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HomeMy WebLinkAboutAgenda Packet 1998/02/10 ". declare under penalty of perjury that ( arll employod by the City of Chula Vista In the Office of the City Cleri\ and that I posted this Agenda/Notice on the Bulletin Board at Tuesday, February 10, 1998 the Publi~ JjJ;es Building a "¡II 011 Council Chambers 6:00 p.m. DATED.  ~ SIGNED ' ,.pubLic Services Building / R ISED Re ular Meetin" of the Cit of Chula Vista CALL TO ORDER 1. ROLL CALL: Councilmembers Moot _' Padilla _, Rindone _, Salas _' and Mayor Horton _" 2, PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE 3, APPROVAL OF MINUTES: January 13, 1998, 4. SPECIAL ORDERS OF THE DAY: a. Oath of Office: Commission on Aging - Susan Carrillo; Cultural Arts Commission - Al Gore; and Otay Valley Road Project Area COlrunittee - Raul Tellez. b. Report on Super Bowl High School Football Game by Rod Davis, Executive Director, Chula Vista Chamber of Commerce. / c. Presentation of San Diego Business Journal's Who's Who awards to Mayor Horton and Sweetwater Union High School District by Ted Owen, President and Publisher of the San Diego Business Journal. Continued from the meeting of 1/13/98. d. Presentation of the Connect-ory hy th~ East County Economic Developm~nt Council. Continued from the meeting of 1/13/98. e. The 26th Annual Robert B. Bottennan Humanitariao of the Year Award will be preseoted by Mayor Horton. CONSENT CALENDAR (Itellls 5 through 13) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussioll unless a Councilmember, a member of the public, or City staff requests that the item be pulled for discussion, If you wish to speak 011 olle of these items, please fill out a "Request to Speak Font!" available ill the lobby alld submit it to the City Clerk prior to the meeting, Items pulled from the COllsellt Calelldar will be discussed after Board alld Commissioll Recommelldatiolls alld Actioll Items, Items pulled by the public will be the first itellls of busilless. 5. WRITTEN COMMUNICATIONS: a, Letter from the City Attorney statiug that to the best of his knowledge from observance of actions taken in Closed Sessiou on 1/20/98, that there were no reportable actious which are required under the Brown Act to he reported. It is recommended Lhat the letter be received and tiled, -.. ...._._~,. --.- Agenda -2- February 10, 1998 b. Letter from Dianna Maria Kryjewski, Otay Sidewalk Petition Coordinator, with petition of over 500 signatures from concerned citizens in the district, requesting a sidewalk and pathway be created in the area surrounding and adjoining Otay Elementary School. It is recommended that the item be discussed at the joint City Council, Chula Vista School District meeting on 2/18198, c, Letter from Juande Ragsdale-Blevins, Events DirectorlFouuder, San Diego Black Film Festival, requesting extra security for their black-tie Gala on February 27, 1998. It is recommended that staff work with Ms. Blevins to seek alternative ways to provide extra security without incurring staff costs, e.g. Senior Volunteer Patrol, Explorer Scouts, etc. d, Letter frnm Robert Eugene Clement, President, Chula Vista Art Guild, expressing an interest in leasing Rohr Manor. It is recommended that this request be referred to staff for review. 6, ORDINANCE 2718 AMENDING, ADDING AND REPEALING VARIOUS CHAPTERS OF THE MUNICIPAL CODE RELATING TO IMPROVING CITY-WIDE CODE ENFORCEMENT EFFECTIVENESS (second readin~ and adoDtion) In response to Council referrals regarding the need for more effective code enforcement, staff is recommending the Municipal Code be revised. The proposed revisions are intended to expand the number of enforcement methods available to City departments responsible for enforcing the Municipal Code, and to create a standardized appeal procedure utilizing a hearing examiner in lieu of hearings before Council. Numerous existing sections of the Municipal Code are proposed for moditication to reference these new enforcement methods and appeal procedures. Staff recommends Council place the ordinance on second reading and adoption. (Director of Building and Housing) 7, ORDINANCE 2719 AMENDING SECTION II, RESIDENTIAL DISTRICTS, AND LAND USE DISTRICTS MAP OF THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS (second readin~ and adoDtion) - The EastLake Company has requested the following amendments to the EastLake Greens Sectional Planning Area (SPA) plan and EastLake II Planned Community District Regulations: (1) Change EastLake Greens Parcel R-lO Land Use District designation from RRP-8, Residential Planned Concept, to RC-I0, Residential Condominium (no increase in the permitted number of dwelling units and density is proposed as part of this request); and (2) Establish a Guest House Land Use District Overlay (GH) and corresponding development standards (to allow Guest Houses as a pennitted accessory use) for lots 01, 36-40, Tract 88- 03 located within the EastLtke Greens Parcel R-2. Staff reconunends Council place the ordinance on second reading and adoption. (Director of Planning) 8, RESOLUTION 18881 REJECTING BIDS FOR THE "DELINEATOR REMOV AL PROGRAM - PHASE III AT FOURTH AVENUE AND "E" STREET AND ALONG OTAY LAKES ROAD NEAR BONITA VISTA HIGH SCHOOL IN THE CITY" (TF239) - Funding for this project was budgeted during the tiscal year 1997/98 Capital Improvement Program budget process. The project is part of a program that was set up for the replacement of temporary traffic control delineators that have been placed throughout the City. The delineators are aesthetically unappealing and must be replaced on a regular basis as they are run over by motorists. The raised medians would provide a more permanent and attractive barrier that is virtually maintenance free. Staff recommends approval of the resolution. (Director of PubLic Works) Agenda -3- February 10, 1998 9. RESOLUTION 18882 ACCEPTING BIDS AND AWARDING CONTRACT TO SIGNAL MAINTENANCE, INCORPORATED, FOR THE INSTALLATION OF TRAFFIC SIGNAL EMERGENCY VEHICLE PRE-EMPTION (EVPE) SYSTEM ALONG "H" STREET CORRIDOR IN THE CITY - The EVPE system employs optical communication to identify the presence of designated priority vehicles (i.e. firetrucks and ambulances) and causes the traffic signal controller to advance to and/or hold a desired traffic signal display selected from phases normally available. The work to be done includes the installation of EVPE detectors, modules and other miscellaneous signal equipment necessary to make the system operational. Staff recommends approval of the resolution. (Director of Public Works) 10, RESOLUTION 18883 APPROVING FIRST AMENDMENT TO THE CONTRACTUAL AGREEMENT WITH JEFF KATZ ARCHITECTURE FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE DESIGN AND RELOCATION CONSTRUCTION OF CHULA VISTA FIRE STATION NUMBER 4 AND THE DESIGN OF THE FIRE TRAINING CLASSROOM, AND APPROPRIATING FUNDS THEREFOR - Council- approved Capital Improvement Program Project Number PS-120 provides for the relocation and constmction of Fire Station Number 4 from its current location to the Fire Training Tower site in the Rancho del Rey development. Jeff Katz Architecture has been hired to provide the architectural services for the fire station. A Fire Training Classroom has been proposed for tïscal year 1998/99 to complement the existing Training Tower. With the initial design of the fire station in progress, it has become evident that coordination can be enhanced and funds saved if the Fire Station architect completes the design work on the classroom at the same time. Staff recommends approval of the resolution. (Fire Chiet) 4/5th's vnte required, II. RESOLUTION 18884 MAINTAINING THE EXISTING CITY INVESTMENT POLICY AND GUIDELINES - The City has an existing Investment Policy and Guidelines to insure the pmdent management of idle cash. State law requires that the Investment Policy and Guidelines be adopted by resolution on an annual basis after being reviewed to ensure consistency with the overal] objectives of preservation of principal, liquidity and yield, and its relevance to current law and financial and economic trends. Staff recommends approval of the resolution. (Director of Finance) 12, RESOLUTION 18885 APPROVING AN AFFORDABLE HOUSING AGREEMENT WITH THE MCMILLIN COMPANY RELATED TO MCMILLIN OT A Y RANCH SPA ONE PLAN AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT - The City's Affordable Housing Policy requires that residential development with 50 or more dwelling units provide a minimum of 10 % of the total units for low and moderate income households. Based on the total of 1,877 residential housing units which are currently allowed to be constmcted within McMillin Otay Ranch SPA One, a total of 188 low and moderate income housing units are required to be provided within the project, of which 94 will be provided for low income and 94 for moderate income households. In order to comply with this requirement the applicant, the McMillin Company, and staff have prepared an Affordable Housing Agreement. Staff recOlmnends approval of the resolution, (Direclor of Community Development) -.--.-...-----.'" --.----.- .. --.-----.... -- -~._-_._._-_...-..._---- Agenda -4- Febmary 10, 1998 13, RESOLUTION 18886 APPROVING AN AGREEMENT WITH BOB HOFFMAN VIDEO PRODUCTIONS FOR VIDEOT APING THE CITY COUNCIL MEETINGS FOR TELEVISING - The City entered into its lïrst contract for videotaping all Council meetings in 1988 after a six-month trial period proved successful. With the term of the current contract expiring, staff conducted a formal Request for Proposal process for video production of Council meetings for televising. Staff has completed that process and negotiated the proposed agreement for an initial five-year term with an option to extend the agreement for two additional two- year tenns. Staff recommends approval of the resolution. (Public Information Coordinator) * * III END OF CONSENT CALENDAR III III III ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenda for public discussion, (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda,) If you wish to address the Council on such a subject, please complete the "Request to Speak Under Oral Communications Fonn" available in the lobby and submit it to the City Clerk prior to the meeting, Those who wish to speak, please give your name and address for record purposes and follow up action, PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law, If you wish to speak to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting, 14. PUBLIC HEARING GPA-97-05/PCZ-97-03 - (I) AMEND THE GENERAL PLAN FOR THE PROPERTY LOCATED AT 675 OXFORD STREET TO CHANGE THE DESIGNATION FROM OPEN SPACE/RESEARCH AND LIMITED MANUFACTURING TO PROFESSIONAL AND ADMINISTRATIVE COMMERCIAL; AND (2) REZONE THE PROPERTY FROM R-I (RES. SINGLE FAMIL Y) AND IL-P (INDUSTRIAL LIMITED - PRECISE PLAN OVERLA Y) TO COop (OFFICE COMMERCIAL) - PRECISE PLAN) PALOMAR STATION, LLC - The applicant, Palomar Station, LLC, is requesting an amendment to the General Plan and rezoning of property located at 675 Oxford Street from residential and limited industrial to oft-ice commercial in order to develop the property as oftïce space or, with approval of a conditional use permit, multi-family residential. The applicant has indicated that they have tried unsuccessfully to market the property as industrial land. Staff recommends the public hearing be continued tn the meeting of 2/17/98. (Director of Planning) Agenda -5- February 10, 1998 15. PUBLIC HEARING PCS-98-02 - CONSIDERATION OF A TENTATIVE SUBDIVISION MAP KNOWN AS EASTLAKE GREENS UNIT 16, TRACT 98-02, INVOL VING 60 SINGLE FAMILY AND 3 OPEN SPACE LOTS ON 10.89 ACRES LOCATED ON THE NORTH SIDE OF SOUTH GREENS VIEW DRIVE BETWEEN SIL VERADO DRIVE AND HUNTE PARKWAY - The applicant has submitted a tentative subdivision map known as EastLake South Greens Unit 16, Tract 98-02, in order to subdivide 10.89 acres into 60 single family and 3 open space lots. The project site is located on the north side of South Greensview Drive, between Hunte Parkway and Silverado Drive. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 18887 APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE SOUTH GREENS UNIT 16, TRACT 98-02 16, PUBLIC HEARING PCS-98-03 - CONSIDERATION OF A TENT A TIVE SUBDIVISION MAP KNOWN AS SOUTH GREENSVIEW UNIT 10, TRACT 98-03, INVOLVING 231 SINGLE FAMILY AND 5 OPEN SPACE LOTS ON 34.28 ACRES LOCATED ON THE SOUTH SIDE OF SOUTH GREENSVIEW DRIVE WEST OF HUNTE PARKWAY - Tbe applicant bas submitted a tentative subdivision map known as EastLak~ South Greens Unit 10, Tract 98-03, in order to subdivide 34.28 acres into two separate neighborhoods containing a total of 231 single family lots and 5 open space lots. Staff recommends approval of the resolution. (Director of Planning) RESOLUTION 18888 APPROVING AND IMPOSING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE SOUTH GREENS, TRACT 98-03 17, PUBLIC HEARING ISSUANCE OF TAX EXEMPT OBLIGATIONS WITH RESPECT TO PROPOSED MULTI-FAMILY HOUSING PROJECT LOCATED ON APPROXIMATELY 16 ACRES AT EAST PALOMAR STREET AND LA MEDIA ROAD IN CHULA VISTA - Gateway Town Center, LP, is requesting that the City consider its intent to issue a $45,000,000 tax exempt multi-family revenue bond to assist in the financing of a 450 unit multi-family residential development within the McMillin Otay Ranch SPA One. At this time, Council is asked to hold a public hearing on the question whether the City should issue tax. exempt bonds for the financing of the proposed project and to adopt a resolution expressing the City's preliminary intention to issue bonds. The requested action does not commit the City to issue the bonds at this time. The issuance of said bonds is in the public interest due to the reservation of 20 % of the project units as affordable housing for low income households. Staff recommt':nds approval of the resolution. (Director of Community Development) RESOLUTION 18889 REGARDING THE CITY'S INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS WITH RESPECT TO PROPOSED MULTI-FAMILY HOUSING PROJECT LOCATED ON APPROXIMATELY 16 ACRES AT EAST PALOMAR STREET AND LA MEDIA ROAD IN CHULA VISTA Agenda -6- February 10, 1998 18, PUBLIC HEARING FORMA nON OF ASSESSMENT DISTRICT 97-2 (OTAY RANCH VILLAGE ONE) - On 6/17/97, Council adopted the proposed Resolution of Intention, adopted the boundary map and approved the form of the Acquisition/Financing agreement for Assessment District Number 97-2. On 12/16/97, Cnuncil approved the Preliminary Engineer's Report and set a public hearing for 2/3/98. Said Council meeting was cancelled and the public hearing was continued to the meeting of 2/10/98. The Amended Acquisition/Financing Agreement would include a lower construction cost estimate, would add the construction of a right turn lane at Telegraph Canyon Road to the list of improvements digible for Assessment District 97-2 tinancing, and provide that the acquisition price for certain improvements would be reduced by an amount equal to the genera] benefit and/or special benefits to publicly owned property for such improvements. Staff recommends approval of the resolutions, (Director of Public Works) A, RESOLUTION 18890 APPROVING THE FORM OF THE AMENDED ACQUISITION/FINANCING AGREEMENT FOR ASSESSMENT DISTRICT NUMBER 97-2 (OTAY RANCH, VILLAGE ONE) B, RESOLUTION 18891 APPROVING THE FORM OF CONTRACTS FOR OWNERSHIP OF UTILITY IMPROVEMENTS IN ASSESSMENT DISTRICT NUMBER 97-2 (OTAY RANCH, VILLAGE ONE) C. RESOLUTION 18892 ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ASSESSMENT ENGINEER'S REPORT IN ASSESSMENT DISTRICT NUMBER 97-2 (OTAY RANCH, VILLAGE ONE) D. RESOLUTION 18893 DECLARING THE RESULTS OF THE BALLOT TABULATION, CONFIRMING THE ASSESSMENTS. ORDERING THE ACQUISITION OF IMPROVEMENTS, TOGETHER WITH APPURTENANCES, AND APPROVING THE ASSESSMENT ENGINEER'S REPORT IN ASSESSMENT DISTRICT NUMBER 97-2 (OTAY RANCH, VILLAGE ONE) BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have beenfonvarded to them for consifleration by one of the City's Boards, Commissions, and/or Committees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public, The items will be considered indivillually by the Council and staff recommendations may in certain cases be presented in the alternative, Those who wish to speak, please fill out a "Request to Speak" fom¡ available in the lobby and submit it to the City Clerk prior to the meeting, --..- -- --~._--..-.,-.-.-----_._~-_. Agenda -7- February 10, 1998 19. ORDINANCE 2720 ADDING A CHAPTER TO THE MUNICIPAL CODE RELATING TO REGULATING THE DISTRIBUTION OF GASOLINE AND THE OPERATION OF GASOLINE SERVICE STATIONS (first readin!!) - In response to Councils' concern regarding the need to protect the City's consumers from artificially high gasoline prices, the City Attorney has drafted an ordinance to add to the Municipal Code. The proposed ordinance maintains the following thœe strategies for lowering gasoline prices: (1) a prohibition and phasing out of refiner operated (i.e. "Company operated") retail services stations (commonly referred as "divorcement"); (2) a provision to allow branded motor fuel franchisees to purchase branded motor fuel from any location or through any vendor in a refiner's wholesale fuel network (commonly referred to as "open supply" regulation, similar to the 1997 Peace Bill, Senate Bill 404); and (3) prohibitions against price discrimination and overcharges by refiners. If Council adopts the proposed ordinance, it is recommended that, prior to the effective date of the ordinance, the City enter into a legally binding agreement with the County of San Diego to defend and indemnify the City from any legal challenges to the ordinance, or to share the cost of defense. Staff recommends Council place the ordinance on first reading. (City Attorney) 20. RESOLUTION 18894 AUTHORIZING THE MAYOR TO EXECUTE THE SECTION 108 APPLICATION TO HOUSING AND URBAN DEVELOPMENT (HUD) TO AUTHORIZE $1 MILLION FOR FUNDING THE A CHULA VISTA SMALL BUSINESS REVOLVING LOAN FUND PROGRAM - Council previously approved hiring a consultant to assist staff to develop a HUD Section 108 Loan Program. On 8/5/97, Council approved the Consultant's Phase I feasibility tìndings and directed staff and the consultant to proceed with preparing a Section 108 Generic Application and developing a Small Business Revolving Loan Fund Program. Staff is now recommending that Council approve submission of the Generic Application to HUD for a $1 million in Section 108 loan authorization, giving Chula V ista the option to access these funds in the future for specitïc loans to private business. Staff recommends approval of the resolution, (Director of Community Development) 20,1.A. ORDINANCE 2721 AMENDING SECTION 2.05,010 OF THE MUNICIPAL CODE TO ESTABLISH THE POSITION OF ASSISTANT CHIEF OF POLICE IN THE UNCLASSIFIED SERVICE (first readin!!) - The Police Chief has recently promoted two lieutenants to the rank of Police Captain, tìlling vacancies created by one recent retirement and the "unfreezing" of a six month vacant position. The restructuring of the Executive Management of the department (as a result of the long-term vacancy) has proven bendicial and at the same time, highlighted the need for a "Number Two" person. Staff recommends Council place the ordinance on tïrst reading and approve the resolution. (Chief of Police) B, RESOLUTION 18895 AMENDING THE FISCAL YEAR 1997/98 BUDGET TO CREATE THE POSITION OF ASSIST ANT CHIEF OF POLICE, AMENDING RESOLUTION 18829 TO PLACE THIS POSITION IN SALARY BAND E- 2, AND AMENDING RESOLUTION 17468 TO ADD THIS POSITION TO THE EXECUTIVE MANAGEMENT LIST OF CLASSIFICATIONS 4/5th's vote required, __d..______ ____..____..._ .._---~--_._------~~ Agenda -8- February 10, 1998 ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar, Agenda items pulled at the request of the public will be considered prior to those pulled by Coundlmembers. OTHER BUSINESS 21. CITY MANAGER'S REPORTfS) a. Scheduling of meetings, 22, MAYOR'S REPORT(S) 23, COUNCIL COMMENTS Council member Rindone a. Executive Management Salary Adjustment. b. Computers at Norman Park Center. ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on February 17. 1998 at 6:00 p.m. in the City Council Chamhers, and thence to a special joint meeting of the City Council/Chula Vista Elementary School District on Wednesday, February 18, 1998 at 5:30 p.m. in the Council Cont~rence Room, Administration Building. A special joint meeting of the City Council/Redevelopment Agency will be held immediately following the City Council meeting. - -- ---~---_..__...- ----...~ "I declare ~nder penalty of perjury that I am employed by the City of Chula Vista in the Tuesday, February 10, 1998 Of!ice of the City Clerk and that I posted Council Chambers 5:30 p,m. thIs Agenda/Notice on the Bulletin Board at Public Services Building the PUb'r~!.Sßuilding b'~ DATED. ~ ~¿r SIGNED . Citv of Chula Vista Citv Council CLOSED SESSION AGENDA Effeclive April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are pennilled by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City, The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of lime taken up by closed sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped, Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office, I. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 · City of Chula Vista v, Louis Fernandez, · Gillespie v. City of Chula Vista. · Granite Construction v. City of Chula Vista. · Wolfe v, City of Chula Vista, · Griffin v, City of Chula Vista. 2, Anticipated litigation pursuant to Government Code Section 54956.9 · Western States Petroleum Association. PUBLIC EMPLOYEE RELEASE - Pursuant tn Government Code Section 54957 . City Manager. PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code Sectinn 54957 . City Manager. Closed Session Agenda -2- February 10, 1998 CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 . Property: City right-of-way, Negotiating parties: City of Chula Vista (Sid Morris) and SDG&E. Under negotiations: Price and terms for interest in City right-of-way granted by Gas and Electric Franchise. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 . Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police OffIcers Association (POA) and International Association of Fire Fighters (lAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ._.,..~_...."..._~__....__ _ __.~__ m__ CV?7J1 If- x:I~ February 5, 1998 TO: The Honorable Mayor and Ci~ouncil FROM: John D. Goss, city Manager ~~ SUBJECT: City Council Meeting of February 10, 1998 This will transmit the agenda and related materials for the regular city council meeting of Tuesday, February 10, 1998. Comments regarding the Written communications are as follows: 5a. This is a letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 1/20/98, there were no actions taken which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. 5b. This is a letter from Dianna Maria Kryjewski, Otay Sidewalk Petition Coordinator, with a petition of over 500 signatures from concerned citizens in the district, requesting a sidewalk and pathway be created in the area surrounding and adjoining otay Elementary School, leading from connoley Street. The petition mentioned that the area children would then have a dry walkway to go to Otay Elementary School, Montgomery Elementary School and the South Chula vista Library. IT IS RECOMMENDED THAT THE ITEM BE DISCUSSED AT THE JOINT CITY COUNCIL, CHULA VISTA SCHOOL DISTRICT MEETING ON FEB. 18. Staff will work with the District in preparing a report for consideration at this meeting, since the sidewalk would be on or adjacant to a school and for the benefit of school access. 5c. This is a letter from Juande Ragsdale-Blevins, Events Director/Founder, San Diego Black Film Festival, requesting extra security for their black-tie Gala on February 27, 1998. In order to provide the service requested, staff costs would be $2,622, and Ms. Blevins has asked that the city waive all fees associated with full cost recovery. IT IS RECOMMENDED THAT STAFF WORK WITH MS. BLEVINS TO SEEK ALTERNATIVE WAYS TO PROVIDE EXTRA SECURITY WITHOUT INCURRING STAFF COSTS, E.G. , SENIOR VOLUNTEER PATROL, EXPLORER SCOUTS, ETC. 5d. This is a letter from Robert Eugene Clement, President, Chula vista Art Guild, expressing an interest in leasing Rohr Manor. IT IS RECOMMENDED THAT THIS REQUEST BE REFERRED TO STAFF FOR REVIEW. JDG:mab ~~~ =-~~ ~ -..: -- ,.; ~......--- .......~~~ CllY Of CHUlA VISTA OFFICE OF THE CITY A TIORNEY Date: January 21, 1998 To: The Honorable Mayor and City council From: John M. Kaheny, City Attorney~ Re: Report Regarding Actions Taken in Closed Session for the Meeting of 1/20/98 The City Council met in Closed Session on 1/20/98 to discuss USA v. City of San Diego, Wolfe v. City of of Chula Vista, Griffin v. City of Chula vista, Public Employee Appointment: City Manager and labor negotiations. The Redevelopment Agency met in Closed Session on 1/20/98 to discuss Conference with Real Property Negotiator: Price and terms for disposition-San Diego Padres Price and terms for acquisition/disposition-Pearl Development and San Diego Padres Price and terms for acquisition/disposition-port District and San Diego Padres Price and terms for acquisition/disposition-Port District and Rohr, Inc. and San Diego Padres The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK: Igk C:\lt\clossess.no Sa- -- / 276 FOURTH AVENUE· CHULA VLSTA ' CALLFORNLA 91910 . (619) 691-5037 . FAX (619) 585-5612 rt/~ PœI-c.m.n.Rtt.)døOP48' - - DIANNA MARIA KRYJEWSKI REtEriED. -------- ------ ------- 1647 Connoley Avenue Chula Vista, CA 91911 '98 .1M 20 A9 :00 619-422-0209 Fax 619 422-0606 CITY OF CHULA VISTA rG)~{ri--'--;·- CITY CLERK'S OFFICE II' i: _' JAN 2 :: January 19, 1998 .~:J RE: Request for iuclusion as agenda item for February 10th meeting Shirley Horton - Mayor of Chula Vista Chula Vista City Council As a concerned parent of two school age children (ages 8 and 6) who attend Otay Elementary School I am submitting this letter along with over 500 signatures from other concerned citizens in this district regarding the need for a sidewalk and pathway to be created in Ihe area surrounding and adjoining the school. When there are moderate to heavy rains the grassy area that separates the school from the residences is extremely water laden and prone to hold and maintain puddles, The unfortunate situation is that there is no sidewalk for the children to walk on meaning that their feet become wet, they tend to get colds and other weather related illnesses leading to a significant decrease in school attendance, The undersigned parties respectfully request that you review our petition and take action, initially by placing this request on the meeting agenda and secondly by giving the concerned parents of this region the opportunity to voice our concerns in chamber. We thank you in advance for your courtesy in this matter, If there are any questions or facts that you need please feel free to call me at (619)422-0209. Thank you, Dianna Maria Kryjewski J}~þIµk./ý' Otay Sidewalk Petition Coordinator DMK/dmk Cc ' ~ l??:: (;) WRlnEN COMMUNICATIONS '2:l1>~ Moyo<, Cooooil, CiCy Cl.<k, cicy Mooog.< ~~¡r' 5b~/ '. ,',.".;",.', . PETITION , We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue_ To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed_ This sidewaJk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop A venue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay EJemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and wouJd lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission, Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. Date I. -J--I() -97 2. ;)-IO-Y':¡ 3. 2' 4, ~l 5. 2-IZ-91 6, ~'l;;:z-7? 7. 2- - / z... 91' 8. :J /zJJJ 9. z·ri,'}? 10. .- 1- 'J~ .;:-} .-' / II. ,....--J ~~, ¿:·t ~ -[',if -. / . ~ ~- Þ-- -_-:' f : ~- 12. C' " 13. 14. ~ ~t-I. ';;.ídn 15. - - C~\ -:rt: --- .) 4- In I ß~.2 f§!: f?L:fc4 -_..,,--- - --_._--------_.-.,,----~...~ r ' , , PETITION We the undersigned petitioners respectfully request that the city ofChula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new LibraJy on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (trom the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents of ConnoJey Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop A venue to be able to take their children to the public school system and to the public libraJy even though the grounds are wet trom previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to waJk through rainy high grass their feet and legs become wet leading to coJds, flu and other illnesses. The creation of this sidewalk wouJd improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. Signature Telephone Date 1. \...< c·.-:~-'...... ~,. v'\f'("'\~ '. (" ", ; (.. ... . , J ~ --, - ) - ~1 ....... ;' / 2. 2. - 2..>- 77 3. :? - Z-(J - 'i~ 4. z..-~.~ 5. 2-20-Q7 6. 2-.?c'-Y~ 7. }-10- l 8. ;t.-.J..tJ -97 9. 1--'2b-~ ï:J- 10. ~ -µ-'i/ 11. L::::.:: ' ...- _<?ý~¡U ,1"'-: ;-;:- 20-'1, 12. . --. ~2-71') -<f1 0 13. 1:;' "17 14. G2 15. J;; ~ ;J -- - --~--~--~----- PETITION , We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue, To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop A venue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation_ Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day, When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools, When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses, The creation of this sidewalk would improve the waJking conditions to the school grounds and wouJd lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the bettennent of our community and the academic and social progress of the children of this community. We collectively thank you for your involvment in our community. , Date I. ~-I/-1? 2. ;) - I,f- -'17 3. :2 -/?s- -'} l- 4. ÒI -/:5-97 5. eJ-/7J.-C¡1 6. 1 - tr'i!7 7. ~ 8. . Qo 9. 1f11g 10. II. d iX;/ ç';L 12 <: - ~':' - '/7 13. ,~"? - ~-'--,'- ':/ 7 14. "Z.-1. c oj.,. 15. ,2 /2tJ¡ 1 . .:Jþ,- i --------- ._.,._--,_..._-------~-,_._,--_..__._- ^,., PETITION We the undersigned petitioners respectfully request that the city ofChula Vista improve the access to Otay Elementary School. Montgomery Elementary School and the new Library on Fourth Avenue, To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (fi"om the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents of Connoley Avenue. Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to waJk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city pJanning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and sociaJ progress of the children of this community. We collectively thank you for your involvrnent in our community. Signature Date ,'0 If· .' 7 1. ~~<:L'-~ I --(,{~'J. t__ cJ~-/.J-1 ~ ,l- ~~ ',.".... -1 ..? ,.... 2. ~/ ~/_(,¡'~ ,,-,"- ,~·L.·;.!.c,-,,".....¿·,,' -- -/ )- '17 ïJ . , " 1.' .. ,(./ -. ::::> , 3. j/uuu,- C¿r..)s.u__-,,--, .:.L -I.) -'1i 4 /],. {. .. -.I î "'? q, · //' r/ 1.(..'-. l c-~_ (;..j_ ,L-~ --..-/ ) -/ ! 5 --- / .. ,- / , "--<' ..., · '-;:';'-1 _ L...-..: <...Cr., //~__~.A:..-{;o:...-'/ _-/) 1 I 6 -- ,-..... ..., I _ .~ '_"'" CÀ"Î · /-r:Lf_1-/._ ¡ ~ ..t,L-· -~.-/~'-i 7 J~'-II ~"i:, " ,.....:=t-ï · -'-I......'-~-........---""~-f. _":f.:._-:--.. _-' \- 8 ,- ¡' i'.··' t . ? c¡.., to '/@i!-¥i::. ,~ {:'i~~-{ 11. " - j¿-, ;I -í'-l-'::17- 12. <fIH",.~, /,r~ D-..h-:f ~ -rl.{('-l- 13. ~~____ &~ .... - /,07 14 ' '~ ,-,- IS :c; .,;t: /4..~;;~~ 3Þ~f _____._n____._..._..______'._n ;'~'I(-"",.' I :/..~ . \:~. PETITION ; We the undersigned petitioners respectfully request that the city ofChula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day, When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools, When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. SiW1ature, 'Î Date I. !v/W,fl'¡f,." f- /)/.':; Ó1, ;2- J C¡- '11- 2. _Mtrí'fcir\ Súlrtrn I) '2 -I q-17 3, ~;'c:' ~ 4. :2 ,:, 77 5. ' . . í/ ¡.j t1 ,hHU ;J.. / 7- 6. ÒO?A ,e"',/7þ E-< ~//7/91- 7. 0_ ",'~,,',' \ <¡:. \ ~ \)~\:) \1 l ^" <' ~<r(11 , 8. IV) ..... (\ ¡;: I" "'c' Û ) /'. \11'"1 .2 /'Ÿ/9>- 9. --- Z//f/'/? 10. 2' /C¡-Cf7 I\. ,9,,(t'¡ ''71 12. ?- ¡,(·C{1 13. , ç?-/<7-.9? L.:...·¿'( 14, ,1..11-77 15. l '1 (7-77._ "-- .3þ--? --. .._-" ';'¡,:' PETITION , We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue, To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom oftlie staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the waJking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committrnent for the bettennent of our community and the academic and social progress of the chiJdren of this community. We collectively thank you for your involvment in our community. Si@atu~ Telephone Date I. -ßk &1k;,,-I ;2. -/(J-97 2. ' , ~J¡nJg¡ , 3. J.. ~I n /'1) 4. ~ ! /!I '-17 5, ~~~/ 6. 7. ;7 - /¡Y97 8. d. -/0 -ç¡ 7 9. 10, 2.. -I c> £17 II. ~ 12. ,,;2//191 13. .2/ II I'l'l 14. / ~~~~/',f- 15. _ti] 5Þ~7 .~.."----_._~--_.~-"._~--'.._--_._- PETITION ,We the undersigned petitioners respectfully request that the city ofChula Vista improve the access to Otay Elementary School. Montgomery Elementary School and the new Library on Fourth Avenue_ To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue. Connoley Circle. Tarnarindo. Suzanne. Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation_ Since Otay EIemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day, When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds. flu and other illnesses, The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus. improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hoJe where water is built up. This is a dangereous condition and merits the attention of the city planning commission, Our signatures on this document reflect our desire and our committment for the bettennent of our community and the academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. Telephone Date I. iliff ;2-/ù-97 2. d -/0 - 9'1 3. _~I O-cr 4, , -10 11 5. -IOn 6. ,)J-IO-C/] 7. .J.. -I () 17 8. ,-;¿ _/0-97 9. ~~~Z~_ .)... -Iv - '1 ") 10. _.), -/c>-7? II. A,..---.'- ..... ? -/C. - </? 12. / . G... '~, . ~-;o 9/ \L..\'~ __Ul'~-~c:..~_ 13. ¡::~) V~~L!('-~r1- ·;).-¡¿~9 7 14. .;;!./ )ù¡'i7 15. J'JCL-\_~{::'" ,-dtA.......~.{}. -.\ttlC''--7 ",-If"'! '17 5b--~ r .- . -.---~-.--_..---...~.~'---- (: ~::,,:'''''' PETITION , We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop A venue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation_ Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the bettennent of our community and Ihe academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. ~gnatµre , Date 1. ~ t /c ¿ 2.-1/-"'1 1 2. '-4 iU1U ,7-/1 ÇJ7 3. 2 -II --<'17 4. d/// .; ) 5. ::'>~tf-9/ 6. ~ -1/11 7. .s :(-J)-'i7 8. "1_11-(17 9. .~-/ J 1) 10. ,;¡. J!q7 11. -- ;; -1/ -- c¡ 7 I '1 12. c ¥-i..' 'J: "J \ "'- ~""'''-.' 'It \.,-, \.,-.......J;,:..., ..:' t - 11- 1'1 13. ~~.H.. ((~'i ~ l¿), (1[_ )-11-9f 14. Iy-,. 7lkv¿-c.--~ z..../11/C!7 15. '/17.-,4.. dhv"~/;' ç~¿[ ¿Ul ~-1/-77 v ""- , 5d-C¡ ~_.""._.._._...~_...,-.._"-_._---- PETITION , We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue, To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom oftlíe staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (~) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses, The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and Ihe academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. Telephone Date I. ;2- 1(>-«-1- 2. )'1- c¡ 3. .::J 1\)\(,1 4. .) I(! C!7 5. ' /' I 6. ~;;X~> 7, 1)..--- I~ -'17 8. -:J!fj£ 9. / 10 "I 10. )-II-'1'} II. ~ 12. '" ¡-- II 13. \ ~) /I / c; 7 ~:..L (c - 14. --ff 'lnpj' I ~ 15. 1/ 9: . I ,~ l~~ \ 56-/0 - - - "--- .-.-....---.--.-..-.-.-------- , PETITION We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery EJementary School and the new Library on Fourth Avenue, To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom ofthe staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk wili allow the residents ofConnoley Avenue, ConnoJey Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the pubJic school system and to the public library even though the grounds are wet ftom previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When incJement weather occurs these parents without transportation must walk their chiJdren through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate leveJ of student absenteeism in Ihese schools, When children are forced to waJk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the schoo! grounds and would lead to a more healthy student popuJus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condiLion and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social prob'Tess of the children of this community. We collectively thank you for your invoivment in our community. Date I. :2/<J / r; 2. I.lfÆ 3. ~;).'/íû/q7 4_ ,;)-iI-<' 5, 2.. - ¡ C - 'j-1 6, C~'<:"":~ '" ..-, -In -q) 7. i--¿ 0- t!f-7- 8, :;:¿~ I 0 -<1 ì 9, -~ - \'0 --qì 10. ~i?~ II. - ,o.'f7 12. o If? 13, -I û 17 14, ~,..., 2. _/(,1 . I 15, 'J-7oe¡7 -66 ~// ~ - - -- -~--._._-..- · '-", .' PETITION , We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet ITom previous days precipitation. Since Otay Elemenrtary School (1<-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk wouJd improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. Telephone Date I. OJ -O~-"F+ 2. M -(;9-11 3, -:J, -q 17 4. .=¿ - -¡-f') 5. z - ~-77 6. ,p.- -0/7 7. ó< - '1 -<-1/ 8. ,;L-/'-r>- 9, /1 '1-C¡1 10. d - 9 -97- II. 1 '-...A/; 2 -<-/-')7 12, '4:::0 ~./-'< ;~ -'1'- fJ- '7 13. €lf~ 1- 7 -'1? 14, J-c¡-n 15 ~-9-97 , e-5þ -/02.. .- _,_'u, .~_o,,'_,___,m'__'__~_o__'~_ _0_",__0____ PETITION . We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue_ To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools, When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the bettennent of our community and the academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. Sign~ . /1 Telephone Dat~ I. '$. / 'If/~'--- :l1'1 / 9 7 2, G ~-;o.- ~ ; ~:I~lf~~ ~l 6, ~nJt--Q/ ~,L,~ ;}..-'7-91 7. )-D>~~~ ?-5-Ç7 8. ,W d- - 1 "f 7 9. ~'<"{è èI~d~ "')- q ((7 10. /no / /(/ç~ ,), -1q 1 II. éf?¿r,''''''''''' I-(2-Lc,.,;</;)-r -"// ç.. , 12. ~> cL--J....?) >'k :;L. f- '7) 13. ::'::>";;'fÅ'~...ifI;.c;...j,n<-:2 _ 1..<;'· 'ii' 14, ~ ~-17 15. ,::..' /.Jv.Aa^,-Ct7L- : -9-7'1 SJ -~3 .. " ...~._.._,-_.._-_._---~_._--~- PETITION ,We the undersigned petitioners respectfully request that the city ofChula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue, To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed_ This sidewalk will allow the residents of Con no ley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfuJly request that the city place a fence or closure around an open hole where water is buiJt up, This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. Telephone Date I. ;).-'6-91 2, ,)-tf- 97 3. -¿- ':3 -co 4. -.;¿-;r-77 5. -2- 8-1'7 6, 2<;: 07 7. 2. -5r-lj 8. ~ - ~ J ~7 9. 'l'6-~7 10. 2- f- r II. ~)í77 12. :7 S 17 13. ;;:: -'x--:>~:;--? 14. --2-~ -9/ 15. 2 - c;, -<17 5b~/'I _._____.~_u --~-_.__._-_..._-- -,-_.._,,_.~~--"._-- PETITION We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue, To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed This sidewalk will allow the residents of Connoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day, When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfu1ly request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city pJanning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. We collectively thank you for your involvment in our community. t~~~ Date I. ;Z-7-~ì 2. J. 7- Cn 3. \ \oAf< vi R.~d". '~J J.-,._ 2-"-M1ì 4, 1~o,'º;-(fMU~ ;;L-7- '71 5. 'Q -7 9] 6. ø~~ .:¿ -;?- ý'J 7, / UO - 1J:-" b4 cv::nc¡ì 8. iP. D7(~Pl- 9. ;2- lO "7 10. - ? - 7- 97 , II. ~ (~ï77 12. 13. .~~ I ~;;~:: 2-"'7-'-/ .-' 14, ;2--;7-'17 IS. :ft., .' . ~-,. 7 -t;'-; ,,(.......{' l.-kG..~,.<-- :"<-.(.~,-( .' »- ~ç-- . .__.....m..._..__._...'"_·. ... -------~_._-_._._--,_.-- PETITION We the undersigned petitioners respectfully request that the city of ChuIa Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewa1k be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K.-3) and Montgomery Elementary SchooJ (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk wouJd improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours_ We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission, Our signatures on this document reflect our desire and our committrnent for the bettennent of our community and the academic and social progress of the chiJdren of this community. We collectively thank you for your involvment in our community. Telephone Date 1. ;7-07--" 7 2. d -è7-97 3, ):}- ñ è-¡- 9":( 4. '2--. 7- 'l7 5. .'- -7-97 6, ~-7~ ~7 7. 7. "1- 9',7 8. /~..:'7 ~ c¡ '1 9. o:l - 4- - '1+ 10, 2-7- Cfrr 11. 2-7-'77 12. :;;. -7- 17 13. ~ -)- 9>- 14. ~1- 17 15. 2-1-f7 ~J)þ - /t -~---,..- -.-"-----. --- - --------~---- PETITION We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue, To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop A venue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (~) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools, When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours, We also respectfully request that the city place a fence or closure around an open hole where water is built up_ This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. Date 1. -~_"""/'_r:-""'- ~¥J~ 2, 3, -J!!fz& 4, 5, ~ 6. 7. . 2~7~ 8. ~ -7- n 9. "1 c7' 97 10. 71.- 7-<]7 11. _..}.-?--77. 12, ~" l' J.. - '1- C¡ '7 :(,;,n /.uC'. 13. ~/-k/lè [' I. <:"/ <'1 ¿-7-?1' 14. ~~~9!j)~P¡- L 797 15, 2 ). 77- . ß~/? '·_·m·..··..__.______·_ __ _._____ __.___ PETITION We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new LibJary on Fourth Avenue. To improve access we ask that a cement sidewalk: be made that connects Connoley Avenue (ftom the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed This sidewalk: will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk: their children to both schools each day. When inclement weather occurs these parents without transportation must walk: their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would Jead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. Date 1. -P- ¿/þì 7 , 2. 3, '2,-(Ó-'7? 4, il--':;- -''ì 1 5, L -h-r"7 6. '-= 7Z ~1? 7. ;? / ? /r~ 8. ~~7-~ 9. ~'l 10. 2-1-9"7 II. ? -7--'17 12. l...... ? -7-7'7 , 13. }-'J- <j 7 14, ,;k-7--"7 7 15. z -7-f7 ,ß -/% ~._.,.,- __"__._n____ __ _.___.._____n_,'___". PETITION We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (trom the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, S...."n""" Citrus and Hilltop A venue to be able to take their children to the public school system and to the public library even though the grounds are wet trom previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School(~) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day, When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds_ We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses, The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up_ This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. We collectively thank you for your involvment in our community. Date I. ;).. - R- 0. o¡- 2, --:2 - 7 -'7'1 , 3. ;?-7-9'7 4, ~7 5, 6, ;)-7-'f7 7, -;;..-7- 'i7 8. ,;) -7-97 9. _'7 -7-7~ 10. ,j-7- 7 II. .-. C';?: c'l v<C- -7 12. ~, 13. 14, ~ -'1¿¡ IS. ~ - 7-q 51:> ---/9 - ._--~~_.__._---------_.__.- PETITION We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School., Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed This sidewalk will allow the residents of Connoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (<Ui) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather OCCW'S these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevoW'S. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. We collectively thank you for your involvment in our community. Date I. p.:t- 7- <r 7 2. ':</7 /'/7 3. ii£i 4. 5. m7 6, 7, 8, --:1-7-97 9, 7 -7-17 10. :;¡ -71:¡ II. r;Jl 12. -7{7 13. / - --; '17 14. .,/7-77 " . 15. ¿r¡¡.- '1? 5/J ~-;;¿ tJ -------- . ---......--.--.------. --~--- ---" ---.-." PETITION We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (ftom the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents of Connoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop A venue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay ElemenrtaIy School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day, When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds_ We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses, The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission, Our signatures on this document reflect our desire and our committment for the bettennent of our community and the academic and social progress of the children of this community. We collectively thank you for your involvment in our community, Date 1. 2-7-q 7 2, ,}..-7-"lí 3. ),-7-'17- 4, d- -7 -97 5. 2-7-11- 6. 0:<-7 9) 7, .'þ.. '7 ,9' 7 , 8, 2-7-91 9. ~:Z~ 10. Î, =t- II. ~Dð M· V15-JTufl..Á . 7- 12. /-I'~ U~.è., ¿ 7 13. J-j..,<!.-~ N l<r1-l~ 1- 14, ~~~¿ 15, . / ''þo~U¥ fl-;2 I - ______________ ._. - - 0- __..__....... "_.___,,. PETITION We the undersigned petitioners respectfully request that the city ofChula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects ConnoJey Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed, This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their chiJdren to both schools each day, When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the schooJ grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to waJk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses, The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance " and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is buiJt up. This is a dangereous condition and merils the attention of the city pJanning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and sociaJ progress of the children of this community. We colJectiveJy thank you for your involvment in our community, @o"?1~ Date 1. (7,-7-'1) 2. ;J-- 7- 17 3. ~ í-r 7 4. .. h q . 5, 2/>'.';~ 6, 0/-7--9,7 7. 2- - 7 -97 8. ~ "'2-7-9.7 9, ';;¿-7- q7 10, '2 '~- '17 11. ;<.- -1:> 12, ~-7-q7 13. I '}..-7-97 14. .+ "::f-q7-- 15. J-.7.Ç7 --. SÞ ~ c:2 ;;Z ------ __._.__n_ PETITION , We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed, This sidewalk will allow the residents ofConnoJey Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their chiJdren through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate leveJ of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk wouJd improve the walking conditions to the school grounds and wouJd lead to a more healthy student populus, improving both attendance and academic endevours, We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. We collectively thank you for your involvment in our community. Date I. ~_ ~...- 7;;- 2. 2- 9- 9'/ 3, ). -Cf-qì 4. ~- <J -97- 5. 2-~¡ 6. tJJÆ 7. 8. do cr 9, ~-q7 10. -~ - 'f1- II. Z.·Q·?7 12, {>-?- 9"- 77 13. :< - r.¡ -97 14. :Z-~.f7 15. c?- '1- 'q'1 56 - v2;J -_._---~_.~-._--- PETITION ; We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk: be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day, When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds, We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours, We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission, Our signatures on this document reflect our desire and our committrnent for the bettennent of our community and the academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. Telephone Date - :{/1J% I. 2, 3. ') .::¿ -7 - 1~ 4. .;:¡¡(,., fl<:) 5. 2 -Ió -9'7 6. 9}~7 7. 8. 9. 10. .2 /9 /[1 11. ~.-7' ~ 7/ 12, -, ~ 13. 14. '2- ;;?: '9 ,--r¡ 15. ,..;),-'1-'11- 36 ~c2 tj -.....-.....-......-.-------- PETITION , We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary SchooJ, Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (~) are partnership schools many children of parents in this area are forced due to other obJigations to walk their chiJdren to both schools each day, When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses, The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We aJso respectfully request that the city place a fence or closure around an open hole where water is built up, This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the bettennent of our community and the academic and social progress of the children of this community. We collectively thank you for your involvment in our community. Signature Telephone Date I. ,- - ,. - g - J } ;).-c¡-j; " 'J,! CL ( L-I.,- I ~t 1/ .......I...-)" v1 / " / .;;¡ -9 -Cjl 2, _~'1.n/ >7/< 3. /"/. .;;) ~7 -77 . / " . « 4. ,...-/- d- ~q -f7 5, .,.. -"I_cf7 6. "2~~7"7 7. z- -?"7 8, J.-'1-17 9, Z--c¡ -77 10. ~ 7_ '1 7' 1 II. ,).-"177 12. z-q-"!7 13. 2 -<, -5 7 14. 2_ 9---'7:) 15, l. -9-'17 </!:Þ ~.2S- . -- --- ~._.- _..-_....._~....,"._-~-..._,-------- PETITION , We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom oftlie staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day, When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools, When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission, Our signatures on this document reflect our desire and our committment for the bettennent of our community and the academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. Signature Date I. ~~j ç,¡ ~'i;=" '\ 2_1U-''fJ 2, ~-IL,-1"'7 3. J, I ('i ý/ I .; .' -. (("! If So 4, ;,(/; r ,~ .... ,', f.V\ þ <" Z -If.) -y 1 5. '2.10 -97- 6, 2..,ó -9') 7, ;l,- /ð - <0 8. ). n-?7 9, z..'I()-~'ì 10. I.-Io 17 11. d- -(0 - ciJ 12, 2 -1(;.<;/ 13. 4-'A a~ .;J.- /(J-97 14. "'7" - -- , ' :J - Ie' . ~? fZ:·~' :L"f~ / 15. ' . /"::/ .L/~l/ ? '/ò'J> > , fl'~? - --- - -~.__._...- " PETITION , We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their chiJdren through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses, The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community, Signature I. 2. 3. 4. 5, 6, :\, ;::¡./C¡ Ie¡ 7 7, ÿ ~; Jí;7 8. 1;'ûé; L~Lœ¿) L"Lr~~ 9, '>"'0": J1 /J Jf....,: flU. ".:2, ff\ 10. ~ ,~/ ~!, J"'('I'/CJ7 Ii. '-¿\.l~"'¿'\,¡:;-:'. í""" S' I J-jlu{cq 12. ,,!,.! I' ..:)'" . 2/0'97 13 .., . .,. "l . r 'v ~ 1 14, .:2' 1(;- '0 IS. :)-/c - ,; 7 'L r \" . »-/~ ? -~-_.------_.- -.-.---- - '--- ...._-'".,--_._._.~--- PETITION , We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom oftlîe staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (~) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools_ When children are forced to walk through rainy high grass their feet and Jegs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the bettennent of our community and the academic and social progress of the children of this community. We collectively thank you for your involvment in our community. Signature 0 Date I. ~'1'J-~. ~C¡f 2. t-o.;;' Æ;<:""'/...."'7 ~ 3.. ~it.' ~.. Pv:¡ -Ii';;} t<.. Ü/CI/9J.':¡ . , ( 4. . :;-::..-ci/~h ~ 5, ÆO¡L{VoÁ. ¿ L'7 .~. 6, p' ~? ~7 7. / .. . .~:. ,~ c- T ~ ~ 8. 1. ðr"h~/ (,.,,1 _ ~r 2...//R?Øy... 9, 2/n/f';Z 10. -;'!(O/"-7 II. .7 / I r> /9 ì (' , 12, ;: ///'19?- 13, '7 /n~'7. '7 ,. 14, ,':'; -(ú-97 15. Ò1-/ð-<j;¡ ß-e2~ - ------- ~......_._.~"-_._-,.._.,_......_~,---_._--~-,--~~~--,---~_. PETITION , We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay EJementary School, Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (fTom the bottom oftlie staircase adjoining the park) to Albany Avenue through the area in which Otay EJementary School is housed This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet fTom previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses, The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. ~gnature ) ~ Date I. ~{l,u",,- I . K...-, ~ ~"/ 0-17 ./' , 2. ,....Aá ;: I C> 'C¡ ...../ 3.;? -It! 17 /' 4. 02-¡()~97 5, ~_! -97 6. 2./;:/97 7. ;2.-lu -f,/ 8. '2-/{J-91 9. ;)-10£17 10. :/-10-" ì 11. '1.-¡()r(' 12 ." Yv;~ ' . , , />-"í""-' 11.(.'!("",¡t:' ",,-"/u-'/7 13. .jJl~l:h\~ ;z-¡:) '17 14. ¡Ie;" ~C\ <-:.. J.,,_I4J "17 15. ~O,r\r\ \,VìAeV\C'Z'_ l-Iogi- . 5þ-.2Î .._'-'.._~--_._-"~.__.__.._-'.'._-~..._... ~'-'~~--'----~'----"-"- PETITION , We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (ITom the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop A venue to be able to take their children to the public school system and to the public library even though the grounds are wet ITom previous days precipitation. Since Otay Elemenrtary School (1(-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day, When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools, When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. We collectively thank you for your involvment in our community. Signature , Telephone Date I. ti ,~~ ;"'-tl ,-' 2-fO-'17 2. .:2-/&---<97 3. ,;:,,/(..<:;] 4. ;) - /0 '<j~ 5. ,]" - I {J--if7 6. ~~' ¡:e){¡-- 7. , 8. )-Ib "7 9. ,;2-/0''17 10, \ _? -/0 - ::rl II. -i,~fl<~~\X~i~~\l cZ-1 0 -r; 12. 1- IÚ C¡l., 13. fi/t, ~/.¿ / ,-:.. (, ;I;, é_-Y1 ,_ , /-/,j_~7 14, /2:5,' ~: ~' ßb - 317 ;J.j'C¡-lo-1}- 15, j/-/" -?? I i I "_ _""_.___ ."_.~_...._._-L'.m'~__ PETITION ,We the Wldersigned petitioners respectfully request that the city ofChula Vista improve the access to Otay Elementmy School, Montgomery Elementmy School and the new Library on Fourth Avenue. To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom oftlie staircase adjoining the park) to Albany Avenue through the area in which Otay Elementmy School is housed_ This sidewalk will allow the residents of Connoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the groWlds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementmy School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school groWlds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses, The creation of this sidewalk would improve the walking conditions to the school groWlds and would Jead to a more healthy student populus, improving both attendance and academic endevours, We also respectfully request that the city place a fence or closure aroWld an open hoJe where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our comrnWlity and the academic and social progress of the children of this commWlity. We collectively thank you for your involvment in our community. Telephone Date I. ¡:;'h.I/Ý'? 2. ¡J, IICJ:¡ 3, ~-t/-77 4. 2//17 5. ?- ·11 97 6, ~ - /I -'7'+ 7. 7- ) /-97-. 8, I//'<Ý/' 9. d- -II ~ì 10, 2--/1-9] II. '7-/ H'] 12. co2-//-¡>7- 13. .2 - ( 1-7 7 14, ;:¿ -1/ " 7 15. ).. -II 1"7 3b --3/ ,..._.~,._-_._.- ._...._-~_..~_._..~--_._---------_._._._-_.- PETITION , We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue_ To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their chiJdren to both schools each day. When inclement weather occur.; these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission, Our signatures on this document reflect our desire and our committment for the bettennent of our community and the academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. Telephone I. , - -17 2. , ? 3. 4. 5. 6. 7. 8, 9. 10. II. 12. 13. 14. 15. ~~3<>Z ---~._.~--~~ . - -_.--._--_._----~----~_._~ PETITION ,We the undersigned petitioners respectfully request that the city ofChula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue, To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop A venue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation.. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area are forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open boJe where water is built up. This is a dangereous condition and merits the attention of the city planning commission, Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. We collectively thank you for your involvrnent in our community. Date I. d.-\1-9'l 2. .;L- /:J _C} 7 3. d -()-17 4. ,:I - 1;),,-'17 5, '2-/2- '77 6. 2:.1'1___ Î 7- 7. .., /ß/9!' 8. :;),.} I ).[l1ì 9. 'J.-1}"/'/ 10. ~ - /.;/" - 97 II. . -¡J. qç 12 é9-/d) -;J 13. 10 - / J.. 17 14, ~ '" I ,j .~-1.7 ·97 15. :l.. -( 2. -£1 7 ß --37 - -- --- ------ --~.- -- -- --~._, -_.__.~_.- PETITION We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue, To improve access we ask that a cement sidewalk be made that connects Connoley Avenue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents ofConnoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop Avenue to be able to take their children to the public school system and to the public library even though the gronnds are wet from previous days precipitation. Since Otay Elemenrtary School (K-3) and Montgomery Elementary School (4-6) are partnership schools many children of parents in this area arc Forced due to othcr obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children are forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours. We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the betterment of our community and the academic and social progress of the children of this community. \'ie collectively thank you For your involvment in our community. Date l. ~f(:: 2. if !~7 3, là 'b' 9(0 4. 5. e¡(¡ 6. 7, 8. :;¡-(j(¡- -; 9, ~- 09-97 10. , -;J-67-f] 11- 01-'1-97 12, .,¿IO 9-ì-- 13. iL -/0 -/' r 14, ~~/oJ17 15. f I '" ~~ _ / i:",_" I~ . ~ l ~ ,_I.. ß-Jf ---- --~-. ------ PETITION We the undersigned petitioners respectfully request that the city of Chula Vista improve the access to Otay Elementary School, Montgomery Elementary School and the new Library on Fourth Avenue, To improve access we ask: that a cement sidewalk be made that connects Connoley A venue (from the bottom of the staircase adjoining the park) to Albany Avenue through the area in which Otay Elementary School is housed. This sidewalk will allow the residents of Connoley Avenue, Connoley Circle, Tamarindo, Suzanne, Citrus and Hilltop A venue to be able to take their children to the public school system and to the public library even though the grounds are wet from previous days precipitation. Since Otay ElemenrtaIy School (K-3) and Montgomery Elementary School (4-6) an: partnership schools many children of parents in this area an: forced due to other obligations to walk their children to both schools each day. When inclement weather occurs these parents without transportation must walk their children through rain soaked grass to get to the school grounds. We believe that this may be the cause of the disproportionate level of student absenteeism in these schools. When children an: forced to walk through rainy high grass their feet and legs become wet leading to colds, flu and other illnesses. The creation of this sidewalk would improve the walking conditions to the school grounds and would lead to a more healthy student populus, improving both attendance and academic endevours_ We also respectfully request that the city place a fence or closure around an open hole where water is built up. This is a dangereous condition and merits the attention of the city planning commission. Our signatures on this document reflect our desire and our committment for the bettennent of our community and the academic and social progress of the children of this community, We collectively thank you for your involvment in our community. Telephone Date 1. ci-'i[ -'1 7 2. d - g-,? ì 3. :;-)/-97 4, :J. -/l-cr 7 5. ;2 -1/ ......q 7 6. .2 -(J -'17 7_ g..-/:J..-97 8. :J - 11-<1 7 9. ;:)-11-91. 10. ..Q.II-'f7 11. ::J.. - //-'1 ). 12, :;¿-)/-f'} 13. '2 - 1/- 77 14, ~7 15. ~,/5 ,.,,)-/,3 9:¡' __ _. _+_____'.'..m +-+'--._..._-+~------_. --+. ..+ ....--.,."...--,..-'-.--.--..----......--..- ':,. ~ .:' : 4- .- ) D ;~:.,~ r"~"--;c >::T; .,_,. _ '. n~::¡.¡,,'", ~'-~." ;.:;1',. :·;~;~·~.t::: ,:~_Ú[:J~~~ .,; ':;""I~,,.I.," nn äS .j} 1 , ~=::¡ . , ' ;. ~ ~. -<-< :::0 (;0 ~ T , " /TIn (") :::O::I: N T "'::c:: ..... en, < 0» , "" ,,< ;;e T ,,- ..... 0 _U> (")--1 (,j rr"" ,I.~' N ~ ; , .~ ,. "",t '- -," . ; - \ ~ : <> .¡; , " 'i._:',.--:;! ";,'i'P' .. ~ '\i. ~ ' ~, . ..'~ : ,;,." '\;1' _~.r" _:j:¡.' '.'_"'_ ~.l :'b~¡:~: tl¡ì~):~p-:~'-'t;· . ". ."1.::,,,- -j-' . ., .." (, " ~>¡ ,,:, K - ' . ; ~ L -¡.;] .'" I,.,'. 1"_'\ ., ;,- ., ""',,' '0 \"'i,,:-' r,;: f j :C,. <',.;, ~ "" .... . " ~,-,- , .'¡,' ....,..' ì_- .~ ;'1"'-' ~o~,_-., _';:, ." '.\'.:~.:. :Ei'r; ~ ;ii >" ~:; 0". v_, ,.. ,. ;"': ,~:; : ," ->;',~. ~ :', "; . ~--, ~ .t 1.: <: ., ....., . , l >~ . J ~ j, ' "]" .. ;..~\f;~~' ~.' \\1 .r-.:.:~,; . 'j: :!Î'~>' -.t ,."..,!',. . "';qi~·I':' '!fr./l; ," . .MMUNICATIONS CC <:¡,~~r:!, /t7t c0~~ ~~ 3ê-// " .. . , ... , "~. . '.. 'J'",'';;! ,;"..., U",~:~·U. illlu :')an UiefC UrÜfIed p(Jrl Di:;tnct r'-- ~ - ~ ---- .--- RECEIVED JP' - - "98 526 A8 S~ V~ A--a G~ CITY OF CHULA VISTA POBox 1213 ~----.- CITY CLERK'S OFfiCE Chula Vista, Ca. 91912-1213 January 20, 1998 Mayor Shirley Horton 276 Fourth Avenue Chula VistJl, Calif. 91910 Mayor Horton: The Chula Vista Art Guild is interested in leasing Rohr Manor. If it' s available. Our intent (as in my previous letter about the YMCA Bldg.) is to develop a Visual Arts Center. We want to turn the interior into training sIudio!s, meeting room/s, a gallery, and office space. And generally enhance the grounds. We will use volunteer labor to replant the grounds around the building (working from plans from the city's landscape architect) and generally refresh the interior. Parking is a problem at Rohr Manor. Possibly a gravel parking strip along the street in front of the Manor could be provided by Parks and Recreation? The office area will be used by the Bonita Artists Potpourri, the Chula Vista Art Guild, the Friends of the Arts and the Visual Arts center itself. Space could also be provided for the Cultural Arts Coordinator and the Cultural Arts ComITÙssion (if the City so desires). We will use the tIaining studio!s to provide art workshops for children and adults. The workshops will be led by local artists and be open to the community, We will also use the training studio as meeting space for our Guild, Bonita Artists Potpourri, and other community groups. The Gallery will be used to show and sell the art of our members, the workshops and local artists. A small commission will be charged the artists. This and workshop fees will be enough to pay the bills and build a fund to help perpetuate the arts in Chula Vista. We cannot afford more than about $100.00 a month to begin with. But we are willing to share the profits with the City as financial growth is generated. The rent and profit shares could be used to help build a City art fund? I still don't know how to formally present this proposal. But I am available to you, the City Council and the Department or Parks, Recreation and Open Space at any time to expand on this idea~ My phone number is 421-3038. Thank you for your time. Sincerely, ~~ CO MUN"CATIONS _ Robert Eugene Clement WRlnEN· M ., I . . . CC ' ~~dent,ChulaVistaArtGuild ~cP- r .pJq/fr . ~(.¡) - / ~~~8 cc: Council; Jess Valenzuela, Parks & Rec.; h ~ John Goss, Sid Morris, Jeri Gulbransen; City Clerk £-ffi ~¿/¡i 1/;)- ORDXNANCE NO. ;¿? ) f5" sfJ~.-<"''''''O~ AN ORDXNANCE OF THE CXTY OF CHULA VXSTA .ø¡'l!oXNG, ADDXNG AND REPEALXNG VARXOUS CHAPTERS OF CHULA VXSTA MUNXCXPAL CODE TO XMPROVXNG CXT~CODE ENFORCEMENT EFFECTJ:VENESS The City Council of the City Of~Vista does ordain as follows: SECTION I: That the following Chapters of the Chula vista Municipal Code are amended to read as follows: Chapter 1.04 - General provisions 1.04.010 Definitions and rules of construction. In the construction of this code and of all ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise: "Abatement" means an act or combination of actions desiqned to correct a nuisance. Abatement includes. but is not limited to: removal. demolition or repair of structures: removal of weeds. rubbish and debris: reconstruction of structures to code: restoration of drainaqe ways or courses. qradinq or reqradinq and fillinq of illeåall v qraded or developed land: reveqetation: vacatinq of illeqal . or non-conforminq structures: removinq barriers improperly blockinq off public 'access: rel!loval of encroachinq structure's onto public DrODertv: and other action which is reasonably related to the correction or mitiqation of nuisances under this code or state law. "City" or "this city" means and shall be construed as if followed by the words "of Chula Vista": "City Manaqer" means an officer appointed bY the city Council as the City Manaqer. and includes those officers and employees he or she desiqnates to perform certain functions. The term "City Manaqer" includes a director. as defined herein. except in those proceedinqs where an appeal to the City Manaqer is taken from the order of a director. "Code" or "this code" means the Municipal ~ode of the city of Chula Vista, California: 1 ~¿~/ _ ______m__.~._~, . --- "Code Enforcement Officer" means a olice officer desi nated b the Cit Mana Director to enforce violations of the Munici A Code Enforcement Officer is autho ized to iss of violat'on and administrative citations Cha ter 1. 41. A Code Enforcement Officer i to iss misdemeanor citations or to ar s without warrant for a misdemeanor corom' her res ce which is a violation of a e ordinance ich the Code Enforcement 0 i er has a dut to enforce. A Code Enforcement Offic exercise all owers of rest ursuant to Cal' nia Penal Code 836.5. A ode Enforcement Offi is not a eace officer withi the definition of P Code Sections 830 throuqh 832.8. "Computation of t'me in which any act provided by law computed by excluding the first day and ~ ast, unless the last day is a legal holiday is also excluded, "Council" whenever u code means the city council of the city, "County" or "this cou San Diego, "Day" means the per any midnight and the midnight folIo "Daytime" and "ni e" means the period of time between su "Nighttime" means the period of time nrise, Fire Chief of Buildin and of Parks and Director of desi ated b erform code includes the Health for The masculine gender includes the f e city" means and includes all territory ov the ity now has, or shall hereafter acquire juris tion for the exercise of its police powers or other reguI tory po ers, All words giving a 2 ~ 6~"2 , three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers; "Month" means a calendar month; "Notice" means a written document which informs a person of the time. date and place for a hearina. the nature of a penaltv or corrective action reauired of that person. and the Municipal Code section(s) applicable to the proceedina. Service of notice is covered in Section 1.40.030. "Nuisance" is as defined under California civil Code ~3480. and includes a condition upon or use of real propertv within Chula Vista that violates the Municipal Code or state law. It mav also include dilapidation or disrepair of structures: the maintenance of a structure. in which illeaal drua. qamblinq or prostitution activitv occurs: or. a structure on private propertv which encroaches into public propertv. "Number." The singular number includes the plural and the plural the singular; "Oath" means and includes an affirmation; "Officers, departments, etc." Officers, departments, boards, commissions and employees referred to in this code shall mean officers, departments, boards, commissions and employees of the city, unless the context clearly indicates otherwise; "Official time." -Whenever certain hours are named in this code, they shall mean Pacific Standard Time or Daylight Saving Time, as may be in current use in the city; - "Or," "and." "Or" may be read "and," and "and" may be read "or," if the sense requires it; "Owner," applied to a building or land, means and includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land; "Person" means and includes any person, firm, association, organization, partnership, business trust, corporation or company; "Personal property" means and includes every species of property, except real property, as def ined in this 3 ~~;J ----- ----------- -- "----_.- section; "Preceding" and "following." The words "preceding" and "following" mean next before and next after, respectively; "Process" means and includes a writ or summons issued in the course of jUdicial proceedings of either a civil or criminal nature; "Property" means and includes real and personal property; "Real property" means and includes land, improvements and structures on land , tenements and hereditaments; "Responsible Partv" means individuallv and collectivelv: the owner(s} of real propertv upon which a violation of this code or state law exists: or. a tenant or occupant in possession. licensee or anv other person who has caused. created. or continues to allow a condition to occur or exist upon real propertv constitutinq a violation of this code or state law. A "Responsible Partv" can be a natural person or a corporation. "Shall" and "may." "Shall" is mandatory and "may" is permissive; "Signature or subscription by mark." "Signature" or "subscription" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written.near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a-sig~ature or subscription to- a sworn statement only when two witnesses so sign their own names thereto; "State" or "this state" shall be construed to mean the state of California; "Tenant or occupant," applied to a building or land, includes any person holding a written or an oral lease of, or who occupies the whole or a part of, such building or land, either alone or with others; "Tenses." The present tense includes the past and future tenses, and the future includes the present; "Week." A week consists of seven consecutive days; "Writing" means and includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is 4 ~¿~1 required or authorized by this code, it shall be made in writing in the English language, unless it is expressly provided otherwise; "Year" means a calendar year, except where otherwise provided. (Prior code §1.2). 1.04.060 Time limit for seeking review of administrative decisions. Pursuant to the pvw..rs ':: ...",l1L..d tv Lhe ....;.t} ....del. California Code of Civil Procedure Section 1094.6, judicial review of any administrative decision of the city may be had pursuant to Code of civil Procedure section 1094.5 only if the ª petition for writ of mandate is filed not later than the ninetieth day following the date on which the decision becomes final: exceDt that if the action imDoses an administrative fine or Denaltv. the Detition for review must be filed within twentv davs after the order is final Dursuant to Government code Section 53069. (Ord 1870 §l, 1979). Chapter 1.16 - Right of Bntry for Inspection 1.16.010 Applicability-procedure required. Whenever necessary to make an inspection to enforce any o:¡;J';'..an".. 01. .....s.ol..L.;.on State or MuniciDal Code Drovision,or whenever there is reasonable cause to believe there exists an 0:rdil1",hC8 o:r :res.vl..tio.. State or MuniciDal Code violation in any building or upon any premises within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or_to ,perform any duty imposed upon him or her by ordinance; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, he or she shall give the owner and/or occupant, if they can be located after reasonable effort, at least twenty-four hours I written notice of the authorized official's intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner and/or OCCUDant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a 58"'......1. an insDection warrant by a duly authorized magistrate Dursuant to Code of civil Procedure Section 1822.50. In the event the owner and/or occupant refuses entry after such request has been made, the official is hereby empowered to seek assistance from any court of competent jurisdiction in obt~ining an insDection warrant for such entry. It is a misdemeanor to wilfull v refuse access after an insDection warrant has been dulv issued. (California Code of Civil Procedure Section l822.57). The above 24 hour notice reauirement shall not apDly to anv insDection where the authorized official conducts the observations and insDection while within the Dublic 5 ~¿~3 ----~.__.- . riaht-of-wav or within the unobstructed walkway between such riaht- of-way and the front entry of any residence. nor shall it apply to abandoned or inoperative motor vehicles inspected on site in accordance with applicable state law. (Ord 1550 §1, 1974; prior code §l. 7). Chapter 1.20 - General penalty 1.20.010 Designated-Applicability. A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city shall be guilty of all ';'uL.a"L';'on vI: a misdemeanor. unless. at the sole option of the Ci tv. the violation is cited and prosecuted as an infraction. B. An infraction is punishable by: -r.- A fine not exceeding one hundred dollars for a first. violation; C. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him unless he is arrested and not released on his written promise to appear, on his own recognizance, or upon a deposit of bail. D. A misdemeanor is punishable by: -r.- Imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both. E. Each such person descrfbed~in A above shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he shall be punished accordingly. F.. Payment of a fine shall not excuse payment of any fee required by the Municipal Code. G. In addition to the foregoing, any violation of the provisions of the ordinances of the city is deemed to be a public nuisance. Such violations may be abated by civil action or pursuant to applicable administrative abatement procedures. (Ord 2474 §1, 1991; Ord 2284 §l, 1988; Ord 2213 §1, 1987; Ord 2077 §l, 1984; Ord 1765 §1, 1977; Ord 1551 §1, 1974; prior code §1.7A). 1.20.020 Infractions: Prosecutor's Discretion Defendant's Election to have Infraction Treated as Misdemeanor. 6 -~ ¿----¡}, A. A violation of any Chula Vista Municipal Code section may, at the discretion of the prosecutor, if the violation is initially charged as a misdemeanor rather than an infraction, be prosecuted as an infraction, subject to the procedures described in Sections 1.20.010(C) and 1.20.030 when: 1. The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time he is arraigned, after being informed of his rights, elects to have the case proceed as a misdemeanor or; 2. The court, with the consent of the defendant, determines that the offense is an infraction in which event the case shall proceed as if the defendant had been arraigned on a infraction complaint. (Ord 2284 §1, 1988; Ord 2265 §1, 1988; Ord 2253 §2, 1988; Ord 2213 §2, 1987). Chapter 1.24 - Arrest Procedures 1.24.010 Notice required-Contents-Bail. A. If any person is arrested for a misdemeanor violaLivu of Lh", prv~':"¡:a.':"oh~ '-uJ..:..r':"ed iu Cl.&AJ:.Il~....o !:;.8X, 5.64, 5.68, 3.16, 5.16, 3.18, 3.22, !;.26, 5.34, 3.38 3.46, 3.56, 3.34, 5.66, 6.26 6. 28 amI 8.16, and su.:.l. ~e:u.vu is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the state, the arresting officer shall prepare in duplicate a writt,en notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court. - ~ B. The time specified in the notice to appear must be at least five ten days after such arrest. unless waived. - C. The place specified in the notice to appear shall be as urescribed bv Penal Code section 853.6 eiU.",~. 1. Bèrv.L~ ð juJ.YI; of ð. Wu.u':"çii-'a.l .....vu.rt w':"Lll':"h tIn:::: ",ou.uL~, if Ll...c vrrc.l.loc chð.~':: ed Ü. allege.! t.v bavoc: bee ¡ ...o¡iaùi L Led tlu::.Lcil.t, a.,uJ. who l.&Clo ju.l.ioJlwLloh vf LI.Lè "",rrehÞc ahJ. w110 ..1..0 uèd.Leõ:ÞL a¡"l wost a,-,,,,,,,essiLl'=õ w':"Lll 1. c£c1:é.lu...1; Lo LI.e pIa.:.", wI.ere Lh.. arr",..L .:... loaJ.., v1: 2. U}.JOh JII:IUa.hJ \"If LI.l.é: 1:.,,=.... ¡:n"",h al..L 1;0 Led, Lcfuxe a. wu.ui<:.ipa.l "'VLLrt jaJI; " il, LI.a city, .:..r ðuc..l... vI fch5ê .:... alle':: ",J. to IJ.Cl.v1: Lccu "",ohuuiLLed will.&lu the \,.õVu.uty, o~ Lalor.. a j~J.ge ":".1.1 tIle ju.diciðl diþtl.l.....L 11,. whl"",ll tile vrrchSc ':"02 alle':;tcJ. Lv ¡lave Lcéla ,,"vwwlLteJ, 3. Before CUI orri.....er ð.LLLhor iz.eJ Ly th1: \,.olty Lv .l.ecelve a 7 ~ 6r-? _..._~~---_.__.- --.-.. -.--."---".--- J:",~o",';'L of Lã';'l. D. The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person in order to secure release must give his written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody. E. The officer shall, as soon as practicable, file the duplicate notice with the magistrate as specified therein. Thereupon the magistrate shall fix the amount of bail which in his judgment, in accordance with the provisions of Section 1275 of the Penal Code of the state, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him in the form set forth in Section 815A of the Penal Code of the state. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code of the State. F. No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the jUdgment, as required by law. (Prior code §1.8). Chapter 1.30 - Abatement Procedures 1.30.010 Purpose. This chapter is enacted pursuant to civil Code Section 3491 et seg. and Government Code Section 38771 et seg., and is intended to be an alternative procedure for the abatement of any pUblic nuisance declared to be a violation of any statute, regulation or ordinance enforced by the city. It is intended to provide a uniform procedure for notification, right of appeal and assessment of costs and collection thereof for the abatement of public nuisances. This chaoter mav be used in coni unction with orocedures established in Chaoters 1.40 and 1.41. The procedure herein is supplemental to the general penalty provision found in Chapter 1.20, and is intended to provide due process for all those required to abate a public nuisance. Ord 2187 §2 (part), 1987; Ord 1655 §1 (part), 1975). 8 ~¿~ð 1.30.030 summary abatement power. Whenever this code or any other provision of law authorizes the city manager or any other city officer to declare a public nuisance, the nuisance may be summarily abated by any reasonable means and without notice or hearing when immediate action is necessary to preserve or protect the public health or safety because of the existence of a danaerous condition or imminent threat to life. safetv on Dublic or Drivate DrODertv. Summary abatement actions shall not be subject to the notice and hearina requirements of this chapter and a city aLaLewcuL code enforcement officer shall not be prohibited from summary abatement actions after initiation of proceedings pursuant to this chapter if immediate action at any time becomes necessary to preserve or protect the public health or safety. Summarv abatement is to be limited to those actions which are reasonably necessary to immediatelY remove the threat. In the event a public nuisance is summarily abated, the city abatement officer may nevertheless keep an account of the cost of abatement and bill the property owner therefor. If the bill is not paid within fifteen (15) days from the date of mailing, the Abatement Officer may proceed to obtain a special assessment and lien against the owner's property in accordance with the procedures set forth in Sections 1.30.130 through 1.30.170 of this chapter., ~A~è~L Ll,ð.L, iu a.JdiL':'ou to ð. lê~':'èW of Lllê ,-"u~Ls \.If QLa.Lchu::ut, Lhe :~t.l \",ouu,IJ\....:.l 61.LQl1 gli:lv lu::ð..L all..] J.ctc.L.wiuc QUo", .:.õ;t£:......II;S .Lela.Livé Lv :-1:..,= :...n:::a_==':'i:Þil.r £01. OJ:: wð.lAuél ':'1.. wI".":',""}:,, the þl.u1-'è.... L.l ~ClS Je.....la.ì.cd Lo Lc a ¡,.ouLli... I....,;,..auc:.c aln} ...........a...il.l aLatc..!. (Ord 2187 §2 (part), 1987; Ord 1655 §1 (part), 1975). 1.30.050 Nuisance declared. A city code enforcement officer abaLcmcuL officer may declare a public nuisance for any reason specified in any city ordinance. Upon a public nuisance being declared, the city code enforcement abaLclucut officer shall may issue a Notice and Order to -iiliate substantially in the following form: NOTICE AND ORDER TO ABATE NOTICE IS HEREBY GIVEN THAT (sDecifv the condition constitutina the nuisance) is in violation of Section of the (Chula Vista MuniciDal Code. or other applicable code or ordinance). The violation has been declared a public nuisance by the (citv code enforcement abatc.uêhL officer) and must be abated immediately. The public nuisance is on property located at (insert address or other leaal DrODertv descriDtion) . YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within (insert 9 ~ ¿---f a reasonable number of days) ( ) [not less than tenl consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by (insert desired action which. if taken. will adeauatelv remedy the situation) . If you fail to abate the public nuisance within the number of days specified, the city may order its abatement by public employees, private contractor, or other means, and the cost of said abatement may be levied and assessed against the property as a special assessment lien or billed directly to the property owner. YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT but any such appeal must be brought prior to the expiration of the number of days specified above for completion of abatement. The appeal must be in writing; specify the reasons for the appeal; contain your name, address and telephone number; be accompanied by an appeal fee of dollars ($ ); and be submitted to the city çleL~ manaaer at the following address: City Cle~k Manaaer 276 Fourth Avenue Chula Vista, California 92010 Tel. No. (619) 691-5'Ott 5031 One who is legally indigent. as determined bv auidelines crecared bv the city manaaer and after consultation with the citv attorney. may obtain a waiver of the appeal fee. Upon timely receipt of the appeal and accompanying fee, or waiver, the city çleL~ manaaer will cause the matter to be set for hearing befvLe tI,e ç';'Ll' ,,",vl1h,-ll sitLl1,.,¡ as the ...It} abð.leweht Lvð..t.l and notify you of the date and location of the hearing. If you have any questions regarding this matter, you may direct them to the city officer issuing this notice at the address or telephone number listed belo~. ~ ISSUANCE DATE: - Name, title, address and telephone number of the city abatement office issuing this notice) (Ord 2187 §2 (part) , 1987; Ord 1655 §1 (part), 1975). 1.30.060 Service of notice and order to abate. The Notice and Order to Abate shall be served in the following manner. A. Bv cersonal service; or. 1h By certified mail, addressed to the owner, or his or her 10 ~ ¿ ---/0 agent, at the address shown on the last equalized assessment roll or as otherwise known, and addressed to anyone known to the city abatement officer to be in possession of the property at the street address of the property being possessed. Service shall be deemed to have been completed upon the deposit of said Notice and Order, postage pre-paid, in the United States mail; and, B7 By posting such Notice and Order to Abate conspicuously in front of the property on which, or in front of which, the nuisance exists, or if the property has no frontage, upon any street, highway, or road then upon the portion of the property nearest to a street, highway, or road, or most likely to give actual notice to the owner and any person known by the city abatement officer to be in pos.session of the property. (Ord 2187 §2 (part), 1987; Ord 1655 §1 (part), 1975). 1.30.070 Appeal procedure. Any owner or other person in possession of the property may appeal any Notice and Order to abate issued :abal",weht ~¡:Oc.eeJ.l1,~ ",vlWUeh...",J. pursuant to his chapter to the city co.."",il manaaer or desianee within the hWúL",¡: of ten days ªª- allowed in the Notice and Order to Abate. The appeal shall be submitted in writing, specify the grounds upon which the appeal is taken, contain the name, address, and telephone number of the appellant, be accompanied by the payment of an appeal fee as set forth in the Master Fee Schedule and be filed with the city cl"'Lk. manaaer. Timely appeal shall stay any further abatement action until the hearing is concluded. The city cle¡:k manaaer or desianee shall set the matter for hearing before a hearina examiner tl.", ",it} ;"'vlllu:.il and notify the parties in writing of the date and location of the hearing, at least ten (10) days prior to said data- ~ 1.30.080 Appeal fee: Determination of amount/waiver of payment/refund. At the time of filing an appeal, the appellant shall pay the Required Fee(s) as set forth in the city's Master Fee Schedule. If the appellant claims an economic hardship in paying the appeal fee, he or she may submit an application for waiver of the appeal fee on forms provided by the city clerk manaaer for that purpose. The forms shall be substantially similar to those required of litigants initiating court proceedings in forma pauperis pursuant to Section 68511.3 of the Government Code. The forms shall be executed under penalty of perjury and contain a declaration as to the truthfulness and correctness of the information contained therein. Upon submittal of the completed forms, the appeal fee shall be waived. if iustification is demonstrated. 11 ~ ~~// - -" ---~~.__._~-----_.__.. Failure to submit the waiver forms or pay the appeal fee in a timely manner shall cause the appeal request to be automatically denied. Enforcement of the Order to Abate may then proceed as if no appeal request had been submitted. If the appeal fee is paid and the city co.."cil hearina examiner finds there is no public nuisance, the appeal fee shall be refunded to the appellant without the payment of any interest which could have accrued. (Ord 2506 §1 (part), 1992; Ord 2187 §2 (part) , 1987; Ord 1655 §1 (part) , 1975) . 1.30.090 Hearing procedure. The líHearing§ before a hearina examiner aDDointed from a list of aualified Dersons aDD roved in writina bv the city cO..I.....;.1 manaaer shall be conducted in accordance with the following procedures: A. Oral evidence shall be taken only on oath or affirmation. The cit.r CO Il"....;. I hearina examiner is authorized to issue subpoenas, administer oaths, and conduct the hearing. B. Each party shall have these rights: to be represented by legal counsel; to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not covered in the direct examination; to impeach any witness regardless of which party first called the witness; to testify in his or her own behalf. He or she may be called and examined as if under cross-examination. c. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are_acqustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Heãrsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions and irrelevant and unduly repetitious evidence shall be excluded. D. The hearing shall be conducted in the English language. The proponent of any testimony to be offered by a witness who does not proficiently speak the English language shall provide an interpreter, approved by the cit.r c....."cil hearina examiner conducting the proceeding as proficient in the English language and the language in which the witness will testify. The cost of the interpreter shall be paid by the party providing the interpreter. E. The hearing may be continued from time to time upon request of 12 ~. ~ -- / ;:L. a party to the hearing and ,upon a showing of good cause therefor. ~ The administrative procedures of Chapter 1.40 mav be utilized to supplement the above. (Ord 2187 §2 (part), 1987; Ord 1655 §1 (part), 1975). 1.30.100 Determination of the city Councll Hearina Examiner. At Lhe ......,¡....lu".;,..,,, of Lh.. hea...';'h':l, The city cOul.....;,l hearinq examiner shall allow or overrule any or all objections, and reverse, modify or affirm tì¡.e determinations of the city aLatEow..üt code enforcement officer and may direct the city ai.at..w.."L code enforcement officer to proceed and perform the work of abatement if not performed by the owner or the person in possession of the property within the prescribed time. The decision of the hearinq examiner shall be in writing, contain findings of fact and conclusions of law, and be filed with the city clerk within five (5) working days of the conclusion of the hearing. A copy of the decision shall be sent to each party appearing at the hearing, and, if no appearance was made by the appellant, to him or her by mail, at the address specified in the appeal. The decision of the city .....,.."ell hearinq examiner shall be final when filed with the city clerk and constitutes the exhaustion of administrative remedv. (Ord 2187 §2 (part), 1987). 1.30.110 Time for compliance. If the ciL}' ,;,..,.."eil hearinq examiner decides that the Order to Abate should be enforced, the owner, his or her agent or person in possession of the property shall comply with the order within such period of time as may be theDein~prescribed, and in the absence of any prescribed time, within three (3) days from the date of final determination. (Ord 2187 §2 (part), 1987). 1.30.120 Noncompliance with order to abate. Upon the failure, neglect or refusal to properly comply with the Order to Abate within the prescribed time period, the city abatement officer may cause to be done whatever work is necessary to abate the public nuisance. An account of the cost of abatement shall be kept for each separate assessor's parcel involved in the abatement. When the city has completed the work of abatement, or has paid for such work, the owner of the property shall pay the R..~..i~..d F....(~) costs of abatement (See also Section 1.41.140). To this amount shall be added the appeal fee, if it was previously waived. The combined amounts shall be included in a bill and sent by mail to the owner, or his or her agent for payment, if not paid prior thereto. The bill shall apprise the owner that failure to pay the 13 fl::Þt ~ -- G '--..'--"-' -'--'-'- bill within fifteen (15) days from the date of mailing may result in a lien or assessment beinq placed upon the property. (Ord 2506 §l (part), 1992; Ord 2187 §2 (part), 1987). 1.30.130 Report and notice of hearing. If the bill is not paid within fifteen (15) days from the date of mailing, the city aLãL""uêllt code enforcement officer shall render an itemized report in writing to the city ClêJ::k manaqer for ..uL",';'ttãl Lu tl,ê ,,';'Ly "uu¡,,:,il for hearing and confirmation. To the report shall be attached the names and addresses of all persons having any record interest in the property. At least ten (10) days prior to said hearing, the city Clê~k manaqer or desiqnee shall give notice, by certified mail, of said hearing to the record owner of each assessor's parcel involved in the abatement, the hOlder of any mortgage or deed of trust of record, and any other person known to have a legal interest in the property. Said notice shall describe the property by street number. leqal OJ:: ..uJllê OLl,,,,L description and tax assessor's parcel number sufficient to enable identification of the property and contain a statement of the amount of the proposed assessment. (Ord 2187 §2 (part), 1987). 1.30.140 Hearing on report. At the time fixed for receiving and considering the report, the ci ty '-u..",..';'l manaqer shall hear the report ±t or cause it to be heard bv a hearinq examiner and for the pUrPose of considerinq any objections of any of the owners liable to be assessed for the work of abatement or any other persons who may have a legal interest in the property. The city coull,,';'l manaqer or hearinq examiner shall add to the proposed assessment an amount equal to the cost of conducting the assessment confirmation hearing. The Cu..u.:.il city manaqer. or desiqnee. may also make such other modifications in the report as ±t ~ deemed necessary, after which, by Lesul..Llou, the report shall be confirmed.Ti,ê ,L",SOlIlL';'ull all..} ",O..},;,r';'ê..} LepUL L v[ tl,ê ,-iL}' ctLaL",mêlll Loa~..} ..hall .and be final and conclusive. (Ord 2187 §2 (part), 1987). 1.30.150 Cost as special assessment and lien. A certified copy of the re~ul..Llou assessment shall be recorded by the city clerk in the Office of the County Recorder. The amounts and the costs of abatement mentioned in the report as confirmed shall constitute a special assessment against such property and are a lien on the property for the amount of the respective assessment. In addition to its rights to impose said special assessment, the city shall retain the alternative right to recover its costs by way of civil action against the owner and person in possession or control jointly and severally. (Ord 2187 §2 (part), 1987). 1.30.170 Manner of collection-law applicable. 14 ~ j; --J{ A. Thereafter, the amounts of th~ assessment shall be collected at the same time and in the same manner as city taxes are collected, and are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes are applicable to such assessments, ..^c...~L t.!...t ';'f all,}' rec!>l ~l.v~ert.,}' to lwid...!. suc.!. liell would atL..c.h l,a.. Lee" L!.ð.h"C"LL..d VL c.o"veyeJ. to .. buu,ð. r';"de e...U.........uúLLc:Lnc:..C.&. [vL vð.lue IJ.a~ bec:u. c:.l.c:ateJ. Q.ud dLLa"",ln:::5 tI,e!. ..vh iJL ';'or Lv tI,.. dat.. 0" "hi,-!. fi!...L i"..Lall...êl,t vC ....c!. ta.AèS Wuuld Lee-Clue dell.uqucut, Lln::H tIle l~ch ~lll.",ll woulJ ,-,tIn:::! ~l.::=oc Le i.Lu~O¡:n:::d ::=ol...a.ll hut à.LLac:..lJ. Lv ~t\.h...l... ~cQ.l l:-'.Lv!-'el. L.l ð.uJ. tIn: cOSot vf aLa. Lewcut duJ. tIn::: c.v..L of Cl1rV.&.ciJ..I.~ ..baLên..."L ~a.:::Þ c.v.ufl.1:líIeJ., .&.èlatiuy Lo :::Þu"""l.L }:JLvpe.ì..L,ll i:ÞIICLll Lc tJ..QU~rcrl.cJ tv tIle lUIi:ÞCC.UlcJ. Lull fur cvl1e~ll.uh. 1L. As an alternative. the citv manaaer or hearina examiner mav imeose an abatement lien ueon the eroeertv in accordance with Section 1.41.160. (Ord 2187 §2 (part) , 1987). 1.30.180 Violations. It sh..ll is unlawful for any person to interfere with the performance of the duties herein specified for the city ~..Le~.."t code enforcement officer or any authorized officer or employee thereof, or to refuse to allow any such officer or employee or approved private contractor, to enter upon any premises for the purpose of abating the public nuisance or to interfere in any manner whatever with said officers or employees in the work of abatement. Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of a _code being enforced pursuant to this chapter. (Ord 2187 §2 (part), 1987). - Chapter 2.26 - Board of Appeals and Advisors 2.26.030 Functions and Duties. The function and duties of the Board of Appeals and Advisors shall be as follows: A. Create a forum for city-wide discussions, research, and analysis of critical issues of building construction, including plumbing, mechanical and electrical installations. B. Where authorized by a Uniform Code adopted by the city to do so, investigate and advise as to the suitability of alternate materials, types of construction, and interpretation of said adopted Uniform Code. lS ~ .I-'r'- d.. IL---- ¿f - /-,> ..---- , C. Conduct public hearings and recommend to the city council, the passage of new legislation pertaining to the design and construction of buildings, D. Act as an alternative administrative appellate body. at the option of the city manaaer. to hear appeals relating to determinations by the city manaaer. code enforcement officer, fire chief or director of building and housing, pursuant to city-adopted Uniform Codes, that conditions or circumstances are public nuisances and should be abated. Such codes include, but are not limited to the Uniform Building, Uniform Mechanical, Uniform Fire, Uniform Housing, Uniform Plumbing and National Electrical Codes as adopted from time to time by the city council. Hearings of the Board shall be conducted in accordance with the procedures set forth in such Uniform Codes and particularly the Uniform Code for the Abatement of Dangerous Buildings or the provisions of Chapters 1.30 and 1.40. The decision of the Board shall be final. (Ord 2439 §2 (part), 1991; Ord 1235 §1 (part), 1969; Ord 1002 §1 (part), 1966; prior code §2.91(b». Chapter 5.02 - Business Licenses Generally 5.02.050 Issuance-Prerequisites and procedure qenerally. Upon application therefor as proyided in this chapter, it shall be the duty of the. director of finance offi~CL to prepare and issue a license pursuant to this chapter; provided however, that the director of finance vffi~cl shall not issue any such license until it has been noted on the application therefor that the location of the proposed business has been reviewed by both the fire department and the planning department and any other department deemed appropriate by the finance director, and has been approved in accordance with the provisiQns 9f the building code, the .zoning ordinance and any other applicable code. The "duty" of the director of finance and other City officers. as specified above. shall not create a leaal obliaation. but merelY means the city officer shall use reasonable efforts to ascertain that the issuance of the reauested license will not result in a business operation which· violates applicable local laws. The applicant for the license shall have the sole and continuina responsibility for assurina that the business operation complies with the applicable laws. includina the provisions of the buildina and zonina ordinances. By approvina and issuina a business license. the city is not certifyina that the proposed business operation will in fact comply with applicable laws. (Ord 2652A §1, 1996;Ord 2652 §1 (part), 1995; Ord 2537 §1 (part), 1992; Ord 2191 §l (part), 1987; Ord 1293 §1 (part), 1970; prior code §18.5). 16 µ-'cJæ ¿~/J 5.02.060 Issuance-Compliance with state and local requlations required. No li...e..se ",hall L", Ü.",...e.1 ...hl",,,,,,, a f...ll ...vlu1-'liaJJCe ';'S lia.1 with all Ll.", laws vi th", ciLy ð.l..1 staLe, a...1 wl.el.", law", of th", staL", .Le-l....;,re ð. pèl¡:,Ou to La ll"",éused uude.l ð.hJ. Ly yl1::tl&~ of ':"ti:t lawò::lOI tIll!::: 5ð.ìu~ ~l~~~l La Q ,",ouJltluu }.I.Loc:::'-éJ1C:ht Lv LIle 9.LCLU~iug of Q ll\".oèuoc b:y Lhe city, ah.1 if aU ap",l.;,...ahL Sov .Le'iu';'I",.1 to Le l';'ceh",ed Ly th", staL", has fail",d tv cv...tJI} witl. Lh", law", vf Lhe ",Lat"" hv li.......5e shall be i",su",.1 Lx th", cill'o No license issued under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business operated in contravention of any of the laws of the city or the state. An applicant for a business license shall have the responsibilitv for obtaininq any required state license. and the issuance of a license by the city shall not relieve an applicant from obtaininq any and all other permits or licenses required bv state or local laws. (Ord 2652A §l, 1996; Ord 2652 §l (part), 1995; Ord 2537 §l (part) , 1992; Ord 2191 §l (part) , 1987; Ord 1293 §l (part), 1970; prior code §18.5). 5.02.080 Issuance-void when. If any such City license has been issued through error, the same shall be void and of no force and effect. (Prior code §18.8). 5.02.090 Issuance-Approval of police chief required. Licenses applied for under Section 5.02.040E shall be issued only upon written approval of the chief of police. (Ord 1801 §l (part), 1978; prior code §18.9). - - 5.02.100 Denial of license-criteriA-Notice required. - The chief of police may deny the issuance of any license referred to in the preceding section to any applicant who in his reasonable . discretion is not a fit and proper person to manage or conduct such business or occupation and/or if such business would be detrimental to the health, welfare or interest of the city. The director of finance offlc...L shall notify the applicant of the denial of the license by delivering a notice of such denial to the applicant. Delivery of such notice may be made personally or by placing such notice in an envelope, properly addressed to such applicant, with postage prepaid, sealed and deposited in the United States mail. (Prior code §18.l0). 5.02.110 Denial of license-Appeal-Hearing-Notice required. Ai.. aJ:,JJ:lli'-a..ut, LLt'0l.a dehia,l of su,-t... li\,;,=uSè, õ:tllall llavc Ll...é .L':'ght. Lo 17 ~~.--); ¿;'-/? -- ----- -- ---------.. ".-_..~-_._-----_._.~---- ~)?1-'e~~ t", llle ,,"'....."il f-L"'w .....,,1. dêhial ",r ll,ê "I.';'ef vf 1-'",l';'''e Lx tll~ [il~hy or CI. uvLi"",c vf appca.l auJ. õ:ÞLat~u9 tIle gl.vu.l.Ld~ llJ.c:te[vl:. s,::~1. a1-'1-'eal ..hall Lê f';'leJ. w';'Ll. Ll.ê "itx "le-Lk wiLl.i.. rlftee.. J.ax" aftêL ..",L';'fi"aLi",.. of Jêh';'al ",f Lhê li...eh..ê. Tl.ê ,,';'Ly ';"le:tk ..hall Lerê-L the Sàwe to Ll.ê "",uh,,';'l f",:t I.ea:ti..g, à..J. ..u.:.1. a1-'1-'li"aht shall Lê h",Lif';'ed ,;,.. IvL';'Lil,': by Lllê "itj eleL}., of a t~lue, J.atc Cl.hJ. pla.....e vf lu::ð.l.l.ug_ U¡"vu gvvd (..Q.u.~c Léiu':J ~lJ,vwh, tIle cO~hcil ~~.r at ';'LSo J.i""LeL';'Oh ..êt ah",Ll,êì. Liìue f"'L Sou"l. I.ea:t i..': , ahJ. at Ll.ê Llwe of .....,,1. l.êàL ';'h': , the "",ill,,,';'l ..hall I.eà:t al¡J. detêLI,,';'lle the elf iJ.eh"e Ì'LeSê..LêJ. at ....."1. a1-'peal. TIle "ou.."il ..hall lla.ve Ll...é 1:-'0WC.I.. at õ::tu.(..l... 1...ca..L';'h9 to Jeh.1' LI.l.é ';';:,;$.u.a.uce \.If ;::'1..1.(..1... li(..cu~c O~ ':.t.L.a.ut lln: ò:Jame, Cl.hJ. itò:J J,cclò:Jivu ~lJ.all Le [lual. In cases where a business license or zoninq Dermit is denied. the aDDlicant shall have the riqht to aDDeal such denial of a license to the Citv Manaqer. Such aDDeal shall be in writinq and shall be delivered to the office of the Citv Manaqer within ten davs of the notice of disaualification. The Citv Manaqer or official desiqnee. shall hear and determine the aDDeal within sixtv davs after it is filed. The hearinq shall be conducted in accordance with the Drovisions of ChaDter 1.40. The determination of the Citv Manaqer or official desiqnee shall be final. A fee as set forth in the Master Fee Schedule shall be imDosed bv the citv Manaqer as a condition to filinq anv aDDeal. The fee shall not be qreater than the anticiDated cost of Drocessinq and conductinq the aDDeal. and if the aDDeal results in issuance of the license. the aDDeal fee shall be reimbursed to the aDDlicant in accordance with the Drovisions of ChaDter 1.40. (Prior code §18.11). 5.02.180 Revocation-criteria. Every license issued under and by virtue of the provisions of this title and Section 8.20.020 shall be subject to revocation by the cou..,,';'l director of finance , and such revocation shall be based upon a failure to comply with any term or terms of this code. Such revocation shall be sub;ect to a riqht to aDDeal to the- Citv Manaaer or desiqnee. usinq the Drocess set forth in Section 5.02.110 above. Following such revocation, no new license shall be issued for one year from the effective date of revocation. If, subsequent to revocation, the director of finance finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) have elapsed since the effective date of the revocation. 5.02.230 Bnforcement and inspection duLy. All police officers, firefighters, fire marshals, business license enforcement officers, code enforcement officers, and designees of the director of finance of the city shall have and exercise the power a..J. J....Ly Lo enter free of charge for inspection of licenses, at any time during regular business hours, any place of business 18 ~~--/f5' for which a license is required by this chapter, and to demand the exhibition of such license for t~e current term by any person engaged or employed in the transaction of such business, all in accord with the right-of-entry provisions at Section 1.16.010 of this code and if such person shall then and there fail to exhibit such license, such person shall then be liable to the penalty provided for a violation of this chapter. All police officers, firefighters, and fire marshals shall have and exercise the power al.d July to cause complaints to be filed in a court of competent jurisdiction against all persons violating any of the licensing provisions of this chapter. All ~olic.è Orri~clt::t, or tln:~ çit}' shQll l"'c:Lvè cd.ld cXc.L....l60é Llle !:JOWel. ð.1.J dill,)' tv w..ka "~Lcst.. [OJ: u';'vlð,L';'oll.. of Lhi.. \..hð,,,,LaJ:. (Ord 2537 §l (part), 1992; Ord 2408 §l (part), 1990; prior code §18.38) . Chapter 5.04 - License Taxes Generally 5.04.065 Revocation or license-Notice required-Hearing. The director of finance shall deliver a notice in writing either personally or by mail to the person or business holding such license, stating that he or she is J:6\..v......clldil.-,¡ tv tI,c c.Oullcil proposina the revocation of h±s the license, and a brief summary of the reasons therefor. Such notice shall c.vlILalll tI,C Jalc, l';'wa ..lid pla,-"c hl.lch cach .:".1.(,;1.1 Leco.w.wèlulaLlou a::tlLC~,ll Lc waJ.c Lo LI.lé \",óvuln....:.l. ~~ 0:.1..1.,-1... L":'.wé c:uu.l }oIlð("c CIS ;:,LatéJ. il.l U:Lé Hot.:......!; tlu:: ll\"oéh.::n:::è ,mal' appeaL ðu..1 La lu::ð.lJ. by t.l.lc <..'"'uu....i1. Iu Ll¡ê e'Véht thClt t.ln:: li"",eh~ct:: ai:-'l-'eàLt::t ð,l.ul """ouLe6lt::t tl...é ....cvvcatiuu, tIle (..vuh....ll lhax &t:L ð. tl...ué Cloud plà.....c [v1. hed.L':"hy vI t::Þu.....ll LC.lwohwt.'C.uJ.aL':"oh £vl': Quc:.l... .&.cYVIo"ooCltiuu. At SIJ.(..ll Liwc a.hJ. ~lð.....c CLS ¡:Jet L.z LI...c '-"0u.........:..1, II-ea.... lug 0:.1..411 bè l.LaJ. TIn: \"ooOuuGi1 a>1.Lall Lu.l~ u~Ou a>u,-h Le~Ô\"ooCl.t~vh ðh~ nlC,~:r ....ett-vke Ll.Le a>anu~ ð,ilJ ';'l.. Ja,-i..ivII ..I.ð,ll conform to Chapter 1. 40 reaardina the riaht to a hearina before the revocation mav be ~ final. (Ord 2537 §1 (part), 1992; Ord 2408 §1 (part), 1990; prior code §18.38). Chapter 5.14 - Art Figures studios 5.14.030 Permit-Required ror operation-Fees-Taxes-Renewa1. A. Each application for operating a studio shall be accompanied by the Required Fee(s) to defray the cost of an investigation. The fee is not refundable whether a permit is granted or denied. No person shall operate a studio without first paying a business license tax. ð..:. ~l.éa>~ut1y Je~~':fuAt~J., v.... aa> waY ";'1.1 th~ f.....luLe Le a.w~hde~, 1:&1 LI...e MasteL TAX 3,"1:..~Jtll~, S~\,.óL";'ou 5.14.636. 19 ~ ¿þ ~<f . ~._.._-_.,- ~.._. --.-. ... _.- B. No person shall operate a studio without paying a renewal permit tax. a" .l:"l.c"elllly Jcsi~l1a.tcJ, vr a.S wa} ill thc f\,¿l....l.c be cuueln]eJ., ~u tIn::; Mð.¡:, LeI. Tã.^ 3....11éJ.ulc, 3e,-L~vu ::;. 14. 030. 5.14.040 Permit-Issuance prerequisites. A. No studio permit shall be issued except upon a finding by the chief of police. based upon information provided bv the applicant. that the studio is proposed to be operated for the purpose of providing facilities for use by persons pursuing a course of study, including the artistic photographic portrayal of the nude human form, and by persons who engage in artistic photographic portrayal as a means of livelihood. B. No studio permit shall be issued to any person under eighteen years of age, nor to a corporation, any of whose officers are under eighteen years of age. C. A No studio permit shall be iS~\,¿cd denied upon a finding that the applicant is not of good moral character. Anyone convicted of a morals offense shall be deemed not to be of good moral character for the purposes of this section. (Ord 1402 §l (part), 1972; prior code §5.604). 5.14.090 Permit-Grounds for suspension or revocation. The chief of pOlice shall suspend or revoke a studio permit upon a finding of anyone of the following causes: A. That 'the studio is not being operated exclusivelY for the purpose of providing facilities for use by persons pursuing a course of study, including the artistic portrayal of the nude human form, and by persons who engage in artistic portrayal as a means of livelihood; B. That the permittee is not of good moral character. Anyone convicted of a morals offense shall be deemed not to be of good moral character for the purposes of this section; C. That payment is made by or charges or fees collected from any spectators or observers, who may be in attendance during modeling sessions, except that such payment or charges or fees shall not be deemed to include payments made by legitimate students of the operator of an art figure studio; D. That alcoholic beverages have been sold, consumed or permitted upon the premises of a studio with the knowledge of the permittee; E. That the permittee has employed a model or permitted a model to be employed in or about such studio, either with or without 20 ~ ¿./-ZO salary, without requiring such model to obtain a permit from the chief of police authorizing such employment. (Ord 1402 §l (part), 1972; prior code §5.609). 5.14.100 permit-Appeal following suspension, revocation or denial. All denials, suspensions or revocations of studio permits and studio employee permits shall be subject to review by the city cuul1cil manaqer. or the manaqer I s official desiqnee. who shall conduct a hearinq and render a decision based upon specific findinqs within 60 days after a written reauest for such hearinq is received. (Ord 1402 §1 (part), 1972; prior code §5.6l0). Chapter 5.18 -Billiards and Pool Halls 5.18.020 Pool and billiard halls-License required-Tax. Every person conducting, managing, or carrying on the business of a pool hall or billiard hall, or maintaining any premises wherein pool or billiard tables or pinball machines are maintained for the amusement of the public, shall pay a license tax as presently designated, or as may in the future be amended, in the Master ~ Fee Schedule, 3e...l';'vl1 5.18.626.. Coin operated machines available for use in such business establishment shall be licensed in accordance with Sections 5.60.010 and 5.61.010. (Ord 2408 §1 (part), 1990; Ord 1433 §1, 1972; prior code §18.66). 5.18.090 Pool and billiard halls-License required. It is unlawful for any person to manage, operate or conduct any poolroom or billiard room in the city without first obtaining a license from the city ,"v,,",cil.. manaqer or desiqnee authorizing such person to keep, maintain and conduct a poolroom or billiard room. (Prior code §24.8). 5.18.100 Pool and billiard halls-Petition for license required-contents. Every applicant for a billiard room or poolroom license shall file a petition with the city coullcil manaqer or desiqnee setting forth his name and place of residence, how long he has resided in the city, the building wherein he desires to conduct such billiard room or poolroom, and the number of pool or billiard tables, or both, which he desires to operate. (Prior code §24.9). chapter 5.26 - Public Dances 5.26.060 License-Fire hazard investigation required. The fire chief shall conduct or cause to be conducted an 21 .-I~~:¿ 7 & ~~/ __ - - - _________... ___..___._.~___...____.,,__..,_.._._.__,,___._ "u_ investigation of the premises identified in the application for compliance with applicable fire code provisions, and report findings to the chief of police al.}' [ir", ha..a,LJs wh';'.:.l. lhl': ht a,L';'~'" if SLH..h ap~li'-ativ.. i", 9,LahLeJ. The f';',Le ,-h';'",f ",l.all ",...hl"iL hi.. t':'!J':'~~ a~ ,L~ wh";Ll.",,L ~...ch !J.L'7lu';'~",,,, ,-a.. ~af~l}' J.,,,, \l"'",~ w';'thv...L a..}' t.",:..a~J a~,L"'u.': J.,eca...S", v[ f...,L'" tv Ll.", cluef of pol...c... I.. tl.", ;~;l.t L!.a.L L!.", f';',Le. ch';'",[' '" ~";!JO~ L i..dicaLe", thaL ll,.e ~,Le",';'",e& wa'} hot sa[",lj J.,.. ...~..J for Ja..c~h': J.,,,,caa,,,e vf Lhe fl.~.. haZa,LJ, hv t\l~ Lln:;l acl~oh ",hall J.,e la]..,,,,.. .....t';'l tl.", ....vJaJ,;,llo..'" ,-,Leal';'hg Ll.e haZchd have J.,e",.. ,-vl~",ct",J. (Ord 1170 §l (part), 1969; prior code §11.6). 5.26.070 License-Issuance-Appeal and public hearing of disallowed license. The director of finance o[[';'c",,L shall, after receipt of the recommendation of the chief of police, allow or disallow the license applied for, and if said recommendation is favorable, the director of finance offi,-",,L shall forthwith issue the license upon the payment of the license fee hereinafter provided. In the event that the chief of pOlice shall present an adverse recommendation for consideration by the director of finance vff,;,,-e,L, and said license shall be disallowed, the applicant may appeal said recommendation to the city cOI1..,-il manaaer or desianee within ten days of receipt of written notice by the director of finance o[[i,-e,L that the application for said license has been disallowed. Upon receipt of said appeal and paYment of fee as set forth in the Master Fee Schedule, the city Cl",lk manaaer or desianee shall set the appeal for public hearing. At the hearina. the citv manaaer or the manaaer's official desianee shall take testimonv and determine whether the applicant meets all the reauirements of this Chapter. and arant or deny the license on that basis. The decision shall be final. ill ca"',-vlJcdn...'C ~~Lh 3é\ooiL':'Du 6666 cL ò:n:::q. \wi! Ll.l.