HomeMy WebLinkAboutAgenda Packet 2003/10/14 CITY COUNCIL AGENDA
October 14, 2003 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CI'iY OF
CHULA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68
AGENDA
I aeclare 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 this
document on the bulletin board according to
Brown Act requirements.
Dated~Signed ~-~
6:00 P.M.
October 14, 2003
CALL TO ORDER
ROLL CALL: Councilmembers Davis, McCarm, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATH OF OFFICE: MARK WEATHERFORD - BOARD OF ETHICS
· PRESENTATION BY MAYOR PADILLA OF CERTIFICATES OF APPRECIATION
TO REPRESENTATIVES OF THE FOLLOWING COMPANIES FOR THEIR
CONTINUED SUPPORT OF ARTS AND CULTURE IN THE CITY OF CHULA
VISTA:
Community Health Group Downtown Business Association
EastLake Companies McMillin Companies
National Arts Program and Foundation Otay Ranch
PacifiCare Port of San Diego
Sempra Energy The Star-News
Wells Fargo
· RECOGNITION BY POLICE CHIEF RICK EMERSON OF RECENTLY PROMOTED
OFFICERS - AGENT DON REDMOND AND POLICE OFFICER KRISTY VOSHELL
CONSENT CALENDAR
(Items 1 through 8)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak" form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. APPROVAL OF MINUTES of the Special and Regular Meetings of September 30, 2003.
Staff recommendation: Council approve the minutes.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $5,000 FROM THE BUREAU OF ALCOHOL, TOBACCO AND
FIREARMS TO START THE GANG RESISTANCE EDUCATION AND TRAINING
(GREAT) PROGRAM, AND AMENDING THE FISCAL YEAR 2003/2004 POLICE
DEPARTMENT BUDGET BY APPROPRIATING $5,000 IN SUPPLIES AND
SERVICES BASED ON UNANTICIPATED REVENUES (4/5THS VOTE
REQUIRED)
The department was recently awarded $5,000 from the Bureau of Alcohol, Tobacco and
Firearms to start the Gang Resistance Education and Training Program. (Police Chief)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING THE ACTIONS OF THE DIRECTOR OF ENGINEERING AND
APPROVING CHANGE ORDER NOS. 7 AND 10 FOR THE "G STREET TRUNK
SEWER IMPROVEMENTS FROM BROADWAY TO WEST OF BAY BOULEVARD
(SW-228)" PROJECT, AND AUTHORIZING THE DIRECTOR OF ENGINEERING
TO EXECUTE SAID CHANGE ORDERS ON BEHALF OF THE CITY
A contract was previously awarded to TC Construction Company, Inc., for the
installation of a 27-inch gravity sewer line within G Street, between Broadway and west
of Bay Boulevard (Project no. SW-228). Proposed Change Order No. 7 is for additional
labor, equipment, and materials to locate all existing sewer laterals in order to reconnect
active sewer laterals to the new sewer main. The actual scope of sewer lateral work was
significantly different from the work anticipated due to differing subsurface conditions.
In order to avoid costly delays to the project, and because the total cost for the sewer
lateral work could not be determined until completion of the sewer main work, the
Director of Engineering authorized the contractor to proceed with the work. Change
Order No. 10, a deduction to the base contract amount, is for the quantity adjustments to
several base bid items. Adoption of the resolution approves the change orders and
authorizes the Director of Engineering to execute both contract change orders. (Director
of Engineering)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGENCY-STATE MASTER AGREEMENT NO. 000203 AND
PROGRAM SUPPLEMENT AGREEMENT NO. 0953, BETWEEN THE CITY OF
CHULA VISTA AND THE STATE OF CALIFORNIA, AND AUTHORIZING THE
DIRECTOR OF ENGINEERING AND DEPUTY DIRECTOR OF ENGINEERING TO
SIGN THE AGREEMENT, THE PROGRAM SUPPLEMENT, AND ALL FUTURE
PROGRAM SUPPLEMENTS TO SAID AGREEMENT
The Castle Park Middle School project was submitted for statewide competition for Safe
Routes to School funding in July 2002, and was chosen by CalTrans for funding in
November 2002. Recently, CalTrans submitted the Administering Agency-State Master
Agreement No. 000203 and Program Supplement Agreement No. 0953 for signature by
the City's authorized designee. Said agreement must be processed in order for the
agreement to be fully executed by CalTrans. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AMENDED ACQUISITION/FINANCING AGREEMENT WITH
NNP-TRIMARK SAN MIGUEL RANCH, LLC, PERTAINING TO IMPROVEMENT
AREA A iN COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL
RANCH)
Page 2 - Council Agenda 10/14/03
On July 23, 2002, Council approved the Acquisition/Financing Agreement for
Community Facilities District No. 2001-1 (San Miguel Ranch). This agreement set forth
the conditions and procedures for acquiring the eligible public improvements within San
Miguel Ranch, east of SR-125. The proposed amended agreement will allow the
developer to be reimbursed for roadway improvements prior to the installation of traffic
signals. (Director o f Engineering)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING HOUSEHOLD HAZARDOUS WASTE GRANT HD12-03-0041 FROM
THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD,
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS 1N
CONJUNCTION WITH ADMINISTERING THE GRANT AND APPROPRIATING
$300,000 1N UNANTICIPATED REVENUES TO THE WASTE MANAGEMENT
RECYCLING FUND FOR FISCAL YEAR 2003/2004 TO IMPLEMENT THE GRANT
(4/5THS VOTE REQUIRED)
The City has been the lead agency in developing and implementing a household
hazardous waste program for Chula Vista, Coronado, Imperial Beach, and National City.
By assisting residents with the proper recycling or disposal of household hazardous
waste, the City can prevent improper disposal that could harm the local watershed and
cost far more to collect and remediate. Removing household hazardous waste from
homes can also help to prevent fires and reduce the incidence of child poisonings. The
grant will provide funds for a more comprehensive, countywide public education
campaign, funding for the regional, permanent household hazardous waste drop-off
facility, collection of computer and television monitors, and some equipment for the
Coronado household hazardous waste facility. (Director of Conservation and
Environmental Services)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING ENERGY CONSULTING SERVICES AND APPROPRIATiNG
$75,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND TO
THE ENVIRONMENTAL SERVICES RESOURCE MANAGEMENT SUPPLY AND
SERVICES BUDGET FOR PEER REVIEW OF THE MUNICIPAL ENERGY
UTILITY STUDY AND RELATED ENERGY ISSUES BEFORE THE CALIFORNIA
PUBLIC UTILITIES COMMISSION (4/5THS VOTE REQUIRED)
The energy consulting services requested provides the City with technical assistance
required to conduct a peer review of the Municipal Energy Utility Study, and support the
City's participation in related issues before the California Public Utilities Commission.
(Director of Conservation and Environmental Services)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda 10/14/03
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $182,500 FROM THE AVAILABLE FUND BALANCE OF THE
GENERAL FUND TO THE ENVIRONMENTAL SERVICES RESOURCE
MANAGEMENT SUPPLY AND SERVICES BUDGET FOR THE PURPOSE OF
FUNDING ELECTRICITY & GAS CONSULTANTS (4/5THS VOTE REQUIRED)
The funding provides the City with the technical assistance to support the City's ongoing
SDG&E franchise negotiations, as well as analyze and participate in related issues before
the California Public Utilities Commission. (Director of Conservation and
Environmental Services)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff Comments are limited to
three minutes.
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
9. CONSIDERATION OF IMPLEMENTATION OF A CITY COUNCIL POLICY FOR
THE DEVELOPMENT OF AFFORDABLE, FOR-SALE HOUSING FOR LOW-
INCOME BUYERS, INCLUDiNG: ESTABLISHMENT OF DEVELOPMENT
OPTIONS, PROGRAM REQUIREMENTS, AND A PRIORITIZATION SYSTEM FOR
THE SELECTION OF BUYERS (Continued from the meeting of October 7, 2003)
Recently, the City Council directed staff to provide information on how affordable, for
sale housing is developed and the factors that are considered to ensure the for-sale units
are appropriately restricted as affordable. In response, staff assembled an Affordable
Housing Working Group made up of builders, lenders, real estate professionals, the
City's Housing Advisory Commission, and other industry stakeholders. The purpose of
this group is to evaluate and provide input on a variety of existing and proposed housing
policies, programs, and processes to assist staff and the City Council in effectively
meeting the affordable housing needs of our residents and community. Adoption of the
resolution accomplishes the group's first policy issue by establishing implementation
guidelines for the development of affordable, for-sale housing. (Director of Community
Development)
Page 4 - Council Agenda 10/14/03
Staffrecommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DIRECTING STAFF TO PREPARE A CITY COUNCIL POLICY FOR THE
DEVELOPMENT OF AFFORDABLE FOR-SALE HOUSING FOR LOW-
INCOME BUYERS, INCLUDING ESTABLISHMENT OF DEVELOPMENT
OPTIONS, ESTABLISHMENT OF PROGRAM REQUIREMENTS, AND
ESTABLISHMENT OF A P1LIORITIZATION SYSTEM FOR THE
SELECTION OF BUYERS
ITEMS PULLED FROM TttE CONSENT CALENDAR
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
11. MAYOR'S REPORTS
· Ratification ofreappointment of William Veal to the Civil Service Commission.
12. COUNCIL COMMENTS
· Councilmember Salas: Consideration of the City of Chula Vista joining the
Japan Society of San Diego and Tijuana.
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Clerk's office in
accordance with the Ralph Jl~ Brown Act (Government Code $4957. 7).
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. No. A-02-12-028)
· City of Chula Vista v. C & S Doctor, Inc. (SDSC No. GIC 787174)
· C & S Doctor, Inc. v. City of Chula Vista (SDSC No. GIC 803780)
· Grippi v. City of Chula Vista (SDSC No. GIC 801393)
Page 5 - CouncilAgenda 10/14/03
14. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public fights-of-way throughout the City of Chula
Vista)
City negotiators: David Rowlands, Jr., Sid Morris, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of fi-anchise conveyance
15. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: The Chula Vista Municipal Golf Course on Bonita Road and
adjacent acreage owned by the City
Agency Negotiator: Sid Morris
Negotiating Parties: City of Chula Vista (Sid Morris), American Golf Corporation
(Brian Jackson)
Under Negotiation: Price, terms, and disposition of lease
16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· City of Chula Vista v. Otay Land Company, LLC, a Delaware Limited Liability
Company, et al. (GIC796139-1)
17. CONFERENCE WITH LEGAL COUNSEL REGARDING iNITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
· One case
ADJOURNMENT to the Regular Meeting of October 21, 2003, at 6:00 p.m. in the Council
Chambers.
Page 6 - Council Agenda 10/14/03
COUNCIL AGENDA STATEMENT
Item ~L~
Meeting Date 10/14/2003
ITEM TITLE: Resolution Accepting $$,000 FROM The Bureau of Alcohol,
Tobacco and Firearms to start the Gang Resistance Education and Training
(GREAT) Program; and amend the FY 03-04 Police Department budget by
appropriating $5,000 in supplies and services based upon unanticipated
revenues.
SUBMITTED BY: Chief of Police~
REVIEWED BY: City Manager ~3 (4/5th Vote: Yes X No.~)
The department recently was awarded $5,000 from the Bureau of Alcohol, Tobacco and Firearms to
start the Gang Resistance Education and Training (GREAT) Program.
RECOMMENDATION: Council adopt the resolution accepting $5,000 FROM The Bureau of
Alcohol, Tobacco and Firearms to start the Gang Resistance Education and Training (GREAT)
Program; and directing staffto amend the FY 03-04 Police Department budget.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: The City of Chula Vista Police Department working in cooperation with the
Sweetwater Union High School District, recently applied for a grant (GREAT) from the Bureau of
Alcohol, Tobacco and Firearms. The GREAT grant seeks to teach students important skills to help
them avoid gangs, violence, drug abuse and crime. The purpose of G.R.E.A.T. is to help students
develop beliefs and practice behaviors that will help them avoid destructive habits. During the
G.R.E.A.T. lessons, students will be working closely with the GREAT officer; who serves as a
mentor, teacher and positive role model for the class. The grant money that has been awarded to
CVPD is $5,000 and is only to be allocated to training School Resource Officers and purchasing
student handbooks, supplies, and incentives for both the officers and students. In the future CVPD
will then apply for the full grant amount and use the newly trained officers at the middle schools to
teach the GREAT curriculum.
FISCAL IMPACT: There is no fiscal impact based upon this grant. The department will utilize
current staffing to administer the provisions of the grant.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $5,000 FROM THE BUREAU OF
ALCOHOL, TOBACCO AND FIREARMS TO START THE
GANG RESISTANCE EDUCATION AND TRAINING (GREAT)
PROGRAM; AND AMEND THE FY 03-04 POLICE
DEPARTMENT BUDGET BY APPROPRIATING $5,000 IN
SUPPLIES AND SERVICES BASED UPON UNANTICIPATED
REVENUES.
WHEREAS, the Bureau of Alcohol, Tobacco and Firearms sponsors a
grant program to fund gang resistance education and training; and,
WHEREAS, the City of Chula Vista Police Department in cooperation with
the Sweetwater Union High School District applied for the grant; and,
WHEREAS, the City of Chula Vista Police Department was awarded
$5,000 to start the Gang Resistance Education and Training (GREAT) program;
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept $5,000 from The Bureau of Alcohol, Tobacco
and Firearms to start the Gang Resistance Education and Training (GREAT)
program; and directs staff to amend the FY 03-04 adopted Police Department
budget.
Presented by: Approved as to form by:
n Ann Moore
Police Chief City Attorney
COUNCIL AGENDA STATEMENT
Item 3
Meeting Date 10/14/03
ITEM TITLE: Resolution Ratifying the Actions of the Director of
Engineering and Approving Change Order Nos. 7 and 10 for the "G Street
Trunk Sewer Improvements from Broadway to West of Bay Boulevard
(SW228)" Project and Authorizing the Director of Engineering to Execute
Said Change Orders on Behalf of the City
SUBMITTED BY: Director of Engineering/]J?
REVIEWED BY: City Manager ~'~' t~ (4/Sths Vote: Yes No X )
On February 11, 2003, the City Council approved Resolution No. 2003-049 awarding a contract in
the amount of $629,003.00 (plus contingencies of $62,900.00) to TC Construction Company, Inc.,
for the installation of a 27-inch gravity sewer line within G Street, between Broadway and west of
Bay Boulevard.
