Loading...
HomeMy WebLinkAboutAgenda Packet 2005/06/07 CITY COUNCIL AGENDA June 7, 2005 4:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~~ft- ~ -- -- -- - ~~~~ CllY OF CHUIA VISTA City Council Patty Davis John McCann Jerry R. Rindone Steve Castaneda Stephen C. Padilla, Mayor City Manager David D. Rowlands, Jr. City Attorney Ann Moore City Clerk Susan Bigelow ********** The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68. Agendas are available on the City's website at: www.chulavistaca.gov ********** AGENDA I declare under penalty of perjury that I am employed by the City of Chula Vista in the OHice of the City Clerk and that I posted this document on the bulletin board according to Brown ~t reqUi~ments. ?~~ f/a. '-"tpd r5'&~ Signed ~ u" 4:00P. . June 7, 2005 CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Davis, McCarm, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · INTRODUCTION BY ALEX AL-AGHA, CITY ENGINEER, OF THE EMPLOYEE OF THE MONTH, ROBERT LECLAIR · PRESENTATION BY RODERICK REINHART OF THE GAYLE MCCANDLISS ART AWARD RISING STAR TO DANIEL R. JIMENEZ · BUDGET WORKSHOP STRONG AND SAFE NEIGHBORHOODS A. Opening of Fire Station No.8 B. Fire Station Master Plan and Advanced Life Support Study C. Creation of Second Fire Battalion D. Maintaining Police Patrol Strength E. Alcohol and Motel Ordinances F. School Safety Programs G. Neighborhood Safety Program H. Graffiti Abatement Program ECONOMIC DEVELOPMENT A. Urban Core Specific Plan B. Bayftont Master Plan C. University Park and Research Center D. Formation of Chula Vista Redevelopment Corporation Page I - Council Agenda June 7, 2005 CONSENT CALENDAR (Items I through II) 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. I A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED TO IMPROVEMENT AREA "A" OF COMMUNITY FACILITIES DISTRICT 97-2 (pRESERVE MAINTENANCEC DISTRICT) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT 97-2 (pRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "A" THERETO McMillin Otay Ranch, LLC and Otay Project LP have requested the City conduct proceedings to consider the armexation of territory into Improvement Area "A" of Community Facilities District (CFD) 97-2 (Preserve Maintenance District). The conditions of approval of the tentative map for Village 7 require that the armexation be a condition of the first final map for the project. CFD 97-2 was formed in 1998 and funds the maintenance of areas that have been conveyed to the preserve in accordance with the Otay Ranch Resource Management Plan. Adoption of the resolutions initiates the formal proceedings to consider the armexation of Village 7 (McMillin and Otay) to CFD 97-2, Improvement Area A. (City Engineer) Staff recommendation: Council adopt the resolutions. 2 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT 12M (VILLAGE 7) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 12M (VILLAGE 7) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT 12M (VILLAGE 7) Page 2 - Council Agenda June 7, 2005 McMillin Otay Ranch LLC and Otay Project LP have requested the City conduct proceedings to consider the approval of the formation of Community Facilities District 12M (CFD 12M). The conditions of approval of the tentative map for Village 7 McMillin and Village 7 Otay Ranch require that said CFD be formed prior to issuance of the first production home building permit. This district will fund the perpetual operation and maintenance of slopes, medians and parkways, and storm water treatment facilities associated with Village 7. Adoption of the resolutions initiates the formal proceedings to consider the establishment ofCFD 12M. (City Engineer) Staff recommendation: Council adopt the resolutions. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO CAST BALLOTS FOR ALL AFFECTED CITY OWNED PROPERTY APPROVING THE COUNTY OF SAN DIEGO'S PROPOSED MOSQUITO, VECTOR AND DISEASE ASSESSMENT Adoption of the resolution authorizes the City Manager to cast ballots for all affected city-owned property, approving the County of San Diego's proposed Mosquito, Vector and Disease Assessment. (City Engineer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2005/2006 Article XIIB of the California Constitution, approved by the voters in 1979, and commonly referred to as the Garm Initiative, requires each local government to establish an appropriations limit by resolution each year. The purpose of the limit is to restrict spending of certain types of revenues to a level predicated on a base year amount and increased armually by an inflation factor. (Director of Finance) Staff recommendation: Council adopt the resolution establishing an appropriations limit of $446,907,029 for the 2005/2006 Fiscal Year. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED CITY INVESTMENT POLICY AND GUIDELINES AS RECOMMENDED BY THE ASSOCIATION OF PUBLIC TREASURERS OF THE UNITED STATES AND CANADA The City has an existing Investment Policy and Guidelines to ensure the prudent management of the City's cash balances. State law requires that the Investment Policy and Guidelines be adopted by resolution of the City Council after being reviewed to ensure consistency with the overall objectives of preservation of principal, liquidity, and yield, and its relevance to current law and financial and economic trends. (Director of Finance) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda June 7, 2005 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT TO COXCOM, INC. (COX COMMUNICATIONS) FOR THE PURPOSE OF PROVIDING COMMUNICATION FACILITIES FOR FIRE STATION NO. SIX The Council previously approved Capital Improvement Program Project no. PS-126 for the design and construction of Fire Station No. Six. The facility will require communication services, thus necessitating the granting of an easement to COXCOM, Inc. for such purpose. (Director of General Services) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT, AND AUTHORIZING STAFF TO INCREASE THE VALUE OF THE CONTRACT TO EXPEND ALL AVAILABLE FUNDS FOR HERITAGE SKATE PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA (pROJECT PR-259) On May 24, 2005, the Director of General Services received sealed bids for this project. The work to be done includes excavation and grading, removal and disposal of existing improvements, minor grading, installation of a Portland Cement Concrete pavement skate pad and miscellaneous skate park facilities, sidewalk connection from the skate park pad to an existing decomposed granite trail, grading, protection and restoration of existing improvements, installation of drainage facilities, other miscellaneous work, all labor, material, and all equipment and transportation necessary for the project. (Director of General Services) Staff recommendation: Council adopt the resolution, awarding the contract to the lowest bidder, Sunrise Construction of Ramona, California, in the amount of$27,600. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AND EMPOWERING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS NECESSARY TO SECURE LOCAL GOVERNMENT HOUSEHOLD HAZARDOUS WASTE AND USED OIL GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT PROJECTS Adoption of the resolution authorizes the City Manager or his designee to submit applications and execute agreements and associated documents for all available grants under the California Oil Recycling Enhancement Act and all available Household Hazardous Waste grants through June 30, 2009. (Director of General Services) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR ENVIRONMENTAL EDUCATION AT THE CHULA VISTA NATURE CENTER; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AND AUTHORIZING THE MAYOR TO EXECUTE ADMINISTRATIVE EXTENSIONS OF THE AMENDED AGREEMENT FOR UP TO THREE YEARS Page 4 - Council Agenda June 7, 2005 The San Diego Unified Port District's current agreement with the City grants up to $20,000 armually for environmental education at the Nature Center. It is the Port District's desire to grant an additional $15,000 in Fiscal Year 2006 for support of the Nature Center's Light-Footed Clapper Rail Captive Breeding Protocol Development Program. (Nature Center Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RESULTS OF THE PHASE VI AND PHASE VII CLASSIFICATION STUDY, VARIOUS INDIVIDUAL AND UNCLASSIFIED HOURLY CLASSIFICATION STUDIES, APPROVING THE CORRESPONDING COMPENSATION SCHEDULE (4/5THS VOTE REQUIRED) Adoption of the resolution approves the results of the Phase VI and Phase VII classification study and various individual and unclassified hourly classification studies. Recommended budget changes will be incorporated in the Fiscal Year 2006 budget. (Human Resources Director) Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING VARIOUS LANDSCAPE MAINTENANCE CONTRACTS TOTALING $1,656,764.93 FOR OPEN SPACE DISTRICTS 1,2,3,4,5, 6, 7, 8, 9, 10, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31; COMMUNITY FACILITY DISTRICTS 97-1 STA B, 97-1 AM (OTAY RANCH), 97-1 AB (OTAY RANCH), 98-1, AND 98-3 (TCR), 98-3 (SUNBOW II), 99-2 (OTAY RANCH); EASTLAKE LANDSCAPE MAINTENANCE DISTRICT ZONES A, B, AND D; TELEGRAPH CANYON ROAD PHASES 2 AND 3; MEDIANS AND PARKWAYS (M AND P); AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE ADDITIONAL, ONE-YEAR PERIODS The existing landscape maintenance contracts will expire on June 30, 2005. Adoption of the resolution approves landscape maintenance services for the City's Open Space Districts, Community Facility Districts, EastLake Landscape Maintenance District, Telegraph Canyon Road, Medians, and Parkways. (Director of Public Works Operations) Staff recommendations: 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. Page 5 - Council Agenda June 7, 2005 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. 12. CONSIDERATION OF THE VACATION OF STREETLIGHT AND PEDESTRIAN EASEMENTS AND A PUBLIC DRAINAGE EASEMENT LOCATED ADJACENT TO AUTO PARK DRIVE, EAST OF 1-805, SOUTH OF MAIN STREET DGF Family Partnership, owner of the property located at 520 Auto Park Drive (Fuller Ford), has requested the vacation of the streetlight and pedestrian easements and a public drainage easement located adjacent to Auto Park Drive, east of I-80S, south of Main Street. In accordance with Part 3, Chapter 3 of the California Streets and Highways Code, Council adopted Resolution 2005-144, setting a public hearing for June 7, 2005 at 4:00 p.m. in the Council Chambers to consider the vacation of the easements. In order to vacate, Council must adopt a resolution ordering the vacation of the easements. (City Engineer) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF THE STREET LIGHT AND PEDESTRIAN EASEMENTS AND A PUBLIC DRAINAGE EASEMENT LOCATED ADJACENT TO AUTO PARK DRIVE, EAST OF 1-805, SOUTH OF MAIN STREET 13. CONSIDERATION OF AMENDMENTS TO CHAPTER 3.50 OF MUNICIPAL CODE, RELATING TO THE REVIEW AND ADmSTMENT OF PUBLIC FACILITIES DEVELOPMENT IMPACT FEES, AND AMENDMENTS TO THE MASTER FEE SCHEDULE TO ADmST THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FOR PUBLIC FACILITIES IMPROVEMENTS AND EQUIPMENT PURCHASES AND UPGRADES The City Council last updated the Public Facilities Development Impact Fee in November 2002. Since that time, costs for both building construction and equipment purchases and upgrades have escalated. Adoption of the resolution and ordinance raises the fee based on recognized cost/price indexes, and establishes an armual adjustment of the fee based on those indexes. (General Services Director) Staff recommendation: Council conduct the public hearing, place the following ordinance on first reading, and adopt the following resolution; A. ORDINANCE OF THE CITY COUNCIL OF CITY OF CHULA VISTA AMENDING CHAPTER 3.50 OF THE MUNICIPAL CODE RELATING TO THE REVIEW AND ADmSTMENT OF PUBLIC FACILITIES DEVELOPMENT IMPACT FEES TO PAY FOR PUBLIC FACILITIES AND EQUIPMENT PURCHASES AND UPGRADES (FIRST READING) Page 6 - Council Agenda June 7, 2005 _ _ _ _...