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2019-04-16 Agenda Packet
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`/,3a! #!</\\$+/<!-+</ !&/,3$(+!4N=VU!(\\!3*/! !=/>$.'/8 /% +!?'%$7 : " %$\\( +$ !K+7$ (+./+3 %!b- %$3 !C,3!&3 3/!6-$</%$+/#c!3*/ /\\( /'!:- #- +3!3(! &3 3/!6-$</%$+/#!&/,3$(+!4NMWM\],^\]=^!+(!/+7$ (+./+3 %! /7$/F!$#! /d-$ /<5 "(-+,$%! <(:3!3*/!( <$+ +,/5 !6 7'88 /0 0!97%$'/: #$%&!'(!#)*+ !,$-% .$/% 0!'/!12""234"5 !3! 2019-04-16 Agenda Packet Page 2 of 197 !" #&.0 '+,-./(+B3 '";6 "4<;: TP 4L1M9=? 4L1M9=?GB2JOCO"K!GI!H@K!"JHS!GI!"@QPC!TJ&HC!C22JO6! "@C;HKB&!=5WM!CO2!=5W4!HG!H@K!"@QPC!TJ&HC! QOJ"J;CP!"G2K!BKPCHJO6!HG!"G QOJHS!IC"JPJHJK&! 2J&HBJ"H&!6KOKBCPPS!CO2!H@K!ECSIBGOH!;BG)K"H! &;K"JCP!HCZ!IJOCO"JO6!2J&HBJ"H!\]&K"GO2!BKC2JO6! CO2!C2G;HJGO^ 2/7/%(:./+3!&/ 7$,/#!2/: 3./+3 !; < .%8 /%: H*/! ,3$7$3 !$#!+(3! !\[; (`/,3\[! #!</\\$+/<!-+</ !&/,3$(+!4N=VU!(\\!3*/! !=/>$.'/8 /% +!?'%$7 : " %$\\( +$ !K+7$ (+./+3 %!b- %$3 !C,3!&3 3/!6-$</%$+/#c!3*/ /\\( /'!:- #- +3!3(! &3 3/!6-$</%$+/#!&/,3$(+!4NMWM\],^\]=^!+(!/+7$ (+./+3 %! /7$/F!$#! /d-$ /<5 "(-+,$%! <(:3!3*/!( <$+ +,/5 !6 7'88 /0 0!97%$'/: 7P 4U1M9VN 4U1M9VN BK&GPQHJGO!GI!H@K!"JHS!"GQO"JP!GI!H@K!"JHS!GI! "@QPC!TJ&HC!C""K;HJO6!EJ2&c!CRCB2JO6!H@K! "GOHBC"H!IGB!H@K!C2TKBHJ&K KOH!GI!H@K! _&HBKKH!;CTK KOH!BK@CE!;@C&K!JJ!1! KC&QBK!;! \]"J;e!&HPM?=M^a!;BG)K"H!HG!KC6PK!;CTJO6! "G ;COS'!JO"5'!2GJO6!EQ&JOK&&!C&!HGBG! KO6JOKKBJO6'!JO!H@K!C GQOH!GI!fU'LVV'=V459Wc! C KO2JO6!H@K!JOIBC&HBQ"HQBK'!IC"JPJHJK&'!CO2! KbQJ; KOH!KZ;KO2JHQBK!;PCOc!CO2! CDJO6! TCBJGQ&!C KO2 KOH&!HG!H@K!IJ&"CP!SKCB!9M4UX4L! G;KBCHJO6!CO2!"J;!;BG6BC !EQ26KH&!CO2! C;;BG;BJCHJO6!IQO2&!H@KBKIGB!\]?XN!TGHK! BKbQJBK2^ K+A$+// $+A!2/: 3./+3 !; < .%8 /%: !=/>$.'/8 /% +!?'%$7 : H*/!; (`/,3!d- %$\\$/#!\\( ! !"% ##!4!" 3/A( $, %!Kg/.:3$(+!:- #- +3!3(! &/,3$(+!4N=M4\],^!\]Kg$#3$+A!I ,$%$3$/#^!(\\!3*/!" %$\\( +$ !K+7$ (+./+3 %! b- %$3 !C,3!&3 3/!6-$</%$+/#5 "(-+,$%! <(:3!3*/! /#(%-3$(+5 !6 7'88 /0 0!97%$'/: =P 4L1MMNW 4L1MMNWBK&GPQHJGO!GI!H@K!"JHS!"GQO"JP!GI!H@K!"JHS!GI! "@QPC!TJ&HC!C2G;HJO6!C!PJ&H!GI!;BG)K"H&!IGB! IJ&"CP!SKCB!9M4LX9M!IQO2K2!ES!&E!4h!H@K!BGC2! BK;CJB!CO2!C""GQOHCEJPJHS!C"H!GI!9M4V!\]B BC^ K+A$+// $+A!2/: 3./+3 !; < .%8 /%: !=/>$.'/8 /% +!?'%$7 :H*/!; (`/,3!d- %$\\$/#!\\( ! !"% ##!4!" 3/A( $, %!Kg/.:3$(+!:- #- +3!3(! &/,3$(+!4N=M4!\]Kg$#3$+A!I ,$%$3$/#^!(\\!3*/!" %$\\( +$ !K+7$ (+./+3 %! b- %$3 !C,3!&3 3/!6-$</%$+/#5 "(-+,$%! <(:3!3*/! /#(%-3$(+5 !6 7'88 /0 0!97%$'/: #$%&!'(!#)*+ !,$-% .$/% 0!'/!12""234"5 !@! 2019-04-16 Agenda Packet Page 3 of 197 !" #&.0 '+,-./(+B3 '";6 "4<;: 6P 4L1M94V 4L1M94VBK&GPQHJGO!GI!H@K!"JHS!"GQO"JP!GI!H@K!"JHS!GI! "@QPC!TJ&HC!C;;BGTJO6!CO!C6BKK KOH!EKHRKKO! H@K!&CO!2JK6G!QOJIJK2!;GBH!2J&HBJ"H'!H@K!"JHS!GI! "@QPC!TJ&HC!CO2!"GPCOHQGOG'!@J6@& JH@!i! R@CHPKS'!;5"5!IGB!PK6CP!&KBTJ"K&!JO!"GOOK"HJGO! RJH@!H@K!ECSIBGOH!@GHKPX"GOTKOHJGO!"KOHKB! ;BG)K"H "$3 !C33( +/ !; < .%8 /%: !=/>$.'/8 /% +!?'%$7 : H*/! ,3$7$3 !$#!+(3! !_; (`/,3a! #!</\\$+/<!-+</ !&/,3$(+!4N=VU!(\\!3*/! " %$\\( +$ !K+7$ (+./+3 %!b- %$3 !C,3!&3 3/!6-$</%$+/#c!3*/ /\\( /'! :- #- +3!3(!&3 3/!6-$</%$+/#!&/,3$(+!4NMWM\],^\]=^!+(!/+7$ (+./+3 %! /7$/F!$#! /d-$ /<5 "(-+,$%! <(:3!3*/! /#(%-3$(+5 !6 7'88 /0 0!97%$'/: 5P 4L1M9=W 4L1M9=W BK&GPQHJGO!GI!H@K!"JHS!"GQO"JP!GI!H@K!"JHS!GI! "@QPC!TJ&HC!C;;BGTJO6!H@K!;QB"@C&K!GI!H@BKK! HS;K!TJ!&bQC2!BK&;GO&K!C;;CBCHQ&!IBG ! K KB6KO"S!TK@J"PK!6BGQ;'!JO"5!JO!CO!C GQOH! OGH1HG1KZ"KK2!fWLW'WM9 I$ /!2/: 3./+3 !; < .%8 /%: !=/>$.'/8 /% +!?'%$7 :H*/! ,3$7$3 !$#!+(3! !_; (`/,3a! #!</\\$+/<!-+</ !&/,3$(+!4N=VU!(\\!3*/! " %$\\( +$ !K+7$ (+./+3 %!b- %$3 !C,3!&3 3/!6-$</%$+/#c!3*/ /\\( /'! :- #- +3!3(!&3 3/!6-$</%$+/#!&/,3$(+!4NMWM\],^\]=^!+(!/+7$ (+./+3 %! /7$/F!$#! /d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genda Packet Page 4 of 197 !" #&.0 '+,-./(+B3 '";6 "4<;: UP 4L1M4VN 4L1M4VN"GO&J2KBCHJGO!GI!C""K;HCO"K!GI!C!BK;GBH! BK6CB2JO6!9M4LX9M9M!IQO2JO6!BKbQK&H&!CO2! BK"G KO2CHJGO&!IGB!H@K!@GQ&JO6!CO2!QBECO! 2KTKPG; KOH!\]@Q2^!IK2KBCP!6BCOH!;BG6BC &! \]"G QOJHS!2KTKPG; KOH!EPG"D!6BCOH'!@G K! JOTK&H KOH!;CBHOKB&@J;&!C"H'!CO2!K KB6KO"S! &GPQHJGO&!6BCOH^ 2/7/%(:./+3!&/ 7$,/#!2/: 3./+3 !; < .%8 /%: !=/>$.'/8 /% +!?'%$7 : H*/! ,3$7$3 !$#!+(3! !_; (`/,3a! #!</\\$+/<!-+</ !&/,3$(+!4N=VU!(\\!3*/! " %$\\( +$ !K+7$ (+./+3 %!b- %$3 !C,3!&3 3/!6-$</%$+/#c!3*/ /\\( /'! :- #- +3!3(!&3 3/!6-$</%$+/#!&/,3$(+!4NMWM\],^\]=^!+(!/+7$ (+./+3 %! /7$/F!$#! /d-$ /<5!Q+</ !OK;C'!3*/! ,3$7$3 !$#!/g/.:3!:- #- +3!3(!H$3%/! 9?'!; 3!NU5=?\] ^\]9^i\]=^!(\\!3*/!"(</!(\\!I/</ %!B/A-% 3$(+#! +<! :- #- +3!3(!3*/!Q5&5!2/: 3./+3!(\\!@(-#$+A!i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`/,3!* #!0//+! /7$/F/<!\\( !,(.:%$ +,/!F$3*!3*/!" %$\\( +$ ! !=/>$.'/8 /% +!?'%$7 : K+7$ (+./+3 %!b- %$3 !C,3!\]"KbC^! +<!$3!* #!0//+!</3/ .$+/<!3* 3!3*/! ; (`/,3!d- %$\\$/#!\\( ! +!/g/.:3$(+!:- #- +3!3(!&3 3/!"KbC!6-$</%$+/#! &/,3$(+!4N4U=!\]; (`/,3#!"(+#$#3/+3!F$3*! !"(..-+$3 !;% +!( !j(+$+A^c! &/,3$(+!4N==9!\]J+1I$%%!2/7/%(:./+3!; (`/,3#^c! +<!&/,3$(+!4NMW4\]0^\]=^'! 0/, -#/!3*/!: (:(#/<!: (`/,3!F(-%<!+(3! /#-%3!$+! !#$A+$\\$, +3!/\\\\/,3!(+!3*/! /+7$ (+./+3'!, / 3/! !,-.-% 3$7/!$.: ,3'!< . A/! !#,/+$,!*$A*F '!( ! , -#/! !#-0#3 +3$ %! <7/ #/!,* +A/!$+!3*/!#$A+$\\$, +,/!(\\! !*$#3( $, %! /#(- ,/5!H*-#'!+(!\\- 3*/ !/+7$ (+./+3 %! /7$/F!$#! /d-$ /<5 "(-+,$%! <(:3!3*/! /#(%-3$(+5 !6 7'88 /0 0!97%$'/: #$%&!'(!#)*+ !,$-% .$/% 0!'/!12""234"5 !A! 2019-04-16 Agenda Packet Page 5 of 197 !" #&.0 '+,-./(+B3 '";6 "4<;: ;<P 4L1M9MV 4L1M9MV;BK&KOHCHJGO!CO2!2J&"Q&&JGO!GI!H@K!"JHSY&! IJ&"CP!SKCB!9M94!1!9M=M!PGO61HKB !IJOCO"JCP!;PCO I$+ +,/!2/: 3./+3 !; < .%8 /%: !=/>$.'/8 /% +!?'%$7 : H*/! ,3$7$3 !$#!+(3! !_; (`/,3a! #!</\\$+/<!-+</ !&/,3$(+!4N=VU!(\\!3*/! " %$\\( +$ !K+7$ (+./+3 %!b- %$3 !C,3!&3 3/!6-$</%$+/#c!3*/ /\\( /'! :- #- +3!3(!&3 3/!6-$</%$+/#!&/,3$(+!4NMWM\],^\]=^!+(!/+7$ (+./+3 %! /7$/F!$#! /d-$ /<5 "(-+,$%! /,/$7/!3*/! /:( 3! +<!: (7$</!\\//<0 ,>! #! :: (: $ 3/5 !6 7'88 /0 0!97%$'/: HAM"@+I+EDCVO"CD?JCAO @+MJCVO"CD?JCAO ;;P 4L1M99? 4L1M99?BCHJIJ"CHJGO!GI!C;;GJOH KOH!GI!;K2BG! 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genda Packet Page 12 of 197 April 16, 2019File ID: 19-0119 19-0233 TITLE ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.60, LOST AND STOLEN PROPERTY, TO CHANGE THE TITLE, MINIMUM HOLDING PERIOD AND TO MAKE OTHER UPDATES(SECONDREADINGAND ADOPTION) RECOMMENDED ACTION Council adoptthe ordinance. SUMMARY Staff is requesting to reduce the retention period for unclaimed personal property from six (6) months to three (3) months to conform to state law and to facilitate efficient use of the City’s limited storage space, as well as a title change and other updates. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines, because it will not result in a physical change to the environment. Therefore,pursuant to Section 15060(c)(3)of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The City’s Park Rangers work with the Police Department’s Homeless Outreach Team , County social service representatives and nonprofit stakeholders in the City’s parksto offer unsheltered individuals resourcesand referrals. Following weekly outreach activitiesand as part of regular care to keep the parks tidy and useable for all, Parks staff members clean the City’sparks and rights of way. For instance, staff collects and discards obvious refuse, such as fast food containers, empty water bottles, syringes, cigarette butts, cardboard, feces, uneaten food, and broken items. Staff also works with a shopping cart retrieval service that collectsempty carts. Page|1 2019-04-16 Agenda Packet Page 13 of 197 Additionally, staff identifies unattended personal property on the grass, sidewalks, landscaping, play grounds, picnic areas and parking lots of the City’s parksand rights of way. Examples of unattended personal property include backpacks, bags, clothing, tarps, bedding, bicycles, and shopping carts filled with these items. Staff posts the item with a written notice that it will be removed in 24 hours. The notice gives a phone number, location and hours of operation so the owner may claim the property, free of charge. Staff returns after 24 hours. In many instances, the item has been removed. If the item remains, however, staff photographs, tags, collects and stores it at 707 F Street, an unused City building. A small portion of the stored property is claimed, with owners typically retrieving their propertywithin a monthof collection. The majority is never claimed. Staff stores the unclaimed items for at least six (6) months, as required by the City’s municipal code, before periodicdisposal. Staff estimates the current volume of unclaimed items fills a 5,000 to 6,000 square foot secure, enclosed space, including aisles to allow the property to be viewed and safely retrieved. The building at 707 F Street is the City’s only storage facility for unclaimed items from the parks and rights of way. It is slated for demolition in the spring of 2019 to make room for redevelopment at that site. Consequently,staff is exploring alternativesites for storage. In this request, staff is recommending reducing the required retention period for unclaimed property from six (6) months to three (3) months. A shorter retentionrequirement is expected to eventually reduce the City’s storage needs. A shorter retention period also would allow the City to use storage space more efficientlyby moving out unclaimed items more quickly to accommodate incoming items.State law allows acity to establish its own retention period for unclaimed property, as long as the period is at least three (3) months. (Cal. Civil Code sections 2080.4 and 2080.6). In 1967, the City Council set a six (6)-month retention period. (Chula Vista Municipal Code Section 2.60.010.) A survey of other cities in San Diego county with ordinancesaddressing unclaimed property showed a three-month retention period; Chula Vista is the only jurisdiction identified with a longer retention period. This request also recommends updates to the Chapter 2.60, such as changing the title from “lost and stolen” property to “unclaimed” property, for consistency with the state laws cited above. Also, for found items turned into the Police Department, which the finder would like to claim, the Department is required to publish notice in a newspaper of general circulation to give the owner a chance to recover the item. The value of the found item requiring newspaper notice is $25(CVMC Section 2.60.150). This update would increase the value to $250, consistent with state law (Cal. Civil Code section 2080.3). DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov’t Code §87100 et seq.). Page|2 2019-04-16 Agenda Packet Page 14 of 197 LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Reducing the required retention period for unclaimed personal property supports Operational Excellence by increasing the efficient use of City resources. It also supports Strong and Secure Neighborhoods by facilitating staff’s diligent work to reunite owners with property while keeping City parks clean and inviting for all to enjoy. CURRENT-YEAR FISCAL IMPACT There will be no fiscal impact to the current fiscal year. Storage will be temporarily relocated from 707 F Street to Eucalyptus Park Maintenance Shed. ONGOING FISCAL IMPACT The temporary storage location is limited in size and will not accommodate the current demand for space of the unclaimed personal property. A larger permanent facility will need to be identified for lease or purchase with an unknown cost associated with this space. ATTACHMENTS 1.Redline-strikeout of CVMC 2.60 2.Proposed amended ordinance Staff Contact: Tracy Lamb, Director of Community Services Page|3 2019-04-16 Agenda Packet Page 15 of 197 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTAAMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.60, LOST AND STOLEN PROPERTY, TO CHANGE THE TITLE, MINIMUMHOLDING PERIOD,AND TO MAKE OTHER UPDATES WHEREAS,the Police, Parks and Public Works departments of the City routinely encounter lost or unattended personal property in City parks and other City-owned property; and WHEREAS, City staff collects, tags and stores such for safekeeping to give the owner an opportunity to claim the property; and WHEREAS, such property is retained at the Police Department, which has limited capacity,or at 707 F Street, the former City shops building; however, this location will become unavailable for storage use in the spring of 2019, requiring the City to find alternative means and locations to store lost and unattended property;and WHEREAS, Chula Vista Municipal Code section 2.60.010, enacted in 1967, requires retention of such property for at least six (6) months; and WHEREAS, pursuant to California Civil Code section 2080.4 and Civil Code section 2080.6, a city may provide by ordinance or regulations for the care, restitution, sale or destruction of unclaimed property in the citys possession, so long as the ordinance requires the city to hold such unclaimed property for the State-law minimum of ninety (90)days; and WHEREAS, staff has requested and demonstrated a need to reduce the required retention period for lost and unclaimed property from six (6) months to ninety (90) days for consistency with State law and to allow more efficient management of limitedstorage space in the Police Department and other City property;and WHEREAS, Chula Vista Municipal Code section 2.60.150, Vesting of title to unclaimed property in finder, which applies to a found item turned in by a finder who wants to claim the item, requires the Police Department to advertise the found item in a newspaper of general circulation when the item is valued at $25 or more; while these instances are rare, the staff time and ad costs to City for advertising exceeds the value of the found item because the value threshold is so low; and WHEREAS, pursuant to California Civil Code section 2080.3, the value threshold requiring advertising found property when the finder wishes to claim the item is $250; and WHEREAS, staff has requested and demonstrated a need to increase the value threshold for advertising found property in which a finder seeks to claim the item from $25 to $250, to save staff time and City funds and for consistency with State law; and C:\\Users\\legistar\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 8\\@BCL@680ED602\\@BCL@680ED602.doc 2019-04-16 Agenda Packet Page 16 of 197 Ordinance Page 2 WHEREAS, staff has requested to change the title from lost and stolen property to unclaimed property for consistency with state law and the ordinances of other cities. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.60 UNCLAIMED PROPERTY* Sections: 2.60.010 Holding period Minimum term Exceptions. 2.60.020 Holding period Bicycles and perishable material Sale permitted when. 2.60.030 Sale Procedure generally. 2.60.035 Transfer of property to city. 2.60.040 Sale Notice of time and place required. 2.60.050 Sale Payment of purchase price Receipt Transfer of title. 2.60.060 Recovery of property by owner permitted when. 2.60.070 Disposition of proceeds of sale Generally Manner of selling items. 2.60.080 Disposition of proceeds of sale Perishable property procedure. 2.60.090 Responsibility for care and preservation Liability for loss or damage. 2.60.095 Destruction of unclaimed property Liability for destruction. 2.60.100 Identification tag required Contents. 2.60.110 Register to be maintained Contents. 2.60.120 Chapter not applicable to animals. 2.60.130 Identification markings for certain impounded articles Purpose and intent. 2.60.140 Identification markings for certain impounded articles Procedure authorized. 2.60.150 Vesting of title to unclaimed property in finder. * For statutory provisions regarding the disposition of lost or unclaimed property,see Civil Code § 2080, et seq.; for authority for municipalities to regulate the disposition of lost property in the hands of the police, see Civil Code § 2080.4. CROSS REFERENCE: Purchasing Systems, see Ch. 2.56 CVMC. 2.60.010Holding period –Minimum term –Exceptions. All unclaimed personal property, except animals, bicycles and perishable property, in the possession of the police department or other City department shall be held by the police department or other City department for a period of at least 90 days. (Ord. 1067 § 1, 1967; prior code § 2.37). 2.60.020Holding period –Bicycles and perishable material –Sale permitted when. Unclaimed perishable property may be sold at public auctionor transferred in the manner set forth in this chapter forpersonal property other than perishable property, prior to the expiration of the 90-day period. Bicycles may be sold at public auction in the same manner, or donated to a 2019-04-16 Agenda Packet Page 17 of 197 Ordinance Page 3 nonprofit, charitable organization designated by the chief of police, after being held by the police department for a period of at least 90 days. (Ord. 2657 § 1, 1995; Ord. 2098 § 1, 1985; Ord. 1067 § 1, 1967; prior code § 2.38). 2.60.030Sale –Procedure generally. After holding such unclaimed property for the period described herein, the same shall be sold by the chief of police, or his duly authorized representative, at public auction to the highest bidder or, in the case of unclaimed bicycles only, may be donated to a nonprofit, charitable organization designated by the chief of police. Any donation of bicycles shall be made pursuant to department policy for designation of eligible nonprofit, charitable organizations, which shall set forth standards including, but not limited to: that the recipient organization will use the bicycles for donation to youths determined to be at risk or of special financial need and that donations of bicycles will not be made to members of the police department or their respective families. Alternatively, pursuant to the provisions of CVMC 2.60.035, said unclaimed property may be transferred to the city. (Ord. 2657 § 2, 1995; Ord. 2098 § 1, 1985; Ord. 1067 § 1, 1967; prior code § 2.39). 2.60.035Transfer of property to city. Upon recommendation of the chief of police or his duly authorized representative,the city purchasing agent may determine that unclaimed property is suitable for use by the city. The provisions of this chapter relating to the holding period and notice shall be complied with prior to the transfer to and acquisition by the city. (Ord. 2098 § 2, 1985). 2.60.040Sale –Notice of time and place required. Prior to the sale at public auction or transfer, notice of the time and place of such sale and articles to be sold or transferred shall be given by the chief of police, at least five days before the time fixed therefor, by publication once in a newspaper of general circulation published in the city. (Ord. 2098 § 1, 1985; prior code § 2.40). 2.60.050Sale –Payment of purchase price –Receipt –Transfer of title. At the time of the sale of any unclaimed property, the purchaser shall pay the cash purchase price into the finance department, and the finance department shall issue a validated receipt for such money for the personal property being purchased, and the chief of police or the authorized member of his department shall, upon presentation of such validated receipt, transfer such property to the purchaser. (Prior code § 2.40.1). 2.60.060Recovery of property by owner permitted when. Any person may claim property in possession of the police department at any time prior to the first publication of notice of sale or transfer by proving, to the satisfaction of the chief of police, ownership of such property and paying the required fee(s). (Ord. 2506 § 1, 1992; Ord. 2098 § 1, 1985; prior code §2.41). 2.60.070Disposition of proceeds of sale –Generally –Manner of selling items. All moneys derived from the sale of unclaimed property other than perishable property shall be deposited in the general fund of the city and shall belong to the city. If more than one article is offered for sale at auction, they may be sold individually or collectively, as the chief of police may determine. (Prior code § 2.42). 2019-04-16 Agenda Packet Page 18 of 197 Ordinance Page 4 2.60.080Disposition of proceeds of sale –Perishable property procedure. All moneys, if any,derived from the sale of unclaimed perishable property shall be held for the owner of such property, providing he shall prove ownership of the perishable property prior to the expiration of the period of 90 days from the date of first possession of such property by the chief of police. If no owner claims such property within the 90-day period, then the moneys derived from such sale shall be placed in the general fund of the city. (Prior code § 2.43). 2.60.090Responsibility for care and preservation –Liability for loss or damage. The chief of police or City staff designated by the chief of police shall be responsible for the care and preservation of the unclaimed property hereinbefore referred to, until the same is sold, destroyed, or returned to the lawful owner thereof, but in no event shall the chief of police, designated staff or the city be liable in damages for the loss or damage to such unclaimed property. (Ord. 2147 § 3, 1986; prior code § 2.44). 2.60.095Destruction of unclaimed property –Liability for destruction. The chief of police or his representative may destroy all unclaimed property after holding the unclaimed property for the period prescribed herein, with no owner appearing and proving ownership of the property within the prescribed period, or the unclaimed property may be destroyed upon the failure of the property to be sold at public auction pursuant to this chapter; but in no event shall the chief of police or the city be liable for damages for the destruction of such unclaimed property. (Ord. 2147 § 2, 1986). 2.60.100Identification tag required –Contents. Each article of unclaimed property shall be identified with a tag on the same, showing the first date of possession by the chief of police and the circumstances surrounding his acquisition of possession. (Prior code § 2.45). 2.60.110Register to be maintained –Contents. The chief of police or City staff designated by the chief of police shall maintain a register of all unclaimed property received by the police department. Such register shall describe each item of property; the time, date and place it was received; the name of the person from whom it was received; and the circumstances surrounding its receipt, together with the date and manner of disposition of such property. (Prior code § 2.45.1). 2.60.120Chapter not applicable to animals. This chapter shall not apply to lost, strayed or unclaimed animals. (Prior code § 2.46). 2.60.130Identification markings for certain impounded articles –Purpose and intent. It is the purposeand intent of the city council to establish a procedure which authorizes the police department of the city to place identifying numbers upon certain articles which have been impounded during the course of investigation of theft, where said articles have had the identifying numbers removed or obliterated, thus making the possession of said articles illegal under the provisions of Section 537E of the California Penal Code. Said procedure is also intended for application to any articles which come into the possession of the police department 2019-04-16 Agenda Packet Page 19 of 197 Ordinance Page 5 for control or custody by any other process and which may also have had any identifying numbers or markings obliterated therefrom. (Ord. 1193 § 1, 1969; prior code § 2.10.1). 2.60.140Identification markings for certain impounded articles –Procedure authorized. The chief of police is authorized and directed to assign a distinguishing number or identification mark and affix said number or mark to any item, from which the manufacturers name plate, serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed, so that said article may be properly and legally returned to the possession of the person legitimately entitled to the ownership and possession thereof. (Ord. 1193 § 1, 1969; prior code § 2.10.2). 2.60.150Vesting of title to unclaimed property in finder. A. Valuation of $250.00 or More. If the reported value of the property is $250.00 or more and no owner appears and proves his ownership of the property within 90 days, the police department shall cause notice of the property to be published at least once in a newspaper of general circulation. If after seven days following the first publication of the notice, no owner appears and proves his ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency,in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the required fee(s) is first paid to the city, county, or city and county whose police department caused the notice to be published. B. Valuation of Less Than $250.00. If the reported value of the property is less than $250.00 and no owner appears and proves his ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. C. Exception Bicycle. If the found orsaved property is a bicycle, if no owner appears and proves ownership of the bicycle within 90 days, the title shall not vest in the person who found or saved the bicycle. All such unclaimed bicycles shall be sold at public auction or donated for charitable purposes pursuant to this chapter. (Ord. 2657 § 3, 1995; Ord. 2506 § 1, 1992; Ord. 2147 § 1, 1986; Ord. 1766 § 1, 1977). Section II.Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the factthat any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction 2019-04-16 Agenda Packet Page 20 of 197 Ordinance Page 6 The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented byApproved as to form by _________________________________________________________________________ Tracy LambGlen R. Googins Community Services DirectorCity Attorney 2019-04-16 Agenda Packet Page 21 of 197 Chula Vista Municipal Code Page 1/3 Chapter 2.60 LOST AND STOLEN PROPERTY* Chapter 2.60 LOST AND STOLEN UNCLAIMED PROPERTY* Sections: 2.60.010 Holding period Minimum term Exceptions. 2.60.020 Holding period Bicycles and perishable material Sale permitted when. 2.60.030 Sale Procedure generally. 2.60.035 Transfer of property to city. 2.60.040 Sale Notice of time and place required. 2.60.050 Sale Payment of purchase price Receipt Transfer of title. 2.60.060 Recovery of property by owner permitted when. 2.60.070 Disposition of proceeds of sale Generally Manner of selling items. 2.60.080 Disposition of proceeds of sale Perishable property procedure. 2.60.090 Responsibility for care and preservation Liability for loss or damage. 2.60.095 Destruction of unclaimed property Liability for destruction. 2.60.100 Identification tag required Contents. 2.60.110 Register to be maintained Contents. 2.60.120 Chapter not applicable to animals. 2.60.130 Identification markings for certain impounded articles Purpose and intent. 2.60.140 Identification markings for certain impounded articles Procedure authorized. 2.60.150 Vesting of title to unclaimed property in finder. * For statutory provisions regarding the disposition of lost or unclaimed property, see Civil Code § 2080, et seq.; for authority for municipalities to regulate the disposition of lost property in the hands of the police, see Civil Code § 2080.4. CROSS REFERENCE: Purchasing Systems, see Ch. 2.56 CVMC. 2.60.010 Holding period Minimum term Exceptions. All unclaimed personal property, except animals, bicycles and perishable property, in the possession of the police department or other City department shall be held by the police department or other City department for a period of at least six months 90 days. (Ord. 1067 § 1, 1967; prior code § 2.37). 2.60.020 Holding period Bicycles and perishable material Sale permitted when. Unclaimed perishable property may be sold at public auction, or transferred in the manner set forth in this chapter for personal property other than perishable property, prior to the expiration of the six-month 90-day period. Bicycles may be sold at public auction in the same manner, or donated to a nonprofit, charitable organization designated by the chief of police, after being held by the police department for a period of at least 90 days. (Ord. 2657 § 1, 1995; Ord. 2098 § 1, 1985; Ord. 1067 § 1, 1967; prior code § 2.38). 