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May 7, 2019File ID: 19-0081
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MAINTENANCE AND
REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SAN DIEGO
METROPOLITAN TRANSIT SYSTEM TO PROVIDE MAINTENANCE FOR THE BENEFIT OF THE SOUTH BAY
RAPID PROJECT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADDITION OF 1.0
EQUIPMENT OPERATOR AND 1.0 SENIOR MAINTENANCE WORKER TOTHE AUTHORIZED STAFFING
COUNT FOR THE PUBLIC WORKS DEPARTMENT TO BE FULLY OFFSET BY CONTRACT REVENUE AND
AMENDING THE BUDGET ACCORDINGLY (4/5THS VOTEREQUIRED)
RECOMMENDED ACTION
Council adopt the resolutions.
SUMMARY
On January 15, 2019, via Resolution 2019-007,the City Council approved a Joint Use and Maintenance
Agreement (JUMA) by and between the City of Chula Vista, the Metropolitan Transit System (MTS), and the
San Diego Association of Governments (SANDAG).The agreement outlinesthe ongoing maintenance
responsibilities for the facilities and improvements that were constructed as part of the South Bay Bus
Rapid Transit (SBBRT, also known as South Bay Rapid) project and, the East Palomar Street/Interstate 805
Direct Access Ramp and TransitStation project.MTS has requested that the Cityprovide the service to
performcertain maintenance items on MTS’s behalf. Resolution A in this item proposes to approve this
agreement between the City and MTS to provide said maintenance activities.Resolution B approves the
addition of staff to perform the maintenance activities required of the contract and amend the FY2018-19
budget accordingly.
ENVIRONMENTAL REVIEW
The proposed Projecthas been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the Projectqualifies for a Categorical Exemption pursuant to State
CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15061(b)(3), because it can be seen
with certainty that there is no possibility that the activity in question may have a significant effect on the
environment. Thus, no further environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The San Diego Association of Governments (SANDAG) has been constructing various transit facilities as
part of the South Bay Bus Rapid Transit (SBBRT, also known as South Bay Rapid) project primarily along
East Palomar Street from Interstate 805 to Orion Avenue. Much of the routeincludes a dedicated transit
guideway separated from the road travel lanes, with a single-lane dedicated bridge crossing over State
Route 125. The SBBRT includes physical infrastructure such as pavement, landscaping, and irrigation,as
well as an extensive network of traffic control and street lighting systems.
On January 15, 2019, via Resolution 2019-007, the City Council approved a Joint Use and Maintenance
Agreement (JUMA) between the City, the Metropolitan Transit System (MTS),and SANDAG. Pursuant to
the JUMA, the responsibility for maintaining the physical facilities recently constructed for the SBBRT are
divided between the City and MTS.The JUMA allows flexibility for each agency to fulfill their maintenance
responsibilities by using their own employees or contractors. MTS has requested to contract with the City
to provide the service to perform certain maintenance responsibilities identified as MTS obligations in the
JUMA(Attachment 1b).
Per the JUMA, MTSis responsible for maintaining the SBBRT Guideway as well as various storm water
facilities along the SBBRT. MTS’maintenance obligationsinclude, but are not limited to, the following:
Street sweeping
Street maintenance(pothole repairs and removal of debris)
Graffiti eradication
Striping pavement markers and sign replacement
Inspection and cleaningof the storm drain system and permanent treatment control Best
Management Practices (BMPs) including:
o Bioretention areas
o Drainage inletsand filter inserts
o CDS units
o Modular wetland systems, underground detention vaults, and underground infiltration
units
The services, to be provided by the City, are described in further detail in Exhibit C of theSouth Bay Bus
Rapid Transit Maintenance Agreement(Attachment 1c).
Staff is requesting the addition of 1.0 Equipment Operator and 1.0 Senior Maintenance Worker to perform
the agreed to maintenance activities. The requested additional position costs will be offset by revenues
received from MTS, as they will reimburse the City for all costs related to the maintenance performed by
the City. The City will invoice MTS,on a quarterlybasis,for the work performed in connection with this
Agreement. This includes all anticipated applicable costs such as salaries and wages, overhead, travel,
materials and supplies, subcontract costs, and fixed fees.
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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 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 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 Resolution B will result in the addition of 1.0 Equipment Operator and 1.0 Senior Maintenance
Worker to the Public Works Department and is estimated at $28,860 in the current year. This cost is fully
offset by revenues. There is no estimated current year fiscal impact to the General Fund. MTS will
reimburse the City for costs associated with maintaining the SBBRT improvements as defined in this
agreement. The addition of the positions is contingent on the execution of the agreement.
ONGOING FISCAL IMPACT
The ongoing salary costs associated with the proposed additionsis estimated at $208,430 per fiscal year.It
is anticipated that the purchase of a truck with an arrow boardwillbe necessary at an estimated cost of
$65,000.Equipment and staffing costs, as well as the offsetting revenues,will be incorporated into the
ongoing budget of the Public Works Department. Thereis no estimated ongoing fiscal impact to the General
Fund. Thecost of maintaining the SBBRT improvements, will be reimbursed to the City by MTS.The
positions would be eliminated, should the agreement with MTS be terminated.
ATTACHMENTS
Attachment 1 –South Bay Bus Rapid Transit Maintenance Agreement
Attachment 1a –South Bay Bus Rapid Transit Maintenance Agreement–Exhibit A
Attachment 1b –South Bay Bus Rapid Transit Maintenance Agreement–Exhibit B
Attachment 1c –South Bay Bus Rapid Transit Maintenance Agreement–Exhibit C
Attachment 1d –South Bay Bus Rapid Transit Maintenance Agreement –Exhibit D
Staff Contact:Kalani Camacho, Public Works Superintendent
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MTS Doc. No. ____________
MAINTENANCEAND REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM TO PROVIDE
MAINTENANCEFOR THE BENEFIT OF THE SOUTH BAY RAPID PROJECT
THIS AGREEMENT (“Agreement”) is made and entered into this _______ day of _______________,
2019,(the“Effective Date”),by and between the City of Chula Vista, a California Chartered Municipal
Corporation (“City”), and the San Diego Metropolitan Transit System (“MTS”), a public transportation
service provider, for the purpose of outlining and defining the roles, responsibilities, terms and conditions
related to the maintenance of certain infrastructure that are part of the South Bay Rapid project (“Project”).
The City and MTS may be referred to in this Agreement individually as a “party” and collectively as the
“parties”.
RECITALS
WHEREAS,theSouth Bay Rapid project (Project) is a bus rapid transit route including an
exclusive guideway and transit stations that runs from downtown San Diego to I-805 then along East
Palomar Street, over SR-125, around Otay Ranch Town Center Mall to Millenia then onto Birch Road, and
onto SR-125 to the Otay Mesa Transit Center in the southwest quadrant of the SR-905/Siempre Viva Road
Interchange (see Exhibit B);
WHEREAS,the Project will provide Bus Rapid Transit (“BRT”) service for those commuting
between downtown San Diego and the Otay Mesa Border Crossing;
WHEREAS,pursuant to a Joint Use and Maintenance Agreement (“JUMA”) between MTS, the
City,and the San Diego Association of Governments (“SANDAG”), MTS andtheCity took on certain
maintenance responsibilities for the Project (see Exhibit A);
WHEREAS,MTS desires to contract withtheCity to have theCity or itscontractors perform
certain maintenance items on MTS’s behalf.
NOW,THEREFORE, in accordance with the mutual benefits contained in the aforementioned
Recitals and in consideration thereof, City and MTSagree as follows:
AGREEMENT
Article I -Maintenance
1.Maintenance Services.TheCityshall furnish the maintenance services (“Maintenance Services”)
described in Exhibit Cat the estimated frequencies provided therein and in accordance with the
MaintenanceStandardsdescribedin Article I, Section 2.TheCityshall furnish maintenance
servicesfor the storm water facilities described in Exhibit C ina manner consistent with the South
Bay Bus Rapid Transit100% Water Quality Technical Report(WQTR)andin accordance with
Storm Water Compliance requirements as described in Article I, Section 3.
2.Maintenance Standards. The Cityshallperform the Maintenance Servicesin accordance withthe
standards described in Exhibit A.
To the extent that all or a portion of a party’s facilities are damaged by the other party, the party
causing the damage shall repair and/or replace the damaged facilities at the damaging party’s
expense. The repair and/or replacement shall meet the standards of the facility’s owner and be
subject to the review and approval of the party’s designated representative.
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MTS Doc. No. ____________
3.StormWater Compliance.The City is enrolled under San Diego Regional Water Quality Control
Board Order No. R9-2013-001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100,
NPDES No. CAS0109266 (Regional MS4 Permit) and any successor Regional MS4 Permit, and
has developed andis implementing storm water programs consistent with the requirements of the
Regional MS4 Permit. The BRT maintenance activities performed bythe City shall be performed
and reported in accordance with the Regional MS4 Permit.
MTS is enrolled under the State Water Resource Control Board General Permit for Storm Water
Discharges from Small Municipal Separate Storm Sewer Systems Order No. 2013-0001-DWQ
(Statewide Small MS4 Permit) and has developed and is implementing storm water programs
consistent with the requirements of the Statewide Small MS4 Permit. BRT maintenance activities
related to the transitstation locations will be performed and reported by MTS, or their agent, in
accordance with their Statewide Small MS4 Permit.
4.Response Times.
a)Maintenance Services shall be initially provided at the frequency and within the response
times set forth in Exhibit C.The parties acknowledge and agree that the frequencies may
be modifieddue to actual services needed.
b)In all cases, the City’s response times may temporarily be varied at the City’s sole option
due to diversions or reallocations of forces and equipment needed for public emergencies
orurgent response items.
5.Scheduling.All Maintenance Services involving aBRT GUIDEWAY closurewill be coordinated,
between the City’s Public Works Superintendent and MTS’ Supervisor of Passenger Facilities.
6.Provision of Maintenance Services by Others. Notwithstanding any other provision hereof, the
City, at any time and from time to time, may arrange for any item of Maintenance Services to be
provided by City Personnel or by third parties contracting directly with the City.
Article II -MTS Compensation to Chula Vista for Services Rendered.
1.Reimbursement.MTS agrees to reimburse the Cityfor all costs incurredby the City in performing
theMaintenanceServicespursuant to ArticleIabove.MTS acknowledges that the rates identified
inExhibit C are estimates onlyandMTSagrees toreimburseCityforallcosts incurredin
performing the Maintenance Services.These costsshall include but not be limited tosalaries,
wages, overhead, travel, materials, equipment, supplies,contractor and subcontractorcosts, and
fixed fees.
2.Invoices/Payments.
a)The City shall deliver to MTS, a quarterly invoice for the work performed together with
such reports of Maintenance Services performed during the immediately preceding months
as MTS may reasonably request.
b)MTS shall pay invoices within thirty (30) days of MTS’ receipt and approval of same.
c)Each invoice and check shall refer to this Agreement. Invoices and payments shall be sent,
as appropriate, to:
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MTS Doc. No. ____________
To City:To MTS:
Director of Public WorksMike Daney
City of Chula VistaManager of Contract Operations and
1800 Maxwell RoadPassenger Facilities
Chula Vista, CA 91911San Diego Metropolitan Transit System
1255 Imperial Ave., Suite 1000
San Diego, CA 92101-7490
Article III-Access to Chula Vista Right-of-Way.
For the purposes of the maintenance activities undertaken by the City pursuant to thisAgreement,
neither MTS nor the Cityshall be required to obtain a permit forroutine maintenance work within
theChula Vistaright-of-way.
Article IV-Non-Interruption of Use or Operationof Facilities.
1.Scheduled Work.MTS and the Cityacknowledge that the Project will operate on a combination
of public streets, exclusive guideway, and exclusive transit stations. MTS and the Cityeach have
an interest in limiting any interruptions or impairments of use of its facilities. Any maintenance
work that requires the closure of a traffic lane or the one-lane guideway shall be planned in a manner
to limit the duration and level of interference. MTS and the Cityshall work together in good faith
to address any traffic impacts caused by maintenance or other work related to the Project.
2.Emergency Work or Acts of God. Notwithstanding any contrary provision in Section 4(a), in the
event of damage caused by an act of God, War, or other casualty, or damage caused under
circumstances where it would be impractical or impossible for one party to notify the other party
of the necessity for temporary interference with the other party’s facilities, the party creating the
temporary interference may, without notice, make emergency repairs to restore its service. The
party responsible for the facility experiencing the temporary interference shall, however, take
reasonable and prudent measures to protect the facilities of the other party and minimize such
interference, and as soon as practically possible, notify the other party of such emergency repairs.
If permanent repairs are required after such emergency repairs have been made, reasonable notice
shall be given to the other party.
Article V -Mutual Indemnity.
1.Neither City nor any officer, official, director, or employee thereof is responsible for any damage
or liability occurring by reason of anything done or omitted to be done by MTS under or in
connection with any work, authority, or jurisdictiondelegated to MTS under this agreement. It is
understood and agreed that, pursuant to California Government Code Section 895.4, MTS shall
fully defend, indemnify, and save harmless City, and all officers, officials, directors, and employees
thereof from all claims, suits, or actions ofevery name, kind, and description brought for or on
account of injury (as defined in California Government Code Section 810.8) occurring by reason
of anything done or omitted to be done by MTS under orin connection with any work, authority,
or jurisdiction delegated to MTS under this Agreement.
2.Neither MTS, nor any director, officer, or employee thereof, is responsible for any damage or
liability occurring by reason of anything done or omitted to be done by City under or in connection
with any work, authority, or jurisdiction delegated to City under this Agreement.It is also
understood and agreed that pursuant to California Government Code Section 895.4, City shall fully
defend, indemnify, and save harmless MTS, its directors, officers, and employees from all claims,
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MTS Doc. No. ____________
suits, or actions of every name, kind, and description brought for oron account of injury (as defined
in California Government Code Section 810.8) occurring by reason of anything done oromitted to
be done by City under or in connection with any work, authority, or jurisdiction delegated to City
under this Agreement.
Article VI–Insurance
MTS and the City, and their respective contractors, shall maintain in force, during the term of this
Agreement, a policy of general liability insurance, including coverage of bodily injury liability and
property damage liability, naming the other Parties, and their officers, agents and employees as
additional insureds in an amount of $1 million per person and $2 million in aggregate. Coverage
shall be evidenced by a Certificate of Insurance/Endorsement in a form satisfactory to the other
Parties. This requirement may be satisfied by a program of self-insurance.
Article VII–Termination
Either party may terminate this Agreement by providing written notice to the other party.
Termination shall become effective 90 days after notice is received, unless a later date is specified
in the notice.
Article VIII-Miscellaneous
1.Effective Date.The Agreement shall take effect upon full execution of the Agreement, as of the
Effective Date stated on page 1 of the Agreement.
2.Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreementmust be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, at the addresses identified below.
To City:With a copy to:
Iracsema QuilantanGlen R. Googins
City of Chula VistaCity of Chula Vista
Director of Public WorksCity Attorney
1800 Maxwell Road276 Fourth Avenue
Chula Vista,California 91911Chula Vista,California 91910
To MTS:With a copy to:
San Diego Metropolitan Transit SystemMike Daney
Chief Executive OfficerManager of Contract Operations and Passenger
1255 Imperial Avenue, Suite 1000Facilities
San Diego, California 92101San Diego Metropolitan Transit System
1255 Imperial Ave.,Suite 1000
San Diego, CA 92101-7490
(619) 557-4561
3.Entire Agreement. This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the Parties relating
to the subject matter hereof. This Agreement supersedes any and all other agreements, either oral
or written with respect to the subject matter contained herein.
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MTS Doc. No. ____________
4.Capacity of Parties. Each signatory and Party hereto hereby warrantsand represents to the other
Party that it has legal authority and capacity and direction from its principal to enter into this
Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
5.GoverningLaw/Venue. This Agreement shall be governed by and construed in accordance with
the laws of the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of California, which
shall also be deemed to be the sole and proper venue for any action or proceeding relating to this
Agreement.
6.Modification. No amendment, modification, waiver, or discharge of any provision of this
Agreement shall be effective unless the same shall be in writing and signed by the Parties hereto,
and then shall be valid only in the specific instance and for the purpose for which given.
7.Counterparts. This Agreement may be executed in more than one counterpart, each of which shall
be deemed to be an original but all of which, when taken together shall constitute but one
instrument.
8.Severability. In the event that any provision of this Agreement shall for any reason, be determined
to be invalid, illegal, or unenforceable in any respect, the Parties hereto shall negotiate in good faith
and agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement andgive effect to the intentions of the Parties as reflected herein.
9.Headings. The captions and headings in this Agreement are for convenience only and shall
not define or limit the provisions hereof.
10.Waiver. No course of dealing or failure or delay, northe single failure or delay, or the partial
exercise of any right, power or privilege, on the part of the Parties shall operate as a waiver of any
rights herein contained. The making or the acceptance of a payment by either Party with knowledge
of the existence of a breach shall not operate or be construed to operate as a waiver of any such
breach.
11.No Additional Beneficiaries. Despite the fact that the required performance under this Agreement
may have an effect upon persons not Parties hereto, the Parties specifically intend no benefit
therefrom, and agree that no performance hereunder may be enforced by any person not a Party to
this Agreement.
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first written
above.
CITY OF CHULA VISTASAN DIEGO METROPOLITAN
TRANSIT SYSTEM
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MTS Doc. No. ____________
ByBy
MARY CASILLAS-SALASPAUL C. JABLONSKI
MayorChief Executive Officer
Approved as to form:Approved as to form:
By
ByGLEN R. GOOGINSKAREN LANDERS
CityAttorneyGeneral Counsel
Exhibit A –JUMA dated January 27, 2019
Exhibit B –Maintenance Map
Exhibit C –Maintenance Services
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MTS Doc. No. ____________
Exhibit A
JOINT USE AND MAINTENANCE AGREEMENT
(MTS Doc. No. G2198.0-19)
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MTS Doc. No. ____________
Exhibit B
MAINTENANCEMAP
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MTS Doc. No. ____________
Exhibit C
MAINTENANCESERVICES
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SOUTH BAY BUS RAPID TRANSIT
100% Water Quality Technical Report
Prepared for:
401 B Street, Suite 800
San Diego, CA 92101
August, 2014
Revised March, 2015
Prepared by:
401 B Street, Suite 1450
San Diego, CA 92101-4245
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100%D ESIGN S UBMITTAL
W ATER Q UALITY T ECHNICAL R EPORT
SOUTH BAY BUS RAPID TRANSIT
EAST PALOMAR GUIDEWAY
Draft Submittal: July 2012
40% Submittal: January 2013
95% Submittal: January 2014
100% Submittal: August 2014
Revised: March 2015
_________ March 2, 2015____
Kevin Fellows Exp. Date 12/31/16
R.C.E. 64111
Water Quality Technical ReportiiSouth Bay BRT
East Palomar Guideway
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Water Quality Technical ReportiSouth Bay BRT
East Palomar Guideway
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Water Quality Technical ReportiiSouth Bay BRT
East Palomar Guideway
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Water Quality Technical ReportiiiSouth Bay BRT
East Palomar Guideway
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The San Diego Association of Governments (SANDAG) is proposing to provide Bus Rapid Transit
(BRT) services and corridor improvements in the San Diego area. The proposed South Bay BRT project
will extend approximately 21 miles from downtown San Diego to the Otay Mesa Intermodal
Transportation Center (ITC), See Figure 1. This Water Quality Technical Report will focus on the
proposed guideway construction for the project between Oleander Avenue and Olympic Parkway on East
Palomar Street (
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1-2
Water Quality Technical Report 1-3
South Bay BRT
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East Palomar Guideway
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Water Quality Technical Report 1-4
South Bay BRT
East Palomar Guideway
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2. Pollutants and Conditions of Concern
2P OLLUTANTS AND C ONDITIONS OF C ONCERN
2.1Pollutants from the Project Area
This project proposes to construct a transit guideway along East Palomar St, between Oleander Ave and
Olympic Pkwy, within the City of Chula Vista. The majority of the proposed Project consists of new
asphalt pavement, concrete, curb and gutter. The site is proposed to be a bus rapid transit (BRT)
corridor, that connects the area to the regional transportation network. The City of Chula Vista
Development Stormwater Manual identifies anticipated and potential pollutants from the site, based on
the project category, which is priority project category #9: streets, roads, highways, and freeways.
FromTable 2-1 the anticipated pollutants for streets include sediments, heavy metals, organic
compounds, trash & debris, and oil & grease. Metals can be found in non-metal products such as fuel
and brake pads. A reduced level of organic compounds from fuel would be anticipated from the
guideway runoff because the buses operating along the corridor will be powered by compressed natural
gas (CNG) and will not be carrying gasoline or diesel fuel. Trash & debris will be expected from littering,
although trash receptacles will be provided at all bus stops. Oil & grease is typically deposited by leaking
motor vehicles. Sediment can accumulate from airborne dust, but it is expected to be present at
reduced levels from the finished Project due to the lack of bare soil: all areas will be landscaped or
hardscaped and maintained regularly.
Potential pollutants typically associated with streets include, nutrients, and oxygen demanding
substances. The primary sources of nutrients are pet wastes, fertilizers and eroded soils. Oxygen
demanding substances include biodegradable organic material such as proteins, carbohydrates, fats and
at times solvents, which can come from improperly disposed food wastes and/or littering or
maintenance activities connected with bus stop facilities and signage.
In summary, the anticipated pollutants for this particular site include: heavy metals, trash & debris,
nutrients, oxygen demanding substances, sediments and oil & grease.
2.2Pollutants of Concern in Receiving Waters
This segment of the proposed project crosses three drainage basins. East Palomar St., from Oleander
Ave. to just east of Paseo Ladera, drains southwest to the Palm Road watershed, which is tributary to
the Otay River, which drains to the south end of San Diego Bay. East Palomar from just east of Paseo
Ladera to Brashear Place and from Santa Maria Dr. to Vista Sonrisa Ave. drains north to the Telegraph
Canyon basin which discharges to San Diego Bay, south of “J” Street along the San Diego Bay shoreline
within the old south bay power plant property. East Palomar St. for ½ mile between Brashear Pl. and
Santa Maria Dr. and from Vista Sonrisa Ave. east to Olympic Pkwy. drains south to Poggi Canyon, which
is also tributary to the Otay River.
All proposed points of discharge from the project eventually flow to a water body listed on the 2010
California Water Act (CWA) Section 303(d) List of Water Quality Limited Segments. The San Diego Bay is
impaired with polychlorinated biphenyls (PCBs) and copper. Telegraph Canyon is impaired for selenium.
The Chula Vista Marina at the San Diego Bay is impaired for copper and bacteria. Poggi Canyon Creek is
impaired for toxicity.
The CWA requires California to develop Total Maximum Daily Loads (TMDLs) for impaired water bodies.
The San Diego Regional Water Quality Control Board will have a proposed TMDL completed in 2019 for
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2. Pollutants and Conditions of Concern
the San Diego Bay, and Poggi Canyon and 2021 for Telegraph Canyon. However, the proposed Project
does not discharge into a water body with TMDLs currently in place.
The existing beneficial uses for the Otay River include agricultural supply, non-contact water recreation,
warm freshwater habitat, wildlife habitat, and rare species. Potential Beneficial Uses include industrial
service supply and contact water recreation. The existing beneficial uses for Telegraph Canyon include
industrial service supply, non-contact water recreation, and wildlife habitat. Potential Beneficial Uses
include contact water recreation. The existing beneficial uses for Poggi Canyon include agricultural, non-
contact recreation, warm freshwater habitat, and wildlife habitat. Potential Beneficial Uses include
industrial service supply.
Table 2-1: Anticipated and Potential Pollutants Generated by Land Use Type
Table 2-1
Anticipated and Potential Pollutants Generated by Land Use Type
Source: City of Chula Vista Development Stormwater Manual March 2010
2.3Hydrologic Conditions
Rational Method hydrologic calculations were prepared for the proposed Project for the 50-year storm
event in accordance with the San Diego County Hydrology Manual. Water quality treatment flow rates
were determined following directions in the Chula Vista Development Storm Water Manual. The rainfall
intensity for onsite sub-basins was based on a conservative 5 minute assumption for the time of
concentration. The end use for the hydrology calculations was to determine individual street flows for
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calculating spread widths and to determine pipe flows to demonstrate drainage systems were
adequately sized to convey the design storm. The current report includes both hydrologic and hydraulic
calculations of existing and proposed conditions. Detailed hydraulic and hydrologic analyses of existing
storm drain systems and the proposed conditions, including increases in storm water flows, is included
in the South Bay BRT Drainage & Hydromodification Report, dated August 2014, and is included herein
by reference.
Existing Conditions
The existing conditions hydrology, within the project limits, consists of simple sheet flow from
landscaped medians into the adjacent streets and into existing inlets and storm drain facilitates which
discharge to downstream receiving waters: Palm Road channel, Poggi Canyon and Telegraph Canyon. A
typical section of existing roadway conditions is shown inFigure 2-1below.
Figure 2-1: Typical Condition of Existing Median for proposed Guideway Location, Region 2
Proposed Conditions
The proposed Project will replace the existing median with a two lane guideway at grade. Sheet flow
runoff from the guideway will be conveyed along the curb flow line into proposed curb inlets Captured
flow will go through treatment and/or retention units that will discharge to existing storm drain
facilities. The Drainage Report contains an analysis of the existing storm drains, downstream of project
inlets. That analysis demonstrates that downstream storm drains are adequately sized to carry the
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increased flows to be generated by the Project. See typical cross-sections for West and East regions of
the project inFigures 1-2and 1-3.
Due to space limitations in the median of Region 1, runoff from the existing traffic lanes will be captured
for water quality treatment and/or hydromodification control, rather than from the new pavement of
the BRT guideway. Region 2 guidway runoff will be captured for treatment and hydromodification
mitigation. In either case, runoff from an equal or greater contributing area will be captured, in each
watershed.
2.4Conditions of Concern
The Final Hydromodification Plan developed by the County of San Diego was effective January 2011 and
requirements apply to Priority Development Projects that have not obtained grading, construction, or
building permits. Hydromodification refers to changes in the natural flow pattern (surface flow or
groundwater) of an area due to development. Land development impacts include increasing impervious
surface, decreasing vegetation, soil compaction, and construction of drainage facilities. The effect of
these actions on runoff is less infiltration, increased volume, and increased duration. Storms that
previously didn’t produce runoff under pre-project conditions can produce erosive flows post-project.
Ultimately, the receiving water stream bank is eroded by an increase in both volume of runoff and the
length of time that flows occur. To assess the potential for streams to be impacted by
hydromodification, a stream susceptibility screening was applied in two locations at a Telegraph Canyon
discharge point and the Palm Road basin storm drain discharge to the downstream receiving channel.
The results determined both locations to have low susceptibility.
Hydromodification will be managed by reducing runoff flow and volume with Low Impact Development
(LID) practices. LID practices and facilities will preserve the existing hydrologic response by promoting
physical, chemical and biologic treatment of storm water flows. Storm flows are either allowed to
infiltrate into the subsoil to mimic natural processes or stored until the storm peak passes and then
metered out to the drainage system, by flow restricting orifices, at a rate that mimics predevelopment
runoff. The hydromodification mitigation strategy is discussed in detail in the accompanying Drainage
Report.
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3. Permanent Stormwater Best Management Practices
3P ERMANENT S TORMWATER B EST M ANAGEMENT P RACTICES
The post construction Stormwater Management Plan for this project will implement LID site design
BMPs, source control BMPs, and treatment control BMPs to the maximum extent practicable. The BMP
strategy was determined based on feasibility and relative effectiveness to remove the anticipated
pollutants from runoff. The main objective was to mimic the predevelopment hydrologic regime and
reduce or eliminate pollutants in runoff. These objectives are achieved by implementing the required
site, source, and treatment BMPs.
Street and highway projects do not typically lend themselves well to retrofit with LID BMPs, due to right
of way constraints and lack of available area to accommodate BMPs. Additional constraints within the
East Palomar Street Corridor include poor draining clay soils for the portion of the project east of
Heritage Road. Other constraints include high traffic volumes and loads that preclude the use of
pervious pavement alternatives.
3.1Low Impact Development BMPs
LID techniques reduce pollution generation of stormwater by treating pollutants where they are
generated. The overall goal of LID BMPs is to control post-development stormwater runoff discharge
rates and durations to more closely match predevelopment flow patterns. The most common practice
of LID is to reduce impervious area and use natural features such as landscape to infiltrate and retain
runoff. The Project proposes to maintain a buffer landscape between the guideway and local vehicular
traffic. Street trees will be retained to capture runoff at the source (within landscaped medians) to treat
runoff. Street runoff will be detained and treated onsite prior to entering into the public storm drain
system. A stated Project goal is to cconserve natural areas, existing trees, vegetation and soil.
Guideways will be constructed to a maximum width of 25’ (12’ in each direction + 0.5’ curb either side)
to minimize the impervious footprint.
3.2Source Control BMPs
The source design BMPs include inlet stencils, efficient irrigation, street sweeping, trash receptacles and
educational materials available to users. Dumping of waste materials into storm drain inlets will be
prohibited. All storm drain inlets located within the Project boundaries will be stenciled or imprinted
using a concrete stamp (new inlets only) with the bilingual message “No Dumping – I Live Downstream“
message as depicted in City of Chula Vista Construction Standard CVCS-24. Efficient irrigation systems
and landscape design will be integrated into the proposed Project. Overwatering is a typical cause of
flushing fertilizers and pesticides into storm drains. Drought tolerant plants and efficient irrigation will
be implemented on the site, in compliance with the City’s Landscape Water Conservation ordinance, to
reduce runoff from overwatering. Street sweeping will be implemented on the new guideway road
surfaces in addition to existing sweeping of adjacent roadway surfaces, to minimize pollutants
contacting stormwater.
3.3Treatment Control BMPs
After site design and source controls have been determined, the post construction treatment strategy
must consider treatment Control BMPs. The hierarchy of consideration includes the following BMPs
ranked from highest priority to lowest priority: Infiltration, Capture and Reuse, Biofiltration and lastly
physical, chemical and mechanical treatment. No treatment control BMPs currently exist within the
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Project footprint. Given the small area available for treatment control, and the poorly drained clay soils
on the east side, infiltration is not practical for water quality treatment. Capture and Reuse for irrigation
may be theoretically feasible, but is not financially practical, given the additional cost associated with
additional land acquisition, design, construction and maintenance of these types of systems. Given the
many constraints to the project for the use of infiltration or capture and reuse systems, the most
feasible treatment control BMP is biofiltration. High rate biofilters treat runoff in a similar manner as
open bioretention cells and subject stormwater to the same physical, chemical and biologic treatment
processes that rely on filtration, adsorbtion, absorption and ion exchange to reduce contaminants in
storm water runoff. Proprietary biofilter systems have been designed specifically to remove a wide
variety of pollutants from stormwater and studied in detail to confirm rapid removal. The high rate of
treatment allows for a relatively small footprint compared to other BMPs. The proposed biofilters have
been sized for a Water Quality Flow Rate (WQF). Flow based treatment control BMPs for this site are
designed based on the following rational method equation.
Q()= C*i*A
T
Where:
C= runoff coefficient = 1.00 for impervious areas; 0.1 for landscaped areas
i= 0.2 in/hr for rainfall intensity
A= area (acres)
Assuming a design treatment rate of 0.2 in/hr and infiltration rates of approximately 5 in/hr which are
typical criteria for bioretention systems, the area required to treat runoff from a given project is 4% of
the contributing area. As the infiltration rate increases the amount of treatment area required
decreases. Biofilters have a much higher flow through rate of treatment then what is required by
bioretention. Some biofilter media have been shown to provide adequate treatment of stormwater with
filtration rates of 100 in/hr.
After determining the infeasibility of most treatment control BMPs, and determining that high rate
biofilters are the most applicable for this project, meetings were held with the City of Chula Vista to
determine which proprietary biofilter would best meet the City’s needs. Discussions with the City
concluded that Bioclean Modular Wetland System (MWS) would be the preferred option based on the
system’s upstream forebay for debris catchment, its horizontal flow feature, and its relative ease of
maintenance. Therefore, MWS will be the primary device proposed to treat stormwater to improve
discharge water quality.
SeeAppendix A for water quality flow rate calculations. In order to reduce the variability of MWS
models used throughout the project, 3 MWS models were selected (MWS L-4-8, 4-15 and 4-19) to
accommodate a wide variety of flow rates. Treatment rates for each unit were based on manufacturer’s
recommendations. A total of 16 MWS units were determined to be necessary based on the new
impervious and full depth reconstructed surfaces
Exhibit A provides drainage area maps with locations of treatment BMPs. Unit numbers are called out
on the plans and shown in tables to better illustrate how calculations relate to the exhibits.
The City of Chula Vista Development Stormwater Manual specifies high or medium pollutant removal
efficiency BMPs to be selected for the identified pollutants of concern for the proposed Project: heavy
metals, trash and debris, oxygen demanding substances, sediments, and oil & grease. The proposed
MWS biofilters are highly effective at removing all pollutants of concern.
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Table 3-1 lists standard structural treatment BMPs and treatment efficiency for target pollutants. Each
Treatment BMP was analyzed. As shown inTable 3-1, the City of Chula Vista has ranked Treatment
Control BMPs based upon relative effectiveness. BMPs are ranked on a scale of 1 to 5 and given ‘High’
(rankings 1 & 2), ‘Med.’ (rankings 3 & 4), and ‘Low’ (ranking 5) marks. For the South Bay Bus Rapid
Transit project, the ‘Pollutants of Concern’ fall under the category of ‘Pollutants that tend to associate
with fine particles during treatment’. The following analysis of the BMPs is arranged by the City of Chula
Vista Ranking.
High Ranked Treatment Control BMPs (Ranking 1 and 2)
Infiltration Facilities/ LID Practices:The City of Chula Vista ranks Infiltration Facilities/LID practices with
the highest treatment efficiency. Infiltration facilities include infiltration basins, trenches, and dry wells
to capture, retain, and infiltrate runoff in permeable soils (Class A or B). LID infiltration practices
include runoff to landscape and pervious pavement. The surface area required for this treatment option
has a maximum ratio of 2:1, impervious to pervious area. Our analysis found that this treatment option
is not a feasible option for the following reasons:
The soils in the eastern half of the project are predominately clay in nature and are not
recommended to infiltrate runoff. Soil types from the San Diego County Hydrology Manual
indicate the soils along the eastern corridor are types C and D.
The proposed guideway in the east is bounded on both sides by existing palm trees and the
existing roadway. The surface area required for infiltration is not available.
To include additional landscape and/or other pervious areas would require significant re-grading
of the existing roadway and/or acquisition of additional property.
Permeable pavement is not recommended for repeated bus loading conditions.
The soils in the western half (west of Heritage Rd.) are silty sands classified predominately as
Hydrologic Soil Group A with some B group soils, which are suitable for infiltration. The eleven
(11) infiltration units in Region 1 were also counted for water quality treatment. These units will
have a proprietary inlet filter basket with a hydrocarbon boom to pretreat the stormwater prior
to infiltration. The infiltration gallery itself has a sediment capture sump at the inlet to further
reduce solids.. See the Hydromodification discussion in the Drainage Report.
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l Treatment Control BMP Selection Matrix
Table 3-1
Structural Treatment Control BMP Selection Matrix
Source: City of Chula Vista Development Stormwater Manual March 2010
Biodetention Pond (LID):The second Treatment BMPs with highest treatment efficiencies are
biodetention facilities. Biodetention Facilities support vegetation and filter stormwater through plant
roots and soil. These types of systems are sized to detain a volume of runoff to be treated via filtration
through soil media. Design recommendations require a surface area 0.04 times the impervious area
based on 5 in/hr infiltration rates and 0.2 in/hr intensity. After analyzing the available right of way and
identifying the locations where biodetention facilities could be located in the median, it was determined
these systems would be used predominately on the eastern portion of the project to address
hydromodifcation control. The biodetention areas will be designed as volume based swale systems that
will provide a combination of surface and subsurface storage. Given the poor soils in the eastern area,
the biodetention systems will be equipped with perforated underdrains to accommodate drawdown.
One pair of infiltration biodetentions ponds is planned for the western area, just west of Heritage Rd in
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drainage Area D100 and a second pair will be constructed in DMA1 just east of Heritage Rd. They will
also be sized and utilized for hydromodification.Figure 3-1depicts a typical biodetention pond.
Figure 3-1: Biodetention Pond
Wetlands and Wet Ponds: To be effective, wetlands and wet ponds require a significant surface area
and a constant source of water so that they can stay inundated year-round. For this option to be
effective, the water table must be close enough to the surface to have a functional permanent pool. Our
analysis found that this treatment option is not a feasible option for the following reasons:
Wet Ponds and Wetlands are not typical stormwater treatment features for streets in this area
and not recommended for the South Bay Bus Rapid Transit.
Wet Ponds and Wetlands provide a potential for mosquito breeding.