Proposed Change Order No. 7, in the amount of $71,906.64 (Attachment A), is for additional
labor, equipment, and materials to locate all existing sewer laterals in order to reconnect active
sewer laterals to the new sewer main. Although the contract included a bid item for the
replacement of sewer laterals, the actual scope of sewer lateral work was significantly different
from the work anticipated in the contract due to differing field (subsurface) conditions. Further, in
order to avoid costly delays to the project, and because the total cost for the sewer lateral work
could not be determined until completion of the sewer main work, the Director of Engineering
authorized the contractor to proceed with the work prior to obtaining City Council approval.
Proposed Change Order No. 10 (Attachment B), a $103,994 deduction to the base contract
amount, is for quantity adjustments to several base bid items. The proposed resolution would
ratify the actions of the Director of Engineering related to Change Order No. 7, approve Change
Order Nos. 7 and 10, and authorize the Director of Engineering to execute both contract change
orders.
RECOMMENDATION: Ratifying the Actions of the Director of Engineering and Approving
Change Order Nos. 7 and 10 for the "G Street Trunk Sewer Improvements from Broadway to
West of Bay Boulevard (SW228)" Project and Authorizing the Director of Engineering to Execute
Said Change Orders on Behalf of the City
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
As a result of changed field conditions, the exact number, size and locations of existing sewer
laterals could not be determined before actual excavation began. Further, it was necessary to
perform extra excavation and backfill to locate all of the existing sewer laterals and to determine
Page 2, Item
Meeting Date 10/14/03
which ones were inactive and which ones were still in use. In order to properly connect those
sewer laterals that were active to the new 28" PVC truck sewer line, staff directed the contractor
to locate and to plug inactive laterals or reconnect active laterals to the new sewer main as
stipulated in Proposed Change Order No. 7.
Proposed Change Order No. 7, in the amount of $71.906.64, was necessary in order to provide
additional excavation and backfill due to the unknown sizes, elevations, and locations of existing
sewer laterals that needed to be reconnected to the new 28" sewer main. However, the extent of
the change order work could not be determined until completion of the sewer main work.
Therefore, in order to avoid delaying the project and incurring additional costs for delays to the
contractor, the Director of Engineering authorized the contractor to proceed with the change order
work.
Proposed Change Order No. 10, a $103,994 deduction to the base contract amount, is for
deductions in the final payment quantities for bid items 3, 7, 9, 11, 12, 14, 15, 16, and 19. The
net increase in the contract for all change orders (1 through 10) is $40,765.34, which 6.5 % of the
base bid amount.
The following is a summary of prior actions with regard to this project and actions recommended
by staff under the proposed resolution:
Action Description Authorization Amount
Original (Base Contract) Contractor's Base Bid as Awarded by City Council Res. 2003-048 $ 629,003.00
Council on February 11, 2003 And 2003-049
Change Order No. 1 Change from 6' diameter manholes to 8' Dir. of Engineering * $ 2,454.00
diameter manholes
Change Order No.2 Additional potholing for utilities Dir. of Engineering * $ 7,246.08
Change Order No.3 Additional manhole and sewer work Dir. of Engineering * $ 13,113.43
Change Order No.4 Standby time for repair of unmarked water Dir. of Engineering * $ 8,147.71
line
Change Order No.5 Standby time for repair of an unmarked 6" Dir. of Engineering * $ 2,568.60
clay sewer service line
Change Order No.6 Additional excavation and backfill due to Dir. of Engineering * $ 9,000.00
unstable material
Change Order No. 7 Location of all existing sewer laterals and Proposed for App~Vai $ 71, 906.~
(Proposed) cOnnecting to the new se~er Main by the City CoUnCil
Change Order No.8 Repair of an existing 8" clay sewer main on Dir. of Engineering * $ 20,338.58
Oaklawn Avenue between "G" Street and
"H" Street
Change Order No.9 Additional excavation and backfill to bypass Dir. of Engineering * $ 9,984.90
a high voltage electric package of SDG&E
at Broadway
Ch~g~Orde~No; 10 Quantity Adjustment for bid item ~d~ PropbSedforApp~Val <$105,~94.00~
(t,rop~S~d) :
Total $669,768.94
· Approval by the Director of Engineering in accordance with City Council Policy No. 574-01
Page 3, Item ~
Meeting Date 10/14/03
FISCAL IMPACT:
Proposed Change Order No. 7 represents an increase of $71,906.64 and Proposed Change Order
No. 10 represents a reduction of $103,994 to the base contract. Proposed Change Order Nos. 7
and 10, along with all other contract change orders, will result in a net increase in the contract
amount of $40,765.34. Sufficient funds are available in the project fund balance of the SW-228
Project Account to cover the proposed increase in the contract amount.
kpa/mpp
Attachments: A - Proposed Change Order No. 7
B - Proposed Change Order No. 8
J:\Engineer\AGENDA\SW228_CCO7&10.113.doc
DEPARTMENT OF ENGINEERING
CHANGE ORDER NO. 7 August 12, 2003
0735-10-SW-228
CONTRACT: G STREET TRUNK SEWER IMPROVEMENTS IN THE CITY OF CHULA
VISTA, CA
CONTRACTOR: T.C. CONSTRUCTION CO., INC.
The following changes shall be made to the above referenced contract between the CITY OF
CHULA VISTA and T.C. CONSTRUCTION CO., INC. (Contractor):
ADJUSTMENT OF COMPENSATION AT AGREED LUMP SUM PRICE:
Compensate the Contractor for the following:
· Additional excavation and backfill due to the unknown size and location of
existing live sewer laterals to be reconnected to the new main and existing
dead laterals to be plugged and abandoned in place.
(On "G" Street West of Broadway)
Total Cost = $ 71,906.64
For wrmen rep4ies,, respond to: ! of 2
- FI 276 FOURTH.AVENUE I CHULA VISTA, CALIFORNIA 91910_2631 / (619) 691.5021
[] 1600 MAXVVELL ROAD / CHULA VISTA, CALIFORNIA 91911-61581 (619) 691-5021
"G" Street Trunk Sewer, SW-228
Change Order #7
The adjustment of contract time for this change order will be 0 DAYS.
ORIGINAL CONTRACT PRICE: $ 629,003.00
PREVIOUS CHANGE ORDERS: $ 42,529.82
THIS CHANGE ORDER: 971,9065.64
REVISED TOTAL CONTRACT PRICE: $ 743,439.46
The agreed upon lump sum pdces include all costs for furnishing all tools, labor, materials,
equipment, incidental costs, profit and fees for performing the work in this contract change and
no additional compensation will be due. It is agreed by the undersigned that this work shall be
performed and materials furnished in-'accordance with the original contract, Green Book
specifications, newly provided plans and specifications, and applicable standard drawings.
ORDEREd I~Y. ~('~'<'
ACCEPTED BY APPROVED BY
KIRK 17.. AMMERMAN WES WISE CLIFFORD IZ.. SWANSON
Deputy Dir. of Engineering T.C. Construction Co., Inc. Director of Engineering
2of 2
CHULAVISTA
DEPARTMENT OF ENGINEERING
CHANGE ORDER NO. 10 September 04, 2003
0735-'10-SW-228
CONTRACT: G STREET TRUNK SEWER IMPROVEMENTS IN THE CITY OF CHULA
VISTA, CA
CONTRACTOR: T.C. CONSTRUCTION CO., INC.
The following changes shall be made to the above referenced contract between the CITY OF
CHULA VISTA and T.C. CONSTRUCTION CO., INC. (Contractor): and are based upon final
payment quantities.
G STREET TRUNK SEWER IMPROVEMENTS BID ITEMS:
Contract Actual Quantity Unit Total
Description Quantities Quantities Chan.qe Price Amount
3) Replacement of
Existing Sewer
Laterals 150 LF 75 LF - 75 LF $ 65.00 [$ 4,875.00]
7) 18" Diameter PVC
Sewer Main 99 LF 60 LF - 39 LF $127.00 [$ 4,953.00]
9) 8" Diameter PVC
Sewer Main 32 LF 0 LF - 32 LF $170.00 [$ 5,440.00]
11) Sewer Manholes 11 EA 10 EA lEA $8,900.00 [$ 8,900.00]
12) Abandonmen[ of
Existing Sewer Pipe 2,200 LF 0 LF - 2,200 LF $10.50 [$ 23,100.00]
14) Lining of Existing
Manholes 6 EA 4 EA - 2 EA $8,000.00 [$16,000.00]
15).Crushed Agg. Base 1,400 TN 601 TN - 799 TN $ 28.00 [$ 22,372.00]
16) Asphalt Concrete.
Paving 850 TN 436 TN - 414 TN $ 77.00 [$31,878.00]
19) New Detector Loops 10 EA 7 EA - 3 EA $ 385.00 [$ 1,155.00]
/_ Adjustment :- $118,673.00 ._
For written replies, respond to: I Of 2
[] 276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631 / (619) 691~5021
1~1800 MAXWELL ROAD / CHULA VISTA, CALIFORNIA 91§11~6158 / (619) 691-5021
"G" Street Trunk Sewer, SW-228
Change Order #10
The agreed upon total pdce includes all costs for furnishing all tools, labor, materials,
equipment, incidental costs, profit and fees for performing the work in this contract change and
no additional compensation will be due. It is agreed by the undersigned that this work shall be
performed and materials furnished in accordance with the original contract, Green Book
specifications, newly provided plans and specifications, and applicable standard drawings.
ORIGINAL CONTRACT PRICE: $ 629,003.00
PREVIOUS CHANGE ORDERS: _$ 144,758.12
TOTAL COST WITH C.C. #1 THRU #9: $ 773,761.12
FINAL QUANTITY ADJUSTMENT CHANGE ORDER: - $ 118,673.00
FINAL CONTRACT PRICE: $ 655,088.12
ORDERED BY~ ACCEPTED BY APPROVED BY
KIRK P. AMMERMAN WES WISE CLIFFORD L. SWANSON
Deputy Dir. of Engineering T.C. Construction Co., Inc. Director of Engineering
2of 2
RESOLUTION NO. 2003 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING THE ACTIONS OF THE DIRECTOR OF ENGINEERING AND
APPROVING CHANGE ORDER NOS. 7 AND 10 FOR THE "G STREET
TRUNK SEWER IMPROVEMENTS FROM BROADWAY TO WEST OF BAY
BOULEVARD (SW228)" PROJECT AND AUTHORIZING THE DIRECTOR OF
ENGINEERING TO EXECUTE SAID CHANGE ORDERS ON BEHALF OF
THE CITY
WHEREAS, on Februarl, l, 2203, the City Council approved Resolution No. 2003-049
awarding a contract in the amount of $629,003.00 (plus contingencies of $62,900.00) to TC
Construction Company, Inc., for the installation of a 27-inch gravity sewer line within G Street,
between Broadway and west of Bay Boulevard; and
WHEREAS, proposed Change Order No. 7, in the amount of $ 71,906.64 (Attachment A), is
for additional labor, equipment, and materials to locate all existing sewer laterals in order to
reconnect active sewer laterals to the new sewer main; and
WHEREAS, proposed Change Order No. 10 (Attachment B), a $103,994 deduction to the
base contract amount, is for quantity adjustments to several base bid items.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve Change Orders Nos. 7 and 10 for the "G Street Trunk Sewer Improvements
from Broadway to West of Bay Boulevard (SW228) Project.
BE IT FURTHER RESOLVED that the Director of Engineering of the City of Chula Vista is
hereby authorized and directed to execute said change orders on behalf of the City of Chula Vista.
Presented by Approved as to form by
Clifford Swanson Ann Moore { /
Director of Engineering City Attorney
J:\Attomey\Reso\Sewcr\G Street CO7&I0
COUNCIL AGENDA STATEMENT
Item ¢
Meeting Date 10/14/03
ITEM TITLE: Resolution approving Agency-State Master Agreement No.
000203 and Program Supplement Agreement No. 0953, between the City of
Chula Vista and the State of Califomia; and authorizing the Director of
Engineering and Deputy Director of Engineering to sign the agreement, the
program supplement and all future program supplements to said agreement.
SUBMITTED BY: DirectorofEngineering,0~j
BY: City Manager,~J~ (4/Sths Vote: Yes No X)
REVIEWED
The Castle Park Elementary Sidewalk Improvements capital improvement project was submitted for
statewide competition for Safe Routes to School (SR2S) funding in July 2002 and was chosen by
Caltrans for funding in November 2002. To execute the agreement, Caltrans has submitted to the
City of Chula Vista the Administering Agency-State Master Agreement No. 000203 and Program
Supplement Agreement No. 0953 to be signed by the City's authorized designee.
RECOMMENDATION: That Council approve the Administering Agency-State Master Agreement
No. 000203 and Program Supplement Agreement No. 0953 between the City of Chula Vista and
State of California; and authorize the Director of Engineering and Deputy Director of Engineering to
sign the agreement, its supplement, and all future program supplements to said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On July 2002, the City of Chula Vista submitted applications to the California Department of
Transportation (Caltrans) for the Safe Routes to School (SR2S) Program. The program allocates
transportation funds for the construction of bicycle and pedestrian safety and traffic calming projects.
The Castle Park Elementary Sidewalklmprovement project (STL-287) was approved for funding in
November 2002. On August 13, 2003, Caltrans submitted an agreement and program supplement to
the City - Administering Agency-State Master Agreement No. 000203, and Program Supplement
Agreement No. 0953. Both are required to be signed by the City's designee. The agreements detail
the $R2S program requirements for reimbursement as well as the funding breakdown.
The approved project will install public safety improvements in the vicinity of Castle Park
Elementary School. Specifically, the project will provide street/sidewalk improvements including
pedestrian ramps, along Naples Street west of Hilltop Drive, and on Tobias Drive south of Oxford
Street - all within a quarter-mile radius of the elementary school.
Safe Routes to School funds will be allocated to each project phase as the work is authorized through
the Office of Local Programs (OLP) Area Engineer at Caltrans. Funds will be disbursed as
Page 2, Item t~
Meeting Date 10/14/03
reimbursable project work is completed.
Ninety percent (90%) or $86,625 of the current total $96,250 project cost will be reimbursed through
the SR2S program. The remaining ten percent ($9,625 minimum) in local match will be provided by
the City. The current CIP budget for STL-287 "Castle Park Elementary Sidewalklmprovements ",
includes $9,000 in already-appropriated Gas Tax funds to cover the City's share, as currently
estimated.
Should the total project cost increase due to higher than estimated construction bids, the increase will
be borne by the City. If required, any additional funds necessary to cover the City's share can be
made available at time of award from CIP project STL-278, "Sidewalk Safety Program - FY
2003/04". This project contains $30,000 in Gas Tax funds that were appropriated precisely for the
purpose of supplementing grants for sidewalk improvement/rehabilitation projects. Allowable
project costs include preliminary engineering, right-of-way, environmental, construction
engineering, and construction.
