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Agenda Packet 2002/09/10
CITY COUNCIL AGENDA September 10, 2002 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CI'IY OF CHULA VISTA City Council City Manager Patty Davis David D. Rowlands, Jr. Stephen C. Padilla City Attorney Jerry R. Rindone John M. Kaheny Mary Salas City Clerk Shirley A. Horton, Mayor Susan Bigelow The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68 AGENDA September 10, 2002 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF TIlE DAY · INTRODUCTION BY DOUG PERRY, FIRE CHIEF, OF THE EMPLOYEE OF THE MONTH, JIM GARCIA, FIRE CAPTAIN · INTRODUCTION BY DOUG PERRY, FIRE CHIEF, OF RECENTLY PROMOTED AND RECENTLY HIRED FIRE DEPARTMENT PERSONNEL · PRESENTATION OF A PROCLAMATION BY MAYOR HORTON TO DOUG PERRY, FIRE CHIEF AND RICK EMERSON, CHIEF OF POLICE, PROCLAIMING SEPTEMBER 11, 2002 A DAY OF REMEMBRANCE. CHIEF PERRY AND CHIEF EMERSON WILL REFLECT ON THE EVENTS OF SEPTEMBER 11, 2001, AND INVITE ALL TO THE CITY'S PATRIOT DAY OBSERVANCE ON SEPTEMBER 11, 2002, FROM NOON TO 1:00 P.M. AT MEMORIAL BOWL. · PRESENTATION OF A PROCLAMATION TO MICHAEL MEACHAM, SPECIAL OPERATIONS MANAGER, PROCLAIMING THE WEEK OF SEPTEMBER 16, 2002 NATIONAL POLLUTION PREVENTION WEEK · PRESENTATION BY DEPUTY CITY MANAGER PALMER OF THE EMPLOYEES' PRIDE AT WORK PROGRAM CONSENT CALENDAR (Items 1 through 14) The Council will enact the staff recommendations regarding the following items listed under the Consent Calendar by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES of August 27, 2002. Staff recommendation: Council approve the minutes. 2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE SECTION 21354.3 (3% @ 60 FULL FORMULA) FOR ALL ACTIVE LOCAL MISCELLANEOUS MEMBERS (SECOND READING AND ADOPTION) On August 28, 2001, the Council approved labor agreements with the City's miscellaneous employee groups that included certain retirement benefit enhancements. This step is required in the CalPERS contract amendment process in order to implement the change in the basic pension benefit formula. (Director of Human Resources) Staff recommendation: Council place the ordinance on second reading for adoption. 3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 25 MILE PER HOUR SPEED LIMIT ON SURREY DRIVE BETWEEN ALLEN SCHOOL LANE AND CUL-DE-SAC AND ADDING THIS ROADWAY SEGMENT TO SCHEDULE X OF THE REGISTER MAINTAINED BY THE CITY ENGINEER (SECOND READING AND ADOPTION) Based on the provisions of Division 11, Chapter 7, Article 1 and Division 17, Chapter 3, Article 1 of the California Vehicle Code, and pursuant to authority under Municipal Code {}10.48.020 titled "Established Speed Limits in Certain Zones," the City Engineer has determined that, in the interest of minimizing traffic hazards and for the promotion of public safety, the speed limit on Surrey Drive between Allen School Lane and cul-de-sac should be established at 25 mph. (Director of Public Works) Staff recommendation: Council place the ordinance on second reading for adoption. 4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN OTAY RANCH VILLAGE SIX), AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (SECOND READING AND ADOPTION) This ordinance, introduced on August 27, 2002, authorizes the levy of special taxes in Community Facilities District No. 2001-02 to fund debt service, issuance costs and administrative expenses for bonds to be used to fund the construction and acquisition of public improvements necessary to serve the McMillin Otay Ranch Village 6 project and to finance certain traffic enhancement projects in the City's eastern territories. (Director of Public Works) Staff recommendation: Council place the ordinance on second reading for adoption. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GOAL FOR THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER 1, 2002 THROUGH SEPTEMBER 30, 2003 FOR CITY OF CHULA VISTA PROJECTS UTILIZING FEDERAL HIGHWAY ADMINISTRATION FUNDING AND THE METHODOLOGY USED TO OBTAIN THE GOAL Page 2 - Council Agenda 09/10/02 All local agencies receiving federally assisted funds from the Federal Highway Administration are required to submit a Disadvantaged Business Enterprise (DBE) Program. The DBE Program is designed to allow contractors/consultants owned and controlled by minorities, women and other socially and economically disadvantaged persons to have the opportunity to bid and work on projects funded by the Federal Highway Administration. The City's DBE Program for the coming Federal Fiscal Year will remain the same as the current program. However, the DBE Goal and the methodology used to obtain the goal must be revised for each fiscal year. (Director of Public Works) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN OTAY RANCH VILLAGE SIX) On August 20, 2002, a special election of eligible property owners was held for the purpose of voting on the formation of the Community Facilities District No. 2001-2 (CFD 2001-2). The results of the special election were declared and certified, and an ordinance was introduced, authorizing a levy of special taxes. Adoption of the resolution approves the form of an acquisition/financing agreement, setting forth the terms by which the public improvements shall be financed by CFD No. 2001-2. (Director of Public Works) Staff recommendation: Council adopt the resolution. 7. COUNCIL RATIFICATION OF PROPOSED MEMBER APPOINTMENTS TO FILL THE FOUR POSITIONS REPRESENTING REGIONAL ENVIRONMENTAL INTERESTS ON THE GENERAL PLAN UPDATE ENVIRONMENT, OPEN SPACE & SUSTAINABLE DEVELOPMENT SUBCOMM1TI'EE As directed by Council on July 9, 2001, staff is recommending ratification of appointment for the four positions representing regional environmental interests on the Environment, Open Space & Sustainable Development Subcommittee. The General Plan Management Team is recommending individuals from four environmental interest groups who have been, and continue to be engaged in diverse local and regional planning programs. (Director of Planning and Building) Staff recommendation: Council accept the report and ratify the four appointments to the Environment, Open Space & Sustainable Development Subcommittee. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING PROCESS, ACCEPTING INFORMAL BIDS, AND AWARDING CONTRACT FOR THE TRAFFIC SIGNAL INSTALLATION AT EASTLAKE PARKWAY AND CLUBHOUSE DRIVE (PROJECT TF-303) TO T & M ELECTRIC, IN THE AMOUNT OF $46,351 Page 3 - Council Agenda 09/10/02 On August 14, 2002, the Traffic Engineer'mg Section received informal bids from four electrical contractors for this project. T & M Electric submitted the low informal bid of $46,351.00. (Director of Public Works) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS, APPROVING THE THIRD AMENDMENT TO THE AGREEMENT WITH MCGILL MARTIN SELF, INC., APPROVED BY COUNCIL RESOLUTION 2001-132, FOR PROVIDING PROJECT MANAGEMENT, SPECIAL TAX CONSULTANT SERVICES AND AUDITING SERVICES FOR THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 08-I (OTAY PROJECT, L.P. - VILLAGE 6), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution approves the third amendment to the existing agreement with McGill Martin Self, Inc., for providing project management and special tax consultant services for the formation of Community Facility District No. 08-I. (Director of Public Works) Staff recommendation: Councii adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $.15,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE FINE ARTS FUND AND $15,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE RESIDENTIAL CONSTRUCTION TAX FUND FOR AMERICAN'S WITH DISABILITIES ACT BUILDING REHABILITATION ASSISTANCE FOR THE SAN DIEGO JUNIOR THEATER PROJECT AT 250 THIRD AVENUE, AND APPROVING THE ASSOCIATED FUNDING AGREEMENT (4/5THS VOTE REQUIRED) The San Diego Junior Theater is leasing a new South County facility at the southwest comer of Third Avenue and Davidson Street. The theater w'fll offer a full program of children's acting classes and provide a new venue for plays produced by the theater. In order to comply with provisions of the Americans with Disabilities Act (ADA) affecting the cost of rehabilitation of the facility, the City has agreed to financially assist the project with funding to meet ADA and building code compliance. (Director of Community Development) Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REPROGRAMMING $23,150 FROM THE STATE COPS GRANT 2000, AMENDING THE FISCAL YEAR 2003 POLICE DEPARTMENT BUDGET BY TRANSFERRING $23,150 FROM SUPPLIES AND SERVICES TO CAPITAL, APPROPRIATING $85,000 FROM THE ASSET SEIZURE FUND TO THE GENERAL FUND, ACCEPTING BIDS FOR PURCHASE OF AN INVESTIGATIVE SERVICES VEHICLE, AND AWARDING THE CONTRACT IN THE AMOUNT OF $123,150 TO THE MATlqMAN COMPANY (4/5THS VOTE REQUIRED) Page 4 - Council Agenda 09/10/02 The City has received and evaluated four proposals for an investigative services vehicle. The actual cost of the vehicle is $123,150, $100,000 was originally appropriated for the purchase of the vehicle, and therefore staff is recommending reprogramming $23,150 from the State COPS Grant 2000 to cover the additional cost. (Chief of Police) Staff recommendation: Council adopt the resolution. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PROPOSED CIVIC AWARD SPONSORED BY THE HUMAN RELATIONS COMMISSION TO RECOGNIZE INDIVIDUALS AND ORGANIZATIONS THAT CONTRIBUTE THEIR TIME AND/OR RESOURCES TO THE COMMUNITY Adoption of the resolution will approve a quarterly award recognizing individuals and/or organizations that make a significant contribution to the City of Chula Vista. (Chief of Police) Staff recommendation: Council adopt the resolution. 13 A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA BUILDING CODE, 2001 EDITION WITH AMENDMENTS B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2001 EDITION WITH AMENDMENTS C. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA MECHANICAL CODE, 2001 EDITION WITH AMENDMENTS D. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2001 EDITION AND UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRIC CODE, 1996 EDITION, WITH AMENDMENTS E. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA ENERGY CODE, 2001 EDITION F. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA PLUMBING CODE, 2001 EDITION WITH AMENDMENTS G. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA FIRE CODE, 2001 EDITION Page 5 - Council Agenda 09/10/02 H. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE URBAN-WILDLAND IN'I~RFACE CODE, 2000 EDITION WITH AMENDMENTS Adoption of the various 2001 editions of the California Codes is a routine action undertaken by the Planning and Building Department every three years in response to newly published codes. The adoption of these codes is in conformance with City Council Policy 500-04 as adopted by Resolution 5656, which endorses the establishment and maintenance of uniform building regulations within the jurisdictions of the County of San Diego. (Director of Planning and Building) Staff recommendation: Council place the ordinances on first reading. 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS, APPROVING AN AGREEMENT WITH KATZ & ASSOCIATES CONTINGENT UPON APPROVAL OF A COST SHARING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SWEETWATER UNION HIGH SCHOOL AND CHULA VISTA ELEMENTARY SCHOOL DISTRICTS, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE CONSULTANT SERVICES COST SHARING AGREEMENT BETWEEN THE CITY AND DISTRICTS (4/5THS VOTE REQUIRED) At its July 9, 2002 meeting, the City Council approved a motion to create a joint City/School Task Force comprised of representatives appointed by the Chula Vista City Council, Sweetwater Union High School District and Chula Vista Elementary School District. The proposed Task Force was in response to community concerns of overcrowding at EastLake High School and will address and make recommendations regarding threshold standards and forecasting methodology used in projecting school populations, among other issues. (City Manager) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. Page 6 - Council A~enda 09/10/02 PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 15. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE MODIFYING THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE AND AMENDING CHAPTER 3.54 OF THE MUNICIPAL CODE On August 13, 2002, Council approved Urgency Ordinance No. 2866-A, modifying the Transportation Development Impact Fee (TDIF) and amending Chapter 3.54 of the Municipal Code. This proposed urgency ordinance enables the City to continue to collect thc fee during the 60-day waiting period before thc regular ordinance becomes effective. (Director of Public Works) Staff recommendation: Council conduct the public hearing and adopt the following urgency ordinance: URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 3.54, RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES (4/5THS VOTE REQUIRED) 16. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE III-WOODS, VISTAS AND LAND SWAP PARCEL) AND CONSIDERATION OF THE AUTHORIZATION TO LEVY SPECIAL TAXES AND TO INCUR A BONDED INDEBTEDNESS SECURED BY SUCH SPECIAL TAXES On April 16, 2002, Council accepted the EastLake Company, LLC application and approved the process to begin the formation of Community Facilities District No. 06-I (CFD No. 06-I). On July 23, 2002, Council approved the Resolution of Intention to form CFD No. 06-I and set the public hearing for September 10, 2002. CFD No. 06-I will fund the construction of public facilities, such as roadways for the EastLake project. In addition, a portion of the proceeds may be authorized for certain Transportation projects, as directed by the City. Adoption of the resolutions continues the formal proceedings leading to the establishment of Community Facilities District No. 06-I. (Director of Public Works) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 06-I (EAS~ III - WOODS, VISTAS AND LAND SWAP PARCEL), DESIGNATING IMPROVEMENT AREAS THEREIN, AND AUTHORIZING SUBMH'IAL OF LEVY OF SPECIAL TAXES WITHIN EACH SUCH IMPROVEMENT AREA TO THE QUALIFIED ELECTORS THEREOF Page 7 - Council Agenda 09/10/02 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUL~ VISTA DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS FOR EACH IMPROVEMENT AREA OF COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE Ill - WOODS, VISTAS AND LAND SWAP PARCEL), SUBMITTING TO THE QUALIFIED ELECTORS OF EACH SUCH IMPROVEMENT AREA SEPARATE PROPOSITIONS TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN EACH SUCH IMPROVEMENT AREA, TO AUTHORIZE SUCH COMMUNITY FACILITIES DISTRICT TO INCUR A BONDED INDEBTEDNESS FOR EACH SUCH IMPROVEMENT AREA SECURED BY THE LEVY OF A SPECIAL TAX WITHIN SUCH IMPROVEMENT AREA TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT, AND GIVING NOTICE THEREON 17. CONSIDERATION OF AUTHORIZATION TO AMEND THE CITY OF CHULA VISTA ZONING MAP BY REZONING 1.62 ACRES OF LAND IN OTAY RANCH VILLAGE TWO FROM THE PLANNED COMMUNITY (PC) ZONE TO PUBLIC/QUASI-PUBLIC (P-Q) ZONE FOR THE PURPOSE OF CONSTRUCTING FIRE STATION NO. 7 (APPLICANT: THE CITY OF CHULA VISTA/OTAY RANCH COMPANY) This Project is a joint application initiated by the City and the Otay Ranch Company to rezone 1.62 acres of land in Village Two of Otay Ranch from the Planned Community (PC) Zone to Public/Quasi-Public (P-Q) Zone for the purpose of constructing Fire Station No. 7. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing, place the f611owing ordinance on first reading and adopt the following resolution: A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CITY OF CHULA VISTA ZONING MAP ESTABLISHED BY CHAPTER 19, SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE BY REZON1NG 1.62 ACRES OF LAND IN OTAY RANCH VILLAGE TWO FROM THE PLANNED COMMUNITY ZONE TO PUBLIC/QUASI-PUBLIC ZONE FOR THE PURPOSE OF CONSTRUCTING A FIRE STATION (FIRE STATION NO. 7) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM (IS-02-033) AND ADOPTING AN ORDINANCE TO AMEND THE CITY OF CHULA VISTA ZONING MAP ESTABLISHED BY CHAPTER 19, SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE BY REZONING 1.62 ACRES OF LAND IN OTAY RANCH VILLAGE TWO FROM PLANNED COMMUNITY ZONE TO PUBLIC/QUASI-PUBLIC ZONE FOR THE PURPOSE OF CONSTRUCTING A FIRE STATION (FIRE STATION NO. 7) Page 8 - Council Agenda 09/10/02 ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussion and deliberation by the Council, staff, or members of the public. The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 18. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROPRIATING FUNDS AND AWARDING A CONTRACT FOR STREET WIDENING AT EAST 'H' STREET ON ~ SOUTH SIDE, EAST AND WEST OF INTERSTATE 805 NORTHBOUND RAMPS On August 21, 2002, the Director of Public Works received sealed bids for this project. The work to be done consists of street widening on the south side of East 'H' Street, east and west of Interstate 805 northbotmd ramps, related traffic signal work and replac'mg asphalt concrete improvements on the center raised island median with decorative stamped concrete. (Director o£ Public Works) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND, ACCEPTING BIDS, AND AWARDING CONTRACT FOR THE 'STREET WIDENING - EAST 'H' STREET, SOUTH SIDE, EAST AND V~EST OF INTERSTATE 805 NORTHBOUND RAMPS IN THE CITY OF CHULA VISTA (PROJECT STM-340 - 4/5THS VOTE REQUIRED) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 19. CITY MANAGER'S REPORTS A. Scheduling of meetings. 20. MAYOR'S REPORTS 21. COUNCIL COMMENTS A. MARY SALAS: Ratification of appointment to the Mobilehome Rent Review Commission ~ Tom Shipe. Page 9 - Cotmcil Agenda 09/10/02 CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Clerk's office in accordance with the Ralph M. Brown Act (Government Code $4957.7). 22. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: APN 618-200-5900 Negotiating Parties: City of Chula Vista (Andy Campbell, George Krempl) and Jacobs Vernon Project, LLC Under Negotiation: Acquisition and terms of sale 23. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) · One Case ADJOURNMENT to the Regular Meeting of September 17, 2002, at 6:00 p.m. in the Council Chambers. Page 10 - Council Agenda 09/10/02 COUNCIL AGENDA STATEMENT Item ~. Meeting Date 9/10/02 ITEM TITLE: a) Ordinance Authorizing an amendment to the contract between the Board of administration of the Public Employees' Retirement System and the City Council of the City of Chula Vista to provide Section 21354.3 (3% @ 60 Full Formula) benefits to all active miscellaneous members (Second Reading). On August 28,2001, Council approved labor agreements with the City's miscellaneous employee groups, which included certain retirement benefit enhancements. These actions are the final steps required in the CalPERS contract amendment process in order to implement the change in the basic pension benefit formula and the appropriation of funds is needed to cover the cost of the contract amendment. SUBMITTED BY: Assistant City Manager Powell~'3 Director of Human Resources ~ REVIEW BY: City Manager ~' (4/5ths Vote: Yes__ No X ) RECOMMENDATION: That Council adopt the ordinance in accordance with CalPERS requirements for implementing an amendment to the contract between the Board of administration of the Public Employees' Retirement System and the City Council of the City of Chula Vista to provide Section 21354.3 (3% @ 60 Full Formula) benefits to all active miscellaneous members. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The City currently contracts with CalPERS for the 2% @ 55 retirement benefit formula for its miscellaneous employees. On August 28, 2001, the City Council approved labor agreements with the City's miscellaneous employee groups including: Executive Managers, Senior Managers, Middle-Managers, Western Council of Engineers (WCE), Confidential Employees, and the Chula Vista Employees Association (CVEA). Included in these agreements is an enhancement to the CalPERS contract to include the 3% @ 60 Full Formula retirement benefit effective January 2003, pending adoption of enabling legislation by the State. On October 13, 2001, AB 616 (Calderon) adding the 3% @ 60 benefit was chaptered into law. The 3% @ 60 benefit provides to miscellaneous employees 3% of pay at age 60 for each year of service credited with the City. Local miscellaneous members subject to the 3% @ 60 Full Formula contribute 8% of reportable earnings. This is an increase of 1% from the 7% employee contribution under the current 2% @ 55 formula. Even though the City currently pays the employees' full contribution and has agreed to pay the full 8% under the 3% @ 60 formula, CalPERS requires that an election of the affected members for any formula change affecting the members' contribution rate be held. This election will be conducted between the adoption of the resolution presented herein and prior to the adoption of the final ordinance, per CalPERS regulations. It is a simple blind "yes or no" vote, and would require 50% of the affected employees plus one casting a "no "vote to stop the contract amendment. Historically, when an employer's contract with CaIPERS is amended to enhance a retirement formula the amendment applies to all past and current employees who have not yet retired but have retirement service credits from their employment with the City. For example, an employee with 10 years service credit who left the City at age 45 under the 2% @ 55 formula would be subject to the benefit level the City was contracting for at their retirement date (in this case 3% @ 60). However, when AB 616 was chaptered into law it included a specific provision that only those employed by the contracting agency on or after the effective date of the contract are eligible for this formula. Because of the difficulties associated with implementation of bifurcated benefits for a contracting employer, there have been several attempts by CalPERS this legislative session to have "clean-up" legislation passed to make it consistent with past practice. CaIPERS staff has advised the City that the "clean-up" legislation will not be passed this session. Therefore the 3% @ 60 benefit will only apply to those employees who are employed by the City on or after December 27, 2002. The earliest date they can retire and receive this benefit is December 28, 2002. The labor agreements call for the implementation of the benefit in January 2003. It is proposed that the contract effective date be December 27, 2002 because: 1) it is the first date of the pay period which includes January 1, 2003, and 2) it will allow employees who are eligible to retire, to retire prior to the first of the year which will make them eligible for a cost of living increase one year earlier than if they were to retire January 1 or later. The process set out by CalPERS for contract amendments is specific. This item is being presented as an announcement of the City's intention to amend our contract with CalPERS and to present the first reading of the required Ordinance. Pursuant to Government Code Section 20471, CalPERS requires that there be a 20-day period between the adoption of the Resolution of Intention and the adoption of the final Ordinance. There are no exceptions to this law. The first reading of the ordinance was held on August 20, 2002. The adoption of ordinance today meets the 20-day requirement. The effective date of the contract amendment will be December 27, 2002. Cost of the Amendment Government Code Section 7507 requires that the future annual costs of the proposed contract amendment be disclosed at a public meeting at least two weeks prior to the adoption of the final Ordinance. The following costs have been identified in the actuarial cost estimates provided by CalPERS for this contract amendment. 1 ) Change in the Present Value of Benefits ' $27,274,025 The "present value of benefits" is an actuarial term that represents the total dollars needed today to fund all future benefits for the current members of the Plan, without regard to future employees. After this amendment, the total present value of benefits is estimated to be $177.2 million. 2) Change in the Excess Assets ($17,076,046) As of each June 30 (two years in arrears) CalPERS calculates the "desirable" level of Plan assets as of that point in time by subtracting the present value of scheduled future employee contributions and future employer normal costs from the total present value of benefits. The resulting "desirable" level of Plan assets is referred to as the "accrued liability." A Plan with assets exactly equal to the accrued liability is "on schedule," with only a consistent level of employee and employer contributions required to stay on schedule. A Plan with assets less than the accrued liability has what is referred to as an "unfunded liability," and must temporarily increase contributions to get back on schedule. A Plan with assets in excess of the accrued liability is said to have "excess assets," and therefore can temporarily reduce contributions until it is back on schedule. Prior to this amendment, the City's Miscellaneous Plan reflected excess assets estimated at $26.5 million. With the decrease in excess assets as a result of this amendment, CaIPERS estimates that the total excess assets will amount to $9.4 million. 3) Change in the Total Employer Rate 8.631% CalPERS is estimating that the employer contribution rate necessary to keep the Plan on schedule after factoring in the impact of this amendment along with the Survivor's Benefit already added earlier this fiscal year will be 8.631% of reportable wages. This contribution rate amounts to approximately $3.6 million annually. It is expected that the City's pension contribution costs for both Miscellaneous and Safety Plans will increase significantly over the next few years due to other factors, such as the recent implementation of including employer paid member contributions in the amount of wages subject to retirement benefits, and the reported poor performance of the CalPERS investment portfolio over the last couple of years. Staff is involved in an ongoing dialogue with CalPERS staff regarding alternative funding scenarios aimed at spreading the cost of this amendment and other recent enhancements over a longer period of time, thereby minimizing the annual budgetary impact. Staff is also reviewing the feasibility of issuing another series of Pension Obligation Bonds similar to the transaction the City utilized in 1994 in order to minimize the cost of these important employee benefits. FISCAL IMPACT: Since the effective date of the recommended contract amendment is approximately half way through the current fiscal year (12/27/02), the estimated fiscal impact for this fiscal year is an increase in expenditures of $1,786,033. The current year cost is to be funded through unanticipated program revenues resulting from the cost increase consisting primarily of staff cost reimbursements from special funds ($374,848), developer staffing contracts, etc. ($346,185), unanticipated general revenues consisting of Secured Property Taxes ($480,000), Investment Pool Interest Earnings ($170,000) and unanticipated one-time general revenues consisting of Landfill Impact Fees ($415,000). It should be noted that these one-time fees will not likely be available to fund the ongoing cost of this contract amendment in future years resulting in the need to identify other funding sources or offsetting program reductions during the budget development process. Exhibits: 1) Amendment To Contract Between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Chula Vista. TAE/te CaIPERS EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the Cil3' Council City of Chula Vista The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1, 1948, and witnessed August 31, 1948, and as amended effective October 1, 1951, November 1, 1955, January 1, 1960, January 1, 1961, September 1, 1967, September 28, 1973, October 4, 1973, October 8, 1976, April 16, 1981, January 8, 1982, September 28, 1984, July 3, 1987, October 13, 1989, September 27, 1990, November 16, 1990, January 4, 1991, September 6, 1991, October 7, 1994, June 28, 1995, May 29, 1998, April 7, 2000 and July 1, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 15 are hereby stricken from said contract as executed effective July 1, 2002, and hereby replaced by the following paragraphs numbered 1 through 16 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. PLEASE DO NOT SIGN "EXHIBIT ONLY" 2. Public Agency shall participate in the Public Employees' Retirement System from and after October I, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Effective October 4, 1973 and prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. This contract shall be a continuation of the contract of the Montgomery Fire Protection District, hereinafter referred to as "Former Agency". The accumulated contributions, assets and liability for prior and current service under the Former Agency's contract shall be merged pursuant to Section 20508 of the Government Code. Such merger occurred January 1, 1986. a. All benefits provided under this contract shall apply to all past service for former employees of the Montgomery Fire Protection District. 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after the date of this contract amendment shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). PLEASE DO NOT SIGN "EXHIBIT ONLY" 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after the date of this contract amendment shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 10. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 11. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20965 (Credit for Unused Sick Leave). b. Section 20425 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members on or before September 28, 1973). c. Section 21325 (One-Time 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1,2002. d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for local safety members only. e. Section 20516 (Employees Sharing Cost of Additional Benefits): Section 21362 2% @ 50 Full formula From and after September 28, 1984 to July 1, 1985 the safety employees of Public Agency shall be assessed an additional 0.341% of their compensation for a total contribution rate of 9.341% pursuant to Government Code Section 20516. f. Section 21574 (Fourth Level of 1959 Survivor Benefits). g. Section 20042 ~ensation). h. Section 20426 "Local Police Officer" shall include any officer or employee of a ~olice department employed to perform communication duties and wh~ elected to become a local safety member on August 25, 973). PLEASE DO NOT SIGN "EXHIBIT ONLY" i. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. j. Section 21623.5 ($5,000 Retired Death Benefit). k. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance) for local miscellaneous members only. 12. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on October 8, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 13. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 14. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 15. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 16. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributiQ!1s is paid for any period, proper adjustment shall be made in connectieÞ.. with subsequent remittances. Adjustments on account of errors i~ontributions required of any employee may be made by direct pay~K...~ between the employee and the Board. ~ B. This ame~ent shall be effective on the day of ~ BOARD OF A~INISTRATION CITY COUNCIL ~ PUBLIC E~YEES' RETIREMENT SYSTEM CITY OF CHULA VIS~ èJ§ ~ BY ~ BY f:::. KENN~W. MARZION, CHIEF PRESIDING O!ffßER ~S~~EIAL & EMPLOYER SERVICES DIVISION ",«) l¿ft I MPLOYEES' RETIREMENT SYSTEM &' ~ ~ èi:: Witnes~ate Att~ ~ ~ ~ ~erk AMENDMENT PERS-CON-702A (Rev. 8\96) 2-q ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO PROVIDE SECTION 21354.3 (3% @ 60 FULL FORMULA) FOR ALL ACTIVE LOCAL MISCELLANEOUS MEMBERS The City Council of the City of Chula Vista does ordain as follows: Section 1. That an amendment to the contract between the Board of Administration, California Public Employees' Retirement System and the City Council of the City of Chula Vista is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City of Chula Vista is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published at least once in the Chula Vista Star News, a newspaper of general circulation, published and circulated in the City of Chula Vista and thence forth and thereafter the same shall be in full force and effect. Presented by: Approved as to form by: Robert Powell Assistant City Manager J:/attorney/ord/3%60 ;:J- /¿) RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2003 BUDGET APPROPRIATING FUNDS TO COVER THE COST OF THE CONTRACT AMENDMENT WHEREAS, on August 28, 2001, the Council approved labor agreements with the City's miscellaneous groups, which included certain retirement benefit enhancements; and WHEREAS, the CalPERS contract amendment must be adopted in order to implement the change in the basic pension benefit formula and the appropriation of funds is needed to cover the cost of the contract amendment; and WHEREAS, since the effective date of the recommended contract amendment is approximately half way through the current fiscal year (12/27/02), the estimated fiscal impact for this fiscal year is an increase in expenditures of$I,786,033; and WHEREAS, Exhibit A sets forth the FY03 Budget Amendments and Appropriations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2003 budget appropriating funds to cover the cost of the PERS contract amendment as set forth in Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to form by Robert Powell Assistant City Manager J:/attomey/reso/appropriation 3%60 d-I/ Exhibit A FY03 BudQet Amendments and Appropriations General Fund Appropriations and Offsetting Revenues Personnel Services City Council City Clerk City Attorney Administration MIS Human Resources Finance Community Development Planning & Building Engineering Police Fire Public Works Parks & Recreation Library Nature Center Total General Fund Appropriations Parking Meter Fund Central Garage Fund Total Appropriations Other Funds Total Appropriations $17,464.00 $18,270.00 $46,151.00 $142,893.00 $73,648.00 $65,851.00 $70,682.00 $72,819.00 $217,768.00 $247,102.00 $223,563.00 $12,401.00 $336,883.00 $62,741.00 $133,345.00 $19.944.00 $1,761,525.00 $2,306.00 $22.202.00 $24,508.00 $1,786,033.00 Less: Offsetting Program Revenues Reimbursements Fees Total Program Revenues $374,848.00 $346.185.00 $721,033.00 Net Cost to be covered by Discretionary Revenues $1,065,000.00 d- /'J- , Other Fund Appropriations nèeded for General Fund Reimbursements Other Expenses 241 - Parking Meter Fund 317 - Redev Low & Mod Income Hous 351 - Town Centre Landscp Dist 1 352 - Bay Blvd Landscape 353 - Eastlake Maint Dist 1 354 - Open Space District 1 355 - Open Space District 2 356 - Open Space District 3 357 - Open Space District 4 358 - Open Space District 5 359 - Open Space District 6 361 - Open Space District 7 362 - Open Space District 8 363 - Open Space District 9 364 - Open Space District 10 365 - Open Space District 11 367 - Open Space District 14 368 - Open Space District 15 369 - Open Space District 17 371 - Open Space District 18 372 - Open Space District 20 373 - Open Space District 23 374 - Open Space District 24 375 - Open Space District 26 376 - Open Space District 31 387 - Cfd 98-3 Sun bow 2 388 - Community Facility Dst 97-1 OR 389 - OR Vii 1,2,6,7,12 401 - Bf Trolley Tda 541 - Telegraph Cyn Sewer Basin DIF 571 - PF General Admin 591 - Trans DIF 611 - Redev BF Town Centre I Fund 651 - swrrc II/Oty Vly Proj Areas Toal Reimbursement Appropriations Transfers Out 294 - Sewer Service Revenue Fund 301 - Storm Drain Revenue Fund Total Transfer Appropriations Total Appropriations Other Funds ;2-/3 $5,383.00 $20,924.00 $191.00 $46.00 $1,468.00 $346.00 $73.00 $274.00 $400.00 $213.00 $104.00 $69.00 $306.00 $407.00 $412.00 $806.00 $1,806.00 $107.00 $24.00 $786.00 $6,597.00 $85.00 $145.00 $42.00 $674.00 $2,783.00 $5,228.00 $324.00 $46.00 $350.00 $27,014.00 $7,006.00 $40,129.00 $37.324.00 $161,892.00 $198,900.00 $14.056.00 $212,956.00 $374,848.00 ORDINANCE NO. ~ AN ORDINANCE OF THE CITY O~~~ VISTA ESTABLISHING A 25 MPH SPEED LIMI EY DRIVE BETWEEN ALLEN SCHOOL LANE. CUL-DE-SAC AND ADDING THIS ROADWAY SEGM~O SCHEDULE X OF A . REGISTER MAINTAINED BY THE OFFICE OF THE CITY ENGINEER WHEREAS, based on the provisions of Division II-Chapter 7- Article 1 and Division 17-Chapter 3-Article 1 of the California Vehicle Code, and pursuant to authority under Chula Vista Municipal Code section 10.48.020, the City Engineer has determined that, in the interest of minimizing traffic hazards and for the promotion of public safety, the speed limit on Surrey Drive between Allen School Lane and cul-de-sac be established at 25 MPH. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: That Schedule X of a Register of Schedules maintained by the City Engineer as provided in Section 10.48.020 of the Chula Vista Municipal Code, Established Speed Limits in Certain Zones - Designated, is hereby amended to include the following changes: Chula Vista Municipal Code section 10.48.020 - SCHEDULE X ESTABLISHED SPEED LIMITS IN CERTAIN ZONES Name of Street Beginning At Ending At Proposed Speed Limit Surrey Drive Allen School Cul-de-sac 25 MPH Lane SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by John P. Lippitt Director of Public Works J;\attorney!ordinance\SPEED.EST 3-1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ACTING AS THE LEGISLATIVE BODY OF COM DISTRICT NO. 2001-2 (MCMILLIN - OTAY AUTHORIZING THE LEVY OF A SPECIAL TA FACILITIES DISTRICT ~~ FACILITIES - VILLAGE SIX) N SUCH COMMUNITY ORDINANCE NO. 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 is designated as COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN - OTAY RANCH _ VILLAGE SIX) (the "District"). The City Council of the City of Chula Vista, California, acting as the legislative body of Community Facilities District No. 2001-2 (McMillin - Otay Ranch - Village Six), does hereby ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the "Rate and Method"). SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied in the District shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method. SECTION 3. The special taxes herein authorized to be levied within the District, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Lf- / I 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 tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. Presented by APPROVED AS TO FORM: John Lippitt Director of Public Works J:\Attorney\ord\cfd 01-02 Village Six tf-d- 2 COUNCIL AGENDA STATEMENT Item Meeting Date: 9/10/02 ITEM TITLE: Resolution Approving the Goal for the Disadvantaged Business Enterprise Program for the period of October 1, 2002 through September 30, 2003 for City of Chula Vista projects utilizing Federal Highway Administration funding and the Methodology used to obtain the Goal. SUBMITTED BY: Director ofPublic~,, Work~ REVIEWED BY: City Manager~%~'- (4/Sths Vote: Yes No X ) All local agencies receiving federally assisted funds from the Federal Highway Administration are required to submit a Disadvantaged Business Enterprise Program (DBE Program). The Disadvantaged Business Enterprise Program is designed to allow contractors/consultants owned and controlled by minorities, women and other socially and economically disadvantaged persons to have the opportunity to bid and work on projects funded by the Federal Highway Administration. The City's DBE Program for the coming Federal Fiscal Year will remain the same as the current program. However, the DBE Goal and the methodology used to obtain the goal must be revised for each fiscal year. The Goal is 8.23% and the Methodology is shown in Exhibit "B". RECOMMENDATION: That Council approve the resolution approving the Disadvantaged Business Enterprise Program Goal and Methodology for the period of October 1, 2002 through September 30, 2003 for City of Chula Vista projects utilizing Federal Highway Administration funding. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: General On September 18, 2001 City Council approved Resolution No. 2001-310 accepting the Disadvantaged Business Enterprise Program for the period of October 1,2001 through September 30, 2002. The goals for the program have been revised for the next fiscal year (October 1, 2002 through September 30, 2003). The Disadvantaged Business Enterprise (DBE) Program is a federal program operating under the guidance of the United States Department of Transportation (DOT). A new Federal regulation, Title 49 Code of Federal Regulations, Part 26 (49 CFR 26), which governs the DBE Program became effective March 4, 1999. 49 CFR 26 replaces Part 23 of Title 49 of the Code of Federal Regulations Page 2, Item Meeting Date 9/1_~0/02 as the final rule binding all local agencies DOT assisted contracts. Caltrans has been entrusted with local agency oversight responsibility for DBE implementation and shall administer the Federal-aid highway funds from Federal Highway Administration (FHWA) programs. City staff has worked closely with CALTRANS in preparing this program. The overall goal of the DBE Program is to ensure that contractor/consultant businesses owned and controlled by minorities, women and other socially and economically disadvantaged persons have the opportunity to bid and work on projects funded by FHWA. It is the policy of the City of Chula Vista to ensure that DBE's have an equal opportunity to receive and participate on DOT funded projects. It will be the DBE Programs goal to accomplish the following: 1. To ensure non-discrimination in the award and administration of DOT assisted contracts; 2. To create a level playing field on which DBE's can compete fairly for DOT assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR 26 eligibility standards are permitted to participate as DBE's; 5. To help remove barriers for the participation of DBE's in DOT assisted contracts; and 6. To assist the development of firms to compete successfully in the market place outside the DBE Program. City of Chula Vista DBE Program Overall Goal As part of the DBE Program, the City of Chula Vista is required to calculate an overall percentage of DBE participation in DOT assisted contracts. The overall goal is defined as a percentage of DBE participation on all Federal-aid highway funds expended on FHWA assisted contracts in the forthcoming fiscal year. The overall goal methodology is a two-step process as described in 49 CFR 26. Step 1 is to determine a base figure percentage. The base figure was determined by researching the availability of DBE's that are ready, willing and able to participate in the Federal-aid contracting programs divided by the number of firms available in San Diego. Certified DBE's figures were determined using CALTRANS databases. The number of all ready, willing and able firms located in the San Diego area was determined using the Census Bureau's 1999 County Business Pattern Database. The City of Chula Vista's base figure was calculated to be 7.9 %. Once a base percentage figure was determined, Step 2 consisted of adjusting the overall goal either up or down based on the availability of DBE's in the local market. Based on relevant upcoming City of Chula Vista DOT assisted projects (Olympic Parkway/I805 Interchange and Willow Street Bridge Replacement) and the availability of DBE's to participate on those projects, the overall goal was Page3, Item ~ Meeting Date 9/10/02 adjusted up to 13.1%. The goal becomes 8.2% when the City's past performance of 2.9% and the current project (not awarded yet) goal of 8.9% are taken into accotmt. See Attachment 2 for Methodology Details and Exhibit "A" for a list of past, current and future Federally Assisted Projects along with their DBE goals. Therefore, it is the City's annual goal for the FY 2002/2003 to attain an 8.2% participation of DBE's on the City of Chula Vista's DOT assisted contracts. In accordance with 49 CFR 26, the City of Chula Vista will include language in the contract specifications, encouraging DBE's to bid on DOT federally assisted projects in order to meet our goal of 8.2% DBE participation. The City of Chula Vista has published a Public Notice, announcing the City ofChula Vista's updated DBE annual goal for the FY 2002/2003 contracts assisted by FHWA, in general cimulation media including women/minority focused media, local trade papers and the Star News. The DBE Program, proposed goal and its rational were available for inspection for thirty (30) days and the City accepted comments on the goals for forty-five (45) days from the date of the Public Notice. During the Public Notice and Comment period, no comments were received regarding the DBE Program. Title 49 CFR 26 requires the local agencies governing body to approve the DBE Program before funds for Federally assisted projects can be utilized. FISCAL IMPACT: The costs of managing and maintaining the DBE program will become part of the costs of Federal Highway projects and included in reimbursements fi.om FHWA programs. Thus, there is no overall impact to the City for this program other than the initial staff costs to prepare this policy. Attachment: DBE Program (Includes the following updates) Attachment 2 - DBE Goal Methodology Exhibit "A" - DBE Participation in Federally Assisted Projects Exhibits "B" thru "E" File No. 0735-10-LY-072 (J:\Engineer~AGENDA2)BE-A113-2003.doc; mji) (August 7, 2002) City of Chula Vista CIIY OF CHULA VISTA DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM FOR U.S. DOT FUNDED PROJECTS Federal Fiscal Year 2001/2002 20O2/2003 (Goal and Methodology Updated July, 2002) ATTACHMENT 2 DISADVANTAGED BUSINESS PROGRAM (DBE) FOR U.S. DOT FUNDED PROJECTS FOR THE CITY OF CHULA VISTA METHODOLOGY FY: 02/03 1. The number of available and willing DBE's in the San Diego area was obtained by using a database program, prepared by SANDAG, CALTRANS' "Calcert" database and the total number of available and willing firms located in the San Diego County area that was obtained from the 1999 Census Bureau's County Business Pattern Database. Exhibit "C" lists all the available DBE firms and includes all Work Category Codes (WCC) codes for which they are certified and their associated North American Industry Classification Systems (NAICS) Codes, formally known as Standard Industry Codes (SIC), used for the census data. Exhibit "B" lists all the "DBE Classifications" (WCC codes) used in Chula Vista. This list includes only those classifications, which were likely to be used on City of Chula Vista DOT assisted projects. 2. Step 1: Overall Goal Calculation (BASE FIGURE/DBE AVAILABILITY) Per our query of the CALTRANS' database (Exhibit "C"), there are 226 available DBE Firms that can perform various types of work likely to be used on City of Chula Vista DOT assisted projects and 7726 total firms, per the "1999 Census", in San Diego available to perform the same work. However, eliminating the firms within the NAICS Classifications that do not have any available DBE firms, see Exhibits E4 and E-2, leaves 6,984 total firms. This yields an initial Base Figure of 3.2%. 226 Available DBE Firms / 6,984 Available Firms in San Diego = 3.2 % (See end of Exhibit "C", page 16) However, due to DBE Firms performing work in many different SIC/WCC codes, in several different NAICS codes, and in various Work Categories, resulting in many duplications of many firms, the DBE availability can be shown in several ways. Several of the exhibits break down the DBE's into all the various codes and categories, and availabilities. The most fair and equitable way to determine the DBE availability and which also gives a realistic DBE availability percentage is to compare the total number of DBE's within each NAICS code against the total number of firms within that same NAICS Code. Although a firm may be listed in several WCC classifications within a NAICS Classification, it is only counted once within each NAICS Classification to calculate availability. DBE firms can still appear within more than one NAICS Classification. Each WCC code within a NAICS Classification will have the same percentage availability. Our revised Base Figure is 7.93%. (554 DBE Firms divided by 6,984 total firms, based on summaries for each NAICS code) (See Exhibit E-2) 3. Past Performance (See Table "DBE Participation in Federally Assisted Projects" (Exhibit (C:\Dbe-C\02-03 DBE Program\dbemethodology2002-03.doc; mji) Page I of 3 The DBE participation rate for DOT funded projects during the last fiscal year, FY-01/02, was calculated and set at 10.8%. We have not been able to determine the actual DBE participation rate since two of the three projects have yet to be awarded. The DBE participation rate for DOT funded projects during the fiscal year, FY-00/01, was calculated and set at 13.4%. One DOT assisted project, a major Pavement Rehabilitation project, was awarded in May 2001 for $5.6 million and has a DBE participation of 2.2%. The two other DOT assisted Traffic projects both had a DBE participation goal of zero. During the prior three fiscal years, (FY-97/98; 98/99; 99/00) the goal was set at 15%. This figure was adopted in previous years based on CALTRANS recommendation. This figure was not based on any calculation or participation of DBE Firms in previous federally assisted funded projects. During this period the City of Chula Vista had two DOT assisted projects totaling $477,727.34 with an average DBE participation of 13.1%. A Traffic Signal Modification project for $191,280.00 had no DBE participation. The other project, "The Beautification of the MTDB Right of Way", had 21.8 % DBE participation. The City's past performance over the last four fiscal years, on projects with goals, has resulted in a average DBE participation rate of 4.7% on four (4) projects totaling $8,036,373. The City of Chula Vista has a Bidder's List. The City of Chula Vista has not collected sufficient data to date for consideration in adjusting the base figure, however, the City of Chula Vista will continue to capture information from all bidders at the time of bid and/or proposal submission and will utilize such information in future goal-setting analysis. The City of Chula Vista is not aware of any current disparity studies within the City's jurisdiction for consideration in the goal-setting analysis and/or adjustment. 4. Step 2: Overall Goal Adjustment For the period of October 1, 2002 to September 30, 2003, the City of Chula Vista expects to begin design and environmental work on the Willow Street Bridge Replacement Project (Consulting Work) and to begin construction on Olympic Parkway/I805 interchange Project, both DOT assisted projects. Based on the availability of DBE's for each type of work (Shown on Exhibit "B") on each project, a percentage of DBE participation was calculated for each project. The average DBE Participation Rate of both projects is 13.1%. See the Table below. Project Project Name Projected DBE Project % of Goal No. Amount Award Goals .~TM-328 Olympic Parkway/1805 $5,000,00£ $683,00£ 13.66% 8§.4% Interchange Willow Street Bridge $TL-261 Replacement $840,00£ $81,26Zl 9.67% 10.6% Totals $5,840,0012 $764,264 '13.1% 100% The overall average rate drops to 8.2% when the City's past performance is taken into account. This includes 13.1% on the two (2) upcoming projects, 8.2% on our current project and 2.9 % on past projects. See table on Exhibit A for details. (C:\l)be-C\02-03 I)BE Program\dbemcthodology2002-03.doc: mji) ~ ~::y Page 2 of 3 5. The entire goal of (8.2%) is to be accomplished through race-conscious measures, which includes establishing contract specific goals on contracts with contracting possibilities, when needed, to meet the City of Chula Vista's overall annual DBE goal. We will also utilize race-neutral methods to increase the DBE participation. This includes; making efforts to assure that bidding and contract requirements facilitate participation by DBE's and other small businesses; unbundling large contracts to make them more accessible to small businesses; encouraging prime contractors to subcontract portions of the work that they might otherwise perform themselves; and providing technical assistance and other services to facilitate consideration of DBEs and others small businesses. 6. In conformance with Public Participation Regulatory requirements of 49 CFR Part 26.45 and CALTRANS Local Assistance Procedures Manual (LAPM), Chapter 9, this goal analysis has been reviewed with minority, women, local business chambers, community organizations, and other U.S. DOT recipients. These entities are knowledgeable about the availability of disadvantaged and non-disadvantaged businesses and the effects of discrimination on contracting opportunities for DBE's within the Authority's marketplace. Additionally, the City of Chula Vista has published a Public Note in general circulation media, announcing the City of Chula Vista proposed overall annual goals for the FY 2002/2003 contracts assisted by FHWA. Such Notice informed the public that the proposed goals and their rational were available for inspection at the City of Chula Vista during normal business hours for 30 days following the date of the Public Notice and, that the City of Chula Vista and FHWA will accept comments on the goals for 45 days from the date of the Public Notice. The required public participation provisions will be fully satisfied prior to submitting the City of Chula Vista's DBE Program and Overall Annual DBE Goal for Final Review and Approval. (C:\Dbe C\02-03 DBE Program\dbemethodology2002-03.doc; mji) ~ ~7 Page 3 of 3 EXHIBIT "A" CITY OF CHULA VISTA DBE Participation in Federally Assisted Projects Chula Vista's Proposed Overall DBE Goal (FY - 02/03) = 8.23 % - Overall DBE Goal (FY- 01/02) = 10.8% (Begins 10-01-02) FUTURE PROJECTS - (FY - 02~03) (Oct 2002 - Oct 2003) CONTRACT AWARD INFO. Project Actual Amount FY- Federal DBE Project Goals Contract ACTUAL BBE % of Proj No. Project Name 02/003 Contribution (%) / Amount IS) Date/Reso. Amount AWARD Contract Actual % Olympic Parkway/ Constr Phase $10,756,200 $5,000,000 13.66% $683,000 00 January-0~ STM-328 1805 Interchange ($21,400,000) Total $10,756,200 $5,000,000 13.66% $683,000 O0 January3.'. Willow Street Staff ~50,000 $40,000 - $0 STL-261 Bridge Environmental $400,000 $320,000 * 12.66% $40,512 Replacement Design Phase $600.000 $480,000 * 8.49% $40,752 Januar~-0~ I$11,000,000) Total $1,050,000 $840,000 * 9,67% $81,264 J anua~/-0.~ TOTALS (FY-02/03) $11,806,2oo $5,s40,00( 13.09% $754,=54 $0 I CURRENT PROJECTS - (FY - 01/02) (Oct 2001 - Oct 2002) totals/Average % $2,382,000 82% $2,382,000 $95,100 $0 0.00~ FY - 00/01 - (Oct 2000 - Oct 2001) (Chuta Vista's Current Overall DBE Goal (FY - 00/01) = I34% ~tiywide Overlay *"~ 143%/ $6,488,02: 04/24/01 $5,805,409 $858,000 $5,472,000 $5,743,84.; #2001-120 $I"18,440 $877,000 $000 $328,538 $328,53~ 82001- $0 7.7% / 08/07/01 Modifications at 12 Locations $313,816 $24,16383 $270,003 $270,00." #2001-246 $0 -- OVERALL PARTICIPATION $6,996,305 $6,070,541 $7,086,562 $118,440 DBE Classifications For Chula Vista EXHIBIT "B" Category / NAIC$ Codo$ / Discriptions for Census / WCC Codes/DBE Classifications Construction 21232 / Sand & Gravel t2 Businesses in SD County C0625 - SAND & GRAVEL 1 DBE'sin SD County 8.33% 23411 / Highway & Street Construction 94 Businesses in SD County C0626 - GRANITE & MARBLE C0639 - ASPHALT C1522 - RESET, ADJUST ROADWAY ITEMS C1601 - CLEARING & GRUBBING C2201 - FINISHING ROADWAY C2401 - LIME TREATMENT 02501 - AGGREGATE SUBBASE 02602 - AGGREGATE BASE C2700 CEMENT TREATED BASE C3600 PENETRATION TREATMENT & PRIME C3701 SEAL COAT C3901 ASPHALT CONCRETE C3910 PAVING ASPHALT (ASPHALT CONCRE C3930 PAVEMENT REINFORCING FABRIC C3940 PLACE ASPHALT CONCRETE DIKE & IV C4040 CLEAN & SEAL PAVEMENT JOINTS - R C4201 GROOVE & GRIND PAVEMENT 27 DBE'sin SD County 28.72% 23412 / Bridge and Tunnel Construction 5 Businesses in SD County C1575 - REMOVE BRIDGE ITEM C1580 - MODIFY BRIDGE ITEM 4 DBE's in SD County 80,00% 23491 / Pipeline Construction 42 Businesses in SD County C1701 - DEVELOP WATER SUPPLY C6200 - ALTERNATIVE PIPE CULVERT C6301 - CAST-IN-PLACE CONCRETE PIPE C6401 - ASBESTOS-CEMENT PIPE C6500 - REINFORCED CONCRETE PIPE C6552 - JACKED REINFORCED CONCRETE PIP C6650 - CORRUGATED METAL PiPE (CSP) C6680 - JACKED CORRUGATED STEEL PIPE) C6700 - STRUCTURAL STEEL PLATE PIPE, AR C6800 - SUBSURFACE DRAIN C6900 - DOWNDRAIN C7000 - PLASTIC PIPE C7006 - CORRUGATED STEEL PIPE INLET & RI C7026 - CORRUGATED STEEL PIPE ENERGY D C7035 - WELDED STEEL PIPE C7112 - REINFORCED CONCRETE SEWER PIP C9872 - SEWER CONNECTION 27 DBE's in SD County 64.29% Wednesday, August 07, 2002 EXHIBIT B Page I of 5 DBE Classifications For Chula Vista EXHIBIT "B" Category / NAIC$ Codes / Di$¢riptions for Consus / }FCC Codes/DBE Classifications 23499 /Ail other Construction 104 Businesses in SD County C2065 - IRRIGATION SYSTEM C6811 - EDGE DRAIN C6815 - HORIZONTAL DRAIN C6819 - FILTER FABRIC C7200 - ROCK SLOPE PROTECTION C7215 - CONCRETED-ROCK SLOPE PROTECTi C9828 - CRANE WORK 17 DBE's in SD County 16.35% 23521 /Painting, Traffic Marking 44? Businesses in SDCounty C0685 - PAVEMENT MARKERS C8405 - THERMOPLASTIC TRAFFIC STRIPE & C8406 - PAINTED TRAFFIC STRIPE & MARKING C8501 - PAVEMENT MARKING 4 DBE's in SD County 0.96% 23593 / Grading 116 Businesses in SD County C1901 - ROADWAY EXCAVATION C1910 - GRADING C1920 - STRUCTURE EXCAVATION C1925 - SHAPED BEDDING C1930 - STRUCTURE BACKFILL C1940 - DITCHES EXCAVATION C1970 - EMBANKMENT CONSTRUCTION C1980 - IMPORTED BORROW 25 DBE's in SD County 21,55% 23599 /Special Trade Contractor 352 Businesses in SD County C0680 - FENCING C8000 - FENCING 7 DBE's in SD County 1.99% 32612 / Pipes ~ Businesses in SD County C0670 - PIPE 6 DBE's in SD County 54.55% 32731 / Concrete and Cement 46 Businesses in SD County Co651 - CONCRETE & CEMENT 2 DBE's in SD County 4.35% 444~9 ~Buiiding Matr Dealers 237 Businesses in SD County C0698 - BUILDING MATERIAL C0699 - TOOLS 3 DBE's in SD County 1.27% 48411 /Trucking ~t8 Businesses in SD County C9602 - BOTTOM DUMP TRUCKING C9605 - FLAT BED TRUCKING C9632 - HAZARDOUS WASTE TRUCKING C9774 - TRUCKER 13 DBE's in SD County 11.02% Wednesday,/lugust 07, 2002 EXHIBIT B Page 2 of 5 DBE Classifications For Chula Vista EXHIBIT "B" Category / NAIC$ Codes / Discriptions for Census / WCC Codes/DBE Classifications 53139 / Real Estate Services 268 Businesses in SD County C8750 - REAL ESTATE 3 DBE's in SD County 1.12% 53212 /TruckRental 43 Businesses in SD County C9670 - TRUCK RENTAL C9771 - TRUCK BROKER C9907 - CONSTRUCTION EQUIPMENT RENTAL C9908 - HEAVY EQUIPMENT RENTAL 18 DBE's in SD County 41.86% 56173 / Landscaping 701 Businesses in SD County C0620 - LANDSCAPING & NURSERY C2000 - HIGHWAY PLANTING C2020 - SOIL AMENDMENTS C2021 - HYDROSEEDING C2030 - EROSION CONTROL 14 DBE's in SD County 2.00% Professional & Technical Services 54131 /Architectural 287 Businesses in SD County C8704 - ARCHITECTURAL C8716 - ARCHITECTURAL ENGINEER 16 DBE's in SD County 5,57% 54132 / Landscape Architect 100 Businesses in SD County C8744 - LANDSCAPE ARCHITECTS 7 DBE's in SD County 7,00% 54133 / Engineering 56o Businesses in SD County C8609 - TRAFFIC COUNT STATION C8610 - SPEED MONITORING STATION C8611 - RAMP METERING SYSTEM C8703 - TRAFFIC ENGINEER C8705 - DESIGN C8706 - DESIGN BRIDGES C8707 ~ FEASIBILITY STUDIES C8710 - ENGINEERING C8720 - CIVIL ENGINEERING C8721 - RIGHTOFWAY ENGINEER C8740 - ELECTRICAL ENGINEERS 73 DBE's in SD County 8.49% 54134 / Drafting 25 Businesses in SD County C8765 - DRAFTING 19 DBE's in SD County 76.00% t4~ednesday, August 07, 2002 EXHIBIT B Page 3 of 5 54/ DBE Classifications For Chula Vista EXHIBIT "B" Category / NAIC$ Codos / Discriptions for Consus / WCC Codes/DBE Classifications 54137 / Survey 51 Businesses in SD County C0700 - CONSTRUCTION STAKING C8101 - SURVEY OR HISTORICAL MONUMENT C8201 - OBJECT MARKER C8760 - SURVEYOR C9826 - LAND SURVEYING 8 DBE's in SD County 15.69% 54151 /Computer E+o3 Businesses in SD County C8702 - MANAGEMENT INFORMATION SYSTE C8711 - COMPUTER 19 DBE's in SD County 1.84% 54161 / Manage Consult 734 Businesses in SD County C8701 - BUSINESS ADMINISTRATION C8712 - PUBLIC RELATIONS C8770 - CONSTRUCTION MANAGEMENT 38 DBE's in SD County 5.18% 54162 / Environmental 79 Businesses in SD County C8722 - ENVIRONMENTAL ENGINEER 10 DBE's in SD County 12.66% 54169 / Profesional Consultant 205 Businesses in SD County C8700 - CONSULTANT 96 DBE's in SD County 46.83% Specialit~ Trades 23531 / Electrical Contruction 564 Businesses in SD County C1200 CONSTRUCTION AREA SIGNS C1201 TRAFFIC CONTROL SYSTEM C6602 SIGNAL & LIGHTING C8603 SIGNAL C8604 LIGHTING C8605 MESSAGE SIGNS, LIGHTING & SIGN IL C8608 DETECTOR 14 DBE's in SD County 2.48% 23541 / Masonary, Walls ~4~ Businesses in SD County C5135 - CONCRETE BLOCK & MASONRY RETA C5180 - SOUND WALL (MASONRY BLOCK - CO C9829 - RETAINER WALLS C9842 ~ MASONRY 14 DBE's in SD County 9.93% Wednesday, August 07, 2002 EXHIBIT B Page 4 of 5 DBE Classifications For Chula Vista EXHIBIT "B" Category / NAICS Codes l Discriptions for Census / WCC Codes / DBE Classiftcations 23571 /Concrete Contruction 254 Businesses in SD County C0683 - GUARD RAILINGS & BARRIERS C1531 - PLANE ASPHALT CONCRETE C2800 - CONCRETE BASE C4010 - PORTLAND CEMENT & CONCRETE PA C5100 - CONCRETE STRUCTURE C5105 - MINOR CONCRETE STRUCTURE C5110 - CONCRETE SURFACE FINISH C5136 - REINFORCED CONCRETE CRIB WALL C5301 - AIR-BLOWN MORTAR C7194 - JUNCTION CHAMBER C7218 - AIR-BLOWN MORTAR (SLOPE PAVING C7250 - SACKED CONCRETE C7301 - CONCRETE CURB & SIDEWALK - MISC 38 DBE's in SD County 14.96% 23591 /Structural steel 54 Businesses in SDCounty C0652 - REINFORCING BAR SECTION C0655 - STEEL C5201 - REINFORCING STEEL C5501 - STEEL STRUCTURES C5601 - SiGN STRUCTURE 16 DBE'sin SD County 29.63% 23594 / Demolition 14 Businesses in SD County C9980 - DEMOLITION 10 DBE's in SD County 71.43% 33512 / Lighting Fixtures 20 Businesses in SD County C0686 - ELECTRICAL & SIGNALS 5 DBE'sin SD County 25,00% Wednesday, August 07, 2002 EXHIBIT B Page 5 of $ V~ORI~. CODE,,~ I~OST FIRMS DOING BUSINESS EXHIBIT C z LY USSD oN IN SAN DIEGO COUNTY C.~IDT.,~ WSTA PROJECTS A AND T ELECTRIC ! AMERICAN CONCURRENT ENGINEERING 10 6426 SKYLINE DRIVE SERVICES SAN DIEGO CA 92114-0000 539 TELEGRAPH CANYON ROAD #144 PHONE 46191264-8344 FAX CHULAVISTA CA 91910- ABURTO MARINE & INDUSTRIAL SUPPLY 2 IN^IC$) 54134 C8765 DRAFTING {NAICS) 32612 C0670 PIPE-SUPPLIERS AMERI-MEXPLUMBING, INC. 11 1038 WOOD[AWN AVENUE ACCURATE ENGINEERING 3 CHULA VISTA CA 91911-1623 ACME SAFETY & SUPPLY CO, LLC 4 (NAICSl 23499 C2065 IP-~IGATION SYSTEM 5216 ANNA AVENUE APEX GEOTECHNOLOGY, INC 12 SANDIEGO CA 92110-0000 ACTION CLEANING CORP 5 E~^l(S) ~4]~3 C~72o CIVIL ENGINEEPJNG PHONE: (6191233-1881 FAX: (6191233-7431 ARCHITECTURAL SIGNS & GRAPHICS, INC. 13 ADVANCED MA TERIAL TECHNOLOGIES 6 (N^ics) 541~3 c87o5 DESIGN CONSULTANT 750 DESIGN COURT, STE 110 ARCHULETA CONCRETE CONSTRUCTION 14 CHULA VISTA CA 91911- COMPANY AGUIRRE & ASSOCIATES 7 (NAICS) 23571 C2800 CONCP~ETE BASE 8265 COMMERCIAL STREET. SUITE 1 ARMTECH 15 LA MESA CA 91944-4312 ALLIED GEOTECHNICAL ENGINEERS, INC 8 (NAICS) 5416. C8700 CONSULTANT {ALL TYPES) 8624 CUYAMACA STREET SUITE F ARTEFACT DESIGN 16 SANTEE Ch 920714215 - PHONE: (6191449-5900 FAX: 2130 NEWCASTLE AVENUE ALONSO CONSTRUCTION 9 ARTIST ASSOCIATION OF PUBLIC ART I? Wednesday, August 07 Page I of 16 DBE RESOURCE LIST CHULA VISTA PROJECTS BAY CiTY MARINE,/NC t8 C & W DIVING SERVICES/NC 26 1625 CLEVELAND AVENUE 1706 HOOVER AVENUE NATIONAL CITY CA 91950- NATIONAL CITY CA 91950- PHONE' 1619~477-3991 FAX: 1919~477-6696 PHONE: 16191474-2790 FAX: CONTACT: DAVIOLLOYD WCCWorkCodes: CONTACT: FREDERICKWWEST WCCWorkCodes: (NAIES) 54169 C8700 CONSULTANT(ALLTYPESI INAI('AI 23571 CSl00 CONCRETE STRUCTURE BERGGREN LAND SURVEYING & MAPPING lNG 19 (:<Alt:S) 2J5~'1 C$50] STEEL STRUCTURES PHONE t6581624-0034 FAX: f66m a24-0036 C I C RESEARCH, INC 27 BERT WSALAS, INC 20 (NAICS) 54151 C8711 COMPUTERCONSULTANT 10748 KIETH STREE C L ENTERPRISE 28 (~,AICS) 2)4")1 C6500 REENFORCED CON(REFE PIPE C M DISTRIBUTORS, INC 29 (NAK:S) 23411 C1601 CLEARING & GRUBBING C. JONES & COMPANY 30 BIZBEE'S WARRIORS 21 POWAY CA 92064- BLACKIPO 22 {NAiC$) 54169 C8700 CONSULTANT (ALL TYPES) 6125 IMPERIAL AVENUE CANTARINI TRACTOR 31 SAN D~EGO CA 92114- BLUEFEATHERMANAGEMENT 23 ¢,^i¢s/ 23,v)~ c7215 CONCRETED-ROCK SLOPE PROTECTION BURNS AND SONS TRUCKING, INC 24 (NAICS) 23411 C2602 AGGREGATE BASE C & L CONSTRUCTION, INC 25 (NA[('S) 53212 C9771 TRUCKBROKER ALPINE CA 91901~000 CASE CONSULTING 32 Wednesday, August 07 Page 2 of 16 DBE RESOURCE LIST CHULA VISTA PROJECTS CATS EXCAVATING, INC 33 CONTRERAS CONSTRUCTION CO. 42 505 S. 45TH STREET 44-917 GOLF CENTER PKWY, STE 10 SAN DIEGO CA 02113-0000 INDIC CA 92201- PHONE: I6191 26~-4125 FAX: PHONE: 1760t 34743970 FAX: (7601 347-5591 CONTACT: STEPNENGROVES WCCWorkCodes: CONTACT: ENRIQUECONTRERAS WCCWorkCodes: (NAICS) 2341I C1601 Ct.EARING & GRUBBING (NAICS) 23593 C1980 IMPORTED BORROW (NAICSI 23593 C]910 GRADING (NAI(S) 23593 CI925 SHAPED BEDDING (NAiCS) 23593 C1920 STRUCTURE EXCAVATION (NAICS3 23571 C7301 CONCRETE CLrRB & SIDEWALK- MISC (NAICSi 2~503 CI930 STRUCTURE BACKFILL (NAICSI 23491 C6900 DOWNDRAIN {NAICS) 23593 CI970 EMBANKMENT CONSTRUCTION (NA]CS} 23401 C6500 REINFORCEDCONCRETEPIPE (NAICS) 23593 C1980 IMPORTED BORROW (NAICSI 23411 C3910 PAVING ASP~T(ASPHALT CONCRETE) (NAICS) 23411 C3901 ASPHALTCONCRETE (NAICgl 23593 C1901 ROADWAY EXCAVATION (NAICS) 23411 C3910 PAVING ASPHALT (ASPHALT CONCRETE) (NAICS) 235O3 CI930 STRUCTURE BACKFILL CECILIA'S SAFETY SERVICE, INC. 34 (N^ICS} 23593 C1920 STRUCTURE EXCAVATION CONTACT: CECILIAKATHLEEN wCCWorkCodes: CONTRERAS TRACTOR RENTAL 43 CHANGING PLACES 35 CONTACT: GERALD A CONTRERAS WCC Work Codes: COBOS CONSTRUCTION COMPANY & ASSOC, INC 36 CWA, INC. 44 COLLINS GROUP 37 (NAIf'S) 5413~ C8705 DESIGNCONSULTANT SANDIEGO CA 921014746 CYBERWIRE 45 COLLINS PLUMBING, INC 38 CONTACT: JOAQUIN CAMPOS WCC Work Codes: LAMESA CA 91942- D R VDESIGN 46 CONSOLIDA TED SERVICES ENGINEERS & 39 CONTACT: DEEPAK R. VORA WCC Work Codes: CONSTRUCTOR i'~^~(s) 54133 C8705 DESIGN CONSULTANT (N^ICS) $4169 CST00 CONSULTANT (ALL PYPES) DARSONODESIGNASSOClATES 47 CONSTRUCTION MA TERIALS & SERVICES, INC. 40 PHONE: 16193274-2650 FAX: 16191274o2651 CONSTRUCTION SPECIALTY 41 PO BOX 164 DECISION & INFORMATION SYSTEMS, INC. 48 PHONE: (7601647-6346 FAX: ~7601647-6616 SANDIEGO CA 92131-0000 HANSEN CONTACT: TIMOTHYLIANG WCC Work Codes: Wednesday, August 07 Page 3 of 16 DBE RESOURCE LIST CHULA VISTA PROJECTS DELTA CONSULTING ENGINEERS, INC. 49 E.V. CONSTRUCTORS, INC. 9672 VIA EXCELENCIA, SUITE 202 3904 GROTON STREET, SUITE 203 SANDIEGO CA 92126~3000 SANDIEGO CA 92110-???? DEMOLITION CONTRACTORS/NC. 50 (NAIC$) 23541 C5135 CONCRETE BLOCK & MASONRY RETAININ DODSON AND ASSOCIATES 51 (NAICSi 2359{ C]910 D-S-P, DESKTOP SOLUTIONS PLUS 52 /:~^msl 234H c1601 CLE^mNG & DURAN ENTERPRISES INC. 53 ~^~('s) 2~9~ c~90] ROA])W^¥ ~.XC^VATrON 20160 SHOSHONEE RD APPLE VALLEY CA 92307- ERB ENGINEERING, INC. 58 DYE SURVEYING, INC. 54 {NAICSI 54137 c9826 LAND SURVEYING DYNAMIC CONSULTING SERVICES 55 (NAICS) 5411/, C8700 CONSULTANT (ALL T~PES) 3517 CAMINO DEL RIO SOUTH SUITE 410 SAN DIEGO CA ~21084030 EREMICO 59 E REIDER ENTERPRISES 56 ERGONOMIC EVALUATION & TRAINING 60 CONTACT: EVEREIDER WCCWork Cod~$: PHONE: (8581481-2535 FAX: ~8581481-2532 CONTACT: MICNELLEEISENBERG WCC Work Co~e~: EROSION CONTROL SPECIALISTS ESKINDER BERHANU & ASSOCIATES 62 Wednesday, August 07 Page 4 of 16 DBE RESOURCE LIST CHULA VISTA PROJECTS ESTRADA & EDAW PARTNERSHIP 63 GARY ENGINEERING, INC. 69 755 BROADWAY CIRCLE SUITE 300 4901 MORENA BOULEVARD SUITE 304 SAN DIEGO CA 92101-6161 SAN DIEGO CA 92117- (N^ICS) 54161 C8712 PUBLIC I~ELATION$ GEO INFORMATION SYSTEMS 70 ESTRADA LAND PLANNING, INC. 64 VISTA CA 92083-7803 ESTRADAS CONTRACTING SERVICES 65 GEORGE AL VARADO TRUCKING 71 G S VALLEY GRADING, INC 66 (NAILS) 53212 C9771 TRUCK BROKER PHONE: 17601945-5737 FAX: (7601945-5736 GERALDO R IGLESIA PHD 72 i~^lCS) 2349J c9~72 SEWER COnNECTiON GIM GENERAL ENGINEERING CONTRACTOR 73 G W WAGNER PLUMBING 67 GLOBAL ENVIRONMENTAL CONSUL TING 74 1110 SECOND AVENUE COMPANY, INC. SAN DIEGO CA 92127- (NAILS) 23491 C9872 SEWER CONNECTION CONTACT: JENNIFERL, KRAUS WCC Work Codes: GARBINI&GARBINILANDSCAPEARCHITECTURE 68 (N^[CS) 5416~ C8700 CONSULTANT (ALL TYPES) Wednesday, August 07 Page $ of 16 DBE RESOURCE LIST CHULA VISTA PROJECTS GONZALEZ. WHITE CONSUL TING SERVICES 75 NAR CONSTRUCTION INC 82 4881 MT BIGELOW DR 100 WEST 35TH STREET STE "P" SANDIEGO CA 92111-2525 NATIONAL CITY ~:A ~1950- CONTACT: TERESA GONZALEZ- WCCWorkCodes: CONTACT: HECTORMROMERO WCCWorkCodes: (NAiCg) 54151 C8702 MANAGEMENT INFORMATION SYSTEM S HERITAGE RESOURCES 83 GRAND ELECTRIC SUPPLY, lNG. '/6 P 0 BOX a/MAILING GRANITE DEVELOPMENT COMPANY ?7 HERNANDEZ TRUCKING 84 GRA Y SYSTEMS, INC. 78 HOOPER LAND COMPANY 85 CONTACT: MICHELLE G, GRAY WCC Work Codes: CONTACT: DANIELLE R. HOOPER WCC Work Codes: GUILLORY TRUCKING 79 {NAt{S) 54133 C8721 RIGHT OF WAY ENGINEER HESPERIA GA 92345- HUDSON SAFE-T-LITE RENTALS 86 CONTACT: LORI GUILLORY WCCWork Cod0$: SAN DIEGO CA 92154- (N^ICS~ 5~212 C9771 TRUCKBROKER CONTACT: GEORGINAEICNHORST WCC Work Codes: GUTIERREZ CONSTRUCTION COMPANY 80 (NA](S) 5321z C9907 CONSTRUCT[ON EQULPMBNT RENTAL 16629 YUCCA STREET HUMAN SYSTEMS DEVELOPMENT 87 HESPERIA CA 92345- (NAI('$} 2354~ C5135 CONCRETE BLOCK & MASONRY RETAININ HUNTER PACIFIC GROUP 88 (NAICS/ 2~411 C3701 SEAl. COAT 614 FIFTH AVENUE, SUITE K SAN DIEGO CA 92101-0000 (N^I£:S) 23411 ('2401 LIME TREATMENT HURRICANE & POWAY FENCE COMPANY 89 ~N*ICS) 233~13 C1920 STRUCTURE EXCAVATION CONTACT: LAURANNE M, VOLK WCC Work Codes: (NAI('S) 2 5,,~ C1910 ORADING (N^ICS) 23500 C8000 FENCING (NAICS) 23411 El601 CLEAPdNG & GRUBBING HVACENGINEERING, INC. 90 SAN DIEGO CA 92123- HABITATWEST 81 PHONE: (8581569-6591 FAX: (8581589-7051 938 S ANDREASEN, STE "g' CONTACT: LINDA LOU ALEXANDER WCC Work Codes: ESCONOIDO CA 92029-1920 CONTACT: GIGI HURST-WALLACE WCC Work Code~: HYDROSPROUT, INC. LAWN & SLOPE SEEDING 91 ESCONDIDO CA 92029- CONTACT: SUZANNEBRENDIS WCC Work Codes: Wednesday, August 07 Page 6 of 16 DBE RESOURCE LIST CHULA VISTA PROJECTS I E PACIFIC, INC 92 ISAACSON PLANNING 9g 1663 PADIFID RIM COURT 5639 MADRA AVENUE SAN DIEGO CA 92154- SAN DIEGO CA 00000q3000 PHONE: t6191671-5870 FAX: 1619/671-5878 PHONE: 16191582-3117 FAX: 1619~582-3117 CONTACT: DIANEKOESTER-OION WCCWorkCodes: CONTACT: JOANISAACSON WCCWorkCode~: (N&ICS) 54161 C8770 CONSTRUCTION MANAGEMENT (NAI('S} 54161 C8712 PUBLIC RELATIONS (NAICS) 23491 C9872 SEWER CONNECTION J d DAVIS & ASSOCIATES 99 (N&ICSI 2~571 C7301 CONCRETE CURB & SIDEWALK - MISC d R CONSTRUCTIONs [NC 100 IMPERIAL IRRIGATION SUPPLY, INC. 93 5555 MAGNATRON BLVD SUITE D 630 ENTERPRISE STREET SANDIEGO ~A 92111- INFRASTRUCTURE ENGINEERING CORPORATION 94 (N^~c s~ 2.~571 c5136 REINFORCED CONCRETE CRIB WALL SAN DIEGO CA 92128- J R PINA ASPHALTPAVlNG 101 IN-LINE FENCE & RAILING CO., INC 95 CONTACT: JOHN R. PINA WCC Work Codes: CONTACT: DAVIDORTIZ WCCWorkCodes: J. F. TEJEDA COMPANY 102 INTERWESTPACIFIC, LTD. 96 (NAICS) 23all C2700 CEMENTTREATEDBASE (NAICSI 23593 CI925 SHAPED BEDDING J.W. CONSTRUCTION CO. 103 IR2 - INTERIOR RESOURCE, INC 97 JARKON INDUSTRIES 104 Wednesday, August 07 Page 7 of 16 DBE RESOURCE LIST CHULA VISTA PROJECTS JBG ENVIRONMENTAL CONSULTING ]05 K2 ENGINEERING INC ] ]4 4875 SANTA CRUZ AVENUE 12595 RAGWgED STREET SAN DIEGO CA 92107- SAN DIEGO CA 92129- JCl SERVICES, INC 106 (NAI(S) 54133 C8710 ENGINEERING CONSULTANT 1720 B THOMAS STREET KANRAD ENGINEERING INC 115 SAN DIEGO CA 92109- 9750 MIRARAR ROAD SUITE 180 (NAI£$) 54133 C8705 DESIGN CONSULTANT KELLY QUINN POPEJOY, AICP 116 JLC CONSULTANT SERVICES 107 CONT,~CT: KELLYQUINNPOPEJOY WCC Work Codes: JNE & ASSOCIATES 108 (N^RS) 32731 C0651 CONCRETE & CEMENT- SUPPLIERS coNr,~cr: JSA~ NICHOLS WCC Work Codes: KOAM ENGINEERING SYSTEMS INC 118 JOHN'S EQUIPMENT RENTAL 109 PHONE: 18581272-1219 FAX: 1858~ 272-8393 (N.~.lCgJ 5~212 C977t TRUCK BROKER KTU + A LANDSCAPE ARCHITECTS & PLANNERS 119 3916 NORMAL STREET JOSE CARLOS ROMERO, CIVIL ENGINEER AND 110 SANDIEGO CA 92103~ INAiCSI 54133 C8710 ENGINEERING CONSULTANT KYLE CONSULTING 120 JOSEE. PEREIRA PLUMBING & FIRE SPRINKLER 111 ('q^ms) 541(,!1 CSTOO CONSULTANT (ALL ']P/PES) 4451 PAOLA WAY L C PAVING & SEALING 121 JOSEPH WONG DESIGN ASSOCIATES, INC. 112 (NAICS) 23411 C3910 PAVING ASPHALT (ASPHALT CONCRETE) PHONE: (619~ 233-6777 FAX: 16191237-0541 L K S & ASSOCIATES 122 K, DUNCAN ENTERPRISES, lNG. 113 PHONE: 1858~530-9988 FAX: 18581530-9922 Wednesday, August 07 Page 8 of 16 DBE RESOURCE LIST CHULA VISTA PROJECTS LABORATORYDATA CONSULTANTS, INC. 123 MACDOC CONSULTANTS ]29 7750 EL CAMINO REAL, STE. 2C P.O. BOX 880476 CARLSBAD CA 92009- SAN DIEGO CA 92168-0476 PHONE: (7601634qj437 FAX: (7601634-1674 PHONE: /858~ 547-8958 FAX: (858~ 635-2193 CONTACT: RICHARDM. AMANO WCCWorkCodes: CONTACT: WILMADOCKETT- WCCWorkCodes: (NAICS) 54109 C8700 CONSULTANT(ALLTYPES) MCL£OD LIBBY ENGINEERS, INC 124 [NAICS} 54169 C8700 CONSULTANT(ALLTYPES} 4452GLACIERAVE MANUEL ONCINA ARCHITECT, INC 130 SANDIEGO CA 92120-3381 5711LAJOLLABLVD . PHONE 1619/280-3907 FAX: I6191284-3533 LAJOLLA CA 92037-7302 CONTACT: JEAN M LIBBY WCC Work Codes: PHONE: 18581459-1221 FAX: t8581459-1214 (NAICSI 54]33 C8710 ENGINEERiNG CONSULTANT CONTACT: NORMAONCINA WCC Work Codes: (NAICS) 541M C8716 ARCHITECTURALENGINEER INAlCS) 54t31 C8704 ARCHITECTURAECONSULTANT (NAI£S) 54133 C8706 DESIGN BRiDGES (NAICS) 54[33 C8705 DESIGN CONSULTANT (NAICS} 54169 C8700 CONSULTANT(ALLTYPES) (NAICS) 54134 C8765 DRAWLING (N^ICSI 541~ C8705 DESIGN CONSULTANT MARIE BURKE LIA, ATTORNEYATLAW 131 LINTVEDT, MCCOLL & ASSOCIATES 125 427 "C" STREET. SUITE ~416 3737 CAMINO DEL RIO SOUTH SUITE 200 SAN DIEGO CA 92101- SAN DIEGO CA ~2108-4098 PHONE: 1619/ 235-9766 FAX: 16191235~418 PHONE: ~191288-318D FAX: (819128(3-1515 CONTACT: MARIE BURKE LIA WCCWorkCodes: CONTACT: PATRIClA M. MCCOLL WCC Work Codes: (NAI($) 54169 C8700 CONSULTANT {ALLTYPES) (NAICS) 541~o C8700 CONSULTANT (ALL TYPES) MARTINEZ + CUTRI CORPORATION ARCHITECTS 132 LOPEZ ENGINEERING 126 MARTINEZ SUPPLY INC. 133 (NAICS) 54133 C8707 FEASIBILITY STUDIES MC LEOD TRUCKING 134 LORI R. LOVETT, GENERAL ENGINEERING 127 PHONE: I6191442-9328 FAX: 161914424928 CONTRACTI CONTACT: RUTHA, MCLEOD WCC Work Codes: CONTACT: LORIR. LOVETT WCC Work Codes: MEDIATONGUE 135 iN,re's) 2~4~, c370t SE^L CO^T MEDLIN&ASSOCIATES 136 (NAICS) 23593 C1930 STRUCTURE BACKFILL M R B g ASSOCIATES 128 Wednesday, August 07 Page 9 of 16 DBE RESOURCE LIST CHULA VISTA PROJECTS METROPOLITAN CONSTRUCTION 137 MONICA CONSTRUCTION COMPANY 143 PO BO×477 PO Boxg001 BONITA CA 919084~000 LEMON GROVE CA 91946-9001 PHONE: ~193475-5951 FAX: (9191475-1607 PHONE: 16193 527"4818 FAX: 16191527"4857 CONTACT: MAYLINGORTIZ WCCWorkCodes: CGNTACT: LEOPEREZ WCCWorkCodes: (NAI(S) 214'}I C6800 SUBSURFACE DRAIN (NAICS} 23571 C7301 CONCRETE CURB & SIDEWALK- MISC ( NAICS} 23491 C9872 SEWER CONNECTION MORAES/PHAM&ASSOCIATES 144 (NAICS) 2!571 C7194 JUNCTION CHAMBER 5235 AVENIDA ENCINAS SUITE #G IN'BCSI 23593 CI901 ROADWAY EXCAVATION MORENO AERIAL PHOTO SURVEYS 145 11542 AVENIDA MARCELLA MICHAEL BAKER ELECTRIC 138 EL CAJON CA 92019-4806 CONTACT; MICHAELBAKER WCCWorkC0des: NATIONAL CITY TROPHY 146 MICHAEL-ALLENASSOCIATES 139 NATIONAL CITY CA 91950- CONTACT: GRACE COX WCC Work Code~: NOLBERTO DOMINGUEZ TRUCKING 147 MICHELE MC LAIN, AIA 140 PHONE: (7601344-1817 FAX: (NAI('Sl 54131 C$704 ARCHrI'ECTURA L CONSUI.TAN'r NORTHSTATESIGNS 148 MIS gOPEZ ENTERPRISE 141 PHONE: (760~ 728-4587 FAX: (7601723"4696 CONTACT: JOSEFINALOPEZ WCCWorkCodes: NOVA ELECTRIC, INC. 149 MdC CONSTRUCTION 142 (NAI('S) 23531 C8604 LIGItTING 1234 NOI~,N AVENUE OAKCREST LANDSCAPE CO 150 CHULA VISTA CA 91911 PHONE: (6191 427-2570 FAX: 6161 EL CAJON BLVD. # 482 SANDIEGO CA 92115- (N^]tS) 23541 C5135 CONCRETE BLOCK & MASONRY RETAININ (N^ICS} 2~499 C2065 IRRIGATION SYSTEM (N~.iCS) z~593 CI980 IMPORTED BOtmOW OLSEN STEEL, INC. (N,\i( S} 2t411 C3910 PAVING ASPHALT (ASPHALT CONCR RTE} ONSITEENGINEERING 152 Wednesday, August 07 Page 10 of 16 DBE RESOURCE LIST CHULA VISTA PROJECTS OROPEZA CONSTRUCTION 153 PA¥CO SPECIALTIES, INCORPORATED ]58 3948 ALTA LOMA DRIVE 120 NORTH SECOND AVE BONITA CA 91902- CHULAVlSTA CA 91910- PHONE (619~470-8033 FAX: ~19~470-2953 PHONE: ~6193422-9204 FAX: (6193427-162D CONTACT: SERGIO C. OROPEZA WCCWorkCodes: CONTACT: REBECCA LLEWELL YN WCCWorkCodes: (NMCS) 2~411 C3901 ASPHALT CONCRETE INAICS) 23521 C8405 THERMOPLAST(CTRAFFICSTRIPE&MAI~K {NAI(S) 56173 C2000 HiGI-I'~AY PLANTING (NAICS) 23521 C8406 PAINTED TRAFFIC STRIPE & MARKING (NAICS) 23411 C3940 PLACE ASPHALT CONCRETE DIKE & MISC (NAICS) 23521 C8501 PAVEMENT MARKING (N~,iCSI 2~411 C3910 PAVING ASPHALI (ASPHALT CONCRETE) (NAIC~q) 23531 C1201 TRAFFIC CONTROL SYSTEM (NA/CSI 23411 C3701 SEALCOAT (NAiCS) 23591 C5601 S[GNSTRUCTURE (NAICS] 23571 C2800 CONCRETE BASE (NAICS) 54137 Cg20l OBJECT MARKER (NAIESJ 2~4II C2700 CEMENT TREATED BASE PEPPERTRUOKINGINC 159 (NAICSI 23499 C2065 IRRIGATION SYSTEM P.O. BOX637 (NAICS) 23491 C1701 DEVELOP WATERSUPPLY PERSONAL COMPUTER SPECIALIST 160 PACIFIC ELECTRONICS 154 PLATT/WHITELAW ARCHITECTS, INC 161 (NAICS) 23531 C8602 SIGNAL & LIGBT[NG PORTILLO CONCRETE 162 PACIFICA CONTRACTING, INC. 155 CONTACT: MARIOPORrtLLO WCCWorkC,~: (NAIl:S) 53212 C9907 CONSTRUCTION EQUIPMENT RENTAL PRECISE CONSTRUCTION MANAGEMENT 163 PARAS & ASSOCIATES 156 PROCUREMENT CONCEPTS, INC. 164 (NAICS) 54161 C8770 CONSTRUCTION MANAGEMENT PROFESSIONAL CONSULTING GROUP 165 PARTERRE 157 O & S ENGINEERING 166 Wednesday, August 07 Page 11 of 16 DBE RESOURCE LIST CHULA VISTA PROJECTS R B K A ! 67 RODRIGUEZ PARK ]75 4909 MURPHY CANYON ROAD, SUITE 220 7578 TRADE STREET, SUITE A SAN DIEGO CA 92123-0000 SAN DIEGO CA 9212%2478 PHONE: I8581496-0500 FAX: 18581496-0505 PHONE' f6191530-0335 FAX: CONTACT: RICHARDBRADY WCCWorkCodes: CONTACT: ROBERTRODRIGUEZ WCCWorkCode~: (NAICS) 54162 C8722 ENVIRONMENTAL ENGINEER (NAICg) 54133 C8707 FEASIBILITY STUDIES (NAtCSI 54133 C8710 ENGINEERING CONSULTANT ROESLING NAKAMURA ARCHITECTS, INC 176 R D H BACKHOE 168 363 FIFTH AVENUE. SUITE #202 (N.MCS) 23s~3 C1920 STRUCTURE EXCAVArlON ROGERS CONSULTING GROUP 177 R KING MANAGEMENT SUPPORT SERVICES 169 PHONE: 1619~ 274-1679 FAX: (6193 274-4619 CONTACT: F~OSS ti. KING WCC Work Codes: ROMERO GENERAL CONSTRUCTION CORP. !78 RANDALL 'S BACKHOE !?0 CONTACT: KEITH M. REILL YLL WCC Work cg~Je~: RAUL MENDOZA CONSTRUCTION, INC. 171 ('qAl(S) 23593 C1970 EMBANKMENTCONSTRUCT]ON PHONE: 1619~ 390-9964 FAX: 10191390-5632 RUBIO'S CONCRETE CONSTRUCTION 179 RB NS, INC. !72 PHONE: (619~ 424-9960 FAX: 16191423-1590 CONTACT: E. BELINDA FONTES WCC Work Codes: S C VALLEY ENGINEERING INC ]80 RICHARD BRADY & ASSOCIATES 173 EL CAJON CA 92021- ROBERTZALDIVARMASONARY 174 I 'qA[CS I 23491 C6650 CORRUGATED METAL PIPE (CSP) PHONE: /7601 788-7581 FAX: 17601788-7581 SAFDIE RABINES ARCHITECTS 181 (NAIC$i 54H4 C8765 DKAFTING Wednesday, August 07 Page 12 of 16 DBE RESOURCE LIST CHULA VISTA PROJECTS SAN DIEGO BAY AREA ELECTRIC, INC ]82 SIMON WONG ENGINEERING 189 13100 KIRKAM WAY, SUITE 201 9969 HIBERT STREET, SUITE #202 POWAY CA 92064-7128 SAN DIEGO CA 92131- SAPPER CONSTRUCTION COMPANY 183 (~^lcs) 54133 c87o5 DESIGN CONSLrLTANT SPRING VALLEY CA 91979-1069 SMITH TRUCKING COMPANY ]90 (NAICSI 23571 C7301 CONCRETECURB&SIDEWALK-MISC SOTA ENVIRONMENTAL TECHNOLOGY, INC. 191 SCHEIDEL-CONTRACTING AND ENGINEERING, INC 184 19895 W, BERNARDO DRIVE SUITE 212 INA CSI 2!99~ C7215 CONCR~q ED-ROCK SLOPE V}~OTECT(ON $OUTt"I COUNTY CONSTRUCTION 19;! SCIENTIFIC RESOURCES ASSOCIATED 185 (NAICS) 23593 CI910 G RAD]TNG (NAICS} 5416r~ C8700 CONSULTANT(ALLTYPES) SOUTHEAYEDC, INC. 193 SEXUAL HARASSMENT AWARENESS AND 186 BONITA CA 91902- PREVENTION PHONE: (6191267-6881 FAX: f619~ 267-6850 PHONP f619~ 8D4-9275 FAX- ms~l 3~4~o49 SOUTHLAND GEOTECHNICAL CONSULTANTS 194 SHIRLEY HOCKING ENTERPRISE 187 PHONE: (61gl442-6022 FAX: (6191442-7859 (NA]£'S) 54[33 C8705 DESIGN CONSULTANT STAR PAVING CORPORATION 195 SIM ENGINEERING INC. 188 2385-A CACTUS ROAD Wednesday, August 07 Page 13 of 16 DEE RESOURCE LIST CHULA VISTA PROJECTS STA TEWlDE STRIPES, INC 196 TESHIMA DESIGN GROUP 20] P. O. BOX 900287 9903 BUSINESS PARK AVENUE SUITE C SAN DIEGO CA 92190- SAN DIEGO CA 92131- CONTACT: DAVIDERILHANTE WCCWorkCode$: CONTACT: SUSANJOURDAN WCCWorkCodes: /NXlCSi 21521 C8501 PAVEMENT M^RKING TESTING SERVICES & INSPECTION, INC 204 STEPHENS TRUCKING 197 3030 MAIN STREET 10554 PERRIS STREET SAN DIEGO CA 92113-3731 CONTACT: LANA L~ STEPHENS WCC Work Codes: DIAZ SUNSHINE DEVELOPMENT 198 E-/AICSI 54161 C$770 CONSTRUCTION M b2qAGEM EN'I 1493 BROGKMAN ROAD TEZA DESIGN 205 CONTACT: ARTHUR A, VALENCIA WCC Work Codes: PHONE: (6191 405-8890 FAX: I~^~csl 234H c]601 CLEARING & DRUBbiNG THE TRAINING ALTERNATIVE 206 (NAICSI 23411 C2700 CEMENT TREATED BASE SAN DIEGO SUPER MARIO PORTABLE WELDING 199 PHONE: 181~230-7922 FAX: 1835A SOUTH CENTRE CITY PKWY. #455 CONTACT: MONIOUE OE'dOVANEE WCC Work Codes: PHONE: 176OI 030-~084 FAX: ~7901439-0088 TIERRA ENVIRONMENTAL SERVICES, INC 207 9903-E BUSINESSPARK AVENUE /'~^l('s) 23~')~) C8000 FENCING CONTACT; MICHAEL BAKSH WCC Work Codes: iN,xl($1 2~.v*l C665o CORRUGATED METAl, PIPE (CSP) TRAINING SUPPORT NETWORK 208 (NAICS) 23591 C5501 STEEL STRUCTURES P. O. BOX 207/MAILING SUPER WELDING OF SOUTHERN CALIFORNIA, 200 CONTACT: LUISA DEAL WCC Work Codes: INC. (NAICSl 54169 C8700 CONSULTANT (ALL TYPES) 1702 NATIONAL AVENUE TRAN CONSUL TING ENGINEERS 209 SAN DIEGO CA 92113-1011 4540 KEARNY VILLA ROAD SUITE 221 SYNERGY ELECTRIC COMPANY INC. 201 INAI('$) 5413~ C8703 TRAFFIC ENGINEER SANTEE CA 92071- i~^lcsl 54~3~ C8707 FEASIBILITY STUDIES PHONE: /919/ 596-7688 FAX: /6191596-0384 TRANSCONTINENTAL ENTERPRISES 210 24038 NECTAR WAY TERRAVISION, M,C. 202 TRI-COUNTY DRILLING, INC 211 CONTACT: INSOO SHiN WCCWorkCodes: CONTACT: SHERYL PETERSON WCCWorkCod~s: Wednesday, August 07 Page 14 of 16 DBE RESOURCE LIST CHULA VISTA PROJECTS TRILOGY + 1 LANDSCAPING 2]2 WEST CONSULTANTS, INC 2]9 2035 ORIOLE STREET 11848 BERNARDO PLAZA COURT SUITE 140-B SAN DIEGO CA 92114- SAN DIEGO CA 92128-2418 PHONE 16191 266-2507 FAX: PHONE: (8581487-9378 FAX: 18583 487-9448 CONTACT: LARRYPRICE WCCWorkCodes: CONTACT: DAVIOTWILLIAMS WCCWorkCode~; (NAiCSI 56173 C2000 H1GHWAYPLANTING (NArcs) 54169 C8700 CONSULTANT(ALLTYPES) {NAiCS} 23491 C7000 PLAST1CPIPE (NAICS) 54133 C$705 DESIGN CONSULTANT (NAiCS} 235')9 C8000 FENCING {NAICS} 54~33 C8710 ENGINEERING CONSULTANT (N&ICSI 21499 C2065 IRRiGATION SYSTEM (NAICS) 54t51 C8711 COMPUTER CONSULTANT {NAICSI 23411 C1601 CLEAPdNG&GRUBBING (NAif:S) 54133 C8720 CIVIL ENGINEERING (NAICS) 56173 C2030 EROSION CONTROL (NAICS} 54162 C8722 ENVIRONMENTAL ENGINEER (NAICSI 5617~ C2020 SOILAMENDMENTS WESTDIVING SERVICES 220 TRUE CHAMPIONS CONSTRUCTION 213 801 MARGARITA AVENUE 4895SAVANNAH STREET CORONADO CA 92118- SANDIEGO CA 92110-0000 PHONE: 1619/474-3100 FAX: 16191474-3200 PHONE: 16191276-6999 FAX: (§19~276-8783 CONTACT: FREDERICKWWEST WCC Work Codes: {NAK?Sl 23571 C5100 CONCRETE STRUCTURE WESTERN STEEL & METALS, INC 221 UNIVERSAL STRUCTURES 214 (NAKSI 21491 C6700 STRUCTURAL STEEL PLATE PIPEt ARCH & P 1105 CAMINO DEL MAR, SUITE D WIGGANS & WlLLETT, INC. 122 {NAI(S} 54169 C8700 CONSULTANT {ALL TYPES) WlGGANS, JANE L. SR/WA 223 VALLEY FENCE COMPANY 215 3355 MISSION AVENUE, #222 (X, Al('S/ 23571 C0683 GUARDRAIIJNGS&BARRIERS SIJPPLIERS (NAICS) 53139 C8750 REALESTATE (N^IcS) 21s91 C5601 SION STRUCTURE WILEY CONSTRUCTION 224 VERA BERGER, PH.D.,P.E. 216 CONTACT: HARVESTERWILEY wCCWorkCodes: E';AICSI 54133 C8720 CIVIL ENGINEERING WORKHORSE CONSULTING 225 VICTOR GARCIA ENGINEERING 217 1600 STARLING CT DELGADO INA[CS) 54133 C8705 DESIGN CONSULTANT (N^IC$) 541~ C8710 ENGINEERINGCONSULTANT ZAGRODNIK& THOMAS ARCHITECTS 226 WELK TRUCKING, INC. 218 PHONE: (619~528-1199 FAX: (619~528-8181 Wednesday, August 07 Page 15 of 16 DBE RESOURCE LIST CHULA VISTA PROJECTS TOTAL NUMBER OF DBE's WITHIN ALL NAICS GROUPS= 226Firms ALL BUSINESSES WITHIN ALL NAICS GROUPS-- 6984Firms DBE's as a Percentage 3.2% of ALL Bussinesses = Wednesday, August 07 Page 16 of ]6 DBE RESOURCE LIST I EXHIBIT D CHULA VISTA PROJECT DBE FIRMS GROUPED BY NAICS CODE Sand & Gravel INTERWEST PACIFIC, LTD. 11 SOLANA BEACH WCC Work Cqd~: NAICS Code: 21232 1999 Census: ]2 Pecent DBE: l I 12 = 8.33% C394~J 'LA( ti ,\SPIIALT CONCRETE I)IKI: & MISC 13411 SIM ENGINEERING INC. I ('26o2 aGGB[ G,,\I E BASE 23411 Sum of DBE's in NAICS Cod 21232 = 1 c39[0 PA%'ING ASPBA['I (,\S?HAI'I CONCREIE) 23411 Sand & Gray91 c240~ LIM}! ]AEA/MEN'r Z3411 Highway & Street Construction I c2501AGGKEGATESUBBASE 23411 NAICSCode: 23411 1999Census: 94 ~ JRPINAASPHALTPAVING Pecent DBE: 271 94 = 28.72% SAN MARCOS WCC Wo~ C~es: BERT W SALAS, INC I ('3940 Pt ACE ASPHAI 'l CON('RI~FI DIKE & MISC SANTEE WCC Work C~es C1601 CI tARING & GRUBBINB 23411 J.F. TEJEDA COMPANY CANTARINI TRACTOR 2 EL CAJON WCC WoA C~es: CATS EXCAVATING, INC 3 c3701 SrAI (X)AI 23411 CONTRERAS CONSTRUCTION CO. 4 (393o PAVEMENT REINFOR~ rN(; F:~II{]( Z3411 (3,)~,) PA~ ~N(3 ,XSm~At 'r (~xspH,u ~ CON<~R>T~) 234u LCPAVlNG&SEALING 14 CONTRERAS TRACTOR RENTAL 5 SAN MARCOS WCC Work Codes: SAN DIEGO ~CC wo~ C~es: LORI R. LOVE~, GENERAL ENGINEERING ESTRADAS CONTRACTING SERVICES 7 i <~o~ ~A, <o,,,, G S VALLEY GRADING, INC ~ (1522 RI SET. ADJ[ STROADWAY I[EMS 23411 VISTA WCC Work Cod~s; MJC CONSTRUCTION 16 GIM GENERAL ENGINEERING CONTRACTOR ~ c'2~0~ ~om (~A~ St BB.,XS~ C3~lo PAXlN(i .XSI'IIALT(~SPIk~LT CON(~R[T[) [~411 OROPEZA CONSTRUCTION GUTIERREZ CONSTRUCTION COMPANY 10 c39(H ASPtlAI I CONClll [E 23411 ('3~)0~ ASmbx~ I co~cm'n 234n RANDALL'S BACKHOE Wednesday, August 07, 2002 Page I of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS ROMEROGENERALCONSTRUCTIONCORP. '~1 ]TRUECHAMPIONSCONSTRUCTION ESCONDIDO WCC Work Codes: SAN DIEGO WCC Work Cod~3: ,:3940 I'1 ,,\( I ASPll,\L2 ( ONCI~ET[i DIKk &'vllS/' 23411 Sum of DBE's in NNCS Cod 23412 = 4 ~',,>o~ ~,s[,H,x~ ~ co~,(:m ~ 234H Bridae and Tunnel Cons~ru~Uon ~,o: ~<,,~.~s, m. Pipeline Construction ('2401 I IMF ~RtAIMINI 23411 NAILS Code: 23491 1999 Census: 42 C36()0 }>tNET~'~TK)NTREA'~MgNT&['RiMI(:()A] 2~411 PecentDBE: 27142= 64.29% SAPPER CONSTRUCTION COMPANY ~ ACCURATE ENGINEERING SCHEIDEL-CONTRACTING AND ENGINEERING, INC z~4~21~ AMERI-M~ PLUMBING, INC. SIM ENGINEERING INC. c9~72 s~w; ~ CONN~(:~r~ON SOUTH COUN~ CONSTRUCTION ('~')0o DOWNDRAiX (1522 [{[ SFI. %I).r[Ts] ROM}W~Y HIMS ~3411 C & L CONSTRUCTION, INC STAR PAVING CORPORATION 24 CT0r)0 PtAS I1( PIPE C & W DIVING SERVICES INC SUNSHINE DEVELOPMENT COLLINS PLUMBING, INC C270~J ( I MI NI 'IRt ~1I D/~SI 23411 CONTRERAS CONSTRUCTION CO. TRILOGY + 1 LANDSCAPING 26 C( $~ o Ri{[NFOAC~D C()NC~T~ PIPE 234 DIEGO WCC Work Code~: E.V. CONSTRUCTORS, INC. TRUE CHAMPIONS CONSTRUCTION 27 (;~)o SUBS[ Ri;ACE DRAI~ z34v=l Sum of DBE's in NAILS Cod 23411 = 27 G S VALLEY GRADING, INC Hiehwav & Street Constrpction VISTA WCC Wo~ C~es: Bridge and Tunnel Construction (:67o,~ ST.~ ( ][ R~ST~[ ~.~m~p[~[~.h~(:~[~ ~]})EAR NAICSCode: 23412 19990ensus: 5 c:o2~, CORRUGAI~EOSIli~I?IPEENi~R(;Yi)iSSlp,~i-GR [3491 Pecent DBE: 4 / 5 = 80.00% (7,~ w~ ~ S~L }'][,~ OROPEZA CONSTRUCTION ~'(,5s2 ~,~(:K ) ~F, ~ ~o~ ~D ~'O~(:~'] ~ ] SCHEIDEL-CONTRACTING AND ENGINEERING, INC z (:~o00 m,~s~, ~,m~ z34~[ SOUTH COUN~ CONSTRUCTION 3 G W WAGNER PLUMBING Wednesday, August 07, 2002 Page 2 of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS GIM GENERAL ENGINEERING CONTRACTOR 11 I SUPER MARLO PORTABLE WELDING 23 ENCINITAS WCC Work Codes: I ESCOND DO WCC Work Codes: I E PACIFIC, lNG c6200 ALTEI{NATIVE PIPE CITL\,'ERT 23491 S,~J DIEGO WCC Work Codes: SUPER WELDING OF SOUTHERN CALIFORNIA, INC. 24 INTERWESTPACIFIC, LTD. c67oo STR[ C'] UP.&L S ] EEl. PLATE PIPE, AI~.CH & pipF AF. Z349! SOLANA BEACH WCC Work Codes: TRILOGY + 1 LANDSCAPING z5 LORI R. LOVETT, GENERAL ENGINEERING ('700d PL~S'U¢: P~PE CONTRACTI WEST DIVING SERVICES Z6 Co301 C^SI-I~-PI ACE (: O";CKI;:'I [ PIPE Z34~] WESTERN STEEL & METALS, INC BONTA wCC Work Codes: Sum of DBE's in NAICS Cod 23491 = 27 {'9~72 SI~,V[ R (~ONX, l (/lION 23491 Pi,',eline Construction (':,o~ ~.)~,.