__w_._,_.,_ _ ___.._..._._._~.____,.._._.__..._____..___.___",,_...__~--_.__. B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO ADJUST THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FOR PUBLIC FACILITY IMPROVEMENTS AND EQUIPMENT PURCHASES AND UPGRADES (4/5THS VOTE REQUIRED) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 14. CITY MANAGER'S REPORTS 15. MAYOR'S REPORTS A. . Ratification of appointment of Felicia Starr to the Board of Ethics. B. Ratification of appointment of Tracey Abston to the Child Care Commission. 16. COUNCIL COMMENTS · Councilmember McCarm: Sweetwater Union High School District Headquarters and Corporation Yard - Relocation CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 17. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 · Agency designated representatives: Sharon Marshall, Marcia Raskin, David D. Rowlands, Jr., Maria Kachadoorian, Ed Van Eenoo · Employee organizations: Police Officers Association, Chula Vista Employees Association, International Association of Fire Fighters, Western Council of Engineers ADJOURNMENT to an Adjourned Regular Meeting on June 14, 2005 at 4:00 p.m. in the Council Chambers, and thence to the Regular Meeting of June 14,2005, at 6:00 p.m. in the Council Chambers. Page 7 - Council Agenda June 7, 2005 SUPPLEMENTAL AGENDA June 7, 2005 4:00 P.M. The following item will be heard in addition to the items listed on the previously posted agenda: CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957.7). 18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) . Application of SDG&E for Certificate of Public Convenience and Necessity for the Otay Mesa Power Purchase Agreement Transmission Project (A-04-03-008) I declare under penalty of perjury that I am employed by the City of Chula Vista in the OHice of the City Clerk and that I posted this document on the bulletin board according to Brown~t eq irements. ~ ~ Dated ;3 í? S Signed . I . Page I - Council Agenda June 7, 2005 REVISED: Closed Session Item No. 18 added AGENDA June 7,2005 4:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · INTRODUCTION BY ALEX AL-AGHA, CITY ENGINEER, OF THE EMPLOYEE OF THE MONTH, ROBERT LECLAIR · PRESENTATION BY RODERICK REINHART OF THE GAYLE MCCANDLISS ART AWARD RISING STAR TO DANIEL R. JIMENEZ . BUDGET WORKSHOP STRONG AND SAFE NEIGHBORHOODS A. Opening of Fire Station No.8 B. Fire Station Master Plan and Advanced Life Support Study C. Creation of Second Fire Battalion D. Maintaining Police Patrol Strength E. Alcohol and Motel Ordinances F. School Safety Programs G. Neighborhood Safety Program H. Graffiti Abatement Program ECONOMIC DEVELOPMENT A. Urban Core Specific Plan B. Bayfront Master Plan C. University Park and Research Center D. Formation of Chula Vista Redevelopment Corporation CONSENT CALENDAR (Items 1 through II) 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 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED TO IMPROVEMENT AREA "A" OF COMMUNITY FACILITIES DISTRICT 97-2 (PRESERVE MAINTENANCEC DISTRICT) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "A" THERETO McMillin Otay Ranch, LLC and Otay Project LP have requested the City conduct proceedings to consider the annexation of territory into Improvement Area "A" of Community Facilities District (CFD) 97-2 (Preserve Maintenance District). The conditions of approval of the tentative map for Village 7 require that the annexation be a condition of the first final map for the project. CFD 97-2 was formed in 1998 and funds the maintenance of areas that have been conveyed to the preserve in accordance with the Otay Ranch Resource Management Plan. Adoption of the resolutions initiates the formal proceedings to consider the annexation of Village 7 (McMillin and Otay) to CFD 97-2, Improvement Area A. (City Engineer) Staff recommendation: Council adopt the resolutions. 2 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT 12M (VILLAGE 7) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 12M (VILLAGE 7) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT 12M (VILLAGE 7) McMillin Otay Ranch LLC and Otay Project LP have requested the City conduct proceedings to consider the approval of the formation of Community Facilities District 12M (CFD 12M). The conditions of approval of the tentative map for Village 7 McMillin and Village 7 Otay Ranch require that said CFD be formed prior to issuance of the first production home building permit. This district will fund the perpetual operation and maintenance of slopes, medians and parkways, and storm water treatment facilities associated with Village 7. Adoption of the resolutions initiates the formal proceedings to consider the establishment ofCFD 12M. (City Engineer) Staff recommendation: Council adopt the resolutions. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO CAST BALLOTS FOR ALL AFFECTED CITY OWNED PROPERTY APPROVING THE COUNTY OF SAN DIEGO'S PROPOSED MOSQUITO, VECTOR AND DISEASE ASSESSMENT Adoption of the resolution authorizes the City Manager to cast ballots for all affected city-owned property, approving the County of San Diego's proposed Mosquito, Vector and Disease Assessment. (City Engineer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2005/2006 Article XIIB of the California Constitution, approved by the voters in 1979, and commonly referred to as the Gann Initiative, requires each local govemment to establish an appropriations limit by resolution each year. The purpose of the limit is to restrict spending of certain types of revenues to a level predicated on a base year amount and increased annually by an inflation factor. (Director of Finance) Staff recommendation: Council adopt the resolution establishing an appropriations limit of $446,907,029 for the 2005/2006 Fiscal Year. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED CITY INVESTMENT POLICY AND GUIDELINES AS RECOMMENDED BY THE ASSOCIATION OF PUBLIC TREASURERS OF THE UNITED STATES AND CANADA The City has an existing Investment Policy and Guidelines to ensure the prudent management of the City's cash balances. State law requires that the Investment Policy and Guidelines be adopted by resolution of the City Council after being reviewed to ensure consistency with the overall objectives of preservation of principal, liquidity, and yield, and its relevance to current law and financial and economic trends. (Director of Finance) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda June 7, 2005 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT TO COXCOM, INC. (COX COMMUNICATIONS) FOR THE PURPOSE OF PROVIDING COMMUNICA TION FACILITIES FOR FIRE STATION NO. SIX The Council previously approved Capital Improvement Program Project no. PS-126 for the design and construction of Fire Station No. Six. The facility will require communication services, thus necessitating the granting of an easement to COXCOM, Inc. for such purpose. (Director of General Services) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT, AND AUTHORIZING STAFF TO INCREASE THE VALUE OF THE CONTRACT TO EXPEND ALL AVAILABLE FUNDS FOR HERITAGE SKATE PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA (PROJECT PR-259) On May 24, 2005, the Director of General Services received sealed bids for this project. The work to be done includes excavation and grading, removal and disposal of existing improvements, minor grading, installation of a Portland Cement Concrete pavement skate pad and miscellaneous skate park facilities, sidewalk connection ITom the skate park pad to an existing decomposed granite trail, grading, protection and restoration of existing improvements, installation of drainage facilities, other miscellaneous work, all labor, material, and all equipment and transportation necessary for the project. (Director of General Services) Staff recommendation: Council adopt the resolution, awarding the contract to the lowest bidder, Sunrise Construction of Ramona, California, in the amount of $27,600. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AND EMPOWERING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS NECESSARY TO SECURE LOCAL GOVERNMENT HOUSEHOLD HAZARDOUS WASTE AND USED OIL GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT PROJECTS Adoption of the resolution authorizes the City Manager or his designee to submit applications and execute agreements and associated documents for all available grants under the California Oil Recycling Enhancement Act and all available Household Hazardous Waste grants through June 30, 2009. (Director of General Services) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR ENVIRONMENTAL EDUCATION AT THE CHULA VISTA NATURE CENTER; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AND AUTHORIZING THE MAYOR TO EXECUTE ADMINISTRATIVE EXTENSIONS OF THE AMENDED AGREEMENT FOR UP TO THREE YEARS The San Diego Unified Port District's current agreement with the City grants up to $20,000 annually for environmental education at the Nature Center. It is the Port District's desire to grant an additional $15,000 in Fiscal Year 2006 for support of the Nature Center's Light-Footed Clapper Rail Captive Breeding Protocol Development Program. (Nature Center Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RESULTS OF THE PHASE VI AND PHASE VII CLASSIFICATION STUDY, VARIOUS INDIVIDUAL AND UNCLASSIFIED HOURLY CLASSIFICATION STUDIES, APPROVING THE CORRESPONDING COMPENSATION SCHEDULE (4/5THS VOTE REQUIRED) Adoption of the resolution approves the results of the Phase VI and Phase VII classification study and various individual and unclassified hourly classification studies. Recommended budget changes will be incorporated in the Fiscal Year 2006 budget. (Human Resources Director) Staff recommendation: Council adopt the resolution. II. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING VARIOUS LANDSCAPE MAINTENANCE CONTRACTS TOTALING $1,656,764.93 FOR OPEN SPACE DISTRICTS 1,2,3,4,5, 6, 7, 8, 9, 10, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31; COMMUNITY FACILITY DISTRICTS 97-1 STA B, 97-1 AM (OTA Y RANCH), 97-1 AB (OTA Y RANCH), 98-1, AND 98-3 (TCR), 98-3 (SUNBOW II), 99-2 (OTAY RANCH); EASTLAKE LANDSCAPE MAINTENANCE DISTRICT ZONES A, B, AND D; TELEGRAPH CANYON ROAD PHASES 2 AND 3; MEDIANS AND PARKWAYS (M AND P); AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE ADDITIONAL, ONE-YEAR PERIODS The existing landscape maintenance contracts will expire on June 30, 2005. Adoption of the resolution approves landscape maintenance services for the City's Open Space Districts, Community Facility Districts, EastLake Landscape Maintenance District, Telegraph Canyon Road, Medians, and Parkways. (Director of Public Works Operations) Staff recommendations: 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 Jùture discussion or refer the matter to staff. Comments are limited to three minutes. Page 5 - Council Agenda June 7, 2005 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. 