Medium Ranked Treatment Control BMPs (Ranking 3 and 4):
Settling Basins: Surface settling basins are effective stormwater Treatment BMPs because it allows
pollutants to settle out prior to being discharged. As such, settling basins require significant surface area
and hydraulic head to allow for effective treatment. Our analysis found that this treatment option is not
a feasible option for the following reasons:
The surface area required for a settling pond is not available within the City right-of-way.
High-rate Media Filter: Proprietary high-rate media filters are similar to Media Filters but only require a
relatively small hydraulic head to function (3 to 5 feet). The Media Filters can be installed so that they
can treat stormwater runoff entering each individual inlet. As such, this treatment option is a feasible
option for this site. The inlets onsite can be modified to accommodate the media filter units that will be
able to treat the surface runoff as it enters the storm drain system. Media filters will be used in
locations where it is not feasible to construct bioretention facilities or to gain offset credits on existing
pavements elsewhere in the corridor as necessary.
Vegetated Swale: Vegetated swales filter pollutants as stormwater is slowly conveyed through.
Integrating vegetated swales within the proposed Project and adjacent to the guideway will require
removing existing palm trees. Our analysis found that this treatment option is not feasible for the
following reasons:
The proposed guideway will follow the existing slope of the street which, in most areas, is too steep
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which creates velocities that are too fast to treat the stormwater. This would also require locating
open vegetated areas in the middle of existing and proposed vehicular use areas of the facility.
Media Filters: Media filters utilize gravity to provide slow infiltration of stormwater runoff through
sand or other proprietary media. Our analysis found that this treatment option is not a feasible option
for the site for the following reasons: An adequate flat area is not available for a sufficiently large
media filter.
High-rate Biofilter: High-rate biofilters treat stormwater through a combination of media and
vegetation which is similar to the mode of treatment in bioretention systems. An example Modular
Wetland biofilter is depicted inFigure 3-2. An analysis found that this treatment option is feasible. This
BMP is acceptable to the City of Chula Vista, for application to this project, for the following reasons:
There are limited locations for bioswales and infiltration systems within the project areas
Therefore, the sites that are available will be used for hydromodification.
A proprietary high-rate biofilter has potential to be used as a treatment option at individual inlet
locations throughout the site.
Runoff from roadway and guideway surface areas can be easily captured and treated upstream
of each proposed inlet.
Figure 3-2: High-rate BioFiltration (Modular Wetland Curb Type)
3.4Construction BMPs
Pollutants from construction activities include soil erosion, sedimentation, metals, construction
chemicals, and other construction wastes. Locations of construction materials exposed to water,
building activity areas, and BMPs to eliminate or reduce discharge of pollutants from the site during
construction will be addressed in the Stormwater Pollution Prevention Plan (SWPPP). Typical
construction BMPs include:
EC-1 Scheduling
1.EC-2 Preservation of Existing Vegetation
2.SE-1 Silt Fence
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3. Permanent Stormwater Best Management Practices
3.SE-10 Storm Drain Inlet Protection
4.SE-5 Fiber Rolls
5.SE-7 Street Sweeping and Vacuuming
6.SE-8 Sandbag Barrier
7.TR-1 Stabilized Construction Entrance/Exit
8.TR-3 Entrance/Outlet Tire Wash
9.WE-1 Wind Erosion Control
10.WM-8 Concrete Waste Management
11.WM-1 Material Delivery & Storage
12.WM-2 Material Use
13.NS-1 Water Conservation Practices
14.NS-3 Paving and Grinding Operations
15.NS-8 Vehicle & Equipment Cleaning
16.NS-12 Concrete Curing
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4. Operation and Maintenance Plan
4O PERATION AND M AINTENANCE P LAN
The Contractor is responsible for maintenance of the temporary construction BMPs. The City of Chula
Vista is owner of the property and physical features of the property. However, funding for and
responsibility for the maintenance and operations of all permanent post-construction BMPs is currently
being negotiated and will be finalized in a formal agreement prior to start up and operation of the
facilities. O&M requirements for the proposed permanent post-construction BMPs are provided in
Table 4-1. The City of Chula Vista and SANDAG will enter into a financing and maintenance agreement
which will include all BRT elements in addition to all storm water BMPs.
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5. Conclusion
5C ONCLUSION
This project proposes to construct a guideway dedicated to transit. The primary pollutants of concern
are trash & debris, heavy metals, and oil & grease.
The onsite storm water mitigation facilities will consist of bio-detention swales for hydromodification
control, underground storage and infiltration vaults for hydromodification control and Inlet filter baskets
with hydrocarbon absorbent booms for water quality pretreatment, and high rate biofilters for the
remainder of the required water quality treatment. The bio-detention swales, storage vaults, and high
rate biofilters will be connected to the existing City drainage system by additional storm drain pipes.
The infiltration vaults divert treated stormwater to groundwater recharge.
For the portion of the project west of Heritage Road, there is minimum space to fit bio-detention swales
in the median adjacent to the proposed BRT section. As stated above, hydromodification controls will
only be required on new impervious areas, which limits the required storage areas. High rate biofilters
and pretreated infiltration vaults will provide the necessary water quality treatment for the new
impervious area and areas of full reconstruction. Additional discussion is provided below. The portion
of the project east of Heritage Road will have bio-detention swales constructed in the median, which will
provide a major portion of the hydromodification controls. High rate biofilters will provide water quality
treatment.
The proprietary treatment systems are manufactured by Bioclean Modular Wetlands. The Bioclean
MWS units will be installed upstream of inlets to function as flow-by systems. The proposed BMPs will
be within City right of way; however, ownership and maintenance of these facilities will be performed
under a maintenance agreement between the City of Chula Vista and SANDAG and/or MTS. A
cooperative agreement will be made between the City of Chula Vista and MTS to determine the terms
by which these facilities shall be owned and maintained. Maintenance for the MWS include yearly
inspection, inspection after each storm event, regular removal of trash and debris, regular replacement
of absorbent booms and annual replacement of green filter media in each unit. For additional
maintenance procedures, refer to the manufacturer recommendations inExhibit C. Inspection,
operation and maintenance plans will be completed in cooperation with the City of Chula Vista as part
of the Construction Documents.
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6. References
6R EFERENCES
This Water Quality Technical Report incorporates, by reference, the appropriate elements of the
following documents and plans required by local; State or Federal agencies.
1.California Regional Water Quality Control Boardwww.swrcb.ca.gov 2007
2.California Regional Water Quality Control Board San Diego Region Order No. R9-2007-0001,
January 2007
3.California Stormwater BMP Handbook, New Development and Redevelopment, January
2003
4.City of Chula Vista Development Stormwater Manual, January 2008
5.County of San Diego Low Impact Development Handbook, July 2007
6.Municipal Stormwater National Pollutant Discharge Elimination System (NPDES) Permit
7.Water Quality Control Plan for the San Diego Basin, September 1994 (amended April 2007)
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E XHIBIT A
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SEESHEET2
SEEBELOWLEFT
SEESHEET3
R
D
S
IE
V
A
D
R
D
S
IE
V
A
D
SEEABOVERIGHT
SEESHEET1
SEEBELOWLEFTSEESHEET4
SEESHEET2SEEABOVERIGHT
SEESHEET5
SEEBELOWLEFT
SHEET3
SEEABOVERIGHT
SEEBELOWLEFT
SEESHEET6
SEESHEET4SEEABOVERIGHT
SEEBELOWLEFT
SEEABOVERIGHT
SEESHEET5
Exhibit B
Drainage and Water Quality Calculations
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E XHIBIT C
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™
2
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MAINTENANCE
Maintenance Summary –
o Clean Bio Clean® Catch Basin Filter – average maintenance interval is 3 to 6
months.
(15 minute service time).
o Clean Separation (sediment) Chamber – average maintenance interval is 6 to 18
months.
(30 minute service time).
o Replace Cartridge Filter Media (BioMediaGREEN™) – average maintenance
interval 6 – 12 months.
(45 minute service time).
o Replace Drain Down Filter Media (BioMediaGREEN™) – average maintenance
interval is 6 to 12 months.
(5 minute service time).
o Trim Vegetations – average maintenance interval is 3 to 6 months.
(15 minute service time).
o Evaluate Wetland Media Flow Hydraulic Conductivity – average inspection
interval is once per year.
(5 minute inspection time).
o Wetland Media Replacement – average maintenance interval is 5 to 20 years.
(6 hours).
For more information on maintenance procedures, to order replacement media or
find an authorized service company please contact:
Modular Wetland Systems, Inc
2972 San Luis Rey Road
Oceanside, CA 92058
Phone: 760-433-7640
Fax: 760-433-3176
Email: info@modularwetlands.com
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System Diagram –
Access to drain
Access to down filter and
screening device, flow valves
sediment chamber
and cartridge filter
Discharge
Chamber
Wetland Biofiltration
Chamber
Pre-Treatment
Chamber
Maintenance Overview –
A. Every installed MWS – Linear unit is to be maintained by the Supplier, or a
Supplier approved contractor. The cost of this service varies among providers.
B. The MWS – Linear is a multi-stage self-contained treatment train for stormwater
treatment. Each stage protects subsequent stages from clogging. Stages include:
screening, separation, cartridge media filtration, and biofiltration. The biofiltration stage
contains various types of vegetation which will require annual evaluation and trimming.
1.Clean Bio Clean® Catch Basin Filter – Screening is provided by well proven
catch basin filter. The filter has a trash and sediment capacity of 2 (curb type)
and 4 (grate type) cubic feet. The filter removes gross solids, including litter, and
sediments greater than 200 microns. This procedure is easily done by hand or
with a small industrial vacuum device. This filter is located directly under the
manhole or grate access cover.
2.Clean Separation (sediment) Chamber – separation occurs in the pre-
treatment chamber located directly under the curb or grated inlet. This chamber
has a capacity of approximately 21 cubic feet for trash, debris and sediments.
This chamber targets TSS, and particulate metals and nutrients.This procedure
can be performed with a standard vacuum truck. This chamber is located directly
under the manhole or grate access cover.
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3.Replace Cartridge Filter Media (BioMediaGREEN™) – Primary filtration is
provided by a horizontal flow cartridge filter utilizing BioMediaGREEN blocks.
Each cartridge has a media surface area of 35 square feet. The large surface
area will insure long term operation without clogging. The cartridge filter with
BioMediaGREEN targets fine TSS, metals, nutrients, hydrocarbons, turbidity and
bacteria. Media life depends on local loading conditions and can easily be
replaced and disposed of without any equipment. The filters are located in the
pre-treatment chamber. Entry into chamber required to replace BioMediaGREEN
blocks. Each cartridge contain 14 pieces of 20” tall BioMediaGREEN.
4.Replace Drain Down Filter Media (BioMediaGREEN™) – A drain down filter,
similar in function to the perimeter filter is located in the discharge chamber. This
filter allows standing water to be drained and filtered out of the separation
chamber. This addresses any vector issues, by eliminating all standing water
within this system. Replacement of media takes approximately 5 minutes and is
performed without any equipment.
5.Trim Vegetations – The system utilizes multiple plants in the biofiltration
chamber to provide enhanced treatment for dissolved pollutants including
nutrients and metals. The vegetation will need to be maintained (trimmed) as
needed. This can be done as part of the project normal landscape maintenance.
NO FERTILIZER SHALL BE USED IN THIS CHAMBER.
6. Evaluate Wetland Media Flow Hydraulic Conductivity – The systems flow
can be assessed from the discharge chamber. This should be done during a rain
event. By viewing into the discharge chamber the flow out of the system can be
observed. If little to know flow is observed from the lower valve or orifice plate this
is a sign of potential wetland media (biofiltration) maintenance needs.
7. Wetland Media Replacement – biofiltration is provided by an advance
horizontal flow vegetated wetland. This natural filter contains a mix of sorptive
media that supports abundant plant life. This biofilter targets the finest TSS,
dissolved nutrients, dissolved metals, organics, pesticides, oxygen demanding
substances and bacteria. This filter provides the final polishing step of treatment.
If prior treatment stages are properly maintained, the life of this media can be up
to 20 years. Replacement of the media is simple. Removal of spent media can be
done with a shovel of a vacuum truck.
C. The MWS – Linear catch basin filter, separation chamber, cartridge filter media and
wetland media are designed to allow for the use of vacuum removal of captured
pollutants and spent filter media by centrifugal compressor vacuum units without causing
damage to the filter or during normal cleaning and maintenance. Filter and chambers
can be cleaned from finish surface through standard manhole or grate access.
2019-05-07 Agenda Packet
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Maintenance Procedures –
1.Clean Bio Clean® Catch Basin Filter – Modular Wetland Systems, Inc. recommends
thecatch basin filter be inspected and cleaned a minimum of once every six months
and replacement of hydrocarbon booms once a year. The procedure is easily done with
the use of any standard vacuum truck. This procedure takes approximately 15 minutes.
1. Remove grate or manhole to gain access to catch basin filter insert. Remove
the deflector shield (grate type only) with the hydrocarbon boom attached.
Where possible the maintenance should be performed from the ground
surface. Note: entry into an underground stormwater vault such as an inlet
vault requires certification in confined space training.
2. Remove all trash, debris, organics, and sediments collected by the inlet filter
insert. Removal of the trash and debris can be done manually or with the use
of a vacuum truck. The hose of the vacuum truck will not damage the screen
of the filter.
3. Evaluation of the hydrocarbon boom shall be performed at each cleaning. If
the boom is filled with hydrocarbons and oils it should be replaced. Attach
new boom to basket with plastic ties through pre-drilled holes in basket. Place
the deflector shield (grate type only) back into the filter.
4. Transport all debris, trash, organics and sediments to approved facility for
disposal in accordance with local and state requirements.
5. The hydrocarbon boom may be classified as hazardous material and will have
to be picked up and disposed of as hazardous waste. Hazardous material can
only be handled by a certified hazardous waste trained person (minimum 24-
hour hazwoper).
2.Clean Separation (sediment) Chamber – Modular Wetland Systems, Inc.
recommends the separation chamber be inspected and cleaned a minimum of once a
year. The procedure is easily done with the use of any standard vacuum truck. This
procedure takes approximately 30 minutes.
1. Remove grate or manhole to gain access to the catch basin filter.
2. Remove catch basin filter. Where possible the maintenance should be
performed from the ground surface. Note: entry into an underground
stormwater vault such as an inlet vault requires certification in confined space
training.
3. With a pressure washer spray down pollutants accumulated on walls and
cartridge filters.
4. Vacuum out separation chamber and remove all accumulated debris and
sediments.
5. Replace catch basin filter, replace grate or manhole cover.
6. Transport all debris, trash, organics and sediments to approved facility for
disposal in accordance with local and state requirements.
2019-05-07 Agenda Packet
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3.Replace Cartridge Filter Media (BioMediaGREEN™) – Modular Wetland Systems,
Inc. recommends the cartridge filters media be inspected and cleaned a minimum of
once a year. The procedure will require prior maintenance of separation chamber.
Replacement of media takes approximately 45 minutes.
1. Remove grate or manhole to gain access to the catch basin filter.
2. Remove catch basin filter. Where possible the maintenance should be
performed from the ground surface. Note: entry into an underground
stormwater vault such as an inlet vault requires certification in confined space
training.
3. Enter separation chamber.
4. Unscrew the two ½” diameter bolts holding the lid on each cartridge filter and
remove lid and place outside of unit.
5. Remove each of the 14 BioMediaGREEN filter blocks in each cartridge and
remove from chamber for disposal.
6. Spray down the outside and inside of the cartridge filter to remove any
accumulated sediments.
7. Replace with new BioMediaGREEN filter blocks insuring the blocks are
properly lined up and seated in the bottom.
8. Replace the lid and tighten down bolts.
9. Replace catch basin filter, replace grate or manhole cover.
10. Transport all debris, trash, organics, spent media and sediments to approved
facility for disposal in accordance with local and state requirements.
4.Replace Drain Down Filter Media (BioMediaGREEN™) – Modular Wetland
Systems, Inc. recommends the drain down filter be inspected and maintained a
minimum of once a year. Replacement of media takes approximately 5 minutes.
1. Open hatch of discharge chamber
2. Enter chamber, unlatch drain down filter cover.
3. Remove BioMediaGREEN filter block
4. Replace with new block, replace and latch cover.
5. Exit chamber, close and lock down the hatch.
6. Transport spent media to approved facility for disposal in accordance with
local and state requirements.
5.Trim Vegetations – Modular Wetland Systems, Inc. recommends the
plants/vegetation be inspected and maintained a minimum of once a year. It is also
recommended that the plants receive the same care as other landscaped areas. Note:
No fertilizer is to be used on this area.Trimming of vegetation takes approximately
15 minutes.
6. Evaluate Wetland Media Flow Hydraulic Conductivity – Modular Wetland Systems,
Inc. recommends system flow be inspected and observed a minimum of once a year.
This needs to be done during a rain event. Inspection and Observation takes
approximately 5 minutes.
1. Open hatch of discharge chamber
2. Observe the level of flow from the bottom valve or orifice plate.
3. If flow is steady and high the system is operating normally.
2019-05-07 Agenda Packet
Page 145 of 1025
4. If little or no flow is observed exiting the valve possible maintenance to the
biofiltration wetland chamber may be needed. Contact Modular Wetlands for
further assistance.
5. Exit chamber, close and lock down the hatch.
7. Wetland Media Replacement – Modular Wetland Systems, Inc. recommends the
wetland media be replaced a minimum of one every 20 years. Inspection takes
approximately 15 minutes. Replacement of rock media takes approximately 6 hours and
requires a vacuum truck.
1. Remove plants from the wetland chamber.
2. Use a vacuum truck or shovel to remove all wetland media.
3. Spray down the walls and floor of the chamber and vacuum out any
accumulated pollutants.
4. Spray down perforated piping and netting of flow matrix and the inflow and
outflow end to remove any accumulated pollutants.
5. Vacuum out any standing water from the media removal and insure the
chamber is cleaning.
6. Use a small backhoe to fill chamber with new media. Call Modular Wetland
Systems, Inc. for media delivery information.
7. Install BioMediaGREEN filter blocks across over the entire filter bed. Fill with
media until 9” from top. The install filter blocks which are 3” thick. Fill the top 6”
inches with wetland media.
8. Plant new vegetation in the same configuration and quantity as old vegetation.
Dig down until the BioMediaGREEN is exposed. Cut out a small circle of the
BioMediaGREEN. Remove plant from container including soil ball and place in
the whole cut out of the BioMediaGREEN. Cover up with wetland media.
9. Spray down the plants and media with water to saturate.
10. Continue supplemental irrigation (spray or drip) for at lest 90 days.
7. Other Maintenance Notes –
1. Following maintenance and/or inspection, the maintenance operator shall
prepare a maintenance/inspection record. The record shall include any
maintenance activities performed, amount and description of debris collected,
and condition of the system and its various filter mechanism. .
2. The owner shall retain the maintenance/inspection record for a minimum of
five years from the date of maintenance. These records shall be made
available to the governing municipality for inspection upon request at any time.
3. Any person performing maintenance activities must have completed a
minimum of OSHA 24-hour hazardous waste worker (hazwoper) training.
4. Remove access manhole lid or grate to gain access to filter screens and
sediment chambers. Where possible the maintenance should be performed
from the ground surface. Note: entry into an underground stormwater vault
such as an inlet vault requires certification in confined space training.
5. Transport all debris, trash, organics and sediments to approved facility for
disposal in accordance with local and state requirements.
6. The hydrocarbon boom is classified as hazardous material and will have to be
picked up and disposed of as hazardous waste. Hazardous material can only
be handled by a certified hazardous waste trained person (minimum 24-hour
hazwoper).
2019-05-07 Agenda Packet
Page 146 of 1025
Maintenance Sequence –
Access Pre-Treatment Chamber by Removing Assess Pollutant Loading in Catch Basin Filter
Manhole or Grate Coverand Sediment Chamber
Vacuum Catch Basin FilterRemove Catch Basin Filter
Vacuum out the Sediment ChamberEnter Chamber Remove Lids of Cartridge Filters
2019-05-07 Agenda Packet
Page 147 of 1025
Remove Spent BioMediaGREEN Filter BlocksSpray Down and Clean Cartridge Filter Housing
Replace with New BioMediaGREEN Filter Blocks Open Discharge Chamber Lid to Asses Wetland
and Replace Lid, then Catch Basin Filter and Media Flow Rate and Replace Drain Down Filter
Replace Manhole or GrateNear Bottom
Please Contact Modular Wetland Systems, Inc. for
More Information:
760-433-7640
info@modularwetlands.com
Evaluate Vegetation and Trim if Needed.
Maintenance Complete.
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DischargePointsforTelegraphCanyonandOtayRiverintoSanDiegoBay
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6102YRAUNAJ-SNALPDEMROFNOC
304
OF
DR-01
54
STORM DRAIN TABLE
CONSTRUCTION NOTES
2
0
-
R
D
T
E
E
H
S
E
E
S
0
5
+
6
0
5
.
A
T
S
E
NI
L
H
C
T
A
M
LEGEND
ABBREVIATIONS
GENERAL NOTES
29+105.ATSKROWFOSTIMIL-B1ESAHP
420400
380
DREGATIREH
DREGATI
REH
DRAINAGE PROFILE
420400380
6102YRAUNAJ-SNALPDEMROFNOC
304
OF
DR-02
55
STORM DRAIN TABLE
CONSTRUCTION NOTES
3
0
-
R
D
T
E
E
HS
E
E
S
0
5
+
6
1
5.
A
T
S
E
NI
L
H
CT
A
M
480460440
DRAINAGE PROFILE
1
0
-
R
D
T
E
E
H
S
480460440
E
E
S
0
5
+
6
0
5
.
A
T
S
E
N
I
L
H
C
T
A
M
6102YRAUNAJ-SNALPDEMROFNOC
304
OF
DR-03
56
STORM DRAIN TABLE
CONSTRUCTION NOTES
LHCTAM
625.ATSENI
HSEES05+
40-RDTEE
480470
520500
DRAINAGE PROFILE
CRANOM
RDEH
AS
ATIRATN
520500480470
480470
520500
DRAINAGE PROFILE
M
NILHCTA
5.ATSE
EES05+61
DTEEHS
20-R
520500480470
6102YRAUNAJ-SNALPDEMROFNOC
304
OF
DR-04
57
STORM DRAIN TABLE
CONSTRUCTION NOTES
5
0
-
R
D
T
E
E
H
S
E
E
S
0
5
+
6
3
5
.
A
T
S
E
N
I
L
H
C
T
A
M
480
520500
DRAINAGE PROFILE
R
D
E
H
C
R
A
N
O
M
T
S
A
E
R
D
N
A
A
T
N
A
S
520500480
520500480
DRAINAGE PROFILE
3
0
-
R
D
T
E
E
H
S
E
E
S
0
5
+
6
2
5
.
A
T
S
E
520500480
N
I
L
H
C
T
A
M
6102YRAUNAJ-SNALPDEMROFNOC
304
OF
DR-05
58
STORM DRAIN TABLE
CONSTRUCTION NOTES
6
0
-
R
D
T
E
E
H
S
E
E
S
0
5
+
6
4
5
.
A
T
S
E
N
I
L
H
C
T
A
M
480460
500
DRAINAGE PROFILE
500480460
480
520500
E
V
A
A
I
C
I
L
A
A
T
N
A
S
DRAINAGE PROFILE
4
0
-
R
D
T
E
E
H
S
E
E
S
0
5
+
6
3
5
.
A
T
520500480
S
E
N
I
L
H
C
T
A
M
6102YRAUNAJ-SNALPDEMROFNOC
304
OF
DR-06
59
STORM DRAIN TABLE
CONSTRUCTION NOTES
AM
CT
LH
NI
SE
AT
5.
65
05+
S
EE
S
EEH
T
RD
70-
480460
500
DRAINAGE PROFILE
5
0
-
R
D
T
E
E
H
S
E
E
S
0
500480460 5
+
6
4
5
.
A
T
S
E
N
I
L
H
C
T
A
M
6102YRAUNAJ-SNALPDEMROFNOC
304
OF
DR-07
60
STORM DRAIN TABLE
CONSTRUCTION NOTES
8
0
-
R
D
T
E
E
H
S
E
E
480460
500
S
0
5
+
6
6
5
.
A
T
S
E
N
I
L
H
C
T
A
M
DRAINAGE PROFILE
500480460
500480460
DRAINAGE PROFILE
500480460
500480460
D
R
A
R
O
L
F
A
T
N
A
S
DRAINAGE PROFILE
6
0
-
R
D
T
E
E
H
S
E
E
S
0
5
+
6
5
5
.
A
T
S
E
N
I
L
H
C
T
500480460
A
M
6102YRAUNAJ-SNALPDEMROFNOC
304
OF
DR-08
61
STORM DRAIN TABLE
CONSTRUCTION NOTES
9
0
-
R
D
T
E
E
H
S
E
E
S
0
5
+
6
7
5
.
A
T
S
520500480 E
N
I
L
H
C
T
A
M
D
R
A
DRAINAGE PROFILEI
D
E
M
A
L
520500480
520500480
DRAINAGE PROFILE
520500480
D
LE
HP
NI
A
A
EV
AS
TN
A
520500480
DRAINAGE PROFILE
7
0
-
R
D
T
E
E
H
S
E
E
S
0
5
+
6
6
520500480
5
.
A
T
S
E
N
I
L
H
C
T
A
M
6102YRAUNAJ-SNALPDEMROFNOC
304
OF
DR-09
62
STORM DRAIN TABLE
CONSTRUCTION NOTES
.ATSENILHCTAM
01-RDTEEHSEES05+685
580560540
EVAA
ROCATN
AS
EVA
AROCATNA
S
DRAINAGE PROFILE
580560540
540520500
DRAINAGE PROFILE
540520500
80
-RDTE
EHSEES
05+665.AT
SENILH
CTAM
6102YRAUNAJ-SNALPDEMROFNOC
304
OF
DR-10
63
STORM DRAIN TABLE
CONSTRUCTION NOTES
1
1
-
R
D
T
E
E
H
S
E
E
S
0
5
+
6
9
5
.
A
T
S
E
N
I
L
H
C
T
A
M
560540520
DRAINAGE PROFILE
IV
ATS
OS
ASIRN
VA
E
560540520
560540520
E
L
O
H
D
N
9
A
8
H
2
5
6
1
1
1
3
3
H
DRAINAGE PROFILE
560540520
M
A
CT
ILH
EN
S
.AT
75
+6
05
ES
E
HS
EE
DT
R
90-
6102YRAUNAJ-SNALPDEMROFNOC
304
OF
DR-11
64
STORM DRAIN TABLE
CONSTRUCTION NOTES
520500480
Y
W
K
P
CI
P
MY
L
O
DRAINAGE PROFILE
520500480
520500480
DRAINAGE PROFILE
520500480
560540520
ASORATNAS
RD
DRAINAGE PROFILE
0
1
-
R
D
T
E
E
H
S
560540520 E
E
S
0
5
+
6
9
5
.
A
T
S
E
N
I
L
H
C
T
A
M
6102YRAUNAJ-SNALPDEMROFNOC
304
500480
OF
500480460
DR-12
65
DRAINAGE PROFILE
DRAINAGE PROFILE
500480
500480460
480
520500
520500480
DRAINAGE PROFILE
520500480
480460
500
DRAINAGE PROFILE
DRAINAGE PROFILE
520500480500480460
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OF
DR-13
66
GENERAL NOTES
MEDIAN DRAINAGE CONNECTIONS STA: 513+50 TO 519+00MEDIAN DRAINAGE CONNECTIONS STA: 530+50 TO 536+50
TYPICAL MEDIAN DRAINAGE CONNECTIONS STA: 499+50 TO 505+75
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OF
DR-14
67
GENERAL NOTES
DETENTION SWALE ENLARGEMENT STA: 500+50 TO 504+50
DETENTION SWALE ENLARGEMENT STA: 514+50 TO 517+00
DETENTION SWALE LIMITS AND AREAS
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DR-15
68
CONSTRUCTION NOTES
DETENTION SWALE LIMITS AND AREAS
DETENTION SWALE ENLARGEMENT STA: 542+00 TO 543+50
DETENTION SWALE ENLARGEMENT STA: 557+00 TO 558+00
H
T
R
O
N
DETENTION SWALE ENLARGEMENT STA: 531+00 TO 533+00
DETENTION SWALE ENLARGEMENT STA: 521+50 TO 524+50
DETENTION SWALE ENLARGEMENT STA: 570+50 TO 572+00
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CONSTRUCTION NOTES
H
T
R
O
N
DETENTION SWALE LIMITS AND AREAS
H
T
R
O
N
DETENTION SWALE ENLARGEMENT STA: 584+00 TO 587+50
DETENTION SWALE ENLARGEMENT STA: 594+00 TO 597+00
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SECTION B-B
B
AA
PLAN
B
SECTION A-A
MODIFIED CURB INLET-TYPE B (SDRSD D-2) - DETENTION SWALE LOCATION
TRENCH DRAIN CONNECTION DETAIL
TRENCH DRAIN / MODIFIED GUTTER - STATIONS
A
A
MODIFIED CURB INLET-TYPE B (SDRSD D-2)
SECTION A-A
DETAIL: CONCRETE LUG
AA
MODIFIED CURB INLET-TYPE A (SDRSD D-1)
X*= PIPE DIAMETER, UP TO 12" MAXIMUM
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LEFT END VIEW
RIGHT END VIEW
(4'X8')
(4'X8') MODULAR WETLAND DETAIL
CHAMBER
PRE-TREATMENT
TYPICAL CONCRETE LID DETAIL
PLAN VIEW
CHAMBER
BIOFILTRATION
SECTION A-A
TABLE 1
RIGHT END VIEW
RIGHT END VIEW
CHAMBER
DISCHARGE
CHAMBER
DISCHARGE
AA
CHAMBER
BIOFILTRATION
PLAN VIEW
AA
CHAMBER
BIOFILTRATION
PLAN VIEW
(4'X15') MODULAR WETLAND DETAIL
(4'X19') MODULAR WETLAND DETAIL
CHAMBER
CHAMBER
PRETREATMENT
PRETREATMENT
SECTION A-A
LEFT END VIEW
LEFT END VIEW
2019-05-07 Agenda Packet
Page 206 of 1025
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TYPE A4 SEDIMENT TRAP
PLAN VIEW
SECTION B-B
TABLE 2
B
B
UNDERGROUND DETENTION VAULT-TYPE B
ER-504
ER-502
SIDE VIEW
SIDE VIEW
ER-504
ER-502
FRONT VIEW
FRONT VIEW
ECORAIN TANK
PIPE PENETRATION THROUGH GEOTEXTILE
TOP VIEW
A
TABLE 1
SECTION A-A
PLAN VIEW
UNDERGROUND DETENTION VAULT-TYPE A
A
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CONSTRUCTION NOTES
WATER QUALITY ENLARGEMENT STA: 561+24
WATER QUALITY ENLARGEMENT STA: 598+24
WATER QUALITY ENLARGEMENT STA: 544+60
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MAINTENANCEAND
REIMBURSEMENTAGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE SAN DIEGO METROPOLITAN
TRANSIT SYSTEM TO PROVIDE MAINTENANCE FOR THE
BENEFIT OF THE SOUTH BAY RAPID PROJECT
WHEREAS,San Diego Association of Governments (“SANDAG”) has recently
constructed the South Bay Rapid project (“Project”), a bus rapid transit route including an
exclusive guideway and transit stations that runs from downtown San Diego to I-805 then along
Easet Palomar Street, over SR-125, around Otay Ranch Town Center Mall to Millenia then onto
Birch Road, and onto SR-125 to Otay Mesa Transit Center;
WHEREAS, pursuant to a Joint Use and Maintenance Agreement (“JUMA”) between the
San Diego Metropolitan Transit System (“MTS”), the City, and SANDAG, MTS and the City
are obligated to performcertain maintenance responsibilities for the Project;
WHEREAS, MTS and the City have negotiated terms for a maintenance and
reimbursement agreement whereby the City would agree to perform certain maintenance items
on behalf of MTS and MTS would agree to reimburse the City for the performance of said
maintenance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves Maintenance and Reimbursement Agreement Between The City Of Chula Vista
And The San Diego Metropolitan Transit System To Provide Maintenance For The Benefit Of
The South Bay Rapid Project(“Maintenance Agreement”), in the form presented, with such
minor modifications as may be required or approved by the City Attorney.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that,
subject to the prior approval of the Maintenance Agreement by the San Diego Metropolitan
TransitSystem, it authorizes and directs the Mayoror designee to execute the Maintenance
Agreement.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
directs a copy of the fully executed Maintenance Agreement tobe kept on file in the Office of
the City Clerk.
Presented byApproved as to form by
Iracsema QuilantanGlen R. Googins
2019-05-07 Agenda Packet
Page 437 of 1025
Director of Public WorksCity Attorney
2019-05-07 Agenda Packet
Page 438 of 1025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ADDITION OF 1.0
EQUIPMENT OPERATOR AND 1.0 SENIOR MAINTENANCE
WORKER TO THE AUTHORIZED STAFFING COUNT FOR
THE PUBLIC WORKS DEPARTMENT TO BE FULLY
OFFSET BY CONTRACT REVENUE AND AMENDING THE
BUDGET ACCORDINGLY
WHEREAS,San Diego Association of Governments (“SANDAG”) has recently
constructed the South Bay Rapid project (“Project”), a bus rapid transit route including an
exclusive guideway and transit stations that runs from downtown San Diego to I-805 then along
Easet Palomar Street, over SR-125, around Otay Ranch Town Center Mall to Millenia then onto
Birch Road, and onto SR-125 to Otay Mesa Transit Center;
WHEREAS, pursuant to a Joint Use and Maintenance Agreement (“JUMA”) between the
San Diego Metropolitan Transit System (“MTS”), the City, and the SANDAG, MTS and the
City took on certain maintenance responsibilities for the Project;
WHEREAS, MTS desires to contract with the City to have the City or its contractors
perform certain maintenance items on MTS’s behalf;
WHEREAS, the City and MTS negotiated terms for a Maintenance and Reimbursement
Agreement (“Maintenance Agreement”) for the City to provide maintenance services on behalf
and MTS and for MTS to reimburse the City for the performance of said services which is set to
be concurrently considered by the City Councilwith this resolution;
WHEREAS, to address the maintenance needs for the Projectand Maintenance
Agreement, staff is proposing the addition of 1.0 Equipment Operator and 1.0 Senior
Maintenance Worker to the authorized staffing count of the Public Works Department;
WHEREAS, the addition of staff is contingent upon the approval and final execution of
the Maintenance Agreement;
WHEREAS, MTS will reimburse the City for themaintenance costs as approved in the
Maintenance Agreement and will result in no net impact to the General Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the below changes to the Fiscal Year 2018-19 authorized position count with a
net change in authorized staffing of two positions and appropriating funds therefore:
DepartmentPosition TitleFTE
Public WorksEquipment Operator1.00
Public WorksSenior Maintenance Worker1.00
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Presented byApproved as to form by
Iracsema QuilantanGlen R. Googins
Director of Public WorksCity Attorney
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May 7, 2019File ID: 19-0209
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING COUNCIL
COMMITMENT AND SUPPORT FOR THE FIRE DEPARTMENT APPLICATION FOR THE 2018DEPARTMENT
OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY STAFFING FOR ADEQUATE
FIRE AND EMERGENCY RESPONSE (SAFER) GRANT TO HIRE 12 FIREFIGHTERS
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The Fire Department is requesting the City Council’s commitment and support of its application for a
federal grant to hire 12 firefighters. Theproposedfirefighters willstaff a ninth engine company in the city
(Millenia).The Staffing for Adequate Fire and Emergency Response grant (SAFER) was created to provide
funding directly to fire departments to increase or maintain the number of trained, "front line" firefighters
available in their communities. The goal of the SAFER grant is to enhance the local fire department’s
abilities to comply with staffing, response and operational standards established by National Fire
Protection Association (NFPA) 1710.
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 Staffing for Adequate Fire and Emergency Response grants (SAFER) was created to provide funding
directly to fire departments to increase or maintain the number of trained, "front line" firefighters available
in their communities. The goal of the SAFER grant is to enhance the local fire department’s abilities to
comply with staffing, response,and operational standards established by NFPA Standard 1710.
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SAFER is a cost sharing grant over a three-year performance period. Eligible costs within the grant include
salary and benefits beginning from the date of hire including fire academy training.
SAFER Cost Sharing
YEAR #FEDERAL SHARE*CITY SHARE
Year 175%25%
Year 275%25%
Year 335%65%
*City Share will include General Fund and Measure Afunds.
Total Cost -Years 1 through 3 (if awarded SAFER grant to hire 12 firefighters)
Year #FEDERAL SHARECITY SHARE
Year 1$1,227,429$409,143
Year 2$1,227,429$409,143
Year 3$572,801$1,063,771
Total$3,027,659*$1,882,057*
*This table does not reflect Academy training cost beyond new hire salary & benefits,
contractual or step salary increases, direct or indirect benefit increases due to the
restrictions of the grant application process; however, these fiscal impacts are captured in
the ongoing fiscal impact portion of this report below.