~l~,~ ~,.,~: ~349~ All other Construction c~o~, ~o~ ~;,xlll~ srlli~ ~,~l,~il~r(~ ~ssn',~ror z~4~ NAILS Code: 23499 1999 Census: 104 {';oo,, (:o~z~z~ ~:;.~r~ s~l vr~,l ~t u~ & r~s~ z349~ Pecent DBE: [71 104 = 16.35% ('(,~0d ,~ BS[ ~F^('r DR,',I:~ Z349] AMERI-MEX PLUMBING, INC. MIS LOPEZ ENTERPRISE 16 BERT W SALAS, INC OR--~'EZA~ 17 C L ENTERPRISE PA-~ICA~C. 1~ CANTARINI TRACTOR PRECISE CONSTRUCTION MANAGEMENT 19 ~'~:1 s CO~ B~!*H I)-~DC~ S~ OPF PROT~ ('IID~ Z34 SAN DIEGO WCC Work Codes: E.V. CONSTRUCTORS, INC. RAUL MENDOZA CONSTRUCTION, INC. 20 ('7}] s (:o',,( lq!H I)-RO( K slOPfi PROI'E("I iON 23499 S C VALLEY ENGINEERING INC 21 v STA WCC Work Codes: 1::~0o6 ( oF, ri (;AHil) Stl Iii i'm[ tnl.l~ & ,~lsl ]~ 2349~ GIM GENERAL ENGINEERING CONTRACTOR 7 SCHEIDEL-CONTRACTING AND ENGINEERING, INC zz I E PACIFIC, INC IMPERIAL IRRIGATION SUPPLY, INC. Wednesday, August 07, 2002 Page 3 of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS I LORI R. LOVETT, GENERAL ENGINEERING ,I I I ARCHITECTURAL SIGNS & GRAPHICS, INC. 3 I CONTRACTI SAN DIEGO WCC Work Ccdes: (z-qs ~ o~c:m* H l~ Itc( ~ si o~1 PROl~ ~ ~ ~o~ z~4~ CECILIA'S SAFE~ SERVICE, INC. OAKCREST LANDSCAPE CO lZ c~2m ~,xH:m co~ mol sYsr~ ~ zasa~ c:20~,s mm(i~] lo~ S~ST~M z~49~ COBOS CONSTRUCTION COMPANY & ASSOC, INC OROPEZA CONSTRUCTION 13 SAN D~EGO WCC Worn C~es: ( ~r)*is mm(i~x[]oN svs n ~ z34~ HUDSON SAFE-T-LITE RENTALS S C VALLEY ENGINEERING INC ]4 SAN DIEGO WCC Wo~ C~es: ~6~1] ~;O(J[': ORAJN ~349~ NORTH STATE SIGNS SCHEIDEL-CONTRACTING AND ENGINEERING, INC ~5 FALLBROOK WCC Work Codes: c~m0 ~ ~;~ 5~op~ m~o[~ C~O~ z34~ NOVA ELECTRIC, INC. SUNSHINE DEVELOPMENT 16 c~04 ~(;H[~ Z353~ EL CENTRO WCC Work Dories: OROPEZA CONSTRUCTION ~ TRILOGY + I LANDSCAPING 17 (~ ~0~ ~R~H'k: CO~ ~OL SYS D~M Z3~3]10 ~ 2o~,5 mm~,~T[( ~ s~s~ ~M z34~ PACIFIC ELECTRONICS Sum of DBE's in NAICS Cod 23499 = l? SAN DIEGO WCCWork Codes; All other Constructiqn c~,os ~E~SS~(ir SmXS. ~;~ H ~:; ,~ s~(;~ ~ ~ ~A UO Painting, Traffic Marking ~,2~0CGNSr~.C.O~,X~AS,<;~S NAICS Code: 23521 1999 Census: 417 CI2()1 T~F[C{ON[ROLSYSTEM Pecent DBE: 4/ 417 = 0.96% PACIFICA CONTRACTING, INC. ACME SAFE~ & SUPPLY CO, LLC I SAN DIEGO WGC Work C~es: ADVANCED MA TERIAL TECHNOLOGIES PA YCO SPECIAL TIES, INCORPORA TED (:ssm ~,,.~x ~:~:~ ~ M~m~(; z3sn SAN DIEGO BAYAREA ELECTRIC, INC PA YCO SPECIAL TIES, INCORPORA TED POWAY WCC Wo~ C~es: STA TEWIDE STRIPES, INC SYNERGY ELECTRIC COMPANY INC. Sum of DBE's in NAICS Cod 23521 = 4 Sum of DBE's in NAICS Cod 23531 = 14 Painfino. Traffic Mprking i Electrical Contruction Electrical Contraction Masona~, Walls NAICS Code: 23531 1999 Census: 564 Pecent DBE: 14/564 = 2.48% NAICS Code: 23541 1999 Census: 141 IA AND TELECTRIC Pecent DBE: 14/ 141 = 9.93% E.V. CONSTRUCTORS, INC. C8fi04 I ICH[lNG 23531 CSl80 SOt rXD W'M.L (MASONRY BL( )CK CON{ REI } 13541 ('8~O5 MI;SSA~;i SKINS, i,[GHI lNG & SI(iN I111 MINAII() 13531 GIM GENERAL ENGINEERING CONTRACTOR 2 ACME SAFETY & SUPPLY CO, LLC z ENCINITAS WCC Wo~ C~es: Wednesday, August 07, 2002 Page 4 of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS GUTIERREZ CONSTRUCTION COMPANY 3 ] C & L CONSTRUCTION, INC HESPER A WCC Work Codes: I ALP NE WCC Work Codes: C5180 SOUND WALL(MASONRY BLOCK CONCREIE~ 23541 C & W DIVING SERVICES INC HAR CONSTRUCTION INC 4 NATIONAL CI~ WCC Wo~ C~es: C9842n~ ~,~,~MASONRY 23~1 CONTRERAS CONSTRUCTION CO. I ~, INC INDIO WCC Wo~ C~es: c:9s~9 md.~]~t ]~ WALLS J R ~'siso sou~ W,M t, (~.,~SO~t~V m,oC~ - CO~Cm~ n ) J. W. CONSTRUCTION CO. SAN DIEGO WCC Wo~ C~es: ~c '~2~ ~} ~INC*X~ r x~ ~t ~,s z~s~ G S VALLEY GRADING, INC ~--~ ~' V STA WCC Work C~e~; MJC CONSTRUCTION 9 C7301 CONCRETE ('[RB & SID[ WAI.K - MISC ('s~35 CON( REII lgt OCK & M,XSONrY RI I,MNIN(; WAtJ. GIM GENERAL ENGINEERING CONTRACTOR PRECISE CONSTRUCTION MANAGEMENT ENCINITAS WCC Work C~es: (:~;~29 R~ ~Nt~ w~L~ s GUTIERREZ CONSTRUCTION COMPANY ROBERT ~LDIVAR MASONARY HESPERIA WCC Work C~es: (g82P("~8~2(55135:5180 REI&INIRWAti.sSO[:ND~ML(MASONRYBIO(K'(ON(RtTI~I(ONCR~I'[MSSONRY BIA)CK&MASONR~ RE~,MN~NGWA[.I SCHEIDEL-CONTRACTING AND ENGINEERING, INC LA MESA WCC Work C~es: I E PACIFIC, INC TRUE CHAMPIONS CONSTRUCTION (730] CONCRE rE CLRB & SIDEWALK - MISC SAN DIEGO ~CC Worn C~es: IN-LINE FENCE g RAILING CO., INC WILEY CONSTRUCTION SO~NA BEACH ~CC Work C~es: Masona~. Walls J R CONSTRUCTION, INC Concrete Contruction cs,~,~ CONCRI 'H s, ~UC rt R~ z3sTi NAICS Code: 23571 1999 Census: 254 PecentDBE: 381254 = 14.96% ('5~10 CON(R~HISIJRFACI[FINISH ARCHULETA CONCRETE CONSTRUCTION COMPANY 1 J.F. TEJEDA COMPANY ~soo c(;~cm~r~ i~.xsr z~sT~ J.W. CONSTRUCTION CO. BERT W SALAS, INC 2 Wednesday, August 07, 2002 Page 5 of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS LORI R. LOVETT, GENERAL ENGINEERING zo I VALLEY FENCE COMPANY CONTRA CTI I RIDGECREST WCC Work Codes~ ('] 5~ ] PI hN[ ASI'H~,) '1 CONURI D 2357! WEST DIVING SERVICES 37 METROPOLITAN CONSTRUCTION 21 <~1oo CON( Rt r~i SIRtCrURE Z3S7! BONITA WCC Work C~des: WILEY CONSTRUCTION 38 MIS LOPEZENTERPRISE zz Sum of DBE's in N~CS Cod 23571 = 38 SAN DIEGO WCC Work Cod~s: Concrete Contruction MJC CONSTRUCTION ~3 Structural steel NAICS Code: 23591 1999 Census: 54 MONICA CONSTRUCTION COMPANY z4 Pecent DBE: ~/54 = 29.63% LEMON GROVE WCC Work C~es: ACTION CLEANING CORP ~ OROPEZA CONSTRUCTION 2s c'~ ~ ~'n~ L STm CTU~S Z3~] BONITA WC~ ~o~ Codes: ARCHITECTURAL SIGNS & GRAPHICS, INC. 2 PACIFICA CONTRACTING, INC. ~ ~ C & W DIVING SERVICES INC 3 < sm, coN~ ~ r~ s~m ( r~:m Z3ST~ GIM GENERAL ENGINEERING CONTRACTOR 4 PORTILLO CONCRETE 27 ENCINITAS WCC Wo~ C~es: c~]oo ~o~cmm s~m:c~ m 2~s7] IEPACIFIC, INC 5 RUBIO'S CONCRETE CONSTRUCTION 28 (~0] s I~L sTmx:'T[. ~[~S z35~ IN-LINE FENCE & RAILING CO., INC ~ SAPPER CONSTRUCTION COMPANY 2~ MIS LOPEZ ENTERPRISE c5m5 ~o~ co~cm ~r snot c ~[ ~r~ z357~ NATIONAL CITYTROPHY SCHEIDEL-CONTRACTING AND ENGINEERING, INC 30 NATIONAL CI~ WCC Work C~e$: ( 7 ~5(~ SA(K[:I) CON( REII Z3571 OLSENSTEEL, INC, (~ ~ o~(:~ H s~:m:,~ ~ ~ t~m~ Z3ST~ PAYCOSPECIALTIES, INCORPORATED 10 SOUTH COUN~ CONSTRUCTION 3] C~<~ SlG~ S]'Rt ~ TLRF 235Pl O~NCHA WCC Work C~es: SUPER MARLO PORTABLE WELDING H STAR PA VING CORPORATION 32 ( s~ ] ST~L ST~( TU~S Z~S9~ z~s7~ SUPER WELDING OF SOUTHERN CALIFORNIA, INC. SUNSHINE DEVELOPMENT I c0~,52 RE~FOR~G B~ s~cno~* stJP~,r.~Er~s ~3s0~ SUPER WELDING OF SOUTHERN CALIFORNIA, INC. 34 TRANSCONTINENTAL ENTERPRISES ]3 TRUE CHAMPIONS CONSTRUCTION 35 C~5~}~ STEEl S[RIK'IUKES 2359] CMO0 CO~C RI II SJR{;CI[ Rt Z3571 VALLEY FENCE COMPANY 14 Wednesday, August 07, 2002 Page 6 of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS WEST DIVING SERVICES ]~ GRANITE DEVELOPMENT COMPANY 9 CORONADO WCC Work Codes: EL CAJUN WCC Work Codes: WESTERN STEEL & METALS, INC 16 GUTIERREZ CONSTRUCTION COMPANY lO Sum of DBE's in NAICS Cod 23591 = 16 c19o~ F.O&DWAY EXCAVATION 23595 Structural steel C1940 DITCIIES EXCAVATION 23593 ~Jramng ~0 ~(~ 23593 NAICS Code: 23593 1999 Census: 116 c:~925 SItAPEDBEDD1NG 23593 PecentDBE: 25/ 116 = 21.5S% tNrERWESrPaCtFIC, LTO. u BERt W SALAS, tNC 1 SO~NA BEACH WCC Work C~es: CANTARINI TRACTOR 2 J. F. TEJEDA COMPANY 12 C194D D]I('HES ~X< .XXAnON 23S~ LORI R. LOVE~, GENERAL ENGINEERING CA TS EXCA VA TING, INC ~ CONTRACTI CONTRERAS CONSTRUCTION CO. 4 C1970 EMB&NKMI[Nr CONS'IRI C'IION 23593 CIgl0 GRAI)ING 2359~ METROPOLITAN CONSTRUCTION 14 (:~97o ~ ~m-XNK~mM CO~S'~ m (' r~o~ z~s~: MJCCONSTRUCTION CONTRERAS TRACTOR RENTAL 5 CHU~ VISTA WCC Wo~ Codes; VISTA WCC Work Codes: E.V. CONSTRUCTORS, INC. 6 c]gm ~;~.-xm~c; 23593 (1925 SHAP} D 8Em)~{, Z3S9: NOVA ELECTRIC, INC. 16 C192O SI'RUL IURE I-XCAVAFION 23592 OROPE~ CONSTRUCTION 17 G S VALLEY GRADING, INC 7 c1920 S]RI CIt RI}iXCAVAI[ON 23593 C1930 SI'RU(; 1[ RE [3ACI<[;I[ l 23593 PACIFICA CONTRACTING, INC. 18 <:~9o~ ROAD~ A~ ~XCAVA r~ON 23593 RDHBACKHOE 19 GIM GENERAL ENGINEERING CONTRACTOR 8 (1901 ROADWAY I;;XCAVA F[ON 23593 Wednesday, August 07, 2002 Page 7 of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS RANDALL'S BACKHOE Z0 I Special Trade Contractor SAN DIEGO wCC Work Cedes: NAICS Code: 23599 1999 Census: 35? c~,~20 STm C ~ t ~ ~X(:,kV.~ rIoN z3s93 Pecent DBE: 7/352 = 1.99% (~94o pt Jcm~s ~ x< ,WAHO~ z3593 ACTION CLEANING CORP 1 ROMERO GENERAL CONSTRUCTION CORP. SAN DIEGO WCC Wo~ C~es: SIM(~9~0c~970::'~00] ENGINEERING ~o~H:]~ [ M~A~Mt ~ J ~O.~DW.~V t~OR]~OW ~::Xt'~V,~ HO~ INC. UO~SmL ~mo~ 2]593 23593 22 ~MONA HURRICANE & POWAY wccFENCE wo~ C~es: COMPANY IN-LINE FENCE & RAILING CO., INC C~970 t MI~AN~MFN [ ('ON%] RL('IION Z3593 SUPER MARIO PORTABLE WELDING SOUTH COUN~ CONSTRUCTION ~3 ESCONDIDO WCC Wo~ C~es: (19~O (;R,NDIX{} 23593 TRILOGY+ 1 LANDSCAPING STAR PAVING CORPORATION ~80o0 ~:~:~(; z~5~9 SAN DIEGO WCC Wo~ C~es: VALLEY FENCE COMPANY 6 SUNSHINE DEVELOPMENT ('o~,~o ~.t~{:~; s~:~[.t~s EL CENTRO WCC Wo~ C~es: WILEY CONSTRUCTION Sum of DBE's in NAICS Cod 23593 = 25 c~0o0 Grading Sum of DBE's in NAICS Cod 23599 = Soecial Trade Contractor Demolition~ NAICS Code: 23594 1999 Census: ]4 Pipes Pecent DBE: ]01 14 = 71.43% NAICS Code: 32612 1999 Census: ACTION CLEANING CORP Pecent DBE: 61 11 = 54.55% SAN DIEGO WCC Work C~es: ABURTO MARINE & INDUSTRIAL SUPPLY ALONSO CONSTRUCTION ( o67,~ ['m~- s~ :oPI [[~s SPRING VALLEY wgc Work Codes: C M DISTRIBUTORS, INC C & L CONSTRUCTION, INC (-~,7~ P~PE SI PI'LiERS 3Z612 ALPINE WCC Work Co~ IMPERIAL IRRIGATION SUPPLY, INC. CANTARINI TRACTOR ( ~}67o PIPE-S[:PPL]~RS FALLBROOK WCC Work C~es: JARKON INDUSTRIES DEMOLITION CONTRACTORS INC. 5 C067~ PIH S[PPt,IERS CHU~ VISTA WCC Work Codes: ~S LOPEZ ENTERPRISE G S VALLEY GRADING, lNG 6 c0670 P]~- S~;~'t'L~E~S SZ6]Z VISTA WCC Wo~ C~es: SUPER WELDING OF SOUTHERN CALIFORNIA, INC. GUTIERREZ CONSTRUCTION COMPANY o)67~ P~- st HESPERIA wCCWorkC~es: Sum of DBE's in NAICS Cod 32612 = I E PACIFIC, INC SAN DIEGO WCC Work Cod.,: Concrete and Cement ~:,)~(~ m~]o~,,o~ 23s~4 NAICS Code: 32731 1999 Census: 46 SIM ENGINEERING INC. ~ Pecent DBE: ~ I 46 = 4.35% FALLBROOK WCC Work Codes: ABURTO MARINE & INDUSTRIAL SUPPLY WILEY CONSTRUCTION ~ C'O651 (:DN(RETE & (?EMENT SUPPLE~RS 3Z731 OCEANSIDE WCC Work C~s: KENROB, INC Sum of DBE's in NAICS Cod 23594 = l0 / C0(,5~ CON(R~][ & ('EMF~T-SLPPE[~RS 3273 Demolition Wednesday, August 07, 2002 Page 8 of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS Sum of DBE's in NAICS Cod 32731 = 2 I GUILLORYTRUCKING Concrete and (~ment I HESPERIA WCC Work Ccdes: 48411 Lighting Fixtures ~ MCC~S°2LEOD Bo['[o~,~TRUCKiNGDUMP TP, UCKING 484 NAICS Code: 33512 1999 Census: 20 JOHN'S EQUIPMENT RENTAL LAKESIDE WCC Work Codes: Pecent DBE: 5/20 = 25.00% c,)774 TRUCKF. R 484 C M DISTRIBUTORS, INC ESCONDIDO WCC Work Codes: EL CAJON WCC Work CodO~: GRAND ELECTRIC SUPPLY, INC. z (:%0~ t~L.~T BED rmX::KI~G 484~ C068t, Et [C'I RI( ~\I ,~ SIGNALS - SL PPI.IERS 33512 NOLBERTO DOMINGUEZ TRUC~NG MICHAEL BAKER ELECTRIC 3 BRAWLEY WCC Work C~es: C068o El E( I~I~ ~1 & ~IGNA[ 8 ~t PPI [~RS 3351Z PEPPER TRUCKING INC SOUTHBA Y EDC, INC. 5 SOUTH COUN~ CONSTRUCTION 11 Sum of DBE's in NAICS Cod 33512 = 5 ~:0~02 ~o'rro~ o~{P mu~(~ Liohtino Fixtures STEPHENS TRUCKING Building Matr Dealers~ WELK(~s°2 TRUCKING,a°T rom [)t J~P I m,r:[I~GiNC. 4~41113 NAICS Code: 44419 1999 Census: 237 ELCAJON WCCWorkC~ Pecent DBE: ~1 237 = 1.27% (:~74 '~R~:~ ABURTO MARINE & INDUSTRIAL SUPPLY Sum of DBE's in NAICS Cod 48411 = 13 SAN DIEGO WCC Work Codes: Truckino CONSTRUCTION MATERIALS & SERVICES, INC. z Real Estate Senecas SAN(,0698MARCOSBu[[ D[N(i MA'I ERIAIWCC Work_ SUP~I.IE[{sC°de~: ,0 NARCS Code: 53139 1999 Census: 268 444~. Pecent DBE: 3 / 268 = 1.12% MARTINEZ SUPPLY INC. SAN D EGO WCC Wo~ Code~: HOOPER LAND COMPANY 1 Sum of DBE's in NAICS Cod 4~19 = 3 <:eTs0 ~,XL ~S~X~ Buildino Matt Dealers WlGGANS & WILLEd, INC. WlGGANS, JANE L. S~A NAICS Code: 48411 1999 Census: 118 OCEANSIDE WCCWo~C~ ACTION CLEANING CORP I Sum of DBE's in NAICS Cod 53139 = 3 SAN DIEGO WCC Wo~ C~es: Real Estate Semi,es BURNS AND SONS TRUCKING, INC TruckRental SPRINGVALLEY ~CCWo~C~es: NAICS Code: 53212 1999 Census: 43 Ct)774 TRUCKER 48411 Pecent DBE: 18/43 = 41.86% CANTARINI TRACTOR BURNS AND SONS TRUCKING, INC 1 FALLBROOK ~CC Work C~es: SPRING VALLEY WCC Wo~ C~es; C9774 I'RUCKI R 48411 ~9907 CONS I'R(JC'J ION EQI IPMI NT CONSTRUCTION SPECIALTY 4 CANTARINI TRACTOR ('9774 {R~ ( KF:R 4S4]1 CONSTRUCTION SPECIALTY GEORGE ALVARADO TRUCKING 5 LEE VINING WCC Wo~ C~es: C9';7~ iR, ('KER 4841l~I C9,)07 CONS FRUCT[ON EQ[llPMENT RENTAL :33::: Wednesday, August 07, 2002 Page 9 of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS CONTRERAS TRACTOR RENTAL 4 I JOSEPH WONG DESIGN ASSOCIATES, INC, 4 VISTA WCC Work Ccdes: I SAN D EGO WCC Work Codes: ut ,~'~'~ Ertl n>~aEN r RENTAL 53;~ LIBBY ENGINEERS, INC G S VALLEY G~DING, INC SAN DIEGO WCC WoA C~es: ('~905 HIA~ EQI IPMI'NI R[NIA[ S3ZIZ MANUEL ONCINA ARCHITECT, INC GEORGEALVARADO TRUCKING C8704 ARCHI1EC 11 RAI,CONS[ I TANI 541 CALEXICO WCC Work C~es: ~RTI~Z + CUTRI CO~PO~A TlON A~CHITECT$ 7 GUILLORY TRUCKING ~ICHELE ~C LAIN, ArA 8 C9771 FRI;( K BROKER 53Zn C8704 AR('it~TEC [ (R&I.CONS~ I TANI S41~1 GUTIERREZ CONSTR~CTION COMPANY s MORAES/PHAM ~ ASSOCtArES HERNANDEZ TRUCKING ~ PARAS & ASSOCIATES BONSALL WCC Work Codes: HUDSON SAFE-T-LITE RENTALS lO PLA~HITE~W ARCHITECTS, INC JOHN'S EQUIPMENT RENTAL l 1 RODRIGUEZ PARK 12 NOLBERTO DOMINGUEZ TRUCKING 12 C8704 ARCH] I'} CTt. RAL CONSULTANT 5413] B~WLEY WCC WoA C~es: ROESLING NA~MURA ARCHITECTS, INC 13 PACIFICA CONTRACTING, INC. 13 c8704 ARCIII['iC'It RAL EONS[ LTANT 54131 SAN DIEGO ~CC WOA C~es S~E R~ ~ ~4 PEPPER TRUCKING INC ~4 TEZA DESIGN RANDALL'S BACKHOE ~ ZAGRODNIK & THOMAS ARCHITECTS SIM ENGINEERING INC. ~ Sum of DBE's in NAICS Cod 54131 = ~',~,~)~ [[] A~ ~9~,l~,x~ ~ m~r,*u, s3m ~chitectural SMITH TRUCKING COMPANY ~7 ~ ~ ~p~an"sc~e Architect ~9~: ~'~{~rmo~ s~z~z NAICSCode: 54132 1999 Census: 100 WELK TRUCKING, INC. ~ Pecent DBE: 7/ 100 = 7.00% EL CAJON WCC Work Codes: DARSONO DESIGN ASSOCIATES Sum of DBE's in NAICS Cod 53212 = 18 <~** ~,~x~)sc~,~ A~C~T~C~S TruckRental ESTRADA & EDA W PARTNERSHIP Architectural ~::s~4 ~ ~,~)s~ AP~.~c~u ['~c*S ~,~z NAICS Code: 54131 1999 Census: 287 ESTRADA ~ND P~NNING, INC. 3 Pecent DBE: 16/287 = 5.57% SAN DIEGO WCC Work C~es: D R V DESIGN ] GARBINI & GARBINI LANDSCAPE ARCHITECTURE DARSONO DESIGN ASSOClATES ~ KTU + A LANDSCAPE ARCHITECTS & PLANNERS IR2 - INTERIOR RESOURCE, INC 3 c5744 LA~DSC.M'[ ARCHI F~('[S 5413Z PARTERRE Wednesday, August 07, 2002 Page 10 of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS TESHIMA DESIGN GROUP 7 I ESKINDER BERHANU & ASSOCIATES SAN DIEGO WCC Work Codes: I SAN D EGO WCC Work Codes: Sum of DBE's in NAICS Cod 54132 = 7 I ESTRADA & EDAWPARTNERSHIP 17 Landsca~)e Architect SAN DIEGO WCC Work Codes: Engineering GARBINI & GARBINI LANDSCAPE ARCHITECTURE 18 NAICS Code: 54133 1999 Census: 860 SAN DIEGO WCC Work Codes: Pecent DBE: 731860 = 8.49% c sT~ DESIGN CON SIJ LT.~,N'r 54133 GARY ENGINEERING, INC. 19 ADVANCED MA TERIAL TECHNOLOGIES ! SAN DIEGO WCC Work Codes: AGUIRRE & ASSOCIATES 2 G~LDO~ 20 ALLIED GEOTECHNICAL ENGINEERS, INC t AMERICAN CONCURRENT ENGINEERING SERVICES -4- GI~ENE~NG CONTRACTOR Cg7(17 FEASII/II l [ 'r S I'[ D]}!S 54133 APEX GEOTECHNOLOGY, INC cs7o7 ~EASJ[HLJI~ STUe]ES 54]33 SAN DIEGO WCQ Work Cod~: HOOPER LAND COMPANY 23 ARCHITECTURAL SIGNS & GRAPHICS,INC. HUMAN SYSTEMS DEVELOPMENT 24 ARTEFACT DESIGN_ 7 HUNTER PACIFIC GROUP 25 INFRASTRUCTURE ENGINEERING CORPORA TION 26 BERGGREN LAND SURVEYING & MAPPING INC 8 SAN DIEGO WCC Work Codes: IR2 - INTERIOR RESOURCE, INC 27 C. JONES & COMPANY 9 CWA, INC. 10 ISAACSON PLANNING D R V DESIGN ! 1 JCl SERVICES, INC DARSONO DESIGN ASSOCIATES 12 JNE & ASSOCIATES DELTA CONSULTING ENGINEERS, INC. 13 JOSE CARLOS ROMERO, CIVIL ENGINEER AND SAN DIEGO WCC Work Codes: LAND S ERB ENGINEERING, INC. 14 I ( ~(/~ I)} s~{;', {'o,.sIJt,] .~ r 54~33 K2 ENGINEERING INC 32 EROSION CONTROL SPECIALISTS ts KANRAD ENGINEERING INC ~'~o~ m:~m:~ ~ o*~ ~ ~,~'~ ~ ~4~: KELLY QUINN POPE JOY, AICP Wednesday, August 07, 2002 Page 11 of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS KTU + A LANDSCAPE ARCHITECTS & PLANNERS 35 I PROFESSIONAL CONSULTING GROUP 5! ] I ' SAN DIEGO ~WCC Work Codes' LA MESA WCC Work Codes: SAN DIEGO WCC Work Co~: SAN D EGO WCC Work Code~: RICHARD BRADY & ASSOCIATES 54133 LIBBY ENGINEERS, INC c'~7~ ¢IVE EXGI~EERIND SAN DIEGO WCC Work Codes: SAN DIEGO LINTVEDT, MCCOLL & ASSOCIATES c~7os I)~SIG~ C:O~SU[:I Ax'r SAN DIEGO WCC Work Codes: RODRIGUEZ PARK c:~720(l~n ~ x~a'~} m~(; ROESLING NA~MURA 54133 ARCHITECTS, INC 54133 SAN D EGO WCC Wo~ Codes; LOPEZ ENGINEERING csT.s t)~S~C;N C'O~S~ ~'r,~r 56 SAFDIE RABINES ARCHITECTS s4~ SCIENTIFIC RESOURCES ASSOCIATED 54~33 MANUEL ONCINA ARCHITECT, INC 40 c~*~o~, ~)~s~(:;~ m~I[}Dt~S LA JOL~ WCC Work Codes: C8705 I ESIGN (ONS~ ~I 3 AN1 54133 SAN DIEGO WCC Work C~e~: sANMARTINEZDIEGO + CUTRI wccCORPORATIONwoA C~es: ARCHITECTS 41 SHIRLEyc87°; HOCKINGV~*~smn Try s~[ypi~SENTERPRiSE 54]33 MEDIATONGUE 42 ('8')o5 D~SIG N CONSUL'I AN J' 54133 SAN DIEGO WCC Work epees: SIMON WONG ENGINEERING MEDLIN & ASSOCIATES 43 C8705 DI~SIGN (ONSUI '[ANI' 54133 MICHAEL-ALLENASSOCIATES 44 ('8710 IiNGI~k~RING C ONSUL~ AN r 54133 SAN DIEGO WCC Work C~es: SOTA ENVIRONMENTAL TECHNOLOGY, INC. MICHELE MC LAIN, AIA 45 CsTto [-N(;INI I RING {:~)NSULI AN'[ 54133 SAN MARCOS WCC Wo~ Codes: (8720 CIVIl. ENGIN[ ERING CS705 I)t SK;~ (OXS[]I I&NI 54133 SOUTHLAND GEOTECHNICAL CONSULTANTS MORAES/PHAM & ASSOCIATES 46 EL CAJON WCC Wo~ C~es: {8707 FI %SHH115Y STL I)H'g 54133 SYNERGY ELECTRIC COMPANY INC. 62 PACIFIC ELECTRONICS 47 CS610 SPEED MONITORING STATION 5413: SAN DIEGO WCC Work Code[ C86t I RAMP MEIERING SYSTEM 54132 (:8 ?40 I~ J~(:)J~[( A~ I;NGtNEI RS 54132 TESHIMA DESIGN GROUP 63 PARAS & ASSOCIA ~ES 48 SAN DIEGO WCC WoA C~es: C8;05 Di SIGN CONSUl IANI 54132 TIERRA ENVIRONMENTAL SERVICES, INC 65 PLA TT~HITELA W ARCHITECTS, INC Wednesday, August 07, 2002 Page 12 of 18 DBE RESOURCE LIST EXHIBIT g CHULA VISTA PROJECTS TRAN CONSULTING ENGINEERS 661 I JOSE CARLOS ROMERO, CIVIL ENGINEER AND SAN DIEGO WCCWork¢ode~: I I LAND S ( s"07 F~i-%SIBlkl r¥ s l~ Im~s s41~3 JOSE E. PEREIRA PLUMBING & FIRE SPRINKLER C~;720 (~VtI I!NOiNEH~InG S4t33 MANUEL ONCINA ARCHITECT, INC 10 TRANSCONTINENTAL ENTERPRISES 67 LA JOLLA WCC Work Codes: £:$720 CIVIL EN(HNF, FRING 54113.t__ ] MARTINEZ + CUTRI CORPORATION ARCHITECTS UNIVERSAL STRUCTURES 68 1 SAN DIEGO WCC Work Codes: cs721) (lvIt I N~;IN~ f:~qr,:~.; 69 MORAES/PHAM & ASSGCIATES VERA BERGER, PH.D.,P.E. 54133 12 SAN DIEGO WCC Work Codes: PARAS & ASSOCIATES 13 VI-~--~R G~RING PARTERRE ! 4 54133 RODRIGUEZ PARK 15 W-~-~ CO~ SAFDIE RABINES ARCHITECTS (:87~. ci~li I'~OtNIt~R[N(~ TEZA DESIGN WORKHORSE CONSULTING c876s bRaI lING 54134 CARLSBAD WCC Work Codes: TRANSCONTINENTAL ENTERPRISES 18 ZAGRODNIK & THOMAS ARCHITECTS WORKHORSE CONSULTING 19 Sum of DBE's in NAICS Cod 54133 = 73 Sum of DBE's in NAICS Cod 54134 = ]9 Engineering Drafti~fl Drafting Survey NAICS Code: 54134 1999 Census: Z$ NAICS Cede: 54137 1999 Census: 51. PecentDBE: J.~/25 = 76.00% PecentDBE: [I/51 = 15.69% AMERICAN CONCURRENT ENGINEERING SERVICES ~ BERGGREN LAND SURVEYING & MAPPING INC D R V DESIGN 2 D876O St rVEYOR s413~ (~76s Dr,,\FIIN(~ 54134 DYE SURVEYING, INC. 2 D-S-P, DESKTOP SOLUTIONS PLUS 3 LA MESA WCC Work Codes: ERB ENGINEERING, INC. 4 ERB ENGINEERING, INC. 3 C9826 LAND SURVEYING 541371 GERALDO R IGLESIA PHD 5 co7011 CONSI'RU("I ION SI AKING 54137 ('8101 St RVl Y Ol~. itISTORIC^I. MONIJMI!N'I 541 CS765 DRAIHJNG 54134 JOSE CARLOS ROMERO, CIVIL ENGINEER AND IR2 - INTERIOR RESOURCE, INC 6 LAND S JCl SERVICES, INC LINTVEDT, MCCOLL & ASSOCIATES Wednesday, August 07, 2002 Page 13 of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS PA YCO SPECIALTIES, INCORPORATED 6 I I MEDIA TONGUE CHULA VISTA WC~ Work Codes: I I SAN DIEGO W~:(; Work Codes: ROBERT ZALDIVAR MASONARY 7 PERSONAL COMPUTER SPECIALIST VALLEY FENCE COMPANY 8 TERRA VISION, M.C. 17 Sum of DBE's in NAICS Cod 54137 = 8 UNIVERSAL STRUCTURES Survey DEL MAR WCC Work Codes: Computer WEST CONSULTANTS, INC NAICS Code: 54151 1999 Census: 1030 SAN DIEGO WCG Work Codes: Pecent DBE: 19/ 1E+ = 1.84% c~t~ (:o~n, cl~c:o~.sui~i,,x~r s,ns~ Sum ofDBE'sinNAICSCod 54151 = 19 ADVANCED MA TERIAL TECHNOLOGIES ! Com~uter ~. ~,o~.,~:~-~c:.~st:~'~.~ .~4~st Manage Consult AMERICAN CONCURRENT ENGINEERING SERVICES ~ NAICS Code: 54161 1999 Census: 734 (87~] c o~mJIt I~ (:~ ~'~,t;I ] ,,'.~ s4~s~ Pecent DBE: 38~734 = 5,18% c~?()2 MA~ \O~M]:~I ~XFOi~M ~'rlo× SYSI~X~S S4~$~ AMERICAN CONCURRENT ENGINEERING SERVICES 1 BIZBEE'S WARRIORS 3 CHULA VISTA WCC Work Codes: C I C RESEARCH, INC 4 APEX GEOTECHNOLOGY, INC CONSOLIDATED SERVICES ENGINEERS & ~ C. JONES & COMPANY CONSTRUCTOR POWAY WCC Work Codes: CYBERWlRE ~ CASE CONSULTING DECISION & INFORMATION SYSTEMS, INC. ? COLLINS GROUP E REIDER ENTERPRISES 8 CWA, INC. GEO INFORMATION S YS TEMS VISTA _W CC Work Codes: DEL TA CONSUL TING ENGINEERS, INC. ? GERALDO R IGLESIA PHD DODSON AND ASSOCIATES SAN DIEGO WCC Work Codes: SAN DIEGO WCC Work Codes: c'~ ~02 ~v~,,v~,',~ ~'r l'~FOk~.~^l ID~ SYS rEX,IS S4~st D.S-P, DESKTOP SOLUTIONS PLUS 9 GONZALEZ-WHITE CONSULTING SERVICES SAN MARCOS WCC Work Codes: ('8702 M.,,~A(iti~,~'l ~,O}~X~A1 ~(}~ SYS r~ x.~s 54~s~__ DYNAMIC CONSULTING SERVICES 10 HUMAN SYSTEMS DEVELOPMENT 12 SAN DIEGO WCC Work Codes: (8702 M \NA(i[ Mi N [ [NFORMArlON SYSH MS -'54151 E REIDER ENTERPRISES Il KOAM ENGINEERING SYSTEMS lNG 13 (:s?01 misl~!ss A[)M]N~S'~ i~A'rlo~< SAN DIEGO WGC Work Codes: EROSION CONTROL SPECIALISTS 12 KTU + A LANDSCAPE ARCHITECTS & PLANNERS 14 ESTRADA & EDAW PARTNERSHIP Wednesday, August 07, 2002 Page '14 of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS GERALDO R IGLESIA PHD 114 I R KING MANAGEMENT SUPPORT SERVICES SAN D EGO WCC Work Codes: I SPRING VALLEY WCC Work Codes: GONZALEZ-WHITE CONSULTING SERVICES 54]6! CONSl'RI!C'I tON M ~,N.~,Gt~MEN t $4]§1 RICHARD BRADY & ASSOCIATES 34 54~6~ ROGERS CONSULTING GROUP 35 I E PACIFIC, INC SAN DIEGO WCC Work C~es: 54]~ SIMON WONG ENGINEERING 36 IR2 - INTERIOR RESOURCE, INC SAN DIEGO WCC Wo~ C~es: c~77~ ~ o~s~ mJ~ I'K~ ~,x~A6rx,~r ~ r 54~6~ TESTING SERVICES & INSPECTION, INC 37 ISAACSON PLANNING 18 SAN DIEGO WCC Work C~es: c~7~2 ~t m K m2~rloxs s4]~] WORKHORSE CONSULTING 38 J J DAVIS & ASSOCIATES ]9 CARLSBAD WCC Wo~ C~es: ('S701 BUSJN[~SS &DMINISH{AIION 54161 Sum of DBE's in N~CS Cod 54161 = 38 JCl SERVICES, INC 20 Manaoe Consul~ ('gT0] B~ SJNESg ADMINISFR ~ HON 54161 Environmental (8770 CONSFR[JCiION M&NAGEMENi 54161 NAICS Code: 54162 1999 Census: 79 JLC CONSUL TANT SERVICES Zt BONITA WCCWo~C~es: Pecent DBE: [0/79 = 12.66% (:8:q~ mm.~c m~ ,~ rK)~s ~4~61 ALLIED GEOTECHNICAL ENGINEERS, INC 1 JOSE CARLOS ROMERO, CIVIL ENGINEER AND ZZ SANTEE WCC Wo~ C~es: ~ND S C8722 E~V[AO~MENTAL ENGINeeR 54162 CALEXICO WCC WOA C~es: EROSION CONTROL SPECIALISTS KOAM ENGINEERING SYSTEMS INC 23 C8722 ENVIRONMENTAL ENGINEER S416Z SAN DIEGO WCC Work C~es: ESTRADA & EDA W PARTNERSHIP L K S & ASSOCIATES 24 ('8722 ENVIRO~MEN I'AL ENGINEER 54Z6Z SAN DIEGO WCC WO~ Codes: GLOBAL ENWRONMENTAL CONSULTING COMPANY, LIN~EDT, MCCOLL & ASSOCIATES Z5 C8722 ENViRONMENI'-M.ENGINE[~R 5416Z SAN DIEGO WCC We~ C~es: MORAES/PHAM & ASSOCIATES M R B & ASSOCIATES 26 ~'8722 ~{N~r[Rf)NMI[N]'Ai [ NCi[N}~I[R 541~ SAN DIEGO WCC Work Codes: R J K ~ SAN DIEGO WCC Work C~es: RICHARD BRADY & ASSOClATES MORAES/PHAM & ASSOCIATES 28 ('8722 EN~JRONMEN'] AL ENGINEER 5416' CARLSBAD WCC WoA C~es: SOTA ENVIRONMENTAL TECHNOLOGY, INC, ONSITE ENGINEERING 29 C~722 ENVIRONMENTAL ENGINEER S41 FALm~OOK WCC Work Cod~s: TRAN CONSUL TING ENGINEERS ~ PARAS & ASSOCMTES 30 (8722 ~NWnONMENrAL gNC}[NEEE 5416Z10 BONSALL WCC Worn C~,: WESt CONSUltaNtS, INC Q & S ENGINEERING 31 (:8722 ENVIRONMENTAL ENGINEEI~ 54161 ESCONmDO WCCWo~C~es: Sum of DBE's in NAICS Cod 54162 = 10 (8712 I'UB1J(5 RELATIONS 54161 Environmenlgl RBKA ~ Wednesday, August 07, 2002 Page 15 of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS Profesional Consultant ERGONOMIC EVALUATION & TRAINING =! NAILS Code: 54169 1999 Census: 205 SAN DIEGO WCC Work Codes: Pecent DBE: 961 205 = 46.83% EROSION CONTROL SPECIALISTS 22 ADVANCED MATERIAL TECHNOLOGIES I JAMUL WCC Work Codes: (sT00 (ONS[ iiAN I IAI I i','Pt!S) 54169 ESKINDER BERHANU & ASSOCIATES !3 ALLIED GEOTECHNICAL ENGINEERS, INC 2 SAN DIEGO WCC Work Codes: (870o ('GNSt ~ f,'~',d (,'~ i.'FVPES~ S4]~9 ESTRADA & EDAWPARTNERSHIP 24 AMERICAN CONCURRENT ENGINEERING SERVICES 3 SAN DIEGO WCC Work Codes: c ,~700 ( o~sut.lA-,~ (,*d ~ ~Ym s) $4169 GARY ENGINEERING, INC. 25 APEX GEOTECHNOLOGY, INC 4 SAN DIEGO WCC Work Codes: C8701i Cf)NSUi / ~N I' ( M I [YP} S) 54169 GEO INFORMATION SYSTEMS 26 ARMTECH $ VISTA WCC Work Codes: ('870,) ('ONSt i I ~NJ' {AIl '1YPi$) S4169i GERALDO R IGLESIA PHD 27 ARTIST ASSOCtArtON OF PUBLIC ART 6 I SAN DIEGO WCC Work Codes: BAYc87oo CITyC °NS[ LIMARiNE,~IiNC(,~,I L TYPES} 54t6~9-- INc.GLOBAL ENVIRONMENTAL CONSULTING COMPANY, BLUE FEATHER MANAGEMENT o GONZALEZ-WHITE CONSULTING SERVICES 29 C I C RESEARCH, INC , GRAY SYSTEMS, INC. 30 C. JONES 8, COMPANY HABITAT WEST CASE CONSULTING HERITAGE RESOURCES CHANGING PLACES HOOPER LAND COMPANY CONSOLIDA TED SERVICES ENGINEERS & HUMAN SYSTEMS DEVELOPMENT CONSTRUCTOR POWAY WCC Work Codes~ 54169 HUNTER PACIFIC GROUP D R V DESIGN SAN DIEGO WCC Work Codes: s4~69 HVAC ENGINEERING, INC. DECISION & INFORMATION SYSTEMS, INC. SAN DIEGO WCC Work Codes: 54169 IR2 - INTERIOR RESOURCE, INC DELTA CONSULTING ENGINEERS, INC. SAN DIEGO WCC Work Codes: SAN DIEGO WCC Work Codes: 54169 J J DAVIS & ASSOCIATES DODSON AND ASSOCIATES SAN DIEGO WCC Work Codes: JBG ENVIRONMENTAL CONSULTING DYNAMIC CONSULTING SERVICES SAN DIEGO WCC Work Codes: 54! 69 JCl SERVICES, INC ERB ENGINEERING, INC. SAN DIEGO WCC Work Codes: EREMICO BONITA WCC Work COd~: Wednesday, August 07, 2002 Page 16 of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS JNE & ASSOCIATES IPA S & ASSOCIATES I SAN D EGO WCC Work Codes: BONSALL WCC Work Codes: C8700 C ()NSULT ~NT (Al L I'YPES~ 54169 43 C8700 CONS[ LTAN~ {AI,L TYPES) 54169 64 I JOSE CARLOS ROMERO, CIVIL ENGINEER AND PERSONAL COMPUTER SPECIALIST LAND S SAN DIEGO WCC Work Codes: CALEXICO WCC Work Codes: 54169 C8700 CONSt I. [ ,%NT (ALI, 't YPES1 54169 65 CSTOO (o'<s~ ~.~.xm vu.].~ w,~is) PLATTA4IHITELAWARCHITECTS, INC K. DUNCAN ENTERPRISES, INC. 44 SAN DIEGO WCC Work Codes: 54169 SAN DIEGO WCC Work Codes: 54169 (8700 CDNSt I.TAN'[ (ALL 'I'~'PES) 66 CS?0O CO~S~L P,,X X'I { ,X EL T~ 1'ES) PROCUREMENT CONCEPTS, INC. K2 ENGINEERING INC 4s SAN DIEGO WCC Work Codes: SAN DIEGO WCC Work Codes: 54169 C8700 CONSUI,I ANT (,ALI, TYPES) 5416967 Cg7O0 CONSI I 1/\NI {A[.I I'YPES) 46 PROFESSIONAL CONSULTING GROUP KELLY QUINN POPE JOY, AICP LA MESA WCC Work Codes: SAN DIEGO WCC Work Codes: 54169 E8700 CONSL l I ANT (41 I, '[YPES) 5416968 ('5700 CONSUl l,X×l (ALL ]~P[iS) 47 O & S ENGINEERING KTU + A LANDSCAPE ARCHITECTS & PLANNERS ESCONDIDO WCC Work Codes: KYLE CONSULTING SAN DIEGO WCC Work Codes: C87O0 CONS[ I TANT {Al I TYPES) 49 R KING MANAGEMENT SUPPORT SERVICES L K S & ASSOCIATES SPRING VALLEY WCC Work Codes: <::57!)0 CONS[ LT,\×'r {At i TYPES) 50 RICHARD BRADY & ASSOCIATES LABORA TORY DATA CONSULTANTS, INC. SAN DIEGO WCC Work Codes: C8700 (?()NS[ q_IAN I (At l '1Y?t!SI RODRIGUEZ PARK LIBBY ENGINEERS, INC SAN DIEGO WCC Work Codes: ¢87oo co'~$t LIANI (^LI ']Y?13S) 52 ROGERS CONSULTING GROUP LINTVEDT, MCCOLL & ASSOCIATES SAN DIEGO WCC Work Codes: c~7o. ~ o~s~l.l ~',~ (~ l '~ VPES) 53 SAFDIE RABINES ARCHITECTS LOPEZ ENGINEERING SAN DIEGO WCC Work Codes: ('570o (ONS~ LI ~,'~'r (,~,l ~ '/Y1't s) 54 SCIENTIFIC RESOURCES ASSOCIATED M R B & ASSOCIATES SAN DIEGO WCC Work Codes: c'870,~ ct)~s[ l.'I ,~T (,\l ~ ~ Vt'~-:S15416955 SEXUAL HARASSMENTAWARENESS AND MACDOC CONSULTANTS PREVENTION MARIE BURKE LIA, A TTORNEY A T LA W SIMON WONG ENGINEERING 77 MEDIATONGUE SOTA ENVIRONMENTAL TECHNOLOGY, INC. 78 MEDLIN & ASSOCIATES SOUTHLAND GEOTECHNICAL CONSULTANTS 7~ MICHAEL-ALLEN ASSOCIATES SUNSHINE DEVELOPMENT 80 MICHELE MC LAIN, AIA TERRA VISION, M.C. 81 MORAES/PHAM & ASSOCIATES TESHIMA DESIGN GROUP 82 MORENO AERIAL PHOTO SURVEYS TESTING SERVICES & INSPECTION, INC ~3 Wednesday, August 07', 2002 Page 17 of 18 DBE RESOURCE LIST EXHIBIT D CHULA VISTA PROJECTS TEZA DESIGN 84 HYDROSPROUT, INC. LA WN & SLOPE SEEDING 6 LA MESA W~ Work Codes: ESCONDIDO WCC Work Codes: 56173 THE TRAINING ALTERNATIVE 85 (7203(~ EROSION CONTReL 56173 CgT00 CONSliLL,\XI(A[,L I '~ I'ES) 54169 TIERRA ENVIRONMENTAL SERVICES, INC 86 SAN DIEGO WCC Work Codes: IMPERIAL IRRIGATION SUPPLY, INC. TRAINING SUPPORT NETWORK 87 ESCONDIDO WCC Work Codes: LA JOLLA W¢C Work Codes: LORI R. LOVETT, GENERAL ENGINEERING TRAN CONSULTING ENGINEERS 88 CONTRACTI TRI-COUNTY DRILLING, INC 89 CO 10 UNIVERSAL STRUCTURES 90 c2o~o ~ikoslo~, VICTOR GARCIA ENGINEERING 9~ OROPEZA CONSTRUCTION WEST CONSULTANTS, INC (8700 (ONSt ANi (M 1, 1\'~1S) 54169 WIGGANS & WILLETT, INC. 93 LA MESA WCC Work Codes: (:~0o ('o~st ~ IA',~ (.~ ~ ~ \'m~sl 54~69 SOUTH COUNTY CONSTRUCTION WIGGANS, JANE L. SR/WA 94 OLANCHA WCC Work Codes: WORKHORSE CONSULTING 95 SAN DIEGO WCC Work Codes: ZAGRODNIK & THOMAS ARCHITECTS 96 Sum of DBE's in NAICS Cod 56173 = ]4 Ca701i (ONSL l.'l \X'J (Al [ 'l YP~$) 54169 ~-PnPP~Fap~nq Sum of DBE's in NAICS Cod 54169 = 96 Profesional Consultant Landscaping NAICS Code: 56173 1999 Census: ?0! Pecent DBE: 141 701 = 2.00% C L ENTERPRISE I CANTARINI TRACTOR CONTRERAS TRACTOR RENTAL 3 E. V. CONSTRUCTORS, INC. 4 GIM GENERAL ENGINEERING CONTRACTOR c203o ~d~ostoN ('(IN ~ ROt. $6~7: Wednesday, August 07, 2002 Page 18 of 18 EXHIBIT E - 1 PERCENTAGE OF DBE PARTICIPATION WITHIN NAICS CODES NAICS NAICS CODE TOTAL DBE Percentaoe DBE Codes: DISCRIPTION BUSINESSES FIRMS Within Each NAICS Construction 21232 Sand & Gravel 12 1 8.33% 23411 Highway & Street Construction 94 27 28.72% 23412 Bridge and Tunnel Construction 5 4 80.00% 23491 Pipeline Construction 42 27 64.29% 23499 All other Construction 104 17 16.35% 23521 Painting, Traffic Marking 417 4 0.96% 23593 Grading 116 25 21.55% 23599 Special Trade Contractor 352 7 1.99% 32612 Pipes 11 6 54.55% 32731 Concrete and Cement 46 2 4.35% 44419 Building Matr Dealers 237 3 1.27% 48411 Trucking 118 13 11.o2% 53139 Real Estate Services 268 3 1.12% 53212 TruckRental 43 18 41.86% 56173 Landscaping 701 14 2.0o% Totals 2566 171 6.66% Professional & Technical Services 54131 Architectural 287 16 5.57% 54132 Landscape Architect 100 7 7.oo% 54133 Engineering 860 73 8.49% 54134 Drafting 25 19 76.o0% 54137 Survey 51 6 15.69% 54138 Lab Testing * 61 0 o.oo% 54151 Computer 1030 19 1.84% 54161 Manage Consult 734 38 5.18% 54162 Environmental 79 10 12.66% 54169 Profesional Consultant 205 96 46.83% 54182 Public Relations * 73 0 0.0o% Totals 3505 286 8.16% Seecialitv Trades 23511 Plumbing * 608 0 0.00% 23531 Electrical Contruction 564 14 2.48% 23541 Masonary, Walls 141 14 9.93% 23571 Concrete Contruction 254 38 14.96% 23591 Structural steel 54 16 29.63% 23594 Demolition 14 10 71.43% 33512 _ Lighting Fixtures 20 5 25.00% Totals 1655 97 5.86% TOTAL 7726 Firm 554 DBE Firms Percentage of DBE Firms: 7.17% · No DBE's Listed for this Code - ELIMINATE FROM OVERALL PRECENTAGE - SEE NEXT TABLE Wednesday, August 07, 2002 (Design\DBE\DBE_FIRMS2002; Rpt-Qry Census 99) EXHIBIT E - 2 PERCENTAGE OF DBE PARTICIPATION WITHIN NAICS CODES NAICS NAICS CODE TOTAL DBE Percenta~ae DBE Codes: DISCRIPTION BUSINESSES FIRMS Within Each NAICS Construction 21232 Sand & Gravel 12 1 8.33% 23411 Highway & Street Construction 94 27 28.72% 23412 Bridge and Tunnel Construction 5 4 8o.oo% 23491 Pipeline Construction 42 27 64.29% 23499 All other Construction 104 17 16.35% 23521 Painting, Traffic Marking 417 4 0.96% 23593 Grading 116 25 21.55% 23599 Special Trade Contractor 352 7 1.99% 32612 Pipes 11 6 54.55% 32731 Concrete and Cement 46 2 4.35% 44419 Building Matr Dealers 237 3 1.27% 48411 Trucking 118 13 11.02% 53139 Real Estate Services 268 3 1.12% 53212 TruckRental 43 18 41.86% 56173 Landscaping 701 14 2.0o% Totals 2566 171 6.66% Professional & Technical Services 54131 Architectural 287 16 5.57% 54132 Landscape Architect 100 7 7.00% 54133 Engineering 860 73 8.49% 54134 Drafting 25 19 76.00% 54137 Survey 51 8 15.69% 54151 Computer 1030 19 1.84% 54161 Manage Consult 734 38 5.18% 54162 Environmental 79 10 12.66% 54169 Profesional Consultant 205 96 46.83% Totals 3371 286 8.48% Speciality Trades 23531 Electrical Contruction 564 14 2.48% 23541 Masonary, Walls 141 I4 9.93% 23571 Concrete Contruction 254 38 14.96% 23591 Structural steel 54 16 29.63% 23594 Demolition 14 10 71.43% 33512 Lighting Fixtures 20 5 25.00% Totals 1047 97 9.26% TOTAL 6984 Firm 554 DBE Firms Percentage of DBE Firms: 7.93% tVednesday,/lugust 07, 2002 (Design\DBE\DBE_FIRMS2002; Rpt-Qry Census 99) RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GOAL FOR THE DISADV ANT AGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER I, 2002 THROUGH SEPTEMBER 30, 2003 FOR CITY OF CHULA VISTA PROJECTS UTILIZING FEDERAL HIGHWAY ADMINISTRATION FUNDING AND THE METHODOLOGY USED TO OBTAIN THE GOAL WHEREAS, all local agencies receiving federally assisted funds from the Federal Highway Administration are required to submit a Disadvantaged Business Enterprise Program (DBE Program); and WHEREAS, the Disadvantaged Business Enterprise Program is designed to allow contractors/consultants owned and controlled by minorities, women and other socially and economically disadvantaged persons to have the opportunity to bid and work on proj ects funded by the Federal Highway Administration. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the goal for the Disadvantaged Business Enterprise Program for the period of October I, 2002 through September 30, 2003 for City ofChula Vista projects utilizing Federal Highway Administration funding and the methodology used to obtain the goal, attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to form by John P. Lippitt Director of Public Works J:\Attorney\reso\ DBE Prograrn (August 29, 2002 (l0:42AM)] '5,60 ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Page 1, Item (p Meeting Date: 9/10/02 Resolution of the City Council of the City ofChula Vista, California, approving the form of an Acquisition/Financing Agreement pertaining to Community Facilities District No. 2001-2 (McMillin Otay Ranch Village Six) Director of Public Works Q City Manag~ ryt/ It is recommended that this item be continued to a future date. J:\engineer\aGENDA\CAS 9-10-02 CFD012 AFA..çont.doc (4/5ths Vote: Yes_NoX) Page 1, Item ~ Meeting Date: 9/10/02 COUNCIL AGENDA STATEMENT ITEM TITLE: Resolution of the City Council of the City of Chula Vista, California, approving the form of an Acquisition/Financing Agreement pertaining to Community Facilities District No. 2001-2 (McMillin Otay Ranch Village Six) SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager ~# "' (4/5ths Vote: Yes No X ) On July 9, 2002 Council approved the Resolution of Intention to establish Community Facilities District No. 2001-2 (CFD No. 2001-2) and set the public hearing for August 13, 2002. On August 13, 2002 the City considered the approval of two Resolutions; 1) to form and establish a Conmaunity Facilities District No. 200 I-2; and 2) declaring necessity to incur bonded indebtedness. On August 20, 2002 a special election of eligible property owners was held at the City Attorney's office for the purpose of voting on the formation of the CFD No. 2001-2. The results of the special election were declared and certified and the first reading of the Ordinance authorizing a levy of special taxes was introduced on August 27, 2002. Tonight's action will approve the form of an Acquisition/Financing Agreement setting forth the terms by which the public improvements shall be financed by CFD No. 2002-2. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council: Approve the Resolution approving the form of an Acquisition/Financing Agreement that (i) establishes the terms and conditions pursuant to which the City will acquire the authorized public improvements, (ii) establishes the terms and conditions pursuant to which the District will agree to issue special tax bonds to finance the acquisition of such improvements and (iii) establishes the procedure for acquiring the improvements from the developer within Community Facilities District No. 2001-2. DISCUSSION: Background As noted above, on August 13, 2002, the City Council held a public hearing pertaining to the fom~ation of CFD No. 2001-2; the levy of special taxes within the District; and the necessity to incur a bonded indebtedness of the District. Following the public hearing, the City Council adopted rcsolutions that made preliminary findings, passed upon the protests, approved the Special Tax / Page 2, Item {o Meeting Date: 9/10/02 Report, formed CFD No. 2001-2 and authorized the submittal to the qualified electors of within CFD No. 2001-2 of ballot measures to authorize the levy of special taxes within CFD No. 2001-2, authorize the issuance of bonds of CF D No. 200 I-2 and establish an appropriations limit for CFD No. 2001-2. On July 9, 2002, Council adopted the District boundaries, declared its intent to establish CFD No. 2001-2 and to issue bonds, the Rate and Method of Apportionment was also presented for the first time. The public hearing was held pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982". Community Facilities Districts such as CFD No. 2001-2 provide the necessary funding mechanism for the acquisition or construction of public improvements by levying an annual "special tax", which is collected from the property owners in conjunction with the property taxes. On August 20, 2002, in the City Attorney's office, the City Clerk, acting as the election official, conducted a special election and the qualified electors of CFD 2001-2, i.e., the owners of land voted to authorize the levy of special taxes on property of CFD No. 2002-1; to authorize the issuance of bonds of CFD No. 2001-2 and to establish an appropriations limit for CFD No. 2001-2. The City Clerk and the Special Tax Consultant presided over the proceedings, verified the eligible voters, signatures, and presented the election ballots. The results of the special election declared on August 27, 2002 showed 100% of the votes were cast in favor of authorizing the levy of the proposed special tax, the issuance of the bonds secured by such special taxes and the establishment of an appropriations limit for CFD No. 2001-2. The results of the election were certified and the levy of special taxes was authorized on August 27, 2002. There is no cost to the City. The expenses related to the district administration (including levying and collecting the special taxes) will be funded by the CFD No. 2001-2 The ultimate security for the bonds are the properties located within the district, not the City's General Fund or its ability to tax property within its jurisdiction. CFD No. 2001-2 has been formed in conformance with the "City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts" (CFD Policy) as adopted on January 13, 1998 and amended on July 28, 1998. The Acquisition/Finance Agreement for CFD No. 2001-2 is consistent with established Ordinances and Council Policies. In addition, staffhas met with the developer to discuss their concerns, clarify the intent of the policies and ordinances, and review the methodology for the apportionment of the special taxes. All of the issues raised by the developer have been discussed and solutions, satisfactory to all parties, have been incorporated in the "Rate and Method of Apportionment" (RMA). The Improvements The developer is proposing the financing of backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, and utilities) and public facilities DIF improvements. Following is a general description of the proposed facilities including, but not limited to: · Olympic Parkway Page 3, Item ~ Meeting Date: 9/10/02 · La Media Road South (East Palomar Street to Olympic Parkway) · La Media Onsite-(Olympic Parkway to Santa Venetia) · Santa Venetia Street · Magdalena Street Phases 1-3 · La Media Road Offsite (Santa Venetia to Birch Parkway) · Birch Parkway Onsite (Magdalena to SR-125) · Birch Parkway Offsite (La Media Road to Magdalena) · La Media Bridge (between Villages 6 & 2); proportionate share · East Olympic Parkway Bridge (between SPA 1 and Village 6); proportionate share · Common Usable Open Space located between R-1 and R-3 In addition to the above improvements, this CFD's bonding capacity may be used for the "Traffic Enhancement Program" within the greater eastern territories of Chula Vista. These transportation facilities will be traffic capacity adding improvements and could include the following projects: · Telegraph Canyon Road / 1-805 · East H Street / 1-805 Preliminary estimates show that the maximum tax revenue (using the proposed taxes) from all the taxable properties would support a total bonded indebtedness of approximately $9.2 million (assuming a 6.5% interest rate and a 30-year term on the bonds). A bond sale amount of $9.2 million will finance approximately $7.3 million in facilities (i.e. grading, landscaping, streets, utilities, drainage, sewer, etc). The balance provided would provide for a reserve fund, capitalized interest and pay district formation and bond issuance costs. As noted above, it is currently estimated that only $9.2 million will be available for funding by this district. However, the district will be sized for $13 million to give the City flexibility in sizing the bonds and to take advantage of lower interest rates should they occur. A final priority list and cost estimates for each of the eligible improvements for CFD No. 2001-2 financing has been further defined within the Acquisition/Financing Agreement being considered tonight. The City may, in its sole discretion, elect to authorize and make the proceeds of any series of bonds issued for the District available to pay the cost of construction or the purchase price for the acquisition of Improvements for Interim Transportation Facilities. This could result in the revision of the facilities priority structure for the utilization of such proceeds. Ultimately, as subdivision exactions, the developer will finance required improvements that this CFD district cannot finance. In addition, the proposed CFD lies within the City of Chula Vista's Transportation Development Impact Fee (TDIF) benefit area that places a cap on the CFD's ability to finance certain TDIF improvements. Staff and the consultant team are working with the developer to maximize the TDIF facilities to be constructed by the District The actual amount to be financed by CFD No. 2001-2 would depend upon a number of factors including final interest rate on the bonds and the value to lien ratio. The actual amount may be Page 4, Item Meeting Date: 9/10/02 higher or less than the $9.2 million mentioned above. The Resolution The Resolution, APPROVING AN ACQUISITION/FINANCING AGREEMENT for Community Facilities District No. 2001-2 (McMillin Otay Ranch Village Six) is the formal action approving the Acquisition/Finance Agreement, (Exhibit 1). If adopted, the Agreement will accomplish the following: · Establishes the order of priority of improvements to be financed by CFD No. 2001-2. · Establishes the procedure for acquiring the improvements from the developer; · Requires that the improvements (or specified components thereof) be fully completed and accepted by the City prior to acquisition. · The agreement provides that the City may reimburse 75% of the total cost of the grading, drainage, paving, utilities, and landscaping improvements upon the determination by the City Engineer that those improvements have been installed per approved plans with required City Inspection. Those facilities may not be functional at that time, and certain activities (i.e. testing, completion of punch list, preparation of as-built drawings) may still be pending. The 25% final payment may be made once all projects within a phase are fully complete and accepted by the City. · The agreement also conditions the purchase of said improvements to developer's compliance with all the applicable conditions and obligations imposed on the property within CFD No. 2001-2 pursuant to the land use entitlements approved by the City, including but not limited to, payment of all applicable fees, dedication of rights -of-way or other property (i.e. parks, open space, etc), payment of assessments installments or special taxes, and construction of all applicable public improvements. · The Agreement memorializes the requirement to pay into the City's General Fund an amount equal to One-percent (1%) of the principal amount of each series of bonds, in accordance with the CFD Policy, as consideration for the City's agreement to use the City's bonding capacity to provide the financing mechanism for the construction of the proposed improvements. Based on an estimated bond sale amount of $13 million said monetary consideration would be $130,000. Said amount shall be paid prior to bond sale (scheduled for late 2002). Staff has reviewed the proposed agreement and believes that 1) the 25 % payment retention, and 2) the condition requires compliance with approved land use entitlement will provide enough security to guarantee completion of the improvements while ensuring the financial health of CFD No. 2001-2. The City retained the firm of Best, Best and Krieger, LLP as Bond Counsel for CFD No. 2001-2. Bond Counsel drafted this agreement for and on behalf of the City with input and review Page 5, Item ~ Meeting Date: 9/10/02 by City staff, developer legal council, developer and financial team. Future Actions Later this month, the City Council will consider the formal actions approving the necessary bond documents pertaining to CFD No. 2001-2. These documents will be Preliminary Official Statement, Bond Indenture, Market Absorption Analysis, Appraisal, and other pertinent documents related to the bond sale. FISCAL IMPACT: There will be no direct fiscal impact to the City. The developer has paid and will continue to pay all formation costs and has deposited money to fund initial consultant costs, and City staff costs in accordance with the approved Reimbursement Agreement. The City will receive the benefit of the full cost recovery for staff time involved in district formation and annual administration activities. Staff anticipates that most of the CFD No. 2001-2 administration will be contracted out. The CFD administration cost is estimated at $75,000 annually. in accordance with the CFD Policy, as consideration for the City's agreement to use the City's bonding capacity to provide the financing mechanism for the construction of the proposed improvements, the developer will pay one percent (1%) of the total bond authorization. Said requirement will be memorialized in the Acquisition/Financing Agreement. Based on a bond sale amount of $13 million said monetary compensation would be $130,000. Said amount shall be paid prior to bond sale (scheduled for late 2002) and will be deposited into the General Fund. The CFD Policy also stipulates that said compensation is not eligible for financing by CFD No. 2001-2. Attacthments: Attachment A: Acquisition/Finance Agreement for CFD 2001-2 J :\Engineer\AGENDA\CAS 8-27-02.doc Draft 8.14.02 ATTACHMENT.~ ACQUISITION/FINANCING AGREEMENT THIS AGREEMENT is made and entered into this day of. 2002, by and between the CITY OF CHULA VISTA, a charter city duly organized and validly existing under the Constitution and laws of the State of California, (the "City") acting for and on behalf of itself and COMMUNITY FACILITIES DISTRICT NO. 2001- 2 (MCMILLIN - OTAY RANCH - VILLAGE SIX), and MCMILLIN OTAY RANCH, LLC, a California limited liability company (the "Developer"). VV~rIEREAS, the Developer has requested that the City consider the formation of a community facilities district under the terms and conditions of the "Mello-Roos Community Facilities Act of 1982," as amended (Government Code Section 53311 and following) (the "Act"), for the acquisition of certain public improvements, together with appurtenances and appurtenant work within the jurisdictional limits of said City, said community facilities district known and designated as COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN - OTAY RANCH - VILLAGE SIX) (the "Community Facilities District"); and, WHEREAS, Developer, in order to proceed in a timely way with development of its property within that portion of the City known as the Otay Ranch Village 6 (the "Development"), desires to construct certain public improvements (each an "Improvement" and collectively, the "Improvements") described in Exhibit A attached hereto and incorporated herein by this reference that are, following the completion of the construction thereof, to be acquired, owned, operated and maintained by the City; and, WHEREAS, the City and Developer agree that the Improvements may, upon the completion of the construction thereof, be acquired by the City through financing provided by the Community Facilities District at prices determined pursuant to and in accordance with the provisions of this Agreement; and, WHEREAS, the City and the Developer further agree that payment by the City for the acquisition of the Improvements shall be funded solely from the proceeds of bonds which shall be issued by the Community Facilities District and which shall be secured by the levy of special taxes within the Community Facilities District; and, WHEREAS, it is the intent of this Agreement that Developer shall be entitled pursuant to the provisions of this Agreement to be paid for each of the Improvements at the prices as determined by the City pursuant to this Agreement upon: (i) the formation of the Community Facilities District, (ii) the authorization for the levy of special taxes within the Community Facilities District, (iii) the sale and delivery of bonds by the Community Facilities District the proceeds of which shall be authorized and designated to make the payments to acquire such Improvements and (iv) the completion of the construction of each such Improvement; and, WHEREAS, as a condition of approval of the development of the property within the District, the Developer is required to provide for the financing of the maintenance of facilities directly related to the removal of contaminants and solids from storm water throughout the District (the "Storm Water Facilities"); and NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows: SECTION 1. Recitals. The above recitals are all true ~nd correct. SECTION 2. Plans and Specifications. All plans, specifications and bid documents for the Improvements (the "Plans and Specifications") and all changes in the Plans and Specifications necessitated by change orders shalt be prepared by the Developer at the Developer's initial expense, subject to City approval. The costs of acquisition of such Improvements shall include costs of the preparation of the Plans and Specifications and all related documentation as set forth in Section 7 below. Developer shall not award bids for construction, commence construction or cause commencement of construction of an Improvement until the Plans and Specifications for such Improvement have been approved by the City. 1 Draft 8.14.02 SECTION 3. Design, Bid and Construction of Improvements. Developer covenants and agrees that each Improvement to be acquired from Developer pursuant to this Agreement shall be designed, bid and constructed (a) in substantial compliance with the approved Plans and Specifications for such Improvement; (b) in a good and workmanlike manner by well-trained adequately supervised workers; (c) in strict compliance with all governmental and quasi-governmental rules, regulations, laws, building codes and all requirements of Developer's insurers and lenders; (d) free of any known design flaws and defects; and (e) in compliance with the requirements of Exhibit C hereto which is incorporated herein by this reference. SECTION 4. Inspection and Acceptance of the Improvements. The construction activities relating to the Improvements shall be subject at all reasonable times to inspection by authorized representatives of City. Once an Improvement to be acquired by City is substantially completed in accordance with the approved Plans and Specifications, then such Improvement shall be eligible for payment of the Base Increment of the Purchase Price (as defined in Section 7 below) therefor. Prior to acceptance of any Improvement by City for purposes of paying the Retained Increment (as defined in Section 7 below) of the Purchase Price, the Developer shall provide to the City Engineer of the City, or his or her designee (the "City Engineer"), the documentation set forth in this Section 4 and Section 7(c)(ii) below and obtain approval of as-built drawings for the Improvement in accordance with the process described below in this Section 4. The engineer of record for the Improvement ("Engineer of Record") shall file form PW-E-106 (Request for Release of Bonds) with the City Engineer. Within 20 working days of such filing, the field inspector of the City ("Field Inspector") or designee shall issue and transmit to the Engineer of Record a letter requesting (i) as-built drawings and soils reports (when applicable) and (ii) a punchlist of work to be completed or corrections to work to be completed before the Improvement will be eligible for payment of the Retained Increment. Within 20 working days of receipt of the Field Inspector's letter, the Engineer of Record shall prepare redline as-built drawings and submit them, together with any necessary soils reports, to the Field Inspector and the Developer shall complete the items of work and/or corrections specified in the punchlist. Within 10 working days of the Engineer of Record's submittal of the red lined as-built drawings, the Field Inspector shall review such drawings and provide comments. The Engineer of Record shall revise the redline as-built drawings per the Field Inspector's comments and resubmit within 10 working days. The Field inspector shall make his final review within 5 working days of the Engineer of Record's resubmittal and notily the Engineer of Record to prepare mylar as-built drawings and a microfiche copy and submit both to the Public Works Director or his designee and notify the Developer of any punchlist items which remain to be completed. The City and Developer shall make best efforts to perform within the time periods described above. The inability of City or Developer to perform within each time period, notwithstanding its best efforts, shall not constitute a breach of this Agreement. SECTION 5. Warranty of Improvements. At all times prior to the City's acceptance of an Improvement, the Developer shall be responsible for maintaining the Improvement at the Developer's expense. The Developer shall be obligated for the period of twelve (12) months immediately following the City's acceptance of an Improvement to repair or replace, at Developer's expense, any defects or failures resulting from the work of Developer, its contractors or agents. Upon the expiration of such twelve (12) month period, Developer shall assign to City and the Community Facilities District its rights in and to any warranties, guarantees or other evidence of contingent obligations of third persons with respect to such Improvement. As a condition precedent to the payment of the Retained Increment (as defined in Section 7 below) of the Purchase Price, Developer shall post a maintenance bond in a tbrm reasonably approved by the City, cause such a maintenance bond to be posted, or assign Developer's rights under such a maintenance bond naming City and/or the Community Facilities District as beneficiary in an amount equal to fifteen percent (15%) of the Purchase Price of the Improvement in order to secure Developer's 2 Draft 8.14.02 obligations pursuant to this Section. Upon posting of such maintenance bond, the City shall release any performance, labor and material bonds for such Improvement. SECTION 6. Notice of Completion and Lien Releases. Upon completion of the construction of an Improvement, Developer shall notify the City Engineer in writing of such completion and shall prepare and execute a Notice of Completion for such Improvement in the form prescribed by Section 3093 of the California Civil Code and shall record such notice in the Official Records of the County of San Diego. Developer shall cause its con~-actors to provide unconditional lien releases for such Improvement in accordance with Section 3262 of the Civil Code. Notwithstanding the foregoing, City may waive the requirement for a Notice of Completion and lien releases if City determines that as of the date of payment of the Retained Increment of the Purchase Price for an Improvement, title to such Improvement or portion thereof satisfies the requirements for Acceptable Title (as hereinafter defined). SECTION 7. Payment of Purchase Price. (a) Amount of Purchase Price. The amount to be paid by City for the Improvements to be acquired from Developer (the "Purchase Price") shall, as to each such Improvement, (i) be determined by City in accordance with the provisions of this Section 7, (ii) equal the lesser of the cost or the value thereof, (iii) include the reasonable cost or value of eligible appurtenant public facilities, (iv) include the costs of the title insurance policy described in Section 9 (a), and (v) include all other costs of construction and incidental costs eligible under the Act and the Goals and Policies as a part of the cost of the Improvements, including the following: (i) Usual and customary design and engineering costs not to exceed the following percentages: a. Civil engineering - 7.5% of the cost of the construction of the Improvement for which the service was performed. b. Soils engineering - 15% of the cost of the grading for the Improvement. c. Landscape architecture - 10% of the cost of applicable landscaping and irrigation relating to the Improvement. d. Survey and construction staking - 2% of the combined cost of the construction ~c~st'~ and grading for the Improvement. e. Utility engineering/coordination - 3% of the cost of the construction of the applicable dry utilities. (ii) Construction administration and supervision not to exceed, in aggregate, 1.75% of the total construction cost of the Improvement. (iii) Special engineering studies related to "collector" or "transmission" facilities as reviewed and approved by the Public Works Director. (iv) Plan check and inspection fees (less any refunds). (v) Capacity or connection fees related solely to the Improvement. (vi) Costs of acquisition of off-site rights-of-way and/or easements including the following: a. Appraisal and title insurance costs. b. Costs of preparing acquisition plats. Draft 8.14.02 c. The appraised value or actual cost of right-of-way or easement, whichever is less. d. Legal fees and costs related to eminent domain proceedings approved by the City Attorney. (vii) Costs of environmental review, permitting and mitigation related to the Improvement. In no event shall the cost or value of the construction of the Improvements be deemed to exceed the construction contract prices set forth in the contracts and change orders approved by City ("Approved Change Orders") pursuant to the applicable provisions of Exhibit "C" hereto, which is incorporated herein by this reference, or otherwise authorized pursuant to this Agreement. Notwithstanding the foregoing, the aggregate Purchase Price of the acquisition of all new utilities to be owned by a public utility or public utilities may not exceed 5% of the proceeds of the series of the Bonds to be utilized to pay such Purchase Price less that portion of the reserve fund, costs of issuance and other incidental costs allocable to such amount. (b) Incremental Payment of Purchase Price. The Purchase Price for an Improvement shall be payable in not to exceed two increments: the "Base Increment" which shall be an amount not to exceed 75% of the Purchase Price for such Improvement and the "Retained Increment" which shall be an amount not to exceed the remaining, unpaid portion of the Purchase Price for such Improvement determined pursuant to the provisions of (a) above. (c) Requisition for Incremental Payment of Purchase Price. (i) Base Increment. The Developer may submit a written request to the City Engineer for the payment of the Base Increment for an Improvement upon the substantial completion of the construction of such Improvement in accordance with the approved Plans and Specifications. The criteria for determining "substantial completion" of each Improvement is described in Exhibit B and shall mean generally that construction, or work with respect to the Improvement has progressed to the point where it is sufficiently complete so that the Improvement can be utilized for the purpose for which it was intended. Substantial completion of an Improvement shall also mean that all components of such Improvement are substantially complete, e.g., in the case of a roadway Improvement, the components are described in footnote 1 to Exhibit A below. Each Base Increment payment request must be in the form attached hereto as Exhibit D - 1, which is incorporated herein by this reference, and conform to the requirements of (d) below. Each request for payment of the Base Increment for an Improvement shall be accompanied by a copy of the lbllowing documents related to the construction of such Improvement: (1) each construction contract, (2) each change order, (3) each invoice submitted pursuant to such construction contracts, (4) evidence of payment of each invoice such as copies of cancelled checks, and (5) written conditional lien releases executed by each applicable contractor, subcontractor and materialman in a form satisfactory to the City Attorney of the City (the "City Attorney") for the Improvement. (ii) Retained Increment. The Developer may submit a written request to the City Engineer for the payment of the Retained Increment for an Improvement in the form attached hereto as Exhibit D - 2, which is incorporated herein by this reference, upon the submission to the City Engineer of(l) as-built drawings or other equivalent plans and specifications for such Improvement in a form reasonably acceptable to the City, (2) evidence that the Developer has posted a maintenance bond for such Improvement as required by Section 5 hereinabove, (3) evidence of the satisfaction of the requirements of Section 9, hereinbelow directly related to such Improvement and (4) written unconditional lien releases from all contractors, subcontractors and materialmen satisfactory to the City Attorney for the Improvement. (d) Documentation. Any payment request submitted by Developer shall be properly executed and shall include copies of all supporting documents required by subsection (c)(i) or (c)(ii), as applicable. 4 Draft 8.14.02 (e) Review of Payment Request. The City Engineer or his designee shall review each payment request and the supporting documentation accompanying such payment request, lfthe City Engineer finds that any such payment request is incomplete, improper or otherwise not suitable for approval, the City Engineer shall inform Developer in writing within twenty (20) working days after receipt thereof, the reasons for his finding. Developer shall have the right to respond to this finding by submitting further documentation and/or to resubmit the payment request within thirty (30) days after receipt of the denial. The City Engineer shall review any further documentation received from the Developer in support of a payment request and inform Developer of his approval or denial of the payment request as supplemented in accordance with this Section within ten (10) working days after receipt of the supplemental documentation. A resubmit~al of a payment request shall be deemed a new payment request for purposes of this Section. Costs incurred under a construction contract for an Improvement entered into pursuant to the requirements of this Agreement and Approved Change Orders shall be deemed to be reasonable and, subject to the other provisions of this Agreement, shall be included in the Purchase Price for such Improvement. The City Engineer shall, after the sale of the series of Bonds (defined in Section 18 below) pursuant to Section 18 the proceeds of which are intended to be used to acquire the subject Improvements and after his or her approval of a payment request, immediately forward a request to the Director of Finance of the City notifying the Director of Finance of his or her approval of the payment request and requesting that such payment be made to the appropriate payee. The Director of Finance shall process any such request of the City Engineer pursuant to the applicable procedures of the Finance Department and shall make or authorize such payment pursuant to such procedures and subsection (f) below. (f) Payment. (i) Priority of Payment for Improvements. The City and the Developer acknowledge and agree that the cost of acquisition or construction of all Improvements may exceed the aggregate amount of the Bond proceeds which will be available for the payment of that portion of cost of construction or the Purchase Price, as applicable, for all of such Improvements eligible to be paid from the proceeds of the Bonds. As a result the City and Developer agree that the payment of the cost of construction or the Purchase Price, as applicable, for Improvements shall be prioritized as follows: Priority 1: Improvement No. 1 ("Traffic Enhancement Program Improvements") in Exhibit A. Priority 2: Improvement Nos. 2-5 in Exhibit A. Priority 3: Improvement Nos. 6-13 (subject to the conditions set forth in Exhibit A). 'fhe cost of construction or Purchase Price for any lower priority Improvement shall not be paid until the cost of construction or Purchase Price for all higher priority Improvements has been paid or if sufficient proceeds of the Bonds am reasonably determined to be available to fully fund the cost of construction or Purchase Price of the higher priority Improvements, based upon the estimates of the cost of construction or the estimates or approved Purchase Prices, as applicable, for such higher priority Improvements on Exhibit A. (ii) Timing of the Payment of the Purchase Price for an Improvement. Subject to the limitations contained in (i) above and (iii) and (iv) below, the increment of the Purchase Price for each Improvement shall be paid to Developer within thirty (30) days after the date of the City Engineer's approval of the payment request for any such increment; provided, however, no Retained Increment may be paid earlier than thirty-five (35) days after the recording of a Notice of Completion for the Improvement. (iii) Source of Paymeut. Except as provided in the ~bllowing paragraph, the Purchase Price or any increment thereof for an Improvement shall be payable to the Developer solely from those proceeds of the 5 Draft 8.14.02 sale of that series of Bonds as provided in Section 18 hereof authorized and designated for the payment for such Improvement, after all costs of formation of the Community Facilities District and all costs of issuance of such Bonds have been paid and deposits of accrued and capitalized interest to the redemption fund and the initial deposit to the reserve fund have been made. (iv) Withholding of Payment. In addition to the foregoing, the City shall have the right to withhold payment of the Purchase Price or any increment thereof of any Improvement if (a) the Developer is delinquent in the payment of any assessment installments or special taxes levied by the City or a community facilities district established by the City on properties then owned by the Developer within the Conmsunity Facilities District, (b) the City Engineer reasonably determines that the Developer is not then in substantial compliance with all applicable conditions and obligations imposed upon the Developer hereunder or upon the Development pursuant to the land use entitlements approved by the City for the Development, including but not limited to, payment of all applicable fees, dedication of all applicable rights-of-way or other property and construction of all applicable public improvements. The City Engineer shall provide written notice to the Developer of the decision to withhold any such payment and shall specify the reason for such decision. If the payment is withheld as a result of the delinquency in the payment of assessment installments or special taxes, the notice shall identify the delinquent parcels and the amount of such delinquency. If the payment is withheld as a result of substantial non-compliance with a condition or obligation, the notice shalI specify such condition or obligation and what action will be necessary by the Developer to substantially comply with such condition or obligation. Upon receipt by the City Engineer of evidence reasonably satisfactory to the City Engineer of the payment of the delinquent special taxes or assessments or upon the determination by the City Engineer that the Developer has substantially complied with the subject condition or obligation, the City shall forthwith make any payment which has been witttheld pursuant to the provisions of this paragraph. SECTION8. Financing of the Acquisition or Construction of Traffic Enhancement Program Improvements. Subject to adjustment as provided for in the following paragraph, a portion of the proceeds of the Bonds in an amount not to exceed $607,000 (the "District's Traffic Enhancement Program Contribution") shall be deposited in a separate account (the "Traffic Enhancement Program Improvement Account") to be established pursuant to the bond indenture setting forth the terms and conditions pursuant to which the Bonds shall be issued and sold (the "Bond Indenture"). Pursuant to the requirements of this Section 8, the City may frmn time to time authorize the disbursement of funds on deposit in the Traffic Enhancement Program Improvement Account to pay for the acquisition or construction of the Traffic Ehhancement Program Improvements in accordance with the provision of Sections 4 through 8 hereof. The District's Traffic Enhancement Program Contribution represents percent ( %)of the estimated cost (as of the date of this Agreement) of the construction of the Traffic Enhancement Program Improvements allocable to the development of the property within the District (the "District Fair Share Percentage"). Prior to the issuance and sale of the Bonds, the City Manager of the City, or his designee (the "City Manager"), shall recalculate the District's Traffic Enhancement Program Contribution (the "Recalculated Contribution") by multiplying the estimated cost (as of the date of recalculation) of construction of the Traffic Enhancement Program hnprovements by the District Fair Share Percentage. If the Recalculated Contribution differs from the amount of the Traffic Enhancement Program Contribution set fortb in the preceding paragraph, the portion of the proceeds of the Bonds deposited in the Traffic Enhancement Setaside Account shall equal the Recalculated Contribution. If the Traffic Enhancement Program Setaside Amount is recalculated by the City Manager after the issuance of the Bonds, and the amount on deposit in the Traffic Enhancement Program Improvement Account then exceeds the Recalculated Contribution, the City shall authorize the release of such excess amount from the Traffic Enhancement Program Improvement Account and the transfer of such amount therefrom pursuant to the provisions of the Bond Indenture. The City Manager shall also authorize the release of all or any portion of the District's Traffic Enhancement Program Contribution or Recalculated Contribution, as applicable, if Developer provides a cash deposit or letter of credit ("Security") in a form and from a financial institution approved by the City Manager and City Attorney in substitution of the released funds; provided, however, a letter of credit may be provided for an amount not to exceed fifty percent (50%) of the Traffic Enhancement Program Setaside Amount or Recalculated Contribution, as applicable. The amount of funds released shall equal the amount of the Security provided by the 6 Draft 8.14.02 Developer. Any such Security shall be drawn on if and to the extent (a) Developer fails to perform its obligation to pay the District's Traffic Enhancement Program Contribution or Recalculated Contribution, as applicable, when required or to construct the Traffic Enhancement Program Improvements or (b) the City determines that such funds are necessary to finance the completion of the construction of the Traffic Enhancement Program Improvements by the City or by a third party. The Security shall be reduced upon, and in the amount of each payment by Developer toward the cost of the construction or acquisition of the Traffic Enhancement Program Improvements and shall be released in total upon Developer's full satisfaction of its obligation to fund the District's Traffic Enhancement Program Contribution or Recalculated Contribution, as applicable. Funds so released and transferred from the Traffic Enhancement Program Improvement Account shall be authorized to be used to pay for the acquisition of other Improvements pursuant to the provisions of this Agreement and the Bond Indenture. Notwithstanding any other provision herein to the contrary, the City may, in its sole discretion, elect to (a) cause the construction of.Traffic Eohancement Program Improvements or any portion thereof pursuant to a public works contract awarded by the City (the "Public Works Contract"), (b) acquire the Traffic Enhancement Program Improvements or any portion thereof from the Developer pursuant to the terms and conditions of this Agremnent or (c) acquire the Traffic Enhancement Program Improvements or any portion thereof from a third party or otherwise reimburse such a third party for the costs incurred by such third party to construct the Traffic Enhancement hnprovements pursuant to terms and conditions of a separate agreement with such third party ("Third Party Agreement") that shall be equivalent to the applicable terms and conditions of this Agreement and in conformance with the applicable requirements of the Act. It is contemplated at the time of execution of this Agreement that any such Third Party Agreement will be io the form of a Traffic Enhancement Agreement to be entered into by the City, Developer and such third party. If the City elects to cause the construction of the Traffic Enhancement Program Improvements or any portion thereof pursuant to a Public Works Contract, the City may disburse funds from the Traffic Enhancement Program Improvement Account from time to time to make payments pursuant to such Public Works Contract. If the City elects to acquire Traffic Enhancement Program Improvements or any portion thereof pursuant to a Third Party Acquisition Agreement, the City may disburse funds from the Traffic Enhancement Program Improvement Account from time to time to acquire Traffic Enhancement Program Improvements or any portion thereof pursuant to such agreement. The aggregate disbursements from the Traffic Enhancement Program Improvement Account shall not exceed the lesser of (a) the District's Traffic Enhancement Progra~n Set Aside Amount or (b) the Recalculated Contribution. In the event that the District's Traffic Enhancement Program Contribution or the Recalculated Contribution, as applicable, exceeds the funds on deposit in the Traffic Enhancement Program Set Aside Amount, the City may, with Developer's consent, utilize other available Bond proceeds to pay the amount by which the District's Traffic Enhancement Program Contribution or the Recalculated Contribution, as applicable, exceeds the Traffic Enhancement Program Set Aside Amount. If funds remain on deposit in the Traffic Enhancement Program Improvement Account upon completion of the construction or acquisition of Traffic Enhancement Program Improvements, such funds shall be released from the reservation established pursuant to this Section 8 and such funds shall be made available to pay the Purchase Price of other Improvements. In the event that the City elects not to require the construction or acquisition of all or some portion of the Traffic Enhancement Program Improvements, the funds then on deposit in the Traffic Enhancement Program Improvement Account and not then allocated or necessary to pay for the acquisition or construction of Traffic Enhancement Program Improvements shall be released from the reservation established pursuant to this Section 8 and such funds shall be made available to pay the Purchase Price of other Improvements. Except as provided in this Section 8, funds on deposit in the Traffic Enhancement Program Improvement Account may not be utilized to pay all or any portion of the Purchase Price of any other Improvements. The Bond Indenture shall provide that all funds on deposit in the Traffic Enhancement Program 7 Draft 8.14.02 Improvement Account shall be invested in such permitted investments as may be established by the terms of the Bond Indenture. All earnings on such investments shall be deposited in the improvement fund established by the Bond Indenture and shall be available to pay for the acquisition or construction of the Improvements pursuant to the terms of such Bond Indenture and this Agreement. SECTION 9. Audit. The authorized representatives of City shall have the right, upon two (2) days prior written notice to Developer and during normal business hours, to review all books and records of Developer pertaining to costs and expenses inculred by Developer in consiruction of the Improvements. SECTION 10. Ownership and Transfer of Improvements. The conveyance of the Improvements by Developer to City shall be in accordance with the following procedures: (a) Improvements Constructed on Land not Owned by City. As a condition to the payment of the Retained Increment of the Purchase Price, Developer shall cause an irrevocable offer of dedication to be made to City or an outright grant of a fee interest or easement interest as appropriate, in the sole discretion of the City of the appropriate right, title and interest in and to the portion of the applicable property owned by the Developer related to the applicable Improvement, including any temporary constxuction or access easements. Developer, whether or not it is the entity constructing the Improvements, agrees to execute and deliver to the City the documents required to complete the transfer of Acceptable Title for property owned by the Developer upon or within which such Improvements are to be located. For purposes of this Agreement, the term "Acceptable Title" shall mean title to the portion of the propelW to be conveyed free and clear of all taxes, liens, encumbrances, assessments, easements, leases, whether any such item is recorded or anrecorded, except (i) non-delinquent taxes and assessments and (ii) those non-monetary encumbrances and easements which are reasonably determined by the City not to interfere with the intended use of the portion of the property. As a thrther condition to the payment of the Retained Increment of the Purchase Price for any Improvement, Developer at its sole initial cost and expense, subject to reimbursement pursuant to Section 7, shall cause to be issued a policy of title insurance for such portion of the property in an amount not to exceed the Purchase Price and in the form normally required by City in connection with the dedication of land for subdivision improvements and containing such title endorsements as may be reasonably requested by City. City's final acceptance of the portion of the property and the Improvements constructed thereon shall not be unreasonably withheld or delayed. (b) lmprovemants Constructed on Land Owned by City. If Developer is authorized to construct an Improvement on land owned in fee by City or on land over which the City owns an easement Developer shall obtain the necessary encroachment permits to enter such land for purposes of constructing such Improvement. City shall cooperate with Developer in issuing such encroachment permits. The Improvements shall be inspected by City on an ongoing basis. SECTION 11. Grading and Subdivision Improvement Bonds. Except as provided below, Developer shall be required to post or cause the posting of bonds or other security acceptable to the City to guarantee completion of the Improvements in accordance with City's standard subdivision requirements and conditions of approval of the Development (the "Conditions of Approval"). Labor and materials bonds shall also be required to be provided by the Developer's contractor for all Improvements to be constructed under this agreement. Such bonds shall name the City of Chula Vista as additional obligee and shall remain in effect until the final acceptance of the Improvements by the City Engineer. The presence of Bond proceeds shall not relieve the Developer of requiring this obligation of the Developer's contractor. Performance and labor and material bonds fur specific Improvements shall not be required or may be released if: (1) such Improvements constitute a portion of the required subdivision improvements, (2) Bond proceeds equal to 125% of the estimated cost to construct or acquire such Improvements are available and set aside fur such purpose, and (3) the Improvements are to be constructed or acquired entirely with the proceeds of the Bonds. Provided that conditions (l) and (2) are satisfied, if an Improvement is to be constructed or acquired only in part with the proceeds of the Bonds, performance and labor and material bonds shall not be required for that portion of the Improvements to be so constructed or acquired except with respect to the portion that will not be acquired or 8 Draft 8.14.02 constructed with Bond proceeds. In the event that the Bond proceeds that are available and may be set aside to fund the cost to construct or acquire an lmproYement are less than 125% of the estimated cost thereof, the Developer shall be required to provide a performance and labor and material bond or other security satisfactory to the City Engineer and the City Attorney in the amount of such deficiency. City will cooperate with Developer in the termination or exoneration of any performance and labor and material bonds assuring completion of Improvements for which bonds have been sold. The City Engineer shall be the sole judge of determining release of such bonds. SECTION 12. Indemnification by Developer. Developer shall defend, indemnify and hold harmless City, its officers, directors, employees and agents, and the Community Facilities District, its officers, directors, employees and agents from and against any and all claims, losses, liabilities, damages, including court costs and reasonable attorneys' fees by reason of, or resulting from, or arising out of the design, engineering and construction of the Improvements; provided that any claims which relate to the Improvements shall be limited to those arising out of personal injury or property damage caused by actions or omissions by Developer or Developer's employees, agents, independent contractors or representatives which occurred during the period prior to the transfer of title to the Improvements by City, whether or not a claim is filed prior to the date of acceptance of the Improvements. Nothing in this Section 12 shall limit in any manner the rights of the City and/or the Community Facilities District against any of the architects, engineers, contractors or other consultants employed by the Developer which has performed work in connection with construction or financing of the Improvements. Notwithstanding the foregoing, Developer shall have no obligation to defend, indemnify or hold harmless the City, its officers, directors, employees and agents, the Community Facilities District, its officers, directors, employees and agents, from and against any claims, liabilities, losses or damages (including court costs and attorneys' fees) which result from or arise out of the sole negligence or willful misconduct of the City, its officers, directors, employees, or agents, or the Community Facilities District, its officers, directors, employees, or agents. Except as set forth in this Section 12, no provision of this Agreement shall in any way limit the extent of the responsibility of Developer for payment of damages resulting from the operations of the Developer, its agents, employees or contractors. SECTION 13. Obligation of City. Neither the City nor the Community Facilities District has a legal or financial obligation to construct or finance the actual construction of the Improvements. [Except with respect to the Traffic Enhancement Program Improvements,] all costs incmxed for actual construction of the Improvements, including all incidentals thereto, shall be borne by Developer, and the obligations of the City and Community Facilities District are limited to the acquisition of the ltnprovements pursuant to the provisions of this Agreement. SECTION 14. Failure by Developer to Construct Improvements. At any time following commencement of the construction of any Improvements by Developer City detem~ines that such construction is not progressing within a reasonable time in accordance with the Conditions of Approval or the Developer fails to demonstrate a continuing ability to complete the construction of such Improvement in accordance with the Conditions of Approval, the City may give written notice of such failure of performance to the Developer. Developer shall have sixty (60) days from the date of receipt of such notice to either (i) cure such failure of performance by demonstrating to the satisfaction of the City during such cure period reasonable progress in the construction of the hnprovement and a continuing ability to complete the constrnction of such Improvement in accordance with the Conditions of Approval or (ii) reasonably demonstrate that such i~ailure of performance is due to circumstances or conditions beyond Developer's reasonable control ("Force Majeure") including, without limitation, the City's actions, omissions or inaction which result in a delay of performance by Developer, labor disputes, acts of God, war, riots, insurrections, civil commotions, moratoriums, inability to obtain labor or materials or reasonable substitutes for either, fire, unusual delay in transportation, and adverse weather conditions. Should Developer fail to reasonably demonstrate such reasonable progress or such continuing ability to complete the construction of such Improvement or Force Majeure, the obligation of the City to pay the Purchase Price for the acquisition of such improvement pursuant to this agreement may be terminated by the City by providing ten (10) days written notice to the Developer. Upon termination, the City may in its sole discretion then proceed to advertise and bid the'balance of the construction of such Improvement, and there will be no further obligation on the part of the City for payment of the Purchase Price for such Improvement due to Developer pursuant to this Agreement. Draft 8.14.02 In the event that the City chooses not to advertise and bid the balance of the construction of any such hnprovement following such a termination, any monies remaining in the improvement fund for the Community Facilities District and set aside for the acquisition of such Improvement shall be transferred to the redemption fund for the Community Facilities District and used to call outstanding Bonds. SECTION 15. Agreement Contingent. As a precondition to the sale of each series of the Bonds of the Community Facilities District, Developer shall pay in cash to City an origination charge of 1.0% of the amount of the principal amount of such series of the Bonds ("Origination Payment"). Each such Origination Payment shall be at Developer's own expense and not recoverable from the proceeds of the special taxes or from the proceeds of the Bonds. In the event that any series of the Bonds are, for any reason, not sold, the amount of the Origination Payment made for such series of the Bonds shall be returned to the Developer. This Agreement is contingent upon the formation of the Community Facilities District, the authorization by the qualified electors of the Community Facilities District to levy special taxes within each Improvement Area and incur bonded indebtedness for each Improvement Area and the successful sale of Bonds, and it shall be null and void if the first series of Bonds are not sold within a three (3) year period following the date of this Agreement, or any mutually agreed extension; however, this time can be extended by request of the Developer and concurrence of the legislative body. The City may, at its option, suspend the performance of its obligations under this Agreement if, during the 30-day statute of limitations period following the formation of the Community Facilities District, any legal challenge is filed relating to the validity or enforceability of this Agreement, the Community Facilities District proceedings or the issuance of the Bonds. The obligations of the City hereunder shalI be reinstated upon the entry of a final judgment in any such proceedings upholding the validity and enforceability of the Agreement, the Community Facilities District proceedings and the issuance of the Bonds. In the event that a final judgment or other final and non-appealable resolution is entered invalidating or declaring unenforceable this Agreement, the Community Facilities District proceedings or the issuance of the Bonds, the City may, at its option, terminate this Agreement. SECTION 16. Notice of Special Tax. Developer, or the successor or assigns of the Developer, shall provide written notice to all potential purchasers of lots in the form required pursuant to Government Code Section 53341.5 and/or such additional requirements as may be established by the City so advising the potential owner of the fact of the proposed or confirmed Community Facilities District, with said document being executed by the potential purchaser. Such notice shall be provided to the potential purchaser a reasonable time before the potential purchaser becomes contractually committed to purchase the lot so that the potential purchaser may knowingly consider the impact of the special tax in the decision to purchase the lot. A copy of ail such notices executed by actual purchasers shall be sent to the City Engineer. SECTION 17. Limitation of Aggregate Taxes and Assessments. Developer acknowledges that Developer has included in all existing agreements to sell all or any portion of the property to any person or entity for the purpose of constructing and marketing owner-occupied residential dwelling units (a "Builder") and Developer agrees to include in any such future agreement provisions requiring the inclusion of the following "escrow instructions" in all sales by such Builder to residential home owners: (a). At or prior to the close of each such escrow with a residential homeowner, the escrow company shall apply a "calculation formula" previously approved by the City Engineer and deposited with the escrow company by the Builder to determine the aggregate of all annual ad valorem properly taxes, all special taxes authorized to be levied to finance the construction or acquisition of public facilities and all assessment installments authorized to be levied to finance the construction or acquisition of public facilities (the "Total Annual Taxes and Assessments") applicable to the parcel subject to such escrow (the "Applicable Parcel"). (b). If the Total Annual Taxes and Assessments exceed 2% of the sales price of the Applicable Parcel, the Escrow Company will make immediate written demand upon the Builder for deposit into the escrow of the funds necessary to partially prepay the special tax obligation for the Community Facilities District or any other 10 Draft 8.14.02 community facilities district so that the Total Annual Taxes and Assessments will thereafter be equal to or less than 2% of the sales price of the Applicable Parcel. Such funds must be received by the escrow company prior to the close of escrow of the sale of the Applicable Parcel. The calculation of this prepayment amount shall be in accordance with the method of prepayment of special ta/x as set forth in the rate and method of apportionment of special taxes approved by the qualified electors of the Community Facilities District. Upon closing of such escrow, the amount so deposited by the Builder pursuant to this escrow instruction shall be sent by the escrow company to the Director of Finance, together with written instructions that such amount is to be used to partially prepay the special tax obligation of the Applicable Parcel for the Community Facilities District or shall be sent to the community facilities district for which the special tax obligation has been prepaid with similar written instructions. The provisions of this Section 17 related to sales by Builders to residential homeowners shall also apply to any sale by Developer of a parcel to a residential home owner. In addition to any other remedy provided for by law or in equity, the City may enforce the provisions of this Section 17 by an action for specific performance or injunctive relief or both. SECTION 18. Relationship to Public Works. This Agreement is for the construction and acquisition of certain Improvements by City and the sale of the Bonds for the payment of construction and acquisition costs for such Improvements and such other amounts as are herein provided, and is not intended to be a public works contract. In performing its obligations under this Agreement, Developer is an independent contractor and not the agent of City. City shall have no responsibility for payment to any contractor or supplier of Developer. Notwithstanding the foregoing, Developer may be subject to certain public contract requirements as provided in Section 3 of this Agreement. SECTION 19. Sale of Bonds. If and when the Community Facilities District is successfully formed, and authorization for the levy of special taxes and the issuance of bonds by the Community Facilities District approved by the qualified electors of the Community Facilities District, the City shall proceed with the issuance and sale of bonds secured by the levy of special taxes within the Community Facilities District (the "Bonds") tn be issued pnrsuant to the Act. The Bonds shall be sized so that as of the date of issuance of the Bonds the aggregate appraised value of all taxable properties within the Community Facilities District for which the Bonds are being issued shall comply with the value-to-lien standards set forth in the Goals and Policies. The appraised value of taxable property for purposes of this paragraph shall be determined by an independent appraisal undertaken for the City utilizing appraisal assumptions approved by the City and, as to each subsequent series of the Bonds, consistent with the applicable parity bonds requirements. The proceeds of the Bonds sha}l be used in the following priority to (i) fund a reserve fund for the payment of principal and interest with respect to the Bonds; (ii) fund capitalized interest on the Bonds in an amount not to exceed the amount required to pay interest on thc Bonds until sufficient special taxes may be placed on the tax roll to pay the scheduled debt service on the Bonds; (iii) pay for costs of issuance of the Bonds including, without limitation, underwriter's discount, bond counsel fees, printing, and paying agent fees; (iv) pay for the costs of forming the Community Facilities District, including reimbursement of advances of funds to the City by Developer and the Developer's legal, engineering and financial consulting expenses incurred relating to the formation of the Community Facilities District and issuance of the Bonds; (v) pay the costs of the construction or acquisition of the hnprovements pursuant to the provisions of this Agreement The timing of the issuance and sale of the Bonds, the terms and conditions upon which the Bonds shall be issued and sold, the method of sale of the Bonds and the pricing thereof shall be determined solely by the City and shall conform to the Goals and Policies and this Agreement. The sale of the Bonds shall be subject to receipt by the City of a competitively bid or negotiated bond purchase agreement, which is acceptable to the City. The sale of the Bonds shall also be conditional upon the preparation of an official statement that is, in the sole judgment of the City, "deemed final" as such term is used in Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"). 