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HomeMy WebLinkAbout2019/10/15 Agenda Packet I declare under penalty of perjury that I am employed by the City of Chula Vista in the office of the City Clerk and that I posted the document according to Brown Act requirements. / Dated: �� /� (�/ Signed:,Q'ul k # __ CITY OF CHULA VISTA low • Mary Casillas Salas, Mayor John McCann, Councilmember- District 1 Gary Halbert, City Manager Jill M. Galvez, Councilmember- District 2 Glen R. Googins, City Attorney Stephen C. Padilla, Councilmember- District 3 Kerry K. Bigelow, City Clerk Mike Diaz, Councilmember- District 4 Tuesday, October 15, 2019 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER ROLL CALL: Councilmembers Diaz, Galvez, McCann, Padilla and Mayor Casillas Sa/as PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 19-0479 OATHS OF OFFICE Isidro Barragan, Board of Ethics Karla Chinn, Board of Ethics Stephanie Teel, Board of Ethics Carmen Torres, Board of Ethics Alex Welling, Board of Ethics B. 19-0424 PRESENTATION OF THE SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL REGIONAL LEADERSHIP AWARD TO DEPUTY CITY MANAGER KELLEY BACON BY SOUTH COUNTY EDC PRESIDENT AND CHIEF EXECUTIVE OFFICER CINDY GOMPPER-GRAVES City of Chula Vista Page 1 Printed on 1011012019 City Council Agenda October 15,2019 CONSENT CALENDAR (items 1 - 4) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 11. 4119-0489 APPROVAL OF M IN UTES of May 7 and 14, 2019. Recommended Action: Council approve the minutes. 2. 19-0430 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS,1 AWARDING THE CONTRACT FOR THE "PSA RKSIDE SEWAGE PUMP STATION UPGRADE (SWR0293))' PROJECT TO BLUE PACIFIC ENGINEERING & CONSTRUCTION, IN THE AMOUNT OF $1,350,270; AND APPROPRIATING $1x"0,999 FROM THE AVAILABLE, BALANCE, OF THE, SEWER FACILITY REPLACEMENT FUND TO CI P SWR0293 (4/5 VOTE REQUIRED) Department: Engineering Department Environmental Notice: The Project qualifies, for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 class 3 (New Construction or Conversion of Small Structures). Recommended Action: Council adopt the resolution. 3. 19-0180 A. RESOLUTION OF THE, CITY COUNCIL, OF THE, CITY OF' CHULA VISTA CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 3, 20201 FOR 'THE ELECTION OF TWO MEMBERS OF 'THE CITY COUNCIL, REPRESENTING DISTRICTS 3 AND 4; CONSOLIDATING, THE ELECTION WITH THE STATEWIDE ELECTION; AND REQUESTING THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM CERTAIN SERVICES FOR THE CONDUCT OF THE ELECTION City of Chula Vista Page 2 Printed on 1011012019 2019-10-15 Agenda Packet Page 2 of 124 City Council Agenda October 15,2019 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 3, 2020 Department: City Clerk 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. Recommended Action: Couln�cil adopt the resolutions. 19-0474 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF A POSITION TITLE AND AMENDING THE AUTHORIZED POSITION COUNTS IN THE DEVELOPMENT SERVICES DEPARTMENT WITH A NET INCREASE IN AUTHORIZED STAFFING Department: Human Resources Department 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. Recommended Action: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. City of Chula Vista Page 3 Printed on 1011012019 2019-10-15 Agenda Packet, Page 3 of 124 City Council Agenda October 15,201 PUBLIC: HEARINGS The following item(s) have been advertised as public hearing(ss) as required by lair. if you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the mooting. 5. *18-0530 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING AND ESTABLISHING THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAX WITHIN THE BAYFRONT PROJECT CT SPECIAL TAX FINANCING DISTRICT TO THE QUALIFIED ELECTORS OF SUCH DISTRICT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF THE BAYFRONT PROJECT SPECIAL TAS FINANCING DISTRICT,1 DEEMING IT' NECESSARY TO INCUR A BONDED INDEBTEDNESS OF SUCH DISTRICT C.1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' CHULA VISNA, ACTING AS THE LEGISLATIVE BODY OF THE BAYFRONT PROJECT" SPECIAL TAX FINANCING DISTRICT„ CALLING A SPECIAL MAIL BALLOT ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF SUCH DISTRICT SEPARATE PROPOSITIONS TO AUTHORIZE THE LEVY OF SPECIAL TALCS THEREIN, TO AUTHORIZE SUCH DISTRICT TO INCUR A BONDED, INDEBTEDNESS SECURED BY THE LEVY OF SPECIAL TAXES THEREIN AN TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH DISTRICT (ALTERNATIVE 1 OR City of Chula Vista Page 4 Printed on 9011012019 2019-10-15 Agenda Packet Page 4 of 124 City Council Agenda October 15,201 C.2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' CHULA VISTA, ACTING AS THE LEGISLATIVE oICY F THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT, CALLING A SPECIAL MAIL BALLOT ELECTION AND SUBMITTING TO THE QUALIFIED, ELECTORS of SUCH DISTRICT SEPARATE PROPOSITIONS T AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, T'C AUTHORIZE SUCH DISTRICT TO INCUR A BONDED, INDEBTEDNESS SECURED D EKY THE LEVY OF SPECIAL TAXES THEREIN AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH DISTRICT (ALTERNATIVE 2) Department. Development Services Department Environmental Notice: The activity is not a "Project" as defined under Vection 15378 of the California (Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 1 0 01(e)(8) no environmental review is required. Recommended Action Council conduct the public hearing and adopt the resolutions, as appropriate. 6. 19-0370 oR INANC THE CITY of C HULA VISTA AMENDING CHAPTER 3. 0 OF THE CHULA VISTA MUNICIPAL CODE (DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES (FIRST READING) (This item has been continued to the 10/22/2019 City Council meeting.) CMTS'' MANAGER'S REPORTS MAYOR'S'S R PORT C OUB C I L E S' COMMENTS CITY ATTO' N Y'S REPORTS ADJOURNMENT to the regular City Council meeting on October 22, 2079, at 5..00 p.m., in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building Vit, during normal business hours. City of Chula Vista Page 5 Printed on 9011012019 2019-10-15 Agenda Packet Page 5 of 124 City Council Agenda October 15,2019 In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and'or participate in a City meeting, activity, or service, contact the City Clerk's Office at(6 9; 691-504 1(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Most Chula Vista City Council meetings, including public comments, are video recorded and aired live on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista), and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the City's website. Sign up at www.ch,ulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista Page 6 Printed on 1011012019 2019-10-15 Agenda Packet, Page 6 of 124 C® of Chula Vista Meetinge Minutes -, Draft Tuesday, May 7,2019 5:00 RM Council Chambers 276 4th Avenue, (Building A Chula Vista, CA 91910 REGULAR MEETING of THE CITY COUNCIL CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to, order at 5:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Diaz, Councilmember Galvez, Councilmember McCann, Deputy Mayor Padilla and Mayor Casillas Salas Deputy Mayor Padilla left the meeting at 8.-54 pm. Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Deputy City Clerk Kansas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Diaz led the Pledge of Allegiance. Mayor Casillas 'alas called for a moment of silence to honor of the victims of the Chabad shooting in Poway. SPECIAL ORDERS OF THE DAY A. 191-0168 SPECIAL RECOGNITION OF ELVENE ALCOS, DOUORHAM AND FEASTER CHARTER SCHOOL FOR RECEIVING THE 2019 CHULA VISTA ELEMENTARY SCHOOL DISTRICT "WELLNESS CHAMPION AWARD" IN THE CITY OF CHULA VISTA Senior Project Coordinator Kurz introduced Dr. Frank Escobedo, representing the Chula Vista Elementary School District, who presented the awards. Councilmember Diaz distributed certificates to Mr. Alcos and Mr. Gorham. B. 191-0169 SPECIAL RECOGNITION OF OLYMPIAN HIGH SCHOOL FOR ITS PARTICIPATION IN THE CALIFORNIA HIGHWAY PATROL'S "EVERY 15 MINUTES" PROGRAM IN THE CITY OF CHULA VISTA Senior Project Coordinator Kurz introduced California Highway Patrol Officer Sanchez who spoke regarding the program. C. 191-0250 PRESENTATION OF A PROCLAMATION TO "I LOVE A COP" AWARD RECIPIENT SERGEANT FRANK GIAIME AND PROCLAIMING WEDNESDAY, MAY 15, 2019 AS NATIONAL PEACE OFFICERS MEMORIAL DAY IN THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Deputy Mayor Padilla presented it to Sergeant Giaime. Police Chief Kennedy spoke regarding Peace Officers Memorial Day. City of Chula Vista Page 1 2019-10-15 Agenda Packet, Page 7 of 124 City Council Meeting Minutes-IDraft. May 7,2019 D. 1 -0256; PRESENTATION OF A PROCLAMATION ION PROCLAI ING MAY 10, 2019 AS WORLD LUPUS AWARENESS DAY IN THE CITY OF CHULA VISTA Councilmember Galvez read the proclamation and presented it to Gerardo Becerra, President of the Lupus Foundation of.Southern California. 191-0257 PRESENTATION ICON O A PROCLAMATION TO PRINCIPAL CIVIL. ENGINEER FRANK RIVERA PROCLAIMING MAY 2019 AS NATIONAL BIKE MONTH IN THE CITY OF CHULA VISTA Mayor Casiltas S'alas read the proclamation and Councilmember McCann presented it to Principal Civil Engineer Rivera. CONSENT CALENDAR items 11 .. 8) Item 8 was removed from the Consent Calendar at the request of staff Mayor Casillas S'alas announced that the following Councilmembers would abstain from voting on the items indicated due to potential property-related conflicts of interest. Councilmember McCann on Items bD and bE;Deputy Mayor Padilla on Item bF and herself on Items 5C and bD. 1. 191-9277 APPROVAL. OF MINUTES of December 18, 20118. Recornrnended Action: Council approve the minutes. 2. 191-9981 A. RESOLUTION NO. 2919-989 O1= THE CITY COUNCIL O1= THE CITY OF CHULA VISTA APPROVING A MAINTENANCE AND REIMBURSEMENT AGREEMENT BETWEEN TIME CITY OF CHULA VISTA AND THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM TO PROVIDE MAINTENANCE FOR THEE EF'IT OF THE SOUTH BAY RAPID PROJECT E . RESOLUTION NO. 2919-961 OF THE CITY COUNCIL. OF THE CITY OF CHULA VISTA APPROVING NINE ADDITION OF 1.9 EQUIPMENT OPERATOR AND 1.9 SENIOR MAINTENANCE "YORKER TO THE AUTHORIZED STAFFING COUNT FOR THE PUBLIC 'WORDS DEPARTMENT TO BE DULLY OFFSET BY CONTRACT REVENUE AND APPROPRIATING FUNDS THEREFOR (415 VOTE REQUIRED Recornmended Action: Council adapt the resolutions. . 191-9299 RESOLUTION NO 2019-062 OF THE, CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING COUNCIL COMMITMENT AND SUPPORT FOR THE FIRE DEPARTMENT APPLICATION FOR THE 2918 DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE= (SAFER) GRANT TO HIRE 12 FIREFIGHTERS Recommended Action: Council adapt the resolution. City of Chula Vista Page 2 2019-10-15 Agenda Packet, Page 8 of 124 City Council Meeting Minutes-IDraft. May 7,2019 4. 1 9 0215 RESOLUTION NO. 2919-063 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING REIMBURSEMENT F=UNDS FROM THE CITY OF SAN D,IEG FIRE-RESCUE DEPARTMENT VIA THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S NATIONAL URBAN SEARCH AND RESCUE SYSTEM AS A RESULT OF FIRE DEPARTMENT PERSONN L WHO RESPONDED TO HURRICANES HARVEY AND IRMA IN 2917, ALLOCATING A PORTION OF SAID FUNDS OR STAFF REIMBURSEMENTS AND ALLOCATING THE REMAINDER OF SAID FUNDS INTO THE VEHICLE REPLACEMENT FUND FOR THE PURCHASE OF FIRE DEPARTMENT MUTUAL AID RESPONSE U!TILITY VEHICLES (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 19'-9221 A. RESOLUTION NO. 2919-064 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL. YEAR 2919/29 FOR OPEN SPACE DISTRICTS 1 'THROUGH 11, 147 15, 17, 1&) 297 233 24, 26, 31, FA `TLAKE, AND BAY BOULEVARD OF THE CITY OF CHULA VISTA PURSUANT TO THE LANDSCAPING AND LIGHTING, ACT C 1972 B. RESOLUTION NO. 2919-955 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, 87 117 1 , 15, 177 187 29 ONES 1 THROUGH , 81 AND 91), 23, 247 26, 317 3, EASTLAKE MAINTENANCE DISTRICT NO 1 (ZONES A, B, D, AN E), AND BAY BOULEVARD MAINTENANCE DISTRICT C. RESOLUTION NO. 2919-955 OF THE CITY COUNCIL. OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND BETTING A PUBLIC NEARING REGARDING THE FISCAL YEAR 2919/20 ASSESSMENTS FOR OPEN SPACE, DISTRICTS 9, 10 AND TOWN CENTRE MAINTENANCE I `TRICT D. RESOLUTION NO. 2919-967 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) City of Chula Vista page 3 2019-10-15 Agenda Packet Page 9 of 124 City Council Meeting Minutes-IDIraft May 7,2019 E. RESOLUTION NO. 2019-008 OFT E CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT; DECLARING TGIF INTENTION TO LEVY AND COLLECT T ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2019120 ASSESSMENTS FOR OPEN SPACE DISTRICT 1 F. RESOLUTION NO. 2019-009 O1= THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; ANLL SETTING A PUBLIC HEARING REGARDING THE FISCAL YEAR 2019120 ASSESSMENTS FOR OPEN SPACE DISTRICT EASTL.AKE MAINTENANCE DISTRICT NO 1 (?ONE CC Recommended Action: Council adept the resollutions. . 191-0240 RESOLUTION NO. 2019-070 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY O1= CHULA VISTA IS ELIGIBLE AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS AND IMPLEMENT PROJECTS FUNDED BY CCALRECCYCC E GRANTS, FOR A PERIOD OF FIVE (5) YEARS Recommended Action: Council adapt the resollutivn. 7. 191-0255 A. RESOLUTION NO 2019-071 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA ANIS DAV ARCHITECTURE, INC FOR DESIGN AND CONSTRUCTION ADMINISTRATION FOR A DECD IN FRIENDSHIP PARI B. RESOLUTION NO. 2019-072 OFT E 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), (4/0 VONT REQUIRED) Recommended Action: Council adapt the resolutions. Item 8 was removed from the Consent Calendar. City of Chula Vista Page 4 2019-10-15 Agenda Packet, gage 10 of 124 City Council Meeting Minutes-IDraft. May 7,2019 Approval of the Consent Calend r ACTION: A motion was made by Councilmember McCann, seconded by Counclilmember Diaz, to approve staff s recommendations on the above Consent Calendar items, headings read,text waived.The motion carried by the following vote: Items I through 4, 5A,513,6,and 7: Yes: 5- Diaz, Galvez, McCann, (Padilla and Casiillas Salas INo: 0 Abstain: 0 Item 5C: Yes: 4- Diaz, Ualvez, McCann and Padilla No: 0 Abstain: 1 - Casillas Salas Item D: "Yes: 3- Diaz, Gavez and Padilla No: Abstain: 2- McCann and Casillas Salas Item 5E: Yes: 4- Diaz, Ualvez, Padilla and Casillas Salas No: 0 Abstain: 1 - McCann Item F: Yes: 4- Diaz, Galvez, McCann and Casillas Salas No: 0 Abstain: 1 - Padilla ITEMS REMOVED FROM THE CONSENT CALENDAR . 19-0265 RESOLUTION NO. 2919-073 OF THE CITY COUNCIL OF THE CITY OF CF ULA VISTA RESCINDING RESOLUTIONS 2917-119 AND 2917-1117 WHICH OTHERWISE WOULD HAVE ENDED EMPLOYER PAID MEMBER CONTRIBUTIONS NS EPMC FOR CHULA VISTA POLICE OFFICERS ASSOCIATION (CVPOA) REPRESENTED TIER 1 EMPLOYEES YEES CSN MAY 19, 2919; CONTINUING THE STATUS QUO UNDER THE TERMS OF ARTICLE 2.1 OF TIME 2914-2917 MEMORANDUM OF UNDERSTANDING (AB EXTENDED) BETWEEN THE CITY AND CVOA DURING LABOR NEGOTIATIONS REGARDING EPMC, AND TERMINATING EPMC EFFECTIVE JUNE 7, 2919, WITH A CORRESPONDING, CESSATION OF GOVERNMENT CODE SECTION 20615 PAYMENTS BY CV OA REPRESENTED TIER 1 EMPLOYEES City Manager Halbert spoke regarding the item. City of Chula Vista Page 2019-10-15 Agenda Packet, gage 11 of 124 City Council Meeting Minutes-IDraft. May 7,2019 ACTION: A motion was made by Maar Casillas Salas, seconded by Councilmember McCann, to adopt Resolution No. 2019-073, Leading read, text waived. The motion carried by the following vote: Yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Salas INo: 0 Abstain: 0 PUBL.IC COMMENTS Steven Pavka, Chula Vista resident, expressed concern regarding issues related to immigration. Becky Johnson expressed concern regarding use of e-cigarette products and spoke in support of product testing. Damien Rapp expressed concern regarding issues related to cannabis. PUBL.IC HEARINGS 91. 18-0519 A. RESOLUTION NO. 2019-074 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BOGY OF COMMUNITY FACILITIES DISTRICT NO. 14M2 (EASTERN URBAN CENT R/MILLI=NIA) FORMING ANIS 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 NO. 2019-075 OF THE CITY COUNCIL OF THE CITY OF CHU! A VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 14M-2 (EASTERN URBAN C NTE /MILT FNIA), DECLARING..ING 'THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT C. ORDINANCE OF THE CITY OF CHU! A VISA ACTINO AS THE LEGISLATIVE BOGY OF COMMUNITY FACILITIES DISTRICT NO. 14M-2 (EASTERN M- (EASTERN URBAN CFNTER/MII L NIA), AUTHORIZING THE LEVY O A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (FIRST READING) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Casillas Salas opened the public hearing. There being no members of the public who wished to speak, Mayor Casillas Salas closed" the public hearing. City Clerk Bigelow reported"that no written protests had been received by the City Clerk. City of Chula vista Page 6 2019-10-15 Agenda Packet, gage 12 of 124 City Council Meeting Minutes-(Draft. May 7,2019 ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Galvez, to adopt Resolution No. 2019-974(Item 9A), heading read, text waived. The motion carried by the following vete: "Yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Salas INo: 0 Abstain: 0 City Clerk Bigelow reported that propositions A and B had been approved unanimously. ACTION: A motion was made by Deputy Mayor Padilla, seconded by Councilmember McCann, to adopt Resolution No. 2019-075(Item 911), heading read, text waived. The motion carried by the following vote: "Yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Salas No: 0 Abstain: 0 ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Galvez, to place the above ordinance (Item 9C) on first reading, heading read, text waived.The motion carried by the following vote: Yes: 5- Diaz, Galvez, McCann, (Padilla and Casiillas Salas INo: 0 Abstain: 0 110. 191-0121 RESOLUTION N0. 2019-076 OF THE CITY COUNCIL OF THE CITY OF CHUL.A VISTA RETAINING THE ADMINISTRATIVE FEE FOR RENT CONTROL SERVICES AT $2 FCR FISCAL YEAR 291'9/20 IN CHAPTER 1 OBLEHOM S OF THE CITY'S MASTER FCC SCHEDULE Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Casillas Salas opened the public hearing. Steven Pavka, Chula Vista resident, spoke in opposition to staffs recommendation. There being no further members of the public who wished to speak, Mayor Casillas .alas closed the public hearing. At the request of Deputy Mayor Padilla, there was consensus of the Council to direct staff to evaluate possible provisions to waive the administrative fee for rent control services in certain circumstances. ACTION: A motion was made by Mayor Casillas Salas, seconded by Councilmember McCann, to adapt Resolution No. 2019-076, heading read, text waived. The motion carried by the following vote: "Yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Salas INo: 0 Abstain: 0 City of Chula Vista page 7 2019-10-15 Agenda Packet, gage 1.3 of 124 City Council Meeting Minutes-IDraft May 7,2019 ACTION ITEMS 11 19�-9225 A. RESOLUTION NO. 2919-977 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 OF THE, CALIFORNIA HEALTH AND SAFETY CODE WHICH REQUIRES ANNUAL INSPECTIONS CSF SCHOOLS, APARTMENT HOUSES AN HOTELS/MOTELS B. RESOLUTION NO. 2919-978 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CERTAIN SECTIONS OF CHAPTER 15. (FIRE) OF THE CITY'S MASTER FEE SCHEDULE RELATING TO STATE-MANDATED FIRE INSPECTIONS Fire Division Chief Gipson gave a presentation and answered questions of the Council.. ACTION: A motion was made by Councillmember Galvez, seconded by Councillmember Mlc alnn to adopt Resolution Nos. 20«19'®0«77'and 2019-079, Readings read, text waived.The motion carried by the following vote: Yes: 5- Diaz, Galvez, McCann, (Padilla and Casi las Salas No: 0 Abstain: 0 12. 19-9241 A. RESOLUTION NO. 2919-979 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE ANIS CLASSIFICATION PLAN TO REFLECT CHANCES IN THE COMPENSATION FOR THE FA DEPUTY EXECUTIVE DIRECTOR AND I=A DIRECTOR OF SU L.FCC EFFECTIVE JANUARY 1, 2919 B. RESOLUTION NO. 2019-080 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2918/19 COMPENSATION SCHEDULE EFFECTIVE MAY 19, 2019, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLF 2, SECTION 579.5 TO REFLECT SALARY INCREASES FOR FA DEPUTY EXECUTIVE DIRECTOR AND FA DIRECTOR OF SD L.ECC Police Chief Kennedy provided information on the item and summarized the salaries and benefits of the affected positions. ACTION: A motion was made by Council ember Diaz, seconded by Deputy Mayor Padilla, to adopt Resolution Nos. 2919-079 and 2019-080, headings read, text waived. The motion carried by the following vote: Yes: 5- Diaz, Galvez, McCann, (Padilla and Casl las Salas No: 0 Abstain: 0 City of Chula vista Page g 2019-10-15 Agenda Packet, gage 14 of 124 City Council Meeting Minutes-IDraft. May 7,2019 13. 1 -0242 DISCUSSION AND CONSIDERATION OF ESTABLISHING A PILOT PROGRAM 'TO ALLOW OFF-LEASH DOG ACCESS WITHOUT FENCED BCNUNDARIES IN A PARK, OR PARKS, IN NORTHWEST CHUL.A VISTA Parks and Recreation Administrator Farmer gave a presentation and answered questions from Council. City Attorney Coogins and Deputy City Attorney Trujillo answered questions from Council. Katie Wright, Chula Vista resident, spoke in support of conducting a pilot program at Rohr Park. Lisa Cohen, representing the Chula Vista Chamber of Commerce, spoke in support of a pilot program at Memorial and Friendship Parks. ACTION: A motion was made by Councilmember Galvez, seconded by Deputy Mayor Padilla, to establish a pilot program to allow off-leash dog access at Memorial Park.The motion carried by the following vote: Yes: 5- Diaz, G lvez, McCann, Padilla and Casl las Salas No: 0 Abstain-, 0 14. 19-0243 DISCUSSION AND CONSIDERATION OF DEVELOPING A DESIGNATED OFF-LEASH, FENCED DOG AREA AT ROHR PARK Parks and Recreation Administrator Farmer gave a presentation. Katy Wright, Chula Vista resident, spoke in support of the program but expressed concern regarding the proposed location in Rohr Park and submitted written communications to the Council.. Lisa Cohen, representing Chula Vista Chamber of Commerce, spoke in support of the program. At the request of Councilmember McCann, there was consensus of the Council to direct staff to proceed with the project and work with nearby residents to alleviate concerns regarding the dog park location.. City Manager halbert stated that staff would proceed with the project design and the item would be brought back to Council for further action. 15. 191-0266 FISCAL YEAR 2020 BUDGET DISCUSSION City Manager halbert, Assistant City Manager Kachadoorian, and Director of Finance Bilby gave a presentation on the item and answered questions of the Council. Council discussion ensued.. Councilmember Calvet spoke in support of staff recommending options to add five police officers and one shift of 4-0 staffing in the Fire Department for the next fiscal year. Councilmember Diaz spoke in support of Measure A funds being reported separately from the General Fund and of staff recommending options to add five police officers in the next fiscal year. Deputy Mayor Padilla spoke in support of the Council setting Police Department staffing standards and staff presenting a long-term plan to meet the established standards of the Police and Fire Departments. City of Chula Vista page 9 2019-10-15 Agenda Packet, gage 15 of 124 City Council Meeting Minutes-IDraft. May 7,2019 !Mayor Casilfas Salas spoke regarding the importance of fulfilling the City's obligations related to pleasure A and of the comprehensive services that the City provides. Councilmember Galvez spoke in support of the Council discussing options to reduce expenditures that did not involve direct public services. Staff responded to comments and questions of the Council. Lynnette Tessitore, representing the Chula Vista Mid-Managers/Professional Association, spoke regarding the work of employees throughout the City and in support of all labor groups being included in discussions to address public safety staffing concerns. Theresa Acerro, representing the Southwest Chula Vista Civic Association, spoke in support of the City pursuing increases in revenue and considering contracting out services. David Oyos, representing the Chula Vista Police Officers Association, spoke in support of a long-term public safety staffing plan and stated that the Association did not support increased public safety staffing at the expense of staff in other departments. There was consensus of the Council to direct staff as follows: -Provide Council with a report on public safety standards within 90 days; -Present a three-year, budget-balancing plan in Pall 201 g; -Begin early development of the Fiscal Year 2020-21 proposed budget;and -Provide Council with information mid-year on the possibility of adding public safety staffing, in addition to Measure A staffing.. CITY MANAGER'S REPORTS There were none. MAYOR'S REPORTS Mayor Casillas Salas spore regarding her attendance at the following events. opening of new exercise equipment at Norman Park, Mid-Coast Trolley tour, reception for new Army recruits,19th annual Clay of the Child Community Fun Fair, Eagle Scout ceremony for Dominque Harmon, the San Diego County Law Enforcement Memorial f=oundation officers ceremony, the Dining out for Life lunch at 7 Mile Casino that benefitted the new LGA" Center in Chula Vista, a book signing event with Chef . arcela Valladolid, promotion ceremony for?b Dire Department personnel, and a speaking engagement at 1=redricka Manor: Deputy!Mayor Padilla left the meeting at 8.-,54 p.m. C UINCILM MBERS" COMMENTS Councilmember McCann spoke regarding his attendance at the following events.- A Night to Remember prom, Eastlake Educational Foundation event, presentation to Eastlake High School students regarding the Millenia project, merit badge ceremony for `droop 858, Girl Scouts STEM Fair at l lontevalle Park, and a Chula Vista Fire Department promotion ceremony. Councilmember Diaz stated" he would host a district forum on the topics of the 2020 census and the City's prosecution unit's focus on illegal marijuana operations.. CITY ATTORNEY'S REPORTS City Attorney Goog ns reported on his attendance at a presentation on fake news by Lorie Hearn of inewsource.. City of Chula Vida Osage 10 2019-10-15 Agenda Packet, gage 16 of 124 City Council Meeting Minutes-IDraft. May 7,2019 16. 