2.60.030 Sale Procedure generally. After holding such unclaimed property for the period described herein, the same shall be sold by the chief of police, or his duly authorized representative, at public auction to the highest bidder or, in the case of unclaimed bicycles only, may be donated to a nonprofit, charitable organization designated by the chief of police. Any donation of bicycles shall be made pursuant to department policy for designation of eligible nonprofit, charitable organizations, which shall set forth standards including, but not limited to: that the recipient organization will use the bicycles for made to members of the police department or their respective families. Alternatively, pursuant to the provisions of CVMC 2.60.035, said unclaimed property may be transferred to the city. (Ord. 2657 § 2, 1995; Ord. 2098 § 1, 1985; Ord. 1067 § 1, 1967; prior code § 2.39). 2.60.035 Transfer of property to city. Upon recommendation of the chief of police or his duly authorized representative, the city purchasing agent may determine that unclaimed property is suitable for use by the city. The provisions of this chapter relating to the holding period and notice shall be complied with prior to the transfer to and acquisition by the city. (Ord. 2098 § 2, 1985). The Chula Vista Municipal Code is current through Ordinance 3449, passed January 8, 2019. 2019-04-16 Agenda Packet Page 22 of 197 Chula Vista Municipal Code Page 2/3 Chapter 2.60 LOST AND STOLEN PROPERTY* 2.60.040 Sale Notice of time and place required. Prior to the sale at public auction or transfer, notice of the time and place of such sale and articles to be sold or transferred shall be given by the chief of police, at least five days before the time fixed therefor, by publication once in a newspaper of general circulation published in the city. (Ord. 2098 § 1, 1985; prior code § 2.40). 2.60.050 Sale Payment of purchase price Receipt Transfer of title. At the time of the sale of any unclaimed property, the purchaser shall pay the cash purchase price into the finance department, and the finance department shall issue a validated receipt for such money for the personal property being purchased, and the chief of police or the authorized member of his department shall, upon presentation of such validated receipt, transfer such property to the purchaser. (Prior code § 2.40.1). 2.60.060 Recovery of property by owner permitted when. Any person may claim property in possession of the police department at any time prior to the first publication of notice of sale or transfer by proving, to the satisfaction of the chief of police, ownership of such property and paying the required fee(s). (Ord. 2506 § 1, 1992; Ord. 2098 § 1, 1985; prior code § 2.41). 2.60.070 Disposition of proceeds of sale Generally Manner of selling items. All moneys derived from the sale of unclaimed property other than perishable property shall be deposited in the general fund of the city and shall belong to the city. If more than one article is offered for sale at auction, they may be sold individually or collectively, as the chief of police may determine. (Prior code § 2.42). 2.60.080 Disposition of proceeds of sale Perishable property procedure. All moneys, if any, derived from the sale of unclaimed perishable property shall be held for the owner of such property, providing he shall prove ownership of the perishable property prior to the expiration of the period of six months 90 days from the date of first possession of such property by the chief of police. If no owner claims such property within the six-month 90-day period, then the moneys derived from such sale shall be placed in the general fund of the city. (Prior code § 2.43). 2.60.090 Responsibility for care and preservation Liability for loss or damage. The chief of police or City staff designated by the chief of police shall be responsible for the care and preservation of the unclaimed property hereinbefore referred to, until the same is sold, destroyed, or returned to the lawful owner thereof, but in no event shall the chief of police, designated staff or the city be liable in damages for the loss or damage to such unclaimed property. (Ord. 2147 § 3, 1986; prior code § 2.44). 2.60.095 Destruction of unclaimed property Liability for destruction. The chief of police or his representative may destroy all unclaimed property after holding the unclaimed property for the period prescribed herein, with no owner appearing and proving ownership of the property within the prescribed period, or the unclaimed property may be destroyed upon the failure of the property to be sold at public auction pursuant to this chapter; but in no event shall the chief of police or the city be liable for damages for the destruction of such unclaimed property. (Ord. 2147 § 2, 1986). 2.60.100 Identification tag required Contents. Each article of unclaimed property shall be identified with a tag on the same, showing the first date of possession by the chief of police and the circumstances surrounding his acquisition of possession. (Prior code § 2.45). 2.60.110 Register to be maintained Contents. The chief of police or City staff designated by the chief of police shall maintain a register of all unclaimed property received by the police department. Such register shall describe each item of property; the time, date and place it was received; the name of the person from whom it was received; and the circumstances surrounding its receipt, together with the date and manner of disposition of such property. (Prior code § 2.45.1). 2.60.120 Chapter not applicable to animals. This chapter shall not apply to lost, strayed or unclaimed animals. (Prior code § 2.46). 2.60.130 Identification markings for certain impounded articles Purpose and intent. It is the purpose and intent of the city council to establish a procedure which authorizes the police department of the city to place identifying numbers upon certain articles which have been impounded during the course of The Chula Vista Municipal Code is current through Ordinance 3449, passed January 8, 2019. 2019-04-16 Agenda Packet Page 23 of 197 Chula Vista Municipal Code Page 3/3 Chapter 2.60 LOST AND STOLEN PROPERTY* investigation of theft, where said articles have had the identifying numbers removed or obliterated, thus making the possession of said articles illegal under the provisions of Section 537E of the California Penal Code. Said procedure is also intended for application to any articles which come into the possession of the police department for control or custody by any other process and which may also have had any identifying numbers or markings obliterated therefrom. (Ord. 1193 § 1, 1969; prior code § 2.10.1). 2.60.140 Identification markings for certain impounded articles Procedure authorized. The chief of police is authorized and directed to assign a distinguishing number or identification mark and affix said number or mark to any itemradio, piano, stereo tape deck, phonograph, sewing machine, washing machine, typewriter, adding machine, comptometer, bicycle, firearm, safe or vacuum cleaner, dictaphone, watch, watch movement, watch case, or any mechanical or electrical device, appliance, contrivance, material, piece of apparatus or equipment identification mark has been removed, defaced, covered, altered or destroyed, so that said article may be properly and legally returned to the possession of the person legitimately entitled to the ownership and possession thereof. (Ord. 1193 § 1, 1969; prior code § 2.10.2). 2.60.150 Vesting of title to unclaimed property in finder. A. Valuation of $250.00 or More. If the reported value of the property is $250.00 or more and no owner appears and proves his ownership of the property within 90 days, the police department shall cause notice of the property to be published at least once in a newspaper of general circulation. If after seven days following the first publication of the notice, no owner appears and proves his ownership of the property and the person who found or saved the property pays the cost of the publication, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. Title to the property shall not vest in the person who found or saved the property or in the successful bidder at the public auction unless the required fee(s) is first paid to the city, county, or city and county whose police department caused the notice to be published. B. Valuation of Less Than $250.00. If the reported value of the property is less than $250.00 and no owner appears and proves his ownership of the property within 90 days, the title shall vest in the person who found or saved the property, unless the property was found in the course of employment by an employee of any public agency, in which case the property shall be sold at public auction. C. Exception Bicycle. If the found or saved property is a bicycle, if no owner appears and proves ownership of the bicycle within 90 days, the title shall not vest in the person who found or saved the bicycle. All such unclaimed bicycles shall be sold at public auction or donated for charitable purposes pursuant to this chapter. (Ord. 2657 § 3, 1995; Ord. 2506 § 1, 1992; Ord. 2147 § 1, 1986; Ord. 1766 § 1, 1977). The Chula Vista Municipal Code is current through Ordinance 3449, passed January 8, 2019. 2019-04-16 Agenda Packet Page 24 of 197 April 16, 2019File ID: 19-0120 19-0234 TITLE ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTERS3.60 AND 3.61 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO COMMUNITY FACILITIES DISTRICTSGENERALLY AND THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT(SECOND READINGAND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY Community Facilities Districts (CFDs) are used as a public financing mechanism in the City of Chula Vista. TheCity of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts(the “Goals and Policies”) andthe City’s CFD Ordinance ratify and govern the use of CFDs in the City. Codifying the CFD Ordinance as Chapter 3.60 of the Chula Vista Municipal Code (CVMC) and adopting the Goals and Policies as City Council Policy 505-04 are recommended. Additional edits to the CFD Ordinance to expand the list of authorized public facilities and services to include certain facilities and services to be financed in a future special tax districton the Chula Vista Bayfront are also recommended, along with the adoption ofCVMCChapter 3.61(Bayfront Project Special Tax Financing DistrictProcedural Ordinance). ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) andhas determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Mello-Roos Community Facilities Act of 1982 (the “Mello-Roos Act”) provides local jurisdictions with analternative method of financing certain public capital facilitiesand services, especially in developing areas and areas undergoing rehabilitation. Special tax districts formed pursuant to the Mello-Roos Act are v.001 Page|1 2019-04-16 Agenda Packet Page 25 of 197 referred to as Community Facilities Districts, or CFDs. As a prerequisiteto forming CFDs, the local jurisdiction must first consider and adopt local goals and policies concerning use of the Mello-Roos Act. On January 13, 1998, Council adopted the Goals and Policies via Resolution No. 18860. The approval of this document ratified the use of CFDsin the City of Chula Vistaas a public financing mechanism for (1) the construction and/or acquisition of public infrastructure and (2) the financing of authorized public services. The Goals and Policies were subsequently amended in July 1998, December 1998, and November 2013 via Resolution Nos. 19103, 19300, and 2013-225, respectively. Staff recommends adopting the Goals and Policies as City Council Policy Number 505-04(Attachment 1). Inclusion of the Goals and Policies in the City Council Policy Manual increases transparency and simplifies administration. Minor textual edits are recommended, along with updates to reflect standard practices. Substantive updates to the Goals and Policies include the following: For districts issuing bonds, increasing the maximum period of capitalized interest from 18 months to 36 months for tax-exempt financings and 48 months for taxable financings; For maintenance and/or service districts, requiringthe inclusion of life-cycle replacement costs for maintained facilities in the rate and method of apportionment; and For maintenance and/or service districts, requiring the authorizationof annual inflationary adjustments to the maximum special taxrates, to be based on the most specific applicable index. In addition to adopting the Goals and Policies, on April 28, 1998theCouncil adopted Ordinance 2730, enacting the City of Chula Vista Community Facilities District Ordinance (the “CFD Ordinance”). In adopting the CFD Ordinance pursuant to its Charter City authority, the City incorporatedthe Mello-Roos Act with modifications to accomplish the following: (1) includeall maintenance activities authorized by the Landscaping and Lighting Act of 1972 (the “1972 Act”); (2) include maintenance activities not listed in the Mello-Roos Act or the 1972 Act (i.e. monitoring activities on privately owned parcels within the Otay Ranch Preserve and maintenance of pedestrian bridges and community gardens); and (3) establish an operating reserve fund for open space districts. Staff recommends codifying the CFD Ordinance as CVMC Chapter 3.60 (Community Facilities Districts – General) for increased transparency and simplified administration. Updates to the ordinance for consistency with CVMC standards are also recommended, including replacing the Declaration of Policy section with a General Intentsection, the addition of a Definitionssection, and minorreordering of sections. Additional modifications to further expandthe list of explicitly authorized services and facilities are also recommended, as described below. Chula Vista BayfrontSpecial Tax District On May 8, 2012, the City of Chula Vista and the San Diego Unified Port District entered into a Bayfront MasterPlan Financing Agreement (the “Financing Agreement”) for the Chula Vista Bayfront Master Plan (CVBMP). The Financing Agreement identified the rights and obligations of each agency, with respect to the financing, development, and construction of public improvements, infrastructure, and a planned convention/conferencecenter in the CVBMParea. The Financing Agreement was subsequently amended Page|2 2019-04-16 Agenda Packet Page 26 of 197 and restated to recognize additional rights and obligations of the respective agencies, effective June 20, 2017. In Section 4.2.2(d)ofthe Financing Agreement both parties acknowledged a mutual desire to explore the creation of a vehicle by which additional occupancy-basedrevenues in an amount up to one-half of the current Transient Occupancy Tax (TOT) for the Bayfront project areacould be applied to the cost of public improvements and/or the planned convention/conference center. The Financing Agreement recognized the creation of a district under the Mello-Roos Actor the CFD Ordinanceas a possible public financing mechanism for this purpose and the parties agreed to consider the creation of such a district. Formation efforts for a Bayfront special tax districtare underway and will be brought forward to the Council for consideration in spring 2019. In undertaking the formation of the Bayfrontspecial tax district, the need to further amend the CFD Ordinance to authorize additional services and facilities not explicitly authorized by the Mello-Roos Actwas identified. Additional services and facilities to be authorized include the following: Public shuttle operations; and Promotion of public events and tourism within the district; and Security, sanitation, graffiti removal, street and sidewalk cleaning and other municipal services supplemental to those normally provided by the City; and Parking improvements; and Energy efficiency, water conservation, and renewable energy improvements; and Conference center facilities. In further support of a future Bayfront special tax district, the adoption of CVMC Chapter 3.61 (Bayfront Project Special Tax Financing DistrictProcedural Ordinance)is recommended. As proposed, Chapter 3.61 establishes a procedure for financing certain public improvements and maintenance and services to serve the CVBMP area, through the establishment of a Bayfront Project Special Tax Financing District (the “Bayfront District”). Chapter 3.61 incorporates the provisions of the Mello-Roos Act and the California Streets and Highways Code, while identifying certain provisions that will not apply or that will be modified. Examples include the previously referenced allowance for three years of capitalized interest on tax-exempt bonds and four years on taxable bonds, as compared with the two years authorized in the Mello-Roos Act. Additionalmodifications and exclusions of Mello-Roos Act provisions largely relate to the formation process for the future Bayfront District,which willrequire an election of landowners, not registered voters. The Bayfront District special tax will be levied by hotel operators on transient occupants(hotel visitors). The tax will not be assessed on traditional residential uses. As such, it is more appropriate for the district electors to be the landowners, rather than the registered voters as required under the Mello-Roos Act. Next Steps If approved, CVMC Chapters 3.60 and 3.61will be effective 30 days after the second readingof the ordinance. Staff intends to return with a Resolution of Intentto form the previously described Bayfront Districtimmediately following the effective date of the ordinance. The date of the public hearing to consider establishment of the Bayfront District will be set at that time. Page|3 2019-04-16 Agenda Packet Page 27 of 197 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposesof the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by anyCity Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact. All costs associated with preparation of the report and proposed resolution and ordinance are funded byexistingcurrent year appropriations. ONGOING FISCAL IMPACT There is no ongoing fiscal impact resulting from approving the resolution adopting City Council 505-04 (Statement of Goals and Policies Regarding Establishment of Community Facilities Districts) or codifying the existing CFD Ordinance. Approving updates to the CFD Ordinance to allow for the financing of additional facilities and services in CFDs and adopting the Bayfront Project Special Tax Financing District Procedural Ordinance support development of the Chula Vista Bayfront. ATTACHMENTS None. Staff Contact: Tiffany Allen, Development Services Department Page|4 2019-04-16 Agenda Packet Page 28 of 197 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTAADDING CHAPTERS3.60AND 3.61 TO THE CHULA VISTA MUNICIPALCODERELATINGTOCOMMUNITY FACILITIESDISTRICTSGENERALLYANDTHE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT WHEREAS,the City of Chula Vista (the City) is a municipal corporation and charter city duly organized and existing under a freeholders charter pursuant to which the City has the right and power to make and enforce all laws and regulations withrespect to municipal affairs and certain other matters in accordance with and as more particularly provided in Sections 3, 5, and 7 of Article XI of the Constitution of the State of California (the Constitution) and the Charter of the City (the Charter); and WHEREAS,the Mello-Roos Community Facilities Act of 1982, as amended (the Mello- RoosAct), provides the City with an alternative method of financing certain public capital facilities and services, especially in developing areas and areas undergoing rehabilitation; and WHEREAS, on April 28, 1998, the City Council adopted Ordinance 2730, enacting the City of Chula Vista Community Facilities District Ordinance (the CFD Ordinance); and WHEREAS, the CFD Ordinance authorizes community facilitiesdistricts to finance habitat maintenance and the monitoring of biological resources and certain maintenance services authorized to be financed through the Landscape and Lighting Act of 1972, but not expressly authorized in the Mello-Roos Act; and WHEREAS, the City Councildesiresto authorize additional services and facilities to be financed in community facilities districts, including public shuttle operations;promotion of public events and tourism within districts; security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services within districts supplemental to those normally provided by the City; parking improvements; energy efficiency, water conservation, and renewable energy improvements; ecological and sustainability educational improvements; and conventioncenter facilities; and WHEREAS, the City Council also desires to establish a procedure for financing certain public capital facilities and services through the establishment of the Bayfront Project Special Tax Financing District; and WHEREAS, the City Council of the City, acting under and pursuant to the powers reserved to the City under Sections 3, 5, and 7 of the Constitution and the Charter, finds that the public interest and necessity require the enactment of this ordinance to authorize, and establish the authorization and procedure for, the formation of community facilities districts by the City to C:\\Users\\legistar\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 8\\@BCL@C80D60EC\\@BCL@C80D60EC.docx 2019-04-16 Agenda Packet Page 29 of 197 Ordinance Page 2 finance such additional public services and facilities not authorized by the Mello-Roos Act as the City Council may deem necessary. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I.Chapter 3.60is hereby added to the Chula Vista Municipal Code to read as follows: Chapter 3.60 Community Facilities Districts-General Sections: 3.60.010Short title. 3.60.020General intent. 3.60.030Definitions. 3.60.040Authority and procedure. 3.60.050Nonexclusivity. 3.60.060Amendments to Mello-Roos Act. 3.60.010Short title. This chapter shall be known as and may be cited as the City of Chula Vista Community Facilities District Ordinance. 3.60.020General intent. The City Council intends to permit the financing of public services and facilities pursuant to the authorization and procedure set forth in this chapter, as well as by any other method permitted by law. This chapteris enacted pursuant to the powers reserved to the City under Sections 3, 5, and 7 of Article XI of the California Constitution and the City Charter. 3.60.030Definitions. Improvements means improvements, as defined in Streets and Highways Code Section 22525 and pedestrian bridges. Maintenance means maintenance, as defined in Streets and Highways Code Section 22531. Mello-Roos Act means the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, commencing with Section 53311 of Part 1, Article 2, Title 5 of the California Government Code), as amended from time to time. Servicing means servicing, as defined in Streets and Highways Code Section 22538. 2019-04-16 Agenda Packet Page 30 of 197 Ordinance Page 3 3.60.040Authority and procedure. Whenever the public interest and necessity so require, the City Council of the City may, acting under and pursuant to this chapter, establish a community facilities district as provided for in the Mello-Roos Act, as modified herein. Except as otherwise provided in this chapter, the provisions of the Mello-Roos Act, now in effect or as such act may be amended from time to time, are hereby incorporated in this chapter by this reference and made a part hereof. 3.60.050Nonexclusivity. The provisions of this chapter are not exclusive. The power and authority conferred upon the City Council by the provisions of this chapter are in addition to and supplemental to the powers conferred by the Charter, any other ordinance of the City, or law. Additionally, the City Council may elect to follow the procedures now or hereafter provided by general law, including without limitation, the Mello-Roos Act; provided, however, that whenever the City is acting pursuant to this chapter the provisions of this chapter shall be controlling to the extent that they are in conflict with anyof the provisions of such general law, including the Mello-Roos Act. 3.60.060Amendments to Mello-Roos Act. A.The services authorized to be financed pursuant to Government Code Section 53313 are hereby amended to add and include: 1.The maintenance, operation and management of public property in which the City of Chula Vista has a property interest in or private property that is required to be dedicated or maintained as open space or for habitat preservation or both. Such property may be located outside the boundaries of the applicable community facilities district and outside the jurisdictional boundaries of the City. Such maintenance, operation and management shall mean the furnishing of services and materials for the ordinary and usual maintenance, operation and management of any open space or habitat area as may be required by the City or other public agency charged with the responsibility to maintain, operate, or manage any such area. Such services may include but shall not be limited to the following: a.Repair, removal or replacement of any improvement, structure or facility necessary or convenient to the maintenance, operation or management of the open space orhabitat area; and b.Providing for the life, growth, health, and beauty of habitat, including the cultivation, irrigation, trimming, spraying, fertilizing, or treating of disease or injury; and c.The removal of trimmings, rubbish, debris, and other solid waste; and 2019-04-16 Agenda Packet Page 31 of 197 Ordinance Page 4 d.The operation and management of open space and natural habitat, including biological monitoring and evaluation of collected data; and e.The conduct of biological activities necessary to sustain the species being protected; and f.The operation and maintenance of pedestrian bridges and community gardens within or appurtenantto such open space or habitat area(s). 2.The Maintenance and/or Servicing of Improvements. 3.Public shuttle operations. 4.Promotion of public eventsandtourism; provided, however, the special tax financing any such promotion shall not be apportioned in any taxyear on any property in residential use in such tax year, as determined by the City Council, in its capacity as the legislative body of the community facilities district authorized to finance such promotion. 5.Security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the City. 6.Life-cycle replacement costs for maintained and/or operated facilities. B.The facilities authorized to be financed pursuant to Government Code Section 53313 are hereby amended to add and include: 1.Parking improvements. 2.Energy efficiency, water conservation, and renewable energy improvements. 