This resolution approves the agreement between the City of Chula Vista and State of California. In
addition, the agreement authorizes the Director of Engineering and Deputy Director of Engineering
to sign the agreement, its supplement, and all future program supplement agreements.
FISCAL IMPACT: There is no General Fund impact associated with this resolution. Approval of
this agreement will make available $86,625 in Safe Routes to School (SR2S) Program funds for
construction of the Castle Park Elementary School Sidewalk Improvement project. Sufficient Gas
Tax funds are available to cover the City's required local match of $9,625 and any future increases.
Attachments: Area Plat
Master Agreement
File No.: 0740-75-KY026/STL-287
J:\Engineer\AGENDA\SRTS State Agreement Sept 2003.jcm.doc
RESOLUTION NO.2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROViNG AGENCY-STATE MASTER
AGREEMENT NO. 000203 AND PROGRAM SUPPLEMENT
AGREEMENT NO. 0953, BETWEEN THE CITY OF CHULA
VISTA AND THE STATE OF CALIFORNIA; AND
AUTHORIZING THE DIRECTOR OF ENGINEERING AND
DEPUTY DIRECTOR OF ENGINEERING TO SIGN THE
AGREEMENT, THE PROGRAM SUPPLEMENT AND ALL
FUTURE PROGRAM SUPPLEMENTS TO SAID AGREEMENT
WHEREAS, the Castle Park Elementary Sidewalk Improvements capital
improvement project was submitted for statewide competition for Safe Routes to School (SR2S)
funding in July 2002 and was chosen by Caltrans for funding in November 2002; and
WHEREAS, the approved project will install public safety improvements in the
vicinity of Castle Park Elementary School; and
WHEREAS, Caltrans has submitted to the City the administering Agency-State
Master Agreement No. 000203 and Program Supplement Agreement No. 0953 to be signed by the
City's authorized designee.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the Agency-State Master Agreement No. 000203 and Program Supplement
Agreement No. 0953, between the City of Chula Vista and the State of California; and authorizing
the Director of Engineering and Deputy Director of Engineering to sign the agreement, the program
supplement and all future progran~ supplements to said agreement.
Presented by Approved as to form by
MASTER AGREEMENT
ADMINISTERING AGENCY - STATE AGREEMENT
FOR
STATE FUNDED PROJECTS
District 11
Agreement No. 000203
City of Chula Vista
Adminstering Agency
TillS AGREEMENT, made effective this 25th day of July, 2003, is by and between the
City of Chula Vista, hereinafter referred to as 'ADMINISTERING AGENCY,' and the State of
California, acting by and through its Department of Transportation, hereinafter referred to as
'STATE.'
W1TNESSETH
WHEREAS, the Legislature of the State of California has enacted legislation by which
certain State funds are made available for use on local transportation facilities; and
WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation
Commission (CTC) and/or STATE for funding from the STATE Transportation Improvement
Program (STIP), or other programs, as defined in the Local Assistance Program Guidelines for
use on local transportation facilities as local administered PROJECT(s), hereinafter referred to as
"PROJECT"; and
WHEREAS, said PROJECT will not receive any federal funds; and
WHEREAS, STATE is willing to enter into an AGREEMENT with ADMINISTERING
AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY
relative to the use of said State funding and the prosecution of said PROJECT by
ADMINISTERING AGENCY.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any programmed project
unless and until a PROJECT-specific program supplement, adopting all of the temas and
conditions of this AGREEMENT, hereinafter referred to as "PROGRAM SUPPLEMENT," has
been fully executed by the parties.
2. A Financial commitment of state funds will occur only following the execution of this
AGREEMENT together with the subsequent execution of each applicable PROGRAM
SUPPLEMENT.
3. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of
State funds encumbered to the PROJECT described in the PROGRAM SUPPLEMENT, to
comply with the terms of this AGREEMENT and all of the agreed-upon Special Covenants and
Page 1 of 9 1/5/00
conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and
defining the nature of that specific PROJECT.
4. The PROGRAM SUPPLEMENT shall designate the ADMINISTERING AGENCY
responsible for implementing the various phases of the PROJECT, the State funding program,
and the matching funds to be provided by ADMINISTERING AGENCY and/or others.
Adoption and execution of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY
and STATE, incorporating the terms and conditions of this AGREEMENT into the PROGRAM
SUPPLEMENT as though fully set forth therein, shall be sufficient to bind the
ADMINISTERING AGENCY to these terms and conditions when performing the PROJECT.
Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S
governing body and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed
by the ADMINISTERING AGENCY's governing body.
5. PROJECT shall be acquired, designed, and constructed (a) as required in the Local
Assistance Program Guidelines, (b) such other STATE procedures as are identified in the
PROGRAM SUPPLEMENT, and (c) as is specified in this AGREEMENT.
6. Unless otherwise provided in the PROGRAM SUPPLEMENT, the ADMINISTERING
AGENCY shall advertise, award, and administer the PROJECT construction contract or
contracts.
7. The estimated cost and scope of PROJECT will be as described in the PROGRAM
SUPPLEMENT and STATE funding participation is limited to the amounts established by
STATE. A contract awarded by ADMINISTRATING AGENCY for an amount in excess of said
approved estimate may exceed said PROGRAM SUPPLEMENT cost estimate provided (a)
ADMINISTERING AGENCY provides the necessary additional funding or (b) a PROJECT cost
increase in State funding is first requested by ADMINISTERING AGENCY and is approved by
STATE in the form of an amended PROGRAM SUPPLEMENT or a STATE approved
encumbrance document adding (or deleting) PROJECT funds.
8. Subsequent to the inclusion of the PROJECT in a plan or program approved by STATE
and the ADMINISTERING AGENCY entering into this AGREEMENT and the PROGRAM
SUPPLEMENT, the ADMINISTERING AGENCY may request and receive payment for eligible
work as follows:
(a) STATE will reimburse the STATE's share of eligible participating PROJECT costs
monthly in arrears upon ADMINISTERING AGENCY's submittal of signed acceptable monthly
progress pay invoices (in duplicate) for expenditures actually made by ADMINISTERING
AGENCY.
(b) If PROJECT involves work on the STATE highway system, that PROJECT shall also
be the subject of separate standard forms of STATE encroachment permits issued to
ADMINISTERING AGENCY and any contractors and, where appropriate, an executed
cooperative agreement between STATE and ADMINISTERING AGENCY to determine how
PROJECT is to be acquired, designed, or constructed and to establish ownership and future
maintenance obligations.
Page 2 of 9 1/5/00
(c) State funds will not participate in any portion of PROJECT work performed in
advance of either the effective date of the executed PROGRAM SUPPLEMENT for said
PROJECT or the effective date of this AGREEMENT.
9. The total of all ADMINISTERING AGENCY invoices (submitted monthly or quarterly in
arrears) for reimbursement of participating PROJECT costs, including all required
ADMINISTERING AGENCY matching funds, must not exceed the actual total allowable
PROJECT costs, including, but not limited to, all completed preliminary engineering work, right
of way acquisition, design and construction included within the PROJECT description contained
in the PROGRAM SUPPLEMENT.
10. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall
reference (a) this AGREEMENT number, (b) the PROJECT title and number, (c) the progress
billing number for the PROJECT, and (d) shall be formatted and costs reported in accordance
with the current version of Chapter 5, "Accounting/Invoices," of the Local Assistance
Procedures Manual published by STATE.
! 1. STATE programmed amounts may be increased to cover PROJECT cost increases only
(a) if such funds are available, (b) STATE concurs with that proposed increase, and (c) STATE
executes an amending PROGRAM SUPPLEMENT or a STATE approved encumbrance
document encumbering those funds.
12. When additional State funds are not available, the ADMINISTERING AGENCY agrees
that the payment of State funds will be limited to the amounts already approved in the
PROGRAM SUPPLEMENT and all STATE approved encumbrance documents and that any
increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY funds.
13. The legislature of the State of California and the Governor of the State of California, each
within their respective jurisdictions, have prescribed certain employment practices with respect
to contract and other work financed with State funds. ADMINISTERING AGENCY shall ensure
that work performed under this AGREEMENT is done in conformance with the rules and
regulations embodying such requirements where they are applicable.
14. ADMINISTERING AGENCY and its subcontractors shall establish and maintain an
accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support
reimbursement payment vouchers or invoices which segregate and accumulate costs of
PROJECT work elements and produce monthly reports which clearly identify reimbursable costs,
matching costs, and other expenditures by ADMINISTERING AGENCY.
15. ADMINISTERING AGENCY and all subcontractors shall comply with the Uniform
Administrative Requirements for State and Local Governments set forth in the Code of Federal
Regulations (CFR), Title 49, Part 18. In addition, the ADMINISTERING AGENCY agrees to
comply with the cost principles and procedures set forth in Office of Management and Budget
Circular A-87. The ADMINISTERING AGENCY agrees that a reference to either Office of
Management and Budget (OMB) Circular A-87 or the Code of Federal Regulations, Title 48,
Chapter 1, Part 31, whichever is applicable and the code of Federal Regulations, Title 49, Part
18, will be included in any subcontracts entered into as a result of this AGREEMENT.
Page 3 of 9 1/5/oo
16. After completion of all work under this AGREEMENT, and after all PROJECT costs are
known, ADMINISTERING AGENCY shall contract for a financial audit of PROJECT costs if
those costs are in excess of $300,000. This Audit, to be accomplished at the ADMINISTERING
AGENCY's expense, may be done on an individual PROJECT basis, or PROJECT may be
included in the ADMINISTERING AGENCY's annual Single Audit. If an individual audit of
PROJECT is done, the auditor must prepare a Final Audit Report. If ADMINISTERING
AGENCY chooses the Single Audit option, an audit report is required for the State funding
share. This report should be prepared in accordance with the guidelines set forth in OMB
Circular A-133. Compliance testing performed for this audit should determine whether the
ADMINISTERING AGENCY has a system that is adequate to accumulate and segregate
reasonable, allowable and allocable costs to assure that:
(a) Reimbursement claims submitted to STATE for the PROJECT are supported by
paymenl vouchers and canceled checks.
(b) Charges for the various categories of eligible PROJECT costs incurred by the
ADMINISTERING AGENCY are fully supported and recorded in the ADMINISTERING
AGENCY's accounting records in accordance with generally accepted accounting principles.
(c) The ADMINISTERING AGENCY complied with CFR 49 Part 18, Uniform
Administrative Requirements for State and Local Governments and OMB A-87, Cost Principles
for State and Local Governments. Any instances of noncompliance or costs determined
ineligible in accordance with these regulations but claimed for reimbursement should be
identified and set forth in the auditor's report.
17. The "State Report of Expenditures" must be completed by ADMINISTERING AGENCY
within one hundred eighty (180) days of PROJECT completion in the format described for State
funded projects in Chapter 17, "Project Completion" of the Local Assistance Procedures
Manual. The Final Invoice must be submitted with the "State Report of Expenditures". The
Audit must be completed by the December 30th following the fiscal year of PROJECT
completion. Project completion is defined as when all work identified in the approved
PROJECT Application and PROGRAM SUPPLEMENT has been completed and final costs are
known. The report documents (State Report of Expenditures and Final Audit Report) will be
sent to the appropriate STATE office. Failure to comply with these reporting requirements may
result in the withholding of future allocations for other projects.
18. STATE reserves the right to conduct technical and financial audits if it is determined to
be necessary. After any financial audit, ADMINISTERING AGENCY shall promptly refund any
excess State funds erroneously reimbursed to ADMINISTERING AGENCY.
19. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided
hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to
complete PROJECT, then, within thirty (30) days of STATE's demand, or within such other
period as may be agreed to in writing between the parties hereto, STATE, acting through the
State Controller, the State Treasurer, the California Transportation Commission (CTC), or any
other public agency, may withhold or demand a transfer of an amount equal to the PROJECT
Page 4 of 9 1/5/00
amount paid by STATE from futura apportionments or any other funds due ADMINISTERING
AGENCY from the Highway Users Tax Fund or any other funds and/or may withhold approval
of future ADMINISTERING AGENCY projects.
20. Should ADMINISTERING AGENCY be constituted as a joint powers authority, a special
district, or any other public entity not directly receiving funds through the State Controller and
ADMINISTERING AGENCY is declared by STATE to be in breach of this AGREEMENT or
otherwise in default, STATE is authorized to obtain reimbursement from whatever sources of
funding are available, including the withholding or transfer of funds, pursuant to Article 1-19,
from any or all, joint and several, of those constituent entities comprising the joint powers
authority or by the bringing of an action against ADMINISTERING AGENCY and its constituent
member entities to recover all funds provided by STATE hereunder. The ADMINISTERING
AGENCY acknowledges that the signatory party represents the ADMINISTRING AGENCY and
further warrants that there is nothing within the Joint Powers Agreement itself that would restrict
or otherwise limit STATE's ability to recover state funds improperly spent by the
ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.
21. When PROJECT is not on the STATE highway system, but includes work to be
performed by a railroad, the contract for such work shall be prepared and administered by
ADMINISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event,
ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future
maintenance of protective devices or other facilities installed or constructed under that contract.
ARTICLE II - ENGINEERING
1. "Project Development Costs" includes all preliminary work directly related to the
PROJECT up to contract award for construction, including, but not limited to, environmental
studies, preliminary surveys and reports, laboratory work, soil investigation, preparation of plans,
specifications and estimates, advertising for bids, awarding contract, as well as project
development contract administration.
2. "Construction Engineering" eligible costs include actual inspection and supervision of
PROJECT construction work, construction staking, laboratory and field testing, preparation and
processing of field reports, and records, estimates, final reports, and allowable expenses of
employees/consultants engaged in such activities.
3. Unless the parties shall otherwise agree in writing, ADMINISTERING AGENCY's
employees or its subcontractor engineering consultant shall be responsible for all PROJECT
engineering work. When construction engineering is performed by STATE, charges by STATE
invoiced to ADMINISTERING AGENCY shall include an assessment on direct labor costs in
accordance with Section 8755.1 of the State Administrative Manual. Any portions of STATE
charges not contractually absorbed by STATE shall be paid from PROJECT or other funds
administered by ADMINISTERING AGENCY.
Page 5 of 9 1/5/00
4. Costs incurred by ADMINISTERING AGENCY in the period prior to the effective date
of this AGREEMENT or prior to a later date specified in a PROGRAM SUPPLEMENT or after
termination date for PROJECT described in the PROGRAM SUPPLEMENT or this
AGREEMENT am not allowable by STATE as reimbursable or matching costs.