19-0271 UPDATE ON FEDERAL LITIGATION CHALLENGING CALIFORNIA'S SB, 54 IMMIGRATION POLICIES City Attorney Coogins provided an update on the item. 117. 101-0278 CITY COUNCIL CONSIDERATION OF JOINING MICU!S BRIEF IN SUPPORT OF INJUNCTION PREVENTING DENIAL OF FEDERAL FUNDS IF LOCAL AGENCIES CHOOSE TO LIMIT THEIR PARTICIPATION IN IMMIGRATION ENFORCEMENT, IN CONNECTION WITH CASES BAN FRANCISCO V. BAF CASE NO. 18-17308) AND STATE O F CCA V. WHITAKER (CASE NO. 18-17311 Mayor Casillas Salas announced that Councilmemher McCann would abstain on the item due to a potential conflict of interest related to his service in the Navy Deserve f=orce. He left the dais during discussion and voting on the item.. City Attorney Googins spoke regarding the item. ACTION: A motion was made by Mayor Casillas salas, seconded by Councilrnrember t alvei,to join the amicus brief.The motion carried by the following vote: Yes: Diaz, Galvez and Casilllas salas IN o: 0 Abstain: 1 - McCann CLOSED SESSION City Attorney Coogins announced that the Council would convene in closed session to discuss the items listed below. Mayor Casillas Salas recessed the meeting at 9:15 p.m. The Council reconvened in dosed Session at 9:20 p.m., with all members present, except Deputy Mayor Padilla. Pursuant to Resolution N0. 18700 and Council Policy N0. 840-08, Official Minutes and records of action talon Curing Closed Sessions are maintained by the City Attorney. 118. 191-0274 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54050.0 (d)(1) Name of case: Christian Medina v. Marcela Ruvalcaha, et al., San Diego Superior Court, Case No. 87-201°0-00012507-CUA- A-CTL. ACTION: No reportable action-pending finalization of settlement. City of Chula Vista Osage 11 2019-10-15 Agenda Packet, gage 17 of 124 City council Meeting Minutes-IDraft. May 7,2019 19. 19-0278 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One 1 Case. city of Chula vista and Chula vista Redevelopment Agency Successor Agency v. Keely Bosler, in her official capacity as California State Director of Finance; Tracy M. Sandoval, in her official capacity as San Diego Auditor-Controller. ACTION: No reportable action. ADJOURNMENT The meeting was adjourned at 9:5p.m. Prepared by. Sheree Kansas, CMC, Deputy City Clerk Kerry K. Bigelow, MMCF, city Clear City of Chula Vista Osage 12 2019-10-15 Agenda Packet, gage 18 of 124 C® of Chula Vista Meetinge Minutes -, Draft Tuesday, May 14,,2019 6:00 RM Council Chambers 276 4th Avenue, (Building A Chula Vista, CA 91910 MAYOR MARY CASILLAS SALAS STATE OF THE CITY ADDRESS A special meeting of the City Council of the City of Chula Vista was called to order at 6:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. IP,resent: Councilmember Diaz, Councilmember Galvez, Councilmember McCann, Deputy Mayor Padilla and Mayor Casillas Salas 191-0261 STATE OF THE CITY ADDRESS WELCOME City Attorney Googins welcomed the audience to the 201'9 State of the CitAddress, and introduced y special guests and dignitaries present at the meeting. PLEDGE OF ALLEGIANCE Deputy Mayor Padilla led the Pledge of Allegiance. INVOCATION City Attorney Googins introduced Pastor Jon Venter of The Refinery, who offered the invocation. COMMUNITY AWARDS PRESENTATION Members of the Council presented community awards. Mayor Casillas Salas recognized Rosy Vasquez. Deputy Mayor Padilla recognized Adriana Guevara Gluyas. Councilmember Diaz recognized Ruben Torres. Councilmember Galvez recognized Maria Galleher. Councilmember McCann recognized Tony Stewart. STATE OF THE CITY ADDRESS City Attorney Googins introduced Mayor Mary Casillas Salas. Mayor Casillas Salas presented the State of the City Address. ADJOURNMENT The meeting was adjourned at 6:53 p.m. Prepared by: Tyshar L. Turner, Deputy City Clerk Kerry K. Bigelow, UIVIG, City Clerk City of Chula Vista Page 1 2019-10-15 Agenda Packet, Page 19 of 124 I T 1 L spun" is m"MENT A A0""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA October 1 ,2019 File ID: 19-043,0 'TITLE RESOLUTION OF THE CITY COUNCIL of THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR SHE "PARI SIDE SEWAGE PUMP STATION UPGRADE (SWR029,3)" PROJECT To BLU PACIFIC ENGINEERING & CONSTRUCTION IN TIFF AMOUNT of $1.,350,270; AND APPROPRIATING $170,000 FROM THE AVAILABLE BALANCE of THE SEWER FACILITY REPLACEMENT FUND To CIP SV" R02 3 (4/5 VOTE REQUIRED) RECOMMEND ..� w ACTION Council adopt the resolution. SUMMARY On august 21., 2019, the Director of'Engineering and Capital Projects received five 5 sealed bids for the "Parkside Sewage Pump Station Upgrade SWR02+/3))I project. The project is included in the Capital Improvement Program for Fiscal Year 2018/20,19. The proposed resolution, if approved, would 1) accept bids; 2 award the contract for this project to Blue Pacific Engineering& Construction (Blue Pacific) in the amount of '1.,350,270; and 3 appropriate $170,000 from the ,Sewer Facility Replacement Fund to CIP S"'U R0 2 3. ENVIRONMENTAL REVIEW The City's Development Services Director 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 CFQA Guidelines Section 15301 Class I (Existing Facilities),Section 1.5 13 02 Class 2 (Replacement or Reconstruction), and Section 1.5303 class 3 (New Construction. or Conversion of Small Structures) because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway,be located on a site pursuant to Section 65962.5, or cause a substantial adverse change in the significance of a historical resource.Thus,no further environmental review is required. BOARD/COMMISSION/COMMITTEE,RECOMMENDATION Not applicable. 1 l Page 1 2019-10-15 Agenda Packet, gage 20 of 124 DISCUSSION CTP WR0293 scope of work includes the repacement of'an existing sewage pump station in Parkside Drive. The project also includes the installation of a new wet well, emergency storage vault, new pumps, new generator,and parallel force main in Parkside Drive. Bidding Process On July 26, 2019, Engineering and Capital Projects Staff advertised the project and received five (5) sealed bids on August 21,2019. 'The base bid totals from the prime contractors were as follows: Ranking Contractor Bid Amount 1 Blue Pacific Engineering & Construction $1,350,270 (San Diego) 2 TC Construction Co., Inc. (Santee,CA) $11366)666 3 Cass Construction, Inc. (El Cajon, CA) $1;394)024 4 Aherns Mechanical (San Diego, CA) $1)438;177 -5 Piperin Corporation(Escondido, CA) $11558)456 During Staff s review of the bid proposals received, a minor computational error was discovered that resulted in an administrative adjustment in accordance with the bid specifications to Blue Pacific's original bid amount. The administrative adjustment to the bid amount did not change the lowest responsive bidder for the project. The original and adjusted bid amounts are as follows: BLUE PACIFIC ENGINEERING& BID AMOUNT CONSTRUCTION Original $113451770 Adjusted $113501270 Blue Pacific has acknowledged the minor computational error in their bid proposaland indicated that they will honor the adjusted bid amount(Attachment 1). The adjusted apparent low bid by Blue Pacific of $1,350,270 is $116,594 (approximately 9%) above the Engineer's estimate of$1,233,676. Blue Pacific is currently an active licensed Class"A",General Engineering Contractor (License No. 824455), and has performed similar work in the City with satisfactory performance. All listed sub-contractor's licenses are also current and active. On August 27, 2019, the City received a formal bid protest (Attachment 2) from the second apparent low bidder, TC Construction Co. Inc. (TC). The basis of protest stems, from Blue Pacific's bid proposal irregularities completing the List of Contractors form. On August 29,2019,the City informed Blue Pacific of the protest and offered them the opportunity to respond. On September 3,2019,the City received Blue Pacific's response. Blue Pacific has reaffirmed both Blue Pacific and subcontractors have licenses to complete the work. After receipt of TC"s bid protest and Blue Pacific's response, the City Attorney's Office conducted a review of Blue Pacific's bid proposal and concluded Blue Pacific's b�id was non-responsive,in part, due to deviations P zi g e 12 2019-10-15 Agenda Packet, Page 21 of 124 from the bid s,pecifications, and requirements. However, the City Attorney's Office also concluded that the deviations were immaterial and subject to waiver by the! City. As such, Staff informed TC and Blue Pacific (Attachment 3)that it intended to waive the bid irregularities and award the contract to the apparent low bidder. Based on the above, Staff recommends that the City Council approve the award of project contract to the apparent low bidder, Blue Pacific. Disclosure Statement Attachment 4 is a copy of'the Contractor's Disclosure Statement. W,ageStatement The Contractor that is awarded the contract and its subcontractors are required to pay prevailing wages to persons employed by them for work under this contract. The prevailing wage scales are those determined by the Director of Industrial Relations, State of'California. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet oft e boundaries of the property which is the subject of this action. Consequently, this item does not represent 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 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 Approval of this resolution will appropriate$1701,000 from the Sewer Facility Replacement Fund and initiate the construction phase of SWR0293. Sufficient funds are available for said appropriation;therefore,there is no additional impact to Sewer Facility Replacement Fund. Funds Required for Construction A. Contract Amount $11350)270 13. Contract Contingency $203)000 C. Desi n Staff Cost $10,000 D. Construction Ins ection Staff Cost $195,511 E. Survey Staff $20,Y000 Total Funds Rgq,uired for Construction $1,780)781 Available Fug"in A. Project Budget(SWR0293) $1;610)781 B. ro riate Funds (Sewer Facility Replacement) $170)000 Total Funds Available for Construction $1,780)781 ONGOING FISCA1,IMPACT Upon completion of the project,the improvements will require only routine City maintenance. P zi g e 3 2019-10-15 Agenda Packet, Page 22 of 124 ATTACHMENTS 1. Letter of'Acknowledgement I Bid Protest Letter I Response to Bid Protest Letter 4. Disclosure Statement Staff Contact:Luis Pelayo P zi g e 4 2019-10-15 Agenda Packet, Page 23 of 124 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BLOB, AWARDING THE CONTRACT FOR THE "'PARKSIDE SEWAGE PUMP STATION UPGRADE (SWR0293)1PROJECT TO BLUE PACCIFICC ENGINEERING & CONSTRUCTION IN THE AMOUNT OF $1,350,270; AND APPROPRIATING $170,000 FROM THE AVAILABLE BALANCE OF THE SEWER FACILITY REPLACCEMEN C FUND TO CCI.p SWR0293 WHEREAS, section 2.5 x.1 o of the Chula vista Municipal Code authorizes the City to contract for public works; and WHEREAS, on ,duly 26, 2019, the Department of Engineering and Capital, Projects solicited bids for the "Parkside Sewage Pump Station Upgrade SWR0293)" project in. accordance with Chula Vista municipal Code section 2.56.160.A- and WHEREAS, on August 21, 2019, the Director of Engineering and Capital Projects received five ) sealed bids for the "Parkside Sewage Pump Station Upgrade (SWR0293)" project; and WHEREAS, the apparent low bid for the project was submitted by Blue Pacific Engineering & Construction (Blue Pacific) in the amount of $1,350,270, which is above the Engineer's estimate of $1,233,676 by $116,594 (approximately 9% above the Engineer's estimate); and WHEREAS, staff discovered a minor computational error that resulted in an administrative adjustment in accordance with the bid specifications to Blue Pacific's original bid amount. The administrative adjustment to the bid amount did not change the lowest responsive bidder for the project; and WHEREAS, on August 27, 2019, the City received a formal bid protest from the second apparent low bidder, TCC Construction Co. Inc on the contention that there were irregularities in Blue Pacific's bid relating to the completion of the List of Contractors form., and WHEREAS, on August 29, 2019, the City informed Blue Pacific of the protest and offered them the opportunity to respond. On September 3, 2019, the City received Blue Pacific's response. Blue Pacific's response confirmed both Blue Pacific and subcontractors have proper licenses and adequate personnel to fully complete the work; and WHEREAS, in response to TCC CConstruction. Co. Inc."s protest and Blue Pacific's response, the City Attorney's Office conducted a review of Blue Pacific's bid proposal and concluded Blue Pacific's bid was non-responsive in part due to deviations from the bid 2019-10-15 Agenda Packet, gage 24 of 124 specifications and requirements. However, the City Attorney's Office also concluded that these deviations are immaterial, and subject to waiver by the City; and WHEREAS, staff recommends waiving those irregularities and awarding the project contract to Blue Pacific in the amount of$1,350,270; and WHEREAS, staff is recommending appropriating Sewer Facility Replacement funds in the amount of$170,000 for purposes of completing the project; and WHEREAS, the Sewer Facility Replacement Fund has a sufficient balance available to fund CIP SWR0293. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it accepts bids, waives irregularities, and awards the contract for the "Parkside Sewage Pump Station Upgrade (SWR0293)" project to Blue Pacific Engineering & Construction in the amount of$I,3 50,2"70. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes and directs the Mayor to execute the project contract on behalf of the City and directs a copy of the project contract to be kept on file with the Office of the City Clerk. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes appropriating $170,000 from the available balance of the Sewer Facility Replacement Fund to CIP SW 0293. Presented by Approved as to form by William S. Valle Glen R. Googins Director of Engineering & Capital Projects City Attorney 2019-10-15 Agenda Packet, Page 25 of 124 I Date: 08/23/2019 To: City of Chula Vista. Office ofEngineering 2 76 Fourth Avenue Chula vista, CA 9191 .E: Parkside pump Station Bid. In our bid SWR 2 31 Parkside Pump Station there was an inadvertent oversight in totaling bid iter. number 24.The unit price of 4,500.00 is correct but the extended amount should have been 9,000.00 Which means the correct total for our bid,should be 1,35 ,270.0. �O instead of 1,345,770.0+ Sin erelr, Shahram Elihu Sole Proprietor/Owner of Blue Pacific Engineering&Construction 619-788-9428 2019-10-15 Agenda Packet, gage 26 of 124 ...inn. llllllll, Construction Companyi, Building Communities , August 2 , 2019 Luis Pelayo, P.E. Associate Civil Engineer City of Chula Vista Re Bid Protest Bid No S l"Il'R0293, Parkside Sewa ie Pump !station Upgrade Mr. Pelayo, C Construction Company TCC} has reviewed Blue Pacific Engineering Construction (BPEC) Bid Proposal Package and has discovered that there are multiple instances of errors int e documentation. On Bid Package Sheet 118 "Lint of Contractors" It specifically states in the first paragraph: "The Bidder shall list the name and location of the place of business of,ALL contractors who will perform work or labor or render services in or about the construction of work or improvement or fabricate and install a portion of the work according to detailed drawings contained in the plans and specifications. The Bidder shall also reference the worker Classification No.'s for ALL contractors, which can be found on Sheets 4 through 7 of the List of Contractors.'' (Instance#1 —(Based upon this paragraph, BPEC listed their own Workers Classification as##11 described on page 22 "Craft: Laborer(Construction-Fence erector- ouseMover-San Diego Croup#1". This classification only qualifies for a portion of the work that is to be completed on the project. BPEC failed to list any Classifications for Operating-Engineers, Cement Masons, Carpenters, or Teamsters. All of which will be vital) scopes of work required per the plans and specifications. Furthermore, they failed to (list any subcontractors that would be performing these other classifications of work leaving a large gap in scope. (Instance#2—BIPFC Fisted National Electric Works as their subcontractor for IElectrical. The Classification that they are (listed for is#26 "Street Lighting, Traffic Sig�nal, Underground Systems Journeyman-San Diego-Technician Grade 1". This is not the correct listing for the type of work the (Electrical Subcontractor will be performing. Per sheet 24 there is available area to (list "Additional Classifications as Deeded By Contractor" BPEC failed to use this area for the correct classification of work. Instance# —BPEC (Listed Parada Painting as their subcontractor for Coatings. The Classification that they were (lusted for is #1 "Parking and Highway Improvements (Striping, Slurry and Seal Coat Operations-Laborer)-Sout ern California-Group 11. This, is also not the correct Listing for the type of work that the Coating subcontractor will l be performing. Again, per sheet 24 there is available areato list"Additional Cllass ifications as Deeded By Contractor"' BPEC failed to use this area for the correct classification of work. TC Construction .e ., corporate,Office110540 Prospect A e., Santee, CA www.tcoincsd.com hong 619.448,456,10 fax 619.258.97511 1 estumating fax 619,448.3341 Generaactor 5 Class end(.,-21. 1 "O �� 7 2 Offices dim a goEt� �CoC r irar Inland Empire Imperial l C ar r Z ROC225328 KA andOX53 - Instance#4—IB EC on page 118 for the `Prime Contractor's failed to list the Biedl Schedule Line Item No s)as well as the % of Line Item No(s) Performed. This is part of the required sections to be filled out and ( PEC has failed to complete the document correctly. Thus, per Section 4. (Rejection of Bids Containing Alterations, Erasures, Or Irregularities) based upon the 4 instances described above, the bid submitted by BPEC is not in conformance with the requirements of the bid documents and should be deemed non-responsive. Sincerely, .............. Chad Cameron Estimator/Project Manager TC Construction Co.,, ',Inc., corporate,Office 10540 Prospect Ave.,, Santee, CA www.tcoincsd.com phone,61 9.448,456,10 1: fax 619.258.97511 1 estumating fax 619,448.3341 General Engineering Contractor CA 402459 Class A�and(.,-21. 1 NV Ow'; 0-1,5& " 1,18 of 12 2Q19 anda Eacket J'i� Offices, in�an I go ",ounty, Co'rparate I "Inland Empire I Imperial County AZ RO8 KA and ROC22,5329 K-57 44���fl Roft*W— '0000 "00�__0 74� CIn of CHULAVISTA Department Engiineering & Capital Projects S epte:nb er 19, 2019 073 -1 o-SWRO293 Chad Cameron, Estimator/Project Mang r TC Construction Co., Inc. 10540 Prospect Avenue Santee, CA 92071 SUBJECT: SPONSE TO ID PROTEST FROM TC CONSTRUCTIONCO.,INC.FOR THE "PARKSIDE SEWAGE PUMP STATION UPGRADE (CIP SW.R 3)99 PROJECT Dear Mr. Cameron, In response to TC Construction Co., I .c.'s ("TC") protest of the apparent low bid from Blue Pacific Engineering and Construction ("BP") as non-responsive, the City of Chula Vista "City" has conducted a review of BP's bid proposal on the subject project. Following careful review of'T 's protest and.BP's bid, the City has concluded that BP's bid was non-responsive in part due to deviations from the bid specifications ,and. requirements. P-Iio�wever, the City has also concluded that these deviations are immaterial and subject to waiver by the City. For the reasons stated below, the City intends waive the immaterial deviations and award the project contract to BP. I. BACKGROUND UND On August 21, 2019, the City received.five 5 bids for the Project. After the public bid opening, the City identified BP as the apparent low bidder,and TC as the apparent second low bidder. As requested by TC on.August 21, 201.9, the City provided August 26, 2019 with the bid packets from the apparent low bidder. Thereafter, TC submitted a bid pretest on August 27, 2019 as to the bid submitted by BP. On August 29,2019, the City informed BP of the protest and offered them the opportunity to respond. On September 3, 2019, the City received BP's response. Please find such response enclosed herewith. I ANALYSIS .A bid is responsive if it premises to do what the bidding instructions demand. Williams v. Clovis Unified Such. List. (2007) 146 Cal.AppAth 757, 764. If a bid is non-responsive a public agency may waive an immaterial deviation from the bid specifications where such deviation does not affect the amount of the bid.., does not give the bidder an unfair advantage, and does not affect the bidder's commitment if it is awarded the contract. see e.g. Bay Cities Paving & grading, Inc. v. City of San Leandro (2014) 223 Cal.App.4th 1181, 118.8 MCM Const., Inc. v. City & Cn _ of San Francisca 1998 66 Cal.App.,4th 359, 374. CIV'l*c :enter-, 276 Fourth Avenue,BuildingB Chula Vista,CA 91910 P 11* 0 Pal MaxwellRoad Chula Vista: W ��� asst �.g a� 19691-5021P 1)0�?)469.-5.71 TC's letter presented four bases for its protest of BP's bid as outlined below. The City's response to each basis is also provided below: "On Bid Package Sheet 18 "List of Contractors" It specifically states in the first paragraph: "The Bidder shall list the name and location of the place of business of ALL contractors who will perform work or labor or render services in or about the construction work or improvement or fabricate and install a portion of the work according to detailed drawings contained in the plans and specifications. The Bidder shall also reference the Worker Classification No.'s for ALL contractors, which,can. be found on Sheets 4 through 7 of the List of Contractors. 1. Instance #1 — :Based. upon this paragraph, BP listed their own Workers Classification as #11 described in page 22 "Craft: Laborer (Construction-Fence Erector-HouseMover)-San Diego Group #1. This classification only qualifies for a portion of the work that is to be completed on the project. BP failed to list any classifications for Operating-Engineers, Cement Masons, Carpenters, or Teamsters. All of which will be vital scopes of work' d speciffirequired per the plans and. Furthermore, they failed to list any subcontractors that would be performing these other classifications of work leaving a large gap in scope. The City has determined that BP's bid was non-responsive, in part, as to the above. BP's bid indicates, that it intends to self-perform 93.3% of the work, or all work for which a subcontractor was not listed in its bid proposal. As such,BP has indicated all entities that will perform work on the project and not listing other subcontractors does not render BP's, bid non-responsive. As to listing of classifications, BP's bid may be non-responsive. However,in conformance with City's standard contract administration practices,' BP will be required to attend a pre-construction meeting and identify all proper and necessary trades and worker classifications to complete the project. As such, to the extent this bid irregularity is non- responsive, the City finds it to be an immaterial deviation as it does not affect the amount of the bid, does not give BP an unfair advantage, and does,not affect BP's commitment to complete the project. 2. Instances #2 — BP Listed National Electric Works as their subcontractor for Electrical. The Classification that they are listed for is#26"Street Lighting,Traffic Signal,Underground Systems Journeyman-San Diego-Technician Grade I". This is not the correct listing for the type of work the Electrical Subcontractor will be performing. Per sheet 24 there is available area to list "'Additional Classifications as Needed By Contractor" BP failed to use this area for the correct classification of work. The City has determined that BP's bid was non-responsive as to the above. However, in conformance with City's standard contract administration practices, BP will be required to attend a pre-construction meeting and identify all proper and necessary trades and worker classifications to complete the project. As such,to the extent this bid irregularity is non-responsive,the City finds,it to be an,immaterial deviation as it does,not affect the amount of the bid, does not give BP an unfair advantage, and does not affect BP's, commitment to complete the project 3. Instance #3 -BP Listed Parada. Painting as their subcontractor for Coatings. The Classification that they were listed for is #16 "'Parking and Highway Improvements (Striping, Slurry and Seal Coat Operations-Laborer)-Southern California-Group 1. This is also not the correct Listing for the type of work that the Coating, subcontractor will be performing. Again, per sheet 24 there is available area to list "Additional Classifications as Needed By Contractor" BP failed to use this area for the correct classification of work. Civic Center: 276,1-7ourth Avenue,Buitcling B Chula Vista,CA 91910 WWWchulaviistaca.gov 1 (619)691-50211 a. 619 �&5�741 JNxbLW_Wov*afaeftWzq 1800 Maxwell Road. Chula Vista,CA 91911 age 3 of I The City has determined that BP's bid was non-responsive as to the above. However, in conformance with City's standard contract administration practices, BP will be required to attend a pre-construction meeting and identify all proper and necessary trades and worker classifications to complete the project. As such,to the extent this bid irregularity is non-responsive,the City finds it to be an immaterial deviation as it does not affect the amount of the bid, does not give BP an unfair advantage, and does not affect BP's commitment to complete the project 4. Instance#4—BP on page 18 for the "Prime Contractor" failed to list the Bid Schedule Line Item No(s) as well as the % of Line Item No(s) Performed. This is part of the required sections to be filled out and BP has failed to complete the document correctly." The City has determined that BP's bid was non-responsive as to the above. However, BP's bid indicates that it intends to self-perform 93.3%of the project and identifies subcontractors to complete the remaining 6.7% of the project. As such, to the extent this deviation is non-responsive, the City finds it to be immaterial as it does not affect the amount of the bid, does not give BP an unfair advantage, and does not affect BP's commitment to complete the project II. CONCLUSION For the reasons set forth above,the City concludes that bid submitted by BP is non-responsive,in part, for the failure to include or provide certain information requested by the bid documents. However, after review,the City has concluded that the bidding irregularities are immaterial deviations that may be waived by the City. As such, the City intends to waive those irregularities and proceed with award of contract to the apparent low bidder, BP. We thank you for your interest in the project and hope that you will continue to monitor the City's website for future CIP bid opportunities. If you have any further questions regarding this matter, please contact me at (619) 691-5143. ROSINA CNSTANZA, P.E. SENIOR CIVIL ENGINEER Cc: Jose Luis Gomez, Principal Civil Engineer Michael McDonnell, Deputy City Attorney Blue Pacific Engineering and Construction, 7330 Opportunity Road, Suite A, San Diego, CA 92111 Attachment: Blue Pacific and Construction's Response to Bid Protest Cleric Center: 276 Fourth Avenue Building B Chula Vista.,CA 91.910 o 61� 691-5021 fax 61� 691-5171 Public Works Center: 180[ Maxwell Road Chula.vista,CA 9191.1 ��.