è GOvcxluuehL CvJe v[ Ll.e ",lale vf Cal';'[O,L..ia. (Ord 1170 §l (part), 1969; prior code §11.7). _ _ 5.26.120 License-suspension or revocation authorized when-Procedure. The chief of police of the city is hereby authorized temporarily to suspend any license issued under this chapter, in the event that any public dance licensed thereby is being conducted in violation of any law, or if there is such conduct being permitted therein which is offensive to morals or decency or which has a tendency to provoke a breach of the peace. Within five days of such temporary suspension the chief of police shall file written charges with the city cl",~]", manaaer. within twenty days of the filing of such charges, the city co.....,-11 manaaer shall cause an investigation to be made thereof and shall thereupon have power to either revoke the suspension order or to suspend the license for such further period of time as it may deem proper, or. to revoke and annul such license. fFor any violation of any of the provisions of this chapter or for 22 ~ ¿,----~;:L any cause based on public health, safety, morals, or general welfare, the city c.vuu",.i.l manaqer may at any time suspend or revoke any license issued under the terms' of this chapter. (Prior code §11.13). 5.26.230 Density requirement of premises location. In the interests of protecting the public and preserving the peace of the community, no permit shall be issued under the provisions of this chapter for any premises located within three hundred feet or less of premises for which a permit has been previously secured according to the provisions of this chapter; provided however, the city COUlic.!1 manaqer may, upon application and for good cause, waive said restriction. (Ord 1105 §2, 1968; prior code §11.27) 5.26.290 Youth dances-Taxes for permits-Refunds. The taxes for permits issued under this chapter shall be payable to the police department in advance, and for the several classes of permits provided in this chapter, the taxes shall be as presently designated, or as may in the future be amended..!.., .i.u ll... M6.",Le.l: F.... Sd.edule, S..",Liou 3. 26. 296. In the event that the application is denied or the permit is revoked, no part of the applicable tax shall be refunded. (Ord 2408 §1 (part), 1990; Ord 1672 §2 (part), 1976). 5.26.300 Youth dances-Grounds for suspension or revocation of permit. Any permit may be revoked or suspended by the chief of police upon any of the following grounds: A. The misrepresentation o~ a,_material fact in the application for a permit by an applicant or by the holder of a permit; B. The violation of any provision of this chapter by the holder of a permit; c. When the continuance of a permit would. based UDon facts and evidence Dresented to. or qathered bv. the chief of Dolice be. contrary to the public health, safety, welfare, peace or morals. (Ord 1672 §2 (part), 1976). Chapter 5.32 - Garage Sales 5.32.060 Penaltv for Violations. Anv violation of this chaDter shall constitute an infraction. and the administrative citation provisions contained in chapter 1.41 of this code shall be applicable. 23 ~ ¿{--2J -.-.-....-..----..'.- -~-- Chapter 5.35 - Bathhouses 5.35.123 Denial, Suspension or Revocation of License. Any license issued pursuant to this chapter may be suspended or revoked by the pOlice chief on proof of violation by the permittee of any provisions of state law, this chapter, city ordinances or any rule or regulation adopted and approved pursuant to Section 5.35.121, or in any case where the police chief, on the advice of the health officer, determines the bathhouse is being managed, conducted, or maintained without regard for the public health, or the health of patrons or customers, or without due regard to proper sanitation or hygiene. Where a license is denied or a license renewal is denied, or where a license is suspended or revoked by the police chief, such denial, suspension, or revocation may be appealed by the license applicant or licensee in accordance with the provisions of Sé"'L~ouQo !i.36.246 Ll!lvU~ll 5.36.3.26. I1.. LI.l.è c:vc:,ut ~~~1.L ~~ Ov ~~ivuQo cu. C u.t~li£oc:J, Llu:; pvl":''-c: "",1.Lief ":'Qo ð.....Lh.....,~ ":'~éJ Lv take Llu:: a,-l~ohQ tlle~c:ih Lé'::{u.iLcJ V.,L ð.I.4LllvL'::"Coc:J vf Ll.ié ......:.t.l .wa".I.c:L9c:l ChaDter 1.40. (Ord 2408 §1 (part), 1990; Ord 2256 §1 (part), 1988). Chapter 5.36 - Massage Parlors 5.36.130 License or permit-Issuance prerequisites-Appeal of denial- Transferability. A. Any applicant for a permit pursuant to these provisions shall present to the police department the application containing the aforementioned and described information. The chief of police shall have a reasonable time in which to investigate the application and the background of the applicant. Based on such investigation, the chief of police, or his representative, shall ..rend,er a recommendation as· to the approval or denial of the permit to the city manager or desianee. B. The department of building and housing, the fire department and the county health officer shall inspect the premises proposed to be devoted to the massage establishment and shall make separate recommendations to the city manager or desianee concerning compliance with the foregoing provisions. C. The city manager, or his designee, after receiving the aforementioned and described recommendations, shall grant a permit to the establishment if all requirements for a massage establishment described herein are met, and shall issue a permit to all persons who have applied to perform massage services unless it appears that any such person has deliberately falsified the application or unless it appears that the record of any such person reveals a conviction of a felony or a crime of moral turpitude. The city manager ~ desianee may recommend to the city council that an individualp 24 }frY/3J ¿'~;2Y business establishment shall þ'e subject to a public hearing and council approval, when in his judgment any such business establishment has an effect upon the public health, safety or welfare of the community. D. Any person denied a permit by the city manager or his designee pursuant to these provisions may shall be notified pursuant to Chapter 1. 40 reqardinq an appeal to tl,e elL}' c:.o.."cil ..." w:titl,,':I, SLaLih':l Lea....,,,s why the permit should be granted. The cit}' cOIl",..';'l lua}' ':ILalìt ..,L ..Ie,,}' the pelw';'L ahJ ..uc:.h decision pursuant to Chapter 1. 40 shall be final upon the applicant. Also, the city council may elect on its own motion to review any determination of the city manager granting or denying a permit. in which case. that decision shall then constitute the exhaustion of administrative remedv. E. All permits issued hereunder are nontransferable; provided however, a change of location of a massage establishment may be permitted pursuant to the provisions herein. 5.36.240 License or permit-suspension, revocation or denial-Public hearing required. Before denying, suspending or revoking a license or permit issued pursuant to this chapter, the city manager shall cart offer the applicant or permittee a hearing as provided in this chapter 1.40. (Ord 1312 §2 (part), 1970; prior code §9.53). Chapter 5.38 - Pawnbrokers, Secondhand and Junk Store Dealers 5.38.210 License-RevocatioD-or ,suspension when. In the event that any person holding a license authorizing him to engage in, conduct, manage or carry on the business of a pawnbroker or secondhand dealer, or any agent or employee of any such person violates or causes or permits to be violated any of the provisions of this chapter, or has been convicted of any crime involving stolen property, the chief of police shall, in addition to the other penalties provided by this chapter, forthwith suspend the business license or licenses and cause said business to be immediately closed. The chief of police shall notify the license holder of the suspension of said license by delivering a notice of such suspension to the license holder or his agent or employee. Delivery of such notice may be made personally or by placing such notice in an envelope properly addressed to such license holder with postage prepaid, sealed and deposited in the United states mail. A licensee, upon suspension of such license, shall have the right to appeal to the city .....,.."c:.ll manaqer from such order of suspension by the chief of police by the filing of a notice of appeal. pavinq appropriate appeal fees as set forth in the Master 25 ~ ¿ ~·..2-_5 Fee Schedule and stating the grounds therefor. Such appeal shall be filed with the city clcLk manaaer within f~ftcel1 ten days after notification of suspension. The citv manaaer shall utilize the provisions of Chapter 1.40 reaardina notice. appeal and hearina aovernina the exhaustion of administrative remedv for the revocation or suspension of permits. (Ord 1931 §1 (part), 1981; Ord 1761 §l (part), 1977; Ord 1008 §2 (part), 1966; prior code §17.18(A». 5.38.220 License-Public hearing on suspension/revocation. The city cled.. manaaer shall refer the notice of appeal to ll,e ...it.,)' ':'v..uc~l for hearing in accordance with Chapter 1.40, and the licensee shall be notified in writing J.,,)' ll,e ...it,)' ...lcLk of the time, place and date of hearing, which shall be not more less than ten days from the filing of the notice of appeal. Upou ':IVo..1 Ca....c ~e~u~ o::tl...vwu, tl...c ",""vuu\"oll .wax elt ':'L6 ~':';::n.....eL':'ou, oat à.u.otl.Lc~ L':'bn:: E'?~ 5Lh...l.l lu:::cu.':"u,=, ",,1:: ,-,-,Ul':"hUc 0\1"",1.& hCQ..iu,=" Cl.hJ. at U,u:: t':"w,'c::: 1..1£ oõ:tu,-h hearl.l.l9 ol",Ql1 l...ecu.. cviJeh("'oc: !-'rc¡:,éhLeJ at ò:tu(,.l... ð.l-'1-'èQl. Thc ,"oLIuL&(,.':"1 ~1"'Cl.l1 lU3.Ve U...e !-,Owc.. QL ¡:::u¿Gh lu:::,al.':"ug Lv ¡:n...5~chJ. 5u.....l& l":"",cuoc rul. a. ~ca.S,:",UCl.~~: 1:-''1;1...:..:,..1 vf L':"älc Ol. ...evuke ow"'}"" li"",eu¡;,;è. Tlu:: ò:u...i:.}lého':"vu 0.... .LèvvGðt':"vu vI 0\..1.<:..1... 11""'1:110:»11: shall Le ovlel.l w.:..tl...lh Ll...e J.i¡:,.,-l.cLivu of ll,e ...oUl1'-~l al1..1 o!.I.all be f~l1al. If the license or licenses of any person licensed by this chapter is so revoked, no license shall be granted to such person to conduct or carry on such business within six months after such revocation. During the period of suspension or revocation, the chief of police shall sequester any pledged or pawned goods and hold said goods at the police station in the city or other secured location, and shall post an appropriate notice at the place of business that such goods may be reclaimed at the pOlice station. (Ord 1761 §1 (part), 1977; Ord 1008 §2 (part), 1966; prior code §17.18(B». Chapter 5.44 - Race Tracks _ ~ 5.44.020 operation deemed nuisance-Abatement. Any violation of the provisions of Section 5.44.010 is declared to be a public nuisance, and upon order of the city couu...il manaaer or official desianee, the city attorney shð.ll mav immediately initiate proceedings necessary for the abatement or enjoinment of such violation in the manner provided by law. (Prior code §20.42). Amend Chapter 5.54 - Taxicabs - as follo'll's: 5.54.120 certificate-Grounds for suspension or revocation. A. Certificates may be suspended or revoked by the police chief: 26 ~ t /:;Lb 1. The owner fails to operate the taxicab or taxicabs in accordance with the provisions of this chapter; 2. The taxicab or taxicabs are operated at a rate of fare other than that which the Certified Operator shall have on file with the police chief. B. The city ...........eil manaaer or colice chief may suspend or revoke a certificate where it f';'..ds the owner's past record involved violations of city, state or federal law or endangered the public safety. (Ord 2408 §l (part), 1990; Ord 2003 §2 (part), 1982) 5.54.290 Appeals to city councll. Any actions taken by the police chief under this chapter are appealable to the city .:.0........,;,1 manaaer cursuant to Chacter 1.40. An SUch appeal to the Citv Manaaer must sh..ll be filed with the city .:.l~Lk manaaer and accrocriate acceal fees caid within ten days of the action of the police chief. (Ord 2408 §l (part) , 1990; Ord 2003 §2 (part), 1982). Chapter 5.58 -Tow Trucks 5.58.090 License suspension-Notice required-Appeal-Public hearing. In the event that a licensee under this section shall violate or cause or permit to be violated any of the provisions of this chapter, the police chief may suspend such license and shall notify the licensee of such suspension by written notice stating the cause and reason for such suspension. Appeal may be made LJ' tl.~ ap1>l,;,........t t... LI.e .:.i ty .......I1I&.:.il, c:Lud thê ~cGisiuu Ly tIn:: \.øouhcll, aftel co .f:'ubli.... l.eariI&9, ..1.411 L~ fil&al to the citv Manaaer cursuant to Chacter 1. 40 . (Ord 2408-§l ,(part), 1990; Ord 2003 §3 (part), 1982; Ord 1416 §1 (part) , 1972; prior code §18.304(F» Chapter 8.04 - Pood Handling Generally - 8.04.040 Violation deemed nuisance-Abatement authority. Any establishment or activity which is found by the health officer to be unsanitary or a menace to the public health or which is in violation of this chapter or of the California Restaurant Act is declared to be a public nuisance. The health officer is authorized and empowered to take such action as is necessary to preserve or . protect the public health or safety; the health officer is authorized and empowered to summarily abate such nuisance; otherwise, the health officer shall request th~ ....,;,ty ,"uu.J.I....ll t... illi::tL..LL.4""L the city attorney to seek a court order abating the nuisance. or reauest the citv manaaer to abate cursuant to Chacter 1. 30. Nothing contained in this code shall be deemed to limit the right and duty of the health officer to take immediate action in the interests of the public health, safety and welfare. 27 1?{/33 . ¿"--2? C/ - - ------~---_._--~-^._-~-~-~._.._._-'" - - - - ---------- - The remedies authorized by this section are not exclusive, but are cumulative to other remedies provided by law. (Ord 855 §2 (part), 1963: prior code §15.4). Chapter 8.08 - Food Handlers' Permits 8.08.040 Appeal from denial or revocation. A person aggrieved by the denial to him of a permit or by the revocation of a permit pursuant to Section 8.08.050 may appeal from such denial to the city "v..."....a manaqer in the manner set forth in Se"L';'o" 8.68.266 Chapter 1.40. (Ord 855 §2 (part), 1963: prior code §15.9) . Chapter 8.32 - Weed Abatement 8.32.020 Weeds or rubbish-Serving of notice to remove-Contents. The notice required by the preceding section shall be given by posting in a conspicuous place upon the property, land or lot located in the city upon which, or upon the street, parkway or sidewalk in front of which such weeds, rubbish or other material may be, a notice headed: "Notice to Clean Premises" in letters not less than one inch in leoh': Lh heiqht, and which shall be in legible characters, and which directs the removal of the weeds, rubbish or other material, as the case may be, and refers to this chapter for further particulars. Personal service of a notice similar in substance upon the owner, occupant or agent in charge of such property, land or lot, shall dispense with the posting of the notice herein provided for. 8.32.030 Weeds or rUbbish-Nôtic~ to remove-Appeal procedure. Within five ten days from the date of posting of such notice, -or in case of personal service of notice, within five ten days from the date of such personal service thereof, the owner of or any person interested in such property, land or lot affected by such notice may appeal to the coul,...';'l city manaqer pursuant to Chapter 1.40 from the requirements thereof. S",...h ap~c",l &h",ll Lc .;,,, Ih,';'Liì,': ",In} shall Leo filcd wiLl. tl.c ...ity ...leo:lk. At thc "ext ...eogûl"':l lucctil,': vf tll1:'" \,oovuh(,.':'l, iL sl¿ð,ll 1-'1:::o\.oeed tv l...eð.1::: aud pao:.a upvu õ:Þll.\....l... A¡",I:.nc;al, Aln] tIle J.1I;,-,':'sivu of tIle ,-"uuu(..il Lhercu~vh õ:Þl.LClll Le r':'uQl a.uJ. c.o"...l...sivc. (Prior code §14.40). 8.32.040 Weeds or rubbish-OWner or occupant duty to remove-Time Iimi t. It shall be the duty of the owner, the agent of the owner or the person in possession of any lot in the city within ten days from 28 ~ ¿~;:Lr the date of posting of the notice provided for in section 8.32.010 or in case a personal notice is given, within ten days from the date of such personal service thereof, or in case of an appeal to the ...v...I1....a citv manaaer within ten days from the determination thereof, unless the same is sustained, to clean and remove therefrom and from the street, sidewalk or parkway in front of such property, all noxious weeds or vegetation, except such as are cultivated and grown by such owner, agent or person in possession of such property for ornamental purposes, or for food for man or beast, or for fuel, and all dead trees, tin cans, refuse and waste material of all kinds which may endanger or injure neighboring property, or be detrimental to the health and welfare of the residents of the vicinity, or such rubbish, weeds, noxious vegetation or any other material as may be deemed a fire hazard, and as such endanger the city, and the removal of all such weeds and vegetation, or other materials of all kinds hereinabove specified shall be completed within ten days after receiving such notice, as hereinabove provided for in this chapter, or in case of appeal to the cv..uc.il ci tv manaaer, wi thin ten days after the determination thereof, unless the same shall be sustained. (Prior code §l4. 41) . 8.32.070 Assessment of charges-Appeal of determination. The determination of such charges by the fire chief as to the amount so assessed may be appealed to the cv..u...il ci tv manaaer pursuant to Chapter 1.40. If, upon appeal, the requirements of the original notice are modified or the amount so assessed by the fire chief is modified, the fire chief, in removing, or causing to be removed such articles, rubbish, weeds, vegetation or other materials, or in making such assessment as hereinabove provided for, shall be governed by the determination vf LI,,= ...v..I1....;,l so made. (Ord 1588 §1 (part), 1974; Ord 1509 §1 (part - ~ Chapter 9.12 - Gambling 9.12.210 Bingo-Application denial, license suspension and/or revocation. A. The chief of police may deny an application for a bingo license, or suspend or revoke a license, if he finds the applicant or licensee or any agent or representative thereof has: 1. Knowingly made any false, misleading or fraudulent statement of a material fact in the application or in any record or report required to be filed under this chapter, or 2. Violated any of the provisions of this chapter. B. If after investigation the chief of police determines that a 29 fi'/ 33 ¿~2( bingo license should be suspended or revoked, or an application for such license denied, he shall prepare a notice of suspension, revocation or denial of application, setting forth the reasons for such suspension, revocation or denial of application. Such notice shall be sent by certified mail to the applicant's last address provided in the application or shall be personally delivered. Any person who has had an application for a bingo license denied by the chief of police, or who has had a bingo license suspended or revoked by the chief of police, may appeal the chief of pOlice's decision in the manner provided in this chapter 1.40 to the citv manaqer. (Ord 1695 §2 (part), 1976). 9.12.300 Casino Parties-Denial or Revocation of License. If the license is denied or revoked, the chief of police shall prepare a notice setting forth the reasons for such denial or revocation. Such notice shall be sent by certified mail to the applicant's address provided in the application or be personally delivered. Any person who has had an application for a casino party license denied or revoked by the chief of police may appeal the decision of the chief of pOlice to the city coul.c.a manaqer pursuant to Chapter 1.40. (Ord 2253 §l (part) , 1988). Chapter 9.13 - Live Entertainment Licensing and Regulations 9.13.090 Allowance or denial of application and appeal. A. The chief of police shall issue, conditionally issue, or deny the license for which ...application is made. The chief of police shall have the power to deny any application if it shall appear that the applicant, or the person to have direct management of the premises, is not a suitable or proper person to carry on the business for which the license is sought, or if the premises proposed to be used in the conduct of the business to be licensed shall be deemed not to be a suitable or proper place therefor, or if the health, welfare or public morals of the community warrant such denial. The chief of police may issue the license upon such conditions as he determines would eliminate the situations which would otherwise result in denial of the license. otherwise, the chief of police shall issue the license. The applicant may appeal from the denial of license, or from the issuance of a license upon conditions, in the manner provided for herein. B. Any person aggrieved by the denial of a license or by the issuance of a license upon conditions may appeal to the city "",\"Iu1..,,,i1. 3...",,1. a1-'peal shall, wiLl.ilì f';'ye J.a,lS afLel uoti<..c v[ dehið.l of a. licehae or i6Þu.c:Lh'-ê vi ð. l':"CèhQlè U¡"vh COuditivh, 30 ~ t> -3 ó L", [il",J w';'U. th", city ...1",J.].." Ivhu sl.all s",L tI.", matt",J. [UJ. heaJ:i1.g as ..';'ul1 ð.. 1-J:â...L';'.:.al dud uol';'fy L.r wa';'l tl.", ...I.';'ef vi }.J\Jl~.....è ð.lul Ll..è Q,1-'J:llicð......l VoL. li(.oc;uo:toc;oc; o.c Ll.LC ti.w~ QU~ ,plð.<:"c ~ç;L f OJ. said 1.",aJ: iu': manaaer pursuant to Chapter 1.40. Any interested person may appear and present evidence at the public hearing. If the appeal is from the denial of a license or from the issuance of a license upon conditions, the city ,:,oL1u...il manaaer or desianee may deny the issuance of the license, issue the license, or issue the license subject to specified conditions if it determines that by the imposition of such conditions reasonable objections of the chief of police would be eliminated. The action of the city cOllu....;.l manaaer or desianee on such appeal shall be final. (Ord 2253 §l (part), 1988). 9.13.120 Suspension or revocation. In addition to the causes for denial of a license as set forth herein, any license issued under this chapter may be revoked or suspended at any time after a hearing, notice of which has been given to the licensee more than ten days prior to said hearing, when the city ...UL1ucil manaaer or desianee finds: A. The conduct of the establishment is contrary to the public interest, or does not comport with the public welfare; or B. The establishment has been operated in an illegal, improper or disorderly manner; or C. Any person listed in the license application has violated, or permitted any violation, or has been convicted of a violation of law in the course, conduct or operation of such business. A conviction in any court of competent jurisdiction shall be sufficient to justify a-finding under this section, excepting convictions for misdemeanor traffic violations. (Ord 1833 §l (part), 1978). 9.13.130 Convictions. Upon receipt of a certified copy of a judgment of conviction of a licensee under this chapter of any violation of any provision of this chapter, the chief of police may immediately suspend the license or licenses of such convicted licensee, remove such license or licenses from the premises and deliver the suspended license or licenses to the city COllh.:.il manaaer for safekeeping pending a hearing pursuant to Chapter 1.40. If a hearina is reauested. tThe ...uL1ucil citv manaaer or desianee shall immediately thereafter set a date for a puLl.;.... hearing no later than Lw",hty r.;.y", ~ days after the date of suspension. At said hearing it shall be determined whether the license or licenses should be suspended further, modified, conditioned or revoked. The .:.uLU....ll citv manaaer or desianee shall notify the licensee in writing of the 31 ~'J7 ~-3l _~___^.__ . '._. _...__u_·~,____ decision. which will then constitute the exhaustion of administrative remedY Cau",,,, fOl ",u"'~"'a",.i.oa a11\1 Lh", Jat", al1J ~la\..e of Lhe heal.i.a,:! 110 less Lhaa tea dais b",fvl", Ll,e JaL", seL fOL ~u"'¡, ¡,eaL.i.ug. (Ord 1833 §1 (part), 1978). 9.13.140 Noise abatement. Whenever after a hearing, notice of which must be given ten days prior thereto, it shall be determined that noise from any establishment licensed under this chapter interferes with the right of persons dwelling in the vicinity of such establishment to the peaceful and quiet use and enj oyment of their property, the <.vuacil city manaqer may require that the premises be soundproofed in a manner that .i.a th", juJ,:!weaL of Lh", \..oua\...i.l will be eiiêcL.i.ve t.v eliminate the noise or reduce it to a reasonable level. In taking any action under this section, the <.vuacil city manaqer must balance all of the interests of the respective parties, as well as the hardship which will result from any order. If the GOuaCil city manaqer finds that the noise complained of is of a minimum or inconsequential degree, no action shall be taken under this section. If a licensee fails within a reasonable time, and after having been ordered to do so pursuant to this section, to take such steps as were ordered to abate any noise, his license shall be suspended after a second hearing, ten days' notice of which must be given, until such time as he complies with the order. The provisions of Chapter 1.40 shall be utilized for the appeal. (Ord 1833 §1 (part), 1978). Chapter 9.18 -Rental of Housing for Drug Activity 9.18.050 Declaration of Public Nuisance. In addition to any other enforcement action, the city manaqer. or city attorney may declare an .alleged violation of Section 9.,18.020 or the activities described therein to constitute a public nuisance and may commence abatement of the conditions giving rise thereto in accordance with Health and Safety Code Section 11570 or Chapter 1.30 of this Code. (Ord 2337 §l (part), 1989). Chapter 10.80- Abandoned Vehicles 10.80.010 Purpose and intent of provisions-vehicle declared nuisance when. The purpose and intent of the Council in adopting sections 10.80.010 through 10.80.120 is to establish procedures in a\..\..vl.Jal.<.", with Lh", ~lvv .i.",lva", vi pursuant to Section.§. 22660 to 22664 of the California Vehicle Code for the abatement, removal and J.i.",wal.Ll.i.a,:! disposal. as public nuisances, of abandoned, wrecked, dismantled or inoperative vehicles or vehicle parts theLeof from private plo~"'LLy or public property, not including highways, and the recovery of the cost of administration and removal thereof pursuant to the provisions of section 38773.5 of the Government 32 ~ ?-:7.;2- Code of the state of California. Iu Q.JJ.~L";"Oh Lv alnl ~u aG(..v.L.J.a.h~,= w';"Lh tlu= J.cLé.LJ.u';"hat':"vu .waJ.c ahJ. tin:;. Qu.Ll...vJ:::ilJ' ~.LautcJ. L,}' the stà.le vf Califuluià \:ll.Je1. ",,,,ctivu 22660 vf th", Vehicle Cude of t1,e õ,LaLe vf Càlifv1.1.ia tv reluOv", aba1.dou",J, wLcckeJ, Ji",wautl",J 01. i1.O¡""'LaL';'ve v",¡'';'cleõ, vr pa1.L", U''''Levf as pl:lblic hû';'",au",,,,,,,, U'''' ciL)' J.l.lahcò:lo tln::::: r\Jllvwih~ r";"l1\liu~¡:, ð.hd dl::"",la.L.alioho. The acculuulatioh g,hd ,;LvLage vf aba1.do¡,,,,J, w1.eckeJ, J';'",wa1.tl",J or i1.0l-'",rati11", vchiGlc:=o VL part,; LherevL Oh ¡"L.i..vate \.IL l-'..Ll ic l-'LVpert)' uot ..;...In....luJ...:..ug l.i': hway", ..L~ fvuud to "'L",aL", a cOuJ.i..tiOh L",udih9 tv L",Ju",e the value of l-'rivate I:>lVl-''''L L)', tv l-'romot", Llig1,t auJ J",Leriorat';'vu, tv i1.vite l-'luuderi1.': , Lo \.oLeate r':"""1:: l...a.~aJ::J.& , Lv cou",L.i..Lute ah aLLLaCt';'.", uo.iõ,au",e creatiu': a haza1.J tv the health auJ safety v£ .wihuL::J, to c1.eaLe a harLvLa': e fVL rode1.t", a.ud ilh:u::::\....L~ ahJ Lv be luj u,.L lO\1$ to Lhe 1,,,,al th,' saf",L)' al,J yc:.aU:::,L. Cll wc:lfCL.L.e. Tl":C:.L.efore, tl,,,, J?J:::éi::tc:.uCe.. vL Clh aLc:u..IdolaèJ. , w.Lec..keJ., J.':'omðntlcJ VL ~1.operat~v", vehicl", U.L palt", Lh",reof, \,I.U ~.L':'yatè Vol. I:>..LE... l-'Lvpe1.l)' uot iu'-luJ.":"u9 hlyhwCl..lo, eX'-II:}o'L a.5 eXl-'Le,;",ly herei1.afL",r pelw';'LLêd, is J.c\.olc:u. c:d lv COhõ,titute a l-'..Llic ¡,u';'",auce wh1c:.h wa)' L", abateJ a... ",uc:.l. i1.1 ð.("CO:r:d~h'-l; w";"Lh tl.~ê 1-'....vvi$iuh~ \"If õ:l'c"",L':"Ol.lþ 16.86.610 t1.rou': 1, 16.80.126. (Ord 2668 §l (part), 1996; Ord 1338 §l (part), 1971; prior code §19.2301). 10.80.030 Exemptions from applicability-scope. The provisions of sections 10.80.010 through 10.80.120 shall not apply to: - - A. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner, or otherwise stored in a lawful manner behind a solid fence, gate or wall not-less than six feet in height, and where it is not readily visible from the street or other public or private property; or B. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junkvard Jeal",1., vr when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise. This exception shall not. however. Nvt1,.i..u': 11. this ...",,,,L.i..vu shall authorize the maintenance of a public or private nuisance as defined under the provisions of law and elsewhere in the Code Cl.al-'l",L 16 vi 61v1",ioh 11 vf U'''' ·'¡ch~"""le Cvd", vf Lhe ,;tð.te vf CQ.l~rvJ::h~CI, àhJ i::tca",..l":'vJ.15 16.86.610 LhLvugh 16.86.126. (Ord 2668 §l (part), 1996; Ord 1338 §1 (part) , 1971; prior code §19.2303). 33 ~ ¿~J;> _H_" .___.___ --.'-'-'-" - _.--.-._----_.._.._~_._--- ---....-." , 10.80.050 Enforcement authority-Right of entry for exa&inaLion. E~'-'cpL Qi::Þ vtln:.Lw":"Sè p~vv';'dc...l he:reilil LIn:: pJ::vv":"siuus \.If sectiol1", 10.86.010 Lhu:,..gl, 10.80.120 shall J..,e àdmÍl,iste,Led a"d e,,[vb..e..1 J..,)' tl,e elL)' abatewenL office1.. III Lhe el1[V,L...ewe"t vf the seeti~h'" ",ite..1 abOve, sad, o[fiCe,L al1..1 his ..1elr..Lie", way e"Le1. ..J?v" p1.ivate 01. ~w..li... 1r,L01r..,LLì Lo eXàwi"e a vehicle V,L 1ra,LL6 Lhe1.eo[, V,L oJ..,Lall1 i"[v,LwaLlo,, as Lo LI,e i..1el1Lity v[ a vehicle (b"d Lv ,LewOve vI ca..se LI,e ,Leluvval o[ a vel,i...le V,L 1ra,L Ls LI,eIevf) ..1e.:.la1.e..1 tv Le ð. uû';'i::Þð.u\...oè i."....Li::Þu.a.n.t La LIJ.è ;:,c\"óLivu60 ,-lteJ. aLvve, ":".11. CI\".(..VLJ. wlLh Ll'::tht \.If éuL.I.,..l t'Lvv..L6>..Lvu,5 i:JcL fV.LLh ill. ì::u::c.llvl¿ 1.16.016 vf thi", ':'0..1... Provisions of this chapter shall be administered by reqularlY salaried full-time employees of the City except that the removal of vehicles from property may be bY any other dulY authorized person. Any such authorized person may enter upon private property for the pUrPoses specified in this section to examine a vehicle. and remove or cause to be remoyed the vehicle declared to be a nuisance pursuant to this chapter. (Ord 2668 §1, 1996; Ord 1338 §1 (part), 1971; prior code §19.2305). 10.80.060 Abatement-costs-Procedure generally - Notices required _ Form. Any vehicle located on property other than a hiahway may be removed as a public nuisance and disposed of in accordance with the followina procedures: A. Whcu. tlu:: ,-lL,}' ,-,ouu",';'l IJ.C~i:J c.ohl.La~LeJ. w';'tlJ. 0.1. gLcdiLcJ Q r.LCl.1Jl....1J...:..~e Lv Clh} }Jè.Lò:)vh or t'e.:r~v.us, ¡;:n.&c.!... PèLi:IOOh or 1:Iè1o::.vhi:) ~~ðll hI; aull..ol";'.c.eJ Lo .s::htc_.L 111-''-'u }.ILlvale ~.LVpt::... L.l \oiL ,!-,uLllc p:tv!-'crt.l, ih aCvvlJ. witl.L l.i~l...t \.If éuL.L.l }ll.Ov':'siv.l.ls i::Þet fOl.lll 1.1.1. óc,-Llvu 1.16.616 vf tl.....:..i::Þ ",""vde, to .a.èluvvè v.a. "-c:LUi::..::: tl.l.l:: l:c.wvvð.l or ð vel.l.":',,-le u:t' l:'c:Ll:t~ tln:.a.èO£ dè,,-lð.a.cd Lv Le c:L l.1.\14õ:1Oc:Lh\.óc ì-'u..L~u.Q.ut Lu ~c,-",LivhS 16.86.616 Llu..vu'gl.l. 16.80.120. Not less than ten (10\ days prior to any removal or disposal of a vehicle. a notice of intention to abate and remove the vehicle as a public nuisance shall be issued unless the property owner and the owner of the vehicle have sianed releases authorizina removal and wavina further interest in the vehicle. The notice shall contain a statement of the hearina riahts of the owner of the vehicle and of the owner of the property on which the vehicle is located. The statement shall include notice to the property owner that he may appear in person at a hearina or may submit a sworn statement denyina responsibility for the presence of the vehicle on the land. with his reason for such denial. in lieu of appearina. The notice of intention to abate shall be mailed. bY reaistered or certified mail. to the owner of the land as shown on the last eaualized assessment roll and to the last reaistered and leaal 34 ~ t-3( owners of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. B. Tl. .~ .....~Ll' ,,",-,\.1.£1(..';'1 ól¿Clll, f..LVW t~w,= to t';'wç:, JetcLw';'ué 0.1.1\1 r.;.x a11 CllUvu.ht Lv Lc ai:ti:té60¡¡;::n:::;d à.o::ao cu}w..:.l.aio:::tL....atlvc (..U¡: oL¡:'f CA,(..luJ.ill':j tIle a......Lu,â.l ,""v6tL of Leì.uovQ.l '--If au.l \Ich':'"",le "",1: 1:-'a...L L5 t11cLeof, Ill1de.t the &.:...tio.... cited aLo~e. The cost of removal and disposal of any vehicle and the administrative cost thereof mav be charaed aaainst the person who is determined to be responsible for the maintenance of the vehicle as a public nuisance. c. UpOI1 Ji..",o1;/ e.L il19 Ll¡e eAi~ ten.:..: of ,,11 "baI1Jv..eJ, Wl ecked, di~.wa..utlcd, V..L ihOpel.â.L':'vê vel...i,,!!;, ur }Ja..L L~ LhcLéOf I 0.11 };.1L';'YClte l'.Lv!:-'éì.Lj' 01:: 1-'uLlic }JJ::o!:-,cLLy w';'Lh":'u tl...c ",iLl', Ll.l.ê .....":'Ly aLaLcmeht uCri,-"c.L ~l¿c;¡ll ¡¡ave LI...é c:u.Ltho.L":'t:l to ,-a14¡:,oc lIlt:: aLaLclut::IIL al.ad LéILIOvQl lllé.téuf 1..11 ð""""",OlJ.cu"''-1I: w":'Lh. the ~.Lv.:.eJIlLe.. ~~e""'.LiLeJ he.Lclu. Vehicle may be disposed of bv removal to a scrapvard. automobile dismantler's yard or any suitable site for processina as scrap. D. A tell. ~c:Ly uuti(..c '--If ihLchtiuu tv ClLate Qh~ .&.cmo~c the velli(..lc, or 1:-'ClL L.::a Ll...c:téO£, a6 Q .tJuLl':'c J.U.....Li:U~,I1\...C CtI.La.l1 Lc 1ILA';'lcd L)' cêxtir":'cd wCI":'l Lv Ll...é uwhê.L of tl¿e la.uJ AuJ to ll¿e vwher vf the t¡ehl"",lc, ulllè~~ tl¿c vehlGle ...~ l.u ~u,-l¿ cOuJ~liou Ll1C.\t idéht.lrl"",all\.ll... h~èl~ a.l:c hoL a.VA':'lCLLlç Lo J.etè....¡uihé owuc....~hil-'. Thé u\.lti,-cs of ':'uLèhLloh ~lu:lll Lc lh ~u.L~tCLuLlðll}' the fvllow';'u':! fo.Lw". "NOTICE OF IHTEHTIOK TO ABME AKD RBHOVB ldf ABldfÐOlŒD, 1fttBClŒD, DISMfdftIiEÐ, OR IlfOPERM'Ift ftBICIiE, OR PldtTS ......DOl', AS A PUBloIC IfUISfdfCE TO. - (Nawe allJ "dJ¡;e..s of vwn.:l. vf Ll¡e lalaJ) At:, \.Iwu,el. 61¿\.Iwu \.IU thc lAoL c\iuCLlil.cJ. ð.õ:Jõ:Jc~~wèuL i::\.Ill \.If LI¿c lAìul 101",;CLLeJ. a.L (ð.J.J.LC~$ \.If l-'J::\.Il-'c.LL~), ~O\1 CL.LC l...è.LcLy ì...\.ILlflé..l Ll¿Clt LI¿c uuJc....oigucd, }.¡u.L~uð.ul Lo 1",;hal-'tèl 1. 36 of TlLlè 1 \.If tl¿c Cl.d1la. "Ji~la luuul"",i}.¡Al "",o..1c l...a~ JcLc1::lU.lucd tl...at tl"'C::.Lè cAl5t~ 1J.1-'0u ì:JaiJ lAuJ ca.h (\.I.... }.¡ð..LL~ of all) CLLahJ\.Iucd, W.Lcckc.J, di~uLiCl.uLlcJ. \.I.L ':'Ü\.Il-'c.LCltivc Vèl.l':'"",le, .Lc9i~Lc....cJ. t\.l (u'ð.¡uc of \.Iwuer \.If vel...lGlè), l':'c~u~e lù.&.wLè1:: ... . . . . . .., wl¿ic..l.l "",OuoL':'tulco A l-'uLl':'G uu':'~du"",c pl&l~uCl.lìt L\.I Lhc J:I.LOV':'~':'\.I1...6 vf cl.lð.l-'Lèl 1. 36 \.If TIlle 1 \.If tl¿e wUhi'-':'l-'al ""'\.Ide. You aLC l...ercLJ' u\.lt':'f':'eJ. Lo aLa.te Þa':'J ha':'õ:ta.h1",;c 3S /9-,Jijl ¿{ ~ 7 ~ __'" v! /_ - --...__..-. .-.--"'.-,...-.-...-.--.----.- ---..- ---_.._---_...._---_.~ Ly tl.e "-,,,wolla1 vf sa' d &1' of a v ",h';'",1",) witl' "'10 v ....",1& (01. 6ai..1 !oJa... L.. llla';'1ill':l f tl i .t.'.' ..1a)-.. [...0111 Ll,e dal", of v 1 ¡:, uv oLe.,=- d p . to ..Iv 6v, Ll.", s.a.lI'" wi1í L~ L VII yOIl1. fa111l.Le by th", ...';'ty a. ..1 tl t '" ated "'lid "''''l1Iov",..1 . t: ' . .'" ",vs .. th f t: W..L h aJ.J.u..lu";';:,txaL· é 0 L 'CLCV, oyc:L11éL OWUCL vf tl.lè 1 .J..¿ '-' 0:::. ~ c:Lõ:tõ:têS60c:J. tv }luu as sai..1 !oJa!. t5 vf aall eh ~~1 W~....~h sai..1 veh';'c1e (01. .. e 1S 1vcated. A6 Lh", VW¡''''1. of LI,e 1", ..1 I I' . (VL ò:Þa.ld }lal. Lì::I of l~l .\.1 i W 1.L~11 ¡:,al.J. vehl\..ólt:: t '" . ....c ",j 1.. 10 t: d al.e .ex",by lIotif' e..1 Ll t "'''' e , yv... ..1"'yS ",ft",l. Ll EO ~ai1,·a y~1l 1I1~y, with';'ll 10 ":"uLeuL":"ou, ì.c:~~c¡:,L ~ .Ll19uLl' LIllo:.. uotl"",ê of 0:.1.01.,-1.1. a. l.c":Iu.è<:tL i at }I ..LG lu::::ð.l. ..Lu·9 aud lr ff' , .. II ..."'c......e..1 L tl b 'ld' o ..L,-,,1.à.l 01. IIi;::, OJ:: he... ..Ie ' ~. u;: U..L ..LU9 day !oJe!.';'o..1 II e c' L b s1gllee w...tl....¡, .....ch 10 l...Cl.voc:; tIn::: a'uLll~.L· t; ..YL a. tt.'t.J.UèìlL vfri,-"c1:: õ:thall to 1 .L vaaead e . .&1...", '" (0... Sè>'..1 pa L f II "- luv.e ..a.....1 IIbl ' ...... s. v t' 1 j }I 1."", 11uii:ta..uGè cd)..} a~ 5 Q. ti ......'- e ð,õ:Þ ð. a[ol.csald ~":"tllvu.L ð. uLl .i:JC 1;:' ..Le ,-,oÞLõ:t a6 õ:tu:LlulL a. ;:,WVLU ~.L":"LL~ Þt'" 1cal...LU9_ Yu\1 WCI...Y 1Ð del)' pC:,J.loJ ..lei . u atèw'Cl1t will...lu oth...h !oJ:..",s.","ce of ..ai..1 I)-~ï~ îes.(vIl6';'L~1';'LY fox Lli", I . . ....'" EO 0... sa}"..1 p t: l1è ll.cIe} VII i::JQid 1 1 J.' a.L ì::I \-If a dcuiAl, bud ¡:;,uc.:l L t.' W~tLh jrvu:t: ~eå¡:;,vu5 fo.&. . .. '" ",J1lell 51 11 Le t as Q .&.e":lucst foX" I . It;¡, '-vuS .L.UeJ. , ...",...111':1 t wi' t J:.ILec.cuCè .....s uvL ui d Y Q 1..L\.o I .lOu.&. Le"i LC. 0 a . pel.5vu at ahy 1 e . ... w",y ~!oJea1. ...11 o,-"ue:t: vf tIle ~~lli~îu9 ~é~,:,e~i7d L.l .lvu oJ.. Llle PX:cc.cht. Q cowv:t:l.L w...iLcL ~ ' Ll.lt. .....êl. tIlcLeof, lua.l iu Liwc rv... c . d c J. co a ewéh Cl.CJ afOl cCJaiJ. NvLl,-"é Ma~leJ. vUCJ~ c...ð.l..LVU aL 5u.\.o11 IlcA:t: iu':t . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . - -' ldf ~~~ O~Ø¿:',H'fIOH 'f0 ABATB ldfD REMOVE - VEBICl.B, OR PÍ.RTs 'fBE:Bo~ISMldfTl.B ), OR IlfOPERA'flVE (Naw", au..1 a.1..1...",,,,.. vf íaA~ ~ P':'B~IC IlUISldfCB 'fOe lè9cal vwuèl. r '- CJ c':f.....CJ cJ:::eJ. ahJ./v:t: uvLi,-"c sIlvulJ. bé v. Le t~J. '-If véll~\.olè '::f..LVCU v LvLII if J.iffè:t:cut) A.. lAc.L lC'::f~ÞlcLcJ. ( d ~ 1 :"",,,,01...1 of (..1 s. '~L';"u IV... "'':Ia1) owuex vf c '-"L..L ..LOll or I' 1 luvJèl, li\.oèi ~ t:) VC 1..L\.o C luaké lllaL LIlc J c, u~ J.c.. '. jvU aLè hCLeL:r uot~ricj t::' J c:t:CJ.....yuèJ Ul. t:: Sé'" ..LOll le.S6.Gle 1 J' .~ ~u.ð.u Lo v clli'-1c (oJ::: L' rlð.;::. c~e~w..LuéJ Lllð.L ~ã.~d b J:.ICl.L õ:II 0 CI. vcl.L~\.ol) . t:: à Cl.1..L\JvueJ., wX"c\.okêJ., J~Sl tl d"= C~~þ õ:II dò:t ah veh~",le ât (de r ibe 1 UCl.U L'''= VL ..Lh0.t:'eX"ã.l~l1é ;::'\.0 O~CI. ~ûh Oh puLl~c OJ::: 36 ~ j ':J ¿ pL';'vàte :JLvP",lL.l) al1d ...vustituL",,s, a pub 1';'" l¿U~i::)a.l.Lc.e pUl.¡:n.4a.ul Lv LJ"" !-,LVY..L;::,1.vlu::t vf .s.ai..1 \"ovJ& .:n:a....LlOl1. y",,,, <!oLe hereby uotif';'ed tv aL<!ot", s<!o';'d hui,s,auc;e by tl.e Lewvval of ",ai..1 v..lll...le (VL. ",aiJ. :Ja!:t,s, of a. vcl~':'\"olc) wl.tl.l.':'u 16 JCI..1õ:2 £.¡".v.w the datc vf the lua';'liug of Lhis uvL';'c:.",. As l",y';',s,L",Led ( auJ.t' Ol légàl) OWuct: of LC,"VL.J. vi s<!olJ. v",J.';'c:.le (VL 6à';'J. paL Ls of a v d.';'...le) , you aL'" J.",leLJ uotifi",d tJ.aL yo", may, wiLl.';'u 16 dc.\l'i::) afLe!: tI.", lua';'l';'¡,y vf tJ.';'s uvL':'c.e vf ihtcuL':'ou, !:",,,,,,,est a puLl';'... hccu. ill'=' QUJ. ';'f 5\1,-,1... Q 1::c~u.e6>t l;::, hot Lc'-civcJ. LX LJ.è L",llJ.';'ug orrl....lð.l ......1. hli::) ",,]:: he.&.. J.ei:f':'yuee wltl.L':'u 5,,",,,...11 16 J.a.:J peL':'OJ., LI.e "'.:. L.l QLð.te~n:::'uL Orri"'CL ",I.all l.lave th", authvLity Lv aLaLe ð.uJ 1:c.wv'Vè i:fa,iJ vehi(..l-e COoL i::)CL':'J. ~cu. L;::, v£ a. v-el.l.":',-le) w':'Lllvu.L a. lu::al.':'ug. Noti...", Mail",J. . . . . . . . . . . . . II . . . . . . . . . . (Ord 2668 §1 (part), 1996; Ord 1338 §l (part), 1971; prior code §19.2306). 10.80.070 Abatement-Public hearing required when-Notice-Bulldlhg otticl.l Manaaer or his or her designee authority. Ir. U~vu Leqa",,,,L LJ LI.l.e vwuct: of tIle. vcl....:.c:.;l'll:: U,L tl.l.c OW I. u::::.&.. vi tJ.e laì.lJ. .LeGe.ived LJ' the L.....':'ldiuy orri"",':'al \,11. his \oiL he.... J.cSig.ucé wilt...in l.eu J.CI.li:f aftcL th~ mailih,=, of Ll~e hoL";""",e vf ";"ht~utioh to aLaLe auJ. l.cmOVé, a puLl';'c; hèaLlhg ~l~all L", J.èlJ. Ly Lhe buaJ.iJ.~ vff";""",";"al VL l~is VL I."'l J~5iç,~u::;~ Oh Ll~~ ':Íu.~~LivlJ of aLate!lI",..L ahJ. rewvval v.f Lhe v..hicl", or paL L", ll.",leof as QU aLa.udohcJ, wì.~ckeJ, J.";"5luà.hllcJ. \,IL ";"1l0}.l~LaLi\1~ vehi.....lc, ð.1lJ. Lhe a6~e5s1ue:uL of Ll~e aJ:w";"U";"6tLQ,L";"vé .....vSt6 àud the .....ost \,If Léluvval vf the velli.....le: 01. .1:-'aL Lo::. LIJc~e:vr a'::laill~L Lllé }oILV!-,CL L,y OlJ wlli(..l~ iL ~i:J Iv"",ateJ. UDon reauest bv the owner of the vehicle or owner of the land on which the vehicle is located. a Dublic hearina shall be held before the citv manaaer or desianee. This reauest shall be made to the manaaer or his . desianee within ten (10) davs after the mailina of the notice of intention to abate and remove the vehicle. B. If Lhe: vWhel of tI.e lahJ. suLJU";"Ls a ~wO.rh ~L";"Ltcll ~Late:lUelJt dc.u.r~ug L.Ci:J1-'oh~~L~l~l.r £Ol. Llle PLC~C;Uc;,e of LIle ucl~':'.....lé VII Ilis lahJ. w":'Lll'::'u i:Ju.(..II Lc;h J.a,y PèL~""'J., ~al.J. stc!aL",weht ~IIQll L", .....VIJStì.U.CJ. ai:J a .l.equ.ci::ÞL [VL a lu:::aL~1I9 whl......IJ. Joc;õ:t lIot l.c,,:!u.l.l.è his .1:-':té6cu,,",c. Nvtic;", of LIJ.e heaL ";"119 o::.IJ.all Lc lUailc::J Ly ce.rtif'::'cd lua'::'l, at lea..L LelJ J.aJ5 Lc;[v~e tIle llea.t ;"IJ9 to tJ.", OWheL .....£ tIlt:: lallJ Qud t\,l Lhè .....wué.r vf LIJ.é vcIJ..:......le, u.ulé6o::. LIle: l1elli"le i~ '::'11 6u"",h COudlt";"oh tllaL idchL";,,r";"cat";"\,Iu huwLe:t~ a.Le: 37 ~ ~~J/ ..n,..__,.. hvt. aYa~laLlê Lv JetêLlU~.lJê vWlael::6.11~p. If =-\:1.\.,11 a l.ey'ue~t fVL heaL~l1g is .lJvt l.c("ê~YcJ w";"tllila Sà~J Leu J.a}'~ after 11Iail";"la~ of the "uti"e of i"tO:lILioll tu aLaLe al1\1 remove, Ll,e "';'Ly shall have tho: auLl,uL iLy tu abaLe a".1 re,"ove tho: veh';'cle u1. t'a1. ts tl,eLeof as ð. t'LlLl';'" "uisð.lIco: w';'LhoLlL hol.1l"g a t'l1bl.;..... l,earÎl..,¡. The owner of the land on which the vehicle is located mav appear in person at the hearina. Instead of makina an appearance. he may present a sworn written statement. in time for consideration at the hearina. denyina responsibility for the presence of the vehicle on the land. with his reasons for his denial. This statement shall be construed as a reauest for a hearina which does not reauire the presence of the owner submittina the reauest. If it is determined at the hearina that the vehicle was placed on the land without the consent of the landowner and that he has not subseauentlY acauiesced in its presence. then the costs of administration or removal of the vehicle shall not be assessed aaainst the propertv uPon which the vehicle is located or collected from the landowner. c. All l,eari"gs Llh.1eL se....L.;.uh" 16.86.616 LlüuLlgh 16.86.126 "I,al1 Le hel.1 l"iLlally Lo:fu.le Lhe LLl';'ldih'; offl"ial 01. 1,1" ur her desigl,êe, who "I,all I,eal all fact" ah.1 te"L';'luu".l' he .1eelÙS !-,cLLihehL. SaiJ. £aG.li::t ð.hJ. Lei::tlllUOhY 1LIay ~u(..ll.&J.c tei::tLiìuvu}' Vll tl,,~ "u"diL';'oh uf the v"'hi....le OL t'al L" theLeuf ð,,,.1 tI,e \.ó~Lcmb£:.Lah'-c~ COu.....c1::hiug lli::t Iv.....~tivu 011. i::t~iJ ÌJ.L ~'\1ð.lc ÌJ.LOpel L}' Ol .t:-'i.4Lli..... þLvpe1. L}'. Ti~e LuilJ.~ug vf£1......:.a1 vI: 11':'$ v1: lu:::l:: desi'; "ee Shð.ll "ut Le li,"l to:.1 by Lho: Le"llI,';'"al rules uf ey~deh.....ê. The VWheL vf Ll~e l~ud lll~}' êàÌJ1-'eal. ":'11 ,bICLi::tVU ~t Ll...e l1caL";"II~ or 1-'.tc~cuL ~ 5WVL~1 ~.LlLtc...& 5t~telUc......L 1...... tilUe fVL '-vu$itlc.Latlvh AL the l...edLlug, ~hJ J.cl...} .LC5ÌJvui::t":'L":'1~t}l fo1. Ll...e p1::e~c11c..è of tl...e vehic..1c 01& ll...e 1cud, wltl~ his 1.cc6vu5 fv.L 6l.&.....h Jculal. D. TI....= Llo1ilJ.":'ug vfri.....l~l v~ l...li::t 01. Ile1:: J.e5i~uce waY iW1-'05c i::tu.....h cOuJ.ltivu5 cud t~ke i::t'-Lcll vLl...et aG.tivu ai::t l...e tlcemi::t C1-'Plv!-,xiate uhde.L th.e C~.LCWui::tLal1\...c5 Lv CCLL}' vut LI...c pU....,tJ'v5c or se,-t":'vu£:. 16.86.616 Ll...1.v'-L~l... 16.86.1Z6. lie lUal' J.cl"}o" the Llluc for LewvvCLl vf U...e vcllic1c 01. 1-',,1. Li::t Ll...c1::"evf if, l.u h.":'i::t oÌJ~uiou, tl...c ci.........L.ülli::tlau.....cs jlo1i::ttifl' It. At ll...e .....01l"lu6ivu of t11c 1-'La.L1 i,- l...eð..L ":'1.&9, tl...c Lul1J.l1.&~ vf f ..:......1a1 v1:: l...ii::t vl l...el J.ci::ti':juce 111a"'j r..:.uJ. Ll"'c:Lt a vcl.l..:.....le V.L ,bI~.LLè Ll...e1.cof 11as Lee...... aLCL...&doucJ., w.Le'-kcd, J.":'i::tmCL...,LlêJ., v1:: ..:.~ iHvJ:oIelClL":'t¡e vh !-'......:.vCLLe 01:: 1-'i.4L1..:...... p....vPèì. Ll' CLl.I.d v....J.e1:: ll.le i::taluè .Lèwv'\1èJ f1.\.IlTl LIle Ì:-'.Lv,tJ'êl. Ll' CLi::t CL !-'uLli..... lìü.l~ð.h.....c c:Lhd J.":'sÌJ\.Ii::ted \.If ð-i::t 11è.ì..cihCLfLe.ì.. p1.vvldcJ. ahJ. Jètc.L...uihc; tl...c adtui......":'~tl.CLL~t¡c; .....o£:.ti::t allJ. tl...c .....\.Ii::tL of Lcln.vva.l tv Le .....l...c:Lr~cd a~a";'lIèt Ll...e VWUèL vi L11c laud. TI...c or-dcL ....éy.Io1~1:: '::'u':j ~cw\.lt¡cl sl"'CLl1 ih.....luJ.è Q J.ei::tC~ ':',tJ'tivu of Ll...e vcl...i.....lc OL 1-'ð,ì. Li::t tl",c.Levf CLhJ. LI...e CV.L.Lé","L ..:.deuLifl.....at..:.vh lu..wd.Je.L ð-uJ. l.:......elli::tc ulwd.,e~ vi tl¡c '1cl...':'clé, ..:.r bVCLi1CLLlc at Ll...e i::tlLè. If ";"L ":'5 Jete.ì..l1~":'uèJ. a.t l11e l...cCL....~h"=' LI...ð.t LI"e vc;l...i.....lè Wa~ .tIlCL.....cJ. VII. tl...c lal1\.l wiLl...out the ","vuseuL of Ll...e v",he:t: vi Ll...é lCLuJ CLud L11CLl I...e l...CLS huL £:.i.4L~e\.ju.chtll' CL(..'"!Io1':'es,,"cJ. ill. ":'Ls .tI1::èi::tcl.I.(..e, Llle bullJ.':'ug vfric~CL1 \.11::" l...rQ 0.1. I...c1:: J.csiguce i::t1"'CL11 uot aSSci::ti::t tIlc 38 ~ ¿---J6 co~L;::. of aJ.:w';'u.i;::.t:t:at';'vh v1: Lc...uoval vf the vêl...';'",le ð.~a';'bi:JL LI...c PLVtlC.&. L.ï Utlvu wl...';'\".ol... the ycl...';'",lc .;.~ lO(..aLé~ v.&. vLl...é:t~';'i:Je aLLeml-'l to ...vlle...L 5u<.1. ...v..l.. i1.vw 6U<'1. vlv..e.!: vi ll.e la...l. If the vWlìè:r of the lahJ .....Lm.it..; a ",IIIVL" w:ritle" stateweht de,,:y.ih~ Lesþo"...iLilill' fVL Ll.e 1'Le..ehee vf the vel..i...le v.. ¡.is lã.uJ Lut ~Oc;::. hot al-'l-'éð....., v.... if au iutc....c~Le~ J:-'a.&.L.ï lù.êì.kc;:Þ a 1v....iLLeu l-'Lesehtal.ivü tv Ll.e L....ilJl...;¡ viiieial VL hi.. VL ¡.e1. J.....ighee but JveS hot al-'pea.!:, he 61.all Le "vlifieJ .i" w1..il.i"g of tl.e Jecisioh. (01..1 2668 §l (l-'aJ:tl, 1~~6, OLJ 1338 §l (þa1.ll, 1~71. l-'L.iVL ...vJe §19.2367(A» . 10.80.090 Disposal of vehicle-Time requirements. Five days after adoption of the order declaring the vehicle or parts thereof to be a public nuisance, five days from the date of mailing of notice of the decision if such notice is required by sections 10.80.010 through 10.80.120, or fifteen days after such action of the ~vve...uil1';¡ LvJl' manaaer or desianee authorizing removal following appeal, the vehicle or parts thereof may be disposed of by removal to a scrapyard or automobile dismant1er's yard. After a vehicle has been removed it shall not thereafter be reconstructed or made operable. (Ord 2668 §1 (part), 1996; Ord 1338 §1 (part), 1971; prior code §19.2307(B)(2». 10.80.100 Notification and transfer of evidence required when. Within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration _available, including registration certificates, certificates of title and license plates. Anv licensed dismantler or commercial enterDrise acauirina vehicles removed pursuant to this section shall be excused fro~ the reportina reauirements of Section 11520 of the California Vehicle Code: and anv fees and penalties which would otherwise be due the Department of Motor Vehicles. are herebv waived. provided that a copv of the resolution or order authorizina disposition of the vehicle is retained in the dismantler's or commercial enterDrise's business records. (Ord 1338 §1 (part), 1971; prior code §19.2307(B) (3». 10.80.110 Costs-Assessment and collection procedures. If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to section 38771 et seq. of the government code and chapter 1.30 of this code are not paid within thirty days of the date of the order, 39 ~ ¿~Jj/ or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to section 38773.5 of the government code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes. (Ord 1676 §1, 1976; Ord 1338 §1 (part), 1971; prior code §19.2307(B)(4». 10.80.120 Removal or vehicles rrom streets authorized when. Any regularly employed and salaried officer of the police department may remove or cause to be removed: A. Any vehicle which is parked or left standing upon a street or highway for seventy-two or more consecutive hours; B. Any vehicle which is parked on a highway in violation of any provision of this title, the Vehicle Code or other law or ordinance forbidding standing or parking, when the use of such highway or a portion thereof is necessary for the cleaning, repair or construction of the highway or for the installation of underground utilities, and signs giving notice that such vehicle may be removed are erected and placed at least twenty-four hours prior to the removal; C. Any vehicle parked upon a highway which has been authorized by the councilor other competent authority for a purpose other than the normal flow of traffic, or for the movement of equipment, articles or structures of unusual size, and the parking of said vehicle would prohibit or interfere with such use or movement, providing that signs giving notice that such vehicle may be removed are erected or placed at least twenty-four hours prior to the removal of such vehicle; D. Any vehicle parked or left standing, when the city council by resolution or ordinanc~ has prohibited such parking and has authorized the removal by ordinance. No vehicle may be removed unless signs are posted giving notice of the removal. - (Ord 973 §1 (part), 1966; prior code §19.3.5). Chapter 10.84 -parkinq Restricted on Private Property 10.84.010 Purpose and intent or provisions-Parked vehicles declared nuisance-When. The purpose and intent of the council in adopting sections 10.84.010 through 10.84.030 is to establish procedures for the notification, citation and removal of vehicles from private property in the front yard, unfenced exterior and parkway areas of the city. TIn:: .....itJ' .....vuhcil ~vè~ d'c:a...lg.1è llu:; 1-'a..l.kiug of $..u...h ~~lll.....lç~ ~v LII:: ð J:-"uLli"", In.....;.5auC,.ç a.h~ QUJ' vlII::lli,-le. i:tO 1JAl.l.çJ. ";'£1 LIle ~~~c;'Ct 1JJ::ol¡";'LlLeJ. L} tl¡";'o c.hQplc.L o:tlu~ll L..:: Jcèlucd Lo La aLcun]vueJ V'ehi.....leo:. ¡::H.~Ljc,,",L to Llu:: Lcluvval 1'....vC.cdUlcÞ o=oeL [\JrtlJ. 11.1 CIIQ,1-'teL 40 ~ &/ftJ 16.86. (Ord 1676 §2 (part), 1976). Chapter 15.04 - Excavation Grading and Pills 15.04.305 Pees-To be double4 11> oe:t:tð.ln Cð.6ea-Effect of imposition. In the event that land development work is commenced without a land development permit, the city engineer shall cause such work to be stopped until a permit is obtained. The permit fee, in such instance, shall then be the normally re~ired Dermit fee. Dlus $500 ~~~~'" ll.at IvI.i...h wu...ld uu...walll' L", l", lli...",,1. The payment of such douLle the increased Dermit fee§ shall not relieve any person from fully complying with the requirements of this chapter in the performance of the work. Such fee shall uut L", ...uusl......"'.:! lo L", a pcualL,}' LuL shall be ,-vh~tLt.LCJ. c:L=t â.,u aJ.J.cJ [c:::e LC":I......;.l.t;:J. Lv defray the expense of enforcement of the provisions of this chapter in such cases. The ÍI'"~o,,,il1uu uf payment of such douLl.. fee shall not prevent the imposition of any penalty prescribed or imposed by this chapter or ChaDter 1.41. (Ord. 1797 §1 (part), 1978). 15.04.310 Violations-Declared unlawful and pUblic nuisance-Abatement authority. Any land development commenced, or done. maintained or allowed contrary to the provisions of this chapter, shall be, and the same is hereby declared to be, unlawful and a public nuisance. Upon order of the city council, or UDon the determination of the citv manaaer or the city attorney,£, shall ,",uwweu.:... necessary proceedings for the abatement, removal and/or enjoinment of any such public nuisance shall be commenced ~n the manner provided -by law. Alternativelv the Drocedures to abate under ChaDter 1.30 may be used. Any failure, refusal, or neglect bv a resDonsible DartV to obtain a permit as required by this chapter shall be prima ~acie evidence of the fact that a public nuisance has been committed in connection with any land development commenced or done contrary to the provisions of this chapter. (Ord. 1797 §l (part), 1978). 15.04.325 Costs of abatement-special assessment procedure-statutory authority. The costs of abating a dangerous condition within the meaning of this chapter shall be imDosed as a special assessment against the land on which such abatement was done. pluvi.:!e..:! r.....u.",..., lIu~ ...ill' ;~~~u:::l ~I.a~~ ..."'~?~ l all ........1. cost.. lu lh", .:.':'l} ':'uilh.:.il au.:! al ti,e heallJ.\ ou lh", ...ill' eug':'ue",l·.. ..."'~u... l, Costs and assessment Drocedures will be in accordance with ChaDters 1.40 and 1.41. ~he property owner may raise and the city ...u...u...il manaaer shall consider, as a complete or partial defense to the imposition of the assessment, questions as to the necessity of the abatement and the 41 ~F 7'? 6~!// I means in which it was accomplished. Pursuant to Government Code §38773.5 abatement costs shall be transmitted to the tax collector for collection. This assessment shall have the same priority as other city taxes. (Ord. 1877 §3 (part), 1979). Chapter 15.44 - Moving, Relocating and Demolishing Buildings 15.44.070 Appeals. The applicant may appeal the findings and recommendations of the building and housing department to the citv manaqer bOc:u.J vi a1-~eal", allJ ady':'~vLS. The appeal shall be in writing. Fol. all a1-~ea1"" Ll,.. f..e ",¡,all L.. tl,.. R..quiLeJ Fee(",). The citv manaqer shall use the procedures in Chapter 1.40 to qovern the appeal. (Ord. 2506 §1 (part), 1992; Ord. 1851 §1 (part), 1979). Chapter 17.28 - Unnecessary Lights 17.28.050 complaints-Investigation-Notice-Hearing. Upon the written complaint setting forth the particulars concerning any offending lighting situation by the adjoining or neighboring residential property dwellers to tl,e ",,':'Ll' atLv!:II"l" it shall be the duty responsibilitv of the city aLLoLlley to investigate VL ""aU",.. Lo be illv..",Li':jat..J the basis of the complaint, and if there is found to be sufficient cause for said complaint which constitutes a nuisance to the adjoining or neighboring property owners, a written notice shall be sent... to the owner or person controlling such lighting, directing that the lighting be modified, discontinued or abated within fifteen days of receipt of the notice. If the lighting situation has not been discontinued or abated as required in this section, the city attvLII"l' manaqer shall issue a notice to the property owner pursuant to Chapter 1. 40 to appear L..fol.. th.. city c.v..¡u:.il Lv and show cause as to why the lighting should not be declared a public nuisance ,and abated by a~1-L01-L iaL.., leyal ac.L':'vl1 pursuant to Chapter 1.30. (Ord 1324 §1 (part), 1971; prior code §20.35.4(D». Chapter 19.08 - Zoning Bnforcement 19.08.020 Violations-Declared public nuisance-Actions for abatement authorized. , Iu'l' L..IIJllI':j OJ, ",tL..c.L..!:.. It is unlawful to cause or allow to occur the set up, erectioned, constructioned, alterationed, enlargementd, conversionted, movementd or maintainenanceed of anv buildinq or structure contrary to the provisions of this title, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title shall be, and the same is declared to be unlawful and a public nuisance; and the city attorney and citv manaqer. respectivelv. shall i~..diaLell' commence action or proceedings for the abatement and removal and enjoinment therein in the manner provided by law or Title 1 of this Code, and shall take such other steps and shall apply to such 42 ~ 6r-J(~ courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building or structure or using property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive. Any person who violates any provision of the certified Local Coastal Program adopted pursuant to Division 20 of the California Public Resources Code shall be subject to the penalties contained therein. (Res. 11903, 1985; Ord 1212 §1 (part), 1969; prior code §33.1502). 19.08.030 Violations-Penalties. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title shall be punishable pursuant to the provisions of Sec.tiuu· 1.26.616. Chapters 1.2 throuqh 1.41. (Ord 2483 §2, 1991; Ord 1212 §1 (part), 1969; prior code §33.1503). Chapter 19.62.200 - Off-Street Parking and Loading 19.62.200 Enforcement of this chapter. Po!: 1-',,u1-'0s.e,,, uf ehfu.......weht uf Ll.is c.l...!-'Le!:, ew!-,luj..e", Jes';''::Iu..LeJ uuJ.... Sec.tiuu 16. 84. 635 ma,}' ';'",,,,..e ciL..Liol.", Lu vel.l",les 0.. 1-'1:01-'.... L,}' OWUC.Lõ:I à.~ CltlP:toJ:.¡1.lClLe., wh,=u v iolaLlvu5 u! the. """,1¿CI,1:IteL '"''"'".1..... ¡:" pJ:::oviJ.cJ. l¡;owc:vc::t::, a. wc:u..u~hY olJ.Call r~.Lot L'C: l6~lu=J., allvwlhy SèVèuLl' two IJ.uu.L6 Lv .....\"IL.Lè:"t U...è bla.LLc:,L. Tl...lo 5è:.Jc:.uLl' i.v hoül. J:¡éLlud slJ.C~ll a,1-'Ply Lv the fi.lol v':'olaL':'uu 01& CUJ}' 6iu~le l:Jic:v,== or propel. ty CUl\l hut Lo suLoc,,!ueht ihr....cu...Lioúo::t '"".II the: oð:luc: 1:ILopel. tj. The buildinq and housinq director. code enforcement officers and other emplovees desiqnated bv the buildinq and housina director shall have the authoritv to enforce this chapter in accordance with the procedures as set forth in chapters 1. 40 and 1. 41. Anv violation of this chapter shall constitute an infraction. and the administrative citation provisions contained in chapter 1.41 of this code shall be applicable. (Ord. 2176 §7 (part), 1986) SECTION II: That the following sections of the Chula Vista Municipal Code are repealed in their entirety: 5.02.070 Issuance Effect of prior licensing by state. 5.36.250 Bearing-Notice required. 5.36.260 Bearing-Procedure generally. 5.36.270 Bearing-Rules of evidence. 5.36.290 Effect of decision stayed when. 5.36.300 Bearing-Not required when-Effect. 5.36.310 Appeal-petition required. 5.36.320 Appeal-PUblic hearing-Notice-Effect of decision. 5.48.010 Exemptions to applicability. 5.48.020 Closinq-out sale defined. 43 ~ ~-?/J -- - -- ~ ----~~-_._-------- 5.48.030 License-Required. 5.48.040 License-Application-Contents required. 5.48.050 Business license-Surrender required when. 5.48.060 License-Investiqation of applicant-Issuance-Fees and Taxes-Aqreement required. 5.48.070 License-conditions for issuance-Period of validity-Renewal. 5.48.080 License-scope of validity. 5.48.090 Records to be kept. 5.48.100 Business license-Restoration procedure. 5.48.110 Business license-Notice of disapproval of issuance-Hearinq. 5.48.120 Business license-Hearinq procedure. 8.08.140 Suspension or revocation-Public hearinq required. 8.08.150 Public hearinq-Notice required-Form. 8.08.160 Public hearinq-Rules and procedure qenerally. 8.08.170 Public hearinq-Hearinq officer-Grounds for disqualification. 8.08.180 Public hearinq-Time. 8.08.190 Public hearinq-Continuance. 8.08.200 Public hearinq-Transcripts. 8.08.210 Public hearinq-Waiver of irreqularities-Exception. 8.08.220 Public hearinq-Findinqs. 8.08.230 Public hearinq-Decision and order. 8.08.240 Public hearinq-Petition for modification or rescission of order. 8.08.250 Public hearinq-probation procedure. 8.08.260 Appeal-Procedure qenerally. 8.08.270 Appeal-Rules and requlations qenerally. 8.08.280 Appeal-Bffect of filinq. 8.08.290 Appeal-Hearinq by ~ouncil. 8.08.300 Appeal-Applicable Procedures 9.12.220 Binqo-Appeal procedure. 10.84.036 Notice of violation. - 10.80.020 Definitions. 10.80.040 Requlations not exclusive. 10.80.080 Appeal of decision-Public hearinq-Notice-Board of _ appeals and advisors authority. SECTION III: That Chapters 1.40 and 1.41 are added to the Chula vista Municipal Code to read as follows: CHAPTER 1. 40 ADMINISTRATIVE PROCEDURE AND PROCESS. Sections: 1.40.010 Pureose and Intent. 1.40.020 Administrative Process. 44 ~ ¿---17 1.40.030 Service of Notices. 1.40.035 Proof of service of Notices. 1.40.040 Reserved. 1.40.050 Administrative Hearina Procedure. 1.40.060 Immediate Action Excusina Prior Notice for Purposes of Abatina Danaerous Conditions or Imminent Threat to Life -Safetv. 1.40.070 Consolidation of proceedinas 1.40.010 Purnose and Intent. It is the Durpose and intent of the citv Council to establish rules and Drocedures for the conduct of administrative hearinas reauired bv statute. this MuniciDal Code. or administrative reaulation. in order to insure administrative due Drocess is accorded to affected Darties. The reauirements and Drocedures of this ChaDter shall be aDD1icable to administrative Drocedures and hearinas reqardinq the denial. susDension or revocation of a Dermit. license or entitlement. and may be used to sUDDlement or substitute for any administrative hearinq or administrative Drocedure Drescribed elsewhere in this MuniciDa1 Code. The Drocedures under ChaDter 1.40 may also be used in those situations where the MuniciDa1 Code authorizes a hearinq as a Drecondition to the abatement of a nuisance. the imDosition of an administrative fine or Dena1ty. or. as an administrative aDDea1s Drocedure. Sec. 1.40.020 Administrative Process. h Subiect to the Drovisions of Section 1.40.060. the city Manaaer or desiqnee shall serve notice Dursuant to Section 1.40.030uDon a Darty whose Dermit. license or entitlement has been denied. or is to be susDended or revoked. or aqainst whom administrative enforcement action is DroDosed. that thev shall be allowed ten calendar days (thirtv days for out-of-state residents Der Code of Civil Procedures Section 415.40J to reauest an administrative hearinq to aDDea1 or contest that DroDosed action before it will become final. The reauest for hearinq must be made no later than ten calendar davs from the date of notification of the DroDosed action. The DroDosed action by the City Manaaer shall become final and conclusive if not aDDea1ed or contested. ExceDt as Drovided in Section 1.40.060. the DroDosed action shall be stayed if DroDerl y aDDealed. and be made final followina the issuance of a decision by a hearinq officer Dursuant to Section 1.40.020G. ~ UDon the filinq of a reauest for a hearinq or an aDDea1 and Davment of the reauired fee. the city Manaaer shall aDDoint a hearinq examiner who shall be neutral and unbiased as to the sDecific factual matter in contention and excerienced in the aeneral subiect matter. The hearinq examiner may be aDDointed 45 __ ,-j J5 -.3'--; ? / L/_s ~._.~.~..._-----,,-_._- -~----'-"--'-'------ either from within the city staff or outside sources. The city Manaaer may provide compensation to outside sourced hearina examiners. ~ The fee to reauest a hearina or an appeal of an administrative citation or civil penal tv shall be eaual to the amount of the fine identified on the administrative citation or the amount of the civil penal tv. but not more than $1.000. If the hearina officer determines that the issuance of the administrative citation or assessment of the civil penaltv was not appropriate based on the evidence provided then the appeal fee will be refunded to the party that reauested the appeal. If the appeal is denied. the fee shall be applied as paYment of. or toward. the administrative citation or civil penalty. The fee to reauest a hearina or an appeal of all other types of administrative orders. unless specified otherwise in the municipal code. shall be in the form of a deposit. the amount to be determined bv the city manaaer based on the anticipated staff cost to conduct the hearina. If the cost of the hearina or appeal exceeds the deposited amount. the reauestina party shall be responsible for paYment of the additional costs incurred. If the hearina officer determines that the administrative order is not supported bv the evidence. the entire deposited amount will be returned to the party that reauested the appeal. ~ The hearina examiner shall notify the appellant of the time and place for the hearina in accordance with Section 1.40.030. allowina a minimum of ten calendar days from the date the notice is mailed before the hearina is to be held. ~ The hearina examiner shall conduct the administrative hearina in accordance with Section 1.40.050 and issue a written decision promptlY to all parties uPon the conclusion of the hearina. unless the appeal or reauest for hearina is withdrawn bY the reauestina party. The hearina examiner may impose conditions and deadlines for corrective action and reduce. waive or conditionallY suspend any fines or penalties proposed. when the hearina examiner concludes. based upon the evidence. that such action is eauitable and more likely to brina about compliance with the proposed order. ~ The hearina examiner's decision shall be based uPon findinas supported bY evidence. The standard of proof reauired to render the decision shall be that of a preponderance of the evidence. A preponderance of the evidence is established when the weiaht of the evidence supportina the existence of a fact in contention has the more convincina force. when balanced aaainst that evidence refutina the existence or applicability of the same fact in contention. Çi., The hearina mav not be used as a substitute for discovery pursuant to the Code of civil Procedure. and any inauirv or discovery in violation of this Section 1.40. 020F is not 46 ~ ¿f.---ý6 competent or admissible aqainst the partv aqainst whom it is to be used upon appropriate motion or obiection of that partv. !L.. A final decision shall be issued bv the hearinq examiner. The date of mailinq of the final decision bv the hearinq examiner to the partv bv first class mail. with certificate of service attached. shall constitute the date of the exhaustion of administrative remedv. A partv shall be advised bv the hearinq examiner that it has ninetv davs pursuant to the California Code of civil Procedure Section 1094.6 from that date in which to file for a writ of mandamus or other applicable iudicial review. except that if the determination is made as to a decision imposinq an administrative penal tv. fine or charqe under Section 1.41.100. the time to appeal to the Municipal Court is limited to twentv davs pursuant to California Government Code section 53069.4. Failure to file for iudicial review within the applicable time limit makes the final decision non-appealable and confirmed. until a timelv reauest for iudicial review is filed. enforcement of the final decision mav proceed in due course. ~ The citv will use its best effort to tape record the hearinq. but is not leqallv obliqated to do so. Anv recordinq will be retained for not to exceed 2 vears. The private partv mav also record the proceedinqs. A partv mav reauest a transcript of the proceedinqs. if prepared. or be provided a copv of anv recordinq. if made. upon pavment of the costs of preparation or duplication. Sec. 1.40.030 Service of Notices. A. Except as provided in section 1.40.030D. whenever a notice is reauired to be qiven under the Municipal Code for the enforcement of a proposed corder or for hearinq or- appeals pUrPoses. the notice shall be served bv anv of the followinq methods. unless different provisions are otherwise specificallv stated to applv: - ill Personal service upon the responsible partv: or ßl certified mail. postaqe prepaid. return receipt reauested. Simultaneouslv. a duplicate notice mav be sent bv reaular mail. postaqe prepaid. If a notice that is sent bv certified mail is returned unsiqned. service shall be deemed effective pursuant to service of the duplicate notice bv reaular mail. provided that the duplicate notice sent bv reaular mail is not returned as und~liverable. Notice shall be mailed to the last address shown on the Countv Tax Assessor's records if the notice concerns real propertv. and to the last known address of anv other partv to the proceedinq shown in official records of the Citv of Chula Vista: 47 ~ t-t(? - _._-----_._----_._--._--_._-~--._-,_.......-,---_.__...- D.l Postinq the notice conspicuouslY on or in front of the property. 1h Postinq a notice or duplicate service bv reaular mail in the manner described above shall be deemed effective on the third day after mailinq or postinq. service bv certified mail shall be effective as of the date of siqned receipt. -º.... The service of an initial Notice of Violation may also be sent bv reaular mail. Service of a Notice of Violation bv reaular mail is effective on the third day after mailinq. -º-'- Service of Notice throuqh which a lien will be placed upon real property will be in accordance with Code of Civil Procedure Sections 415.10. 415.20. 415.30. or Section 415.40 if the responsible party resides out of state. ~ The failure of any party or person with an interest in the property or the proceedinq to receive any notice which has been dulY sent or posted in accordance with this section 1.40.030 shall not affect the validity of any proceedinqs taken under this Code. Sec. 1. 40.035 proor or Service or Notices. Proof of service of any notice reauired bv this Code may be made bv certificate or affidavit of an officer or employee of this City or bv affidavit of any person over the aqe of eiqhteen Years. The proof of service shall show that service was done in conformity with this Code and any other provisions of law applicable to the subiect matter concerned. Sec. 1.40.040 Reserved. Sec. 1.40.050 Administrative Hearina Procedure. The hearinq before a hearinq examiner shall be conducted in accordance with the followina procedures: - A... A hearinq examiner is authorized to issue subpoenas. administer oaths or affirmations. and conduct the hearinq. Subpoenas shall be sianed bv the city Clerk. Oral evidence shall be taken only on oath or affirmation. 1h Each party shall have the followinq riqhts: to be represented bv leaal counsel: to call and examine witnesses: to introduce evidence: to cross-examine opposinq witnesses on any matter relevant to the issues even thouqh the matter was not covered in the direct examination: to impeach anv witness reqardless of which party first called the witness: to testifv in his or her own behalf. A party may be called as a witness bv the other party and be examined as if under cross-examination. -º.... Appeals of auantities of work performed in connection with a 48 ~ c:: ,-~r violation of land qradinq permits as estimated bv the Director shall include a report bv a licensed civil enqineer aualified to perform land survevs or a licensed land surveyor. The report shall be prepared at the sole cost of the appellant. Such reports shall include sufficient survey work to determine the actual amount of land qradinq work done without a permit. ~ The hearinq need not and should not be conducted accordinq to the technical rules of procedure and the California Evidence Code relatinq to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence uPon which responsible persons are accustomed to rely in the conduct of serious affairs. reqardless of the existence of any common law or statutory rule which miaht make improper the admission of such evidence over obiection in civil actions. Hearsay evidence may be used for the purpose of supplementina or eXDlainina any direct evidence but shall not be sufficient bY itself to support a findina unless it would also be admissible over obiection in civil actions. Irrelevant and undulv repetitious evidence shall be excluded. ~ The proponent of any testimony to be offered bY a witness who does not proficientlY speak the Enalish lanauaae shall provide an interpreter. The interpreter shall be approved bY the hearina examiner conductina the proceedina as proficient in the Enalish lanauaae and the lanauaae in which the witness will testifY. The cost of the interpreter is to be paid by the party providina the interpreter. ~ The proponent for the Director may introduce into evidence and relY upon an administrative record which clearlv demonstrates: a) The condition(s). act(s) or omission(sl upon which the proposed action is based: bl the reaulatorv authority for the proposed action: cl technical or factual data supportina the proposed action: and. -dl ~anY other information or data relevant to the proposed action. An administrative record certified bY the Director which meets the above criteria shall constitute prima facie evidence in support of the proposed action. The burden of aoina forward may then shift to the opposina partv. who may then cross-examine on the basis of the administrative record and call witnesses appropriate to aid in its examination of the administrative record. The opposina party may call additional witnesses and introduce additional evidence appropriate for opposition. defense. excusal or mitiaation of the proposed action. ~ The hearina may. at the discretion of the hearina examiner. be continued from time to time upon reauest of a party to the hearina and upon a showina of aood cause therefor. 1.40.060 Immediate Action Excusina Prior Notice for Purposes of Abatina Danaerous Conditions or Imminent Threat to Life or Safety. 49 ~ ¿--~9 - ---.----.. - -" ---.--- - --_.~--".,. · The provisions for prior notice and hearina mav be dispensed with when. in the opinion of the Director with the concurrence of the Citv Manaaer. immediate action is necessarv to summarilv abate a danaerous condition on public or private propertv or an imminent threat to life or safetv on public or private propertv. The Director shall take onlv such action as is reasonably necessarv to summarilY abate the danaer. and shall thereafter expeditiouslY comply with Sections 1.40.020 throuah 1.40.050 reaardin~notice and hearina. if reauested. to the responsible party(ies) re ardina the action taken by the Director to summarily abate the condition. The purpose of the hearina will be to afford the responsible partv(ies) the opportunity to contest their responsibility for the costs or scope of abatement. If further corrective action is necessarv. the Director will complY with this Chapter 1. 40. and such other sections of the Code as may be applicable reaardina further corrective action. 1.40.070 Consolidation of Proceedinas. A Director or the Hearina Examiner may consolidate one or more administrative processes and orders proposed under this chapter and Chapters 1.30 or 1.41. or both. into a sinale hearina. if consolidation would be more efficient and cost-effective. Chapter 1.41 ADMINISTRATIVE COMPLIANCE AND ENFORCEMENT PROCEDURES. Sections 1.41.010 Purpose and Intent. 1.41.020 ' Overview of Process. 1.41.030 Notice of Violation. 1.41.040 Recordation of Notice of Violation. 1.41.050 Non-Issuance of Permits. 1.41.060 Reinspection Fees. 1.41.070 Cease and Desist Orders. _ 1.41.080 Reserved. 1.41.090 Reserved. 1.41.100 Administrative Citations. 1.41.110 civil Penalties. 1.41.120 Abatement Action. 1.41.130 Reserved. 1.41.140 Cost Recoverv. 1.41.150 Confirmation of Costs. 1.41.160 Enforcement. 1.41.170 Satisfaction of Lien or Obliaation. 1.41.180 Revolvina Abatement Fund. Sec. 1.41.010 Purpose and Intent. SO ~ ;;-:sV ~ It is the purpose and intent of the city Council to establish administrative procedures for obtainina prompt compliance in the correction of both maior and minor violations of the Chula Vista Municipal Code and state law. Conditions in violation of the Municipal Code or state law which affect conditions upon or uses of real property within the city of Chula Vista are hereby desianated nuisances. The procedures authorized or identified bv this Chapter 1. 41 are the followina: notices of violation: administrative citations: administrative fines and penalties: cease and desist orders: abatement of nuisances: recordation of notices of violation: authorization to charae reinspection fees: cost recoverv for costs of enforcement: confirmation of costs: and recordation of liens and assessments for cost recoverv. !h. The procedures established in and throuah Chapter 1. 41 may cross reference. consolidate or incorporate bv reference. as applicable. enforcement methods established elsewhere in this code. in order to create a uniform process for prompt code compliance. administrative due process and effective enforcement. ~ The city Manaaer. any coanizant Director and the City Attornev are each authorized to utilize and initiate the procedures established in this chapter and Chapters 1.30 and 1.40. .!h The procedures in Title 1 may be used as a supplement to criminal or iudicial enforcement action. or both. or in lieu thereof. selection of one method shall not preclude the use of any other method or combination of methods when appropriate. :!h. The terms "Abatement". "citv Manaaer". "Code Enforcement Officer". "Director". "Nuisance". and "Responsible Partv" are as defined in Section 1.04..010. Sec. 1.41.020 Overview of Process. ~ Violations of the Municipal Code affectina uses of or conditions upon real property may be corrected throuah the issuance of a notice of violation pursuant to Section 1.41.030 to the Responsible Partv reauirina certain actions to be taken to brina the property or structure into compliance. The responsible partv will be allowed a reasonable period of time in which to correct the violation. normally not less than ten calendar days. Failure to comply within the time prescribed can then result in the issuance of an administrative citation in accordance with Section 1.41.100 or any other method or combination of methods deemed appropriate. !h. An administrative citation is a notice to the responsible partv which mandates the corrective action and establishes a fine as a penalty for the prior non-compliance of the notice of violation. Subseauent administrative citations mav be Sl ~ ? -----šl _ ...M._._...___·__.____~______ _ issued with increased penal tv. Corrective action that may be reauired of a responsible party includes. but is not limited to. the removal of encroachments into public property. the mitiqation or restoration of land or adioininq property for illeqal qradinq or development. the removal or modification of blockaqes of drainaae ways and the removal of structures to rectifY any code violation or cure any hazardous condition. It includes any other process necessary for abatement. In addition. throuqh the notice and hearinq procedures of Chapters 1.30 and 1.40. the responsible party can be made subiect to an order of abatement throuqh which the corrective work will be undertaken bv the City and the cost will be imposed as a lien aqainst the property if the responsible party fails to respond. Q.", Each day a violation exists on real property is a continuinq and additional violation. and all remedies. penalties and assessments are cumulative. .!l... In addition to a notice of violation. a cease and desist order can be issued pursuant to Section 1.41.070 to one or more responsible parties or other persons who perform work in violation of a permit or without a reauired permit. Violation of the cease and desist order is a separate misdemeanor. A responsible party or any person on scene activelY conductinq the violation under the direction of a responsible party is subiect to arrest without a warrant for continuina work in violation of the cease and desist order. as well as for the actions constitutinq the violation of this code. A responsible party can be reauired to obtain necessary permits. restore or reveqetate the property. or both. and correct or mitiqate the conseauences of the violation. Administrative citations can also be issued assessina administrative fines for both the creation of and the continuance of the violation. - , E.... If the responsible party fails or refuses to correct the violation. proceedinas may be undertaken to abate any existina or resul tina nuisance pursuant to Chapter 1.30. Abatement orders authorize a Director to enter upon property and correct the violation or condition or the removal of encroachment uPon public property. Enforcement costs may be imposed aaainst the responsible party and non-complvina property. L.. Durinq the pendency of the violation and the enforcement process. a notice of violation may be recorded aaainst the property pursuant to Section 1. 41. 040 describina the particulars of the violation. to insure that the property is proper Iv abated prior to or upon transfer. The recorded notice of violation will be released uPon issuance of a notice of compliance which shall be recorded bv the Director in due course within 15 days after reauest for such release bv the property owner. ~ Durina the inspection and enforcement process. cost recovery S2 ~ ¿~,ÇL can be imposed for the cost of reinspection (Section 1.41.060) and the costs of city services to abate (Chapter 1.30. and 1.41.140). These costs may bê recorded as a lien aaainst the property followina the procedures under Chapter 1.41 or the waiver thereof bv the responsible party. ~ various steps or procedures under Chapter 1.41 may reauire notice and a hearina pursuant to Chapter 1.40. When appropriate. notice and hearina reauirements for separate administrative actions may be consolidated. Sec. 1.41.030 Notice of violation. ~ A Code Enforcement Officer is authorized to serve a notice of violation upon a responsible party for any violation of the Municipal Code. The notice of violation will describe the violation. the dates and location of the violation. the applicable code section(s). the corrective action reauired and a date for compliance reinspection. The responsible party will be advised that a reinspection fee (Section 1.41.060) will be imposed for a second and all subseauent reinspection if compliance is not voluntarilY obtained. and that an administrative citation may also be issued alona with civil penalties pursuant to sections 1.41.100 and 1.41.110 until the property is brouaht into compliance. The responsible party will be allowed a minimum of ten calendar davs to correct minor violations and no less than thirty calendar days for maior violations. A Code Enforcement Officer may extend the time for a reasonable period beyond those limits if circumstances dictate. The notice of violation will inform the responsible party of the potential costs and conseauences that mav ensue under this Chapter 1.41 if voluntarilY compliance is not obtained within the time prescribed. If the violation is corrected in accordance with the terms of the notice of violation. no_costs or charaes will be imposed. 1h Service of a notice of violation is effective upon deliverv or mailina pursuant to section 1.40.030. Failure or refusal to sian does not invalidate the notice of violation and subseauent proceedinas. ~ The property-will be reinspected once for compliance. If the responsible party refuses to allow inspection. after a reasonable demand. the Code Enforcement Officer maY obtain an inspection warrant pursuant to Code of Civil Procedure Section 1822.50. Failure of the responsible party to allow inspection or remedY the violation shall result in the issuance of an administrative citation. the charaina of reinspection fees and may result in a separate criminal violation for the failure to allow inspection. (CCP Section 1822.57) .!h If the violation also constitutes the performance of work without a reauired permit or in violation of an issued permit. the Code Enforcement Officer may issue a cease and desist 53 JY"Sl- ?>-:SJ .--- ------------ --.---- · ?rder, pursuant to sectio J.mmedJ.atelv enioin the n 1.41.070 to temDoraril appropriate at that ti work and to take anv other rc ~~~ hazardous condition which m:ff tIf th7 violation creat~; ~ threat to life. safet ec s Dubhc safety or a; i;;;;:¡;;: pursuant to Section 1.~å.~~~~ary abatement mav be i~iti~~~~ Sec. 1.41.040 Recordation of Notice of Violation. A.... Whenever a violation after at' on real ¡¡rOpertv ' notice o~Ovt~~a~fo:\~~at~on has been is;:;:;~n: ~~;~r~~c~~~ real Dr?p~rty records ~f ~ rec~rded by the Directo~ i; th; prerequJ.sJ.tes are met: an DJ.eao County if the fOli~wi~g ~ A violation has remaine at least 30 calenda d uncorr7cted on the rODe of violation: r davs followJ.ng service o~ th;~~tf~~ 2.... The owner. if not th ' of th e resDonsJ.bl", rt '" prospecti ' Da y. has b",,,,n ,. opportu 't t ve recordatJ.on and b ;;ff ~~~J.f~~~ nJ. y 0 correct the violation: een e .l.... Th", prop"'rty own",r and a shall be notifi d 11 of th", responsibl ' withh",ld durin t~e tIhat d",velopm",nt p"'rmit~ eSh~~rtJ.~~ pursuant to S~ction ~"'4ih'" prODer1:;y remains in ~i;;ï~t' ;;:; that are necessarv to b~in'O~~' except for thos", D~;;tt~ a '" prqperty into ~~~pïi~~~;~ ~ Th"', r"'sponsible Dartv an notJ.c",d and offer",d a ~ the DroDertv owner hav", contest the Drqpos~d hear1na ~ursuant to Chapte~ i~4~"'~~ recordation. correct1ve action and the D~~~~s~d ~ Th", Director is authoriz pursuant to this s"'ctione~~~~ ~ecord the notice of violation 1ssuanc'" of th", final ;;~d;~ ~ Cancellation of R",cordat" . DroD",rtv owner 10n. Th", D1rector shall ' of compliance W~~~hother responsible parties a s~s~~~ ~~ I~e notic", of violation ~~~~es on ~ts f,ace that it ~~;~",ï;\h: ~~d any. administrativ", penaatt~ v101at10ns hav", b"''''; ~~;;~ct~d . e enforc",ment Dr 1"'S.·costs and fin"'~ i ~~i~;d-i c~:rqpli~nc'" shall b", ~~~~s hav", b",en, paid. Th'", ~~ti~~- ~~ v101at10n was r",corded. rd",d bv th", D1rector if the ;oti~e ~f S"'c. 1 41 050 .. Non-Issuanc", of Permits. After a notice of violation ~ursuant to Section 1.41.0 has been , recorded against th", 1ssuanc", of anv p",rmits for5~~ th", C1ty Manaqer shall ~ith~~~~e~~~ D~oDer~y sav", for those v"'lopm",nt as allow",d by la;:;' ~~; th;;; v101at10n(s\ A t perm1ts n"'cessa~ to ~ ;:~t -th; noticed as D~rt :fa\~ whose ~ermits are to be withh~ï~~;h; ~b; 1. 41. 040 and offer",d a ~"'arre.cor ation Droc"';;~ pu~~~~~t-~to ~š;~~, ~ 1na pursuant to Chapt"'r i~4Õ i-;; whi~h1t~ S4 fr-çO ¿, --:-çy contest this d . . eC1S10n. Sec. 1.41.060 . , Re1nspection Fees. ~ Re1nspection f excessive tim ees are authorized compliance e ~nd effort bec to recover Cit recover co;;ts Re1nSDection feesomaes necessary to Y o~~s~s when recalcitrant re;~~~si~~ ~~s~:OPo~i~~a~~~;oP:;;t~ m:~~o~o~~ B..... Aft r 1es. r1butable t , er a noti ' 0 1ssued ce of v101at' . , or an order' . 10n or an adm' , D1rector wh' 1S 1ssued b 1n1strative" ~:.=~~~·~lD~ '=1:f~~µ~I~n::', at~i~:~~:¡ the notice of . e f~rst inspect' f the conditio Ie ~or of the norm 1 v101at1on. citati 10n followina the ,n rema1ns the, condi ti:n .cost of enforcem~~t or ord7r is cons~~:uance of be 1ncluded 1S then proll\Ptly c and w111 not be h red Dart as Dart of th orrected. oth . c arqed if ~ ' e costs of erw1se. 't ' ~ Re1nsDecti f enforcement 1 W111 on ees m . enforcement ~ be collected administrat' process or i and ~nforced as the responst:lee proceedinas und~r t~~mb1nation wf:~ of the for reinspect' Darty was notified ,1S ohaDter 1.41. o1;-her service of no~~n fees under Sect ,1n advance of its 1~r~~1~ed Chapter 1.40 1ce and hearinq pr 10n 1.41.060(B). ~a 111ty . ocedures are t ,ppeals. ~ Reinspecti es ab11shed in t' on fees 'I 1me utilized for ~~ 1. be charqed on the ' Schedule on file ' e 1nspection(s\ b bas1s of actual t 1n the offi . ased ~on th s aff Sec. 1. 41. 070 . ce of the ci t,y 01 k e Master Fee ~ ' Cease ad' er . A D1rector or Codn Des1st Orders. Dersonally or t e Enforcement Off' , wr'tt 0 serv ' 1cer 1S th ' pr~vi:~o~e~;\~nd de,:i;~ ~~~~~d~~~e with a~ec~I~~e~. ¡O issue \':~~~:;- wi;t>~f ~::''f<' C,ode '~:o= :.~:on wiOI~tf~: : perm1t. . 1 rer¡¡.¡i d ' work is -b ' :f~p'iet. 'n, vf~t::. aod de.i.t ";.";'e':" '" viol.tiQ¡¡ .~'~~ er and s 10ns of 1 s are rt ' cond i tion e~er requlations and and arading. wat~; 1cularly dearad ' 0 real pro¡¡ert related work wh' course and immedi~~~~~ or Dollution wiÍl ~~ ;~rough which 1~~v~lters the . n 1nue to occur i ronmental B..... It' f not stopped 1S unlawful for has b~en Dersonal an~ Derson to whom work 1n violation lrf 1:::e: or served a t~e~~~tnd desist order ~ It is unl erms of that order. 1nue to perform d' awful for eS1st order ha anv responsibl allow or ~ been served t e ~artv to whom violation p;r;:1t another to 0 cont,1nue to Derforma cease and o he terms of th t cont1nue to perf work or to a order. orm work in 55 ~ ¿~->5 _..._~-- ....-. , 1h. Prosecution under Sections 1.41.070B or 1.41.070C does not bar prosecution or administrative enforcement. or both. of the previous underlvina violations for any or all days the violation had been in existence. or for the continuance of the underlvina violation. L.. Anv Director or Code Enforcement Officer in whose presence a violation of Section 1.41.070B or 1.41.070C occurs may arrest the violator without a warrant. and a police officer may accept custody of that arrestee for criminal enforcement processina. L. The Director may initiate other administrative enforcement and compliance methods in accordance with this Chapter 1.41 and Chapters 1.30 and 1.40. as appropriate. Sec. 1.41.080 Reserved. Sec. 1. 41. 090 Reserved. Sec. 1. 41.100 Administrative Citations. A... The Council finds that there is a need for an alternative method of enforcement for minor violations of the Municipal Code and applicable state codes. The Council further finds that an appropriate method of enforcement for minor violations is an administrative citation proaram. The procedure established in this section shall be in addition to criminal. civil or any other leaal remedY established bv law which may be pursued to address violations of the Municipal Code or applicable state code. .!h An administrative citation. can be issued to a responsible party for violation of a reaulatorv provision of this code or state law. and the responsible party be reauired to pay an administrative fine. Administrative citations and pen~lties are particularlY appropriate in cases of structural. buildina and zonina violations that do not create an immediate danaer to health or safety if the responsible party has failed to correct the violation after the issuance of a notice of violation pursuant to Section 1.41.030. -º-'- An administrative citation may be issued in lieu of the initiation of a criminal action for the same violation. However. in particularl v eareaious cases. criminal enforcement mav be appropriate for continuina violations if the administrative citation is ianored bv the responsible party. 1h. The amount of administrative fine that may be imposed for each separate violation of the same code section is as follows: 56 ~ t ,-5 ¡, .L.. $100 for a first violation: $200 for a second violation within the twelve calendar months of the first violation: $500 for each additional violation occurrina after the second violation and wi thin 12 months of any prior violation. £... Issuance of an administrative citation and payment of the administrative fine does not excuse compliance and corrective action reaardina the violations. Althouah continuina violations of the Municipal Code are separate offenses. the responsible party shall be allowed a reasonable time of not more than thirty days in which to correct the violation before a second or subsequent administrative citation may be issued. L- A responsible party may request administrative review of an administrative citation pursuant to Chapter 1.40. L The administrative citation shall contain the followina information: .L.. Date of the violation. £... Address and location of violation. L- Description of violation. L. Applicable codes and statutorY sections violated. .2..... Corrective action required. §.... An order to brina the violation into compliance. L. Notice of the fines to be imposed. - '-- -ª-'- A date. not less than twenty days. by which payment of the fine must be made. - ~ Location for payment. ~ Notification that payment does not excuse correction of the violation. ~ Notice of riaht to request review pursuant to Chapter 1. 40 of the Municipal Code. E..", A party filina a timelv request for review pursuant to Chapter 1.40 shall post a deposit with the Director. Enforcement of the administrative fine shall be stayed pendina the decision of a hearina examiner if a hearina is requested. Procedures for review shall be in accordance with Chapter 1.40. The deposit will be returned if the appeal is aranted. A final order is not subiect to iudicial review after twenty days have elapsed from the date of its issuance. unless the party 57 ~ ¿<~/ .._-_.".,.__..~-~- comclies with Government Code Section 53069.4. See Section 1.40.020CG). A final order mav be enforced cursuant to Section 1.41.160. Sec. 1.41.110 Civil Penalties. A. The Council finds that there is a need for alternative methods -- of enforcement of the Chula Vista Municical Code and acclicable state codes. The Council further finds that the assessment of civil cenalties throuah an administrative hearina crocedure for code violations is a necessary alternative method of code enforcement. The administrative assessment of civil cenalties established in this section is in addition to anv other administrative or ;udicial remedv established bv law which mav be cursued to address violations of the Municical Code or acclicable codes. ~ Civil cenalties mav be assessed aaainst a resconsible cartv for continued violations of the Municical Code or acclicable state codes. whether of the same section or anv combination. that reflect a continuina disreaard for the reauirements of such laws. The Director mav issue a notice and order to the resconsible cartv assessina a civil cenaltv cursuant to Section 1.41.110. The civil cenaltv mav be enforced aaainst the resconsible cartv as a lien cursuant to Section 1.41.140. ~ Excect for violations of land aradina ordinances contained in Chacter 15.04: civil cenalties mav be assessed at a dailv rate not to exceed Sl.000 cer violation cer dav. and not to exceed a total of S100.000 cer tax assessor's Darcel number in the case of unimcroved real crocertv. or S100. 000 cer each structure aaainst which violations have existed on a sinale tax assessor's Darcel number for anv related series of violations. -- '-- ~ The civil cenaltv for violations of land aradina cermits or land aradina work done without the issuance of a cermit shall be based on an estimate bv the Director of aradina' work cerformed. The rate of civil cenalties shall be as follows: ~ Less than 250 cubic vards. but not meetina the reauirements for an exemction from aradina cermit under 15.04.150: Sl.000 cer violation ~ 251 to 500 cubic vards: S5.000 cer violation ~ 501 to 1.000 cubic vards: S10.000 cer violation ~ Over 1.001 cubic vards: S25.000 cer violation ~ In the event anv individual. firm. comcanv. develocer or crocertv owner causes a second violation of the land aradina cermit ordinance. either on the same crocertv or different crocertv.and whether or not cart of the same develocment. the rate of civil cenalties shall be doubled. For third and subseauent violations the rate of civil cenalties shall be multiclied bv a factor of four. 58 ~ ¿--3~r ~ civil penalties under this section 1.41.110 mav be accrued retroactive to the date the violations were first discovered as evidenced bv the issuance of a notice of violation pursuant to Section 1.41.030. or anv later date determined bv the Director. In determinina the amount to be imposed on a dailv rate. the Director shall consider the followina factors: 1.... Duration of the violation: h Freauencv or occurrence of the violation: .h Freauencv or occurrence of other violations durina the period of accrual: h Seriousness of the violation in relation to its threat or impact upon public health. welfare or safetv: .2..... Historv of the violations: .2... Activitv taken bv the responsible partv to obstruct or interfere with correction of the problem: L.. Good faith or bad faith efforts bv the responsible party to comply: b The impact of the violation on the surroundina property and community: .2...... The financial ability of the responsible party to have corrected the violation in a timelY fashion. £:.... The Director shall complY with Chapter 1.40 concernina notice of the proposed civil penalties and the riaht to a hearina to contest or confirm. unless contested. the notice and order shall be final and be enforced pursuant to Section 1.41.160. If contested. the hearina examiner shall limit the hearina to the followina issues: 1.... Whether the responsible party maintained a use or condition on real property that violated the Municipal Code or state law on the dates specified: and h Whether the civil penal tv assessed is consistent with the criteria expressed in Section 1.41.110E. The hearina examiner may. however. exercise discretion pursuant to section 1.40.020E and increase or decrease the penalties assessed to a level determined to be supported bv the evidence meetina the criteria under section 1.41.110E. g"., The Director shall issue a final order based on the S9 ~ 6~=-J7 .----.~-_.-.-__.~-~ proceedinqs under Section 1.41.110E. and establish a date for payment. fo11owinq which date an enforcement lien shall be imposed uPon the property. The imposition of an enforcement lien may be made a part of the proceedinqs and notice and order under the precedinq Section 1.41.100 or this section 1.41.110. Sec. 1. 41.120 Abatement Action. Procedures for the abatement of nuisances. when required for corrective action. are contained in Chapter 1.30. Sec. 1. 41.130 Reserved. Sec. 1. 41.140 Cost Recoverv. Pursuant to Government Code Section 38773. costs and penalties may be recovered and enforced aqainst responsible parties under this Chapter 1.41 include. but are not limited to. the followinq: A.... City's direct cost for abatement of nuisances. toqether with applicable overhead: 1L. Costs of salarv and applicable overhead of those city employees and contract personnel involved in the investiqation. enforcement and remediation or abatement of a nuisance: -º-'- city costs for equipment use or rental: .!h. Attornev's fees: ~ Court costs and witness fees: .Eo. Costs of qeotechnical. enqineerinq and other technical services and studies: ~ Administrative fines and civil penalties imposed pursuant to this Chapter 1.41: !L. Reinspection fees pursuant to Section 1.41.060: .L. Costs of monitorinq proqrams necessarv for correctinq. monitorinq. abatinq or mitiqatinq nuisances and violations: .L. Anv other fee. cost. or expense reasonably and rationallY related to the Citv's enforcement efforts to abate a nuisance or correct a violation of this code or applicable state law: K... Treble damaqes recoverable pursuant to Government Code Section 38773.7. (See Section 1.41.160(C)). Sec. 1.41.150 Confirmation of Costs. 60 ~ t ---- r; 0 Followinq the conclusion of the city's remediation. abatement or corrective actions. the Director shall notifY the DroDertv owner and aDDroDriate resDonsible Darties of a DroDosed assessment of costs aqainst each individual Iv and as a lien or assessment aqainst the real DroDertv that was the subiect of abatement or corrective action. Notice and an oDDortunitv to be heard and contest the basis for the assessment of costs or lien shall be provided to those Darties in accordance with Chapter 1.40. Followinq any hearinq or waiver thereof. the City Manaqer may then issue a final order of confirmation of costs aqainst the resDective resDonsible Darties. Sec. 1. 41.160 Enforcement. b.... In accordance with Government Code Section 38773. the City Manaqer or a Director. or both as aDProDriate. may enforce the confirmation of costs as follows: .L.. As a Dersonal obliqation aqainst a responsible Dartv; and. b. Either: As a recorded lien with the Drioritv of a iudqement lien in the real DroDertv records of the County aqainst any real DroDertv which was the subiect of abatement or corrective action: or. As an assessment aqainst the DroDertv which was subiect to abatement or corrective action. to be collected in the same manner as municiDal taxes. .!L.. The city Manaqer. City Attornev or Director is authorized to obtain iudicial enforcement for the foreclosure of the lien. where aPDroDriate. In addition. Dursuant to Government Code Section 38773.7. the City Manaqer may seek treble damaqes for the abatement costs. where the corrective action arose out of or constituted a second or subseauent civil or criminal iudqment within a two year Deriod. as Drovided for in that section. Enactment of this Section 1.41.160B - constitutes the enactment of an ordinance authorizi~ the recovery of treble damaqes in accordance with Gover ent Code Section 38773.7. Sec. 1.41.170 Satisfaction of Lien or Obliqation. UDon Davment in full bv one or more resDonsible Darties for all costs of enforcement and the satisfactory comDletion of all corrective action reauired. the city Manaqer or Director shall DromDtlv issue to all resDonsible Darties a notice of comDliance. The notice of comDliance will be siqned and identifY the affected real DroDertv bv address. leqal descriDtion and tax assessor's Darcel number. and be recorded in the real DrODertv records of the County bv the Director if a lien was recorded. Sec. 1. 41.180 Abatement Fund. 61 ~ ¿~¿/ - ------ -~- --- · The citv Manaaer shall budaet for estimated expenses for abatement and code enforcement purposes in the annual budaet process. Revenue received shall be deposited in a desianated account in the aeneral fund. All penalties and fines collected under Section 1.41.140 shall be deposited to the General Fund. SECTION IV: This Ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Presented by Approved as to form by Kenneth Larsen, Director ~~~1~ John M. Kaheny, City Attorney Building and Housing (H:\shared\bld-hsg\rnunicoI3) January IS, 1998 - .~ - 62 ~ ~/tf.:2- '¡}#~~~i ¿D" ,J, 7) 9 ) ...- ORDINANCE NO. í\'O~ ~f AN ORDINANCE OF THE CITY COUNCIL OF ~ TY OF CHULA VISTA AMENDING SECTION II, RESIDENTIAL D ICTS, AND LAND USE DISTRICTS MAP OF THE EASTLA~ANNED COMMUNITY DISTRICT REGULATIONS, . 1. RECITALS , A. Project Site WHEREAS, the properties which the subjecl matter of this Resolution are diagrammaticalJy represented in Exhibits A and B attached hereto and incorporated by this reference, identified as Lots 01, 36,37,38,39 and 40 of Parcel R-2, and Parcel R-1O of the EastLake Greens Sectional PJanning Area (SPA) plan ("Projecl Site"); and, B. Projèct; AppJication for Discretionary Approval WHEREAS, on October J6, 1997, The EastLake Company ("Developer") filed applications for an amendment to the EastLake Greens Sectional Planning Area (SPA) pJan and Eastlake II (EastJake I Expansion) Planned Community District Regulations and Land Use District Map ("Project"); and, WHEREAS, the proposed amendments to the SPA Plan, Planned Community District Regu]ations and Land Use District plan consist of changing ParceJ R-IO Land Use District designation from RP-8, Residential Planned Concept to RC-IO, Residential Condominium, and establishing a Guest House Land Use District Overlay (GH) and corresponding development standards for lots 01, 36-40, Chula Vista Tract 88-03 (1078, 1079, 1082, 1086, 1090, 1094 Augusta Place), within the East]ake Greens ParceJ R-2. ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of the following: (I) a General DeveJopment Plan, EastLake II (EastLake I Expansion) previously approved by Cily Council Resolution No. 15198 ("GDP"); and (2) the EastLake Greens Sectional Planning Area PJan, previously adopted by City Council Resolution No. J5199 both approved on July 18, 1989; and (3) an Air Quality Improvement Plan (EastLake Greens Air Quality Improvement Plan) and (4) a Waler Conservation Plan (EastLake Greens Water Conservation Plan) and Public Facilities Financing Plan (Eastlake Greens Public Facilities Financing Plan) both previously approved by the City Council on November 24, 1992, by Resolution No. J6898; and, ~ ?~/ /' D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public h Project on December 10, 1997, and voted to recommend that ~ approve the Project, based upon the findings listed beJow; CiIy Council Record of Applications HEREAS, a duly called and noticed public ring was held before the CiIy unciJ of the City of Chula Vista on Janu 20, 1998 on the Project, received the ecommendations of the Planning C mission, and heard public testimony with egard to same. II ista does hereby find, determine and ordain A. PLIANCE WITH CEQA The Environme iew Coordinator has determined that this Project falJs under the purview revious environmental analysis conducted under FSEIR-86- 04 (B), EastJake ns. Thus, no further environmental action is necessary. B. FINDINGS F ANNED COMMUNITY ZONE AMENDMENTS uncil hereby 1 ds Ihat the proposed amendment to the EastLake II Expansion) PJan Community District Regulations and Land Use District Jan are consistent wit the City of Chula Vista General Plan, and public necess' y, convenience, Ihe gener welfare, and good zoning practice support the ame ments. - ~ C. ROV AL OF ZONE AMENDME - he City CounciJ does hereby approv the amendments to the Planned Community District Regulation as shown on ttachment 4, attached hereto and incorporated he'rein by this reference, and Land se District Plan amendments as diagrammatically represented In Exhibit B d C, attached hereto and incorporated herein by this reference. III. INVALIDITY; AUTOMATIC REVOCATJON It is the intention of the City Council that its adoption of this Or ance is dependent upon the enforceability of each and every term, provision and condit n herein stated; and that in the event that anyone or more terms, provisions or conditions e delermined by a Court of compelent jurisdiction to be invalid, illegal or unenfo ble, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. ~ ;; ~;;2 IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Ûr-- "r/Iu~ ~ n ) ~<0-- Kenneth G. Lee John M. Kaheny, City Attornel Director of Planning (H:\sham:l\anomey\PCM-9814.ceO) - - - ~ ?;J .-_...__..__..~-.-~ ...---------- COUNCIL AGENDA STATEMENT Item t Meeting Date 2/10/98 ITEM TITLE: Resolution /frg g' / Rejecting bids for the "Delineator Removal Program - Phase III at Fourth Avenue and "E" Street and along Otay Lakes Road near Bonita Vista High School, in the City of Chula Vista, CA," (TF239) SUBMITTED BY: Drnx'''' of "",,Ii, wo""vI' ~ REVffiWED BY: City Manager j~ ~ ft (4/5ths Vote: Yes_NoX) At 2:00 p,m, on December 3, 1997 in Conference Room 3, the Director of Public Works received sealed bids for the "Delineator Removal Program - Phase III at Fourth Avenue and "E" Street along and Otay Lakes Road near Bonita Vista High School, in the City of Chula Vista, CA." (TF239), The general scope of the project invoJves the construction of raised medians at the intersection of Fourth Avenue and "E" Street (in front of the ARCO gas station) and along Otay Lakes Road near Bonita Vista High School. The work to be done involves the removal and disposal of existing improvements, installation of median curbs, colored and stamped concrete slab work, street signs, pavement striping, traffic controJ and other miscellaneous structures as shown on the plans. RECOMMENDATION: That Council approve resolution rejecting bids for the "Delineator RemovaJ Program - Phase III at Fourth Avenue and "E" Street and aJong Otay Lakes Road near Bonita Vista High School, in the City of Chula Vista, CA," (TF239) BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: Funding for this project was budgeted during the FY 1997-98 Capital Improvement Program (CIP) budget process, This project is part of a program that was set up for the replacement of temporary traffic control delineators that have been placed throughout the City. The delineators are aesthetically unappeaJing and must be replaced on a regular basis as they are run over by motorists, The raised medians would provide a more permanent and attractive barrier that is virtually maintenance free, The project was advertised for a period of four weeks and pJans were purchased by three contractors, and on the bid opening date we received one bid, shown below: Contractor Bid Amount Star Paving Corporation, San Diego, CA $44,221.00 g-J Page 2, Item_ Meeting Date 2/10/98 The low bid by Star Paving is above Ihe Engineer's estimate of $33,300 by $10,9210 or 32,8%, The Engineer's estimate was based on bids received for similar projects, There has been a recent substantial increase in construction activity in Ihe San Diego County area. Because of Ihis, we have been receiving very little interest from contractors on Ihe smaller projects. After Ihe bid opening, staff reviewed some of Ihe trade papers to see what was happening in oIher cities, and Iheir bid results seemed to mirror what we have been experiencing, In a recent publication of Ihe "Daily Transcript" showing bids received by various agencies in San Diego County, three out of Ihe four bids showed Ihe lowest bid above Ihe Engineer's estimate, Staff has noted this trend and will be factoring this into subsequent projects. Current "Packa~in~" of Ihe Proiect The project was "Packaged" to construct raised medians at two locations. The bid proposal sheet showed Ihe total quantities for Ihe various items of work to be done at boIh locations, in Ihe same manner we bid the two previous delineator removal projects, Staff was optimistic about Ihe bid amount and did not see Ihe necessity of breaking up Ihe bids for each of Ihe locations, hence we did not provide an option for building the median at eiIher of Ihe locations if we did not receive favorable bids, Since Ihe bid was much higher Ihan expected, we have no way of awarding contract for just one location, We intend to rebid Ihe project such Ihat we will have Ihe option to award contract for one or boIh sites. Pro¡JOsed "Packa~in~" ofIhe Proiect It is Staff s opinion Ihat taking the following steps will result in bids Ihat fall wiIhin our budget: 1. When Ihe project is re-advertised, notices will be sent to all contractors in our database who do Ihis kind of work notifying Ihem of Ihe project and inviting Ihem to bid on it. We feel Ihat this approach will generate a greater response, and hence a more competitive bidding process Ihan Ihe current process provided. 2. The project will be repackaged wiIh Ihe two locations identified as separate items in Ihe bid proposal. The contract will be awarded based on Ihe lowest bid received for Ihe total cost of doing work at boIh locations, However, Ihe City would reserve Ihe right to award contract for work on eiIher one of Ihe locations or for Ihe total project depending on Ihe bid amount. This would give us Ihe flexibility Ihat Ihe current bid package did not provide, 3. The specifications currently provides for Ihe work to be done within 30 working days, The revised specification would allow Ihe project to be built in 45 working days, This, we have been told, would allow small contractors wiIh experience who have few personnel to bid Ihe project hence increasing Ihe chances of getting lower bids, To assure disruption to the public is minimized, we will include provisions in Ihe contract documents that will control the periods when Ihe contractor can disrupt traffic flows, ';'~c:2- --- -"--'-- ."---- ~--~-_..._-_."'-,_..,--,.._.- Page 3, Item_ Meeting Date 2/10/98 4, Another possibility for lowering the cost of this project is to combine it with another one having similar and/or compatible items of work, This would provide us with an economy of scale that could make it more economically feasible to achieve, FISCAL IMPACT: Funding for this project was budgeted in the FY 97-98 CIP budget. The project as budgeted will utilize Gas Tax Funds. The action requested tonight would allow staff to re-bid the project with the goal of getting a bid that falls within the budgeted amount. (0735- to- TF239) January 30,1998 (8:15am) H, IHOMElENGlNEERIAGENDA IRVTF239 .AC sY-.] ."-----~- - - -_.._--_..._~...-. _........_.~---_._.._.._._----- RESOLUTION NO. ) ~';i[?