ARTICLE 1~ - RIGHT-OF-WAY
1. All related rights-of-way necessa~ for the construction of PROJECT shall be acquired by
ADMINISTERING AGENCY, and no contract for construction of PROJECT or any portion
thereof shall be advertised until those necessary rights-of-way have been secured.
2. The furnishing of rights-of-way as provided for heroin includes, and is limited to, the
following, unless the PROGRAM SUPPLEMENT provides otherwise:
(a) expenditures to purchase all real property required for PROJECT free and clear of
liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the
fair market value of any excess property retained and not disposed of by ADMINISTERING
AGENCY.
(b) the payment of damages to real property not actually taken but injuriously
affected by the proposed improvement.
(c) the cost of relocating owners and occupants pursuant to Govemment Code
Sections 7260-7277.
(d) the cost of demolition and sales of all improvements on the fight-of-way after
credit for sale proceeds.
(e) the cost of all unavoidable utility relocation, protection or removal.
(O the cost of all necessary hazardous material and hazardous waste treatment,
encapsulation or removal and protective storage for which ADMINISTERING AGENCY is not
responsible and where the actual generator cannot be identified and recovery made.
3. Should ADMINISTERING AGENCY, in acquiring fight-of-way for PROJECT, displace
an individual, family, business, farm operation or nonprofit organization, the ADMINISTERING
AGENCY shall provide relocation payments and services as required by California Government
Code Sections 7260-7277.
4. State funds will not participate in any PROJECT costs arising out of delays to
construction or a demolition contractor's orderly prosecution of the PROJECT work because
utilities have not been timely removed or relocated or due to the unavailability of rights-of-way.
5. If any protection, relocation or removal of utilities is required within STATE's
fight-of-way, such work shall only be performed in accordance with then current STATE policies
and procedures. ADMINISTERING AGENCY shall require any utility company performing
relocation work in the STATE's right-of-way to obtain a STATE Encroachment Permit prior to
the performance of said relocation work. Any relocated utilities shall be correctly located and
identified on the PROJECT as-built plans.
Page 6 of 9 1/5/00
ARTICLE IV - MISCELLANEOUS PROVISIONS
1. The cost of security, protection, or maintenance performed by ADMINISTERING
AGENCY or contractor forces during any temporary suspension of the work or at any other time
may not be charged to the PROJECT.
2. Neither STATE nor any officer or employee thereof shall be responsible for any damage
or liability occurring by reason of anything done or omitted to be done by ADMINISTERING
AGENCY under or in connection with any work, authority, or jurisdiction delegated to
ADMINISTERING AGENCY under this AGREEMENT. It is also understood and agreed that,
pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend,
indemnify and hold STATE, its officers and employees harmless from any liability imposed for
injury (/~s defined be Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by ADMINISTERING AGENCY under or in connection with any work,
authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT.
3. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reasons of anything done or omitted to be
done by STATE under or in connection with any work, authority, or jurisdiction delegated to
STATE under this AGREEMENT. It is also understood and agreed that pursuant to Government
Code Section 895.4, STATE shall fully defend, indemnify and hold ADMINISTERING
AGENCY harmless from any liability imposed for injury (as defined be Government Code
Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in
connection with any work, authority, or jurisdiction delegated to STATE under this
AGREEMENT.
4. Auditors of state shall be given access to books and records of ADMINISTERING
AGENCY and its consultants, contractors and subcontractors for the purpose of verifying
PROJECT costs and STATE's share to be paid or credited to ADMINISTERING AGENCY for
matching funds. ADMINISTERING AGENCY shall include clauses in its contracts for
PROJECT obligating consultants, contractors and subcontractors to conform and cooperate in
any audit of their PROJECT costs including providing copies of all requested documents and
financial records.
5. ADMINISTERING AGENCY will maintain and operate the PROJECT property
acquired, developed, rehabilitated, or restored for its intended public use as proposed in those
documents supplied by ADMINISTERING AGENCY as part of PROJECT funding applications
and as described in this AGREEMENT until such time as the parties might amend this
AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING
AGENCY or its successors in interest in the property may transfer this obligation and
responsibility to maintain and operate the PROJECT property to another public entity.
Page 7 of 9 1/5/0o
6. Upon ADMINISTERING AGENCY acceptance of the completed PROJECT construction
contract or upon the construction contractor being relieved of the responsibility for maintaining
and protecting any portion of the work, the ADMINISTERING AGENCY having jurisdiction
over the PROJECT shall maintain, repair and restore any damaged portions of the completed
work in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90)
days after receipt of notice from STATE that a PROJECT, or any portion thereof, under
ADMINISTERING AGENCY's jurisdiction is not being properly operated, maintained, repaired
or restored and ADMINISTERING AGENCY has not satisfactorily remedied the conditions
complained of, the approval of future projects of ADMINISTERING AGENCY will be withheld
until the PROJECT shall have been put in a condition satisfactory to STATE. The provisions of
this section shall not apply to a PROJECT which has been vacated, as preapproved by STATE,
through due process of law.
7. The ADMINISTERING AGENCY obligation to maintain, referred to in paragraph 6
above, includes not only the physical condition of the PROJECT but its continued operation as
well. PROJECT shall be maintained by an adequate and well-trained staff of engineers and/or
such other professionals and technicians as the PROJECT requires. Said maintenance staff may
be employees of ADMINISTERING AGENCY, another unit of government, or a contractor
under an agreement with ADMINISTERING AGENCY. All maintenance will be performed at
regular intervals or as required for efficient operation of the complete PROJECT improvements.
8. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY, either in whole or in part.
9. No alteration or variation of the terms of this AGREEMENT or the PROGRAM
SUPPLEMENT shall be valid unless made in writing and signed by the parties hereto, and no
oral understanding or agreement not incorporated herein shall be binding on any of the parties
hereto.
10. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or
any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions,
terms, or funding of this AGREEMENT in any manner.
11. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder
only for transportation purposes that are in conformance with Article XIX of the California State
Constitution.
ARTICLE V - CONDITION OF ACCEPTANCE
ADMINISTERING AGENCY shall conform to all State statutes, regulations, and the
Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by
STATE and incorporated herein, including all subsequent approved revisions thereto, hereafter
collectively referred to as PROCEDURES, applicable to PROJECT, unless otherwise designated
in the approved PROGRAM SUPPLEMENT.
Page 8 of 9 1/5/00
This AGREEMENT and any PROGRAM SUPPI.FMENT(s) executed under this
AGREEMENT shall terminate upon sixty (60) days' prior written notice by STATE except that
obligations relative to the respective parties indemnification shall not expire and the
ADMINISTERING AGENCY's duties assumed under Sections 4, 5, 6 and 7 of Article IV shall
continue for so long as PROJECT remains operable.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly
authorized officers.
STATE OF CALIFORNIA City of Chula Vista
Department of Transportation
By By
Office of Project Implementation (Authorized Representative)
Division of Local Assistance .... ii?ii
Date Date ~'~ "~ ~=
Page 9 of 9 1/5/00
PRO~RAM SUPPLEI4Eg~'T NO. 953 Date:August 01,2003
1:o Locat ion: 1 t -SD-0-CHV
ADMINISTERING AGENCY-STATE AG~EE~T Project Number:sR2SL~5203(020)
FOR STATE FUNDED PROJECTS NO. 000203
E.A. Number: 11-956244
Locode: 5203
This PROGRAM SUPPLEMENT, effective 7'/2-~O~, hereby incorporates into the A~tministering Agency - State Agreement No.
000203 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an
effective date of 07/25/03 and is subject to all the terms and conditions thereof. This PROGRANI SUPPLEMENT is executed in
accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the
ADMINISTERING AGENCY on (See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from
sources noted below encumbered to this project, it accepts and will comply with the Special Covenants and Remarks set forth on the
following pages.
PROJECT LOCATION:
City of Chula Vista,.Various Sidewalks & pedestrian Ramps
TYPE OF WORK: Pedestrian Walkway
Estimated Cost State Funds Matching Funds
STAT~ $86,625.00 LOCAL OTHER
$96,250.00 $9,625.00 $0.00 $0.00
CITY OF ~u~AVISTA
STATE OF CALIFOENIA
Department of Transportation
Chief, Office of Project ~~
Date
Division of Local Assista~'~
Date
Title '" .... '''
i hereby certify upon m~ personal knowledge that bu~unds are &vailable for this encumbrance=
Accounting Officer ~(~ ~ ~ O...~--~' Date ~ - I'- O~ $86,625.00
106 2001 2660~101-042 2001-2002 20,30.010.535 C 262040 042-T 86,625.00
Pro,ram Supplement 00-0203-953- SERIAL Page 1 of 3
11-SD-0-CHV 08/01/2003
SR2SL-5203(020)
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERIN~ A~ENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
2. All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and
the encumbrance of funds under this Agreement. Funding and
reimbursement are available only upon the passage of the State
Budget Act containing these STATE funds.
3. 1. This Program Supplement Agreement (PSA) is intended for Safe
Route to School (SR2S) Program funded with State-only funding.
Separate agreements are needed if PROJECT is also funded with any
other STATE a~hnlnlstered State or Federal funds.
2. The PROJECT will be administered in accordance with the SR2S
Program ~uidelines (LPP 02-01 effective March 11, 2002), as
approved and amended, and the PROJECT Application.
3. This PSA allows reimbursement of eliglhle PROJECT expenditures
to the ADMINISTERIN~ AGENCY for which State funds are allocated.
The effective State allocation date establishes eligibility for
the ADMINISTERIN~ AGENCY to start reimbursable work and seek
reimbursement of funds. Any work done prior to the effective
allocation date is not eligible for reimbursement from the SR2S
funds.
&. The STATE and ADMINISTERING A~ENCY agree that SR2S funds
available for reimbursement to the ADMINISTERING AGENCY by the
STATE will be limited to the amount allocated and encumbered by
the STATE. Any additional funds made available by future
allocations will be encumbered on this PROJECT by use of a STATE
approved Allocation Letter and Finance Letter.
5. The ADMINISTERINO A~ENCY agrees to submit to the STATE,
Exhibit 24-E "Project Status Report" as required by the SR2S
Program Guidelines.
6. The ADMINISTERING AGENCY agrees to encumber the funds under
agreement and award the construction contract by June 30th of the
fiscal year in which funds are progralmned. For projects unable to
meet this deadline, the ADMINISTERING AGENCY may request, in
Program Supplement00-0203-953~ SERIAL Page 2 of 3
· _ 0810112003
SR2SL-5203(020)
SPECIA~ COVENANTS OK ~
writing, a t~me ~enslon from the District Lo~l
Engino~ (D~). One ~ ~t~s~on, ~or a ~ ~erl~ °~ one
year, ~ b~ gr~te~ ~ ~he D~. Projects ~le ~0 ~t the
n~w ~ea~line will be ~o~p~ ~ the
7. ~o ~INXS~RI~ ~Y ~groee to ~vi~e contract
pRO,CT. Actac~= i of this p~A ~ be u~ed for Draining the
8. ~ the tot&l ~t o~ State ~s ~c~ere~ ~ this
~oe~ ~t ~cee~ $300,000, ~he ~HINIB~RZ~ ~Y ~ choose
~en~iCures" ~o t~ D~ wlthin S~ (6) ~ths ~f=er the project
c~letion in ~cordance with Section 17.5 o~ ~he ~cal
~sist~c~ Procedures Manual
10. ~e ~INISTERXN~ AG~ agrees ~o follow all rel~t scare
l~ws ~ re~ir~ntS inclu~ing ~he c~lifo~i~
9u~li=Y Act
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date: 10/14/03
ITEM TITLE: Resolution Approving the Amended Acquisition/Financing Agreement path
NNP-Trimark San Miguel Ranch, LLC pertaining to Improvement Area A in
Community Facilities District No. 2001-1(San Miguel Ranch)
SUBMITTED BY: Director of Engineerings, ~{j
REVIEWED BY: City Manager ~~ (4/5ths Vote: Yes __ No X__..)
On July 23, 2002, with Resolution 2002-265, Council approved the Acquisition/Financing Agreement for
Community Facilities District No. 2001-01 (San Miguel Ranch). This agreement set forth the conditions and
procedures for acquiring the eligible public improvements within San Miguel Ranch, east of SR-125. The
proposed amended agreement will allow the developer to be reimbursed for roadway improvements pr/or to the
installation of Traffic Signals.
RECOMMENDATION: That Council approve the Amended Acquisition/Financing Agreement with NNP-
Trimark San Miguel Ranch, LLC pertaining to Improvement Area A in Community Facilities
District No. 2001-1 (San Miguel Ranch)
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
San Miguel Ranch is a master planned community located at the northeasterly city limits of the City
of Chula Vista. The Acquisition / Financing Agreement for San Miguel Ranch sets forth the
obligations of the developer in order for the City to acquire public improvements within San Miguel
Ranch. The original agreement required the developer to complete the traffic signals within the
project prior to the City acquiring the public improvements. The first amended agreement before
Council tonight allows the developer to be reimbursed for roadway improvements prior to the installation of
Traffic Signals as traffic signals are typically constructed as warranted.
Status of Public Improvements
Backbone roads, associated improvement and grading within the easterly portion of the project (east
of SR-125) have been constructed and are considered substantially complete and audited: Proctor
Valley Road, Mount Miguel Road from Proctor Valley Road to SR- 125, Calle La Marina and Paseo
Vera Cruz. Traffic signals are bonded for and will be installed as they are warranted.
Staff has reviewed the proposed amendment and recommends Council approval.
FISCAL IMPACT: The developer will pay all costs in accordance with the approved Reimbursement
Agreement.