3.Ecological and sustainability educational improvements. C.Any community facilities district established for one or more of the purposes authorized in Government Code Section 53313 or in section A above may establish maintenance or service zones or areas within such district to facilitate the provision and administration of such services. D.At the time a community facilitiesdistrict is formed to provide any of the services authorized pursuant to section A above or territory is annexed to an existing community facilities district which was formed to provide any of the services authorized pursuant to sectionA above, the owneror developer of the property within such newly formed community facilities district or the territory annexed to an existing community facilities district shall be responsible for providing such 2019-04-16 Agenda Packet Page 32 of 197 Ordinance Page 5 services or causing such services to be provided for a minimum period of one year from the date of formation of such community facilities district or the date of annexation of such territory to an existing community facilities district, respectively, or if required by the City Manager, until such later time as the open space or habitat area and/or the improvements which are to be financed from special taxes to be levied within such newly formed community facilities district or such territory annexed to an existing community facilities district are accepted by the City Manager or his or her designee. E.For each community facilities district formed to provide any of the maintenance and services authorized pursuant to section A above, there shall be established and maintained an annual operating reserve fund in an amount not to exceed one hundred percent (100%) of the annual maintenance, operations and management budget for each such community facilities district for any fiscal year. The rate and method of apportionment of the special tax for any such community facilities district shall provide that the special tax may be levied on all taxable property within the community facilities district prior to the acceptance by the City or other public entity for operation, maintenance and management of the open space or habitat areas and/or improvements to be operated, maintained and managed from the proceeds of the special taxes in order to initially fund the operating reserve fund at an amount equal to one hundred percent (100%) of the estimated annual maintenance, operations andmanagement budget for the first fiscal year following acceptance of such areas or improvements. If the areas and/or improvements are to be accepted incrementally, the operating reserve fund shall be initially funded incrementally in an amount equal to one hundred percent (100%) of the estimated annual maintenance, operations and management budget for the first fiscal year following acceptance of such increment of the areas and/or improvements. A precondition to the acceptance of any open space or habitat area and/or improvements by the City or another public entity for operation, maintenance and management shall be that the operating reserve fund for such area or improvements must have been funded at an amount equal to one hundred percent (100%) of the annual budget for the operation, maintenance, and management of such area and/or improvements for the fiscal year following the acceptance thereof (the Reserve Fund Requirement). The rate and method of apportionment of the special tax shall further provide that following acceptance of the areas and/or improvements, or any increment thereof, the proceeds of the annual special tax levy may be used to replenish the operating reserve fund to the Reserve Fund Requirement provided that the annual special tax levy shall not exceed the authorized maximum special tax for such fiscal year. Such operating reserve shall be maintained for and may be used to provide necessary operating revenue for the first six (6) months of each fiscal year. 2019-04-16 Agenda Packet Page 33 of 197 Ordinance Page 6 Section II.Chapter 3.61 is hereby added to the Chula Vista Municipal Code to read as follows: Chapter 3.61 Bayfront Project Special Tax Financing District Procedural Ordinance Sections: 3.61.010Short title. 3.61.020Purpose and intent. 3.61.030Definitions. 3.61.040Special tax proceedings. 3.61.050Nonexclusivity. 3.61.060Construction. 3.61.070Incorporation of the Mello-Roos Community Facilities Act of 1982 and portions of the California Streets and Highways Code. 3.61.080Authorized expenditures. 3.61.090Hearing–Continuances. 3.61.100Election; Voter qualifications; Ballots. 3.61.110Notice of special tax lien. 3.61.120Application of special tax. 3.61.130Special tax collected with transient occupancy tax. 3.61.140Optional collection of delinquent special taxes on secured property tax roll. 3.61.150Compliance with this Chapter. 3.61.010Short title. This chapter shall be known as and may be cited as the Bayfront Project Special Tax Financing District Procedural Ordinance. 3.61.020Purpose and intent. Thepurpose of this Chapteris to establish a procedure for financing certain public and private improvements and maintenance and services to serve the Chula Vista Bayfront Project through the establishment of a Bayfront Project Special Tax Financing District, the levy and collection of special taxes within such district and the issuance of bonds secured by such special taxes for the purpose of financing conventioncenter facilities and certain other public improvements. The City Council intends to permit the financing of public services and public and private improvements pursuant to the authorization and procedure set forth in this Chapter, as well as by any other method permitted by law. This Chapter is enacted pursuant to the powers reserved to the City under Sections 3, 5, and 7 of Article XI of the California Constitution and the City Charter. 2019-04-16 Agenda Packet Page 34 of 197 Ordinance Page 7 3.61.030Definitions. Terms defined in the Mello-Roos Act but not defined in this Chaptershall have the meaning given such terms in the Mello-Roos Act. For purposes of this Chapterthe following definitions shall applyand to the extent the same term is defined in the Mello- Roos Act the following definition shall apply to such term: Campsite shall have the meaning given such term in CVMC 3.40.020. Chapter shall, when referred to in the Mello-Roos Act or herein, mean this Chapter 3.61 of the CVMC. Community facilities district shall, when used in the Mello-Roos Act or herein, mean the District. ConventionCenter Facility means any building, improvement to real property, equipment or personal property (in each case having an expected useful life of five years or longer) that comprises any portion of a convention center or conference center, and the construction, acquisition, rehabilitation, replacement or upgrade thereto, whether publicly or privately owned. District shall mean the Bayfront Project Special Tax Financing Districtestablished pursuant to this Chapter. Hotel shall have the meaning given such term in CVMC 3.40.020. Landowner shall, for the purposes of this Chapter, have the meaning given such term in Section 53317(f) of the Mello-Roos Act; provided, however, the City of Chula Vista shall be the Landowner of all land within the District owned by the City in its capacity as a charter city or as the successor agency to the Redevelopment Agency of the City of Chula Vista and the Port District shall be the Landowner of all land within the District owned by such district. Mello-Roos Act shall have the meaning given such term in CVMC 3.60.030. Occupancy shall have the meaning given such term in CVMC 3.40.020. Operator shall have the meaning given such term in CVMC 3.40.020. Port District shall mean the San Diego Unified Port District. Rent shall have the meaning given such term in CVMC 3.40.020. RIDA means RIDA CHULA VISTA, LLC, a Delaware limited liability company, and any successor or assign thereto. 2019-04-16 Agenda Packet Page 35 of 197 Ordinance Page 8 Resort Hotel shall mean the Hotel as such term is defined in the Disposition and Development Agreement entered into as of May 7, 2018 by and among the Port District, the City and RIDA, as such agreement may be amended from time to time. Services shall include those services specified in CVMC 3.60.060. Transient shall have the meaning given such term in CVMC 3.40.020. 3.61.040Special tax proceedings. Proceedings for the formation of a Bayfront Project Special Tax Financing District for the purposes set forth in section3.61.020 may be conducted pursuant to this Chapter whether or not provided by state law. 3.61.050Nonexclusivity. This Chapteris not, in any way, exclusive. The power and authority conferred upon the City Council by the provisions of this Chapter are in addition to and supplemental to the powers conferred by the Charter, any other ordinance of the City, or law, including the Mello-Roos Act. Additionally, the City Council may elect to follow the procedures now or hereafter provided by general law, including without limitation, the Mello-Roos Act; provided, however, that whenever the City is acting pursuant to this Chapter the provisions of this Chapter shall be controlling to the extent that they are in conflict with any of the provisions of such general law, including the Mello-Roos Act. 3.61.060Construction. This Chapteris to be liberally construed. 3.61.070Incorporation of the Mello-Roos Community Facilities Act of 1982 and portions of the California Streets and Highways Code. A.Except as otherwise provided in this Chapter, the Mello-Roos Act and those sections of the California Streets and Highways Code and any amendments thereto, referred to in the Mello-Roos Act, are incorporated in and made a part of this Chapter. B.Except as otherwise provided by this Chapter, the mode and manner for making improvements, for levying and collecting special taxes and for issuing bonds shall be as prescribed in the Mello-Roos Act. In any conflict between the provisions of the Mello-Roos Act or the referenced portions of the California Streets and Highways Code, the provisions of this Chaptershall prevail. C.The provisions of Sections 53312.7, 53312.8, 53313.6, 53313.7, 53313.9, 53317(b), 53319(d), 53321(b) and (f), 53325.6 (and the reference to 53325.6 contained in Section 53331), 53329,53329.5, 53340(d) and (f)(C), 53340.1(b), 53345.8, 55352, 53362.5, and 53365of the Mello-Roos Act are not incorporated 2019-04-16 Agenda Packet Page 36 of 197 Ordinance Page 9 into this Chapterandshall have no application to proceedings conducted pursuant to this Chapter. D.The provisions of Section 53313.51 of the Mello-Roos Act notwithstanding, whenever the City is a party to construction contracts, the City may use normal public works contractingprocedures even if they do not involve or require the identification of discrete portions or phases of the facilities to be constructed. E.For purposes of this Chapter, clause (n)of Section 53313.5of the Mello-Roos Act isamended to read as follows: (n)In addition to any other facilities that may be financed pursuant to Section 53313.5, the District may finance the acquisition, construction, reconstruction, replacement, rehabilitation, expansion, upgrade and maintenance of any ConventionCenter Facilityas defined in CVMC 3.61.030. F.For purposes of this Chapter, the provisions of Section 53314.3 of the Mello-Roos Act areamended to read as follows (deletions are shownin strike-through text): In the first fiscal year in which a special tax or charge islevied for any facility or for any services in a community facilities district or a zone within a community facilities district, the legislative body shall include in the levy a sum sufficient to repay to the legislative body the amounts transferred to that district or zone pursuant to Section 53314. The amounts borrowed, with interest, shall be retransferred to the proper fund or funds from the first available receipts from the special levy in that district or zone. Notwithstanding the above provisions, the legislative body may, by a resolution adopted no later than the time of the first levy, extend the repayment of the transferred funds over a period of timenot to exceed three consecutive years, in which eventthe levy and each subsequent levy shall include a sum sufficient to repay the amount specified by the legislative body for the year of the levy. G.For purposes of this Chapter, the provisions of Section 53314.5 of the Mello-Roos Act areamended to read as follows (deletions areshown in strike-through text): Pursuant to a resolution adopted by the legislative body, the legislative body may appropriate any of its available moneys to a revolvingfund to be used for the acquisition of real or personal property, engineering services, or the construction of structures or improvements needed in whole or in part to provide one or more of the facilities of a community facilities district. The revolvingfund shall be reimbursed from tax revenues or other moneys available from the facilities district, and no sums shall be disbursed from the fund until the legislative body has, by resolution, established the method by, and termnot exceeding five years within, which the community facilities district is to reimburse the funds. The district shall reimburse the fund for any amount disbursed to the areawithin five years after such disbursement, together with interest as the current rate per annum 2019-04-16 Agenda Packet Page 37 of 197 Ordinance Page 10 received onsimilar types of investments by the legislative body as determined by the local agencys treasurer. H.For purposes of this Chapter, the provisions of Section 53314.6 of the Mello-Roos Act areamended to read as follows (deletions areshown in strike-through text): "(a)In connection with the financing of services and facilities pursuant to subdivision (f) of Section 53313 and subdivision (k) of Section 53313.5, the legislative body may establish a revolvingfund to be kept in the treasury of the district. Except as provided in subdivision (b), moneys in the revolvingfund shall be expended solely for the payment of costs with respect to those services and facilities. The revolvingfund may be funded from time to time with moneys derived from the following: (1)Proceeds from the sale of bonds issued pursuant to Article 5 (commencing with Section 53345), notwithstanding any limitation contained in Section 53345.3. (2)Any taxes or charges authorized under this Chapter. (3)Any other lawful source. (b)Subject to the provisions ofany resolution, trust agreement or indenture providing for the issuance of district bonds for the purposes set forth in subdivision (k) of Section 53313.5, the legislative body may withdraw money from the revolvingfund whenever and to the extent that it finds that the amount of money thereinexceeds the amount necessary to accomplish the purposes for which the fund was established. Any moneys withdrawn from the revolvingfund shall be used to redeem bonds of the district issued for the purposes set forthin subdivision (k) of Section 53313.5 or shall be paid to taxpayers in the district in amounts that the legislative body determines. I.For purposes of this Chapter, the provisions of Section 53314.9 of the Mello-Roos Act areamended to read as follows (deletions areshown in strike-through text): "(a)Notwithstanding Section 53313.5, at any time either before or after the formation of the district, the legislative body may accept advances of funds or work in-kind from any source, including, but not limited to, private person or private entities and may provide, by resolution, for the use of those funds or that work in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the local agency in creating a district. The legislative body may enter into an agreement, by resolution, with the person or entity advancing the funds or work in- kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work in- 2019-04-16 Agenda Packet Page 38 of 197 Ordinance Page 11 kind, as determined by the legislative body, with or without interest, under the following conditions: (1)The proposal to repay the funds or the value of cost of the work in- kind, whichever is less, is included both in the resolution of intention to establish a district adopted pursuant to Section 53321 and in the resolution of formation to establish the district adopted pursuant to Section 53325.1, or in the resolution of consideration to alter the types of public facilities and services provided within anestablished districted adopted pursuant to Section 53334. (2)Any proposed special tax or change in a special tax is approved by the qualified electors of the district pursuant to this chapter. Any agreement shall specify that if the qualified electors of the district do not approve the proposed special tax or change in a special tax, the local agency shall return any funds which have not been committed for any authorized purposes by the time of the election to the person or entity advancing the funds. (3)(1)Any work in-kind accepted pursuant to this section shall have been performed or constructed as if the work had been performed or constructed under the direction and supervision, or under the authority of, the localagency. (b)The agreement shall not constitute a debt or liability of the local agency. J.For purposes of this Chapter, the provisions of clause (a) of Section 53321 of the Mello-Roos Act areamended to read as follows (deletions are shown in strike- through text): "(a)State that a community facilities district is proposed to be established under the terms of this chapter and describe the boundaries of the territory proposed for inclusion in the district, which may be accomplished by reference to a map on file in the office of the clerk, showing the proposed community facilities district. The boundaries of the territory proposed for inclusion in the district shall include the entirety of any parcel subject to taxation by the proposed district. K.For purposes of this Chapter, the provisions of Section 53324 of the Mello-Roos Act areamended to read as follows (additions are shown in italics text and deletions are shown in strike-through text): "(a)If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the district, orthe owners of one-half or more of the area of the land in the territory proposed to be included in the district and not exempt from the special tax, file written protests against the establishment of the district, and protests are not withdrawn so as to reduce the value of the protests to 2019-04-16 Agenda Packet Page 39 of 197 Ordinance Page 12 less than a majority, such no furtherproceedings to create the specified community facilities district or to authorize the specified special tax shall be abandoned taken for a period of one year from the date of the decision of the legislative body. Notwithstanding the abandonment of the proceedings to create such specified community facilities district or to authorize such special tax pursuant to this Section 53324(a), new proceedings to create such specified community facilities district or to authorize such special tax may be initiated at any time thereafter. If the majority protests ofthe registered voters or ofthe landowners are only against the furnishing of a specified type or types of facilities or services within the district, or against levying a specified special tax, those types of facilities or services or the specified special tax shall be eliminated from the resolution of formation. Notwithstanding the elimination of such types of facilities or services or such specified special tax from the resolution of formation, new proceedings to authorize the furnishing of such types of facilities or services within the district or to authorize the levy of such specified special tax may be initiated pursuant to Article 3 of the Mello-Roos Act, as amended by this Chapter 3.61, at any time thereafter. (b)This section does not apply to the formation of a district pursuant to Section 53328.1. L.For purposes of this Chapter, the provisions of Section 53337 of the Mello-Roos Act areamended to read as follows (additions are shown in italics text and deletions are shown in strike-through text): If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the district, orthe owners of one-half or more of the area of the land in the territory included in the district and not exempt from the special tax file written protests against changing the public facilities or services financed by the district, those changes in the facilities or services shall be eliminated from the resolution ordering changes in the types of public facilities or services to be financed and the changes shall not be included in a resolution for a period of one year from the date of the decision of the legislative body on the hearing. Notwithstanding the elimination of such changes in the public facilities and services from the resolution ordering changes in the types of public facilities and services to be financed, new proceedings to consider ordering such changes in the types of public facilities and services may be initiated at any time thereafter. If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within thedistrict, orthe owners of one-half or more of the area of the land in the territory included in the district and not exempt from the special tax file written protests against the levying of any additional special taxes within the district, or against a proposed alteration to an existing special tax within the district, those changes shall be eliminated from the resolution and the changes 2019-04-16 Agenda Packet Page 40 of 197 Ordinance Page 13 shall not be included in a resolution for a period of one year from the date of the decision of the legislative body onthe hearing. Notwithstanding the elimination of such changes from the resolution, new proceedings to consider the levying of such additional special taxes or such alteration tosuch existing special tax may be initiated at any time thereafter. M.For purposes of this Chapter, the provisions of Section 53339.6 ofthe Mello-Roos Act areamended to read as follows (additions are shown in italics text and deletions are shown in strike-through text): If 50 percent or more of the registered voters, or six registered voters, whichever is more, residing within the existing community facilities district, or if 50 percent or more of the registered voters or six registered voters, whichever is more, residing within the territory proposed for annexation or proposed to be annexed in the future, or if the owners of one-half or more of the area of land in the territory included in the existing district and not exempt from special tax, or if the owners of one-half or more of the area of land in the territory proposed to be annexed or proposed to be annexed in the future and not exempt from the special tax, file written protests against the proposed annexation of territory to the existing community facilities district or the proposed addition of territory to the existing community facilities district in thefuture, and protests are not withdrawn so as to reduce the protests to less than a majority, the no further proceedings to annex the same territory, or to authorize the same territory to be annexed in the future, shall be abandoned undertaken for a periodof one year from the date of decision of the legislative body on the issues discussed at the hearing. N.For purposes of this Chapter, the provisions of Section 53345.3 are amended to read as follows (additions are shown in italics text and deletions are shown in strike-through text): The amount of the proposed 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 estimated costs of construction or acquisition of buildings, or both; acquisition of land, rights-of-way, water, sewer, or other capacity or connection fees; lease payments for school facilities,satisfaction of contractual obligations relating to expenses or the advancement of funds for expenses existing at the time the bonds are issued pursuant to this chapter; architectural, engineering, inspection, legal, fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the district estimated to be due and payable within twoyears such period of time of issuance of the bonds as shall be established by the City Council; 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. Bonds may not be issued pursuant to this chapter to fund any of the services specified in Section 53313; however, bonds may be issued to fund capital facilities to be used in providing these services. 2019-04-16 Agenda Packet Page 41 of 197 Ordinance Page 14 O.For purposes of this Chapter, the provisions of Section 53359.5(b)(13) of the Mello-Roos Act shall apply only to special taxes levied on the property tax rolls pursuant to CVMC 3.61.150. For all other special taxes, instead of the information required by Section 53359.5(b)(13), the City shall include in the report the same information with respect to the special taxes that it normally collects and reports regarding the Citys transient occupancy taxes. 3.61.080Authorized expenditures. A.Revenues from any special tax imposed under this Chaptermay be spent on the following: debt service; lease payments; cost of issuance of securities issued for the purpose of financing or refinancing the ConventionCenter Facilityand any other facilities authorized to be financed by the District; replenishment or funding of reserve funds established in connection with the issuance of debt (as defined in the Mello-Roos Act), administrative costs of the District; prepayment of such securities; direct costs of acquisition, planning, engineering, design, site preparation, and construction of the ConventionCenter Facilityand any other facilities authorized to be financed by the District; ongoing capital repairs and maintenance of the ConventionCenter Facilityand any other facilities authorized to be financed by the District; the costs of providing services and maintenance as authorized by the District and all incidental and administrative costs authorized by the Mello-Roos Actor the District. Revenuesfrom any such special tax received by the District in any fiscal year may, to the extent necessary, be accumulated and applied to the payment of authorized expenditures incurred in a future fiscal year. 3.61.090HearingContinuances. All hearings called for under the Mello-Roos Act shall be required by this Chapter, except that they may be continued from time to time without further notice, but shall be completed within two years of the original hearing date. For purposes of this Chapter, the mailing of notices as provided in Sections 53322.4 and 53346 and any other similar provisions of the Mello-Roos Act shall be made to the Landowners of properties that would not be exempt from the special tax if the proposed special tax were being currently levied as proposedin the resolution of intention. 3.61.100Election; Voter qualifications; Ballots. All election procedures set forth in the Mello-Roos Act shall apply to this Chapter, with the following exceptions: A.The qualified electors shall in all cases be the Landowners. B.The City Clerk shall in all cases be the election official. C.The Landowner-voters shall be those meeting the definition of Landowner as defined in CVMC 3.61.030 as of the close of the public hearing pertaining to the establishment of the District unless the City Clerk is informed, by reliable 2019-04-16 Agenda Packet Page 42 of 197 Ordinance Page 15 evidence, of a change in ownership after that time and prior to the election. In that event, the City Clerk shall, at the request of the new Landowner submitted with such evidence no later than 24 hours before the deadline for returning ballots, prepare a new ballot and deliver it to the new Landowner. The City Clerk shall also, in that event, accept and include in the canvass of the election the ballot submitted by the new Landowner rather than the ballot prepared for the former Landowner. D.Since the Landowner-voters are entitled to a secret ballot, and since ballots are required to contain the names of each Landowner and the number of votes each Landowner is entitled to cast, the City Clerk shall protect the confidentiality of the ballots. No person, other than those among the staff and consultants of the City who require access for the purposes of counting and canvassing the ballots, may have access to the ballots at any time, unless by order of a court of competent jurisdiction. 