12. CONSIDERATION OF THE VACATION OF STREETLIGHT AND PEDESTRIAN EASEMENTS AND A PUBLIC DRAINAGE EASEMENT LOCATED ADJACENT TO AUTO PARK DRIVE, EAST OF I-80S, SOUTH OF MAIN STREET DGF Family Partnership, owner of the property located at 520 Auto Park Drive (Fuller Ford), has requested the vacation of the streetlight and pedestrian easements and a public drainage easement located adjacent to Auto Park Drive, east of I-80S, south of Main Street. In accordance with Part 3, Chapter 3 of the California Streets and Highways Code, Council adopted Resolution 2005-144, setting a public hearing for June 7, 2005 at 4:00 p.m. in the Council Chambers to consider the vacation of the easements. In order to vacate, Council must adopt a resolution ordering the vacation of the easements. (City Engineer) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF THE STREET LIGHT AND PEDESTRIAN EASEMENTS AND A PUBLIC DRAINAGE EASEMENT LOCATED ADJACENT TO AUTO PARK DRIVE, EAST OF I-80S, SOUTH OF MAIN STREET 13. CONSIDERATION OF AMENDMENTS TO CHAPTER 3.50 OF MUNICIPAL CODE, RELATING TO THE REVIEW AND ADJUSTMENT OF PUBLIC FACILITIES DEVELOPMENT IMP ACT FEES, AND AMENDMENTS TO THE MASTER FEE SCHEDULE TO ADJUST THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FOR PUBLIC FACILITIES IMPROVEMENTS AND EQUIPMENT PURCHASES AND UPGRADES The City Council last updated the Public Facilities Development Impact Fee in November 2002. Since that time, costs for both building construction and equipment purchases and upgrades have escalated. Adoption of the resolution and ordinance raises the fee based on recognized cost/price indexes, and establishes an annual adjustment of the fee based on those indexes. (General Services Director) Staff recommendation: Council conduct the public hearing, place the following ordinance on first reading, and adopt the following resolution: A. ORDINANCE OF THE CITY COUNCIL OF CITY OF CHULA VISTA AMENDING CHAPTER 3.50 OF THE MUNICIPAL CODE RELATING TO THE REVIEW AND ADJUSTMENT OF PUBLIC FACILITIES DEVELOPMENT IMPACT FEES TO PAY FOR PUBLIC FACILITIES AND EQUIPMENT PURCHASES AND UPGRADES (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO ADJUST THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FOR PUBLIC FACILITY IMPROVEMENTS AND EQUIPMENT PURCHASES AND UPGRADES (4/5THS VOTE REQUIRED) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 14. CITY MANAGER'S REPORTS 15. MAYOR'S REPORTS A. Ratification of appointment of Felicia Starr to the Board of Ethics. B. Ratification of appointment of Tracey Abston to the Child Care Commission. 16. COUNCIL COMMENTS · Councilmember McCann: Sweetwater Union High School District Headquarters and Corporation Yard - Relocation CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957. 7). 17. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 · Agency designated representatives: Sharon Marshall, Marcia Raskin, David D. Rowlands, Jr., Maria Kachadoorian, Ed Van Eenoo · Employee organizations: Police Officers Association, Chula Vista Employees Association, International Association of Fire Fighters, Western Council of Engineers 18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) · Applicatìon of SDG&E for Certificate of PuhlicConvenience and Necessity for theOtay Mesa Power Purchase Agreement Transmission Project (A-04-03-008) ADJOURNMENT to an Adjourned Regular Meeting on June 14,2005 at 4:00 p.m. in the Council Chambers, and thence to the Regular Meeting of June 14,2005, at 6:00 p.m. in the Council Chambers. Page 7 - Council Agenda June 7, 2005 COUNCIL AGENDA STATEMENT Item ! Meeting Date 06/07/05 ITEM TITLE: A. Resolution of the City Council of the City of ChulaVista, Califomia, adopting an annexation map showing territory proposed to be annexed to Improvement Area "A" of Community Facilities District No. 97-2 (Preserve Maintenance District). B. Resolution of the City Council of the City of Chula Vista, California, declaring its intention to authorize the annexation of territory to Community Facilities District No. 97-2 (Preserve Maintenance District) and Improvement Area "A" thereto SUBMITTED BY: CityEngineerSk REVIEWED BY: City ManagerW (4/Sths Vote: Yes_ No~) McMillin Otay Ranch, LLC and Otay Project LP have requested the City conduct proceedings to consider the annexation of territory into Improvement Area A of Community Facilities District No. 97-2 (preserve Maintenance District) (CFD 97-2). The conditions of approval of the tentative map for Village 7 require that said annexation be a condition of the first final map for the project. CFD 97-2 was formed in 1998 and funds the maintenance of areas which have been conveyed to the preserve in accordance with the Otay Ranch Resource Management Plan. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel to provide assistance during the proceedings. Tonight's action will initiate the formal proceedings to consider the annexation of Village 7 (McMillin and Otay) to CFD No. 97- 2, hnprovement Area A. RECOMMENDATION: That Council: I. Approve the resolution adopting an annexation map showing territory proposed to be annexed to Community Facilities District No. 97-2 (Preserve Maintenance District) and hnprovement Area A 1-1 Page 2, Item-L Meeting Date 06/07/05 2. Approve the resolution declaring the intention to authorize annexation of territory to Community Facilities District No. 97-2 and Improvement Area A. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In July 1998, Council formed Community Facilities District No. 97-2 (Preserve Maintenance District). CFD 97-2 was originally divided into two hnprovement Areas, hnprovement Area A and Improvement Area B. Improvement Area A funds the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance within the boundaries of the Otay Ranch Preserve. Improvement Area B only funds the Resource Monitoring Program within that same area. Territorv Pro1Josed to be Annexed The proposed boundaries of the territory proposed to be annexed to CFD No. 97-2, Improvement Area A encompass the parcels located within Village 7 owned by McMillin Otay Ranch, LLC and Otay Project LP. Village 7 is an Urban Village and is proposed to contain approximately 899 single-family detached homes and 221 multi-family units, a public elementary school, a public high school, open space areas and Community Purpose Facility (CPF) property on approximately 387.82 gross and 118.13 net taxable residential acres. A 50 acre Vortac Federal Aviation Administration owned navigational site located within the village and a portion of high school space which extends beyond the southern area of McMillin owned property will be excluded from the annexation. Staff has reviewed the proposed annexation boundary map, identified as Annexation Map No.5 to CFD 97-2, and has found it acceptable and ready for approval by Council. A reduced copy of the map is presented in Exhibit "B". Proposed Special Tax The rate and method of apportionment of the special taxes authorized to be levied within the existing boundaries of CFD 97-2 has four categories of taxation, as follows: · Developed Parcels (Single Family and Multi-Family Residences) are taxed based on the square footage of the structure. Commercial Parcels are taxed on the acreage of the parcel. · The Final Mapped properties which include all single family residential parcels for which a building permit has not been issued are taxed on acreage of the parcel. · Property not categorized as Developed or Final Mapped Property is taxed on acreage of the parcel. 1-2 Page 3, Item ~ Meeting Date 06/07/05 · The Exempt Category includes all publicly owned parcels and Homeowner's Association parcels. Developed Parcels are those parcels for which a building permit has been issued. The proposed maximum special tax rate in the rate and method of apportionment was determined at the time offormation ofCFD 97-2 in 1998. Collection of Taxes At the beginning of each fiscal year the City shall determine the amount of the Special Tax Liability (budget plus reserve) of each Improvement Area. Then, the special taxes will first be levied within each of the Improvement Areas on the Developed Parcels therein to fund the Special Tax Liability for such Improvement Area. If this pool of funds is not enough to fund the Special Tax Liability for such Improvement Area, as may be the case in the early years of development, the district wi1llevy the special tax on the vacant land within such Improvement Area starting with Final Mapped Property. The buffer of having the vacant land covering any portion of the Special Tax Liability not funded from special taxes levied on Developed Parcels within an Improvement Area will disappear once the Improvement Area has been fully developed. If the Special Tax Liability for any fiscal year for an hnprovement Area is less than the maximum special tax authorized to be levied on the Developed Parcels within such hnprovement Area, the actual rate of the special taxes to be levied on such Developed Property in that specific year will be reduced accordingly. Following is a brief discussion of some key issues regarding the "Rate and Method of Apportionment (RMA) of Special Taxes" proposed to be established for territory proposed to be annexed to CFD 97-2 and designated as Improvement Area A: (See Exhibit "A" for full description ofRMA): · The Maximum Special Tax Rates increases each year by a factor equal to the lesser of the annual percentage change in the January to January San Diego Metropolitan Area all Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter.Per Capita Personal Income as contained in the Governor's Budget published every year. · The RMA provides that the annual budget for any year may include an amount deemed necessary to maintain an adequate level of this operating reserve fund. · The maximum special tax rates are based on the original Rate and Method of Apportionment of special taxes established for CFD 97-2 when CFD 97-2 was formed. If the actual square footage of development within Improvement Area A meets or exceeds the projections on which the special tax rates were based, the actual special tax rate necessary to be levied annually within Improvement Area A 1-3 Page 4, Item L Meeting Date 06/07/05 to fund the Special Tax Liability for Improvement Area A may be less than the authorized maximum special tax. Proposed Maximum Special Taxes The proposed maximum special tax rates for fiscal year 2004/05 for hnprovement Area A ofCFD 97-2 are as follows: Table 1. Maximum Special Tax for Monitoring Special Tax Category Table 2. Maximum Special Tax for OperatioDS & MainteDaDce Special Tax Category Maximum Special Tax o erations & MaintenaDce $0.0090 $145.9707 $145.9707 $94.2100 Resolutions There are two resolutions on today's agenda, which, if adopted, will accomplish the following: The RESOLUTION ADOPTING THE ANNEXATION MAP is the formal action adopting the Annexation Map No.5 setting forth the boundaries of the territory proposed to be annexed to Improvement Area "A" of Community Facilities District No. 97-2 (Preserve Maintenance District). The RESOLUTION OF INTENTION is the jurisdictional resolution declaring the intention of the City Council to authorize the annexation of the territory within Annexation Map No.5 to Community Facilities District No. 97-2 (Preserve Maintenance District)and Improvement Area A, thereto, to authorize the levy of a Special Tax, and to set the time and place for the public hearing. 