The SAFER grant application was submitted by the Fire Department on March 22, 2019. Typically, grant
awards occur in several weekly allocation rounds that begin in mid-July and run through September. If
awarded and accepted, the SAFER grant Program allows the recruitment and hiring of firefighters to occur
up to six months prior to thebeginning of the three-year performance period. To receive a SAFER grant
award, grantees are required to maintain sworn staffing levelsand incur no lay-offs of sworn personnel
during the grant performance period.
To ensure there is a clear understandingof the long-term obligations of a SAFER grant and that if awarded,
the City is committed to fulfilling those requirements upon acceptance of the award,staff is requesting City
Council establish its commitment through Council Resolution. This commitment does not obligate the City
to accept a grant award offer. However, commitment via Council Resolution is required by DHS as part of
the grant application and acceptance process. Upon award of the grant, the Fire Department will return to
Council seeking formal award acceptance and approval.
If awardedthis grant, the Fire Department would staff a ninth engineintended to service Millenia and the
eastern portion of the city.This additional resource will significantly increase response time performance
as well as service delivery reliability.
Anticipated Department-wide Performance Improvements
METRICWITHOUT SAFER WITH SAFER
GRANTGRANT
Daily Staffing Firefighters4456
Daily Staffed Engine Companies89
Effective ResponseForce-14 firefighters to arrive at fire 29%50%
within 10 minutes 20 seconds (620 seconds)
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DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11),
is not applicable to this decision for purposes of determining a disqualifying real property-related financial
conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City 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 no fiscal impact in FY2019as a result of this resolution. This resolution is requesting formal
documentation from the City Council to establish commitment and support of this grant application.
ONGOING FISCAL IMPACT
In the event the City is awarded and accepts this proposed2018SAFER grant, the ongoing fiscal impacts
are shown in the table below.
Hiring 12 Firefighters
FY 2020FY 2021FY 2022FY 2023
Annual Expense $ 1,636,577 $ 1,749,959 $ 1,893,399 $ 2,041,986
Revenue Offset
SAFER GRANT
(1)
SAFER Funding % of Year 1 75%75%35%0%
SAFER Funding $ 1,227,429$ 1,227,429$ 572,801$ -
Measure A
(2)
3 Firefighter positions$ 510,497
General Fund Net Cost$ 409,147$ 522,530$ 1,320,598$ 1,531,490
(1) Per SAFER Grant, funding to provide reimbursement for 75% of Year 1 expenses for Year 1 and Year 2, with reimbursement %
decreasing to 35% of Year 1 expenses for Year 3 (last year) of grant.
(2) Funding for three Firefighter positions assumed in Measure A Expenditure Plan. Assumes annual 5% Step Increase and 2% Salary
Increase to match those for 12 FF positions.
Awards from this grant program are expected to take place between July and September of 2019. If
awarded and then accepted by the City Council, the fiscal impact will occur in FY2020and consideration
must be made for funding solutions.
ATTACHMENTS
Not applicable
Staff Contact: Harry Muns, Deputy Chief Director of Operations
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING COUNCIL COMMITMENT
ANDSUPPORTFORTHEFIREDEPARTMENT
APPLICATIONFORTHE2018DEPARTMENTOF
HOMELANDSECURITY,FEDERALEMERGENCY
MANAGEMENT AGENCY STAFFING FOR ADEQUATE FIRE
AND EMERGENCY RESPONSE (SAFER) GRANT TO HIRE
12 FIREFIGHTERS
WHEREAS,the City of Chula Vista Fire Department delivers Fire, Rescue and
Emergency Medical Services to Chula Vista residentsand visitorsdaily; and
WHEREAS, the Fire Department strives to meet itsperformance metrics and National
Fire Protection Association (NFPA) 1710 standards; and
WHEREAS, the Staffing for Adequate Fire and Emergency Response Grant (SAFER)
was created to provide funding directly to fire departmentsto help them increase or maintain the
number of trained "front line" firefightersavailable in their communities; and
WHEREAS, the goal of the SAFER grant is to enhance local fire departments' abilities to
comply with staffing, response,and operational standards established by NFPA 1710; and
WHEREAS, the SAFER grant, if awarded and accepted,will provide funding to hire and
train 12 new firefighters to staff a ninth engine company with four firefighters; and
WHEREAS, adding 12 firefighters is projectedto improveNFPA compliance,with 14
firefighters arriving at a fire within 620 seconds by 21%in the eastern parts of the city; and
WHEREAS, the SAFER grant is a cost-sharing grant that covers personnel and direct
benefits witha three-year performance periodwith the Federal cost sharing of$3,027,659 and
the City cost sharing of$1,882,057from the General Fund/Measure A;and
WHEREAS, commitment via Council Resolutionsuch as this oneis required by DHS as
part of the grant application process; and
WHEREAS, support and commitment of the SAFER grant application does not obligate
the City to accept a grant award offer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, thereis commitment and supportofthe Fire Department applicationfor the 2018
Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA)
Staffing for Adequate Fire and Emergency Response (SAFER)grant to hire 12 firefighters.
//
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Presented byApproved as to form by
Jim GeeringGlen R. Googins
Fire ChiefCity Attorney
2019-05-07 Agenda Packet
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May 7, 2019File ID: 19-0215
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND
APPROPRIATING REIMBURSEMENT FUNDS FROM THE CITY OF SAN DIEGO FIRE-RESCUE
DEPARTMENT VIA THE FEDERAL EMERGENCY MANAGEMENT AGENCY’S NATIONAL URBAN
SEARCH AND RESCUE SYSTEM AS A RESULT OFFIRE DEPARTMENT PERSONNEL WHO
RESPONDED TO HURRICANES HARVEY AND IRMA IN 2017, ALLOCATING A PORTION OF SAID
FUNDS FOR STAFF REIMBURSEMENTS AND ALLOCATING THE REMAINDER OF SAID FUNDS
INTO THE VEHICLE REPLACEMENT FUND FOR THE PURCHASE OF FIRE DEPARTMENT MUTUAL
AID RESPONSE UTILITY VEHICLES (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The Fire Department is requesting approval for the acceptance and appropriation of reimbursement funds
totaling $277,698.14from the City of San Diego Fire-Rescue Department via the Federal Emergency
Management Agency’s National Urban Search and Rescue System. The reimbursement funds are owed to
the City due to the Fire Department deploying several personnel to Hurricanes Harvey and Irma in 2017. A
portion of these funds will be allocated for staff reimbursements,with the remainder of the funds being
allocated to the vehicle replacement fund for a pending purchase of several Fire Department mutual aid
response vehicles.
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
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DISCUSSION
The City of Chula Vista’s Fire Department is an active participant with California Task Force 8 (CA-TF8),
which is managed by the City of San Diego Fire-Rescue Department. It is one of twenty-eight taskforces that
make up the Federal Emergency Management Agency’s (FEMA) National Urban Search and Rescue (USAR)
System. FEMA USARtaskforces respond to major national emergencies,such as the World Trade Center
disaster,and all major hurricanesin support of states in need of federal assistance.
The Chula Vista Fire Departmentprovides trained personnel to CA-TF8 during deployments to these
national emergencies. During the 2017 hurricane season, several Fire Department personnel responded
with CA-TF8 to Hurricane Harvey in Texas and Hurricane Irma in Florida for an extended period.
The Memorandum of Agreement (MOA) between the City of San Diego and the City of Chula Vista Fire
Department provides for subsequent reimbursement of expenses after deployment to a national
emergency at the request of FEMA’s National USAR System. The reimbursement process from the federal
government via FEMA to the City of San Diego isroutinely a lengthy process,due the scope ofthe scope and
magnitude of the overall incident costs and federal processing requirements.
The total reimbursement due to the City of Chula Vista for Hurricane Harvey is $117,316.08. The City has
already received 75% ($87,987.06) with the remaining 25% ($29,329.02) invoiced and anticipated to be
received prior to fiscal year 2019/2020 end.
The total reimbursement to the City of Chula Vista for Hurricane Irma is $160,386.55. The City has already
received 75% ($120,286.55) with the remaining 25% ($40,095.32) anticipated to be received prior to fiscal
year 2019/2020 end.
Of the total $277,698.14reimbursementfunds, $25,851.76will be allocated forstaff reimbursementsand
$251,846.38will be allocated for the purchase of several Fire Department mutual aid response vehicles.
The response vehicles will be used by Fire Department personnel deploying to major wildland fires
throughout the local region and state of California. The deployment of Fire Department personnel to major
wildland fire as part of California’s Master Mutual Aid System per the California Fire Assistance Agreement
(CFAA) is an important component of California’s ability to mitigate large scale wildland fires. The Fire
Department’s participation in California’s Master Mutual Aid System provides resources to other local
governments and the state during major wildland fires, which in turn enables Chula Vistaand the San Diego
region to obtain mutual aid assistance during large scale wildland fires that cannot be mitigated by regional
resources,as demonstrated in the 2003 and 2007 firestorms.
Thenewmutual aid response vehicles will enable Fire Departmentpersonnel to safely and effectively
deploy to wildland fires throughout the local region and state. The vehicles will further be used by the Fire
Department within the city to provide the Fire Department with greater operational flexibility and depth
during daily emergency and non-emergency situations.
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.).
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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 anda Connected Community.
The acceptance and appropriation of these funds will provide for a staff reimbursement and the purchase
of several utility vehicles for the Fire Department. The utility vehicles will enable the Fire Department to
have greater operational flexibility and depth in pursuit of strong and secure neighborhoods within the
City. The utility vehicles will further enable the Fire Department to assist other local governments and the
State during major wildland fire mutual aid requests, whichcontinue to occur every year. The Fire
Department’s continued participation in mutual aid requests throughout California via the CFAA and with
FEMA’s USAR System provide Fire Department personnel with emergency response experience and
knowledge that cannot be taught in a classroom. This real incident experience enables Fire Department to
serve the community of Chula Vista with greater confidence and effectiveness in times of major emergency
incidents.
CURRENT-YEAR FISCAL IMPACT
There are no current year fiscal impacts.
ONGOING FISCAL IMPACT
Future year impacts will likely be positive but ultimately will depend on the number of deployments and
utilization of these resources in responses.Specifically, the funds reimbursed to the City for the
deployment of the vehicles will flow into the vehicle replacement fund for the future replacement of these
emergency response vehicles, with any excess funds coming back to the General Fund as determined by the
Director of Finance. Personnel reimbursements and admin fees will be reimbursed to the General Fund
and not be transferred to vehicle replacement fund.
ATTACHMENTS
None
Staff Contact: Jeff Peteror Jim Geering
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING AND APPROPRIATING
REIMBURSEMENT FUNDS FROM THE CITY OF SAN
DIEGO FIRE-RESCUE DEPARTMENT VIA THE FEDERAL
EMERGENCY MANAGEMENT AGENCY’S NATIONAL
URBAN SEARCH AND RESCUE SYSTEM AS A RESULT OF
FIRE DEPARTMENT PERSONNEL WHO RESPONDED TO
HURRICANES HARVEY AND IRMA IN 2017, ALLOCATING
APORTIONOFSAIDFUNDSFORSTAFF
REIMBURSEMENTS AND ALLOCATING THE REMAINDER
OF SAID FUNDS INTO THE VEHICLE REPLACEMENT
FUND FOR THE PURCHASE OF FIRE DEPARTMENT
MUTUAL AID RESPONSE UTILITY VEHICLES
WHEREAS, the Fire Department has total reimbursements due of $277,698.14 fromthe
City of San Diego Fire-Rescue Department via the Federal Emergency Management Agency’s
Urban Search and Rescue System; and
WHEREAS, a total of $208,273.61 had been received to date with a remaining
anticipated amount of $69,424,53 prior to fiscal year 2019/2020 end; and
WHEREAS, reimbursements were made for staff reimbursements for Chula Vista Fire
Department personnel who were deployed with Federal Emergency Management Agency’s
Urban Search and Rescue System California Taskforce 8 to Hurricanes Harvey and Irma in
2017; and
WHEREAS, the funds received from thereimbursement being appropriated for staff
reimbursementsin the amount $25,851.76; and
WHEREAS, the balance of the funds in the amount of $251,846.38being appropriated to
the vehicle replacement fund for the purchase of several fire department mutual aid response
vehicles.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista accepts and appropriates reimbursement funds ($277,698.14)from the City of San Diego
Fire-Rescue Department via the Federal Emergency Management Agency’s Urban Search and
Rescue System as a result of Fire Department personnel who responded to Hurricanes Harvey
and Irma in 2017, allocating a portion of said funds for staff reimbursements($25,851.76) and
allocating the remainder of said funds ($251,846.38) into to the vehicle replacement fund for the
purchase of Fire Department mutual aid response utility vehicles.
//
Presented byApproved as to form by
2019-05-07 Agenda Packet
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James S. GeeringGlen R. Googins
Fire ChiefCity Attorney
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May 7, 2019File ID:19-0221
TITLE
A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INITIATING PROCEEDINGS
FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2019/20 FOR OPEN SPACE
DISTRICTS 1-11, 14, 15, 17, 18, 20, 23, 24, 26, 31, EASTLAKE, AND BAY BOULEVARD OF THE CITY
OF CHULA VISTA PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S
REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A
PUBLIC HEARING REGARDING THE FISCAL YEAR 2019/20 ASSESSMENTS FOR OPEN SPACE
DISTRICTS 2 THROUGH 7, 8, 11, 14, 15, 17, 18, 20 (ZONES 1 THROUGH 6, 8, AND 9), 23, 24, 26, 31,
33, EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONES A, B, D, AND E), AND BAY BOULEVARD
MAINTENANCE DISTRICT
C.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S
REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; ANDSETTING A
PUBLIC HEARING REGARDING THE FISCAL YEAR 2019/20 ASSESSMENTS FOR OPEN SPACE
DISTRICTS 9, 10 AND TOWN CENTRE MAINTENANCE DISTRICT
D.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S
REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A
PUBLIC HEARING REGARDING THE FISCAL YEAR 2019/20 ASSESSMENTS FOR OPEN SPACE
DISTRICT 20 (ZONE 7)
E.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S
REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A
PUBLIC HEARING REGARDING THE FISCAL YEAR 2019/20 ASSESSMENTS FOR OPEN SPACE
DISTRICT 1
F.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER’S
REPORT; DECLARING THE INTENTION TOLEVY AND COLLECT ASSESSMENTS; AND SETTING A
PUBLIC HEARING REGARDING THE FISCAL YEAR 2019/20 ASSESSMENTS FOR OPEN SPACE
DISTRICT EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONE C)
RECOMMENDED ACTION
Council adopt the resolutions.
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SUMMARY
The City administers and maintains 36 Open Space Districts and associated zones that have been
established over the last 30 years. The Open Space Districts provide a financing mechanism to maintain the
public open space areas associated with each specificdevelopment. The City Council’s approval of the levy
is required by the first week of August in order to meet the annual deadline established by the San Diego
County Auditor-Controller. This item represents the initial step in an annual two-step process. Specifically,
it declares the intention to levy and collect assessments, approves the Fiscal Year 2019-20 Engineer’s
Report, and sets the date of the public hearing, which is step two in the annual process. These efforts
provide for the levy of assessments to provide maintenance services, as detailed below and ensures that
the County Auditor-Controller deadlines are met for all of the City’s Open Space Districts and their
associated zones.
ENVIRONMENTAL REVIEW
TheDirector of Development Services hasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA) andhasdeterminedthattheactivityisnota “Project”as
definedunderSection15378oftheStateCEQAGuidelinesbecausethe activity consists of a
governmental fiscal/funding mechanismwhich does not resultinaphysicalchangeintheenvironment;
therefore,pursuanttoSection15060(c)(3)oftheStateCEQAGuidelines,the activityis notsubjectto
CEQA. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Open Space Districts (OSDs) were established in conjunction with each development to ensure a financing
mechanism was available for the funding of perpetual maintenance of common open space areas. The City
levies annual assessments within each OSD to cover the costs of maintenance associated with each OSD
area of maintenance. Once City Council approves the annual assessments, they are sent to the County for
inclusion on the secured property tax bills of each affected parcel.
Each year the City Council must take two actions before levying the annual assessments. Tonight’s item is
the first step and includes Council approval of the Engineer’s Report on Open Space Districts, declarationof
the City's intention to levy the annual assessments, and setting of the date and time for a public hearing.
The second action, scheduled for June 11, 2019, is conduction of the public hearing, consideration of public
testimony, authorization to levy annual assessments and confirmation of the amount to be collected.
Pursuant to California State law and Municipal Code, the City Engineer has prepared and filed the annual
report for all existing OSDs. Exhibit 1 lists the names and locations of the OSDs. The annual report
provides Council the opportunity to review the history of the OSDs. The report includes information
regarding:
The proposed budgets
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Funds remaining in the account
The proposed assessment (based upon prior year assessment plus an inflation factor)
The collectible (the amount needed from each property owner to provide sufficient funds for the
following fiscal year’s maintenance)
Improvements and Services
The facilities and items to be maintained by the Open Space Districts currently consist and will remain, in
general, of the following:
IrrigationFertilization
AerificationPest Control
Insect infestation controlRemoval of weeds, trash and litter
Removal of noxious plant materialTrail maintenance
Public walkway cleaningLow flowand brow channel maintenance
Weed abatementSlopes and Canyons
Pedestrian light maintenanceSignage within trails/canyons
Pruning of trees and shrubsRepair of irrigation equipment
Irrigation equipment upgradesBrush clearance
Encroachment trimsFencing maintenance
Replacement of dead or diseased plant materialRetaining walls
Assessments & Collectibles
The City of Chula Vista Municipal Code makes the distinction between the assessment and the amount that
the City may collect against the assessment (i.e., the collectible). Each year, the prior year’s maximum
assessment amount is adjusted by an inflation factor, pursuant to the Municipal Code. This inflation factor
is based upon the lower of two inflation factors: 1) the San Diego Metropolitan Consumer Price Index (CPI),
and 2) the Governor’s California 4th Quarter per Capita Personal Income Index. In the mid-1990’s (and for
all Open Space Districts established after that date), Council approved the assessments with an inflation
factor. Since that date, Council may annually adjust the assessment by this inflation factor without this
adjustment being construed as an increase, and thus being subject to an OSD balloting, per Proposition 218.
The assessments for FY 2019-20 are proposed at the FY 2018-19 amounts adjusted by the inflation factor
of 3.36% pursuant to the Municipal Code. This index is the lower of the two inflation factors mentioned
above, and represents the percentage change in the San Diego Metropolitan Area All Urban Consumer Price
Index (CPI).
The collectible, is the amount to be actually collected from the property owner and is equal to, or lower
than, the proposed assessment. The collectible is based on the budget, the reserve requirement for
operating and asset replacement activities, prior year’s savings and fund balance, and interest income.
Illustrated in Exhibit 2, are the proposed Assessments and Collectibles for FY 2019-20. The proposed FY
2019-20 Collectibles per EDU are preliminary and will be updated with actual amounts at the public
hearing on June 11, 2019. The current amounts in the table are based upon estimated fund balances and
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EDUs at this time. The Collectibles per EDU are set at the Assessment per EDU to allow for the collection of
up to the maximum amount allowable.
Town Centre LMD: A downtown Property and Business Improvement District (PBID) replaced Town
Centre Landscape Maintenance District (LMD) in 2001. At that time, it was anticipated that theTown
Centre LMD would be dissolved. However, the City determined that there was some potential long-term
exposure for the City based on the remote possibility that the current PBID might not receive sufficient
support for re-approval in the future. If the PBID was not re-approved at some future date, and if the Town
Centre LMD was dissolved, there would no longer be a funding mechanism for downtown landscape
maintenance.
Based on this possibility, the Town Centre LMD remains open as a “contingent” district. This means that
the City will set the maximum assessment amount for the District on an annual basis, even though property
owners will not be billed any sum on the tax roll. Should the PBID not be re-approved, the Town Centre
LMD will be in place to provide the necessary funding mechanism for downtown landscape maintenance.
The current PBID was renewed with the adoption of Council Resolution No. 2016-122, for a period of ten
(10) years. Given this, the Town Centre LMD will remain a “contingent” district.
Standard Notice Process for Annual Levy
Upon approval by City Council, the public hearing will be noticed pursuant to Government Code 6061,
which requires that a notice be published in a newspaper of general circulation at least 10 days before the
public hearing. Tonight’s resolution approves this report and sets the date and time for a public hearing to
consider the levy of assessments and the collection of the funds.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found that potential conflicts exist; in
that members have property holdings within 500 feet of the Open Space Districts listed below by City
Council member. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and
18702.2(a)(8), 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 members identified below:
Mayor Salas: For Open Space District Nos. 9, 10, and Towne Center Maintenance District, which are the
subject of Resolution C of this action.
Council Member McCann: For Open Space District No. 1, which is the subject of Resolution E of this action.
For Open Space District No. 20 (Zone 7), which is the subject of Resolution D of this action.
Council Member Padilla: For Eastlake Maintenance District No. 1 (ELMD #1) Zone C, which is the subject of
Resolution F of this action.
Staff Isnot independently aware, and has not been informed by any City Council member, of any other fact
that constitute a basis for a decision-maker conflict of interest in this matter.
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Staff has reviewed the property holdings of the City Council and has found that potential conflicts exist; in
that members have property holdings within 1,000 feet, but beyond 500 feet of the boundaries of the
property which is the subject of this action. Staff has determined that the decision would change the
parcel’s development potential, income-producing potential, highest and best use, character, and/or
market value. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and
18702.2(a)(8), this item presents a disqualifying real property-related financial conflict of interest under
the Political Reform Act (Cal. Gov’t Code § 87100, est seq.) for the members identified below:
Mayor Salas: For Open Space District No. 20 (Zone 7), which is the subject of Resolution D of this action.
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
For Fiscal Year 2019-20, the full cost of providing landscape maintenance services in the Open Space
Districts totals $3,665,997. All landscape maintenance costs are recovered through the OSD collectibles
and reserves of each Open Space District. Given this, there is no direct impact to the General Fund.
ONGOING FISCAL IMPACT
There are no direct ongoing fiscal impacts to the General Fund.
ATTACHMENTS
Attachment 1 –City of Chula Vista Open Space Districts
Attachment 2 –Historical and Proposed FY2019-20 Assessments/Collectibles
Attachment 3 –Open Space Districts Annual Administration Report
Staff Contact:David Bilby, MSBA, CPFO, Director of Finance/Treasurer
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RESOLUTION NO. 2019-______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
INITIATING PROCEEDINGS FOR THELEVY AND COLLECTION OF
ASSESSMENTS FOR FISCAL YEAR 2019/20FOROPEN SPACE
DISTRICTS 1-11, 14, 15, 17, 18, 20, 23, 24, 26, 31, EASTLAKE, AND
BAY BOULEVARDOF THE CITY OF CHULAVISTAPURSUANT TO
THE LANDSCAPING AND LIGHTING ACT OF 1972
WHEREAS, the City Council has by previous Resolutions formed and levied
annual assessments withinthe Chula Vista Open Space Districts 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, Eastlake, and Bay Boulevard (hereafter
referred to as the “Districts”), pursuant to the provisions of the Landscape and Lighting
Act of 1972, Part 2, Division 15 of the California Streets and Highways Code
(commencing with Section 22500)(hereafter referred to as the “Act”)and the Chula
Vista Municipal Code Chapter 17.07to pay for the maintenance and servicingof all
improvements and facilities related thereto; and
WHEREAS, all District and Zonesof the Open Space Districtare attached hereto
as Attachment A; and
WHEREAS, Section 22622 of the Streets and Highways Code requires the City
Council to adopt a resolution that: (a) generally describes any proposed new
improvements or any substantial changes in existing improvements within the Open
Space Districts; and (b)orders the preparation and filing of an Engineer’s Report
(hereinafter the “Report”) prepared in accordance with Article 4 (commencing with
Section 22565) of the Streets and Highways Code for the assessments which are
proposed to be levied on assessable lots and parcels of land within the Open Space
Districtsfor the 2019-20Fiscal Year; and,
WHEREAS, the City Council has retained Spicer Consulting GroupLLC,for the
purpose of assisting with the Annual Levy of the District, and to prepare and file a report
with the City Clerk in accordance with the Act.
NOW, THEREFORE BE IT RESOLVED,FOUND,DETERMINED, AND
ORDERED BY THE CITY COUNCIL FOR THE CITY OF CHULA VISTAAS
FOLLOWS:
Section 1. Recitals
The Recitals set forth above are true and correct.
Section 2.Annual Levy Report
The City Council hereby orders Spicer Consulting GroupLLC,to prepare and file
with the City Clerk the Engineer’s Annual Levy Report concerning the levyand
collection of assessments for the District for the Fiscal Year commencing July 1, 2019
and ending June 30, 2020in accordance with Article 4 (commencing withSection
22565) of Chapter 1of the Act.
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Section 3.District Improvements
The facilities and items to be maintained by the Open Space Districts currently
consist and will remain, in general, of the following:irrigation, Aerification, Insect
infestation control, removal of noxious plant material, public walkway cleaning, weed
abatement, pedestrian light maintenance, pruning of trees and shrubs, irrigation
equipment upgrades, encroachment trims, replacement of dead or diseased plant
material, fertilization, pest control, removal of weeds, trash and liter, trail maintenance,
low flow and brow channel maintenance, slopes and canyons, signage within
trails/canyons, repair of irrigation equipment, brush clearance, fencing maintenance,
and retaining walls, pursuant to Sections 22565 through 22574 of the Streets and
Highways Code. Services provided include all necessary service, operations,
administration and maintenance required to keep the above-mentionedimprovements in
a healthy, vigorous and satisfactory working condition.
There are no proposed new improvements or substantial changes to existing
improvements within the Open Space Districts.
Section 4.Severability
That the City Council declares that, should any provision, section, paragraph,
sentence or word of this Resolution be rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive legislation, the
remaining provisions, sections,paragraphs, sentences or words of the Resolution as
hereby adopted shall remain in full force and effect.
Section 5.Effective Date
That this Resolution shall take effect upon its adoption.
Section 6.Certification
That the City Clerk shall certify as to the adoption of this Resolution and
shall cause the same to be processed in the manner required by law.
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th
PASSED, APPROVED,AND ADOPTEDthis 7day of May, 2019.
Mary Casillas Salas
Mayor
APPROVED AS TO FORM:ATTEST:
________________________________
Glen GooginsKerry K. Bigelow
City AttorneyCity Clerk
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ATTACHMENT A
Open SpaceDistrictName
El Rancho del Rey
1Units 1-4
2Lark haven
Rancho Robinhood
3Units 1 & 2
4Bonita Ridge
5SouthbayVillas
6Hilltop Vista
7Zenith Units 2, 3, & 4
Rancho Robinhood
8Unit 3
9El Rancho del Rey
El Rancho del Rey 6,
10Casa Del Rey
11Hidden Vista Village
14Bonita Long Canyon
15Bonita Haciendas
17Bel Air Ridge
18Rancho del Sur
20 Zone 1Desilting Basin
20 Zone 2Rice Canyon
20 Zone 3H Street
20 Zone 4Business Center
20 Zone 5SPA I
20 Zone 6SPA II
20 Zone 7SPA III
20 Zone 8N Desilting Basin
Telegraph Canyon
20 Zone 9Channel
Otay Rio
23Business Park
24Canyon View Homes
26Park Bonita
Telegraph
31Canyon Estates
Broadway Business
33Home Village
Eastlake Maintenance
-District No. 1 Zone A
Eastlake Maintenance
-District No. 1 Zone B
Eastlake Maintenance
-District No. 1 Zone C
Eastlake Maintenance
-District No. 1 Zone D
Eastlake Maintenance
-District No. 1 Zone E
Bay Blvd
-Maintenance District
Town Center
-Maintenance District
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RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER’S REPORT,
DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING A PUBLIC HEARING
REGARDING THE FISCAL YEAR 2019/20ASSESSMENTS
FOR OPEN SPACE DISTRICTS 2 THROUGH 7, 8, 11, 14, 15,
17,18, 20 (ZONES 1 THROUGH 6, 8 AND 9), 23, 24, 26, 31, 33,
EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONES A, B,
D, AND E), AND BAY BOULEVARD MAINTENANCE
DISTRICT
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California
Streets and Highways Code, also known as “Landscaping and Lighting Act of 1972” and Chula
Vista Municipal Code Chapter 17.07, Spicer Consulting Group, LLC, hasprepared and filed, on
behalf of and under the direction of the City Engineer, the annual report (Engineer’s Report) for
all existing Open Space Maintenance Districts in the City of Chula Vista (City); and
WHEREAS, the Engineer’s Report is presented to the Council for approval in order to
proceed with the public hearing set for June11, 2019, in accordance with the Landscaping and
Lighting Act of 1972. The Report covers Open Space Districts 2 through 7, 8, 11, 14, 15, 17, 18,
20(Zones 1 through 6, 8 and9), 23, 24, 26, 31,33, Eastlake Maintenance District No 1 (Zones
A, B, D, and E), and Bay Boulevard Maintenance District;and
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Resolution No. 2019_________
Page 2
WHEREAS, the proposed assessments for Fiscal Year 2019-20areas follows:
Assessment per EDUCollectible per EDU
Projected
(5)
Open Space District or ZoneFY 18-19Proposed FY 19-20FY 18-19Proposed FY 19-20Variance ($)Variance (%)Revenue
2$62.31$64.40$62.31$64.40$2.093.36%$15,971.20
3$426.64$440.98$426.65$440.98$14.343.36%$56,004.46
4$450.62$465.76$450.63$465.77$15.143.36%$96,878.08
5$439.43$454.18$439.43$454.20$14.763.36%$55,409.96
6$217.32$224.62$217.32$224.62$7.303.36%$36,388.44
7$151.79$156.88$151.80$156.90$5.103.36%$15,688.00
8$693.51$716.81$693.51$716.82$23.303.36%$78,848.00
11$134.22$138.73$134.22$138.73$4.513.36%$183,267.88
14$431.44$445.94$431.45$445.94$14.503.36%$384,400.28
15$413.93$427.84$413.94$427.84$13.913.36%$24,386.88
17$198.13$204.78$198.14$204.80$6.663.36%$9,419.88
18$430.00$430.00$468.20$483.93$15.733.36%$187,480.00
20
Zone 1 -Desilting basin$72.34$74.77$72.34$74.77$2.433.36%$65,953.87
Zone 2 -Rice Canyon$5.48$5.66$5.48$5.66$0.183.36%$22,409.07
Zone 3 -H Street$7.81$8.08$7.82$8.08$0.263.36%$49,678.85
Zone 4 -Business Center$60.15$62.18$60.16$62.18$2.023.36%$161,820.60
Zone 5 -SPA I$439.67$454.45$439.68$454.45$14.773.36%$815,737.75
Zone 6 -SPA II$337.82$349.17$337.82$349.17$11.353.36%$200,144.24
Zone 8 -N Desilting Basin$48.06$49.68$48.06$49.68$1.613.36%$5,902.91
Zone 9 -Tel Cyn Channel$38.16$39.45$38.17$39.45$1.283.36%$1,972.77
23$460.00$460.00$535.32$553.31$17.993.36%$52,890.80
24$802.19$829.14$802.19$829.14$26.953.36%$33,165.60
26$629.59$650.74$629.60$650.75$21.153.36%$12,364.06
31$580.00$580.00$650.37$672.23$21.853.36%$199,520.00
33 (1)$0.00$0.00$1,589.50$1,642.90$53.413.36%$0.00
ELMD 1
(2)
Otay Lakes Rd
Zone A -Eastlake I$14.86$15.36$14.86$15.36$0.503.36%$133,648.95
Zone B -Eastlake Greens$24.35$25.17$24.35$25.17$0.823.36%$84,982.73
Zone D -Salt Creek I$268.94$277.99$268.95$277.99$9.043.36%$117,810.25
(3)
Zone E -Tel Cyn Channel $20.00$20.00$38.34$39.63$1.293.36%$13,360.60
(4)
Bay Boulevard $1,995.30$1,995.30$3,469.75$3,586.33$116.583.36%$12,749.97
Total Projected Revenues$3,128,256.08
(1)
OSD 33 was formed several years ago in anticipation of development. The project has not progressed and consequently there is no maintenance.
(2)
Zones A -D Share in the cost of Otay Lakes Road medians and off-site parkways. Collectible and projected revenue for Otay Lakes Road are reflected in collectible and projected
revenue for Zones A -D.
(3)
Portions of Eastlake I and Eastlake Greens are in this benefit Area.
(4)
Bay Boulevard rates are based on acres.
(5)
The Projected Revenue are preliminary figures based upon the prior year's EDU assignments and the Maximum Rates for Fiscal Year 2019-20.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves this Engineer’s Report for City Open Space Districts 2 through 7, 8, 11,
14, 15, 17, 18, 20 (Zones 1 through 6, 8 and 9), 23, 24, 26, 31 33, Eastlake Maintenance District
No 1 (Zones A, B, D, and E), and Bay Boulevard Maintenance District,in the form presented,
with such minor 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 CityClerk.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista declares
its intention to levy and collect the assessments for City Open Space Districts 2 through 7, 8, 11,
14, 15, 17, 18, 20 (Zones 1 through 6, 8 and 9), 23, 24, 26, 31 33, Eastlake Maintenance District
No 1 (Zones A, B, D, and E), and Bay Boulevard Maintenance District,as identified in the
Engineer’s Report, for the Fiscal Year2019-20.
2019-05-07 Agenda Packet
Page 778 of 1025
Resolution No. 2019_________
Page 3
BE IT FURTHER RESOLVED that the City Council sets June11, 2019,at 5:00 p.m.in
the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as
the date and time for the public hearing on the assessments.
Presented by:Approved as to form by:
DavidBilby, MSBA, CPFOGlen R. Googins
Director of Finance/TreasurerCity Attorney
2019-05-07 Agenda Packet
Page 779 of 1025
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER’S REPORT,
DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING A PUBLIC HEARING
REGARDING THE FISCAL YEAR 2019/20ASSESSMENTS
FOR OPEN SPACE DISTRICTS 9, 10 AND TOWN CENTRE
MAINTENANCE DISTRICT
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California
Streets and Highways Code, also known as “Landscaping and Lighting Act of 1972” and Chula
Vista Municipal Code Chapter 17.07, Spicer Consulting Group, LLC, has prepared and filed, on
behalf of and under the direction of the City Engineer, the annual report (Engineer’s Report) for
all existing Open Space Maintenance Districts in the City of ChulaVista (City); and
WHEREAS, the Engineer’s Report is presented to the Council for approval in order to
proceed with the public hearing set for June11, 2019,in accordance with the Landscaping and
Lighting Act of 1972. The Report covers Open Space Districts 9, 10 and Town Centre
Maintenance District; and
WHEREAS, the proposed assessments for Fiscal Year 2019-20are as follows:
Assessment per EDUCollectible per EDU
Projected
(2)
Open Space District or ZoneFY 18-19Proposed FY 19-20FY 18-19Proposed FY 19-20Variance ($)Variance (%)Revenue
9$196.54$203.14$196.54$203.15$6.603.36%$78,208.90
10$132.62$137.08$132.63$137.08$4.463.36%$90,029.70
(1)
Town Centre $0.00$0.00$0.12$0.13$0.00$0.00
Total Projected Revenues$168,238.60
(1)
Town Centre rates have been based on parcel square footage since FY 2001-02. However, a Downtown PBID replaced this District in 2001, but the City determined that there was
some potential long-term exposure for the City based on the remote potential that the current PBID might not receive sufficient support for renewal processes.
(2)
The Projected Revenue are preliminary figures based upon the prior year's EDU assignments and the Maximum Rates for Fiscal Year 2019-20.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves this Engineer’s Report for City Open Space Districts 9, 10 and Town
Centre Maintenance District, in the formpresented, with such minor 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 CityClerk.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista declares
its intention to levy and collect the assessments for City Open Space Districts 9, 10 and Town
Centre Maintenance District, as identified in the Engineer’s Report, for the Fiscal Year 2019-20.
BE IT FURTHER RESOLVED that the City Council sets June11, 2019, at 5:00 p.m. in
the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as
the date and time for the public hearing on the assessments.
2019-05-07 Agenda Packet
Page 780 of 1025
ResolutionNo.2019-
Page2
Presented by:Approved as to form by:
David Bilby, MSBA, CPFOGlen R. Googins
Director of Finance/TreasurerCityAttorney
2019-05-07 Agenda Packet
Page 781 of 1025
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER’S REPORT,
DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING A PUBLIC HEARING
REGARDING THE FISCAL YEAR 2019/20ASSESSMENTS
FOR OPEN SPACE DISTRICT 20 (ZONE 7)
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California
Streets and Highways Code, also known as “Landscaping and Lighting Act of 1972” and Chula
Vista Municipal Code Chapter 17.07, Spicer ConsultingGroup, LLC, has prepared and filed, on
behalf of and under the direction of the City Engineer, the annual report (Engineer’s Report) for
all existing Open Space Maintenance Districts in the City of Chula Vista (City); and
WHEREAS, the Engineer’s Report is presented to the Council for approval in order to
proceed with the public hearing set for June 11, 2019, inaccordance with the Landscaping and
Lighting Act of 1972. The Report covers Open Space District 20 (Zone 7);and
WHEREAS, the proposed assessments for Fiscal Year 2019-20areas follows:
Assessment per EDUCollectible per EDU
ProposedProposedProjected
(1)
Open Space District or ZoneFY 18-19FY 19-20FY 18-19FY 19-20Variance ($)Variance (%)Revenue
OSD 20 Zone 7 -SPA III$208.52$215.53$208.52$215.53$7.013.36%$251,908.75
Total Projected Revenues$251,908.75
(1)
The Projected Revenue are preliminary figures based upon the prior year's EDU assignments and the Maximum Rates for Fiscal Year 2019-20.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves this Engineer’s Report for City Open Space District 20 (Zone 7),in the
form presented, with such minor 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 CityClerk.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista declares
its intention to levy and collect the assessments for City Open Space Districts 20 (Zone 7),as
identified in the Engineer’s Report, for the Fiscal Year 2019-20.