3.61.110Notice of special tax lien. A.For purposes of this Chapter, and to conform the language of the form of the notice of special tax lien contained in Section 3114.5 of the California Streets and Highways Code, the County Recorder shall index the notice of liens in the names of the property owners within the Districtwhose properties are not exempt from the special tax. B.Whenever a parcel of property in the District begins to be used as a Hotel or a Campsite, either for the first time or for a period of time when it was not so used, that property shall thereupon becomesubject to the special tax. The City Clerk shall prepare an amendednotice of special tax lien, or an amendment to the notice of special tax lien, that applies to and describes the new Hotel or Campsite property, as applicable, in accordance with the California Streets andHighways Code. The City Clerk shall arrange for recording of the document with the county recorder as provided in the California Streets and Highways Code. 3.61.120Application of special tax. A.Any special tax imposed pursuant to this Chaptershall be levied, in any year, only on property located within the District, other than the Resort Hotel property,for the use of suchproperty during such year as a Hotel or Campsite (or, as the case may be, levied on the leasehold or other possessory interest in a parcel which is owned by a public agency and being used as a Hotel or Campsite). B.Any special tax imposed on the Resort Hotel property pursuant to this Chapter shall be levied as provided for in the rate and method of apportionment of such special tax as applied to such property. 2019-04-16 Agenda Packet Page 43 of 197 Ordinance Page 16 3.61.130Special tax collected with transient occupancy tax. A.All special taxes imposed pursuant to this Chapter, other than the special tax imposed on the Resort Hotelproperty, shall be due and remitted with the Operators payment of the transient occupancy taxes as set forth in chapter3.40 of the CVMC. In the event that the Landowner is not the Operator, the Landowner shall cause the Operator to remit the special taxes imposed pursuant to this Chapterwith the Operators payment of the transient occupancy tax. Unlike chapter3.40, however, the special tax is not imposed on the Transient but is imposed on the real property containing the Hotel or Campsite or, as the case may be, on the leasehold or other possessory interest containing the Hotel or Campsite if the parcel or parcels containing the Hotel or Campsite are ownedby a public agency. The Operator may, but is not required to, add the special tax to, and collect it with, the Rent. Subjectto and as modified by the foregoing, the provisions of sections 3.40.040, 3.40.050, 3.40.070, 3.40.080, 3.40.090, 3.40.100, 3.40.110, 3.40.120, and 3.40.130 shall apply to any special tax levied pursuant to this Chapter. Despite the method of collection and administration, the special tax is distinct from the Citys transient occupancy tax and may be enforced, in the event of nonpayment, as provided in the Mello-Roos Act, including through a judicial foreclosure. B.Any special tax imposed on the Resort Hotel property pursuant to this Chapter, shall be due and remitted as provided for in the rate and method of apportionment of such special tax as applied to such property. 3.61.140Optional collection of delinquent special taxes on secured property tax roll. Any special taxes delinquent as of July 1 of any fiscal year, together with any penalties and interest accrued as of that date, may, at the option of the City Council, be placed on the secured property tax roll in that fiscal yearand be levied on the parcel for which such special taxes are delinquent, where it shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes. 3.61.150Compliance with this Chapter. Any proceedings taken, special tax levied or bonds issued pursuant to this Chaptershall not be held invalid for failure to comply with the provisions of this Chapterprovided such failure is not a constitutional defect. Section III.Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or 2019-04-16 Agenda Packet Page 44 of 197 Ordinance Page 17 unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV.Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted accordingto law. Presented byApproved as to form by _________________________________________________________________________ Kelly G. Broughton, FASLAGlen R. Googins Director of Development ServicesCity Attorney 2019-04-16 Agenda Packet Page 45 of 197 April 16, 2019File ID: 18-0275 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING THE CONTRACT FOR THE ADVERTISEMENT OF THE “STREET PAVEMENT REHAB PHASE II -MEASURE P (CIP# STL0430)” PROJECT TO EAGLE PAVING COMPANY, INC. DBA TORO ENGINEERING IN THE AMOUNT OF $8,977,371.26; AMENDING THE INFRASTRUCTURE, FACILITIES, AND EQUIPMENT EXPENDITURE PLAN; AND MAKING VARIOUS AMENDMENTS TO THE FY2018/19 OPERATING AND CIP PROGRAM BUDGETS AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY On March 6, 2019, the Director of Engineering and Capital Projects received six (6) sealed bidsfor the advertisement of the “Street Pavement Rehab Phase II -Measure P (CIP# STL0430)” project. The project consists of routine rehabilitation of failed asphalt for the street segments shown in Attachment 1and Attachment 2. On November 8, 2016, Chula Vista voters approved Measure P, authorizing a one-half cent sales tax increase on retail sales within the City for a period of ten (10) years to repair failed or failing assets throughout the city. Staff recommends (1) awarding the contract to Eagle Paving Company, Inc. dba Toro Engineering, (2) amending the Infrastructure, Facilities, and Equipment Expenditure Plan, and (3) making various amendmentsto the FY 2018/19 Capital Improvement Program (CIP) and appropriations needed to fund and awardthe project. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301(c) (Existing Facilities) of the State CEQA Guidelines. Thus, no further environmental review is necessary. BOARD/COMMISSION/COMMITTEERECOMMENDATION At the Citizens’ Oversight Committee (COC) meeting held on February 11, 2019, City staff presented the amended Infrastructure, Facilities and Equipment Expenditure Plan, which reflected year-to-date allocations. The COC reviewed the amended plan, the proposed allocations, and recommended it be taken v.001 Page|1 2019-04-16 Agenda Packet Page 46 of 197 to the City Council for approval. DISCUSSION On November 8, 2016,Chula Vista voters approved Measure P, authorizing a temporary sales tax increase withinthe City to fund projects focused on repairing failing infrastructure.A portion of the sales tax revenues generated are being allocatedto address failing residential pavement infrastructure assetsby re- paving, re-surfacing, and repairing neighborhood streets. The City of Chula Vista utilizes the Streetsaver Pavement Management System to establish a Pavement Condition Index (PCI) score between 0 and 100 for each street segment in the City. The PCI score represents the general condition of the pavement, with 0 being the worst “failed” condition and 100 being the “new”condition.The PCI score was utilized to identify failed (PCI-25) and failing (PCI 25-40) street segments that could be addressed using Measure P funding. On January 23, 2018, City Council passed Resolution No. 2018-014 to award CIP#STL0427, which was the first phaseof the pavement rehabilitation project and included street segments with PCI scores ranging from 0to 15.CIP #STL0430 is the second phaseand it includes street segments with PCIscores from 0to 34. During the design phase, Streetsaver projections confirmed that the overall City average PCI would reach and maintain higher scoresif all eligible streets were rehabilitated now instead of over the 10 year timeframefor Measure Pfunding. City staff presented a proposal tothe COCthat would allow inclusion of all of the remaining street segmentsin CIP STL0430. The proposal revised the funding plan to use currently available bond funds from other categories and, replenish thosecategories with the future funds that would have gone towards the pavement category. The overall 10 year funding level originally established for pavement projects did not increase. CIP STL0430 was developed with a base bid of street segments up to a PCI of 34 and an additive list of street segments up to a PCI of 40. This is done to allow the addition of street segments when the low bid is below the Engineers Estimate. A Contract Change Order would be processed to add the street segments to the contract using the available appropriated funds. The CIP STL0430 project was advertisedon January 25, 2019. The Director of Engineering and Capital projectsreceived and opened six (6) base bids for the project on March 6, 2019, as follows (listed in numerical order of bid total amount): RANKINGCONTRACTORBID AMOUNT 1Eagle Paving Company Inc. dba Toro Engineering$8,977,371.26 2Ramona Paving & Construction Corp.$11,213,082.69 3SRM Contracting and Paving$11,829,997.84 4Hazard Construction Company$12,493,956.44 5ATPGeneral Engineering Contractors, LLC$14,875,504.32 6Hardy & Harper, Inc$16,325,297.54 Page|2 2019-04-16 Agenda Packet Page 47 of 197 During Staff’sreview of the bid proposals received, a minor computational error was discovered that resulted in an administrative adjustment in accordance with the bid specificationsto Eagle Paving Company, Inc. dba Toro Engineering’s original base bid amount . The administrative adjustment to the base bid amount did not change the lowest responsive bidder for the project. The original and adjusted base bid amounts are as follows: EAGLE PAVING COMPANY INC. BID AMOUNT DBA TORO ENGINEERING Original$8,977,279.21 Adjusted$8,977,371.26 Paving Company Inc. dba Toro Engineeringhas acknowledged the minor computational error in their bid proposal and indicated that they will honor the adjusted base bid amount (Attachment 3). The adjusted apparent low bid by Eagle Paving Company, Inc. dba Toro Engineeringof $8,977,371.26is $2,405,168.74 (approximately 21%) below the Engineer’s estimate of $11,382,539.38. Eagle Paving Company, Inc. dba Toro Engineering is currently an active licensed Class “A”, General Engineering Contractor (License No. 944939) and has performed similar work in the City and the region with satisfactory performance.All listed sub-contractor’s licensesare also current and active. Staff has reviewed Eagle Paving Company, Inc. dba Toro Engineering bid package, and determined them to be a responsible and responsive bidder; therefore, staff recommends awarding STL0430to Eagle Paving Company, Inc. dba Toro Engineering. Since the low bid is below engineer’s estimate, there is an opportunity to include the additional street segments as part of this contract. City staffwill negotiate a contract change order with the contractor after the award. If all additional street segments can be included in this project, all residential street segments that had previously been identified with PCI scores below 40 will have been rehabilitated. Attachment 1 and Attachment 2 identify the street segments for CIP STL0430. Infrastructure, Facilities and Equipment Expenditure Plan The City Council adopted the Infrastructure, Facilities and Equipment Expenditure Plan (Plan) on December 6, 2016, relating to the expenditure of the Measure P Sales Tax. As mentioned above, some other Measure P projects are in a longer design phase and do not need construction fundingat this time. Staff is requesting various amendments to the FY 2018/19 CIP budget to accelerate delivery of street pavement rehabilitation on residential streets.The amendments only revise the timing of funding availability for the various categories and do not alter the categories total projected funding amount. The amended amounts (reduction in current year) for the various categories would be reallocated (increased to original amount) in the futurefrom revenue that had been set for street pavement rehabilitation.The amended Plan and various expenditure categoriesaresummarized below. Page|3 2019-04-16 Agenda Packet Page 48 of 197 PRIORFY 2018-19 MEASURE PREQUESTEDNEW FY 2018-19 ITEM DESCRIPTIONDEPARTMENT ALLOCATIONADJUSTMENTALLOCATION Fire Station 2 Fueling Tank Replacement (GGV0242)Fire$738,617$(738,340)$ 277 Recreation & Senior Centers Repairs (GGV0233)Public Works $5,000,000$(1,500,000)$3,500,000 Civic Center and South Libraries (GGV0231)Public Works $3,000,000$(1,000,000)$2,000,000 Public Building Repairs (GGV0234)Public Works $5,536,000$(1,857,788)$3,678,212 Sports Courts and Fields (PRK0327)Public Works $4,500,000$(1,000,000)$3,500,000 Park Infrastructure (PRK0326)Public Works $5,900,000$(2,000,000)$3,900,000 Sidewalk Replacement (STL0428)Eng & Capital Proj$2,500,000$(850,000)$1,650,000 CMP Rehab Outside ROW (DRN0209)Eng & Capital Proj$1,571,000$(150,000)$1,421,000 Street Pavement Rehab Phases I/II (STL0427/STL0430)Eng & Capital Proj$15,882,566$8,592,295$24,474,861 Traffic Signal Systems- Fiber Network (TRF0408)Eng & Capital Proj$3,000,000$2,000,000$5,000,000 Citywide Telecommunications (GGV0237)ITS$2,000,000$155,602$2,155,602 CMP Rehab Outside ROW (DRN0209)*Eng & Capital Proj$1,421,000$(165,000)$1,256,000 CMP Rehab Outside ROW Phase II (DRN0211)*Eng & Capital Proj$5,189,000$165,000$5,354,000 TOTALS$56,238,183$1,651,769$57,889,952 *Includes adjustment to move funds to Phase II. Change Orders On May 9, 2017, City Council approved Resolution 17-0174 to adopt ordinance (Ord. 3400 § 1, 2017) of the City of Chula Vista and amend Chapter 2.56 of the Chula Vista Municipal Code –“Purchasing System”. This ordinance amends the change order limits and authorizes the City Engineer to approve change orders up to the remaining CIP budget available for the CIP project. Wage Statement The Contractor and its subcontractors are required by bid specifications to payprevailing wage (“Prevailing Wage Rates”) to persons employed by them for work under this Contract. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the City of Chula Vista has ascertained the general prevailing wage scales applicable to the work to be done. The prevailing wage scales are those determined by the Director of Industrial Relations, State of California. Disclosure Statement Attachment 4isa copy of the Contractor’s Disclosure Statement. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that Mayor Salas and Councilmembers McCann, Diaz, and Galvez havepropertyholdings within 500 feet of the boundaries of the property which is the subject of this action. However, the decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities, and the members’ property will not be affected disproportionately to other properties receiving the same services. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(d)(1)), this item does not present a real property-related conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Page|4 2019-04-16 Agenda Packet Page 49 of 197 Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of the resolution will (1) initiate the construction phase of STL0430, (2) amend the Infrastructure, Facilities, and Equipment Expenditure Plan, and (3) amend the FY 2018/19 Operating and Capital Improvement Program budgetsto add funding from various CIPs and fund balance to the amended Infrastructure, Facilities and Equipment Expenditure Plan, accelerating the repair and replacement of critical assets. The following is a summary of anticipated project costs for bid: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $8,977,371.26 B. Additional Funds for Additional Locations (Attachment 2) $2,710,513.21 $1,402,547.00 C. Contingencies (Approx. 12% of Contract Amount and Additional Funds) D. Construction Management(Consultant), Staff Time, Material $1,928,501.00 Testing & Other Costs (Approx. 16.5%of Contract Amount and Additional Funds) TOTAL FUNDS REQUIRED FOR CONSTRUCTION$15,018,932.47 AVAILABLE FUNDING $8,131,148.00 A. Project Budget (Measure P Funds) $6,887,784.47 B. Additional to Award (Measure P Funds) TOTAL FUNDS AVAILABLE FOR CONSTRUCTION$15,018,932.47 ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City street maintenance. Since the improvements are anticipated to increase the life of the streets included, there should be a positive long term fiscal impact. ATTACHMENTS 1. List of Locations (included in bid –contract amount) 2. Contractors Letter of Acknowledgment (for minor computational error) 3. Contractor’s Disclosure Statement 4. List of Additional Locations (included in additional funds) 5. Infrastructure, Facilities and Equipment Expenditure Plan (Jan 2019Revision) Staff Contact: Claudia Estupinan, Associate Engineer Page|5 2019-04-16 Agenda Packet Page 50 of 197 RESOLUTION NO. 2019-_______ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS; AWARDING THE CONTRACT FOR THE ADVERTISEMENT OF THE STREET PAVEMENT REHAB PHASE II -MEASURE P(CIP# STL0430) PROJECT TO EAGLE PAVING COMPANY, INC. DBA TORO ENGINEERINGIN THE AMOUNT OF $8,977,371.26;AMENDINGTHEINFRASTRUCTURE, FACILITIES, AND EQUIPMENT EXPENDITURE PLAN; AND MAKING VARIOUS AMENDMENTS TO THE FY2018/19 OPERATING AND CIP PROGRAM BUDGETS AND APPROPRIATING FUNDSTHEREFOR (4/5 VOTE REQUIRED) WHEREAS,Chapter 2.56 of the Chula Vista Municipal Code authorizes the City to contract for public works; and WHEREAS, the City Engineer or designee approved the plans and specifications for construction of the STREET PAVEMENT REHAB PHASE II -MEASURE P(CIP# STL0430)project(Project) in accordance with,and to the extent provided by City Council Resolution 2018-160; and WHEREAS, onJanuary 25, 2019, the Department of Engineering and Capital Projects solicited bids for the advertisement of the Project in accordance with Chula Vista Municipal Code section 2.56.160.A; and WHEREAS, on March 6, 2019, the Director of Engineering and Capital Projects received six (6)sealed bids forthe Project; and WHEREAS,the apparent low bid for the Project was submittedby EAGLE PAVING COMPANY, INC. DBA TORO ENGINEERINGin the amount of $8,977,371.26, which is below the engineers estimate of $11,382,539.38by $2,405,168.74(approximately 21%below the engineers estimate); and WHEREAS,staff has determined that the bid submitted by EAGLE PAVING COMPANY, INC. DBA TORO ENGINEERINGis responsive in all material respects to the bid specifications/requirements, and that EAGLE PAVING COMPANY, INC. DBA TORO ENGINEERINGis the lowest responsible bidder; and WHEREAS, staff recommends awarding the contract toEAGLE PAVING COMPANY, INC. DBA TORO ENGINEERINGin the amount of $8,977,371.26; and 2019-04-16 Agenda Packet Page 51 of 197 WHEREAS, on November 8, 2016 the People of the City of Chula Vista approved Measure P authorizing a one-half cent sales tax on retail sales within the City for a period of ten (10) years; and WHEREAS, the spending plan, The City Council Infrastructure, Facilities and Equipment Expenditure Plan (Expenditure Plan) has been updated to reflect, where necessary, the ratification of Measure P; and WHEREAS, per the Ordinance, Section 3.33.160.A all revenue generated by the tax shall be accounted for in the General Fund as a separate line item and will then be transferred to a General Fund subfund entitled Measure PSales Tax Fund; and WHEREAS, as required in the Ordinance, Section 3.33.160.A staff has created the 2016 Measure P Sales Tax Fund (Fund 201)for the purpose of accounting for all revenues and expenditures of Measure P monies; and WHEREAS, the recommended fiscal year 2018/19 Operating and CIP Program budget amendments are all eligible items approved as part of the Expenditure Plan; and WHEREAS, the recommended adjustments to the 2016 Measure P Sales Tax Fund consist of additional current year expenditures in excess of projected revenues to be funded from fund balance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it awards the contract for the STREET PAVEMENT REHAB PHASE II -MEASURE P (CIP# STL0430)projectto EAGLE PAVING COMPANY, INC. DBA TORO ENGINEERING in the amount of $8,977,371.26. BE IT FURTHER RESOLVED by the City Councilof the City of Chula Vista that it amends the fiscal year 2018/19 operating and capital improvement program budgets for the following appropriations: Summary of Operating Budget Amendments DEPARTMENT/FUNDOTHER CAPITALCIPTOTAL EXPENSETOTAL REVENUENET COST Measure P Sales Tax Fund$ (1,350,000)$1,651,769$301,769$-$301,769 TOTAL$ (1,350,000)$1,651,769$301,769$-$301,769 2019-04-16 Agenda Packet Page 52 of 197 Resolution No. Page 3 Summary of CIP Program Budget Amendments PROJECTPROJECT DESCRIPTIONAMOUNT GGV0242Fire Station 2 Fueling Tank Replacement (Measure P)$(738,340) GGV0233Recreation & Senior Centers Repairs (Measure P)$(1,500,000) GGV0231Civic Center and South Libraries (Measure P)$(1,000,000) GGV0234Public Building Repairs (Measure P)$(1,857,788) PRK0327Sports Courts and Fields (Measure P)$(1,000,000) PRK0326Park Infrastructure (Measure P)$(2,000,000) STL0428Sidewalk Replacement (Measure P)$(850,000) DRN0209CMP Rehab Outside ROW (Measure P)$(150,000) STL0430Street Pavement Rehab Phase II (Measure P)$8,592,295 TRF0408Traffic Signal Systems- Fiber Network (Measure P)$2,000,000 GGV0237Citywide Telecommunications (Measure P)$155,602 DRN0209CMP Rehab Outside ROW (Measure P)$(165,000) DRN0211CMP Rehab Outside ROW Phase II (Measure P)$165,000 TOTAL CIP PROGRAM ADJUSTMENTS$1,651,769 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes the mayor, or designee, to execute the project contract on behalf of the City of Chula Vista, and directs a copy to be kept on file with the City Clerk. PresentedbyApproved as to form by William S. ValleGlen R. Googins Director of Engineering and Capital ProjectsCity Attorney 2019-04-16 Agenda Packet Page 53 of 197 ATTACHMENT 1 3/20/2019 STREET PAVEMENT REHAB PHASE II - MEASURE P (CIP# STL0430) LIST OF LOCATIONS LOCATION LOCATION COUNTPCI ID STREET BEGINEND SEE PLATS FOR LOCATION LIMITS BASE BID LOCATIONS 1 10 E PARK LN400FT S/O F ST550FT S/O F ST 2 22MINOT AVMITSCHER STMURRAY ST 3 33 E PARK LNSIERRA WYL ST 4 44WESTMONT CTWCDSCAMINO ELEVADO 5 56 REDLANDS PLNCDSBAYLOR AVE 6 66E PARK LNEND OF STREETHALSEY ST 7 78 HAMPTON CTWCDSBRISTOL CT 8 8827TH STMAIN STFAIVRE ST 9 99 AUSTIN CTREDLANDS PLSCDS 10 1010CORTE MARIA AVCDSG ST 11 1110 BRISBANE STN FOURTH AVETROUSDALE DR 12 1210WOODLAWN AVE STBAYFRONT STATION 13 1311 WOODLAWN AVBAYFRONT STATIONF ST 14 1412DORAN CTDORAN CTCDS 15 1512 SEA VALE CTCDSDATE AVE 16 1612PASEO MAGDAPASEO RANCHOREGULO PL 17 1713 HALSEY STSECOND AVEMINOT AVE 18 1813PEPPERWOOD CTOAK VIEW TESCDS 19 1913 SOUTH POINT DRSUNNY CREST LNECDS 20 2014MONTERA CTTERRA NOVA DRECDS 21 2114 ALPINE AVMOSS STNAPLES ST 22 2215RIDGEWATER DREASTLAKE DRWATERSIDE DR 23 2315 VISTA WYCDSDORAN CT 24 2415REISLING TEN CDSHILLSIDE DR 25 2515 DOROTHY STFRONTAGE RDINDUSTRIAL BL 26 2615REED CTBRITTON AVS END 27 2715 PACIFIC AVBAY BLANITA ST 28 2816CALLE FLORECITABAYONA LPN RANCHO DEL REY PW 29 2916 COLTRIDGE LNTRAILRIDGE DRCORRAL CANYON 30 3016ADA STBAY BLFRONTAGE RD W 31 3117 CITADEL CTW CDSRUTGERS AV 32 3217KING STSECOND AVEFIRST AVE 33 3318 CRESTA WYHILLTOP DRN END 2019-04-16 Agenda Packet Page 54 of 197 3/20/2019 STREET PAVEMENT REHAB PHASE II - MEASURE P (CIP# STL0430) LIST OF LOCATIONS LOCATION LOCATION COUNTPCI ID STREET BEGINEND SEE PLATS FOR LOCATION LIMITS 34 3418DESIGN CTW CDSMAXWELL RD 35 3519 NEW HAVEN DRHARTFORD STHAMDEN DR 36 3619LAS FLORES DRN CDSD ST 37 3719 ANITA ST420FT E/O JAYKEN WYSILVAS ST 38 3820SHASTA STFIRST AVEECDS 39 3920 COUNTRY VISTAS LNCORRAL CANYON RDECDS 40 4020RIDGE CREEK DRWCDSFORESTER LN 41 4121 MADRONA STSECOND AVEELM AVE 42 4222CYPRESS STDEL MAR AVESECOND AVE 43 4322 FIRST AVPROSPECT STQUINTARD ST 44 4422MEDICAL CENTER CTCAMINITO TIVOLIE PALOMAR ST 45 4523 CORTE MARIA AVFLOWER STE ST 46 4623KENT STSTANFORD AVLEHIGH AV 47 4723 DAVIDSON STBROADWAYEAST PARK LANE 48 4823HIDDEN VISTA DRKRISTA CTE H ST 49 4924 MESA GRANDE PLN CDSTIERRA BONITA PL 50 5024STONERIDGE CTCAMINO ELEVADOECDS 51 5225 E I STROBERT AVEEND OF STREET 52 5325MELROSE AVMYRA AV450FT S/O MYRA AV 53 5425 SHEFFIELD CTEND OF STREETMELROSE AVE 54 5525ALMONTE PLNCDSLA CRESCENTIA AVE 55 5625 WALNUT AVN CDSPALOMAR ST 56 5725E PARK LNHALSEY STJ ST 57 5814 ELISE STPACIFIC AVFRONTAGE RD W 58 59NASPRUCE RDWALNUT DRMAPLE DR 59 60NA MAPLE DRNCDSSPRUCE RD 60 618JOSSELYNE ONEIDA STE PALOMAR ST 61 6212 NOVA WYMELROSE AVMISSION AV 62 634BAYONA LPN RANCHO DEL REY PW100FT S/O CALLE FLORECITA 63 64NA OAKLAWNI STJ ST 64 65NACUYAMACA AVE SIERRA WYL ST 65 20026 DEL MAR AVF STCYPRESS ST 66 20126DIAMOND CTE NAPLES STDIAMOND DR 67 20226 FESTIVAL CTW CDSHILLTOP DR 2019-04-16 Agenda Packet Page 55 of 197 3/20/2019 STREET PAVEMENT REHAB PHASE II - MEASURE P (CIP# STL0430) LIST OF LOCATIONS LOCATION LOCATION COUNTPCI ID STREET BEGINEND SEE PLATS FOR LOCATION LIMITS 68 20326JASON PLCDSGARRETT AVE 69 20426 PATRICIA AVF STCDS 70 20526RED HILL LNCHERRY HILLS LNSCDS 71 20626 STANFORD AVGOTHAM STBUCKNELL ST 72 20726TIERRA BONITA PLBUENA VISTA WYMESA GRANDE PL 73 20826 TWIN OAKS AVF STCYPRESS ST 74 20926ZINFANDEL TECABERNET DRPORT CLARIDGE 75 21027 FALLBROOK CTWCDSACACIA AVE 76 21127GLOVER AVE STDAVIDSON ST 77 21327 YUBA DRBRISTOL CTE H ST 78 21428CABERNET DRN CDSGAMAY TE 79 21528 CANYON CTWCDSCANYON DR 80 21628CHURCH AVG STEND OF STREET 81 21728 DEL MONTE AVZENITH STMAIN ST 82 21828FRIAR PLBISHOP STS CDS 83 21928 MILLER DREASTLAKE PWBOSWELL CT 84 22028PRIMROSE PLHILLTOP DRCDS 85 22128 RIVERCREEK CTROLLING RIDGE RDW CDS 86 22228THORNTON RDFORESTER LNCORRAL CANYON 87 22329 CHANTEL CTWOODHOUSE DRECDS 88 22429CIMA DEL REYWCDSRANCHO DEL REY PKWY 89 22529 FIG AVKEARNEY STS END 90 22629MITSCHER STMINOT AVEFIRST AVE 91 22729 NIXON PLN DEL MAR AVECDS 92 22829PEARLWOOD STSPRUCE STMOUNTAIN VIEW LN 93 22929 SHASTA STTWIN OAKS AVESECOND AVE 94 23029SKYLARK WYN CDSTEAL ST 95 23130 ARIZONA STBROADWAYE END 96 23230CARLOS CANYON DRABETO DRAVENIDA DEL REY 97 23330 CHURCH AVE STDAVIDSON ST 98 23430D ST275FT E/O LAS FLORES DR150FT E/O LAS FLORES DR 99 23530 DATE AVSIERRA WYL ST 100 23630ELM AVI STCDS 101 23730 HARTFORD STHAMDEN DRLAKESHORE DR 2019-04-16 Agenda Packet Page 56 of 197 3/20/2019 STREET PAVEMENT REHAB PHASE II - MEASURE P (CIP# STL0430) LIST OF LOCATIONS LOCATION LOCATION COUNTPCI ID STREET BEGINEND SEE PLATS FOR LOCATION LIMITS 102 23830REDLANDS PLBAYLOR AVESCDS 103 23930 SAN MIGUEL DRFOURTH AVE CDS 104 24030SPRUCE STN CDSPEARLWOOD ST 105 24130 TWIN OAKS AVE STDAVIDSON ST 106 24231BONITA GLEN DRBONITA RDALLEY 107 24331 CRESTVIEW DRNCDSSCDS 108 24431DEL MONTE AVN ENDMONTGOMERY ST 109 24531 DEL MONTE AVMONTGOMERY STZENITH ST 110 24631E PARK LNDAVIDSON STF ST 111 24731 JADE AVJASPER AVTOURMALINE ST 112 24831LAUREL AVWISTERIA STHEATHER CT 113 24931 QUINCE PLNOLAN AVNAPA CT 114 25031ROSEMARY PLFLOWER STCDS 115 25131 SATINWOOD WYSATINWOOD CTOLEANDER AV 116 25231STALLION PLSURREY DRSCDS 117 25332 CALLE LAGASCANCDSHUERTO PL 118 25432CORTE MARIA AVD STFLOWER ST 119 25532 GUAVA AVKEARNEY STS END 120 25632HALLEY CTDIAMOND DRE CDS 121 25732 MEDICAL CENTER CTMEDICAL CENTER DRCAMINITO TIVOLI 122 25832ROSAL CTWCDSPASEO ROSAL 123 25932 SANDSTONE STW CDSMALTA AV 124 26032THERESA WYE QUEEN ANNE DRE EMERSON ST 125 26132 TWIN OAKS AVDAVIDSON STF ST 126 26233ALEJANDRA PLNCDSCALLE FLORECITA 127 26333 BRIGHTWOOD AVFLOWER STE ST 128 26433BRISTOL CTWCDSHAMPTON CT 129 26533 CABERNET DRGAMAY TEZINFANDEL TE 130 26633COE PLSTANFORD AVE CDS 131 26733 CORTE HELENA AVCDSE ST 132 26833D STTHIRD AVEW MOUNTAIN VIEW DR 133 26933 GREENWOOD PLCAMINO ELEVADOECDS 134 27033JEFFERSON AVNCDSE ST 135 27133 KEARNEY STFIFTH AVBRIGHTWOOD AV 2019-04-16 Agenda Packet Page 57 of 197 3/20/2019 STREET PAVEMENT REHAB PHASE II - MEASURE P (CIP# STL0430) LIST OF LOCATIONS LOCATION LOCATION COUNTPCI ID STREET BEGINEND SEE PLATS FOR LOCATION LIMITS 136 27233MACE STMAIN STBRITTON AV 137 27333 RIDGEVIEW WYOTAY LAKES RDCAMINO ELEVADO 138 27433SEA VALE STTHIRD AVEDELMAR AVE 139 27533 SHASTA STTHIRD AVETWIN OAKS AVE 140 27633THRUSH STROBIN PLOLEANDER AV 141 27734 CORDOVA CTWCDSCORDOVA DR 142 27834EMERSON STTHIRD AVDEL MAR AV 143 27934 FIRST AVFLOWER STE ST 144 28034MURRAY STSECOND AVECDS 145 28134 OLIVE AVSEQUOIA STTALLOW CT 146 28234REDWING RDRAVEN AVOLEANDER AV 147 28334 SIERRA WYCEDAR AVFIFTH AV 148 28434SMITH AVG STROOSEVELT ST 149 28534 SPRUCE STPEARLWOOD STMAPLE CT 2019-04-16 Agenda Packet Page 58 of 197 ATTACHMENT 3 2019-04-16 Agenda Packet Page 59 of 197 2019-04-16 Agenda Packet Page 60 of 197 2019-04-16 Agenda Packet Page 61 of 197 2019-04-16 Agenda Packet Page 62 of 197 2019-04-16 Agenda Packet Page 63 of 197 ATTACHMENT 4 2019-04-16 Agenda Packet Page 64 of 197 2019-04-16 Agenda Packet Page 65 of 197 ATTACHMENT 2 3/20/2019 STREET PAVEMENT REHAB PHASE II - MEASURE P (CIP# STL0430) LIST OF LOCATIONS LOCATION LOCATION COUNTPCI ID STREET BEGINEND SEE PLATS FOR LOCATION LIMITS ADDITIONAL LOCATIONS (SEE NOTE) 150 28635 CALLE LAGASCAHUERO PLSCDS 151 28735DAVIDSON STLANDIS AVEDELMAR AVE 152 29235 PORT RENWICKCORRAL CANYON RDHILLSIDE DR 153 29435QUINCE PLNAPA CTNACION AV 154 29635 STANFORD AVN CDSGOTHAM ST 155 30236MADRONA STDEL MAR AVESECOND AVE 156 30336 MELROSE AVCDSSHEFFIELD CT 157 31238D STW MOUNTAIN VIEW DRSECOND AVE 158 31538 OLIVE CTN CDSSEQUOIA ST 159 33039OCALA AVSATINWOOD WYSEQUOIA CT 160 33140 DIAMOND DRSW CDSSUNDROP CT 161 33340HAMDEN DRW CDSNEW HAVEN DR 162 33440 LAUREL AVAZALEA STWISTERIA ST 163 32039CAMINO ELEVADO1017 FT S OF GREENWOOD PL #401SCDS 164 28935 HILLTOP DRCDSD ST 165 29135PALM DR1226 FT S/O BONITA RD2246 S/O BONITA RD 166 29335 PORT STIRLINGPORT CARDIFFS CDS 167 29535SAN MIGUEL CTSECOND AVE CDS 168 29735 SUNDANCE CTSUNDOWN LNE CDS 169 29835TANBARK STOCALA AVOLEANDER AV 170 29935 WHITE HORSE CTWCDSCANYON RIDGE DR 171 30036BONITA CANYON DRSCDSCOUNTRY VISTA LN 172 30136 HOLIDAY CTW CDSHILLTOP DR 173 30436TWIN OAKS AVKEARNEY STK ST 174 30536 VANCE STFOURTH AVEE CDS 175 30636WHITE BIRCH DRNCDSCOUNTRY VISTA LN 176 30736 WOODGLEN TENCDSBONITA CANYON RD 177 30837BRIDGEPORTWATERBURYWATERBURY 178 30937 EMERSON STFIFTH AVE CDS 179 31037PLAZA CTMALL ENTRANCEPASEO DEL REY 180 31137 WAGONWHEEL WYECDSSURREY DR 181 31338GARRETT AVI STMITSCHER ST 182 31438 MONTGOMERY STFOURTH AVFRESNO AV 2019-04-16 Agenda Packet Page 66 of 197 3/20/2019 STREET PAVEMENT REHAB PHASE II - MEASURE P (CIP# STL0430) LIST OF LOCATIONS LOCATION LOCATION COUNTPCI ID STREET BEGINEND SEE PLATS FOR LOCATION LIMITS 183 31638 PALM AVOTAY VALLEY RDVALLEY AV 184 31738POINSETTIA STLANTANA AVCARISSA AV 185 31838 WATERBURYWATERBURY CIRLAKESHORE DR 186 31938WISTERIA STOLEANDER AVLANTANA AV 187 32139 CENTER STFIRST AVEROSEVIEW PL 188 32239GARRETT AVPARK WAYG ST 189 32339 INKOPAH STGUATAY AVMONSERATE AV 190 32439LAKESHORE DREASTSHORE TEEASTLAKE DR 191 32539 LANDIS AVD STE ST 192 32639LOMA LNORANGE AVS CDS 193 32739 LYNWOOD DRBONITA RD131FT S/O BONITA RD 194 32939MARIGOLD PLFLOWER STCDS 195 33240 ELKHORN CTCUMBRE VIEWECDS 196 33540ORSETT STORDVIEW CTORDE CT 197 33640 SHIRLEY STN DEL MAR AVEN SECOND AVE NOTE: LOCATIONS ADJACENT OR CONSECUTIVE TO A LOCATION ALREADY INCLUDED IN CONTRACT WILL BE CONSIDERED OF HIGHER PRIORITY. "ADDITIONAL LOCATIONS" LIST SHOWS THE PREFERRED ORDER OF PRIORITY. 