Attachment: First Amendment to the Acquisition / Financing Agreement
J:\Engineer~AGENDA~2001 ~01amended af agreement al 13, 9~16-03 doc
TA~ File 0725-10-CFD973
RESOLUTION NO.2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AMENDED
ACQUISITION/FINANCING AGREEMENT WITH NN-P-
TRIM~ SAN MIGUEL RANCH, LLC PERTAINING TO
IMPROVEMENT AREA A IN COMMUNITY FACILITIES
DISTRICT NO. 2001-1 (SAN MIGUEL RANCH)
WHEREAS, the City and the Developer entered into the Acquisition Agreement to,
among other things, establish the terms and conditions pursuant to which the City would acquire
certain Improvements constructed by the Developer from proceeds of bonds issued by the
Community Facilities District for such purpose;
WHEREAS, traffic signals, collectively, are deemed in the Acquisition Agreement to be a
component of the roadway Improvement which they serve; and
WHEREAS, individual traffic signals are frequently completed significantly after the
completion of the roadway Improvement which they serve; and
WHEREAS, as a consequence of the timing of the completion of the traffic signals which
is a component of a roadway Improvement in relation to the timing of the completion of the
remainder of such roadway Improvement, the payment to the Developer of the Base increment
for such roadway Improvement is frequently delayed causing financial hardship for the
Developer; and
WHEREAS, for such reason the Developer has requested that the Acquisition/Financing
Agreement be amended (a) to establish each traffic signal as a separate Improvement and (b) to
enable the payment of the Base Increment for each traffic signal closer in time to the actual
completion of such Improvement; and
WHEREAS, the City is willing to agree to such First Amendment of the Acquisition
Agreement to avoid a financial hardship to the Developer by unnecessarily delaying the payment
of the Base Increment for each individual roadway Improvement until all traffic signals included
as components of such roadway Improvement are substantially completed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the First Amendment to Acquisition/Financing Agreement with NNP-Trimark
San Miguel Ranch, LLC pertaining to Improvement Area A in Community Facilities District No.
2001-1 (San Miguel Ranch), attached as Exhibit A and incorporated herein.
Presented by Approved as to form by
Clifford Swanson Ann Moore
Director of Engineering City Attorney
l:/Attorney\Rl!SO\FlNANCE\Acccpl A('Q-IrlN AGT NNP-TRIMARK-SAN MIGUEI, RANCH.doc
2
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann Moore
City Attorney
Dated:
First Amendment to Acquisition Financing Agreement between
the City of Chula Vista, ~FD No. 2001-1 (San Miguel Ranch),
and NNP~Trimark San Miguel Ranch, LLC
IRI~ARti PACIFIC ~O~ES ~ ALISO VIEJO HES ~004
~'IRST AMENDMENT
TO
ACQUISITION/FINANCING AGREEMENT
THIS FIRST AMENDMENT T O A CQUISITION/FINANCING A GREEIVlENT, dated
as of , 2003 (the "First Amendment"), by and between the City of Chula Vista, a
charter city duly organized and validly existing under the Constitution and the laws of the State
of California (the "City"), acting for and on behalf of itself and Community Facilities District
No. 2001-1 (San Miguel Ranch) (the "Community Facilities District"), and NNP-Trimark San
Miguel Ranch, LLC, a Delaware limited liability company (thc "Developer") is entered into by
the parties hereto to amend that certain Acquisition/Financing Agreement, dated as of
, 2002 (the "Acquisition Agreement"). Capitalized terms used in this First
Amendment shall have the meanings given such terms in the Acquisition Agreement unless
otherwise provided for herein o r t he context o f t he u se o f any such capitalized terrn requires
otherwise.
RECITALS
WHEREAS, the City and the Developer entered into the Acquisition Agreement to,
among other things, establish the terms and conditions pursuant to wh/ch the City would acquire
certain Improvements constructed by the Developer from proceeds of bonds issued by the
Community Facilities District for such purpose;
WHEREAS, traffic signals, collectively, are deemed in the Acquisition Agreement to be
a component of the roadway Improvement which they serve; and
WHEREAS, individual traffic signals are frequently completed significantly after the
completion of the roadway Improvement which they serve; and
WHEREAS, as a consequence of the timing of the completion of the traffic signals which
is a component of a roadway Improvement in relation to the timing of the completion of the
remainder of such roadway Improvement, the payment to the Developer of the Base Increment
for such roadway Improvement is frequently delayed causing financial hardship for the
Developer; and
WHEREAS, for such reason the Developer has requested that the Acquisition/Financing
Agreement be amended (a) to establish each traffic signal as a separate Improvement and (b) to
enable the payment of the Base Increment for each traffic signal closer in time to the actual
completion of such Improvement; and
WHEREAS, the City is willing to agree to such First Ameridment of the Acquisition
Agreement to avoid a financial hardship to the Developer by unnecessarily delaying the payment
of the Base Increment for each individual roadway Improvement until all traffic signals included
as components of such roadway Improvement are substantially completed.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows:
1
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Amendment t o Exhibit A. Exhibit A to the Acquisition Agreement is
hereby amended in its entirety to read as set forth in Attachment 1 hereto which is incorporated
herein by the reference.
SECTION 3. Priority of Payment of Purchase Price for Traffic Signals. Each traffic
signal identified in Exhibit A shall have the same priority for payment pursuant to Section 7(f)(i)
as the roadway Improvement which such traffic signal serves.
SECTION 4. Effect of this First Amendment on the Other Terms and Provisions of
the Acquisition Agreement. All terms and provisions of the Acquisition Agreement shall
remain in full force and legal effect except as expressly modified by the provisions of this First
Amendment.
SECTION 5. General Provisions.
(a) The Acquisition Agreement as amended by this First Amendment and the
agreements expressly referred to herein contain all of the agreements of the
parties hereto with respect to the matters contained herein and all other prior and
contemporaneous agreements, representations, negotiations and understandings of
the parties hereto, oral or written, are hereby superseded and merged herein. No
provision of this First Amendment may be modified, waived, amended or added
to except by a writing signed by the party against which the enforcement of such
modification, waiver, amendment or addition is or may be sought.
(b) This First Amendment has been reviewed by legal counsel for City and Developer
and shall be deemed for all purposes to have been jointly drafted by City and
Developer. No presumption or rule that ambiguities shall be construed against the
drafting party shall apply to the interpretation or enforcement of this First
Amendment. The language in all parts of this First Amendment, in all cases, shall
be construed as a whole and in accordance with its fair meaning and not strictly
for or against any party and consistent with the provisions hereof, in order to
achieve the objectives of the parties hereunder. The captions of the sections and
subsections of this First Amendment are for convenience only and shall not be
considered or referred to in resolving questions of construction.
(c) Except as expressly provided otherwise in this First Amendment, all provisions of
Sections 22 through 34 of the Acquisition Agreement shall apply to this First
Amendment.
[Remainder of this page intentionally left blank]
2
IN WITNESS WHEREOF thc parties hereto have ex~cutod this First Amendment on thc date
above written.
"CITY"
CITY OF CI-ILrLA VISTA
STEPHEN C. PADILLA, MAYOR
CITY OF CHULA VISTA
STATE OF CALItrORNIA
ATTEST: APPROVED AS TO FORM:
CITY CLERK ANN MOORE, CITY ATTORNEY
CITY OF CHULA VISTA CITY OF CHULA VISTA
STATE OF CALIFORNIA STATE OF CALIFORNIA
"DEVELOPER"
NNP-TRIMARK SAN MIGUEL RANCH, LLC, a
Delaware limited liabihty company
By: ~~~
By:
3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Count, of
SS.
On II~/~.~.~ 10:~ beforeme, d' ~ ....
J ~ ( g, 'Jane ~ No~
.
pors°nally apple' ~ ~ ~ ~;;;y known to me
~ proved to me on the basis of satisfacto~
evidence
to be the person~whose name~s/~
subscribed to tee within instrument and
acknowledged to me that he/~executed
the same in hi~r authorized
capacity~, and that by his/~
signature~ the instrument the perso~r
the entity upon behalf of which the person~
acted, executed the instrument.
my hand and official seal.
Si~nalure o~ Nota~ Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
~tle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
[~ Individual Top of thumb here
[] Corporate Officer--Title(s):
[] Partner -- ['_~ Limited [] General
[] Attorney-in-Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
COUNCIL AGENDA STATEMENT
Item
Meeting Date October 14, 2003
ITEM TITLE: Resolution Accepting Household Hazardous Waste Grant
I-ID12-03-0041 from the California Integrated Waste Management Board,
Authorizing thc City Manager to Execute All Documents in Conjunction
with Administering thc Grant and Appropriating $300,000 in
Unanticipated Revenue to the Waste Management Recycling Fund for
Fiscal Year 2003/2004 to Implement the Grant.
SUBMITTED BY: Director of Conservation & Environmental Services
REVIEWED BY: City Manager~'~) (4/$ths Vote: Yes X No
BACKGROUND
The City has been the lead agency in developing and implementing a household hazardous waste
(HHW) program for Chula Vista, Coronado, Imperial Beach and National City. By assisting
residents with thc proper recycling or disposal of HHW the City can prevent improper disposal
that could harm the local watershed and cost far more to collect and remediate. Removing HHW
from homes can also help to prevent fires and reduce the incidence of child poisonings.
Thc current program includes a regional HHW drop-off facility located at the Corporation Yard,
a door-to-door collection program and a public education program. The Council passed
Resolution #2000-085 authorizing the City Manager to apply for used oil recycling and HHW
grants through fiscal year 2002/03. Prior to this grant the City had received approximately
$275,000 in HHW funds to build the permanent regional drop-off facility and provide public
education programs for the South Bay. On August 21, 2001, thc Council approved a $300,000
.grant from thc California Integrated Waste Management Board (CIWMB) to develop and
~mplemcnt a regional HHW program for the South Bay through March 2003. Attached for
Council's review and approval is a new grant agreement that is very similar to thc August 2001
agreement. This additional $300,000 grant is thc maximum amount awarded by the State for
HHW discretionary grants, and thc City received thc highest score among more than 100
applicants applying for the funds. The grant will provide funds for a more comprehensive
countywide public education campaign, funding for the regional, permanent HHW drop-off
facility, collection of computer and television monitors and some equipment for thc Coronado
HHW facility.
RECOMMENDATION: Approve thc resolution, authorizing the City Manager to execute the
grant agreement as requested by the state and appropriate funds therefor.
BOARD/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission
(RCC) has reviewed and approved thc City's Household Hazardous Waste Element and
subsequent HHW program modifications that include the programs funded by this grant.
Page 2, Item ~
Meeting Date October I4, 2003
DISCUSSION: The program targets a regional problem that affects all the cities that share the
South Bay watershed. Household hazardous waste does not recognize jurisdictional boundaries.
Oil, latex paint, solvents and other HHW products improperly disposed of in storm drains or the
bay will negatively affect wildlife habitat and our safe recreational use of the local watershed
regardless of its origin. By working together South bay cities have a better chance of preserving
wildlife habitat and maintaining a safe environment for all our residents.
The primary purpose of this HHW grant is to provide $300,000 to expand public education and
outreach efforts, to increase use of the permanent HHW facility for South Bay residents, to
expand door-to-door services for seniors and the disabled, and to provide equipment for the
Coronado HHW facility. This grant is a "regional" program that includes the Cities of Chula
Vista, Imperial Beach, National City and Coronado as original grant participants. The City and
County of San Diego have also supported the grant application and their South Bay residents will
be encouraged to participate in a number of the programs components.
Up to $100,000 of the funds may be used to support a countywide public education program that
will: update the state HHW hotline for all the cities in the county, provide a uniform point of
purchase message in stores that sell HHW throughout the County, provide a tmiform public
education message that focuses on "source reduction," and translate the moving guide and other
materials produced in the last cycle into Spanish. The program will encourage residents to buy
non-toxic products whenever possible, and when they choose as a consumer to buy potentially
toxic products to buy only the amount they need, use up the contents according to instruction and
properly dispose of or recycle the empty container.
The program also helps to fund disposal costs of HHW. The grant recognizes the increase in
classifications and weight of HHW due to the addition of electronic wastes such as computer
monitors, televisions and fluorescent lamps to the HHW waste stream. In addition to educating
residents about the need to properly dispose of these items, which contain lead, the grant will
also help fund their disposal. The grant also provides some funding for overhead and staff costs.
FISCAL IMPACT: The grant will provide $300,000 to implement the HHW education and
proper disposal program. If approved $300,000 will be appropriated for this year's budget. The
grant provides funds to cover direct and overhead costs that are required by the program's
implementation. There are no additional fiscal impacts anticipated as a result of the
recommended action to adopt the attached resolution. The program does not require matching
funds and none were recommended, however it does allow the Director of Conservation and
Environmental Services to more effectively compliment other funds approved by Council for
recycling, household hazardous waste and NPDES public education, collection and prevention
programs. Any costs that may not be covered by the grant would be funded by the HHW
component of the Conservation & Environmental Services Program budget for this fiscal year.
mtm:HHW: 04 grant-c:reso-accept grant HD12-03-0041
RESOLUTION NO. 2003~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING HOUSEHOLD HAZARDOUS
WASTE GRANT HD12-03-0041 FROM THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD,
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS IN CONJUNCTION WITH ADMINISTERING
THE GRANT AND APPROPRIATING $300,000 IN
UNANTICIPATED REVENUES TO THE WASTE
MANAGEMENT RECYCLING FUND FOR FISCAL YEAR
2003/2004 TO IMPLEMENT THE GRANT
WHEREAS, on August 21, 2001, the City accepted $300,000 grant from the California
Integrated Waste Management Board to develop and implement a regional HHW program for
the South Bay through March 2203; and
WHEREAS, the City has been awarded an additional $300,000 grant which is the
maximum awarded by the State for HHW discretionary grants; and
WHEREAS, the grant will provide funds for a more comprehensive countywide public
education campaign, funding for the regional, permanent HHW drop-off facility, collection of
computers and television monitors and some equipment for the Coronado HHW facility.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept Household Hazardous Waste Grant HD12-03-0041 from the California
Integrated Waste Management Board, authorizing the City Manager to execute all documents in
conjunction with administering the Grant and appropriating $300,000 in unanticipated revenues
for Waste Management Recycling fund for Fiscal Year 2003/2004.
Presented by Approved as to form by
Michael Meachum Ann Mbore
Director of Conservation & City Attorney
Environmental Services
.l:\attomey\resoXGrant\Hazardous Waste grant
Council Agenda Statement
CllV OF Item No
OR.JlA VISTA Meeting Date: October 14~ 2003
ITEM TITLE: Resolution Authorizing Energy Consulting Services and
Appropriating $75,000 from the Available Fund Balance of the General Fund to
the Environmental Services Resource Management Supply and Services Budget
for Peer Review of the Municipal Energy Utility Study and Related Energy
Issues Before the California Public Utilities Commission
BY: Director, Conservation and Environmental Servi~-'~'~..,
SUBMITTED
REVIEWED BY: City Manager ~
(4/Sths Vote Yes X No ~
The funding provides the City with consulting services to conduct a peer review of the Municipal
Energy Utility Study and support the City's participation in related issues before the California Public
Utilities Commission (CPUC).
BACKGROUND: Staff is requesting an appropriation for consulting services that would assist staff
with the City's Municipal Utility Study and related issues before the CPUC. This request authorizes
the retention of consultants for a peer review of the Municipal Energy Utility Report and expert
assistance with AB 117 Community Choice Aggregation (CCA), and appropriates funds therefore.