�hu� �� �� .g � � � � � (A - ar CD cDCD 0CD �C o CD 0 CD n O r+ C qq �+ CD cn CD CD CDCD �'• cr CSD CD 0 CD CD p f-+. r..t. "o p W CD CD 0 CCD �•� � o O �' CD CD � N O-A CD �' O CD �►. CD 0 O_ _ CD r-L °ate CD "� CDCD [n t.0 M w CD 0 ID �n O - °`� n Ra w CD CD 0 00 CD CD CD C-D CD CD cu �+ CD O P''CD UDR O� O� m W ar CL CD CD O CCD P �. �, O w tntCCID P CDe CD LO CSD �-+ �- C " O (A O CD ►�- a� . 3 CD '�° (rq a.,.� CSD �. �- 717 CL V cu CD �oot LA tj CD CD CD n nr-P CD 0 CD ►�• cn CD v' CD CD CDcn CD CD CD p.. 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M O INC 0 O - =0 � < CD � W V O *OOW QL � DL '�J (D ) ( O U O 3 h w O x rn 3 �p X rymw W = \V O X 1-t" X .nl0,. a �M < CA CD I 01 j wr w C r 8 0 a 0 I ro< f I f i I i r r I i r 0 t 0 2019-10-15 Agenda Packet, gage 35 of 124 CITY OF CRUD. VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101- 1, prior to any action upon matters that will require discretionary action by the Council., Planning Commission and all other official bodies of the City of Chula Vista (the"City"), a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City election must be filed. The following information must be disclosed: I List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier, Shahrarn Elihu,Sole Proprietor 100%Ownership of Blue Pacific Engineering&Construction 2. If any person* identified pursuant to item one (1) above is a corporation or partnership, list the names of all individuals with a two thousand dollars ($2,000) investment in the business (corporation/partnership) entity. N/A 3. If any person* identified pursuant to item one (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profi If Yes,briefly describe the nature of the financial interest the official"may have in this contract. N/A 6. Have you made a contribution of more than two hundred fifty dollars ($250) within the past twelve (12) months to a current member of the Chula Vista City Council? No X Yes If yes, which Council member? 7. Have you provided more than three hundred forty dollars ($340), or an item of equivalent value, to an official" of the City in the past twelve (12) months? This includes being a source of income, money to retire a legal debt, gift, loan, etc.)Yes No X If Yes, which official"and what was the nature of item provided`? Date:08/02112019 S ignatur"fe'4"nwtrVactor/Appli'c"dnt Blue Pacific Engineering &Construction Shahrarn Elihu Name of Company, Firm or Entity Print or type name of Contractor/Applicant Sole Proprietor Title Person is defined as: any individual, firm, co partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, 1 6. municipa,lity, district, or other political subdivision, or any other group or combination acting,as, a unit. Official includes, but is, not limited to: Mayor, Council member, Planning Commissioner,, Member of a board,commission, or committee of the City, employee, or staff members. 30 Q:I Pro jectsIS WR0293-Parkside Puny)Station Wid Package�S TVR293 Bid Package.doe Rev.04108120-191 2019-10-15 Agenda Packet, Page 37 of 124 I T 1 L spun" is m"MENT A A0""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA October 15,2019 File IIS: 19-0180 TITLE A. RESOLUTION Io of TIFF CITY COUNCIL of THE CITY of CHULA A VISTA CALLING A GENERAL MUNICIPAL ELECTION To RE HELD ON TUESDAY, MARCH 3, 2020, FOR THE ELECTION of TWO MEMBERS OF 'THE CITY COUNCIL, REPRESENTING DISTRICTS 3 AND 4 CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; AND REQUESTING THE COUNTY OF SAN DIEGO BOARD of SUPERVISORS To PERMIT THE REGISTRAR of VOTERS To PERFORM CERTAIN SERVICES FOR THE CONDUCT of TIFF ELECTION R. RESOLUTION OF'THE CITY COUNCIL OF THE CI'T'E OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING To MATERIALS SU MITTED TO THE ELECTORATE AT TIFF GENERAL MUNICIPAL ELECTION To BE HELD TUESDAY, MARCH 3, 2020 RECOMMENDED ACTION Council adopt the resolutions. SUMMARY The purpose of the March. 3, 2020 General Municipal Election is to determine which candidates will be the run-off candidates in the November 2020 election for the two City Council Members who will represent 1. Districts 3 and 4, each for a Lull term of four years commencing December 2020. Adoption of the proposed resolutions is required to give notice of the election and to adopt regulations for candidates. ENVIRONMENTAL REVIEW The Director ofDevelopment Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEA) 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. 15,01601(c)(3) of the State CFQ,A Guidelines,the activity is not subject to CFQ,A. Thus,no environmental review is required. BOARD/CO,MMISSION"/CO',MMI"TTEE RECOMMENDATION Not applicable. DISCUSSION The Chula Vista Charter requires that General Municipal Flections be scheduled in conjunction with statewide primary elections. The next statewide primary election will be :held on:March 3, 2020. Pursuant Charter section 3001,the two candidates for each seat who receive the highest and second highest number of Page 11 2019-10-15 Agenda Packet, gage 38 of 124 votes cast in the March election will be the candidates in a run-off election to be held on November 3, 2020. The Charter requires a run-off, even if one candidate receives more than 50% of the vote in March. If only two qualified candidates file nomination papers to participate in the general municipal election for a particular seat,no March election will be held for that seat,and the two candidates will be the candidates at the run-off'election in November. The period for filing nomination documents for the March 2020 election is November 12 through December 6, 2019,during normal office hours,as posted, of the Office of the City Clerk. California Elections Code Section 10403 requires the City Council to adopt a resolution requesting the Board of Supervisors to consolidate Chula Vista's election with the statewide general election and to permit the Registrar of Voters to perform certain services in conjunction with the City's election. Additionally, California Elections Code Section 13307 provides that the local agency must adopt regulations pertaining to the materials prepared by candidates and the costs thereof. Historically,the City has allowed each candidate to submit a candidate's statement of no more than 200 words. Candidates who choose to file a candidate's statement will be required to pay a deposit at the time their statements and nomination papers are filed with the City Clerk.Should the actual cost be less than the amount of the deposit,the balance will be refunded to the candidates; and should the actual cost be more, candidates will be billed for the difference. 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 It is anticipated that the budgeted amount of approximately$87,0010 will be sufficient to cover the costs of conducting this election. O,NGO,ING FIS,CAL IMPACT There are no ongoing costs associated with conducting the election. ATTACHMENTS None. Staff Contact.,Kerry Bigelow Pzige 2 2019-10-15 Agenda Packet, Page 39 of 124 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CCHUL VlSud►. CALLING A, GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,MARCH 3,2020,FOR. THE ELECTION OF TWO MEMBERS OF THE CITY COUNCIL, REPRESENTING DISTRICCTS 3 ANIS , CONSOLIDATING THE ELECTION WITH THE STATEWIDE ELECTION; ANIS REQUESTING THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR TRAR OF VOTERS TO PERFORM CERTAIN SERVICES FOR THE CONDUCT OF THE ELECTION WHEREAS, in accordance with the provisions of the Chula Vista Charter and State law, a general municipal election shall be held on March 3, 2020 for the purpose of determining which candidates will be the run-off candidates in the November 2020 election for the two City CCouncil. Members who will represent Districts 3 and 4, each for a full term of four years commencing December 2020; and WHEREAS, Section 439.1 of the administrative Code of the County of San Diego authorizes the Registrar of Voters of the County of San.Diego to render specified services relating to the conduct of an election to any city or district that has, by resolution, requested the Board of Supervisors to permit the Registrar to render the services, subject to requirements set forth in that section; and WHEREAS, Elections Code Section 10403 requires the City Council.to adopt a resolution. requesting the Board of Supervisors to consolidate Chula Vista's election with the statewide general. election, and to permit the Registrar i trar of Voters to perform certain services in conjunction with the City's election; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality pct (CEQA) and has determined that this activity is not a "Project" as defined under Section 15378 of the Mate CEQA Guidelines because it will not result in a physical. change to the environment; therefore, pursuant to Section 15060(c)(3) of the Mate CCEA Guidelines, the actions proposed are not subject to CCE+ A.. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows SECTION I. All of the foregoing recitals are true and correct. SECTION 2. pursuant to the requirements of the Chula Vista Charter and the laws of the State of California, there shall be and there is hereby called and ordered held in the City of Chula Nista,California,on Tuesday, March 3,2020,a general municipal,election of the qualified electors of the City for the purpose of electing two members of the City Council to represent Districts 3 and 4, each for a full term of four years, commencing in December 2020. 2019-10-15 Agenda Packet, gage 40 of 124 SECTION 3. Pursuant to Elections Code section 10403, the Board of Supervisors of the County of San Diego is hereby requested to permit the Registrar of Voters to perform and render all services and proceedings, and to procure and furnish any and all official ballots,notices,printed matter and all supplies and equipment and paraphernalia incidental to and connected with the conduct of the subject election of the City of Chula Vista, with the cooperation and assistance of the City Clerk of Chula Vista, in order to properly and lawfully conduct such election. SECTION 4. The Board of Supervisors of the County of San Diego is hereby requested to consolidate this election, with the statewide election to be held on the same day, in the same territory. Pursuant to Section 10411 and Section 10418 of the Elections Code, (a)the election shall be held in all respects as if there were only one election; (b) only one form of ballot shall be used; and(c)the Registrar of Voters of the County of San Diego shall canvass the returns of the subject election, as part of the canvass of the returns of the election consolidated hereby. SECTION 5. Pursuant to Section 10410 and Section 10418 of the Elections Code within the territories affected by this consolidation, the election precincts, polling places, voting booths and polling hours shall, in every case, be the same, and there shall be only one set of election officers in each of the precincts. SECTION 6. The County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for the City of Chula Vista upon presentation of a bill therefor., and this City agrees to indemnify and save free and harmless the County, its officers, agents and employees from,expense or liability, including reasonable attorneys' fees, as a result of an election contest arising after conduct of this election. SECTION 7. The City Clerk is hereby directed to forthwith file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego and to issue instructions to the Registrar of Voters to take any and all steps necessary for the bolding of the election. SECTION 8. The polls of said election shall be open at seven o'clock a.m. of the day of said election and shall remain open continuously from that time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section, 14401 of the Elections Code of the State of California. SECTION 9. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. SECTION 10. In all particulars not recited in this resolution, said election shall be held and conducted as provided by law for holding municipal elections in this City. SECTION 11. Notice of the time and place of holding this election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law. 2019-10-15 Agenda Packet, Page 41 of 124 Resolution No. Page 3 SECTION 12. The City Clerk shall certify to the passage and adoption of this resolution, and file it with the City's original resolutions. Presented by Approved as to form by Kerry K. Bigelow, MMC Glen R. Googins City Clerk City Attorney 2019-10-15 Agenda Packet, Page 42 of 124 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 3, 2020 WHEREAS, Section 13307 of the Elections Code of the State of California allows each candidate for elective office to prepare a candidate's statement of no more than 200 words, on a form provided by the elections official; and WHEREAS, Section 13307 requires the elections official to include the written statements of each candidate in the voter information guide, with a Spanish. translation in some instances; and WHEREAS, Section 13307 permits the governing body of any local agency to estimate the total cost of printing, handling, translating, mailing, and electronically distributing these candidates' statements, and to require each candidate filing such a statement to pay in advance his or her estimated pro rata share as a condition of having his or her statement included in the voter information guide. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: SECTION I. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office running in the general municipal election to be held in the City of Chula Vista on Tuesday, March 3, 2020, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include the party affiliation of the candidate nor membership or activity in partisan political organizations. The statement shall be filed in the Office of the City Clerk during normal business hours, as posted, no sooner than Tuesday, November 12, 2019 and no later than Friday, December 6, 2019. The statement may be withdrawn, but not changed, during the stated period and until 5:00 p.m. on Monday, December 9, 2019. SECTION 2. The City Clerk shall estimate the total, cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to the Elections Code, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance his or her estimated pro rata share as a condition, of having his or her statement included in the voter information guide. The estimate shall be an approximation of the actual cost and may be significantly more or less than the estimate. Accordingly, the City is not bound by the estimate and may, on a pro 2019-10-15 Agenda Packet, Page 43 of 124 rata basis, bill each candidate for additional actual expense or refund any excess paid depending on the final actual cost. SECTION 3. The City Clerk shall provide each candidate, or the candidate's representative, with a copy of this resolution at the time his or her nomination papers are issued. SECTION 4. No candidate will be permitted to include additional materials in the voter information packet. Presented by Approved as to form by Kerry K. Bigelow, MMC Glen R. Goo ins City Clerk City Attorney 2019-10-15 Agenda Packet, Page 44 of 124 I T 1 L spun" is m"MENT A Ao""* Eft' ww"f& 0 1A io, Tt /A(i N uA :5 b CITY OF C H'U LA V I STA October 15,2019 File IIS: 19-0474 'TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY Y of CHULA VISTA AMENDING THE COMPENSATION SCHEDULE ANIS CLASSIFICATION PLAN To REFLECT THE ADDITION OF A POSI"T"ION TITLE ANIS AMENDING TGIF AUTHORIZED POSITION COUNTS IN THE DEVELOPMENT SERVICES DEPARTMENT WITH A NET INCREASE IN AUTHORIZED STAFFING RECOMMEND w DACTION Council adopt the resolution. SUMMARY On September 10, 20119, City Council approved Resolution No 2019-177 amending the compensation schedule and classification plan to reflect the addition and deletion of various position titles and amending the authorized position counts in various department with a net increase in authorized staffing. After approval, staff discovered that while the accompanying agenda Statement and all other resolutions were correct, Resolution No. 2011.9-177 inadvertently omitted two position titles (four FTE'). Staff is requesting adoption of a resolution that includes the omitted position titles. ENVIRONMENTAL REVIEW The Director ofDevelopment Services has reviewed the proposed activity for compliance with.the California Environmental Quality Act (CEA) and has determined that the activity is not a "Project" as defined under Section 151378 oft e State CEQA Guidelines; therefore, pursuant to Section 1506,0(c)(3) of the State CEQA Guidelines,the activity is not subject to CF A. Thus,no environmental review is required. BOARD/COMMISSION/COMMITTEE None DISCUSSION On September 1.0, 2011.9, City Council approved Resolution No 201.9-177 amending the compensation schedule and classification plan to reflect the addition and deletion of various position titles and amending the authorized position counts in various department with a net increase in authorized staffing. Page 1 2019-10-15 Agenda Packet, gage 45 of 124 After approval, staff discovered that while the accompanying Agenda Statement and all other resolutions were correct, Resolution No. 2019-177 inadvertently omitted the addition of the 3.00 Building Inspector 11 and 1.00 Facilities Financing Manager positions. Staff is requesting approval of a resolution that reflects the addition of the Facilities Financing Manager to the Compensation Schedule and Classification Plan. Position Title Bargaining Group E Step Facilities Financing Manager Senior Management $4,601.72 bi-weekly The resolution will further amend the authorized position count for Fiscal Year 2019 - 2020 to reflect the following: Department Position Title FTE Development Services Building Inspector 11 3.00 (Development Services Fund) Facilities Financing Manager 1.00 TO al City-Wide Position Changes(Net Increase/Decrease) 4.00 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 18702.4(a).Consequently, this item does not present a conflict 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 IMPAC 111r There is no fiscal impact as a result of this action. ONGOING FISCA1,IMPACT There is no fiscal impact as a result of this action. ATTACHMEN'TS Resolution No. 20119-177 Staff Contact.- Courtney Chase, Director of Human Resources/Risk Management P g e 2 2019-10-15 Agenda Packet, Page 46 of 124 DocuSign Envelope ID:63614C80-9736-4A46-9C84-B9,F6A2203MSF 4, RESOLUTION NO. 2019-177 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT TME ADDITIONAND DEL ETIO NOFVAI IOUS POSITION TITLES AND AMENDING THE AUTHORIZED POSITION COUNTS IN VARIOUS DEPARTMENTS WITH A NET INCREASE IN AUTHORIZED STAFFING WHEREAS, Civil Service Rule 1.02(A), is applies to the City's classified positions, provides for necessary reviews and changes so that the City's classification plan is kept current, and that changes in existing classes, the establishment of new classes or the abolition of classes are properly reflected in the classification plan; and WHEREAS, in an effort to address the needs of various departments and the City's workforce, the Human. Resources Department, in conjunction with teaffected departments, is proposing the addition and deletion of certain classifications; and WHEREAS, a summary of the new classifications, and the E-Step salaries are as follows.- Posikion Tiftle Bargaining Group E Step Digital Forensics Technician I ACE $2,404.13 bi-weekly Digital Forensics Technician 11 ACE $2,764.75 bi-weekly NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the amendments to the Compensation Schedule and Classification Plan to reflect the change described above. 2019-10-15 Agenda Packet, Page 47 of 124 DocuSign Envelope ID:63614C80-9736-4A46-9C84-B9,F6A2203MSF 4, Resolution No. 2019-177 Page No. 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the following changes to the Fiscal Year 2019/20 authorized position count with a net increase change in authorized staffing: Department Position Title FTE Accounting Assistant -1.00 Finance Fiscal and Management Analyst 1.00 Community Services Fiscal Office Specialist 1.00 Police Digital Forensics Technician 11 2.00 (Measure A Fund) Senior Civil Engineer 1.00 Public Works Inspector 11 2.00 Engineering Associate Engineer 3.00 (Gas Tax/Development Fees) Storm Water Compliance Inspector 11 1.00 Senior Engineering Technician 1.00 Associate Engineer 1.00 Engineering (Sewer Fund) Associate Engineer -1.00 Senior Fiscal Office Specialist -1.00 Public Works Senior Office Specialist 1.00 Development Services Engineering Technician 11 -1.00 (Development Services Fund) Development Services Technician 11 1.00 Total City-Wide Position Changes (Net Increase/Decrease) 11.00 2019-10-15 Agenda Packet, Page 48 of 124 DocuSign Envelope ID:63614C80-9736-4A46-9C84-B9,F6A2203MSF 4, Resolution No. 2019-177 Page No. 3 Presented by Approved as to form by ocu igned by: e--DocuSigned by: 7 CD,85333F5BB34BD... "--CF40650850,444BF.., Courtney Chase Glen R. Goggins Director of Human Resources City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 10th day of September 2019 by the following vote: AYES: Council members: Diaz, Galvez, McCann, Padilla, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None e—DocuSigned by: 062BFD7CO386456. Mary Casillas Salas, Mayor ATTEST: DocuSigned by: 307441 04EAF342E Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA 1, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2019-177 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the I Oth day of September 2019. Executed this I Oth day of September 2019. e--DocuSigned by: 3074D 1 04EAF342E, Kerry K. Bigelow, MMC, City Clerk 2019-10-15 Agenda Packet, Page 49 of 124 RESOLUTION No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE ANIS CLASSIFICA.TION PLAN TO REFLECT THE ADDITION OF A POSITION TITLE AND AMENDING THE .AUTHORIZED POSITION COUNTS IN THE DEVELOPMENT SERVICES DEPARTMENT WITS A NET INCREASE REAS .AUTHORIZED STAFFING WHEREAS, on September 10, 2019, City Council approved Resolution No 2019-177 amending the compensation schedule and classification plan to reflect the addition and deletion of various position titles and amending the authorized position counts in various department with a net increase in authorized staffing; and WHEREAS, after approval, staff discovered that While the accompanying Agenda Statement and all other resolutions were correct, Resolution No. 2019-177 inadvertently omitted the addition of the 3.00 Building Inspector 11 and 1.00 Facilities Financing Manager positions; and WHEREAS, staff is requesting approval of a resolution that reflects the addition of the Facilities Financing Manager to the Compensation Schedule and Classification.Flan; and. Position Title Bargaining Group E Step Facilities Financing Manager Senior Management $4,601.72 bi-weekly NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends the Compensation Schedule and Classification Plan to refect the addition of the position title noted above.. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the following changes to the Fiscal Year 2019-2020 authorized position count with a net increase change in authorized staffing: Department Position Title FTE Development Services Building Inspector II 3.00 Development Services Fund) Facilities Financing Manager 1.00 Total City-Wide Position Chane Net Increase Decrea a 4.00 Presented by approved as to form by Courtney Chase Glen R. Googins Director of Human Resources/Risk Management City attorney 2019-10-15 Agenda Packet, gage 50 of 124 I T 1 L spun" is m"MENT A A0""* Eft' vv"vf& 0 1A io, Tt /A(j N uA :5 b CITY OF C H'U LA V I STA October 15,2019 File ID: 18-053,0 W L A. RESOLUTION OF 'THE CITY" COUNCIL OF THE CITY OF CHULA VISTA FORMING AND ESTABLISHING "THIS BAYFRONT PROJECT SPECIAL 'TAX FINANCING DISTRICT' AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAX WITHIN 'TETE BAYFRONT PROJECT' SPECIAL TAX FINANCING DISTRICT' TO TIFF QUALIFIED ELECTORS OF SUCH DISTRICT B. RESOLUTION O 'THE CITY COUNCIL OF THE CI"T"Y" OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF SHE BAYFRONT PROJECT SPECIAL "SAX FINANCING DIS"TRIC"T", DEFINING IT NECESSARY" TO INCURS BONDED INDEBTEDNESS OF SUCH DISTRICT C.1. RESOLUTION OF 'TETE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY Off" 'THE BAYFRONT PROJECT SPECIAL 'TAX FINANCING DIS"TRIC"T", CALLING A SPECIAL MAIL BALLOT"ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF SUCH DISTRICT SEPARATE PROPOSITIONS TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, TO AUTHORIZE SUCH DISTRICT TO INCUR A. BONDED INDEBTEDNESS SECURED BY THE LEVY OF' SPECIAL TAXES "THEREIN AND TO ESTABLISH AN APPROPRIA"T"IONS LIMIT FOR SUCH DISTRICT ALTERNATIVE 1 OR C.,2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AST E LEGISLATIVE BODY OF THE BAYFRONT PROJECT SPECIAL. 