BE IT FURTHER RESOLVED that the City Council sets June 11, 2019,at5:00 p.m. in
the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as
the date and time for the public hearing on the assessments.
2019-05-07 Agenda Packet
Page 782 of 1025
ResolutionNo.2019-
Page2
Presented by:Approved as to form by:
David Bilby, MSBA, CPFOGlen R. Googins
Director of Finance/TreasurerCity Attorney
2019-05-07 Agenda Packet
Page 783 of 1025
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER’S REPORT,
DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING A PUBLIC HEARING
REGARDING THE FISCAL YEAR 2019/20ASSESSMENTS
FOR OPEN SPACE DISTRICT 1
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California
Streets and Highways Code, also known as “Landscaping and Lighting Act of 1972” and Chula
Vista Municipal Code Chapter 17.07, Spicer Consulting Group,LLC, has prepared and filed, on
behalf of and under the direction of the City Engineer, the annual report (Engineer’s Report) for
all existing Open Space Maintenance Districts in the City of Chula Vista (City); and
WHEREAS, the Engineer’s Report is presented to the Council for approval in order to
proceed with the public hearing set for June 11, 2019,in accordance with the Landscaping and
Lighting Act of 1972. The Report covers Open Space District 1; and
WHEREAS, the proposed assessments for Fiscal Year2019-20areas follows:
Assessment per EDUCollectible per EDU
ProposedProposed
(1)
Open Space District or ZoneFY 18-19FY 19-20FY 18-19FY 19-20Variance ($)Variance (%)Projected Revenue
1$134.32$138.84$134.33$138.84$4.513.36%$90,966.89
Total Projected Revenues$90,966.89
(1)
The Projected Revenue are preliminary figures based upon the prior year's EDU assignments and the Maximum Rates for Fiscal Year 2019-20.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves this Engineer’s Report for City Open Space District 1, inthe form
presented, with such minor 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 CityClerk.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista declares
its intention to levy and collect the assessments for City Open Space Districts 1,as identified in
the Engineer’s Report, for the Fiscal Year 2019-20.
BE IT FURTHER RESOLVED that the City Council sets June 11, 2019, at 5:00 p.m. in
the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as
the date and time for the public hearing on the assessments.
2019-05-07 Agenda Packet
Page 784 of 1025
ResolutionNo.2019-
Page2
Presented by:Approved as to form by:
David Bilby, MSBA, CPFOGlen R. Googins
Director of Finance/TreasurerCity Attorney
2019-05-07 Agenda Packet
Page 785 of 1025
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER’S REPORT,
DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING A PUBLIC HEARING
REGARDING THE FISCAL YEAR 2019/20ASSESSMENTS
FOR OPEN SPACE DISTRICT EASTLAKE MAINTENANCE
DISTRICT NO 1 (ZONE C)
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California
Streets and Highways Code, also known as “Landscaping and Lighting Act of 1972” and Chula
Vista Municipal Code Chapter 17.07, Spicer Consulting Group, LLC, has prepared and filed, on
behalf of and under the direction of the City Engineer, the annual report (Engineer’s Report) for
all existing Open Space Maintenance Districts in the City of Chula Vista (City); and
WHEREAS, the Engineer’s Report is presented to the Council for approval in order to
proceed with the public hearing set for June 11, 2019, inaccordance with the Landscaping and
Lighting Act of 1972. The Report covers Eastlake Maintenance District No 1 (Zone C);and
WHEREAS, the proposed assessments for Fiscal Year 2019-20areas follows:
Assessment per EDUCollectible per EDU
ProposedProposedProjected
(1)
Open Space District or ZoneFY 18-19FY 19-20FY 18-19FY 19-20Variance ($)Variance (%)Revenue
ELMD No. 1 Zone C -Otay
Training Ctr$2.84$2.84$201.65$208.43$6.783.36%$26,626.79
Total Projected Revenues$26,626.79
(1)
The Projected Revenue are preliminary figures based upon the prior year's EDU assignments and the Maximum Rates for Fiscal Year 2019-20.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves this Engineer’s Report for Eastlake Maintenance District No 1 (Zone C),
in the form presented, with such minor 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 CityClerk.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista declares
its intention to levy and collect the assessments for Eastlake Maintenance District No 1 (Zone C),
as identified in the Engineer’s Report, for the Fiscal Year 2019-20.
BE IT FURTHER RESOLVED that the City Council sets June 11, 2019,at 5:00 p.m.in
the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, Californiaas
the date and time for the public hearing on the assessments.
2019-05-07 Agenda Packet
Page 786 of 1025
ResolutionNo.2019-
Page2
Presented by:Approved as to form by:
David Bilby, MSBA, CPFOGlen R. Googins
Director of Finance/TreasurerCity Attorney
2019-05-07 Agenda Packet
Page 787 of 1025
2019-05-07 Agenda Packet
Page 788 of 1025
2019-05-07 Agenda Packet
Page 789 of 1025
May 7, 2019File ID: 19-0246
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF
APPLICATIONS FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF CHULA VISTA IS ELIGIBLE AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS AND
IMPLEMENT PROJECTS FUNDED BY CALRECYCLE GRANTS, FOR A PERIOD OF FIVE (5) YEARS
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
Public Resources Code sections 4800 et seq.authorize the Department of Resources Recycling and
Recovery (CalRecycle) to administer various Grant Programs (grants) in furtherance of the state of
California’s (State) efforts to reduce, reuse, and recycle solid waste generated in the State thereby
preserving landfill capacity and protecting public health and safety and the environment. CalRecycle allows
jurisdictions to gain approval from their councils to apply for all CalRecycle Grants for which the city is
eligible rather than requiring separate authorization for each CalRecycle Grant Program. Staff is seeking
Council authorization for the City Manager or Designee to apply for and execute documents necessary to
implement projects funded by CalRecycle grants, for a period of five (5) years from the date Council
approves the resolution.
Staff will be applying for Cycle 33 of CalRecycle’s Household Hazardous Waste Grant Program which funds
the cost of actions related to the proper disposal of household hazardous wastes such as paint, batteries,
fluorescent bulbs, household cleaners, etc. This grant cycle has been designed for smaller projects that
complement existing and/or regional household hazardous waste programs in California. Grant funds will
be appliedto the creation of a new Household Hazardous Waste Reuse Program and “Reuse Store” at the
city’s existing household hazardous waste facility.
ENVIRONMENTAL REVIEW
The proposed activity has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the
state CEQA Guidelines because it will not result in a physical change in the environment; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no
environmental review is required.
v.001 Page|1
2019-05-07 Agenda Packet
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
Public Resources Code sections 4800 et seq.authorize the Department of Resources Recycling and
Recovery (CalRecycle) to administer various Grant Programs (grants) in furtherance of the state of
California’s (State) efforts to reduce, reuse, and recycle solid waste generated in the State thereby
preserving landfill capacity and protecting public health and safety and the environment. CalRecycle allows
jurisdictions to gain approval from their councils to apply for all CalRecycle Grants for which the city is
eligible rather than requiring separate authorization for each CalRecycle Grant Program. Staff is seeking
Council authorization for the City Manager or Designee to execute all grant documents necessary to secure
CalRecycle grant funds and implement those funds for a period of five (5) years from the date of Council
approval.
With this authorization, staff will be applying for Cycle 33 ofCalRecycle’s Household Hazardous Waste
Grant Program which provides funding for smaller projects that complement existing household hazardous
waste programs in California. Funds will be used to implement a new Household Hazardous Waste Reuse
Program (Reuse Program) at the city’s existing household hazardous waste facility. The Reuse Program will
accept minimally used household hazardous waste items such as paint and household cleaners dropped off
by residents who are no longer using the items and place them into the program for other residents to take
and reuse at no charge. The Reuse Program will provide residents with a convenient way to give said items
a second chance for use before being recycled. Giving additional life to these products will also help the City
avoid disposal costs that would have otherwise been incurred to properly manage these household
hazardous wastes.
Additionally, with these grant funds, staff will convert a storage shed currently located at the city’s
household hazardous waste facility and transform it into a “reuse store.” The reuse store will be designed
and painted to replicate a storefront; it will be an aesthetically pleasing addition to the household
hazardous waste facility. The reuse store will advertise the Reuse Program in a fun, colorful way on the
outside while securely housing all donated household hazardous waste items within.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under 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
There will be no direct fiscal impact to the General Fund. All grant relatedactivities are funded through the
Environmental Services Fund and the state of California, Department of Resources Recycling and Recovery.
ONGOING FISCAL IMPACT
There will be no ongoing fiscal impact to the General Fund. All grant related activities are funded through
the Environmental Services Fund and the state of California, Department of Resources Recycling and
Recovery.
Page|2
2019-05-07 Agenda Packet
Page 791 of 1025
ATTACHMENTS
1.CalRecycleCompetitive Household Hazardous Waste Grant Program Terms and Conditions
2.HD Cycle 33 Fiscal Year 2019–20Grant Application
Staff Contact:Manuel Medrano, Environmental Services Manager
Page|3
2019-05-07 Agenda Packet
Page 792 of 1025
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULAVISTAAUTHORIZINGSUBMITTALOF
APPLICATIONS FOR ALL CALRECYCLE GRANTS FOR
WHICH THE CITY IS ELIGIBLE AND AUTHORIZING THE
CITY MANAGER OR DESIGNEE TO EXECUTE ALL GRANT
DOCUMENTS AND IMPLEMENT PROJECTS FUNDED BY
CALRECYCLE GRANTS, FOR A PERIOD OF FIVE (5)
YEARS
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of
Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants)
in furtherance of the State of California’s (state) efforts to reduce, recycle, and reuse solid waste
generated in the state thereby preserving landfill capacity and protecting public health and safety
and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish
procedures governing the application, awarding, and management of the grants;and
WHEREAS, CalRecycle grant application procedures require, among other things, an
applicant’s governing body to declare by resolution certain authorizations related to the
administration of CalRecycle grants.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it authorizes the submittal of application(s) to CalRecycle for all grants for whichthe
City of Chula Vista is eligible; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the
City Manager or his/her designee is hereby authorized and empowered to execute in the name of
the City of Chula Vista all grant documents, including but not limited to, applications,
agreements, amendments, and requests for payment, necessary to secure grant funds,and
implement the approved grant project; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that these
authorizations are effective for five (5) years from the adoption of this resolution.
Presented byApproved as to form by
\[Eric Crockett\]Glen R. Googins
\[Economic Development Director\]City Attorney
2019-05-07 Agenda Packet
Page 793 of 1025
EXHIBIT A
TERMS AND CONDITIONS
Household Hazardous Waste Grant Program
Fiscal Year 2019–20
The following terms used in this Grant Agreement (Agreement) have the meanings given to
them below, unless thecontext clearly indicates otherwise:
"CalRecycle" means the Department of Resources Recycling and Recovery.
"Director" means the Director of CalRecycle or his or her designee.
"Grant Agreement" and "Agreement" means all documents comprising the agreement
between CalRecycle and the Grantee for this Grant.
"Grant Manager" means CalRecycle staff person responsible for monitoring the grant.
"Grantee" means the recipient of funds pursuant to this Agreement.
"Program" means the Household Hazardous WasteGrant Program.
"State" means the State of California, including, but not limited to, CalRecycle and/or its
designated officer.
AIR OR WATER POLLUTION VIOLATION
The grantee shall not be:
(a)In violation of any order or resolution not subject to review promulgated by the State Air
Resources Board or an air pollution control district.
(b)Out ofcompliance with anyfinal cease and desist order issuedpursuant to Water Code
Section13301 for violation of waste discharge requirements or discharge prohibitions.
(c)Finally determined to be in violation of provisions of federal law relatingto air or water
pollution.
AMENDMENT
No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties, and approved as required. No oral understanding or
agreement not incorporated into this Agreement is binding on any of the parties. This
Agreement may be amended, modified or augmented by mutual consent of the parties,
subject to the requirements and restrictions of this paragraph.
AMERICANS WITH DISABILITIES ACT
The grantee assures the statethat it complies with the Americans with Disabilities Act of
1990(ADA)(42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
ASSIGNMENT, SUCCESSORS,AND ASSIGNS
(a)This Agreement may not be assigned by the grantee, either in whole or in part, without
CalRecycle’s prior written consent.
(b)The provisions of this Agreement shall be binding upon and inure to the benefit of
CalRecycle, the grantee, and their respective successors and assigns.
AUDIT/RECORDS ACCESS
The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State Audits,
or their designated representative(s) shall have the right to review and to copy any records
CalRecycle’sCompetitive Grant Terms and Conditions –Revised 3/29/20161
2019-05-07 Agenda Packet
Page 794 of 1025
and supporting documentation pertaining to the performance of this Agreement. The grantee
agrees to maintain such records for possible audit for a minimum of three (3) years after final
payment date or grant term end date, whichever is later, unless a longer period of records
retention is stipulated, or until completion of any action andresolution of all issues which may
arise as a result of any litigation, dispute, or audit, whichever is later. The grantee agrees to
allow the designated representative(s) access to such records during normal business hours
and to allow interviews of anyemployees who might reasonably have information related to
such records. Further, the grantee agrees to include a similar right of the State to audit
records and interview staff in any contract or subcontract related to performance of this
Agreement.
\[It may behelpful to share the Terms and Conditions and Procedures and Requirements with
your finance department, contractors and subcontractors. Examples of audit documentation
include, but are not limited to: expenditure ledger, payroll register entriesand time sheets,
personnel expenditure summary form, travel expense log, paid warrants, contracts, change
orders, invoices, and/or cancelled checks.\]
AUTHORIZED REPRESENTATIVE
The grantee shall continuously maintain a representative vested with signatureauthority
authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all
times, keep the Grant Manager informed as to the identity and contact information of the
authorized representative.
AVAILABILITY OF FUNDS
CalRecycle'sobligations under this Agreement are contingent upon and subject to the
availability of funds appropriated for this grant.
BANKRUPTCY/DECLARATION OF FISCAL EMERGENCY NOTIFICATION
If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code(11U.S.C.
§901 et seq.)or declares a fiscal emergency at any time during the Grant Term, the grantee
shall notify CalRecycle within 15 days of such filing or declaration, pursuant to the procedures
set forth in the section entitled “Communications” herein.
CHARTER CITIES
If the grantee is a charter city, a joint powers authority that includes one or more charter
cities, or the regional lead for a regional program containing one or more charter cities, the
grantee shall not receive any grant funding if such funding is prohibited by Labor Code
section1782. If it is determined that Labor Code section1782 prohibits funding for the grant
project, this Agreement will be terminated and any disbursed grant funds shall be returned to
CalRecycle.
CHILD SUPPORT COMPLIANCE ACT
For any agreement in excess of $100,000,the grantee acknowledges that:
(a)The grantee recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to childand family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Family CodeSection5200 et seq.; and
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(b)The grantee, to the best of its knowledge, is fully complying with the earnings assignment
orders of all employees, and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
COMMUNICATIONS
All communications from the grantee to CalRecycle shall be directed to the Grant Manager.
All notices, including reports and payment requests, required by this Agreementshall be
given in writing by email, letter, or fax to the Grant Manager as identified in the Procedures
and Requirements(Exhibit B).If an original document is required, prepaid mail or personal
delivery to the Grant Manager is required following the email or fax.
COMPLIANCE
The grantee shall comply fully with all applicable federal, state, and local laws, ordinances,
regulations, and permits. The grantee shall provide evidence, upon request, that all local,
state, and/or federal permits, licenses, registrations, and approvals have been secured for the
purposes for which grant funds are to be expended.The grantee shall maintain compliance
with such requirements throughout the Grant Term. The grantee shall ensure that the
requirements of the California Environmental Quality Act are met for any approvals or other
requirements necessary to carry out the terms of this Agreement.The grantee shall ensure
that all of grantee’s contractors and subcontractors have all local, state, and/or federal
permits, licenses, registrations, certifications, and approvals required to perform the work for
which they are hired.Any deviation from the requirements of this section shall result in non-
payment of grant funds.
CONFLICT OF INTEREST
The grantee needs to be aware of the following provisions regarding current or former state
employees. If the grantee has any questions on the status of any person rendering services
or involved with this Agreement, CalRecycle must be contacted immediately for clarification.
Current State Employees (Pub.Contract Code,§ 10410):
(a)No officer or employee shall engage in any employment, activity, or enterprise from which
the officer or employee receives compensation or has a financial interest and which is
sponsored or funded by any state agency, unless the employment, activity, or enterprise
is required as a condition of regular state employment.
(b)No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code,§ 10411):
(a)For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
(b)For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the twelve month period prior to his or her leaving
state service.
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If the grantee violates any provisions of above paragraphs, such action by the grantee shall
render this Agreement void. (Pub.Contract Code,§ 10420).
CONTRACTORS/SUBCONTRACTORS
The grantee will be entitled to make use of its own staff and such contractors and
subcontractors as are mutually acceptable to the grantee and CalRecycle. Any change in
contractors or subcontractors must be mutually acceptable to the parties. Immediately upon
termination of any such contract or subcontract, the grantee shall notify the Grant Manager.
Nothing contained in this Agreement or otherwise, shall create any contractual relation
between CalRecycle and any contractors or subcontractors of grantee, and no agreement
with contractors or subcontractors shall relieve the grantee of its responsibilities and
obligations hereunder. The grantee agrees to be as fully responsible to CalRecycle for the
acts and omissions of its contractors and subcontractors and of persons either directly or
indirectly employed by any of them as it is for the acts and omissions of persons directly
employed by the grantee. The grantee's obligation to pay its contractors and subcontractors
is an independent obligation from CalRecycle’s obligation to make payments to the grantee.
As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any
moneys to any contractor or subcontractor.
COPYRIGHTS
Grantee retains title to any copyrights or copyrightable material produced pursuant to this
Agreement.Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable,
world-wide license to reproduce, translate, and distribute copies of anyand all copyrightable
materials produced pursuant this Agreement, for nonprofit, non-commercial purposes, and to
have or permit others to do so on CalRecycle’s behalf. Granteeis responsible for obtaining
any necessary licenses, permissions, releases or authorizations to use text, images, or other
materials owned, copyrighted, or trademarked by third parties and for extending such
licenses, permissions, releases, or authorizations to CalRecycle pursuant to this section.
CORPORATION QUALIFIEDTO DOBUSINESS IN CALIFORNIA
When work under this Agreement is to be performed in California by a corporation, the
corporation shall be in good standing and currently qualified to do business in the State.
"Doing business" is defined in Revenue and Taxation Code Section23101 as actively
engaging in any transaction for the purpose of financial or pecuniary gain or profit.
DISCHARGE OF GRANT OBLIGATIONS
The grantee's obligations under this Agreement shall be deemed discharged only upon
acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the grantee’s
Board of Directors shall accept and certify as accurate the final report priorto its submission
to CalRecycle.
DISCLAIMER OF WARRANTY
CalRecycle makes no warranties, express or implied, including without limitation, the implied
warranties of merchantability and fitness for a particular purpose, regarding the materials,
equipment, services or products purchased, used, obtained and/or produced with funds
awarded under this Agreement, whether such materials, equipment, services or products are
purchased, used, obtained and/or produced alone or in combination with other materials,
equipment, services or products. No CalRecycle employees or agents have any right or
authority to make any other representation, warranty or promise with respect to any
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materials, equipment, services or products, purchased, used, obtained, or produced with
grant funds. In no event shall CalRecycle be liable for special, incidental or consequential
damages arising from the use, sale or distribution of any materials, equipment, services or
products purchased or produced with grant funds awarded under this Agreement.
DISCRETIONARY TERMINATION
The Director shall have the right to terminate this Agreement at his or her sole discretion at
any time upon 30days written notice to the grantee. Within 45days of receipt of written
notice, grantee is required to:
(a)Submit a final written report describing allwork performed by the grantee.
(b)Submit an accounting of all grant funds expended up to and including the date of
termination.
(c)Reimburse CalRecycle for any unspent funds.
DISPUTES
In the event of a dispute regarding performance under this Agreement or interpretation of
requirements contained therein, the grantee may, in addition to any other remedies that may
be available, provide written notice of the particulars of such dispute to the Branch Chief of
Financial Resources Management Branch, Department of Resources Recycling and
Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written notice must contain the
grant number.
Unless otherwise instructed by the Grant Manager, the grantee shall continue with its
responsibilities under this Agreement during any dispute.
DRUG-FREE WORKPLACE CERTIFICATION
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury
under the laws of California, that the grantee will comply with the requirements of the Drug-
Free Workplace Act of 1990 (Gov. Code,§ 8350 et seq.) and will provide a drug-free
workplace by taking the following actions:
(a)Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions that will be taken against employees for violations.
(b)Establish a drug-free awareness program to inform employees about all of the following:
(1)The dangers of drug abuse in the workplace.
(2)The grantee's policy of maintaining a drug-free workplace.
(3)Any available counseling, rehabilitation, and employee assistance programs.
(4)Penalties that may be imposed upon employees for drug abuse violations.
(c)Require that each employee who works on the grant:
(1)Receive a copy of the drug-free policy statement of the grantee.
(2)Agrees to abide by the terms of such statement as a condition of employment on the
grant.
Failure to comply with these requirements may result in suspension of payments under the
Agreement or termination of the Agreement or both and grantee may be ineligible for award
of any future stateagreements if CalRecycle determines that the grantee has made a false
certification, or violated the certification by failing to carry out the requirements as noted
above.
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EFFECTIVENESS OF AGREEMENT
This Agreement is of no force or effect until signed by both parties.
ENTIRE AGREEMENT
This Agreement supersedes all prior agreements, oral or written, made with respect to the
subject hereof and, together with all attachments hereto, contains the entire agreement of the
parties.
ENVIRONMENTAL JUSTICE
In the performance of this Agreement, the grantee shall conduct its programs, policies, and
activities that substantially affect human health or the environment in a manner that ensures
the fair treatment of people of all races, cultures, and income levels, including minority
populations and low-income populations of the state.
EXPATRIATE CORPORATIONS
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury
under the laws of California, that the grantee is not an expatriate corporation or subsidiary of
an expatriate corporation within the meaning of Public Contract Code Sections10286 and
10286.1, and is eligible to contract with the State of California.
FAILURE TO PERFORM AS REQUIRED BY THIS AGREEMENT
CalRecycle will benefit from the grantee's full compliance with the terms of this Agreement
only by the grantee's:
(a)Investigation and/or application of technologies, processes, and devices which support
reduction, reuse,and/or recycling of wastes.
(b)Cleanup of the environment.
(c)Enforcement of solid waste statutes and regulations, as applicable.
Therefore, the grantee shall be in compliance with this Agreement only if the work it performs
results in:
(a)Application of information, a process, usable data ora product which can be used to aid in
reduction, reuse, and/or recycling of waste.
(b)Thecleanup of the environment.
(c)The enforcement of solid waste statutes and regulations, as applicable.
If the Grant Manager determines that the grantee has not complied with the Grant
Agreement, the grantee may forfeit the right to reimbursement of any grant funds not already
paid by CalRecycle, including, but not limited to, the 10percent withhold.
FORCE MAJEURE
Neither CalRecycle nor the grantee, its contractors, vendors, or subcontractors, if any, shall
be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the
extent that such delay, default, or nonperformance is caused by an act of God, weather,
accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other
contingencies unforeseen by CalRecycle or the grantee, its contractors, vendors, or
subcontractors, and beyond the reasonable control of such party.
FORFEIT OF GRANT FUNDS/REPAYMENT OF FUNDS IMPROPERLY EXPENDED
If grant funds are not expended, or have not been expended, in accordance with this
Agreement, or if real or personal property acquired with grant funds is not being used, or has
not been used, for grant purposes in accordance with this Agreement, the Director, at his or
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her sole discretion, may take appropriate action under this Agreement, at law or in equity,
including requiring the grantee to forfeit the unexpended portion of the grant funds, including,
but not limited to, the 10percentwithhold, and/or to repay to CalRecycle any funds
improperly expended.
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES
The grantee is required to use GenerallyAccepted Accounting Principles in documenting all
grant expenditures.
GRANT MANAGER
The Grant Manager’s responsibilities include monitoring grant progress, and reviewing and
approving Grant Payment Requests and other documents delivered to CalRecycle pursuant
to this Agreement. The Grant Manager may monitor grantee performance to ensure that the
grantee expends grant funds appropriately and in a manner consistent with the terms and
conditions contained herein. The Grant Manager does not have the authority to approve any
deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and
Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and
Requirements (Exhibit B).
GRANTEE ACCOUNTABILITY
The grantee is ultimately responsible and accountable for the manner in which the grant
funds areutilized and accounted for and the way the grant is administered, even if the
grantee has contracted with another organization, public or private, to administer or operate
its grant program. In the event an audit should determine that grant funds are owed to
CalRecycle, the grantee is responsible for repayment of the funds to CalRecycle.
GRANTEE'S INDEMNIFICATION AND DEFENSE OFTHE STATE
The grantee agrees to indemnify, defend and save harmless the stateand CalRecycle, and
their officers, agents and employees from any and all claims and losses accruing or resulting
to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or
corporation furnishing or supplying work services, materials, or supplies in connection with
the performance of this Agreement, and from any and all claims and losses accruing or
resulting to any person, firm or corporation who may be injured or damaged by the grantee as
a result of the performance of this Agreement.
GRANTEE'S NAME CHANGE
A written amendment is required to change the grantee's name as listed on this Agreement.
Upon receipt of legal documentation of the name change, CalRecycle will process the
amendment. Payment of Payment Requests presented with a new name cannot be paid prior
to approval of the amendment.
IN CASE OF EMERGENCY
In the event of an emergency, or where there is an imminent threat to public health and
safety or the environment, the grantee may choose, at its own risk, to incur grant-eligible
expenses not previously included in the approved Budget, subject to subsequent approval by
the Grant Manager of both the Budget change and the need to implement the Budget change
on an emergency basis. The grantee shall notify the Grant Manager of the emergency and
the Budget change at the earliest possible opportunity. CalRecycle reserves the right to
accept or reject the grantee’s determination that the circumstances constituted an emergency
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or a threat to public health and safety or the environment. If the Grant Managerdetermines
that the circumstances did not constitute an emergency or a threat to public health or safety,
the Budget change will be disallowed.
NATIONAL LABOR RELATIONS BOARD CERTIFICATION
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury
that no more than one final unappealable finding of contempt of court by a federal court has
been issued against the grantee within the immediately preceding two-year period because of
the grantee's failure to comply with an order of a federal court which orders the grantee to
comply with an order of the National Labor Relations Board. This section is notapplicable if
the grantee is a public entity.
NO AGENCY RELATIONSHIP CREATED/INDEPENDENT CAPACITY
The grantee and the agents and employees of grantee, in the performance of this
Agreement, shall act in an independent capacity and not as officers or employees or agents
of CalRecycle.
NO WAIVER OF RIGHTS
CalRecycle shall not be deemed to have waived any rights under this Agreement unless such
waiver is given in writing and signed by CalRecycle. No delay or omission on the part of
CalRecycle in exercising any rights shall operate as a waiver of such right or any other right.
A waiver by CalRecycle of a provision of this Agreement shall not prejudice or constitute a
waiver of CalRecycle’s right otherwise to demand strict compliance with that provision or any
other provision of this Agreement. No prior waiver by CalRecycle, nor any course of dealing
between CalRecycle and grantee, shall constitute a waiver of any of CalRecycle’s rights or of
any of grantee’s obligations as to any future transactions. Whenever the consent of
CalRecycle is required under this Agreement, the granting of such consent by CalRecyclein
any instance shall not constitute continuing consent to subsequent instances where such
consent is required and in all cases such consent may be granted or withheld in the sole
discretion of CalRecycle.
NON-DISCRIMINATION CLAUSE
(a)During the performance of this Agreement, grantee and its contractors shall not unlawfully
discriminate, harass, or allow harassment against any employee or applicant for
employment on the bases enumerated in Government Code Section12900 et seq.
(b)The person signing this Agreement on behalf of the grantee certifies under penalty of
perjury under the laws of California that the grantee has, unless exempted, complied with
the nondiscrimination program requirements (Gov.Code,§ 12990, subd. (a-f)and
California Code of Regulations, Title 2, Section8103). (Not applicable to public entities.)
ORDER OF PRECEDENCE
The performance of this grant shall be conducted in accordance with the Terms and
Conditions, Procedures and Requirements, Project Summary/Statement of Use, Work Plan,
and Budget of this Agreement, or other combination of exhibits specified on the Grant
Agreement Coversheet attached hereto (collectively referred to as “Terms”). Grantee’s
CalRecycle-approved Application (Grantee’s Application) ishereby incorporated herein by
this reference. In the event of conflict or inconsistency between the articles, exhibits,
attachments, specifications or provisions that constitute this Agreement, the following order of
precedence shall apply:
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(a)Grant Agreement Coversheet and any Amendments thereto
(b)Terms and Conditions
(c)Procedures and Requirements
(d)Project Summary/Statement of Use
(e)Budget
(f)Work Plan
(g)Grantee’s Application
(h)All other attachments hereto, including any that are incorporated by reference.
OWNERSHIP OFDRAWINGS, PLANS, AND SPECIFICATIONS
The grantee shall, at the request of CalRecycle or as specifically directed in the Procedures
and Requirements (Exhibit B), provide CalRecycle with copies of any data, drawings, design
plans, specifications, photographs, negatives, audio and video productions, films, recordings,
reports, findings, recommendations, and memoranda of every description or any part thereof,
prepared under this Agreement. Grantee hereby grants to CalRecycle a royalty-free,
nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies
of any and all such materials produced pursuant this Agreement, for nonprofit, non-
commercial purposes, and to have or permit others todo so on CalRecycle’s behalf.
PAYMENT
(a)The approved Budget, if applicable, is attached hereto and incorporated herein by this
reference and states the maximum amount of allowable costs for each of the tasks
identified in the Work Plan, if applicable, which is attached hereto and incorporated herein
by this reference. CalRecycle shall reimburse the grantee for only the work and tasks
specified in the Work Plan or the Grantee’sApplication at only those costs specified in the
Budget and incurred in the term of the Agreement.
(b)The grantee shall carry out the work described in the Work Plan or in the Grantee’s
Application in accordance with the approved Budget, and shall obtain the Grant
Manager’s written approval of any changes or modifications to the Work Plan, approved
project as described in the Grantee’sApplication or the approved Budget prior to
performing the changed work or incurring the changed cost. If the grantee fails to obtain
such prior written approval, the Director, at his or her sole discretion, may refuse to
provide funds to pay for such work or costs.
(c)The grantee shall request reimbursement in accordance with the procedures described in
the Procedures and Requirements.
(d)Ten percent will be withheld from each Payment Request and paid at the end of the grant
term, when all reports and conditions stipulated in this Agreement have been satisfactorily
completed. Failure by the grantee to satisfactorily complete all reports andconditions
stipulated in this Agreement may result in forfeiture of any such funds withheld pursuant to
CalRecycle’s 10percent retention policy.
(e)Lodgings, Meals and Incidentals: Grantee’s Per Diem eligible costs are limited to the
amounts authorized in the California State Administrative Manual (contact theGrant
Manager for more information).
(f)Payment will be made only to the grantee.
(g)Reimbursable expenses shall not be incurred unless and until the grantee receives a
Notice to Proceedas described in theProcedures and Requirements(Exhibit B).
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PERSONAL JURISDICTION
The grantee consents to personal jurisdiction in the State of California for all proceedings
concerning the validity and operation of this Agreement and the performance of the
obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal
sovereign immunity as a defense to any and all proceedings concerning the validity and
operation of this Agreement and the performance of the obligations imposed upon the
parties.
PERSONNEL COSTS
If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel
expenditures to be reimbursed with grant funds must be computed based on actual time
spent on grant-related activities and on the actual salary or equivalent hourly wage the
employee is paid for his or her regular job duties, including a proportionate share of any
benefits to which the employee is entitled, unless otherwise specified in the Procedures and
Requirements (Exhibit B).
REAL ANDPERSONAL PROPERTY ACQUIRED WITH GRANT FUNDS
(a)All real and personal property, including equipment and supplies, acquired with grant
funds shall be used by the grantee only for the purposes for which CalRecycle approved
their acquisition for so long as suchproperty is needed for such purposes, regardless of
whether the grantee continues to receive grant funds from CalRecycle for such purposes.
In no event shall the length of time during which such property, including equipment and
supplies, acquired with grant funds, is used for the purpose for which CalRecycle
approved its acquisition be less than five (5) years after the end of the grant term, during
which time the property, including equipment and supplies, must remain in the State of
California.
(b)Subjectto the obligations and conditions set forth in this section, title to all real and
personal property acquired with grant funds, including all equipment and supplies, shall
vest upon acquisition in the grantee. The grantee may be required to execute all
documents required to provide CalRecycle with a security interest in any real or personal
property, including equipment and supplies, and it shall be a condition of receiving this
grant that CalRecycle shall be in first priority position with respect to thesecurity interest
on any such property acquired with the grant funds, unless pre-approved in writing by the
Grant Manager that CalRecycle will accept a lower priority position with respect to the
security interest on the property. Grantee shall inform any lender(s) from whom it is
acquiring additional funding to complete the property purchase of this grant condition.
(c)The grantee may not transfer Title to any real or personal property, including equipment
and supplies, acquired with grant funds to any other entity without the express
authorization of CalRecycle.
(d)CalRecycle will not reimburse the grantee for the acquisition of equipment that was
previously purchased with CalRecycle grant funds, unless the acquisition of such
equipment with grant funds is pre-approved in writing by the Grant Manager. In the event
of a question concerning the eligibility of equipment for grant funding, the burden will be
on the grantee to establish the pedigree of the equipment.
REASONABLE COSTS
A cost is reasonable if, in its nature or amount, it does not exceed that which would be
incurred by a prudent person under the circumstances prevailing at the time the decision was
made to incur the cost. Consideration will be given to:
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(a)Whether the cost is of a type generally recognized as ordinary and necessary for the
performance of the grant.
(b)The restraints or requirements imposed by such factors as generally accepted sound
business practices, arms-length bargaining, federal and state laws and regulations, and
the terms and conditions of this Agreement.
(c)Whether the individuals concerned acted with prudence in thecircumstances, considering
their responsibilities to the organization, its members, employees, clients, and the public
at large.
(d)Significant deviations from the established practices of the organization which may
unjustifiably increase the grant costs.
RECYCLED-CONTENT PAPER
All documents submitted by the grantee must be printed double-sided on recycled-content
paper containing 100percent post-consumer fiber. Specific pages containing full color
photographs or other ink-intensive graphics may be printed on photographic paper.
REDUCTION OF WASTE
In the performance of this Agreement, grantee shall take all reasonable steps to ensure that
materials purchased or utilized in the course of the project are not wasted. Steps should
include, but not be limited to: the use of used, reusable, or recyclable products; discretion in
the amount of materials used; alternatives to disposal of materials consumed; and the
practice of other waste reduction measures where feasible and appropriate.
REDUCTION OF WASTETIRES
Unless otherwise provided for in this Agreement, in the performance of this Agreement, for all
purchases made with grant funds, including, but not limited to equipment and tire-derived
feedstock, the grantee shall purchase and/or process only California waste tires and
California waste tire-derived products. As a condition of final payment under this Agreement,
the grantee must provide documentation substantiating the source of the tire materials used
during the performance of this Agreement to the Grant Manager.
REIMBURSEMENT LIMITATIONS
Under no circumstances shall the grantee seek reimbursement pursuant to this Agreement
for a cost or activity that has been or will be paid for through another funding source. The
grantee shall not seek reimbursement for any costs used to meet cost sharing or matching
requirements of any other CalRecycle funded program.
All costs charged against the Agreement shall be net of all applicable credits. The term
“applicable credits” refers to those receipts or reductions of expenditures that operate to
offset or reduce expense items that are reimbursable under this Agreement. Applicable
credits may include, but are not necessarily limited to, rebates or allowances, discounts,
credits toward subsequent purchases, and refunds. Grantee shall, where possible, deduct the
amount of the credit from the amount billed as reimbursement for the cost, or shall deduct the
amount of the credit from the total billed under a future invoice.
