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Agenda Packet 2005/01/25
NOTICE OF CONTINUATION OF PUBLIC HEARING OF THE PLANNING COMMISSION AND CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE PUBLIC HEARING TO CONSIDER THE FOLLOWING ITEM, ORIGINALLY SCHEDULED TO BE HEARD BY THE PLANNING COMMISSION ON DECEMBER 8,2004 AT 6:00 P.M., AND BY THE CITY COUNCIL ON DECEMBER 14, 2004 AT 6:00 P.M. HAS BEEN CONTINUED TO: PLANNING COMMISSION HEARING DATE AND TIME: CITY COUNCIL HEARING DATE AND TIME: PROJECT DESCRIPTION: ENVIRONMENTAL STATUS: APPLICANT: January 12, 2005, 6:00 PM January 18, 2005, 6:00 PM Proposed amendments to Sections 8.24, 8.25 and 19.58 of the Chula Vista Municipal Code regulating the space allocated to adequately handle the temporary storage and loading of recyclable materials and solid waste in development projects and subdivision maps, and clarify the requirements for such projects through the adoption of the draft Recycling and Solid Waste Planning Guide. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. City of Chula Vista Any written comments or petitions to be submitted to the Planning Commission must be received in the office of the Department of Planning and Building no later than noon on the date of the hearing. Please direct any questions or comments to Principal Planner John Schmitz in the Planning Department, Public Services Building, Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista, CA 91910, or by calling (619) 476-5367. If you wish to challenge the City's action on this application in court, you may be limited to raising only those issues you or someone else raised at the public hearings, or in written correspondence delivered to the City Council at or prior to the public hearings described in this notice. A copy of the staff report and accompanying documentation are on file and available for inspection and review at the City Planning Department. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require special accommodation to access, attend and/or participate in a City meeting, activity or service request such accommodation at lease 48 hours in advance, for meetings, and 5 days for scheduled services and activities. Please contact Diana Vargas for specific information at (619) 691-5101. Service for the hearing impaired is available at 585- 5647 (TOO). . - ~dre under penalty of perjury that I am .iipioyed by the City of Chula Vista in the Jiflce of the City Clerk and that I posted this Jocument on the bulletin board according to drown Act requi ementa. .t . /l ; Dated i~ '.1 ~ Signedlitrfplf:. HIl1v0 AGENDA ! declare under penalty of perjury th '" employed by the City of Chula Vista .. Office of the City Clerk and that I pOSCc...'"s document on the bulletin board accoro"'d LO Brown Act re, uie~ents. ~ Dated Ii 'ðJ: si~QII P.M.---u-, January 25, 2005 CALL TO ORDER ROLL CALL: CounciJmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY COUNCILMEMBER RlNDONE OF A 2004 SAN DIEGO EXCELLENCE IN ENERGY AWARD RECOGNIZING THE CITY OF CHULA VISTA FOR GOING ABOVE AND BEYOND TO SUPPORT AND ADOPT EMERGINGTECHNOLOGŒSTHATPROTECTTHEENV~ONMENT CONSENT CALENDAR (Items 1 through 13) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion, If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. 1. APPROVAL OF MINUTES of December 7 and December 14, 2004. Staff recommendation: Council approve the minutes. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING COUNCILMEMBER JOHN MCCANN AS THE CITY OF CHULA VISTA REPRESENTATIVE TO THE OTAY VALLEY REGIONAL PARK POLICY COMMITTEE The Policy Committee sets or recommends policy for the administration of the regional park, including prioritizing property acquisitions, recommending implementation of plans, and prioritizing staff implementation efforts. The planned Otay Valley Regional Park is the result of the joint efforts of the County of San Diego and the Cities of San Diego and Chu1a Vista to develop this ll-mi1e linear regional park. Adoption of the resolution approves the appointment of CounciJmember McCann to represent Chula Vista on the Policy Committee. (Director of Recreation) Staff recommendation: Council adopt the resolution. 3, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $16,855.97 FROM THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES TO THE FIRE DEPARTMENT (4/5THS VOTE REQUIRED) The Fire Department is a participant in Automatic Aid Agreements with all other agencies within San Diego County and an Agreement for Local Government Fire Suppression Assistance to Forest Agencies and the Office of Emergency Services. The department provides staff and equipment resources to these agencies on a reimbursement basis. Adoption of the resolution accepts and appropriates the reimbursement. (Fire Chief) Staff recommendation: Council adopt the resolution. 4, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS TOTALING $2,050 TO THE FIRE DEPARTMENT FROM WAL-MART AND APPROPRIATING SAID FUNDS (4/5THS VOTE REQUIRED) The Fire Prevention Bureau received two donations, one in the amount of $750 and another in the amount of$1,300 ITom the WAL-MART Foundation. The donations were presented to the Fire Prevention Division to support fire investigations. (Fire Chief) Staff recommendation: Council adopt the resolution. 5. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTERS 8.24 AND 8.25 TO CONFORM LANGUAGE RELATING TO SOLID WASTE, LITTER, AND RECYCLING, AND THE IMPLEMENTATION OF A VARIABLE RATE STRUCTURE (F~ST READING) The Council approved the implementation of a variable rate structure/unit pricing for small quantity generators and rate structure modifications for large quantity generators that encouraged waste reduction and provided recycling incentives. The implementation of these programs prompted the need for minor conforming modifications to Municipal Code Chapters 8.24 and 8.25 relating to solid waste, litter and recycling. (Director of Conservation and Environmental Services) Staff recommendation: Council place the ordinance on first reading. 6 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA 2005 BIKEWAY MASTER PLAN B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF AN APPLICATION FOR GRANT FUNDS FROM THE BICYCLE TRANSPORTATION ACCOUNT PROGRAM FOR A FISCAL YEAR 2005/2006 BICYCLE FACILITY, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS Page 2 - Council Agenda January 25, 2005 With a steady growth in bicycle usage and the demand for new bikeways and routes since 1996, the Bikeway Master Plan has been updated in order to locate, develop and encourage the use of the City's bikeway system. The Bikeway Master Plan will be used to pursue statewide funding for new bicycle facilities. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE F~ST AMENDED PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE AGREEMENT BETWEEN OTAY PROJECT, L.P. AND THE CITY OF CHULA VISTA AND AUTHORIZING OTAY PROJECT, L.P. TO CONSTRUCT THE ELIGIBLE PEDESTRIAN BRIDGES BETWEEN OTAY RANCH VILLAGES ONE AND TWO, AND BETWEEN VILLAGES FIVE AND SIX Otay Project, LP, the developer of Villages Six and Two in the Otay Ranch, has requested authorization to construct the West Olympic Parkway pedestrian over-crossing between Village One and the Otay Ranch High School in Village Two, and the east pedestrian over-crossing between Villages Five and Six. In return for building the two bridges, Otay Project will receive cash reimbursement and/or credit in accordance with Ordinance No. 2892, Adoption of the Resolution authorizes the developer to construct both pedestrian bridges and be eligible to receive cash reimbursement and credit against the payment of the Pedestrian Bridge Development Impact Fee. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DRAINAGE MAINTENANCE AND INDEMNIFICATION AGREEMENT (OTAY RANCH VILLAGE 7 MASS GRADING) BETWEEN THE CITY AND OT A Y PROJECT, L.P. Otay Ranch Company is currently processing mass grading plans to remove soil ITom the Otay Ranch Village Four future community park site; construct drainage, temporary desilting facilities, and a permanent detention basin serving Otay Ranch Village Seven. The proposed drainage agreement requires Otay Ranch Company to provide for the appropriate maintenance of these facilities until they are accepted for maintenance by the City or a maintenance district. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 9 A. REPORT ON THE APPLICATION FOR THE FORMATION OF COMMUNITY F ACILITŒS DISTRICT NO. 12-1 (MCMILLIN OTA Y RANCH VILLAGE SEVEN) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF PROPOSED COMMUNITY FACILITŒS DISTRICT NO. 12-1 (MCMILLIN OTAY RANCH, LLC - OTAY RANCH VILLAGE SEVEN) FOR A PORTION OF VILLAGE SEVEN OF THE OTAY RANCH, AND APPROVING THE FORM OF A REIMBURSEMENT AGREEMENT Page 3 - Council Agenda January 25, 2005 In compliance with Council Policy, McMillin Otay Ranch, LLC submitted an application for establishing Community Facilities District No. 12-1 (CFD 12-1) to fund the acquisition or construction of certain public improvements serving Chu1a Vista and development improvements serving McMillin Otay Ranch properties in the amount of approximately $18.5 million. Adoption of the resolution initiates the formal proceedings for the proposed CFD 12-1. (Director of General Services, City Engineer) Staff recommendation: Council accept the report and adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF GENERAL SERVICES OR THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE CHANGE ORDERS FOR THE LOCAL STREETS PAVEMENT REHABILITATION PROGRAM (STL-293) IN AN AMOUNT NOT TO EXCEED $315,000, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCŒS AS NECESSARY TO COMPLETE THE PROJECT On July 20, 2004, the Council awarded a contract in the amount of $2,079,254 to SRM Contracting & Paving for this project. The available contingencies in the amount of $315,000 include the removal and repaving of selected street areas, cold milling, crack sealing, pavement overlay, replacement of traffic signal loop detectors, traffic control, striping and marking, and other miscellaneous items of work. It is the intention of City staff to execute any change orders as necessary on behalf of the City to expend said amount. (Director of General Services) Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING BIDS DUE TO DISPARITIES IN THE BID PROPOSAL, AND AWARDING CONTRACT FOR SIDEWALK IMPROVEMENTS AT 1101 TWIN OAKS AVENUE, SOUTH SIDE OF NAPLES STREET, IN THE CITY OF CHULA VISTA (pROJECT STL-307) On December 3, 2004 sealed bids were received for this project. The work to be done includes excavation and grading, sidewalks, driveways, asphalt concrete pavement, removal and disposal of existing improvements, traffic control, and miscellaneous work, material, equipment and transportation necessary for the proj ect. (Director of General Services) Staff recommendation: Council adopt the resolution and award the contract to Heffler Company, Inc., of National City, California for $25,000. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SEVENTH AMENDMENT TO AN AGREEMENT BETWEEN SAN DIEGO TRANSIT CORPORATION AND THE CITY OF CHULA VISTA FOR UNIFIED TELEPHONE INFORMATION SYSTEM Page 4 - Council Agenda January 25,2005 Adoption of the resolution maintains Chula Vista Transit's participation in the Unified Telephone Information System at a cost of $56,469.96. This system provides Chu1a Vista Transit riders and persons outside the region with telephone and online schedule information for Chula Vista Transit and all fixed route transit systems operating in the County. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS FOR FISCAL YEAR 2004/2005 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS On May 11, 2004, the Council approved activities to be funded through its Community Development Block Grant (CDBG) Program, pending review by the U.S. Department of Housing and Urban Development (HUD). The City received its agreement with HUD for the CDBG funding and approval of activities in late October 2004. Adoption of the resolution approves the CDBG funding agreements with each of the organizations/activities approved for funding. (Director of Community Development) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 14. CONSIDERATION OF ADOPTION OF AN ORDINANCE TO REGULATE THE SPACE ALLOCATED FOR THE TEMPORARY STORAGE, COLLECTION AND LOADING OF RECYCLABLE MATERIALS AND SOLID WASTE IN DEVELOPMENT PROJECTS, AND ADOPTION OF A RECYCLING AND SOLID WASTE PLANNING MANUAL (Continued from December 14,2004) The proposed ordinance and Recycling and Solid Waste Planning Manual establish a scheme to regulate the location and design of areas dedicated to the temporary storage, collection and loading of recyclable materials and solid waste associated with new construction projects and subdivisions. Adoption of the regulations brings the City into compliance with State law. (Director of Conservation and Environmental Services) Staff recommendation: Council conduct the public hearing, place the following ordinance on first reading, and adopt the following resolution: Page 5 - Council Agenda January 25, 2005 A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 19.58.340 TO REGULATE THE SPACE ALLOCATED FOR THE TEMPORARY STORAGE, COLLECTION, AND LOADING OF RECYCLABLE MATERIALS AND SOLID WASTE IN DEVELOPMENT PROJECTS (F~ST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE RECYCLING AND SOLID WASTE PLANNING MANUAL THAT SPECIFŒS THE SPACE ALLOCATION REQUIREMENTS AND STANDARDS FOR DEVELOPMENT PROJECTS 15. CONSIDERATION OF A) PROPOSED MODIFICATION OF THE TYPES OF PUBLIC FACILITŒS AUTHORIZED TO BE FINANCED, MODIFICATIONS TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR IMPROVEMENT AREA B, BOND AUTHORIZATION FOR IMPROVEMENT AREA B, AND AMENDED SPECIAL TAX REPORT; AND B) ANNEXATION OF CERTAIN TERRITORY INTO COMMUNITY FACILITŒS DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) AND IMPROVEMENT AREA B THERETO, AND CONSIDERATION OF AUTHORIZATION TO LEVY SPECIAL TAXES THEREIN On December 14, 2004, Council adopted the Resolution of Intention declaring its intention to consider modifications to the authorized facilities list, the Rate and Method of Apportionment of special taxes within Improvement Area B of Community Facilities District No. 2001-1 (San Miguel Ranch) ("CFD No. 2001-1 "), and the bond authorization for Improvement Area B. The Council adopted a separate resolution declaring its intention to annex certain territory to CFD No. 2001-1 and Improvement Area B thereto. Adoption of the resolutions makes determinations regarding the proposed modifications and annexation and submits the proposed modifications to the qualified electors of Improvement Area B and the proposed levy of special taxes within the territory proposed to be annexed to CFD No. 2001-1 to the qualified electors of such territory. (Director of General Services, City Engineer) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITŒS DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFŒD ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITŒS DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) AND IMPROVEMENT AREA B THERETO Page 6 - Council Agenda January 25, 2005 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITŒS DISTRICT NO, 2001-1 (SAN MIGUEL RANCH), MAKING CERTAIN DETERMINATIONS, AND AUTHORIZING THE SUBMITTAL OF THE PROPOSED MODIFICATIONS TO THE FACILITŒS AUTHORIZED TO BE FINANCED BY SUCH COMMUNITY FACILITŒS DISTRICT, THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA B THERETO AND THE AUTHORIZED BONDED INDEBTEDNESS FOR IMPROVEMENT AREA B TO THE QUALIFIED ELECTORS THEREOF 16, CONSIDERATION OF ASSESSMENT DISTRICT 2002-1 FOR SIDEWALK IMPROVEMENTS ON QUlNTARD STREET, BETWEEN THIRD AND ORANGE AVENUES The construction of sidewalk improvements on Quintard Street, between Third and Orange Avenues is now complete and improvements have been accepted by the City Manager. On November 2, 2004, the Council accepted the filing of the Engineer's Report on the cost of construction and the public hearing on the assessments was set. Deferral of the payment of assessments was approved, and the rate of interest payable on the unpaid balance of such assessments and financing period was established. (Director of General Services, City Engineer) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE ENGINEER'S REPORT ON THE COST OF CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS IN ASSESSMENT DISTRICT 2002-1 (QUlNTARD STREET) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING THE COSTS OF CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS ON PROPERTŒS WITHIN ASSESSMENT DISTRICT 2002-1 (QUINTARD STREET) AND ORDERING THE RECORDATION OF A NOTICE OF LŒN ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation, If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 17. CONSIDERATION OF A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR DIXON DRIVE (NAPLES STREET TO OXFORD STREET) FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS, AND APPROVAL OF THE INITIATION OF PROCEEDINGS FOR THE FORMATION OF THE ASSESSMENT DISTRICT Page 7 - Council Agenda January 25, 2005 Residential properties along Dixon Drive, between Naples and. Oxford Streets, are . currently without curbs, gutters, or sidewalks. Twenty-eight of the thirty-eight property . owners signed a petition requesting that special assessment district proceedings be commenced for the purpose of financing the construction of these improvements. Staff has completed preliminary design and cost estimates for this project. (Director of General Services) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR DIXON DRIVE (NAPLES STREET TO OXFORD STREET) FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE INTENTION TO FORM ASSESSMENT DISTRICT 2004-1 (DIXON DRIVE), APPROVING THE PRELIMINARY ENGINEER'S REPORT, ORDERING THE INSTALLATION OF CERTAIN IMPROVEMENTS ON DIXON DRIVE (NAPLES STREET TO OXFORD STREET), SETTING THE TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIATION OF BALLOT PROCEDURES C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT NO. 2004-1 (DIXON DRIVE) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 18. CITY MANAGER'S REPORTS 19. MAYOR'S REPORTS 20. COUNCIL COMMENTS . Councilmember McCann: Discussion regarding comprehensive crime fighting strategy ADJOURNMENT to the Regular Meeting of February 1, 2005, at 4:00 p.m. in the Council Chambers. Page 8 - Council Agenda January 25,2005 ---.-- ~._----"",."- ..,._~-----_._,-~- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 7,2004 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4: 17 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chu1a Vista, California. ROLL CALL: PRESENT: CounciJmembers: Davis, McCann, Rindone, Salas, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGlANCE Andrew Castaneda, son ofCouncilmember-Elect Steve Castaneda, led the Pledge of Allegiance. NATIONAL ANTHEM James Pinkney performed the National Anthem. INVOCATION Rev. Dr, Richard Freeman presented the Invocation. SPECIAL ORDERS OF THE DAY Supervisor Cox, on behalf of the County Board of Supervisors, presented Deputy Mayor Salas with a proclamation declaring this day as "Mary Salas Day" in the County of San Diego. Mayor Diane Rose of Imperial Beach presented Deputy Mayor Salas with a proclamation declaring this day as "Mary Salas Day" in the City of Imperial Beach. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO COUNCILMEMBER MARY SALAS, PROCLAIMING DECEMBER 7, 2004 "MARY SALAS DAY" Mayor Padilla read the proclamation proclaiming "Mary Salas Day" in Chula Vista and then presented it to Deputy Mayor Salas. . COMMENTS BY OUT-GOING COUNCILMEMBER MARY SALAS Deputy Mayor Salas said it was her honor and privilege to serve the community for the past eight years. She stated that the City is on the forefront of change and great opportunities, such as the development of the Bayftont, achieving a higher education center, and revitalizing the Urban Core. She expressed the need to provide affordable housing for members of the community. She also expressed pleasure in working with her Council colleagues and City staff She thanked the various citizen groups who have been active community participants, and she thanked the members of her family and mends present at the meeting. llJ SPECIAL ORDERS OF THE DAY (Continued) · RESOLUTION NO. 2004-385, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 2, 2004 AND DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW The Registrar of Voters has transmitted the certified results of the Special Municipal Election held on November 2, 2004. Elections Code Section 15372 requires the City Clerk, as the elections official, to transmit the certified results to the Council. Elections Code Section 15400 requires the Council to declare the results of the election. The proposed resolution contains the official results as reported by the Registrar of Voters. (City Clerk) ACTION: Deputy Mayor Salas offered Resolution No, 2004-385, heading read, text waived. The motion carried 5-0, Deputy Mayor Salas left the dais at 5:08 p.m. · OATH OF OFFICE FOR RE-ELECTED COUNCILMEMBER JERRY RlNDONE, TO BE ADMINISTERED BY DR. RICHARD FREEMAN Rev. Dr. Freeman administered the ceremonial oath of office to Counci1member Rindone, and City Clerk Bigelow presented him with a certificate of election. · OATH OF OFFICE FOR NEWLY ELECTED COUNCILMEMBER STEVE CASTANEDA, TO BE ADMINISTERED BY ROBERT CASTANEDA Robert Castaneda administered the ceremonial oath of office to Councilmember Castaneda, and City Clerk Bigelow presented him with a certificate of election. Counci1member Castaneda took his seat on the dais at 5:13 p.m. · COMMENTS BY COUNCILMEMBER JERRY RlNDONE CounciJmember Rindone thanked his friends, campaign workers, family, and all those who have entrusted him to return to serve on the Council. He pledged to do his best for the good of a community that is in transition and continues to grow. He stated that although growth in the City is inevitable, it is important to ensure that growth is managed to the point that it encourages the kind of community where residents can continue to live, work and play. He pledged to continue a high quality of life for residents, and he spoke about the continued revitalization of infrastructure that is occurring on the west side of the City as a result of a $90 million funding allocation over the past four years, He stated that as a representative on the Metropolitan Transit Development Board, a major consideration has been security at the three trolley stations in Chu1a Vista, and as a result, a 24-hour security system will be installed this month at all three locations to ensure added security for residents who utilize public transport. Page 2 - Council Minutes December 7,2004 SPECIAL ORDERS OF THE DAY (Continued) . COMMENTS BY COUNCILMEMBER STEVE CASTANEDA Counci1member Castaneda stated that he would work hard each day to assure the citizens that he is doing the best he can for the City. He expressed thanks to and introduced his family and friends who supported him throughout the campaign. He said he would seek counsel from Deputy Mayor Salas on matters that impact the community, and that he would work to build the faith and trust of the neighborhoods, as Deputy Mayor Salas has done over the past eight years. He stated that he looks forward to working with the Mayor and Council on issues affecting the City. He spoke about his commitment to identifying and implementing proactive and aggressive strategies to combat crime and violence; a sensible, feasible and widely accepted approach to revitalizing older neighborhoods, while leaving intact the established and cherished community character; developing and implementing proven programs to manage residential growth; and a detailed bayITont plan. He pledged that his heart, mind, and eyes would remain open, and his first priority would be to commit to building the faith of the public while making neighborhoods safe and providing a quality of life that is a source of pride for all residents. ORAL COMMUNICATIONS Norbert Stein stated that he has been a resident of the City since 1958. He then recited a poem expressing thanks for the freedom of our land. Betsy Cory, representing Friends of Rice Canyon, provided an update on the clean up of the canyon. She spoke about plans to plant native plants donated by Recon and stated that any members of the public interested in joining the group, or forming an individual group, may contact Eric Bo1bey ofthe Sierra Club at 619/284-9399. ADJOURNMENT At 5:38 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of December 14, 2004 at 6:00 p.m. in the Council Chambers. ~6-L~~ Susan Bigelow, MMC, City Clerk Page 3 - Council Minutes December 7, 2004 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 14, 2004 6:00 P.M. A Regular Meeting of the City Council of the City of Chu1a Vista was called to order at 6:06 p,m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chu1a Vista, California. ROLL CALL: PRESENT: CounciJmembers: Castaneda, Davis, McCann, Rindone, and Mayor Padilla ABSENT: CounciJmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · INTRODUCTION BY LAURIE MADIGAN, DIRECTOR OF COMMUNITY DEVELOPMENT, OF THE EMPLOYEE OF THE MONTH, LINDA WELCH, SENIOR SECRETARY Community Development Director Madigan introduced the employee of the month, Linda Welch. Mayor Padilla then read the proclamation, and Councilmember Davis presented it to Ms, Welch. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAVID LOPEZ, EQUIPMENT OPERATOR IN THE PUBLIC WORKS OPERATIONS DEPARTMENT, RECOGNIZING HIM FOR HIS HEROIC EFFORTS AT THE SCENE OF A PEDESTRIANNEHICLE ACCIDENT ON NOVEMBER 18, 2004 Mayor Padilla read the proclamation, and Councilmember Davis presented it to David Lopez. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DENNIS BURLASON, SENIOR HV AC TECHNICIAN IN THE GENERAL SERVICES DEPARTMENT, RECOGNIZING HIM FOR HIS EFFORTS IN ACCOMPLISHING SUBSTANTIAL COST SAVINGS FOR THE CITY General Services Director Griffin introduced Dennis Burlason, Mayor Padilla then read the proclamation, and CounciJmember Davis presented it to Mr. Burlason. Page 1 - Council Minutes /-g December 14, 2004 SPECIAL ORDERS OF THE DAY (Continued) · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO UNlTED STATES ARMY STAFF SERGEANT FRANCISCO PINEDO, RECOGNIZING HIM AS A RECIPIENT OF TWO PURPLE HEARTS FOR HIS COMBAT SERVICE IN IRAQ THIS YEAR Mayor Padilla read the proclamation, and Counci1member Davis presented it to Staff Sergeant Francisco Pinedo. Captain Anthony Newtson thanked the Council for recognizing Staff Sergeant Pinedo, who is a Non-Commissioned Officer who always leads his soldiers ftom the ftont. He presented Staff Sergeant Pinedo with his second Purple Heart, on behalf of the Secretary of the Army, as a result of wounds sustained in the Iraq war on September 4, 2004. Captain Newtson then presented Staff Sergeant Pinedo with a picture of the Charlie Company, illustrating the operations conducted by the Company in Iraq, and stated that he will be missed as a member of the Army family. Staff Sergeant Pinedo thanked his wife for arranging the surprise proclamation and expressed his gratitude for being home. Lieutenant Van Tass1e presented Staff Sergeant Pinedo with a Charlie Company hat. He then thanked the Council for recognizing Staff Sergeant Pinedo, stating that he is an outstanding citizen who has taught him a lot about leadership, hard work, and sacrifice. CONSENT CALENDAR (Items 1 through 26) Councilmember Castaneda announced that he would abstain ftom voting on Item 1, since he was not present at the meeting. Mayor Padilla announced that Item 2B would be removed ftom the agenda. With reference to Item 6, Mayor Padilla asked if staff wished to consider auditing other districts to ensure accuracy. City Engineer A1-Agha responded that the error was unique to this particular district, but staff would be double-checking the other districts. With reference to Item 12, Councilmember McCann stated that the allocation of $206,291.50 for the construction of sidewalk improvements on Quintard Street, between Third Avenue and Orange Avenue, highlights the commitment of the City to provide improvements on the west side. With reference to Item 22, Mayor Padilla suggested in the future that relevant City commissions be provided with information regarding residual funds and appropriateness for use, Page 2 - Council Minutes December 14, 2004 CONSENT CALENDAR (Continued) With reference to Item 26, Mayor Padilla announced that the item would be pulled ITom the agenda and continued to a future date. 1. APPROVAL OF MINUTES of October 26, 2004 Staff recommendation: Council approve the minutes. 2, WRITTEN COMMUNICATIONS A. Letter ITom Counci1member Castaneda resigning ITom the Planning Commission and Mobi1ehome Rent Review Commission, Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancies in accordance with Maddy Act requirements. B. Memorandum from CounciJmember McCann requesting an excused absence ITom the Meeting of November 23, 2004. Staff recommendation: Council excuse the absence. C. PETITION SIGNED BY RESIDENTS OF SILVERCREST RESIDENCE AT 636 THIRD AVENUE REQUESTING RESTORATION OF PARKING SPACES This is a petition request ITom the residents of Si1vercrest Residence at 635 Third A venue to reinstate three on-street parking spaces along Third Avenue. Staff recommendation: That the request be denied due to public safety and medical emergency response needs. 3. ORDINANCE NO. 2990, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REPEALING ORDINANCE NO. 2884, RELATING TO THE PUMPED SEWER DEVELOPMENT IMP ACT FEE (SECOND READING) Adoption of the ordinance repeals ordinance no. 2884. Since the Salt Creek Trunk Sewer has been constructed, and there is no longer any need to pump flows out ofthe Salt Creek basin, staff recommends that the Pumped Sewer Development Impact Fee be repealed. This ordinance was introduced on November 23, 2004. (Director of General Services, City Engineer) Staff recommendation: Council adopt the ordinance. 4, ORDINANCE NO. 2991, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.05.010 OF THE CHULA VISTA MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF UNCLASSIFŒD POSITIONS TO ADD THE POSITION OF DIRECTOR OF BUDGET AND ANALYSIS (SECOND READING) Page 3 - Council Minutes December 14, 2004 CONSENT CALENDAR (Continued) Since the Assistant City Manager (Administrative Services) position was combined with the Director of Budget and Analysis position in March 2003, the duties associated with both positions have changed and expanded. Given these increases in responsibilities it is recommended that the positions of Assistant City Manager and Director of Budget and Analysis be separated. This ordinance was introduced on November 23, 2004. (Assistant City Manager Fruchter) Staff recommendation: Council adopt the ordinance. 5. RESOLUTION NO. 2004-386, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2005 The Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document, and that the employer adopt the plan document annually. Adoption of the resolution fulfills this requirement. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2004-387, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING OPEN SPACE DISTRICT 20 FUNDS AND AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE REFUNDS Sixty condominium properties (Eucalyptus Ridge), adjacent to Open Space District 20 (Rancho del Rey), were erroneously charged special assessments between Fiscal Years 2001/2002 and 2003/2004. Adoption of this resolution appropriates $15,322 ftom the available balance of the Open Space District 20 Fund and authorizes staff to refund these assessments to the original payers. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2004-388, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT TO AMEND LEGAL DESCRIPTIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In August 2002, McMillin Otay Ranch, LLC recorded an "A" map for Village Six, along with certain agreements, including McMillin's ownership within Village Seven as a remainder lot. In order for McMillin to deliver the Village Seven high school no. 13 site, which is a portion of the remainder lot, to the Sweetwater Union High School District, the lot must be ftee and clear of all encumbrances imposed by the Village Six "A" Map. Adoption of the resolution approves an agreement to amend the legal descriptions of certain recorded agreements that run with the land owned by McMillin. The proposed agreement makes those existing agreements consistent with the Village Six boundaries, (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes December 14, 2004 CONSENT CALENDAR (Continued) 8 A. RESOLUTION NO. 2004-389, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF CERTAIN TERRITORY TO SUCH COMMUNITY FACILITŒS DISTRICT AND IMPROVEMENT AREA B THERETO B. RESOLUTION NO. 2004-390, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE DESIGNATION OF TERRITORY WITHIN IMPROVEMENT AREA A AND IMPROVEMENT AREA B OF COMMUNITY FACILITŒS DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), AND DECLARING ITS INTENTION TO CONSIDER MODIFICATIONS TO THE FACILITIES AUTHORIZED TO BE FINANCED BY SUCH COMMUNITIES FACILITIES DISTRICTS, THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA B THEREOF, AND THE AUTHORIZED BONDED INDEBTEDNESS FOR SUCH IMPROVEMENT AREA C. RESOLUTION NO. 2004-391, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), ADOPTING AN ANNEXATION MAP SHOWING PROPERTY PROPOSED TO BE ANNEXED TO SUCH COMMUNITY FACILITŒS DISTRICT AND IMPROVEMENT AREA B THERETO Adoption of the resolutions initiates proceedings to change and modify the Rate and Method of Apportionment (RMA) for Improvement B, amend the Special Tax Report, move certain territory ftom Improvement Area A to Improvement Area B, annex certain territory into Improvement Area B for CFD No. 2001-1 and adopt an annexation map. (Director of General Services, City Engineer) Staffrecommendation: Council adopt the resolutions. 9. RESOLUTION NO, 2004-392, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CREATING THE NEW CLASSIFICATION OF SIGNAL SYSTEMS ENGINEER I AND II IN THE CVEA BARGAINING UNIT, ELIMINATING THE EXISTING CLASSIFICATION SIGNAL SYSTEMS ENGINEER FROM THE CVEA BARGAINING UNIT; AND DELETING TWO ENGINEERING TECHNICIAN II POSITIONS AND ONE SURVEY TECHNICIAN II POSITION, ADDING ONE TRAFFIC DEVICES TECHNICIAN, ONE SIGNAL SYSTEMS ENGINEER I, AND ONE ADMINISTRATIVE ANALYST II, AND AMENDING THE FISCAL YEAR 2005 GENERAL SERVICES DEPARTMENT BUDGET THERFOR Page 5 - Council Minutes December 14, 2004 CONSENT CALENDAR (Continued) In January of 2004 the Engineering Department underwent a major reorganization and was absorbed into the General Services Department. Several staffing changes were adopted at that time; however, the majority of the modified positions were managerial or administrative in nature, Staff has since studied the operations of the department, identifying potential areas for improved resource allotment. Adoption of this resolution will realign existing staff to better meet the needs of the department. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2004-393, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE F~ST AMENDMENT TO THE AGREEMENT WITH RUDOLPH AND SLETTEN, INC. TO INCORPORATE ADDITIONAL DESIGN SERVICES AS REQUIRED TO DESIGN AND CONSTRUCT UPGRADES AND REPLACEMENTS TO THE NATURE CENTER INTERIOR EXHIBITS (NATURE CENTER GALLERIA REMODEL) The Council previously approved an agreement with Rudolph and Sletten, Inc. for the provision of services necessary to design and construct upgrades and replacements to the Nature Center Interior Exhibits (Nature Center Galleria Remodel) capital improvement project, GG175. Through the process of the design development phase, it became apparent that there was a need for specialized design services. Adoption of the resolution approves an amendment to the agreement to include the additional design services necessary to complete the project. (Director of General Services) Staff recommendation: Council adopt the resolution. 11, RESOLUTION NO, 2004-394, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $450,000 FROM THE GENERAL FUND, BASED ON THE SETTLEMENT FUNDS TO THE "SOUTH CHULA VISTA LIBRARY IN THE CITY OF CHULA VISTA, CALIFORNIA" CAPITAL IMPROVEMENT PROJECT (LB-125) AS NECESSARY, TO AMEND THE CONSTRUCTION DEFICŒNCIES OF THE SOUTH CHULA VISTA LIBRARY On November 2, 1993 the City Council approved a contract with Douglas E. Barnhart, Inc, for the construction of the South Chu1a Vista Library, The facility was dedicated and opened to the public in 1994. Shortly thereafter, several building/construction issues arose that fell under the obligation of the contractor to correct After a number of investigations and studies to determine the cause of inconsistencies in the building's structure, the City and Douglas E. Barnhart, Inc. reached a settlement to correct the deficiencies, (Director of General Services) Staff recommendation: Council adopt the resolution. Page 6 - Council Minutes December 14,2004 CONSENT CALENDAR (Continued) 12 A. RESOLUTION NO. 2004-395, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FILING OF ENGINEER'S REPORT BY THE CITY ENGINEER ON THE COST OF CONSTRUCTION AND SETTING JANUARY 25,2005 AT 6:00 P.M. AS THE DATE AND TIME OF A PUBLIC HEARING ON ASSESSMENT DISTRICT 2002-1 (QUINTARD STREET) B. RESOLUTION NO. 2004-396, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST AND FINANCING PERIOD APPLŒD TO DEFERRALS FOR ASSESSMENT DISTRICT 2002-1 On July 22, 2003, pursuant to Chapter 27 of the Improvement Act of 1911 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIlD"), Council awarded a contract in the amount of $206,291.50 to Star Paving, Inc. of San Diego for the construction of sidewalk improvements on Quintard Street between Third Avenue and Orange Avenue. Adoption of the resolution accepts filing of the Engineer's Report on the cost of construction and sets the public hearing on the assessments. (Director of General Services) Staff recommendation: Council adopt the resolutions. 13. RESOLUTION NO. 2004-397, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR RESTROOM RENOVATION AT MULTIPLE LOCATIONS IN THE CITY OF CHULA VISTA (pROJECT CIP PR-214) TO PRECISE CONSTRUCTION MANAGEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On November 10, 2004, the Director of General Services received sealed bids for this project. The work consists of the demolition of existing restrooms at Los Niños Park and Rohr Park, and construction of new restrooms including labor, material, equipment and transportation necessary to complete the project. (Director of General Services) Staff recommendation: Council adopt the resolution. 14. RESOLUTION NO. 2004-398, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $223,498 TO D3 EQUIPMENT INC., FOR THE REPLACEMENT OF THREE TRACTOR LOADER BACKHOES THROUGH A COOPERATIVE PURCHASE WITH THE CITY OF SAN DIEGO The City of Chu1a Vista is participating in a current City of San Diego bid ftom D3 Equipment, Inc. for the purchase of three tractor loader backhoes. The City of Chu1a Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. There are no vendors in the City of Chula Vista that normally furnish this type of heavy equipment. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. Page 7 - Council Minutes December 14, 2004 CONSENT CALENDAR (Continued) 15. RESOLUTION NO. 2004-399, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECLASSIFYING A VACANT ASSISTANT ENGINEER POSITION IN THE PUBLIC WORKS OPERATIONS DEPARTMENT/STORM WATER MANAGEMENT SECTION TO AN ENV~ONMENTAL HEALTH SPECIALIST, ESTABLISHING THE NEW CLASSIFICATION OF ENV~ONMENTAL HEALTH SPECIALIST TO BE REPRESENTED BY THE CHULA VISTA EMPLOYEES ASSOCIATION, AND SETTING THE SALARY FOR SAID NEW CLASSIFICATION As a result of a staff transfer and promotion, the Assistant Engineer position in the Storm Water Management Section has been vacant since February 2004. The NPDES permitting process has been increasingly oriented toward an emphasis on the sources and impacts of toxic chemicals, bacteria, and other pollutants in urban runoff and receiving waters and their impacts on aquatic organisms. Analysis of such topics requires knowledge of water science and analytical methods. Staff recommends that the vacant position be reclassified as an Environmental Health Specialist. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution, 16. RESOLUTION NO. 2004-400, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SECOND AMENDMENTS AND ADDITIONAL ONE-YEAR EXTENSIONS OF THE AGREEMENTS BETWEEN (A) THE CITY OF CHULA VISTA AND MACTEC (PREVIOUSLY LAW CRANDALL, A DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC.) AND (B) THE CITY OF CHULA VISTA AND TESTING ENGINEERS-SAN DŒGO, INC. FOR PROVIDING CONSULTING SERVICES FOR MATERIALS TESTING, GEOTECHNICAL, AND STORM WATER MONITORING REQUIRED FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM PROJECTS DURING THEIR DESIGN AND CONSTRUCTION PHASES, AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS AND EXTENSIONS TO SAID AGREEMENTS ON BEHALF OF THE CITY On April 23, 2002 Council approved agreements with Law Crandall and Testing Engineers-San Diego, Inc. for services ftom April 1, 2002 to December 31, 2003, Subsequently, Council approved the first amendment of one-year extension with both companies. Staff would like to exercise the option to extend the agreements for an additional one-year term. (Director of Public Works Operations) Staffrecommendation: Council adopt the resolution. 17. RESOLUTION NO. 2004-401, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT TO VILLA FORD IN THE AMOUNT OF $521,755 FOR THE REPLACEMENT OF FIFTEEN POLICE PURSUIT SEDANS AND THREE FULL SIZE SEDANS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO COOPERATIVE BID A3044-00A; AND WAIVING THE FORMAL BID PROCESS AND ACCEPTING AN OFFER TO EXTEND TERMS AND CONDITIONS OF CITY OF SAN DIEGO BID Q2865/00, FOR SIX INTERMEDIATE SEDANS Page 8 - Council Minutes December 14, 2004 CONSENT CALENDAR (Continued) The Fiscal Year 2004/2005 Central Garage Budget provides for the replacement of twenty-four vehicles in the Police Department. The Chula Vista Municipal Code Section 22.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage, The City has an opportunity to participate in a current City of San Diego bid for favorable terms and pricing, and to accept an offer to extend terms and pricing of a recently expired bid. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution, 18. RESOLUTION NO. 2004-402, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WANING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND AWARDING A PURCHASING AGREEMENT TO GBA MASTER SERIES, INC., IN THE AMOUNT OF $138,675 FOR THE PURCHASE AND INSTALLATION OF A NEW WORK MANAGEMENT SYSTEM FOR THE PUBLIC WORKS OPERATIONS DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Adoption of the resolution awards a purchasing agreement to GBA Master Series, Inc, for the purchase and installation of a new work management system, The vendor who supplied, implemented, and maintained the current Work Management System, Stantec Consulting, Inc. will no longer be providing support services for any of their management software effective January 1, 2005. Staff recommendation: Council adopt the resolution. 19. RESOLUTION NO. 2004-403, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD WASTE TIRE TRACK AND OTHER RECREATIONAL SURFACING PROGRAM, FOR RUBBERIZED FLOORING FOR A NEW FITNESS ACTIVITY AREA AT NORMAN PARK CENTER, AND AMENDING THE FISCAL YEAR 2005 CAPITAL IMPROVEMENT PROGRAM BUDGET BY APPROPRIATING $26,878.09 BASED ON UNANTICIPATED DONATION REVENUE The California Integrated Waste Management Board (CIWMB) offers a Waste Tire Track and Other Recreational Surfacing Grant to promote markets for recycled-content products derived from waste tires generated in California and $800,000 has been allocated for this competitive grant program for Fiscal Year 2004/2005. The Recreation and General Services Departments recommend that the City apply for grant funding ftom this program for $7,535.14 to provide shock-absorbing rubberized floor tiles for a fitness area being proposed at Norman Park Center. (Director of Recreation) Staff recommendation: Council adopt the resolution. Page 9 - Council Minutes December 14, 2004 CONSENT CALENDAR (Continued) 20. RESOLUTION NO. 2004-404, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RESEARCH NETWORK, LTD" FOR THE PREPARATION OF A PARKS AND RECREATION NEEDS ASSESSMENT UPDATE; AMENDING THE FISCAL YEAR 2005 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $102,840 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITŒS DEVELOPMENT IMPACT FEE; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City is in the process of updating its General Plan and creating an Urban Core Specific Plan, The preparation and anticipated adoption of these two policy documents will result in an expanded vision for development within the City. The City's existing Parks and Recreation Master Plan will need to be updated to reflect policy updates and population projections envisioned. In order to update the Parks and Recreation Master Plan, the City must first prepare an updated Parks and Recreation Needs Assessment. (Director of Recreation) Staff recommendation: Council adopt the resolution. 21 A. RESOLUTION NO. 2004-405, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED BEFORE AND AFTER- SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $4,041 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2004-406, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED BEFORE AND AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $10,797 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION NO. 2004-407, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE YMCA OF SAN DŒGO COUNTY FOR THE PROVISION OF BEFORE AND AFTER- SCHOOL PROGRAM HOURS AT CASTLE PARK MIDDLE SCHOOL AND HILLTOP MIDDLE SCHOOL, AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,763 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 10 - Council Minutes December 14, 2004 CONSENT CALENDAR (Continued) D. RESOLUTION NO. 2004-408, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT IN THE AMOUNT OF $1,750 FROM THE POLICE ACTIVITŒS LEAGUE (PAL) FOR THE PROVISION OF YOUTH SPORTS IN THE MIDDLE SCHOOL AFTER-SCHOOL PROGRAM, AND AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $1,750 BASED ON UNANTICIPATED REVENUE E. RESOLUTION NO. 2004-409, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $3,100 BASED ON UNANTICIPATED DONATION REVENUE FROM ELITE RACING FOR THE MIDDLE SCHOOL AFTER-SCHOOL PROGRAM The Recreation Department and the Sweetwater Union High School District (District) jointly fund the Middle School after-school program (Club Teen Connection or Club TC). The program is additionally funded ftom Critical Hours grants and Safe Neighborhood, Safe School grants received by the individual schools. (Director of Recreation) Staff recommendation: Council adopt the resolutions. 22. REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARK ACQUISITION AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2004 RESOLUTION NO. 2004-410, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE UNEXPENDED FUNDS IN THE PARK ACQUISITION AND DEVELOPMENT FEE FUND ARE STILL NEEDED TO PROVIDE FOR CONSTRUCTION OF FACILITIES FOR WHICH THE FEES WERE COLLECTED State law requires local agencies assessing Development Impact Fees (DIF) and sewer capacity charges to make available specified financial data to the public each fiscal year. This report satisfies that requirement and provides the public with information on Parkland Acquisition and Development fees. (Director of Finance) Staff recommendation: Council accept the report and adopt the resolution. 23. RESOLUTION NO. 2004-411, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT BID PROCESS, AND APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, BURKETT & WONG ENGINEERS (CONSULTANT), AND SUDBERRY PROPERTŒS, INC. (APPLICANT), FOR THE PREPARATION OF AN AMENDMENT TO THE EASTLAKE VILLAGE CENTER NORTH SUPPLEMENTAL PUBLIC FACILITIES FINANCING PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page II - Council Minutes December 14, 2004 CONSENT CALENDAR (Continued) Adoption of the resolution approves a three-party agreement between the City of Chu1a Vista, Burkett & Wong Engineers and Sudberry Properties, Inc, for professional consulting services related to the preparation of an amendment to the EastLake Village Center North Supplemental Public Facilities Financing Plan (SPFFP). The SPFFP is being prepared to address the changes in infrastructure requirements and fiscal impact as a result changing the land use designation for a 13-acre parcel at the southeast comer of EastLake Parkway and the future alignment of the SR-125 toll-road. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 24 A. RESOLUTION NO. 2004-412, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A RESTRICTIVE COVENANT AGREEMENT BETWEEN THE BORST FAMILY TRUST, FASK LAND INC., AND THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO, 2004-413, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF $188,000 FROM THE BORST FAMILY TRUST AND FASK LAND INC. TO BE USED IN FURTHERANCE OF THE OTA Y V ALLEY REGIONAL PARK The Borst Family Trust and Fask Inc" have committed to setting aside approximately 70- acres of open space they own within the Otay River Valley, south and east of the planned Auto Park East project for purposes of the Otay Valley Regional Park. Adoption of the resolution approves a restrictive covenant agreement between the Borst Family Trust, Fask Land Inc., and the City of Chula Vista; and acceptance of a donation of $188,000 for Otay Valley Regional Park activities. (Director of Planning and Building) Staff recommendation: Council adopt the resolutions, 25. RESOLUTION NO. 2004-414, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ECONOMIC AND PLANNING SYSTEMS, INC FOR CONSULTING SERVICES, WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAID AMENDMENT On May 21, 2004, the City entered into an agreement with Economic and Planning Systems, Inc. The agreement provided for a review and assessment of the current Growth Management Program, suggestions for improvement, drafting of a new Growth Management Element as part of the General Plan Update, and assisting in the preparation of a revised Growth Management ordinance. Approval of the amendment allows the consultant to assist in finalizing the Growth Management ordinance and redrafting the Growth Management Program Document. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Page 12 - Council Minutes December 14, 2004 CONSENT CALENDAR (Continued) 26, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 BUDGET BY TRANSFERRING THE EMERGENCY MANAGEMENT FUNCTION AND ASSOCIATED PERSONNEL AND BUDGET FROM THE FIRE DEPARTMENT TO THE MANAGEMENT AND INFORMATION SERVICES DEPARTMENT In order to more effectively manage disaster preparedness citywide, effectively coordinate the Emergency Operation Center (EOC), manage the EOC staff and meet the guidelines of the Fire Department's recently-completed strategic plan, it is recommended that responsibility for the City's emergency operations be transferred ftom the Fire Department to the Management and Information Services Department (Director of Management and Information Services/Fire Chief) Staff recommendation: Council adopt the resolution. With reference to Item 2C, Mayor Padilla announced that the following members of the public wished to speak to the item. Russell Husted, representing Salvation Army Management and current Management Superintendent of Si1vercrest Apartments, stated that the entire 600 block of Third Avenue is commercial, with the exception of the Silvercrest Apartments. All of the apartment residents are elderly and ftail, and with inadequate on-street parking, the residents would become very isolated, since they depend on the parking spaces for family members and support groups who assist them with shopping, medical trips, mail, shuttle vans, and emergency needs. He proposed that additional parking be provided, as well as a built-in curb to provide further safety for the residents. Mary Rubacha, owner of Silvercrest Apartments, stated that the apartment residents are all elderly, and since they do not own vehicles, they are dependent upon other means oftransport for appointments or trips to the grocery store. She asked the Council to grant two additional parking spaces, stating that it seems little to ask for something that affects the lives of many. ACTION: Councilmember Rindone moved to refer the item back to staff to seek alternatives to provide safety and security to the apartment residents. Councilmember Davis seconded the motion, and it carried 5-0, Councilmember Castaneda suggested looking at passenger loading. Councilmember McCann was hopeful that staff would work with Silvercrest representatives to arrive at a solution to meet the needs of all parties. CounciJmember Davis suggested looking at the possibility of providing access inside the gates to load and off-load passengers. Page 13 - Council Minutes December 14, 2004 CONSENT CALENDAR (Continued) ACTION: Mayor Padilla moved to approve staff's recommendations and offered Consent Calendar Items No.1, 2A, and 3 through 25, headings read, texts waived. The motion carried 5-0, except on Item 1, which carried 4-0-1, with Councilmember Castaneda abstaining since he was not present at the meeting. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 27. CONSIDERATION OF ADOPTION OF AN ORDINANCE TO ALLOCATE ADEQUATE STORAGE SPACE FOR THE SEPARATION AND TEMPORARY STORAGE OF RECYCLABLES AND SOLID WASTE IN DEVELOPMENT PROJECTS Chapter 18 of the California Public Resources Code requires jurisdictions adopt a space allocation ordinance to ensure adequate space for the temporary storage, separation and collection of solid waste and recyclab1es at all facilities within the jurisdiction. (Director of Conservation and Environmental Services) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. There were no members of the public who wished to speak. ACTION: Councihnember McCann moved to continue the hearing to January 18, 2005, Councihnember Davis seconded the motion, and it carried 5-0. 28. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPŒD PARCELS OF LAND, AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Chu1a Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Director of Finance) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Page 14 - Council Minutes December 14, 2004 PUBLIC HEARINGS (Continued) Finance Director Kachadoorian announced that 188 property owners were notified of their delinquent accounts, and 90 accounts have since been cleared. She requested that the remaining 98 accounts, valued at $27,400, be assessed as liens on the respective parcel, and ultimately placed on the next regular property tax bill for collection. With no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Counci1member McCann offered Resolution No, 2004-415,heading read, text waived: RESOLUTION NO. 2004-415, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND, AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 5-0. 29. CONSIDERATION OF APPROVAL OF THE VACATION OF THE PEDESTRIAN EASEMENT LOCATED WITHIN 624 MARIPOSA C~CLE (APN: 639-682-31-00) The City is considering vacating a six-foot-wide pedestrian easement located within 624 Mariposa Circle. The easement does not provide access to a public street as originally intended, but dead-ends at the adjacent private property located at 505 East Naples Street. In accordance with Part 3, Chapter 3 of the California Streets and Highways Code, Council adopted a Resolution of Intention setting the public hearing to consider the vacation of the easement. In order to vacate, the Council must adopt a resolution ordering the vacation ofthe easement. (Director of General Services, City Engineer) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing: JoAnn Bonner, whose residence is located adjacent to the subject property, stated that she has observed increased graffiti, trash and noise in the area. She believed that the walkway was a hazard and should be closed for the safety of the neighborhood, She added that she has placed calls to the Police Department as a result of vandalism at the nearby church. With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: CounciJmember McCann offered Resolution No, 2004-416, heading read, text waived: Page 15 - Council Minutes December 14, 2004 PUBLIC HEARINGS (Continued) RESOLUTION NO. 2004-416, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF THE PEDESTRIAN EASEMENT LOCATED WITHIN 624 MARIPOSA C~CLE (APN: 639-682-31-00) The motion carried 5-0. 30. CONSIDERATION OF 1) AN AMENDMENT TO THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN UPDATING THE PUBLIC FACILITIES FINANCE PLAN AND AIR QUALITY IMPROVEMENT PLAN (pCM 04-15A); 2) A TENTATIVE SUBDIVISION MAP ON 86,9 ACRES OF THE OTAY RANCH FREEWAY COMMERCIAL SPA PLAN (pCS 05-02); AND 3) A CONDITIONAL USE PERMIT FOR A MULTIPLEX MOVIE THEATER IN THE OTA Y RANCH FREEWAY COMMERCIAL SPA PLAN (PCC 05-013) On September 14,2004 the Council approved amendments to the Freeway Commercial SPA Plan proposed by General Growth Properties. General Growth Properties has now applied to update the associated Public Facilities Finance Plan and Air Quality Improvement Plan. General Growth also submitted the new Tentative Subdivision Map consisting of seven lots for fteeway-oriented commercial uses on 86.9 acres of the Freeway Cornmercial SPA Plan. In addition, they have applied for a Conditional Use Permit for a multiplex movie theater for up to 16 screens in an approximately 70,000 square-foot building on Lot 6 of the proposed tentative map. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Principal Planner Rosa1er presented the proposed project. CounciJmember Rindone questioned whether the number of vehicles proposed for the stacking lane was sufficient. Principal Planner Rosa1er replied that the engineers have designed the stacking lane to be 250 feet long with two lanes to accommodate seven vehicles in each lane. Kris Longson, representing General Growth Properties, stated that the design phase of the proj ect would be presented to the Design Review Committee at its next meeting. With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. Councilmember Davis commented that she was excited to see the project move forward. Page 16 - Council Minutes December 14, 2004 PUBLIC HEARINGS (Continued) CounciJmember McCann stated that the proposed project meets two community needs, the demand for theaters and restaurants and sales tax revenues that will assist with maintenance of City services. ACTION: Counci1member Rindone offered Resolution Nos. 2004-417, 2004-418, and 2004- 419, headings read, texts waived: A. RESOLUTION NO. 2004-417, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OT A Y RANCH PLANNING AREA 12 FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN, UPDATING THE PLAN PUBLIC FACILITIES FINANCE PLAN, AND ~ QUALITY IMPROVEMENT PLAN B. RESOLUTION NO. 2004-418, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR 86.9 ACRES OF THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN-CHULA VISTA TRACT 05-02 C. RESOLUTION NO. 2004-419, RESOLUTION OF CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT FOR A MULTIPLEX MOVIE THEATER LOCATED IN THE OT A Y RANCH FREEWAY COMMERCIAL SPA PLAN The motion carried 5-0, ACTION ITEMS 31. CONSIDERATION OF ADOPTION OF THE 2005 LEGISLATIVE PROGRAM The Legislative Program represents the Council's positions on items likely to be acted upon by the State Legislature, Congress, or administrative agencies. By adopting a Legislative Program at the beginning of each two-year legislative session, and amending it at mid-term, Chu1a Vista is able to take a proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities. (Office of the Mayor and Council) Intergovernmental Affairs Coordinator Bradley reported on the 2005 Legislative Program, Mayor Padilla expressed the need to pay close attention to the potential raid on local redevelopment funding by the State. ACTION: Mayor Padilla offered Resolution No. 2004-420, heading read, text waived: RESOLUTION NO. 2004-420, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2005 LEGIS LA TIVE PROGRAM The motion carried 5-0. Page 17 - Council Minutes December 14, 2004 ACTION ITEMS (Continued) 32. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO AN AGREEMENT WITH STRATUS, A DIVISION OF THE JCM GROUP, FOR HIGHER EDUCATION PLANNING AND CONSULTING SERVICES, FOR THE CITY'S HIGHER EDUCATION STRATEGY In November 2003, the Council/Staff University Working Group fmalized the process of interviewing qualified candidates to assist with the strategic planning process. As a result of this competitive process, the City Council/Staff University Working Group selected the team of consultants lead by STRATUS. Adoption of the resolution approves an amendment to the agreement with STRATUS. (Director of Community Development) Economic Development Manager Stone stated that staff would return in January 2005 with a report regarding phase two of the University Park and Research Center proj ect. The report will cover items solidifying the institutional partners, support development of the ftamework strategy, and campus planning. ACTION: Mayor Padilla offered Resolution No. 2004-421, heading read, text waived: RESOLUTION NO. 2004-421, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A F~ST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND STRATUS, A DIVISION OF THE JCM GROUP, FOR CONSULTING SERVICES RELATED TO THE DEVELOPMENT OF A HIGHER EDUCATION RECRUITMENT STRATEGY The motion carried 5-0. OTHER BUSINESS 33. CITY MANAGER'S REPORTS There were none. 34. MAYOR'S REPORTS Appointment of Deputy Mayor. ACTION: Mayor Padilla moved to appoint Counci1member Davis as Deputy Mayor. Councilmember McCann seconded the motion, and it carried 5-0. Mayor Padilla stated that a memorandum to the Council would be forthcoming regarding upcoming assignments to the various regional agency boards and sub-committees. Page 18 - Council Minutes December 14,2004 Mayor Padilla spoke regarding the "Give a Book" program, stating that at the conclusion of the book drive, that Council would recognize Robert Ware and Todd Molino, who have been instrumental in coordinating the program. He also thanked City staff for their assistance, Mayor Padilla wished everyone a safe holiday season. 35. COUNCIL COMMENTS Councilmember McCann welcomed Councilmember Castaneda to the Council. He reported on his attendance at the recent Police Officers Association dinner. He also spoke about the success of the Yule Tide Parade and thanked the Downtown Business Association and Office of Communications on the success of the event. With regard to the Chula Vista Historic Museum, he said he would like to ensure that staff is moving towards making the facility operational and preserving the City's heritage, Councilmember Rindone congratulated the Police Officers Association for the teddy bear roundup and for making a difference in the community. He also commented on the success of the recent Yule Tide Parade that he attended with this daughter. He wished the community happy holiday, and reminded them to spend time with family and friends. He also welcomed Councilmember Castaneda to the Council. Counci1member Castaneda thanked the Council and staff for his welcome on the Council, stating that he looks forward to a great working relationship. He also spoke about the success and positive efforts of the recent "Give a Book" rally, Deputy Mayor Davis welcomed CounciJmember Castaneda as a member of the Council. She stated that she had attended several pep rallies at local schools regarding the success of the "Give a Book" program, She wished everyone a happy and safe holiday, She also thanked all those who participated in the Christmas in October event. ADJOURNMENT At 7:36 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of January 11, 2005, at 6:00 p.m. in the Council Chambers (The meetings of December 21,2004, December 28, 2004, and January 4,2005 were cancelled), _____~~ ___~ ~Lorraine Bennett Deputy City Clerk Page 19 - Council Minutes December 14, 2004 CITY COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 01125/05 ITEM TITLE: RESOLUTION; Appointing CounciJmember JoJm McCann as the City of Chula Vista Representative to the Otay Valley Regional Park Policy Committee SUBMITI'ED BY, Dire'''''fR=oITiO~ REVIEWED BY: CityManagert9fV (4/5 Vote: Yes_No...xl The Mayor recommends that Council member JoJm McCann be appointed to represent the City of Chu1a Vista, The Policy Committee sets or recommends policy for the administration of the regional park, including but not limited to prioritizing property acquisitions, recommending approval of implementation of plans, and prioritizing staff implementation efforts. The planned Otay Valley Regional Park, extending ftom South San Diego Bay east to the Otay Lakes Reservoir, is the result of the joint efforts of the County of San Diego and, Cities of San Diego and Chu1a Vista to develop this 11mi1e linear regional park for the residents of the South Bay. RECOMMENDATION: That the City Council adopt the Resolution. . Pursuant to the Joint Exercise Powers agreement (JEP A) approved and adopted by Chu1a Vista, and the City and County of San Diego on January 30, 1990, each jurisdiction appoints an elected official to serve on the Policy Committee BOARDS AND COMMISSION RECOMMENDATION: N/A DISCUSSION: Background The Otay Valley Regional Park is the result of a multi-jurisdictional planning effort in the Otay River Valley by the County of San Diego and the Cities of Chu1a Vista and San Diego. In 1990, the jurisdictions entered into a Joint Exercise of Powers Agreement (JEP A) for coordinating planning, acquisition and design for the OVRP. The JEP A established a 3-member Policy Committee (PC) of elected officials and a 30-member Citizens Advisory Committee (CAe). The Policy Committee consists of three elected representatives appointed respectively by the San Diego County Board of Supervisors, the Chula Vista City Council and the San Diego City Council and sets or recommends policy for the administration of the regional park, including but not limited to prioritizing property acquisitions, recommending approval of implementation master plans, and prioritizing staff implementation efforts, 2-1 Page No.2, Item: Meeting Date: 01/25/05 :L- The representative ftom the City of Chula Vista must be a member of and appointed by the City Council. Appointment to the Policy Committee shall be for a term not to exceed the appointee's current term in office (or at the pleasure of the City Council). The Mayor is the City's current representative, and he desires for another Council member to have the opportunity to serve. The planning area for OVRP is' located in the southern portion of San Diego County, four miles north of the United States/Mexico International Border. The Regional Park extends about 11 miles ftom the southeastern edge of the salt ponds in South San Diego Bay, through the Otay River Valley, to the land surrounding both the Lower and Upper Otay Lakes. Conclusion The proposed appointment is in keeping with the intent ofOVRP JEP A, and staff recommends that the City Council authorize the appointment of Council member McCann. FISCAL IMPACT: None. Attachments: L Locator Map 2, OVRP Joint Exercise of Powers Agreement (JEP A) H:\ Sh:nadlplanninglFrank H-A OVRP ~enda Stment cc McC.mn 2-2 , -i! =r¡ C'D~ 01 ........ f ~I ~ I ;1 1-1 "U DJ ~ ,.- :E DJ CJ DJ C. o "0 - CD C. cr- ~I =rl CD¡ 91 c, ~! tñ" ~ ãr~ Q -<~ 011 g, ~, ! -I g¡ S:í DJ ¡ "<j ~j .(J'T I ~í o ~ I , ¡ ¡ , , I r, , ' i , i/ , i ' V \ ¡ . Q " ~ ~ t'"' t'"' tt1 -< , ~ < ø .... 0 ~ t'"' ~ ~ 11~11!": L__ ~ 0 ~1-i lfii ~ if 1 ~'! , Q~~ ~:~ ,.a·¡011~~?... ,:~ j ¡¡PHI 1Jíf!,!n"~r: .. '-r,-on Iii! III .J ¡JdJrl ':. I 1¡¡",'fI~ o §~.9¡;r . ~"2.~S:¡¡' " _on,..... J,,~ ;0'" ê'g.i. f Ii; fH'. n '""" -= ~~ ~ ;.¡4'(~n.=.'¡it.'.:'T" r'$ \"~".\'i;#;c~~!:";;"11'"' ";" ",,,-.,~%,!t·.:;t.; ~,,, ,'-;;!;'11;1;1" - \f :¡uaw4:Jl1n\f 2-3 .;';'.J J.';';.;":;;.,:,!',¡¡ :: -, ;f\nD~Y \JV3 Attachment 8 JOINT EXERCISE OF POwERS AGREEMENT k~ONG TEE COUNTY OF SAN DIEGO AND TEE CITIES OF CHULA VISTA AND SAN DIEGO FOR PLANNING AND ACQUISITION FOR THE OTAY VALLEY REGIONAL PARK THIS AGREEMENT, of fl/1! ,,~. if {/ dated for convenience as of the dO-tÃ- è.ay 1990 among the cities of Chula Vista and San Dieço, and the County of San Diego, existing under the laws of the State of California (hereinafter referred to indiviàually or collectively as Public Açencies) . WIT N E SSE T K ""'ï:1ERE~S, the Public Agencies are each e~powered by la'H' to acquire and hold property and to plan anè ãesign public facilities 2.~= ap?U~~en2nces for park purposes; and -;"'ïîERE~S I the Public Agencies èesire to coordiilate 2.cquisi tion, pla:lning 2.nd ãesign of the otay Valley Regional P2.:rk for the benefit of their citizens and the public; and 1i-':::::::R:::AS, it J..S believed th2.t joint c:Jope::-=.tic¡"ì an-=. pa=-:'icipaticn 2.~ong the Public Age.ncies will be :mutually =·enef':'cia,2. ë.-n":; i~ ~~e -u~lic 'n~~~es~' _~¿ \........ ::' A,;__ -1..':' 1...__ 1..., 1~OH, T~EREFORE, the Public .Z;.gencies, Agree as follow·s: S3CTION l. Purpose_ "'his "(,";-::'Qmen~ _.I. _, ~"; ......._..ó I,.. is illade pursuant to ~~e provisions of ;.rt.icle l, Chapter 5, Division 7, Title l of t~e Government C~èe of the S+-:=-::. --1...- of California commencing with Section 6500, (he::-elDaz::e:::- refe~~ed to as the II?C~IT) r. '- relating to the joint ex=rc~se of ~owe=s / DoëuMENï NO. 0....(""(""--. "'PR Q, 1:::::'; .-,' _0 " <J r't: O~¡:ïCë 0:= THE ClïY CLERK -" -... ........................ :...' -::-..::;..~ -.; f"", -- f ¡J\.)._.~ .- 2-4 CClliwon to public 2sencies. The Public Agencies possess t~e pc~e=s ~eferred to in the above recitals. The purpose o! this Ag=ee~en~ is to exercise such powers jointly by coordinating acquisi~ion, planning and design or the otay Valley Regional Park. Operation and maintenance of the acquired park land are not covered by ~. ' .....:1l5 Agreement. SECTION 2. Tenn. This Agreement shall become effective when executed by all parties and shall continue in full force 2.nd effect for 25 yeè~s frow the èate hereof or until terwinated by any of the agencies upon 30 ¿~ys written notice to the other agencies_ P.t t~e expiration of the terill provideà for herein, any money appropri~~ed by the Public Agencies for the coordination of this Agreement w~ic~ 2S not spent shall be returned to the parties in proportion ~o their respective contributions. SECTION 3. Eoundaries. The bouI1daries of the territory wi"thin ;.¡hic~ 'Lie ?:..:.::lic Age~cies shall exercise thei~ pc~ers un¿e~ ~his agr=emeD~ shèl~ == the Focused Planning Area as àefineà by the ?cc~seè ?l~~ni~g Area l'Iap whic~ wil-1 be develcped and adopteå by the agenc:.es subses:'Uer¡~ to the approval of this agreement. lido?ticn of t~e :oc:Jse:: Planning Area shall not be construed to 2.ffec~ the uses . . . . ~~ -\",;¡!.lC~ any propeyty may 1 egally be èsvoted ~ The Foc~sed ?lër.ning ~re2 bounàaries will be establisheà only aftey public review, noticeè hearings, anà approval by the Public Agencies ~ ;'.11 Public .~_S'e!1c.ies shall proceed 2.5 expeditiously 2.S~ possible in i¿enti£yi:-:g the ;=.r:': 2/ 2-5 ' .. boundaries and exercising their powers to plan and design a park. Adoption of the Focused Planning Area is not intendeà to cre~~e, per, se, a potential for a determination that subse~~ent encroachment or development .... . w~l...n~n the Focused P1 . __è.nn.lng Area results in a significant environmental effect under tte CaliforDi~ Environmental Quality Act. Recognition of the Focused Plè.nning Area bounàaries is not intended to constitute an announcement of th.e Public Agencies' intent to 2cq:uire, by purchase or conèe~nation, any p~rticular parcel of prc?ert7 locateå within said boundaries, but rather is intended to facilitate continued planning for potential future park development. S:::CTION 4. Policy Committee. , Pc:licv COlilw.ittee consisting of three elected representatives appoi:rlteà respectively by the San Diego Coun'ty B02.rd of supervisors, the Chula vis"'ta city council ë..nå the S2.D Diego City Council ~hall set the policies for the ad~inist~~~~c~ O~ ~~is 'G-ö-~~~~ ... I....!..._ ................=.:..1_...1.... The representë.tiv~ fro:71 .' \....rJ.e County ~: v_ Sê.n Die:=o shall be a ::member of and appointed by ~ne Coun:::..; 3ç'2.::-d c ~ Supe~visors_ The representative fro~ the City of C~u~a vis~a shëll be a ~e~be~ of anå appointed by the City Ccu~cil. ~~e represe~tative from the city-of San Diego shall be a ilie~~e= of a~= 2.ppoi~teà by the city Council. .Appoint~ent to the Policy c==~i~~ee shall be for a te~ not to exceeà the appointee's cur=e~t te~~ in office. A quorur.t for t~e purposes of conè~cting busi¡¡ess ;.¡ill consist or two roe~bers of the Policy Co=~~~~ee: In ~~= 2.=se~ce of 3....... 2-6 '. 2. quor~m, ~ single me~~er present may illove to aãjaur~. The Policy Committee ~ay ~dopt bylèws, ~ules a~d ~egulètions èS required to conduct its meetings ènd business. The Policy Committee shall conduct regular meetings at leèst ènnually ènd at such other times as may be deter¡;¡ined ny the committee or provided for in its bylaws. The Policy Committee shall appoint a Citizens Advisory Committee 2nd regulate its --' . ~. ac'-lVlI....1es. The :2=.lph 11. Bro;·;n Ac~ (Gove~j1ment Coèe Sections 5~950-54961) shall gove~n the proceedings, notici~g è~d gene=al èc~ivities of this Policy Committee. S~CTION 5. Citizen Advisory Co~~ittee. The Citizen .~èvisory CCìi1mittee shall consist: cf thirty me:nbers to be ê..ppointed by the Polie\' Corn.!itittee. r¡"'1-IQ Citiz2:l Advisory Cc~~ittee shèll select f=cm its ~ernbership ê. chairperson and a vice-chairperson. The citizen Aàvisory committee we~bership shall be comprised of me!:lbers fro¡¡¡ the cO::lrnuni ty, z:;e:::.be.rs 0: cc~~u~~~y crsanizations", p~cperty owners 2nè others , '- 2.5 C.2~Ë=::-...:::eG. by the Policy Ca!:1mi ttee. The purpose cf t!1e Citize::1 A¿~,¡i50ry C '".1.. '.1.. ~. "\... D1 '.. b 4= ':'':.:...._.:-':-. OÜI~l t:. """e.e 1.5 "",,0 aCVlse "t.ne _ a_icy CO:!:lnJ.. ~t:.ee Y J..ac..:....;.....:.. '-Co ......:...~~g ~he trë.nsfer of inforwation bet~eËn a broaè-baseà group ~~ cc~cer~eã c~mmunity lliembers anå the Policy Com~ittee. The Citizen Advisory COw"1littee p.e.!i"~e=s shall 5:2:-..."2 ë.-:' -...: '-.-- pleasure of the Policy Committee for a te~ to be set =y the ?olicy CCilLLli ttee. A çuorum !or the pu=pose of conducting =~siness will c~nsi5t 0-: - si~ple majority of the :::'e~=ers of the C:.-::.zen .~_è~.Tisc::-·;I· , ..... 2-7 ..... Co~mittee. In the absence of ~ quorum, 2 single person presen~ ~ay nove to aàjourn. The Ralph M. Brown Act (Government Code sections 5~950-5~961) shall govern the proceedings, noticing and general activities of this citizen Advisory Committee. SECTION~"6 '; ~;, ,]!.dmini'straticn, This Agreement shall be administered by the Public Agencies. This Agreement shall be administered on behalf of the County of San 'Diego by the Director of Parks and Rec~eãtion; on behalf of ~he City of San Diego by the Director, City P~anning; and en behalf of the City or Chula vis~a by the city Manager or his/her èesignee ~,,~ ::'-- writ~en designation. The powers oÍ the Public Agencies unèer this Açreement shall be subjec~ to those legal restrictions which the County of San Diego has upon the r.1anner of exercising saiã po\o¡er pursuant to Califarn~a Government Code section 6509. The.:, County:' of" San.· Diego.. agrees."to:·"'act as, ,lead agency and schesule ~eetings, p-;:::......-,.-- .I..-.:-',¡(~_-::: agendas, record_. '. minutes, .,....:;:¡..¡....-~;r. .1.11...._..'-___.. records, anè.: confon¡¡ to other legally required processes pertaini:¡c; ,,:to..~ records-~;..:...~ rela ted_ to.:;, the.~ pl2.nning.;.~: and.::.C;,?:5-ign:. of:.-~ ~he otay V2.11ey P-~g j.9në:.l:~-P2.rk~ on:;,·-behal-f::..g ~~;~t.þe,~, PubJ:i:Çi' Agenc,res~ SECTION 7. privileges and InL~unities. All of the privileges 2.n i!:lInunities f::-c::1. lië.bility, eze:-.p~2.C·DS f=orn laws, ordinances and rules, all pension, relief, ¿isabili~y, worke:!:"s' ~. compenSaL.-lOn, anà other benefits whic~ apply to t:;'e activity af officers, agents, or e.!':'lployees of any 0:: '-..= -=~ ~;... ì .: r- -- ",..-'---- ~ 2-8 Açencies ~hen perforlliing ~heir respective func~ions within t~ei~ territorial limits, shall apply to the~ to the Sèffie èegree anc extent while engaged in the pe=formance of any of their func~ic~s and duties extra-territorially unèer this Agree~en~. SECTION 8. Records and Accounts. The Public Agencies shall be strictly accountëble for all funds and report all receipts and disburse~ents made by the Public Agencies in acq:uiring .re-ª_L.2.....roDerty for the _otay VaJ:.1.ey ~§gi£~~l Park. SECTION 9 . Title to property. All ~~çht, ~itle anà inte~2st to the real property acquir~d for the Ct.=.y Valley Regional ?a.=k pursuant to the coordinateà efforts of the ?u~lic Agencies shall belo~c to anà be vesteè in t~e ac~uiring Public Agency, i.e. the Coun~y of San Die;8, ~ne City of Chula Vista, or the City of San Diego. ü=on termin~tion of this Agreement, all right, title and inte!:"est to the real proper~y cCinprising the otay Valley ?2gional ?2.:::-k shall re:::.2..!.Tl in "C:12 ac~~i=in; ?ublic Age~cy. S::::CT:ON 10. Notices ~ A~y ~c~ice or notices provièed by tjis A~~ee~ent or ......0......·' ~ .....0,- - -~...._- '-- -" ~~ 12~..; to --", ~- gi ":lEn or s2~~ed upon t~e Pu=lic Agencies ~2.y ::;e g':·./e:: bv èepcsit~ng the sa~e in the Unl~=d states ~èil, pas~açe ~repëlc, addressed to the Direc~or of ?ar~s and ~e=~e~ticn, County of 52.~ Diego, at 5201 Ruffin Rd., Suite ?, San DiesoJ CA 92223 O~ ?l2...T'l:.Th"1ç' Direc'"-úJr .....--=- . -;-~:--=-~-~ '- ~------=-=-::.-,,:--;:;;;, -,-.- - - , ':;~C..LL.i.":":::::) I .....:.'Cy 0..1. ':::::.~. :""_=::;...J c.~ ;0;::;:;.. ~=~~~~~-= =.;~~-:~~~~_......- .....,...........J , ""'/' 2-9 :. City Aàministr2-tion Brilding, 202 C Street, , , Fo"rthFI=, S2-T1 Diego, c.; 92101 or city Manager, City of Chula vista at,276 4th Avenue, Chula Vista, CA 92010 or to such address as the Public Agencies may subsequently specify in writing'; "" \ }rf C:::, "d I~ ., ..... -----..:1 3a~ .............J..t.-c..:. ::-"':'1~ ......o.e---p-e:rsuUGi...L..J..j' --:::rt:::..~upou ~:~~---ü":'.J.. t::..... ~cT-Q'f- ,.,~". ... T'>_ ~. -€.~ - -~ .z:..,c..=~~~6-;:'~~ ~-r- 0.1. ':;c''¡'.i. LJ....e.~u, Lt.a hp de..t..e.rm; TIC'" ~.:. ~y-eo-t:u....":'l ,t'to:.J.,. BuL .sl:-'d.bti:n~) I ör \-De "'c-î"Ey :::.;-.:.~ SECTION D,. Governing Law. This Agreement shall in every respect be binding upon the parties hereto and their respective successors and assigns. This Agreement shall be governed by the laws of the state of California. SECTION 12. provisions Required by Law. Each and every provision of law and clause required by 12-w to be inserteà in this Agreement shall be åËemed to be inserted herein and the Þ.greement shall be read and enforced as though it were included herein, and if for any reason any such provision is not inserted, or is not correctly stated, then upon application of any party the Agreement shall forthwith be physically amended to maka such insertion or correction. SECTION 13. Partial Invalidity. If any provision of this Agreement or the application thereof to any person or circumstances shall to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall be affected thereby, and each provision of this Agreement shall be valid and be enforced 7-' 2-10 " "."\ to the f~llest exte~t pe~itted by law. SECTION 14. Entire Agreement. This Agreement contains the entire underst2.nding of the parties. No term or provision hereof may be charlged, waived, disch2.rged or terminated unless the same be in writing, signed and executed by the parties to the Agreement; - / o 2-11 IN WI7~ESS 'h-:--rEREOF, ~~e :part':"es he!:"eto f:2.·..;e Cê:.llSe¿ ~.::~s _~_ç::-eeElent to be exec'J.ted and at..tes~eà by "thei::- p=-o:;:e::- off:'se:::-s there~~to èuly authorized, as of the date first above ~i:::-i~te~. ApprcT!'C1 :J:\d./;r ZUL~on~ t'Y Ü:~ cc.!r':J rt s..~ of t)¡e ~ cf ~n Oi;:,;-o / -3(; - 90(77) ~ ,~' ~,,4 ,.., 7z.;:~ --, .- <..//~ r:t·;, '7- i C,;:;ïiI cf t!ë' tûã:-: CT ~ilt"a;"'¡::::¡~ 09/14/89 --- /// / / CITY OF C~ULA VISTA Z' 1fvu 1~yg~~ ":::;&fl (/ ~zßlj ! city Cle::::}: CITY OF S~N DI~GO 'i , \)1"0-~ ~ 0 ~ , " "'-..,....,... õ_='_'""':,!."\:;-~_~ ....~-== ......_.. 'J \ \1 ..._ __ '. . .. . _.. .....'T'.,..';:'c::~~ .l":I...._........._ . City Cler}: COUNT":: 0 /'! / / _ TTEST: 'A--+! o aA../V--,rr-../ Clerk ~¡'~e /7. rd~ Board of Super7iso=s - -" ._"_.., _. ._b._ . , . . .. :'_-.:- ~_. ;.":, : -' oj ;..:: :..... 2-12 --; ¡ '.,,, .. ./ , -~ .I >:,..-:..-/>~~!¿ i/L:". .J ....-..... ........- :-,,, _, __.: ¡.:...-- ,......r.. ':.: " · h RESOLUTION NO. 15502, _ u ____.__ __. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVI/JG THE JOINT EXERCISE OF POWERS AGREEMENT MojONG THE COUNTY OF SAN DIEGO AND THE CITIES OF CHULA VISTA AIm SAN DIEGO FOR PLANNING AND ACQUISITION FOR THE OTAY VALLEY REGIONAL PARK, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT foll ows:' The City Council of the City of Chul a Vista does hereby resol ve as WHEREAS, the City of Chula Vista, City of San Diego and County of San Diego control property within the Otay River Valley area, and WHEREAS, all three governmental agencies are participating in the creation of a regional park within this valley, encompassing the area from south San Di ego Bay along the Otay Ri ver Vall ey corri dor to Lower Ota)' reservoir and beyond, and WHEREAS, a Pol icy Committee; compri sed of Hayor Cox, Council member Bob Filner (San Diego) and Supervisor Brian Silbray (County), has been formed to act as the decision-making body for policy issues related to development of a park plan and a Citizens Advisory Committee has been appointed by the Policy Committee to provide input on the park planning process, and WHEREAS, at a combined Policy Committee and Citizens Advisory Committee meeting on December 8, 1989, the Policy Committee approved adoption of a Joint Exercise of Power Agreement (JEPA) to provide a more formal structure for inter-agency planning and coordination, and WHEREAS, this JEPA has been for....arded to the governmental agencies for their approval, and is attached hereto. -, ¡JaW, THEREFORE, BE IT RqOLVED that the City Council of the City of Chul a Vista does hereby approve the Joint Exercise of Powers Agreement among the County of San Di ego and the Citi es of Chul a Vi sta and San Di ego for planning and acquisition for the Otay Valley Regional Park, a copy of which, is attached hereto and incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the lojayor of the City of Chula Vi sta be, and he is hereby authorized and directed to execute this agreement for and on behalf of the City of Chul a Vista. \ Presented by Approved as to form by "--L ~ Lø/ ~L- 11ah~~ A. 110 I r;;;eao Director of Parks and Recreation t~ , " L-J ]\-¡,L ,( .s. U. Klcnara Kuaolr Assistant City Attorney / 2-13 - (R-90-1~41) RESOLUTION NUMBER R- 27;) £) 2 n ADOPTED ON APR 301990 BE IT RESOLVED, by the Council of The City of San Diego, tr.at the Council hereby approves the establishment of the Otay Valley Regional Park Joint Powers Authority, in accordance with the terms and conditions set forth in the Joint Exercise of Powers Agreement ~~ong the cities of San Diego and Chula Vista and the County of San Diego, a copy of which is on file in the office of RR- 2~/56,20 . the City Clerk as Document No. - BE IT FURTBER RESOLVED, that the City ~anager is hereby autho=ized and àirected to execute said agre~~ent for anà on behalf of The City of San Diego. b~ IT FURTHER RESOLVED, that the City Council hereby approves the appointment of the Councilmember from Council District 8 to serve as the representative to the Otay Valley Regional Park JoiTIt Powers Authority. BE IT FURTHER RESOLv~D, that the representative and duly electeå or appointeà successor shall serve on the Authority a~ the pleasure of the City Council. ~2PROVED= JOEN W. WITT, City Attorney By e~u~~ 1'\001£ Eradecky Deputy City Attorney t...f RH::lI.b 03/29/90 'Or DQ~-' '01 -n . _,:-',-.__c... R-90-1441 ?or:ü=r.:J.one / 2-14 ?assed a~c aèopte¿ by ~~e Cnn'!"1("" ~ 1 '-''---'--- of The City cf s~~ D~c~~ C~ .~PR 30íqan by the following vote: YEAS: v~ol=sl1eÏ-r:-P..2:' r Ro:t:e:.-ts, !-:2.rtlev , D---......... ... ....C.....L. Be.-""7l:~èT. M~;n--~'Y Fil"1e..:r I 1'-12yor 0 I Connor _ NÞ_YS: None. NOT PRESENT: He,!1èerson . AUTHENTICATED BY: ÞI.';UREEN 0' CONNOR Mayor of The City of San Diego, California CF.;...~?LES G. ;l3ûELNOUR City Clerk of The City of San Diegor C~lifor~i~. '- (S:2:..".L) 3v: RHONDÞ_ R. 3.~.RNE:S 1 Deput.y I E3?23~ C~RTI?~ that the ë.bove ë.!1ã. fGregoing is 2. ~~, i 1 -'--- , ~=~..:.= ?"':~L:')n and correct c~:?y of RESOLUTION NO. R- - ( ;) ,)..., I , pa.s~e= 2.!lã. aë.opteà . " bY -::ne Council of The City of San Diegol C=.lifor:1ië. on APR 301990 C::i.';RLE;S G. Þ3DELNOUR City Clerk of Tbe City of San Di~gor Cë.li=c=~ië. (SEAL) 3V: M~ K- ,ð~ÁÌ.-/ l)e?·.l~::· -- 2-15 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING COUNCILMEMBER JOHN MCCANN AS THE CITY OF CHULA VISTA REPRESENTATIVE TO THE OTAY VALLEY REGIONAL PARK POLICY COMMITTEE WHEREAS, the Otay Valley Regional Park is the result of a mult-jurisdictional planning effort in the Otay River Valley by the County of San Diego and the Cities of Chula Vista and San Diego; and WHEREAS, in 1990, the jurisdictions entered into a Joint Exercise of Powers Agreement (JEP A) for coordinating planning, acquisition, and design for the OVRP; and WHEREAS, the JEP A established a 3-member Policy Committee (PC) of elected officials and a 30-member Citizens Advisory Committee (CAC);and WHEREAS, the Policy Committee consists of three elected representatives appointed respectively by the San Diego County Board of Supervisors, the Chu1a Vista City Council and sets or recommends policy for the administration of the regional park; and WHEREAS, the representative from the City of Chula Vista must be a member of and appointed by the City Council. The Mayor is the City's current representative, and he desires for another Council member to have the opportunity to serve. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appointing Council member JoJm McCann as the City of Chula Vista representative to the Otay Valley Regional Park Policy Committee. Presented by Approved as to form by Buck Martin Director of Recreation J:AttorneylResolpolicylJohn McCann 2-16 COUNCIL AGENDA STATEMENT Item: Meeting Date: 1/25/05 3 ITEM TITLE: RESOLUTION ACCEPTING AND APPROPRIATING $16,855.97 FROM THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES TO THE FIRE DEPARTMENT SUBMITTED BY: Fire Chief DÎ't~ REVIEWED BY: City ManagerJt;v (415ths Vote: YeslLNo _) The Fire department is a participant in Automatic Aid Agreements with all other agencies within San Diego County and an Agreement for Local Government Fire Suppression Assistance to Forest Agencies and the Office of Emergency Services, The Department provides staff and equipment resources to these agencies on a reimbursement basis. Staff is recommending Council accept and appropriate the reimbursement to the Fire Department. RECOMMENDATION: That Council accept and appropriate $16,855,97 based on unanticipated reimbursements and amend the Fire Department's FY05 budget by increasing the Fire Suppression personnel services budget by $13,079.97 and the Fire Suppression services and supplies budget by $3,776, BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Reimbursement claims were filed with the State of California Office of Emergency Services (OES) for recent fires per our agreement for Local Government Fire Suppression Assistance to Forest Agencies and the Office of Emergency Services. The Department has received reimbursement for suppression staff time and equipment usage related to the following firefighting assignments: INCIDENT STRIKE TEAM DATE REIMBURSEMENT ORDER NUMBER ASSIGNMENT AMOUNT CA-RRU-57236 MELTON FIRE. JULY 17 THRU $ 8,499.65 RIVERSIDE CA 19TH 2004 CA-MVU-5659 MATAGUAY FIRE, SAN JULY 14 THRU $ 8,356,32 DIEGO/IMPERIAL 15TH 2004 TOTAL $16,855,97 The funds wili be used to offset the fire department's overtime expenditures and restock $3,776 of fire engine supplies as a result of these assignments. - 3-1 FISCAL IMPACT: The reimbursement will be used to offset the Fire Department's overtime expenses, and restock fire engine supplies, There is no negative impact to the general fund. 3-2 RESOLUTION NO. 2005- RESOLUTION ACCEPTING AND APPROPRIATING $16,855.97 FROM THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERV1CES TO THE FIRE DEPARTMENT WHEREAS, The Fire department is a participant in Automatic Aid Agreements with all other agencies within San Diego County and an Agreement for Local Government Fire Suppression Assistance to Forest Agencies and the Office of Emergency Services; and, WHEREAS, The Department provides staff and equipment resources to these agencies on a reimbursement basis; and, WHEREAS, Reimbursement claims were filed with the State of California Office of Emergency Services (OES) for recent fires per our agreement for Local Government Fire Suppression Assistance to Forest Agencies and the Office of Emergency Services. The Department has received reimbursement for suppression staff time and equipment usage related to the following firefighting assignments; and, rNCIDENT ORDER STRIKE TEAM DATE REIMBURSEMENT NUMBER ASSIGNMENT AMOUNT CA-RRU-57236 MELTON FIRE. JULY 17 THRU $ 8,499,65 RlVERSIDE CA 19TH 2004 CA-MVU-5659 MATAGUAY FIRE, SAN JULY 14 THRU $ 8,356.32 DlEGO/IMPERlAL 15TH 2004 TOTAL $16,855.97 WHEREAS, The funds will be used to offset the fire department's overtime expenditures and restock $3,776 of fire engine supplies as a result of these assignments, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept and appropriate $16,855,97 based on unanticipated reimbursements and amend the Fire Department's FY05 budget by increasing the Fire Suppression personnel services budget by $13,079,97 and the Fire Suppression services and supplies budget by $3,776, Presented by: Approved as to form by: \ D glas A Perry Fire Chief ~ ^ . ~0 (J\,<\ . . 'I ~ ~"-' Ann Moore \ Cify Attorney H:sharedlattorney/strike team overtime 3-3 COUNCIL AGENDA STATEMENT Item: Meeting Date: 01/25/05 f ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS TOTALING $2,050 TO THE FIRE DEPARTMENT FROM WAL-MART AND APPROPRIATING SAID DONATED FUNDS SUBMITTED BY: Fire Chief bAr iPt- REVIEWED BY: City Manager h ø;V (4/5ths Vote: YesLNo _) The Fire Prevention bureau received two donations, one in the amount of $750 and another in the amount of $1,300 from the WAL-MART Foundation. The donations were presented to the Fire Prevention Division to support fire investigations, RECOMMENDATION: That Council adopt the resolution accepting the donations in the amount of $2,050 and amend the FY05 Fire Department budget to appropriate said donated funds to the Fire Prevention services and supplies budget BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Fire Prevention Bureau has received two donations from the WAL-MART Foundation, The first donation in the amount of $750 is from the WAL-MART located in Otay Ranch. This donation will be used to purchase small tools for fire investigation. The second donation in the amount of $1,300 is from the WAL-MART located at 75 North Broadway, This donation will be used to update the code and reference library used by fire investigators, FISCAL IMPACT: The total amount received is $2,050. There are no matching funds required or General Fund impact 4-1 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS TOTALING $2,050 TO THE FIRE DEPARTMENT FROM WAL-MART AND APPROPRIATING SAID DONATED FUNDS WHEREAS, the Fire Prevention bureau received two donations; one in the amount of $750 and another in the amount of $1,300 from the WAL-MART Foundation; and, WHEREAS, the first donation in the amount of $750 is from the W AL- MART located in Otay Ranch; and, WHEREAS, this donation will be used to purchase small tools for fire investigation; and, WHEREAS, the second donation in the amount of $1,300 is from the WAL-MART located at 75 North Broadway; and, WHEREAS, this donation will be used to update the code and reference library used by fire investigators. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the donation in the amount of $2,050 and amend the Fire Department Fiscal Year 2005 Fire Prevention services and supplies budget by $2,050. Presented by: Approved as to form by: >~ " ~~~.. . , I \ G"Vt, Ann Moore City Attorney H/sharedJattorney/Donation Walrnart $2,050, 4-2 Council Agenda Statement ~Œ 5 CHUIA VISTA Item: Meeting Date: January 25, 2005 ITEM TITLE: CONSIDERATION OF AN ORDINANCE AMENDING CVMC 8.24 AND 8.25 TO CONFORM LANGUAGE RELATING TO SOLID WASTE, LITTER AND RECYCLING AND THE IMPLEMENTATION OF A VARIABLE RATE STRUCTURE. ORDINANCE APPROVING THE AMENDMENTS TO CVMC 8.24 AND 8.25 TO CONFORM LANGUAGE RELATING TO SOLID WASTE, LITTER AND RECYCLING AND THE IMPLEMENTATION OF A VARIABLE RATE STRUCTURE. SUBMITTED BY: Michael T. Meacham, Director of Conservation & Environmental Services Lynn France, Conservation Coordinator ~~ REVIEWED BY: David D. Rowlands, Jr., City Manage~v (4/5ths Vote Yes _ No _) INTRODUCTION: In the fall of 2001, City Council approved the implementation of a Variable Rate Structure/"unit pricing" with automated collection for Small Quantity Generators, and rate structure modifications for Large Quantity Generators that encouraged waste reduction and provided recycling incentives. The implementation of these programs prompted the need for minor conforming changes to CVMC Chapters 8.24 and 8.25 relating to Solid Waste, Litter and Recycling. . The changes include such items as: (1) removing the requirement for residents to provide their own solid waste containers; residents must use the refuse and recycling containers provided by Pacific Waste Services, the City's solid waste and recycling franchise agent ("Pacific"); (2) allowing residents to continue using yard waste containers provided by the residents, or to use automated carts rented from Pacific for a nominal rental fee, or City- approved automated collection carts purchased from local hardware stores; (3) allowing for the placement of all recyclables in a single container; (4) requiring proper curbside placement of the automated solid waste containers for collection by Pacific, 18 inches apart, wheels against the gutter; and (5) omitting the references to obsolete recycling boxes and old rates. A strikeout version of the two affected code chapters, detailing the conforming changes, are attached for Council review and approval. STAFF RECOMMENDATION: Recommend that Council approve the modifications and adopt the ordinance conforming Chula Vista Municipal Code Sections 8.24 and 8.25. BOARD AND COMMISION RECOMMENDATION: Not applicable 5-1 Item: 5 Meeting Date: January 25, 2005 DISCUSSION: In 1989 the California Integrated Waste Management Act (AB 939) required cities and counties to divert 50% of their waste stream from landfills. To accomplish that goal, cities and counties were required to write a Solid Waste Management Plan. The Source Reduction and Recycling Element (SRRE) of that waste plan included a variety of operational and educational program implementations designed to achieve the goal. Defined in Chula Vista's SRRE was the implementation of a unit pricing rate structure, providing economic incentives for solid waste generators to decrease trash volumes and increase . diversion of recycling and yard waste materials, which Council approved in the fall of 2001. The primary consideration for implementing a variable rate system was to meet or exceed the State mandated recycling goal. At that time, Chula Vista had yet to achieve the 50% diversion goal. The California Integrated Waste Management Board (CIWMB) approved Chula Vista's request for an extension that was partially based on our commitment to implement the variable rate system and single-stream recycling. City staff worked with Pacific to develop the unit pricing program and negotiations culminated in a comprehensive solid waste management program that included: · Implementation of a "Variable Rate or Unit Rate" pricing structure for small quantity generator (SQG) waste disposal and recycling services. (SQG-curbside or alley cart service.) · Automation of the collection service in containers provided by Pacific - 32, 64, or 96- gallon trash and recycling carts, at no extra charge. · Unlimited "co-mingled or single-stream" recycling with additional carts at no extra charge. · Operational modifications such as color-coded containers by service type (black, blue, green), cart exchange policies and some minor miscellaneous rates. · Modification of the large quantity generator (LQG) rate structure to create waste reduction and recycling incentives. (LQG-bin and roll-off box service.) Now, Chula Vista is the only jurisdiction in the county, with a population over 100,000 that has met the 50% diversion goal: 2001 - 54%, 2002 - 52%, and 2003 - 51 %. In 2003, according to CIWMB staff, Chula Vista ranked third in the top 25 cities with lowest waste generation rate per person, 4.78 pounds per person. The implementation of this system prompted the need for minor conforming changes to the Solid Waste, Litter and Recycling sections of the municipal code, Chapters 8.24 and 8.25. A strikeout version of the two affected code chapters, detailing the conforming changes, are attached for Council review and approval. FISCAL IMPACT: The action recommended by staff will not impact the general fund. Conforming these chapters will provide consistency between the municipal code and the franchise agreement. 5-2 ORDINANCE NO, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTION 8.24 AND 8.25 TO CONFORM LANGUAGE RELATING TO SOLID WASTE, LITTER AND RECYCLING AND THE IMPLEMENTATION OF A VARIABLE RATE STRUCTURE WHEREAS, in the fall of 2001, City Council approved the implementation of a unit pricing rate structure as part of its solid waste management plan; and WHEREAS, that plan provided for a unit pricing rate structure with automated collection for Small Quantity Generators, and rate structure modifications for Large Quantity Generators that encourage waste reduction and provide recycling incentives; and, WHEREAS, the implementation of these programs prompted the need for minor conforming changes to CVMC Chapters 8.24 and 8.25 relating to Solid Waste, Litter and Recycling; and, WHEREAS, the City Council desires to amend Chu1a Vista Municipal Code Chapters 8.24 and 8.25 so that these chapters conform to the unit pricing rate structure of the City's Solid Waste Management Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I: That Chapters 8.24 and 8.25 of the Chula Vista Municipal code are hereby amended as follows: SOLID WASTE AND LlTTER* Sections: 8,24.010 Purpose and intent. 8.24.020 Definitions. 8,24,030 Accumulation of materials constituting a fire hazard prohibited. 8.24.040 Solid waste - Disposal in public places prohibited. 8.24.045 Solid waste generated off-site - Placement in city trash containers - Prohibited. 8.24.050 Solid waste - Disposal on private property prohibited - Exception. 5-3 Ordinance No. Page 2 8,24.060 Owner or occupant responsibility to maintain sanitary premises. 8.24,070 Solid waste - Collection prohibited when - Burning prohibited. 8.24.080 Solid waste - Containers approved for use by small genemtorsmall auanitv aenerators (single-family residential and small businesses with cart service) and brgo goncratorlarae auanitv aenerators (bin & roll-off-box service) for solid waste, yard waste and recyclables. 8,24.090 Solid waste - Placement in containers or bundles - Restrictions, 8.24,100 Solid waste - Placement of containers for collection - Times. 8.24.110- 8.24.170 Reserved. 8,24,180 Payment of solid waste collection charges - Penalty for delinquency. 8,24,190 Reduccd recidenti::t! solid '.'.'::tste collection ch::trges for sonior citizons, Reserved, 8.24,195 Mandatory recycling for exempt and reduced rate customers. 8,24.200 Interference with collection and scavenging prohibited when. 8.24.210 Littering - By private persons prohibited where. 8.24,220 Littering - By corporations or persons prohibited where. 8,24.230 Owner or occupant duty to keep sidewalks free of litter. . For authority for cities to deciare what shall be deemed a nuisance, see Gov. Code § 38771; for provisions regarding abatement of nuisances, see Gov. Code §§ 38773 and 38773,5, CROSS REFERENCES: Dead Animals, see Ch. 6.16 CVMC, Prior legislation: Prior code §§ 16.1 - 16,3 and 16.7 - 16,18; Ords, 912, 949,1204,1852,1988,1999,2004,2206,2428,2484 and 2740. 8.24.010 Purpose and intent. The city council finds that the accumulation, storage, collection, transportation, processing and disposal of solid waste is a matter of public concern, in that improper control of such matters creates a public nuisance and can lead to air pollution, fire hazards, illegal dumping, insect breeding, rodent infestation and other problems affecting the health, welfare and safety of the residents of this and surrounding cities. The city council further finds that the minimum weekly collection of solid waste from all residences and places of 5-4 Ordinance No. Page 3 business in the city benefits all occupants of residences and businesses within the city. Accordingly, the collection of solid waste in the city is a mandatory service, shall not be discontinued, and all owners and occupants as defined in CVMC 8.24,060 are made liable for the payment of such fees as may be approved from time to time by the city council. The city council further declares that the regulations provided in this chapter are designated to eliminate or alleviate such public health and safety concerns, and provide minimum standards for the accumulation, storage, transportation and processing of solid waste. (Ord. 2764 § 1, 1998). 8.24.020 Definitions. For the purpose of this chapter, the definitions contained in CVMC 8.25.020 shall govern, unless the context otherwise requires or indicates. (Ord. 2764 § 1, 1998). 8.24.030 Accumulation of materials constituting a fire hazard prohibited. It is unlawful for any person to create or allow to be created, or maintained upon any premises in the city owned or controlled by such person, any accumulation of materials that are dangerous as fire menace or hazard. (Ord. 2764 § 1,1998). 8.24.040 Solid waste - Disposal in public places prohibited. It is unlawful for any person to place, dump, deposit or throw any solid waste including, but not limited to, plastic, glass, metal, paper, green waste, other food waste, automobile parts, or other solid waste or liquid wastes of any kind or character whatsoever, upon or along the right-of-way of any public highway, street, lane, alley or other public place within the corporate limits of the city. (Ord. 2764 § 1,1998). 8.24.045 Solid waste generated off-site - Placement in city trash containers - Prohibited. City solid waste and litter containers are placed in city parks, at bus stops and other public areas for the use of the public to control litter and solid waste which is generated at or near the location where the solid waste containers are located; they are not to be used as disposal sites for solid waste which is generated off-site, except as defined as incidental waste in CVMC 8.25.020. 5-5 Ordinance No. Page 4 Therefore, it is unlawful for any person to place, dump, deposit or throwaway solid waste of any kind or character whatsoever other than incidental waste in city litter or solid waste containers, if such was generated at a location other than where the solid waste or litter container is located. (Ord. 2764 § 1, 1998). 8.24.050 Solid waste - Disposal on private property prohibited - Exception. It is unlawful for any person to place, dump, deposit or throw away any solid waste or other waste discards of any kind or character whatsoever, upon any private property adjacent to or abutting upon any public highway, or public place, or upon any private property whatsoever, within the corporation limits of the city, unless such person first obtains the written permission of the owner of such property so to do. It is further unlawful for such person to deposit or place such materials in any solid waste container owned or used by the owner of such property, unless such person first obtains the written permission of the owner so to do. This section is not intended to preclude a person from disposing of waste generated at a business in containers provided for customers of the business, such as empty food containers being placed in public waste containers at a fast food restaurant. (Ord. 2764 § 1, 1998). 8.24.060 Owner or occupant responsibility to maintain sanitary premises. Every owner, tenant, occupant or person owning or having the care and control of any premises in the city shall keep said premises or those under his/her care and control in a clean and sanitary condition, and no person shall permit any solid waste or any other substance which may be or will become offensive to be deposited or to remain in or upon any premises owned or occupied by him or under his care and control, except as otherwise expressly permitted by this chapter. It shall be the responsibility of such person to provide for weekly scheduled solid waste collection service by means of the city's contract or franchise agent and pay for such services pursuant to this chapter. However, any such person subject to the mandatory requirement may remove or convey their own waste to a state-permitted landfill or transfer station by applying for an exemption in writing in advance and receiving such exemption pursuant to CVMC 8,24.180, Any dispute as to such exemption may be appealed to the city manager. (Ord. 2764 § 1, 1998). 5-6 Ordinance No. Page 5 8.24.070 Solid waste - Collection prohibited when - Burning prohibited. A. No person shall collect, remove or convey, or cause or permit to be collected, removed or conveyed, any residential, commercial or industriai solid waste upon or along any public street, alley or any other public place in the city; provided, however, the prohibitions of this section shall not apply to authorized employees of the city, or to any person or firm or employees thereof, with whom the city or a local school district has entered into a contract or franchise for the collection, removal or disposal of solid waste, or to the occupant or owner of any residence personally removing their own solid waste from said residence or commercial establishment or as may otherwise be permitted or required by federal or state laws that legally supersede the provisions of this chapter. Occupants or owners removing or conveying their own waste shall comply with the provisions of this chapter and all local state and federal regulation regarding the safe transportation and disposal of wastes. B. It is unlawful for any person to burn or bury any solid waste as a means of disposing of said waste. (Ord. 2764 § 1, 1998). . 8.24.080 Solid waste - Containers approved for use by smaU geAeratersmall Cluanity Clenerators (single-family residential and small businesses with cart service) and I-aI:ge generaterlarge Cluanitv Clenerators (bin or roll-off service) for solid waste, yard waste and recyclables. A. It is unlawful for any small generatorsrnall Quanity oenerator in a residential area to keep or store any solid waste and recyclables within containers except those provided bv the city contract or franchise aoent. Residents may keep yard waste in a container provided by the city contractor franohise or franchise oontraot aoent or their own standard waste container. Such standard containers shall be a rnaxirnum capacity of 40 oallons. . with the exoeption of yard wm;te oontainers. '....hich me tapered oradually. decreasino in diameter toward the bottom of the container. made of metai or plastic with metal or plastic covers and operable handles. and shall be watertioht and fly-proof. with a maximum oapacity of ~g aallens. Suoh oontainer(; chall have oper:::¡ble handlec and , whioh arc t:::¡pered gradually, deoreacin§ in diameter toward the bottom of the oontainer, mado of metai or plastio with metal or plastio coverc and handlec, and and whioh oontainer¡; ehall 80 watertight and fly proof Residents may also purchase and use their own automated yard 5-7 Ordinance No. Page 6 waste container for yard waste only, if that container has been approved by the City. :md 5h311 not exceed 10 g3110ns in oap3city, Small goneratorc may also uco oontainorc provided by tho oity or itc contract or franohico agont as part of thoir optional sorvice. B. Large gonor:ttorLarqe quanity qenerators shall utilize containers provided by the city contract or franchise agent. Compactor containers or other receptacles provided by Iafge generatorlarqe quanity qenerators, such as commercial and industrial customers, must be approved by the city contract or franchise agent for compatibility with collection equipment before use. Use of incompatible compactors or other containers is not allowed and the purchase or lease of such equipment will not be considered grounds for an exemption from mandatory service. C. Further, every person having the care or control of any place or premises within the city where solid waste accumulates or exists shall cause such solid waste to be placed and kept in such watertight containers, with lids securely fitted, and in a number adequate to contain the total amount of (soo dofinitions. co lid v:aste moans overvtinq mfuse means qarbaqe and rubish) solid waste¡ (refuse. recyclinq and vard waste) accumulating during the maximum allowed one-week interval between each collection or removal thereof. (Ord. 2764 § 1,1998). D. Enclosures for solid waste containers must be of adequate size to hold and properl" servioe the number of containers required to temporarily store fef-the roo"olinq. solid waste refuse. recyclinq and yard waste qenerated in-bewtween service intervals, pursuant to Section 8.24.080.C. The enclosures shall also be adequate in size to accommodate aM other ancillary collection and removal services, Le, qrease renderinq as defined in Chapter 19.58,340, 8.24.090 Solid waste - Placement in containers or bundles - Restrictions. All solid waste shall be kept within sturdy containers made of metal or plastic, and no solid waste shall be placed in any container so that it protrudes or extends beyond such containers. Containers shall also have tight-fitting lids sufficient to keep out the rain and prevent litter. Every owner, tenant, occupant or person having responsibility for premises shall subscribe for adequate service provide and maintain the number of rigid containers and lids sufficient to separately hold their weekly solid waste;- (-refuse. recyclables and yard waste}. Yard waste and other designated recyclables shall never be placed for collection in plastic bags. The weight of any empty standard container for yard waste container for 5-8 Ordinance No. Page 7 - a sm311 generatorsmall Quanity qenerator shall not exceed 15 pounds; the weight of any fully loaded container shall not exceed 60 pounds. Cardboard containers shall not be used as solid waste containers and should be emptied, broken down and placed at the designated collection location for collection with recyclables. A. The following actions are approved for solid waste by small gener3torsmall Quantity qenerators (single-family residential and small businesses with curbside collection service): 1, ~ Color-coded and speciallv marked containers will be provided upon request by the city contract or franchise aqent for used oil. oil filters. and desiqnated recyclables at no additional charqe. Color-coded and speciallv marked containers for vard waste will be provided at the resident's option and require a monthlv rental fee established in the maximum rate schedule. . Use of ¡alc15tic or paper bagc manuf-actured exprcccly for waste stor3go, securely tiod 'Nith wire, plaÐtic or ctring, and of such thickne..s 3nd bur..ting ..trength to resist puncture and tears. Grocery and ..hopping bags are not pormitted; 2. NOVlÐpaporc and/or flattened card beard boxes chould be pl:Jcod outcide containerc (f-or rocycling) if thoy aro ctacked 3nd socurely tied with natural fiber twine into bundle.. of not mOFe than 49 pounds in 'Neight; ð2.7 Brush and limbs of trees may be placed outside of yard waste containers, tied with natural fiber (compostable) twine into bundles of not more than four feet in length, 18 inches in diameter and 4G35 pounds in weight; 43.7 Any person desiring to receive different, additional, or more frequent service may do so through the contract or franchise agent, on mutually agreeable terms and conditions, by contacting the contract or franchise agent at least two days before their regular refuse collection service dayj 5. Color coded and speoially marked containorÐ will be provided upon requeÐt by the oity oontraot or fr::mchiÐo agent for usod oil, oil filterc, and deÐignatod recyclables at no charge. Color coded and Ðpooially markod oontainem for yard wacte and solid waste will be provided ::It the reÐident's option and require ::I monthly rental foe establiched in the maximum r3te sohedule. B. The following actions are prohibited for residential cuctomerssmall quantity qenerators: 1. Use of severely damaged containers or containers with jagged or sharp edges (said containers will be appropriately tagged by contract or franchise agent first time noted and will be collected by contract agent if used subsequently to being so tagged); ~ 5-9 Ordinance No. Page 8 2. Placement of hazardous or toxic wastes, such as solvents, paints, pesticides, fuels, explosives and medical wastes, at the designated collection location for collection by the city or any contract or franchise agent(s). This prohibition is not intended to exclude the door-to-door collection of any hazardous waste, by appointment, by a contractor licensed by the city and permitted by the State Department of Toxic Substances or the county environmental health department; 3. Placement of construction and demolition waste at the designated collection location for service by the city contractor or franchise agent which may resist compaction Or damage equipment, such as large metal objects, concrete blocks, dirt or tires. This prohibition is not intended to prevent a resident from making an appointment for free bulky pick-up, free used oil and filter collection, or contracting with the city contract or franchise agent for a temporary bin for construction debris, metals, yard waste and source separated recyclable materials; 4. Deposit of solid waste or any other material in waste containers intended for use by, or belonging to, others; 5. The disposal of designated recyclables in solid waste containers. C, Enforcement. 1. Generators that fail to place solid waste-:- (refuse, recyclables or yard waste} out for collection in proper containers or fail to properly separate recyclables will be tagged with a notice and provided with proper instructions. 2. Repeated violation of proper set-out and/or separation after notification by the city or its contract or franchise agent will subject the violating person to a penalty of up to $10.00 per incident. That penalty will be assessed as part of the regular solid waste disposal bill and will be subject to the same payment and collection procedure provided in CVMC 8.24,180. 3. An additional fee of $10.00 will be added to the bimonthly or monthly service fee to restart service for any owner/occupant that discontinues service prior to receiving an exemption under CVMC 8.24.180(H), (Ord. 2764 § 1,1998). 8.24.100 Solid waste - Placement of containers for collection -,- Times. No solid waste shall be placed for collection in an alley or on the curb or the streets before 6:00 p.m. on the day immediately prior to the scheduled collection day. No person shall permit solid waste containers to remain on the street or alley after 8:00 p.m. of the 5-10 Ordinance No. Page 9 collection day. Collection point shall be in front of the residential property at the curbline or as close thereto as possible without creating an obstacle on the sidewalk. All solid waste placed at such collection points shall be deemed a request for service by the city's contract or franchise agent. Carts shall be placed at least 1,5 feet apart. with wheels aqainst the qutter:-aR€I manually collected items. such as. bulky pick UP items. standard yard waste containers and desiqnated used-oil recyclinq containers shall also be 1.5 feet from Carts. (Ord. 2764 § 1, 1998). 8.24.110 Reserved. 8.24.120 Reserved. 8.24.130 Reserved. 8.24.140 Reserved. 8.24.150 Reserved. 8.24.160 Reserved. 8.24.170 Reserved. 8.24.180 Payment of solid waste collection charges - Penalty for delinquency. A. Payment Obligation. The city council finds and determines that the regular collection of solid waste, yard waste and designated recyciables, and the disposal or processing thereof by the contract or franchise agent of the city from all places in the city, is a part of the integrated solid waste management service to the premises from which it is collected. All owners and occupants of premises within the city shall be responsible for paying the monthly collection service rate charged by the city or its contract or franchise agent, or shall comply with the provisions of this chapter for an exemption from mandatory service as set forth in subsection (H) of this section. No person that has not previously applied for and received an exemption shall willfully fail, neglect or refuse, after demand by the city or its contract or franchise agent, to pay the service fees. B.. Billing and Payment. All solid waste service charges shall be billed upon a monthly or bimonthly basis as determined by the city council, and shall be due and payable by the owner/occupant at the time indicated in the billing statement. The city's solid waste 5-11 Ordinance No. Page 10 contract or franchise agent will provide solid waste billing services, and subject to the provisions of this chapter, be primarily responsible for the collection of payments. The due date for each class of generator shall be clearly indicated on the bill/invoice. If the due date falls on a Saturday, Sunday or legai holiday, the customer will have until the end of the next regular business day to make payment. Payments made by mail must be post-marked no later than midnight of the due date on the invoice. Payments may be made in person on or before the due date between 8:00 a.m, and 5:00 p.m., Monday through Friday excluding holidays, at the contract or franchise agent's Chula Vista office. C. Billing Cycles, Classifications and Due Dates. All solid waste service charges for £mall gonoratorsmall ouanity oenerators (residential dwellings and businesses with curb or alley cart service) shall be billed bimonthly in advance. The due date for sm311 genor::ltorsmall ouanity oenerator invoices shall be the last day of the bimonthly billing cycle. Solid waste service charges for largo gonoratorlarqe ouanitv oenerators (residences and businesses with bin, compactor or roll-off service) shall be billed monthly in arrears, The due date for I3rgo gonoratorlaroe ouanitv oenerator invoices shall be 15 days after the last day of the monthly billing cycle. The cost of temporary services such as industrial roll- off boxes may be applied to the monthly or bimonthly billing statements of existing customers, secured by a line of credit or paid for as "Cash On Delivery" (COD) as mutually agreed by the city contract or franchise agent and the customer. The city will direct the contract or franchise agent to deliver invoices to the Postal Service in a manner that will provide the customer no less than 15 days for delivery and payment of their invoice without penalty. D. Service Rates. The contract or. franchise agent shall set service rates subject to a maximum rate established by the city council. A complete schedule of maximum rates shall be kept on file with the city clerk and the city conservation coordinator and is available for public review. Maximum rates may be subject to increase pursuant to the terms of the city's contract or franchise with the contract or franchise agent(s). Subject to the terms of the then-in-effect contract or franchise, the council may from time to time establish such rates by resolution, including the establishment of rates for different classifications of generators (residential, commercial, industrial or subclassifications thereof) or types of materials generated, including preferential or discounted rates for senior citizens or low income families or other classifications which are deemed to be in the public interest. E. Penalties for Delinquency - Notification. 5-12 Ordinance No. Page 11 1. A bill shall be considered delinquent if payment in full is not received by the close of business or postmarked before midnight of the due date as shown on the bill. However when the final day falls on a Saturday, Sunday or legal holiday, payment may be made without penalty on the next regular business day. If payments for Ðmall gcmcmtorsmall quanitv qenerator invoices have not been received by the city contract or franchise agent 10 days before the due date, the city contract or franchise agent shall send notification ("first warning") outlining potential late fees and penalties to the resident or business. 2. Late Notice. In the event the owner or occupant of any premises or business shall be delinquent in payment of any part or all of the solid waste fees and delinquency continues for a period of 10 days after the due date shown on the bill, the city's contract or franchise agent shall send notification ("late notice") to the owner and occupant informing both of the amount owed and the schedule of penalties and costs accrued at each stage of delinquency as defined below. The notification to the owner shall be mailed to the name and address listed on the last available property tax assessment roll and shall include the potential delinquency amount to be assessed as a lien and collected on the owner's property tax bill. If payment in full is not received by the due date on the bill/invoice, the city or its contract or franchise agent may impose a one time late/processing fee equal to 10 percent of the charges owed or $10.00. In addition, for each 30 days the delinquent bill remains unpaid, the city, its contract or franchise agent may impose additional late/processing fees equal to one and one-half percent of the outstanding debt. If the bill is not paid within 15 days of the invoice due date, the city contract or franchise agent may charge an additional restart fee of $10.00. (The penalties and restart fee are designated for administrative convenience only in the master fee schedule.) The city, its contract or franchise agent must at minimum send one billlinvoice at least 10 days before the due date and one notification letter by first class mail to the owner or occupant prior to assessing a penalty. 3. Final Late Notice. In the event that the owner or occupant of any premises or business is delinquent in payment of all or any part of the solid waste bill, other than that for which they have applied for and received an exemption from the city, for a period of 90 days after the due date of the invoice, the city or franchise agent shall assign the delinquent account to the city for collection. Upon mutual agreement, the city contract or franchise agent may assign delinquent accounts to the city before 90 days. At least 10 days prior to assigning an account to .the city for collection, the city 5-13 Ordinance No. Page 12 contract or franchise agent shall send a second notification ("final late notice") to the owner. The notification shall include the total current amount due, a description of the potential penalties for delinquent amounts and a description of the potential lien process (penalties and fees are designated for administrative convenience only in the master fee schedule), the location where the bill may be paid in person during regular business hours and a self-addressed return envelope for payment by mail. 4. Final Notice of Delinquency. Upon assignment of the delinquent account to the city for collection, the delinquent charges, penalties and fees may be collected by the city: a, Pursuant to a lien imposition and property tax bill process provided below; b. By suit in any court of competent jurisdiction; or c. Any other manner permitted by law or equity at the city's discretion. Prior to setting a hearing to consider a lien, the city will send notification ("final notice of delinquency") to the property owner with a detailed description of the amount owed, the penalty schedule, lien procedure and associated costs and administration fees (the penalties and fees are designated for administrative convenience only in the master fee schedule). F. Lien Process for Solid Waste Services. 1. Hearing and Lien - Notice. When the full amount for said solid waste service charge is not paid within 15 days after the final notice of delinquency, the city clerk may set said delinquent account for hearing by the city council at a regular or adjourned regular meeting, which will be held at least seven calendar days after such 15-day period has expired. The owner of the property shall be mailed notice of the time and place of the hearing. The notice shall also inform the property owner that failure to pay said delinquent account will result in a lien upon the property, and the amount owed will be charged to the property owner on the next regular tax bill. Notice of the public hearing shall also be published once at least 10 days in advance thereof in a newspaper of general circulation published in the city of Chula Vista. The city clerk shall post a copy of such notice of the time and place of hearing, in a conspicuous place at or near the entrance of the council chambers in the city hall. 2. Delinquent Accounts - Hearing and Assessment. The city council shall consider said delinquent accounts at the time set for hearing, together with any objections or protests by interested parties, Any owner of land or person affected by the charges may present a written or oral protest or, objection to the delinquency of 5-14 Ordinance No. Page 13 said account or the amount owed thereon. At the conclusion of the hearing, the city council shall either approve the delinquency and amount owed on the account as submitted or as modified or corrected by the city council. The decision of the city council on the charges and on all protests or objections shall be final and conclusive. The amounts so approved shall reflect the entire amount due, including all penalties, interest and administrative fees that have accrued against the account as of the date of the hearing plus any county fees (for processing and collecting the lien). The amount shall be charged to the property owner on the next regular tax bHl and shall be a lien upon the property involved. The city council shall confirm such assessment and cause the same to be recorded on the assessment roll and, thereafter, such assessment shall constitute a special assessment and lien upon the property. The city council shall adopt a resolution assessing such amounts as liens upon the respective parcels of land as they are shown upon the last available assessment roll. 3. Delinquent Accounts - Administrative Fee. All delinquent accounts that are not paid within 10 days after the final delinquency notice has been posted may be charged an administrative processing fee to offset the costs incurred by the city in administering the provisions of this chapter. The administrative processing fee (designated for administrative convenience only in the master fee schedule) shall be added to the amount due as collected by the city under subsection (E)(4) of this section. G. Solid Waste Service Deposits Required When - Amount. The city, its contract or franchise agent have the right to require deposits from the owner or occupant of any premises who has allowed his/her bill for solid waste service charge to become delinquent or who does not have an acceptable credit rating.· Deposits shall be equal to the estimated amount of the solid waste service charges for two billing cycles, but in no event shall the deposit be less than $25.00. H. Request for Exemption from Fees - City-Approved Exception. 1. Terms for an Exemption. All exemptions and extensions will be granted for a period of not more than 180 days and shall be at the discretion of the director of public works or his/her designee. Applicants which have been cited with a notice of violation or administrative citation and those that have been late on sewer or solid waste fee payment within the past six months will not be qualified for an exemption. 2. Process for Request. Requests for an exemption for mandatory solid waste services and payment shall be made on a form provided by the director of public works. Requests on the 5-15 Ordinance No. Page 14 required form shall be completed by the applicant and submitted to the city, as outlined on the form, at least five working days before the next applicable solid waste billing cycle. An extension of an approved exemption may be requested by submitting the request in writing at least 10 days before the end of the current extension period. 3. Conditions of an Approved Application. Applicants shall agree to an inspection of their premises to verify compliance with solid waste diversion and pay an inspection fee to the director of public works or his designee, per exemption period, of $15.00. The inspection fee shall be waived if the premises are in compliance. If the premises are found to not be in compliance, subsequent re- inspection fees shall also be charged. Failure to notify the city conservation coordinator or the city's contract or franchise agent in writing prior to reoccupying the premises, or otherwise altering compliance with the exemption conditions, shall constitute delinquency of payment for collection charges, and charges and penalties shall be retroactive to the first day of the exemption period. In all cases, property owners and/or their agents will be expected to maintain sanitary premises pursuant to CVMC 8,24.060 including, but not limited to, litter abatement, clean sidewalks and gutters, and yard waste recycling (as appropriate), throughout the exemption period. 4. Special Terms. Exemptions will not apply retroactively except as stated in a Class 1 vacancy exemption below. All exemptions requested by tenants shall also be signed by the property owner. a. Vacancy Exemption for Unoccupied Premises. In the event that the premises are unoccupied and all water, sewer, electricity and gas are also disconnected, an owner or occupant of a residence or business may request a vacancy exemption. Should the premises be unoccupied due to a death or similar hardship, the executor, beneficiary or county probate administrator may request a retroactive exemption. It is the responsibility of the occupant and/or the property owner to cancel an exemption for vacancy and restart service if the property is to be occupied before the end of the exemption period. The request for service shall be made to the city contract or franchise agent at least two regular business days before the next regular collection service day. b. Self-Haul. Occupant or tenants of premises may apply for an exemption from fees for all or part of the solid waste, yard waste and recycling services and remove or convey waste and/or recyclables for processing and disposal which they generate themselves. Such persons must, provide weekly receipts for 5-16 Ordinance No. Page 15 disposal at a state-permitted landfill or transfer station and/or appropriate recycling facility at the end of each billing cycle or upon demand by the city or its contract or franchise agent. Persons provided an exemption are still subject to state-mandated waste diversion goals and may not: (1) dispose of their waste in the waste receptacle of another generator in Chula Vista or another jurisdiction, in a park or street litter bin, (2) contract with a third party to remove and convey their waste, (3) burn their waste in their fireplace or other means, (4) dispose of designated recyclables, or otherwise improperly dispose of waste or recyclables as established in CVMC 8.24.040, 8,24.045 and 8.24.050. A self- hauler exemption is not a permit to haul waste generated by a second party. c. Source Reduction, Recycling and Composting Exemption. The occupant/owner of any premises may apply for an exemption from all or part of the solid waste, yard waste and recycling fees for 100 percent diversion (no disposal of any kind, anywhere). Such persons must provide a written description of their solid waste management pians, to comply with the state-mandated landfill diversion goal and the city's integrated solid waste management plan. d. Property owners and occupants within an area newly annexed to the city that was not currently using the city's contract or franchise agent may use the service of a private refuse collection service other than the city's franchise agent for a period not to exceed one billing cycle. If the owner or occupant was under a pre- existing franchise agreement with a private refuse collection service other than the city's contract or franchise agent, they may remain with that service to the extent required by law until the end of the agreement period, less any extensions in that agreement, for a period not to exceed 180 days. e. The city contractor or franchise agent may suspend collection service and/or charges from a brge gonoratorlarqe quanitv qenerator for: i. Vacancy, ii. Delinquency of payment subsequent to implementation of CVMC 8,24.180(E), or iii. Mutual agreement by the city and contract or franchise agent. The contractor shall notify the city quarterly of all suspended accounts that did not result in payment. (Ord. 2764 §1, 1998). 8.24.190 ReGysed reSiGeAtial seliG ·..:aste sollestien sharges for seRior sitizens. 5-17 Ordinance No. Page 16 The city council finds and declares that single f3mily heuseholds consisting exclusively of one or more senior citizens (ê2 year€: and older) do not generate as great a volume of solid ""a&te ::md, therefom, a method €:hould be provided which would msult in a mduced collection charge fur €:uch €:enior citizens that are billed directly a& part of the small generator category. The collection charge for single family household€: con<:i€:ting of one or mom &enior citizen& (and no €:enior wage earner¡;) that generate no mom than ene 32 gallon cent::Jiner of nonrecycl::1ble wa€:te per week shall be ba&ed upon the co€:t e€:tabliehed by recoluti9n of the city council fur single container cervice for ceniors, 62 year¡; of age or older. (Ord, 2761 § 1, 199B), 8.24.195 Mandatory recycling for exempt and reduced rate customers. Where a solid waste rate reduction or exemption is granted hereunder, the affected party shall not be exempted from and shall remain subject to the mandatory recycling ordinance. Each person receiving a rate reduction or exemption shall be responsible for doing his or her equitable share to assist the city with the 50 percent landfill diversion goal mandated by the California Integrated Waste Management Act of 1989 (AB 939) including, but not limited to, participation in source reduction, reuse, recycling and composting of the designated recyclables and household hazardous waste as applicable. Faiiure to comply with the mandatory recycling ordinance or disposal of solid waste at a site other than the premises where the waste was generated shall be cause fortermination of the exemption or reduced rate and shall subject the rate payer to paying the full cost of service for the full period of the exemption or reduced rate, plus any applicable penalty for violation of CVMC 8.24,040, 8.24,045 and 8.24.050. (Ord. 2764 § 1, 1998). 8.24.200 Interference with collection and scavenging prohibited when. It is unlawful for any person or persons, other than the city contract or franchise agent as defined herein and authorized by the city to collect solid waste or household hazardous waste, to interfere in any manner with any solid waste, household hazardous waste, designated recyclables or yard waste container or the contents thereof, whether owned by private persons, the city, or by its contract or franchise agent, or t() remove any such container or 5-18 Ordinance No. Page 17 its contents from the location where the same was placed by the owner thereof. This provision is not intended to prohibit any person, firm or corporation generating a reusable or recyclable commodity from selling or giving the same as he/she or it may desire; provided, that the commodity(ies) shall be removed and conveyed in a manner strictly in accordance with the rules and regulations of the county department of environmental health and Chapters 8.23, 8.24, and 8.25 CVMC, and that such commodities shall be diverted from a landfill, transformation facility, use as alternative daily cover at a landfill, or other land application or other use not expressly recognized as diversion by the city or the California Integrated Waste Management Act of 1989. (Ord. 2764 § 1, 1998). 8.24.210 Littering - By private persons prohibited where. No person or persons shall leave, discard, deposit, throwaway, or cause to be left, discarded, deposited or thrown away, any solid waste, hazardous waste or medical waste of any type including, but not limited to, paper, wood, glass, plastic, metals, green waste or other organic matter, upon any street, alley, gutter, sidewalk, parkway, park or recreational area in the city. (Ord. 2764 § 1, 1998). 8.24.220 Littering - By corporations or persons prohibited where. It is unlawful for any person, firm, company or corporation to deposit upon any sidewalk or street within the city any sweepings from any sidewalk, stairway or other opening leading to the street or sidewalk. All such sweepings or material from any sidewalk or any other opening leading to the street or sidewalk within the city shall be removed in a pan, shovel or other container and placed in a container for solid waste, or green waste recycling or other recycling container as appropriate. (Ord. 2764 § 1, 1998). 8.24.230 Owner or occupant duty to keep sidewalks free of litter. It shall be the duty of all owners and occupants of buildings in the city and the duty of all owners of vacant lots in the city to keep the sidewalks adjacent to such premises clean and free of any solid waste of any type including, but not limited to, paper, wood, glass, plastic, metals, green waste, noxious weeds and vegetation or other organic matter. (Ord. 2764 § 1.. 1998). 5-19 Ordinance No. Page 18 Chapter 8.25 RECYCLING Sections: 8.25.010 Purpose and intent. 8.25.020 Definitions. 8.25.030 Mandatory fees for recycling. 8.25.035 Reduced residontial curbsido recycling collection fate&,Reserved. 8.25.040 Separation of recyclable materials, storage, and containers. 8.25,050 Mandatory recycling. 8.25.060 Recycling programs. 8.25.070 Reports. 8.25,080 Scavenging. 8.25.090 Composting. 8.25.100 Enforcement. 8.25.110 Severability. 8.25.010 Purpose and intent. The purpose of this chapter is to provide standards for integrated solid waste management, to include source reduction, recycling and composting of solid wastes, in order to provide for the long- term health, safety and welfare of Chula Vista residents through extending current landfill capacity, preserving resources, and providing for the general protection of the environment. The chapter provides for regulation of the storage, collection, transportation and recovery of marketable and recyclable materials. (Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992). 8.25.020 Definitions. For purposes of this chapter, and other municipal code provisions referring hereto, the following words shall have the meanings ascribed thereto, unless the context in which they are used clearly indicates another meaning: A. "Aluminum" means recoverable materials made from aluminum, such as used aluminum food or beverage containers, aluminum foil, siding, screening, and other items manufactured from aluminum. B. "Bin" shall mean those plastic or metal containers of one cubic yard (202 gallons) to eight cubic yards that have plastic lids on the top (unless metal lids are designateçl by the city manager). Bins are 5-20 Ordinance No. Page 19 used for weekly or more frequent collection of waste, yard waste or designated recyclables by the city or its franchise agent. C. "Bulky waste" means discarded items whose large size or shape precludes or complicates their handling by standard residential or commercial solid waste, recycling and green waste collection methods. Bulky items include white goods, fumiture, large auto parts, trees, stumps, carpet and other potentially oversize wastes. Bulky waste does not include hazardous or infectious waste unless specifically exempt, such as freon containing refrigerators. D. "Buy-back center" means a facility licensed and permitted by the Department of Conservation and/or local jurisdiction which pays a fee for the delivery and transfer of ownership to the facility of source separated materials for the purpose of recycling or composting. E. "Cardboard" means post-consumer waste paper grade corrugated cardboard (grade #11),' kraft (brown) paper bags, or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for collection and recovery for recycling. F. "Carts" shall mean those plastic containers with a capacity of less than 202 gallons (one cubic yard). Carts shall have a fixed lid and are designed for automated and/or semi-automated collection of solid waste, yard waste and/or designated recyclables by the city or its franchise agent. G. "City" shall mean the city of Chula Vista, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. H. "Collection" means the act of removing and conveying nonhazardous and noninfectious solid waste, commingled or source separated materials, from residential, commercial, industrial, or institutional (governmental) generators to a facility for processing, composting, transfer, disposal or transformation. I. "Commercial" means a site and/or business zoned or permitted for any use other than residential including, but not limited to, commercial, light industrial, industrial and agricultural. Commercial generators that generate three or more cubic yards of waste per week are serviced by a bin or compactor collection vehicle. J. "Commercial recyclables" means designated recyclable materials from the two commercial subcategories of office and hospitality. Materials include, but are not limited to: office paper, cardboard, newspaper, and aluminum from offices; and cardboard, 5-21 Ordinance No. Page 20 glass bottles and jars, plastic bottles, aluminum, tin and bi-metal cans, and white goods from hospitality establishments. K. "Compactor containers" means those fully enclosed metal containers of two to 40 cubic yards provided by the city's hauler or customer. Compactors typically serve very largo gonomtorlarqe quanity qenerators. L. "Compost" means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream. M. "Composting" shall mean the controlled and monitored process of converting organic wastes into compost. N. "Construction waste" means the demolition, dredging, grubbing, building, and rubble resulting from construction, remodeling, repair, and/or demolition activities on housing, commercial, governmental building, and other structures and pavement. O. "Contract or franchise agent(s)" means any person, private or pubiic entity designated by the city council, pursuant to Article XII of the city Charter and Chapter 8.23 CVMC, as being responsible for administering the collection, processing and/or disposal of solid waste or designated recyclables. P. "Recycling box" shall mean those containers with a capacity of 18 gallons to 32 gallons which are supplied by the city or its franchise agent for manual collection of designated recyclables..Æ special events. Q. "Curbside collection" means the service of removing and conveying of nonhazardous and noninfectious solid waste, source separated recyclables and/or green waste from the public thoroughfare at the curb or alley. (The city shall make the final determination regarding eligibility for curbside collection, which shall generally apply to small quantity generators.) R.1,. "Designated containers" ("containers") shall mean those containers designated by the city manager for temporary storage and collection of waste or designated recyclables including but not limited to curbside bins, carts, bins, roll-off boxes, and/or compactor containers. R.2 "DesiQnated Recvclables" means those materials desiqnated by the City Manaqer for recoverv or reuse, Any material havinq an economic value on the secondarv materials market or that is otherwise salvaqeabie shall be included and/or other materials that have been separated from other small quantity or larqe quantity qenerators for the purposes of beinq recycled for resale and/or reuse. and placed at a desiqnated recyclinq or waste collection or storaqe location or in a desiqnated recyclinq or waste 5-22 Ordinance No. Page 21 container for the purpose of collection and processinq. or any such desionated recyclable materials collected under a mixed waste processino prooram. The list includes, but is not limited to: Newspaper (ONP). Mixed Paper (MP). corruqated Cardboard (aCC), steel. Tin and Bi-metal Cans. metal coat hanoers, Aluminum containers, White Goods. qlass food and beveraqe containers. #1 and #2 plastic containers. all California Redemption containers, used oil. used oil filters, yard waste. clean lumber. concrete and asphalt S. "Designated solid waste and recycling collection or storage location" means a place designated by the city manager for storage and/or collection of waste, green waste and/or recyclables pursuant to CVMC 8.24.100. Designated locations include, but are not limited to, the curb, alley, waste/recycling enclosure, a loading dock, or basement of a commercial enterprise or multifamily complex where waste and recyclables are placed for collection or temporary storage prior to collection by the city's franchise agent T. "Franchised recyclables" means any residential, commercial or industrial recyclables, as defined herein, to be collected by the city's contract agent or franchisee, placed in designated recycling containers or at designated recycling collection or storage location(s). U. "Garbage" means all nonhazardous, noninfectious organic waste including: kitchen and table waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs, except organic wastes separated therefrom and used in composting in accordance with CVMC 8.25.090. V. "Generator" means every owner, tenant, occupant or person owning or having the care and control of any premises in the city including the temporary use of parks, open space or a public thoroughfare. W. "Glass bottles and jars" means food and beverage containers made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling, including container glass designated redeemable under the California Beverage Container Recycling and Litter Reduction Law, Division 12.1 (commencing with Section 14500) of the California Public Resources Code, as well as glass jars and bottles without redeemable valuè ("scrap"), but excluding household, kitchen, and other sources of noncontainer glass such as drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products that are not bottles or jars. X. "Grantee" shall mean the city'sJranchise agent(s). 5-23 Ordinance No. Page 22 - Y. "Green wastes" means the leaves, grass, weeds, shrubs, tree branches, tree trunk and other wood materials from trees, Green waste may also inciude preconsumer food waste, incidental amounts of waxed or plastic-coated corrugated c3rdboardcardboard and mixed paper, unpainted and untreated lumber. Green waste does not inciude tree stumps in excess of 40035 pounds, more than incidental dirt or rock, plastic, glass, metal, painted or treated lumber, plywood, particle board, or other manufactured products that contain glue, formaldehyde, nonorganic or nonbiodegradable materials, Z. "Green waste processing" means the accumulation and storage of green waste in a manner that leads to the intentional or unintentional thermophilic decomposition of green waste. The acceptance of payment for green waste and the accumulation of more than 15 yards or three tons per year of unprocessed, shredded, ground or com posted material shall constitute green waste processing and is subject to the city, county and state requirements regulating compost and/or solid waste facilities p;ite codes"). Residential, commercial and agricultural sites that generate, stockpile or process green waste material generated on- site and used on-site without sale of finished or unfinished material, that are otherwise compliant with all conditions of the municipal code for nuisance, may apply for an annual exemption. AA. "Hazardous or toxic waste" means any waste material or mixture of wastes which is toxic, corrosive, flammable, explosive, an irritant, a strong sensitizer, and which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during, or as an approximate result of, any disposal of such wastes or mixtures of wastes as defined in Section 25117 of the California Health and Safety Code, which is not legally disposable at a Class III Landfill. BB. "Hospitality" means any establishment that offers dining services, food or beverage sales. This inciudes taverns, bars, cafeterias, and restaurants, as well as motels and hotels (temporary housing of less than one month duration), hospitals, schools, colleges, and other such establishments that have dining services, or a restaurant or bar, on their premises. CC, "Industrial recyciables" means recyclables from industrial, construction, and demolition operations, including, but not limited to, asphalt, concrete, dirt, land-ciearing brush, sand and rock. DO. "Industrial solid waste" means solid waste originating from mechanized manufacturing facilities, factories, refineries, 5-24 Ordinance No. Page 23 construction and demolition projects, and/or publicly operated treatment works, excluding recyclables and compostables, if properly handled and treated, and excluding hazardous or toxic waste. EE. "Inert" means materials such as concrete, soil, asphalt, ceramics, earthen cooking ware, automotive safety glass, and mirrors. FF. "Improper disposal" means the discarding of any item or items upon public or private premises that were not generated on the premises as a part of its authorized use, unless written consent of the property owner is first obtained. GG. "Improper disposal site" means any premises that have intentionally or unintentionally accumulated solid waste or recyclables and/or charged a fee for accepting material without a solid waste or composting permit from the county local enforcement agency ("¡¡ita C090"). This does not include businesses licensed and permitted in the city to purchase source separated recyclables. HH. "Incidental waste" means less than one pound of waste deposited in a public litter bin or designated waste container to prevent litter, such as waste from a fast food meal deposited in a designated waste container or public litter bin by a pedestrian or vehicle operator. II. "Industrial generator" means any property or generator that is engaged in the manufacture of products including but not limited to construction and demolition. Industrial generators are typically serviced by roll-off box containers of 10-yard to 40-yard capacities and typically generate inert materials such as asphalt, concrete, building debris and some wood and dry green waste. JJ. "Industrial" means any form of mechanized manufacturing facilities, factories, refineries, and construction and demolition operations, excluding hazardous waste operations. KK. "Institutional" shall mean any premises owned and/or occupied by local, state and federal agencies, typically office or education facilities with a common waste stream. LL. "Integrated solid waste management" means a planned program for effectively controlling the storage, collection, transportation, processing and reuse, conversion, or disposal of solid waste, recyclables and/or compostables in a safe, sanitary, aesthetically acceptable, environmentally sound and economical manner. It includes all administrative, financial, environmental, legal and planning functions as well as the operational aspects of solid waste handling, disposal, litter control and resource recovery systems necessary to achieve established objectives. 5-25 Ordinance No. Page 24 MM. "Landfill" means a disposal system by which solid waste is deposited in a specially prepared area which provides for environmental monitoring and treatment pursuant to the California Code of Regulations, California Public Resources Code and the Federal Resource Conservation and Recovery Act. NN. "Large quantitv generator" means those residential, commercial, industrial and institutional entities that generate more than 300 gallons of waste per week excluding source separated recyclables diverted from disposal or transformation. 00. "Mixed waste processing" means a system of recovering recyclables from the. mixed waste stream through separation at a processing facility, transfer station, landfill, or other such facility, instead of separation at the primary waste generation source. PP. "Multifamily" means a structure or structures containing a total of four or more dwelling units in any vertical or horizontal arrangement on a single lot or building site. QQ. "Newspaper" means newsprint-grade paper including any inserts that come in the paper, and excluding soiled paper, all magazines and other periodicals, telephone books, as well as all other paper products of any nature. RR. "Nuisance" means anything which is injurious to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood, or any number of persons, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of the storage, removal, transport, processing, or disposal of solid waste, compost, and/or designated recyclables. 55. "Office or offices" for purposes of this chapter shall mean any office, combination of offices, or connected building or office space in '....hiGh the oembined, total area is mere than 20,000 square feet, regardless of office affiliation, ownership, or occupancy. This includes, but is not limited to, businesses used for retail, wholesale, professional services, legal services, financial services (to include banks), medical services, shipping and receiving areas, churches, schools, colleges, and libraries. TT. "Office paper" means waste paper grades of white and colored ledgers and computer paper. Examples include forms, copy paper, stationery, and other papers that are generally associated with desk and employee work area activity, and any additional materials to be added by ordinance. UU. "Plastic bottle" means a plastic container with narrow neck or mouth opening smaller than the diameter of the container body, used for containing milk, juice, soft drinks, water, detergent, 5-26 Ordinance No. Page 25 shampoo or other such substances intended for household or hospitality use; to be distinguished from non bottle containers (e.g., deli or margarine tub containers) and from non household plastic bottles such as those for containing motor oil, solvents, and other non household substances. W. "Pollution" means the condition caused by the presence in or on a body of water, soil, or air of any solid waste or substance derived therefrom in such quantity, or such nature and duration, or under such condition, that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered. WW. "Processing" means the reduction, separation, recovery, conversion, or recycling of any component(s) of solid waste. XX. "Putrescible wastes" means the waste in organic material with the potential decomposition capacity to emit noticeable quantities of odor and gas by-products. Material in this category includes, bwt is not limited to, kitchen waste, dead animals, food from containers, etc., except organic wastes separated therefrom and used in composting. YY. "Recyclables" means any materials that are recyclable, reclaimable, and/or reusable within the following generating categories: small quantitv generator and large quantity generator. Any material having an economic value on the secondary materials market or that is otherwise salvageable shall be included and/or other materials that have been separated from other small or Iaf§e gcnomtorlarqe quanitv qenerators for the purposes of being recycled for resale and/or reuse, and placed at a designated recycling or waste collection or storage location or in a designated recycling or waste container for the purpose of collection and processing, or any such designated recyclable materials collected under a mixed waste processing program. ZZ. "Recycling" shall mean any process by which materials which would otherwise be discarded, deposited in a landfill or transformation facility and become solid waste are collected (source separated, commingled, or as "mixed waste"), separated and/or processed, and returned to the economic mainstream in the form of raw materials or products or materials which are otherwise salvaged or recovered for reuse. AM. "Refuse" means garbage and rubbish. 888. "Removal" means the act of taking solid wastes or designated recyclables from the place of generation either by the contract or franchise agent(s), or by a person in control of the premises. 5-27 Ordinance No. Page 26 CCC. "Removal frequency" means frequency of removal of solid wastes or recyclables from the place of generation. ODD. "Residential," for purposes of this franchise, means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, including single- and multiple-family dwellings, apartment-hotels, boarding and lodging houses. "Residential" does not include short-term residential uses, such as motels, tourist cabins, or hostels which are regulated as hospitality establishments, EEE. "Residential recyclables" means those specific recyclable materials from residential soiid waste (single-family and multifamily) including, but not limited to, aluminum, glass bottles and jars, newspaper, plastic bottles, tin and bi-metal cans, white goods, and yard waste. FFF. "Roll-off service" means service provided for the collection, removal and disposal of industrial waste such as construction, demolition and other primarily inert nonputrescible wastes and green wastes. Roll-off service is usually provided using metal containers of 10 to 40 cubic yards that are open on the top with doors on one end. GGG. "Rubbish" means nonputrescible solid wastes such as ashes, paper, glass, bedding, crockery, plastics, rubber by-products or litter. Such materials that are designated as recyclable or compost may be exempt from categorizing as rubbish; provided, such materials are handled, processed and maintained in a properly regulated manner. HHH. "Salvaging or salvageable" means the controlled and/or authorized storage and removal of solid waste, designated recyclables or recoverable materials. III. "Scavenging" means the uncontrolled and/or unauthorized removal of solid waste, designated recyclables or recoverable materials, Such activity is unlawful and is a misdemeanor punishable by up to six months in jail and $1,000 in civil penalties under CVMC 8,24,200 and 8,25.080 and Chapter 9, Section 41950 of the California Integrated Waste Management Act of 1989. JJJ, "To segregate waste material" means any of the following: the placement of designated recyclables in separate containers; the binding or bagging of designated recyclables separately from other waste material and placing in a separate container from refuse, or the same container as refuse; and the physical separation of designated recyclables from other waste material (either at the generating source, solid waste transfer station, or processing facility). 5-28 Ordinance No. Page 27 KKK. "Small generator" means those residential, commercial, industrial and institutional entities that generate less than 300 gallons of waste per week excluding source separated recyclables diverted from disposal or transformation. LLL. "Solid waste" means all putrescible and nonputrescible solid, semi-solid and liquid wastes, such as refuse, garbage, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semi-solid wastes, and includes liquid wastes disposed of in conjunction with solid wastes at solid waste transfer/processing stations or disposal sites, which are generated by residential, commercial or industrial sites within the city. Solid waste shall not include: hazardous and infectious waste, sewage collected and treated in a municipal or regional sewage system or materials or substances having commercial value or other importance which can be salvaged for reuse, recycling, composting or resale. MMM. "State" shall mean the state of California. NNN. "Storage" means the interim containment of solid wastes, yard wastes, or recyclables in an approved manner after generation and prior to disposal, collection or processing. ("Interim" means for one week or less; roll-off containers may store nonputrescible waste for up to 30 days.) 000. "Streets and byways" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said city, including state highways now or hereafter established within said city. PPP. "Tin and bi-metal cans" means any steel food and beverage containers with a tin or aluminum plating. QQQ. "Transfer or processing station" means those facilities utilized to receive solid wastes and to temporarily store, separate, convert, or otherwise process the solid waste and/or recyclables. RRR. "Unit" means an individual residence contained in a residential multifamily complex. SSS. 'White goods" means kitchen or other large enameled appliances which includes, but is not limited to, refrigerators, washers, and dryers. TTT. "Wood waste" means lumber and wood products but excludes tree stumps in excess of 4GQ35 pounds, more than incidental dirt or rock, plastic, glass, metal, painted or treated wood, plywood, particle board or other manufactured products that contain glue, formaldehyde, nonorganic or non biodegradable materials. 5-29 Ordinance No. Page 28 UUU. "Vector" means any nuisance such as odor, unsightliness, sound, or a carrier, usually insects or rodents, that is capable of transmitting a disease. WV. "Yard waste" means the leaves, grass, weeds, and wood materials from trees and shrubs from the single-family and multifamily residential sources of the city's green waste (to include landscape haulings from residential sources). Acceptable materials for collection include all yard waste as herein defined, exoluding palm frondsexcludino, treated or processed wood or lumber, bulky waste or any other materials as shall be determined by the city as to not be salvageable. All acceptable yard waste shall be void of nails, wire, rocks, dirt or any other material that is not considered yard waste. (Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992). 8.25.030 Mandatory fees for recycling. A. The city council finds and determines that the regular collection of recyclables by the contract or franchise agent(s) of the city from all places in the city is a service to the premises from which it is collected. All owners or occupants of premises generating recyclables shall pay the monthly collection fee charged by the city's contract or franchise agent, not to exceed the city- approved maximum rates. A schedule of maximum rates shall be kept on file with the city clerk and is available for public review. Maximum rates may be subject to increase pursuant to the terms of the city's contract or franchise with the contract or franchise agent(s). Subject to the terms of the then-in-effect contract or franchise, the council may from time to time establish such rates by resolution, including the establishment of rates for different classifications of quantity generators (Small Quantity Generators. Laroe Quanity Generators. residential, commercial, or industrial, or subclassifications thereof) or types of materials generated, including preferential or diEcounted rateE for eenior citizene or low income familiee or other classifications whichor other clm;eificationc wR-iGf¡ are deemed to be in the public interest. B. Pursuant to California Public Resources Code Sections 41900, et seq., the city may, by resolution of the city council, impose fees on city generators to pay the actual costs incurred by the city in preparing, adopting or implementing an integrated waste management plan in accordance with state mandates. C. The contract or franchise agent shall provide billing service and be totally responsible for the collection of such fees, at the same time and in the same manner as the collection of charges for refuse collection pursuant to CVf\i1C 8.24.180. No person shall 5-30 Ordinance No. Page 29 willfully fail, neglect or refuse, after demand by the contract or franchise agent(s), to pay the fees provided for herein. (Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992). 8;25.Q35 Redused residential surbside resysling sollestien rates. The city council considerÐ that reaycling is a community responsibiiity critical to effective wClÐte management and Qverall environmental eeneitivity, and that a reciElential Gurbeide recycling program meetc the establiehed aity pelicy of Elesigning recycling pregr3ms with 3ttention to pUBlic con'/enience, The city council also finde and declaree that eenior citizens anEl low inoome heuseholds may be financially burdened householEle whioh have difficulties securing the basic neceeeities of lifo. Therefore, it ie the intent that a method be provided 'Nhieh woulEl result in a reEluced collection charge for such citizene, thereby aseieting the housoholEl ::md providing a participation incentive. This reduceEl rate shall apply to a senior citizen (62 yoars anEl over) or a low income household which meets the tot31 annuClI gross income criteria used by the city for determining reduced sewer service charges. Senior citizens 'Nho apply for reduceEl reeidential refuse collection Gharges 3nd self regulate their own trash collection costs through the oity's r:>ingle bag or eent3iner I3rogmm. Occupante of I3remises subject to a curbside recyeling char-§e may rOEluest a reduotion due to low income BY filing a oompleted city application form at Clny time. Upon certification of eligibility by the director of finance, the sanitary service '....ill be notified to reduce the recycling charge in time for the nGJå regularly echeduled Billing eycle, (Ord, 2710 § 3, 1999; Or¡j, 2192 § 1, 1992; Ord, 2121J § 1, 1990). 8.25.040 Separation of recyclable materials, storage, and containers. A. The owner, operator, and/or occupant of any premises, business establishment, industry, or other property, vacant or occupied, shall be rebuttably presumed to be the generators of, and be responsible for the safe and sanitary storage of, all solid waste, designated recyclables, and compost accumulated on the property. The designated recyclables and compost shall be stored separately from refuse. The property owner, operator, or occupant shall store such solid waste, designated recyclables, and compost on the premises or property in such a manner so as not to constitute a fire, health, or safety hazard, and shall require it to be handled in such a 5-31 Ordinance No. Page 30 manner so as not to promote the propagation, harborage, or attraction of vectors, or the creation of litter or other nuisances. B. A container or containers for designated recyclables shall be provided by the contract or franchise agent(s) for any premises generating residential or commercial recyclables, for· the exterior collection of designated recyclables. Containers for industrial recyclables shall be provided by the generator of the designated recyclables, unless otherwise arranged through the city manager. The containers shall effectively segregate the designated recyclables from refuse. C. All such containers to be used in the city's recycling programs shall be approved by the city manager, in conjunction with the contract or franchise agent(s) (or, in the case of industrial recyclables, the generators of the industrial recyclables). D. Designated recyclables shall be sorted according to type and/or as established by program guidelines and placed in separate containers, containers with segregated compartments, or commingled (in one recycling container), as agreed upon by the city manager and the contract or franchise agent(s). Containers, if more than one, shall be grouped together and placed for collection at the same time as when regular refuse collection occurs or at designated recycling collection times (if different from refuse collection) and at designated recycling collection locations. E. All containers used for recycling purposes, storage or collection, including commercial and industrial recycling containers used in city recycling programs as well as all other containers used for recycling purposes whether owned or operated by a commercial entity, nonprofit organization, or any other persons or entity, shall be identified with the name and current telephone number of the owner or the responsible agency or person. Commercial recycling containers shall remain locked at all times in order to discourage scavenging and prevent dumping of refuse in the container, unless exempted by the city manager in conjunction with the contract or franchise agent(s), F. Containers which do not comply with the requirements of this section shall be presumed to be refuse and taken by the contract or franchise agent(s) for disposal or potential use as salvaging or recycling containers. G, It shall be unlawful for any person to dispose, dump, or otherwise place material other than designated recyclables in a designated recycling container or at a designated recycling collection or storage location. H. Exemption. Designated recyclables which are source sorted by their generator for the purpose of recycling by selling them to a 5-32 Ordinance No. Page 31 buy-back center or donating them to a city-licensed nonprofit or community group conducting recycling programs for the purpose of raising funds do not have to be placed in the designated recycling container required by this section, nor placed in a designated recycling collection location in accordance with this section. When designated recyclables are received by a city-licensed nonprofit or community group conducting recycling programs for the purpose of raising funds they shall be stored and sorted in accordance with this section and transported to a buy-back center for the purpose of recycling. (Ord. 2740 § 3,1998; Ord. 2492 § 1,1992). 8.25.050 Mandatory recycling. It shall be mandatory for all generators of residential, commercial, and industrial recyclables in the city to separate from refuse, for recycling purposes, all designated recyclables and otherwise participate in recycling as described by this chapter. (Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992). 8.25.060 Recycling programs. A. The city manager shall establish and promulgate reasonable regulations, guidelines and other program-related specifics as to the implementation of recycling programs for residential, commercial, and industrial recycling, including the method for collection of designated recyclables. B. Commercial and industrial establishments shall develop their respective "in-house" recycling plans that provide for the collection of designated recyclables in conjunction with the city's established recycling programs. The city and the contract or franchise agent(s) shall assist in program development, provide technical expertise, and training materials. C. Collection of recyclables from single-family residential units shall minimally occur once weekly. For commercial and industrial entities, collection shall be provided as needed to meet demand. D. The city encourages use of buy-back centers, donation centers (for used furniture and other reusable bulky items, and nonprofit agents), scrap dealers, home and commercial composting, source reduction, and other creative, lawful and environmentally sound efforts to reduce waste in accordance with this chapter that do not conflict with any established or planned city- sponsored recycling, composting or source reduction programs. (Ord. 2740 § 3,1998; Ord. 2492 § 1, 1992). 