'TAX FINANCING DISTRICT, CALLING A SPECIAL MAIL BALLOT"ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF SUCH DISTRICT SEPARATE PROPOSI"T"IONS TO AUTHORIZE THE LEVY OF SPECIAL FAXES THEREIN, TO AUTHORIZE SUCH DISTRICT TO INCUR A BONDED INDEBTEDNESS SECURED BY THE LEVY OF' SPECIAL TAXES THEREIN AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH DISTRICT (ALTERNATIVE, 2 RECOMMEND ..� w ACTION Council conduct the public hearing and adopt the resolutions,as appropriate. SUMMARY Pursuant to the Amended and Restated Chula Vista Bayfront Master Plan Financing Agreement, dated June 20, 2017 the "A&R Financing Agreement"'), between the City of C1hua Vista (the "City") and the Sari Diego Unified Port District (the "Port District") and the Disposition. and Development Agreement entered into as of May 7, 2018 (the TDA"),by and among the Port District,the City,and RIDA Chula Vista, LTC,the City has v . 01 (,) l Page 1 2019-10-15 Agenda Packet, gage 51 of 124 initiated proceedings to consider the formation of the Bayfront Special Tax Financing District (the "Bayfront District") for the purpose of financing the acquisition or construction of certain public and private improvements and the funding of certain public services within the Chula Vista Bayfront Master Plan (CVBMP area. Formation proceedings were initiated on September 10, 2019,with the adoption of City Council Resolution Nos. 2019-167, 2019-168, and 2019-169, adopting a boundary map of the Bayfront District, declaring the intention of the City Council to establish the Bayfront District, and declaring the necessity of the Bayfront District to incur a bonded indebtedness, respectively. Tonight's actions will continue the formal proceedings to establish the Bayfront District,including: (a) forming and establishing the Bayfront District and submitting the levy of special tax to the qualified electors; (b) deeming it necessary to incur a bonded indebtedness of the Bayfront District; and (c) calling a special mail ballot election and submitting propositions to the qualified electors to: (i) authorize the levy of special taxes in the Bayfront District, (ii) authorize the Bayfront District to incur a bonded indebtedness; and (iii) establish an appropriations limit for the Bayfront District. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CI A) and has determined that the activity is not a "Project P) as defined under Section 15,378 of the State CEQA Guidelines because the proposed activity consists of the creation of a governmental fiscal/funding mechanism which does not result in a physical change in the environment; therefore, pursuant to Section 15'O�6O�(c)(3) oft e State CEQA Guidelines, the activity is not subject to CE A. Thus, no environmental review is required. B0ARD/C0MM1SS1ON/C0MMffE RECOMMENDATION Not applicable. DISCUSSION This public hearing is to be held for the purposes of considering the formation of the Bayfront District,the authorization to levy special taxes, and the necessity of the Bayfront District to incur a bonded indebtedness secured by such special taxes. The Bayfront District will be formed in conformance with Chula Vista Municipal Code (CVI C Chapter 3.60 (Community Facilities Districts - General), the Bayfront Project Special Tax Financing District Procedural Ordinance (C TI" Chapter 3.61),and City Council Policy 5'015-04 (Statement of Goals and Policies Regarding Establishment of Community Facilities Districts). Chapter 3.61 provides a procedure for financing certain public improvements and maintenance and services to serve the CVBMP, area, through the establishment of the Bayfront Project Special Tax Financing District. Chapter 3.61 incorporates certain provisions of the Mello-Roos Act and the California Streets and P zi g e 12 2019-10-15 Agenda Packet, Page 52 of 124 Highways Code, while identifying certain other provisions that will not apply or that will be modified. Modifications and exclusions of the Mello-Roos Act provisions largely relate to the formation process for the future Bayfront District, which will require an election of landowners, not registered voters. The Bayfront District special tax will be levied on hotel and campsite operators who may charge the tax through to transient occupants (hotel and campsite visitors). The special tax will not be levied on traditional residential uses. As such, it is more appropriate for the Bayfront District electors to be the landowners, rather than the registered voters of the Bayfront District. Staff recommends that Council conduct the public hearings, form and establish the Bayfront District, authorize submittal of the levy of' special tax for the Bayfront District to the qualified electors, deem it necessary to incur a bonded indebtedness of'the Bayfront District, and call a special mail ballot election. The City has retained the services of Willdan Financial Services as special tax consultant (the "Special Tax Consultant"), Stradling Yocca Carlson & Rauth as bond counsel, and Best Best & Krieger LLP as legal counsel to provide assistance during the proceedings. All expenses incurred by the City in undertaking the proceedings to consider the formation of the Bayfront District will be reimbursed from future Bayfront District special tax revenues. All ongoing expenses related to the administration of the Bayfront District (including levying and collecting the special taxes and administering bonds of the Bayfront District) are to be funded from the special taxes of the Bayfront District. The ultimate security for any future bonds issued by the Bayfront District are the properties located within the Bayfront District that are subject to the levy of special taxes by the Bayfront District,not the City's General Fund or its ability to tax property within its jurisdiction outside of the Bayfront District. The Bayfront District will be formed in conformance with CVMC Chapter 161 (Bayfront Project Special Tax Financing District Procedural Ordinance). District Boundaries A reduced copy of the recorded boundary map of the Bayfront District prepared by the Special Tax Consultant is presented in Attachment 1. The boundaries of the Bayfront District include approximately 270 acres of taxable property,. The Port District owns approximately 212 acres (79%) of'taxable property, the City owns approximately 6, acres (2%) of taxable property, the San Diego Metropolitan Transit System (MTS) owns approximately 4 acres (1.5%) of taxable property, and the remaining approximately 48 acres (17.5%) of taxable property are privately owned. Pursuant to the A&R Financing Agreement and CVMC Chapter 3.61,the Bayfront District will be authorized to finance transportation and pedestrian facilities, public parks, storm drain facilities, sewer facilities, and other public and private 'improvements. Attachment 2 lists the types of improvements to be financed by the Bayfront District, including a current cost estimate. A final list and cost estimate of the improvements eligible for Bayfront District financing will be brought to Council in conjunction with a future Acquisition/Financing Agreement. P zi g e 3 2019-10-15 Agenda Packet, Page 53 of 124 Services In addition to authorizing the financing of'certain public and private improvements, the Bayfront District will authorize the financing of certain public services within the CVBMP. Attachment 3 shows a proposed list of services,including,but not limited to, operations and maintenance of roadways (including sidewalks, parkways,and medians),parks,and storm drain facilities. Current cost estimates are provided. Prop osedSpeciaI Taxes A copy of the Special Tax Report for the Bayfront District prepared by the Special Tax Consultant is included as Attachment 4,and is on file and available for public review Property located in the Bayfront District would be subject to the levy of a special tax equivalent to 5% of occupancy-based room rate revenues generated from visitor serving accommodations located on such property that are subject to the City's Transient Occupancy Tax (TOT). Property located in the Bayfront District anticipated to be subject to the special tax include hotels and campsites, as well as private residences operating as hotels (i.e. properties offered to the public for short-term rental purposes through Airbnb, Vrbo, etc.). For those properties which do not offer visitor serving accommodations subject to the City's 'SOT, the Bayfront District would have no effect (i.e., private residences not offered to the public for short-term rental purposes, undeveloped land, other commercial uses, or non-operating hotels or campsites). Collection of Taxes The proposed special tax would be initially self-assessed and remitted to the City in the same time and manner as the City's TOT (monthly remittance per Chula Vista Municipal Code). However, should a property fail to self-assess and remit the Bayfront District special tax to the City for such owner's property, the Bayfront District would have the ability to place such special tax on the ad valorem property tax bill of such owner's or leaseholder's) property. In this circumstance, the City's Finance Director would determine the amount of the special tax due,including penalties thereon. Value-to-Lien Ratio Polic The Goals and Policies require a minimum 4:1 value-to-lien ratio as a precondition to the issuance of bonds of a Community Facilities District (CFD). A ratio of'less than 4:1 but equal to or greater than 3:1 may be approved, in the sole discretion of Council, when it is determined that a ratio of less than 4:1 is financially prudent under the circumstances of a particular CFD. A final appraisal and lien-to-value ratio analysis will be available for Council consideration prior to the sale of bonds for the Bayfront District. The first bond sale is projected to occur in calendar year 2020. If'the final analysis shows parcels that fail to meet the 4A or 3:I ratio,one or more of'the following actions would be required: The principal amount of the bonds to be issued for the Bayfront District will be reduced to comply with the Goals and Policies; or Sufficient information must be provided to Council to substantiate the prudence of a lesser value- to-lien ratio. Resolutions There are three resolutions on today's agenda that,if adopted,will accomplish the following: P zi g e 4 2019-10-15 Agenda Packet, Page 54 of 124 The RESOLUTION FORMING AND ESTABLISHING THE BAYFRONT SPECIAL TAX FINANCING DISTRICT' is the formal action forming and establishing the Bayfront.District and authorizing the submittal of the levy of special tax to the qualified electors,and performs the following: (a) sets the name of the District as the Bayfront Project Special Tax Financing District, (b) identifies the Special Tax Report prepared by Willdan Financial Services as the report to be used for all future proceedings; (c) describes the boundaries of the Bayfront District; (d) describes the improvements to be financed by the Bayfront District; (e) describes the services,authorized to be financed by the Bayfront District; establishes a Special Tax, as set forth in the Rate and Method of Apportionment, which will be approved by the adoption of this resolution; (g) implements the provisions of the Local Agency Special Tax and Bond Accountability Act which became effective on January 1, 2001 by specifying that: (i) each special tax shall be levied for the specific purposes set forth in the resolution- (ii) the proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in the resolution; (iii) the District shall establish a separate account into which the proceeds of such special tax shall be deposited;and (iv) the City Manager, or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. (h) allows for substitution of improvements as long as facilities provide a service substantially similar to those set forth in the resolution; and (i) submits the levy of special tax to the qualified electors. The RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS is the formal action of the City Council declaring the necessity to incur a bonded indebtedness of the Bayfront District, and performs the following: (a) declares that the public convenience and necessity requires that a bonded indebtedness be incurred by the Bayfront District; (b) declares that the purpose of the bonded indebtedness is the financing of improvements; (c) describes the territory that will be subject to a levy of special tax to pay for the bonded indebtedness of the Bayfront District; (d) authorizes a maximum bonded indebtedness of$125,000,000; (e) limits the term of the bonds to or (40) years and limits the interest rate on the bonds to twelve percent(12,%),or the maximum rate permitted by law at the time of bond sale; further implements the provisions of the Local Agency Special Tax and Bond Accountability Act by specifying that: (i) such bonded indebtedness shall be incurred for the applicable specific purposes set forth in the resolution; (ii) the proceeds of any such bonded indebtedness shall be applied only to the applicable specific purposes set forth in the resolution; Page 5 2019-10-15 Agenda Packet, Page 55 of 124 (iii) the document or documents establishing the terms and conditions for the issuance of an. such bonded indebtedness shall provide for the creation of an account into which the proceeds of such indebtedness,shall be deposited; (iv) the City Manager, or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required by Government Code Section 53411. (g) submits a ballot proposition to the qualified electors to incur a bonded indebtedness; and (h) calls for a mail ballot special election to be held on January 14, 2020. The RESOLUTION CALLING AN ELECTION is a formal action submitting to the qualified electors of the Bayfront District three propositions related to the formation of the Bayfront District, and performs the following: (a) calls for a mail ballot special election to be held on January 14, 2020; (b) submits a proposition to the qualified electors to authorize the levy of special taxes; (c) submits a proposition to the qualified electors to incur a bonded indebtedness of'$125,0�OO�,000 for specific purposes; (d) submits a proposition to the qualified electors to establish an appropriations limit for the Bayfront. District; (e) authorizes arguments for and against the propositions, argument rebuttals, and directs the City Attorney to prepare an impartial analysis of the propositions; and establishes election procedures. Alternative Proposition Language (Resolutions C,.l,.and C.Z. Legislation currently in front of the Governor for consideration would modify the proposition language required. Resolutions C.1. and C.2. are alternative resolutions, written to conform with either the current code (Resolution C.I.) or the new code as amended (Resolution C.2.). California Elections Code Section 13119 ("Section 13119") applies to ballots used when voting on a measure proposed by a local governing body, including a measure authorizing the issuance of bonds. Section 13119 mandates certain language in, and formatting of,the measure. Section 13119(b) provides that if the proposed measureimposesa tax,the ballot shall include in the statement of the measure to be voted on the amount of money to be raised annually, and the rate and duration of' tie tax to be levied. Senate Bill 268 would amend California Elections Code Sections 9400 and 13119 to remove this required language,and instead permit measures to include the words"See voter guide for tax rate information." As of the drafting of this staff report, Senate Bill 268 is being considered by the Governor for signature. The Governor has until October 13, 2019 to either approve or veto the bill. Staff will report out at the October 15, 2019 public hearing on the status of Senate Bill 268 and recommend Council approve either Resolution C.1. if the Governor vetoes Senate Bill 268) or Resolution C.2. if the Governor signs Senate Bill 268). Notice All qualified electors within the Bayfront District have been notified of the public hearing through the mail as well as published notice in the Star News. P zi g e 6 2019-10-15 Agenda Packet, Page 56 of 124 Future Actions Adoption of tonight's resolutions call for a mail ballot special election to be held on January 14, 2020. All ballots must be received by the City Clerk by 5:0�O p.m. on this date. The qualified electors will be asked to vote on the authorization to levy special taxes, the authorization to incur a bonded indebtedness of the Bayfront District, and to establish an appropriations limit. Once the votes are cast, Council will be requested to certify the results of the election. Arguments in favor of'or against the propositions and the City Attorney's impartial analysis must be submitted to the City Clerk no later than October 29, 2019. Rebuttal arguments must be filed with the City Clerk no later than November 8, 2019. Pursuant to CVMC Chapter 3.61,the qualified electors will be landowners,i.e.,the owners of land within the Bayfront District with each such owner receiving one (1) vote for each acre or a portion of an acre located within the boundaries oft e Bayfront District. The Bayfront District will be authorized to levy such special taxes and incur such bonded indebtedness if 2/3rds of the votes actually cast in the election approve the authorization to levy such special tax and the authorization for the Bayfront District to incur a bonded indebtedness secured by such special taxes. The San Diego County Registrar of Voters has certified that there are no voters registered to vote within the proposed boundaries of the Bayfront District (see Attachment 5). Additional future actions include approval of an Acquisition/Financing Agreement with RIDA Chula Vista LLC to establish the terms and conditions pursuant to which the Bayfront District will finance the acquisition of public improvements required by the A&R Finance Agreement and the DDA to be constructed by RIDA Chula Vista LLC, the levy of special taxes, and actions associated with the issuance of bonds. DECISION-MAKER CONFLICT' Staff has reviewed the property holdings of'the City Council members and has found no property holdings within 1,000 feet oft e boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financing 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,etseq.)I. 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 IMPAC 111r All expenses incurred by the City in undertaking the proceedings to consider the formation of the Bayfront District and subsequently authorizing, issuing, and selling bonds of the Bayfront District to finance the acquisition and construction of eligible public facilities will be reimbursed from future Bayfront District bond proceeds or special tax revenues, resulting in no net impact to the General Fund or the Development Services Fund. Pzige 7 2019-10-15 Agenda Packet, Page 57 of 124 ONGOING FISCAL IMPACT The cost to administer the Bayfront District, if established, and the issuance of bonds by the B,ayfront District shall be paid from the proceeds of special taxes to be levied within the Bayfront District or the proceeds of bonds issued by the Bayfront District. There is,therefore,no ongoing fiscal impact to the City's General Fund or Development Services Fund as a result of this action. ATTACHMENTS I. Boundary Map 2. Authorized Improvements 3. Authorized Services A. Special Tax Report 5. Certification of Registered Voters 6. Letter of'Concurrence of Election Official Staff Con tact: Tiffany Allen,Developm en t Services Departm e,n t P zi g e 8 2019-10-15 Agenda Packet, Page 58 of 124 Attachment 5 u 61. QJVUrttV of Ar nU UP MICHAEL VU REGISTRAR OF VOTERS CYNTHIA L.PASS Registrar of Votem Counter operatans Center Campus Anistant RegisVw of Voters 5600 Overland Avenue,,Suite 100 San Diego,California X2123-1278 Telephone: (858)568-8800 Tall-Mw 1 (800)696-0136 TIED: (888)694-3441 Facsimile: (888)506-7294 Web Address: w".s otexom August 14, 2019 Willdan Financial Services Attn: Mike I edve 27368 Via Industria, Suite Zoo Temecula, CA 92590 Subject: Bayfront Community Facilities District Dear IIs.0"Brien, Enclosed are the Certification of Registered voters Within the Bayfront Community Facilities District (based on the parcel numbers our office received in the documentation you seat). Please let me know if you have any further inquiries.Thank you. Sincerely, ir ;ter mrr w rrryi�, w AnthonyCd st an GIS Analyst 5600 Overland Ave suite 100 San Diego CA 92123 (858)505-770 2019-1 -15 Agenda ads Packe lugs 59 of 124 Attachment 5 (gouldu Of $= PUP MICHAEL VU REGISTRAR OF VOTERS CYNTHIA L.PAeS Registrar of Voters County Operations Center Campus Assistant Registrar of Voten 5600 Overland Avenue,Shite 100,San Diego,California 92123-1278 Telephone: (858)565-5800 Toll-fine: 1 (800)896-0135 TDD: (858)604-3441 Facsimile: (858)505-7284 Web Address: www.sdvote.com State of California )SS County of San Diego � SUBJECT: Registered voter court within the boundaries of the area(a) described as: Bayfront Community Facilities District As an authorized deputy for the Registrar of Voters, in and for the County of San Diego, State of California, I do hereby certify that I have examined the Affidavits of Registration on file in my office, and from such examination, as nearly as can be determined, do hereby certify there are 0 registered voter(s) residing within the inquired area as of; [ ]the last date official registration totals were seat to the Secretary of State ]the date requested by requester August 14, 2019 [ the date the deputy performed the research DEPUTY. Anthony C. Eastman Registrar of Voters Department Dputy Signature GIS/Cartographic Section 2019-1 -15 Agenda ada Packe lugs 60 of 124 a. Cn OF Offi* CHULAVISTA ce of the City Clerk October 8, 19 Honorable Mayor and Members of the City Council City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Re: Bayfront project Special Tax Financing District —Concurrence of Election of:iicial Honorable Mayor and.Members of the City Council: Pursuant to Chapter 3.61 of the Chula Vista Municipal Code ("Chapter 3.61 " , I will act as the election official (the "Election official and conduct the special election (the `Election within and for the Bayfront Project Special Tax Financing District ( t.. e"'District"). J'he resolution f nni JIL.g and establishing the District (the"Resolution of Fo at%on is scheduled to be adopted on October 15, 2019. Pursuant to Chapter'3.61, if the Election is to be held less than 125 days following the adoption oft e Resolution of Formation, the concurrence of the Election Official is rewired. The Election is scheduled to he held on January 14, 2020 (the `Election Date"), Which is less than 115 days following the adoption of the Resolution , . . o Formation. �.s they Election Official,, l hereby concur with the shortening of time for conducting the flection to the Election Date. Sin cerel Kerry K. Bigelow, MMC City Clerk City of Chula Vista. Election Official for Bayfront «rrrrrrrrrrrrrcurmruruurwuuewwr�wwr"rcmummnuuuuuuuuammrcmmuwrcrcrcrcrcrcrcmrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrmrrrrrrrrrrrrrrrrrrrrrrrrrrrrrmrrrrrrrmmmmmmrrrrrrrrrrrrrrrrmrrrrrrrrrrmmmmmmrrrrrrrrmmmmmrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrmrrrrrrrrmrerrrerrrrrrrr ................ uoinmimomrminomino�omrmimrmimrmirmmmmur�r�mwunrr ^rrrrr� . RESOLUTION . RESOLUTION OF THE CITY COUNCIL OF THE CITY off' HULA VISTA FORMING AND ESTABLISHING THE .BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT AND AUTHORIZING SUBMITTAL OF THE LEW OF SPECIAL TAS WITHIN THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT To THE QUALIFIED ELECTORS TORS Off'SUCH DISTRICT WHEREAS,the City of Chula Vista, California(the"City")is a municipal corporationn,and charter city duly organized and existing udder a charter pursuant to which the City bas the right and power to snake and enforce all laws and regulations with respect to municipal affairs and certain other matters in accordance with and as more particularly provided in.Sections 3, 5,and 7 of Article I of the Constitution of the State of California and the Cbarter of the City; and WHEREAS,Chapter 3.61 of the Chula Vista municipal Code( `Chapter 3.6 1,")was enacted for the purpose of establishing a procedure for financing certain public and private improvements and maintenance and services to serve the Chula Vista Bayfront.Project through the establishment of the Bayfront project Special Tax Financing District(the"District"),the levy and collection of special. taxes within the District and the issuance of bonds of the District secured by such special tapes for the purpose of financing a Convention Center Facility(as defined in Chapter 3.6 1)and certain other public and/or private improvements; and WHEREAS, the City Council of the City(the "City Council") duly adopted its Resolution, No. 2019-168 on September 10, 2019 (the "Resolution, of Intention") wherein the City Council. declared its intention and initiated proceedings to consider the establishment of the District, to set forth the proposed boundaries for the District, to indicate the Improvements (as defined herein below)and the Services(as defined hereinbelow)proposed to be financed by the District,to indicate the proposed rate and apportionment of a special tax sufficient to finance the purchase,construction, expansion,improvement,rehabilitation,replacement and upgrade,including ongoing capital repairs, of the Improvements and the Services, and the administration of the District and to repay any indebtedness incurred by the District, and to set a time and place for a public hearing relating to the establishment of the District(the "Establishment public Hearing"); and WHEREAS, pursuant to the resolution.of Intention,the City Council directed that a report (the "Deport") be filed, at or before the time of the Establishment .public Hearing, with the City Council containing a brief description of the Improvements and Services by type wbi,cb will be required to adequately meet the needs of the District, an estimate of the cost of providing such. Improvements and Services and,with regard to those Improvements proposed to be acquired upon. the completion thereof and those Incidental Expenses(as such term is defined in:Government Code Section 53317(e)�) proposed to be paid for, an estimate of the fair and reasonable cost of such Improvements and Incidental Expenses; and WHEREAS, such Report was timely filed with the City Council; and WHEREAS, the City Council also adopted its Resolution No. 2019-169 9 ("Resolution Declaring Necessity to Incur Bonded Indebtedness") on September 10, 2019, declaring that the 60297.00057\32327221.5 32327221.5 1 2019-10-15 Agenda Packet, gage 62 of 124 public convenience and necessity requires that a bonded indebtedness be incurred by the District in, an amount not to exceed $125,000,000 to contribute to the financing of the Improvements; and, I'll, WHEREAS,the Resolution Declaring Necessity to Incur I t I i%onded Indebtedness fixed the time and place for a public bearing to be held on the intention of the City Council to incur a bonded indebtedness of the District to contribute to the financing of the Improvements,such indebtedness to be secured by all or a portion, of the levy of specialtaxes within the District (the "Indebtedness Public Hearing" and,together with the Establishment Public Hearing, the"Public Hearings"); and WHEREAS,pursuant to the Resolution,of Intention and the Resolution Declaring Necessity to Incur Bonded Indebtedness, the Public Hearings were set by the City Council for Tuesday, October 15,2019, at the hour of 5:00 p.m., or as soon thereafter as the City Council,might reach the matters, in the Council Chambers, City Hall, 276 Fourth Avenue, Chula Vista, California; and WHEREAS,there are on file with the City Clerk,separate proofs of publication of the Notice of Public Hearing regarding the establishment of the District and the necessity to incur bonded indebtedness of the District (thee "Notice of Public Hearing") in the Star News and a Certificate of Mailing of Notice of Public Hearings (the "Certificate of Mailing") showing mailed notice of the Public Hearings to each property owner within the District; and WHEREAS,at the time and place specified,the City Council,consolidated and conducted the Public Hearings,and all persons interested,including,,but not limited to, all taxpayers and property owners within, the District were given an opportunity to appear and be heard, and to present any matters relating to the establishment of the District, the rate and method of apportionment of the special tax proposed to be levied within the District,the extent of the District, the financing of the Improvements and the Services and all other related matters,and the Report and such testimony was beard and considered by this City Council; and WHEREAS,all.communications relating to the establishment of the District,the financing of the Improvements and Services and the rate and method of apportionment of special.tax proposed to be levied within the District have been presented, and it has further been determined by this City Council that a majority protest as specified by Chapter 3.61 has not been received against the establishment of the District,the furnishing of any of the Improvements or Services or the levy of the special tax pursuant to the rate and method of apportionment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA1 AS FOLLOWS: SECTION 1. Recitals.. The above recitals are all true and correct. SECTION 2. Determinations. It is hereby determined by this City Council that: A. All prior proceedings pertaining to the formation of the District were valid and taken in conformity with the requirements of the law,and specifically the provisions oft e Chapter 3.61, and that this finding and determination is made pursuant to the provisions of Chapter 3.61. 60297.00057\32327221.5 2 2019-10-15 Agenda Packet, Page 63 of 124 B. The written protests received,if any,do not represent a majority protest as defined by the applicable provisions of Chapter 3.61 and as applied to the District, the Improvements or the Services or the levy of the special.tai pursuant to the rate and method of apportionment and, therefore, the establishment of the District, the furnishing of the Improvements and Services and the special tai: proposed to be levied within the District have not been precluded by majority protest pursuant Chapter 3.6 1. C. The District, as proposed, conforms to the provisions of Chapter 3.61. D. The registrar of Voters of the County of San Diego has certified that no person is registered to vote within,the territory proposed to be included in the District. E. pursuant to Chapter 3.61 the qualified electors of the District shall be the Landowners of the District as such terra. is defined in. Chapter 3.61 and each such. Landowner who is the owner of record as of the close of the Establishment Public Hearing or any subsequent owner if the!pity Clerk is informed,by reliable evidence, of a clearage in ownership after that time and at least 24 hours before the deadline to submit ballots, or the authorized representative thereof, shall have one vote for each. acre or portionof an acre of land that such. Landowner owns within the District. F. The City Clerk, acting as the election official, has consented to conducting any required election:on a date which is Less than 1.5 days following the adoption ofany resolution forming and establishing the District. SECTION 3. Report. The deport,as now submitted by Willdan Financial Services,special. tax consultant, shall stand as the report as required pursuant to Chapter 3.61 for all future proceedings and all terns and contents are approved as set forth therein. The Report shall be made a part of the record of the Establishment public Hearing. SECTION 4. Nalene of District. The City Council does hereby establish and declare the formation of the District known and designated as the "Bayfront .Project special. Tax Financing District." SECTION 5. Boundaries of the District. The boundaries of the District are generally described as follows: All that property as shown on a map as previously approved by this City Council., such neap entitled" "lap of proposed Boundaries of the Bayfront project Special Tai. Financing District,City of Chula Nista,County of San,Diego,State ofCalifornia,"a copy of which is on file in the office of the City Clerk. The boundary map of the proposed District :has been filed pursuant to Sections 3111 and 31.13 of the Streets and Highways Code of the Mate of California%n.the office of the County Recorder of the County of Sara Diego, at Page 38-44 of Book 48 of the Book of Maps of Assessment and Community Facilities Districts for such. !bounty. 60297.00057\32327221.5 32327221.5 3 2019-10-15 Agenda Packet, gage 64 of 124 SECTION 6. Description tion of the Improvements. The District is authorized to finance the purchase,construction,,expansion,improvement,rehabilitation,replacement and upgrade,including ongoing capital repairs, of certain public and private improvements pursuant to the provisions of Chapter 3.61 and any other method permitted by law. A general description of such improvements is set forth in, Exhibit ".A.," attached :hereto and incorporated herein by this reference (the "Improvements"). All of the Improvements :have an estimated useful life of five years or longer. The Improvements are facilities hies t at the City and/or the San.Diego Unified e port District are authorized y lav to construct, own, or operate, or to which they may contribute revenue. The cost of the Improvements includes Incidental Expenses and may include, but not be limited to, the cost of planning, designing and engineering the Improvements; all costs associated with the establishment of the District, the issuance and administration of bonds to be issued by the District including the payment of any rebate obligation due and owing to the federal government,the determination of the mount of any special taxes to be levied;the cost of collecting any special taxes and costs otherwise incurred in order to carry out the authorized purposes of the District, together with any other expenses incidental to the purchase, construction, expansion, improvement, rehabilitation,replacement and upgrade, including ongoing capital repairs of the Improvements,as set forth. in Section 3.61.o o of Chapter 3.61. SECTION 7. Description tion of Services. The District is authorized to finance maintenance and services authorized to be financed pursuant to the provisions of Chapter 3.6 1. A general description. of the maintenance and services authorized to be financed is set forth in Exbi,bit"13,"attached hereto and incorporated herein by this reference (the "Services"). The Services shallinclude, but not be limited to, the provision of all labor, material., administration, personnel., equipment and utilities necessary to maintain such improvements. The City Council finds that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the District and the Services will not supplant services already available within the boundaries of the District. SECTION 8. Special, Tax. Except where funds are otherwise available, a special tax sufficient to pay for costs of the Improvements as specified in Section 6 above and the Services as specified in Section 7 above (the"Special Tax" or"Special Taxes")�,will be levied pursuant to the provisions of Chapter 3.61. For further particulars as to the rate and method of apportionment of the proposed Special Taxes for the District(the"Fate and Method of Apportionment")reference is made to the attached and incorporated Exhibit"C,","which sets forth in sufficient detail the rate and method of apportionment to allow each .Landowner or operator(as such terms are defined in,Chapter 3.6 1 within the District to estimate the maximum amount that such Landowner or operator will have to pay. The Special. Faxes will be due and remitted with the operator's payment of transient occupancy tapes as set forth in Chapter 3.40 of the Chula Vista municipal Code("Cbapter 3.40"). If a Landowner is not an operator,the landowner shall cause the operator to reran. t the Special Taxes imposed with the operator's payment of transient occupancy tai.. Such Landowner obligation may 60297.00057\32327221.5 32327221.5 2019-10-15 Agenda Packet, gage 65 of 124 be met by including a requirement to remit the Special. Taxes in, a lease or other real property instrument for a Campsite Property or Hotel Property(each as defined in the Rate and Method of Apportionment) and enforcing such requirement, as provided for in, the real, property instrument. However, the Special Tax is not imposed on the Transient as defined in Chapter 3.40), but on the parcel.or possessory interest in a parcel,containing a Hotel or Campsite as such terms are defined in. Chapter 3.61). The Operator may, but is not required to, pass the Special Tax through to the Transients and collect it with Rent as defined in Chapter 3.40). Despite the method of collection and administration,the Special,Tax is distinct from the City's transient occupancy tax and,subject to the Rate and Method of Apportionment,may be enforced,in the event of nonpayment,as provided in the Mell.o-Roos Community Facilities Act of 1982, including through a judicial, foreclosure; however,the City Council reserves the right to utilize any other lawful means of billing, collecting, and enforcing the Special. Taxes, including billing on the secured property tax roll, direct and supplemental billing, any other legal. authority to collect delinquent Special. Taxes, penalties and interest and when lawfully available,judicial foreclosure of the lien of the Special Taxes. Subject to the Rate and Method of Apportionment,any Special Taxes delinquent as of July I of any fiscal year,together with any penalties and interest accrued as of that date,may, at the option, of the City Council., acting as the legislative body of the District,be placed on the secured property tax roll. in that fiscal year and be levied on,the parcel, for which such Special Taxes are delinquent, where it shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien,priority in case of delinquency as is provided for ad valorem taxes. The Special. Taxes are imposed by the District and not the City. The Special Tax shall, be levied by the District, in any year, only on, a parcel or a possessory interest in a parcel within the District for the use of such property during such year as Hotel Property or Campsite Property. I I" SECTION 9. Specia I t r i axes Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council. hereby establishes the following accountability measures pertaining to the levy by the District of the Special. Taxes described in Section 8 above: A. Each Special, Tax shall be levied for the specific purposes set forth in Section 8 above. B. The proceeds of the levy of each such Special Tax shall be applied only to the specific applicable purposes set forth in Sections 6, 7 and 8 above. C. The District shall establish a separate account into which the proceeds of each such Special, Tax shall be deposited. D. The City Manager, or his or her designee, acting for and on behalf of the District, shall.annually file a report with the City Councilas required pursuant to Government Code Section 50075.3. 60297.00057\32327221.5 5 2019-10-15 Agenda Packet, Page 66 of 124 SECTION 10. Preparation of Annual Tax Roll. If there is an annual tax roll prepared for the District the name, address and telephone number of the office,department or bureau which will be responsible for preparing the annual current roll of Special Tax levy obligations for the District and i, , which shall.be responsible for estimating future Special Tax levies pursuant to Chapter 3.6 1, are as follows: Finance Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 (619) 691-5250 SECTION 11. Substitution improvements. The description of the Improvements,as set forth in Exhibit A hereto,is general in its nature. The final nature and location of the Improvements wil.1 be determined upon the preparation of final plans and specifications therefor. Such final plans may show substitutes in lieu of, or modification to, the above described types of facilities and any such. substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar to that as set forth in this Resolution. SECTION 12. Election. This City Council herewith submits the levy of the specialtax to the qualified electors of the District as specified in Section, 2E above, such electors being the Landowners in the District, witb each Landowner having one (1) voter for each acre or portion thereof of land which he or she owns within the District. PREPARED BY: APPROVED AS TO FORM BY: Kelly G. Broughton FASA Lr-v Glen R. Googins Director of Developmental Services City Attorney 60297.00057\32327221.5 6 2019-10-15 Agenda Packet, Page 67 of 124 EXHIBIT DESCRIPTION OF THE AUTHORIZED IMPROVEMENTS 1. Convention: Center Facility(as defined in Chula Vista Municipal, Code Chapter 3.61); 2. Street improvements, including ,grading, paving, curbs, gutters, sidewalks, street si n.alization,signage,street lights,furnishings,and parkway and median landscaping related thereto; 3. Gateway signage; . pedestrian, and bicycle paths; 5. Storm, drains and other water quality devices to ensure regional. permit compliance; . Public utilities(including but not limited to water,reclaimed water,sewer,electric,gas,and telephone)�; 7. Public parrs, open space and recreation, facilities; . Fire protection and emergency response facilities; . Parking improvements; 10. Museums and cultural facilities; 1.1. Ecological and sustainability educational improvements; 12. Energy efficiency, water conservation, and renewable energy improvements; 1.3. Land,rights-of-way and easements necessary for any facilities to be financed by the District; and 1.4. Equipment, apparatus, facilities or futures with an: expected useful life of 5 years or longer necessary for any of the foregoing or.:necessary to provide any of the services described i Exhibit B. 60297.00057\32327221.5 32327221.5 A-1 2019-10-15 Agenda Packet, gage 68 of 124 Ex:HIBIT B DESCRIPTION of THE AUTHORIZED SERVICES Authorized Services shall include the operation, maintenance, servicing, and replacement of the authorized Improvements (see Exhibit A), together with the following additional Services. 1. Landscaping, including,but not limited to trees, shrubs, grass, other ornamental.vegetation located in or on slopes, parkways and medians; 2. Facilities that are directly related to storm water conveyance, including, but not limited to pipes and drainage inlets, detention basins, linear bioretention, and parrs; 3. Walls and fencing; . Parks, including landscaping, facilities, walls, fencing, lighting, and trails; 5. Streetscape improvements, including lighting, furnishings and appurtenances; . Parking improvements; 7. Transportation services; . Promotion of public events and tourism.; 9. Security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental,to those normally provided by the City or other service provider; and 10. repair of the authorized Improvements. For purposes of this description of the Services to be funded by the levy of Special "axes within the District,"maintenance"includes,but is not limited to,the furnishing of services andmaterials for the ordinary and usual. maintenance, operation., management and servicing of any of the authorized Improvements, including: 1. repair, removal, or replacement of the authorized Improvements- 2. Providing for the life, growth, health, and beauty of habitat, including the cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury;. 3. The removal. of trimmings, rubbish, debris, silt, and other solid waste; . The cleaning, sandblasting, and painting of walls and other facilities to remove or cover graffiti; 5. The elimination, control, and removal, of rodents and vermin.; 60297.00057\32327221.5 32327221.5 B-1 2019-10-15 Agenda Packet, Page 69 of 124 6. The operation and management of open space and natural habitat, including biological, monitoring and evaluation of collected data; 7. The conduct of biologicalactivities necessary to sustain the species being protected; 8. The operation, and maintenance of pedestrian bridges and community gardens within or appurtenant to such open, space or habitat area s) and 9. The maintenance and cleaning of drainage and other storm water control facilities required to provide storm water quality control. "Service" or"servicing"means the furnishing of: I. Electric current or energy,gas,or other illuminating agent for any public ligbting facilities or for the lighting or other operation of any other Improvements; and 2. Water for the irrigation of any landscaping or the operation or maintenance of any other Improvements. 60297.00057\32327221.5 B-2 2019-10-15 Agenda Packet, Page 70 of 124 EAHIBIT C RATE AND MET"HOD OF 000010 A P P 0 RT 10 11\1 M E IN T 0 F S P IE C IIA L., TAX BAY F R 0 N T P R OJ E CIT S 1"I E C I A I..., TAX F I N A N C I N G E)I ST R 1 CT The Special Tax authorized by the Bayfront Project Special Tax Financing District (the "District") shall be levied on all Taxable Property and collected within the District as provided herein commencing in Fiscal Year 2020-2021., in an amount determined by the City Council of the City of Chula Vista, acting as the legislative body of the District,through the application of the rate and method of apportionment of the Special Tax set forth below.All of the real property within the District,unless exempted by law or by the provisions hereof, shall be taxed for the purposes,to the extent, and in the manner herein provided. The terms hereinafter set forth have the following meanings: "Act""means the(Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Assessor"s Parcel" means a lot or parcel designated on an Assessor's Parcel Map with an assigned Assessor's Parcel number within the boundaries of the District. "Assessor"s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "Bond Documents" means any indenture of trust, bond indenture, fiscal agent agreement, trust agreement, resolution or other instrument setting forth the terms of any Bonds,as modified,amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Bonds" means any binding obligation to repay a sum of money, including obligations in the form of bonds, notes,certificates of participation, long-term leases, loans from government agencies,or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts,, or any refunding thereof,to which the Special Tax has been pledged. "Boundary Map" means the "Map of Proposed Boundaries of the Bayfront Project Special Tax Financing District, City of Chula Vista, County of San Diego, State of California," filed September 12, 2019,in Book 48 of Maps of Assessments and Community Facilities Districts in the office of the County Recorder. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31,. "Campsite" shall have the meaning given such term in Chapter 3.61. "Campsite Property"means an Assessor's Parcel of Taxable Propertywhich consists of any Campsite or Campsites. "Chapter 3.61" means Chapter 3.61 of the Chula Vista Municipal Code. "City" means the City of Chula Vista. 60297.00057\32327221.5 C-1 2019-10-15 Agenda Packet, Page 71 of 124 "City Council" means the City Council of the City, acting as the legislative body of the District, or its designee. "City Manager" means the City Manager of the City. "County" means the County of San Diego. "Director of Finance" means the Director of Finance of the City. "District"means the Bayfront Project Special Tax Financing District established by the City pursuant to Chapter 3.61. "Exempt Property"means all Assessor's Parcels within the District which are exempt from the Special Tax pursuant to law or Section F herein. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. "Hotel" shall have the meaning given such term in Chapter 3.61. "Hotel Property"means an Assessor's Parcel of Taxable Property which consists of any Hotel or Hotels. "Landowner" shall have the meaning given such term in Chapter 3.61. "Ilii ax[rnum Annual Special Tax Rate"shall,for any Fiscal Year.,not exceed five percent(5%)of all Rent charged during such Fiscal Year for the privilege of Occupancy by Transients of the Campsite(s) or Hotel(s), as applicable, located on each Assessor's Parcel of Campsite Property or Hotel Property. "Occupancy" shall have the meaning given such term in Chapter 3.61. "Operator" shall have the meaning given such term in Chapter 3.61. "Port District" means the San Diego Unified Port District. "Public Property" means any property within the boundaries of the District that is owned or held in trust by or irrevocably dedicated to the City, the federal government, the State of California, the County,the Port District, or any other public agency. "Rent" shall have the meaning given such term in Chapter 3.61. "Resolution of Formation"means the resolution adopted by the City Council pursua�ntto Chapter 3.61 establishing the District. "Special Tax"means the special tax authorized by the District to be levied by the City Council pursuant to Chapter 3.61. "Taxable Property"means all Assessor's Parcels that are not exempt from the Special Tax pursuant to law or this Rate and Method of Apportionment of Special Tax. "Transient" shall have the meaning given such term in Chapter 3.61. B. CL.,ASSIFICA""'nON OF ASSESSORPARCELS Each Fiscal Year, beginning with Fiscal Year 2020-2021,each Assessor's Parcel shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Campsite Property or Hotel Property. Commencing with Fiscal Year 2020-2021, all Campsite Property and Hotel Property shall be subject to the levy of the Special Tax pursuant to Section C below. C. SPECIAL TAX 60297.00057\32327221.5 C-2 2019-10-15 Agenda Packet, Page 72 of 124 For each Fiscal Year commencing Fiscal Year 2020-202,1,the City Council shall, by resolution adopted on or before May 31st preceding such Fiscal Year, levy the Special Tax on each Assessor's Parcel classified as Campsite Property or Hotel Property at a rate not to exceed the Maximum Annual Special Tax Rate. For each succeeding Fiscal Year, the Special Tax shall be levied at the same rate as the rate levied in the preceding Fiscal Year unless the City Council shall, by resolution adopted by May 31st of the preceding Fiscal Year,levy the Special Tax at a different rate than the rate levied in the preceding Fiscal Year not to exceed the Maximum Annual Special Tax Rate. The Special Tax associated with Rent that is charged for Occupancy by Transients shall be considered levied at the same time the Transient ceases such Occupancy. DID MANNER OF COLLECIMIN The Special Tax shall be due and remitted pursuant to the provisions of Section 3.61.120 of Chapter 3.61. WN E. PREPAYMENT 01" THE SPECIAL TAXES, The Special Tax may not be prepaid. F. 1EXERAPI"IONS Assessor's Parcels not classified as Campsite Property or Hotel Property shall be exemptfrom the levyof the Special Tax. GO FAILURE TO SUBMIT Sl,)ECIAL TAX If the Operator of any Campsite or Hotel located on an Assessor's Parcel of Campsite Property or Hotel Property,,or the Landowner of an Assessor's Parcel of Campsite Property or Hotel Property that is not Public Property,fails or refuses to pay the Special Tax levied on such Assessor's Parcel when due,the Director of Finance shall proceed in such manner as deemed best to obtain facts and information on which to base his/her estimate of such Special Tax. As soon as the Director of Finance has acquired such facts and information upon which to base such Special Tax for such Campsite Property or Hotel Property,the Director of Finance shall proceed to determine the amount of such Special Tax due plus any penalties thereon, as described below ("Determination of Special Tax Due"). In the case that such determination is made, the Director of Finance shall give a Determination of Special Tax Due by serving it personally or by depositing it in the United States mail, postage prepaid,addressed to such Operator or such Landowner,as applicable,at its last known address. Such Operator or such Landowner, as applicable, may file an appeal as provided in Section J herein., The Special Tax on any Campsite Property or Hotel Property which is not paid within the time required shall be subject to the same penalties applicable to the transient occupancy tax in subsections A and B of Section 3.40.080 of the Chula Vista Municipal Code. For any Special Taxes and penalties that remain outstanding as of July 1 of each Fiscal Year, the City Council may direct the Director of Finance to cause the submission of any of the delinquent Special Taxes and penalties to the County for inclusion on the propertytax bill for such Assessor"s Parcel(s) in accordance with Section 3.61.130 of Chapter 3.61; provided, however, that any delinquent Special Taxes and penalties with respect to any Assessor's Parcel of Public Property that is classified as Campsite Property or Hotel Property due to the grant of a lease or other possessory interest in such Assessor's Parcel of Public Property to the Operator of a Campsite or Hotel thereon shall only be levied on and constitute a lien against the Operator's leasehold or possessory interest in such Assessor's Parcel of Public,Property,all as contemplated by Section 53340.1 of the Act,as modified by Chapter 3.61,and shall not be an obligation for which the Landowner of such Assessor's Parcel of Public Property is billed or responsible. 