Š I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR THE "DELINEATOR REMOVAL PROGRAM - PHASE III AT FOURTH AVENUE AND "E" STREET AND ALONG OTAY LAKES ROAD NEAR BONITA VISTA HIGH SCHOOL, IN THE CITY OF CHULA VISTA, CA. (TF239) WHEREAS, at 2:00 p.m. on December 3, 1997 in Conference Room 3, the Director of Public Works received the following sealed bid for the "Delineator Removal Program - Phase III at Fourth Avenue and "E" Street along and otay Lakes Road near Bonita vista High School, in the City of Chula vista, CA." (TF239): Contractor Bid Amount Star Paving Corporation, San $44,221.00 Diego, CA WHEREAS, the low bid by Star paving is above the Engineer's estimate of $33,300 by $10,9210 or 32.8% which estimate was based on bids received for similar projects; and WHEREAS, there has been a recent substantial increase in construction activity in the San Diego County area and consequently the city has been receiving very little interest from contractors on the smaller projects; and WHEREAS, after the bid opening, staff reviewed some of the trade papers to see what was happening in other cities, and their bid results seemed to mirror what we have been experiencing and staff will be factoring this into subsequent projects; and WHEREAS, the project was "Packaged" to construct raised medians at two locations and since staff was optimistic about the bid amount, they did not see the necessity of breaking up the bids for each of the locations, hence did not provide an option for building the median at either of the locations if we did not receive favorable bids; and WHEREAS, since the bid was much higher than expected, staff has no way of awarding contract for just one location and intends to rebid the project such that we will have the option to award contract for one or both sites. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby reject the bids for the "Delineator Removal Program - Phase III at Fourth Avenue and "E" Street and along Otay Lakes Road near Bonita vista High School, in the City of Chula vista, Ca. Presented by Approved as to form by John P. Lippitt, Director of Public Works 8"~ "__.___·_.·'._~__·n.._~~__._____ THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You arc required to file a Statement of Disclosure of cenain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the pan of the City Council, Planning Commission, and all other official bodies, The following information must be disclosed: I. List the names of all persons having a financial interest in the propcny which is the subject of the, application or the Contract, e,g., owner, applicant, Contractor, subcontractor, material supplier. -0b.{lßI I1ßW7r:;iJ!Wrß-" . ~. , 2. If any person" identified pursuant to (I) above is a cOtpOrationor pannership, list the names of all individuals owning more than 10% of the shares in the cOlporation or owning any pannership interest in the pannership. /1/ /p- 3, If any person" identified pursuant to (I) above.is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ~M 4, Have you had more than $250 wonh of business transacted with any:¡ember of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Yes _ No _ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees. consultants, or independent Contractors who you have assigned to represent you before the City in this matter, Le.~ J. 06~, de.- ~NNe.:rw ~uz.- J.k t./oI- WeJOO 6. Have you and/or your officers or agents, in t:ìaggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes _ No _ If yes, state which Council members(s): Date: /s d/h.J. 19C)! LG~ J. ~ > "V".e. Print or type name of Contractor! Applicant " Person is defined as: "Any individual, firm, co-pannership, joinl venture, associarion, social club, frarernal organizarion, corporation, estare, trust, receiver, syndicare, this and any other county, city or COUnlry, city municipality, district, or other political subdivision, or any other group or combinarion acting as a unit. 'fJ' ~ 5 14 ---- ,.-". -,_...._---~ COUNCIL AGENDA STATEMENT Item 9 Meeting Date 2/10/98 ITEM TITLE: Resolution I %g~ ~Accepting bids and awarding contract to Signal Maintenance, Incorporated, for \he installation of Traffic Signal Emergency Vehicle Pre-emption (EVPE) System along "H" Street comdm. ;0" c", OfClroI-;;''' SUBMITTED BY: Director of Public Work~ REVIEWED BY: C;'Y M>rog,u~ ~ ~ (4/5ths Vote: Yes_No.x) On January 21, 1998, \he Director of Public Works received sealed bids from three (3) electrical contractors for \he installation of Traffic Signal Emergency Vehicle Pre-emption (EVPE) System along "H" Street corridor. A low bid of $118,878 was received from Signal Maintenance, Incorporated, RECOMMENDATION: That Council approve \he resolution accepting bids and awarding contract to Signal Maintenance, Incorporated, for \he installation of Traffic signal Emergency Vehicle Pre-emption (EVPE) System along "H" Street corridor. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: On January 21, 1998, \he Director of Public Works received sealed bids from three (3) electrical contractors for CIP No, TF251-lnstallation of Emergency Vehicle Pre-emption (EVPE) System on fifteen (15) existing signalized intersections along "H" Street corridor. The existing signalized intersections to be upgraded are as follows: "H" Street and Woodlawn Avenue Broadway and "H" Street 4th Avenue and "H" Street 3rd Avenue and "H" Street 2nd Avenue and "H" Street 1st Avenue and "H" Street "H" Street/East "H" Street and Hilltop Drive East "H" Street and Hidden Vista Drive East "H" Street and Terra Nova Drive Del Rey Boulevard and East "H" Street East "H" Street and Paseo Ranchero Buena Vista Way and East "H" Street East "H" Street and Southwestern College Driveway Auburn Avenue and East "H" Street Corral Canyon Drive/Rutgers Avenue and East "H" Street 1-/ . -_._.~._-- - ._-~-_. ------ --~_.__._-_..,-_.- Page 2, Item_ Meeting Date 2/10/98 This project was approved and funded in the City's 1997-98 Capital Improvement Program, The work to be done includes the installation of new mast-arm mounted EVPE detectors, Descriminator Modules (Phase Selectors) and other miscellaneous signal equipment necessary to make the EVPE system operational. This project will also include the reconfiguration of the existing EVPE detectors at East "H" Street and Paseo del Rey and minor modification to other existing traffic signal systems. The bids received were as follows: Contractor Bid amount 1. Signal Maintenance, Inc. - Santee $118,878 2. DBX Electric, Inc, - Temecula $124,021 3, Select Electric, Inc, - Spring Valley $124,021 The low bid of $118,878 for the project was received from Signal Maintenance, Incorporated, The low bid is above the Engineer's estimate of $116,150 by approximately 2.35%, The Engineer's estimate was based on bid prices from previously awarded City traffic signal projects. The low bid contractor, Signal Maintenance, Incorporated, has completed several projects for the City in the past with favorable performance, Signal Maintenance, Incorporated, has met all City requirements for award of contract as set forth in the bid document. The total project cost is $156,000 which includes the $118,878 contract amount, $6,122 for contingencies, $20,000 in staff costs for design, inspection and contract administration, and the balance of $11,000 to purchase EVPE emitters to be installed on emergency vehicles and other miscellaneous expenses, The approved CIP budget for this project is $156,000. There is sufficient funding for the project to proceed with construction, The Fire Department will be purchasing the emitters after this project is under construction, Enviromnental Status The City's Enviromnental Review Coordinator has reviewed the work involved in this project and determined that the project is exempt for CEQA both under CEQA Guidelines, Section 15061 (b) (3) and Section 15303, Class 3 (new construction or conversion of small structures). Disclosure Statement A copy of the Contractor's disclosure statement is attached as Exhibit "A", 9~.2. -- - ------ ..- ..__._----~---~--------_..__... Page 3, Item_ Meeting Date 2/10/98 Prevailin~ W a~e Statement The source of funding for this project is the Traffic Signal Fund, Contractors bidding this project were not required to bid based on paying prevailing wages to persons employed by them for the work under this contract. No special minority or women owned business requirements were necessary as part of the bid documents, Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various minority trade publications. Form of A!!reement The contract will be let on the City's standard Public Works Contract form. The final form will be approved by the City Attorney, FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A, Contract Amount $118,878 B. Contingencies (Approximately 5 %) $6,122 C, Design, Inspection & Administration $20,000 D. Other equipment and expenses $11,000 (EVPE emitters) TOTAL $156,000 FUNDS AVAILABLE FOR CONSTRUCTION Traffic Signal Fund - TF-251 I $156,000 Total funds required for design, inspection and administration include $4,458 in previously expended staff time for design. There are no additional annual maintenance and energy costs associated with this project over what are currently being paid, The source of capital funding for this project is the Traffic Signal Fund and sufficient funds are available for construction. Completion of this work will very slightly lower future maintenance costs by removing signal head indications on median islands, The purchase of the 11 EVPE emitters will expend the remaining $11,000 of the CIP funds set aside for that purpose, Attachment: Exhibit A - Contractors Disclosure Statement NOT SCANNED File No: 0735-IO-TF251 H:\HOME\ENGlNEER\AGENDA \TF251.RDJ 9-3 - ~~--. - ...--.-------.,--- RESOLUTION NO. /8'21[(..2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT TO SIGNAL MAINTENANCE, INCORPORATED, FOR THE INSTALLATION OF TRAFFIC SIGNAL EMERGENCY VEHICLE PRE-EMPTION (EVPE) SYSTEM ALONG "H" STREET CORRIDOR, IN THE CITY OF CHULA VISTA WHEREAS, on January 21, 1998, the Director of Public Works received the following three sealed bids from electrical contractors for the installation of Traffic Signal Emergency Vehicle Pre-emption (EVPE) System along "H" Street corridor: Contractor Bid amount 1. Signal Maintenance, Inc. - Santee $118,878 2. DBX Electric, Inc. - Temecula $124,021 3. Select Electric, Inc. - Spring $124,021 Valley WHEREAS, the low bid of $118,878 for the project was received from Signal Maintenance, Incorporated and is above the Engineer's estimate of $116,150 by approximately 2.35% which estimate was based on bid prices from previously awarded City traffic signal projects; and WHEREAS, the low bid contractor, Signal Maintenance, Incorporated, has completed several projects for the city in the past with favorable performance and has met all City requirements for award of contract as set forth in the bid document; and WHEREAS, the total project cost is $156,000 which includes the $118,878 contract amount, $6,122 for contingencies, $20,000 in staff costs for design, inspection and contract administration, and the balance of $11,000 to purchase EVPE emitters to be installed on emergency vehicles and other miscellaneous expenses; and WHEREAS, the City's Environmental Review Coordinator has reviewed the work involved in this project and determined that the project is exempt for CEQA both under CEQA Guidelines, section 15061 (b) (3) and section 15303, Class 3 (new construction or conversion of small structures). 1 9~7 -_.~..._-_.._- - - ----....---- NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept bids and award the contract to Signal Maintenance, Incorporated, for the installation of Traffic Signal Emergency Vehicle Pre-emption (EVPE) System along "H" Street corridor, in the city of Chula vista. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said contract for and on behalf of the city of Chula vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works C:\rs\evpe.bid 2 9-Ç -...- ..-. COUNCIL AGENDA STATEMENT Item: /0 Meeting Date: 2/10/98 ITEM TITLE: Resolution jg"g¿r3 Approving the First Amendment to the Contractual Agreement with Jeff Katz Architecture for Architectural Services Associated with the Design and Relocation Construction of Chula Vista Fire Station #4 and the Design of the Fire Training Classroom, and Appropriating Funds therefor, SUBMITTED BY: Fire Chief ~If ~ REVIEWED BY: City Manager J ~ bQ -4 (4/5ths Vote: Yes ...x.-No_) Council-approved CIP Project #PS-120 provides for the relocation and construction of Fire Station #4 from its current location to the Fire Training Tower site in the Rancho del Rey development; Jeff Katz Architecture has been hired to provide the architectural services for the fire station. Consistent with the approved Fire Station Master Plan, a Fire Training Classroom (CIP Project #PS-127) has been proposed (for FY 98-99) to complement the existing Training Tower, completing the Fire Training Complex. With the initial design of the fire station in progress, it has become evident that coordination can be enhanced and funds saved if the Fire Station architect completes the design work on the Classroom at the same time, As no funds for the Fire Training Classroom CIP project have currently been appropriated, an appropriation from the Fire Development Impact Fee Fund is needed. RECOMMENDATION: That Council adopt the resolution approving the First Amendment to the Agreement with Jeff Katz Architecture to provide for architectural services for the concurrent design of Fire Station #4 and the Fire Training Classroom, and appropriate funds therefor. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: Backaround Capital Improvement Project#PS-120 provides for the relocation and construction of Fire Station #4 from its current location at 861 Otay Lakes Road to the Fire Training Tower site at the corner of East 'H' Street and Paseo Ranchero in the Rancho del Rey development. On March 25, 1997, the City Council appraved an agreement with Jeff Katz Architecture (Resolution 18607) to provide architectural services for the design and construction of the 4,000 square-foot fire station. Since that time, staff has been working closely with the architect on the integrated site plan and the station floorplan. The construction budget for this project is approximately $520,000, /ð-'j ---..-.,-.-.-,.- -"-'--~'-' Item: Meeting Date: 2/10/98 Page: 2 As progress was made on the site plan, it became evident that certain elements would have to be included to accommodate the very near future construction of the adjacent 1740 square-foot Fire Training Classroom. These elements include the layout of current and future parking, stubbing out of utilities in the proper locations, and designing and installing temporary irrigation and landscaping for the area where the Classroom would ultimately be constructed. These elements not only add significant costs to the fire station project, but they are also based upon speculation about the future design specifics and orientation of the Classroom building. Without a reasonably-detailed design of the Classroom in-hand at the time the specifics of the fire station are contemplated, accurate placement of utilities, parking, and permanent landscaping for the Classroom becomes difficult, to say the least. The construction budget for the Classroom is currently proposed at $200,000, Proposal for Concurrent Design The design and construction of the Training Classroom has been tentatively scheduled in the 5- Year Capital Improvement Program for next fiscal year (98-99), subject to Council approval and appropriation of funds later this year. In order for the design of the fire station to proceed efficiently and with maximum effectiveness, it is proposed that the architect design both buildings concurrently. There will be a savings ($3,000 to $21,000) in design costs from that which would likely be charged if the projects were designed separately, and construction costs for the fire station may be reduced between $25,000 to $50,000 as a result of the availability of an overall coordinated site plan, Additionally, from a visual and space utilization perspective, the concurrent design will enable coordination of architectural features, and allow the buildings to be situated properly to complement uses to the greatest extent possible, Additional Fees Architectural services for the classroom, if designed as a separate facility, could cost between $26,000 and $44,000 (12% to 20%), The fire station architect has submitted a proposal to do the work concurrently for a fixed fee of $23,000 (11.5%), The overall fee includes fees for construction administration and final post-construction ("as-built") drawings ($2,800). This portion of the fees would not begin to be paid to the architect unless/until the Training Classroom is actually under construction. Construction Economy of Scale Incidentally, depending upon the approval of the Capital Improvement Program for FY 98-99, the construction of the Fire Station may be able to be synchronized directly with the construction of the Classroom, In addition to the savings cited above for the Fire Station construction, an additional $20,00 to $30,000 could be saved if the projects are able to be built concurrently, /¿?~;¡ r.>'..:: --...---.. - ---- -- -.,.-- Item: Meeting Date: 2/10/98 Page: 3 Fee Schedule PHASE FIRE STATION TRAINING CLASSROOM (Original Agreement) SCHEMA TIC DESIGN $8,250 $3,750 DESIGN DEVELOPMENT $6,100 $2,900 CONSTRUCTION DOCUMENTS - 90% $26,150 $11,850 CONSTRUCTION DOCUMENTS -100% $3,000 $1,200 BIDDING $1,500 $500 CONSTRUCTION ADMINISTRATION $6,250 $2,650 AS-BUILT DRAWINGS $750 $150 TOTAL $52,000 $23,000 The Firm of Jeff Katz Architecture Jeff Katz Architecture maintains its office in San Diego and is a full service architectural, planning and construction management firm, The Principal Architect is Jeff Katz, AlA, and has many years of experience working on public and private sector projects including San Miguel Consolidated Fire Protection District, City of La Mesa Fire Department, City of San Diego Fire Department, City of Banning Fire Department, Sea World, United States Postal Service, Logan Heights Family Health Center, and Hewlett Packard. For Your Information Notwithstanding the amended agreement proposed above, the Council should be aware that a petition has been received recently from Rancho del Rey homeowners which urges the McMillin Company to donate the Rancho del Rey Information Center (building adjacent to the City's Fire Training Complex site) to the City. Over the course of the past 4 months, Staff has thoroughly investigated various possibilities for a training classroom apart from new stucco/frame construction. One of the possible solutions was to broker a deal with McMillin for the purchase of the Information Center. While elements of the facility could suit the Fire Department's needs, there are items which remain of some concern to the City. McMillin has related to the City that the most-recent appraisal of the building was close to 1 million dollars, With a Training Classroom construction budget topping out at $200,000, McMillin was flatly not interested in further discussions with the City on that building, Because of strict timing constraints of the Fire Station/Classroom Project, the City needs to continue at this point with the design of the buildings. Discussions can be reopened with McMillin if they desire, however, a final decision would need to come prior to awarding a bid for the Training Classroom construction this Summer. Staff will return to Council on this issue if any discussions indicate fruitfulness. /tJ-J , , ---- ---.---..--------..-..,- Item: Meeting Date: 2/10/98 Page: 4 FISCAL IMPACT: The fiscal impact of this action to authorize Jeff Katz Architecture to design the Training Classroom concurrently with the Fire Station is $23,000, If the Training Classroom is not built concurrently with the Fire Station, the expenditure would be limited to $20,200 (no Construction Administration would be performed and no "As-Built" drawings would be completed.) Sufficient funds exist in fund 806 (Fire DIF) for appropriation to Account #806-8060-PS127 in the amount of $23,000 for the additional architectural design services. )IJ /;/ 1 - - ____..._.___n__n_ ___nn _ _ .0_ _ ___.______ RESOLUTION NO. ¡'g;¡¡g;S RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE CONTRACTUAL AGREEMENT WITH JEFF KATZ ARCHITECTURE FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE DESIGN AND RELOCATION CONSTRUCTION OF CHULA VISTA FIRE STATION #4 AND THE DESIGN OF THE FIRE TRAINING CLASSROOM, AND APPROPRIATING FUNDS THEREFOR WHEREAS, Council-approved CIP Project #PS-l20 provides for the relocation and construction of Fire station #4 from its current location to the Fire Training Tower site in the Rancho del Rey development; and WHEREAS, Jeff Katz Architecture has been hired to provide the architectural services for the fire station; and WHEREAS, consistent with the approved Fire station Master Plan, a Fire Training Classroom (CIP Project #PS-l27) has been proposed for FY 98-99 to complement the existing Training Tower, completing the Fire Training Complex; and WHEREAS, with the initial design of the fire station in progress, it has become evident that coordination can be enhanced and funds saved if the Fire station architect completes the design work on the Classroom at the same time; and WHEREAS, as no funds for the Fire Training Classroom CIP project have currently been appropriated, an appropriation from the Fire Development Impact Fund in the amount of $23,000 is needed. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve the First Amendment to the Contractual Agreement with Jeff Katz Architecture for architectural services associated with the design and relocation construction of Chula vista Fire station #4 and the design of the Fire Training Classroom, a copy of which shall be kept on file in the office of the city Clerk as Document No. BE IT FURTHER RESOLVED that the Mayor is authorized and directed to execute said First Amendment on behalf of the City of Chula vista. BE IT FURTHER RESOLVED that the amount of $23,000 is hereby appropriated from Fund 806 (Fire DIF) to Account #806-8060- PSl27. Presented by Approved as to form by ~=Þrl~# ~~¿~ James Hardiman, Fire Chief Joh. Kaheny, C~y Att rngy 0 C:\rs\katz.1st /¿'J/ S- , ____n_ _~_____ .,._,_..._____..__ _ ____.___._._'.___m_~.~_·___ First Amendment to Agreement between City of Chula Vista and Jeff Katz Architecture for Architectural Consulting Services Recitals Whereas, the City of Chula Vista ("City") and Jeff Katz Architecture ("Consultant")entered into the original Agreement for architectural consulting services on March 25, 1997; and, Whereas, the City now desires to expand the scope of Consultant's work to provide architectural and design services in conjunction with the Chula Vista Fire Department Fire Training Classroom as described in Exhibit 'A-l'i and, Whereas, the Consultant warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions as set forth below. Now, therefore, the parties hereto agree as follows: 1. Exhibit 'A' to the original Agreement shall be replaced with Exhibit 'A-I' attached hereto. 2. All other items and conditions not modified by this First Amendment to the original Agreement shall remain in full force and effect. / ð -- t '_ m.m·.m.·.._ . ____m.'u..___.._ ......._.. _~ . _".__......._.....__...____.._ ___'"'_'.m_ Signature Page to First Amendment to Agreement between City of Chula Vista and Jeff Katz Architecture for Architectural Consulting Services IN WITNESS WHEREOF, City and Consultant have executed this First Amendment thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 19 City of Chula Vista - by: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: ~~~~~-~ - Jo Kaheny, Ci Attar e 0- Dated: . Principal Exhibit List to Agreement (X) Exhibit A-I. Jd"'7 Exhibit A-I to Agreement between City of Chula Vista and Jeff Katz Architecture 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Jeff Katz Architecture 5. Business Form of Consultant: (X) Sole Proprietorship ( ) Partnership ( ) Corporation 6 . Place of Business, Telephone and Fax Number of Consultant: 7290 Navajo Road, Suite 106 San Diego, California 92119 Voice Phone (619) 698-9177 Page 1 /tJ ,- Y .-.... -,---- .~.d_..-.'__"__'____"___~_ _________ Fax Phone (619) 698-9178 7 . General Duties: A. PROJECT DESCRIPTION (1) The Consultant shall design a new fire station and training classroom to be located at the corner of East 'H' Street and Paseo Ranchero adjacent to the Fire Training Tower in the Rancho del Rey development in the City of Chula Vista("Project") . With a combined construction budget of approximately $709,000 (excluding contingency funds) , the Project is envisioned by the City as a 1500 square-foot structure, accommodating living quarters and office space for up to four firefighting personnel (male and female), with an attached 2500 square-foot (approximately 60' x 40') dual-entry ("drive-through" ) apparatus room equipped with an exhaust gas elimination system, and related site improvements ("Fire Station"); and a separate 1740 (approximate) square-foot training classroom with associated office space, restroom facilities, and related site improvements adjacent to the Fire Station ("Training Classroom") . (2) The Consultant shall ensure that the Project is designed and constructed to optimize energy efficiency, durability and ease of maintenance, and in accordance with all applicable current State and local statutes, codes and ordinances including, but not limited to, the following: a. The Uniform Building Code b. The Uniform Fire Code c. Current standards of the Americans with Disabilities Act (ADA) (3) The Consultant acknowledges that the funds for the construction of the Training Classroom (see: Task Group IIb below) have not been appropriated at this time, and that no representation has been made by Page 2 ) t7 _,;7 --.-". City as to the certainty of any future approvals. Approval for the portion of Project specifically associated with the construction of the Training Classroom is at the sole discretion of City. (4) Work in Task Groups Ia and IIa below is intended to be done concurrently as one set of documents. (5) a. TASK GROUP Ia: Defined as those tasks, consistent with the above description of the Project, associated with the following phases of the Fire Station and related site.improvements: Schematic Design Phase Design Development Phase Construction Documents - 90% Construction Documents - 100% Bidding b. TASK GROUP Ib: Defined as those tasks, consistent with the above description of the Project, associated with the following phases of the Fire Station and related site improvements: Construction Administration As-Builts c. TASK GROUP IIa: Defined as those tasks, consistent with the above Project description , associated with the following phases of the Training Classroom and related site improvements: Schematic Design Phase Design Development Phase Construction Documents - 90% Construction Documents - 100% Bidding d. TASK GROUP IIb: Defined as those tasks (if approved by the. City) , consistent with the above Project description, associated with the following phases of the Training Classroom and related site improvements: Construction Administration As-Builts Page 3 /t7,"/¡/ B. GENERAL PROVISIONS (1) The Consultant shall be responsible for coordination of all of the work and payment associated with subconsultants listed in Section 19, below, and the fees associated with these subconsultants shall be included within the Consultant's basic fee for services. (2) Once a general contractor is selected by the City, the Consultant agrees to cooperate in timely response to requests for information with the chosen general contractor and any of its various subcontractors and to assist in compliance with the stipulated budget for construction of the Project, in accordance with normal industry standards of practice. (3) The City shall have the right to suspend work on the Project for a period of up to ninety (90) days without suffering any increased compensation to Consultant or any of its sub consultants and this temporary suspension shall not constitute a termination of this Agreement. 8 . Scope of Work and Schedule: A. CONSULTANT'S DETAILED SCOPE OF WORK: The Scope of Work is based on the stated intent of the City to utilize Chula Vista Fire Station #2 (80 East 'J' Street) as the basic design model for the Project, and, as applicable, the "Chula Vista Fire Department Fire Station Design Specifications" as a basis for the design of the new station. (l) SCHEMATIC DESIGN PHASE AS TO FIRE STATION AND TRAINING CLASSROOM a. Tour existing Fire Station No. 2 and hold "Brainstorming" sessions with Chula Vista Fire personnel to discuss features of the new Fire Station design in order to refine the program requirements contained within the Fire Station Page 4 /¡)--j I _.".......~..._.. -~,._._- .."..--- Design Specifications. b. Perform preliminary code and zoning review. c. Meet with City Building and Planning Departments to review all requirements including design requirements and building accessibility issues. d. Develop Preliminary Building Floor Plans and Building Elevations for both the Fire Station and the Training Classroom. e. Prepare site plans sufficient to develop conceptual site drawings indicating placement of structures and amenities on site. f. Develop preliminary Cost Estimates based upon building systems. The estimates prepared at this phase will be generally square foot cost estimates for the various building components, and will include a design development contingency (to allow for potential increases as the design is refined further in the later stages of the project) . g. Make required presentations to Chula Vista Fire Department to review scope, recommendations and findings of this phase of the Consultant's work. h. Make required Design Review Submittals to McMillin Companies, City of Chula Vista, and other groups from which it may be necessary for the City to receive comments or approvals. It is assumed for this proposal that one set of documents will be prepared and submitted concurrently to the two entities. Drawings required for this submittal will include: . Site Analysis Diagram . Schematic Floor Plan Schematic Building Elevations Preliminary Site Plan Conceptual Landscape Plans Page 5 /tP 'j,;2 -_._---_._._---~.._-_.._-,_.- . Color and Material Sample Boards These drawings will include color and material call outs , as well as a colored building elevation drawing. No models or rendered drawings are included in this proposal. 1. Make required presentations to City Council to review proposed design, j . Make required corrections to Schematic Design in order to obtain Schematic Design approval from the City of Chula Vista. Required corrections shall fit within the parameters of the Station No. 2 design concept and the approved project budget. Corrections required which are inconsistent with the Station No. 2 design concept, or the project budget will be an additional service. k. After obtaining approval of Schematic Design, the Design Development phase will commence. (2) DESIGN DEVELOPMENT PHASE AS TO FIRE STATION AND TRAINING CLASSROOM a. Refine design of Floor PI an..s: , Building Elevations and Site Plan. b. Coordinate building and site requirements with Owner's Soils Engineer. c. Develop structural system..s: consistent with design concept. No engineered site retaining walls will be required for the project. d. Prepare Interior Elevations, Building Sections, Reflected Ceiling Plans and Roof Plans. e. Prepare Grading, Drainage and Utility Plans consistent with design concept (prepared from City- provided Topographic Survey) . Page 6 /1J'~/3 -.-. f. Develop building mechanical, plumbing and electrical systems consistent with design concept. g. Prepare preliminary line item Construction Cost Estimate based on actual building components. This estimate will be more detailed than the systems estimate prepared during schematic design. h. Review meeting with Fire Department and City staff to review proposed design. 1. As mutually agreed by the City and Consultant, there will not be a formal Design Development submittal. Rather, the drawings submitted at this stage will be "mark-ups" intended to reflect more information than would normally be found in a "design development" submittal. The intent is to present as much information to the Fire Department as possible with regard to proposed building systems, structures, layouts, etc. Based on the information presented, the Fire Department will review and comment on all of the proposed features of the new buildings and site design. j . After obtaining City approval of the information presented in the Design Development drawings, the Construction Documents phase will commence. (3) CONSTRUCTION DOCUMENTS PHASE AS TO FIRE STATION AND TRAINING CLASSROOM a. Prepare drawings and specifications as listed in Attachment '1' to Exhibit 'A-I' which are suitable for bidding to clearly delineate the Contractor's scope of work (Work) . The City will provide all General and Supplementary Conditions for the Project. Official submittals to the City during this phase of the Consultant's work will occur at approximately 90% complete (concurrent with submittal to the Building Department) and at 100% complete. Page 7 J ¿7~ / r b. Submit plans to local utility companies for review. (Note: Any required Utility Company fees are not included) . c. Submit plans to City of Chula Vista Building Department for plan check, and perform all required revisions to construction documents based on Building Department's plan check comments. (Note: plan check and permit fees are not included.) d. Update Construction Cost Estimate. e. Meet with Fire Department and City staff to review final design. f. Construction Documents shall include the Training Classroom as an Alternate Bid Item. (4) BIDDING PHASE AS TO FIRE STATION AND TRAINING CLASSROOM a. Provide original drawings (on Mylar) and specifications to the City. City will assemble and distribute bid packages. b. Interpret and clarify contract documents for contractors, and issue addenda as required. c. Conduct a Pre-Bid walkthru at the site with all interested contractors, d. Participate in bid opening, review contractor's detailed cost breakdown, and assist City in evaluation of bids. (5) CONSTRUCTION ADMINISTRATION PHASE AS TO FIRE STATION AND/OR TRAINING CLASSROOM a. The construction phase/administration of the construction contract shall commence upon the beginning of construction and shall be limited to a Page 8 /?J~)S- period equal to one hundred and ten percent (110%) of the total allowable time for the contractor's completion of the Work (inclusive of all required interior finish, fixture and equipment procurement) . b. Attend Pre-Construction conference. c. Review shop drawings and submittals as required by contract documents. d. Interpret contract documents for proper execution and progress of construction, including responding in writing to contractor's or City's requests for information and clarification (RFI' s) . e. For the completion of Task Group lb. (no City approval of Task Group IIb; Fire Station construction only), make ten (10) site visits and meet with assigned City Staff during the course of construction to become familiar with the progress and quality of the Work completed, to determine if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents, and to prepare site visit report. Site visits shall be scheduled with the City in advance. On the basis of on-site observations as an architect, the Consultant shall keep the City informed of the progress and quality of the Work, and shall endeavor to guard the City against defects and deficiencies in the Work. f. For the completion of Task Groups Ib.and lIb. (Fire Station and Training Classroom construction, if City approves Task Group II b.), make fifteen (15) site visits and meet with assigned City Staff during the course of construction to become familiar with the progress and quality of the Work completed, to determine if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents, and to prepare site visit report. Site Page 9 J If-'/ t- --- ._....._-~._,. ._~-.... _.~-- ----- visits shall be scheduled with the City in advance. On the basis of on-site observations as an architect, the Consultant shall keep the City informed of the progress and quality of the Work, and shall endeavor to guard the City against defects and deficiencies in the Work. g. Make one site visit to perform Punchlist Inspection, and one to perform Final Inspection. h. Assist the City in reviewing and processing contractor's progress payment requests. ~. Process contractor's As-Builts and warranty information. j . The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Consultant shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Consultant shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. k. The Consultant's certification for payment shall constitute a representation to the City, based on the Consultant's observations at the site as provided above and on the data comprising the Contractor's Application for Payment that to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and the quality of Work is in accordance with the Contract Documents. Page 10 J¿J~/7 (6) RESPONSIBILITY FOR CONSTRUCTION COST a. Definition: The Construction Cost shall be the total cost or estimated cost to the City of all elements of the Project designed or specified by the Consultant. The Construction Cost shall include the cost at current market rates of labor and materials furnished by the City and equipment designed, specified, selected or specially provided for by the Consultant, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be suggested for market conditions at the time of bidding and for changes in the Work during construction. Construction Cost does not include the compensation of the Consultant and Consultant's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the City. b. Evaluations of the City's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Consultant, represent the Consultant's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Consultant nor the City has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated prices will not vary from the City's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Consultant, c. If the Bidding or Negotiation Phase has not commenced within 90 days after the Consultant submits the Construction Documents to the City, any Project budget or Fixed Limit of Construction Cost ("fixed limit") will be adjusted if necessary to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the City and the date on which proposals are sought. )(:J-j r Page 11 --...- In the event that this adjustment is to be made, the City and Consultant agree to meet in good faith to determine the extent to which the Consultant's scope of work is unreasonably impacted for the purposes of determining additional compensation, if any, for the work performed. d. The fixed limit for the Fire Station construction is set at $520,000 and the fixed limit for the Training Classroom construction (if approved) is $189,000. If the fixed limit ($520,000 for the Fire Station or $709,000 for the Fire Station and the Training Classroom combined construction) is exceeded by the lowest bona fide bid or negotiated proposal, the City agrees to pursue one of the following courses of action: 1.) Give written approval of an increase in the fixed limit; ii. ) Authorize rebidding or renegotiating of the Project; iii.)Terminate the Project proceedings; iv. ) Cooperate in revising the Project scope and/or quality as may be necessary to reduce the Construction Cost; or v.) Any other remedies the City may deem appropriate, e. If the City chooses to proceed under d. ,iv., above, the Consultant, without additional charge, shall modify the Construction Documents as necessary to comply with the fixed limit. The modification of Construction Documents in scope and/or quality to reduce the Construction Cost, using Consultant's best professional advise and knowledge, shall be the limit of the Consultant's responsibility with regard to meeting the fixed limit. (7)MISCELLANEOUS PROVISIONS a. Unless otherwise provided in this Agreement, the Page 12 / tJ-/C; "-,'.''''- -'. --. Consultant and the City-authorized subconsultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form as the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. b. The Consultant shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Consultant's promotional and professional materials. The Consultant's materials shall not include the City's confidential or proprietary information; no such publication shall occur without the prior express written consent of the City to do so. c. If the City and Consultant are unable to reach agreement on any disputed work or compensation, the City may direct the Consultant to proceed with the work. Payment shall be as later determined pursuant to the remedies provided elsewhere in the Agreement_ B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: (I) Consultant to have the Construction Documents complete and ready for bid by contractors. no later than July 15, 1998, unless otherwise agreed to in writing by the City_ D. Date for completion of all Consultant services: (2) Upon Consultant's completion and City's acceptance of all services covered in the Agreement. Page 13 j/l/;¿tJ ~_..~..- 9 . Insurance Requirements: (X) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) . (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage) . 10. Materials Required to be Supplied by City to Consultant: A. It is understood that the City will provide topographic services as required to prepare an existing conditions topographic drawing, in AutoCAD 12 format, for use by the Consultant and City-authorized subconsultants on the Project. It is understood that the City will be responsible for the accuracy of the information provided to the design team, and that no field verification of existing topo information is included by the Consultant. B. All bidding and contract procedure documents. C. Soils and geotechnical reports as required. 11. Compensation: N/A A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Milestone or Event or Deliverable Amount or Percent of Fixed Fee N/A ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be Page 14 J¿J--c2/ ._.~---_.__..__.- ---..._-~..__._- considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. (X) Phased Fixed Fee Arrangement, (1) For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. (2) For the performance of Basic Services authorized for Task Groups Ia" lb. and IIa. , Consultant to provide the stated services for a fixed fee of Seventy Two Thousand Two Hundred Dollars ($72,200) . Invoices will be submitted monthly for the percentage of work actually completed during the Page 15 / tJ/-2,}- "---..---.- month, on any particular phase. (3) For the performance of Basic Services authorized in Task Groups Ia" Ib" IIa. , and IIb. (if IIb. is approved by the City) , Consultant to provide the stated services for a fixed fee of Seventy Five Thousand Dollars ($75,000) Invoices will be submitted monthly for the percentage of work actually completed during the month, on any particular phase. (4) The Basic Services charges are categorized as follows: FIRE STATION TRAINING CLASSROOM PHASE TASK GROUP TASK GROUP TASK GROUP TASK GROUP Ia. lb. IIa. lIb. Schematic Design $8,250 $0 $3,750 $0 Design $6,100 $0 $2,900 $0 Development Construction $26,150 $0 $11,850 $0 Documents - 90% Construction $3,000 $0 $1,200 $0 Documents - 100% Bidding $1,500 $0 $500 $0 Construction $0 $6,250 $0 $2,650 Administration As-Builts $0 $750 $0 $150 Total $45,000 $7,000 $20,200 $2,800 (X) l. Interim Monthly Advances, The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to Page 16 J¿J-;¿) the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 21 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement for Additional Services Additional services shall not be performed by Consultant unless authorized in writing by the City in advance. For performance of any Additional Services by Consultant, as listed below, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow. a. Revisions to Schematic Design or Construction Documents resulting from City-requested changes to previously approved documents, or due to subsequent code or zoning changes, b. Preparing documents for alternate bid items beyond the Consultant's scope of work. c. Processing City change requests after Contractor's bid including revisions to Contract Documents, processing approval of revisions through the Building Department, Change Order negotiation, and preparing drawings and specifications in connection with Change Orders approved in writing by the City. Page 17 /&-,""1 d. Additional site visits specifically requested by the City. e. HOURLY RATE SCHEDULE for Additional Services associated with Task Groups Ia and Ib: Principal Architect $ 90.00 per hour Designer $ 75.00 per hour Drafter $ 55,00 per hour Secretarial $ 40.00 per hour Structural Engineer $ 95.00 per hour Civil Engineer $ 90.00 per hour Mechanical Engineer $ 95.00 per hour Electrical Engineer $ 95.00 per hour Landscape Architect $ 80.00 per hour f. HOURLY RATE SCHEDULE for Additional Services associated with Task Groups IIa and lIb: Principal Architect $ 90.00 per hour Designer $ 75.00 per hour Drafter $ 55.00 per hour Secretarial $ 40.00 per hour Structural Engineer $ 100.00 per hour Civil Engineer $ 95.00 per hour Mechanical Engineer $ 100.00 per hour Electrical Engineer $ 100.00 per hour Landscape Architect $ 85,00 per hour 12. ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . 13. ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ( "Authorization Limit") , Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Page 18 ,..-- /!J-- h? Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. 14. Materials Reimbursement Arrangement All City-requested or City-required printing and reproduction needs or other unanticipated printing needs associated with the Project which cannot be assumed by the City will be a reimbursable expense at the actual cost of such services to the Consultant. No other materials or costs reimbursements are permitted. 15. Contract Administrators: City: Daniel D. Beintema 447 'F' Street Chula Vista, CA 91910 (619) 691-5055 voice (619) 691-5057 fax Consultant: Jeff Katz, AlA 7290 Navajo Road, Suite 106 San Diego, California 92119 (619) 698-9177 voice (619) 698-9178 fax 16. Liquidated Damages Rate: ( ) $ per day. ( ) Other: 17. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer, ( ) FPPC Filer ( ) Category No. 1. Investments and sources of income. ( ) Category No. 2 . Interests in real property. ( ) Category No. 3 . Investments, interest in real property and sources of income subject to the Page 19 /Ô "02-? M..___-..__ ..__________ regulatory, permit or licensing authority of the department. ( ) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No. S . Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6, Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No, 7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 18. ( ) Consultant is Real Estate Broker and/or Salesman 19. Permitted Subconsultants: Civil Engineering: Bement Dainwood Sturgeon, Ci vi! Engineers Structural Engineering: Simon Wong Engineering Mechanical Engineering: GEM Engineering Electrical Engineering: ILA + Zammit Engineering Landscape Architecture: JL Martin, Landscape Architecture Page 20 /&-,2 7 20. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) . Quarterly (X) Other: See Section 11,B. of this Exhibit. B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month (X) End of the Month ( ) Other: C. City's Account Number: 21. Security for Performance ( ) Performance Bond, $ - ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% from each invoice ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services (X) Other: At the sole discretion of the City, at the successful completion of the "Construction Documents - 100%-" Phase, one-half of the Retention monies held to that point will be released to Consultant. Bidding, Construction Administration and As-Builts Phases will continue to be subject to retention and the remaining retention monies. will be released Page 21 /~~e2r1 upon successful completion of the As-Builts phase. In the event that Task Group IIb. work is not authorized and City in its sole discretion elects not to proceed with the construction of the Training Classroom, and Consultant, in the opinion of the City, has successfully completed his duties under Task Group IIa. , any retention monies which remain in the possession of the City for Task Group IIa Basic Services shall be released to Consultant. Page 22 /¡J /c79 ATTACHMENT "1" DRAWING AND SPECIFICATION LIST The Consultant represents that the following drawings are to be provided by the Consultant; it is understood, however, that this does not represent an exhaustive list, nor does the list prohibit the Consultant from combining drawings in the interest of efficiency or clarity. Civil Grading, Drainage and Utility Plan Details Landscace Planting Plan · Irrigation Plan Details Architectural · Title Sheet Site Plan · Hardscape Plan · Site Details (as required) Floor Plan Dimensioned Floor Plan Reflected Ceiling Plan · Roof Plan Exterior Elevations · Building Sections · Wall Sections · Large Scale Plans · Interior Elevations · Finish SchedulelDoor SchedulelWindow Schedule · Details (as required) Structural Foundation Plan Framing Plans · Details (as required) Mechanical HVAC Schedules HVAC Floor Plan Details (as required) /!Ý-YC Fire Station #4 Attachment "1" Plumbing · Plumbing Site Plan · Plumbing Floor Plan · Details (as required) Electrical Electrical Site Plan · Power Plan Lighting Plan · Signal Plan Panel Schedules/Details The Consultant represents that the following specification sections are to be provided by the Consultant It is understood, however, that this does not represent an exhaustive list, nor does the list prohibit the Consultant from combining sections in the interest of efficiency or clarity. (Note: All Bidding and Contract Procedure Documents to be provided by the City): DIVISION 01 - GENERAL REQUIREMENTS 01010 Summary of Work 01200 Project Meetings 01300 Submittals 01310 Schedules and Reports 01410 Testing and Inspection 01500 Construction Facilities 01600 Material and Equipment 01630 Substitutions and Product Options 01700 Contract Closeout 01710 Cleaning 01720 Project Record Documents 01740 Warranties Sample Warranty Format DIVISION 02 - SITEWORK 02100 Site Clearing 02220 Earthwork for Structures & Pavements 02233 Graded Crushed Aggregate Base Course for Pavements 02514 Portland Cement Concrete Paving 02225 Excavating, Backfilling & Compacting for Utilities 02540 Pavement Markings & Related Signs 02620 Concrete Curbs, Gutters and Walks 02660 Exterior Water Distribution System /¡J ~ .3 / ---- - --------- Fire Station #4 Attachment "1" 02720 Storm Drainage System 02730 Exterior Sanitary Sewer System 02810 Irrigation System 02900 Landscaping DIVISION 03 - CONCRETE 03310 Concrete Work (Division 4 - Not Used) DIVISION 05 - METALS 05120 Structural Steel 05500 Metal Fabrications DIVISION 06 - WOOD 06100 Rough Carpentry 06181 Glue Laminated Members 06200 Finish Carpentry DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07175 Water Repellent Coating 07200 Building Insulation 07320 Clay Roofing Tile 07500 Membrane Roofing 07620 Flashing and Sheet Metal 07720 Roof Accessories 07810 Unit Skylights 07920 Sealants DIVISION 08 - DOORS AND WINDOWS 08110 Metal Doors and Frames 08210 Wood Doors 08331 Telescoping Overhead Doors 08520 Aluminum Windows 08710 Finish Hardware 08800 Glazing DIVISION 09 - FINISHES )¿J ~32 Fire Station #4 Attachment "1" 09100 Metal Support Systems 09200 Lath and Plaster 09250 Gypsum Wallboard 09330 Ceramic Tile 09510 Acoustical Ceilings 09650 Resilient Flooring 09680 Carpeting 09900 Painting DIVISION 10 - SPECIALTIES 10202 Metal Wall Louvers 10350 Flagpoles 10440 Identifying Devices 10520 Fire Entinguishers and Cabinets 10800 Toilet Accessories DIVISION 11 - EQUIPMENT 11450 Kitchen & Laundry Equipment DIVISION 12 - FURNISHINGS 12511 Vertical Louver Blinds (Divisions 13-14 Not Used) DIVISION 15 - MECHANICAL 15010 Mechanical General Requirements 15140 Supports and Anchors 15290 Ductwork Insulation 15300 Fire Protection Supplemental General Requirements 15310 Fire Protection Piping 15320 Fire Protection Valves 15400 Plumbing Supplemental General Requirements 15410 Plumbing Piping 15420 Plumbing Valves 15430 Plumbing Specialties 15440 Plumbing Fixtures 15450 Plumbing Equipment 15671 Air Cooled Condensing Units 15885 Vehicle Exhaust Removal System 15887 Carbon Monoxide Exhaust Fan 16'/;J3 _____.____ - ".'_0-_._.._-- Fire Station #4 Attachment "1" 15910 Duckwork Accessories 15940 Air Outlets and Inlets 15990 Testing, Adjusting and Balancing DIVISION 16 - ELECTRICAL 16010 Electrical General Provisions 16150 Emergency Standby Generating System 16200 Power Distribution Equipment 16300 Basic Materials and Methods 16400 Wiring Methods, Raceways and Conductors 16600 Lighting 16710 Cable TV Cable 16730 Fire Alarm System 16740 Public Address System 16750 Telephone System Rough-In 16800 Utilization Equipment /¡)/37 ._.......~..- - -- - -_.~---.---+-- COUNCIL AGENDA STATEMENT Item II Meeting Date 2/10/98 ITEM TITLE: Resolution /218'11,/ Maintaining the Existing City Investment Policy and Guidelines SUBMITTED BY: 0;"",,, of F;"'""Y~ REVIEWED BY: City Manager~ ~ ./' (4/5ths Vote: Yes _No-1LI The City has an existing Investment Policy and Guidelines to insure the prudent management of idle cash. State law requires that the Investment Policy and Guidelines be adopted by resolution of the City Council on an annual basis after being reviewed to ensure consistency with the overall objectives of preservation of principal, liquidity, and yield, and its relevance to current law and financial and economic trends. It is recommended that the Council adopt the resolution maintaining the existing Investment Policy and Guidelines. In addition, the Quarterly Report of Cash and Investments for the quarter ended December 31, 1997 is submitted for your information. RECOMMENDATION: That Council adopt resolution maintaining the existing Investment Policy and Guidelines. BOARDS & COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: The City's Investment Policy and Guidelines (City Council Policy 220-01, copy attached) adopted on February 4, 1997 by Resolution 18571 is intended to provide direction for the prudent investment of temporarily idle cash, and for maximizing the efficiency of the cash management process. The stated goal is to enhance the economic condition of the City while insuring the safety of funds invested. The policy includes a list of specific investment instruments available under the relevant California Government Code provisions, 53600 et. seq. and 53635 et. seq. In addition to specific instruments, investment in the Local Agency Investment Fund (LAIF). an investment pool administered by the State Treasurer and the County Treasurer's Investment Pool are also included. Each investment transaction is made in the context of first insuring the "safety" of principal, second, investing only for that timeframe that the cash is not needed for operational purposes ("liquidity"), and last seeking the highest return possible ("yield") provided that the first two factors are met. /J~/ ...-- ---~--_. ...... .-....,----.- -- ---_..._------~--_.,--"_.,_._.,. '---""'-'- - -------~_.- --.----...-." Page 2, Item Meeting Date 2/04/97 It is recommended that the existing Policy be re-adopted as is. The Policy was thoroughly updated in accordance with current law when it was amended in February, 1997, and no further amendments are recommended at this time. Attached for your information is the quarterly report of investments as of December 31, 1997. The Pooled Investment Portfolio ($99,952,986) and the Cash/Investments with Fiscal Agents ($46,588,450) continue to be invested in accordance with the Government Code and the Council Investment Policy as adopted on February 4, 1997. During the quarter, no investments were sold and none matured. Due to falling interest rates, five Federal Agency securities totalling $10 million were called by the issuing agency during the period. Other than routine investment in money market funds by fiscal agents, nine different Federal Agency securities and six different corporate securities were purchased during the quarter totaling $21,775,000 and carrying interest rates of between 6.00 percent and 6.41 percent. The range in interest rates is the result of day-to-day price fluctuations, maturity differences, and callable v. non-callable securities. Market interest rates trended downward during the quarter causing the market value of the fixed rate securities held in the portfolio to increase proportionately. As of December 31, the weighted average yield (average interest rate) on the Pooled Investment Portfolio was 5.765 percent, up slightly over the rate being earned as of September 30, 1997 of 5.727 percent, primarily due to the investment of new monies as the portfolio increased and also an increase in the State Investment Pool earnings rate (5.74% v. 5.71 %). The weighted average maturity increased to 2.10 years from 2.02 years as of the end of the quarter. In other words, with some investments maturing in less than 2.10 years and some maturing somewhere between 2.10 years and 5 years, the overall average maturity for the entire portfolio was 2.10 years. This is well within the Council Policy of less than 3.0 years. Considering the projected timing of cash receipts and disbursements, including the proceeds from the Tax and Revenue Anticipation Note borrowing, and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six months. Any temporary shortfalls at the individual Fund level will be addressed by recommendations to Council for interfund borrowing. FISCAL IMPACT: There is no direct fiscal impact by this action, but for informational purposes, the par value of the total investment portfolio totaled $146,541,435 as of December 31, 1997. Investment interest revenue for only Pooled Investment Portfolio (excluding the cash and investments with fiscal agents) is budgeted at $3.6 million for fiscal year 1997-98. //-,;2 -------,---'.',.._------- RESOLUTION NO. ) 'ð8S'1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAINTAINING THE EXISTING CITY INVESTMENT POLICY AND GUIDELINES WHEREAS, the City has an existing Investment Policy and Guidelines to insure the prudent management of idle cash; and WHEREAS, state law requires that the Investment Policy and Guidelines be adopted by resolution of the city Council on an annual basis after being reviewed to ensure consistency with the overall objectives of preservation of principal, liquidity, and yield, and its relevance to current law and financial and economic trends; and WHEREAS, staffs recommends maintaining the existing Investment Policy and Guidelines. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby maintain the existing City Investment Policy and Guidelines by maintaining the existing policy. Presented by Approved as to form by Robert Powell, Director of . Kaheny, Cic:.~~:J Finance -. ,. -,.......... - .,..-... /1-- 3~ _.._".~._-~.__..- . ~__..__.__ _..____...._._~_.._... .0- - -_.~--- -- __nO ____.______.____.___.._.._..~..___.__..~_". __.__.____. RESOLUTION NO. 18571 RESOLUTLON OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CITY INVESTMENT POLICY AND GUIDELINES - WHEREAS, the City has an existing Investment Policy and Guidelines to insure the pru~ent management of ,idlé·cash; and WHEREAS, it is recommended that the Council adopt a resolution amending the Policy and Guidelines to add clarity and to bring the City's policy more in line with recently adopted State legislation following the Orange County bankruptcy; and WHEREAS, the existing policy was approved by Resolution 17578 with policy attached. The amended policy is attached as Exhibit A. NOW, THEREFORE. BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the City Investment Policy and Guidelines as set forth in Exhibit A, attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to form by I ~ ,/' Robert Powell Director of Finance //~f , Resolution 18571 EXHIBIT A Page 2 I COUNCIL POLICY , CITY OF CHUL-\. VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES . POLICY EFFECTIVE - NUMBER - DATE PAGE 220-01 02104/97 ADOPTED BY: Resolution 18571" I DATED: 02104/97 PURPOSE Effective cash flow management and cash investment practices are recognized as essential to good fiscal management. This Statement is intended to provide guidelines for the prudent investment of the City's temporarily idle cash in all Funds, and outline the policies for maximizing the efficiency of the City's cash management system, OBJECTIVE The objective of the investment policy is to provide guidelines for insuring the safety of funds invested while maximizing investment interest income to the City, , INVESTMENT POLICY , A The Finance Director is responsible for investing the c:1sh balances in "II City Funds in accordance with the California Government Code, Sections 53600 et seq, and 53635 et seq. llis policy does not include Long Term Debt Reserve Funds and Deferred Compensation Funds, which are exceptions covered by other more specific Government Code sections and the legal documents unique to each debt transaction. Investment practices shall conform to the prudent man rule (Civil Code Section 2261, et seq.) ",mch states, in essence, that "in investing... property for the benefit of another, a trustee shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence. discretion and intelligence exercise in the management of their own affairs..... The Finance Director and other individuals assigned to m'ID"ge the investment portfolio, acting within the iDteDt aDd scope of the investment policy and other written procedures, and exercising due diligeDce, shall be relieved of personal responsibility and liability for an individual investmeDl's credit risk or market price changes, provided material de\'iations from expectations 'ife reported in a timely manner and appropriate actioD is takeD to control any adverse developments. B. It is the City's full inteDt, at the time of purchase, to hold all investments until maturity in order to ensure the return of all invested principal. However, it is realistically anticipated that market prices of securities purchased as iDvestmeDts will vary depending on economic conditions, interest rate fluctuations, or individual security credit factors, ID a well diversified investment portfolio, such temporary variatioDs iD market value will inevitably result in measurable losses at any specific point in time. From time to time, changes in economic or market conditions may dictate that it is in the City's best iDterest to sell a security prior to maturity, C. The three principle factors of Safety, Liquidity and Yield are to be taken into consideration, in the specific order listed, when making investment decisions. ----- /I~ * Resolulion t 7578 (07/26l94) ...----, ----- Resolution 18571 Page 3 I COUNCIL POLICY CIIT OF CHUU VISTA SUBJECT: INVESTMENT POLICY AND GUIDEUNES POLICY EFFECTIVE NUMBER DATE PAGE i - - - - - . . 220-01 02104/97 I . I DATED: - 02104/97 I ADOPTED BY: Resolution 18571"·· , - i , i 1- Safety of principal is tbe foremost· factor to be considered during eacb investment transaction. I Safety in investing refers to minimizing tbe potential for loss of principal, interest or a I combination of tbe two due to the two types of risk, Credit Risk and Market Risk, I a) Credit Risk, defined as tbe risk of loss due to failure. of the issuer of a security, shall I be IIlÏtigated by only investing in very safe, or ."investment grade" securities and diversifying where feasible. ... b) Market Risk, defined as market value fluctuations due 10 overaU changes in interest rates shall be mitigated by limiting the average maturity of the investment ponfolio 10 less than 3 years, with a maximum maturity of anyone security of 5 years withou·t prior Council approval. AJso, the portfolio wiU be structured based on liquidity needs so as to avoid the need to sell securities prior to m'lturity. , 2. Liquidity refers to the ability to convert an investment to cash promptly with minimum risk of losing some portion of principal or interest. The investment portfolio will he structured hased i_ on historic casb flow analysis in order to prm'ide the necessary liquidity as investments i routinely mature. A portion of tbe portfolio wiU be maintained in liquid sbort-term sccurities which can be converted to cash if necessary to meet unforeseen disbursement requirements. 3. Yield is the average .annual return on an investment hase.d on the interest ralt', price. and lengtb of time to maturity. Tlie City attempts to obtain the highest yield possible, provided tbat tbe basic criteria of safety and liquidity have been met. AUTHORIZED INVES1MENT INSTRUMENTS The City may invest in the following instruments under the guidelines as provided herein: .. A Certificates of Deposit. Time Certificates of Deposit wiU bè made only in FOJC or FSUC insured accounts. For deposits in excess of the insured maximum of $100,000, approved coUateral shall he required in accordance witb California Government Code section 53652 ,tnd/or 53651 (m) (I). Ntl more than 25% of the investment portfolio m'IY be invested in this investment type, B. Securities of the U.S, Government or its A~encies, Includes obligations issued hy Federal Home Loan Banks, Government National Mortgage Association, the Farm Credit System, the Federal Home Loan Bank, tbe Federal Home Loan Mortgage Association, the Federal National Mortgage Association. the Student Loan Markt:.ting Association, or ohligations or other instrumt:nls or lIr issut;ù hy õI ft.:ùl'raJ agency or a United States Government sponsored enterprise. C. Treasurv Bills and Notes, U_S. Treasury Bills, Notes, Bonds or Certificates of Indebtedness, or those for which tbe full faith and credit of tbe United St'l1es 'lTe pledged for the payment of principal and interest . D. Local A~encv Investment Fund (l.AIF), lnvestment of funds in tbe California LA!F wbicb ,tllÒws the State Treasurer to invest through the Pooled Money Investment Account. Maximum investment is subject to state regulation, YJ-? ._ ________ '_'n'_._.'___.". _..~_"_ . Resolution 18571 Page 4 COVNCIL POLICY I CITY OF CHVLA. VISTA . SUBJECf: INVESTMENT POLICY AND GUIDELINES POLICY EFFECfIVE .. - NUMBER -DATE PAGE 220-01 02104/97 ADOPTED BY: Resolution 18571' . I DATED: 02/04/97 E. County of San Die~o Treasurv Pool. Investment of funds in the County of San Diego Troasury which allows the County Treasurer-Tax Collector to invest local funds through a pOD It,d conwpl. F. Bankers Acceptance, Bills of Exchange or Time Drafts dmwn on and accepted by a ""mmorei,,1 bank, othelWise known as Bankers Acceptances, both domestic and foreign, which are cJigible for purchase by the Federal Reserve System. Purchases of Bankers Acceptances may not exceed 270 days maturity or total more than 40% of the cost value of the City's invostment portfolio. G. Commercial Paper. Paper of the highest rating as provided by Moody's Investors Service, Inc. (Pl), or Standard and Poor's Corporation (Al +). Eligible paper is further limited to issuing corporations that are organized and operating within the United States and having total assets in excess of five hundred million dollars ($500,000,000). Purchases of eligible commercial paper may not exceed 11\0 days maturity, represent more than 10% of the outstanding paper of the issuer, or tolal more than ;5% of the cost value of the City's investment portfolio. H. Ne~otiable Certificates of Deposi!. lssued by a nalionally or slale-charlered bank or a stale m feúeral "savings and loan association or by a stale-licensed branch of a foreign b'lDk. Purchases of Negoliahle Certificates of Deposit may nol tOlal more than 30% of Ihe cost value of Ihe City's invcslment portfolio. 1. Repurchase Acreements. A purchase of securities by the City pursuant to a Master Repurchase Agreement agTeement by which the seller will repurchase such securities on or befme a specifi"d date, or on demand of eitber parly, and for a specified amoun!. ]nveSlmtnlS in repurchase agreements will be used solely as short lerm investments not to exceed 90 days and be collaleraliz"d by securities having a market value of al leasl 102% of Ihe value of lbe repurchase agrœmenl al all times during the term of the inveSlmtn1. J. Medium Term Corporale NOles, Corporate obligalions shall be raled A or bettor by Moody's and or Standard and Poor's raling agencies, Purchases of corporate mt:dium tern, noles shall nol total more than 30% of tbe coSI value of the City's investment portfolio, nor for anyone corporal ion, when combined with any Commercial Paper issued hy the same corpomlion, lotal more Ihan 1.'>'1, or lhe cost value of the City's inveslment portfolio. K Various daily casb funds adminislered for or by Truslees, Paying Agenls, or Custodian Banks conlracted by tbe City may be purchased as allowed under California Government Code. Only those funds holding U.s. Treasury or Government Agency obligations shall be purchased. DIVERSIFICA nON Investments shall be diversified among inslitutions, Iypes of securities and maturities to m,,,,imize safely and yield with changing market conditions. Local financial instilutions will be given preferenlial consideral;on for investment of City funds consistent with Ihe City's oojectivc of attaining market rates of rei urn. anú cunsi'll'nt with constraints imposed oy its safety oojeclives, C:lsh flow considerations and Slale laws, //-7 Resolution 18571 Page 5 I COUNCJL POLICY I CITY OF CHUlA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY EFFECTIVE NUMBER DATE PAGE - -- - -- 220-0] 02104197 ADOPTED BY: Resolution ] 8571" I DATED: 02/04/97 . SAFEKEEPING All investments of the City shall have the City of ChuJ" Vist" "s registered owner "nd sh,,1I he held in safekeeping by a third party bank trust department, acting as ¡¡gent for the Cily under the terms of " t'uSl"dy agreemènL INVES1MENT REPORTS A. The Director uf Finance shalJ suhmit a 4uarlcrly in\'t:slnH:nl n,:pllrl Itl thL" ("it: ManagL"r am! (ïl~ Çouncil in accordance with Gove::.rnme::.nt Codt: St:.Clion 164XI.2 conl.dning the following informalion for each indÍ\'idual investment: - Fin¡¡ncial institution -- Type of investment ; - Purchase Price of investment -- Rate of interest - Purchase date - Maturity dale - Current market V¿¡.Jut::. [or securities - Other data as required by the City In addition, t~t: report shall indude: it 51¿llcmcnl of compJianl:l' or tht' purtfolio with tht, Coundl ¿lpproved Inveslme::.nt Policy and a slalt:ml::nl indicÚting the ahiJily or tht, City to mt'l'l its l'xTK'nùilUft' requirements for lhf:: next six months. POLICY REVIEW This investment policy and guidelines shall he adop1c.:d hy resolution ()!" tht.., (ïty ('lIuncil tin an annual h:lsis after being reviewed to ensure its consistenc')' with the overall ohjecti"es of presCf\'ati"n of principal, liyuidily. and yield, and its relevance In current law and financial and economic trends. //~ f5 ~ ~ .___....._._ ._._____.___.m... __~. _~___,._._ - -- Resolution 1 B 5 71 Page 6 PASSED, APPROVED. and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of February, 1997, by the following VOle: - AYES: Councilmembers: Moot, Rindone, Salas, and Horton NA YES: Councilmembers: None ABSENT: Councilmembers: Padilla ABST AIN: Councilmembers: None Æ /'- y/-b¿ l&th'M.. ~hirley Horton, Mayor ATTEST: ~c (lJf?Pl Beverly . AutheJet, City Clerk .'~.. . STATE OF CAlIFORNLA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18571 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of February, 1997. Executed this 4th day of February, 1997. ~~ J~ (J r/;;:; f. j}r~ Beverly Authelet, City Clerk / J~ c; z *~; 0 ~ o ..... a ø ~ 0 ~ ~ma OS::~~CVl or"T10 .. _O~ DJccCD' ~ OOCDCD » ~"U ~;:::- cn.....CD"OC/)5" .,~c..c.. c. - Q) ::::tJ \" ~ :::T c:: (J) C "'C y,¡o CD _ 0~OJ3' m~a <DJ-~~CDC O_~:J .., en'" < en _. < - 3 .., I..IJ -. Y Wool < o.-CD~Q) oõ'S=;::::;:ï1 ::roC/) wee-CD æ·&~~~ ~3æ· ~c~w<g ~CDC/)cn 8~=_m =s' "T1:J_mCDCDCD ~:JCD-3:J \" Q) < -. 0 CD a. ........, 1JoJ (") (') C:Ocr,,'" :JG)"tJ ¡¡;.'^.....»:J:J O~CCDc ~U)-!::!::._ 0 v,,,,,, 3- ~ CD --~CDC::T z~;+ (") ':;CC en :J-3=::::Jen Q)OJ:::rCDCD Om.., Q) m-,CD<: o..::::J-.'-+_ :JOJ "'~ . ,m - CDCD:J< VlCCD 3 UI 0. en 0 ~ ...... ~ :::!:I » ..... -. 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The Housing Element describes the housing needs of the community and specifies strategies for the delivery of affordable housing. The City of Chula Vista Housing Element of 1991. and the Otay Ranch Wide Plan contain numerous objectives, policies, and related action programs to accomplish these objectives. Key among these is the affordable housing policy which requires that residential development with fifty (50) or more dwelling units provide a minimum of 10% of the total dwelling units for low and moderate income households. One half of these units (5% of the total project) being designated to low income and the remaining 5% to moderate income households. Based on the total of l,B77 residential housing units which are currently allowed to be constructed within McMillin Otay Ranch SPA One, a total of 1 BB low and moderate income housing units are required to be provided within the project, of which 94 will be provided for low income and 94 will be provided for moderate income households. In order to comply with this requirement, the applicant, the McMillin Company, and City staff have prepared an Affordable Housing Agreement for the McMillin Company SPA One Plan for Council's consideration and approval. RECOMMENDATION: That Council approve the resolution approving the McMillin Otay Ranch SPA One Affordable Housing Agreement between the City of Chula Vista and McMillin Company. BOARDS/COMMISSIONS RECOMMENDATION: The Housing Advisory Commission has reviewed and approved the Otay Ranch Wide Affordable Housing Plan. DISCUSSION: The 94 low income housing units are proposed to be located in Parcels R·40, R·44, and R-45 of Village 5 of the planned community within an area identified in the McMillin Otay Ranch SPA One land Use Plan (see /;2- / "-,.~---,._.._.__.- ø~"O Page 2, Item _ ~'bC Meeting Date 02110/98 Ex~~ AI. As prescribed in the General Plan and Otay Ranch GDP, the low income housing sites were selected for the proximity to future public transit facilities, and location within walking distance to future retail commercial centers and support services, such as public parks and schools. The sites were designated for multi-family use in the Otay Ranch General Development Plan and the SPA One Plan. Therefore, it is found to be adequate to accommodate affordable housing as prescribed in the Affordable Housing Agreement. Construction of the low income housing units is expected to begin before the issuance of building permit number 450 which represents approximately 24% of the total development. The moderate income housing units will be met by market rate units. The Agreement also gives the City the right to demand that the developer construct a proportional amount of low and/or moderate income housing units relative to the total number of residential building permits that have been issued for the Project. In addition, the Agreement also includes a provision by which the developer will receive credits of surplus affordable housing units if more than 5% of the project's residential units are low income housing. The proposed terms of the Agreement for McMillin meet the requirements of the City's Housing Element and McMillin Company has agreed to all terms. Affordable Housing Agreements are normally packaged together with other agreements and approved by Council with the first final map. In this case the Agreement is being brought forward earlier to accommodate the applicant's land sales program and current efforts to secure financing. The proposed Agreement for the provision of affordable housing for McMillin Otay Ranch has been reviewed for compliance with CEOA. The proposed Agreement is a mechanism for implementation of affordable housing within the prescribed densities and maximum unit count of the Otay Ranch General Development Plan and SPA Plan. Approval and execution of the Agreement would not, therefore, result in the construction of any housing beyond that anticipated in the GDP and SPA plans and the environmental review documents prepared for those plans. Therefore, the actions recommended are considered to be exempt from CEOA under the "General Rule" (Section 15061(b)(3) of the CEOA Guidelines). This exemption applies to projects which do not have the potential for causing a significant impact on the environment. Based on the content of the documents and the environmental documentation performed on the actual physical development project, it can be seen with certainty, in this case that the recommended actions would not have the possibility of having a significant effect on the environment. FISCAL IMPACT: All staff costs associated with the preparation of the Affordable Housing Agreement and the processing of improvement plans and final map are covered under the staffing agreements with McMillin. IJPA:ahl H:IHOMEICOMMOEV\STAFF,REPI01·10·98\MCMllllN LJanuary 30, 1998 13:45pm)J /;2.- c2, RESOLUTION NO, /8'O'fšÇ RESOLUTION OF THE CITY COUNCil OF THE CLTY OF CHULA VISTA APPROVING AN AFFORDABLE HOUSING AGREEMENT BETWEEN THE MCMilLIN COMPANY AND THE CITY OF CHULA VISTA RELATED TO MCMilLIN OTAY RANCH SPA ONE PLAN AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WHEREAS, the City of Chula Vista Housing Element established the City's "Affordable Housing Policy" which requires 1 0% of each housing development of 50 or more units to be affordable to low and moderate income households, with at least one half of those units (5% of project total units) being designated for low income households; and WHEREAS, on October 28, 1993, the Chula Vista City Council and the San Diego County Board of Supervisors, jointly adopted the Otay Ranch General Development Plan/Subregional Plan for the Project, by Resolution Number 17298, which required compliance with the City's Housing Element of the General Plan; and WHEREAS, on October 28, 1993, the Chula Vista City Council, pursuant to Resolution No. 17298, and in accordance with the California Environmental Quality Act ("CEQA"), certified the Final Program Environmental Impact Report for the GDP, SCH #9010154 ("Program EIR 90-01" or "program EIR"), made certain Findings of Fact, adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of Overriding Considerations; and WHEREAS, the Environmental Review Coordinator has determined that the Affordable Housing Agreement is exempt from CEQA review under Section 15061(b)(3) in that the Agreement will not have the possibility of having a significant effect on the environment, beyond that already analyzed; and WHEREAS, on June 4, 1996, the City approved the Otay Ranch Sectional Planning Area Plan, including a Ranch-Wide Affordable Housing Plan and SPA One Affordable Housing Plan for the Project by Resolution Number 18304; and WHEREAS, on June 3, 1997, the City approved a Master Tentative Map for the Project by Resolution Number 18686 ("Project Tentative Map"). Condition number 98 of the Project's Tentative Map requires that Developer enter into an affordable housing agreement with the City to guarantee the construction and delivery of low and moderate income units in a timely manner; and WHEREAS, to comply with this condition, the applicant, and McMillin Company has agreed to enter into an Affordable Housing Agreement for the McMillin Otay Ranch Planned Community for Council's consideration and approval. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an Affordable Housing Agreement related to McMillin Otay Ranch SPA One, a copy of which is on file in the office of the City Clerk as Document No. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista, Presented by Approved as to form by (J~ Sr~~ ~.~~ ~ Chris Salomone John M, Kaheny Director of Community Development City Attorney (JPA:ah) H:\HOME\COMMDEV\RESQS\MCMllLlN (January 30, 1998 (3:46pm)) /oZ ---- 3 .--....----- _. _·____·..__~~H_ ._.._.._.---------_._--"------~. ~!JQ ~rÞ . z " r;;: ;: m 0 ;; J p ; ~ ~ ~ ( ) ~ ~ .... ." ~ ~ z " ( ) m J ::¡ ~ J N J c ( ) m CO 61 ¡;j Õ 0 ." .... m _ J J ;: 0 en m r ~ o r J _ m rn > -< ¿¡ ~~ ¡:; z ;: m z .... ~ ~ en en II .... ç r;;: , " " n m m ! ,. I ¡ , 3~ ~~¡ ~ I i ~~ fit CII . CIt ( . j ..om C C C C c: ~ "'z mnnnnm~~ m m~~~~~~~~»m~~~~~~~~~~~~~~~~r~ ~º~ .~a~~~~a~~:l~la~gai·tt···~~a~~X~~t~w~Ñ~~~~~~ I ...;::11I "0 -I.a.0.J,........0 -I...... ~_o........, coo N_. oo..u ~g~ 1;~'" ~ ~ ~ ~ !; ~~i5r !f, z< e- el"" ~ ~ en non en I"" gºQQQgQi~~~¡¡~iii ~~~~~'Ã~'ii~ CII.....~.CII.Clløøø~~ií m> m ~~~~~~ ~~~~~~~ . i ~ ~-n"""""""";Ji;;Ji;;>I;'" ;o¡: en" em IÞ 8 N ......... __N -... -~-~...--....~--r ;:'TI 'TI ~~~ ê~NWWN_O-N"''''OWN~~~~_~~~~wo ~_w~~_ . __uom co. ;::c: :ë" ò...... NC_WN~.wØNO~Nø.a.."_~NWN·~.e"'Gw.O~~~OG_~NO~W >m IÞ ::D . -< r N il~IJIJJJJJjJjIJJ¡S=~~~~~~8i~l:tt=at£C~~~~2iiJ 10 ~JJ ::I CI.¡r C::r æ~~~~~~~N~æ~~~~~~~~~~~~~~~~~i .. -, tþ 2: /~i í "II:: .~~U~O.~."'.·"'N-""''''''.''''O''''''W''1;~ - , 10 - . ~ ::I 0 £ ~ .._~~--_. -~ -~.--...------"- Recording Requested by: ) CITY CLERK ) ) When Recorded, Mail to: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) ) ------------------------------------------------------------------ AFFORDABLE HOUSING AGREEMENT This Affordable Housing Agreement ("Agreement") is made as of , 199_, effective as of the Date approved by the City Council, by and between McMillin-D.A. America Otay Ranch, LLC, a Delaware limited liability company; McMillin otay Ranch, Inc., a California corporation Its: Manager, collectively referred to herein as ("Developer"), and the City of Chula Vista, a California municipal corporation ("city"), with reference to the following facts: A. The City of Chula vista Housing Element established the city's "Affordable Housing Policy" which requires 10% of each housing development of 50 or more units to be affordable to low and moderate income households, with at least one half of those units (5% of project total units) being designated for low income households. (The Chula vista Housing Element of the General Plan, Page 111-4.) B. Developer owns 293.7 acres of that certain real property, as shown on Exhibit "A", and located in the portion of the City of Chula vista (referred to herein as "Project"). The Project is more particularly described in Exhibit "B" (Legal Description) which is attached hereto and incorporated herein by this reference. C. On October 28, 1993, the Chula vista City Council and the San Diego County Board of Supervisors, jointly adopted the Otay Ranch General Development Plan/subregional Plan for the Project, by Resolution Number 17298, which required compliance with the City's Housing Element of the General Plan. D. On October 28, 1993, the Chula vista City Council, pursuant to Resolution No. 17298, and in accordance with the California Environmental Quality Act ("CEQA") (Pub. Resources Code section 21000 et seq.), certified the Final Program Environmental H:\Ho.e\Attorney\McMillin.2 1 /-2~3 ._--. - - -- -- - ~~_._._----_.- _._~._--- Impact Report for the GDP, SCH #9010154 ("Program EIR 90-01" or "Program EIR"), made certain Findings of Fact, adopted a Mitigation Monitoring and Reporting Program, and adopted a statement of Overriding Considerations. E. On June 4, 1996, the City approved the Otay Ranch sectional Planning Area Plan, including a Ranch-Wide Affordable Housing Plan and SPA One Affordable Housing Plan for the Project by Resolution Number 18304. F. On June 3, 1997, the City approved a Tentative Subdivision Map No. 97-02 for the Project by Resolution Number 18686 ("Project's Tentative Map"). Condition number 96 of the Project's Tentative Map requires that Developer enter into an affordable housing agreement. G. In December 1997, the Developer filed an application to amend the SPA One Plan and revise Tentative Map 97-02. NOW THEREFORE, in consideration of the mutual promises described herein, the parties agree as follows: 1. Definitions. Unless otherwise indicated, for purposes of this Agreement, the following terms shall mean: a. "Low Income Housing" means housing for a household of persons who claim primary residency at the same unit with combined incomes that do not exceed 80% of the area median income (adjusted annually) based on household size. Household size is calculated by the number of persons residing at the same unit as their primary residency. HUD regulation 24CFR 813.106, as may be amended from time to time, shall be used to calculate income. b. "Moderate Income Housing" means housing for a household of persons who claim primary residency at the same unit with combined incomes between 80% and 120% of the area median income (adjusted annually) based on household size. Household size is calculated by the number of persons residing at the same unit as their primary residency. HUD regulation 24CFR 813.106, as may be amended from time to time, shall be used to calculate income. The range of income levels described in the above defined terms may change from time to time in accordance with changes to state and federal laws. c. "Developer's Obligation" means that the Developer is obligated to provide 10% of the total number of residential units constructed within the Project as Low and Moderate Income Housing, with at least 5% consisting of Low Income Housing units. H:\Ho.e\Attorney\McMillin.2 2 /c2-? __~_____ _"__ __ _____m "u._."._.__. _"_.._~_.". 2. Duty to Build. Developer shall construct the total number of Low and Moderate Income Housing units required by the Project in accordance with the "Program for the provision of Affordable Housing," attached as Exhibit "C" and the following: a. Moderate Income Housing units. In order to satisfy Developer's Obligation with regard to Moderate Income Housing, Developer agrees to construct five percent of the total number of the Project's residential units as Moderate Income Housing units. Developer shall complete construction of all of the Project's Moderate Income Housing units no later than the issuance of 50% of the residential building permits for the Project. Developer agrees to provide the city with all of the documentation required in the "Program for the provisions of Affordable Housing" attached as Exhibit "c" with respect to Moderate Income Housing. b. Low income housing units. In order to satisfy Developer's Obligation with regard to Low Income Housing, Developer agrees to construct Low Income Housing units equal to five percent of the total number of the proj ect' s residential units; provided, however, Developer may elect to construct more. Developer shall commence construction of 100% of the total number of qualified Low Income Housing units required by the Project, on or before the issuance by the City of the 450th building permit for the Project. Developer shall thereafter diligently pursue completion of construction and shall complete construction no later than eighteen (18) months from the date of commencement of construction of said units or by the issuance of the 880th Building Permit, whichever comes first. For purposes of this Agreement "commencement of construction" shall mean that a first inspection has been completed by the city on the first Low Income Housing unit that Developer is obligated to build. i. Application of Housing Credits. The City agrees that Developer, may apply the 17 affordable housing unit credits, acquired from the "Amended and Restated Rancho Del Rey SPA III Affordable Housing Agreement" approved by the City Council by Resolution No. 18547 ("Rancho Del Rey Agreement"), against the total number of Low Income Housing units Developer is required to construct for this Project; provided however, Developer shall first pay the City the amount of $14,000 for each "Low Income Housing Credit" used by the Developer. The City shall accept each "Low Income Housing Credit" as the equivalent of providing one unit of low income housing in the City. Nothing herein shall be construed to amend or modify the provisions of the Rancho Del Rey Agreement. c. Completion of construction. For purposes of paragraph 2(a) and 2(b) of this Agreement, construction shall be considered completed when final inspection of the Low or Moderate Housing unit H:\Ho.e\Attorney\McMillin.2 3 /cJ- ? has been completed and occupancy and utility clearances have been signed off by the city. d. Minor delays. The thresholds described herein for commencing and completing construction of Low and Moderate Income Housing units are based upon the current phasing for the Project as shown on the SPA One PFFP. City and Developer acknowledge that changes to the Project may be required from time to time and other conditions or events may occur which could have a minor or insubstantial impact on the timing of construction or completion of construction of the Low or Moderate Income Housing units. Accordingly, changes to the Project that could result in a delay of up to six months in the construction or completion of such units, may in the city's sole discretion be considered minor or insubstantial by the City's Community Development Director and made without amendment to this Agreement. All other changes shall require a written amendment to this Agreement. e. Project Level Agreement. Developer and City understand and agree that the Ranch-Wide Affordable Housing Plan requires proj ect-Ievel affordable housing agreements ("proj ect Level Agreement") to be executed prior to the issuance of building permits for each affordable housing project. These Project Level Agreements shall include, but not be limited to, the provisions set forth in page 16 of the Ranch-Wide Affordable Housing Plan. f. Program for Affordable Housing. Developer agrees to comply with all of the provisions and requirements set forth in the Program for the Provision of Affordable Housing, attached as Exhibit "C." 3. Surplus Affordable Housing units. If the Project includes more Low Income Housing units than 5% of the total amount of dwelling units shown on the Project's Tentative Map ("Surplus units"), Developer may, with the City's approval, be entitled to obtain credit for any of the Surplus units. The City's approval of such credits shall be determined by the City at the Project Level Agreement stage and shall be governed by the criteria described below. The extent to which the Developer or other party is entitled to credit by the City for the Surplus units shall be governed by the City's consideration of the criteria described below and any other such criteria that may be agreed to by the parties pursuant to the applicable Project Level Agreement. The following criteria shall be considered by the City: a. The Developer's contribution, if any, to the Surplus Units; b. The City's contribution, if any, to the Surplus units for which the city may require reimbursement; H:\Ho.e\Attorney\McMillin.2 4 /02/ Y -_......._----- -- ----.--- c. Other public sector contribution, if any, to the Units; d. The level of affordability achieved by the affordable housing project; and e. The concentration of affordable housing units within the neighborhood that the Surplus units are planned. If the Developer is provided a credit for such Surplus units by the ci ty , the Developer may either: 1) apply such credit against Developer's obligation to provide Low Income Housing Units in developments other than within the Project which are located within the City of Chula Vista, or 2) convey the credit to another person or entity to be used by that other person or entity against their obligation to provide Low Income Housing Units in the City of Chula vista. Developer shall be responsible for processing any amendments to any plans or discretionary approvals that may be required to be amended in order to transfer such credits to developments other than within the Project. 4. Duty to Identify site. Developer shall construct all of the Low Income Housing units at site(s) identified as R-40, 44 and 45 on the Project's Tentative Map, or the units may be distributed on a different site if approved by the City. Developer shall construct all of the Moderate Income Housing units at the sites identified in Exhibit "C." S. Demand to Build. Notwithstanding the provisions of paragraph 2 of this Agreement, if the City reasonably believes that the Developer will not reach the building permit thresholds described in paragraph 2 (which would trigger the construction of the Low Income Housing units) or not complete construction of the Moderate Income Housing units, the City shall have the right to demand that Developer construct a proportional amount of Low and/or Moderate Income Housing units relative to the total number of residential building permits that have been issued for the Project. The City shall provide the Developer with the written demand to construct the units within a reasonable period of time for the Developer to commence construction of said units. Developer shall complete construction of the low and/or moderate income housing units, as required by this paragraph, within one year of the commencement of construction of the units so demanded. The duty contained in this paragraph is non-cumulative to the duty in paragraph 2 with the City providing the Developer with the appropriate amount of credit for completed construction. 6. Right to Withhold Permits. The City has the absolute and unfettered right to withhold the issuance of any building permit H:\Ho.e\Attorney\McMillin,2 5 )02- '1 for any residential development within the Project if the Developer is not in compliance with the terms and/or obligations of this Agreement, excluding paragraph 7 of this Agreement. 7. Development permits, Maps and Documents. Developer shall at its sole expense, prepare and diligently process all permits, agreements, plans, maps, affordability strategy and other documents, including but not limited to, market strategy plans, design development plan, and any amendments to the Project's General Development Plan and Sectional Planning Area Plan that may be necessary to meet the Developer's Obligation. 8. Notice. Developer shall provide written notice of the terms of this Agreement (which could be a copy of this Agreement) to all purchasers and potential purchasers of real property within the Project, excluding however, a buyer of an individual housing unit, for which the Developer is solely responsible for providing whatever notice Developer deems appropriate. 9. Successors - Release. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Project until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Project and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether ci ty has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceed- ings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. c. Release of Individual Lots. 1. Each lot or parcel encumbered by this Agreement may, in the City Manager's (or Manager's designee) sole discretion, be automatically released from the encumbrance hereof upon the issuance of a building permit in conformance with the Final "B" Map with respect to such lot or upon the conveyance of any such lot to H:\Ho.e\Attorney\McMillin.2 6 /~-/¿J . H_"_ ~.____._.____.______.______ a homeowner or homeowners association. The City Manager (or Manager's designee) shall not unreasonably withhold consent to such release so long as the City Manager (or Manager's designee) finds that the Developer is in compliance with the terms of this Agreement and that such partial release will not jeopardize, in the City's opinion, the City's assurance that the obligations set forth in this Agreement will be performed. 2. In addition, upon the close of escrow of the sale to a home buyer of an individual lot within the Project improved with a residence, such lot shall be released automatically from this Agreement. 3. In the event the City Manager (or Manager's designee) agrees to said release, at the request of Developer, any successor in interest or individual homeowner, the City Manager (or Manager's designee) shall execute an instrument, drafted by the requesting party in a form acceptable to city Attorney, which confirms the release of such lot or parcel from the encumbrance of this Agreement. 10. General Provisions. a. Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable it to enter into this Agreement. b. Counterparts. This Agreement may be executed and notarized in any number of counterparts, each of which will be deemed to be an original, but all of which together will constitute one instrument. c. Applicable Law. This Agreement will be construed and enforced in accordance with the laws of the state of California. d. Modifications. No modification, waiver or discharge of this Agreement will be valid unless the same is in writing and signed by the parties to this Agreement. e. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein, unless otherwise stated herein. f. Attorney's fees and costs. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to H:\Hoae\Attorney\McMillin.2 7 /c2,~// . ~ ---- - ---- - reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded the relief in its entirety that was sought by that party. g. Exhibits. All exhibits referred to in this Agreement are attached, and are a part of, this Agreement. If there is an inconsistency between the provisions of this Agreement and Exhibit "C," the provisions of this Agreement shall prevail. h. captions. Captions in this Agreement are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement. i. Recording. The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of San Diego. j. No Third party Beneficiary. No claim as a third-party beneficiary under this Agreement by any person, corporation or any other entity, shall be made or be valid against City or Developer. k. Incorporation of Recitals. The recitals set forth herein are part of this Agreement. H:\Ho.e\Attorney\McMillin.2 8 /;2 ~/2 FEB-05-98 THU 12:15 PM HSR&G FAX NO, 619 232 6828 p, 02/03 FEt OS '98 11:19 T0-9232682& FR(tI-MCltI LLlN COOANI£S T·961 ',02103 F·IS6 81:GllATWu: FAG\! 'rO Al'PORrWlLB HQUSIIiIG AGR2EMBH'l' IM WU'NESS WJ!!IQOP, city and DÞalopen have executed this .a..ant 'tM. cI.y of! , U, . CITY 0,. CHULA VXSTA Kc:M%U.Df-D.A. »Œ:RJ:c:A O'1'AY MIlCH, u.c, a De:¡'a".;oe l~ite4 liability c~&ny Sb1~ley Horton By: XcxIu.m œ:AY RlUfCK, INC. . a C:.Uto~nia Kayor c:grpœ:.tlon At:.t:._t.. Beverly Au1:helet City Clerk ApprovelS as to torm 1Þ"f '1'0 BB HO'1'ARUSD City AttgrllQY 1\¡IprovelS as to torm by JLfehl¡ ~~::3!?u¡'(¡{sÞI( -bt:Jd~ uP At om;; {z;;¡@~ ...\H...V.1:1:.,.MJ'\....Ui.n.2 9 - /2/1 y ".-- -~~.__.- _U"__~ LIST OF EXHIBITS 1. Exhibit "A" Map of Project Area 2. Exhibit "B" Legal Description 3 , Exhibit "e" Program for provision of Affordable Housing within McMillin otay Ranch SPA One H:\HoMe\Attorney\McMillin.2 10 IcJ--Jý' .._·.._~_····_·_w."___··__ - "---- - z 5: ;:: "' a :;; :D P IJ' '!\ ~ ~ ç " m '" ~ ~ .... " :D :D > m z ." ~ ~ :D ...... :D ':D ::c Cf.Im ~, C -to I\) -t o t11 G> - ~ -t m ~~ _ :II ::c >:: ;:: 0 en::t m ~ > H '2m :p;¡¡ tI1 > -< C,o)' H ~ ~ '"' ~ ~ :.. ;:: m ~ '" .... C'> ç ;¡; m a ;0 !:! !:! '" ~ fI ¡: 5: h ^ ^ I m m .. j . I I [Ji m-þ \ o~~1 ~»~~~ ~ ~ ~ ~ . f .~n:z~~QQQQ!~~~~~~~nn =======~~!~~~~.....I.······t~ ~ Q::ç VI ~ 0"'''' ",\"" 0 _ _ G ¡" .:.... 0.. ¡" , ,., ,., ,.,¡.... J,. ... ... '" 0 ... ... '" CoO ... ... ... w ........ .... '" ... .... ... c f ~=n ~ ~.:....~, ,.~_o ~ ~~........_oec~.~Þ~....",-o·~·~·"'''''·6 ~~ço~ ~ ~ ~ ~ ~ - ~~~= ' 9= > ~ Z < O- r < 11'I ~ "11"11"11"11"11"11"11 nnn _r- c: r ~ o:nnnnn»»»>o~~ c~c~cc~~c ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII-. ~ > _. m IIIO~~~~~=======~ ."......~......~~... ................................................:~ m ~ _ ~ 0 ~~~~~~~E ~ wi þI r- (J) m ~ c ~ . ~ ~ ~ ~~~ !~=~..........~o~....~~s~"'_~.þ=~~þ.~P~~=~c.=~~~==~ø~~;; 2 <- ~ ;.. ~.."~~._.~.~~.......,~"~.~.:~."..,-~...~~.~"~ > m :0 . ~ ~ ~.. .................;,ô~,~~~,.:.~···~~·:·~~,~~ô.~ ~ =» »»»»»»»»>~~~_~_~ÃÞo~~ .oo~.."'~""--'" .;~ ~ . m c: ~ ......;..... .... -c .>.. \ 0 ~ ëT :'\d::{"·:,."':';': ......q....... <::;:':,:,:::./:",':':' ë ~ ~ ~ ~ ~ ~ :::¡ Ñ . l"'........ ..!> ... .. '" CO! ... ...... ... ... v- í¡ í "\I ::·.+i>·;··· · ..,>p..(. ., ~ - ~ . . , · ~ . . ~ ~ ~ . ~ . ~ . . . . ~ ~ " . ~. - "..........,... -, ~- ¡¡~::so /;¿-/ç' --- ..- . -~~ ~: 04hí" ==-;. ...:.. -==( EXHIETT 'B' Page 1 C,t 2 LEGAL DESCRIPTION PARCEL 1 BEING A PORTION OF QUARTER SECTION 11 AND A PORTION OF QUARTER SECTION 12 OF RANCHO DE LA NACION, IN TIIE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TIIEREOF NO, 166, BY MORlULL FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 1, 1869, BEING MORE PARTICULARLY DESCRIBED AS FOU.OWS; COMMENCING AT THE SOUI'HEAS1ERLY CORNER OF FRACTIONAL QUARTER SECTION 13: THENCE ALONG THE SOUTHERLY tINE OF SAID FRACTIONAL QUARTER SOUTH 71 °57'24" WEST 2600,99 FEET TO THE SOUTHWESTERLY CORNER OF SAID FRACTIONAL QUARTER: THENCE ALONG THE WESTERLY LINE THEREOF ~ORTH 17°51'21" WEST 4171.11 FEET TO THE SOUTHWESTERLY CORNER OF SAID QUARTER. SECTION 11; THENCE CONTINUING ALONG THE WES'I'ERL Y LINE THEREOF I NORm 17°51'21" WEST 201.45 FEET TO THE TRUE POINT OF BEGJlIINING; THENCE CONTINUING NORTI-i17°S1'21" WEST 1577.69 FEET TO THE SOUTHERLY RlGHI'-OF-WAY LINE OF TELEGRAPH CANYON ROAD AS DESCRIBED IN PARCEL NO, 66141-A IN DEED RECORDED APR1L 18, 1967 AS FILE ~O, 5;304 OF OFFICIAL RECORDS; THENCE ALONG SAID RIGHI' -OF-WAY NORTH 42°03'10" EAST 426,71 FEET ; THENCE SOUTH 47°S6'50" EAST 0,04 FEET TO THE BEGINNING OF A NON-TANGENT 1933.00-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POIN'!' BEARS :-<ORTH 47°52'51" WEST; THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY 707,61 FEET THROUGH A CENTRAL ANGLE OF 20"58'27"; THENCE TANGENT TO SAID CURVE NORTH 63°05'30" EAST 1341.68 FEET ; THENCE SOUTH 26°52'33" EAST 0.65 FEET ; THENCE NORTH 63°07'26" EAST 154.45 FEET TO THE BEGINNIXG OF A TANGENT 1933.00.FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 26°52'34" WEST; THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY 89.77 FEET THROUGH A CENTRAL ANGLE OF 02°39'40" TO THE EASTERLY LINE OF SAID QUARTER SECTION 11; THENCE LEAV1NG SAID CURVE ALONG THE EASTERLY LINE THEREOF SOUTH 17°52'24" EAST 3694.65 FEET TO THE BEGINNING OF A NON-TANGENT SOO.Oo-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID CURVE BEARS NORTH 25'40'03" EAST. SAID POINT BEING A DISTANCE: OF 1107.47 FEB'I' SOUTHERLY OF THB NORTHEASTERLY CORNER OF SAID QUARTER SECTION 12; THENCE ALONG 'IHE ARC OF SAID CURVE NORTHWESTERLY 131,37 FEE!' THROUGH A ŒNTRAL ANGLE! OF 15"03'14"; T1ŒNCE TANGENI'TO SAID CURVE NORTH 79°23 '11" WEST 2461.02 FEE!' TO THE BEGINNING OF A TANGENT 6OO.00-FOOT RADIUS CURVE CONCAVE SOtJTHERLY; THENCE ALONG THE ARC OF SAID CURVE NORTHWESTERLY 342.S2PEET THROUGH A CHNTRAL ANGLE OF 32'44'13" TO THE TRVB POINT OF BEGINNING. CONTAINS 162.960 ACRES MORE OR LESS 1 /;¿ ~/¡ t.D7J1M-' ... t"II ~¿;=, ~::. ~=;;.: -::~J~h:'" EXHISrr ' B' Page 2 of 2 PA.RCEL 2 BEING A PORTION OF QUARTER SECTION 11, A PORTION OF QUARTER SECTION 12 AND A PORTION OF FRACTIONAL QUARTER SECrION 13 OF RA.."'ICHO DE Lo\ NACION, IN TI-:E COUNTY OF SAi'l DIEGO, STATE OF CALIFORNIA, ACCORDING TO YfAP THEREOF :-¡O, 166, BY MORRILL FJLED IN THE OFFICE OF THE cOUNTY RECORDER OF SAN DIEGO COUNTY, )1A Y !, ¡ 869, BEING MORE PAR TICULARL Y DESCRIBED ~ FOLLOWS; COMME."ICl:'!G AT THE SOüI1ŒASTERLY CORNER OF FRACTIONAL QUARTER SECTION 13; THENCE ALONG THE SOUTHERLY LINE OF SAID FRACTIONAL QUARTER SOUTH 71°57'24" WEST 2600,99 FEET 70 THE SOUTHWESTERLY CORNER OF SAID PRACI10NAL QUARTER SECrION 13; THENCE ALONG THE WESTElU. Y LINE THEREOF RTH 17°51'21" WEST 1272.13 FEET TO THE TRUE POINT OF BEG~G, SAID POINT BEING A DISTANCE OF 263.21 FEET SOUTHERLY OF THE SOUTHWESTERLY CORNER OF SAID QUARTER SECrION 12; THENCE coNTINUE ALONG THE WESTERLY LINE THBREOF :-iORTH 17'51'21" WEST 3100.43 FEET TO THE BEGINNING OF A NON-TANGEi'IT 600,OO-FOOT RADIUS CL'RVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 22°07'24" WEST, SAID POINT ALSO BEING A DISTANCE OF 201.45 FEET NORTHERLY OF THE NORTHWESTERLY CORNER OF SAID QUARTER. SECrION 12; THENCE LEAVING SAID WESTERLY LINE ALONG THE ARC OF SAID CL'RVE EASTERLY 342.82FEET nmOUGH A CENTRAL ANGLE OF 32°44'13"; THENCE TANGENT TO SAID CURVE SOUTH 79°23'11" EAST 246I.02FEET TO THE BEGINNING OF A TANGENT 5oo,OQ-FOar RADIUS CURVE CONCAVE SOtmiWESTERLY: THENCE ALONG THE ARC OF SAID CURVE SOurHEAS'!'ERLY 131.37 FEET nmOUGH A CENTRAL ANGLE OF 15°03'14" TO THE EASTERLY LINE OF SAID QUARTER SECrION 12, SAID POINT BEING A DISTANCE OF 1107.47 FEET SOurnERLY OF THE NOR'I1JEASTERLY CORNER OF SAID QUARTER SECrION 12; THENCE ALONG SAID EASTElU. Y LINE TI-iEREOF SOUTH 17"52'24" EAST 922.18 FEET TO A POINT BEING 598,00 FEET :-iORTHERLY OF THE SOUTHEASTERLY CORNER OF QUARTER SEcrrON 12: THENCE LEA VINO SAID EASTElU. Y LINE SOUTH 52"21'27" WEST 611.39 FEET TO THE BEGINNING OF A TANOENT 3500,Oo-POOT RADIUS €URVE CONCAVE SOUTImASTERLY; THENCE ALONG TIrEi ARC OF SAID CURVE soUTHWESTERLY 288.16FEET TIiROUOH A CENTRAL ANGLE OF 04°43'02"; THENCE TANGENT TO SAID CURVE SOUTH 47·38'25" WEST 581,33 FEET TO THE BEGINNING OF A TANGENT 2500.00-FOOT RADIUS CURVE CONCAVE NOR.THWESTERLY; THENCE ALONG THE ARC OP SAID CURVE SOUTHWESTERLY 621.73 FEET TIiROUOH A ŒN'TRAL ANGLE OF 14·14'56"; THENCE TANGENT TO SAID CURVE SOUTH 6ID53'21" WEST 647.78 FEET TO THE TRUE POINT OF BEGINNING CONTAINS 126.945 ACIœS MORE OR LESS ~ 2/02 -)7 EXHIBIT C PROGRAM FOR THE PROVISION OF AFFORDABLE HOUSING WITmN MCMILLIN OTAY RANCH SPA I Approved by the Chula Vista City Council Resolution , 1998 Prepared For: The City of Chula Vista 065/015712-0002/3014078.3 a02/04!98 /~- /rJ¡ (McMìUin Gtay Ranch SPA 1) TABLE OF CONTENTS Page I. INTRODUCTION , . , . , , . . . , . , . , . . . , . , , . . . . . . . . . . . , . . , , , . 1 II. DEFINITIONS , . , . , . . , , . , , , . . . . , . , , . . . , , , . . , . , . , . . . , . . . 1 ID. CITY OF CHULA VISTA INCLUSIONARY HOUSING NEEDS . . . . . . . . 3 IV. MCMILLIN OTAY RANCH SPA I AFFORDABLE HOUSING PROGRAM . , . , , . . , . , , . , . , . , , . , . , . , . . , , . . . . , , , . , , . . . , , 3 . A. LOW INCOME HOUSING , , . . . . . , , , . . . . , , , , , . . , . . . , , , 3 1. Requirements .. " .. . .. .... ... . . . . . . . . . . . . .. '" 3 2, Site Selection Criteria '.....,."..".",.,..,'..., 4 3. Low Income Housing Sites, . . . . . . . . . . . . . . . . . . . . . . . . 4 4, Phasing , , . , . . , . , , , . . . . . , . . . , . . . . . . , , . , , , , . , . 4 5_ Implementation Schedule ... . ... . . . ... . . . . . . . . . .. .. 5 6, Affordable Units . .. .. . .. . ... . . . .. . . . .. . " . . . .. . 5 B. MODERATE INCOME HOUSING , , . . . . , , , . . _ . , . , . . . . , . . 6 1. Moderate Income Housing Requirements . . , . . . . . . , , . . , . , . 6 2, Moderate Income Housing Sites , . . , , . , . , . . , . . . . . , . . . . 6 3. Phasing . . , . , , , , . . . . . . , , , , . . , , . . , , . . . . , , . , , . , 6 4. Implementation Schedule . . . . ... . . . . . . . ... ... . . . . .. 6 C. CREDITS, SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS, ..... .. .. ... . '" . . . . . . . . ... . .. . . ... 6 D. COMPLIANCE REPORTING ... . " . . . . . ...... .. . . . ... . 7 1. Rental Units' Compliance Packet and Audit. , , , , . . . , , . , . . , 7 2. Home Ownership Units' Compliance Packet . . . . . . .. . ... .. 9 E. AFFIRMATIVE MARKETING PLAN . . , , , . . . . . , , . . , . . , , . , 10 F. DISCLOSURE OF PROPOSED STATE ROUTE 125. , , . . , . . , , . , 10 V. EXHmITS Exhibit 1 Low and Moderate Income Sites Exhibit 2 Supplemental Rental Application Exhibit 3 Semi-Annual Report Exhibit 4 Homebuyer's Qualifying Form Exhibit 5 Affirmative Marketing Plan 065/015712-0002/3014078.3 a02/04/98 ~-Q -.2& (McMillin Otay Ranch SPA I) J;). - / r I. INTRODUCTION The City of Chula Vista ("City"), along with all other cities in California, is required by state law to have a Housing Element as a component of its General Plan. The Housing Element describes the housing needs of the community and the responses necessary to fulfill them. The City of Chula Vista Housing Element of 1991 contains numerous objectives, policies and related action programs to accomplish these objectives. Key among these is the affordable housing policy which requires that residential development with fifty (50) or more dwelling units provide a minimum of 10% of the total dwelling units for low and moderate income households, one half of these units (5% of the total project) being designated to low income and the remaining five percent to moderate income households. In order to guarantee the provision of Affordable Housing opportunities, the City requires that a specific Affordable Housing Program ("AHP") and agreement be consistent with the Housing Element of the Chula Vista General Plan and be prepared and signed by the Developer. This Affordable Housing Program is intended to delineate how, when and where the units would be provided, intended subsidies, income rent restrictions and methods to verify compliance. The McMillin Otay Ranch SPA I Housing Program is consistent with the City's affordable housing policies and is expected to be completed in one phase. This Phase consists of a total of 1,877 units with the provision of 94 low income and 94 moderate income housing units. All low income housing units (94) would be located in the R- 40, R-44, R-45 parcels of the planned community within an area identified in the Development Phasing Plan as The moderate income housing would be located within R-40, R-41, R-44, R-45, and R- 46 (see Exhibit 1). Construction of ninety-four (94) low income and ninety-four (94) moderate income housing units is expected to begin before the issuance of the 450th building permit (see the section entitled "Implementation Schedule" in this program) . II. DEFINITIONS affirmative marketing plan - An outline that details actions the Developer will take to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, sex, sexual orientation, marital status, familiar status, color, religion, -1- 065/015712-0002/3014078.3 aD2/04/98 / cJ ~ c::2- Þ (McMillin Ûtay Ranch SPA I) national origin, ancestry, handicap, age, or any other category which may be defined by law now or in the future. affordable rental rate - The rent to be charged to a low income household shall not exceed the Fair Market Rents (FMR's) set by HUD on an annual basis based on the number of bedrooms within the unit. It includes shelter rent and the cost of utilities, except telephones. HUD sets the FMR's at the 40th percentile distribution of standard quality rental housing units. The 40th percentile rent is drawn from the distribution of rents of units which are occupied by recent movers (renter households who moved into their units within the past 15 months). Usage of FMR's assures each household pays equal proportionate share of rent. There are no minimum rent requirements. The Fiscal Year 1998 FMR's are as follows: Metropolitan Statistical Area EFF I-bd 2-bd 3-bd 4-bd San Diego, CA $483 $552 $691 $960 $1,133 low income household - A household of persons who claim primary residency at the same unit with combined incomes that do not exceed 80% of the area median income (adjusted annually) based on household size. Household size is calculated by the number of persons residing at the same unit as their primary residency. For the purpose of calculating income, HUD regulation 24CFR 813.106 provides the guidelines to be used as presently set forth and amended from time to time. moderate income household - A household of persons who claim primary residency at the same unit with combined incomes between 80% to 120% of the area median income (adjusted annually) based on household size. Household size is calculated by the number of persons residing at the same unit as their primary residency. For the purpose of calculating income, BUD regulation 24CFR 813.106 provide the guidelines to be used as presently set forth and amended from time to time. Qualified Term - That length of time the rental unit must remain affordable to low income households. San Diego median income - The San Diego County area median income level as determined from time to time by the Department of Housing and Urban Development, United States Government, based on household size. subsidized financing - Any financing provided by any public agency specifically for the development and construction of low and moderate income housing units. -2- 065/015712..