2019-04-16 Agenda Packet Page 67 of 197 2019-04-16 Agenda Packet Page 68 of 197 April 16, 2019File ID: 19-0056 **If you copy & paste text into this template, paste *TEXT ONLY* to maintain formatting. ** TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTINGA LIST OF PROJECTS FOR FISCAL YEAR 2019-20FUNDED BY SB 1: THE ROAD REPAIR ANDACCOUNTABILITY ACT OF 2017 (RMRA) RECOMMENDED ACTION Council adoptsthe resolution. SUMMARY Pursuant to the Streets and Highways Code (SHC) Section 2034(a)(1), prior to receiving an apportionment of RMRA funds from the State Controller in a fiscal year, a city must submit to the Commission a list of projects proposed to be funded with these funds. Staff is requesting that the City Council approve the City’s RMRA Project List for Fiscal Year 2019-20. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewedthe proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Road Repair and Accountability Act of 2017 (SB1) established the Road Maintenance and Rehabilitation Account (RMRA) which provided new funds to cities and counties throughout California to use for street maintenance and rehabilitation. SB1 increasedper gallon fuel excise taxes, diesel fuel sales taxes and vehicle registration taxes, stabilizedthe fuel tax rates and providedfor inflationary adjustments to rates in future years. v.001 Page|1 2019-04-16 Agenda Packet Page 69 of 197 . Required Annual Authorization The RMRA local streets and roads allocations are intended to be focused on improving the overall condition of the municipality’s pavement condition. Once a municipality reaches anaverage Pavement Condition Index (PCI) of 80, other transportation related projects could be proposed. Specific reporting requirementsare required to receiveRMRAfunding specifically,“prior to receiving RMRA funds in a fiscal year, a city or county must submit to the California Transportation Commission (CTC) a project list pursuant to an adopted budget. The list must include for each project: description, location, schedule and useful life.” The list along with a Council resolution of approval is due to the CTC by May 1, 2019. The proposed project list for FY2019-20 (Attachment 1) includes 95 street segments consisting of poor condition arterial and collector streets with PCI ratings between 22 and 50 (rehabilitation strategies) as well as goodcondition residential streetswith PCI ratings between 73 and 77 (preventative maintenance strategies). The City of Chula Vista’s PCI is currently 74. The overall PCI is projected to increase as this and other paving projects associated with Measure P and Transnetfundingare completed. The RMRA estimate for FY2019-20is $4,427,612which will be programmed with the upcoming adoption of the City’s FY2019-20CIP Program. The RMRA also requires that cities and counties submit an annual report of project completion for projects funded by the RMRA. The annual report will provide details on the projects completed to date and any updates to the original listing. The previously proposed and adopted FY2018-19 STM0395 and STM0396 projects are currently in construction and design phases respectively. Maintenance of Effort \[Streets and Highways Code Sec. 2036\] The RMRA contains localagency maintenance of effort (MOE) requirement that applies to funds allocated through the RMRA. Similar to the existing requirements for the Gas Tax and TransNet, the MOE requirement ensures that these new funds do not supplant existing levels of city and county discretionary revenuespending on streets and roads. For RMRA, cities and counties must maintain discretionary fund spending for street, road, and highway purposes at no less than the average of 2009-10, 2010-11, and 2011-12 fiscal years, excluding one-time funds. The RMRA MOE for Chula Vista is $4,515,412 (Attachment 2). The City anticipates meeting the MOE requirement for FY2019-20. The State Controller may perform audits to ensure compliance with these MOE rules. If the State Controller determines that a city or county has not met its’ MOE, the agency will be required to reimburse the state for the funds it received during that fiscal year, although the agency may expend during that fiscal year and the following fiscal year a total amount that is sufficient to comply. Any funds withheld or returned as a result of a failure to comply will be reapportioned to the other counties and cities whose expenditures are in compliance. Due to this requirement, the City established aseparate account for RMRAfunds within the Gas Tax Account. Page|2 2019-04-16 Agenda Packet Page 70 of 197 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council membersand has found that Mayor Salas and Council Member McCannhaveproperty holdings within 500 feet of the boundaries of the property which is the subject of this action. However, the decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities, and the member’s property will not be affected disproportionately to other properties receiving the same services. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(d) (1)), this item does not present a real property-related conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The goal of the RMRA Major Pavement Rehabilitation project is to support the Strong and Secure Neighborhood strategy identified in the City’s Strategic Plan. The maintenance and rehabilitation of public infrastructure is a key City function in providing a safe and efficient roadway system for residents, businesses and visitors alike. CURRENT-YEAR FISCAL IMPACT The RMRA allocations are distributed monthlybeginning on January 1, 2019. Funding of$4,427,612will be programmed as part of the FY2019-20CIP Program. ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City street maintenance. Since the improvements are anticipated to increase the life of the streets included, there should be a positive long-termfiscal impact. ATTACHMENTS 1.RMRA Project Listfor Fiscal Year 2019-20 2.Local Streets and Roads –Projected Revenues 3.RMRA MOE FY10, 11, 12 Staff Contact: Patrick Moneda, Senior Civil Engineer **ONCE COMPLETE: -Delete any remaining highlighted instructions (including these). -Formatting: Cambria, 11 pt font, all text justified. Page|3 2019-04-16 Agenda Packet Page 71 of 197 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2019-20FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (RMRA) WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, pursuant to the Streets and Highways Code (SHC) section 2034(a)(1), the City must adopt a list of all projects proposed to receive funding from RMRA, created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the projects completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $4,427,612in RMRA funding in Fiscal Year 2019-20from SB 1; and WHEREAS, this is the thirdyear in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our communitys transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communitys priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitateninety- five streets/roadsthroughout the City this year and hundreds of similar projects into the future; and WHEREAS, the 2018California Statewide Local Streets and Roads Needs Assessment found that the Citys streets and roads are in a good condition and this revenue will help City increase the overall quality of its road system and over the next decade will bring City streets and roads into anexcellent condition; and 2019-04-16 Agenda Packet Page 72 of 197 WHEREAS, the Citys RMRA project list for FY2019-20consists of poor condition arterial and collector streets as well as good condition streets; all functional class streets except alleys (Exhibit A);and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. NOW, THEREFOREIT IS HEREBYRESOLVED, ORDERED AND FOUNDby the City Council of the City of Chula Vista, State of California, as follows: 1.The foregoing recitals are true and correct. 2.The City of Chula Vista adopts the attached list of proposed projects (Exhibit A) to be funded in-part or solely with fiscal year 2019-20 Road Maintenance and Rehabilitation Account revenues. 3.The City Engineer is authorized and directed to submit the attached list to the Commission in accordance with section 2034(a)(1) of the Streets and Highways Code. Presented byApproved as to form by William S. Valle Glen R. Googins Director of Engineering & City Attorney Capital Projects EXHIBIT A RMRA Project List for Fiscal Year 2019-20 2019-04-16 Agenda Packet Page 73 of 197 2019-04-16 Agenda Packet Page 74 of 197 2019-04-16 Agenda Packet Page 75 of 197 2019-04-16 Agenda Packet Page 76 of 197 2019-04-16 Agenda Packet Page 77 of 197 2019-04-16 Agenda Packet Page 78 of 197 2019-04-16 Agenda Packet Page 79 of 197 2019-04-16 Agenda Packet Page 80 of 197 2019-04-16 Agenda Packet Page 81 of 197 2019-04-16 Agenda Packet Page 82 of 197 2019-04-16 Agenda Packet Page 83 of 197 2019-04-16 Agenda Packet Page 84 of 197 2019-04-16 Agenda Packet Page 85 of 197 2019-04-16 Agenda Packet Page 86 of 197 2019-04-16 Agenda Packet Page 87 of 197 2019-04-16 Agenda Packet Page 88 of 197 2019-04-16 Agenda Packet Page 89 of 197 April 16, 2019File ID: 19-0217 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT, THE CITY OF CHULAVISTA AND COLANTUONO, HIGHSMITH & WHATLEY, P.C. FOR LEGAL SERVICES IN CONNECTION WITH THE BAYFRONT HOTEL/CONVENTION CENTER PROJECT RECOMMENDED ACTION Council adopt the resolution. SUMMARY This action would approve an agreement with the law firm of Colantuono, Highsmith & Whatley, for “validation action” legal services in connection with the pending Chula Vista Bayfront Hotel and Convention Center Project. The firm is highly qualified in this area, and has proposed reasonable hourly rates. The contract is for a “not to exceed” amount of $150,000, subject to further authorization if necessary. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION In order to facilitate and make feasible the pending RIDA Bayfront Hotel/Convention Center Project (“Project”), the San Diego Unified Port District (“Port”) and the City ofChula Vista (“City”) have agreed to provide public financing in the combined approximate amount of $336 million. A substantial portion of this public financing (approximately $300million) will be funded by the issuance of both taxable and non- taxable bonds by a Joint Exercise of Powers Authority (“JEPA”) formed by the Port and the City. Due to the complexity of this financing, and the assurances expected to be required by the bond market in connection therewith, the parties have long contemplated filingwhat’s known as a “validation action” with respect to the public financing. Page|1 2019-04-16 Agenda Packet Page 90 of 197 The effect of a validation action is to confirm, in advance, before the issuance of debt and the commencement of construction, that all aspects of the public financing are legally valid. This is a typical action for public agencies to take under such circumstances to eliminate the risk of legal challenges late in the development process, after substantial public and private monies would have already been invested. Such legal actions are expressly provided for under California Code of Civil Procedure Sections 860, 1085 and/or 1094.5. Section 4.19 of the Disposition and Development Agreement for the Project also contemplates such an action as a “condition precedent” for the closing of the public financing, and sets forth the terms for all parties to participate and cooperate in the validation process. The validation process is a specialty area of the law that neither the Port or the City has in-house. The firm of Colantuono, Highsmith & Whatley was chosen because of their substantial expertise in this area, because both the Port and the City have engaged the firm in the past with excellent results, and because of the firm’s competitive rates. Given these qualifications, and the Port’s initial engagement of the firm, the City’s standard procurement process was not utilized. Staff is comfortable recommending the waiver of the City’s standard procurement processes under these circumstances. The firm would be initially engaged by the Port and the City, and receive joint direction. Upon formal establishment of the JEPA for the Project, the legal services contract would be assigned to and coordinated through the JEPA entity. A copy of the legal services agreement prepared on the Port’s standard form is attached hereto. The contract provides for a “not to exceed” amount of $150,000, subject to further authorization if necessary. The costs for the agreement are to borne equally by the Port and the City, with contributions from the developer for any aspects of the validation action relating to developer’s private contracts. Per standard Port practice in litigation matters, the details of the “scope of work” for the legal services engagement (Exhibit A to the agreement) are deemed “attorney/client privileged” and redacted. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers and has found no property holdings within 1000 feet of the boundaries of the property which is subject to this action. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The proposed legal services contract to facilitate the Bayfront Hotel and Convention Center Projectaddresses the Economic Vitality goal in that implementation of the Projectwill assist in creating a substantial number of temporary and permanent local jobs andbean economic engine for further local development and tax revenueswithin the City. CURRENT-YEAR FISCAL IMPACT There is a minimalcurrent year fiscal impact to the General Fund related to thisagreementas most of the work is likely to be performed in the upcoming fiscal year. The costs for the services that are City’s share will be funded out of the City’s non-departmental account. Page|2 2019-04-16 Agenda Packet Page 91 of 197 ONGOING FISCAL IMPACT The cost for legal services in the upcoming fiscal year (City’s 50% share) are expected to be funded out of existing Bayfront tax revenues currently being set aside for this Project. ATTACHMENTS Attachment A -Legal Services Agreement Staff Contact:Glen R. Googins, City Attorney Page|3 2019-04-16 Agenda Packet Page 92 of 197 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT, THE CITY OF CHULA VISTA AND COLANTUONO, HIGHSMITH & WHATLEY, P.C. FOR LEGAL SERVICES IN CONNECTION WITH THE BAYFRONT HOTEL/CONVENTION CENTER PROJECT WHEREAS, the City requires legal services from outside counsel to represent and advise the San Diego Unified Port District(District), City, and the Chula Vista BayfrontFacilities Financing Authority (a joint exercise of powers authority formed by the District and the City) (hereinafter JEPA); and WHEREAS, the firm of Colantuono, Highsmith & Whatley, P.C. is highly qualified to perform such services, has provided excellent services in the past to both District and City, and has proposed reasonable and competitive rates for the required services; and WHEREAS,given these qualifications, and the Ports initial engagement of the firm, the Citys standard procurement process was not utilized. Staff is comfortable recommending the waiver of the Citys standard procurement processes under these circumstances; and WHEREAS, the firm would be initially engaged by the Port and the City, and receive joint direction. Upon formal establishment of the JEPA for the Project, the legal services contract would be assigned to and coordinated through the JEPA entity; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it (1) waives the Citys standard procurement process as impractical and finds the engagement of the Colantuono, Highsmith & Whatley firm to be in the overall best interestsof the City; and (2) approves the Legal Services Agreement between the District, the City and Colantuono, Highsmith & Whatley, P.C. for legal services, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall bekept on file in the Office of the City Clerk, and authorizes and directs the City Attorney to execute same. Presented byApproved as to form by Glen R. GooginsGlen R. Googins City AttorneyCity Attorney 2019-04-16 Agenda Packet Page 93 of 197 2019-04-16 Agenda Packet Page 94 of 197 2019-04-16 Agenda Packet Page 95 of 197 2019-04-16 Agenda Packet Page 96 of 197 2019-04-16 Agenda Packet Page 97 of 197 2019-04-16 Agenda Packet Page 98 of 197 2019-04-16 Agenda Packet Page 99 of 197 2019-04-16 Agenda Packet Page 100 of 197 2019-04-16 Agenda Packet Page 101 of 197 2019-04-16 Agenda Packet Page 102 of 197 2019-04-16 Agenda Packet Page 103 of 197 2019-04-16 Agenda Packet Page 104 of 197 2019-04-16 Agenda Packet Page 105 of 197 2019-04-16 Agenda Packet Page 106 of 197 2019-04-16 Agenda Packet Page 107 of 197 2019-04-16 Agenda Packet Page 108 of 197 2019-04-16 Agenda Packet Page 109 of 197 2019-04-16 Agenda Packet Page 110 of 197 2019-04-16 Agenda Packet Page 111 of 197 April 16, 2019File ID: 19-0236 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PURCHASE OF THREE TYPE VI SQUAD RESPONSE APPARATUS FROM EMERGENCY VEHICLE GROUP, INC. IN AN AMOUNT NOT-TO-EXCEED $696,602 RECOMMENDED ACTION Council adopt the resolution. SUMMARY The fire department is requesting approval for a purchase agreement with Emergency Vehicle Group, Inc. (EVG) for three (3) Type VI Squad Response Apparatusin support of the Fire Department’s implementation of the Measure A Expenditure Plan. The total $696,602funds required for the three Type VI Squad Response Apparatus are allocated in the Measure A Expenditure Plan for fiscal 18/19. ENVIRONMENTAL REVIEW The Director of Development Services 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 Guidelinesbecauseitwillnotresultinaphysicalchangein theenvironment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The Fire Department’s approved Measure A Expenditure Plan includes the implementation ofType VI Squad Response Apparatus. This specific type of response apparatus is new to the fire department’s apparatus fleet. The Type VI SquadResponse Apparatus are custom built by a few different companies within the fire apparatus industry. Lead times for these types of apparatus are typically thirteen months. In an effort, to implement the fire department’s first squad (Squad 62) by February of 2019, the fire department made use of an existing vehicle as a temporary squad. The temporary squad meetsthe basic operational needs of the Squad Operational plan, but is limited in operational functionality. As predicted, the first squad (Squad 62) is having a significant improvement on overall emergency response times in the Page|1 2019-04-16 Agenda Packet Page 112 of 197 eastern part of the City. The three new Type VI Squad Response Vehicles that EVG will produce as part of this agreement are custom designed and built to meet all of the operational requirements specific to the Squad Operational plan in support of the Fire Department’s Measure A Expenditure Plan. The new squads and their associated equipment arecapable of response to emergency medical calls and other emergency incidents to include fires, vehicles accidents, and public assists. The Finance Department assisted with the specifications for the Type VI Squad Response Apparatus and published the bid on PlanetBids. The solicitation resulted with 3 responses, one “no bid”. After review of the submittals, EVG was determined to be the lowest responsive responsible bidder. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it isnot site-specific and consequently, the real property holdings of the City Councilmembers do not create a disqualifying real property-related financial conflict of interestunder the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decisionmakerconflictofinterestinthismatter. LINK TO STRATEGIC GOALS The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a ConnectedCommunity. The award of this contract with EVG will provide the fire department with Type VI Squad Response Apparatus that have full operational functionality and increased safety. These new squads will provide greater operational flexibility and depth in pursuit of strong and secure neighborhoods within the City. The implementation of the first squad (Squad 62) has already resulted in significant improvements in overall emergency response times in support of strong and secure neighborhoods via implementation of the squad portion of the Fire Department’s Measure A Expenditure Plan. CURRENT-YEAR FISCAL IMPACT The total $ $696,602required for this purchase will be charged to currently allocated funds with the Fire Department’s Measure A Expenditure Plan for fiscal 18/19. ONGOING FISCAL IMPACT Future year fiscal impacts will vary for maintenance and fuel costs. These expected expenses are already included in future fiscal years as part the Fire Department’s Measure A Expenditure Plan. ATTACHMENTS None Staff Contact: Jeff Peteror Harry Muns Page|2 2019-04-16 Agenda Packet Page 113 of 197 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THEPURCHASE OF THREE TYPE VI SQUAD RESPONSE APPARATUS FROM EMERGENCY VEHICLE GROUP, INC. IN AN AMOUNT NOT-TO-EXCEED $696,602 WHEREAS, the Fire Departments approved Measure A Expenditure Plan includes the implementation of Type VI Squad Response Apparatus;and WHEREAS, the Type VI Squad Response Apparatus are new to the Fire Departments apparatus fleet; and WHEREAS, Chula Vista Municipal Code section 2.56.080 authorizes the City to purchase equipment exceeding$100,000 pursuant to a competitive bid and award process; and WHEREAS, onMarch 14, 2019, the Finance Department solicited competitive bids for the purchase of three (3) Type VI Squad Response Apparatus; and WHEREAS, on April 8, 2019, the FinanceDepartment received three (3) responsive bids;and WHEREAS, after compilation and review of the responsive bids, the Finance Department determined that Emergency Vehicle Group, Inc. waslowest responsive and responsible bidder submitting the best bid in all respects; and WHEREAS, the City Manageris recommendingthat the City Council approve the purchase ofthree (3) Type VI Squad Response Apparatusfrom Emergency Vehicle Group, Inc. in an amount not-to-exceed $696,602;and WHEREAS, the total funds required for execution of the agreement are allocated in the Fire Departments Measure A Expenditure Planfor fiscal year 18/19. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approvesthepurchase ofthree (3) Type VI Squad Response Apparatus fromEmergency Vehicle Group, Inc.in an amount not-to-exceed $696,602. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes the City Manageror designee to execute such further documentation and take such further action as necessary to effectuate the approved purchase. Presented byApproved as to form by 2019-04-16 Agenda Packet Page 114 of 197 Jim GeeringGlen R. Googins Fire ChiefCity Attorney 2019-04-16 Agenda Packet Page 115 of 197 April 16, 2019File ID: 19-0175 TITLE PUBLIC HEARING AND CONSIDERATION OF ACCEPTANCE OF A REPORT REGARDING 2019/2020 FUNDING REQUESTS AND RECOMMENDATIONS FOR THE HOUSING AND URBAN DEVELOPMENT (HUD) FEDERAL GRANT PROGRAMS (COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS ACT, AND EMERGENCY SOLUTIONS GRANT) RECOMMENDED ACTION Council conduct the public hearing. SUMMARY The City has received and reviewed funding applications for the U.S. Department of Housing and Urban Development (HUD) grant programs including: Community Development Block Grant (CDBG), HOME Investment Partnerships Act (HOME) and the Emergency Solutions Grant (ESG) funds. This Public Hearing will provide the community an opportunity to provide input on the proposed 2019/2020funding recommendations for the City’s use of these federal grant programs. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). The activity is not a “Project” as defined under Section 15378(b)(5) of the State CEQA Guidelines because the proposal consists of a reporting action, is not for a site specific project(s) and will not result in a direct or indirect physical change in the environmental. Therefore, pursuant to Section15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Under NEPA, the activity is exempt pursuant to Title 24, Part 58.34(a)(2)&(3) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing & Urban Development Environmental Guidelines. Thus, no further environmental review is necessary at this time. Although environmental review is not necessary at this time, once a project(s) has been defined, environmental review will be required and a CEQA/NEPA determination completed prior to initiation of any related project activity. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. v.001 Page|1 2019-04-16 Agenda Packet Page 116 of 197 DISCUSSION As an entitlement community with the U.S. Department of Housing and Urban Development (HUD), the City receives funds under three entitlement block grant programs: • Community Development Block Grant (CDBG) • Home Investment Partnerships (HOME) • Emergency Solutions Grant (ESG) The grant amounts allocated to each jurisdiction are determined using a formula based on statistical and demographic data. The purpose of these funds is to provide decent housing, a suitable living environment, and to expand economic opportunities principally for low and moderate-income persons. As a recipient of these HUD funds, the City is required to adopt a five-year planning document, entitled the Consolidated Plan (ConPlan) which describes the City's five-year strategy for use of these funds based upon the identified goals and objectives related to its housing and community development priorities. The City annually selects activities for funding that best meet the needs of the community as specified within the ConPlan, while also meeting the national objectives and requirements of the grant funds. The selected activities are then incorporated into a one-year planning document, known as the Annual Action Plan. The Action Plan constitutes the City’s formal funding application to HUD for the corresponding grant year. The 2019/2020 Action Plan represents the final year of the Con Plan period. The City’s 2015/2019 Five-Year Consolidated Plan identifies a total of five priorities under Housing and Community Development for funding consideration. Table I: 2015/2019 Consolidated Plan Funding Priorities CATEGORYPRIORITYACTIVITY TYPE New construction of affordable rental housing Affordable Housing: Production Acquisition/rehabilitation for rental housing Housing opportunities Priorities First-time homebuyers Affordable Housing: Programs Tenant-based rental assistance Special needs/disabled Youth Public Services Elderly Homeless Community General low/moderate income Development ADA improvements Priorities Infrastructure New streets and sidewalks Section 108 loan payment Park and recreational facilities Public Facility Improvements Neighborhood facilities Fire stations Page|2 2019-04-16 Agenda Packet Page 117 of 197 2019/2020ANNUAL ACTION PLAN Resources As ofthe date of this report, HUD has not provided the City’s allocation amounts for 2019/20since Congress has not yet completed the appropriations process. HUD has instructed cities to continue their normal annual planning process and to submit the Action Plan once the 2019/20allocations have been announced. For the purposes of this report and in preparation of the Action Plan, staff will be assuming a fivepercent (5%) reduction from prior year funding for the CDBG, HOME and ESG grant programs. In the event that the City receives a higher allocation, staff has identified three projects within each of the grant programs for increased funding. These projects are identified in the respective program sections below. In addition to its annual entitlement amount, the City will also allocate prior year unencumbered CDBG and HOME funds. These funds typically become available as projects are completed under budget, loans are repaid or other program income is generated. Table II: 2019/2020 Anticipated Grant Funding ENTITLEMENTPRIOR YEAR TOTAL AVAILABLE PROGRAM AMOUNT(UNENCUMBERED)FOR 2019/2020 Community Development Block Grant$2,174,678$ 168,362$2,343,040 Home Investment Partnerships Act$ 900,244 $1,514,100$2,414,344 Emergency Solutions Grant$ 170,773$ 0$ 170,773 Total$3,245,695$1,682,462$4,928,157 Funding Requests As part of the annual Action Plan process, the City releases a Notice of Funding Availability (NOFA) for the three grant programs. The NOFA was released in February2019, with a submittal deadline of March 1, 2019.Housing staff has reviewed all proposalsto ensure compliance with the prescribed regulations and consistency with the City’s goals and objectives. An executive summary was prepared for each request which summarizes the requested funding level, proposed use of funds,and benefit to the community and are included with this report as Attachment No. 1 (2019/2020 Funding Application Executive Summaries). Page|3 2019-04-16 Agenda Packet Page 118 of 197 The federal grant funding recommendations for CDBG, HOME and ESG are presented below: Community Development Block Grant (CDBG): For FY 2019/2020, the City will utilize an estimatedtotal of $2,343,040of CDBG funds. This includes the annual entitlement along with any unencumbered prior year funds. All projects considered for funding must address at least one of the three CDBG National Objectives:1) benefit primarily low/moderate income families;2) aid in the prevention or elimination of slums or blight; or,3) meet community needs due to a major emergency such as a natural disaster. Projects are then classified intothree distinct categories: 1.Administration and Planning; 2.Public Services;and, 3.Capital Improvement Projectsand Community Development. Below is a summary of the funding recommendations under each respective category. 1.Administration/Planning Recommendations: Funds under this category cover all City staff costs associated with the management and administration of Chula Vista's CDBG program including regulatory compliance, contract administration, subrecipient monitoring and fiscal management. This also includes preparation of the required planning documents, such as the Annual Action Plan, the Consolidated Plan, and the Analysis of Impediments to Fair Housing Choice. Federal regulations governing the CDBG program limit the amount that the City spends on administration/planning activities to 20percent of the entitlement amount forthe program year. Table III: 2019/2020 CDBG Administration Funding ApplicantProgramRecommended 1DSD–Housing DivisionCDBG Administration/Planning$384,936 2CSA of San DiegoFair Housing and Tenant/Landlord Services$50,000 Total$434,936 2.Public Services Program Recommendation: Funds for Public Services activities are awarded to local agencies and community organizations to implement projects and programs that improve the lives of low income residents which include elderly, disabled, at-risk, and homeless. The amount of funds theCity may allocate to public services is limited to fifteen percent (15%) of the annual entitlement. Staff’s funding recommendations for public service activities are based on funding priorities established in the ConPlan, along with an established ranking criteria which categorizes the programs bycommunity need(Tier I-III, with I being the highest). Page|4 2019-04-16 Agenda Packet Page 119 of 197 Public Services Community Need Ranking Tier I Tier IITier III (highest) Emergency Needs:Special Needs/Disabled:Other General Services: Programs that address basic, Programs that provide services to All other services which do not fundamental needs including persons with disabilities, special fall within Tier I or II and provide shelter, food, and other needs, and are at high-risk.generalpublicservicesto commodities.low/moderate income persons. A total of twelve public service applications were received. With the exception of applicant number 14 (Community Through Hope), all requests are previousgrant recipients and are in good standing with the City and HUD. Community through Hope is a newly formed organization with little to no experience in receiving and administering federal funding. Staff recommends funding of Community through Hope for its first year with staff providing the necessary technical assistance for compliance and the successful delivery of the proposed program. Summarized below are the list of applicants, program name, amount requested, and amount recommended by staff. Table IV: 2019/2020 CDBG Public Services ApplicantProgramRecommended 3DSD –Housing DivisionShort-Term Housing Voucher Program$50,000 4Interfaith Shelter NetworkRotational Shelter Network$11,000 5South Bay Community ServicesHomeless Services$39,550 6San Diego Food BankFood 4 Kids Backpack Program$15,000 7Meals and WheelsSenior Care Program$12,000 8South Bay Community ServicesSouth Bay Food Program$10,000 9South Bay Community ServicesFamily Violence Treatment Program$39,000 10Recreation DepartmentTherapeutic Program$20,100 11CV Community CollaborativeFRC Emergency and Basic Services$39,312 12Family Health Center of San DiegoKidCare Express Mobile Med Unit$27,000 13Recreation DepartmentNorman Park Senior Services$30,000 14Community Through HopeProject H.O.P.E.$ 15,000 Total$307,962 3.Capital Improvement Projects (CIPs) and Community Development: After the Public Services and Administration activities are funded, a total of $1,600,142remains for eligible capital improvement projects, public facility improvements, and other housing/community development related activities. The City has earmarked $764,000for theannual Castlepark Page|5 2019-04-16 Agenda Packet Page 120 of 197 Infrastructure Section 108debt service payment, with eight years remaining on the 20-year loan term. This leaves a balance of $836,142for new projects. To be considered eligible for funding within the CIP category, the project must be located in a primarily residential area designated as low/moderate income by the U.S. Census and cannot be regional in nature (serving the entire City or county region). Priority is given to those projects with the most effectiveness and the greatest feasibility by demonstrating leveraging of additional funding sources, benefit and impact to the community,and relevance to the City of Chula Vista’s Critical Needs List and/or Pedestrian Master Plan. Table V: 2019/2020 CDBG Community Development Projects ApplicantProgramRecommended 15DSD –HousingDivisionSection 108 Loan Debt Service Payment$ 764,000 16DSD –Housing DivisionGreen Homes For All Residential Rehabilitation $150,000 Program 17DSD –Housing Division$ 48,642 Community Housing Improvement Loan Program * 18Engineering DepartmentAlpine (Naples to Emerson)$637,500 TOTAL$1,600,142 *Should the City receive a greater CDBG entitlement amount than that anticipated, funding will be allocated to this project. A total of four applications are presented under this category: the City’s Section 108 Loan payment; two residential rehabilitation loan programs; and, one capital improvement project (CIP). This new CIP will complete the final installment of new sidewalks in the Castlepark area, as proposed in the original HUD Section 108 Loan Application. The map below illustrates the streets completed to date and as well as the proposed final street. 2008 Section 108 Castlepark Infrastructure Project Page|6 2019-04-16 Agenda Packet Page 121 of 197 Emergency Solutions Grant (ESG) Chula Vista estimatesthat it will receive approximately $170,773in ESG entitlement funds for FY 2019/20. ESG funds may be used to provide homeless services through: Homeless Prevention; Rapid Re-Housing (rental assistance); Street Outreach; Emergency Shelter; and Homeless Management Information Systems (HMIS). The City received one proposal from South Bay Community Servicesto provide emergency shelterservices at the Casa Nueva Vida shelter (Applicant No. 21). The remaining funds will be earmarked for Planning and Administration Costs (7.5% of the entitlement), Homeless Prevention and Rapid ReHousing Services,and the HUD mandated Homeless Management Information System. These programs will be administered by DSD Housing staff. Table VI: 2019/2020 ESG Programs ApplicantProgramRecommended 19DSD –Housing DivisionESG Planning and Administration$ 12,808 20DSD –Housing DivisionHomeless Prevention and Rapid ReHousing* $85,649 21South Bay Community Casa Nueva Vida Shelter $ 63,777 Services 22DSD –Housing DivisionHomeless Management Information System $ 8,539 TOTAL$170,773 *Should the City receive a greater CDBG entitlement amount than that anticipated, funding will be allocated to this project. Home Investment Partnerships Act (HOME) HOME funds may be used to provide affordable rental housing and home ownership opportunities through: New construction Acquisition Rehabilitation First time homebuyer assistance Tenant-based rental assistance For 2019/20, the City will utilize the HOME entitlement and prior year unencumbered funds to address the City’s housing priorities of the 2015/2019 Consolidated Plan (approximately $2.4Million). Per the HOME regulations fifteen percent (15%) of the annual allocation must be set aside to assist Community Housing Development Corporations (CHDOs) for the creation of affordable housing units. Should these funds not be utilized in a timely manner for this specific purpose, these funds would be recaptured by HUDand unavailable to the City. Page|7 2019-04-16 Agenda Packet Page 122 of 197 Table VII: 2019/2020 HOME Projects ApplicantProgramRecommended 23DSD –Housing DivisionHOME Planning and Administration$ 90,024 24DSD –Housing DivisionTenant-based Rental Assistance Program $ 200,000 25DSD –Housing DivisionRequest for Proposals –Affordable Housing Project* $ 2,124,320 TOTAL$2,414,344 *Should the City receive a greater CDBG entitlement amount than that anticipated, funding will be allocated to this project. Conclusion While the ESG and the HOME programs were designed to meet very specific objectives, the CDBG program allows flexibility in the type of activities it funds. This allows the City to leverage its CDBG funds with ESG and HOME to maximize the impact of the grant funds to meet the housing needs of the lower income community. Since the end of redevelopment in California in 2012, the City has lost $21million that would have been generated from redevelopment for affordable housing related activities. As the cost of housing has increased year after year, far outpacing income growth, housing has become increasingly unaffordable to more members of the community. Staff recommends that the City Council conduct the public hearing to solicit input from the community on the 2019/20funding recommendations presented. The 2019/2020Annual Action Plan wasreleased for the required 30-day review and comment period on April 5, 2019and will close May 5, 2019. Staff will incorporate all public comments into the final Annual Action Plan, to be brought forward for Council consideration in May 2019. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the Alpine Street Improvement Projectwhich is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT At this time, Council is reviewing the funding requests for CDBG, HOME, and ESG funds. This action does not include appropriations. Appropriations for the proposed CDBG, HOME and ESG programs will be included as part of the City Manager's FY 2019/20 proposed budget. Page|8 2019-04-16 Agenda Packet Page 123 of 197 There is no fiscal impact to the General Fund as a result of this action. In the remote event that HUD should withdraw the City's CDBG, ESG, and HOME funding; the Agreements/Memorandum of Understandings provide that the City is not obligated to compensate subrecipients or City Departments for program expenditures. Recommended funding allocations are summarized below. Community Development Block Grant (CDBG) Public Services$307,962 CDBG Administration and Planning$434,936 Section 108 Loan Payment$764,000 Capital Improvement and Housing$836,142 Subtotal$2,343,040 Home Investment Partnerships Act (HOME) HOME Planning and Administration$90,024 Affordable Housing Projects/Programs$2,324,320 Subtotal$2,414,344 Emergency Solutions Grant (ESG) ESG Administration and Planning$12,808 Shelter Services$63,777 Homeless Prevention and Rapid ReHousing$94,188 Subtotal$170,773 TOTAL CDBG HOME and ESG$4,928,157 ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as all costs associated with the administration of the CDBG, HOME and ESG programs are covered by the respective grants. ATTACHMENTS Attachment 1: 2019/2020Funding Application Executive Summaries Staff Contact: AngelicaDavis, DSD Sr Management Analyst Page|9 2019-04-16 Agenda Packet Page 124 of 197 FEDERAL GRANT ENTITLEMENT PROGRAMS CDBG|HOME|ESG 201/20 recommendations for Community Development Block Grant Home Investment Partnerships Act, and Emergency Solutions Grant. 2019-04-16 Agenda Packet Page 125 of 197 ATTACHMENT NO. - 8,539 90,02412,80863,77785,649 168,362434,936307,962764,000836,143135,037 900,244170,773170,773 1,514,1002,189,283 2,174,6782,343,0402,414,344 4,928,157 $ $$$$$$ $$$$$$$$$$$$$$ ESG | HOME | CDBG 2019/2020 HUD HUD Grant Funding Available TOTAL FUNDING AVAILABLE Spending PlanSpending PlanSpending Plan Planning and Administration (up to 20% of Entitlement)Public Services (up to 15% of Entitlement)Section 108 Loan Payment Remaining Funds for Capital Improvement and Community Development ProjectsPlanning and Administration (up to 10% of Entitlement)Community Housing Development Organization Set-Aside (minimum 15% of Entitlement)Affordable housing projects and programsPlanning and Administration (up to 7.5% of Entitlement)Shelter ServicesHomeless Prevention and Rapid ReHousing Community Development Block Grant (CDBG) EntitlementTotal CDBG AvailableHome Investment Partnerships Act (HOME) EntitlementTotal HOME AvailableEmergency Solutions Grant (ESG) EntitlementTotal ESG Available Unencumbered Prior Year FundsHOME Prior Year Unencumbered FundsPrior Year CHDO Reserves (2016/17 and 2017/18)ESG Prior Year Unencumbered Funds 8,539 50,00050,00011,00039,55015,00012,00010,00039,00020,10039,31227,00030,00015,00048,64212,80885,64963,77790,024 384,936764,000150,000637,500200,000 434,936307,962170,773 2,124,320 1,600,1422,414,344 4,928,157 RecommendedRecommendedRecommendedRecommended Recommended $$$ $$$$$$$$$$$$$$$$$$$$$ $ $ $$$$$ 8,645 35,00040,00014,00039,55015,00012,00010,00039,00020,10039,31230,00036,30185,00012,96863,77787,51957,303 324,432763,126300,000693,244 359,432295,263172,909750,547 1,148,126 $$ $ $ $$ $$$$ $$$$$$$$$$$$$$$$$ CDBG Administration/PlanningFair Housing ServicesShort-Term Housing Voucher Pgm.Rotational Shelter NetworkHomeless ServicesFood 4 Kids Backpack ProgramSenior Care ProgramSouth Bay Food ProgramFamily Violence Treatment PgmTherapeutic ProgramFRC Emergency and Basic SvcsKidCare Express Mobile Med UnitNorman Park Senior ServicesProject H.O.P.E.Section 108 Loan PaymentGreen Homes for All ProgramCommunity Housing Improvement Loan Pr Apline (Naples to Emerson)ESG Administration/PlanningHomeless Prevention and Rapid ReHousing Casa Nueva Vida ShelterHomeless Management Information SystemPlanning and AdministrationTenant-based Rental Assistance ProgramRequest for Proposals - Affordable Housing Project 2019/20 HUD Grant Funding Spending Plan TOTAL FUNDING RECOMMENDATIONS TotalTotalTotalTotal CDBG Administration ActivitiesDevelopment Svcs. Dept. - Hsng.CSATotalCDBG Public ServicesDevelopment Svcs. Dept. - Hsng.Interfaith Shelter NetworkSouth Bay Community ServicesSan Diego Food BankMeals and WheelsSouth Bay Community ServicesSouth Bay Community ServicesRecreation DepartmentCV Community CollaborativeFamily Health Center of San DiegoRecreation DepartmentCommunity Through HopeCDBG CIPs and Community DevelopmentDSD - Housing DivisionDSD - Housing DivisionDSD - Housing DivisionPublic Works DepartmentESG (Homeless) ActivitiesDevelopment Svcs. Dept. - Hsng.DSD - Housing DivisionSouth Bay Community ServicesDSD - Housing DivisionHOME (Housing) ActivitiesDSD - Housing DivisionDSD - Housing DivisionDSD - Housing Division Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: $3$ - (®´²¨¦ $¨µ¨²¨® Project | Program: #$"' !£¬¨¨²³± ³¨® £ 0« ¨¦ Grant Program: CDBG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: &´£² ¶¨«« ¡¤ ´²¤£ ¥®± ³§¤ ²³ ¥¥ ¢®²³² ²²®¢¨ ³¤£ ¶¨³§ ³§¤ ¬ ¦¤¬¤³ £ £¬¨¨²³± ³¨® ®¥ #§´« 6¨²³ ͒² #$"' ¯±®¦± ¬ȁ 4§¨² ¨¢«´£¤² ¯±¤¯ ± ³¨® ®¥ ³§¤ ±¤°´¨±¤£ ¯« ¨¦ £®¢´¬¤³²Ǿ ±¤¦´« ³®±¸ ¢®¬¯«¨ ¢¤Ǿ ¢®³± ¢³ ®µ¤±²¨¦§³ ®¥ ³§¤ ¯ ±³¤±¨¦ ¦¤¢¨¤²Ǿ ¤µ¨±®¬¤³ « ±¤µ¨¤¶² £ ¥¨²¢ « management. Project Category: Administration/Planning Target Population: .®³ ¯¯«¨¢ ¡«¤ ³® £¬¨¨²³± ³¨® ¢³¨µ¨³¨¤²ȁ Proposed Number to Serve: N/A Chula Vista Goal/Objective: .®³ !¯¯«¨¢ ¡«¤ HUD Eligibility Matrix Code: Αΐ! - '¤¤± « 0±®¦± ¬ !£¬¨¨²³± ³¨® FUNDING Amount Recommended: $384,936 2019-04-16 Agenda Packet Page 128 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: CSA Project | Program: & ¨± (®´²¨¦ 3¤±µ¨¢¤² Grant Program: CDBG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: 4§¤ ¯±®¦± ¬ ¦® « ¨² ³® ²²¨²³ ³§¤ ±¤²¨£¤³² ®¥ ³§¤ #¨³¸ ®¥ #§´« 6¨²³ ¡¸ ²²´±¨¦ £¨²¢±¨¬¨ ³¨®-¥±¤¤ §®´²¨¦ £ ££±¤²²¨¦ ³¤ ³-« £«®±£ ¢®¥«¨¢³²ȁ 4§¤ ¯±®¦± ¬ ´²¤² ®¤-on-®¤ ¢®´²¤«¨¦ ²¤±µ¨¢¤²Ǿ ³§¤ ¶¤¡²¨³¤Ǿ ®´³±¤ ¢§ ¤µ¤³²ȝ¶®±ª²§®¯²Ǿ ¬¤£¨ ³¨®Ǿ § £¡®®ª² £ ®³§¤± «¨³¤± ³´±¤ §¤«¯ ¶¨³§ ³§¤ ¦® « ®¥ £¤µ¤«®¯¨¦ ¤¶ £ ¨®µ ³¨µ¤ ¯¯±® ¢§¤² £ ¤³¶®±ª² ¥®± ¯±®¦± ¬ ¤§ ¢¤¬¤³ȁ 4¤²³¨¦ ¢ ¡¤ µ «´ ¡«¤ ³®®« ³® ¨µ¤²³¨¦ ³¤ §®´²¨¦ ¬ ±ª¤³ ¯± ¢³¨¢¤² £ ³® £®¢´¬¤³ ¨««¤¦ « §®´²¨¦ £¨²¢±¨¬¨ ³¨®ȁ #3! ¶¨«« ¯¤±¥®±¬ ¥ ¨± §®´²¨¦ ³¤²³¨¦ ² £¨±¤¢³¤£ ¡¸ ®´± ¥ ¨± §®´²¨¦ ¨µ¤²³¨¦ ³¨®² ¢®®±£¨ ³®± £ ±¤¥¤±±¤£ ³® ®´± ¦¤¢¸͒² & ¨± (®´²¨¦ «¤¦ « ¢®´²¤« ² needed. Project Category: Administration/Planning Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ (®´²¤§®«£² Proposed Number to Serve: N/A Chula Vista Goal/Objective: .®³ !¯¯«¨¢ ¡«¤ HUD Eligibility Matrix Code: Αΐ$ - & ¨± (®´²¨¦ !¢³¨µ¨³¨¤² FUNDING Amount Recommended: $50,000 2019-04-16 Agenda Packet Page 129 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: $3$ - (®´²¨¦ $¨µ¨²¨® Project | Program: Short-³¤±¬ (®´²¨¦ 6®´¢§¤± 0±®¦± ¬ Grant Program: CDBG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: !² ³§¤ ´¬¡¤± ®¥ §®¬¤«¤²² ¨ ³§¤ ±¤¦¨® ¨¢±¤ ²¤Ǿ ³§¤ ´¬¡¤± ®¥ ²§¤«³¤±² ¢®³¨´¤ ³® § µ¤ «¨¬¨³¤£ ²¯ ¢¤ £ ±¤ ®¥³¤ ³ ¢ ¯ ¢¨³¸ȁ 4§¨² ¯±®¦± ¬ ®¥¥¤±² ³¤¬¯®± ±¸ ²®«´³¨® ³® ³§¨² ¯±®¡«¤¬ ¡¸ ¯±®µ¨£¨¦ ¡±¨£¦¤ §®´²¨¦ ¨ ³§¤ ¥®±¬ ®¥ §®³¤«ȝ¬®³¤« µ®´¢§¤±² ³® ¢§±®¨¢ §®¬¤«¤²² ¨£¨µ¨£´ «² £ ¥ ¬¨«¨¤²ȁ 4§¤ ¯ ±³¨¢¨¯ ³² ¬´²³ ¡¤ ¶¨««¨¦ ³® ¯ ±³¨¢¨¯ ³¤ ¨ ¢ ²¤ ¬ ¦¤¬¤³ £´±¨¦ ³§¤ ³± ²¨³¨® « ¯§ ²¤ ¨³® ¯¤±¬ ¤³Ǿ ²³ ¡«¤ §®´²¨¦ȁ Project Category: 0´¡«¨¢ 3¤±µ¨¢¤² Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ #«¨¤³¤«¤Ȁ (®¬¤«¤²² Proposed Number to Serve: 20 Chula Vista Goal/Objective: 0´¡«¨¢ 3¤±µ¨¢¤² HUD Eligibility Matrix Code: ΏΔ - 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/¯¤± ³¨¦ #®²³² Ȩ(®¬¤«¤²² 0±®¦± ¬²ȩ FUNDING Amount Recommended: $39,550 2019-04-16 Agenda Packet Page 132 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: * ¢®¡² lj #´²§¬ 3 $¨¤¦® &®®£ " ª Project | Program: Food-4-+¨£² " ¢ª¯ ¢ª 0±®¦± ¬ Grant Program: CDBG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: 4§¤ &®®£ Γ +¨£² " ¢ª¯ ¢ª 0±®¦± ¬ ¯±®µ¨£¤² ¥®®£ ³® ¤«¤¬¤³ ±¸ ²¢§®®« ¢§¨«£±¤ ¶§® ±¤¢¤¨µ¤ free/reduced-¯±¨¢¤ ²¢§®®« ¬¤ «² £´±¨¦ ³§¤ ¶¤¤ª ¡´³ ±¨²ª §´¦¤± £´±¨¦ ³§¤ ¶¤¤ª¤£² ¶§¤ ²¢§®®« ¬¤ «² ±¤ ´ µ ¨« ¡«¤ȁ Project Category: 0´¡«¨¢ 3¤±µ¨¢¤² Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ #«¨¤³¤«¤Ȁ 9®´³§ Proposed Number to Serve: 75 Chula Vista Goal/Objective: 0´¡«¨¢ 3¤±µ¨¢¤² HUD Eligibility Matrix Code: ΏΔ$ - 9®´³§ 3¤±µ¨¢¤² FUNDING Amount Recommended: $15,000 2019-04-16 Agenda Packet Page 133 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: Meals-on-Wheels Project | Program: 3¤¨®± # ±¤ ¨ ³§¤ (®¬¤ Grant Program: CDBG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: 4§¤ -/73$# ¯±®¦± ¬ ¨² £¤²¨¦¤£ ²¯¤¢¨¥¨¢ ««¸ ³® ££±¤²² ¥®®£ ¨²¤¢´±¨³¸Ǿ £¤¢«¨¨¦ §¤ «³§Ǿ £ ²®¢¨ « ¨²®« ³¨®ȁ 4§¤ ¯±®¦± ¬ ´²¤² 6®«´³¤¤± 0±¤µ¤³¨® )³¤±µ¤³¨® -®£¤« ¶§¤±¤¨ ²¤±µ¨¢¤² ±¤ ¯±®µ¨£¤£ ¨ ³§¤ §®¬¤ £ ¨«¸ ¡¸ ²¢±¤¤¤£ £ ³± ¨¤£ µ®«´³¤¤± ¶¨³§ ³§¤ ¤·¯±¤²² ¯´±¯®²¤ ®¥ ¤²³ ¡«¨²§¨¦ ³±´²³¨¦ ±¤« ³¨®²§¨¯ ¶¨³§ ³§¤ ²¤¨®± ³§ ³ ««®¶² -/73$# ³® ¢¢¤²² £ ¬®¨³®± °´ «¨³¸ ®¥ «¨¥¤ £ ²´¯¯®±³ seniors ² ³§¤¸ ¦¤ ³ §®¬¤ȁ # ±¤ ²¤±µ¨¢¤² ¯±®µ¨£¤£ ¨¢«´£¤ ³§¤ £¤«¨µ¤±¸ ®¥ ´¯ ³® ³¶® ¥±¤²§ ¬¤ «² £ ¸ ¢¢®¬¯ ¨¤£ ¡¸ £ ¨«¸ ² ¥¤³¸ ¢§¤¢ª £ ¨-§®¬¤ ²®¢¨ « µ¨²¨³ȁ -/73$# ²´¡²¨£¨¤² ¬¨¨¬´¬ ®¥ ΕΏυ ®¥ servi¢¤² £ ¯±®µ¨£¤² ££¨³¨® « ²´¡²¨£¨¤² ³® ³§®²¤ ¶§® °´ «¨¥¸ȁ -/73$# ¶¨«« ²¤±µ¤ ΑΒΏ ´£´¯«¨¢ ³¤£ ²¤¨®±² ¨ ³§¤ #¨³¸ ®¥ #§´« 6¨²³ ¶¨³§ ΑΘǾΐΕΗ ¥±¤²§ ¬¤ «² £ ¢¢®¬¯ ¸¨¦ ²¤±µ¨¢¤²ȁ Project Category: 0´¡«¨¢ 3¤±µ¨¢¤² Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ #«¨¤³¤«¤Ȁ %«£¤±«¸ Proposed Number to Serve: 230 Chula Vista Goal/Objective: 0´¡«¨¢ 3¤±µ¨¢¤² HUD Eligibility Matrix Code: ΏΔ! - 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Project Category: 0´¡«¨¢ 3¤±µ¨¢¤² Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ #«¨¤³¤«¤ Proposed Number to Serve: 325 Chula Vista Goal/Objective: 0´¡«¨¢ 3¤±µ¨¢¤² HUD Eligibility Matrix Code: ΏΔ - 0´¡«¨¢ 3¤±µ¨¢¤² Ȩ'¤¤± «ȩ FUNDING Amount Recommended: $39,312 2019-04-16 Agenda Packet Page 138 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: & ¬¨«¸ (¤ «³§ #¤ter Project | Program: -®¡¨«¤ -¤£¨¢ « 5¨³ Grant Program: CDBG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: 4§¤ --5 ¯±®µ¨£¤² §¨¦§-°´ «¨³¸ ¯±¨¬ ±¸ §¤ «³§¢ ±¤ ³® «®¶ £ ¬®£¤± ³¤ ¨¢®¬¤ ¯¤±²®²Ǿ ¨¢«´£¨¦ §®¬¤«¤²² ¨£¨µ¨£´ «² £ ¥ ¬¨«¨¤²ȁ 4§¤ --5 ¨² «¨¢¤²¤£ ¬¤£¨¢ « ¢«¨¨¢ ³§ ³ ¯±®µ¨£¤² ¥´«« ¯±¨¬ ±¸ care ¬¤£¨¢ « ²¤±µ¨¢¤² £ ±¤¥¤±± «²Ǿ ³§¤±¤¡¸ ¤«¨¬¨ ³¨¦ ¥¨ ¢¨ «Ǿ ¢´«³´± «Ǿ «¨¦´¨²³¨¢Ǿ £ transportation ¡ ±±¨¤±² ³® ¯±¤µ¤³¨µ¤ §¤ «³§¢ ±¤ȁ Project Category: 0´¡«¨¢ 3¤±µ¨¢¤² Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ #«¨¤³¤«¤ Proposed Number to Serve: 415 Chula Vista Goal/Objective: 0´¡«¨¢ 3¤±µ¨¢¤² HUD Eligibility Matrix Code: ΏΔ- - (¤ «³§ 3¤±µ¨¢¤s FUNDING Amount Recommended: $27,000 2019-04-16 Agenda Packet Page 139 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: 2¤¢±¤ ³¨® $¤¯ ±³¬¤³ Project | Program: 3¤¨®± 3¤±µ¨¢¤² Grant Program: CDBG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: &´£¨¦ ¥±®¬ #$"' ¶®´«£ ««®¶ ´² ³® ¯±®µ¨£¤ ¬´«³¨³´£¤ ®¥ ´¨°´¤ ²¤±µ¨¢¤² £ ²´¯¯®±³ ¯±®¦± ¬² ³® ³§¤ ¤«£¤±«¸ ¨ #§´« 6¨²³ ȁ 4§¤ ¦± ³ ¥´£² ¶¨«« ¥®¢´² ® ¯±®µ¨£¨¦ §®«¨²³¨¢ ¯¯±® ¢§ ³® ³§¤ §¤ «³§ £ ¶¤«« ¡¤¨¦ ®¥ ®´± ¤«£¤±«¸ ¡¸ ¯±®µ¨£¨¦ ³§¤¬ ¶¨³§ ´¬¡¤± ®¥ ®¯¯®±³´¨³¨¤² ¥®± ¥´Ǿ ¤£´¢ ³¨® «Ǿ §¤ «³§ £ ¥¨³¤²²Ǿ ²®¢¨ «Ǿ ²ª¨«« ¡´¨«£¨¦Ǿ ±¤¢±¤ ³¨® « ¯±®¦± ¬²Ǿ £ ¢³¨µ¨³¨¤² ³§ ³ ¶¨«« ¨¢±¤ ²¤ ³§¤ °´ «¨³¸ ®¥ «¨¥¤ ¥®± ³§¤ ¤«£¤±«¸ ±¤²¨£¤³² ¨ #§´« 6¨²³ ȁ 4§¤ ´¨°´¤ ¯´¡«¨¢ ²¤±µ¨¢¤² £ ²´¯¯®±³ ¯±®¦± ¬² ¡¤¨¦ ®¥¥¤±¤£ ³® ³§¤ ¤«£¤±«¸ ¶¨«« ¨¢«´£¤Ȁ §¤ «³§ £ ´³±¨³¨® ¤£´¢ ³¨® « ¶®±ª²§®¯²Ǿ ¢±¤ ³¨µ¤ ¤±¨¢§¬¤³ ¢³¨µ¨³¨¤²Ǿ ¥±¤¤ ®± «®¶ ¢®²³² ¦±®´¯ ¥¨³¤²² ¢« ²²¤²Ǿ ²®¢¨ « £ ¡± ¨ ¤±¨¢§¨¦ ¢³¨µ¨³¨¤²Ǿ ²´¯¯®±³ ¦±®´¯²Ǿ £ ¢¨µ¨¢ ¤¦ ¦¤¬¤³ ³§±®´¦§ µ®«´³¤¤±¨²¬ȁ 4§¤ .®±¬ 0 ±ª 3¤¨®± #¤³¤± ¨² «²® ®¥¥¤± ¯±®¦± ¬¬¨¦ £´±¨¦ ³§¤ §®³ ²´¬¬¤± ¬®³§²Ǿ ²® ³§¤ ¤«£¤±«¸ § µ¤ ¢®®« £ ² ¥¤ ¯« ¢¤ ³® ¢®¬¤ £ ¤©®¸ ¥±¤¤ ¢³¨µ¨³¨¤²ȁ Project Category: 0´¡«¨¢ 3¤±µ¨¢¤² Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ #«¨¤³¤«¤Ȁ %«£¤±«¸ Proposed Number to Serve: 300 Chula Vista Goal/Objective: 0´¡«¨¢ 3¤±µ¨¢¤² HUD Eligibility Matrix Code: ΏΔ! - 3¤¨®± 3ervices FUNDING Amount Recommended: $30,000 2019-04-16 Agenda Packet Page 140 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: #®¬¬´¨³¸ 4§±®´¦ (®¯¤ Project | Program: 0±®©¤¢³ (ȁO.P.E. Grant Program: CDBG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: /´± ¯±®¦± ¬² ££±¤²² ³§¤ ¦ ¯ ¡¤³¶¤¤ ¢¢¤²²¨¦ ¥¥®±£ ¡«¤ §®´²¨¦ £ ¡¤¨¦ ¡«¤ ³® ²´±µ¨µ¤ ® ³§¤ ²³±¤¤³² ¶§¨«¤ ¨£¨µ¨£´ «²ȁ 7¤ ±¤ ¢«¨¤³-¢¤³±¨¢ ¯±®¦± ¬ ³§ ³ ®¥¥¤±² (!.$ 50 ²®«´³¨®² ¶¨³§ ¢¢¤²² to §®´²¨¦Ǿ £±´¦ £ «¢®§®« ±¤§ ¡¨«¨³ ³¨® ² ¶¤«« ² ±¤¥¤±± «² ¥®± ¬¤³ « £ ¬¤£¨¢ « §¤ «³§ ²¤±µ¨¢¤²ȁ 0±®©¤¢³ (/0% ¨¢«´£¤²Ȁ #«¨¤³ )³ ª¤ #¤³¤± -®¡¨«¤ /´³±¤ ¢§ 3¤±µ¨¢¤² %¬¤±¦¤¢¸ .¤¤£² #¤³¤±Ȁ .´³±¨³¨® £ #«®³§¨¦ -®³§«¸ /´³±¤ ¢§ %µ¤³ Ȁ $ ¸ ®¥ (®¯¤ Project Category: 0´¡«¨¢ 3¤±µ¨¢¤² Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ #«¨¤³¤«¤Ȁ (®¬¤«¤²² Proposed Number to Serve: 150 Chula Vista Goal/Objective: 0´¡«¨¢ 3¤±µ¨¢¤² HUD Eligibility Matrix Code: ΏΔ - Pu¡«¨¢ 3¤±µ¨¢¤² Ȩ'¤¤± «ȩ FUNDING Amount Recommended: $15,000 2019-04-16 Agenda Packet Page 141 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: $¤µ¤«®¯¬¤³ 3¤±µ¨¢¤² $¤¯ ±³¬¤³-Housing Project | Program: 3¤¢³¨® ΐΏΗ ,® 0 ¸¬¤³ Grant Program: CDBG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: &´£² ¶¨«« ¡¤ ´²¤£ ¥®± ³§¤ £¤¡³ ²¤±µ¨¢¤ ¯ ¸¬¤³ ®¥ ³§¤ ͡ΘȁΔ¬¨««¨® 3¤¢³¨® ΐΏΗ ,® Ǿ ±¤¢¤¨µ¤£ ¨ ΑΏΏΗ ¥®± ³§¤ # ²³«¤¯ ±ª )¥± ²³±´¢³´±¤ 0±®¦± ¬ȁ 4§¤ ¯±®©¤¢³ ¢®²¨²³¤£ ®¥ ¢®¬¯«¤³¨® ®¥ ΐΐ ¤¶ ²³±¤¤³²Ǿ ¨¢«´£¨¦Ȁ ²¨£¤¶ «ª²Ǿ ¢´±¡²Ǿ ¦´³³¤±²Ǿ «¨¦§³¨¦ £ ²¨¦ ¦¤ȁ 4§¨² ±¤¯±¤²¤³² ¸¤ ± ¤«¤µ¤ ®¥ ³§¤ ³¶¤³¸ ¸¤ ± ³¤±¬ «® ȁ Project Category: # ¯¨³ « )¬¯±®µ¤¬¤³ Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ !±¤ Proposed Number to Serve: N/A Chula Vista Goal/Objective: # ¯¨³ « )¬¯±®µ¤¬¤³ȝ0´¡«¨¢ & ¢¨«¨³¸ )¬¯±®µ¤¬¤³ HUD Eligibility Matrix Code: ΐΘ& - 0« ¤£ 2¤¯ ¸¬¤³² ®¥ 3¤¢³¨® ΐΏΗ ,® ² FUNDING Amount Recommended: $764,000 2019-04-16 Agenda Packet Page 142 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: $3$ - (®´²¨¦ $¨µ¨²¨® Project | Program: '±¤¤ (®¬¤² ¥®± !«« 0±®¦± ¬ Grant Program: CDBG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: 4§¤ ¯±®¦± ¬ ¶¨«« ²²¨²³ §®¬¤®¶¤±² ¶¨³§ ¥¨ ¢¨ « ²²¨²³ ¢¤ ³® ¢®¬¯«¤³¤ ¤¤±¦¸ ¤¥¥¨¢¨¤³ improvements. Project Category: #®¬¬´¨³¸ $¤µ¤«®¯¬¤³ȝ(®´²¨¦ Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ (®´²¤§®«£² Proposed Number to Serve: ΐΏ (®´²¤§®«£² Chula Vista Goal/Objective: !¥¥®±£ ¡«¤ (®´²¨¦ HUD Eligibility Matrix Code: ΐΓ& - %¤±¦¸ %¥¥¨¢¨¤¢¸ )¬¯±®µ¤¬¤³² FUNDING Amount Recommended: $150,000 2019-04-16 Agenda Packet Page 143 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: $3$ - (®´²¨¦ $¨µ¨²¨® Project | Program: #®¬¬´¨³¸ (®´²¨¦ )¬¯±®µ¤¬¤³ 0±®¦± ¬ Grant Program: CDBG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: 4§¤ ¯±®¦± ¬ ¯±®µ¨£¤² ¨¢®¬¤-¤«¨¦¨¡«¤ §®¬¤®¶¤±² ¶¨³§ ¥¨ ¢¨ « ²²¨²³ ¢¤ ³® ¢®¬¯«¤³¤ §¤ «³§ £ ² ¥¤³¸ ±¤« ³¤£ ¨¬¯±®µ¤¬¤³²ȁ Project Category: #®¬¬´¨³¸ $¤µ¤«®¯¬¤³ȝ(®´²¨¦ Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ (®´²¤§®«£² Proposed Number to Serve: 10 Chula Vista Goal/Objective: !