RELIABLE CONTRACTOR DECLARATION
Prior to authorizing any contractor or subcontractor to commence work under this Grant, the
grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle 168) from
the contractor or subcontractor, signed under penalty of perjury, disclosing whether of any of
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the events listed in Section 17050 of Title 14, California Code of Regulations, Natural
Resources, Division 7, has occurred with respect to the contractor or subcontractor within the
preceding three (3) years.If a contractor is placed on CalRecycle’s Unreliable List after
award of this Grant, the grantee may be required to terminate that contract.
REMEDIES
Unless otherwise expressly provided herein, the rights and remedies hereunder are in
addition to, and not in limitation of, other rights and remedies under this Agreement, at law or
in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right
or remedy.
SELF-DEALING AND ARM’S LENGTH TRANSACTIONS
All expenditures for which reimbursement pursuant to this Agreement is sought shall be the
result of arm’s-length transactions and not the result of, or motivated by, self-dealing on the
part of the grantee or any employee or agent of the grantee. For purposes of this provision,
“arm’s-length transactions” are those in which both parties are on equal footing and fair
market forces are at play, such as when multiple vendors are invited to compete for an
entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is
involved where an individual or entity is obligated to act as a trustee or fiduciary, as when
handling public funds, and chooses to act in a manner that will benefit the individual orentity,
directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all
grant monies are to be expended.
SEVERABILITY
If any provisions of this Agreement are found to be unlawful or unenforceable, such
provisions will be voided and severed from this Agreement without affecting any other
provision of this Agreement. To the full extent, however, that the provisions of such
applicable law may be waived, they are hereby waived to the end that this Agreement be
deemed to bea valid and binding agreement enforceable in accordance with its terms.
SITE ACCESS
The grantee shall allow the stateto access sites at which grant funds are expended and
related work being performed at any time during the performance of the work and for ninety
(90) days after completion of the work, or until all issues related to the grant project have
been resolved.
STOP WORK NOTICE
Immediately upon receipt of a written notice from the Grant Manager to stop work, the
grantee shall cease all work underthis Agreement.
TERMINATION FOR CAUSE
CalRecycle may terminate this Agreement and be relieved of any payments should the
grantee fail to perform the requirements of this Agreement at the time and in the manner
herein provided. In the event of such termination, CalRecycle may proceed with the work in
any manner deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from
any sum due the grantee under this Agreement. Termination pursuant to this section may
result in forfeiture by the grantee of any funds retained pursuant to CalRecycle’s 10percent
retention policy.
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TIME IS OF THE ESSENCE
Time is of the essence to this Agreement.
TOLLING OF STATUTE OF LIMITATIONS
The statute of limitations for bringing any action, administrative or civil, to enforce the terms of
this Agreement or to recover any amounts determined to be owing to CalRecycle as the
result of any audit of the grant covered by this Agreement shall be tolled during the period of
any audit resolution, including any appeals by the grantee to the Director.
UNION ORGANIZING
By signing this Agreement, the grantee hereby acknowledges the applicability of Government
Code Sections16645, 16645.2, 16645.8, 16646,16647, and 16648 to this Agreement and
hereby certifies that:
(a)No grant funds disbursed by this grant will be used to assist, promote, or deter union
organizing by employees performing work under this Agreement.
(b)If the grantee makes expenditures to assist,promote, or deter union organizing, the
grantee will maintain records sufficient to show that no state funds were used for those
expenditures, and that grantee shall provide those records to the Attorney General upon
request.
VENUE/CHOICE OF LAW
(a)All proceedings concerning the validity and operation of this Agreement and the
performance of the obligations imposed upon the parties hereunder shall be held in
Sacramento County, California. The parties hereby waive any right to any other venue.
The place where the Agreement is entered into and place where the obligation is incurred
is Sacramento County, California.
(b)The laws of the State of California shall govern all proceedings concerning the validity and
operation of this Agreement and the performance of the obligations imposed upon the
parties hereunder.
WAIVER OF CLAIMS ANDRECOURSE AGAINST THE STATE
The grantee agrees to waive all claims and recourse against the state, its officials, officers,
agents, employees, and servants, including, but not limited to, the right to contribution for loss
or damage to persons or property arising out of, resulting from, or in any way connected with
or incident to this Agreement. This waiver extends to any loss incurred attributable to any
activity undertaken or omitted pursuant to this Agreement or any product, structure, or
condition created pursuant to, or as a result of, this Agreement.
WORK PRODUCTS
Grantee shall provide CalRecycle with copies of all final products identified in the Work Plan.
Grantee shallalso provide CalRecycle with copies of all public education and advertising
material produced pursuant to this Agreement.
WORKERS’ COMPENSATION/LABOR CODE
The grantee is aware of Labor Code Section3700, which requires every employer to be
insuredagainst liability for Workers’Compensation or to undertake self-insurance in
accordance with the Labor Code, and the grantee agrees to comply with such provisions
before commencing the performance of the work of this Agreement.
CalRecycle’sCompetitive Grant Terms and Conditions –Revised 3/29/201613
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May 7, 2019File ID: 19-0255
TITLE
A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DAVY ARCHITECTURE,
INC FOR DESIGN AND CONSTRUCTION ADMINISTRATION FOR A DECK IN FRIENDSHIP PARK
B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR
2018/19 CIP PROGRAM BUDGET AND APPROPRIATING FUNDS FOR THE CIVIC CENTER LIBRARY
OUTDOOR DECK ADDITION (CIP NO. GGV0244) (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolutions.
SUMMARY
On September 25, 2018, the City Council adopted Resolution 2018-202 accepting and appropriating
Housing-Related Parks (HRP) grant funds in the amount of $629,450 to construct an outdoor deck addition
to the Civic Center Library (CIPNo. GGV0244). Subsequently, the City entered into an agreement with Davy
Architecture, Inc (Davy) for the provision ofdesign and construction administration services for the
outdoor deck project(the “Agreement”). The City and Davy desire to amend the Agreement to include
construction management services and allow for reimbursable expenses for printing and materials
delivery.In addition, an updated engineer’s estimate for the project prepared by Davy indicates a total
budget of $1,320,863. An appropriation from the Major Recreation Facility component of the Public
Facilities Development Impact Fee (PFDIF) to supplement the HRP grant fundsis recommended.
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 Categorical
Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities),Section 15303
class 3 (New Construction or Conversion of Small Structures),and Section 15061(b)(3), because it can be
seen with certainty that there is no possibility that the activity in question may have a significant effect on
the environment. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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DISCUSSION
On February 7, 2017, the City Council approved submission of aHousing-Related Parks (HRP) Grant
application tothe California Department of HousingCommunity Development Department (Resolution No.
2017-023).
The HRPprogram wasfunded through the passage of Proposition 1C, which creates incentives and rewards
local governments for building affordable housing by providing grant funds for needed parks in those
communities. The grant funds may be used for the creation, development, or rehabilitation of park and/or
recreation facilities. The City was awarded agrant in the amount of $629,450. On September 25, 2018, the
City Council approved Resolution 2018-202 accepting the HRP grant funds and amended the operating and
capital improvement program budgets to appropriate the grant fundsto CIP No. GGV0244 (Civic Center
Library Outdoor Deck Addition).
Davy Agreement
On October 2, 2018, Council adopted Resolution No. 2018-209approvingthe Agreement with Davy for
Design and Construction Administration for Deck at Friendship Park (Attachment 1), in the amount of
$98,000.Staff recommends amending the Agreement to includeconstruction management services and
reimbursable expenses for printing and materials delivery. The proposed amendment increases the Davy
contractby $69,600, for a new, not to exceed contract amount of $167,600(Attachment 2). The amended
agreement is funded in full by the previously appropriated HRP funds.
Additional Appropriation
Through development of the construction specifications, Davy provided an engineer’s estimate of
construction cost, including appropriate soft costs and contingencies, of $1,153,263. With the inclusion of
$167,600 in design and construction administration and managementfor the previously described Davy
Agreement, the estimated budget for the project totals$1,320,863. The existing HRP appropriation must
therefore be augmented in the amount$691,413. Sufficient funds are available in the Major Recreation
Component of the Public Facilities Development Impact Fundfor this purpose.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the real property holdings of the City Councilmembers do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et
seq.).
Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
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CURRENT-YEAR FISCAL IMPACT
Project costs are estimated to total $1,320,863as summarized in the table below.
DescriptionAmount
Hard Construction Costs$ 791,768
Design Contingency (15%)$ 118,765
Construction Soft Costs$ 242,730
Design & Construction Management (Davy)$ 167,600
Total$ 1,320,863
The project will be funded as follows:
Funding SourceAmount
HRP Grant Funds$ 629,450
PFDIF Funds$ 691,413
Total$ 1,320,863
HRP funds are anticipated to be expended in the current fiscal yearas required by the terms of the grant.
PFDIF expenditures will occur in fiscal year 2018-19 and 2019-20. In the event there are construction
delays or other unforeseen delays in the project and all grant funds are not expended by June 30, 2019,
staff will return to the City Council to request additional PFDIF fundsin order to complete the project.
ONGOINGFISCAL IMPACT
Upon completion of the project, the improvements will require routine City maintenance.
ATTACHMENTS
1.Davy Architecture Inc
2.Davy Architecture Inc First Amendment
Staff Contact: Tracy Lamb, Director of Community Services
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COUNCIL RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND DAVY ARCHITECTURE, INC FOR DESIGN AND
CONSTRUCTION ADMINISTRATION FOR A DECKIN
FRIENDSHIP PARK
WHEREAS, on February 7, 2017, by Resolution No. 2017-023, the City Council
authorized the Development Services Department to submit an application for a Household
Related Parks (HRP) Grant from the Department of Housing Community Development; and
WHEREAS, the HRP Grant funds are to be used for the creation or rehabilitation of
parks and/or recreational facilities that benefit the community and add to the quality of life; and
WHEREAS, on September 25, 2018, City Council approved Resolution No. 2018-202,
amending the Operating and Capital Improvement Program budgets to establish a new CIP
project for the Civic Center Library Outdoor Deck Addition (GGV0244), and appropriating
$629,450 of HRP grant funding; and
WHEREAS, on October 2, 2018, City Council approved an agreement with Davy
Architecture, Inc. to provide design and construction administration for the deck project at
Friendship Park; and
WHEREAS, the current agreement with Davy Architecture, Inc. does not provide
construction management services and reimbursable expenses for printing and materials
delivery.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the First Amendment to the Agreement between the City of Chula Vista
and Davy Architecture, Inc for design and construction administration for a Deck in Friendship
Park, with such minor 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 Clerk, and authorizes and directs the
City Manager to execute same.
Presented byApproved as to form by
Tracy LambGlen R. Googins
Director of Community ServicesCity Attorney
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COUNCIL RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2018/19 CIP
PROGRAM BUDGET AND APPROPRIATING FUNDS FOR
THE CIVIC CENTER LIBRARY OUTDOOR DECK ADDITION
(CIP NO. GGV0244)
WHEREAS, on February 7, 2017, the City Council approved submission of a Housing-
Related Parks (HRP) Grant application to the California Department of Housing Community
Development Department (Resolution No. 2017-023); and
WHEREAS, the HRP Grant funds are to be used for the creation or rehabilitation of
parks and/or recreational facilities that benefit the community and add to the quality of life; and
WHEREAS, On September 25, 2018, the City Council approved Resolution 2018-202
accepting the HRP grant funds and amended the operating and capital improvement program
budgets to appropriate the $629,450 of grant funds to CIP No. GGV0244 (Civic Center Library
Outdoor Deck Addition); and
WHEREAS, the total project cost is estimated at $1,320,863inclusive of construction
costs,soft costs, and design contingency; and
WHEREAS, the current appropriation of $629,450 in grant funding is not sufficient to
cover all of the costs of the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves amending the FY2018-19 CIP program budget and appropriating
$691,413from the Major Recreation Component of the Public Facilities Development Impact
Fund for the Civic Center Library Outdoor Deck Addition.
Presented byApproved as to form by
Tracy LambGlen R. Googins
Directorof Community ServicesCity Attorney
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DocuSign Envelope ID: C965A968-CF5B-49DD-B602-5BE605C9E4F0
FIRST AMENDMENT
to Agreement between the
City of Chula Vista
and
DAVY ARCHITECTURE, INC.
For Design and Construction Administration for Deck in Friendship Park
This FIRST AMENDMENT is entered into effective as of 5/7/19
by and between and DAVY ARCHITECTURE, INC.
ractor/Service Provider with reference to the following facts:
RECITALS
WHEREAS, City and Contractor/Service Provider previously entered into the Services
Agreement with Davy Architecture, Inc to Provide Design and Construction Administration for
Deck in Friendship Park Original Agreementon October 2, 2018; and
WHEREAS, City and Contractor/Service Provider desire to amend the Original
Agreement to expand services to include Construction Management and add reimbursable
expenses for printing and delivery of materials, as more specifically set forth below; and
NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of
the parties set forth herein, City and Contractor/Service Provider agree as follows:
1. Exhibit A to the Original Agreement is amended as follows:
a.
the following:
engineering, construction management, and cost estimating services for design
and engineering of a newly proposed 4,150 square foot outdoor deck, site
features, and additional outdoor deck at Friendship Park, including rework of
b. irety with the
following:
Existing condition site research and documentation, project schedule, design
and construction documents to include architectural, structural, electrical, fire
sprinkler protection, specifications, materials board, two construction cost
estimates, meetings, three meetings during the design phase, six site visits
during construction, structural plans and calculations, electrical design to
include lighting and power distribution system within the new outdoor deck at
library only, tie into existing fire alarm system. Deliverables will also include
grading and drainage plan at existing landscaped area north of children's area.
Construction management services to include weekly on-site OAC meetings,
City of Chula Vista Amendment to Agreement No.: 18099-A
Contractor/Service Provider Name: DAVY ARCHITECTURE, INC.
Rev. 8/23/16
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DocuSign Envelope ID: C965A968-CF5B-49DD-B602-5BE605C9E4F0
availability during normal business hours to take calls, process documents and
answer any questions that may develop during construction, review and be
responsible for ensuring grant funds are properly itemized and billed
accordingly, provide support during bid phase to ensure the estimates are in
line with the City's template and align with the estimate and construction
documents, support City in completing the standard bid forms, review
contractor pay requests, material testing coordination as needed, monitoring
contractor's regulations and laws, and include any of the City's typical
construction management scope from previous experience.
Schematic Design: Submit to City for Review and Approval - November 14,
2018
Design Development: Meeting with City for Page Turn Review & Approval -
December 20, 2018
Construction Docs: Meeting with City for Page Turn Review & Approval -
January 31, 2018
Bldg. Dept. Submittal: February 14, 2018
Construction Management Services begin: A
c.
following:
A. Form of Compensation
Fixed Fee Paid Increments. For the completion of each Deliverable of the
Required Services, as identified in section 2.B., above, City shall pay the fixed
fee associated with each Deliverable, in the amounts set forth below:
Task No. Deliverable Amount
1 Schematic Design $14,700
2 Design Development $19,600
3 Construction Documents $34,300
4 Plan Check Phase $4,900
5 Bidding Phase $4,900
6 Construction Administration $14,700
7 Construction Management $65,100
8 Closeout $4,900
B. Reimbursement of Costs
Invoiced or agreed-upon amounts as follows:
Allowance of $4,500 for printing and delivery of materials pertaining to
documents required to complete the construction of deck.
City of Chula Vista Amendment to Agreement No.: 18099-A
Contractor/Service Provider Name: DAVY ARCHITECTURE, INC.
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Notwithstanding the foregoing, the maximum amount to be paid to the
Contractor/Service Provider for services performed through June 30, 2019
shall not exceed $167,600. If the City exercises its option to extend the
Agreement, the amount to be paid to the Contractor/Service Provider for
services provided during the term of that extension shall not exceed
$167,600. If the City exercises all additional options to extend the
Agreement, the total amount to be paid to the Contractor/Service Provider for
services provided during the initial and optional extension periods shall not
exceed $167,600.
2. Except as expressly provided herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect.
3. Each party represents that it has full right, power and authority to execute this FIRST
Amendment and to perform its obligations hereunder, without the need for any
further action under its governing instruments, and the parties executing this
Amendment on the behalf of such party are duly authorized agents with authority to
do so.
City of Chula Vista Amendment to Agreement No.: 18099-A
Contractor/Service Provider Name: DAVY ARCHITECTURE, INC.
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SIGNATURE PAGE TO FIRST
AMENDMENT
TO
SERVICES AGREEMENT WITH DAVY ARCHITECTURE, INC TO PROVIDE
DESIGN AND CONSTRUCTION ADMINISTRATION FOR DECK IN FRIENDSHIP
PARK
DAVY ARCHITECTURE, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Enrique Rodriguez MARY CASILLAS SALAS
Civic Studio Director / PM MAYOR
ATTEST
BY:
KERRY K. BIGELOW, MMC
CITY CLERK
APPROVED AS TO FORM
BY: _________________________________
GLEN R. GOOGINS
CITY ATTORNEY
City of Chula Vista Amendment to Agreement No.: 18099-A
Contractor/Service Provider Name: DAVY ARCHITECTURE, INC.
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May 7, 2019File ID: 19-0265
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RESCINDING RESOLUTIONS 2017-
110 AND 2017-111, WHICH OTHERWISE WOULD HAVE ENDED EMPLOYERPAID MEMBER
CONTRIBUTIONS (EPMC) FOR CHULA VISTA POLICE OFFICERS ASSOCIATION (CVPOA) REPRESENTED
TIER 1 EMPLOYEES ON MAY 10, 2019; CONTINUING THE STATUS QUO UNDER THE TERMS OF ARTICLE
2.18 OF THE 2014-2017 MEMORANDUM OF UNDERSTANDING (AS EXTENDED) BETWEEN THE CITY AND
CVPOA DURING LABOR NEGOTIATIONS REGARDING EPMC; AND TERMINATING EPMC EFFECTIVE JUNE 7,
2019, WITH A CORRESPONDING CESSATION OF GOVERNMENT CODE SECTION 20615 PAYMENTS BY
CVPOA REPRESENTED TIER 1 EMPLOYEES
RECOMMENDED ACTION
Council adopt theresolution.
SUMMARY
In 2017, City Council approved ResolutionsNo. 2017-110 (cessation of Employer Paid Member
Contribution (“EPMC”)) and 2017-111(corresponding cessation of Government Code section 20615
contributions by Chula Vista Police Officers Association (“CVPOA”)represented employees) which were to
be effectiveMay 10, 2019. The Resolutions were based on “The Amendment(Letter of Understanding)to
the Contract Extension of the2014-2017 Memorandum of Understanding (MOU) Between the City of Chula
Vista and CVPOA” (“MOU Amendment”), which provided for the termination of EPMC.
The terms in the above referenced MOU Amendment also included an option for CVPOA to continue EPMC
for eligible Tier 1 POA employees, if the employees paid the full cost of the EPMC benefit. If CVPOA wanted
to continue EPMC,then it had to notify the City of its desire to do so and enter into a new Letter of
Understanding (“LOU”) by April 1, 2019, specifying the cost for EPMC benefit and the term of the continued
EPMC benefit. TheCVPOA notified the City on March 27, 2019 that they desired to continue EPMCfor all
eligible Tier 1employees (with the full costsolely paid by the employees) buthad not entered into
required LOU with the City by April 1, 2019.
The City and CVPOA are currently negotiating the terms of the LOU.To maintain the status quo during the
negotiations, Staff is requesting that City Council approverescinding Resolutions 2017-110 and 2017-111,
continue the status quo regarding EMPC as set forth inArticle 2.18 of the 2014-2017 MOU (as extended),
and tochange the effective date of EPMC termination to June 7, 2019.
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ENVIRONMENTAL REVIEW
Environmental Notice
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.
Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliancewith 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 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
Tier 1 employees in classifications represented by CVPOA currently contribute nine percent (9%), applied
to the City’s (employer share) contribution to CalPERS for optional benefits,and receive a nine percent
(9%) Employer Paid Member Contribution (EPMC) towards their CalPERS retirement per Article 2.18 of
the Memorandum of Understandingbetween the City and CVPOA for the period of 2014-2017, as extended.
In 2017, the City and CVPOA entered into a MOU extension and thereafter an MOU Amendmentthat
providesthat EPMC will be removed effective the first full pay period of May 2019 (which is May 10, 2019)
unless CVPOA notified the City and entered into a LOU by no later than April 1, 2019 to maintain this
benefit. The CVPOA notified the City on March 27, 2019 of theirdesire to continue EPMC butdid not enter
into the required LOU (specifying the cost and term of the benefit) by April 1, 2019. The City and POA are
currently negotiating the terms of the LOU.
In 2017, City Council approved Resolutions No. 2017-110 (cessation of Employer Paid Member
Contribution (“EPMC”)) and 2017-111 (corresponding cessation of Government Code section 20615
contributions by Chula Vista Police Officers Association (“CVPOA”) represented employees) effective May
10, 2019 based on the MOU Amendment.
CalPERS requires a City Council-adopted resolution to change the payment and reporting of the value of
EPMC. Sincethe City would otherwise be required to report retirement contributions as provided in
Resolutions 2017-110 and 2017-111 and since the POAhas notified the City of their intent to maintain
EPMCthrough a LOU,staff is requesting City Council approval of the actions to rescind City Resolution No.
2017-110 and No. 2017-111; to maintain the status quo (as set forth in MOU Article 2.18) regarding EMPC
while the City and CVPOA negotiate the required LOU; and to reset the termination of EPMC to June 7, 2019
(unless a LOU is agreed upon).
DECISION-MAKER CONFLICT
Not Applicable -Not Site-Specific
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Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et
seq.).
Staff is not independently aware,and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decisionmaker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The elimination of EPMC for POArepresented employees effective the first full pay period in May was
factored into the Fiscal Year(FY)2018-2019 Budget. If EPMC (9% City contribution) were continued for
the remaining of the FY, the additional cost is approximately $216,028. The Police Department will be able
to absorb the additional costs within their current budget, so no additional appropriation is being
requested at this time.
ONGOING FISCAL IMPACT
There may be ongoingfiscal impacts to theCity as a result of theelimination of EPMC for POArepresented
employees. Even though theemployees will be required to pay the full cost of EPMCon an annual basis,
any shortfall in CalPERS investment rate of return will result in additional unfunded liability to the City.
ATTACHMENTS
Attachment 1 -The AMENDMENT(LETTER OF UNDERSTANDING)TO THE CONTRACT EXTENSION OF
THE 2014-2017 MOUBETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA POLICE OFFICER’S
ASSOCIATION
Attachment 2 -RESOLUTIONNo. 2017-110 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING EMPLOYER PAID MEMBER CONTRIBUTIONS FOR TIER 1 EMPLOYEES IN CLASSIFICATIONS
REPRESENTED BY THE CHULA VISTA POLICE OFFICER’S ASSOCIATION EFFECTIVE MAY 10, 2019
Attachment 3 -RESOLUTION NO. 2017-111 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CESSATION OF PAYMENT, ON EMPLOYER SIDE, FOR OPTIONAL BENEFITS BY TIER 1
EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY CHULA VISTA POLICE OFFICER’S ASSOCIATION AS A
RESULT OF TERMINATION OF EMPLOYER PAID MEMBER CONTRIBUTIONS FOR SAID EMPLOYEES
EFFECTIVE MAY 10, 2019
Staff Contact:Erin Dempster, Human Resources Operations Manager
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RESCINDING RESOLUTIONS 2017-110 AND
2017-111, WHICH OTHERWISE WOULD HAVE ENDED
EMPLOYER PAID MEMBER CONTRIBUTIONS (EPMC)
FOR CHULA VISTA POLICE OFFICERS ASSOCIATION
(CVPOA) REPRESENTED TIER 1 EMPLOYEES ON MAY 10,
2019; CONTINUING THE STATUS QUO UNDER THE TERMS
OF ARTICLE 2.18 OF THE 2014-2017 MEMORANDUM OF
UNDERSTANDING (AS EXTENDED) BETWEEN THE CITY
ANDCVPOADURINGLABORNEGOTIATIONS
REGARDINGEPMC;ANDTERMINATINGEPMC
EFFECTIVE JUNE 7, 2019, WITH A CORRESPONDING
CESSATION OF GOVERNMENT CODE SECTION 20615
PAYMENTSBYCVPOAREPRESENTEDTIER1
EMPLOYEES
WHEREAS, via an attendant MOU with the Chula Vista Police Officers Association
(specifically Article 2.18) (“CVPOA”)for the period of 2014-2017, the City and CVPOA agreed
that the City would pay 9% on the employee side (resulting in EPMC as authorized by
Government Code section 20691) for pension benefits and CVPOA represented employees
would correspondingly pay 9% on the employer side (as authorized pursuant to Government
Code section 20516)for pension benefits; and
WHEREAS, in an Amendment to the Contract Extension of the 2014-2017 MOU
between the City and CVPOA dated June 28, 2017, the City and CVPOA agreed that EMPC
would terminate the first pay period of May 2019 (May 10, 2019), but that CVPOA may elect to
keep EPMC if they notify the City of its desire to keep EPMC and enter into a Letter of
Understanding (LOU) with the City(providing that the full cost to be borne by the CVPOA
represented employees and the term that EPMC will continue for)by April 1, 2019; and
WHEREAS, CVPOA notified the City on March 27, 2019 of its desire to keep EMPC,
but did not timely enter into a LOU with the City as required by April 1, 2019; however, the City
and CVPOA are negotiating on the matter and desire to maintain the “Status Quo” during said
negotiations; and
WHEREAS, by this Resolution the City and CVPOA will maintain the terms of Article
2.18as the Status Quo, specifying that the City will pay 9% on the employee side (resulting in
EPMC as authorized by Government Code section 20691) and CVPOA represented employees
will correspondingly pay 9% on the employer side (as authorized pursuant to Government Code
section 20516) until June 7, 2019, as set forth below; and
WHEREAS, the governing body of the City of Chula Vista has the authority to
implement Government Code Section 20691;
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WHEREAS, the governing body of the City of Chula Vista has a written labor policy or
agreement which specifically provides for the normal member contributions to be paid by the
employer;
WHEREAS, one of the steps in the procedures to implement Section 20691 is the
adoption by the governing body of the City of Chula Vista of a Resolution to commence said
Employer Paid Member Contributions (EPMC)and this is said Resolution;
WHEREAS, the governing body of the City of Chula Vista has identified the following
conditions for the purpose of its election to pay EPMC:
This benefitshall apply to allTier 1employees represented by Chula Vista Police
Officer’s Association.
This benefit shall consist of paying zero (0) percent of the normal member contributions
as EPMC.
The effective date of the setting of the benefit to zero (0) shall beJune 7, 2019.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of Chula
Vista (City Council) does hereby:
1.Rescind Resolutions2017-110 (eliminating EPMC effective May 10, 2019)and
2017-111 (correspondingly eliminating employee payments pursuant to Government
Code section 20615); and
2.Reaffirms Article 2.18 of the 2014-2017 MOU between the City and CVPOA (as
extended) and attendant City Council Resolutions implementing Article 2.18 that
provide that the City will pay 9% on the employee side (resulting in EPMC as
authorized by Government Code section 20691) and CVPOA represented employees
will correspondingly pay 9% on the employer side (as authorized pursuant to
Government Code section 20516)to maintain the Status Quoduring negotiations re
EMPC; and
3.Elects to pay EPMC, as set forth above(setting City payment to zero (0) percent),
effective June 7, 2019, with a corresponding cessation of CVPOA represented
employee payment pursuant to Government Code section 20516.
Presented byApproved as to form by
Gary HalbertGlen R. Googins
City ManagerCity Attorney
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May 7, 2019File ID: 18-0519
TITLE
A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTAACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 14M-2 (EASTERN URBAN
CENTER/MILLENIA) FORMING AND ESTABLISHING SUCH COMMUNITY FACILITIES DISTRICT,
AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS
OF SUCH COMMUNITY FACILITIES DISTRICT
B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 14M-2 (EASTERN URBAN
CENTER/MILLENIA), DECLARING THE RESULTS OFA SPECIAL ELECTION IN SUCH COMMUNITY
FACILITIES DISTRICT
C.ORDINANCE OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 14M-2 (EASTERN URBAN CENTER/MILLENIA), AUTHORIZING THE
LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT(FIRST READING)
RECOMMENDED ACTION
Council conduct the public hearing, adopt the resolutions, and place the ordinance on first reading.
SUMMARY
On March 26, 2019, City Council initiated proceedings for the formation of CommunityFacilities DistrictNo.
14M-2 (“CFD No. 14M-2” or the “District”)by adoption of Resolutions 2019-036 and 2019-037. The
recommendedaction isthe next step in the proceedings to establish CFD No. 14M-2. CFD No. 14M-2will
fund the maintenance and replacement of:(a) public roadway frontages and medians, public transit
facilities, and the pedestrian bridge over Eastlake Parkway (including landscaping, enhanced paving,
rodent control, trash receptacles, graffiti removal, etc.); (b) public urban parks (including
planting/irrigation, site amenities/features, athletic facilities, etc.); and (c) facilities that are directly related
to storm water detention and water quality control. The City has retained the services of Spicer Consulting
Group(SCG) as special tax consultant and Best, Best and Krieger, LLP (BBK) as legal counsel to provide
assistance during the proceedings.
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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 because the creation of government funding mechanism is not
considered a project; 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
Background
On January 13, 1998, Council adopted the “City of Chula Vista Statement of Goals and Policies regarding the
establishment of Community Facilities Districts” (the “Goals and Policies”). The approval of this document
ratified the use of CFDs as a public financing mechanism for (1) the construction and/or acquisition of
public infrastructure, and (2) the financing of authorized public services. Taxes levied by maintenance
districts, such as CFD No. 14M-2, are currently excluded from the 2% maximum tax criterion set forth in the
Goals and Policies.
On April 28, 1998, Council, acting under its Charter authority, enacted the “Chula Vista Community
Facilities District Ordinance” (the “Ordinance”). The Ordinance adopted the Mello-Roos Act with
modifications to accomplish the following: (1) incorporate all maintenance activities authorized by the
“Landscaping & Lighting Act of 1972” (the “1972 Act”); (2) include certain maintenance activities not listed
in the Mello-Roos Act or the 1972 Act; and (3) establish an operating reserve fund for open space districts.
Relationship with CFD No. 14M
On February 11, 2014, the City Council approved Resolution No. 2014-022 to form and establish
Community Facilities District (CFD) No. 14M (Eastern Urban Center/Millenia). CFD No. 14M (the “original
CFD”) was established to levy taxes to fund the maintenance and replacement of specified facilities listed in
the summary section of this agenda statement. The original CFD provided for two improvement areas.
Improvement Area 1 was coterminous with the boundary of the original CFD and provided for the
maintenance/replacement of:(a) public roadway frontages and medians, public transit facilities, and the
pedestrian bridge over Eastlake Parkway (including landscaping, enhanced paving, rodent control, trash
receptacles, graffiti removal, etc.); (b) public urban parks (including planting/irrigation, site
amenities/features, athletic facilities, etc.); and (c) facilities that are directly related to storm water
detention and water quality control. Improvement Area 2 was limited to the boundaries of the public urban
parks within the Eastern Urban Center/Millenia development (Millenia). Special taxes levied on
Improvement Area 2 were allocated to urban park facilities only. Millenia is currently under development
and the special tax is being levied pursuant to the adopted Rate and Method of Apportionment (the “RMA”)
for the original CFD.
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During the annual administration of the original CFD, City staff determined that a new residential product
typehad been introducedwithin Millenia (i.e., “detached condominium”). Because this product type is not
defined in the Rate and Method of Apportionment (RMA) prepared for the original CFD, no special taxes
could be levied on it, potentially resulting in a budget shortfall for the original CFD. After convening a team
to complete a thorough consideration of all alternatives, the City determined that establishingan overlay
CFD was the preferredtaxing mechanism to accommodate the levy of special taxes on the new detached
condominium product type. During a review of the original CFD’s budget, the City determined that several
facilities have since been removed, reconfigured, or reduced in scope. The budget savings associated with
these facility changes fully mitigate the loss in special taxes due to the development of detached
condominiums in Millenia. Therefore, no special tax rate increases arenecessary for CFD No. 14M-2.
Description of CFD No. 14M-2
CFD No. 14M-2 will establish a new special tax rate for the “detached condominium” product (i.e., Detached
Residential Property) consistent with the benefit unit factors provided in the original CFD’s RMA. CFD No.
14M-2’s boundary map (Attachment 1) was designed to coincide with the limits of Improvement Area 1 of
the original CFD. However, certain areas were excluded as described below:
1.“Detached condominiums” permitted prior to CFD No. 14M-2 were excluded; and
2.Units currently occupied, or projected to be occupied prior to the adoption of CFD No. 14M-2, were
alsoexcluded.
Also, the five public urban parks included in Improvement Area 2 are not within the boundaries of CFD No.
14M-2. The City will remove CFD 14M-2 properties from the original CFD through recordation of a notice
of cessation of special tax for the original CFD. This action will remove the original CFD from title for the
impacted properties.
On March 26, 2019 the City adopted Resolution No. 2019-036 declaring its intention to establish CFD No.
14M-2 and to authorize the levy of a special tax. Resolution No. 2019-036 also directed the preparation of a
Community Facilities District Report (the “Special Tax Report”), which is contained in Attachment 2. At the
same hearing, the City approved Resolution No. 2019-037 adoptingthe CFD No. 14M-2 boundary map.
This boundary map was recorded on April 5, 2019 in the Office of the County Recorder (document 2019-
7000131, book 47, page 83).
CFD No. 14M-2will provide the necessary funding for the operation and maintenance of public
landscaping, storm water quality, walls, a trail, a pedestrian bridge, lighting, and park facilitiesby levying
an annual special taxwhich is collected from the property owners within CFD No. 14M-2in conjunction
with property taxassessmentor via direct billing. All expenses related to the district administration,
including levying and collecting the special taxes, are also funded from such special taxes.The following
sections provide additional detail on CFD 14M-2. Refer to the Special Tax Report (Attachment 2) for
further background information.
Area of Benefit
CFD No. 14M-2 encompasses a portion of the Millenia project,a 206-acre Urban Village located in the
southeastern portion of the City of Chula Vista. Millenia is currently being developed, and at buildout will
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include up to 2,983 multi-family residential unitsand 3.487 million square feet of commercial uses,
consisting of office, hospitality, retail, and civic uses. Millenia will also accommodate a fire station (1.07
acres), a public school (6.55acres),and fivepublic urbanparks (10.91acres).The District covers
approximately 90.04acres (or approximately 40%) of the Millenia project. Of the 90.04acres, 53.71acres
(or approximately 60%) are owned by SLF IV-Millenia, the master developer of the Millenia project.
Taken together, the budgets for CFD No. 14M-2, CFD 14M Improvement Area 1, and CFD 14M Improvement
Area 2 will be consistent with the total budget of the original CFD, accounting for the reduction, removal,
and reconfiguration of certain facilities included in the original CFD budget, and the addition of $22,000 per
year in administrative expenses for CFD No. 14M-2.
Land Use Types
Consistent with the original CFD, the CFD 14M-2 RMA establishes tax rates for Developed Property,
Approved Property, Undeveloped Property, Taxable Property Owner Association Property, and Taxable
Community Purpose Facility (CPF) Property. Within the category of Developed Property, the proposed
RMA establishes four land use classes: (1) Apartment Property; (2) Attached Residential Property; (3)
Detached Residential Property; and (4) Non-Residential Property. The Attached Residential Property land
use class will apply to parcels classified as Multi-Family Property in the original CFD. The Detached
Residential Property land use class will apply to the “detached condominium” product previously
discussed.
Description of the Improvements to be Maintained
The District will fund the maintenance and replacement of:(a) public roadway frontages and medians,
public transit facilities, and the pedestrian bridge over Eastlake Parkway (including landscaping, enhanced
paving, rodent control, trash receptacles, graffiti removal, etc.); (b) public urban parks (including
planting/irrigation, site amenities/features, athletic facilities, etc.); and (c) facilities that are directly related
to storm water detention and water quality control. The facilities to be maintained and replaced are
consistent with the Improvement Area 1 facilities, as described in the original CFD’s RMA. A complete list of
maintenance servicesis presented in Attachment 3.
Cost Estimate
The estimated annual budget for CFD No. 14M-2 is approximately $360,186, as summarized in Table 1
below.
Table 1
Annual
DescriptionBudget
Facility Maintenance$ 248,404
Facility Replacement$ 64,942
CFD Administration$ 22,000
Maintenance Reserve$ 24,840
TotalAnnual$360,186
Budget
Refer to Attachment 4for additional details on the District budget and the budget for CFD 14M
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Improvement Areas 1 and 2.
Maximum Special Tax Rate
The maximum special tax rates for Developed Property in FY 2018-2019 are presented in Table 2 below.
Table 2
Land Use Maximum
TypeDescriptionSpecial Tax
1Apartment Property$206.82 per Dwelling Unit
1
2Attached Residential Property$275.76 per Dwelling Unit
2
3Detached Residential Property$344.70 per Dwelling Unit
4Non-Residential Property$1,377.71 per Acre
In some instances,aDeveloped Property may contain more than one land use type (e.g. mixed-use
developments including a residential use above and a non-residential use). The maximum special tax that
may be levied shall be levied only on the residential component of a mixed-use project.