()()()2/3014078.3 a02/04/98 "d ") ~ (McMillin Ûtay Ranch SPA I) -r- /,2 -,;;,,/ III. CITY OF CHULA VISTA INCLUSIONARY HOUSING NEEDS As the State Regional Needs Assessment indicates, housing for large families is the single greatest need in our community. A recent survey of Chula Vista showed that within a three mile radius of Cordova in Rancho del Rey, (an affordable housing development on the east side of Chula Vista) there are 1,334 market rate rentals of which 110 are three bedrooms and zero are four bedrooms. Only 8.2% of the market rate rentals are three bedrooms. Given that 14% of the households in Chula Vista (according to the 1990 Census) are large families (of five or more persons), and assuming the desire for equal distribution of these families throughout the city, the private market is not producing adequate housing for large families (three or more bedroom units) on the east side. Thus, should the City of Chula Vista choose to participate in financing affordable housing to families of low income, the City would prefer to invest in affordable developments with large units. Another City of Chula Vista objective through its housing policy is to broaden the availability of housing types and increase home ownership opportunities for low income households. As the State Regional Needs Assessment indicates, due to the high cost of buying a home in Southern California, home ownership is rarely affordable to families with low incomes. The 1990 Census data shows that among homeowners in Chula Vista, the lower the household income the higher the percentage of the respective household income goes to the mortgage payments. Making home ownership affordable to families with low income is the key to this objective. Should the City of Chula Vista choose to participate in financing affordable housing, the City would prefer to invest in home ownership opportunities for families of low income. IV. MCMILLIN OTAY RANCH SPA I AFFORDABLE HOUSING PROGRAM A. LOW INCOME HOUSING 1. Requirements The McMillin Otay Ranch SPA I Project is required to provide a minimum of 10% of the approved housing units (188) as affordable housing, of which one-half shall be provided as low income housing." Based on the total of 1,877 residential housing units which are currently allowed to be constructed within McMillin Otay Ranch SPA I, a total of 188 low and lThis is a condition of approval for the McMillin Otay Ranch SPA One Tract 97-02 Tentative Map and specifically Condition No. 98 of City Council Resolution No. 18686. -3- 065/015712-0002/3014078.3 a02/04/98 y<,:< _ (./<3 _ (McMillin Otay Ranch SPA I) / ..:¿ -.2 ::L moderate income housing units are required to be provided within the project, of which 94 will be provided for low income and 94 moderate income households. 2 2. Site Selection Criteria The low income housing site was selected using the following selection criteria which is prescribed in the City of Chula Vista General Plan: a. Such units are located near proposed public transit facilities, including bus and trolley routes along Palomar Street; b. Such units are located within walking distance of future retail, commercial and support services in the village core, public park facilities and schools. c. Every effort has been made to make targeted sites for the low and moderate income housing units compatible with adjacent residential units (i.e. , densities, design, etc.) . 3. Low Income Housing Sites. Parcels R-40, R-44, and R-45 have been selected as the site for low income housing units within the McMillin Otay Ranch SPA I project (see Exhibit 1) . 4. Phasing The low income housing units would be completed in one phase. This Phase consists of 94 units. 2The number of affordable units and low income housing units referred to herein may be adjusted based upon the actual number of residential housing units which are constructed in the McMillin Otay Ranch SPA One project. In any event the Developer shall construct 5%. 065/015712-0002/3014078.3 a02/04/98 -4-~? 'J. t (McMillin Ocay Ranch SPA I) ""7 '\ c,. /-2 -~J 5. Implementation Schedule LOW INCOME HOUSING TIMING ITEMS TO BE COMPLETED Prior to approval of the first Pinal Identify low income housing site(s) and provide Map, proof of site(s) control for all phases. Identify intended subsidies, incentives and financing mechanisms for all phases. Prior to issuance of the 75th (4% of Submit a marketing plan to the Community total) building permit. Development Department for review and approval. Prior to issuance of the 150th (8% of Submit a design development plan for the total) building permit. construction of 94 low income housing units. Prior to issuance of the 337th (19% of Obtain Design Review Committee's (DRC) total) building permit, approval for the construction of 94 low-income housing units. Prior to issuance of the 450th (24% of Obtain building permits for the construction of total) building permit. the Initial Phase (94 units), Within internal distribution of building structure, identify specific location of 94 units,' Prior to issuance of the 880th (47% of City's final inspection and utilities released for total) building permit or 18 months 94 low income housing units is obtained. from the date of the building permit issuance whichever occurs first. Total 94 units 6. Affordable Units The number of affordable units and low income housing units referred to herein may be adjusted based upon the actual number of residential housing units which are constructed in the McMillin Otay Ranch SPA One project. In any event the Developer shall construct 5" o . 3The location of the designated units may change over time (to he referred to as "floating units") as long as the total number of affordable units remains constant and that substituted units are comparable in terms of size, features, and the number of bedrooms, as determined by the Director of the Community Development Department. -5- 0- ')~ 065/015712-0002/3014078.3 a02/04/98 (McMillin Ûtay Ranch SPA I) r -- tJ /~ -..::( B. MODERATE INCOME HOUSING 1. Moderate Income Housing Requirements McMillin Otay Ranch SPA I currently includes 1,877 housing units of which five percent (5%), or 94, must be moderate income housing units.' These moderate income housing units shall consist of for-sale housing and rental be located in parcels R-40, R-41, R-44, R-45, and R-46 (see Exhibit 1) . 2. Moderate Income Housing Sites Parcels R-40, R-41, R-44, R-45, and R-46 have been selected as the sites for moderate income housing units within the McMillin Otay Ranch SPA I project. The location of these parcels are shown on Exhibit 1. 3. Phasing The moderate income housing would be completed in one phase. This Phase consists of 94 units. 4. Implementation Schedule MODERATE INCOME HOUSING Prior to issuance of the 450th Obtain building permits and start construction for 94 (24% of total) building permit moderate income housing units Prior to issuance of the 880th City's final inspection and utilities released for 94 low (47% of total) building permit income housing units is obtained, Total 94 units C. CREDITS, SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS. The seventeen (17) affordable housing credits resulting from the Rancho Del Rey SPA III McMillin project, Cordova Village, may be applied to this agreement if the developer desires and pays an approximate amount to the City. In the event Developer obtains subsidized financing, the Qualified Term shall be dictated by the selected funding source. If the selected funding has no qualified term, it shall be fifty-five (55) years. In the event that no subsidized financing is obtained, the Qualified Term shall be 4The number of moderate income units may also be adjusted based on the actual number of housing units constructed within the McMillin Otay Ranch SPA One project. -6- 065/015712-000213014078.3 a02J04/98 / 1 c2... ?- (McMillin Otay Ranch SPA I) ...-..... / .2 - .2...s- twenty (20) years from the date of the completion of the final inspection for each structure. Below is a list of some of the potential funding mechanisms that the Developer may use for affordable housing. Low Income Housing Tax Credits (LIHTC) -Statewide Competition Housing Bonds - State Density Bonus - City Mortgage Credit Certificates - City Local Initiative Support Corporation (LISC)-Source for Nonprofit Only Redevelopment Low and Moderate Income Fund - City HOME - City, County, and State Other Public Financing - State and Federal City agrees to the extent it deems reasonable to use good faith and reasonable best efforts to assist Developer in obtaining the benefit of certain financing and other mechanisms which will reduce the cost of providing affordable housing in McMillin Otay Ranch SPA I, some of which require approvals from, or allocations by, state agencies, including, but not limited to, local, state and federal subsidies and City bonuses, planning, and design and development techniques and standards which reduce the cost of providing affordable housing (collectively, the "Cost Reducing Mechanisms"). The parties acknowledge that City is unable to guarantee the availability of any Cost Reducing Mechanisms to Developer for McMillin Otay Ranch SPA I affordable units. D. COMPLIANCE REPORTING All Compliance Reports shall be submitted to the City of Chula Vista Community Development Department and an independent trustee hired by the Developer to monitor the Developer's compliance. The funding sources used will dictate and supersede the terms described in l.a. and b. The terms below only apply if funding sources do not otherwise specify such affordability requirements. 1. Rental Units' Compliance Packet and Audit a. Should a Developer seek approval by the City to credit a tenant toward its low income housing obligation, the Developer must give the City, at a minimum, a compliance packet including the following: · Supplemental Rental Application - Exhibit 2 · Semi-Annual Report - Exhibit 3-A, 3-B, 3-C · Authorization to Release Information by Purchaser -7- 065/015712-0002/3014078.3 a02/04/98 / ~ 1 ~ 1 (McMmin ûlay Ranch SPA !) /:2..:,;¿? · Acknowledgement that the Information is for City's Reporting and Administration Use Only Developer shall not be required to perform any extraordinary investigation or verification regarding such information other than Developer's usual and customary means of income verification. Developer shall retain the Supplemental Rental Application and any supporting documents for a period of at least two (2) years after the applicant ceases to occupy a low income housing unit. b. A household occupying a designated low income unit whose annual income increases subsequent to occupying said unit (referred to as "over income household") and thus exceeds the 80% of area median income, need not vacate the apartment. However, at the Developer's discretion, this over income household's monthly rent (including utilities) may be increased to the market rate. Regardless of a rent increase, the Developer can no longer credit this over income household toward its 5% low income requirement and is obligated to replace this unit by renting the next comparable unit to a low income household as per the paragraph below. Thus, the Developer shall ensure appropriate language is included in the lease requiring tenant to provide income information biannually and acknowledge that should its income increase, the household may be subj ect to a higher rent. Adj usted monthly incomes can be calculated using rules according to the HUD Handbook 4350.3 Occupancy Requirements for HUD Subsidized Multifamily Housing. The location of the designated units may change over time (to be referred to as "floating units") as long as the total number of affordable units remains constant and that substituted units are comparable in terms of size, features, and the number of bedrooms, as determined by the Director of the Community Development Department. If the over income household does not vacate the unit, the Developer must assure that when the next comparable apartment becomes vacant, the newly available unit must be rented to a low income household, as a floating unit, to replace the previously designated unit no longer housing a low income household. If the over income -8- 065/015712-00.)2/3014078.3 aOl/04/98 //;;2.. 5r (McMillin Ocay Ranch SPA 1) / ¿;z -.:< / household chooses to leave, the vacated unit retains its low income unit designation. If a residential apartment complex is designated as 100% low income, the over income household will not be required to vacate, if it pays the increased rent, and the unit will not be replaced with a "floating unit." When the over income household vacates the unit, the unit retains its low income unit designation. c. If the City determines that an outside audit is necessary to verify the accuracy of the submitted rent roll, then on a basis no more frequently than once a year, it may require such an audit at the expense of Developer. In such event, within ten (10) days after delivery of the City's written request for such outside audit, Developer shall deliver to the City the names of three (3) certified public accountants doing business in the Metropolitan San Diego area. City will promptly deliver to Developer notice of approval by the City of one or more of said names. The audit shall be completed by an approved certified public accountant, at Developer's sole cost and expense, within sixty (60) days after the delivery to Developer of City's approval, The certified public accountant shall promptly deliver a copy of the written audit to the City. Such audit shall be an audit of Developer's records, including the information supplied to Developer by the low income tenants. The auditor shall not be required to verify the accuracy of the information provided by the low income tenants. 2. Home Ownership Units' Compliance Packet Should Developer seek approval by the City to credit a home purchase toward its low and/or moderate income housing obligation, the Developer must give the City at a minimum a compliance packet including the following: · Copy of Settlement Sheet · Homebuyer's Qualifying Form - Exhibit 4 · Authorization to Release Information by Purchaser · Acknowledgement that the Information is for City's Reporting and Administration Use Only -9- 0651015712-000z/3014078.3 a02/04/98 . ;: ~ ~ ....y s:--- (McMi1I;n O"'y Ranch SPA t) Developer shall not be required to perform any extraordinary investigation or verification regarding such information other than Developer's usual and customary means of income verification. Developer may contact the City's Community Development Housing Division's Housing Coordinator to confirm the City's acceptance of the applicant as credit toward Developer's low and/or moderate income housing unit obligation. Developer may contact the City prior to the sale of the unit for consultation purposes if desired; however, approval will be given in writing only after required documents are reviewed and accepted by the City. E. AFFIRMATIVE MARKETING PLAN Developer shall provide a marketing plan acceptable to the City, in the City's reasonable discretion, for proaçtively marketing the low and moderate income housing units to low and moderate income tenants and purchasers respectively at the time specified in the Implementation Schedules in Sections AS and B4 above. Developer shall use good faith and reasonable best efforts to market the low and moderate income housing units to low and moderate income tenants and purchasers according to the affirmative marketing plan. See Exhibit 5, attached hereto, which sets forth the plan requirements. The City will in its discretion use good faith and reasonable best efforts to assist Developer in marketing low and moderate income housing units to low and moderate income tenants and purchasers, obtaining the services of a third-party organization in connection with such marketing efforts, processing the applications of prospective tenants and purchasers of low and moderate income housing units, and complying with the reporting requirements as required herein. F. DISCLOSURE OF PROPOSED STATE ROUTE 125. Developer shall provide appropriate disclosure information relating to proposed State Route 125 to all prospective low and moderate income applicants. Prior to the marketing of the units, the form of the disclosure shall be submitted to the City for review and approval. -10- 065/015712-0002/3014078.3 a02/04/98 vI c:¿ .3 0 (McMillin Otay Ranch SPA I) /,;2-..2/ EXHIBIT 1 LOW AND MODERATE INCOME SITES 065/015712-0002/3014078.3 a02/04/98 Exhibit 1 - Page 1 of 1 (McMillin Otay Ranch SPA I) /c2- JiJ EXHIBIT 2 SUPPLEMENTAL RENTAL APPLICATION The rental unit for which you are applying has received governmental assistance under programs to encourage more affordable housing. As a result, the unit carries a rent level restriction and is restricted to occupancy by low and moderate income households. The information required on this form is necessary to determine your income eligibility to occupy the unit. You must report all household income. Information provided will be confidential and not subject to public disclosure pursuant to State Government Code Section 6254 (n) . 6.15.1 Rental Unit Address 6.15.2 Applicant Name 6.15.3 Other Household Members 6.15.4 Total Current Annual Household Income from all Sources Including Asset: TOTAL $ Detail: Household Member Income Source 6.15.5 Total Gross Annual Household Income shown on most recent Federal Tax Return from Previous Calendar Year (Attach copies of most recent Federal Tax returns from previous calendar year for all household members receiving income. Include other verification of income not appearing on tax forms. ) $ 6.15.6 Monthly Rental Rate $ 6.15.7 Number of Bedrooms 065/015712-0002/3014078.3 a02/04/98 Exhibit 2 - Page 1 of 2 (McMillin Otay Ranch SPA I) .., /_? 52/.2· :;1 EXHIBIT 2 APPLICANT'S STATEMENT I certify under penalty of perjury that the foregoing information is trué and correct to the best of my knowledge. I understand that any misrepresentation of the information contained herein may be cause for eviction. Signature Date OWNER'S STATEMENT Based on the foregoing information, I certify under penalty of perjury that the applicant is eligible to occupy this restricted low and moderate income housing unit. Eligibility is based on finding that the applicant's household's current annual income is $ and does not exceed current maximum household income of $ allowed under the terms of a Development Agreement with the City of Chula Vista regarding this residential rental development. Name: Title: Signature: Date: 065/015712-000213014078.3 ,02/04/98 Exhibi t 2 - Page 2 of 2 (McMillin Olay Ranc. SPA 1) /,;2 - JØ- EXHIBIT 3-A SEMI-ANNUAL REPORT OWNER'S CERTIFICATION I am the owner or owner's representative for an affordable housing development in the City of Chula Vista, which is bound by a Housing Agreement wilh the City, I certify under penalty or perjury that the attached rent roll for affordable units at my project is true and correct to the best of my knowledge and complies with the terms and conditions stipulated in the AffordabJe Housing Agreement, or any agreement that implements the same, with the City of Chula Vista, Name Title Signature Date 065/015712-0002/3014078.3 a02/04/98 Exhibit 3 - Page 1 of y (McMiII'nOtayRanchSPAt) /~ -J /c2-J7-' EXHIBIT 3-B SEMI-ANNUAL REPORT PROJECT NAME PROJECT ADDRESS NAME OF PERSON COMPLETING FORM PHONE NUMBER TOTAL SENIOR MONTHLY PROJECTS - BDRM MONTHLY NAME OF NUMBER OF HOUSEHOLD ONE OCCUPANT SIZE RENT HOUSEHOLD OCCUPANTS INCOME IS 60 YEARS+ (xerox form as needed) 065/015712..()()()2/3014078.3 a02/04/98 Exhibit 3 - page~o{0;~~ (McMillin Otay Ranch SPA I) EXHmIT 3-C SEMI-ANNUAL REPORT January 17, 1997 TO: Interested Parties FROM: Sheri Schott, Community Development Specialist SUBJECT: 1997 Household Income Figures for San Diego County Median income figures for San Diego County published by the Department of Housing and Community Development are updated yearly, The figures effective December 27, 1996 are as follows: Household Median Annual Monthly Annual Monthly Size Income Lower Lower Moderate Moderate Income Income Income Income (80% of (120% of Median) Median) 1 $34,020 $27,200 $2,267 $40,824 $3,402 2 $38,880 $31,100 $2,592 $46,656 $3,888 3 $43,740 $35,000 $2,917 $52,488 $4,374 4 $48,600 $38,900 $3,242 $58,320 $4,860 5 $52,488 $42,000 $3,500 $62,986 $5,249 6 $56,376 $45,100 $3,758 $67,651 $5,638 7 $60,264 $48,200 $4,017 $72,317 $6,026 8 $64,152 $51,300 $4,275 $76,982 $6,415 Section 8 Fair Market Rent (FMR) figures apply to some housing developments in Chula Vista. The maximtun monthly rents based on FMR effective September 26, 1996 are as follows: I UNIT SIZE IFMR STUDIO $483 ONE BEDROOM $545 TWO BEDROOMS $682 THREE BEDROOMS $947 If you have any questions, please feel free to call me at 691-5263, 0651015712-0002/3014078.3 a02104/98 Exhibit 3 - Page 3 of 3 (McMillin Otay Ranch SPA I) y f:..1 ....J~ -/..2 -~fÇ EXHIBIT 4 OTAY RANCH RANCH HOMEBUYER's QUALIFYING FORM Buyer I 5 Name Current Address Tract Lot # Lot Address Purchase Price1 Monthly PITI Payment %- of Income # Bedroom Household Size Year of Purchase Median San Diego Household Income % of Median Current Income Signature Authorizing Release to City Sales Representative Submitted to City on NOTE, This information is for the City's Reporting and Administrative Use Only. IThe sale price of any unit being sold in partial satisfaction of Developer's obligation to provide low income housing shall not exceed three times the household's annual income as required by and as may be revised from time to time by the San Diego Association of Governments (SANDAG). 065/0l5712-Q002/3014078.3 a02/04/98 Exhibit 4 - Page 1 of 1 (McMillin Otay Ranch SPA I) L,?---::.J? /..2.. -,.2.6' EXHIBIT 5 City of Chula Vista Equal Housing Opportunity Requirements For The Low/Moderate Income Housinl!: Affirmative Marketinl!: Plan Every Developer complying with the City of Chula Vista's Housing Element's "Affordable Housing Plan" shall submit to the City an Affirmative Marketing Plan, for City Review and Approval, which detaiJs actions the Developer will take to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, sex, sexual orientation, marital status, familiar status, color, religion, national origin, ancestry, or handicap, age or any other category which may be defined by law now or in the future, I. The City of Chula Vista Affirmative Marketing Requirements are as follows. Please note, however, the Plan is not limited to these Requirements. (i) Detail methods for informing the public, buyers and potential tenants about Federal fair housing laws and the City of Chula Vista's affirmative marketing policy; (ii) Publicize to minority persons the availability of housing opportunities through the type of media customarily utilized by the applicant, including minority outlets which are available in the housing market area; (iii) Identify by language and by number any significant number of persons in a community within the housing market area who have limited fluency in the English language; (iv) Where there is a significant number of persons in a community within the housing market area who have limited fluency in the English language, the Plan shall: (a) Identify the media most likely to reach such persons, (b) Advertise for the housing development in the native language of such persons, in addition to the English language, and (c) Describe the provisions which the housing sponsor will make for handling inquiries by and negotiations with such persons for the rental or sale of units in the development. (v) Detail procedures to be used by the Developer and/or property manager to inform and solicit applications from persons in the housing market area who are not likeJy to apply for the housing without special outreach (e.g" use of community organizations, 065/015712-0002/3014078.3 a02I04/98 Exhibit 5 - Page 1 of 2 , (McMillin Otay Ranch SPA I) /(.1 .J £-/..2.-37 EXHIBIT 5 places of worship, employment centers, fair housing groups, or housing counseling agencies). II, Records must be kept describing actions taken by the Developer and/or property managers to affirmatively market units and records to assess the results of these actions; (i) The records shall include a copy or transcript of the advertisement copy, the identity of the media in which it was disseminated, and the date(s) of each appearance, The housing sponsor shall also keep a record of the dates and places of any meetings or communications between the housing sponsor and any individual or group referred to the housing sponsor by the agency or organizations, representing any of the groups within the community acting on behalf of any classification of minority persons described above. Such records shall be retained for a period of five years; (ii) A description of how the Developer and/or property managers will annually assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met; and (iii) The Developer/property manager shall furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City of Chula Vista, HUD or its agent, or other authorized Federal and State officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein, III. The City of Chula Vista may from time to time review the Plan and the Developer's and property manager's activities pursuant to the Plan and may require amendments to the Plan if it does not fully comply with the requirements of this section, IV. An affirmative marketing program shall be in effect for the duration of the Qualified Term defined in the Affordable Housing Agreement. V. If a source of funding used in a low/moderate income housing development, such as federal or state funds, has affirmative marketing requirements more restrictive than the City of Chula Vista's affirmative marketing requirements, then the more restrictive applies. 065/015712-0002/3014078.3 a02/04f98 Exhibit 5 - Page 2 Of~ (McMillin Otay Ranch SPA I) /-2-.3 . -.........-.---.....-...- COUNCIL AGENDA STATEMENT Item /:1 Meeting Date: Februarv 10.1998 ITEM TITLE: Resolution / ~ JY4pproving an agreement with Bob Hoffman Video Productions for videotaping the Chula Vista City Council meetings for televising, SUBMITTED BY: Public Infonnation coor~ VIA: ~I ~ Deputy City Manager\¡¡ REVIEWED BY: Gty M'"",".Jd ~ :;:Ii, V"" y ~ _ No XX Chula Vista entered into its first contract for videotaping all City Council meetings in 1988 after a six-month trial period proved successful. With the tenn ofthe current contract expiring, staff conducted a fonnal RFP process for video production of City Council meetings for televising. Staff has completed that process and negotiated the proposed agreement with Bob Hoffman Video Productions for an initial five-year tenn with an option for the City to extend the agreement for two additional two-year tenns, RECOMMENDATION: That Council adopt the resolution approving the agreement. BOARD/COMMISSION RECOMMENDATION: Not applicable DISCUSSION: The purpose of this agreement is to videotape the Chula Vista City CouncillRedevelopment Agency meetings for broadcasting on cable television and for viewing at the Chula Vista Public Library. Staff distributed a Request for Proposals (RFP) to 32 companies in San Diego County that specialize in video-tape productions. (Attachment A) Responses were received ITom the following three organizations: 4'Q» -- Ace Video Productions 8C'~ -- Bob Hoffman Video Productions ~ -- Ortiz Filmworks All three of these proposing organizations were interviewed by the selection panel composed of Deputy City Manager George Krempl, Public Infonnation Coordinator Jeri Gulbransen and Head I /3~/ Item: Meeting Date: February 10. 1998 of the Civic Center/Main Library Nora McMartin, who previously headed the library's audio/visual services, The interviewed proposers were ranked by the selection committee using the following criteria and weighting system: Points Criteria 50 Financial package/cost effectiveness including cost and options 20 Quality of proposal -- equipment, staffing 15 Experience of proposer and staff in similar live programs 15 Ability of proposer to perform including availability of equipment and staff, financial standing 100 Total Points Ranking! Base Cost - 1st Additional Tape Stock Other Services Points Company Four Hrs Hourly Cost Taping Cost #1 Bob Hoffman Video $750 $80 $6.99 (120) I-Pub Serv Ann (PSA) 94 points Productions (4 cameras) (SVHS) or $7.95 (160) 2-3 Video News Releases per quarter at no cost #2 Ace Video $868 (3 cameras) $94 $7,95 +tax Discounted rate card for 82,5 points Productions $998 (4 cameras) and 5% other productions (SVHS-160) #3 Ortiz Filmworks $950 (4 cameras) $100 $10,00 (160) 6-PSA's during contract 67.5 points (SVHS) term (offered by letter following interview) Comparison with current $768 $84 Cost ofSVHS Camera operator for up Ace Video Productions contract tape +5% & to 4 hrs a month @ no Tax cost As the Council is aware, the City has contracted with Ace Video Productions since 1991, During that time staff has found Ace Video to be professional, on-time and committed to producing a 2 /3",2- .__~___._..._u ._......_..___.._ Item #: Meeting Date: Februarv 10. 1998 high-quality program every week. Besides taping the regular meetings, the company's extra services included a camera operator for up to an additional four hours a month which was used to videotape special events, activities, and seminars; and film and direct special programs, At this time, however, after a thorough comparison of the costs and services proposed by all three companies staff is recommending Bob Hoffman Video Productions, The seJection committee unanimously ranked Bob Hoffman Video Productions as the highest- rated proposer, and staff has subsequently negotiated the attached proposed contract (Attachme~ B) that would commence on Feb, 10,1998, with videotaping to start at the next council meeting,? Hoffman Video's proposal received the highest rating because of its low cost ($750 for the first \ four hours of each meeting and $80 per hour that a meeting lasts over four hours), experience of .~ proposer and staff in live programming, quality of existing equipment, demonstrated ability to ?''t;¡ perform the required work, and special services proposed (described further below), While the ~ cost was not the only factor considered and the proposals varied in their financial package and .~ proposed services, as a point of reference the other two proposals had costs for videotaping a four-hour meeting that ranged from $868 to $950. The proposed contract with Hoffman Video is for a four-camera production staffed by a two- person crew. The equipment used for the production will include four three-chip color video cameras, specifically capable of high-quality production in Jow-light setting similar to what is being used now, and the monitors, recorders, character generator and remote system to produce broadcast-quality video, Hoffìnan Video will continue to use the remote camera system, with cameras mounted on the walls or ceiling and the video production staff working primarily in the adjacent audio/video control room, Hoffman Video also has agreed to produce, at no additional charge, one public service announcement (PSA) or two-three video news releases (VNR) each quarter. These would be produced in broadcast quality and suitable for broadcast on Channels 8, 10,39,51 and 69 as well as cab1ecast. These may be used a variety of ways to promote the city including publicizing special events, groundbreakings and grand openings, as well as on-going city programs such as the Literacy Team or the after-school teen activities. In addition, Hoffman Video's proposal includes enhanced graphics during the televised Council meetings, the commitment to evaluate upgrades in equipment -- such as a digital format -- as the industry standard changes, and consulting assistance if the city or its cable operators install a cable switch enabling a live broadcast or re-broadcast at another time, Bob Hoffman Video Productions has been in business since 1983, originally founded by Bob and Tara Hoffìnan in Chula Vista, Today, Hoffìnan Video has 10 full-time employees and owns all of their state-of-the-art video equipment. Hoffman Video has a number of public and 3 /3--3 Item #: Meeting Date: February 10. 1998 commercial clients including San Diego County, Sweetwater Authority, San Diego Blood Bank, American Lung Association, San Diego Chamber of Commerce Small Business Development Center, In-Flight Phone, Surgical Grade Software and High Technology Solutions, The proposed agreement with Bob Hoffman Video Productions continues videotape production in an arrangement very similar to that currently being used by Ace Video, The terms of the proposed contract are summarized below: 1. Equipment: Four cameras, five monitors, four recorders, one character generator, one special effects switcher, one waveformlvectorscope monitor, one remote camera system, 2, Staff: Two experienced staff people including a technical director. 3, Cost: $750 for four hours or less of meeting time, plus an additional $80 for each additional hour beyond four hours, with cost to remain the same for the initial contract term of five years, 4, Additional Services: Production of one PSA or two-three VNR's each quarter for use designated by the City, at no additional charge, 5. Term: Five years commencing Feb, 10, 1998, with two, two-year extensions at the City's option, FISCAL IMPACT: Because ofthe observation of certain holidays and the calling of special meetings the yearly number of televised City Council/Redevelopment Agency meetings ranges from 42 to 48, Using the up to four-hour meeting cost of $750, the base yearly cost for FY 97/98 ranges ÍÌ'om $31,500 to $36,000, Since the length of meetings can vary greatly, the number of additional hours at $80 per hour is difficult to estimate but is unlikely to exceed $2,500. The base cost of $750 is lower than the previous contract base of $768 per four-hour meeting for FY 1997/98, which may result in a savings for the city. Adequate funds for videotaping are included in the adopted FY 1997/98 budget. 4 /3--~ ~'. ,~_.- ". -.--.. - "-"--_._- RESOLUTION NO. )õ%15h RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH BOB HOFFMAN VIDEO PRODUCTIONS FOR VIDEOTAPING THE CHULA VISTA CITY COUNCIL MEETINGS FOR TELEVISING WHEREAS, Chula vista entered into its first contract for videotaping all City Council meetings in 1988 after a six-month trial period proved successful; and WHEREAS, with the term of the current contract expiring, staff conducted a formal RFP process for video production of city Council meetings for televising; and WHEREAS, responses were received from Ace Video Productions, Bob Hoffman Video Productions, and ortiz Filmworks, and the selection panel unanimously ranked Bob Hoffman Video Productions as the highest-rated proposer and staff has subsequently negotiated a contract therewith. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby approve an Agreement with Bob Hoffman Video Productions for videotaping the Chula vista City Council meetings for televising, in substantially the form presented, a copy of which is on file in the office of the City Clerk as Document No. . BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by . Jeri Gulbransen, Public Infor- mation Coordinator C:\rs\hoffllan ..----- )3~ - ---....---.-.-...--.-.-..--.......--...---.- ATTACHMENT "A" CITY OF CHULA VISTA REQUEST FOR PROPOSAL (RFP) TO VIDEOTAPE CITY COUNCIL MEETINGS FOR TELEVISING 1. INTRODUCTION AND PROJECT DESCRIPTION T devising official government meetings has become a wideJy accepted public information tool d:rring the past 10 years, with more and more cities seeing this as a worthwhile expenditure to hdp keep their residents informed, In the region, the County of San Diego and the cities of C::mla Vista, San Diego, Escondido, Vista, Del Mar, Oceanside, Carlsbad, Solana Beach and Coronado are among those televising supervisor/council meetings, Of those cities that currently å.:> not televise, several including La Mesa and National City are investigating the possibility ,,-}th the expectation of beginning production in the next year or two, The City of Chula Vista has been taping City Council meetings for televising on cable television si:::Jce January 1988. The program was started on a six-month trial basis. After a successful eyaluation, several subsequent contracts have been negotiated to continue the program, Q>.1estionnaires, call-in evaluations and anecdotal feedback have been positive since Chula Vista began taping. The City is seeking to negotiate a new contract to begin this fall. While not part 0:: this RFP, the company selected to perform this work will receive serious consideration for the C~Ty's other video production projects such as the Mayor's State of the City Address and the City M.anager's Budget Overview, T:Je Chula Vista City Council/Redevelopment Agency holds regular meetings at 4 p,m, on the ÍÌ:"st Tuesday of each month and at 6 p.m. on the three successive Tuesdays of each month, The Council generally does not meet on fifth Tuesdays, as applicable. Because of the observation of c~ holidays and the calling of special meetings, the yearly number of televised meetings r=ges from 42 to 48, The length of the meetings can vary greatly -- from under one hour to more than six hours. Currently the meetings are aired at 7 p.m. Wednesdays on Cox Cable C:Janne124 and Chula Vista Cable Channel 47. Videotape copies (VHS) of the meetings also are available for check-out in the Chula Vista public libraries. To better acco=odate the televising of City Council meetings, wiring of the Council Chambers b2.s been modified to allow the microphones to feed into the televising equipment and to provide a ~Iosed-circuit television viewing in two of the conference rooms, Some changes were made to the lighting; however, cameras with low-light capability are required, lr:. 1995, a remote camera system was installed in the Council Chambers and currently uses four C2illeras. Two permanent mounts were placed on the ceilings above the audience seats -- which a...-e capable of a variety of settings -- and one placed on the back wall -- which allows a camera in a ~Iocked-down position." A fourth camera -- which is not permanently installed -- is placed n-...3f the dias to obtain a shot of the speaker's podium, F or the production of Chula Vista's City Council meetings the current operator uses four three- cbip Sony color cameras with videoconferencing lenses and zoom control; two remote control JJ--? -'-'--'.~-.--..-.--~-.--- --- -.-.--- - pantilt heads; two pantilt controllers; one character generator; one color program monitor, one color preview monitor, and three black-end-white monitors; two Super VHS videotape recorders; two 1/2" VHS videotape recorders; one special effects switcher; and a waveform/vector scope (time cameras), Video cable has been permanently installed as have three camera mounts (two ceiling and one wall), II. PROPOSAL REOUIREMENTS A. Minimum requirements: The following are minimum requirements that a proposer must meet and/or agree to in order to be considered responsive to this RFP. 1. Finished product: Produce broadcast quality 3/4" or Super VHS videotape and two 1/2" VHS videotapes of City CouncillRedevelopment Agency meetings regularly scheduled on the first four Tuesdays of every month and occasional special meetings, Delivery of 3/4" or Super VHS videotape to Cox Cable (1175 North Cuyamaca, El Cajon) no Jater than 3 p,m, the day following the Council/Agency meeting. Cox Cable adds time coding/striping of3/4" or Super VHS tape; however tape Jog is required, Delivery of 1/2" VHS videotape recorded on slow speed to Chula Vista Cable (296 Third Ave., Chula Vista) no later than 3 p,m. the day following the Council! Agency meeting, Time coding and tape log not required for Chula Vista Cable, Provide the city with a 1/2" VHS tape the evening of or by 5 p.m, the day following the meeting. Provide video/audio output into the Public Services BuiJding during the meetings to be used by the City for live broadcast of the meetings on City-operated and maintained equipment. 2. Minimum equipment: --- Three three-chip coJor video cameras, specifically capable of high-quality production in low-light setting --- One color monitor, one preview monitor and two black-and-white monitors --- Four video cassette recorders (two 3/4" or Super VHS and two 1/2" VHS) --- One character generator --- One special effects switcher --- One remote camera system including desktop/pantilt controllers, compatibJe with 14 PIN cable 3, Minimum staff: Two experienced staff members to operate the equipment, cameras, and generate graphics; one shouJd be a technical director. 4. Character generation: Identify speakers and items being discussed throughout the meetings, (May require one to two hours CG input prior to meetings.) Display City logo along with CG during meetings. Run various public service announce- ments provided by the City during meetings, Use City-provided opening at beginning of tape. Add meeting agenda following televised opening showing approximate times specific items will be cabJecast. List credits at the end of the J3'~') - televised meeting including the City of Chula Vista and, if desired, the company, 5. Insurance: Obtain and/or provide evidence of the following insurance coverages: a. Commercial General Liability insurance including Business Automobile Insurance coverage with a minimum coverage of $1,000,000 which names the City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"), b. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage. B. Desirable options: Depending on their cost, the following options would be desirable to produce a high-quality program for the City, I. Desirable equipment: --- Four three-chip color video cameras, specifically capable of high-quality production in low-light setting. --- Character/special effects generator with capability to reproduce special logos (in addition to City logo) and capacity to store at least 150 names, titles and agenda items, --- One coJor monitor, one color preview monitor, and three black-and-white monitors. --- One wavefonnlvector scope. 2, Staffmg options: a, Three people including remote camera operator, one technical director and one tape/graphics operator. 3. Other enhancements suggested by proposer such as producing a public service announcement for the city or providing some camera and/or editing time on a quarterly or monthly basis. C. Additional issues for discussion: All proposers must address each of the additional issues for discussion (C 1-9). Modifications proposed for City property must be provided on to-scale drawings. Cost of any equipment (including wiring, cabJes) proposed for pennanent installation must be included with the /3 --p[ proposal. Any costs to the City to make any modifications to City facilities wil1 be taken into consideration in rating the proposal. I. Term of proposed agreement/contract. 2, Modifications, if any, proposed for the inlerior of the Council Chambers and approximale costs, if any, that would be incurred by the City or the proposer. , Proposed location of control booth or van. ~, 4. Background and/or experience of proposer and on-site staff, if known, 5, Proposer's experience in similar operations; include sample video - in 1/2" VHS format of proposer's work, preferable for similar type of production (meeting setting with majority of editing done live.) 6. References 7, Financial standing of the proposer 8. Statement that proposer is an Equal Opportunity Employer 9. Describe fmancial proposal based on the fol1owing (length of meeting shall be determined from the scheduled start time until the meeting is adjourned), If alternative approaches are proposed, describe the fmancial implications of each, a. Cost for first four hours or less of meeting time and additional cost for each hour longer than four hours. b. Cost oftape 3/4" or Super VHS tape stock, assuming stock is recycled for its normal "life" III. SELECTION PROCESS: A. Proposal submittal format and deadline To respond to tills RFP, please include the fol1owing: 1. List the name, title, address and phone number of the proposer, If the proposer is a joint venture, identifY each participating firm. 2, Provide an overall description of the proposal. Multiple proposals may be submitted; specifY the staff, equipment and proposed costs for each_ Discuss how the proposal will meet the minimum requirements (refer to Section IlA), specifically detailing al1 equipment and personnel proposed, Address any desirable options included in the proposal (refer to Section IlB), Describe how /3~? - the proposal addresses each of the additional issues for discussion (refer 10 Section IIC), including the proposed term, any modifications to the facility, background of the personnel, and costs to the City. 3, The entire proposal submission must include five complete sets of the proposal and all additional written material. One copy of previously completed video work in 1/2" VHS format also must be included. (Section II C5), Proposals that do not include all required forms, correct number of compJete copies, or do not have answers included for every question may be deemed non- responsive and may be returned to the proposer, Proposals must be delivered to Jeri Gulbransen, Public Information Coordinator, 276 Fourth Ave., ChuIa Vista, CA 91910, by 4 p,m, PDT,onOct. 17, 1997_ If mail delivery is used, the proposer should mail documents early enough to provide for arrival by this deadline. Proposals received after the date and time specified will be considered only at the discretion of the City of Chula Vista. B. Evaluation and selection process Primary regard will be given to the financial proposal, technical competence and ability of the contractor as demonstrated in the proposal. As indicated, this RFP identifies certain minimum requirements that must be met and/or agreed upon to qualify for consideration in the seJection process. The benefit of any proposed options will be weighed against their cost. All proposals submitted will be reviewed by a selection committee designated by the City of ChuIa Vista. This committee will invite at least the top three rated proposers for an oral interview and rate the interviewed proposers. Staff then will attempt to negotiate a contract with the highest rated proposer to be submitted to the City Council for approval. The contract will be awarded only to responsible prospective contractors. In order to qualify as responsibJe, a prospective contractor must, in the opinion of the raters, meet the following standards as they relate to this Request for Proposal. 1. Have adequate equipment, technical and financial resources for performance or have the ability to obtain such resources as required during performance, 2, Have the necessary experience, organization, technical qualifications, skills and facilities or have the ability to obtain them (including any subcontractor arrangements). , Have a satisfactory record of performance, ,). 4, Be otherwise qualified and eligible to receive an award under applicable laws and regulations. /:3 ,~/& ...-....-..- ------.--- --------- - C. Contract cost l. The final conIract cost is subject to negotiation, 2, At the time of the negotiation of a contract, a recommended agreement will be submitted to the City Council for approval, 3. The City will not provide financial assistance to the contractor beyond the negotiated fee, D. Tentative Schedule The following is a tentative schedule of events for this RFP process: 1. RFP issued September 2. Proposals due October 17, 1997 , Initial evaluations completed October ;). 4. Interviews with selected proposers October - November 5, Contract negotiations and preparation October - November 6, Recommendation to City Council November - December 7, Selected operator begins operation December IV. REQUIREMENTS AND AUTHORITY OF THE CITY OF CHULA VISTA A. All materials prepared under this agreement shall be the property of the City of Chula Vista and may not be used or reproduced in any fonn without the explicit written pennission of the City of Chula Vista, B. The City shall not be liable for any pre-contractual expenses incurred by any proposer or selected operator, The City shall be held hannless and free from any and all liability , claims, or expenses whatsoever incurred by or on behalf of any person or organization responding to this RFP, This Request for Proposal does not commit the City to award a conIract, to pay any costs incurred in the preparation of the proposal to this request, or to procure or conIract for services or supplies. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or entirely this Request for Proposal, if it is in the best interest of the City to do so, The City may require the proposer selected to participate in negotiations and to make technical or other revisions of their proposal as may result from negotiations. The City reserves the right to approve or disapprove subconIractors proposed, /.3'-// ATTACHMENT "B" AGREEMENT BETWEEN CITY OF CHULA VISTA AND BOB HOFFMAN VIDEO PRODUCTIONS TO VIDEOTAPE CHULA VISTA CITY COUNCIL MEETINGS FOR TELEVISING This agreement ("Agreement"), dated February 10, 1998, for the purposes of reference only, and effective as of the date last executed between the parties, is between the City ofChula Vista ("City ") herein, a mUIÚcipal corporation of the State of California, and Bob Hoffman Video Productions ("Company") and is made with reference to the following facts: RECITALS WHEREAS, the City of Chula Vista solicited proposals from qualified individuals or organizations to videotape the regular Tuesday meetings of the Chula Vista City Council/Redevelopment Agency, and WHEREAS, the proposals submitted were evaluated in tenns of cost effectiveness, equipment and staffing, experience of personnel, and ability of proposer to perfonn, and WHEREAS, Bob Hoffman Video Productions as one of the original proposers, agreed to negotiate with the City an agreement mutually beneficial to the parties, and WHEREAS, Company warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Company to City witilln the time frames herein provided all in accordance with the tenns and conditions of tills Agreement, and, NOW, THEREFORE, BE IT RESOLVED that the City and Company do hereby mutually agree as follows: SECTION 1: SERVICES AND EQIDPMENT A. Production Schedule Company agrees to produce broadcast quality Super VHS videotape of the entire City of Chula Vista City Council/Redevelopment Agency meetings that usually are scheduled on the first four Tuesdays of every month, plus certain holiday and special meetings identified by the City, for the tenn specified in this Agreement. B, Equipment Specifications The Company agrees to provide the following equipment as a minimum for videotape /3//2 ------ --_.._._.,._~------ production purposes: · four three-chip color video cameras or equivalent specifically capable of high- quality production in low-light settings, with model subject to City Approval; · one color program monitor, one color preview monitor, and three black and white monitors; · two Super VHS videotape recorders; · two 1/2" VHS videotape recorders; · one character generator; · one wavefonn/vector scope; · one special effects switcher; · one remote camera system including desktop pantilt controllers, compatible with 14 PIN cable. C. Staffing Requirements Company will provide two experienced staff members to operate the above mentioned equipment including one technical director. Company's staff shall be neatly dressed and courteous at all times and shall present a positive, professional image, D. Delivery to Broadcast Locations Company will deliver to Cox Communications (1177 North Cuyamaca, El Cajon) a completed production on Super VHS videotape no later than 3 p,m. the day following the Council/Agency meeting, Company will deliver to Chula Vista Cable (296 Third Ave., Chula Vista) a completed production at slow speed on 1/2" VHS videotape no later than 3 p,m. the day following the Council! Agenda meeting. In addition, the Company will provide a 1/2" VHS tape to the City immediately following the meeting, If, at some point in the future, the City and Cox Communications establish the means for broadcasting directly from the Chula Vista Civic Center the Company agrees to work with the City and Cox Communications to implement any broadcast changes including time, manner, procedures and staffing, City and Company agree to negotiate in good faith to make appropriate amendments to this Agreement if this conversion to direct broadcasting entails substantive changes to the videotaping services. E, Character Generation The Company also agrees to utilize the character generator for identifying speakers and items under discussion, and displaying the City logo throughout the meetings, Company will store at least 50 names and titles which will be updated at least every six months by City. The Company will use the City-provided opening followed by the meeting agenda at the beginning of each program. Approximate times specific items will be cablecast /J~l3 -.-...--. ._.~-_.,-,. .._~.----- will be added to the agenda on the Super VHS tape. Credits listed at the end of each televised meeting will include the City of Chula Vista and may include the Company, Various public service messages also shall be displayed during the meetings, submitted by the City to the Company at least two working days prior to the meeting the messages are scheduled to appear. Company also will include any public service announcements that may arise during the meetings, F. Video/Audio Output At City Council Meetings Company shall provide video/audio output into the Public Services Building during the meeting to be used by the City for live broadcast of the meetings on City-operated and maintained equipment. G. Content Approval; Limitations on Third Party/Company Use Content of the completed video program shall meet with the approval ofthe City of Chula Vista. No editing shall occur without the permission of the City. The entire content of the program shall be the sole property of the City ofChuJa Vista. None of the content of the program may be used for any purpose, commercial or non-commercial, without the written permission of the City of Chula Vista, except for the following: a, Use by an established news organization as part of news coverage of the meetings; b, Use by private individuals for limited, non-broadcast viewing; c, Use by Company for sales demonstrations and other promotions of the Company. H. Additional Services Company agrees to produce one public service announcement (PSA) or two to three video news releases (VNR) for the City each quarter at no additional charge. Topics of these may include, but not be limited to, the following: special events and ceremonies; special meetings and press conferences; and services and programs offered by the City, City will provide adequate information to Company in advance of production, review script and have final approval of any PSA or VNR. In addition, Company agrees to deliver PSA's or VNR's to local television stations and cable companies in a timely manner. 1. Private Use Restriction No materials produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Company in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to distribute, and otherwise use, copyright or patent, in whole or in part, any materials or properties produced under this Agreement. ], Standard of Care All services performed by Company under this Agreement shall be performed in a /5~)i ---" ----~-,--_....~_._~._--~-_._--- manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, SECTION 2: PAYMENT A. The City agrees to pay the Company $750 for each televised Council meeting off our hours or less videotaped by Company. An additional $80 will be paid for each additional hour or part thereof for meetings lasting longer than four hours. If a third camera operator is required by the City, the cost will be $35 per hour. Length of the meetings shall be determined from the scheduled start time until the meeting is adjourned, B, Per meeting and hourly cost shall be fixed for the initial term of this Agreement. C, Failure by the Company to videotape scheduJed meetings or deliver a completed videotape production to Cox Cable or Chula Vista Cable by the specified time shall result in forfeiture of the City payment otherwise payable for such meeting and Company shall be obligated to perform all required videotaping and production services for the next scheduled meeting at no cost to the City. The parties to this agreement acknowledge and recite that the amounts specified in this section are a reasonable estimate of damages suffered by the City considering all of the circwnstances, including the relationship of such swns to the range of harm to the City that could be anticipated and the anticipation that proof of actual damages would be costly or inconvenient, The parties to this agreement acknowledge that it would be impracticable or extremely difficult to fix the actual damage that the City would incur if the Company breaches this paragraph of this agreement. D. The per meeting charge ($750) will be payable by the City for meetings scheduled to be videotaped by Company that are canceled without at least six calendar days notice of such cancellation to the Company, E. In addition to performing the defmed services herein set forth, City may ask Company to videotape additional meetings, and upon doing so in writing, Company shall perform same, subject to Company's availability of staff and equipment, at the rates set forth in Section 2,A of this agreement. F. Lighting, audio feed and modifications to City buildings will be the responsibility of the City, Company agrees to provide technical advice on such matters as may be requested by City from time to time at no additional cost. G, Videotape stock will be provided by the City, City may purchase videotape stock or direct Company to purchase Super VHS videotape and reimburse Company for the $6,99 videotape cost for ST-120 or $7.99 for ST-160. IfCity requests, Company will establish a system to recycle tape stock. The City may elect not to recycle tapes or to establish /;J<"b . -------.-....-.-..."'--.-. .. _._-~ another system. H. Any additional purchases, operating or installation costs associated with the videotaping and not specifically described in this Contract, will be the sole responsibility of the Company unless accepted by the City in a separate written agreement. 1. Billing for each meeting shall be submitted to the City the week following each meeting or after the first and prior to the tenth of the month for all meetings televised during the previous month. The terms shall be net twenty (20) days from invoice date, SECTION 3: TERM A. The term of this agreement will be for five (5) years commencing on February 10, 1998. The City has the option to extend the term of this Agreement for two, two (2) year increments starting February 10,2003. All other terms of this Agreement shall remain in full force and effect for any such extension of the Agreement except for the possible mutual consideration of a CPI adjustment at that time, The City's right to extend this Agreement pursuant to the provisions of this section shall be contingent upon providing a sixty (60) day written notice to Company of the City's intent. B, If, through any cause, Company shall fail to fulfill in a timely and proper manner Company's obligations under this Agreement, or if Company shall violate any of the covenants, agreements or stipulations of this Agreement, in addition to any and all other rights and remedies available to the City at law or in equity, City shall have the right to terminate this Agreement by giving written notice to Company of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all [mished or unfinished materials prepared by Company shall, at the option of the City, become the property of the City, and Company shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Company's breach. SECTION 4: SCHEDULE AND ADMINISTRATION A. Meeting Schedule The City shall provide to the Company a schedule of dates and times of all meetings to be televised by Company during the term of this Agreement. B. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss /3 r/? "~ ...- by the following insurance coverages, in the following categories, and to the limits specified, policies of which are insured by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance Commercial General Liability Insurance with coverage of$I,OOO,OOO.OO, combined single limit applied separately to each project away from premises owned or rented by Company, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"), Proof of Coverage: (1) Certificates ofInsurance: Company shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured, (2) Policy Endorsements Required: In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Company's Commercial General Liability Insurance Policy, Company shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. C. Hold Harmless Company shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Company, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Company's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Company at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees, Company's indemnification of City shall not be limited by any prior or subsequent declaration by the Company. D. Assignability The services of Company are personal to the City, and Company shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City, /3--/7 . __ _ __..__~_.M..__·.._. ___.... .._".__. E, Independent Contractor City is interested only in the results obtained and Company shall perform as an independent contractor, except as otherwise specified herein, with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Company's work products, Company and any ofthe Company's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Company shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. F, Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may ITom time to time be amended, the provisions of which are incorporated by this reference as in fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Company shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement, Q, Attorney's Fees City and Company agree to try to mediate any disputes. However, should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. H. Entire Agreement This Agreement, together with any other written document referred to or contemplaled herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 1. Technical Director Company hereby designates that Bob Hoffman or Tom DeMaligon shall be Company's technical director to the production during the term of this agreement. No substitution for Ihis position shall be allowed without written approval ITom the City, /3'-/Y -..-.-" J. City Administrator The City Manager, or his or her designee, shall be the administrator for the purposes of this Contract. For those conditions requiring the written approval of the City, the City Manager or his or her designee shall have the authority to provide such written approval, COMMUNICATIONS RELATING TO TIllS AGREEMENT SHOULD BE DIRECTED TO: George Krempl, Deputy City Manager Bob Hoffman City of Chula Vista Bob Hoffman Video Productions 276 Fourth Avenue 4805 Mercury Street, Suite L Chula Vista, CA 91910 San Diego, CA 92111 691-5031 576-0046 J:3 r/7 ___ _____~. Bw._m ____ __~_~~ SIGNATURE PAGE TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND BOB HOFFMAN VIDEO PRODUCTIONS TO VIDEOTAPE CHULA VISTA CITY COUNCIL MEETINGS FOR TELEVISING IN WITNESS WHEREOF, City and Company have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,1998, City of Chula Vista: Bob Hoffman Video Productions Shirley Horton fá:~~¡->- Bob Hoffm Mayor Owner City of Chula Vista Bob Hoffman Video Productions Attest: Beverly Authelet, City Clerk Approved as to form by: J3rJ.,tl COUNCIL AGENDA STATEMENT Item: /~ Meeting Date: 02/10/98 ITEM TITLE: Public Hearing: GPA-97-05IPCZ-97-03 - I) Amend the General Plan for the property located at 675 Oxford Street to change the designation from Open Space/Research & Limited Manufacturing to Professional & Administrative Commercial; and 2) Rezone the property from R-I (Res. Single Family) and IL-P (Industrial Limited - Precise Plan overlay) to CO- P (Office Commercial - Precise Plan) - Palomar Station, LLC SUBMITrED BY, Di,~to,"f P"'run}d~ ~ REVIEWED BY, Ci~ "''''''' jr;.¡ ~ J!\ (41St'" V"" Y~J!'.1Ü After consultation between the Applicant, Pal Station, LLC, and City staff, it has been agreed that the public hearing for the above cases should be continued to February 17, 1998. The continuance will allow the Applicant to negotiate with various potential buyers of the property for final purchase and/or lease. Staff therefore recommends that Council continue the item to the meeting of February 17, 1998, ) ;J~ ) ¿;./ _.----, -------- ._._--~~~-_.__. COUNCIL AGENDA STATEMENT Item IS - Meeting Date 2/10/98 ITEM TITLE: PUBLIC HEARING: PCS-98-02; Consideration of a Tentative Subdivision Map known as Eastlake Greens Unit16, Chula Vista Tract 98-02, involving 60 single family and 3 open space lots on 10.89 acres located on the north side of South Greensview Drive between SiJverado Drive and Hunte Parkway. RESOLUTION / g'f:;Zving and imposing conditions on the tentative subdivision map for Eastlake South Greens Unit 16, Chula Vista Tract 98-02, SUBMITTED BY: Director of Planning PC REVIEWED BY: Ci~ M~", JG ~ @ 4/Sths Vote: Yes _NoXl The applicant has submitted a tentative subdivision map known as Eastlake South Greens Unit 16, Chula Vista Tract 98-02, in order to subdivide 10.89 acres into 60 single family and 3 open space lots (see Exhibit A), The project site is identified as Parcel R-16 in the Eastlake Greens Sectional Planning Area (SPA) plan and is located on the north side of South Greensview Drive, between Hunte Parkway and Silverado Drive (see Locator). The Environmental Review Coordinator has determined that the project falls under the purview of FEIR-86-04(B) and that no further environmental review is necessary. BOARDS/COMMISSIONS RECOMMENDATION On January 14, 1998, the Planning Commission voted 7-0 to recommend approval of the Tentative Subdivision Map Eastlake South Greens, Chula Vista Tract 98-02, RECOMMENDATION Adopt attached City Council Resolution approving a tentative subdivision map known as Eastlake Greens Unit 16, Chula Vista Tract 98-02, in accordance with the findings and subject to the conditions contained therein. ~/ Page 2, Item _ Meeting Date 2/10/98 DISCUSSION Site Characteristics The project site is an elongated, two-Jevel building pad created as part of the Eastlake Greens mass grading program, The proposed finish grade maintains the existing building pad configuration and elevation, except for minimum fill in the area of lots 14-19 and some cut to lower the grade around the area of lots 36-39, Both building pads, which are separated by a 15 foot slope bank at the approximate property midpoint, slope west to east 27-33 feet, The site is limited to the north by Hole 11 of the Eastlake Golf Course, to the south by South Greensview Drive, to the wesl by Silverado Road, and to the east by a Jevel open space area containing an existing trail/golf course view point (see Exhibit "B"). Zoninll and Land Use Zoning Existing Land Use Community District Zone District Designation Site PC (Planned Community) Vacant RC-IO, Residential Condominium North / East PC (Planned Community) Golf Course OS-6, Open Space West PC (Planned Community) Single family RS-5, Residential Single Family detached South PC (Planned Community) Vacant RP-8, Residential Planned Concept Proposal The proposed tentative map consists of subdividing 10,89 acres into two neighborhoods separated by a 15 foot elevation difference and containing a totaJ of 60 single family lots and 3 open space lots. Each neighborhood has a single access point from South Greensview Drive and a single interior street ending in cul-de-sacs, The proposed subdivision is within the RC-lO, Residential Condominium, Land Use District which requires that property development standards be established with the site plan and tentative subdivision map process, The residential lots are 53 x 89 with the exception of knuckle and cul-de-sac lots which are 35 feet wide. The proposed subdivision is summarized as follows: /S~.2.. ,.. .~--~-~_.._- --_._- Page 3, Item_ Meeting Date 2/1 0/98 Total Number of Residential Lots: 60 Minimum Dimensions: 50 x 86 ft. Average Lot Dimensions: 53 x 86 ft, Minimum Lot Area: 4,300 sq,ft. Average Lot Area: 5,437 sq. ft. Property development standards for the construction of individual homes are also subject to site plan approval. Specific project design will be scheduled for consideration by the Zoning Administrator, Compliance with Eastiake Greens General Development and SPA Plan The Eastlake Greens General Development Plan (GDP), which establishes general pattern, intensity, and character of development, designates the site as M, Residential Medium Density (6-11 du/ac), with a total of 109 units at 10 units per acre, The proposed 60 lot subdivision is below the maximum allowable density and permitted number of dwelling units and is in substantial compliance with the Eastiake II General Development Plan and Eastiake Greens Sectional Planning Area Plan, Compliance with Planned Community Re~lations The land use district plan for Eastlake Greens designates the site as RC-lO, Residential Condominium, allowing for small lot single family, duplex, townhouse, and multiple family dwellings, To provide for a high level of development flexibility, the Planned Community District regulations allow the property development standards to be established by approval of the site plan or tentative subdivision map, As noted, the proposed subdivision development standards consist of 53' x 89' lots, with an average lot size of 5,437 sq,ft, and a minimum lot size of 4,300 sq.ft, Knuckle and cul-de-sac lots are a minimum of 35' wide. Affordable Housin¡¡ The Developer has entered into an agreement with the City to control the delivery of the low and moderate income housing units required by the Housing Element of the General Plan. The Housing Element requires the overall master planned community to provide five percent of the total project units as low income units and five percent moderate income housing units. The Eastiake Greens Affordable Housing Program and Agreement requires the developer to deliver the low and moderate income housing units prior to issuance of the 2,550th dwelling unit within the territory of the Eastlake Greens Master TentativeMap, Chula Vista Tract 89-06, or be under construction no later than June 1st, 1998. The five percent of moderate income housing units has been satisfied with market rate housing units, and representatives from The /_5---3 ~"_~'_'·___·_·_'_"'_·_._____._m_" Page 4, Item_ Meeting Date 2/10/98 East/ake Company are current/y working with City staff to deliver the low income housing units, The applicant has been notified that building permits for the remainder of the Greens will not be issued after the June I, 1998 deadline unless construction of the affordable housing project has commenced, The East/ake Greens Planned Community offers a mix of housing types and lot sizes for single-family, townhomes, condominium and various apartment densities to provide a wide spectrum of housing prices for persons of various incomes, AnaJysis The interior facing subdivision features standard public streets and cul-de-sacs with pedestrian walks on both sides and adequate maneuvering area for emergency vehicles, The elongated shape of the lot provides substantial exposure to the northerly adjacent goJf course and surrounding streets, To properly enhance these edges, a perimeter fence, as prescribed in the East/ake Greens Design Guidelines, would be required for the project, in addition to landscaping along the three open space lots, as well as special architectural treatment on all units exposed to public view, Overall, the proposed subdivision, as conditioned, is in substantial compliance with the East/ake II GeneraJ Development Plan, East/ake Greens SectionaJ Planning Area (SPA) plan, and all applicable regulations and City policies, Conclusion For the reasons noted above, staff recommends approval of the proposed tentative subdivision map, Chula Vista Tract 98-02, in accordance with the attached draft City Council Resolution and subject to the conditions contained therein. FISCAL IMPACT: The applicant has paid for alJ costs associated with the processing of this tentative map, Attachments I. City Council Resolution NOT SCANNED 2, Exhibits 3. Planning Commission Resolution and Minutes NOT SCANNE 4. Dtsclosure Statement NO.... S D . l CANNED (M\homelplanninglpattylpcs9802c.rep) /ý1 _.."'--~.__..._- RESOLUTION NO JIr8"ff7 '- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE SUBDMSION MAP FOR EASTLAKE SOUTH GREENS UNIT 16, CHULA VISTA TRACT NO 98-02 I. RECITALS A. Proj ect Site WHEREAS, the area of/and which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, is commonly known as Eastlake South Greens Unit 16 Tentative Subdivision Map, Chu1a Vita Tract 98-02; and for purpose of general description herein consists of 10.89 acres located on the north síde of South Greensview Drive west of Hunte Parkway within the Eastlake Greens Planned Community and PC zone District ("Project site"). B. Project; Application for Discretionary Approval WHEREAS, on October 27,1997 The Eastlake Company ("Developer") filed a tentative subdivision map application with the Planning Department of the City of Chula Vista and requested approval of the Tentative Subdivision Map known as Eastlake South Greens Unit 16, Chula Vista Tract 98-02 in order to subdivide the Project site into 60 singJe family residential Jots and 3 open space lots ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of 1) a General Development PJan, EastLake II (EastLake I Expansion) previously approved by City Council ResoJution No. 15198 ("GDP"); 2) the EastLake Greens Sectional Planning Area Plan, previously adopted by City Council Resolution No. 15199; (SPA), all approved on July 18, 1989; and, 3) an Air Quality Improvement PJan (EastLake Greens Air Quality Improvement Plan) and 4) a Water Conservation PJan (EastLake Greens Water Conservation Plan) and Public Facilities Financing Plan (EastJake Greens Public Facilities Financing Plan), all previousJy approved by the City Council on November 24, 1992, by Resolution No. 16898 5) Eastlake Greens Master Tentative Subdivision map, approved by Resolution No,176l8; and, /~S D. Planning Commission Record on Application WHEREAS, the Planning Commission heJd an advertised public hearing on said project on January 14,1998 and voted 7-0 to recommend that the City CounciJ approve the Project based upon the findings and subject to the conditions listed below; and, E. City CounciJ Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was heJd before the City Council of the City ofChuJa Vista on February 10, 1998, on the Project and to receive the recommendations of the PJanning Commission, and 10 hear public testimony with regard to same, NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, detennine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project heJd on January 14, 1998, and the minutes and Resolutions resulting therefrom, are hereby incorporated into the record of this proceeding, III. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has detennined that the Project impJements and falls under the purview ofFEIR 86-04(B) and that no further environmental review is necessary. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for Eastlake South Greens Unit 16, Chula Vista Tract No, 98-02 is in confonnance with the Eastlake II General Development Plan, Eastlake Greens Sectional Planning Area Plan and the elements of the City's General Plan, based on the following: 1. Land Use The General Development Plan designation is Medium Density Residential (5-15 dulac) and the SPA allows 109 dwelling units at a density of approximately 10 dulac, The proposed 60 Jot subdivision is within the allowable density and pennitted number of dwelling units. Therefore, as conditioned, the Project is in substantial compliance with the City's General Plan, EastLake II ,<5-- ç; - -------......-----.-.----.-.----...-..---- --.- General Development Plan (GDP) and Eastlake Greens Sectional Planning Area (SPA) plan. 2, Circulation All of the on-site and off-site public streets required to serve the subdivision will be constructed or DIP fees paid by the developer in accordance with the Eastlake Greens Public Facilities Financing Plan and DeveJopment Agreement. The public streets within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections with adjacent streets, 3, Housing ResoJution No, 15751 adopted by the City Council on August 7,1990, requires the deveJoper to provide ten percent of the total number of units alJowed in the EastLake Greens Planned Community for Jow and moderate income househoJds, In JuJy 1995, the City Council approved a program and the applicant entered into an agreement for the provision of affordable Housing within the Eastlake Greens Planned Community, The program outlines the required number of low and moderate income units, the proposed location and the implementation scheduJe, 4. Conservation The Environmental hnpact Report FEIR-86-04 (B) addressed the goals and policies of the Conservation Element of the GeneraJ Plan. The deveJopment of this site is consistent with these goaJs and poJicies. 5, Parks and Recreation, Open Space The EastLake Greens Sectional PJanning Area (SPA) plan provides public and private parks, trails and open space consistent with City policies. 6. Seismic Safety The proposed subdivision is in confonnance with the goals and policies of the Seismic Element of the General Plan for this site, 7. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for confonnance with City safety policies and have detennined that the proposal meets the City Threshold Standards for emergency services, /S~l 8, Noise Noise mitigation measures included in the Environmental Impact Report FEIR- 86-04 (B) adequately address the noise policy of the GeneraJ Plan. The Project shall be designed so that all dwelling units preclude interior noise levels over 45 dBA. and exterior noise exposure to 65 dBA, in accordance with the City's perfonnance standards, 9, Scenic Highway The Project is not adjacent to scenic highways, 10. Bicycle Routes When the street system in the EastLalce Greens planned community was originally considered, appropriate bicycle lanes were included within the community. The private streets within the project are of adequate width to accommodate bicycle travel interior to the site, II. Public Buildings No public buildings are proposed on the project site. The Project is subject to RCT fees prior to issuance of building pennits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmentaJ resources, C. The configuration, orientation and topography of the site partially allows for the optimum sitting of lots for passive or natural heating and cooling opportunities as required by Govemment Code Section 66473.1. D. The site is physically suitable for residential development and the proposal confonns to all standards established by the City for such projects, E, The conditions herein imposed on the grant of pennit or other entitlement herein contained is approximateJy proportional both in nature and extent to the impact created by the proposed deveJopment. BE IT FURTHER RESOLVED, that the City Council does hereby approve the Project subject to the general and special conditions set forth below. /5rý . - --------. --,.~- V. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Project is hereby conditioned as follows: A. Project Site is Improved with Project DeveJoper, or their successors in interest, shall improve the Proj ect Site with the Project as described in the Master Tentative Map, Tract No, 88-03 Resolution No, 15200 and FEIR 86-04 (B) Mitigation Measures except as modified by this Resolution. B. Mitigation Measures DeveJoper shall diJigently implement, or cause the impJementation of all mitigation measures pertaining to the Project identified in the Final Environmental Impact Report FEIR-86-04 (B). C. Implement previously adopted conditions of approval pertinent to project Unless otherwise conditioned, deveJoper shall comply with all unfulfilled conditions of approval of the Eastlake Greens Master Tentative Map, Chula Vista Tract 88-03, established by Resolution No. 15200 and approved by Council on July 18, 1989, and shall remain in compliance with and implement the terms, conditions and provisions of the Eastlake Greens Sectional PJanning Area (SPA) plan, General Development Plan, Planned Community District Regulations, Water Conservation Plan, Air Quality Improvement Plan, Residential Design Guidelines and Public Facilities Financing Plan as amended and as are applicable to the property which is the subject matter of this tentative map, prior to approval of the Final Map or shall have entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures, as the City may require, assuring that after approval of the Final Map, the developer shall continue to comply with, remain in compliance with, and implement such plans, D. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the Eastlake Greens Public Facilities Financing Plan, as amended or as required by the City Engineer, to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. /-ç-- t ------.----.- .~.- ~_..- -"____,·__·______~_______,_~_._·'..M_ E. Design Approval The applicant shall develop the lots in accordance with the applicabJe EastLake Greens Development Regulations and Design Guidelines, The plans for this residential project shall be submitted for review and obtain approval under the City's design review process prior to submittaJ for buiJding pennits. F. Project Phasing If phasing is proposed within an individual map or through multipJe finaJ maps, the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director ofPJanning prior to approval of any final map, The phasing plan shall include: 1. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers and number of dwelling units in each phase. 2. A table showing the phase number, the lots included in the phase and the number of units included in each phase. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to conditionally approve each final map and require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may at their discretion, modify the sequence of improvement construction should conditions change to warrant such revision(s). G. Tentative Subdivision Map Conditions Prior to approval of the first finaJ map, unless otherwise indicated, the Project shall: 1. Comply with any and all unfulfilled conditions of approval applicable to the EastJake South Greens, Chula Vista Tract 88-03, Tentative Map established by Resolution No, 15200 approved by Council on JuJy 18, 1989, and amended by Resolution 17618 on August 16,1994, 2, Install public facilities in accordance with the EastJake South Greens, Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to ~Ç'/¿7 ~-~--_._-..._-~--_..-- warrant such a revision. STREETS. RIGHTS-OF- WAY AND PUBLIC IMPROVEMENTS 3. Design and construct all street improvements in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual unless otherwise approved by the City Engineer. Submit for approval by the City Engineer improvement plans detailing horizontal and vertical alignment of said streets, Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer and water utilities, drainage facilities, street lights, signs, cui de sacs, street knuckles and fire hydrants, 4, Guarantee prior to approval of the Final Subdivision Map, the construction of public street improvements (streets, sewer, drainage, utilities, etc,) deemed necessary to provide service to the subject subdivision in accordance with City standards. 5, Submit and obtain preliminary approvaJ for proposed street names rrom the Director of Planning and the City Engineer. Dedicate to public use, the right of way for alJ streets shown on the Tentative map within the subdivision. 6. Street light Jocations shall be approved by the City Engineer. 7. Construct five and one halffoot (5 Yz') sidewalks and construct pedestrian ramps on all walkways to meet or exceed the "Americans with Disabilities Act" standards. 8, Present written verification to the City Engineer rrom Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities, 9, Connect proposed storm drain system to existing 30" R.C.P. storm drain in South Greensview Drive, Connect proposed sewer system to existing sewer in South Greensview Drive, 10, All streets which intersecl other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards, II. All sanitary sewer facilities required for deveJopment of any lot subject to Telegraph Canyon Sewer Pwnped Flows DIP or Salt Creek Sewer Basin /3-// . ---"-"'.-.---.--...-...-.-..- "-.,---.-.- DIF shall be guaranteed prior to recordation of the Subdivision Final Map for said Jot. GRADING AND DRAINAGE 12, Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public sIreets. Calculations shall also be provided to demonsIrate the adequacy of downSIream drainage structures, pipes and inlets, ]3, Stonn drain design shall be accomplished on the basis of the requirements of the Subdivision Manual and the Grading Ordinance (#1797 as amended) 14, Provide improved access to all stonn drain clean outs or as approved by the City Engineer, 15, Submit to and obtain approval ITom the City Engineer for an erosion and sedimentation conIrol plan as part of grading plans, 16, Provide an updated soils report or an addendum to the original document prepared by a registered engineer, as required by the City Engineer. 17, Design the stonn drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 18. Submit "as built" improvement and grading pJans as required by the City Subdivision Manual. Additionally, provide the City said plans in a digital D,X.F. file fonnat. 19. Lot Jines shall be Jocated at the top of slopes except as approved by the City Engineer. Lots shall be so graded as to drain to the sIreet or an approved drainage system. Drainage shall not be permitted to flow over slopes. 20. All grading and pad elevatisms shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Planning Director. 21. Prior to approval of Final Subdivision Map, the Developer shall submit a Jist of proposed lots indicating whether the structure will be located on fill, cut, or a Iransition between the two situations. 22. The inclination of each cut or fill surface resulting in a sJope shall not be /Y/;2... ____.u__·._ steeper than 2: I ( two horizontal to one verticaJ) except for minor slopes as herein defined, All constructed minor slopes shall be designed for proper stability considering both geological and soil properties, A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geoJogist containing the results of surface and subsurface exploration and analysis, These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil supporting the sJope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property, and b, The installation of an approved special slope planting program and irrigation system. c, A "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fill, between single family lots and not paralJel to any roadway, AGREEMENTS 23. Agree that the City may withhold building permits for the subject subdivision if anyone of the following occur: a, Regional development threshoJd limits set by the East Chula Vista Transportation Phasing Plan have been reached, b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance, c, The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to satisfaction of the City. The developer may propose changes in the timing and sequencing of deveJopment and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City Planning Director and Public Works Director. 24. Agree to defend, indemnify and hold harmJess the City and its agents, /S-/J .'-' ---.- -' -------.-...-......-.. officers and empJoyees, from any claim, action or proceeding against the City, or its agents, officers or empJoyees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, 25. Agree to hold the City hannless from any liabiJity for erosion, siltation or increase flow of drainage resulting from this project. 26. Agree to ensure that all franchised cable television companies ("Cable Company") are pennitted equaJ opportunity to place conduit and provide cable teJevision service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compJiance with, alJ of the tenns and conditions ofthe franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cabJe television companies as same may have been, or may from time to time be issued by the City of Chula Vista. OPEN SPACE/ASSESSMENTS 27, Grant an Irrevocable Offer of Dedication (lOD), on the Final Map for Open Space Lots A, B, and C within the subdivision. 28, Provide proof to the satisfaction of the City Engineer and Director of PJanning that all improvements located on open space lots "A", "B", and "C" will be incorporated into and maintained by the existing Eastlake Homeowners Association. 29, Pay additional fees on a proportional basis as detennined by the City Engineer into the Assessment District Numbers 90-3, 91-1 and 94-1 or other applicable assessment districts due to changes in the number of units approved subsequent to district fonnation. 30, Pay all costs associated with apportiomnent of assessments for all City assessment districts as a result of subdivision of lands within the boundary. Submit an apportiomnent fonn and provide a deposit to the City estimated at $4,725.00 ( $25 per 101 X 63 Jots X 3 districts) to cover costs. 31. Submit all Special Tax and Assessment disclosure fonns for the approval of the City Engineer. /5//~ -- -- - ---- - -_.--_..._.._-~_.._--~--- 32, CompJy with the tenns and conditions of the AcquisitionlFinancing Agreemenl for Assessment District 94-1, CO 94-064, approved by CounciJ ResoJution 17483 as said tenns and conditions may be appJicabJe to this development. 33, The DeveJoper shall be responsibJe for street trees in accordance with Section 18,28,10 of the Chula Vista MurucipaJ Code. The use of cones shall be included where necessary to reduce the impact of root systems disrupting adjacent sidewalks and rights-of-way. 34. Maintenance of all facilities and improvements within open space areas covered by home owners associations shall be covered by CC&Rs to be submitted and approved by the Engineering Department prior to approval of the associated final map. 35. Prior to the approval of any final map, the DeveJoper shall request in writing that maintenance of all facilities and improvements within the open space area associated with such map shall be the responsibility of the Eastlake Greens Open Space Maintenance District I. 36, All utilities which service open space shall be located within the open space or within dedicated City right-of-way. 37. For walls which are Jocated within the open space maintenance district, owners of adjoining Jots shall sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property, These restrictions shall also be reflected in the CC&Rs for each lot, and a copy of said restrictions shall be provided to the City for its approvaL EASEMENTS 38, Grant on the final map a minimum IS' wide easement to the City ofChula Vista for construction and maintenance of sewer facilities within Lots 2 and 39, 39. Grant to the City a 5.5 foot wide street tree planting and maintenance easement along all public streets within the subdivision. Said easement shall extend from the property line and shall contain no slope steeper than 5:1 (horizontaJ to vertical ratio), MISCELLANEOUS 40, The Declaration of Covenants, Conditions and Restrictions shall include /5' r /___Ç- .-...-- .. -~-----'--.._-~ provisions assuring maintenance of all open space areas as applicable, streets, driveways, drainage and sewage systems which are private. The City of ChuJa Vista shall be named as party to said Declaration authorizing the City to enforce the tenns and conditions of the Declaration in the same manner as any owner within the subdivision. 41. Submit copies of Final Maps in a digital fonnat such as (DXF) graphic fiJe prior to approvaJ of each Final Map. Provide Computer Aided Design (CAD) copy ofthe Final Map based on accurate coordinate geometry calculations and submit the infonnation in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2" disks, Submit as-built improvement and grading plans in digital fonnat. Provide security to guarantee the ultimate submittal of improvements and grading digitaJ files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. 42, Tie the boundary of the subdivision to the California System - Zone VI (1983). CODE REOUIREMENTS 43. CompJy with all applicabJe sections of the Chula Vista Municipal Code, Preparation of the Final Map and all pJans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual, 44. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 45. Pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c, All applicable sewer fees, including but not limited to sewer ' connection fees. d, SR-125 impact fee, e. Telegraph Canyon Pump Sewer Fee, /..---K ~/t __._~,______ 0··.·.-··, _ _..___~'_~_ f. Salt Creek Ranch Sewer Basin Fee, 46. The deveJoper shan compJy with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shan be responsibJe for providing an required tesIing and documentation to demonstraIion said compliance as required by the City Engineer. 47. The fire hydrant on Street" A" shall be relocated to the entry street as indicated by the Fire Department. An fire hydrants shan be instaned and operable and 20' fire access roads shan be usable prior to delivery of any combustible construction materials, 48, Design an dwening units to preclude interior noise levels over 45 dBA and shield an exterior private open space to limit noise exposure to 65 dBA. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their teans, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify an approvals herein granted, deny, or further condiIion issuance of an future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violaIion, No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. VII. INY ALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condiIion herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shan be deemed to be automaticany revoked and of no further force and effect ab initio. Presented by Approved as to form by Ú-- 7V\ÆC}(~~ Robert A. Leiter John Kaheny Planning Director City Attorney ~~/? - "_.._-~_...,_._-_.,._.- ... ' ,', z 11 ó)j I +-r ë II / I' ' , I; '1\.1\ ¡Ii" :~ ¡ .. ;'-- I . 1M,.! 0 _.' I 0 I Z ~ ,,!-'" ~ . . 4 ; . . ~ ! ¡. 'pi'" -< , ..' ,.0 ... i .3 g~."'¡';' J." ... . 0 ' ,. " , · I: ,1 dl . pO ~ I!IIS Eo-; .P.,·" . ~ .,., " ~. " !! = " ~. I ' I ~ _;' ~.~ G.~ 9d'!':O ,,,T(.. =.... ",;¡n d ii~ ',' 1~li¡ ~ . L:!U ~ o ' ,.. D ," ... u - . .. _ ' u _ u. .... " .. " -- .. . . Z ,.. , Q. 0 ;:) c( Z en :IE z ' ' t-. · ... " ,.. . .. .. ... ' 'Ii III - " a: ,., ~!!X > CC c::J Ii!; _ a: " .,' t- ' II! -- . ," t- _ 0'" 0- 0 ,., I ~ .~ => .' ,." . .. .. ... ~ 0 " 0 10' , ".. Z _ 0." ... -- . ,," W ¡¡ en Wi., ~;,; , . t- _:11II: \" ¡; ! I . ' I ~ ~~; > - ,--.- -'" <.! - F· " \ ' ' ,j' . [_ !¡ Ii - ~_I . ,- . ¡ ~ . _ 0- ., d' .' ' I~ " - . ,.' ,.. .. ___ ,dO ' " ...I c .~" ._ r,', d'¡ .. jJ" . ¡,' "I" '" I P', ::) W,,--- i, I "I ¡~I; !Ill, :c '- i J 'I. I . .~~L ~¡ - J ' ~ ... ~ ¡;' _ J¡ " \, _ ", v'" ¡' ---=-' Ii ~" l' It'~!" '"' . .. _ I ;;, r 1'1 I: j .. " ¡ ..J! ' '( ! : " ,0' ¡' _. I , '.0"1,, " "I"" . . ,; un !,!!~lj~:!!; ¡Ui H : ~. .., ,,> .,." .. "" " .."" ' ,... I ,,,'0" ',i:;:. . :.'" :". ,0'." .. ,: ".0 ¡ " , ,,,,:, z .' < ,.'< . -- . .,,,.,, ¡. " , . ,. I' ¡ :¡~t~;¡¡::::;¡ ::;,,-: ;ok: '; ~:"" ¡! w ~, }.. " W~I" ..' .. - ," ,'" .., ,..'.. ' " , -" I .. . ....."....".'.. .". ".,,, ,.. 0" .. ..... .... o' , I _ . ' .,," ,. ., " ,". _ ,., ,< .,,' ,. ': ,. " I , ~ .- I O· " - ........, ",," ..' - / . ,.,., ..,,, ,. "" ..,." ..,"" .. ,..¡ , "' . . . .. , ;' ,;' ", in !; ;:. :¡ :'i :: ¡ :í¡i ~c , '0 :I0UO I o~o::: 5 _ ¡.'D i o~::~ o , >."^ ... ¡jH~ r \ \ EASTlAKE HIGH SCHOOL C HULA VISTA PLANNING DEPARTMENT LOCATOR PROJECT The Eastlake Company -%- S!IBDIYISIDN C) APPUCANT: PROJECT NEC 01 South Greensview Driv; v Requesl; Proposal for 60 Jot subdivision ADDRESS: & SiLverado Drive on 10,89 acres L~-/7 SCALE: FILE NUMBER: NORTH No Scale PCS-98-02 h:\home\¡Jlanning\carlosllocatorslocs9802 cdr J161.9H _________ r-, ~ ~ ~ ~ ~ = N (:~ .. '" A '" Z , , '-I~I~ ~ i. ~ c.. 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Gl8.8.8.8.8.~.~ ¡;; ~.!! - ~ ««< ««< < 0)- >~~~wuzzzzo~oooooo~ s - ~ ~ ëã ~~ '0'" ~ -!š æ ;j :;::; - ,- - hu · c-- ~O-~M~~~~~~O_~M~~~~~ Õ U) 'ii~ --~ -('I, M~~~~ Õ m·~-~M~~~~~~----------NN~~NNN('I, N :§ ~ E E ÜO¿'7~7~"'~~chchchchchchch ;2 13 ! 1:) ~§ å:rereri:ri:å:rèri:ri:ri:ri:å:r:i::r:i::r:i::r:i::r:i::r:i::ri:ci:ci:ci:å:å:å:reå:å: , .. ~ >a..a..cncna..a..o..o..a..ooooooo " ~ _ . UI l "ëña..z .ò c: A.Z .ò '0 · eO · , , è: ~ ; ~ 0) .. 0 .. cc z ...-.....-. \ Eo-; ~ U .... ¡;;¡¡¡ Eo-; .., < ª U 0 =-- ,.;¡ N LU'" j! <Í> N ~Z~ Ó Q. <Í> SLU j5 ó ~IJJ~ Q. ~< - ---t--L-V-. ~ U1(!) - \~-... -- . N" ~ 8 8 - ;:¡s - / ~ /5rd,£/ - ------_._-_..._."-"~--_.,---- Planning Commission Minules - 5 - January 14, 1998 · Commissioner Thomas stated that in all fairness to the developer, he needs to be granted the flexibility to produce a product that is market-driven, Iherefore, he too will not support staff's recommendation. MSC (AguilarlThomas) that the Planning Commission adopt Resolution 98-02 recommending that the City Council approve the applicant's request to amend the Hollywood Driveway requirement, with the following two additional conditions: 1) that the language be changed to reflect that there will be a model home with a Hollywood driveway, instead of a model with the OPTION of having a Hollywood Driveway; 2) that staff work with the applicant in an attempt to devise a more formal means of evaluating and assessing public reaction to the Hollywood driveway. Motion carried (6-0-1) (Commissioner O'Neill absent) · Vice Chair Willett acknowledged the hard work done by staff in planning the Village concepl and also in trying 10 bring an equitable solution to this matter, He therefore, urged the Commission to stay with and support the original Village concept. · Commissioner Ray stated Ihal while he is cognizant of Ihe equity issue with Ihe precedence that Council established, and understands that Ihese matters are market- driven, he urged Ihe Commission to not lose sighl of the countless hours and Iremendous effort that was put inlo planning the original Olay Ranch SPA One and that Ihe Village concept could potentially be compromised, however, he would support Ihe Commission consensus as previously staled, 3, PUBLIC HEARING: PCS-98-02; Tentative Subdivision Map for the Eastlake Greens parcel R-16, Chula Vista Tract 98-02, involving 60 single family and 3 open space lots on 10.89 acres located on the north side of South Greens view Drive west of Hunte Parkway - The Eastlake Company. Background: Luis Hernandez, Acting Senior Planner, reported Ihat Ihe applicant has submitted a tentative subdivision map known as Eastlake South Greens Unit 16, Chula Vista Tracl 98-02, in order 10 subdivide 10,89 acres into 60 single family and 3 open space loIs, East neighborhood has a single access point from South Greensview Drive and a single interior street ending in cul-de-sacs, The residential lots are 53 x 89 with an average lot area of 5,400 square feet Staff Recommendation: That the Planning Commission adopt Resolution PCS-98-02 recommending approval of Ihe Tentative Subdivision Map Eastlake South Greens View Unil 16, Chula Visla Tract 98-02, in accordance with the findings and subject to the conditions conlained in Ihe draft City Council resolution, Public Hearing Opened 8:02 No public input. Public Hearing closed 8:02 /1-/5 ~ / u'_____..-- --~.._._---.. - - -~-_._._..,_. ..._..~-_._----_._....- Planning Commission Minutes - 6- January 14, 1998 MSC (Willett/Ray) 6-0-1 (Commissioner O'Neill absent) that the Planning Commission approve Resolution PCS-98-02 recommending approval of the Tentative Subdivision Map Eastlake South Greens View Unit 16, Chula Vista Tract 98-02, in accordance with the findings and subject to the conditions contained in the draft City Council resolution, Motion carried. 4. PUBLIC HEARING: PC5-98-03; Tentative Subdivision Map for the Eastlake Greens Parcel R-10, Chula Vista Tract 98-03, involving 231 single family and 5 open space lots on 34.28 acres located on the south side of South Greens view Drive west of Hunte Parkway - The Eastlake Company, Background: Luis Hernandez, Acting Senior Planner reported Ihal the proposed tentative rnap consists of subdividing 34,28 acres into two separale building pads, referred to as the Wesl and East neighborhoods, for a combined total of 231 single family and 5 open space lots, The West building pad elevation drops approximately 22 ft, from Ihe westerly adjacenl residential neighborhood and is about 17 ft. above the future Olympic Parkway located directly 10 the south, The East building pad elevalion is approximately 8 ft. below the Wesl building pad, 18-25 ft. above the easterly adjacent residential neighborhood and varies in height (8-30 ft,) above Ihe future Olympic Parkway. On December 12, 1997 the Planning Commission considered a request to change Parcel R-10 presenlland use designation from a Residential Planned Concept to Residential Condominium land use designalion, The change was primarily to allow the applicant to develop criteria to accommodate the small lot product. The Planning Commission endorsed the request and recommended approval by Ihe City Council. Approval of this subdivision will be contingent upon approval of the SPA amendment Ihat is pending consideration by the City Council. Staff Recommendation: That the Planning Commission approve Resolution PCS-98-03 recommending approval of the Tentative Subdivision Map, Eastlake South Greens View Unit 10, Chula Vista Tract 98-03, in accordance wilh the findings and subject 10 the conditions contained in the attached Draft City Council Resolution, Commission Discussion: . Commissioner Willett stated that an area of concern Ihal GMOC addresses is the impact thaI new developmenl has on surrounding schools, and asked what impact this project would have on the school in that area, Luis Hernandez, stated Ihal slaff received a letter from the school district indicating there was sufficient capacity to accommodale new incoming students Ihat would be attending school as a result of this development project. ;ffjs~~:z --.------,',--..-,'- ..--- -_._-----_._.._~.- RESOLUTION NO, PCS-98-02 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE SOUTH GREENS UNIT 16, CHULA VISTA TRACT 98-02, WITHIN THE EASTLAKE GREENS PLANNED COMMUNITY AND PC ZONE DISTRICT WHEREAS, a duly verified application for a tentative subdivision map was filed with the Planning Department of the City of Chula Vista on October 27, 1997 by The Eastlake Company ("Developer"); and, WHEREAS, said application requests approval to subdivide 10.89 acres into 60 residential lots and 3 open space lots ("Project"); and, WHEREAS, the property is located on the north side of South Greensview Drive between Silverado Drive and Hunte Parkway within the Eastlake Greens Planned Community and P-C Zone District; and, WHEREAS, the Environmental Review Coordinator has determined that the project falls under the purview of FEIR-86-04(B) and that no further environmental review is necessary; and, WHEREAS, the Planning Director set the time and place for a hearing on the tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and it mailing to property owners and tenants within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p,m., January 14, 1998 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Planning Commission has previously considered FEIR-86-04 (B) and, therefore, no further environmental action by the Commission is necessary. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the Tentative Subdivision Map for Chula Vista Tract 98-02 in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. ~6~} PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th day of January, 1998, by the following vote, to- wit: AYES: Commissioners Aguilar, Davis, O'Neill, Ray, Tarantino, Thomas, Willett, NOES: None ABSENT: None Patty Davis, Chair ATTEST: Diana Vargas, Secretary ~ /.S~f 11-1E L, Y OF CHULA VISTA DISCLOSURE S..fEMENT You are rcquired 10 file a Slalemenl of Disclosure IIf ccnain ownership or financial inlcrests, payments, or campaign cnntrihulions, on all mailer.; which will rcquire discrelionary aclion on Ihe pari IIC Ihc Cily Council, Planning Commission, and aU other oCOcial bodies. The Collowing inCormalion mUM be disclosed: I. Lisl Ihc names of all persons having a financial inlerCM in thc properly which is the sUhJeet of the application or the contract, e,g., owncr, applicanl, COnlractor, subcontraclor, material supplier, T~ .E/9$TL/J~E t!tl. 2. 1£ any person' idenlified pursuanl IU (I) above is a corporal ion or pannership, list Ihe names of aU individuals owning morc Ihan 10% of Ihe shares in Ihe corporalion or owning any partnership inleresl in the partnership, Hilt ( ), If any person' idenlificd pursuanl to (I) above is non.profil organi1-3lion or a tru5I, lisl Ihe names of any person serving as director of Ihe non·profil organil.alion or as IruslCC or beneficiary or IrUSlor of Ihe trust Hf¡4, , , 4, Have you had morc than $250 wonh of businc.'\,~ IransaCled wilh any memher of Ihe City slaff, Boards, Commissions, Commillees, and Council wilhin Ihe past Iwelve monlhs'! Yes_ No~ 1£ yes, plcase indicate person(s): 5, Plcase idenlify each ånd every person, including any agents, employees, consultants, or independenl conlraclors who you have assigned 10 represent you beCore Ihe City in this maller, ~I j/ t! (),II cf N.)~C. Po6ER -¡/¡llrl4 J ,f,C',E. 6, Have you and/or your officers or agenls, in the aggregale, cnntribuled more than $ 1,000 to a Councilmember In the currenl or preceding cicci ion pcriod? Yes.....:.. No V If yes, stale which Councilmember(s): ItJ-Ü-.f7 · · · (NOTE: Attacb addiliooal pap ~~ _- Dale: Slgnatu~ctor/appucant /.,ç- o2S' ~ 1Ø~~~ Print or Iype name of conlractor!applicant · O!!!!a. is dcJitltd ØI: ·AII)' ¡"Jj,'dual. finn, ((j·parftlcrship. joilu \'fPULtfC', auoÔølintl, StJciaJ club. fralmlal orgalliZðliml, corpcHoliOlI, alalC. tnut. rrce;w:r, qrr.dicatt. Ihi.r diu} QI,Y 0Ihtr cou",)', city QluI (au",,,', âty municipality, disøict, or mJlcr p<Hil;(allUbdi~'iJiOl" (H IVIY olher group 01 combû'QlÎon «lillg tIS 41 UlIÌL .. . --'-'-','_.' ---" - -- -- - ---.-.- COUNCIL AGENDA STATEMENT Item /¿ Meeting Date 2/10/98 ITEM TITLE: PUBLIC HEARING: PCS-98-03; Consideration of a Tentative Subdivision Map known as Eastlake Greens View Unit-lO, Chula Vista Tract 98-03, involving 231 single family and 5 open space lots on 34.28 acres located on the south side of South Greensview Drive west of Hunte Parkway. /J3"J'%" RESOLUTION Approving and imposing conditions of the tentative subdivision map for Eastlake Greens View Unit 10, Chula Vista Tract 98-03, SUBMITTED BY: Director of Planning a¿ REVIEWED BY, c¡~ Man.g,~<; ~ ~ (4/Sths vote: Yes_No---XJ The applicant has submitted a tentative subdivision map known as Eastlake South Greens View Unit 10, Chula Vista Tract 98-03, in order to subdivide 34,28 acres into 231 single family and 5 open space lots (see Exhibit A), The project site is identified as Parcel R-lO in the Eastlake Greens Sectional Planning Area (SPA) plan which targets the site for 246 dwelling units at a density of 7,1 du/ac (see Exhibit B), The subdivision site, which is limited to the east and west by single family residential neighborhoods and future Olympic Parkway to the south, is located on the south side of South Greensview Drive west of Hunte Parkway within the Eastlake Greens planned community (see Locator). The Environmental Review Coordinator has determined that the project falls under the purview of FEIR-86-04 (B) and that no further environmental review is necessary. BOARDS/COMMISSIQNS RECOMMENDATION , On January 14, 1998, the Planning Commission considered and voted 7-0 to recommend approval of the Tentative Subdivision Map Eastlake South Greens View, Chula Vista Tract 98-03 (see Attachment 2), RECOMMENDATION Adopt attached City Council Resolution approving a tentative subdivision map known as Eastlake Greens View Unit 10, Chula Vista Tract 98-03, in accordance with the findings and subject to the conditions contained therein, /¿. / / --"..~-_._. Page 2, Item_ Meeting Date 2/10/98 DISCUSSION Site Characteristics The project site is a level building pad created as part of the Eastlake Greens mass grading program, The site would be regraded to create two building pads of similar size, hereby referred to as the East and West building pads (west = 16,86 ac, East = 12.35 ac.) These two building pads are separated by an 8 ft. high slope bank at approximately the property's midpoint. The West building pad elevation drops approximately 22 ft. from the westerly adjacent residential neighborhood and is about 17 f1. above the future Olympic Parkway located directly to the south. This building pad drains west to east and north to south towards storm drains located at both ends of street B. As noted, the East building pad elevation is approximately 8 f1. below the West building pad, 18-25 f1. above the easterly adjacent residential neighborhood (R-12), and varies in height (8-30 f1.) above the future Olympic Parkway, South Greensview Drive is about the same elevation as both building pad access points. The East building pad drains west to east and slight slope north to south, Zoning and Land Use Zoning Existing Land Use Community District Zone District Designation Site PC (Planned Community) Vacant RC, 10 Residential Condominium '" North ¡West PC (Planned Community) Single family detached RS-5, Residential Single Family East PC (Planned Community) Single family detached RP-13 Residential Planned Concept . On January 20, 1998. the City Council considered and approved a SPA amendment to change the Land Use District Designation of the subject site from RPw8, Residential Planned Concept. to RC-I0. Residential Condominiums. However the new land use district will not enter into effect until February 21, 1998 (30 days after first reading), Thus, For the purpose of this report, the existing land use district designation would be the proposed RC-10, Residential condominium, Ii ~;¿ -. -~------,-~._,.._~"----- Page 3, Item_ Meeting Date 2/10/98 Proposal The proposed tentative map consists of subdividing 34.28 acres into two separate building pads, hereby referred to as the west and east neighborhoods, for a combined total of 231 single family and 5 open space lots, The following paragraphs describe in more detail each Neighborhood: West Neighborhood The west neighborhood subdivision design consists of a square shape loop street connected by an access point to South Greensview Drive, The majority of the residential lots are 45' X 70', except for lot 132 which is 29 ft, wide. Knuckle and cul- de-sac lots are 25-32 ft. wide, except for lot 97, which is only 22 ft. wide, and lots 10, 20 and 47 which are designed as panhandle lots. East Neighborhood The east neighborhood subdivision design is basically the same square shape configuration and street width design as the West Neighborhood. This site is also connected to Greensview Drive by an access driveway, All residential lots are 50' X 55'or better with the exception of knuckle and cul-de-sac lots which are 35 ft. wide and irregular in shape. A decorative type perimeter wall along South Greensview Drive and south property line will define the exterior boundaries of this subdivisions (both neighborhoods) and complement the existing open space landscaping treatment along South Greens View Drive, The perimeter walls would be constructed within open space lots and maintained, along with the landscaping, by the existing Eastlake Homeowners Association, Compliance with the Eastlake II General Development Plan and Eastlake Greens SPA Plan The Eastlake II (Eastlake I extension) General Development Plan (GDP), which establishes general pattern, intensity and character of development, designates the site M, Residential Medium density (6-11 du/ac), The SPA Site Utilization Plan identifies this parcel as R-I0 for 246 dwelling units at a density of 7,1 du/ac. The proposed 231 residential lot subdivision is well below the allowable density and permitted number of dwelling units. Thus, as conditioned, this subdivision is in substantial compliance with the Eastlake II General Development Plan (GDP) and Eastlake Greens Sectional Planning Area (SPA) plan. Jt -<3 ..