5-33 Ordinance No. Page 32 8.25.070 Reports. All commercial and industrial estabiishments shall submit recycling tonnage documentation on an annual basis to the city's conservation coordinator, due on or before January 31st, for the previous year. Annual reporting shall be on the form promulgated by the city manager, and commence on the first anniversary of the date set forth in the mandatory recycling implementation schedule as established in this chapter as July 1, 1993. Voluntary reporting prior to the required mandatory recycling is encouraged. (Ord. 2740 . § 3, 1998; Ord. 2492 § 1, 1992). . 8.25.080 Scavenging. A It shall be unlawful for any person other than authorized city personnel or contract or franchise agent(s) to remove any separated designated recyclable(s) or salvageable commodity from any designated recycling collection or storage location, or designated recycling container. However, the original generator of the designated recyclables may, for any reason, remove the designated recyclables placed by said generator from the designated recycling container or designated recycling collection or storage location in which said generator had originally placed them. B. It shall be unlawful for any person to disturb, modify, harm, or otherwise tamper with any container or designated recycling collection or storage location containing designated recyclables, or the contents thereof, or to remove any such container from the location where the same was placed by the generator thereof, or to remove the contents of any such container, unless authorized by the generator of such designated recyclables or a duly authorized city personnel or contract or franchise agent(s). (Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992). 8.25.090 Composting. A Every establisher of a composting pile, bin, holding area or other such composting system shall first obtain a permit from the city, if the total volume used within the boundaries of the premises for composting is 15 cubic yards or greater. B. Every composting pile, bin, holding area or other such composting system shall be maintained so as to not create a public or private nuisance through visual, odor, safety and/or other means, or as prescribed in Chapter 19,66 CVMC. Without constituting a limitation on the foregoing, no such composting pile, bin, holding 5-34 Ordinance No. Page 33 area or other such composting system shall be maintained within six feet from an exterior window, exterior door or other exterior entrance to an inhabited residential structure other than one owned by the owner of such composting system. C. The owner, operator, or occupier of property containing a composting pile, bin, holding area or other such composting system that is greater than five feet high, five feet wide and five feet in length shall weekly monitor temperature, through utilization of a thermometer designed for such purposes. D. No single compost pile, bin, holding area or other such composting system on a residential single-family (as defined in Ordinance No. 2443) premises shall be more than five feet in height and/or greater than six feet in width or length. (Ord. 2740 § 3,1998; Ord. 2589 § 1, 1994; Ord. 2492 § 1, 1992). 8.25.100 Enforcement. A. The city manager or designee is responsible for enforcing the provisions of this chapter. B. Types of materials included in designated recyclables may be administratively deleted by the city manager under emergency conditions (to include market failures), subject to formal ordinance amendment approved by the city council, if such conditions persist. C. Nothing in this chapter or its implementing regulations shall prevent the city or its contract or franchise agent(s) from efforts to obtain voluntary compliance by way of warning, notice of violation, educational or other means. (Ord. 2740 § 3, 1998; Ord, 2492 § 1, 1992). 8.25.110 Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are hereby declared to be severable, (Ord. 2740 § 3,1998; Ord. 2492 § 1,1992). 5-35 Ordinance No. Page 34 SECTION II: Effective Date. This ordinance shall take effect and be in full force thirty (30) days after its adoption. Submitted by: Michael Meacham Director of Conservation & Environmental Services J:Attomey\Ordinance\Amendment to CYMC 8.24 & 8.25 Approved as to form by: 5-36 p. COUNCIL AGENDA STATEMENT Item ~ Meeting Date 1/25/05 ITEM TITLE: Resolution Plan. adopting the City ofChula Vista 200~ Bikeway Master Resolution approving the filing of an application for grant funds ftom the Bicycle Transportation Account (BTA) Program for FY05/06 bicycle facility; and certifying the commitment of matching funds. SUBMITTED BY: Director of General Services/City Engineer * REVIEWED BY: City Manage¥ n/ (4/5ths Vote: Yes_No.lO k'" Ç>~ BACKGROUND: With a steady growth in bicycle usage and the demand for new bikeways and routes since 1996, the Bikeway Master Plan has been updated in order to locate, develop and encourage the use ofthe City's bikeway system. The 2005 Bikeway Master Plan will also be used to pursue statewide funding for new bicycle facilities. RECOMMENDATION: That Council adopt a resolution adopting the City ofChula Vista 2005 Bikeway Master Plan; and adopt a resolution approving the filing of a grant application for FY05/06 bicycle facility project contained in the 2005 Bikeway Master Plan. BOARDS/COMMISSIONS: N/A DISCUSSION: Bicycle use for both recreation and commuting purposes has increased significantly in Chu1a Vista and surrounding regions in recent years. There has been steady growth in bicycle use for reasons such as physical fitness, recreation, concern for rising fuel costs and the environment. These interests have resulted in increased public demand for bikeways and routes where bicycles can be ridden with ease and relative safety. First adopted in 1975, the "Original Bike Route Element of the General Plan" provided for the safe, convenient use of bicycles throughout the community for both recreational use and as a good alternative to the automobile as a form of local transportation, The original master plan has been updated several times, most recently in 1996, when the City decided to expand the master plan to encompass the entire planning sphere of influence of the City of Chula Vista and its surrounding areas. A 1996 objective was to identify the types of bikeway facilities that should be implemented within the City. A second project objective integrated Chu1a Vista's bikeways into the existing San Diego area regional bikeway system. As a result, several bicycle facilities have been established in Chu1a Vista since 1975. However, the rapid growth ofChula Vista and its surrounding areas has necessitated an update of the master plan to better serve future needs. 6-1 Page 2, Item Meeting Date 1/25/05 The 2005 Bikeway Master Plan's objectives and policies include: Objectives 1. To provide a bicyclist the opportunity to ride to any chosen destination, thereby making the bicycle a viable transportation alternative. 2, To provide a system of bicycle routes with maximum possible safety, 3. To provide facilities and services necessary for the bikeway system, 4. To foster the development of an interconnecting bikeway system throughout the region. Policies 1. Connect scenic roadways and other general public areas by bikeways. 2. Encourage the provision of parking areas for bicycles, 3. Separate bicycles and automobiles whenever physically possible. 4. Locate bikeways to blend with the community. 5. Design bicycle facilities as an integrated part of all planned developments, circulation plan, or street improvement. 6, Encourage bicycling as a means to reduce air pollution and traffic congestion. 7. Encourage public transportation systems to allow carrying bicycles onboard. 8. Utilize public property, such as flood control channels, parks, and open spaces wherever possible for construction of bicycle paths. The master plan update represents an important step in the City's continuing commitment to provide a comprehensive bikeway system for its citizens, The plan determines both local and long-distance travel needs and identifies proposed facilities in the southeasterly area ofthe City, It includes design guidelines for the citywide system, proposed improvements and their associated costs, and a map of existing and future bicycle facility classifications. The 2005 Bikeway Master Plan covers the following three types of bicycle facilities: 1, Class 1 (Bike Paths) separated from the roadway 2. Class 2 (Bike Lanes) generally along the curb line of a roadway 3. Class 3 (Bike Routes) signs posted along a roadway directing bicyclists to other facilities Bicycle Transportation Account (BTA) Funding and Proposed Project If adopted by Council, the 2005 Bikeway Master Plan will be reviewed by SANDAG for compliance with regional bikeway planning goals. Once approved by SANDAG, State funding will become available, on a competitive basis, for some of the BTA-eligible projects contained in the master plan. Bicycle Transportation Account (BT A) Program funds are federal funds adrninistered locally by Ca1trans. Staff recommends pursuing grant funding for FY2005/06 for the East H Street Gap Connector Project This project will complete the bikeway system along East H Street by adding a two-way Class 1 ("off road") bike path along the south side of East H Street between Buena Vista Way and Otay Lakes Road, and adding Class 2 bike lanes along both sides ofthe roadway west of Buena Vista 6-2 Page 3, Item Meeting Date 1/25/05 Way. The project will also involve over 3,000 square feet of retaining wall, curbs and gutter, drainage, irrigation and re-1andscaping, and compliance with NPDES requirements. The total estimated cost of the proj ect is $1,040,899, of which staff recommends applying for a BT A grant in the amount of$500,000. The project will be included in the FY 2005/07 Capital Improvement Program (CIP), and project design is expected to begin in FY2005/06. Other projects contained in the 2005 Bikeway Master Plan are projected for completion in FY2007 through FY201 O. Matching Funds: The BTA Program requires the commitment ofa minimum 10% City match of total project costs, although a higher match is viewed more favorably in the competitive grant process. This is particularly true for larger bikeway projects such as the East H Street Gap Connector Project. Therefore, staffrecommends augmenting the grant with matching funds in the amount of $540,899 fi:om available inftastructure fund revenue such as TransNet and Transportation Development Act (TDA) funds. The match would reflect 50% of the estimated total project cost ENVIRONMENTAL DETERMINATION - CHULA VISTA 2005 BIKEWAY MASTER PLAN: The City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a statutory exemption fi:om environmental review in accordance with Public Resources Code Sections 21102 and 21150. Thus, no further environmental review is necessary for this planning document. The 2005 Bikeway Master Plan was completed by consultant, KTU+A, at a cost of $50,000 and reviewed by Engineering, Planning, and Landscape Architects staff. Due to the size ofthe complete document, an executive summary and map are attached to this report for reference. The complete document is available for review on the City's shared computer directory at H:\Engineer\Bikewav Master Plan\PDF Files. A paper copy has also been filed with the City Clerk. Following Council approval, the master plan will be available on the City's website for both City staff and public review, FISCAL IMPACT: The total costs to build the remaining segments of the bikeway system are identified in the Chula Vista 2005 Bikeway Master Plan, If the resolutions are approved, the City will apply for Bicycle Transportation Account (BTA) funding in the amount of $500,000, and commit matching funds of$540,899 fi:om other inftastructure funding sources such as TransNet and Transportation Development Act (IDA) to meet the total project cost of$1,040,899, Staff will be returning to Council with a specific recommendation for appropriation of the match. As development continues in future years, developers will be required to construct certain segments contained in the 2005 Bikeway Master Plan. Other future projects will be funded fi:om a combination of transportation fee programs and grant funding. Attachments: Executive Summary of the 2005 Bikeway Master Plan 2005 Bikeway Master Plan Map Cost Estimate - East H Street Gap Connector Proj ect File No. 0735-10-STL271 J:\EngineerIAGENDAICAS20051A113 - East H Street Project¡Q.."!r2, 1-25-05,DOC 1 Project Scope This study is an update of the City of Chula Vista's 1996 Bikeway Master Plan. According to the project request for proposal (RFP), the project scope is to provide a "new Bikeway Master Plan that wiil identify existing facilities and bicycle deficiencies throughout the City, along with cost estimates to make improve- ments. The objective of the new Bikeway Master Plan is to review and make recom- mendations as to how the current bikeway network within the City planning area can be updated to best suit the needs of the City now and in the future." The project scope therefore included docu- menting and evaluating Chula Vista's existing bikeway facility system and its relationship with other systems such as mass transit, and recommending improvements wherever ap- propriate in conjunction with the City's 2005 General Plan Update, 2 Project Study Area The project study area was the City of Chula Vista and its planning sphere of influence of the surrounding communities and unincorpo- rated County areas, Adjoining area's bicycle systems were evaluated for opportunities as connections with Chula Vista's and to extend the regional network via Chula Vista's bikeway system, (See Figure 1-1: Project Location.) City Council Resolution 2005-xxxx 3 Project Approach and Goals The overall approach for this master plan is summarized in the following paragraphs. The approaches listed below also constitute the planning goals for this study. · The bicycle master plan should be integrated into all transportation plans, especially if the proposed bicycle facilities will use general purpose roads shared with other forms of transportation. The planning efforts should include the integration of various modes of transportation including transfers between modes at transit centers and park and ride facilities, · The aim of planning for bicycles should not be focused on any particular facility type so much as it should be focused on the safe and efficient travel of cyclists. This will generally require both the use of the existing transpor- tation infrastructure and the construction of special facilities for cyclists. · The maintenance of bicycle facilities and the monitoring and assessment of their per- formance are critical for ensuring safe and efficient travel for cyclists. Planning for cyclists is an ongoing process. · The coexistence of cyclists and drivers on roads requires that both are sensitive to and recognize a common set of rules, Training, education and enforcement are as important as physical planning and design, Page E-1 6-4 Executive Summary . It is imperative that a "bicycle perspective" guides any pianning for cyclists, The bicycle has its own characteristics, constraints and opportunities that the planner must consider, This must be combined with the recognition that cyclists do not form a homogeneous group in terms of age, ability, experience or traffic judgment . An integration of land use planning and transportation planning is needed in order to support future projects that are not intensively dependent on the automobile, This study needs to take into account future land use and population projections and provide bicycle facilities to help decrease auto dependence, 4 Methodology The project methodology included a review of applicable documents, field work, a maii-in survey questionnaire and geographic informa- tion systems (GIS) analysis of the field work data, Chula Vista's existing bikeway system was analyzed for a number of factors using both traditional field survey and GIS tech- niques. Literature Review Applicable sections of documents related to Chula Vista's bikeway system are excerpted in Chapter 2, These include the current City of Chula Vista's General Plan and 1996 Bikeway Master Plan, as weli as neighbor- ing community, regional and state plans and guidelines. Survey Questionnaire The questionnaire was developed to reveal as much as possible about current user numbers, user types, preferred facility types and times of use, The questionnaire was distributed to San Diego County Bike Coalition members Page E-2 via their regular monthiy mailing. Copies were also placed at several area bicycle shops and City facilities such as libraries and community centers, (See Section 7,5: Questionnaire Re- sponse and Analysis.) Geographic Information Systems A Geographic Information System (GIS) is an organized coliection of computer hardware, software, geographic data and personnel designed to efficiently capture, store, update, manipulate, analyze and display all forms of geographically referenced information, A GIS does not store a map in the conventional sense, nor does it store a particular image or view of a geographic area, Instead, a GIS stores the data from which a user can draw a desired view to suit a particular purpose. Several data sources were used to contribute to the GIS data base for this project Much of the land use data used in Chapters 4 and 5 to evaluate trip origins and destinations were acquired from SANDAG and roads data came from the City of Chula Vista, The majority of the maps in this report were generated from a single data base compiied specifically for this project from these sources, Field Work Consultant staff members drove all mapped bikeway facilities both to verify accuracy with respect to the regional GIS bikeway mapping data received from SANDAG and to see firsthand the fuli extent of the existing bikeway system. Consultant staff also rode many of these routes, especially those that did not appear to be consistent with the data or appeared to merit closer evaluation. This is a routine part of the consultant's process be- cause it is considered important to experience the existing and proposed bikeway system from the perspective of the cyclist City Council Resolution 2005-xxxx 6-5 5 Significant Findings and Recommendations This update reflects the previous bikeway master plan in reiterating several projects originally proposed, but not implemented. Like many updates, the majority of proposed facili- ties tend to fill gaps in the existing bikeway system. Since this was an update, the intent was to complete facilities so that cyclists can expect more consistent, and therefore safer conditions. ' Topography and Development Pattern The older, more level western area of Chula Vista (generally west of 1-805) is well served by numerous Class 3 routes, allowing cyclists to access most desired destinations via mul- tiple routes, The traditional grid pattern of relatively narrow streets effectively disperses traffic. Because these streets are relatively narrow based on current standards, Class 2 lanes are not recommended. This is due to the costly measures that would be needed to widen existing roadways to allow Class 2 lanes and the ensuing parking and access dis- ruptions for local residents and businesses, The prevalence of Class 3 routes still serves to satisfy cyclist demand in western Chula Vista and is in keeping with existing use levels and historic development pattern, If cycling demand increases in the future, the existing bikeway system configuration will need to be reevaluated. On the other hand, the major roadways within newer eastern area of Chula Vista (generally east of 1-805) reflect current street standards and, as part of City policy, routinely incorpo- rate Class 2 bike lanes, However, primarily due to this conventional development pattern, these bike lanes are commonly on roadways with much higher levels of motor vehicle City Council Resolution 200S-xxxx Chula Vista Bikeway Master Plan Update - 2005 traffic and higher posted speed limits than in the western part of Chula Vista, This means that though cyclists have wider, more visible facilities, they share the roadways with more and faster moving motor vehicles, This dilemma is common to recently devel- oped cities laid out in a conventional suburban pattern. Even though this appears to reflect suburban development as commonly em- ployed across the country, in eastern Chula Vista this pattern was not arbitrarily imposed on the land, but was driven by local topog- raphy, In eastern Chula Vista's case, major arterials follow the east-west ridgelines and the connecting side streets were laid out in relation to the local topography which limits the number of feasible arterial connections, Eastern Chula Vista also has much more significant grades, particularly in the north- south direction. This local topography re- quires cyclists to ride up and down fairly steep and often long grades. In many cases, these north-south grades are steep enough to dis- courage casual cyclists and less hilly alternate routes are generally not available. Education Even though the two distinctive major areas of Chula Vista have their disadvantages for cyclists, the tighter roadway widths in the west and the higher motor vehicle volumes and speeds in the east can be mitigated somewhat with education for all roadway users. This was commonly mentioned in user question- naires and has been seen in other bikeway master plan projects as well. Cyclists feel that motorists are generally not aware and do not respect cyclists' rights to use the roadways. Motorists counter thatthey frequently see cy- clists disobeying basic traffic rules, especially riding the wrong way and failing to stop at stop signs and traffic signals. Page E-3 6-6 Executive Summary Education can alleviate much of this misun- derstanding, especially if exposure occurs early in life. However, expanding an educa- tional program may be difficult to accomplish in the near future, considering the abysmally low percentage of chiidren who ride bicycles to and from school. A survey of local schools showed that an average of only 1,5% of stu- dents rode bikes to school. Some schools do not even allow bicycie use, Connectivity Issues Within Chula Vista, the interstate highways create some connectivity probiems for cy- clists, especially where they must cross at conventional interchanges without bikeway facilities. Few interchanges have Class 2 bike lanes and some are not even desig- nated as Class 3, The roadway within the freeway shadow is often a gap in otherwise consistent bikeway facilities, Without visible bicycle lane striping and signage, for instance, cyclists feel less secure making the passage under or over a freeway. Motorists lack the important visual cues that remind them to be aware of cyclists where they especially need reminding since this is where so many motor vehicle turning and lane changing movements routinely occur. Perhaps Portland, Oregon's "Blue Bike Lanes" may have a place at such interchanges because they have been shown to improve safety by enhancing motorist awareness through improved bikeway facility visibility (www.trans.cLportland.or.us). Integration with Greenbelt System Chula Vista is relatively physiographically isolated from adjoining communities due to its location between river valleys to the north and south and San Diego Bay to the west Completion of the Bayshore Bikeway and future connections to the Sweetwater River Bikeway will improve regional access, but integration of the bikeway system with the proposed greenbelt system deserves further study. Though it is intended primarily for Page E-4 recreational use and unlikely to be paved to the standards of a Class 1 bikeway facility, it will probably receive significant bicycle use, This is because the vast majority of bicycles in use today are "mountain bikes" designed for off-road use or are derivatives of the mountain bike that retain the elements that made them so popular. This new category of bikes has been coined "comfort bikes" and their percentage of bicycle sales continues to increase, even as overall bicycle sales lag from a turn-of-the-century peak. Not surprisingly, many of these comfort bike buyers are novices who will find riding on wide, relatively fiat trails through open space without the constant presence of motor vehi- cles very attractive. The ability to circumnavi- gate the entire City without having to ride on streets will draw cyclists of all skill levels and will encourage others to try cycling, In other words, build it and they will come, Even though the proposed greenbelt trail sys- tem will be designed as a recreational asset, it should be integrally linked with the bikeway system. Its extent and shallow grades are likely to make it a popular commuting route, Given the choice of making the daily commute on high volume, high speed arterials, some with significant grades, these relatively flat non-motorized trails through open space will be an attractive option for experienced com- muting cyclists as well. The Future of Cycling Societal attitudes seem to be at least partly to blame for the trend toward children's inability to get proper amounts of exercise, The num- ber of children riding bikes to school averages just 1,5%, The Chula Vista Police Department has held bicycle rodeos in the past as a way to educate children about safe and effective cycling, but the program requires grant fund- ing to be resurrected, School administrators say this trend to reduced physical activity is City Council Resolution 2005-xxxx 6-7 Chula Vista Bikeway Master Plan Update - 2005 driven primarily by parents' fear of letting their children out of their sight, even briefly, and the widely held belief that cycling is inherently dangerous, Even after getting home from school, many children play indoors at activi- ties that do not benefit bodily health, The Safe Routes to School Program may offer some answers to encourage more chil- dren to ride and more parents to let them (wwwAsaferoutes,org), The goal of the pro- gram is to build a physical environment and encourage a social climate that supports California children's ability to walk or bicycle safely to school. This is likely to reduce child- hood injury, obesity, respiratory illness and the City Council Resolution 2005-xxxx risk of iater cardiovascular disease, Getting around under one's own power is also a way for children to better connect with their com- munities and their natural environment. School administrators will benefit from fewer vehicles congesting school pick-up and drop- off points. Encouraging a reduced depen- dence on motor vehicles early in life should help young people to regain the level of activ- ity that was once common, that today's adults grew up with and is still considered essential for health. Creating an environment where riding a bike is once again considered normal and safe can only help, cI Pa~e E-5 6-8 Existing and Proposed Bikeway Facilities Chula Vista Bikeway Master Plan Update· 2005 Figure 9·1 - ~õ! ~ð5 ;'ð~ ~~ß õ~~ >~~ - . 5. 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[ß [ß ~ ü ü [5 C> C> C> ,ã,ã ,ã · . . ·R .~ .S:¡: w w w ~ ¡ ~ N · . · . · . õ [5 " " m . · . o 0 g- g- ò: ò: -- 6-9 ~I~ tIJj alYQF CHULA VISTA East H Street Bikeway Gap Connector Project City of ChlAla Vista 2005 Bikeway Master' Plan Pavement 12' PCC Bike Path / Sidewalk sf $5 29,040 1 $ 145,200 4' PCC Sidewalk on Drivewa sf $6 1,600 $ Sidewalk west of Buena Vista sf $6 5,200 1 $ 31,200 Retainin Wall sf $60 3,880 0,5 $ 116,400 Signing and Striping For west of Buena Vista $ - stri in If $3.50 1,300 1 $ 4,550 - bike lane si ns ea $200 2 1 $ 400 Curb/Gutter 1f $25 1,500 1 $ 37,500 Ped, Ram G-29) ea $1,500 1 1 $ 1,500 Si nal Modification Is $20,000 2 1 $ 40,000 Inlet Relocation ea $6,000 1 1 $ 6,000 18" RCP Storm Drain Pi e If $90 10 1 $ 900 NPDES filter ea $10,000 1 1 $ 10,000 Traffic Control is $25,000 1 0.4 $ 10,000 Clearin and sf $5 37,900 0.5 $ 94,750 Tree Removal ea $1,500 10 1 $ 15,000 Landsca in /irri ation $5 37,900 0.5 $ 94,750 Demolition $50,000 1 0.5 $ 25,000 Ex ort $15 1,800 0 $ 6-10 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA 2005 BIKEWAY MASTER PLAN WHEREAS, with a steady growth in bicycle usage and the demand for new bikeways and routes since 1996, the Bikeway Master Plan has been updated in order to locate, develop and encourage the use of the City's bikeway system; and WHEREAS, the objective of the new Bicycle Master Plan study is to review and make recommendations as to how the current bikeway network within the City planning area can be updated to best suit the needs of the City in the future; and WHEREAS, the 2005 Bikeway Master Plan will also be used to pursue statewide funding for new bicycle facilities; and WHEREAS, the bikeway system is intended to serve regional long distance travel needs in addition to providing for local travel; and WHEREAS, the plan includes design guidelines for the citywide system, proposed improvements and their associated costs, and a map of existing and future bicycle facility classifications. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a Vista does hereby adopt the City of Chula Vista 2005 Bikeway Master Plan. Presented by Approved as to form by Jack Griffm Director of General Services J:\Attomey\RESO\Bikeway Master Plan Update Z005.doc 6-11 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF AN APPLICATION FOR GRANT FUNDS FROM THE BICYCLE TRANSPORTATION ACCOUNT (BTA) PROGRAM FOR A FYOS/06 BICYCLE FACILITY; AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS WHEREAS, the adopted 2005 Bikeway Master Plan will be reviewed by SANDAG for compliance with regional bikeway planning goals; and WHEREAS, once approved by SANDAG, State funding will become available, on a competitive basis, for some of the BT A-eligible projects contained in the master plan; and WHEREAS, Bicycle Transportation Act (BTA) Program funds are federal funds administered locally by Caltrans; and WHEREAS, staff recommends submitting a grant application for the "East H Street Gap Closure"; and WHEREAS, the BTA Program requires a minimum 10% City match of the total project costs; and WHEREAS, in approximately June 2005, the City Council will consider approval of a Capital Improvement Program (ClP) to augment the BTA funding with other inftastructure funding revenue such as Gas Tax, TransNet, and Transportation Department Act (TDA) funds, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a Vista approves the filing of an application for grant funds from the Bicycle Transportation Account (BT A) Program for a FY05/06 bicycle facility; and certifies the commitment of matching funds subject to the approval of the proposed ClP. Presented by Approved as to form by cJ hV? r /lúL- Moore City Attorney Jack Griffin Director of General Services J:\attorney\reso\grants\BTA program 6-12 COUNCIL AGENDA STATEMENT Item T Meeting Date 1/25/05 ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving the First Amended Pedestrian Bridge Development Impact Fee Agreement between Otay Project, L.P, and the City of Chula Vista and authorizing Otay Proj ect, L.P. to construct the eligible pedestrian bridges between Otay Ranch Villages I and 2 and between Villages 5 and 6 SUBMITTED BY: Director of General Services/City Engineer '* REVIEWED BY: CityManagett()~ (4/5thsVote: Yes_No-ÅJ Otay Project, LP, the developer of Village 6 and Village 2 in the Otay Ranch, has requested authorization to construct the West Olympic Parkway Pedestrian Over Crossing (POC) between Village 1 and the Otay Ranch High School in Village 2 and the East POC between Villages 5 and 6, In return for building the two bridges Otay Project will receive cash reimbursement and/or credit under the current Pedestrian Bridge Development Impact Fee (Ped Bridge DIP) Ordinance No. 2892. Tonight's action authorizes the developer to construct both pedestrian bridges and be eligible to receive cash reimbursement and credit against the payment of the Ped Bridge DIF, RECOMMENDATION: That the Council adopt: The resolution of the City Council of the City of Chula Vista authorizing Otay Project, LP to construct the East and West Olympic Parkway Pedestrian Over Crossings and to receive Pedestrian Bridge Development Impact Fee credit and reimbursement for the cost of such construction and authorizing the City Engineer to sign the First Amended DIF Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Back!!l'ound: On June 10, 2003 City Council approved Resolution 2003-255 that authorized: 1) Otay Project to construct the East Olympic Parkway POC; and 2) the Director of Engineering to enter into a DIF Agreement that allowed Otay Project to receive Ped. Bridge DIF credit for building permits in Village 6 in return for building the bridge. The approved Agreement did not provide for Otay Project to receive cash reimbursement ftom the Pedestrian Bridge D1F Fund ("Fund"), or ftom a CFD project account. Otay Project has now requested authorization to construct the West Olympic Parkway POC between Village 1 and Otay Ranch High School in Village 2. Otay Project has agreed to construct the West p~c, which is not currently required as condition of approval of a development project, in return for either or both direct reimbursement for the construction of both the East and West POCs and credit again¿t the DIF obligation in Village 6 and, in the future, Village 2, The construction of the West POC will provide a safe access over Olympic 7-1 Page 2, Item L Meeting Date 1/25/05 Parkway to Otay Ranch High School benefiting students living in Village 1. By allowing Otay Project to proceed with the construction of both bridges concurrently, the opening of the West POC will occur at least one year earlier than if it were built according to a typical schedule, that is, after approval of the Village 2 tentative map and in conjunction with the first street improvements within that Village. The Ped Bridge DIF Ordinance No. 2892 provides that the City may, at its option, offer to reimburse in cash ftom the Fund, or over time in future credits, a developer who voluntarily constructs pedestrian bridge facilities the costs of which exceed the amount of the developer's current obligation to pay the Ped Bridge DIF. The amount of the reimbursement shall equal the difference between the DIF and the costs incurred by the developer for the design and construction of the pedestrian bridge facilities. The final design and construction costs of both the East and the West POCs will exceed Otay Project's current DIF obligation in Village 6 by approximately $2.8 million as sununarized below: Bridge Construction Cost West POC East POC Total Cost Otay Project's Village 6 DIF Obligation: Remainder to be financed by other CFD's and out ofPed Bridge Fund $2,200,000 $1.460.000 $3,660,000 $862.000 $2,798,000 Funds available in CFD's 2001-02 and 99-1 that were set aside for Ped Bridges: Current Ped Bridge DIF Fund balance (approx.) $1,288,000 $1. 700.000 $2,988,000 The proposed Amended Agreement will allow the City to directly reimburse Otay Project for all approved bridge design and construction expenditures using funds in the Otay Ranch Village 6 (CFD-08I), McMillin's Village 6 (CFD 2001-02), and Village 1 (CFD 99-1) as well as the Ped Bridge DIF Fund, subject to the availability of funds in these accounts. DIF Credit Procedure The procedure to qualify for reimbursement and/or credit is set forth in the Ordinance and the proposed Amended Agreement. Obligation to Update the Pedestrian Bridge DIF Program with approval Village 2 Construction of the West POC is anticipated to be a condition of approval of the Village 2 tentative map(s). In addition, staff will propose that the conditions for Village 2 include the requirement that the Ped Bridge DIF be updated to include Village 2 within the DIF Area of Benefit and that a funding mechanism be established to guarantee construction of two half bridges (the West POC andthe La Media South POC)o IfOtay Project constructs the West POC before the approval of Village 2, a requirement for Village 2 to construct the West P~C is technically satisfied. However, the Ped Bridge DIF will still need the full contribution fÌom Village 2 in order to complete the funding for all the facilities planned in the Otay Ranch, including the West POCo Therefore, the Amended Agreement contains a provision that Otay Project, as owner of Village 2, acknowledges and agrees that Village 2 shall fully participate in the Ped Bridge DIF Program. 7-2 Page 3, Item 2- Meeting Date 1/25/05 FISCAL IMPACT: The design and construction estimate of the two pedestrian facilities is $3,660,000. Approximately $1.7 million is available to reimburse to developer ftom the Pedestrian Bridge DIF Fund. Approximately $2.15 million is available in existing CFD 2001-2, 08-1, and 99-1 project accounts to pay the balance. All design, plan check, inspection and other staff costs are paid ftom the developer-funded mF program; there is no impact to the City's General Fund. Attachment A: Original Pedestrian Bridge Agreement Exhibit 1: First Amended Pedestrian Bridge DlF Agreement J:\Enginec:r\LANDDEV\Projects\Pcd Bridge\West POC\CAS Authorization WEST POC.doc 1/191200511:11 AM 7-3 ATIACHMENT _ A OT A Y RANCH PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND OTA Y PROJECT, LP, This agreement is made this _day of _, 2003 by and between Otay Project L.P, ("Developer") and the City of Chula Vista, a California Municipal Corporation ("City") with reference to the facts set forth below, which recitals constitute a part of the Agreement. Recitals A. WHEREAS, On December 17,2002, City Council adopted the Pedestrian Bridge Development Impact Fee, Ordinance No. 2892, to pay for Pedestrian Bridge Improvements as a condition of issuance of Building Permits in Otay Ranch. B. WHEREAS, Developer has requested authorization ftom the City through a written resolution approved by the City Council to construct certain Pedestrian Bridge Facilities between Village 5 and 6 (Facilities) which are described in the request attached hereto as Exhibit A; and C. WHEREAS, on June 3,2003 the City Council approved Developer's request for authorization pursuant to Resolution No. ; and D, WHEREAS, Ordinance No. 2892 provides that the City Council may impose other conditions on the authorization among those conditions provided for in the Ordinance. E. WHEREAS, Ordinance No. 2892 requires a written agreement setting forth the conditions on such authorization. NOW, THEREFORE, BE IT RESOLVED that the Parties agree as follows: 1. Developer shall prepare all plans and specifications and submit same to the City for approval. 2, Developer shall secure and dedicate any right-of-way required for the improvement work. 3, Developer shall secure all required permits and environmental clearances necessary for construction of the improvements. 4, Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City. - 1 - 7-4 5. Developer shall pay all City fees and costs. 6. Developer further understands and agrees that City, (as "indemnitee") or any officer or employee thereof, shall not be liable for any bodily injury, death, or property damage, including thereto hazardous materials and property takings claims occasioned by reason of the acts or omissions of Developer, it's subcontractors or suppliers, its agents or employees, or Indemnitee (which are not the result of Indemnitee's sole negligence or willful misconduct), related to the construction of the Facilities. Developer further agrees to defend, indemnify, protect and hold the Indemnitee, its officers and employees, harmless ftom any and all claims, demands, causes of action, liability, costs and expense (including, without limitation, reasonable attorney's fees) or loss for bodily injury, death or property damages, including thereto hazardous materials and property takings claims because of or arising out of Developer's construction of the Facilities or the acts or ornissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee, related thereto; provided, however, that Developer shall have no obligation to indernoify, defend, protect or hold Indemnitee harmless ftom any such losses, claims, demands, causes of action, liability, damages, costs or expenses which arise out of the sole negligence or willful misconduct of the Indemnitee or any officer or employee thereof. Developer further agrees to defend, indemnify, protect and hold the Indemnitee harmless ftom any such losses, claims, demands, damages, causes of action, liability, costs and expenses to the extent that they have arisen due to the sole negligence or willful misconduct of Indemnitee. Such indemnification and agreement to hold harmless shall extend to damages to adj acent or downstream properties or the taking of property ftom owners of such adjacent or downstream properties as a result of construction of the Facilities as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of construction of the Facilities. The approval of plans for the Facilities shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for said work and related improvements. The provisions of this paragraph shall become effective upon the execution of this Agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the Facilities. 7. Developer shall advance all necessary funds for the Facilities, including design and construction. The City will not be responsible for any of the costs of construcJing the Facilities. T-7¡¡- 8. Developer shall secure at least three (3) qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaçtion of the Director of Engineering. 9, Developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the improvements. The estimate is preliminary and subject to fmal determination by the Director of Engineering upon completion of Facilities, 10. Upon complying with conditions set forth in E.l through E.5 above, the developer shall be entitled to an immediate credit for 50 percent of the estimated cost of the construction attributable to the Facilities, Said immediate credit may be applied to the developer's obligation to pay Otay Ranch Pedestrian Bridge Development Impact Fees for building permits issued after the establishment of the credit. The developer shall specify those building permits to which the credit is to be applied at the time the developer submits the building permit applications 1 L After the developer has received valid bids for the proj ect which comply with E,8 above, entered into binding contracts for the construction of the proj ect, and met the conditions set forth in E. lO above, to the satisfaction of the city manager's designee, the amount of the immediate credit shall be increased to 75 percent of the bid amount attributable to the Facilities. The developer shall specify those building permits to which the credit is to be applied at the time the developer submits the building permit applications. 12. When all work has been completed to the satisfaction of the city, the developer shall submit verification of payments made for the construction of the Facilities to the city. The city manager's designee shall make the final determination on expenditures, which are eligible for credit. 13, After fmal determination of eligible expenditures has been made by the city manager's designee and the developer has complied with the conditions set forth in E.l through £.12 above, as determined by the city, the fmal amount of Otay Ranch Pedestrian Bridge Development Impact Fee credits shall be determined by the city manager's designee. The developer shall receive additional credit against the fee obligation in an amount equal to the difference between the fmal expenditure - 3 - 7-6 determination and the amount of the 75 percent immediate credit used, if any. 14. At the time building permits are issued for the developer's project, the city will incrementally apply credit, which the developer has accrued in lieu of collecting the required Otay Ranch Pedestrian Bridge Development Impact Fees. The amount of the credit to be applied to each building permit shall be based upon the fee schedule in effect at the time of the building permit issuance. The city manager's designee shall convert such credit to an EDU basis for residential development and/or a gross acre basis for commercial or industrial development for purposes of determining the amount of credit to be applied to each building permit, 15. If the total eligible construction cost for the Facilities is more than the total Otay Ranch Pedestrian Bridge Development Impact Fees which will be required for the developer's proj ect the developer may use the excess as credit against future Otay Ranch Pedestrian Bridge Development Impact Fee obligations. The city may, in its discretion, enter into an agreement with the developer to convert excess credit into EDU and/or gross acre credits for use against future development impact fee obligations at the fee rate in effect on the date of the agreement. 16. Whenever constructing a DIF-e1igib1e pedestrian bridge using assessment district or community facility district financing generates an Otay Ranch Pedestrian Bridge Development Impact Fee credit, the credit shall only be applied to the Otay Ranch Pedestrian Bridge Development Impact Fee obligations within that district. 17. Developer agrees to comply with requirements of Ordinance Nos. 2767 and 2892. Next page is signature page to Otay Ranch Pedestrian Bridge Development Impact Fee Agreement T -4-¡- SIGNATURE PAGE TO OT A Y RANCH PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE AGREEMENT CITY OF CHULA VISTA Otay Project L.P. a Califonña limited partnership By: Otay Ranch Development, LLC a Delaware r 'ted liability company Authorized cr Clifford 1. Swanson Director of Engineering By: , Dated~, 2003 Approved as to form by Ann Moore City Attorney J:\EnginecrILANDDEVIDlFsIPED BRIDGE FEESldevelopmcnt impact ree agreement 7:t RESOLUTION NO, 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE F~ST AMENDED PEDESTRIAN BRIDGE DEVELOPMENT IMP ACT FEE AGREEMENT BETWEEN OTAY PROJECT, L.P, AND THE CITY OF CHULA VISTA AND AUTHORIZING OTAY PROJECT LP, TO CONSTRUCT THE ELIGIBLE PEDESTRIAN BRIDGES BETWEEN OTAY RANCH VILLAGES 1 AND 2 AND BETWEEN VILLAGES 5 AND 6 WHEREAS, theOtay Ranch Pedestrian Bridge Development Impact Fee (DIP) program sets for a procedure whereby a developer may receive authorization, reimbursement and/or credit for construction of eligible pedestrian bridges; and WHEREAS, the developer Otay Project, L.P., has requested authorization to construct the pedestrian bridges between Village 5 and Village 6 and between Village 1 and Otay Ranch High School in Village 2; and WHEREAS, pursuant to Ordinance 2892 ("the Ordinance"), developer's request is subject to City Council review; and, WHEREAS, the developer is required to comply with the procedural requirements of the Ordinance in order to receive DIF credit. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a Vista does hereby approve the First Amended Pedestrian Bridge Development Impact Fee Agreement Between Otay Project L.P. and the City ofChu1a Vista. BE IT FURTHER RESOLVED that the City Council of the City of Chu1a Vista does hereby authorize the City Engineer to sign said Agreement. BE IT FURTHER RESOLVED that Otay Project, L.P, is authorized to construct the eligible pedestrian bridges and thereafter become eligible to receive reimbursement and lor Development Impact Fee credit for the cost of such construction pursuant to the terms of the Ordinance and Agreement. Presented by Approved as to form by Jack Griffin General Services Director 7-9 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: /) f /05 First Amended Pedestrian Bridge Development Impact Fee Agreement by and between City ofChula Vista Otay Project, L.P. 7-10 Recording Requested by and Please Return to: City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City Only. No Fee Required. ... This Space for Recorder's Use Only .... APN(s) 644-030-11 00 644-030-1800 C.V. File No.OR802C OT A Y RANCH F~ST AMENDED PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND OT A Y PROJECT, L.P. This agreement is made this _day of , 2005 by and between Otay Project LP. ("Developer") and the City of Chula Vista, a California Municipal Corporation ("City") with reference to the facts set forth below, which recitals constitute a part of the Agreement. Recitals A. WHEREAS, On December 17, 2002, City Council adopted the Pedestrian Bridge Development Impact Fee ("Impact Fee"), Ordinance No, 2892 ("Ordinance"), to pay for Pedestrian Bridge Improvements as a condition of issuance of Building Permits in Otay Ranch. B. WHEREAS, Developer requested authorization ftom the City through a written resolution approved by the City Council to construct certain Pedestrian Bridge Facilities between Villages 5 and 6, which are described in Exhibit A attached hereto and made a part hereof; and C, WHEREAS, on June 3, 2003 the City Council approved Developer's request for authorization pursuant to Resolution No. 2003-255; and D. WHEREAS, on June 10, 2003 Developer and the City entered into the Otay Ranch Pedestrian Bridge Development Impact Fee Agreement ("Original Agreement"); and E. WHEREAS, Developer has requested authorization ftom the City Council to construct a Pedestrian Bridge between Village 1 and the Otay Ranch High - 1 - 7-11 ...--- F. School in Village 2. Pedestrian bridges between Villages 5 and 6 and between Villages 1 and 2 are collectively referred to herein as "Facilities" which are described in the request attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, on January 11, 2005 the City Council approved Developer's request for authorization pursuant to Resolution No. 2005- ; and G. WHEREAS, Ordinance No. 2892 provides that the City Council may impose other conditions on the authorization among those conditions provided for in the Ordinance; and H. WHEREAS, Ordinance No. 2892 requires a written agreement setting forth the conditions on such authorization; and I. WHEREAS, City and Developer agree that the Original Agreement shall be amended to include reference to Pedestrian Bridge between Village 1 and Village 2 and to include cash reimbursement for said bridge. NOW, THEREFORE, BE IT RESOLVED that the Parties agree as follows: 1. Developer shall prepare all plans and specifications and submit same to the City for approval. 2. Developer shall secure and dedicate any right-of-way required for the Facilities. 3. Developer shall secure all required permits and environmental clearances necessary for construction of the Facilities. 4. Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City. 5. Developer shall pay all City fees and costs. 6. Developer further understands and agrees that City, (as "indemnitee") or any officer or employee thereof, shall not be liable for any bodily injury, death, or property damage, including thereto hazardous materials and property takings claims occasioned by reason of the acts or omissions of Developer, it's subcontractors or suppliers, its agents or employees, or Indemnitee (which are not the result of Indemnitee's sole negligence or willful misconduct), related to the construction of the Facilities. Developer further agrees to defend, indemnify, protect and hold the Indemnitee, its officers and employees, harmless ftom any and all claims, demands, causes of action, liability, costs and 7-12-2- expense (including, without limitation, reasonable attorney' s fees) or loss for bodily injury, death or property damages, including thereto hazardous materials and property takings claims because of or arising out of Developer's construction of the Facilities or the acts or omissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee, related thereto; provided, however, that Developer shall have no obligation to indemnify, defend, protect or hold Indemnitee harmless ftom any such losses, claims, demands, causes of action, liability, damages, costs or expenses which arise out of the sole negligence or willful misconduct of the Indemnitee or any officer or employee thereof. Developer further agrees to defend, indemnify, protect and hold the Indemnitee harmless ftom any such losses, claims, demands, damages, causes of action, liability, costs and expenses to the extent that they have arisen due to the sole negligence or willful misconduct of Indemnitee. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of construction of the Facilities as provided herein. It shall also extend to damages resulting ftom diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of construction of the Facilities. The approval of plans for the Facilities shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for said work and related improvements. The provisions of this paragraph shall become effective upon the execution of this Agreement and shall remain in full force and effect for ten (10) years following the ' acceptance by the City of the Facilities. . 7. Developer shall advance all necessary funds for the Facilities, including design and construction. The City will not be responsible for any of the costs of constructing the Facilities. 8. Developer shall secure at least three (3) qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the City Engineer. Notwithstanding the foregoing, if the Developer is to be reimbursed for all or any portion of the cost of construction of the Facilities ftom the proceeds of special tax bonds issued for Community Facilities District No. 99-1,2001-02 and/or 08-1 as provided for in paragraph 16 below, the Developer must comply with the provisions of the applicable Acquisition and Financing Agreement or Agreements establishing the design, bid, contract and 7-13-3- change order requirements applicable to improvements to be acquired pursuant to such agreement or agreements, 9. Developer shall provide a detailed cost estimate, which itemizes those costs of the construction attributable to the improvements. The estimate is 1?re1iminary and subject to final determination by the City Engineer uponcomp1etion of Facilities. 10, Upon determination by the City Engineer of satisfactory incremental completion of the Facilities in accordance with the Ordinance, the City may pay Developer progress payments in an amount not to exceed 75 percent (75%) of the estimated cost of the construction completed to the time of the progress payment, but shall provide in such case for the retention of 25% of such costs until issuance by the City of a Notice of Completion. 11. When all work has been completed to the satisfaction of the City, Developer shall submit verification of payments made for the construction of the Facilities to the City. The City Engineer shall make the [mal determination of which expenditures are eligible for reimbursement or credit that may be applied to Developer's future obligation to pay an Otay Ranch Pedestrian Bridge Impact Fee. 12. After final determination of eligible expenditures has been made by the City Engineer and Developer has complied with the conditions set forth in paragraphs 1 through 9 above, as determined by the City, the final amount of payment shall be determined by the City Engineer. The City and Developer may agree to offset Developer's duty to pay current and future Impact Fees required by the Ordinance, or revisions thereto, against the City's duty to reimburse Developer. The Developer shall receive additional credit against a future fee obligation in an amount equal to the difference between the [mal expenditure determination and the amount of the final payment. 13, If the total eligible construction cost for the Facilities is more than the total Jmpact Fees which will be required for the Developer's Village 6 project the Developer may: either apply the balance as credit against future Otay Ranch Pedestrian Bridge Development Impact Fee obligations, or request reimbursement from the following sources to the extent there are funds available for such reimbursement: a Otay Ranch Village 1, 5 and 6 Pedestrian Bridge Development Impact Fee Fund - 4- 7-14 b. Bond Proceeds. If Developer requests that Special Tax District bond proceeds, reserved to finance all or a portion of the cost of acquisition and/or construction of Pedestrian Bridge Improvements, be used to reimburse Developer for constructing the Pedestrian Bridge Improvements such reimbursement shall comply with the provisions of the applicable Acquisition and Financing Agreement. 1. Pedestrian Bridge between Village 1 and 2 ("West POC"). Any portion of reimbursement for the West POC to be financed with Special Tax bond proceeds shall be limited to such proceeds of such bonds issued by Community Facilities District 99-1. 2. Pedestrian Bridge between Village 5 and 6 ("East POC"). Any portion of reimbursement for the East POC to bè financed with Special Tax bond proceeds shall be made from either the proceeds of such bonds issued by Community Facilities District 99-1, 2001-02 and/or 081. 14. Developer, its successors, assigns and interests agrees to not protest the formation of a separate Impact Fee program incorporating the remainder of Developer's property that is not currently within the existing Impact Fee program said Developer's remaining property is described in Exhibit "B" attached hereto and made a part hereof (Property), or annexation of said remainder Property into the existing Impact Fee Area of Benefit. Developer further agrees to equitably participate in any future pedestrian bridge development impact fee program, or an update to the current Impact Fee program, to fmance all Otay Ranch Pedestrian Bridges including those Facilities constructed under the terms of this_Agreement. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of a development impact fee for pedestrian bridge facilities imposed on the Property, 15, 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 Property until released by the mutual consent of the parties, 16. Developer agrees to comply with requirements of Ordinance Nos. 2767 and 2892. 17, The parties agree that this First Amended Agreement shall supersede the Original Agreement and that the Original Agreement shall be of no further force nor effect when this First Amended Agreement is fully executed. - 5 - 7-15 18. Developer acknowledges and agrees that the Acquisition and Financing Agreements per City Council Resolution Nos. 2003-408; 2002-404, as amended by 2003-037; and 19694, as amended by 2001- 341 and 2001-215, for CFD-08I; CFD 2001-02; and CFD 99-1, respectively, remain in full force and effect and have not been modified nor amended by this agreement Exhibit A: Otay Ranch Pedestrian Bridge Facilities Exhibit B: Property Next page is signature page to Amended Otay Ranch Pedestrian Bridge Development Impact Fee Agreement 7-16 -6- SIGNATURE PAGE TO THE FIRST AMENDED OTAY RANCH PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE AGREEMENT CITY OF CHULA VISTA OTAY PROJECT L.P., A California limited partnership, SOHAlB AL-AGHA CITY ENGINEER By: OTA Y PROJECT, LLC, a California limited liability company, its General Partner, By: OTA Y RANCH DEVELOPMENT, LLC, a Delaware limited liability company, its~ By: Date rz(rc.e/o 1- Approved as to form by ANN MOORE CITY ATTORNEY J:\EngineerlLANDDEV\ProjectslPed Bridge\West POCIRevised Ped Bridge DlF Agreement-doc 7-17 -7- " / '-I I ilJ!1lJm'...:',~ . 'jnmf,\'Y"'\ 1--..- / '", I' . \\1 "" / , --Ii" ,: \,\\.b'=l:.li . . .." rrrFìT7l' " ,'..:, ":,' \:,\,1,'81/1",; \ L~.U-':"'LJ_i! '. ,', !:. \", :iT'!":" ." ,:"\.... '.' v ~ .,' 'L \,-,;j'"\ '\. \, ,,' ,:, \ ( ¡i -=,.:;:..-==~::' "-- ....--..-.- \ -D ,;:' -j,--':I I.,'", ", , ' "~'::;\'!S,~><:,\,::,~:·, -- ",,'" \" ,\ \JI. ,".. \"\.\\ \...~-\ . -', / __·_._h______ 7-18 BR~DGES I II ~ EXHIBIT B Legal Description of Property Parcel 3 of Parcel Map No. 18471 in the City of Chula Vista, County of San Diego, State of Cali fomi a, recorded on May 10,2000 as File No. 2000-241067 - 9 - 7-19 COUNCIL AGENDA STATEMENT Item~ Meeting Date 1/25/05 ITEM TITLE: Resolution approving the Drainage Maintenance and Indemnification Agreement (Otay Ranch Village 7 Mass Grading) between the City and Otay Project, L.P, SUBMITTED BY: Director of General Services / City Engineer ,;;íK Cr- REVIEWED BY: City Manager If' v¿v/ (4/Sths Vote: Yes_NoX) A condition of the approved Tentative Map for Otay Ranch Village 7 requires the developer enter into an agreement with the City to satisfY certain conditions of approval and mitigation measures prior to issuance of a grading permit for the Proj ect. RECOMMENDATION: That Council adopt the resolution, BOARDS/COMMISSIONS: N/A. DISCUSSION: On October 12, 2004, Council approved the Tentative Map for Chula Vista Tract No. 05-09 Otay Ranch Village 7, The proposed Drainage Agreement between the City and Otay Proj ect, L.P. encumbers the entire Otay Ranch Company ownership within the Village 7 SPA area, The proposed agreement accomplishes the following: · Requires Otay Ranch Company to provide for the appropriate maintenance of drainage, temporary desilting and storm water quality facilities until such time as they are accepted for maintenance by the City or a maintenance district; · Provides that sufficient security (via a cash bond) will be available to guarantee the performance of said maintenance obligations; · Inderrmifies the City against any damage, or claim for damage, arising ÍÌom construction, maintenance, operation of drainage facilities or non-compliance with Storm Water Quality and National Pollutant Discharge Elimination System (NPDES) regulations; · Provides that Otay Ranch will implement all elements of the adopted Mitigation Monitoring and Reporting Program of the Second Tier FEIR 04-06 for Village 7 that pertain to grading impacts, Otay Ranch Company is currently processing mass grading plans for removing soil ÍÌom the Otay Ranch Village 4 future Community Park site (Balance Site), construct drainage, temporary desilting facilities, and a permanent detention basin serving Otay Ranch Village 7. FISCAL IMP ACT: There is no impact to the General Fund, All costs associated with the construction, operation and maintenance of the drainage and storm water quality facilities within the Project will be borne by Otay Ranch Company until taken over by the City or a maintenance district. Attachments: I, Location Plat Exhibit A: Drainage Maintenance and Indemnification Agreement J:\EngineerlLANDEVlProjectslOtay Ranch Village 7\dfainage_mainten_agmtsICAS OR Village 7 drainage agreement.drs 8-1 400 ~ _ 0 - - 400 800 1200 , SCALE 1"- 400' ~ ~ ~ -' ./ I LEGEND: SHEET NQ. ... SUBDIVISION ..... BOUNDARY FLOW ......---- DIRECTION RIP-RAP. . . . . . . . . . . . DRAINAGE D~~~~" ' .' , m ..... .......ç::¡(::::I~ 8-2 RESOLUTION NO. 2005-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DRAINAGE MAINTENANCE AND INDEMNIFICATION AGREEMENT (OTAY RANCH VILLAGE 7 MASS GRADING) BETWEEN THE CITY AND OTAY PROJECT, L.P. WHEREAS, on October 12, 2004, Council approved the tentative map for Chula Vista Tract No. 05-09 Otay Ranch Village 7; and WHEREAS, Condition 78 of the approved tentative map for Otay Ranch Village 7 requires the developer enter into an agreement with the City to satisfy certain conditions of approval and mitigation measures prior to issuance of a grafg permit for the project; and WHEREAS, the Drainage Maintenance and Indemnification Agreement, between the City and Otay Project, L.P. encumbers the entire Otay Ranch Company ownership within the Village 7 SPA area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Drainage Maintenance and Indemnification Agreement (Otay Ranch Village 7 Mass Grading) between the City and Otay Project, L.P., a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chu1a Vista is hereby authorized to execute said agreement. Presented by Approved as to form by ~l, f ¡tW. Moore Ity Attorney Jack Griffin General Services Director 8-3 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: / I, ?/v.s-- Drainage Maintenance and Inderrmification Agreement (Otay Ranch Village 7 Mass Grading) between the City ofChula Vista and Otay Project, L.P. 8-4 Recording Requested by: CITY CLERK ) ) ) ) ) ) ) ) ) When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 APN: 644-030-14-00 File No. OR-971G DRAINAGE MAINTENANCE AND INDEMNIFICATION AGREEMENT (Otay Ranch Village 7 Mass Grading) This Agreement is made by and between Otay Project, L.P. (referred herein as "Developer"), and the City of Chula Vista, a California municipal corporation ("City"), with reference to the following facts: RECITALS A. Developer owns approximately 105.2 acres of that certain real property, as more particularly described in Exhibit "A" and as shown on Exhibit "A-1", within a portion of what is commonly known as Otay Ranch Village 7 ("Village 7") of the Otay Ranch planned community (Hereinafter referred to as "Property"). B. On October 12,2004, the Chu1a Vista City Council, pursuant to Resolution No. 2004-330, and in accordance with the California Environmental Quality Act (CEQA) (Pub. Resources Code Section 21000 et seq,), certified the Final Second Tier Environmental Impact Report 04-06 for the Village 7 Sectional Planning Area Plan ("Final E~") and approved, made certain Findings of Fact, adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of Overriding Considerations. C. On October 12; 2004 the City approved the Sectional Planning Area (SPA) Plan for Village 7 by Resolution 2004-330. D. On October 12, 2004, the City approved a Tentative Map, known as Otay Ranch Village 7, Tract 05-09 (Herein referred to as the "Tentative Map"), for a portion of the Otay Ranch Sectional Planning Area for Village 7 by Resolution Number 2004-332 ("Resolution"). Said Tentative Map proposes certain grading work, drainage improvements and the construction of storm water quality management facilities ("NPDES facilities") 1 : 8-5 within the Property. F. Condition No. 57 of the Resolution, as more particularly set forth on Exhibit "B", requires that Developer provide drainage improvements in accordance with the "Master Drainage Study for Otay Ranch Village Seven", dated May 20, 2004 or a subsequent Hydrology Report and the "Preliminary Water Quality Technical Report for Otay Ranch Village Seven", date May 21, 2004 and any revisions approved thereto. Developer shall maintain all drainage improvements constructed within the Property until said improvements are formally accepted by the City, an applicable maintenance district, or another mechanism as approved by the City. Said maintenance shall ensure that drainage facilities will continue to operate as designed. G. Condition No, 78 of the Resolution, as more particularly set forth on Exhibit "B", requires that, prior to the issuance of any grading permit for the Property, Developer shall enter into an agreement with the City, wherein the Developer agrees to: 1.) comply with the requirements of the Storm Water Management Standards Manual; 2.) indemnify and hold the City harmless ftom and against all fines costs and expenses and damages arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the proj ect, whether the non compliance results ftom any action by the Applicant, any agent or employee, subcontractors, or others. The Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the Cit; 3.) to not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection and monitoring of NPDES facilities. H. A Mitigation Monitoring and Reporting Program for the Village 7 SPA has been adopted which includes certain mitigation measures to be satisfied prior to issuance of any grading permit for the Property, These measures, as more particularly set forth in Exhibit "C", include the requirement that, prior to the issuance of any grading permit for the Property, Developer shall prepare a Wetlands Restoration P1an(s) to the satisfaction of the Resources Agencies and the Director of Planning and Building to mitigate for indirect and permanent impacts to wetlands. I. Condition No. 115 of the Resolution, as more particularly setforth in Exhibit "B", requires the Developer deposit of funds prior to issuance of the first grading permit to guarantee maintenance of landscape and irrigation improvements installed within open space 2 8-6 lots to be maintained by a Community Facilities District. The cash deposit shall be equivalent to the estimated cost of 6 months of maintenance of the L&I improvements. Whereas, the City Engineer has determined that certain drainage improvements, detention basins, desi1ting basins, storm water quality management facilities and erosion/sedimentation control facilities, as shown on Chula Vista Drawings Nos. 04081-01 through 04081-14 are adequate as of the date of this Agreement to serve the grading proposed for the Property on said drawings. NOW THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree as follows: 1. Defined Terms. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated. 1.1 "Drainage Improvements and NPDES Facilities" shall mean certain storm water management facilities such as the Wolf Canyon Detention Basins and other permanent and temporary public or private drainage improvements, desi1ting basins, and erosion/sedimentation control facilities proposed for construction within the property as described in the "Preliminary Water Quality Technical Report for Village T' dated May 24, 2004 ("Water Quality Technical Report"), or revisions thereto approved by the City Engineer and shown on Village 7 Mass Grading Plans (Chula Vista Drawings Nos, 04081-01 through 04081-14) or on any grading plans for Village 7 approved subsequent to this Agreement. 1.2 "Complete Construction" shall mean that construction of Drainage Improvements and NPDES Facilities have been completed to the satisfaction of the City Engineer. 13 "Maintain" or "Maintenance" shall mean to furnish, or the furnishing of, services and materials for the ordinary and usual maintenance required for the operation or implementation of the NPDES Facilities and/or the approved Wetlands Restoration Plan as set forth in a City and/or Resource Agency approved maintenance program. 1.4 "Resource Agency" shall mean the California Department ofFish and Game, San Diego Regional Water Quality Control Board and/or the U.S, Army Corps of Engineers. 1.5 "Storm Water Standards Manual" shall mean the City of Chula Vista Development and Redevelopment Projects Storm Water Management StandardsIRequirements Manual adopted November 26, 2002 and all revisions thereto. 2. Drainage Improvements and NPDES Facilities. In partial satisfaction of Condition No, 57 of the Tentative Map, Developer agrees to the following: 2.1 Construction. Developer agrees to construct Drainage Improvements 3 8-7 and NPDES Facilities, as shown on the approved Village 7 mass grading plans and any subsequent grading plans for Village 7 approved by the City Engineer. Developer shall complete construction of the Drainage Improvements and NPDES Facilities on or before the fIrst anniversary of the City Council's approval of this Agreement. The Drainage Improvements and NPDES Facilities shall comply with all the provisions of the National Pollutant Discharge Elimination System and the Clean Water Program. Developer understands and agrees that Developer is responsible for obtaining all necessary permits, approvals and certifications, if any, ftom the applicable federal or state agencies, including but not limited to Caltrans and Resource Agencies. 2.2 Maintenance, Developer shall operate and maintain the Drainage Improvements and NPDES Facilities in accordance with the Water Quality Technical Report, and the approved "Detention Basin Operation and Maintenance Plan for Otay Ranch Village 7, Neighborhood R -2", and the approved Wetlands Restoration Plan as applicable, until such time as the City, or a maintenance entity approved by the City, accepts them for maintenance, Developer understands and agrees that Developer shall be solely responsible for the maintenance and operation of the Drainage improvements and NPDES Facilities and any liability resulting therefrom until such time as they are accepted, 2.3 Off-Site Siltation Removal. The Project will implement construction Best Management Practices (BMP's) as outlined in the Project's Storm Water Pollution Protection Plan to control sediment transfer. In the event Developer fails to install said construction BMP' s, or of the failure of said construction BMP' s once installed, Developer agrees to remove siltation attributable to development of the Property ftom the existing Wolf Canyon Channel downstream of the Property until such time as all of the following have been determined in the sole discretion of the City Engineer and the Director of Public Works: all upstream grading within the tributary area to the Property is completed and all slope areas therein are determined to be stable and not susceptible to erosion; and Drainage Improvements and NPDES Facilities are substantially completed; and erosion protection planting is adequately established. In addition, Developer shall continue to remove siltation attributable to the Property from Wolf Canyon Channel downstream of the Property until a maintenance entity approved by the City assumes maintenance of Drainage Improvements and NPDES Facilities. The· City Engineer shall be solely responsible for determining if any downstream siltation is attributable to the Project due to the Developer's failure to install the Project's construction BMP's or due to the failure of the construction BMP's once installed. 2.4 Securities, Developer shall provide the City with maintenance securities, in accordance with paragraph 3 below, to guarantee Developer maintenance obligations hereunder. 3. Security for Performance. 3.1 Cash Deposit. Pursuant to and in partial satisfaction of Condition No. 115 of the Resolution Developer shall provide the City with a cash deposit in the amount of 4 8-8 Fifteen Thousand Dollars ($15,000) to guarantee Developer's maintenance obligations hereunder until the City accepts Drainage Improvements and NPDES Facilities. Developer acknowledges and agrees that the City may, in the sole discretion of the City Engineer expend said deposit to guarantee the Maintenance obligations under Section 2.2 and 2.3 of this Agreement in the event of Developer's default in the performance of said Maíntenance obligations. Should the City expend the deposit due to Developer's default of its performance obligations, Developer agrees to redeposit the equivalent sum of money needed to equal the required cash deposit, within 30 days of the City's request for such deposit. Any unexpended amount of the deposit shall be released and remitted to Developer upon the termination of its maintenance obligations as set forth in this Agreement; or, at the Developer's option, shall be applied to the deposit required by Condition No, 115 for the guarantee of open space improvements that are scheduled to be maintained by an open space maintenance district formed for that purpose, Developer may elect to apply any remaining cash deposit to the deposit required by Condition No. 115 when that deposit becomes payable and prior to termination of its maintenance obligations hereunder, in which case the Developer agrees that the open space maintenance deposit may be used also to guarantee the maintenance obligations under Section 2.2 and 2.3 of this Agreement. 3.2 Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board, officer, or employee thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor. 4. Compliance with Standards. In partial satisfaction of Condition No. 78, Developer agrees to the following: a. to remain in compliance with Condition No. 78; the requirements of the Storm Water Management Standards Manual including revision of approved grading and or improvement plans as necessary; b. to not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to [mance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret,ballot election c. that development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and 5 8-9 storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements; d, to file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities; e, that the SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures; f. to comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units; g, to design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer; h. to comply with all relevant City regulations and policies including, but not limited to, incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non-structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. 5. Mitigation Monitoring and Reporting Program. In partial satisfaction of Condition No. 11 of the Resolution, Developer agrees to implement all environmental impact mitigation measures identified in the Final E~, the candidate CEQA Findings and the Mitigation Monitoring and Reporting Program for this Project including, but not limited to, those measures as more particularly set forth in Exhibit C. 6. Municipal Code Requirements. Developer understands and agrees that Developer shall be subject to all the provisions of the ordinances, standards, and policies of the City of Chula Vista (including Section 14.20310 of the Municipal Code), the laws of the state of California, and federa11aw as applicable to said work as all may be amended ftorn time to time. 7. Future Approvals. Developer acknowledges and agrees that the performance of Developer's obligations hereunder is required for the health and safety of the residents of the City of Chula Vista, Therefore, the Developer agrees that the City shall have the absolute and unfettered right to withhold the issuance of any grant of approval for the Property, if the 6 8-10 Developer is determined by the City not to be in compliance with the terms of this Agreement. If Developer is determined by the City not to be in compliance with any term of this Agreement, the City shall notify Developer of Developer's noncompliance and provide the Developer with 30 days to cure said noncompliance. The Developer shall not be in non- compliance if, upon notification of non-compliance, Developer starts immediately to work toward cure of said non compliance and diligently pursues, as determined by the City Engineer, a course of action to achieve a cure within a reasonable time ftame. 8. 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 Property as described on Exhibit "A" until released by the mutual consent of the parties, 9. Agreement Running with the Lànd. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property 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 cornmunity 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 City 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 proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. 10. Indemnification. Developer further understands and agrees that City, as indemnitee, or any office or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Developer, its agents or employees, related to the construction of the Drainage Improvements and NPDES Facilities and Developer's Maintenance activities, Developer further agrees to defend, indemnify and hold the City, its officers and employees, harmless ftom any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Developer, its agents or employees, related to the construction of the Drainage Improvements and NPDES Facilities and Developer's Maintenance activities or ftom non-compliance with the requirements of the NPDES regulations. The approved improvement securities referred to above shall not cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to all claims for damages to adjacent or downstream properties or the alleged taking of property ftom owners of such adjacent or downstream properties as a result of Developer's construction and Maintenance activities as provided herein. Such indemnification shall also extend to damages resulting ftom diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or modification of the point of discharge as the result of the construction of the Drainage Improvements and NPDES Facilities and maintenance and/or siltation removal activities. The approval of plans for the Drainage Improvements NPDES Facilities and any related improvements shall not constitute the assumption by City of any responsibility for such 7 , 8-11 damage or taking, nor shall City, by said approval, be an insurer or surety for the COnstruction of the Drainage Improvements and NPDES Facilities and any related improvements. The provisions of this Agreement shall become effective upon the execution of this Agreement and shall remain in full force and effect regardless of the City's approval of the Drainage Improvements and NPDES Facilities. 11. Miscellaneous Provisions. 11.1 Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof and any and all other prior or contemporaneous oral or written agreements are hereby superseded. This Agreement may be amended, but only pursuant to a written amendment properly authorized and executed by both parties hereto, 11.2 Compliance with Laws. In the performance of its obligations under this agreement Developer shall comply with any and all applicable federal, state and local laws, regulations, policies, permits and approvals. 11.3 Recitals and Exhibits. All Recitals and attached Exhibits referred to herein are hereby incorporated herein by this reference, 11.4 Term. This agreement shall remain in effect for so long as either party has executory obligations hereunder. 11.5 Recording. The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of San Diego. 11.6 Assignment. The obligations of the Developer under this Agreement shall not be assigned in whole or in part, without the express written consent of the City. 11.7 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 ftom 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. 11,8 Termination. Upon the termination of this Agreement pursuant to applicable provisions hereof, at the request of Developer or any successor in interest who owns any portion of the Project encumbered by this Agreement, the City will execute an instrument in recordable form prepared by Developer in a form acceptable to the City Attorney which evidences the termination of this Agreement and confirms the release of the Project ftom the encumbrance of this Agreement. 8 8-12 portion of the Project encumbered by this Agreement, the City will execute an instrument in recordable form prepared by Developer in a form acceptable to the City Attorney which evidences the termination of this Agreement and confirms the release of the Project ftom the encumbrance of this Agreement. 11.9 Attornev's Fees. If either party commences litigation for breach of this Agreement or 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 reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 11.10 Preparation of Agreement. No inference, assumption or presumption shall be drawn ftom the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. 11.11 Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either, party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: City Engineer DEVELOPER: OtayProject, L.P. 610 Ash Street, Suite 1500 San Diego, CA 92101 Attn: Ranie Hunter, Vice President [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 9 8-13 PAGE ONE OF TWO SIGNATURE PAGES TO THE DRAINAGE MAINTENANCE AND INDEMNIFICATION AGREEMENT (Otay Ranch Village 7 Mass Grading) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. Dated: ,2004 CITY OF CHULA VISTA by: Stephen C. Padilla Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: 10 8-14 PAGE TWO OF TWO SIGNATURE PAGES TO THE DRAINAGE MAINTENANCE AND INDEMNIFICATION AGREEMENT (Otay Ranch Village 7 Mass Grading) OTAY PROJECT, LoP. a California limited partnership By: Otay Ranch Company, h-P,. t..L(... a California limited liability cm:pnrotioo t:o~ Its: Geoeral Partner By: ~ '!CANtf\ íDeVSWx:;tY1¿,..-¡í LA, e.- ft ~\..J1'YI\tw c,/Pr(5/Uf?S CIJ~y A'IÅ'11-ð1c.nŸf'{) ýI"J~ Its: By: ~v -- y{ æ. ~\'O(ëõ-J<r- Its: (Attach Notary Certificate) 11 ; 8-15 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of $..... 'þì'.G ðU On ~iIA' \I "j \~ I 1m( before me, personally appeared V ~*' Åd.~ - - - - - - - - I -, MARC LQl/AJO i@ --. ""'" ¡ _,,; Notary Public - Cal"omla ï " '. San Diego County " My Comm, Expires Apr 13. 2008 }ss, N~)oIS¡gn81(S) Õ personally known to me o proved to me on the basis of satisfactory evidence to be the person~J whose name(sJ- I$re subscribed to the within instrument and acknowledged to me that helsh,¡¡L!bey executed the same in hislhøeir authorized capacity(~s), and that by hislhe1'ith"ir signature(sj on the instrument the person(sj, or the entity upon behalf of which the personts) acted, executed the instrument. my hand and official OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Titie(s): o Partner - 0 Limited 0 General o Attomey-in-Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: Number of Pages: . Top of thumb here 01999 National No~ A/¡sœiatkJn· 9350 C. Soto AV8~ P.O. ~ 2402· Chatswortf1, CA 91313-2492' www.nltlonalnotøry.org PTDd. No. 5907 Reorder. CIIII TQII-Frae 1-aoo-B16-1:i827 8-16 LIST OF EXHIBITS TO THE DRAINAGE MAINTENANCE AND INDEMNIFICATION AGREEMENT (Otay Ranch Village 7 Mass Grading) Exhibit A Legal Description Exhibit A-1 Property Plat Exhibit B Condition # 57, 78 and 115 of the Tentative Map Exhibit C Mitigation Monitoring and Reporting Program - measures prerequisite to issuance of a grading permit 12 . 8-17 DRAINAGE MAINTENANCE AND INDEMNIFICATION AGREEMENT (Otay Ranch Village 7 Grading) EXHIBIT A (OTAY RANCH VILLAGE 7 - LEGAL DESCRIPTION) PARCEL 6 OF PARCEL MAP NO. 18471, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DŒGO COUNTY ON MAY 10, 2000, TOGETHER WITH A PORTION OF PARCEL 4 OF PARCEL MAP NO. 18789, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DŒGO COUNTY ON SEPTEMBER 7, 2001, ALL IN THE CITY OF CHULA VISTA, COUNTY OF SAN DŒGO, STATE OF CALIFORNIA. 