1-4 Page 5, Item ~ Meeting Date 06/07/05 Future Actions The public hearing and consideration of the adoption of a resolution submitting the authorization for the levy of special taxes to the qualified electors are scheduled for the City Council meeting of July 12, 2005, at 6:00 P.M. FISCAL IMPACT All costs of annexation to the district are being borne by the developers and the on-going administration will be funded entirely by the district. The City will recover full staff cost involved in the annexation proceedings and district administration in perpetuity. Exhibits: "A" Rate and Method of Apportionment "B" Annexation Map J:\Engineer\Landdev\Projects\McMil1in Otay Ranch\CFD12M\CFD 97-2 Ann 5 staff agenda for Intent Meeting FINAL.doc 1-5 EXHIBIT "A" CITY OF CHULA VISTA COMMUNITY FACIUTIES DISTRICT NO. 97-2, ANNEXATION NO.5 RATE AND METHOD OF APPORTIONMENT IMPROVEMENT AREA A (Village 7, McMillin and Otay) A Special Tax of Community Facilities District No. 97-2 (preserve Maintenance District) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area A, Annexation No.5, of the CFD and collected each Fiscal Year commencing in Fiscal Year 2005-06 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, 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 Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes, including salaries of City employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to administer Area A of the CFD as determined by the City. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. City of Ch.la Vista CFD No. 97-2, Annexation No.5, fA A, Village 7 (McMillin and Otay) 04/20/2005 Page 1 1-6 "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "Building Square Foot or Square Footage" means the square footage as shown on an Assessor's Parcel's building permit of Residential Property excluding garages or other structures not used as living space. "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" means Community Facilities District No. 97-2 of the City of Chula Vista. "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Property" or "CPF Property" means all Assessor's Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No, 2452. "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit was issued prior to the March 1st preceding the Fiscal Year in which the Special Taxis being levied. "Final Map Property" means a single family residential lot created by a Final Subdivision Map, but which is not classified as Developed Property. "Final Subdivision Map" means a subdivision of property creating single family residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. City of Chula Vista CPD No. 97-2, Annexation No.5, IA A, Village 7 (McMillin and Otay) 04/20/2005 Pagel 1-7 "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area A" or "Area A" means Improvement Area A of the CFD, as identified on the boundary map for the CFD as amended from time to time. "Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a structure or structures for non- residential use. "Operating Fund" means a fund that shall be maintained within the CFD for each Fiscal Year to pay for Resource Monitoring and! or Preserve Operations and Maintenance activities and Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Operating Fund Requirement" means for any Fiscal Year an amount equal to the Resource Monitoring Fund Requirement and the Preserve Operations and Maintenance Fund Requirement for the current Fiscal Year in which Special Taxes are levied. "Preserve Operations and Maintenance" means those actIvItIes described m Attachment A hereto which is incorporated herein by this reference. "Preserve Operations and Maintenance Fund Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Preserve Operations and Maintenance plus a pro-rata share of the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. "Property Owner Association Property" means any property within the boundaries of Area A of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. "Public Property" means any property within the boundaries of Area A of the CFD that is, at the time of the CFD formation, expected to be used for any public purpose City of Chu/a Vista CFD No. 97-2, Annexation No.5, IA A, Village 7 (McMillin and Dtay) 04/20/2005 Page] 1-8 and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency. "Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, working capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Balance" means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one or more residential dwelling unit. "Resource Management Plan" means the Otay Ranch Phase 1 Resource Management Plan also referred to as "The Otay Ranch Resource Management Plan" dated October 28,1993, and the Otay Ranch Phase 2, Resource Management Plan dated June 4,1996, as both such plans may be amended from time to time. "Resource Monitoring Program" means those described III Attachment B hereto which is incorporated herein by this reference. "Resource Monitoring Fund Requirement" means for any Fiscal Year an amount for Improvement Area A equal to Improvement Area A's fair share of the budgeted costs of the Resource Monitoring Program plus a pro rata share of the budgeted Administrative Expenses of the CFD for the current Fiscal Year in which Special Taxes are levied. Improvement Area A's "fair share" shall be based on Improvement Area A's percentage of the total acreage within the Otay Ranch General Development Plan Planning Area for which a Resource Monitoring Program funding mechanism has been established. "Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in Area A to fund the Special Tax Requirement. City of Cbula Vista CFD No. 97-2, Annexation No.5, IA A, Village 7 (McMillin and Otay) 0412012005 Page 4 1-9 "Special Tax Requirement" means that amount required in any Fiscal Year for Area A to: (D pay the Resource Monitoring Fund Requirement, and Preserve Operations and Maintenance Fund Requirement, less the Operating Fund Balance, and (ii) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (üi) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of Area A of the CFD that are not exempt from the Special Tax pursuant to law or as defined below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. City of Chu/a Vista CFD No. 97-2, Annexation No.5, IA A, Village 7 (McMillin and Otay) 0412012005 Page 5 1-10 B. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX Each Fiscal Year using the definitions above, all Taxable Property within Area A of the CFD shall be classified as Category I, Category II, Category ill or Exempt. Developed Property, Final Map Property or Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. C. MAXIMUM SPECIAL TAX RATE Category I Category I includes Developed Property within the District ("Category 1"). The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance for Fiscal Year 2004-05 on Developed Property are the rates set forth in Table 1 below. For Residential Property, the Special Tax shall be levied based upon Building Square Footage and for Non-Residential Property shall be levied based on Acreage. TABLE 1 Maximum Special Tax for Category I Community Facilities District No. 97-2 Improvement Area A (Fiscal Year 2004-05) Description Resource Operation & Monitoring Maintenance Residential $0.0057 $0.0090 Non-Residential $91.9458 $145.9707 Category II Category II includes each Assessor's Parcel of Taxable Property within the District for which a Final Map has been recorded, but which is not classified as a Developed Parcel ("Category II"). The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance approved for Fiscal Year 2004-05 on each Assessor's Parcel in Category II City of Chula Vista CFD No. 97-2, Annexation No.5, IA A, Village 7 (McMillin and Otay) 04/20/2005 Page 6 1-11 is the rate set forth in Table 2 below (said amount to be levied pro rata for any portion of an Acre). TABLE 2 Maximum Special Tax for Category II Community Facilities District No. 97-2 Improvement Area A (Fiscal Year 2004-05) Resource Monitoring $91.9458 per Acre Oneration & Maintenance $145.9707 per Acre Category III Category III includes each Parcel of Taxable Property within the District not subject to Special Tax under any other category ("Category III"). The Maximum Special Tax approved for Fiscal Year 2004-05 on Taxable Property within Category III is the rate set forth in Table 3 below (said amount to be levied pro rata for any portion of an Acre). TABLE 3 Maximum Special Tax for Category III Community Facilities District No. 97-2 Improvement Area A (Fiscal Year 2004-05) o Exempt Category The Exempt Category includes each property owned, conveyed or irrevocably offered for dedication to a public agency, or land which is in the public right-of-way, unmanned. utility easements which make utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parks, and open space lots ("Exempt Category"), City of Chu/a Vista CFD No. 97-2, Annexation No.5, IA A, Village 7 (McMillin and Otay) 04/20/2005 Page 7 1-12 Special Cases In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class and be considered" Special Case". The Maximum Special Tax that may be levied on an Assessor's Parcel identified as Special Case shall be the sum of the Maximum Special Tax levies that may be levied on all Land Use Classes located on that Assessor's Parcel. The CFD Administrator's shall determine the allocation to each Land Use Class. Annual Escalation of Maximum Special Tax The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in Area A shall be increased each Fiscal Year beginning in Fiscal Year 2005-06 for Annexation No. 5 and thereafter by a factor equal to the lesser of the annual percentage change in the January to January San Diego Metropolitan Area all Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's Budget published every year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2005-06, and for each following Fiscal Year, the Council shall levy the Area A Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: Step 1: Determine the revenue which could be generated by Parcels assigned to Category I by multiplying the Building Square Footage for Parcels classified as Residential Parcels by the Maximum Special Tax per Building Square Foot for Resource Monitoring; and Preserve Operations and Maintenance for Parcels and . adding to that the maximum revenue which could be generated by multiplying the total acres for Parcels classified as Non-Residential Parcels by the Maximum Special Tax per Acre for Resource Monitoring and Preserve Operations and Maintenance. Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special Tax Liability for Improvement Area A, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Year, Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability for Improvement Area A, a Special Tax shall be levied upon each Parcel within City of Chu/a Vista CFD No. 97-2, Annexation No.5, IA A, Village 7 (McMillin and Otay) 04/20/2005 Page 8 1-13 Improvement Area A, classified as Category II. The Special Tax for Parcels assigned to Category II shall be calculated as the lesser of: (i) The Special Tax Liability for Improvement Area A as determined by the City, less the total revenue generated for all Parcels under Step 1 above, divided by the total Acres for all Parcels within Improvement Area A assigned to Category II, OR (ii) The Maximum Special Tax rate for Parcels assigned to Category II. Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax Liability, for Improvement Area A, a Special Tax shall be levied upon each Parcel within Improvement Area A classified as Category ill. The Special Tax for Parcels assigned the Category ill shall be calculated as the lesser of: (i) The Special Tax Liability for Improvement Area A as determined by the City, less the total revenue generated for all Parcels under Step 1 and 3 above, divided by the total Acres for all Parcels within Improvement Area A assigned to Category ill, OR (ii) The Maximum Special Tax rate for Parcels assigned to Category ill and within Improvement Area A. However, in the event it is determined that the Special Tax Liability for Improvement Area A ìncludes delinquent Special Taxes from Parcel in Category ill from the prior Fiscal Year, the City shall determine the amount of delinquent taxes that arose from such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if any, that arose from the applicable owner(s) shall first be divided by the total Category ill Acres owned by such owner(s) and collected from the applicable owner(s) with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from all Parcels in Category ill according to the procedure set forth in the preceding paragraph. Notwithstanding the above, under no circumstances wì1l the Special Tax levied against any Assessor's Parcel of Residentìal Property or Multi-Family Property for which an occupancy permit for private residentìal use has been issued be increased by more than City of Chu/a Vista CFD No. 97-2, Annexation No.5, IA A, Village 7 (McMillin and Otay) 04/20/2005 Page 9 1-14 ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Area A of the CFD. E. APPEALS Any landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFD, a special three-member Review! Appeal Committee. The Review! Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review! Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review! Appeal Committee shall be final and binding as to all persons. F. MANNER OF COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of Area A of the CFD or as otherwise determined appropriate by the CFD Administrator. G. TERM OF SPECIAL TAX Taxable Property in Area A of the CFD shall remain subject to the Special Tax in perpetuity. City of Chula Vista CFD No. 97-2, Annexation No.5, fA A, Village 7 (McMillin and Otay) 04/20/2005 Page 10 1-15 Attachment A Description of Preserve Operations and Maintenance Preserve Operations and Maintenance includes the maintenance, operation and management of the public or private property within boundaries of the Otay Ranch Preserve, as such boundaries may be modified from time to time, required by the Resource Management Plan to be maintained as open space or habitat preservation land or both. Such maintenance, operations and management shall include, but not be limited to, the following: · Preserve Maintenance. Development, implementation and ongoing provision of programs to maintain, operate and manage preserve habitat values through: cultivation, irrigation, trimming, spraying, fertilizing, and/or treatment of disease or injury; removal of trimmings, rubbish, debris and other solid waste; maintenance of trails; removal and control of exotic plant species (weeds); and control of cowbirds through trapping. · Security. Development, implementation and ongoing provision of security programs to: enforce "no trespassing" rules; curtail activities that degrade resources, such as grazing, shooting, and illegal dumping; remove trash, lirter, and other debris; control access; prohibit off-road traffic; and maintain fences and trails. · Preserve improvements: Acquire equipment and/or install improvements necessary to maintain, operate and manage the open space and habitat preservation land described above. The above description of the Preserve Operations and Maintenance is general in nature, The actual maintenance, operations and management of the open space and habitat preservation land within the Otay Ranch Preserve may be modified from time to time as necessary in order to effectively provide such services in compliance with the requirements of the Resource Management Plan. City of Ch.la Vista CFD No. 97-2, Annexation No.5, IA A, Village 7 (McMillin and Otay) 04/20/2005 Pagel1 1-16 Attachment B Description of Resource Monitoring Implement the annual biota monitoring and reporting program consistent with the Resource Management Plan to identify changes in the quality and quantity of preserve resources including wildlife species, sensitive plants and sensitive habitat types. The above description of the Resource Monitoring is general in nature. The actual monitoring and reporting program may be modified from time to time as necessary in order to effectively provide such services consistent with the requirements of the Resource Management Plan. City of Chu/a Vista CFD No. 97-2, Annexation No.5, fA A, Village 7 (McMillin and Otay) 04/20/2005 Page 12 1-17 ~ .... '" '" :I: en ,..... I- Ü 0:: I- (f) 0 W Ü z ..: z W I- Z ..: ~ W > 0:: r, LOW..: r, .(f) ~ OW..: zo::W <0< 0.. ~ 0..-.....;0:: ....'-'- en"'Z ~ ":N": 55:5 ~ <z!:!:: ~II- -,<-' =>",< Z"""r5 :I: U 1-1 U"""" OO">~ °0 ~ "">- I- W 0....'" 1-1 ..: .> ~3t;:: XOO cst;; == WZo:: ZI-o.. ~ ZÜ~ ..:-- ~ ~ (f) 0 (f) W F -1 Ü ..: u.. >- I- Z ::J ~ ~ 0 U ~ ~~ I II~i: ;~'¡¡i ~~i~gi ~t~;i~ ~ I!~~~i ~ ~~~;~~ ¡¡~ !U(;i * ~~I~: ~ ¡sgj!!~ ~ ~;i~i ~ e!~~~ i~~~¡¡~ _!>~~~ ~ > ~ . ~ ¡!~: ;m ~~~~ ~ig ~II:~ ~~~ ~~~~ ~~N ~~~ g ~ I>~ ~ ; Š~ ~ a ",dl: 1!5 h r¡i ~ ~i ~ ~I~ ~. ; ~~~ ;. ~ ~.~ ~; :i ~!!; ii n i;~I~ .¡;~ ~~ ~~ ~ ~~!3 ~~ ~I! S 9~~ ~~ ~.~. ~Š~ ." !i!~g~ ~~~ !~ ~~.~ li~ ~i ~~~~ 8. ~~! ~~ s>~ ~~~ S ~ S ~~~:¡i §~~ d~ 8~ ~~~I§ ..~ .. ~i . ~~~ ~~~ ~e U¡~ æ §g~ d~ ~ã i;~~; dO:: ¡!:o if]~ 15. :::.::::« c::O La.. ffict: :-----I' J ',\},\>ld 3~VlJ.SV3 ~ ~ ,;~ ~ .$ ~ c- t¡ ~~ ~" ~ ~~ . ~ ffi~ ,. 9> ~ ~ * d~ c ¡:¡i z i3 · ~ ~~ , · z ~ . ~~ ~ ~ ~ z · ~ . ~. ~ · , zi!i · ~ ª z ~¡¡ ~ · .. c G "" ~ § Q. U ~ 88 UldJ.J. ~z__ ~~U <CI.~! .. ". ~~ _N r ...-< S <d I ....... § Ü Ii ~ Ii .S ~ ~~ ~ í ~§ C i :J ~~~- :E i!U Ij ~ Q ~ > i a , ;; ., . RESOLUTION NO. DRAFT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING AN ANNEXATION MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED TO IMPROVEMENT AREA "A" OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (ANNEXATION NO. 5) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA; CALIFORNIA, ("City Council"), formed a Community Facilities District and certain improvement areas therein pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers feserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District") and the hnprovement Areas were designated as IMPROVEMENT AREA "A" and IMPROVEMENT AREA "B" of such District ("Improvement Area 'A'" and "Improvement Area 'B''', fespectively); and, WHEREAS, the City Council desires to initiate proceedings to annex certain property to Improvement Area "A" thereof; and WHEREAS, thefe has been submitted a map entitled "Annexation Map No.5 To Community Facilities District No. 97-2 (Preserve Maintenance District), Improvement Area "A", City Of Chula Vista, County Of San Diego, State Of California" (the "Annexation Map") showing the territory proposed to be annexed to Improvement Area "A" of the District (the "Territory"). NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. The Annexation Map showing the Territory proposed to be annexed to Improvement Area "A" of the Distfict and to be subject to the levy of a special tax is hereby approved and adopted. SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy of Annexation Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption ofthe Resolution fixing the time and place of the hearing on the intention to annex Of extent of the annexation to Improvement Area "A" of the District, a copy of such map shall be filed with the correct and proper endorsements thereon with the RVPU8\MUM\691695.1 1-~ 9 DRAFT TlASJO County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. PREPARED BY: APPROVED AS TO FORM BY: Sohaib AI-Agha City Engineer R VPUBIM UMI691695.! 2 1-20 '4 ! DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "A" THERETO (ANNEXATION NO.5) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, ("City Council"), formed a Community Facilities District and designated certain improvement areas therein pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State of California (the "Act"), and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of Cali fomi a (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District") and the Improvement Areas were designated as IMPROVEMENT AREA "A" and IMPROVEMENT AREA "B" of such District ("Improvement Area' A'" and "Improvement Area 'B"', respectively); and, WHEREAS, the District was formed for the purpose of financing the monitoring, maintenance, operation and management of public property required to be maintained as open space or habitat preservation or both; and WHEREAS, Improvement Area "A" was established to finance Preserve Operations and Maintenance plus a pro-rata share of Administrative Expenses of the District as such terms are defined in the rate and method of apportionment of special taxes (the "Special Tax Formula") attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, certain territory is proposed to be annexed to the District and Improvement Area "A" thereto and such territory shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A," ANNEXATION NO.5 (the "Territory"). WHEREAS, this legislative body now desires to proceed to adopt its Resolution of Intention to annex the Territory to Improvement Area "A", to describe the territory included within Improvement Area "A" and the Territory proposed to be annexed thereto, to specify the services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such services, and to set a time and place for a public hearing relating to the annexation of the Territory to the Improvement Area "A"; and, R VPUBIM UM1691698.1 1-21 1 1!.>...... , . .\ i . "t ~"', .." \ ~ I i A" ,,- ~',..c WHEREAS, a map showing the Territory proposed to be annexed has been submitted, which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings. DRAFT NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. The above recitals are all true and correct. LEGAL AUTHORITY SECTION 2, These proceedings for annexation are initiated by this City Council pursuant to the authorization of the Community Facilities District Law. INTENTION TO ANNEX; DESCRIPTION OF TERRITORY SECTION 3. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and hnprovement Area "A" thereto and this City Council declares its intention to annex the Territory to the District and Improvement Area "A" thereto. A description of the boundaries and Territory proposed to be annexed is as follows: All that Territory proposed to be annexed to the District and Improvement Area "A" thereto, as such property is shown on a map as previously approved by this legislative body, such map designated by the number of the annexation and the name of the existing District, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within and previously annexed to the District, as such property is shown on maps of the original District and territory previously annexed as approved by this City Council and designated by the name of the original District and Annexation Nos. 1 through 3. A copy of such maps are on file in the Office of the City Clerk and have also been filed in the Office of the County Recorder. NAME SECTION 4. The proposed annexation shall be known COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE DISTRICT), IMPROVEMENT AREA "A," ANNEXATION NO.5. and designated as MAINTENANCE RVPUB\MUM\691698.1 1-12 DRAFT SERVICES AUTHORIZED TO BE FINANCED BY THE DISTRICT SECTION 5. The services that are authorized to be fmanced by the District from the proceeds of special taxes levied within hnprovement Area "A" are certain services' which are in addition to those provided in or required for the territory within hnprovement Area "A" and will not be replacing services already available. A general description of such services to be financed by the District is as follows: The monitoring, maintenance, operation and management of public property in which the City has a property interest and which conforms to the requirements of the Ordinance or private property within the Otay Ranch Preserve which is required by the Preserve Owner/Manager to be maintained as open space or for habitat maintenance or both. Such property may be located outside the boundaries of the District and outside the jurisdictional boundaries of the City of Chula Vista. Such services shall not include the maintenance, operation and/or management of any property owned, maintained, operated and/or managed by the federal and/or state government as open space, habitat maintenance and/or for any other purpose. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the such monitoring, maintenance, operation and management of such public property. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within Improvement Area "A" are the types of services to be provided in the Territory. If and to the extent possible such services shall be provided in common within the District and the Territory. SPECIAL TAXES SECTION 6. It is the further intention of this City Council body that, except where funds are otherwise available, a special tax sufficient to pay for such services and related incidental expenses authorized by the Community Facilities District Law, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A" (the "Special Tax Formula"), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the same services in Improvement Area "A," except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the services in the Territory is higher or lower than the cost of providing those services in Improvement Area "A." Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher that the maximum special tax authorized to be levied pursuant to the Special Tax Formula. R VPUBIMUMI691698.! 1-13 DRAFT The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. The maximum special tax rate in Improvement Area "A" shall not be increased as a result of the annexation of the Territory to Improvement Area "A." PUBLIC HEARING SECTION 7. NOTICE IS GIVEN THAT ON JULY 12,2005, AT THE HOUR OF 6:00 PM CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT AND IMPROVEMENT AREA "A" THERETO, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY M'Y INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. MAJORITY PROTEST SECTION 8, If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one- half or more of the area ofland in the territory included in the District, or (d) owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to the District in the future and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the issue discussed at the public hearing. RVPU8\MUM\691698.1 1-}4 -,- DRAFT ELECTION SECTION 9. Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. NOTICE SECTION 10. Notice of the time and place of the public hearing shall be given by the City Clerk by publication in the legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. PREPARED BY: APPROVED AS TO FORM BY: Sohaib Al-Agha City Engineer R VPUBIMUMI691698.1 1-f5 COUNCIL AGENDA STATEMENT ItemL Meeting Date 06/07/05 ITEM TITLE: A. Resolution of the City Council of the City of Chula Vista, California, adopting a boundary map showing the boundaries of the territory proposed for mclusion m proposed Community Facilities District No. 12M (Village 7) B. Resolution of the City Council of the City of Chula Vista, California, declaring its mtention to establish Community Facilities District No. 12M (Village 7) and to authorize the levy of a special tax therem to finance certam services C. Resolution of the City Council of the City of Chula Vista, California, ordering and directing the preparation of a Community Facilities District Report for proposed Community Facilities District No. 12M (Village 7) SUBMITTED BY: City Engmeeré3k- City ManageP (4/5thsVote:Yes_No X) REVIEWED BY: McMillin Otay Ranch LLC and Otay Project LP have requested the City conduct proceedings to consider the approval of the formation of Community Facilities District No. 12M (CFD No. 12M). The conditions of approval of the tentative map for Village 7 McMillin and Village 7 Otay Ranch require that said CFD be formed prior to issuance of the first production home building permit. This district will fund the perpetual operation and mamtenance of slopes, medians and parkways and storm water treatment facilities associated with Village 7. The City has retained the services of MuniFmancial as special tax consultant and Best Best and I<::rieger U"P as legal counsel to provide assistance during the proceedings. Tonight's action will initiate the formal proceedings to consider the establishment of CFD No. 12M. RECOMMENDATION: That Council: 1. Approve the resolution adopting the boundary map for Community Facilities District No. 12M, 2-1 Page 2, Item ~ Meeting Date 06Jfi7T05 2. Approve d1e resolution declaring the intention to establish Community Facilities District No. 12M and to levy a special tax to fInance certain services, and 3. Approve the resolution ordering and cfuecting the preparation of the "Community Facilities District Report" for Community Facilities District No. 12M, BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On January 13, 1998, Council adopted the "City of Chula Vista Statement of Goals and Policies regarding the establishment of Community Facilities Districts" (the "Goals and Policies"). The approval of this document ratifIed the use of CFDs as a public fmancing mechanism for (1) the construction and/or acquisition of public infrastructure, and (2) the financing of authorized public services. Taxes levied by maintenance districts, such as CFD No. 12M, are currendy excluded from the 2% maximum tax criterion set forth in the Goals and Policies. On April 28, 1998, Council, acting under its Charter aud10rity, enacted the "Chula Vista Community Facilities District Ordinance" (the "Ordinance"). The Ordinance adopted the Mello-Roos Act with modifIcations to accomplish the following: 1) incorporate all maintenance activities allthorized by the "Landscaping & Lighting Act of 1972" ("1972 Act"), 2) include certain maintenance activities not listed in d1e "Mello-Roos Act" or the "1972 Act", and 3) establish an operating reseIVe fund for open space dist1~cts. CFD 12M will provide the necessary funding for the operaaon and maintenance of public landscaping and storm water improvements serving Village 7 (McMillin and OtayProject LP) by levying an annual "special tax", which is collected from the property owners within CFD 12M in conjunction with the property taxes. There is no direct cost to the City. All expenses related to the district achninistration, including levying and collecting the special taxes, are also funded from such special taxes. The proposed CFD No. 12M is consistent with d1e above-mentioned Ordinance and the Goals and Policies. In addition, staff has met with the developer to discuss their concerns, clarify the intent of the Goals and Policies and Ordinance, and review the proposed special tax rates and the methodology for the apportionment of the special taxes. All of the issues raised by the developers have been discussed and solutions, satisfactory to all parties, have been incorporated in the "Rate and Method of Apportionment" (the "RMA") (Exhibits A and B) The RJ.'ÆA has also been modeled after similar open space maintenance districts in the surrounding area. Staff, the legal counsel, and the special tax consultant have reviewed the proposed RMA and consider it ready for council approval. 2-2 Page 3, Item ~ Meeting Date 06107/05 Area of Benefit The proposed boundaries of CFD No. 12M encompass parcels located within the Village 7, an Urban Village located east of La Media Road and n01"th of Rock Mountain Road. The district will be divided into two Improvement Areas based on benefit and developer, one for McMillin Otay Ranch LLC and the other for Otay Project LP. McMillin Otay Ranch LLC owns 100% of the property within Improvement Area No.1. Otay Project LP owns 100% of the property within Improvement Area No.2. McMillin Otay Ranch LLC is proposed to contain approximately 538 single-family detached homes and 221 multi-family units (67.14 net acres), a public elementary school (11.50 acres), a park (7.61 acres) and Community Purpose Facility ("CPF") property. The public park and school will not be the subject to the special tax. Otay Project LP Village 7 is proposed to include 361 single-family detached residences (50.99 net acres), open space areas and CPF property. A 50-acre Federal Aviation Administration-owned navigational site rv ortac Site) located within the village will be excluded from the CFD as will the site of High School No. 13. Staff has reviewed the proposed boundary map and has found it acceptable and ready for approval by Council. A reduced copy of the map is presented in Exhibit "C". Description of the Improvements to be Maintained The proposed CFD No. 12M will fund the operation and maintenance of the public landscaping and storm water treatment improvements within Village 7. A complete list of such improvements is presented in Exhibit "D". Cost Estimate The estimated annual budget for CFD No. 12M is approximately $ $959,951. This budget includes a total of $919,951 (includes additional 10% to fund an operating reserve) for maintenance, and $40,000 for CFD adnlinistration (preparing reports, levying and collecting taxes, public assistance, etc.) by the Engineering Department. Staff (public Works/Operations and Engineering) and MuniFinancial have reviewed and approved the proposed budget. Exhibit "E" and Exhibit "F" contain detailed annual budgets for each of the improvement areas of the district at buildout. Proposed Special Tax CFD 12M has four proposed categories of taxation, as follows: · Residential Developed Parcels (Single Family and Multi-Family Residences) are taxed based on the square footage of the structure. · Commercial Parcels are taxed on the acreage of the parcel. · The Final Mapped properties which include all single family residential parcels for which a building permit has not been issued are taxed on acreage of the parcel. · Vacant land (Other Taxable property) is taxed on acreage of the parcel. 2-3 Page 4, Item c;;L Meeting Date 06/07/05 · The Exempt Category includes all publicly owned parcels, Homeowner's Association parcels, and CPF property owned by non-profit organizations. Developed Parcels are those parcels for which a builcling permit has been issued. The proposed maximum special tax rate in the JUv[A on all Developed Parcels was determined by dividing the estimated annual budget at buildout (Plus an operating reserve allocation of 10% of the al11lual budget) by the total estimated square footage of development at buildout. The proposed maximum special tax rate in the RLvLA on vacant land has been determined by divicling the estimated al11lual budget at buildout (Plus a reserve allocation of 10% of the al11lual budget) by the estimated net lot acreage within the district. Collection of Taxes At the beginning of each fiscal year the City shall determine the amount of the Special Tax liability (budget plus reserve) of each Improvement Area. Then, the special taxes will first be levied on the Residential Developed Parcels. If this pool of funds is not enough to fund the Special Tax Liability, as may be the case in the early years of development, the district will levy the special tax on the vacant land starting with Final Mapped Property. The buffer of having the vacant land covering any portion of the Special Tax Liability not funded from special taxes levIed on Residential Developed Parcels will disappear once the area has been fully developed. If the Special Tax Liability for any fiscal year is less than the maximum special tax authorized to be levied on the Developed Parcels, the actual rate of the special taxes to be levied in that specific year will be reduced accordingly. Following is a brief discussion of some key issues regarding the "Rate and Method of Apportionment (RNLA) of Special Taxes": (See Exhibits "A" & "B" for full description of RNIA) · The maximum special taxes rates shall be adjusted each year for inflation using a factor equal to the increase, if any, of the annual change of the San Diego Consumer Price Index. · The Orclinance requires that the developer maintain the landscape improvements for the nlÍnimum period of one year following theÍJ: completion. During this period the District will collect the special taxes with the purpose of builcling up a six months operating reserve. The RNLA provides that the annual budget for any year may include .an ülnount deemed necessary to lnaintain an adec.1uate level of this operating reserve fund. · The special tax formula provides that any cost due to delinquent special taxes on vacant land shall be apportioned to the Improvement Area where the delinquent parcels are located. 