The maximum special tax for Approved Property and Undeveloped Property is$4,359.00per acre.
Developed Taxable Property Owner Association Property and Taxable CPF Property will be classified as
Non-Residential Property, while undeveloped Taxable Property Owner Association Property and Taxable
CPF Property will be classified as Undeveloped Property.
All proposed rates are consistent with and/or proportional to the current maximum special tax rates in
CFD 14M Improvement Area 1.
Collection of Taxes
The Method of Apportionment in the proposed RMA was designed to ensure taxes levied in Improvement
Area 1 of the original CFD and CFD 14M-2 are consistent and proportional. An initial Overall Special Tax
Requirement will be calculated, equal to the Special Tax Requirement for CFD 14M Improvement Area1.
The Developed Properties in both CFD 14M Improvement Area1 and CFD 14M-2 will then be assessed
proportionately up to 100% of the Maximum Special Tax for Developed Properties. If additional funds are
necessary to meet the Special Tax Requirement, then Approved Property, Undeveloped Property, Taxable
Property Owner Association Property, and Taxable CPF Propertymay be taxed. In all cases, the levy for
each land use class will be proportional between CFD 14M Improvement Area1 and CFD 14M-2. An
example levy calculation is provided as Attachment 5.
Resolutionsand Ordinance
There are tworesolutions and one ordinance on tonight’s agenda, which, if adopted, will accomplish the
following:
The RESOLUTION OF FORMATION is the formal action of the City Council forming and establishing CFD No.
14M-2 and authorizing submittal of the levy of special taxes to the qualified electors of the District.
1
See Multi-Family Property in the original CFD.
2
New land use created with CFD 14M-2 to address “detached condominiums” constructed in Millenia project.
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The RESOLUTION DECLARING SPECIAL ELECTION RESULTSis the action whereby the City Council
formally approves the results of a special election by qualified electors regarding the proposed levy of
special taxes.
The ORDINANCE AUTHORIZING THE LEVY OF SPECIAL TAX in which the City Council formally authorizes
the levy of special taxes on taxable properties located within CFD No. 14M-2 pursuant to the RMAfor the
District.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Councilmembers 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 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 Councilmember, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
In the current year, all costs of formation of the District will be borne by the original CFDand the ongoing
administration costs will be funded by the special tax levy of CFD No. 14M-2. The City will recover the full
cost of staff time expended in district formation and administration activities in perpetuity, resulting in no
net fiscal impact to the General Fund or Development Services Fund.
ONGOING FISCAL IMPACT
In future years, the City will recover the full cost of staff time expended in administrativeactivities in
perpetuity, resulting in no net fiscal impact to the General Fund or Development Services Fund.
ATTACHMENTS
1.Recorded Boundary Map
2.Special Tax Report
3.Description of Services
4.Cost Estimate
5.Example Levy Calculation
Staff Contact: Scott Barker, Transportation Engineer, Development Services Department
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Attachment 3
Community Facilities District No. 14M-2(Eastern Urban Center/Millenia)
Description of Services
The types of services to be funded by special taxes levied within the District(“Services”) shall
include maintenance and servicing of the following facilities and any administrative expenses
related thereto:
I. STREET FRONTAGE MAINTENANCE
Eastlake Parkway
Trees
Palms
Planting Areas/Irrigation/Recycled water
Rodent Control
Enhanced paving
Birch Road
Trees
Palms
Planting Areas/Irrigation/Recycled water
Rodent Control
Enhanced paving
Recycled Water Irrigation Meters
Back flow preventer inspection
Wireless for irrigation controller
Trash Receptacles
Bike rack
Benches
Bus Rapid Transit Facility
Palms
Planting Areas/Irrigation/Recycled water
Rodent Control
Decomposed Granite
Medians
Eastlake Pkwy (Birch to Hunte Parkway) -50%
Birch (I-125 to Eastlake Parkway) -100%
Pedestrian Bridge (over Eastlake Parkway)
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Bus Stop
Trash receptacles
Maintenance
II. PARK MAINTENANCE (PUBLIC URBAN PARKS)
Frontages
Trees –shade
Palms
Planting Areas/Irrigation/Recycled water
Rodent Control
Recycled Water Irrigation Meters
Back flow preventer inspections
Wireless forirrigation controller
Enhanced paving
Porous pavers
Decomposed Granite
Uplighting
Decorative Lighting
Planting/Irrigation
Trees –shade
Trees –ornamental
Palms
Planting Areas/Irrigation/Recycled water
Sod/Irrigation/Recycled Water
Rodent Control
Recycled Water Irrigation Meters
Potable Water Irrigation Meters
Wireless for irrigation controller
Back flow preventer inspections
Hardscape
Seat Wall
Flatwork
Pedestrian paving (concrete and pavers)
Decomposed granite
Playground surfacing
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Site Furniture
Bike Racks
Trash Receptacles/Collection
Dog Waste Bag Dispenser/Collection/Disposal
Benches
Picnic Tables
Moveable Tables and Chairs
Umbrellas
Decorative Lighting
Metalwork
Metal fence/gate
Site Amenities/Features
Fountain
Fountain –Interactive or large
Spray Park
SCADA Monitoring System
Signageand Wayfinding Elements
Sculpture and Art Elements
Playground Equipment
Overlook Platform
Tree House
Outdoor Theater
Regional Trail
Regional trail
Structures
Restrooms andMaintained storage
Gazebo andPavilion
Trellis, Overhead Structure
Athletic Facilities
Basketball Court
Tennis Court
III. BIORETENTION MAINTENANCE
Bioretention Basins
Inspection/Ongoing Maintenance
Replacement 3 times per 100 years
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IV. STORM WATER MAINTENANCE
Wolf Canyon Detention Basin
Vegetation Removal
Silt Removal Maintenance
Silt Removal Screen Replacement
Engineer’s Inspection
Periodic Inspection and Maintenance
Poggi Canyon
Channel
Detention Basin
Birch Street Filters
Vactor Truck Replacement
For purposes of this description of the Services to be funded by the levy of Special Taxes within
the District, “maintenance” includes, but is not limited to, the furnishing of services and materials
for the ordinary and usual maintenance, operation, and servicing of any of the facilities, including:
(a) Repair, removal, or replacement of all or any part of any facilities.
(b) Providing for the life, growth, health, and beauty of landscaping, including cultivation,
irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
(c) The removal of trimmings, rubbish, debris, silt, and other solid waste.
(d) The cleaning, sandblasting, and painting of walls and other facilities to remove or cover
graffiti.
(e) The elimination, control, and removal of rodents and vermin.
For purposes of this description of the Services to be funded by Special Taxes levied within the
District, “servicing” includes, but is not limited to, the furnishing of:
(a) Electric current or energy,gas, or other illuminating agent for any public lighting for
the facilities or for the lighting or operation of any other improvements related thereto.
(b) Water for the irrigation of any landscaping, the operation of any fountains, or the
maintenance of any other facilities.
For purposes of this description of the Services to be funded by the levy of Special Taxes within
the District, “administrative expenses” means the actual or estimated costs incurred by the City,
acting for and on behalf of the District as the administrator thereof, to determine, levy and collect
the Special Taxes within the District, including salaries of City employees and a proportionate
amount of the City’s general administrative overhead related thereto, and the fees of consultants
and legal counsel providing services related to the administration of the District; the costs of
collecting installments of the Special Taxes levied within the District; and any other costs required
to administer the Districtas determined by the City.It is expected that the services will be provided
by the City, either with its own employees or by contract with third parties, or any combination
thereof.
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RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICTNO. 14M-2 (EASTERN URBAN
CENTER/MILLENIA)FORMINGANDESTABLISHINGSUCH
COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING SUBMITTAL
OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORSOF
SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Councilof the City of Chula Vista, California(the “City Council”),
has previously declared its intention toform a community facilities district and ordered the
preparation of a community facilities district report relating to the initiation of proceedings to
create such community facilities district pursuant to the terms and provisions of the “Mello-Roos
Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California (the “Act”) and the City of Chula Vista Community
Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista
under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the
“Ordinance”) (the Act and the Ordinance may be referred to collectively as the “Community
Facilities District Law”). This community facilities district shall hereinafter be referred to as
Community Facilities District No. 14M-2(Eastern Urban Center/Millenia) (“CFD No. 14M-2”);
and
WHEREAS, notice of a public hearing relating to the establishment of CFD No. 14M-2,
the extent of CFD No. 14M-2, the financing of certain types of services and all other related
matters has been given, and a community facilities district report(the “CFD No. 14M-2
Report”), as ordered by this City Council, has been presented to this City Council and has been
made a part of the record of the hearing to establish CFD No. 14M-2; and
WHEREAS, all communications relating to the establishment of CFD No. 14M-2, the
proposed services and the rateand methodof apportionment of the special tax proposed to be
levied within CFD No. 14M-2have been presented, and it has further been determined that a
majority protest as defined by law has not been received against these proceedings or the levy of
the special tax within CFD No. 14M-2; and
WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing
within the territory of CFD No. 14M-2for at least the preceding ninety (90) days, the
authorization to levy special taxes within CFD No. 14M-2shall be submitted to the landowners
of CFD No. 14M-2, such landowners being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1.Recitals.The above recitals are all true and correct.
SECTION 2.Determinations.It is hereby determined by this City Council that:
A.All prior proceedings pertaining to the formation of CFD No. 14M-2were valid
and taken in conformity with the requirements of the law, and specifically the
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provisions of the Community Facilities District Law, and that this finding and
determination is made pursuant to the provisions of Government Code Section
53325.1.
B.The written protests received, if any, do not represent a majority protest as
defined by the applicable provisions of the Community Facilities District Law
and, therefore, the special tax proposed to be levied within CFD No. 14M-2has
not been precluded by majority protest pursuant to Section 53324 of the
Government Code of the State of California.
C.CFD No. 14M-2as proposed conforms with the City of Chula Vista Statement of
Goals and Policies Regarding the Establishment of Community Facilities Districts
(the “Goals and Policies”), as amended.
D.Less than twelve (12) registered voters have resided within the territory of CFD
No. 14M-2for each of the ninety (90) days preceding the close of the public
hearing, therefore, pursuant to the Act the qualified electors of CFD No. 14M-2
shall be the landowners of CFD No. 14M-2as such term is defined in
Government Code Section 53317(f) and each such landowner who is the owner of
record as of the close of the public hearing, or the authorized representative
thereof, shall have one vote for each acre or portion of an acre of land that she or
he owns within CFD No. 14M-2.
E.The time limit specified by the Community Facilities District Law for conducting
an election to submit the levy of the special taxes to the qualified electors of CFD
No. 14M-2and the requirements for impartial analysis and ballot arguments have
been waived with the unanimous consent of the qualified electors of CFD No.
14M-2.
F.The City Clerk, acting as the election official, has concurred in the shortening of
time for conducting the election.
SECTION 3.Community Facilities District Report.The CFD No. 14M-2District
Report, as now submittedby Spicer Consulting Group, Special Tax Consultant, shall stand as the
report required pursuant to Government Code Section 53321.5for all future proceedings and all
terms and contents are approved as set forth therein.
SECTION 4.Name of District.The City Councildoes hereby establish and declare
the formation of CFD No. 14M-2known and designated as “Community Facilities District No.
14M-2(Eastern Urban Center/Millenia).”
SECTION 5.Boundaries of CFD No. 14M-2. The boundaries of CFD No. 14M-2are
generally described as follows:
All property within the boundaries of Community Facilities District No. 14M-2(Eastern Urban
Center/Millenia), as shown on a boundary map as previously approved by this legislative body,
such map designated “Proposed Boundaries of Community Facilities District No. 14M-2
(Eastern Urban Center/Millenia), City of Chula Vista, County of San Diego, State of California,”
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a copy of which is on file in the Office of the City Clerk. The boundary map of the proposed
District wasfiled on April 5, 2019 pursuant to Sections 3111 and 3113 of the Streets and
Highways Code of the State of California in the Office of the County Recorder of the County of
San Diego(the “County”), at Page 83of Book 47of the Book of Maps of Assessment and
Community Facilities Districts of the County as Document Number 2019-7000131.
SECTION 6.Description of Services. It is the intention of this City Council to
finance certain services (the “Services”) that are in addition to those provided in or required for
the territory within CFD No. 14M-2and will not be replacing services already available. A
general description of the services to be providedis provided in Exhibit A attached heretoand by
this reference incorporated herein.
Maintenance shall include, but not be limited to, the provision of all labor, material,
administration, personnel, equipment and utilities necessary to maintain the improvements listed
in Exhibit A.
SECTION 7.Special Tax. Except where funds are otherwise available,special taxes
sufficient to pay for the Services, to establish or replenish a reserve fund, to cover the
replacement costs of park or other public improvements within theDistrict and to pay related
incidental expenses authorized by the Community Facilities District Law, secured by recordation
of a continuing lien against all non-exempt real property in CFD No. 14M-2, are hereby
authorized, subject to voter approval, to belevied annually within the boundaries of CFD No.
14M-2. For further particulars as to the rate and method of apportionment of the special taxes
proposed to be levied within CFD No. 14M-2, reference is made to the attached and incorporated
Exhibit B,which sets forth in sufficient detail the rate and method of apportionment to allow
each landowner or resident within CFD No. 14M-2to clearly estimate the maximum amount that
such person will have to pay for such services.
Under no circumstances will the special tax levied in any fiscal year against any
residential parcel be increased as a consequence of delinquency or default by the owner or
owners of any other parcel or parcels within CFD No. 14M-2by more than 10 percent (10%)
above the amount that would have been levied in that fiscal year had there never been any such
delinquencies or defaults. A parcel shall be considered “used for private residential purposes”
not later than the date on which an occupancy permit or the equivalent for private residentialuse
is issued for such parcel.
The special taxes herein authorized shall be collected in the same manner as ad valorem
property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any
case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative
body may, by resolution, establish and adopt an alternate or supplemental procedure as
necessary. Any special taxes that may not be collected on the County tax roll shall be collected
through a direct billing procedure by the Treasurer of the City of Chula Vista, acting for and on
behalf of CFD No. 14M-2.
Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the
Streets and Highways Code of the State of California, a continuing lien to secure each levy of the
special tax shall attach to all non-exempt real property in CFD No. 14M-2and this lien shall
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continue in force and effect until the lien is canceled in accordance with law or until collection of
the tax by the legislative body ceases. The special tax obligation for any parcel may not be
prepaid.
SECTION 8.Special Tax Accountability Measures. Pursuant to and in compliance
with the provisions of Government Code Section 50075.1, this City Council hereby establishes
the followingaccountability measures pertaining to the levy by CFD No. 14M-2of the special
taxes described in Section 7 above:
A.Each such special tax shall be levied for the specific purposes set forth in Section
7. above.
B.The proceeds of the levy of each such specialtax shall be applied only to the
specific applicable purposes set forth in Section 7. above.
C.CFD No. 14M-2shall establish a separate account into which the proceeds of
each such special tax shall be deposited.
D.The Director of Financeor his designee, acting for and on behalf of CFD No.
14M-2, shall annually file a report with the City Council as required pursuant to
Government Code Section 50075.3.
SECTION 9.Preparation of Annual Tax Roll. The name, address and telephone
number of the office, department or bureau which will be responsible for preparing annually a
current roll of special tax levy obligations by assessor's parcel number and which shall be
responsible for estimating future special tax levies pursuant to Section 53340.2of the
Government Code of the State of California, are as follows:
Public Works Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
(619) 691-5021
SECTION 10.Election. This legislative body herewith submits the levy of the special
taxes to the qualified electors of CFD No. 14M-2, such electors being the landowners within
CFD No. 14M-2, with each landowner having one (1) vote for each acre or portion thereof of
land which he or she owns within CFD No. 14M-2.
This legislative body hereby further directs that a separate ballot proposition relating to
the levy of the above referenced special taxes within CFD No. 14M-2be combined and
consolidated with the proposition set forth in Section 11 below relating to the establishment of an
appropriations limit for CFD No. 14M-2.
The proposition related to the levy of the special taxes, together with a proposition to
establish an appropriations limit for CFD No. 14M-2, shall be submitted to the qualified electors
of CFD No. 14M-2at a special election to be held on (a) May 7, 2019, immediatelyfollowing
the adoption of this resolution or (b) such other date as the qualified electors and the City Clerk
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may mutually agree and such election shall be a special election to be conducted by the City
Clerk (hereinafter referred to as the “Election Official”). If either or both of the propositions for
the levy of the special taxes receive the approval of more than two-thirds (2/3rds) of the votes
cast on the proposition, the special tax thereby approved may be levied as provided for in this
Resolution.
SECTION 11.Ballot Proposals. The ballot proposals to be submitted to the qualified
electors of CFD No. 14M-2at the election shall generally be as follows:
PROPOSITION A
Shall Community Facilities District No. 14M-2(Eastern Urban Center/Millenia), subject to the
accountability measures required pursuant to Government Code Section 50075.1, levy a special
tax throughout Community Facilities District No. 14M-2 (Eastern Urban Center/Millenia)
pursuant to the rate and method of apportionment attached as Exhibit Bto thisballot for the
purposes of financing the services described in Exhibit Ato this ballot?
PROPOSITION B
Shall Community Facilities District No. 14M-2(Eastern Urban Center/Millenia) establish an
Article XIIIB appropriations limit equal to $6,000,000?
SECTION 12.Vote. The appropriate mark placed in the voting square after the word
“YES” shall be counted in favor of the adoption of the proposition, and the appropriate mark
placed in the voting square after the word “NO” in the manner as authorized, shall be counted
against the adoption of such proposition.
SECTION 13.Election Procedure. The Election Official is hereby authorized to take
any and all steps necessary for holding the above election. The Election Official, or her
designee,shall perform and render all services and proceedings incidental to and connected with
the conduct of the election, including but not limited to, the following:
1.Prepare and furnish the necessary election supplies for the conduct of the election.
2.Cause to be printed the requisite number of official ballots, tally sheets and other
necessary forms.
3.Furnish official ballots for the qualified electors of CFD No. 14M-2.
4.Cause the official ballots to be presented to the qualified electors, as required by
law.
5.Receive the returns of the election and supplies.
6.Sort and assemble the election material and supplies in preparation for the
canvassing of the returns.
7.Canvass the returns of the election.
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8.Furnish a tabulation of the number of votes given in the election.
9.Conduct and handle all other matters relating to the proceedings and conduct of
the election in the manner and form as required by law.
SECTION 14.Effective Date. This Resolution shall become effective immediately upon
its adoption.
PREPARED BY:APPROVED AS TO FORM BY:
Kelly G. Broughton, FASLAGlen R. Googins
Director of Development ServicesCity Attorney
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EXHIBIT A
DESCRIPTION OF SERVICES
The types of services to be funded by special taxes levied within CFD No. 14M-2(“Services”)
shall include maintenanceand servicing of the following facilities and any administrative
expenses related thereto:
I. STREET FRONTAGE MAINTENANCE
Eastlake Parkway
Trees
Palms
Planting Areas/Irrigation/Recycled water
Rodent Control
Enhanced paving
Birch Road
Trees
Palms
Planting Areas/Irrigation/Recycled water
Rodent Control
Enhanced paving
Recycled Water Irrigation Meters
Back flow preventer inspection
Wireless for irrigation controller
Trash Receptacles
Bike rack
Benches
Bus Rapid Transit Facility
Palms
Planting Areas/Irrigation/Recycled water
Rodent Control
Decomposed Granite
Medians
Eastlake Pkwy (Birch to Hunte Parkway) -50%
Birch (I-125 to Eastlake Parkway) -100%
Pedestrian Bridge (over Eastlake Parkway)
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Bus Stop
Trash receptacles
Maintenance
II. PARK MAINTENANCE (PUBLIC URBAN PARKS)
Frontages
Trees –shade
Palms
Planting Areas/Irrigation/Recycled water
Rodent Control
Recycled Water Irrigation Meters
Back flow preventer inspections
Wireless for irrigation controller
Enhanced paving
Porous pavers
Decomposed Granite
Uplighting
Decorative Lighting
Planting/Irrigation
Trees –shade
Trees –ornamental
Palms
Planting Areas/Irrigation/Recycled water
Sod/Irrigation/Recycled Water
Rodent Control
Recycled Water Irrigation Meters
Potable Water Irrigation Meters
Wireless for irrigation controller
Back flow preventer inspections
Hardscape
Seat Wall
Flatwork
Pedestrian paving (concrete and pavers)
Decomposed granite
Playground surfacing
Site Furniture
Bike Racks
Trash Receptacles/Collection
Dog Waste Bag Dispenser/Collection/Disposal
Benches
Picnic Tables
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Moveable Tables and Chairs
Umbrellas
Decorative Lighting
Metalwork
Metal fence/gate
Site Amenities/Features
Fountain
Fountain –Interactive or large
Spray Park
SCADA Monitoring System
Signage and Wayfinding Elements
Sculpture and Art Elements
Playground Equipment
Overlook Platform
Tree House
Outdoor Theater
Regional Trail
Regional trail
Structures
Restrooms and Maintained storage
Gazebo and Pavilion
Trellis, OverheadStructure
Athletic Facilities
Basketball Court
Tennis Court
III. BIORETENTION MAINTENANCE
Bioretention Basins
Inspection/Ongoing Maintenance
Replacement 3 times per 100years
IV. STORM WATER MAINTENANCE
Wolf Canyon Detention Basin
Vegetation Removal
Silt Removal Maintenance
Silt Removal Screen Replacement
Engineer’s Inspection
Periodic Inspectionand Maintenance
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Poggi Canyon
Channel
Detention Basin
Birch Street Filters
Vactor Truck Replacement
For purposes of this description of the Services to be funded by the levy of Special Taxes
within CFD No. 14M-2, “maintenance” includes, but is not limited to, the furnishing of services
and materials for the ordinary and usual maintenance, operation, and servicing of any of the
facilities, including:
(a)Repair, removal, or replacement of all or any part of any facilities.
(b)Providing for the life, growth, health, and beauty of landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
(c)The removal of trimmings, rubbish, debris, silt, and other solid waste.
(d)The cleaning, sandblasting, and painting of walls and other facilities to remove or
cover graffiti.
(e)The elimination, control, and removal of rodents and vermin.
For purposes of this description of the Services to be funded by Special Taxes levied
within CFD No. 14M-2, “servicing” includes, but is not limited to, the furnishing of:
(a)Electric current or energy, gas, or other illuminating agent for any public lighting
for the facilities or for the lighting or operation of any other improvements related thereto.
(b)Water for the irrigation of any landscaping, the operation of any fountains, or the
maintenance of any other facilities.
For purposes of this description of the Services to be funded by the levy of Special Taxes within
CFD No. 14M-2, “administrative expenses” means the actual or estimated costs incurred by the
City, acting for and on behalf of CFD No. 14M-2as the administrator thereof, to determine, levy
and collect the Special Taxes within CFD No. 14M-2, including salaries of City employees and a
proportionate amount of the City’s general administrative overhead related thereto, and the fees
of consultants and legal counsel providing services related to the administration of CFD No.
14M-2; the costs of collecting installments of the Special Taxes levied within CFD No. 14M-2;
and any other costs required to administer CFD No. 14M-2as determined by the City. It is
expected that the services will be provided by the City, either with its own employees or by
contract with third parties, or any combination thereof.
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EXHIBIT B
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 14M-2
(EASTERN URBAN CENTER/MILLENIA)
A Special Tax of Community Facilities District No. 14M-2 (Eastern Urban Center/Millenia)
(“CFD No. 14M-2”) of the City of Chula Vista shall be levied on all Taxable Property in CFD
No. 14M-2 and collected each Fiscal Year commencing in Fiscal Year 2019-2020 in an amount
determined through the application of the rate and method of apportionment of the Special Tax
set forth below. All such Taxable Property shall be taxed for the purposes, to the extent, and in
the manner herein provided. Taxable Property shall not be subject to the Special Taxes of CFD
No. 14M-2 until the lien of the special taxes of CFD No. 14M IA 1 (defined below) with respect
to such Taxable Property has been cancelled.
DEFINITIONS
The terms hereinafter set forth have the following meanings:
“‘A’ Map”shall mean a master final subdivision or parcel map, filed in accordance with the
Subdivision Map Act (California Government Code Section 66410 et seq.) and the Chula Vista
Municipal Code, which subdivides the land or a portion thereof shown on a tentative map into
“super block” lots corresponding to units or phasing of combination of units as shown on such
tentative map and which may further show open space lot dedications, backbone street
dedications and utility easements required to serve such “super block” lots.
“Acre”or“Acreage”means the land area of an Assessor’s Parcel as shown on an Assessor’s
Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on
the applicable Final Subdivision Map, other final map, other parcel map, other condominium
plan, or functionally equivalent map or instrument recorded in the Office of the County
Recorder. In the event that parcel acreage information is not available from the sources
previously listed, San Diego County GIS data may be utilized. The square footage of an
Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
“Act”means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
Part 1, Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses”means the actual or estimated costs incurred by the City, acting for
and on behalf of CFD No. 14M-2 as the administrator thereof, to determine, levy and collect the
Special Taxes within CFD No. 14M-2, including salaries and benefits of City employees and a
proportionate amount of the City’s general administrative overhead related thereto, and the fees
of consultants and legal counsel providing services related to the administration of CFD No.
14M-2; the costs of collecting installments of the Special Taxes within CFD No. 14M-2; and any
other costs required to administer CFD No. 14M-2 as determined by the City.
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“Apartment Property” means a Dwelling Unit within a building comprised of attached
residential Dwelling Units available for rental by the general public, not for sale to an end user,
and under common management, as determined by the CFD Administrator.
“Approved Property” means all Assessor’s Parcels of Taxable Property: (i) that are included in
an ‘A’ Map, excluding lettered lots thereon, or a Final Subdivision Map, excluding lettered lots
st
thereon, that were recorded prior to the March 1preceding the Fiscal Year in which the Special
st
Tax is being levied, and (ii) that have not been issued a building permit prior to the March 1
preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor’s Parcel”means a lot or parcelshown in an Assessor’s Parcel Map with an assigned
assessor’s parcel number.
“Assessor’s Parcel Map”means an official map of the Assessor of theCounty designating
parcels byassessor’s parcel number.
“Attached Residential Property”means all Assessor’s Parcels of Developed Property for
which a building permit has been issued for a residential structure consisting of two or more
residential Dwelling Units that share common walls, including, but not limited to, duplexes,
triplexes, townhomes, and condominiums, as determined by the CFD Administrator.
“CFD Administrator”means an official of the City, or designee thereof, responsible for
determining the CFD No. 14M-2 Special Tax Requirement and providing for the levy and
collection of the Special Taxes.
“CFD No. 14M”means Community Facilities District No. 14M (Eastern Urban Center/Millenia
established by the City of Chula Vista under the Act and the CFD Ordinance.
“CFD No. 14M IA 1”means Improvement Area No. 1 of Community Facilities District No.
14M (Eastern Urban Center/Millenia) established by the City of Chula Vista under the Act and
the CFD Ordinance.
“CFD No. 14M IA 1 RMA” means the Rate and Method of Apportionment set forth in the
Notice of Special Tax Lien for CFD No. 14M IA 1 recorded in the Official Records of the San
Diego County Recorder on February 21, 2014, as Doc. #2014-0071300.
“CFD No. 14M IA 1 Special Tax Requirement” shall have the meaning given the term
“Improvement Area No. 1 Special Tax Requirement” in the CFD No. 14M IA 1 RMA.
“CFD No. 14M-2”means Community Facilities District No. 14M-2 (Eastern Urban
Center/Millenia) established by the City of Chula Vista under the Act and the CFD Ordinance.
“CFD No. 14M-2 Special Tax Requirement”means that amount calculated in Section D.
required in any Fiscal Year for CFD No. 14M-2 to: (i) pay the Operating Fund Requirement; (ii)
pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (iii) pay for reasonably anticipated delinquent Special Taxes within CFD No.
14M-2 based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less
(b) a credit for funds available to reduce the annual Special Tax levy, including the excess, if
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any, in the Reserve Fund above the Reserve Fund Requirement and any amount remaining in the
Operating Fund that is available to pay the Operating Fund Requirement in such Fiscal Year.
“CFD No. 14M-2 Boundary Map” means a recorded map of theCFD No. 14M-2 which
indicates the boundaries of the CFD No. 14M-2.
“CFDOrdinance”meansthe City of Chula Vista Community Facilities District Ordinance, as
originally enacted and as subsequently amended pursuant to the powers reserved by the City
under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California
“City”means the City of Chula Vista.
“City Clerk” means the City Clerk for the City of Chula Vista or his or her designee.
“City Manager” means the City Manager for the City of Chula Vista or his or her designee.
“Community Purpose Facility Property”or“CPF Property” means allAssessors’ Parcels
which are classified as community purpose facilities and meet the requirements of City of Chula
Vista Ordinance No. 2452.
“Council”means the City Council of the City of Chula Vista, acting as the legislative body of
the CFD No. 14M-2.
“County”means the County of San Diego, California.
“Detached Residential Property”means all Assessor’s Parcels of Developed Property for
which a building permit has been or may be issued for purposes of constructing a detached
Dwelling Uniton an Assessor’s Parcel. Such Residential Unit does not or will not share a
common wall with another residential Dwelling Unit, as determined by the CFD Administrator.
“Developed Property”means all Taxable Property for which a building permit was issued prior
to the March 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit”means each separate residential dwelling unit that comprises an independent
facility separate from adjacent residential dwelling units.
“Final Subdivision Map”means a subdivision of property creating buildable lots by recordation
of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California
Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to
California Civil Code 4285, that creates individual lots for which building permits may be issued
without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which
the Special Tax is being levied.
“Fiscal Year”means the period starting July 1 and ending on the following June 30.
“Land Use Class”means any of the classes listed in Table 1.
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“Maximum Special Tax”means the maximum Special Tax, determined in accordance with
Section C below, that may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable
Property.
“Mixed-Use Property”means all Assessor’s Parcels that have been classified by the City to
allow both Residential Property and Non-Residential Property uses on each such Assessor’s
Parcel.For an Assessor’s Parcel of Mixed-Use Property, only the Residential Land Use Class
thereon is subject to taxation pursuant to the provisions of Section C.
“Non-Residential Property”means all Assessor’s Parcels of Developed Property for which a
buildingpermit(s) has been issued for a structure or structures for non-residential use.
“Operating Fund” means a fund that shall be maintained by the City for CFD No. 14M-2 for
each Fiscal Year to pay for the authorized maintenance services as described in CFD No. 14M-2
special tax report and Administrative Expenses.
“Operating Fund Requirement”means, for any Fiscal Year, an amount equal to the budgeted
costs for CFD No. 14M-2. The budgeted costs for CFD No. 14M-2 shall equal the budget costs
of park maintenance, landscape maintenance, street frontage maintenance, bio-retention
maintenance, storm water maintenance, and the maintenance, repair and replacement of the
facilities and improvements, which have been accepted and or maintained by the City during the
current Fiscal Year; plus the budgeted Administrative Expenses for the current Fiscal Year in
which Special Taxes are levied.
“Overall Special Tax Requirement”means that amount required in any Fiscal Year to be
included in the CFD No. 14M-2 Special Tax Requirement and the CFD No. 14M IA 1 Special
Tax Requirement as determined in Section D.
“Property Owner Association Property”means anyproperty within the CFD No. 14M-2
boundaries that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the
County Recorde r to, a property owner association, including any master or sub-association.
“Proportionately”means in a manner such that the ratio of the actual Special Tax levy to the
Maximum Special Tax is equal for all Assessor’s Parcels of Taxable Property within each Land
Use Class.
“Public Property”means any property within CFD No. 14M-2 boundaries that has provided
proof to the City prior to March 1st preceding the Fiscal Year in which the Special Tax is being
levied, that it is expected to be used for any public purpose and is owned by or dedicated to the
federal government, the State, the County, the City or any other public agency.
“Reserve Fund”means a fund that shall be maintained for CFD No. 14M-2 for each Fiscal Year
to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of
Special Taxes within CFD No. 14M-2 and a reasonable buffer to prevent large variations in
annual Special Tax levies within CFD No. 14M-2.
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“Reserve Fund Requirement”means an amount equal to up to 100% of the CFD No. 14M-2
Operating Fund Requirement for any Fiscal Year.
“Residential Property”means all Assessor’s Parcels of Developed Property classified as
Apartment Property, Attached Residential Property, or Detached Residential Property for which
a building permit(s) has been issued for purposes of constructing one or more residential
Dwelling Units.
“Special Tax” means the Special Tax levied pursuant to the provisions of sections D and E
below in each Fiscal Year on each Assessor’s Parcel of Developed Property, Approved Property,
and Undeveloped Property in CFD No. 14M-2 to fund the CFD No. 14M-2 Special Tax
Requirement.
“State”means the State of California.
“Taxable CPF Property”means all CPF Property which is not exempt from the Special Tax
pursuant to Section F below.
“Taxable Property”means, all of the Assessor’s Parcels within the boundaries of CFD No.
14M-2 that are not exempt from the Special Tax pursuant to law or as defined below under Tax-
Exempt Property.
“Taxable Property Owner Association Property”means all Property Owner Association
Property which is not exempt from the Special Tax pursuant to Section F below.
“Tax-Exempt Property”means an Assessor’s Parcel not subject to the Special Tax. Tax-
Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Property
excluding Taxable Property Owner Association Property, or (iii) Assessor’s Parcels of Taxable
CPF Property that is owned by a non-profit organization and has provided proof to the City prior
st
to the March 1preceding the Fiscal Year in which the Special Tax is being levied of the
organization’s non-profit status, or (iv) Assessor’s Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement.
“Undeveloped Property”means, for each Fiscal Year, all Taxable Property not classified as
Developed Property, Approved Property, Taxable Property Owner Association Property, or
Taxable CPF Property.
ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, each Assessor’s Parcel within CFD No. 14M-2
shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel
of Taxable Property shall be further classified as Developed Property, Approved Property,
Undeveloped Property, Taxable Property Owner Association Property, and Taxable CPF
Property.
Each Assessor’s Parcel classified asDeveloped Property shall be further assigned to a Land Use
Class as specified in Table 1. The Land Use Class of each Assessor’s Parcel of Residential
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Property or Mixed-Use Property shall be determined based on the records of the San Diego
County Assessor, or other such information provided by the City.
Taxable Property Owner Association Property and Taxable CPF Property shall be taxed as Non-
Residential Property when any such Assessor’s Parcel is classified as Developed Property. If
any such Assessor’sParcel is undeveloped, it shall be classified as Undeveloped Property.
MAXIMUM SPECIAL TAX RATE
1.Developed Property
TABLE 1
MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY
Land Use Maximum
ClassDescriptionSpecial Tax (FY 2018/19)
1Apartment Property$206.82 per Dwelling Unit
2Attached Residential Property$275.76 per Dwelling Unit
3Detached Residential Property$344.70 per Dwelling Unit
4Non-Residential Property$1,377.71 per Acre
Mixed-Use Property Land Use Classes
The Maximum Special Tax that may be levied on Mixed Use Property Assessor’s Parcel shall
only be levied on the Residential Property Land Use Class(es) located on that Assessor Parcel(s).
Sample Maximum Special Tax Calculation for Mixed Use Property
Under the proposed example, assume that Assessor’s Parcel Number 1 is classified as a Mixed-
Use Property. Assessor’s Parcel Number 1 is a 2 Acre parcel that contains Non-Residential
Property consisting of 10,000 square feet of retail shops and Apartment Property consisting of 10
residential Dwelling Units. The following table shows what the expected annual Maximum
Special Tax would be for Assessor’s Parcel Number 1.
No. of
Non-ResidentialResidential
AssessorResidentialPropertyPropertyTotal Annual
ParcelParcelDwelling
MaximumMaximumMaximum
(1)
No.AcreageUnitsSpecial TaxSpecial TaxSpecial Tax
12.0010$0.00$2,068.20$2,068.20
(1)
The Maximum Special Tax is based upon the initial Maximum Special Tax rates as defined in Table 1.
2.Approved Property and Undeveloped Property
The Maximum Special Tax for Approved Property and Undeveloped Property shall be $4,359.00
per Acre.
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Annual Escalation of Maximum Special Tax
On each July 1, commencing on July 1, 2019, the Maximum Special Tax for CFD No. 14M-2 as
shown in Tables 1 above that may be levied on each Assessor’s Parcel of Taxable Property in
CFD No. 14M-2 shall be adjusted by a factor equal to the greater of, the positive percentage
change in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items) for the
twelve-month period ending June 1 of the prior Fiscal Yearor 0%, provided the Maximum
Special Tax shall never be less than the amounts shown in Table1.
CALCULATION OF OVERALL SPECIAL TAX REQUIREMENT
PROPORTIONALITY
Each Fiscal Year, an Overall Special Tax Requirement for CFD No. 14M-2 and CFD No. 14M
IA 1 shall be calculated initially as the same amount as the CFD No. 14M IA 1 Special Tax
Requirement would have been calculated prior to the creation of CFD No. 14M-2.