60297.00057\32327221.5 C-3 2019-10-15 Agenda Packet, Page 73 of 124 K; 19AA1 Nmoi 1111111E NANCE OF �m� ECORDSSIP'[',,,C I A L ­rAX A U D I T�'I It shall be the duty of the Operator of any Campsite or Hotel located on any Assessor's Parcel classified as Campsite Property or Hotel Property that is subject to the Special Tax to keep and preserve,for a period of three years,all records as may be deemed necessary by the Director of Finance(and that will,at a minimum, include a record of all Rents collected)to determine the Special Taxes levied upon such Campsite Property or Hotel Property by the City Council.The Director of Finance shall have the right to inspect such records at all reasonable times. 1. APPEAL Any Operator of a Campsite or Hotel located on any Campsite Property or Hotel Property or any Landowner of any Campsite Property or Hotel Property claiming that the amount or application of the Special Tax reflected in any Determination of Special Tax Due on such Campsite Property or Hotel Property is not correct, may appeal such Determination of Special Tax Due by filing a notice of appeal with the City Clerk within fifteen (15)calendar days of the serving or mailing of such Determination of Special Tax Due. If such appeal is made by an Operator that is not also the Landowner of such property.,then the Operator shall also provide a copy of such notice of appeal to the Landowner at the same time the Operator files,the notice of appeal with the City Clerk. Upon 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 the District a special three- member Appeal Committee. The Appeal Committee may establish such procedures as it deems necessary to undertake the review of any such appeal. The Appeal Committee shall interpret this, Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any appeals by Landowners, or Operators, as herein specified. The decision of the Appeal Committee shall be final, conclusive, binding as to all persons and shall be served upon the Operator or Landowner in writing at the last known address of such Operator or Landowner.Any amount found due shall be immediately due and payable upon service of the Appeal Committee findings. If the Appeal Committee decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the Operator or Landowner, a cash refund shall not be made,but a credit shall be given against the future Special Taxes on that Assessor's Parcel. J. TERM OF THE SPECIAL "rAXES The Special Tax shall be levied in perpetuity as long as necessary to pay for authorized expenditures as specified in Section 3.f 1.080 of Chapter 3.61. 60297.00057\32327221.5 C-4 2019-10-15 Agenda Packet, Page 74 of 124 I EoSOL TION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ! HULA VISTA, ACTING AS THE LEGISLATIVE BODY OF THE BAYFRONT PROJECT JECT SPECIAL TAX FINANCING DISTRICT, DEEMING ITNECESSARY T INCUR.A BONDED INDEBTEDNESS OF SUCH DISTRICT WHEREAS, the City Council (the "City Council") of the City of Chula Vista (the (14city'" , previously adopted its Resolution No. 2019 -1 on September 1 ��1 (the "Resolution of:Intention") and proposed to establish the .Bayfront .Project Special Tax Financing District (the "District") under and pursuant to the terms and provisions Chapter 3.61 of the Chula Vista Municipal Cede ("Chapter 3.61") and to levy a special tai: therein to finance the purchase, construction, expansion, improvement, rehabilitation, replacement and upgrade, including ongoing capital repairs of certain public and private improvements as described in Exhibit attached hereto and incorporated herein by this reference (the "Improvements"); and WHEREAS, the Resolution of Intention fixed the time and place for a public hearing to be held where the City Council will consider the establishment of the District, the rate and. method of apportionment of the Special. Tax (as defined in the Resolution of Intention) proposed to be levied within the District, the extent of the District, the financing of certain types of public and private improvements, maintenance and services and all other related matters (the "`Establishment Public Hearing"); and. WHEREAS, the City Council also adopted its resolution No. 2019-169 ("Resolution, Declaring -Necessity to Incur Bonded Indebtedness) on September 10, 2019, declaring that the public convenience and necessity requires that a bonded indebtedness be incurred by the District in an amount not to exceed $125,000,000 to contribute to the financing of the Improvements; and. WHEREAS, the Resolution Declaring Necessity to Incur Bonded Indebtedness fixed the time and place for a public hearing to be held on the intention of the City Council to incur a bonded indebtedness of the District to contribute to the financing of the Improvements, such indebtedness to be secured by all or a portion of the levy of special taxes within the District (the "Indebtedness Public Hearing" and, to, ether with the :Establishment public Hearing,, the "Public Hearings"); and WHEREAS, pursuant to the Resolution of Intention, and. the Resolution Declaring Necessity to Incur Bonded Indebtedness, the Public Hearings were set by the City Council for , p.m., y Council. Tuesday, October 1� �C�1 , at the our o rr�. or as soon. thereafter ter as the t might reach the matters, in the Council Chambers, City Hall, 276 Fourth Avenue, Chula Vista, California; and WHEREAS, there are on file with the City Clerk, separate proofs of publication of the Notice of Public Nearing regarding the establishment of the District and the necessity to incur bonded indebtedness of the District (the "Notice of Public Hearing") in the Star News and a Certificate of Mailing of Notice of Public Hearings (the "Certificate of Mailing") showing mailed notice of the Public Hearings to each property owner within the District; and. 60297.0005 28021.4 1. 2019-10-15 Agenda Packet, gage 75 of 124 WHEREAS, at the time and place specified, the City Council consolidated and conducted the Public Hearings, all persons interested, including, but not limited to, all taxpayers and property owners within the District were given an opportunity to appear and be heard, and to present any matters relating to the necessity for incurring bonded indebtedness of the District to contribute to the financing of the Improvements; and the testimony of all interested persons and all taxpayers and property owners for or against the authorization to issue bonds of the District or any other matters in the Resolution Declaring Necessity to Incur Bonded Indebtedness was heard and considered by the City Council; and WHEREAS, the City Council has adopted on this date Resolution No. establishing the District (the "Resolution of Formation") which sets forth the Special Tax to be authorized to be levied within the District and the Improvements and Services that may be financed with the proceeds of such Special Tax; and WHEREAS, at this time the City Council, acting as the legislative body of the District, desires to proceed to make the determination of necessity to incur a bonded indebtedness for the District, to declare the purposes for such debt, and to authorize the submittal of a proposition to the qualified electors of the District, being the landowners of the District, all as authorized and required by Chapter 3.6 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT1 AS FOLLOWS: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Author t This Resolution is adopted pursuant to the provisions of Chapter 3.6 1. SECTION 3. 17indings and Declarations. The City Council hereby specifically finds and declares that the actions authorized hereby constitute and are with respect to municipal affairs of the City and that the statements,, findings, and determinations of the City Council set forth above are true and correct. SECTION 4. Notice of the Indebtedness Public Hearin& The City Council accepts the proof of the Notice of Public Hearing and the Certificate of Mailing and finds, based thereon, that the proper notice of the Indebtedness Public Hearing has been, given in accordance with Chapter 3.61 and that the Indebtedness Public Hearing was conducted with proper and legal notice in all. respects. SECTION 5. Necessityfir Bonded Indebtedness. The City Council hereby expressly deems that the public convenience and necessity require that a bonded indebtedness of the District be incurred as authorized under the terms and provisions of Chapter 3.61 to contribute to the financing of the Improvements. SECTION 6. Purpose for Bonded Indebtedness. The specific purpose for the proposed bonded indebtedness is to contribute to the cost of financing of the Improvements. 60297.00057\32 28021.4 2 2019-10-15 Agenda Packet, Page 76 of 124 The cost of financing the Improvements may include, but not be limited to, all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the bonded indebtedness is proposed to be incurred, including but not limited to, the estimated costs of the purchase, construction, expansion, improvement, rehabilitation, including ongoing capital repairs, and inspection of the Improvements; satisfaction of contractual obligations relating to expenses or the advancement of funds for expenses existing at the time the bonds are issued pursuant to Chapter .61; architectural, engineering, inspection, legal, fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on, any bonds as authorized pursuant to Chapter 3.61; election costs; all costs associated with the establishment of the District; all. costs associated with the issuance of the bonds, including, but not limited to, fees of bond counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs; costs of the administration of bonds to be issued for the District, including the payment of any rebate obligation due and owing to the federal government, the determination of the amount of any Special Taxes to be levied; the cost of collecting any Special Taxes; Incidental Expenses (as such term is defined in Government Code Section 53317(e)) and costs otherwise incurred in order to carry out the authorized purposes of the District. SECTION 7. Territory to Pay for Bonded Indebtedness. This City Council determines that the property subject to the levy of the Special Tax within the District will pay for the bonded indebtedness of the District. A general description of the District is as follows: All that property as shown on a map as previously approved by this City Council, such map entitled "Map of Proposed Boundaries of the Bayfront Project Special Tax Financing District, City of Chula Vista, County of San, Diego, State of California," a copy of which is on file in the Office of the City Clerk. The boundary map of the District has been filed pursuant to Sections 3111 and 31.1.3 of the Streets and Highways Code of the State of California in the Office of the County Recorder of the County of San Diego, at Page 38-44 of Book of the Book of Maps of Assessment and Community Facilities Districts for such County. SECTION 8. Bond Authorization. The amount of the bonded indebtedness of the District may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the indebtedness is proposed to be incurred as authorized pursuant to Chapter 3. 1, including all costs described in Section 6 above. The amount of the indebtedness proposed to be authorized shall not exceed $125,000,000. SECTION 9. Bond Term and Interest Rate. This City Council hereby further determines that the maximum, term of bonds and/or any series shall, not exceed forty (40) years, and such bonds may be issued in differing series, at differing times. The maximum rate of interest to be paid on such bonds may not exceed the greater of either twelve percent (12%) per annum or the maximum rate permitted by law at the time of sale of any of such bonds. The bonds, except where other funds are made available, shall be paid exclusively from the annual levy of the Special Tax within the District, and are not secured by any other taxing power or funds of the District or the City. The bonded indebtedness may be in the form of bonds, 60297.00057\32 28021.4 3 2019-10-15 Agenda Packet, Page 77 of 124 certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private borrowing or individuals, or long-term contracts as permitted by Chapter 3.6 1. SECTION 10. Accountability Measures. Pursuant to and in, compliance with the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part I of Division 2 of Title 5 of the Government Code, this City Council hereby establishes the following accountability measures pertaining to any bonded indebtedness incurred by or on behalf of the District: A. Such bonded indebtedness shall be incurred for the applicable specific purposes set forth in the Section 6. B. The proceeds of any such bonded indebtedness shall be applied only to the applicable specific purposes identified in, Section 6. C. The document or documents establishing the terms and conditions for the issuance of any such bonded indebtedness shall provide for the creation of an account into which the proceeds of such indebtedness shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with this City Council, as the legislative body of the District as required by Government Code Section 5341,L SECTION 11. Election. The proposition related to the incurring of the bonded indebtedness for the District (tbe "Bond Indebtedness Proposition") shall, be submitted to the appropriate qualified voters of the District, together with ballot propositions to authorize the levy of Special, Taxes within, the District and to establish an appropriations limit for the District, at a special election to be held on January 14, 2020, and such election shall be a mail ballot special election,to be conducted by the City Clerk (tbe "Election Official"). The mail ballots are required to be received in the office of the Election Official by the hour of 12:00 p.m. on January 14, 20201 at which time the election shall be closed. If the Bond Indebtedness Proposition receives the approval of two-thirds or more of the votes cast within, the District, with votes allocated pursuant to Chapter 3.6 1, the bonds of the District may be issued and sold for the purposes authorized. PREPARED BY: APPROVED AS TO FORM BY: Kelly G. Broughton FASLA Glen R. Googins Director of Developmental Services City Attorney 60297.00057\32 28021.4 4 2019-10-15 Agenda Packet, Page 78 of 124 EXHIBIT DESCRIPTION OF THE AUTHORIZED IMPROVEMENTS 1. Convention tenter Facility as defined in Chula vista Municipal al Code Chapter 3.61); 2. Street improvements, including grading, paving, curbs, gutters, sidewalks, street signalization, signage, street lights, furnishings, and parkway and median landscaping related thereto, 3. Gateway signage; . pedestrian, and bicycle paths; . Storm drains and other water quality devices to ensure regional permit compliance; . Public utilities (including but not limited to water, reclaimed water, sewer, electric, gas, and.telephone); 7. Public parrs, open space and recreation facilities, . Fire protection and emergency response facilities; . Parking improvements 10. Museums and cultural facilities; 1.1. Ecological and sustainability educational improvements; 12. Energy efficiency, water conservation, and renewable energy improvements, 1.3. Land, rights-ofiway and easements necessary for any facilities to be financed by the District; and 1.4. Equipment, apparatus, facilities or fixtures with an expected useful life of 5 years or longer necessary for any of the foregoing or necessary to provide any of the services described in authorized by the resolution forming the District. 60297.0005 28021.4 A-1 2019-10-15 Agenda Packet, gage 79 of 124 RESOLUTION N . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT, CALLING A SPECIAL MAIL BALLOT ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF SUCH DISTRICT SEPARATE PROPOSITIONS TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, T AUTHORIZE SUCH DISTRICT TO INCUR A BONDED INDEBTEDNESS S ECURE BY THE LEVY OF SPECIAL TAXES THEREIN AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH DISTRICT WHEREAS, the City Council (`City Council") of the City of Chula Vista (the "City""), on September 10, 2019, adopted its Resolution No. 2019-1,68 (the "Resolution of Intention") and its Resolution No. 2019-169 ("Resolution Declaring Necessity to Incur Bonded Indebtedness") thereby initiating proceedings to establish the Bayfront Project Special Tax Financing District (the `District") pursuant to Chapter 3.61 of the Chula Nista Municipal Code ("Chapter 3.61 and WHEREAS, both the Resolution of Intention and the Resolution Declaring Necessity to Incur Bonded Indebtedness set public hearings to be held concurrently on October 15, 201 (collectively, the "Public Hearings" ; and WHEREAS, at the close of the Public Hearings, the !pity Council detem-ined that there was no majority protest under the provisions of Chapter 3.61- and. WHEREAS, at the conclusion of the Public Hearings, the City Council, acting pursuant to Chapter �. 1 p adopted Re�so Resolution No. , establishing the District (the "Resolution of Formation") and resolution No. deeming it necessary that a bonded indebtedness be incurred by the District (the "Resolution. Deeming. It Necessary to Incur Bonded Indebtedness"). and WHEREAS, pursuant to Chapter 3.61 it is necessary that the City Council submit to the qualified electors of the District three separate propositions (collectively, the "Propositions" and individually, a "Proposition") to: (i) authorize the levy of special taxes within the District as specified in: the Resolution of Formation, (ii) authorize the District to incur a bonded indebtedness of such District as provided by the Resolution Deeming It Necessary to Incur Bonded Indebtedness and (iii) establish an appropriations limit for the District; and WHEREAS, Chapter 3.61 provides that the election called for the purpose of submitting the propositions to the qualified electors of the District must be held at least 90 days, but not more than 18,0 days following the adoption of the Resolution of Formation; and WHEREAS, the City Council, acting as the legislative body of the District, desires to call. a special mail ballot election (the "Election") to be held on ,January 14, 2020 (the "Election Date") for the purpose of submitting the .propositions to the qualified electors; 6029 7.0005 7\323 50721.8 1. 2019-10-15 Agenda Packet, gage 80 of 124 WHEREAS, Chapter 3.61 provides that if the Election is to be held less than 125 days following the adoption of the Resolution of Formation, the concurrence of the official. conducting the election shall be required; and WHEREAS, the City Clerk, as the official, designated pursuant to Chapter 3.61 as the official to conduct the Election (the "Election Official"), has concurred with the shortening of time for conducting the Election to the Election Date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT, AS FOLLOWS: SECTION I. Recitals.. The above recitals are all, true and correct. SECTION 2. Findings and Declaration. The City Council hereby specifically finds and declares that the vote in, the Election called by this Resolution shall be by the Landowners (as such term is defined in Chapter 3.6 1) as the qualified electors of the District pursuant to Chapter 3.61 and the applicable provisions of the Elections Code of the State of California (the "Elections Code"). Each Landowner, or the authorized representative thereof, shall have one (1) vote for each acre or portion of an, acre of land owned within the District. SECTION 3. 'Call of Election. The City Council hereby calls and schedules the Election for the Election Date on the Propositions. SECTION 4. Pro ositions. If the Proposition for the levy of the special tax and the Proposition for incurring the bonded indebtedness receives the approval of two-thirds (2/3) or more of the votes cast on each respective Proposition, bonds may be authorized, issued and sold for the applicable purposes set forth in the Resolution Deeming It Necessary to Incur Bonded Indebtedness and the applicable special tax may be levied as provided in the Resolution of Formation. If the Proposition to establish the appropriations limit for the District receives the approval of a majority of the votes cast on such Proposition, such appropriations limit shall be established. SECTION 5. The Propositions. The Propositions to be submitted to the qualified electors at the election shall generally be as follows: 60297.0005 7\323 50721.8 2 2019-10-15 Agenda Packet, Page 8,1 of 124 PROPOSITION A Shall the measure to authorize the Bayfront Project Special Tax Financing District (the "District") to levy special taxes at rates not to exceed 5% of Rent annually charged on, Hotel Property and Campsite Property as such terms are defined in Resolution No. 2019- accompanying this ballot) within the District,until ended by the legislative body or voters, raising an estimated $20,000,000 annually to finance Improvements and Services described in, such resolution, be approved? Yes No PROPOSITION B Shall the measure to authorize the Bayfront Project Special Tax Financing District (the "District") to incur a bonded indebtedness of the District in an amount not to exceed $125,000,000, to be secured by special taxes subject to the approval of Proposition, A above, be approved" Yes No PROPOSITION C Shall the measure to establish an Article X111B appropriations limit equal to $125,000,000 for the Bayfront Project Special Tax Financing District be approved? Yes No SECTION 6. Vote. The appropriate mark placed on the line following the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed on the line following the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 7. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for the holding the Election. The Election Official shall perform and render, or cause to be performed and rendered, all services and proceedings incidental to and connected with the conduct of the Election, which services shall include, but not be limited to, the following activities as are appropriate to the Election: 60297.0005 7\323 50721.8 3 2019-10-15 Agenda Packet, Page 8,2 of 124 A. Prepare and furnish to the election officers necessary election supplies for the conduct of the Election. B. Print the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors. D. Deliver the official ballots to the qualified electors or their authorized representatives, as required by law. E. Receive the returns of the Election materials and supplies. F. Sort and assemble the Election materials and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the Election. H. Fumisb a tabulation of the number of votes given in the Election. I. Conduct and handle all other matters relating to the proceedings and conduct of the election in,the manner and form as required by law. SECTION 8. Arguments and Im- artial Analysis. A. The City Council authorizes (i) any member(s) of the City Council. and (ii) any Landowner eligible to vote on the Propositions, and/or an organization or association meeting the requirements of Elections Code Section 9287(b), to file written arguments in favor of or against the Propositions set forth in Section 5 of this Resolution, and may change the argument until and including October 29, 2019, after which no arguments for or against the Propositions may be submitted to the Election Official. Arguments in, favor of or against the Propositions shall each not exceed 300 words in length. Each argument shall be filed with the Election Official, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The author(s) of an argument may allow additional persons to sign, the argument at the discretion of the author(s). The additional signers are not required to meet the qualifications specified in Elections Code Section 9282. B. The Election Official shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all, necessary actions to cause the selected arguments to be printed and distributed to the voters. C. Pursuant to Section 9280 of the Elections Code, the City Council directs the Election Official to transmit a copy of the Propositions to the City Attorney. The 60297.0005 7\323 50721.8 4 2019-10-15 Agenda Packet, Page 8,3 of 124 City Attorney shall prepare an impartial analysis of the Propositions., not to exceed 500 words in length, showing the effect of the Propositions on the existing law and the operation of the Propositions. The City Attorney shall transmit such impartial analysis to the Election Official, who shall cause the analysis to be published in the voter information guide along with the Propositions as provided by law. The impartial. analysis shall be filed by the deadline set for filing of arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the Propositions were placed on the ballot by a petition signed by the requisite number of voters or by the City Council. D. The provisions, of this Section 8 herein shall apply only to the Election and shall then be repealed. SECTION 9. Rebuttals. A. Pursuant to Section 9285 of the Elections Code, when the Election Official has selected the arguments for and against the Propositions which will be printed and distributed to the voters, the Election Official shall send copies of the argument in favor of the measures to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the Election Official not later than November 8, 2019. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. B. The provisions of this Section 9 herein shall apply only to the Election and shall then be repealed. SECTION 10. Public Examination. Pursuant to Elections Code Section 9295, the Propositions, the impartial analysis, the arguments for and against and the rebuttal arguments, if any, will be available for public examination for no fewer than ten (10) calendar days immediately following the filing deadline for those materials. The Election Official shall post notice in the Election Official's office of the specific dates that the examination period will run. SECTION 1,L Additional Election Provisions. The Election shall be subject to the following addition provisions: A. For each of the propositions set forth in. Section 5, each Landowner who is the owner of record as of the close of the Public Hearings or any subsequent owner if the City Clerk is informed, by reliable evidence, of a change in, ownership after that time and at least 24 hours before the deadline to submit ballots, or the authorized representative thereof, shall have one vote for each acre or portion, of an acre of land that such Landowner owns within the District. B. The Election shall be conducted by mailed ballot, there shall be no polling places for the Election, and 12:00 p.m. on the Election Date is set as the deadline for ballots to be received by the Election Official. 60297.0005 7\323 50721.8 5 2019-10-15 Agenda Packet, Page 8,4 of 124 C. The Election Official is authorized and directed to publish the notice of the Election, as soon, as possible following the adoption of this Resolution, in the Star News. D. All ballots shall be mailed by the Election Official to the Landowners no sooner than December 161 2019 and all. voted ballots are required to be received by the Election Official not later than 12:00 p.m, on the Election Date in order to be counted. E. The Election shall be held and conducted, and the votes canvassed and the returns made, and the results determined, as provided herein, and in all particulars not prescribed in this Resolution, the Election, shall be held and conducted and the votes received and canvassed in the manner provided by law for holding special elections consistent with Chapter 3.6 1. F. The Election Official shall commence the canvass of the returns of the Election, as soon as possible following the deadline for ballots to be received and shall report the returns to the City Council at its next regularly scheduled meeting following the conclusion, of the canvass. G. Upon receipt of the report of the returns, the City Council may, by resolution, declare the results of the Election. PRESENTED BY APPROVED AS TO FORM BY Kelly G. Broughton, FI LA Glen R. Googins Director of Developmental Services City Attorney 60297.0005 7\323 50721.8 6 2019-10-15 Agenda Packet, Page 8,5 of 124 Alternative 2 RESOLUTION NO. RESOLUTION of THE CITY COUNCIL ole THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY of THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT, CALLING A SPECIAL MAIL BALLOT ELECTION AND SUBMITTING To THE QUALIFIED ELECTORS OF SUCH DISTRICT SEPARATE PROPOSITIONS To AUTHORIZE THE LEVY of SPECIAL TAXES THEREIN, T AUTHORIZE SUCH DISTRICT TO INCUR A BONDED INDEBTEDNESS S ECURE BY THE LEVY OF SPECIAL TAXES THEREIN AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH DISTRICT WHEREAS, the City Council (`City Council") of the City of Chula Vista (the "City""), on September 10, 2019, adopted its Resolution No. 2019-1,68 (the "Resolution of Intention") and its Resolution No. 2019-169 ("Resolution Declaring Necessity to Incur Bonded Indebtedness") thereby initiating proceedings to establish the Bayfront Project Special Tax Financing District (the `District") pursuant to Chapter 3.61 of the Chula Nista Municipal Code ("Chapter 3.61 and WHEREAS, both the Resolution of Intention and the Resolution Declaring Necessity to Incur Bonded Indebtedness set public hearings to be held concurrently on October 15, 201 (collectively, the "Public Hearings" ; and WHEREAS, at the close of the Public Hearings, the !pity Council detem-ined that there was no majority protest under the provisions of Chapter 3.61- and. WHEREAS, at the conclusion of the Public Hearings, the City Council, acting pursuant to Chapter �. 1 p adopted Re�so Resolution No. , establishing the District (the "Resolution of Formation") and resolution No. deeming it necessary that a bonded indebtedness be incurred by the District (the "Resolution. Deeming. It Necessary to Incur Bonded Indebtedness"). and WHEREAS, pursuant to Chapter 3.61 it is necessary that the City Council submit to the qualified electors of the District three separate propositions (collectively, the "Propositions" and individually, a "Proposition") to: (i) authorize the levy of special taxes within the District as specified in: the Resolution of Formation, (ii) authorize the District to incur a bonded indebtedness of such District as provided by the Resolution Deeming It Necessary to Incur Bonded Indebtedness and (iii) establish an appropriations limit for the District; and WHEREAS, Chapter 3.61 provides that the election called for the purpose of submitting the propositions to the qualified electors of the District must be held at least 90 days, but not more than 18,0 days following the adoption of the Resolution of Formation; and WHEREAS, the City Council, acting as the legislative body of the district, desires to call. a special mail ballot election (the "Election") to be held on ,January 14, 2020 (the "Election Date") for the purpose of submitting the propositions to the qualified electors; 60297.0005 7\323 84703.5 1 2019-10-15 Agenda Packet, gage 86 of 124 WHEREAS, Chapter 3.61 provides that if the Election is to be held less than 125 days following the adoption of the Resolution of Formation, the concurrence of the official. conducting the election shall be required; and WHEREAS, the City Clerk, as the official, designated pursuant to Chapter 3.61 as the official to conduct the Election (the "Election Official"), has concurred with the shortening of time for conducting the Election to the Election Date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT, AS FOLLOWS: SECTION I. Recitals.. The above recitals are all, true and correct. SECTION 2. Findings and Declaration. The City Council hereby specifically finds and declares that the vote in, the Election called by this Resolution shall be by the Landowners (as such term is defined in Chapter 3.6 1) as the qualified electors of the District pursuant to Chapter 3.61 and the applicable provisions of the Elections Code of the State of California (the "Elections Code"). Each Landowner, or the authorized representative thereof, shall have one (1) vote for each acre or portion of an, acre of land owned within the District. SECTION 3. 'Call of Election. The City Council hereby calls and schedules the Election for the Election Date on the Propositions. SECTION 4. Pro ositions. If the Proposition for the levy of the special tax and the Proposition for incurring the bonded indebtedness receives the approval of two-thirds (2/3) or more of the votes cast on each respective Proposition, bonds may be authorized, issued and sold for the applicable purposes set forth in the Resolution Deeming It Necessary to Incur Bonded Indebtedness and the applicable special tax may be levied as provided in the Resolution of Formation. If the Proposition to establish the appropriations limit for the District receives the approval of a majority of the votes cast on such Proposition, such appropriations limit shall be established. SECTION 5. The Propositions. The Propositions to be submitted to the qualified electors at the election shall generally be as follows: 60297.0005 7\323 84703.5 2 2019-10-15 Agenda Packet, Page 8,7 of 124 Alternative 2 PROPOSITION A. Shall the measure to authorize the Bayfront Project Special Tai Financing District (the "District") to levy special taxes within the District pursuant to the rate and method of apportionment set forth. in Resolution No. 20 19- e approve (See voter guide for tax rate information) Yes No PROPOSITION B Shall the measure to authorize the Bayfront Project Special Tai Financing District (the "District") incur a bonded indebtedness of the District in an amount not to exceed $1,25,000,000 to be secured by special taxes, subject to the approval of Proposition A above, be approved` (See voter guide for tax rate information) Yes No PROPOSITION Shall the measure to establish an Article XIIIB appropriations limit equal to $125,000,000 for the Bayfront project Special Tax Financing District be approved? Yes No SECTION 6. Note. The appropriate mark placed on the line following the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate marls placed on the line following the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition.. SECTION 1. Voter Guide. The Election. Official is hereby informed that the statement of the measure for Propositions A and B shall include the phrase "(See voter guide for tax rate information)" as set forth. in Section 5 above and such statement as required by Elections Code Section 9440(a) shall consist of the Resolution.of Formation and the District Deport as such term is defined in the Resolution of Formation. 6029 7.0005 7\323 84703.5 2019-10-15 Agenda Packet, gage 88 of 124 SECTION 8. Election Procedure. The Election Official is hereby authorized to take any and all. steps necessary for the holding the Election. The Election Official, shall perform and render, or cause to be performed and rendered, all services and proceedings incidental to and connected with the conduct of the Election,, which services shall, include, but not be limited to, the following activities as are appropriate to the Election-, A. Prepare and furnish. to the election officers necessary election supplies for the conduct of the Election. B. Print the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors. D. Deliver the official ballots to the qualified electors or their authorized representatives, as required by law. E. Receive the returns of the Election materials and supplies. F. Sort and assemble the Election materials and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the Election. H. Furnish a tabulation of the number of votes given in the Election. I. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. SECTION 9. Arguments and Impartial final sis. A. The City Council authorizes (i) any member(s), of the City Council and (ii) any Landowner eligible to vote on the Propositions, and/or an organization, or association meeting the requirements of Elections Code Section 928,7(b), to file written arguments in favor of or against the Propositions set forth in Section 5 of this Resolution, and may change the argument until and including October 29, 20191 after which no arguments for or against the Propositions may be submitted to the Election Official. Arguments in favor of or against the Propositions shall each not exceed 300 words in length. Eacn argument shallbe filed with the Election Official, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The author s) of an argument may allow additional persons to sign the argument at the discretion of the author(s). The additionalsigners are not required to meet the qualifications specified in, Elections Code Section 9282. 60297.0005 7\323 84703.5 4 2019-10-15 Agenda Packet, Page 8,9 of 124 Alternative 2 B. The Election Official shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all, necessary actions to cause the selected arguments to be printed and distributed to the voters. C. Pursuant to Section 9280 of the Elections Code, the City Council directs the Election Official to transmit a copy of the Propositions to the City Attorney. The City Attorney shall prepare an impartial analysis of the Propositions., not to exceed 500 words in length, showing the effect of the Propositions on the existing law and the operation of the Propositions. The City Attorney shall transmit such impartial analysis to the Election Official, who shall cause the analysis to be published in the voter information guide along with the Propositions as provided by law. The impartial. analysis shall be filed by the deadline set for filing of arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the Propositions were placed on the ballot by a petition signed by the requisite number of voters or by the City Council. D. The provisions, of this Section 8 herein shall apply only to the Election and shall. then be repealed. SECTION 10. Rebuttals. A. Pursuant to Section 9285 of the Elections Code, when the Election Official has selected the arguments for and against the Propositions which will. be printed and distributed to the voters, the Election Official shall send copies of the argument in favor of the measures to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the Election Official not later than November 8, 2019. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. B. The provisions of this Section 9 herein shall apply only to the Election and shall then be repealed. SECTION 11. Public Examination. Pursuant to Elections Code Section 9295, the Propositions, the impartial analysis, the arguments for and against and the rebuttal arguments, if any, will be available for public examination for no fewer than ten (10) calendar days immediately following the filing deadline for those materials. The Election Official shall. post notice in the Election Official's office of the specific dates that the examination period will run. SECTION 12. Additional Election Provisions. The Election shall be subject to the following addition provisions: A. For each of the propositions set forth in. Section 5, each Landowner who is the owner of record as of the close of the Public Hearings or any subsequent owner if the City Clerk is informed, by reliable evidence, of a change in, ownership after that time and at least 24 hours 60297.0005 7\323 84703.5 5 2019-10-15 Agenda Packet, Page 90 of 124 before the deadline to submit ballots, or the authorized representative thereof, shall have one vote for each acre or portion, of an acre of land that such Landowner owns within the District. B. The Election shall be conducted by mailed ballot, there shall be no polling places for the Election, and 12:00 p.m. on the Election Date is set as the deadline for ballots to be received by the Election Official. C. The Election Official. is authorized and directed to publish the notice of the Election, as soon as possible following the adoption of this Resolution, in the Star News. D. All ballots shall be mailed by the Election Official to the Landowners no sooner than December 16, 2019 and all voted ballots are required to be received by the Election Official not later than 12:00 p.m. on the Election Date in order to be counted. E. The Election shall be held and conducted, and the votes canvassed and the returns made, and the results determined, as provided herein, and in all particulars not prescribed in this Resolution, the Election shall be held and conducted and the votes received and canvassed in the manner provided by law for holding special elections consistent with Chapter 3.6 1. F. The Election Official shall commence the canvass of the returns of the Election as soon as possible following the deadline for ballots to be received and shall. report the returns to the City Council at its next regularly scheduled meeting following the conclusion of the canvass. G. Upon receipt of the report of the returns, the City Council may, by resolution,, declare the results of the Election. PRESENTED BY APPROVED AS TO FORM BY Kelly G. Broughton, FASLA Glen R. Googins Director of Developmental Services City Attorney 60297.0005 7\323 84703.5 6 2019-10-15 Agenda Packet, Page 91 of 124 Attachment 1 .,, ... _ SHEET 1 OF 6 MAP OF PROPOSED BOUNDARIES OF THE BAYFRONT PROJECT SPECIAL TALC FINANCING D19STRICT �. CITY OF CHULA VISTA COUNTY OF SAN DIEGO STATE OF CALIFORNIA �U FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL !�RC CNULA VISTA THIS` DAY OF 2019. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING �u DISTRICT OF THE CITY OF CHULA VISTA,COUNTY OF Cr u, SAN DIEGO,STATE OF CALIFORNIA,WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CHU VISTA AT A REGULAR MEETING THEREOF,HELD ON THE k DAY OFST�CIK(��(.�{ �U 06 2019.BY IYS RESOLUTION NO. to d . p C CC% K CITY O HULA VISTA 'u u p� FILED THIS 1�� -DAV OF&EFTePAW, .20`10,AT THE HOUR OF 190a O'CLOCK _ K .M.IN THE BOO `u OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS, 0 PAGE(S)__Ypo AND AS INSTRUMENT NO.•20t'I-'IC0oS41._r, a IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF a SAN DIEGO,STATI:OF CALIFORNIA. h a BY DEPUlCr-t,Ic-jF COUNTY RECORDER rp w iq 6 COUNTY OF SAN DIEGO ' STATE OF CALIFORNIA n u T THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL DIMENSIONS u SHOWN ON THIS I11AP SHALL BE THOSE LINES AND DIMENSIONS AS V SHOWN ON THE SAN DIEGO COUNTY ASSESSOR'S MAPS FOR THOSE PARCELS LISTED. 11. THE SAN DIEGO COUNTY ASSESSOR'S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR °gipp PARCELS. N Cf tl � Ilt X14 6n„ U u pq V i Eµ. o Legend SII u= M � m COMMUNITY�acrurres DISTRICTBOUNDARIES 1I LLDN Financial Services I&Y% 41b PQ Z55 Q2019-10003co 1 2019-10-15 Agenda Packet Page 92 of 124 Attachment 1 SHEET 2 OF 6 MAP OF PROPOSED BOUNDARIES OF CITY OF CHULA VISTA BAYFRONT PROJECT SPECIAL TALC FINANCING DISTRICT g COUNTY OF SAN DIEGO I STATE OF CALIFORNIA i4 11 D St 1 Interstate 5 !II E 5t u w E i w i n i ,y .wig. II i Legend COMMUNITY FACILITIES DISTRICT BOUNDARY y�rI LLDAN Financial Services Vw 4b 39 o7olq-10W3Col 2019-10-15 Agenda Packet Page 93 of 124 Attachment 1 SHEET 301 fi MAP OF PROPOSED BOUNDARIES OF CITY OF CHULA VISTA BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT COUNTY OF SAN DIEGO 1° STATE OF CALIFORNIA n k Interstate 5 rmw Cr 4 t, CD F St 0 a w E S Legena PAROLS SOUTH selection CQMMUi511?'Y FACILTISS DISTRICT BOUNDARY WILLDAN Financial Services RW- 4(b PQ 40 aoll -I 000acrj� 2019-10-15 Agenda Packet Page 94 of 124 Attachment 1 _ ,. m �,�� .� _ ... ,�u, �,��,.�� «„ ............. ............ ...��»y SHEET 4 OF 6 MAP OF PROPOSED BOUNDARIES OF CITY OF CHUL.A VISTA BAYFRONT PROJECT SPECIAL.TAX FINANCING DISTRICT ti COUNTY OF SAN DIEGO STATE OF CALIFORNIA �wr 1 r interstate 5 t { 77 11 r i I i r r St � F y, 16 t 4 F 1B 17 J N W E i Legend COMMUNITY FACILITIES DISTRICT BOUNDARIES f I L LD N Financial Services ,��. ��.� _ �.. __ ...ri%14 4b FQ 41 oolq-10003GI 2019-10-15 Agenda Packet Page 95 of 124 Attachment 1 SHEET 5 OF 5 ' MAP OF PROPOSED BOUNDARIES OF CITY OF CHULA VISTA BAYFRONT PROJECT SPECIAL TALC FINANCING DISTRICT COUNTY OF SAN DIEGO STATE OF CALIFORNIA r 'Cr wowr Interstate 5 Gs L l 4 OS 7 w Y �1 y'. W E S Legend COMMUNITY FACILITIES DISTRICT BOUNDARIES I LLDAN Financial Services 4 Q) ?Ci 4Q I 0C I 2019-10-15 Agenda Packet Page 96 of 124 Attachment 1 MAP OF PROPOSED BOUNDARIES OF CITY OF CHULA VISTA SHEET$OF 6 SAYFRONT PROJECT SPECIAL TALC FINANCING DISTRICT swoon COUNTY OF SAN DIEGO STATE OF CALIFORNIA Map Reference Assessors Number "Parcel Number Sheet it 1565-01 30-00 2 umm uuw muuu uuuw muuu nn muw ......n ......... 2 55-314-33-00 2 ...........................................................................u............................................................ 3 555-310-32-00 II 2--------------------T- 557-011-05-00 3 ......5 .. ..... M 567-021-29-0.._...� .... ....... p .. 0 3 ... ........... 7- 7 567-021-37-00.. 3 _I �.�.. .. .... ...... s „ 567-021-36-00 3 ....................................................................... 9 567-........................031-26-00 3 10 557-031-27-00 3 11 ----T760-04824,_0^0,� ,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, .......................................................... .. ..... ...... 12 ,....750-048-00 03 ............ I�..,,,,, , ,,,,,,,,,,,,,,,,,,,,����,,,,,,,,�,,,,,,� 760-44�-45-00 � .......................................................... .......m_.................. .............................._.._. ._...................................................-..... 14 .............. 571-330-31-00 _..,, ................................................................................._............,... ,,..................................................................... 15 760-235-35-00� 4 .___..,........ _.._ _. ............................w.._......�,....................... ....... ................... 16 571-330-33-00 .... ..... „..,_ ................................... ........................................ 17 571-330-32-00 41 Cho 1........................8 571-240..........................-01-0................................0 S Wi LLDAN Financial Services 6K 4(b 4 3l�l �1 2019-10-15 Agenda Packet Page 97 of 124 A'T'TACHMENT'2 DESCRIPTION OF THE AUTHORIZED IMPROVEMENTS 1. Convention Center Facility(as defined in Chula Vista Municipal Code Chapter 3.61); 2. Street improvements, including grading, paving, curbs, gutters, sidewalks, street signalization, signage, street lights, furnishings, and parkway and median landscaping related thereto; 3. Gateway signage; 4. Pedestrian and bicycle paths; 5. Storm drains and other water quality devices to ensure regional permit compliance; 6. Public utilities (including but not limited to water, reclaimed water, sewer, electric, gas, and telephone); 7. Public parks,open space and recreation facilities; 8. Fire protection and emergency response facilities; 9. Parking improvements; 10. Museums and cultural facilities; 11. Ecological and sustainability educational improvements; 12. Energy efficiency,water conservation,and renewable energy improvements; 13. Land, rights-of-way and easements necessary for any facilities to be financed by the District; and 14. Equipment, apparatus, facilities or fixtures with an expected useful life of 5 years or longer necessary for any of the foregoing or necessary to provide any of the services described in Attachment 3. INITIAL AUTHORIZED IMPROVEMENT COST ESTIMATES Improvement Description Cost Estimate' Convention Center Facilities $ 240;000;000 Street Improvements,Pedestrian and Bicycle Paths,and Storm Drains bF 1 E Street (G Street to H Street) $ 71248,039 2 G Street Connection $ 822,313 3 H Street(Bay Blvd to Street A) $ 416;759 4 H Street( 'farina Pkwy to E Street) $ 5,587)53 1 5 E Street (Bay Blvd to F Street) $ 41086,510 6 E Street (Lagoon Drive to G Street) $ 58;414 7 F Street(Bay Blvd to E Street) $ 11308,727 8 F Street(E Street to Gunpowder Pt Dr) $ 913,038 9 Gunpowder Point Drive Relocation $ 1,216,153 Subtotal $ 21,657JB3 2019 dollars. 2019-10-15 Agenda Packet, Page 98 of 124 ATTACHME .k 2 Parks,Open Space and Recreate©n Faciffities 0 Harbor Park(Initial) 1 9PS 4P 2 11 SP-1 Sweetwater Buffer (for S-1) $ 21907;645 2 SP-1 Sweetwater Buffer (far S-2) 1,3021092 13 SP-2 Seasonal Wetlands 11012,920 14 SP-4 SDG&E 62,253 15 S-2 Sweetwater Signature Park 71602;067 Subtotal 32, 91pO0 Public utilities 16 G Street Suer Pump Station 2,7851833 17 -3 Utility Corridor 11911;266 Subtotal 4169 7,O9 Grad Total 298,745,538 2019-10-15 Agenda Packet, gage 99 of 124 ATTACHMENT3 DESCRIPTION OF THE AUTHORIZED SERVICES Authorized Services shall include the operation, maintenance, servicing, and replacement of' the authorized Improvements (see Attachment 2),together with the following additional Services: L Landscaping, including, but not limited to trees, shrubs, grass, other ornamental vegetation located in or on slopes,parkways and medians; 2. Facilities that are directly related to storm water conveyance,including,but not limited to pipes and drainage inlets, detention basins,linear bioretention,and parks; 3. Walls and fencing; 4. Parks,including landscaping,facilities,walls,fencing,lighting,and trails; S. Streetscape improvements, including lighting,furnishings and appurtenances; 6. Parking improvements; 7. 'Transportation services; 8. Promotion of public events and tourism; 9. Security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the City or other service provider; and 10. Repair of the authorized Improvements. 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, management and servicing of any of'the authorized Improvements,including: L Repair,removal, or replacement of the authorized Improvements; 2. Providing for the life, growth, health, and beauty of habitat, including the cultivation, irrigation,trimming,spraying,fertilizing, or treating for disease or injury; njury; 3. The removal of trimmings, rubbish, debris,silt,and other solid waste; 4. The cleaning, sandblasting, and painting of walls and other facilities to remove or cover graffiti; S. 'The elimination,control,and removal of rodents and vermin; 6. The operation and management of open space and natural habitat, including biological monitoring and evaluation of collected data; 7. The conduct of biological activities necessary to sustain the species being protected- 8. 