CCA provides local governments with the authority to purchase and deliver electricity to residents and
businesses within their jurisdiction over the existing utility's electrical distribution system. Under
CCA residents and businesses have the option of selecting service from their local government or
existing utility. Staff has identified consultants with the expertise needed to review various
components of the report and provide staff with the technical assistance to participate in the rule
making and hearing process at the CPUC on related matters.
RECOMMENDATION: That Council adopt the resolution authorizing the additional energy
consulting services for peer review of the Municipal Utility Energy Study and participation in related
issues before the CPUC, appropriate $75,000 from the available fund balance of the General Fund to
fund those services and amend the FY04 Environmental Resource Management Supply and Services
Budget.
BOARD AND COMMISION RECOMMENDATION: Not Applicable
DISCUSSION: Staffhas engaged the services of the law finn Manatt, Phelps and Phillips (MPP)
whose practice includes substantial experience in California with energy and related maters. The
engagement with MPP is focused on franchise and related issues before the CPUC. Dave Huard, a
partner with MPP, is the primary lawyer providing assistance to the City, and has substantial
experience in energy franchise issues and representation before the CPUC.
Page 2, Item
Meeting Date; October 14, 2003
Peer Review of Municipal Energy Utility (MEU) Study: The Peer review will assist Staff in
identifying and objectively testing critical components of the MEU Study. Staffwill engage
independent experts to verify and test the validity of underlying assumptions of the MEU Study using
consultants with specific expertise in energy procurement, business systems operations, rate making
and related issues.
AB~117, Community Choice Aggregation (CCA): Tins rule making procedure will establish the rules
that govern how cities will be allowed to supply electricity to the residents and businesses within their
respective jurisdictions as an altemative to the Investor Owned Utilities (IOU's). IOU's are expected
to present arguments that will make CCA a less cost effective option for Chula Vista and other local
governments to pursue. CCA was established by the legislature to reintroduce competition into the
energy markets in 2002.
The MEU Study and CCA are part of the Staff's due diligence in investigating the options to renewing
a long-term energy franchise agreement. The MEU and CCA are the primary options made available to
the City through the City Charter and state law. The energy franchise represents a franchise
relationship that could last for up to 55 years. The total annual value of the Chula Vista Gas and
Electricity Franchises to SDG&E are estimated to be in excess orS100 million dollars per year in gross
revenue. SDG&E's current application before the CPUC requests a 4% increase in electricity rates,
and natural gas rate increases of 5% for residential and 16% to 81% for commercial customers. The
Office of Ratepayer Advocate and the Utility Consumer Action Network (UCAN) have estimated that
the electricity rate adjustment requested by SDG&E will effectively increase electricity costs to
consumers by as much as 10% to 11%. SDG&E had the highest rates among the major California
utilities before the current round of rate adjustments, and Pacific Gas & Electric and Southern
California Edison have both requested decreases in their current rate submittals.
Staff believes that the impact to residents, businesses and the City's ability to provide service require
that staff investigate energy service options before committing to a long-term franchise agreement.
Staff also believes that the City should take advantage of every opportunity to engage SDG&E and the
CPUC to speak out on behalf o£ratepayers and gather the information required to determine the
economic viability of energy service options provided under state law. Staff also believes that the
request for funds will cover the cost of technical assistance for a thorough peer review of the
Municipal Energy Utility Report and the City's participation in the rule making process for AB 117
before the CPUC.
FISCAL IMPACT:
There will be a one-time net impact of up to $75,000 to the general fund balance.
Mtm: Aprop-10-14-PUC consultants
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CHULA VISTA
AUTHORIZING ENERGY CONSULTING SERVICES AND
APPROPRIATING $75,000 FROM THE AVAILABLE FUND
BALANCE OF THE GENERAL FUND TO THE ENVIRONMENTAL
SERVICES RESOURCE MANAGEMENT SUPPLY AND SERVICES
BUDGET FOR PEER REVIEW OF THE MUNICIPAL ENERGY
UTILITY STUDY AND RELATED ENERGY ISSUES BEFORE THE
CALIFORNIA PUBLIC UTILITIES COMMISSION
WHEREAS, staff is requesting authorization for additional consulting services
and an appropriation that will assist staff with the City's Municipal Utility Study and
related issues before the California Public Utility Commission ("CPUC'); and
WHEREAS, this request for funds will cover the retention of consultants for a
thorough peer review of the Municipal Energy Utility Report and the City's participation
in the rule making process for AB 117 Community Choice Aggregation before the
CPUC; and
WHEREAS, staff has identified consultants with the expertise needed to review
various components of the report and provide staff with the technical assistance to
participate in the rule making and hearing process at the CPUC on related matters.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby authorize Energy Consulting Services and appropriates $75,000
from the Available Fund Balance of the General Fund to the Environmental Services
· Resource Management Supply and Services Budget for Peer Review of the Municipal
Energy Utility Study and Related Energy Issues Before the California Public Utilities
Commission.
Presented by Approved as to form by
Clifford Swanson Ann...gloore ~/
Director of Engineering Cffy Attorney
J:/attomey/reso/Finance/Energy Consulting Services
~ Council Agenda Statement
CHYOF ~?
CHUIA VISTA ~
Meeting Date: October 14, 2003
ITEM TITLE: Resolution Appropriating $182,500 fi:om the Available
Fund Balance of the General Fund to the Environmental Services Resource
Management Supply and Services Budget for Purpose of Funding Electricity &
Gas Consultants
SUBMITTED BY: Director, Conservation and Environmental Services
REVIEWED BY: City Manager/~
(4/5tbs Vote Yes _X No ~
The funding provides the City with the technical assistance to support the City's ongoing SDG&E
franchise negotiations, as well as analyze and participate in related issues before the California Public
Utilities Commission (CPUC).
BACKGROUND: Staff requests an appropriation for outside counsel and other related experts that
will assist staff with the City's Electric and Gas Franchise negotiations and related CPUC issues. Staff
has engaged outside counsel and other related experts with experience in the specific issues before the
CPUC, and with gas and electric franchise negotiations.
RECOMMENDATION: That Council adopt the resolution appropriating $182,500 to fund outside
counsel and other related experts for Electricity and Gas Franchise negotiations, participation in the
hearing process at the CPUC, and amending the FY04 Environmental Resource Management Supply
and Services Budget.
BOARD AND COMMISION RECOMMENDATION: Not Applicable
DISCUSSION:
Staff has engaged outside counsel and other appropriate experts. The primary counsel is Manatt,
Phelps and Phillips (MPP) whose practice includes substantial experience in California with energy
and related maters. The engagement with MPP is focused on franchise negotiations and SDG&E
related issues before the CPUC. Dave Huard, a partner with MPP, is the primary lawyer providing
assistance to the City, and has substantial experience in energy franchise issues and representation
before the CPUC.
The fi:anchise negotiations issue involves a franchise relationship that could last for up to 55 years.
The total annual value of the Chula Vista franchise to SDG&E is estimated to be in excess of $100
million dollars per year in gross revenue. SDG&E's current application before the CPUC requests a
4% increase in electricity rates, a natural gas rate increases of 5% for residential and 16% to 81% for
commemial customers. The Office of Ratepayer Advocate and the Utility Consumer Action Network
(UCAN) have estimated that the electricity rate adjustment requested by SDG&E will effectively
increase consumer costs by as much as 10% to 11%. SDG&E had the highest rates among the major
Page 2, Item
Meeting Date; October 14, 2003
California utilities before the current round of rate adjustments, and Pacific Gas & Electric and
Southern California Edison have both requested decreases in their current rate submittals.
Staff believes that the impact to residents, businesses and the City's ability to provide service require
that staff take advantage of every opportunity to engage SDG&E and the CPUC to speak out on behalf
ofratepayers and gather the information required to negotiate the best franchise agreement possible.
Staffalso believes that the request for funds will cover the cost of outside counsel and other related
expert support for franchise negotiations and the CPUC process for the next four to six months. Staff
recognizes that this request for flmding is significant, however, given what is at stake for the
community, staff also believes that it is justified.
FISCAL IMPACT:
There will be a one-time net impact of up to $182,500 to the general fund balance.
Mtm: SDG&E:Manatt-aprop- 10-14
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY OF CHULA VISTA APPROPRIATING
$182,500 FROM THE AVAILABLE FUND BALANCE OF THE
GENERAL FUND TO THE ENVRIONMENTAL SERVICES
RESOURCE MANAGEMENT SUPPLY AND SERVICES BUDGET
FOR PURPOSE OF FUNDING ELECTRICITY & GAS
CONSULTANTS
WHEREAS, staff requests an appropriation for outside counsel and other related
experts for consulting services that will assist staff with the City's gas and electric
franchise negotiations and related California Public Utility Commission ("CPUC")
issues; and
WHEREAS, staff has engaged outside counsel and other appropriate experts to
support staff's efforts during franchise negotiations and the California Public Utility
Commission process.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby appropriate $182,500 to fund outside counsel and other related
experts to assist staff with the Electricity and Gas Franchise negotiations and participate
in the hearing process at the CPUC; and amend the FY04 Environmental Resoume
Management Supply and Services Budget.
Presented by Approved as to form by
Michael Meachum
Director of Conservation ~ty AMt~o°~ey ~']
& Environmental Services
J:/attomey/reso/finance/environmental services resource
PAGE 1, ITEM NO.:
MEETING DATE: IO/~,~'/~,3
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DIRECTING STAFF TO PREPARE A CITY COUNCIL POLICY FOR THE
DEVELOPMENT OF AFFORDABLE FOR-SALE HOUSING FOR LOW-
INCOME BUYERS INCLUDING: (1) ESTABLISHMENT OF
DEVELOPMENT OPTIONS; (2) ESTABLISHMENT OF PROGRAM
REQUIREMENTS; AND (3) ESTABLISHMENT OF A PRIORITIZATION
SYSTEM FOR THE SELECTION OF BUYERS
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L~'~-D'~ ~
REVIEWED BY: CITY MANAGER ~~''
4/STHS VOTE: YES ~ NO ~
BACKGROUND
During a recent public hearing regarding a proposed affordable rental development within the
EastLake community, the City Council directed staff to provide information outlining how
affordable for-sale housing is developed and the factors that are considered to ensure the for-
sale units are appropriately restricted as affordable.
In response, staff assembled an Affordable Housing Working Group ("Working Group") made up
of builders, lenders, real estate professionals, the City's Housing Advisory Commission, and other
industry stakeholders. The purpose of the Working Group is to evaluate and provide input on a
variety of existing and proposed housing policies, programs and processes to assist staff and the
Council in effectively meeting the affordable housing needs of our residents and community. The
Working Group membership is designed to be modified and tailored to meet the needs of the
particular subject matter that is being evaluated. The first policy issue is the establishment of
implementation guidelines for the development of affordable for-sale housing, which is now
being presented for Council consideration.
RECOMMENDATION
That the City Council approve a resolution directing staff to prepare a City Council policy for the
development of affordable for-sale housing for Iowdncome buyers including development
options, program requirements and establishment of a prioritization system for the selection of
buyers.
PAGE 2, ITEM NO.:
MEETING DATE:
BOARDS/COMMISSIONS RECOMMENDATION
The Housing Advisory Commission recommended that the City Council direct staff to prepare a
City Council policy for the development of affordable for-sale housing including the two
recommended development options, program requirements and establishment of a prioritization
system for the selection of buyers.
DISCUSSION
The Working Group for the initial topic of "affordable for-sale housing developments" was
comprised of stakeholders in the housing and building community including members of the
Housing Advisory Commission, representatives for residential developers/builders, affordable
housing developers/builders, mortgage lenders, and homebuyer counseling agencies. Two
meetings were scheduled with the Working Group to discuss this topic.
At the first meeting on August 13, various mechanisms for implementing affordable for-sale
developments were discussed. Staff presented information regarding the two most common
methods applied to affordable housing developments: Recapture Restriction and Resale
Restriction and suggested that the Working Group identify the preferable method. The Recapture
Restriction method allows for the City to share the equity with the homebuyer upon subsequent
sale. The Resale Restriction method is the implementation of a deed restriction for a period of
time on the unit, which restricts the occupancy and any subsequent sales to qualified Iow-income
homeowners. Currently, the City of Chula Vista has had experience with the Recapture Restriction
only. Staff surveyed other California cities to determine what methods were most often utilized.
The results are included as Attachment 1. In addition, information was presented regarding the
calculation of the "affordable sales price" and State Redevelopment law.
The Working Group agreed with the factors used to determine the "affordable sales price"
calculation. However, there was significant discussion regarding the advantages and
disadvantages of each affordable for-sale development method. The main concern was that
there be enough flexibility in the alternatives to more fully implement the goals and objedives of
the City's Affordable Housing Program· The Working Group recommended that more than one
development method be formulated which would be more responsive to the different dynamics
and real estate market conditions within various areas of the City. Therefore, staff was directed
by the Working Group to develop several alternative development methods for review at the next
meeting.
A. Affordable For-Sale Housing Development Option~
At the meeting of August 27, the following three alternatives were presented with examples of
each.
Option I: Market Rate Price using Silent Second Loan and Equity Share
PAGE 3, ITEM NO.:
MEETING DATE:
Option 2: Recapture Restriction
Option 3: Resale Restridion
The three options are briefly described below with associated advantages and disadvantages
highlighted. Attachment 2 provides an example of each alternative method.
OPTION 1: MARKET RATE PRICING AND EC~UITY SHARF
Objective: Promote long-term residency while providing opportunity for homeowner to benefit
from equity with ability to "move up" into other homeownership unit.
How It Werks: Determine "Affordable Sales Price" and Market Rate Price of unit.
Developer/Builder provides "silent ~econd loan" to the buyer in favor of the City for the difference
be'w~een the affordable and market price. Therefore, the buyer only has to qualify at the
affordable price but the unit is sold at the market rate price.
The buyer's repayment of the silent second loan would not be due until sale, transfer, refinance,
rental or change in title. At the time of repayment, principal loan amount would be due plus a
portion of "equity" based upon the length of time the borrower has occupied the unit multiplied
by the percent of the initial "City interest" (silent second loan) in the property and the housing
index.