~.. ----..---- - _._~-~------ Page 4, Item_ Meeting Date 2/10/98 Compliance with Planned Community Regulations The applicant has submitted a SPA amendment application requesting to change Parcel R- 10 present land use designation from RP-8, Residential Planned Concept, to RC-lO, Residential Condominium, Both districts allow basically the same residential products (single family attached and detached homes, patio homes, townhomes, duplexes and other single family products on small lots or in land held in common by association), but the RC- 10 District allows the introduction of special property development standards as part of the project's site plan and architectural review approvaL On January 20, 1998, the City Council approved the above mentioned SPA amendment. The new land use district designation will be in effect on February 21, 1998. Thus, approval of the proposed tentative subdivision map has been conditioned to be contingent upon approval of the above mentioned land use district designation change, Assuming that the SPA amendment is approved as requested, the new RC-lO, Residential Condominium Land Use District allows the property development standards to be established by approval of the site plan or tentative subdivision map. The proposed subdivision development standards are as follows: West Neil!:hborhood Minimum lot dimensions 45' X 70 (average size 47' X 75') Lot area 3,150 sq. ft. (average lot area 3,500 sq. ft,) Cul-de-sac/ knuckle lot frontage 35 ft. East Neighborhood Minimum lot dimensions 50' X 55' ( average lot size 53' X 59') Min Lot area 2,800 sq, ft. (average lot size 3,200 sq, ft.) Cui-de sac/ knuckle lot frontage 35 ft. Property development standards for the construction of individual homes are required in conjunction with the site design which is scheduled to be considered by the Zoning Administrator on February 12, 1998. Affordable Housing The Developer has entered into an agreement with the City which establishes the delivery of the low and moderate income housing units required by the Housing Element of the General Plan, The Housing Element requires the overall master planned community to provide five percent of the total project units as low income units and five percent moderate income housing units, The Eastlake Greens Affordable Housing Program and Agreement ;¿; ~ if " .'----"..--.. .--.-....-- Page S, Item_ Meeting Date 2/10/98 requires the developer to deliver the low and moderate income housing units prior to issuance of the 2,550th dwelling unit within the territory of the Eastlake Greens Master Tentative, Chula Vista Tract 89-06, or be under construction no later than June 1st, 1998. The applicant has been notified that building permits for the remainder of the Greens will not issued after the June 1, 1998 dead line date unless construction of the affordable housing project has started, The five percent of moderate income housing units has been satisfied with market rate housing units, However, representatives from The Eastlake Company are currently working with City staff to deliver the low income housing units in the near future, The Eastlake Greens Planned Community also offers a mix of housing types and lot sizes for single-family, townhomes, condominium and various apartment densities to provide a wide spectrum of housing prices for persons of various incomes. Analvsis The proposed small lot residential project features a standard public streets and cul-de-sacs with pedestrian walks on both sides and ample maneuvering area for emergency vehicles, The project is separated from the westerly and easterly adjacent single family residential neighborhoods by a substantial elevation difference which provides individuality for each neighborhood. The proposed subdivision provides for a residential project with approximately 15 units less than targeted in the SPA plan and a small lot product presently not available in the Greens. The following table illustrates the Eastlake Greens planned community residential lot product composition: 6,000-7,000 sq, ft. lots = 288 (11%) 5,000 sq, ft. lots = 470 (18%) 4,500 sq. ft. lots = 401 (15%) 4,000 sq, ft. lots = 92 (4%) 3,000 sq, ft. lots = 291 (11%) The introduction of the 3,150 and 2,800 sq. ft. small lot products would allow the applicant the opportunity to provide a wider variety of housing product within the planned community and complement the existing housing composition and the character envisioned in the SPA plan, The project is also compatible with the westerly and easterly adjacent single family detached residential developments, After the City Council Ordinance No, 2719, which changes the underlying Land Use District designation from RP-8, Residential Concept to RC-lO, Residential Condominiums, enters into effect on February 21, 1998, the Tentative Subdivision Map, as conditioned, would be in substantial compliance with the Eastlake II General development Plan, Eastlake Greens /¿, ~S- " " ""--------.----. Page 6, Item_ Meeting Date 2/10/98 SPA, Eastlake II Planned Community District Regulations and all applicable City policies, Conclusion For the reasons noted above, staff recommends approval of the proposed Tentative Subdivision Map, Chula Vista Tract 98-03 in accordance with the attached Draft City Council Resolution and subject to the conditions contained therein, FISCAL IMPACT: The applicant has paid for all costs associated with the processing of this tentative map. Attachments 1. City Council Resolution _~ ~ 2, Planning Commission Resolution and ~s NOT SCANNED 3, Exhibits . 4, Disclosure Statement NOT SCANNED / ¿: --t --_.~ -- - ,... ~--_. .__._-_._--~--- "----..- ~-_._----_. RESOLUTION NO. ) ff'g'<?~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE SOUTH GREENS, CHULA VISTA TRACT NO 98-03 I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, is commonly known as Eastlake South Greens Unit 10 Tentative Subdivision Map, Chula Vita Tract 98-03; and for purpose of general description herein consists of 34.28 acres located on the south side of South Greensview Drive west of Hunte Parkway within the Eastlake Greens Planned Community and PC zone District ("Project site"). B, Project; Application for Discretionary Approval WHEREAS, on November 5, 1997 The Eastlake Company ("Developer") filed a tentative subdivision map application with the Planning Department of the City of Chula Vista and requested approval of the Tentative Subdivision Map known as Eastlake South Greens Unit 10, Chula Vista Tract 98-03 in order to subdivide the Project site into 231 single family residential lots and 5 open space lots ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of: 1) a General Development Plan, EastLake II (EastLake I Expansion) previously approved by City Council Resolution No. 15198 ("GDP"); 2) the EastLake Greens Sectional Planning Area Plan, previously adopted by City Council Resolution No, 15199; both approved on July 18, 1989; 3) an Air Quality Improvement Plan (EastLake Greens Air Quality Improvement Plan); 4) a Water Conservation Plan (EastLake Greens Water Conservation Plan) and Public Facilities Financing Plan (Eastlake Greens Public Facilities Financing Plan), all previously approved by the City Council on November 24, 1992, by Resolution No, 168985) Eastlake Greens Master Tentative Subdivision map, approved by Resolution No.15200 on July 18, 1989 and amended by Resolution 17618 on August 1994; and, /t-? ".._-~---_.__.,,---_._-- D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said project on January 14, 1998 and voted (7-0) to recommend that the City Council approve the Project based upon the findings and subject to the conditions listed below; and, £. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on January 27, 1998, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on January 14, 1998, and the minutes and Resolutions resulting therefrom, are hereby incorporated into the record of this proceeding, III. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has determined that the Project falls under the purview of FEIR 86-04 (B) and that no further environmental review is necessary. IV. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473,5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for Eastlake South Greens Unit 10, Chula Vista Tract No. 98-03, is in conformance with the Eastlake II General Development Plan, Eastlake Greens Sectional Planning Area (SPA) Plan, Eastlake II Planned Community District Regulations and the elements of the City's General Plan, based on the following: 1. Land Use The General Development Plan designation is Residential Low Medium density (3-6 du/ac/) and the SPA allows 246 dwelling units at a density of approximately 7,1 du/ac. The proposed 231 lot subdivision (5 open space lots) is well below the allowable density and permitted number of dwelling /~r% --_._----_._--_._-~._--.- units. Therefore, as conditioned, the Project is in substantial compliance with the City's General Plan, Eastlake II GeneraJ Development Plan (GDP) and Eastlake Greens Sectional Planning Area (SPA) plan. 2. Circulation All on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the Eastlake Greens Public Facilities Financing Plan and Development Agreement. The public streets within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections with adjacent streets and community pedestrian trails. 3. Housing Resolution No. 15751 adopted by the City Council on August 7, 1990, requires Developer to provide ten percent of the total number of units allowed in the Eastlake Greens planned community for low and moderate income households. In July 1995, the City Council approved a program and the applicant entered into an agreement for the provision of affordable Housing within the Eastlake Greens Planned Community, The program outlines the required number of low and moderate income units, the proposed location and the implementation schedule. 4. Conservation The Environmental Impact Report FEIR-86-04 (B) addressed the goals and policies of the Conservation Element of the General Plan. The development of this site is consistent with these goals and policies. 5. Parks and Recreation, Open Space The Eastlake Greens Sectional Planning Area (SPA) plan provides public and private parks, trails and open space consistent with City policies, 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. /t:: /<:) " .-' _____,',___"'._ ". ._..u·__,_. __.'_._ 7, Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for confonnance with City safety policies and have detennined that the proposal meets the City Threshold Standards for emergency services. 8. Noise Noise mitigation measures included in the Environmental Impact Report FEIR-86-04 (B) adequately address the noise policy of the General Plan. The project has been conditioned to require that all dwelling units be designed to preclude interior noise levels over 45 dBA. and exterior noise exposure to 65 dBA which in accordance with the City's perfonnance standards. 9. Scenic Highway The Project site is located adjacent to a designated scenic highway (Olympic Parkway), A 60-70 feet wide landscape buffer area along with a decorative wall along the southern perimeter of the Project Site would be provided to enhance the project interface with Olympic Parkway. 10, Bicycle Routes When the street system in the Eastlake Greens was originally considered, appropriate bicycle lanes were included within the community. The private streets within the project are of adequate width to accommodate bicycle travel interior to the site. 11. Public Buildings No public buildings are proposed on the project site, The Project is subject to RCf fees prior to issuance of building pennits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources, C, The configuration, orientation and topography of the site partially allows for the optimum sitting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. )j ~/O . n_._·_.·_"___~··_·__~___·_ .__.."._.___"'. D, The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED, that the City Council does hereby approve the Project subject to the general and special conditions set forth below. V. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Tentative Subdivision Map which is stated to be conditioned on "General Conditions" is hereby conditioned as follows: A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Master Tentative Map, Tract No, 88- 03, Resolution No,15200 and 17618, and FEIR 86-04 (B) Mitigation Measures except as modified by this Resolution. B. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Environmental Impact Report FEIR-86-04 (B), C. Implement previously adopted conditions of approval pertinent to project Unless othelWise conditioned, developer shall comply with all unfulfilled conditions of approval of the Eastlake Greens Master Tentative Map, Chula Vista Tract 88-03, established by Resolution No. 15200 approved by Council on July 18, 1989 and Amended by Resolution 17618 on August 1994, and shall remain in compliance with and implement the terms, conditions and provisions of the Eastlake Greens Sectional Planning Area (SPA) plan, General Development Plan, Planned Community District Regulations, Water ConselVation Plan, Air Quality Improvement Plan, Residential Design Guidelines and Public Facilities Financing Plan as amended and as are applicable to the property which is the subject matter of this tentative map, prior to approval of the Final Map or shall have entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures, as the City may require, assuring that after approval of the Final Map, the developer shall continue to comply with, remain in compliance with, and implement such plans. /& --j / D. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the Eastlake Greens Public Facilities Financing Plan, as amended or as required by the City Engineer, to meet threshold standards adopted by the City of Chula Vista, The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. E. Contingency of Project Approval Approval of the Tentative Subdivision Map is contingent upon the amendments to the Eastlake Greens Sectional Planning Area (SPA) plan and Eastlake II Planned Community District Regulations and Land Use District map becoming effective (PCM-98-14). F. Design Approval The applicant shall develop the lots in accordance with the applicable Eastlake Greens Planned Community District Regulations and Design Guidelines, The plans for the residential project shall be submitted for review and obtain approval under the City's Design Review process prior to submittal for building permits, G. Project Phasing If phasing is proposed within an individual map or through multiple final maps, the Developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map, The phasing pJan shall include: 1. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers and number of dwelling units in each phase, 2. A table showing the phase number, the lots included in the phase and the number of units included in each phase. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to conditionally approve each final map and require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may at their discretion, modify the sequence of improvement construction /¿ -/~ ----...-..- should conditions change to warrant such revision(s), H. Tentative Subdivision Map Conditions Prior to approval of the final map unless otherwise indicated, the Developer shall: GENERALlPRELIMINARY 1. Comply with any and all unfulfilled conditions of approval applicable to the Eastlake South Greens, Chula Vista Tract 88-03, Tentative Map established by Resolution No. 15200 approved by Council on July 18, 1989, and amended by resolution 17618 on August 16,1994. 2, Install public facilities in accordance with the Easdake South Greens, Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. STREETS. RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 3, Design and construct all street improvements in accordance with Chula Vista Design Standards, Chula Vista Street Standards, and the Chula Vista Subdivision Manual unless otherwise approved by the City Engineer, Submit for approval by the City Engineer improvement plans detailing horizontal and vertical alignment of said streets. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer and water utilities, drainage facilities, street lights, signs, cui de sacs, street knuckles and fire hydrants. 3.b. Construct the full street improvements for Olympic Parkway from Hunte Parkway to the westerly subdivision boundary or pay, if so requested by the City at its sole discretion, Developer's proportionate share of the cost of said roadway improvement. 3.c. Provide the City with security, in a form acceptable to the City, to guarantee the full street improvements for Olympic Parkway from Hunte Parkway to the Westerly subdivision boundary and South Greensview to Olympic Parkway, 3.d. Grant an irrevocable offer(s) of dedication for all right of way and temporary construction easements necessary to construct the Olympic /~ ~/J / ....---..- Parkway and Hunte Parkway segments. 3,e, Obtain, prior to approval of any final map, all off-site right-of-way necessary for the installation of the required improvements for this subdivision thereto, including the Olympic Parkway and Hunte Parkway segments. The Developer shall also provide easements for all on-site and off-site public right-of-way facilities, necessary to provide seIVice to the subject subdivision. 3.f, Notify the City at least 60 days prior to consideration of any final map by City, if off-site right-of-way cannot be obtained as required herein. After said notification and prior to approval of any final map, the Developer shall: 1. Pay the full cost of acquiring off-site right-of-way or easements required herein. 2. Deposit with the City the estimated cost of acquiring said right-of- way or easements, Said estimate to be approved by the City Engineer. 3, Have all easements and/or right-of-way documents and plats prepared, and appraisals completed which are necessary to commence condemnation proceedings as determined by the City Attorney, 4. Request that the City use its powers of Eminent Domain to acquire right-of-way easements or licenses needed for off-site improvements or work related to the final map. The Developer shall pay all costs, both direct and indirect, incurred in said acquisition. 4. Guarantee prior to approval of the Final Subdivision Map, all improvements interior to the subdivision (streets, sewer, drainage, utilities, etc.) deemed necessary to provide seIVÌCe to the subject subdivision in accordance with City standards. 5, Submit and obtain preliminary approval for proposed street names from the Director of Planning and the City Engineer, Final approval of street names shall be by the Planning Commission. No two intersections shall incorporate the same two street names, Dedicate to public use, the right of way for all streets shown on the Tentative map within the subdivision. 6. Existing street lights on South Greensview Drive shall be moved and placed at new locations to provide illumination at the two new intersections proposed. Final street light locations shall be approved by the City Engineer. /? -/'1 _, .._ .~_~_________._.__u__~__ 7, Construct five and one half foot (5 'h') sidewalks and construct pedestrian ramps on all walkways to meet or exceed the "Americans with Disabilities Act" standards, 8. Present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long tenn water storage facilities, 9. Submit and obtain approval of improvement plans for the following: a. Connect proposed stonn drain system to existing 30" R.C.P. stonn drain in South Greensview Drive. b. Provide a pair of connections to the existing stonn drain system in future Olympic Parkway. c, Remove existing sewer mains, manholes, laterals and related structures that are presently providing service to Eastlake South Greens Unit 23, Realign and connect proposed sewer system to existing sewer in South Greensview Drive. 10. All streets which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards, 11. All Cul-de-sacs shall have a minimum curb radius of 36'. 12. All sanitary sewer facilities required for development of any lot subject to Telegraph Canyon Sewer Pumped Flows DIF or Salt Creek Sewer Basin DIF shall be guaranteed prior to recordation of the Subdivision Final Map for said lot. GRADING AND DRAINAGE 13, Submit for approval by the City Engineer, a detailed grading plan in accordance with the Chula Vista Grading Ordinance 1797, as amended, 14. Submit letters of pennission to grade for all off-site grading including but not limited to letters of pennission from the San Diego County Water Authority and the Otay Water District for grading within their easements, 15, Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets, Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. 16. Stonn drain design shall be accomplished on the basis of the requirements of the Subdivision Manual and the Grading Ordinance ( #1797 as amended) /~ -/S '! 17. Provide improved access to all stonn drain clean outs or as approved by the City Engineer. 18. Submit to and obtain approvaJ from the City Engineer for an erosion and sedimentation control plan as part of grading plans, 19, Provide an updated soils report or an addendum to the original document prepared by a registered engineer, as required by the City Engineer. The geotechnical investigation shall address the proposed earthwork shown on the Tentative Map and Grading Plans and describe any changes in geotechnical references and statements. 20. Design the stonn drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 21. Lot lines shall be located at the top of slopes except as approved by the City Engineer. Lots shall be so graded as to drain to the street or an approved drainage system, Drainage shall not be pennitted to flow over slopes, 22, Grade a level, clear area at least two (2) feet wide, along the length of any wall abutting Olympic Parkway, as measured from face-of-wall to beginning of slope, said area as approved by the City Engineer and the Director of Parks and Recreation. 23. An grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otheIWise approved by the City Engineer and Planning Director. 24. Prior to approval of Final Subdivision Map, the Developer shall submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations, 25. The inclination of each cut or fill surface resulting in a slope shall not be steeper than 2:1 ( two horizontal to one vertical) except for minor slopes as herein defined, All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion, the underlying bedrock and soil /¿/a? ---------------.. supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property, and b, The installation of an approved special slope planting program and irrigation system, c, A "Minor Slope" is defined as a sJope four (4) feet or less in vertical dimension in either cut or fill, between single family lots and not parallel to any roadway, AGREEMENTS 26. Agree that the City may withhold building permits for the subject subdivision if anyone of the following occur: a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. c. The required public faciJities, as identified in the PFFP and condition # 3, Table 1 of Resolution 15200 or as amended or otherwise conditioned have not been completed or constructed to satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected, In such case, the PFFP may be amended as approved by the City Planning Director and Public Works Director. 27, Agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 28, Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 29, Agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision, Restrict access to the conduit to only those franchised cable television companies who are, /j,~/) --....-.-- and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 30. Agree not to protest the formation of an assessment district or a community facility district to finance the construction of the length of Olympic Parkway from 1-805 to Hunte Parkway, and agree to construct or participate in the financing of phased improvements for Olympic Parkway in accordance with the Feasibility and Financing Study for Olympic Parkway as adopted by the City. Notwithstanding the foregoing, such financial participation shall be a minimum equal to the full cost of improvements for Olympic Parkway from Hunte Parkway to the westerly subdivision boundary. 31. Fully comply with condition No, 3 of Resolution No. 15200 and the Supplemental Subdivision Improvement Agreement for Unit 12 approved by Resolution No, 18211. 32. Agree to provide, prior to issuance of building permits a noise study addressing noise impacts generated by existing and future major streets surrounding the project (South Greensview Drive and Olympic Parkway) and take the necessary measures to preclude interior noise levels over 45 dBA and all exterior private open space shield with solid masonry walls and or buildings to limit noise exposure to 65 dBA. 33. Agree to install fire hydrants at every 500 ft. or as required by the Fire Marshal and make them operable prior to delivery of combustible building materials. Exact location of fire hydrants shall be reviewed and approved by the Fire Marshall prior to installation. OPEN SPACE/ASSESSMENTS 34. Grant an Irrevocable Offer of Dedication (IOD), on the Final Map for Open Space Lots A, B, C, D and E within the subdivision. The minimum width of each open space shall be 5 'h' for the tree planting and maintenance easement behind the back of sidewalk. 35. Provide proof to the satisfaction of the City Engineer and Director of Planning that all improvements located on open space lots (Lots A-E) will be incorporated into and maintained by the Existing Eastlake Homeowners Association. 36, Pay additional fees on a proportional basis as determined by the City Engineer into the Assessment District Numbers 90-3, 91-1 and 94-1 or other applicable assessment districts due to changes to the number of units approved subsequent to district formation, /?/IY -- -~-_.._-_.--_._--~_._~- 37. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary. Submit an apportionment form and provide a deposit to the City estimated at $17,700,00 ( $25 per lot X 236 lots X 3 districts) to cover costs, 38. Submit all Special Tax and Assessment disclosure forms for the approval of the City Engineer. 39. Comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by Council Resolution 17483 as said terms and conditions may be applicable to this development. 40. Indicate on the grading plans that all walls which are to be maintained by an open space maintenance district are constructed entirely within the district property, 41. The Developer shall be responsible for street trees in accordance with Section 18.28,10 of the Chula Vista Municipal Code. The use of cones shall be included where necessary to reduce the impact of root systems disrupting adjacent sidewalks and rights-of-way. 42. Maintenance of all facilities and improvements within open space areas shall be described within the applicable CC&Rs, The CC&Rs shall be submitted for approval of the Engineering Department prior to approval of the associated final map, 43. Prior to the approval of any final map, the Developer shall provide the City with proof that the maintenance of all facilities and improvements within the open space area associated with such map shall be the responsibility of the applicable homeowners association, 44. All utilities which service open space shall be located within the open space. 45, For walls which are located within the open space maintenance district, owners of adjoining lots shall sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. These restrictions shall also be reflected in the CC&Rs for each lot. 46. Make payment to reduce the debt on the subject property as a result of lower density than assumed for the assessment district at the time of District formation. The amount of payment is determined by multiplying the difference between the actual and assumed number of units multiplied /i -/? ,~..._. by the estimated assessment (or principal outstanding) per unit. 47. Submit detailed irrigation plans and water management guidelines for all open space landscaping in accordance with the Chula Vista Landscape Manual. The plans are subject to approval by the Director of Planning and the Director of Parks and Recreation Department. EASEMENTS 48, Grant on the final map a minimum 20' wide easement to the City of Chula Vista for construction and maintenance of water and storm drain facilities within Lot 47. 49, Grant on the final map a minimum 10' wide easement to the City of Chula Vista for construction and maintenance of storm drain facilities within Lot 42. 50, Grant on the final map a minimum 20' wide easement to the City of Chula Vista for construction and maintenance of sewer and storm drain facilities within Lots 11 and 176. 51. Grant on the final map a minimum 20' wide easement to the City of Chula Vista for construction and maintenance of sewer and storm drain facilities within Lots 20, 21, 165 and 166. 52. Grant on the final map a minimum 20' wide easement to the City of Chula Vista for construction and maintenance of sewer and storm drain facilities within Lot 137. 53. Grant on the final map a minimum 10' wide easement to the City of Chula Vista for construction and maintenance of storm drain facilities within Lot 150. 54. Grant to the City a 5.5 foot wide street tree planting and maintenance easement along all public streets within the subdivision. Said easement shall extend from the property line and shall contain no slope steeper than 5:1 ( horizontal to vertical ratio). Easements along corner lots may have slopes of 2:1 ( horizontal to vertical ratio) as long as flat areas are provided for street tree planting, 55, Grant on the final map a minimum 20' wide easement to the City of Chula Vista for landscaping along future Olympic Parkway, Said easement shall extend from the property line and shall contain no slope steeper than 5:1 ( horizontal to vertical ratio ). Ii> ~C/ ___·._..~U.'.__'...'.·.___._ 56. Grant on the final map a minimum 10' wide easement to the City of Chula Vista for installation and maintenance of utilities along future Olympic Parkway and South Greensview Drive over Open Space Lots A,B,C,D and E. MISCELLANEOUS 57, The Declaration of Covenants, Conditions and Restrictions shall include provisions assuring maintenance of all open space areas, streets, driveways, drainage and sewage systems which are private. The City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. 58. Submit copies of Final Maps, improvement plans and grading plans in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide Computer Aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-114" HD or 3-112" disks. Submit as-built improvement and grading pJans in digital format. Provide security to guarantee the ultimate submittal of improvements and grading digital files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. 59. Tie the boundary of the subdivision to the California System - Zone VI (1983). 60. Design all Dwelling units to preclude interior noise levels over 45 dBA and all exterior private open space shield to limit noise exposure to 65 dBA. 61. Prior to approval of the final map and issuance of grading permits, provide a comprehensive fencing! retaining wall program incorporating the following fencing standards: a. Where privacy fences are installed directly over, or immediately adjacent to retaining walls, the overall waW fence height shall not exceed 8 ft. Where higher retaining wall/ fence conditions occurs, a four foot landscape transition strip between the wall and the fence shall be provided. b. Retaining walls along interior and exterior property lines shall not exceed 4 ft in height. c. Fences, retaining walls or a combination of both located within the required front setback area shall be limited to forty two inches in height (42"). /t?/c:2/ - - --_..~_._----_. --..-..------.---" d. Provide a design and install 5 ft. high decorative fences on along the exterior side yard of all corner lots, 62, Revise the subdivision design, as necessary, to comply with the following criteria: West Neighborhood Minimum lot dimensions 45' X 70 (average size 47' X 75') Lot area 3,150 sq. ft. (average 3,500 sq. ft.) Cul-de-sac/ knuckle lot frontage 35 ft. East Neighborhood Minimum lot dimensions 50' X 55' ( average lot size 53' X 59') Min Lot area 2,800 sq. ft. (average 3,200 sq. ft.) Cui-de sac/ knuckle lot frontage 35 ft. 63, Present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. CODE REOUIREMENTS: Code requirements to be included as Conditions of Approval: 64, Comply with all applicable sections of the Chula Vista Municipal Code and the policies. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 65. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 66. Pay all the applicable fees in accordance with the City Code and Council Policy, including but not limited to the following: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. SR-125 impact fee. e, Telegraph Canyon Pump Sewer Fee. £. Salt Creek Ranch Sewer Basin Fee, 67, The developer shall comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer shall be / ¿, ~ d.-;¿ ....-- .---..--- --' ----- -----.- --.'--'-' responsible for providing all required testing and documentation to demonstration said compliance as required by the City Engineer, VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter (Ä_ ~ ¡Ø1- John M. Kaheny Planning Director City Attorney /" ~;¿'3 - -- --'~'- ..-----... RESOLUTION NO. PCS-98-03 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE SOUTH GREENS UNIT 10, CHULA VISTA TRACT 98-03, WITHIN THE EASTLAKE GREENS PLANNED COMMUNITY AND PC ZONE DISTRICT WHEREAS, a duly verified application for a tentative subdivision map was filed with the Planning Department of the City of Chula Vista on November 5, 1997 by The Eastlake Company ("Developer"); and, WHEREAS, said application requests approval to subdivide 34.28 acres into 231 residential lots and 5 open space lots ("Project"); and, WHEREAS, the property is located on the south side of South Greensview Drive west of Hunte Parkway within the Eastlake Greens Planned Community and P-C Zone District; and, WHEREAS, the Environmental Review Coordinator has determined that the project implements and falls under the purview of FEIR-86-04 and that no further environmental review is necessary; and, WHEREAS, the Planning Director set the time and place for a hearing on the tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and it mailing to property owners and tenants within 500 feet of the exterior boundaries of the property at Jeast 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p,m" January 14, 1998 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Planning Commission has previously considered FEIR-86-04 (B) and, therefore, no further environmental action by the Commission is necessary. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby recommends that the City Council adopt the attached draft City Council Resolution approving the Tentative Subdivision Map for Chula Vista Tract 98-03 in accordance with the findings and subject to the conditions contained therein, BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. 7 - /~ "02 r -~-_.._~-- . ._._--_.~-,,_._. _...._..~------~-_....,------ PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th day of January, 1998, by the following vote, to-wit: AYES: NOES: ABSENT: Patty Davis, Chair ATTEST: Diana Vargas, Planning Commission Secretary (H:/home/planning/luis/PCS-9803,PCR) 7/,J~~~ . .._.....,--,----~---,-~--,,------ Planning Commission Minutes - 6- January 14, 1998 MSC (Willett/Ray) 6-0-1 (Commissioner O'Neill absent) that the Planning Commission approve Resolution PCS-98-02 recommending approval of the Tentative Subdivision Map Eastlake South Greens View Unit 16, Chula Vista Tract 98-02, in accordance with the findings and subject to the conditions contained in the draft City Council resolution. Motion carried. 4. . PUBLIC HEARING: PCS-98-03; Tentative Subdivision Map for the Eastlake Greens Parcel R-10, Chula Vista Tract 98-03, involving 231 single family and 5 open space lots on 34.28 acres located on the south side of South Greens view Drive west of Hunte Parkway - The Eastlake Company. Background: Luis Hernandez, Acting Senior Planner reported that the proposed tentative map consisls of subdividing 34.28 acres into two separale building pads, referred 10 as Ihe West and Easl neighborhoods, for a combined total of 231 single family and 5 open space lots, The West building pad elevation drops approximately 22 ft. from the westerly adjacent residential neighborhood and is about 17 ft. above the future Olympic Parkway located directly to the soulh, The Easl building pad elevation is approximately 8 ft, below the West building pad, 18-25 ft. above the easterly adjacent residential neighborhood and varies in height (8-30 ft.) above the future Olympic Parkway. On December 12, 1997 the Planning Commission considered a request 10 change Parcel R-10 presenlland use designation from a Residenlial Planned Concepllo Residenlial Condominium land use designalion, The change was primarily 10 allow the applicanl to develop criteria to accommodate Ihe small lot product. The Planning Commission endorsed Ihe request and recommended approval by the City Council. Approval of Ihis subdivision will be contingent upon approval of Ihe SPA amendment that is pending consideration by the City Council. Staff Recommendation: That the Planning Commission approve Resolulion PCS-98-03 recommending approval of the Tentative Subdivision Map, Eastlake South Greens View Unit 10, Chula Vista Tract 98-03, in accordance with Ihe findings and subject 10 Ihe condilions contained in the attached Draft Cily Council Resolulion, Commission Discussion: . Commissioner Willett stated thaI an area of concern Ihal GMOC addresses is the impact that new development has on surrounding schools, and asked what impact this project would have on the school in thaI area, Luis Hernandez, staled that staff received a letter from Ihe school district indicating there was sufficient capacity to accommodate new incoming students Ihal would be attending school as a result of this developmenl project. .~ /~ .--~~ - --,~- -- _._-~.,--_.._-_._--- Planning Commission Minutes -7- january 14, 1998 . Commissioner Aguilar asked if there has ever been a time when the school district has said they are filled to capaciIy and cannot accommodate any more students, Mr, Hernandez stated that the schools are planned allhe inception of a development project when the SPA Plan is being developed and staff works closely with the school districts, and if there is ever a case where an existing school does not have Ihe capaciIy 10 accommodate new sludents, staff will immediately refer the developer to negotiate wilh the school dislrict measure to be able to accommodate new students, Public Hearing Opened 8:15 No public input Public Hearing Closed 8:15 MSC (Aguilar/Willett) (6-0-1) that the Planning Commission approve Resolution PCS-98-03 recommending approval of the Tentative Subdivision Map, Eastlake South Greens View Unit 10, Chula Vista Tract 98-03, in accordance with the findings and subject to the conditions contained in the attached Draft City Council Resolution. Motion carried. 4, UPDATE ON COUNCil ITEMS - Ken Lee stated Ihal Council approved awarding Ihe conlract to Estrada Group on Ihe MTDB landscaping, and staff is exciled that Ihis long-awaited project along the CiIy's four-mile stretch of trolley line will finally be underway, - On january 20th, Council will be discussing their seven areas of improvement - Council will be holding the Otay Valley Workshop on january 22 and will be a joinl effort wilh the Planning Department and CommuniIy Development Department to review whal has happened in the Otay Valley area, from the water park, to the amphitheater and future plans for the Otay area, - There will be a Planning Commission workshop on Wednesday, january 21 at 6:00 and the topic of discussion will be the core plan for McMillin and their proposed revisions. - Mr, lee announced of Bob leiter's return as the CiIy of Chula Vista Planning Director and stated staff is very pleased and anticipating his return, DIRECTOR'S COMMENTS COMMISSIONER COMMENTS Commissioner Willett stated he has a printed copy of the web site on SR-125 and is making it available to Commission and staff for review if Ihey so desire, ~/t~? 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Q) ~~ '667~'7C\}r;~~ci>ci>ÚJÚJÚJÚJrñ Ü · ID·þ-NM..~ø~m~--________NNNNNNNNN :2 ;2 . ~ . ;¡ ~~§Iá:C::ci:C::C::C::::::=ri.:d:ri.:ri:ci:ri:ci:c:ci:C::ci:C:c:c:C:ti:C:C::ti:ri:: c¡: .:I:J o..c..tntnc..c..e..c..c..OOOOQOO a> ~_ 0 ·-:...z 1, c: A.Z 1, 'õ . eo ~ I I iIJ ~ 0 II ~ Il: :¡ ; ~ en en c:: Z - ~ :iM¡;;ll,~í1i¡¡ \ c:. w iÚ;¡;¡¡ìi&t¡¡¡IÎl \ ~ r/J b , ~ W 0 ..., 0 ¡:¡::: ¡:l., ,- ~ <i: " LIJ\I1 '" ok.!? <i: N ~~ .;, 1'.e '" ~Z U ð "- - SttI u"ð .;, ~~ ti;~ <: --_c_L'/-: ,~ I \~-- -- ~(!) "':" .... ~ ,-- 0 0 ,;, 0 0 0 UJ %/¿~~& "''I -- lliE (;1. ¡ OF CHULA VISTA DISCLOSURE S'L, CEMENT You are rcquircd to file a Statement of Disclosurc of certain ownership or financial interests, payments, or campaign contrihutions, on all mailers which will require discrctionary action on thc part of thc City QJUncil, Planning Commission, and all other official bodics, The following information must bc disclosed: I. List the names of aIL persons having a financial intercst in thc property which is thc subject of the application or the contract, e,g" owner, applicant, contractor, subcontractor, material supplier, Eastlake Development Company 2, If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership intcrcst in the partnership. 3, If any person' idcntificd pursuant to (I) abovc is non-profit organization or a trust, list the names of any person serving as director of thc non-profit organization or as trustee or bcneficiary or truSlor of the trust. - , 4. Have you had more than $250 worth of business transacted with any mcmber of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Ycs_ No-K.. If ycs, please indicate person(s): 5. Please identify each and every pcrson, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter, Boswell Properties The Tulaqo Company 6, Have you and/or your officers or agcnts, in the aggrcgatc, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes_ Nol If yes, slate which Councilmember(s): ~/f? · . . (NOTE: Attach additional pa~ Date: ure of contractor/applicant william T. Ostrem ~ /-?---;?,ß Print or type name of contractor/applicant . E!!:E!!! is defincd at: "Auy iJl(li~·iduQl. /inn, co-partllcrship, jailu vcwrc, association, social club, frolmwl orgalliuJliotl, corporation, ~IQlt:, lI'1Lrt, mtivcr, syndicate, Ihis and auy otha COUIU'y, ciry alld COUlllry, city municipality, district, or aUla political subdi~'isiOl" Of QII)' other group or combillation Qeû"g tu Q WIiL .. ..-....-. ~ . . -..-- -,--_._._---~---------------~---~ cost estimate f/HAc::..hlYl...... t "e" Estimate of Costs Exhibit 1 22-Jan-9B Estimated Costs Preliminary Confirmed CONSTRUCTION COSTS (See appendix"'::' for Construction Cost D_etails) Roadway $7,772,422 S8V\Ier I Water I Reclaimed Water $745,890 Dry utilities, (Must be less than 5% of Total Bond Issue) $430,363 - Traffk Signals $120,000 Subtotal Construction Costs $9,068,675 CONSTRUCTION INCIDENTALS Design Engineering (2.5%) 5226,717 Soils Engineering (12% of Grading) 5206,001 Landscape Architedure (5%) 5188,954 Survey and staking (1.5% of Imp & Grading) $ 136,030 ". utility Engineering & Coordination (30/.) 512,911 PermitslFeeslBonds (5%) $453,434 Construc:tion Adm, (1%) S90,5S7 Construction Supervision (,75%) S5B,015 . construction Contingencies (10%) S908,S68 Total Construction Costs: 511,356,293 INCIDENTAL EXPENSES AppraisaL Servicl!$ $20,000 Assessment Engineering $27,000 Acquisition Services S45,OOO Special Counsel $43,750 City Administration -. $40,000 Financial Advisor 535,000 Printing, A:lvertising, Notices, etc, 52,500 Lncidental Contingencies $15,000 - Totsllncidental Expenses: 522S,25D BOND COSTS Undarwrits;'s Discount 2,00% $276,000 Bond Resarve 10.00% 51,376,000 Funded Interest @ 12 months S. 00% $1,102,000 Bond Registrar and Paying Agent 510,000 Bond and Official Statement Printing $6,000 Total Bond Costs: $2,772,000 Total Costs: , $14,356,543 DEVELOPER CONTRIBUTIONS (5S7S,136) (See Page 8) TOTAL AMOUNT TO ASSESSMENT: 513,778,405 ,. Spread bill,xlw;cost estimate Page 1 1/22/98 :3 XADIE-JENSEN, JOHNSON , BODNAR I MUNICIPAL FINANCING CONSULT)'!NTS;, j.NC. corpora~e Office: I 7801 Hission Center Court,Suite 229 San Diego~ ,Calj,~ornJ.4 92108 '" """,-,." 1 FAX 619/296-3783 . . ,~" " 1I-ff4C-f41 M r Ð January 16, 1998 Hpnorable Mayor and City dmncil . . , I 276 Fourth Ave. Chula Vista, CA 91910 , I Iœ: . Feasibility of Assessment Disttict 97-2 (Otay Ranch - ~illage One) Dear Mayor and CoUllcil Mefnben: I Village One of the Otay Ranch is the first subdivision being processed for the develbpmcnt oithe Ranch propeny. An assessq¡.ent disttict is proposed to be formed in order to PfVidC for the :futa.ncing of certain public improvements. I . , I City policy provides two cri~ for feasibility: Value to Lien Ratio and Maximum ~grégate lax. , . t Ai special assessment constitu~es a lien against the propeny in the Disttict, Tbis is 0 the case of the Mello-Roos Disttict which is being formed over the same property to provide·tigation for schools. City policy states tÍtat '!his combined lien must not exCeed 33.33% of the WIpe of the property being a,""'sS"d, hen¿e the requirement of a 3; I value to lien ¡atio. !. ; I The City policy also provides[that the combination of regular County taxes, Melli>- Rbos taxes, and aSsessment installments shaUl not exceed 2% of the "salt: price" of the house at tibb of escrow closing. County and existingispedal district taxes provide a base of approximately S1'.10, leaving S.~ availal:ile for payments of assessments, Mello-Roos special tax~s' ànd any "i""-~- """'"'" """"'""'" whh <he p""","" Pmjod. . j ! . . : . TJ:¡is analysis 'is based on a preliminary appnûsa1, the Developer's projected home pricès, and a preliminary estimate of the fee: for open space maintenance. Adverse changes s: th~ Project dcrvc:lops could result in a failure to meet the City criteria.. I : I I I I ; I , ; ¡ , Çbarter Meaher: Hatioual Association of Iudependent Pub1ic Pinance visors I I tf , ¡ I .. i I , I n 1 0"," ... = """ ... ..,¡~ to li= ...., oriœri. ¡, not mct prim'" ... _1 Jr """'" or þther major 'land enhanœm~ts. City policy p~vi?es a solu~on to this problem tV a11?w!n~ a temporary defeasance of a portion of the debt. 11ns IS accomplished by the Develo p~oV]d1Ì1g "seburity enhancements", in the fonn of cash or letters of credit or other type of secu . ty aþproved by !the City, in· order to maintain the value to lien ratio within the City criteria. . For exaTj:¡ple: i ! Value of Jánd $20,000 . Combined lien prior to improvements $10,000 ,. 1 . ¡ Value to lien rano . 2: 1 ': . If t~e Developer provides an UI1coJi¡ditionalletter of credit in the amount of $3,333, th ·ef~ec:tive" debt would be $6,667 and the value to lien ratio 3:1. When construction takesplar:e d aßequa~ vall1e is added,the letter of credit is released. However, if the propeny taxes on th~io~ are not:paid,"1he letter of credit is Cashed and the debt on thepropcrty is pemianently r Uced: Tlùs haHhe result of keeping propc:ity taxes more current than might otherwise be the case ~d ~ctua11y improves the credit worthiness of the bond as eomparedto an issue where the lien t:ÌD 'criteria we¡Je met with value alone. . . I . In ~e case of a property not meeting the lien ratio criteria after development has ta1aIn Pqce, the developer is rcc¡uired to make a cash payment sufficient to lower the debt and satisfy ¡the criteria_ If tlje annual aggregate taxes 011 a parcel of residentially developed prqxmy exceals trie;29f, of tlie assessed value of the property, !theiDcve1oper is required to reduce the assessment in t::h ¡llnount as Will satisfy this criteria_ .: ..' . " . , . I . : . In sUmmary, the Developer is allowed to satisfy the City'sfeasibilityaiteria prior to l::ons1!ruction by providing a 'letter of credit {or; other type of acceptable security enhancement) wtich þas tlie effei::t of reducing the lien on a temporary basis_ After construction occurs, cash p ymfints are rcq~ired to make up for any short fall in meeting either thé lien ratio or the maXimum tax ¢itaia. ~ purpose of this report is to ánticipate where problems exist or may exist and , pro~de for ad~uate solutions prior to the issdance of assessment district bonds. . ! , I I I i i 2 ! I I , ,- I ~ _ n_.._.______..____ _n _ I I , , I I LIEN RATIO CONCLUSIONS I I : : , , ' Based on current informatiqr¡, the lien ratios applicable to the assessment distric~ are ¡shown on tIe L As shown on the T:abl~, lien ratio is satisfied for all but the commercial p~operty, which I' req""'" Jetttt of -. of,~y 125,000 pc.- "" '" ..... """""'k · If any ~f. the ~sumptions o~ ~ T~le ch~g.e, additionalletrers ~f credit may be ~u~. On tIf poslt1ve SIde, recent sa1~ pf RI-RS Indicate a value approxtmately'lOr.; g tel: than the PFe1iminary appraisal. Ç>n th~ ~ssible negative side, property planned for future ~elop\1¡ent may not be adequately discounted to reflect future investment or the value of time delay_ As earlier mentioned, any adverse occJrrehce wouid be cured by letters of credit or other m thocjs of debt rbluction prior to the issuanèe df bonds. ' í I, , . ~ TAX CO~CLUSIONS i The maximum annual tax oyer an assumed County and Special District base tax of! 51. 10 is ~jectaf on Table 2. Projœtions indicate that the City policy of¡¡, maximùni 2% aggI'fgatetax willbe et ' , :,', m . , , I - i ' oh the positive side, increas~ it. estimated land value suggest a possible correspondin~ increase ~ home vaJu~ and a resultint ddcrease in the percentage tax rate. :The sclu:>ol Mel o'-Roos tax is estimate, but is believed to be reasonable. This rate will be fixed prior to assbsmbnt bond . I" , .' Issuance. , I , ~ the negative side, even a ~ght increase in the property taxes outlined iil the last c:olumn of the ,Ie could result in ag~gaf.e taxes_ exceeding the 2% maximum: If sùch were to ~cur, .tIll: Developer wopJd be required ¡to :rrovlde cash to buy down the assessment to an am Ul1t sufficænt to!maintain the maximum tax, : . . . ¡ . . I I CONCLUSIONS AS TO FEASIBILITY I· , , . , , . . I ~ , . It is our conclusion that the P~oject is financially feasible and will be able to me:et al CitJf aitcria willi a oùnimum of credit enhancement. . . . ¡ I , ' . , I -J" I I I , i , I I 3 " , , I i I I I I I ! I 6 i TOTRL P.04 TABLE 1 ASSESTMENT DISTlCT 97-2 LIEN RATIO TYPE EST UNITS APP LIEN AS'T VALUE RATIO R1 6,675 86 95,000 14.23 R2 6,675 81 75,000 11.24 R3 6,675 75 70,000 10.49 R4 6,675 94 90,000 13.48 R5 6,675 72 80,000 11.99 R20 4,116 180 30,000 7.29 R8 6,675 61 65,000 9,74 R7B 6,675 57 85,000 12.73 R6 4,116 81 54,000 13.12 R21 4,116 168 25,000 6.07 R7A 6,675 76 60,000 8.99 R9 6,675 72 55,000 8,24 R10 6,675 120 51,000 7.64 R12 5,907 64 35,000 5.93 R13 5,907 76 25,000 4.23 R14 4,670 109 25,000 5.35 non adr 12 61 26,000 non adr 13 16 35,000 R15 3,636 215 25,000 6.88 R16 3,636 260 14,000 3.85 R17 3,636 200 14,000 3.85 R18 3,636 230 14,000 3.85 R19 3,636 204 14,000 3.85 c1 117,000 275,000 2.35 c1b 117,000 275,000 2.35 c2 117,000 275,000 2.35 c2b 117,000 275,000 2.35 c2c 117,000 275,000 2.35 cpf1 39,000 225,000 5.77 cpf1b 39,000 225,000 5,77 cpf2 39,000 225,000 5.77 cpf3 39,000 225,000 5.77 rJ - -- ,,-~. ----_...._---~.,,-- ---~ -- . 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N _.J t;: CDCDIOI.l)C\I..- CDIDN..- ~"'''' cttUl ~ID_Ul "": ~-~ ~ ¡!:UJ i6 Ñ"':"':C\ÏÑ"': "":ÑÑ"': T""'-N-Ñ ..-..,......-..........,.... -~- ~ (/)~ 0 00 (/) !Z~ ~"'8!v"'o COm(£),.... <"'0 N(IJ"õtN(')1O "'....., '" "-..QN..QO"-..QN,s2 UJO a:a: a:a:N a:......a:N ....a::~ .......-.................... èièièi ~ O.....ONN'ã.......ã..a... "'~~ a:: a:: a:: a:: a:: a:a:a:..........a: a:: o oOoc..oo W 'U'U u .... W(/) ~ CC .JWZ gg mwUJ <(/)_ I-'«.J f' II e " A-rrfl -=.1-1 /7 Eµ" AMENDED ACQUISITION/FINANCING AGREEMENT THIS AMENDED AGREEMENT is made and entered into this _ day of 1998, by and between the CITY OF CHULA VISTA, a charter city duly organized and validly existing under the Constitution and laws of the State of Califomia, (hereinafter referred to as "City"), and OT A Y PROJECT, LLC, a Califomia limited liability company, as successor to VILLAGE DEVELOPMENT LLC (hereinafter referred to as "Developer"). WHEREAS, the Developer has petitioned the City to consider the formation of a special assessment district under the terms and conditions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of Califomia (the "1913 Act"), for the acquisition of certain public improvements, together with appurtenances and appurtenant work within the jurisdictional limits of said City, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 97-2 (OTAY RANCH, VILLAGE ONE) (hereinafter referred to as the "Assessment District"); and, WHEREAS, Developer, in order to proceed in a timely way with its development, desires to construct certain public works of improvement that are to be owned, operated and maintained by the City (the "City Improvements"), by the Otay Water District (the "OWD Improvements" and "OWD" respectively) and by various public utilities (the "Utility Improvements" and "Utility Companies" respectively) and that are proposed to be included with the works of improvement for the Assessment District, namely, the improvements as set forth and described in the attached, referenced and incorporated Exhibit "A" (collectively, the "Improvements"); and, WHEREAS, the City and Developer are in agreement that the Improvements may be acquired by the City through the Assessment District financing at prices determined pursuant to the provisions of this Agreement; and, WHEREAS, the Developer intends to construct the Improvements in three (3) phases as shown on Exhibit "8" hereto and Developer has requested that the Improvements be acquired by the City in phases; provided, however, Developer has requested the opportunity to subsequently negotiate an amendment to this Agreement to provide for the acquisition by the City of Improvements in discrete components to be defined by such amendment; and WHEREAS, the City is willing to provide for such future negotiations contingent upon the closing of escrow or escrows for the sale of the property within the Assessment District identified as R-1, R-2, R-3, R-4 and R-5 on Tentative Map No. 96-04 to one or more merchant builders and the closing of the restructuring of the Developer's debt on the property within the Assessment District and the remainder of the Otay Ranch; and WHEREAS, it is the intent of this Agreement that Developer shall, upon the formation of the Assessment District, the confirmation of assessments and the sale of bonds for the Assessment District, be entitled pursuant to the provisions of this Agreement to be paid for the Improvements which are integral and a part of the Assessment District, at the prices as determined by the City pursuant to this Agreement; and, WHEREAS, the City is willing to acquire the Impr~vements from said Developer subject to the requirements of the 1913 Act, Article XIIID of the Constitution of the State of Califomia ("Article XIIID") and the applicable policies of the City including Council Policy Number 505-02 and the Assessment Guidelines for the City of Chula Vista printed March 21, 1995 (the "Assessment Guidelines), and 7 1 - -- -- - ~_. -.--..... _.__.__.._..~...._..._-_.__..- · Developer is desirous that the City purchase said Improvements, and at this time any of said Improvements currently existing are owned by Developer; WHEREAS, the City and Developer intend that this Amended Acquisition/Financing Agreement shall supercede and replace any existing agreement between the parties or their predecessors pertaining to the matters included herein. NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows: SECTION 1. Recitals. That the above recitals are all true and correct. , SECTION 2. Plans and Specifications. All plans, specifications and bid documents for the Improvements shall be prepared by the Developer at the Developer's initial expense, subject to City, OWD and/or the Utility Companies approval, as the case may be (the "Plans and Specifications"). The costs of acquisition of such Improvements shall include costs for said plans, specifications, bid documents and all related documentation; provided, however, such costs shall be subject to the limitations and requirements of the Assessment Guidelines. Developer shall not award bids for construction, commence construction or cause commencement of construction of any Improvements until the Plans and Specifications for such improvements have been approved by the City, OWD and/or the Utility Companies, as the case may be. SECTION 3. OWD Agreement and Utility Agreements. Developer, OWD and the Utility Companies have entered, or intend to enter, into agreements pertaining to the design, bidding, bonding, construction, inspection and acceptance of the OWD Improvements (the OWD Agreement") and the Utility Improvements (collectively, the "Utility Agreements"). City and Developer agree that to the extent that the OWD Agreement and the Utility Agreements do not conflict with the requirements of the 1913 Act pertaining to the acquisition and financing of the OWD Improvements and Utility Improvements, the OWD Agreement and the Utility Agreements shall establish the terms and conditions governing the preparation of Plans and Specifications for and the inspection and construction of the OWD Improvements and Utility improvements, but that this Agreement shall control the Purchase Price to be paid for any such OWD Improvements and Utility Improvements. A condition subsequent to this Agreement but precedent to the payment of the Purchase Price for the applicable Improvements shall be the execution by OWD, the Utility Companies, Developer and City of agreements pursuant to Streets and Highways Code Section 10110 satisfactory to the parties thereto related to the OWD Improvements and the Utility Improvements. SECTION 4. Construction of Improvements. Developer covenants and agrees that all Improvements shall be constructed by, or under the direction of, Developer and shall be constructed (a) in substantial compliance with the approved Plans and Specifications (as defined herein) for such Improvements (b) in a good and workmanlike manner by well-trained adequately supervised workers, (c) in strict compliance with all governmental and quasi-govemmental rules, regulations, laws, building codes and all requirements of Developer's insurers and lenders, (d) free of any design flaws and defects and (e) in compliance with the requirements of Section 10010 of the Califomia Streets and Highways Code, which statute requires that any of the Improvements to be acquired by the City which are 2 f /0 I completed after adoption of the resolution of intention for the acquisition of such Improvements must be constructed as if such Improvement had been constructed under the direction and supervision, or under the authority, of City. After approval of the Plans and Specifications for the Improvements pursuant to Section 2, Developer shall solicit at least three (3) bids, or, as to Improvements subject to (e) in the preceding paragraph, shall publicly advertise for bids for such Improvements and shall provide City with a list of all bids received for the contract. Subject to City's prior written approval, which approval shall not to be unreasonably withheld or delayed, Developer shall award the contracts for such Improvements to the lowest responsible bidder. City, in its sole but reasonable discretion stating the reasons therefore, may require Developer to reject all bids and require the work for such Improvements to be rebid. In order to include the cost of any change order as an eligible cost for purposes of determining the Purchase Price for an Improvement pursuant to Section 8 of this Agreement, Developer shall obtain the written approval of City prior to execution of the work, which approval shall not be unreasonably withheld or delayed. SECTION 5. Inspection and Acceptance of the Improvements. The construction activities relating to the Improvements shall be subject at all reasonable times to inspection by authorized representatives of City, the Utility Companies or OWD, as appropriate. Once an entire Improvement to be acquired by City is completed in accordance with the approved Plans and Specifications for such Improvement (including any change orders reasonably approved by City, the Utility Companies or OWD, as appropriate), then such Improvement shall be eligible for acceptance by the City for purposes of paying the Purchase Price (as defined in Section 8 below) for such Improvement. Prior to acceptance of any Improvement by City for purposes of paying the Purchase Price, the Developer shall provide to City (i) as-built drawings or other similar plans and specifications for such Improvement in a form reasonable acceptable to City, OWD or the Utility Companies, as applicable, (ii) a certificate of Developer, supplemented by information reasonably satisfactory to City, that any Improvements subject to the provisions of (e) of the first paragraph of Section 4 to be acquired have been constructed as if they had been constructed under the direction and supervision, or under the authority of City, and (iii) a certificate of Developer stating that no mechanics liens or other encumbrances have attached, or to the best knowledge of Developer, after due inquiry, will attach to the Improvements to be acquired. SECTION 6. Warranty of Improvements. The Developer shall be obligated for a period of twelve (12) months after the date City accepts an Improvement to repair or replace any defects or failures resulting from the work of Developer, its contractors or agents. Upon the expiration of such twelve (12) month period, Developer shall assign to City, OWD or Utility Companies, as applicable, its rights in and to any warranties, guarantees or other evidence of contingent obligations of third persons with respect to such Improvement. At the time City accepts an Improvement, Developer shall post a maintenance bond in a form reasonably approved by the City, cause a maintenance bond to be posted, or assign Developer's rights under such a bond naming City, OWD or Utility Companies, as applicable, as beneficiary in an amount equal to fifteen percent (15%) of the construction 3 If ^---'~ _._----_.---_.-.~-~._--_. · costs of the Improvement in order to secure Developer's obligations pursuant to this Section. SECTION 7. Notice of Completion and Lien Releases. Developer shall notify the City Engineer of the City (the "City Engineer") in writing upon completion of each of the Improvements to be acquired hereunder. Developer shall prepare and execute a Notice of Completion for such Improvement or portion thereof in the form prescribed by Section 3093 of the , Califomia Civil Code and shall record such notice in the official Records of the County. Developer shall cause its contractors to provide unconditional lien releases for such Improvements or portion thereof in accordance with Section 3262 of the Civil Code. Notwithstanding the foregoing, City may waive the requirement for a Notice of Completion and lien releases if City determines that as of the date of payment of the Purchase Price for an Improvement, title to such Improvement or portion thereof satisfies the requirements for Acceptable Title (as hereinafter defined). SECTION 8. Payment of Purchase Price. The Developer may request in writing payment of the Purchase Price (as hereinafter defined) for an Improvement; provided that all Improvements within the phase of Improvements as shown on Exhibit "S" in which such Improvement is included have been completed and are ready for acceptance pursuant to Section 5. herein. Upon satisfaction of the conditions to acceptance of an Improvement for purposes of paying the Purchase Price as set forth herein, City shall determine and pay the Purchase Price for such Improvement in accordance with this Section 8. (a) Amount of Purchase Price. The amount to be paid by City for the Improvements or any portion thereof to be acquired from Developer (the "Purchase Price") as to each such Improvement shall (i) be determined by City in accordance with the provisions of this Section 8, (ii) equal the lesser of the cost or the value thereof, (iii) include the reasonable cost or value of eligible appurtenant public facilities, (iv) include the costs of the title insurance policy described in Section 10 (a), and (v) include all other costs of construction reasonably determined by City to be eligible under the 1913 Act as a part of the cost of the Improvements, such as fees and costs incurred in obtaining permits and licenses, the costs of change orders, and engineering and inspection fees, and the costs of such other items as are specifically referred to on Exhibit "C" hereto; provided, however, in no event shall the cost or value of the Improvements be deemed to exceed the contract prices set forth in the contracts and change orders approved by City and; provided, further, that such Purchase Price is subject to adjustment pursuant to the following paragraph if necessary to ensure that the assessments levied within the Assessment District comply with the requirements of Article XIIID. Prior to completion of all of the Improvements, City shall only be required to pay the lesser of the Purchase Price for an Improvement or the amount budgeted for such Improvement as described in Exhibit "C". Upon completion of all of the Improvements, any unpaid portion of the Purchase Price for each Improvement shall be paid out of Surplus Proceeds in accordance with subsection (d) below. Developer acknowledges that (i) the provisions of Article XIIID provide that (A) no assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel, (S) only special benefits are assessable and (C) publicly owned parcels which receive a special benefit are to be assessed and (ii) as material consideration for the City to enter into this Agreement, 4 /2- the City has required that the Developer make a contribution towards the Assessment District by agreeing to reduce the Purchase Price for any Improvement by such amount as the Assessment Engineer to the City may apportion as general benefit derived from such Improvement or as special benefit received by any publicly owned parcels or parcels designated on Tentative Map No. 96-04 for public ownership or use from such Improvement. Consequently, notwithstanding any other provision of this Agreement to the contrary, the Purchase Price for any Improvement may not exceed the aggregate amount of the assessments reflecting special benefit conferred by such Improvement upon privately owned parcels not designated on Tentative Map No. 96- 04 for public ownership or use within the Assessment District as detennined by the Assessment Engineer to the City and as confinned by the City Council less any amount of such assessments allocated to costs not included in the definition of Purchase Price in the preceding paragraph, e,g., costs of issuance, assessment engineering, etc. (b) Documentation. Any payment request submitted by Developer shall be proper1y executed and shall include all supporting documents referred to in the payment request and Section 5 above, including evidence acceptable to the City Attomey of the City (the "City Attomey") that the Developer's contractors have provided unconditional lien releases for the Improvement or portion thereof to be acquired. Improvements constructed on land, if any, to be conveyed to OWD or Utility Companies shall not be fonnally accepted until the land has been so conveyed. If land is to be conveyed to OWD or Utility Companies, Developer shall provide the City Engineer with evidence that the land has been accepted by OWD or Utility companies, as applicable. (c) Review of Pavment Reauest. The City Engineer shall review each payment request. If the City Engineer finds that any such payment request is incomplete, improper or otherwise not suitable for approval, the City Engineer shall infonn Developer in writing within twenty (20) working days after receipt thereof, the reasons for his finding. Developer shall have the right to respond to this finding by submitting further documentation and/or to resubmit the payment request within thirty (30) days after receipt of the denial. . A resubmittal shall be deemed a new payment request for purposes of this Section. The City Engineer shall review any resubmitted payment request and infonn Developer of his approval or denial of it in accordance with this Section within ten (10) working days after receipt of the resubmission. Costs incurred under a construction contract entered pursuant to the requirements of this Agreement and pursuant to change orders approved by City shall be deemed to be reasonable. The City Engineer shall, after the sale of Bonds (defined in Section 19 below) pursuant to Section 19 and the receipt of the proceeds of such Bonds which are intended to be used to acquire the Improvements and after his or her approval of a payment request; immediately forward a request to the Finance Director of the City notifying the Finance Director of his or her approval of the payment request and requesting that such payment be made to the appropriate payee. The Finance Director shall process any such request of the City Engineer pursuant to the applicable procedures of the Finance Department and shall make or authorize such payment pursuant to such procedures. (d) Surplus Proceeds. Upon completion of construction of all Improvements, the payment of the Purchase Price for all Improvements up to the amount budgeted for each such Improvement in Exhibit "C" and the detennination by the City that there are excess 5 13 proceeds of the Bonds available for the payment of the Purchase Price for any Improvements ("Surplus Proceeds"), the City shall pay to Developer that portion of the Surplus Proceeds equal to the amount, if any, of the positive difference between the amount budgeted for the Improvement as set forth in Exhibit "B". and the Purchase Price paid pursuant to Section 8(a); provided, however, that Developer has documented any applicable cost overruns related to the construction of the Improvements corresponding to such amount to City's reasonable satisfaction. (e) Pavment, The Purchase Price for each Improvement shall be paid to Developer within thirty (30) days after the date of the City Engineer's approval of the payment request, but not earlier than thirty-five (35) days after the recording of a Notice of Completion for the improvement. The Purchase Price shall be distributed pursuant to written instructions by all persons having an interest in the property as of the date of this Agreement. For purposes of this Section 8, "persons having an interest in the property" shall consist of the Developer and any mortgagee or beneficiary of any mortgage or deed of trust, as applicable, securing any loan the proceeds or any portion of which were used to finance the construction of the Improvements or any portion thereof. No cash distribution shall be made until all parties have executed the appropriate written instructions. Notwithstanding the foregoing, the Purchase Price or any Surplus Proceeds shall not be due and payable to the Developer except to the extent of available funds solely from the proceeds of the sale of Bonds as provided in Section 19 hereof, after all costs of formation of the Assessment District and all costs of issuance of such Bonds have been paid and deposits of accrued and capitalized interest to the redemption fund and the initial deposit to the reserve fund have been made. Beyond the amount of such available proceeds, the City shall have no obligation to pay for the Improvements contemplated hereby. Developer requests the opportunity and City agrees to provide Developer with the opportunity to negotiate an amendment to this Agreement to provide for the acquisition of Improvements in "discrete components" rather than upon completion of all Improvements within the phases as shown in Exhibit B hereto. The definition of such discrete components and the identification of such discrete components shall be subject to such negotiations. The amendment of this Agreement to provide for the acquisition of Improvements in such discrete components shall be conditional upon (a) the close of escrow or escrows conveying title to the property within the Assessment District identified as R-1, R-2, R-3, R-4 and R-5 on Tentative Map No. 96-04 to a merchant builder or merchant builders, (b) the close of the restructuring of the current indebtedness on the property within the Assessment District and the remainder of the Otay Ranch, and (c) such other matters as the parties may agree. The City agreement to any such amendment shall not be unreasonably withheld. SECTION 9. Audit. The authorized representatives of City shall have the right, upon two (2) days prior written notice to Developer and during normal business hours, to review all books and records of Developer pertaining to costs and expenses incurred by Developer in construction of the Improvements. SECTION 10. Ownership and Transfer of Improvements. The conveyance of the Improvements by Developer to City shall be in accordance with the following procedures: 6 Ii( (a) Imorovements Constructed on Land not Owned bv City, OWD or Utility Comoanies. As a condition to the payment of any portion of the Purchase Price, Developer shall cause an irrevocable offer of dedication to be made to City, OWD or Utility Companies or an outright grant of a fee interest or easement interest as appropriate, in the sole discretion of the City, OWD or the Utility Companies, as appropriate, of the appropriate right, title and interest in and to the portion of such property related to such Improvement, including any temporary construction or access easements. Dedication to the City of street right-of-way complying with the provisions of this Section 10(a) shall satisfy the foregoing condition as to any OWD Improvements or Utility Improvements to be located within such right-of-way dedication. Developer, whether or not it is the entity constructing the Improvements, agrees to execute and deliver to the appropriate entity the documents required to complete the transfer of Acceptable Title to such portion of the Property. For purposes of this Agreement, the term "Acceptable TiUe" shall mean tiUe to the portion of the property to be conveyed free and clear of all taxes, liens, encumbrances, assessments, easements, leases, whether any such item is recorded or unrecorded, except those nonmonetary encumbrances and easements which are reasonably determined by the appropriate entity not to interfere with the intended use of the portion of the property. As a further condition to the payment of the Purchase Price for any City Improvement, Developer at its sole cost and expense, subject to reimbursement pursuant to Section 8. shall cause to be issued a policy of title insurance for such portion of the property in an amount not to exceed the Purchase Price and in the form normally required by City in connection with the dedication of land for subdivision improvements and containing such title endorsements as may be reasonably requested by City. City's final acceptance of the portion of the property and the City Improvements constructed thereon shall not be unreasonably withheld or delayed. (b) Imorovements Constructed on Land Owned bv City, OWD or the Utility Comoanies. If Developer is authorized to construct an Improvement on land owned in fee by City, OWD or the Utility Companies, as appropriate, or on land over which such applicable entity owns an easement Developer shall obtain the necessary encroachment permits to enter such land for purposes of constructing such Improvement. City shalì cooperate with Developer in issuing such encroachment permits. Improvements shall be inspected by City on an ongoing basis. SECTION 11, Grading and Subdivision Improvement Bonds. Prior to the sale of the Bonds or any portion thereof, Developer shall be required to post bonds or other security acceptable to the City to guarantee completion of the Improvements. The amount of the security shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City; 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. Bonds for specific Improvements shall not be required or may be released if: (1) such Improvements constitute a portion of the required subdivision improvements, (2) Bond proceeds to construct or acquire such Improvements are available prior to recordation of the final subdivision or parcel map, and (3) the Improvements are to be constructed 7 - (s ~-------- -.--- - entirely with the proceeds of the Bonds. In addition, any security to guaranty the construction of East Palomar Street submitted in compliance with and to satisfy condition of approval No. 109 of Tentative Map No. 96-04 shall be counted towards meeting the bonding requirements of this Section 11. Provided that conditions (1) and (2) are satisfied, if an Improvement is to be constructed or acquired only in part with the proceeds of the Bonds, subdivision improvement bonds or secu rity bonds shall not be required for that portion of the Improvements to be so constructed or acquired except with respect to the portion that will not be acquired or constructed with Bond proceeds. City will cooperate with Developer in the termination or exoneration of any subdivision improvement bonds or security bonds assuring completion of Improvements for which bonds have been sold. SECTION 12. Indemnification by Developer. Developer shall defend, indemnify and hold harmless City, its officers, directors, employees and agents, from and against any and all claims, losses, liabilities, damages, including court costs and reasonable attomeys, fees by reason of, or resulting from, or arising out of the design, engineering and construction of the improvements; provided that any claims which relate to the Improvements shall be limited to those arising out of personal injury or property damage caused by actions or omissions by Developer or Developer's employees, agents, independent contractors or representatives which occurred during the period prior to the transfer of title to the Improvements by City, whether or not a claim is filed prior to the date of acceptance of the Improvements. Nothing in this Section 12 shall limit in any manner City's rights against any of the architects, engineers, contractors or other consultants employed by the Developer which has performed work in connection with construction or financing of the Improvements. Except as set forth in this Section 12, no provision of this Agreement shall in any way limit the extent of the responsibility of Developer for payment of damages resulting from the operations of the Developer, its agents, employees or contractors. SECTION 13. Obligation of City. The City has no legal or financial obligation to construct or finance the actual construction of the Improvements. All costs incurred for actual construction of the Improvements, including all incidentals thereto, shall be bome by Developer. The City's obligations are limited to the acquisition of the Improvements pursuant to the provisions of this Agreement. SECTION 14. Failure by Developer to Construct Improvements. At any time that the construction of the Improvements is not progressing within a reasonable time or the Developer fails to demonstrate a continuing ability to complete the construction of the Improvements, the City may give written notice of such failure of performance to the Developer. Developer shall have sixty (60) days from the date of receipt of such notice to cure such failure of performance by demonstrating to the satisfaction of the City during such cure period reasonable progress in the construction of the Improvements and a continuing ability to complete the construction of the Improvements. Should Developer fail to satisfactorily demonstrate such reasonable progress or such continuing ability, this contract may be terminated by the City by providing ten (10) days written notice to the Developer. Upon termination, the City may in its sole discretion then proceed to advertise and bid the balance of the Improvements, and there will be no further obligation for payment due pursuant to this Agreement. 8 (~ In the event that the City chooses not to advertise and bid the balance of the Improvements following such a termination, any monies remaining in the improvement fund for the Assessment District and not appropriated or subject to appropriation for eligible expenses of the Assessment District previously incurred shall be transferred to the redemption fund for the Assessment District and used to call outstanding Bonds and/or to give a cash refund to property owners who have previously prepaid their assessment obligation. SECTION 15. Agreement Contingent. As a precondition to the obligations of the City hereunder and at the time the City Council shall, after public hearing and tabulation of the assessment ballots submitted pursuant to Article XIII D of the Constitution of the State of Califomia, confirm the Engineer's Report on the cost of Improvements and proposed spread of assessments, Developer shall pay ("Origination Payment") in cash to City an origination charge of 1.0%, or such other percentage as may be established by the City Council and be in effect at the time of such public hearing, of the Engineer's estimate of the total costs of the acquisition of the Improvements, all incidental costs, costs of issuance of the Bonds and any other financing charges as estimated in the Engineer's Report confirmed by the City Council. Said Origination Payment shall be at Developer's own expense and not recoverable from the proceeds of the assessment or from the proceeds from the sale of the Bonds. In the event that the Bonds are, for any reason, not sold, the amount of the Origination Payment shall be retumed to the Developer, less any costs to the City; provided, however, the amount of the origination Payment shall not otherwise be adjusted by differences between the actual and estimated costs of the Improvements and financing charges. This Agreement is contingent upon the confirmation of assessments and successful sale of Bonds, and it shall be null and void if said Bonds are not sold within a three (3) year period following the date of this Agreement, or any mutually agreed extension; however, this time can be extended by request of the Developer and concurrence of the legislative body. The City may, at its option, suspend the performance of its obligations under this Agreement if, during the 3D-day statute of limitations period following the formation of the Assessment District, any legal challenge is filed relating to the validity or enforceability of this Agreement, the Assessment District proceedings or the issuance of the Bonds. The obligations of the City hereunder shall be reinstated upon the entry of a final judgment in any such proceedings upholding the validity and enforceability of the Agreement, the Assessment District proceedings and the issuance of the Bonds. In the event that a final judgment is entered invalidating or declaring unenforceable this Agreement, the Assessment District proceedings or the issuance of the Bonds, the City may, at its option, terminate this Agreement. SECTION 16. Notice of Assessment. Developer, or the successor or assigns of the Developer, shall provide written notice to all potential purchasers of lots in a form satisfactory to City so advising the potential owner of the fact of the proposed or confirmed Assessment District, with said document being executed by the potential purchaser. Such notice shall be provided to the potential purchaser a reasonable time before the potential purchaser becomes contractually committed to purchase the lot so that the potential purchaser may knowingly consider the impact of the assessment in the decision to purchase the lot. A copy of all such notices executed by actual purchasers shall be sent to the City Engineer. 9 /7 --..- SECTION 17. Limitation of Aggregate Taxes and Assessments. Developer shall include in any future agreement to sell all or any portion of the property to any person or entity (a "Builder") for the purpose of constructing and marketing owner-occupied residential dwelling units (a "Builder/Developer Agreement") provisions requiring the inclusion of the following "escrow instructions" in all sales by such Builder to residential home owners: 1. At or prior to the closes of each such escrow, the Escrow Company shall apply a "calculation fonnula" previously approved by the City Engineer of the City and deposited with the Escrow Company by the Builder to detennine the aggregate of all annual ad valorem property taxes, all special taxes and all assessment installments (the "Total Annual Taxes and Assessments" applicable to the parcel subject to such escrow (the "Applicable Parcel"). 2. If the Total Annual Taxes and Assessments exceeds 2% of the sales price of the Applicable Parcel, the Escrow Company will make immediate written demand upon the Developer for deposit into the escrow of the funds necessary to prepay the assessment for the Assessment District so that the Total Annual taxes and Assessments will thereafter be equal to or less than 2% of the sales price of the Applicable Parcel. Such funds must be received by the Escrow Company prior to the close of escrow of the sale of the Applicable Parcel. Upon closing of such escrow the amount so deposited by the Developer pursuant to this escrow instruction shall be sent by the Escrow Company to the Finance Director of the City, together with written instructions, that such amount is to be used to partially prepay the assessment of the Applicable Parcel for the Assessment District. In addition to any other remedy provided for by law or in equity, the City may enforce the provisions of this Section 17 by an action for specific perfonnance or injunctive relief or both. SECTION 18. Relationship to Public Works. This Agreement is for the construction and acquisition of certain Improvements by City and the sale of the Bonds for the payment of construction and acquisition costs for such Improvements and such other amounts as are herein provided, and is not intended to be a public works contract. In performing its obligations under this Agreement, Developer is an independent contractor and not the agent of City. City shall have no responsibility for payment to any contractor or supplier of Developer. Notwithstanding the foregoing, Developer may be subject to certain public contract requirements as provided in Section 10010 of the Califomia Streets and Highways Code and Section 4 of this Agreement. SECTION 19. Sale of Bonds. If and when the Assessment District is successfully formed, acquisition of the Improvements ordered and assessments confirmed, the City shall proceed with the issuance and sale of improvement bonds to represent unpaid assessments within the Assessment District (the "Bonds") to be issued pursuant to the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California. The proceeds of the Bonds shall be used in the following priority to (i) fund a reserve fund for the payment of principal and interest with respect to the Bonds; (ii) fund capitalized interest on the Bonds in an amount not to exceed the amount provided for in the Final Engineer's Report for the Assessment District; (iii) pay for costs of issuance of the Bonds including, without limitation, underwriter's 10 16 .' discount, bond counsel fees, printing, and paying agent fees; (iv) pay for the costs of fonning the Assessment District; and (v) the acquisition of the Improvements pursuant to the provisions of this Agreement. The timing of the issuance and sale of the Bonds, the tenns and conditions upon which the Bonds shall be issued and sold, the method of sale of the Bonds and the pricing of the Bonds shall be determined solely by the City and shall confonn to all applicable policies of the City. The sale of the Bonds shall be subject to receipt by the City of a public bid or bond purchase agreement which is acceptable to the City. Notwithstanding the foregoing, the aggregate principal amount of the Bonds shall not exceed one-third (1/3) of the value of the property within the Assessment District subject to assessment as detennined by an independent appraisal undertaken for the City utilizing the appraisal assumptions approved by the City. City may, in its sole discretion, approve an altemate fonn of security or securities to offset a deficiency in the required value-to-lien ratio. Developer agrees to provide all infonnation regarding the development of the property within the Assessment District, including the financing plan for such development, which the City and/or the initial purchaser of the Bonds or its counsel deems necessary to ensure that the official statement for such Bonds complies with the requirements of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") and all other applicable federal and state securities laws. Additionally, Developer agrees to enter into a continuing disclosure agreement to provide such continuing disclosure pertaining to the Assessment District, the development thereof and the Developer as the initial purchaser of the Bonds or its counsel deems necessary to ensure ongoing compliance with the continuing disclosure requirements of the Rule. SECTION 20. Conflict with Other Agreements. Nothing contained herein shall be constructed as releasing Developer from any condition of development or requirement imposed by any other agreement with City. In the event of a conflicting provision, such other agreement shall prevail unless such conflicting provision is specifically waived or modified in writing by City. SECTION 21. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval, discretion or acceptance of any party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. SECTION 22. Entire Agreement; Amendment. This Agreement and the agreements expressly referred to herein contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understandings, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waiver, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. 11 /-1 ' ' t t _ ____._~.u_.,____·____·_·_·· ..__, SECTION 23. Notices, Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: Developer. Otay Project, LLC 11975 EI Camino Real, #104 sañ Diego, CA 92150 Attn: Kent Aden City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Manager Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party. SECTION 24. Severability. If any provision of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. SECTION 25. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Developer may not assign its rights or obligations hereunder except upon written notice to City within ten (10) days of the date of such assignment indicating the name and address of the assignee. Upon such notice and the assumption by the assignee of the rights, duties and obligations of the Developer arising under or from this Agreement, Developer shall be released by City from all future duties or obligations rising under or from this Agreement. Notwithstanding the preceding sentence, Developer may assign its rights and obligations hereunder as security to lenders for the purpose of obtaining loans to finance development within the Assessment District, but no such assignment shall release Developer from its obligations hereunder to City. SECTION 26. Governing Law. This Agreement and any dispute arising hereunder shall be govemed by and interpreted in accordance with the laws of the State of Califomia, Additionally, this Agreement and the construction of the Improvements shall be subject to all City ordinances and regulations relating to the requirement of improvement agreements, land division, improvement security or other applicable development requirements. SECTION 27. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by any other party, or the failure by a party to exercise its rights under the default of any other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by any other party with the terms of this Agreement thereafter. SECTION 28. Singular and Plural; Gender. As used herein, the singular of any work includes the plural, and terms in the masculine gender shall include the feminine. 12 ,....., ,. /() ~- ¥ SECTION 29. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. SECTION 30. Construction of Agreement. This Agreement has been reviewed by legal counsel for both the City and the Developer and shall be deemed for all purposes to have been jointly drafted by the City and the Developer. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a whole and in accordance with its fair meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder. The captions of the sections and subsections of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. SECTION 31. No Obligation to Form Assessment District. Developer acknowledges that the decision of the City Council of the City to form the Assessment District is a legislative action and the City may not enter into an agreement to obligate the City Council to exercise its legislative discretion in a particular manner or for a particular result. This Agreement does not, therefore, in any way create a contractual, legal or equitable obligation of or commitment by the City to approve the formation of the Assessment District. [End of page. Next page is signature page.] 12 ;Ii -- - -- - - -- ---- .__._--.-~-~.-_..-~._..-._- "---------- , Signature Page to Amended Acquisition/Financing Agreement by and between the City of Chula Vista and Village Development LLC EXECUTED by and between the parties hereto on the day and year first hereinabove written. IICITY" CITY OF CHULA VISTA MAYOR CITY OF CHULA VISTA STATE OF CALIFORNIA ATTEST: APPROVED AS TO FORM: CITY CLERK JOHN KAHENY, CITY ATTORNEY CITY OF CHULA VISTA CITY OF CHULA VISTA STATE OF CALIFORNIA STATE OF CALIFORNIA OTAY PROJECT, LLC, a Califomia limited liability company, By:OTAY RANCH DEVELOPMENT, LLC, a Delaware limited liability company, managing member By: Title: Executive Vice President"DEVELOPER" 13 d-..;Z EXHIBIT A Description of Work Assessment DisIrict 97-2 The general description of work to be funded by Assessment DisIrict 97-2 consists of the following: I. Street improvements consisting of grading, base, paving, curb, gutter, sidewalk, street lightning, landscaping, potable water facilities, storm drain facilities, sewer facilities, reclaimed water facilities, elecIric facilities, telephone facilities, and gas facilities as appropriate by applicable state and federal statutes within the following rights-of-way: PHASE 1 A) Paseo Ranchero Segment "A" - from Telegraph Canyon Road to East Palomar, B) East Palomar Street Segment "A" - north haJf from Paseo Ranchero to P-I / R-21, C) Monarche Drive Segment "A" - from west terminus to Santa Ynez (some utiJities to West Paseo. PHASE 2 D) East Palomar Segment "B" - south half from Paseo Ranchero to P-l / R-21. E) Monarche Drive Segment "B" - from Santa Ynez to east terminus. PHASE 3 F) East Palomar Street Segment "c" - north half width improvements from P-I / R-21 to east boundary. G) East Palomar Street Segment "D" - south half from P-I / R-21 to east property line. 2. DIF funded street improvements consisting of grading, storm drain, base, paving, curb, gutter, sidewalk, medians, sreetlighting, landscaping, and street monumentation within the following rights-of-way: A) Paseo Ranchero Segment "A" - from Telegraph Canyon Road to East Palomar. c:\RDy\DI:IaiptionorWork 2.3 .---------~~_.__..._'""- t:,¡,I~" ~r - - _ O\:l3H~N~\:I 03S~d ,r-"'--- /- --- / ......-/ '1 (, ~ I t"i r \ ~ ~ \ I \ I. Ea I - ( .., , ø , = I ~ . , , """ CD ~ c: ~ ~ ~ ,. < :ø ¡¡; ''Pó ~ '-=, :IE \ ~ , , , ~ . ¡!.. : s~ ~ " ,, ~ ~ _!OS .Dca> en n ¡¡:mN -- n J! ~il . G> U f ~~ ~ ¡¡~ ~ !:If !1R .. K' <0: ~ ff f! Hi d~ , " >;1. "i >2 >- Ù !~ í~i ¡; ~[ ~i I~~ g¡ i ¡ ~ .. ~ ~t ~ z~ sl ¡i~ ~J if ~l¡ _~ i S [ ~~ s ~f Ii .~z ! s - I.. ~ is! ...- q:: ~ c~l ='" 0,-1 g~ :::~ , .. ¡¡~. s' . i r \ j i , - 21 - Assessment District 1/13/98 Cost Summary CONSTRUCTION COSTS Roadway 7,635,745 Sewer I Water I Reclaimed Water 745,890 Dry Utilities 1,364,108 Traffic Signal 120,000 Sub Total Const Costs 9,865,743 Consultant & Soft Cost Design Engineering 2.5% 246,644 Soils Engineering 12,0% of grading cost 206,001 Landscape Architecture 5.0% of landscape & irrigation cost 186,954 Surveying & Staking 1,5% 147,986 Utility Engineering 3.0% of dry utility cost 40,923 PermitslFeeslBonds 5_0% 493,287 Construction Adm. 1.0% 98,657 Construction Supervision 0.75% 73,993 Construction Contingencies 10.0% 986,574 Sub Total Consultant & Soft Cost 2,481,021 Total Construction Costs 12,346.764 Title & Summary.xls /" ........-- .-. '. ~ ,- --- ___ - ____. u"_"____.____________ Assessment District 1/13/98 Cost Estimate Detail Total GRADING & SITE PREPARATION...""......".."_.....,......................""...,,. 1,716,677 STORM DRAINAGE...."........""....."...., ",.",.. .., ,..... .., ,.. ... ......"."......"...... 601,706 ROADWAY IMPROVEMENTS..""..."....................... _..... _.. ,.,...... .._......... 1,578,273 LANDSCAPE & SPECIAL CONSTRUCTION"""......"........... ........"........." 3,739,089 Total Roadway Improvements 7,635,745 SANITARY SEWERS.."........",.,..,......"...,......". ......"..........."..,.""........" 73,960 WATER DiSTRIBUTION......... '..... "...".. "'''' .., ."... ..."........"".."".........." 396,350 RECLAIMED WATER"....""......"_...,,,,_.., ." ...........,.._ ..,.., ."."......"...."". 275,580 Total Sewer I Water I Reclaimed Water 745,890 DRY UTlLmES.......................................................................................... 1,364,108 TRAFFIC SIGNALS........................................................................ 120,000 TOTAL 9,865,743 TItle & Summary.xls ?(;¿ Assessment District 1/13/98 Cost Estimate Detail Paseo East East East East Monarche Monarche Ranchero Palomar" A" Palomar "B" Palomar "C" Palomar "D" Drive lOA" Drive "B" GRADING ...._......................,........, 1,210,476 279,846 7,082 164,618 8,750 7,670 38,235 STORM DRAINAGE.....................""" 200,222 162,202 23,000 115,120 12,000 35,090 54,072 ROADWAY IMPROVEMENTS"......."" 345,658 263,221 227,201 320,961 276,911 33,131 111,190 LANDSCAPE ...".".........................." 1,375,823 722,215 509,343 565,640 459,168 24,000 82,900 Total Roadway Improvements 3,132,179 1,427,484 766,626 1,166,339 756,829 99,891 286,397 SANITARY SEWERS............"... ...... 58,260 15,700 WATER DISTRIBUTION_.............,.., 130,950 121,900 128,550 14,950 - RECLAIMED WATER...."........"........ 68,600 84,700 81,350 21 ,450 19,480 Sewer I Water I Reclaimed Water 257,810 206,600 - 225,600 " 36,400 19,480 'Y UTIlmeS.................................... 274,479 472,459 16,668 448,739 20,224 27,185 104,354 TRAFFIC SiGNAlS........................ 120,000 3,784,468 2,106,543 783,294 1,840,678 777,053 163,476 410,231 Title & Summary.xls ,-/7 . -,.._------_.._._._~--- Cost Estimate EXHIBIT C 1/13/98 Paseo Ranchero Segment "A" PROJECT Paseo Ranchero AREA: Villape 1 PHASE: Sepment "A" TOTAL IMPROVEMENTS .....,..._........,... ..,..,... .....,... ..,...... ,........... ............ ..........._. 3,784,468 NOTE: Paseo Ranchero From Telegraph Canyon Rd, To East Palomar. This estimate is for four lane construction .- Paseo Ranchero.xls Page 1 2? Cost Estimate EXHIBIT C 1/13/98 Paseo Ranchero Segment "A" GRADING & SITE PREPARATION............"..""............,.". 1,210,476 SANITARY SEWERS..............."........,................., .............. 58,260 STORM DRAINAGE.............................,... ..,......... ",...... ....... 200,222 WATER DiSTRIBUTION....................,.., ...........,................ 130,950 REClAIMED WATER DiSTRIBUTION.................................... 68,600 ROADWAY IMPROVEMENTS................... ...... ...." ... .."..... 465,658 UTlUTIES..................................._........._...........,..,.."....... ...., 274,479 LANDSCAPE & SPECIAL CONSTRUCTION_............."......... 1,375,823 TOTAL: 3,784,468 Paseo Ranchero,xls Page 2 2-1 Cost Estimate EXHIBIT C 1/13198 Paseo Ranchero Segment "A" GRADING AND SITE PREPARATION Site Preoaration Clear And Grub 19.0 AC 300 5,700 Mobilization (29% of Mass Ex.) 29% LS 130,000 37,700 Unclassified Exc;¡vation f21 Mass Excavation 796,706 CY 0_91 725,002 Deduct for Compaction 796,706 CY (0.25) (199,177) AJluviumfTop Soil R&R 15,600 CY 0.77 12,012 Buttress & Slone stabilizatinn [1J Stabilization Fill 310,000 CY 1.05 325,500 Back Drain Panels 140,150 SF 0.70 98,105 Back Drain Pipe 4" 5,100 LF 10,00 51,000 OutJet'Pipe 6" 1,500 LF 6,00 9,000 Rnish 635,640 SF 0.070 44,495 Canyon Subdrain 8" 800 LF 16.00 12,800 Construction Water 1,122,306 CY 0.060 67,338 Water Meter (29%) : 29% LS 15,000 4,350 Brow Ditch 1,850 LF 9.00 16,650 TOTAL GRADING AND SITE PREPARATION.............................................. 1,210,476 [1] Buttress & Slope Stabilization quantities are for westerly slope only [2] Unclassified Excavation quantities are from easterly ROW to westerly slope along Paseo Ranchero The total grading quantity from slope to slope is 1,101,050 CY The to!:,,1 grading quantity from ROW to ROW is 469,079 CY SANITARY SEWERS MAIN L INF~ 8"PVC 2,070 LF 18.00 37,260 APPURTENANCES Manholes 8 EA 2,000 16,000 Remove And Replace Pavement 400 SF 10 4,000 Traffic Control 1 LS 1,000 1,000 , TOTAL SANITARY SEWERS......................................................................... 58,260 Paseo Ranchero.xls Page 3 30 .Cost Estimate EXHIBIT C 1/13/98 Paseo Ranchero Segment "A" ~ STORM DRAINAGE [1] eJE£ 18" RCP 271 LF 30 8,130 24" RCP 207 LF 36 7,452 42" RCP 1,243 LF 80 99,440 54" RCP 562 LF 100 56,200 INLETS OUTLETS Clean Out (Type A-4) 6 EA 2,500 15,000 Curb Inlet (Type B-1) 4 EA 3,000 12,000 Type "F" Catch Basin 1 EA 2,000 2,000 TOTAL STORM .DRAINAGE....................................................................... 200,222 [1J Stonn Drain required if AD Roads were constructed and no other development was planned Paseo Ranchero,xls Page 4 3/ -"----------_._-------..~_.__....-._--- Cost Estimate EXHIBIT C 1/13/98 Paseo Ranchero Segment "A" WATER DISTRIBUTION eœE . 12" Class 150 130 LF 25 3,250 16" Class 150 2,100 LF 45 94,500 VAL VES 12" 4 EA 1,300 5,200 16" 4 EA 2,500 10,000 APPURTENANCES Fire Hydrant 2 EA 2,000 4,000 Air And Vacuum Release Valve 1" 3 EA 1,000 3,000 Air And Vacuum Release Valve 2" 2 EA 1,000 2,000 Tie Into Existing 1 EA 3.000 3,000 Remove And Replace Pavement 500 SF 10 5.000 Traffic Control 1 LS 1,000 1,000 TOTAl:. WA TER DISTRIBUTlON..................................................................... 130,950 RECLAIMED WATER DISTRIBUTION eœE 8" Class 150 100 LF 19 1,900 10" Class 150 2,000 . LF 22 44.000 VALVES 8" 2 EA 1,050 2,100 10· 2 EA 2,100 4,200 WATER MFTER LATERAL S 2" 4 EA 1,450 5,800 APPURTENANCES Air And Vacuum Release Valve 2" 2 EA 1,800 3,600 Tie Into Existing 1 LS 2,000 2,000 Remove And Replace Pavement 500 SF 10 5.000 TOTAL RECLAIMED WATER DiSTRIBUTION.............................................. 68,600 Paseo Ranchero.xls Page 5 ~7 'J J ¡?./ .Cost Estimate EXHIBIT C 1/13/98 Paseo Ranchero Segment "A" ~ ROADWAY IMPROVEMENTS CURB AND GUTTER 6" Curb And Gutter 3,740 LF 4.65 17,391 6" Curb Only 3,740 LF 4.10 15,334 Sub Grade Prep 7,980 SF 0,10 798 R & R Curb and Gutter on T.C.R. 500 LF 10.00 5,000 SUB TOTAL CURB & GUTTER 38,523 FLA TWORK Sidewalk 25,480 SF 1.18 30,066 Pedestrian Ramp 6 EA 75 450 Sub Grade Prep 27,480 SF 0.10 2,748 R & R Sidewalk on T.C.R. 2,000 SF 5,00 10,000 SUB TOTAL SIDEWALK 43,264 PA VEMENT AND PARKWA YS 4" AC 114" AS (4 lanes only) 143,250 SF 1.50 214,875 Pavement on T.C.R.( Rttum lane) 5,200 SF 1.50 7,800 Sub Grade Prep. +/- .5 148,450 SF 0.08 11,876 OTHER STRFFT IMPROVEMENTS Street Name Signs 2 EA 220 440 Other Signs 12 EA 220 2,640 Traffic Signal (no signal head or ann) 1 EA 80,000 80,000 Traffic Signal Modification 1 EA 40,000 40,000 Traffic Signal Interconnect 2,000 LF 10.50 21,000 Survey Monuments 8 EA 315 2,520 Barricade 100 LF 20 2,000 Striping 2,400 LF 0,30 720 SUB TOTAL PAVEMENT AND PARKWAYS 383,871 TOTAL ROADWAY IMPROVEMENTS................................................................ 465,658 Paseo Ranchero.xls Page 6 33 M_._.__.o ~__...._ _"H_O'__" Cost Estimate EXHIBIT C 1/13198 Paseo Ranchero Segment "A" UNDERGROUND UTILITIES TRENCHING Joint Trench 2,100 LF 60 126,000 Trench Only 600 LF 5.00 3,000 SUB TOTAL TRENCHING 129,000 STREET LIGHTS Pole And Double Luminaria 6 EA 2,278 13,668 SUB TOTAL STREET LIGHT 13,668 UTILl7Y FEES SDG&E line extention fee 1 LS 131,811 131,811 SUB TOTAL UTILITY FEES 131,811 TOTAL UNDERGROUND UTILITY................................................................. 274,479 LANDSCAPE AND SPECIAL CONSTRUCTION LANDSCAPE Slope Lafldscape (Westerly Slope only) 510,775 SF 1.50 766,163 Parkway Landscape 56,280 SF 3.50 196,980 Median Landscape 8,680 SF 3_50 30,380 Median Hardscape 16,120 SF 7,50 120,900 Repair Median Landscape on T,C.R. 1 LS 5,000 5,000 Entry / Tree Grove 1 LS 125,000 125,000 ParKway Trees (3 every 30 LF) 219 EA 600 131,400 SUB TOTAL LANDSCAPE 1,375,823 TOTAL LANDSCAPE AND SPECIAL CONSTRUCTION.................................... 1,375,823 Paseo Ranchero.xls Page 7 31 < Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "A" PROJECT East Palomar AREA: Village 1 PHASE: Sepment "A" TOTAL IMPROVEMENTS ,.................,..... ..".. ....., ,..... ....."........,........... ."... "'mm.. 2,106,543 NOTE: East Palomar Street North Half From Paseo Ranchero To P-1/ R-21 Palomar Segment Axis Page 1 36 ._,_.._-,-,.~..,-,.- Cost Estimate EXHIBIT C 1/13198 East Palomar Street Segment "A" GRADING & SITE PREPARATION..."."............................. 279,846 STORM DRAINAGE"."..".""...."...............,.................. ..."" 162,202 WATER DiSTRIBUTION""..... ."...". .........."............ ....""" 121,900 RECLAIMED WATER DiSTRIBUTION.....""..""......"".. ........, 84,700 ROADWAY IMPROVEMENTS.."".".."".............". ".......", 263,221 UTlLlTIES...""......"."."."...._""....."."."....." _ _.......,.._...", ..... 472,459 LAND$CAPE & SPECIAL CONSTRUCTION""..."."............. 722,215 TOTAL: 2,106,543 Palomar Segment Axis Page 2 2~ '-'" ~ , Cost. Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "A" GRADING AND SITE PREPARATION Sffe PreDaration Clear And Grub 12.5 AC 300 3,750 Mobilization (8% of Mass Ex) 8% LS 130,000 10,400 Unclassified Excavation Mass Excavation 177,068 CY 0,91 161,132 AlluviumITop Soil R&R 55,000 CY 0.77 42,350 Finish 432,720 SF 0,070 30,290 Canyon Subdrain 6" 1,200 LF 14.00 16,800 ConstrUction Water 232,068 CY 0,060 13,924 Water Meter (8% of Mass Ex,) 8% LS 15,000 1,200 TOTAL GRADING AND SITE PREPARATION........................................... 279,846 STORM DRAINAGE [1] ElEE. 18" RCP 569 LF 30 17,070 24" RCP 772 LF 36 27,792 30" RCP 1,045 LF 44 45,980 36" RCP 179 LF 60 10,740 42" RCP 114 LF 80 9,120 INLETS OUTLETS Clean Out (Type A-4) 11 EA 2,500 27,500 Curb Inlet (Type B-1) 8 EA 3,000 24,000 TOTAL STORM DRAINAGE........................................................................ 162,202 [1] Storm Drain required if AD Roads were constructed and no other development was planned Palomar Segment Axis Page 3 31 ---.---." ___.. __ _ _·___.u___~m_________ Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "A" WATER DISTRIBUTION E/EE . 10" Class 150 300 LF 21 6,300 12" Class 150 3,050 LF 25 76,250 VALVES 10" 7 EA 1,050 7,350 12" 10 EA 1,300 13,000 APPURTENANCES Fire Hydrant 5 EA 2,000 10,000 Air And Vacuum Release Valve 1" 5 EA 1,000 5,000 Air And Vacuum Release Valve 2" 4 EA 1,000 4,000 TOTAL WATER DiSTRIBUTION..................................................................... 121,900 RECLAIMED WATER DISTRIBUTION E/EE 6" Class 150 400 LF 17 6,800 8" Class 150 3,050 LF 19 57,950 VALVES 6" 6 EA 600 3,600 8" 8 EA 1,050 8,400 APPURTENANCES Air And Vacuum Release Valve 2" 2 EA 1,800 3,600 2" Irrigation Service 3 EA 1,450 4,350 TOTAL RECLAIMED WATER DiSTRIBUTION.............................................. 84,700 Palomar Segment Axis Page 4 ..¿;- --. .)'- ...--',:- ·CostEstimate EXHIBIT C 1/13/98 East Palomar Street Segment "A" ROADWAY IMPROVEMENTS CURB AND GUTTER 6" Curb And Gutter 2,950 LF 4,65 13,718 6" Curb Only 2,950 LF 4,10 12,095 Sub Grade Prep 5,900 SF 0.10 590 SUB TOTAL CURB & GUTTER 26,403 FLA TWORK Sidewalk 29,500 SF 1.18 34,810 Pedestrian Ramp 10 EA 75 750 Sub Grade Prep 29,500 SF 0.10 2,950 SUB TOTAL SIDEWALK 38,510 PA VEMENT AND PARKWA YS 4" AC /14" AB 101,170 SF 1,50 151,755 Sub G'rade Prep, +/-.5 101,170 SF 0.08 8,094 OTHER STREET IMPROVEMENTS Street Name Signs 2 EA 220 . 440 Other Signs 5 EA 220 1,100 Traffic Signal Interconnect 3,000 LF 1Ö.50 31,500 Survey Monuments 8 EA 315 2,520 Barricade 100 LF 20 2,000 Striping 3,000 LF 0.30 900 SUBTOTALPAVEMENTANDPAR~AYS 198,309 TOTAL ROADWA Y IMPROVEMENTS............................................................... 263,221 Palomar S~gment A.xls Page 5 -- ,- .' ,"'-., ~;'> ...r¡ --.......-..-- Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "A" UNDERGROUND UTILITIES TRENCHING Joint Trench 3,720 LF 60 223,200 Trench Only 600 LF 5.00 3,000 SUB TOTAL TRENCHING 226,200 STREFT LIGHTS Pole And Double Luminaria 6 EA 2,278 13,668 SUB TOTAL STREET LIGHT 13,668 UTILITY FEES SDG&E Line Extention Fee 1 LS 232,591 232,591 SUB TOTAL UTILITY FEES 232,591 TOTAL UNDERGROUND UTILITY................................................................. 472,459 LANDSCAPE AND SPECIAL CONSTRUCTION LANDSCAPE Slope Landscape 85,000 SF 1,50 127,500 Parkway Landscape ( within ROW) 37,000 SF 3.50 129,500 Parkway Landscape ( in public open space lot) 23,500 SF 1,14 26,790 1/2 Transit area Landscape 63,675 SF 1.00 63,675 Entry I Tree Grove 1 LS 125,000 125,000 Palm Trees (3 every 40 LF) 222 EA 525 116,550 Parkway Trees (3 every 40 LF) 222 EA 600 133,200 SUB TOTAL LANDSCAPE 722,215 TOTAL LANDSCAPE AND SPECIAL CONSTRUCTION..................................................... 