13 8-18 DRAINAGE MAINTENANCE AND INDEMNIFICATION AGREEMENT (Otay Ranch Village 7 Mass Grading) EXHIBIT A-I (OTAY RANCH VILLAGE 7 - PROPERTY PLAT) 14 8-19 400 0 r--__ 400 SOO 1200 , SCALE l~- 400' ~ ~ ~ / " ~. ...;- /' . ~:f:': LEGENO: SHEET NO. ................ SUBDIVISION BOUNDARy..... .---- FLOW DIRECTION............ RIP-RAP. . . , .. . . ... . . . ... .. m 8-20 DRAINAGE DITCH ...........<:::::1 <::::I <::::I DRAINAGE MAINTENANCE AND INDEMNIFICATION AGREEMENT (Otay Ranch Village 7 Grading) EXHIBIT B Conditions of Approval for Chula Vista Tract 05-09 Otay Ranch Village 7 Resolution No. 2004-332 Condition No. 57 The Applicant shall provide drainage improvements in accordance with the Master Drainage Study for Otay Ranch Village Seven, dated May 20, 2004, and the Preliminary Water Quality Technical Report for Otay Ranch Village Seven, dated May 21,2004 or subsequent Hydrology Study submitted to and approved by the City Engineer. The Applicant shall maintain all such drainage improvements until said improvements are formally accepted by the City or an applicable maintenance district, or other mechanism as approved by the City. Said maintenance shall ensure that drainage facilities will continue to operate as designed. Condition No. 78 Prior to the approval of the first map for the Project, or issuance of the first gradirÍg permit for the Project, whichever occurs earlier, Applicant shall enter into an agreement with the City of Chula Vista, wherein the Applicant agrees to the following a. Comply with the requirements of the Storm Water Management Standards Manual including revision of approved grading and or improvement plans as necessary; b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, ftom and against all fines, costs, and expenses and damages arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the project, whether the non compliance results ftom any action by the Applicant, any agent or employee, subcontractors, or others. The Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. , 15 8-21 Condition No. 115 Prior to issuance of any grading permit which includes permanent Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the Community Facility District (CFD), the developer shall place a cash deposit, or other funding mechanism acceptable to the City, in the City's sole discretion, with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the City Engineer and the Director General Services, the deposit shall be used to perform the maintenance. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit Amount"), as determined by the City Engineer. Any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or returned to the Developer, according to the following: a. If, six months prior to the scheduled date of acceptance of Landscape and Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the Minimum Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve Account, or; b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six months of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director of General Services. 16 8-22 DRAINAGE MAINTENANCE AND INDEMNIFICATION AGREEMENT (Otay Ranch Village 7 Mass Grading) EXHIBIT C (Mitigation Monitoring and Reporting Program - measures prerequisite to issuance of a grading permit) MM 4.4-1 (NOISE): Noise walls shall be secured to the satisfaction of the City Engineer and Enviromnental Review Coordinator for residential units located along Birch Road and La Media Road prior to receiving a grading permit, and constructed prior to occupancy of 1 51 unit. An acoustical study confirming wall geometrics and conformance with the City's noise threshold is required prior to finalization of site and grading plans. Based on preliminary design and assumptions, the following wall height would be required to meet City standards: Birch Road: 7 feet MM 4.5-1 (~QUALITY): The following measures shall be specified as notes on the project grading plans, and shall be implemented as practical to minimize construction emissions: · Minimize simultaneous operation of multiple construction equipment units. · Use low pollutant-emitting construction equipment, as practical. · Use electrical construction equipment as practical. · Use catalytic reduction for gasoline-powered equipment. · Use injection timing retard for diesel-powered equipment. · Water the construction area at least twice daily to minimize fugitive dust. · Stabilize graded areas as quickly as possible to minimize fugitive dust. · Pave p=anent roads as quickly as possible to minimize dust. · Use electricity ftom power poles instead of temporary generators during building as feasible. · Apply chemical stabilizer or pave the last 100 feet of internal travel path within a construction site prior to public road entry. · Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads. · Remove any visible track-out into traveled public streets within 30 minutes of occurrence. · Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred. · Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads. · Cover haul trucks or maintain at least 12 inches of fteeboard to reduce blowoff during hauling. · Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 mph. MM 4.7-1 (HYDROLOGY/DRAINAGE/WATER QUALITY): Prior to issuance of each grading permit, a detailed drainage system design study shall be prepared in accordance with the City ofChula Vista's standards and shall be approved by the City Engineer. MM 4.7-2 (HYDROLOGY/DRAINAGE/WATER QUALITY): Prior to issuance of each grading permit, the project applicant shall submit an NOI and obtain an NPDES Permit for Construction 17 8-23 Activity ftom SWRCB. Adherence to all conditions of the General Permit for Construction Activity is required. Each applicant wanting to develop within the Village 7 SPA Plan project is required under the SWRCB General Construction Permit to develop a SWPPP describing BMPs to be used during and after construction to prevent the discharge of sediment and other pollutants in stonn water runoff ftom the project. The SWPPP shall also include a Storm Water Sampling and Analysis Strategy (SWSAS), pursuant to the SWRCB General Construction Permit requirements. MM 4.8-1 (GEOLOGY AND ,SOILS): Prior to the issuance of each grading permit, the applicant shall verify that the applicable recommendations of the geotechnical report titled Geotechnical Investigation Otay Ranch Village 7, R-2 and Village 4 Community Park, prepared by GeoCon Incorporated, dated May 5, 2004, for the western portion of the Village 7 SPA Plan project site have been incorporated into the project design and construction documents to the satisfaction of the City Engineer of the City of Chula Vista. MM 4.9-1 (CULTURAL RESOURCES): A qualified archaeological monitor shall be on-site during initial grading of the site. Ifhistoric archaeological material is encountered during grading, all grading in the vicinity as determined and defined by the archaeologist shall stop and its importance shall be evaluated, and suitable mitigation measures shall be developed and implemented, if necessary. Cultural material collected shall be permanently curated at an appropriate repository, such as the San Diego Archaeological Center. MM 4.10-1 (pALEONTOLOGY): Prior to issuance of anyon-site (or off-site) grading permits, the applicant shall confirm to the City of Chu1a Vista that a qualified paleontologist has been retained to carry out the following mitigation program. The paleontologist shall attend pregrade meetings to consult with grading and excavation contractors. (A qualified paleontologist is defined as an individual with an MS or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.) MM 4.10-2 (pALEONTOLOGY): A paleontological monitor shall be on-site at all times during the original cutting of previously undisturbed sediments of highly sensitive geological formations (Otay Formation) to inspect cuts for contained fossils. The paleontological monitor shall work under the direction of a qualified paleontologist. The monitor shall periodically (every several weeks) inspect original cuts in deposits with an unknown resources sensitivity. (A qualified paleontological monitor is dermed as an individual who has experience in the collection and salvage of fossil materials). MM 4.10-3 (pALEONTOLOGY): If fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In instances where recovery requires an extended salvage time, the paleontologist (or paleontological monitor), shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Where deemed appropriate by the paleontologist (or paleontological monitor). A screen-washing operation for small fossil remains shall be set up. MM 4.10-4 (pALEONTOLOGY): Prepared fossils, along with copies of all pertinent field notes, photographs, and maps, shall be deposited (with the applicant's permission) in a scientific institution 18 8-24 with paleontological collections such as the San Diego Natural History Museum. A final summary report shall be completed which outlines the results of the mitigation program. This report shall include discussion of the methods used, stratigraphy exposed, fossils collected, and significance or recovered fossils. MM 4.11-2 (BIOLOGICAL RESOURCES): Focused surveys for burrowing owl shall be conducted no earlier than 1 month prior to grading. If occupied burrows are detected, a mitigation plan shall be prepared and approved by the Director of Building and Planning and Environmental Review . Coordinator and relocation of the species shall be conducted to avoid impacts ftom grading. MM 4.11-2 (BIOLOGICAL RESOURCES): Prior to issuance of a grading permit that impacts jurisdictional waters or wetlands, the developer shall prepare a Wetlands Restoration Plan to the satisfaction of the Resource Agencies and Director of Planning and Building to mitigate for indirect and permanent impacts to 0.14 acre of wetlands. The Plan shall include, but not be limited to, an implementation plan, maintenance and monitoring program, estimated completion time, and any relevant contingency measures. Jurisdictional waters or wetlands shall be delineated on all grading plans. MM 4.13-1 (pUBLIC HEALTH AND SAFETY): Prior to grading, the applicant of Grading Contractor shall enroll in the Voluntary Assistance Program operated by the county of San Diego DEH and obtain ftom DEH a Letter of Concurrence stating that onsite burial of contaminated soils during grading will not result in a public health risk, to the satisfaction of the District Director of Planning and Construction, the Environmental Review Coordinator, and City Engineer. 19 8'""25 COUNCIL AGENDA STATEMENT Item No. Meeting Date: 1/25/05 q ITEM TITLE: Report on the Application for the formation of Community Facilities District No, 12-1 (McMillin Otay Ranch Village Seven) Resolution Approving the initiation of proceedings to consider the formation of Community Facilities District No,12-I (McMillin Otay Ranch Village Seven) for McMillin Otay Ranch LLC and approving the form of a Reimbursement Agreement. SUBMITTED BY: Director of General Services/City Engineer ek 01~ REVIEWED BY: City Manager ("JQ0" (4/5ths Vote: Yes_NoX) In compliance with Council Policy, McMillin Otay Ranch LLC has submitted an Application for establishing Community Facilities District No. 12-1 ("CFD-12-I") to fund the acquisition or construction of certain public improvements serving Chu1a Vista and development improvements serving McMillin Otay Ranch LLC properties in the amount of approximately $18.5 million. This amount may change as a result of detailed analyses to be performed during district formation. Staff has reviewed the Application and determined that the financial information provided is preliminary and general in na,ture and that a complete analysis on the financial feasibility of the project cannot be made at this time. Staff believes that adequate information and analysis will be generated during district formation for evaluating the developer's financial ability to bring the project to completion in compliance with City's criteria. Therefore, staff is recommending that Council accept the report and initiate the formal proceedings for the proposed CFD-12-I. Tonight, Council will consider the initiation of this CFD-12-I and provide direction to City staffto proceed with the formation requirements, boundaries and other pertinent elements. RECOMMENDATION: It is recommended that Council: 1) Accept the report on the Application for the formation of CFD-12-I; and 2) Adopt the resolution initiating proceedings for the formation ofCFD-12-I and approving the form of a Community Facilities District Reimbursement Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The "Mello-Roos Act" allows for the creation of Community Facilities Districts (CFD's) and the issuance of bonds to provide for financing the construction and/or acquisition of public facilities needed for the City or development In addition, a CFD may also finance a broad range of services, 9-1 Page 2, Item No. '1 Meeting Date: 1/25/05 including fire, flood control maintenance, landscaping, library, open-space facilities, parks, parkways, recreational services and school facilities maintenance. Any public facilities, which the City may own, operate or contribute money to, and which have a useful life of five or more years, are eligible to be financed through a CFD, Debt services on the bonds are met through the imposition of a Special Tax (explicitly not ad valorem) on properties solely within the CFD. The special tax is collected with the property taxes. There is no direct cost to the City. Expenses related to the ongoing district administration (including levying and collecting the special taxes) are to be funded by the CFD, The ultimate security behind the bonds would be the properties located within the CFD, not the City's General Fund or its ability to tax property within its jurisdiction. Over the past few years, City Council has approved agreements with the financing team to be utilized in the processing of this type of Community Facilities District. Agreements are with the professional consulting teams of McGill Martin Self, Inc, (Special Tax Consultant and Project Management), Best, Best & Krieger (Bond Counsel), Stone & Youngberg LLC (Underwriters), Fie1dman, Rolapp, & Associates (Financial Advisor), and Stradling Y occa Carlson & Rauth (Underwriter's Counsel) to provide services related to inftastructure financing. In addition, Council has approved Bruce Hull & Associates (Appraiser) and The Meyers Group (Market Absorption) as support to the financing team. The selection of the consultant team and their proposed fees are comparable to those charged for existing financing districts and will have no direct impact on the General Fund or the City, but will be funded by the developer and/or property owners in proportion to the relative benefits received ftom the improvements being financed, The agreements are substantially in the form of the City's standard two-party agreement. They have been reviewed and approved by the City Attorney as to form, Tonight's agenda will start the formation process and set in motion the required steps and schedules for the authorization to levy special tax taxes with the CFD and to incur a bonded indebtedness of the CFD payable from the proceeds of such special taxes. It is anticipated that if the CFD is formed, such bonds will be issued in summer of2005, Upon approval of tonight's actions, City staff will begin discussion with the developers to enter into an agreement entitled "Acquisition/Financing Agreement" to establish, among other things, the public facilities authorized to be financed by the CFD and the terms and conditions pursuant to which the authorized facilities will be constructed, acquired and bonds for the CFD will be issued. This agreement will lay the groundwork to which McMillin Otay Ranch LLC will agree to undertake the design and construction of certain transportation and development improvements. It also specifies what McMillin's responsibilities and cost sharing will be for constructing those improvements, 9-2 Page 3, Item No. '1 Meeting Date: 1/25/05 Procedure for formation of Communi tv Facilities District No. 12-1 Following are the key actions that Council would take during the proceedings for CFD-12-I: 1. Approval of the report on the Application and initiation of proceedings for formation of the proposed CFD and approval of a Reimbursement Agreement to require that McMillin advance funds to the City to pay for all costs incurred by the City in undertaking the proceedings to form and issue bonds for CFD-12-L 2. Approval of Resolution of Intention (ROI) to establish CFD-12-1. 3, Adopting the boundaries of the CFD and ordering the preparation of the Special Tax Report. 4. Holding public hearing, approval of Resolution to Formation (ROF), voter's election, and levy of the special taxes. 5. Bond sale and issuance. Description of the oroposed CFD-12-I Exhibit 1 presents the boundaries of the proposed CFD-12-I, which includes parcels located within McMillin Otay Ranch Village Seven (170 gross acres), At this time McMillin is anticipating that only 150 will be developed for residential with the remaining acres to be reserved for Community Purpose Facilities, streets, Right of Way, and open space. At buildout there will be 759 residential units, an 11.1 acre elementary school site, a 7.6 acre park and a 1.1 acre Community Purpose Facility. The special tax allocations levied by CFD-12-I will be below the "2% maximum tax" criteria established by Council Policy. The developer is proposing CFD financing of the following improvements: · Magdalena Avenue · Wolf Canyon Loop · Bob Pletcher Way · Santa Luna Way · Birch Road · Rock Mountain Road In addition to the above improvements, this CFD's bonding capacity may be used for offsite facilities to be financed by Transportation Development Impact Fees (TDIF), Public Facilities Development Impact Fees (PFDIF), Poggi Canyon and Salt Creek Sewer Fees. The construction cost of the developer improvements is estimated at $18.5 million, of which all $18.5 million maybe financed by CFD-12-L 9-3 Page 4, Item No. Meeting Date: 1/25/05 q Based on the actual interest rate and final value to lien ratio, the bond sale amount coul fluctuate. Report on the Application for CFD-12-I In a previous action, Council adopted "The City of Chula Vista Statement Of Goals And Policies Regarding The Establishment Of Community Facilities Districts" ("CFD Policy"). The CFD Policy provides guidelines for the use of CFDs for financing the construction or acquisition of public inITastructure or the provision of authorized public services to benefit and serve existing or new development in the City. Prior to Council initiating any formal proceedings for formation of the CFD, the developer is required to submit an "Application", which would include all the necessary information (business plan, percent of ownership requesting the CFD, etc.) demonstrating the applicant's fmancia1 ability to carry the project through to completion. The Application shall be reviewed by a committee composed of the City Manager, City Attorney, Director of Public Works, City Engineer, Planning Director, Finance Director and such additional persons as the City Manager deems necessary. McMillin Otay Ranch LLC, representati ves, staff, and consultants have met several times to discuss the processing, to clarify the intent ofthe Council policy, determine the fo=at of the Application, and identify the required financial information. The Application was submitted on November 11, 2004, (See Exhibit 2). The Review Committee has analyzed the content of the Application to determine the applicant's financial ability to successfully construct the project and pay the special taxes during buildout. The Review committee has concluded that 1) the information provided is preliminary and general in nature, 2) the developer's business plan appears to be consistent with the current conditions of the real estate market, and 3) compliance with Council Policy can not be confumed until various documents such as appraisal, market absorption study, Special Tax Report and Preliminary Official Statement are complete. These documents will be prepared during the district proceedings and brought to Council consideration prior to bond sale. The report with findings and recommendation on the Application is presented in Exhibit 3, In essence, the Review Committee recommends that Council approve proceeding with the formation of the CFD-12-L Extensive due diligence will be required as the district proceeds to ensure compliance with Council policy. Discussion ofKev Policv Issues During the proceedings, several analyses will be performed to ensure that the proposed CFD conforms to the requirements of the Mello-Roos Act and Council Policy. Following is a brief· discussion on how some key policy issues will be addressed during the proceedings: 1, Proposed Improvements: Improvements to be financed are backbone streets and associated improvements (i.e., sewer, potable water, reclaimed water, landscaping, dry utilities, etc.) and 9-4 Page 5, Item No. c;¡ Meeting Date: 1/25/05 Public Facilities providing community-wide benefit. Staff believes that all these improvements meet the requirements of the CFD Policy. A final recommendation on the improvements to be financed by the proposed CFD will be brought later to Council in conjunction with the AcquisitionlFinancing Agreement. 2. Value to Lien Ratio: Council Policy requires a minimum 4:1 va1ue-to-lien ratio for each separate ownership at the time of the bond sale. A ratio of less than 4: 1, but equal to or greater than 3: 1, may be approved, in the sole discretion of Council, when it is determined that a ratio of less than 4: 1 is financially prudent under the circumstances of a particular CFD. The appraisal and lien ratio analysis would be available for Council consideration prior to bond sale, which is planned for late summer of 2005. If the final analysis shows parcels which fail to meet the 4: 1 ratio, the developer would be required to either provide cash or letters of credit to maintain the lien ratio within the City criteria, the principal amount of the bonds to be issued for CFD-12-I will be reduced to comply with City policy or provide sufficient information to convince Council that a lesser lien ratio is prudent. 3. Maximum Tax: Council Policy establishes that the maximum annual CFD special taxes applicable to any newly developed residential property shall be no more than 1 % of the sale price ofthe house. In addition, the aggregate of all annual taxes and assessments is limited to 2% of the sale price of the house. A preliminary calculation of the maximum tax, using estimated house prices, will be available for Council consideration at the Public Hearing. A final test will be performed at escrow closing using the actual sale price of the house. Council Policy requires that at or prior to each closing of escrow, the escrow company shall apply a "calculation formula" previously approved by the City Engineer to determine the aggregate of regular County taxes, Mello-Roos taxes, and assessment insta1Jments. If the 2% limit were exceeded, the developer would be required to provide cash to buy down the lien to an amount sufficient to meet the 2% tax ceiling. Compliance with this procedure would ensure that the aggregate tax to be paid by the purchaser of the house meets the City's criteria. Currently, the developer anticipates that this CFD to be in the range of2%. Finally, it should be mentioned that the use of CFDs for public fmancing, like many other fmancial decisions, involves a calculated risk and nothing can completely insulate the City ITom the possibility of future problems. Future owners of the property may express displeasure with paying the Special Tax, a downturn in the real estate market may cause delinquencies. Indeed, even the master developer may become delinquent when the project is no longer economically feasible. Nevertheless, staff believes that strict adherence to the CFD Policy together with extensive scrutiny by the financing team would minimize the occurrence and consequences of any potential problems. 9-5 Page 6, Item No. Meeting Date: 1/25/05 q FISCAL IMPACT: The developer will pay all costs and has deposited money to fund initial consultant and City staff costs in accordance with the proposed Reimbursement Agreement. (Exhibit 4) Such monies are eligible for reimbursement upon a successful sale of bonds. The City will receive the benefit of the full cost recovery for City staff and their consultants. Attachments: Exhibits I: Exhibit 2: Exhibit 3: Exhibit 4: Proposed Boundary Exhibit Application, dated November 9,2004 Review Committee Report Reimbursement Agreement J:\Engineer\LANDDEV\CFD's\CFD121 - MOR Y¡l1age 7\CAS for ¡·25-05.doc 9-6 OTAY RANCH VILLAGE 7 CFD BUDGET EXHIBIT QiAY ~~NCH VllLI\GE 6 SCHOOL F."'CILlTY V,¡,CANT - FUTURt:: EASTERN URBAN CHlTi:R eTAY RANCH CO TEIHAT1VE'AAP FUTURE SR-125 TS-1 ",,,,INTENANCE .RESPONSIBILITY LEGem _COD-"=-1:_~ __-.._Z:~ L.'/-:- 1__(CœI"___~ ~ ,.",_~.,_TU"''''''aII_'''''''''''' R-3 ~-~- VACANT OTA'/' RANCH V!LLAGE 7 . -- -~....,.................. ----.---..-.- ____ *_-...p'.......~~ _,__p'!CUI.~CP$j_ --- -.........,,¡--.... VAC¡\,NT OTAY RANCH VILLAGE 4 """ SWNU!FOOTAGIE!I'IUN!IEIUI.o.RfESTHATED TNCE.oFFSDERNmI'ROMPI'II!LMrWn' GRADlNGPLANL NAoKt"ENNdÞÆllSARE aAlmONTHEI..AHOSCAPi.MMTiRI'I..AN (11....141). ul,;nw,nMAlNTENNlCEUYDNÐ .....ASH...W.'YETTOIlEFNAUZ&O. 9-7 ~ilÀt~ 0,' '..<:". ..\\ McMillin l!i';1,1st,}2m~~elopment November 9, 2004 Mr. Dino Serafini City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: Application for Establishment of Community Facilities District Dear Mr. Serafini, Enclosed is the completed Application for Establislunent of a Community Facilities District for Village 7 (SPA III) of McMillin Otay Ranch, Included with the application are the following items, · Otay Ranch Village 7 Title Report · 2004/2005 Tax Bill (~) . Absorption Study For confidentiality purposes, the above information, the following financial information, as well as the Due Diligence package has been sent to Mr. Tom Johnsen ofFieJdman, Rolapp and Associates, The information included in both the Application and the Due Diligence Checklist provides a comprehensive project information package, including confidential data, · McMillin Otay Ranch Business Plan · McMillin Otay Ranch, LLC Financial Statements- Audited · McMillin Otay Ranch, LLC Financial Statements- Unaudited If further information is required, please call immediately so that we can provide any requested information, and prevent potential delays in the application process. Cc: Bridget McEwen, Special Districts Coordinator, McMillin Todd Galarneau, Project Manager, McMillin Frank Zaidle, Project Engineer, McMillin Tom Johnsen, Fieldman, Rolapp and Associates ) ..\\. McMillin Realty ..\\. McMillin Mortgage ..\~-8 McMillin land Development ..\\. McMillin Homes ..\\ McMillin (ommen::i...l Q.. ..--~" CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT APPLICATION REVIEW COMMITTEE ApPLICATION FOR ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT OWNERSHIP Name of landowner: McMillin Otay Ranch, LLC, a Delaware Iimited liability company. Please describe the ownership structure of the landowner (i.e" individuals, family trust, partnership, corporation, etc.). Please include resumes of key individuals responsible for making decisions for landowner. Please include copies of partnership agreements, articles of incorporation and bylaws, family trusts, etc. The members of McMillin Otav Ranch. LLC are McMillin ComDanies. LLC a Delaware limited liability comDanv and Merced Partners Limited PartnershiD. a Delaware limited oartnershiD with McMillin Companies. LLC as its manager. The key individuals responsible for making decisions for the landowner are Kellev ll1ene. Todd Galarneau. Frank Zaidle. and Jon Bell. If the landowner is not the current owner of the property, please provide evidence satisfactory to the City Manager that the landowner represents or has the consent of the owners not less than 67%, by area, of the property proposed to be subject to the levy of the special tax. McMillin Otav Ranch is the owner of the proDertv. PROPERTY INFORMATION (J List the foIlowing regarding the property to be included within the proposed Community FaciIities District: Number of gross acres: i 70 Number of Developable Acres: ISO (does not include circulation acreage) Number of gross acres owned by the landowner: 170 Number of gross acres owner by others: None For each parcel within the boundaries of the proposed Community Facilities District which is owned by an entity other than the landower, provide the following information: The name(s), addressees), telephone number(s) and contact(s) for each such owner. The number of gross acres owned by each such owner. NI A The Assessor's Parcel Numbers for each such parcel. NI A Number of acres proposed for development: 150 Number of acres developed to date, if any: Q List the Assessor's Parcel Numbers for,the property: 643-060- I 9-00 I 9-9 o How long have you owned the property? McMillin Otay Ranch. LLC has owned the property since September 12, 1997 What was the purchase price you paid for the property? The property was part of a transaction that included the acquisition of approximately I ,000 acres for $13,800,000, Have you entered into any option or other fonn of agreement to sell all or a portion of the property? YES X NO. If YES, please describe arrangement and attach copies of any agreements describing arrangement Describe the existing land use of the property: Vacant Is the property proposed for residential development, commercial development, or both? X RESIDENTIAL COMMERCIAL BOTH. Please state the estimated total number of any residential units proposed and the estimated total square footage of commercial development proposed. A COPy of a business plan for the development proposed on the property has been forwarded to Tom Johnsen of Fieldman. Rolapp and Associates. Do you intend to develop the property yourself? X YES NO. If YES, describe the expected timing for development of the property, If available, please list projected sales by year, listing commercial and residential development separately. J What is the status of land use approvals, subdivision maps and environmental review for the development of the property (i,e., describe the current zoning and the status of any Development Agreements, Specific Plans, tentative maps or final maps for the property)? Village 7 has GDP approval. the EIR (04-06). tentative map. and SPA plan have been adopted by the Chula Vista City Council. and a grading permit was received November 1.2004. List improvements proposed to be financed through the Community Facilities District and their estimated cost. List the public agency that will own, operate and maintain the improvements when completed. Magdalena Avenne (From Birch Road to Rock Mountain Road). Wolf Canyon Looo. Bob Pletcher Way. Connector Road La Media to Magdalena (Santa Luna Way). Birch Road Phase 1. Birch Road Phase 2, Birch Road Phase 3. Rock Mountain Road. Grading/Drainage of Wolf Canyon, Common Usabe Soace. Remaining TDIF Obligation, Public Facility Development Impact Fees. Park Acquisition Development Fee. Poggi Canyon Sewer Fee. Salt Creek Sewer Basin Fee. Total construction cost of these public improvements is estimated to be $] 8,479.705.24, It should be noted that the total construction of the authorized public improvements are in excess of the contemplated bonding caoacity of the CPO, Exhibit "A" outlines a cost estimate of the public imorovements anticioated to be authorized in the CFD. The City ofChuJa Vista will own, ooerate and maintain these proDosedimorovements. Are any public services to be financed through the proposed Community Facilities District? If so, list those services, None ) 2 9-10 0"', , ,." Have any environmental studies or reports been prepared for the property? X YES NO. If YES, list those reports. Are any impact fees owed to the City as a condition to develop the property? X YES NO. If YES, please describe the type of impact fees, amount of the fees and when fees must be paid. J Estimated Fee Timing of Fee Amount Payment Park Acauisition and Develonment Fee $5.063,579,00 Final Maa Transoortation Develooment Impact Fee 5,345,392.00 Buildina Permit Supplemental Develoament Imaact Fee 3,687,176,00 Buildina Permit Salt Creek Sewer Fee 420,280,00 Buildina Permit Poggi Canyon Sewer Basin Development Impact Fee 177,200,00 Final Maa Traffic Sianal Fee 157,196.40 Buildina Permit Residential Construction Tax 387,275.00 Buildina Permit Chula Vista Sewer Canacitv Fee 1,941,000,00 Buildinn Permit Chula Vista Sewer Admin, Fee 22,770.00 Buildinn Permit Otav Water District Caaacitv Fee 4,616,406,00 Buildina Permit Otav Water District Annexation Fee 1.717,200.00 Buildina Permit Otav Water District Meter Fee 70,765,00 Buildina Permit County Water Authoritv Caoacitv Fee 2,059,532,00 Buildinn Permit Automatic Meter Readina Fee 111,573.00 Buildinn Permit Deaartment af Health Plan Check Fee 239,085,00 Buildinn Permit Are there any endangered species habitats on the property? YES X NO, If YES, please identify the endangered species, describe the location of their habitat(s) on the property and describe any mitigation measures which must be completed as a precondition to the subdivision or development of the property. Are there any legal impediments to the planned development of the property? If so, please describe the nature of the legal impediment(s) and how such impediments will impact the planned development of the property. None Are there any geological impediments (earthquake faults, high ground water/liquifiable soils, soil slippage, etc,) to final development of the project? Ifso please describe. None Is any development currently underway on the property? YES If YES, please give a general description. Grading begins 11110/04. X NO. What are your long term plans for the property; i.e., sale of raw land, sales of improved parcels to merchant builders, sale of product to end users, long term hold, etc? Sales of improved parcels to merchant builders, ) Besides Community Facilities District financed improvements, what public and private improvements are necessary to develop the property and how are they proposed to be financed? Roadwavs. Landscaoing. Water Lines. Sewer Lines. Reclaimed Water Lines. and Drv Utilirv Facilities to be financed with a combination of eDuit'!. conventional financing. and land-secured debt financing, 3 9-11 ("7) '~ Please attach the most recent copy of your financial statements, including audited statements, if available. If you are a publicly held company, please list the date of your last 10Q or 10K filing and enclose a copy of your most recent Annual Report. A copv of audited and unaudited financial statements have been forwarded to Tom Johnsen of Fieldman. Rolapp and Associates, Include at least one reference from a bank or financial institution, including name, address and telephone number. Bank of America 450 "B" Street. Suite 680 San Dieqo, CA 92101 Ronald Montora, Sr, Vice President (619) 515-5903 Are there any existing trust deeds/loans on the property? Please state the name, address and telephone number of the lending institution and the approximate loan amount. None. Has construction financing for any of the proposed development, been obtained? _~ YES NO. If YES, please describe the source and amount of such loan. $2S.5M note from Tamarack lnt'! that encompasses V7. FIC. EUC and Lonestar Ridge. Currentlv processing an $80M loan fi'OIn B of A. estimated closing bv late-November. 2004, $2S,SM note from Tamarack Int'l will be subordinate to $80M loan when it closes, ::) What is the current status of property taxes, special taxes and assessments on the property? X PAID DELINQUENT. Have any property taxes or assessments on the property been delinquent at any time during the past 3 years? If YES, please explain, Is the landowner, any subsidiary entity or affiliated or related entity of the landowner currently delinquent or has the landowner or any subsidiary entity or affiliated entity of the landowner in the last five (5) years been delinquent in the payment of any property taxes, special taxes or assessments on property owned outside of the proposed boundaries of the Community Facilities District? YES X NO. If YES, please identifY the entity which is delinquent in such payments, the nature of such entity if the entity is not the landowner and its relationship to the landowner, the jurisdiction in which the delinquent property is located, the amount of the delinquency, the duration of the delinquency and any legal actions which have been initiated by or on behalf of the jurisdiction to recover the delinquency. Is the landowner (or any subsidianry entity or affiliated or related entity of the landowner) now delinquent or in default on any loans, lines of credit or other obligation related to the property or other development projects? YES X NO. Has the landowner (or any subsidiary entity or affiliated or related entity of the landowner) been in default on any loans, lines of credit or other obligation in the past two years related to the property or other development projects? YES--X_ NO, If YES, please explain. Has the landowner or any subsidiary entity or affiliated or related entity of the landowner ever filed for bankruptcy or been declared bankrupt? YES X NO If YES, specifY entity which filed or bankruptcy or has been declared bankrupt, the date and location of court where bankruptcy action took place, the case title and the status of the bankruptcy proceedings: ) 4 9-12 o Has any claim been made or suit been filed, or is any claim or suit now threatened against the landowner with respect to the proposed development of the property? YES X NO If YES, please attach a copy of the complaint, or if unavailable, please list the court in which the action is pending and the case number and summarize the current status of the litigation, or if the claim or action has not yet been filed please attach any documents summarizing the claim or action: Are there any other foreseeable circumstances not described above that cou1d prevent or significantly delay the proposed development of the property or adversely impact the ability of the landowner to pay the anticipated special taxes to be levied on the property owned by the landowner during the development of the property? X YES NO. If YES, please explain, The timing and completion for construction of SR 125 or the proposed interim facility. See Attached copy of the most recent preliminary title report for the property. See the attached copy of the most recent tax bill(s) for the property and evidence that current installments due have been paid. The tax bill will also be reviewed to determine overlapping tax total. The first installment of taxes wiJI not be paid until on or before December 10.2004. Have you provided a deposit to the City to pay organizational and formation costs? No. has not vet been requested. () RELATED PROJECT INFORMATION Has an absorption study been done for the proposed development of the property within the last two years? Ifso, please provide a copy. Yes. see Market Overview. Has an appraisal been done for the property within the last two years? If so, please provide a copy. If not, please provide current year assessed values for all parcels. N/A. EXPERIENCE OF LANDOWNER GROUP Describe the development experience of the landowner. Briefly describe any current or recently compieted developments undertaken by the landowner. Owner js the largest privatelv-owned land developer in San Diego County with 40 vears experience in the area, Loca1 proiects include. Otav Ranch SPA I & II. Vista Paci.fica (formerlv Robinhood Ridge). Rancho Del Rev. Bonita Long Canvon. Scripps Ranch. Scripps Ranch North. Svcamore Estates. Calavera Hills I & II. and Libeltv Station, See attached corporate literature and sales brochures, if available. N/ A. PAYMENT OF TAXES/ASSESSMENTS. Describe the source of funds that you will use to pay special taxes to be levied on your property in connection with the Community Facilities District (i.e" bank savings, land sale proceeds, loan proceeds, etc.). Combination of EQujty. Loan Proceeds ancl Land Sale Proceeds. ) 5 9-13 o C) ) -' Do you foresee any difficulty in your ability to make timely payment of the special taxes to be imposed? YES X NO, If YES, please explain, If we have additional questions regarding your property, who is the appropriate person to contact? Name: Title: Address: Kelley Thene V ice Pres ¡dent 2727 Hoover Avenue National Citv. CA 91950 Phone Number: (619) 336-3123 PLEASE RETURN THE COMPLETED FORM AND A IT ACHMENTS TO: Dino Serafini, Civil Engineer The undersigned hereby certifies that the foregoing information is true and correct as of the date set forth below. Landowner Date: By: 6 9-14 o o -J NOTICE REGARDING DISCLOSURE. The Securities and Exchange Commission recently adopted amendments (the "Amendments") to Rule 15c2-12 under the Securities Exchange Act of 1934 relating to certain required disclosure information that must be made available to prospective purchasers of municipal bonds, Under the Amendments and other federal and state securities laws, certain material information must be disclosed (i) in connection with the initial offering of bonds with respect to "material persons"; and (ii) on an ongoing basis with respect to "obligated persons." Whether a property owner/developer might be a material person or an obligated person will depend on all of the facts and circumstances. If the information you provide in response to this questionnaire indicates this might be the case, the financing team will review with you the information that may need to be disclosed to potential Bond investors in order to satisfy the Amendments and other federal and state securities laws. If information on the proposed development of your property is disclosed in connection with the sale of the Bonds, you will be required to certify at that time that the information is true and correct and does not omit to state any material fact. 7 9-15 ~\.WM's CITY OF CHULA VISTA' COMMUNITY FACILITIES DISTRICT GOAL AND POLICY REpORT APPLICATION OF MCMILLIN OTAY RANg!, LLC PROPOSED COMMUNITY FACILITIES DISTRICT NO. 12-1 VILLAGE 7 (SPA III) GENERAL BACKGROUND The applicant is McMillin Otay Ranch, LLC, the landowner. Members of the landowner. are McMillin Companies, LLC and Merced Partners with McMillin Companies, LLC as its manager. The application dated November 11, 2004 requests for fonnation of a Community Facilities District ("C.F.D.") over 170 gross acres with approximately 150 acres of developable land to finance proposed improvements. The applicant owns all of the land in Otay Ranch Village 7 (SPA III), Assessor's Parcel Number 643- 060-19-00. The developer has obtained GDP approval, EIR (04-06), tentative map, adopted SPA plan and grading permit for Village 7. Grading of the property is scheduled to begin November 10, 2004. Currently the land is vacant with no physical improvements. Proposed use is residential. Prior land use of the site was agricultural. Only foreseeable circumstance, at the time of application that could prevent or significantly delay the proposed development, is the timing and completion for construction of SR 125 or the proposed interim facility. McMillin Otay Ranch, LLC is current on its property taxes. UNDERLYING PRINCIPALS OF GOALS AND POLICIES 1. Protection of the public interest, 2. Fairness in application of special taxes to current and future property owners, 3. Full disclosure of special tax liens, 4, Credit worthiness of special tax bonds, 5. Protecting City's credit rating and financial position, 6, Applicants pay all costs associated with C.P-D. formation. J:\EngineerILANDDEV\CFD's\CFDI21- MOR Village 7\Applica9"-'t6ew - 2005 McMiIlin.doc 1 FINDING OF PUBLIC INTEREST OR BENEFIT Policy Summary The City Council may authorize proceedings if the Council detennines that the public improvements to be financed provide benefit to the community at large as well as benefit within the C.FD. Application The list of improvements proposed to be financed through the C.F.D. and owned by the City after completion. The total estimated cost for the improvements is $18,479,705.24. TDIF Roads: 1. Magdalena Avenue (From Birch Road to Rock Mountain Road) 2. Wolf Canyon Loop 3. Bob Pletcher Way 4. Santa Luna Way (Connector road, La Media to Magdalena) 5. Birch Road Phases I through 3 6. Rock Mountain Road 7. Other TDIF Obligation Non TDIF Improvements: I. Grading/Drainage of Wolf Canyon 2. Common Usable Space 3. Public Facility Development Impact Fees 4. Park Acquisition Development Fee 5. Poggi Canyon Sewer Fee 6. Salt Creek Sewer Basin Fee Discussion AUTHORIZED PUBLIC FACILITIES Policv Summary Improvements must be public improvements, which will be owned, operated or maintained by the City or other public agency, Improvements must serve a neighborhood area or greater, Application Improvements proposed to be financed will be dedicated to the City for ownership, operation and maintenance. J:\EngineerILANDDEV\CFD's\CFD12! - MOR Village 7\ApplicatgR-R :vp:w _ 2005 McMillin,doc 2 Discussion PRIORITIZATION OF PUBUC Il\fl>ROVEMENTS Policv Summary First priority of a C.F.D. established by the City is the prOV1S10n of public improvements benefiting the City. Second priority is the provision of public improvements owned, operated or managed by other public agencies. Application All improvements will be owned, operated and maintained by the City, Discussion AUTHORIZED PUBUC SERVICES Policv Summary Public services proposed to be financed may generally include 1) maintenance of parkways, medians and open space; 2) drainage and flood control and 3) other services authorized by the C.F .D. Act and adopted by the City. Application No services are proposed to be funded by this C.F.D. Discussion INCIDENTAL COSTS Policv Summary Certain eligible incidental costs may be financed via special tax bonds, Those incidental costs must be directly related to improvements financed by proceeds of such special tax bonds and are subject to not to exceed percentage limitations. Application A breakdown of incidental costs is not included with the application. : J:\Engineer\LANDDEV\CFD's\CFD12I - MQR ViJlage 7\ApplicaÞIte9cw - 2005 McMillin.doc 3 Discussion REQUIRED V ALUE-TO-DEBT RATIO Policy Summary The required value to lien ratio must be at least 4: 1. Application The value to lien ratio is not known and will not be known until completion of the appraisal, final determination of facilities to be financed and final bond issue sizing. Discussion CRITERIA FOR APPRAISALS Policy Summary The City has specific requirements for appraisal content and objectives. Application The application does not address criteria for appraisals. The City's finance team will direct the appraiser and provide guidance on scope of work and methodology consistent with policy. It is the City's intention to hire the same appraiser that worked for the City on all other recent prior C.F.D.s. Discussion MAXIMUM AGGREGATE TAXES AND ASSESSMENTS Policy Summary The maximum annual special tax installment applicable to any residential parcel shall not exceed one percent of the sales price, Total taxes shall not exceed two percent of initial sales price. The C.F.D. policy provides a mechanism to buy down to 2% at closing to meet the maximum tax policy. Application The application does not address overlapping debt Determining the maximum aggregate tax is accomplished during development of the Rate and Method of Apportionment ("RMA") and the bond sizing/debt service phase of the process. J:\Enginet:r\LANDDEV\CFD's\CFDI2I - MOR Village 7\Applicat9rrR1~w - 2005 McMil1in.doc 4 Discussion SPECIAL TAX REQUIREMENTS Policy Summary The Rate and Method of Apportionment shall adhere to specific requirements detailed within the policies. Application McGill, Martin, Self, Inc. will be charged with preparing a RMA consistent with City guidelines. It is anticipated the RMA utilized in other recent C.F.D.'s will serve as a model fòr the proposed C.F.D. Discussion TERMS AND CONDITIONS OF SPECIAL TAX BONDS Policy SummarV All terms and conditions of any tax bonds issued by the City shall be established by the City. Application Terms and conditions of a bond sale have not yet been discussed and therefore are not yet determined. Terms of a bond sale will be determined during the bond phase by the City's finance team that includes staff, financial advisor, underwriter, bond counsel and other participants. Discussion DISCHARGE OF SPECIAL TAX OBLIGATION Policy Summary Special Tax obligations may be prepaid and discharged in whole or in part at anytime. Application The City's Special Tax Consultant will prepare a RMA that contains prepayment provisions. J:\EngineerILANDDEV\CFD's\CFDI2I - MOR Village 7IApplicat9~6:w - 2005 McMillin,doc 5 Discussion PROPERTY OWNER DISCLOSURE Policv Summary Applicants are required to demonstrate that there will be full disc10sure of special tax obligations to prospective purchasers of property. Aoolication A form of disclosure was not provided with the application, Typically, disclosure forms are prepared by the merchant builders at the time of sale to end user. Discussion PREFORMATION COST DEPOSIT AND REIMBURSEMENTS Policv Summary All City and consultant costs incurred in application process and proceedings will be paid by applicant by advance deposit, Application The application states that a deposit will be provided to the City upon notification of the required amount. A deposit request and breakdown will be prepared. Discussion SELECTION OF CONSULTANTS Policv Summary The City shall select and retain all consultants. Application The City intends to keep in place the financing and consulting team used on other recent C.F,D.'s. J:\Engineer\LANDDEV\CFD's\CFDI2I· MOR Village 7\App¡icatgrrf~2v1ew - 2005 McMillin.doc 6 Discussion LAND USE APPROVALS Policv Summary The City may issue bonds secured by special taxes when a) propêrties have received applicable discretionary land use approvals consistent with financing assumptions and b) applicable environmental review is complete. A ) )lication The Developer has obtained the following entitlements: · Village· 7 Tentative Map · EIR (04-06) · Adopted SPA plan · GDP approval · Grading penn it Discussion APPLICATION PROCEDURE FOR DEVELOPMENT RELATED C.F.D.s Policv Summary Any application shall contain such information and be submitted in such form required by the City Manager. In addition each application must contain: 1. Proof of authorization if the applicant is not the owner. 2, Evidence that the applicant represents the owners of not less than 67%, by area, of property subject to proposed levy. 3. A business plan for the development of the property that reviews the financial feasibility of the C.F.D. and demonstrates the ability of tl1e owner to pay special tax installments and any other taxes or assessments until full build out. A ) )lication The information provided is preliminary and general in nature. Extensive due diligence will be required for the preparation of a disclosure document and final City decision to issue bonds. The application was the source for all information contained in this summary. , J:lEngineerlLANDDEY\CFD'sICFD12! - MOR Village 7IApplicat9~~ - 2005 McMillin,doc 7 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN OTAY RANCH, LLC - OTAY RANCH VILLAGE SEVEN) FOR A PORTION OF VILLAGE SEVEN OF THE OT A Y RANCH AND APPROVING THE FORM OF A REIMBURSEMENT AGREEMENT WHEREAS, the CITY OF CHULA VISTA, CALIFORNIA, has been presented with and has received an application ITom McMillin Otay Ranch, LLC (the "Applicant"), requesting that this City Council initiate proceedings pursuant to the Mello-Roos Cornmunity Facilities Act of 1982, as amended (Government Code Section 53311 and following)(the "Act") to form a community facilities district preliminarily designated as Community Facilities District No. 12-1 (McMillin Otay Ranch, LLC - Otay Ranch Village Seven) (the "District") for the purpose of financing all or a portion of the cost of the acquisition or construction of certain public facilities which are necessary to serve and/or required as a condition of approval of the proposed development within the District; and WHEREAS, the Applicant has requested that the District encompass that territory within a portion of Village Seven of the Otay Ranch owned by and to be developed by the Applicant; and WHEREAS, such application has, as required by the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities District (the "Goals and Policies") previously adopted by this City Council, been reviewed by the community facilities district application review committee (the "Review Committee") designated in such Goals and Policies; and WHEREAS, based upon such review and pursuant to the Goals and Policies, the City Manager has recommended that this City Council accept the report of the Review Committee and authorize the initiation of proceedings to consider the formation of the District subject to subsequent compliance of the proposed District with the Goals and Policies, including without limitation, the financial feasibility of the proposed District and the development of the property within the District; and WHEREAS, the form of a Community Facilities Reimbursement Agreement pursuant to which the Applicant has agreed to advance funds to the City to pay for all costs incurred by the City in undertaking the proceedings to consider the formation of the District and the issuance of bonds by the District to be secured by the levy of special taxes with the District has been presented to this City Council for its consideration. 1 9-23 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby accepts the Review Committee report. SECTION 3. This City Council hereby authorizes the initiation of proceedings to consider the formation of the District as requested by the Applicant subject to all requirements of the Act and the Goals and Policies. The decision of this City Council to form the District is an exercise of the legislative authority of this City Council. The adoption of this Resolution and the approval of the Reimbursement Agreement do not either collectively or separately obligate this City Council to exercise its legislative discretion in a particular manner, This Resolution does not in any way create a contractual, legal or equitable obligation of or commitment by this City Council to approve the formation of the District. This City Council expressly reserves the right to abandon the proceedings to consider the formation of the District for any reason at any time prior to the completion thereof. SECTION 4, The form of the Reimbursement Agreement by and between the City and McMillin Otay Ranch, LLC is hereby approved. The City Manager is hereby authorized to execute such agreement for and on behalf of the City with such changes thereto as the City Manager, following consultation with the City Attorney and Best Best & Krieger LL.P., deem to be in the best interests of the City. SECTION 5, This Resolution shall become effective upon its adoption. Presented by Approved as to form by ó A~ P #- Jack GriffIn Director of General Services 2 9-24 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL c) L" f Ann Moore City Attorney Dated: / / 0 )-- Communities Facility Dis 'ct Reimbursement Agreement Between City of Chula Vista and McMillin Otay Ranch, LLC 9-25 COMMUNITY FACILITIES DISTRICT REIMBURSEMENT AGREEMENT (McMillin Otay Ranch, LLC) THIS AGREEMENT is made and entered into this 25th day of January, 2005, by and between the CITY OF CHULA VISTA, a charter city ("City"), and McMILLIN OTAYRANCH, LLC, a California limited liability company ("Applicant"). RECITALS A. The Applicant has made application with the City to request that the City initiate proceedings under the provisions of the "Mello-Roos Community Facilities Act of 1982," as amended (Government Code Section 53311 and following), to form a community facilities district (the "Community Facilities District") to fmance the acquisition and/or construction of certain public improvements, The construction of such public improvements is required as a precondition to the development of properties owned and/or to be developed by the Applicant within that area of the City commonly known as McMillin's Otay Ranch Village Seven (Chu1a Vista Tract No. 05-07). B. Applicant agrees to advance funds to the City for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the formation of the Community Facilities District and to subsequently authorize, issue and sell bonds for the Community Facilities District (the "Proceedings "). Such monies shall be subject to reimbursement or credit pursuant to the provisions of this Agreement upon the successful sale of bonds for the Community Facilities District and the receipt by the City of the proceeds of such bonds. C, The parties hereto wish to enter into an Agreement to memorialize the terms and conditions pursuant to which Applicant shall advance monies and the monies so advanced may, subject to certain conditions contained herein, be reimbursed or credited against future special tax . obligations, AGREEMENT The parties hereto, for mutual consideration, agree as follows: SECTION 1. Advances. A. Applicant shall advance monies to the City in such amounts and at such times as specified below to pay all costs and expenses incurred by the City in undertaking the Proceedings (except those costs and expenses which are contingent upon the issuance of bonds for the Community Facilities District and payable solely ITom the proceeds of such bonds), including without limitation, the following: 1. Special Tax Consultant services; 2. Bond counsel services; 1 9-26 4. Appraisal and market absorption services; and 5. City staff and City Attorney time. All such costs and expenses are collectively referred to as the "Formation and Issuance Costs." B. Advances shall be made to the City pursuant to the following schedule: 1. Applicant has advanced to the City the sum of Two Hundred Seven Thousand Dollars ($207,000) receipt of which is acknowledged by the City. 2. If monies in addition to the initial advance are necessary to pay for the Formation and Issuance Costs, the City shall as necessary and ITom time to time make written demand upon Applicant and Applicant shall immediately thereafter, within five (5) working days, deposit said monies with the City to pay for the balance of the Formation and Issuance Costs. If such additional monies are not timely received, all Proceedings shall, at the option of the City, be suspended until such monies are received. SECTION 2. Records. The City agrees to keep records consistent with its regular accounting practices of the amount of monies advanced and the expenditure of such monies. Additionally, the City shall enter into and maintain contracts with all consultants, which shall specify the scope of services and compensation to be paid to all such consultants. Such records and contracts shall be available for review by the Applicant during normal business hours upon reasonable notice to the City. SECTION 3. Reimbursement. If the Community Facilities District is formed, Applicant may elect among the following options for the reimbursement of monies advanced pursuant to this Agreement: A. All monies advanced shall be reimbursed in cash solely ITom bond proceeds; B. All monies advanced shall be applied as a credit upon the special taxes to be levied against properties then owned by the Applicant; or C. A combination of the above. If the Proceedings to form the Community Facilities District are not completed and are abandoned for any reason at any time prior to the successful sale of bonds or the Community Facilities District is unable for any reason to issue or sell the bonds, there will be no obligation on the part of the City or the Community Facilities District to reimburse Applicant for any monies previously advanced pursuant to this Agreement; provided, however, the City does agree to return to Applicant any monies previously advanced which remain on deposit with the City and which the City determines are in excess of the amount necessary to pay for any outstanding Formation and Issuance Costs previously incurred by the City. SECTION 4. Ownership of Documents. All plans, specifications, reports, appraisals and other documentation as prepared as a part of the Proceedings shall become the property of the City, regardless as to whether the Community Facilities District is actually formed. 2 9-27 SECTION 5. No Obligation to Form Community Facilities District. Applicant acknowledges that the decision of the City Council to form the Community Facilities District is an exercise of the legislative authority of the City Council and that the City may not enter into a contract to obligate the City Council to exercise its legislative discretion in a particular manner. 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 Community Facilities District. The City expressly reserves the right to abandon the Proceedings for any reason at any time prior to the completion thereof. Should Applicant desire to abandon the Proceedings, Applicant shall provide written notification of such desire to the City and request the City to immediately terminate all consulting agreements and use all efforts to minimize any and all Formation and Issuance Costs. SECTION 6. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 7. Authority to Execute Agreement. The City and the Applicant represent that the individuals signing this Agreement have full right and authority to bind their respective parties to this Agreement. SECTION 8 Best Efforts. The parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. SECTION 9, Successor and Assigns. This Agreement shall be binding on and inure to the benefit of the respective parties and their respective heirs, legal representatives, successors and assigns. Applicant may not assign its rights or obligations hereunder except upon written notice to City within ten (1 0) days of the date of such assignment indicating the name and address of the assignee. Upon such notice and the assumption by the assignee in writing delivered to the City of the rights, duties and obligations of the Applicant arising under or ITom this Agreement, Applicant shall be released for all future duties or obligations arising under or ITom this Agreement. SECTION 10. Singular and Plural; Gender. Whenever used herein, the singular number shall include the plural, the plural number shall include the singular, and the masculine feminine or neuter gender shall include the others whenever the context of the Agreement so indicates. SECTION 11. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto with respect to the subject matter hereof. This Agreement may not be altered, modified or amended except by an instrument in writing executed by all of the parties. SECTION 12. Governing Law. This Agreement has been executed in and shall be governed by the laws of the State of California. SECTION 13. Construction. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing meaning. SECTION 14. Severability. In the event that anyone or more of the provisions of this Agreement that is or are material to the entering into this Agreement by eitherApp1icant or the City shall for any reason be held to 3 9-28 be unenforceable in any material respect by a court of competent jurisdiction, Applicant and the City may mutually agree that such unenforceability shall not affect any other provision of this Agreement, and that this Agreement shall be construed as if such unenforceable provision or provisions had never been contained herein. If Applicant and the City fail to so mutually agree, this Agreement shall terminate, without penalty to either party, after the giving by one party of thirty (30) days' prior written notice to the other party. In such event, the City shall use all efforts to minimize any and all Formation and Issuance Costs and shall return to Applicant any monies previously advanced which remain on deposit with the City and which the City determines are in excess of the amount necessary to pay for any outstanding Formation and Issuance Costs previously incurred by the City. SECTION 15. Notices. All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid. Notices shall be addressed as appears below for the respective party; provided that, if any party gives notice of a change of name of address, notices to the giver of that notice shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. CITY: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attention: City Manager APPLICANT: McMILLIN OT A Y RANCH, LLC 2727 Hoover Avenue National, CA 91950 Attention: SECTION 16. Time of the Essence. Time is of the essence in the performance of the parties respective obligations herein contained. SECTION 17. Waiver. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. SECTION 18. Amendment. No provision of this Agreement may be modified, waived, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. SECTION 19. Hold Harmless. Applicant shall defend, indemnify, protect and hold harmless the City, its elected officials and appointed officers, èmployees and consultants retained for purposes other than 4 9-29 formation of the Community Facilities District, ITom and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising directly or indirectly out of the waiver by the City Council of the City's procedures for the selection of any of the consultants identified in Section I. and retained by the City to assist in undertaking the Proceedings. Applicant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, employees or consultants retained for purposes other than formation of the Community Facilities District in defending against such claims, whether the same proceed to judgment or not. Further, Applicant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, employees or consultants retained for purposes other than formation of the Community Facilities District. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the consultant. [Remainder of this page intentionally left blank.] 5 9-30 Signature Page to Community Facilities District Reimbursement Agreement between the City of Chula Vista and McMillin Otay Ranch, LLC IN WITNESS WHEREOF, City and Applicant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms. CITY OF CHULA VISTA Attest: By: City Manager City Clerk Approved as to Form: City Attorney City of Chula Vista McMILLIN OT A Y RANCH. LLC a Delaware limited liability company By: McMillin Companies, LLC a Delaware limited l' ompany Its: Manager B' V \ \ , By: v· p- Its: . (Attach Notary Certificate) 6 9-31 ·\~ McMillin Land Development A Corky McMillin Company } STATE OF CALIFORNIA }ss. COUNTY OF SAN DIEGO } On January 04.2005 , before me, Brenda N. Henderson. Notary Public personally appeared Todd Galarneau & Kellev Thene, personally knoWn to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signatu;día4~4: æ~~¿~ . p / ."..-.;;.~~^..~,....,.~4"<>~ ( ~ BReiDA N, HENDERSON ) ;::4;:' ". Cr+¡,;·"U 1364428 1:i to ~\ro¡!''; ~ Nv'¡ ,_I',' ,IBUC-CALIFOANIA ~ .... \ ',¿.-, _. ,..OUNTY ~ "'- "'-.;'., _:,'_¡~t IEGO..J ") ~,,¡.., MY C(:[,,¡.~,~.·_ ',r, r:. IP,?-=.:¡ JULY 12, 2«)13 ( ~"'~~~.<.iP·'~"""","IO"'~f'~~~~ This area fcroffidal notarial seal McMillin Otav Ranch, LLC, Communitv Facilities District Reimbursement AClreement , 6\\. 6\\ 6\\. 6\\. 6\\. McMillin Realty McMillin Mortgage McMillin Land Development McMillin Homes McMillin Commercial 9-32 Corporate Office . 2727 Hoover Avenue . National City, CA 91950 . Tel (619) 477A117 ~ Fax (619) 336-3112 . www.mcmillin.com COUNCIL AGENDA STATEMENT Item ! 0 Meeting Date: 01/25/05 ITEM TITLE: Resolution Authorizing the Director of General Services or the Director of Public Works Operations to execute change orders for the Local Streets Pavement Rehabilitation Program (project STL-293) in an amount not to exceed $315,000 and authorizing the expenditure of all available contingencies as necessary to complete the project SUBMITTED BY: Director of General Services<h ~ ' Director of Public Works Operations REVIEWED BY: City Manage'f!;'1.i (4/5ths Vote: Yes_No-KJ On July 20, 2004, the City Council approved Resolution No. 2004-224 accepting bids and awarding contract in the amount of $2,079,254 to SRM Contracting & Paving for the "Local Streets Pavement Rehabilitation Program in the City of Chu1a Vista, California (STL-293)" project. The available contingencies in the amount of $315,000 will include the removal and repaving of selected street areas, cold milling, crack sealing, AC pavement overlay, replacement of traffic signal loop detectors, traffic control, striping and marking, and other miscellaneous items of work. It is the intention of City staff to execute any change orders as necessary on behalf of the City to expend said amount. RECOMMENDATION: That Council authorize staff to increase the value of the contract to a maximum of $315,000 in available contingencies for this project and authorize the Director of General Services or Director of Public Works Operations to execute any change orders necessary on behalf of the City to expend said amount, BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable DISCUSSION: The scope of work of this project consists of pavement rehabilitation of City streets using AC pavement overlay. The work includes removal and repaving of selected street areas, cold milling, AC pavement overlay, installation of pedestrian ramps, replacement of traffic signal loop detectors, traffic control, striping and marking, and other miscellaneous items of work. City Council Resolution No. 2004-224 awarded the contract to SRM Contracting & Paving for $2,079,254, and approved $315,000 in contingencies for the project. Due to unforeseen circumstances, which occur during the digout process of the pavement rehabilitation, the scope of the rehabilitation sometimes increases once the subgrade of the pavement area is exposed and poor soil conditions are encountered. As a result of these circumstances, digout quantities exceed what was anticipated, which was originally;based on surface evaluation by City staff prior 10-1 Page 2, Item L Meeting Date: 01/25/05 to the digout process. The resultant net cost per street for pavement rehabilitation, due to the increase in digout quantities, thus increases accordingly. Staff requests that the available contingencies be used for the additional scope of work for the project. FISCAL IMPACT: The contract to SRM Contracting & Paving may be increased to a maximum of $315,000 for additional street rehabilitation. Upon completion of the subject project, the improvements will require only routine City street maintenance. J:IGeneral ServiceslGS AdministrationlCouncil Agenda\STL293 Pavement Rehab FY041STL293 CO 120704 AI 13a,doc 10-2 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF GENERAL SERVICES OR THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE CHANGE ORDERS FOR THE LOCAL STREETS PAVEMENT REHABILITION PROGRAM (PROJECT STL-293) IN AN AMOUNT NOT TO EXCEED $315,000 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AS NECESSARY TO COMPLETE THE PROJECT WHEREAS, on July 20, 2004, the City Council approved Resolution No, 2004-224 accepting bids and awarding contract in the amount of $2,079,254 to SRM Contracting & Paving for the "Local Streets Pavement Rehabilitation Program in the City of Chula Vista, California (STL-293)" project; and WHEREAS, the available contingencies in the amount of $315,000 will include the removal and repaving of selected street areas, cold milling, crack sealing, AC pavement overlay, replacement of traffic signal loop detectors, traffic control, striping and marking, and other miscellaneous items of work; and WHEREAS, it is the intention of City staff to execute any change orders as necessary on behalf of the City to expend the amount; and WHEREAS, due to unforeseen circumstances, which occur during the dig out process of the pavement rehabilitation, the scope of the rehabilitation sometimes increases once the sub grade of the pavement area is exposed and poor soil conditions are encountered; and WHEREAS, as a result of these circumstances, dig out quantities exceed what was anticipated, which was originally based on surface evaluation by City staff prior to the dig out process; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chu1a Vista does hereby authorize the Director of General Services or the Director of Public Works Operations to execute change orders for the Local Streets Pavement Rehabilitation Program (Project STL-293); BE IT FURTHER RESOLVED that all available contingencies are hereby authorized for expenditure to complete the project. Approved as to form by d!." ? (ÝI~ oore City Attorney Presented by Jack Griffin Director of General Services J:\attomey\reso\tinance\ public works $315,000 10-3 COUNCIL AGENDA STATEMENT Item I' Meeting Date: 1/25/05 ITEM TITLE: Resolution Accepting bids, rejecting bids due to disparities in the bid proposal and awarding contract for "Sidewalk Improvements at 1101 Twin Oaks Avenue, South Side of Naples Street in the City ofChula Vista, California (STL-307)" project. SUBMITTED BY: Director of General Services ~ÿ-\., . fr- v CIty Manager 11' p\ (4/5ths Vote: Yes_NoX) REVIEWED BY: On December 3, 2004, the Director of General Services/ City Engineer received sealed bids for the "Sidewalk Improvements at 1101 Twin Oaks Avenue, South Side of Naples Street in the City of Chula Vista, California (STL-307)" project. The work to be done includes excavation and grading, P.C.C. sidewalks, P.C.C. driveways, asphalt concrete pavement, removal and disposal of existing improvements, traffic control, other miscellaneous work, and all labor, material, equipment and transportation necessary for the proj ect. RECOMMENDATION: 1. That Council rej ect the bid submitted by the apparent low bidder, MJC Construction, for the "Sidewalk Improvements at 1101 Twin Oaks Avenue, South Side of Naples Street in the City of Chu1a Vista, California (STL-307)" project. 2. That Council reject the bid submitted by the apparent second lowest bidder, Portillo Concrete, Inc., for the "Sidewalk Improvements at 1101 Twin Oaks Avenue, South Side of Naples Street in the City of Chula Vista, California (STL-307)" project. 3, That Council accept bids and award the contract for the "Sidewalk Improvements at 11 0 1 Twin Oaks Avenue, South Side of Naples Street in the City of Chula Vista, California (STL- 307)" project to the third lowest bidder, Heffler Company, Inc. of National City, California, for $25,000.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This project provides for the installation of sidewalk and driveways along the south side of Naples Street at 1101 Twin Oaks AVenue. The work to be done includes excavation 11-1 Page 2, Item / I Meeting Date: 1/25/05 and grading, P.C.C. sidewalks, P.C.c. driveways, asphalt concrete pavement, removal and disposal of existing improvements, traffic control, other miscellaneous work, and all labor, material, equipment and transportation necessary to construct the project in accordance with City standards. Engineering staff prepared plan, specifications, and requested bid proposals ITom three contractors. Staff received and opened bids on December 3,2004. B'd . d fi 11 1 1 proposa s were receIVe as 0 ows: Contractor Original Base Bid Total Amount* Actual Base Bid Amount** MJC Construction $23,660.00 $25,660.00 Portillo Concrete, Inc. Non-Responsive $24,600.00 Heffler Company Inc. $25,000.00 $25,000.00 -The "Original Base Bid Total Amount" reflects the total amount bid by the contractor as stated in their bid proposal. --The "Actual Base Bid Amonnt" reflects the total amount bid by the contractor subsequent to a review of their bid proposal by City Staff, The original low bid, submitted by MJC Construction is below the Engineer's estimate of $24,732,50 by $1,072.50. However, subsequent to a review of said contractor's bid, proposal by City staff, a disparity between the grand total of the various bid items and the grand total provided in their bid proposal was discovered. The disparity resulted in the base bid grand total for said contractor to be increased by $2,000.00. Their base bid grand total for the project is now $25,660,00. The increase to their base bid grand total disqualified the contractor as low bidder for the project and now ranked them as third lowest bidder. Based on the bid deviations, City staff recommends that the original low bid, submitted by MJC Construction, be rejected by Council. The second low bid, submitted by Portillo Concrete, Inc. is also below the Engineer's estimate of $24,732.50 by $132.50. However, subsequent to a review of said contractor's bid proposal by City staff, their bid proposal was non-responsive. Portillo Concrete, Inc. failed to put the total amount bid on their bid proposal. Based on the bid deviations, City staff recommends that the original bid, submitted by Portillo Concrete, Inc., be rejected by Council. Based on the disqualification of the original first and second low bidders for the project, the third lowest bid for the project, submitted by Heffler Company, Inc. was reviewed by City staff for potential award of the contract. The third lowest bid is above the engineer's estimate of $24,732.50 by $267.50. It is staffs opinion that the bid submitted by Heffler Company, Inc. is responsive. City staff has verified the references provided by the contractor and their work has been satisfactory. Staff, therefore recommends awarding the contract to Heffler Company, Inc. of National City, California, in the amount of $25,000.00. 11-2 Page 3, Item ) J Meeting Date: 1/25/05 Disclosure Statement Attachment "A" is a copy of the contractor's Disclosure Statement. Enviromnental Status The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no further environmental review is necessary. Wage Statement Contractors bidding this proj ect were not required to pay prevailing wages to persons employed by them for the work under this project. FISCAL IMPACT FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Heffler Company, Inc.) $25,000.00 B. Contingencies, 20% $5,000.00 C. Design, 40% $10,000.00 D. Construction Inspection, 25% $6,250.00 E. Survey, 26% $6,500.00 TOTAL FUNDS REQlliRED FOR CONSTRUCTION $52,750.00 FUNDS AVAILABLE FOR CONSTRUCTION A. 73300-7999/2415307227 -400000 $52,750.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $52,750.00 Upon completion of the project, the improvements will reqUIre only routine City street maintenance. Attachments: A - Contractor's Disclosure Statement H:\GENERAL SERVICES\AGENDA\STL307A113-CM,DOC 11-3 ATTACHMENT A CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 10 1-0 1, prior to any action upon ,matters that will require discretionary action .. by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chu1a Vista election must be filed. The following infonnation must be disclosed: 1. List the names of all persons having a fmancial interest in the property that is the subject of the application or the contract, e,g., owner, applicant, contractor, subcontractor, material supplier. fJ! ¡;- 2. If any person' identified pursuant to (1) above is a corporation or partnerslúp, list the names of all individuals with a $2000 investment in the business (co'1'oration/partnership) entity. µJ¡t: . . 3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or benefici~ J trustor of the trust. , 4, Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. ¡J!Ír { 6 J:\EngineerlDESIGNISTL307\/nfonnal Contract Sidewalk (1101 Twin Oaks}-REV.doc 11-4 5. Has any person' associated with this contract had any financial dealings with an official" of the City ofChula Vista as it relates to this contract within the past 12 months? Yes_ N0-X- If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6, Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? N~ Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chu1a Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No ~ If Yes, which official" and what was the nature of item provided? Date: ".Ij r/--¿!(nfl"¡ I c ~ ¿;~A::Ñ~i! Signature of Contractor/ Appli ant 'Rtm.Ìc,.k. A. J{(.í-AeIL Print or type name of Contractor/Applicant , Person is defined as: any individual, firm, co-partnership, joint venture, association, socia] club, rratemal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. " Official includes, but is not limited to: Mayor, Council member, Planning Conunissioner, Member of a board, commission, or committee of the City, employee, or staff members, 7 J:\EngineerIOESIGNlSTL307\Jnformal Contract Sidewalk (1101 Twin Oaks)-REV,doc 11-5 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING BIDS DUE TO DISPARITIES IN THE BID PROPOSAL AND AWARDING THE CONTRACT FOR "SIDEWALK IMPROVEMENTS AT 1101 TWIN OAKS AVENUE, SOUTH SIDE OF NAPLES STREET IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-307)" PROJECT WHEREAS, on December 3, 2004, the Director of General Services/City Engineer received the following sealed bids for the "Sidewalk Improvements at 1101 Twin Oaks Avenue, South of Naples Street in the City ofChu1a Vista, California (STL-307)" project: Contractor Original Base Bid Total AmOtmt* Actual Base Bid Amount** MJC Construction $23,660 $25,660 Portillo Concrete, Inc. Non-Responsive $24,600 Heffler Company Inc. $25,000 $25,000 * The "Original Base Bid Total Amount" reflects the total amount bid by the contractor as stated in their bid proposal. ** The "Actual Base Bid Amount" reflects the total amount bid by the contractor subsequent to a review of their bid proposal by City Staff. WHEREAS, this project provides for the installation of sidewalk and driveways along the south side of Naples at 1101 Twin Oaks Avenue; and WHEREAS, MJC Construction submitted the apparent low bid of $23,660, however, subsequent to a review of said contractor's bid proposal, a disparity between the grand total of the bid's line items ($25,660) and the grand total ($23,660) was discovered; and WHEREAS, based on this bid irregularity, City staff recommends that the apparent low bid, submitted by MJC Construction be rejected; and WHEREAS, the apparent second low bid, submitted by Portillo Concrete, Inc. also contained a deviation, namely that Portillo did not include a total amount in their proposal (only line items where proffered); and WHEREAS, based on this bid irregularity, City staff recommends that the apparent second lowest bid, submitted by Portillo Concrete be rejected; and WHEREAS, because the apparent first and second low bidders were disqualified, the third responsive bid was submitted by Heffler Company, Inc.; and 11-6 WHEREAS, the low bid by Heffler Company, Inc. is above the City Engineer's estimate of$24,732,50 by $267,50, or 1.1 %; and WHEREAS, Engineering staff checked the references provided by Heffler Company and all references were verified and their work has reportedly been satisfactory; and WHEREAS, staff has reviewed the low bid and recommends awarding the contract to Heffler Company, Inc. of National City, California for $25,000; and WHEREAS, while no special minority or women owned business requirements were necessary as part of the bid documents, however, disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project is exempt ITom CEQA pursuant to Section 15301(c)(1), replacement or reconstruction of existing facilities, of the State CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a Vista does hereby accept the bids and awards a $25,000 contract for the "Sidewalk Improvements at 1101 Twin Oaks Avenue, South of Naples Street in the City of Chu1a Vista, California (STL-307)" project to Heffler Company, Inc. Presented by Approved as to form by Jack Griffin Director of General Services ~?,t4-- Ann Moore City Attorney J:\attomey\reso\bid sidewalk improvements twin oaks 11-7 2 COUNCIL AGENDA STATEMENT Item Meeting Date 1/25/05 ))- ITEM TITLE: Resolution Approving Seventh Amendment to Agreement between San Diego Transit Corporation (SDTC) and City OfChu1a Vista for Unified Telephone Information System (UTIS) A / SUBMITTED BY: Director of Public Works operationtf /' REVIEWED BY: City Manager $t pI'" (4/5ths Vote: Yes_No X) This resolution would maintain CVT's participation in the UTIS via an agreement. Council approved the previous amendment to the agreement on June 17,2003. This service providesChu1a Vista Transit (CVT) riders and persons outside the region with telephone and online schedule information both on CVT and on all fixed route transit systems operating in the County. This agreement for FY 2004-05 continues CVT's participation in this regional transit information system at a cost of $56,469.96. RECOMMENDATION: That Council approve Resolution approving Seventh Amendment to Agreement between San Diego Transit Corporation and City of Chu1a Vista for Unified Telephone Information System for the period FY 2004-05. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The following transit operators participate in the regional UTIS operated by SDTC: San Diego Trolley, North County Transit District, San Diego Transit, MTDB Contract Services, National City Transit, Coaster and CVT, City residents receive schedule and transfer information on all systems operating in the County. The telephone information system is available 7 days a week between the hours approximately 5:30 a.m. and 11:00 p.m. There is also a 24 hour automated telephone information system and an online transit information site. The total system cost is allocated to each transit operator based on the percentage share of calls originating fÌom each operator's service area. These percent allocations are based on the previous three-year totals calls answered and are updated annually. FISCAL IMPACT: The City OfChula Vista's share ofthe FY 2004-05 UTIS cost is $ 56,469.69. This cost is contained in the Transit Division budget, which is funded by MTS Consolidated TDA Article 4.0 funds. No City OfChula Vista's General Fund contributions support this agreement. Attachment: Seventh Amendment to Unified Telephone Information System Agreement H:\Public Works Operations\AI13's 2005\A113 Unified Telephone Information System - Seventh Amendment.doc 12-1 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SEVENTH AMENDMENT TO AGREEMENT BETWEEN SAN DIEGO TRANSIT CORPORATION (SDTC) AND CITY OF CHULA VISTA FOR UNIFŒD TELEPHONE INFORMATION SYSTEM (UTIS) WHEREAS, various transit operators participate in the regional UTIS operated by SDTC; and WHEREAS, city residents receive schedule and transfer information on all systems operating in the county; and WHEREAS, the telephone system is available 7 days a week between the hours approximately 5 :30 a.m. and 11 :00 p.m. There is also a 24 hour automated telephone information system and an online transit information site; and WHEREAS, this service provides Chula Vista Transit (CVT) riders and persons outside the region with telephone and online schedule information both on CVT and on all fixed route transit systems operating in the county; and WHEREAS, the agreement for FY04/05 continues CVT's participation in this regional transit information system at a cost of$56,469.96; and WHEREAS, the total system cost is allocated to each transit operator based on the percentage share of calls originating from each operator's service area. These percent allocations are based on the previous three-year totals calls answered and are updated annually; and NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City ofChu1a Vista does hereby approve the Seventh Amendment to the Agreement between the San Diego Transit Corporation and City of Chu1a Vista for Unified Telephone Information System for the period FY 2004-05. BE IT FURTHER RESOLVED that the Mayor of the City of Chu1a Vista is hereby authorized to execute said Seventh Amendment on behalf of the City of Chula Vista. Presented by Approved as to form by ~~~~, Ann Moore City Attorney Dave Byers Director of Public Works Operations J :Attorney/Resd Amendment/7th! Amendment UTIS 1 12-2 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~ t<:...J... ~~ Ann Moore City Attorney Date<t\CUt\h<l-r~ \~ 1t,~<:;. 7th Amendment to Agreément between San Diego Transit Corporation (SDTC) and City ofChula Vista for Unified Telephone Information System (UTIS) 12-3 Agreement between the San Diego Transit Corporation (SDTC) and City of Chula Vista for Unified Telephone Information System SEVENTH AMENDMENT TO THE AGREEMENT In accordance with Sections 7 A and 8 of the above mentioned agreement, the following changes in the agreement as of July 1, 2004, are hereby agreed upon: RecitaJs WHEREAS, City operates Chula Vista Transit (CVT), a fixed-route bus system; and WHEREAS, SDTC has jointly in the past maintained a Transportation Information System providing information to telephone callers about CVT operations and relating to fare, route and other operational information; and WHEREAS, such a relationship has benefited both SDTC and City in terms of effectiveness and efficiency; and WHEREAS, SDTC and City desire to continue this relationship. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, SDTC and City agree as follows: Section 2. Oblintions of Citv Delete Paragraphs A and B and replace as follows: A. City agrees to pay to SDTC the sum of fifty-six thousand, four hundred sixty nine dollars ($56,469.96) in return for the use of its Telephone Information System (TIS) to disseminate rider information by telephone during the period of July 1, 2004 through June 30, 2005. 12-4 Amendment to the Agreement between SDTC and City ofChulaVista Page 2 B. Payment for this sum shall be made on a monthly basis no later than ten (10) days after receipt of invoice ITom SDTC. Payment for each month shall be the amount of four thousand, seven hundred five dollars and eighty-three cents ($4,705.83). Section 7. Term of A!!l"eement and Termination Delete Paragraph A. and replace as follows: A. This amendment shall become effective at 12:01 a.m. on July 1,2004 and shall expire at 12:00 midnight on June 30, 2005, unless otherwise terminated as provided herein, or unless mutually extended by written agreement prior to such expiration date. All other provisions of this agreement shall remain in force. SAN DIEGO TRANSIT CORPORATION CITY OF CHULA VISTA by Claire Spiel g Preside General Manager Iß¡;'~ by Mayor Date: Date: Attest: City Clerk Approved as to Form: City Attorney 12-5 CITY COUNCIL AGENDA STATEMENT ITEM NO.: MEETING DATE: I?; 01/25/05 ITEM TITLE: RESOLUTION APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS FOR FISCAL YEAR 2004-05 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS AND AUTHORIZING THE MAYOR TO EXECUTE SAID GREEMENTS l-.~ COMMUNITY DEVELOPMENT DIRECTOR SUBMITTED BY: , ' REVIEWED BY: CITY MANAGER& 4/5THS VOTE: YES D NO ~ BACKGROUND On May 11. 2004. the City Council approved activities to be funded through_ its Community Development Block Grant (CDBG) Program and submission of the City's Consolidated Annual Plan for FY 2004-05 to the U.S. Department of Housing and Urban Development. The Consolidated Plan outlines those activities to be funded and serves as the City's application for CDBG funds. CDBG funds available for FY 2004-05 total $2.577,719. $2,379,000 from the City's annual CDBG Entitlement Grant and an additional $198.719 from the available unencumbered balance of CDBG funds. The Annual Plan and the specific activities to be funded are subject to HUD's review and approval. The City received its Agreement with HUD for the CDBG funding and approval of activities in late October 2004. At this point in time. staff is requesting approval of CDBG Funding Agreements with each of the organizations/activities [also known as "Subrecipients") approved for funding. In accordance with the federal regulations governing the CDBG Program, a written agreement between the City and the subrecipient outlining the terms and obligations of such funding is required. RECOMMENDATION That the City Council adopt the resolution approving the Community Development Block Grant (CDBG) agreements for fiscal year 2004-05 between the City of Chula Vista and various community groups and authorizing the Mayor to execute said agreements. 13-1 PAGE 2, ITEM NO.: MEETING DATE: BOARDS/COMMISSIONS RECOMMENDATION /ô 01/25/05 Not applicable. DISCUSSION The ogreements between the City and the Subrecipients cover the period from July 1, 2004 to June 30, 2005. Eoch ogreement has severol exhibits ottoched which are incorporated into the agreements. A somple Agreement and the exhibits ore ottached. The agreements ore with the following non-city orgonizotions for the purpose and omount stoted: Program/Project Allocation Charles 1. Cheneweth Foundation Chuia Vista Veterans Home Foundation Ci of Chula Vista-Public Libra Dress for Success/Suits ou SD Geo e G Glenner Alzheimer's Famil Ctr. Lutheran Social Services 60 s & Girls Club - Lauderbach 60 s & Girls Club - Oleander Chula Vista American Little Lea ue Chula Vista National Little Lea ue Chula Vista Fast itch Girls Softbail Lea ue Southwestern Coile e 13-2 32 086.00 3 500.00 8 000.00 8 000.00 5 000.00 58 275.00 8 000.00 29 000.00 17000.00 113 039.00 6 000.00 44 100.00 20 000.00 352000.a 39 000.00 65 000.00 60 000.00 75 925.00 38 000.00 277,925.00 10 000.00 37.751.00 FISCAL IMPACT PAGE 3, ITEM NO.: MEETING DATE: 1$ .01/25/05 These contracts, totaling $731,616, will be funded out of the City's 2004-05 CDBG entitlement ond unencumbered CDBG fund balance. ATTACHMENTS Attachment A: Sample COSG Agreement with the following Exhibits: Exhibit A Exhibit B Exhibit C Exhibit D The Statement of Work and Performance Schedule describes the services the agency will be providing and the estimated number of people who will be provided each of these services each monfh. The performance schedule will be used to monitor each agency's progress in completing the scope of work. (This exhibit is provided by each of the subrecipients) The Itemized Budget shows exactly how the agency intends to expend the COSG funds. This itemized budget will be used to monitor expenditures through the year. (This exhibit is provided by each of the sub recipients) The HUD Income Limits for the San Diego Standard Metropolitan Statistical Area will be used to determine the number of low-income households/persons served. Each program is required to serve a minimum of 51 percent low- income households/persons. City of Chula Vista Disclosure Statement 13-3 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS FOR FISCAL YEAR 2004-05 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS WHEREAS, the City participates in the Community Development Block Grant and HOME Investment Partnership (HOME) programs, a principal goal of which is to fund projects and services which will benefit low-income Chu1a Vista households; and WHEREAS, the City Council of the City of Chu1a Vista held a Public Hearing on April 6, 2004 to review and receive public comment on the draft Consolidated Annual Plan for fiscal year 2004-05; and WHEREAS, on May 11, 2004 the City Council of the City of Chula Vista approved the CDBG and HOME program budgets for fiscal year 2004-05; and WHEREAS, the City is desirous of having certain services for the benefit oflow-income households performed by the sub-grantees; and WHEREAS, the sub-grantees warrant and represent that they are experienced and staffed in a manner such that they can prepare and deliver the services required by the Grantor within the timeframe herein provided all in accordance with the terms and conditions of this Agreement; and WHEREAS, in the event that HUD should withdraw the City's CDBG and HOME funding, the City is not obligated to compensate the sub-grantees for program expenditures. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the CDBG Funding Agreements for those Agencies and activities attached hereto as Exhibit A and authorize the Mayor of the City of Chula Vista to execute said agreements for the purpose and amount stated on behalf of the City of Chula Vista, Presented by Approved as to form by Laurie A. Madigan Director of Community Development ~!Þ-u Jty Attorney J:\COMMDEV\R.ESOS\2005\2004-05 CDBG Agreements Resolution.doc : 13-4 REVISED EXHIBIT "A" City Of Chula Vista Community Development Block Grant (CDBG) Program CONSOLIDATED PLAN ACTIVITIES FY 2004-05 Program/Project Allocation Charles 1. Cheneweth Foundation 32 086.00 Chula Vista Veterans Home Foundation 3 500.00 Ci of Chula Vista-Public Libra 8 000.00 Dress for Success Suits ou SD 8 000.00 Geor e G Glenner Alzheimer's Famil Ctr. 5 000.00 Lutheran Social Services 58 275.00 Bo s & Girls Club - Lauderbach 39 000.00 Bo s & Girls Club - Oleander 65 000.00 Chula Vista American Little Lea ue 60 000.00 Chula Vista National Little Lea ue 75 92S.00 Chula Vista Fast itch Girls Softball Lea ue 38 000.00 277,925.00 South Cou n Partners hi Contractin 0 ortunities Center Small Business Dev. & International Trade Southwestern Colle e Center 10 000.00 Total Economic Develo ment Fundin $ 37. 751.00 13-5 ".----. ,....---.--,.-.-- ************THIS PAGE BLANK***************** · · · · 13-6 AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF «COMPANY" IN REGARD TO THE EXPENDITIJRE OF COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) FUNDS FOR «PROGRAM>. THIS AGREEMENT is made this of , 2005, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and the , a non-profit organization, ("Grantee"), and is made with reference to the following facts: RECITALS WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund prognms and services which will benefit low and moderate-income Chula Vista households; WHEREAS, the City has entered into a separate funding weement with HUD for the City's annual CDBG enridement; WHEREAS, the City Council of the City of Chula Vista held a public hearing on April 6, 2004 to receive public comment and testimony. CDBG entitlement funds were allocated on May 11, 2004, a portion of which was allocated for the Grantee; WHEREAS, the City is desÌIous of having those certain services for the benefit of low-income households, hereinafter enumerated, performed by the Grantee; WHEREAS, HUD requires the execution of a written agreement serring the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee wattants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the tenns and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of AgJ'eement. The term ofthis weement shall be for a period of one (1) year, ftomJuly 1, 2004 through June 30, 2005, Any funds not reimbursed by the City to the Grantee prior to June 30, 2005 will revert back to the City, 2, Statement of Work Schedule, The Grantee shall perform those duties described in the Statement of Work in Exhibit A, attached hereto and incorporated herein. These services shall be provided during the term of this weement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Req1lÌIement The services to be performed by Grantee shall be provided primarily to persons oflow-income households, A minUnum of 51 % of the persons provided services shall be oflow income, as determined by the most =ent HUD Income Limits for the San Diego SMSA, a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. Attachment "A" 1~-7 4, Compensation and Budget. In consideration for Grantees performance of the work described in Section 2 hereof and on the condition the City receives sufficient CDBG funds and appropriates them for the pw:poses provided for in this Agreement, the City shall reimburse Grantee up to a maximum of $<<AmouncFunded_", payable as set forth in Section 5 below, An itemized budget for said reimbursable expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. . 5. Reimbursement Payments. Payment of those City appropriated funds shall be made to Grantee in monthly or quarterly installments, in arrears, as determined by the Grantee as set forth in Exhibit B, following receipt of the "CDBG Expense Reimbursement Claim Form" from the Grantee, Expenses itemized on the "Expense Reimbursement Claim Fonn" shall be limited to actual expenses incurred during the period specified on said form, and shall not include any anticipated costs, Grantee shall attach Xeroxed copies of all source documentation, such as receipts, bills, time sheets, etc. and shall provide reasonable proof of actual expenses incurred. Reimbursement Claim Forms will not be processed unless accompanied by the required documentation. Spreadsheet formats are not acceptable, The Grantee understands and accepts that in the event that BUD should withdraw the City's CDBG and HOME funding, the City is not obligated to compensate said Grantee for its expenditures. 6. Reports, The Grantee shall provide the City with a quarterly report, submitted no later than 30 days after the last day of the previous quarter, which includes a narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. Failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the report has been submitted In addition, said report shall include the following statistical data for persons/households served during the previous quarter. (a) The total number of persons/households served; (b) The number of persons/households receiving each type of service provided; (c) Of the persons/households served, the number of residents and non-residents of Chula Vista; (d) Anoual gross household income by standard categories, adjusted for family size (low, moderate, other); (e) Race or ethnicity according to standard categories (\Vhite; Black/African American; Asian; American Indian/Alaskan Native; Native Hawaiian/Other Pacific Islander; American Indian/Alaskan Native and White; Asian and White; Black/African American and White; American Indian/Alaskan Native & Black/African American; Other); (f) Number of female-headed households served; (g) Narrative of contract objectives (in Agreement) comparing current objectives vs, original objectives in Agreement, Provide explanation if not meeting original objectives. 7. Assignment, Because of its unique qualifications, City is looking solely to Grantee to perform the work designated in this Agreement. The perfonnance of this Agreement may not, by sub-agreement, be assigned to any other entity without prior written consent of the City. 8, Financial Records and Audits, The Grantee shall maintain all financial records for three years following the term of this Agreement, The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum, the following information for each client served: income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City CDBG funds, 9, Rc;presentatives, The Community Development Director, or his/her designated representative, shall represent the City in all matters of this Agreement. The Executive Director, or his/her designated representative, shall represent (insert organization) in all matters of the Agreement, . 10. Uniform Administrative Requirements, The Grantee shall comply with the applicable unifonn administrative requirements as described in HUI5 regulation 24CFR 570,502, This BUD regulation 1~-8 requires cQmpliance with certain sections of 24 CFR part 85 "Unifonn Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", 11. Other Program Requirements. The Grantee shall carry out each activity specified under this Agreement with all Federal laws and regu1ations described in 24 CPR 570, Subpart K, with the following exceptions: a) The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee doe¡ not a¡¡wne responsibility for initiating the review process under the provisions of 24 CPR 570,612, 12. Accounting Procedure, The Grantee agrees to abide by the requirements ofOMB Circular A-122 "Cost Principles for Non-Profit Organizations". The Grantee shall account for use of Block Grant funds separately from other funds so as to demonstrate that the funds are used for their designated purposes, 13, Program Income, Aoy program income derived from CDBG funds shall be reported to the City and shall only be used by grantee for the services funded under this Agreement. Program Income is defined as interest received on funds placed in an interest-bearing account with a financial institution. All provisions of this Agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when tlùs agreement expires, or is received after expiration of this agreement, then said program income shall be paid to the City. 14, Conditions for Religious Ot;ganizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the BUD regulations 24 CFR 570.2000) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. 15, Drug-free Workplace, The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobb.ying of Federal Officials. The Grantee shall not use any funds provided under this Agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If Grantee utilizes any other funds for any of the aforementioned purposes, theo the Grantee shall complete and submit Standard Fonn-UL, "Disclosure Fonn to Report Lobbying", in accordance with its instructions. 17. Insurance. Grantee represents that it, its agents, and staff employed by it, are protected by the following insurance coverage: Worker's Compensation insurance, where applicable by law; and General Liability insurance including bodily injury and property damage coverage to the extent required by this Agreement. Grantee will provide to the City, prior to commencement of the services required under this Agreement, the following certificates of insurance: a) Statutory Worker's Compensation coverage plus $1,000,000 Employer's Liability coverage; b) General Liability coverage to $1,000,000 combined single limit which names the 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 in the same manner as members of the general public ("cross-liability coverage''); c) Automobile Liability coverage to $1,000,000 combined single limit, if Grantee, its agents, and staff employed by it, will utilize auto in the scope of its Agreement for the City. The insurance shall be issued by an Admitted insurer with an AM Best's rating of A-V or better, except as otherwise approved by the City at its sole discretion, In addition, if any work is being contracted through a subcontractor/ consultant, Consultant shall require said subcontractor/ consultant to have the same insurance coverage as identified in this paragraph or named as Additional Insured under Grantee's insurance policy. 18, Hold Harmless, Grantee shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claìnÍs for damages, liability, cost and expense (mcluding without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, 1~-9 or others in connections 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, Grantee indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claÙ1ls, whether the same proceed to judgment or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee and shall survive the tennination of this agreement, 19, Suspension and Tennination, In accordance with BUD regulation 24 CFR 85.43, Grantee may be suspended or tenninated by the City after 30 days written notice to the Grantee due to default by the Grantee or Grantee's inability to perfonn, regardless of whether such inability is due to circumstances within or beyond the Granteers control. The awaxd may be terminated for convenience in accordance with 24 CFR 85,44. Settlement of any disputes shall be based on the laws of the State of California, 20, Agreement Modification. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by the parties hereto. 21. Breach of Contract The parties reserve the right to pursue any remedy provided under California law for remedy in instances where contractors violate or breach contract terms. 22, Reversion of Assets, Upon expiration of this Agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. 23, Entire Agreement This Agreement represents the entire agreement between the parties and supersedes any previous or contemporaneous written or oral agreements. Required Exhibits: A. Statement of Work B. Itemized Budget C 2004 San Diego County Median Income Limits by Household Size D, City of Chula Vista Disclosure Statement 1// 1// 1// Signature Pag' to Follow 11-10 IN WITNESS 'W1ffiREOF, City and Grantee have executed this Agreement this _ day of 2005. CITY OF CHULA VISTA Stephen C. Padilla Mayor, City of Chula Vista APPROVED AS TO FORM Ann Moore City A ttomey ATTEST City Clerk «CompanY') a California non-profit public benefit cotporation Name: Title: 13-11 Exhibit A SCOPE OF WORK [to be provided by subrecipient] 13-12 Exhibit B BUDGET [to be provided by subrecipient] 13-13 -'''-'.-. 2004 San Diego County Median Income Limits by Household Size I- 1~___11~9____jl$24,000 il2 J~~~2.. 1~27,400 il3 11$49,300 ,J~30,S50 114 1l!24,SOO 11$34,250 iI5JI~~?,?º0 u~ .~.~ .J$3Z,ººº il~~~~...._ ¡I~()~,5?O~ . .... .~_~ .~ .JI$3~, 7?0 iI7_~ ..11$()7,~5~0~... .¡I~S~_5º !Is _ u . ..11$72,350 . .. . .11$~5,2ºO 80% of AMI Moderate Income 30% of AMI Low Income 500;., of AMI Lowmcome I~oo 11$16,450 I~ºo 11$20,550 .. ....... JI$2?,200~ u 11$23,S50 ".. _i _.n._ ....__._ _ _.,., ..__ __..._.'.."_ JI~?5,?OO_~ ... u ..IIE7,150, ..... ....... i' .__ .... .... - ...___n.___.__... .. - --...-.--......--.,. Exhibit "c" 13-14 CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following formation must be disclosed. 1, List the names of all persons having a financial interest in the contract, i.e. contractor, subcontractor, material supplier. 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 interest in the partnership. 3. If any person identified pursuant to (1) above is a non-profit organization or 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, 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commission, committees and Council within the past twelve months? IIY es IIN 0, If Yes, please indicated person(s): 5. Please identify each and every person, including any agents, employees, consultants or indep=dent contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a CounciJmember in the current preceding election period? IIY es þo, If yes, state which CounciJmember(s): "Person" is defined as: "A'!)I individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and a'!)l other county, city, and country, municipality, district or other political subdivision, or a'!)l other group or combination acting as a unit': Date: Signature of Contractor/Applicant _.Print or type name of Contractor/Applicant Exhibit "D" 13-15 COUNCIL AGENDA STATEMENT OiùCX.~ISTA Item: ~ Meeting Date: 1/25/2005 ITEM TITLE: Public Hearing: Consideration of an ordinance amending Chula Vista Municipal Code Section 19.58.340 to regulate the space allocated for the temporary storage, collection and loading of recyclable materials and solid waste in development projects. Consideration of a resolution adopting the Recycling and Solid Waste Planning Manual that specifies the space allocation requirements and standards for development projects. SUBMITTED BY: Michael Meacham, Director of conservati~~;~vironmental Services Lynn France, Conservation Coordinator, v([J{~ REVIEWED BY: David D. Rowlands, Jr., City Manage~ 'iT' INTRODUCTION: Currently, the City of Chula Vista is required under State law to divert and/or recycle 50% of the waste stream, Limited storage space is a key deterrent to implementing effective municipal recycling programs and accomplishing and maintaining the 50% diversion goal. The proposed ordinance and Recycling and Solid Waste Planning Manual establish a scheme to regulate the location and design of areas dedicated to the temporary storage, collection and loading of recyclable materials and solid waste associated with new construction projects and subdivisions. Adopting these laws and regulations creates a system tailored to the City's needs and brings it into compliance with AS 2176 (2004) and AS 1327 (1991 ). ENVIRONMENTAL STATUS: The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project", as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION: That the City Council adopt the ordinance amending Section 19.58.340 of the Chula Vista Municipal Code and a resolution adopting the Recycling and Solid Waste Planning Manual. BOARDS/COMMISSIONS RECOMMENDATION: Design Review Committee: On November 1, 2004, the Design Review Committee voted to recommend approval of the ordinance and resolution. Resource Conservation Commission: On November 15, 2004, the Resource Conservation Commission voted to recommend approval of the ordinance and resolution with formatting recommendations that have been incorporatéd into the documents. 14-1 Page 2,ltem: / LJ- Meeting Date: 1/25T2cJ'õ5 Planning Commission: On January 12, 2005, the Planning Commission voted to recommend the adoption of the ordinance amendments and the resolution approving the Recycling and Solid Waste Planning Manual. DISCUSSION: 1, Background In 1989 the California Integrated Waste Management Act (AB 939) required cities and counties to divert 50% of their waste stream from landfills. Shortly thereafter, the State identified that limited storage space within existing facilities was a key deterrent to implementing effective municipal recycling programs and accomplishing the mandated 50% diversion requirement. In October 11, 1991, the Governor signed AB 1327. This bill added Chapter 18, known as the California Solid Waste Reuse and Recycling Access Act of 1991, to Part 3 of Division 30 of the Public Resources Code. Chapter 18 required the California Integrated Waste Management Board (CIWMB) to develop, by March 1, 1993, a model ordinance for adoption by any local agency relating to adequate areas for collection and loading· of recyclable materials in development projects. Local agencies were required to adopt the model, or an ordinance of their own by September 1, 1993. If, by that date, a local agency had not adopted its own ordinance, the model ordinance adopted by the CIWMB took effect and was to be enforced by the local agency. Chula Vista did not adopt its own ordinance at that time so the CIWMB's ordinance took effect, but was never codified in Chula Vista Municipal Code. Because of this, the Conservation Coordinator's office has been actively reviewing and commenting on major building and remodeling projects throughout the City. Additionally, Conservation staff has worked with Planning staff, to develop, improve, and distribute a Recycling and Solid Waste Planning Manual to assist applicants with their project design. Recently (September 2004), a new state law addressing the same subject matter was adopted. Known as the Large Venue and Large Event Recycling law, this law includes a requirement for local agencies, on or after July 1, 2005, to withhold the issuance of any building permit to a development project, unless the project provides adequate areas for collection and loading recyclable materials (State of California Public Resources Code, Part 3, Division 30, Section 42911 ). 2. Analysis The Conservation and Environmental Services Department (Conservation) staff reviewed the CIWMB's model ordinance, and more than ten similar ordinances developed by other jurisdictions. Staff then reviewed the Chula Vista Municipal Code to determine how much ofthe model ordinance was already incorporated into the City's existing codes, (CVMC Sections 8.24, 8.25, 19.58). The proposed ordinance amendments include the following items for incorporation into the existing recycling and solid waste codes: A. Any new development project, or existing development for which an application for a building permit is submitted that has a valuation of $20,000 or more must include CAS - Space Allocation 1-25-05,doc 14-2 Page 3,ltem: J~ Meeting Date: 1/25/2005 adequate, accessible, and convenient areas dedicated for the accumulation, temporary storage and removal of Designated Recyclables and Solid Waste materials. B. Applicants must submit a Recycling and Solid Waste Plan with the project plans for review and approval. C. Codifies the state law that building permits will not be issued until space allocation requirements are met. D. Requires recycling and solid waste areas to be accessible and convenient for those who accumulate, store, and haul away Designated Recyclables and solid waste E. States that space allocation requirements are set forth in the Design Manual and Recycling and Solid Waste Planning Manual. For your consideration, staff has prepared a Recycling and Solid Waste Planning Manual, which tells applicants, planners, developers, and architects what the minimum space allocation requirements are. A previous, less-detailed document has been used for the past six years. In an attempt to provide more robust standards, Conservation staff has been working with Planning and other departments to come up with a new document that provides the necessary information. The final product was the attached Recycling and Solid Waste Planning Manual. Accordingly, staff is recommending that it be formally adopted by Council resolution as a compliment to the existing Planning Design Manual. When approved, the revised Manual will be distributed to permit applicants at the planning counter and made available on the City's web site. The Manual contains contact information for the Conservation and Environmental Services Department, if the applicant would like additional assistance. All plans submitted will be subject to approval by the City Manager or designee to protect the public health and safety and ensure compliance with State and local, solid waste and recycling regulations. FISCAL IMPACT: The action recommended by staff will not impact the general fund. The recycling and solid waste space allocation assessment occurs during the normal plan review process and AB 939 fees will fund any additional costs. CONCLUSION: The proposed amendments to the municipal code will satisfy the State Law regarding the requirement for space allocated to recycling and solid waste. The Recycling and Solid Waste Planning Manual will provide Chula Vista-specific information about how to design for recycling and solid waste to ensure that adequate space is dedicated to allow future occupants the ability to participate safely and conveniently in City recycling and diversion programs. Attachments 1. Draft Recycling and Solid Waste Planning Manual CAS - Space Allocation 1-25-05,doc 14-3 ~ ~ It-- ~ ~~..,..~ -. -- ""'--~ "'-~.....- eONSt3R.vATION ANÞ t3NVIRDNMt3NTAL ~ st3R.Vlet3s ."1 CITY OF (HULA VISTA RECYCLING AND SOLID WASTE PLANNING MANUAL 1 276 Fourth Ave Chula Vista. CA 91910 www.chulavistaca.cov 14-4 ~ \ ft... -.- .--....,..., - --.:.,.- "- ~ -- CONS6RVATtON AND 6NVI'RDNM6NTAL ~ SSRVICSS g CITY OF (HULA VISTA RECYCLING AND SOLID WASTE PLANNING GUIDE Table of Contents Page Section I Overview......................,..,...,....................,..................,.....,.,..."..................... 3 Section II Recycling and Solid Waste Standards for...........................,.......................... 7 Curbside or Door-to-Door Service for Small Quantity Generators Section III Recycling and Solid Waste Standards for ........................................'........'.... 8 Multi-Family Complexes-Central Collection-Bin Service Section IV Recycling and Solid Waste Standards for..,................................................. 10 Commercial and Industrial Businesses-Central Collection-Bin Service Section V Recycling and Solid Waste Enclosure Standards ........................................ 11 2 276 Fourth Ave Chura Vista, CA 91910 www.chulavistaca.cov 14-5 ~\\f~ -.- .--~ ""","-"""':0-- ~ ~ -- CONS6RVATlON ANt:> 6NVIR.ONM6NTAL A SSRVICSS '!iI' CITY OF (HUlA VISTA 1 - OVERVIEW The State of California has mandated that at least 50% of the solid waste generated be diverted from landfilis, Therefore, each appiicant of a development, subdivision or major construction project (inciuding new public facilities) is required to develop and submit a Recycling and Solid Waste Plan as a part of the approval process, The Plan must describe the steps the appiicant will take to meet the local and State mandates and recycle the Designated Recyclable materials as defined in Chuia Vista Municipal Code Chapter 8.25. Plans are subject to approval by the City Manager or his designee. Designated Recyclables include: Residential recyclables - those specific recyclable materials from residential soiid waste (single-family and muiti-family) including but not limited to, aluminum, glass bottles and jars, piastic bottles, tin and bi-metal cans, newspapers, mixed paper (magazines, junk mail, telephone books, paperback books, and boxboard) cardboard, white goods and yard waste, Commercial recyclables - designated recyclable materials from office and hospitality industries, Materials include but are not limited to, office paper, cardboard, glass bottles and jars, plastic bottles, aluminum, tin and bi-metal cans, and white goods. Industrial recyclables - recyclable material from industrial, construction and demoiition operations including, but not limited to asphait, concrete, dirt, land-clearing brush, sand and rock, Items to be considered in your Dlan: The foliowing are items to be considered when designing your project and :::~'''"..--,,~:: should be addressed in your Plan. You must include a narrative that thoroughly describes your project's waste reduction and recycling activities, If you have questions or need clarification, you may contact the City Conservation and Environmental Services Department at (619) 691-5122 or conservation@cLchula-vista,ca.us or the City's web site www,chulavistaca.Qov. Submit your Recycling and Solid Waste Management Plan with your appiication for a discretionary permit to the Chula Vista Planning Department for approval. Inciude a short narrative about your pian implementation and operation within the "Notes" on your plans, Identify the recycling and trash space aliocated within your project, as this will dictate how well your occupants will be able to participate in the various City programs, how much they will recycle and how much they can save, Make sure your infrastructure planning allows your future occupants the ability to avail themselves of all recycling and solid waste services, Your plan must provide adequate space to properly store all the solid waste and recyclables generated on the site in approved containers between service days, The plan must also allocate space in a manner that provides occupants with the opportunity to divert ali the Designated Recyclables generated at the site, Your plan needs to describe how the recycling and solid waste infrastructure will be utilized by the occupants and maintained on an on-90in9 basis, such as: o Include solid waste and recycling requirements and information in your CC&Rs, employee/owner/tenant orientations, policy manuals, and lease agreements, Include the draft language for these items in your Plan, o Show where residents will store containers during the week and where they will be placed on service day; where and how bulky items, Hoiiday trees and used motor oil will 3 .. 276 Fourth Ave Chula Vista, CA 91910 www.chulavistaca.aov 14-6 be placed for collection. o If contracting with a landscaper, your plan must demonstrate that you will require all yard waste to be diverted for reuse, either through on-site mulching, grasscycling, a permitted compost facility or for reuse at the landfill - not disposal. Your pian shall establish the requirement to obtain receipts from the contractor demonstrating that the material was recycled or composted, Those receipts shall be maintained for eighteen (18) months and be available to City staff for review upon two days notice during regular business hours, o Color code containers and provide graphic signs that instruct occupants/customers to separate materiais in the containers used to transport recyclables and trash to the outdoor enclosure, o Place recycling containers next to all trash containers -("twinning"). o Review your operations at least annually, Contact the city for a free waste audit to improve business recycling productivity. reduce waste and keep your solid waste and recycling services cost-effective and up to date, Small Quantity Generators (SQG - curbside service for residents and small businesses) can control their monthly costs by reducing their trash volume through weekly trash and recycling collection, bulky item collection, yard waste collection, used oil and oil filter collection, Holiday tree collection, and two annual landfill passes and two annual yard waste passes, (See service brochures for details on these programs,) Large Quantity Generators (LQG - commercial, multi-family and industrial projects with central collection service) can control or reduce their costs by taking advantage of recycling savings. Restaurants and other hospitality facilities can obtain free food-beverage container coliection service, Estimatinq Trash Service CaDacitv Needs for Central Bin Collection in Multi-familv ComDlexes After estimating the required trash service - pair each trash bin with the required recycling service and design enclosures appropriately. Multi-familY Comelex Service Needs Table Cubic yards per # Bedrooms cer unit unit cer wk. Studios~1Br. 0.33 1-2 Br. 0.36 2-4 Br. OAO Calculation" + Product of rotal cubic bin size X # Of cubic = Total times yards per unit cubic yards of days a week service # Of units In complex from Service yards of service (example: 100, 3-bedraam Needs Table service needed pe (4 yd bin X 2 days) = Number of trash units) above eeded pe week enclosures required week 100 XOA = 40 40 :8 =5 Loqistical Considerations: . Weekly trash and food/beverage container recycling collection is the minimum requirement. All multi-family, commerciai, industrial and public facility properties may subscribe to service that is more frequent. 4 276 Faurth Ave Chula Vista, CA 91910 www.chulavistaca.cov 14-7 · Small Quantity Generators (SQG - curbside collection) place two. or more 96-gallon or smaller trash and recycling carts at the curb for weekly collection on their assigned collection day. These customers also receive yard waste, bulky-item, used oil and oil filter collection services. Therefore there must be curbside space for these containers with one and a half (11/2) feet, approximately eighteen inches, between each cart and any stationary objects (e,g, parked cars), on service day, · All properties must have adequate space to accommodate bin and/or cart storage for waste and recyclable materials separately and out of public view in-between collection days, The City strongly recommends that commerciai properties plan for no more than three collections per week and that multi-family properties plan for no more than twice per week service. For details on enciosure design requirements see Enclosure and Chute Design Requirements - Central Collection. · Twinning - design so that recycling containers are placed with each trash receptacle, · On a mixed-use site, the Recycling and Solid Waste Management Plan generally follows the space allocation criteria for each use category (Le, single-family, multi-family, commercial, curbside collection, or central collection), · Public facilities shall implement the service category that best fits the facility use, always twinning recycling and trash containers for ease, convenience and to minimize the contamination of recyclable materials, · Offices typically generate a waste stream with 40% to 60% mixed paper, Mixed paper includes: office paper, cardboard, junk mail, magazines, telephone books, box board, etc, Carbon paoer or sino Ie use items such as tissues and paper towels are not recvciable and must be composted or placed in the trash. · If your business will consistently generate a large amount of wooden pallets, food waste, five- gallon piastic buckets or another potentially recyclable Item you may contact the City Conservation and Environmental Services Department or Pacific Waste services for recycling market assistance, · Design in a manner that facilitates the following priorities: reduce, reuse, recycle, compost and dispose, Exampies: o Residential kitchens: Ample space for trash and recycling bins under sinks or in cabinetry for separation of Designated Recyclables, o Show where residents will store carts during the week on their property and where they will be placed at the curb on Colléction day. o Outdoor dining, lounge areas and public facilities: Plan for trash and Designated Recyclables collection containers side-by-side (twinning), o Copy and print rooms: Allow space for both trash and paper recycling containers side by side to encourage diversion. o Bars and dining areas: Incorporate space for recycling of all food and beverage containers, specifically, along with other Designated Recyclables as appropriate, o Recreation Centers and Community Pools: Plan for trash and Designated Recyclables collection containers side-by-side (twinning,) · Residentiai automated collection vehicles collect materiais from the right side of the vehicle only, · Commercial collection vehicles collect materiais at the front of the vehicle, 5 276 Fourth Ave Chula Vista, CA 91910 www.chulavÎstaca.oov 14-8 . If the collection truck must enter your property to service bins, the truck must be able to circulate the parking area without backino UP, Collection vehicles have a turning radius of 37.1 ft, are approximately 35 feet long (curbside collection bucket adds 7 feet to the length for a totai of 42 feet) and 8 feet wide. To Complete your Plan: · Review the project design sheet that applies to your project: residential, commercial or industrial. · Write a thorough description of how you will implement your Recycling and Solid Waste Management Plan through each phase of the project: pre-construction. construction. and operation/occupancy, · Submit your Recycling and Solid Waste Management Plan with your project application to the Chula Vista Planning Department for approval. Include a short narrative about your plan implementation and operation within your "Notes" on your building plans, CONTACTS: . For service day information or other collection clarification, contact Pacific Waste Services at (619) 421-9400, Pacific's representative will be available to review plans for accessibility, equipment types, do site visits and arrange for recycling services. . Contact the City's Conservation and Environmental Services Department for a list of construction and demolition material recycling processors and/or service brochures for program details, Or check the City's web site at www,chulavistaca,oov, Staff is also available to assist you with your recycling program and your solid waste management plan (619) 691-5122, Recycling and Solid Waste Plans are subject to approval by the City Manager or his designee, 6 276 Fourth Ave Chula Vista, CA 9191 0 www.chulavistaca.aov 14-9 ~If? -.- r~~ ........~-~ ~ ~ CONS6R.VAllON AND 6NVIRDNM6NTAL .."... S6R.VIC6S V (lIT OF (HULA VISTA 2 - RECYCLING AND SOLID WASTE STANDARDS FOR CURBSIDE OR DOOR-TO-DoOR SERVICE FOR SMALL QUANTITY GENERATORS Small Quantity Generators receive weekly recyclables, yard waste and trash collection, bulky items pick up, used motor oil and oil filter collection services, Include in your site plan defined location(s) where the trash, recycling and yard waste carts will be stored in-between service days, out of public view, and where they will be placed at the curb for collection on service days, All residential dwellings with curbside or door-to-door collection must be designed to allow for weekly placement and collection of trash, yard waste and recycling containers at the curb, There must be space at the curb for a minimum of three containers (trash, recyclables and green waste), approximately eighteen inches apart, for each dwellinq unit The City must pre-approve alley collection. The automated collection vehicle services the containers from the right side (curbside) of the vehicle, Condominiums with no private landscaping can provide space for two carts (trash and recycling, eliminating yard waste) per unit However, condominiums must have an enclosure on the property, sufficient for yard waste bins, to serve the common areas, If contracting with a landscaper, your plan must demonstrate that you will require that áll yard waste be diverted for reuse, either through on-site mulching, grasscycling, a permitted compost faciiity or for reuse at the landfill - not disposal. Your plan shall establish the requirement to obtain receipts from the contractor demonstrating that the material was recycled or composted, Those receipts shall be maintained for eighteen (18) months and be available to City staff for review upon two days notice during reguiar business hours, ' See the Single-family Residential Recycling Guide and Trash Service Brochure for detaiied information on all available services for single-family residential customers, Yard Waste CONTACTS: . For service day information or other collection clarification, contact Pacific Waste Services at (619) 421-9400, Pacific's representative will be available to review plans for accessibiiity, equipment types, do site visits and arrange for recycling services, . The City's Conservation and Environmental Services Department may be reached at (619) 691- 5122 or conservation@.ci.chula-vista,ca,us Recycling and Solid Waste Plans are subject to approvai by the City Manager or his designee, 7 276 Fourth Ave Chula Vista. CA 91910 www.chuJavistaca.aov 14-10 ~\f? --.- Fr_~ -"""""-- - -- CONS6RVATlON ANÞ 6NVlRONM6NTAL .A S6RVIC6S ~ CITY OF (HULA VISTA 3 - RECYCLING ANO SOLfO WASTE STANDAROS FOR MULTI-FAMILY COMPLEXES CENTRAL COLLECTION - BIN SERVICE The Residential Waste Stream typically includes the fOllowing recyclables: 40% paper, 10% metal, glass and plastic containers and 30% yard waste (apartments/condos usually generate only 7% to 15% yard waste from common areas), Residential services include recyclables, yard waste and trash collection and bulky item pick up, Review the service brochures for details on each of these services and how to prepare materials for collection in these programs. Multi-family Housing with Central Collection · Trash and mixed paper recycling bins and rigid container recycling carts must be in the same enclosure(s) and must allow access without having to move other containers out of the way, t 21'-8" t 96 GillON RECYCUNG CARTS 4- YARD TRASH t!IN 4 YARD MIXm PAPER RECrCUN\; ~IN SAMPLE ONLY · All bins should be placed in the enclosure out of public view, If bins are placed front-to-front, leave at least 3 feet between bins for access, The design must provide easy access for the residents and allow the hauler access to service bins and/or carts without moving other bins/carts out of the way. · Design for approximately, one, 4-cubic yard bin for trash service for every 8-12 units depending on the number of bedrooms per unit See estimating formula in Section 1, Then add the required recycling services for each enclosure, The City strongly recommends that you do not assume more than twice per week collection service to limit the number of collection truck trips on your property, · Include an enclosure of appropriate size for centralized collection of yard waste, If contracting with a landscaper, make certain to include in your contract the requirement that all yard waste must be diverted for reuse, either through on-site mulching, grasscycling, a permitted compost facility or for reuse at the iandfill - not disposal. Include the requirement to receive copies of receipts to verify diversion, · All projects with six or more units shall provide additional space that is sufficient for the free monthly bulky collection (mattresses, appiiances, furniture), free annual Holiday Tree recycling and other periodic or seasonal events, Approximately 400 square feet is required for a complex of 40 units or more. 8 276 Fourth Ave Chula Vista. CA 91910 www.chuJavistaca.aov 14-11 · If the collection truck must enter your property to service bins, the truck must be able to circulate the parking area without backinQ UP, Collection vehicles have a turning radius of 37,1 ft, are approximately 35 feet long (curbside coliection bucket adds 7 feet to the length for a total of 42 feet) and 8 feet wide, See the Multi-family service brochure for more information on residents' services, Trash and Recycling Chutes · If a facility plans to provide chutes, the City may require that you provide three chutes adjacent to one another in each disposal and recycling area, One chute identified for mixed paper recyclables, one chute identified for bottles and cans, and one chute identified for trash. Other options may be proposed by first consulting the City's Conservation Coordinator. · The driver must be able to service bins without moving other bins in the chute rooms. · It is strongly recommended that you provide an enclosure(s) on site for corrugated cardboard as boxes may clog your trash and recycling chutes. If enough space is provided, the enclosure can also be used for free bulky collection, Holiday tree coliection and other periodic or seasonal services, CONTACTS: . For service day information or other collection clarification, contact Pacific Waste Services at (619) 421-9400, Pacific's representative wili be available to review plans for accessibility, equipment types, do site visits and arrange for recycling services, . The City's Conservation and Environmental Services Department may be reached at (619) 691- 5122 or conservation@cLchula-vista,ca,us Recycling and Solid Waste Plans are subject to approval by the City Manager or his designee. 9 276 Fourth Ave Chula Vista. CA 91910 www.chulavistaca.aov 14-12 ~ \ ft.. -.- .~.....,.... "","=>-"""":;o,..-~ - ~~ C.ONSBRVATlON ANÞ BNVIRDNMBNTAL A SBRVIC.BS W CITY OF (HUlA VISTA 4 - RECYCLING AND SOLIO WASTE STANDARDS FOR COMMERCIAL ANO INOUSTRIAL BUSINESSES- CENTRAL COLLECTION - BIN SERVICE The Commercial Waste Stream varies by the type of business, but typically includes the following recyclables: 40-60% paper, 5% metal, glass and plastic containers (10%-15% for food service businesses) and 15% yard waste (or pre-consumer food waste that can be recycied with yard waste), · Commercial and industrial properties must have enciosure space and numbers of bins or carts adequate to divert the Designated Recyciables generated on their property, · Trash and recycling bins or carts must be placed in the same enclosures, · Yard waste must be separate, Plan for adequate container volume and service intervals to divert yard waste (tree, brush or grass trimmings) generated at your business, If contracting with a landscaper, your plan must demonstrate that you will require that all yard waste be diverted for reuse, either through on-site mulching. grasscycling, a permitted compost facility or for reuse at the landfill - not disposal. Your plan shall establish the requirement to obtain receipts from the contractor demonstrating that the material was recycled or composted, Those receipts shall be maintained for eighteen (18) months and be available to City staff for review upon two-days notice during reguiar business hours. · Each business should allocate space. in each enclosure, for at least one mixed paper bin and one rigid container cart along with their trash disposal service requirements, · The City may require that the enclosure include additional space and access for other ancillary services (Le, restaurants-grease collection, auto repair-scrap metal collection, etc, , where applicable), COMPACTORS: · Commercial compactors are not recommended for trash service, Compactors must be pre- aporoved by the City's franchise hauler, Pacific Waste Services and the City Conservation and Environmental Services Department (See Municipal Code § 8,24,080,B) · A business that is using a compactor must still divert Designated Recyciables: paper, cardboard, food and beverage containers, yard waste, clean lumber and metals, etc, (See Municipal Code Chapter 8.25), CONTACTS: · For service day information or other collection clarification, contact Pacific Waste Services at (619) 421-9400. Pacific's representative will be available to review plans for accessibility, equipment types, do site visits and arrange for recycling services, · The City's Conservation and Environmental Services Department may be reached at (619) 691- 5122 or conservation@ci.chula-vista,ca.us Recycling and Solid Waste Plans are subject to approvai by the City Manager or his designee, 10 276 Fourth Ave Chula Vista. CA 91910 www.chulavistaca.aov 14-13 ~\f? :---~:-~ ~~ - - - C-ONSSR.VATlON AND SNVfR.ONMSNTAL A SSR.VIC.SS ø CITY OF CHULA VISTA 5 - RECYCLING AND SOLID WASTE ENCLOSURE STANDARDS The following minimum bin and cart dimensions are to be used when designing your enclosures, Bin Dimensions Height Depth Width (Allow 2 inches per bin dimension for access/maneuverability) 4 cubic yards (min, size to plan for trash & mixed paper) 66" 56" 81" 5 c~bic yards (larger bins provided at City/hauler discretion) 66" 68" 81" 6 cubic yards (no wheels direct truck access) 72" 70" 81" Cart Dimensions Height Depth Width (Allow 1 inch per cart dimension for access/maneuverability. Dimensions are the maximum size,) 96 Gallon Carts (for Designated Recyclables, yard waste and trash) 44 36 32" · Trash enclosures should be as far away from storm drain inlets as possible, · All trash enclosures shall be paved with an impervious surface, designed not to allow run-on from adjoining areas, and shall be screened or walled to prevent off-site transport of trash. · Wheel stops for bins and carts must be configured such that they provide 8-inch bin clearance from all three walls, 6 inches high is recommended, · Doors must be anchored to appropriately sized steei posts (min. 2 inches by 3/16 gauge steel) set independently from walls, · Cane bolts, dropped into sleeved holes in the concrete, to hold doors in both the open and closed position are required. · Enclosures and/or containers within the enclosure, must have covers designed to reduce pests, illegal disposal and exclude rain. · The fiat reinforced concrete pad (approximateiy 24 feet X 12 feet, no decorative stamping or brickwork/cobblestones) in front of the enclosure should extend beyond the enciosure to provide sufficient space to allow: ¡;z The truck to stop in front of the enclosure with the front wheels resting on the concrete pad: ¡;z The bins to be rolled out of the enclosure and; ¡;z The bin to be positioned in front of the truck without moving the truck, · There must be enough enclosures in the project to provide convenient and sufficient capacity to handle the volume of recyclables and waste generated between collections. · Each enclosure must be designed and sized appropriately to accommodate bins and/or carts for the Designated Recyclables and solid waste generated on the property, All properties are required to allocate space to recycle all Designated Recyclables , · Enclosures must be designed so that trash, paper, rigid containers, and yard waste containers may be accessed by the generator and serviced by the collection company without moving other bins or 11 276 Fourth Ave Chula Vista, CA 91910 www.chulavistaca.aov 14-14 carts, Recommendation: A separate pedestrian access door will save you large door repairs, prevent illegal disposal and is safer for the generator to use, . The City may require that the enclosure include additional space and access for other ancillary services Le, restaurants - grease collection, auto repair - scrap metal collection, etc, where applicable, . Each enclosure must be located on the site plan and the bin and carts placement inside the enclosure clearly identified - R= mixed paper recycling; C=container recycling; Y=yard waste recycling; W=waste or trash, t 21'·8" t 96 GMlON RECYCLING CARTS 4- YARD iRASH61N 4- YARD MIXEO PAPER RECrCUf'fG BIN Sample Only Enclosure Location · Reduce or eliminate the need for collection trucks to drive onto private property whenever possibie, · If you place the enclosure within 25' of the public thoroughfare, the hauler will roll bins and carts to the street for service at no additionai charge. · The hauler is authorized to add a service surcharge if they cannot drive to within 25' of the enclosure, · If the collection truck must enter your property to service bins the truck must be able to circulate the parking area without backing up. Trucks are approximately 35 - 42 feet iong, 8 feet wide and a have a turning radius of 37,1 feet · Do not put speed bumps, stamped concrete, cobblestones or other obstacles in front of enclosures that would impede the access of the vehicle or bin rollout Truck and bins must be on a fiat surface when being serviced, · Whenever possible enclosures for apartments and condominiums should be geographically distributed in a manner that is convenient for residents, · Enclosures in commerciai settings and public facilities should consider proximity to service doors, traffic flow, delivery patterns, etc, Trash and Recycling Chutes · If a facility plans to provide chutes, the City may require that you provide three chutes adjacent to one another in each disposal and recycling area. One chute identified for mixed paper recyclables, one chute identified for bottles"and cans, and one chute identified for trash, Other options may be proposed by first consuiting the City's Conservation Coordinator. · The driver must be able to service bins without moving other bins in the chute rooms, 12 276 Fourth Ave Chula Vista. CA 91910 www.chulavistaca.aov 14-15 · It is strongly recommended that you provide an enclosure(s) on site for corrugated cardboard as boxes may clog your trash and recycling chutes, If enough space is provided, the enclosure can also be used for free bulky collection, Holiday tree collection and other periodic or seasonal services, CONTACTS: · For service day information or other coilection clarification, contact Pacific Waste Services at (619) 421-9400. Pacific's representative is availabie to review plans for accessibility, equipment approval, do a site visit and arrange for recycling services during all phases, construction through occupancy, · The City's Conservation and Environmental Services Department may be reached at (619) 691-5122 or conservation@ci.chual-vista,ca.us. Recycling and Solid Waste Plans are subject to approval by the City Manager or his designee, 13 276 Fourth Ave Chuta Vista, CA 91910 www,chulavistaca.aov 14-16 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 19.58.340 TO REGULATE THE SPACE ALLOCATED FOR THE TEMPORARY STORAGE, COLLECTION AND LOADING OF RECYCLABLE MATERIALS AND SOLID WASTE IN DEVELOPMENT PROJECTS WHEREAS, in 1989 the California Integrated Waste Management Act (AB 939) required cities and counties to divert 50% of their waste stream fÌom landfills; and WHEREAS, shortly after adopting AB939, the State found that limited storage space witbin existing facilities was a key deterrent to implementing effective municipal recycling programs and accomplisbing the mandated 50% diversion requirement; and WHEREAS, to solve this problem, the Legislature passed AB 1327 (California Solid Waste Reuse and Recycling Access Act of 1991) which required the California Integrated Waste Management Board (CIWMB) to develop a model ordinance relating to adequate areas for collection and loading ofrecyclab1e materials in development projects; and WHEREAS, local agencies were required to adopt the model, or an ordinance of their own by September 1, 1993; and WHEREAS, if a local agency did not adopt its own ordinance, the model ordinance, adopted by the CIWMB took effect and was to be enforced by the local agency. WHEREAS, the City has not adopted its own ordinance, but wishes to do so now. WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "project" as defined under Section 15378 of the State CEQA Guidelines, therefore, pursuant to Section 15060( c )(3) of the State CEQA Guidelines the activity is not subject to CEQA. NOW, THEREFORE, the City Council of the City ofChu1a Vista does hereby ordain: SECTION I. That Section 19.58.340 of the Chula Vista Municipal Code is amended to read as follows: (Red1ined text is deleted; underlined is added) 19,58.340 Hash-Recvcling and solid waste storage. A. All subdivisons or anv Nnew construction requiring a building permit and costing more than $20.000 to construct ("qualifying proiect") shall include adequate. accessible. and 14-17 Ordinance No. Space Allocation Page 2 of2 convenient areas dedicated for the accumulation, temporarY storage and removal of designated recvclables and solid waste of strueMes in all ffiHltiple fomiIJ', eommereial, aJid inàuotrial ZORes shall require a l'ro'/isisll for trGoh storage. These recycling and solid waste areas shall be enclosed within a minimum five-foot-high masonry wall or higher if deemed necessary by the director of planning to adequately screen the ~area, built to standards adopted by the city for a ITeestanding wall (#4 steel and fully grouted) and shall be designed to accommodate the trash containers used by the trash recvcling and solid waste service company contracted with the city. A wooden enclosure may be substituted for a wall in the C-O zone and multiple-family zones by the director of planning. B. A Recvcling and Solid Waste Plan shall be submitted bv the applicants of anv Qualifying project. Said Plan shall be reviewed and aporoyed bv the citv manager or his/her designee, A Plan must comply with citv and state solid waste and recvcling regulations/standards before it can be approved, Building permits mav not be issued until the Plan is approved, B. The mfffiBer ef eofltainers req1iireà shaH be Rot less than requireà by the saJiitary serviee operator OR the site aJià a s]3eeified H!lEElSer sJ' the zening adæiniotrator fer all eommereial, ind1istria1 or ether ases as determined ey the aetual use. C. A Recvcling and Solid Waste Planning Manual setting forth recycling and solid waste space allocation regulations, design standards, and guidelines shall be drafted bv the city manager and adopted bv the city council. C.Trash areas shall ee kept Reat anà elean. D,_The precise location of any recvcling and solid waste ~area shall be approved by the director of planning upon review of the site plan. Recycling and solid waste areas shall be accessible and convenient to both the occupants and ITanchise hauler and shall onlv be used for the temporarv storage, collection and loading of solid waste and recvclab1es, E._The trashRecvcling and solid waste enclosureª shall be permanently maintained~ recvcling and solid waste areas shall be kept neat and clean; and approved Recycling and Solid Waste Plans shall be adhered to and followed. SECTION II. This Ordinance shall take effect and be in full force on the thirtieth day ITom and after its adoption. Submitted by: Approved as to form by: ~ 7. f-/-y- - Michael Meacham Director of Conservation and Environmental Services Ann Moore City Attorney attorney/ordinance/space allocation 14-18 RESOLUTION 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE RECYCLING AND SOLID WASTE PLANNING MANUAL THAT SPECIFŒS THE SPACE ALLOCATION REQUlREMENTS AND STANDARDS FOR DEVELOPMENT PROJECTS WHEREAS, the City of Chula Vista is required under State law to divert and/or recycle 50% of the waste stream; and WHEREAS, the State of California and the City of Chula Vista recognize that limited storage space is a key deterrent to implementing effective municipal recycling programs and accomplishing and maintaining the 50% diversion goal; and WHEREAS, staff has prepared draft Municipal Code amendments and a Recycling and Solid Waste Planning Manual for consideration by the City Council to address space allocation; and WHEREAS, the proposed ordinance amendments and the Recycling and Solid Waste Planning Manual establish a scheme to regulate the location and design of areas dedicated to the temporary storage, collection and loading of recyclable materials and solid waste associated with new construction projects and subdivisions; and WHEREAS, adopting these laws and regulations creates a system tailored to the City's needs and brings it into compliance with AB2176 (2004) and AB1327 (1991); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "project" as defmed under Section 15378 of the State CEQA Guidelines, therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a Vista does hereby adopt the Recycling and Solid Waste Planning Manual that specifies the space allocation requirements and standards for development projects, Presented by Approved as to form by :D~ '7.H- Michael Meacham Director of Conservation and Environmental Services Ann Moore City Attorney attorneyIReso\poUcy1recycling&solid waste manual 14-19 Page 1, Item Meeting Date I~ 1/25/05 COUNCIL AGENDA STATEMENT ITEM TITLE: Public Hearings to take public testimony pertaining to (a) proposed modification of the types of public facilities authorized to be financed, modifications to the Rate and Method of Apportionment of special taxes for Improvement Area B, and bond authorization for Improvement Area B and amended Special Tax Report and (b) annexation of certain territory into Community Facilities District No.200 1-1 (San Migue1Ranch) and Improvement Area B thereto and to consider the authorization to levy special taxes therein A) Resolution of the City Council of the City of Chu1a Vista, California, acting in its capacity as the legislative body of Community Facilities District No. 2001-1 (San Miguel Ranch), making certain determinations and authorizing submittal of the levy of special taxes to the qualified electors of certain territory proposed to be annexed to Community Facilities District No, 2001-1 (San Miguel Ranch) and Improvement Area B thereto B) Resolution of the City Council of the City of Chula Vista, California, in its capacity as the legislative body of Community Facilities District No. 2001-1 (San Miguel Ranch), making certain determinations and authorizing the submittal of the proposed modifications to the facilities authorized to be financed by such Community Facilities District, the Rate and Method of Apportionment of Special Taxes authorized to be levied within Improvement Area B thereto and the authorized bonded indebtedness for Improvement Area B to the qualified electors thereof Director of General Services/City Engineer 6k-- C· GrL-.,fV ItyManager ç~v' (4/5ths Vote: Yes_NoK..) On December 14, 2004, Council approved the Resolution of Intention declaring its intention to consider modifications to the authorized facilities list, the Rate and Method of Apportionment of special taxes within Improvement Area B of Community Facilities District No. 2001-1 (San Miguel Ranch) ("CFD No. 2001-1") and the bond authorization for Improvement Area B. The City Council adopted a separate resolution declaring its intention to annex certain territory to CFD No. 2001-1 and Improvement Area B thereto. In adopting both resolutions the City Council also set public hearings for January 18, 2005. The public hearing was continued to the January 25,2005 City Council meeting due to the cancellation ofthe January 18, 2005 meeting, Tonight's actions are to conduct the public hearings concurrently and, at the conclusion of the public hearings, to consider the adoption of separate resolutions making determinations regarding the proposed modifications and annexation and submitting the proposed modifications to the qualified electors of Improvement Area B and the proposed levy of special taxes within the territory proposed to annexed to CFD No. 2001-1 to the qualified electors of such territory,. SUBMITTED BY: REVIEWED BY: 15-1 Page 2, Item Meeting Date ¡¡;; 1/25/05 BOARPS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council: · Open the Hearing, take public testimony, close the public hearing; · Approve the Resolution (A) authorizing the annexation of certain territory to such Community Facilities District Improvement Area B and Submittal of Levy of Special Taxes to the Qualified Electors thereof; · Approve the Resolution (B) authorizing the modifications to the facilities authorized to be financed by and changes to the Rate and Method of Apportionment of Special Taxes authorized to be levied within Improvement Area B and the bond authorization for Improvement Area B. DISCUSSION: Public Hearin!!:s The public hearings are to be held concurrently for the purpose of considering (a) the proposed modifications to the facilities authorized to be financed by CFD No. 2001-1, the rate and method of apportionment of special taxes authorized to be levied in Improvement Area B thereof and the bond authorization for Improvement Area B and (B) the proposed annexation of certain territory to CFD No. 2001-1 and Improvement Area B thereof. The Resolution of Intention to modify Community Facilities District No, 2001-1 and the Resolution of Intention to annex territory to CFD No. 2001-1 were approved by City Council on December 14, 2004. Development Back!!:round The development of San Miguel Ranch has occurred ITom the east to the west. Two improvement areas were set up within the CFD so that the land secured financing would follow suit. San Miguel Ranch is bisected by SR-125, which generally is the boundary between the two Improvement Area ofCFD2001-1; the west side of San Miguel Ranch being Improvement area "B" and the east being Improvement Area "A" (see Exhibit 2). After tonight's action, and a vote by the qualified electors, Improvement Area "B" will also include the commercial site located east ofSR-125 at the southeast comer of Proctor Valley Road and Mt. Miguel Road, Increased Debt Limit On December 4,2001, Council approved the Resolution to Form Community Facilities District No. 2001-1 (San Miguel Ranch) (CFD No. 2001-1). Since that time the District has sold $14.4 million in bonds secured by special taxes authorized to be levied within Improvement Area A to [mance authorized facilities. The existing authorized bonded indebtedness for Improvement Area B was established in 2001 however, bonds were not sold at that time, PropertYPDces have since increased and the debt ceiling is now being proposed to be increased from $6,000,000 to $14,000,000, This is a debt ceiling and not the bond issuance amount. The bond issuance amount will be will be determined by a full appraisal and market 15-2 /~ Page 3, Item J Meeting Date 1/25/05 absorption study as required by Council Resolution 19300, "City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts" dated December 8, 1998 ("CFD Policy"). The additional funds are proposed to be used for the amended facilities list as discussed below. The increased debt limit must be approved by a super majority of the qualified electors of Improvement Area "B" and does not affect the special tax rate of the existing homeowners within Improvement area "A". There is no direct cost to the City. All expenses related to the district administration (including levying and collecting the special taxes) are funded by the district. The ultimate security behind the bonds is the property located within the district, not the City's General Fund or its ability to tax property within its jurisdiction. CFD No. 2001-1 was formed in conformance with the CFD policy. Commercial Site Currently, there is a 14.40 acre comìnercia1 area being proposed to be developed at the southeast comer of Mount Miguel Road and Proctor Valley Road. This commercial site is composed of three parcels 1) a 9.87 acres parcel, 2) a 4,07 acre parcel and 3) a.46 easement parcel (Old Proctor Valley Road to be abandoned), The 9,87 acre parcel is within CFD No. 2001-1, while the 4,07 and .46 acre parcels are not. Tonight's action will place all ofthese parcels within Improvement Area "B" and increase the commercial special tax rate from $2,263 to $4,000 per acre per year. The commercial property will have approximately $1.7 million in credit towards its Transportation Development Impact Fee obligation ITom existing cash credits and CFD 2001-1 Improvement Area A Bond proceeds. Residential Development The current development proposal is to construct 286 Single Family Detached Units in Improvement Area B. These units range in size ITom 3,100 sq.ft. to 5,000 sq.ft., with a price range ITom the approximately $720,000 to $1,083,000. The current assigned special tax rate for Improvement Area B residential property, approved by Council on September 25, 2001, is $475.00 per unit plus $.32 per square foot of residential floor area. The developer proposes to increase the Assigned Special Tax for residential property to $475.00 per unit plus $,82 per square foot All CFD's are required by Council Policy to limit total annual taxes and assessments to 2% of the value of the home. Preliminary estimates showing this project will be a maximum of 1.75% however, the appraisal will refine this number prior to the bond sale for Improvement Area "B". If the market falls after the bond sale the developer is required by the Acquisition Financing Agreement to buy down the debt to meet the CFD Policy. District Boundaries Exhibits 2 and 3 represents the amended district boundaries and annexation map of the proposed commercial parcels to be included within San Miguel Ranch owned by NNP- Trimark and Proctor Valley West Partners, LLC. The proposed annexation commercial property is located in the southeast quadrant, which ITonts Proctor Valley Road to the north and Mount Miguel Road to the west. The residential property is in the western half of the CFD No. 2001-1 and is bounded by the Proposed SR-125 to the east and extension of Proctor Valley Road to the west and south. 15-3 Page 4, Item Meeting Date 1/25/05 IS' The Improvements The maximum Special Tax revenue (using the proposed revised Special Tax rates noted previously) from all properties within Improvement Area B would support a total bonded indebtedness of approximately $12 million (assuming a 6.5 % interest rate and a 30 year term on the bonds), A bond sale amount of $12 million will finance approximately $9.5 million in eligible facilities. The balance of proceeds would be allocated to reserve fund, capitalized interest, district formation consultants and bond issuance costs. The developer is proposing the financing of backbone streets and associated improvements (i,e" grading, sewer, streets, landscaping, and utilities), Park Acquisition and Development Fee (PAD) and Public Development Impact Fee (PFDIF) improvements. Following is a general description of the proposed facilities, but not limited to: Improvement Area B · San Miguel Ranch Road · Proctor Valley Road · Those Facilities to be financed from the Proceeds of Public Facilities Development Impact Fees payable as a condition of development of property within CFD No. 2001-1 · Those Facilities to be financed ITom the Proceeds of the Park Acquisition and Development Fees payable as a condition of development of property within CFD No, 2001-1 · Those Facilities to be financed ITom the Proceeds ofthe Fiscal Deficit Impact Fee. The actual amount to be financed by Improvement AreaB within CFD No. 2001-1 would depend upon a number of factors including fma1 interest rate on the bonds and value to lien ratio and may be higher or less than the potential bond costs mentioned above. Amended Special Tax Report A copy of the Amended Special Tax Report ("Community Facilities District Report· Mello-Roos Community Facilities Act of 1982 Community Facilities District No. 2001-1 for San Miguel Ranch has been prepared by the Special Tax Consultant, McGill Martin Self, Inc., is included as Exhibit 4, and is on file, and available for public review in the City Clerk's Office, Said report incorporates proposed changes and modification to the "Rate and Method of Apportionment" (RMA) previously described above, The Amended Special Tax Report ("Community Facilities District Report for CFD No. 2001-1 for San Miguel Ranch) has been amended to incorporate the proposed changes to allow certain additional facilities, including facilities that would be funded from various DIF programs elements and reflect the proposed Special Tax Rate adjustments in the RMA. ; 15-4 Page 5, Item Meeting Date IS 1/25/05 Resolutions There are two resolutions on today's agenda that, if adopted, will accomplish the following: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFŒD ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITŒS DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) AND IMPROVEMENT AREA B THERETO and performs the following: · Makes certain determinations as set forth in the resolution regarding the proposed annexation to CFD No, 2001-1 and Improvement Area B; · Submits a ballot proposition to the property owners within the territory proposed to be annexed to authorize the levy of special taxes within such territory; · Establishes an election procedure, RESOLUTION MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE SUBMITTAL OF THE PROPOSED MODIFICATIONS TO THE FACILITŒS AUTHORIZED TO BE FINANCED BY COMMUNITY FACILITŒS DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVŒD WITHIN IMPROVEMENT AREA B THEREOF AND THE AUTHORIZED BONDED INDEBTEDNESS FOR SUCH IMPROVEMENT AREA TO THE QUALIFIED ELECTORS THEREOF and performs the following: · Approves, subjectto approval by the qualified electors of Improvement Area B, modifications to the Special Tax Rates for Improvement Area B, authorizes CFD No. 2001-1 to finance certain additional facilities, i.e., primarily PFDIF and PAD facilities and increases the bond authorization for Improvement Area B ITom $6,000,000 to $14,000,000, · Submits ballot propositions to the qualified electors of Improvement Area B to authorize the modification of the facilities authorized to be financed by CFD No. 2001-1, the rate and method of apportionment of special taxes within Improvement Area B and the bond authorization for Improvement Area B. Notice All property owners within Improvement Area B of Community Facilities District No. 2001-1 (San Miguel Ranch) have been notified of the public hearing by public notice in the Chu1a Vista Star News, Daily Transcript or any other adjudicated newspaper in general circulation. Future Actions Adoptions of tonight's Resolutions will change and modify the types of Public Facilities to be financed ITom Community Facilities District No. 2001-1 (San Miguel Ranch), the rate and method of apportionment of special taxes authorized to be levied in Improvement Area B and the bond authorization for Improvement Area B, to direct staff to prepare the necessary ballot documents, and to a hold special election February 1,2005. The City Council on February 8,2005 will hear and certify the election results and assuming the ballot measures are passed by the réquisite vote of the qualified electors, will adopt the Resolutions. 15-5 Page 6, Item Meeting Date 15 1/25/05 FISCAL IMPACT None, the developer will pay all costs and has deposited money to fund initial consultant costs, and City costs in accordance with the approved Reimbursement Agreement The City will receive the benefit of the full cost recovery for staff time involved in District modifications and administration activities Attachments: Exhibit 1: Amended RMA for CFD No. 2001-1 Improvement Area B Exhibit 2: Amended Boundary Map for CFD No. 2001-1 Exhibit 3: Annexation Map for CFD No. 2001-1 Exhibit 4: Special Tax Report: Community Facilities District No. 2001-1 (San Miguel Ranch) J:\Engineer\AGENDA\CAS 1-25-05 MMS CCV W Diven Final, l-25-05.doc 15-6 AMENDED RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 2001-1, IMPROVEMENT AREA B (San Miguel Ranch) A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property within the City of Chula Vista Community Facilities District No. 2001-1 ("CFD No, 2001-1 Improvement Area B") and collected each Fiscal Year commencing in Fiscal Year 2005-06, in an amount determined by the City Council through the application of the appropriate Special Tax for "Developed Property," and "Undeveloped Property as described below, All of the real property in Improvement Area B, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided, A. DEFINITIONS The terms hereinafter set forth have the following meanings: " 'A' Map" shall mean a master fmal subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which subdivides the land or a portion thereof shown on a tentative map into "super block" lots corresponding to units or phasing of a combination of units as shown on such tentative map and which may further show open space lot dedications, backbone street dedications and utility easements required to serve such "super block" lots, "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable fmal map, parcel map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps are not available, the Acreage shall be determined by the City Engineer, "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2,5, Division 2 of Title 5 of the Gove=ent Code of the State of California, "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration ofImprovement Area B of CFD No. 2001-1 including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No, 2001-1, or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2001-1, or any designee thereof of complying with disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs as~ociated with preparing Special Tax disclosure City ofChula Vista Community FacUities District No, 2001-1, Improvement Area B San Mif!Uel Ranch 1 5 - 7 Revised Navember 2004 Palle 1 statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No, 2001-1, or any designee thereof related to an appeal of the Special Tax; and the costs associated with the release of funds ITom an escrow account, if any, Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2001-1, Improvement Area B for any other administrative purposes ofCFD No, 2001-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes, "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Laod Use Category of Developed Property as determined in accordance with Section C.l, a, "Available Funds" means the balance io the reserve fund established pursuant to the terms of the Indenture io excess of the reserve requirement as defIned in such Indenture, delinquent Special Tax payments, the Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specifIed in such Indenture, "Backup Special Tax" means the Special Tax amount set forth in Section C. Lb, "Bonds" means any bonds or other debt (as defIned in the Act), whether in one or more series, issued by CFD No, 2001-1 for Improvement Area B under the Act, "CFD Administrator" means ao official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes, "CFD No. 2001-1" means City of Chu1a Vista, Community Facilities District No, 2001-1 (San Miguel Ranch), "City" means the City of Chu1a Vista, "Commercial Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more non-residential structures, excluding Community Purpose Facility Property, "Community Purpose Facility Property" means all Assessor's Parcels which are (a) classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No, 2002-2883 as amended on November 5, 2002 or (b) designated with specific boundaries and acreage on an 'A' Map or Fioal Subdivision Map as a community purpose facility, City ofChula Vista Community Facilities District No, 2001-1, ImprovementArea B San Miguel Ranch RfNised November 2004 15 8 Page 2 "Council" means the City Council of the City, acting as the legislative body of CFD No, 2001-1. "County" means the County of San Diego, "Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to March 1 of the prior Fiscal Year, "Exempt Property" means all Assessor's Parcels that are exempt ITom the levy of the Special Tax pursuant to the provisions of Section E. "Final Map" means a subdivision of property created by recordation of a final map, parcel map, or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area B" means Improvement Area B ofCFD No, 2001-1. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented ITom time to time, and any instrument replacing or supplementing the same, "Land Use Class" means any of the classes listed in Table 1 of Section C. "Lot(s)" means an: individual legal lot created by a Final Map for which a building permit for residential construction has been or could be issued, "Master Developer" means the owner of the predominant amount of Undeveloped Property in Improvement Area B. "Maximum Annual Special Tax" means the maximum annual Special Tax, determined in accordance with the provisions of Section C , that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property, "Outstanding Bonds" means all Bonds which remain outstanding, "Property Owner Association Property" means any property within the boundaries of CFD No. 2001-1 which is (a) owned by a property owner association or (b) is designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map as property owner association property, As used in this definition, a property owner association property includes any master or sub-association, City ofChula Vista Community Facilities District No. 2001-1, ImprovementArea B San Miguel Ranch Revised November 2004 15 :J Page 3 "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels of Developed Property within Improvement Area B, For Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property within Improvement Area B. "Public Property" means any property within the boundaries of CFD No. 2001-1 that which (a) is owned by a public agency, (b) has been irrevocably offered for dedication, prior to June 1 st of the preceding Fiscal Year, to a public agency or (c) is designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map as property which will be owned by a public agency, For purposes of this defInition, a public agency includes the federal government, the State of California, the County, the City or any other public agency, "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units, "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area, The determination of Residential Floor Area shall be made by reference to appropriate records kept by the City's Building Department, Residential Floor Area will be based on the building permit(s) issued for each dwelling unit prior to it being classified as Residential Property, and shall not change as a result of additions or modifications made after such classification as Residential Property, "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No, 2001-1, Improvement Area B to: (i) pay annual debt service on all Outstanding Bonds; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accord'lllce with the Indenture; (v) and pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD No. 2001-1 for Improvement Area B; (vi) less a credit for Available Funds, "State" means the State of California, "Taxable Property" means all of the Assessor's Parcels within the boundaries of Improvement Area B which are not exempt ITom the Special Tax pursuant to law or Section E below, "Trustee" means the trustee, fiscal agent, OJ: paying agent under the Indenture, City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ranch Revised November 2004 15 10 Page 4 "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. "Zone I" means a specific geographic area as depicted in Exhibit A attached hereto, "Zone 2" means a specific geographic area as depicted in Exhibit A attached hereto, B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within Improvement Area B shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below, Furthermore, Developed Property shall be classified as Residential Property or Commercial Property. C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or Co=ercia1 Property that is classified as Developed Property shall be the greater of (1) the Assigned Special Tax described in Table 1 below or (2) the amount derived by application of the Backup Special Tax, a. Assi!!ned Soecia1 Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table 1. TABLE 1 Assigned Special Tax for Developed Property within Zone 1 and Zone 2 Land Use Class 1 Descri tion Residential Property Assi ned S ecia1 Tax $475,00 per unit plus $0,82 per square foot of Residential Floor Area $4,000 per Acre of Commercial Pro e 2 Co=ercial Property City ofChula Vista Community Facilities District No, 2001-1, 1mprovementArea B San Miguel Ranch Revised Navember 2004 15 11 Page 5 b. Backup Special Tax When a Final Map is recorded within Zone 1 or Zone 2, the Backup Special Tax for Assessor's Parcels of Developed Property classified as Residential Property or Commercial Property shall be determined as follows: For each Assessor's Parcel of Developed Property classified as Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property within the Final Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone 1 $10,444xA B= ------------------------ L Zone 2 $4,444xA B= ------------------------ L The terms above have the following meanings: B = Backup Special Tax per Lot in each Fiscal Year, A = Acreage classified or to be classified as Residential Property in such Final Map, L = Lots in the Final Map which are classified or to be classified as Residential Property, For each Assessor's Parcel of Developed Property classified as Commercial Property or for each Assessor's Parcel of Undeveloped Property to be classified as Co=ercia1 Property within the Final Map area, the Backup Special Tax shall be determined by multiplying $10,444 for Zone 1 and $4,444 for Zone 2 by the total Acreage of the Commercial Property and Undeveloped Property to be classified as Commercial Property within the Final Map area, Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Commercial Property or Undeveloped Property for which the total Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Map, then the total Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the amount of total Backup Special Tax that would have been generated if such change did not take place, City ofChula Vista Community Facilities District No, 2001-1. Improvement Area B San Miguel Ranch RlNised Navember 2004 1 S 12 Page 6 2. Undeveloped Property The Maximum Annual Special Tax for each Assessor's Parcel classified as Undeveloped Property shall be $10,444 per Acre for Zone 1 and $4,444 per Acre for Zone 2, D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2005-06 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, excluding any Assessor's Parcels classified as Undeveloped Property pursuant to Section E, at up to 100% of the Maximum Annual Special Tax for Undeveloped Property, Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel whose Maximum Annual Special Tax is derived by the application of the Backup Special Tax and shall be increased Proportionately ITom the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's ParceL Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel classified as Undeveloped Property pursuant to Section E at up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased by more than ten percent per year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel in Improvement Area B, City ofChula Vista Community Facilities District No, 2001-1, ImprovementArea B San Miguel Ranch Revised November 2004 1 S 13 Page 7 E. EXEMPTIONS 1, The CFD Administrator shall classify as Exempt Property (i) Assessor's Parcels defmed as Public Property, (ii) Assessor's Parcels defmed as Property Owner Association Property, (iii) Assessor's Parcels defined as Community Purpose Facility Property or (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, provided that no such classification would reduce the sum of all Taxable Property to less than 100,94 Acres in Zone 1 and 9,63 Acres in Zone 2. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 100.94 Acres in Zone 1 and 9,63 Acres in Zone 2 will be classified as Undeveloped Property and shall be taxed as such, Tax-exempt status for purposes of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes Exempt Property, 2, The Maximum Annual Special Tax obligation for any Public Property which cannot be classified as Exempt Property as described in the first paragraph of Section E shall be prepaid in full by the seller pursuant to Section H.l, prior to the transfer/dedication of such property, Until the Maximum Annual Special Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Undeveloped Property, 3, If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in paragraph 1 that would make such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property, F. REVIEW/APPEAL COMMITTEE The Council shall establish as part of the proceedings and administration ofCFD No, 2001- 1, Improvement Area B a special three-member Review/Appeal Committee, Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may file a written notice with the Review/Appeal Committee appealing the amount of the Special Tax levied on such Assessor's Parcel. The Review/Appeal Committee may establish such procedures as it deems necessary to undertake the review of any such appeal, The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified, The decision of the Review/Appeal Committee shall be final and binding as to all persons, City ofChula Vista Community Facilities District No, 2001-1. ImprovementArea B San Miguel Ranch Revised November 2004 15 14 Page 8 G. MANNER OF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No, 2001-1, Improvement Area B may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels which are delinquent in the payment of Special Taxes, Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council, H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFD Public Facilities" means those public facilities authorized to be fmanced by Improvement Area B, "CFD Public Facilities Costs" means either $9,75 million, or such lower number as shall be determined either by (a) the CFD Administrator as sufficient to finance the CFD Public Facilities, or (b) the Council concurrently with a covenant that it will not issue any more Bonds to be secured by Special Taxes levied under this Rate and Method of Apportionment, "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct the CFD Public Facilities, "Future Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion of the CFD Public Facilities Costs previously funded (i) ITom the proceeds of all previously issued Bonds, (ii) ITom interest earnings on the Construction Fund actually earned prior to the date of prepayment and (iii) directly from Special Tax revenues and (b) the amount of the proceeds of all previously issued Bonds then on deposit in the Construction Fund, "Outstanding Bonds" means all previously issued Bonds which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes, , City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ranch Revised November 2004 1::; 1::; Page 9 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied by an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Public Property, The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment, An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay, Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this figure, The Prepayment Amount (defined below) shall be calculated as su=arized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus plus less less Total: equals Redemption Premium Future Facilities Amount Defeasance Amount Prepayment Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: L For Assessor's Parcels of Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid, For Assessor's Parcels of Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property, 2, Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within Improvement Area B excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid, - City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ranch Revised November 2004 15 16 Page 10 3, Multiply the quotient computed pursuant to p;¡ragraph 2 by the principal amount of Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). 4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"), 5, If all the Bonds authorized to be issued for Improvement Area B have not been issued, compute the Future Facilities Costs, 6. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount"), 7, Compute the amount needed to pay interest on the Bond Redemption Amount ITom the fIrst bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds, 8, ConfIrm that no Special Tax delinquencies apply to such Assessor's Parcel. 9, Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid, 10, Determine the fees and expenses of Improvement Area B, including but not limited to, the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds ITom the proceeds of such prepayment, and the cost of recording any notices to evidence the prepayment and the redemption (the "Prepayment Fees and Expenses"), 1 L Compute the amount the CFD Administrator reasonably expects to derive ITom the reinvestment of the Prepayment Amount less the Prepayment Fees .and Expenses as determined pursuant to paragraph 10, ITom the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment, 12. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount computed pursuant to paragraph 11 (the "Defeasance Amount"), 13, The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defmed in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in,no event shall such amount be less than zero. : Revised Navemher 2004 City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ranch 1:; 17 Page 11 14, If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 10 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Prepayment Amount"). 16, From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 12, 13, and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments, The amount computed pursuant to paragraph 10 shall be retained by CFD No, 2001- 1, Improvement Area B. The amount computed pursuant to paragraph 6 shall be deposited in the Construction Fund, The Prepayment Amount may be insufficient to redeem other than a $5,000 increment of Bonds, In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments, As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel ITom the County tax rolls, With respect to any Assessor's Parcel that is prepaid, the CFD Administrator shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease, Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within CFD No, 2001-1, Improvement Area B both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds, Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council, 2. Prepayment in Part The Maximum Annual Special Tax obligation on an Assessor's Parcel of Developed Property or an Assessor's Parçel of Undeveloped Property for which a building permit has been issued may be partially prepaid, The 1Ifllount of the prepayment shall be calculated as City ofChula Vista Community Facilities District No, 2001-1, ImprovementArea B San Miguel Ranch R<Nised November 2004 1::; 1 a Page 12 in Section H.l; except that a partial prepayment shall be calculated according to the following formula: PP = (PE X F) + A These terms have the following meaniog: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.l, minus Prepayment Fees and Expenses pursuant to Step 10, F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Annual Special Tax, A= the Prepayment Fees and Expenses pursuant to Step 10, The owner of an Assessor's Parcel who desires to partially prepay the Maximum Anoual Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable, The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel withio 30 days of the request and may charge a reasonable fee for providing this service, With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Paragraph 16 of Section H.1, and (ii) indicate io the records ofCFD No, 2001-1, Improvement Area B that there has been a partial prepayment of the Maximum Anoual Special Tax and that a portion of the Maximum Anoual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. I. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Anoual Special Tax shall be levied commencing in Fiscal Year 2005-06 to the extent necessary to fully satisfy the Special Tax Requirement for a period no longer than 2041-42, . City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ronch R~ised November 2004 1::; 1 9 Po?;e 13 T""" I T""" o o C\I o z ~ u - u.c::: o~~ [gOOG ~-z <t:O~ o zoo ill :)w:) g-0 o~~ w-Z O..J<t: Z-(/) wU~ ~<t: <t:u.. >- ~ - Z :J ~ ~ o u '" o "'f- en\! "'I!' "'en "'- "'0 ~~í ...Ji=õ "'::Jo CJUN !i~Ò a. z en~ ~Z en" en'" "'''' eno en" « o C) w ë z « VJ u.« 02 ç~ zu. :J:¡ 8<5 .u. ¡::o VJw >!;¡: ~f-' :JVJ :r ü u. o ç 13 ::i g; .. _o_~ N~~ m~~~~~N~~ .'It 1010"" en 0:1 0..,. C'\I'" 'It 2' ø ~IO..,.JII')N~ 2~222 ¿ N2022~222~~~¿~;££_ .J: '--1:-1:..1:: _............ ..... a~-~~~~____ --550 -NN .-- ---5500 1 I 6 ~~~""'''''õõõoool ! 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'" ~ g", ,111'1 ,j ~ !i ~ ¡ ~ ¡ ~ i 3 ~ I I ~ ~ I I I I o I i o.~ 0 ~ ~o~ .;! ~ ~ i~~;~ ~~~!o~ ~ol ~~ § ~ ~-~ ¡,,;¡ I~;M~ ~i~1 ~~; ~~~~§ ft Ii;; !I~~ ~~å~j~ .~I~~ ~~ I~ ¡I¡~i~ JI:= 1,1 il !r~6i~ ~~i~ ~~~~ ~~~ _1!I~*3D sla~ ~C~~ DO~ ~ r¡ ~o!~ ~~~8 ~d; ]11 äl~1 td~. ,~~o Q ~ï~~ §§~ ~ ~~§!~~ ~ "r~! l!I~bl!l ~ . . U'¡;' Z ~ Q _!I 2~ 1iz..~CI:I :;æ ~ ~ a~~&; rz:¡... r..~:: ~ ...... m; J,¡~~ za:: t3æ:~ .....~ ø... 1i;CO ¡;¡.s ~L;; -< 0!:I!!3~1O: :::01~ :ü ~ifl eJ~ G t.J r.Q ~ :::01] ~ ~ ~ n ~ L " ~ ~ I L., '11:1 « w '" « I- z W "" ~ . o '" "- ;:; ~ ~ ~ §! ¡~ ¡ ~ ¡¡ I . ~ ~ . COMMUNITY FACILITIES DISTRICT :MELLO-ROOS COMMUNITY FACILITIES ACT 1982 SPECIAL TAX REPORT COMMUNITY FACILITIES DISTRICT NO. 2001-1 IMPROVEMENT AREAS A AND B SAN MIGUEL RANCH For the City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 .. ··~·~··(l~··· ~..~,. ._....... ... 7i·iiMii --~ '-' -- "....,.. ... ,,-,_.. .". '. ·?;:·'::::::·:...::~:B·"f!;~~~\<·:.:·::":'/ ," - ',-,"'-'''''''----- ..,..-....---.' ---',",', ". ,..."."..""....... ,.....".... ...:__ n.._._..____._...._._._._._......._. . ·CllY·O· ·F· . ." ,..., ",. -,. . .. '-","- ,.-._., '-',' ---.' .--, . ." '" ,,- ,.. .. CBUIJ\VISfA .. Prepared by McGill Martin Self, Inc. 344 F Street Suite 100 Chula Vista, California 91910 Novemberc6,2001 Amended December 7, 2004 15-22 TABLE OF CONTENTS Page I. INTRODUCTION ,__ ,__,__,__,__ __, '__'____' __, __, ,__ ,__", __,__"" ,__ ,__ ,____, __, ,__,____, __, __, 1 II. PROJECT DESCRIPTION, __, __ __" __ __, __, __" __ __, __ ____, __ __, __" __ __, __, __, __, __"" __, __, HH 2-3 m. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES, , . . . . . . . . . ' . . . . , . . . . . .. 3 A. Description of Proposed Public Improvements",,"""" "..,..., '" ,.."", 'H 3-4 B. Estimated Cost of Proposed Public Improvements.., """'" '" '" """ ,., '" 4-5 IV. BONDED INDEBTEDNESS AND INCIDENTAL ExPENSES __, __. ... . __ __, ,__ __"" __, __, ,__ ,__ 6 A. Projected Bond Sales ______,____,__________________,____________________.__________, 6 B. Incidental Bond Issuance Expenses to be Included in the Proposed Bonded Indebtedness __, __ , __ , , __ , __ , __ __ ' __ , __ , __ , , __ . __ __ __ __ __ , __ , __ , __ , __ , __ , , __ __ , __ , __ __ 6 C. Incidental Expenses to be Included in the Annual Levy of Special Taxes H 6 V. RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX '" '" '" """'" '" 7 A. Explanation for Special Tax Apportionment. __. __ __"" __,."", __, __, __. __ __H 7-8 B. Maximum Annual Special Tax Rates, __ ,__ ,__ __, __, __, ,__ ,__ __, __"" __, __, ,__ H 8 C. Backup Special Tax __q__ ______ __q __ __ ____ __ __ ,.. __ __, ______ ______ __, __, ____ ,____, 8 D, Accuracy ofInfoTIDation ,__ __" __, __ __, __, __"" __, __'. __ __, __, __, __, __, __" __H' __ 9 VI. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT __..., __ ' __ , __ , __ , __ , , __ , , , __ __ __ , 9 VII. GENERAL TERMS AND CONDITIONS __, ,__,__ __,__,,____, __,__, __, __, __. ,__ __'.__ ",__, ____ 9 A. Substitution Facilities __" __ __. __, __, __" __, __ __, __"" __" __, __." __, __, __, __", __, 9 B. Interim Transportation Facilities__. __. __. __.." __,." __" __, __ __,. __ __. __: __" __ H 9 C. Appeals .__. "__,__,__,__",__""__,,__,__,__,____,,__,____,,____,,,,,__,__,____,__. 9 EXHIBITS Exhibit A Exhibit B Exhibit C-l Exhibit C-2 Exhibit D Recorded Amended Boundary Map Recorded Annexation Map # 1 Rate and Method of Apportionment - Improvement Area A Rate and Method of Apportionment - Improvement Area B Assigned Maximum Special Tax Rates 15-23 I. lNTRoDUC110N WHEREAS, the City of Chula Vista did, pursuant to the provIsion of the Mello-Roos Community Facilities Act of 1982, being Chapter 2,5, Part 1, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to as the "Act"), and specifically Section 53321.5 thereof, expressly order the filing of a written "Report" with the legislative body of the proposed Co=unity Facilities District, This Community Facilities District being Co=unity Facilities District No, 2001-1 (San Miguel Ranch) shall hereinafter be referred to as: "CFD No, 2001-1"; and WHEREAS, the Resolution Ordering and Directing the Preparation of a Report for Proposed Co=unity Facilities District No, 2001-1 (San Miguel Ranch) did direct that said Report generally contain the following: FACILITIES: A full and complete description of the public facilities the acquisition of which are proposed to be fmanced through the CFD, COST ESTIMATE: A general cost estimate setting forth costs of acquiring such facilities, SPECIAL TAX: Further particulars and documentation regarding the rate and method of apportionment for the authorized special tax, NOW, THEREFORE, I, Sohaib Al-Agha, City Engineer of the City of Chula Vista, and the appointed responsible officer directed to prepare this Special Tax Report or cause the Report to be prepared pursuant to the provisions of the Act, do hereby submit this Report, ; CmnmunityFacilities District No. 2001-1 San Miguel Ranch Page 1 Navonber 2001 Amended December 2004 15-24 n. PROJECf DESCRIPTION CFD No, 2001-1 encompasses approximately 782,98 gross acres ofland located in the portion of the south San Diego City of Chu1a Vista known as "San Miguel Ranch". Refer to Exhibit A- for a reduced copy of the Recorded Boundary Map, Of this acreage, approximately 257.38 acres is expected to be developed by several merchant builders for residential and co=ercial development, 43 acres for Co=unity Facilities and 13 acres for an Elementary school site, This Community Facilities District (CFD No, 2001-1) is divided by SR 125 into two separate areas, Improvement Area A and Improvement Area B. Improvement Area A Improvement Area A consists of approximately 460,86 gross acres of land to the east of SR 125 in CFD No. 2001-1. Of this acreage, approximately 125,61 acres is designated for residential housing. Currently Continental Residential Inc" Pardee Construction Company and Trimark Pacific Homes have purchased Planning Areas, Continental Residential Inc, has purchased Planning Area C and will build approximately 11 0 single-family attached units, Pardee Construction Company has purchased Planning Area D and will build approximately 107 single- family detached homes. Both of these areas, lots will have a minimum size of 4,000 square feet, Trimark Pacific Homes (related entity to NNP-Trimark San Miguel, LLC) have purchased Planning Area I and will build approximately 105 single-family homes, These lots will have a minimum size of 6,000 square feet The remaining 348 single-family attached product will be built as part of Planning Areas A and B, and the remaining 496 single-family detached homes will be built as part of Planning Area E, F, G, H and L These lots will be built out as other merchant builders purchase units and/or NNP- Trimark San Miguel, LLC proceeds with construction, At build-out, it is expected that Improvement Area A will consist of approximately 603 Single Family Detached Units, 458 Single Family Attached Units, 43 acres for Co=unity Facilities and 13 acres for an Elementary school site as shown on the approved master Map No, CVT 99- 04, The Single Family Uses are anticipated to generate approximately 2,101,125 square feet of residential building square footage, , Special taxes for CFD No. 2001-1 (San Miguel Ranch) Improvement Area A shall be levied to Taxable Property to satisfy the Special Tax Requirement as follows: · First, to Developed Property up to the Maximum Annual Special Tax; · Second, if necessary, to Undeveloped Property up to the Maximum Annual Special Tax for Undeveloped Property; · Third, if necessary, Maximum Annual Special Tax derived by the application of the Backup Special Tax increased proportionately ITom the Assigned Special Tax up to the Maximum Annual Special Tax and Community Facilities District No. 2001-1 San Miguel Ranch Page 2 Navember 2001 Amended December 2004 15-25 · Fourth, if necessary, Special Tax increased proportionately, to Undeveloped Property pursuant to Section E of Exhibit B-1 up to the Maximum Annual Special Tax for Undeveloped Property, ImDrovement Area B Improvement Area B consists of approximately 308,12 gross acres ofland to the west of SR 125 and 14.4 gross acres east ofSRc125 in CFD No. 2001-1. Of this acreage, approximately 121.90 acres is designated for residential estate housing and as 10,7 acres for commercial use, Lots in Planning Area J range ITom 7,000 square feet to 12,500 square feet and lots in planning Area K and L range ITom 15,000 to 27,000 square feet for these residences, At build-out it is expected that there will be approximately 286 Single Family Estate Residences as shown on the approved Master Map No, CVT 99-04. The Single Family Uses are anticipated to generate approximately 1,119,950 square feet of residential building square footage, Special taxes for CFD No, 2001-1 (San Miguel Ranch) Improvement Area B shall be levied to Taxable Property to satisfy the Special Tax Requirement as follows: · First, to Developed Property up to the Maximum Annual Special Tax; · Second, if necessary, to Undeveloped Property up to the Maximum Annual Special Tax for Undeveloped Property; · Third, if necessary, Maximum Annual Special Tax derived by the application of the Backup Special Tax increased proportionately ITom the Assigned Special Tax up to the Maximum Annual Special Tax and · Fourth, if necessary, Special Tax increased proportionately, to Undeveloped Property pursuant to Section E of Exhibit C-2 up to the Maximum Annual Special Tax for Undeveloped Property, III. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES A. DescriDtion of Pro Dosed Public ImDrovements A co=unity facilities district may provide for the purchase, construction, expansion, or rehabilitation of any real or tangible property, including public facilities and infiastructure improvements with an estimated useful life of five (5) years or longer, which is necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring within the co=unity facilities district. In addition, a community facilities district may pay in full all amounts necessary to eliminate any fixed special assessment liens or to pay, repay, or defease any obligation to payor any indebtedness secured by any tax, fee, charge, or assessment levied within the area of the co=unity facilities district. Community Facilities Distn·ct No. 2001-1 San Miguel Ranch Page 3 November 2001 Amended December 2004 15-26 The facilities described in this Report are all facilities which the legislative body creating CFD No, 2001-1 is authorized to own, construct, or finance, and which are required, in part, to adequately meet the needs ofCFD No, 2001-1. In addition, the facilities meet the criteria for authorized public facilities set forth in the City's Statement of Goals and Policies regarding the establishment of Community Facilities Districts. The actual facilities described herein are those currently expected to be required to adequately meet, in part, the needs of CFD No. 2001-1. Because the actual needs of CFD No. 2001-1 arising as development progresses therein may differ from those currently anticipated, CFD No. 2001-1 reserves the right to modify the actual facilities proposed herein to the extent CFD No, 2001-1 deems necessary, in its sole discretion to meet those needs, The Special Taxes required to pay for the construction or financing of said facilities will be apportioned as described in the Rate aod Method of Apportionments (RMA) of the Special Tax for CFD No, 2001-1 Improvement Area A (Exhibit C-1) and the Amended RMA for CFD No, 2001-1 Improvement Area B (Exhibit C-2). Proceeds of the proposed bonded indebtedness of CFD No, 2001-1 will be used to fmance backbone streets and associated improvements (i,e" grading, sewer, streets, landscaping, utilities, etc.), public facilities DIP Improvements, Park DIP Improvements aod Fiscal Deficit Fee facilities, Following is a general description of the proposed facilities: Imvrovement Area A · Mount Miguel Road East · Proctor Valley Road East · Calle La Marina · Paseo Vera Cruz · Calle La Quinta · Those Facilities to be fmanced from the Proceeds of Public Facilities Development Impact Fees payable as a condition of development of property within CFD 2001-1 Imvrovement Area B · San Miguel Ranch Road · Proctor Valley Road West · Those Facilities to be fmanced ITom the Proceeds of Public Facilities Development Impact Fees payable as a condition of development of property within CFD No, 2001-1. · Those Facilities to be fmanced from the Proceeds of Park Acquisition Development Fees payable as a condition of development of property within CFD No, 2001-1. Community Facilities District No. 2001-1 San Miguel Ranch Page 4 November 2001 Amended December 2004 15-27 . Those Facilities to be financed ITom the Proceeds of Fiscal Deficit Development Impact Fees payable as a condition of development of property within CFD No. 2001-1. B. Estimated Cost of Proposed Public Improvements The facilities and the estimated costs herein are subject to review and confirmation, The costs listed in Table 1, based upon current construction and land costs and actual costs may slightly differ from those estimates herein, Based on the current CFD No. 2001-1 cost estimates of approximately $22.3 million, there was $12,8 million allocated to previously sold bonds for Improvement Area A and proposed to be $9.5 million allocated from bond proceeds for reimbursement of eligible costs for Improvement Area B, the balance will be born by the developers, TABLE 1 IMPROVEMENT AREA A Facilities Improvements Estimated Cost · Mount Miguel Road East $5,710,906 · Proctor Valley Road East $459,153 · Calle La Marina $3,661,229 · Paseo Vera Cruz $717,259 · Calle La Quinta $974,186 · Those Facilities to be fInanced from the Proceeds of Public Facilities Development Impact Fees payable as a condition of development of property within CFD No. 2001-1 Community Facilities District No, 2001-1 San Miguel Ranch Page 5 November 2001 Amended December 2004 15-28 IMPROVEMENT AREA B Facilities Improvements Estimated Cost · San Miguel Ranch Road $4,846,285 · Proctor Valley Road West $1,639,629 · Those Facilities to be fInanced from $1,666,903 the Proceeds of Public Facilities Development Impact Fees payable as a condition of development of property within CFD No, 2001-1 · Those Facilities to be financed from $1,080,222 the Proceeds of Park Acquisition Development Impact Fees payable as a condition of development of property within CFD No, 2001-1 · Those Facilities to be fInanced from $286,000 the Proceeds of Fiscal DefIcit Impact Fees payable as a condition of development of property within CFD No. 2001-1 IV. BONDED INDEBTEDNESS AND. INCIDENTAL EXPENSES A. Proiect Bond Sale For CFD No, 2001-1 there will be two separate bond sales, One for Improvement Area A was sold for $14,425,000 in August of 2002 and one for Improvement Area B is slated for spring of 2005, Each Improvement Area will have with its own accounting, processing, and specifics to its obligated improvements within the CFD No, 2001-1. The bonds issued by CFD No, 2001-1 Improvement Area B are proposed to be $12 million, which will fmance approximately $9,5 million in facilities, The bonds issued by CFD No. 2001-1 Improvement Areas A and B will meet the terms and conditions of special tax bonds set forth in the City's State¡µent of Goals and Policies Regarding the Establishment of Community Facilities Districts, Community Facilities District No. 2001-1 San Miguel Ranch Page 6 November 2001 Amended December 2004 15-29 B. Incidental Bond Issuance EXDenses to be Included in the Pro Dosed Bonded Indebtedness for ImDrovement Areas A and B Pursuant to Section 53345,3 of the Act, bonded indebtedness may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the proposed debt is to be incurred, including, but not limited to, the costs oflegal, fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the district due and payable prior to the expiration of one year ITom the date of completion of the facilities, not to exceed two years; election costs; and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of obtaioing credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs, The reserve fund is estimated to be the maximum allowable under Federal Tax Law, All other incidental bond issuance expenses are estimated at 4 percent of the face amount of the bonds, C. Incidental EXDenses to be Included in the Annual Levv of SDecia1 Taxes for ImDrovement Areas A and B Pursuant to Section 53340 of the Act, the proceeds of any special tax may only be used to pay, in whole or part, the cost of providing public facilities, services and incidental expenses, As defined by the Act, incidental expenses include, but are not limited to, the . cost of planning and designing public facilities to be financed, including the cost of environmental evaluations of those facilities; the costs associated with the creation of the district, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the district; any other expenses incidental to the construction, comp1etíon, and inspection of the authorized work; and the retirement of existing bonded indebtedness. While the actual cost of administering CFD No, 2001-1 may vary, it is anticipated that the amount of special taxes, which can be collected, will be sufficient to fund at least $75,000 in annual administrative expenses prior to build-out of the project V. RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX All of the property located within CFD No. 2001-1, unless exempted by law, shall be taxed for the purpose of providing necessary facilities to serve CFD No, 2001-1. Pursuant to Section 53325.3 of the Act, the tax imposed "is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property," The Special Tax "may be based on benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel or other reasonable basis as determined by the legislative body," although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. As shown in Exhibit C-1 and C-2, for Improvement Area A and Improvement Area B respectively, the amended Rate and Method of Apportionment provides information sufficient to Community Facilities Distn"ct No. 2001-1 San Miguel Ranch Page 7 Navember 2001 Amended December 2004 15-30 allow each property owner within CFD No, 2001-1 to estimate the maximum annual Special Tax he or she will be required to pay. Sections A through C, below, provide additional information on the Rate and Method of Apportionment of the Special Tax for CFD No, 2001-1. A. Explanation for Special Tax Apportionment When a community facilities district is formed, a Special Tax may be levied on each parcel of taxable property within the CFD to pay for the construction, acquisition and rehabilitation of public facilities, to pay for authorized services or to repay bonded indebtedness or other related expenses incurred by CFD No, 2001-1. This Special Tax must be apportioned in a reasonable manner; however, the tax may not be apportioned on an ad valorem basis, When more than one type of land use is present within a community facilities district, several criteria may be considered when apportioning the Special Tax. Generally, criteria based on building square footage, acreage, and land uses are selected, and categories based on such criteria are established to differentiate between parcels of property. These categories are a direct result of the developer's projected product mix, and are reflective of the proposed land use types within that co=unity facilities district, Specific Special Tax levels are assigned to each land use class, with all parcels within a land use class assigned the same Special Tax rate, The Act does not require the Special Taxes to be apportioned to individual parcels based on benefit received, However, in order to insure fairness and equity, benefit principles have been incorporated in establishing the Special Tax rates for CFD No, 2001-1. The major assumption inherent in the Special Taxes rates set forth in the Rate and Method of Apportionment is that the level of benefit received ITom the proposed public improvements is a function of land use, This assumption is borne out through an examination of commonly accepted statistical measures. For example, in measuring average weekday vehicle trip-ends, the Institute of Transportation Engineer's 1995 Trip Generation report identifies land use as the primary determinant of trip-end magnitude, Commercial land uses typically generate more trip- ends than do single family residentia11and use, Similarly, larger single family detached dwellings typically generate a greater number of trip-ends than do smaller single family detached homes, and therefore, will tend to receive more benefit from road grading, road landscaping and road improvements, Drainage and flood control requirements generally vary with the amount of impervious ground cover per parceL It follows that larger homes which have more impervious ground cover will create relatively more drainage flow than smaller homes, Community Facilities Di1Jtrict No. 2001-1 San Miguel Ranch Page 8 Navemher 2001 Amended December 2004 15-31 Special taxes for CFD No, 2001-1 Improvement Areas A and B (San Miguel Ranch) shall be levied to Taxable Property to satisfy the Special Tax Requirement as outlined in the CFD No, 2001-1 Improvement Area A and B RMA's, The Land Use Class Categories of Taxation have been established for CFD No, 2001-I. The categories are defmed as follows: ~ Residential Developed Parcels (single and multi-family residences) are taxed on the square footage of the structure; and ~ Co=ercial Parcels are taxed based on the acreage of the parcel; and ~ Undeveloped Parcels are taxed based on acreage of the parcel. Based on the types of public facilities that are proposed for CFD No, 2001-1 and the factors described above, the Special Taxes assigned to specific land uses are generally proportionate to the relative benefits received by them, and, accordingly, the Special Taxes in CFD No, 2001-1 can be considered fair and reasonable, B. Maximum Annual Snecia1 Tax Rates Exhibit D lists the Maximum Annual Special Tax rates that may be levied against Developed Property, and Undeveloped Property within CFD No. 2001-1. Exhibit C also lists the Backup Special Tax (described later), The City Council will annually determine the actual amount of the Special Tax levy based on the method described in RMA and subject to the maximum Special Tax rates contained in Exhibit D, The City will levy a Special Tax to the extent necessary, sufficient to meet the Special Tax Requirement, C. Backun Snecial Tax When a Final Map is recorded within each Improvement Area, the Backup Special Tax for Assessors Parcels of Developed Property classified as Residential Property or Co=ercial Property will be determined pursuant to Section c,l,b of Exhibit C-l for Improvement Area A and Section c.1.b of Exhibit C-2 for Improvement Area B. D. Accuracv ofInformation In order to establish the Maximum Annual Special Tax rates and the Backup Special Tax as set forth in the Rate and Method of Apportionment for CFD No, 2001-1, McGill Martin Self, Inc, has relied on information including, but not limited to absorption, land- use types, building square footage, and net taxable acreage which were provided to McGill Martin Self, Inc, by others. McGill Martin Self, Inc, has not independently verified such data and disclaims responsibility for the impact of inaccurate data provided Community Fadlities District No. 2001-1 San MigueZ Ranch Page 9 Navember 2001 Amended December 2004 15-32 by others, if any, on the Rate and Method of Apportionment for CFD No, 2001-1, including the inability to meet the financial obligations ofCFD No, 2001-1. VI. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT The boundaries of CFD No, 2001-1 include all land on which the Special Taxes may be levied, The Recorded Amended Boundary Map and Annexation Map of the area included within CFD No, 2001-1 is provided as Exhibits A and B respectively, VIT. GENERAL TERMS AND CONDITIONS A. Substitution Facilities The description of the public facilities, as set forth herein, are general in their nature, The fmal nature and location of improvements and facilities will be determined upon the preparation of fmal plans and specifications, The final plans may show substitutes, in lieu or modifications to the proposed work in order to accomplish the work of improvement, and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service and are of a type substantially similar to that as set forth in this Report. B. ADDea1s Any landowner who feels that the amount of the Special Tax is in error may fùe a notice with the City Administrator, appealing the levy of the Special Tax pursuant to the procedure specified in Exhibit C-l and C-2, As appropriate the City Administrator will then review the appeal and, if necessary, meet with thè applicant, If the findings of the representative verify that the amount of the Special Tax should be modified or changed, then, as appropriate, the Special Tax levy shall be corrected, Community Facilities District No. 2001-1 San Miguel Ranch Page 10 Navember 2001 Amended December 2004 15-33 EXHIBIT A CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO, 2001-1 (San Miguel Ranch) RECORDED AMENDED BOUNDARY MAP Community Facžlities District No. 2001-1 San Miguel Ranch Page 11 November 2001 Amended December 2004 15-34 T""" I T""" o o C\I . o z ..... ü - !La::: o (/).....--- WOO:!: _ Ü a::-Z ~o~ ZOO-I ::>WW o ::> co-CD 0.....:2: ~::::ïz Z-< Wü~ ~<C LL >- ..... - Z :J ~ ~ o ü 0: o "->- ",2 o:~ ~f!2 20 =>",- Z",' -,F- "':J8 ~Û~ ~~Ô !,,~Z 0:- OZ ",=> ",2 ",2 "'0 "''' '" o eJ w c z « rn u.« 02 çD:: z~ ::¡- 0..1 ü13 "U. ~o rnw 5f- :5~ ::¡rn I Ü u. o ç Ü ri '" rer--~ ~·~~~~mm~~~.~~~o~~ ~2ã~·~N~O.N~.~Nr--~~ mri=~222222222222222 íNN~==££=;££==£=£££ O::l....N õ~è....õõ55õõõõõõõõõõ5 ,;,_"IIt'.òol I I I I I I I I J I I I I N~. ~NO~NO_O_C_O_O ~-~I~~~~~~~~~~~~~~~ C'iw·g~ I I I I I I I r I J, I I I o~o~~~~~~~~~~~m~~~ ~.I~~~~~~~~~~~~~~~ ",,,,'" o '" I "' "' '" "' . <D . < LU a:: < >- Z LU ::;E I;!; o a:: "- ~ ~ ~I<i ~ ~¡¡ . ~ ~I ~> t . ~D ~ ~ ~~~ ~~ .' êi ¡:¡ ~ 5:;: "'...~ 0.....5 .11"')..... 7~í IOg~ ~6'r -"' 0," I"' "' '" "' D .~ ~~ .\11 i5ù'i ~~~f~. ~I~·~~ . §~.. 12~~is:l ~~æD õ<'¡ <~D~ ~3~ 2 e. -~ 1!! f~~~a. ~ ~.~8~ 1···- ~~¡:~~ ~_,,'U 1!!~8ÿ~(¡ B ~2~~~~~ I!¡ i ¡¡,¡, In!" 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Ii LLU ~Mi!i ~ a::- .. Wg: U'· en v¡ ~I¡!~r~ "'r a :::¡;- _ S!;5i! ::>'" ... rz;tt:I .as!! Z(/)..... ..... ~ . ~~.~ ~ Do ~~OO &; W I I ~!I!m ¡rJ'~ Cj;;~ L. ¡:¡:jl=a 0 ~ ~ ... . m; E~~~ ü:Ja I""') :z~ ?i;~:~ '" œ: -N 0 T""" <ü I ~r'~' -1 Go, ;:¡;<Q ~ a.. « . l!') ¡¡;.O\ ;~;\!~ I l.L..O O'J ¡; ~~I~ < ~e ~ T""" Z >-Z ¡() ;:a:!' OJ- ~ I ~I~ :d¥ 0 ¡::z I <::> ~~ h I 0 X:::¡; øg 0 L., W:::¡; II. ¡~~ U ! C\I Zo ;:a~ '11::1 Zü ~~II!!; <:; < . 0 ~¡I ¡~: z I- 0 U G - !!d . ~~ 0 en . Z < ....1- Î C7j W '" dCf)ü u.< < Oz J- Z-z Z ~c:: W Cl.O~ :::¡; Z~ ~ < <Cf)..J :::¡- 0 w O...J '" '" ~ W 0- < zW=> üð ;;! < J- -u. W Z 0-" ~O '" w < :::¡; I-I-~ ClJw J- ~ - ~::::¡z >~ z 0 w '" ~ 0- w-< :)1- ~ ;;! zU~ :::¡CIJ 0 J: '" 0- ~« ü ;;! u. LL 0 ~ >- ü I!d! I- U¡læ - ~¡i8' , Z 'III" ¡,I,i. :J ' Ii ~ " !I I ~ ~ ~I !~~~ ~ .." 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EXHIBIT C-l CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 2001-1 (San Miguel Ranch) RATE AND METHOD OF APPORTIONMENT IMPROVEMENT AREA A Community Facilities District No. 2001-1 San Miguel Ranch Page 13 November 2001 Amended December 2004 15-38 RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 2001-1, IMPROVEMENT AREA A (San Miguel Ranch) A Special Tax as hereinafter defmed shall be levied on all Assessor's Parcels of Taxable Property within the City of Chula Vista Co=unity Facilities District No, 2001-1 ("CFD No, 2001-1, Improvement Area A") and collected each Fiscal Year co=encing in Fiscal Year 2002-03, in an amount determined by the City Council through the application of the appropriate Special Tax for "Developed Property," and "Undeveloped Property," as described below. All of the real property in CFD No, 2001-1, Improvement Area A, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided, A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, record of survey, or other recorded document creating or describing the parceL If the preceding maps are not available, the Acreage shall be determined by the City Engineer, "Act" means the Mello-Roos Co=unity Facilities Act of 1982, as amended, being Chapter 2,5, Division 2 of Title 5 of the Gove=ent Code of the State of California, "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration ofCFD No, 2001-1, Improvement Area A including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special J:ax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2001-1, Improvement Area A or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No, 2001-1, Improvement Area A or any designee thereof of complying with City, CFD No, 2001-1, Improvement Area A or obligated persons disclosure requirements associated with applicable federal ahd state securities laws and. of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No, 2001-1, Improvement Area A or any designee thereQf related to an appeal of the Special Tax; and the costs associated with the release of funds ITom an escrow account, if any, Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No, 2001-1, Improvement Area A for any other administrative purposes !Jf CFD No, 2001-1, Improvement Area A, 15-39 ,,-, including attorney's fees and other costs related to commencmg and pursumg to completion any foreclosure of delinquent Special Taxes, "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor Df the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section C.l, a, "Available Funds" means the balance in the reserve fund established pursuant to the terms of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent special tax payments, the Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such Indenture, "Backup Special Tax" means the Special Tax amount set forth in Section C.1,b, below. "Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series, issued by CFD No, 2001-1, Improvement Area A under the Act. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes, "CFD No. 2001-1, Improvement Area A" means City of Chula Vista, Co=unity Facilities District No, 2001-1, Improvement Area A (San Miguel Ranch), "City" means the City of Chula Vista, "Commercial Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more non-residential structures, excluding Co=unity Purpose Facility Property, "Community Purpose Facility Property" means all Assessor's Parcels which are classified as co=unity purpose facilities and meet the requirements of City of Chula Vista Ordinance No, 2452, . "Council" means the City Council of the City, acting as the legislative body of CFD No, 2001-1, Improvement Area A. "County" means the County of San Diego, 15-40 L" "Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to March 1 of the prior Fiscal Year. "Final Map" means a subdivision of property created by recordation of a fmal map, parcel map, or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq) or recordation of a condominium plan pursuant to California Civil Code 13 52 that creates individual lots for which residential building permits may be issued without further subdivision of such property, "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented ITom time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Tables 1 and 2 of Section C. "Lot(s)" means an individual legal lot created by a Final Map for which a building permit for residential construction has been or could be issued. "Master Developer" means the owner of the predominant amount of Undeveloped Property in CFD No, 2001-1, Improvement Area A "Maximum Annual Special Tax" means the maximum annual Special Tax, determined in accordance with the provisions of Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property, "Occupied Residential Property" means all Assessor's Parcels of Residential Property which have closed escrow to an end user, "Outstanding Bonds" means all Bonds which remain outstanding. "Property Owner Association Property" means any property within the boundaries of CFD No, 2001-1, Improvement Area A owned by or dedicated to a property owner association, including any master or sub-association, "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels of Developed Property within CFD No, 2001-1, Improvement Area A For Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of . Undeveloped Property within CFD No, 2001-1, Improvement Area A "Public Property" means any property within the boundaries of CFD No, 2001-1, Improvement Area A that is used for rights-of-way or any other purpose and is owned by 15-41 L~ or dedicated to the federal government, the State of California, the County, the City or any other public agency, "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units, "Residential Floor Area" means all of the square footage of living area withio the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by reference to appropriate records kept by the City's Building Department, Residential Floor Area will be based on the building permit(s) issued for each dwelling unit prior to it being classified as Occupied Residential Property, and shall not change as a result of additions or modifications made after such classification as Occupied Residential Property. "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No, 2001-1, Improvement Area A to: (i) pay annual debt service on all Outstanding Bonds as defined in Section A; (ü) pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; (v) and pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD No, 2001-1, Improvement Area A; (vi) less a credit for Available Funds, "State" means the State of California, "Taxable Property" means all of the Assessor's Parcels within the boundaries ofCFD No, 2001-1, Improvement Area A which are not exempt ITom the Special Tax pursuant to law or Section E below, "Trustee" means the trustee, fiscal agent, or paying agent under 'the Indenture, "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, 15-42 ^.A B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No, 2001-1, Improvement Area A shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below, Furthermore, Developed Property shall be classified as Residential Property or Commercial Property , C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or Co=ercial Property that is classified as Developed Property shall be the greater of (1) the Assigned Special Tax described in Table 1 below or (2) the amount derived by application of the Backup Special Tax, a. Assilmed Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table L TABLE 1 Assigned Special Tax for Developed Property Land Use Class Descri tion Residential Property Assi ned S ecial Tax $475,00 per unit plus $0)4 per square foot of Residential Floor Area $5,091 per Acre ofCo=ercial Pro e 1 2 Co=ercial Property b. Backup Special Tax When a Final Map is recorded within Improvement Area A, the Backup Special Tax for Assessor's Parcels of Developed Property classified as Residential Property or Co=ercial Property shall be determined as follows: F or each Assessor's Parcel of Developed Property classified as Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property within the Final Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: 15-43 A_, $10,376 x A B= ------------------------ L The terms above have the following meanings: B = Backup Special Tax per Lot in each Fiscal Year, A = Acreage classified or to be classified as Residential Property in such Final Map, L = Lots in the Final Map which are classified or to be classified as Residential Property, F or each Assessor's Parcel of Developed Property classified as Co=ercial Property or for each Assessor's Parcel of Undeveloped Property to be classified as Co=ercial Property within the Final Map area, the Backup Special Tax shall be determined by multiplying $10,376 by the total Acreage of the Co=ercial Property and Undeveloped Property to be classified as Co=ercia1 Property within the Final Map area, Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Co=ercial Property or Undeveloped Property for which the Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Map, then the Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the amount of Backup Special Tax that would have been generated if such change did not take place, 2. Undeveloped Property The Maximum Annual Special Tax for each Assessor's Parcel classified as Undeveloped Property shall be the amount shown in Table 2 below: TABLE 2 Maximum Annual S ecial Tax for Undeve10 Land Use Class 3 Maximum Annual S ecial Tax $10,376 er Acre 15-44 L~ D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Co=encing with Fiscal Year 2002-03 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, excluding any Assessor's Parcels classified as Undeveloped Property pursuant to Section E, at up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel whose Maximum Annual Special Tax is derived by the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's Parcel. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel classified as Undeveloped Property pursuant to Section E at up to 100% of the Maximum Annual Special Tax for Undeveloped Property, Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Occupied Residential Property be increased by more than ten percent per year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel ofCFD No. 2001-1, Improvement Area A. E. EXEMPTIONS The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as Public Property, (ü) Assessor's Parcels defmed as Property Owner Association Property, (iii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iv) Assessor's Parcels defmed as Co=unity Purpose Facility Property or (v) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, provided that no sûch classification would reduce the sum of all 15-45 ^ '7 Taxable Property to less than 121.93 Acres, Notwithstanding the above, the CFD Administrator shall not classify an Assessor's Parcel as exempt property if such classification would reduce the sum of all Taxable Property to less than 121.93 Acres, Assessor's Parcels which cannot be classified as exempt property because such classification would reduce the Acreage of all Taxable Property to less than 121.93 Acres will be classified as Undeveloped Property and shall be taxed as a part of the fourth step in Section D, Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes exempt property, The Maximum Annual Special Tax obligation for any Public Property which cannot be classified as exempt property as described in the fIrst paragraph of Section E shall be prepaid in full by the seller pursuant to Section H.1, prior to the transfer/dedication of such property, Until the Maximum Annual Special Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Undeveloped Property pursuant to the fourth step in Section D, F. REVIEW/APPEAL COMMITTEE The Council shall establish as part of the proceedings and administration ofCFD No. 2001- 1, Improvement Area A a special three-member Review/Appeal Committee, Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may file a written notice with the Review/Appeal Committee appealing the amount of the Special Tax levied on such Assessor's Parcel. The Review/Appeal Committee may establish such procedures as it deems necessary to undertake the review of any such appeal, The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified, The decision of the Review/Appeal Committee shall be final and binding as to all persons, G. MANNER OF COLLECTION The annual Special Tax shall be collected in the same manner aod at the same time as ordinary ad valorem property taxes; provided, however, that CFD No, 2001-1, Improvement Area A may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels which are delinquent in the payment of Special Taxes, Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council, 15-46 ^ 0 H. PREPAYMENT OF SPECIAL TAX The following defInition applies to this Section H: "Outstanding Bonds" means all previously issued Bonds which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes, 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfIed by an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Public Property, The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this figure, The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus less less Total: equals Redemption Premium Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: L For Assessor's Parcels of Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it wàs already designated as Developed Property, 15-47 . n based upon the building permit which has already been issued for that Assessor's Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property, 2, Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the sum of the total expected Maximum Annual Special Tax revenues excluding any Assessor's Parcels which have been prepaid, 3, Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount'). 4, Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption preIì:lium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"), 5, Compute the amount needed to pay interest on the Bond Redemption Amount ITom the fIrst bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 6, ConfIrm that no Special Tax delinquencies apply to such Assessor's Parcel. 7, Determine the Special Taxes levied on the Assessor's Parcel in the current' Fiscal Year which have not yet been paid. 8, Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment 9, Add the amounts computed pursuant to paragraphs 5 and 7 and subtract the amount computed pursuant to paragraph 8 (the "Defeasance Amount'). 10, Verify the administrative fees and expenses of CFD No, 2001-1, Improvement Area A, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"), II. The reserve fund credit (the "Reserve Fund Credit') shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defmed in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the 15-48 , '^ prepayment ITom the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 12. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the fIrst interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such fIrst interest and/or principal payment (the "Capitalized Interest Credif'). 13, The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3,4,9, and 10, less the amounts computed pursuant to paragraphs 11 and 12 (the "Prepayment Amounf'). 14. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 9, 11, and 12 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 10 shall be retained by CFD No, 2001- 1, Improvement Area A. The Prepayment Amount may be insufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel ITom the County tax rolls, With respect to any Assessor's Parcel that is prepaid, the Board shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parce~ and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be 1èvied on Taxable Property within CFD No. 2001-1, Improvement Area A both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds, Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council, : 15-49 2. Prepayment in Part The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid, The amount of the prepayment shall be calculated as in Section H.l; except that a partial prepayment shall be calculated according to the following formula: PP=(PExF)+A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section HI, minus Administrative Expenses and Fees pursuant to Step 10, F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Annual Special Tax, A= the Administrative Expenses and Fees pursuant to Step 10, The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable, The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Paragraph 14 of Section H 1, and (ii) indicate in the records ofCFD No, 2001-1, Improvement Area A that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remainiog Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. I. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied co=encing in Fiscal Year 2002-03 to the extent necessary to fully satisfy the Special Tax Requirement for a period no longer than 2037-38. 15-50 , '0 EXHmIT C-2 CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO, 2001-1 (San Miguel Ranch) AMENDED RATE AND METHOD OF APPORTIONMENT IMPROVEMENT AREA B Community Facilities District No. 2001-1 San Miguel Ranch PageI4 November 2001 Amended December 2004 15-51 AMENDED RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 2001-1, IMPROVEMENT AREA B (San Miguel Ranch) A Special Tax as hereinafter defmed shall be levied on all Assessor's Parcels of Taxable Property within the City of Chula Vista Community Facilities District No. 2001-1 ("CFD No, 2001-1 Improvement Area B") and collected each Fiscal Year commencing in Fiscal Year 2005-06, in an amount determined by the City Council through the application of the appropriate Special Tax for "Developed Property," and "Undeveloped Property as described below, All of the real property in Improvement Area B, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided, A. DEFINITIONS The terms hereinafter set forth have the following meanings: " 'A' Map" shall mean a master fmal subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chu1a Vista Municipal Code, which subdivides the land or a portion thereof shown on a tentative map into "super block" lots corresponding to units or phasing of a combination of units as shown on such tentative map and which may further show open space lot dedications, backbone street dedications and utility easements required to serve such "super block" lots, "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps are not available, the Acreage shall be determined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2,5, Division 2 of Title 5 of the Government Code of the State of Cali fomi a, "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration ofImprovement Area B of CFD No, 2001-1 including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required Of it under the Indenture; the costs to the City, CFD No. 2001-1, or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2001-1, or any designee thereof of complying with disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs ass?ciated with preparing Special Tax disclosure City ofChuJa Vista Community Facilities District No, 2001-1, Improvement Area B San Mill1œJRanch . 15~52 Revised November 2004 Palle 1 statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No, 2001-1, or any designee thereof related to an appeal of the Special Tax; and the costs associated with the release of funds ITom an escrow account, if any, Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No, 2001-1, Improvement Area B for any other administrative purposes of CFD No, 2001-1, including attorney's fees and other costs related to co=encing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section C.1,a, "Available Funds" means the balance in the reserve fund established pursuant to the terms of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent Special Tax payments, the Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such Indenture, "Backup Special Tax" means the Special Tax amount set forth in Section C. Lb. "Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series, issued by CFD No, 2001-1 for Improvement Area B under the Act, "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes, "CFD No. 2001-1" means City ofChu1a Vista, Community Facilities District No. 2001-1 (San Miguel Ranch). "City" means the City of Chu1a Vista, "Commercial Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more non-residential structures, excluding Community Purpose Facility Property, "Community Purpose Facility Property" means all Assessor's Parcels which are (a) classified as co=unity purpose facilities and meet the requirements of City of Chu1a Vista Ordinance No, 2002-2883 as amended on November 5, 2002 or (b) designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map as a co=unity purpose facility, City ofChula Vista Community Facilities District No, 2001-1. Improvement Area B San Miguel Ranch Rl?Vised November 2004 15 52 Pa"e 2 "Council" means the City Council of the City, acting as the legislative body of CFD No. 2001-1. "County" means the County of San Diego. "Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to March 1 of the prior Fiscal Year, "Exempt Property" means all Assessor's Parcels that are exempt ITom the levy of the Special Tax pursuant to the provisions of Section E, "Final Map" means a subdivision of property created by recordation of a fInal map, parcel map, or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Year" means the period starting July 1 and ending on the following June 30, "Improvement Area B" means Improvement Area B ofCFD No, 2001-1. "Indenture" means the indenture, fIscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same, "Land Use Class" means any of the classes listed in Table 1 of Section C. "Lot(s)" means an individual legal lot created by a Final Map for which a building permit for residential construction has been or could be issued, "Master Developer" means the owner of the predominant amount of Undeveloped Property in Improvement Area B. "Maximum Annual Special Tax" means the maximum annual Special Tax, determined in accordance with the provisions of Section C , that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Outstanding Bonds" means all Bonds which remain outstanding, "Property Owner Association Property" means any property within the boundaries of CFD No. 2001-1 which is (a) owned by a property owner association or (b) is designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map as property owner association property, As used in this definition, a property owner association property includes any master or sub-association, : Revised November 2004 City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ranch 15 54 Page 3 "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels of Developed Property within Improvement Area B. For Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property within Improvement Area B. "Public Property" means any property within the boundaries of CFD No, 2001-1 that which (a) is owned by a public agency, (b) has been irrevocably offered for dedication, prior to June 1st of the preceding Fiscal Year, to a public agency or (c) is designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map as property which will be owned by a public agency, For purposes of this definition, a public agency includes the federal government, the State of California, the County, the City or any other public agency, "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units, "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area, The determination of Residential Floor Area shall be made by reference to appropriate records kept by the City's Building Department. Residential Floor Area will be based on the building permit( s) issued for each dwelling unit prior to it being classified as Residential Property, and shall not change as a result of additions or modifications made after such classification as Residential Property, "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No, 2001-1, Improvement Area B to: (i) pay annual debt service on all Outstanding Bonds; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; (v) and pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD No, 2001-1 for Improvement Area B; (vi) less a credit for Available Funds, "State" means the State of California, "Taxable Property" means all of the Assessor's Parcels within the boundaries of Improvement Area B which are not exempt ITom the Special Tax pursuant to law or Section E below, "Trustee" means the trustee, fiscal agent, o~ paying agent under the Indenture. City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ranch 1 6 66 Revised November 2004 Page 4 "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property: "Zone I" means a specific geographic area as depicted in Exhibit A attached hereto, "Zone 2" means a specific geographic area as depicted in Exhibit A attached hereto, B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within Improvement Area B shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below, Furthermore, Developed Property shall be classified as Residential Property or Commercial Property. C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or Commercial Property that is classified as Developed Property shall be the greater of (1) the Assigned Special Tax described in Table 1 below or (2) the amount derived by application of the Backup Special Tax. a. Assie:ned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table 1. TABLE 1 Assigned Special Tax for Developed Property within Zone 1 and Zone 2 Land Use Class 1 Descri tion Residential Property Assi ned S ecia1 Tax $475,00 per unit plus $0.82 per square foot of Residential Floor Area $4,000 per Acre ofCo=ercial Pro ert 2 Co=ercial Property City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ranch 1 5 5 6 Revised November 2004 Page 5 b. Backuo Soecial Tax When a Final Map is recorded within Zone 1 or Zone 2, the Backup Special Tax for Assessor's Parcels of Developed Property classified as Residential Property or Co=ercial Property shall be determined as follows: For each Assessor's Parcel of Developed Property classified as Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property within the Final Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone 1 $10,444xA B= ------------------------ L Zone 2 $4,444xA B= ------------------------ L The terms above have the following meanings: B = Backup Special Tax per Lot in each Fiscal Year, A = Acreage classified or to be classified as Residential Property in such Final Map, L = Lots in the Final Map which are classified or to be classified as Residential Property, For each Assessor's Parcel of Developed Property classified as Commercial Property or for each Assessor's Parcel of Undeveloped Property to be classified as Commercial Property within the Final Map area, the Backup Special Tax shall be determined by multiplying $10,444 for Zone 1 and $4,444 for Zone 2 by the total Acreage of the Commercial Property and Undeveloped Property to be classified as Commercial Property within the Final Map area. Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Co=ercial Property or Undeveloped Property for which the total Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Map, then the total Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the amount of total Backup Special Tax that would have been generated if such change did not take place, . City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ranch Revised November 2004 15 57 Page 6 2. Undeveloped Property The Maximum Annual Special Tax for each Assessor's Parcel classified as Undeveloped Property shall be $10,444 per Acre for Zone 1 and $4,444 per Acre for Zone 2, D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Co=encing with Fiscal Year 2005-06 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement, Second: If additional monies are needed to satisfy the Special Tax Requirement after the fIrst step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, excluding any Assessor's Parcels classifIed as Undeveloped Property pursuant to Section E, at up to 100% of the Maximum Annual Special Tax for Undeveloped Property, Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel whose Maximum Annual Special Tax is derived by the application of the Backup Special Tax and shall be increased Proportionately ITom the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's Parcel. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel classified as Undeveloped Property pursuant to Section E at up to 100% of the Maximum Annual Special Tax for Undeveloped Property, Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased by more than ten percent per year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel in Improvement Area B. , City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ranch Revised November 2004 15 58 Page 7 E. EXEMPTIONS I, The CFD Administrator shall classify as Exempt Property (i) Assessor's Parcels defined as Public Property, (ii) Assessor's Parcels defined as Property Owner Association Property, (iii) Assessor's Parcels defIned as Community Purpose Facility Property or (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, provided that no such classification would reduce the sum of all Taxable Property to less than 100,94 Acres in Zone 1 and 9,63 Acres in Zone 2, Assessor's Parcels which cannot be classifIed as Exempt Property because such classifIcation would reduce the Acreage of all Taxable Property to less than 100,94 Acres in Zone 1 and 9,63 Acres in Zone 2 will be classified as Undeveloped Property and shall be taxed as such, Tax-exempt status for purposes of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes Exempt Property, 2, The Maximum Annual Special Tax obligation for any Public Property which cannot be classifIed as Exempt Property as described in the fIrst paragraph of Section E shall be prepaid in full by the seller pursuant to Section H.1, prior to the transfer/dedication of such property, Until the Maximum Annual Special Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Undeveloped Property. 3, If the use .of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in paragraph 1 that would make such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property, F. REVIEW/APPEAL COMMITTEE The Council shall establish as part of the proceedings and administration ofCFD No, 2001- 1, Improvement Area B a special three-member Review/Appeal Committee. Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may file a written notice with the Review/Appeal Committee appealing the amount of the Special Tax levied on such Assessor's Parcel. The Review/Appeal Committee may establish such procedures as it deems necessary to undertake the review of any such appeal, The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specifIed. The decision of the Review/Appeal Committee shall be final and binding as to all persons, City ofChula Vista Community Facilities District No, 200i-i, improvement Area B San Miguel Ranch Revised November 2004 15 59 Palie 8 G. MANNER OF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No, 2001-1, Improvement Area B may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its fInancial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels which are delinquent in the payment of Special Taxes, Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act, However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council, H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFD Public Facilities" means those public facilities authorized to be financed by Improvement Area B, "CFD Public Facilities Costs" means either $9,75 million, or such lower number as shall be determined either by (a) the CFD Administrator as sufficient to fmance the CFD Public Facilities, or (b) the Council concurrently with a covenant that it will not issue any more Bonds to be secured by Special Taxes levied under this Rate and Method of Apportionment, "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct the CFD Public Facilities. "Future Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion of the CFD Public Facilities Costs previously funded (i) ITom the proceeds of all previously issued Bonds, (ii) ITom interest earnings on the Construction Fund actually earned prior to the date of prepayment and (iii) directly ITom Special Tax revenues and (b) the amount of the proceeds of all previously issued Bonds then on deposit in the Construction Fund, "Outstanding Bonds" means all previously issued Bonds which will remain outstanding after the fIrst interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. : City ofChula Vista Community Facilities District No. 2001-1, ImprovementArea B San Miguel Ranch 1 5 6 Q Revised Navember 2004 Page 9 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied by an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Public Property, The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay, Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of-such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this figure, The Prepayment Amount (defined below) shall be calculated as su=arized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus plus less less Total: equals Redemption Premium Future Facilities Amount Defeasance Amount Prepayment Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: L For Assessor's Parcels of Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid, For Assessor's Parcels of Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property, 2, Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within Improvement Area B excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid, City ofChula Vista Community Facilities District No, 2001-1. Improvement Area B San Miguel Ranch 1 6 6 1 Revised November 2004 Page 10 3, Multiply the quotient computed pursuant to paragraph 2 by the principal amount of Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). 4, Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"), 5. If all the Bonds authorized to be issued for Improvement Area B have not been issued, compute the Future Facilities Costs, 6. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount"). 7. Compute the amount needed to pay interest on the Bond Redemption Amount ITom the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds, 8, Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 9, Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid, 10, Determine the fees and expenses ofImprovement Area B, including but not limited to, the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds ITom the proceeds of such prepayment, and the cost of recording any notices to evidence the prepayment and the redemption (the "Prepayment Fees and Expenses"). 11. Compute the amount the CFD Administrator reasonably expects to derive ITom the reinvestment of the Prepayment Amount less the Prepayment Fees and Expenses as determined pursuant to paragraph 10, ITom the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment 12. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount computed pursuant to paragraph 11 (the "Defeasance Amount"), 13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defmed in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment ITom the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero, , City ofChula Vista Community Facilities District No. 2001-1, Improvement Area B San MiKUel Ranch 1!j 62 Revised Navemher 2004 Pa?,e 11 14, If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the fIrst interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such fIrst interest and/or principal payment (the "Capitalized Interest Credit"), 15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 10 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Prepayment Amount"). 16, From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 12, 13, and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments, The amount computed pursuant to paragraph 10 shall'be retained by CFD No, 2001- 1, Improvement Area B. The amount computed pursuant to paragraph 6 shall be deposited in the Construction Fund, The Prepayment Amount may be insufficient to redeem other than a $5,000 increment of Bonds, In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments, As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel ITom the County tax rolls, With respect to any Assessor's Parcel that is prepaid, the CFD Administrator shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within CFD No, 2001-1, Improvement Area B both prior to and after the proposed prepayment is at least 1,1 times the maximum annual debt service on all Outstanding Bonds, Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Act, However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifIcally approved by the Council. 2. Prepayment in Part The Maximum Annual Special Tax obligation on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid, The <IfIlount of the prepayment shall be calculated as City ofChula VIsta Community Facilities District No. 2001-1, Improvement Area B San Miguel Ranch 1 6 63 Revised November 2004 Page 12 in Section H.l; except that a partial prepayment shall be calculated according to the following formula: PP = (PE X F) + A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.l, minus Prepayment Fees and Expenses pursuant to Step 10, F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Aonual Special Tax, A= the Prepayment Fees and Expenses pursuant to Step 10. The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Aonual Special Tax, (ii) the percentage by which the Maximum Aonua1 Special Tax shall be prepaid, and (üi) the company or agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service, With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Paragraph 16 of Section H.I, and (ü) indicate in the records ofCFD No, 2001-1, Improvement Area B that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Aonual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D, I. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Aonual Special Tax shall be levied commencing in Fiscal Year 2005-06 to the extent necessary to fully satisfy the Special Tax Requirement for a period no longer than 2041-42. . City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ranch . 1 § 64 Revised Navember 2004 Page 13 ",' '" _0:: ai ~~ N~~ ~~~"''''_~~~ f/I~ CC~"""OIt1LO~~g~""NI"1"'IOC'I 2' ffi~ N2§1t1.... 2~222222~~ Œ)~ .J: 22222 ....r:..c.cJ::5:5__ ~c œl"1-I"1J:J:J::5:5:5:5____ __ =:Ien.... ....NN~___ ..........-5500 ~~~~~2d~OO~~~~~~??¿~¿,~g l.L.I:;:¡o o:5....~ô I I NÓ....N0ã5~;;;....¡;jNIX)<C (,)üN ~ "....~ìñ J'),....,....,...cor--",....aJ I co I I ~~g ~~:~¡¡¡¡~~~~~~~~~~~ f/I~ ol"1o~~mmIt1LOLOLOLO "0:::- I ~ I IOIt1IO LO o~ ........1l'J ~2 af'l')~ w:> 1 ",0 '" "''' 0> .. '" ~ I ~ o o C\I o z ~ ü - u..a:: O~...... 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I , ~ ~ , : i ~~ I I <,¡ I I , , S , , l . _."-'~' EXHIBIT D CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO, 2001-1 IMPROVEMENT AREAS A AND B (San Miguel Ranch) MAXIMUM SPECIAL TAX RATES FOR DEVELOPED PROPERTY AND UNDEVELOPED PROPERTY Maximum Annual Special Tax for Developed Property in Land Use Class 1 Community Facilities District No, 2001-1 Residential Develoned Parcels Maximum Annual Special Tax Land Use Class 1 - Improvement Area A $475,00 per unit plus $,34 per square foot of Residential Floor Area Land Use Class 1 - Improvement Area B $450.00 per unit plus $,77 per square foot of Residential Floor Area Maximum Annual Special Tax for Developed Property in Land Use Class 2 Community Facilities District No, 2001-1 Commercial Develoned Parcels Maximum Annual Special Tax Land Use Class 2 - Improvement Area A $5,091 per acre of Commercial Property Land Use Class 2 - Improvement Area B $4,000 per acre of Commercial Property Maximum Annual Special Tax for Undeveloped Property in Land Use Class 3 Community Facilities District No, 2001-1 Undevelo Improvement Area A Improvement Area B Zone 1 Zone 2 Maximum Annual S ecial Tax $10,376 per acre of Undeveloped Property 10,044 per acre of Undeveloped Property 4,444 er acre ofUndevelo ed Pro Community Facilities District No. 2001-1 San Miguel Ranch Page 15 November 2001 Amended December 2004 15-66 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFŒD ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) AND IMPROVEMENT AREA B THERETO WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA. CALlFORNlA (the "City Council"), has previously declared its intention and held and conducted proceedings relating to the annexation of territory (the "Anoexation Area") to an existing cornmunity facilities district and an improvement area thereto pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof (the "Act") and the City ofChula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City ofChu1a Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). The existing Community Facilities District has been designated as COMMUNITY F ACILITŒS DISTRICT NO, 2001-1 (SAN MIGUEL RANCH) (the "District") and the improvement area has been designated as IMPROVEMENT AREA B; and, WHEREAS, notice of a public hearing relating to the annexation of such territory to the District and Improvement Area B thereto, the extent of such territory, the financing of certain public improvements and all other related matters has been given; and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Anoexation Area or the District and/or property owners representing more than one-half (1/2) or more of the area of land within the Anoexed Area or within the District; and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Anoexation Area for each of the 90 preceding days, this legislative body desires to submit the levy ofthe required special tax to the landowners ofthe Anoexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. RECITALS The above recitals are all true and correct SECTION 2. DETERMINATIONS It is determined by this City Council that: A. all proceedings to consider the annexation of the Anoexation Area to the District and Improvement Area B thereto prior hereto were valid and taken in conformity with the requirements of law, and ; 1 15-67 specifically the provisions of the Community Facilities District Law, and this finding is made pursuant to the provisions and authorization of Section 53325.1 of the Government Code of the State of California; B. the annexation of the Annexation Area to the District and Improvement Area B thereto as proposed conforms with the City ofChu1a Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts; C. less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; D. the time limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent ofthe qualified electors of the Annexation Area; E. the City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution annexing the Annexation Area to the District and hnprovement Area B thereto; and F. the public facilities proposed to be fmanced ITom the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the City ofChu1a Vista as a result of development and/or rehabilitation occurring in the Annexation Area. SECTION 3. BOUNDARIES OF ANNEXED AREA The boundaries and parcels of land in the Annexation Area and on which special taxes are proposed to be levied in order to pay the costs and expenses for the public facilities described in Section 4 below are generally described as follows: All that property and territory proposed to be annexed to the District, as said property is shown on a map as previously approved by this legislative body, said map designated as Annexation Map No.1 of Community Facilities District No, 2001-1 (San Miguel Ranch), a copy of which is on file in the Office of the City Clerk and shall remain open for public inspecti on. SECTION 4. DESCRIPTION OF PUBLIC F ACILITŒS. The facilities that are authorized to be financed by the District from the proceeds of special taxes levied within the District (the "Facilities") are generally described in Exhibit A attached hereto and incorporated herein by this reference. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the Facilities, 2 15-68 The Facilities authorized to be financed by the District ITom the proceeds of special taxes levied within Improvement Area B are the types of facilities to be provided in the Annexation Area. If and to the extent possible the Facilities shall be provided in common within Improvement AreaB and the Annexation Area, SECTION 5. SPECIAL TAXES. Except where funds are otherwise available a special tax, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area, is hereby authorized, subject to voter approval, to be levied within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the special tax proposed to be levied within the Annexation Area, reference is made to the attached and incorporated Exhibit "B" (the "Rate and Method of Apportionment"), which sets forth in sufficient detail the method of apportionment of the special tax to allow each landowner or resident within the Annexation Area to estimate the maximum amount that such person will have to pay. Such special tax shall be utilized to pay directly for the previously described types of facilities, to pay, debt service on bonds issued by the District for Improvement Area B to assist in fmancing such types of facilities, to replenish any reserve fund established for such bonds, and to pay the costs of administering the bonds, the District and Improvement Area B. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subj ect to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Under no circumstances will the special tax to be levied against any parcel within the Annexation Area used for private residential purposes be increased as a conseqüence of delinquency or default by the owner of any other parcel or parcels within Improvement Area B by more than 10 percent. This legislative body further authorizes that special taxes may be prepaid and satisfied by payment of the prepayment amount calculated pursuant to the Rate and Method of Apportionment. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California against the property within the Annexation Area, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Annexation Area and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases, SECTION 6. SPECIAL TAX ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes within the Annexation Area as described in Section 5 above: A. Each such special tax shall be levied for the specific purposes set forth in Section 5. above. ; 3 15-69 B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 5, above. C. The District shall establish a separate account into which the proceeds of the special taxes levied within Improvement Area B shall be deposited, D, The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a rep,ort with the City Council as required pursuant to Government Code Section 50075.3. SECTION 7, ELECTION. The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on February 1, 2005, and such election shall be a special election to be conducted by the City Clerk (hereinafter "Election Official"), If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution. SECTION 8. BALLOT The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A CITY OF CHULA VISTA COMMUNITY FACILITŒS DISTRICT NO. 2001-1, IMPROVEMENT AREA B ANNEXATION MAP NO.1 AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 2001-1 (San Miguel Ranch) of the City ofChu1a Vista be authorized to levy special taxes, subject to the accountability measures set forth in Resolution No. , within the territory identified in Annexation Map No.1 to such district and Improvement Area B therein pursuant to the rate and method of apportionment of special taxes (the "Rate and Method") set forth in such resolution for the purpose of paying debt service on bonds of such district issued for Improvement Area B, replenishing the reserve fund for such bonds, paying costs of administering such indebtedness and such district and paying directly for the types of facilities described in such resolution? SECTION 8. VOTE The appropriate mark placed in the box after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the box after the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 9. ELECTION PROCEDURE This City Council hereby authorizes the Election Official to take any and all steps necessary for the holding of said election and ratifies any such steps previously taken by such Election Official which were necessary for the holding of such election. Said Election Official ; 4 15-70 shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Annexation Area. D, Cause the official ballots to be mailed and/or delivered, as required by law, E. Receive the returns ofthe election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns, G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed by the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. PREPARED BY: APPROVED AS TO FORM BY: ÝvhYJ ? ~ Ann Moore City Attorney Jack Griffin Director of General Services 5 15-71 EXHIBIT "A" DESCRIPTION OF TYPES OF FACILITIES . San Miguel Ranch Road . Proctor Valley Road Additional Facilities may be finsnced by proceeds of Development Impact aod/or Acquisition Fees . A-I 15-72 EXHIBIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES . B-1 15-73 RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 2001-1, IMPROVEMENT AREA A (San Miguel Ranch) A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property within the City of Chu1a Vista Community Facilities District No, 2001-1 ("CFD No, 2001-1, Improvement Area A") and collected each Fiscal Year co=encing in Fiscal Year 2002-03, in an amount determined by the City Council through the application of the appropriate Special Tax for "Developed Property," and "Undeveloped Property," as described below. All of the real property in CFD No, 2001-1, Improvement Area A, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided, A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps are not available, the Acreage shall be determined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2,5, Division 2 of Title 5 of the Government Code of the State of California, "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No, 2001-1, Improvement Area A including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No, 2001-1, Improvement Area A or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2001-1, Improvement Area A or any designee thereof of complying with City, CFD No. 2001-1, Improvement Area A or obligated persons. disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No, 2001-1, Improvement Area A or any designee thereQf related to an appeal of the Special Tax; and the costs associated with the release of funds ITom an escrow account, if any,' Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No, 2001-1, Improvement Area A for any other administrative purposes: of CFD No. 2001-1, Improvement Area A, 15-74 including attorney's fees and other costs related to commencmg and pursuing to completion any foreclosure of delinquent Special Taxes, "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number, "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section C. La, "Available Funds" means the balance in the reserve fund established pursuant to the terms of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent special tax payments, the Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such Indenture, "Backup Special Tax" means the Special Tax amount set forth in Section C,l,b, below, "Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series, issued by CFD No, 2001-1, Improvement Area A under the Act. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes, "CFD No. 2001-1, Improvement Area A" means City of Chu1a Vista, Community Facilities District No, 2001-1, Improvement Area A (San Miguel Ranch), "City" means the City of Chu1a Vista, "Commercial Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more non-residential structures, excluding Community Purpose Facility Property, "Community Purpose Facility Property" means all Assessor's Parcels which are classified as community purpose facilities and meet the requirements of City of Chu1a Vista Ordinance No, 2452. "Council" means the City Council of the City, acting as the legislative body of CFD No, 2001-1, Improvement Area A "County" means the County of San Diego, , 15-75 ^ 0 "Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to March 1 of the prior Fiscal Year, "Final Map" means a subdivision of property created by recordation of a fmal map, parcel map, or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented ITom time to time, and any instrument replacing or supplementing the same, "Land Use Class" means any of the classes listed in Tables 1 and 2 of Section C. "Lot(s)" means an individua11egallot created by a Final Map for which a building permit for residential construction has been or could be issued, "Master Developer" means the owner of the predominant amount of Undeveloped Property in CFD No. 2001-1, Improvement Area A "Maximum Annual Special Tax" means the maximum annual Special Tax, determined in accordance with the provisions of Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property, "Occupied Residential Property" means all Assessor's Parcels of Residential Property which have closed escrow to an end user. "Outstanding Bonds" means all Bonds which remain outstanding, "Property Owner Association Property" means any property within the boundaries of CFD No, 2001-1, Improvement Area A owned by or dedicated to a property owner association, including any master or sub-association, "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels of Developed Property within CFD No, 2001-1, Improvement Area A For Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property within CFD No, 2001-1, Improvement Area A "Public Property" means any property within the boundaries of CFD No. 2001-1, Improvement Area A that is used for rights-of-way or any other purpose and is owned by 15-76 or dedicated to the federal government, the State of California, the County, the City or any other public agency, "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area, The determination of Residential Floor Area shall be made by reference to appropriate records kept by the City's Building Department Residential Floor Area will be based on the building permit(s) issued for each dwelling unit prior to it being classified as Occupied Residential Property, and shall not change as a result of additions or modifications made after such classification as Occupied Residential Property, "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No, 2001-1, Improvement Area A to: (i) pay annual debt service on all Outstanding Bonds as defined in Section A; (ü) pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; (v) and pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD No. 2001-1, Improvement Area A; (vi) less a credit for Available Funds, "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries ofCFD No, 2001-1, Improvement Area A which are not exempt from the Special Tax pursuant to law or Section E below, "Trustee" means the trustee, fiscal agent, or paying agent under 'the Indenture, "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, 15-77 A A B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 2001-1, Improvement Area A shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below, Furthermore, Developed Property shall be classified as Residential Property or Co=ercial Property, C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or Co=ercial Property that is classified as Developed Property shall be the greater of (1) the Assigned Special Tax described in Table 1 below or (2) the amount derived by application of the Backup Special Tax, a. Assil!ned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table 1. TABLE! Assigned Special Tax for Developed Property Land Use Class Descri tion Residential Property Assi ned S ecia1 Tax $475,00 per unit plus $0.34 per square foot of Residential Floor Area $5,091 per Acre ofCo=ercial Pro e 1 2 Co=ercia1 Property b. Backup Special Tax When a Final Map is recorded within Improvement Area A, the Backup Special Tax for Assessor's Parcels of Developed Property classified as Residential Property or Commercial Property shall be determined as follows: For each Assessor's Parcel of Developed Property classified as Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property within the Final Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: 15-78 ^ < $10,376xA B= ------------------------ L The terms above have the following meanings: B = Backup Special Tax per Lot in each Fiscal Year, A = Acreage classified or to be classified as Residential Property in such Final Map, L = Lots in the Final Map which are classified or to be classified as Residential Property, For each Assessor's Parcel of Developed Property classified as Co=ercial Property or for each Assessor's Parcel of Undeveloped Property to· be classified as Co=ercial Property within the Final Map area, the Backup Special Tax shall be determined by multiplying $10,376 by the total Acreage of the Commercial Property and Undeveloped Property to be classified as Co=ercial Property within the Final Map area, Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Commercial Property or Undeveloped Property for which the Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Map, then the Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the amount of Backup Special Tax that would have been generated if such change did not take place, 2. Undeveloped Property The Maximum Annual Special Tax for each Assessor's Parcel ,classified as Undeveloped Property shall be the amount shown in Table 2 below: TABLE 2 Maximum Annual S ecial Tax for Undevelo Land Use Class 3 erty Maximum Annual S edal Tax $10,376 er Acre 15-79 ^ < D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Co=encing with Fiscal Year 2002-03 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement, Second: If additional monies are needed to satisfy the Special Tax Requirement after the fIrst step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, excluding any Assessor's Parcels classified as Undeveloped Property pursuant to Section E, at up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Third: If additional monies are needed to satisfy the Special Tax Requirement after the fIrst two steps have been completed, the Special Tax to be levied on each Assessor's Parcel whose Maximum Annual Special Tax is derived by the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's Parcel. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the fIrst three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel classified as Undeveloped Property pursuant to Section E at up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Occupied Residential Property be increased by more than ten percent per year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel ofCFD No, 2001-1, Improvement Area A. E. EXEMPTIONS The CFD Administrator sha1l classify as exempt property (i) Assessor's Parcels defIned as Public Property, (ii) Assessor's Parcels defmed as Property Owner Association Property, (iii) Assessor's Parcels which are used as places of worship and are exempt ITom ad valorem property taxes because they are owned by a religious organization, (iv) Assessor's Parcels defmed as Community Purpose Facility Property or (v) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, provided that no "8uch classifIcation would reduce the sum of all 15-80 . ~ Taxable Property to less than 121.93 Acres, Notwithstanding the above, the CFD Administrator shall not classify an Assessor's Parcel as exempt property if such classification would reduce the sum of all Taxable Property to less than 121.93 Acres, Assessor's Parcels which cannot be classified as exempt property because such classification would reduce the Acreage of all Taxable Property to less than 121.93 Acres will be classified as Undeveloped Property and shall be taxed as a part of the fourth step in Section D, Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes exempt property, The Maximum Annual Special Tax obligation for any Public Property which cannot be classified as exempt property as described in the first paragraph of Section E shall be prepaid in full by the seller pursuant to Section H.l, prior to the transfer/dedication of such property. Until the Maximum Annual Special Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Undeveloped Property pursuant to the fourth step in Section D, F. REVIEW/APPEAL COMMITTEE The Council shall establish as part of the proceedings and administration ofCFD No. 2001- 1, Improvement Area A a special three-member Review/Appeal Committee, Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may file a written notice with the Review/Appeal Committee appealing the amount of the Special Tax levied on such Assessors Parcel. The Review/Appeal Committee may establish such procedures as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified, The decision of the Review/Appeal Committee shall be final and binding as to all persons, G. MANNER OF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No, 2001-1, Improvement Area A may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels which are delinquent in the payment of Special Taxes, Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council, , 15-81 , 0 H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "Outstanding Bonds" means all previously issued Bonds which will remain outstanding àfter the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied by an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Public Property, The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this figure, The Prepayment Amount (defined below) shall be calculated as su=arized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus less less Total: equals Redemption Premium Defeasance Amount Administrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: L For Assessor's Parcels of Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, 15-82 , n based upon the building permit which has already been issued for that Assessor's Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property, 2. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the sum of the total expected Maximum Annual Special Tax revenues excluding any Assessor's Parcels which have been prepaid, 3, Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount'). 4, Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 5, Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds, 6, Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid, 8, Compute the amount the CFD Administrator reasonably expects to derive ITom the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses ITom the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment 9, Add the am01mts computed pursuant to paragraphs 5 and 7 and subtract the amount computed pursuant to paragraph 8 (the "Defeasance Amount'). 10, VerifY the administrative fees and expenses of CFD No, 2001-1, Improvement Area A, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 11, The reserve fund credit (the "Reserve Fund Credit') shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defmed in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defmed in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the 15-83 prepayment ITom the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 12, If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the fIrst interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such fIrst interest and/or principal payment (the "Capitalized Interest Creclif'), 13. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 9, and 10, less the amounts computed pursuant to paragraphs 11 and 12 (the "Prepayment Amounf'). 14, From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 9, 11, and 12 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments, The amount computed pursuant to paragraph 10 shall be retained by CFD No. 2001- 1, Improvement Area A. The Prepayment Amount may be insufficient to redeem other than a $5,000 increment of Bonds, In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for'such Assessor's Parcel ITom the County tax rolls, With respect to any Assessor's Parcel that is prepaid, the Board shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease, Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within CFD No, 2001-1, Improvement Area A both prior to and after the proposed prepayment is at least 1,1 times the maximum annual debt service on all Outstanding Bonds, Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. 15-84 ^ " 2. Prepayment in Part The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid, The amount of the prepayment shall be calculated as in Section H.1; except that a partial prepayment shall be calculated according to the following formula: PP=(PExF)+A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.1, minus Administrative Expenses and Fees pursuaot to Step 10, F = the percent by which the owner of the Assessor's Parce1(s) is partially prepaying the Maximum Annual Special Tax. A= the Administrative Expenses and Fees pursuant to Step 10, The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Annual Special Tax, (ü) the percentage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the compaoy or agency that will be acting as the escrow agent, if applicable, The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Paragraph 14 of Section H.1, and (ii) indicate in the records ofCFD No, 2001-1, Improvement Area A that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuaot to Section D. I. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2002-03 to the extent necessary to fully satisfy the Special Tax Requirement for a period no longer than 2037-38, 15-85 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE SUBMITTAL OF THE PROPOSED MODIFICATIONS TOTHEFACILITIESAUTHORlZEDTOBENNANCEDBYCO~TY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITIDN IMPROVEMENT AREA B THEREOF AND THE AUTHORIZED BONDED INDEBTEDNESS FOR SUCH IMPROVEMENT AREA TO THE QUALIFIED ELECTORS THEREOF WHEREAS, the City Council of the City ofChula Vista, California, (the "City Council") previously has previously undertaken proceedings to form Community F¡¡.cilities District No 2001-1 (San Miguel Ranch) (the "District"), to designate two improvement areas therein ("Improvement Area A" and "Improvement Area B") and to authorize the levy of special taxes within each Improvement Area pursuant to the provisions of the Mello- Roos Community Facilities Act of 1982, as amended (Government Code Section 53311 and following) (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City ofChu1a Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law") to fmance the acquisition or construction of certain authorized facilities. WHEREAS, the qualified electors of each Improvement Area of the District, voting in a special election held on December 11, 2001, approved the authorization to (a) levy special taxes within each Improvement Area pursuant to a separate rate and method of apportionment of such special taxes for each Improvement Area (the rate and method of apportionment of special taxes approved for Improvement Area B shall be referred to as the "Existing Improvement Area B RMA") and (b) to incur a bonded indebtedness ofthe District for Improvement Area B in a principal amount not to exceed $6,000,000 (the "Existing Improvement Area B Bond Authorization"); and WHEREAS, subsequent to the formation of the District and such election, NNP- Trimark San Miguel Ranch, LLC and Procter Valley West Properties, LLC, the current master developers of the property within the District, have requested that the City COW1cil, acting as the legislative body of the District, initiate proceedings to consider modifications to (a) the facilities authorized to be financed (the "Authorized Facilities") ITom the proceeds of special taxes levied within Improvement Area B ofthe District and/or bonds issued by the District for Improvement Area B which are secured by the levy of such special taxes, (b) the Existing Improvement Area B RMA and (c) the Existing Improvement Area B Bond Authorization; and 1 15-86 WHEREAS, the City Council has adopted its Resolution No. 2004-390 declaring its intention to consider modifications to (a) the Authorized Facilities, (b) the Existing Improvement Area B RMA and (c) the Existing Improvement Area B Bond Authorization; WHEREAS, notice of a public hearing to consider the proposed modifications has been given in the form and manner required by the Community Facilities District Law; and WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing within Improvement Area B ofthe District and/or property owners representing more than one-half(l/2) or more of the area ofland within Improvement AreaB of the District to the proposed modifications or anyone of them; and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within Improvement Area B for each of the 90 preceding days, this legislative body desires to submit the questions of authorizing the modifications to the Authorized Facilities, the Existing Improvement Area B RMA and the Existing Improvement Area B Bond Authorization to the landowners of Improvement Area B, said landowners being the qualified electors as authorized by law. . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNlA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITŒS DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1, RECITALS, The above recitals are all true and correct. SECTION 2. DETERMINATIONS It is determined by this City Council that: A. all proceedings related to the proposed modifications to (a) the Authorized Facilities, (b) the Existing Improvement Area B RMA and (c) the Existing Improvement Area B. Bond Authorization prior hereto were valid and taken in conformity with the requirements oflaw, and specifically the provisions of the Cornmunity Facilities District Law; B. the proposed modifications to (a) the Authorized Facilities, (b) the Existing Improvement Area B RMA and (c) the Existing Improvement Area B Bond Authorization conform with the City of Chu1a Vista Statement of Goals and Policies Regarding the Establishment of Cornmunity Facilities Districts; C. the Additional Facilities (as defined below) proposed to be financed ftom the proceeds of special taxes to be levied within the Improvement Area B are necessary to meet increased demands placed upon the City ofChu1a Vista as a result of development and/or rehabilitation occurring in Improvement Area B. 2 15-87 D. written protests have not been received by 50% or more of the registered voters residing within Improvement Area B of the District and/or property owners representing more than one-half(l/2) or more of the area ofland within Improvement Area B of the District to the proposed modifications to (a) the Authorized Facilities, (b) the Existing Improvement Area B RMA or (c) the Existing Improvement Area B Bond Authorization; E. less than twelve (12) registered voters have resided within Improvement Area B for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of Improvement Area B and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Improvement Area B; F. the qualified electors have consented to the shortening of time for conducting the special election to present the questions to authorize the modifications to (a) the Authorized Facilities, (b) the Existing Improvement Area B RMA and (c) the Existing Improvement Area B Bond Authorization, therefore, such special election may be conducted less than 90 following the date of the public hearing to consider such modifications. SECTION 3. DESCRIPTION OF THE AREA TO BE AFFECTED. The area to be affected by the proposed modifications to the Authorized Facilities, the Existing Improvement Area B RMA, and the . Existing Improvement Area B Bond Authorization is all of Improvement Area B of the District as shown on the Amended Boundary Map. SECTION 4. PROPOSED MODIFICATION OF F ACILITŒS AUTHORIZED TO BE FINANCED BY THE DISTRICT. This City Council hereby approves, subject to the approval by the qualified electors of the District, the modification of the Authorized Facilities to authorize the District to finance the additional facilities set forth in Exhibit A attached hereto and incorporated herein by this reference (the "Additional Facilities" and together with the Authorized Facilities, the "Modified Facilities"). SECTION 5. PROPOSED MODIFICATION TO THE EXISTING IMPROVEMENT AREA B RMA. Except to the extent that funds are otherwise available to the District to pay for the Modified Facilities, this City Council hereby approves, subject to the approval by the qualified electors of Improvement Area B, changes to the Exisdng Improvement Area B RMA to authorize the levy of special taxes within Improvement Area B pursuant to the modified rate and method of apportionment of special taxes (the "Modified Improvement Area B RMA") set forth in Exhibit B attached hereto and incorporated herein by this reference. Such modified special taxes shall be secured by recordation of a continuing lien against all non-exempt real property within Improvement Area B, shall be levied annually within Improvement Area B, and shall be collected in the same manner as ordinary ad valorem property taxes, or in such other manner at this Board or its designee shall determine, including direct billing of the affected property owners. Under no circumstances will the ; 3 15-88 special tax levied against any parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other parcel or parcels within Improvement Area B. A parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit or the equivalent for private residential use is issued for such parcel. The Modified Improvement Area B RMA sets forth the conditions under which the special tax obligation for any parcel within Improvement Area B may be prepaid and permanently satisfied in whole or in part. SECTION 6. PROPOSED MODIFICATION TO THE EXISTING IMPROVEMENT AREA B BOND AUTHORIZATION. This City Council hereby approves, subject to the approval by the qualified electors of the District, the modification of the Existing Improvement Area B Bond Authorization by increasing such authorization ITom $6,000,000 to $14,000,000 (the "Modified Improvement Area B Bond Authorization"). SECTION 7. SPECIAL TAX ACCOUNTABILITYMEASURES. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District within Improvement Area B of the special taxes described in Section 5 above: A Such special tax shall be levied for the specific purposes set forth in Section 5, above. B. The proceeds of the levy of such special tax shall be applied only to the specific applicable purposes set forth in Section 5. above, C. The District shall establish a separate account into which the proceeds of such special tax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. SECTION 8. BOND ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 ofPart 1 of Division 2 of Title 5 of the Government Code, this City Council hereby establishes the following accountability measures pertaining to any bonded indebtedness for Improvement Area B incurred by or on behalf of the District: A Such bonded indebtedness shall be incurred for the purpose of financing the costs of the acquisition or construction ofthe Modified Facilities, appurtenances and appurtenant work and any 4 15-89 and all of those applicable incidental costs described in aod authorized by Government Code Section 53345.3. B. The proceeds of any such bonded indebtedness shall be applied only to the applicable specific purposes identified in paragraph A above, C. The document or documents establishing the terms and conditions for the issuance of any such bonded indebtedness shall provide for the creation of an account into which the proceeds of such indebtedness shall be deposited. D. The City Manager or his or her designee, acting for aod on behalf of the District, shall annually file a report with this City Council as required by Government Code Section 5341 L SECTION 9. ELECTION The propositions to authorize the District to (a) finance the Additional Facilities, (b) levy special taxes within Improvement Area B pursuant to the Modified Improvement Area B RMA and (c) issue bonds secured by such special taxes in a principal amount not to exceed $14,000,000 and the shall be submitted to the qualified electors of Improvement Area B, said electors being the landowners, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on February 1,2005 or such other date as the City Clerk, acting as the election official for such special election (the "Election Official"), aod all of the qualified electors within Improvement Area B may agree and consent. If the proposition to authorize the District to finaoce the Additional Facilities receives the approval of more than two-thirds (2/3) of the votes cast on such proposition, the District may finance the Additional Facilities as provided for in this Resolution. If the proposition to authorize the levy ofthe special tax pursuaot to the Modified Improvement Area B RMA receives the approval of more than two-thirds (2/3) of the votes cast on such proposition, the special tax may be levied pursuant to the Modified Improvement Area B RMA as provided for in this Resolution. If the proposition to authorize the District to incur a bonded indebtedness for Improvement Area B in an amount equal to the Modified Improvement Area B Bond Authorization, the District shall be authorized to incur such bonded indebtedness as provided for in this Resolution. SECTION 10. BALLOT The ballot proposals to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A Shall City of Chula Vista Community Facilities District No. 2001-1 (San Miguel Ranch), be authorized to finance the Additional Facilities in addition to the Authorized Facilities as such terms are defmed in Resolution No. 5 15-90 PROPOSITION B Shall City of Chula Vista Community Facilities District No, 2001-1 (San Miguel Ranch), subject to accountability measures set forth in Resolution No. , be authorized to levy a special tax pursuant to the revised rate and method of apportionment as set forth in such Resolution for the purposes of paying debt service on bonds of such district issued for Improvement Area B, replenishing the reserve fund for such bonds, paying costs of administering such indebtedness and such district and paying directly for the Modified Facilities as defined in such Resolution? PROPOSITION C Shall the City ofChula Vista Cornmunity Facilities District No. 2001-1 (San Miguel Ranch), subject to accountability measures set forth in Resolution No. , incur a bonded indebtedness for Improvement Area A of such district in an amount not to exceed $14,000,000 for the specific purposes set forth in such resolution? SECTION 11. VOTE The appropriate mark placed in the box after the word "YES" shall be counted in favor of the adoption of the proposition voted upon, and the appropriate mark placed in the box after the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 12. ELECTION PROCEDURE The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of Improvement Area B. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns, 6 15-91 G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. PREPARED BY: VED AS TO FORM BY: ~¡ I/fLÆ Jack Griffin Director of General Services 7 15-92 EXHIBIT B MODIFIED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT 2001-1 (SAN MIGUEL RANCH) IMPROVEMENT AREA B [Attach a copy of the revised Rate and Method] B-1 15-94 EXHIBIT A ADDITIONAL AUTHORIZED FACILITIES · Facilities to be financed by proceeds of the Public Facilities Development Impact Fee · Facilities to be financed by proceeds of the Park Acquisition and Development Fee · Facilities to be financed by proceeds of the Fiscal Deficit Impact Fee A-1 15-93 1\1 ~"T AMENDED RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 2001-1, IMPROVEMENT AREA B (San Miguel Ranch) A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property within the City of Chula Vista Community Facilities District No. 2001-1 ("CFD No. 2001-1 Improvement Area B") and collected each Fiscal Year co=encing in Fiscal Year 2005-06, in an amount determined by the City Council through the application of the appropriate Special Tax for "Developed Property," and "Undeveloped Property as described below. All of the real property in Improvement Area B, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided, A. DEFINITIONS The terms hereinafter set forth have the following meanings: " 'A' Map" shall mean a master fmal subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which subdivides the land or a portion thereof shown on a tentative map into "super block" lots corresponding to units or phasing of a combination of units as shown on such tentative map and which may further show open space lot dedications, backbone street dedications and utility easements required to serve such "super block" lots, "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps are not available, the Acreage shall be determined by the City Engineer. "Act" means the Mello-Roos Co=unity Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Goverrunent Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration ofImprovement Area B ofCFD No. 2001-1 including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the .City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No, 2001-1, or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No, 2001-1, or any designee thereof of complying with disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure City ofChula Vista Community Facilities District No, 2001-1, 1mprove"'1'5'..49'! B San Mizuel Ranch Revised November 2004 Paf!e 1 statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No, 2001-1, or any designee thereof related to an appeal of the Special Tax; and the costs associated with the release of funds ITom an escrow account, if any, Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No, 2001-1, Improvement Area B for any other administrative purposes of CFD No, 2001-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes, "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number, "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section c.1. a, "Available Funds" means the balance in the reserve fund established pursuant to the terms of the Indenture in excess of the reserve requirement as defmed in such Indenture, delinquent Special Tax payments, the Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such Indenture, "Backup Special Tax" means the Special Tax amount set forth in Section c.l,b, "Bonds" means any bonds or other debt (as defmed in the Act), whether in one or more series, issued by CFD No, 2001-1 for Improvement Area B under the Act. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. . "CFD No. 2001-1" means City of Chu1a Vista, Community Facilities District No, 2001-1 (San Miguel Ranch). "City" means the City of Chula Vista, "Commercial Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more non-residential structures, excluding Community Purpose Facility Property, "Community Purpose Facility Property" means all Assessor's Parcels which are (a) classified as co=unity purpose facilities and meet the requirements of City of Chula Vista Ordinance No, 2002-2883 as amended on November 5, 2002 or (b) designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map as a co=unity purpose facility, ; City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ranch 15-96 Revised November 2004 Page 2 "Council" means the City Council of the City, acting as the legislative body of CFD No. 2001-1. "County" meaos the County of San Diego, "Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to March 1 of the prior Fiscal Year, "Exempt Property" means all Assessor's Parcels that are exempt from the levy of the Special Tax pursuant to the provisions of Section E. "Final Map" means a subdivision of property created by recordation of a fma1 map, parcel map, or lot line adjustment, approved by the City pursuaot to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which residential building permits may be issued without further subdivision of such property, "Fiscal Year" meaos the period starting July 1 and ending on the following June 30. "Improvement Area B" means Improvement Area B ofCFD No, 2001-1. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented ITom time to time, aod any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Table 1 of Section C. "Lot(s)" means an individual legal lot created by a Final Map for which a building permit for residential construction has been or could be issued, "Master Developer" means the owner of the predominaot amount of Undeveloped Property.in Improvement Area B. "Maximum Annual Special Tax" means the maximum aonual Special Tax, determined in accordance with the provisions of Section C , that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Outstanding Bonds" means all Bonds which remain outstanding, "Property Owner Association Property" means any property within the boundaries of CFD No, 2001-1 which is (a) owned by a property owner association or (b) is designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map as property owner association property, As used in this definition, a property owner association property includes any master or sub-association, City ofChula Vista Community Facilities District No, 2001-1, Impravement Area B San Miguel Ranch 15-97 Revised Navember 2004 Page 3 "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels of Developed Property within Improvement Area B. For Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property within Improvement Area B. "Public Property" means any property within the boundaries of CFD No, 2001-1 that which (a) is owned by a public agency, (b) has been irrevocably offered for dedication, prior to June 1st of the preceding Fiscal Year, to a public agency or (c) is designated with specific boundaries and acreage on an 'A' Map or Finaì Subdivision Map as property which will be owned by a public agency, For purposes of this definition, a public agency includes the federal government, the State of California, the County, the City or any other public agency, "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units, "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area, The determination of Residential Floor Area shall be made by reference to appropriate records kept by the City's Building Department, Residential Floor Area will be based on the building permit(s) issued for each dwelling unit prior to it being classified as Residential Property, and shall not change as a result of additions or modifications made after such classification as Residential Property, "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No, 2001-1, Improvement Area B to: (i) pay annual debt service on all Outstanding Bonds; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordancè with the Indenture; (v) and pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD No, 2001-1 for Improvement Area B; (vi) less a credit for Available Funds, "State" means the State of California, "Taxable Property" means all of the Assessor's Parcels within the boundaries of Improvement Area B which are not exempt ITom the Special Tax pursuant to law or Section E below, "Trustee" means the trustee, fiscal agent, ór paying agent under the Indenture, City ofChula Vista Community Facilities District No, 2001-1, 1mprovementArea B San Miguel Ranch 1 5 - 9 8 Revised November 2004 PaKe4 "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. "Zone 1" means a specific geographic area as depicted in Exhibit A attached hereto. "Zone 2" means a specific geographic area as depicted in Exhibit A attached hereto. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property withio Improvement Area B shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of annual Special Taxes determioed pursuant to Sections C and D below, Furthermore, Developed Property shall be classified as Residential Property or Commercial Property, C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or Commercial Property that is classified as Developed Property shall be the greater of (1) the Assigned Special Tax described in Table 1 below or (2) the amount derived by application of the Backup Special Tax, a. AssÍlmed SDecial Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table 1, TABLE 1 Assigned Special Tax for Developed Property within Zone 1 and Zone 2 Land Use Class 1 Descri tion Residential Property Assi ned S ecial Tax $475,00 per unit plus $0.82 per square foot of Residential Floor Area $4,000 per Acre of Commercial Pro e 2 Commercial Property City of Chula Vista Community Facilities District No. 2001-1, Improvement Area B San Miguel Ranch 15-99 Revised Navemher 2004 Page 5 b. Backun Snecial Tax When a Final Map is recorded within Zone 1 or Zone 2, the Backup Special Tax for Assessor's Parcels of Developed Property classified as Residential Property or Commercial Property shall be determined as follows: For each Assessor's Parcel of Developed Property classified as Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property within the Final Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone 1 $10,444xA B= ------------------------ L Zone 2 $4,444xA B= ------------------------ L The terms above have the following meanings: B = Backup Special Tax per Lot in each Fiscal Year, A = Acreage classified or to be classified as Residential Property in such Final Map. L = Lots in the Final Map which are classified or to be classified as Residential Property, For each Assessor's Parcel of Developed Property classified as Commercial Property or for each Assessor's Parcel of Undeveloped Property to be classified as Commercial Property within the Final Map area, the Backup Special Tax shall be determined by multiplying $10,444 for Zone 1 and $4,444 for Zone 2 by the total Acreage of the Commercial Property and Undeveloped Property to be classified as Commercial Property within the Final Map area, Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Commercial Property or Undeveloped Property for which the total Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Map, then the total Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the amount of total Backup Special Tax that would have been generated if such change did not take place, City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ranch 15-100 Revised November 2004 Page 6 2. Undeveloped Property The Maximum Annual Special Tax for each Assessor's Parcel classified as Undeveloped Property shall be $10,444 per Acre for Zone I and $4,444 per Acre for Zone 2, D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Co=encing with Fiscal Year 2005-06 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement, Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, excluding any Assessor's Parcels classified as Undeveloped Property pursuant to Section E, at up to 100% of the Maximum Annual Special Tax for Undeveloped Property, Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel whose Maximum Annual Special Tax is derived by the application of the Backup Special Tax and shall be increased Proportionately ITom the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's Parcel. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel classified as Undeveloped Property pursuant to Section E at up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased by more than ten percent per year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel in Improvement Area B. . City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ranch 15-101 Revised November 2004 Page 7 E. EXEMPTIONS 1, The CFD Administrator shall classify as Exempt Property (i) Assessor's Parcels defmed as Public Property, (ü) Assessor's Parcels defined as Property Owner Association Property, (iii) Assessor's Parcels defmed as Co=unity Purpose Facility Property or (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, provided that no such classification would reduce the sum of all Taxable Property to less than 100,94 Acres in Zone 1 and 9,63 Acres in Zone 2, Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 100,94 Acres in Zone 1 and 9,63 Acres in Zone 2 will be classified as Undeveloped Property and shall be taxed as such. Tax-exempt status for purposes of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes Exempt Property, 2, The Maximum Annual Special Tax obligation for any Public Property which cannot be classified as Exempt Property as described in the first paragraph of Section E shall be prepaid in full by the seller pursuant to Section R.l, prior to the transfer/dedication of such property, Until the Maximum Annual Special Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Undeveloped Property, 3, If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in paragraph 1 that would make such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property, F. REVIEW/APPEAL COMMITTEE The Council shall establish as part of the proceedings and administration ofCFD No, 2001- 1, Improvement Area B a special three-member Review/Appeal Committee. Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may file a written notice with the Review/Appeal Committee appealing the amount of the Special Tax levied on such Assessor's Parcel. The Review/Appeal Committee may establish such procedures as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified, The decision of the Review/Appeal Committee shall be fmal and binding as to all persons, City ofChula Vista Community Facilities District No, 2001-1, ImprovementArea B San Miguel Ranch 1 5 -1 02 R<Nised November 2004 Paf(e 8 G. MANNER OF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2001-1, Improvement Area B may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its fmancial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels which are delinquent in the payment of Special Taxes, Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council, H. PREPAYMENT OF SPECIAL TAX The following defInition applies to this Section H: "CFD Public Facilities" means those public facilities authorized to be financed by Improvement Area B. "CFD Public Facilities Costs" means either $9,75 million, or such lower number as shall be determined either by (a) the CFD Administrator as sufficient to finance the CFD Public Facilities, or (b) the Council concurrently with a covenant that it will not issue any more Bonds to be secured by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct the CFD Public Facilities, "Future Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion of the CFD Public Facilities Costs previously funded (i) ITom the proceeds of all previously issued Bonds, (ü) ITom interest earnings on the Construction Fund actually earned prior to the date of prepayment and (üi) directly from Special Tax revenues and (b) the amount of the proceeds of all previously issued Bonds then on deposit in the Construction Fund, "Outstanding Bonds" means all previously issued Bonds which will remain outstanding after the fIrst interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. City ofChula VIsta Community Faci/ines District No. 2001-1, ImprovementArea B San Miguel Ranch 1 5 -1 03 Revised November 2004 Pa?;e 9 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied by an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Public Property. The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided that a prepayment may be made only ifthere are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay, Withio 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's ParceL The CFD Administrator may charge a reasonable fee for providing this figure. The Prepayment Amount (defIDed below) shall be calculated as summarized below (capitalized terms as defIDed below): Bond Redemption Amount plus plus plus plus less less Total: equals Redemption Premium Future Facilities Amount Defeasance Amount Prepayment Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defIDed below) shall be calculated as follows: Paragraph No.: L For Assessor's Parcels of Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid, For Assessor's Parcels of Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's ParceL For Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property. 2, Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within Improvement Area B excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid, City ofChula Vista Community Facilities District No. 2001-1, 1mprovementArea B San Miguel Ranch 15-104 Revised November 2004 Page 10 3, Multiply the quotient computed pursuant to paragraph 2 by the principal amount of Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"), 4, Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 5, If all the Bonds authorized to be issued for Improvement Area B have not been issued, compute the Future Facilities Costs. 6, Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount"). 7, Compute the amount needed to pay interest on the Bond Redemption Amount from the fIrst bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds, 8, Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. 10, Determine the fees and expenses of Improvement Area B, including but not limited to, the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds from the proceeds of such prepayment, and the cost of recording any notices to evidence the prepayment and the redemption (the "Prepayment Fees and Expenses"), 1 L Compute the amount the CFD Administrator reasonably expects to derive ITom the reinvestment of the Prepayment Amount less the Prepayment Fees and Expenses as determined pursuant to paragraph 10, ITom the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 12, Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount computed pursuant to paragraph 11 (the "Defeasance Amount"), 13, The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defIned in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment ITom the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero, '. City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ranch 15-105 Revised November 2004 Page 11 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"), 15, The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 10 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Prepayment Amount"), 16, From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 12, 13, and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments, The amount computed pursuant to paragraph 10 shall be retained by CFD No. 2001- 1, Improvement Area B. The amount computed pursuant to paragraph 6 shall be deposited in the Construction Fund. The Prepayment Amount may be insufficient to redeem other than a $5,000 increment of Bonds, In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments, As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel ITom the County tax rolls, With respect to any Assessor's Parcel that is prepaid, the CFD Administrator shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parce~ and the obligation of such Assessor's Parcel to pay the Special Tax shall cease, Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within CFD No, 2001-1, Improvement Area B both prior to and after the proposed prepayment is at least 1,1 times the maximum annual debt service on all Outstanding Bonds, Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Act However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the CounciL 2. Prepayment in Part The Maximum Annual Special Tax obligation on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid, The a1nount of the prepayment shall be calculated as City ofChula Vista Community Facilities District No, 2001-1, Improvement Area B San Miguel Ranch 15-106 Revised November 2004 Page 12 3. Multiply the quotient computed pursuant to paragraph 2 by the principal amount of Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). 4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 5. If all the Bonds authorized to be issued for Improvement Area B have not been issued, compute the Future Facilities Costs. 6. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount"). 7. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. 10. Determine the fees and expenses of Improvement Area B, including but not limited to, the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds from the proceeds of such prepayment, and the cost of recording any notices to evidence the prepayment and the redemption (the "Prepayment Fees and Expenses"). 11. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Prepayment Fees and Expenses as determined pursuant to paragraph 10, from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 12. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount computed pursuant to paragraph 11 (the "Defeasance Amount"). 13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. ", City ofChula Vista Community Facilities District No. 2001-1, Improvement Area B San Miguel Ranch 15-105 Revised Navember 2004 Page 11 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 10 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Prepayment Amount"). 16. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 12, 13, and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 10 shall be retained by CFD No. 2001- 1, Improvement Area B. The amount computed pursuant to paragraph 6 shall be deposited in the Construction Fund. The Prepayment Amount may be insufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel ITom the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the CFD Administrator shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parce~ and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within CFD No. 2001-1, Improvement Area B both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. 2. Prepayment in Part The Maximum Annual Special Tax obligation on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as City ofChula Vista Community Facilities District No. 2001-1, Improvement Area B San Miguel Ranch 1 5-1 06 Revised November 2004 Page 12 in Section H.l; except that a partial prepayment shall be calculated according to the following formula: PP = (PE X F) + A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.l, minus Prepayment Fees and Expenses pursuant to Step 10, F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Annual Special Tax, A= the Prepayment Fees and Expenses pursuant to Step 10, The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Annual Special Tax, (ü) the percentage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable, The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Paragraph 16 of Section H.1, and (ü) indicate in the records of CFD No, 2001-1, Improvement Area B that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D, I. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2005-06 to the extent necessary to fully satisfy the Special Tax Requirement for a period no longer than 2041-42, - City ofChu/a VIsta Community Facilities District No, 2001-1, ImprovementArea B San Migue/Ranch 15-107 Revised November 2004 Page 13 ri ,.! Ii ~ !1ð~ ~ ~ " " 0 ~,...; ; . 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'; ~~ ~ at; o. ~ I ~ ~ i~!li I" ~ 15 ~g ~ ~ .~ .~ ~.~¡; ø ~i d¡¡i;~ ~ '¡'! i ~ .~ . 15-108 [XI'D019'Wdrot1:E~£1/6~P'1-tDOl..a:D\("£9E ~d\,:M City of Cbula Vista Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having II financial inter~ in the property that is the 5Ubject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. -V r-"ll.11AD-¥-k Po 'QS t(' - 1(\.1\0 VI.. {-eè; l b L LC . ~ l .0">0 . <Vr-o~t" ISC-L \ \ ~ ' L L c- S?:> L:> ì 'P Âr-"" A. k L Lc 2, If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity, ""S~\>."u, ~~- Q~~..l- ~u¡e SoL.,-,- '-~.. .::I-e.{t~ Ç-*=c\cl~~ C-\J-v...~ ~~""e.<-o, J~r.. 3, If any person* identified pursuant to (1) above is a non-profit organization or 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. 4. Please identify eve!)' person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. ~f~~ 'E. 4~s--kr 5, Has any person· associated with this contract had any financia1 dealings with an official ** ¢the City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No ~ 15-109 If Yes, briefly describe the nature of the financial interest the official ** may have in this contract 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No 0 es _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official ** of the City ofChula Vista in the past twelve (12) months? (Thj$ includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_ No~ . If Yes, which official** and what was the nature of item provided, Date:l- 4 - a5' /~~ Signature 0 Contractor! Applicant Stephen E. Hester Executive Vice President Print or type name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or stafImembers, 15-110 COUNCIL AGENDA STATEMENT Item I {¡; Meeting Date 1/25/05 ITEM TITLE: Public hearing on Assessment District 2002-1 for sidewalk improvements on Quintard Street between Third Avenue and Orange Avenue Resolution Confirming the Engineer's Report on the cost of construction of certain public improvements in Assessment District 2002-1 (Quintard Street) SUBMITTED BY: Resolution Assessing the Costs of Construction of certain public improvements on properties within Assessment District 2002-1 (Quintard Street) and ordering the recordation of a Notice of Lien. Director of General serviceG~' CityManagerCÞ ,¡ þ(J~ (4/5ths Vote: Yes _ No.x:¡ REVIEWED BY: On July 22,2003, pursuant to Chapter 27 of the Improvement Act of 1911 (the "Block Act") and Article XIIID ofthe Constitution of the State of California ("Article XIIID"), Council awarded the construction contract to Star Paving, Inc., for the construction of sidewalk improvements on Quintard Street between Third Avenue and Orange Avenue, The work is now complete and improvements have been accepted by the City Manager. On December 14, 2004, Resolution 2004- 395 was adopted to accept filing of the Engineer's Report on the cost of construction and to set the public hearing on the assessments and Resolution 2004-396 was also adopted to approve the deferral of the payment of assessments and to establish the rate of interest payable on the unpaid balance of such assessments and financing period. RECOMMENDATION: That Council: 1. Open the hearing, take testimony, and close the hearing; 2, Adopt the resolution confirming the Engineer's Report by the City Engineer on the cost of construction of the sidewalk improvements on Quintard Street between Third Avenue and Orange Avenue; 3. Adopt the resolution assessing the costs of construction of the sidewalk improvements and ordering the recordation of a Notice of Lien, BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On March 4,2003 Council adopted Resolutions 200-3-093, 2003-094, and 2003-095 (Attachment A), Resolution 2003 -093 accepted a petition signed by the property owners along Quintard Street for the 16-1 Page 2, Item } {p Meeting Date 1/25/05 formation of an assessment district pursuant to the Block Act to finance the construction of missing sidewalk improvements along Quintard Street. Resolution 2003-094 approved the proposed district boundary map, Resolution 2003-095 declared the intent to form Assessment District No. 2002-1, ordered the installation of certain improvements on Quintard Street, approved the Preliminary Assessment Engineer's Report, set the public hearing for May 6,2003, and ordered the initiation of Assessment Ballot proceedings. On May 6, 2003 Council held the public hearing on the Quintard Street sidewalk improvements. There was no public testimony, so the hearing was closed and ballots were tabulated. Since all property owners voted in favor of the proposed assessments, Council ordered the installation of improvements in accordance with Chapter 27 of the Improvement Act of 1911. The construction contract was awarded to the lowest bidder, Star Paving, Inc., in the amount of$206,291.50 on July 22, 2003 by Resolution 2003-305. Star Paving, Inc. completed the construction of improvements. A final inspection was made and all work was found to be completed in accordance with the contract plans and specifications and to the satisfaction of the City Engineer. Staff has now received, and the City has paid, all the contractual invoices for this project The amount paid to the contractor was $201,723.91. This reduction of $4,567.59 was due to an adjustment in contract quantities, This project was accepted by the City Manager on June 8, 2004.Staffhas completed the accounting of the expenditures and apportionment to property owners, as shown in the Engineer's Report (Attachment B), This document amends the Preliminary Engineer's Report adopted by Council on March 4, 2003. The original estimate of $67,972.00 was reduced due to the lower bid amount Since the amounts now allocated to the property owners based on actual construction costs (totaling $44,998.76) are less than the amounts originally included on the homeowners' ballots (totaling $67,972.00), an additional assessment ballot proceeding will not be required, The following amounts will be assessed to each property owner. These amounts are based only on construction costs for the driveway aprons. Address 315 Quintard Street 325 Quintard Street 333 Quintard Street 341 Quintard Street 347 Quintard Street 353 Quintard Street 354 Quintard Street 357 Quintard Street 360 Quintard Street 364 Quintard Street 365 Quintard Street 366 Quintard Street 369 Quintard Street 372 Quintard Street 374 Quintard Street 385 Quintard Street 392 Quintard Street TOTAL Parcel Number 623-050-13-00 632-050-01-00 623-040-09-00 623-040-16-00 623-040-06-00 623-040-05-00 619-290-55-00 623-040-03-00 619-290-86-00 619-290-87-00 623-040-02-00 619-290-52-00 623-040-02-00 619-290-51-00 619-290-50-00 623-040-01-00 619-290-49-00 Preliminary Assessment $3,768,00 $3,928,00 $3,224.00 $5.764,00 $3,516.00 $3,352,00 $6,480,00 $3,720,00 $5,944.00 $3,148,00 $3,352.00 $2,044,00 $3,864,00 $2,044,00 $3,352.00 $6,704.00 $3.768,00 $67,972.00 16-2 Final Assessment $2,667,50 $3,124,00 $2,304,50 $4,019.13 $2,596,00 $2,304,50 $4,545.75 $2,836,63 $4,260.25 $2,208,25 $2,527.25 $1,432,75 $2,524.50 $1,432.75 $2,348.50 $1,028,50 $2.838,00 $44,998.76 Page 3, Item ~ Meeting Date 1/25/05 Notices were sent to the property owners who will be assessed and published at least 15 days in advance of the public hearing in accordance with Article XIIID of the California Constitution, Property owners have until January 24,2005 to file a written appeal with the City should they wish to do so, Such appeal may relate to the performance of the work in accordance with the contract or the correctness of the assessment or diagram. Following Council adoption of tonight's proposed resolutions on Quintard Street, the property owners will have the option of paying any portion of the assessments during the 30-day payoff period following acceptance of improvements and confIrmation of assessments. If assessments are not fully paid during that time, the property owners may pay the unpaid balance over a maximum period often years, with interest on the unpaid principal at a maximum rate of 5 percent per year. The payoff period is anticipated to commence on January 26, 2005, after the fInal district boundary map is recorded and Notices of Assessment are mailed to property owners. After the end of the payoff period on February 25,2005, the City will commence billing property owners for the fIrst annual installment. The due date of the first insta1Iment will be March 2005. Due to the limited number of properties involved, City staff plans to bill the property owners in-house rather than placing the installments on the tax roll. FISCAL IMPACT: A total of$450,832 was appropriated for planning and design work ITom the Gas Tax fund, Community Development Block Grant, Residential Construction Tax, and Transportation Development Act funds for the construction of missing sidewalk improvements, utility underground conversion, and pavement reconstruction along Quintard Street, between Third and Fourth Avenues. A total of$44,998.76 shall be the property owner's share (concrete driveway aprons) of the total construction cost. The amount of$44,998.76 is expected to be repaid to the City by property owners within 30 days (ITom January 26,2005 through February 25,2005), or over a ten-year period at 5 percent interest. Attachments: A Resolutions 2003-093, 2003-094, 2003-095, 2003-096, 2003-178, 2003-179, 2003-305 B. Engineer's Report C. Resolutions 2004-395 and 2004-396 J:\General Services\GS Adrninistration\Council Agenda\Quintard St Assessment\Quintard Street PH Al 13.jcm.doc 16-3 ATTACHMENT A 16-4 RESOLUTION NO. 2003-093 RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF CHUlA VISTA ACCEPTING A PE1TI10N REQUESTING TIlE FORMATION OF AN ASSESSMENT DISTRICf TO INCLUDE A PORTION OF QUINTARD STREET FOR TIlE PURPOSE OF FINANCING TIIE CONSTRUCTION OF STREET IMPROVEMENTS WHEREAS, the City Council of the City of Chula Vista, California, has been presented and has received a petition from certain property owners requesting the installation of certain improvements, including curb, gutter, sidewalk and street improvements on Quintard Street between Third and Fourth Avenues, together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of Chapter 27 of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California; and WHEREAS, such petition requests that such improvements be financed through the formation of an assessment district pursuant to the provisions of Chapter 27, such assessment district to be known and designated as Assessment District No. 2002-1 (Quintard Street) (the "Assessment District'). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. It is hereby found that: A. Such petition has been signed by the owners owning land constituting more than sixty percent (60%) of (i) the front footage of the unimproved portion of the block requested by such owners to be improved and (ii) all assessable land proposed to be included within the boundaries of the Assessment District. B. Such petition meets all of the requirements of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," being Division 4 of the Streets and HighwayS Code öf the State of Cillfornia (the "Invé:Štîgafions Act). SECTION 3. No further proceedings or limitations under the Investigations Act shall be applicable to these proceedings. SECTION 4. This petition shall be as a part of the record of these proceedings and shall be open to public inspection as required by law. 16-5 Resolution 2003-093 Page 2 Presented by Approved as to form by ~¡¿~ . Swanson En eering Director 0-~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chu1a Vista, California, this 4th day of March, 2003, by the following vote: AYES: CounciImembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Counci1members: None ABSENT: Councilmembers: None ATTEST: Æ~?vi- - ~ð...u~Ç(. Ii ~. Susan Bigelow, City CleEk' - STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITYOFCHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, C.alifomh, do hereby certify that the foregoing Resolution No. 2003-093 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 March, 2003. Executed this 4th day of March, 2003. - ev...LL.03.:<r~ Susan Bigelow, City Clefl( 16-6 RESOLUTION NO. 2003-094 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICf NO. 2002-1 (QUINTARD STREE1) WHEREAS, the City Council of the City Of Chula Vista, California, has been presented and has received a map showing and describing the boundaries of the area proposed to be assessed in an assessment district under the provisions and authority of Chapter 27 of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California; said assessment district known and designated as Assessment District No. 2002-1 (Quintard Street) (the "Assessment District"). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. A map showing the boundaries of the proposed Assessment District and lands and property to be assessed to pay the costs and expenses of the proposed acquisition of certain public improvements designated as "Proposed Boundaries of Assessment District No. 2002-1 (Quintard Street)" is hereby submitted, and the same is hereby approved and adopted. SECTION 3. The original map of the boundaries of the proposed Assessment District and one copy thereof is to be fIled in the office of the City Clerk. SECTION 4. A certificate shall be endorsed on the original and on at least one copy of the map of the Assessment District, evidencing the date and adoption of this resolution, and within fifteen (15) days after the adoption of the resolution fixing the time and place of hearing on the formation or extent of the Assessment District, a copy of such map shall be filed with the correct and proper endorseJ1lents thereon with the County Recorder, all in the manner and form provided in Section 3111 of the Streets and Highways Code of the State of Califomia. Presented by Approved as to form by ~~~~~ Engmeering Director CA~ Ann Moore City Attorney 16-7 Resolution 2003-094 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of March, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATIEST: Q~L dilla, Mayor ~ .~~ðt)~ Susan Bigelow, City C1H-k STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-094 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chu1a Vista City Council held on the 4th day of March, 2003. Executed this 4th day of March, 2003. - ·~.:1.-..I-~f(;....lLc-~ Susan Bigelow, City Clerlt-' 16-8 RESOLUTION NO. 2003-095 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUlA VISTA ORDERING THE INSTAUATION OF CERTAIN IMPROVEMENTS ON QUINTARD STREET, APPROVING THE PREUMINARY ASSESSMENT ENGINEER'S REPORT, SETTING THE TIMB AND PlACE FOR A PUBUC HEARING, AND ORDERING THE INITIATION OF BALLOT PROCEEDINGS WHEREAS, the City Council (the "City Council) of the City of Chula Vista (the "City"), California, has been presented and has received a petition from certain property owners requesting the installation of certain improvements, including curb, gutter, sidewalk and street improvements on Quintard Street between Third and Fourth Avenues, together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of Chapter 27 ("Chapter 27")of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code ofthe State of California; and WHEREAS, the City Council, acting in response to such petition, desires to initiate proceedings to order the installation of such sidewalk improvements pursuant to the provisions of Chapter 27 and to initiate proceedings pursuant to the provisions of Chapter 27, Article XIIID of the Constitution of the State of California ("Article XIIID'1 and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act'1 (Chapter 27, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law'') to form an assessment district for the purpose of fmancing the cost of the installation of certain of those improvements, such assessment district to be known and designated as Assessment District No. 2002-1 (Quintard Street) (the "Assessment District''); and WHEREAS, there has been prepared and filed with this legislative body a report (the "Report'') of the City Engineer, acting as the Assessment Engineer, pertaining to the proposed Assessment District as provided for in and required by the Assessment Law and the Report has been presented to this legislative body for its consideration. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Description of Improvements. The public interest and convenience requires, and this City Council hereby orders the installation of the following public improvements (the "Improvements": Curb, gutter, sidewalk and street improvements on Quintard Street between Third and Fourth Avenues, together with appurtenances and appurtenant work in connection therewith. SECTION 3. Plans and Specifications. All of the Improvements shall be generally constructed at the grades, along the lines, between the points, and at the places and in the manner as shown on the plans and specifications for such Improvements designated by the name and number of the Assessment District which are on file in the office of the Director of Public 16-9 Resolution 2003-095 Page 2 Works. For all particulars as to the alignment of the Improvements and a full and detailed description of such improvements, referenced is hereby made to such plans and specifications. SECTION 4. Area of Special Benefit. In the opinion of this City Council, certain of the Improvements, namely the curb, gutter and sidewalks, will be of general benefit to properties located both within and outside the proposed Assessment District. The driveway aprons, however, will be of special benefit to the abutting and fronting properties. It is the intention of this City Council to make the expenses of the construction of such driveway aprons assessable upon such properties witlùn the proposed boundaries of the Assessment District. For a general description of the Assessment District and area of special benefit, reference is made to the map of the boundaries of the Assessment District identified as ''Proposed Boundaries of Assessment District No. 2002-1 (Quintard Street)". A copy of such map is on file in the office of the Director of Public Works and open to public inspection during normal office hours of such department. It is the further intention of tlùs City Council that the cost of the construction of the Improvements representing the general benefit to be conferred by such Improvements shall be paid for by a contribution from the City. SECTION 5. Construction of the Improvements. This City Council hereby orders the Superintendent of Streets to cause the construction of the Improvements. The Superintendent of Streets shall first give notice pursuant to the provisions of Chapter 27 to the owners of properties served by driveway aprons of their right to construct such driveway aprons and thereby avoid the levy of an assessment to finance such construction. Such notice shall specify that if the construction of such driveway aprons is not commenced within 60 days after such notice is given and diligently and without interruption prosecuted to completion, the Superintendent of Streets shall cause such construction to be done together with the construction of the remainder of the Improvements. SECTION 6. Authority for Construction. All of the construction proposed shall be done and carried through and financed pursuant to the provisions of Chapter 27. SECTION 7. Approval of the Report. The Report referred to herein above is adopted, passed upon, and preliminarily approved, and contains the following: A. A description of the Improvements to be constructed; B. The plans and specifications for the Improvements proposed to be constructed; C. The Assessment Engineer's estimate of the itemized and total costs and expenses of th~ construction uf the Improvements and of the incidental expenses in connection therewith contained in the Report. Such estimate shall include (a) that portion of such costs and expenses representing the general benefit to be conferred by such Improvements and (b) that portion of such costs and expenses representing the special benefit to be conferred by such the driveway aprons on those parcels within the Assessment District to be served by such driveway aprons; D. The diagram showing the Assessment District and the boundaries and dimensions of the respective subdivisions of land within such Assessment District, as the same existed at the time of the passage of this resolution, each of which subdivisions have been given a separate nWTIber upon such diagram, as contained in the Report; and E. The proposed assessment upon the several subdivisions of land in the Assessment District, in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by the driveway aprons to be constructed, and of the 16-10 Resolution 2003-095 Page 3 incidental expenses thereof, as contained in the Report if such driveway aprons are not constructed by such property owners. The Report shall stand as the Report of the Assessment Engineer for the purpose of all subsequent proceedings had pursuant to the Assessment Law, SECTION 8. Notice of Public Hearing. Notice is hereby given that a public hearing to consider protests to the proposed assessments is hereby scheduled to be held at the City Council meeting room of the City of Chula Vista located at 276 Fourth Avenue, Chula Vista, Califomia on May 6, 2003 at 4:00 pm. As such public hearing, the City Council will hear and pass upon objections or protests, if any, which may be raised orally or in writing by any property owner or any other interested person. In addition, pursuant to the provisions of the Assessment Law, each record owner of property proposed to be assessed has the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to tbe record owner of each parcel located within the Assessment District and subject to a proposed assessment. Each such owner may complete such assessment ballot and thereby indicate their support for or opposition to the proposed assessment. AIl such assessment ballots must be received by the City Clerk at the following address at or before the time set for the close of the public hearing: City Clerk, City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 An assessment ballot received after the close of the public hearing will not be tabulated even though the postmark on the envelope transmitting the assessment ballot is dated on or before the date of the public hearing. At the conclusion of the public hearing, the City Council shall cause the final tabulation of the assessment ballots timely received. If a majority protest exists, the City Council shall not impose an assessment within the Assessment District. A majority protest exists if, upon tbe conclusion of the public bearing, assessment ballots submitted in opposition to the assessments within the Assessment District exceed the assessment ballots submitted in favor of such assessments. in tabulating the assessment ballots, the assessment ballots shall be weighted according to the proportional financial obligation of the affected property. SECTION 9. Order to Provide Notice. The City Clerk is hereby directed to mail or cause to be mailed notice of the public hearing and the adoption of this and of the filing of the Report, together with the assessment ballot materials, to the record owner of all real property proposed to be assessed. 16-11 Resolution 2003-095 Page 4 Presented by Approved as to form by ~;#¿~q En~; Director 0---~~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, Califomia, this 4th day of March, 2003, by the following vote: AYES: Counci1members: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ~r£~ - ~ 11-< ~ J C'>.----- Susan Bigelow, Cit}.;C1e~IF STA1E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHUlA VISTA ) 1, Susan Bigelow, City Clerk of Chub Vista, California, do hereby certify that the fOîegoÍug Resolution No. 2003-095 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chu1a Vista City Council held on the 4th day of March, 2003. Executed this 4th day of March, 2003. - t.u..:t-W~cf:~ Susan Bigelow, City Clerk 16-12 RESOLUTION NO. 2003-096 RESOLUTION OF TIm CITY COUNCIL OF THE CITY OF CHUlA VISTA TRANSFERRING $55,000 FROM CAPITAL IMPROVEMENT PROJECT DR-127 TO STL-285 (QUINTARD STREET) TO FINANCE PRECONSTRUCTION COSTS WHEREAS, the Quintard Street project consists of construction of curb, gutter, sidewalk and driveway aprons, resurfacing and widening of the existing asphalt pavement, and installation of mailboxes and streetlights along Quintard Street between Third and Fourth Avenues; and WHEREAS, the total cost of this project is estimated to be $329,882, including $309,882 for design and construction and $20,000 for planning; and WHEREAS, it is necessary to transfer $55,000 in order to finance preconstruction costs such as planning, design and surveying; and WHEREAS, it is estimated that property owners will repay $67,976 of the cost of the project. NOW, TImREFORE, BE IT RESOLVED that the City Council of City of Chula Vista does hereby transfer $55,000 ITom Capital Improvement Project DR-127 (Drainage Improvements - Tobias Drive/ Glenhaven Way), to the new Capital Improvement Project STL-285 (Quintard Street) to finance preconstruction costs. Presented by Approved as to form by ~·W~~ wanson En ring Director CA.