¥¥®±£ ¡«¤ (®´²¨¦ HUD Eligibility Matrix Code: ΐΓ! - 3¨¦«¤ & ¬¨«¸ 2¤§ ¡ FUNDING Amount Recommended: $48,642 2019-04-16 Agenda Packet Page 144 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: Engineeri¦ $¤¯ ±³¬¤³ Project | Program: !«¯¨¤ Ȩ. ¯«¤² ³® %¬¤±²®ȩ Grant Program: CDBG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: 0±®©¤¢³ ¶¨«« ¯±®µ¨£¤ ¬¨²²¨¦ ¯¤£¤²³±¨ ¯ ³§¶ ¸ £ ²³±¤¤³ ¨¬¯±®µ¤¬¤³² «®¦ !«¯¨¤ Ȩ¥±®¬ . ¯«¤² ³® Emerson). 4§¨² ±¤¯±¤²¤³² ³§¤ « ²³ ±¤¬ ¨¨¦ ²³±¤¤³ ³® ¡¤ ¨¬¯±®µ¤£ ² ¯ ±³ ®¥ ³§¤ ®±¨¦¨ « # ²³«¤¯ ±ª 3¤¢³¨® ,® !¯¯«¨¢ ³¨®ȁ Project Category: # ¯¨³ « )¬¯±®µ¤¬¤³ Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ !±¤ Proposed Number to Serve: 4,ΘΏΏ - Ζΐυ ,®¶ȝ-®£ Chula Vista Goal/Objective: # ¯¨³ « )¬¯±®µ¤¬¤³ȝ0´¡«¨¢ & ¢¨«¨³¸ )¬¯±®µ¤¬¤³ HUD Eligibility Matrix Code: ΏΒ, - Sidewalks FUNDING Amount Recommended: $637,500 2019-04-16 Agenda Packet Page 145 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: $¤µ¤«®¯¬¤³ 3¤±µ¨¢¤² $¤¯ ±³¬¤³-Housing Project | Program: %3' !£¬¨¨²³± ³¨® lj 0« ¨¦ Grant Program: ESG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: &´£² ¶¨«« ¡¤ ´²¤£ ¥®± ³§¤ ²³ ¥¥ ¢®²³² ²²®¢¨ ³¤£ ¶¨³§ ³§¤ ¬ ¦¤¬¤³ £ £¬¨¨²³± ³¨® ®¥ #§´« 6¨²³ ͒² %3' ¯±®¦± ¬ȁ 4§¨² ¨¢«´£¤² ¯±¤¯ ± ³¨® ®¥ ³§¤ ±¤°´¨±¤£ ¯« ¨¦ £®¢´¬¤³²Ǿ ±¤¦´« ³®±¸ ¢®¬¯«¨ ¢¤Ǿ ¢®³± ¢³ ®µ¤±²¨¦§³ ®¥ ³§¤ ¯ ±³¤±¨¦ ¦¤¢¨¤²Ǿ ¤µ¨±®¬¤³ « ±¤µ¨¤¶² £ ¥¨²¢ « management. Project Category: Administration/Planning Target Population: N/A Proposed Number to Serve: N/A Chula Vista Goal/Objective: .®³ !¯¯«¨¢ ¡«¤ HUD Eligibility Matrix Code: Αΐ! - '¤¤± « 0±®¦± ¬ !dministration FUNDING Amount Recommended: $12,808 2019-04-16 Agenda Packet Page 146 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: $3$ - (®´²¨¦ $¨µ¨²¨® Project | Program: 2 ¯¨£ 2¤(®´²¨¦ Grant Program: ESG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: (020 ¨² ±¤³ « ²²¨²³ ¢¤ ¯±®¦± ¬ £¤²¨¦¤£ ³® §¤«¯ ¯±¤µ¤³ £ ¤£ §®¬¤«¤²²¤²² ¡¸ ¯ ¸¨¦ ¯®±³¨® ¯ ±³¨¢¨¯ ³² ±¤³ǿ ´¯ ³® ¬ ·¨¬´¬ ®¥ ͡ΐǾΏΏΏ ¯¤± ¬®³§ £ ´¯ ³® ¬ ·¨¬´¬ ®¥ ͡ΐǾΏΏΏ ±¤³ ¨² ¥«¤·¨¡«¤ ¡ ²¤£ ® ³§¤¨± ¢´±±¤³ ¨¢®¬¤ȁ 1´ «¨¥¸¨¦ ¯ ±³¬¤³² ¬´²³ ¡¤ ¨ ³§¤ #¨³¸ ®¥ #§´« 6¨²³ £ ´£¤± & ¨± - ±ª¤³ 2¤³ȁ !¯ ±³¬¤³ ²¨¹¤ ¨² £¤³¤±¬¨¤£ ¡¸ ¥ ¬¨«¸ ²¨¹¤ȁ Project Category: %3' 0±®©¤¢³² Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ #«¨¤³¤«¤Ȁ (®¬¤«¤²² Proposed Number to Serve: 5 Chula Vista Goal/Objective: 0´¡«¨¢ 3¤±µ¨¢¤² HUD Eligibility Matrix Code: ΏΔ - 0´¡«¨¢ 3¤±µ¨¢¤² Ȩ'¤¤± «ȩ FUNDING Amount Recommended: $85,649 2019-04-16 Agenda Packet Page 147 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: 3®´³§ " ¸ #®¬¬´¨³¸ 3¤±µ¨¢es Project | Program: # ² .´¤µ 6¨£ 3§¤«³¤± Grant Program: ESG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: 3"#3͒ # ² .´¤µ 6¨£ ) ®¥¥¤±² ³§¤ ®«¸ ¯¤±¬ ¤³ short-³¤±¬ ²§¤«³¤±ȝ§®´²¨¦ ¯±®¦± ¬ ¥®± §®¬¤«¤²² ¥ ¬¨«¨¤² Ȩ¶¨³§ ¢§¨«£±¤ȩ ¨ ³§¤ 3®´³§ " ¸ ±¤¦¨®Ǿ ¨¢«´£¨¦ µ¨¢³¨¬² ®¥ £®¬¤²³¨¢ µ¨®«¤¢¤ȁ 3³ ¥¥ ´³¨«¨¹¤ ¢®¬¯±¤§¤²¨µ¤ ²³±¤¦³§²-bas¤£ ²²¤²²¬¤³Ǿ ¥³¤± ¶§¨¢§ ³®¦¤³§¤± ¶¨³§ ¢«¨¤³² ³§¤¸ £¤µ¤«®¯ ¨£¨µ¨£´ «¨¹¤£ ³±¤ ³¬¤³ ¯« Ǿ ³® ¨¢«´£¤ ¸ ´¬¡¤± ®¥ ²¤±µ¨¢¤² ¨¢«´£¨¦ ¢ ²¤ ¬ ¦¤¬¤³Ǿ ¢®´²¤«¨¦Ǿ ¤¬¯«®¸¬¤³ ²²¨²³ ¢¤Ǿ ¢§¨«£¢ ±¤Ǿ ¤³¢ȁ ²® ¤ ¢§ ¢«¨¤³ ¢ ¶®±ª ³® ±¤-¤²³ ¡«¨²§ ²¤«¥-s´¥¥¨¢¨¤³ «¨¥¤²³¸«¤ ¥±¤¤ ¥±®¬ §®¬¤«¤²²¤²²ȁ % ¢§ ¸¤ ±Ǿ ¶¤ ±¤ ´ ¡«¤ ³® §®´²¤ «« ®¥ ³§¤ ¨£¨µ¨£´ «² ¨ ¤¤£ ®¥ ²§¤«³¤± ¡¤¢ ´²¤ # ² .´¤µ 6¨£ ) ¨² ¥´««ȁ 7¨³§®´³ ²´¯¯®±³¨µ¤ §®´²¨¦ ¯±®¦± ¬² «¨ª¤ # ² .´¤µ 6¨£ Ǿ ¬®±¤ ¨£¨µ¨£´ «² ¶®´«£ ¡¤ ¥®±¢¤£ ³® «¨µ¤ ® ³§¤ streets. Project Category: %3' 0±®©¤¢³² Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ #«¨¤³¤«¤Ȁ (®¬¤«¤²² Proposed Number to Serve: 90 Chula Vista Goal/Objective: 0´¡«¨¢ 3¤±µ¨¢¤² HUD Eligibility Matrix Code: ΏΒ4 - /¯¤± ³¨¦ #®²³² Ȩ(®¬¤«¤²² 0±®¦± ¬²ȩ FUNDING Amount Recommended: $63777 2019-04-16 Agenda Packet Page 148 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: 3®´³§ " ¸ #®¬¬´¨³¸ 3¤±µ¨¢¤² Project | Program: (®¬¤«¤²² - ¦¤¬¤³ )¥®±¬ ³¨® 3¤±µ¨¢¤² Grant Program: ESG 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: *´±¨²£¨¢³¨®² ±¤ ±¤°´¨±¤£ ³® ¢®««¤¢³ «®¢ «Ǿ ¢«¨¤³- «¤µ¤« £ ³ £ £ ³ ® ³§¤ ¯±®µ¨²¨® ®¥ §®´²¨¦ £ ²¤±µ¨¢¤² ³® §®¬¤«¤²² ¨£¨µ¨£´ «² £ ¥ ¬¨«¨¤² £ ¯¤±²®² ³ ±¨²ª ®¥ §®¬¤«¤²²¤²²ȁ 4§¤ #¨³¸ ²´¡¢®³± ¢³² ¶¨³§ 3®´³§ " ¸ #®¬¬´¨³¸ 3¤±µ¨¢¤² ³® ¯±®µ¨£¤ ³§¨² ²¤±µ¨¢¤ ´³¨«¨¹¦ ³§¤ (®¬¤«¤²² - ¦¤¬¤³ )¥®±¬ ³¨® 3¸²³¤¬ Ȩ(-)3ȩȁ (5$ ´²¤² ¦¦±¤¦ ³¤ (-)3 £ ³ ³® ¡¤³³¤± ¨¥®±¬ §®¬¤«¤²² ¯®«¨¢¸ £ £¤¢¨²¨® ¬ ª¨¦ ³ ³§¤ ¥¤£¤± «Ǿ ²³ ³¤Ǿ £ «®¢ « «¤µ¤«²ȁ 3¯¤¢¨¥¨¢ ««¸Ǿ (-)3 ¢ ¡¤ ´²¤£ ³® ¯±®£´¢¤ ´£´¯«¨¢ ³¤£ ¢®´³ ®¥ §®¬¤«¤²² ¯¤±²®²Ǿ ´£¤±²³ £ ¯ ³³¤±² ®¥ ²¤±µ¨¢¤ ´²¤Ǿ £ ¬¤ ²´±¤ ³§¤ ¤¥¥¤¢³¨µ¤¤²² ®¥ §®¬¤«¤²² ¯±®¦± ¬²ȁ Project Category: Administration/Planning Target Population: Homeless Proposed Number to Serve: N/A Chula Vista Goal/Objective: 0´¡«¨¢ 3¤±µ¨¢¤² HUD Eligibility Matrix Code: Αΐ! - '¤¤± « 0±®¦± ¬ !£¬¨¨²³± ³¨® FUNDING Amount Recommended: $8,539 2019-04-16 Agenda Packet Page 149 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: $3$ - (®´²¨¦ $¨µ¨²¨® Project | Program: (/-% 0« ¨¦ £ !£¬¨¨²³± ³¨® Grant Program: HOME 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: &´£² ¶¨«« ¡¤ ´²¤£ ¥®± ³§¤ ²³ ¥¥ ¢®²³² ²²®¢¨ ³¤£ ¶¨³§ ³§¤ ¬ ¦¤¬¤³ £ £¬¨¨²³± ³¨® ®¥ #§´« 6¨²³ ͒² (/-% ¯±®¦± ¬ȁ 4§¨² ¨¢«´£¤² ¯±¤¯ ± ³¨® ®¥ ³§¤ ±¤°´¨±¤£ ¯« ¨¦ £®¢´¬¤³²Ǿ ±¤¦´« ³®±¸ ¢®¬¯«¨ ¢¤Ǿ ¢®³± ¢³ ®µ¤±²¨¦§³ ®¥ ³§¤ ¯ ±³¤±¨¦ ¦¤¢¨¤²Ǿ ¤µ¨±®¬¤³ « ±¤µ¨¤¶² £ ¥¨²¢ « management. Project Category: Planning/Admin Target Population: N/A Proposed Number to Serve: N/A Chula Vista Goal/Objective: !¥¥®±£ ¡«¤ (®´²¨¦ HUD Eligibility Matrix Code: Αΐ! - '¤¤± « 0±®¦± ¬ !£¬¨¨²³± ³¨® FUNDING Amount Recommended: $90,024 2019-04-16 Agenda Packet Page 150 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: $3$ - (®´²¨¦ $¨µ¨²¨® Project | Program: 4¤ ³ " ²¤£ 2¤³ « !²²¨²³ ¢¤ 0±®¦± ¬ Grant Program: HOME 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: 4§¤ ¯±®¦± ¬ ¶¨«« ¯±®µ¨£¤ ´¯ ³¶® ΑΓ ¬®³§² ®¥ ±¤³ « ²´¡²¨£¨¤² ³® ¨£¨µ¨£´ «²ȝ¥ ¬¨«¨¤² ¥ ¢¨¦ homelessness. Project Category: (/-% 0±®©¤¢³² Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ (®´²¤holds Proposed Number to Serve: 10 Chula Vista Goal/Objective: !¥¥®±£ ¡«¤ (®´²¨¦ HUD Eligibility Matrix Code: 53 2¤³ « (®´²¨¦ 3´¡²¨£¨¤² FUNDING Amount Recommended: $200,000 2019-04-16 Agenda Packet Page 151 of 197 Application Number: !00,)#!.4 ).&/2-!4)/N Applicant: $¤µ¤«®¯¬¤³ 3¤±µ¨¢¤² $¤¯ ±³¬¤³-Housing Project | Program: 0±®£´¢³¨® ®¥ !¥¥®±£ ¡«¤ (®´²¨¦ Grant Program: HOME 02/*%#4 ).&/2-!4)/. !.$ %,)')"),)49 Project | Program Description: (/-% ¥´£² ¶¨«« ¡¤ ²¤³- ²¨£¤ ¥®± ³§¤ ¯±®£´¢³¨® ®¥ ¥¥®±£ ¡«¤ §®´²¨¦ ¯±®©¤¢³ȁ 4§¤ #¨³¸ ¨² ¢´±±¤³«¸ ¢¢¤¯³¨¦ ¥¥®±£ ¡«¤ §®´²¨¦ £¤µ¤«®¯¬¤³ ¯¯«¨¢ ³¨®² ¥±®¬ ¤«¨¦¨¡«¤ £¤µ¤«®¯¤±²ȁ /¢¤ ¯ ±³¤± £ ²¯¤¢¨¥¨¢ ¯±®©¤¢³ § ² ¡¤¤ ¨£¤³¨¥¨¤£ £ ²¤«¤¢³¤£Ǿ ²³ ¥¥ ¶¨«« ±¤³´± ³® #®´¢¨« ¥®± ¯¯±®µ «ȁ Project Category: (/-% 0±®©¤¢³² Target Population: ,®¶ȝ-®£¤± ³¤ )¢®¬¤ (®´²¤§®«£² Proposed Number to Serve: 5 Chula Vista Goal/Objective: !¥¥®±£ ¡«¤ (®´²¨¦ HUD Eligibility Matrix Code: ΐΑ - #®²³±´¢³¨® ®¥ (®´²¨¦ FUNDING Amount Recommended: $2,124,320 2019-04-16 Agenda Packet Page 152 of 197 April 16, 2019File ID: 19-0069 TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REAL PROPERTY PURCHASE AND SALE AGREEMENT FOR 224 THIRD AVENUE BY AND BETWEEN THE CITY OF CHULA VISTA AND TECTURE RED, LLC. RECOMMENDED ACTION Council adopt the resolution. SUMMARY InFebruary 2015, the City Council authorized the purchase of the0.14-acreparcel at 224 Third Avenue, directly north of the Vogue Theater,fora purchaseprice of $260,000dollars. The City’s acquisition of the subject parcel was an open-market opportunity purchase made with the intent of holding the property for future use as an economic incentive to encourage redevelopment ofthe adjacent Vogue Theater property. The parcel’s current use is a vacantlot. Since the acquisition of the property four years ago, serious interest has been expressed in revitalizing The Vogue Theaterby the design and build studio,Tecture. Under the direction of Slade Fischer, Tecture is proposing a vision for The Vogue of a single-screen theater with the flexibility of hosting concerts, meetings and events that would serve asan evolved dining, drinking and entertainment venue. With such a use, the developer would require the adjacent parking lot to utilize as an outdoorgathering, movie viewing and event space serviced by a diverse sampling of food and drink vendors. In reviewing the incorporation of this lot with the proposed project, it is apparent that significant preparation workand site clearance of the 0.14-acre lotwill be necessary. The site mustbe completely cleared of existing improvements, including the asphalt surface. Additionally, utilities, including water, sewer and electricity, will need to be brought on-site. Staff has estimated that these costs will equate to approximately $50,000 to $60,000dollars. These costs do not include the cost that will be needed to receive design review approval and prepare construction plans.Accounting for some degree of appreciation over the last four years, a purchase price of $210,000 dollars for this sitewas determinedand is considered fair market value.Details of the proposed purchase and sale agreement are outlined in staff’s report. ENVIRONMENTAL REVIEW The proposed Project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the Project qualifies for an exemption pursuantto State CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning); Section 15332 (In-Fill v.001 Page|1 2019-04-16 Agenda Packet Page 153 of 197 Development Projects); and Section 15061(b)(3), because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION In February 2015, the City Council authorized the purchase of the vacant 0.14-acre parcel at 224 Third Avenue, directly north of the Vogue Theater, for a purchase price of $260,000. The City’s acquisition of the subject parcel was an open-market opportunity purchase made with the intent of holding the property for future use as an economic incentive to encourage redevelopment ofthe adjacent Vogue Theater property. Since the acquisition of the property four years ago, serious interest has been expressed in revitalizing The Vogue Theater by the design and build studio, Tecture. Under the direction of Slade Fischer, Tecture is proposing a vision for The Vogue of a single-screen theater with the flexibility of hosting concerts, meetings and events that would serve as an evolved dining, drinking and entertainment venue. With such a use, the developer would require the adjacent parking lot to utilize as an outdoor gathering, movie viewing and event space serviced by a diverse sampling of food and drink vendors. In reviewing the incorporation of this lot with the proposed project, it is apparent that significant preparation work and site clearance of the 0.14-acre lotwill be necessary. The site mustbe completely cleared of existing improvements, including the asphalt surface. Additionally, utilities, including water, sewer and electricity, will need to be brought on-site. Staff has estimated that these costs will equate to approximately $50,000 to $60,000dollars. These costs do not include the cost that will be needed to receive design review approval and prepare construction plans.Accounting for some degree of appreciation over the last four years, a purchase price of $210,000 dollars for this sitewas determinedand is considered fair market value. Details of the proposed purchase and sale agreement (Attachment 2)are outlined in staff’s report. The Vision and Use Tecture’s mission for the proposed project is to embrace and celebrate the existing culture of Chula Vista and Third Avenue while providing an entertainment venue that stimulates the region and cultivates South San Diego’s creative scene.The Vogue Theater has been a symbol of Third Avenue for over 70 yearsandhas historical and sentimental significance to the community. The theater’s locationon Third Avenueoffers enormous potential to further improve the business districtby offering a family-friendly entertainment option to complement the existing eateries and retail stores. The proposed remodel is anticipated to be a catalyst to encourage further revitalization on Third Avenue. Tecture’s vision for The Vogue is to preserve the theater’s historic attributes while providing an entertainment alternative to the single-screen theater model. The space is designed as an all-ages and family friendly venue for an estimated 500-1,000 seats. The venue wouldoffer on-site alcohol and food sales to support the theater’s operation. Tecture’s intent is to support and compliment the local craft beer tasting rooms and local dining establishments to ensure there is non-direct competition. Page|2 2019-04-16 Agenda Packet Page 154 of 197 A draft preliminary concept design (Attachment 4) proposes an approximate total of 6,189 square feet of interior and exterior improvements. The project proposal includesthe addition and remodel of:the box office, a single-screen and entertainment space, downstairs main floor bar, upstairs marquee bar, mezzanine seating, and multi-function spaces. The exterior remodel andproposedbuild-out onto the 0.14- acre parcel include anoutdoorgame area, communalseating, a lounge for live music and movie viewing, fixed food service area, green rooms, storage rooms, an outdoor screen surrounded by communal tables and a food/mobiletruck access point. Should the sale of the property at 224 Third Avenue be approved and all requirements and conditions specified within the property purchase and sale agreement complied with prior to the close of escrow, Tecture will formally submit Tenant Improvement Plans and work through the development review process with the Development Services Department. The Property Purchase and Sale Agreement The Real Property Manager and the City’slegal counselhave drafted a Real Property Purchase and Sale Agreement.For Tecture to acquire the property and move forward with their vision for The Vogue, a variety of requirements and conditions must be complied with prior to the close of escrow for the property. The property purchase and sale agreement is for atotalsale price of $210,000. The city’sagreement to sell the property is contingent upon the adoption of a Resolution by the City Council authorizing the sale and the completion by the parties of the conditions prior to the close of escrow. Prior to the close of escrow, Buyer shall have applied for, and been issued, all necessary permitsand shall have provided City with evidence that it has secured adequate financing to complete the project. An overview of the requirements and conditionsfor the close of escrow and acquisition of the propertyis outlinedin Attachment 2 of staff’s report. About Tecture Tecture is a design and fabrication studio of designers, craftsmen, artists and builders who pride themselves on bringing alluring and functional concepts to life. Tecture has experience in taking a project from the initial idea and concept through the design and construction process to completion. The studio offers a wide breadth of services including concept design, interior design, exterior design, space planning, custom furnishings, fabrication, project management, construction administration and general contracting in the retail, commercial, residential and service industries. Their portfolio of featured design-build projects in San Diego County includes Nolita Hall, Kettner Exchange,George’s at the Cove, Firehouse American Eatery, Bivouac Ciderworks and more. Slade Fischer is currently serving the City of Chula Vista on the Third Avenue Village Association 2019 Board of Directors. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Counciland has found thatMayor Mary Casillas Salas has real property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(7), this item presents a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. Staff is not independently Page|3 2019-04-16 Agenda Packet Page 155 of 197 aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is an anticipated impact of $210,000 as one-time revenue to the City’s General Fund fromthe property’s sale. Additionally,the sale will convert the once government-owned tax-exempt property into a taxable parcel resulting in future property taxrevenue. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City’s General Fund as the sale of the property will result in one- time revenue. However, as the project is completed and the vision is realized, there is expected to be a positive ongoing fiscal impact to the businesses on Third Avenue and the local tax basethrough an increase in sales tax revenue. ATTACHMENTS 1.Real Property Purchase and SaleAgreement for 224 Third Avenue 2.Subject Parcel Location Exhibits 3.Vogue Theater Preliminary Concept Design by Tecture Staff Contacts: Rick Ryals, Real Property Manager Miranda Evans, Economic Development Specialist Page|4 2019-04-16 Agenda Packet Page 156 of 197 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REAL PROPERTY PURCHASE AND SALEAGREEMENT FOR 224 THIRD AVENUE BY AND BETWEEN THE CITY OF CHULA VISTA AND TECTURE RED, LLC. WHEREAS, in February 2015, the City Council authorized the purchase of real property, a0.14-acre parcel at 224 Third Avenue, directly north of the Vogue Theater, for a purchase price of $260,000; and WHEREAS, the Cityof Chula Vistasacquisition of the subject parcel was an open- market opportunity purchase made with the intent of holding the property for future use as an economic incentive to encourage redevelopment of the adjacent Vogue Theater propertywhich will further foster economic vitality on Third Avenue; and WHEREAS, Tecture Red, LLC. (Tecture) has expressed interest in purchasing the subject property for use in the redevelopment and revitalizationof The Vogue Theater on the adjacent parcel located at 226 Third Avenue; and WHEREAS, the City of Chula Vista (City)has determined that the sale of 224 Third Avenue is necessary to enable and incentivize Tecture Red, LLC. to redevelop and revitalize the adjacent Vogue Theater; and WHEREAS, Tecturehas offered to purchase the Property from Seller for $210,000, a cost determined to be fair market value, and subject to the conditions set forth within the Real Property Sale Agreement and Seller has agreed to sell the Property to Tecturesubject to those conditions; and WHEREAS, the subject property is being sold in accordance with Chula Vista Municipal Code Section 2.56.130 and with the recommendation of the City Manager and approval of the City Council; and WHEREAS, the property has been determined to have no present or future use for public purposes and the sale of the property was duly noticed on the Citys website; and WHEREAS, the property is being proposed for saleto Tecturewith the expectation that Tectureshall strive to utilize the subject parcel in achieving the shared vision for the project as a theater and indoor-outdoor entertainment venue that stimulates the region and cultivates South San Diegos creative scene thereby encouraging further revitalization and economic success on Third Avenueand throughout Chula Vista. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves TheReal Property Purchase and SaleAgreement for 224 Third Avenue by and between The City of Chula Vista and Tecture Red, LLC. in the form presented, with such 2019-04-16 Agenda Packet Page 157 of 197 Resolution No. Page 2 modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the office of the City Attorney, and authorizes and directs the Mayor, or designated employee, to execute same. BE IT FUTHER RESOLVED by the City Council of the City of Chula Vistathatit authorizes the Director of Economic Development or designee to execute such further documentation and take such further action as necessary to effectuate the sale of the property 224 Third Avenue in a manner consistent with executed Purchase and Sale Agreement and this resolution. Presented byApproved as to form by Glen R. Googins Eric CrockettCity Attorney Director of Economic Development 2019-04-16 Agenda Packet Page 158 of 197 Escrow Company: Stewart Title Escrow No. Title Order No. R EAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS REAL PROPERTY PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (Agreement) is entered into by and between the CITYOF CHULA VISTA, a chartered municipal corporation(Seller), andTECTURE RED, LLC. (Buyer). Seller and Buyer may be referred to in this Agreement individuallyas a Party and collectively as the Parties to be effective as of the date of execution by Seller (Effective Date), with reference to the following facts: WHEREAS, Buyerdesires to purchase fee title in and to Sellers real property locatedat 224 Third Avenue, City of Chula Vista, County of San Diego, State of California;and WHEREAS, Buyerhas offered Seller the sum of $210,000for the purchaseof the Property; and WHERAS, Seller has agreed to accept the offered purchase price subject tothe terms and conditions set forth in this Agreement. NOW THEREFORE, for good and valuable consideration, the adequacy of which is hereby acknowledged, the Parties agree as follows: 1.AGREEMENT TO SELL AND PURCHASEPROPERTY In strict accordance with the terms and conditions set forth in this Agreement, Buyeragrees to purchase from Seller and Seller agrees to sell to Buyerall of the real property, including all right, title, and interesttherein,located at 224 Third Avenue,Chula Vista, California 91910, San Diego County Assessors Parcel No. 568-044-19, and more particularly described in the legal description onExhibit A(Property), which is attached hereto and incorporated hereinby this reference. 2.PURCHASE PRICE Buyer agrees to pay Seller thesum ofTwo Hundred Thousand dollars and zero cents ($210,000.00) (the Purchase Price) which will be paid by Buyer and to Seller as provided in this Agreement. 3.DEVELOPMENT OF PROJECT Buyer and Seller acknowledge that this sale is intended to allow the Property to beusedin a larger development with Buyers adjacent property in order to revitalize The Vogue Theateras a theater 224 Third Avenue PurchaseAgreement APN 568-044-19 Page 1 2019-04-16 Agenda Packet Page 159 of 197 and indoor-outdoor entertainment venue to provideeconomic stimulationto the regionand itsresidents (Project). Buyer acknowledges that City has identified the Property as a suitable parcel for economic development purposesand Buyer agreesto, in addition to the other requirements of this Agreement, exercise good faith efforts to complete the Project to achieve thesepurposes. 4.DUE DILLIGENCE a.Due Diligence Deliveries. Promptly after execution of this Agreement, Seller will make reasonable efforts toprovide Buyer with the following, to the extent they are within Seller's possession or control;copies of all materials relating to or affecting the Property permits, approvals, certificates, notices, contracts, studies, reports, appraisals, utility bills, insurance bills and policies, applications of or to governmental or quasi-governmental entities, surveys, maps, plans, specifications, drawings, service or other contracts, and any leases, agreements or instruments. Buyer understands that Seller makes no guaranties or warranties as to any of the materials it provides Buyer. b.Approval of Title. Per section 5 below, Escrow Holder shall order a Preliminary Title Report for the Property to be delivered for review by Buyer. Buyer shall havefive (5)calendar days from delivery of a Preliminary Title Report for the subject Property (the Due Diligence Period),to review and approve saidPreliminary Title Report and all other documents supplied by Seller pursuant to the preceding Section4(a). Seller will make reasonable efforts tofacilitate Buyers access to the Property at reasonable times, for physical inspections as required by Buyer. c.Environmental. Buyer will have a reasonabletime to perform a Phase 1 Environmental Assessment, andclose of escrowwill be contingent upon a satisfactory report. If in the rare occurrence the Phase 1 Environmental Assessment suggests a greater land survey is needed such as a Phase 2 Survey Assessment or the like, then Seller will allow reasonably ample time for Buyer to either have one performed or cancel the transaction. 5.ESCROW Buyeragrees to open an escrow (Escrow) in accordance with this Agreement atStewart Title (Escrow Holder), located at 7676 Hazard Center Drive, San Diego, California 92108and deposit a fully executed copy of this Agreement by no later than seven (7)days afterCity Council approval of this Agreement. Buyer shall, concurrent with the delivery of this Agreement deposit Five Thousand Dollars and Zero cents ($5,000.00)into Escrow. Buyer shall deliver an additional deposit Five Thousand Dollars and Zero cents ($5,000.00)into Escrow within three (3) daysafter Buyer waivesdue diligence conditions as set forth in Section 4(b)above.Deposits will be applied against the Purchase Price at closing.All usual and reasonable fees, charges, and costs (including transfer taxes, if any) which arise in the Escrow, shall be paid by Buyer upon demand ofEscrow Holder. This Agreement constitutes the joint escrow instructions of the Parties, and Escrow Holderto whom these instructions are delivered is empowered to act under this Agreement. The Parties agree to do all acts reasonably necessary to close Escrow as soon as possible, but in all events by no later than eighteen (18) months afterthe Effective Date. The terms closingand/or close of Escrowas used herein shall mean the date necessary instruments of conveyance are recorded in the office of the County 224 Third Avenue PurchaseAgreement APN 568-044-19 Page 2 2019-04-16 Agenda Packet Page 160 of 197 Recorder. Recordation of instruments delivered through Escrow are authorized if necessary or proper in the issuance of title insurance pursuant to this Agreement. Concurrent with the opening of Escrow, Escrow Holder shall order a Preliminary Title Report for the subject Property to be delivered for review by both Buyerand Seller. Buyer shall review and respond to said Preliminary Report as set forth in Section 4(b). Buyershall, upon receipt of a statement of estimated closing cost from Escrow Holder, deposit the balance of the Purchase Price together with additionalfunds as set forth in the statement. The deposit shall be made in accordance with the wire transfer instructions of the Escrow Holder and shall be made in sufficient time to allow for the timely close of Escrow. Buyershall execute and deposit into Escrow a Certificate of Acceptance accepting fee title to the Property in sufficient time to allow for the timely close of Escrow. Seller shall execute and deliver into Escrow an executed Grant Deed conveying fee title to the Property to Buyerin sufficienttime to allow for the timely close of Escrow. Seller and Buyeragree to deposit with Escrow Holder any additional instruments as may be reasonable and necessary to complete this transaction in a timely manner. All funds received in Escrow shall be deposited with other Escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by wire transfer from such account, unless Seller requests another form of payment. 6.TITLE INSURANCE Stewart Title of San Diego, as title insurer, must be prepared to issue Buyer on the Closing Date a policy of title insurance in the form and substance requested by Buyer during the Due Diligence Period. If Buyerrequests a policy of title insurance when Escrow Holder holds for Seller the Grant Deed in favor of Buyer, executed and acknowledged by Seller covering the Property, Escrow Holder shall causesaid policy to be issued and delivered to Buyer,at Buyer's sole cost (Title Policy), with liability in the amount of the Purchase Price, covering the Property and showing title vesting in Buyer, free of all recorded and unrecorded, liens, encumbrances, and taxes except those previously accepted by Buyer, and: (1) All non-delinquent general and special real property taxes for the current fiscal year; (2) The standard printed exceptions and exclusions contained in the CLTA or ALTA form policy; (3) Public and Quasi-public utility, public alley, public street easements and rights of way of record; (4)All present and future zoning, building, environmental and other laws, ordinances, codes, restrictions and regulations of all governmental authorities having jurisdiction with respect to the Property, including, without limitation, landmark designations and all zoning variances and special exceptions, if any; 224 Third Avenue PurchaseAgreement APN 568-044-19 Page 3 2019-04-16 Agenda Packet Page 161 of 197 (5) Variations between tax lot lines and lines of record title; and (6) Any lien or encumbrance arising out of the acts or omissions of Buyer. Escrow Holder is authorized to and shall pay and charge Buyerfor any title insurance premium and the costs of any endorsements. Escrow Holder is authorized to and shall disburse funds and deliver the Grant Deed when Buyerand Seller have fulfilled all conditions of the Escrow and the Agreement. 