722,215 Palomar Segment Axis Page 6 . / ...~, j.J.V .Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "S" PROJECT East Palomar AREA: Villape 1 PHASE: Sepment "B" TOTAL IMPROVEMENTS ..... _.. ......... ,......._ ...........,......... ,.,..,... ___ ... ........... ........."" 783,294 NOTE: East Palomar Street South Half From Paseo Ranchero To P-1/ R-21 Palomar Segment B.xls Page 1 , , i/ / -' -.--., ' ~, Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "B" GRADING & SITE PREPARATION............"...........",,,....... 7,082 STORM DRAINAGE...............................".""_......"..,,...... .... 23,000 ROADWAY IMPROVEMENTS................."", ..:... _.."."....." 227,201 UTILlTIES.............................._............................,......".... ..... 16,668 LANDSCAPE & SPECIAL CONSTRUCTION...................".... 509,343 TOTAL: 783,294 PalDmar Segment B,xls Page 2 ! / .1'7 .1/- . ,Cost EstJmate EXHIBIT C 1/13/98 East Palomar Street Segment "B" GRADING AND SITE PREPARATION Finish 101,170 SF 0.07 7,082 TOTAL GRADING AND SITE PREPARATION........................................... 7,082 STORM DRAINAGE eJEE 18" RCP 200 LF 3D 6,000 INLETS OUTLETS Curb Inlet (Type B-1) 5 EA 3,000 15,000 Headwall 1 EA 2,000 2,000 TOTAL STORM DRAINAGE........................................................................ 23,000 Palomar Segment B.xls Page 3 /1 '/- , /, ,) -r_" .._..~._- . -~--- Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "B" ROADWAY IMPROVEMENTS CURB AND GUTTER 6" Curb And Gutter 2,950 LF 4.65 13,718 6" Curb Only 2,950 LF 4.10 12,095 Sub Grade Prep 5,900 SF 0,10 590 SUB TOTAL CURB & GUTTER 26,403 FLA TWORK Sidewalk 29,500 SF 1.18 34,810 Pedestrian Ramp 10 EA 75 750 Sub Grade Prep 29,500 SF 0.10 2,950 SUB TOTAL SIDEWALK 38,510 PA VEMENT AND PARKWA YS 4" AC /14" AB 101,170 SF 1.50 151,755 Sub Grade Prep, +/- .5 101,170 SF 0.08 8,094 OTHER STREET IMPROVEMENTS Street Name Signs 2 EA 220 440 Other Signs 5 EA 220 1,100 Striping 3,000 LF 0,30 900 SUBTOTAL PAVEMENT AND PARKWAYS 162,289 TOTAL ROADWA Y IMPROVEMENTS............................................................... 227,201 Palomar Segment B.xls Page 4 II !/ .....- . . · Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "B" UNDERGROUND UTILITIES TRENCHING Trench Only 600 LF 5.00 3,000 SUB TOTAL TRENCHING 3,000 STREET LIGHTS Pole And Double Luminaria 6 EA 2,278 13,668 SUB TOTAL STREET LIGHT 13,668 TOTAL UNDERGROUND UTILITY................................................................. 16,668 LANDSCAPE AND SPECIAL CONSTRUCTION LANDSCAPE Slope Landscape 85,000 SF 1.50 127,500 Parkway Landscape ( within ROW) 37,000 SF 3_50 129,500 1/2 Transit area Landscape 63,675 SF 1.00 63,675 2" rrrigation Meter Fee 1 LS 22,168 22,168 Palm Trees (2 every 40 LF) 148 EA 525 77 .700 Parkway Trees (2 every 40 LF) 148 EA 600 88,800 SUB TOTAL LANDSCAPE 509,343 TOTAL LANDSCAPE AND SPECIAL CONSTRUCTION.................................... 509,343 Palomar Segment B.xls Page 5 1/6 --~._- ...-,.-...--- Cost Estimate EXHIBIT C . 1!1319a East Palomar Street Segment "C" PROJECT East Palomar AREA: Villa"e 1 PHASE: Se"ment "C" TOTAL IMPROVEMENTS .........", _"...."",....""_."."......."".."",....,,,,........._... .....".. 1 ,840,678 NOTE: East Palomar Street North Half Width Improvements from P-1/ R-21 to East Boundry Palomar Segment C.xls Page 1 ¢0 , Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "C" GRADING & SITE PREPARATION""."""".".""....".."...." 164,618 STORM DRAINAGE.."""""...."."."...",... ..,..."....",,,. ..,,,. .". 115,120 SEWER"....... ... ... ..,,,.....,,,,....,,...,,,......,...,,.,,.,,. .,.... ".... 15,700 WATER DISTRIBUTION""..". ..,,,............. ,.,,,......,... """"" 128,550 RECLAIMED WATER DiSTRIBUTION"........."..."...".... '........ 81,350 ROADWAY IMPROVEMENTS"......."........ ...........,"....."... 320,961 UTILITIES...."."....."..."......."."......"".......,........,.., ......,,, "'" 448,739 lANDSCAPE & SPECIAL CONSTRUCTION""."...".......".... 565,640 TOTAL: 1 ,840,678 Palomar Segment C,xls Page 2 17 -----_._..._--_._.__.~_.."._- Cost Estimate EXHIBIT C . 1/13/98 East Palomar Street Segment "C" GRADING AND SITE PREPARATION Site PreDaratiDn Clear And Grub 13.0 AC 300 3,900 Mobilization 0.03 CY 138,000 4,140 Unclassified Excavation . Mass Excavation 138,000 CY 0,85 117,300 Finish 318,480 SF 0.08 25,478 Construction Water 138,000 CY 0,100 13,800 , TOTAL GRADING AND SITE PREPARATION........................................... 164,618 STORM DRAINAGE P1EE. 18" RCP 700 LF 30 21,000 24" RCP 1,420 LF 36 51,120 , INLETS OUTLETS Clean Out (Type A-4) 6 EA 2,500 15,000 Curb Inlet (Type B-1) 4 EA 3,000 12,000 Curb Inlet (Type B) 4 EA 2,000 8,000 Type "P Catch Basin 3 EA 2,000 6,000 Headwall 1 EA 2,000 2,000 , TOTAL STORM DRAINAGE................................................................;....... 115,120 SANITARY SEWERS ~ 8" PVC 800 LF 15 12,000 APPURTENANCES . Manholes 2 EA 1,850 3,700 TOTAL SANITARY SEWERS....................................................................... 15,700 Palomar Segment C.xls Page 3 dCZ , Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "C" WATER DISTRIBUTION ElEE 1 0" Class 150 700 LF 21 14,700 12" Class 150 3,650 LF 25 91,250 VALVES 10" 2 EA 1,050 2,100 12" 5 EA 1,300 6,500 APPURTENANCES Fire Hydrant 5 EA 2,000 10,000 Air And Vacuum Release Valve 1" 2 EA 1,000 2,000 . Air And Vacuum Release Valve 2" 2 EA 1,000 2,000 TOTAL WATER DiSTRIBUTION...................................................;................. 128,550 RECLAIMED WATER DISTRIBUTION ElEE 6" Class 150 200 LF 17 3,400 8" Class 150 3,650 LF 19 69,350 VALVES 6" 3 EA 600 1,800 8" 2 EA 1,050 2,100 APPURTENANCES 2"lrrigalion Service 2 EA 1,450 2,900 Air And Vacuum Release Valve 2" 1 EA 1,800 1,800 TOTAL RECLAIMED WATER DiSTRIBUTION.............................................. 81,350 Palomar Segment C.xls Page 4 //":::;' - - .... M..·..._.._.....·_._.__._._.___.·__..._.._ Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "C" ROADWAY IMPROVEMENTS CURB AND GUTTER . 6" Curb And Gutter 3,500 LF 4,65 16,275 6" Curb Only 3,500 LF 4,10 14,350 Sub Grade Prep 7,000 SF 0,10 700 SUB TOTAL CURB & GUTTER 31,325 FLA TWORK Sidewalk 35,000 SF 1.18 41,300 Pedestrian Ramp 9 EA 75 675 , Sub Grade Prep 35,000 SF 0.10 3,500 SUB TOTAL SIDEWALK 45,475 PA VEMENT AND PARKWA YS 4" AC /14" AB 125,000 SF 1.50 187,500 Sub Grade Prep. +/- .5 125,000 SF 0.08 10,000 OTHER STREET IMPROVEMFNTS , Street Name Signs 2 EA 220 440 Other Signs 5 EA 220 1,100 Traffic Signal Interconnect 3,500 LF 10,50 36,750 Survey Monuments 14 EA 315 4,410 Barricade 146 LF 20 2,920 Striping 3,470 LF 0.30 1,041 SUB TOTAL PAVEMENT AND PARKWAYS 244,161 TOTAL ROADWA Y IMPROVEMENTS............................................................... 320,961 Palomar Segment C,xls Page 5 -' 0" j ,Cost· Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "C" UNDERGROUND UTILITIES TRENCHING Joint Trench 3,500 IF 60 210,000 Trench Only 400 IF 5.00 2,000 SUB TOTAL TRENCHING 212,000 STREET LIGHTS Pole And Double luminaria 8 EA 2,278 18,224 SUB TOTAL STREET LIGHT 18,224 UTILITY FEES SDG&E line extention fee 1 lS 218,515 218,515 SUB TOTAL UTILITY FEES 218,515 TOTAL, UNDERGROUND UTILITY................................................................. 448,739 LANDSCAPE AND SPECIAL CONSTRUCTION LANDSCAPE Slope landscape 20,000 SF 1.50 30,000 Parkway Landscape ( within ROW) 39,000 SF 3.50 136,500 Parkway landscape (in public open space lot) 26,000 SF 1.14 29,640 1/2 Transit area landscape 72,500 SF 1.00 72,500 Palm Trees (3 every 40LF) 264 EA 525 138,600 Parkway Trees (3 every 40 IF) 264 EA 600 158,400 SUBTOTAL LANDSCAPE 565,640 TOTAL LANDSCAPE AND 'SPECIAL CONSTRUCTION.................................... 565,640 Palomar Segment C.xls Page 6 , , . ,.-.... / \...H.c~1 ! . __u__ ____ _ ___ Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "D" PROJECT East Palomar AREA: Villape 1 PHASE: Sepment "D" TOTAL IMPROVEMENTS ..::,...... ,.............,...... ..,.....,... ........................ ..........."".... 777,053 NOTE: East Palomar Street South Half From P1/ R-21 To East Property line, Palomar Segment D.xls Page 1 ,.-- ......, ... ,. . ~--....».- ·Cost, Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "D" . GRADING & SITE PREPARATION....""""..".".""....,..".". 8,750 STORM DRAINAGE.."."""."..."""".""".".."",,,.,,..,, ....""" 12,000 ROADWAY IMPROVEMENTS""....""""". ... "..,,". ... ... ....., 276,911 UTILITIES.".""...".."""......."..,.."."""".,,,.,,,,,.,,.,,.,,, """ "", 20,224 , LANDSCAPE & SPECIAL CONSTRUCTION.......""........."". 459,168 TOTAL: 777,053 Palomar Segment D.xls Page 2 S3 Cost Estimate EXHIBIT C . 1/13/98 East Palomar Street Segment "D" GRADING AND SITE PREPARATION Finish 125,000 SF 0.07 8,750 . TOTAL GRADING AND SITE PREPARATION........................................... 8,750 STORM DRAINAGE £!lEE 18" RCP 200 LF 30 6,000 INLETS Dun ETS . Curb Inlet (Type B-1) 2 EA 3,000 6,000 TOTAL STORM .DRAINAGE....................................................................... 12,000 . Palomar Segment D_xls Page 3 .-"" -"" .'f ..~ -~/ .~ , Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "Cn ROADWAY IMPROVEMENTS CURB AND GUTTER 6" Curb And Gutter 3,500 LF 4,65 16,275 , 6" Curb Only 3,500 LF 4,10 14,350 Sub Grade Prep 7,000 SF 0.10 700 SUB TOTAL CURB & GUTTER 31,325 FLA 7WORK Sidewalk 35,000 SF 1,18 41,300 Pedestrian Ramp 9 EA 75 675 Sub Grade Prep 35,000 SF 0,10 3,500 SUB TOTAL SIDEWALK 45,475 PA VEMENT AND PARKWA YS 4" AC /14" AS 125,000 SF 1.50 187,500 Sub Grade Prep. +/- .5 125,000 SF 0.08 10,000 OTHER STREET IMPROVEMENTS Street Name Signs 2 EA 220 440 . Other Signs 5 EA 220 1,100 Striping 3,570 LF 0,30 1,071 SUB TOTAL PAVEMENT AND PARKWAYS 200,111 TOTAL ROADWA Y .IMPROVEMENTS.............................................................. 276,911 Palomar Segment D.xls Page 4 r-~ ,,\ "" ~o.o!ß"-~ ----.-------- -. .........-.._.._-_.~.....~ ~ Cost Estimate EXHIBIT C . 1/13/98 East Palomar Street Segment "D" UNDERGROUND UTILITIES TRENCHING Trecch Only 400 LF 5.00 2,000 SUB TOTAL TRENCHING 2,000 STREET LIGHTS Pole And Double Luminaria 8 EA 2,278 18,224 SUB TOTAL STREET LIGHT 18,224 TOTAL UNDERGROUND UTILITY................................................................. 20,224 LANDSCAPE AND SPECIAL CONSTRUCTION LANDSCAPE Slope Landscape 20,000 SF 1.50 30,000 Parkway Landscape ( within ROW) 39,000 SF 3.50 136,500 2ft Irrigation Meter Fee 1 LS 22,168 22,168 Palm Trees (2 Every 40 LF) 176 EA 525 92,400 1/2 Transit area Landscape 72,500 SF 1.00 72,500 Par1<way Trees (2 every 40 LF) 176 EA 600 105,600 SUB TOTAL LANDSCAPE 459,168 TOTAL LANDSCAPE AND SPECIAL CONSTRUCTION.................................... 459,168 Palomar Segment D.xls Page 5 .S-b . Cost Estimate EXHIBIT C 1/13/96 Monarche Drive Segment "A" PROJECT Monarche Drive AREA: Village 1 PHASE:' Segment "A" TOTAL IMPROVEMENTS ..............,.............. ", ,........ ...... ...,.. ",...... ............,.. ........ 163,476 NOTE: Monarche Drive From West Terminus To Santa Ynez (Some utilities to West Paseo), Monarche Segment Axis Page 1 í"~7 ...:::J . ---".-----..--- . _..._---~._---- Cost Estimate EXHIBIT C 1/13/98 Monarche Drive Segment "A" GRADING & SITE PREPARATION..,."""".."....",...".".",.. 7,670 STORM DRAINAGE.""..."""."".".."""."".",,,.,,.....,,,,. .".". 35,090 WATER DISTRIBUTION."",."".."...,,, "....".".".", ....".""" 14,950 RECLAIMED WATER DISTRIBUTION".""""""."""..." ",."". 21,450 ROADWAY IMPROVEMENTS""...."""".......",,,... .,. :........ 33,131 UTILITIES"""".".."."""......""..".""""",,,. ...."".,.....".." "." 27,185 LANDSCAPE & SPECIAL CONSTRUCTION""."""."..."",,,. 24,000 TOTAL: 163,476 Monarche Segment A.xls Page 2 f'-'-~'._""" -- ~. '..",,) / Cost Estimate EXHIBIT C 1/13/98 Monarche Drive Segment "A" GRADING AND SITE PREPARATION Unclassified Excavation Mass Excavation 3,000 CY 0.83 2,490 AlluviumITop Soil R&R 4,000 CY 0.77 3,080 Finish 30,000 SF 0,070 2,100 TOTAL GRADING AND SITE PREPARATION........................................... 7,670 STORM DRAINAGE E1EE 18" RCP 553 LF 30 16,590 INLETS OUTLETS Clean Out (Type A-4) 3 EA 2,500 7,500 Curb Inlet (Type B-1) 3 EA 3,000 9,000 Type "F" Catch Basin 1 EA 2,000 2,000 TOTAL STORM DRAINAGE........................................................................ 35,090 Menarche Segment Axis Page 3 r-·'·,.>'4 ~-~-' """"/ ~..... ! -----,---".__.,_.._.~ Cost Estimate EXHIBIT C 1/13/98 Monarche Drive Segment "A" WATER DISTRIBUTION eJE.E 1 0" Class 150 400 LF 21 8,400 VALVES 10" 2 EA 1,050 2,100 APPURTENANCES . Fire Hydrant 1 EA 2,000 2,000 Air And Vacuum Release Valve 2" 1 EA 1,000 1,000 2" Water Service (P-1 Park) 1 EA 1,450 1,450 TOTAL WATER DISTRIBUTJON....................................................................... 14,950 RECLAIMED WATER DISTRIBUTION eœ£ 6" Class 150 900 LF 17 15,300 VAL VES SO 3 EA 600 1,800 2" Irrigation Service (P-1 & Paseo) 3 EA 1,450 4,350 TOTAL RECLAIMED WATER DiSTRIBUTION................................................ 21,450 Monarche ~egment AxIs Page 4 /) ,"'..... ..,/ ,Cost, Estimate EXHIBIT C 1/13/98 Monarche Drive Segment "A" ROADWAY IMPROVEMENTS CURB AND GUTTER 6" Curb And Gutter 800 LF 4.65 3,720 Sub Grade Prep 800 SF 0.10 80 SUB TOTAL CURB & GUTTER 3,800 FLA TWORK Sidewalk 3,200 SF 1,18 3,776 Sub Grade Prep 3,200 SF 0.10 320 SUB TOTAL SIDEWALK 4,096 PA VEMENT AND PARKWA YS 4" AC I 8" AB 14,000 SF 1,50 21,000 Sub Grade Prep. +1- .5 14,000 SF 0,08 1,120 OTHER STREET IMPROVEMENTS Street Name Signs 2 EA 220 440 Other Signs 5 EA 220 1,100 Survey Monuments - 5 EA 315 1,575 SUB TOTAL PAVEMENT AND PARKWAYS 25,235 TOTAL ROADWAY IMPROVEMENTS................................................................ 33,131 UNDERGROUND UTlLmES TRENCHING Joint Trench 400 LF 15 6,000 Trench Only 150 LF 5 750 SUBTOTAL TRENCHING 6,750 STREET LIGHTS Pole And Double Luminaria 1 EA 2,278 2,278 SUB TOTAL STREET LIGHT 2,278 UTILITY FEES SGG&E line Extention Fee 1 LS 18,157 18,157 SUB TOTAL UTILITY FEES 18,157 , TOTAL UNDERGROUND UTILITY................................................................. 27,185 Monarche Segment A.xls Page 5 /:.,/. "'-"" n___~· ___..__ '-----··.--..__-.0'. Cost Estimate EXHIBIT C 1113/98 Monarche Drive Segment "A" LANDSCAPE AND SPECIAL CONSTRUCTION LANDSCAPE Parkway Landscape ( within ROW) 6,000 SF 3.50 21,000 Parkway Trees 15 EA 200 3,000 SUB TOTAL LANDSCAPE 24,000 TOTAL LANDSCAPE AND SPECIAL CONSTRUCTION.................................... 24,000 Monarche Segment Axis Page 6 j" ..,.7 ".~ {f' ~'j' .- , Cost Estimate EXHIBIT C 1/13/98 Monarche Drive Segment "B" PROJECT, Monarche Drive AREA: Village 1 PHASE: Se\Jment "B" TOTAL IMPROVEMENTS .......... ...........,........, no........................... ...... ...... ............. 410,231 ,NOTE: Monarche Drive From Santa Ynez to East Terminus. Monarche Segment B .xls Page 1 cÞ3 Cost Estimate EXHIBIT C 1/13/98 Monarche Drive Segment "B" GRADING & SITE PREPARATION...""""".."""".."""...." 38,235 STORM DRAINAGE""".""".".......""".".",,,. ...."." ...." "..... 54,072 RECLAIMED WATER DiSTRIBUTION""..""".""""."......",,,. 19,480 ROADWAY IMPROVEMENTS"....."""""., ".." ".".... ...."". 111,190 UTILITIES......""".."."""..""."......".."..".....,.".........."". "". 104,354 LANDSCAPE & SPECIAL CONSTRUCTION."."""."..""."". 82,900 TOTAL: 410,231 , Monarche Segment B .xls Page 2 t. t/- . Cost Estimate EXHIBIT C 1/13/98 Monarche Drive Segment "B" GRADING' AND SITE PREPARATION Unclassified Excavation Mobilization (6% of Mass) 6% LS 130,000 7,800 Mass Excavation 27,150 CY 0,83 22,535 AlluviumITop Soil R&R S,OOO CY 0.77 3,850 Water Meter (6%) 6% LS 15,000 900 Finish 45,000 SF 0.070 3,150 TOTAL GRADING AND SITE PREPARATION........................................... 38,235 STORM DRAINAGE eJEE 18" RCP 300 LF 30 9,000 24" RCP 752 LF 36 27,072 INLETS OUTLETS Clean Out (Type A-4) 4 EA 2,500 10,000 Curb Inlet (Type B-1) 2 EA 3,000 6,000 Type "F" Catch Basin 1 EA ,2,000 2,000 . TOTAL STORM DRAINAGE........................................................................ 54,072 RECLAIMED WATER DISTRIBUTION eJEE 6" Class 150 1,040 LF 17 17,680 VAL VES 6" 3 EA 600 1,800 TOTAL RECLAIMED WATER DiSTRIBUTION........................................... 19,480 Monarche Segment B .xls Page 3 G ç;- -----. Cost Estimate EXHIBIT C 1/13198 Monarche Drive Segment "B" ROADWAY IMPROVEMENTS CURB AND GUTTER 6" Curb And Gutter 3,000 LF 4,65 13,950 Sub Grade Prep 3,000 SF 0.10 300 SUB TOTAL CURB & GUTTER 14,250 FLA 7WORK Sidewalk 18,000 SF 1.18 21,240 Sub Grade Prep 18,000 SF 0,10 1,800 SUB TOTAL SIDEWALK 23,040 PA VEMENT AND PARKWA YS 4" AC / 8" AS 45,000 SF 1.50 67,500 Sub Grade Prep. +/- .5 45,000 SF 0,08 3,600 OTHER STREFT IMPROVEMENTS Street Name Signs 2 EA 220 440 other Signs 5 EA 220 1,100 Survey Monuments 4 EA 315 1,260 SUBTOTAL PAVEMENT AND PARKWAYS 73,900 TOTAL ROADWA Y IMPROVEMENTS................................................................ 111,190 UNDERGROUND UT1LmES TRENCHING Joint Trench 1,650 LF 13 21,450 Trench Only 200 LF 5 1,000 SUB TOTAL TRENCHING 22,450 STREET llGIfTS Pole And Double Luminaria 4 EA 2,278 9,112 ~OTAL STREET LIGHT 9,112 UTILITY FEES SDG&E Line extention Fee 1 LS 72,792 72,792 SUB TOTAL UTILITY FEES 72,792 , TOTAL UNDERGROUND UTILITY................................................................. 104,354 Monarche Segment B .xls Page 4 6~ Cos~ Estimate EXHIBIT C 1/13/98 Monarche Drive Segment "B" LANDSCAPE AND SPECIAL CONSTRUCTION LANDSCAPE Parkway Landscape 19,000 SF 3.50 66,500 Parkway Trees 82 EA 200 16,400 SUB TOTAL LANDSCAPE 82,900 TOTAL LANDSCAPE AND SPECIAL CONSTRUCTION.................................... 82,900 Monarche Segment B .xls Page 5 (p1 .M_.__._"__·____.___~.__ I+r'í¡:~.c.Hn~, 'F" AGREEMENT AND ASSIGNMENT (San Diego Gas & Electric) TIllS AGREEMENT AND ASSIGNMENT is by and between OTAY PROJECT, LLC, a California limited liability company ("Assignor"), the CITY OF CHULA VISTA ("Assignee") and SAN DIEGO GAS & ELECTRIC COMPANY ("Utility"). WHEREAS, Assignee has initiated proceedings pursuant to the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for financing the acquisition and/or construction of certain public improvements, including utility facilities, in an assessment district known and designated as ASSESSMENT DISTRICT NO. 97-2 (OTAY RANCH, VILLAGE ONE) (hereinafter referred to as the "Assessment District"); and, WHEREAS, Assignor and Assignee have entered into an Amended Acquisition/Financing Agreement (" AcquisitionlFinancing Agreement") approved by the legislative body of Assignee, whereby Assignor has agreed to construct or install certain public improvements, including utility facilities in the Assessment District and Assignee has agreed to reimburse Assignor for the costs of such utility facilities pursuant to the terms and conditions of the AcquisitionlFinancing Agreement from the proceeds of bonds issued pursuant to the "Improvement Bond Act of 1915"; and, WHEREAS, Section 10110 of the Streets and Highways Code of the State of California specifically provides that before the ordering of any work and/or acquisition where facilities or improvements will be owned, managed or controlled by any other public agency or utility, the legislative body of Assignee shall approve an agreement with such public agency or utility which will have the ownership, management and control for said facilities; and, WHEREAS, the parties hereto enter into this Agreement for acquisition of the utility facilities, their conveyance and provisions regarding any applicable refundings pursuant to the provisions of Section 10110 of the Streets and Highways Code of the State of California. NOW, THEREFORE, it is hereby mutually agreed between the parties as follows: SECTION 1. Except as provided in Section 2 hereinbelow, the undersigned does agree and assign to Assignee, all of the undersigned's rights, title and interest in and to the contracts (collectively, the "Contracts") identified as follows: [lnserl description of agreement between utility and developer] SECTION 2. Assignor shall, following the effective date of this Assignment, retain all duties, liabilities and obligations as set forth in the Contracts. Assignor shall also retain any and all right to any refunds or payments from Utility as provided for under the terms and conditions of the Contracts. 1 of 3 It f./: SECTION 3. Assignee' s acceptance of these assignments is contingent upon the successful formation of the Assessment District, and this Agreement and Assignment shall become effective after proceedings have been taken and funds are available as necessary to carry out the terms thereof, and this Agreement and Assignment has been entered into before the ordering by Assignee of the work and/or acquisition for this Assessment District. SECTION 4. Assignor and Assignee agree that Assignor's right to the reimbursement for the costs of construction and installation of the utility facilities subject to this Agreement and Assignment shall be governed by the terms and conditions of the Acquisition/Financing Agreement. DATED: OTAY PROJECT, LLC, a California limited liability company, By: OTAY RANCH DEVELOPMENT, LLC, a Delaware limited liability company, managing member By: Title: Executive Vice President The undersigned, the Assignee above referred to, hereby accepts this Assignment subject to all its terms and conditions. DATED: CITY OF CHULA VISTA, CALIFORNIA By: Mayor APPROVED AS TO FORM: By: City Attorney 20f3 " q .. 1".. ... ·._'_"'__'.~._,__._"'.m__·.~·_ - ,----. -----_._-~_._._---- We consent to the foregoing Assignment, without such consent being a novation. DATED: SAN DIEGO GAS & ELECTRIC COMPANY By: Title: 3 of 3 '-;':J ' ¿ AGREEMENT AND ASSIGNMENT (Pacific Bell) TInS AGREEMENT AND ASSIGNMENT is by and between OTAY PROJECT, LLC, a California limited liability company ("Assignor"), the CITY OF CHULA VISTA ("Assignee") and PACIFIC BELL ("Utility"). WHEREAS, Assignee has initiated proceedings pursuant to the "Municipal Improvement Act of 1913·, being Division 12 of the Streets and Highways Code of the State of California, for financing the acquisition and/or construction of certain public improvements, including utility facilities, in an assessment district known and designated as ASSESSMENT DISTRICT NO. 97-2 (OTA Y RANCH, VILLAGE ONE) (hereinafter referred to as the "Assessment District"); and, WHEREAS, Assignor and Assignee have entered into an Amended Acquisition/Financing Agreement (" Acquisition/Financing Agreement") approved by the legislative body of Assignee, whereby Assignor has agreed to construct or install certain public improvements, including utility facilities in the Assessment District and Assignee has agreed to reimburse Assignor for the costs of such utility facilities pursuant to the tenns and conditions of the AcquisitionlFinancing Agreement from the proceeds of bonds issued pursuant to the "Improvement Bond Act of 1915"; and, WHEREAS, Section 10110 of the Streets and Highways Code of the State of California specifically provides that before the ordering of any work and/or acquisition where facilities or improvements will be owned, managed or controlled by any other public agency or utility, the legislative body of Assignee shall approve and enter into an agreement with said public agency or utility which willliave the ownership, management and control for said facilities; and, WHEREAS, the parties hereto enter into this Agreement and Assignment for acquisition of the utility facilities, their conveyance and provisions regarding any applicable refundings pursuant to the provisions of Section 10110 of the Streets and Highways Code of the State of California. NOW, THEREFORE, it is hereby mutually agreed between the parties as follows: SECTION 1. Except as provided in Section 2 hereinbelow, the undersigned does agree and assign to Assignee, all of the undersigned's rights, title and interest in and to the contract (the "Contract") identified as follows: [Insert description of agreement between utility and devewper] SECTION 2. Assignor shall, following the effective date of this Assignment, retain all duties, liabilities and obligations as set forth in the Contracts. Assignor shall also retain any and all right to any refunds or payments from Utility as provided for under the tenns and conditions of the Contract. 1 of 3 7/ .._._--_.,~- SECTION 3. Assignee' s acceptance of these assignments is contingent upon the successful formation of the Assessment District, and this Agreement and Assignment shall become effective after proceedings have been taken and funds are available as necessary to carry out the terms thereof, and this Agreement and Assignment has been entered into before the ordering by Assignee of the work and! or acquisition for this Assessment District. SECTION 4. Assignor and Assignee agree that Assignor's right to the reimbursement for the costs of construction and installation of the utility facilities subject to this Agreement and Assignment shall be governed by the terms and conditions of the Amended Acquisition/Financing Agreement. DATED: OT A Y PROJECT, LLC, a California limited liability company, By: OTAY RANCH DEVELOPMENT, LLC, a Delaware limited liability company, managing member By: · Title: Executive Vice President The undersigned, the Assignee above referred to, hereby accepts this Assignment subject to all its terms and conditions. DATED: CITY OF CHULA VISTA, CALIFORNIA · By: Mayor APPROVED AS TO FORM: By: City Attorney · 2 of 3 11- · We consent to the foregoing Assignment, without such consent being a novation. DATED: PACIFIC BELL By: Title: 30f3 73 -------------- _._-~_._---_.--------- AGREEMENT AND ASSIGNMENT (Otay Water District) TIllS AGREEMENT AND ASSIGNMENT is by and between OTAY PROJECT, LLC, a California limited liability company ("Assignor"), the CITY OF CHULA VISTA ("Assignee") and OTA Y WATER DISTRICT ("Water District"). WHEREAS, Assignee has initiated proceedings pursuant to the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for financing the acquisition and/or construction of certain public improvements, including Water District facilities, in an assessment district known and designated as ASSESSMENT DISTRICT NO. 97-2 (OTA Y RANCH, VILLAGE ONE) (hereinafter referred to as the "Assessment District"); and, WHEREAS, Assignor and Assignee have entered into an Amended Acquisition/Financing Agreement (" Acquisition/Financing Agreement") approved by the legislative body of Assignee, whereby Assignor has agreed to construct or install certain public improvements, including Water District facilities in the Assessment District and Assignee has agreed to reimburse Assignor for the costs of such Water District facilities pursuant to the terms and conditions of the Acquisition/Financing Agreement from the proceeds of bonds issued pursuant to the "Improvement Bond Act of 1915"; and, WHEREAS, Section 10110 of the Streets and Highways Code of the State of California specifically provides that before the ordering of any work and/or acquisition where facilities or improvements will be owned, managed or controlled by any other public agency or utility, the legislative body of Assignee shall approve an agreement with such public agency or utility which will have the ownership, management and control for said facilities; and, WHEREAS, the parties hereto enter into this Agreement for acquisition of the Water District facilities, their conveyance and provisions regarding any applicable refundings pursuant to the provisions of Section 10110 of the Streets and Highways Code of the State of California. NOW, THEREFORE, it is hereby mutually agreed between the parties as follows: SECTION 1. Except as provided in Section 2 hereinbelow, the undersigned does agree and assign to Assignee, all of the undersigned's rights, title and interest in and to the contracts (collectively, the "Contracts") identified as follows: [Insert description of agreement between Water District and developer] SECTION 2. Assignor shall, following the effective date of this Assignment, retain all duties, liabilities and obligations as set forth in the Contracts. Assignor shall also retain any and all right to any refunds or payments from Water District as provided for under the terms and conditions of the Contracts. 1 of 3 "-~4 SECTION 3. Assignee' s acceptance of these assignments is contingent upon the successful fonnation of the Assessment District, and this Agreement and Assignment shall become effective after proceedings have been taken and funds are available as necessary to carry out the tenns thereof, and this Agreement and Assignment has been entered into before the ordering by Assignee of the work and! or acquisition for this Assessment District. SECTION 4. Assignor and Assignee agree that Assignor's right to the reimbursement for the costs of construction and installation of the Water District facilities subject to this Agreement and Assignment shall be governed by the tenns and conditions of the Acquisition/Financing Agreement. DATED: OTAY PROJECT, LLC, a California limited liability company, By: OTAY RANCH DEVELOPMENT, LLC, a Delaware limited liability company, managing member By: Title: Executive Vice President The undersigned, the Assignee above referred to, hereby accepts this Assignment subject to all its tenns and conditions. DATED: CITY OF CHULA VISTA, CALIFORNIA By: Mayor APPROVED AS TO FORM: By: City Attorney 2 of 3 7s . . _ .M__._m·'______·___u.~.___'"_."~M._ We consent to the foregoing Assignment, without such consent being a novation, DATED: Otay Water District By: Title: . ~ 3 of 3 70 I( " .4'T¡:a.~Hf16oJ-r. G FINAL ENGINEER~S REPORT CITY OF CHULA VISTA ASSESSMENT DISTRICT NO. 97-2 (OTA Y RANCH, VILLAGE ONE) . Prepared by: Berryman & Henigar 11590 West Bernardo Court, Suite 100 San Diego, CA 92127 IN: 14359,00 February 10, 1998 77 - TABLE OF CONTENTS SECTION PAGE INTRODUCTION AND CERTIFICA TIONS ,............,..............,.....,...,.....................,..,... ,... i PART I . Plans and Specifications ..............................................................................1 PART II Cost Estimates .........................................,.............,...' ,..,............., .........,..... 3 PART III Assessment Roll and Method of Assessment Spread.................................. 6 PART IV Annual Administrative Assessment ..............,............................,................ 33 PART V Diagram of Assessment District .................................................................34 PART VI Description of Facilities,..............,....:..... ,..,..................................,.., ,... ,......36 Right-of-way Certification .......,...................'....,........."..,...,.....................'.. 44 Environmental Certification..........,................ ................,..,............,..;.......:., 4? APPENDIX A Resolution of Intention .....,.,...............,...........'....., ,., ;..,.......,...... ... ."'" 46 APPENDIX B Property Owners Lists..........,.................,........ ..................,.. ,............., 50 APPENDIX C Detailed Construction Estimate (As Approved by the City) .......................... 51 APPENDIX D Development Transportation Impact Fee Ordinances ......................... 92 APPENDIX E Development Transportation Impact Fee Reconciliation.................... 101 TDIF Parcels Credits TDIF Construction Estimate ·APPENDIX F Otay Ranch SPA Planning Area diagram........................................... 103 n 'l \.~.~ City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) .. Final Engineer's Report - February 10, 1998 .. . . Pagei AGENCY: CITY OF CHULA VISTA PROJECT: ASSESSMENT DISTRICT NO. 97-2 (Otay Ranch, Village One) TO: CITY COUNCIL, CITY OF CHULA VISTA ENGINEER'S "REPORT' PURSUANT TO THE PROVISIONS OF SECTION 10204 OF THE STREETS AND HIGHWAYS CODE AND ARTICLE XIIID OF THE STATE CONSTITUTION Pursuant to the provisions of ArtiCle XIIID of the State Constitution and the "Municipal Improvement Act of 1913", being Division 12 of said Code, and the Resolution of Intention, adopted by the City Council of the City of Chula Vista, State of California, in connection with the proceedings for Assessment District No. 97-2 (Otay Ranch, Village One),' (hereinafter referred to as the "Assessment District"), I, Dennis Klingelhofer, a Registered Professional Engineer and authorized representative of Berryman & Henigar, the duly appointed Engineer of Work, herewith submits the "Report" for the Assessment District, consisting of six (6) parts as stated below.. PARTI This part contains the plans ·and specifications which describe" the general nature, location and extent for the proposed improvements, filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the Superintendent of Streets. PART II This part contains an estimate of the cost of the proposed improvements, including capitalized interest, incidental costs and expenses in connection therewith as set forth herein on Exhibits 1 and 2 inclusive, attached hereto. . PART III This part consists of a proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land within the Ass~ssment District, in proportion to the estimated special benefits to be received by such subdivisions from said improvement&, and is set forth upon the assessment roll filed herewith and made a part hereof. PART IV This part contains the proposed maximum annual administrative assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the City of Chula Vista, and not otherwise reimbursed, resulting from the administration and collection of assessments or from the administration and registration of any associated bonds and reserve or other related funds. \\Elmo\mf\SPROJECT\CHULA VISWillagelAD\FmalJPLdoc 7q Berryman & Henigar City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Pageii PART V This part contains a map showing the boundaries of the Assessment District, the boundaries and the dimensions of the subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention, is filed herewith and made a part hereof, and part of the assessment. PART VI This part consist of the following: A. Description of facilities (Including Facility Diagrams), and B. Right-of-Way Certificate . C. Environmental Certificate ..... This report is submitted on the _ day of ,1998. BERRYMAN & HENIGAR DENNIS KLlNGELHOFER, P.E, ENGINEER OF WORK CITY OF CHULA VISTA STATE OF CALIFORNIA Preliminary approval by the CITY COUNCIL of the CITY OF CHULA VISTA, SAN DIEGO COUNTY, CALIFORNIA, on the 16th day of December, 1997. BEVERLY A. AUTHELET, CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA ... Final approval by the CITY CLERK of the CITY OF CHULA VISTA, SAN DIEGO ÇOUNTY, CALIFORNIA, on the day of ,1998. . . BEVERLY A, AUTHELET, CITY CLERK CITY OF CHULA VISTA City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 1 Part I Plans and Specifications The preliminary plans and specifications to construct the roadway, traffic signal, water, reclaimed water, sewer and dry utility improvements and any ancillary improvements thereof, for the area described as Assessment District 97-2 (Otay Ranch, Village One) which describe the general nature, location and extent of the improvements for this Assessment District are referenced herein and incorporated as if attached and a part of this Report. (Note: Plans, Specifications and Estimates have been preliminarily approved by the City of Chula Vista. Final acquisition amounts will be determined from as-built plans) Said plans as prepared by Hunsaker & Associates Inc., have been used as the basis for the determination of costs and special benefit for this Assessment District. During preparation of this repod the plans consisted of four sets of construction drawings for the overall grading and the improvement of Paseo Ranchero, East Palomar Street and Monarche Drive; - The Plans utilized for this report were dated November 12, 1997 and were identified as 'Working Drawings". The Plans and Specifications for the improvements are on file in the office of the Superintendent of Streets. Facility Maps that show the location of the improvements to be constructed by the Assessment District are included in Part VI - Description of Works of Improvements of this report. All improvements shall be constructed in accordance to the standards of the City of Chúla Vista, Otay Water District and other agencies as appropriate. The proposed improvements include: 1. Street Improvements. The construction of street generally consisting of the grading and paving of streets, signing and striping, traffic control devices, storm drain and landscaping within the public streets and open space lots adjacent to streets and easements and other appurtenant works as shown on the plans. 2. Domestic Water Improvements. The constrUction andlor installation of,a back- bone domestic water distribution system, hydrants, and other appurtenances necessary for providing backbone water service to the Assessment District. . . . 3. Sewer Improvements. The installation of. gravity sewers, manholes, and appurtenances in public street easements to avoid street cuts at a later date. 4. Reclaimed Water Improvements. The installation and construction of a back- bone reclaimed water distribution system, and appurtenances in the public street easements to serve the Assessment District. \\Elmo\mf\SPROJEC1\CHULA VlS\Village1AD\Fmatrpt.doc RI Berryman & Henigar ..,.. _._,......,,_..__._,-_._~.._,--_..._. ._----- -'_._-- City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 2 5, Dry Utility Improvements. The installation and construction of back-bone dry utilities systems consisting of trenching and placement of electric, telephone, gas and cable TV conduit, hand-holes, pipes, and appurtenances in the public street easements to serve the Assessment District. In accordance with City of Chula Vista policy and Federal Tax Requirements, the amount of bond proceeds utilized for the construction and incidentals associated with these improvements will be maintainèd at or below five percent (5%) of the total bond proceeds issued for this Asse~sment District. ~ \\Elmo\mf\SPROJEcnCHULA VJS\Vi11ageIAD\Fmal_ rpl.doc c:< 7_ Berryman & Henigar , City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 3 Part II Estimate of Costs The following table provides a summary of costs for constructing and ácquiring the works of improvements as identified in the description of improvements described in Part I and Part VI. The Estimate of Costs on the following page includes construction costs, incidentals expenses, financing cost and developer contributions for public property assessment buy-downs, non-eligible improvements. \\Elmo\mf\SPROJECT\CHULA VISWiUagclAD\Finat rpt.doc vA Berryman & Henigar ___ ______________.._____...u__. City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 4 Estimate of Costs Exhibit 1 Estimated Costs Preliminary Confirmed CONSTRUCTION COSTS (See appendix ·C· for Construction Cost DetaiLs) Roadway $7,737,056 $7,772,422 Sewer I Water I Reclaimed Water $784,330 $745,890 Dry Utilities, (Must be Less than 5% of TotaL Bond Lssue) $437,400 $430,363 Traffic SignaLs $140,000 $120,000 Subtotal Construction Costs $9.098,786 $9,068,675 CONSTRUCTION INCIDENTALS Desi9n Engineering (2.5'10) $227,470 $226,717 Soils Engineering (12'10 of Grading) $213,130 $206,001 Landscape Architecture (5'10) $176,066 $186,954 Survey and Staking (1.5'10 of Imp & Grading) $136,482 $136,030 Utility Engineering & Coordination (3'10) $13,122 $12,911 Permits/FeeslBonds (5'10) $454,939 $453,434 Construction Adm. (1 %) $90,988 $90,687 Construction Supervision (.75'10) $68,241 $68,015 Construction Contingencies (10%) $909,879 $906,868 Total Construction Costs: $11,389,103 $11,356,293 INCIDENTAL EXPENSES Appraisal Services $20,000 $20,000 Assessment Engineering $27,000 $27,000 Acquisition Services $45,000 $45,000 Special CounseL $43,750 $43,750 City .Administration $40,000 $40,000 Financial Advisor $35,000 $35,000 Printing, Advertising, Notices, etc. $2,500 $2,500 LncidentaL Contingencies $15,000 $15,000 Total Incidental Expenses: $228,250 $228,250 BOND COSTS Underwriter's Discount 2.00% $291,000 $276,000 Bond Reserve 10,00% $1,454,000 $1,378,000 Funded Interest @ 12 months 8.00% $1,745,000 $1,102,000 Bond Registrar and Paying Agent . $10,000 $10,000 Bond and OfficiaL Statement Printing $6,000 $6,000 TotaL Bond Costs: $3,506,000 $2,772,000 Total Costs: $15,123,353 $14,356,543 DEVELOPER CONTRIBUTIONS ($582,292) ($578,138) (See Pg, 8) TOTAL AMOUNT TO ASSESSMENT: $14,541,061 $13,778,405 \\E1mo\mf\$PROJECnCHULA VIS\ViUagelAD\FinatrpLdoc ,?r;:- Berryman & Henigar City Of Chula Vista ~. Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 5 Exhibit 2 Detaiied Construction Cost Estimates The following is a summary of a detailed construction cost estimate provided by Hunsaker & Associates Inc. This estimate was reviewed and preliminarily approved by the City of Chula Vista in November 1997. A copy of1he estimate is provided in Appendix C. Preliminary Final Approved Proposed Improvements Estimated Costs Costs Paseo Ranchero, 4 of 6 lanes, Telegraph Canyon to E Palomar Segment A Roadway $3,052,696 $3,099,870 SewerlWater/Reclaimed Water $257,810 $257,810 Dry Utilities $257,811 $257,811 East Palomar, 4 lanes, Paseo Ranchero to East District Boundaries Segment A Roadway $1,491,823 $1,469,253 SewerlWater/Reclaimed Water $206,600 $206,600 Dry Utilities $455,791 $455,791 Segment B Roadway $777,975 $805,575 SewerlWater/Reclairned Water ~O $0 Dry Utilities $0 $0 Segment C Roadway $1,229,501 $1,205,463 SewerlWater/Reclaimed Water $225,600 $225,600 Dry Utilities $428,515 $428,515 Segment D Roadway $785,633 $792,833 SewerlWater/RecLaimed Water $0 $0 Dry Utilities $0 $0 Monarche Loop, 2 lanes Roadway $399,428 $399,428 SewerlWater/Reclaimed Water $94,320 $55,880 Dry Utilities $118,399 $118,399 Traffic. Signals Telegraph Canyon @ Paseo Rancherç> (mod) $30,000 $20,000 Paseo Ranchero @ E Palomar (new) $110,000 $100,000 Total Construction Costs $9,921,902 $9,898,828 NOTE: The total Preliminary Estimated Costs as shown differs from Exhibit 1, Estimate of . Costs, due to the five percent (5%) cap on the Dry Utilities Construction Costs. \\E1mo\mf\$PROJECT\CHULA VISWilbge1AD\Finat rpt.doc x5 Berryman & Henigar --~_. - - - ----- -_._.._._~ -_..__..... ..~.-------- -------------..----.--.---...- City Of Chula Vista- Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10. 1998 Page 6 Part III Assessment Roll and Method of Assessment Spread WHEREAS, on June 17, 1997 the City Council of the City of Chula Vista, State of California, did, pursuant to the provisions of the 1913 Act "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code, of the State of California, and Chapter 7 of Division H of Title If of the Code of Ordinances of the City of Chula Vista, adopt its Resolution of Intention No. 18682, for the acquisition, installation and construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment distñct known and designated as: 0'::... ASSESSMENT DISTRICT NO. 97-2 (OTAY RANCH, VILLAGE ONE) - (hereinafter referred to as the "Assessment District"); and WHEREAS, said Resolution of Intention, as required by law, did direct the Engineer of Work to make and file a "Report", consisting of the following as required by Section 10204 of the Act: a. Plans; b. Specifications; c. Cost Estimates d. Assessment Diagram showing the Assessment District and the subdivisions of land therein; e. A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels within the boundaries of the Assessment District; f. The proposed maximum annual assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the City and not otherwise reimbursed resulting from the administration ànd collection of assessments or from the administration and registration of any associated bonds and reserve or other related funds. For particulars, reference is made' to ·the Resolution of Intention as previously adopted, . .... NOW, THEREFORE, I, Dennis Klingelhofer, the authorized representative of BERRYMAN & HENIGAR, pursuant to Article XIIfD of the California Constitution and . the "Municipal Improvement Act of 1913", do hereby submit the following: 1· Pursuant to the provisions of law and the Resolution of Intention, I have assessed the costs and expenses of the works of improvement to be performed in the Assessment District upon the parcels of land in the Assessment District specially benefited thereby in direct proportion and \\Elmo\mf\SPROJECT\CHULA VIS\VillagelAD\Fmal_ rpt.doc 0~ Berryman & Henigar City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 7 relation to the estimated special benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto. 2. As required by law, a Diagram is hereto attached, showing the Assessment District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District as the same existed at" the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram a'nd in said Assessment Roll. 3. The subdivisions and parcels of land the numbers therein as shown on the respective Assessment Diagram as attached hereto correspond with . the numbers as appearing on the Assessment Roll as contained herein. 4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with D.ivision 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915"), to represent all unpaid assessments, which bonds shall be issued not to exceed the legal maximum term as authorized by law, THIR1Y-NINE (39) YEARS from the 2nd day of September next succeeding twelve (12) months from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. 5. By virtúe of the authority contained in said "Municipal Improvement Act of 1913", and by further direction and order of the legislative body,. I hereby recommend the following Assessment to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: As Preliminarily As Approved Confirmed Estimated Cost of Construction: $11,389,103 $11,356,293 Estimated Incidental Expenses: $228,250 $228,250 Estimated Bond Costs: $3,506,000 $2,772,000 Contribution (Developer) ($582.292) ($578.138) (1) . Estimated Total To Assessment: $14,541,061 $13,778,405 For particulars as to the individual assessments and their descriptions, reference is made to Exhibit 3 attached hereto. \\Elmo\mf\SPROJECï\CHULA VlSWillagclAD\Fmat rpt.dot 97 Berryman & Henigar ""-'""-'~"-'---'- ---~.- City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 8 (1) The Developer contribution includes costs that will not be funded by the Assessment District or that will not be reimbursed to the developer. The contribution covers the costs associated with a portion of Paseo Ranchero Drive determined to confer general benefit as discussed in Exhibit 3, "Method of Spread", the cost associated with the benefit conferred to parcels located outside of the Assessment, and special benefrt assessments conferred to school or park parcels that will be paid separately. Summary of Developer Contributions to Meet General Benefit and Public Parcel Buy-downs Special Benefit General Benefit Total Received by School Benefit Received by . Paseo Ranchero Contributions and Park Non-District Parcels Improvements $ 403,737.90 $174,399.74 $ 0 (1) $578,137.64 (1) The General Benefits Confered by the 5th and 6th lanes have been removed from the Assessment District Roadway Estimates - 6. The Method of SDread of Assessment is as set forth in Exhibit 3, which is attached her~o, referenced and so incorporated. Dated: ,1998 BERRYMAN & HENIGAR DENNIS KLlNGELHOFER, P.E. R.C.E. No. 50255 ASSESSMENT ENGINEER CITY OF CHULA VISTA SAN DIEGO COUNTY, STATE OF CALIFORNIA \\Elmo\mf\.SPROJECT\CHULA VlS\VillagelAD\FmaI _ rpt.doc ;?y Berryman & Henigar City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 9 EXHIBIT 3 METHOD AND FORMULA OF ASSESSMENT SPREAD Since the improvements are to be funded by the levying of assessments, the "Municipal Improvement Act of 1913" requires and the statutes provide that asséssments áiust be based on the estimated special benefit that the properties receive from the works of improvement. In addition, Article XIIID, Section 4 of the Constitution of the State of California and "Proposition 218 Omniþus Implementation Act" requires that a parcel's assessment may not exceed the _reasonable cost of the proportional special benefit conferred on that parcel. Section 4 provides that only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits. It also requires that publicly owned property which benefit from the improvements be assessed. Neither the Act nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties which benefit from the improvements rests with the Assessment Engineer, who must be a registered civil engineer in the State of California and who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special and direct benefit which it will receive from the improvements, an analysis has been completed and is used as the basis for apportioning costs to each property within the Assessment District as explained below. Based upon a review of the development conditions, specific plan and environmental studies and upon an analysis of the special and direct benefit to be received by each parcel from the construction of the works of improvement, the Assessment Engineer recommends the apportionment of costs as outlined below. The final authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing, and the tabulation öf the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the co_nclusion of the public hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the estimated special benefits receivedoy each parcel within the Assessment District. Ballot tabulation will be finalized at that time and, if a majority of the ballots weighted by assessment amount are in support of the Assessment District, then the City Council may form the Assessment District. The following sections define the special and general benefits and set forth the lTIethodology used to apportion the costs of the improvements to each parcel, and confirm that the Assessments are reasonable and justified, ...-,../, Berryman & Henigar \\Elmo\mf\SPROJEC1\CHULA VISWillagelAD\Final_ rpt.doc 'fVf -- .... ..._._._-_.~_.---- ---- ---~------_..._- . City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 10 The Method of Apportionment sections are organized as follows: A. Improvement and Incidental Benefit Components A-1 Roadway · Paseo Ranchero and Telegraph Canyon Road · East Palomar Street · Monarche Drive A-2 Utilities A-3 pedestrian Parks A-4 Incidental Costs B. Special Benefits C. General Benefits D. Proportioning Special Benefits · Comparing Land Use Categories · Proportioning Roadway Costs · Proportioning Utility Improvement Costs .. Proportioning Incidental Costs · Summary of Proportioning Rates E. Benefit Zones F. Proclamations · Assessments Equal to or Less Than the Proportional special benefits · Reasonableness and Justification of Assessments · Future Apportionment A. Improvement and Incidental Benefit ComponentS The improvements to be acquired by the Assessment District are necessary for development of the Assessment District parcels and are required by the Otay Ranch SPA One Plan, traffic mitigation conditions established by the City of Chula Vista, development standards and the development conditions of approval. The Otay Ranch SPA Plan mitigation conditions, and master site plans and tentative maps identify and conditional approved the land uses to provide access and utilities. These land use approval documents placed conditions upon the parcels within the Assessment District. Meeting the conditions satisfies specific conditions of \\Elmo\mf\SPROJEcnCHULA VISWillagclAD\Fma.t rpt.c!oc c1Ò Berryman & Henigar City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 11 development so that the project can support its planned land uses. Without the improvements, the parcels within the Assessment District can not be developed to their planned and conditionally approved uses. It is unfeasible and impractical fòr the parcels to be utilized to their highest and best use without the backbone roadways and utilities that will be provided to the Assessment Distñct parcels. A-1 Backbone Roadway Improvement Components The foremost purpose of the Assessment District is to provide backbone road access so the Assessment Distñct parcels can be developed. The most significant and costly improvement is the work associated with the road construction. The road construction has created the need to construct and modify traffic sigmlls, install landscaping and install storm drains to protect the roadway. The roàd and associated costs have been separated into three roadway improvement components for purpose of defining the road~ay costs and apportioning special benefit. The roadway improvement components are: · Paseo Ranchero and Telegraph Canyon · . East Palomar Street (including traffic signal), · Monarche Drive. A-2 Backbone Water, Se~er, Reclaimed Water and Dry ~tility Improvement Components Co-incidental to the roadway improvements, is the necessity to construct certain backbone utility improvements within the roadway ñght of way concurrently with construction of the roadway improvements. These improvements are also to be acquired by the Assessment District, however these improvements provide a different benefit to the properties than the roadway improvements. Therefore water, sewer, reclaimed water and dry utility costs have been separated from· the roadway components for purposes of defining special benefits and allocating costs. A-3 Pedestrian Parks Two pedestrian parks P-3 and P-4 receive special benefit from the Assessment Distñct improvements. These two parks will be privately owned as common space. The special benefit conferred to these areas is re-spread to the surrounding parcels which benefit from the park areas. A-4 Incidental Components In addition to the improvement costs, there are incident~1 construction and Assessment Distñct formation expenses. These costs include: construction administration, construction supervision, design, testing, surveying, assessment engineering, acquisition audit, financial advisors, bond counsel, underwriting,· bond printing, financing cost and establishment of a bond reserve fund. The costs of the formation of the Assessment District has been determined to be eligible for inclusion and is included in the Assessment District incidental costs. \\E1mo\mf\SPRQJEC1\CHULA VISWilla!:elAD\Fmat rpLdoc '1/ Berryman & Henigar . --,,_.,~. City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch,. Village One) Final Engineer's Report - February 10, 1998 Page 12 B. SPECIAL BENEFIT The purpose of this Assessment District is to provide public improvements required to serve the Assessment District Properties. Special benefit is received by each parcel within the boundaries of the Assessment District from roadway access and the availability of utility services that are required and necessary for the properties to develop to their highest and best use. The special benefit conferred to the parcels within the Assessment District from the proposed improvements include: increased development potential, relief from access constraints, improved accessibility to utilities, increased property values, fulfillment of development mitigation conditions and ensuring investment returns. The benefit to each parcel is such that the parcel will be allowed to gain access to a public street - network and have water, sewer, reclaimed water, electric, gas, telephone, cable service made available to the area as a result of the installation ofthe improvemènts. . A parcels land use directly influences the property's development potential, dwelling unit yield and demand for utility services. Special benefit is conferred to the parcels by the Assessment District improvements that increase the property values and furthers the development potential of the Ass-essment District parcels. Special benefit accrues to each parcel to be subdivided and served by the facilities to be constructed. Since the area of assessment has not been mapped into individual lots at this time, the assessments will be placed in total on "master parcels" and apportionment of the assessments will take place as final maps record, There are fifteen (15) parcels in the Assessment District, and these correspond to the Assessment Parcel Numbers shown on the Assessment Diagram. A portion of Assessment Number 12 is located west of Paseo Ranchero, This area was reviewed to determine if it receives special benefit and should be included in the Assessment District financing. After reviewing the westerly area and discussing the site with the City of Chula Vista, it was determined that the area can not be developed with the current Assessment District improvements, and that in accordance with the .". current plans for development of' SPA One the area will be required to make improvements of its own beyond the scope of the current Assessment District. This area may be required to construct Paseo Ranchero from East Palomar Street southerly to Olympic Parkway and East Palomar Street within its project area to serve 'the area: The area therefore has not been included within the boundaries of this District. \\E1mo\mf\SPROJECT\CHULA VISWilia.gelAD\Final_ ¡pt.doc /:4" --, Berryman & Henigar &fL-. City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 13 C. GENERAL BENEFIT Some public improvements will confer general benefit to properties or the public at large outside the Assessment District. In making our analysis, a review was conducted of the surrounding areas. The review' resulted in identifying benefits accrued to properties outside the Assessment District which include increased development potential, relief from access constraints and improved regional mobility from the proposed public improvements. - Paseo Ranchero is designated as an prime arterial roadway. Previously, Paseo Ranchero did not exist south of Telegraph Canyon Road. Six lanes are proposed to be constructed. Four lanes are required to serve the estimated 14,000 ADT generated by the Assessment District parcels. Two lanes are required for regional traffic. These two lanes convey general' benefit to persons and. property outside of the Assessment District. The costs associated with the construction of the two additional lanes have been determined to be a general benefit and will not be assessed to parcels within the Assessment District boundary. The City of Chula Vista will only allow the costs associated with the construction of four lanes on Paseo Ranchero to be included in the Assessment District, so the general benefits conferred by the 5th and 6th lanes will not be assessed to the parcels in the Assessment District. Other benefits- are also being conferred to parcels to the east· outside the Assessment District. Approximately 77 single family lots (Neighborhoods R-12 & R-13) between the Assessment District easterly boundary and- La Media will obtain access and utilities from East Palomar Street. These parcels have been included in the benefit analysis and the special benefits conferred to these parcels will be contribUted separately by the developer so that the parcels within the Assessment District are not charged with the special benefit conferred to parcels outside the Assessment District. The Developer is contributing $174,399.74 from other funds for non-eligible and general benefit improvement costs. This contribution meets or exceeds the non-eligible and general benefit costs. Therefore, it has been determined that the assessments will only be levied for special benefits that are conferred to parcels in the Assessment District for eligible improvements. - . \\Elmo\mf'lSPROJECT\CHULA V1SWilb,gelAD\Finat rpt.doc q~ Berryman & Henigar - --- -_._~--~- . City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 14 D. PROPORTIONING SPECIAL BENEFITS land Use Relationships It has been determined that all developable Assessment District parcels receive special benefit from access and availability of utility services. The following land use categories describe the relative relationships of special benefit and land use categories. · Residential - Residential parcels, including single family, and multi-family uses, will be compared on a planned unit basis. The number of planned units used for assigning costs and benefit have been obtained from land use approvals as modified and agreed upon by the City and as identified in the Otay Ranch SPA One Plan, on approved tentative maps, final maps, approved site plans, or on a City accepted land use application, which ever is most recent. · Commercial Parcels - Commercial parcels will be assessed by net acreage of the parcel. Net acreage is a parcels gross acreage less proposed or dedicated public roadwäy easements and dedicated or proposed open space easements, · Community Purpose Facility - Community purpose facility parcels will be assessed by net acreage of the parcel. · Park Parcels - Active Park areas developed for community recreational purposes will be assessed by net active acreage. Area that are passive have been determined not to receive special benefit because they do not require access or utilities. Passive areas could have existed without the proposed improvements. As required b'y provisions of Article XIIID ot'the State Constitution public property that receives special benefit must also be responsible for the special benefit conferred to them. · School Parcels' - Proposed, active and developed school areas will ~Iso be assessed by net active acreage. As required by provisions of Article XIIID of the State Constitution public property that receives special benefit must also be responsible for the special benefit conferred to them. · Open Space - Non-active and undeveloped open space areas do not receive benefit from the works of improvements and will not be assessed. Open space areas are those areas that are deeded or perpetually designated in easements, \\Elmo\mf\SPROJECT\CHULA VISWi1lagclAD\Final rpt.doc /:i' / Berryman & Henigar .'A1/ . City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 15 Proportionate Special Benefit of Roadway Improvements Costs The use and need of roadway improvements is a function of the number of vehicle trips per day generated by the use of the land served by the streets. Traffic engineers have developed traffic generation factors which are related to development density and type of land use. The most pertinent and reasonable variable b~tween properties is the estimated vehicle trips potentially generated by a parcel. The potential number of trips generated by a parcel, reflects the relative importance and reliance on access for a parcel's value relative to the number and importance of trips generated by other parcels. . Average daily trip generation is an appropriate and reasonable basis upon which special benefit may be measured. Therefore, average daily trips (ADT) has been selected as the measure of roadway component special benefit. Traffic engineers and The San Diego Association of Governments have developed traffic generation factors which are related to development density and type of land use. Traffic generation factors are an appropriate basis for the apportionment of roadway improvements and related costs among the specially benefited parcels. To establish a basis for allocating roadway costs, we have reviewed the Traffic Study prepared by Cottonl Belandl Associates for Otay Ranch SPA One, San Diego Association of Governments (Sandag) "Trip Generation Manual", the-City of Chula Vista's DTIF Ordinance, Institute of Traffic Engineer's ITE "Trip Generation Data", "Real Estate Market & Feasibility Studies", authored by G. Vincent Barrett and John P. Blair, and "Property Development", authored by John McMahn, and all documents provided by the City of Chula Vista and the Village One Developer. - Based upon our review and analysis the following analysis was made. Initially we considered using the City's Development Transportation Impact Fees (DTIF) trip generation rates and the Environmental Study's Trip generation rates, however these factors do not necessarily represent special benefrt relationships associated with the roadway improvement component costs to be allocated. Trip Generation Factors for Roadway Improvements Sinale Familv Residential ( Six or less Dwellina Units Der Acre) Trip Generation Berryman & Henigar recommends assigning 10 Average Daily Trips (ADT) per. detachea single family dwelling, as recommer¡ded by the 1996, Sandag Trip Generatioh Manual. The Village One single family dwelling detachea densities are 4 or more pwellings per acre, and the Village One product types are similar to the Sandag study areas. \\Elmo\mf\SPROJECT\CHULA VISWillagelAD\Fmat lpLdoc iÇ Berryman & Henigar City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 16 Multi-Familv Residential ( Seven or more Dwellinq Units per Acre) Trip Generation Berryman & Henigar recommends using 6 or 8 ADT per attached dwelling unit for multi-family properties. 6 ADT per unit represents the 1996 Sandag trip generation rate for more than 21 dwelling units per acre and 8 ADT for 6 to 20 dwelling units per acre respectively. Multi-family land use will also include alley type products if their density exceeds 6 dwelling units per acre, Commercial TriD Generation As described in the SPA Planning documents, the commercial zone consists of two adjacent sites of 11.5 acres. The developer has' represented that the commercial development will consist of less than 75,000 square feet. The SPA describes the . - purpose of the commercial zones to serve th~ Village One planning area. The commercial sites will not have visual or direct accessibility to regional arterial streets, which will limit its ability to attract a regional customer base or passerby trips. The Village One development concept is to encourage pedestrian accessibility and plàce the commercial zone in proximity to high density residential developments. The 1996 San Diego Associations of Govemments (Sandag) Vehicle Trip Generation Manual defines this type of commercial zone as "Neighborhood Commercial". According to Sandag's studies, this category of commercial can be expected to generate an average of 1,200 vehicle trips per acre per day. This trip generation rate applied to the 11.5 acre commercial site would result in 13,800 trips per day. The SPA refers to the Village One commercial areas as the "Village Core District". The purpos~ of the Village Core District is to: provide office uses, retail stores, service establishments and wholesale businesses offering commodities and services required by the residents of the Village or adjacent villages. This suggests that the majority of commercial trips will be generated from the residential areas within Village One and they wilrnot significantly generate trips on Paseo Ranchero or East Palomar Street. The following steps were accomplished to analyze the benefits conferred by the roadway improvements to this unique commercial zone. 1. Commercial Category Type The most appropriate category for the commercial site within Village One is pedestrian commercial. Neighborhood commercial is characteriz~d by less than 100,000 square feet, nornially consisting of a supermarket and drugstore, less than 10 acres, and serving a population range of 5,000 to 10,000. 2. ADT Generation Rate The Village One population base will be 5,000 or less. The population served will influence the commercial property's trip generation rate. If the average trips per acreage is 1,200 ADT for a population range of 5,000 to 10,000, then it is reasonable to assume that the lower range of population 5,000 would result in fewer trips than the average of 1,200 ADT. For Village One an adjustment in trip generation is appropriate. \\Elmo\mf\$PROJECT\CHULA VIS\Viliagel AD\Fmal_ rpLdoc ~/;, Berryman & Henigar City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 17 Using proposed build-out of 75,000 SF plan and the Sandag driveway trip rate of 120 ADT/1,000 SF, 75,000 SF will generate 9,000ADT, equating 9,000 ADTs to the available commercial acreage yields 783 ADT/acre. An ADT of 800 ADT per acre is recommend. 3. Trip Distribution Because a property generates drivewav trips, does not mean that all of those trips will utilize a particular street improvement component. For this reason we reviewed the probable commercial trip distribution pattems to determine how many of the driveway trips will use or benefit from the three roadway components. From the Tentative Map it is apparent that the commercial trip origins and routes for the residential areas do not require or need East Palomar Street for access tothe comm~rcial zone. Based on Real Estate Market & Feasibility Studies, the primary trade- area - for a neighborhood shopping center will be within a 0-5 minute zone by automobile and this zone will represent 57% of the customers.. 25% of the customers will be within 5-10 minutes. Approximatély 65% of the ADT will not use East Palomar Street for access to the commercial properties and 35% will use East Palomar Street. Of the 800 ADT, only 280 ADT would use or benefit from East Palomar Street. Paseo Ranchero will only encountering about half of the East Palomar Street vehicles or 140 ADT. We therefore recommend using 280 ADT for weighing the proportional benefits associated with East Palomar Street and 140 ADT for Paseo Ranchero for the commercial sites. CPF Community Purpose Facility Trio Generation The City of Chula Vista Municipal Code requires 1.39 acres per 1,000 population for community purpose facilities (CPF). 14.6 acres in Village One has been designated for CPF uses. These uses are more restrictive then other commercial zoning- and do not readily correlate to the 1996 Sandag Manual of Traffic Trip Generation Rates. The actual CPF uses are not known at this time. The permitted uses include: Commercial Recreation, Snack Bar and Refreshments within a building, temporary uses, uses serving the community such as boy or girl scouts, social and human services, homeless and senior care, worship, daycare and ancillary or private schools, and nursery schools or day nurseries. These uses generate several different trip generation possibilities. Day care 70 ADT/1,000 SF, Church, 40 ADT/Acre. After reviewing the possible uses with the City of Chula Vista and property owners, we are recommending an average per acre trip generation of 65 ADT'per acre-. The permitted uses in this category will serve a greater area than the commercial neighborhood zoning, so the adjustments applied to the neighborhood commercial have not been applied to the CPF zone. \\Elmo\mf\SPROJECTICHULA V1SWillagelAD\FlIIat rpt.doc a7 Berryman & Henigar --_._._.~ _ _ _____._...__ .·._m.._____..__·_______~__,··· City OfChula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 18 School Zone TriD Generation Benyman & Henigar recommends a ADT rate of 50 ADT per acre for East Palomar Street and Monarche Drive, which represents an average of the Sandag ADT rates for education uses, as established in the 1996 Sandag Trip Generation Manual. Because of the school's central location in the Assessment, Village One Planning area and its service area, none of the school's student and parent trips will use Paseo Ranchero. Only the school's administrative and service vehicles will use Paseo Ranchero which account for approximately 20% of the schools total trip generation. An ADT rate of 10 ADT per acre is recommended for Paseo Ranchero because only 20% of the school's trips will use or impact this roadway. Park Trip Generation Benyman & Henigar recommends an adjusted ADT rate of 20 ADT per acre for the community. park. Because of the location of the Village Core Park (P-1) and ~. neighborhood park (P-2) service areas, the usage and driveway trips will not all be directed to Paseo Ranchero and East Palomar Street.. The pedestrian-parks (P-3 and P-4) within the private street communities will only serve those localized residential areas and as such only 5 ADT per acres shall be assigned to these areas' as established in the 1996 Sandag Trip Generation Manual. The benefit and allocated costs will be reassigned to the areas utilizing the pedestrian-parks Proportionate Special Benefit of Utility Improvements Costs For the utility improvement benefits conferred, the most pertinent and reasonable variable between properties is the estimated daily demand for each service. The basic unit for measuring relative demand shall be a detached single family home, which shall be established as the basic equivalence for measuring other land use categories' demand for service. Domestic Water The water demand of a parcel directly influences the property's development potential and dwelling unit yield. The special benefit a parcel receives from the water improvements is related to the .estimated average daily demand for water. A average single .family detached dwelling with an average residency of 3.5 with a per capita daily metered water use of 150 gal equ~ls an average of 525 gallons per day per EDU. .'.. Multi- family dwellings have greater lot coverage and corresponding less water dema.ncf per capita. This considered with a lower estimated occupancy of 3.0 persons per unit results in a 15% lower demand for occupancy and an additional 25% less water demand for less irrigated surfaces and outdoor water uses results in 0.63 EDUs. Using . an average 525 gallons per EDU, commercial and community public facilities are estimated to demand 2,255 gallons per day, or 4.3 EDUs, schools and active parks that have a higher percentage of irrigated area utilize approximately 2,890 gallons per acreage, or 5.5 EDUs. The water EDU factors are summarized in the generation table at the end of this section. \\Elmo\mf\SPROJEcnCHULA VISWiIlagelAD\Fmat rpI.doc 4:;( Berryman & Henigar City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 19 Sewer . The costs of sewer trunk mains have been spread throughout the benefit area on the basis of estimated sewage effluent generation rates for the land uses permitted. Sewer generation. rates were estimated based on population multipliers used to project sewage flow. It is estimated that 80 gal per capita per day of sewer effluent will be generated. The average occupancy for single family detached homes is estimated to be 3.5 persons per dwelling or 280 g/dlDU and·3.0 persons per dwelling for multi-family attached homes or 240 g/d/DU. Therefore the average estimated generation rate of a multi-family is 0.85 EDUs. The sewer generation rate for schools, commercial and community purpose facility uses are estimated to generate 2,240 gallons of effluent per acre, resulting in 8 EDUs per. Community parks generate approximately 1,100 gal per acre and parks 550 gal per acre or 4 and 2 EDU per acre respectively. The sewer EDU factors are summarized in the generation table at the end of this section. Reclaimed Water The costs of the back-bone reclaimed water distribution system have been spread throughout the benefrt area on the basis of EDUs. Reclaimed water does not have the same type of demand and benefit relationships as domestic water because according to the Otay Ranch SPA One report, the reclaimed water system is provided as a back- up irrigation water system to the project area. The system is being constructed as a condition· of development. The special benefrt· from the back-bone reclaimed water system is the availability of a secondary irrigation system, satisfaction of a development - . condition and the increase in property value resulting from the satisfaction of the condition. A property's size, whether the parcel can use the water, and· the percentage of landscaped area influence the parcel's secondary water irrigation availability benefit. The reclaimed water EDU factors considering the various benefit relationships are summarized in the generation table at the end of this section Dry Utilities The telephone, natural gas, electric and cable backbone utilities benefrt all developable parcels and have been spread among the benefiting parcels on the basis .of EDU demand factors that SDGE has developed for planning purposes. Although SDGE maintains detailed demand criteria, their information is proprietary and not ayailable to . the ·public. Thè demand relationships used in this District were estimated. based on general discussions with SDGE planners and have been determined to represent ~easonable demand relationships for dry utilities. The resulting dry utility EDU factors are shown on the following summary. \'Ehno\mf\SPROJECT\CHULA VISWilIagclAD\Finat rpt.doc ~q Berryman & Henigar ________m'__m____._..... ,_ .. .__.'"'_.______.._~.._.___ City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 20 In accordance with City of Chula Vista policy and Federal Tax Law, a 5 percent of the total bond proceeds cap has been set on bond proceeds to finance public utilities (electric, gas, telephone and cable TV), The cost associated with utility construction that exceeds the 5% cap will be funded by other developer sources. -, .. \\EImo\mf\SPROJECT\CHULA VISWi1lagelAD\Fmat rpt.doc loa Berryman & Henigar City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 21 Summary of Special Benefit Proportionina Factors Land Use Density I ADT Wet Utilities EDUs Dry Descriptions Utilities Roadwav Water Sewer Reclaimed Single Family, 3-8 DUI AC 10 I DU 1 1 1 11 DU Detached Multi-Family, 7-19 Dut AC 8/QU 0.63 0,85 0.74 0.81 DU Attached Multi-Family, 20 or More Dut 6/DU 0.63 ·0.85 0.74 0,81 DU Attached AC Commercial Paseo Ranchero 140 lAC 4.31 AC 8/AC 6.15 lAC 101 AC Allocation Commercial East Palomar 280 lAC 4.31 AC 8/AC 6.15 I AC 101 AC Allocation CPF 65 I AC 4.31 AC 8/AC 6.15 I AC 101 AC School East Palomar 50 I AC 5 lAC 8/AC 6.751 AC 51 AC Allocation School Paseo Ranchero 10 I AC 5 lAC 8/AC 6.751 AC 5/AC Allocation Park P-1 & P-2 20 I AC 5.51 AC 4/AC 4.751 AC 51 AC Community Park P-3 & P-4 5/AC 5.51 AC 2/AC 3,751 AC ·2/AC Pedestrian Incidental Costs The costs of formation of the Assessment District have been determined to be eligible for inclusion in the Assessment District. Incidental ami financing costs have been assessed on a pro-rata basis relative to the improvement costs associated with each parcel. E, BENEFIT ZONES Recognizing that some areas will benefit in varying degrees from the construction of the Monarche Drive improvements based upon their proximity and improved access to \\Elmo\mf\SPROJECT\CHULA VlSWilIagelAD\Final_rpt.doc /0/ Berryman & Henigar ~.. -.....----.--.-- --_....~---~--- .__~____...__.._..._~_m City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 22 public streets, an overlay zone has been established for the purpose of apportioning the Monarche Drive improvements. The two (2) benefit zones and the benefits each classification of properties within each zone are described as follows: Benefit Zone 1 - Benefrt Zone 1 includes all' parcels within the Assessment District boundaries. All of these parcels receive equal benefit from selViceability and proximity to the roadway and utility improvements. The property values of these properties will increase due to the improvements availability. Benefit Zone 2 - Benefit Zone 2 is an overlay zone that includes the parcels located north of East Palomar Street. The parcels located within Zone 2, benefrt from the improved access provided by the extension of the local collector Monarche Drive into Zone 2. Property values in this zone will increase over and above other parcels within the Assessment District that do not receive improved access and enhanced localized utility selVices. F. PROCLAIMA TIONS Assessments Equal To Or Less Than The Proportional Special Benefit The special benefit received from the Assessment District improvements exceeds th~ assessment allocated tò each parcel. The improvements provided will increased the value of each of the parcels by more than the assessment levied. To ensure that the assessments will be equal to or less than the proportional special benefrt, a review was made of similar properties in the offices of COMPS InfoSystems, Inc..· It was found that the average sales history per square foot prior to the construction of backbone improvements versus after the improvements has increased in an amount greater than the costs of the assessments per square foot. Reasonableness And Justification Of Assessments It is well known and understood, by the development community that public infrastructure is required for raw land to develop to its highest and best use. After the passage of Proposition 13 and AB 1600, the development community understands and is compel1ed to provide its own public infrastructure without burdening existing properties. The amounts of the assessments proposed to be levied accounts for approximately 15% of the finished developed parcel's values. A review of other developments has shown that this percentage is consistent with the costs of providing backbone access and utilities to raw land in similar developments. Future Apportionment Of Special Benefit Special Benefrt will accrue to each parcel to be subdivided and selVed by the facilities to be acquired. Since the area of assessment has not been subdivided into finished lots at this time, the assessments will be placed on "master parcels" and apportionment of \\E!moùnf\SPROJECT\CHULA VlS\VìIlagclAD\Fmal_ rpl.doc / I) 7_ Berryman & Henigar City OfChula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 23 the assessments will take place on a phased basis at the time final maps record. There are fifteen (15) "master parcels" in the Assessment District that correspond to the Assessment Parcel Numbers shown on the Assessment Diagram. Exhibit 4 on the following page summarizes the assessment parcel net acres and planned dwelling units used to spread the special benefits. It is the intent of the City of Chula Vista to ensure that the assessment liens and similar land uses have similar assessments and that there not be disparities in assessments from one planning area to the next. If the future subdivision of any master parcel does not yield the projected number of planned units The City reserves the right to require upon. application of assessment reapportionment, that a portion of the outstanding assessment be paid to ensure that the assessments remain consistent within and between the planning areas. All reappç¡rtionments will be required to be subject to current City of Chula Vista polices and procedures. '.\E1mo\mf\SPROJECT\CHULA VlSWiUagelAD\Finat rpt.doc 10 '2 Berryman & Henigar . ./' - - .'.---- ---- -~_.._----_.__.,.- City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 24 EXHIBIT 4 Parcel Data Net Trip Generation Asmt ParceL Data Acres Units Factors 1 Med. Density Res, (SFD) 23,08 86 10 ADTI Unit 2 Med. Density Res. (SFD) 13.40 81 10 ADTI Unit 3 Med. Density Res. (SFD) 10.59 75 10 ADTI Unit , 4 Med. Density Res. (SFD) 19.69 94 10 ADTI Unit ~. 5 Med. Density Res, (SFD) 14,84 72 10 ADTI Unit - 6 High Density Res. (MFD) 6.53 160 6 ADTI Unit 7 Park P-1 11.40 - 20 ADT/Acre Park P-4 0.85 - 5 ADTlAcre 12.25 - 8 Med, Density Res. (SFD) 12.13 61 10 ADTI Unit 9 Med. Density Res. (SFD) 13.72 57 10 ADTI Unit Park P-3 2.10 - 5 ADT/Acre 15.82 57 10 High Density Res. (MFD) 7,16 168 6 ADTI Unit 11 School S-1 10.35 50 IAcre (Paseo Ranchero) 10/Acre .-. 12 Mixed 205.69 1,802 (varies) \\Elmo\mf\SPROJECT\CHULA VlSWilIagc1 AD\FmaJ _ IpLdoc l(l~ Berryman & Henigar ~t~l;g82=1~~~t~;ê~_: ~ ... · · · ~~!I . : ~1.õiHA.~'~'IHHU' '. ~~m I Ii I ~ ~-!! S ~§ I fi ...... ....::., m" ~ ...... ..=..-.... :! fi::= " · " U M____________M_______M_ U_ - - - - -.. !! - ; 88888~::::8h.:~1.'1B8 88881885: 282 · · ~ O· ~1.~¡~=~~;~..=I;~~~¡tiog! ..,~ ~ 0 · ~:~ !i ".. N. · 1_____::1!!:~__~::~______~00~ ... · · !!!!t! .! ... 0.... ';0.. 0 0 ggÔ · ; ; ; ,.¡,.¡.. · ~1~õ=~~R=;~~~II~_il= , ... · · · IH.. 8 ¡ · ~~HIH'¡¡UU~¡¡UHIi' '. .H ~ ¡; g " U¡J ~ ~ · ! 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G ~ f. ~ :;8- . . ~ ~ !i ii~;~I~ it g~i~~~i~~~~; ';-tt ~ ~ ;¡ 0 =.r~ -;:~ ~ & 0 !J _ 0: ~ ----------------------- -oo - - - - --- " ~~:z~8!ã~~iA~~i~~ o¡¡ ! · !.e_'T a~~~i¡¡a.I.¡s!~~i! ~,.: 0 ~ ~~ · 151: !:£ ~ ..: 0 u ~t"':l fo ----------------- -- · tÑ!~a~8B~~;:IÑ;gga;::~Bs~ lI!~iSI · · · ~I!III · ã¡ ¡¡.<.!¡¡¡.i"¡¡~¡¡.I¡"...~¡¡~ R!'!' ~ ¡ II ~¡¡¡ ~ Uo ". !: Igl~¡I~o;:~·§~g¡¡¡.S¡¡.g·i ~8f· !.~ ;: · :!::tt ! ----------------------- --- · - · - oo- · R~~~8~~'~I~il~N8t::;~~Ñ;:: 0.. I · :;Q~ · E: 1¡¡.¡¡ag~~..¡¡I.I.ai.~¡¡.~~ ua II ;¡ l I is!i f Ii ::~~~~. ~. ~.:~~g.~~m...~ ¡:'i¡:ig ¡:f ;; · · ....:t/i .- --~-------------------- --- · - - - oo- - ¡¡ ::m~~!~~;~g=~:~~. · !1 ¡¡¡!~I~.·.i~~~¡gl. Ii .........ø.......: .....: ",¡",:.........ø · ~ :Ii _______..._________ - - ~œlllt~_~~!eœ~~œ:;~~g:;~~Ñ;:: ;OBI!! I · :;~t:; · ¡¡ - ~.Hg¡¡..U..¡;;~H..¡¡U. HII II ~ ~ ~ Wi.~~ ; i ~::~~~=.. .... ~''':::!i ~~IIÕ~~.....t ¡:'i¡:ig ¡:f · . _", ww . em ----------------------- -oo - - - - -oo H - ; 8~88~81:188!i~~8~8~88IU!:~! ... · · · · B8R ~Ii: e 1;;~_~~II!...:eli>..~¡¡;e:e~__:e;¡¡e!~ ..¡¡it ~ · · ~ ::i:¥i ~~ "-- 11 .. ., .... ... · · · 22", .: -----0"'''''--''''0'''------0--0 DUO · ~~...=k~~R~..2D~-~~~~; III ... ª · · '::8 · §i·~·~~:·i:~·ia·~:ia' '. E;:~ ¡ I ~~~ § !I . ,N. .'"'. .".11"" .c;. .Iõ. .~ "! .1=;. .. !tI. · · D 2....~..:.. ~~-~.......:..~~ ~ g:~ · 0 · . . · " ~ ----------------------- --- - - - - --- - . 0 · ¡¡ ':;~~~m3~~~~~~~~,~ · a H ~EI.i~<·,.~~aE¡¡! I · .........:.....:~..: ...:..: ~..:.....:...:ø "I ----------------- - . - - ..... <t" If'" .. .'"- -........ _ ...-_ c"".... ... ..... .. _~.. .~, 'N ! ,iE:.i .,.. .1i:,'T~ ....~~~----oJ--------'-.~~~~~~. !'~ ~ŒŒŒŒ~~~Œ~~~..Œ~ŒêêêŒi êŒêêêêêêouOuutttt~ s 0 /t1v, City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 27 EXHIBIT 6 Assessment Roll Assessment I Assessor's I Preliminary I Confirmed Number Parcel Number Total Assessment Total Assessment 1 642-071-01 $574,132.65 . $544,002.88 2 642-071-02 I $540,752.841 $512,374.81 I I 3 I 642-071-03 $500,697.07 . $474,421.12 I I , I I $627,540.33 $594,607.80 4 I 642-071-04 I I $480,669.191 5 642-071-05 I $455,444.27 I 6 I 642-071-06 I $658,612.06 $623,825,81 7 I 642-071-07 I $0.001 $0.00 , I· 8 , 642-071-08 $407,233.62 $385,862.51 I i I 9 I 642-071-09 I $380,529.78 $360,560.05 10 642-071-10 I $691,542.671 $655,017.10 11 I 642-071-11 I $O,OO! $0,00 , I I ! 642-071-12 I 12 641-080-01 $9,679,351.60 I $9,172,289.85 I 642-090-01 i i \\E.!mo\mf\SPROJECT\CHULA VISWillage1AD\Fmat rpLdoc /;;7 Berryman & Henigar . --- .---..-- City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 28 EXHIBIT 7 Proposed Maximum Annual Assessments Preliminary Confirmed Assessment Assessor's Maximum Annual Maximum Annual Number ¡ Parcel Number Assessment Assessment 1 I 642-071-01 I $68,895.92/ $65,280.35 2 i 642-071-02 I $64,890.341 $61,484.98 3 642-071-03 I $60,083.651 $56,930.53 4 I 642-071-04 I $75,304.841 $71,352.94 5 I 642-071-05 I $57,680.30 I $54,653.31 : I I 6 r 642-071-06 $79,033.45 i $74,859.10 . , I 7 ! 642-071-07 I $0,00 I $0,00 I 8 642-071-08 I $48,868.03 ¡ $46,303.50 I I 9 642-071-09 I $45,663.57 I $43,267.21 I . I 10 i 642-071-10 I $82,985,12 $78,602.05 i i I' 11 ¡ 642-071-11 i $0,00 $0.00 I '. I I 642-071-12 I ¡ I . 12 641-080-01 I $1,161,522.19 i $1,100,674,78 642-090-01 I These estimated annual assessments are based on the maximum legal interest rate of 12% per annum. They do not reflect current market conditions or the probable annual assessments. \\Elmolmt\SPROJECT\CHULAVISWin.gcIADlFinal_'PLdo, / cJ ?' Berryman & Henigar City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Vi/lage One) Final Engineer's Report - February 10, 1998 Page 29 ANNUAL APPORTIONMENT OF ASSESSMENT INSTALLMENTS Under the provisions of the City of Chula Vista Assessment District Procedural Ordinance (the" Procedural Ordinance"), the City Council may, in the Engineer's Report prepared pursuant to Streets and Highways Code Section 10204 and the Procedural Ordinance, establish an annual method of apportionment of the assessment installments on the properties within an assessment district. While each of the properties within the Assessment District No. 97-2 (Otay Ranch, Village One) will, upon formation of the Assessment District, confirmation of the assessments and ordering of the acquisition of the public improvement, receive the benefit described in "Method and Formula of Assessment Spread" above, the realization of such benefit, Le., the ability of the properties to be developed by their owners sooner than other properties will consequently realize their full benefit sooner than t!1ose properties developing later in time. Therefore, in recognition of this staggering ofthe realization ofthe benefit, the annual assessment installments will be apportioned in acéordance with the following procedures: (1) The City Treasurer shall determine the amount necessary to be collected from annual assessment installments, taking into account other funds on hand and available for such purpose, to pay the principal of and interes~ on the outstanding improvement bond of Assessment DistrictNo. 97-2 (Otay Ranch, Village One) during each fiscal year ("Annual Debt Service Requirement"). (2) Based upon the Annual Debt Service Requirement, the City Treasurer shall next calculate the annual assessment installment for each parcel of land which has been created through the recordation of a final subdivision map or final parcel map commonly referred to as a "Map" or for which a building permit has been issued if such parcel has not been created through the recordation of such a map ("Developed Parcels"). (3) To the extent that the aggregate assessment installments for all Developed Parcels (the "Developed Parcels' Aggregate Assessment Installments") is less than the Annual Debt Service Requirements for any fiscal year, the City Treasurer shall calculate annual assessm.ent installments for each remaining parcel for which the assessment is unpaid on a pro-rata basis among all such remaining parcels (collectively, the "Remainder Parcels' Annual Aggregate Annual Assessment Installments") so that the sum of the Developed Pa~cels' Annual Aggregate Assessment Installments plus the Remainder Parèels' Aggregate Annual . Assessment Installments equals the Annual Debt Service Requirement for the fiscal year. (4) To the extent that the Developed Parcels' Aggregate Annual Assessment Installments exceeds the Annual Debt Service Requirement for any fiscal year, the /1") , Berryman & Henigar \\EJmo\mf\SPROJEcnCHULA VISWiIlagelAD\Finat rpLdoc -"- --------------.-...--..-". _.._~--_._~.._--- - .-------.- - - ~."..,_.__._--------_._._---~_._.._.- _."~.__._-_.__...__.__._-- City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10. 1998 Page 30 City Treasurer shall reduce such Developed Parcels' Aggregate Annual Assessment Installments on a pro-rata basis so that the Developed Parcels' Aggregate Annual Assessment Installments was modified will equal the Annual Debt Service Requirement for such fiscal year. ')0,. . \\Elmo\mf\SPROJECT\CHULA VISWillagelAD\Fmat rpLdoc /If) Berryman & Henigar City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 31 FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER The undersigned, acting on behalf of Berryman & Henigar, hereby finds and determines as follows: A. The' proportionate special benefrt derived by each parcels proposed to be assessed has been detennined in relationship to the entirety of the costs of the improvements to be funded from the assessment proceeds of the Assessment District. 0 Bo No assessment is proposed to be imposed on any parcel which exceeds the reasonable cost of the proportional special benefrt conferred on that parcel. C. Only special benefits have been assessed, and . .- D. Parcels within the District that, are owned or used by any public or private agency, the State of Califomia or the United States and which receive a special benefit from the improvements have been assessed accordingly. In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the estimated special benefits that each parcel receives from the works of improvement. Dated: ,1998 BERRYMAN & HENIGAR DENNIS KLlNGELHOFER, P.E. R.C.E. No. 50255 ASSESSMENT ENGINEER CITY OF CHULA VISTA SAN DIEGO COUNTY, STATE OF CALIFORNIA 0 \\Elmo\mf\SPROJECT\CHUl.A VIS\Villa~elAD\FJJ:l3.t tpt..doc //1 Berryman & Henigar - - --- --- -"---..-- . ..._---,,-- City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 32 I, Beverly A. Authelet, as CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the day of ,1998. CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA I, Beverly A. Authelet, as CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA dg hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF CHULA VISTA, CALIFORNIA, on the day of ,1998. CITY CLERK· . CITY OF CHULA VISTA STATE OF CALIFORNIA I, Beverly A. Authelet, as CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was approved and confirmed by the City Council of said City on the day of ,1998. CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA .. I, John P. Lippitt, as SUPERINTENDENT OF· STREETS of the CITY OF CHULA VISTA, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was recorded in my office on the _ day of , 1998. SUPERINTENDENT OF STREETS' CITY 01= CHULA VISTA STATE OF CALIFORNIA \\Elmo\mf\$PROJECT\CHUl.A VlSWillagel AD\FmatrpLdoc //2- Berryman & Henigar City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10. 1998 Page 33 Part IV Annual Administrative Assessment A proposed maximum annual administrative assessment shall be levied on each parcel of land and subdivision of land within the Assessment District to pay for necessary costs and expenses incurred by the CitY of Chula Vista, and not otherwise reimbursed, resulting from the administration and collection of assessments and/or from the administration or registration of any bonds and reserve or other related funds. This maximum assessment hereinafter,sefforth is authorized pursuant to the provisions of Section 10204(f) of the Streets and Highways Code, and said maximum assessment shall not exceed five percent (5.0%) of the annual assessment per individual assessment parcel per year. The annual administrative assessment will be collected in the same manner and in the same installments as the assessment levied to pay for the cost of the works of improvement. \\Elmo\mf\SPROJECT\CHULA VISWillagelAD\Finat rpLdot //3 Berryman & Henigar ----- ..-.-...--.-"' City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 34 Part V Diagram of Assessment A reduced copy of the Assessment Diagram is attached hereto. Full-sized copies of the Boundary Map and Assessment Diagram are on file in the Office of the City Clerk, of the City of Chula Vista. As required by the Act, the Assessment Diagram shows the exterior boundaries of the Assessment District and the assessment number .assigned to· each parcel of land corresponding to its number as it appears in the Assessment Roll contained in Part III. The Assessor's parcel number is also shown for each parcel. as they existed at the time of the passage of the Resolution of Intention and reference is hereby made to the Assessor's Parcel Maps of the County of San Diego for the boundaries and dimensions of each parcel of land. The Assessment District Parcels are described below: 1. Parcels 1 through 11 and a portion of parcel 12 of Parcel Map No. 17901, recorded in the County Recorders Office, San Diego County, California. 2. A portion of Assessor Parcel Number 641-080-01, north of Olympic Parkway, immediately east of Paseo Ranchero. 3. A portion of Assessor Parcel Number 642-090-01, north of Olympic Parkway, west of La Media Road. \\Elmo\mt\SPROJECT\CHULA VlS\Vill.a2ClAD\FinaJ mtdoc 1/1/ RF!rrvm"'n R. I-I""ni"",r - l . ! ~ ~ I ~ . ~~ ~ " Vl03" Yl h\ ~;; ;;:1 ~i'5 o¡ ~~ "'ill ' \ ~ -'~ ' ~ W I _< Uo .. C C::t; :.. wZ ~w : \ 5È õ ¡ ';.'~Nm ~~ ! \ t' ð~ ' .. '" ~>- ' ... ~~ Z \ ~ ~ !£B I ":.ol::t: u¡U I .. ~ :::Ew ¡ s \ ,'2. ¡s~ ...: &!.~ .. ¡Øo> Co r r::: .. \ z~ ' '. \ < I ..... V) a:: i ' "'\..~ ~~ ' .... WI- : ~ z~ I T. I-e: : ~ C::[f) : 7- eõ L__ ___ _. .---- "'" ! -,\ ~~ '@ , ' N , ' - , , , , ¡ Z' );~ , -. - : 1. . , . % , - o , - '~ ' 0 >- '- ~ , ~ N-< : ~ ~ - W!j¡ : ,1 ~ ~ - ; z:o ! - % 0 , 00 ¡ J ~ .5- Nm '.. ®. ' . '" , -"-'r-rl ;; ~ ,,~~ : .,~ ) . : 5 ." ~ :.,... , tî ~ ~ .~~~ "., ~'ª~~~~ \ ~- ",,,,,,, . ,... , ~z__ I ¡¡ I ê! , i U ~ . -. -. - g~j ~ ~ai ~ ;~i õ %6;;; :z g!iie N ~. I ~a 1"- (J) g ~ ,,~. ~ tj .~O~ ·~C CO 15~~ ~ w W~~~U"'U '" o Z z iEO::;~W6~ I~ '" -< ~~ ~,"w C;; " Z'O '" ~ lI~~ ·w~~ ¡;j I'! w ~ ~~ ¡;¡~~ iE lI"l! " . ~ < ~ ~~w ~~~ ~ . i!'~ ~ '" ~ We - ~ "O'iE ~~~ ~ I:;~~~ w < ~ (:> z ~ ~ ¡;~::; . ~ .1~50 ~ CO U <0: >- CO , ~ ,,;E. ~ ~ ~ _ '" ~ '" " ...J ~z 0 ~ ... ~~~ ~~~ , .::;", < -...J ~~" '",~_ ~ lI~" õ 0::: - 15;:¡ 0 I ~ ~~~ '1i1š" ~ Q ;;5 §'" I .~~ 00 , ':""" ,,, ¡ ,¡, .., .' " 0 0 . . ". .>., 0 . . ~ lfJ:r: ..;:... a ~~" ~u;"''''~~i5 ,,\5 ,,1~,1š ~~~ .!'. 'ou '0 '. "'''',", " ,,~ ,0, ,. V) Z ;;: I.&J i3:;:: ""~ CH....II} I"',,, ~<S II ::;~5~ ~lI~ :z: t . .. . "..'00"..." . .. . . ,~.,~ ,. .,~ '.' ¡-: \," <"1 ", . < Z::J t....:ñ "I I.oJ 0 "'011) u~2: U ~ I u õ 50~ " >- :x: o,,~ all" ~~~'""'~:5 tt~ II "lI", ~~~ .1 W. 0 e,' "", ',.. 00. '0'.. , , "Õ, " 00. ¡,~.!", .1 H, . !. ¡ lfJ~ .. ~~~,,~~~ '" _or ,"0 . "" '" ""'" ',I", ~, u ,t ~b~~::>~or :;:~ ~~~5 "-" WlfJ ~" ~t'È~:{;¡ _¡¡'~,,~,,~ .._....__ I.oJW,,- ~D:S3t ~w Jlr- lfJ ¡¡'iEo .., <J:: City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 36 Part VI Description of Facilities Section 10100 of the Act provides for the legislative body of any municipality to finance certain capital facilities and services within or along its streets or any public way or easement. The following is a list of proposed improvements as allowed under the Act to be constructed, installed, maintained, repaired or improved under the provisions of the Act. For the location of the improvements to be constructed referenced is hereby made to the Plans and Specifications described in Part I of this report. The proposed improvements include: ~. The acquisition andlor construction of certain public street improvements being Paseo Ranchero (4 of 6 lanes) from Telegraph Canyon Road to· East Palomar Street, Telegraph Canyon road (1 east bound deceleration lane), East Palomar Street (4 lanes) from Paseo Ranchero. Road extending easterly approximately 6,700 linear feet and Monarche Drive (2 lanes) loop extending approximately 1,970 linear feet. The work of improvement generally consist of the hard and soft costs required including demolition and road grading, the relocation or reconstruction of public improvements, roadway improvements, including curb and gutter, sidewalks, medians, paving, a new traffic signal at Paseo Ranchero Road at East Palomar Street, a traffic signal modification at Paseo Ranchero Road at Telegraph Canyon Road, street lights, signage and striping; installation of slope and erosion control, slope and median landscape and irrigation, sanitary sewer, storm drain, water mains, reclaimed water, dry utilities including underground electric, telephone,gas, cable TV within the public streets and easements and other appurtenances and appurtenant. The following Facility Maps identify the location of the street facilities, domestic water facilities, sewer facilities, reclaimed water facilities, and dry utilities. Pas eo Ranchero, is designated as a prime arterial roadway. Currently, Paseo Ranchero does not exist south of Telegraph Canyon Road. p'lanned roadway .'.- improvements generally consist òf the hard and soft costs required to clear, grade and construct Paseo Rancho, from Telegraph Canyon Road to East Palomar Street. Six lanes are proposed to be constructed as part of the project however only four lanes will be funded by the Assessment District. The costs associated with the construction of Paseo Ranchero, including grading, subgrade preparation, sub base, asphalt pavement, curbs and gutters, medians, street lighting, storm drainage, traffic control, striping and landscaped slopes and medians are required for the development of the Assessment District parcels. The City of Chula Vista has an policy not to include grading costs for slopes necessary for the construction of Assessment District roadways, if that grading is also necessary and incidental to the \\Elmo\mflSPROJECT\CHULA VlSWi1Iage1AD\Finat rpt.doc 110 Berryman & Henigar City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 37 creation and the development of private parcels. Therefore the City of Chula Vista has determined that the slope grading outside the street right of way along the east side of Paseo Ranchero will not be included in the Assessment District. Each developable property accrues equal benefit to the street system and is therefore treated equally in terms of the assessment spread. The total cost of the street improvements will be divided by the total number of trips generated by lots for a total cost per ADT for street improvements. 2. East Palomar Street, Phases 1 through 3- East Palomar Street will include four 1anes, from Paseo Ranchero to the easterly Assessment District boundary. - The work includes clearing, grading within the street right of way, sub-grade preparation,"sub base, asphalt pavement, curbs and gutters, medians, street lighting, storm drainage, landscaped slopes and medians, traffic control and striping within the public streets and easements and other appurtenant works as shown on the plans. This work will be accomplished in two phases, phase one will be from Paseo Ranchero to Monarche Drive Easterly Intersection, and phase two from Monarche Drive Easterly Intersection to the easterly Assessment District boundaries. These improvements will provide a special and direct benefit to properties within the Assessment District since they will provide access and allåw development to the highest and best use, increasing the value of the properties. Each property will have access to the public street network via the construction of this internal backbone street. Each developable property accrues equal benefit to the street system and is therefore treated equally in terms of the assessment spread. The total cost of the street improvements will be divided by the total number of trips generated by lots for a total cost per ADT for street improvements, - 3. Monarche Drive Monarche Drive is a . local collector -that provides direct access to the public community park, school parcels, and peripheral streets. The work includes clearing, grading within the street right of way, subgrade preparation, sub base, asphait pavement, curbs and gutters, medians, street lighting, storm drainage, landscaped slopes and medians, traffic control and striping within the public streets and easements and other appurtenant works as shown on the plans. Those parcels north of East Palomar Street that gain their only access by-way of Monarche Drive receive special benefit from the improvement due to the access they obtai~. Each developable property accrues equal benefit to the street system and is therefore treated equally in terms of the assessment spread. The total cost of the street - improvements will be divided by the total number of trips generated by lots for a ,total cost per ADT for street improvements. 4. Traffic Signal at Paseo Ranchero and East Palomar Street A new traffic signal will be provided to serve the Assessment District parcels. The traffic signal includes a traffic controller, poles, signal heads, loop detectors, conduit and appurtenant work which specially benefit those areas which are using the \\Ehno\mf\SPROJECT\CHULA VlSWilla¡e1AD\Fmatl'PLdoc 1// Berryman & Henigar .._._---~ --.-,._.-_._-~--- -,---_.-_.__.._-~~----- --_._-_._-_.~--_."-,, City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, ViI/age One) Final Engineer's Report - February 10, 1998 Page 38 signals for gaining safe access onto the major streets. For specific areas gaining safe access onto the arterial street network, the special benefit is wholly provided to the areas accessing, which are the entire Assessment District areas. 5. Modification to the existing Traffic Signal at Telegraph Canyon Road and Paseo Ranchero on the boundary of the Assessment District is considered to be a special benefrt to those parcels in the adjacent development, which are required to improve the signals as a condition of development. The existing signal, previously constructed, is considered to provide the general benefrt component of the traffic signals. The modification is required to increase the intersections capacity to accommodate the new trips of the Assessment District parcels. The work consists - of modifying the existing signal including replacing poles, mast arms, loop detectors and appurtenant work. 6. Utility Backbone Systems (water, sewer, electric, telephone, gas, cable TV and reclaimed water) are required to service the Assessment District. The proposed utility 'system will require further extensions to .serve individual parcels, so all parcels benefit from the backbone system. This work consist of trenching, backfill, connections to existing utilities, valves, blow-offs, conduits, conductors, hand holes, street resurfaCing, and appurtenant work: The private dry utility work will be capped at 5% of the total bond issue. . .. \\Elmo\mf\SPROJECTICHULA VlS\ViIIBge1AD\FinaJ_ rpt.doc JI p-' Berryman & Heniqar I ~ z i ~ I III , - vIm" '('J, ~vi e: ~ I ~~ !~ ~8 ..", ~- co ~i "'U> !5!5 U>~ 5% '"8 C;" w ~w z co~ : ~~ .. .. ",a: !¡!~ ;:¡~ ~t! !!;~ ~iS ~ '" => m __z__\ , N I ~~~~ "- 5a~~ ,- IIII m a:¡~~ -. .... ¡¡, ~ . ..- å~ ~ i ¡¡;UU ~ Zo ~ Ii"''''...... Ii å r-~ ~ i Lliiii~i z ü~ r- ~h~hHHI C:::::! -I ~ Ii 1.3UU~1 (L :ñ~ u I g~gggg~1 <::( -û <{ <C ........N""...NNo;;. Clzu... 111'1 2 < ! ¡ Ip - !Za:: ti i I I 1! 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Engineer's Report - February 10, 1998 Page 44 RIGHT-OF-WAY CERTIFICATE STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA The undersigned, John P. Lippitt, hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true and correct. That at all times herein mentioned, the undersigned was, and now is, the authorized representative of the duly appointed SUPERINTENDENT OF STREETS of the CITY OF CIjULA VISTA, CALIFORNIA. That there have nòw been instituted proceedings under the provisions of Article XIIID of the California Constitution, the "Municipal Improvements Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, arid the City of Chula Vista Municipal Code, which is Chapter 7 of Division H of Title II of the Code of Ordinances of the City of Chula Vista, State of California, as amended, for the c<onstruction of certain public improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 97-2 (hereinafter referred to as the "Assessment District"). THE UNDERSIGNED STATES AND CERTIFIES AS FOllOWS: It is acknowledged that the proposed Works of Improvement must be constructed within public rights-of-way, land, or easements owned by or licensed to the CITY OF CHULA VISTA, County of San Diego, State of California, at the time of the construction of the Works of Improvement, and the undersigned hereby further certifies that all rights-of- way necessary for the Works of Improvements will be obtained and in possession of the City, County, or State prior to the commencement of any construction by the City of Chula Vista. EXECUTED this day of , 1998, at City of Chula Vista, California. Superintendent Of Streets City Of Chula Vista State Of California By: \\E1mo\mf\SPROJECT\CHULA VlSWill.agelAD\Fîml_ IpLdoc /2cí Berryman & Henigar . City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 45 CERTIFICATION OF COMPLETION OF ENVIRONMENTAL PROCEEDINGS STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA The undersigned, under penalty of perjury, CERTIFIES as follows: 1. That I am the person authorized to prepare and process all environmental documentation as needed as'it relates to the formation of the special assessment .-. district being formed pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 97-2 Otay Ranch, Village One (herein afterreferréd to as the "Assessment District"). 2. The specific environmental proceedings relating to this Assessment Distriét that have been completed are as follows: 3. I do hereby certify that all environmental evaluation proceedings necessary for the formation of the Assessment District have been completed to my satisfaction, and that no further environmental proceedings are necessary. EXECUTED this day of .199_, at Chula Vista, California. .... CITY OF CHULA VISTA STATE OF CALIFORNIA \\Ebno\mf\SPROJEcnCHULA VJS\Villai:e1 AD\FmatrpLdoc /;Zç Berryman & Henigar . ._--,. -----------~ City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 46 APPENDIX A RESOLUTION OF INTENTION . - - \\Elmo'unf\SPROJECT\CHULA VIS\VillagelAD\Finat rpt.doc -.":'/ Berryman & Henigar I ·:..J...O RESOLUTION 18582 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, DECLARING INTENTION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICTTO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS FOR THE OT A Y RANCH VILLAGE ONE ASSESSMENT DISTRICT NO. 97·2 TH: CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES H:REBY RESOLVE AS FOLLOWS: SECTION 1. The public interest and convenience require, and.it is the intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act 1913"), to order the acquisition of certain public improvements, together with appun:enances and appurtenant work, in a special assessment district known and designated as ASSESSM:NT DISTRLCT NO. 97·2 (OTAY RANC.H, VILLAGE ONE) (hereinafter referred to as the" Assessment District"). DESCRIPTION OF IMPROV:MENTS TO BE ACQULR:D . - - A. The financing of the acquisition of certain public improvements described as street improvements to Paseo Ranchero (4 lanes) from Telegraph Canyon Road to East Palomar. Street, East Palomar Street (4 lanes) from Paseo Ranchero extending eastward approximately 6700 linear feet and Monarche Drive (2 lanes) loop extending approximately 1,970 lineâr feet. Such improvements shall include grading and site preparation; installation of slop and erosion control, sanitary sewer, storm drain, water, reclaimed water, utility and landscaping improvements; installation of roadway improvements, including curb and gutter: sídewalks, medians, paving, traffic signals,'.street lights, signage and striping; together with appurtenences and appurtenant work. . . B. Said streets, rights·of·way and easements shall be shown upon the plans herein referred to and to be filed with these proceedings.~ C. All of said work and improvements to be subsequently acquired are to be initially installed at the places and in the particular locations, and to the sizes, dimensions and materials, to the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications, all to be made a part of the Engineer's "Report". D·. Thé description of the improvements to be acquired contained in this Resolution is general in nature, and the plans and profiles of the workas contained in the Engineer's "Report" shall be controlling as to the correct and detailed description thereof. DESCRLPTION OF ASSESSMENT DISTRICT SECTION 2. That said improvements to be acquired are of special benefit to the properties and land within the Assessment District, and this legislative body hereby makes the expenses of said work and improvement .chargeable upon a district, which is described as follows: ~ -~-- ---. I?? ..