'The operation and maintenance of pedestrian bridges, and community gardens within or appurtenant to such open space or habitat area(s); and 9. The maintenance and cleaning of drainage and other storm water control facilities required to provide storm water quality control. "Service"or"servicing"'means the furnishing of: 10. Electric current or energy,gas, or other illuminating agent for any public lighting facilities or for the lighting or other operation of any other Improvements; and 2019-10-15 Agenda Packet, Page 100 of 124 ATTACHMENT3 11. Water for the irrigation of any landscaping or the operation or maintenance of any other Improvements. INITIAL AUTHORIZED SERVICE COST ESTIMATES Service Descri'pti'on Cost Estiomatel Streetscape&Landscaping Mair tenance2 1 E Street $ 89)000 2 F Street $ 24,000 3 G Street $ 4,000 4 H Street $ 84,000 5 Associated Utilities $ 40)000 6 Annual Capital Repair $ 220)000 Subtotal $ 461�O00 Parks,Open Space and Recreation Facilities2 7 Sweetwater Signature Park $ 401)600 8 Sweetwater Buffer $ 227)200 9 Sweetwater Open Space $ 88)800 10 Harbor Park $ 900)000 11 Associated Utilities $ 113)806 12 Annual Capital Repair $ 70,000 Subtotal $ 1�8011406 Transportation Services 13 Circulator Shuttle $ 400)000 Subtotal $ 40%000 Grand Total Services Budget $ 2,6621406 2014 dollars. 2 Includes storm water conveyance facility operations and maintenance. 2019-10-15 Agenda Packet, Page 101 of 124 ■ ■ Chula "Vista Bayfront Project Special Tax Financing District Report October 2019 W , TABI E OF CONTENTS I. 1 NTRODUCTION........................................................................................1 II. GENERAL DESCRIPTION & BOUNDARIES OF OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT...................................................................................................3 111. DESCRIPTION OF FACILITIES ................................................................................4 IV. DESCRIPTION OF SERVICES..........................................................................5 V. COST ESTIMATES......................................................................................6 I. RATE A N D M ET H 0D OF A P P 0 RT 10 N M E,N T OF SPECIAL 7 EXHIBIT A (BOUNDARY MAP) ........................................................................... A-1 EXHIBIT B (PRELIMINARY BUDGET) .................................................................. B-1 EXH I BIT C (RATE AND METHOD OF APPORTIONMENT).......................................... C-1 2019-10-15 Agenda Packet Page 103 of 124 a ill n't ro d u ct�i o n WHEREAS,the Bayfront Project Special Tax Financing District Procedural Ordinance, Chapter 3.61 of the Chula Vista Municipal Code ( "Chapter 3.61") was enacted for the purpose of establishing a procedure for financing certain public and private improvements and maintenance and services to serve the Chula Vista Bayfront Project through the establishment of the Bayfront Project Special Tax Financing District (the "District"), the levy and collection of special taxes within the District and the issuance of bonds of the District secured by such special taxes for the purpose of financing a Convention Center Facility (as defined in Chapter 3.61) and certain other public and/or private improvements. WHEREAS, the City Council of the City of Chula Vista (hereinafter referred to as the "City Council"), did, pursuant to the terms and provisions of Chapter 3.61 duly adopt its Resolution No., 2019-168 on September 101, 2019 (the "Resolution of Intention") wherein the City Council declared its intention and initiated proceedings to consider the establishment of the District, to set forth the proposed boundaries for the District, to indicate the Improvements as identified herein below) and the Services (as identified herein below) proposed to be financed by the District, to indicate the proposed rate and apportionment of a special tax sufficient to finance the purchase, construction, expansion, improvement, rehabilitation, replacement and upgrade, including ongoing capital repairs of the Improvements and the Services, and the administration of the District and any indebtedness incurred by the District. WHEREAS, pursuant to the Resolution of Intention,, the City Council also expressly directed that the officers of the City who will be responsible for providing one or more of the proposed types of the Improvements and Services to be provided within and financed by the District (the "City Officers" , to study the Diistrict, and, at or before the time of the public hearing on the Resolution of Intention,file a report with the City Council containing a brief description of the Improvements and Services by type which will in their opinion be required to adequately meet the needs of the District and their estimate of the cost of providing those Improvement and Services. The Resolution of Intention further provided that for those Improvements proposed to be acquired upon the completion thereof and those Incidental Expenses (as defined in the Resolution of Intention) proposed to be paid for,the Report shall contain an estimate of the fair and reasonable cost of such Improvements and such Incidental Expenses. WHEREAS, the City appointed and directed Willdan Financial Services to prepare the Report for and on behalf of the City Officers., WHEREAS.,this Bayfront Project Special Tax Financing District Report("Report") is being provided to the City Council as directed by the Resolution of Intention and generally contains the following: 1. A brief description of the District; 2. A brief description of the Improvements and Services required at the time of formation to meet the needs of the District; 3. A brief description of the Boundaries of the District; and 201 '1'*5 �p Aa PagDU of 124 F V,Jkr,,*tl An estimate of the cost of financing the Improvements and Services., including all costs associated with formation of the District,. issuance of bonds, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the District, and any other incidental expenses to be paid through the proposed financing. For particulars, reference is made to the Resolution of Intention.All capitalized terms not defined herein are defined in the Rate and Method of Apportionment of Special Tax section (Exhibit C) of this Report. NOW THEREFORE Willdan Financial Services does hereby submit the following for and on behalf of the City Officers: 201*0115 �a. pAa PagPX9 64 124 FV,jr,,*tl 110 G I e r I',,lVIII escr'lipt"INN on & BI rII r INN luw»'s of the Bayfror"It NpD Project Special Tax FirianII.ing ��. trict A description of the exterior boundaries of the territory proposed for inclusion in the Bayfront Project Special Tax Financing District, including properties and parcels of land proposed to be subject to the levy of a Special Tax by the District,, is shown on the boundary map designated as "MAP OF PROPOSED BOUNDARIES OF THE BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT/I 1, which is on file in the office of the Clerk of the City Council of the City of Chula Vista and was recorded with the County Recorder of the County of San Diego on September 12., 2019 in Book 48 of Maps of Assessment and Community Facilities Districts at Page 38-43 and as Instrument Number 2019-700 3,61,. A copy of the map is attached hereto as Exhibit A and hereby incorporated by reference. 201*0115Nn�ciAa PagpeV A 124 Pr,1*t HL Descr`iptian of IrTlprovements The types of Improvements eligible to be financed by the District are as follows: 1. Convention Center Facility as defined in Chapter 3.61); 2. Street Improvements, including grading, paving, curbs, gutters, sidewalks, street signalization, signage, street lights/ furnishings, and parkway and median landscaping related thereto-, 3. Gateway signage; 4. Pedestrian and bicycle paths; 5. Storm drains and other water quality devices to ensure regional permit compliance; 6. Puli'c utilities (including but not limited to water, reclaimed water, sewer, electric, gas, and telephone); 7. Puli'c parks, open space and recreation facilities; 8. Fire protection and emergency response facilities; 9. Parking improvements; 10. Museums and cultural facilities; 11. Ecological and sustainability educational improvements; 12. Energy efficiency, water conservation and renewable energy improvements; 13. Land, Frights-of-way and easements necessary for any of such facilities; and 14. Equipment, apparatus,facilities or fixtures with an expected useful life of 5 years or longer necessary for any of the foregoing or necessary to provide any of the Services described in Section IV below., This description of the Improvements is general in nature. The final nature and location of the Improvements will be determined upon the preparation of final plans and specifications for such Improvements. The final plans and specifications may show substitutes in lieu of., or modifications to, proposed work. Any such substitution shall not be a change or modification in the proceedings as long as the Improvements provide de a service substantially similar to that as set forth in the Report. 201*0115 k�p Aa PagpeN95X12.4 F I V,j r,,*tl IV. D m uuu mu i p i........ USI of Services Authorized Services shall include the operation, maintenance, servicing, and replacement of the authorized Improvements (see III above), together with the following additional Services: Landscaping, including, but not limited to trees, shrubs, grass, other ornamental vegetation located in or on slopes,, parkways and medians; 2. Facilities that are directly related to storm water conveyance, including, but not limited to pipes and drainage inlets, detention basins, linear bioretention, and parks; 3. Walls and fencing; 4. Parks, including landscaping, facilities, walls, fencing, lighting, and trails; S. Streetscape improvements, including lighting, furnishings and appurtenances; 6. Parking improvements; 7. Transportation services; 8. Promotion of public events and tourism; 9. Security,, sanitation,, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the City or other service provider; and 10. Repair of the authorized Improvements. 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 authorized Improvements,, including: 1. Repair., removal, or replacement of the authorized Improvements; and 2. Providing for the life, growth, health, and beauty of habitat, including the cultivation, irrigation., trimming, spraying, fertilizing., or treating for disease or injury; 3. The removal of trimmings., rubbish, debris, silt, and other solid waste; 4. The cleaning, sandblasting, and painting of walls and other facilities to remove or cover graffiti; S. The elimination, control, and removal of rodents and vermin; 6. The operation and management of open space and natural habitat, including biological monitoring and evaluation of collected data; 7. The conduct of biological activities necessary to sustain the species being protected; 8. The operation and maintenance of pedestrian bridges and community gardens within or appurtenant to such open space or habitat area(s),; and 9. The maintenance and cleaning of drainage and other storm water control facilities required to provide storm water quality control. "Service"' or "servicing" means the furnishing of: 10. Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or other operation of any other Improvements; and 1. Water for the irrigation of any landscaping or the operation or maintenance of any other Improvements. 201*0115 �p Aa PagpeNq A 124 F V,Jkr,,*tl V, Cost Estimates The proposed maximum authorized bonded indebtedness for the District is $125,000,000. Such bonded indebtedness may be in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private borrowing or individuals,or long-term contracts as permitted by Chapter 3.61.The actual amount of such indebtedness will depend upon a number of factors including interest rate on such indebtedness and compliance with any value-to-lien ratio criteria applicable to such indebtedness. Based on the special tax revenue expected to be generated from properties within the District, it is currently estimated to support a total bonded indebtedness of approximately $105 million (assuming a 5.4% interest rate and a 37-year bond term). An indebtedness of$105 million would yield approximately$102.,2 million in net proceeds of such indebtedness for eligible Improvements. The balance would provide for initial administration expenses, district formation and bond issuance costs. The proceeds of the District may be used to fund any or all of the Improvements as described in Exhibit B of this report. The estimated cost of such Improvements is approximately $298 million, however, as noted above it is not currently anticipated that the District will generate sufficient funds to finance all of costs of the Improvements. Any Improvement costs snot covered by the District bond proceeds and special taxes will remain the responsibility of the developer pursuant to the project conditions of approval, the project development agreement, or other applicable governing documents., Those Improvements that may be acquired upon completion thereof have not been definitively identified but may include all or any portion of any of the Improvements described in Exhibit B. The estimated costs of such Improvements based on 2019 dollars as set forth in Exhibit B constitute a fair and reasonable cost of such Improvements. An estimate of the fair and reasonable costs of Incidental Expenses in 2019 dollars is $2.8 million. The actual cost of such Incidental Expenses shall depend upon the form or forms of such indebtedness, the terms and conditions thereof, the market conditions at the time such indebtedness is incurred and other factors that cannot reasonably be predicted at the time of this Report. 201*0115 �p Aa PagPeN9#X12.4 F V,Jkr,,*tl V! Rate and Method of Apportionment of Special 'Tax The Rate and Method of Apportionment of Special Tax (RMA) provides sufficient information to allow a property owner within the District to estimate the Maximum Special Tax for his or her property. For particulars on the rate and method of apportionment, reference is made to Exhibit C of thi's report. 201*AK15 FIj k�p Aa PagpeNR�f 124 Vr,,*tl EXH I BIT Boundary MaIp 201 15�k�pAa� Page 1 T `iOf 24 Fin� r�+ic ---------- ... .............I I I............. _`­... ..... .......I I........................-"'-........... 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Maip Reference Assesisor" Sheet Nurnber, Parcel iNumber" 2 2 565-310-1,'33-00 2 32111-00' 2 4 56711-011-05-00 3 5 567-021­29�00'1 6 3 fp 56'7'-021-317-00 3 3 -00 , .............U9 Vii ........ 567-1031-216-00 3 '10 567-0, ly-271-OD 3, 4, 12 760-048-00-:03, 4, .................. ............................................................ 13 760-048-051-00, 4 14 571-3,30­31'_00� 4, 35,00 4 16 5`71-3,30-33-00, 4 171-330-32 4 .....------------------- ............... ...................................... w"Wes, ....................................—-—--------------------- I LLDAN AJ Financial Services 2019-10-15 Agenda Packet, Page 117 of 124 EXHIBIT Preliminary DCast Estimate ................ �jtI, �, J J J J J r Nr� li li t 0 ` f r Iq r„`1 il, Y� IV Cbmen'ttion2 � � ry 0Il00 N St,,r,eet Improvement D i a ill, Paths," u � Storm r au y ' �m STM° I� II I^ �I �'µ�' w4 ry,ifi i:.IHI�1 Ifl Y��mm I mm�V °rq ry, � U6�u U, J I C fi�nn uIR"� D � N rr� �4,a mm G - ,lwwwq Vw Iw I„.III eI C neJt���0 Du1 I 22 lo v,: � 6 v w w "� A� 3w irk' IM reet is t Ir Ivd P S p ' r illll''r, �NPw NI r o III'/It r, t tt (I��,�u6i (Mar"Ina w it Street ') 941°�� ILri r, 5,587,'5,31 4 IS 'I,. e Y rule (Bay 8,11W to '' Sueet) I 4,0,,816,540 l' ql rvl m' tl' V e (Lago,o 7V I(I ilve't,"o ,G ' V 5 �h f 7 ww', �I; (Bay,, r Y I ,�i ri r ��, I ,u rrw ,r `Iw I.. Dr) 8wmlm ',reel " " ew'rvfr 'to Gunpowder V i, W mm 1m:3,038, ,JV , 'Gunpowder r , wD 1,2'111116 1 2 57 4183 su,ilbtotal 1 6 d i ,. IIP, Open , n S h,D,e and RIISci IIS' � 1`,o a Ii.... ,Jt, 1 fes, I Harbor (16i-tl[al) 5 9 ',P ,, u ,Mme 1 ',55�,w ,'u� V! water W Im Buffer II,. ,, h. 9 du l i, I`IV 12 SPA 'III .._. 'il.,/VVI ,',,'..m' ,w l V , i, Buffer _ ir S,_., 1,302,092 13, S,'^!�� mrvmv wA °,5, ,a s,o r1 a` ,art`�i I '�'dp4,:, II 1,012,rm;,� 4, "r 14 SP-4, SiD( &E eGIV..',,. 62,253,ui 4 ''uiuu3 1,h 5 j S-2, ���', ury, m ',a Jr"rI Slgiiallture.IW Park,, P `02,06`7 ` r ,,fi uw n Subtotal P 10 IV,,„ 6, II IIc ,J ��, `i; I. J (I ,I Wr t: n u Pump',"Stat,�t'an r ,lie "I u u w,wr , t W H C MY 1 bf 111,911,',266 sutbtotal 4,697,09 IJ rat nl d:Toaa I 21"011,9 do]�I[,arsi, 20115�k�pa� Page 1 l if 2,4 Fn� r�+ic EXH I�BIT C Rate and Method of Apportionment 20 tEYA Page 1104124 Finar�ci l Services A1?P011T10NM ENT OF SPECIAL TAX �c............. BAYFRON............I............ I f�l(III)J IIIIIIIIIIIICT S P E 01 A IIII.I ............I"'A X F 1� I............ The Special Tax authorized by the Bayfront Project Special Tax Financing District (the "District,") shall be levied on all Taxable Property and collected within the District as provided herein commencing in Fiscal Yea�r 2020-20211 in an amount determined by the City Council of the City of Chula Vista, acting as the legislative body of the District., through the application of the rate and method of apportionment of the Special Tax set forth below. All of the read property within the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes,to the extent, and in the manner herein provided. A. DEFIN11 IONS The terms hereinafter set forth have the following meanings: "Act" means the Me�llo-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Assessor"s Parcel" means a lot or parcel designated on an Assessor's Parcel Map with a�n assigned Assessor's Parcel number within the boundaries of the District. "Assessor"s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "Bond Doc=ents" means any indenture of trust, bond indenture, fiscal agent agreement., trust agreement,, resolution or, other instrument setting forth the terms of any Bonds, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Bonds" means any binding obligation to repay a sum of money, including obligations in the form of bonds,, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof,to which the Special Tax has been pledged. "Boundary Map" means the "Map of Proposed Boundaries of the Bayfront Project Special Tax Financing District, City of Chula Vista, County of San Diego, State of California,"filed September 12, 20191 in Book 48 of Maps of Assessments and Community Facilities Districts at pages 38-43 as instrument number 2019-7000361 in the office of the County Recorder. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "Campsite"shall have the meaning given such term in Chapter 3.6,1. "Campsite Property" means an Assessor's Parcel of Taxable Property which consists of any Campsite or Campsites. "Chapter 3.61" means Chapter 3 of the Chula Vista Municipal Code, as such chapter may be amended from time to time. "City" means the City of Chula Vista., "City Council" means the City Council of the City, acting as the legislative body of the District, or its designee. 201 qqtl EYA Page 11@4 124 Services "City Manager" means the City Manager of the City. "County" means the County of San Diego., "Director of Finance" means the Director of Finance of the City. "District" means the Bayfront Project Special Tax Financing District established by the City pursuant to Chapter 3.61. "Exempt Property" means all Assessor's Parcels within the District which are exempt from the Special Tax pursuant to law or Section F herein. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. "Hotel"shall have the meaning given such term in Chapter 3.61. "Hotel Property" means an Assessor's Parcel of Taxable Property which consists of any Hotel or Hotels. "Landowner"shall have the meaning given such term in Chapter 3.61. "Maximum Annual Special Tax Rate" shall, for any Fiscal Year., not exceed five percent (5%), of all Rent charged during such Fiscal Year for the privilege of Occupancy by Transients of the Campsite(s) or Hotel(s), as applicable, located on each Assessors Parcel of Campsite Property or Hotel Property. "Occupancy"shall have the meaning given such term in Chapter 3.61. "Operator"shall have the meaning given such term in Chapter 3.6,1. "Public Property" means any property within the boundaries of the District that is owned by or irrevocably dedicated to the City,the federal government., the State of California.,the County., or any other public agency. "Rent"shall have the meaning given such term in Chapter 3.61. "Resolution of Formation" means the resolution adopted by the City Council pursuant to Chapter 3.61 establishing the District. "Special Tax" means the special tax authorized by the District to be levied by the City Council pursuant to Chapter 3.61. "Taxable Property" means all Assessor's Parcels that are not exempt from the Special Tax pursuant to law or this Rate and Method of Apportionment of Special Tax. "Transient"shall have the meaning given such term in Chapter 3.6,1. B. CLASS!F!CATION OF ASSESSOR'S PiARCELS Each Fiscal Year, beginning with Fiscal Year 2020-2021,each Assessor's Parcel shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Campsite Property or Hotel Property. Commencing with Fiscal Year 2,020-2021, all Campsite Property and Hotel Property shall be subject to the levy of the Special Tax pursuant to Section C below. C. SPECIAL 111111111AX For each Fiscal Year commencing Fiscal Year 2020-2021, the City Council shall, by resolution adopted on or before May 31st preceding such Fiscal Year, levy the Special Tax on each Assessor's Parcel classified as Campsite Property or Hotel Property at a rate not to exceed the Maximum Annual Special Tax Rate. For each succeeding Fiscal Year., the Special Tax shall be levied at the same rate as the rate levied in the preceding Fiscal Year unless the City Council shall, by resolution adopted by May 31st of the preceding 201 W- ,,, qqtl EYA Page I IG-124 Services Fiscal Year, levy the Special Tax at a different rate than the rate levied in the preceding Fiscal Year not to exceed the Maximum Annual Special Tax Rate. The Special Tax associated with Rent that is charged for Occupancy by Transients shall be considered levied at the same time the Transient ceases such Occupancy. 1). I WSW N WEU R Oli NIS OLLEC'I"11014 The Special Tax shall be due and remitted pursuant to the provisions of Section 3. 1.120 of Chapter 3.61. E ESl?ECIAI... TAXESPRE1RAYME T 0 1 �IIIIIIIIII The Special Tax may not be prepaid. F. IEXEMP1 IONS Assessor's Parcels not classified as Campsite Property or Hotel Property shall be exempt from the levy of the Special Tax. GO FI L I I@IIID TO SUBMIT SPECIAL TAX If any Landowner,or Operator on behalf of such Landowner, fails or refuses to pay the Special Tax levied, the Director of Finance shall proceed in such manner as deemed best to obtain facts and information on which to base his/her estimate of the Special Tax. As soon as the Director of Finance has acquired such facts and information upon which to base the Special Tax for such Campsite Property or Hotel Property, as applicable,the Director of Finance shall proceed to determine the amount of such Special Tax due plus any penalties thereon, as described below ("Determination of Special Tax Due"). In the case that such determination is made,the Director of Finance shall give a Determination of Special Tax Due by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the Landowner, or Operator on behalf of such Landowner, at its last known address.Such Landowner, or Operator on behalf' of such Landowner, may file an appeal as provided in Section J herein. The Special Tax on any Campsite Property or Hotel Property which is not paid within the time required shall be subject to the same penalties applicable to the transient occupancy tax in subsections A and B,of Section 3.40.080 of the Chula Vista Municipal Code. For any Special Taxes and penalties that remain outstanding as of July 1 of each Fiscal Year, the City Council may direct the Director of Finance to cause the submission of any of the delinquent Special Taxes and penalties to the County for inclusion on the property tax bill for such Assessor's Parcel(s) in accordance with Section 3.61.130 of Chapter 3.61. H. R/1 A 114 111111114ENANNNW E OF Ill ECORDS@ SPECIAL 'I"AX I NN1IIIIIIIi It shall be the duty of the Landowner,or Operator on behalf of such Landowner,for each Assessor's Parcel classified as Campsite Property or Hotel Property that is subject to the Special Tax to keep and preserve., for a period of three years, all records as may be deemed necessary by the Director of Finance (and that will, at a minimum, include a record of all Rents collected) to determine the Special Taxes levied upon such Campsite Property or Hotel Property by the City Council.The Director of Finance shall have the right to inspect such records at all reasonable times. 1. APPEAL Any(Landowner,or Operator on behalf of such Landowner,claiming that the amount or application of the Special Tax is not correct, may appeal the Determination of Special Tax Due by filing a notice of appeal with the City Clerk within fifteen (15) calendar days of the serving or mailing of such Determination of Special Tax Due. Upon receipt of any such notice,the City Clerk shall forward a copy of such notice to the 201 W- ,,Il qqtl EYA Page 120-4 124 Services City Manager who shall establish as part of the proceedings and administration of the District a special three-member Appeal Committee. The Appeal Committee may establish such procedures as it deems necessary to undertake the review of any such appeal. The Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any appeals by Landowners, or Operators on behalf of such Landowners, as herein specified. The decision of the Appeal Committee shall be final, conclusive, binding as to all persons and shall be served upon the Landowner or Operator in writing at the last known address of such Landowner or Operator. Any amount found due shall be immediately due and payable upon service of the Appeal Committee findings. If the Appeal Committee decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the Landowner, or Operator on behalf of such Landowner, a clash refund shall not be made, but a credit shall be given against the future Special Taxes on that Assessor's Parcel. J. TERM OF THE l',)ECIAL -rAXES The Special Tax shall be levied in perpetuity as long as necessary to pay for authorized expenditures as specified in Section 3.61.080 of Chapter 3.61. 2 0 1 EyAqqtl Page 113-4-f 124 Services EXHIBIT A See Exhibit A Above 1 �' � FiY` 1n��i��PA