11 Draft 8.14.02 The principal amount of the Bonds to be issued shall be determined in accordance with the Goals and Policies such that the maximum projected annual special tax revenues securing the Bonds equals at least 110% of the projected annual gross debt service on all of the outstanding Bonds. Developer, on behalf of itself, any affiliates of the Developer and any successor or assign of the Developer, agrees (a) to provide all information regarding the development of its property within the District, including the financing plan for such development, which are necessary to ensure that the official statement for such Bonds complies with the requirements of the Rule and all other applicable federal and state securities laws; (b) to enter into a continuing disclosure agreement to provide such continuing disclosure pertaining to the Financing District, the development thereof and the Developer as necessary to ensure ongoing compliance with the continuing disclosure requirements of the Rule and (c) to cause its counsel to provide an opinion of such counsel in a form satisfactory to the underwriter of such series of the Bonds and underwriter's counsel or disclosure counsel, as applicable. SECTION 20. Development Impact Fee Credit, Payment and Reimbursement. The Improvements include public facilities that are included in several City development impact fee programs (each, a "DIF Program"), as indicated in the attached referenced and incorporated Exhibit E. Credits against the applicable DIF Program fees shall be granted in accordance with the applicable City ordinances, regulations and policies. SECTION 2l. Conflict with Other Agreements. Except as specifically provided herein, nothing contained herein shall be construed as releasing Developer from any condition of development or requirement imposed by any other agreement with City. SECTION 22. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval, discretion or acceptance of any party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. SECTION 23. Entire Agreement; Amendment. This Agreement and the agreements expressly referred to herein contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understandings, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waiver, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. SECTION 24. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: Developer: McMillin Otay Ranch, LLC 2727 Hoover Avenue National City, California 91950 Attn: Kelley Thene City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Manager Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party. 12 Draft 8.14.02 SECTION 25. Severability. If any provision of this Agreement is held to be illegaI or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. SECTION 26. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Developer may not assign its rights or obligations hereunder except upon written notice to City within ten (10) days of the date of such assignment indicating the name and address of the assignee. Upon such notice and the assumption by the assignee of the rights, duties and obligations of the Developer arising under or from this Agreement, Developer shall be released by City from all future duties or obligations rising under or from this Agreement. Notwithstanding the preceding sentence, Developer may assign its rights and obligations hereunder as security to lenders for the purpose of obtaining loans to finance development within the Community Facilities District, but no such assignment shall release Developer from its obligations hereunder to City. SECTION 27. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California, Additionally, this Agreement and the construction of the Improvements shall be subject to all City ordinances and regulations relating to the requirement of improvement agreements, land division, improvement security or other applicable development requirements. SECTION 28. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by any other party, or the failure by a party to exercise its rights under the default of any other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by any other party with the terms of this Agreement thereafter. SECTION 29. Singular and Plural; Gender. As used herein, the singular of any work includes the plural, and terms in the masculine gender shall include the feminine. SECTION 30. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. SECTION 31. Construction of Agreement. This Agreement has been reviewed by legal counsel for both the City mid the Developer and shall be deemed for all purposes to have been jointly drafted by the City and the Developer. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a whole and in accordance with its fair meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder. The captions of the sections and subsections of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. SECTION 32. No Obligation to Form Community Facilities District. Developer acknowledges that the decision of the City Council of the City to form the Community Facilities District is a legislative action and the City may not enter into an agreement to obligate the City Council to exercise its legislative discretion in a particular manner or for a particular result. This Agreement does not, therefore, in any way create a contractual, legal or equitable obligation of or commitment by the City to approve the formation of the Community Facilities District. SECTION 33. Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. SECTION 34. Authority of Signatories. Each signatory and part~ hereto hereby represents and warrants to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable such party to enter into this Agreement. ]End of page. Next page is signature page.] 13 Draft 8.14.02 Signature Page to Acquisition/Financing Agreement by and between the City of Chula Vista and McMillin Otay Ranch, LLC, EXECUTED by and between the parties hereto on the day and year tn-st hereinabove written. "CITY" CITY OF CHULA V1STA MAYOR CITY OF CHULA VISTA STATE, OF CALIFORNIA ATTEST: APPROVED AS TO FORM: CITY CLERK JOHN KAHENY, CITY ATTORNEY CITY OF CHULA VISTA CITY OF CHULA VISTA STATE OF CALIFORNIA STATE OF CALIFORNIA "DEVELOPER" MCMILLIN OTAY RANCH, LLC, a California limited liability company By: By: S-I Draft 8.14.02 Exhibit "A" ACQUISITION AND FINANCING AGREEMENT FOR CFD 2001-2 (OTAY RANCH SPA 2) IMPROVEMENT DESCRIPTION AND ESTIMATED COSTS Improvement Number Improvement Description~ Cost Estimate2 1 Telegraph Canyon Road $670,0003 2 La Media Road South (E. Paloma to Olympic Parkway) 1,989,596 3 La Media South Landscaping 509,754 4 Olympic Parkway 3,311,226 5 Olympic Parkway Landscaping 472,374 6 Birch Parkway onsite (Magdalena to SR-125) 1,619,051 7 Birch Parkway Landscaping 269,200 8 Magdalena St. (Phase 1) 398,738 9 Magdalena St. (Phase 1) Landscaping 61,600 10 Magdalena St. (Phase 2) 332,835 11 Magdalena St. (Phase 2) Landscaping 53,680 12 Magdalena St. (Phase 3) 187,620 13 Additional facilities to be financed from the proceeds of Pedestrian Bridge 607,7004 Development Impact Fees payable as a condition of approval of the development of property within CFD Totals $10,483,374 Notes: Som'ces: Developer, McGill Martin Self, Inc. 1/ The description of the hnprovements set forth in this Exhibit "A" is preliminary and general. The final plans and specifications may show substitutes or modifications to the proposed Improvements and proposed Improvements may be added or deleted with the consent of Developer and the City Engineer. Components of all roadway improvements eligible for thnding shall include (i) grading, (ii) wet and dry utilities within the right-or'way, (iii) storm drain facilities, (iv) paving, (v) curb, gutter, sidewalk, medians, (vi) traffic signals, (vii) lighting, (viii) landscaping and (ix) all other appurtenant improvements. 2/ Cost estimates are preliminary and may be modified Ii'om time to time with the consent of Developer and the City Engineer. The Purchase Price of an Improvement shall be based on actual costs. 3/ Cost estimate Ibc the Telegraph Canyon Road i~nprovements constitutes the initial amount to be reserved out of tile proceeds of the Bonds equivalent to % of the estimated total cost of the improvements. The amount reserved may be ~:e~u~e_~d>as set fbrth in Section 8 of the~Acquisition Financing Agreement. At Developer's election, additional proceeds of the Bonds may be disbursed for the Telegraph Canyon Road improvements. A-I DRAFT 8.14.02 EXHIBIT B SUBSTANTIAL COMPLETION CRITERIA General: L Substantial completion of an Improvement for purposes of determining the eligibility of such Improvement for the payment of the "Base Increment" (75% of the Purchase Price) therefore shall mean that the construction or work with respect to such Improvement, including each component of such Improvement, has progressed to the point where it is sufficiently complete so that it can be utilized for the purpose for which it was intended. Substantial completion criteria for each Improvement or component of an Improvement is further described below. 2. Payment for the remaining 25% ("Retained Increment") of the Purchase Price for an Improvement shall be in accordance with Section 7, paragraph (c)(ii) and shall be made ax2er submittal of: a payment request form, as-built plans, posting of maintenance bonds, and submittal of lien release evidence. Substantial Completion Criteria: A. Grading: Grading shall be deemed to be complete upon (I) completion of all preliminary grading work (mobilization, site clearing, remedial grading, overexcavation, installation of subdrainage systems) (2) certification of compaction by the geotechnical engineer, quantity verification by the civil engineer, and confirmation by the City inspector and (3) installation of all surface grading improvements (brow ditches, retaining walls, slope protection and similar improvements) and the certification thereof by the geotechnical engineer and confirmation by the City inspector. B. Sewer: Sewer construction shall be deemed substantially complete upon the installation, flushing, and testing of sewer main line, laterals, cleanouts, manholes, and all other appurtenances of the sewer system as shown on the approved plans and specifications therefore and in accordance with the City standard plans and specifications and the verification of such installation by the civil engineer and confirmation of such installation by the City inspector. C. Storm Drain: Box culverts and headwall structures shall be deemed substantially complete upon installation as shown on the approved plans and specifications therefore and in accordance with the City standard plans and specifications and verification of such installation by the civil engineer, and confirmation of such instaIlation by the City inspector. D. Drainage Facilities: Drainage structures including energy dissipation devices (rip-rap, drop structures, cut-offwalls, etc), drainage diversion structures, facilities required as pan of the environmental mitigation measures, and other drainage channel appurtenances including drainage pipes connecting the brow ditches to the channel, shall be deemed substantially complete for payment of the Base Increment upon the installation thereof as shown on the approved plans and specifications therefore and in accordance with City standard plans and specifications and the verification of such installation by the civil engineer and confirmation of such installation by the City inspector. E. Dry Utility Backbone System: Dry utilities (electric, gas, telephone, CATV) shall be deemed substantially complete upon the installation of the conduits, junction boxes, payment of utility fees, and written acceptance of the facilities by the utility companies. F. Roadway Pavement and Roadway Drainage System: Roadway pavement and drainage improvements shall be deemed substantially complete upon the installation thereof as shown on the approved improvement plans therefore and in accordance with City standard plans and specifications and confirmation of such installatioll by the City inspector of all storm drain pipes, catch basins, drainage inlets and cleanouts for the roadway storm drain system, installation of roadway base material, concrete curb and gutter, and AC pavement including the preparation of the subgrade and base material. G. Other Street Surface Improvements: Street surface improvements including street lights, traffic signals and conduits, signal interconnect, street name signs, roadway signing and striping, and appurtenances shall be deemed substantially DRAFt 8.14.02 complete when installed as shown on the improvement plans and in accordance with City standard plans and specifications and upon confirmation of such instalIation by the City inspector. Street Landscape Irrigation and Planting: Parkway landscaping within the roadway right of way including planting, irrigation, concrete sidewalks, median maintenance strip, pedestrian ramps, channel maintenance roads and all associated subgrade and base material preparation shall be deemed substantially complete upon installation thereof as shown on the approved improvement plans therefore and in accordance with City standard plans and specifications and confirmation of such installation by the City inspector. Slope Landscaping: Landscape planting and irrigation improvements for the slopes outside of the roadway and channel right of way and the regional trail (DG) and fencing shall be deemed substantially complete upon installation thereof as shown on the approved improvement plans therefore and in accordance with City standard plans and specifications and confirmation of such installation by the City inspector. B-2 DRAFT 8.14.02 EXHIBIT "C" DESIGN, BID, CONTRACT AND CHANGE ORDER REQUIREMENTS 43302. General These requirements shall be applied to all improvements proposed to be acquired through the Community Facilities District. Any deviation from these requirements must be approved by the Public Works Director. References to the Public Works Director means the Public Works Director, City Engineer or their designee. The City reserves the right to make the final determination of cost of the Improvements to be acquired in accordance with this Agreement. Design Phase A. Only design costs directly related to the public improvements to be acquired are eligible for inclusion. B. Bidding Documents. Two complete sets of bidding documents, including improvement plans, general provisions, and bid proposal forms shall be submitted to the Engineering Division for review and approval within 15 working days of submittal. Advertising for bids shall not take place until the bidding documents are approved in writing by the City. This procedure shall be followed for each contract proposed to be advertised. Unless otherwise noted, the bidding documents shall conform to the following minimum requirements: 1. Unless impractical due to the nature of the improvement, the bid proposal shall be unit priced rather than lump suni. A.C. pavement, base and sub-base shall be bid on a square foot per inch thickness basis. 2. The bidding documents shall require the bidder/contractor to provide the following bonds: a. Bid Bond - 10% of the amount of the bid. b. Material and Labor Bond - 50% of the contract amount. c. Performance Bond - 100% of the contract amount. The Contractor shall post performance and labor and material bonds for all improvetnents as part of the bid. The City of Chula Vista shall be named as additional obligee with the right to call such bonds if needed. Such bonds shall remain in effect until such time as all improvements are completed and accepted by the City Engineer. The City Engineer shall be the sole judge in determining the release of such bonds. 3. The bidding documents shall require the successful bidder to provide evidence of comprehensive or commercial general public liability insurance in the amount of at least $1,000,000 prior to the award of the contract. 4. Unless otherwise required by the City, the contractor is not required to pay prevailing wages. 5. The bidding documents must clearly state the time, date, and place where bids are to be submitted and opened. C-1 DRAIrF 8.14.02 6. The bidding documents shall clearly state the amount of time to complete the work. The time allowed must be reasonable for the amount of work. Accelerated construction time allowances must be supplementally bid, and are not eligible for public finance unless previously approved by the City Engineer. Bidding Phase A. The Notice inviting Sealed Bids shall be published in the Chula Vista Star News and the San Diego Daily Transcript. The notice inviting bids shall state where bidding documents are available. B. The bidding period following the advertisement of the Notice Inviting Sealed Bids shall be a minimum of 14 calendar days. C. Developer shall provide complete sets of bidding documents to all contractors, subcontractors, or suppliers requesting thegn. A reasonable price may be charged for bidding documents. D. Developer shall keep a log of all persons obtaining bidding documents, and their mailing address. E. Addenda shall be mailed by first class mail to all bidding document holders and the Public Works Director. lfan addendum is required within five working days of the noticed bid opening date, the bid opening date shall be extended. F. Submitted bids shall be in sealed envelopes. G. Bids shall not be accepted after the stated time for submission. H. Bid opening shall be conducted by the Developer at the Developer's place of business or other site mutually acceptable to the Developer and Public Works Director. E. Sealed bids shall be opened and read aloud immediately following the submission time. A City representative shall be invited to attend the bid opening. J. Conditioned bids, unless the bid proposal lists them for all to bid on, shall not be accepted. K. The bid proposals shall confor~n to all state and local laws governing the listing of subcontractors and suppliers. L. The arithmetic of the two lowest bid proposals received shall immediately be checked for errors. M. A tabulation of all bids received shall be provided to the Public Works Director within five working days of the bid opening. N. Award shall be made to the lowest responsible bidder within a reasonable period of time following approval by the Public Works Director. O. A preconstruction meeting shall be held with the contractor prior to beginning the work. A City representative shall be invited to attend the meeting. P. The Notice to Proceed shall be issued within a reasonable period of time following the contract execution. Construction Phase C-2 DRAt~T 8.14.02 A. The City shall be provided a copy of the construction schedule. B. Developer shall require the contractor to conduct weekly construction status meetings to which a City representative shall be invited. Any additional costs incurred for the benefit of the Developer, such as accelerating the construction schedule, shall not be eligible for public financing unless previously approved by the City Engineer. D. Any additional construction costs incurred due solely to delays caused by the Developer shall not be eligible for public financing. E. All contracts and construction related records shall be available to the City as and when required for the final determination of eligible costs for the public financing. This shall include trip tickets and other confirmations of material delivered to the Improvement. 4. Change Orders A. All change orders shall be fully documented and be in a format consistent and be in a format consistent with the original bid items (i.e., show units, unit costs, extensions and total costs). The City Engineer, in his/her sole discretion shall determine the eligibility of each change order for inclusion in the Purchase Price for an Improvement. B. No single change order for a TDIF Improvement shall be eligible for inclusion in the Purchase Price for such Improvement that increases or decreases the original contract amount for the construction of such Improvement by more than $50,000 without City Council approval. C. The aggregate of all change orders for TDIF Improvements, including those for differences between estimated and actual quantities shall not increase the contract amount by more than the amount specified below without City Council approval: Original Contract Range Maximum Aggregate Increase Up to $100,000 10% $ 100,001 to $1,000,000 $10,000 plus 7% of amount over $100,000 More than $1,000,000 $73,000 plus 5% of amount over $1,000,000 -~A!!"- The aggregate of all change orders for any non-TDIF Improvement shall not increase the Purchase Price thereof so as to cause such Purchase Price to exceed the cost estimate for such o Improvement as set forth in Exhibit A by more than 25 Va without City Council approval. D. All change orders involving changes in scope of the project, or increases of contract amounts greater than outlined in C. above shall be submi~ed to the City Council for approval after the construction of the Improvement is completed, but before the payment of any portion of the Purchase Price for such Improvement is authorized by the City Engineer. Change orders that the Developer does not wish to include in the Purchase Price for an Improvement do not need to go to City Council for approval C-3 DRAFT 8.14.02 E. Negotiated set price change orders are acceptable where most of the items of work in the change order have unit prices from the bids. Where change orders are for work that does not have unit prices for a substantial portion of the work contained within the bids, time and materials change orders are preferred. C-4 DR~Vr 8.14.02 EXItlBIT "D-I" BASE INCREMENT PAYMENT REQUEST NO. The undersigned (the "Developer") hereby requests payment in the total amount of $ for the Base Increment of the Purchase Price of the Improvements (as defined in the Acquisition/Financing Agreement by and among the City of Chula Vista (the "City") and Developer and described in Exhibit A to that Agreement), all as more fully described in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby certifies, represents and warrants to the City as follows: He(she) is a duly authorized representative or signatory of DeveLoper, qualified to execute this Payment Request for payment on behalf of Developer and is knowledgeable as to the matters set forth herein. The Improvements that are the subject of this Payment Request have been substantially completed in accordance with Exhibits A and B. The Purchase Price for the Improvements has been calculated in conformance with the terms of the Agreement. All costs for which payment is requested hereby are eligible costs (as permitted in the Agreement) and have not been inflated in any respect. The Base Increment for which payment is requested has not been the subject of any prior payment request paid by the City. All items have been clearly del.ineated as DIF/Non-DIF eligible (all DIF's) and detailed backup and cost breakdown is provided supporting each item. Supporting documentation (such as third party invoices, change orders and checks) is attached with respect to each cost for which payment is requested. The Improvements for which payment is requested were constructed in accordance with the requirements of the Agreement. Developer is in ~:ompliance with the terms and provisions of the Agreement. No mechanics liens or other encumbrances have attached, or to the best knowledge of Developer, after due inquiry, will attach to the Improvements. A copy of a letter of conditional lien release for the Improvements for which payment is requested is included this request. In addition, a letter from the contractor(s) stating that have been paid in full by the Developer for the Improvements for which payment is requested is also included in this request. D 1~1 & -2.7 DRAFT 8.14.02 I hereby declare under penalty of perjury that the above representations and warranties are true and correct. DEVELOPER: Dated: CITY Payment Request Approved for Submission to Director of Finance Public Works Director Dated: D-l-2 DI~AFT 8.14.02 ATTACHMENT I SUMMARY OF IMPROVEMENTS TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. Improvement Purchase Price Base Increment Disbursement Requested [List here all Improvements for which payment is requested, and attach supporting documentation] D-1 3 ' ' DRAFT 8.14.02 EXHIBIT "D - 2" RETAINED INCREMENT PAYMENT REQUEST NO. The undersigned (the "Developer") hereby requests payment in the total amount of $ for the Retained Increment of the Purchase Price of the Improvements (as defined in the Acquisition/Financing Agreement by and among the City of Chula Vista (the "City") and Developer and described in Exhibit A to that Agreement), all as more fully described in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby certifies, represents and warrants to the City as follows: 1. He(she) is a duly authorized representative or signatory of Developer, qualified to execute this Payment Request for payment on behalf of Developer and is knowledgeable as to the matters set forth herein. 2. Developer has submitted or submits herein to the City, if applicable, as-built drawings or similar plans and specifications for the Improvements and such drawings or plans and specifications, as applicable, are true, correct and complete. 3. The Purchase Price for the Improvements has been calculated in conformance with the te~ns of the Agreement. All costs for which payment is requested hereby are eligible costs (as permitted in the Agreement) and have not been inflated in any respect. The Retained Increment for which payment is requested has not been the subject of any prior payment request paid by the City. 4. Supporting documentation (such as third party invoices, change orders, lien releases and checks) is attached with respect to each cost for which payment is requested. 5. The Improvements for which payment is requested were constructed in accordance with the requirements of the Agreement. 6. Developer is in compliance with the terms and provisions of the Agreement. 7. No mechanics liens or other encumbrances have attached, or to the best knowIedge of Developer, after one inquiry, will attach to the Improvements. E I ' * DRAFT 8.14.02 I hereby declare under penalty of perjury that the above representations and warranties are true and correct. DEVELOPER: Dated: CITY Payment Request Approved for Submission to Director of Finance Public Works Director Dated: E-2 DRAFT 8.14.02 ATTACHMENT I SUMMARY OF IMPROVEMENTS TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. Improvement Purchase Price Base Increment Disbursement Requested [List here all hnprovements for which payment is requested, and attach supporting documentation] E-3 t " CJJ ¡:.¡ ¡:.¡ ~ ¡... u < ~~ æ;: -z :I:¡:.¡ [;J:¡: "" o ....¡ ¡:.¡ > ¡:.¡ ~ '" <:> ... - oö f- '" ;:¡ ~ 0;. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN -OTAYRANCH-VILLAGE SIX) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City Council"), has held and conducted proceedings relating to the levy of special taxes and the issuance of bonds in a community facilities district to finance the acquisition of certain public improvements, 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 ofChu1a 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"). Such community facilities district is designated as COMMUNITY FACILITIES DISTRICT NO. 2001-2 (MCMILLIN ~ OTAY RANCH - VILLAGE SIX) (the "District")' and , , WHEREAS, the District was formed for the purpose of financing the acquisition of such public improvements from McMillin Otay Ranch, LLC, the master developer of the property within the District (the "Developer"); and, WHEREAS, the City and the Developer have negotiated the terms and conditions pursuant to which the public improvements are to be constructed by the Developer and acquired by the City and bonds are to be issued to finance the acquisition or construction of such public improvements and such terms and conditions have been memorialized in an Acquisition/Financing Agreement by and between the City and the Developer (the "Acquisition/Financing Agreement"), the form of which has been presented to this City Council for its consideration and approval. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. The form of AcquisitionlFinancing Agreement, herewith submitted, is approved substantially in the form submitted. The Mayor is hereby authorized to execute the final form of such agreement on behalf of the City. The City Manager, subject to the review of the City Attorney and Bond Counsel, is authorized to approve changes in such agreement deemed to be in the best interests of the City, approval of such changes to be evidenced by the execution of such agreement. 1 .- ~d ,0 :;> 7 Presented by: John P. Lippitt Director of Public Works J:/Attorney/reso/acquisition financing agr 2001-2 OR V6 Approved as to form by: John' . Kaheny Ci Attorney 2 (Ö .:::3 ~ COUNCIL AGENDA STATEMENT Item No.: 7 Meeting Date: 09/10/02 ITEM TITLE: Report: Council ratification of proposed member appointments to fill the four (4) positions representing regional environmental interests on the General Plan Update Environment, Open Space & Sustainable Development Subcommittee SUBMITTED BY: Director of Planning and Building/~ REVIEWED BY: City Manager 6 {6,9~ (4/5ths Vote: Yes No X ) As part of Council's July 9, 2002, actions authorizing the formation of Subcommittees related to the City's General Plan Update, staff was to return for Council ratification of proposed appointments for the four (4) positions representing regional environmental interests on the Environment, Open Space & Sustainable Development Subcommittee. The General Plan Management Team is recommending individuals from four environmental interest groups who have, and continue to be engaged in diverse local and regional planning programs. While not requiring ratification, there are several other member appointments to positions on each of the three Subcommittees that have been made, and per direction on July 9, 2002, are presented in this report for the Council's information. RECOMMENDATION: That Council accept the report, and ratify the four proposed members to represent regional environmental groups on the Environment, open Space & Sustainable Development Subcommittee. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background On July 9, 2002, the City Council authorized formation ora committee structure for the General Plan Update consisting of a Steering Committee, and three Subcommittees tied to each of the major topic areas of the General Plan Update (GPU); Economic Development, Environment & open Space, and Infi:astructure & Services (see Attachment 1). The committees serve as a means for ongoing involvement in the Update by key stakeholder interests, members of City boards and commissions, and residents. Staff was directed to proceed with the selection of members, and return to Council for ratification of certain of those proposed selections. Page 2, Item No.: ~7 Meeting Date: 09/10/02 This report only addresses member selections for the Subcommittees. Staff has advertised for persons interested in Steering Committee membership, and has set an application deadline of September 10, 2002. The General Plan Management Team (GPMT) will then review that information, and return thereafter with those proposed selections for Council ratification in early October. In addition, three (3) of the positions on the Steering Committee are to be filled by a member from each of the Subcommittees, and therefore, the Subcommittees must first be formed and must meet to select their representative before the Steering Committee can meet. Appointment of Subcommittee Members As presented in the July 9, 2002, report, the selection and appointment of proposed Subcommittee members consisted of three components; (1) member appointments that were to be returned for Council ratification, (2) member appointments not requiring further Council action because those Subcommittee positions represent City boards or commissions, or an outside group/agency, and were to be selected by that entity to represent them, and (3) member appointments made by the Council with its action on the July 9th report. Items (1) and (2) are the subject of this report as presented below. Council is being asked to ratify the proposed members under item (1). Members selected under item (2) are presented for Council's information. (1) Subcommittee member appointments requiring Council ratification There are four positions on the Environmental & Open Space Subcommittee for regional environmental group representatives. Staff and the GPMT are recommending that Council ratify the following four organization's representatives to fill the noted four positions. Each of these organizations have been, and continue to be, actively involved in regional and local planning, environmental protection and resource management dialog. Together, the four also reflect a cross-section of environmental interests related to the concepts of sustainable development. Staffhas initially contacted each of these proposed members who have expressed a willingness to serve on the Subcommittee. Laura Hunter - Environmental Health Coalition Allison Rolfe - San Diego Audubon Society Geoffrey Smith - Sierra Club, San Diego Chapter Michael Beck - Endangered Habitats League Each of these individuals may also designate an alternate from their organization to cover meetings in their absence. (2) Subcommittee member Appointments not requiring further Council action As noted above, several positions on the Environment, Open Space & Sustainable Development Subcommittee, and the Infxastrncture & Services Subcommittee were to be filled by members appointed by a City board or commission, or an outside organization, to serve as their representative. In these instances, further action by the Council is not Page 3, Item No.: ~ Meeting Date: 09/10/02 required, however, the GPMT was to notify the Council of the selections. Following are the persons selected by the noted group to serve on the particular Subcommittee: Environment, Open Space & Sustainable Development Subcommittee Frank Ohrmond - Otay Valley Regional Park, Citizens Advisory Committee Susan Fuller - Nature Center Board of Trustees Infrastructure & Services Subcommittee A1 Gore - Cultural Arts Commission Mary Jo Buettner - Chula Vista Coordinating Council Joanne Clayton - Housing Advisory Commission Bob Strahl - Parks & Recreation Commission (3) Subcommittee Member appointments made by Council with its action on the July 9th rL~port- · The 14 members of the City's Economic Development Commission (EDC) will serve as the GPU Economic Development Subcommittee. · The 7 members of the City's Resource Conservation Commission (RCC) will serve as the core membership of the 13-member Environment, Open Space & Sustainable Development Subcommittee. · The 9 members of the City's Growth Management Oversight Commission (GMOC) will serve as the core membership of the 13-member Infrastructure & Services Subcommittee. It should be noted that in addition to the appointed membership on the committees, various city staff, and individuals from outside agencies and organizations will be asked to attend meetings from time-to-time to provide and discuss information, and to othenvise serve as technical advisors to the Subcommittees. All the Subcommittee meetings will be noticed, and the public will be invited and encouraged to attend. FISCAL IMPACT: None. This action only regards Council ratification of select member appointments on the Environment, Open Space & Sustainable Development Subcommittee. Staff time and materials associated with supporting the General Plan Update Subcommittees was included with the General Plan Update budget previously approved by Council. Attachments Committees Organizational Diagram 2. Subcommittees Membership Listing J:~Planning\ed\GP Public Outreach\Subcommittee members ratification Al 13 094)34)2.doc ATTACHMENT I General Plan Update Subcommittees Membership List September 3, 2002 Economic Development Subcommittee: William Hall Economic Development Commission (EDC) Kevin Carlson EDC Ramin Moshiri EDC Russ Hall EDC Scott Vinson EDC Mary Wylie EDC Dr. Carl Nelson EDC William Tunstall EDC Dan Hom EDC Nate Rubin EDC Daniel Munoz EDC Charles Moore EDC Environment, Open Space & Sustainable Development Subcommittee: Pamela Bensoussan Resource Conservation Commission (RCC) John Chavez RCC Juan Diaz RCC Stanley Jasek RCC Doug Reid RCC Teresa Thomas RCC Laura Hunter Environmental Health Coalition Allison Rolfe San Diego Audubon Society Michael Beck Endangered Habitats League Susan Fuller Nature Center Board of Trustees Frank Ohrmund Otay Valley Regional Park, Citizens Advisory Committee Geoffrey Smith Sierra Club Infrastructure & Services Subcommittee: Steve Palma Growth Management Oversight Commission (GMOC) Arthur Garcia GMOC Rafael Munoz GMOC Kevin O'Neill GMOC Michael Spethman GMOC Bill Tripp GMOC John Liken GMOC Al Gore Cultural Arts Commission Mary Jo Buettner Chula Vista Coordinating Council Joanne Clayton Housing Advisory Commission Bob Strahl Parks & Recreation Commission Attachment 2 J:\Planning\ed~GP Public Outreach\Committees Administration\ Subcommittees membership list 09/03/2002.doc COUNCIL AGENDA STATEMENT Item Meeting Date 9/10/02 ITEM TITLE: Resolution waiving the competitive bidding process, accepting informal bids and awarding contract for the "Traffic Signal Installation at Eastlake Parkway and Clubhouse Drive" project (TF-303) to T & M Electric, the amount of $46,351.00. SUBMITTED BY: Director of Public REVIEWED BY: City Manager~o~ (4/5ths Vote: Yes __ No X On August 14, 2002, the Traffic Engineering Section received informal bids from four (4) electrical Contractors for the "Traffic Signal Installation at Eastlake Parkway and Clubhouse Drive" project (TF-303). T & M Electric submitted the low informal bid of $46,351.00 for this project. RECOMMENDATION: That Council waive the competitive bidding process, accept the informal bids and award the contract for the "Traffic Signal Installation at Eastlake Parkway and Clubhouse Drive" project (TF-303) to T & M Electric in the amount of $46,351.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The installation for a traffic signal at the subject intersection was approved and budgeted for FY 2002-2003 Capital Improvements Program (CIP). This project is funded under the traffic signal and Transportation's Development Impact Fee (DI]?) funds. The subject intersection is located at the entrance to Eastlake High School, which is currently serving 3,500 students and faculty members. Traffic generated from the school and from new multi-family homes in the vicinity of this intersection has caused some congestion during the morning and afternoon peak hours. As a result, a traffic signal is now warranted for installation. To speed up the process for this installation, traffic signal equipment was purchased ahead of schedule due to recent equipment shortages and anticipated delay of delivery. Most.of the equipment will be delivered and be ready for installation by September 9, 2002. The work to be done for this project will include the installation of controller, cabinet, signal standards, mast arms Light Emitting diode (LED) 12" indications, Internally Illuminated Street Name Signs (IISNS), other signs, meter pedestal, Uninterruptible Power Supply (UPS) system, luminaires, trenching and conduit, Emergency Vehicle Preemption (EVPE), video detection, conductors, cables and wire intersection, striping and restoration of existing improvements. Page 2, Item <~ Meeting Date 9/10/02 Bidding Process Traffic engineering staff recently prepared plans and specifications for the project. Staff also prepared a construction cost estimate of $46,400.00 using average unit prices recently received from contractors on similar types of projects. Upon initial contact with some of the electrical contractors, staff realized that it was evident that staff could get bids under $50,000.00; therefore, staff elected to pursue informal bids in accordance with the City Charter and for the purpose of expediting the administrative process. Staff then contacted seven (7) electrical contractors requesting informal bids for the subject project. On August 14, 2002, staff received informal bids from the following contractors: Contractor Bid Amount T & M Electric $46,351.00 DBX, Inc. $46,940.00 Lekos Electric, Inc. ~ $63,175.00 HMS Construction, Inc. Non-responsive The low bid, submitted by T & M Electric, is below the final engineer's estimate of $46,400.00 by $49.00 or less than 1%. The lowest bidder has performed satisfactorily on previous projects for the City. Disclosure Statement Attached is a copy of the Contractor's Disclosure Statement. Environmental Status The work involved in this project is exempt under Section 15301, Class lc of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (T & M Electric) $46,351.00 B. Contingencies (25%) $11,587.75 C. Purchase of Equipment $76,319.86 D. Staff Costs (Design, Inspection, Contract Administration) $55,741.39 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $190,000.00 Page 3, Item 0 Meeting Date 9/10/02 FUNDS AVAILABLE FOR CONSTRUCTION A. Traffic Signal Fund $95,000.00 B. Transportation's Development Fund (DIF $95,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $190,000.00 After completion of construction, annual signal energy and maintenance costs are estimated to be $3,5O0.00. Prepared by: Maria Luz Malong and Majed AI-Ghafry Attaclmaents: Contractor's Disclosure Statement J:\Engineer~AGENDA\TF303 A 113.doc THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters, which will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or f'man_clal interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, and material supplier. 2. If any person* identified pursuant to (1) above is a corporation or parmership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as ms'tee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent con~'actors you have assigned to represent you before the City in this matter. ..... 5. Has any person* associated w th this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes__No ~ If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the p.~qt twelve (12) months to a current member of the Chula Vista City Council? Yes No ~,/ If Yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4) years to a current member of the Chula Vista City Council? Yes__No v''/If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No ~ If Yes, which official** and what was the nature of item provided? Sl~ature of Contra/~ Print or type name of dlontract0r/Applicant * Person is defined as: any individual, firm, co-parmership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City., employee, or staffmembers. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING PROCESS, ACCEPTING INFORMAL BIDS, AND AWARDING CONTRACT FOR THE "TRAFFIC SIGNAL INST ALLA TION AT EASTLAKE PARKWAY AND CLUBHOUSE DRIVE" PROJECT (TF-303) TO T&M ELECTRIC, IN THE AMOUNT OF $46,351.00 WHEREAS, upon initial contact with some of the electrical contractors, staff realized that it was evident that staff could get bids under $50,000; therefore, staff elected to pursue informal bids in accordance with the City Charter and for the purpose of expediting the administrative process; and WHEREAS, on August 14, 2002, the Traffic Engineering Section received the following informal bids from four (5) electrical contractors for the "Traffic Signal Installation at Eastlake Parkway and Clubhouse Drive" (TF-303): Contractor Bid Amount T &M Electric, Inc. $46,351.00 DBX, Inc. $46,940.00 Lekos Electric, Inc. $63,175.00 HMS Construction, Inc. Non-responsive WHEREAS, the low bid, submitted by T & M Electric, is below the engineer's estimate of $46,400.00 by $49.00 or 1%; and WHEREAS, the work involved in this project is exempt under Section 15301, Class lc of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the competitive bidding process, accept the informal bids, and award the contract for "Traffic Signal Installation at Eastlake Parkway and Clubhouse Drive" project (TF-303) to T & M Electric, in the amount of $46,351.00. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said contract on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Director of Public Works D~ 7. I-J-~ John M. Kaheny City Attorney j:\attomey\reso\TratTic Signal Installation ~-, COUNCIL AGENDA STATEMENT Item ~ Meeting Date: 9/10/02 ITEM TITLE: Resolution Waiving the consultant selection process and approving the Third Amendment to the Agreement with McGill Martin Self, Inc approved by Council Resolmion 2001-132 for providing Project Management, Special Tax Consultant services and Auditing Services for the formation of Community Facilities District No. 08-I (Otay Project, L.P. - Village 6) and authorizing the Mayor to execute said Agreement. SUBMITTED BY: Director of Public Work~ ~ REVIEWED BY: City Manager ~4~ ? (4/Sths Vote: Yes No X) Tonight, Council will consider the approval of the third amendment to the existing agreement with McGill Martin Self, Inc. (approved by Council on May 8, 2001 by Resolution No. 2001-132) for providing project management and special tax consultant services for the formation of Community Facility District No. 08-1 (CFD-08-I) (Exhibit 1). RECOMMENDATION: It is recommended that Council adopt the Resolution waiving the consultant selection process as being in the best interest of the City, approving the subject second amendment retaining the firm of McGill Martin Self, Inc. to provide project managemem and special tax consultant services for the formation of CFD~08-I, and authorizing the Mayor to execute said agreements. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: DESCRIPTION OF THE PROPOSED CFD-08-I On August 27, 2002 the Council accepted the Report on Otay Project's Application to begin the formation of CFD-08-I; approved a Reimbursement Agreement with the developer for consultant fees and City staff costs and adopted the Resolution approving the initiation of proceedings leading to the formation of CFD 08-I. Exhibit 1 presents the boundaries of the proposed CFD-08-I, Otay Project, L.P. - Village 6 totaling 189 gross acres. At build-om Otay Project's Village 6 will be comprised as follows: · 1384 residential units · 3 acres of commercial · 6.7 acres of Community Public Facility Page 2, Item __ Meeting Date 9/10/02 · 10 acres of public schools · 10 acres of public parks The developer is proposing that CFD-08-I finance the acquisition of certain street improvements within Olympic Parkway, La Media Road, Birch Road, internal collector streets, community park improvements, pedestrian bridges and other public facilities described in their application. The District will also contribute to the financing of one or more Traffic Enhancement projects. The developer's estimate of construction cost is approximately $15-18 million when limited to those facilities that would conform to the City's Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts. CONSULTANT SELECTION The Special Tax Consultant's role is to recommend CFD boundaries, provide input into the bond-sizing process, prepare the Engineer's Report and recommend the rate and method of apportionment of the special tax. McGill Martin Self, Inc. ("MMS") was previously selected for this role tbr CFD 99-1 (Otay Ranch Spa 1), CFD 2000-I (Sunbow II), CFD 2001-I (San Miguel Ranch), CFD 2001-2 (McMillin Otay Ranch Village 6) and CFD 06-I (Eastlake Woods and Vistas). The firm's knowledge of the Eastern Territories is extensive and up-to-date. Given their experience and knowledge of the project area, staff believes that McGill Martin Self, Inc. is in a better position to provide the most accurate bond-sizing and special tax rate combination work that is carefully calibrated to cover the necessary project financing costs while not over-burdening the ratepayer and jeopardizing the long term viability of the bonds in the marketplace. The Special Tax Consultant will participate in the preparation of the acquisition/financing agreement and coordinate with the City, property owners, financial consultant team members, private engineers, and other stakeholders involved in the district formation. All of these functions and processes have aspects that are unique to the City of Chula Vista and its practices and policies. MMS has progressed along the learning curve of these processes to the point where it may be counterproductive to train a new Special Tax Consultant for this role. Theretbre, staff recommends that the City's selection process be waived in the interest of providing a consultant: That has demonstrated an ability to work together with City staff and other Consultants on past projects, · That possesses extensive knowledge and experience in their respective fields, · That has mastered a unique understanding of the development issues in the City of Chula Vista, · That has proven its credibility with the bond market by providing support to successful bond offerings for existing projects. I:\Engineer\AGENDA\CAS 9-10-02 CFD081 MMS 3rd Amend.doc Page 3, Item Meeting Date 9/10/02 Retaining MMS now, rather than going through a lengthy selection process will allow the team to begin to focus on the key financing issues early in the process, resulting in a superior bond offering that will materially better serve the City's interests. Given the critical and sensitive nature of each of the elements of a successful bond sale, staff does not believe the benefits of embarking on a selection process now will outweigh the risks to the City of trying to offer bond issuances for major infrastructure that are supported by documentation from consultants who are unfamiliar with the applicable market and the needs of the City. FEE ESTIMATES MMS proposes a total fee of $110,000 broken down as follows: $50,000 for project management services pertaining to District formation, $30,000 for special tax consultant per bond sale and $30,000 Auditing Services per Bond Sale (Auditing Services are optional and at the City's discretion). Recording fees, postage, and large-scale reproduction services are extra and would be billed at cost, estimated to be $5000. Staff has verified that these fees are in line with levels that the City has previously paid. CONSULTANT PAYMENT TO DATE The total tees paid to the Consultant on all City projects (CFD formation and other contracts) over the past twelve months are approximately $1.2 million. FISCAL IMPACT: None to the General Fund. All costs will be funded by the developer and/or property owners and apportioned consistent with the relative benefits received from the improvements being financed. The City will receive the benefit of the full cost recovery for City staff. Exhibit 1: CFD-08-I boundaries JSEngincer\AGENDA~CAS 9-10-02 CFD08I MMS 3rd Amend.doc EXHIBIT I COMMUNITY FACILITIES DISTRICT NO. 08-1 OTAY RANCH VILLAGE SIX Of',6.Y~oH V\u.A6e " rn ÑO!ZJ1.i -------- - - - 1'Pofb~¡æP ~FP eou~~ ~s . Froø",,,Jo: Commo,gnJ VilJags ¡IYO oP-.Y ~~ vl'.......~e~ VitlageSeO'(/r! ct- , RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE THIRD AMENDMENT TO THE AGREEMENT WITH McGILL MARTIN SELF, INC. APPROVED BY COUNCIL RESOLUTION 2001-132 FOR PROVIDING PROJECT MANAGEMENT, SPECIAL TAX CONSULTANT SERVICES AND AUDITING SERVICES FOR THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 08-1 (OTAY PROJECT, L.P. - VILLAGE 6) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on August 27, 2002, the City Council accepted the report on Otay Project's application to begin the fonnation of CFD 08-1; approved a Reimbursement Agreement with the developer for consultant fees and City staff costs and adopted the resolution approving the initiation of proceedings leading to the fonnation ofCFD 08-1; and WHEREAS, given their experience and knowledge of the project area, staff believes that McGill Martin Self, Inc. (MMS) is in a better position to provide the most accurate bond-sizing and special tax rate combination work that is carefully calibrated to cover the necessary project financing costs while not over-burdening the ratepayer and jeopardizing the long tenn viability ofthe bonds in the marketplace; and WHEREAS, MMS will participate in the preparation of the acquisition/financing agreement and coordinate with the City, property owners, financial consultant team members, private engineers, and other stakeholders involved in the district fonnation; and WHEREAS, all of these functions and processes have aspects that are unique to the City of Chula Vista and its practices and policies and MMS has progressed along the learning curve of these processes to the point where it may be counterproductive to train a new Special Tax Consultant for this role; and WHEREAS, staff recommends that the City's selection process be waived in the interest of providing a consultant: · That has demonstrated an ability to work together with City staff and other Consultants on past projects, · That possesses extensive knowledge and experience in their respective fields, · That has mastered a unique understanding of the development issues in the City öf Chula Vista, I q-6 · That has proven its credibility with the bond market by providing support to successful bond offerings for existing projects. NOW, THEREFORE, the City Council of the City ofChula Vista, California, does hereby waive the consultant selection process for the reasons set forth above and approve the Third Amendment to the Agreement with McGill Martin Self, Inc. approved by Council Resolution 2001- 132 for providing Project Management, Special Tax Consultant services and auditing services for the fonnation of Community Facilities District No. 08-1 (Otay Project, L.P. - Village 6), a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement. Prepared by: Approved as to fonn by: n M. Kaheny City Attorney John P. Lippitt Director of Public Works J:\attorncy\MMS 3RD Amend CFD 08-1 2 9-c, THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~~ John M. Kaheny City Attorney -;¿ Dated: ø fr 'Z--- 1-7 Third Amendment to Agreement between City ofChula Vista and McGill Martin Self, Inc. for Project Management and Special Tax Consultant Services for Community Facility Districts for Infrastructure Financing This Third Amendment to the agreement approved by City Council pursuant to Resolution number 2001-132 is made between the City of Chula Vista ("City") and McGill Martin Self, Inc. ("Consultant") with reference to the following facts: Recitals Whereas, the City Council ofChula Vista, by Resolution 2001-132 on May 8, 2001, approved an Agreement ("Original Agreement") with Consultant to provide project management and special tax consultant services in order to ensure the timely fonnation of Community Facility Districts for the financing of public infrastructure for the San Miguel Ranch Project and Village 6 ofthe Otay Ranch Project; and Whereas, Consultant was selected based on the quality of previous similar work perfonned in association with the City's fonnation of Community Facilities Districts 99-01 (Otay Ranch), 99-02 (Village One West), 2000-1 (Sunbow II), 200 I-I (San Miguel Ranch), 2001-2 (McMillin Village 6 of the Otay Ranch) 07-1 (Brookfield Shea Otay - Village II); and Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the tenns and conditions of this Agreement; and Whereas, the City is desirous of continuing to retain McGill Martin Self, Inc. to provide additional project management and special tax consultant services in connection with the fonnation of Community Facility District No. CFD-08-I for the financing of public infrastructure improvements associated with Otay Project, LP - Village 6; and Whereas, the Parties desire to amend the Original Agreement to add Exhibits 1 for Otay Project LP- Village 6, and that all othertenns and provisions of the Original Agreement remain in full force and effect. NOW, THEREFORE, BE IT RESOLVED that the Parties agree to amend the Original Agreement as follows: 1. Consultant shall perfonn all of the services described in the attached Exhibit I; and 2. All the other tenns and provisions ofthe Original Agreement remain in full force and effect. NEXT PAGE IS SIGNATURE PAGE q-g Signature Page to Third Amendment to Agreement between City of Chula Vista and McGill Martin Self, Inc. for Project Management and Special Tax Consultant Services for Community Facility Districts for Infrastructure Financing . IN WITNESS WHEREOF, City and Consultant have executed this Third Amendment to the Original Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its tenns: Dated: ,2002 City ofChula Vista by: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to fonn: John M. Kaheny, City Attorney Dated: Exhibit List to Agreement (X) Exhibit 1. 2 q-q Exhibit I to Third Amendment to Agreement between City ofChu1a Vista and McGill Martin Self, Inc. 1. Effective Date of Agreement: September 10,2002. 2. City-Related Entity: ("City") (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chu1a Vista, a ( ) Other: 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: McGill Martin Self, Inc. 344 "F" Street, Suite 100 Chula Vista, CA 91910 Chula Vista Office (619) 425-1343 Fax Phone (619) 425-1357 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: McGill Martin Self, Inc. Corporate Office 1500 Newell Avenue, Suite 700 3 q-/tJ Walnut Creek, California 94596-5180 Voice Phone (925) 988-9188 Fax Phone (925) 988-0170 7. General Duties: Oversee the establishment of a Community Facility District (CFD-08-I) for the Otay Project, LP - Village 6 development (the "Property"). Develop and maintain concise work plans that identifY critical issues; Establish lines of responsibilities; Prepare and maintain detailed schedule with milestones; Communicate responsibilities to all parties; Conduct meetings, as needed, to maintain project's schedule; Document project meetings and decisions including agenda, action plans and minutes; Track project progress and issue status reports; Coordinate the work of the financing team; Provide special tax consultant services; Prepare the Engineer's report or Special Tax Report; Prepare the acquisition/financing agreement; Recommend financial district boundaries; Coordinate with property owners within the proposed boundaries; F onn financial district; Assist City in the administration ofCFD-08-I; Prepare tables, exhibits and analyses for the bond sale; Review financing documents and prepare staff reports and Council agenda items. 8. Scope of Work and Schedule: A. Detailed Scope of Work: The scope of work tasks have been arranged into two inter-dependent major components as follow: 8.A.1 Project Management Duties · Assist in the fonnation of Otay Project, LP - Village 6 CFD-08-I to acquire certain infrastructure and facilities based on the City ofChula Vista's Policies and the Public Works and Finance Department recommendations. · Act as the interface between the developers and the City for resolution of issues including: a) Facilities to be included in the District b) DIF credits and Non - DIF improvements c) Timing of improvements d) Structure and content of the Acquisition/Finance Agreement . Prepare Council Agenda Statements as requested to the satisfaction of the City Engineer. · Attend City Council meetings and be prepared to present infonnation and answer questions regarding the district fonnation and bond sale. · Document issues, meetings, project progress and decisions, and report thereon to the City 4 () ., rí¡ Engineer, as applicable. · Facilitate district fonnation and bond sale by monitoring progress, acting as departmental liaison, arranging meetings with staff, developers, engineers, and coordinating infonnation between the various parties. 8.A.2 Special Tax Consultant Duties (Per Bond Sale): · Coordinate with City staff, applicant and their consultants on the preparation of the preliminary/final Rate and Method of Spread, special tax allocations, and potential bond sizing infonnation. · Preparation of the district's Boundary Map and recordation. · Prepare the Special Tax Report - collect available data and review, analyze related documents (i.e. Special Tax Report, bid documents, developer reimbursements, cost estimates, cost and quantity audits, City's development Impact Fee Programs, appraisal reports, value to lien ratios, tax fonnu1as, disclosure documents, etc.). · Coordinate with the work of the financing team comprised of a financial advisor, MAl appraiser, market absorption consultant, bond underwriter, bond counsel, or other related consultant expert to establish a public financing district. · Coordinate with the City Clerk and perfonn work associated with the election ballots, amend special tax report and boundary exhibit, if necessary, to bring into confonnance with the final report for Council approval. MMS will execute a special tax consultant certificate, as well as handle the processing of other required certificates. · Prepare tables and other infonnation required by the finance team (such as the Underwriter and Bond Counsels, etc.) for inclusion in the disclosure and bond documents. · Provide final data (maps and infonnation) to the City in digital fonnat after completion of the district. 8 A3 Auditing Services - (IF REQUESTED) · Review the proposed reimbursable audit package for completeness and bring to the attention of the City and/or applicant missing infonnation, detennine the improvements, change order concerns, etc. · Meet with City representatives to discuss the merits of the audit, TmF/Non TmF facilities, and City's acceptance of the particular facility. · Prepare the required spreadsheet for the district and verifY the percentages, improvement area(s), and confinn that the applicant has met the reimbursement criteria. · Review and cross-reference the proposed reimbursable costs and improvements with the approved Acquisition/Finance and Agreement for each District. · Prepare the necessary documents, spreadsheets, and/or tables for the submittal of the recommendation to the City for payment. · Meet with the appropriate City representative and/or inspector to detennine that the facility meets the City standard and a Certificate of Acceptance has been filed. · Prepare and update for each District an audit log by payment request for reference and 5 q-/2 retrieval. 9. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Consultant shall complete all work excluding audit services one year after the Date of Commencement, unless otherwise approved by the City Engineer. D. Date for completion of all Consultant services: Same as above 10. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance including Automobile Liability: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 11. Materials Required to be Supplied by City to Consultant: NI A 12. Compensation: LJ Single Fixed Fee Arrangement. For perfonnance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $ , payable as follows: LJ Milestone or Event or Deliverable: Milestone, Event or Deliverable: Amount or Percent of Fixed Fee: $ $ $ A. () 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, 6 q-13 at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the Phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been perfonned by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. U Phased Fixed Fee Arrangement. For the perfonnance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase 1. 2. 3. Fee for Said Phase $ $ $ ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement 7 q"/If For perfonnance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the perfonnance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following tenns and conditions: U Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perfonn all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (X) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $50,000 for project management, $30,000 for special tax consultant per bond sale, $30,000 for Auditing Services (if requested), and $5,000 for reimbursement of out of pocket expenses in accordance with paragraph 13 for a total compensation of$115,000.00 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. The Consultant will invoice the City on a monthly basis. Project costs will be billed on a time and materials basis in accordance with the below Charge Rate Schedule. The Consultant will not exceed the above budgets without authorization from the City. A request for additional funds would only occur in the case of extreme delays in document submittals, data retrieval, conflicts, audits etc. Charge Rate Schedule Category of Employee of Consultant Name Hourly Rate Senior Principal Principal: EngineeringILand Planning/Surveying /Economics Manager: Engineering/Land Planning/Surveying/Economics Senior Professional* Associate Professional * Assistant Professional * Senior Designer Para Professional/Computer Technician Secretary/Clerk $175.00 $165.00 $140.00 $130.00 $120.00 $105.00 $ 90.00 $ 75.00 $ 60.00 * Applies for all professional staff: Engineers, Planners, Economists, Surveyors, Architects, and Landscape Architects. 13. Materials Reimbursement Arrangement 8 q-/6 For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: U None, the compensation includes all costs. U Copies, travel, data purchases, other expenses not to exceed $ ( ) Copies, not to exceed $ : Cost or Rate U Travel, not to exceed $ ( ) Printing, not to exceed $ ( ) Postage, not to exceed $ ( ) Delivery, not to exceed $ U Long Distance Telephone Charges, not to exceed $ (X) Other Actual Identifiable Direct Costs: Recording fees, postage, and large reproduction services will be billed at cost, not to exceed $5,000: , not to exceed $ 14. Contract Administrators: City: Sohaib Al-Agha, SeniorCivil Engineer Consultant: Greg Mattson, VP McGill Martin Self, Inc. 344 "F" Street, Suite 100 Chula Vista, CA. 92101 Phone (619) 425-1343 FAX 619) 425-1357 15. Liquidated Damages Rate: NA U$_perday. U Other: 16. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest Code: U Not Applicable. Not an FPPC Filer. (X) FPPC Filer 9 q-/b U Category No.1. Investments and sources of income. U Category No.2. Interests in real property. (X) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, pennit or licensing authority ofthe department. (X) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. (X) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City ofChula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. U Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. U Category No.7. Business positions. U List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 17. U Consultant is Real Estate Broker and/or Salesman 18. Pennitted Subconsultants: 19. Bill Processing: A Consultant's billing to be submitted for the following period of time: (X) Monthly (The City will use its best effort to remit payments within 30 days) U Quarterly U Other: Completion of B Day of the Period for submission of Consultant's Billing: (X) First of the Month 10 q-!7 U 15th Day of each Month U End of the Month U Other: C City's Account Number: 00891-2751/05091754-810000 20. Security for Perfonnance U Perfonnance Bond, $ U Letter of Credit, $ U Other Security: Type: Amount: $ U Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City detennines that the Retention Release Event, listed below, has occurred: U Retention Percentage: % U Retention Amount: $ Retention Release Event: U Completion of All Consultant Services U Other: J:\Engineer\LANDDEV\CFD's\Village 6 - ORC Infrastructure\MMS 3rd Amendment.doc 11 q -Ie; PAGE 1, ITEM NO.: ?~ MEETING DATE: 09/10/02 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION APPROPRIATING $15,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE FINE ARTS FUND AND $15,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE RESIDENTIAL CONSTRUCTION TAX (RCT) FUND FOR AMERICAN'S WITH DISABILITIES ACT (ADA) BUILDING REHABILITATION ASSISTANCE FOR THE SAN DIEGO JUNIOR THEATER PROJECT AT 250 THIRD AVENUE AND APPROVING THE ASSOCIATED FUNDING AGREEMENT SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR [~ REVIEWED BY: ciTY MANAGER(..a~, 4/STHS VOTE: YES BACKGROUND The San Diego Junior Theater is leasing a new South County facility at the southwest corner of Third Avenue and Davidson Street. The theater will offer a full program of children's acting classes and provide a new venue for plays produced by the theater. In order to comply with provisions of the Americans with Disabilities Act (ADA) affecting the cost of rehabilitation of the facility, the City has agreed to financially assist the project with funding to meet ADA and building code compliance. RECOMMENDATION Approve Resolution appropriating $15,000 from the unappropriated fund balance of the Fine Arts Fund and $15,000 from the unappropriated fund balance of the Residential Construction Tax (RCT) Fund for American's with Disabilities Act (ADA) building Rehabilitation assistance for the San Diego Junior Theater Project at 250 Third Avenue and approving the associated Funding Agreement. BOARDS/COMMISSIONS RECOMMENDATION Not appJicable. DISCUSSION The San Diego Junior Theater has selected Chula Vista's Third Avenue District for their first South County facility. The location at 250 Third Avenue will provide acting opportunities for community PAGE 2, ITEM NO.: I 0 MEETING DATE: 09/10/02 children and will also serve as a venue for theater productions. The location chosen is at the southwest corner of Third Avenue and Davidson Street. This location fits well with the City's emerging entertainment and cultural zone downtown. The cost of retrofitting older buildings in the urban core is quite expensive. The San Diego Junior Theater building will need extensive retrofits to bring the structure up to today's building code requirements. In particular, the cost of complying with the American's with Disabilities Act (ADA) can be quite expensive. As a result, the City of Chula Vista was approached for assistance with the cost of converting the building to classroom and theater use benefiting the entire community. The use of Redevelopment Funds for construction and rehabilitation purposes has been complicated this year by the adoption of AB 975, which mandates that any use of Redevelopment funds for construction purposes triggers State prevailing wage requirements for all construction labor on a project (not iust that portion funded by the Agency.) The San Diego Junior Theater project is being built with a combination of direct theater funding, as well as donated labor and services. For this reason, Town Centre I Project Area funds are not recommended to be used for this purpose. As a result, other eligible funds are being utilized for assistance. Staff will reimburse the theater for eligible costs incurred up to $30,000 once renovation is completed. It should also be noted thot the City helped OnStage Playhouse with Fine Arts Fund assistance during the retrofit of their facility on Third Avenue back in 1999. The theater is slated to open in early October. The building will have two classroom areas with flexible dividers, allowing the entire building to serve as a theater space when needed. The theater is proposing new signage and art murals on the front and Davidson side of the building. Architect Chris Neils is assisting with construction and architectural services for the facility. FISCAL IMPACT Other proiects which might have been funded with the Fine Arts Fund (Fund No. 611) and the Residential Construction Tax (Fund No. 717) may be delayed or not funded with this action. AnACHMENTS None J:ICOMMDEV\STAFF.REPI09·10.02Iiunioc theate'.doc COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $15,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE FINE ARTS FUND AND $15,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE RESIDENTIAL CONSTRUCTION TAX (RCT) FUND FOR AMERICAN'S WITH DISABILITIES ACT (ADA) BUILDING REHABILITATION ASSISTANCE FOR THE SAN DIEGO JUNIOR THEATER PROJECT AT 250 THIRD AVENUE AND APPROVING THE ASSOCIATED FUNDING AGREEMENT WHEREAS. the City Of Chula Vista supports the need for additional community serving arts .organizations within the downtown Third Avenue District as represented by the San Diego Junior Theater project located at 250 Third Avenue; and WHEREAS, the rehabilitation of the building at 250 Third Avenue requires that the building be brought into compliance with current building codes and the American's with Disabilities Act (ADA) requirements for accessibility; and WHEREAS, the San Diego Junior Theater is a non-profit organization and is dependent upon donations of labor, materials. skills and cooperation from donors and from the host city in helping the organization with the rehabilitation of the facility and compliance with all applicable codes; and WHEREAS, the funding assistance provided by the City Of Chula Vista will permit the facility to open and benefit children from the entire community with youth theater productions, while ensuring additional arts facilities in the downtown area: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chuia Vista, that it hereby approves the Resolution appropriating $15,000 from the unappropriated fund balance of the Fine Arts Fund and $15,000 from the unappropriated fund balance of the Residential Construction Tax (RCT) for American's with Disabilities Act (ADA) building rehabilitation assistance for the San Diego Junior Theater Project at 250 Third Avenue and approving the associated Funding Agreement. Presented by Approved as to form by ~t Chris Salomone Director of Community Development J:\COMMDEV\RESOS~unior theater.doc /0-3 FUNDING AGREEMENT This FUNDING AGREEMENT is entered into effective September 10, 2002, by and between the City Of Chula Vista, a political subdivision of the State of California, ("City") and San Diego Junior Theater, a California Non-Profit Corporation ("Theater"), with reference to the following facts: RECITALS A. WHEREAS, Theater requires additional funding to allow for compliance with the American's with Disabilities Act (ADA) requirements for rehabilitation of the theater space located at 250 Third Avenue; and B. WHEREAS, City has funds available to contribute to Theater, and has determined that the contribution of such funds on the terms and conditions set forth herein will assist in achieving the goals and objectives of the City regarding the provision of cultural arts in the downtown core area; NOW, THEREFORE, in consideration of the above Recitals, the mutual obligations set forth herein, and other valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the City and Theater do hereby mutually agree as follows: 1 . Citv Provision of Funds In consideration of Theater's performance of its obligations under Section 2 hereof, below, City agrees to provide funding to Theater in the amount of $30,000. Such amount shall be paid upon completion of tenant improvements related to ADA compliance to the satisfaction of the City Building Inspection Section. 2. Specific Duties of Theater The specific duties of Theater are the completion of ADA-related tenant improvements and issuance of a Certificate of Occupançy by the City. Theater shall make the facility available for use by children and adults residing in the City under the terms of Theater's standard operating mission. Theater shall remain located within the Downtown Core area (Town Centre I Redevelopment Project Area) as long as financially practicable, and at least until January 1, 2005. Funding Agreement: San Diego Junior Theater Page 1 ;0-"1 3. No Joint Venture: No Third Partv Beneficiaries The relationship of the parties to this agreement is that of independent contractors. No employer-employee, principal-agent joint venture or partnership relationship is created hereby. There are no third party beneficiaries to either party's obligations under this agreement. 4. Indemnitv Theater shall indemnify, protect, defend and hold the City harmless from and against any and all claims for damages, losses, costs or liabilities arising from Theater's conduct under this Agreement or its operation of the Theater. 5. Entire Aareement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all previous agreements, oral or written, in their entirety. NEXT PAGE IS SIGNATURE PAGE Funding Agreement: San Diego Junior Theater Page 2 /tJ· ?~ SIGNATURE PAGE TO FUNDING AGREEMENT IN WITNESS WHEREOF, City and Theater have executed this AGREEMENT thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: City Of Chula Vista By: Shirley Horton, Mayor Approved as to form: John M. Kaheny, City Attorney Dated: San Diego Junior Theater By: ~~~ Will Neblett, Executive Director J:\COMMOEV\EstesITCI~unior theaterlFUNDING AGREEMENT.doc Funding Agreement: San Diego Junior Theater l()-b Page 3 ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item: Meeting Date: 09/10/2002 RESOLUTION REPROGRAMMING $23,150 FROM STATE COPS GRANT 2000 AND AMENDING THE FY 03 POLICE DEPARTMENT BUDGET BY TRANSFERING $23,150 FROM SUPPLIES AND SERVICES TO CAPITAL AND APPROPRIATING $85,000 FROM THE ASSET SEIZURE FUND TO THE GENERAL FUND, ACCEPTING BIDS FOR PURCHASE OF AN INVESTIGATIVE SERVICES VEHICLE, AND AWARDING THE CONTRACT IN THE AMOUNT OF $123,150 TO THE MA TTMAN COMPANY. Chief of pOlice~, City Manag~ ;ø /5ths Vote: Yes_No lU The City has received and evaluated four oposals for an Investigative Services Vehicle. The proposals were submitted in response to a Request for Proposal, which was issued on June 4, 2002. $100,000 was originally appropriated for the purchase of the vehicle. The actual cost of the vehicle is $123,150 and therefore staff is recommending reprogramming $23,150 from the State COPS Grant 2000 grant and transferring $23,150 from Police Supplies and Services to cover the additional cost of the vehicle. Additionally, staff recommends appropriating $85,000 from the Asset Seizure Fund to the General Fund to offset the cost of the vehicle. RECOMMENDATION: That the City Council reprogram $23,150 from State COPS Grant 2000 and amend the FY 03 Police Department budget by transferring $23,150 from Supplies and Services and appropriate $85,000 from the Asset Seizure Fund to the General Fund to offset the cost of the vehicle, accept bids for purchase of an Investigative Services Vehicle, and award the contract in the amount of $123,150, including tax and delivery to The Mattman Company. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Request for Proposal (RFP) #5-01/02 was issued on June 4, 2002 by the City's Purchasing Agent. Six potential bidders were contacted, and there were four submitted proposals in response to the solicitation. Initial staff analysis estimated the cost for the Investigative Services Vehicle to be less than /1-) .._._------"-~- Page 2,ltem: Meeting Date: I( 09/10/2002 $100,000. However, further research revealed the need for a platform of all digital components to maintain compatibility with future video and audio systems. This additional requirement increased costs to over $100,000. Below is a table of the bid responses. VENDOR L nch Diversified Vehicles; Burlin ton, WI The Mattman Com an ; San Marcos, CA Audio Intelli ence Devices; Deerfield Beach, FL Sirchie Fin er Print Laboratories; Medford, NJ UNIT COST $124,379 $114,292 $109,394 $ 71,803 The proposals were evaluated based on their ability to meet the Department's need for a multipurpose vehicle. In addition to the audio and visual systems, key evaluation criteria included the desirability of digital control technology and cooling/heating systems sufficient to allow extended field operations. The Sirchie proposal does not meet our need for a digital platform. While it would be significantly less expensive, an analog platform would be much more difficult to upgrade with new technology and require future appropriations to change from an analog setup to a digital setup. The proposals submitted by Audio Intelligence Devices (AID), Lynch Diversified Vehicles (LDV), and The Mattman Company were found to be suitable for the Department's need for a digital platform. The Mattman Company was selected for the following reasons: · The Mattman Company has been building specialized mobile units for municipal, state and federal law enforcement agencies since 1991. · The Mattman Company is the only vendor located within San Diego County, which will facilitate any repairs needed during the warranty period. The LDV proposal would involve the coordination of local service through at least one third party vendor, which is less desirable than dealing directly with the manufacturer. The AID proposal states that they are still negotiating with a California company to serve as an authorized service center, but does not specify where the service center will be located or when it will be operational. · The Mattman Company has an established presence in San Diego County, having successfully fielded a similar platform with the San Diego Field Division of the Drug Enforcement Administration. While the Department has had prior experience with LDV, having purchased our Mobile Command Post from them in 1999, the mission, size and nature of the Command Post is substantially different than the vehicle requested. 11-2 Page 3,ltem: Meeting Date: II 09/10/2002 DESCRIPTION OF INVESTIGATIVE SERVICES VEHICLE: The Investigative Services Vehicle is based on a heavy-duty cargo vehicle platform, with internal and external modifications to house a number of digital visual and audio systems. This vehicle will be used by a number of investigative units within the Department. STATE COPS GRANT REPROGRAMMING: In 2000 the department was awarded a State Cops More grant to hire several civilian positions; this grant required a local match. As the Department is implementing an amended COPS MORE project, there is a reduction in the local match required. As a result the Police Department can reprogram these savings to other expenditures. FISCAL IMPACT: The cost of this Investigative Services Vehicle is $123,150, including tax and delivery. $100,000 is appropriated for purchase of the Investigative Services Vehicle from Departmental asset seizure and grant funds. The additional $23,150 to be reprogrammed from the State COPS Grant 2000 and transferred from Police Supplies and Services will allow the department to purchase the vehicle with minimal impact to the general fund. Additionally, $85,000 needs to be appropriated from the Asset Seizure Fund to the General Fund to offset the cost of the vehicle. Because of the limited use of this vehicle it is anticipated that it will have a service life of approximately ten years. At that time, staff will seek funding in order to replace the vehicle, The Fleet Manager has estimated the annual maintenance cost for this vehicle at $1,000 per year. ATTACHMENTS: None 11-3 RESOLUTION NO. 2002 RESOLUTION REPROGRAMMING $23,150 FROM STATE COPS GRANT 2000 AND AMENDING THE FY 03 POLICE DEPARTMENT BUDGET BY TRANSFERING $23,150 FROM SUPPLIES AND SERVICES TO CAPITAL AND APPROPRIATING $85,000 FROM THE ASSET SEIZURE FUND TO THE GENERAL FUND, ACCEPTING BIDS FOR PURCHASE OF AN INVESTIGATIVE SERVICES VEHICLE, AND AWARDING THE CONTRACT IN THE AMOUNT OF $123,150 TO THE MATTMAN COMPANY. WHEREAS, request for Proposal (RFP) #5-01/02 was issued on June 4, 2002 by the City's Purchasing Agent for an Investigative Services Vehicle; and, WHEREAS, six potential bidders were contacted, and there were four submitted proposals in response to the solicitation; and, WHEREAS, the proposals were evaluated based on their ability to meet the Police Department's need for a multipurpose vehicle; and, WHEREAS, the Mattman Company was selected based upon best meeting the needs of the department for a multipurpose vehicle; and, WHEREAS, $100,000 was appropriated for the purchase of the vehicle and Staff is recommending reprogramming $23,150 from the State COPS 2000 grant and transferring $23,150 from Police Supplies and Services to Police Capital and appropriating $85,000 from the Asset Seizure Fund to the General Fund to cover the cost of the vehicle; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby reprogram $23,150 from State COPS Grant 2000, transfer $23,150 from Police Department Supplies and Services to Police Department Capital, appropriate $85,000 from the Asset Seizure Fund to the General Fund, accept bids for purchase of an Investigative Services Vehicle, and award the contract in the amount of $123,150, including tax and delivery, to The Mattman Company. Presented by : Approved as to form by: i2toJ f¿ Riéhard P. Emerson Police Chief -------. ~ John M. Kaheny City Attorney ~: /I-Ij COUNCIL AGENDA STATEMENT Item: ]°'L' Meeting date: 9/10/02 ITEM TITLE: RESOLUTION APPROVING THE PROPOSED CIVIC AWARD SPONSORED BY THE HUMAN RELATIONS COMMISSION TO RECOGNIZE INDIVIDUALS AND ORGANIZATIONS THAT CONTRIBUTE THEIR TIME AND/OR RESOURCES TO THE COMMUNITY SUBMITTED BY: Chief of Police~2~~/'- REVIEWED BY: City ManagerShip" RECOMMENDATION: That the City Council approve a new quarterly award called the "Chula Vista Civic Award of Recognition" proposed by the Human Relations Commission. BOARDS/COMMISSION RECOMMENDATION: N/A DISCUSSION: At the February 26, 2002 City Council meeting, the Chula Vista Human Relations Commission proposed a new civic award program to recognize individuals and/or organizations that have made significant contributions for the betterment of the residents of the City of Chula Vista. This recommendation allows another opportunity to recognize those citizens who have contributed to the well being of our community. While this award could be presented on a quarterly basis, it is the commissions belief that the award will be presented less frequently. However, if necessary and appropriate, the process and ability to award quarterly would be in place. The Commission would like to present the award at the regularly scheduled City Council meetings. The nominees for the civic award would not have to be residents of Chula Vista, but the benefits of their work would have to take place or exist within Chula Vista. An example of nominees that would be eligible for the civic award include community outreach organizations, teachers, customer-oriented businesses, senior volunteers, crisis workers, human services providers, retired administrators, students involved in humanitarian endeavors, and individuals working to encourage human enrichment for the community. FISCAL IMPACT: The cost per year would be about $175 to purchase mid-size plaques. The Human Relations Commission has agreed to absorb the costs of the plaques from their current budget, therefore, there would be no new appropriations required. ATTACHMENTS: Letter from Human Relations Commissioner-Chair, Virgil Pina, date July 22, 2002. ATTACHMENT To: Mayor Horton, Chula Vista City Council Members, City Staff, and City Manager Rowiands. From: City of Chula Vista Human Relations Commission, Re: New Civic Award of Recognition's purpose, goal and cost. Dear StaffMembers and esteemed members of the Chula Vista City Council, Because we as a commission have felt a sincere need to more o~en recoLmiTe a growing number of, helping and caring organizations who serve our community, we respectfully request your approval of a new periodic award named the Chula Vista Human Relati~ Commission Civic Award of Recognition. The award's goal is to recognize individuals and or organizations who have contxibated to ex~'ilence within Chula Vista. We are very excited about the possibility of carrying out this new quar~'ly, 4 fim~ p~r year award. The award will come in the form ora mid -size plaque costing approximately $40. lhe total cost per year would be about $160 to $175. Our commissi~ is willing to make the $160 to $175 available from oar yearly budget. We believe the cost is small consi&ring the great benefit it would bring showing appreciation to those who so kindly and generously comribute ~heir time and/or resoure~ to our community and city. Any individual or organization contributing to the well being and/or human enrichment of our city will be eligible for this award. We will ,of course, continue to award Robert Bottererman Humanilarian of the Y~u' Award. The new Civic Award of Recognition would be an added award given by our commission. Unlike the yearly Robert Boterman Humanitarian Award, the new Civic Award of Recognition w~ald be given approximately every 3 months and up to 4 times per year. We believe it would be tremendous if this new civic award could be given at City Council meetings. Nominees for the civic award would not have to be volunteers, or residents of Chula Vista, but the benefits of their work would have to take ~ or exist within oar city. A general example of nominees that would be eligible for the civic award ~aclude community outreach organizations, teachers, customer-oriented businesses, senior volunteers, crisis workers, reading volunteers, disabled human services Inoviders, retiring administrators, students involved in humanitarian endeavors, corporations assisting in community events, and individuals working to encourage wholesome human enrichment for the conummity. We hope you, the Chala Vista City Council, and staff members will give your approval to oar effort - an effort to recognize those who con~bute in making Chula Vista the great and vibrant city it is. We thank you in advance for your helpand we look forward to working together toward good things for great people. Commissioner- Chair, Vigil Pina /'2 RESOLUTION NO. 2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PROPOSED CIVIC AWARD SPONSORED BY THE HUMAN RELATIONS COMMISSION TO RECOGNIZE INDIVIDUALS AND ORGANIZATIONS THAT CONTRIBUTE THEIR TIME AND/OR RESOURCES TO THE COMMUNITY WHEREAS, at the February 26, 2002 City Council meeting, the Chula Vista Human Relations Commission proposed a new civic award program to recognize individuals and/or organizations that make significant contributions for the betterment of the residences of the City of Chula Vista; and WHEREAS, this award would be presented at a regularly scheduled Council meeting on a quarterly basis, although it may be presented less frequently; and WHEREAS, the nominees for the civic award would not have to be residents of Chula Vista, but the benefits of their work would have to take place or exist within Chula Vista; and WHEREAS, an example of nominees that would be eligible for the civic award include community outreach organizations, teachers, customer- oriented businesses, senior volunteers, crisis workers, human services providers for the disabled, retired administrators, students involved in humanitarian endeavors, and individuals working to encourage human enrichment for the community; and WHEREAS, the Human Relations Commission has agreed to absorb the cost of the plaques from their current budget, approximately $175: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approve the proposed civic award sponsored by the Human Relations Commission to recognize individuals and organizations that contribute their time and/or resources to the community. Presented by : Approved as to form by: Richard P. Emerson Police Chief YlC1l11.- ~Þ1- r : John M. Kaheny City Attorney /2-1 COUNCIL AGENDA STATEMENT Item No.: Meeting Date: ~ ITEM TITLE: A. Ordinance Adopting the California Building Code, 2001 Edition with Amendments B. Ordinance Adopting the California Referenced Standards Code, 2001 Edition with Amendments C. Ordinance Adopting the California Mechanical Code, 2001 Edition with Amendments D. Ordinance Adopting the California Electrical Code, 2001 Edition and Uniform Administrative Code Provisions for the National Electric Code, 1996 Edition, with Amendments E. Ordinance Adopting the California Energy Code, 2001 Edition F. Ordinance Adopting the California Plumbing Code, 2001 Edition with Amendments G. Ordinance Adopting the California Fire Code, 2001 Edition H. Ordinance Adopting the Urban-Wildland Interface Code, 2000 Edition with Amendments SUBMITTED BY: Director of Planning and Building Y Fire Chief REVIEWED BY: City Manager~'('/'~// (4/5tbs Vote: Yes No Adoption of the various 2001 Editions of the California Codes is a routine action undertaken by the City every three years in response to newly published Codes. The adoption of these Codes is in conformance with City Council Policy 500-04 as adopted by Resolution 5656 which endorses the establishment and maintenance of uniform building regulations within the jurisdictions of the County of San Diego. ,> Council Agenda Statement Uniform Codes Item No.: Meeting Date: 09/10/'00' RFr.OMMFNIlATION' That the City Council place the ordinances of the various 2001 editions of the California Codes and the 2000 Edition of the Urban-Wildland Interface Code on first reading, ROARIl/r.OMMISSION RFr.OMMFNIlA TION' The Board of Appeals and Advisors at their Monday, August 12, 2002 meeting unanimously recommended adoption of the various 2001 Editions of the California Codes and the 2000 Edition of the Urban-Wildland Interface Code, nlsr.IISSION' As mandated by the Building Standards Commission, State of California, each jurisdiction within the State shall adopt the various 2001 Editions of the Califomia Codes by no later than November 1, 2002, They are: California Building Code, 2001 Edition with Amendments California Referenced Standards Code, 2001 Edition California Mechanical Code, 2001 Edition with Amendments California Electrical Code, 2001 Edition with Amendments Califomia Energy Code, 2001 Edition California Plumbing Code, 2001 Edition with Amendments California Fire Code, 2001 Jurisdictions within San Diego County have met collectively to discuss suggested modifications to the codes during monthly meetings of the San Diego Area Chapter of the International Conference of Building Officials, As such, this process recognizes and promotes code uniformity throughout the jurisdictions within the County creating a positive professional environment among all code users. FISr.AI IMPAr.T' There are no increases in fees proposed in this adoption, The cost of new code books and related training is included in the current year's budget. Attachments: A) California Building Code, 2001 Edition with Amendments B) California Referenced Standards Code, 2001 Edition C) California Mechanical Code, 2001 Edition with Amendments D) California Electrical Code, 2001 Edition and Uniform Administrative Code Provisions for the National Electric Code, 1996 Edition, with Amendments E) California Energy Code, 2001 Edition F) California Plumbing Code, 2001 Edition with Amendments G) California Fire Code, 2001 Edition H) Urban-Wildland Interface Code, 2000 Edition with Amendments ! i ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15,08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING STANDARDS CODE, 2001 EDITION. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That Chapter 15.08 of the Chula Vista Municipal Code is hereby amended to read as follows: Sections: 15.08.010 15.08.020 15.08.030 15.08.040 15.08.041 15.08.045 15.08.050 15.08.060 15.08.070 15.08.080 15.08.090 15.08.100 Chapter 15.08 BUILDING CODE California Building Code, 1998 2001 Edition aRII URifarm BuillliRg Colle, 1997 e<Iiti&R adopted by reference. Subsection 104.2.1 - General, SeetioR 101.2.1 amended to designate Assistant Director of Planning and Building as Building Official. Subsection 105.1 - Board of Appeals and Advisors SeelioR 10S.1 is amended to confer suitability of alternate materials jurisdiction on Board of Appeals. SeetioB 10S.2 is allllell LimitalioRs of !.utkority . Subsection 106.2 - Exempted Work SectioR 10é,2 is amended to delete exemptions for certain types of construction from the requirement to obtain a building permit. Subsection 107.2 amended - Permit fees. Subsection 107.3 SeetioR 301(e) amended - Plan Review fees. SeelioR 107 is ameRllell by alllliRg subseetioR 107.7, ExeelltioR', "-"ai·.lRg fees fer gOyerRmeRt eRlitie., aRII SlIbsectioR 107.8, ReteRlioR of IIlaR', to charge fees Ret eORtaiRell iR the UBC. Subsection lII8d-.! 108.1.2 added to Section 108.1 to authorize compliance survey inspections. Subsection 709.4.1 amended to add an exception to the requirement for parapets. Subsection 904.2.1 amended to require installation of automatic fire-extinguishing system in buildings greater than certain height. Section 1503 amended to provide for more restrictive roof coverings. Subsection 1511.5 added to Section 1511 to require equipment enclosures on roofs. 15.08.010 California Building Code, 1998 2001 Edition aRII URiferm BllildiRg Colle, 1997 ellitioR adopted by reference. There is hereby adopted by reference the California Building Code, known as the California Code of Regulations, Title 24 part 2 allli TJnifeHll Builàiag Celi., ("UBC") 1997 l<àitieR, and Appendix Chapter 3, Division II; Appendix Chapter IS; !.plleRlii" Table!. 29 !.; Appendix Chapter 31, Division II and Division III of that certain document as copyrighted by the International Conference of Building Officials. and the California Building Standards Commission. Chapter II, Accessibility is hereby exempted. Said document is hereby adopted as the Building Code of the City of Chula Vista for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, use, height, and area of all buildings and structures in the City. Providing for the issuance of permits and collection of fees therefor and each and all such regulations, provisions, penalties, conditions and terms of the UnifeHll California Building Code, 199+ 2001 Edition, and Appendix Chapter 3, Division II; Appendix Chapter 15; !.ppenài¡¡ T""I.l. 29 A¡ Appendix Chapter 31, Division II and Division III are hereby referred to, adopted, and made a part hereof as though fully set forth herein, excepting such portions as are hereinafter deleted, modified, or amended. /3-3 15.08.020 Subsection 104.2.1 - General SeelieR 101.2.1 amended to designate Assistant Director of the PlaRRiRg aRII Building Division as Building Official. Subsection See!i<m 104.2.1 of the UnifoHR California Building Code, as it applies in the City of Chula Vista, is hereby amended to read as follows: Subsection See!i<m 104.2.1 General. The Building Official is hereby authorized and directed to enforce all the provisions of this code. For such purposes the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. The Building Official shall be the Assistant Director of the PlanniHg """ Building Division. 15.08.030 Subsection 105.1 - Board of Appeals and Advisors 8eetioR 10S.1 amended to confer suitability of alternate materials jurisdiction on Board of Appeals. SectieR 10S.2 added LimitatioRs of Alltkerity. Subsection See!i<m 105.1 of the UnilèHR California Building Code, as it applies in the City of Chula Vista, is hereby amended to read as follows: Subsection See!i<m 105.1 Board of Appeals and Advisors. To deterntine the suitability of alternate materials, methods of construction and to provide for reasonable interpretation of the provisions of this code, there shall be and is hereby created a Board of Appeals and Advisors consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction. The Building Official shall be an ex-officio member who shall not be entitled to vote and who shall act as secretary to the Board. The Board of Appeals and Advisors shall be appointed by the Mayor and confirmed by the City Council. The Board shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The decision of the Board is fmal. The Board of Appeals and Advisors shall recommend to the City Council such new legislation deemed necessary to govern construction in the City of Chula Vista. S..tieR 195.2 ef the UnifoRR BllildiRg Ced., as it applies iR the city ef Chuta Vi:;ta, is hereBY am8Ràeà BY aààiag a seelioR te r..d as fell"ws: SeetieR 195.2 LimilatieRD ef Auth"rily. The Beard ef appeals shall ha...e Re aIIIhefÌty r.lali·... te int.l'J"retatioR ef the aàmiRistfatiye pre"isieRD ef !hiD eede R"r shall the Beard Be .mpew.red 10 .,...i·..e r.~uir.meRIs efthe e"d.. 15.08.040 Exempted Work-Section 106.2 is amended to delete exemptions for certain types of construction from the requirement to obtain a building permit. Subsection See!i<m 106.2 of the UnilèHR California Building Code as it applies in Chula Vista shall read as follows: Subsection See!i<m 106.2 EXEMPTED WORK. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the city of Chula Vista or cause the same to be done without first obtaining a separate building permit for each such building or structure from the Building Official except as follows: /3-i 2 A. Fences up to seventy-two inches and ftee standing masonry walls up to forty-eight inches in height above the highest adjacent grade. B. Detached patio covers, not exceeding twelve feet in height, with a projected roof area not to exceed one-hundred forty-four square feet and at least six feet from any building or structure on the same property. C. One-story detached accessory buildings, not exceeding twelve feet in height used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one-hundred forty-four square feet and are located so as to comply with the provisions ofChula Vista Municipal Code, Section 19.58.020. D. Oil derricks. E. Movable cases, counters, and partitions not over five feet, nine inches in height. F. Retaining walls which are not over three feet in height measured ftom the top of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. G. Television and radio antennas less than thirty-five feet in height. H. Awnings projecting not more than fifty-four inches and attached to, and supported by, the exterior walls of buildings of Group R-3, Division 3 or U Occupancy. I. Platforms, walks and driveways not more than thirty inches above grade and not over any basement or story below. J. Temporary motion picture, television and theater stage sets and scenery. K. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed five-thousand gallons. L. Fish ponds, reflective pools or other decorative water containers with a wet surface area of one-hundred square feet or less and a maximum depth of eighteen inches to the flood rim. M. Repairs which involve only the replacement of component parts of existing work with similar materials for the purpose of maintenance, and which do not aggregate over $500.00 in valuation in any twelve- month period, and do not affect any elecrrical, plumbing or mechanical installations. Repairs exempt ftom permit requirements shall not include any addition, change, or modification in construction, exit facilities, or permanent fixtures or equipment. Specifically exempted ftom permit requirements without limit to valuation are: I. Painting, papering, decorating and similar work. 2. Installation of floor covering. 3. Cabinet work. 4. Outside paving of R-3 and U Occupancies parking surfaces. (CCR Title 24 Disabled Access Required.) 5. Re-roofmg buildings of Group R and U Occupancies of less than five-hundred square feet or less than fifty percent of roof covering replacement. /3-5 3 This section shall not be construed to require separate building permits for dwelling and accessory buildings or structures on the same property which are described in the building peIItÙt application, plot plan and other drawings. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the City of Chula Vista. 15.08.041 Subsection 107.2 amended - Permit fees. Subsection 107.2 of the California Building Code is amended to read as follows: Subsection 107.2 Permit Fees. Permit fees shall be as svecified in the Master Fee Schedule of the City of Chula Vista. 15.08.045 Subsection SectioR 301(.) 107.3 amended - Plan Review fees. Subsection Se.tioR 391(0) 107.3 of the u:mfoHR California Building Code is amended to read as follows: Subsection ScotioR 391(0) 107.3 Plan Review Fees. When a plan or other data are required to be subrnitted by SeotieR 392(0) Subsection 106.3.2, a plan review fee shall be paid at the time of submitting plans and specification for review. Said plan review shall be as specified in the Master Fee Schedule. IS.08.0S0 SeclioR 107 i. am.Rdell by alllliRg sub.eetioR 107.7, EX.ClltioR', wamRg fe.s fer goverRmeRt eRtitics, 0811 SlIbseetioR 107.8, Rct.RtioR of IIlaRs, to ekarge fees Rot cORtaiRed iR tile UBC. 811ÐsestieR 1Q7 ef the UnifeHR Bllildillg Cede i. kerooy amooocà, as it aplllie. ill CkuI. Viota, by the .dàitieR ef the fellewiag: SestieR 19').7 gJWelltieRo. The Uillted State. Ge'/cmmell!, State ef C.lifami., sskeal àiotrist., seURties, silie. aIIà ether puhlis ageR€ies shall Ret be re'JUired te pay .ay fees for l'iliRg aa applieatieR for a builàiRg permit pllfsuaat te this sede. SestieR 197.8 RcteatieR efPlaas. The reteRlieR efplans, spcsil'ioatioRs aad pem1its are fer the life ef the buildiRg. Theref<!re, the applisant shall be oharged a fee te .ever the aotual sest ef misrel'ilatiag suoh dasumeRts as speoified iR the Moster Fee Schedule. 15.08.060 Subsection lII8d-.! 108.1.2 added to Section 108.1 to authorize compliance survey inspections. Subsection. .()&.h.J. 108.1.2 is hereby added to Section 108.1 of the UøifaHR California Building Code, as it applies in Chula Vista, and said subsection (h) shall read as follows: Subsection SeetieR.w&-J..I, 108.1.2 Compliance Survey Inspection. Upon receipt of a written request for a compliance survey from the owner and payment of the fee specified in the Master Fee Schedule, the Building Official may inspect an existing structure to ascertain its compliance with the provisions of this code and other applicable laws and ordinances, and report fmdings in writing to the owner. 13 -0 4 15.08.070 Subsection 709.4.1 amended to add an exception to the requirement for parapets. Exception 6 is hereby added to subseetisR ~ efSubsection 709.4.1 of the UÐifefFfl California Building Code, as it applies in Chula Vista, which EXCEPTION 6 shall read as follows: Exception 6. Conversion of existing Group R occupancies to offices. 15.08.080 Subsection 904.2.1 amended to require installation of automatic fire-extinguishing system in buildings greater than certain height. Subsection 904.2.1 of the UnifoHR California Building Code is hereby amended, as it applies in Chula Vista, by the addition ofthe following: In every building regardless of occupancy, group or type of construction, when such building is more than forty feet or four stories or more in height. 15.08.090 Section 1503 amended to provide for more restrictive roof coverings. Section 1503 of the URiform California Building Code as it applied in Chula Vista is amended as follows: Section 1503. The roof covering on any structure regulated by this code shall be as specified in Table No. 15-A and as classified in Section 1504. Wood shingles and wood shakes shall have a minimum Class "C" fire-resistive rating. 15.08.100 Subsection 1511.5 added to Section 1511 to require equipment enclosures on roofs. Subsection 1511.5 is hereby added to Section 1511 of the URifeHR California Building Code, as it applies in Chula Vista, which subsection 1511.5 shall read as follows: Subsection Seetiea 1511.5 Equipment Enclosure. Operating equipment, including piping and ducts located on the roof of a building, shall be shielded from view from public thoroughfares, private and public parking lots. Equipment enclosures shall not be constructed so as to trap flammable or combustible vapors. Exception: Solar collectors. Does not include structural supporting members. SECTION II. FINDINGS AND DECLARA nON The City Council of the City of Chula Vista specifically and expressly fmds and declares that each of the amendments noted above to the 2001 Edition of the California Building Code is necessary due to local climatic, geological and topographical conditions. SECTION III. ENVIRONMENTAL IMPACT. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defmed under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. /3 -7 5 SECTION IV. EFFECTIVE DATE. TIris ordinance will take effect and be in force on November I, 2002. Presented by Approved as to form by Robert Leiter Director of Planning and Building ~~~M/kdf Jo Kaheny ity Attorney ~ Brad Remp, C.B.O Assistant Director/B /3 -F 6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2001 EDITION. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That Chapter 15.10 of the Chula Vista Municipal Code is hereby amended to read: Chapter 15.10 REFERENCED STANDARDS CODE Sections: 15.10.010 15.10.020 California Referenced Standards Code 1998 2001 Edition adopted by reference. Subsection 12.1.105.2 of Section 12.1.105 amended to designate Board of Appeals and advisors as board of appeals. 15.10.010 California Referenced Standards Code, 1998 2001 Edition, adopted by reference. There is hereby adopted by reference that certain document known and designated as the California Referenced Standards Code, know as California Code of Regulations, Title 24 part 12, 1998 200 I Edition as copyrighted by tho IatematieRol CeRfercaee sf BuildiRg Offisiols the California Building Standards Commission. Said document is hereby adopted as the California Referenced Standards Code of the City of Chula Vista, California, for the purpose of providing ntinimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within this jurisdiction and certain equipment specifically regulated herein. 15.10.020 Subsection 12.1.105.1 of Section 12.1.105 amended to designate Board of Appeals and Advisors as Board of Appeals. Subsection 12.1.105.1 of Section 12.1.105 of the California Referenced Standards Code 1998 2001 Edition, and the title precedent thereto, as it applies in the City of Chula Vista, is hereby amended to read as follows: Board of Appeals and Advisors. 8eetiea Subsection 12.1.105.1 - General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official or fIre chief relative to the application and interpretations of this code, there is hereby established a Board of Appeals and Advisors consisting of seven members who are qualifIed by experience and training to pass upon matters pertaining to building construction, use and occupancy. The Assistant Director of the Planniag aIId Building Division and the Fire Marshal shall be ex- officio members who shall not be entitled to vote. The Assistant Director of the Plor--Hag """ Building Division shall act as secretary to the Board. The Board of Appeals and Advisors shall be appointed by the Mayor and confIrmed by the City Council. The Board shall render all decisions and fmdings in writing to the Assistant Director of the Planuing aIId Building Division with duplicate copy to the appellant. Appeals to the board shall be processed in accordance with the IIrevisiÐßS seataiaed ia Chapter 5 sf this sed. er ia aseer"""s. with such procedures as may be prescribed by the City Attorney of the City of Chula Vista. The decision of the Board is fmal. The Board of Appeals and Advisors shall recommend to the City Council such 1~-1 I new legislation deemed necessary to govern construction, use and occupancy of structures in the City of Chula Vista. SECTION II. ENVIRONMENTAL IMPACT. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. SECTION IV. EFFECTIVE DATE. This ordinance will take effect and be in force on November I, 2002. Presented by Approved as to form by Robert Leiter Director of Planning and Building ~~Æ~ Brad Remp, C.B.O Assistant Director/Building Official 13-/0 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 2001 EDITION. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That Chapter 15.16 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.16 MECHANICAL CODE Sections: 15.16.010 15.16.040 15.16.050 California Mechanical Code 1998 2001 Edition aRd U..iferm Meella..ieal Celie, 1997 Eèiti<m adopted by reference. Subsection SeetioB 108.1 amended to designate Building Official. Subsection SeetioB 110.1 amended to confer suitability of alternate materials jurisdiction on Board of Appeals. Subsection 115.1_amended to specify local fee structure. Subsection 115.3 SeelieR 301(e) ame..lled Plan review fees. is deleted. 15.16.020 15.16.030 15.16.010 California Mechanical Code 1998 2001 Edition 0..11 Uniferm MeehaRieal Cede, 1997 Eèiti<m adopted by reference. There is hereby adopted by reference, that certain document known and designated as the California Mechanical Code, -l99& 2001 Edition, known as the California Code of Regulations, Title 24 part 4, aaà UHifoHR Meelumieal Cede, 1997 EditieR and Appendix A, Chapter 13, Part I. of Appendix B, And Appendix C thereof as copyrighted by the Iatematienal CenfereRee ef Builàiag OfHeiols ("UMC") International Association of Plumbing and Mechanical Officials and the California Building Standards Commission. Said document is hereby adopted as the Mechanical Code of the City, providing for and regulating the complete installation and rnaintenance of heating, ventilation, cooling and refiigeration systems, and providing for the issuance of permits therefore, and each and all such regulations, provisions, penalties, conditions and terms of the California Mechanical Code, -l99& 2001 Edition, aIId UÐif"HR Mechanieal Cede, 1997 EàitiOR and Appendix A, Chapter 13. Part I. of Appendix B and Appendix C thereto are hereby referred to, adopted and made a part hereof as though fully set forth herein, excepting such portions as are hereinafter deleted, modified or amended. 15.16.020 Subsection SeetioB 108.1 amended to designate Building Official. Subsection Seeti<JR 108.1 of the UÐifoHR California Mechanical Code, as it applies in Chula Vista, shall read as follows: Subsection Seeti<JR 108.1 - General. The Building Official is hereby authorized and directed to enforce all the provisions of this code. For such purposes the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rnles and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. The Building Official, herein referenced, shall be the Assistant Director of the PI.neiRg aIId Building Division. !;;7, I ¡ :?... ! 15.16.030 Subsection SeeâøB 110.1 amended to confer suitability of alternate materials jurisdiction on Board of Appeals. Subsection Seetioo 110.1 of the T_'nifsHR California Mechanical Code, as it applies in Chula Vista, shall read as follows: Subsection Seetioo 110.1 - Board of Appeals and Advisors. To determine the suitability of alternate materials, methods of construction and to provide for reasonable interpretation of the provisions of this code, there shall be and is hereby created a Board of Appeals and Advisors consisting of seven members who are qnalified by experience and training to pass upon matters pertaining to mechanical design, construction and maintenance and the public health aspects of mechanical systems and who are not employees of the jurisdiction. The Building Official shall be an ex-officio member who shall not be entitled to vote and who shall act as secretary to the Board. The Board shall be appointed by the Mayor and conflIll1ed by the City Council. The board shall render all decisions and findings in writing to the Building Official a duplicate copy to the appellant. The decision of the Board is final. 15.16.040 Subsection 115.1 amended to specify local fee strncture. Subsection 115.1 of Section 115 of the umfeHR California Mechanical Code, as it applies in Chula Vista, shall read as follows: Fees. Subsection 115.1 - General. Fees shall be assessed in accordance with the Master Fee Schedule of the City of Chula Vista. 15.16.050 Subsection 115.3 SeelioR 301(0) ameRded Plan review fees. is deleted. Subsection 115.3 SeetioR 391(0) of the L'nifaHR California Mechanical Code, as it applies in Chili. Vista, shall road as fallews, is deleted. So.tieR 391(0) Plaa R~yio'.y Fees. WheR' plaR or ether data are reEJUired Ie he sllimtitled hy Se.tieR 392(h), a plall shall be paid at the time of 5u1Jmittiftg plans aIId speoilieatieRs fer royio'.\'. The plaa review foes fer meobani..1 werk shall he as spe.ilieà iR the M.ster Fee Soheàllie efthe City ef Chula Vi,!.. SECTION II. ENVIRONMENTAL IMPACT. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. ! 6 ~r2 SECTION IV. EFFECTIVE DATE. This ordinance will take effect and be in force on November I, 2002. Presented by Approved as to form by Rober! Leiter Director of Planning and Building ~.-/ ~~ Brad Remp, C.B.O Assistant Director/Building Official /3 ~/3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2001 EDITION AND THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, 1996 EDITION. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as follows: Sections: 15.24.010 15.24.015 15.24.020 15.24.025 15.24.030 15.24.035 IS.21.010 15.24.045 15.24.050 15.24.055 15.24.060 Chapter 15.24 ELECTRICAL CODE AND REGULATIONS California Electrical Code, 1998-2001 Edition, NatieRaI Eleetrieal Code 199é EditioR and Uniform Administrative Code Provisions for the National Electrical Code. 1996 Edition. adopted by reference. Subsection W3W 203.1 of the Uniform Administrative Code Provisions for the National Electrical Code amended - Board of Appeals and Advisors. Subsection mw 201.1 of the Uniform Administrative Code Provisions for the National Electrical Code amended - Enforcement authority- Powers and duties of the Building Official. Subsection 3II4W 304.1 of the Uniform Administrative Code Provisions for the National Electrical Code amended to have permit fees reference City's Master Fee Schedule. Subsection SeetioR 301(b) 304.2 of the Uniform Administrative Code Provisions for the National Electrical Code ameRllell to ha-/e IIlaR re-.iev: fces refereRee city's master fee selledllle. is deleted. Previously used materials. Fees fer lIermits aRII IRslleetioRs. Distribution panels - Separate required when. Circuit cards to he posted when. Electric fences - Defined - Prohibited. Phase arrangement - Amended. 15.24.010 California Electrical Code 1998 2001 Edition, NatiaRal Electrical Colle 199é EllitioR and Uniform Administrative Code provisions for the National Electrical Code. 1996 Edition. adopted by reference. There is hereby adopted by reference that certain document known and designated as the California Electrical Code, 1998 2001 Edition, known as the California Code of Regulations Title 24, Part 3, """ ÞTa!ienal lilectrieal Cade, 19% liditian, ao publioll_d by the Þia!ioRal Fire PrctectieR AosÐeiatieR, and iRciudiRg the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition as published by the International Conference of Building Officials. Said documents are hereby adopted as the Electrical Code of the City of Chula Vista, California regulating the installation, repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature whatsoever, whether inside or outside of any building, and issuance of permits and providing for the inspection thereof. 15.24.015 Subsection W3W 203.1 of the Uniform Administrative Code Provisions for the National Electrical Code amended - Board of Appeals and Advisors. I " {/I"- " 1'1 ;'-1' , Subsection (aJ ef SeotieR 293 203.1 of the Uniform Administrative Code Provisions for the National Electrical Code is amended to designate the Board of Appeals and Advisors as the Board of Appeals. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretations of this code, there shall be and is hereby created a Board of Appeals and Advisors consisting of seven members who are qualified by experience and training to pass upon matters pertaining to electrical aspects of construction. The Building Official shall be an ex-officio member who shall not be entitled to vote and who shall act as secretary to the Board. The Board of Appeals and Advisors shall be appointed by the City Council from the qualified electors ofthe City in accordance with the provisions of Section 600 et seq. of the Charter. The Board shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The decision of the Board is final. The Board of Appeals and Advisors shall recommend to the City Council such new legislation deemed necessary to govern electrical aspects of construction in the City of Chula Vista. 15.24.020 Suhsection ~ 201.1 of the Uniform Administrative Code Provisions for the National Electrical Code amended - Enforcement authority- Powers and duties of the Building Official. Subsection (a) sfSectieR 201201.1 of the Uniform Administrative Code Provisions for the National Electrical Code amended as it applies in Chula Vista shall read as follows: Subsection SeetieR 201(a) 201.1- General. It shall be the duty of the Building Official to enforce the provisions of this code. The Building Official shall be the Assistant Director of the Plar.niRg aad Building Division. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules and rei!ulations sUDolemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations. rules and regulations shall be in conformity with the intent and puroose ofthis code. 15.24.025 SeetieR J01(a) Suhsection 304.1 of the Uniform Administrative Code Provisions for the National Electrical Code amended to have permit fees reference City's Master Fee Schedule. Subsection W4W 304.1 of Section 304, Fees, of the Uniform Administrative Code Provisions for the National Electrical Code, as it applies in Chula Vista, shall read as follows: SeetieR 391(a) Subsection 304.1 - Permit Fees. The fee for each permit shall be set forth in the Master Fee Schedule of the City ofChula Vista. 15.24.030 Subsection 304.2 J04tb) of the Uniform Administrative Code Provisions for the National Electrical Code ameRded ts ka"e IIlaR re"iew fees refereRee e¡ty's Master Fee Sekellulo ~ deleted. Subsection 304.2 301(b) efSeetieR 301, Fees, of the Uniform Administrative Code Provisions for the National Electrical Code as it applies in Ckula Vista, .hall read as folle",s: is deleted. SubseetioR 391(b) Plaa Review Fees. T),'heR submittal deoumoat. are roe¡uirod by subseetieR (b) ef SoetieR 302, a plaa revie'A' fee .hall be paid at the timo sf .ubmittiRg tho submittal dee_eRts for plaa reviev:. Tho plaa re':ie'?' foes fer eleotrieal worl, shall be e~ual te 25 pereeat ef the tetal po_it fee as set fertk ia the P-¡Ç) ;/ .0.../ Mastor fee Soheàule eftlle City efChula Vista. 15.24.035 Previously used materials. Previously used materials shall not be reused in any work without approval by the Building Official or an authorized deputy. 1S.21.010 Fees fer lIermits aRd iRslleetieRs. fees for pFeeeGSrng aad rnspeeting eleelrioal peFlBit5 shall be speoifiod in tile MaDler fee Sohedule. Nete: f.mpere rate shall appl)' Ie tile seeendary side eftllelrallsfoHRer or lranDreHROrs. 15.24.045 Distribution panels - Separate required when. Each store in a store building, each flat in a flat building, and each building used as a dwelling shall be so wired that each store, apartment, flat or dwelling shall have separate lighting and/or power distribution panels. Such panels shall not serve other portions of the building. Hotels, motels, hotel apartments and similar types of buildings may be wired rrom one or more distribution panels. 15.24.050 Circuit cards to he posted when. When requested by the Building Official, a complete schedule of circuits showing the number, kind and capacity of each outlet on each circuit shall be posted on each job prior to rough inspection. 15.24.055 Electric fences - Defined - Prohibited. A. As used herein, the term electric fence includes all fences which in any way use electrical energy as an additional deterrent or have wires charged with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. B. No electric fence may be constructed, maintained or operated within the city. 15.24.060 Phase Arrangement - Amended. Section 384-3(1) of the 1993 NatieRal California Electrical Code is hereby amended to read: Phase Arrangement. The phase arrangement on three-phase buses shall be A, B, C rrom rront to back, top to bottom, or left to right, as viewed rrom the rront of the switchboard or panelboard. The C phase shall be that phase having the higher voltage ground on three-phase, four-wire delta-connected systems. Other busbar arrangements may be permitted for additions to existing installations and shall be marked. SECTION II. FINDINGS AND DECLARATION The City Council of the City of Chula Vista specifically and expressly finds and declares that each of the amendments noted above to the 2001 Edition of the California Electrical Code is necessary due to local climatic, geological and topographical conditions. /3 ~/~ SECTION III. ENVIRONMENTAL IMPACT. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has detennined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. SECTION IV. EFFECTIVE DATE. This ordinance will take effect and be in force on November 1,2002. Presented by Approved as to fonn by Robert Leiter Director of Planning and Building Brad Remp, C.B.O Assistant DirectorIBui ing Official / ¿ -/7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE, 2001 EDITION. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That Chapter 15.26 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.26 ENERGY CODE Sections: 15.26.010 California Energy Code 1998 2001 Edition adopted by reference. 15.26.010 California Energy Code 1998 2001 Edition adopted by reference. There is hereby adopted by reference that certain document known and designated as the California Energy Code, know as California Code of Regulations Title 24, Part 6, 1998 2001 Edition as copyrighted by the InternatieRa! CeRfcreRce ef Builàiag OlIieials California Building Standards Commission. Said document is hereby adopted as the Energy Code of the City of ChuIa Vista, Califomia for the purpose of regulating building design and construction standards to increase efficiency in the use of energy for new residential and nomesidential buildings. SECTION II. ENVIRONMENTAL IMPACT. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. SECTION III. EFFECTIVE DATE. This ordinance will take effect and be in force on November I, 2002. Presented by Approved as to form by Robert Leiter Director of Planning and Building ~/,Æ Brad Remp, C.B.O "7 Assistant Director/Building Official I"~ .j, I' ,C ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 2001 EDITION. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That Chapter 15.28 of the Chula Vista Municipal Code is hereby amended to read as follows: Sections: 15.28.010 15.28.020 15.28.030 Schedule. 15.28.035 15.28.040 15.28.050 15.28.060 Chapter 15.28 PLUMBING CODE AND REGULATIONS California Plumbing Code, 1998 2001 Edition aRd URiferm PlllmbiRg Code, 1997 EditioR, adopted by reference. Subsection SeetioB 102.1 amended to designate Building Official. Subsection SeetioB 103.4.1 amended to have fees reference City's Master Fee Subsection 103.4.2 Plan review fees. is deleted. Subsection SeetioB 103.4.4 amended to exempt imposition of investigation fees for emergency work. Subsection SeetioB 103.5.6 amended to reference the City's Master Fee Schedule. Subsection 413.01 added to soecifv tvoes of facilities mandated bv State law to comolv with the requirements of Section 413. 15.28.010 California Plumbing Code, 1998 2001 Edition, known as the California Code of Regulations, Title 24, part 5, anll URiform PlllmbiRg Cede, 1997 EditioR, adopted by reference. There is hereby adopted by reference the California Plumbing Code, 1998 2001 Edition, known as the California Code of Regulations, Title 24, part 5, and_ URif<3HR PlIImbiag Cede, 1997 I<ditiaR, and Appendices A, B, C, D and H document as copyrighted by the International Association of Plumbing and Mechanical Officials ("UPC") and the California Building Standards Commission. Said document is hereby adopted as the Plumbing Code of the City of Chula Vista for regulating the complete installation, maintenance and repair of plumbing, drainage systems, water systems, gas systems, private sewage disposal systems on all properties and within all buildings and structures in the City. Providing for the issuance of permits and collection of fees therefore and each and all such regulations, provisions, penalties, conditions and terms of the California Plumbing Code, 1998 2001 Edition, asd Unif<3HR Plumbiflg Cade, 1997 Edition, and Appendices A, B, C, D and H are hereby referred to, adopted, and made a part thereof as though fully set forth herein, excepting such portions as are hereinafter deleted, modified or amended. 15.28.020 Subsection SeetioB 102.1 amended to designate Building Official. Subsection SeetieR 102.1 of the UnifoHR California Plumbing Code, as it applies in Chula Vista, shall read as follows: Administrative Authority. Subsection SeetieR 102.1 The Administrative Anthority shall be the Assistant Director of the Planaing aad Building Division the Authority duly appointed to enforce this code. '3 -/9 15.28.30 Subsection SeetioB 103.4.1 amended to have fees reference City's Master Fee Schedule. Subsection 103.4.1 of Section 103.4, Fees, of the UnifeHR California Plumbing Code as it applies in Chula Vista shall read as follows: 103.4.1 Permit Fees. The fee for each permit shall be set forth in the Master Fee Schedule of the City ofChula Vista. 15.28.035 Subsection 103.4.2 Plan review fees. is deleted. Subsection 103.4.2 Plan Review Fees. of the California Plumbing Code is deleted. 15.28.040 Subsection SeetioB 103.4.4 amended to exempt imposition of investigation fees for emergency work. Subsection 103.4.4 of Section 103.4, Fees, of the VRifeHR California Plumbing Code as it applies in Chula Vista shall read as follows: Subsection SeetiaR 103.4.4 Investigation Fees. Subsection 103.4.4.1 Whenever any work for which a permit is required by this code has been commenced without fIrst obtaining said permit, a special investigation shall be made before a permit may be issued for such work. Subsection 103.4.4.2 An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code, nor fÌ'om any penalty prescribed by law. Subsection 103.4.4.3 This provision shall not apply to emergency work when it shall be proven to the satisfaction of the administrative authority that such work was urgently necessary and that it was not practical to obtain a pennit before commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, the investigation fee as herein provided for shall be charged. 15.28.050 Subsection SeetioB 103.5.6 amended to reference the City's Master Fee Schedule. Section 103.5.6 of the 1JPG California Plumbing Code, as it applies in Chula Vista, shall read as follows: Subsection SeetiaR 103.5.6 Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not completed or when required corrections have not been made. This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection. Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is required, or for deviating fÌ'om plans requiring the approval of the administrative authority. '3 - 20 To obtain a re-inspection, the applicant shall file an application in writing upon the form furnished for that purpose and pay the re-inspection fee in accordance with the Master Fee Schedule of the City of Chula Vista. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. 15.28.060 Subsection 413.01 added to specifv types of facilities mandated bv State law to complv with the reouirements of Section 413. Subsection 413.01 of the California Plumbing Code. as it applies in Chula Vista. shall read as follows: Subsection 413.01 The reouirements of Section 413 shall applv to the following types of facilities as listed below: a. Facilities where the Dubhe comrreQates such as stadiums. convention centers. community and commercial halls. snorts and entertainment arenas. sDecialtv event centers. amusement facilities and other sirnilar facilities shall cOlTIDlv onlv with the reQuirements of Table 4-1. b. Facilities under the authority of the Office of Statewide Health Planning and Development (OSHPD 3). Licensed Clinics. that are regulated bv the local authority shall complv with Subsections adopted bv OSHPD3. c. For all other types of facilities. the reQuirements of Section 413 do not applv. Such facilities must cOlTIDlv with the reQuirements of Chapter 29 of the California Building Code and local health codes. SECTION II. FINDINGS AND DECLARATION The City Council of the City of Chula Vista specifically and expressly finds and declares that each of the amendments noted above to the 2001 Edition of the California Plumbing Code is necessary due to local climatic, geological and topographical conditions. SECTION III. ENVIRONMENTAL IMPACT. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. SECTION IV. EFFECTIVE DATE. This ordinance will take effect and be in force on November 1, 2002. Presented by Approved as to form by Robert Leiter Director of Planning and Building ~. /3- 2/ '?)~2 2- ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE 200IEDITION. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That Chapter 15.36 ofthe Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.36 FIRE CODES Sections: 15.36.010 California Fire Code, 1998-2001 EditieR 8all URiferm Fire Code, W9+ Edition" Allolltell by refereRee. 1'.3é.020 IS.3é.030 IS.3é.010 IS.3é.OSO IS.Jé,OéO IS.Jé.070 IS.Jé.080 IS.Jé.090 IS.3é.l00 IS.3é.ll0 IS.Jé.l20 IS.Jé.130 IS.Jé.110 IS.3é.l.0 IS2é.léO IS.3é.l70 IS.3é.l80 Fire DellartmeRt l.eeess aRd Water SUIIII)Y Seetion 902.2.1 ameRdell. Water SlII'lIlies aRd Fire HydraRts SeetioR 903.1.2 ameaded. Portable Fire EmRguishers SeetieR 1002.1 ameRded. Fire ExtiR~lIishiRg Systems SeetioR 1003.1.1 ameRded. Fire EJ<tiR~uishiRg Systems SeetieR 1003.2.2 ameRded. Fire EJ<tiRguishiag Systems ~eetioR 1003.2.8 Crellll Rl ameRllell. Fire ExtiRguishiRg Systems MORitoriRg aRd l.larms SeetioR 1003.J ameRlled. Fire ExtiRguishing Systems StaRdllille Re'luiremeRts Table 1001 A ameRded. Fire Alarm ~ystems SeetioR 1007 ameRlled to alld SeelioR 1007.1.10 PlaRs aRd ~lIeeiliealioR'. Fire .\larm Sy,lems Seetion 1007.2.9.1.1 System Re'llliremeRts amendell. Fire Alarm Sy,tems SeetieR 1007.J.3,é.l MonitoriRg is ameRded. CeBeral Safety PreesatioRS Ineinerat9rs, Open Hurning aDd. eammereialRarlJeeue Pits DiseentiRllaRee SeetieR 1l02.2.S is ameRlled. Teats, CaRollies aRII Temllerary Membrane Slraemres Table nos ,'. LeeatioR, Beeess BREI parlHRg fOf tents, eanBpies BRd temporary memlnane struetures is ameRllell. DispeRsiRg l.bovegreund Toni.. SeetioR S202.U amended Flammable & combustible Li'lllid. ~lIiII CORtrol, DroiRage CeRtrol aRII SeeeRdary CORtaiRmeRt SeetieR 7901.8.2 SlIiII CORtrol i. ameRdell. H....ardeus Materials IIIeRtilieatioR SigRs SoetieR 8001.7 ameRllell. High Piled eombll,lible Storage Pallet Sterage See!ioR 810S added. 15.36.010 URiferm California Fire Code, 2001 Edition" adollled by refereRce. There is hereby adopted by reference that certain document known and designated as the California Fire Code. 20011998 Edition """ UHifoHR Fire C8àe_, and all Appendices, 1997 l<àitieR, as compiled and published by the International Fire Code Institute in cooperation with the International Conference of Building Officials and the Western Fire Chiefs Association, three (3) copies of which are on file in the office of the City Clerk. Subject to such amendments as are herein contained, said document is hereby adopted prescribing regulations governing conditions hazardous to life and property rrom fIre or explosion, and each and all such regulations, provisions, penalties, conditions and terms of said UnifunnCalifornia Fire Code are hereby referred to, adopted and rnade a part hereof as though fully set forth herein, excepting such portions as are hereinafter deleted, modifIed or amended as set forth in this Chapter. 13 -£'3 IS.3é.020 Fire DellaF!m t ' en ¿_eeess Reads aRd V.'ater So I' . 1111 J Seetioa 902 ameaded . The flfst full pMa£f'IPh ef Seetiea' . appheG m the City ef COOla "ista is hef~92.2.1 (~eqllHed f.eeess) ef ,'\rtiele 9 PaF! IH f th g¡¡ Tomam the same as ia the UFc'.' Y """,a od Ie read as fellen·s 11 h Ð e C as it . .. ,a at! at parts sf said sastien t8 F' , Ife aplI<H<>IuS ae.ess reads ORd h ' aeeerdallee with So.tiea 991 d 90~ at t e ep!!ea ef the Fife Chief fife 1M h II eeootru.ted Ðr me','od iate er ,~tlJ .2 for "ief)' facility, ¡'uilding e; BRie:e: S a ,¡'e preyided ia aa eKteriar .,..all ef the first st~' ,~~e jUFISdleaea whaa ""ò' pefliee :fthe f..{¡a .¡'ulldiag hereafter 'plIM<>Ius a.eass as mea_ed ¡, I) ate ¡'mldlng IS loealed mere thaa 159 fuat (1~~2~ aBY per!ioa ef alse Seetiea 992.3 f"r perseRRe? a":.:;~:~~~~I:aute )MOUßd the e"teriar ef the btÜlàiag e~:;m(~lfe ~. . as IS.3é.030 W t a er SlIlIlIlies aall Fire Hyllraats Seeliea 903 amoadell. Seoliaa 993 1 ~ 'Req" d· Gh' I ". . .. \' lHfe mstallatieas) ef 'fIi I 9 a. ,1St., IS her,,"y ameaded la add as folle'.Ys aft~ ~e fi' Part ill, ef the UFC as it applies f e IfSt paragraph: Fer flfa safofj' àIIri ' flg eSHstmetleB., akeFatieB aT àemelitieB Elf 13 'ld' . () F' a UI mg, see f.ffiele 87 " : n Ife hyàraats, "..hero required ia II . ., elBpmeals, ele., shall ¡'e installed . a suMi'''¡siBns, apartmeat materials ¡'eiag pm.ed Ba tho site. ill aa operable eeaditiea prier 10 all' ee¡;IOJ¡es, ~ ~ eel\}. IIsa¡'la Ie the City af eemrnereial eeustru.etisR (13) . Wheaeyor ""ò' eemBustiBle mat 'I' proYlsiens ef this .ede th Cb' f en. IS pl.eod ea the site er aBY v'ork is ¡" d slapped ¡'y ""tiea ia n..4tinge lied may ordar the oaid matarial Te~Bned If mag h eae eeRlfary Ie the ..th . ,,5eJ'\'e ea the en ' em II e site B th m sOld aetiee URtil aatharized ¡'y the Chief7er ar ag~m, and aay sueh pemeRS shall fBfIJ¡n~ e ".'8;1.< 8 praeee . .. eSH¥ j' IS.3é.010 Po.tobl F' E e Jre xflaguishers Seetioa 1002 amead d e . . The follewiag somenee shall ¡, d as It applies ia the City efChula Vista~ a ded 10 the ead afSoetiea I092.I(Geaaral) ef f.fliele The miRirnum rated fi . . Ifa "áiRgUlsher ao.gptable te the City efCOOla Vista is 2i\.IOBC." 10 efthe UFC , IS.3é,OSO Fire Extiaglliskiag Systems Seetiaa 1003 ameaded The fallBwing sealea.o shall ¡'e .dd d UFC, as ¡( applies ia tho City ef Cliula Vist: tB the ead ef Seetiee 1093.1.1 (G eaoral) Bf f.Ride 19 ef the ,'.11 fife e"tiaguisliing systeRlS shall ¡'e iastallod ¡'y a stat l' . e leonsed eBRlraeter. Ii"oeptlea: 'NIIOa n requffemem. appre,.d ¡'y the Firo Chief, R 3 eeeupaaeies ma" be e,[em"ted "- ,L' , .~ ~em tlllS 13-24 2 Seetioa 1003.2.2 ameRdell ¡, . SeetiÐR 1903.2.2 (AU eeollf'aaeies eJloept Greu R g.... . ) addmg the f..llo-"iag Denteaoe te the ead ef ¡..mole {9 efth~':~ 3 an" GrOllf'. L' (Oeellf'aReiec) ameaded , as 11 apphes 1R the City ef ClIII! ". 6., 1a eYe!)' buildiag regardloss ef eeeu ' ' . a . IOta. bullàiBg is IR£ fO than 10 feet sr foar Dteries :'alle) ela:lHOatlea er type ef eoastruetiea h _ _~. mere IB . elgat. ' -,: oa sueh IS.Jé.070 Fire Emiagui.hiag Systems IS.Jé.OéO FiFe ExtiRguishing Systems Seetioa 1003.2.8 CreulI Rl ameaded. Seetiea 1903.2.8 (Greup R g.... . . efCaula Vi.ta 'a' ,,1.JS1ea I eeeullallOJes) sf f.rtiela 10 fT' . ,!S ereb) ameaded to reod as folls',.'s: the felle"ia e the JFC, aD 11 apphes ia the City " " g pa£agraph 10 addod at the ead ef 1993 2 8' ..'hea aa appro"e" ¡; . "d . . . . ' . He SPAR er system is re .' d bwld!ags eeastruetad after Jul)' I 1992 :U!fe by the pre·;ioiens ef this Deotiea !!!1:i aad 11 ""'elhag units, shall be prs,;ided .,,j¡¡. aa ~:a .' ~ ~ame IIrepo")', reg(!fàless ef height ~r lIIIIlll>er a f fe.6 He Sf'Innkler system. e I S.3 é.080 Fire Extiaguismag Systems Seetioa 1003.3 ameaded. 10 ef the UfC as it aplllies te the City ef COOla ". t ' .15 a, IS Meaiteriag aad l.larms h b Seetisa 1993.3.1 (VI'hore Re'l"ired) sf l.Rielo ere ) _eaded te read as follB":s: U[ß . .. cre re'luHed. f.1l ,;alyes eentrelha th ". fie'.,; owitohes ea all spFi "d g e ..ater sUI'I'I)' for aatemotie spriRkl are; R er o)'3tems shall be oleetrieall)' meaitore" "'a a er syst.ms """ -,vater " era tie aumher ef sl'rinklers T'''eR!)' . ~ h er mere m Group I, Diyioisns I I ORd I 2 Oe . e llRckeà aT fflØre iR all 8th '.' eHpanel(~S. er eeeUl3Rfl61es. "alue .' . t' 1R£ 1l1teHRg aIId 'sator flew alaHR """ trellhle s' I a I IIH ematleally transmitted tB all appre,,.ed eeatral !gna s s a I be distiRetl)' different aIId ohall be GtatlOa as deliaed by U.F.C. Staadar" 19 2 _~.tat!en, remete statleR er I'repFiet""Y mBaitoriR ~eR€urreaoe ef the emof, Dhall Dsund all IIH~~I;' hea appre';ed by the buildiag efHeial with th~ eoatlons R!8Y aet eJleeed 199 miles ¡rom the eityo~gaal at a eeRBlantly atteade" leeatiea. These memtermg eeatraets iaitiated after aàeptioa efthiG eo:ts ef the Clty sf Chula Vista aIId apply te EXCE:T10N: UadergreW1d l",y or IlIIb yalyeG pubhe utIhty aeed aet be IR£ nitered. 1. 2. iR re.dway bm,es I'rBYided by tha munioipality ar IS.3é.090 Fire Extiaguishiag Systems Staallllille Re'luiremeats Table 1001 A ameaded. The eatagsry ef Gfeup 2, under the eohun I the UfC as it aplllies te the City efClIII1 ". . IR abel.d nOeeupalle)u, ef Table 1904' f' m I a . !sta, 15 hereby _ended te road as fellews: .. e .. eel 0, sf Oeeul'alleies 3 st . SHes at mere Bat less thaa 159 feet iÐ lleigflt, em,ept GrElllp R, Diyisiea 3. 2. IS.Jé.lOO Fi \I Fe ~ arm Systems, PIKas and gpeeitieatioRS Seetioa 1007.1.10 ameallell. {3-2.5' 3 . Seetiea 1991.1.1a Plaa, ami SlIeeilieatiaaD ef ¡'.mole 19 (Fire Alam¡ S 'stems ef . ~~~~e:. ;a,~~I¡e:i~~Chula Viola is hereèy amcaded te add the feUewiag aoy: oeel;ea I 9J, .1.1~~~~;:e: CS"'f'lete 1I1aas. aad S Jeeilicalions for fire alaFm o)'stems obaR be submitted for re':iews and appfe"al p~er ~o system 1RsIal1atlea. PlallS a"d S JeeilieatiellS shall iae!uàe 13111 aet Be limited te aome aààre' Ie ep eRe aIId he.RDe. IHHTlBOr efiantalling lieellSed sowaeteF: a !leer plan, le6ali~R ef ~U al";' ~ilt1Rg aad alarm mgR8lmg de':lees, alarm eawel aIId treuble sigaaliag equip_at, IlllHUReiatiea pe ^-er eeanecaen, battery ealculatlellS, 'J.iriag type ami siøes, ma!,e and medel aIId Stale Fira MafDhaÌ hstiBg Rlll11Ser Elf all eEtlH13æeHt, àtWlees aaà materials reEtaifl.ag listing. IS.3UID Fire ...Yaræ S:ystelH5 gystem Ret}uirements, Croup R., Di'''.isioR 1 OeeupaReies:, SeetioR 1007.2.9.1.1 amealled. Sectiea 1~Q7,2.9.1.1 GeaeFaI (Greup R, Di...iDiaa I aeCllpalleieD). The fIrDt fuU pllFagFa h efSeeliea ¡'9g::':,2.9. ~i I ~. .rtlCle 19 ef the UFC, as It aplllie5 ia the Cit-; ef Chula ViD!a is hereby a_ared ta read as e 0 dB, a at er preVlS10BS ta remam the same: GraulI R eee,~palleies shall Be pFe,.-ided ·....ith fIre alilHR s)'steRl5 ia aeeaFElaaee .....ith Sectiea 199,.2.9. GreulI R, DJ.lslea1.1 eeeupaoolOs shaUba pre'nàed 'J.ith a maRllalaml autematie lire alam¡ system ia apiJflmeat hOllse, tlIrae er mare stefleo 1B heIgh! er eeatainÌRg I é er mora à'l.'eRiag unils, ia halels three e! ffiefe s~øn~s m. heIght Sf ~8ata:ÎfliBg 20 Sf mere guest reams and in esagregate resiàeBees three ar mefe stefles 1R heigh! er lumag aa eeeupaat lead ef 29 er mere, ''vhea aa appFe"ed lire all11 . t IGreEJlllF db.th .... f 13' . . HRD)S em e ), e pre ,lGlellS e. t 115 seetlaa, !!!IT aad all buildiHg5 eenstruetad alter July I, 1992 ea the s~_ prapel'!), Fegaràless ef sme or heigh!, shall Be previd"d '"ith aa apprevad fIre alllFffi syslem See a se Seetlea 199::'.2.12. . Fire Alarm Systems Seotiea 1007.3.3.é.l Monitoriag is amealled. amcad~;~~~:a~9~s7;'ii~~:,;: GeHeFal ef AFliele 19 eftaa UFC, as it applies ia the City ef Caula ViDta is hereby IS.3é.120 "'hea fequire". by the Cbief, fIre alarm systems oball be maaitored by aa appFe'..e". eeRtFal llroprie!ary Sf remøte statleR S8FIlse ef a leeal alarm "'hieh gi"es a-uailaàle aOO u' l' 1 ' d d I ' .. .. .Isua slgaa s at a eeJ1Ðtantl)' atlea e eeatlaa. These leeatiens 111£1)' Het e¡¡eeed 199 miles Hem the eit'liHHts efthe City efChul VISIa ami apply Ie æeaitoriag eewasls iaitiated alter adoptiea efthis eade~ a IS.3é.130 iea~ral Safety Pre~autioas Iaeiaeraters, Ollea Bllraing aad Comme.eial Barbeeue Pits eeäoa 1102.2.S Dlseeatiauaaee i.ameadell. . Seetiea 1192.2.5, GeaeFaI SafetyPreCalltiaaD geetiea 1192.2.5 (Diseellliauallee) ef Seetiea 1102 ~~I~.F,~teFS, Opea BURIlag aIId CemmefClal Barbeaua Pit, ef f.Fliele II efthe VFC, aD it applies ia the City ef "a ,ISta, 1G heraby ameaded Ie read a5 f.,lle·,yD: ~e shier is. al:itherizeà ta re~e. iaeiBsrater af flI613laee tise te '88 Îß:1m..eåiately àis6eatiffiieà if the e]¡¡ef det....11IROD that smoke "nllSSlOa5 lIFe effensÞ,'e te eeallpaatD ef 511ffeunàiHg IIFepel'!)' er if the usa sf the mClRcrater er fIraplaee 15 deleFR1ÌRO". BY the ebiefte eenstitllte a h""ardeus eeml'li 1 eR. /3-2/" 4 IS.3é.l10 Teats, Caaellies aad Temporary Membraae Strlletures Table 320S f. Loeatioa, aeeess aad parlång far tents, eORopies and temporary memhrane struet-ures is amended I The MiRimum fife aeceas read'Nay ';;iàtils aa ahe",a in the third eelURIR ef Table 3295 ,A. ("LeeatieR, f.eeeas aIId Parl¡ffig for Teata, COIIellies and Temperary Memènme Slmemres") ef f.Ftiele 32 efthe UfC, as it applies ia the City ef Chula Vista is heFeby ameaded te read as felle'.vs: 20 feet 20 foet 29 feet IS.3é.lSO f.bo':egrollad Taal", Seetioa S202.1.1 ameadell. Seotiea 5292, U ef .\rtide 52 (flaannaèle aIId Cemlmstible Li'luid Meter Vehide fuel DispeasiRg glatieRa) ef the UfC, as it applies ia the City ef Chula Vista is hereby ameaded Ie read as fellows aad adàiRg the felle';;iÐ.g e"eeptiea: Class I OIId II li'luiàs in abeve grellllli tanks shall Rat be dispeRSed inte the fuel taak ef a meter vehiele lìem abevegrellRd tanks e"oept '.Yhea tanks are inatalled iRSide speoial eaelesores in aeeer"""ea '.'Iith Seetiea 5202.3 é aIId meet the felle'l,'iRg m¡eeptiea. See aIDe !\i'I'eaài" II f. liXCliPTION: With the appre'lal ef the Fire Chief, Class I aIId II li'luids may be sterad abe':e greuad elltDide ef buildiags ia speeially desigaed, appre'led aad liD!ed eeRlaiaers -;:!tieh have f.,a!ures inee'1'emted iRte their desiga ",!tieh mitigate eeaeeFRS fer e"pesora te hea! (tv:e heur fIre resistaace), ignmea seureas aad meehanioal damaga. CeRtainers must be installed aad usod ia aceerdan€a ,;;ith tœir listiag, aad IIrevisiaaD must be made f..r leak and spill eem"i_em. Slerage ia sueh !ani.. ea aR)' site Dhall aet e"ceed 559 gallens fer Class I er 1199 gallens fur Class II li( llids, The Chiaf may àisawre~...e the installatiea sf sHah eeatamers ¡"flea in his 'her spinieR, their use presents a risl:: 1a life ef property. Ia ae easa, shall such s!erage be permitted within 199 fee! ef any resideRlial er institutieaal stnlemrø. IS.3é.léO Flammable aad Combllstible LiI lIids SlIiII Coatrol, Draiaage Comrel aall Seeoadary Coataiameat Seetiea 7901.8.2 SlIiII eeatrol is amealled. Artiele 79 Flammable and CambuDtil3le LÜIUids geetiaa 7901.8.2 (Spill CeRlrel, Drainage CaRlreland SeeeadaFY CeRlaiamem) ef :\rtiele 79 (Flammable aad Cem1311stible Li'luids) of the L'I'C, as it aplllies in the City ef Chula Vista, is heraby iHIl6aded te inelude a last semeaee te read as fellews: /\. 29 galloa minimum e'lempm deviee is re'luired ea all ClaDs I er II llßàergrauad er abe':e grellllli flammable li( llid tanks. IS.Jé,170 "azardolls Materials Ideatilieatioa Sigas Seetioa 8001.7 amealled. f.rtide 89 """ardeus Materi"ls geetiea 8091.7 IdeRtilieatiea Signs ef f.rtiela gO ef the UfC, as it applies in tha City efChula Vista is heFeby amended te read as fello·.'Is; all ethor previsions and e"eeptiens ef said seetisa tEl remaia the same as ia the UfC: '.risible h""ard ideRlilieatiea DigaS as speeilied ia the UaifeHR Fire Cede Staadard ]>!e, 79 3 shall be plaoed at eRll'aaees to lee"tians where hæ""deus materials are steFeà, dispeasad er halldled, Sigas 13- 2-; 5 shall b. pre,..ided at specilie eRtfaaees desigm¡led by tile Chief. IdeR!ilisatieR signs shall seRfeHR te NFN.7Q1. IS.Jé.lBO High Piled Combustible Sterage Pallet Storage SeetioR BIOS added. }£ tlS'.U seeåeB te Be nu..rnèereà and titled HSeetieB. 8195. Stemge ef~:mpty 'VeedeR Sf Plastie Pallets II is hereby added 10 Article 81 ("Rig!¡ Piled Combustible Sterage") sf th. UFC, as it "I'I'lie, iR the City ef Chula ViGIa, ,::hieh SeoliaR shall read a, lèllows: SeeliSR 81Q5 Ster-age efEmpty '.VaadeR er PI.stie PallelG. (a) üutdesr Sterage Pallets shall be stefed eutGide ef a building er iR a detached bllildiRg WfleRe,'er pessible. Pallets shall Ret be st.eked daGer thaR 5 feet frem the builàiRg. (b) Iadeer Slarage Pallets .,;h.R stered iRàoers shall be pretested with fIr. sprinl<lers in aeserliiHloe with NFPf. Slallliard 231, Table 1 1.1.1 ¡m]es, beth efthe felle.,:iRg eeRditiens are met: I. Pallet, are Glared Re higher thaR é f"el. 2. liaok pallet pile af Re mere thall 1 slael", shall be separaled frem ether pallet piles by at leaGt 8 feet ef dear slI.e. er 25 feet ef eeR1fR9dily. SECTION II. ENVIRONMENTAL IMPACT. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 ofthe State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. SECTION III. EFFECTIVE DATE. This ordinance will take effect and be in force on November 1, 2002. Presented by Approved as to form by ~~/M Douglas Perry Fire Chief /3-2f 6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA, AMENDING CHAPTER 15.38 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE URBAN-WILDLAND INTERFACE CODE, 2000 EDITION. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That a new Chapter 15.38 ofthe Chula Vista Municipal Code is hereby added to read: Chapter 15.38 URBAN-WILDLAND INTERFACE CODE Sections: 15.38.010 15.38.030 Urban-Wildland Interface Code, 20001991 Edition, adopted by reference. Subsection (a) of Section 104.1 amended to Designate Board of Appeals and Advisors as Board of Appeals. 15.38.010 Urban-Wildland Interface Code, t99+-2000 Edition, adopted by reference. There is hereby adopted by reference that certain document known and designated as the Urban- Wildland Interface Code, +99+-2000 Edition as copyrighted by the International Fire Code Institute. Said document is hereby adopted as the Urban-Wildland Interface Code of the City of ChuIa Vista, California for the purpose of prescribing regulations rnitigating the hazard to life and property from intrusion of fIre from wildland fIre exposures, fIre exposures from adjacent structures and prevention of structure fIres from spreading to wildland fuels, that certain code known as the Urban-Wildland Interface Code, +99+-2000 Edition, are hereby referred to, adopted, and made a part hereof, as though fully set forth herein, excepting such portions as are hereinafter deleted, modifIed or amended. 15.38.030 Suhsection (a) of Section 104.1 amended to Designate Board of Appeals and Advisors as the Board of Appeals. Subsection (a) of Section 104.1 of the Urban-Wildland Interface Code, and the title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows: Board of Appeals and Advisors. Section 104.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there is hereby established a Board of Appeals and Advisors consisting of seven members who are qualifIed by experience and training to pass upon matters pertaining to building construction, use and occupancy. The assistant director of planning and building and the fIre marshal shall be ex-officio members who shall not be entitled to vote. The assistant director of planning and building shall act as secretary to the Board. The Board of Appeals and Advisors shall be appointed by the mayor and confIrmed by the city council. The Board shall render all decisions and fIndings in writing to the assistant director of planning and building with a duplicate copy to the appellant. Appeals to the Board shall be processed in accordance with the Pf0Y/Ïsieas eeBtained in Chapter ~ sf this eø8.e af in aeeeràaHee ìyith S1:iSH /3 ~21 procedures as may be prescribed by the City Attomey of the City of Chula Vista. The decision of the Board is fmal. The Board of Appeals and Advisors shall recommend to the city council such new legislation deemed necessary to govern construction, use and occupancy of structures, in the City of Chula Vista. SECTION II. ENVIRONMENTAL IMPACT. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defmed under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060( c )(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. SECTION III. EFFECTIVE DATE. This ordinance will take effect and be in force on November I, 2002. Presented by Approved as to form by Douglas Perry Fire Chief ~1f~JÞf /3 -30 COUNCIL AGENDA STATEMENT Item: ]~ Meeting Date: 09/10/02. ITEM TITLE: Resolution waiving consultant selection process, approving an agreement with Katz & Associates contingent upon approval of a cost sharing agreement between the City of Chula Vista and Sweetwater Union High School and Chula Vista Elementary School Districts, authorizing the Mayor to execute said Agreement, appropriating funds therefore, and authorizing the City Manager to negotiate and execute the Consultant Services Cost SharingA~greement between the City and Districts SUBMITTED BY: David D. Rowlands, Jr., City Manager REVIEWED BY: City Manager (4/Sths Vote: Yes X No ) At its July 9, 2002 meeting, the City Council approved a motion to create a joint City/School Task Force comprised of representatives appointed by the Chula Vista City Council, Sweetwater Union High School District (SUHSD) and Chula Vista Elementary School District (CVESD). The proposed Task Force was in response to community concerns of overcrowding at Eastlake High School and will address and make recommendations regarding threshold standards and forecasting methodology used in projecting school populations, among other issues. STAFF RECOMMENDATION: That Council approve the resolution waiving the consultant selection process, approving the Katz Agreement contingent upon approval of a cost sharing agreement between the City and Districts and appropriating funds therefore. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND In past months, representatives from the SUHSD have met with concerned parents from Eastlake High School regarding overcrowding and the construction of school facilities in response to recent growth. These same concerns were expressed to the Mayor and City Council. In response and in cooperation with SUHSD and CVESC, the City/School Task Force was created to address the community's concerns. As proposed, the Task Force is comprised of 15 members, five each appointed by City/Districts. The following community members were appointed: City of Chula Vista Appointees John Moot, Chair Mike Bell Item: Meeting Date: 9/10/00 Kimberly Longo Mikki Zbikowski Tris Hubbard Sweetwater Union High School District Appointees A1 Sides Patricia Rivera Rudy Gonzalez Kim Kilkermy Maya Bloch Chula Vista Elementary School District Appointees Guy Asaro Aurora Clark Hector Martinez Rey Monzon Kevin O'Neill As approved by Council, the task fome was charged with the following duties: · Review of the threshold standard for schools that is used by the City's Growth Management Oversight Committee and recommend changes as appropriate. · Examine the forecasting methodology used in projecting the City's population and the number of students expected in the schools. · Evaluate the effectiveness of joint City/School planning processes and recommend ways to improve these efforts. · Examine the funding options for schools and report on the existing methodologies used by the Elementary and High School District. · Evaluate the means by which the City/Districts can cooperate to provide joint school/park facilities to meet community needs. It was further recommended that: · An outside firm would be hired to facilitate the task force's public meeting. · The cost for this firm would be shared equally by all agencies. · The task force will meet monthly and report quarterly to each agency; and · The task force term will be from September, 2002 through April, 2003. The City/District(s) have each assigned staff to support the efforts of the Task Force. In addition, staff, including Mr. Bruce Husson, Chief Operating Officer, SUHSD, Lowell Billings, Superintendent, CVESD, Sid Morris, Assistant City Manager, and Bob Leiter, Director of Planning and Building, interviewed the firm of Katz & Associates to fulfill the role of Task Force facilitator. Katz & Associates was selected on the recommendation of SUHSD and has Item: ) ~ Meeting Date: 9/10/00 significant facilitation experience involving community groups, taxpayers, ratepayers and stakeholders. Recent activities include, but are not limited to: · San Diego Unified School District (SDUSD) - Facilities Master Plan: Hired to involve local communities consisting of more than a dozen neighborhoods in the development of a comprehensive Master Plan which reflected the values and needs of each community. · Point Loma Cluster Work Group (a subgroup of the SDUSD): Hired to assist the Point Loma Cluster to obtain input from parents, teachers staff and other community members on ways to improve and enhance education for students in the Point Loma Cluster. · San Diego International Airport Master Plan: Public Working Committee: Assisted the San Diego Unified Port District in the formation of a Public Working Committee to evaluate alternatives for traffic, airfield configurations, public transportation, terminal locations and other key issues. Katz & Associates assisted the Port in forming the Committee, setting its goals and scope, making presentations and resolving conflicts. (Attached is a more complete description of recent casework.) Scope of Work The following represent the major functions to be included in the overall scope of work to be performed by Katz & Associates: · Attendance at regular meetings with the internal planning sessions related to Task Force activities. · Programmatic assigmnents to include working with Agency Public Information Officers to develop articles for school bulletins, review white papers and coordination with master plan efforts. · Development/coordination of community presentations. · Plan and implement a speaker's bureau to raise School/City issues in the region. · Attend City Council/School District(s) meetings to conduct regular updates. · Provide direct support to Task Force with media relations. Task force meetings coordination and facilitation. · Working group materials/Executive summary development. Support presentation development, research information, etc. · Assist/prepare final task force report for presentation to Council/District(s). Katz & Associates submitted an initial proposal of $153,770 regarding the proposed scope of work. After review by staff, the scope was revised and the cost reduced to $115,465. This includes a base contract amount of $106,710 plus an 8% contingency of approximately $8,750. (Please see Attachment B of the Resolution for complete scope of work.) Both SUHSD and CVESD Boards have agreed to fund one third ($38,488) of the cost associated with the Katz Agreement. CVESD approval was subject to a requirement that Katz provide quarterly reports whereby the Board could determine the value added through continuation of the Katz Agreement. Item: ILl Meeting Date: 9/10/00 A formal consultant services cost sharing agreement between the City/Districts is being prepared. Staff is recommending that the agreement with Katz be approved subject to the signing of the cost sharing agreement by the Districts and the City Manager. Katz & Associates has had no other contracts with the City during the past year. Sole Source Staff is recommending that the City act as the lead agency with Katz & Associates with regard to the Consultant Services Agreement. Staff is recommending that the City Council approve a sole source agreement and waive the Consultant Selection Policy based on the following findings: 1. Time is of the essence. The impact of growth and space availability is having on immediate impact on schools and the findings of the Task Force are necessary to assist the City in addressing revisions to its growth management thresholds and to the City/Districts in planning and implementing new facilities. 2. Experience: Katz & Associates has directly relevant experience to perform the required work and has the staff available to conduct these activities. Process Although not yet scheduled, the first Task Force meeting is anticipated to take place in the latter part of September. The target date for a final report is anticipated in April/May of 2003. It is anticipated that as part of its public process the Task Force will hold "community" meetings at various locations to encourage input and participation by local residents, provide regular updates to the City/District(s) and prepare information reports for distribution on web pages, and City/District(s) newsletters. FISCAL IMPACT The proposed agreement with Katz & Associates is $115,465, which will be funded from the unappropriated balance of the general fund. The City/District(s) will share this cost equally at $38,488. In addition to this contract cost, support staff costs from the City Manager's office, Planning Department, and other staff as required will be absorbed in the existing operating budgets. Attachment · Casework descriptions Admin/School Task Force Al 13.doc August 21, 2002 PUBLIC ADVISORY GROUPS Public agencies and private organizations are becoming increasingly aware of the many benefits of involving the public in major public projects and issues affecting taxpayers, ratepayers and stakeholders. Katz & Associates has a solid track record of helping clients form and conduct public advisory groups for water, transportation, environmental, facilitates siting, education and land use issues. Public advisory groups are often the first step toward a meaningful and successful public involvement program. Our services include: · Participant Screening and Recruitment · Public Process Strategy · Facilitation · Presentation and Materials Development · Site Tours · Documentation of Findings · Logistical Coordination Case Examples* SAN ])IEGO UNIFIED SCHOOL ])ISTRICT FACILITIES MASTER PLAN The San Diego Unified School District is the second largest urban school district in the state of California and the eighth largest in the nation. Like schools in many communities across the country, San Diego schools are in need of substantial repair. The deterioration of these schools is apparent - leaking roofs, cracked pavement, peeling paint, etc. However, the most serious problems are invisible - outdated electrical systems, rusted pipes and antiquated heating and air conditioning units. There are also problems housing students, providing classrooms to accommodate class size reduction and installing wiring for computers. To address these issues, the Board of Education initiated an update of the District's Long-Range Facilities Master Plan and hired Katz & Associates to involve local communities in the facilities planning effort. Katz & Associates coordinated "cluster" meetings in more than a dozen neighborhoods throughout the District and led local community members and parents through prioritization exercises to ensure the eventual comprehensive plan reflected the values and needs of each individual community. The facilities master plan was approved and funded through a $151 billion bond initiative passed in 1998. · partial list Page 1 of 5 POINT LOMA CLUSTER WORK GROUP In the San Diego Unified School District, schools in the same (or neighboring) community are organized into clusters. The Point Loma Cluster includes schools in the communities of Point Loma, Ocean Beach, Loma Portal, Midway, Old Town and a portion o£Mission Hills. The Point Loma Cluster Work Group was formed at the request of School Board Member John DeBeck to examine the existing cluster configuration and instructional program. The goal was to recommend ways to improve and enhance education and learning for students in the Point Loma Cluster and how the schools in the cluster should be configured. Katz & Associates was hired to assist the Point Loma Cluster Work Group to obtain input from parents, teachers, staff and other community members about Point Loma schools and the Point Loma Cluster Study process, and to assist the Work Group in obtaining feedback on their recommendations. The Point Loma Cluster Study Work Group recommendations were accepted by the Board of Education and implementation began in the 2001-2002 academic year. SAN DIEGO INTERNATIONAL AIRPORT iMASTER PLAN PUBLIC WORKING COMMITTEE San Diego International Airport is arguably one of the most controversial airports in the nation. For the past 50 years, the San Diego community has been engaged in a heated debate over the location, size, safety, noise and ~ervice of its airport, which is located in an urban environment near residents, businesses, the military and endangered species. In 1997, the San Diego Unified Port District corranissioned the first comprehensive master plan for San Diego International Airport. Given the rich history of conflict over the airport, the Port knew that an effective public education and involvement program would be integral to the development of an effective master plan. One of the key components of the public involvement program was the formation of a Public Working Committee. Katz & Associates assisted the Port in forming the committee, setting its goals and scope, making presentations to the group and resolving conflicts. The Committee helped the master plan team evaluate alternatives for traffic, airfield configurations, public transportation, terminal locations and other key issues. SAN DIEGO BAY INTERAGENCY WATER QUALITY PANEL/SAN DIEGO REGIONAL WATER QUALITY BOARD The San Diego Bay Interagency Water Quality Panel was established by California State Senator Lacy Killea to encourage governmental agencies with jnrisdiction over San Diego Bay to coordinate their efforts with Bay front businesses and commercial and recreational users and to advise the San Diego Regional Water Quality Control Board on ways to improve water quality in San Diego Bay. The Panel was made up of 31 volunteer members including the Port of Sa~n Diego, the Industrial Environmental Page 2 of 5 Association, the Port Tenants Association, State Water Resources Control Board, Environmental Protection Agency, U.S. Navy and others having interest in or authority for activities in San Diego Bay. After two years of work, participation was waning and several issues emerged that threatened to polarize the membership. To overcome these roadblocks, Katz & Associates was hired in 1996 to better coordinate the Panel's activities, facilitate decision-making, resolve conflicts and produce the final documentation of the Panel's efforts. The Bay Panel completed its Comprehensive Management Plan and Coordinated Monitoring Program for San Diego Bay in spring 1998. All Panel members participated it its development and consensus was reached on all but one of the nearly 300 proposed actions contained in the plan. INTEGRATED RESOURCE PLAN ADVISORY COMMITTEE Unprecedented growth and a traditionally limited water suppiy have made it necessary for the Southern Nevada Water Authority to pursue alternative water resource management solutions including locating new water supplies, launching conservation programs and embarking on major infrastructure improvement projects. To succeed, many of these options required a fundamental transformation in public perceptions of water issues, including acceptance of the need for conservation and infrastructure construction projects. Katz & Associates worked with SNWA to establish a 21-member working advisory committee called the Integrated Resource Plan Advisory Committee. After studying the issues, the committee made a series of recommendations to SNWA that resulted in an Integrated Resource Plan. The committee helped gain vital community support for a variety of projects, including SNWA's new Treatment and Transmission Facility, by providing recommendations and community feedback on how best to meet the needs of the community to SNWA Board members. EMERGENCY STORAGE WORKING COMMITTEE In 1992, the San Diego County Water Authority began a $500 million project to identify and construct the most feasible alternative for emergency water storage in San Diego County. The project was originally launched in the early 1980s. After the project fell under heavy community and media criticism for pursuing only one site, which was environmentally sensitive, and for limiting community outreach, the County Water Authority decided to put the project on hold. After this failure, the County Water Authority began the process again -- this time looking at several alternative options for water storage and with a renewed outlook on the importance of conununity and media relations. Katz & Associates was retained by the Water Authority to establish and manage an Emergency Storage Working Committee, a group representing community interests. Through a six-month process, the committee developed criteria and priorities for the site selection and came to a consensus on a final storage alternative. An Environmental Impact Report/Environmental Impact Statement was developed and certified and today the Emergency Storage Project is under construction. Page 3 of 5 /¥-" 7 REPURIFIED WATER REVIEW COMMITTEE In 1993, the City of San Diego and San Diego County Water Authority began studying the feasibility of using highly treated wastewater to augment the raw water supply. ~ue to the inherent public perception challenges associated with indirect potable reuse, the project's proponents hired Katz & Associates to assist in public education and involvement efforts. One of the first activities was the formation of a public review commi~ee to advise the project team about key issues relating to the project. A group of 25 individuals representing public health issues, economics, community interests, business and the environment met regularly to review what was being proposed and give input into the planning process. After an initial set of meetings over a 10-month period, the Repurified Water Review Committee issued a report finding that the Water Repurification Project could provide San Diego with a safe, reliable and cost effective water supply. The group still meets periodically to review project milestones and offer input into its design. Several members of the committee have published op-ed articles over the years about the project and testified before legislative committees on the project' s behalf. TAMPA WATER RESOURCE RECOVERY PROJECT PUBLIC WORKING COMMITTEE Increased populations and greater agricultural and industrial development have caused the Tampa Bay region to face water shortages and environmental degradation from the over pumping of ground water. In an effort to find an additional reliable water resource, the City of Tampa, the West Coast Regional Water Supply Authority and the Southwest Florida Water Management District, in cooperation with the U.S. Environmental Protection Agency, are currently studying the feasibility of using highly treated wastewater to augment the region's water supply. The greatest obstacle to implementing this project is not cost or technology, but public perception. As part of thc evaluation process, Katz & Associates was retained by the project team to form a Public Working Committee. Over a period of nine months, the Tampa Water Resource Recovery Project Public Working Committee studied the region's water issues, learned about the technology proposed, reviewed other similar projects in the country and interviewed scientific experts. A final report was issued by the Committee finding that the proposed project was viable from their perspectives and should continue to be considered as a water supply option. MISSION VALLEY EAST TRANSIT IMPROVEMENT PROJECT PUBLIC ADVISORY GROUP The Metropolitan Transit Development Board sought to close an existing gap between an east and west trolley line, and to provide services to the San Diego State University campus, one of the most popular destinations in the San Diego region. The project included analysis of various transit alternatives, including light rail, or trolley, and new bus routes. While members of the Mission Valley community welcome a public transportation Page 4 of 5 system to their community, they voiced concerns over the potential impacts that may be associated with both the bus and trolley. Katz & Associates assisted MTDB in creating a public participation program that would provide an opportunity for residential, business and institutional leaders of the Mission Valley East community to work with MTDB staff throughout the project planning process. Katz & Associates helped form a project advisory committee consisting of community, business and institutional leaders to meet with MTDB staff regularly to discuss and provide input on the various light rail transit and bus alternatives being considered for the Mission Valley East corridor. In October 1997, the board of directors finalized the Environmental Impact Report, which included the selection of the trolley as the locally preferred alternative. CANYONS TASK FORCE Urban canyons are highly valued by the San Diego community and environmental groups for providing open space and supporting highly sensitive ecosystems. To gain access for maintenance vehicles and equipment, the San Diego Metropolitan Wastewater Department announced plans to build roads in canyons. This proposal met strong resistance from community and environmental groups who voiced concern over negative impacts such as damage to the environment, aesthetics, property values and noise. Katz & Associates was brought on board to establish and manage a 33-member city-wide Task Force representing various City of San Diego departments, other government agencies, groups representing communities throughout San Diego and environmental organizations. Katz & Associates also provided neutral facilitation to enable the Task Force to work in a consensus building and collaborative problem solving process and to provide an equal opportunity for members to express opinions. The City Council's Natural Resources and Culture Committee commended the Task Force for its hard work and the collaborative decision making process between city, community, and environmental representatives. The Task Force's recommendations were accepted with minor modifications Page 5 of5 to/_ r:¡ RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING CONSULTANT SELECTION PROCESS, APPROVING AN AGREEMENT WITH KATZ & ASSOCIATES CONTINGENT UPON APPROVAL OF A COST SHARING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SWEETWATER UNION HIGH SCHOOL AND CHULA VISTA ELEMENTARY SCHOOL DISTRICTS, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, APPROPRIATING FUNDS THEREFORE, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE CONSULTANT SERVICES COST SHARING AGREEMENT BETWEEN THE CITY AND DISTRICTS WHEREAS, at its July 9, 2002 meeting, the City Council approved a motion to create a joint City/School Task Force comprised of representatives appointed by the Chula Vista City Council, Sweetwater Union High School District (SUHSD) and Chula Vista Elementary School District (CVESD); and WHEREAS, the Task Force shall study and make recommendations regarding Chula Vista GMOC threshold standards and forecasting methodology used in projecting school populations among other issues; and· WHEREAS, the Task Force recommended hiring an outside firm to facilitate the Task Force's public meeting, the cost of which will be shared equally by all agencies; and WHEREAS, Katz & Associates submitted a final proposal for $115,465 with the City/District(s) sharing this cost equally at $38,488; and WHEREAS, both SUHSD and CVESD have agreed to share the costs of the consultant which shall be memorialized in a Consultant Services Cost Sharing Agreement; and WHEREAS, staff is recommending that the City Council approve a sole source agreement and waive the Consultant Selection Policy based on the following findings: I. Time is of the essence. The impact of growth and space availability is having an immediate impact on schools and the findings of the Task Force are necessary to assist the City in addressing revisions to its growth management thresholds and to the City/Districts in planning and implementing new facilities. 