7.RESPONSIBILITY OF ESCROW HOLDER Responsibility of Escrow Holder under this Agreement is expressly limited to Section 6herein and to its liability under any policy of title insurance issued in regard to this transaction. 8.TITLE AND CONVEYANCE OF INTEREST Seller shall convey fee simple title to the Property to Buyerby Grant Deed, in substantially the same formas Exhibit B hereto,subject to zoning and building laws and ordinances, and acts done or sufferedby Buyeror claims made by, through, or under Buyer. To the actual knowledge of Seller, without further inquiry, as of the effective date there are no unrecorded liens, leases, or encumbrances against the Property. Fee title shall pass to Buyer upon recordation of said Grant Deed(Delivery). 9.CONDITION OF PROPERTY/AS IS. a.BUYERACKNOWLEDGES AND AGREES THAT SELLER HAS NOT MADE, DOES NOT MAKE,AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES AND SELLER HAS NOT MADE, DOES NOT MAKE,AND SPECIFICALLY NEGATES AND DISCLAIMS ANY OBLIGATIONS OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY,OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL,AND GEOLOGY, (B) THE INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH BUYERMAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THEPROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR,OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT SELLER HAS NOT MADE, DOES NOT MAKE,AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANYFEDERAL, STATE, OR LOCAL LAWS, INCLUDING WITHOUT LIMITATION ANY HAZARDOUS MATERIALS, ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE,ZONING,OR DEVELOPMENT OR REGIONAL IMPACT LAWS, 224 Third Avenue PurchaseAgreement APN 568-044-19 Page 4 2019-04-16 Agenda Packet Page 162 of 197 RULES, REGULATIONS, ORDERS,OR REQUIREMENTS. BUYERFURTHER ACKNOWLEDGES AND AGREES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO INSPECT THE PROPERTY, BUYERIS RELYING SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY. BUYERFURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. SELLER IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS,OR INFORMATION PERTAINING TO THE PROPERTY, OR THE OPERATION THEREOF, FURNISHED BY ANY REAL ESTATE BROKER, AGENT, EMPLOYEE, SERVANT,OR OTHER PERSON. BUYERFURTHER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS", "WHERE IS" AND, "WITH ALL FAULTS" CONDITION AND BASIS. Buyer's Initials: ________________ b.Effective as of the close of Escrow, Buyershall, and by the execution of the Agreement, hereby does, forever release Seller of and from any and all losses, liabilities, damages, claims, demands, causes of action, costs,and expenses, whether known or unknown, to the extent arising out of or in any way connected with the Property after the close of Escrow, including, without limitation, the condition of title to the Property or the environmental or structural condition of the Property. Buyeragrees never to commence, aid in any way, or prosecute against Seller, any action or other proceeding based upon any losses, liabilities, damages, claims, demands, causes of action, costs,or expenses, arising out of or in any way connected with the Property after the close of Escrow, including, without limitation, the condition of title to the Property and the environmental and structural condition of the Property. Notwithstanding any provision tothe contrary contained herein, nothing in this Section 8shall be deemed to constitute a waiver of any rights or remedies arising from Seller's intentional fraud or intentional misrepresentation of any material fact with an intent to mislead. c. Buyerhereby fully and forever releases and discharges Seller from any and all claims, rights, actions, damages, and/or liabilities, of any nature whatsoever, fixed or contingent, existing now or arising in the future, known or unknown, in any way relating to the Property, excluding only claims arising under this Agreement. Buyeracknowledges Buyermay later learn of circumstances bearing upon the rights released in this Agreement. Buyerspecifically waives the rights afforded by Section 1542 of the CaliforniaCivil Code which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor. Buyer's Initials: ________________ 224 Third Avenue PurchaseAgreement APN 568-044-19 Page 5 2019-04-16 Agenda Packet Page 163 of 197 10.SELLER DEFAULT IF THE SELLER DEFAULTS UNDER THE TERMS OF THE AGREEMENT, AND IF SELLER FAILS TO CURE SUCH DEFAULT ON OR BEFORE THE DATE WHICH IS THREE (3) BUSINESS DAYS AFTER NOTICE THEREOF FROM BUYER (OR, IF EARLIER, ON THE CLOSING DATE), BUYER MAY, AS ITS SOLE AND EXCLUSIVE REMEDY, EITHER (I) TERMINATE THIS AGREEMENT BY DELIVERY OF NOTICE OF TERMINATION TO SELLER AND ESCROW HOLDER, IN WHICH EVENT THE DEPOSIT SHALL BE RETURNED TO BUYER, AND THIS AGREEMENT, AND THE RIGHTS AND OBLIGATIONS OF BUYER AND SELLER HEREUNDER SHALL TERMINATE OR (II)SPECIFICALLY ENFORCE SELLER'S OBLIGATIONS. Seller's Initials: __________Buyer's Initials: __________ 11.INDEMNITY To the maximum extent provided bylaw, Buyerreleases and agrees to indemnify, protect, defend, and hold harmless Seller and its elected officials, officers, employees, contractors and agents (Indemnified Parties) from and against any and all demands, claims, causes of action, injuries, liabilities, losses, damages, costs,orexpenses, however the same may be caused, including all costs and reasonable attorneys fees in providing the defense to any claim arising therefrom, for any loss of, or damage to property (real and/or personal), for personal injury to or death of any person or persons arising out of or occurring by reason of, or any way connected with this Agreement or the purchase, condition, existence, use, or improvementof the Property from and after the date of Delivery. This Indemnity shall survive termination and expiration of this Agreement and shall be binding upon Buyer, and its successors and assigns. 12.INDEMNITY FOR DRAINAGE To the maximum extent provided by law, Buyerreleases and agrees toindemnify, protect, defend,and hold harmless all Indemnified Partiesfrom and against any and all demands, claims,causes of action,injuries, liabilities, losses, damages, costs,orexpenses, however the same may be caused, including all costs and reasonable attorneys fees in providing the defense to any claimsarising therefrom, for any lossesof, or damagesto property (real and/or personal), for personal injuriesto or death of any person or persons arising out of or occurring by reason of, or any way connected with Buyersuseor improvement of the Property which in any way affects or impacts the drainage on, from, or across the Propertyfrom and after the date of Delivery. This Indemnity shall survive termination and expiration of this Agreement and shall be binding upon Buyer, and its successors and assigns. 13.ENVIRONMENTAL INDEMNITY To the maximum extent provided by law, Buyershall indemnify, protect, defend and hold harmless all Indemnified Partiesfrom and against any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, proceedings, costs, disbursements, or expenses (including, without limitation, attorneys and experts fees and disbursements) of any kind or 224 Third Avenue PurchaseAgreement APN 568-044-19 Page 6 2019-04-16 Agenda Packet Page 164 of 197 of any nature whatsoever which may at any time beimposed upon, incurred by or asserted or awarded against the Seller, from and after the date of Delivery, as to the Property or any portions of the Property, arising from or out of: the existence, release, presence,or disposal on, in, under, about,or adjacent of any hazardous materials, hazardous substances, hazardous waste,or toxic substances, as defined in all applicable local, state,and federal laws and regulations (collectively, Hazardous Materials). This Indemnity shall bebinding upon Buyer, and its successors and assigns, and inureto the benefit, together with all rights and remedies of Seller pursuant to this Agreement and any successor to Sellers powers orinterests in the Property.This Indemnity shall survive termination and expiration of this Agreement and shall be binding upon Buyer, and its successors and assigns. 14.LIMITED LIABILITY Any obligations or liabilities of Seller arising by virtue of this Agreement shall be limited to the Property and resort shall not be had to any other assets of Seller. 15.COMPLIANCE WITH LAWS Buyershall be solely responsible forcompliance with all laws, governmental regulations, and the direction of competent legalauthority related directly or indirectly to Buyers purchase andintended use of the Property, all atBuyerssole cost and expense. Buyershall protect, defend, indemnify, and hold harmless the Indemnified Partiesfrom and againstany and all claims asserted or liability established for damages or injuries to any person orproperty, includinginjury to Buyersofficers, employees, invitees, guests, agents, orcontractors, which arise out of or are in any manner directly or indirectly connected withBuyersefforts to comply with such legal requirements. 16.REAL ESTATE COMMISSIONS Seller has not contracted with a Broker in this transaction and Seller will not be responsible for any commission arising from this transaction. If any other broker, finder,or other person makes a claim for commissions or finder's fee based upon any contract, dealing,or communication with a party, then such party shall indemnify, defend,and hold the other party harmless from and against any and all damages, claims, losses,and expenses, including attorneys' fees, arising out of the broker's, finder's,or other person's claim. 16.BUYERS CONDITIONS TO CLOSE Notwithstanding anything to the contrary contained herein, the obligation of Seller to close title in accordance with this Agreement is expressly conditioned upon the fulfillment by and as of the time of the close of Escrowof each of the conditions listedbelow, provided that Seller, at its election, evidenced by written notice delivered to Buyerat or prior to the close of Escrow, may waive any of such conditions: a.Permits. Buyer shall have been issued alldiscretionary and non-discretionary permits necessary construct the Project. 224 Third Avenue PurchaseAgreement APN 568-044-19 Page 7 2019-04-16 Agenda Packet Page 165 of 197 b.Financing. Buyer shall have provided evidence that it has secured all necessaryfinancing for the development and construction of the Project, in a form acceptable to City in Citys reasonablediscretion, such that the Project is feasible for completion within _______ months of the Close of Escrow. Seller may require Buyer to provide documentation in support of such financing including but not limited to loan documents, financials, ledgers, and other documentation reasonablynecessary to review and approve the evidence provided c.Compliance with Agreement. Buyershall have: (i) executed and delivered to Seller all of the documentsrequired by this Agreement; (ii) paid the full balance of the Purchase Price in accordance with Section 2above; (iii) paid all other sums of money required under this Agreement,and (iv) taken or caused to be taken all of the other action required of Purchaser pursuant to this Agreement. d.No Default. Buyershall not be in default of any covenant oragreement to be performed by Buyerunder this Agreement, and shall have performed all other obligations required to be performed by it under this Agreement on or prior to closing. e.Representations and Warranties. On the close of Escrow, all representations and warranties made by Buyerin this Agreementshall be true and correct as if made on the date of the close of Escrow. 17.CITY COUNCIL APPROVAL REQUIRED Buyerunderstands and agrees that this Agreement must be reviewed and considered at a hearing before the City Council. Buyer also understands that prior to the execution of this Agreement by Seller,. The City Council has the sole and absolute discretion to approve or disapprove this Agreement or any sections thereof. 18.MISCELLANEOUS a.Legal Fees. In the event of the bringing of any action or suit by either party against the other party by reason of any breach of any of the covenants, conditions, agreementsor provisions on the part of the other party arising out of this Agreement, the party in whose favor final judgment shall be entered shall be entitled to have and recover of and from the other party all costs and expenses of suit, including reasonable attorneys' fees (or, in the event of any action to enforce this Agreement, the prevailing party shall be entitled to recover all of its costs and expenses of the action, including reasonable attorney's fees), as determined by a court of competent jurisdiction. b.Time is of the Essence. Time is of the essence of each and every term, condition, obligation and provision of this Agreement. c.Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Facsimile signatures are acceptable provided they are followed by hard copy originals within five days. 224 Third Avenue PurchaseAgreement APN 568-044-19 Page 8 2019-04-16 Agenda Packet Page 166 of 197 d.Severability. If any portion of this Agreement shall be declared by any court ofcompetent jurisdiction to be invalid, illegal,or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining parts of this Agreement shall remain in full force and effect, as fully as though such invalid, illegal,or unenforceable portion had never been part of this Agreement. e.Governing Law. This Agreement is executed and delivered in the State of California and shall be construed and enforced in accordance with, and governed by, the laws of the State of California. IN WITNESS WHEREOF, the duly authorized representative of each party has executed this Agreement effective upon the date first written above. SELLER: CITY OF CHULA VISTA BUYER: TECTURE RED, LLC. By:By: Name: Name: Its: Its: By: Name: Its: Approved as to Form: Glen Googins, CityAttorney Exhibit A: Legal Description Exhibit B: Form of Grant Deed 224 Third Avenue PurchaseAgreement APN 568-044-19 Page 9 2019-04-16 Agenda Packet Page 167 of 197 4§¤ 6®¦´¤ 4§¤ ³¤± ¥ ¢³ ¯ ±¢¤« ´¡©¤ ² £¨±¤¢³«¸ ®±³§ ® ³§¤ ¥¤¢¤£ ¯ ±ª¨¦ «®³ ©¤¢³ ¯ ±¢¤« ¨² 3´¡©¤¢³ 0 ±¢¤« ,®¢ ³¨® %·§¨¡¨³² 3 «¤Ȁ 4§¨±£ !µ¤´¤ǿ ²´¡ 2019-04-16 Agenda Packet Page 168 of 197 ΑΑΓ 4§¨±£ !µ¤´¤,®®ª¨¦ ¶¤²³ ® 4§¤ 6®¦´¤ 4§¤ ³¤± ¥ ¯ ±¢¤« ´¡©¤¢³ ² £¨±¤¢³«¸ ®±³§ ® ³§¤ ¥¤¢¤£ ¯ ±ª¨¦ «®³ ©¤¢³ ¯ ±¢¤« ¨² 3´¡©¤¢³ 0 ±¢¤« ,®¢ ³¨® %·§¨¡¨³² 3 «¤Ȁ 4§¨±£ !µ¤´¤ǿ ²´¡ 2019-04-16 Agenda Packet Page 169 of 197 ΑΑΓ 4§¨±£ !µ¤´¤,®®ª¨¦ ¶¤²³ ® 2019-04-16 Agenda Packet Page 170 of 197 page 1 07.11.18 It’s presence is the epitome of 2019-04-16 Agenda Packet Page 171 of 197 THE VOGUE THE VOGUE THEATER The Vogue Theatre has been a staple of Chula Vista downtown for over 70 years. The rectangular Art Deco single-screen theater ingrained itself in the community by offering a family friendly entertainment option to pair with the eateries and retail spaces that have always lined Third Avenue. the burgeoning potential that Third Avenue has as a destination and point of interest in the greater San Diego area. With it’s classic marquee, throwback style ticket booth, and monolithic concrete poured structure, the Vogue has the character and the potential to become a must-see venue for the San Diego region. Using these historic roots and style, our aim is to preserve its unique qualities while providing an alternative to the single-screen theater model. Integrating what people cherished in the old theater with an evolved dining, drinking, and entertainment venue will serve as an anchor for Third Avenue in the foreseeable future.We are honored to be able to be part of the revitalization of this neighborhood and feel as though this project will be a catalyst to push Third Avenue and Chula Vista further into the spotlight. page 2 07.11.18 It has been an institution since MISSION STATEMENT The Vogue Theater’s focus is to embrace and celebrate the existing culture of Chula Vista and Third Avenue while providing an Entertainment Venue that stimulates the region and cultivates South San Diego’s creative scene. the Forties and should return to serving the community first and foremost. Both the exterior beer garden and the theater will be a family experience that is open to the public, even when the theater is not scheduled for an event. In addition, both spaces will have a flexible program to fit all types of demands such as comedy shows, civic events, movies, concerts, art shows and more. GUIDING PRINCIPLES To provide engaging spaces that will foster positive community interactions through great food, drink, ambiance and entertainment. 2019-04-16 Agenda Packet Page 172 of 197 It will enhance the local community by offering a world class music The Vogue Theater will be an event space consisting of two main components. The first component, the theater, will be transformed into a flexible venue that can host concerts, meetings, events, etc. The second, the adjacent parking lot, will be an exterior dining space that is serviced by multiple food vendors with diverse drinking opportunities. BUSINESS OBJECTIVES The Vogue Theater will create an engaging interior and exterior hub that should serve as a catalyst for the revitalization of Third Ave. venue, will act as a core for the events that Third Ave. has to offer, and will create an outdoor dining/congregation space for the public to enjoy. The Vogue will service the greater San Diego Area by becoming a destination point that highlights Chula Vista’s burgeoning craft beer row, its charming historical downtown, and its densifying urban center. EXECUTIVE SUMMARY THE VOGUE THEATER page 3 07.11.18 s for A shift in ideology from using expendable income The large event promoters are maximizing artist exposure Live music sales are up 66% for the same time period. 2019-04-16 Agenda Packet Page 173 of 197 The availability of artists has created more competition for venues. LIVE MUSIC TRENDS:1) Digital downloads and retail sales are down 50% in the last 4 years. Market shift is dictated by rise in the prevalence of streaming options and services. This has effectively recreated the model for which artists generate income. The primary revenue generation is now through live shows.2) by partnering with small and medium sized venues to allow flexibility relative to the scale of shows. It provides opportunitieundercards to headline and headliners to earn between mega venues.3) Millenials are the driving force behind the rise in the popularity of live events. on “experiences” over “possessions” has fueled ticket sales for not just music but comedy shows, art exhibitions, and festivals. 4) Corporate sponsorship is on the rise for tours, artists, and venues. The leading corporate sponsor of events and artists’ tours are beer and spirits. The Vogue Theatre will have a beer garden and staging area to allow for these sponsored events to have programming that is not merely serving said sponsors product. THE VOGUE THEATER MARKET TREND 2019-04-16 Agenda Packet Page 174 of 197 page 5 07.11.18 2019-04-16 Agenda Packet Page 175 of 197 SMALL VENUES (0-500)1. The Casbah2. The Merrow3. Soda Bar4. Brick by Brick5. Belly upMEDIUM VENUES (501-2000)1. House of Blues2. North Park Observatory3. Soma4. Quartyard5. Music BoxLarge Venues (2000+)1. Sports Arena2. Matress Firm Ampitheatre3. Civic Theatre4. Viejas Arena5. Petco Park6. Qualcomm Stadium7. Cal Coast Credit Amphitheater MARKET ANALYSIS THE VOGUE THEATER MARKET SIZE Event Sales: Comparable spaces to a 1,000 person, medium sized venue for South Bay are not available as there is not one within 10 miles. The extreme examples are the 30,000 person Mattress Firm Amphitheater or the 100 person capacity nightclubs like Diamond Jims. The dance halls and quinceanera halls on Third Avenue are considered event spaces but do not target the same clientele. The closest competitors to the Vogue would be the House of Blues in Downtown and the Observatory in North Park. There is no reason to believe that the Vogue cannot absorb the majority of market share for mid-size venues for all Chula Vista and the greater South Bay. page 6 07.11.18 2019-04-16 Agenda Packet Page 176 of 197 THE VOGUE THEATER MARKET ANALYSIS CONT.Alcohol Sales: The Vogue will center on liquor sales in both the venue itself and the exterior lot. We will focus on supporting the local craft beer scene but make measures to ensure non-direct competition. The local liquor licenses are at Docks, Silver Dollar, and Diamond Jims. The Vogue can offer a family alternative to these places during daytime hours while providing an outdoor dining/drinking experience. Comparable spaces would be the Quartyard in downtown or the BierGarten in North Park. The Vogue will also distinguish itself from the dive bars with a specified drink program. Food Sales: Third Avenue along the F and E blocks are dominated by local dining establishments. The chains and large mega restaurants are aggregated multiple blocks to the South. Due to historical preservation initiatives and the Third Avenue Village Association, we foresee these trends continuing and intensifying. Therefore, we anticipate many smaller localized restaurants to be able to evenly distribute and grow the dining option landscape. Even with the rise in eateries within the last year, we foresee a large increase in demand for both lunch and dinner dining due to the adjacent residential densification and rising craft beer scene (which currently uses food trucks to satisfy demand). We feel as though fast-casual concept(s) - that do not compete with an already heavy Italian and Mexican food market - would hit a target price point while absorbing the highest market share. 2019-04-16 Agenda Packet Page 177 of 197 2019-04-16 Agenda Packet Page 178 of 197 page 9 07.11.18 THE EL REY THE BOWERY BALLROOM THE GRANADA post-WWII movie theater. 2019-04-16 Agenda Packet Page 179 of 197 caliber of businesses occupying the space. In 1998 it was of Manhattan, New York City. The structure, at 6 Delancey neighborhood subsequently went into decline, and so did the The Bowery Ballroom is a music venue in the Bowery section converted into a music venue. It has a capacity of 575 people. Street, was built just before the Wall Street Crash in 1929. The lobby, VIP balcony lounge and a grand ballroom equipped with a full stage. The El Rey Theater is an original Art Deco theater in the heart of the Miracle Historic-Cultural Monument, the El Rey has sweeping staircases, an Art Deco Mile, one of Los Angeles’ preserved Art Deco districts. The El Rey was built in audiences of all ages from North Texas and house, the El Rey was converted into a live music venue in 1994. A registered One of only a handful of classic-era theaters in North Texas, the Granada Theater is Lower Theater, a Dallas staple, has been entertaining CASE STUDIES _ THEATER THE VOGUE THEATER Greenville’s entertainment beacon. The Granada beyond since 1946. Located in the historic Lower Greenville neighborhood, it was originally built as a 2019-04-16 Agenda Packet Page 180 of 197 2019-04-16 Agenda Packet Page 181 of 197 2019-04-16 Agenda Packet Page 182 of 197 2019-04-16 Agenda Packet Page 183 of 197 2019-04-16 Agenda Packet Page 184 of 197 WASH&DRY STAIRS 2019-04-16 Agenda Packet Page 185 of 197 2019-04-16 Agenda Packet Page 186 of 197 UPSTAIRS SQUARE FOOTAGE ESTIMATES:NORTH EXTERIOR UPSTAIRS: 521 SFMARQUEE PATIO & BAR: 575 SFTHEATER MEZZANINE: 1,220 SFESTIMATED TOTAL: 2,316 SF WASH&DRYWASH&DRY STAIRSSTAIRSSTAIRSSTAIRS 2019-04-16 Agenda Packet Page 187 of 197 DOWNSTAIRS SQUARE FOOTAGE ESTIMATES:NORTH EXTERIOR DOWNSTAIRS: 1.673 SFTHEATER INTERIOR: 2,203 SFESTIMATED TOTAL: 3,873 SF LEVEL 2 SLOPESLOPE 16'-3 9/16" SLOPESLOPE LEVEL 1 Shaded area equals 2019-04-16 Agenda Packet Page 188 of 197 As we continue to develop the layout, THEATER INTERIOR OCCUPANCYInitial studies of the space show that, with more than ample (per ada) circulation and amenities, the floor space allowable holds to the numbers below. we will look to squeeze more usable space out of it without compromising the comfort or accesibility of the venue. the current usable space with this configuration.Level 1:Ground Floor:2,271 sq ft net (excluding outside circulation and large aisles)2,271 sq ft / 5 = 454 pplMain Entry Interior: 561 sq ft gross561 sq ft / 5 = 112 pplInitial Total Downstairs : 566 pplLevel 2:Mezzanine:1400 sq ft net (excluding 4’ outside circulation)Standing room (5 sf per) = 280 pplMarque Patio:330 sq ft / 7 = 47 pplBar:564 sq ft / 7 = 80 pplInitial Total Upstairs : 407 ppl page 19 07.11.18 LEVEL 1 PERSPECTIVELEVEL 2 PERSPECTIVE 2019-04-16 Agenda Packet Page 189 of 197 THE VOGUE THEATER PERSPECTIVES As the design continues to develop, we will update the interiors and perspectives accordingly. The images to the right are some initial renders based on the seating studies we are working on. Depending on the amount of seating as well as diversity of the seats, the final numbers for the occupancy will fluxuate. The top image is from the stage looking toward the rear of the Theater interior. Note the mezzanine seating that lines the railing. Also the lower level tier seating. The downstairs bar is situated at the rear.The lower image is taken from the upstairs mezzanine, near the rear wall. Stadium seating would be ideal here so that everyone is able to get a good view of the stage from every seating location. 2222 4 2 7 4 page 20 2 2 12 2 07.11.18 2 4 2 2 4 2 110 PPL 2 4 2 2 2 2 12 4 7 2 4 2222 03 for larger rear, allowing 8'-2 1/4" plan, we will 4 2 677 4 2 2 2 2 4 2 2 4 96 PPL 2 2 4 2 2 2 2 4 677 2 4 02 2222 4 4 2 4 22222222 2 2 2 4 2 2 4 108 PPL 2 2 4 2019-04-16 Agenda Packet Page 190 of 197 2 2 2 2 2222222 4 2 4 2222 4 01 THE VOGUE THEATER SEATING STUDY SEATING CONFIGURATIONSAbove are a few initial iterations of what the mezzanine seating could be, dependent on a heirarchy of seating. Per our initialcontinue to push to make the entire space standing room. This will allow us to maximize our capacity for events.From here, we can play with the idea of creating a set of different tiers from which people can sit and view the stage, which could allow for more comfortable seating options.01 shows a two-top rail seating set up, with a higher seating banquette behind it. 02 embraces that same idea, but only for thethe seats closer to the stage to be booths that are for larger parties. This would allow us to book the spaces for groups, with possibly a higher mark up for the seat. 03 is a play between the two ideas, keeping some high top seats but also bringing in a few spaces parties.These will continue to be developed so that the most efficient system is established. page 21 07.11.18 2019-04-16 Agenda Packet Page 191 of 197 EXISTING PHOTO THE VOGUE THEATER April 16, 2019File ID: 19-0207 TITLE PRESENTATION AND DISCUSSION OF THE CITY'S FISCAL YEAR 2021 -2030 LONG-TERM FINANCIAL PLAN RECOMMENDED ACTION Council receivethe report and provide feedback as appropriate. SUMMARY There are no attachments for this item; staff will be giving a presentation at the council meeting. ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. v.001 Page|1 2019-04-16 Agenda Packet Page 192 of 197 2019-04-16 Agenda Packet Page 193 of 197 2019-04-16 Agenda Packet Page 194 of 197 2019-04-16 Agenda Packet Page 195 of 197 2019-04-16 Agenda Packet Page 196 of 197 2019-04-16 Agenda Packet Page 197 of 197