~ Ann Moore City Attorney 16-13 Resolution 2003-096 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of March, 2003, by the following vote: AYES: Counci1members: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ~~;JjL ~ð-Ll~ <xJ r\ Susan Bigelow, City Clerk' ~ STATE OF CALIFORNIA ) COUNTY OF SAN DŒGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-096 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chu1a Vista City Council held on the 4th day of March, 2003. Executed this 4th day of March, 2003. ~~~~ Susan Bigelow, City Clerk ,~"- 16-14 RESOLUTION NO. 2003-178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHUlA VISTA DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR ASSESSMENT DISTRICT 2002-1 (QUlNTARD STREE1) AND MAKING FINDINGS PURSUANT TO CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911 AND ARTICLE XIllD OF THE CONSTITUTION OF THE STATE OF CAllFORNlA WHEREAS, the City Council (the "City Council") of the City of Chula Vista (the "City''), California, has received a petition from certain property owners requesting the installation of certain improvements, including curb, gutter, sidewalk and street improvements and driveway aprons on Quintard Street between Third and Fourth Avenues (the "Improvements''), together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of Chapter 27 ("Chapter 27'') of the ''Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California; and WHEREAS, this City Council, acting in response to such petition, initiated proceedings to order the installation of the driveway aprons included among the Improvements pursuant to the provisions of Chapter 27 and to initiate proceedings pursuant to the provisions of Chapter 27, Article XIIID of the Constitution of the State of California ("Article XIIID'') and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act'') (Chapter 27, Article XllID and the Implementation Act may be referred to collectively herein as the "Assessment Law") to form an assessment district for the purpose of financing the cost of installation of such driveway aprons, such assessment district to be known and designated as Assessment District No. 2002-1 (Quintard Street) (the "Assessment District''); and WHEREAS, a report of the Assessment Engineer (the "Preliminary Assessment Engineer's Report''), required by the Assessment Law was previously presented, considered and preliminarily approved; and WHEREAS, the Preliminary Assessment Engineer's Report, as preliminarily approved, was prepared and contained all the'matters and iMUs called for pursuant to the provisions of the Assessment Law, including the fOllowing: A. Plans and specifications of the driveway aprons; B. An estimate of the cost of the construction of the driveway aprons, including the cost of the incidental expenses, in connection therewith, including that portion of such costs and expenses representing the special benefit to be conferred by such driveway aprons on the parcels within the Assessment District; C. A diagram showing the Assessment District, which also shows the boundaries and dimensions of the respective subdivisions of land within such Assessment District, with each of which subdivisions given a separate number upon such diagram; D~ The proposed assessment of the assessable costs and expenses of the construction of the driveway aprons upon the several divisions of land in the Assessment District in 16-15 Resolution 2003-178 Page 2 proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by such driveway aprons. Such assessment refers to such subdivisions upon such diagram by the respective numbers thereof; and E. A description of the Improvements including the driveway aprons. WHEREAS, notices of such hearing accompanied by assessment ballot materials were regularly mailed in the time, form and manner required by the Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, a full hearing has been given, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated, all in the manner provided by the Assessment Law; and 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 the Assessment Law exceed the assessment ballots received in opposition to the assessment and similarly weighted and, therefore, a majority protest pursuant to the Assessment Law does not exist. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. ASSESSMENT BALLOT TABUlATION. The assessment ballots submitted pursuant to the Assessment Law in favor of the proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots submitted in opposition to such proposed assessment and similarly weighted and it is therefore detennined that a majority protest pursuant to Assessment Law to the levy of the proposed assessments does not exist. SECTION 3. SPECIAL BENEFITS RECEIVED. Based upon the Preliminary 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 to be assessed receive a special benefit from the driveway aprons; 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 consttuction df the driveway aprons; 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 parcel from the driveway aprons; D. Only special benefits have been assessed; and E. There are no parcels which are owned or used by any agency as such term is defined in Article XIIID, the State of California or the United States that specially benefit from the driveway aprons. SECITON 4. FINAL ASSESSMENT ENGINEER'S REPORT. Upon the completion of the construction of the driveway aprons, the Superintendent of Streets is ordered to prepare and file with this City Council a Final Assessment Engineer's Report that shall contain all of the . 16-16 Resolution 2003-178 Page 3 information contained in the Preliminary Engineer's Report modified to reflect the actual cost of construction of the driveway aprons. SECTION S. NOTICE OF COST OF CONSTRUCTION. Upon the completion of the construction of the driveway aprons and the preparation of the Final Assessment Engineer's Report, the Superintendent of Streets shall cause notice of the cost of the construction of the Driveway aprons to be given in the manner specified in Chapter 27. Such notice shall specify the time and place when this City Council will hear and pass upon the Final Assessment Engineer's Report, together with any protests or objections, if any, which may be raised by any property owner liable to be assessed for the cost of such construction and other interested persons. SECTION 6. PUBUC HEARING. At the time and place of the public hearing, this City Council will hear and pass upon the Final Assessment Engineer's Report, together with any protests or objections, if any, which may be raised by any property owner liable to be assessed for the cost of such construction and other interested persons. Upon the conclusion of such public hearing, this City Council may make such revision, corrections or modifications in the Final Engineer's Report as it may deem just; provided, however, this City Council may not increase the assessment proposed to be levied on any parcel above the amount proposed in the Preliminary Assessment Engineer's Report (the "Preliminary Assessment") without first providing the opportunity for the owner or owners of any parcel for which the assessment is proposed to be increased to express such owner or owners support for or opposition to such increase in assessment through an assessment ballot proceeding undertaken pursuant to the Assessment Law. No Preliminary Assessments may be increased if, following such assessment ballot proceeding, this City Council determines that a majority protest to such increase is found to exist. Presented by Approved as to form by . - hÞ:~ ~Cli Swanson Engi eering Director ~~ Ann Moore City Attorney 16-17 Resolution 2003-178 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of May, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Council members: None ABSENT: Councilmembers: None A1TEST: ,~/). (¡J. ~'y, ð ()>-- Susan Bigelow, City C1erJ¡¡J STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-178 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Ccuncil held on the 6th day of May, 2003. Executed this 6th day of May, 2003. ... -- ~~."-r.) -===="Y1..1 1 ¿t J.. I~\/. Ii ~ Susan Bigelow, City Clerk Ö 16-18 RESOLUTION NO. 2003-179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $174,882 FROM CAPITAL IMPROVEMENT PROJECf STL-267 AND $100,000 FROM DR-127 TO STL-285 (QUlNTARD STREET) TO FINANCE CONSTRUCTION COSTS WHEREAS, on March 4, 2003 the City Council adopted Resolution Nos. 2003-093, 2003-094, 2003-095 and 2003-096 which accept the petition, approve the proposed boundary map and preliminary Assessment Engineer's Report, appropriated $55,000 to finance preconstruction costs; and WHEREAS, this City Council, acting in response to such petition, initiated proceedings to order the installation of the driveway aprons included among the Improvements pursuant to the provisions of Chapter 27 and to initiate proceedings pursuant to the provisions of Chapter 27, Article XIIID of the Constitution of the State of California ("Article XIIID'') and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act'') (Chapter 27, Article XlIID and the Implementation Act may be referred to collectively herein as the "Assessment Law'') to fonn an assessment district for the purpose of fmancing the cost of installation of such driveway aprons, such assessment district to be known and designated as Assessment District No. 2002-1 (Quintard Street) (the "Assessment District''); and WHEREAS, notices of such hearing accompanied by assessment ballot materials were regularly mailed in the time, fonn and manner required by the Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, a full hearing has been given, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated, all in the manner provided by the Assessment Law; and WHEREAS, at this time this City Council detennines that the assessment ballots received by the City in favor of the proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots received in opposition to the assessment and similarly weighted and, therefore, a majority protest pursuant to the Assessment Law does not exist. NOW, THEREFORE, BE IT RESOLVED that th<: City Council of the City of ChuIa Vista does hereby approve the resolutions making findings at the public hearing pursuant to Chapter 27 of the Improvement Act 1911 ("the Block Act") and transferring $274,882 to STL-285 to finance construction costs. Presented by Approved as to fonn by a.z//~kÁf7.b/f7/ ~Šwanson Engineering Director V-~~ Ann Moore City Attorney 16-19 Resolution 2003-179 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chu1a Vista, California, this 6th day of May, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ¿~~ ATI'EST: - .c:=:=ù.I1LJ. =ï~v.<- ð (ì. Susan Bigelow, City C1erß STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-179 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of May, 2003. Executed this 6th day of May, 2003. ~~~i~~2~ cì;l((A-12·P' ...~ 16-20 RESOLUTION NO. 2003-305 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE QUlNTARD STREET IMPROVEMENTS, BETWEEN ORANGE AVENUE AND THIRD AVENUE IN THE CITY OF CHUIA VISTA (FROmCf STL-285), AND TRANSFERRING FUNDS FOR PROmCf CONSTRUCTION WHEREAS, on Wednesday, June 11, 2003, the Director of Engineering received the folowing eleven sealed bids for the Quintard Street improvements, between Orange Avenue and Third Avenue in Chula Vista (Project STL-285): CONTRAcrOR 1. Star Paving, Inc., San Diego, California 2. Scheidel Contracting & Engineering, Inc. La Mesa, CA 3. MJ.C. Construction, Chu1a Vista, CA 4. lITA Construction, La Mesa, CA 5. SRM Contracting & Paving, San Diego, CA. 6. J.D. Paving, Inc., San Marcos, CA 7. Heffler Company, Inc., National City, CA 8. ABC Construction Co., Inc. San Diego, CA 9. Hanson SJH Construction, San Diego, CA 10. Tn-Group Construction, Poway, CA 11. T.B. Penick & Sons, Inc. San Diego, CA BID AMOUNT $206,291.50 $229,376.25 $233,654.00 $246,865.00 $249,409.50 $262,543.38 $265,612.15 $273,942.92 $281,820.07 $308,172.00 $452,833.16 WHEREAS, the total low bid from Star Paving, Inc., is $49,488.50 (19%) below the Er.gineer's estimate of $255,780.00; and WHEREAS, Engineering staff checked the references that the contractor submitted and their work has been satisfactory; and WHEREAS, Star Paving, Inc. has also completed several Capital Improvement Program (CIP) projects for the City with satisfactory results; and WHEREAS, staff has reviewed the low bid and is recommending awarding a $206,291.50 contract to Star Paving, Inc: of San Diego, California; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 1 categorical ;exemption pursuant to Section 15301 of the State 16-21 Resolution 2003-305 Page 2 California Environmental Quality Act (CEQA) Guidelines; thus, no further environmental review is necessary; and WHEREAS, the contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women-owned business requirements were necessary as part of the bid documents. However, the "Notice to Contractors" was sent to various trade publications in order to encourage disadvantaged businesses to bid on the project; and WHEREAS, funding for this project includes $155,000 in Community Development Block Grant (CDBG) funds, which stipulates prevailing wade construction labor; and WHEREAS, $35,738 in CDBG funds have already been expended to date for allowable staff and design costs related to the Quintard Street project; and WHEREAS, to avoid the expense and delay of having to re-bid the project with a prevailing wage requirement, staff suggests that the CDBG funds from the Quintard Street project (STL-285) be transferred to another project (STM-354) and replaced with Residential Construction Tax funds (ReI) transferred from that project. NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista does hereby accept the bids and award the contract in the amount of $206,291.50 to Star Paving, Inc. of San Diego, OIlifomia for the Quintard Street improvements, between Orange Avenue and Third Avenue in the City of Chu1a Vista (project STL-285); and BE IT FURTHER RESOLVED that $119,262 in Ref funds shall be transferred from the North Broadway Basin Reconstruction project (STM-354) into project STL-285; and $119,262 CDBG funds shall be transferred from project STL-285 into the North Broadway Basin Reconstruction project. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said contract on behalf of the City of Chu1a Vista. Presented by Approved as to fonn by ~~~ Engt!ei~~~~f;or CÀ ~Çh. SL Ann Moore City Attorney 16-22 Resolution 2003-305 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of July, 2003, by the following vote: AYES: Councilrnembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ~JiL A':TEST: A.1f1J< ... ¡:, rIoNv.A:, Donna Norris, Assis~: City Clerk S':"'ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-305 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of July, 2003. Executed this 22nd day of July, 2003. Jh.4 ~ ;j{MAA'.I Donna Norris, ASslStant City Clerk 16-23 RESO # 2003-305 PROJECT # STL-285 ï'.r- n"1 H'[\j"'¡ ~"'i· TI !1'I-' P'I"illl ;\..i[~1"! ¡J1t ur..lIJ LHL Ur InlJ !.UUJI'iLi~! WAS RECORDED ON JUN 08~ 2004 DOCUMENT NUMBER 2004-0534138 G~íiJURY ,]. SMITH, COUNTY RECOF~DEF~ :3Mi DIEGO COUNTY REGDRDEi(S OFFIll mE: 12:48 Pr! WHEN RECORDED MAIL TO: City of Chu1a Vista City Clerk 276 Fourth Avenue Chula Vista, CA 91910 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: I. The undersigned is OWNER or agent of the OWNER of the interest or esæte stated below in the property hereinafter described, 2, The FULL NAME of the OWNER is The City of Chula Vista 3. The FULL ADDRESSS of the OWNER is 276 Fourth Avenue, Chula Vista, CA 91910 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee, 'IN FEE' (If other than fee, strike "in fee" and insert, for example, "purchaser under contract of purchase, ~ or "lessee.") 5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: NAMES ADDRESSES NONE 6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the conunencement of the work of improvement herein referred to: NAMES ADDRESSES NONE 7, A work of improvement on the property hereinafter described was COMPLETED June 2, 2004 8. The work of improvement completed is described as follows: Quinærd Street Improvements from Orange Ave, to Third Ave. in the City of Chura Visæ, CA The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Star Paving 9, 10. 11. The street address of said property is Quintard Street from Orange Ave. to Third Ave. ithe City of ChuIa Vista, CA The property on which said work of improvement was completed is in the City of CHULA VISTA, County of SAN DIEGO, State of California, and is described as follows: (continued on reverse side) 16-24 FOml1054 (1194) Page 1 ofZ REQUEST FOR NOTICE OF COMPLETION Date: , /?~c_/ tÇ/í (~ . To: , Senior Office Specialist Via: Mun/thb~rt, Civil Engineer ;- &-24:4 ~¿S.J£1Ez. From: ! . , Public Works Inspector Project No.: ~. (;J0·~f174.JSi~ ~(h2.0t/¿E"'(IEV7T ,. ;~4 ~¿;¿: 4:=-./ù 7H.r2.J 4Æ t'~ /hE. 07'7 ù=- crh'v<4 ¡.(.&4 S7L' Z3s- RE: Project Name: éP~4~ ; Please prepare and file a Notice of Completion with the County Recorder. The above referenced project was completed on r~^,- ~(h ¿I'-(Ioy Muna Cuthbert (date) Civil Engineer The Notice of Completion was filed on: b/g/oy I 15e.<JYÌz [~frJ" Senior Office Specialist (H:HOMEIENGRIINSPECflFORMSIREQUEST NOCDOC) 16-25 Updated 5/27/2004 ATTACHMENTB 16-26 ENGINEER'S REPORT QUINTARD STREET SIDEWALK IMPROVEMENTS 1911 ACT ASSESSMENT DISTRICT AD 2002~ 1 JANUARY 13, 2005 16-27 Quintard Street Assessment District AD 2002-1 January 13, 2005 Back!!round Quintard Street between Third and Fourth Avenues in Chula Vista is a residential street with an 80-foot width of right-of-way. It connects at a diagonal to Orange Avenue near its intersection to Fourth A venue. The South Chula Vista Library is located at this intersection. Existing improvements generally consist of asphalt concrete pavement with gravel shoulders. There are full street improvements (curb, gutter and sidewalk) at 1388 El Lugar Street (at Quintard Street) and adjacent to all properties on the north side of Quintard between El Lugar and Third Avenue. Additionally, two properties on the south side of Quintard Street, 317 Quintard and 1408 Third Avenue, have full improvements. In December 2001 sixteen Quintard Street property owners submitted a petition to the City requesting the initiation of proceedings to form an assessment district in accordance with the Improvement Act of 1911. This district would finance the construction of the missing curb, gutter and sidewalk and other street improvements on the north and south sides of Quintard Street The City currently has a policy regarding participation in 1911 Block Act proceedings. According to this policy, the City will provide all engineering, inspection, and administrative services at no cost to the property owners. It is the City's responsibility to relocate or replace all existing public improvements, which would be in conflict with the new improvements, including utilities, Additionally, due to the use of Quintard Street as an access road to the South Chu1a Vista Library, the City has decided to pay for costs associated with construction of the additional shoulder and the curb, gutter and sidewalk. These costs would not be assessed to the property owners. 2 16-28 Quintard Street Assessment District AD 2002-1 Overall Desi!!n and Cost Estimate January 13, 2005 The project area and general location of improvements are shown on the Assessment Diagram for Assessment District 2002-1, Quintard Street. The properties, which will benefit ITom these improvements and would be a part of the district are as follows: Address 315 Quintard Street 325 Quintard Street 333 Quintard Street 341 Quintard Street 347 Quintard Street 353 Quintard Street 354 Quintard Street 357 Quintard Street 360 Quintard Street 364 Quintard Street 365 Quintard Street 366 Quintard Street 369 Quintard Street 372 Quintard Street 374 Quintard Street 385 Quintard Street 392 Quintard Street Parcel Number 623-050-13-00 632-050-01-00 623-040-09-00 623 -040-16-00 623-040-06-00 623-040-05-00 619-290-55-00 623-040-03-00 619-290-86-00 619-290-87-00 623-040-02-00 619-290-52-00 623-040-02-00 619-290-51-00 619-290-50-00 623-040-01-00 619-290-49-00 The improvements included within this district consist ofthe reconstruction of the asphalt concrete pavement section, construction of monolithic curb, gutter and sidewalk, and installation of streetlights and new mailboxes. The five-foot wide sidewalk was constructed to match the existing sidewalk at the intersection of Quintard Street and Orange Avenue, Where driveways were located, a driveway apron was constructed to provide a transition between the street, the sidewalk and the driveways. In addition to the street and sidewalk improvements, the City had coordinated with the utility companies tor the underground relocation of al1 overhead utilities along Quintard Street. This work was conducted prior to the construction of street improvements. The total estimated construction cost was $239,882, including the City's share, The lowest bid for this project was $206,291.50, as shown on Table L The amount allocated to the property owners was estimated at $67,976, which included only the cost of constructing the driveway aprons. 3 16-29 Quintard Street Assessment District AD 2002-1 January 13, 2005 Method of Apportionment Costs must be apportioned to each property in proportion to the benefit received by that property. In apportioning the cost of street improvements, it can generally be assumed that the property adjacent to the improvements will receive the direct benefit. The adjacent properties would be most likely to use the improvements, particularly with respect to the driveway aprons. Additionally, construction of street and sidewalk improvements generally results in increased property values for the adjacent residences. For this project, the City agreed that the sidewalks and street improvements should be financed by the City due to the use of the street and sidewalk as a general public route to the South Chu1a Vista Library. It is generally the City's policy to pay for replacement of existing improvements and City staff costs related to planning, design, surveying and construction inspection. Therefore, the only cost that was to be paid by the property owners is the cost of constructing the driveway aprons. This is Item #5 on the cost estimate, 6" PCC Driveways, and has a total estimated cost of$67,976. Only those properties, which would benefit ITom the new driveway aprons ITonting Quintard Street were included in the assessment district. Thus 398 Quintard Street, which has direct access to Fourth Avenue, was excluded. Similarly, 394 and 396 Quintard Street were excluded from the district because field inspections indicated that these residents were crossing a gravel area adjacent to Orange Avenue. The cost for driveways used by two properties was split between these properties. The most unusual situation pertains to the property at 364 Quintard (APN 619-290-87-00), which does not ITont Quintard Street. However, access to this parcel is provided by a long driveway to the west side of the property at 360 Quintard (APN 619-290-86-00). Therefore, a portion of the driveway apron at this location was allocated to 364 Quintard based on the width of the asphalt driveway. The breakdown of construction costs among the seventeen properties within the district is shown on Table 2. For each property, the square footage of driveway apron was individually calculated. The calculation was broken into two parts: the actual driveway and the wing area on each side of the driveway, which provides a transition between the driveway and the siûewa1k. 4 16-30 Quintard Street Assessment District AD 2002-1 January 13, 2005 The amounts to be assessed to the property owners based on the final construction costs can thus be compared to the amounts estimated in the Preliminary Engineer's Report as follows: Address 315 Quintard Street 325 Quintard Street 333 Quintard Street 341 Quintard Street 347 Quintard Street 353 Quintard Street 354 Quintard Street 357 Quintard Street 360 Quintard Street 364 Quintard Street 365 Quintard Street 366 Quintard Street 369 Quintard Street 372 Quintard Street 374 Quintard Street 385 Quintard Street 392 Quintard Street TOTAL Parcel Number 623-050-13-00 632-050-01-00 623-040-09-00 623-040-16-00 623-040-06-00 623-040-05-00 619-290-55-00 623-040-03-00 619-290-86-00 619-290-87-00 623-040-02-00 619-290-52-00 623-040-02-00 619-290-51-00 619-290-50-00 623-040-01-00 619-290-49-00 Preliminary Assessment $3,768,00 $3,928,00 $3,224,00 $5,764.00 $3,516,00 $3,352,00 $6,480,00 $3,720,00 $5,944,00 $3,148.00 $3,352,00 $2,044.00 $3,864.00 $2,044.00 $3,352,00 $6,704,00 $3.768,00 $67,972.00 Final Assessment $2,667,50 $3,124.00 $2,304.50 $1,626,63 $2,596.00 $2,304,50 $4,545,75 $2,836,63 $4,260,25 $2,208,25 $2,527,25 $1,432,75 $2,524.50 $1,432,75 $2,348.50 $1,028.50 $2.838,00 $42,606.26 The Preliminary Assessment amounts were included on the ballots submitted to the property owners and tallied in accordance with Article XIIID of the California Constitution. 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Ii:' 0-g e eø ~ ~ ~LL..U O¡(~ ~:¡§~~ LL..;:;~ 'I:O-f- !"2 (I g "È: - :; -§ g CD E 'õ "'ã õ æ ~ Õ .f t) ,g -e ¡ ã8 ~c-g!:~ü'šæ c~c:c )!"'Öc('¡ -~;, 15:;:;1 -oO·(1I('IJ<v.,g c.. .QCII.2a g....,g-5áš8':: 1>111.2:::0» O..c:;..c:;]!W ,¿(¡j........~ >....(11 E ..... 1ª B~i'i~~·~E '-E" o.E.9 S g ~~ g.Q ~ ~ g~ G)~~ <V¡("12U;~;';: o.,g("!¡!!<vt=:8wlI) ij)<v-æjO~l!~ 0: lJJ C( U c.. (0 LL.. LL U c.. 'It: f- c:: c:: c:: z z a:: c c.. f-:::E ~ ~ ~ . ~ N ~ ;': ~ ~ ~ ~ ;!! ... .. --,.._- ,,- ..- ... - .....L..L", .. 16-36 0 , , 0, Í! . . , .. 0 . " 0 ~. .~ B c.!::! I~' " 0';fi ~ ~ , ~ 8 ';fi ~ II i- ,"' I~ '- 1 .... ~ ~ . ::! ::: 88 ~ § § ~I a a" ~- µj I -.. _.1 ATTACHMENT C 16-37 RESOLUTION NO.2004-395 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FJLING OF ENGINEER'S REPORT BY THE CITY ENGINEER ON THE COST OF CONSTRUCTION AND SETIJNG JANUARY 25, 2005 AT 6:00 P.M. AS THE DATE AND TIME OF A PUBLIC HEARING ON ASSESSMENT DISTRICT 2002-01 (QUINTARD STREET) WHEREAS, on July 22, 2002, pursuant to Chapter 27 of the Improvement Act of 1911 (the "Block Act") and Article XHID of the Constitution of California ("Article XIIID"), Council adopted Resolution No. 2003-305 awarding a contract in the amount of $206,291.50 to Star Paving, Inc. of San Diego for the construction of sidewalk improvements on D Street between Third A venue and Landis A venue; and WHEREAS, on March 4, 2003, Council adopted Resolutions 2003-093, 2003-094, and 2003-095; and WHEREAS, Resolution 2003-093 accepted a petition signed by the property owners along Qmntard Street for the formation of an assessment district pursuant to the Block Act to finance the construction of missing sidewalk improvements along Quintard Street; and WHEREAS, Resolution 2003-094 approved the proposed district boundary map; and WHEREAS, Resolution 2003-095 declared the intent to fonn Assessment District No. 2002-1, ordered the installation of certain improvements on Quintard Street, approved the Preliminary Assessment Engineer's Report, set the public hearing for May 6, 2003, and ordered the initiation of Assessment Ballot proceedings; and WHEREAS, on May 6, 2003, Council held a public hearing on the Quintard Street sidewalk improvements wherein Council adopted Resolution No. 2003-178 which ordered the installation of improvements in accordance with Article XIIID of the California Constitution; and WHEREAS, on July 22, 2003, Council adopted Resolution No. 2003-305 awarding the contract for construction of sidewalk improvements on Quintard Street to Star Paving, Inc.; and WHEREAS, staff received a grant for Transportation Development Act (IDA) funding ITom the San Diego Association of Governments (SANDAG), which funds can only be used to finance the construction of sidewalks and design and advertising costs directly related to sidewalk construction; and WHEREAS, staff has completed the accounting of the expenditures and apportionment to property owners as shown in the Engineer's Report. This report amends the Prelimin..ry Engineer's Report adopted by Council on March 4, 2003; and WHEREAS, upon confirmation of the final assessments, property owners will have the option of paying any portion of the assessments during the 30-day payoff period. 16-38 Resolution 2004-395 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the filing of the Engineer's Report on the cost of construction, a copy of which will be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council does hereby set January 25,2005 at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the date and time for the public hearing on Assessment District 2002-1 (Quintard Street). Presented by Approved as to form by ~~~oro, CA~ Ann Moore City Attorney 16-39 Resolution 2004-395 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vis1a, Califomia, this 14th day of December, 2004, by the following vote: AYES: Councilm<!mbers: Castaneda, Davis, McCann, Rindone and Padilla NAYS: CounciImembers: None ABSENT: CounciImembers: ATTEST: -,u I........ ~'~ Susan Bigelow, MMC, City C erk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2004·395 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of December, 2004. Executed this 14th day of December, 2004. :r~&....... ~r' I.~ .J Susan Bigelow, MMC, City Clerk 16-40 RESOLUTION NO. 2004-396 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST AND FINANCING PERlOD APPLIED TO DEFERRALS FOR ASSESSMENT DISTRICT 2002·1 WHEREAS, on July 22, 2003, pursuant to Chapter 27 of the Improvement Act of 1911 (the "Block Act") and Article XIIID of the Constitution of California ("Article XIIID''), Council adopted Resolution No. 2003-305 awarding a contract in the amount of $206,291.50 to Star Paving, Inc. of San Diego for the construction of sidewalk improvements on Quintard Street between Third Avenue and Orange Avenue; and WHEREAS, the work is now complete and improvements have been accepted by the City Manager; and WHEREAS, the City funded a portion of the project cost to construct the sidewalks from a grant received ITom the San Diego Association of Governments (SANDAG) under the Transportation Development Act (IDA); and WHEREAS, the remaining construction cost of $2,950 is to be assessed to the property owners; and WHEREAS, staffhas completed the accounting of the expenditures and apportionment to property owners as shown in the attached Engineer's Report (Exhibit "A"); and WHEREAS, the following amounts will be assessed to each property owner and are based only on construction costs for the driveway aprons: Address Parcel No. Preliminary Assessment Final Assessment 315 Quintard Street 623-050-13~00 $ 3,768.00 $2,667.50 325 Quintard Street 632-050-01-00 $ 3,928.00 $3,124.00 333 Quintard Street 623 -040-09-00 $ 3,224.00 $2,304.50 341 Ouintard Street 623-040-16-00 $ 5,764.00 $1,626.63 347 Quintard Street 623-040-06-00 $ 3,516.00 $2,596.00 353 Quintard Street 623-040-05-00 $ 3,352.00 $2,304.50 354 Quintard Street 619-290-55-00 $ 6,480,00 $4,545.75 357 Quintard Street 623-040-03-00 $ 3,720.00 $2,836.63 360 Quintard Street 619-290-86-00 $ 5,944.00 $1,820.50 364 Quintard Street 619-290-87-00 $ 3,148.00 $2,208.25 365 Quintard Street 623-040-02-00 $ 3,352.00 $2,527.25 366 Quintard Street 619-290-52-00 $ 2,044.00 $1,432.75 369 Quintard Street 623-040-02-00 $ 3,864,00 $2,524.50 372 Ouintard Street 619-290-51-00 $ 2,044.00 $1,432.75 374 Ouintard Street 619-290-50-00 $ 3,352.00 $2,348.50 385 Quintard Street 623-040-01-00 $ 6,704.00 $1,028.50 1 6-41 Resolution 2004-396 Page 2 392 Ouintard Street 619-290-49-00 $ 3,768.00 $2,838.00 TOTAL $67,972.00 $40,166.51 WHEREAS, upon confinnation of the final assessments, property owners will have the option of paying any portion of the assessments during the 30-day payoff period; and WHEREAS, if assessments are not fully paid during the 30-day payoff period, in accordance with section 5895 of the Streets and Highways Code, the City will charge interest at the rate of7% per annum for a period often years; and WHEREAS, property owners may pay the balance of their assessments at any time during the 30-day repayment period without penalty; and WHEREAS, this period will commence following recordation of the final district boundary map and when Notices of Assessment are mailed to property owners. NOW, THEREFORE, BE 1T RESOLVED that the City Council of the City of Chu1a Vista does hereby approve the deferral of assessments aod establishing the rate of interest aod financing period applied to deferrals for Assessment District 2002-1. Presented by Approved as to form by fA.. ~ Ann Moore CityAttomey 16-42 Resolution 2004-396 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of December, 2004, by the following vote: AYES: CounciImembers: Castaneda, Davis, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: CounciJmembers: None ATTEST: ~j¡ C. Padilla, Mayor ~ú I Á . -;- -<"~ 0" Susan Bigelow, MMC, City lerk .) STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chu1a Vista, California, do hereby certify that the foregoing Resolution No. 2004-396 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of December, 2004. Executed this 14th day of December, 2004. -:: ~ lu... Ó u ~ ~...1.ø----J Susan Bigelow, MMC, City erk 16-43 ENGINEER'S REPORT EXHIBIT "A" QUINTARD STREET SIDEWALK IMPROVEMENTS 1911 ACT ASSESSMENT DISTRICT AD 2002-1 , AUGUST 2,2004 - 16-44 Back!!Tound Quintard Street between Third and Fourth Avenues in Chula Vista is a residential street with an SO-foot width of right-of-way, It connects at a diagonal to Orange Avenue near its intersection to Fourth Avenue. The South Chula Vista Library is located at this intersection. Existing improvements generally consist of asphalt concr~e pavement with gravel shoulders. There are fun street improvements (curb, gutter and sidewaJk) at 1388 El Lugar Street (at Quintard Street) and adjacent to all properties on the north side of Quintard between El Lugar and Third Avenue. Additionally, two properties on the south side of Quintard Street, 317 Quintard and 1408 Third Avenue, have full improvements. In December 2001 sixteen Quintard Street property owners submitted a petition to the City requesting the initiation of proceedings to fonn an assessment district in accordance with the Improvement Act of 1911. This district would finance the construction of the missing curb, gutter and sidewa1k and other street improvements on the north and south sides of Quintard Street. The City currently has a policy regarding participation in 1911 Block Act proceedings. According to this policy, the City will provide all engineering, inspection, and administrative services at no cost to the property owners. It is the City's responsibility to relocate or replace all existing public improvements, which would be in conflict with the . new improvements, including utilities. Additionally, due to the use of Quintard Street as an access road to the South Chula Vista Library, the City has decided to pay for costs associated with construction of the additional shoulder and the curb, gutter and sidewalk. These costs would not be assessed to the property owners. 1~-45 Overall Desi2D and Cort Estimate The project area and genera1location of improvements are shown on the Assessment Diagram for Assessment District 2002-1, Quintard Street. The properties, which will benefit ITom these improvements and would be a part of the district are as follows: Address 315 Quintard Street 325 Quintard Street 333 Quintard Street 341 Quintard Street 347 Quintard Street 353 Quintard Street 354 Quintard Street 357 Quintard Street 360 Quintard Street 364 Quintard Street 365 Quintard Street 366 Quintan! Street 369 Quintard Street 372 Quintard Street 374 Quintard Street 385 Quintard Street 392 Quintard Street Parcel Number 623-050-13-00 632-050-01-00 623-040-09-00 623-040-16-00 623-040-06-00 623-040-05-00 619-290-55-00 623-040-03-00 619-290-86-00 619-290-iJ7-oo 623-040-02-00 619-290-52-00 623-040-02-00 619-290-51-00 619-290-50-00 623-040-01-00 619-290-49-00 The improvements included within this district consist of the reconstruction of the asphalt concrete pavement section, construction of monolithic curb, gutter and sidewalk, and installation of streetlights and new mailboxes. The five-foot wide sidewalk was constructed to match the existing sidewalk at the intersection of Quintard Street and Orange Avenue. Where driveways were located, a driveway apron was constructed to provide a transition between the street, the sidewalk and the driveways. In addition to the street and s:idewalk improvements, the City had coordinated with the utility companies for the underground relocation of all overhead utilities along Quintard Street. This work was conducted prior to the construction of street improvements. The total estimated construction cost was $239,882, including the City's share. The lowest bid for this project was $206,291.50, as shown on Table 1. The amount allocated to the property owners was estimated at $67,976, which included only the cost of constructing the driveway aprons. 16-46 3 Method of ADDortionment Costs must be apportioned to each property in proportion to the benefit received by that property. In apportionmg the cost of street improvements, it can generally be assumed that the property adjacent to the improvements will receive the direct benefit. The adjacent properties would be most likely to use the improvements, particularly with respect to the driveway aprons. Additionally, construction of street and sidewalk improvements generally results in increased property values for the adjacent residences. For this proj ect, the City agreed that the sidewalks and street improvements should be financed by the City due to the use of the street and sidewalk as a general public route to the South Chula Vista Library. It is generally the City's policy to pay for replacement of existing improvements and City staff costs related to planniD.g, design, surveying and construction inspection. Therefore, the only cost that was to be paid by the property owners is the cost of constructing tJ;¡e driveway aprons. This is Item #5 on the cost estimate, 6" PCC Driveways, and has a total estimated cost of $67,976. Only those properties, which would benefit ITom the new driveway aprons ITonting Q¡rintard Street were included in the assessment district. Thus 398 Quintard Street, which has direct access to Fourth Avenue, was excluded. Similarly, 394 and 396 Quintard Street were excluded from the district because field inspections indicated that these residents were crossing a gravel area adjacent to Orange Avenue. The cost for driveways used by two properties was split between these properties. The most unusual situation pertains to the property at 364 Quintard (APN 619-290-87-00), which does not front Quintard Street. However, access to this parcel is provided by a long driveway to the west side of the property at 360 Quintard (APN 619-290-86-00). Therefore, a portion of the driveway apron at this location was allocated to 364 Quintard based on the width of the asphalt driveway. The breakdown of construction costs among the seventeen properties within the district is shown on Table 2. For each property, the square footage of driveway apron was individually calculated. The calculation was lJroken into two parts: the actual driveway and the wing area on each side of the driveway, which provides a transition between the driveway and the sidewalk. \6-47 Quintard Street Assessment District AD 2002-1 January 13, 2005 The amounts to be assessed to the property owners based on the final construction costs can thus be compared to the amounts estimated in the Preliminary Engineer's Report as follows: Address 315 Quintard Street 325 Quintard Street 333 Quintard Street 341 Quintard Street 347 Quintard Street 353 Quintard Street 354 Quintard Street 357 Quintard Street 360 Quintard Street 364 Quintard Street 365 Quintard Street 366 Quintard Street 369 Quintard Street 372 Quintard Street 374 Quintard Street 385 Quintard Street 392 Qu;ntard Street TOTAL Parcel Number 623-050-13-00 632-050-01-00 623-040-09-00 623-040-16-00 623-040-06-00 623-040-05-00 619-290-55-00 623-040-03-00 619-290-86-00 619-290-87-00 623-040-02-00 619-290-52-00 623-040-02-00 619-290-51-00 619-290-50-00 623 -040-0 1-00 619-290-49-00 Preliminary Assessment $3,768.00 $3,928,00 $3,224,00 $5,764.00 $3,516.00 $3,352,00 $6,480,00 $3,720,00 $5,944,00 $3,148,00 $3,352.00 $2,044.00 $3,864,00 $2,044.00 $3,352,00 $6,704,00 $3.768,00 $67,972.00 Final Assessment $2,667.50 $3,124,00 $2,304.50 $4,019.13 $2,596.00 $2,304.50 $4,545.75 $2,836.63 $4,260.25 $2,208.25 $2,527.25 $1,432,75 $2,524.50 $1,432.75 $2,348,50 $1,028.50 $2.838.00 $44,998.76 The Preliminary Assessment amounts were included on the ballots submitted to the property owners and tallied in accordance with Article XIIID of the California Constitution. Since the Final Assessment amounts are all equal to or lower than the Preliminary Assessment amounts, no additional ballot process is necessary. 5 16-48 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONF~ING THE ENGINEER'S REPORT ON THE COST OF CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 2002-1 (QUINTARD STREET) WHEREAS, this City Council of the City of Chula Vista (the "City"), California, previously received a petition from certain property owners requesting the installation of certain sidewalk improvements, together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of Chapter 27 ("Chapter 27") of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California; and WHEREAS, this City Council, acting in response to such petition, initiated proceedings to order the installation of such sidewalk improvements pursuant to the provisions of Chapter 27 and to initiate proceedings pursuant to the provisions of Chapter 27, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (Chapter 27, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law") to form an assessment district for the purpose of financing the cost of installation of such sidewalk improvements, such assessment district to be known and designated as Assessment District No. 2002-1 (Quintard Street) (the "Assessment District"); and WHEREAS, the construction of the improvements has been completed and the improvements have been accepted by the City; and WHEREAS, a report specifying the work that has been done, the cost of construction, a description of the real property specially benefiting ITom the improvements and the assessment proposed to be levied against each lot or parcel specially benefiting from the improvements (the "Engineer's Report") has been prepared by the Assessment Engineer and filed with and accepted by the City Council; and WHEREAS, the City Council held a duly noticed public heating at which the City Council heard and passed upon the Engineer's Report, to gether with any protests or objections raised by any property owner liable to be assessed for the cost of such construction and other interested persons; and WHEREAS, the City Council desires to confirm the Engineer's Report as submitted. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 16-49 SECTION 1. Recitals, The above recitals are all true and correct. SECTION 2. Confi=ation Of The Engineer's Report. The City Council hereby confirms the Engineer's Report as submitted. Presented by Approved as to form by ~(.~ - Jack Griffin Director of General Services Ann Moore City Attorney attorney\reso\streetIQuil1tard St confirm report 16-50 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING THE COSTS OF CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS ON PROPERTŒS WITHIN ASSESSMENT DISTRICT 2002-1 (QUlNTARD STREET) AND ORDERING THE RECORDATION OF A NOTICE OF LŒN WHEREAS, this City Council (the "City Council") of the City of Chula Vista (the "City"), California, initiated proceedings to order and did order the installation of certain sidewalk improvements pursuant to the provisions of pursuant to the provisions and authority of Chapter 27 ("Chapter 27") of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California and did also initiate proceedings pursuant to the provisions of Chapter 27, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (Chapter 27, Article XllID and the Implementation Act may be referred to collectively herein as the "Assessment Law") to form an assessment district for the purpose of financing the cost of installation of such sidewalk improvements, such assessment district to be known and designated as Assessment District No. 2002-1 (Quintard Street) (the "Assessment District"); and WHEREAS, the construction of the improvements has been completed and the improvements have been accepted by the City; and WHEREAS, the City Council has confirmed the report specifying the work that has been done, the cost of construction, a description of the real property specially benefiting from the improvements and the assessment proposed to be levied against each lot or parcel specially benefiting ITom the improvements (the "Engineer's Report"); and WHEREAS, as authorized by Chapter 27, the City Council now desires to assess the cost of construction of the sidewalk improvements against the parcels of property specially benefiting ITom such improvements; and WHEREAS, as further authorized by Chapter 27, the City Council has previously adopted Resolution No. 2003-298 (the "Resolution Authorizing Deferral") to authorize the deferral ofthe payment of the assessments to enable the property owners to pay such assessments in annual installments over a period of ten (10) years with interest on the unpaid balance at the rate of five percent (5 %) per year; and WHEREAS, the City Council now desires to confirm the deferral of the payment of the assessments pursuant to the Resolution Authorizing Deferral. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 1 6-51 SECTION 3. CONF~TION OF DEFERRAL OF PAYMENT OF ASSESSMENT, Pursuant to the Resolution Authorizing Deferral, the immediate payment of the assessments shall be deferred and the assessments shall be payable annual installments over a period of ten (10) years and the unpaid balance of such assessments shall bear interest at the rate of five percent (5%) per year. SECTION 4. NOTICE OF LŒN. The Street Superintendent is hereby ordered to cause the recordation of a Notice of Lien against the parcels assessed as provided for in Streets and Highways Code Section 5891. Presented by Approved as to form by D~ '7. l-t- Jack Griffin Director of General Services Ann Moore City Attorney attorney\resolstreet1Quintard Sf Assessing Costs and Lien 16-52 COUNCIL AGENDA STATEMENT Item J1- Meeting Date 1/25/05 ITEM TITLE: Resolution Accepting a petition requesting the formation of an Assessment District for Dixon Drive (Naples Street to Oxford Street) for the purpose of financing the construction of street improvements Resolution Declaring the intention to form AD 2004-1 (Dixon Drive), approving the Preliminary Engineer's Report, ordering the installation of certain improvements on Dixon Drive (Naples Street to Oxford Street), setting the time and place for a public hearing and ordering the initiation of ballot procedures Resolution Adopting a map showing the proposed boundaries for Assessment District No. 2004-1 (Dixon Drive) SUBMITTED BY: Director of Ge:eral Services \it-- REVIEWED BY: City Manager~ 1)(\0' (4/5ths Vote: Yes...x No~ Residential properties along Dixon Drive, between Naples Street and Oxford Street, are currently without curbs, gutters, or sidewalks. Twenty-eight of the thirty-eight property owners have signed a petition requesting that special assessment district proceedings be commenced for the purpose of financing the construction of these improvements. Staffhas completed preliminary design and cost estimates for this project. RECOMMENDATION: That Council adopt the above resolutions to: 1. Accept the petition ITom Dixon Drive property owners for the formation of a special assessment district; 2. Approve the District Boundary Map 3. Approve the Preliminary Engineer's Report; 4. Order the construction of improvements; 5, Set the time and place of a public hearing for March 15, 2005 at 6:00 pm to be conducted pursuant to the provisions of Chapter 27 of the Improvement Act of 1911 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID"); and 6. Order the initiation of ballot proceedings in accordance with Article XIIID BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. 17-1 Page 2, Item Meeting Date iÎ 1/25/05 DISCUSSION: City staff received a petition in November 2003, initiating the formation of an Assessment District for the construction of street improvements along Dixon Drive, ITom Naples Street to Oxford Street. Twenty-eight of the thirty-eight (38) property owners within the proposed District boundaries were in favor of the district formation. The petition complies with Section 2804 of the Califomia Streets and Highways Code, which requires that the petition be signed by at least 60 percent of the areal ITont footage property owners. City Policy requires that the City provide all engineering, inspection and administrative services, as well as paying for all relocation and reconstruction of the existing roadway, if required. Property owners are typically expected to pay for the cost of constructing curb, gutter, sidewalk and driveway aprons. However, as part of the Castle Park Neighborhood Revitalization Program, the City has offered to assume the costs of the curb, gutter, sidewalk and street improvements. The property owners would be required to pay for the driveway aprons and the relocation of any private improvements within the City's right-of-way. City staff conducted a public meeting and met with property owners on Apri128, 2004, presenting the proposed improvements, financing mechanism, Assessment District formation process, and distributed preliminary ballots. At that meeting, staff explained the process for establishing assessment districts and an informal ballot was distributed to the property owners in attendance. All property owners in attendance were in favor of the proposed Assessment District to move forward, It was therefore concluded that the proj ect had sufficient support to warrant proceeding with the District formation process. Due to the overwhelming interest in this project, staff has already completed the design work on this project. Improvements and Costs This project consists of construction of curb, gutter, sidewalk and driveway aprons, resurfacing and widening of the existing asphalt pavement along Dixon Drive between Naples Street and Oxford Street. Details of the cost breakdown and design considerations are included in the Preliminary Engineer's Report (Attachment B). The report includes a copy of the proposed boundary map and the recommended construction costs payable per property. The total project cost is estimated to be $996,808.50, of which the property owners' share is $179,655.50 to cover the cost of constructing the concrete driveways only, Certain properties on Dixon Drive were not included in the District. This includes properties at the southern end of Dixon Drive, which either already have curb, gutter and sidewalk along their ITontage or do not have any driveways. New driveway aprons will not be constructed for any of those properties. 17-2 Page 3,Item 17 Meeting Date 1/25/05 Future Actions The proceedings to form Assessment District No. 2004-1 (Dixon Drive) are being undertaken pursuant to the provisions of the Block Act and Article XIIID and the Omnibus Proposition 218 Implementation Act (Government Code Section 53750 and follows the "Prop 218 Implementation Act"). The notice, hearing and protest requirements of the Block Act, enacted long before the passage of Proposition 218 that added Article XIIID to the California Constitution and the enactment of the Prop 218 Implementation Act, differ in certain significant respects from the notice, protest and hearing procedures mandated by Article XIIID. However, the Prop 218 Implementation Act, enacted to facilitate the implementation of Article XIIID, provides that the notice, hearing and protest procedures imposed by the Prop 218 Implementation Act supercede any statutory provisions of the Block Act applicable to the levy of assessments pursuant to the Block Act, whether or not the provisions of the Block Act conflict with the provisions of the Prop 218 Implementation Act. Additionally, the Prop 218 Implementation Act provides that if the City complies with the notice, protest and hearing requirements of the Prop 218 Implementation Act, the City shall not be required to comply with the statutory notice, protest and hearing requirements that would otherwise be applicable to the levy of assessments pursuant to the Block Act. Consequently, the procedures proposed to be implemented to consider the levy of assessments within Assessment District No. 2004-1 (Dixon Drive) are the notice, protest and hearing procedures mandated by the Prop 218 Implementation Act. Council is requested to adopt the above resolutions to, among other actions, order the construction of the improvements, set the time and place for a public hearing regarding the construction of the improvements, and order the initiation of assessment ballot proceedings in accordance with Article XIIID in conjunction with such public hearing. If the resolution is adopted, staff will mail notices of the public hearing, together with assessment ballots, to all property owners at least 45 days in advance ofthe public hearing, which will be held on March I, 2005. Atthe public hearing, property owners may present objections to the proposed work in accordance with Section 5132 of the California Streets and Highway Code and show cause why the proposed work should not be carried out in accordance with the Resolution of Intention. Additionally, by completing and returning their assessment ballots, the property owners will have the right to specify their support for or opposition to the levy of the assessments to finance the construction ofthe driveway aprons. The property owners have the option to revise their assessment ballots until the end of the public hearing, These assessment ballots will include the maximum principal amount that each property owner is required to pay, If the majority of property owners approve the levy of assessments to finance the construction of the driveway aprons, the City Council may then order the construction work for all of the improvements to be done and staff will complete design, It is anticipated that construction of this project would take place during spring of2005. Following completion of the construction ofthe driveway aprons, the City Council will be asked to confirm the final assessments. So long as the final assessments are equal to or less than the assessments approved by the property owners pursuant to the assessment ballot procedure, no further public hearing will be necessary. If, however, the final assessments exceed the assessments approved by the property owners, it would be necessary for the City to conduct a further public hearing and 17-3 Page 4, Item 11 Meeting Date 1/25/05 assessment ballot proceeding in order to authorize the levy of the assessments in such higher amounts. Following confirmation of the final assessments, the property owners will have the option of paying any portion of the assessments during the 30-day payoff period following acceptance of improvements and confirmation of assessments. If assessments are not fully paid during that time, the City customarily collects the unpaid balance on the tax roll over a period often years, together with interest on the unpaid principal at a rate commensurate with the City's investment earnings at that time. Property owners may pay the balance oftheir assessments at any time during the ten-year repayment period without penalty. FISCAL IMPACT: The total cost of this project is estimated to be $996,808.50. It is estimated that property owners will repay $179,655,50 of the cost of the project over a ten-year period. Staff will ask Council to appropriate sufficient funds necessary to complete the proj ect at the same time we seek Council's approval of a construction contract. Attachments: A Petition Signed by Dixon Drive Property Owners B. Preliminary Engineer's Report J:\General Services\GS Administration\CounciI Agenda\STL~302 Dixon Drive Assessment Dist\Dixon Drive _ Intent All3 Dee 2004.jcm.doc Flæ, 0735-10-STL302 17-4 ATTACHMENT A 17-5 <=-' .............--..,. Honorable Mayor and Members of the City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Petition Requesting the Initiation of Proceedings to Consider the Formation of an Assessment District to Finance the Costs of Construction of Driveway Aprons and Street Improvements for Properties Along Dixon Drive between Naples Street and Oxford Street. Mayor and Members of the City Council: We are the owners (the "Owners") of the properties located in the City ofChu1a Vista (the "City") which are identified adj acent to our signatures below and are also shown on the map attached to this Petition as Attachment A hereto, The Owners respectfully petition the City Council of the City (the "City Council") to initiate proceedings pursuant to the Improvement Act of 1911 (Streets and Highways Code Section 5000 andfollowing) or the Municipal Improvement Act of 1913 (Street and Highways Code 10000 and following) to consider the formation of an assessment district for the purpose of financing the costs of construction of driveway aprons and street improvements along Dixon Drive between Naples Street and Oxford Street. (the "Improvements"). The Improvements and the properties proposed to be included within the boundaries of assessment district are also shown on Exhibit A. We understand that if an assessment district is formed as we have petitioned the following costs will be assessed against those properties that will receive special benefit ITom the Improvements: 1. The costs to construct the Improvements; and 2. Financing costs related to payment of the above costs over time. We further understand that if the City Council elects to initiate the proceedings to consider the formation of an assessment district as we have petitioned: L The record owners of the properties proposed to be assessed will receive notice of a public hearing to be held by the City CounciL At such public hearing any interested person may present written or oral testimony and the City Council will consider all objections or protests to the proposed assessment. 2. The record owners of the propeliies proposed to be assessed will also receive an assessment ballot by which such record owners may express their support for or opposition to the proposed assessment. 3. All assessment ballots received by the City prior to the conclusion of the public hearing will be tabulated following the conclusion of such public hearing, The City Council shall 17-6 have the authority to form the assessment district and 1evy the proposed assessments on1y if the assessment ballots submitted in favor of the levy of the proposed assessments exceed the assessment ballots submitted in opposition to such levy. In tabulating the assessment ballots, the assessment ballot for each parcel is weighted by the amount of the assessment proposed to be levied on such parcel. In submitting this petition we are not waiving our right: (a) to testify orally or in writing at the public hearing described above, (b) to object to or protest the levy of the assessments if we do not agree with the amount of the assessment proposed to be levied on our property or (c) to submit an assessment ballot in opposition to the levy of the proposed assessment on our property if we do not agree with the amount of such proposed assessment. This petition is respectfully submitted by: Neilrhborhood Coordinator Name: ::]LA Q n S (1 Q \' C l 6- Address: ¡ I 3 L-f D \ X 0 n Dr Phone: 4:J..J. (fo93 Date Si!!ned Name of Property Owner(s) (printed or typed) Si!!nature of Property Owner(s) Street Address or Assessor's Parcel No. Ifot/-¿ -0: DV - <.0 - 03 0C/,1,z/ $' ) 1131- DIXon ìy ((lIt NO¡)-JI-03 ::J~Jf d~D /)( ..~~¡ I tJ-IT I (.1 ct U 4,)& âJo/ I A 17-7 /! - if - D 3 -J ¡J1f.v + f<;kWDH ~Cllf- í(/CHAKìJ ::r ,-/} ¢:: _c.L,",¡- ¿ ¡¿ D & ¿be Date Sil!ned Nt? J II () 3 AbJ· II D3 II /I~ 0'5: ((-/(-6 !/~J)" ô:; 11-/1-03 /!-!(-o3 Name of Property Sil!nature of Owner(s) Property Owner(s) (printed or typed) -:7 ¡Ç //I! ¡(j ~. ~~~ Street Address Q! Assessor's Parcel No. 1(1"3 D{ }(.Gj-J ~ Oìrú~ Dr / ( 1/;1-7 l/jx ò~ 'DIZ. 1138 )y( Ko/l/~ .' l/tfLf D/xCJ/Ý U þrf ~ 'AN D£ lz':2JÐrV f f-E !ð(V\ {eÎG wdð- ;AI if $t(5 1) 1'lJo ¡J 171\.. 0,. 117 ¿ DIKOI! /J / ¡«(( /);XoJ) Df. !lélfrJcV~/Þ fi1tlïl(3rv'(lrl1ð. flg3 OIXOþ¡ Or-. " 17-8 Date Signed \ \ ~ -\'d D-:s, \ I - I L - 03 /1- /,)._ oj if ,- l'l - 0') Name of Property Signature of Owner(s) Property Owner(s) (printed or typed) Street Address Q!: Assessor's Parcel No. s ~ €.\,:', ~O'0 '<..\\ \\ ct (J Cr, Xo 1\ W~. <:.-~ \j \ (). \J \ ~J.-(À C \ OJ, II7ðð><ö~ ~9, \1 1\2-3 1J"''¿.7(/(f f!1"t'tt IL Js::¡,..-<- 1f i h~ // 7/>' " , II 7 ¡) ¡'{CoN ïJ.~ 1hOfhrJS C C9tU-/?-'l 'ì/~ I ¡/., IJ" / ¡,- ¿;J,5 n-ÆÚ/} -;;; - ';(/ ð~cdIL 1/t/4, j/ý¿¡R J->f:(> ¡ç fJ ,Æ/ A r Ú f!,f)'u £ 1!Æ'Ic.l f-;];~t&v 11-/7,°3 í / -/ 7-() 3 ~-~- JIm fYlG LAIN 11~::,r;IX1>I" '4-, / /- J J- [J ') WAJJACfS.Gr\IFÇI Jldikuf¥ ¡ IId-D)XD,V °1/ 1/ 17-9 Date Signed Name of Property Signature of Street Address Owner(s) Propertv Owner(s) Q! (printed or typed) Assessor's Parcel No. Df'IA- II ó t' I . "7'UV ,). / I &J D ¿I 1< p. ¡j jJ. if NC V(~ /)/ ;( "'- 0 11-. <2 J il .1,-,./-,<'1;1'<. 3'~d--P--- 111- S Ò'''=C:::-- 0,< Ý/¿v 2Jf 0") :::Cv^", p~¡l'I C! h",L-. Ù"h. 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'~~-;I~ ,(619-/5 70J) --~---1 Ë~~ I lAl~O . ,(619 15204) ---------1 ~~~~I~ 0 rrJ, : ,(619 15-205) ._____~ lJg¡,:,_a""':~ I eVIct C'liZi l6'19-15 206) ---1 ~~___~¡ Cthh- : ~ ,{619-IS 20n -.~'-=1 ð f-::"':"~:~' efE'rw: ~ ,(619 /5 JOR) --------1 ~ §3 ËJ~_a>tW,œ I ReV+,¡1 . ~ ,(619 15-J09) --------1 V) ~.~' mJß-~ §3 : (619-IS-JlO) C(i t : ~-:~:,I,,;~, __ á.~y ,(619-20-J08]'" '" ' I/$J DiXON OR J \ ,,"\. : n-:X'~V-'-l 1157 DiXON DR ') '\ ' ,(619-20 210)".~' -. --, ~:~X",:-1/7~U-l (619 JO 20/J i;] í l ' \I.!~:~XON~ I ~~~Tt(,~_ i !m9-JO-J02) -¡ ¡I""_;'''''' ZjJ.mw « )t f(iT9u2;-2-¡;) 1 u___~ ~~~X(w.~ I G~(ýC~~~ ,(619-20...,2121 \ , ~"':-~\ (I(m(~~ ,(619-20-J05) \ ' """'''''''''''''1 (1~ Vf'2' ~9~~O-J~)' u___I~ '1~~~""'>tW,,,,,¡¡T Ý\ l.xtC:'~ 619 20- 7 I __u_J DISTRICT BOUNDARY 619- 0- 09 56 OXFœo Sf ¡-'T'-T"T"TnT-'T-'T"i DRAWN BY: LUIS A. LABRADA DA TE: SHŒT 1 10-13-03 OF I SHTS. EXHIBIT '_n--L ------ ------- ,-LnL,_, (n~nTn---ì , . f- --}- -- n -l f- . _u_,~ L ---j ~ ,- );;! f- -n-1 ~ I ~ n-n-1 '-'-1 n-n-1 f--'-n __u~ f- -I r-,j f-'-~ f-n_n-j f--n-n-j f-n-u-j f-n-n-j , . f--n-n-j , , f-'-,-j , , , , f-u--1 , , , , f--u--i t:~:~ f- f- f-n- i; /i¡v, 43 ¡--nT- f---, f- f- f------ f--, f- f- r-n-u EMERSON ST ------------ CASTlE PARK ELEIoIENT ARY SCHOOl ------------ OXFORD ST nTnTnTnTni"-nT ' " A" TITLE.- CITY OF CHULA VlST,A. ASSESMENT DISTRICT "DIXON DRIVE BETWEEN NAPLES STREET AND OXFORD STREEï 17-11 STL -294 PREPARED BY: LUIS A. LABRADA APPROVED BY: BETH CHOPP ASSESSMENT DISTRICT ON DIXON DRIVE BETWEEN NAPLES STREET AND OXFORD STREET APN ,eV\1 e,l 6192021000 .-8'1 91 512000 , Uc\ JI 6191520800 ,8192011200 ,,3192021200 æ192021100 ..,8191511900 l.8"191520200 -B191511500 ·~192011300 1'e" .\-«.\ 6192020800 6192020500 "'Ú191511800 0)191511700 (è'lt«Í 6192011800 $191511300 ".8191520300 ((\\1"'\ 6192020100 u>'192011100 \.06191520600 \8"'\91521000 \.Z191511600 ¡ß191520500 í5't91520700 r'''+''\ 6192011900 6191520900 t6192011000 \9'192020600 6191511100 '(c 1'.-1 "- \ 61920209~0 ...6'191520100 6192010900 v~191520400 \p192011400 ,6191511200 \-6'191511400 6192020200 OWNER NAME ANDERSON, CHARLES L. & SHARON '·'j!\;~~§t'JNIFAMIL Y CARBAJAL FAMILY '@A~RANZA, JOE E, JR. & KAREN M, i!~:/M'II~, JOE E. & MARY L I'tAot'lf.iA.<NZA, THOMAS C, ~~FAMIL Y '{,!i\!!;tíil\lQ!;;/iiR. HARRY c, & PATRICIA A. ,\i<!!ll!l\!Ji!;"'l'ltENT A R. ;f'~JJ.80tW, THOMAS A. py5 ï0£s; iØb'l; (1Ni! MANUEL & MARIA E, ~\í)jAwJjJANJR, & RHONDA L, 'iþ~\d-AN S, GLEDHILL, JOHN G. ~1!¡;; !f¡NrWALLACE S, '(]®1GJ<'1\'ROGELlO M, & GENOVEVA A. KOVAR, MARGARET A '¡ ;@f!!l!ìili'rffiNRIQUE M.& MANUELA iM_iI\lt,¡¡j',ItLAN iMß0AU, DOROTHY E. M<!!Ib'þdM, JAMES A 'M~NØ0ZA, ALDO & NORMA "f!!E'f'ERSONl, EDNA C, POCKLlNGTON FAMILY ¡'¡;¡R©JA, IV AN ·iR0WBl'I::¡'€HARLES R. & SHERRI L, SALGADÐ, ENRIQUETA R. SEVERANCE,TERUKO SILVA, ALEJANDRO & JUANA '1', ,~!I(JMNÜEY,'CARL THOMPSON,RONALDL, ··'J!t!)'~I!J;~Í'\MES R. & MARY H. ."EiòIJ',"üELL, PATRICIA M. '\t~I<¡¡¡NÇIA, AUGUSTINE p, & DORA W01\i1A<Ck, THOMAS G, & DONNA J. \JI\!l~A6lJ¡>TERESA L. 17-12 ADDRESS 1161 DIXON DR ':f;1¡4'II"DIXON DR' F 1137 DIXON DR ·1·1'7i8·'DIXON DR.\ / ~~)«}N'DR , j/ ·11;M¡,DIXON DR.' '/, 1i~1if4i·bIXON EJR Ý 1"'~"H)!XON-oR'/ ¡- ,.i4i1~'ID1XON DR·.'70- 4'1~" j)IXON DR\¡/' 1153 DIXON DR'" / 1'~'a!!JmIXON DR.\;t// 44ß8'ÜIXON DR~ / 11!8"FEJIXON ô'R/Ý 1154 DIXON DR .' \ ,/' ¡1c1:H¡,DIXON DR.·!' " ;1,~',,ª,Ð-IXON DR·\ / 1167 DIXON DR "f!~'IDIXON DR' j , ,. /,,' 1't~,''Ð'IXON DR' Ÿ '1.;,,-,.-. 114T·DIXON DR·' j/ '. ..,.'. t,1\1!!hDIXON DR"~ ' ; ,.,' .1,123. DIXON DR /1/ ·1133 DIXON DR~/':' 1160 DIXON DR " 114" DIXON DR... ' . '''"',, , \(r ,149001XON DR,. \ 1195 DIXON DR / 85 NAPLES ST --- 1157 DIXON DR 1'1'MbIXON DRX V 1192 DIXON DR ,1"l'f!l'iDIXON DR < , 11'-ê~;DIXON DR/J/ ~1ifj lii'[)IXON DRY-P, 111~'DIXON DR,i't 1;1fi!,$W!~ON DR\" f' "j, ATTACHMENT B 17-13 PRELIMINARY ENGINEER'S REPORT DIXON DRIVE SIDEWALK IMPROVEMENTS 1913 ACT ASSESSMENT DISTRICT AD 2004-01 DECEMBER 28, 2004 17- 1f _.u_..,. .__~..._... ______.______ ..--. .....-.------..-.-.--~-------.--....- Back!!:round Dixon Drive, between Naples Street and Oxford Street in Chu1a Vista, is a residential street with a 60-foot width of right-of-way and is located within the Castle Park area of the City of Chula Vista. The Castle Park area is generally bounded by Third Avenue to the west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the south. Existing improvements along Dixon Drive generally consist of asphaltic concrete pavement with no curb-and-gutter. In November 2003, twenty-eight Dixon Drive property owners submitted a petition to the City requesting the initiation of proceedings to form an assessment district in accordance with the Improvement Act of 1913, This district would finance the construction of the missing curb, gutter and sidewalk and other street improvements along Dixon Drive, ITom Naples Street to Oxford Street. The City currently has a policy regarding participation in 1913 Block Act proceedings. According to this policy, the City will provide all engineering, inspection and administrative services at no cost to the property owners. It is the City's responsibility to relocate or replace all existing public improvements, which would be in conflict with the new improvements, including utilities, and costs associated with construction of the curb, gutter and sidewalk, and street reconstruction. These costs would not be assessed to the property owners, The property owners would be responsible to pay for all costs associated with the driveway apron construction and any costs associated with the relocation of private improvements (only if private improvements are located in the public right-of-way), 2 17-15 Overall Desi2n and Cost Estimate The project area and general location of improvements are shown on Exhibit A, the Proposed Boundary Map for Assessment District 2004-1, Dixon Drive, The properties, which will benefit from these improvements and would be a part of the district, are as follows: Address 1104 Dixon Drive 1108 Dixon Drive 1112 Dixon Drive 1118 Dixon Drive 1122 Dixon Drive 1128 Dixon Drive 1134 Dixon Drive 113 8 Dixon Drive 1144 Dixon Drive 1148 Dixon Drive 1154-56 Dixon Drive 1160-62 Dixon Drive 1166 Dixon Drive 1172 Dixon Drive 1178 Dixon Dri ve 1184 Dixon Drive 1188 Dixon Drive 1192-94 Dixon Drive 11 03 Dixon Drive 1109 Dixon Drive 1113 Dixon Drive 1119 Dixon Drive 1123 Dixon Drive 1127 Dixon Drive 1133 Dixon Drive 1137 Dixon Drive 1143 Dixon Drive 1147 Dixon Drive 1153 Dixon Drive 1155 Dixon Drive 1157-59 Dixon Drive 1161-63 Dixon Drive 1167 Dixon Drive 1173 Dixon Drive 1179 Dixon Drive 1183 Dixon Drive 1189 Dixon Drive 1195 Dixon Drive Parcel Number 619-151-11-00 619-151-12-00 619-151-13-00 619-151-14-00 619-151-15-00 619-151-16-00 619-151-17-00 619-151-18-00 619-151-19-00 619-151-20-00 619-201-18-00 619-201-19-00 619-201-14-00 619-201-1:3-00 619-201-12-00 619-201-11-00 619-201-10-00 619-201-09-00 619-152-01-00 619-152-02-00 619-152-03-00 619-152-04-00 619-152-05-00 619-152-06-00 619-152-07-00 619-152-08-00 619-152-09-00 619-152-10-00 619-202-08-00 619-202-08-00 619-202-09-00 619-202-10-00 619-202-01-00 619-202-02-00 619-202-11-00 619-202-12-00 619-202-05-00 619-202-06-00 3 17-16 The improvements include reconstruction of the asphaltic concrete street, construction of monolithic curb, gutter and sidewalk, and miscellaneous associated drainage facilities, The sidewalk will be five feet wide and will match the existing sidewalk at the south end of Dixon Drive. Where driveways are located, a driveway apron will be constructed to provide a transition between the street, the sidewalk and the driveways, Several properties have fences or walls, which will need to be relocated or reconstructed to construct the street improvements. These improvements are summarized as follows: Address 1108 Dixon Drive 1128 Dixon Drive 1137 Dixon Drive 1154-1156 Dixon Drive 1160-1162 Dixon Drive Improvements Extend private walkway to public sidewalk Relocate existing block wall and concrete walkway at property line Relocate existing chain link fence at property line Relocate existing chain link fence at property line Relocate existing chain link fence at property line Total construction cost for the project is estimated to be $668,999.00. This estimate is based on the final design, but an additional 15 percent contingency amount (approximately $100,349.80) has been added to this figure to cover construction change orders or other unforeseen factors, City staff costs for design, inspection and associated soil testing are estimated to be an additional $227,459,70. Method of Apportionment The City of Chula Vista has offered the Castle Park area property owners an incentive to form an Assessment District for the installation of street improvements. The City would pay for replacement of existing improvements and City staff costs related to planning, design, surveying and construction inspection. Property owners would be required to pay for the driveway aprons and the relocation of private improvements within the City right- of-way, The property owners' responsibility has a total estimated cost of$179,655.50, Costs must be apportioned to each property based on the area of the driveway aprons along the property's frontage and any private improvement relocation within the City's right-of-way, 4 17-17 The breakdown of construction costs among the thirty-eight properties within the district is shown below, For each property, !be square footage of driveway apron was individually calculated. The calculation was broken into two parts: !be actual driveway and the wing area on each side of the driveway, which provides a transition between the driveway and the sidewalk. Address 1104 Dixon Drive 1108 Dixon Drive 1112 Dixon Drive 1118 Dixon Drive 1122 Dixon Drive 1128 Dixon Drive 1134 Dixon Drive 113 8 Dixon Drive 1144 Dixon Drive 1148 Dixon Drive 1154-56 Dixon Drive 1160-62 Dixon Drive 1166 Dixon Drive 1172 Dixon Drive 1178 Dixon Drive 1184 Dixon Drive 1188-90 Dixon Drive 1192-94 Dixon Drive 1103 Dixon Drive 1109 Dixon Drive 1113 Dixon Drive 1119 Dixon Drive 1123 Dixon Drive 1127 Dixon Drive 1133 Dixon Drive 1137 Dixon Drive 1143 Dixon Drive 1147 Dixon Drive 1153-55 Dixon Drive 1157-59 Dixon Drive 1161-63 Dixon Drive 1167 Dixon Drive 1173 Dixon Drive 1179 Dixon Drive 1183 Dixon Drive 1189 Dixon Drive 1195 Dixon Drive Parcel Number 619-151-11-00 619-151-12-00 619-151-13-00 619-151-14-00 619-151-15-00 619-151-16-00 619-151-17-00 619-151-18-00 619-151-19-00 619-151-20-00 619-201-18-00 619-201-19-00 619-201-14-00 619-201-13-00 619-201-12-00 619-201-11-00 619-201-10-00 619-201-09-00 619-152-01-00 619-152-02-00 619-152-03-00 619-152-04-00 619-152-05-00 619-152-06-00 619-152-07-00 619-152-08-00 619-152-09-00 619-152-10-00 619-202-08-00 619-202-09-00 619-202-10-00 619-202~0 1-00 619-202-02-00 619-202-11-00 619-202-12-00 619-202-05-00 619-202-06-00 Preliminarv Cost Estimate $3,550,00 $3,515.00 $3,690.00 $3,457.50 $3,330,00 $5,920.00 $4,000.00 $4,130,00 $4,050.00 $4,530.00 $3,535,00 $5,548,00 $5,190.00 $6,240,00 $5,270,00 $4,370,00 $3,930,00 $4,150,00 $4,000,00 $4,160.00 $4,990,00 $4,710,00 $4,410,00 $4,910,00 $4,150,00 $3,830,00 $3,980,00 $6,230,00 $6,080,00 $9,450.00 $5,480.00 $5,720,00 $5,260,00 $7,230.00 $5,590,00 $5,310.00 $5,760,00 The cost breakdown in this Engineer's Report will be reviewed after !be project has been constructed. At that time, all quantities and costs will be known. The assessment for each individual property cannot be increased without another ballot process. 5 17-18 CITY OF CHULA VISTA GENERAL SERVICES DEPARTMENT \ DESIGN COST ESTIMATE PROJECT TITLE: STREET IMPROVEMENTS ON DIXON DRIVE --- ........ BETWEEN NAPLES STREET AND OXFORD STREET ~""'^___'_" ,..__. "..N ""_N_ .~ . __'__""_~_ ._.___., ~ PROJECT NUMBER: DATE: PREPARED BY: CHECKED BY: STL -302 DECEMBER 28, 2004 CESAR MAGBUHA T J. MONEDA . No. 1 - d - D~S;RIPTION ' .. ì - Q~~~T~TY - - r Ú~;.; r ~UNIT - .. : . AMOUNT . , '. " j, I , _. . _ __, __ j _ L PRICE I 1 T ONCRETE PAVEMENT AND SEAL COAT " ,,·__...··.·_.MM..."'_...._ " ASPHAL C (3 ) ¡-~_. L 2 CRUSHEg AGGREGATE BASE (7J 3 p,c. C. MONOLITHIC CURB, GUTTER ß SIDEWALK - - " 4 P.C.C. SLAB, 6"(DRIVEWAY) -- 5 P.C.C. SLAB, 6" (CROSS GUTTER) 6 PEDESTRIAN RAMP PER CVCS-25 Moo. 7 CURB INLET, L=5' 8 SEWER MANHOLE PER SDRSD S-2 9 REPAIR CRACKED PIPE, 8"(wl 8" PVC) 10 REPLACE LATERAL CONNECTION 11 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENT 12 PAVEMENT STRIPING, MARKING AND SIGNAGE r 13 TRAFFIC CONTROL ä L, 14 SURVEY WORK 15 776 TONS 1689 TONS 1527 LF 11643 SF 901 SF 2 EA. 2 EA. ;¡ EA. LQ LF !± EA. j LS I LS I LS I LS tj ~ 17 18 $110,00 $50.00 $45,00 $20.00 $14.00 $3,000,00 $4,500,00 $5.000.00 $100,00 $3,500.00 $25,000.00 $5,000,00 $10,000.00 $100,000,00 $85,360. ° $84,450.0 $68,715,0 $232,860 0 $12,614.0 $6,000.0 $9,000.0 $15,000,0 $1,000.0 $14,000,0 $25,000.0 $5,000.0 $10,000,0 $100,000. ° SUBTOTAL: $ 668,999.0 NOTES: 12/28/2004 stl-302-WRK'~L?¡'1:a09EST'Dec 2004.xl$ ~ ~ '- ~ g:: Cr¡ (&S-~D'71 --- tj èC ~ '- bJ g:: Cr¡ ~ Ç) ~ Ç) A., VISTA ON DIXON DR. )04 12: 25: 12 PM PST PROJECT FILE ISTL -302 PREPARED BY: CESAR If. MAGBUHA T APPROVED BY: JEFF MONEDA 17-20 RESOLUTION NO. 2005- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR DIXON DRIVE (NAPLES TO OXFORD STREET) FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNlA, has been presented and has received a petition ITom certain property owners requesting the installation of certain sidewalk improvements, together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California and City Council Ordinance No, 2952; and WHEREAS, such petition requests that such improvements be financed through the formation of an assessment district, such assessment district to be known and designated as ASSESSMENT DISTRICT NO. 2004-1 (DIXON DRIVE) (the "Assessment District"), NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. It is hereby found that: A. Such petition has been signed by the owners owning land constituting more than sixty percent (60%) of (i) the ITont footage of the unimproved portion of the block requested by such owners to be improved and (ii) all assessable land proposed to be included within the boundaries of the Assessment District. B, Such petition meets all of the requirements of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," being Division 4 ofthe Streets and Highways Code ofthe State of California (the "Investigations Act"). C. The property owners have waived the sixty (60) day period within which such owners are required to construct the sidewalk improvements. SECTION 3. No further proceedings or limitations under the Investigations Act shall be applicable to these proceedings. SECTION 4. This petition shall be as a part ofthe record of these proceedings and shall be open to public inspection as required by law. 17-21 Presented by Jack GriffIn Director of General Services J:\attcrney\reso\Street\Dixcn Dr District acceptpetitioo Approved as to fonn by ..:I::o- ? . ~ J~ - Ann Moore City Attorney 17-22 RESOLUTION NO, 2005- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA DECLARING THE INTENT TO FORM ASSESSMENT DISTRICT NO. 2004-1 (DIXON DRIVE), APPROVING THE PRELIMINARY ASSESSMENT ENGINEER'S REPORT, ORDERING THE INSTALLATION OF IMPROVEMENTS, SETTING THE TIME AND PLACE FOR PUBLIC HEARINGS AND ORDERING THE INITIATION OF BALLOT PROCEDURES WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City"), CALIFORNIA, has been presented and has received a petition ITom certain property owners requesting the installation of certain sidewalk improvements, together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of the "Municipal Improvement Act of 1913" (being Division 12 of the Streets and Highways Code of the State of California and City Council Ordinance No, 2952; and WHEREAS, the City Council, acting in response to such petition, desires to initiate proceedings to order the installation of the requested sidewalk improvements; and WHEREAS, the City Council, acting in response to such petition, also desires to initiate proceedings to form an assessment district to pay for the project pursuant to the provisions of the Streets and Highway Code, Article XIIID of the Constitution of the State of California ("Article XIIID") and the "Proposition 218 Omnibus Implementation Act" (Government Code Section 53750 and following - the "Implementation Act") (the Municipal Improvement Act of 1913, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law"); and WHEREAS, the assessment district shall be known and designated as Assessment District No. 2004-1 (Dixon Drive) (the "Assessment District"); and WHEREAS, there has been prepared and filed with this legislative body a report (the "Report") of the City Engineer, acting as the Assessment Engineer, pertaining to the proposed Assessment District as provided for in and required by the Assessment Law and the Report has been presented to this legislative body for its consideration. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Recitals, The above recitals are all true and correct. SECTION 2, Description of Improvements. The public interest and convenience requires, and this City Council hereby orders the installation of the following public improvements: Curb, gutter, sidewalk and street improvements along both sides of Dixon Drive ITom Naples Street to Oxford Street. More 17-23 specifically, property owners shall (only) be required to pay for driveway aprons and the relocation of private improvements in the City's right-of-way, SECTION 3. Plans and Specifications, All of the above mentioned improvements shall be generally constructed at the grades, along the lines, between the points, and at the places and in the manner as shown on the plans and specifications for such improvements designated by the name and number of the Assessment District which are on file in the office of the Director of Public Works, For all particulars as to the alignment of the improvements and a full and detailed description of such improvements, referenced is hereby made to such plans and specifications. SECTION 4. Area of Special Benefit. The improvements, in the opinion of this City Council, will be of special benefit to the abutting and ITonting properties and, subject to support by the owners of the properties proposed to be assessed of the levy of such assessments pursuant to the assessment ballot procedures described below, this City Council hereby makes the expenses of such improvements assessable upon the properties within the proposed boundaries of the Assessment District For a general description of the Assessment District and area of special benefit, reference is made to the map of the boundaries of the Assessment District identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2004-1 (DIXON DRIVE)". A copy of such map is on file in the office of the Director of Public Works and open to public inspection during normal office hours of such department. SECTION 5. Construction of the Improvements. This City Council finds that the owners of the properties within the proposed boundaries of the Assessment District have, pursuant to Streets and Highways Code Section 5879, waived the sixty (60) day period within which such owners may construct such improvements, Therefore, the City Council hereby orders the Superintendent of Streets to cause the construction of the improvements. Such order shall be subject to the condition precedent that the owners of the properties proposed to be assessed for the costs of such construction support, through the assessment ballot proceedings, the levy of such assessments. SECTION 6. Authoritv for Construction. All of the construction proposed shall be done and carried through and financed pursuant to the applicable provisions of the Municipal Improvement Act of 1913 and City Council Ordinan~e No. 2952. SECTION 7. Approval of the Report, The Report referred to herein above is adopted, passed upon, and preliminarily approved, and contains the following: A. The plans and specifications for the improvements proposed to be constructed; B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the construction of the improvements and of the incidental expenses in connection therewith contained in the Report including that portion of such costs and expenses representing the special benefit to be conferred by such improvements on those parcels within the Assessment District; 17-24 C. The diagram showing the Assessment District and the boundaries and dimensions of the respective subdivisions of land within such Assessment District, as the same existed at the time of the passage of this resolution, each of which subdivisions have been given a separate number upon such diagram, as contained in the Report; D. The proposed assessment upon the several subdivisions of land in the Assessment District, in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by the improvements to be constructed, and of the incidental expenses thereof, as contained in the Report; and E. A description of the improvements to be constructed. The Report shall stand as the Report of the Assessment Engineer for the purpose of all subsequent proceedings had pursuant to the Assessment Law. SECTION 8. Notice of Public Hearing. Notice is hereby given that a public hearing to consider protests to the proposed assessments is hereby scheduled to be held at the City Council meeting room of the City of Chu1a Vista located at 276 Fourth Avenue, Chu1a Vista, California on March 15, 2005 at 6:00 p.m. As such public hearing, the City Council will hear and pass upon objections or protests, if any, which may be raised orally or in writing by any property owner or any other interested person. In addition, pursuant to the provisions of the Assessment Law, each record owner of property proposed to be assessed has the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each parce110cated within the Assessment District and subject to a proposed assessment. Each such owner may complete such assessment ballot and thereby indicate their support for or opposition to the proposed assessment. All such assessment ballots must be received by the City Clerk at the following address at or before the time set for the close of the public hearing: City Clerk, City of Chula Vista 276 Fourth Avenue Chu1a Vista, California 91910 An assessment ballot received after the close of the public hearing will not be tabulated even though the postmark on the envelope transmitting the assessment ballot is dated on or before the date of the public hearing. At the conclusion of the public hearing, the City Council shall cause the final tabulation of the assessment ballots timely received. If a majority protest exists, the City Council shall not impose an assessment within the Assessment District. A majority protest exists if, upon the conclusion of the public hearing, assessment ballots subrnitted in opposition to the assessments within the Assessment District exceed the assessment ballots submitted in favor of such 17-25 assessments. In tabulating the assessment ballots, the assessment ballots shall be weighted according to the proportional financial obligation of the affected property, SECTION 9. Order to Provide Notice, The City Clerk is hereby directed to mail or cause to be mailed notice of the public hearing and the adoption of this and of the filing of the Report, together with the assessment ballot materials, to the record owner of all real property proposed to be assessed. Presented by Approved as to form by Dc..-. '7. H Ann Moore City Attorney Jack Griffm Director of General Services attorney/resolstreet/Dixon Dr notice of intention 17-26 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR· ASSESSMENT DISTRICT NO. 2004-1 (DIXON DRIVE) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has been presented and has received a map showing and describing the boundaries of the area proposed to be assessed in an assessment district under the provisions and authority of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California and City Council Ordinance No. 2952; said assessment district known and designated as ASSESSMENT DISTRICT NO. 2004-1 (Dixon Drive) (the "Assessment District"). NOW, THEREFORE, BE 1 T RESOLVED AS FOLLOWS: SECTION 1, The above recitals are all true and correct. SECTION 2, A map showing the boundaries of the proposed Assessment District and lands and property to be assessed to pay the costs and expenses of the proposed acquisition of certain public improvements designated as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2004-1 (DIXON DRIVE)" is hereby submitted, and the same is hereby approved and adopted. SECTION 3. The original map of the boundaries of the proposed Assessment District and one copy thereof is to be filed in the Office of the City Clerk. SECTION 4, A certificate shall be endorsed on the original and on at least one copy of the map of the Assessment District, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the a time and place of hearing on the formation or extent of the Assessment District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided in Section 3111 of the Streets and Highways Code ofthe State of California, Presented by Approved as to form by ~ ì. f-l-- Jack Griffin Director of General Services Arm Moore City Attorney attorney1reso\Street\Dixon Dr Boundary Map 17-27