- Resolution 18682 Page 3 ïhe principal amount of the bonds môturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount thôt is equal each year. except for the first year's adjustment. Pursuant to the provisions of the Streets and Highways Code of the - State. of California, specifically Section 1 Q603, the ïreasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. Said bonds further shall be served by the ireasurer or designated Paying Agent. "MUNICIPAL IMPROVEMENï ACï DE 1913" SECïlON 5. ïhat except as herein otherwise provided for the issuance of bonds, all of said jmp~ovements shall be. acquired pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. SURPLUS FUNDS S"CïION 6. ïhat if any excess shall be realized from the assessment, it shall be used. in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. ïransfer to the general fund; provided that the amount of any- such transfer shall not exceedthe lesser of One ïhousand Dç¡llars ($1,000.00) or five percent (5%) of the total from the Improvement Fund; B. As .a . credit upon the assessment and any supplemental assessment; , . C. For the maintenance of the improvement; or D. ïo call bonds. " SPECLAl FUND SECïlON 7. ïhe legislative body hereby establishes a special improvement fund. identified and designated by the name of this Assessment District. and into said Fund monies may be transferred at any time to expedite the making of the improvements herein authorized. and .any such advancement of funds is a loan and shaJl be repaid o"ut of the proceeds of the sale of bonds as aUthorized by law. PROCEEDLNGS INQUIRIES SECïlQN 8. For any and all information relating to these proceedings, includin~ information relating to protest procedure, your attention is directed to the person designated below: ---"--.-- ---- !2f"' --- . i':esolutioõ1 18682 Page 5 Presented by Approved as to form by Q~ /~'I?4- t.hn P. Lippi 1 n M. Kaheny irector of Public Works City Anorney . , , .' .- I-:JQ .. - -..-- -.._- _-0 .. ~___ .._. _._ --~.. . - .. ----- ---. . - -- ---·l-v-T ; ..-.-- -"-'-'."..-- -- ..----.--..--..----- City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 51 APPENDIX B PROPERTY OWNER LIST PROPERTY ASSESSMENT ASSESSOR'S OWNERS NUMBER PARCEL NO. Village Development 1 642-071-01 11975 EI Camino Real, Ste. 104 2 642-071-02 San Diego, CA 92130 3 642-071-03 " 4 . 642-071-04 " 5 642-071-05 " 6 642-071-06 " 7 642-071-07 " 8 642-071-08 " 9 642-071-09 " 10 642.,.071-10 " 11 642-071-11 642-071-12 " 12 641-080-01 642-090-01 \\Elmo\mf\SPROJECT\CHULA VISWi1lagclAD\Finat rpt.doc /~Ò Berryman & Henigar · City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, ViI/age One) Final Engineer's Report - February 10, 1998 Page 51 APPENDIX C HUNSAKER & ASSOCIATES DETAILED COSTS ESTIMATE Note: For purposes of the Assessment District estimate, the Hunsaker estimates for street lighting and street light trenching have been transferred from the dry utility estimates into the roadway ~ estimates. - - .... .- \\Elmo\mf\SPROJECT\CHULA VISWilla~el AD\Final_ rp1.doc /3/ Berryman & Henigar Assessment District 1/13198 Cost Summary CONSTRUCTION COSTS Roadway 7,635,745 Sewer I Water I Reclaimed Water 745,890 Dry Utilities 1,364,108 Traffic Signal 120,000 Sub Total Const Costs 9,865,743 ...... Consultant & Soft Cost . Design Engineering 2,5% 246,644 Soils Engineering 12,0% of grading cost 206,001 Landscape Architecture 5.0% of landscape & irrigation cost 186,954 Surveying & Staking 1,5% 147,986 Utility Engineering 3.0% of dry utility cost 40,923 PerrnitslFeeslBonds 5.0% 493,287 Construction Adm. 1.0% 98,657 Construction Supervision 0.75% 73,993 Construction Contingencies 10.0% 986,574 Sub Total Consultant & Soft Cost 2,481,021 Total Construction Costs 12,346,764 . . . Trtle & Summary.xls ) 2·2 ;r ..P/ Assessment District 1/13/98 Cost Estimate Detail Total GRADING & SITE PREPARATION.......................................................... 1,716,677 STORM DRAINAGE.................................... ...... ............ ............................ 601,706 ROADWAY IMPROVEMENTS.....................,......... ........................ ......... 1,578,273 LANDSCAPE & SPECIAL CONSTRUCTION................ ...... ...... .................. 3,739,089 Total Roadway Improvements 7,635,745 SANITARY SEWERS.................... ............ ................................................ 73,960 WATER DiSTRIBUTION........................... ...... ... ...................................... 396,350 RECLAIMED WA TER........................... ...,..........:............ ...........,___........ 275,580 Total Sewer I Water I Reclaimed Water 745,890 DRY UTlUTIES.......................................................................................... 1,364,108 TRAFFIC SIGNALS....... .............. ................. ...... ............ ................ 120,000 TOTAL 9,865,743 ~ Title & Summary.xls /33 _~m._.____ Assessment District 1/13/98 Cost Estimate Detail Paseo East East East East Monarche Monarche Ranchero Palomar" A" Palomar "B" Palomar "C" Palomar "D" Drive "A" Drive "8" GRADING .._________..._____ ...__........__... 1,210,476 279,846 7,062 164,616 6,750 7,670 38,235 STORM DRAINAGE___......__.__............. 200,222 162,202 23,000 115,120 12,000 35,090 54,072 ROADWAY IMPROVEMENTS............. 345,658 263,221 227,201 320,961 276,911 33,131 111,190 lANDSCAPE .____.________.. __. .__u.... ........ 1,375,823 722,215 509,343 565,640 459,166 24,000 82,900 Total Roadway Improvements 3,132,179 1,427,484 766,626 1,166,339 756,829 99,891 286,397 SANITARY SEWERS.........____.......... 58,260 15,700 WATER DISTRIBUTION.............__... 130,950 121,900 128,550 14,950 - RECLAIMED WA TER........._______........ 68,600 84,700 81,350 21,450 19,460 Sewer I Water I Reclaimed Water 257,810 206,600 - 225,600 - 36,400 19,480 DRY UTILmES_......_....................... 274,479 472,459 16,668 448,739 20,224 27,185 1();', 4 TRAFFIC SiGNALS........................ 120,000 3,784,468 2,106,543 783,294 1,840,678 777,053 163,476 410,231 Title & Summary.xls /.~~ Cost Estimate EXHIBIT C 1/13/98 Paseo Ranchero Segment "A" PROJECT Paseo Ranchero AREA: Village 1 PHASE: Segment nAn TOTAL IMPROVEMENTS ................... ...... ..:......... .................. ......... ......... ...."....... 3,784,468 NOTE: Paseo Ranchero From Telegraph Canyon Rd. To East Palomar. This estimate is for four lane construction Paseo Ranchero.xls page1/35 Cost Estimate EXHIBIT C 1/13/98 Paseo Ranchero Segment "A" GRADING & SITE PREPARATION............".""..."...""...". 1,210,476 SANITARY SEWERS................. ...... '............."...., .............. 58,260 STORM DRAINAGE................................. ............ .....,.......... 200,222 WATER DiSTRIBUTION......... no........................... ............. 130,950 RECLAIMED WATER DISTRIBUTION..:...."........................." 68,600 ROIillWA Y IMPROVEMENTS................... ..."....". ...... ...." 465,658 UTILr(lES............................................"........"................ ..... 274,479 LANDSCAPE & SPECIAL CONSTRUCTION......................... 1,375,823 TOTAL: 3,784,468 . Paseo Ranchero.xls Page 2 /37 , Cost Estimate EXHIBIT C 1/13/98 Paseo Ranchero Segment "A" GRADING AND SITE PREPARATION Site Prenaration Clear And Grub 19,0 AC 300 5,700 MobiflZation (29% of Mass Ex.) 29% LS 130,000 37,700 Unclassified Excavation '2.1 Mass Excavation 796,706 CY 0.91 725,002 Deduct for Compaction 796,706 CY (0.25) (199,177) AlluviumITop Soil R&R 15,600 CY 0.77 12,012 Buttre,~s & SIODe sfabili7ation [1J StabiflZation Fill 310,000 CY 1.05 325,500 -. Back Drain Panels 140,150 SF 0.70 98,105 Back Drain Pipe 4" 5,100 LF 10.00 51,000 Outlet·Pipe 6" 1,500 LF 6.00 9,000 Finish 635,640 SF 0.070 44,495 Canyon Subdrain 8" 800 LF 16.00 12,800 Construction Water 1,122,306 CY 0.060 67,338 Water Meter (29%) = - 29% LS 15,000 4,350 Brow Ditch 1,850 LF 9.00 16,650 TOTAL GRADING AND SITE PREPARATION.............................................. 1,210,476 [1] Buttress & Slope Stabiiization quantifies are for westerly slope only [2] Unclassified Excavation quantifies are from easterly ROW to westerly slope along Paseo Ranchero The total grading quantity from slope to slope is 1,101,050 CY The total grading quantity from ROW to ROW is 469,079 CY SANITARY SEWERS MAIN IINFS 8" PVC 2,070 LF 18.00 37,260 .... APPURTFNANCFS Manholes 8 EA 2,000 16,000 Remove And Replace Pavement 400 SF 10 4,000 Traffic Control 1 LS 1,000 1,000 , TOTAL SANITARY SEWERS......................................................................... 58,260 Paseo Ranchero.xls Page 3 136 _.._-~~-_.- -_._------_..-.__.,--,~,. . Cost Estimate EXHIBIT C 1/13/98 Paseo Ranchero Segment "A" STORM DRAINAGE [1] ElE£ 18" RCP 271 LF 30 8,130 24" RCP 207 LF 36 7.452 42" RCP 1,243 LF 80 99,440 54" RCP 562 LF 100 56.200 . INLETS OUTLETS Clean Out (Type A-4) 6 EA 2,500 15,000 Curb Inlet (Type B-1) 4 EA 3,000 12.000 Type"F" Catch Basin 1 EA 2,000 2,000 .. TOTAL STORM DRAINAGE...............................................:........................ 200,222 [1] Storm Drain required if AD Roads were constructed and no other development was planned , . . .. Paseo Ranchero.xls Page4 (2 I""' .,:/7 " Cost Estimate EXHIBIT C 1/13/98 Paseo Ranchero Segment "A" WATER DISTRIBUTION EœE . 12" Class -; 50 130 LF 25 3,250. . - 16" Class 150 2,100 LF 45 94,500 VA' VES 12" 4 EA 1,300 5,200 16" 4 EA 2,500 10,000 APPURTENANCES Fife Hydrant 2 EA 2,000 4,000 Air And Vacuum Release Valve 1" 3 EA 1,000 3,000 Air And Vacuum Release Valve 2" 2 EA 1,000 2,000 tie Into Existing 1 EA 3,000 3,000 Remove And Replace Pavement 500 SF 10 5,000 Traffic Control 1 LS 1,000 1,000 TOTAL WATER DiSTRIBUTION..................................................................... 130,950 r<ECLAIMED WATER DISTRIBUTION EœE 8~ Class 150 100 LF 19 1,900 10" Class 150 2,000 LF 22 44,000 VAL VES 8" 2 EA 1,05a. 2,100 10" 2 EA 2,100 4,200 WATER MFTER LATERAl S 2" 4 EA 1,450 5,800 . APPURTENANCES Air And Vacuum Release Valve 2" 2 EA 1,800 3,600 Tie Into Existing 1 LS 2,000 2,000 Remove And Replace Pavement 500 SF 10 5,000 TOTAL RECLAIMED WATER DiSTRIBUTION.............................................. 68,600 Paseo Ranchero.xls Page 5 /~O ""---"'-"-,'---"'-'- Cost Estimate EXHIBIT C 1/1.3/98 Paseo Ranchero Segment "A" ROADWAY IMPROVEMENTS CURB AND GUTTER 6" Curb And Gutter 3,740 LF 4.65 17,391 . 6" Curb Only 3,740 LF 4.10 15,334 Sub Grade Prep 7,980 SF 0.10 798 R & R Curb and Gutter on T.C.R. 500 LF 10.00 5,000 SUB TOTAL CURB & GUTTER 38,523 FLA 7WORK Sidewalk 25,480 SF 1.18 30,066 Pedestrian Ramp 6 EA 75 450 Sub Grade Prep 27,480 SF 0.10 ~ 2,748 R & R Sidewalk on T.C.R, 2,000 SF 5.00 10,000 SUB TOTAL SIDEWALK 43,264 PA VEMENT AND PARKWA YS 4" AC /14" AB (4 lanes only) 143,250 SF 1,50 214,875 Pavement on T.C,R,( Rttum lane) 5,200 SF 1,50 7,800 Sub Grade Prep, +/- .5 148,450 SF 0.08 11,876 OTHER STREET IMPROVEMENTS Street Name Signs 2 EA 220 440 Other Signs 12 EA 220 . 2,640 Traffic Signal (no signal head or ann) . 1 EA 80,000 80,000 Traffic Signal Modification 1 EA 40,000 40,000 Traffic Signal Interconnect 2,000 LF 10,50 21,000 Survey Monuments 8 EA 315 2,520 Barricade 100 LF 20 2,000 Striping 2,400 LF 0.30 720 SUB TOTAL PAVEMENT AND PARKWAYS 383,871 TOTAL ROADWA Y IMPROVEMENTS.............................................................:.. 465,658 Paseo Ranchero.xls Page 6 /c;L1 Cost Estimate EXHIBIT C 1/13/98 Paseo Ranchero Segment "An UNDERGROUND UTILITIES TRENCHING Joint Trench 2,100 LF 60 126,000 Trench Only 600 LF 5.00 3,000 SUB TOTAL TRENCHING 129,000 STREET lIGHTS Pole And Double Luminaria 6 EA 2,278 13,668 SUB TOTAL STREETLIGHT 13,668 UTILITY FEES SDG&E line extention fee 1 LS 131,811 131,811 SUB TOTAL UTILITY FEES 131,811 TOTAL UNDERGROUND UTILITY................................................................. 274,479 LANDSCAPE AND. SPECIAL CONSTRUCTION LANDSCAPE Slope La!1dscape (Westerly Slope only) 510,775 SF 1,50 766,163 Parkway Landscape 56,280 SF 3.50 196,980 Median Landscape 8,680 SF 3.50 30,380 Median Hardscape 16,120 SF 7.50 120,900 Repair Median Landscape on T.C.R. 1 LS 5,000 5,000 Entry / Tree Grove 1 LS 125,000 125,000 Pari<way Trees (3 every 30 LF) 219 EA 600 131,400 SUB TOTAL LANDSCAPE 1,375,823 TOTAL LANDSCAPE AND SPECIAL CONSTRUCTION.................................... 1,375,823 Paseo Ranchero.xls Page 7 /c;/ 2 ______'_ ____"_.u.__'_____··_ Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "A" PROJECT East Palomar AREA: Village 1 PHASE: Sellment "A" TOTAL IMPROVEMENTS ............ ,.....".... ........,...... ....., ............ ............... .., ........... 2,106,543 NOTE; East Palomar Street North Half From Paseo Ranchero To P-1/ R-21 Palomar Segment fuels Page 1 , f~" j '. """,' , - Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "A" GRADING & SITE PREPARATION.""".............................. 279,846 STORM DRAINAGE"..".............."....:..................... ............. 162,202 WATER DISTRIBUTION...... ...... ......... "................ ..."....".. 121,900 RECLAIMED WATER DiSTRIBUTION............""""".............. 84,700 ROADWAY IMPROVEMENTS."...".....":,,. ..,......... ......... ,:. 263,221 UTlUTlES...................""""""".........".......... ......".......... ,c". 472,459 lANDsCAPE & SPECiAl CONSTRUCTION..."....."............. . 722,215 - TOTAL: 2,106,543 ~....- Palomar Segment Axis Page 2 jt/~. .' . (,. Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "A" GRADING AND SITE PREPARATION . Site Preoaration Çlear And ~rub 12,5 AC 300 3,750 Mobilization (8% of Mass Ex) 8% LS 130,000 10,400 Unr:las,~ilïed Excavation . Mass Excavation 177,068 CY 0,91 161,132 AlluviumITop Soil R&R 55,000 CY 0.77 42,350 Rnish 432,720 SF 0.070 30,290 Canyon Subdrain 6" 1,200 LF 14.00 16,800 - Constrúction Water 232,068 CY 0.060 13,924 Water Meter (8% of Mass Ex.) S% LS 15,000 1,200 TOTAL GRADING AND SITE PREPARATION............................................. 279,846 STORM DRAINAGE [1] ElEE 1S" RCP 569 LF 30 17,070 24" RCP 772 LF 36 27,792 30" RCP 1,045 LF 44 45,980 36" RCP 179 LF 60 10,740 42" RCP 114 LF SO 9,120 INI FTS OUT! ETS - Clean Out (Type A4) 11 EA 2,500 27,500 Curb Inlet (Type B-1) S EA 3,000 24,000 ....""< TOTAL STORM DRAINAGE........................................................................ 162,202 [1] Stoan Drain required if AD Roads were constructed and no other development was planned Palomar Segment Axis Page 3 -- 'ÇI; I -' Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "A" WATER DISTRIBUTION ElEE. . 10" Class i 50 300 LF 21 6,300. . 12" Class 150 3,050 LF 25 76,250 VALVES 10" 7 EA 1,050 7,350 12" 10 EA 1,300 13,000 APPURTENANCES Fire Hydrant 5 EA 2,000 10,000 Älr And Vacuum Release Valve 1" 5 EA 1,000 5,000 Älr And Vacuum Release Valve 2" 4 EA 1,000 4,000 TOTAL WA TER DISTRIBUTION..................................................................... 121,900 RECLAIMED WATER DISTRIBUTION ElEE. 6" Class 150 400 LF 17 6,800 8" Class 150 3,050 LF 19 57,950 VALVES 6" 6 EA 600 3,600 8" a EA 1,050 8,400 APPURTENANC~S - . Älr And Vacuum Release Valve 2" 2 EA 1,800 3,600 2" Irrigation Service 3 EA 1,450 4,350 TOTAL RECLAIMED WA TER DiSTRIBUTION.............................................. 84,700 . Palomar Segment A.xls Page 4 /1/ /.--' -"¡'---;../ -.---------. Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "A" ROADWAY IMPROVEMENTS CURB AND GUTTER 6" C¡¡rb And Gutter 2,950 LF 4.65 13,718 6" Curb Only 2,950 LF 4.10 12,095 Sub Grade Prep 5,900 SF 0.10 590 SUB TOTAL CURB & GUTTER 26,403 FLA TWeJRK Sidewalk 29,500 SF 1.18 34,810 Pedesbian Ramp 10 EA 75 750 Sub Grade Prep 29,500 SF 0.10 . 2,950 SUB TOTAL SIDEWALK 38,510 .. PA VEMENT AND PARKWA YS . 4" AC 114" AB 101,170 SF 1.50 151,755 Sub G'rade Prep. +/- .5 101,170 SF 0.08 8,094 OTHER STREET IMPROVEMENTS Street Name Signs 2 EA 220 . 440 Other Signs 5 EA 220 1,100 Traffic: Signal Interconnect 3,000 LF 10,50 31,500 Survey Monuments 8 EA 315 2,520 Barricade . 100 LF 20 2,000 Striping 3,000 LF 0,30 900 SUB TOTAL PAVEMENT AND PARKWAYS 198,309 . TOTAL ROADWA Y .IMPROVEMENTS.............................................................. 263,221 Palomar S~gment A.x!s Page 5 J :I --? · Co:;t Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "A" UNDERGROUND UTILITIES TRENCHING Joint Trench 3,720 LF 60 223,200 Trench Only 600 LF 5.00 3,000 SUB TOTAL TRENCHING 226,200 STREET lIGHTS . Pole And Double Luminaria 6 EA 2,278 13,668 SUB TOTAL STREET LIGHT 13,668 UTILITY FEFS . SDG&E Une Extenfion Fee 1 LS 232,591 232,591 SUB TOTAL UTILITY FEES 232,591 TOTAL UNDERGROUND UTILITY................................................................. 472,459 LANDSCAPE AND SPECIAL CONSTRUCTION LANDSCAPE Slope la'ndscape 85,000 SF 1.50 127,500 Parkway landscape ( within ROW) 37,000 SF 3.50 129,500 Parkv;ay landscape ( in public open space lot) 23,500 SF 1.14 26,790 1/2 Transit area landscape 63,675 SF 1.00 63,675 Entry IT ree Grove 1 lS 125,000 125,000 Palm Trees (3 every 40 IF) 222 EA 525 116,550 Parkway Trees (3 every 40 LF) 222 EA 600 133,200 SUB TOTAL LANDSCAPE 722,215 TOTAL LANDSCAPE AND SPECIAL CONSTRUCTlON...._............................................... 722,215 Palomar Segment A.xis Page 6 /1/6 "- ---.----.- -_..._--,,--_.".._.~.~- Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "B" PROJECT East Palomar AREA Village 1 PHASE: Seomen! "8" TOTAL . IMPROVEMENTS ................. ...... '.................... .................. ,"m..... ..'m....... 783,294 - NOTE: East Palomar Street South Half From Paseo Ranchero To P-1/ R-21 · · · Palomar Segment B,xls Page 1 ~~ / .~ Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "B" GRADING & SITE PREPARATION"....".."......................." 7,082 ·STORM DRA1NAGE."""""":......"""".........,, ............... ..."" 23,000 ROADWAY IMPROVEMENTS"""......""...... ,,:......... ......... 227,201 UTILITIES....:.."""".."....""""""".......".. .............."..... ........ 16,668 LANDSCAPE & SPECIAL CONSTRUCTION.""..."......"....... 509,343 TOTAL: 783,294 Palomar Segment B.xls Page 2 I~ ----- - -- ---- --~_._.._.~------~.,---- Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "B" GRADINGAND SITE PREPARATION Finish 101,170 SF 0,07 7,082. TOTAL GRADING AND SITE PREPARATION..........,................................ 7,082 . STORM DRAINAGE ElE.E 18" RCP 200 lF 30 6,000 INLETS OUT! ETS Curb Inlet (Type B-1) 5 EA 3,000 15,000 Headwall 1 EA 2,ÓOO 2,000 TOTAL STORM DRAINAGE........................................................................ 23,000 - . ...."'" Palomar Segment B.x!s Page3 ¡§7 CQst Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "B" ROADWAY IMPROVEMENTS CURB AND GUTTER 6" Curb And Gutter 2,950 LF 4.65 13,7~8 . 6'" Curb Only 2,950 LF 4.10 12,095 Sub Grade Prep 5,900 SF 0,10 590 SUB TOTAL CURB & GUTTER 26,403 FLA TWORK Sidewalk 29,500 SF 1.18 34,810 Pedestrian Ramp 10 EA 75 750 Sub Grade Prep 29,500 SF 0.10 2,950 SUB TOTAL SIDEWALK 38,510 PA VEM>=NT AND PARKWA YS 4" AC 114" AB 101,170 SF 1.50 151,755 Sub Grade Prep. +/-.5 101,170 SF 0,08 8,094 OTHER STREET IMPROVEMENTS Street Name Signs 2 EA 220 440 Other Signs 5 EA 220 1,100 Striping 3,000 LF 0,30 900 SUB TOTAL PAVEMENT AND PARKWAYS 162,289 TOTAL ROADWA Y IMPROVEMENTS............................................................... 227,201 - . . Palomar Segment S.xls Page 4 /~2 _.__.__._"--..._.._---_..~-_. Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "B" UNDERGROUND UTILITIES TRENCHING Trench Only 600 LF 5,00 ·3.000 SUB TOTAL TRENCHING 3,000 STRFFT LIGHTS Pole And Double Luminaria 6 EA 2,278 13,668 SUB TOTAL STREET LIGHT 13,668 TOTAL UNDERGROUND UTILITY................................................................. 0# 16,668 . LANDSCAPE AND SPECIAL CONSTRUCTION LANDSCAPF Slope Landscape 85,000 SF 1.50 127,500 Parkway Landscape ( within ROW) 37,000 SF 3,50 129,500 1/2 Transit area Landscape 63,675 SF 1.00 63,675 2" frrigation Meter Fee 1 LS 22,168 22,168 Palm Trees (2 èvery 40 LF) 148 EA 525 77,700 Parkway Trees (2 every 40 LF) 148 EA 600 88,800 SUB TOTAL LANDSCAPE 509,343 TOTAL LANDSCAPE AND SPECIAL CONSTRUCTION.....................,.............. 509,343 Palomar Segment B.xls Page 5 IÇ~ Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "C" PROJECT East Palomar AREA: Villaoe 1 PHASE: Se¡¡ment "C" TOTAL IMPROVEMENTS .........,.. .., ... ......... ............ ..'''. ............ ... ...... __.... .., .....__..... 1,840,678 NOTE: East Palomar Street North Half Width Improvements from P-1/ R-21 to East Boundry Palomar Segment C.xls Page 1 16t,L -_...._-"-_..~-- -.- --.-...""-'.~-'. --. _.-...~.._-,--._-- Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "C" GRADING & SITE PREPARATION..................................... 164,618 STORM DRAINAGE.........................."" ."...... ............... ....... 115,120 SEWER... ............... ...... ..,............ ." ."...... ...........,... :..... 15,700 WATER DiSTRIBUTION............... .,.... ......... ...... ....., .......... 128,550 RECLAIMED WATER DiSTRIBUTION.................................... 81,350· ROADWAY IMPROVEMENTS................... ............ ...... ...... 320,961 UTILITIES................................................... ............... ... ........ 448,739 LANDSCAPE & SPECIAL CONSTRUCTION.............:..... '..... 565,640 TOTAL: 1,840,678 · · · Palomar S~ment C.xls Page 2 .c:- ¡;- / ") Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "C" GRADING AND SITE PREPARATION Site PrerJaration Crear And Grub 13.0 AC 300 3,900 Mobilization 0.03 CY 138,000 4,140 Uncla,~!;ffied Excavation . Mass Excavation 138,000 CY 0,85 117,300 . Finish 318,480 SF 0.08 25,478 Construction Water 138,000 CY 0.100 13,800 , TOTAL GRADING AND SITE PREPARATlON._........................................ 164,618 STORM DRAINAGE ElEE 18" RCP 700 LF 30 21,000 24" RCP 1,420 LF 36 51,120 , INLETS OUTLETS Clean Out (Type A-4) 6 EA 2,500 15,000 Curb Inlet (Type B-1) 4 EA 3,000 12,000 Curb Inlet (Type B) 4 EA 2,000 8,000 Type "F" Catch Basin 3 EA 2,000 6,000 Headwall 1 EA 2,000 . 2,000 . TOTAL STORM DRAINAGE..._...........................................................;....... 115,120 SANITARY SEWERS MAIN LINES 8"PVC 800 LF 15 12,000 APPlJRTENANCFS . Manholes 2 EA 1,850 3.700 TOTAL SANITARY SEWERS....................................................................... 15,700 Palomar Segment C.xls Page 3 16~ Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "C" WATER DISTRIBUTION E1EE 1 0" Class 150 700 LF 21 14,7'00 12" Class 150 3,650 LF 25 91,250 VAL VES 10" 2· EA 1,050 2,100 12" 5 EA 1,300 6,500 APPURTENANCES Fire Hydrant 5 EA 2,000 10,000 Air And Vacuum Release Valve 1" 2 EA 1,000 2,000 , Air And Vacuum Release Valve 2" 2 EA 1,000 2,000 TOTAL WA TER DiSTRIBUTION..................................................................... 128,550 RECLAIMED WATER DISTRIBUTION E1EE 6" Class 150 200 . LF 17 3,400 8" Class 150 . 3,650 LF 19 69,350 VALVES 6" 3 EA 600 1,800 8" 2 EA 1,050 . 2,100 APPURTFNANCFS .-..., 2" Irrigation Service 2 EA 1,450 2,900 Air And Vacuum Release Valve 2" 1 EA 1,800 1,800 TOTAL RECLAIMED WATER DISTRIBUTION.............................................. 81,350 Palomar Segment C.xls Page 4 (57 Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "C" ROADWAY IMPROVEMENTS CU~B AND GUTTER · 6" Curb And Gutter 3,500 LF 4.65 16,27-5 6-Curb Only 3,500 LF 4.10 14,350 Sub Grade Prep 7,000 SF 0.10 700 SUB TOTAL CURB & GUTTER 31,325 FLA TWORK Sidewalk 35,000 SF 1.18 41,300 Pedesbian Ramp 9 EA 75 675 · Sub Grade Prep 35,000 SF 0.10 3,500 SUB TOTAL SIDEWALK 45,475 PA VEMENT AND PARKWA YS 4"AC 114" AS 125,000 SF 1.50 187,500 Sub Grade Prep. +1-.-5 125,000 SF 0.08 10,000 OTHE=R STREET IMPROVEMENTS · Street Name Signs 2 EA 220 440 Other Signs 5 EA 220 1,100 Traffic: Signallnterc:onnec:t 3,500 LF 10.50 36,750 Survey Monuments 14 EA 315 4,410 Barricade 146 LF 20 2,920 Striping 3,470 LF 0.30 1,041 SUB TOTAL PAVEMENT AND PARKWAYS 244,161 TOTAL ROADWA Y IMPROVEMENTS.............................................,................. 320,961 . Palomar Segment C.x!s Page 5 ,,h-~. '- y Cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "C" UNDERGROUND UTILITIES TRENCHING Joint Trench 3,500 LF 60 210,000 Trench Only 400 LF 5.00 2,000 SUB TOTAL TRENCHING 212,000 . STREET LIGHTS Pole And Double Luminaria 8 EA 2,278 18,224 SUB TOTAL STREET LIGHT 18,224 UTILITY FEES SDG&E Une extention fee 1 LS 218,5ß 218,515 SUB TOTAL UTILITY FEES . 218,515 TOTAL UNDERGROUND UTILITY................................................................. - 448,739 LANDSCAPE AND SPECIAL CONSTRUCTION LANDSCAPF Slope Landscape 20,000 SF 1.50 30,000 Parkway Landscape ( within ROW) 39,000 SF .3.50 136,500 Parkway Landscape (in public open space lot) 26,000 SF 1.14 29,640 1/2 Transit area Landscape 72,500 SF 1.00 72,500 Palm Trees (3 every 40LF) 264 EA 525 138,600 Parkway Trees (3 every 40 LF) 264 EA 600 158,400 SUB TOTAL LANDSCAPE 565,640 TOTAL LANDSCAPE AND 'SPECIAL CONSTRUCTION.................................... 565,640 Palomar Segment C.xls Page 6 ..-- /c" 7 ./ ~¡¡C .. .cost Estimate EXHIBIT C 1/13/98 East Palomar Street Segment "D" PROJECT East Palomar . AREA: Village 1 PHASE: Segment "D" TOTAL IMPROVEMENTS __............... ................................................... ................... 777,053 NOTE: East Palomar Street South Half From P1/ R-21 To East Property Line. Palomar Segment D.x!s Page 1 1&0 .___._~ _w._ n_'____ _._--~---_...._..._. City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch. ViI/age One) Final Engineer's Report - February 10, 1998 Page 92 APPENDIX D DEVELOPMENT TRANSPORTATION IMPACT FEE ORDINANCE \\E1mo\mf\SPROJEcnCHULA VIS\ViI1ageIAD\FmaJ _ rpt.doc /0/ Berryman & Henigar ·', ORDINANCE NO. 2580 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING ORDINANCE NO. 2251, RELATING TO '., DEVELOPME.NT IMPACT FEE TO PAY FOR TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES . WHEREAS, in .January 1988, the City Council of the City of Chul.a Vista adopted Ordinance No. 2251 establishing a development impact fee for transportation facilities in the City's eastern territories; and, WHEREAS, pursuant to Ordinance No. 2251 ~ the City has commenced the collection of development impact fees to be used to construct transportation facilities to accommodate .... increased traffic generated by new development within the City's Eastern Territories; and, WHEREAS, pursuant to Section 1 (c) of Ordinance No. 2251 and California Government - Code $ections 66000, et. seq., the City Council has caused a study to be conducted to reanalyze and reevaluate the impacts of development on the transportation system for the City's eastern territories and, to further reanalyze and reevaluate the development impact fee necessary to pay for the transportation facilities which financial and engineering study prepared by City staff, is entitled "Eastern Area Development Impact Fees for Streets' 993 Revision" dated July 13, 1993; and~ WHEREAS, the financial and engineering study and the City's General Plan show that the transportation network will be adversely impacted by new development within the eastern territories unless new transportation facilities are added to accommodate the new development; and, ,-" "..1'! WHEREAS, the financial and engineering studies and the' City's General Plan establish that the transportation facilities necessitated by development in the easte"rn territories comprise an integrated network; and, .j .' WHEREAS, the City Council has determined thatdevelopers of land within the Eastern Territory should be required to mitigate the burden created by development through the construction of transportation facilities within the boundaries of the devefopment, the construction of those transportation facilities outside the boundaries of the development ' , . . which are 'needed to provide service to the development in accordance with City standards and the paYment of a development impact fee to finance the development's portion of the costs of the transportation network; and, WHEREAS, the City Council hereby determines that the legislative findings and determinations set forth in Ordinance No. 2251 continue to be true and correct; and, WHEREAS, on July 27, ',993, the City Council of the City of Chula Vista held a duly noticed meeting at which oral or written presentations regarding the development impact fl;l.II.· r orthrtity's-easterrrterritories-coulct-be 'made;and," ' / t, ;;¿ .------.--.,- ""." "_."._~-----_._- Ordinance No. 2580 Page 2 WH::REAS, after consideration of the evidence presented to it including the "Eastern Areas Development Impact Fees for Streets" study the City Council determined that certain amendments to Ordinance No. 2251 are necessary in order to assure that there are sufficient funds åvailable to finance the transportation facifities necessary to serve the eastern territories '. by the development impact fee; and, WHEREAS. the City Council determines, based on the evidence presented at the meeting; the City's General Plan. and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all dev.elopn''-ent in the easte~n territories for which building permits have not been issued is necessary in order to protect the public health. safety and welfare and in order to assure effective implementation of the City's General Plan; and. WHEREAS. the City Council has determined that the amount of the amended fees levied by this Ordinance does not exceed the estimated cost of providing the transportation ....facifities; and, .'~ WHEREAS, the City Council determines that it is appropriate to resolve the fees for commercial land uses to reflect the fact that many of the trips associated with the commercial land uses are in fact, trips associated with other land uses that incorporate an intermediate stop at a commercial land use (passerby trips); and. ..-~- . WHEREAS, it is necessary to ensure the timely payment of the "DIF program support" 3t item, included in Table 2 "Capital Improvement projects - cost estimate summary" of the financial and engineering study to adequately fund ongoing and future administration activities and studies; and. WHEREAS, the City Council recognizes that reduction of trips from commercial land uses may place an inordinate burden on commercial land uses where public facility assessments have been placed on the affected properties in anticipation of payment of_ transportation fees. and as a result of said adjustment, the proposed fees are now lower than the value of the assessments. .... ...."'" NOW. THEREFORE, the City Council of the City of Chula Vista does ordain as follows: , SECTION 1: That the development impact fee schedule set forth in Section 1 (c) of Ordina-nce No. 2251 shall be, amended on January 1. 1995. to read as follows: //,. ~ Ordinance No. 2580 Page 3 Development Type Transportation Fee Sing1e Family Detached Dwelling $3.998/DWelling Unit SingJe Family Attached Dwelling $3,198/DWelling Unit Multi-Family Dwelling $2,399/DWelling unit . . Commeróal $99,950/Gross Acre Industrial $79,960/GrossAcre Religious Institutional $15,99VGross Acre Go1f Course $3,198/Gross Acre Medical Center $259,B70/Gross Acre ... 01ympic Training Center (OTC) $13,313/Gross Acre Adja~ent to OTC $139,930/Gross Acre .'- . The City Council shall at least annually review the al!1ount of the fee. The City Council may adjust the amount of the fee as necessary to reflect changes in the Engineering-News Record Construction Index,the type, size,locati.on or cost of the Transportation Facilities to be financed by the fee, changes in land use designations in the City's General Plan. and upon other sound engineering, financing and planning information. Adjustments to the above fees may be made by resolution amending the Master Fee Schedule. SECTION 2: That the definition WEastern Territoriesft as set forth in Section 2e ·of Ordinance 2251 is amended to read as follows: ....,.. "Eastern Territories"means that area of.tþe City located between Interstate 805 OJ:! th~ west, the City sphere-of- influence boundary on the east. Bonita Road on the north and the alignment of the proposed extension of East Orange Avenue on the south, as shown on the map . entitled "Devélopable Land Area (Map 11ft of the financial and engineering study. The property known as Bonita Gateway located at the northeast Quadrant of Bonita Road and 1-805 intersection is also included. SECTION 3: That the definition of wFinancial and Engineering studies" as set forth in Section 2f of Ordinance No. 2251 is amended to read as follows: "Financial and engineering studies": means the "Interim Eastern Area Development Impact Fees for Streets" study prepared by George T. Simpson and Willdan Associates /¿,t/ .- - - --~.- ..~~--~ . Ordinance No. 2580 Page 4 - . dated November 1987. the "Eastern Area Development Fees for Streets" study prepared by »'illdan Associates dated November 19, 1990, and the "Eastern '. - Development Impact Fees for Streets - 1993 Revision" study prepared'by City staff dated July 13, 1993, which are on file in the Office of the City Clerk". , SECTION 4: That the list of facilities and programs set forth in Section 3(a) of the Ordinance No. 2251 is amended to read as follows: The transportation facilities and programs to be financed by the fee established by this Ordinance are: ;. 1.* State Route 125 from San Miguel Road to Tel!!"graph Canyon Road. . .--' 2. . State Route 125 from Telegraph Canyon Road to Orange Avenue. . 3. Telegraph Canyon Road from Paseo Del Rey to east of Paseo Ladera/north side. 3a. Telegraph Canyon Road at 1-805 interchange/Phase II. 4.·.. Telegraph Canyon Road - Phase I Rutgers Avenue. to EastLake Bounda(y. 5.·· Telegraph Canyon Road - Phase II Paseo Ladera to Apache Drive. 6. Telegraph Canon Road - Phase III Apache Drive to 5utgers . . . Avenue. , 7. East H Street - 1-805 interchange modifications. B.-· East H Street from EastLake Drive to. SR- 125. 9.'· Otay Lakes Road from Camino del Cerro Grande to Ridgeback Road. 10. Otay Lakes Road from Telegraph Canyon Road to East Orange Avenue. 11. Bonita Road from Otay Lakes Road to Central Avenue. 12. Bonita Road from Central Avenue to San Miguel Road. .-- - ..-- - -- --- -- -..-- ---.------------ --"'--c',Ç: , --- -- ... .--. /,,.....~ Ordinance ND. 2580 Page 5 13. San Miguel Road from Bonita Road to SR-125 .. 14. "Ea~t H Street from State Route 125 to San Miguel Road. 15. Proctor Valley Road (East H Street) from San Miguel Road to Hunte Parkway. 16. Orange Avenue from OleanderAvenue to Sunbow Eastern Boundary. 17. Palomar Street from Oleander Avenue to Sunbow Eastern Boundary. :... 18.·· Telegraph Canyon Road from eastern boundary of EastLake to Hunte Parkway. .---" 19.·· EastLake Parkway from Telegraph Canyon Road to EastLake High School southern boundary. 20. Hunte Parkway from Proctor Valley Road to Telegraph Canyon Road. 21." Hunte Parkway from Telegraph Canyon Road to Club House Drive. 21a. Hunte Parkway from Club House Drive to East Orange Avenue. 22. Orange Avenue from EastLake Parkway to Hunte Parkway. . , 23. Paseo Ranchero Ro~d t~ Telegraph Canyon Road to East Orange Avenue. 24. East Orange Avenue from eastern Sun bow Boundary to Ea!>tLake Parkway. 25. East Orange Avenue - 1-805 Interchange Modifications. 26. East Palomar Street from eastern Sunbow Boundary to Paseo Ranchero. 27. East Palomar Street at 1·805 Interchange. .. 28. Telegraph Canyon Road from Hunte Parkway to Wueste_.__ Road. - ---. ----- .-...-- -. ~---- -..- -'-- ._;-;;, ¿ ._~._._----- --------- n__ -"...-.. - __________m_________________.__ _ Ordinance No. 2580 Page 6 29. East Orange Avenue from Hunte Parkway to Olympic Training Center. . 30. Telegraph Canyon Road from SR- 125 to Eastlake '. Parkway. 31. Eastlake Parkway from Fenton Street to Telegraph Canyon Road. 32. East ':H" Street from 1-805 to Hidden Vista Drive 33. Bonita Road at otay Lakes Road Intersection. 34. Otay Lakes Road at Elmhurst Drive Intersection. .... 35. East "H" Street at otay lakes Road Intersection. ----- 36. Traffic Signal Interconnection - Eastern Territories. 37. Eastlake Parkway from Eastlake High School Southern Boundary to East Orange Avenue. 38. East "H" Street from Paseo Del Rey to Tierra del Rey. 39. Bonita Road from 1-805 to Plaza Bonita Road. . Project is now included in the interim pre·SR 125 transportation facility fee. "Project has been completed. SECTION 5: PAYMENT OF ·DIF PROGRAM SUPPORT". . ., , The "DIF Program Support" shall with no exceptions be paid in cash concurréntly with the development impact fee at a rate equal to 5% of the total applicable fee.. SECTION 6: This section shall become effective concurrent with the date the City Council dete.rmines the interim Pre-SR125 fee to be effective per Ordinance No. 2579. Commercial land uses with street improvement assessments placed on the property shall be eligible for a refund of the amount that the current Transportation Development Fee exceeds the initial value of the assessment placed on the property. Said refund shall be in one of the following forms: -' __n___.~ -- _. - /~/' r ~ Ordinance No. 2580 Page 7 1. Credit against payment of interim Pre-SR 125 DIF fees. 2. Reduction in the value of lien against the property. ¡md assessments associated with such lien. SECTION 7. EFFECTIVE DATE. This Ordinance shall becol)1e effective 60 days after its adoption. Presented by ¡,.. ! ;L~ '-- John P. Lippitt Bruce M. Boogaard - Director of Public Works City Attorney "- . -..- . ' .- ié? 7 , Ordinance No. 2580 Page 8 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of January, 1994, by t~e following vote: AYES: Councilmembers: Fox, Horton, Moore, Rindone, Nader .. NOES: Councilmembers: Nonè ABSENT: Councilmembers: None ABSTAIN: . Councilmembers: None ,). ~/- -- Tim Nader, Mayor '-' ATTEST: Î / /" / / (I i ;,15W(1~4; ({ f,M¡(¡;t. Beverly Á. Authelet; City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO ) ss. . CITY OF CHULA VISTA) ··~I, Bever1y A. Authelet, City Clerk of the City of ChuIa Vista, California, do hereby certify that the foregoing Ordinance No. 2580 had its first reading on December 7, 1993, and its second reading and adoption at a regular meeting of said City Council held on the 4th day of January, 1994. Executed this 4th day of January, 1994. ~~ (! tk£f.l£ Beverly A.lAuthelet, City Clerk j ~. ?' ._/;- , City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 102 APPENDIX E DEVELOPMENT TRANSPORTATION IMPACT FEE RECONCILIATION TDIF. Credit to Assessment District Parcels . . Hunsaker and Associates TDIF Cost Estimate Apportion of the Assessment District Improvements and the developer funded 5th and 6th lanes on Paseo Ranchero will provide regional circulation system improvements that have been determined to be the obligation of future development, including the Village One properties. The City of Chula Vista has established a Transportation Development Impact Fees payable at building permit issuance to mitigate the traffic impacts that future development will place' on the City's circulation system. The Village One Development improvements will construct apportion of the improvements that would have been funded by the DTIF. To ensure that the developer and ultimately the individual property owners are not paying twice for the transportation improvements, the City of Chula Vista desires to recognize the Assessment Di$trict roadway improvements and provide a credit procedure. The City of Chula Vista has reviewed the roadway construction costs for Paseo Ranchero and apportion of Telegraph . . Canyon Road and has determined that $2,154,592 of the TDIF improvements will be satisfied. The City may apply a credit in the amount of $2,154,592 towards the payment of future TDIF that would have been collected at time of building permit issuance. The credit has been applied to the Assessment District parcels in the same manner that the Assessment District parcels were assessed for the Paseo Ranchero improvements. The TDlF credits per parcel are shown on the following page. The estimated credit amounts are subject to final acceptance of the completed improvements and amounts. If the developer is unable to obtain the projected dwelling unit densities in the planning areas the developer may request approval from the City to shift unused credit amounts to subsequent planning areas until the full credit is utilized. The City of Chula Vista reserves the right'to approve, disapprove or conditionally approve any TDIF credit shifting. All TDIF credits shall be applied and recognized in accordance with City of Chula Vista Policies and Procedures. The table on the following page summarizes the TDlF credits on a parcel by parcel basis. \\E1mo\mf\SPROJECTlCHULA VIS\Villagel AD\Fmal_ rpt.doc ~c; Berryman & Henigar .__"n___. -~.._-_._....- City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) Final Engineer's Report - February 10, 1998 Page 102 Summary of Transportation Development Impact Fee Credits I Tentative Map TDlF Estimaød TCIF estimated TDIF I I I I Ordlance Per Ordlance C,",," Due Aftllf I Assessor Parcel I AssBurn I I TDIF Rate ...... on Sp~ ~ed on Credit Net Dwelling Planned Planning Al'8a N be ent Ac:r8ag.l Units Land Use Planned und Assmt. Dlst. . urn r Number Uso Ml'thoc:lology R·1 I 642-071..01 I 1 23.08 86 SF · 3,998.00 $ 343,828.00 $ 81,075.54 I $ 262,752.46 R·2 I 642-o71..Q2 2 13.40 81 SF · 3,998.00 S 323,B38.00 . 76,361.65 $ 247,476.15 R·3 642-071-03 3 10.59 75 SF · 3,998.00 $ 299,850.00 S 70.705.42 $ 229,144.58 R-4 642-071-04 4 19.69 94 SF · 3,998.00 S 375.812.00 S 88,617.45 I $ 287.194.55 R·5 542-071-05 5 14.64 72 SF · 3,998.00 S 287,856.00 S 67,877.20 S 219,978.80 , R·20 642-071-06 , 6 6.53 '60 MF · 2,399.00 S 383,840.00 $ 90,502.93 $ 293,337.07 R·8 I 642-071-08 8 12.13 61 SF · 3,998.00 $ 243,878.00 $ 57.507.07 $ 186,370.93 R-7b(Portion) 642-071-09 9 13.72 57 SF · 3.998.00 $ 22J ,886.00 S 53.736.12 $ 174.149.88 R·21 642..071-10 10 7.16 168 MF · 2,399.00 . 403,032.00 $ 95,028.08 S 308,003.92 R-6 642-071-12 12 21.8 81 SF · 3.998.00 S 323.838.00 S 76.361.85 S 247,476.15 R-7a (Portion) 642-071-12 ! 1Z 19.09 76 SF · 3,998.00 $ 303.848.00 $ 71,648.15 $ 232,199.85 R-9 I 642-071-12 I 12 18.2 72 SF · 3,998.00 $ m.s56.OD S. 67,877.20 $ 219.978.80 R-1O ! 642-071-12 12 30.7 120 SF · 3,99B.00 $ 479,760.00 $ 113,12B.67 $ 366,631.33 R-12 I 642-071-12 I 12 11.B 64 SF · 3,99B.00 $ 255.B72.oo $ 60,33 9 . 195,536.71 R-13 I 642-071-12 I 12 10.6 76 SF · 3,99B.00 $ 303,848.00 $ 71,64B.15 S 232.199.B5 R-14 I 642-071-12 12 13.5 109 MF · 3,198.00 $ 348,582.00 $ B2.206.83 $ 266,375.17 R-15 642-071-12 12 11.03 215 MF · 2,399.00 $ 515.785.00 S 121,613.32 S 394,171.68 R-16 641-080-01 I 13 7.'" 280 MF S 2,399.00 $ 671.720.00 S 158.380.13 $ 513.339.87 R-17 I 641-oB0-01 I 13 8.25 200 MF · 2,399.00 S 479,800.00 S 113,128.67 $ 366,671.33 R-18 642-071-12 ! 12 11.04 230 MF · 2,399.00 $ 551,770.00 $ 130,097.97 $ 421,672.03 R-19 , 642-071-12 I 12 5.44 204 I MF $ 2,399.00 $ 489.396.00 S 115;S91.24 i $ 374.004.76 C-1 I 642-071-12 I 12 4.16 · I C $ 99,950.00 $ 415.792.00 $ 85,789.24 · 330,002.76 C-2 I 642-071-12 , 12 3.73 · C S 99,950.00 $ 372,813.50 $ 65,991.72 I S 306,821.78 CPF-1 I 641-080-01 , 12 9.97 · I CPF S 15,992.00 S 159,440.24 S 61.278.03 I $ 98,162.21 CPF-2 I 642-D90-01 12 4.70 · I ePF S 15,992.00 $ 75.162.40 $ 19,608.97 · 55,553.43 CPF-3 I 642-090-01 , 12 1.40 · ePF $ 15,992.00 $ 22,388.80 S 8.578.92 · 13,809.88 I I Totals I I 314.14 2.581 I $ 8,947,491.94 $ 2.139,696.73 I $ 6.807,795.21 , , \\Elmo\mf\$PR01ECI\CHULA VIS\VillagelAD\FinatrpLdoc I?/} Berryman & Henigar . C?st Estimate OTAY RANCH 12115/97 . .. Village 1 Phase 2B . . .. . u._.. .,'. /::~f.f. Paseo Ranchero "A" .:. .. . ". ',~.:~:Fi" DlF Budget sa ¡AN 12 "." 2' U UI"'I. f,.1 _. ' Changes mad: 10 the 11/13/97 DIF budget Grading Construction Water Deleted due to no compaction Deduct (56,583) çonstruction Water (dust control) . Added Add 5,000. , Water Meter Deleted due to no compaction Deduct (3,000) Roadway Improvements Traffic Signal (Footings only) Deleted changed scope Deduct (10,000) Traffic Signal (no signal head or arm) Added Add- 80,000 Traffic Signal Modification Increased Add 10,000 Undérground Utilities Joint Trench Deleted not a approved cost Deduct (126,000) Trench Only Deleted Deduct (3,000) Trench for Street Lights Added Add 12,000 Landscape Median Landscape Reduced to 35% of total SF Deduct (56,420) Median Hardscape Added 65% of total SF Add 120,900 Consultants and Fees Consultants and fees Changed (cost driven) Add 563 Contingency Contingency Changed (cost driven) Deduct (2,654) Total Change (29,194) /7/ nn= P~t:o"'" :)::::I~,..ho"'" 'V¡~ 0___ .. -- .----.-....----..- Cost Estimate OTAY RANCH 12/15197 Village 1 Phase 2B Paseo Ranchero "Au DfF Budget PROJECT Paseo Ranchero UNITS: AREA: Villa"e 1 LOT SIZE: PHASE: Seoment" A" ACRES: TOTAL IMPROVEMENTS ......n............................................ .:...................... ....__m. 1,626,097 SOFT COSTS ............................ .................. ..,... ..................... "''''m.... 332,623 CONTINGENCY 10% ...................................................................... ...........m__ . 195,872 TOTAL 2,154,592 NOTE: Tnis estimate is for road improvements from the easterly Right of Way to the westerly Right of Way only. Paseo Ranchero r:rom Telegraph Canyon Rd. To East Palomar. This estimate is for full width improvements. i "7'-, / r- .---R " I .,-~- DIF P2seo K:':!nr"no1'"1"'I viI:' T-I...__ .., Cost Estimate DTAY RANCH 12/15/97 ::::" Village 1 Phase 2B Paseo Ranchero "A" DIF Budget GRADING & SITE PREPARATlON.....__.........__................... 382,654 STORM DRAINAGE.....................__...................... ...... no....... 200,222 . ROADWAY IMPROVEMENTS......................... ....... ............ 538,361 UTILlTIES..........................__.................... """ ............ ...... "'" 25,200 lANDSCAPE & SPECIAL CONSTRUCTION........__............... 479,660 Total Improvements 1,626,097 CONSULT ANTS__................__............................ .................... 267,496 BONDS/FEES....................__.........__..... __...,... __. __. __..........__... 65,127 Total Soft Cost 332,623 ·,.....,,02 I , " / ,. ¡ ~ DIF P2seo Ranchero.xis D:;:¡...ø ~ ----.-.- .. . . n.···._·___. Cost Estimate OTAY RANCH 12/15 J7 Village 1 Phase 2B Pas eo Ranchero "A" DIF Budget GRADING AND SITE PREPARATION Site PreDaration Clear And Grûb 6.1 AC 300 1,825 MobïrlZation (20% of mass Ex) 20% LS 130,000 26,000 Unclassffiqd Excavatian Mass Excavation (export) 463,368 CY . 0.91 421,665 Deduct for compaction 463,368 CY (0.25) (115,842) Mass Excavation (fill in ROW) 711 CY 0.91 647 AlIl1VÎumfTop Soil R&R (in ROW) 15,600 CY 0.77 12,012 Finish (with in ROW) 264,960 SF 0.070 18,547 Canyon Subdrain 8" (in ROW) BOD LF 16.00 12,800 Construction Water (Dust Control) 1 LS 5,000 5,000 TOTAL GRADING AND SITE PREPARATION.................................................. 382,654 Mass excavation quantities Cut Fill Export (Import) Within ROW (TDIF) 464,079 711 463,368 CY Easterly ROW to westerly slope (AD.) 795,706 6,075 790,631 CY . ...."'" 17:/ r-.tr: ""1____ ....__ _1 _ ost Sstimate OTAY RANCH í 2/15/37 -.--.---- - - .- -- ._--- Village 1·Phase 2B paseo Ranchero "A" D\!= Budget STORM DRAlt-IAGE [11 - PI?:: . '18"RCP' 271 LF 30 8,130 24" RCP 207 LF 35 7,452 42" RC? . 1,243 LF 80 99,440 54" RCP 562 LF 100 56,200 IN' FTS OUTI ETS Clean out (TYpe A-4) . 6 EA 2,500 15,000 Curb Inlet (Type B-1) 4 EA 3,000 12,000 Type "F" Catch Basin 1 EA 2,000 2,000 TOTAL STORM DRAINAGE........,........·········..·········:··········....................:... 200,222 [11 Storm Drain rsquired if paseo Ranchero was built and no other dsvslopment was planned. - . - . . (75 r"I__'" I::' Cost Estimate OTAY RANCH . 12/15/97 Village 1 Phase 2B ---._-- Paseo Ranchero "Au DIF Budget ROADWAY IMPROVEMENTS CUR3 AND GUTTFR 6" Curb And Gutter 3,740 LF 4.65 17,391 6" Curb Only 3,740 LF 4.10 15,334 Sub Grade Prep 7,980 SF 0.10 798 R & R Curb and Gutær on T.C.R, 500 LF 10.00 5,000 SUB TOTAL CURB & GUTTER 38,523 FLAïWDRK Sidewalk 25,480 SF 1.18 . 30,066 Pedestrian Ramp 6 EA 75 .. 450 Sub Grade Prep 27,480 SF 0.10 2,748 R & R Sidewalk on T.C.R. ·2,000 SF 5,00 10,000 SUB TOTAL SIDEWALK 43,264 - PA V~M~NT AND PARKWA YS 4" AC /14" AS . 190,530 SF 1.50 285,795 Sub Grade Prep. +/- .5 195,730 SF 0.08 15,658 Pavement on T.C.R.( Rttum lane) 5,200 SF 1,50 7,800· OTH~R STREET fM':'RDVFMENTS Street Name Signs 2 EA 220 440 Other Signs 12 EA 220 2,640 Traffic Signal (no signal head or arm) . 1 EA 80,000 80,000 Traffic Signal Moáification 1 EA 40,000 40,000 Traffic Signal Interconnect 2,000 LF 10,50 21,000 Survey Monuments 8 EA 315 2,520 Striping 2,400 LF 0.30 720 SUB TOTAL PAVEMENT AND PARKWAYS 456,573 TOTAL ROADWAY IMPROVEMENTS................................................................ 538,361 17& DJF P2seo R;:mr.hor~ vIe:: 0-.-- ~ . -_._.._-----~._._--~--_._-,.._....._._,-~--_.._- Cost Estimate DTAY RANCH 12/15/97 . Village 1 Phase 2B Paseo Ranchero "A" DIF Budget UNDERGROUND UTILITIES TR~NCH'NG Trench for Sl Lights 1,200 LF 10.00 12,000 SUB TOTAL TRENCHING 12,000 SïREET LIGHTS Pole And Double Luminaria 6 EA 2,200 13,200 SUB TOTAL STREET LIGHT 13,200 TOTAL UNDERGROUND UTILITY................................................................. 25,200 LANDSCAPE AND SPECIAL CONSTRUCTION L4NDSCAPE Parkway Landscape 56,280 SF 3.50 196,980 Median .Landscape 8,680 SF 3.50 30,380 Median Hardscape - 16,120 SF 7.50 120,900 \ Parkway Trees (3 every 30 LF) 219 EA 600 131,400 SUB TOTAL lANDSCAPE 479,660 TOTAL LANDSCAPE AND SPECIAL CONSTRUCTION............................... 479,660 /77 DIF P2t::~1"I R::In"'~ör.... vl~ T""I___ - _"___n Cost Estimate OTAY RANCH 12/15';;7 Village 1 Phase 2BH- _. --,---- Paseo Ranchero "A" DIF Budget CONSULTANTS FEES & SERVICES CIVil ENGINEi=RING Civil Engineering (7.5% of Improvements) 7.5% LS 1,626,097 121,957 Surveying & Staking (2% of Civil and Soils) 2% LS 2,008,751 40,175 SUB TOTAL CIVIL ENGINEERING . 162,132 OTHi=R CONSUL TANTS Soil Engineering (15% of grading cost) 15% LS 382,654 57,398 Landscape Architect (10% õf Landscape & Irr.) 10% LS 479,660 47,966 Construction Administration (1% of Total Cost) 1% LS 1,626,097 16,261 SUB TOTAL OTHER CONSULTANTS 105,364 TOTAL CONSULTANTS FEES & SERVICES............................................. 267,496 .. ."". BONDS AND FEES ( Paid Before Final Map) BONDS Performance 1% of (cost plus 30%) 1 LS 20,812 20,812 PLAN CHFCK AND INSPFCTION FFi=S StreeL Storm, PC & INSP.(6%) 1 LS 44,315 44,315 TOTAL BONDS AND FEES................................................................................ 65,127 , /7cf D-'~_º_":;),t'.~... _t!.,..,....,~,_.",..,...,_..,1,... - " City Of Chula Vista - Assessment District No. 97-2 (Otay Ranch, Village One) - " Final Engineer's Report- February 10, 1998, Page 102 APPENDIX F OTAY RANCH SPECIFIC PLAN AREA (SPA) PLANNI~G AREAS - \\Elmo\m.f\SPROJEC1\CHULA VIS\VillagelAD\Final_ rpt.doc /79 Berryman & Henigar --..,--.,.------..------. '_'H__.n'O__' ._______ - ------- - --- -- --------~.._---_.- ",. 'i' .,;, ."): ""':'" '": Ii J ~ . ,;,U .0/,,___-;;,'----. :;':'-.",>'_'.:" .... ,~_ ~"":-:-:."!~~~...,_-:..."":c.~lI!o"'!"""!-:c '. ..~ ..... !6····~·"··~·~-·..~~;:~~~;:···/',~" "--'/---'.".;'. ,g 1 ., . ,. . ":",,'., ,'..' '....,.'.. .:""." 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"- - I . \...., I ct \ to. 'j c¡> ¡... ... ~\ '7 -_/ 13 CI) ":1 ]': \ ct ( ~ o rh "': ~ \ ), 00: 0' ct _____L-_J , wW' , CI)::r \ , ~(,) Q<: 0 ~6a '<r C?- a: . W· 00 _ ,~ COUNCIL AGENDA STATEMENT Item /? Meeting Date 02·10-98 ITEM TITLE: PUBLIC HEARING: ISSUANCE OF TAX EXEMPT OBLIGATIONS WITH RESPECT TO PROPOSED MULTI· FAMILY HOUSING PROJECT LOCATED ON APPROXIMATELY 16 ACRES AT EAST PALOMAR STREET AND LA MEDIA ROAD IN CHULA VISTA RESOLUTION / ? ð"g'l OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS WITH RESPECT TO PROPOSED MUL TI-FAMIL Y HOUSING PROJECT LOCATED ON APPROXIMATELY 16 ACRES AT EAST PALOMAR STREET AND LA MEDIA ROAD IN CHULA VISTA SUBMITTED BY: Community Development Director (... C; J REVIEWED RY, ,;~ M'"""-J(,¡ ~ ~ 14/.... V",", Y,,_ ..JU BACKGROUND: The City has received a request from Gateway Town Center loP., a California limited Partnership to issue a $45,000,000 Tax Exempt Multi·Family Revenue Bond to finance a proposed 450 unit multi·family rental housing project. The project is to be known as "Gateway Town Center" located on approximately 16 acres on the southwest corner of East Palomar Street and La Media Road within the McMillin Otay Ranch SPA One. The project is to be owned and operated by Gateway Town Center loP. At this time the Council is asked to hold a public hearing on the question of whether the City should issue tax exempt bonds for the financing of the project and to adopt a resolution expressing the City's preliminary intention to issue bonds. The requested action does not commit the City to issue the bonds. The developer is in the process of preparing an application for an allocation of the 1998 state ceiling on private activity bonds for multi· family rental housing projects from the California Debt limit Allocation Committee (CDLAC). The application process is a very competitive one which needs 10 demonstrate readiness to complete the project and strong support from the community. If successful in obtaining a bond commitment from CDLAC, the developer plans to come back to the City to request final City approval for the issuance of the bonds. City staff initially considered recommending that the Housing Authority of Ihe City of Chula Vista be the issuer of the bonds. However, since the Developer might consider using a portion of the bond proceeds to partially finance a commercial component of the project, it has been recommended by the City's Bond Counsel that the City be the issuer in order to allow for more flexibility since the Housing Authority cannot issue bonds that are used to finance commercial developments, /?-) Page 2. Item _ Meeting Date 02-10-98 The issuance of the bonds is in the public interest due to the reservation of 20 percent of the project units as affordable housing for lower income households. The public hearing is required by federal tax law governing Ihe issuance of tax exempt bonds. RECOMMENDATION: That the Council conduct the required public hearing and adopt a resolution regarding its intention to issue tax exempt bonds to finance the proposed project . BOARDS/COMMISSIONS RECOMMENDATION: On January 28, 1998 the Housing Advisory Commission voted to conceptually recommend the proposed multi·family project and the use of tax exempt bonds to finance the project. DISCUSSION: The use of the City's tax exempt status to issue bonds for multi· family rental housing represents an attempt to improve the affordability of rental housing in Chula Vista. Such bonds are a form of public·private partnership which gains importance as federal housing programs diminish and development costs make low income housing development problematic. In the City's Housing Element of the General Plan, the Affordable Housing Program declares that, "Where practical, the City shall consider the use of tax exempt revenue bonds for the purpose of underwriting a portion of the cost of low and moderate income housing." Used appropriately in pursuit of public good, tax exempt multi· family bonds represent a tool to achieve such underwriting; made necessary by the gap between market rental rates and development costs. In order for a multi· family housing bond to attain and sustain federal tax exempt status, the projects in the issue must meet certain federal requirements pertaining to the inclusion of low income tenancy and the preservation of the project units as rentals. This tax exempt instrument represents a subsidy to the development community from the federal treasury as a result of reduced tax revenues, Because that subsidy is a giving of public funds, the federal regulations address the provision of public good. The Proposed Proiect The Gateway Town Center development (see attached exhibit) will be built on approximately 16 acres at the southeast corner of Palomar Street and la Media Road in the Sectional Planning Area I of Ihe Otay Ranch master planned community east of Interstate 805 in the City of Chula Vista. The site is in the final permitting stages with the City and the graded, fully improved site, is expected to be available to the developer as early as October, 1998. The residential component of the development envisions 450 Ihree story luxury garden apartments units including 90 units of low income housing. The low income units will satisfy the requirements of the City's Program for the Provision of Affordable Housing within McMillin Otay Ranch. The residential units will be three story flats of Type V construction. In the future the Developer plans to add a 30,000 SF commercial component to the Development which is currently proposed to be funded by other financial resources, but ) 7~;¿ Page 3, Item _ Meeting Date 02-10-98 resources, but depending on additional negotiations, the Developer might consider the use of the bond proceed to finance a portion of the commercial component. The proposed unit mix and sized are as follows: 72 1 BR/l BA units· approximately 650 SF 180 2BR/2BA units· approximately 900 SF 198 3BR/2BA units· approximately 1,100 SF Twenty percent (90) of the units will be rented on a rent restricled basis to families whose income is at or below 50% of Area Median Income as determined by HUD. Although state law requires that the developer make available to prospective low income tenants all unit types in the project, the developer will agree to maximize Ihe number of 3 bedroom 2 bath low income units. This will fulfill a long overdue need in Chula Vista for large family housing, particularly in the neighborhoods west of Interstate 805 as outlined in the City of Chula Visla Housing Element. Each unit will include a balcony or patio, washer/dryer hook·up, full sized energy· efficient appliances, ceiling fans, outdoor storage, air conditioning, security features and dual glazed windows. Most of the units will have an enclosed garage and assigned covered parking, Project amenities include pool. spas, clubhouse, media center, exercise room, laundry facilities, security features, children's play area, multi·station computer laboratory with Internet access and population·appropriate recreational, social and entertainment programs, The Gateway Town center will be a centerpiece and entrance to the McMillin Olay Ranch development, which will uniquely integrate the commercial and residential elements in a Mediterranean motif, The project will provide for a network of pathways that will connect the town square/commercial area with a community park on the south rim of the development. The site will front on the major thoroughfare, Palomar Street, which will initially have bus service stopping at the town square. The finished graded site will have sufficient elevation to provide many of the apartment units with unparalleled views of the Pacific Ocean, which will make this affordable housing project one of the most unique in the nation. Pro Dosed Financing of Proiect It is estimated that the proposed total project cost will be $41.375,000 with $39,000,000 to be paid by bond proceeds and approximately $1,475,000 to be covered by low income housing tax credits and $900,000 by Developer equity. J?-J Page 4. Item _ Meeting Date o2-1o-9B The estimated project costs are as follows: Land Purchase $8,000,000 Construction 26,445,000 Developer Fees 300,000 Cost of Issuance 3.415,000 Capitalized Interest 2,000,000 Debt Service Reserve 1.215,000 TOTAL ESTIMATED COST $41.375,000 The $45,000,000 bond issue request exceeds the current eSlimated bond proceeds needed to finance the project. However, as per the City's Bond Counsel, it is recommended to consider issuing a higher bond amount to allow for flexibility in case the actual development cost are higher than currently estimated. At this time no Citv financial Darticioation has been reauested bv the develoDer. Assuming all financial commitments are secured, construction is expected to begin December, 1998 with completion of the project estimated in November 1999. Bond Structure The developer is proposing that the City issue two series of bonds 10 finance the conslruction. The first series would total approximately $34.2 million and would be rated AAA by virtue of a credit enhancement provided by Fannie Mae. The second series on bonds of about $4.8 million is proposed to be subordinate to the first series and would be unrated. Because this subordinated, unrated series involves a number of risks of repayment, staff has advised the developer that the City will require appropriate restrictions as to the sale and resale of these bonds to ensure that only sophisticated and accredited investors are buying these bonds. Staff and the developer are currently attempting to reach agreement on the nature of these restrictions and Ihe agreed upon restrictions will be incorporated into the bond documents that will be presented to the Council for approval at a later date. Income and Rent Restrictions A minimum of 20% of the units (90) will be restricted to households at 50% of the median income which is currently $25.400 for a family of four. It is proposed that the rents will be restricted on the 3BR units at approximately $582/month. Rents on any of the restricted 1 BR units would be $424.00 and on any restricted 2BR unils would be $506, The restricted rents are determined by HUD for the current fiscal year. Income and rent restrictions for Gateway Town Center will be maintained for the 30 year term of the bond. Gateway Town Center commits to maintain 20% of the units as low income throughout this period. Prospective, present, and former occupants of the Gateway Town Cenler will have the right to enforce in any State of California court the maintenance of the 20% of the units for low income tenants. The low /7~f Page Ii. Item _ Meeting Date 02-10-98 income housing commitment will bind all subsequent owners of Gateway Town Center, so that the commitment remains in force regardless of ownership. The income and rent restrictions outlined above are to be incorporated into the recorded deed restrictions for the Gateway Town Center. Compliance with these restrictions will be subject annually to regulatory audit and annual tax credit certification. The developer has successfully managed low income housing units for 12 years. Compliance with strict property management policies and procedures will ensure that income and rent restrictions will be maintained for the full 3D· year compliance period. FISCAL IMPACT: Conducting the public hearing and approving this resolution only indicates an intention by the City to issue tax exempt obligations and does not commit the City to issue bonds at this time. All costs related to the issuance of the bond will be paid for from bond proceeds or profits. The bonds will be secured by the project and will not constitute a liability or obligation to the City. Some staff time costs will be associated with monitoring compliance with the Regulatory Agreement. Those costs will be reimbursed from an annual administrative and origination fee to be paid by the Developer to the City which will be negotiated before the City approves the actual issuance of the bond. (JA:ah H:\HOMElCOMMDEVISTAFF.REPl02.10-98Imultifamilv IFebruary 6, 1998 (3:23pmU - /1-~ RESOLUTLON NO. /2'!?¿YC¡ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VLSTA REGARDLNG ITS INTENTION TO ISSUE TAX EXEMPT OBLlGATLONS WLTH RESPECT TO PROPOSED MULTL·FAMLLY HOUSING PROJECT LOCATED ON APPROXIMATELY 16 ACRES AT EAST PALOMAR STREET AND LA MEDIA ROAD IN CHULA VISTA WHEREAS, the City of ChuLa Vista (the "Issuer") desires to assist Gateway Town Center, L.P, a CaLifornia Limited Partnership (the "AppLicant"). in financing the costs of acquiring certain facilities and improvements, as provided in Exhibit A attached hereto and incorporated herein (the "Project"); and WHEREAS, the Lssuer intends to assist in the financing of the acquisition of the Project or portions of the Project with the proceeds of the saLe of obLigations the interest upon which is excLuded from gross income for federaL income tax purposes (the "ObLigations"). which Obligations are expected to be issued pursuant to Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of the State of California; provided, however, that this Resolution shall not authorize the issuance of the ObLigations and provided further that neither the faith and credit nor the taxing power of the Lssuer shall be pLedged to repay such Obligations if, and when, authorized; and WHEREAS, prior to the issuance of the ObLigations the AppLicant desires to incur certain expenditures with respect to the Project from its own available monies which expenditures are desired to be reimbursed from a portion of the proceeds of the sale of the Obligations if, and when, issued; and NOW, THEREFORE, BE LT RESOLVED the City CounciL of the City of Chula Vista does hereby order and determine as follows: SECTLON 1 This City CounciL has received an Application for the financing of the Project on behalf of the Applicant (the "Application"), The applicant will incur costs with respect to the Project prior to the issuance of the Obligations, The Issuer hereby states its intention and reasonabLy expects to reimburse the Applicant for such costs with proceeds of the Obligations; provided, however, that nothing herein obligates the Lssuer to issue the Bonds or provides the Applicant with any LegaL right to compeL the issuance of the Bonds, which decision remains in the final discretion of the City, Exhibit A describes the general character, type, purpose, and function of the Project, SECTION 2 The reasonabLy expected maximum principaL amount of the Obligations is $45,000,000, SECTLON 3 This resoLution is consistent with the budgetary and financiaL circumstances of the Issuer, as of the date hereof. No monies from sources other than the Obligation issue are, or are reasonably expected to be reserved, allocated on a long·term basis, or otherwise set aside by the Lssuer (or any related party) pursuant to their budget or financiaL policies with respect to the Project costs. This City Council is not aware of any previous adoption of official intents by the Lssuer that have been made as matter of course for the purpose of reimbursing expenditures relating to this Project and for which tax exempt obligations have not been issued, / 7- ç::, EXHIBIT A DESCRIPTION OF PROJECT A proposed multi· family rental housing project of approximate Iv 450 to 500 units to be known as "Gateway Town Center" and to be located on approximately 15.6 acres on the southwest corner of East Palomar Street and La Media Road, J?~Y ____________m_ .... LL <C a: C - l!I 1:1 - l!I t:J ~ rj :z: :z: t:J - ~ IJJ ~ ~ It ::J 1:1 l!I ..1:1 j a. 0( 1I::t - II: ~ It . ~ ~ 1:1 <: ¡:: 1.1 t:J II: ~.... ..~ I- 1:1 II:::J ~It e ~ ~ ~~ I-:t .... 1:1 u~ ~ ~ ßð ~t.. )..):IJJ ~ ~ II: ~ 1:1 D:I~ It ~ D:I :z: >- ~ Q:<: ~ - 1:1 II: .... <¡ U « It - ~ 11::<: ....0 ~ a. « '. 1:1 ~~ ~¡¡¡ ..-; 1:1 ~ ~ U ¡j.... Q IJJ 1JJLa: 1t D:I 1t ::J :z:::J ~ ::.It :z:u ::.~ It IJJ ~1t :r::1t 1I: ~ l!I 0( QU ....« - 1 COUNCIL AGENDA STATEMENT Item It)' Meeting Date 2/10/98 ITEM TITLE: Public Hearing: Formation of Assessment Districl No, 97-2 (Otay Ranch Village One), /f. Resolution / ;y~??, Approving the form of the amended Acquisition/Financing Agreement for Assessment District No. 97-2 (Otay Ranch Village One) and authorizing the Mayor to execute same. $, Resolution J:r~'1/ Approving the form of the contracts for ownership of utility improvements in Assessment District No. 97-2 (Otay Ranch Village One) and authorizing the Mayor to execute same, (," Resolution / grrf"< Ordering certain changes and modifications to the t Engineer's Report for Assessment Districl No, 97-2 (Otay Ranch Village One). J}, Resolution / J>'.?' VDeclaring the results of the assessmenl ballot tabulation, confirming the assessments, ordering the acquisition of improvements made together with appurtenances, and approving the Assessment Engineer's Report for Assessment District No. 97-2 (Otay Ranch Village One), SUBMITTED BY, rn"""" of ""'"' WOC~¡ REVIEWED BY: City Manager J Cq 'G~ ~ (4/5ths Vote: Yes_No..x.) On June 17, 1997 Council adopted the proposed esolution of Intention, adopted the boundary map and approved the form of the Acquisition/Financing agreement for Assessmenl District No, 97-2 (AD 97-2), Later, on December 16, 1997, Council adopted Resolution No, 18849 giving approval to the Preliminary Engineer's Report and setting the public hearing for February 3, 1998 for the purpose of hearing public testimony and receiving and tabuJating assessment ballots, Said Council meeting was canceled and the public hearing was continued until February 10, 1998, The Amended Acquisition/Financing Agreement would include a lower construction cost estimate, would add the construction of a right turn lane at Telegraph Canyon Road to the list of improvements eligible for AD 97-2 financing, and provide that the acquisition price for certain improvements would be reduced by an amount equal to the general benefit and/or special benefits to publicly owned property for such improvements, Tonight's actions will continue the fonnal proceedings leading to the establishment of Assessment District No, 97-2, RECOMMENDATION: That Council: I) Hold the public hearing, receive public testimony and assessment ballots; 2) Close the public hearing; 3) Receive report regarding the tabulation of assessment ballots; 4) Approve the resolution approving the form of the Amended Acquisition\Financing Agreement for Assessment District No, 97-2; 5) Approve the resolution approving the form of conlracts for ownership of utility improvements in AD 97-2; 6) Approve the resolution ordering certain changes and modifications to the Engineer's Report for AD No, 97-2; IF>/ -----~--~-- Page 2, Item_ Meeting Date 2/10/98 7) Approve the resolution declaring the results of the assessment ballot tabulation, confirming the assessments, ordering the improvements made and approving the Engineer's Report in AD No. 97-2, BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: The Municipal Improvement Act of 1913 is a financing mechanism which allows the financing of the acquisition or construction of public infrastructure improvements from the proceeds of assessment districts bonds which are repaid from payments collec\ed from the property owners with their property taxes. There is no direct cost to the City, This is an acquisition district wherein the developer is constructing the public improvements and the City will acquire them upon completion with funds derived from the sale of bonds. City policy establishes that only "backbone" facilities, providing benefit to the entire property within the district, are eligible for assessment district financing, The developer is responsible for financing the construction of local subdivision improvements, Area of Benefit On June 17, 1997 Council approved the boundary map for Assessment District No, 97-2 (AD 97-2), The proposed boundary of AD 97-2 encompasses all parcels of Village One loca\ed east of Paseo Ranchero, excepting those parcels owned by McMillin Otay Ranch, At buildout, the district will contain a total of 1,098 Single Family Residences, 1,560 Multifamily Residences, 16.31 Acres of commercial, and 16,09 Acres for Community Purpose Facilities (churches, day care, etc.). A reduced copy of the map is presen\ed in Attachment "A" of this report, Improvements In accordance with City Policy, only backbone improvements providing full service to the Otay Ranch Village One are proposed in AD 97-2, The developer will finance the construction of the additional facilities required to serve each specific subdivision. The public improvements proposed to be financed through this acquisition proceeding include: I. Paseo Ranchero from Teleeraoh Canyon Road to East Palomar Street Paseo Ranchero is a six lane prime arterial which is included in the Transportation Development Impact Fee (TDlF) program, The improvements to be funded through AD 97-2 are: grading, pavement and base, curb, gutter, sidewalk, median, street lighting, landscaping, storm drain improvements and underground facilities for water, reclaimed water, domestic water, sewer, slorm drains, telephone and gas. 2, East Palomar Street from Paseo Ranchero to the Eastern Boundarv Qf AD 97-2 East Palomar Street is a four lane residential collector street providing the main access to all the properties within Village One. The public improvements include: grading, pavement ànd base, curb, gutter, sidewalk, median, street lighting, landscaping, storm drain improvements and underground facilities for water, reclaimed water, domestic water, sewer, storm drains, \elephone and gas, 3. Monarche Drive around Park P-I Monarche Drive is a two-lane residentiaJ collector street which provides access to all the properties located north of East Palomar Street. The improvements to be financed by AD 97-2 are grading, pavement and base, curb, gutter, sidewalk, median, street lighting, landscaping, / (]>(:2---- "'-... .__._._._-------~---_.... Page 3, Item_ Meeting Date 2/10/98 storm drain improvements and underground facilities for water, reclaimed water, domestic water, sewer, storm drains, telephone and gas. 4. Riflht turn lane at Teler¡raDh CanYon Road. AD 97-2 would finance the construction of a right turn lane in Telegraph Canyon at the intersection with Paseo Ranchero, which is required to comply with the minimum City standard for a six-lane prime arterial. The public improvements include: grading, pavement and base, curb, gutter, sidewalk, and minor associated improvements. Olay Ranch intents to construct the improvements in three phases to track with the development phasing (see Attachment "B"), PrQPosed Assessments The estimated total amount to be assessed to the land in the district is $13,778,405 (see Attachment "C") of which $11,356,293 is for grading, improvements and construction incidentals, $228,250 for incidental expenses (City staff, consultants, and miscellaneous district formation expenses) and $2,772,000 correspond to bond issuance costs (reserve, underwriter discount, capitalized interest and other miscellaneous costs), Attachment "c" also shows that the developer would be contributing $578,138 towards the cost of the proposed improvements, The Transportation Development Impact Fee (TDIF) program was estabJished by Council to finance the construction of major transportation facilities serving the Eastern Territories, According to the TDIF program, all properties located in the Eastern Area shall pay a fee prior to building permit approval. In previous assessment districts, the TDIF cost was apportioned using the "amount of the fee" (currently $3998 per Equivalent Dwelling Unit) to determine the number of dwelling units which would have the "full" TDIF paid through the district. This approach is no longer possible under Proposition 218 which requires that all assessments shall be proportional to the special benefit received from the proposed improvements. The main consequence of this new approach is that properties within AD 97-2 will only have a "partial" TDIF paid through the district. The remaining portion of the TDIF would have to be paid at building permit. The new procedure wouJd resuJt in increased staff workload, which is necessary to keep track of the actual amount of the TDIF paid by each of the parcels through AD 97-2 and the amount to be paid at building permit. The total estimated amount of the TDIF improvements to be financed by AD 97-2 is $2,183,786, The proposed typicaJ maximum assessments for AD 97-2 are as follows: Non-TDIF TDIF TOTAL Single Family ($/DU) $ 5,382 $ 943 $ 6,325 Multifamily ( $/DU) $ 3,653 $ 776 $ 4,429 Commercial ($/acre) $ 90,378 $ 20,622 $ 111,000 Community Purpose Facility (CPF) $ 30,497 $ 6,146 * $ 36,643 ($/acre) . If the ultimate land use for a CPF site is exempted from the TDIF program (in accordance with Council Policy), the TDIF assessment levied on that parcel would be bought down using TDIF funds. )3'''3 Page 4, Item_ Meeting Date 2/10/98 Financial Feasibility Rc:port: Attachment "D" presenls the report prepared by the Financial Consullant. The report concludes that the project is financially feasible and will be able to meet all City criteria with a minimum of credit enhancement. Following is a brief discussion of the report: V a]ue to Lien Ratio: City poJicy eSlablishes that the tolaJJien placed on a property shall not exceed one-third (1/3) of the vaJue of the property as detennined by an independent appraiser relained by the City. An appraisal is currently being conducted on the property, Based on preJiminary appraisaJ information, the Financial Consultant has determined that the Jien ratio is satisfied for aJ] but the commercial parce]s CI, Clb, C2, C2b, and C2c (see Table I of Attachment "D"), A final appraisal and Jien ratio analysis would be available for Council consideration prior to bond sale, which is planned for mid-July 1998, If the final analysis shows parcels which fail to meet the 3: I ratio, the developer would be required to either provide cash or letters of credit to mainlain the lien ratio within the City criteria or the principal amount of the bonds to be issued for AD 97-2 will be reduced to comply with City policy, Maximum Tax: A preliminary calculation (see Table 2 of Attachment "D"), using estimated house prices, indicates that the parcels within the district would meet the maximum 2 % aggregate tax. A final test will be performed at escrow closing using the actual sale price of the house, The Acquisition/Financing agreemenl requires that at or prior 10 each closing of escrow, the escrow company shall apply a "calculation formula" previously approved by the City Engineer to determine the aggregate ofregular County taxes, Mello-Roos taxes, and assessment inslallments, If the 2 % limit is exceeded, the developer would be required to provide cash to buy down the assessment to an amount sufficient to meet the 2 % tax ceiling, Compliance with this procedure would ensure that the aggregate lax to be paid by the purchaser of the house meets the City's criteria, Annual Apportionment of Assessment Inslallments. The proposed project will be built in three phases (see Attachment "B"), The developer anticipates completing the construction of Phases I and 2 in August 1998, Phase 3 construction would be completed by the end of 1999, However, a single bond issue will be sold, by mid July 1998, pursuant to the 1915 Bond Act. Under the traditional assessment apportioning methodology stipulated by the 1915 Bond Act, the annual amount to be paid by each residential parcel (developed or undeveloped) should be the same in each year, In projects contemplating phased construction of bond financed improvements, such as Olay Ranch Village One, this annual assessment would be subject to an increase as bond funds are expended. Such increase will be counter to current City Policy to have property owners pay the final assessment amount when they purchase the house. Council did not want to mislead home buyers in earlier phases by having low assessments in the beginning and then increase it in later years, Further, property relying on future project construction (Phase 3) would be subject to the same financial impact as property which can be immediately developed (Phases I and 2), which would not be equilable, Ordinance No. 2628 "City of Chula Visla Assessment District ProceduraJ Ordinance" amends the provisions of the 1915 Act by eSlablishing that the amount collected from each parcel shall be in accordance with the methodology set forth in the Engineer's Report. The proposed methodology of apportioning the annual installments in AD 97-2 is presented on page 29 "Annual Apportionment of Assessment Installments" of the Engineer's Report (Attachment "E"), It should be mentioned that the same methodology was approved by Council for Assessment District No. 94-1 (Eastlake Greens II), J2'~i Page 5, Item_ Meeting Date 2/10/98 which also proposed a phased construction of the improvements. Under this methodology, the annual assessment installments collecled from "developed" parcels will be approximalely the same each year and will be equal 10 the full amount authorized to be collected annually from such parcels, A "developed" parcel is one for which a building permit has been issued or which has been created for residential use by a final subdivision or parcel map regardless of whether such parcel is owned by the original developer or a residential homeowner. The annual assessment installment for "undeveloped" parcels will be the full amount authorized to be collected from such parcels minus a pro rata share of the inlerest earnings, if any, resulting from the investment of the unexpended bond proceeds, As such bond proceeds are expended, the annual assessment installments for such undeveloped parcels shall increase until such installments equal the full amount to be collected from such parcels. This procedure provides a fair and equitable approach for apportioning the annual installments in those projects contemplating a phased development. The methodology provides for the collection of annual installments during buildout of the assessment district in amounts that more accuralely reflect the benefit actually being received by the assessed parcels, Those parcels which are developed and will use the public improvements sooner than the undeveloped parcels will start paying the maximum annual assessment installment earlier in time than the undeveloped parcels. Parcels developing later in the project will start paying partial installment and will over time pay their corresponding full amount, As mentioned before, the improvements will be built in three phases over the next two years as needed to serve the Otay Ranch Village One, A single bond issue in the amount of the total assessment will be sold by July 1998. The developer is currently processing plans for the construction of Phases 1 and 2 (estimated construction cost = $8,694,000) and anticipates completing the construction of said improvements by August 1998, Unspent bond proceeds that remain to finance the construction of Phase 3 ( estimated construction cost = $2,662,000) will be deposited in the Improvement Fund which will be earning inleresl, Staff estimales the total annual interest earnings (using an interest rate of 5.0%) could be in the order of $133,000. Under the traditional methodolo!!v, all parcels (developed and undeveloped) would be paying the same amount beginning the first year, even though undeveloped parcels are receiving a lesser benefit from the constructed improvements until such parcels are developed. Under this approach, the inlerest earnings accumulated during the construction period could be used to lower the assessment on all the properties in the district, Staff estimates that the annual insIailment for a single family residence in Village One (approximalely $590 assuming 8% bond interest rale) could be reduced during 1999 by about 12 % (approx, $71 per year), As mentioned above, the pronosed methodoloiY for AD 97-2 recognizes the fact that undeveloped parcels receive a lesser benefit than the developed parcels during the project buildout due to the phased construction of the improvements. Thus, the interest earnings will be used to lower the annual installments of undeveloped parcels and the owner of the undeveloped parcels will pay the difference between the full annual installment for the undeveloped parcels and the inlerest earnings, if any, until such parcels are developed. Bond Counsel (Brown, Diven & Hentschke), Financial Consultant (Kadie-Jensen, Johnson & Bodnar) and city staff have reviewed the proposed methodology, They have concluded that this procedure provides a fairer and more equitable approach for apportioning the annual installments and recommend Council approval. / ?"-;- Page 6, Item_ Meeting Date 2/10/98 Resolutions There are four resolutions on today' s agenda which, if adopted, will accomplish the following: 1. "Resolution approving the fonn of the Amended Acquisition/Financing Agreement", This amendment reflects a reduced construction cost estimate, add the construction of a right turn Jane at TeJegraph Canyon Road to the list of improvements eligible for AD 97-2 fInancing, and provide for developer contributions in the fonn of reduced acquisition price for certain improvements. The proposed agreement is in substantially fInal fonn (Attachment "E") but has not yet been executed by the developer. Due to time constraints, the developer is requesting to submit the agreements for Council approval prior to signature by the developer, Staff recommends that Council approve the proposed agreement subject to the determination by the City Attorney that the finaJ agreement does not contain any material changes or modifIcations, 2. "Resolution approving contracts for ownership of utility improvements," In order to procedurally acquire the water system, reclaimed water, telephone and electrical systems, it is necessary for the City to enter into three-party agreements with the developer, Otay Water District, San Diego Gas & Electric and PacifIc Bell for the acceptance and conveyance of improvements constructed as part of the assessment district improvements. This resolution approves these agreements, There is no cost or liability invoJved in entering into these agreements. The proposed agreements are in substantially final fonn (Allachment "F") but they have not yet been executed by the corresponding parties, Due to time constraints, the developer is requesting to submit the agreements for Council approval prior to signature by the developer and utility companies. Staff recommends that Council approve the proposed agreements subject to the determination by the City Attorney that the final agreements do not contain any material changes or modifications. 3. "Resolution ordering certain and modifIcations to the Engineer's Reporl". There have been several changes to the Engineer's Report (Attachment "G") resulting from routine adjustments and a reduction in the estimated cost of construction of the proposed facilities , These changes have resulted in lower assessments to the units than was proposed in the Preliminary Report approved on December 16, 1997. 4, "Resolution confmning the assessments", This resolution declares the result of the assessment ballot tabuJation approves the Final Engineer's Report, confirms and levies the assessments contained therein, and approves the mechanism by which the improvements may be acquired when they are completed. Future Actions * The bond sale is estimated for mid-July 1998, It should be noted that, on October 10, 1997, by ResoJution No, 18787 Council directed staff to proceed with a negotiated saJe and selected Stone & Youngberg and Merril Lynch as the underwriting team for marketing the bonds for AD 97-2. /?/¡ Page 7, Item_ Meeting Date 2/10/98 FISCAL IMPACT: atay Ranch Company will pay all costs associated with the formation of the district and will be reimbursed once bonds have been sold. The City will receive the benefit of full cost recovery for staff cost (estimated at $40,(00) to be funded by the district, Otay Ranch has also deposited with the City the origination charge of $137,784.05 (I % of the estimated bond sale) required by the Acquisition/Financing Agreement. After \he district formation, \he origination payment would be transferred to \he general fund, Attachments: A· Boundary Map B· Improvements Phasing C· CostE te D· Financia sibility Analysis E· Amended isitionlFinancing Agreement F· Agreements wnership of utility improvements G· Engineer's R January 30, 1998 H:\HOME\ENGlNEER\AGENDA\REPORT2.972 Idt\AD9702 /%/ ;; --~----- .M'.___._~___ ____ _____.,___.,.~._ ::7T / ~ . I ? \ , ,I 3 ~ " ~ i ~ ::: ~ , I -- ~ <~ 0 'tIG::r; "., ~ w< 0 ;;:;1; .' ~ð ,,~ -~ .' i ~w I ~~ ~ I d~ ~ -< .. 0 I Uo ..'t wz , œu : I <w zoo ~a 00 NO ÕZ ! i i « w~ ~ I ~~ · 00 ? · ~~ z- ~ · Oz 1& ;:~ - ~ I ~8 ...:::;! w ~ '@:.¡: ., "w , E.= - ¡¡!i:: - 6' 5 ~I"- =.' !; I žs: ~Ii .::. , < ~~ - ~~ ~ ~œ w_ =u -" ~- 0", q;: ~o r;:- b - õ 6~ z é; ~ , ~ , . ~ 0 N< z 0 0 , . wz :¡ Z z > zoo : '. o 0 g .... 5 z 00 u NO , <:1 J" ~ u . " : ;?/ I C' - u > w z! . · 0 u : 7 I. w õ . ~ :z ~ : """,,-,,_..,~; '-', g - · - . W' e .. ~ =: :,..... / LJJ.i¡- ~ e > e ~ - · . . · . . . 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E~E ëE .... :'...:' Ë::a ~ ~ Ii/ .. "" ao"" g g o ~ .. .. .. ~ .::. "'Ii/ :" CI'J> <;l:l1i/ ~~d ~ð :a:a ;¡o~ o~ 815 ~~~ ;Ei :: ;55 :ã! .55 II.W;¿ w.e ww ~<~G ~êW ~~Ô ' - \ >- \ \ ~ \ ~ \ rJJ \ > \ < \ z , w l ::> . = \ \ \ \ . \ \ ( \ / I , I I ) I ¡ ! =: I ') l t I J =: . \ - ) - X / \ __ ¡;;;¡ / ......._......J ,-_./ \ A!>ICHERO _/ R__ FUT RE PAsEO 4 /8,.. 9/ "" ~_ ...__.__ ..._ ..... ._~.i.ßL RESOLUTION NO. J87š9f) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUIA VISTA, CALIFORNIA, APPROVING THE FORM OF THE AMENDED ACQUISITIONIFINANCING AGREEMENT FOR ASSESSMENT DISTRICf NO, 97-2 (OTAY RANCH, VILLAGE ONE) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has, pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, by adoption of its Resolution of Intention, declared its intention to order the acquisition of certain works of improvement, together with appurtenances, in a special assessment district known and designated as ASSESSMENTDISTRICf NO. 97-2 (OTAY RANCH, VILLAGE ONE) (hereinafter referred to as the "Assessment District"); and, WHEREAS, the City Council did previously approve the form of an Acquisition/Financing Agreement (the "Acquisition/Financing Agreement") by and between the City of Chula Vista and Village Development LLC (the "Developer") to establish the terms and conditions upon which the Improvements (as defined in the Acquisition! Financing Agreement') would be acquired by the City; and WHEREAS, the City and the Developer desire to amend the Acquisition! Financing Agreement by entering into the Amended Acquisition/Financing Agreement, the form of which has been presented to the City Council (the "Amended Acquisition/Financing Agreement"). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. The form of Amended Acquisition/Financing Agreement, herewith submitted, is approved substantially in the form submitted. The Mayor is hereby authorized to execute the final form of such agreement on behalf of the City. The City Manager, subject to the review of the City Attorney and Bond Counsel, is authorized to approve changes in such agreement that are in substantial conformance with the terms approved by the City Council, such changes to be evidenced by the execution of such agreement. A copy of the final form of such agreement identified as Document No. shall be kept on file in the Office of the City Clerk and remain available for public inspection. PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt ~~~ John M. Kaheny Director of Public Works City Attorney ¡55/? - ¡ RESOLUTION NO, / 3"f59/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING THE FORM OF CONTRACfS FOR OWNERSHIP OF UTILITY IMPROVE- MENTS IN ASSESSMENT DISTRICf NO. 97-2 (OTAY RANCH, VILLAGE ONE) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has, pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, by adoption of its ResoJution of Intention, declared its intention to order the acquisition of certain works of improvement, together with appurtenances, in a special assessment district known and designated as ASSESSMENT DISTRICf NO, 97-2 (OTAY RANCH, VILLAGE ONE) (hereinafter referred to as the "Assessment District"); and, WHEREAS, pursuant to Streets and Highways Code Section 10110, it is required that prior to the time that any works of improvement are ordered to be acquired, the City Council may, by contract, provide that certain works of improvement shall be conveyed by the City to other public agencies or reguJated public utilities who will have legal title to such improvements and that such improvements shall thereafter constitute a part of their system; and, WHEREAS, at this time, the fonn of such contracts have been submitted and reviewed pursuant to the authorization of Section 10110 of said Streets and Highways Code. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2, The fonns of agreements, herewith submitted, relating to the acquisition of certain improvements that will be under the ownership, management and controJ of other public agencies or regulated public utilities, are hereby submitted and herewith approved substantially in the fonn submitted, The agreements related to improvements to be owned by the following listed public agencies or regulated public utilities: San Diego Gas & Electric Pacific Bell Otay Water District The Mayor is hereby authorized to execute the final fonn of such agreements on behalf of the City. The City Manager, subject to the review of the City Attorney and Bond Counsel, is authorized to approve changes in such agreements deemed to be substantial compliance with the tenns and provisions approved by the City Council. Approval of such changes to be evidenced by the execution of such agreements, A copy of the final fonn of such agreements, identified as documents number , , and shall be kept on 1 /f5ß~/ ~ -~. .'. .-,....,.,-..-".-...-.. ,-..---.-.---.- file in the Office of the City Clerk and remain available for public inspection. SECTION 3. Immediately upon execution, confonned copies of said contracts shall be transmitted to the offices of the respective public agency or utility company, together with a copy of this ResoJution. PREPARED BY: APPROVED AS TO FORM BY: (~ 1'ìÁ~ ~~ John P. Lippitt John M, Kaheny Director of Public Works City Attorney 2 /S"ß/c::z -".--.-"-. " . ".a ~ H'_ . _~___._ ....___.__~ RESOLUTION NO. / Qf)9d-., RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ASSESSMENT ENGINEER'S REPORT IN ASSESSMENT DISTRICT NO. 97-2 (OTA Y RANCH, VILLAGE ONE) WHEREAS, the CITY COUNCIL of CITY OF CHULA VISTA, CALIFORNIA, has previously adopted its Resolution of Intention pursuant to the provisions of the "Municipal hnprovement Act of 19B" , being Division 12 of the Streets and Highways Code of the State of California, for the acquistion of certain works of improvement in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 97-2 (OTAY RANCH, VILLAGE ONE) (hereinafter referred to as the "Assessment District"); and WHEREAS, based upon the presentation and recommendations of staff and available documentation, it now appears that the changes and modifications as set forth in the fmal Assessment Engineer's Report, as presented herein, should be approved and ordered to be done. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. The above recitals are alJ true and correct. SECTION 2. All changes and modifications as set forth in the fmal Assessment Roll and fmal Assessment Engineer's Report as herewith submitted are hereby ordered and authorized to be made, For all particulars, reference is made to such final Assessment Engineer's Report as herein approved, a copy of which will remain on file with the transcript of these proceedings and open for public inspection. SECTION 3. The fmal Assessment Engineer's Report, the fmal Assessment Roll, and all related documentation, as so modified, are for the best interests of the property owners within the Assessment District, and said assessment, as modified, is in accordance with the special benefits received, and the fmal Assessment Engineer's Report, as herein modified and amended, shall stand as the report for all subsequent proceedings relating to this Assessment District. PREPARED BY: APPROVED AS TO FORM BY: (~~~ John P. Lippit John Kaheny Director of Public Works City Attorney jZ"C/j ^~-'-----"'.'.__.'.- ".__.._..-..,-----~--- ._---~.- -~--_.- -'---"--~---- ,-_._--~-_..- RESOLUTION NO. / rrr9.3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING THE RESULTS OF THE BALLOT TABULATION, CONFIRMING THE ASSESSMENT, ORDERING THE ACQUISITION OF IMPROVEMENTS, TOGETHER WITH APPURTENANCES, AND APPROVING THE ASSESSMENT ENGINEER'S REPORT IN ASSESSMENT DISTRICT NO. 97-2 (OTAY RANCH, VILLAGE ONE) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has previously adopted its Resolution of Intention and initiated proceedings for the acquisition of certain public works of improvement, together with appurtenances and appurtenant work, in a special assessment district pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California (the "Improvement Act"), said special assessment district known and designated as ASSESSMENT DISTRICT NO. 97-2 (OTAY RANCH, VILLAGE ONE) (hereinafter referred to as the "Assessment District"); and, WHEREAS, pursuant to said Resolution of Intention, a report of the Assessment Engineer (the "Assessment Engineer's Report"), as therein ordered and as required by the Improvement Act, Article XIIID of the Constitution of the State of California ("Article XIllD") and the Proposition 218 Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the Improvement Act, Article XIIID and the Implementation Act are referred to herein collectively as the "Assessment Law"), was presented, considered and approved; and, WHEREAS, the Assessment Engineer's Report, as approved, was prepared and contained all the matters and items called for pursuant to the provisions of the Assessment Law, including the following: 1. PJans and specifications of the improvements proposed to be acquired; 2. Estimate of cost of acquisition of the improvements proposed to be acquired; 3, Diagram of Assessment District identifying all parcels which will receive a special benefit conferred upon them from the acquisition of the improvements and upon which an assessment is proposed to be imposed; 4, An assessment proportionate to the speciaJ benefit to be conferred upon each parceJ to be assessed; 5. A description of the works of improvement proposed to be acquired; and, WHEREAS, notices of said hearing accompanied by assessment balJot materials were reguJarJy mailed in the time, form and manner required by Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated, and a full hearing has been given, all in the manner provided by the Assessment Law; and, 1 J~p-- / . ----_._-~..._...._-_._. _._________",.__.._ _ "_______n '__.._.__.__._.____._._._.__.__..._._._~_.__..__...~._______ WHEREAS, at this time this City Council determines that the assessment ballots received by the City in favor of the proposed assessment and weighted as required by Assessment Law exceeded the assessment ballots received in opposition to the assessment and similarily weighted and, therefore, a majority protest pursuant to Assessment Law does not exist; and WHEREAS, this legisJative body is now satisfied with the assessment and all matters contained in the Assessment Engineer's Report as now updated and submitted. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby resolve as follows: RECITALS SECTION 1. The above recitals are all true and correct. ASSESSMENT BALLOT TABULATION PURSUANT TO THE ASSESSMENT LAW SECTION 2. The assessment ballots submitted pursuant to the Assessment Law in favor of the assessment and weighted as required by Assessment Law exceed the assessment ballots submitted in opposition to the assessment and similarily weighted and it is therefore determined that a majority protest pursuant to the Assessment Law does not exist. SPECIAL BENEFITS RECEIVED SECTION 3. Based upon the Assessment Engineer's Report and the testimony and other evidence received at the public hearing, it is hereby determined that: A. All properties within the boundaries of the Assessment District receive a special benefit from the works of improvement as proposed to be acquired for said Assessment District; B. The proportionate special benefit derived by each parcel proposed to be assessed has been determined in relationship to the entirely of the cost of the acquisition of the works of improvement; C. No assessment is proposed to be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit to be conferred on such parceJ; D. Only special benefits have been assessed; and E. A contribution shall be made by the owner of the property to be developed within the Assessment District equal to the special benefit to any parcels within the proposed Assessment District which are owned or used by any agency as such term is defined in the Assessment Law. 2 JðP-~ --~~'-----~.__.__.._,_.....-.._-,--"-----------_. "-"'-'--"'. PUBLIC INTEREST AND CONVENIENCE SECTION 4. The public interest and convenience require the acquisition of the improvements, and therefore it is hereby ordered that the improvements be acquired, together with appurtenances and appurtenant work in connection therewith, in said Assessment District, as set forth in the ResoJution of Intention previously adopted and as set forth in the Assessment Engineer's Report presented and considered, and as now approved. ASSESSMENT ENGINEER'S REPORT SECTION 5. The Assessment Engineer's Report, as now submitted, updated and amended as appropriate, is hereby approved and said Report shall stand as the report as required by the Assessment Law for all future proceedings for this Assessment District. CONFIRMATION OF ASSESSMENT SECTION 6. The assessments, as now filed in the Assessment Engineer's Report and diagram for the improvements to be acquired, together with appurtenances and appurtenant work in connection therewith, are hereby confIrmed. The assessments contained in the Assessment Engineer's Report are hereby levied and approved as follows: A. The fInal assessments to represent the costs and expenses to fmance acquisition of the works of improvement, as authorized for these proceedings. B. The annual assessment to pay for administrative costs in an amount not to exceed the maximum annual assessment as set forth in the Assessment Engineer's Report. RECORDATION OF ASSESSMENT SECTION 7. The City Clerk shall forthwith deliver to the Superintendent of Streets the assessment, together with the diagram attached thereto and made a part thereof, as confmned, with his certifIcate of such confmnation attached and the date thereof; and that said Superintendent of Streets shalJ then immediately record said diagram and assessment in his OffIce in a suitabJe book to be kept for that purpose and attach thereto his certifIcate of the date of such recording, COUNTY RECORDER NOTICE SECTION 8. Upon confIrmation of the assessments and recordation of the assessment roll and diagram, a certifIed copy of the assessment diagram shall be immediately filed in the OffIce of the County Recorder. Immediately thereafter, a copy of the notice of assessment shall be recorded in the OffIce of the County Recorder in the manner and form as set forth by law and specifIcalJy Section 3114 of the Streets and Highways Code of the State of California. 3 /7P <J _ _ ~ .m_.._'_" __.' ___......__. .._~....~...._."__ __ ,. _ ..,..____. _'._____._..________________._,.,_..,._..... -..--.... .__._--_.._...~--_._-~-_. .__.__.__..~- MAILED NOTICE SECTION 9. Upon recordation of the diagram and assessment, a notice shall be mailed to each owner of real property within the Assessment District at his Jast known address, as said address appears on the last equalized tax rolls of the County, said notice to set forth a statement containing a designation of the property assessed, as well as the amount of the final confirmed assessment, and further indicating that bonds will be issued pursuant to the "Improvement Bond Act of 1915". PUBLICATION SECTION 10. Notice sb,all also be given by publication in the designated legal newspaper, said notice setting forth the amount of the final assessment and indicating that said assessment is now due and payable, and further indicating that if said assessment is not paid within the allowed thirty (30) day cash collection period, bonds shall be issued as authorized by Jaw. ASSESSMENT COLLECTION SECTION 11, The County Auditor is hereby authorized and directed, in accordance with the provisions of Section 8682 of the Streets and Highways Code of the State of California, to enter into his assessment roll on which property taxes will next become due, opposite each lot or parcel of land affected, in a space marked "public improvement assessment" or by other suitable designation, the next and several installments of such assessment coming due during the ensuing fiscal year covered by the assessment roll and that said entry then shall be made each year during the life of the bonds for the proceedings for the above-referenced Assessment District. This authorization is continual until all assessment obligations have been discharged and the bonds terminated, As an alternate, and when determined to be in the best interests for bondholders of the Assessment District, this legislative body may, by Resolution, designate an official other than the County Tax Collector and/or other agent, to collect and maintain records of the collection of the assessments, including a procedure other than the normal property tax collection procedure, In accordance with the provisions of Section 8685 of the Streets and Highways Code, if any Jot or parcel of Jand affected by any assessment is not separately assessed on the tax roll so that the installment of the assessment to be collected can be conveniently entered thereon, then the Auditor shall enter on the roll a description of the lot or parcel affected, with the name of the owners, if known, but otherwise the owners may be described as "unknown owners", and extend the proper installment opposite the same. 4 /?P'f ---'-_._._-- --.-.....-------"...---.,. .'...-..--...---" -".- --_.._.__..._.._._~~--~~--_. ASSESSMENT VERIFICATION STATEMENT SECTION 12. The County Auditor shalJ, within 90 days after any special assessment installment becomes delinquent, render and submit a detailed report showing the amounts of the installments, interest, penalties and percentages so collected, for the preceding tenn and instalJment date, and from what property collected, and further identify any properties which are delinquent and the amount and length of time for said delinquency, and further set forth a statement of percentages retained for the expenses of making such collections, This request is specifically made pursuant to the authorization of Section 8683 of the Streets and Highways Code of the State of California. PREPARED BY: APPROVED AS TO FORM BY: ~~~ ~~. John P. Lippit John Kaheny Director of Public Works City Attorney 5 /gp~~ . '.....-...----- _.. .,-~. -..-..----,---. _._---~-_. ""--...-.-. -..------- - --,-- COUNCIL AGENDA STATEMENT ITEM NO.: /9 Meeting Date:2/10/98 ITEM TITLE: ordinance;¿ ?;¿ tJ Adding a Chapter to the Chula vista Municipal Code relating to regulating the distribution of gasoline and the operation of gasoline service stations. SUBMITTED BY: City Attorney ~~4/5ths Vote: Yes ___ No-X-) In response to Councils' concern regarding the need to protect the City of Chula Vista's consumers from artificially high gasoline prices, the City Attorney has drafted an ordinance to add to the Chula Vista Municipal Code. The proposed ordinance maintains the following three strategies for lowering gasoline prices: (1) a prohibition and phasing out of refiner operated (Le. "Company operated") retail services stations (commonly referred as "divorcement"); (2) a provision to allow branded motor fuel franchisees to purchase branded motor fuel from any location or through any vendor in a refiner's wholesale fuel network (commonly referred to as "open supply" regulation, similar to the 1997 Peace Bill, Senate Bill 404); and (3) prohibitions against price discrimination and overcharges by refiners. RECOMMENDATION: If Council adopts the proposed ordinance, it is recommended that, prior to the effective date of the ordinance, the City first enter into a legally binding agreement with the County of San Diego or the City of San Diego, to defend and indemnify the city from any legal challenges to the ordinance, or to share the cost of defense. BOARD/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: For several months County Counsel John Sansone has been working with all the City Attorneys in San Diego County in order to agree upon a unified approach to the divorcement issue. In addition, Mr. H. Elliott Heide Esq., of MCClintock, Weston, Benshoof, Rochefort, Rubalcava, Maccuish, LLP of Los Angeles, representing the Western States Petroleum Association met with County Counsel and many of the City Attorney's in the County, including the Chula Vista City Attorney. Mr. Heide indicated that the Western Petroleum Association was prepared to challenge any di vorcement ordinance enacted in San Diego County. The city Attorney is prepared to discuss this issue in closed session with the Mayor and City Council. /9-/ _~. _ _~,_ __._''. ._.__ 'n..__..~_____,___~.-.-._ Page 2 Item No. Meeting Date: THE COMPONENTS OF THE ORDINANCE - The draft ordinance proposes local government regulation by the City of Chula Vista of gasoline distribution and sales in three ways. First, the draft ordinance would restrict the establishment of any new retail gasoline stations operated by oil companies with salaried personnel or commissioned agents ("company operated stations"), eventually phasing out existing company operated stations. This type of regulation is known as "di vorcement regulation. " Currently, approximately 17% of the gasoline stations in the County are company operated stations as reported by the utility Consumers Action Network position paper on gasoline pricing mechanisms in San Diego published June 20, 1997. The second component of the draft ordinance would prohibit oil refiners from selling or offering, at the wholesale level, to sell gasoline to any retailer at a price that exceeds the price applied from that same terminal to a company operated station. This type of regulation is known as "price discrimination" regulation. The third component of the draft ordinance would establish wholesale purchasing rights for any retail service station operator who is a franchisee of any oil refiner. The regulation would preclude the oil refiner, the franchisor in the relationship, from entering into contracts or engaging in other actions which would prevent their franchisee from purchasing their refiners branded product through any vendor in the refiners wholesale fuel network. This type of regulation is known as an "open supply" regulation. BACKGROUND: On January 7, 1998 the County Board of Supervisors indicated that a December ruling of the Federal Trade Commission had reaffirmed the fact that San Diego County residents pay significantly higher average retail prices for gasoline than their counterparts in Los Angeles. The Federal Trade Commission identified six vertically integrated oil companies that control approximately 90% of the gasoline sold at both the wholesale and retail level in San Diego County. The Federal Trade Commission found there was "no explanation other than anti-competitive forces why gasoline prices in San Diego are higher than Los Angeles." In May of 1997, the San Diego County Board of Supervisors directed its staff to develop an ordinance which might protect County consumers from artificially high gasoline prices. At that time the Chula Vista City Council requested city staff work with the County on this issue (Referral No. 3054). It was agreed that the County would take the lead on the issue and that City's throughout the County which had an interest in the issue would coordinate their efforts with those of the County. As part of the County Council lead on this matter, the County employed various experts to assist in the preparation of a viable /9-c2 ----..--..-.--- ----._----- ---..-.