Advantages:
Less stigma of "affordable" housing in community
Maintains market rate price instead of creating artificial "affordable" price
Affordable buyers only qualify for affordable price
Less financial burden on household because payments on second loan deferred
Funds due upon sale~transfer~etc, can be used for future affordable housing programs
Program is fairly easy to administer
Disadvantages:
Depending upon real estate market conditions equity recapture in addition to repayment
of second loan may place additional financial burden on homeowner
Funds repaid (2'~ loan plus equity) may not be enough to "replace" unit, particularly in
the current market
> Potential loss of mixed-income development as initial unit goes to market rate rather than
remain "affordable" upon resale
> Dispersion of affordable units unlikely in this scenario
OPTION 2: RECAPTURE RESTRICTION
Objective: Provide opportunity to purchase unit that is "affordable" while receiving tax
benefits and building equity in property allowing for potential to "move up" into
other homeownership properties.
PAGE 4, ITEM NO.:
MEETING DATE:
How It Works: Determine "Affordable Sales Price" and sell unit to Buyer at this price.
Implement Deed Restridion for Equity Share program for up to 45-year period, consistent with
Redevelopment Law. No payments due until sale, transfer, refinance, rental or change in title, at
which time Homeowner must share equity with City based upon formula which calculates
percentage of equity share based upon length of time that Homeowner has remained in the
property. Equity share in this option should be significant to encourage homeowner to stay in
property.
Advantages:
City's level of equity share encourages buyers to remain in property for longer period of
time therefore maintaining life of affordable unit
More affordable buyers able to qualify
City receives funds upon sale~transfer~etc, to use for future affordable housing programs
Program is fairly easy to administer
Disadvantages:
Homeowners may still sell property within short period of time and City will Pose the unit
Funds repaid may not be enough to "replace" unit, particularly in the current market
Definition of equity is subjective and difficult fo define
Potential loss of mixed-income development. Unit goes to market rate rather than remain
"affordable"
> Stigma of "affordable" unit and buyer at initial sale
OPTION 3: RESALE RESTRICTION
Objective: Provide opportunity to Iow-income buyer to receive tax benefits of ownership and
build limited equity in property while maintaining long-term affordability of property.
How It Works: Determine "Affordable Sales Price" and sell unit to Buyer at calculated price.
Implement Deed Restriction that requires that all subsequent sales for designated period of time,
45 years, must be to "qualified affordable" households purchasing at an "affordable" sa[es price.
City may have First Right of Refusal in situations where seller cannot find a qualified buyer or if
there is a default on the loan.
Advantages:
Unit remains affordable for designated period of time
Affordable sales price makes it more likely that more Iow-income buyers will qualify
Unit does not have to be "replaced" during the 45-year period of affordability
Disadvantages:
Process may be difficult for Homeowner and potential buyers to understand
Homeowner may be less likely to make property improvements
Leaves potential for side deals with family and friends on subsequent sales
Potential stigma of "affordable" attached to unit and homeowner
Difficulty in obtaining financing
PAGE 5, ITEM NO.~
MEETING DATE:
Real estate agents may unwilling to list property
Administratively cumbersome for staff
The Working Group reviewed each of the three alternatives and after much discussion
recommended Options 1 and 2 with some modifications to Option 1. Option 3 was rejected
because of: 1) the potential financial obstacles including difficulty in obtaining primary financing
and refinancing opportunities; 2) the onerous administrative burden; and 3) the difficulty it would
pose to homeowners (e.g. finding a replacement buyer who could meet the income and purchase
requirements). The Working Group preferred Options 1 and 2 because they both provide
affordable homeownership opportunities to Iowdncome families while also ensuring that both the
homeowner and the City receive equity from the subsequent sale without stigmatizing the unit as
"affordable." Additionally, the Working Group considered that having hvo alternative
development methods available would provide more flexibility for the City since the needs and
objectives for future proposed development might differ given the location of the proposed
project and market conditions.
B. Affordable For-Sale Housing Program Features and Loan Underwriti~,,
In addition to making recommendations regarding the above options, the Working Group also
discussed standard program features and loan underwriting that may be required for all
proposed affordable for*sale developments.
The standard program features would include the following:
1. All "affordable" units must be sold to buyers that meet both the income-based and cost-
based measures of affordability. The cost-based measure will not exceed 36% of gross
income.
2. Units will be priced according to whether or not developer receives any financial
assistance or incentives. If the City provides assistance, the units will be priced at 70% of
AMI, otherwise, they may be priced at 80% of AMI.
3. Developer will market ~wo-bedroom units to households of three or greater and three
bedroom units to households of five or greater during the first 90 days of marketing.
After which, the developer may then market the affordable unit to any household size.
Ninety day marketing period shall be defined as the first day that the "affordable unit" is
marketed to the public.
4. City and Developer to jointly coordinate and develop pool of qualified lenders.
Prospective homebuyers must be pre-qualified by one of these lenders in order to
purchase an affordable unit. Homeowner required to offend "Homeowner Training
Program"
PAGE 6, ITEM NO.:
MEETING DATEs
5. Borrower to sign release authorizing the Ci~, to receive a copy of buyer's 1003 (Mortgage
Loan Application), Good Faith Estimate and Underwriting Transmiffal Summary (1008) or
similar form from Lender. City to send Approval Notice to Lender before dose ensuring
Buyer eligibilihc
Loan Underwriting:
Minimum contribution by buyer (3%)
Establish Maximum liquid assets after downpayment and closing cost contribution
Non-occupant co-borrowers not allowed
Cap on total housing ratio (36%)
Cap on debt-to-income ratios (41% FHA, 45% Other Loans)
No cash-out refinancing allowed
C. Prioritization of Affordable Housing Units
The Housing Element of the City's General Plan (1999-2004) establishes goals and policies for
the Ci~7 to address a number of important housing related issues. The primary goal is to ensure
that decent, safe housing is available at an affordable cost. Goal 3 is to "ensure that an
adequate and diverse housing supply is available to meet the ci~7's existing and future needs". In
addition Goal 4 is to "increase home ownership opportunities for Iow and moderate-income
households". To implement these goals, the Housing Element identifies five-year objectives. To
that end, under the Affordable Housing Program, an affordable housing requirement has 'been
established which requires residential development projects consisting of 50 units or more to
restrict a minimum of ten (10) percent of the units for occupancy by and affordable to Iow- and
moderate income households, with at least 5% of the units for Iow-income residents and 5% for
moderate income residents.
The 2000 U.S. Census Bureau reports that there are 72,813 people commuting from the City
and of those, 76.2% or 55,455 are single commuters. The average travel time is 27 minutes. In
addition, the SANDAG 2030 Regional Transportation Plan indicates that although the City has a
high population density, it has very Iow employment density. Therefore, the number of
commuters is expected to rise. It is anticipated that the number of employment opportunities
within the City will increase therefore, a greater supply of housing opportunities within the City
will be required. In order to decrease the number of commuters exiting the City and increase the
jobs-housing balance, a prioritikation system that includes opportunities for individuals employed
within the City but who currently live outside is being presented.
The new Housing Element cycle for 2005-2010 is beginning, which provides an opportunity for
the City to establish new policies and guidelines for future affordable housing developments.
Both the City Council and Housing Advisory Commission have expressed an interest in
establishing a policy for prioritizing affordable housing units within the City.
9
PAGE 7, ITEM NO.:
MEETING DATE:
In order to gain a greater understanding of existing prioritization systems in place, staff surveyed
a number of cities in California to see how they address the issue of prioritization. A summary of
that research is included in Attachment 3. The Working Group discussed the issue and was
presented the survey information and recommends implementation of the following prioritization
system that includes a three tiered approach:
1. Persons who currently live in affordable rental housing units
2. Residents and non-residents employed within the Ci~/ for at least 90 days before
application submiflal
3. Residents within the City for at least 90 days before application submi~al
The Working Group concluded that the three tiers address a variety of issues not only related to
the continuum of affordable housing (Tier 1) but also quality of life and jobs-housing balance. In
order to implement the prioritization system, a deadline would be established for a proposed
development and applications would be sorted according to priority. Upon close of the
application period, it is recommended that a lottery be held utilizing the applications in order of
their priority to further ensure that the selection process is fair and equitable.
~ ''~. In summary, based on input received from the Working Group, staff supports approval of the
development options that both allow for the development of affordable for-sale housing without
stigmatizing the units and providing revenue to the City upon re-sale for the development of other
affordable housing opportunities within the City. Additionally, the Working Group also has
suggested some common program and underwriting features and the establishment of a
prioritization system for future buyers. If adopted, these development methods would be utilized
to process future affordable for-sale housing developments.
FISCAL IMPACT
There is no direct fiscal impact associated with this requested action. However, when staff comes
back with the finalized Council policy, it is expected that these policies will have beneficial fiscal
impacts associated with a more efficient and effective use of the City's Low and Moderate Income
Housing Fund.
ATTACHMENTS
1. Survey of How Other California Cities Implement Affordable For-Sale Housing Developments
2. Examples of Options 1-3
3. Survey of How Other California Cities Implement Housing Prioritization Systems
J:\COMMDEV~STAFF.REf~10-07-03~Affordable For Sale Policy- Rev.doc
AI-rACHMENT 2
Utilizing the following assumptions, the three options are presented below.
Maximum Purchase Price by Household Size 180% of AMI}
No. of Household Annual Monthly Monthly Taxes, Funds Down Max
Bedrooms Size Income Income Housing HOA, Available Max Loan Purchase
Cost C~ Insurqnfo, for P&I Payment Price
1 1 35,750 2,979 1,073 334 739 123,277 31813 127,09C
2 40,850 3,404 1,226 3611 865~ 144,293 4,463 148,75~
2 3 45,950 3,829 1,379 3881 990' 165,309 5,113 170,421
4 51,050 4,254 1,532 415 1,116! 186,324 5,763 192,087
3 5 55,100 4,592 1,653 437 1,216 203,013 6,279 209,292
6 59,200 4,933 1,776 458 1,311] 219,908 6,801 226,709
4 7 63,300 5,275 1,899 48(] 1,419 236,803 7,324 244,126
8 67,350 5,613 2,021 502 1,519 253,491 7,840 261,331
Downpayment 3%
Interest Rate 6%
Term of Loan 30 years
Taxes & Insurance 1.5% of Sales Price
HOA Fees $175/month
Closing Costs & Fees 2.5% of Loan
Maximum Allowable Housing Costs (PITI & HOA) 36% of monthly income
OPTION 1 -EXAMPLE:
Max Afl Second Trust Deed Amount
No. of Household
Purchase Market Value of Home
Bedrooms Size
Price $ 230,000 $ 240,OO0 $ 250,000 $ 260,000 $ 270,OO0
1 S 127,090 $ 102,910! $ 112,910 $ 122,910 S 132,910 $ 142,910
2 S 148,756 $ 81,244 $ 91,244 $ 101,244 $ 111,244 $ 121,244
2 3 $ 170,421 S 59,579 $ 69,579 S 79,579 S 89,579 $ 99,579
4 $ 192,087 S 37,913 S 47,913 $ 57,913 $ 67,913 $ 77,913
3 5 $ 209,292 S 20,708 S 30,708 $ 40,708 $ 50,708 $ 60,708
6 S 226~709 $ 3,291 $ 13,291 $ 23,291 $ 33,291 $ 43,291
4 7 $ 244,126 N/A N/A S 5,874 $ 15,874 S 25,874
8 $ 261,331 N/A N/A N/A N/A $ 8,669
A family of three would purchase a two-bedroom unit for the market rate value of $250,000.
The household would qualify for the maximum allowable purchase price of $170,421 and the
Developer/Builder would provide a Silent Second Loan for the difference of $79,579, which is
approximately 32% of the market rate value.
Assuming a sales price of $350,000, at the time the owner sells the property, they would make
full payment to the City on the principal of the Second Loan ($79,579) plus an additional 32% of
the remaining equity. Based upon the example given, the total amount owed to the City upon
resale would be $118,114.
SECOND LOAN Et E(~UITY SHARE
Current Sales Price (s years later) $ 350,000
1st Loan $ (150,000)
2nd Loan $ (79,579)
Remaining Equity $ 120,421
Times Housin~ Index 32.0%
Equity Share (City) $ 38,534.72
TOTAL OWED CITY (2nd Loan & Equity Strafe) $ 118,114
EQUITY TO HOMEOWNER (Remaining Equity minus Total Owed to City) $ 81,886
OPTION 2-EXAMPLE
Years of Occupancy City Equity Share Homeowner Equity Share
1-5 80% 20%
6-10 60% 40%
11 - 15 50% 50%
16-20 40% 60%
21-25 30% 70%
26-30 20% 80%
31-35 10% 90%
36-45 5% 95%
A family of three purchases a two-bedroom unit for the maximum allowable purchase price of
$170,421. Five years later, the owner sells the property for $350,000. At such time, the owner
would pay the City its share of the equity in the home. Based upon five years of occupancy the
City would receive 80% of the equity while the homeowner received the remaining 20%.
Assuming that the owner contributed $5,112 in downpayment at initial purchase, payoff for the
existing 1 '~ mortgage is $150,000 and closing costs for the sale of the home equals $8,750 the
remaining equity would be $186,138. The City's portion of the equity would therefore equal
$148,910, and the homeowner's equity share would equal $37,227 plus $13,862 from the
original downpayment investment and closing costs.
RECAPTURE OF E(~UITY
Current Sates Price $ 350,000
Minus Homeowner's Costs S 163,867
RemaininB Equity $ 186,138
Times % of City Share 80%
CITY EI~UITY SNARE $ 148,910
HOMEOWNER EQUITY SNARE $ 37,228
"Equity" is defined as the dollar amount that constitutes the difference between the sales price of
the Property and the sum of the following amounts:
1. Principal on the First Note and the Deed Trust; and
2. All costs of sales, including cost of brokers' commissions, escrow fees, title costs and
fees, recording cost, etc.; and
3. Current year taxes, including all real estate taxes calculated to the date of sale; and
4. Borrower's down payment not including the loan from the City to Borrower; and
5. All principal paid down on the First Note and Deed of Trust.
OPTION 3
OPTION 3-EXAMPLE:
A family of three purchases a two-bedroom unit for the initial maximum allowable affordable
purchase price of $170,421. Five years later, the owner sells the property at the restricted affordable
sales price of $231,513. The maximum annual income for the household purchasing the unit would
be restricted at $74,003 (assumes a 10% increase/year).
Based upon the sales price restriction and the maximum qualifying income for the buyer, the equity to
the homeowner upon sale would be $61,092.