2. Experience: Katz & Associates has direct relevant experience to perform the required work and has the staff available to conduct these activities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the Consultant Selection Process and approve an Agreement with Katz & Associates contingent upon approval of a Cost Sharing Agreement between the City of Chula Vista and the Sweetwater Union High School and Chula Vista Elementary School Districts, a copy of which shall be kept on file in the office of the City Clerk. / il ~/ 0 BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the agreement with Katz & Associates on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the amount of $115,465 is hereby appropriated from the unappropriated balance of the General Fund. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to negotiate and execute the Consultant Services Cost Sharing Agreement between the City of Chula Vista, Sweetwater Union High School District and Chula Vista Elementary School District. Presented by Approved as to form by David D. Rowlands, Jr. City Manager ~ tJ. /-IJ1., Þ John . Kaheny . City Attorney J:\attomey\reso\ Katz /1-// 2 AGREEMENT FOR CONSULTING SERVICES WITH KATZ & ASSOCIATES This Agreement for Consulting Services ("Agreement"), is entered into day of , 2002 by and between the CITY OF CHULA VISTA ("City") and KATZ & ASSOCIATES ("Consultant") with reference to the following facts: Recitals WHEREAS, City, the Sweetwater Union High School District ("SUHSD"), and the Chula Vista Elementary School District ("CVESD") are forming a joint task force ("Task Force") to: (a) Review the threshold standards for schools utilized by the City's Growth Management Oversight Commission and recommend any changes. (b) Examine the forecasting methodology used in projecting the City's population and the number of anticipated students in each school. (c) Evaluate the effectiveness of joint City/schools planning processes and recommend ways to improve those efforts. (d) Examine the funding options for constructing schools and report on the existing methodologies used by the elementary and high school districts. (e) Evaluate means by which the City and school districts can cooperate and provide joint school/park facilities to meet the needs of the community. WHEREAS, in order to facilitate Task Force activities, City, SUHSD and CVESD desire that Consultant provide program management, community relations, materials development, media relations, public affairs, and related consultant services ("Consultant Services")' and , , WHEREAS, City, SUHSD and CVESD have designated City as the appropriate party to contract with Consultant for the Consultant Services, subject to the terms and conditions set forth in a consulting services Cost Sharing Agreement which shall be entered into by City, SUHSD and CVESD; and WHEREAS, the approval ofthis Agreement is contingent upon the approval of said Cost Sharing Agreement which among other things shall provide for an equal sharing ofthe costs associated with this Agreement; and J:\Attorney\EHull\Katz\Consulting Agmt EWH Clean2.doc Page 1 /~-/~ WHEREAS, City has waived its consultant selection process in light of the urgent need to address these issues and the extensive relevant experience of Consultant which makes Consultant uniquely qualified to perform this work; and WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties". B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deljverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate J:\Attorney\EHull\Katz\Consulting Agmt EWH Clean2.doc Page 2 Irf-/3 fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall otherwise meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. J:\AtlorneylEHulllKatzlConsulting Agrnt EWH Clean2.doc Page 3 /£/-1'1 H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the Agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth J:\Attorney\EHull\Katz\Consulting Agmt EWH Clean2.doc Page 4 /t/-/5 on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materialsbeyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this Agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. City's obligation to pay Consultant's compensation hereunder shall be subject to City obtaining payment from SUHSD and CVESD as provided under the terms ofthe Consultant Services Cost Sharing Agreement. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall commence as of the date specified in Exhibit A, Paragraph 1 and shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. J:\Attorney\EHull\Katz\Consulting Agmt EWH Clean2.doc Page 5 /¥ -/ ~ Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an J:\AtlorneylEHulllKatzlConsultlng Agmt EWH Clean2.doc Page 6 /4-/7 economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless each of the City, SUHSD, CVESD and their respective elected and appointed officers and employees, (collectively, the "Indemnified Parties") from and against all losses, claims. damages, liabilities, costs and expenses (including without limitation attorneys fees) (collectively "losses") arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those losses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the Indemnified Parties. Also covered are J;\AUorney\EHull\Katz\C(;msulting Agmt EWH Clean2.doc Page 7 /Lf-IP losses arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the one or more 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. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the Indemnified Parties in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice ofTermination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this Agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. J:\AttorneylEHulllKatzlConsultlng Agmt EWH Clean2.doc Page 8 It( -/9 11. Assignability The services of Consultant are personal ~o the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to any subconsultants identified therein as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City, SUHSD and CVESD. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City, SUHSD and CVESD. City, SUHSD and CVESD shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee 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. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out ofthis agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as iffully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with Cityforthe purpose of resolving any dispute over the terms of this Agreement. J:\Attomey\EHull\Katz\Consulting Agmt EWH Clean2.doc Page 9 /¥-.2D 15. Attorney's Fees Should a dispute arising out ofthis Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, . nor their principals are licensed real estate brokers or salespersons. C. 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. J:\Attorney\EHuIl\Katz\Consulting Agmt EWH Clean2.doc Page 10 /¥ -2./ .' - . E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue 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 the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. / [End of page. Next page is signature page.] .;...; -- - J:\AttorneylEHulllKatzlConsulting Agmt EWH Clean2.doc Page 11 /¥-~~ -- ~~"-=-..~........."'¿.-..¿....... ~"....> "..,.- -~----- .~. DRAFT 9/5/02 Signature Page to Agreement for Consulting Services With Katz & Associates IN WITNESS WHEREOF, as of the Effective Date, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their fun and complete consent to its terms; City of Chula Vista Katz & Associates By: Shirley Horton, Mayor By: W,,;,,:aJ~~ ~ ftdn r_f a A. J en V\¥-'iJrJ [Print Name and Title] Attest: Vr CL... Pré'slde: vrr Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attomey C:\WINDOWS\Temporøry Internet Rle!l\OLK9380\Consulliog Agmt EWH Clean1.doc Page 12 l/f - .23 Exhibit List to Agreement (X) Exhibit A. - Specific Terms and Conditions (X) Exhibit B - Detailed Scope of Work J:\Attorney\EHull\Katz\Consulting Agmt EWH Clean2.doc Page 13 /4 -..<+ Exhibit A to Agreement for Consulting Services with Katz & Associates 1. Effective Date of Agreement: The date last executed or upon approval of the Consulting Services Cost Sharing Agreement by City, SUHSD and CVESD, whichever shall occur last. 1. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ("City") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: Katz Associates 5. Business Form of Consultant: () Sole Proprietorship () Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 4250 Executive Square Suite 670 La Jolla, Ca. 92037 Voice Phone (858) 452-0031 Fax Phone (858) 552-8437 7. General Duties: Provide program management, community relations, materials development, media relations, public affairs and related Consultant Services in order to facilitate the activities of the joint City, SUHSD, CVESD Task Force. J:\Attorney\EHull\Katz\Consulting Agmt EWH Clean2.doc Page 14 /4-,)5 8. Scope of Work and Schedule: A. Detailed Scope of Work: See Exhibit B attached hereto and incorporated herein by this reference. B. Date for Commencement of Consultant Services: The effective date of this Agreement. C. Dates or Time Limits for Delivery of Deliverables: EVENT DATE Kick Off Meeting Draft Mission Statement/Principles of Participation September 2002 Facilitate 8 Task Force Meetings September 2002 - April 2003 Provide Task Force Meeting Summaries September 2002 - April 2003 Facilitate and Conduct Tour of school facilities October 2002 Assist as Necessary to Provide Quarterly Reports November 2002 February 2003 Draft Task Force Report March 2003 Final Task Force Report April 2003 April 2003 Compile and Provide Master Interest List D. Date for completion of all Consultant services: April, 2003, or upon acceptance of Final Report by Task Force, whichever occurs later. J:\Attomey\EHull\Katz\Consulting Agmt EWH Clean2.doc Page 15 /¥ - .2.G 9. Insurance Requirements: (x) Statutory Worker's Compensation Insurance () Employer's Liability Insurance coverage: $1,000,000. (x) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). () Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: None 11. Compensation (X) Hourly Rate Arrangement For performance ofthe Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all ofthe Defined Services herein required of Consultant for $106,710 including all Materials, and other "reimbursables" ("Maximum Compensation"). Rate Schedule Category of Employee of Consultant Name Hourly Rate Lewis Michaelson Patricia A. Tennyson Sara Katz $ 50 $ 90 $150 $150 $170 Project Support Account Executive Facilitator/Director Vice-President Principal Jennifer Shira J:\Attomey\EHull\Katz\Consulting Agmt EWH Clean2.doc Page 16 /4-..<1 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: () None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ (X) Copies, not to exceed $ (X) Travel, not to exceed $ (X) Printing, not to exceed $ (X) Postage, not to exceed $ (X) Delivery, not to exceed $ (X) Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ At actual cost .36/mile At actual cost At actual cost At actual cost At actual cost 13. Contract Administrators: City: Daniel Forster Consultant: Patricia A. Tennyson Vice-President 14. Liquidated Damages Rate: Not Applicable 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. 16. . Consultant is not a Real Estate Broker and/or Salesman. 17. Permitted Subconsultants: As approved by City J:\AtlorneylEHulllKatzlConsulting Agmt EWH Clean2.doc Page 17 /4 -.2P 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly () Quarterly () Other: B. Day of the Period for submission of Consultant's Billing: () First of the Month (X) 15th Day of each Month () End of the Month () Other: 19. Security for Performance (X) Retention. 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" "8 ~ '" o o § J; l . ~ ~ ~ " COUNCIL AGENDA STATEMENT Item /5- Meeting Date 9/10/02 ITEM TITLE: Public Hearing to consider the adoption of an urgency ordinance modifying the existing Transportation Development Impact Fee and amending Chapter 3.54 of the Municipal Code Urgency Ordinance Amending the Transportation Development Impact Fee Program, Chapter 3.54 of the Municipal Code SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager ~ (4/5tbs Vote: Yes X No ) On August 13, 2002, Council approved Urgency Ordinance No. 2866-A, modifying the Transportation Development Impact Fee (TDIF) and amending Chapter 3.54 of the Municipal Code. This proposed Urgency Ordinance will enable the City to continue to collect the fee during the 60-day waiting period before the regular ordinance becomes effective. The public hearing has been duly noticed. RECOMMENDATION: That Council conduct the public hearing and approve the urgency ordinance amending Chapter 3.54 of the Municipal Code BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.. DISCUSSION: The Transportation Development Impact Fee (TDIF) Update Ordinance 2866 was introduced on August 13, 2002 and approved on August 20, 2002. It will become effective 60 days after its approval. Urgency Ordinance 2866-A, which was also adopted on August 13, 2002, expires 30 days after its adoption. Tonight's ordinance, if approved, will extend the new fee for an additional 30 days. A second extension of the urgency ordinance will be brought to Council on October 8 to continue the new fee until the regular Ordinance becomes effective. The new TDIF fee approved by Council on August 20, 2002 is $8,180 per equivalent dwelling unit (EDU) and is the same fee adopted in the urgency ordinance. The new TDIF fee is fully explained in the August 13. 2002 agenda statement, attached hereto. Table 1 presents the rates for the different land uses: Table 1. Proposed Fee Residential (LOW density) (0-8 DU/Acre)) $8,180/DU Residential (MED density) (>8-20 DU/Acrc) $6,544/DU Residential (HIGH density) (> 20 DU/Acre) $4,908/DU Senior Housing (Unit) $3,272/DU Commercial (Acre) $171,780/acre Commercial (High Rise) (Acre) $278,120/acre lndusn'ial (Acre) $65,440/acre Medical Center (Acre) $531,700/acre Golf Course (I 8 holes) $572,600/course Page 2, Item ~' Meeting Date 9/10/02 Findings Staff recommends that the TDIF go into effect immediately by adopting the Urgency Ordinance in order that all developments pay their fair share of the cost of public transportation improvements relating to the impacts caused by their development. Immediate implementation of this fee is necessary due to the current and immediate threat to public safety which will result should there be a shortfall in the amount of money necessary to pay for the various transportation facilities thereby resulting in severe congestion and failure of the public transportation network necessary to serve the increased population. The prospect cfa shortfall, failure of the street system and concerns about an increased charge to remaining property owners constitutes a current immediate threat to the public health, welfare and safety justifying the immediate imposition of this fee. Environmental Review The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(¢)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review will be required prior to the approval of final design plans and the awarding of construction contracts for facilities funded through Transportation Development Impact Fees. It should also be mentioned that the TDIF program includes funding for habitat mitigation that may be triggered by the construction of the facilities. FISCAL IMPACT: The Transportation Development Impact Fee, as for all of the City's Development Impact Fees, maintains separate funds from the general fund. There is no impact to the general fund from the update except the latent cost of additional maintenance as the circulation network increases. These maintenance costs may be offset with additional gas tax funds resulting from the increased traffic. Exhibits: l.Council Agenda Statement for August 13, 2002 File: 0730-95 HX068 and HX 001 J:\Engineer\AGENDA\2002TDIFUrgency ord B.doc dds 8/9/02 11:30 AM COUNCIL AGENDA STATEMENT Item t9 Meeting Date 8/13/02 ITEM TITLE: Public Hearing to consider the adoption of an ordinance and an urgency ordinance modifying the existing Transportation Development Impact Fee and amending Chapter 3.54 of the M unicipal Code Resolution ~,.6o~-5/0 Accepting a report prepared by Willdan recolnmcnding an updated Transportation Development Impact Fee to mitigate transportation impacts within the City's Eastern Territories Ordinance v~'& Amending the Transportation Development Impact Fee Program, Chapter 3.54 of the Municipal Code Urgency Ordinance ~'~"q Amending the Transportation Development Impact Fee Program, Chapter 3.54 of the Municipal Code Resolution T° 0~ -~"311 Amending the Fiscal Year 2002-03 Budget by appropriating $826,480 from the Available Fund Balance in the Transportation Development Impact Fee Fund to repay sewer loan authorized by Resolution No. 16706 SUBMITTED BY: Director of Public Work~ REVIEWED BY: City Manager (4/5tbs Vote: Yes X No ) ['he City's Transportation Development Impact Fee (TDIF) Program was established on January 12, 1988 by Ordinance 225 ]. Since its inception, the program has been updated several times to reflect ney, land uses approvals, changes to the Circulation Element of the General Plan, and updated project cost estimates. The last TDIF update was approved on November 16, 1999. Tonight, Council will consider the approval of the 2002 TDIF update recommending an increase from the current fee of $6,240 to $8,180 per Equivalent Dwelling Unit (EDU). The proposed Urgency Ordinance will enable the City to collect the fee during the 60-day waiting period before the regular ordinance becomes effective. The public heating has been duly noticed. RECOMMENDATION: That Council: 1. Conduct the Public Hearing. 2. Approve the Resolution accepting the report prepared by Willdan. 3. Approve the Ordinance amending Chapter 3.54 of the Municipal Code (first reading). 4. Approve the Urgency Ordinance amending Chapter 3.54 of the Municipal Code 5. Approve of the budget amendment appropriating $826,480 from the Available Fund Balance in the TDIF Fund to repay a loan from Sewer fund. BOARDS/COMMISSIONS RECOMMENDATION: The Economic Development Commission has reviewed the proposed increase but offered no recommendation. Page 2, Item [5 Meeting Date 8/13/02 DISCUSSION: 2002 TDIF Update New developments place demands on the existing transportation infrastructure, which can be mitigated by upgrading existing and/or constructing new transportation facilities. Chula Vista's TDIF program functions as a system to distribute the cost of constructing infrastructure facilities in an equitable manner among new development in Eastern Chula Vista. The proceeds from the fee are used to construct new transportation improvenlents. On August 2001, Council retained Willdan for updating the TDIF program. The amount of the TDIF fee has not been updated since 1999. During this time infrastructure cost and land uses have been modified. The 2002 update incorporates the following major changes: · Addition of Telegraph Canyon Road 0-805 to 200' E/O TC Shopping Ctr.), Main Street (I-805 underpass) widening projects, and East H Street (from 1-805 to 400' east of Hidden Vista). ,, Removal of East Palomar Street at 1-805 Interchange m~d La Media Road Bridge Crossing at Olay Valley projects · Completion of 13 projects or portions of projects · A provision to lower commercial, commercial high-rise and industrial Equivalent Dwelling Unit (EDU) rates · A shi ft to residential density based on tentative map dwelling units per acre as the fee basis rather than the classic "attached", "detached" and "multi-family" land used categories · Update the project cost estimates to 2002 prices. · Addition of a provision in the municipal code to permit the City, in its discretion, to provide an economic enhancement to developments that provide the City with a long term revenues · Slreamlining procedures for authorizing construction Exhibit 1 shows the Project Funding Requirements of $222,807,379. This amount includes $184,115,288 for facility construction, $6,684,221 for Program Monitoring (3% of the TDIF pro,am cost), and $24,756,270 in TDIF credits. The Program Monitoring will fund City's TDIF administration, and the cost of consultants and City staff participating in related projects/activities (i.e. fee updates, traffic monitoring program, lobbying the State for more transportation funds). Three percent of the TDIF program cost is $6,684,221. If spread equally over 20 years, the annual revenue would be $334,000 per year for program monitoring costs. The 2002 update recommends a TDIF of $8,180 per EDU. Table 1 below presents the rates for the different land uses. Page 3, Item I~ Meeting Date 8/13/02 Table 1. Proposed Fee ~roposed~a~d~se ~Classifica~oii.~ ............. ~ Residential (LOW density) (0-8 S8,180/DU $6,240/DU DU/Acre)) Residential (MED density) (>8-20 $6,544/DU $4,992/DU DU/Acre) Residential (HIGH density) (> 20 $4,908/DU $3,744/DU DU/Acre) Senior Housing (Unit) $3,272/DU $2,496/DU Commemial (Acre) $171,780/acre $156,000/acre Commercial (High Rise) (Acre) $278,120/acre $249,600/acre Industrial (Acre) $65,440/acre $93,600/acre Medical Center (Acre) $531,700/acre $405,600/acre Golf Course (18 holes) $572,600/course $436,800/course Basis and Methodology The basis and methodology used in calculating the fee in this update is consistent with the basis and methodology used in the '+Interim Eastern Area Development Impact Fee For Streets" adopted in January 1988 and also the "Eastern Area Development Impact Fees For Streets" adopted in January 1990. One of the primary assumptions in the formulation of the previous fees is that the need for additional public facilities is generated by new development and the cost of the facilities should be paid by that new development. The first step in this update was to determine which road improvements are required to be constructed in order to maintain an acceptable level of service on the City's circulation system east ofi-805 which are not included in normal subdivision exactions because those segments lie between two or more major developments rather than running through one development. The improvements that are to be constructed will serve the cntire benefit area by either providing roads for residents, employees, or customers to use, or by providing new streets for existing traffic, thus freeing up capacity on existing streets that can be used by new development. After reviewing traffic models, development proposals, future connections to SR-125 and 1-805, and land use patterns, a system of local roads that carry traffic beyond limited development areas (i.e.: semi-regional in nature) was adopted, gorne roads, which carry a lower volume of traffic, were included because they provided connections to future SR-125 and/or were between future development bubbles and would be needed by more than one of those areas to access other regional routes. The next step was to determine the method upon which the costs for the improvements would be spread. One of the most common tools used to equate benefit impact fees among the different land uses and densities is the "Equivalent Dwelling Unit" or "EDU". There is a clear relationship between the use of transportation facilities and the generation of traffic trips based on the land use and density cfa specific parcel. As in previous methodologies, this update is based on the report "San Diego Traffic Generators", published by SANDAG. This report details the traffic trips Page 4, Item I~ Meeting Date 8/13/02 generated by various classes of land use. The cost of all the required improvements has been spread equally based on the number of "Equivalent Dwelling Units" regardless of the location of any particular improvement relative to the development. This update has relied on traffic modeling techniques to determine the percentage of industrial and commercial trips that originate from within the TDIF benefit area that are already counted as part of other land uses in the TDIF program. Only those trips which originate outside of the TDIF benefit area are recommended for determining the fee for the commercial and industrial land uses. The analysis justifies reducing the commercial, commercial high-rise, and industrial rates fi'om 25 to 21 EDU's per acre, from 40 to 34 EDU's per acre, and from 15 to 8 EDU's per acre respectively. The proposed street improvements, which are required outside of normal subdivision exactions, are based on an analysis of the circulation system for various levels of development within the entire area of benefit, which is discussed below. All of proposed slxeet projects included are consistent with the General Plan and Specific Plans that have been adopted by the City Council and are required by the City's Growth Management Ordinance as a condition to all development within the area of benefit in order to maintain acceptable levels of service on the major roadways. The absence of contiguity to the proposed street projects is not essential to conferring a benefit to properties. The area of benefit is based on an analysis of impacts on the total circulation system east of 1-805 for various stages or increments of cumulative development within the total area of benefit. The circulation system must be viewed as a whole. Each of the proposed street projects will provide a benefit to every development because traffic from any one development will utilize the entire system to access work, commerce, schools, residences and the many other land uses throughout the City. It is difficult, if not impossible to isolate the value of any single street to any particular development because of the nature of traffic. A failure in any part of the system will have a negative impact in other parts of the system and traffic from the development closest to an impacted segment of street will be just as affected as traffic from a more distant development. The analogy ora water system is sometimes used where constrictions or breaks in any part of the system will have significant impacts on the whole system. Area of Benefit The TDIF program encompasses most properties within the City's jurisdiction located south of Bonita Road and east of 1-805 (see Exhibit 2). The proposed area of benefit contains a total of 27,236 EDU's. Table 2 below gives a summary of the development forecast within the Area of Benefit. Page 5, Item I~ Meeting Date 8/13/02 Table 2. Development Forecast Project 1999 Total Aggregate EDU's 2002 Total Aggregate EDU's Remaining Remaining Eastlake 9,026 4,386.9 Otay Ranch 22,930 19,353.9 Rolling Hills 1,752 1,270.8 Ranch San Miguel Ranch 1608.7 1,590.7 Bella Lago NA 150 Sunbow 1,551 484.2 TOTAL 36,867.7 27,236.5 The net decrease in Total Aggregate EDU' s Remaining is due to building permit activity, changes to EDU credits, the revision to density based residential EDU's, and lowering EDU rates for commercial, commemial high rise and industrial land uses. The 2002 TDIF report has been revised to clearly exclude the area bounded by Assessment District No. 90-2, Otay Valley Road (now Main Street) on the benefit area map. This is consistent with the 1999 and 2002 land use table which never included the EDU's from this area. The area within the Assessment District is excluded from the TDIF boundary because the property owners paid for the Otay Valley Road widening and improvement via the assessment district. Transportation Facilities There are 45 remaining projects within the proposed TDII~ program (See Table D). The cost estimate for constructing these roads is $184,115,288, including soft costs. Soft costs include 15% for contingencies, design costs, construction inspection/project management costs, and 2% on each project for the City's project specific administration/audit. This update includes most roads in the current Circulation Element of the General Plan in addition to capacity enhancement projects. These 'additional projects include.: · Main Street (I-805 underpass) widening · Telegraph Canyon Road (1-805 to 200' E/O TC Shopping Cir.) widening · East H Street westbound widening (400' east of Hidden Vista) Two projects, East Palomar St. at 1-805 and La Media bridge crossing, were deleted from the TDI]: program. Current build-out traffic model scenarios indicate that these projects may be deleted without substantial impacts to traffic circulation. Page 6, Item /3 Meeting Date 8/13/02 Tho TDIF program does not include those streets within the area of the Proposed University Site (Villages 9 and 10 of the Otay Ranch). It is anticipated that the University, if approved, would be responsible for constructing suitable transportation facilities, lfthe University is not constructed and the area develops according to the approved alternative, future updates will incorporate said area and related facilities into the program. This report also excludes the traffic EDU's contained within the proposed University site. TDIF Credit and Change to Credit Process There are a number of developers who have constructed TDIF roads in the past and maint~(m a credit against future TDIF fees in the estimated total amount of $24,756,270. The credits are summarized in Exhibit 4. Partial TDIF credits are provided to developers when building permits (and TDIF fees) are needed prior to the City acceptance of TDIF facilities. A 50% advance credit is made available to the developer for the time period after Director of Public Works has received sufficient bonds and approved the cost estimate but has not approved the bids. Once a bid has been approved, the Developer is provided with a 75% advance credit with the final 25% to be provided after the City has accepted and audited the facility. The existing TDIF Ordinance requires the developer to obtain Council authorization to construct a TDIY facility. Staff recommends the ordinance be amended to eliminate this step as the authorization is typically granted through the development entitlement process. Additionally, staff recommends amending the ordinance to eliminate the requh-ement to obtain Council authorization prior to receiving TDIF credit or reimbursement for construction of TDIF roads. Staff recommends the developer direct the request for TDIF credit or reimbursement to the city manager, thereby streamlining the credit issuance process. A minor change in the ordinance is recommended whereby the city manager's designee, not the director of public works, makes the final determination in th6 amount of reimbursement or credit at the 50%, 75% or 100% levels. This change is recommended to address organizational changes approved for this year. EDU Rates Government Code 66000 requires that the City establish a reasonable relationship between the projects to be funded and the fee. The TDIF program uses the Average Daily Trip (Al)T) which is converted to the Equivalent Dwelling Unit (EDU') as the tool to equate benefit impact fees among the different land uses. As indicated above, ADT generation rates published by SANDAG are used to deten'nine the impacts of the different land use categories on the transportation system. Each land use category is assigned a specific EDU rate. A low density (0-8 dwelling units/gross acre), residential unit is equal to 10 ADT or 1 EDU. Table 3 presents a comparison between the current and proposed rates. Page 7, Item : ~ Meeting Date 8/13/02 Table 3. EDU Rates Single Family Detached 1 EDU/DU Residential Low density 1 EDU/DU (SFD) (0-8 dwelling, units/acre) Single Family Attached 0.8 EDU/DU ResidentialMediumdensity 10.8 EDU/DU (SFA) (>8 - 20 dwelling units/acre) ~MultiFamily(MF) 0.6 EDU/DU Residential High density 0.6 EDU/DU (>20 dwelling units/acre) Senior Housing 0.4 EDU/Acre Senior Housing i 0.4 EDU/Acre Commercial 25 EDU/Acre Commercial 21 El)U/Acre High Rise Commercial 40 EDU/Acre High Rise Commercial 34 EDU/Acre Industrial 15 EDU/Acre Industrial 8 EDU/Acre Medical Center 65 EDU/Acre Medical Center 65 EDU/Acre Golf Course (18 holes) 70 EDU/course Golf Course 70 EDU/course Following is a brief discussion on the EDU rate schedule: The SANDAG Report ("San Diego Traffic Generators') identifies several categories of residential land use generating average daily trips (ADT's) ranging from 12 to 4 ADT's. The City historically has refined the SANDAG approach and has identified four categories based on the type of residential structure whether attached, detached, multifamily or senior housing, which also related to the density of the residential development according to the SANDAG Report. Th/s TDIF update eliminates the reference to product type and is based solely on the density of the residential development as a more accurate reflection of housing development within the Area of Benefit. The City, therefore, reconunends the following: 10 ADT's generated from a residential unit with densities ranging on average from 0 to 8 dwelling units per gross acm; 8 ADT's fi.om a residential unit with densities ranging fi-om greater than 8 to 20 dwelling units per gross acre; 6 ADT's from a residential unit with greater than 20 dwelling units per gross acre; and 4 trips from a unit in a senior housing complex. As part of this TDIF update, a traffic analysis of the industrial trip origin and destination was performed. This analysis was conducted to determine the percentage of the induslxial trips that originate from within the TDIF benefit area that are already counted as part of other land uses in the TDIF program. The analysis found that approximately 60 percent of the industrial trips are generated from within the City of Chula Vista TDIF area and 40 percent are from outside the TDIF area. Thus, the SANDAG industrial trip rate of 200 ADT could be reduced by up to 60 percent or to 80 trips per acre (8 EDU's per acre). This reduces the industrial trip generation rate from 150 trips per acre (1999 TDIF Update) to 80 trips per acre. Page 8, Item i~ Meeting Date 8/13/02 · For commercial development, as in previous updates, the "pass-by" trip phenomenon was included in setting the generation rate. Pass-by trips (also called undive~ed linked trips) are trips in which a stop at a retail commercial facility is one part of a linked trip to or fi.om home or work. In addition to the pass-by phenomenon, a traffic analysis for the commercial trip origin and destination was also performed as part of this TDIF update process. The analysis found that approximately 70 percent of the commercial trips are generated from within the City of Chula Vista TDIF area and 30 percent are from outside the TDIF area. Thus, the commercial trip rate for the purpose of the TDIF program could be reduced by up to 70 percent. Since the analysis was conducted using a Select Zone Analysis forecast for a representative Traffic Analysis Zone that had a SANDAG commercial trip rate of 700 trips per acre, the recommended TDIF commercial trip rate is 30 percent of 700 trips per acre or 210 trips per acre (21 EDU's per acre). (See attachment for additional information.) · Based on the results of the traffic analysis for commercial land uses including commercial high rise, staffrecommends a proportionate reduction in the high rise commercial trip generation rate from 400 trips to 340 trips per acre (34 EDU's per acre). Meetings with the Development Community Staffhas had numerous meetings with the development enmmunity throughout the update process. Issues raised by the developers were discussed and resolved. As aresult ofthesediscussions, several changes and modifications were incorporated into the program. Generally, the development community reviewed the fee proposal to ensure that cost estimates were not too high or low and to ensure that land uses were consistent with current entitlement information. The development community did not express to staffany strong opposition to the fee proposal. However, McMillin recommends that the commercial rate be further reduced to 120 trips per acre (12 EDU's), that the high rise commercial rate be based on square footage instead of gross acre for buildings 5 stories and higher, and that the city add an office building category. Corky McMillin Companies recommended the commercial rate reduction be based on a commercial vehicle trip generation rate of 400 trips per acre. Applying the 70% reduction would yield 120 trips : per acre (30% of 400) or 12 EDU's. Staffrecommends the reduction be based on 700 trips per acre, applying the 70% reduction yields 210 trips per acre or 21 EDU's. In reviewing SANDAG trip generation rates which range between 90 trips per acre and 2000 trips per aero and for the various commercial land uses, staffbelieves the 700 trips per acre, typical for community shopping centers, to be a more representafive figure for the commercial development in the Eastern Territories. Staff recommends that a comprehensive analysis for the high rise commercial rate and the office category rate be deferred for a future update of the TD~ program after adoption of the General Plan update. The specific uses anticipated for the high rise coratnercial land uses axe not yet known and staff recommends deferring additional change to this land use category until such time as additional information is available. Staff further recommends that consideration of a medium or high-rise office rate be deferred as all of the medium to high-rise office acreage is expected to be located within the Eastern Urban Center, the land use mix and character of which is being refined at the present time. Upon refinement of the land use mix and character of the Eastern Urban Center, the medium or high-rise office land use character will be known and it would be appropriate for Council to consider a change to the TDIF program to add such a category. Page 9, Item .... Meeting Date 8/13/02 La Media Bridge Crossing The 1999 Transportation Development Impact Fee (TDIF) program included funding for 50% of a bridge crossing over Otay River Valley as part of the La Media Road project at the City's southerly boundary. To date, neither the County of San Diego nor the City of San Diego have funded the other 50% of the bridge. A preliminary traffic analysis was conducted as part of the 2002 TDIF Update to analyze the need for the bridge. The outcome of the forecast appeared to conclude that traffic volumes in eastern Chula Vista will actually improve should construction of this segment of the City's circulation element in the eastem territories be delayed past the year 2020. Furthermore, the usefulness of the bridge to Chula Vista will diminish in the build out scenario once toll fees on SR125 are eliminated. As such, it is premature, burdensome, and unwarranted to commit to 50% funding of the bridge by the TDIF program. The 1999 bridge cost at 50% was approximately $8 million which represents 3% of the overall TDIF program cost. in addition, along with changes to the land uses, circulation Plan changes are expected due to the upcoming General Plan Update and as an outcome of the ongoing City of San Diego and County's planned land use changes in Otay Mesa. Therefore, it is staffs recommendation that the City's participation in the cost of constracting this crossing be revisited with the next update in connection with other expected General Plan changes. As an example of these possible changes, Main Stzeet (between Rock Mountain Road and SR 125) is being considered for deletion as a circulation element in the next General Plan update. It is recommended that the City cooperate with the City and the County of San Diego in the furore to define the City's participation. Gross Acreage Gross acreage as it applies to the commercial, high rise commercial, industrial and medical center development types, means all land area within the boundary of the parcel or parcels of the development project for which building permits are being requested. As a development project moves through the entitlement process from General Development Plan (GDP) to Sectional Planning Area Plan (SPA) to Tentative and Final Maps, the developable gross acreage changes and typically decreases. The attrition of acreage for these development types is addressed by frequent updates of the TDIF program. Each update of the TDIF program includes information from the latest entitlement documents. The intent of the frequent updates is to maintain a viable TDIF program that reflects dynamic development and minimizes the impact of any acreage reduction. Environmental Review The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a"Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review will be required prior to the approval of final design plans and the awarding of construction contracts for facilities funded through Transportation Development Impact Fees. It should also be mentioned that the TDIF Page 10, Item Meeting Date 8/13/02 program includes funding for habitat mitigation that may be triggered by the construction of the facilities. Proposed Ordinances and Economic Incentive Credit By amending Chapter 3.54 of the Municipal Code, Council will establish a new TDIF rate of$8,180 per EDU, will modify the number of EDU's for various land uses, will streamline the developer TDIF process, and will amend the existing TDIF program to include all the properties and transportation facilities identified in the report, tn addition, the amendment would enable the city to receive an Economic Incentive Credit, similar to the developer's credit, for TDIF eligible projects that the City funds, aside from current TDIF funding soumes. The Economic Incentive Credit could be used to offset TDIF costs for projects that the Council deems beneficial to the City. With this change, the Council has the option to receive an Economic Incentive Credit and use it for specific projects. The overall TDIF program cost will not be affected by the change. However, the development community will now have an opportunity to offset the cost of their TD~ obligations for their projects if Council deems their project beneficial to the City and authorizes use of the Economic Incentive Credit. Projects previously being funded by the City or funds previously committed to the TDIF program will not be eligible to be converted to Economic Incentive Credits. This ordinance will become effective 60 days after the second reading. Assuming that the second reading and adoption of the TDIF update takes place at the August 20th Council Meeting, the new fee will be in effect as of October 19, 2002 and collected with building permits issued on or after October 19, 2002. The "Urgency Ordinance" would go into effect immediately and will enable the City to collect the fee during the 60-day waiting period for the regular ordinance to become effective. This ordinance is only valid for 30 days (from August 13 through September 12), and therefore, it will be necessary to notice and hold a second and third hearing in order to extend the urgency ordinance in 30 day increments until the permanent ordinance becomes effective. An approval of 4/5~'s vote will be needed for all urgency Ordinances. Staffrecommends that the TDW go into effect immediately by adopting the Urgency Ordinance in order that all developments pay their fair share of the cost of public transportation improvements relating to the impacts caused by their development. Immediate implementation of this fee is necessary due to the current and immediate threat to public safety which will result should there be a shortfall in the amount of money necessary to pay for the various transportation facilities thereby resulting in severe congestion and failure of the public transportation network necessary to serve the increased population. The prospect of a shortfall, failure of the street system and concerns about an increased charge to remaining property owners constitutes a current immediate threat to the public health, welfare and safety:justifying the immediate imposition of this fee. Appropriation of TDIF funds In 1992, during the Assessment District No. 90-02 proceedings for the Otay Valley Road project (Main Street), Council approved, by Resolution 16706, a loan fi.om the sewer fund of $420,000 to the 'I'D~ Fund to offset the cost of the assessments to the property owners in that area. The loan amount and the interest on the loan have been built into the TDI1e program. Staffrecommends that the loan be repaid this fiscal year. The estimated amoant for repayment of the loan including interest is $826,480. A 4/5ths vote is required for the budget amendment. Page 11, Item /;; Meeting Date 8/13/02 FISCAL IMPACT: The Transportation Development Impact Fee, as for all of the City's Development Impact Fees, maintains funds separate funds from the general fund. There is no impact to the general fund from the TDIF update except the latent cost of additional maintenance as the circulation network increases. These maintenance costs may be offset with additional gas tax funds resulting from the increased traffic. Approval of tonight's resolutions includes a budget amendment appropriating $826,480 from the Available Fund Balance in the TDIF Fund to repay a loan from Sewer Fund. Exhibits: ]. Program Funding Requirements 2. Area of Benefit 3. Transportation Facilities 4. TD IF credits 5. Letter from Luce Forward dated August 2, 2002 Attachment: Engineer's Report 0730-95 HX068 and HX 001 J :\ENGINEERIaGENDA 12002TDlFUpdate.doc dds 817102 ]2:01:]8 PM . ~_L5:. -"--- ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 3.54, RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES WHEREAS, the City Council is placing an ordinance on its first reading which wi1l increase the development impact fee (per equivalent dwelling) unit to finance transportation facilities within the City of Chula Vista, and WHEREAS, the average daily trips for residential development shall be based on its density, and WHEREAS, pursuant to Government Code Section 66017(a), the fees increased by that ordinance will not become effective until sixty (60) days after its second reading, and WHEREAS, developments in the City which will impact various transportation facilities will be applying for building permits during the interim period before the development impact fee increase becomes effective, and WHEREAS, Government Code Section 66017(b) authorizes the City to adopt an interim fee as an urgency measure upon making a finding describing the current and immediate threat to the public health, welfare, and safety, and WHEREAS, said interim measure will be effective for thirty (30) days and may be extended twice for additional thirty (30) day periods upon subsequent action by the City Council, and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA, and WHEREAS, state law requires said urgency ordinance to be adopted by a four- fifths vote. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as f01l0ws: /5 -It.{ 1 SECTION 1: Findings The City Council finds that developers ofland within the Eastern Territory should be required to mitigate the burden created by development through the construction of transportation facilities within the boundaries of the development, the construction of those transportation facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards and the payment of a development impact fee to finance the development's portion of costs of the transportation network; and, The City Council finds that the legislative findings and determinations set forth in Ordinance No.2802 and No. 2823 continue to be true and correct; and The City Council finds, after consideration of the evidence presented to it including the "Eastern Area Development Impact Fees for Streets" dated July 2002, that certain amendments to Chapter 3.54 of the Chula Vista Municipal Code are necessary in order to assure that there are sufficient funds available to finance the transportation facilities necessary to serve the eastern territories by the development impact fee; and, The City Council finds, based on the evidence presented at the meeting, the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all development in the eastern territories for which building permits have not been issued is necessary in order to protect the public health, safety and welfare and in order to assure effective implementation of the City's General Plan; and, The City Council finds that the amount of the amended fees levied by this ordinance does not exceed the estimated cost of providing the transportation facilities; and, The City Council finds that it is appropriate to refine the fees for industrial and commercial land uses, including commercial high-rise, to reflect the findings of the analyses of the industrial and commercial trip origination and destination whereby only estimated trips generated ¡Yom outside the Transportation Development Impact Fee boundary shall be used in determining the fee for industrial, commercial and commercial high-rise land uses; and The City Council finds it is necessary to ensure the timely payment of the "DIF program monitoring" cost item, included in Table H "Program Funding Requirements" of the financial and engineering study, "Eastern Area Development Impact Fees for Streets" dated July, 2002, to adequately fund ongoing and future administration activities and studies. 15 -/6 2 SECTION 2: Finding of Urgency That the City Council of the City of Chula Vista finds that it is necessary that its development impact fee for transportation facilities go into effect immediately in order that all properties in the eastern section of the City pay their fair share of the cost of public transportation improvements relating to the impacts caused by their development. Immediate implementation of this fee is necessary due to the current and immediate threat to public safety which will result should there be a shortfall in the amount of money necessary to pay for the various transportation facilities thereby resulting in severe congestion and failure of the public transportation network necessary to serve the increased population. The City Council finds that the prospect of a shortfall, failure of the street system and concerns about an increased charge to remaining property owners constitutes a current, immediate threat to the public health, welfare and safety justifying the immediate imposition of this fee. SECTION 3: That the Development Impact Fee Schedule set forth in Section 3.54.0l0(C) of the Municipal Code, and as adjusted annually by the 20 City Construction Cost Index as published monthly in the Engineering News Record, shall be amended to read as f01l0ws: C. The amount of the fee for each development shall be calculated at the time of building permit issuance based upon the following schedule: Development Type Transportation Fee Residential (Low density) 0-8 du/gross ac Single family d@tach@d dw@lIing $8,180$5,920/dwelling unit (Medium density»8-20 dn/gross ac Single family attach@d dw@lling$6,544$4,738/dwelling unit (High density) >20 dn/gross ac MHltifamily dwelling $4,908$3,552/dwe1ling unit Senior housing $3,272$2,38g/dwelling unit Commercial $171,780$14g,OOO/gross ac High rise Gcommercial (high rise) $278,120$238,gOO/gross ac Industrial $65,440$gg,gOO/gross acre Golf course $572,600$ 414,400/ golf course Medical center $531,700$3g4,gOO/gross acre The density of the development type shall be based on the number of dwelling units per gross acre for single-family or multi-family residential and shall be based upon the densities identified on the approved tentative map or approved tentative parcel map entitling the development unless otherwise approved in writing by the city manager's designee. The gross acreage of the development type for commercial, high rise commercial, industrial and medical center shall include the gross acreage of all parcels that the city manager's designee deems necessary for the development project. 15 -16 3 The amount of the fee shall be adjusted, starting on October 1, 2003 :WOO, and on each October 1st thereafter, based on the one-year change (from July to July) in the 20 City Construction Cost Index as published monthly in the Engineering News Record. For reference purposes, the July 2002m9, 20 City Construction Cost Index is 6604.82 a07a.25. Adjustments to the above fees based upon the Construction Cost Index shall be automatic and shall not require further action of the city council. The city council shall at least annually review the amount of the fee. The city council may adjust the amount of the fee as necessary to reflect changes in the type, size, location or cost of the transportation facilities to be financed by the fee, changes in land use designations in the city's general plan, and upon other sound engineering, financing and planning information. Adjustments to the above fees resulting from the above reviews may be made by resolution amending the master fee schedule. SECTION 4: That the Definitions as set forth in Section 3.54.020 of the Municipal Code, shall be amended to read as follows: 3.54.020 Definitions. For the purposes of this chapter, the fol1owing words or phrases shall be construed as defined herein, unless from the context it appears that a different meaning is intended. A. "Building permit" means a permit required by and issued pursuant to the Uniform Building Code. B. "Director of Public Works" means the director of public works, the director of public works' designee or the city manager's designee. C. "Density" means dwelling units per gross acre identified for each planning area shown on the approved tentative map or approved tentative parcel map or as determined by the city manager's designee. D.g. "Developer" means the owner or developer of a development. KG, "Development permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the city. F.I}/'Development project" or "development" means any activity described in Section 66000 of the State Government Code. G.&. "Eastern Territories" generally means that area of the city located between Interstate 805 on the west, the city sphere of influence boundary on the east and northeast, the city boundary on the north and the city's southern boundary on the south, excepting Vil1ages 9 and 10 of the Otay Ranch (the University Site) as shown on the map entitled "Figure I" of the update of the financial and engineering studies. The property known as Bonita Gateway located at the northeast quadrant of Bonita Road and 1-805 intersection is also included. H.F-, "Financial and engineering studies" means the "Interim Eastern Area Development Impact Fee for Streets" study prepared by George T. Simpson and Willdan Associates dated November 1987; the "Eastern Area Development Fee for Streets" study prepared by Willdan Associates dated November 19, 1990; the Eastern Development Impact Fee for Streets - 1993 Revision" study prepared by city staff dated July 13, 1993; a¡¡Q the /5-/7 4 study prepared by Project Design Consultants ("Eastern Area Development Impact Fees for Streets, 1999 Update") dated October 25 1999;, and the study prepared by WiIIdan ("Eastern Area Development Impact Fees for Streets" dated July 2002), which are on file in the office of the city clerk. I.G. "High rise commercial" means commercial office usage five or more stories in height. J. "Transportation facility project" means that project or portion of project which involves the specified improvements authorized by Section 3.54.030. SECTION 5: That the transportation facilities to be financed by the fee as set forth III Section 3.54.030(A) shall be amended as follows: 3.54.30 Transportation facilities to be financed by the fee. A. The transportation facilities and programs to be financed by the fee established by this chapter are: 1. * State Route 125 from San Miguel Road to Telegraph Canyon Road. 2.* State Route 125 from Telegraph Canyon Road to Olympic Parkway Orange ¿^..T.'~nl:lg. 3.** Telegraph Canyon Road fÌom Paseo Del Rey to east of Pas eo Ladera/north side 3a.** Telegraph Canyon Road at 1-805 interchange/Phase II. 4.** Telegraph Canyon Road / Phase I Rutgers Avenue to Eastlake Boundary. 5** Telegraph Canyon Road / Phase II Paseo Ladera to Apache Drive. 6.** Telegraph Canyon Road / Phase III Apache Drive to Rutgers Avenue. 7. East H Street / 1-805 Interchange modifications. 8.** East H Street from Eastlake Drive to SR-125. 9** Otay Lakes Road fÌom Camino del Cerro Grande to Ridgeback Road. lOa. La Media Road from Telegraph Canyon Road to East Palomar Street. lOb. La Media Road from East Palomar Street to Olympic Parkway. 11. Bonita Road from Otay Lakes Road to Central Avenue. 12. Bonita Road from Central Avenue to San Miguel Road. 13. * San Miguel Road fÌom Bonita Road to SR-125. 14. ** East H Street from State Route 125 to San Miguel Road. 15.** Proctor Valley Road (East H Street) from San Miguel Road to Hunte Parkway. 16.** Olympic Parkway from Brandywine Avenue to Paseo Ranchero. 17&** East Palomar Street from Oleander Avenue to Medical Center Drive S,mbow Eactern Boundary. 17a. ** East Palomar Street from Medical Center Drive to Pas eo Ladera. 17b. East Palomar Street from Paseo Ladera to Sunbow eastern boundary to M@dical C@nt@r Driv@. 18.** Telegraph Canyon Road from eastern boundary of Eastlake to Hunte Parkway. 19** Eastlake Parkway from Otay Lakes Road to Eastlake High School southern boundary. 20** Hunte Parkway from Proctor Val1ey Road to Telegraph Canyon Road. 21.** Hunte Parkway from Telegraph Canyon Road to Club House Drive. 15 -It' 5 2la.** Hunte Parkway from Club House South Gr@@BÐ\'i@wDriveto Olympic Parkway. 22. Olympic Parkway from EaÐtlake Park'vay tQ HtlBt@ Parkway. 22a. Olympic Parkway from SDGE easement to Hunte Parkway. 22b. Olympic Parkway from SR 125 to SDGE easement. 23a.** Paseo Ranchero from Telegraph Canyon Road to East Palomar Street. 23b. **Paseo Ranchero from East Palomar Street to Olympic Parkway. 24a. Olympic Parkway from Paseo Ranchero to La Media Road. 24b. Olympic Parkway from La Media Drive to East Palomar Street. 24c. Olympic Parkway from East Palomar Street to SR125. 24d. Olympic Parkway from SR125 to EastIake Parkway. 25a. Olympic Parkway / 1-805 Interchange modifications to Brandywine Avenue. 25b.** Olympic Parkway from Oleander to Brandywine 26a.** East Palomar Street from @aÐt@rn Sm1bow BOlŒàary to Paseo Ranchero to Santa Maria. 26b.** East Palomar Street from Sunbow eastern boundary to Santa Maria 27. Deleted project (East Palomar Street at I-80S interchange). 28. Otay Lakes Road from Hunte Parkway to Wueste Road 29.** Olympic Parkway from Hunte Parkway to Wueste Road Olympic TraiBing C@Ðt@f. Otay Lakes Road from SR-125 to Eastlake Parkway. EastIake Parkway from Fenton Street to Otay Lakes Road. East "H" Street from I-80S to HiddenVista Drive. East "H" Street eastbound to Terra Nova Shopping Center. Bonita Road at Otay Lakes Road intersection. Otay Lakes Road at Elmhurst Drive intersection. East "H" Street at Otay Lakes Road intersection. Traffic Signal Interconnection / Eastern Territories. EastLake Parkway from EastIake High School southern boundary to Olympic Parkway. East "H" Street ¡Yom Paseo Del Rey to Tierra del Rey. Bonita Road from 1-805 to Plaza Bonita Road. Alta Road ¡Yom SR125 to Eastlake Parkway. Brandywine/Medical Center Drive from Medical Center Court to Olympic Parkway. Birch Road from La Media Road to SR 125. Birch Road from SR125 to Eastlake Parkway. Deleted project (Birch Road from Eastlake Parkway to Hunte Parkway). Eastlake Parkway from Olympic Parkway to Birch Road. EastIake Parkway from Birch Road to Alta Road Rock MCllmtain Road. Mt. Miguel Road from Proctor Valley Road North to SR 125. SOHth to Proctor Vall@y RQad NQrth. 47b. Mt. Miguel Road from SR 125 to Proctor Valley Road (South), previously named East "H" Street. Hunte Parkway from Olympic Parkway to EastIake Parkway Birch Road. Deleted project. [La Media Road bridge crossing the Otay River (one-half the cost)]. 30. 31. 32a. 32b. 33** 34.** 35.** 36. 37. 38** 39** 40. 41. ** 42. 43. 44. 45. 46. 47a. 48. 50. /5-/1 6 51. La Media Road from Olympic Parkway to Birch Road. 52. La Media Road from Birch Road to Rock Mountain Road. 53. La Media Road from Rock Mountain Road to Main Street (previously named Otay Valley Road). 54. La Media Road from Main Street Otay Vall@y Read to southern city boundary. 55. Otay Lakes Road from East H Street to Telegraph Canyon Road. 56a. Main Street Otay Vall@y Road from Nirvana ~ to Rock Mountain Road. 56b. Main Street Otay Vall@y Road from Rock Mountain Road to La Media Road. 56c. Main Street Otay Valley Road from La Media Road to SR125. 56d. Main Street at 1-805 Underpass widening. 57. Paseo Ranchero from Olympic Parkway to Main Street Otay VaHey Road. 58a. Paseo Ranchero from Main Street Otay Valley Road to southern City boundary (excludes inclading bridge crossing the Otay River) (on@ halftl!@ cost). 58b. Pas eo Ranchero bridge crossing the Otay River (0% of cost). 59a. Proctor VaHey Road from Hunte Parkway to RoIling Hills Ranch Neighborhood 9 west entrance eastern City IJOHndaf)' at Upper Otay R@s@rvoir. 59b. Proctor Valley Road from RoIling Hills Ranch Neighborhood 9 west entrance to easterly city boundary. 60. Rock Mountain Road fTom SR125 to Main Street Otay Valley Road. 61. Willow Street ¡Yom Bonita Road to Sweetwater Road (including bridge over Sweetwater River). 62. East H Street from Buena Vista Way to Otay Lakes Road. 63. Intersection signalization area wide within the Eastern Territories. 64. Development impact fee program support. * Project is now included in the interim pre-SRl25 transportation facility fee. ** Project has been completed. SECTION 6: That the developer authorization for construction of transportation facilities as set forth in Section 3.54.040(B) shaH be deleted: B. .^. developer may r@E¡H@Et atHhGrization from th@ city eoancil to conctruct one Gr more ofth@ faciliti@s listed in CVMC 3.54.030. SECTION 7: That the developer construction of transportation facilities as set forth III Section 3.54.040(C) shaH be amended as foHows: B.G, Whenever a developer requests reimbursement, or a credit against fees, for work to be done or paid for by the developer under subsections (A) ~) of this section, the request shaH be submitted in writing to the city manager's designee. cOHncil before commencement oftk@ work. 15 - 2ð 7 1. The request shall contain the follo'.'.'ing information and, if granted, ~hall b@ subj@ct to the following conditions: a description of the project with a detailed cost estimate which itemizes those costs of the construction attributable to the transportation facility project and excludes any work attributable to a specific subdivision project. The estimate is preliminary and the amount of reimbursement or credit against fees is subject to final determination by the city manager's designee. Additional information shall be provided to the city by the developer upon request of the city. 1. D@tail@d d@scriptiGn Gf the pmj@ct 'Nith a preliminary CG~t @~timat@. That portiGn Gf ¡¡reject which involv@s the sp@cifi@d impro'f@m@nts aIltheriz@d by CVMC 3.54.030 is r@f@rr@d tG herein as the transpGrtatiGn [aeility prej@et 2. Such reimbursement or credit against fees shall be subject to the following conditions: ba. Requirements of Developer. i.a. Preparation of plans and specifications for approval by the city; ii.~Secure and dedicate any right-of-way required for the transportation facility project; iii.lr.Secure all required permits and environmental clearances necessary fer the transportation facility project; iv.4-,Provision of performance bonds (where the developer intends to utilize provisions for immediate credit, the performance bond shall be 100 percent of the value of the transportation facility project); v.e,Payment of all city fees and costs. b.J. The city will not be responsible for any of the costs of constructing the transportation facility project. The developer shall advance all necessary funds to construct the transportation facility project. c.4. The developer shall secure at least three qualified bids for work to be done and shall award the construction contract to the lowest qualified bidder. The developer may cGmbine the construction of the transportation facility project with other development-related work ånd award one construction contract for the combined work based on a clearly identified process for determining the low bidder, all as approved by the city manager's designee dir@cter of pablic works. Should the construction contract be awarded to a qualified bidder who did not submit the lowest bid for the transportation facility project portion of the contract, the developer will only receive transportation development impact fee IDI¥ credit based on the lowest bid for the transportation facility portion of the contract. Any claims for additional payment for extra work or charges shall be justified, shall be documented to the satisfaction of the city manager's designee dir@cter of public wGrks and shall only be reimbursed at the prices for similar work included in the lGwest bid for the transportation facility portion of the contract. 5.Th@ d@wlGp@r shall pro'fid@ a detailed CG~t @~timat@ which Ü@ffiiz@s thGs@ CGsts of the cGnstmctioR attril:mtabl@ to the transpGrtatiGn facility proj@ct and @xclud@s any '.verk att,ibutabl@ tG a sp@cific sHbdivisiGn pmj@ct. Th@ estimate is preliminary and /'5 - 2 I 8 subject to final determination by the director sf]3ublic works HfJon com]3Mion oftbe trans]3ortatiofl facility preject. d.&.-Upon complying with conditions set forth in Section 3.54.040(B)1. and 2.a. above as determined by the city and upon approval of the estimated cost by the city manager's designee dir@ctor of ]3ublic works, the developer shall be entitled to immediate credit for 50 percent of the estimated cost of the construction attributable to the transportation facility proj ect. Once the developer has received valid bids for the project which comply with Section 3.54.040(B)2.c., entered into binding contracts for the construction of the project, and met the conditions set forth in Section 3.54.040(B)1. and 2.a. above as determined by the city, all of which have been approved by the city manager's designee director of public works, the amount of the immediate credit shall be increased to 75 percent of the bid amount attributable to the transportation facility project. The immediate credits shall be applied to the developer's obligation to pay transportation development impact fees for building permits issued after the establishment of the credit. The developer shall specify \h@sg those building permits to which the credit is to be applied at the time the developer submits the building permit applications. f.*If the developer uses all of the immediate credit before final completion of the transportation facility project, then the developer may defer payment of development impact fees for other building permits by providing to the city liquid security such as cash or an irrevocable letter of credit, but not bonds or set-aside letters, in an amOlmt equal to the remaining amount of the estimated cost of the transportation facility proj ect. g.&-' When all work has been completed to the satisfaction of the city, the developer shall submit verification of payments made for the construction of the transportation facility project to the city. The city manager's designee director sf public works shall make the final determination on expenditures which are eligible for credit or cash reimbursement. h.9.After final determination of eligible expenditures has been made by the city manager's designee dir@ctor of public works and the developer has complied with the conditions set forth in this Section 3.54.040(B) as determined by the city, the final amount of transportation development impact fee credits shall be determined by the city manager's designee. The developer shall receive credit against the deferred fee obligation in an amount equal to the difference between the final expenditure determination and the amount of the 75 percent immediate credit used, if any. The city shall notify the developer of the final deferred fee obligation, and of the amount of the applicable credit. If the amount of the applicable credit is less than the deferred fee obligation, then the developer shall have 30 days to pay the deferred fee. If the deferred fees are not paid within the 30-day period, the city may make a demand against the liquid security and apply the proceeds to the fee obligation. i..J.G. At the time building permits are issued for the developer's project, the city will incrementally apply credit which the developer has accrued in lieu of collecting the required transportation development impact fees. Th@ developer will r@c@iv@ any credit against r@(juir@d d€\'@lo]3m@nt impact fees iflcr@m€Rtally at the time building permits are issued fur tb@ developer's proj@ct The amount of the credit to be applied to each building permit shall be based upon the fee schedule in effect at /5- 2 2- 9 the time of the building permit issuance. The city manager's designee directer ef 1mblic werks shall convert such credit to an EDU basis for residential development and/or a gross acre basis for commercial or industrial development for purposes of determining the amount of credit to be applied to each building permit. If the total eligible construction cost for the transportation facility project is more than the total transportation development impact fees which will be required for the developer's project, then the amount in excess of development impact fees wi1\ be paid in cash when funds are available as determined by the city manager,; a reimbursement agreement will be executed; or the developer may waive reimbursement and use the excess as credit against future transportation development impact fee obligations. The city may, in its discretion, enter into an agreement with the developer to convert excess credit into EDU and/or gross acre credits for use against future development impact fee obligations at the fee rate in effect on the date of the agreement. j..l-hThe requirements of tIHs subsSection 3.54.040(B)fq may, in the city' s discretion, be modified through an agreement between @Bt@r@d inte with the developer and the city and approved by city council. SECTION 8: That the developer construction of transportation facilities as set forth III Section 3.54.040(D) shall be amended as follows: C.I* Whenever a transportation development impact fee credit is generated by constructing a transportation facility using assessment district or community facility district financing, the credit shall only be applied to the transportation development impact fee obligations within that district. SECTION 9: That Section 3.54.090 is added as follows: 3.54.090 Economic Incentive Credit The city council may authorize the city to participate in the financing of transportation facility projects or portions of transportation facility projects identified in Section 3.54.030. At the time of the appropriation of funds by city council for the construction of an eligible transportation facility, the city shall be eligible to receive a credit known hereafter as an Economic Incentive Credit. Such economic incentive credit may be applied to development impact fee obligations for those projects which the city council determines, in its sole discretion, to be beneficial to the city. The use of the economic incentive credit may be subject to conditions which shall be set forth in a written agreement between the developer of the project and the city and approved by city council. The amount of the credit shall be determined pursuant to Section 3.54.040(B). /5- 23 10 The city may receive Economic Incentive Credit only for those eligible projects (i) identified in Section 3.54.030 and (ii) for amounts of funding not identified in the financial and engineering study, "Eastern Area Development Impact Fee for Streets" dated July 2002. SECTION 10: Expiration of this ordinance This ordinance shall be of no further force and effect 30 days after its adoption. SECTION 11: Time limit for protest and judicial action Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by law. In accordance with Government Code Section 66020( d)(1), the ninety-day approval period in which parties may protest begins upon the effective date of this ordinance. SECTION 12: Effective Date This Ordinance shall become effective immediately upon four-fifths vote. Presented by: Approved as to form by: ð1 Tf1 ()j JO~heny ~ City Attorney John P. Lippitt Director of Public Works J :/attorney/ordltdifurgency cis 15-24 11 Page 1, Item /(o Meeting Date 9/10/02 COUNCIL AGENDA STATEMENT ITEM TITLE : Public Hearing to take public testimony on the formation of Community Facilities District No. 06-I (EastLake-Woods, Vistas and Land Swap) and to consider the authorization to levy special taxes and to incur a bonded indebtedness secured by such special taxes A) Resolution of the City Council ofthe City of Chula Vista, California, Forming and Establishing Community Facilities District No. 06-I (EastLake-Woods, Vistas and Land Swap), Designating Improvement Areas Therein and Authorizing Submittal of Levy of Special Taxes within each such Improvement Area to the Qualified Electors thereof B) Resolution of the City Council of the City of Chuta Vista, California, Declaring Necessity to incur Bonded Indebtedness for each Improvement Area of Community Facilities District No. 06-I (EastLake- Woods, Vistas and Land Swap), Submitting to the Qualified Electors of each such Improvement Area Separate Propositions to Authorize the Levy of a Special Tax within each such Improvement Area, to authorize such Community Facilities District to incur a bonded indebtedness for each such improvement area secured by the levy of a Special Tax within such Improvement Area to Finance certain types of Public Facilities and to establish an appropriations limit for such Community F~a,~ci}~lSes District, and giving notice thereon SUBMITTED BY: Director of Public Works ~I' ~'IL~,, REVIEWED BY: City Manager (4/Sths Vote: Yes No X) On April 16, 2002 Council accepted the EastLake Company, LLC application and approved the initiation of proceedings for the formation of Community Facilities Distri,ct No. 06-I (CFD No. 06-I). On July 23, 2002, Council approved the Resolution of Intention to form Community Facilities District No. 06-1 (CFD No. 06-1) and set the public hearing tbr September 10, 2002. CFD No.06-I will fund the construction of public facilities, such as roadways for the EastLake project. In addition, a portion of the proceeds may be authorized to be used for certain Traffic Enhancement projects, as directed by the City. Tonight's action will continue the formal proceedings leading to the establishment of Community Facilities District No.06-I. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council: · Open the Hearing, take public testimony, close the public hearing; · Approve the Resolution (A) Forming and Establishing Community Facilities District No.06-I (EastLake-Woods, Vistas and Land Swap), Designating Improvement Areas therein and Authorizing submittal of Levy of Special Taxes within each such Improvement Area to the Page 2, Item I(~ Meeting Date 9/10/02 Qualified Electors thereof; · Approve the Resolution (B) Declaring Necessity to incur Bonded Indebtedness for each Improvement Area of Community Facilities District No. 06-I (EastLake-Woods, Vistas and Land Swap), Submitting to the Qualified Electors of each such Improvement Area Separate Propositions to Authorize the Levy of a Special Tax within each such Improvement Area, to authorize such Community Facilities District to incur a bonded indebtedness for each such improvement area secured by the levy of a Special Tax within such Improvement Ama to Finance certain types of Public Facilities and to establish an appr?priations limit for such Community Facilities District, and giving notice thereon DISCUSSION: Background The public hearing is for the purpose of forming Community Facilities District No. 06-1 (EastLake- Woods, Vistas and Land Swap) and to consider the authorization to levy special taxes and to incur a bonded indebtedness secured by such special taxes. The Resolution of Intention to form the district was approved by City Council on July 23, 2002. Community Facilities Districts (CFD) provide the necessary funding for the acquisition of public improvements by levying an annual "special tax", which is collected from the property owners in conjunction with the property taxes. There is no direct cost to the City. All expenses related to the district administration (including levying and collecting the special taxes) are funded by the district. The ultimate security behind the bonds are the properties located within the district, not the City's General Fund or its ability to tax property within its jurisdiction. The district will be formed in conformance with the "City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts" (CFD Policy) as adopted on January 13, 1998 and amended on July 28, 1998. District Boundaries Exhibit 1 presents the boundaries of the proposed CFD No. 06-I, which includes parcels located within EastLake's Woods (394 gross acres), Vistas (343 gross acres), and "Land Swap" (143 gross acres) owned by either The EastLake Company, LLC or a merchant builder. The Woods and Vistas will comprise Improvement Area A and the "Land Swap" will comprise Improvement Area B. The Woods area is bound to the south by Otay Lakes Road with Hunte Parkway meandering northward almost bisecting the area. The Vistas is bound by Otay Lakes Road to the north, Olympic Parkway to the south and Wueste Road to the east. The "Land Swap" is actually two non-adjacent areas; 1 ) is the northernmost area being a triangular shaped set of parcels west of EastLake Parkway and bound by Otay Lakes Road to the north, and 2) the southernmost area is bound to the south by Olympic Parkway with EastLake Parkway projecting north just west of the center of the area. At buildout, Improvement Area A (Vistas and Woods) will consist of 1,597 single-family detached residential units, 111 single-family attached units, 300 multifamily units, a 10 acre commercial site and a 19 acre proposed hotel site. The Woods development area will consist of 663 single-fhmily Page 3, Item O Meeting Date 9/10/02 residential lots. The Vistas will be comprised of 934 single-family residential lots, 116 single-family attached lots, 300 multifamily apartment units, one ten acre commercial lot, and one 19 acre commercial lot. Several merchant builders have purchased subdivision tracts within the Woods and Vistas. In the Woods the following developers have proposed the following: Colrich with 77 units, Continental with 73 units, Cornerstone with 255 units and the remaining lots are currently owned by EastLake. In the Vistas the following developers have proposed the following: Davidson with 116 units, RWR with 82 units, Fieldstone with 93 units, William Lyons with 162 units, Western Pacific with 111, Cornerstone with 168 units and EastLake owns the remaining lots. At buildout, for Improvement Area B ("Land Swap") there will be 705 single-family mixture of detached and attached residential units, along with two commercial sites totaling 64 acres. These properties are ail currently owned by The Eastlake Company, LLC. The Improvements On July 23, 2002 Council declared its intention to approve the authorization to levy a Special Tax based on the "Rate and Method of Apportionment' for Improvement Area A and Improvement Area B. The master developer (The Eastlake Company) intends to sell only the bonds for Improvement Area A at this time. The bonds for Improvement Area B will be sold at a later date in early 2003, given certain City of Chula Vista threshold requirements and other facilities constraints. Preliminary estimates show that the maximum tax revenue (using the proposed special tax rates) from all the properties within only Improvement Area A would support a total bond indebtedness of approximately $39 million (assuming a 6.5% interest rate and a 30-year term on the bonds). A bond sale amount of $39 million will finance approximately $31 million in facilities (i.e. grading, landscaping, streets, utilities, drainage, sewer, etc). The balance of the proceeds of the bonds proposed to be issued for Improvement Area A would provide for a reserve fund, capitalized interest and pay district formation and bond issuance costs. The maximum tax revenue (using the proposed tax rates) from all properties within only Improvement Area B would support a total bond indebtedness of approximately $11 million (assuming a6.5 % interest rate and a30year term on the bonds). Abond sale amount of$11 million will finance approximately $8.7 million in facilities (similar to the Improvement Area A) with the balance of such bond proceeds providing capitalized interest on such bonds and a separate reserve fund paying bond issuance costs. The developer is proposing the financing of backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, utilities) and public facilities DIF improvements. Following is a general description of the proposed facilities, but not limited to: · Olympic Parkway · Otay Lakes Road · EastLake Parkway · Hunte Parkway · Proctor Valley Road · Telegraph Canyon Road Page 4, Item /~? Meeting Date 9/10/02 · Traffic Signals In addition to the above facilities, this CFD's bonding capacity may be used for the "Traffic Enhancement Program" within the greater eastern territories of Chula Vista. These transportation facilities will provide additional traffic capacity and could include the following projects: · Telegraph Canyon Road East of 1-805 · Telegraph Canyon Road / I 805 On Ramp Improvements As noted above, it is estimated that only $50 million may be able for funding by this district. A final priority list and cost estimates for each of the eligible improvements for CFD No. 06-I financing by Improvement Area A and B will be brought later to Council in conjunction with the Acquisition/Financing Agreement and other bond documents. The City may, in its sole discretion, elect to authorize and make the proceeds of any subsequent series of bonds available to pay the cost of construction or the purchase price for the acquisition of Improvements for Transportation Facilities. This could result in the revision of the facilities priority structure for the utilization of such bond proceeds. Ultimately, as subdivision exactions, the developer will finance required improvements that this CFD district cannot finance. In addition, the proposed CFD lies within the City of Chula Vista's Development Impact Fee (DIF) benefit area that places a cap on the CFD's ability to finance certain improvements. Staff and the consultant team are working with the developer to achieve a balance between DIF and non-DIF improvements within the district. The actual amount to be financed by each of the Improvement Areas within CFD No. 06-I would depend upon a number of factors including final interest rates on the bonds.and the value to lien ratio and may be higher or leis than the potential bond costs mentioned above. Special Tax Report A copy of the Special Tax Report ("Community Facilities District Report Mello-Roos Community Facilities Act of 1982 Community Facilities District No. 06-1 for EastLake-Vistas, Woods and Land Swap) prepared by the Special Tax Consultant, McGill Martin Self, Inc. (included as Exhibit 2) is on file and available for public review in the City Clerk's Office. Said report incorporates the "Rate and Method of Apportionment" (RMA) (previously approved by Council on July 23, 2002), that establishes the procedures for levying the special taxes in CFD No. 06-I. The district is divided into the following three Land Use Class classifications within each Improvement Area: Land Use Classes: 1) Developed Residential Property; 2) Developed Commercial Property; and 3) Hotel Property Page 5, Item Meeting Date 9/10/02 The proposed Tax Rates for each hnprovement Area are as follows: · Residential Developed Parcels (single and multi family residences) are taxed on the square footage of the building. The proposed iesidential tax rates are as follows: Residential Developed Parcels Maximum Annual Special Tax Land Use Class 1 - Improvement Area A Zone 1 (Vistas) $.58 per square foot of Residential Floor Area Land Use Class 1 - Improvement Area A Zone 2(Woods) $.67 per square foot of Residential Floor Area Land Use Class I - Improvement Area B (Land Swap) $.74 per square foot of Residential Floor Area At the time the tax is levied, developed parcels are those parcels for which a building permit has been issued. This tax rate has been determined by a preliminary "2% maximum tax" analysis. Said analysis, which is based on estimated house sizes and prices, sets the amount of the maximum special tax that may be levied by CFD No. 06-I on residential parcels. It should be noted that a final test will be required at escrow closing using actual house sale prices. If the 2% limit is exceeded, the developer is required to buy down the lien to an amount sufficient to meet the 2% criteria. As mentioned above the final 2% test has previously been applied at the time of the close of escrow of the sale of a lot and house to the first retail buyer. By applying the test at this time, the actual sales price of the house can be incorporated into the test. The developer of this CFD is, however, planning to sell custom lots within a portion of Improvement Area A (designated as Neighborhood WR- 1) in addition to production units. At the time of the close of escrow on the sale of a custom lot from the developer to a homeowner the actual cost of the home to be constructed on such a custom lot will in all likelihood not be known. In order to apply the final 2% test at the close of the escrow of the sale of the custom lot, staff is recommending that an assumed cost of construction for the custom home be added to the sales price of the lot itself. The City's land use entitlements applicable to the custom tots require that a minimum size home of 3200 square feet be constructed on any custom lot. Staff recommends that the assumed cost of construction of the custom home be based upon the construction of this minimum sized home at a cost of construction per square foot to be determined by the City Engineer after consultation with the Planning and Building Department and the developer. Applying these assumptions will provide for a conservative test result for any custom lot. These requirements will be incorporated into the Acquisition/Financing Agreement for this CFD that will be presented to the City Council for approval prior to the authorization of the issuance of bonds for Improvement Area A. · Commercial Developed Parcels are taxed based on the acreage of the parcel. The proposed commercial tax rates are as follows: I Commercial Developed Parcels l Maximum Armual Special Tax [ Page 6, Item {¢ Meeting Date 9/10/02 Land Use Class 2 - Improvement Area A Zone 1 (Vistas) $6,000 per acre of Commercial Property Land Use Class 2 - Improvement Area A $6,000 per acre of Commercial Property Zone 2(Woods) Land Use Class 2 - Improvement Area B (Land Swap) $6,000 per acre of Commercial Property At the time the tax is levied, developed parcels are those parcels for which a building permit bas been issued. · Hotel Developed Parcels are taxed based on the acreage of the parcel. The proposed commercial tax rates are as follows: Hotel Developed Property Maximum Annual Special Tax Land Class 3 ~ Improvement Area A Zone 1 (Vistas) $6,000 per acre of Hotel Property At the time the tax is levied, developed parcels are those parcels for which a building permit has been issued. The RMA determines that the classification of Property Owner Association Property, Public Property, Community Purpose Facility Property and Assessor's Parcels with Public or utility easements shall not reduce the sum of all Taxable Property to less than approximately 180 acres within Zone 1 (Vistas) and approximately 166 acres within Zone 2(Woods) of Improvement Area A and less than approximately 89 acres within Improvement Area B. Collection of Taxes First, the maximum special taxes will first be levied on the Developed Property. Second, if this pool of funds is not enough to meet the annual debt service, as may be the case in the early years of development, the City Administrator will levy a tax on the Undeveloped Property. Again, if additional monies are needed after the first two steps have been completed, the special tax shall be levied proportionately on each parcel from the Assigned Special Tax to the Maximum Annual Special ' Tax by the application ofthe Backup Special Tax. If after these three steps are exhausted and there is still a need for additional monies, then the special tax shall be levied proportionately on each parcel for the Assigned Special Tax to the Maximum Annual Special Tax. After build-out, if determined by the City Administrator that the annual tax need is less than the collectible tax from the Developed Parcels, the special taxes to be levied in that specific year will be reduced proportionally. Since this district is assessed based on the square footage of the home or commemial property the bondholders require protection in the event that the developer builds less than projected. This district uses a Backup Special Tax where when each Final Subdivision Map is recorded within an Improvement Area the Backup Special Tax will be applied or modified based on the Developed Property or Commercial Property. The Backup Special Tax formula utilizes Maximum Annual Special Tax for Undeveloped Property times the acreage (Final Subdivision Map), divided by the Page 7, Item Meeting Date 9/10/02 number of lots (Final Subdivision Map). The two approved "Rate and Method of Apportionment" also include provisions for the prepayment of the special taxes in the event the developer or a future property owner decides to do so. Value to Lien Ratio Policy Council policy requires a minimum 4:1 value-to-lien ratio. A ratio of less than 4:1, but equal to or greater than 3:1, may be approved, in the sole discretion of Council, when it is determined that a ratio of less than 4:1 is financially prudent under the circumstances of a particular CFD. A final appraisal and lien ratio analysis would be available for Council consideration prior to bond sale, which is planned for late in 2002. If the final analysis shows parcels which fail to meet the 4:1 or 3:1 ratio, the developer would be required to either: · Provide cash or letters of credit to maintain the lien ratio within the City criteria; or, · The principal amount of the bonds to be issued for CFD No. 06-I will be reduced to comply with City policy; or, · Provide sufficient information to convince Council that a lesser lien ratio is prudent. Maximum Tax Policy Council Policy establishes that the maximum annual CFD special taxes applicable to any newly developed residential property shall be no more than 1% of the sale price of the house. In addition, the aggregate of all annual taxes and assessments is limited to 2% of the sale price of the house. A preliminary calculation of the maximum tax, using estimated house prices, has been completed and all homes fall below the 2% limit. A final test will be performed at escrow closing using the actual sale price of the house. Council Policy requires that at or prior to each closing of escrow, the escrow company shall apply a "calculation formula" previously approved by the City Engineer to determine the aggregate of regular County taxes, Mello-Roos taxes, and assessment installments. If the 2% limit were exceeded, the developer would be required to provide cash to buy down the lien to an amount sufficient to meet the 2% tax ceiling. Compliance with this procedure would ensure that the aggregate tax to be paid by the purchaser of the house meets the City's criteria, since the 2% limit is a City policy the limit is not being included in the rate and method of the district. Resolutions There are two resolutions on today's agenda that, if adopted, will accomplish the following: RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 06-I is the formal action forming and establishing Community Facilities District No. 06.-I, designating improvement areas, and authorizing submittal of the levy of special taxes to the qualified electors, and performs the following: · Sets the name of the District; · Identifies the Special Tax Report prepared by McGill Martin Self, Inc. as the report to be used Page 8, Item Meeting Date 9/10/02 for all future proceedings; · Establishes a Special Tax secured by a continuing lien to secure the bonds. The Special Tax is set forth in the Rate and Method of Apportionment, which will be approved by the adoption of this Resolution; · Submits the levy of the special tax to the property owners; and · Describes the type of facilities to be financed by the district. RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS is a formal action submitting to the Qualified Electors for each Improvement Area of Community Facilities District No. 06-I (EastLake-Woods, Vistas and Land Swap), a Proposition to incur a Bonded Indebtedness Secured by the Levy of a Special Tax within such Improvement Areas to Finance certain types of Public Facilities and performs the following: · Declares that a bond issuance is necessary; · Describes the type of facilities to be financed within each Improvement Area and collectively within the district; · Limits the bond term to 30 years for each bond issue; · Submits two ballot propositions to the property owners to (a) incur a bonded indebtedness not to exceed $50 million (Improvement Area A - $39 million and Improvement Area B -$11 million) to pay for authorized facilities pursuant to the special tax formula and to levy a special tax, and (b) to establish an appropriations limit for the district; and · Establishes an election procedure. Notice All property owners within the district have been notified of the public hearing through the mail as well as a published notice in the San Diego Daily Transcript or any other adjudicated newspaper in general circulation. Future Actions Adoptions of tonight's Resolutions will Form and Establish CFD No. 06-I, will direct staff to prepare the necessary ballot documents and to a hold special election on September 17, 2002. The City Council on the October 1, 2002 Agenda will hear and certify the election results, and have the first reading of the Ordinance to levy Special Tax. Fiscal Impacts There will be no direct fiscal impact to the City. The developer will pay all formation costs and has deposited money to fund initial consultant costs, and City costs in accordance with the approved Reimbursement Agreement. The City will receive the benefit of the full cost recovery for staff time involved in district formation and administration activities. Staff anticipates that most of the CFD No. 06-I administration will be contracted out. The CFD administration cost is estimated at $75,000 annually. In accordance with the CFD Policy, as consideration for the City's agreement to use the City's Page 9, Item [(? Meeting Date 9/10/02 bonding capacity to provide the financing mechanism for the construction of the proposed improvements, the developer will pay one percent (1%) of the total bond authorization. Said requirement will be memorialized in the Acquisition/Financing Agreement that will be brought to Council at a later date. Based on a series of bond sales, in a total aggregate amount of $50 million (Improvement Area A - $39 million and Improvement Area B - $11 million), said monetary compensation would be $500,000. Said amount shall be paid prior to bond sale (Scheduled for Fall 2002) and will be deposited into the General Fund. The CFD Policy also stipulates that said compensation is not eligible for financing by CFD No. 064. Attachments: Exhibit 1: Recorded Boundary Map for CFD No. 06-I Exhibit 2: Special Tax Report: "Community Facilities District No. 06-I EastLake-Woods, Vistas and Land Swap Improvement Area A and Improvement Area B" J:\Engineer\LANDDEV\CFD' s\CFDO61\CAS 9-10-02.doc COMMUNITY FACILITIES DISTRICT MELLO-ROOS COMMUNITY FACILITIES ACT 1982 SPECIAL TAX REPORT COMMUNITY FACILITIES DISTRICT NO. 06-1 IMPROVEMENT AREAS A AND B EASTLAKE-WOODS, VISTAS AND LAND SWAP For the City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 CIIY OF CHUIA VISTA Prepared by McGill Martin Self, Inc. 344 F Street Suite 100 Chula Vista, California 91910 August27,2002 TABLE OF CONTENTS Page I. INTRODUCTION ................................................................................. 1 II. PROJECT DESCRIPTION .................................................. 2-4 III. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES ........................ 4 A. Description of Proposed Public Improvements ................................... 4-5 B. Estimated Cost of Proposed Public Improvements .............................. 5-6 IV. BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES .................................... 6 A. Projected Bond Sales ............................................................... 6 B. Incidental Bond Issuance Expenses to be Included in the Proposed Bonded Indebtedness .........................................................................6 C. Incidental Expenses to be Included in the Annual Levy of Special Taxes. 7 V. RATE AND METHOD OF APPORTIONMENT OF THE SPEC1AL TAX ..................... 7 A. Explanation for Special Tax Apportionment .................................... 7-8 B. Maximum Annual Special Tax Rates ............................................ 9 C. Backup Special Tax ................................................................ 9 D. Accuracy of Information ........................................................... 9 VI. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT .................................. 9 VII. GENERAL TERMS AND CONDITIONS ....................................................... 9 A. Substitution Facilities .............................................................. 9-10 B. Interim Transportation Facilities .................................................. 10 C. Appeals .............................................................................. 10 EXHIBITS. Exhibit A Recorded Boundary Map Exhibit B-1 Rate and Method ofApportioument - Improvement Area A Exhibit B-2 Rate and Method of Apportionment - Improvement Area B Exhibit C Assigned Maximum Special Tax Rates I. INTRODUCTION WHEREAS, the City of Chula Vista did, pursuant to the provision 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 (hereinafter referred to as the "Act"), and specifically Section 53321.5 thereof, expressly order the filing of a written "Report" with the legislative body of the proposed Community Facilities District. This Community Facilities District being Community Facilities District No. 06-I (EastLake-Woods, Vistas and Land Swap) shall hereinafter be referred to as: "CFD No. 06-I"; and WHEREAS, the Resolution Ordering and Directing the Preparation of a Report for Proposed Community Facilities District No. 06-I (EastLake-Woods, Vistas and Land Swap) did direct that said Report generally contain the following: FACILITIES: A full and complete description of the public facilities the acquisition of which are proposed to be financed through the CFD. COST ESTIMATE: A general cost estimate setting forth costs of acquiring such facilities. SPECIAL TAX: Further particulars and documentation regarding the rate and method of apportionment for the authorized special tax. NOW, THEREFORE, I, John Lippitt P.E., the Director of Public Works of the City of Chula Vista, and the appointed responsible officer directed to prepare this Special Tax Report or cause the Report to be prepared pursuant to the provisions of the Act, do hereby submit this Report. Community Facilities District No. 064 Page 1 EastLake-Woods. Vistas and Land Swap August 2002 II. PROJECT DESCRIPTION This Community Facilities District No. 06-I (CFD No. 06-I) encompasses approximately 879.73 gross acres of land located in the portion of the south San Diego City of Chula Vista known as "EastLake- Woods, Vistas and Land Swap". Refer to Exhibit A - for a reduced copy of the Recorded Boundary Map. Of this acreage, approximately 486.7 acres is expected to be developed by several merchant builders for residential and commercial development, 12.9 acres for Community Facilities, 16.85 for parks, 40.81 for schools, .84 acres for a fire station. This Community Facilities District (CFD No. 06-I) is divided into two separate areas, Improvement Area A and Improvement Area B. Improvement Area A Improvement Area A consists of approximately 737.10 gross acres of land in CFD No. 06-1. Improvement Area A is divided into two zones, mainly for Special Tax purposes. The Vistas comprises Zone 1 and the Woods comprises Zone 2. Vistas {Zone 1) The Vistas (Zone 1) is bound by Otay Lakes Road to the north and Wueste to the east. Zone 1 has 171.41 acres designated for residential housing space. Davidson, RWR, Fieldstone, Cornerstone, William Lyon and Western Pacific have closed on certain Planning Areas within Zone 1. Davidson has purchased Planning Area VR-3 and will build approximately 116 single- detached units, RWR has purchased Planning Area VR- 4 and will build approximately 82 single-family detached homes, Fieldstone has purchased Planning Area VR-5 and VR-6A and will build approximately 93 single-family detached units, William Lyon has purchased Planning Area VR-9 and VR-11 and will build approximately 162 single-family detached units, Cornerstone has purchased Planning Area VR-8 and will build approximately 168 single-family detached units and Western Pacific has purchased Planning Area VR-10 and will build approximately 111 single family attached units. The remaining single-family detached product will be built as part of Planning Areas VR-1, VR- 2, VR-6b, VR-7, and remaining multi-family product will be part of VR-12. These Planning Areas are anticipated to be sold over the next 24 to 36 months. These residential lots will be sold to other merchant builders and will proceed with construction of the units on their own timeframe. At build-out, it is expected that the Vistas (Zone 1) will consist of approximately 934 Single Family Detached Units, 111 Single Family Attached Units, 300 multi-family units, a 10 acre commercial development, a 19 acre proposed hotel site, a 13.39 acre Park site, 12.9 acres for Community Facilities. The Single Family Uses are anticipated to generate approximately 2,846,379 square feet of residential building square footage. The total taxable acreage for this improvement area including the 10% contingency factor is approximately 180 acres. Community Facilities District No. 06-1 Page 2 EastLake-Woods, Vistas and Land Swap August 2002 Woods (Zone 2) The Woods (Zone 2) is bound by Otay Lakes Road to the south with Hunte Parkway meandering north almost bisecting the area. Zone 2 has 184.70 acres designated for residential housing. Colrich, Continental and Cornerstone have closed on certain Planning Areas. Colrich has purchased Planning Area WR-3 and will build approximately 77 single-detached units, Continental has purchased Planning Area WR- 4 and will build approximately 73 single-family detached homes Cornerstone has purchased Planning Area WR-6 and WR-7 and will build approximately 255 single-family detached units. The remaining single-family detached product will be built as part of Planning Areas WR-1, WR-2 and WR-5. These single-family lots will be sold to other merchant builders and will proceeds with construction of the units on their own timeframe. At build-out, it is expected that the Woods (Zone 2) will consist of approximately 663 Single Family Detached Units, a 3 acre Park site, 40.81 acres for a school and .84 acres for a fire station. The Single Family Uses are anticipated to generate approximately 1,840,714 square feet of residential building square footage. The total taxable acreage for this improvement area less a 10% contingency factor is approximately 166 acres. Special taxes for CFD No. 06-I (EastLake-Vistas, Woods and Land Swap) Improvement Area A for the Vistas (Zone 1) and the Woods (Zone 2) shall be levied to Taxable Property to satisfy the Special Tax Requirement as follows: · First, to Developed Property up to the Maximum Annual Special Tax; · Second, if necessary, to Undeveloped Property up to the Maximum Annual Special Tax for Undeveloped Property; · Third, if necessary, Maximum Annual Special Tax derived by the application of the Backup Special Tax increased proportionately from the Assigned Special Tax up to the Maximum Annual Special Tax ,and; · Fourth, if necessary, Special Tax increased proportionately, to Undeveloped Property pursuant to Section E of Exhibit B-1 up to the Maximum Annual Special Tax for Undeveloped Property. Improvement Area B Improvement Area B ("Land Swap") consists of approximately 143 gross acres. The "Land Swap" is actually two non-adjacent areas; 1) is the northernmost area being a triangular shaped west of EastLake Parkway bound by Otay Lakes Road to the north, and 2) the southernmost area is bound to the south by Olympic Parkway with EastLake Parkway projecting north just west of the center of the area. Of this acreage, approximately 41 acres is designated for residential housing and 64 acres is proposed for a commercial use. Communit? Facdities District No. 06-1 Page 3 EastLake-Woods, Vistas and Land Swap August 2002 At build-out it is expected that there will be a mixture of approximately 705 Single Family detached and attached residential units along with two commercial sites totaling approxhnately 105 acres. The total taxable acreage for this improvement area less a 10% contingency factor is 94.10 acres. Special taxes for CFD No. 06-I (EastLake-Vistas, Woods and Land Swap)) Improvement Area B shall be levied to Taxable Property to satisfy the Special Tax Requirement as follows: · First, to Developed Property up to the Maximum Annual Special Tax; · Second, if necessary, to Undeveloped Property up to the Maximum Annual Special Tax for Undeveloped Property; · Third, if necessary, Maximum Annual Special Tax derived by the application of the Backrup Special Tax increased proportionately from the Assigned Special Tax up to the Maximum Annual Special Tax and · Fourth, if necessary, Special Tax increased proportionately, to Undeveloped Property pursuant to Section E of Exhibit B-2 up to the Maximum Annual Special Tax for Undeveloped Property. III. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES A. Description of Proposed Public Improvements A community facilities district may provide for the purchase, construction, expansion, or rehabilitation of any real or tangible property, including public facilities and infrastructure improvements with an estimated useful life of five (5) years or longer, which is necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring within the community facilities district. In addition, a community facilities district may pay in full all amounts necessary to eliminate any fixed special assessment liens or to pay, repay, or defease any obligation to pay or any indebtedness secured by any tax, fee, charge, or assessment levied within the area of the community facilities district. The facilities described in this Report are all facilities which the legislative body creating CFD No. 06-I is authorized to own, construct, or finance, and which are required, in part, to adequately meet the needs of CFD No. 06-I. In addition, the facilities meet the criteria for authorized public facilities set forth in the City's Statement of Goals and Policies regarding the establishment of Community Facilities Districts. The actual facilities described herein are those currently expected to be required to adequately meet, in part, the needs of CFD No. 06-I. Because the actual needs of CFD No. 06-I arising as development progresses therein may differ from those currently anticipated, CFD No. 06- I reserves the right to modify the actual facilities proposed herein to the extent CFD No. 06-I deems necessary, in its sole discretion to meet those needs. The Special Taxes required to pay for the construction or financing of said facilities will be apportioned as described in the Rate and Method of Apportionment (RMA) of the Community Facilities District No. 06-1 Page 4 EastLake - Woods, Vistas and Land Swap August 2002 Special Tax for CFD No. 06-I Improvement Area A (Exhibit B-i) and CFD No. 06-I Improvement Area B (Exhibit B-2). Proceeds of the proposed bonded indebtedness of CFD No. 06-1 will be used to finance backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, utilities, etc.), public facilities DIF Improvements Traffic Enhancement Facilities facilities. Following is a general description of the proposed facilities: · E. Olympic Parkway · W. Olympic Parkway · Otay Lakes Road · EastLake Parkway · Hunte Parkway · Proctor Valley Road · Telegraph Canyon Road · Traffic Signals B. Estimated Cost of Proposed Public Improvements The facilities and the estimated costs herein are subject to review and confirmation. The costs listed in Table 1, are estimates only, based upon current construction and land costs and actual costs may differ from those estimates herein TABLE 1 Facilities Improvements Estimated Cost · East Olympic Parkway $6,628,980 · W. Olympic Parkway $14,317,392 · Otay Lakes Road $8,113,494 · EastLake Parkway $6,351,966 · Hunte Parkway $1,565,687 · Proctor Valley Road $1,000,000 · Telegraph Canyon Road $2,700,000 · Traffic Signals $2,222,000 Community Facilities District No~ 06-1 Page 5 EastLake~Woods, Vistas and Land Swap ~4ugust 2002 IV. BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES A. Project Bond Sale For CFD No. 06-I there will be two separate issuance of bonds. One for Improvement Area A and one for Improvement Area B each with its own accounting, processing, and specifics to its obligated improvements within the CFD No. 06-1. The bond amount for CFD No. 06-1 Improvement Area A will be $39 million, which will finance approximately $31 million in facilities. The bonds issued by CFD No. 06~I Improvement Area B will be $11 million, which will finance approximately $8.7 million in facilities. The bonds for Improvement Area A are presently planned to be sold in the Fall of 2002 while the bonds for Improvement Area B are planned to be sold in early to mid 2003. The bonds issued by CFD No. 06-I Improvement Areas A and B will meet the terms and conditions of special tax bonds set forth in the City's Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts. B. Incidental Bond Issuance Expenses to be Included in the Proposed Bonded Indebtedness for Improvement Areas A and B Pursuant to Section 53345.3 of the Act, bonded indebtedness may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the proposed debt is to be incurred, including, but not limited to, the costs of legal, fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the district due and payable prior to the expiration of one year from the date of completion of the facilities, not to exceed two years; election costs; and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs. The reserve fund is estimated to be the maximum allowable under Federal Tax Law. All other incidental bond issuance expenses are estimated at 4 percent of the face amount of the bonds. C. Incidental Expenses to be Included in the Annual Levy of Special Taxes for Improvement Areas A and B Pursuant to Section 53340 of the Act, the proceeds of any special tax may only be used to pay, in whole or part, the cost of providing public facilities, services and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the cost of planning and designing public facilities to be financed, including the cost of environmental evaluations of those facilities; the costs associated with the creation of the district, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the district; any other expenses incidental to the construction, completion, and inspection of the authorized work; and the retirement of existing bonded indebtedness. While the actual cost of administering CFD No. 06-I may vary, it is anticipated that the amount of special taxes, which can be collected, will be sufficient to fund at least $75,000 in annual administrative expenses prior to build-out of the project. Community Facilities District No. 06-1 Page 6 EastLake - Woods, Vistas and Land Swap August 2002 V. RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX All of the property located within CFD No. 06-I, unless exempted by law, shall be taxed for the purpose of providing necessary facilities to serve CFD No. 06-I. Pursuant to Section 53325.3 of the Act, the tax imposed "is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property." The Special Tax "may be based on benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel or other reasonable basis as determined by the legislative body," although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article ×IIIA of the California Constitution. As shown in Exhibit B-1 and B-2, for Improvement Area A and Improvement Area 13 respectively, the Rate and Method of Apportionment provides information sufficient to allow each property owner within CFD No. 06-I to estimate the maximum annual Special Tax he or she will be required to pay. Sections A through C, below, provide additional information on the Rate and Method of Apportionment (RMA) of the Special Tax for CFD No. 06-I. A. Explanation for Special Tax Apportionment When a community facilities district is formed, a Special Tax may be levied on each parcel of taxable property within the CFD to pay for the construction, acquisition and rehabilitation of public facilities, to pay for authorized services or to repay bonded indebtedness or other related expenses incurred by CFD No. 06-I. This Special Tax must be apportioned in a reasonable maimer; however, the tax may not be apportioned on an ad valorem basis. When more than one type of land use is present within a community facilities district, several criteria may be considered when apportioning the Special Tax. Generally, criteria based on building square footage, acreage, and land uses are selected, and categories based on such criteria are established to differentiate between parcels of property. These categories are a direct result of the developer's projected product mix, and are reflective of the proposed land use types within that community facilities district. Specific Special Tax levels are assigned to each land use class, with all parcels within a land use class assigned the same Special Tax rate. The Act does not require the Special Taxes to be apportioned to individual parcels based on benefit received. However, in order to insure fairness and equity, benefit principles have been incorporated in establishing the Special Tax rates for CFD No. 06-I. The major assumption inherent in the Special Tax rates set forth in the Rate and Method of Apportionment is that the level of benefit received from the proposed public improvements is a function of land use. This assumption is borne out through an examination of commonly accepted statistical measures. Community Facilities District No. 06-1 Page 7 EastLake-Woods, Vistas and Land Swap August 2002 For example, in measuring average weekday vehicle trip-ends, the Institute of Transportation Engineer's 1995 Trip Generation report identifies land use as the primary determinant of trip-end magnitude. Commercial land uses typically generate more trip- ends than do single family residential land use. Similarly, larger single family detached dwellings typically generate a greater number of trip-ends than do smaller single family detached homes, and therefore, will tend to receive more benefit fi.om road grading, road landscaping and road improvements. Drainage and flood control requirements generally vary with the amount of impervious ground cover per parcel. It follows that larger homes which have more impervious ground cover will create relatively more drainage flow than smaller homes. Special taxes for CFD No. 06-I Improvement Areas A and B (EastLake-Woods, Vistas and Land Swap) shall be levied to Taxable Property to satisfy the Special Tax Requirement as outlined in the CFD No. 06-I Improvement Areas A and B RMA's. The Land Use Class Categories of Taxation have been established for CFD No. 06-I. The categories are defined as follows: ~ Residential Developed Parcels (single and multi-family residences) are taxed on the square footage of the building; >' Commercial Developed Parcels are taxed based on the acreage of the panel )~ Hotel Developed Parcels are taxed based on the acreage of the parcel. Based on the types of public facilities that are proposed for CFD No. 06-1 and the factors described above, the Special Taxes assigned to specific land uses are generally proportionate to the relative benefits received by them, and, accordingly, the Special Taxes in CFD No. 06-I can be considered fair and reasonable. B. Maximum Annual Special Tax Rates Exhibit C lists the Maximum Annual Special Tax rates that may be levied against Developed Property, Commercial and Hotel Property within Improvement Areas A and B of CFD No. 06-I. The City Council will annually determine the actual amount of the Special Tax levy based on the method described in the RMA's and subject to the maximum Special Tax rates contained in Exhibit C. The City will levy a Special Tax to the extent necessary, sufficient to meet the Special Tax Requirement. C. Backup Special Tax When a Final Subdivision Map is recorded within each Improvement Area, the Backup Special Tax for Assessors Parcels of Developed Property classified as Residential Property or Conunercial Property will be determined pursuant to Section C.l.b of Exhibit B-1 for Improvement Area A and C.1 .b of Exhibit B-2 for Improvement Area B. Community Facilities District No. 06-1 Page 8 EastLake - Woods, Vistas and Land Swap August 2002 D. Accuracy of Information In order to establish the Maximum Annual Special Tax rates and the Backup Special Tax as set forth in the Rate and Method of Apportionment for CFD No. 06-I, McGill Martin Self, Inc. has relied on information including, but not limited to absorption, land-use types, building square footage, and net taxable acreage which were provided to McGill Martin Self, Inc. by others. McGill Martin Self, Inc. has not independently verified such data and disclaims responsibility for the impact of inaccurate data provided by others, if any, on the Rate and Method of Apportionment for CFD No.06-I (Improvement Area A and 8), including the inability to meet the financial obligations of CFD No. 06-I. VI. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT The boundaries of CFD No. 06-I include all land on which the Special Taxes may be levied. The Recorded Boundary Map of the area included within CFD No. 06-I is provided as Exhibit A. VII. GENERAL TERMS AND CONDITIONS A. Substitution Facilities The description of thc public facilifics, as set forth herein, are general in their nature. The final nature and location of improvements and facilities will be determined upon thc preparation of final plans and specifications. Thc final plans may show substitutes, in lieu or modifications to the proposed work in order to accomplish thc work of improvement, and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service and are of a type substantially similar to that as set forth in this Report. B. Transportation Enhancement Facilities The City may, in its sole discretion, elect to authorize and make the proceeds of any subsequent series of bonds available to pay the cost of construction or the purchase price for the acquisition of Improvements for Transportation Enhancement Facilities. This could result in the revision of the facilities priority structure for the utilization of such proceeds. C. Appeals Any landowner who feels that the amount of the Special Tax is in error may file a notice with the City Administrator, appealing the levy of the Special Tax pursuant to the procedure specified in Exhibit B-1 and B-2. As appropriate the City Administrator will then review the appeal and, if necessary, meet with the applicant. If the findings of the City Administrator verify that the amount of the Special Tax should be modified or changed, then, as appropriate, the Special Tax levy shall be corrected, pursuant to Section F of the RMA's. Community Facilities District No, 06-1 Page 9 EastLake-Woods, Vistas and Land Swap August 2002 EXHIBIT A CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE-WOODS, VISTAS AND LAND SWAP) RECORDED BOUNDARY MAP Community Facilities District No. 06-1 Page 10 EastLake- Woods, Vistas and Land Swap August 2002 EXHIBIT B-1 CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE-WOODS, VISTAS AND LAND SWAP) RATE AND METHOD OF APPORTIONMENT IMPROVEMENT AREA A Community Facilities District No. 06-1 Page 11 EastLake-Woods, Vistas and Land Swap August 2002 RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 06-1 IMPROVEMENT AREA A (Eastlake - Woods and Vistas) Property within the City of Chula Vista Community Facilities District No. 06-I, Improvement Area A ("Improvement Area A") and collected each Fiscal Year commencing in Fiscal Year 2003-2004 in an amount determined by the City Council through the application of the appropriate Special Tax for "Developed Property," and "Undeveloped Property" as described below. All of the Taxable Property in Improvement Area A, unless exempted by law or by the provisions hereof, A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable 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 meaning: "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, parcel map, condominium plan, record of survey, or other recorded document creating or describing the land area. If the preceding maps for a land area are not available, the Acreage of such land area shall be determined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of Improvement Area A including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD-06-1, or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD-06-I, or any designee thereof of providing continuing disclosure; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD-06-I, or any designee thereof related to any appeal of the levy or application of the Special Tax; and the costs associated with the release of funds from an escrow account, if any. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD-06-I, for any other administrative purposes of Improvement Area A, including, but not limited to attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. City qf Chula Vista Community Facilities District No. 06~I, Improvement Area A Eastlake Woods and Vistas Page l "Assessor's 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 County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section C.1 .a. "Available Funds" means the balance in the reserve fund established pursuant to the terms of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent Special Tax payments not required to fund the Special Tax Requirement for any preceding Fiscal Year, and Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such Indenture. "Backup Special Tax means the Special Tax amount set forth in Section C. 1 .b. "Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series, issued or incurred by CFD-06-I for Improvement Area A under the Act. "Bond Year" means a one-year per/od begi~ming on September 2® in each year and ending on September 1st in the following year, unless defined otherwise in the applicable Indenture. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD-06-I" means City of Chula Vista Community Facilities District No. 06-1. "City" means the City of Chula Vista. "Commercial Property" means all Assessors' Parcels of Developed Property, for which a building permit(s) was issued for a non-residential use, excluding Community Purpose Facility Property and Hotel Property. "Community Purpose Facility Property" means all Assessors' Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2452. "Council" means the City Council of the City, acting as the legislative body of CFD-06-I. "County" means the County of San Diego. Community Facilities' District No. 06-1, Improvement Area A Eastlake Woods' and Vistas Page 2 "Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to March 1 of the prior Fiscal Year. "Exempt Property" means property not subject to the Special Assigned Tax due to its classification as either Public Property, Property Owner Association Property, Community Purpose Facility Property, public or utility easements "Final Subdivision Map" means a subdivision of property, created by recordation of a Final Subdivision Map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Hotel Property" means any Assessor's Parcel(s) of Commercial Property within the boundaries of CFD 06-I entitled or otherwise designated by the City to be used as a Hotel site. "Hotel" means a building or group of buildings comprising six or more individual sleeping or living units without kitchens, except as otherwise provided herein, for the accommodation of transient guests. "Improvement Area A" means Improvement Area A of CFD No. 06-1 known as the Woods and Vistas. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Tables 1 and 2 of Section C. "Lot" means an individual legal lot created by a Final Subdivision Map for which a building permit for residential construction has been or could be issued. "Master Developer" means the owner of the predominant amount of Undeveloped Property in Improvement Area A. "Maximum Annual Special Tax" means the maximum annual Special Tax, determined in accordance with the provisions of Section C, which may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Outstanding Bonds" means all Bonds, which remain outstanding as defined in the Indenture. C'i~ of Chula Vista Community ?acilities District No. 06-1, Improvement Area A Eastlake Wooc~ and l/istas Page 3 "Property Owner Association Property" means any property within the boundaries of Improvement Area A owned by or dedicated to a property owner association, including any master or sub-association. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Annual Special Tax or the Backup Special Tax is equal for all Assessors' Parcels of Developed Property within Improvement Area A. For Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property within Improvement Area A. "Public Property" means any property within the boundaries of Improvement Area A that is owned by or dedicated to the federal government, the State of California, the County, the City or any other public agency. "Residential Property" means all Assessors' Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Residential Floor Area" means all of the square footage of living ama within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator by reference to appropriate records kept by the City's Building Department. Residential Floor Area fo~ a residential structure will be based on the building permit(s) issued for such structure. "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount of Special Tax revenue required in any Fiscal Year for Improvement Area A to: (i) pay annual debt service on all Outstanding Bonds (as defined in Section A) due in the Bond Year beginning in such Fiscal Year; (ii) pay other periodic costs on Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; and (v) pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD- 06-I provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on the Undeveloped Property and for Improvement Area A; less (vi) a credit for Available Funds. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of Improvement Area A that are not exempt from the Special Tax pursuant to law or Section E below. City of Chula Vista Community Facilities District No. 06-I, Improvement Area A Eastlake - Woo& and Vistas Page 4 "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as Developed Property. "Zone 1" means a specific geographic location known as the Vistas development area as depicted in Exhibit A attached herein. "Zone 2" means a specific geographic location known as the Woods development area as depicted in Exhibit A attached herein. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Assessors' Parcels o£ Taxable Property within Improvement Area A shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below. Developed Property shall be assigned to Zone i or Zone 2 and shall be £urther classified as Residential Property, Commercial Property or Hotel Property. C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax £or each Assessor's Parcel o£ Residential Property, Commercial Property or Hotel Property shall be the greater of (1) the Assigned Special Tax described in Tables 1 and 2 below or (2) the Backup Special Tax computed pursuant to b. below. a. Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Tables 1 and 2. TABLE 1 Zone 1 (Vistas) Assigned Annual Special Tax for Developed Property Land Use Class Description Assigned Annual Special Tax 1 Residential Property $0.58 per square foot of Residential Floor Area 2 Commemial Property $6,000 per Acre 3 Hotel Property $6,000 per Acre City of Chula Vista Community Facilities District No. 06-[, Improvement Area A Ea3tlake Woods and Vistas Page 5 TABLE 2 Zone 2 (Woods) Assigned Annual Special Tax for Developed Property Land Use Class Description Maximum Annual Special Tax 1 Residential Property $0.67 per square foot of Residential Floor Area 2 Commercial Property $6,000 per Acre b. Backup SpecialTax When a Final Subdivision Map is recorded within Zone 1 and 2 of Improvement Area A the Backup Special Tax for Assessor's Parcels of classified as Residential Property, Commercial Property or Hotel Property shall be determined as follows: For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property upon its development within the Final Subdivision Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone l(Vistas) $11,037 x A L Zone 2(Woods) $8,332 x A L The terms above have the following meanings: B = Backup Special Tax per Lot in each Fiscal Year. A =. Acreage classified or to be classified as Residential Property in such Final Subdivision Map. L - Lots in the Final Subdivision Map which are classified or to be classified as Residential Property. For each Assessor's Parcel of Commercial Property or Hotel Property or for each Assessor's Parcel of Undeveloped Property to be classified as Commercial Property or Hotel Property within the Final Subdivision Map area, the Backup Special Tax shall be determined by multipI.ying $11,037 for Zone 1 and $8,332 for Zone 2 by the total Acreage of each Assessor's parcels of the Commercial or Hotel Property CiO~ o~' Chula Vista ('ommunity Facilities District No. 06-1, Improvement Area A Eastlake - Woods and Vistas Page 6 and Undeveloped Property to be classified as Commercial Property or Hotel Property within the Final Subdivision Map area. Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Commercial Property, Hotel Property or Undeveloped Property for which the Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Subdivision Map, then the Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the amount of Backup Special Tax that would have been generated if such change did not take place. 2. Undeveloped Property The Maximum Annual Special Tax for each Assessor's Parcel classified as Undeveloped Property shal[be $11,037 per acre for Zone 1 and $8,332 per acre for Zone 2. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine thc Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property within Zones I or 2 at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, excluding any Assessor's Parcels classified as Undeveloped Property pursuant to Section E, at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel of Developed Property whose Maximum Annual Special Tax is derived by the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's Parcel. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel classified as Undeveloped Property pursuant to Section E at a rate up to 100% of the Maximtm~ Annual Special Tax for Undeveloped Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased by more than ten percent per year as City of Chula Vista Community Facilities District No. 06-1, Improvement Area A Eastlake Woods and Vistas Page 7 a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel. E. EXEMPTIONS 1. The CFD Administrator shall classify the following Assessor Parcel(s) as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Community Purpose Facility Property, and (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; provided, however, that no such classification shall reduce the sum of all Taxable Property within Zone 1 (Vistas) to less than 180.03 Acres and within Zone 2 (Woods) to less than 166.23 acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than for Zone 1 (Vistas) 180.03 acres and Zone 2 (Woods) 166.23 acres will be classified as Undeveloped Property and shall be taxed as such. Tax exempt status for purposes of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes Exempt Property. 2. The Maximum Annual Special Tax obligation for any property which would be classified as Public Property upon its transfer or dedication to a public agency but which cannot be classified as Exempt Property as described in paragraph I of Section E shall be prepaid in full by the seller pursuant to Section H.I, prior to the transfer/dedication of such property to such public agency. Until the Maximum Annual Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Undeveloped Property. F. REVIEW/APPEAL COMMITTEE Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error, if following such consultation, the CFD Administrator determines that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action (if any by the CFD Administrator), the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of CFD-06-I a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. City of Chula Vista Community Facilities District No. 06-1, lrnprovement Area A Eastlake Woods and Vistas Page 8 G. MANNEROF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD-06-I, may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels of Taxable Property that are delinquent in the payment of Special Taxes. Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFD Public Facilities" means either $34.5 million in 2002 dollars, which shall increase by the Construction Inflation index on July 1, 2003, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities under the authorized bonding program for CFD No. 06-I Improvement Area A, or (ii) shall be determined by the Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment as described in Section D. "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act. "Construction Inflation Index" means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction fund, or funded by the Outstanding Bonds as defined below, minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment, and minus public facilities costs paid directly with Special Taxes. "Outstanding Bonds" means all previously issued Bonds which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. City of Chula Vista ('ommunity Facilitiex District No. 06-1, lmpravement Area A Eastlake - Woods and Vistas Page 9 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied for an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Public Property. The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided, however that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of Prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the Prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this figure. The Prepayment Amount shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Step No.: l. For Assessor's Parcels of Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which a building permit has been issued to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit, issued for that Assessor's Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property. 2. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within Improvement Area A excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid. City of Chula Vista Community Facilities District No. 06-I, Improvement Area A Eastlake Woods and Vistas Page 10 3. Multiply the quotient computed pursuant to paragraph 2 by the principal amount of the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). 4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium on the next possible Bond call date, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 5. If all the Bonds authorized to be issued for Improvement Areas A have not been issued, compute the Futura Facilities Costs. 6. Multiply the quotient computed pursuant to paragraph 2 by the amount if any, determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount'). 7. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year, which have not yet been paid. 10. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses (including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption) from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 11. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount computed pursuant to paragraph 8 10 (the "Defeasance Amount"). 12. Determine the administrative fees and expenses of CFD-06-I, applicable prepayment totals, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the cost of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses") 13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the mnount derived by subtracting the new reserve requirement (as defined in the indenture) in effect after the redemption of Outstanding Bonds as a result of the City of Chula Vista Community Facilities District No. 06-I, Improvement Area A Eastlake - Woods and Vistas Page 11 prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such first interest payment (the "Capitalized Interest Credit"). 15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 11, and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Prepayment Amount"). 16. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 11, i3, and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 12 shall be retained by CFD-06. The amount computed pursuant to paragraph 5 shall be deposited in the Construction Fund. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within Improvement Area A both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. 2. Prepayment in Part The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued City of Chula Vista CommuniO, Facilities' District No. 06-l, Improvement Area A Eastlake Woods and Vistas Page 12 may be partially prepaid. The amount of the prepayment shall be calculated as in Section H 1; except that a partial prepayment shall be calculated according to the following formula: PP = (PE x F) + A These terms have the following meaning: PP - the partial prepayment PE - the Prepayment Amount calculated according to Section H.1, minus Administrative Expenses and Fees determined pursuant to Step 12. F - the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Annual Special Tax. A- the Administrative Expenses and Fees determined pursuant to Step 12. The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Step 16 of Section H. 1, and (ii) indicate in the records of CFD-06-I that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. 1. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2003-2004 to the extent necessary to fully satisfy the Special Tax Requirement and shall be levied for a period no longer than the 2042-2043 Fiscal Year. J:\Engineer~AGENDA\Atiachments~CFD No 06-L RMA In~p A 9-10-02 doc City of Chula Vista Community Facilities District No. 06-1, Improvement Area A Eastlake Woo& and Vistas Page 13 EXHIBIT B-2 CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE-WOODS, VISTAS AND LAND SWAP) RATE AND METHOD OF APPORTIONMENT IMPROVEMENT AREA B Community Facilities District No. 06-1 Page 12 EastLake - Woods, Vistas and Land Swap August 2002 RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 06-I IMPROVEMENT AREA B (EastLake - "Land Swap") A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within the City of Chula Vista Community Facilities District No. 06-I, Improvement Area B ("Improvement Area B") and collected each Fiscal Year commencing in Fiscal Year 2003-2004 in an amount determined by the City Council through the application of the appropriate Special Tax for "Developed Property," and "Undeveloped Property" as described below. All of the Taxable Property in Improvement Area B, 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 meaning: "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, parcel map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps for a land area are not available, the Acreage of such land area shall be determined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of Improvement Area B including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD-06-I or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD-06-I or any designee thereof of providing continuing disclosure; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD-06-I or any designee thereof related to any appeal of the levy or application of the Special Tax; and the costs associated with the release of funds from an escrow account, if any. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD-06-I for any other administrative purposes of Improvement Area B, including, but not limited to cio' of Chula Vista Community Facilities District No. 06-], Improvement Area B. .. ~, Ea~tLake - Land Swap ~ ~ ~ ~' Page 1 attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or pamel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section C. I .a. "Available Funds" means the balance in the reserve fund established pursuant to the terms of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent Special Tax payments not required to fund the Special Tax Requirement for any preceding Fiscal Year, and Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such Indenture. "Backup Special Tax" means the Backup Special Tax amount set forth in Section C. 1 .b. "Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series, issued by CFD-06-I for Improvement Area B under the Act. "Bond Year" means a one-year period beginning on September 2nd in each year and ending on September 1st in the following year. Unless defined differently in the applicable Indenture. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and colledtion of the Special Taxes. "CFD-06-I means City of Chula Vista, Community Facilities District No. 06-I. "City" means the City of Chula Vista. "Commercial Property" means all Assessors' Parcels of Developed Property, for which a building permit(s) was issued for a non-residential use, excluding Community Purpose Facility Proper~y. "Community Purpose Facility Property" means all Assessors' Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2452. "Council" means the City Council of the City, acting as the legislative body of CFD-06-I. CiO' of Chula Vista CommuniO, Facilities District No. 06-I, Improvement Area B / , ~ EastLake - Land Swap ? ~ .~ ~:d~/? Page 2 "County" means the County of San Diego. "Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to March 1 of the prior Fiscal Year. "Exempt Property" means property not subject to the Special Assigned Tax due to its classification as either Public Property, Properly Owner Association Property Community Purpose Facility Property, Public or public utility easements. "Final Subdivision Map" means a subdivision of property, created by recordation of a Final Subdivision Map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area B" means Improvement Area B of CFD No. 06-I known as the "Land Swap". "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented fi-om time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Tables 1 and 2 of Section C. "Lot{s)" means an individual legal lot created by a Final Subdivision Map for which a building permit for residential construction has been or could be issued. "Master Developer" means the owner of the predominant amount of Undeveloped Property in Improvement Area B. "Maximum Annual Special Tax" means the maximum annual Special Tax, determined in accordance with the provisions of Section C, which may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Outstanding Bonds" mean ali Bonds, which remain outstanding as defined in the Indenture. "Property Owner Association Property" means any property within the boundaries of Improvement Area B owned by or dedicated to a property owner association, including any master or sub-association. "Proportionately" means for Developed Properly that the ratio of the actual Special Tax levy to the Assigned Annual Special Tax or the Backup Special Tax is equal for all Cio' of Chula Vista Cornmuni~ Facilities District No. 06-I, bnprovement Area B ~ ? , ~ EastLake - Land Swap ~'~ ~ ~; ? Page 3 Assessors' Parcels of Developed Property within Improvement Area B. For Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property within Improvement Area B. "Public Property" means any property within the boundaries of Improvement Area B that is owned by or dedicated to the federal government, the State of California, the County, the City or any other public agency. "Residential Property" means all Assessors' Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator by reference to appropriate records kept by the City's Building Department. Residential Floor Area for a residential structure will be based on the building permit(s) issued for such structure. "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount of Special Tax revenue required in any Fiscal Year for Improvement Area B to: (i) pay annual debt service on all Outstanding Bonds (as defined in Section A) due in the Bond Year beginning in such Fiscal Year; (ii) pay other periodic costs on Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; and (v) pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD- 06-I provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on the Undeveloped Property and for Improvement Area B; less (vi) a credit for Available Funds. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD-06-I, Improvement Area B that are not exempt from the Special Tax pursuant to law or Section E below. "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as Developed Property. City of Chula Vista Community Facilities District No. 06-I, Improvement Area Bt . EastLake - Land Swap '~ ~ Page 4 B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Assessor's Parcels of Taxable Property within, Improvement Area B shall be classified a Developed Property or Undeveloped Property and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below. C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or Commercial Property shall be the greater of (1) the Assigned Special Tax described in Table 1 below or (2) the Backup Special Tax computed pursuant to b. below. a. Assigned SpecialTax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table 1. TABLE 1 Assigned Annual Special Tax for Developed Property Land Use Class Description Assigned Annual Special Tax 1 Residential Property $0.74 per square foot of Residential Floor Area 2 Commercial Property $6;000 per Acre b. Backup Special Tax When a Final Subdivision Map is recorded within Improvement Area B, the Backup Special Tax for Assessor's Parcels of Developed Property classified as Residential Property or Commercial Property shall be determined as follows: For each Assessor's Parcel of as Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property upon its development within the Final Subdivision Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: $11,501 xA L The terms above have the following meanings: CiO, of Chula l(ista Community Facilities District No. 06-I, Improvement Area B ,,, EastLake - Land Swap ~ .. ¢~ Page 5 B -- Backup Special Tax per Lot in each Fiscal Year. A = Acreage classified or to be classified as Residential Property in such Final Subdivision Map. L = Lots in the Final Subdivision Map which are classified or to be classified as Residential Property. For each Assessor's Parcel of as Commercial Property or for each Assessor's Parcel of Undeveloped Property to be classified as Commemial Property within the Final Subdivision Map area, the Backup Special Tax shall be determined by multiplying $11,501 by the total Acreage of each Assessor's Parcels of the Commercial Property and Undeveloped Property to be classified as Commemial Property witbgn the Final Subdivision Map area. Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Commemial Property or Undeveloped Property for which the Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Subdivision Map, then the Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the amount of Backup Special Tax that would have been generated if such change did not take place. 2. Undeveloped Property The Maximum Annual Special Tax for each Assessor's Parcel classified, as Undeveloped Property shall be $ I 1,501 per acre. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax sh~ll be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, excluding any Assessor's Parcels classified as Undeveloped Property pursuant to Section E, at a rate up to 100% of the Maximum Am~ual Special Tax for Undeveloped Property. Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel of Developed Property whose Maximum Annual Special Tax is derived by the application CiO, of Chula Vista Community Facilities District No. 06-1, Improvement Area B EastLake - Land Swap ~ ~ "? ~ Page 6 of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's Parcel. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel classified as Undeveloped Property pursuant to Section E at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased by more than ten percent per year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel. E. EXEMPTIONS 1. The CFD Administrator shall classify the following Assessor Parcel(s) as exempt property: (i)Public Property, (ii) Property Owner Association Property, (iii) Community Purpose Facility Property, and (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; provided, however, that no such classification shall reduce the sum of all Taxable Property to less than 88.70 acres. Assessor's Parcels which cmmot be classified as exempt property because such classification would reduce the Acreage of all Taxable Property to less than 88.70 acres will be classified as Undeveloped Property and shall be taxed as such. Tax-exempt status for purposes of this para~aph will be assigned by the CFD Administrator in the chronological order in which property becomes exempt property. 2. The Maximum Annual Special Tax obligation for any property which would be classified as Public Property upon its transfer or dedication to a public agency but which cannot be classified as exempt property as described in paragraph 1 of Section F shall be prepaid in full by the seller pursuant to Section 1.1, prior to the transfer/dedication of such property to such public agency. Until the Maximum Annual Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Undeveloped Property. F. REVIEW/APPEAL COMMITTEE Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action (if any by the CFD Administrator), the landowner or resident believes such error still exists, such person may CiO, of Chula Vista CommuniO' Facilities District No. 06-I, Improvement Area B ! / ~ , EastLake - Land Swap ;~ ~ ~d~-~ Page 7 file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of CFD-06-I and a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the mmual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. G. MANNER OF COLLECTION The annual Special Tax shall be collected in the same mariner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD-06-I, Improvement Area B may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels of Taxable Property that are delinquent in the payment of Special Taxes. Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFD Public Facilities" means either $12.3 million in 2004 dollars, which shall increase by the Cons~-uction Inflation Index on July 1, 2003, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities under the authorized bonding program for CFD No. 06-1 Improvement Area A, or (ii) shall be determined by the Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment as described in Section D. "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act. "Construction Inflation Index" means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD City of Chula Vista Community Facilities District No. 06-I, Improvement Area B , · , EastLake - Land Swap ~ ~ ~-. '~ Page 8 Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction fund or funded by the Outstanding Bonds as defined below, minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment, and minus public facilities costs paid directly with Special Taxes. "Outstanding Bonds" means all previously issued Bonds which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. 1. Prepayment in Full The Maximum Annual Special Tax obligation may only bi prepaid and permanently satisfied by for an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Public Property. The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided, however that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the Prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this figure. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Step No.: cin., of Chula Vista Community Facilities District No. O6-1, lmprovement Area B ~* ?,, :,,,~.~ EastLake - Land Swap ~.. ~ ~ Page 9 1. For Assessor's Parcels of Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which a building permit has been paid to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit issued for that Assessor's Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property. 2. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within Improvement Area B excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid. 3. Multiply the quotient computed pursuant to paragraph 2 by the principal amount of the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). 4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium on the next possible Bond call date, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 5. If all the Bonds authorized to be issued for Improvement Area B have not been issued, compute the Future Facilities Costs. 6. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount"). 7. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year, which have not yet been paid. 10. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses (including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses")) from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. CiO: of Chula Vista (?ommunity Facilities District No. 06-1, Improvement Area B EastLake - Land Swap I 1. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount computed pursuant to paragraph-g 10 (the "Defeasance Amount"). 12. Determine the administrative fees and expenses of CFD-06-I, applicable prepayment totals, including the costs of computation of the prepayment, the costs of invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses". l 3. The reserve fund credit (the "Reserve Fund O'edit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such first interest payment (the "Capitalized Interest Credit"). 15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 11, and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Prepayment Amount"). I6. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, I i, 13, and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 40 I2 shall be retained by CFD-06-I. The amount computed pursuant to paragraph 5 shall be deposited in the Construction Fund. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. CiO; of Chula Vista Community Facilities District No ~6-1, Improvement Area B ~'? ! ,~. EastLake - Land Swap ? ' ~'~?~ Page 11 Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within Improvement Area B both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. 2. Prepayment in Part The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section H 1; except that a partial prepayment shall be calculated according to the following formula: PP = (PF~ x F) + A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H. 1, minus Administrative Expenses and Fees determined pursuant to Step 12. F = the pement by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Annual Special Tax. A-- the Administrative Expenses and Fees determined pursuant to Step 12. The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Annual Special Tax, (ii) the pementage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximtun Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Step 16 of Section H. 1, and (ii) indicate in the records of CFD-06-I, Improvement Area B that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Ta~ equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. Ci0' of Chula Vista Community Facilities Disirict No. 06-1, improvement.4rea B ~ ~ EastLake- Land Swap : ¢~~ ~ Page 12 I. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2004-2005 to the extent necessary to fully satisfy the Special Tax Requirement and shall be levied for a period no longer than the 2044-2045 Fiscal Year. J:\Engineer~AGENDA~Attachments\CFD No. 06-I, RMA Imp, B 9-10-02 doc C/ty of Chula Vista Community Facilities District No. 06-1,1mprovement Area B , , EastLake~ Land Swap ' ~ Page 13 EXHIBIT C CITY OF CHULA VISTA COMMUNITY F ACILITŒS DISTRICT NO. 06-1 IMPROVEMENT AREAS A AND B (EASTLAKE-WOODS, VISTAS AND LAND SWAP) MAXIMUM SPECIAL TAX RATES FOR DEVELOPED PROPERTY AND UNDEVELOPED PROPERTY Maximum Annual Special Tax for Developed Property in Land Use Class I Community Facilities District No. 06-1 Residential Develoned Parcels Maximum Anuual Special Tax Land Use Class I - Improvement Area A $.58 per square foot of Residential Floor Zone I (Vistas) Area Land Use Class I - Improvement Area A $.67 per square foot of Residential Floor Zone 2(Woods) Area Land Use Class I - Improvement Area B $.74 per square foot of Residential Floor (Land Swap) Area Maximum Annual Special Tax for Developed Property in Land Use Class 2 Community Facilities District No. 06-1 Commercial Developed Parcels Maximum Annual Special Tax -...-- Land Use Class 2 - Improvement Area A $6,000 per acre of Commercial Property Zone I (Vistas) Land Use Class 2 - Improvement Area A $6,000 per acre of Commercial Property Zone 2(Woods) Land Use Class 2 - Improvement Area B $6,000 per acre of Commercial Property (Land SWaD) Maximum Annual Special Tax for Undeveloped Property in Land Use Class 3 Community Facilities District No. 06-1 Maximum Annual S ecial Tax $6,000 per acre of Hotel Property Community Facilities District No. 06~I EastLake-Woods, Vistas and Land Swap Page 13 August 2002 ITEM 16 Revised 9/10/02 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 06-1 (EASTLAKE III - WOODS, VISTAS AND LAND SWAP PARCEL), DESIGNATING IMPROVEMENT AREAS THEREIN AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN EACH SUCH IMPROVEMENT AREA TO THE QUALIFIED ELECTORS THEREOF 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 to designate two improvement areas (each, an "Improvement Area") therein 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 I, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City ofChula 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 ofthe Constitution ofthe State of Cali fomi a (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. 06- I (EASTLAKE III - WOODS, VISTAS AND LAND SWAP PARCEL) (the "District"); and, WHEREAS, notice of a public hearing relating to the establishment ofthe District, the extent of the District, the designation ofthe Improvement Areas within the District, the financing of certain types of public facilities 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, there has also been presented to this City Council an amended boundary map (the "Amended Boundary Map") of the District that modifies the boundaries oftheDistrict as shown on the map entitled "Boundary Map Community Facilities District No. 06-1 EastLake - Woods, Vistas and Land Swap, City ofChula Vista, County of San Diego, State of California" and recorded as Document No. 2002-0669704 in Book 36, Page 36 of Maps of Assessment Districts and Community Facilities Districts in the Office of the Recorder of the County of San Diego (the "Original Boundary Map") to reduce the property shown within Improvement Area B of the District to conform to the actual configuration of the property within such Improvement Area; and WHEREAS, all communications relating to the establishment of the District, the designation of the Improvement Areas within the District, the financing of certain types of public facilities and the proposed rate and method of apportionment of special tax for each Improvement Area have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings or the levy of the special tax within either Improvement Area; and, I , <i-6~ WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing within the territory of each Improvement Area of the District for at least the preceding ninety (90) days, the authorization to levy special taxes within each Improvement Area of the District shall be submitted to the landowners of each such Improvement Area, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION I. RECITALS. The above recitals are all true and correct. SECTION 2. DETERMINATIONS. It is hereby determined by this City Council that: A. All prior proceedings pertaining to the formation of the District and designation of the Improvement Areas were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Community Facilities District Law, and that this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions ofthe Community Facilities District Law and as applied to each Improvement Area and, therefore, the special tax proposed to be levied within each Improvement Area of the District has not been precluded by majority protest pursuant to Section 53324 of the Government Code ofthe State of California. C. The District as proposed conforms with the City ofChula 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 each Improvement Area within the District for each ofthe ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified electors of each of the Improvement Areas within the District shall be the landowners of such Improvement Area as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as ofthe close ofthe 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 such Improvement Area. E. The time limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of each Improvement Area of the District and the requirements for impartial analysis and 2 1'-.5'+ ballot arguments have been waived with the unanimous consent of the qualified electors of each such Improvement Area. F. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution forming and establishing the District. SECTION 3. COMMUNITY FACILITIES DISTRICT REPORT. The Community Facilities District Report for the District (the "Report"), as now submitted by McGill Martin Self, Inc., Special Tax Consultant, shall stand as the report as required pursuant to Government Code Section 53321.5 for all future proceedings and all terms and contents are approved as set forth therein. SECTION 4. NAME OF DISTRICT. The City Council does hereby establish and declare the formation ofthe District known and designated as "COMMUNITY FACILITIES DISTRICT NO. 06-1 (EASTLAKE III - WOODS, VISTAS AND LAND SWAP PARCEL)." SECTION 5. BOUNDARIES OF DISTRICT AND IMPROVEMENT AREAS. The Amended Boundary Map, as set forth in Exhibit A-Z, and designated as "AMENDED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 06-1 (EASTLAKE III - WOODS, VISTAS AND LAND SWAP)" showing the amended boundaries of the territory proposed for inclusion in the District including the parcels of land proposed to be located within each improvement area therein and to be subject to the levy of a special tax by the District for each such improvement area is hereby approved and adopted and shall hereby supercede and replace the Original Boundary Map. A certificate shall be endorsed on the original and on at least one (1) copy of the Amended Boundary Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days of the date of the adoption of this Resolution, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Sections 3110 and 3113 of the Streets and Highways Code of the State of California. The boundaries ofthe District and each ofthe Improvement Areas are now hereby generally described as follows: All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 06-1 (EASTLAKEIII- WOODS, VISTAS AND LAND SWAP PARCEL), as shown on the Amended Boundary Map as approved hereby by this legislative body, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk. SECTION 6. DESIGNATION OF IMPROVEMENT AREAS. For purposes of financing of, or contributing to the financing ofthe types of facilities described in Section 7 below, this City Council, acting pursuant to Government Code Section 53350, hereby designates portions ofthe District as the following Improvement Areas as shown on the Boundary Map of the District: 3 I~ -SS" IMPROVEMENT AREA A IMPROVEMENT AREA B SECTION 7. DESCRIPTION OF TYPES OF FACILITIES AUTHORIZED TO BE FINANCED. A general description of the types of public facilities which this legislative body is authorized by law to construct, own or operation, which are the types of facilities proposed to be financed under these proceedings, are generally described in Exhibit A attached hereto and incorporated herein by this reference. The types offacilities as above-described are facilities which the City Council is authorized by law to contribute revenue to or to construct, own or operate. It is hereby further determined that the proposed types offacilities are necessary to meet increased demands placed upon the City as a result of development occurring within the District, and the costs and expenses charged to this District represent the fair share costs of the facilities attributable to this District and the Improvement Areas therein. For a full and complete description of such types of facilities, reference is made to the Report, a copy of which is on file in the Office ofthe City Clerk. In addition to financing the above described types of facilities, the financing of those incidental expenses described in the Report are also approved and authorized. SECTION 8. SPECIAL TAX. Except where funds are otherwise available a special tax, secured by recordation of a continuing lien against all non-exempt real property in each of the Improvement Areas within the proposed District, is hereby authorized, subj ect to voter approval, to be levied within the boundaries of each such Improvement Area. For particulars as to the rate and method of apportionment of the special tax proposed to be levied within each Improvement Area, reference is made to the attached and incorporated Exhibit "B" (the "Special Tax Formulas"), which sets forth in sufficient detail the method of apportionment of the special tax applicable to each Improvement Area to allow each landowner or resident within such Improvement Area to estimate the maximum amount that such person will have to pay. Such special tax shall be utilized to pay directly for the previously described types offacilities, to pay debt service on bonds issued by the District for each Improvement Area to assist in financing such types of facilities, to replenish any reserve fund established for such bonds, and to pay the costs of administering the bonds, the District and each respective Improvement Area. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subj ect to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. 4 I (p..SCø Under no circumstances will the special tax to be levied against any parcel within an Improvement Area used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within such Improvement Area by more than 10 percent. This legislative body further authorizes that special taxes may be prepaid and satisfied by payment of the prepayment amount calculated pursuant to the Special Tax Formulas. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code ofthe State of California against the property within each Improvement Area, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in such Improvement Area and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. SECTION 9. SPECIAL TAX ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 8 above: A. Each such special tax shall be levied for the specific purposes set forth in Section 8. 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 8. above. C. The District shall establish a separate account into which the proceeds of each such special tax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. SECTION 10. 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 Govemment Code of the State of California, are as follows: Engineering Department City ofChula Vista 276 Fourth Avenue Chula Vista, CA 92010 5 Jr,,-.sl (619) 691-5021 SECTION II. SUBSTITUTION FACILITIES. The description of the types of public facilities, as set forth in Exhibit A hereto, is general in its nature. The final nature and location of such facilities will be determined upon the preparation of final plans and specifications therefor. Such final plans may show substitutes in lieu of, or modification to, the above described types offacilities and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar to that as set forth in this Resolution. SECTION 12. ELECTION. This City Council herewith submits the levy of the special tax within each Improvement Area to the qualified electors of each such Improvement Area, such electors being the landowners in each such Improvement Area, with each landowner having one (1) voter for each acre or portion thereof of land which he or she owns within such Improvement Area. PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt Director of Public Works CA-- Y\Ivw-.-c ~ John M. Kaheny City Attorney J:/ATTORNEYIRESOICFD FORMATION 06-1 6 "-$9 EXHIBIT A DESCRIPTION OF TYPES OF FACILITIES The types of public facilities authorized to be financed by the levy of special taxes within each Improvement Area shall include streets, landscaping within public rights-of-way, sewers and public utilities within each Improvement Area as may be authorized by the goals and policies of the City Council pertaining to the use of the Community Facilities District Law. A-I 1(P-~ 9-1 EXHIBIT A-2 i ~ oi " Ii a:: ~. ...¡,!'" w.~ of-- "''''0 ~ ¡!:!" .~ "-ü ~ :!Ol ~ ¡¡:- ~"~. ~l ¡Q¡g ~ dt=° " "õ Q "'....f!ÞI¡¡¡ s:~ ~ ZOO . ~!!!~~.. wo .~ WI/) Z !1¡0z :::E.o;!i z :gò> "" w- 0 i5a~i ..,~ ;:;;0 ~" N!"'--...-N¡:::...- cn...-LOO'Jf"')LO :::EÑI- tI -.:~~ "'~ ~.,- ::>1/) ...-t'1f"')a:::o Q..vvvv...-o 00 om ~ ~1 1ftf;~ w~ -'0< ~g~~~ zw_ zO W 00000 «000000 ~NJ!: 1"''''''' ....It:tb 01 ð I I Ill. I ,. 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Q. «5:>w i!ii!' ... ...J (/) 0 a: ::>' z g:... i I ~ ::;;: I < " Irli . .~ 0 t ~ u ~N~I i·i~ ! ~ r. ~~ I 0 0 ~ " "r " !~".. ~ ¡. a~~I" ~J 'i~t I ~J~~ ~ i i 0 U~~I~ ~I~;ri h I ~ ~ 8 " g .~§ ~ììl s I~I t ~ < *Ig~ ~ il I~~I:! ! I i I: ¡ o . ~,~~"" ~. II~i~l~ ¡, ~" r~~d~ IM1 tt" ~ ~ ~~~ ". ~li:I~' "~~r m ¡é ~i=~~ 5~ ~ 'I" - s ~ ~im I . Jt~~ " I :/~ !~t m . ra . . ~ I"IIÎ~~ .' ~ I~r! I ! ~ !~r ~i ~15i~b 1!J:::.;r1!J 1"-.s9-~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 06-1 (EASTLAKE III - WOODS, VISTAS AND LAND SWAP PARCEL), DESIGNATING IMPROVEMENT AREAS THEREIN AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN EACH SUCH IMPROVEMENT AREA TO THE QUALIFIED ELECTORS THEREOF WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City Council"), has previously declared its intention to form a community facilities district and to designate two improvement areas (each, an "Improvement Area") therein 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 I, Division 2, Title 5 ofthe Government Code ofthe State of California (the "Act") and the City ofChula 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 ofthe 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. 06- I (EASTLAKE III - WOODS, VISTAS AND LAND SWAP PARCEL) (the "District"); and, WHEREAS, notice of a public hearing relating to the establishment of the District, the extent of the District, the designation ofthe Improvement Areas within the District, the financing of certain types of public facilities and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing to establish such District; and, WHEREAS, all communications relating to the establishment of the District, the designation of the Improvement Areas within the District, the financing of certain types of public facilities and the proposed rate and method of apportionment of special tax for each Improvement Area have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings or the levy of the special tax within either Improvement Area; and, WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing within the territory of each Improvement Area of the District for at least the preceding ninety (90) days, the authorization to levy special taxes within each Improvement Area of the District shall be submitted to the landowners of each such Improvement Area, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: I /6· ~.3 SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DETERMINATIONS. It is hereby determined by this City Council that: A. All prior proceedings pertaining to the formation of the District and designation of the Improvement Areas were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Community Facilities District Law, and that this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions ofthe Community Facilities District Law and as applied to each Improvement Area and, therefore, the special tax proposed to be levied within each Improvement Area ofthe District has not been precluded by majority protest pursuant to Section 53324 of the Government Code ofthe State of California. C. The District as proposed conforms with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts (the "Goals and Policies"), as amended. D. Less than twelve (12) registered voters have resided within the territory of each Improvement Area within the District for each ofthe ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified electors of each of the Improvement Areas within the District shall be the landowners of such Improvement Area as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within such Improvement Area. E. The time limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of each Improvement Area of the District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of each such Improvement Area. F. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution forming and establishing the District. SECTION 3. COMMUNITY FACILITIES DISTRICT REPORT. The Community Facilities District Report for the District (the "Report"), as now submitted by McGill Martin Self, Inc., Special Tax Consultant, shall stand as the report as required pursuant to Government Code Section 53321.5 for all future proceedings and all terms and contents are approved as set forth therein. 2 /b-5'f SECTION 4. NAME OF DISTRICT. The City Council does hereby establish and declare the formation of the District known and designated as "COMMUNITY FACILITIES DISTRICT NO. 06-1 (EASTLAKE III - WOODS, VISTAS AND LAND SWAP PARCEL)." SECTION 5. BOUNDARIES OF DISTRICT AND IMPROVEMENT AREAS. The boundaries of the District and each of the Improvement Areas are generally described as follows: All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 06-1 (EASTLAKE III - WOODS, VISTAS AND LAND SWAP PARCEL), as shown on a boundary map as previously approved by this legislative body, such map designated by the name of this District, a copy of which is on file in the Office ofthe City Clerk. The boundary map ofthe proposed District and the Improvement Areas therein has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code ofthe State of California in the Office ofthe County Recorder of the County of San Diego, at Page _ of Book _ of the Book of Maps of Assessment and Community Facilities Districts for such County. SECTION 6. DESIGNATION OF IMPROVEMENT AREAS. For purposes of financing of, or contributing to the financing ofthe types offacilities described in Section 7 below, this City Council, acting pursuant to Government Code Section 53350, hereby designates portions of the District as the following Improvement Areas as shown on the Boundary Map of the District: IMPROVEMENT AREA A IMPROVEMENT AREA B SECTION 7. DESCRIPTION OF TYPES OF FACILITIES AUTHORIZED TO BE FINANCED. A general description of the types of public facilities which this legislative body is authorized by law to construct, own or operation, which are the types offacilities proposed to be financed under these proceedings, are generally described in Exhibit A attached hereto and incorporated herein by this reference. The types of facilities as above-described are facilities which the City Council is authorized by law to contribute revenue to or to construct, own or operate. It is hereby further determined that the proposed types of facilities are necessary to meet increased demands placed upon the City as a result of development occurring within the District, and the costs and expenses charged to this District represent the fair share costs ofthe facilities attributable to this District and the Improvement Areas therein. For a full and complete description of such types of facilities, reference is made to the Report, a copy of which is on file in the Office of the City Clerk. In addition to financing the above 3 ,. ,.~.-' ; .,'."' ~ ~,:) ":> described types of facilities, the financing of those incidental expenses described in the Report are also approved and authorized. SECTION 8. SPECIAL TAX. Except where funds are otherwise available a special tax, secured by recordation of a continuing lien against all non-exempt real property in each of the Improvement , Areas within the proposed District, is hereby authorized, subj ect to voter approval, to be levied within the boundaries of each such Improvement Area. For particulars as to the rate and method of apportionment of the special tax proposed to be levied within each Improvement Area, reference is made to the attached and incorporated Exhibit "B" (the "Special Tax Formulas"), which sets forth in sufficient detail the method of apportionment ofthe special tax applicable to each Improvement Area to allow each landowner or resident within such Improvement Area to estimate the maximum amount that such person will have to pay. Such special tax shall be utilized to pay directly for the previously described types of facilities, to pay debt service on bonds issued by the District for each Improvement Area to assist in financing such types of facilities, to replenish any reserve fund established for such bonds, and to pay the costs of administering the bonds, the District and each respective Improvement Area. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Under no circumstances will the special tax to be levied against any parcel within an Improvement Area used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within such Improvement Area by more than 10 percent. This legislative body further authorizes that special taxes may be prepaid and satisfied by payment of the prepayment amount calculated pursuant to the Special Tax Formulas. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code ofthe State of California against the property within each Improvement Area, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in such Improvement Area and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. SECTION 9. SPECIAL TAX ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 8 above: 4 I' r , :;, .. t.-. I ,..." """ t1 A. Each such special tax shall be levied for the specific purposes set forth in Section 8. 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 8. above. C. The District shall establish a separate account into which the proceeds of each such special tax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. SECTION 10. PREPARATION OF ANNUAL TAX ROLL. The name, address and telephone number of the office, department or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: Engineering Department City ofChula Vista 276 Fourth Avenue Chula Vista, CA 92010 (619) 691-5021 SECTION II. SUBSTITUTION FACILITIES. The description of the types of public facilities, as set forth in Exhibit A hereto, is general in its nature. The final nature and location of such facilities will be determined upon the preparation of final plans and specifications therefor. Such final plans may show substitutes in lieu of, or modification to, the above described types of facilities and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar to that as set forth in this Resolution. SECTION 12. ELECTION. This City Council herewith submits the levy of the special tax within each Improvement Area to the qualified electors of each such Improvement Area, such electors being the landowners in each such Improvement Area, with each landowner having one (1) voter for each acre or portion thereof of land which he or she owns within such Improvement Area. PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt Director of Public Works ~ YVlÆ-tN ~ John M.Kaheny City Attorney 5 /(...·87 I'. EXHIBIT A DESCRIPTION OF TYPES OF FACILITIES The types of public facilities authorized to be financed by the levy of special taxes within each Improvement Area shall include streets, landscaping within public rights-of-way, sewers and public utilities within each Improvement Area as may be authorized by the goals and policies of the City Council pertaining to the use of the Community Facilities District Law. J:\Engineer\AGENDA \Resor\Res of Formatin CFD 06~I, 9·19,02, revised.doc A-I / b -58 EXHIBIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR EACH IMPROVEMENT AREA J:\Engineer\AGENDA\Resos\Res of Formation CFD-06-I, 9-10-02, revised.doc A-I /0 -51 RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 06-1 IMPROVEMENT AREA A (Eastlake - Woods and Vistas) Property within the City of Chula Vista Community Facilities District No. 06-I, Improvement Area A ("Improvement Area A") and collected each Fiscal Year commencing in Fiscal Year 2003-2004 in an amount determined by the City Council through the application of the appropriate Special Tax for "Developed Property," and "Undeveloped Property" as described below. All of the Taxable Property in Improvement Area A, unless exempted by law or by the provisions hereof, A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable 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 meaning: "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, parcel map, condominium plan, record of survey, or other recorded document creating or describing the land area. If the preceding maps for a laud area are not available, the Acreage of such land area shall be determined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of Improvement Area A including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD-06-I, or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD-06-I, or any designee thereof of providing continuing disclosure; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD~06-I, or any designee thereof related to any appeal of the levy or application of the Special Tax; and the costs associated with the release of funds from an escrow account, if any. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD-06-I, for any other administrative purposes of Improvement Area A, including, but not limited to attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. City of Chula Vista (bmmunity Facilities District No. 06-I, Improvement Area A Eastlake Woods and Vistas ,/ ~ '- ~ ~9 Page 1 "Assessor's 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 County Assessor of thc County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section C. 1.a. "Available Funds" means the balance in the reserve fund established pursuant to the terms of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent Special Tax payments not required to fund the Special Tax Requirement for any preceding Fiscal Year, and Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such Indenture. "Backup Special Tax means the Special Tax amount set forth in Section C. 1 .b. "Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series, issued or incurred by CFD-06d for Improvement Area A under the Act. "Bond Year" means a one-year period beginning on September 2"d in each year and ending on September 1st in the following year, unless defined otherwise in the applicable Indenture. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD-06-I" means City of Chula Vista Community Facilities District No. 06-I. "City" means the City of Chula Vista. "Commercial Property" means all Assessors' Parcels of Developed Property, for which a building permit(s) was issued for a non-residential use, excluding Community Purpose Facility Property and Hotel Property. "Community Purpose Facility Property" means alt Assessors' Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2452. "Council" means the City Council of the City, acting as the legislative body of CFD-06-I. "County" means the County of San Diego. CiF of Chula Vista Community Facilities Oistrict No. 06-1,1mprovement Area A / & ~.~1 Eastlake - Woods and Vistas ~ Page 2 "Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to March 1 of the prior Fiscal Year. "Exempt Property" means property not subject to the Special Assigned Tax due to its classification as either Public Property, Property Owner Association Property, Community Purpose Facility Property, public or utility easements "Final Subdivision Map" means a subdivision of property, created by recordation of a Final Subdivision Map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Hotel Property" means any Assessor's Parcel(s) of Commercial Property within the boundaries of CFD 06-1 entitled or otherwise designated by the City to be used as a Hotel site. "Hotel" means a building or group of buildings comprising six or more individual sleeping or living units without kitchens, except as otherwise provided herein, for the accommodation of transient guests. "Improvement Area A' means Improvement Area A of CFD No. 06-I known as the Woods and Vistas. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Tables 1 and 2 of Section C. "Lot" means an individual legal lot created by a Final Subdivision Map for which a building permit for residential construction has been or could be issued. "Master Developer" means the owner of the predominant amount of Undeveloped Property in Improvement Area A. "Maximum Annual Special Tax" means the maximum annual Special Tax, determined in accordance with the provisions of Section C, which may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Outstanding Bonds" means all Bonds, which remain outstanding as defined in the Indenture. City qf Chula Vista Community Facilities District No. 06-1, Improvement Area A Eastlake Woods and Vistas Page 3 "Property Owner Association Property" means any property within the boundaries of Improvement Area A owned by or dedicated to a property owner association, including any master or sub-association. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Annual Special Tax or the Backup Special Tax is equal for all Assessors' Parcels of Developed Property within Improvement Area A. For Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property within Improvement Area A. "Public Property" means any property ~vithin the boundaries of Improvement Area A · that is owned by or dedicated to the federal government, the State of California, the County, the City or any other public agency. "Residential Property" means all Assessors' Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator by reference to appropriate records kept by the City's Building Department. Residential Floor Area fo~ a residential structure will be based on the building permit(s) issued for such structure. "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount of Special Tax revenue required in any Fiscal Year for Improvement Area A to: (i) pay annual debt service on all Outstanding Bonds (as defined in Section A) due in the Bond Year beginning in such Fiscal Year; (ii) pay other periodic costs on Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; and (v) pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD- 06-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on the Undeveloped Property and for Improvement Area A; less (vi) a credit for Available Funds. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of Improvement Area A that are not exempt from the Special Tax pursuant to law or Section E below. City of Chula Vista Community Facilities District No. 06-1, Improvement Area A Eastlake Woods and Vistas ~ , '~ ~ Page 4 "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as Developed Property. "Zone 1" means a specific geographic location known as the Vistas development area as depicted in Exhibit A attached herein. "Zone 2" means a specific geographic location known as the Woods development area as depicted in Exhibit A attached herein. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Assessors' Parcels of Taxable Property within Improvement Area A shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below. Developed Property shall be assigned to Zone 1 or Zone 2 and shall be further classified as Residential Property, Commercial Property or Hotel Property. C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property, Commercial Property or Hotel Property shall be the greater of (1) the Assigned Special Tax described in Tables 1 and 2 below or (2) the Backup Special Tax computed pursuant to b. below. a. Assigned SpeciaITax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Tables 1 and 2. TABLE 1 Zone 1 (Vistas) Assigned Annual Special Tax for Developed Property Land Use Class Description Assigned Annual Special Tax I Residential Property $0.58 per square foot of Residential Floor Area 2 Commercial Property $6,000 per Acre 3 Hotel Property $6,000 per Acre City of Chula Vista Commun#y Far ilities District No. 06-1, Improvement Area A g ~ Eastlake - Woods and Vista*' ¢ ~ Page 5 TABLE 2 Zone 2 (Woods) Assigned Annual Special Tax for Developed Property Land Use Class Description Maximum Annual Special Tax 1 Residential Property $0.67 per square foot of Residential Floor Area 2 Commercial Property $6,000 per Acre b. Backup SpeciaITax When a Final Subdivision Map is recorded within Zone 1 and 2 of Improvement Area A the Backup Special Tax for Assessor's Parcels of classified as Residential Property, Commercial Property or Hotel Property shall be determined as follows: For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property upon its development within the Final Subdivision Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone l(Vistas) $11,037 x A L Zone 2(Woods) $8,332 x A L The terms above have the following meanings: B = Backup Special Tax per Lot in each Fiscal Year. A = Acreage classified or to be classified as Residential Property in such Final Subdivision Map. L = Lots in the Final Subdivision Map which are classified or to be classified as Residential Property. For each Assessor's Parcel of Commercial Property or Hotel Property or for each Assessor's Parcel of Undeveloped Property to be classified as Commercial Property or Hotel Property within the Final Subdivision Map area, the Backup Special Tax shall be determined by multiplying $11,037 for Zone 1 and $8,332 for Zone 2 by the total Acreage of each Assessor's parcels of the Commercial or Hotel Property City of Chula Vista Community Facilities District No. 06 t Improvement Area A Eastlake- Woods and Vistas' /3 ~' ~5 Page 6 and Undeveloped Property to be classified as Commercial Property or Hotel Property within the Final Subdivision Map area. Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Commercial Property, Hotel Property or Undeveloped Property for which the Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Subdivision Map, then the Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the amount of Backup Special Tax that would have been generated if such change did not take place. 2. Undeveloped Property The Maximum Annual Special Tax for each Assessor's Parcel classified as Undeveloped Property shall be $11,037 per acre for Zone 1 and $8,332 per acre for Zone 2. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property within Zones 1 or 2 at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Pamel of Undeveloped Property, excluding any Assessor's Parcels classified as Undeveloped Property pursuant to Section E, at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel of Developed Property whose Maximum Annual Special Tax is derived by the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's Parcel. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel classified as Undeveloped Property pursuant to Section E at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased by more than ten percent per year as City of Chula Vista Community Facilities District No. 06-1, lmprow~ment Area A ._ --_ Eastlake Woods and Vistas Page 7 a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel. E. EXEMPTIONS 1. The CFD Administrator shall classify the following Assessor Parcel(s) as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Community Purpose Facility Property, and (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; provided, however, that no such classification shall reduce the sum of all Taxable Property within Zone 1 (Vistas) to less than 180.03 Acres and within Zone 2 (Woods) to less than 166.23 acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than for Zone 1 (Vistas) 180.03 acres and Zone 2 (Woods) 166.23 acres will be classified as Undeveloped Property and shall be taxed as such. Tax exempt status for purposes of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes Exempt Property. 2. The Maximum Annual Special Tax obligation for any property which would be classified as Public Property upon its transfer or dedication to a'lSublic agency but which cannot be classified as Exempt Property as described in paragraph 1 of Section E shall be prepaid in full by the seller pursuant to Section H.1, prior to the transfer/dedication of such property to such public agency. Until the Maximum Annual Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Undeveloped Property. F. REVIEW/APPEAL COMMITTEE Any landowner or resident ~vho feels that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Pamel. If following such consultation and action (if any by the CFD Administrator), the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of CFD-06-I a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to ail persons. City' qf' Chula Vis'to £'ommuniO, Facilities District No. 06-1, lmprow, ment Area A/~t' ~ 7 Eastlake - Woods and Pistas - Page 8 G. MANNEROF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD-06-I, may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels of Taxable Property that are delinquent in the payment of Special Taxes. Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFD Public Facilities" means either $34.5 million in 2002 dollars, which shall increase by the Construction Inflation Index on July 1, 2003, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities under the authorized bonding program for CFD No. 06-I Improvement Area A, or (ii) shall be determined by the Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment as described in Section D. "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act. "Construction Inflation Index" means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction fund, or funded by the Outstanding Bonds as defined below, minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment, and minus public facilities costs paid directly with Special Taxes. "Outstanding Bonds" means all previously issued Bonds which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. C~iy of Chula Vista Community Facilities District No. 06~I. lmprovement Area A / ~ ~ ~ ~,~ Page9 Eastlake - Woods anti Vistas 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied for an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Public Property. The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided, however that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of Prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the Prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this figure. The Prepayment Amount shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Step No.: 1. For Assessor's Parcels of Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which a building permit has been issued to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit, issued for that Assessor's Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property. 2. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within Improvement Area A excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid. CiO~ of Chula Vista (bmmunity Facilities District No. 06-1, Improvement Area A - ! Eastlake - Woods and Vistas /g:j, _.&~L~ Page 10 3. Multiply the quotient computed pursuant to paragraph 2 by the principal amount of the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). 4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium on the next possible Bond call date, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 5. If all the Bonds authorized to be issued for Improvement Areas A have not been issued, compute the Future Facilities Costs. 6. Multiply the quotient computed pursuant to paragraph 2 by the amount if any, determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount"). 7. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 8. Confirm that no Special Tax delinquencies apply to such Assessor's Pamel. 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year, which have not yet been paid. 10. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses (ir~cluding the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption) from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 11. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount computed pursuant to paragraph 8 10 (the "Defeasance Amount"). 12. Determine the admlnistrative fees and expenses of CFD-06-I, applicable prepayment totals, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the cost of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses") 13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the Uiry Rf Chula Vista Cotnmunity Facilities District No. 06-1, Improvement Area A / Eastlake - Woods and Vistas / ~ ~' 7 t~ Page II prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such first interest payment (the "Capitalized Interest Credit"). 15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 11, and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Prepayment Amount"). 16. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 11, 13, and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 12 shall be retained by CFD-06. The amount computed pursuant to paragraph 5 shall be deposited in the Construction Fund. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within Improvement Area A both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. 2. Prepayment in Part The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued ci~. of Chula Vista Community Facilities District No. 06-1, hnprovement :1rea A Eas'tlake Woods and Vistas ~ Page 12 may be partially prepaid. The amount of the prepayment shall be calculated as in Section H 1; except that a partial prepayment shall be calculated according to the following formula: PP- (PE x F) + A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.1, minus Administrative Expenses and Fees determined pursuant to Step 12. F -- the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Annual Special Tax. A- the Administrative Expenses and Fees determined pursuant to Step 12. .The owner of an Assessor's Parcel ~vho desires to partially prepay the Maximum Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Step 16 of Section H. 1, and (ii) indicate in the records of CFD-06-I that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. I. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2003-2004 to the extent necessary to fully satisfy the Special Tax Requirement and shall be levied for a period no longer than the 2042-2043 Fiscal Year. J:\I~ngineer~AGENDAXAttachments\CFD No 06-1, RMA Imp. A 9-104)2.doc Cisv of Chula Vista Community Facilitles District No. 06~1, lmprovement Area A ~! Eastlake - Woods and Vistas [ {~ ~" ~'~ ~ Page 13 RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 06-I IMPROVEMENT AREA B (EastLake - "Land Swap") A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within the City of Chula Vista Community Facilities District No. 06-I, Improvement Area B ("Improvement Area B") and collected each Fiscal Year commencing in Fiscal Year 2003-2004 in an amount determined by the City Council through the application of the appropriate Special Tax for "Developed Property," and "Undeveloped Property" as described below. All of the Taxable Property in Improvement Area B, 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 meaning: "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, parcel map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps for a land area are not available, the Acreage of such land area shall be determined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of Improvement Area B including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or other;vise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD-06-I or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD-06-I or any designee thereof of providing continuing disclosure; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD-06-I or any designee thereof related to any appeal of the levy or application of the Special Tax; and the costs associated with the release of funds from an escrow account, if any. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD-06-I for any other administrative purposes of Improvement Area B, including, but not limited to City of Chula Vista Community Facilities District No. 06-1, Improvement Area B! , ~, ':~ EastLake - Land Swap /~ ~ ']-~ Page I attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's 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 County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section C. 1 .a. "Available Funds" means the balance in the reserve fund established pursuant to the terms of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent Special Tax payments not required to fund the Special Tax Requirement for any preceding Fiscal Year, and Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such Indenture. "Backup Special Tax" means the Backup Special Tax amount set forth in Section C. 1 .b. "Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series, issued by CFD-06-1 for Improvement Area B under the Act. "Bond Year" means a one-year period beginning on September 2nd in each year and ending on September 1st in the following year. Unless defined differently in the applicable Indenture. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD-06-! means City of Chula Vista, Community Facilities District No. 06-I. "City" means the City of Chula Vista. "Commercial Property" means all Assessors' Parcels of Developed Property, for which a building permit(s) was issued for a non-residential use, excluding Community Purpose Facility Property. "Community Purpose Facility Property" means all Assessors' Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2452. "Council" means the City Council of the City, acting as the legislative body of CFD-06-i. City ~l~Chula Fista 6~mmunity Facilities District No. 06-1, Improvement Area B EastLake - Land Swap Page 2 "County" means the County of San Diego. "Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to March 1 of the prior Fiscal Year. "Exempt Property" means property not subject to the Special Assigned Tax due to its classification as either Public Property, Property Owner Association Property Community Purpose Facility Property, Public or public utility easements. "Final Subdivision Map" means a subdivision of property, created by recordation of a Final Subdivision Map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or fo~ recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area B' means Improvement Area B of CFD No. 06-I known as the "Land Swap". "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Tables 1 and 2 of Section C. "Lot(~)" means an individual legal lot created by a Final Subdivision Map for which a building permit for residential construction has been or could be issued. "Master Developer" means the owner of the predominant amount of Undeveloped Property in Improvement Area B. "Maximum Annual Special Tax" means the maximum annual Special Tax, determined in accordance with the provisions of Section C, which may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Outstanding Bonds" mean all Bonds, which remain outstanding as defined in the Indenture. "Property Owner Association Property" means any property within the boundaries of Improvement Area B owned by or dedicated to a property owner association, including any master or sub-association. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Annual Special Tax or the Backup Special Tax is equal for ali Ci~ of Chula Vista Community Facilities District No. 06-k Improvement Area B . ~ EastLake - Land Swap :' ¢? ~ ~' ~ ~ ~,~ Page 3 Assessors' Parcels of Developed Property within Improvement Area B. For Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property within Improvement Area B. "Public Property" means any property within the boundaries of Improvement Area B that is owned by or dedicated to the federal government, the State of California, the County, the City or any other public agency. "Residential Property" means all Assessors' Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The deternfination of Residential Floor Area shall be made by the CFD Administrator by reference to appropriate records kept by the City's Building Department. Residential Floor Area for a residential structure will be based on the building permit(s) issued for such structure. "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount of Special Tax revenue required in any Fiscal Year for Improvement Area B to: (i) pay annual debt service on all Outstanding Bonds (as defined in Section A) due in the Bond Year beginning in such Fiscal Year; (ii) pay other periodic costs on Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on Outstanding Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; and (v) pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD- 06-I provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on the Undeveloped Property and for Improvement Area B; less (vi) a credit for Available Funds. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD-06-1, improvement Area B that are not exempt from the Special Tax pursuant to law or Section E below. "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as Developed Property. City of Chula Pixta (?ommunity Facilitit, s District No. 06-[, Improvement Area B EastLake - Land Swap /~ ~ 7~ Page4 B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Assessor's Parcels of Taxable Property wi.thin, Improvement Area B shall be classified a Developed Property or Undeveloped Property and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below. C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or Commercial Property shall be the greater of (1) the Assigned Special Tax described in Table 1 below or (2) the Backup Special Tax computed pursuant to b. below. a. Assigned SpeciaITax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table 1. TABLE 1 Assigned Annual Special Tax for Developed Property Land Use Class Description Assigned Annual Special Tax 1 Residential Property $0.74 per square foot of Residential Floor Area 2 Commercial Property $6,000 per Acre b. Backup Special Tax When a Final Subdivision Map is recorded within Improvement Area B, the Backup Special Tax for Assessor's Parcels of Developed Property classified as Residential Property or Commercial Property shall be determined as follows: For each Assessor's Parcel of as Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property upon its development within the Final Subdivision Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: $11,501 x A L The terms above have the following meanings: City qf Chula Vista Community Facilities District No. 06-1, Improvement Area B- ~ EastLake - Land Swap ?)" ? 7 Page 5 B = Backup Special Tax per Lot in each Fiscal Year. A- Acreage classified or to be classified as Residential Property in such Final Subdivision Map. L - Lots in the Final Subdivision Map which are classified or to be classified as Residential Property. For each Assessor's Parcel of as Commercial Property or for each Assessor's Parcel of Undeveloped Property to be classified as Commercial Property within the Final Subdivision Map area, the Backup Special Tax shall be determined by multiplying $11,501 by the total Acreage of each Assessor's Parcels of the Commemial Property and Undeveloped Property to be classified as Commercial Property within the Final Subdivision Map area. Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Commercial Property or Undeveloped Property for which the Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Subdivision Map, then the Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the amount of Backup Special Tax that would have been generated if such change did not take place. 2. Undeveloped Property The Maximum Annual Special Tax for each Assessor's Parcel classified, as Undeveloped Property shall be $11,501 per acre. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, excluding any Assessor's Parcels classified as Undeveloped Property pursuant to Section E, at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel of Developed Property whose Maximum Annual Special Tax is derived by the application City qf Chula Vista Communily Facilitiex District No. 06-1, hnprovement Area B ] o EastLake - Land Swap [ ~ ~, "11~ Page 6 of the Backup Special Tax shall be increased Proportionately fi:om the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's Pamel. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel classified as Undeveloped Property pursuant to Section E at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased by more than ten percent per year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel. E. EXEMPTIONS 1. The CFD Administrator shall classify the following Assessor Parcel(s) as exempt property: (i) Public Property, (ii) Property Owner Association Property, (iii) Community Purpose Facility Property, and (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; provided, however, that no such classification shall reduce the sum of all Taxable Property to less than 88.70 acres. Assessor's Parcels which cannot be classified as exempt property because such classification would reduce the Acreage of all Taxable Property to less than 88.70 acres will be classified as Undeveloped Property and shall be taxed as such. Tax-exempt status for purposes of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes exempt property. 2. The Maximum Annual Special Tax obligation for any property which would be classified as Public Property upon its transfer or dedication to a public agency but which cannot be classified as exempt property as described in paragraph 1 of Section F shall be prepaid in full by the seller pursuant to Section 1.1, prior to the transfer/dedication of such property to such public agency. Until the Maximum Annual Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Undeveloped Property. F. REVIEW/APPEAL COMMITTEE Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action (if any by the CFD Administrator), the landowner or resident believes such error still exists, such person may City of Chula Vista Community Facilities District No. 06-1, Improvement Area B ~ ~ ~., EastLake - Land Swap / ~ ' ~ ? Page 7 file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of CFD-06-I and a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. G. MANNER OF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD-06-I, Improvement Area B may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels of Taxable Property that are delinquent in the payment of Special Taxes. Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a caseqby-case basis as specifically approved by the Council. H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFD Public Facilities" means either $ 12.3 million in 2004 dollars, which shall increase by the Construction Inflation Index on July 1, 2003, and on each July 1 thereafter, or such lower number as (i) shall be determined by the CFD Administrator as sufficient to provide the public facilities under the authorized bonding program for CFD No. 06-I Improvement Area A, or (ii) shall be determined by the Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment as described in Section D. "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act. "Construction Inflation Index" means the annual percentage change in the Engineering News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the CFD City of Chula Vista Community Facilitie* District No 06-I, Improvement Area B ~ , EastLake - Land Swap Page 8 Administrator that is reasonably comparable to the Engineering News-Record BuiIding Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction fund or funded by the Outstanding Bonds as defined below, minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment, and minus public facilities costs paid directly with Special Taxes. "Outstanding Bonds" means all previously issued Bonds which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied by for an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Public Property. The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided, however that a prepayment may be made only if there are no delinquent SpeciaI Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the Prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this figure. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Panount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Step No.: City of Chula Vista Community Facilities District No. O6-l, lmprovement Area B /~,.~ ~.~/ Page9 EastLake - Land Swap 1. For Assessor's Parcels of Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which a building permit has been paid to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit issued for that Assessor's Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property. 2. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within Improvement Area B excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid. 3. Multiply the quotient computed pursuant to paragraph 2 by the principal amount of the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). 4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium on the next possible Bond call date, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 5. If all the Bonds authorized to be issued for Improvement Area B have not been issued, compute the Future Facilities Costs. 6. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount'S. 7. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year, which have not yet been paid. 10. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses (including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses")) from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. Cio7 of Chula Vista Cornrnunit), Facilities District No. 06 I, Improvement Area B £astLake - Land Swap ~'~ ~,~ Page lO 11. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount computed pursuant to paragraphs 10 (the "Defeasance Amount"). 12. Determine the administrative fees and expenses of CFD-06-I, applicable prepayment totals, including the costs of computation of the prepayment, the costs of invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses". 13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser off (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such first interest payment (the "Capitalized Interest Credit"). 15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 11, and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Prepayment Amount"). I6. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 11, 13, and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph JA¢ 12 shall be retained by CFD-06-I. The amount computed pursuant to paragraph 5 shall be deposited in the Construction Fund. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's' Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in compliance ~vith the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. City of Chula Vista Community Facilities District No. 06-1, Improvement Area B/~'>'--~ EastLake - Land Swap Page 11 Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within Improvement Area B both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. 2. Prepayment in Part The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section H 1; except that a partial prepayment shall be calculated according to the following formula: PP- (PE x F) + A These terms have the following meaning: PP - the partial prepayment PE - the Prepayment Amount calculated according to Section H.1, minus Administrative Expenses and Fees determined pursuant to Step 12. F - the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Annual Special Tax. A= the Administrative Expenses and Fees determined pursuant to Step 12. The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Step 16 of Section H.1, and (ii) indicate in the records of CFD-06-I, Improvement Area B that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. (¥ty of Chula Vista £'ommunity Facilities District No. 06 I, hnprovement Area B ~ EastLake- Lancl Swap ?[~'~ t~'¢ Page 12 I. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2004-2005 to the extent necessary to fully satisfy the Special Tax Requirement and shall be levied for a period no longer than the 2044-2045 Fiscal Year. J:\Engineer~AGENDA'CtttachmentskCFD No. 06-1, RMA Imp B 9-104)2.doe Ci~ of(hula Vista Community Facilities District No. 06-1, Improvement Area B (/ ~lt ,~ ~-~.~ EastLake - Land Swap Page 13 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS FOR EACH IMPROVEMENT AREA OF COMMUNITY FACILITIES DISTRICT NO. 06-1 (EASTLAKE - WOODS, VISTAS AND LAND SWAP), SUBMITTING TO THE QUALIFIED ELECTORS OF EACH SUCH IMPROVEMENT AREA SEPARATE PROPOSITIONS TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN EACH SUCH IMPROVEMENT AREA, TO AUTHORIZE SUCH COMMUNITY FACILITIES DISTRICT TO INCUR A BONDED INDEBTEDNESS FOR EACH SUCH IMPROVEMENT AREA SECURED BY THE LEVY OF A SPECIAL TAX WITHIN SUCH IMPROVEMENT AREA TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT, AND GIVING NOTICE THEREON WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City Council"), has previously declared its intention and held and conducted a public hearing relating to the issuance of bonds to be secured by special taxes to finance certain public facilities in a community facilities district and improvement areas designated therein, as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part I, 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. 06-1 (EASTLAKE - WOODS, VISTAS AND LAND SWAP) (the "District") and the improvement areas shall be designated as IMPROVEMENT AREA A and IMPROVEMENT AREA B (each, an "Improvement Area" and, collectively, the "Improvement Areas"); and, WHEREAS, at this time the City Council desires to proceed to make the determination of necessity to incur a separate bonded indebtedness for each of the Improvement Areas, to declare the purposes for such debt, and to authorize the submittal of a separate proposition to the qualified electors of each such Improvement Area, being the landowners of each such Improvement Area, all as authorized and required by law; WHEREAS, the City Council further desires to authorize the submittal of propositions to such qualified electors of each Improvement Area to (a) authorize the levy of special taxes within each such Improvement Area and (b) to establish an appropriation limit for the District; WHEREAS, all of the qualified electors of each Improvement Area have waived the time limits specified in the Act pertaining to the conduct of the election and the requirements for impartial legal analysis and arguments have also been waived by the unanimous consent of the qualified electors of each Improvement Area; and 1 I! (',. , ,'"" -{"~" / ic'l (. WHEREAS, the City Clerk, as the Election Official, has concurred in the shortening of time for conducting the election. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. NECESSITY FOR BOND ISSUES. The City Council hereby expressly declares and states that it is necessary to incur a separate bonded indebtedness of the District for each Improvement Area thereof as authorized under the terms and provisions of the Community Facilities District Law, in order to finance the types of public facilities described in Exhibit A attached hereto and incorporated herein by this reference. SECTION 3. BOND INDEBTEDNESS FOR IMPROVEMENT AREA A. The specific purposes for the proposed bonded indebtedness for Improvement Area A are as follows: To finance a portion of the costs of the acquisition or construction of certain public facilities consisting of the types of facilities described in Exhibit A hereto (the "Facilities") which is incorporated herein by this reference, appurtenances and appurtenant work and any and all of those applicable incidental costs described in and authorized by Government Code Section 53345.3. For a further description of the Facilities, reference is made to the Report. SECTION 4. BOND INDEBTEDNESS FOR IMPROVEMENT AREA A. The specific purposes for the proposed bonded indebtedness for Improvement Area A are as follows: To finance a portion of the costs of the acquisition or construction of the Facilities, appurtenances and appurtenant work and any and all of those applicable incidental costs described in and authorized by Government Code Section 53345.3. For a further description of such facilities, reference is made to the Report. SECTION 5. TERRITORY TO PAY FOR BONDED INDEBTEDNESS. This City Council determines that the property within Improvement Area A will pay for the bonded indebtedness referred to in Section 3 above. A general description of Improvement Area A is as follows: All property within the boundaries of Improvement Area A of Community Facilities District No. 06-1 (EastLake - Woods, Vistas and Land Swap), as shown on a map as previously approved by the City Council, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk (the "Boundary Map"). 2 !:,-t 7 ~ This City Council determines that the property within Improvement Area B will pay for the bonded indebtedness referred to in Section 4 above. A general description of Improvement Area B is as follows: All property within the boundaries of Improvement Area B of Community Facilities District No. 06-1 (EastLake - Woods, Vistas and Land Swap), as shown on the Boundary Map. SECTION 6. BOND AMOUNT. The amount of the proposed bonded indebtedness, including the cost of the Facilities, together with all incidental expenses, shall not exceed the following: A. Improvement Area A - $39,000,000 B. Improvement Area B - $11,000,000 SECTION 7. BOND TERM This City Council hereby further determines that the maximum term of bonds and/or any series shall not exceed forty (40) years, and such bonds may be issued in differing series, at differing times. The maximum rate of interest to be paid on such bonds may not exceed the greater of either twelve percent (12%) per annum or the maximum rate permitted by law at the time of sale of any of such bonds. The bonds issued for each Improvement Area, except where other funds are made available, shall be paid exclusively from the annual levy of the special tax within such Improvement Area, and are not secured by any other taxing power or funds of the District or the City. SECTION 8. ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part I of Division 2 of Title 5 of the Government Code, this City Council hereby establishes the following accountability measures pertaining to any bonded indebtedness incurred by or on behalf of the District: A. Such bonded indebtedness shall be incurred for the applicable specific purposes set forth in the Section 3 or 4 above, as applicable. B. The proceeds of any such bonded indebtedness shall be applied only to the applicable specific purposes identified in Section 3 or 4 above, as applicable. C. The document or documents establishing the terms and conditions for the issuance of any such bonded indebtedness shall provide for the creation of an account into which the proceeds of such indebtedness shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with this City Council as required by Government Code Section 53411. SECTION 9. ELECTION. The propositions related to the incurring of the bonded indebtedness shall be submitted to the appropriate qualified voters, together with ballot propositions to authorize the levy of special taxes within the Improvement Areas and to establish an 3 I h .j'F: appropriations limit for the District, at a special election to be held on September 17, 2002, and such election shall be a special election to be conducted by the City Clerk (the "Election Official"). If any proposition for the levy of the special tax and any proposition for incurring the bonded indebtedness receives the approval of two-thirds (2/3) or more of the votes cast on each respective proposition, bonds may be authorized, issued and sold for the applicable purposes set forth herein and the applicable special tax may be levied as provided in Resolution of Formation. If the proposition to establish the appropriations limit for the District receives the approval of a majority ofthe votes cast on such proposition, such appropriations limit shall be established. SECTION 10. BALLOTS. The ballot proposals to be submitted to the qualified voters of each Improvement Area at the election shall generally be as follows: IMPROVEMENT AREA A PROPOSITION A Shall the City of Chula Vista Community Facilities District No. 06-1 (EastLake - Woods, Vistas and Land Swap), subject to accountability measures set forth in Resolution No. , levy a special tax throughout Improvement Area A of such district pursuant to the rate and method of apportionment thereof set forth in such resolution for the purposes of paying debt service on bonds of such district issued for Improvement Area A, replenishing the reserve fund for such bonds, paying costs of administering such indebtedness and such district and paying directly for the types of facilities described in such resolution? PROPOSITION B Shall the City of Chula Vista Community Facilities District No. 06-1 (EastLake - Woods, Vistas and Land Swap), subject to accountability measures set forth in Resolution No. , incur a bonded indebtedness for Improvement Area A of such district in an amount not to exceed $39,000,000 for the specific purposes set forth in such resolution? IMPROVEMENT AREA B PROPOSITION C Shall the City of Chula Vista Community Facilities District No. 06-1 (EastLake - Woods, Vistas and Land Swap), subject to accountability measures set forth in Resolution No. , levy a special tax throughout Improvement Area B of such district pursuant to the rate and method of apportionment thereof set forth in such resolution for the purposes of paying debt service on bonds 4 jl'-f1 of such district issued for Improvement Area B, replenishing the reserve fund for such bonds, paying costs of administering such indebtedness and such district and paying directly for facilities described in such resolution? PROPOSITION D Shall the City of Chula Vista Community Facilities District No. 06-1 (EastLake - Woods, Vistas and Land Swap), subject to accountability measures set forth in Resolution No. , incur a bonded indebtedness for Improvement Area B of such district in an amount not to exceed $11,000,000 for the specific purposes set forth in such resolution? IMPROVEMENT AREAS A AND B PROPOSITION E Shall the City of Chula Vista Community Facilities District No. 06-1 (EastLake - Woods, Vistas and Land Swap) establish an Article XB appropriations limit equal to $50,000,000? SECTION II. 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 12, ELECTION PROCEDURE The Election Official is hereby authorized to take any and all steps necessary for the holding of such election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the election, which services shall include, but not be limited to, the following activities as are appropriate to the election: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of each Improvement Area. D. Cause the official ballots to be delivered to the qualified electors or their authorized representatives, as required by law. E. Receive the returns of the election and supplies. 5 ',' .. ;,'J" .. ",.,<." . ;..,' .. F. Sort and assemble the election material and supplies III preparation for the canvassing of the returns. G, Canvass the returns of the election, H. Furnish a tabulation of the number of votes given in the election. L Make all arrangements and take the necessary steps to pay all costs of the election incurred as result of services performed by the District and pay costs and expenses of all election officials, J, Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. PREPARED BY: APPROVED AS TO FORM BY: 6- 'YV1¡(~ ~ John M.Kaheny City Attorney John P, Lippitt Director of Public Works J:\Attomey\reso\CFD 06-1 Necessity 6 /6-9, EXHIBIT A DESCRIPTION OF TYPES OF FACILITIES The types of public facilities authorized to be financed from the proceeds of bonds issued by the District for each Improvement Area shall include streets, landscaping within public rights-of-way, sewers and public utilities within each Improvement Area as may be authorized by the goals and policies of the City Council pertaining to the use of the Community Facilities District Law. J:\Engineer\AGENDA\Resos\Res of Necessity Incur Bond Indebtedness CFD 06-1, 9-10-02, revised.doc A-I /þ- qz. CITY COUNCIL AGENDA STATEMENT Item: ]7 Meeting Date: 09/10/02 ITEM TITLE: Public HearingRequest to amend the City of Chula Vista Zoning Map by rezoning 1.62 acres of land in Otay Ranch Village Two from the Planned Community (PC) Zone to Public/Quasi-Public (P-Q) Zone for the purpose of constructing a Fire Station (Fire Station No.7). Applicant- The City of Chula Vista/Otay Ranch Company. (PCZ-02-04) Resolution of the City Council of the City of Chula Vista adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-033) and adopting an Ordinance to amend the City of Chula Vista Zoning Map established by Chapter 19, Section 19.18.010 of the Chula Vista Municipal Code by rezoning 1.62 acres of land in Otay Ranch Village Two from the Planned Community (PC) Zone to Public/Quasi-Public (P-Q) Zone for the purpose to construct a Fire Station (Fire Station No. 7). Ordinance of the City Council of the City of Chula Vista approving an amendment to the City of Chula Vista Zoning Map established by Chapter 19, Section 19.18.010 of the Chula Vista Municipal Code by rezoning 1.62 acres of land in Otay Ranch Village Two from the Planned Community (PC) Zone to Public/Quasi-Public (P-Q) Zone for the purpose to construct a Fire Station (Fire Station No. 7). SUBMITTED BY: Director of Planning and Building/~ REVIEWED BY: City Manager~j{L~-~,,- (4/5ths Vote: Yes No X) This Project is a joint application initiated by the City and the Otay Ranch Company to rezone 1.62 acres of land in Village Two of Otay Ranch from the Planned Community (PC) Zone to Public/Quasi-Public (P-Q) Zone for the purpose of constructing Fire Station No. 7. The City's Environmental Review Coordinator conducted an Initial Study (IS-02-033) for this application and has determined that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been incorporated into the project. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared, which must be considered by the City Council prior to a decision on the project (see Exhibit "C" attached to the Council Resolution). RECOMMENDATION: That the City Council consider the attached Resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-033) and adopting an Ordinance to amend Page 2, Item: I '7 Meeting Date 09/10/02 the City of Chula Vista Zoning Map established by Chapter 19, Section 19.18.010 of the Chula Vista Municipal Code by rezoning 1.62 acres of land in Otay Ranch Village Two from the Planned Community (PC) Zone to Public/Quasi-Public (P-Q) Zone for the purpose to construct a Fire Station (Fire Station No. 7). BOARDS/COMMISSIONS RECOMMENDATION: The City's Resource Conservation Commission (RCC) met on June 17, 2002 to consider the Mitigated Negative Declaration on IS-02-033 and voted 7-0 to recommend approval of the document. Minutes from the RCC meeting are attached (See Attachment No. 4). The Planning Commission met on August 14, 2002 to consider the Project and voted 7-0-0 to recommend approval of the Project. Minutes from the Planning Commission meeting are attached (See Attachment No. 5). DISCUSSION: The Otay Ranch General Development Plan (GDP), adopted in 1993, located a total of four fire stations in Otay Ranch, two of which were located in the Otay Valley Parcel. One of those fire stations (Station No. 7) was designated in Village Two, and the other in Village Nine. The GDP policies for fire prevention are identified in the Fire Protection and Emergency Services Facilities section of the GDP. The GDP goal for fire protection in the City is to provide sufficient fire and emergency services facilities to respond to calls in the Otay Ranch planned community within a 7- minute response time in 85 % of the cases. Operation of Fire Station No. 7 will facilitate meeting the fire protection goals and mandates described in the Otay Ranch GDP, 1997 Updated Fire Station Master Plan and the City's Growth Management Ordinance. The City's Fire Station Master Plan, updated in 1997, describes the phasing of the City's Fire Station for the City's development forecasts available at the time for planned communities including Otay Ranch, Eastlake, Rolling Hills Ranch, etc. The Fire Station Master Plan Update used population forecasts that the Planning Division, in coordination with SANDAG, was using at the time to determine development forecasts for each of the planned communities through the City's buildout period. The Fire Station Master Plan targeted the construction of Fire Station No. 7 in Otay Ranch Village Two for the 2001-2005 time frame (see Attachment No. 6). Based upon the current rate of growth in the eastern portion of the City, the City's Fire Department has requested that Fire Station No. 7 commence construction as soon as possible to protect development east of future SR-125. In addition, Fire Station No. 7 is planned to contain a second "ladder company", as well as an "engine company". The City's current ladder company is located at Fire Station No. 1. In order to provide Fire Station No. 7 in a timely manner, the City and the developer have initiated the processing for Fire Station No. 7 by rezoning the site from Planned Community (PC) Page 3, Item: ! '7 Meeting Date 09/10/02 Zone to Public/Quasi-Public (PQ) Zone. Normally in the Planned Community Zones, fire station sites are planned as part of the SPA Plan. In this case, the station is needed in advance of the Village I'wo SPA plan. The rezoning of the site to Public/Quasi-Public will enable the fire station to proceed prior to the Village Two SPA Plan process. The Fire Department plans to open the station by August, 2003. The Fire Department coordinated with Planning Division staff to select a location for Station No. 7 in Village Two. The proposed location of the fire station on the eastern edge of the village has been carefully selected by the City and accepted by the Otay Ranch Company. The selected site will be consistent with the adjacent land uses in Village Two. 1. Site Characteristics The proposed project is located in the northeastern portion of Village Two in Otay Ranch adjacent to La Media Road just south of Olympic Parkway (see Attachment No. 1). The project site is located on the south side of the future extension of Street "A" (Santa Venetia extension in Village Six) at the intersection of La Media Road (see Attachment No. 2). The majority of the site has been graded as part of the construction of Olympic Parkway to the north. The proposed site will be served from Street "A", which will be extended from the current terminus at the Village Two High School site to the west. The station location was selected because access to the site will be provided from Street "A" via La Media Road and Olympic Parkway. La Media Road and Olympic Parkway are 6-tane Prime Arterials in the City's General Plan. La Media Road serves as a major north-south corridor for the west portion of the Otay Valley Parcel. Olympic Parkway serves as a major east-west roadway from 1-805 to the Olympic Training Center. The second phase of Olympic Parkway is under construction from Heritage Road to East Palomar Street and is scheduled to open in the fall. The portion of La Media Road south of Olympic Parkway is under construction as well as part of the Village Six development. Future extensions of La Media Road wilt be constructed with the completion of Village Six. 2. General Plan, Zoning and Land Use General Plan The City's General Plan and Otay Ranch GDP designated the land within the Otay Valley Parcel for urban villages that are transit-oriented and pedestrian friendly. Otay Ranch villages are intended to contain higher residential densities and a variety of mixed-uses in the "Village Cores", surrounded by single-family homes in the secondary residential areas outside of the village cores. In addition, there is a Village Core (VC) land use, as well as land uses for public/civic facilities such as a fire station. The Otay Ranch GDP is consistent with the land use designations for the General Plan. Page 4, Item: t ~] Meeting Date 09/10/02 Zoning The Otay Ranch is zoned Planned Community (PC) as are the other master planned communities such as Sunbow and EastLake. Land development regulations are contained in the PC District Regulations within each master planned community SPA Plan along with a zoning boundary map designating a zone for each neighborhood. All of Village Two is currently zoned Planned Community (including the fire station location). Since Village Two does not have a Sectional Planning Area (SPA) Plan approved for the development, there are currently no PC District Regulations for the development, therefore, the rezone application to Public/Quasi-Public is proposed. Land Use Villages One and Five to the north are almost built-out. Village Six, located directly to the east, is currently being graded. Construction has commenced on the high school located just northwest of the proposed fire station location. Based on the Sweetwater Union High School District's facility needs, the Village Two high school was added to the SPA One Plan in 1999. The balance of Village Two is currently undeveloped. 3. Proposed Plan The application involves the consideration of a request to amend the City of Chula Vista Zoning Map by rezoning a parcel in Otay Ranch Village Two from the Planned Community (PC) Zone to Public/Quasi-Public (P-Q) Zone to allow the construction of the 12,000 square-foot fire station on 1.62 acres of land (see Attachment No. 3). The selection of the fire station location took into consideration the location of the nearby 50-acre Village Two high School and the adjacent street network including Street "A" and Street "B" in the northeastern portion of Village Two. This location provides the department the benefit of having txvo major arterials for emergency responses. Located at the intersection of Street "A" and La Media Road, the 12,000 square-foot facility will be built on a 1.62-acre lot, large enough to meet the Fire Department's specifications for the site. The facility would house three or four apparatus bays accommodating a new ladder company and engine company as well as associated work and living quarters for fire personnel. The apparatus bays would be designed to be double length to accommodate a ladder truck, engine track, reserve truck, command vehicles and other associated emergency response vehicles. The design of the station would be consistent with the Public/Quasi-Public Zone building height and setback requirements. This project will also require review by the City's Design Review Committee (DRC) prior to issuance of building permits for the site. Page 5, Item:~ Meeting Date 09/10/02 The City Fire Department's current need for Fire Station No. 7 is based on development of the planned communities east ofi-805. The construction of Fire Station No. 7 will be needed to ensure that the mandated thresholds governed by the City's Growth Management Ordinance are met. 4. Analysis The proposed rezoning of the fire station site in Village Two is needed to deliver a station to the Fire Department in a timely manner. The station is needed in advance of the Village Two SPA Plan approval resulting in the proposal to rezone the site from Planned Community to Public/Quasi- Public. The location of the fire station would provide the department the benefit of utilizing two · major arterials for emergency responses. The rezoning to Public/Quasi-Public for the fire station is consistent with the policies identified in the General Plan. 5. Conclusion The proposed rezoning of the Fire Station No. 7 site in Village Two of Otay Ranch would accomplish the objective of delivering a needed fire station facility to meet the needs of the City Fire Department Master Plan and maintain thresholds required in the City's Growth Management Ordinance. Staff recommends approval of the rezoning application. FISCAL IMPACT: The costs associated with the project involve the City's acquisition of the land for the facility. The site acquisition price and terms of the purchase of the property are under negotiation and will be brought to Council for review at a later date. Attachments 1. Village Two Locator Map 2. Fire Station No. 7 Locator Map 3. Preliminary Site Plan - Fire Station No. 7 4. Resource Conservation Committee Minutes (06/17/02) 5. Planning Commission Meeting Minutes (08/14/02) 6, Table No. 19 1997 Fire Station Master Plan 7. Planning Commission Resolution (PCZ-02-04) / VILLAGE 5 VILLAGE 1 VILLAGE VILLAGE t-- BIRCH 2 North V"LAGEi2 PROJECT Eost. LOCATION VILLAGE West VILLAGE 7 2 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT CITY O~ CHULA VISTA PROJECT DESCRIPTION: ( ^PPL,C~ REZONE CHANGE PROJECT Southwest corner of Santa Venetia Street Request: Rezone of Fire Station #7 to allow ADDRESS: and La Media Road for additional space for a reserve engine, SCALE: FILE NUMBER: NORTH No Scale PCZ-02-04 Related Cases: IS-02-033 i:\home\pranning\cherrylc\locators\pcz0204.cdr 03,18,02 /-? ~"~2 ATTACHMENT ~1 Ill ATTACHMENT #2 /7--8 ATTACHMENT #3 RCC Minutes - 5 - June 17, 2002 2. IS-02-033 - Fire Station #7 (including Rezone and Extension of Street "A") Mr. Phil Hinshaw (A.D. Hinshaw Associates, P.O. Box 13200, El Cajon, CA 92022) reported that Fire Station #7 is in the Village Two area of Otay Ranch. The action is the rezoning of the property from Planned Community to Public/Quasi-Public use and the extension of Street "A" from its current terminus at the Village Two high school site to La Media Road. Rezoning is required before a fire station can be constructed. Currently Street "A' is being constructed for the high school site. Access to the fire station would be from Street "A". Mr. Hinshaw stated that, in doing the review, several potentially significant issues were identified: geophysical and water; air quality; hazards; noise; and paleontological resources. Mitigation measures have been recommended for each one that would reduce the impacts to less than a significant level. They are listed in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. MSUC (Burrascano/Diaz) to approve the Mitigated Negative Declaration. Vote: (7-0) ATTACHMENT #4 Planning Commission Minutes - 2 - August 14, 2002 2. PUBLIC HEARING: PCZ-02-04; Request to amend the City of Chula Vista Zoning Map by rezoning 1.62 acres of land in Otay Ranch Village Two from the Planned Community (PC) Zone to Public/Quasi-Public (P-Q) Zone for the purpose of constructing a 12,000 square-foot Fire Station (City of Chula Vista Fire Station #7) as a necessary public facility for the Otay Ranch development and the City of Chula Vista. Applicant - The City of Chula Vista Background: Rich Whipple, Associate Planner gave overview of the proposal as stated in staff report. MSC (McCannlHom) (7-0) that the Planning Commission adopt Resolution PCZ 02-04 recommending the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS 02-033) and adopt anOrdinance amending the City's Zoning Map established by Chapter 19, Section 19.18.010 of the Chula Vista Municipal Code by rezoning t.62 acres of land in Otay Ranch Village Two from the Planned Community (PC) Zone to Public/Quasi-Public (P-Q) Zone. Motion carried. /?-/0 Table 19. Recommended Phasing and Financing of Fire-Related Projects NOTE: CHARACTERS IN AN INCREMENT RELATE TO THE PROJECT'S PROPOSED FINANCING TECHNIQUE Project 1997-2000 2001-2005 2006-2010 2011-2015 2016-2030 Relocation of FS#4 to FSg4-A site $647,500 A;B;F~ Relocation ofFS#3 to FS#3A site $759,000 A;B;F2 Relocation of FSg6 to FS#6A site $759,000 A3 FS#7 (Olay Ranch Village 2) $1,217,600 4 A;B FS#8 (Salt Creek Ranch) $1,267,600 A;B FS#9 (Olay Ranch EUC) $1,217,600 A;B Brush Rig $179,000 A Training Classroom City: $205,480 PFDIF: $168,120 A;D Fire Prevention Space ~ FS#7 q $ 112,000 Fire Prevention Space ~ FS#1 $ 34,000 A A Reserve Pumper $ 81,100 A TOTAL PFDIF $1,787,620 $1,410,700 $2,026,600 $1,217,600 TOTAL CITY $ 205,480 $ $ $ FINANCING TECHNIQUE A = PFDIF funds on-hand B = Developer pre-payment of fire-component fees outs'landing at time of construction C = Developer turnkey project D = City General Fund share of project costs E = External financing (including possible loans from other City fund accounts). Financing chaxges associated with the use of tiffs option. F = Other (explain) ~ F= $150,000 from resale of current fire station 2 F= $150,000 (est) from resale of current fire station site 3 FSi6 is an interim site on property owned by Eastlake Development. No resale value is assumed for the modular building. 4 Costs associated with establishing a second ladder capability at FS#7 are included in the PFDIF but are not "budgeted" at this time, pending outcome of the recommended staff rexSew. An additional $1 PARTS-6 ATTACHMENT #6 RESOLUTION NO. PCZ,-02-04 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM (IS- 02-033) AND ADOPT AN ORDINANCE TO AMEND THE CITY OF CHULA VISTA ZONING MAP ESTABLISHED BY CHAPTER 19, SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE BY REZONING 1.62 ACRES OF LAND IN OTAY RANCH VILLAGE TWO FROM THE PLANNED COMMUNITY (PC) ZONE TO PUBLIC/QUASI-PUBLIC (P-Q) ZONE FOR THE PURPOSE TO CONSTRUCT A FIRE STATION (FIRE STATION NO. 7). WHEREAS, the property which is the subject matter of this resolution is identified and described on Exhibit "A" and "B" attached to City Council Resolution No. and is commonly known as Fire Station No. 7 Site at Otay Ranch, Village Two ("Property"); and, WHEREAS, an application (PCZ -02-04) to rezone 1.62 acres of land in Otay Ranch Village Two was filed with the City of Chuta Vista Planning and Building Department on February 14, 2002 by the City of Chula Vista ("Applicant"); and, WHEREAS, the application requests to rezone 1.62 acres of land in Otay Ranch Village Two ("Project") and amend the City of Chula Vista Zoning Map to reflect said amendment; and, WItEREAS, the development of the Property has been the subject matter of a General Development Plan previously approved by the City Council on October 28, 1993, wherein the City Council, adopted the original Otay Ranch General Development Plan Program Environmental Impact Report 90-01 ("EIR 90-01"); and, WItEREAS, the City's Environmental Review Coordinator conducted an Initial Study (IS- 02-033) for this application and concluded that, although the proposed project could have a sigmficant effect on the environment, there will not be a significant effect in this case because mitigation measures have been incorporated into the project. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared which must be considered by the Planning Commission prior to a decision on the project; and, WItEREAS, the Planning Commission finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-033) has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City of Chula Vista; and, WltEREAS, the Planning Commission finds that the Project environmental impacts will be mitigated by adoption of the Mitigation Measures described in the Mitigated Negative Declaration and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the ATTACHMENT #7 permittee/Project applicant, and any other responsible parties implement the project components and comply with the Mitigation Monitoring Program; and, WItEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least 10 days prior to the hearing; and WItEREAS, a duly noticed hearing was held at the time and place as advertised, namely 6:00 p.m., August 14, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED TItAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of the Project is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, the City of Chula Vista 1997 Updated Fire Station Master Plan and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached resolution adopting an ordinance to amend the City o£Chula Vista Zoning Map established by Chapter 19, Section 19.18.010 of the Chula Vista Municipal Code, by rezoning of 1.62 acres of land in Otay Ranch Village Two ("Project") in accordance with the findings in said resolution; and, BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends the City Council adopt the attached resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-033' in accordance with Section 15070 of the State CEQA Guidelines; and, And that a copy oftlùs resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, tlùs 14th day of August, 2002 by the following vote, to-wit: AYES: Chair O'Neill, Commissioners Castaneda, Hall, Cortes, Madrid, McCann, Hom NOES: ABSENT: ABSTENTIONS: /7).~...::- 0.;/ "-'-^' , Kevin O'Neill, Chair ATTEST: h~~~= Diana Vargas, Secretary .1: ',I'J.:mning·.R I( '1-1 \\~',Ota~ _. Randl·,\ï11agç _ T.F ire _ S tauon \0. ì __ Rc/Om: _ PC_ RC~(1 ,duc 'tt I ¡ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM (IS-02-033) AND ADOPTING AN ORDINANCE TO AMEND THE CITY OF CHULA VISTA ZONING MAP ESTABLISHED BY CHAPTER 19, SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE BY REZONING 1.62 ACRES OF LAND IN OTAY RANCH VILLAGE TWO FROM THE PLANNED COMMUNITY (PC) ZONE TO PUBLIC/QUASI-PUBLIC (P-Q) ZONE FOR THE PURPOSE TO CONSTRUCT A FIRE STATION (FIRE STATION NO.7) I. RECITALS WHEREAS, the property which is the subject matter of this resolution is identified and described on Exhibit "A" and "BOO attached hereto and is commonly known as Fire Station No.7 Site at Otay Ranch, Village Two ("Property"); and, WHEREAS, an application (PCZ-02-04) to rezone 1.62 acres of land in Otay Ranch Village Two was filed with the City of Chula Vista Planning and Building Department on February 14, 2002 by the City of Chula Vista and The Otay Ranch Company ("Applicant"); and, WHEREAS, the application requests to rezone 1.62 acres of land in Otay Ranch Village Two ("Project") and amend the City of Chula Vista Zoning Map to reflect said amendment; and, WHEREAS, the development of the Property has been the subject matter of a General Development Plan previously approved by the City Council on October 28, 1993, wherein the City Council, adopted the original Otay Ranch General Development Plan Program Environmental Impact Report 90-01 ("EIR 90-01"); and, WHEREAS, the City's Environmental Review Coordinator conducted an Initial Study (IS-02-033) for this application and concluded that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been incorporated into the project. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, identified as Exhibit "C", attached hereto, were prepared which must be considered by the City Council prior to a decision on the project; and, WHEREAS, the City Council finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-033) has been prepared in 17 - /5 Resolution No. Page 2 accordance with the requirements of the California Environmental Quality Act (CEQA), and the Environmental Review Procèdures of the City ofChula Vista; and, WHEREAS, the City Council finds that the Project environmental impacts will be mitigated by adoption of the Mitigation Measures described in the Mitigated Negative Declaration and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the permittee/Project applicant, and any other responsible parties implement the project components and comply with the Mitigation Monitoring Program; and, WHEREAS, the Planning Commission set the time and place for a public hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least 10 days prior to the hearing; and, WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely 6:00 p.m., August 14, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, by a vote of 7-0-0 the Planning Commission approved the project; and, WHEREAS, the City Council set the time and place for a public hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least 10 days prior to the hearing; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on August 14, 2002, and the minutes and resolutions resulting thererrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmt)ntal Quality Act (CEQA) claims. 17-16 Resolution No. Page 3 III. ACTION The City Council hereby approves the Resolution adopting an Ordinance to amend the City of Chula Vista Zoning Map established by Chapter 19, Section 19.18.010 of the Chula Vista Municipal Code by rezoning 1.62 acres ofland in Otay Ranch Village Two from the Planned Community (PC) Zone to Public/Quasi-Public (P-Q) Zone for the purpose to construct a 12,000 'square-foot Fire Station (City of Chula Vista Fire Station No.7) as a necessary public facility for the Otay Ranch development and the City of Chula Vista finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, the City of Chu1a Vista 1997 Updated Fire Station Master Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-033) has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chu1a Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-033). V. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no major changes in the Project from the FEIR 90-01 which would require revisions of said report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous report; (3) no new information of substantial importance to the Project has become available since the issuance and approval of the prior report; and that, although the proposed project could have a significant environmental effect, there will not be a significant effect in this case because added mitigation measures would result rrom the project, and therefore, the City Council approved the Project as an activity that is within the scope of the project covered by the FEIR 90-01. VI. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-OI-033) in the form presented has been prepared in 17-/7 Resolution No. Page 4 accordance with requirements .of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista and hereby adopt same. VII. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP Program FEIR 90-01 and Mitigated Negative Declaration (IS-02-033). VIII. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the original Otay Ranch Program Final Environmental Impact Report (FEIR 90-01) adequately describes and analyzes this project for the purposes of CEQA (Guideline 15168(e)). IX. OTAY RANCH GENERAL DEVELOPMENT PLAN FINDINGS The proposed Project is consistent with the Otay Ranch General Development Plan for the following reasons: A. THE PROPOSED ZONING MAP AMENDMENT IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP). The amendment to the City of Chula Vista Zoning Map to rezone 1.62 acres of land in Otay Ranch Village Two to accommodate a Fire Station for the City of Chula Vista reflects the appropriate land uses, circulation system, and public facility needs consistent with the policies for Village Two described in the Otay Ranch General Development Plan, Chula Vista General Plan, and the City's Growth Management Ordinance. B. THE PROPOSED ZONING MAP AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED GENERAL DEVELOPMENT PLAN AREA. The proposed Zoning Map amendment allows for the current need for an emergency services-related public facility to protect the health, safety and welfare of the residents of the City of Chula Vista, consistent with the /7-/6' Resolution No. Page 5 policies and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED ZONING MAP AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land use policies described for Village Two within the Otay Ranch GDP area are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the village itself. The Project's location takes into consideration future land planning opportunities for Village Two and will be compatible with existing adjacent land uses, as required by the Otay Ranch General Development Plan. A comprehensive street network will serve the Project and provide access to other off-site properties. The proposed Project closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of added mitigation measures specified in the Mitigated Negative Declaration prepared for Initial Study 02-033. X. APPROVAL OF AMENDMENT TO CITY OF CHULA VISTA ZONING MAP The City Council does hereby approve the Project subject to the findings set forth in Section IX listed above and based upon the findings and determinations on the record for this Project. XI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. XII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. /7-lr Resolution No. Page 6 Presented by: Robert A. Leiter, AICP Director of Planning and Building J:/attorney/reso/Fire Station 7 Approved as to form by: ~/b;JI C ty Attorney 17 - 20 ILL'. V.LvVL \...1/1'" "''- v,,,, "nll"'1 vV'-'.....···~~ -- --" ----..v...J,vv ,,' CITY OF CHL.....A VISTA FIRE DEPARTIn~NT STATION OTAY RANCH VIlLAGE 2 ,,'['r 80Y PAR C89 ~ 1091,24') ~ ~ '£ - ~ 7¡"57'2~'57'23·£ ~ d (~ ~ 7 ~ß'1' ~ - S'f~;'ôS£D) -- (pR~ P_o.CO( E'LY BOY PAR .. \ \ PM 18789 \ \ \ \ \ \ TOTRL P. 0~ EXHIBrT "A" °0 o n \ 64' \ \ PARCEL \ 6" \ .~~ -¿:,. \3 I¡; ';0 o ~ . pM \ \ ,;,¡ ~ u V) E'LY 8DY PARCEL 4 ðe 4335' RADIUS CURVE Pé:R PM 18789 N ~\ ~ \ INDICAT£!:S PROPOSED FIRE STATION SITE. 1.62 ACRES r&J. () ~ d d = ~ ~ ';I) o " o V) t"'"\ Q ~ \ INDICATES RECORD DATA PER PM 18789 - ¿s © ~ ~ æs ~ ~ Ii=> © 3' o£ 266.3 (") / 76' 40'26 ."."£ f!1¡ N ., 81 22 --- '"------ --- ~ II HUNSAKER & ASSOCIA TIS PA;:¡C:=-L £j pjY] -107138 1...,.. Þ [ c o. ,.. c. P\,A~IWÇ 1U179 jJ~1"'d ~ ð'iCJNCUIJNG !.lot¡ ~ Ú. 9I1Z1 ~VI.\I{)'JJ>.IC fr118:.e)S~ø·"I!I~15sa."1. R""rð!l~\1Þ n. __ .w'~ ,t:a. I J~ /7 -21 i 18789 @ T.P.O.8. 2c:: g ~ ~ @S p AF\C:::L 3 PM \-J8789 ~ ~ G= © t-c..p."C.^-' ................"- ,~ ~ EXHIBIT II A" LEGAL DESCRIPTION THAT PORTION OF PARCEl 4 OF PARCEL MAP NO.1 8789, IN THE CITY OF CHULA VISTA, CouNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE SAN DIEGO COUN1Y RECORDER ON SEPTEMBER 7, 2001, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT ON THE EAsTERLY BOUNDARY OF SAID PARCEL 4 BEING THE WESTERLY TERMINUS OF THAT COURSE ON THE BOUNDARY OF PARCEL 1 OF SAID PARCEL MAP NO.1 8789 DEPICTED ON SHEET 3 OF SAID PARCEL MAP NO. 187B9AS N 71°57'24" E, 109124', SAID POINT ALSO BEING THE SOUTHERLY TERMINUS OF A 4336.00 FOOT RADIUS CURVE CONCAVE WESTERLY AS DEPICTED ON SAID PARCEL MAP NO. 18789, A RADIAL BEARING of SAID CURVE BEARS NORTH 77°19'04' EAST (RECORD N 77·18'51" E PER SAID PARCEL MAP NO. 18789) TO SAID POINT. SAID 4336.00 FOOT RADIUS CURVE BEING THE PROPOSED WESTERLY RIGHT OF WAY OF LA MEDIA ROAD WITHIN OTAY RANCH VILLAGES 2 AND 6; THENCE SOUTHERLY ALONG THE ARC OF THE SOUTHERLY CONTINUATION OF SAID 4336,00 FOOT RADIUS CURVE AND SAID PROPOSED WESTERLY RIGHT OF WAY OF LA MEDIA ROAD THROUGH A CENTRAL ANGLE OF 00°52'26", 66.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG THE ARC OF SAID 4336.00 FOOT RADIUS AND SAID PROPOSED WESTERLY RIGHT OF WAY OF LA MEDIA ROAD THROUGH A CENTRAL ANGLE OF 03°10'44". 240.58 FEET: THENCE LEAVING SAID PROPOSED WESTERLY RIGHT OF WAY OF LA MEDIA ROAD NON-TANGENT TO SAID CURVE SOUTH 76°40'26" WEST, 266.33 FEET; THENCE NORTH 12°45'05" WEST, 260.28 FEET TO A POINT ON THE PROPOSED SOUTHERLY RIGHT OF WAY OF SANTA VENETIA STREET WITHIN OT A Y RANCH VILLAGE 2; THENCE ALONG SAID PROPOSED SOUTHERLY RIGHT OF WAY OF SANTA VENETlA STREET NORTH 77°14'55" EAST, 258.95 FEET; THENCE CONTINUING ALONG SAID PROPOSED PAGE 1 OF2 :DV M~\OO25\294\L&ga1 De.:-;c:dptlun3\A.02 FiR'! Sla!.Jcn Sits_doc wo 25-2\>4 215102 /7-2..2, EXHIBIT "BII sOUTHERLY RIGHT OF WAY OF SANTA VE~NETIA STREET sOUTH S8"53'23" EAST, 24,96 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1.62 ACRES MORE OR LESS. L.S. 7322 ,~p. 17J31/0~, DAVID W. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 :Dy' M,\0925~4~L~,g;~I OescriptJ~n~;\~02 Fir~ St~or~ Site.do(; Mitigated Negative Declaration PROJECT NAME: Fire Station #7 (including Rezone and Extension of Street "A") PROJECT LOCATION: Otay Ranch Village Two AS SESSOR' S PARCEL NO.: 644-030-1100 PROJECT APPLICANT: City of Chula Vista, Department of Building and Park Construction CASE NO.: IS-02-033 DATE: June 7, 2002 A. Proiect Setting The proposed project site is located in Olay Ranch within Village Two in the southwest quadrant of the Street "A" (Santa Venetia)/La Media Road intersection. The project site is generally devoid of vegetation. The majority of the project site has been graded as part of the construction of Olympic Parkway. The proposed fire station site will be served from Street "A," which "will be extended from its current terminus at lhe Village Two High School site to La Media Road. Currently, the site is surrounded by vacant disturbed lands to be developed as part of the Olay Ranch project. I ature surrounding land uses include: North mixed use Town Center (Village Two). East single-family residential (Village Six). South - multi-family residential .(Village Two). West multi family residential (Village Txvo). B. Proiect Des~/r!p)on The proposed fire station is included in the Olay Ranch General Development Plan (GDP) as a necessary public facility, and a redesignation of the site fiom Planned Comnmnity (PC) zone to Public/Quasi-Public (P-Q) zone is proposed to allow for a public use within Village Two prior to the processing of the SPA plan. The proposed fire station and the extension of Street "A" are depicted in the attached Preliminary Site Plan (Figures I and 2). The proposed 12,000 square foot (s.f.) fire station will consist of three or four apparatus bays, associated work and living areas. The apparatus bays wilt be double length to accommodate a fire truck, fire engine, command vehicles, reserve truck and engine, ambulance and miscellaneous apparatus. Access lo lhe fire station will be provided via Street "A" along the northern project boundary. lhe design ol the fire station building will be consistent xvith the Zoning Ordinance building height and setback limitations. A six-f6ol high wall compatible with the Olay Ranch wall theme would be constructed along the west and south boundaries of the site. Onsite motion sensor exterior lighting will be included in the design of lhe proposed fire station. A vehicle exhaust extraction system will also be installed to venl exhaust fumes fi'om the engine bays An emergency generator and t;vo above 06/07/02 gXlt I BI'I' 'C" ground fuel tanks enclosed within a masonry structure are proposed along the southern property boundary. The living quarters will accommodate 10 personnel to staff a 3-person engine company, a 4-person truck company, a future Battalion Chief, and possibly a two-person ambulance company. The station will include office space for the Fire Prevention Division as well as for Police Department use. Approximately twenty-seven onsite parking spaces are proposed, including handicapped spaces. Grading for the construction of Street "A" will result in a cut slope along the north side of the roadway ranging in height from 35 feet near La Media Road to 60 feet at the present terminus of Street "A" near the Village Two High School site. The cut slope along the south site of the roadway will range from two feet near the fire station to 20 feet in height near the Village Two High School site. C. Compliance with Zoning and Plans The proposed tim station is included in the Otay Ranch General Development Plan (GDP) as a necessary public facility. The station is included in the adopted GDP Village Two Land Use Plan; thus, the construction of the station is compatible with the Chula Vista General Plan and Otay Ranch GDP. A redesignation of the site from Planned Community (PC) zone to Public/Quasi-Public (P-Q) zone is proposed to allow for a public use within Village Two prior to the processing of the SPA plan. Construct/on of the proposed fire station would conform to the City's environmental plans and polices. Development of the project site was anticipated as a part of the GDP and the Olay Ranch Resource Management Plan (RMP) and the Phase 2 RMP. The fire station would not affect agricultural resources. The majority of the site has been graded as a part of the construction of Olympic Parkway. No agricultural activities occur on the project site. D. Public Comments On May 1, 2002 a Notice of Initial Study was circulated to property owners within a 500-foot radius of the proposed project site. The public review period ended May 13, 2002. One comment letter was received from the Olay Water District. This comment letter recommended that the City coordinate with the District throughout the planning process. E. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist form) determined that although the proposed project could have a significant environmental effect, there will not be a significant effect in this case because mitigation measures described in Section F beloxv have been added to the project. The preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. 1. _Geophysical and Water Although construction grading for Street "A" and the proposed fire station will be performed in compliance with the City of Chula Vista Grading Ordinance (Ordinance 1797, as amended), significant water quality impacts could occur during the construction period due to disruptions of the soil. Following construction of the fire station significant water quality impacts could result fi'om runoff that includes sedimentation, hydrocarbons, nutrients, pesticides, and debris. 2 O6/07/O2 2. Air Quality The proposed project would generate sufficient emissions and dust during construction-related activities to result in a short-term significant, but mitigable, impacts to air quality. Although air quality impacts resulting from construction related emissions are potentially significant, they are considered short-term in duration since construction is a relatively short-term, one-time activity. Dust control during grading operations would be regulated in accordance with City of Chula Vista grading standards and the rules and regulations of the San Diego Air Pollution Control DisVrict (APCD). 3. Hazards The proposed fire station site will include above ground storage tanks (1,000 gl. of diesel and 500 gl. of gasoline) for operation of the emergency generator and fire engines. Emergency shutoff switches and a fire suppression system will be installed. Potentially significant hazard impacts could occur if a leak occurred in either of the fuel tanks 4. Noise The emergency generator may produce a noise level or 85 dB at 80 feet without noise attenuation. The generator xvould be operated during power outages and for monthly testing. Monthly testing is normally conducted on Saturdays. The Village Two multi-faintly residential units planned for construction to the south and west of the proposed fire station could be significantly impacted by the emergency generator noise even though a si×-foot high wall is also proposed to be constructed along the proposed fire station's southern and western site boundary. 5. Paleontolog!c~al Re_s_9_urces Previous grading in the Otay Ranch area has uncovered a wide variety of fossil remains and there is a possibility tbat fossils may be uncovered during the cut grading for the extension of Street "A." Potentially significant paleontological resource impacts could occur if fossils are uncovered during the grading operation. F. Mitigatmn Necess54t7 to Avoid Significant ILnpacts- ProJect-specific mitigation measures are required to reduce potential environmental impacts identified in the Initial Study to a less than significant level. The mitigation measures will be made a condition of approval, as ~vell as requirements of the atlached Mitigation Monitonng Reporting Program (Attactunent "A"). Geophysical & X, Vater Erosion and Sedimentation Prior to the issuance ora grading pemnt, a water quality report shall be submitted to the City Engineering Department that addresses all applicable regulations established by the U.S. Environmental Protection Agency (USEPA) as set forth in the Natural Pollutant Discharge Elimination System (NPDES) peiTmt requirements for urban mnoffand storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or reqmrcmenls The site specific water quality report will address pollutants of concern and implementalion of Best Management Praclices (BMPs). This study will to ensure that 3 06/07/02 pollutants and runoff fi'om the project will be reduced to the maximum extent practicable (MEP). Implementation of the recommended BMPs during and after construction would reduce erosion and sedimentation in the downstream storm drain system to a less than significant level. The recommendations of the approved water quality report will be adopted as requirements of the proposed project. 2. The National Pollutant Discharge Elimination Systems (NPDES) Permit Order No. 2001-01 and Best Management Practices (BMPs) are required to be implemented during and after cons/ruction to prevent sedimentation and other pollutants from entering the storm drain system. Short-term construction erosion would be reduced to a less than significant level by the installation of temporary desilting and erosion control devices. These devices include desilting basins, berms, hay bales, silt fences, dikes, and shoring. Pollutants resulting from the use of the site as a tim station shall be reduced to a less than significant level through the installation of a flow-based catch basin and/or gross pollutant traps that capture and retain floatable, trash, debris, and fine sand Air Quality Construction Related Emissions 3. All unpaved construction areas shall be sprinkled with water or other acceptable dust control agents during dust-generating activities to reduce dust emissions. Additional watering or dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. 4. Tracks hauling dirt and debris shall be properly covered to reduce ~vindblown dust and spills. 5. A 20-mile-per-hour speed limit on unpaved surfaces in connection xvith the project shall be enforced. 6. On dry days, di~ and debris spilled onto paved surfaces shall be swept up immediately to reduce re-suspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 7. On-site stockpiles of excavated material shall be covered or watered. 8. Disturbed areas shall be hydroseeded, landscaped, or developed as qnickly as possible and as directed by the City to reduce dust generation. 9. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized dunng grading and construction activities. Catalytic reduction for gasoline-powered equipment shall be used. Also, construction equipment shall be equipped with prechamber diesel engines (or equivalent) together with proper maintenance Hazards Fuel Leaks 10. The above ground fuel tanks shall be of double wall construction. 4 06/07/02 11. The above ground fuel tanks shall be constructed within a containment basin having a capacity of 150% of the fuel tank capacity. Noise Emergency Generator 12. The emergency generator shall be enclosed in a masonry structure capable of reducing generator noise to 45 dB(A) at all property lines. Paleontological Resources Gut Grading 13. A qualified a paleontologist will be retained to implement a paleontological monitoring and recovery program as a condition of the project construction contract. A qualified paleontologist is defined as an individual with and MS or Ph.D. in paleontology or geology that is a recognized expert in the identification and recovery of fossil materials. 14. The qualified paleontologist will attend the project pre-construction meeting to discuss project-grading plans with the project contractor(s). If the qualified paleontologist determines that proposed excavation/grading will likely cut into undisturbed portions of the underlying geologic formation, lhen monitoring will be conducted as outlined below. 15. The project paleontologist or a paleontological monitor will be on-site during original cutting of the underlying geologic formation. A paleontological monitor is defined as an individual who has experience in collection and salvage of fossil materials, and who is working under the direction of a qnalified paleontologist. Monitoring of the noted geologic units will be at least half time at the begi~ming of excavation, and will be either increased or decreased depending on initial results (per direction by the project paleontologist) I6. In the event that well-preserved fossils are discovered, the project paleontologist will have the authority to temporarily halt or redirect construction activities in the discovery area to allow recovery in a timely mariner (typically on the order of 1 hour to 2 days). All collected fossil remains will be cleaned, sorted and catalogued, and deposited in an appropriated scientific institution such as the San Diego Museum of Natural History. 17. A report (with a ~nap showing fossil site locations) summarizing the result, analyses and conclusions of the above described monitoring/recovery program will be submitted to the City of Chola Vista Planning Department within three months of terminating monitoring activities. I agree to implement the mitigation measures required as stated in this Section (F) of this Mitigated 5 06/07/02 Jim Geering, Fire Marshall John Schmitz, Planning Division Silvester Evetovich, Engineering Division Frank Rivera, Engineering Division Ralph Leyva, Engineering Division Sohaib A1-Agha, Engineehng Division Clifford Swanson, Public Works Department 2. _A~2plicant: Department of Building and Park Construction, City of Chula Vista 3. Documents City of Chula Vista, General Plan and EIR, (1989) City of Chula Vista, Chula Vista Municipal Code Title 19, September 1997 Geocon, Inc., Vil_la~e Two Geotechnical Study, March 15, 2002 Memorandum Frank Rivera to Richard Whipple, May 21,2002 Marisa Lundstedt to Frank Rivera, May 7, 2002 l.etters Dexter Wilson Engineenng, Inc. to Oraz Ranch Company, May 13 and May 23, 2002 Hunsaker & Associates to Marisa Lundstedt, May 6, 2002 Geocon, Inc. to Otay Ranch Company, May 9, 2002 Interdepartmental Comment Sheets prepared by Engineenng Department, April 9, 2002 4. Initial Study This environmental determination is based on the attached Initial Study, any comments received on the Initial Study, and any comments received during the public review period for this negative declaration. The report reflects the independent judgment of the City of Chula Vista Further info~Tnation regarding the environmental review of this project is available from thc Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. ~4g~_'~'/~. _ ~ Date: ~ Environmental Review Coordinator 6 06/10/02 Case No. IS-02-033 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: City of Chula Vista 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Addresses and Phone Number of Proponent: City of Chula Vista Department of Building and Park Construction 1800 Maxwell Road Chula Vista, CA 91911 (619) 394-6064 4. Name of Proposal: Fire Station //7 (including Rezone and Extension of Street "A") Otay Ranch Village Two Chula Vista, CA 5. Assessor Parcel No. 644 030-1100 6. Date of Checklist: June 7, 2002 I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or [] [] [] []. zoning? b) Conflict with applicable environmental plans or [] [] [] ~ policies adopted by agencies with .jurisdiction over the project? c) Affect agricultural resources or operations [] r~ ~ ~ (e.g., impacts to soils or farmlands, or impacts from inconrpatible land uses)? d) Disrupt or divide the physical arrangcment of c~ [] [] ~ an established corrmnunity (including a low- income or minority conununity)? Comments: The proposed project site is located in Otay Ranch Village Two in the southwest quadrant of the Street "A" (Santa Venetia)/La Media Road intersection. The site (located within APN 644-030- 1100) will become a separate legal parcel created by a Grant Deed or Parcel Map. Historically, the site and surrounding area were used for agricultural purposes, but the site has been partially graded as part of the construction of Olympic Parkway. Street "A" will be extended approximately 800 feet from its cnrreut terminus at the Village Two High School site to La Media Road. Currently, the site is highly disturbed by grading activities, arid is surrotruded by vacant disturbed lands to be developed as part of 563 Checklisl doc 1 Prepared 6/7/02 Case No. IS-02-033 the Otay Ranch project. Future surrounding land uses include: North - mixed-use Town Center (Village Two). East - single-family residential (Village Six). South -multi-family residential (Village Two). West - multi-family residential (Village Two). The proposed 12,000 square foot (s.f.) proposed fire station will consist of three or four apparatus bays, associated work and living areas. The apparatus bays will be double length to accommodate a fire track, fire engine, command vehicles, reserve track and engine, ambulance and miscellaneous apparatus. Access to the proposed project will be provided via Street "A" along the northern project boundary. The design of the proposed fire station building will be consistent with the Zoning Ordinance building height and setback limitations. A six foot high wall compatible with the Otay Ranch wall theme will be constructed along the west and south bonndaries of the site. A vehicle exhaust extraction system will also be installed to vent exhaust fumes from the engine bays. Additionally, an emergency generator and two above ground fuel tanks are proposed along the southern property boundary. The living quarters will accommodate 10 personuel to staff a 3 person engine company, a 4-person track company, a future Battalion Chief, and possibly a two-person ambulance company. The station will include office space for the Fire Prevention Division as well as for Police Department use. Approximately twenty-seven onsite parking spaces are proposed, including handicapped spaces. Tbe proposed project is included in the Otay Ranch General Development Plan (GDP), and is compatible with the Chula Vista General Plan. A redesignation of the proposed fire station site from Planned Conmmnity (PC) zone to Public/Quasi-Public (P-Q) zone is proposed to allow for a public use wilhin Village Two prior to the processing of ~he SPA plan. Construction of the proposed project would couform to the City's environmental plans and polices. Development of the project site was anticipated as a part of the GDP and the Otay Ranch Resource Man.agement Plan (RMP) and the Phase 2 RMP. The proposed project would not affect agricultural resources. The majority of the site has been graded as a part of the construction of Olympic Parkway. No agricultural activities occur on the project site. Mitigation: No mitigation measures are required. I1. POPULATION AND HOUSING. Would the pFo]7os(ll: S[gnifican~ Unless Signillcan! No a) Cumulatively exceed official regional or local ~3 ~ rn [] population projections? b) Induce substantial growth in an area either ~ [] D [] directly or indirectly (eg, through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing honsing, especially o o [] [] affordable housing? Comments: The proposed project will serve the Otay Ranch development concurrent with the need for public services. The proposed fire stalion and Slr eet "A" would not induce eilher commercial or residential 563 Checklist.doc 2 Prepared 6/7/02 Case No. IS-02-033 growth in the area The proposed project does not involve the removal of any dwelling units or the extension of other public facilities. Development of the Otay Ranch area is consistent with the City's General Plan and would not exceed regional or local population projections. Mitigation: No mitigation is required because the project would not result in significant impacts. III. GEOPHYSICAL. Would the proposal result in or l, ote~aa~ s~a==t l,~th.~ expose people to potential impacts involving: s~g. ifica~t Unless Signilicant I~o a) Unstable earth conditions or changes in [] [] [] [] geologic substructures? b) Disruptions, displacements, compaction, or [] [] [] [] overcovering of the soil? c) Change in topography or ground surface relief [] [] [] t~ features'? d) The destruction, covering, or modification of [] [] [] [] any unique geologic or physical features? e) Any increase in wind or water erosion of soils, [] [] [] [] either on or off the site? f) Changes in deposition or erosion of beach [] [] [] [] sands, or changes in siltation, deposition or erosion, which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic [] [] [] [] hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? Comments: There are no known geophysical conditions present that would expose people to geologic or earth hazards. Geotechnical studies completed for Otay Ranch Villages Two and the proposed fire station determined that the site is suitable for development. A nine foot high fill slope created for the construction of La Media Road will be located at the eastern edge of the site. A 13-foot high fill slope will be located i~mnediately off site to the west to create the level building pad. Grading for the proposed fire station will generate 119,454 cubic yards (c.y.) of cut material; 20,134 c.y. will be placed onsite as fill material, and 99,320 c.y. will be exported to the Village Two borrow site or to Otay Ranch Village Six, which is located east of Village Two, across La Media Road. In Village Six the export material would be used to create building pads. Compliance with the building design and construction requirements of the Uniform Building Code requirements would avoid potentially significant structural impacts resulting from seismic activity. City of Chula Vista standard engineering conditions require that improvement plans be based on a site-specific geotechnical/soils study submitted concurrently with the first set of grading plans. Recmnmendations included in the geotechnical study will reflect site-specific soil conditions as determined by borings and trenches, erosion potential during and after construction, soil permeability and infiltration, and corr0sivity testing. The grading recom~nendations will specifically address nndocumented fill, bentonite, landslide debris, kelp by products, and groundwater. No significant geologic effects are anticipated to result from construction of the proposed project. 563 ( hecklisl.doc 3 Prepared 6/7/02 t Case No. IS-02-033 Grading for the construction of Street "A" will result in a cut slope along the north side of the roadway ranging in height from 35 feet near [.a Media Road to 60 feet at the present terminus of Street "A" near the Village Two High School site. The cut slope along the south site of the roadway will range from two feet near the proposed project to 20 feet in height near the Village Two High School site. The cut slopes required for the construction of Street "A" would be temporary slopes until such time as grading for the construction of Village Two occurs. The slopes will be planted as required by the City of Chula Vista Grading Ordinance (Ordinance 1797, as amended) to prevent erosion and downstream water quality impacts. The final configuration, and landscaping, of these temporary slopes will be determined when grading plans for Village Two are completed. The U.S. Department of Agriculture Soil Survey identifies the soils at the project site as Diablo clay, 9- 15 percent slope (DAD), which are classified as Hydrologic Group D. Diablo clay soils are rated as having a high runoffpotential and moderate erosion potential. Water quality pollutants commonly found in urban runoff include: sediment discharge due to construction activities and post-construction areas left bare; nutrients from fertilizers; trash and debris deposited in drain inlets; hydrocarbons from paved areas; and pesticides from landscaping~ Although construction grading for Street "A" and the proposed fire station will be performed in compliance with the City of Chula Vista Grading Ordinance (Ordinance 1797, as amended), significant water quality impacts could occur during the construction period due to disruptions of the soil. Following construction of the fire station significant water quality impacts could result from runoff that includes sedimentation, hydrocarbons, nutrients, pesticides, and debris. Mitigation: Mitigalion measures listed in Section XIX would reduce impacts to a less than significant level. IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, [] u [] [] or the rate and amoutu of surface runoff? b) Exposure of people or property to water [] [] [] [] related hazards such as flooding or tidal waves? c) Discharge into surface waters or other [] [] [] alteration of surface water quality (e.g., temperature, dissolved oxygen, or turbidity)? d) Changes in the.amount of surface water in any [] [] c~ [] water body? e) Changes in currents, or the course of direction [] [] of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, eithcr [] [] [] [] through direct additions or withdrawals, or through interception of an aquil~r by cuts or excavations? g) Altered direction or rate of flow of [] [] [] 563 Checklist.doc 4 Prepared 6/7/02 Case No. IS-02-033 groundwater? h) Impacts to groundwater quality? [] [] [] [] i) Alterations to the course or flow of [] [] D [] floodwaters? j) Substantial reduction in the amount of water [] [] [] [] otherwise available for public water supplies? Comments: The proposed project site is not located in a mapped flood zone and no significant flood impacts would result from developing the site. As shown on the preliminary grading plan, brow ditches around the south and west boundaries of the site will divert runoff from the adjacent multi-family residential area around the proposed project site. An onsite storm drain system, including a flow-based catch basin will convey onsite runoff to the Street "A" storm drain. This storm drain will connect to the storm drain in La Media Road and Olympic Parkway. No "wet" training drills will be conducted at the prnposed fire station that would result in a discharge of pollutants into the storm drain system. The City Engineering Division has reviewed and coucurs with the results of a preliminary drainage analysis completed for the project. A condition of project approval will require that onsite drainage facilities be included in the first submittal of grading and improvement plans. Additional detailed drainage studies will be prepared concurrently with the final grading plans for the project as required by the Grading Ordinance. All grading operations will be performed in compliance with the City of Chula Vista Grading Ordinance (Ordinance 1797, as amended). The onsite parking area is cIassified as a Priority Development Project by Section F.l.b(2)(a)viii of the National Pollution Discharge Elimination System (NPDES) Permit, Order No. 20-11-01. This classification requires compliance with the Standard Urban Storm Water Mitigafion Plans (SUSMPs) and Numeric Sizing Criteria of the Permit. A site-specific water quality report that addresses pollutants of concern and implementation of Best Management Practices (BMPs) will be prepared and approved by the City prior to the issuance of a grading permit. This study will ensure that pollutants and runoff from the project will be reduced to the maximum extent practicable (MEP). Implementation of the recormnended BMPs during and after construction would reduce erosion and sedimentation in the downstream storm drain system to a less than significant level. Shortqerm erosion impacts would be reduced to a less than significant level by the installation of temporary desilting and erosion control devices required by the NPDES Permit, and specified on the grading and improvement plans in. These devices include desilting basins, berms, hay bales, silt fences, dikes, and shoring. Potentially significant long-term water quality impacts could result from runoff carrying sediments, hydrocarbons, nutrients, pesticides, and debris. These long-term impacts would be rednced to a less than significant level by the implementation of BMPs as specified in the NPDES Permit. The geophysical mitigation measures included in Section XIX will assure that the NPDES Permit reqnirements and BMPs are implemented. Adequate public wa~er service is available to the site. Groundwater would not be impacted because there would be no additions or withdrawals from the local aquifeL Mitigation: Geophysical mitigation measures #1 and #2 listed in Section XIX would reduce short-term and long term water quality impacts to a less than significant level. 563 (?hecklist doc 5 Prepared 6/7/02 Case No. IS-02-033 V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute [] [] ~ [] to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? [] [] o [] c) Alter air movement, moisture, temperature, or [] [] ~2 [] cause any change in climate, either locally or regionally? d) Create objectionable odors? c~ [] [] [] e) Create a substantial increase in stationary or [] [] [] [] non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: Engine combustion emissions and dust generated during construction-related activities could potentially result in short-term significant, but mitigable, impacts to air quality. Fugitive dust would also be created as a result of clearing, earth movement, and travel on unpaved surfaces. Although air quality impacts resulting from construction-related emissions may be potentially significant, these emissions are considered short term in duration since construction is a relatively short-term, one-time activity. Dust control during grading operations would be regulated in accordance with the roles and regulations of the San Diego Air Pollution Control District (APCD). During construction of the proposed project, the project will be sul~ject to mitigation measures outlined below in Section XIX. A vehicle exhaust extraction system would be installed in the proposed fire station to vent fire engine exhaust from the equipment bays. The design of the exhaust system is the same as the system used in the existing fire stations; the proposed vent system will disperse all exhaust so as to prevent it from adversely affecting adjacent land uses. The proposed fire station is consistent with the General Plan land use .desiguations that were used for the Regional Air Quality Model. Emissions from traffic associated with the proposed fire station will be less than significant because they would be consistent with the emission projections included in the Regioual Air Quality Model. No sensitive receptors would be located in the adjacent areas. No significant loug-term air qnality impacts are expected to result. Mitigation: Mitigation measures listed in Section XIX would reduce shortqerm impacts to a less than significant level. No mitigation measures are required for long term impacts because they would be less than significant. VI. TRANSPORTATION/CIRCULATION. ~Vou/d Po,entially the propoxal result in: Significant Unless Significanl NO a) Increased vehicle trips or traffic congestion? [] [] c~ ~ b) Hazards to sak:ty from design features (e.g., shin p curves or dangerous intersections) or incompatible uses (e:g., farm equipment)? c) Inadequate emergency access or access to nearby uses? 563 Checklisl doc 6 Prepared 6/7/02 Case No. IS-02-033 d) Insufficient parking capacity onsite or off site? [] [] [] [] e) Hazards or barriers for pedestrians or [] [] t~ [] bicyclists? f) Conflicts with adopted policies supporting [] [] t~ [] alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? [] [] [] [] h) A "large project" under the Congestion [] [] [] [] Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: Street "A' (Santa Veuetia) and La Media Road will be constructed prior to the completion of the proposed fire station. La Media Road is classified as a 6-Lane Prime Arterial and Street "A' is classified as Class Ill Collector roadway. Ingress and egress to the site will be from Street "A." The City Engineering Division has projected that the Fire Station will generate 100 average daily trips (ADT) (assuming 10 persons @ 10 trips per day). This level of traffic would have a less than significant impact on the local road network. The proposed project is consistent with the City's Transportation Phasing Plan and General Plan Traffic Element. No impacts to traffic and circulation are anticipated. Mitigation: No mitigation measures are required because the project would not result in significant impacts to the local road network. VII. BIOLOGICAL RESOURCES. Would the eote,~tlans Polentially Significanl Less Ihan proposal result in impacts to: Significant Unless Signiliean~ No a) Endangered, sensitive species, species of [] [] [] [] coocern or species that are candidates for listing? b) Locally designated species (e.g., heritage [] [] [] [] trees)? c) Locally designated natural communities (e.g., [] t3 [] ~ oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and [] [] [] ~ vernal pool)? e) Wildlife dispersal or ~nigration corridors? [] [] [] [] f) Affect regional habitat preservation planning [] [~ D ~ efforts? Comments: 'lEe proposed project site is not located in a biologically sensitive area as identified in the City's General Plan and Draft Multiple Species Conservation Program Subarea Plan (dated October 9, 2000). Biological studies of the Village Two area reported that the site previously supported annual (non- native) grassland, and that no seusitive plant species or jurisdictional waters occur onsite. The site is now highly disturbed by grading associated with the cnnstruction of La Media Road and Olympic Parkway that was addressed m all Initial Stndy (IS//99 20) This grading conformed to tile Otay Ranch GDP and 563 Checklist doc '7 Prepared 6/7/02 Case No. IS-02-033 Resource Management Plan (RMP) and thus, the loss of 1.6 acres of grassland habitat was not considered significant. No indirect impacts to biological resources are anticipated. Mitigation: No mitigation measures are required. VIII. ENERGY AND MINERAL RESOURCES. siwinc~ot ~J~ sivan~ot no Would the proposal: a) Conflict with adopted energy conservation [] [] [] [] plans? b) Use non-renewable resources in a wasteful and [] r] [] [] inefficient manner? c) If the site is designated for mineral resource [] [] [] [] protection, will this project impact this protection? Comments: The proposed fire station does not conflict with the recently adopted CO2 Reduction Plan because curbs, gutters, and sidewalks constructed along Street "A" and La Media Road will provide for pedestrian circulation in the proposed project area. The proposed fire station will be required to comply with the energy requirements of the Uniform Building Code and, therefore, would not result in the use of non-renewable resources-in a wasteful and inefficient manner. No significant mineral resource will occur because the project site is outside of the mineral resource protection areas as defined in the City's General Plan. Mitigation: No mitigation measures are required. IX. HAZARDS. Would the proposal involve: vo~e,~i~ny sag,,mc~,~ ~ ~,~ a) A risk of accidental explosion or release of [] [] [] [] hazardous substances (including, but not limited to: petroleum prodncts, pesticides, chemicals, or radiation)? b) Possible interference with an emergency r] [] ~ [] response plan or emergency evacuation plan? c) 2he creation of any health hazard or potential [] [] [] [] health hazard? d) Exposure of people to existing sources of tn u [] [] poteutial health hazards'? e) Increased fire hazard in areas with flammable [] [] [] [] brush, grass, or trees? Comments: The prnposed fire station site will include above ground storage tanks (1,000 gl. of diesel and 500 gl. of gasoline) for operation of the emergency generator and fire engines. Emergency shutoff switches and a fire snppression system will be installed. Potentially significant hazard impacts could 563 Checklist.doc 8 Prepared 6/7/02 17-3¢ Case No. IS-02-033 occur if a leak occurred in either of the fuel tanks. Construction of the proposed fire station would not interfere with emergency response or evacuation plans. No flammable brush, grass, or trees are located in the area that would result in a significant fire hazard. Mitigation: Mitigation measures listed in Section XIX would reduce potential hazard impacts to a less than significant level. X. NOISE. Would the proposal result in: s~g,,mc~,,t tlnless sig~,inca,~ No a) Increases in existing noise levels? [] [] [] [] b) Exposure of people to severe noise levels? [] [] [] [] Comments: Heavy earth moving equipment may produce noise levels in excess of 70 dB(A) at a distance of 50 feet during the construction period of the proposed project. Construction noise is considered to be less than significant because (1) it is a short-term activity with intermittent periods of' noise generation, and (2) the area surrounding the extension of Street "A" and the fire station are vacant. Grading operations would occur between 7:00 a.m. and 5:00 p.m. Monday through Friday. Construction noise is exempt from the provisions of the City noise ordinance (see Municipal Code section 19.68.060). Consequently, noise associated with the grading operation would be regulated by conditions included in the approved grading permit. Noise associated with the operation of the proposed fire station would be comparable to other fire stations in the city. Fire sirens would be the most noticeable source of noise associated with the proposed fire stalion; however, such sirens are exempt from noise regulations (Municipal Code Section 19.68.060.A). Air conditioning equipment will be at ground level and in an enclosure. The emergency generator may produce a noise level or 85 dB at 80 feet without noise attenuation. The generator xvould be operated during power outages and for monthly testing. Monthly testing is normally conducted on Saturdays. Noise standards for the adjacent multi family residential area are set forth in Table I11 of Chapter 19.68 of the Municipal Code. The standards are as follows: 7 a.m. to 10 p.m. (weekdays)/8 a.m. to 10 p.m. (weekends) - 55 dB(A) 10 p.m. to 7 am. (weekdays)/10 p.m. to 8 a.m. (weekends) - 45 dB(A) The Village Two multi-family residential units planned for construction to the south and west of the proposed fire station could be significantly impacted by the emergency generator noise even though a six-foot high wall is also proposed to be constructed along the proposed fire station's southern and western site boundary. Mitigation: Mitigation measures listed in Section XIX would reduce noise impacts to a less than sig.nificant level 563 Checklist.doc 9 Prepared 6/7/02 /7 Case No. IS-02-033 Xl. PUBLIC SERVICES. Would the proposal have vot,~,uy Potentially Significant Less Ihan an effect upon, or result in a need for new or SignillcanlUnless Significant No altered government services in any of the following ~pa¢, Mmga~a ~wct ~,v~ct areas: a) Fire protection? tn [] tn [] b) Police protection? [] [] c~ [] c) Schools? In tn tn [] d) Maintenance of public facilities, including c] [] [] [] roads? e) Other governmental services? [] [] [] [] Comments: The Otay Ranch GDP requires the construction of a fire station to provide an adequate level of fire protection services to the surrouading area. No significant public service impacts would occur because the project would improve the level of fire services in the area, concurrent with the need for such services. Mitigation: No mitigation measures are required. Potentially XII. Thresholds. Will the proposal adversely impact Pot,.,iallyS~g,anc:,~tr,,, ~h,. the City's Threshold Standards ? SigaificanlU~le~s Significant NO AS described below, the proposed project does not adversely impact any of the seven Threshold Staudards. a) Fire/EMS [] [] [] [] The City's Threshold Standards requires that fire and medical nnits must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. Comments: Constmctiou of the proposed project would allow the City to meet the required level of service in the Otay Ranch area and no impacts to fire/EMS Threshold Standards are expected. Mitigation: No mitigation measures are require& b) Police tn [] t~ [] The City's Threshold Standards require that police units must respond to 84 % of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62% of the Priority I1 urgent calls throughout the City within 7 minutes and shall maintain an average response time to all Priority 11 calls of 7 minutes or less. Comments: According to the Chula Vista Police Department, the proposed project will not impact the current response times; consequently, tile proposed project would not result in a significant impact to the Police Threshold Standards. Mitigation: No mitigafiou measures are required. 563 Checklisl doc 10 Prepared 6/7/02 lT-q/ Case No. IS-02-033 c) Traffic ~ ~ [] ~ The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that LOS "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempt from this standard. Comments: The Engineering Division reports that LOS "C" would be met on Street "A" and La Media Road after the addition of traffic (100 ADT) projected to be generated by the proposed fire station. Consequently, the proposed fire station complies with this Threshold Standard. Mitigation: No mitigation measures are required. d) Parks/Recreation t3 tn [] [] The Threshold Standard for Parks and Recreation is 3-acres/1,000 population. Comments: The proposed fire station is not subject to the park pad obligation required per City Ordinance (refer to Municipal Code Chapter 17.10). The park and recreation threshold standard will not be impacted because the proposed fire station will not increase the demand for park and recreation services in the city. Mitigation: No mitigation measures are required. e) Drainage a r~ [] [] The City's Threshold Standards require that storm water flows and volumes not exceed City Engiueering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. Comments: The City Engineering Deparnnent reports that the project will be required to construct new onsite drainage facilities. The facilities will be shown on the first submittal of the project improvement and grading plans. These new facilities, and the off-site drainage facilities, will adequately serve the project and no significant impacts would occur. The proposed project would comply with the Threshold Standard for storm water flows. Mitigation: No mitigation measures are required. e) Sewer [] ri [] [] The City's Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. Comments: The City Engineering Department reports that the future sewer lines located in Street "A" and/or La Media Road will be adequate to serve the proposed fire station. No significant sewer facility impacts would result and the proposed fire station wonld comply with the Threshold Standard for sewer service, Mitigation: No mitigation measures are required. 563 Checklist tloc i 1 Prepared 6/7/02 Case No. IS-02-033 f) Water [] [] [] ~ The City's Threshold Standards require that adequate storage, treatment, and transmission facilities are conslructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. Applicants may also be required to participate in whatever water conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. Comments: The proposed fire station will be served by the water lines to be constructed in Street "A" or La Media Road. The proposed fire station can be adequately served by either water line. A decision as to which line to use will be made during the preparation of the grading and improvement plans. The proposed fire station would comply with the Threshold Standard for water service. Mitigation: No mitigation measures are required. XII1. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial aherations to the following utilities: a) Power or uamral gas? [] [] [] b) Communications systems? co co [] c) Local or regional water treatment or tn co distribution facilities? d) Sewer or septic tanks? [] [] [] [] e) Storm water drainage? [] f) Solid waste disposal? [] Co~nments: New utilities to be installed in Street "A" and La Media Road as part of the Village Two Otay Ranch project would serve the proposed fire station. Onsite drainage facilities will be constructed as approved on the project's improvement and grading plan. The proposed fire station is within the Otay Water District 711 Zone service area. The projected daily water demand is 3,348 gallons based on an average project demand of 2,232 gallons per day (gpd) per acre. Water service would be available from a 20-inch transmission main in La Media Road south of Olympic Parkway or a 12-inch line in Street "A." Either of these lines would meet lhe water service requirements of the proposed fire station, including fire flow requirements. The estimated hydraulic grade line in the 711 Zone system during a ~naximum day demand plus 1,500 gallons per minute (gpm) at the proposed fire station site is 665 feet. The residual pressure is 84 pounds per square-inch (psi); the minimum allowable pressure is 20 psi. Sewage flows from the proposed fire station will flow by gravity to the Poggi Canyon Interceptor in Olympic Parkway through the 12-inch gravity line in La Media Road or an 8-inch gravity line in Street "A" The Sewer Service Study for Village Two and Fire Station #7 indicates that either of these lines have sufficient capacity to serve the proposed fire station. Sewage generation from the proposed fire station has been calculated at 3,750 gallons per day (gpd) based on an average generation rate of 2,500 gpd/acre. The City Eagineering Department also reported that either sewer line would adequately serve the proposed fire station because it is rated at 13.4 Equivalent Dwelling Units (EDUs) and the Village Two sewer system has 4,276 EDU's of remaining capacity. Consequently no significant impacts would ncctlr 563 Checklisl doc 12 Prepared 6/7/02 Case No. IS-02-033 The projected surface runoff from the proposed fire station site is 5 cubic feet per second (cfs). The runoff would be conveyed to the Poggi Canyon Creek channel via the storm drain system installed for Village Two. The Poggi Canyon regional detentien facility has been designed to reduce the 100-year storm event flows to below the pre-developed 100-year peak flow condition. Pre-development and post- development calculations are contained in the Ma~ter Drainage Study for Poggi Canyon Creek and Wolf Canyon Creek Otay Ranch Village Two TM Study dated March 20, 2002. Consequently, development of the proposed fire station site would not result in significant storm water impacts. Mitigation: No mitigation measures are required. XIV. AESTI1ETICS. Would the proposal: ],o,~,t~ns sioinc~.t t~,th~ a) Obstruct any scenic vista or view open to the [] [] [] [] public or will the proposal result in the creation of an aesthetically offensive site 0pe.n to public view? b) Cause the destruction or ~nodiflcation of a [] [] [] [] scenic route? . . c) Have a demonstrable negative aesthetic effect? ~ [] [] [] d) Create added light or glare sources that could [] [] r~ [] increase the level of sky glow in an area or canse this project to fail to comply with Section 1966.100 of the Cbula Vista Municipal Code, Title 197 e) Reduce an additional amount of spill light? [] [] [] ~ Comments: The proposed fire station will not be visible from a designated scenic route. The proposed fire station will be located in an urbanizing area and would not obstruct a scenic vista or view. Implementation of City Code slandards would minimize light and glare produced by the design of the project. No adverse aesthetics impacts are anticipated. The site plan and building plans for the fire station will be approved by the Design Review Committee (DRC) prior [o construction. Mitigation: No mitigation measures are required. XV. CULTURAL RESOURCES. Would the a) Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? b) Will Ihe proposal result in adverse physica[or aesthetic effects to a prehistoric or historic building, structure, or object? 563 Checklisl doc I3 Prepared 6/7/02 / Case No. IS-02-033 c) Does the proposal have the potential to cause a ~ [~ [] [] physical change, which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or [] [] [] [] sacred uses within the potential impact area? e) Is the area identified on the City's General [] [] [] [] Plan EIR as an area of high potential for archeological resources? Comments: The Conservation and Open Space Element of the General Plan does not identify the project site or surrounding vicinity as an area of potential cultural resources. Previous investigations of the Village Two planning area indicate that no cultural resources have been recorded on the proposed project site. Monitoring of grading is not required as the site is very small and the potential to find unrecorded sites is unlikely. No significant cultural impacts would result. Mitigation: No mitigation measures are required. XVI. PALEONTOLOGICAL RESOURCES. Will the [] [] [] [] proposal result in the alteration of or the destruction of paleontological resources ? Comments: Previous grading in the Otay Ranch area has uncovered a wide variety of fossil remains and there is a possibility that fossils may be uncovered during the cut grading for the extension of Street "A." Potentially significant paleontological resource impacts could occur if fossils are uncovered during the grading operation. Mitigation: Mitigation measures listed in Section XIX would reduce potential paleontological impacts to a less than significant level. XVII. RECREATION. Would the proposal: eo~enaaay Signifi~,~ Le~ t~an Significant Unless Significant No Impact Mitigated Impart Impact a) Increase the demand for neighborhood or [] [] [] [] regional parks or other 'recreational facilities? b) Affect existing recreational opportunities? [] [] [] ~ c) Interfere with recreation parks & recreation [] [] [] [] plans or programs? Comments: The proposed project is consistent with the City's General Plan Parks and Recreation Element. The proposed facility does not increase the need for new parks or recreational facilities. No significant recreation impacts would occur. Mitigation: No mitigation measures are required. XVIII. MANDATORY FINDINGS OF ~'oten~iany Potentially Significant Less than SIGNIFICANCE: See Negative Declaration for Significant Unless Significant No mandatory findings of significance, lf an E[R is ~,,~ Mitigaled Impact Impact needed, this section should be completed. 563 Checklist.doc 14 Prepared 06/07/02 Case No. IS-02-033 a) Does the project have the potential to degrade [] [] [] [] the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: The site is highly disturbed and is located in an urbanizing area. 'No sensitive plant or animal resource impacts would occur. Mitigation: No mitigation measures are required. b) Does the project have the potential to achieve [] o [] ~ short4erm, to the disadvantage of long-term, enviromnental goals? Comments: rl]~e proposed project will not affect long-term environmental goals of the City because the project is consistent with the City of Chula Vista General Plan and the Draft Multiple Species Conservation Program Subarea Plan (dated October 9, 2000). The project site is designated for development, and the proposed project would not negatively affect long term environmental goals. Mitigntiou: No nfitigation measures are required. c) Does the project have impacts that are [] [] [] [] individually limited, but cumulatively ' - considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable furore projects.) Comments: The cmnulative effects of developing the entire Otay Ranch, including the proposed project (i.e., extension of Street "A" and Fire Station #7), were analyzed in the Otay Ranch General Development Plan (GDP) Program E1R 90-01. The construction of the proposed project at this time would not result in any significant cumnlative effects there were not considered in Program EIR 90-01. Mitigation: No mitigation measures are required. d) Does the project have environmental effects, [] u [] [] which will cause substantial adverse effects on human beings, either directly or indirectly? Cnmments: No significant effects on human beings are anticipated to result from approving the proposed project. 563 Checklisl doc 15 Prepared 6/7/02 / Case No. IS-02-033 Mitigation: No mitigation measures are required. XIX. PROJECT REVISIONS OR MITIGATION MEASURES: The following project revisions or mitigation measures have been incorporated into the project and will be implemented during the design, construction, and operation of the project: GEOPHYSICAL Erosion and Sedimentation 1. Prior to the issuance of a grading permit, a site-specific water quality report shall be submitted to the City Engineering Department that addresses all applicable regulations established by the U.S. Environmental Protection Agency (USEPA) as set forth in the Natural Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge arid any regulatious adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements. The site-specific water quality report will address pollutants of concern and implementation of Best Management Practices (BMPs). This study will to ensure that pollutants and runoff from the project will be reduced to the maximum extent practicable (MEP). Implementation of the recomrnended BMPs during and after construction would reduce erosion and sedimentation in the downstream storm drain syste~n to a less than significant level. The recommendations provided in the approved water quality report shall also be adopted as requirements of the proposed project. 2. The National Pollutant Discharge Elimination Systems (NPDES) Permit Order No. 2001-01 and Best Management Practices (BMPs) are required to be implemented during and after construction to prevent st-dimcntation and other pollutants flora entering the storm drain system. Short-term consmmtion erosion would be reduced to a less than significant level by the installation of temporary desilting and erosion control devices. These devices include desiring basins, berms, hay bales, slit fences, dikes, and shoring. Pollutants resulting from the use of the site as a fire station shall be reduced to a less than significant level through the installation of a flow-based catch basin and/or gross pollutant traps that capture and retain floatable, trash, debris, and fine sand. AIR Q_UAI ~I T Y Construction Related Emissions All unpaved construction areas shall be sprinkled with water or other acceptable dust control agents during dust-generating activities to reduce dust emissions. Additional watering or dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. 2. Trucks hauling dirt and debris shall be properly covered to reduce windblown dust and spills. A 20mille per-hour speed limit on unpaved surfaces in connection with the project shall be enforced. 4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce m-suspension of particnlate matter caused by vehicle movetnent. Approach routes to constmclion sites shall be cleaned daily of construction-related dirt in dry weather. 563 Checklisl doc 16 Prepared 6/7/02 / 7- z/7 Case No. IS-02-033 5. Onsite stockpiles o£ excavated material shall be covered or watered. Disturbed areas shall be hydroseeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. 7. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities. Catalytic reduction for gasoline-powered equipment shall be used. Also, construction equipment shall be equipped with prechamber diesel engines (or equivalent) together with proper maintenance HAZARDS Fuel Leaks The proposed fuels tanks shall be designed with the following specifications: 1. The above ground fuel tanks shall be designed with a double wall construction. 2~ The above ground fuel tanks shall be constructed within a containment basin having a capacity of 150 pcrceut of thc fuel tank capacity. NOISE ~mergency Generator 1. The emergency generator shall be enclosed in a masonry structure. The masonry wall shall be designed to reduce generator uoise to 45 dB(A) at adjacent property lines. PALEONTOLOGICAL RESOURCES Cut Grading 1. A qualified a paleontofugist will be retained to implement a paleontological monitoring and recovery program as a condition of the project construction contract. A qualified paleontologist is defined as an individual xvith and MS or Ph.D. in paleontology or geology that is a recognized expert in the identification and recovery of fossil materials. 2. The qualified paleontologist will attend the project pre-construction meeting to discuss project- grading plans with the project contractor(s). If the qualified paleontologist determines that proposed e×cavatio~ffgrading will likely cut into undisturbed portions of the underlying geologic formation, then monitoring xvill be conducted as outlined below. 3 ]tm project paleontologist or a paleontological monitor will be on-site during original cutting of the underlying geologic formation. A paleontological monitor is defined as an individual who has experience ~n colleclion and salvage of fossil materials, and who is working under the direction of a qualilqed paleontologist. Monitoring of the noted geologic units will be at least half time at the beginning or'excavation, and will be either increased or decreased depending on initial results (per direction by the project paleontologist) 4. In the event that welbpreserved fossils are discovered, the project paleontologist will have the attthor~ty to temporarily halt or redirect cunstruction activities in the discovery area to allow recovery m a timely manner (typically on the order of 1 hour to 2 days) All collected fossil remains will be 563 Checklist doc 17 Prepared 6/7/02 Case No. IS-02-033 , cleaned, sorted and catalogued, and deposited in an appropriated scientific institution such as the San Diego Museum of Natural History. 5. A report (with a map showing fossil site locations) summarizing the result, analyses and conclusions of the above described monitoring/recovery program will be submitted to the City of Chula Vista Planning Department within three months of terminating monitoring activities. XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this [Mitigated] Negative Declaration with [h'e County Clerk shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval and that Applicant(s) and/or Operator(s) shall apply for an Environmental Impact Report. Printed lqame aud Title o~ Applicant or Agent S~gnatu~e of Apphcant o{ Agent Date 563 Checklist.doc 18 Prepared 6/7/02 Case No. IS-02-033 XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Signifi6ant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the preceding pages. [] Land Use and Planning [] Transportation/Circulation [] Public Services [] Population and Housing [] Biological Resources [] Utilities and Service Systems · Geophysical [] Energy and Mineral. Resources [] Aesthetics · Water · Hazards [] Cultural Resources · Air Quality · Noise [] Recreation [] Mandatory Findings of Significance XXII. DETERMINATION: On the basis of this initial evaluation: I find that The proposed project COULD NOT have a significant effect on the [] environment, and a NEGATIVE DECLARATION will be prepared. 1 find that although The proposed project could have a significant effect on the · environment, there will not be a significant effect in this case because the mitigation measmes described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that The proposed project MAY have a significant effect on the environment, and [] an ENVIRONMENTAL IMPACT REPORT is required. I find that The proposed prnject MAY have a significant etfect(s) on the environment, [] but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by ~nitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially' significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although The proposed project could have a significant effect on the environment, [] the~ e WILL NOT be a significant effect in this case becanse all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuaot to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon The proposed project. An addendum has been prepared to provide a record of this determination. Environmental Review Coordinator City of Chula Vista 563 Checkllst.doc 19 Prepared 6/7/02 ATTACHMENT "A" Mitigation Monitoring Reporting Program (MMRP) Fire Station #7, Chula Vista~ IS-02-033 This Mitigation Monitoring Reporting Program has been prepared by the City of Chula Vista in conjunction with the proposed Fire Station //7 project and extension of Street "A' (IS4)2-033). The proposed project has been evaluated in an Initial Study/Mitigated Negative Declaration (IS/MND) prepared in accordance with the California Environmental Quality Act (CEQA) and City/State CEQA guidelines. The legislation requires public agencies to ensure that adequate mitigation measures are implemented and monitored for Mitigated Negative Declarations, such as IS-02-033. AB 3180 requires monitoring of potentially significant and/or significant environmental impacts. The Mitigation Monitoring Reporting Program for this project ensures adequate implementation of mitigation fur the following potential impacts(s): Geophysical 2. Water 3. Air Quality 4. Hazards 5. Paleontological Resources MONITORING PROGRAM Doe to the nature of thc environmental issues ideotified, the Mitigation Compliance Coordinator shall be the Environmental Review Comdinator for the City of Chula Vista. The applicant shall be responsible to ensure that the conditions of the Mitigation Monitoring Reporting Program are met to the satisfaction of the Environmental Review Coordinator. Evidence in written form confirming compliance with the mitigation measures specified in MND/IS 02 033 shall be provided by the applicant to the Environmental Review Coordinator. The Environmental Review Coordinator will thus provide the ultimate verification that the m~tigation measures have been accomplished. Table 1, Mitigation Monitoring and Reporting Checklist, lists the mitigation measures listed in Section E, Mitigation Necessary to Avoid Significant Effects, of the Mitigated Negative Declaration, which will be implemented as part of the project. In order to determine if the applicant has implemented the measure, the method and timing of verification are identified, along with the City department or agency responsible for monitoring/verifying that the applicant has completed each mitigation measure. Space for the signature of the verifying person and the date of inspection is provided in the last column. / 7---5'/ <! --- ... <:. ( ) E .c () '" ... ... <! f-< en .... ~ u ¡.:¡ :I: U 2! ~ 0 0 »:: "'" 0 Z .... f-< »:: - 0 ¡.¡ "'" ...¡ ¡;j ~ ~ ¡::¡ f-< 7- ~ 0 z .... »:: 0 f-< - Z 0 2! z 0 .... f-< < 0 .... '" f-< ... .... - !/) ¿ :> '" ::> .c U ...... 'tt c 0 ... '" ... (/ Q) ... U. M M 0 . 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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CITY OF CHULA VISTA ZONING MAP ESTABLISHED BY CHAPTER 19, SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE BY REZONING 1.62 ACRES OF LAND IN OTAY RANCH VILLAGE TWO FROM THE PLANNED COMMUNITY (PC) ZONE TO PUBLIC/QUASI-PUBLIC (P- Q) ZONE FOR THE PURPOSE TO CONSTRUCT A FIRE STATION (FIRE STATION NO.7). I. RECITALS WHEREAS, the property which is the subject matter of this resolution are identified and described on Exhibit "A" and "B" attached hereto and is commonly known as Fire Station No.7 site at Otay Ranch, Village Two ("Property"); and, WHEREAS, an application (PCZ-02-04) to rezone 1 _62 acres ofland in Otay Ranch Village Two was filed with the City ofChula Vista Planning and Building Department on February 14,2002 by the City ofChula Vista and The Otay Ranch Company ("Applicant"); and, WHEREAS, the application requests to rezone 1.62 acres of land in Otay Ranch Village Two ("Project") and amend the City ofChula Vista Zoning Map to reflect said amendment and is identified hereto as Exhibit "C"; and, WHEREAS, the City ofChula Vista Zoning Map would be amended to reflect the rezoning of a 1.62-acre parcel in Otay Ranch Village Two trom the Planned Community (PC) Zone to Public/Quasi-Public (P-Q) Zone for the purpose to construct a 12,000 square-foot Fire Station (City ofChula Vista Fire Station No.7) as a necessary public facility for the Otay Ranch development and the City of Chula Vista; and, WHEREAS, the development of the Property has been the subject matter of a General Development Plan previously approved by the City Council on October 28, 1993, wherein the City Council, adopted the original Otay Ranch General Development Plan Program Environmental Impact Report 90-01 ("EIR 90-01 "); and, WHEREAS, the City's Environmental Review Coordinator conducted an Initial Study (IS- 02-033) for this application and concluded that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been incorporated into the proje~t. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, identified as Exhibit "C", attached to Resolution No. were prepared which must be considered by the City Council prior to a decision on the project; and, /7-55" Ordinance No. Page 2 WHEREAS, the City Council finds that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-033) has been prepared in accordance with the requirements ofthe California Environmental Quality Act (CEQA), and the Environmental Review Procedures of the City ofChula Vista; and, WHEREAS, the City Council finds that the Project environmental impacts will be mitigated by adoption of the Mitigation Measures described in the Mitigated Negative Declaration, and contained in the Mitigation Monitoring and Reporting Program, and that the Mitigation Monitoring and Reporting Program is designed to ensure that during Project implementation, the permittee/Project applicant, and any other responsible parties implement the project components and comply with the mitigation Monitoring Program; and, WHEREAS, the Otay Ranch General Development Plan policies for Fire Protection and Emergency Services Facilities are intended to ensure that the Otay Ranch Village Two area is planned in accordance with the Otay Ranch General Development Plan (GDP), to implement the City ofChula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long- term phased development ofthe Otay Ranch GDP and to establish conditions which will enable the Project to exist in hannony within the community; and, WHEREAS, the City ofChula Vista Zoning Map was established pursuant to Title 19 ofthe Chula Vista Municipal Code, specifically Chapter 19.18.010, and is applicable to the Otay Ranch GDP land area; and, WHEREAS, Chapter 19.47 Public/Quasi-Public (P-Q) Zone permits Fire Stations as an approved land use and are applicable to the Otay Ranch Village Two area; and, WHEREAS, the Planning Commission set the time and place for a public hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet ofthe exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely 6:00 p.m_, August 14, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, by a vote of7-0-0 the Planning Commission approved the project; and, WHEREAS, the City Council set the time and place for a public hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, /7-5b Ordinance No_ Page 3 WHEREAS, a duly noticed public hearing was scheduled before the City Council ofthe City ofChula Vista on the Project and adopting the Ordinance to approve the amendment ofthe City of Chula Vista Zoning Map; and, The City Council of the City of Chula Vista does ordain as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on August 14,2002, and the minutes and resolutions resulting thererrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. III. ACTION The City Council hereby adopts an Ordinance to amend the City ofChula Vista Zoning Map established by Chapter 19, Section 19_ 18_01 0 ofthe Chula Vista Municipal Code by rezoning 1.62 acres of land in Otay Ranch Village Two rrom the Planned Community (PC) Zone to Public/Quasi-Public (P-Q) Zone for the purpose to construct a 12,000 square-foot Fire Station (City of Chula Vista Fire Station No_ 7) as a necessary public facility for the Otay Ranch development and the City ofChula Vista finding it consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, the City ofChula Vista 1997 Updated Fire Station Master Plan and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-033) has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures ofthe City of Chula Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-02-033). V. APPROVAL OF AMENDMENT TO CITY OF CHULA VISTA ZONING MAP The City Council does hereby approve the Proj ect subj ect to the findings set forth in Section IX listed in Resolution No_ and based upon the findings and detenninations on the record for this Project. VI. EFFECTIVE DATE /7~'5 7 Ordinance No. Page 4 This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption Presented by: Approved as to form by: Robert A Leiter, AICP Director of Planning and Building .J:\auorrle,\'\onlinaß{'C\F'in' Station 7 17~5g ~~ - ·CITY OF CHL....A VISTA FIRE DEPARTk~NT STATION OTAY RANCH VIllAGE 2 '0 o R '- w ~ o V) E'LY BOY PARCEL 'f de 4336' RADIUS CURVE PCR PM 18789 ~ ~ I ~ INDICATf:S PROPOSED FIRE STATION SITE. 1.62 ACRES [I,M ~. ( ) ~ d d = ?:> INDICATES RECORD DATA PER PM 18789 ¿s <S2J ~ ~ @S ~ ~ I? © II HUNSAKER & ASSOCIA TIS t ... I't D J I C; O. 1" C. F\A~""" 10179 ~~~ ~ tNaN[£P,I/'lG !.M¡ D.\t-orcI. ú mn ~'..Jk"'['Jj~ fHIJ56)S~O- ~(!:.b}>se.1j'. R"\Ø'oe~\LÞ ,-,... -"" .w1.-., I:Q I J-'~ \, 64' \ 6', .~~ ~ ~ ~ \ PARCEL \ pM , ';0 o ~ ~ -;Q C> " C) V) <') 2.. . 266_33' n' / 76'~0'25 £ . '14"£ (f!]¡ N tJ 81 22 --- ~ ---- --- P A FJ C := L LJ P J\;J) 87 B 8 17-61 \ \ i -J8789 @ Itcr 80r PAR C89 ~ ;091,14') ~ '4 o£ _ = (1'1 7¡'~'~~4~ gJ - S'f~pos£D) ___ ~ ( pR°.s::::-- poo,c'r \ \ \ TP.D.B. ¿s © cg ~ @'; PAF\C:=L 3 PM \-J8788 ~ ~ P © £Ir BDr PAR ~ \ PM 18789 \ \ \ \ TDTRL P. ¡;;~ EXHIBIT "A" ~. ~. EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 18789, IN THE CITY OF CHULA VISTA, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON SEPTEMBER 7. 2001, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN ANGLE POINT ON THE EASTERLY BOUNDARY OF SAID PARCEL 4 BEING THE WESTERLY TERMINUS OF THAT COURSE ON THE BOUNDARY OF PARCEL 1 OF SAID PARCEL MAP NO. 18789 DEPICTED ON SHEET 3 OF SAID PARCEL MAP NO. 18789 AS N 71°57'24' E, 1091.24', SAID POINT ALSO BEING THE SOUTHERLY TERMINUS OF A 4336.00 FOOT RADIUS CURVE CONCAVE WESTERLY AS DEPICTED ON SAIO PARCEL MAP NO, 18789, A RADIAL BEARING OF SAID CURVE BEARS NORTH 77°19'04" EAST (RECORD N 77°18'51" E PER SAID PARCEL MAP NO. 18789) TO SAID POINT, SAID 4336.00 FOOT RADIUS CURVE BEING THE PROPOSED WESTERLY RIGHT OF WAY OF LA MEDIA ROAD WITHIN OTAY RANCH VILLAGES 2 AND 6; THENCE SOUTHERLY ALONG THE ARC OF THE SOUTHERLY CONTINUATION OF SAID 4336.00 FOOT RADIUS CURVE AND SAID PROPOSED WESTERLY RIGHT OF WAY OF LA MEDIA ROAD THROUGH A CENTRAL ANGLE OF 00"52'26",66.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG THE ARC OF SAID 4336.00 FOOT RADIUS AND SAID PROPOSED WESTERLY RIGHT OF WAY OF LA MEDIA ROAD THROUGH A CENTRAL ANGLE OF 03"10'44", 240.58 I=EET; THENCE LEAVING SAID PROPOSED WESTERLY RIGHT OF WAY OF LA MEDIA ROAD NON-TANGENT TO SAID CURVE SOUTH 76°40'26" WEST, 266.33 FEET; THENCE NORTH 12"45'05" WEST, 260.28 FEET TO A POINT ON THE PROPOSED SOUTHERLY RIGHT OF WAY OF SANTA VENETIA STREET WITHIN OTAY RANCH VILLAGE 2; THENCE ALONG SAID PROPOSED SOUTHERLY RIGHT OF WAY OF SANTA VENETIA STREET NORTH 77°14'55" EAST, 258.95 FEET; THENCE CONTINUING ALONG SAID PROPOSED PAGE 1 OF 2 :DV M'\OO2S\294\Leçal De:9crlpt\cn3\.A02 Fire StatJen Sits.l1oc wa 25-2004 2Jß.lD2 EXHIBIT "B" /7-/'0 soUTHERLY RIGHT OF WAY OF SANTA VE~N]ETIA S-rREET sOUTH S8"53'23" EAST. 24.96 FEET TO THE TRUE POINT OF BEGINNING. CONITAINS 1.62 ACRES MORE OR LESS. DAVID W. AMBLER, L,S_ 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC_ PAGE 2 OF 2 / ~ ~ '~ PJq 18789 CASE NUMBER: PCZ- 02- 0~ ON,LA VISTA PLANNIN~ & B~IL~IN6 ~EP~T~ENT AC~G~: 1 .~2 ] HEREBY CERTI~ THAT THIS ZONING ~P WAS APPROVED AS A PART OF ORDINANCE NO SC~E BY THE CI~ COUNCIL ON DA~: AUGUST 8, 2002 c~w OLERK DATE ZONI G MAP COUNCIL AGENDA STATEMENT Item / ~ Meeting Date: 9/10/02 ITEM TITLE: Resolution Appropriating funds from the unappropriated balance of the Transportation Development Impact Fee Fund, accepting bids and awarding contract for the "Street Widening - East "H" Street, South side, East and West of 1-805 NB Ramps in the City of Chula Vista, California (STM-340)" Project. SUBMITTED BY: Director of Public Works ~ City Manager ~V'~' (4/Sths Vote: Yes X No ) REVIEWED BY: On August 21, 2002, the Director of Public Works received sealed bids for the "Street Widening - East "H" Street, South side, East and West of 1-805 NB Ramps in the City of Chula Vista, California (STM-340)' Project. The work to be done consists of street widening on the south side of East "H" Street, east and west of 1-805 north bound ramps, related traffic signal work, and replacing asphalt concrete improvements on center raised island median with decorative stamped concrete. The work also includes all labor, material, equipment, transportation, protection and restoration of existing improvements and traffic control necessary for the project as shown on the drawings. RECOMMENDATION: That Council appropriate $108,153.12 from the unappropriated balance of the Transportation Development Impact Fee Fund, accept bids and award the contract for the "Street Widening - East "H" Street, South side, East and West of 1-805 NB Ramps in the City of Chula Vista, California (STM-340)" to Heftier Company, Inc. of National City, California, in the amount of $206,153.12. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The existing interchange configuration at 1-805 and East "H" Street is in need of a third lane to facilitate smoother traffic flow along East "H" Street. Providing street widening at this segment, will increase capacity to a more acceptable level of service. At the City Council meeting on Tuesday, May 7, 2002, City Council approved Resolution 2002- 138, which appropriated $160,000.00 of Transportation Development Impact Fee funds for the creation of CIP project STM-340 (2402340591). See attached copy of the CiP Detail Sheet STM-340 as attachment A. Engineering staff received and opened bids for the project on August 21, 2002. Page 2, Item ] ~ Meeting Date: 9/10/02 The City received bids from six contractors as follows: CONTRACTOR BID AMOUNT 1. Heftier Company, Inc., National City, California $206,153.12 2. 3-D Enterprises, San Diego, California $216,015.00 3. Kirk Paving, Inc., Lakeside, California $241,664.50 4. MJC Construction, Chula Vista, California $245,005.00 5. HMS Construction, San Marcos, California $252,539.19 6. Scheidel Contracting & Engineering, Inc., La Mesa, California $291,656.00 The Iow bid by Heftier Company, Inc. is below the Engineer's estimate of $244,375.00 by $38,221.88 or approximately 16%. Stafi's bid estimate was based on average prices for similar type of work completed during the last three years. The CIP shows this project with a total cost of $160,000.00. The increase in cost is due primarily to the following items which were required by CalTrans as a condition of obtaining a permit: 1. The extra traffic control devices and striping changes required for work within the Caltrans right-of-way in order to keep through traffic delays to a minimum. 2. The requirement that some of the work be done during the night instead of during normal daytime working hours. 3. The additional work and new specifications related to the traffic signal modification. 4. The removal of the asphalt concrete raised median and replacement with decorative stamped concrete. 5. The addition of one new duaI-luminaire street light standard on the raised median island. Engineering staff has verified the references provided by the contractor and their work has been satisfactory. The Contractor's License No. 455145 is current and active. Heffier Company, Inc. has also done several C1P projects for the City and its work has been satisfactory. Staff has reviewed the low bid and recommends awarding the contract for $206,153.12 to Heftier Company, Inc. of National City, California. Disclosure Statement Attached is a copy of the contractor's Disclosure Statement as Attachment B. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class 1 (c) (Existing Facilities) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Page 3, Item [ '(5 Meeting Date: 9/10/02 Wage Statement The source of funding for this project is TRANSDIF Funds. Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this contract. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various minority trade publications. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Award Amount (Heffier Company, Inc.) $206,153.12 B. Contingencies (approximately 15%) $31,000.00 C. Staff Costs (Design, Survey & Inspection) $31,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $268,153.12 FUNDS AVAILABLE FOR CONSTRUCTION A. TRANSDIF $160,000.00 B. Appropriate Funds from un-appropriated balance of TRANSDIF $108,153.12 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $268,153.12 Upon completion of the project, only routine maintenance will be required. Attachment: A CIP Detail Sheet STM-340 B - Contractor's Disclosure Statement J:\ENGINEER~AGENDA\STM340-A 113 -CM.DOC SEP 05 2002 ll:O1RM HP LRSERJET 3200 C9/04/2002 ll:SB F~ I$193~78250 CZTY 0P C¥ THE CITY OF CI. iULA VISTA DISCLOSUIL~ STATEMENT Puzsuarit to Council Policy 1014)1, P~or to any actiOn upon rrm~lers which will require discrefi action by l~e Council, l'larminl~ Commission ~nd all other official bodies of the City, a siateme mt of giscl0s~Lre of certain ow~l~rship or financial in, crests, payments, or campai~ contributions ~or a C: , of Chula Vista election n~t t~ filed. Th~ following information must be disclosed: 1. List thc na~nce of all lX:rio0s having a financial kqte~r~t in the property that is the subjecl application or tJ~ conira~i:, ¢.$., owner, applican~ ¢onlzlctor, stib¢ontractor, malarial 2. If~my per,on* idemifled pursuazn 1o (1) abo~ is ~di~d~ls w~ih a S1000 invcs~ent ~ the bus'ss 3. If any p~son* id~fiod P~s~nt to (1) ab°v~ ts a n°n~mfit °rS~fi°n °r ~st' list ~e ~ '~s of any ~s~ s~ing as di~r of ~e non-profit org~i~tinn or as ~sl~c at benefioi~ ~ or ~ of ~e ~t. Please idcniiflr ev~r.y' pcrsom, including any agents~ employees, cor~ml~z~Ls, or inde!~ intent con~a¢lors you l~av¢ assign¢cl to rcl~'escn! yOtL before thc City in this matter. p.+a;~K A. ~,..,:~-l.~. ........ 17 J:~En gineer'~AOMI NICONTRAC'7~iTM 340C M.O OC SEP 05 2002 ll:O1R~I HP LRSERJET 3200 p.3 09/04/2002 11:~9 FAX 161935?6250 CITY OF CV 1~003 I-ta~ any Der*on* as~o~i~d with this con. ct h~d ~.ny ~m~oal dealm~ ~t~ ~ offima~* of~ C~ of ~ule ~ ~s~ ~ ~ c}~tes to t~s conic p / I If Yes, briefly desc~he t~¢ nature of thc finch, iai interest the official** may have in tins cc aaact. 6 Have you made a conlribut~on of more ~han $250 within t~h$ past twelve (12) monfixs to a ;~amt member of thc ([2hula ¥isla City Council? Yes No ~ If Yes, wi.ich Council mci abor? 7. Have you or ally member of your governing board (i.e. Coq~Oratc Board of Directora/F_.xe~ utiv¢~, non-profit Board of Directors made contributions totaling more than $1,000 over be past t Otw years to a cun'ent rr~:mh~ of the Chula Vista City Council? Yes___.No "2~'.~If Yes, which Council member? g. Hav~ you l~'ovided more than $300 (or a~ item of equi'v~lcn! value) to ~ official*'" ofl~, Ci~ of Ch~a Vii~ in the pa~t ~l~e (12) m~ths? (~i~ ~cludes ~mg a ~o~,e of raceme, m }ney m r~c a legal'debt, ~, 1o~, elm) Y~ No ~ If Yes, w~ch official** ~d W ~t w~ ~ ~rc of it~ pro~ded? .... Print or ~e name of Con~ctor/Applic~ · Pemon is ~Cmcd as; any indimduol, ~, co~hip, joint v~e, association, soc club, dis~ct or other political mbdi~*ion, -or ~y other ~oup or comb~a~on a~ng a~ a ~it, · * Official inolude~, but is not l[~tcd to; Mayor, Co~cil ~mber, Pla~ing Co~ ~ione~, Mmb~ of a bo~ co~ssio~, or co~ittcc of thc Ci~, employee, or staff m~b~s 18 j:[E nglneefV~DMII~CON'r'RAC'BSTM3'4 0C M,D OC RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE UNAPPROPRIATED BALANCE OF THE TRANSPORTATION DEVELOPMENT IMP ACT FEE FUND, ACCEPTING BIDS, AND AWARDING CONTRACT FOR THE "STREET WIDENING - EAST "H" STREET, SOUTH SIDE, EAST AND WEST OF 1-805 NB RAMPS IN THE CITY OF CHULA VISTA, CALIFORNIA (STM-340)" PROJECT WHEREAS, on August 21, 2002, the Director of Building and Park Construction received the following six sealed bids for the "Street Widening - East "H" Street, South side, East and West ofI-805 NB Ramps in the City ofChula Vista, California (STM-340) Project: CONTRACTOR BID AMOUNT 1. Heffler Company, Inc., National City, California $206,153.12 2. 3-D Enterprises, San Diego, California $216,015.00 3. Kirk Paving, Inc., Lakeside, California $241,664.50 4. MJC Construction, Chula Vista, California $245,005.00 5. HMS Construction, San Marcos, California $252,539.19 6. Scheidel Contracting & Engineering, Inc., La Mesa, California $291,656.00 WHEREAS, the low bid by Heffler Company, Inc. is below the Engineer's estimate of $244,375.00 by $38,221.88 or approximately 16%; and WHEREAS, Engineering staff has verified the references provided by the contractor and their work has been satisfactory, therefore, staff recommends awarding the contract for $206,153.12 to Heffler Company, Inc. of National City, California; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class 1 (c) (Existing Facilities) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures); and WHEREAS, the source of funding for this project is DIFTRANS Funds, therefore, contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $108,153.12 trom the unappropriated balance of the Transportation Development Impact Fee Fund. /2-7 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby accept the bids and award the contract for the Street Widening - East "H" Street, south side, east and west ofI-805 NB ramps in the City ofChula Vista, California (STM-340)" Project. to Heffler Company, Inc. of National City, California, in the amount of$206,153.12. BE IT FURTHER RESOLVED that the Mayor of the City of Chu1a Vista is hereby authorized to execute the contract on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt Director of Public Works U~7.fl&- John M. Kaheny City Attorney J:\attomey\reso\ H Street bid /6-2 2