- Page 3 Item No. Meeting Date: strategy to lower gasoline prices in the San Diego Region. The County received input from Dr. Gregory Nowell, a Ph.D. in Political Economy and the author of a well regarded book on petroleum pricing. In addition, the County employed Dr. Arthur Brodshatzer, Accounting and Business Ph.D. , and an experienced forensic economist and accountant. Dr. Roger Noll, was also employed as an economic consultant. Dr. Nowell holds a Ph.D. in economics and is a Professor at Stanford University. According to Lawrence Prior, III, Chief Administrator for the County of San Diego, the experts specified above indicated that the pricing pattern of gasoline in California is the result of reduced competition at the wholesale level since the introduction of low- emission fuel. (Called "CARB gas" to reflect the new requirements of the California Air Resources Board.) The changes causing high gasoline prices in California and San Diego County occurred primarily at the wholesale level. The primary causes of high gasoline prices throughout California and in San Diego County are: (1) an increase in concentration in refining, due to mergers and exits; (2) a substantial reduction in the feasibility of importing gasoline refined elsewhere in the world due to the unique requirements of the CARB gas rules; and (3) an increase in the extent to which California refiners engage in collusive behavior through joint supply arrangements and information sharing. It appears from the experts that the source of high retail prices in San Diego County begins at the level of refiners and wholesalers. The experts opine that attempting to solve the problem by regulating who may operate retail stations within the unincorporated area of the County, without eliminating the anti- competitive forces present at the wholesale level, is unlikely to be effective. Local regulation of retail operations may even make matters worse by eliminating the anti-competitive forces present at the wholesale level. Local regulation of retail operations as proposed would eliminate refiner operated high volume stations which currently offer low prices. It is currently estimated that 17% - 20% of San Diego County retail service stations are "company operated." The experts contend that, by itself, the reduction in the percentage of refiner operated stations in San Diego County will have little impact on retail prices since the wholesale price to station operators will most likely remain artificially high. The experts believe this will be the case even if station operators are free to seek branded gasoline from other wholesale vendors and there is no discrimination in the wholesale prices charged to the various local service station operators. /9/3 Page 4 Item No. Meeting Date: Gasoline for San Diego is refined outside of the County, and wholesale pricing and distribution decisions are made outside the County by national and mUlti-national corporations who are pursuing complex marketing strategies which have state-wide, national, and international impacts. The activities of the refiners and wholesale distributors of gasoline that have resulted in high prices in San Diego County take place outside the boundaries of the County and are generally not subject to the police power of San Diego County or the cities within this region. In light of the above, State and Federal Governments should be called upon to appropriately regulate the wholesale pricing and distribution practices of gasoline refiners. The Federal Trade Commission ("FTC") , a Federal regulatory and quasi-judicial agency with legal authority to combat unfair competition and anti-trust violations, provides an example of a governmental agency with sufficient jurisdiction and legal authority to effectively deal with the anti-competitive activities of the major oil companies. The FTC, unlike the City of Chula Vista, or the County, can regulate, monitor, and take enforcement actions against these anti-competitive forces on a comprehensive basis impacting activities of the oil companies in many geographical areas. The FTC has issued a proposed consent order directed at the anticipated merger of Shell and Texaco. The consent order, among other things, provides for the divestiture of retail service stations in San Diego County. The proposed consent order also prohibits Texaco and Shell from acquiring additional ownership of companies refining petroleum products in Alaska, Washington, Oregon or California during the next ten years without prior notification to the FTC. Addi tionally, the consent order provides that a trustee with extensive powers to sell assets may be appointed in the event that Shell and Texaco fail to comply with the various divestiture orders set forth in the consent order. Comprehensive reporting to the FTC by Texaco and Shell is required, and the consent order further provides for FTC access to corporate records of the two oil companies. The proposed FTC consent order provides an example of the type of comprehensive governmental authority necessary to combat the anti- competitive strategies of the oil companies. The city of Chula Vista, the County and the interested cities may exercise their police powers only within their respective boundaries. Therefore, there is a clear need for the County and cities of the region to work with the appropriate State and Federal officials to combat the anti-competitive forces that exist outside the boundaries of the County which are responsible for the unreasonable gasoline prices within San Diego County. /9-Y Page 5 Item No. Meeting Date: OPERATIVE DATE OF PROPOSED AMENDMENT: The draft ordinance is written so that it becomes effective when similar ordinances become effective by the other cities of the County of San Diego, so that two-thirds of the total residents of the County reside in a jurisdiction having substantially the same ordinance. According to the above-noted retained gasoline experts, the draft ordinance, even if it were adopted by all of the cities in San Diego County, would probably have Ii ttle long-term effect on overall gasoline prices in the region since it does not address wholesale pricing or distribution practices. The refiners can curtail deliveries of gasoline and artificially raise average terminal prices. They can also maintain price differentials through franchise fees that differ by location. In addition, even if wholesale prices where lowered to some retail outlets, retailers could still charge high retail prices in their local areas if market conditions permitted. We note that the Automotive Trade Organizations of California ("Auto-Ca") steadfastly maintains that local ordinances requiring fewer refiner operated service station will lower prices by facilitating competition at the retail level. Due to potential actions seeking to have the ordinance declared unenforceable should the City's adopted ordinance become operative, we have discussed the possibility of obtaining an agreement from the County or the City of San Diego to defend and indemnify the City from any challenge to the regulation. It is recommended that we obtain a legally binding joint defense agreement, protecting the City, before the regulation becomes operative. RECENT ACTIONS: A substantially similar draft ordinance came before, and was approved by, the County Board of Supervisors on January 13, 1998. A copy of the County's similar ordinance has previously been provided to the Council by staff. On February 2, 1998, the city of San Diego also introduced a similar ordinance. At the present time it is the positions of the County Board of Supervisors that County Council pursue a declaratory relief action in Superior Court prior to its ordinance becoming effective. FISCAL IMPACT: None at this time. Potential legal costs impact if the ordinance is challenged. c:\cbs\cvcity\bjm\gas.agd /9~ --.-.---.....--.--- - ---"-- ORDINANCE ;< 7 c2 0 AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING A CHAPTER TO THE CHULA VISTA MUNICIPAL CODE RELATING TO REGULATING THE DISTRIBUTION OF GASOLINE AND THE OPERATION OF GASOLINE SERVICE STATIONS The City Council of the City of Chula Vista does ordain as follows: SECTION I. That Chapter 5.6 (commencing with Section 5.66.010) is hereby added to Title 5 of the Chula Vista Municipal Code to read as follows: Chapter 5.66 SERVICE STATIONS Seo. 5.66.010. PURPOSE AND INTENT. The City Council finds that the provisions of this chapter 5.66 are necessary to promote competition between motor fuel retailers in the City of Chula Vista. Such competition will result in the City of Chula vista consumers paying reasonable prices for motor fuel. In addition, this chapter is intended to cause retail prices of motor fuel in the City of Chula Vista to compare more favorably with prices charged to motor fuel consumers in other parts of the State of California. Seo. 5.66.020. DEFINITIONS. As used in this chapter 5.66, the following terms shall have the meanings respectively ascribed to them in this section: (a) "Affiliate" means any person who, other than by means of a franchise, controls, is controlled by or is under common control with any other person. (b) "Company operated station" means a retail service station operated by a refiner with employees of the refiner or by a commissioned agent, contractor or consignee of the refiner for the sale of motor fuel to the general public for ultimate consumption. A retail service station operated by a franchisee shall not constitute a company operated station. (c) "Control" means the direct or indirect ownership of or the right to exercise a directing influence over more than 50 percent of the beneficial interest in any person. (d) "Cost of doing business" means the expenses, on a per gallon sold basis, incurred by a refiner to sell motor fuel at a 1 /9·-t company operated retail service station and includes, without limitation, the value of all goods, the costs of delivery of any goods or commodities, services, facilities, real property and improvements, labor and overhead used, consumed, expended or reasonably allocated by a refiner in connection with the retail acti vi ty. "Cost of doing business" does not include the cost of extracting or purchasing raw crude oil, the cost of refining crude oil into motor fuel or the cost of delivering motor fuel to the truck loading terminal. (e) "Franchise" means any contract between a refiner and a motor fuel retailer under which a refiner authorizes or permits a motor fuel retailer to use, in connection with the sale, consignment or distribution of motor fuel, a trademark that is owned or controlled by the refiner. "Franchise" includes: (1) Any contract under which a motor fuel retailer is authorized or permitted to occupy leased marketing premises to be employed in connection with the sale, consignment or distribution of motor fuel under a trademark which is owned or controlled by such refiner; (2) Any contract between a ref iner and a motor fuel retailer pertaining to the supply of motor fuel that is to be sold, consigned or distributed under a trademark owned or controlled by a refiner; and (3) The unexpired portion of any franchise, as defined in this subsection, that is transferred or assigned as authorized by the provisions of such franchise or by any applicable provisions of law that permit such transfer or assignment without regard to any provisions of the franchise. (f) "Franchisee" means a motor fuel retailer who is authorized or permitted under a franchise to use a trademark in connection with the sale, consignment or distribution of motor fuel. (g) "Franchisor" means a refiner who, under a franchise, authorizes or permits a motor fuel retailer to use a trademark in connection with the sale, consignment or distribution of motor fuel. (h) "Grade of motor fuel" means motor fuel of a particular quality or class and sold under a particular trademark, trade name or brand. (i) "Leased marketing premises" means marketing premises owned, leased or in any way controlled by a franchisor and which the franchise is authorized or permitted, under the franchise, to employ in connection with the sale, consignment or distribution of motor fuel. 2 )9- ? (j) "Market retail price" means the per gallon price at which a refiner sells or offers to sell to the public a grade of motor fuel at a company operated station, less the cost of doing business at the retail service station. (k) "Market premises' means, in the case of any franchise, premises which, under the franchise, are to be employed by the franchisee in connection with the sale, consignment or distribution of motor fuel. (1) "Motor fuel" means gasoline and diesel fuel of a type distributed for use as a fuel in self-propelled vehicles designed primarily for use on pUbic streets, roads and highways. (m) "Motor fuel retailer" means a person who is not an affiliate of a refiner and who purchases motor fuel primarily for sale to the general public for ultimate consumption at a retail service station. (n) "Overcharge" means a sale of or offer to sell motor fuel to a motor fuel retailer at a price that exceeds the price charged any other motor fuel retailer for motor fuel supplied from the same truck loading terminal. "Overcharge" shall not be construed to prevent due allowances for the refiner's actual costs, including delivery, marketing, facility, and real estate costs. (0) I'Person" means an individual, proprietorship, firm, partnership, joint venture, syndicate, company, association, cOlDl1\ittee, corporation, trust or any other organization or group of individuals acting in concert. "Person" does not include governmental entities. (p) "Price" means the price of a gallon of motor fuel paid to a refiner by a motor fuel retailer, less the value, on a per gallon sold basis, of all rebates, discounts, credits, incentives and other benefits extended by the refiner to the motor fuel retailer. (q) "Refiner" means any person engaged in the refining of crude oil to produce motor fuel and includes any affiliate of such person. (r) "Retail service station" or "service station" means a facility, including land and improvements, where motor fuel is sold at retail to the motoring public. Sec. 5.66.030. RESTRICTIONS ON COMPANY OPERATED STATIONS. (a) On or after July 1, 1998, a refiner shall not open a new company operated retail service station in the City of Chula Vista. 3 /9~¿j/ (b) On or after January 1, 1999, no more than fifty percent (50%) of retail service stations owned by a refiner in the City of Chula Vista shall be company operated stations. (c) On or after January 1, 2000, no retail service stations owned by a refiner in the City of Chula vista shall be company operated stations. Sec. 5.66.040. TEMPORARY COMPANY OPERATED STATIONS. (a) Notwithstanding section 5.66.030, a refiner may open and operate a company operated retail service station, at a site described in subsection (b) of this section, for a period not to exceed 90 days when, in accordance with state and federal law: (1) A motor fuel retailer vOluntarily determines to terminate or not to renew a franchise with the refiner; or (2) The franchise between the refiner and the motor fuel retailer is terminated or not renewed by the refiner. (b) The company operated station referred to in subsection (a) of this section shall be opened and operated at the same site as the retail service station operated by the motor fuel retailer who was the franchisee. Sec. 5.66.050 WHOLESALE PURCHASING RIGHTS. (a) On or after the operative date of this chapter, a refiner shall not enter into any contract or take any other action to prevent a branded motor fuel franchisee operating in the City of Chula vista from purchasing the refiner's branded motor fuel from any location or through any vendor in the refiner's wholesale fuel network. This section shall not affect any contracted rights in existence on the date immediately preceding operative date of this chapter. (b) A refiner shall not discriminate in price between the different franchisee purchasers of the refiner's branded motor fuel if the price discrimination effectively prevents a franchisee from taking advantage of price differences at different locations or between different wholesale vendors. Sec. 5.66.060 PRICE DISCRIMINATION PROHIBITION. A refiner may not: (a) Sell or offer to sell to a motor fuel retailer any grade of motor fuel at a price that exceeds the then current market retail price for the same grade of motor fuel supplied by the refiner, from the same terminal, to a company operated station; or (b) Overcharge a motor fuel retailer for motor fuel. 4 /9-C¡ ---,-_.. Sec. 5.66.070 ENFORCEMENT RESPONSIBILITY. (a) The City Attorney shall enforce the provisions of this chapter. (b) Any person who believes that a violation of any portion of this chapter has occurred may file a complaint with the City Attorney. If the City Attorney determines that there is a reason to believe a violation of this chapter has occurred, the City Attorney shall investigate. (c) The city Attorney may exercise such investigative power as are necessary for the performance of the duties prescribed in this chapter and may demand and shall be furnished with all records of refiners and motor fuel retailers which may be pertinent to such investigation. Sec. 5.66.080 VIOLATIONS CONSTITUTE MISDEMEANORS. Any person violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed five hundred dollars ($500.00) or by imprisonment for a period of not more than six (6) months in the County Jail or by both such fine and imprisonment. Sec. 5.66.090. CIVIL ENFORCEMENT. (a) Any aggrieved person may enforce the provisions of this chapter by means of a civil action. (b) Any person who commits, or proposes to commit, an act in violation of this chapter may be enjoined therefrom by a court of competent jurisdiction. (c) An action for injunction under subsection 5.66.090 (b) may be brought by an aggrieved person or by any person or entity which will fairly and adequately represent the interests of the aggrieved person. (d) Nothing in this chapter shall preclude any aggrieved person from seeking any other remedy provided by law. Section II. Effective Date. This ordinance shall become effective no earlier than thirty (30) days after its adoption and not before the Board of Supervisors for the County of San Diego makes operative an ordinance which is the same as or substantially similar to this ordinance and the County of San Diego and/or the ci ty of San Diego executes a legally binding agreement with the City of Chula vista to the satisfaction of the City Attorney which provides for the County and/or the city of San Diego to indemnify the City of Chula Vista from any legal action challenging the City 5 /9/ /¿/' of Chula Vista's adoption of this ordinance. Presented and Approved as to Form By c:\cbs\cvcity\bjm\gas-2.ord 6 /9'i1 COUNCIL AGENDA STATEMENT Item ~C Meeting Date ...2110/98 ITEM TITLE: RESOLUTION / oF{ r Y AUTHORIZING THE MAYOR TO EXECUTE THE SECTION 108 ApPLICATION TO HOUSING AND URBAN DEVELOPMENT (HUo) TO AUTHORIZE $1 MILLION FOR FUNDING THE PROPOSED CHULA VISTA SMALL BUSINESS REVOLVING LOAN FUND PROGRAM SUBMITTED BY: Community Development Director {.s, REVIEWED BY: C;~ M'"'g" JG .,~ (4/liths Vote: Yes....!.. No~ BACKGROUND: Council previously approved hiring a consultant to assist staff to develop a HUD Section 108 Loan/Loan Guarantee Program. On August 5, 1997, Council approved the Consultant's Phase I feasibility findings and directed staff and the Consultant to proceed with: 1) preparing a Section 108 Generic Application seeking HUD authorization for the City to make Section 108 loans; and 2) developing a Small Business Revolving Loan Fund (RLF) Program. Staff was directed to prepare a comprehensive RLF Program Manual, and to return to Council with the proposal Manual as well as recommended program staffing. Two public hearings were subsequently held in November and December to receive public comment on the proposed amendment to the City's FY 1997/98 CDBG Consolidated Annual Plan to include the Small Business loan Program (see page II, Attachment A). No comments were received and the Plan was amended accordingly. RlF program development has continued. Staff is now recommending that Council approve submission of the Generic Application to HUD for $1 million in Section 108 loan authorization, giving Chula Vista the option to access these funds in the future for specific loans to private business (see Application, Attachment B). Per HUD requirements, the application summarizes proposed basic underwriting criteria and anticipated public benefits. The Chula Vista RlF Program Manual delineating detailed policies and procedures will be brought to Council in 2·3 months. A Chula Vista RlF loan Committee is being formed to assist staff with developing the RlF guidelines. Staff is requesting Council approval of the application now (prior to adoption of the Program Manual) because: 1) HUD review and approval of the Generic Application is a 6 month process; and 2) the Generic Application's basic underwriting criteria are very conservative, and if changed at all, will be "tightened" to reduce risk to the City even further. Approval now will eliminate a 6 month delay in program implementation from the time of the RlF Manual's adoption by Council. No loans will be made until aher Council bas approved specific eligible uses of funds, and specific underwriting criteria, as well as RlF policies and procedures. RECOMMENDATION: That Council adopt the resolution authorizing the Mayor to execute the HUD Section 108 Generic Application to authorize $1 million for funding the proposed Chula Vista Small Business Revolving Loan Fund Program. ~éJ --I Page 2. Item _ Meeting Date 02110/98 BOARDSICOMMISSIONS RECOMMENDATION: Staff presented a HUD Section 108 funded Business loan/loan Guarantee Program Issue Paper to the EDC. The EDC by consensus recommended that staff move forward on the project. DISCUSSION: A. HUD SECTION 108 PROGRAM SUMMARY As discussed in previous staff reports, Section 108 authorization allows the City to offer a Revolving loan Fund (RlF) to assist businesses in Chula Vista to expand, and to help recruit new businesses to the City. Eligible loan activities under HUD regulations include real estate and equipment acquisition, construction, rehabilitation of commercial and industrial buildings, working capital, and tenant improvements. Under the Section 108 program, the City can "borrow against" its future annual CDBG allocations to make loans to private business. The Section 108 loans are guaranteed by HUD and are issued by a private investor to the City of Chula Vista which in turn loans to a private business. The business loans are repaid by the business borrowers. In addition to the City's pledged annual CDBG funds as collateral, the City will require borrower security. The proposed Section 108 application requests HUD to approve $1 million in Chula Vista loan authorization. Section 108 funds will be drawn down only as needed for each individual business loan. The proposed application provides that $100,000 of the $1 million authorization be set aside as a loan loss reserve. Risk to the City created by loan defaults is reduced by the conservative underwriting criteria outlined in the proposed application and by an RlF loan Committee's review of each loan application. (See Attachment C for a detailed discussion of the Section 108 program as provided to Council with previous reports,) Review of comparable RlF programs across the country found an average default rate of less than 5%; however, the proposed 10% loss reserve allows the City a greater "comfort" margin. The Section 108 loan loss reserve will be replaced over time with program income generated by RlF fees and interest. At no time will the general fund be used for loan repayment. Section C.4. below describes City default liability and procedures in more detail. B. CHULA VISTA SECTION 108 RLF POLICIES AND PROCEDURES/STAFFING As noted previously, no loans will be made to Chula Vista businesses until after Council has approved a Chula Vista RlF Program Manual which delineates specific underwriting criteria and program policies. Per Council direction, the City's Section 108 consultant, Claggett Wolfe, is currently assisting staff to develop these guidelines. Additionally, as discussed in previous reports, staff is establishing a Chula Vista RlF loan Committee, with representatives from local lenders and the business/economic development community. (See Attachment D for more information regarding the RlF loan Committee.) This Committee will be instrumental in determining program guidelines and in reviewing and approving future individual loans. Examples of RlF policies currently being developed include the determination of eligible businesses and uses of funds, targeted geographic areas and/or industries (if any), minimum and maximum loan amounts, specific underwriting criteria (interest rate, fees, collateral required, debt ratios, etc.), private loan match and equity requirements, application review and approval process. Upon completion of the recommended RlF guidelines, staff will return to Council with the proposed c2 ¿¡ .- d--. Page 3. Item _ Meeting Date 02110/98 Program Manual, as well as specific recommendations related to RLF staffing needs. As noted in previous reports, typical local Section 108 RFP programs are supported by 1.5 full time staff. Staff has been further evaluating optional staffing scenarios. At this time, staff intends to submit a request to Council for $20,000 in FY 1998/99 CDBG funds for a contractual RLF Loan officer. Community Development Department staff are currently analyzing department·wide workload and staffing issues as part of the FY 1998/99 budget process in light of the progress made to date On the RLF and the Council identified areas of improvement. It is anticipated that additional Community Development staffing may be needed to support Council priorities and that RLF administration could be one of this new staffer's responsibilities. C. SECTION 108 ApPLICATION TO HUD HUD requires that the City seek public input concerning the inclusion of the Section 108 Business Loan activity in the City's CDBG Consolidated Annual Plan prior to application submittal. Council held two public hearings on this activity as well as the application to HUD and received no public comment. The proposed Section 108 Small Business Loan Program was subsequently added to the City's CDBG Plan on December 13, 1997. (Council will recall that extensive business community input was solicited previously as part of the consultant's feasibility analysis.) Staff is now seeking Council approval to submit (see Attachment D). The purpose of the Section 108 application is to obtain a Section 108 loan authorization amount. This amount cannot exceed five times the City's annual entitlement amount. In Chula Vista's case, our entitlement is approximately $2.1 million, which allows us a maximum loan authorization amount of $10.5 million. We are requesting $1 million. HUD requires the Section 108 application to generally describe the following: 1) How loan funds will be used; 2) Basic standard underwriting criteria; 3) How CDBG National Objectives and Chula Vista Community Development Objectives will be met; 4) What security will be provided; 5) How the individual loan repayment schedules will be structured; and 6) certain standard legal certifications. These 6 sections of the proposed application are summarized and explained below: 1. Project Description (Schedule A in Attachment D): The Chula Vista RLF will be utilized to provide incentive financing for expanding and new companies within the City of Chula Vista. The Section 108 application is "Generic." Individual transactions will be identified in the future and must comply with the underwriting criteria outlined in the application (see item #2 below, and Schedule B in Attachment DJ Under the Generic Application, eligible loan activities include real estate, personal property, working capital, tenant improvements, and furniture, fixtures and equipment. HUD requires that the application identify general uses of funds. Consistent with the Consultant's Feasibility Study findings that there is a lack of incentive financing in Chula Vista for real and personal property acquisition and for working capital, as well as with our goal to minimize risk, staff recommends that the RLF be funded at $1.000,000, with $700,000 allocated for real property, $150,000 for personal property, and $150,000 for working capital. If, as the RLF is implemented, it becomes desirable to modify the loan distribution it can be done easily with an amendment to the application. ~J .. ......... '-'.'.--".-"-' ----...----- Page 4. Item _ Meeting Date 02110/98 2. Underwriting Criteria (Schedule B in Attachment D): "Generic" Section 1 D8 applications to HUD allow cities to subsequently approve multiple loans without having to seek HUD Central approval for each individual transaction. This is based on the fact that all loans must meet ore·aooroved underwritina criteria as put forth in the City's application. These standard criteria are recommended by HUD and reflect a low risk profile. The proposed application identifies basic criteria for both Business Loans and Investor Loans. These are described below: Business Loans Business loan transactions involve loans repaid from cash flow generated by the business' sale of goods Dr services. The company must demonstrate ability to generate sufficient cash flow to cover debt service, as well as capital expenditures and working capital. The projected debt coverage must be 1.15 Dr greater. Each loan will be secured by a specific lien on real and personal property with loan·to·value ratios as follows: Real Property: Up to 80% loan to value Personal Property: Up to 75% loan to Value Receivables: Up to 75% loan to value Inventory: Up to 60% loan to value Loan maturities may not exceed the economic life of the asset financed. Borrowers must contribute sufficient equity to protect the interests of the City of Chula Vista and must personally guarantee each transaction. Specific terms of each equity requirement and personal guarantee will be determined at the discretion of the City's loan committee. The company must demonstrate sound accounting practices, and must have experience in operating a successful business venture. In addition, the borrower must be reputable and have good credit history. Investor Deal Investor transactions involve loans to finance income producing real estate. Debt service is paid from cash flow generated by leases to third parties. The investor deal must have a strong market for the space to be leased, in addition to having at least 50% of the project pre·leased to good tenants. The projected debt coverage should be in excess of 1.15. The maximum loan to value is 80% of the lower of: 1) cost Dr 2) value. 3. National and Community Development Objectives (Schedule C & D in Attachment D): The RLF will adhere to the CDBG national objective of low/mod benefit by providing employment opportunities, at least 51 % of which will be available to, Dr held by, low and moderate income citizens. The RLF will meet community development objectives by enhancing current efforts to expand entrepreneurship, eliminating slum and blight, and creating new jobs. In addition, each project will conform to the public benefit thresholds (i.e. 1 job per $50,000 of each RLF loan, Dr 1 job per $35,000 of total RLF loans made over the course of the program.). ~o~y Page 5, Item _ Meeting Date 0211 0198 4. Additional Security (Schedule E in Attachment D): Under the Section 1 DB program, HUD guarantees notes issued by private investors. Proceeds are loaned to the City which, in turn, loans money to local businesses. Because HUD guarantees the notes (and in turn requires the City to pledge its annual CDBG allocations as collateral), the investor is able to borrow funds at very competitive rates. The City's application specifies that the City will also place liens on the assets financed, and may require personal guarantees as well, depending on the individual loan's risk factors. Local Section 108 RLF Programs with relatively conservative criteria such as we are proposing typically experience loan default rates less than 5%. In the event of a business' "incurable" default on its loan, the City is liable for repayment to the private investor. In order for HUD to be able to issue notes to payoff the private investor on behalf of the City, the City's Section 108 authorization must include the default repayment amount. Therefore, staff has included a $IDD,OOO (ID%) loan loss reserve fund in its $1 million Section 108 authorization request. Based upon the City's proposed conservative underwriting criteria, the $100,000 reserve amount is expected to more than enough to cover anticipated defaults. Although HUD will issue notes to payoff the investor should a default occur (up to the City's authorized loan loss reserve amount), the City is then liable to repay HUD from its annual CDBG grants. Impact on the City's annual CDBG funds is mitigated by the fact that the City is able to payoff the individual loan for a period of up to 2D years. In summary, the default process and the liability to the City and HUD are as follows: 1) Business defaults on loan 2) HUD issues notes (up to City's Section lOB authorized amount; our application requests a $1 DO,OOO loan loss "reserve:) 3) HUD repays investor 4) City repays HUD using annual CDBG grants over a period up to 20 years. To further mitigate the risk to the City, the RLF Program is being designed to include a 1 % administrative fee with these future proceeds going to an "unencumbered" Loan Loss Reserve. This program income will ultimately be used to directlv repay the private investors, as needed, eliminating any further City liability to HUD. Finally, staff is continuing to monitor HUD's Economic Development Initiative (ED I) program which offers cash grants to fund a Section lOB Loan Loss Reserve. It is uncertain when HUD will open this program to competitive applications. 5. Loan Repayment (Schedule F in Attachment D): HUD does not recommend, and in most cases will not allow a lump sum draw down by the City of the Section lOB allocation. Funds will be drawn down only as loans are made, and will be paid back to the ;¿¿J, S- Page 6. Item _ Meeting Date 02/1 0/98 private investor as payments are received by the City from the private borrower. In general, real property loans will be paid back over a period up to 20 years; personal property loans will be paid back over a period up to 7 years; and working capital loans will be paid back over a period up to 3 years. If private borrowers default on their payments, the City is liable for repayment to HUD. As discussed above, the maximum anticipated loss rate is 10%. A worst case scenario is illustrated by the hypothetical (and virtually impossible) drawdown and default of the entire $1.000.000. The resulting repayment to HUD by the City, using annual CDBG entitlement grants, is illustrated in Schedule F of Attachment D. This chart shows payments in the $80,000 to $90,000 range years 1·3, decreasing to $42,000 in year 4, and staying in that general range through year 20. The payments are higher in the first few years because the working capital and personal property loans are paid back over 3 and 7 years, respectively. 6. Certifications (Schedule G in Attachment D): HUD requires that the City of Chula Vista certify it has the legal authority to pledge grants; that the proposed project can not be implemented without the Section 108 loan; that the City is presently not debarred or suspended from transactions by any Federal department; that the City has not or will not engage in lobbying activities pursuant to this application; and that the City will provide a drug· free workplace. E. SECTION 108 LOAN ApPLICATION REVIEW PROCESS The application will be submitted to the HUD Area Office in Los Angeles for review prior to submission to the HUD Central Office in Washington D.C. The Area Office will review the application for compliance with Section 108 eligibility regulations. After determining the application is complete, the Area office will submit the application to the HUD Central Office in Washington D.C. for final approval. The Central Office verifies the eligibility and underwrites the transaction. The HUD Central Office review will result in one of three likely outcomes: 1) approved application; 2} denied application; or 3) approved application in a lesser amount. The total HUD review process is anticipated to take 3.5 to 6 months. FISCAL IMPACT: Council previously appropriated CDBG funds for the Section 108 consultant and authorized staff time for program development. There is no additional fiscal impact associated with staff's recommendation to submit the Section 108 application. As staff has discussed in previous reports, there are, however, staffing impacts and potential direct fiscal impacts of future RLF program implementation. These include: 1) Existing Staff: Substantial Community Development and legal staff time to further develop Program Guidelines (policies, procedures, legal documents, establishment of Loan Committee, etc., and the Program Manual compilation for future submission to Council). 2) Additional RLF Staff: RLF programs of similarly sized cities are typically supported by the equivalent of 1.5 full time positions. Staff will be submitting a request for $20,000 in FY 1998199 CDBG funds to contract 02.0/t ~--._- Page 1, Item _ Meeting Date 02/1 0/98 a loan consultant/community· based financing agency for services pertaining to credit analysis, processing, closing, and servicing RlF loans. As part of the FY 1998/99 budget process, staff is evaluating the need for an additional staff person within the Community Development Department due to increased workloads and expanded Council priorities. Staff is reviewing the potential for administration of the RlF program (including program marketing, contract administration, loan Committee management, and CDBG compliance) to be among several duties assigned to a new staff person. 3) loan Defaults: There is a risk of individual loan default and therefore the need for the City to use future CDBG funds to repay loans. This is discussed in detail in Section C.4. IDDA) H:IHDMEICDMMDEVlSTAFF.REPII2-16·97ISECTIDN.1D8 IJ"..ry 3D. 1998 13:51pmll ~/ifé~ ~{/// .._.~.- ___ ___,·,___.......m...__...___.._.__ RESOLUTION NO, /g-g-97' RESOLUTLON OF THE CLTY COUNCLL OF THE CITY OF CHULA VLSTA AUTHORIZING THE MAYOR TO EXECUTE THE SECTION 108 APPLlCATLON TO HOUSING AND URBAN DEVELOPMENT (HUD) TO AUTHORIZE $ 1 MILLION FOR FUNDING A CHULA VLSTA SMALL BUSINESS REVOLVING LOAN FUND PROGRAM (RLF) WHEREAS, Council previously approved hiring a consultant to develop a HUD Section 108 Loan/Loan guarantee program; and WHEREAS, on August 5, 1997, Council approved the consultant's Phase I feasibility findings and directed staff and the consultant to proceed with preparing the Section 108 application and developing a Small Business Revolving Loan Fund Program (RLF); and WHEREAS, two public hearing were subsequently held to receive public comment on the proposed amendment to the City's FY 1997/98 CDBG Consolidated Annual PLan to include the RLF; and WHEREAS, no comments were received and the PLan was amended accordingly and the HUD presubmission requirements were completed. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does adopt this Resolution which authorizes the Mayor to execute the HUD Section 108 Generic AppLication to authorize $1 million for funding the proposed ChuLa Vista Small Business RevoLving Loan Fund Program, Presented by Approved as to form by (Uh ~ - Chris SaLomone Director of Community Development [(DDA) H:\HOME\COMMDEV\RESOS\hud.app (January 30,1998 (11;39am)J ~O-- ~ .. .___nn._..__.___ ßC~o ATTACHMENT A City of Chula Vista Amended Consolidated Annual Plan Fiscal Year 1997-98 This Consolidated Annual Plan delineates the City's plans for use of funds during the fiscal year 1997-98, The Plan describes: A) the resources available for program implementation; B) activity to be undertaken; C) monitoring; D) homelessness; E) anti-poverty strategy; F) coordination; G) obsta~ underserved needs; H) geographic location for expenditure of CDBG funds; and I) Sectiotll08 Lo '. . ogram. This plan is consistent with the priority housing needs, priority homeless neeåÞ. pri. special needs populations, and priority non-housing community developm,s liste ' ity of Chula Vista Consolidated Plan for Fiscal Years 1995-1999. A. HOUSING MID COlYlMUNITY DEVELOPlYIENTRESOURGES Financing Resources Financing resources for addressing housing and community dey~meJ'l~eeds are fairly limited for the City. To ultimately reach the goals of the City, a varie~Ò'f resõffi!2gs::~,ust be used to achieve each objective, Table 1 describes the eligible activities of a variety of res~1f{s"d~ified in this section. The limited City resources must be leveraged with additiona . _ ds frO~d public sources and programs. Parmerships with banks, nonprofit, an riva eve opers are ne~¡re . Achieving these goals requires community volunteer efforts to raise . $, solic~ra!JÍS:a.nci don~¡i'''iirite. The City can facilitate the use of developers and potential homeowne of tax-e;em~nd issuances), low income tax credits, and other tax credit programs. /'_ The City anticipates using the followin eral pro amsfor imPlementation of the Consolidated Annual Plan: · , G the City is an entitlement City and receives an overnmen ese funds can be used for public facilities, services, nd below the median County income) persons. For FY 1997-98 3,000 in CDBG funds. · City eceives an annual grant from the HUD program through a rocess. The funds can be used for new housing construction, housing ce or to assist first time home buyers, For FY 1997-98 the City is 00 in HOME funds. istance - the County of San Diego operates the City's program and will receive e next five years to provide rental assistance for low income families (50 % Qf income) , sfé. . McKinney Homeless Act - a variety of programs are available to fund homeless ansitional housing programs and emergency shelters. · HUD 202 Program - funds are for new construction of senior housing. The City of Chula Vista Annual Plan Consolidated Plan I /~ }/ ..2¿) _ ~e-Year Use of Fands I" .---- -,. · Federal tax exempt housing revenue bonds provide low interest bonds for the acquisition and construction of low income housing projects. The City also plans to use funds through the following State or local government programs: · Redevelopment Agency 20% Set-Aside Program - every year, the City's Redevelopment Agency sets aside approximately twenty percent of the tax increment revenue it generates from its five redevelopment project areas to be used for the development and rehabilitatio f affordable housing. ÎJ. · Mortgage Credit Certificate Program - tax credits for fir~.e ho assisted approximately 150 first-time home buyers, :r~e¡ty expec 1998 from the California Debt Limit Allocation Comffiittee. The City supports the application of other entities within the Lor programs which wo . as.sJS 7. e City in re~ching the goals o~ the Plan, Th~se programs. include E_elter Grant, SUP=~ousing, Housmg for Persons WIth AIDS, low mcome housmg tax credIts,: ' rrgage revenue bonds. See Table 2: Support of Applications by Other Entities, Non-profit housing developers and serv"c developers and service providers are som important role in the Plan, · esidential, commercial or mixed-use projects "~rofit capacity building and pre-development grants · . rporation (CCRC) - Provides permanent financing of multi- sing cooperatives, · . ices (SBCS) - Multi-service social service agency and affordable losely with the City on numerous community improvement projects. 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" ~"'" u Z ·0 o )-< . . ,.. co ~ ': õ: " É ~ " > " " E "¡¡ " '" Z ò~ E '§ ~ E " " .. I- EU " bD "" ES E 0 " o .. I- 0 :r:";" =- u " ~ .S - " "Ë Ë " '- .. ~ " - @e- 1j õ - 0 ,,-:r: UU "" " '¡¡ .;; :: " " " .:::; ~ ,,~ c. t=:1j ::..... t: - - ""= ~ - =~ " " E {,,; ''::: "" " " I- " c..¡"" I- = 0 ~~ "" " u " ~ ~ I- " ~ ~ ::: =- ¡::: E -' " " " Ùc..¡ - I- " "" .::: E t:=- .,,¡ ,.¿;r ,;2. (!J ~ / {;- Table 2 U,S. Department of Housing and Urban Development CPD Consolidated Plan Support of Applications by Other Entities Report Funding Source A, FormulalEntitlement Programs ESG Public Housing Comprehensive Grant B, Competitive Programs " HOPE I HOPE 2 HOPE 3 Y ESG Y Supportive Housing y HOPW A y Safe Havens y y Section 202 Elderly y Section 811 Han7ped y y Moderate RehabiSRO y y Public Ho y y Public Housing CrAP y . LIHTC Y City of Chula Vista ~ :ø --/7 Annual Plan: Consolidated Plan One-Year Use of Funds ~ '<:¡ / / 0--- B. ACTIVITIES TO BE UNDERTAKEN Table 3: Funding Sources illustrates the City's CDBG and HOME allocations an~rogram. '. available for the coming fiscal year. Table 4: Listing of Proposed Projects identifies thè':p~'ects rec¡]e financial assistance from the CDBG and HOME programs, , C. MOi'<1TORING Careful evaluation of the housing and public service delivery system can be the oS(:ooi.'ff~ctive tool in detecting gaps and maIGng appropriate modifications. Chula Vista monitors its sû1itt~h~;, conducts in- house reviews of progress reports and expenditures and perfonns on-site visits to eìfs1ìrã:"""'" . ance with federal regulations. Agreements made with subgrantees encourage unifonn repor:tttíg t eve'll¡) istent infonnation on beneficiaries, Technical assistance is provided when necessa~ D. HOiYIELESSNESS " · · · - tte day care and job training services are offered at this very low · Casa Nueva Vida I & IT: Residents are required to secure an income and save money for their first month·s rent plus security deposit. They are referred to outside job training agencies for help in securing a job. Independent living skills are taught in areas of health, nutrition, immunizations, parenting, and other pertinent issues, Individual and family counseling is also offered. . F. COORDL1'IATION The City will coordinate and implement its strategies through the following activities: Acrivity : Target available CDBG funding to those areas and population exhibiting the greatest need. City of ClllIla Vista Annual Pla1l: ConsoUdated Plan ;2.. f} - / d'6ne-Year Use of Funds ----~ - -.-..-.- Activity : Encourage social service providers to work with developers and CHDOs to provide "service-enriched housing", Services include health care referrals, [mancial couns ing, and case management. Activity : G. OBSTACLES TO UNDESERVED NEEDS H. The City plans to use CDBG funds in areas of the City where improvements ismos'll .. ed. Marty of the projects assisted with CDBG are located in the western portion,.qt,the city 'ihiêh"~~~q':ih"Þ19iãest areas where infrastructure improvements and revitalizafion is neede~The C17gntin~~- tment ADA unprovements throughout the commumty as reqUired by f~~~r!ì manda,te. ~.. ~:¡. ~ <, I.....................~:~T~.~.~.10.8~:.~~::~....~0~.~~ .... '................1(.....................,................................,..................... 'J:].Ë...9ity·...Will...·Bti!i:z~·ä;'ß~xp1YW~.h9N¡..:F)lþ~·..¡9··.*~sìst...þüsjnesses....W....c:hulà ...yìs.t~...to ... expand ....~*i~tip.g operations 0 r. esta9Iish!1ewþµ~ip~~ŠXe.p;UI'R~witl1inJhe c: ity' s ..ç0fJ.J9r~:R boundaries .<ThR§ectiqn198 !<.~Y9Ivì¡¡gLo.~¡¡ Fund is e!igible:}mder~esJion57P]()3(I){l!.:'J:]e:§RSti9qm§RRvplying L.q.~n.FµrJ.d'i'TÌll ~.db,~r~to. the nation.~lo bj ectiye pf 10\'l(l1lo~ÞË.p~fitby provi~ì¡¡gËrriploymeni OPP9rtuI!ÍtÏes , 51%Wl1ich 1HË~Yi\i}i\9Ie to (9SI1Ë1d by)10y.'~rJ.cirJ.1()qe:m:eì¡¡s9me citizËl1.?·I\sa570,203 activjty , eacl1pfpjectWHI ç9m()gp.t()...tJ¡e'I1l.'ffici~\()1)' .j:¡¡c!\y.ici\8I.·.~#ii.~ggr~gate:pyþlisþ~ge:fI\..t!JJ.;~sI1Plcis.(.l job. .p~r.$5Q, Q99.()f)'e:SQq# í9§ì3år;:jflpå1jÓ¡i;~j6þþeI~;?âipP9,fP~j'ièSRY$!~)~#Ûîiiel'#t?~ip?7O·'29~,'J:]e§è5~()Î1,;P§j)rYþl;'.ji¡'g tgfrJ.fW1ciy.'W9r5~Bi\~Ii:zËqip~WtW()IlI).l:)lPfPÆI,9PQ,PPºf!lciyiWft¡¡¡ciactiyjriË~~ucl1,~sp~.i\I$~:a:e qip$H9Hi\1...prqBr.$'%SW'i~iH9W.,v9f~if'9..Ei\Pjtt!.1····.f~f\'B1:t.!I1lPEqyËœËf\f~......frJ.cI·..·.w.fffi;UfË.~·.·.·.B0;UfËr.....¡¡.rici eqUipment. . . . . . l PROPOSED_HOME BUDGET The Federal HOME ¡¡¡estment partnership;¡,lgram (HOME) allocated funds by formula directly to state and local governme!L ¡,¡V'promote affordaJ!í~OUSing. Participating jurisdictions are able to provide this assistance to bothEfjròfit and nOIl;;mfit housing developers or directly to qualified home buyers or renters. The assi ~orm of grants, loans, advances, equity investments, and interest subsidies, To date, the City has been allocated $4,047,000 in HOME funds since 1992 when the program was created. HOME funds may be used to provide affordable rental housing and home ownership opportunities through new construction, acquisition, rehabilitation, and tenant-based rental assistance. In addition, HOME funds can be used to fund operational costs for Community Housing Development Organizations (CHDO). A CHDO is a non-profit, community-based organization that has, or intends to retain, staff with the capacity to develop affordable housing for the community it serves. Currently, South Bay Community Services is the only designated CHDO in the City of Chula Vista. The City is required to provide a 25 percent match for HOME funds used for rental assistance, housing rehabilitation, and acquisition of standard housing. A 30 percent match is required for new construction. Some examples of allowable matching contributions would include Redevelopment Agency Low and City of Chula VISta Annual Plan: Consolidated Plan ;2.ð ---Ii One-Year Use of Funds Moderate Income Housing Funds, land value (donated or a loan). on and off-site improvements, waiver of local and state taxes or fees, voluntary labor in connection with site preparation. If a project exceeds the required match, the excess credit can be applied to future projects, I , ESTIMATED 1997-98 USE OF HOME FUNDS CITY OF CmJLA VISTA 1 c;," Î æliaiim;iifi'§I&~..I§I;:ºlIiìtEL'~!i New Construction $175,600 $175,600' ,~ $0 Substantial Rehabilitation $0 ~ $0 Other Rehabilitation $0 Acquisition $450,000 Tenant Assistance $0 $0 CHDO Operation NA New construction funds can Acquisition Funds in the acqui ory are envisioned to be used to assist with the acquisition of real property to be used for the development of affordable housing. The City plans to commit $450,000 in HOME Acquisition funds for the preservation of two HUD 236 projects that are subject to be mature into market-rate apartments, 0 t The City has the option to modify the amounts by category in the future without HUD approval if the need arises. Ciry of Chu/a Vista Annual Plan: Consolidated Plan ..2ß - .,,26J Olle-Year Use of FUllds CHDO Operation The $36,800 proposed for CHDO operation costs is earmarked for South Bay CommA"" Services, the only organization in Chula Vista to be designated as a CHDO, GUrrently _ tá1 recommending, ~at the City fund their Community Developm:nt Program Wi~200 in/_ funds, By utlllZmg HOME funds to fund the SBCS Commuruty Developmefitj rogram, the;; . will free up CDBG funds tt:at can be used for other activities to benefit 10?d moder~~coIIl' households. The Commuruty Development Program has been funded by th~ity fOritífe' past six years, and during that time have become a well respected affordable hous' - du~ Last year this CHDO operation was funded from both CDBG and HOME funds, CHDO Monitoring A careful evaluation of the CHDO delivery system is an,!effectiv~ay to detèrnJ.Ù] e organization is carrying out the goals and objectives in prOviding"ffoTdå,b~uSing. ~€ity of Chula Vista will be monitoring South Bay Community SerYiæF~~ ame manne.. at it monitors CDBG subrecipients. An annual financial eXamm1ition o~~~ioîfwill be performed along with requiring South Bay Communityici"vice tgJšùbmŒ~~rIr progress reports, At year end, staff will tour the South Bay CommUniJf;rvicesf~(jil?tÿ"and related projects that were assisted with HOME funds, ,,' J!I Geographic Location for HOME Funds The City of Chula Vista *tted H~; nds to van~oJec-ts throughout the city, These projects are design_et 10~_!;~te incòffi" . useholds at or-under 60% of median income. Located a'·' aus .1" nd A ati'''râ'tis-,the Trolley Terrace Town home project. This eighteen unit multifami øome 's loc~~¡ail and transportation facilities, The estimated cost of the project is, Ìen with'nstm'd expected to begin by mid-1998 . Funds for the project will com '. ,,0 $800. prior year funds), Tax Credits ($1.3 million), Bonk of -L ,000)"" Initi,,¡., Sopport Co<p<>n<ion - USC fo, g'p financing, , Barriers to AffordaD e Housing The City has bee 4ctive in developing affordable housing opportunities for low and moderate income househol @urrent affordabTi ousing developments include Trolley Terrace (18 units) and Cordova (4 an or Cordova was donated by the developer, the City will provide $400,00' d Moderate Income Housing Fund, LISC will provide gap financing, and tax álso be utilized. The City actively encourages developers to set-aside 10% of newly developed units for affordable housing purposes, The City also strongly supports the County of San Diego's effort as supplying public housing such as Dorothy Street and L Street, As part of the Housing Element, the City works closely with developers in negotiating affordable housing agreements which require a 10% unit set-aside for low and moderate income housing. Five percent for households at or below 80 % of median income and 5 % for moderate income households. Projects that meet this criteria are Salt Creek Ranch (131 units), Sunbow II (97 units), and Otay Ranch (184 units). All these projects are located on the Eastern portion of the city, Low and Moderate Income Housing Funds have been targeted for these project, however HOME funds could also be used. City oj Chula Vista Annual Plan: Consolidated Plan One-Year Use oj Funds u __" Due to the increase price of for-sale housing, the City has developed a down payment assistance . program. Since tt:e down payment a~d closing costs require a lar¥e cash outlay, the transition ~ from rental to housmg can be a hardship for most low and moderate mcome households. The; ity . provides subsidy funds for the down payment in the form of a loan and also Plhides a 0: on of the closing costs in the form of a grant. Funds for this program are provide :~ y the , ' Moderate Income Housing Fund. r Maintaining Affordable Housing ~:r~" City Administration The City can allocate 10% or $73,600 of its HOME funds for administration, These funds will be used for overall administration and coordination of the HOME Program as well as staff time devoted to individually HOME-funded projects and programs. HOME funds used for administration do not require a match. City of Clwla Vista ~~2::L Annual Plall: Consolidated Plan One-Year Use of Funds Table 3 U.S. Department of Housing and Urban Development CPD Consolidated Plan Funding Sources Entitlement Grant (includes reallocated funds) Unprogrammed Prior Year's Income not previously reported Surplus Funds Return of Grant Funds Total Estimated Program Income Total Funding Sources: Subrecipient 1. $336,000 2. 3, 4. 5, Total Estimate $336,000 -, City of Chula Vista ,2ß~2;J Annual Plan: Consolidated Plan One-Year Use of Funds ~....._.,.,._.._- -------.-,--- ATTACHMENT B - Page 1 HUD SECTION 108 LOAN PROGRAM A. HOW COMMONLY IS THE 108 PROGRAM USED FOR ECONOMIC DEVELOPMENT ACTIVITIES? The HUD Section 108 program allows cities and counties to "borrow against" their future annual Community Development Block Grant (COBG) entitlement allocations to implement COBG-eligible activities. The Section 108 Program was established in 1974 with an emphasis on traditional CDBG activities, such as housing rehabilitation. Section 108 regulations were revised in 1987 to include economic development as an eligible activity, offering cities a new vehicle for assisting businesses who are having difficulty obtaining private financing by providing direct business loans and/or guaranteeing private loans. The program was revised again in 1990 to increase the maximum amount that a City can "borrow" to up to five times its annual entitlement and to extend the maximum loan repayment period to 20 years. Section 108 has greatly expanded its economic development emphasis and is now being utilized as a business development tool by many cities across the country. B. HOW DOES SECTION 108 WORK? Chula Vista can apply for authorization to "borrow" up to $10.35 million (5X our annual allocation) under the Section 108 program in order to provide loan guarantees and/or direct loans. 1. Loan Guarantees Under a loan guarantee program, the City provides the credit enhancement needed to make a private loan feasible. Specifically, the City reduces the risk to the lender by pledging CDBG monies as additional collateral. An example of a project·specific loan is Worchester, Mass. The City of Worchester provided an $11.7 million Section 1 DB loan guarantee to be used as credit enhancement to secure $14.1 million in AFt·Clo financing for a 93,000 sq. fl. biotech facility locating in the Massachusetts Biotechnology Research Park, (The City of San Diego and the County are currently evaluating the use of a Section 1 DB loan and/or loan guarantee for a San Diego biotech manufacturing firm considering relocating out of state.) In the event of the borrower's default, notes would initially be sold by HUD to correct the default with the private lender. The City and HUD would then negotiate a repayment schedule to retire the debt using future CDBG allocations or a previously established Reserve Fund. 2, Direct Loans Under a Direct loan program, the City is the direct lender, which allows the City to define all terms and underwriting criteria. Direct loans may be made under a standardized "Revolving Loan Program" (RLP) with pre-established. uniform lending criteria, or negotiated on a project by project basis. Under an RLP Program with pre-determined, standard underwriting criteria, the City can make loans which comply with these criteria without further HUD review. An example of a loan under an RLP Program, would be $30,000 for $100,000 in equipment, with the loan structured to meet pre-set criteria (e.g. loan term, collateral requirements, loan·to-value ration, debt -to·cash flow, minimum and maximum loan amount, etc.), and the balance coming from a private bank and equity participation. ~.J&~~{ .....-. " ATTACHMENT B. Page 2 HUD SECTION 108 LOAN PROGRAM Negotiated loans which are uniquely structured, generally as part of a comprehensive incentive package for a larger development project, and which do not comply with pre-established criteria, require individual HUD approval. (These loans would also be submitted to Council for approval prior to submission to HUD.) An example of a negotiated loan would be City of San Diego provided a $7,2 million Section 108 loan to San Diego Mercado Associates combined with a $750,000 ED! grant, a $1 million EDA grant, tax increment and private funds to develop a mixed-use project in Barrio Logan. Under this Direct Loan scenario, HUD would sell notes to investors in order to capitalize the City loans. These notes would use our CDBG entitlement as collateral. If the City were to establish a "Revolving Loan Program," the City could draw down the entire amount requested to fund the Program or could request HUD to sell notes as individual loan applications are approved. Federal note proceeds are loaned by the City to the local business, which would be required to pay debt service as well as issuance fees and interest. Interest rates are favorable due to the CDBG collateral (currently, floating rates are below 6%; fixed rates are about 6.5%), No cash outlay is required by the City. No General Fund monies are expended. The only liability to the City is in the event of a default which cannot be worked out with the borrower. At that point. the City would negotiate with HUD to set up a repayment schedule (up to 20 years) using future CDBG allocations or ø previously established Reserve Fund. C. ARE THERE OTHER SUCCESSFUL MODELS FOR THIS PROGRAM? To døte, HUD has approved over 600 Section 108 loan applications for funding Revolving Loan Programs, incubator development, and real estate development projects, Successful programs range from the negotiated $11,7 million biotech loan guarantee in Worchester, Massachusetts to the City of Hayward's $1 million RLP which offers loans ranging from $5,000 to $100,000. In California alone, approximately 85 cities have a Revolving Loan Program; of these approximately 45 are funded by CDBG or Section 108, with other sources including EDA grants, Industrial Development Bond fee revenue, Business Improvement District funds, General fund, and private capital. Staff has researched numerous Section 108 and CDBG funded loan programs to identify both the key elements of success and the potential pitfalls. The proposed Chula Vista RLP is envisioned to be modeled loosely after the Hayward program. See Attachment C for a summary of Hayward and other sample programs. D. WHAT ARE THE SECTION 108 ELIGIBILITY CRITERIA FOR BUSINESS LOANS? 1. Elioible Activities: Section 108 funds may be used for: equipment, land and buildings; construction and rehabilitation; site improvements, clearance, demolition, and relocation; working capital; and micro enterprise development. ~ ;&?--2f _.___.._...___~._._._ "d'_'·' ATTACHMENT B. Page 3 HUD SECTION 108 LOAN PROGRAM 2. COBG National Obiectives The use of the funds must satisfy one of the two main COBG national objectives, namely: 1) majority benefit to low and moderate income persons; or 2) elimination or prevention of slums and blight. Economic development activities that create or retain iobs, a majority of which could qualify under the low and moderate income benefit criteria, have been emphasized in the past. This criteria can be met by documenting that jobs created or retained are "made available to low and moderate income workers." 3. "Necessarv and aoorooriate" test HUD requires staff to make a finding that the use of funds for a for-profit entity is needed because private debt financing is unavailable or too costly, or private equity investment will not occur because the return is insufficient. Job creation and the overall favorable impact on the local economy is also taken into account. E. WHAT IS THE RISK TO THE CITY? 1. Borrower defaults Public sector economic development financing is utilized to assist businesses which are otherwise unable to obtain adequate private financing, Therefore, such public assistance inherently entails an element of risk, Under Section 108, the City must pledge security for each loan made, including future CDBG entitlements and Section 108 program income (interest, fees). If a community uses sound underwriting standards and requires loans to be paid within the life of the asset financed, no additional City security would be required. However, the borrower may be required to place a lien on the asset financed (mortgage, deed of trust, UCC filing) and to provide some form of personal guarantee. If the City wishes to finance a "riskier" project, with negotiated, non·standard underwriting criteria, HUD will most likely require the City to pledge additional security, such as tax increment or other identified sources of income. As noted, in the event of a default, HUD would assume payments on the loan. The City would reimburse HUD, ideally from a Program Loss Reserve Fund which could be created using City loan origination fees andfor interest rate premiums, future CDBG allocations, redevelopment funds, or other sources, Specific terms of repayment would be negotiated with HUD. 2. Risk Mitioation: Citv Policies and Procedures Clearly, the City should minimize its risk. Risk mitigation measures that will be evaluated in Phases II and III include, but are not limited to: . Shared public/private risk exposure: Emphasizing andfor limiting loans to "gap" financing structured to leverage as much private investment as possible. ~ c2tJ~2þ · ATTACHMENT B. Page 4 HUD SECTION 108 LOAN PROGRAM · Full Security: Requiring trust deeds, collateral, personal guarantees, etc. in order to offset the City's risk. · Term Limitation: Setting a maximum number of years for pay back between ¡·10 years to limit necessary security, · Portfolio diversification: Establishing a maximum loan amount, such as 10% of the total · Program pool. · Loan Loss Reserve Fund: Establishing a fund to "buffer" potential defaults, financed by City loan origination fees andfor interest rate premiums, or other sources. · Phased Implementation: Phased implementation to ensure adequate time for loan loss reserves to build (if reserve fund not adequately "seeded" initially). · Loan Approval Process: It is highly recommended by the consultant and experienced loan managers that the City establish a loan approval process that operates outside the influence of local politics, e.g. creating a staff appointed loan review committee comprised of highly qualified lenders and community representatives. 3, Risk Mitigation: HUD Economic Develooment Initiative fEDII Grant · The Economic Development Initiative (ED ) is a HUD grant program designed to mitigate the risk to a municipality of "borrowing" Section 108 funds for economic development purposes. ED! funds are available on a highly competitive basis and can be used to: 1) fund a loan loss reserve fund for a direct loan program, project specific or loan guarantee program; 2) provide a grant to the individual business receiving a 108 loan or loan guarantee to strengthen the project's economic feasibility; or 3) enhance the collateral of a "project specific" direct loan or loan guarantee. Staff is recommending that the City prepare an ED! grant application to be submitted concurrently with the Section 108 application (see E.2, above). F. How does the City apply for Section 108 Authorization and for an ED! Grant? 1. Section 108 loan Aoolication: The Section 108 application is a four step process: 1) preparing the application; 2) holding two " public hearings; 3) submitting application to HUD Area Office; and 4) HUD Central office (Washington, D.C.) review and approval. The City can submit either a Generic or a "Project Specific" application. Approval by HUD of a Generic application reserves the total requested Section 108 allocation for a Revolving loan Program (RlP) which allows the City to make direct loans based uoon Council·aooroved ore·determined credit criteria. (For example, $1 million could be "reserved" for a Chula Vista RlP. The City could make loans which comply with standard, preset criteria, up to the $1 million amount.) ~c2?7-~? , ATTACHMENT B - Page 5 HUD SECTION 108 LOAN PROGRAM A "Project Specific" application must be submitted separately to HUD for a neaotiated loan . typically for a larger real estate development project . that deviates from the RlP's pre·determined loan criteria, and which may expose the City to greater risk. Using the scenario under which the City obtained a $1 million authorization for a Generic RlP, this would leave a $9,35 million balance (the City's maximum authorization of $10.35 million - $1 million) that could be applied for to fund individual, negotiated loans, In terms of Council approval, a negotiated "Project Specific" loan which deviates from the standardized criteria would be submitted to Council for approval prior to submittal to HUD. Individual RlP loans which comply with pre-determined, credit criteria would not require individual Councilor HUD approval. All loans and loan guarantees would require review and approval by the City's loan Review Committee, 2. ED! Grant Aoolication: If the City elects to submit an ED! grant application, it must be submitted concurrently with the Section 108 application. While EDI funds were available in FY 1993/94, 1994/95 and 1995/96, the program was not funded in Fiscal Year 1996/97. However, HUD has requested an ED! allocation of $50 million for Fiscal Year 1997/98. If the ED! appropriation is made, the notice of funding availability and application guidelines are expected to be issued as early as mid-October 1997, with applications due mid to late November (a 4·6 week window). The funds will be awarded on a competitive basis. The maximum award is 15% of the 108 Authorization (e,g, $150,000 for a $1 million authorization). ~ ;W~d-~ --- -._........_-~~-- ATTACHMENT C CHULA VISTA SMALL BUSINESS REVOLVING LOAN FUND COMMITTEE The Chuls Vista Small Business Revolving Loan Fund (RLF) Program is proposed to be capitalized by a $ I million HUD Section 108 loan authorization. The RLF Program is being designed to offer advantageous financing to local small business in order to help these businesses grow and create jobs, A Chula Vista RLF Committee is being established to assist in the development of loan program guidelines and to advise Community Development Department staff regarding the creditworthiness of each individual loan application, The RLF Committee will be composed of local lender and business community representatives, The Committee's membership and operating guidelines as they are currently envisioned are summarized below: RLF Committee Composition The Committee will be comprised of 5 to 7 members: . 3 to 5 Chula Vista lender representatives . 2 community representatives Members with business lending expertise will be critical to ensuring that the RLF Program operates at a moderate to low risk level. Equally important, community representatives will ensure that loans are made not solely on the basis of "standard" underwriting criteria, but also with an emphasis on helping small businesses to succeed and to create new job opportunities for local residents. RLF Committee Member Selection Process Lender representatives will be selected from Chula Vista based banks, local or regional serving community development organizations, the V,S, Small Business Administration, and/or other business lending institutions with an interest in serving the Chula Vista business sector, The Chamber and the EDC will each be invited to nominate two candidates to fill the 2 community representative slots. These non-lender candidates must meet one of the following criteria: I) be a Chula Vista business or property owner active in Chula Vista; 2) be a commercial or industrial real estale agent active in Chula Vista; or 3) be a member of a community based organization promoting local business development, Final selections will be made by the Community Development Director following an evaluation by RLF staff of the candidates' relevant experience and community involvement. Committee members will not have specified term limits, Vacancies will be filled in the same manner described above, RLF Committee Role and Responsibilities Specific loan program guidelines and underwriting criteria are currently being developed by City staff with the assistance of a HUD Section 108 financial consultant. These guidelines will be submitted to the Chula Vista City Council for approval in the form of an RLF Program Manual. It is currently envisioned that the RLF Committee will be staffed by a City contracted Loan Specialist under the supervision of the City's Community Development Department/Economic Development Division, The contracted Loan Specialist will be responsible for conducting a detailed project feasibility and credit analysis and for providing a recommendation and all supporting documentation to the RLF Committee, The Committee, in turn, will meet as needed to review loan applications. Five members must be present to constitute a quorum, with a minimum of 3 of the lender representatives present in order to take a vote on an application, The Committee will be responsible for making recommendations to the Community Development Director who will determine final loan approvals, [H:\HOME\COMMDEV\DYE\RLF.COM (January 28, 1998)] ~ ;2¿)r2f ATTACHMENT D TABLE OF CONTENTS ,- · Form 424 · Application · Schedule A: Description · Schedule B: Underwriting Criteria · Schedule C: National Objective ,. Schedule D: Community Objectives · Schedule E: Additional Security · Schedule F: Principal Repayment · Schedule G: Certifications ~ Y-(!)~ J CJ Application for Federal Assistance 2. Date Submitted Appl1c:ant !centiher ! 1. I ypc of Submission: 3. D2te ReceIved by State SLale Application Identifier : AppLication: Non-Constructio 4. Date Received by Federal Agency Federal Identifier Freapplication: 5, Applicant Information Legal Name Organizational Unit City of Chula Vista Address Contact ,. Debra Anderson , 276 Fourth Ave. (619) 476-5355 , City Hall Chula vista, CA 91910 t 6. EmpJùY6:( !dsntifiCéltian Numbs:r (EIN): 7, Type of Applicant: i 95-6000690 - , S. Type of App!ication: MUnicipal Type: New : 9, Name of Fede",1 Agency: I DHUD-CPD : 10. C;¡talog of Federal Domestic Assistance Number: 11, De.CTiptive Title of Applicant's Proiect: , Catalog Number: 14-218 i Assistance Title: CDBG Section 108 Revolving LQan Fund I 12, Are.. Aftected by Project: I City of Chula Vista . 13. Proposed Project; 14. Congressional Distric~ of: .:>utn Start DatA I Start Dato a, Appiicant b. Project i 4/1/98 : 15. ~.stjrnateJj Fur)ding: 16. Is Application Subject to Review by State Executive Order 12372 Process? a. Fe(j¡;fr:J! , $f,ooo,oOO Review Status: I b. Applicant $0 c. Stat. $0 d. Local 17. Is the Applicant Delinquent on Any Federal Debt? , $0 I No e. Other $0 ¡ t. pm~ìrarn Incnmé $0 ~ 19. Tota! ~O, 000,000 , '18. To the best at my knowledge and belief. an datõ1lo thl~ app1ic3tiOn/preapplic.atJon are true and correct, the document has been culy au¡horiz::- by the governing body of the applicant and the applicant will comply with the attached. assurances ¡f the assistance !s awarded. a. TYPéd Name of Authorized Representative b, Title c. Telephone Number Honorable Shirley Horten Mayor (619 ) 691-5044 i d. Signature ot Authoriz~d RepresentativQ e, Date Signed I ~ ;20 --- :.> / ---------.. APPLICANT COMPLETENESS GUIDE SECTION 108 LOAN GUARANTEE PROGRAM " SECTION I' GENERAL INFORMATION Please complete and include the Standard Form 424 with the Section 108 Loan Guarantee Application. Please ensure the subIIÙssion includes: Applicant public entity. City of Chula Vista Designated public agency. If appJicant is a CDBG nonentitlement community, include reference to the provision in the State's Final Statement regarding the use of Section 108 by nonentitlement communities. Amount of Section 108. $1,000,000 . Chief elected official or Chief Executive Officer Name: Honorable Shirley Horton Title: Mayor Organization: City of Chula Vista Address: 276 Fourth Avenue City Hall Chula Vista, CA 91910 Phone: (619) 691-5044 Fax: (619) 476-5379 ~ :2~ --;1 ~ _._"'.-.~.--..- - ._._.._--_.__._-_._-~._--_._._- Staff Contact· Name: Ms. Debra Anderson Title: Senior Economic Development Specialist . Organization: City of Chula Vista Address: 276 Fourth Avenue City Hall Chula Vista, CA 91910 Phone: (619) 476-5355 Fax: (619) 476-5310 If applicant is a nonentitlement community, provide information on State contact Name: Title: Organization: Address: Phone: Fax: ~ .;2CJ-J;J .-.......- Section IT' Budget A brief narrative describing the project. (Schedule A). A budget that clearly indicates all project costs and that identifies the eligible activities the ,- Section 108 will fund, Eligible Activity Section 108 Other Acquisition (570.703(a)) RehabiJitation of Publicly Owned Property (570.703(b)) Payment ofInterest on . Section 108 Loan (570.703(c)) Related ReJocation . (570.703(d)) . Related Clearance, Removal, Demolition (570.703(e)) Related Site Preparation (570.703(t)) Section I 08 Issuance Cost (570.703(g)) Housing Rehabilitation (570,703(h)) Economic DeveJopment $1,000,000 (570, 703(i)(I)) (570.703(i)(2)) Debt Service Reserve (570.703(k)) ~ ;¿P-J! - .---- -"---_._-_..._..-_.-.-_..--_.~-- Public Facilities (570.703(1)) Public Works, Colonias (570.703(m)) ,- Total: $1,000,000 If any of the following items are applicable, prepare and attach a narrative: (Schedule B) . If the application is generic in nature, provide a summary of the process established to complete basic financiaJ underwriting of the projects and a public benefit evaluation in accordance with 570.209. . If the application is for a single economic development activity, summarize the underwriting used to evaluate the risk of the transaction and for determining compliance with the public benefit standards enumerated in 570.209. Provide a description of how the project will satisfY a CDBG national objective and indicate which national objective the project will meet: (Schedule q Low Mod Area Benefit (570.208(a)(1 )) Low Mod Limited Clientele «570208(a)(2» Low Mod Housing (570.208(a)(3» Low Mod Job Creation, Retention Every Transaction (570.208(a)(4)) Slum! Blight Area Basis (570.208(b)(I)) Slum! Blight Spot Basis (570.208(b)(2» Slum! Blight Urban Renewal (570.208(b)(3» Urgent Need! Imminent Threat (570.208(c» ~ .2O~:Jf - ___."'_,____.~._.,_____" .__.n If the application proposes multiple activities utiJizing more than one national objective, link each eligible activity to a specific national objective. Statement of community development objectives the Section I08 loan achieves, (Schedule D) < Section III' Supporting Information . IdentifY Sources of Repayment and Specify Additional Security (Schedule E) . List Annual Payment Schedule For Principal (Schedule F) Section IV' Certifications' (Schedule G) ~ ;2()- J¿" ". . __..". ___...._._m-... SCHEDULE A: BRIEF NARRATIVE The City of Chula Vista is establishing a Revolving Loan Fund, capitalized with Section " 108 funds, in order to provide incentive financing for expanding businesses and new companies within its corporate limits, This is a generic appJication; accordingly, individual transactions will be identified in the future and will conform to underwriting criteria oflow to moderate risk (ScheduJe B), With the RLF, the City will pursue activities which are eligible under 570, 703(i)( I). This citation refers to 570.203 (special economic development activities) and allows for a wide range of financial and technical assistance to for profit businesses. The provision allows public entities to make loans to new and existing companies for real estate, personal property, working capital, tenant improvements and furniture, fixtures and equipment. A survey of capital needs within Chula Vista specified a lack of incentive financing for real property, personal property and working capital. The RLF will be funded at the leveJ of $1,000,000 with $700,000 allocated to real property, $150,000 to personal property and the remaining $150,000 to working capital needs, All projects must create or retain a minimum of one job per $35,000 of Section 108 participation. , In addition to provide the availability of financing to Chula Vista businesses, the RLF will provide fixed rate, reasonably priced and extended maturities- incentives which control the . risk of estabJishing new ventures or expanding existing operations. ~ ;20~ J ? ..u _.,._____ SCHEDULE B: UNDERWRITING GUIDELINES ,- In general, all loans will possess a risk profile wmch is moderate to low risk. Independent, tmrd parties must originate or substantiate all project costs. All loan decisions will be made by a local loan committee comprised predominately of area bankers although there will be other community representation. Business Loans Business loans are defined as transactions involving operating companies, Debt service is paid ITom cash flow generated ITom the sale of goods or the provision of services, Ability to Rep1\Y Each transaction must indicate a mgh probability of repayment ITom either existing cash flow, projected cash flow or a combination of each, The stabilized debt coverage should be equal to or greater than 1.15. In addition to paying the burden of debt service, the company must also evidence the capability of generating sufficient cash flow to fund capital expenditures and investments . in working capital. Collateral Each loan will be secured by a specific lien on real and personal property where possible (mortgages, UCC's, security agreements, etc.) and along the following lines: · Real Property: Up to 80% Loan to Value · Personal Property: Up to 75% Loan to Value · Receivables: Up to 75% of Receivables Which Involve Creditworthy Customers and Aged Less Than 90 Days · Inventory Up to 60% Loan to Valutj Loan maturities will reflect the economic life of the asset financed. . ~ ;ø~-Jr CI' -- .......--..---...- G11Hnmtee!'\ Borrowers must inject sufficient equity to protect the interests of the City of Chula Vista and corporately and personally guarantee each transaction, The terms surrounding each guarantee will be determined at the discretion of the loan committee. " Balance Sheet Analysis The balance sheet of each borrower must be sound concerning the collection of receivables; the management of inventory, payables, accruals, etc; the amount to net worth and the quality of debt. Experience of Management The management team of each borrower must have direct or transferable experience which is sufficient to operate the venture successfully, including but not limited to marketing, operations, personnel, finance, pricing, sales, collections, etc. f:haracter The borrower must be reputable and have a good credit history. . Investor Deals . Investor transactions involve income producing real estate and are also referred to as real estate lending or developer deals, Debt service is paid ITom cash flow generated by leases to third parties. An investor deal has five credit criteria: · Ability to Repay · Collateral · Development Team Capacity/ Experience · Developer Commitment · Character Ahility to Repa,y A low to moderate risk investor deal has a strong market for its space to be leased; alternatively, it has a high percentage of pre-leasing (at least 50%) with good tenants, The projected debt coverage is in excess of 1.15. Moreover, investors receive a market return and the developer receives reasonable compensation for his/her efforts. ~ ;2£}--- ~ / ,_ ______.,._u..-.__·.. A low to moderate risk real estate transaction provides a reasonable time for the property to achieve occupancy stabilization and funds an adequate leasing reserve in the budget, In addition, the developer annually funds a replacement reserve for components of the property which wear out periodically (roof, HV AC, appliances, etc), Collateral " The maximum Joan to value is 80% of the lower of 1) cost or 2) value. The appraisal should be completed by an SRA or MAl with experience in this type of property and for fee simple purposes. Staff must critically evaluate the appraisal to ensure its methods of valuation and fundamental analysis of determining Net Operating Income are sound. C~acjty/ Experience The development team in the transaction should have experience with other projects which are similar in size and scope to the subject. The development team includes the developer, architect, the contractor, the leasing agent, the management company and for larger projects, a syndicator. All members of the development team should be successful and have adequate resources to complete their respective tasks. Developer Commitment For complicated tax reasons, it is difficult for developers to personally or corporately guarantee pennanent mortgages involving limited partners, especially if there are significant tax benefits involved in the transaction. Nevertheless, developers can evidence . commitment in the following ways: · Sign a recourse note during construction · Guarantee completion of construction and absorb cost overruns. · Guarantee cash flow shortfalls due to leasing or operations, · Defer payment of the development fee until the project is built and! or the project achieves the desired debt coverage for a specified period of time, If the project does not involve investors other than the developer, the developer can sign a recourse note on the pennanent loan. Character The borrower must be reputable and have a good credit history. ~ ;2ß?~Y¿J j .~.._-_._.._._--_."_._.-._----_._-- Appropriateness Since the eligible activity is special economic development, the approporiateness guidelines apply (570,209), Concerning the mandatory thresholds for public benefit, the City will ensure that the portfolio confonns to the standards for individual projects and in the aggregate, on an annual basis for all funds relative to economic development activities. ,- Concerning the voJuntary financial aspects related to appropriateness, the City will follow the best practices suggested in the regulations, Accordingly, City staff will analyze project costs for completeness and reasonableness, including verification ITom independent parties, Large transactions will require cost certification. In addition, all sources of financing must be firmly committed before any Section 108 funds will be disbursed. In general, Section 108 disbursements will reflect the percentage of the project that Section 108 finances. Furthennore, the underwriting staff will document that Section 108 funds are not replacing conventional sources, that the Section 108 participation does not over subsidize the deal and that the transaction is feasible with Section 108 participation. ~ ;2órY-/ -- _.~-,~. .-.-...---.,.....- SCHEDULE C: NATIONAL OBJECTIVE " Each project is expected 10 qualifY as a national objective through the creation and retention of new job opportunities, the majority of which will be held by, or alternatively available to, low to moderate income residents [570.208( a)( 4)]. If applicable, staff will utilize the presumptions enumerated in the Streamlined RuJe (March 1996), As each potential transaction is identified, City staff will qualifY each project for adherence to eligible activity, national objective and conformance to the public benefit criteria. Moreover, staff will evaluate each project for compliance with Davis-Bacon, the Uniform Act, environmental concerns and certifications. ~ ;20 ~ 7'"Å SCEDULE D: COMMUNITY DEVELOPMENT OBJECTIVES ,. The City will utilize a Revolving Loan Fund to assist existing businesses in Chula Vista to expand or to establish new business ventures within its corporate boundaries. Accordingly, the City will enhance current efforts to expand entrepreneurship, eliminate slums and blight and create new employment' opportunities, 51 % of which will be available to or alternatively held by, low and moderate income citizens. ~ ~O-~ - ....-.- .--.- SCHEDULE E: ADDITIONAL SECURITY In addition to the pledge of future CDBG entitlement, the City will pledge as security the " specific liens and general liens which are held on behalf of the Secretary ofHUD by the custodial lender. Moreover, the City will budget 10% of the loan balance as a loss reserve (initially $100,000), Furthermore, the City will charge a spread (1%) on its cost offunds to further mitigate potential losses. With the relatively conservative risk profile of the underwriting guidelines, the anticipated losses should not exceed 10%. The City will not incur a loss to its future CDBG entitlement unless the Joan defaults, the value of the asset collateralizing the loan is less than the loan balance (including superior loans), a deficiency judgment does not satisfy the obligation and the reserves are exhausted, Since the reserves exceed the anticipated losses, the RLF should not jeopardize the future of the CDBG program in Chula Vista. ~2tP-;/?/ - _._.._,_..~--~.,--~ ..~. . __ ___~____._~..__~m Ö ~~z~m ~ ~~~~ ~ ~~~~~ ~ ~~~~ ~ ~~z~~ ~ ~~~~ ~ ~ ~ ~ Oz~~Q ~ ~~~o ~ 0zm~Q $ ~~~o ~ cz~~i ~ ~~~o ~ ~ ~ ~ ~~~ ~ ø § ~ ~~~ ~ 00 ~ ~ ~~~~0 ID ~ Ž ~ ~ ~ ~ ~~ õ Q ~~ ~ ~ '>~~m ~ ~ ~ _ ~ r- ,..,r Om 5 ()~ "D ~ ~ 't .... .... ::Q ... :::0 ~ ~ ~g ~ ~g Q ~ "'8 ~ Q - "'- j!!: - -.. - ~ - 8" ... c ~w~§ ~...~§ ~ ~~*§ ~ ........ ........ m'" ~ œ S~~~g ~~ô~g N~~m8 ~ ~ ~~~~-§ ~~~~-§ ~o-§o'§ . ~ .~g~ .... .m~"" .... ~~ ~ .... ~ ~ .... ........ œ ~ g ~ ~~~gS ~~~~~ ~~~~~ ~ ~~~~~ ~~~g~ ~~~g~ g ~ ~.N~. N 001=..... 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SECTION 108 LOAN GUARANTEES ENTITLEMENT PUBLIC ENTITY CERTIFICATIONS In accordance with Section 108 of the Eousing and Comœ~nity Development Act of 1974, as amended, (the "Act" ) and with 24 CrR ' § 570.704(b) the public entity certifies that: (i) It possesses the legal authority to submit the " application for assistance under 24 CFR Part 570, Subpart M ( "Subpart M") and to use the guaranteeè loan funds in accorèance with the requirements of Subpart M. (ii) Its governing' body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the public entity to submit the application and amendments thereto and all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the public entity to act in connection with the application to provide such additional information as may be required. (iii) Before submission of its application to HUD, the public entity has: (A) Furnished citizens with information required by § 570.704 (a) (2) (i) ; (B) Held at least one public hearing to obtain the views of citizens on community development and housing needs; and (C) Prepared its application in accordance with § 570.704(a) (1) (iv) and made the application available to the public. (iv) It is following a detailed citizen participation plan which meets the requirements described in § 570.704(a) (2). (v) The public entity will affirmatively further fair housing, and the guaranteed loan funds will be administered in compliance with: (A) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352, 42 U.S.C.2000d et seq.); and (B) The Fair Housing Act (42 U.S.C. 3601-20) . (vi) In the aggregate, at least'70 percent of all CDBG funds, as defined at § 570.3(e), to be expended during the one, two, or three consecutive years specified by the public entity for its CDBG program will be for activities which benefit low and moderate income persons, as described in criteria at § 570.208 (a). ~ ;JLP~¿j; - ~-...-----...--'-~. {vii} It will comply with the requirements governing displacement, relocation, real property acquisition, and the replacement of low and moderate income housing described in § 570.606. (viii) It will comply with the requirements of § 570.200(c) (2) with regard to the use of special assessments to recover the capital costs of activities assisted with guaranteed loan funds. < (ix) It will comply with the other provisions of the Act and with other applicable laws. (x) (Where applicable, the public entity may also include the following additional certification.) It lacks sufficient resources from funds provided under Subpart M or program income to allow it to comply with the provisions of § 570.200(c} (2), and it must therefore assess properties owned and occupied by moderate income persons, to recover the guaranteed loan funded portion of the capital cost without paying such assessments in their behalf from guaranteed loan funds. 2 ~ .:2L/ - ~7 SECTION 108 LOAN GUARANTEES Certification of Legal Authority to Pledge Grants The public entity hereby certifies and assures with reSDect to its application for a loan guarantee pursuant to Section ios of the Housing and Community Development Act of 1974, as amended, that it possesses the legal authority to make the pleàge of "grants requireà under 24 CFR § 570.705(b) (2). 3 p41f ;2¿?'-- j/ g/ SECTION ~08 LOAN GUARANTEES Certification Of Efforts To Obtain Other Financing The City of Chula Vista hereby assures and certifies with respect to its application for a loan guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended, that it has made efforts to obtain financing for the activities described herein without the use of such guarantee,-it will maintain documentation of such efforts for the term of the loan guarantee, and it can not complete such financing consistent with the timely execution of the project without such guarantee. 4 ~ .2éJ~ 1; ...... ....._--_._.._-------~- Certification Regarding Debarment, Suspension, and Other Responsibi~it:y Matters-- Primary Covered Transactions (1) The prospective primary participant certifies to the bes~ of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for "debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted "of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. S µr c2!/~~¿) -'--~.__.._-'.'--'-"--"'-' .-... -- -. -- -- -. - ~ --- ---'- THE UNDERSIGNED STATES, TO THE BEST OF HIS OR HER KNOWLEDGE AND BELIEF, THAT: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of ,- any Member of Congress, officer or employee of agency, a an Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction iffiposed by Section 1352, Title 31, U.S. Coåe. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 anå not more that $100,000 for each such failure. ~ ~--ß/ __ _ _ n n_ __ _ _ _ n_ ~ n ,,__"___.._..,.____.__._.,··,.''·'u_ (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees muse provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receiDt " of such notices. Notice shall include the - identification number(s) of each affected grant; (f) Taking one of. the following actions, within 30 calendar days of receiving notice under paragraph (d) (2), with respect to any employee who is so convicted -. (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the reauirements of the Rehabilitation Act of ï973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraph of paragraphs (a) , (b) , (c) , (d) , (e) and (f) . 8 ~ .20 -- 3~ - - -------~~. -. --.." · . B. The public entity shall insert in the space provided below the site(s) expected to be used for the performance of work under the assistance covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site) : City of Chula Vista Community Development Department 276 Fourth Avenue Chula Vista, San Diego County, California 91910 Check ~ if there are workplaces on file that are not identified here. 9 ~ ;2é)~f;S --.---......-.. __ ."_.'''__.______._.._.._..._m COUNCIL AGENDA STATEMENT Item .;<æ / Meeting Date 2/10/98 ITEM TITLE: ß Resolution J ¡:j ff 96. Amending the FY 1997-98 Budget to Create the Position of Assistant Chief of Police, Amending Resolution 18829 to place this position in Salary Band E-2, and Amending ResoLution 17468 to add this position to the Executive Management List of cLassifications. /), Ordinance ;2 ,}.2.) . Amending Section 2.05.010 of the Municipal Code to Establish the position of Assistant Chief of Police in the Unclassified Service. ) SUBMITTED BY: Chief of Police 1J.u...- REVIEWED BY: City Managerf} (4/5ths Vote: Yes.1L No_) BACKGROUND: The Police Chief has recently promoted two Lieutenants to the rank of PoLice Captain, filling vacancies created by one recent retirement and the "unfreezing" of a six month vacant position. The restructuring of the Executive Management of the department (as a resuLt of the long-term vacancy) has proven beneficial and at the same time, highlighted the need for a "Number Two" person, RECOMMENDATION: 1) Adopt resolution amending FY 1997-98 Budget, creating the position of Assistant Chief of Police and eliminating one Police Captain, placing the Assistant Chief of Police in Salary Band E·2, and adding this position to the Executive Management list of classifications. 2) Introduce ordinance for first reading. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: As a result of the appointment of two new Police Captains, the third Captain position has been impacted by a number of factors: · The mentoring and training necessary to the deveLopment of an effective management team. · The increased workLoad associated with combining the PatroL and Lnvestigative Divisions into an Operations Division. · The designation of a "Number Two" person in the department. dt ¿'J, ) -- / ."'....._..m'_m'___'.__.___'_ Page 2, Item _ Meeting Date 2/10/98 Creation of the Assistant Chief of Police position will recognize the additional higher level duties and responsibilities currentLy assigned to the incumbent. In addition to the aforementioned areas of responsibility, a designated "second in command" will "act" for the Chief in his absence thereby allowing the Chief to devote additional time and effort to essential community and regional policing efforts. Though these external needs have been met in the past, the recent citizen survey pointed out the need to enhance poLice/community outreach efforts beyond current levels. FISCAL IMPACT: The salary established for the Assistant Chief of Police is $86,706 annually. For FiscaL Year 1997- 98, the cost will be $2,100. Sufficient funds are available in account 100·1040·5101. There will be no change in the department's FTE level. Ire} F:USR\ADMIN\SCS\A113S\astc:hf.113 [February 6, 1998 n' :42am)1 d¿J~)----~ ORDINANCE NO. 02 ?02¡ AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.05.010 OF THE MUNICIPAL CODE TO ESTABLISH THE POSITION OF ASSISTANT CHIEF OF POLICE IN THE UNCLASSIFIED SERVICE SECTION I: That section 2.05.010 of the Chula vista Municipal Code is hereby amended to read as follows: 2.05.010 Unclassified positions established. In addition to those unclassified positions specifically delineated in section 500 of the Charter of the City, there are established the unclassified positions entitled deputy city manager, assistant to the city manager, deputy city clerk, assistant fire chief, assistant chief of police. assistant director of planning, assistant director of finance, assistant director of personnel, assistant director of building and housing, city engineer, director of management services and information services, redevelopment coordinator, housing coordinator, transit coordinator, assistant director of community development, deputy director of public works/city engineer, public information coordinator, traffic engineer, deputy director of public works/operations, budget manager, revenue manager, assistant director of management services and information services, assistant library director, police captain, special planning projects manager, assistant to the Mayor and Council, border environmental business cluster manager and administrative assistant/office manager, California Border Alliance Group executive director, California Border Alliance Group analyst, California Border Alliance Group secretary, California Border Alliance Group deputy executive director and California Border Alliance Group coordinator for operations/ intelligence policy, plans and program. SECTION II: This ordinance shall take effect and be in full force and effect upon its second reading and adoption. Presented by Approved as to form by Richard P. Chief Ov-.- ~'t19^-SL- ~ Emerson, John M. Kaheny, City of Police Attorney c: \or\205010 0'<0 A ) /9- / _._·_.··u___,,__ RESOLUTION NO. /~8'" f,.Ç RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 1997-98 BUDGET TO CREATE THE POSITION OF ASSISTANT POLICE CHIEF, AMENDING RESOLUTION 18829 TO PLACE THIS POSITION IN SALARY BAND E2, AND AMENDING RESOLUTION 17468 TO ADD THIS POSITION TO THE EXECUTIVE MANAGEMENT LIST OF CLASSIFICATIONS WHEREAS, the Police Chief has recently promoted two lieutenants to the rank of Police Captain, filling vacancies created by one recent retirement and the "unfreezing" of a six month vacant position; and WHEREAS, the restructuring of the Executive Management of the department (as a result of the long-term vacancy) has proven beneficial and at the same time, highlighted the need for a "Number Two" person; and WHEREAS, creation of the Assistant Chief of Police will recognize the additional higher level duties and responsibilities currently assigned to the incumbent; and WHEREAS, in addition to the aforementioned areas of responsibility, a designated "second in command" will "act" for the Chief in his absence thereby allowing the Chief to devote additional time and effort to essential community and regional policing efforts; and WHEREAS, though these external needs have been met in the past, the recent citizen survey pointed out the need to enhance police/community outreach efforts beyond current levels. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 1997-98 budget to create the position of Assistant Chief of Police. BE IT FURTHER RESOLVED that Resolution No. 18829 is hereby amended to place the position of Assistant Chief of Police in Salary Band E-2 as shown on Attachment 1. BE IT FURTHER RESOLVED that Resolution 17468 is hereby amended to add the position of Assistant Chief of Police to the Executive Management list of classifications as shown on Attachment 2. Presented by Approved as to form by Richard P. Chief of Qr--~~ Emerson, John M. Kaheny, City Attorney Police C:\rs\astchief.pd ;2tfJ. / ß .- / \- ) w.., __"_~___._____~____. ATTACHMENT 1 EXECUTIVE SALARY SCHEDULE Rev. 2/10/98 Executive Salary Band Minimum Limit Maximum Limit E-5 $6,955/month $lO,OlD/month $83,46D/year $12D,125/year Assigned Positions: Assistant City Manager Chief of Police Deputy city Manager E-4 $6,lD9/month $8,725/month $73,3D8/year $104,700/year Assigned Positions: Assistant City Attorney Director of Public Works E-3 $5,586/month $8,035/month $67,035/year $96,420/year Assigned Positions: Director of Community Development Director of Finance Director of Parks & Recreation Director of Planning Fire Chief Library Director E-2 $5,064/month $7,340/month $60,762/year $88,D80/year Assigned Positions: Assistant Chief of police Assistant to the city Manager Director of Building & Housing Director of Management & Information Services Director of Personnel Deputy Director of Public Works City Engineer Executive Director, Nature Center E-l $4,54l/month $6,850/month $54,489/year $82 , 200/year Assigned Positions: Budget Manager Revenue Manager Assistant Director of Finance Assistant Director of Building & Housing Assistant Director of Planning Assistant Library Director Assistant Director of Community Development Assistant Director of Management & Information Services Assistant Director of Personnel Police Captain Special Projects Manager ~--2(fJ, ) ß ~ ;2 ATTACHMENT 2 EXECUTIVE, MIDDLE MANAGEMENT AND UNREPRESENTED FRINGE BENEFIT COMPENSATION FISCAL YEAR 1997-98 I. EXECUTIVE GROUP A. Membership City Manager City Attorney City Clerk Assistant Chief of Police Assistant City Attorney Assistant City Attorney/Chief Litigator Assistant City Manager Assistant to the City Manager Assistant Director of Building & Housing Assistant Director of Community Development Assistant Director of Finance Assistant Director of Management and Information Services Assistant Director of Personnel Assistant Director of Planning Assistant Library Director Budget Manager California Border Alliance Group (CBAG) Executive Director CBAG Deputy Executive Director (UC) Chief of Police Deputy City Manager Deputy Director of Public Works/City Engineer Deputy Director of Public Works/Operations Director of Building and Housing Director of Community Development Director of Finance Director of Management and Information Services Director of Parks and Recreation Director of Personnel Director of Planning Director of Public Works Executive Director, Nature Center Fire Chief Library Director Police Captain Revenue Manager Special Projects Manager 02..0, / .8~3 _ ~_m__..____~._____ B, Fringe Benefits 1. Deferred Compensation Plan (A) Employees in the Executive Group may participate in the City's approved deferred compensation plans, (B) There will be a cap of 30% of the adjusted flex plan balance which may be used for deferred compensation, provided the employee has contributed a like amount during the same fiscal year, 2, Flexible Benefit Plan Effective 7/1/93, the Executive Group, with the exception of the City Clerk, City Attorney, Assistant City Manager and the City Manager, will receive $6,025 annually to be used for the purchase of employee benefits as specified in the CVEA Memorandum of Understanding for FY 1993-94, and any additional uses approved by City Council. Effective 7/1/93, the Flexible Benefit Plan for the Assistant City Manager will be $6,475, 3, Health and Dental Payroll Deductions Treated as Pre-Tax Under Sections 125, 105, and 213 of the Internal Revenue Code, the City will treat all payroll deductions for health and dental care on a pre-tax basis, unless an affected employee requests that such deductions be taxed, If the City does not meet IRS regulations or if the IRS regulations change for any reason, this benefit may be discontinued, 4, Medical Premium Retirement Benefit Plan The City will offer a medical premium retirement benefit plan, under Section 457 (f) of the Internal Revenue Code, through the JPEBA, Joint Powers Employees Benefit Authority (or an equivalent plan). This program will provide employees the option of making unlimited pre-tax contributions from their wages to pre-fund post-retirement health insurance premium costs for themselves and their dependents, Since IRS Section 457(f) requires restrictions on the program that can result in forfeiture of the contributions to the City for specified reasons, employees are advised to carefully review the information that will be provided on the program prior to deciding whether or when to participate, Participating employees will pay the participant costs (currently $24 per year), If the City does not meet IRS regulations or if the IRS regulations change for any reason, this benefit maybe discontinued, 5. Flexible Spending Accounts (FSA's) Employees may elect to budget by salary reduction, for certain health and 02ð;o / ß~i --_.._-_.__--..~-~---,-_._,- dependent care reimbursements on a pre-tax basis, The rules governing FSA's are contained in the Internal Revenue Code, If IRS regulations change or the City does not meet IRS regulations, this benefit may be discontinued. (A) Health Care FSA - Employees may reduce their salary up to $2,500 to pay for eligible health related expenses, Salary reductions not spent by the end of the plan year, by law, are forfeited to the City, (B) Dependent Care FSA - Employees may reduce their salary up to $5,000 to pay for eligible dependent care, Salary reductions not spent by the end of the plan year, by law, are forfeited to the City. (C) FSA Administration - Participating employees will pay the monthly, per employee or per transaction administration fees, if any, 6, Long Term Disability Insurance The City will pay the full cost of the long-term disability insurance premium for executive positions. 7, Life Insurance City pays for life insurance policy in the amount of $47,000 each. An additional $3,000 group term life insurance policy is included in the flexible benefits plan, 8, PERS The City pays the 7% employee contribution to the Public Employee's Retirement System for all executive positions except the Chief of Police and Fire Chief for whom the City pays the 9% employee contribution to PERS. The PERS 1959 Survivors Benefit Third Level employee premium cost per month will be paid by the City, 9. Sick Leave Reimbursement Sick leave shall accrue and be reimbursed as designated in the Civil Service Rules, Chapter 2,00, Section 2,02, 10, Vacation Executive managers shall earn a minimum of three weeks (15 days) vacation per year during the first through fifteenth year of continuous service and after completion of fifteen years of continuous service, 20 days per year. An employee may not accumulate more than three times the number of vacation days accrued annually, Executive managers who have in excess of the three year limit will have until June 9, 1994, to reduce their vacation balance to the three year maximum, Any vacation time in excess of the three year maximum on June 10, 1994, will be transferred to an excess vacation account where it will remain available for use or cash out ~ð·/8-_š . ""----.- upon separation from City service, at the employee's option, From that time forward, no vacation credits in excess of the three year maximum will be accrued. Accumulated unused vacation credits remaining upon separation from City service shall be paid off in cash. 11. Holidays The executive group will be credited 4 normal work days each fiscal year for floating holidays (Lincoln's and Washington's Birthdays, Admission Day and Veterans Day), Floating holiday time will be pro-rated at time of hire based on which of the four holidays have not yet passed, Floating holiday time must be used within the fiscal year for which it is credited and will not be accumulated from year to year, Floating holiday time in an employee's last fiscal year of City employment will be pro-rated based on which of the four holidays have passed at the time of separation from City service. Employees who have not used this pro-rated amount of floating holiday time for their last fiscal year shall be paid off in cash for the unused amount upon separation, Employees who use floating holiday time and leave City service before the holiday passes will be charged for such time, The City will be closed on the following hard holidays: Independence Day, Labor Day, Thanksgiving, Day after Thanksgiving, Christmas, New Year's Day, Memorial Day, 12, Mileage Reimbursement Executive managers may be eligible for the City's Mileage Reimbursement Program when required to use their private automobile for authorized City business, 26¢ per mile - first 200 miles 24¢ per mile - next 300 miles 22¢ per mile - over 500 miles 13, Administrative Leave Executive managers, including the City Manager, City Attorney and City Clerk, will receive 7 normal work days of administrative leave each fiscal year. Administrative leave will be pro-rated at the time of hire, Administrative leave will be utilized on a "use it or lose it" basis, with any unused administrative leave balances at the end of a fiscal year or upon separation from City service lost and not accumulated nor paid off in cash. 14. Auto Allowance The City Manager has authorization to provide, at his/her discretion, an auto allowance of up to $285/month for certain executive managers with the allowance contingent on evidence of adequate auto insurance. C. All officers ("employees") provided for herein are FLSA-exempt. <-.) {}" / B--¿' . -.. ,~._--~".._",.._-_._--_. Effective April 15, 1986, an FLSA-exempt employee shall not be placed in leave without pay status for any absence, due to personal reasons not covered by some form of leave with pay, of less than the employee's regular work day, but rather shall be charged annual leave time, if available, for the absence and shall be paid for the portion of the absence not covered by such leave time, so long as the employee has, in fact, worked for a portion of the work day, If the exempt employee is absent from an entire work day, he/she shall be charged annual leave time for the absence, if available, and shall be placed in leave without pay status for the portion of the absence not covered by such leave, Thus, for example, if an exempt employee works three hours of a work day, is authorized to take five hours of the day off for personal reasons, and has at the time three hours of annual leave time available, the employee will be charged his/her three hours of leave time and will be paid, for the remaining two hours of the absence, As a further example, if an exempt employee is authorized to take an entire work day off for personal reasons and has, at the time, six hours of annual leave available, the employee will be charged his/her six hours of leave time and will be placed in leave without pay status for the remaining two hours of the absence, If such absences are not authorized by the employee's supervisor, the employee shall be placed in absence without leave (AWOL) status, and disciplinary action shall be considered, as appropriate, Every attempt should be made to minimize absences without leave of less than one work day for FLSA-exempt employees, Effective April 15, 1986, an FLSA-exempt employee who is absent due to sickness or disability for less than a work day and whose sick leave and annual leave balances are inadequate to cover the absence shall be paid for the portion of that less-than-a-day absence not covered by such leave time, so long as the employee has, in fact, worked for a portion of the work day. If the employee is absent for an entire work day due to sickness or disability, he/she shall be charged sick leave and/or annual leave time for the absence, if available, and shall be placed in leave without pay status for the portion of the absence not covered by such leave time. Thus, for example, if an exempt employee works two hours of the day and is off for six hours due to sickness and has at the time two hours of sick leave and two hours of annual leave time, the employee will be charged his/her four hours of leave time and will be paid for the remaining two hours of the absence, As a further example, if an exempt employee is absent for an entire work day due to sickness, and has, at the time, two hours of sick leave and four hours of annual leave, the employee will be charged his/her six hours of leave time and will be placed in leave without pay status for the remaining two hours of the absence, If such absences are not authorized by the employee's supervisor, the employee shall be placed in absence without leave (AWOL) status, and disciplinary action shall be considered, as appropriate, Every attempt shall be made to minimize absences without leave of less than one work day for FLSA-exempt employees, 02ó. ;8-? . .". ._.,.,_..____.___M._....~m··__·__