Then, for purposes of the levy of Special Taxeswithin CFD No. 14M-2, the amount of the CFD
No. 14M-2 Special Tax Requirement shall be an amount equal to the Overall Special Tax
Requirement less the amount of the levy of special taxes in CFD No. 14M IA 1 on Developed
Property at 100% of the Maximum Special Tax (as such terms are defined in the CFD No. 14M
IA 1 RMA).
If the amount of Developed Property Maximum Special Taxes that can be collected in that Fiscal
Year within CFD No. 14M-2 exceeds the CFD No. 14M-2 Special Tax Requirement, then the
levy on Developed Property in both CFD No. 14M IA 1 and CFD No. 14M-2 shall be reduced
Proportionately to the amount required to fund the Overall Special Tax Requirement.
If the amount of Developed Property Maximum Special Taxes that can be collected in that Fiscal
Year within CFD No. 14M-2 is less than the CFD No. 14M-2 Special Tax Requirement, then all
Approved Property in both CFD No. 14M IA 1 and CFD No. 14M-2 shall be taxed
Proportionately, up to 100% of the applicable Maximum Special Tax, as necessary to satisfy the
Overall Special Tax Requirement, and the CFD No. 14M-2 Special Tax Requirement shall
include such amount to be levied on Approved Property in CFD No. 14M-2.
If the combined amount of Developed Property and Approved Property Special Taxes that can be
collected in that Fiscal Year within both CFD No. 14M IA 1 and CFD No. 14M-2 is less than the
Overall Special Tax Requirement, then all Undeveloped Property in both CFD No. 14M IA 1
and CFD No. 14M-2 shall be taxed Proportionately, up to 100% of the Maximum Special Tax, as
necessary to satisfy the Overall Special Tax Requirement, and the CFD No. 14M-2 Special Tax
Requirement shall include such amount to be levied on Undeveloped Property in CFD No.
14M-2.
If the combined amount of Developed Property, Approved Property, and Undeveloped Property
Special Taxes that can be collected in that Fiscal Year within both CFD No. 14M IA 1 and CFD
No. 14M-2 is less than the Overall Special Tax Requirement, then all Taxable Property Owner
Association Property and TaxableCPF Property in both CFD No. 14M IA 1 and CFD No. 14M-
2 shall be taxed Proportionately, up to 100% of the Maximum Special Tax, as necessary to
satisfy the Overall Special Tax Requirement, and the CFD No. 14M-2 Special Tax Requirement
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shall include such amount to be levied on all Taxable Property Owner Association Property and
Taxable CPF Property in CFD No. 14M-2.
METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR CFD No. 14M-2
Commencing with Fiscal Year 2019-2020, and for each following Fiscal Year, the Council shall
levy the Special Tax in CFD No. 14M-2 at the rates established pursuant to steps 1 through 4
below so that the amount of the Special Tax levied equals the CFD No. 14M-2 Special Tax
Requirement as determined in Section D above. The Special Tax shall be levied each Fiscal
Year as follows:
First:The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed
Property up to 100% of the applicable Maximum Special Tax for Developed Property;
Second: If additional monies are needed to satisfy the CFD No. 14M-2 Special Tax Requirement
after the first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax for
Approved Property;
Third: If additional monies are needed to satisfy the CFD No. 14M-2 Special Tax Requirement
after the first two steps have been completed, the Special Tax shall be levied Proportionately on
each Assessor’s Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for
Undeveloped Property;
Fourth: If additional moneys are needed to satisfy the CFD No. 14M-2 Special Tax Requirement
after the first three steps have been completed, the Special Tax shall be levied Proportionately on
each Assessor’s Parcel of Taxable Property Owner Association Property and Taxable CPF
Property, at up to 100% of the Maximum Special Tax for Taxable Property Owner Association
Property or Taxable CPF Property, as applicable.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor’s Parcel of Apartment Residential Property, Attached Residential Property, or Detached
Residential Property for which an occupancy permit for private residential use has been issued be
increased by morethan ten percent annually up to the Maximum Special Tax as a consequence
of delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 14M-2.
EXEMPTIONS
The CFD Administrator shall classify as Tax-Exempt Property (i) Assessor’s Parcels defined as
Public Property, (ii) Assessor’s Parcels defined as CPF Property that are owned by a non-profit
st
organization which provides proof to the City prior to March 1preceding the Fiscal Year in
which the Special Tax is being levied of the organization’s non-profit status, and (iii) Assessor’s
Parcels with public or utility easements making impractical their utilization for other than the
purposes set forth in the easement.
The CFD Administrator shall classify as Tax-Exempt Property within CFD No. 14M-2 those
Assessor’s Parcels defined as Property Owner’s Association Property or CPF Property provided
that no such classification would reduce the sum of all Taxable Property within CFD No. 14M-2
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to less than 80.06 Acres. Assessor’s Parcels defined as Property Owner Association Property
and CPF Property that cannot be classified as Tax-Exempt Property will be classified as Taxable
Property Owner Association Property or Taxable CPF Property and shall be taxed as part of the
fourth step in Section D.
The CFD Administrator will assign tax-exempt status in the chronological order in which
property becomes exempt Public Property or CPF Property or Tax-Exempt Property Owner
Association Property. However, should an Assessor’s Parcel no longer be classified as Public
Property or CPF Property or Tax-Exempt Property Owner Association Property, its tax-exempt
status will be revoked.
Taxable Property Owner Association Property and Taxable CPF Property that is not exempt
from the Special Tax under this sectionshall be subject to the levy of the Special Tax and shall
be taxed Proportionately as part ofthe fourth step in Section D above, at up to 100% of the
applicable Maximum Special Tax for Taxable Property Owner Association Property and Taxable
CPF Property.
APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of the Special
Tax levied on their Assessor’s Parcel is in error shall first consult with the CFD Administrator
regarding such error. If following such consultation, the CFD Administrator determines that an
error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on
such Assessor’s Parcel. If following such consultation and action, if any by the CFD
Administrator, the landowner or resident believes such error still exists; such person may file a
written notice with the City Clerk of the City appealing the amount of the Special Tax levied on
such Assessor’s Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy
of such notice to the City Manager who shall establish as part of the proceedings and
administration of CFD No. 14M-2, a special three-member committee (the “Review/Appeal
Committee”). The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee shall
interpret this Rate and Method of Apportionment and make determinations relative to the annual
administration of the Special Tax and any landowner or resident appeals, asherein specified.
The decision of the Review/Appeal Committee shall be final and binding as to all persons.
MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and at
the same time as ordinary ad valoremproperty taxes; provided, however, that the CFD
Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or
in a different manner if necessary to meet the financial obligations of CFD No. 14M-2 or as
otherwise determined appropriate by the CFD Administrator.
TERM OF SPECIAL TAX
Taxable Property of CFD No. 14M-2 shall remain subject to the Special Tax in perpetuity or
until the Council takes appropriate actions to terminate the Special Tax pursuant to the Act and
the CFD Ordinance.
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RESOLUTION NO. _________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 14M-2 (EASTERN URBAN CENTER/MILLENIA),
DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH
COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council of the City of Chula Vista California (the “City
Council”), has previously undertaken proceedings to create and did establish a community
facilitiesdistrict pursuant to the terms and provisions of the “Mello-Roos Community
Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code
of the State of California (the “Act”) and the City of ChulaVista Community Facilities
District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under
Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the
“Ordinance”) (the Act and the Ordinance may be referred to collectively as the “Community
Facilities District Law”). This community facilities district shall hereinafter be referred to as
Community Facilities District No. 14M-2 (Eastern Urban Center/Millenia) (“CFD No. 14M-
2”); and
WHEREAS, this City Council did call for and order to be held an election to submit
to the qualified electors of CFD No. 14M-2 separate propositions relating to the levy of special
taxes within CFD No. 14M-2 and the establishment of an appropriations limit for CFD No.
14M-2; and
WHEREAS, at this time said election has been held and the measures voted upon and
each such measure did receive the favorable 2/3's vote of the qualified electors, and this City
Council desires to declare the results of the election in accordance with theprovisions of the
Elections Code of the State of California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 14M-2 (EASTERN URBAN CENTER/MILLENIA), DOES HEREBY
RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1.Recitals.The above recitals are all true and correct.
SECTION 2.Approval of Results of the Election.This City Council hereby receives
and approves the Certificate of Election Official and Statement of Votes Cast (“Certificate of
Election Official”), as submitted by the City Clerk, acting in her capacity as the Election
Official, said Statement setting forth the number of votes cast in the election, the measures
voted upon, and the number ofvotes given for and/or against the measures voted upon. A
copy of said Certificate of Election Official is attached hereto, marked Exhibit “A”, referenced
and so incorporated.
SECTION 3.Entry of the Election Results in the Minutes.The City Clerk is hereby
directed, pursuant to the provisions of the Elections Code of the State of California, to enter
1
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in the minutes the results of the election as set forth in said Certificate of Election Official.
PREPARED BY:APPROVED AS TO FORM BY:
KellyG. Broughton FASLAGlen R. Googins
Director of Developmental ServicesCity Attorney
2
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EXHIBIT “A”
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO)ss.
CITY OF CHULA VISTA)
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections
Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 14M-2
(EASTERN URBAN CENTER/MILLENIA)
SPECIAL ELECTION
in said City, held May 7, 2019.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in CFD
No. 14M-2 in such City, and the whole number of votes cast for the Measures in CFD No. 14M-2 in said
City, and the totals of the respective columns and the totals as shown for the Measures are full, true and
correct.
1.VOTES CAST ON PROPOSITION A:YES
NO
2.VOTES CAST ON PROPOSITION B:YES
NO
WITNESS my hand this ________ day of __________________, 2019.
__________________________________________
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
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ORDINANCE NO. _________
ORDINANCE OF THE CITY OF CHULA VISTA ACTING AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 14M-2
(EASTERN URBAN CENTER/MILLENIA), AUTHORIZING THE LEVY OF A
SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Councilof the City of Chula Vista, California(the “City Council”),
has initiated proceedings, held a public hearing, conducted an election and received a favorable
vote from the qualified electors authorizing the levy of special taxes in a community facilities
district, all as authorized pursuantto the terms and provisions of the “Mello-Roos Community
Facilities Act of 1982,”being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of
the State of California (the “Act”) and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5
and 7 of Article XI of theConstitution of the State of California (the “Ordinance”) (the Act and
the Ordinance may be referred to collectively as the “Community Facilities District Law”). This
community facilities district shall hereinafter be referred to as Community Facilities District No.
14M-2(Eastern Urban Center/Millenia) (“CFD No. 14M-2”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 14M-2(EASTERN URBAN CENTER/MILLENIA), DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1.This City Council does, by the passage of this ordinance, authorize the levy
of special taxes on taxable properties located in CFD No. 14M-2pursuant to the Rate and Method
of Apportionment of Special Taxes as set forth in Exhibit “A” attached hereto and incorporated
herein by this reference (the “Rate and Method”).
SECTION 2.This City Council, acting as the legislative body of CFD No. 14M-2, is
hereby further authorized, by resolution, to annually determine the special tax to be levied within
CFD No. 14M-2 for the then current tax year or future tax years; provided, however, the special
tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the
Rate and Method.
SECTION 3.The special taxes herein authorized to be levied, to the extent possible, shall
be collected in the same manner as ad valorem property taxes and shall be subject to the same
penalties, procedure, sale and lien priority in any case of delinquency as applicable for advalorem
taxes; provided, however, CFD No. 14M-2may utilize a direct billing procedure for any special
taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the
special taxes at a different time or in a different manner if necessary to meet its financial
obligations.
SECTION 4.The special taxes authorized to be levied shall be secured by the lien
imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of
California, which lien shall be a continuing lien and shall secure each levy of the special taxes.
The lien of the special taxesshall continue in force and effect until the special tax ceases to be
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levied by the City Council in the manner provided in Section 53330.5 of said Government Code.
SECTION 5.This Ordinance shall be effective thirty (30) days after its adoption. Within
fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a
newspaper of general circulation in the City pursuant to the provisions of Chula Vista’s City
Charter, Section 312(b).
Introduced at a regular meeting of the City Council of the City of Chula Vista, California,
on May 7, 2019;
Enacted at a regular meeting of the City Council of the City of Chula Vista, California,
held on the 7thday of May, 2019, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PREPARED BY:APPROVED AS TO FORM BY:
Kelly G. Broughton FASLAGlen R. Googins
Director of Developmental ServicesCity Attorney
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EXHIBIT A
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 14M-2
(EASTERN URBAN CENTER/MILLENIA)
A Special Tax of Community Facilities District No. 14M-2 (Eastern Urban Center/Millenia)
(“CFD No. 14M-2”) of the City of Chula Vista shall be levied on all Taxable Property in CFD No.
14M-2 and collected each Fiscal Year commencing in Fiscal Year 2019-2020 in an amount
determined through the application of the rate and method of apportionment of the Special Tax set
forth below. All such Taxable Property shall be taxed for the purposes, to the extent, and in the
manner herein provided. Taxable Property shall not be subject to the Special Taxes of CFD No.
14M-2 until the lien of the special taxes of CFD No. 14M IA 1 (defined below) with respect to
such Taxable Property has been cancelled.
DEFINITIONS
The terms hereinafter set forth have the following meanings:
“‘A’ Map”shall mean a master final subdivision or parcel map, filed in accordance with the
Subdivision Map Act (California Government Code Section 66410 et seq.) and the Chula Vista
Municipal Code, which subdivides the land or a portion thereof shown on a tentative map into
“super block” lots corresponding to units or phasing of combination of units as shown on such
tentative map and which may further show open space lot dedications, backbone street dedications
and utility easements required to serve such “super block” lots.
“Acre”or“Acreage”means the land area of an Assessor’s Parcel as shown on an Assessor’s
Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on
the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan,
or functionally equivalent map or instrument recorded in the Office of the County Recorder. In
the event that parcel acreage information is not available from the sources previously listed, San
Diego County GIS data may be utilized. The square footage of an Assessor’s Parcel is equal to
the Acreage multiplied by 43,560.
“Act”means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
Part 1, Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses”means the actual or estimated costs incurred by the City, acting for
and on behalf of CFD No. 14M-2 as the administrator thereof, to determine, levy and collect the
Special Taxes within CFD No. 14M-2, including salaries and benefits of City employeesand a
proportionate amount of the City’s general administrative overhead related thereto, and the fees of
consultants and legal counsel providing services related to the administration of CFD No. 14M-2;
the costs of collecting installments of the Special Taxes within CFD No. 14M-2; and any other
costs required to administer CFD No. 14M-2 as determined by the City.
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“Apartment Property” means a Dwelling Unit within a building comprised of attached
residential Dwelling Units available for rental by the general public, not for sale to an end user,
and under common management, as determined by the CFD Administrator.
“Approved Property” means all Assessor’s Parcels of Taxable Property: (i) that are included in
an ‘A’ Map, excluding lettered lots thereon, or a Final Subdivision Map, excluding lettered lots
st
thereon, that were recorded prior to the March 1preceding the Fiscal Year in which the Special
st
Tax is being levied, and (ii) that have not been issued a building permit prior to the March 1
preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor’s Parcel”means a lot or parcel shown in an Assessor’s Parcel Map with an assigned
assessor’s parcel number.
“Assessor’s Parcel Map”means an official map of the Assessor of the County designating parcels
by assessor’s parcel number.
“Attached Residential Property”means all Assessor’s Parcels of Developed Property for which
a building permit has been issued for a residential structure consisting of two or more residential
Dwelling Units thatshare common walls, including, but not limited to, duplexes, triplexes,
townhomes, and condominiums, as determined by the CFD Administrator.
“CFD Administrator”means an official of the City, or designee thereof, responsible for
determining the CFD No. 14M-2 Special Tax Requirement and providing for the levy and
collection of the Special Taxes.
“CFD No. 14M”means Community Facilities District No. 14M (Eastern Urban Center/Millenia
established by the City of Chula Vista under the Act and the CFD Ordinance.
“CFD No. 14M IA 1”means Improvement Area No. 1 of Community Facilities District No. 14M
(Eastern Urban Center/Millenia) established by the City of Chula Vista under the Act and the CFD
Ordinance.
“CFD No. 14M IA 1 RMA” means the Rate and Method of Apportionment set forth in the Notice
of Special Tax Lien for CFD No. 14M IA 1 recorded in the Official Recordsof the San Diego
County Recorder on February 21, 2014, as Doc. #2014-0071300.
“CFD No. 14M IA 1 Special Tax Requirement” shall have the meaning given the term
“Improvement Area No. 1 Special Tax Requirement” in the CFD No. 14M IA 1 RMA.
“CFD No. 14M-2”means Community Facilities District No. 14M-2 (Eastern Urban
Center/Millenia) established by the City of Chula Vista under the Act and the CFD Ordinance.
“CFD No. 14M-2 Special Tax Requirement”means that amount calculated in Section D.
required in any Fiscal Year for CFD No. 14M-2 to: (i) pay the Operating Fund Requirement; (ii)
pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (iii) pay for reasonably anticipated delinquent Special Taxes within CFD No. 14M-
2 based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a
credit for funds available to reduce the annual Special Tax levy, including the excess, if any, in the
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Reserve Fund above the Reserve Fund Requirement and anyamount remaining in the Operating
Fund that is available to pay the Operating Fund Requirement in such Fiscal Year.
“CFD No. 14M-2 Boundary Map” means a recorded map of theCFD No. 14M-2 which indicates
the boundaries of the CFD No. 14M-2.
“CFD Ordinance”meansthe City of Chula Vista Community Facilities District Ordinance, as
originally enacted and as subsequently amended pursuant to the powers reserved by the City under
Sections 3, 5 and 7 of Article XI of the Constitution of the State of California
“City”means the City of Chula Vista.
“City Clerk” means the City Clerk for the City of Chula Vista or his or her designee.
“City Manager” means the City Manager for the City of Chula Vista or his or her designee.
“Community Purpose Facility Property”or“CPFProperty” means allAssessors’ Parcels
which are classified as community purpose facilities and meet the requirements of City of Chula
Vista Ordinance No. 2452.
“Council”means the City Council of the City of Chula Vista, acting as the legislative body ofthe
CFD No. 14M-2.
“County”means the County of San Diego, California.
“Detached Residential Property”means all Assessor’s Parcels of Developed Property for which
a building permit has been or may be issued for purposes of constructing a detached Dwelling Unit
on an Assessor’s Parcel. Such Residential Unit does not or will not share a common wall with
another residential Dwelling Unit, as determined by the CFD Administrator.
“Developed Property”means all Taxable Property for which a building permit was issued prior
to the March 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit”means each separate residential dwelling unit that comprises an independent
facility separate from adjacent residential dwelling units.
“Final Subdivision Map”means a subdivision of property creating buildable lots by recordation
of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California
Government Code Section 66410 et seq.), or recordation of a condominium planpursuant to
California Civil Code 4285, that creates individual lots for which building permits may be issued
without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which
the Special Tax is being levied.
“Fiscal Year”means the period starting July 1 and ending on the following June 30.
“Land Use Class”means any of the classes listed in Table 1.
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“Maximum Special Tax”means the maximum Special Tax, determined in accordance with
Section C below, that may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable
Property.
“Mixed-Use Property”means all Assessor’s Parcels that have been classified by the City to allow
both Residential Property and Non-Residential Property uses on each such Assessor’s Parcel. For
an Assessor’s Parcel of Mixed-Use Property, only the Residential Land Use Class thereon is
subject to taxation pursuant to the provisions of Section C.
“Non-Residential Property”means all Assessor’s Parcels of Developed Property for which a
building permit(s) has been issued for a structure or structures for non-residential use.
“Operating Fund” means a fund that shall be maintained by the City for CFD No. 14M-2 for each
Fiscal Year to pay for the authorized maintenance services as described in CFD No. 14M-2 special
tax report and Administrative Expenses.
“Operating Fund Requirement”means, for any Fiscal Year, an amount equal to the budgeted
costs for CFD No. 14M-2. The budgeted costs for CFD No. 14M-2 shall equal the budget costs
of park maintenance, landscape maintenance, street frontage maintenance, bio-retention
maintenance, storm water maintenance, and the maintenance, repair and replacement of the
facilities and improvements, which have been accepted and or maintained by the City during the
current Fiscal Year; plus the budgeted Administrative Expenses for the current Fiscal Year in
which Special Taxes are levied.
“Overall Special Tax Requirement”means that amount required in any Fiscal Year to be
included in the CFD No. 14M-2 Special Tax Requirement and the CFD No. 14M IA 1 Special Tax
Requirement as determined in Section D.
“Property Owner Association Property”means anyproperty within the CFD No. 14M-2
boundaries that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the
County Recorde r to, a property owner association, including any master or sub-association.
“Proportionately”means in a manner such that the ratio of the actual Special Tax levy to the
Maximum Special Tax is equal for all Assessor’s Parcels of Taxable Property within each Land
Use Class.
“Public Property”means any property within CFD No. 14M-2 boundaries that has provided
proof to the City prior to March 1st preceding the Fiscal Year in which the Special Tax is being
levied, that it is expected to be used for any public purpose and is owned by or dedicated to the
federal government, the State, the County, the City or any other public agency.
“Reserve Fund”means a fund that shall be maintained for CFD No. 14M-2 for each Fiscal Year
to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover
monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special
Taxes within CFD No. 14M-2 and a reasonable buffer to prevent large variations in annual Special
Tax levies within CFD No. 14M-2.
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“Reserve Fund Requirement”means an amount equal to up to 100% of the CFD No. 14M-2
Operating Fund Requirement for any Fiscal Year.
“Residential Property”means all Assessor’s Parcels of Developed Property classified as
Apartment Property, Attached Residential Property, or Detached Residential Property for which a
building permit(s) hasbeen issued for purposes of constructing one or more residential Dwelling
Units.
“Special Tax” means the Special Tax levied pursuant to the provisions of sections D and E below
in each Fiscal Year on each Assessor’s Parcel of Developed Property, Approved Property, and
Undeveloped Property in CFD No. 14M-2 to fund the CFD No. 14M-2 Special Tax Requirement.
“State”means the State of California.
“Taxable CPF Property”means all CPF Property which is not exempt from the Special Tax
pursuant to Section F below.
“Taxable Property”means, all of the Assessor’s Parcels within the boundaries of CFD No. 14M-
2 that are not exempt from the Special Tax pursuant to law or as defined below under Tax-Exempt
Property.
“Taxable Property Owner Association Property”means all Property Owner Association
Property which is not exempt from the Special Tax pursuant to Section F below.
“Tax-Exempt Property”means an Assessor’s Parcel not subject to the Special Tax. Tax-Exempt
Property includes: (i) Public Property, or (ii) Property Owner Association Property excluding
Taxable Property Owner Association Property, or (iii) Assessor’s Parcels of Taxable CPF Property
that is owned by a non-profit organization and has provided proof to the City prior to the March
st
1preceding the Fiscal Year in which the Special Tax is being levied of the organization’s non-
profit status, or (iv) Assessor’s Parcels with public or utility easements making impractical their
utilization for other than the purposes set forth in the easement.
“Undeveloped Property”means, for each Fiscal Year, all Taxable Property not classified as
Developed Property, Approved Property, Taxable Property Owner Association Property, or
Taxable CPF Property.
ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, each Assessor’s Parcel within CFD No. 14M-2 shall
be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of
Taxable Property shall be further classified as Developed Property, Approved Property,
Undeveloped Property, Taxable Property Owner Association Property, and Taxable CPF Property.
Each Assessor’s Parcel classified as Developed Property shall be further assigned to a Land Use
Class as specified in Table 1. The Land Use Class of each Assessor’s Parcel of Residential
Property or Mixed-Use Property shall be determined based on the records of the San Diego County
Assessor, or other such information provided by the City.
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Taxable Property Owner Association Property and Taxable CPF Property shall be taxed as Non-
Residential Property when any such Assessor’s Parcel is classified as Developed Property. If any
such Assessor’s Parcel is undeveloped, it shall be classified as Undeveloped Property.
MAXIMUM SPECIAL TAX RATE
1.Developed Property
TABLE 1
MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY
Land Use Maximum
ClassDescriptionSpecial Tax (FY 2018/19)
1Apartment Property$206.82 per Dwelling Unit
2Attached Residential Property$275.76 per Dwelling Unit
3Detached Residential Property$344.70 per Dwelling Unit
4Non-Residential Property$1,377.71 per Acre
Mixed-Use Property Land Use Classes
The Maximum Special Tax that may be levied on Mixed Use Property Assessor’s Parcel shall only
be levied on the Residential Property Land Use Class(es) located on that Assessor Parcel(s).
Sample Maximum Special Tax Calculation for Mixed Use Property
Underthe proposed example, assume that Assessor’s Parcel Number 1 is classified as a Mixed-
Use Property. Assessor’s Parcel Number 1 is a 2 Acre parcel that contains Non-Residential
Property consisting of 10,000 square feet of retail shops and Apartment Property consisting of 10
residential Dwelling Units. The following table shows what the expected annual Maximum
Special Tax would be for Assessor’s Parcel Number 1.
No. of Non-ResidentialResidential
AssessorResidentialPropertyPropertyTotal Annual
ParcelParcelDwellingMaximumMaximumMaximum
(1)
No.AcreageUnitsSpecial TaxSpecial TaxSpecial Tax
12.0010$0.00$2,068.20$2,068.20
(1)
The Maximum Special Tax is based upon the initial Maximum Special Tax rates as defined in Table 1.
2.Approved Property and Undeveloped Property
The Maximum Special Tax for Approved Property and Undeveloped Property shall be $4,359.00
per Acre.
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Annual Escalation of Maximum Special Tax
On each July 1, commencing on July 1, 2019, the Maximum Special Tax forCFD No. 14M-2 as
shown in Tables 1 above that may be levied on each Assessor’s Parcel of Taxable Property in CFD
No. 14M-2 shall be adjusted by a factor equal to the greater of, the positive percentage change in
the San Diego Metropolitan Area All Urban Consumer Price Index (All Items) for the
twelve-month period ending June 1 of the prior Fiscal Yearor 0%, provided the Maximum Special
Tax shall never be less than the amounts shown in Table1.
CALCULATION OF OVERALL SPECIAL TAX REQUIREMENT
PROPORTIONALITY
Each Fiscal Year, an Overall Special Tax Requirement for CFD No. 14M-2 and CFD No. 14M IA
1 shall be calculated initially as the same amount as the CFD No. 14M IA 1 Special Tax
Requirement would have been calculated prior to the creation of CFD No. 14M-2.
Then, for purposes of the levy of Special Taxes within CFD No. 14M-2, the amount of the CFD
No. 14M-2 Special Tax Requirement shall be an amount equal to the Overall Special Tax
Requirement less the amount of the levy of special taxes in CFD No. 14M IA 1 on Developed
Property at 100% of the Maximum Special Tax (as such terms are defined in the CFD No. 14M
IA 1 RMA).
If the amount of Developed Property Maximum Special Taxes that can be collected in that Fiscal
Year within CFD No. 14M-2 exceeds the CFD No. 14M-2 Special Tax Requirement, then the levy
on Developed Property in both CFD No. 14M IA 1 and CFD No. 14M-2 shall be reduced
Proportionately to the amount required to fund the Overall Special Tax Requirement.
If the amount of Developed Property Maximum Special Taxes that can be collected in that Fiscal
Year within CFD No. 14M-2 is less than the CFD No. 14M-2 Special Tax Requirement, then all
Approved Property in both CFD No. 14M IA 1 and CFD No. 14M-2 shall be taxed Proportionately,
up to 100% of the applicable Maximum Special Tax, as necessary to satisfy the Overall Special
Tax Requirement, and the CFD No. 14M-2 Special Tax Requirement shall include such amount
to be levied on Approved Property in CFD No. 14M-2.
If the combined amount of Developed Property and Approved Property Special Taxes that can be
collected in that Fiscal Year within both CFD No. 14M IA 1 and CFD No. 14M-2 is less than the
Overall Special Tax Requirement, then all Undeveloped Property in both CFD No. 14M IA 1 and
CFD No. 14M-2 shall be taxed Proportionately, up to 100% of the Maximum Special Tax, as
necessary to satisfy the Overall Special Tax Requirement, and the CFD No. 14M-2 Special Tax
Requirement shall include such amount to be levied on Undeveloped Property in CFD No. 14M-2.
If the combined amount of Developed Property, Approved Property, and Undeveloped Property
Special Taxes that can be collected in that Fiscal Year within both CFD No. 14M IA 1 and CFD
No. 14M-2 is less than the Overall Special Tax Requirement, then all TaxableProperty Owner
Association Property and Taxable CPF Property in both CFD No. 14M IA 1 and CFD No. 14M-2
shall be taxed Proportionately, up to 100% of the Maximum Special Tax, as necessary to satisfy
the Overall Special Tax Requirement, and the CFD No. 14M-2 Special Tax Requirement shall
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include such amount to be levied on all Taxable Property Owner Association Property and Taxable
CPF Property in CFD No. 14M-2.
METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR CFD No. 14M-2
Commencing with Fiscal Year 2019-2020, and for each following Fiscal Year, the Council shall
levy the Special Tax in CFD No. 14M-2 at the rates established pursuant to steps 1 through 4 below
so that the amount of the Special Tax levied equals the CFD No. 14M-2 Special Tax Requirement
as determined in Section D above. The Special Tax shall be levied each Fiscal Year as follows:
First:The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed
Property up to 100% of the applicable Maximum Special Tax for Developed Property;
Second: If additional monies are needed to satisfy the CFD No. 14M-2 Special Tax Requirement
after the first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor’s Parcel of Approved Property at up to100% of the Maximum Special Tax for Approved
Property;
Third: If additional monies are needed to satisfy the CFD No. 14M-2 Special Tax Requirement
after the first two steps have been completed, the Special Tax shall be levied Proportionately on
each Assessor’s Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for
Undeveloped Property;
Fourth: If additional moneys are needed to satisfy the CFD No. 14M-2 Special Tax Requirement
after the first three steps have been completed, the Special Tax shall be levied Proportionately on
each Assessor’s Parcel of Taxable Property Owner Association Property and Taxable CPF
Property, at up to 100% of the Maximum Special Tax for Taxable Property Owner Association
Property or Taxable CPF Property, as applicable.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor’s Parcel of Apartment Residential Property, Attached Residential Property, or Detached
Residential Property for which an occupancy permit for private residential use has been issued be
increased by more than ten percent annually up to the Maximum Special Tax as a consequence of
delinquency or default by the owner of any other Assessor’s Parcel within CFD No. 14M-2.
EXEMPTIONS
The CFD Administrator shall classify as Tax-Exempt Property (i) Assessor’s Parcels defined as
Public Property, (ii) Assessor’s Parcels defined as CPF Property that are owned by a non-profit
st
organization which provides proof to the City prior to March 1preceding the Fiscal Year in which
the Special Tax is being levied of the organization’s non-profit status, and (iii) Assessor’s Parcels
with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement.
The CFD Administrator shall classify as Tax-Exempt Property within CFD No. 14M-2 those
Assessor’s Parcels defined as Property Owner’s Association Property or CPF Property provided
that no such classification would reduce the sum of all Taxable Property within CFD No. 14M-2
to less than 80.06 Acres. Assessor’s Parcels defined as Property Owner Association Property and
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CPF Property that cannot be classified as Tax-Exempt Property will be classified as Taxable
Property Owner Association Property or Taxable CPF Property and shall be taxed as part of the
fourth step in Section D.
The CFD Administrator will assign tax-exempt status in the chronological order in which property
becomes exempt Public Property or CPF Property or Tax-Exempt Property Owner Association
Property. However, should an Assessor’s Parcel no longer be classified as Public Property or CPF
Property or Tax-Exempt Property Owner Association Property, its tax-exempt status will be
revoked.
Taxable Property Owner Association Property and Taxable CPF Property that is not exempt from
the Special Tax under this sectionshall be subject to the levy of the Special Tax and shall be taxed
Proportionately as part ofthe fourth step in Section D above, at up to 100% of the applicable
Maximum Special Tax for Taxable Property Owner Association Property and Taxable CPF
Property.
APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of the Special
Tax levied on their Assessor’s Parcel is in error shall first consult with the CFD Administrator
regarding such error. If following such consultation, the CFD Administrator determines that an
error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on
such Assessor’s Parcel. If following such consultation and action, if any by the CFD
Administrator, the landowner or resident believes such error still exists; such person may file a
written notice with the City Clerk of the City appealing the amount of the Special Tax levied on
such Assessor’s Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy
of such notice to the City Manager who shall establish as part of the proceedings and administration
of CFD No. 14M-2, a special three-member committee (the “Review/Appeal Committee”). The
Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the
review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method
of Apportionment and make determinations relative to the annual administration of the Special
Tax and any landowner or resident appeals, as herein specified. The decision of the
Review/Appeal Committee shall be final and binding as to all persons.
MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the
same time as ordinary ad valoremproperty taxes; provided, however, that the CFD Administrator
may directly bill the Special Tax, may collect Special Taxes at a different time or in a different
manner if necessary to meet the financial obligations of CFD No. 14M-2 or as otherwise
determined appropriate by the CFD Administrator.
TERM OF SPECIAL TAX
Taxable Property ofCFD No. 14M-2 shall remain subject to the Special Tax in perpetuity or until
the Council takes appropriate actions to terminate the Special Tax pursuant to the Act and the CFD
Ordinance.
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May 7, 2019File ID: 19-0121
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RETAINING THE ADMINISTRATIVE
FEE FOR RENT CONTROL SERVICES AT $25 FOR FISCALYEAR 2019/20 IN CHAPTER 18 (MOBILEHOMES)
OF THE CITY’S MASTER FEE SCHEDULE
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
Effective August 18, 2011, the City, under Chula Vista Municipal Code (CVMC) Section 9.50.030, established
an Administrative Fee to be assessed upon all eligible mobilehome residents receiving benefits and services
under CVMC 9.50 (“Chapter 9.50”or the “Ordinance”) –Mobilehome Park Space Rent Review. Chapter 9.50
requires thatthe Administrative Fee be established annually by the action of the City Council. At this time,
staff recommends retaining the fee at $25 for fiscal year 2019-20(“FY 20”).
ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act
State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The meeting of the Mobilehome Rent Review Commission was cancelled on May 1, 2019 due to a lack of
quorum.
DISCUSSION
On July 19, 2011, City Council approved an amendment to CVMC Chapter 9.50(Mobilehome Park Space
Rent Review)establishing an Administrative Fee to provide funding for implementation of the Ordinance.
TheOrdinance offers unique benefits and services solely to eligible mobilehome residents. As part of the
annual Administrative Fee update process, staff is reporting out on prior year revenues and expenditures
to establish the amount necessary to recover the costs of administering Chapter 9.50. This report provides
an update on revenues and expenditures for July 1, 2018 -June 30, 2019 and recommends the fee for FY 20.
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2019-05-07 Agenda Packet
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Fiscal Year 2018-19 (“FY 19”) Projected Revenues andExpenditures
Revenues for FY 19 were anticipatedto total$55,000 based on 2,200 residents paying afee of$25. Actual
payments were received from 2,309eligible spaces,resulting intotal collected revenues of $57,725. A
summaryof revenues and projected expenditures is provided in Table 1, followed by a description of
relatedactivities.
Table 1
FY 2019 BUDGET SUMMARY
BudgetedProjected
Revenues:
Fund Balance as of 7/1/18$192,775
Collected Revenues $ 55,000$ 57,725
Investment Earnings$ 1,387
TOTALFUNDS$251,887
Expenditures:
Staff Charges $ 37,000$ 32,000
Experts$ 25,000$ 0
Administrative/Billing Costs$ 3,000$4,000
TOTAL EXPENDITURES$ 36,000
Projected Surplus/Deficit$215,887
Staff Charges
Administration of Chapter 9.50 is projected to result in staff charges of $32,000 for FY19. Staff provided
the following services:
Ombudsman Activities (Office Visits & Mobilehome Information Line)–Staff responded bilingually to
all inquiries related to Chapter 9.50.
st
Resident InvoicingPreparation–A June 1billing and/or ineligible notice was sent to all
mobilehome/trailer residents and in August, reminder notices were sent to all residents with a
balance due and to those residents determined ineligible.
Fee Collection –Collection and processing of fee payments received.
Database Maintenance–Maintained the database with current resident information. Fees
associated with reconciling a newfinancial system and existing database were incurred this year
resulting in higher than expected administrative costs.
Mobilehome Rent Review Commission (“MHRRC”) Educational Meetings -Provided general
ombudsman related activities to residents.
Annual Permissive Rent Calculations -Twice a year, the Consumer Price Index (CPI) is released and
notification was sent to all park owners and managers of the annual permissive rate as calculated
under Section 9.50.050.
Rent Review Inquiries/Hearing Administration –Staff coordinated inquiries regarding rental
increases between residents and park management as needed.
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2019-05-07 Agenda Packet
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Experts
No rent review hearings or hiring of experts was necessary during FY 19. Funds collected will be available
to appropriate in FY 20for hiring of experts if a second rent review case is required. The lack of hearings
also resulted in staff time reimbursement savings to the program.
Administrative Costs (Postage, Office Supplies and Printing)
In FY 19, the billing of the administrative fee was contracted out for the third year. Additional annual
administrative costs, includingCPI notices and publication of this hearing notice were incurred.