ASSUMPTIONS (Five Years Later}:
~.~ Downpayment 3%
~ Interest Rate
Term of Loan 30 years
Taxes & Insurance 1.5% of Sales Price
HOA Fees $282/month (assumes a 10% increase/year)
Closing Costs & Fees 2.5% of Loan
Allowable Housing Costs (PITI & HOA) 36% of monthly income
AAaximum Purchase Price by Household Size (80% of A~I)
Monthly
Bedrooms I Size ncome Housing HOA, Available I Max
ncome Cost ~ 36% Insurance for P~tl ~ Loan Payment I Purchase
Price
2 I 31 74'0031 6,1671 2,2201 5711 1,6491 224,5671 6,9451 231,51~
RESALE RESTRICTION
Restricted Sales Price $ 231,513
Minus Initial Purchase Price $ 170,421
HOMEOWNER EQUITY SHARE $ 61,092
J:\COMMDI~V~STAFF.REP\IO-O7-O3\AffordclbJe For Sale Policy Attachments.doc
-" = --. ~ ~ o -' . o o~.~o,~oo -.
...............
<moo. o
~ ~D 33
-.~ ~ -
" ~'D~ o~= o
= = o ~ = -
· ; ~.~ a ~<.~ ~ = o z
~oo
0
m
z
COUNCIL RESOLUTION NO. 2003 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DIRECTING STAFF TO PREPARE A CITY COUNCIL
POLICY FOR THE DEVELOPMENT OF AFFORDABLE FOR-SALE
HOUSING FOR LOW-INCOME BUYERS INCLUDING: (1)
ESTABLISHMENT OF DEVELOPMENT OPTIONS; (2)
ESTABLISHMENT OF PROGRAM REQUIREMENTS; AND (3)
ESTABLISHMENT OF A PRIORITIZATION SYSTEM FOR THE
SELECTION OF BUYERS
WHEREAS, The Housing Element of the City's General Plan establishes goals and
policies for the City to address a number of important housing related issues; and
WHEREAS, The primary goal is to ensure that decent, safe housing is available at an
affordable cost; and
WHEREAS, Goal 3 is to "ensure that an adequate and diverse housing supply is available
to meet the city's existing and future needs"; and
WHEREAS, Goal 4 is to "increase home ownership opportunities for low and moderate-
income households"
; and
WHEREAS, the City's first Affordable Housing Working Group ("Working Group") was
convened in August 2003, consisting of representatives from a broad cross section of industries
related to housing; and
WHEREAS, the Working Group is an ad-hoc group that is anticipated to meet on an as-
needed basis to evaluate and provide input regarding existing and proposed housing policies,
programs and processes to effectively meet the needs of City of Chula Vista residents and the
community; and
WHEREAS, the first topic discussed by the Working Group was the development
methods available for affordable for-sale housing projects. The Working Group discussed and
recommended approval of two development options for future affordable for sale housing
developments, common program and underwriting features and the establishment of a
prioritization system for future buyers; and
WHEREAS, The Housing Advisory Commission recommended that the City Council
direct staff to prepare a City Council policy at their regularly scheduled meeting on September
24, 2003.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby direct staff to prepare a City Council policy for the development of affordable for-
sale housing for Iow-income buyers, including the establishment of development options,
program requirements and a prioritization system for the selection of low-income buyers.
Presented by Approved as to form by
Laurie Madigan Ann Mo&e '
Director of Community Development City Attorney
J:\COMMDEV~RESOS~At'Ibrdable Fo~ Sale Policy doc
REI3EIVED
H and u P2: o
October 14, 2003
Mayor Steve Padimla and CiW Councim Members
City of Chuma vista
276 Fou~h Avenue
Chula Vista, CA 91910
Dear Mayor Padimma and Councim Members,
Re: Oouncim Agenda for October, 14, 2003
Action mtem 9; Consideration of mmpmementation of a Council Pomicy for Affordable
Housing - Testimony in Supped of Staff Recommendations
Since I am unabme to attend this evening's Councim Meeting in person pmease accept this
mottor in supped of the Staff's recommendations and my suggestion that you authorize Staff or a
suitable consumtant to expmore fudher the feasibility of an idea that came to me during one of the
workshops, which I have summarized bomow:
I bomievo that the City of Ohuma Vista, because of tho large size of its existing Incmusionaw
Housing Program has a unique oppo~unity to leverage the growing annual revenues arising
from the pro~ram by forming a true public / private padnorship with tho community's developers,
who wimm be making the program possible, and the homeowners benefiting from the For-Same
Affordable Pomicy, which wimm umtimatomy bo adopted as a rosumt of tho Working Group's
recommendations. Tho cornerstone of my expanded pman is for the City to meverage the revenue
arising from the adopted For-Same Pomicy through securitizing tho annuam income stream and
thereby generate an early poem of capital to expand tho benefits of the program. Tho following
steps woumd bo necessaw:
1 .a. Consumtant / Staff to project and quantify actuariammy tho annuam revenues arising
from Staff Repo~ Options 1 or 2. Personamly m prefer Option 1 - "Market Rate
Pricing & Equity Sharo"J Option 2 -"Recapture Bostriction" is acceptabmo but I
don't like Option 8 - "Rosame Restriction" and it does'nt hemp on this proposal.
1 .b. Evamuate with the assistance of City's Finance Director and external Financial
Advisors if the msumting projoction indicates foasibiliW for a bas~lino aeeoptabmo
pman.
2. City to obtain unde~riting criteria to fmoat a Taxable or Tax Exempt Financing
Bond (Revenue Anticipation?) secured against the income stream from 30 years
(Build-out of the City.), ~uarantood by City assets or against tho Generam Fund.
3. City unde~rites and issues the Bond.
Highland Partnership, lnc
285 Bay Boulevard
Chula Vzsta CA 91910
6194982900
G:lHi~hlandlG V Agordable HousinglOouncR Letter 03 1 O 14. doc ~Jx 4982970
Council Agenda for October, 14,2003
Action Item 9; Consideration of Implementation of a Council Policy for Affordable Housing -
Testimony in Support of Staff Recommendations
4. Use Bond proceeds to subsidize affordable new housing, and potentially also the
refurbishment or redevelopment of housing throughout the City, including on the
West side.
If this kind of program proves feasible, it provides a number of advantages beyond those
identified in the Staff Report:
1. Significant pool of funds in lump sum, as opposed to trickling in as silent seconds
or sharing agreements to benefit City come due.
2. Early and large lump sum of funds available immediately upon sale of the Bond
from proceeds.
3. Investment in new, affordable housing throughout the City - not just on the East
side.
4. Potential to use funds for Redevelopment / Rehab of housing on the West
side.
5. Avoidance of ghetto-effect where all subsidized housing is in one
geographic location.
6. Benefit and motivation for the City's residential Developers who will experience
less future pressure to bear the brunt of providing additional affordable housing.
7. Recognition for the City's continuing leadership on important issues and
proactive effort to partner with the Development Community, by contributing its
bonding power to leverage a unique program, which should earn kudos and
recognition for the City, through it's extra efforts to create a balanced community,
all the way from the State to the Federal Government.
I hope that you will consider exploring my idea further as Staff and the workgroup refine
a policy worthy of your adoption. I would be pleased to assist in any way that would be
productive.
Thank you also for the opportunity of participating in this worthwhile effort. It was an
inspiring experience and I would like to commend Staff, particularly Diem Do for doing such a
great job of facilitating the meetings and distilling the pearls of wisdom which emanated from
such a diverse group.
I look forward to answering your questions and would consider it a privilege to assist with
the next stage of this worthwhile effort to expand Chula Vista's affordable housing stock.
Ian M. Gill
Cë;-lO-03 rc" 06:01 PM
CHULA VISTA ELEM SD
FAX: 6194275670
PAGE 2
_~~ :z.;,p rn-..-cd-< v
CHULA VISTA ELEMENTARY SCHOOL DISTRICT
84 EAST "J" STREET· CHULA VISTA, CALIFORNIA 91910 . 619425-9600
EACH CHILD IS AN INDIVIDUAL OF GJl.EA T WOJ{'f1I
BOARD OF EDUCA"ON
CHERYL S. CO>:, Ed,D.
l.ARRY CUNNINGK^M
rA.TRICK A... JUDD
HERTHA}. LOPEZ
PAMELA 8. SMITH
SUPERINTENDEtoIT
LDW'Etl J. BILLINGS, E~.D.
October 10, 2003
Mr. Alex Alagha
Deputy Director of Engineering
City of Chula Vista
Engineering Department
Traffic Engineering Section
276 Fourth Avenue
Chula vista, CA 91910
Dear Mr. Alagha:
Per our recent conversation and my previous work with Mr. Samir Nuhaily of
your department, please be informed that Chula Vista Elementary School
District has taken the following action at Chula Vista Learning Community
Charter School in response to a request to modify the traffic patterns at the
school.
1. We have locked the pedestrian access gate at the southeast corner of
the school property. This gate will remain closed in an effort to move
school drop off and pick up traffic onto the school property through" the
Broadway and K Street access points.
2. At the request of the fire department, Mr. Nuhally, Mr. Majed AI-Ghafry,
Dr. Jorge Ramirez, the director of the charter school, and I designed a
new traffic pattern for the school that avoids standing traffic in the S-
curve of the school's Broadway driveway.
3. We designated a second pick-up and drop-off area on the paved
playground west of the classrooms during the before and after school
hours. Children are assigned to one of the pick-up and drop-off areas
alphabetically to split the traffic into two balanced groups.
As planned by city staff, a crosswalk will be clearly marked on K Street and
flashing lights will indicate the presence of school children before and after
school. School zone signs will be added on Broadway.
As reported by Dr. Ramirez, all school-related parking on Sierra Street has
been eliminated and the neighbors are enjoying their former level of peace
Dë,-](HI3 FRj 06: 112 PM
CHULA VISTA ELEM SD
FAX:6194275670
rAGE ~
and tranquility. Traffic congestion on and around the school site has been
relieved with the new traffic plan.
I want to take this opportunity to commend both Mr. Nuhaily and Mr. AI-
Ghafry for a job well done. They have assisted us very capably with traffic
issues not only at Chula Vista Learning Community Charter but also at
other schools throughout the city. Their support and solutions have helped
us become better neighbors to many city residents.
If I can be of further help, please don't hesitate to call me.
Sincerely,
?Jµ¡v- $Air--
Susan Fahle
Assistant Superintendent for
Business Services & Support
SF:eb
Cc; Cabinet
Jorge Ramirez
Samir Nuhaily
Majed AI-Ghafry
RECEIVED
11-1 Highland
'Q3 ŒT 14 P2 :30
cm'~UL.¡IJ,4S¡..."
1M'" It'£IWSOFFICf.
October 14, 2003
Mayor Steve Padilla and City Council Members
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Padilla and Council Members,
Re: Council Agenda for October, 14, 2003
Action Item 9; Consideration of Implementation of a Council Polley for Affordable
Housing - Testimony in Support of Staff Recommendations
Since I am unable to attend this evening's Council Meeting in person please accept this
letter in support of the Staff's recommendations and my suggestion that you authorize Staff or a
suitable consultant to explore further the feasibility of an idea that came to me during one of the
workshops, which I have summarized below:
I believe that the City of Chula Vista, because of the large size of its existing Inclusionary
Housing Program has a unique opportunity to leverage the growing annual revenues arising
from the program by forming a true public / private partnership with the community's developers,
who will be making the program possible, and the homeowners benefiting from the For-Sale
Affordable Policy, which will ultimately be adopted as a result of the Working Group's
recommendations. The cornerstone of my expanded plan is for the City to leverage the revenue
arising from the adopted For-Sale Policy through securitizing the annual income stream and
thereby generate an early pool of capital to expand the benefits of the program. The following
steps would be necessary:
1.a~ Consultant / Staff to project and quantify actuarially the annual revenues arising
from Staff Report Options 1 or 2. Personally I prefer Option 1 - "Market Rate
Pricing & Equity Share"' Option 2 - "Recapture Restriction" is acceptable but I
don't like Option 3 - "Resale Restriction" and it does'nt help on this proposal.
1.b. Evaluate with the assistance of City's Finance Director and external Financial
Advisors if the resulting projection indicates feasibility for a baseline acceptable
plan.
2. City to obtain underwriting criteria to float a Taxable or Tax Exempt Financing
Bond (Revenue Anticipation?) secured against the income stream from 30 years
(Build-out of the City.), guaranteed by City assets or against the General Fund.
3. City underwrites and issues the Bond.
G:IHighland\CV Affordable HousinglCouncil Letter 031014.doc
HighlandParrncT5hip,Inc.
285 Bay Boulevard
Chula Vista, CA 91910
619.498.2900
FAX 498.2970
Council Agenda for October, 14, 2003
Action Item 9; Consideration of Implementation of a Council Policy for Affordable Housing -
Testimony in Support of Staff Recommendations
4. Use Bond proceeds to subsidize affordable new housing, and potentially also the
refurbishment or redevelopment of housing throughout the City, including on the
West side.
If this kind of program proves feasible, it provides a number of advantages beyond those
identified in the Staff Report:
1. Significant pool of funds in lump sum, as opposed to trickling in as silent seconds
or sharing agreements to benefit City come due.
2. Early and large lump sum of funds available immediately upon sale of the Bond
from proceeds.
3. Investment in new, affordable housing throughout the City - not just on the East
side.
4. Potential to use funds for Redevelopment / Rehab of housing on the West
side.
5. Avoidance of ghetto-effect where all subsidized housing is in one
geographic location.
6. Benefit and motivation for the City's residential Developers who will experience
less future pressure to bear the brunt of providing additional affordable housing.
7. Recognition for the City's continuing leadership on important issues and
proactive effort to partner with the Development Community, by contributing its
bonding power to leverage a unique program, which should earn kudos and
recognition for the City, through it's extra efforts to create a balanced community,
all the way from the State to the Federal Government.
I hope that you will consider exploring my idea further as Staff and the workgroup refine
a policy worthy of your adoption. I would be pleased to assist in any way that would be
productive.
Thank you also for the opportunity of participating in this worthwhile effort. It was an
inspiring experience and I would like to commend Staff, particularly Diem Do for doing such a
great job of facilitating the meetings and distilling the pearls of wisdom which emanated from
such a diverse group.
I look forward to answering your questions and would consider it a privilege to assist with
the next stage of this worthwhile effort to expand Chula Vista's affordable housing stock.
Ian M. Gill
Memo
To: Lorraine Bennett, Deputy City Clerk
From: Anne k Hu~on, Constituent Services
Date: 10/9/2003
Re: Appointment to Civil Sen, ice Commission
Mayor Stephen C. Padilb would like to reappoint Mr. William Veal to the Civil Service
Commission to serve a second, four-year term.
Please place this on the City Council agenda of October 14, 2003 for ratification. If you have any
questions, please contact me at x5812. Thank you for your assistance.
Anne L Harrison
Constituent Services Manager