Fiscal Year 2019-20 (“FY 20”) Budget and Administrative Fee
Staff recommends the fee be retained at $25 dollars for FY 20 due to the current fund balance and recent
rent review hearing activity. Important factors taken into consideration include:
Since the ordinance amendments in 2012, no rent review cases have been heard for existing
residents. However, two rent review cases began the process (Rancho Bonita in FY15 and El
Mirador in FY18). In both cases, the rent increases were agreed upon between resident and owner
prior to hearing. Prior to the 2012 amendments, existing resident rent review cases occurred
approximately every other year. Therefore, staff continues to forecast expenditures with one case
every other year.
Staff costs to administer the fee and rent review services havestabilized. Therefore, a reduction of
approximately $20,000 in staff time has been realized in the past few years.
Since the fee has been reduced to $30 or less, more residents have been consistently paying.
Therefore, projections are for 2,200 residents to pay this coming year.
Table 2 provides a summary of the FY 20 budget which anticipates one rent review case and a contingency
of $25,000 for expert time related to one additional case, if needed, with an estimated ending fund balance
of $160,887.
Table 2
FY 2020 BUDGET SUMMARY
Budget
Revenues:
Projected Fund Balance as of 7/1/19$215,887
Anticipated Revenues (2,200 @ $25)$ 55,000
Expenditures:
Staff Charges$ 55,000
Experts$ 25,000
Administrative/Billing Costs$ 5,000
TOTAL ANTICIPATED EXPENDITURES$85,000
Anticipated Fund Balance as of 6/30/20$185,887
Contingency for Experts$ 25,000
Anticipated Surplus/Deficit $160,887
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With the fee at $25, annual revenues alone will not cover costs if heavy administrative costs are expended
in a given year. Therefore, fund balance would then be used to maintain administrative services. Given
current workload and few anticipated cases, staff has projected being able to maintain the fee for several
years at this rate and will make further considerations to changes in the fee if no cases are heard in the next
few years.
DECISION-MAKER CONFLICT
Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical
in nature and, as such, does not require the City Council members to make or participate in making a
governmental decision, pursuant to California Code of Regulations Title 2, section 18704(d)(1).
Consequently, this item does not present a conflict of interest under the Political Reform Act (Cal. Gov't
Code § 87100, et seq.).
Staff is not independently aware,andhas 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
All staff time and costs to prepare this report were included in the adopted fiscal year 2018-19 budget.No
additional appropriation is required.
ONGOING FISCAL IMPACT
Staff time and costs associated with the administration of Chapter 9.50 are anticipated in the collected fee
and will be adopted as part of the fiscal year 2019-20budget.
ATTACHMENTS
1.Proposed Chapter 18 of the Master Fee Schedule
Staff Contact: Stacey Kurz, Senior Project Coordinator, Development Services Department
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ATTACHMENT1
MASTER FEE SCHEDULEFEE BULLETIN
Chapter 18–Mobilehomes
General Fees
18-100
City of Chula Vista Development Services
276 Fourth Avenue, Chula Vista, CA 91910May2019
MOBILEHOME PARKSPACERENT
REVIEW ADMINISTRATIVEFEE
An administrative fee is required of all households
residing in eligible mobilehome spaces to receive
the benefits and services provided in Chapter 9.50
of the Chula Vista Municipal Code, Mobilehome
Park Space Rent Review.
The administrative fee is assessed annually, with
st
. There is a sixty (60) day
payments due by July 1
grace period that commences on the due date,
within which payments will be accepted.
Annual fee,per mobilehome space...................$25
MOBILEHOME PARK CLOSURE OR
DISCONTINUANCE APPLICATION FEE
Pursuant toChapter 9.40 of the Chula Vista
Municipal Code, Housing Assistance, prior to any
Mobilehome Park closure or cessation of use an
application must be filed withthe City.
Application fee.............................. Full cost recovery
Initialdeposit ............................................... $5,000
FULL COST RECOVERY
For all full cost recovery fee items, an initial
deposit shall be collected to cover the City’s full
cost, including overhead, incurred in conjunction
with review and processing as requested by
applicant. Additional funds may be collected, as
required, to cover City costs. Should the
application be withdrawn at any time, the deposit
shall be adjusted to cover the City’s actual costs,
including overhead, up to that time. Any funds
remaining on deposit at the time of the completion
or withdrawal of the application shall be returned
to the depositor, after accounting for expenses
incurred to date.
See Master Fee Schedule FeeBulletins 1-100 and
1-200 for additional discussion of full cost
recovery and current hourly rates.
City of Chula Vistawww.chulavistaca.gov619.585.5600
2019-05-07 Agenda Packet
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RESOLUTION NO. 2019-_____
RESOLUTION OF THECITYCOUNCILOFTHECITYOF
CHULAVISTARETAINING THE ADMINISTRATIVE FEE
FOR RENT CONTROL SERVICES AT $25 FOR FISCALYEAR
2019/20IN CHAPTER 18 (MOBILEHOMES) OF THE CITY’S
MASTER FEE SCHEDULE
WHEREAS, California State Mobilehome Residency Law allows local jurisdictions to
establish rent control; and
WHEREAS, in 1982, the City adopted Chula Vista Municipal Code Chapter 9.50,
“Mobilehome Park Space –Rent Review,” as allowed by Mobilehome Residency Law, and
amended it to its current state on July 19, 2011; and
WHEREAS, these amendmentstook effect August 18, 2011 and established an
administrative fee to provide a limited segment of the public, specifically mobilehome residents,
per 9.50.030, the ability to obtain unique services and benefits available to them only under
Chapter 9.50, including, but not limited to, a rent calculation (via the annual permissive and
exceeding the annual permissive) which results in reduced rents and related ombudsman
services; and
WHEREAS, on February 14, 2012 the City adopted “Mobilehome Park Space -Rent
Review Administrative Fee Regulations” establishing a process for determining and collecting
such fee; and
WHEREAS, the proposed fee does not exceed the estimated reasonable costof providing
the associated services and the fund balance of the fee and estimated revenues for fiscal year
2018-19are sufficient to warrant maintaining the fee rate at $25 for the coming year; and
WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate
to increase any levy, charge, or exaction imposed by a local government, unless specifically
exempted; and
WHEREAS, pursuant to the provisions of Article XII C, the proposed fees are exempt
from the vote requirement; and
WHEREAS, the proposed amendment to the Master Fee Schedule Chapter 18
(Mobilehomes) shall become effective upon adoption of this Resolution by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby acceptChapter 18 (Mobilehomes) of the City’s Master Fee Schedule as
reflected on Exhibit 1 to this Resolutionand retainsthe fee at$25for FiscalYear 2019-20.
Presented by:Approved as to form by:
____________________________________________________________
Kelly G. Broughton, FASLAGlen R. Googins
Director of Development Services City Attorney
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EXHIBIT1
MASTER FEE SCHEDULEFEE BULLETIN
Chapter 18–Mobilehomes
General Fees
18-100
City of Chula Vista Development Services
276 Fourth Avenue, Chula Vista, CA 91910May2019
MOBILEHOME PARKSPACERENT
REVIEW ADMINISTRATIVEFEE
An administrative fee is required of all households
residing in eligible mobilehome spaces to receive
the benefits and services provided in Chapter 9.50
of the Chula Vista Municipal Code, Mobilehome
Park Space Rent Review.
The administrative fee is assessed annually, with
st
. There is a sixty (60) day
payments due by July 1
grace period that commences on the due date,
within which payments will be accepted.
Annual fee,per mobilehome space...................$25
MOBILEHOME PARK CLOSURE OR
DISCONTINUANCE APPLICATION FEE
Pursuant toChapter 9.40 of the Chula Vista
Municipal Code, Housing Assistance, prior to any
Mobilehome Park closure or cessation of use an
application must be filed withthe City.
Application fee.............................. Full cost recovery
Initialdeposit ............................................... $5,000
FULL COST RECOVERY
For all full cost recovery fee items, an initial
deposit shall be collected to cover the City’s full
cost, including overhead, incurred in conjunction
with review and processing as requested by
applicant. Additional funds may be collected, as
required, to cover City costs. Should the
application be withdrawn at any time, the deposit
shall be adjusted to cover the City’s actual costs,
including overhead, up to that time. Any funds
remaining on deposit at the time of the completion
or withdrawal of the application shall be returned
to the depositor, after accounting for expenses
incurred to date.
See Master Fee Schedule FeeBulletins 1-100 and
1-200 for additional discussion of full cost
recovery and current hourly rates.
City of Chula Vistawww.chulavistaca.gov619.585.5600
2019-05-07 Agenda Packet
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May 7, 2019File ID: 19-0225
TITLE
A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF A
REPORT MADE BY THE FIRE CHIEF OF THE CHULA VISTA FIRE DEPARTMENT REGARDING SECTIONS
13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE WHICH REQUIRES ANNUAL
INSPECTIONS OF SCHOOLS, APARTMENT HOUSES AND HOTELS/MOTELS
B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDINGCERTAIN SECTIONS
OFCHAPTER 15 (FIRE) OF THE CITY’S MASTER FEE SCHEDULERELATING TO STATE-MANDATED
FIRE INSPECTIONS
RECOMMENDED ACTION
Council adopt the resolutions.
SUMMARY
After the tragic 2016 “Ghost Ship Fire” in Oakland that killed 36 people, Senate Bill (SB) 1205, Fire
Protection Service –Compliance Reporting was passed,and Section 13146.4 was added to the State’s
Health and Safety Code.SB 1205 created a new process that ensures fire departments communicatetotheir
governing authorityregardingcompliance with state mandated safety inspections required tobe
conductedon schools, apartmentbuildings and hotels/motels. Thestated intent of SB 1205 is to “ensure
that fire departments are complying with their annual inspections and increase the likelihood that they are
receiving the proper resources to appropriately staff and carry out state mandated inspections.”
ENVIRONMENTAL REVIEW
The proposed Projecthas been reviewed for compliance with the California Environmental Quality Act
(CEQA) and it has been determined that the Projectqualifies for a Categorical Exemption pursuant to State
CEQA Guidelines Section 15309 Class 9 (Inspections) and Section 15061(b)(3), because it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on the
environment. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The Health and Safety Coderequires every city or county fire department to inspect all schools(HSC§
13146.3) as well asapartmentbuildings and hotels/motels(HSC §13146.2 and §17921) in itsjurisdiction
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annually. It should be noted that apartment buildings are inclusive of condominiums, as they’re both
classified as Residential, Group 2 Occupancies. Inspections ensurecompliance with building standards and
other regulations created by the State Fire Marshal, and focus on preventing fires, escaping fires, and
containing fires. Inspections include, but are not limited to: assessing access to the complex / buildings;
evaluating the water supply; presence, functionality, and maintenance of fire sprinkler, alarm and
extinguishing systems; egress, electrical,and other potential hazards. Inspectors will not request access
into occupied dwelling units. Likeapproximately half of the fire department agencies across the state, the
Chula Vista Fire Department (Fire Department)is not currently completingthe state mandatedannual fire
inspections.
With the introduction of SB 1205, and the addition of Section 13146.4 to the Health and Safety Code, there
is now a statute thatrequiresevery city or county fire department or district to report annually to its
respective city council or county board of supervisors on its compliance with state inspection mandates.
Attachment 1 includesSB 1205 and Health and Safety Code Section 13146.4 language. Table 1 below
reflects the Health and Safety Code occupancies that require an annual inspection along with the Fire
Department’s subsequent inspection compliancein 2018.
Table 1.Calendar Year 2018 State Mandated Inspection Compliance
OccupancyType:No. of Occupancies:No.of Inspections:Percent Completed:
1
Education (E): Public/Private Schools8686100%
1
Residential (R1): Hotel/Motel2121100%
12
Residential (R2): Apartments60000%
3
Residential (R2): CondominiumsNK00%
1. Numbers are based uponknown City data
2. All apartment complexes were surveyed, but not inspected in 2018,for the purposes of building the new residentialinspection program
3. Number of condominium complexes/buildings to be confirmed
Over recentmonths, as part of building a new residential inspection program, the Fire Department was
able to utilize existing City data tocomplete field surveys for all residential apartment complexes.The
surveys were performedto determine the current stock of residential apartment complexes, which is used
to estimate the requisite human resources needed to complete the mandated inspections.Toclose the
current performance gap, the Fire Department recommends phasingin a newresidential apartment
inspection program in Fiscal Year 2020, followed by the addition of a residential condominium inspection
programbeginning in Fiscal Year 2021. For Fiscal Year 2020, the Fire Department will bring forward a
budget proposal as part of the City Manager’s budget proposal for a new Fire Inspector I positionwith the
intent to achieve100%completion ofthe residentialapartment inspectionprogram.
For Fiscal Year 2021, the Fire Department will report, as part of SB 1205 compliance, an improvement in
total residential inspectionsofapproximately 50 percent (this is an estimation only as the number of
residentialcondominiums are yet to be verified).Further, the Fire Department will completea survey of
the total number of residential condominiums,whichwill be used to determinethe necessary staffingto
complete the final phaseof the inspection programin Fiscal Year 2021. A budget proposal would be
brought to Council for approval at that time. The Fire Department’s goalwouldthenbe to report 100%
compliance of all state inspection mandatesonce fully phased in.
In order to offset thepersonnelcost for the above phases, the Department proposes a minor revision to
Chapter 15 (Fire) of the City’s Master Fee Schedule, 15-100 Fire Code Inspection Fees.A redline/
strikethroughof the proposed updates to the Master Fee Schedule is included as Exhibit 1of this report.
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Table 2 below reflects both the current and proposed tiered residential site permit fees (specific to the
residential apartment and condominium inspection programs).Although thereis currently a fee associated
with performing these inspections, the fees weren’t being charged as the associated service wasn’t being
provided. If approved, it is anticipated that the updated fee will be invoiced annually as part of the business
license process. The specific changesinclude aligningthe fee to the minimum number of residentialunits
(i.e., three)that require an annual inspectionunder the Health and Safety Code. The proposed fee also
bifurcatesthe current first tier of up to 50 units into two tiers:3 to 25 and 26 to 50 units,respectively.
Lastly, the changesmore closely correlatethe cost to thesize and associated resource requirement, which
representsthe reasonable cost of providing the inspection services.
Table 2. Chula Vista Residential Site Permit Fee
Current:Proposed:
Units:Fees:Units:Fees:
3 -25 units$280
10 -50 units$240
26 -50 units$320
51 -100 units$28051 -100 units$400
101 -200 units$320
> 100, each add'l group of 100units$80
> 200, each add'l group of 100units$40
To provide perspective on a sample residential complex fee, the Department has further broken down the
proposed fee to a per unit cost. For a 100-unitresidential complex, which would have a $400 fee, the
annual per unit cost would be $4.00.
Staff surveyed other fire departments to compare theFire Department’scurrent and proposed residential
inspection fees to other agencies throughout the County. A sample of the results can be found in
Attachment 2. In a review of Imperial Beach, La Mesa, National City and San Diego’slike fees, Imperial
Beach, La Mesa,and San Diego were allhigher.Table 3 reflects a comparison of fees across these agencies
for a 30-unit residential complex.
Table 3. Fee Comparison for 30 Units
Chula Vista:Imperial Beach:La Mesa:National City:San Diego:
$320$585$434$155$420
Upon approval of the proposed fee revision, the Fire Department anticipates compliance with state
regulations at the conclusion of the program’simplementation.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
and consequently, the real property holdings of theCity Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et
seq.).
Staff is not independently aware, and has not been informed by 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
City Counciladoption of theseresolutionshas no current fiscal year impact.
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ONGOING FISCAL IMPACT
Staff anticipates the new residential apartment inspection program costs of approximately $135,000will
be offset by inspection revenues. Additionally, initial set up costs of approximately $46,000 will be required
for the program.The initial set up cost include expenses for a vehicle, uniform, personal protective
equipment, and a computer.Revenuesgenerated from the revised Fire Code Inspection fees are
anticipated to mitigate personnel costs in FY 2020, and will be cost neutral beyond FY 2020.Should it be
desired, expansion beyond the initial phase of the program will require additional analysisand will be
brought back to the City Council for consideration at a later date.
If approved by the City Council, one Fire Inspector I and the estimated set up costs will be included in the
City Manager proposed budget for FY 2020. The costs will be offset with projected revenues generated by
the inspection fees resulting in net cost to the General Fund. The program will be evaluated once actual
costs and revenues are realized to determine if any adjustments to the proposed fees are necessary.
ATTACHMENTS
Attachment 1 –Senate Bill 1205, adding Health and Safety Code 13146.4
Attachment 2–San Diego County Fire Agency Residential Fee Comparisonand Unit Time Build-up
Exhibit 1 –ProposedMaster Fee Schedule,Chapter 15–Fire Fees, 15-100 Fire Code Inspection Fees in
redline format
Staff Contact: Jim Geering, Fire Chief and Justin Gipson, Fire Division Chief
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACKNOWLEDGING RECEIPT OF A REPORT
MADE BY THE FIRE CHIEF OF THE CHULA VISTA FIRE
DEPARTMENT REGARDING SECTIONS 13146.2 AND
13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE
WHICH REQUIRES ANNUAL INSPECTIONS OF SCHOOLS,
APARTMENT HOUSES AND HOTELS/MOTELS.
WHEREAS, California Health and Safety Code Section 13146.4 was added in2018, and
became effective on January 01, 2019; and,
WHEREAS, California Health and Safety CodeSections13146.2 and 13146.3 requires
all fire departments that provide fire protection services,to perform annual inspections in every
building used as a public or private school, hotel, motel, and apartment housefor compliance
with building standards,as provided; and,
WHEREAS, California Health and Safety Code Section 13146.2 requires all fire
departmentsthat provide fire protection services to report annually to theadministering
authority,its compliance with Sections 13146.2 and 13146.3; and,
WHEREAS, the Council of the City of Chula Vista intends this Resolution to fulfill the
requirements of the California Health and Safety Code regarding acknowledgement of the Chula
Vista Fire Department’s compliance with California Health and Safety Code Sections 13146.2
and 13146.3.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it expressly acknowledges receipt of a report made by the Fire Chief of the Chula
Vista Fire Department regarding Sections 13146.2 and 13146.3 of the California Health and
Safety Codewhich requires annual inspections of schools, apartment houses and hotels/motels.
Presented byApproved as to form by
JimGeeringGlen R. Googins
Fire ChiefCity Attorney
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CERTAIN SECTIONS OF
CHAPTER 15(FIRE) OF THE CITY’S MASTER FEE
SCHEDULERELATING TO STATE-MANDATED FIRE
INSPECTIONS
WHEREAS, in order to achieve full and equitable cost recovery for state mandated
residential fire inspections, the Council Wishes to amend Chapter 15 of the City’s Master Fee
Schedule, as set for in Exhibit 1, attached hereto and incorporated herein by reference as if set
forth in full; and
WHEREAS, the recommended changes to Firefees, as set forth in Exhibit 1,represent
the estimated reasonable cost of providing the fire preventioninspectionservices; and
WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate
to increase any levy, charge, or exaction imposed by a local government, unless specifically
exempted; and
WHEREAS, the proposed fees are exempt from the vote requirement per Sections 1(e)(2)
and 1(e)(3)of Article XIII C of the California Constitution; and
WHEREAS, the proposed amendments to the Master Fee Schedule Chapter 15shall not
become effective until 60 days after adoption of this Resolution by the City Council;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that itdoes hereby amend certain sections of Chapter 15(Fire) of the City’s Master Fee
Scheduleas set forth in Exhibit 1to this Resolution.
Presented byApproved as to form by
Jim GeeringGlen R. Googins
Fire ChiefCity Attorney
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May 7, 2019File ID: 19-0241
TITLE
A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE
COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT CHANGES IN THE COMPENSATION
FOR THE FA DEPUTY EXECUTIVE DIRECTOR AND FA DIRECTOR OF SD LECC EFFECTIVE JANUARY 1, 2019
B.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED
FISCAL YEAR 2018/19COMPENSATION SCHEDULE EFFECTIVE MAY 10, 2019, AS REQUIRED BY
CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 TO REFLECT SALARY INCREASES FOR FA
DEPUTY EXECUTIVE DIRECTOR AND FA DIRECTOR OF SD LECC
RECOMMENDED ACTION
Council adopt the resolutions.
SUMMARY
Per HIDTA (High Intensity Drug Trafficking Area) policy, the compensation for the FA (Fiscal Agent)
Deputy Executive Director and FA Director of SD LECC (San Diego Law Enforcement Coordination Center)
positions are tied to the Federal General Schedule (GS) Salary Table, with the most recent changes effective
January 1, 2019. The Chula Vista compensation schedule needs to be updated to reflect eligible step
increases based upon the Federal General Schedule salary guidelines for these two positions effective
January 1, 2019.
ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section15378 of the California Environmental Quality Act
State Guidelines; therefore,pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The Police Department entered into an agreement with the Office of National Drug Control Policy in 1996
to be the fiscal agent for the California Border Alliance Group (CBAG), which is now referred as the San
Diego/Imperial High Intensity Drug Trafficking Area (HIDTA). In essence, the City receives full funding,
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plus a 5% administrative fee, to hire and administer salary and benefits for HIDTA positions. To date, there
are currently 15 HIDTA positions with the City of Chula Vista that are fully funded from the Office of
National Drug Control Policy (ONDCP).
Per HIDTA policy, the FA Deputy Executive Director and FA Director of SD LECC positions are tied to the
Federal General Schedule Salary Table. Approval of this resolution will amend the City’s Compensation
Plan to reflect eligible step increases based upon the Federal General Schedule salary guidelines, as
indicated in the table below.
CurrentProposed
Bargaining
TitleUnclassifiedE Step SalaryE Step Salary
Group
(bi-weekly)(bi-weekly)
FA Deputy Executive DirectorYesSM$4,981.73$5,087.85
FA Director of SD LECCYesSM$5,859.81$5,984.58
The salary adjustments for these two positions are retroactive to January 1, 2019, which is the effective
date of the Federal General Schedule Salary Table.
California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring
employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets
certain requirements and be approved by the governing body in accordance with the requirements of the
applicable public meeting laws. The Fiscal Year 2018-2019Compensation Schedule ("Compensation
Schedule") was last amended by City Council on February 19, 2019, Resolution No. 2019-025. Approval of
Resolution B will approve the revised Compensation Schedule to reflect the salary adjustment for FA
Deputy Executive Director and FA Director of SD LECC.
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 theCity 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 decision-makerconflictofinterestinthismatter.
CURRENT-YEAR FISCAL IMPACT
The City is fully reimbursed for HIDTA positions and receives a 5% administrative fee to act as a fiscal
agent. The costs of the compensation adjustments for the FA Deputy Executive Director and FA Director of
SD LECC will be completely offset by personnel savings of current HIDTA vacant positions, resulting in no
net fiscal impact.
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ONGOING FISCAL IMPACT
There is no ongoing fiscal impact approving the compensation of these two grant-funded positions. The
proposed FY 2020HIDTA budget will incorporate anticipated salary adjustments for these positions, and
the funding from ONDCP will fully offset these costs.
ATTACHMENTS
Attachment 1: City of Chula Vista Compensation Scheduleeffective 5/10/2019
Staff Contact: Jonathan Alegre,Police Department
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULAVISTAAMENDINGTHECOMPENSATION
SCHEDULE AND CLASSIFICATION PLAN TO REFLECT
CHANGES IN THE COMPENSATION FOR THE FA DEPUTY
EXECUTIVE DIRECTOR AND FA DIRECTOR OF SD LECC
EFFECTIVE JANUARY 1, 2019
WHEREAS, the Police Department entered into an agreement with the Office of National
Drug Control Policy in 1996to be the fiscal agent for theCalifornia Border Alliance Group
(CBAG), which is now referred as the San Diego/Imperial High Intensity Drug Trafficking Area
(HIDTA); and
WHEREAS, per HIDTApolicy, the FA(Fiscal Agent)Deputy ExecutiveDirector and
FA Director of SD LECC (San Diego Law Enforcement Coordination Center)positionsare tied
to the Federal General ScheduleSalary Table; and
WHEREAS, the Chula Vista compensation plan needs to be updated to reflect eligible
step increases based upon the Federal General Schedule salary guidelines for these twopositions
to be effective January 1, 2019; and
WHEREAS, the full costsof all HIDTApositionsare reimbursed by the Office of
National Drug Control Policy.
NOW, THEREFORE, BE IT RESOLVED with the above findings incorporated herein,
the City Council of the City of Chula Vista does hereby approve the biweekly E-step
compensation of the FADeputy Executive Director at $5,087.85and FA Director of SD LECC
at $5,984.58to be effective retroactively to January 1, 2019.
Presented by:Approved as to form by:
____________________________________________
Roxana KennedyGlen R.Googins
Police ChiefCity Attorney
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED FISCAL YEAR
2018/19COMPENSATION SCHEDULE EFFECTIVE MAY 10,
2019, AS REQUIRED BY CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 570.5 TO REFLECT
SALARY INCREASES FOR FA DEPUTY EXECUTIVE
DIRECTOR AND FA DIRECTOR OF SD LECC
WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for
purposes of determining a retiring employee's pension allowance, the pay rate be limited to the
amount listed on a pay schedule that meets certain requirements and be approved by the
governing body in accordance with the requirements of the applicable public meeting laws; and
WHEREAS, the Fiscal Year 2018-2019Compensation Schedule ("Compensation
Schedule") was last amended by City Council at their meeting on February 19, 2019; and
WHEREAS, the salaries for theFA DeputyExecutive Director and FADirector of SD
LECCare tied to federal salaries schedules and said federal salaries have increased;and
WHEREAS, the Compensation Schedule will be revised to reflect the salary adjustment
forFA DeputyExecutive Director and FADirector of SD LECC, retroactive to January 1, 2019
due to changes in attendant federal salary schedules.
NOW, THEREFORE, BEIT RESOLVED by the City Council of the City of Chula
Vista, that it hereby does adopt, as required by California Code of Regulations Title 2, Section
570.5, the revised Fiscal Year 2018-2019Compensation Schedule, a copy of which is available
in the City Clerk’s Office, effectiveMay 10, 2019.
Presented byApproved as to form by
Roxana KennedyGlen R. Googins
Chief of PoliceCity Attorney
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May 7, 2019File ID: 19-0242
TITLE
DISCUSSION AND CONSIDERATION OFESTABLISHING APILOT PROGRAM TO ALLOW OFF-LEASH DOG
ACCESS WITHOUT FENCED BOUNDARIES IN A PARK, OR PARKS, IN NORTHWEST CHULA VISTA
RECOMMENDED ACTION
Council consider a pilot program and, if approved, identify a park location or park locations and provide
direction to staff as appropriate.
SUMMARY
At the Council meeting of January 8, 2019, Council directed staff to analyze the viability to create leash free
zones in one or moreparksin Northwest Chula Vista. Staff recommends that a pilotprogram to allow off
leash dog access, if approved, be limited to one park for a six-monthperiod to enable the most efficient use
of resources for monitoring and evaluating the program.
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 a Categorical Exemption pursuant to State
CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15061(b)(3), because it can be seen
with certainty that there is no possibility that the activity in question may have a significant effect on the
environment. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The Parks and Recreation Commission had a scheduled Special Meeting on Monday, April 15to consider
this proposed pilot as well as the proposed dog park at Rohr Park. The Parks and Recreation Commission
did not have a quorumthat evening, with only three Commissioners present. This item was presented to
the members who were present,and the Vice-Chairallowed for discussion. The Commissioners who were
present expressed no concerns regarding the proposed pilot program.
DISCUSSION
The City of Chula Vista parks system comprises of 68 publicly maintained parks, of which, six include
designated off leash, fenced dog runs. The first fenced dog runs built in Chula Vista were in the 2007
development of Veterans Park and Montevalle Park. The other parks with off leash, fenced dog runs are Mt.
San Miguel Park, Orange Park, Stylus Park, and Eucalyptus Park. As identified in the Parks and Recreation
Master Plan Update, which was adopted by the City Council on August 7, 2018, there are 9 additional future
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parks identified to have off leash, fenced dog runs as part of the park program. The City of Chula Vista
currently does not have any identified parks or areas that allow off leash dog access without fenced
boundaries. The City of San Diego has several examples of facilities that allow this.
The City of San Diego parks system has a total of 17 off leash dog parks and areas, of which6 are not fenced.
This list includes Dog Beach, which is a stretch of beach bounded by the San Diego River on the north side, a
rock jetty on the east side, the Pacific Ocean on the west side, and a large sand mound on the south side.
The majority of Fiesta Island is accessible to off leash dogs as well. The remaining 4 facilities with unfenced
off leash areas are parks: Grape St Dog Park; Nate’s Point Dog Park; Morley Park Dog Park; and Cadman
Park Dog Park. These dog parks, with the exception of Cadman Parkare identified areas within a larger
park context, and each have physical boundaries on each side of the dog areas, including split rail fences,
canyons, and chain link fence. Cadman Park is the only park that allows mixed use of off leash dogs,during
designated hoursonly,near park amenities meant for users without dogs, such as a children’s playground,
two tennis courts, two baseball fields, and a Recreation center. The off-leasharea is roughly 100 feet away
from the edge of the playgroundidentified by posted signage. This park has a boundary fence on three
sides.
The proposed pilot program would allow off leash dog access, without fenced boundaries,in a parkor
parksin Northwest Chula Vista. Currently, the parks in Northwest Chula Vista are used for purposes other
than off leash dog access, such as picnicking, sporting games, special events, or passive use. If approved, the
pilot program would begin June 1and end on November 30. If the Council approves the pilot, the
Community Services Department would present an evaluation to the Council after the pilot period ended,
including a recap of solicited and unsolicited feedback, number of documented incident reports, and any
damage caused due to the use of off leash dog access. If staff through observation or submitted public
reports concludesthe program is contrary to the safe use of park facilities anytime during the pilot
program due to incidents, the City Managermay suspend the program without notice and report to City
Council at their next meeting for further direction of the program. With the implementation of this
program, there will be signs posted along the boundary of the access areas stating rules and regulations,
including restrictions, along with contact information for Chula Vista Park Rangers or Chula Vista Animal
Control Officers so users can report violations of the rules.
Establishing a pilot program to allow off leash dog access in a parkor parksin Northwest Chula Vista could
have several benefits, including the following:
•A new activation of the parks, since all parks in Northwest Chula Vista, except the Eucalyptus Park
off leash, fenced dog run, do not have off leash dog access
•provide a socialization point for dog owners
•encourage responsible dog ownership by signing and promoting sanitary practices, license policies,
and vaccination requirements
•provide an opportunity for dog owners within walking distance a chance to allow their dogs to run
in a park off leash.
Potential risksto considerregarding the establishment of such apilot programinclude:
•turf degradation
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•negative interactions between off leash dogs and human users of the park
•negative interactions between multiple off leash dogsand/or leashed dogs
•dogs running into the streets
difficulty enforcing designated hours
The City Attorney’s Office notes that off leash dog access is not commonly allowed in multi-use city parks.
Instead,standard “best practices” for “dog park” design,from a risk management standpoint,calls for
dedicated fenced in areas within which dogs can roam freely. This separates potentially incompatible uses
and gives the City the “design immunity” defense in the event of a claimagainst the City that might result
from dog-park related injuries.
The Chula Vista Municipal Code allows for administrative provisions to designate areas of parks lawful to
turn loose or allow dog access (CVMC Section 2.66.130). The Community Services Department would be
required to post signage stating the boundaries of the off-leash dog access and regulations for the use of the
designated areas. Posted regulations would include dog owners required to clean up after their dogs, dog
owners required to maintain control of their dogs, dogs required to have current license,shots and no
contagious diseases, and to limit excessive barking, among other regulations.
In conclusion, we are seeking directionfrom the Council and consideration to proceed with this 6-month
pilot program to allow off leash dog access without fenced boundariesin a portion of a park,or parks,in
Northwest Chula Vista.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific
City Councilmembers do not create a disqualifying
and consequently, the real property holdings of the
real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100,
et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
To implement the program, staff will need to purchase and erect 4 signs and posts at each park identified to
notify users of the boundaries as well as the rules and regulations. At each sign post, dog waste bag
dispensers, with waste containers, will need to be added. Each week, Parks Maintenance staff willreplace
the dog waste bags. There may be additional costs for turf repair if damaged due to improper use of the
facility. The current-year fiscal impact to the general fund is estimated at $2,500 per park.
ONGOING FISCAL IMPACT
Annual expenses would include the weekly replacement of dog waste bags, turf repair and power washing
hardscapes. The annual fiscal impact to the general fund for subsequent years is estimated at $700 per
park.
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ATTACHMENTS
None
Staff Contact:Tim Farmer, Parks and Recreation Administrator
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May 7, 2019File ID: 19-0243
TITLE
DISCUSSION AND CONSIDERATION OF DEVELOPING DESIGNATED OFF-LEASH, FENCED DOG AREA AT
ROHR PARK
RECOMMENDED ACTION
Council considerthe project and provide direction to staff as appropriate.
SUMMARY
Staff is proposing to develop a fenced, off leash dog areaat Rohr Park. Staff has identified a viable location
for a fenced dog facility at Rohr Park and, if Council approves, staff in the Development Services
Department will design the fenced dog area and contract for the constructionof the project.
ENVIRONMENTAL REVIEW
The proposed Project has been reviewed for compliance with the California Environmental Quality Act
(CEQA) and ithas been determined that the Project qualifies for a Categorical Exemption pursuant to State
CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15303 class 3 (New Construction or
Conversion of Small Structures), and Section 15061(b)(3) because it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment. Thus, no
further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The Parks and Recreation Commission had a scheduled Special Meeting on Monday, April 15to consider
the Rohr Park dog park as well as the proposed unfenced off leash dog park pilot. The Parks and Recreation
Commission did not have a quorumthat eveningwith only three Commissioners present. This item was
presented to the members who were present, and the Vice-Chairallowed for discussion. The
Commissioners who were present expressed no concerns regarding the proposed dog park project.
DISCUSSION
The City of Chula Vista parks system comprises of 68 publicly maintained parks, of which, six include
designated off leash, fenced dog runs. The first fenced dog runs built in Chula Vista were in the 2007
development of Veterans Park and Montevalle Park. The other parks with off leash, fenced dog runs are Mt.
San Miguel Park, Orange Park, Stylus Park, and Eucalyptus Park. As identified in the Parks and Recreation
Master Plan Update, which was adopted by the City Council on August 7, 2018, there are 9 additional future
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parks identified to have off leash, fenced dog runs as part of the park program. The closest fenced, off leash
dog area to Rohr Park is Eucalyptus Park, which is 4 miles away and serves a different community base.
City staff have identified several viable locations within Rohr Park to develop the fenced dog area, including
a Eucalyptus grove above Rohr Field #17, a flat dirt area between Rohr Field #17 and Field #18, a small
section of grass just east of Lot A near a picnic shelter, and a large area of relatively unused space at the
westernmost portion of the park. Staff identifiedthe large area in the westernmost portion of the park as
the ideal location to develop the fenced dog area due to the proximity to restrooms, parking, and pathways,
as well as the size of thelocation. The Eucalyptus grove and the dirt sites had ADA accessibility issues that
would be costly to address, and the smaller location did not provide enough space to warrant the
development of a fenced dog area.
With the site identified, staff have estimated the design, including overall size, and amenities to be included
in the fenced dog area. The estimated size of the identified area is about 1.4 acres in entirety. This would
include one section for smaller dogs, and one section for larger dogs weighing more than 25 pounds. Since
this area is not immediately accessible from the paved walking path, ADA accessibility would need to be
addressed in the final design and development of the fenced dog area.
The identified site is adjacent to 4 residences on the western edge of the park. The setback for the dog area
would be at least 25’ from the property line of the park to allow for parks maintenance staff to maintain the
grounds between the property line and the dogarea, as well as provide a buffer for the new activated space
and the residences. Two of the residents have expressed concern with the proximity of the dog park to
their residences, as well as the potential increased activation of the space.
If the CityCouncil approves of this project, the Community Services Department will work with the
Development Services Department to design this area and contract for the construction ofthe project.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Councilmembers 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 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 Councilmember, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The current year fiscal impact to the general fund to develop the fenced, off leash dog areawould include
construction costs of up to $95,000 for fencing around the perimeter of the identified area including double
gate access, concrete mow curb under the fence line for reduced future maintenance, posts and signage for
rules and regulations, dogwaste bag dispensers and bags, waste containers, dog play equipment, and ADA
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accessibility retrofits to the turfed area. There may be additional costs for turf repair if damaged due to
improper use of the facility.
ONGOING FISCAL IMPACT
Annual expenses would include the weekly replacement of dog waste bags and turf repair. The annual fiscal
impact to the general fund for subsequent years is estimated at $500.
ATTACHMENTS
None
Staff Contact: Tim Farmer, Parks and Recreation Administrator
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May 7, 2019File ID: 19-0266
TITLE
FISCAL YEAR 2020 BUDGET DISCUSSION
RECOMMENDED ACTION
Council receive the 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 toState Guidelines Section 15060(c)(3) no
environmental review is required.
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