2-4 Page 5, Item ~ MeetiDg Date 06/07/05 . The annual budget used to calculate the special tax rates are only the "best estimates" of the cost of maintenance at buildout. There is always a risk that actual expenses in future years may be higher than the total maximum collectable special taxes. This may result in reduced levels of maintenance of bndscaping, unless the property owners approve an increase in the special tax rates (2/3 voter's approval is reqUÌl:ed), which is considered unlikely. Staff believes, however, that the proposed maximum special tax rates contain enough of a cushion in the operating reserve, the inflation adjustment, and the assumed reduction of total square footage of development to minimize the risk of future special tax revenue shortfalls. Proposed Maximum Special Taxes The proposed maximum special tax rates for fiscal year 2005/06 for a typical dwelling unit within Improvement Area No.1 of CFD 12M is as follows: Unit T e with Avera e S uare Foota e Single Family Detached (Average Product Proposed 1,917 S uare Feet Multi-Family Attached (Average Product Proposed 1,308 S uare Feet) Vacant Land McMillin $753.38 $51404 $7,728.42/ Acre The proposed maximum special tax rates for fiscal year 2005/06 for a typical dwelling unit within Improvement ALea No.2 of CFD 12M is as follows: Unit T e with Avera e S uare Foota e Single Farnily Detached (Average Product Proposed 2,775 S uare Feet Single Family Detached (Average Product Proposed 1,712 Square Feet) Vacant Land Ota $1,490.17 $919.34 $8,649.72 / Acre Resolutions There are three resolutions on today's agenda, which, if adopted, will accomplish the following: The RESOLUTION ADOPTING THE BOUNDARY J\,IAP is the formal action adopting the map and setting forth the boundaries of the proposed Community Facilities District No. 12M. The RESOLUTION OF INTENTION is the jurisclictional resolution declaring the intention of the City Council to establish the proposed Comniunity Facilities District No. 12M, authorize the levy of a Special Tax, and set the time and place for the public hearing. 2-5 Page 6, Item ;.¿ Meeting Date 06/07/05 TIoe RESOLUTION ORDERING THE PREPARi\.TION OF TI-IE "COMMUNITY FACILITIES DISTRICT REPORT" is the formal action of d1e City Council directing the preparation of a detailed report containing a description of the services and its estimated cost for the proposed Community Facilities Disl:1~ct No. 12M. Future Actions The public hearing and consideration of d1e adoption of a resolution forming and establishing CFD No. 12M, and submitting the authorization for the levy of special taxes to the qualified electors are scheduled for the City Council meetlng of July 12, 2005 at 6:00 P.M. FISCAL IMPACT All costs of formation of the disl:1~ct are being borne by the developers and the on-going administration will be funded entirely by the district. The City will receive the benefit of full cost recovery for staff cost involved in the following activities: 1) District formation (Staff cost estimated at $50,000 and 2) district admlillstration in perpetuity (estimated annual staff cost each year is $23,850 and an additional $11,000 for the contractual administration for the Engineering Division.) Exhibits: "A" Rate and Method of Apportionment for Improvement Area No.1 (NIcI'vWlin) "B" Rate and Method of Apportionment for Improvement Area No.2 (Otay Ranch) "C" Boundary Map "D" List of Public Facilities to be maintained "E" Annual Budget for Improvement Area No.1 (NIclvIillin) "F" Annual Budget for Improvement Area No.2 (Otay Ranch) ):\L':n,l,rinct:r\J.anduL'\-\Prnir.:cts\l\fc!\'!iUin UGlY Ranch\CFD12J\I\CI,'t) 121\[ :-;mF(·,l.L;(:nda [Of Intt:nt 1\[l:l.:tmg ·lnaI2.Joc 2-6 Exhibit "A" CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 12M RATE AND METHOD OF APPORTIONMENT FOR IMPROVEMENT AREA NO.1 (McMillin Otay Ranch) A Special Tax of Community Facilities District No. 12M (Village 7) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area No.1 of the CFD and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, 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 follo,ving 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 Subdivision Map, other fInal map, other parcel map, other condominium plan, or functionally e'1llivalent map or instmment recorded in the Offlce of the County Recorder. The square footage of an Assessor1s Parcel is el..1ual to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 ofTicle 5 of the Government Code of the State of Califomia. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes, including salaries of City employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing serrices related to the formation and adminisaatlon of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to form or administer IA No.1 of the CFD as determined by the City. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel NIap with an assigned assessaes parcel number. "Assessor's Parcel Map" means an offlcial map of the Assessor of the County designating parcels by.-assessor's parcel number. "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" means Community Facilities District No. 12M of the City of Chub Vista. City of ClJUla Vista f;FD No. 12M, 1A No. I, Village 7 OS/21/05 Pllge 1 2-7 "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chub Vista or his or her designee. "City Manager" means the City Manager for the City of Chub Vista or his or her designee. "Community Purpose Facility Property" or "CPF Property" means all Assessor's Paxcels which are classified as community pmpose facilities, as detined in the City of Chula Vista Ordinance No. 2883. "Council" means the City Council of the City of Chub Vista, acting as the legislative body of the CFD. "County" l'neans the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit is issued after Januaxy 1, 2006, but prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied. "Final Map Property" means a single family residential lot created by a Final Subdivision Map, but which is not classitied as Developed Property. "Final Subdivision Map" means a subdivision of property creating single fmnily residential buildable lots by recordation of a tinal subdivision map or parcel map pursuant to the Subdivision Map Act (Califomia Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued withoLlt further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area No.1" or "IA No.1" rneans Improvel11ent Area No.1 of the CFD, as identitied on the boundary map for the CFD. "Land Use Class" means any of the classes listed in Table 1 or Table 2. "Landscape Maintenance" means the labor, lTI<lterial, <-1dnunistration, personnel, equipment and utilities necessary to rnaintain landscaped improvelTIents ·within the public right-oE-ways, parkways, slopes, wetlands and other public eaSelTIents!improvements throughout the CFD. "Landscape Maintenance Requirement" lTIeanS, for any Fiscal Year in which Special Taxes are· levied, the amount equal to the budgeted costs for Landscape 1\1aintenance applicable to IA No.1 for such Fiscal Year. "Maximum Special Tax" means with Section C below, that may be Taxable Property. the rnaXimU1TI Special Tax, determined in accordance levied in any Fiscal Year on any Assessor's Parcel oE City of CflUla Vista .CFD No. 12M, fA No. I, Village 7 05121105 Page 2 2-8 · "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a structure or structures for non-residential use. "Operating Fund" means a fund that shall be maintained for IA No.1 for each Fiscal Year to pay for Landscape Maintenance and Storm \Vater Quality Maintenance and Administrative Expenses. "Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable Landscape Maintenance Requirement and the applicable Storm Water Quality Maintenance Requiremen t. "Other Taxable Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Final Map Property, or Taxable Property Owners Association Property. This may include Residential or Non-Residential Property. "Property Owner Association Property" means any property within the boundaries IA No.1 of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each Land Use Class. "Public Property" means any property within the boundaries of IA No.1 of the CFD that has provided proof to the City prior to the March 1 st preceding the Fiscal Year in which the Special Tax is being levied, that it is expected to be used for any public purpose and is owned by or dedicated to the federal gover111nent, the State, the County, the City or any other public agency. "Reserve Fund" means a fund that shall be maintained for IA No.1 for each Fiscal Year to provide necessary cash flow for the fIrst six months of each Fiscal Year, reserve capital to cover monitoring, lTIaÌ.ntenanceand repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. "Residential Dwelling Unit" 11leans each separate residential dwelling unit which comprises an independent facility capable of conveY<1nce separate from adjacent residential units,. including but not limited to, single-family homes, duplexes, triplexes, townhomes, condominiums, and apartment units. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one Residential Dwelling Unit. City ofChula Vista CFD No. 12M, 1A No. I, Village 7 05121105 Page 3 2-9 "Special Tax" means the Special Tax levied pursuant to the provisions of Sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in L\ No.1 to fund the Special Tax Requirement. "Special Tax Requirement" means that amount recluired in any Fiscal Year for IA No.1 to: (a) (i) pay the Landscape Maintenance Requirement; (ii) pay the Storm Water Quality Maintenance Requirement; (iii) pay reasonable Admimstrative Expenses; (iv) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for funds available to reduce the annual Special Tax levy, including the excess, if any, in the Reserve Fund above the Reserve Fund ReL1uirement. "Square Foot" means the square footage as shown on an Assessor's Parcel's building permit of Residential Property, excluding garages or other structures not used as living space. "State" means the State of California. "Storm Water Quality Maintenance" lneans the lnaintenance of detention basins, storm drain.s, catch basin inserts, hydrodynamic devices, infiltration basins, and all other facilities that are directly related to stmm water quality control throughout IA No.1. "Storm Water Quality Maintenance Requirement" means for í1ny Fiscal Year an amount equal to the budgeted costs fm Stmm Water Quality Maintenance applicable to IA No.1 for the current Fiscal Year in which Special Taxes are levied. "Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No.1 of tl1e CFD that are not exempt from the Special Tax pursuant to law or as defined below under "Tax-Exelnpt Property". "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Property excluding Taxable Property Owner Association Property, or (iii) Assessor's Parcels deÜned as Community Purpose Facility Property that is owned by a non-profit organization and has provided proof to the City prior to the March 1st preceding the Fiscal Year in ,vhich the Special Tax is being levied of the organization's non-protìt statllS, or (v) Assessor's Parcels with public or utility easements n1aking in1practical their utilization for other than the purposes set forth in the easement. "Taxable Property Owner Association Property" means all i\ssociation Property which is not exempt from the Special Tax pursuant to Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. City of CIulla Vista CFD No. 12M, IA No, 1, Village 7 OS/21/05 Page 4 2-10 B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within IA No.1 of the CFD shall be classified as Developed Property, final Map Property or Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2. Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E below shall be taxed as Non-Residential Property when such Assessor's Parcel is classified as Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other Taxable Property. C. MAXIMUM SPECIAL TAX RATE L Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 12M Improvement Area No.1 Fiscal Year 2006-07 Land Storm Maximum Use Description Landscape Water Quality Special Tax Class Maintenance Maintenance 1 Residential $0.302 per Sq ft $0.091 per Sq Ft $0.393 per Sq Ft Property 2 Non - Residen tial $5,936.12 per Acre $1,792.30 per $7,728.42 per Acre Property Acre Multiple Land Use Classes In some instances an Assessor's Pa1"cel of Developed- Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on such an Assessor's P""cel shall be the sum of the Maximum Special Tax levies that may be levied on all Land Use Classes located on that Assessor's Parcel. The CFD Adtninistrator's shall determine the allocation to each Land Use Class. City ofChula Vista CFD No. 12M, fA No.1, Village 7 OS/21105 Page5 2-11 2. Undeveloped Property TABLE 2 Maximum Special Tax for Undeveloped Property Community Facilities District No. 12M Improvement Area No.1 Fiscal Year 2006-07 Land Landscape Storm Maximum Use Description Maintenance Water Quality Special Tax Class Maintenance 3 Final Map Property $5,936.12 per $1,792.30 per Acre $7,728.42 per Acre Acre 4 Other Taxable $5,936.12 per $1,792.30 per Acre $7,728.42 per Property Acre Acre 5 Taxable Property $5,936.12pe, $1,792.30 per Acre $7,728.42 per Owner Association Acre Acre Property 3. Annual Escalation of Maximum Special Tax The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in I1\ No.1 sball be increased each Fiscal Year beginning in Fiscal Year 2007 -08 and thereafter by a factor equal to the ,mnual percentage change in the San Diego Metropolitan f\rea All Urban Consumer Price Index (r\ll Items) as reported by the State of California Department of Finance. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Corrunencing with Fiscal Year 2006-07, and for each follo,ving Fiscal Year, the Council shall levy the IA No.1 Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied proportionately on each Assessor's Parcel of Developed Property up to 100% of the applicable Maximum Special Tax; 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 Final Map Property at up to 100';;, of the Maximum Special Tax for Final Map Property; City ofChula Vista CFD No. 12M, JA No. }. Village 7 OS/21/05 Page 6 2-12 Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for Other Taxable Property; Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Propertyfor which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel ,vithin IA No.1 of the CFD. E. EXEMPTIONS The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as Public Property, (ii) Assessor's Parcels defined as Community Purpose Facility Property that are owned by a non-profit organization which has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, and (ill) Assessor's Parcels ",;1.th public or utility easements making impractical their utilization. for other d1Jn the PU11)oses set forth in the easement. The CFD Administrator shall classify as exempt property those f\ssessor's Parcels defined as Property Owner's Association Property provided that no such classification would reduce the sum of all Taxable Property to less than 67.142 Acres. i\ssessor's Parcels defined as Property Owner Association Property that cannot be classified as exempt property will be classified as Taxable Property Owner Association Property and shall be taxed as part of the fourth step in Section D. The CFD Administrator will assign tax-exempt status in the chronological order in which property becomes Public Property or Community Purpose Facility Property or Tax-Exempt Property Owner Association Property. However, should an r\ssessor's Parcel no longer be classified as Public Property or Community Purpose Facility Property or Tax-Exempt Property O\.vner Association Property, its tax-exempt status will be revoked. Taxable Property Owner Association Property tbat is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the fourth step in Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property. F. APPEALS City of CllLila Vista CFD No. J 2M, fA No. J, Village 7 05121/05 Page 7 2-13 Any landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall fIrst consulr with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Adrrùnistrator may alTlend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner or resident believes sllch error still exists, such person may f¡]e a written notice ,vith the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the Gty I\Ianager who shall establish as part of the proceedings and adinil1istration of the CFD, a special three-member Review/Appeal C01nm1ttee. The Review/Appeal Comxnittee may est<1blish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Comrnittee shall interpret this Rate and Method of Apportio11lTlent and make determinations relative to the annual aillninistratioll of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be tinal and binding as to all persons. G. MANNER OF COLLECTION Special Taxes levied pursuant to Section 0 above shall be collected in the same manner and at the same time as ordinary ad !Jc¡jurem property taxes; provided, however, that the CFD Adininistrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the tlnancial obligations of IA No. 1 of the CFD or as otherwise determined appropriate by the CFD Administrator. H. TERM OF SPECIAL TAX Taxable Property in IA No.1 of the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act. City ofCl/llla Vista CFD ~o. 12M, fA No. J, Vìllage 7 0512/105 Page 8 2-14 Exhibit "B" CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 12M RATE AND METHOD OF APPORTIONMENT FOR IMPROVEMENT AREA NO.2 (Otay Ranch Company) A Special Tax of Community Facilities District No. 12M (Village 7) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area No.2 of the CFD and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the pwposes, 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 Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes, including salaries of City employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the formation and administration of the CFD; the costs of collecting installments of the Spec1al Taxes; and any other costs required to form or administer 1A No.2 of the CFD as determined by the City. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel nwnber. "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" means Community Facilities District No. 12M of the City of Chula Vista. City of Chu/a Vislu CFD No. 12M, fA No.2, Village 7 05121105 Page 1 2-15 "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Property" or "CPF Property" means all Assessor's Parcels which are classified as commU11ity purpose facilities, as defined in the City of Chula Vista Ordinance No. 2883. "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit is issued after January 1, 2006, but prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied. "Final Map Property" means a single family residential lot created by a Final Subdivision Map, but which is not classified as Developed Property. "Final Subdivision Map" means a subdivision of property creating single family residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to Califomia Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area No.2" or "IA No.2" means Improvement Area No.2 of the CFD, as identified on the boundary map for the CFD. "Land Use Class" means any of the classes listed in Table 1 or Table 2. "Landscape Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain landscaped improvements within the public right-of-ways, parkways, slopes, wetlands and other public easements/improvements throughout the CFD. "Landscape Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance applicable to lA No.2 for such Fiscal Year. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. City of Chu/a Vista CFD No. 11M, IA No.2, Village 7 05/11/05 Page 2 2-16 "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a structure or structures for non-residential use. "Operating Fund" means a fund that shall be maintained for IA No.2 for each Fiscal Year to pay for Landscape Maintenance and Stonn Water Quality Maintenance and Administrative Expenses. "Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable Landscape Maintenance Requirement and the applicable Stann Water Quality Maintenance Requirement. "Other Taxable Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Final Map Property, or Taxable Property Owners Association Property. This may include Residential or Non-Residential Property. "Property Owner Association Property" means any property within the boundaries IA No.2 of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder ro, a property owner association, including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each Land Use Class. "Public Property" means any property within the boundaries of IA No.2 of the CFD that has provided proof to the City prior to the March 1 st preceding the Fiscal Year in which the Special Tax is being levied , that it is expected to be used for any public purpose and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency. "Reserve Fund" means a fund that shall be maintained for IA No.2 for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. "Residential Dwelling Unit" means each separate residential dwelling unit which comprises .an independent facility capable of conveyance separate from adjacent residential units, including but not limited to, single-family homes, duplexes, triplexes, townhomes, condominiums, and apartment units. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one Residential Dwelling Unit. City of Chula Vista CFD No. 12M, lA No.2, Village 7 OS/21/05 Page 3 2-17 "Special Tax" means the Special Tax levied pursuant to the provisions of Sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in IA No.2 to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for IA No.2 to: (a) (i) pay the Landscape Maintenance Requirement; (ii) pay the Storm Water Quality Maintenance Requirement; (ill) pay reasonable Administrative Expenses; (iv) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for funds available to reduce the annual Special Tax levy, including the excess, if any, in the Reserve Fund above the Reserve Fund Requirement. "Square Foot" means the square footage as shown on an Assessor's Parcel's building permit of Residential Property, excluding garages or other structures not used as living space. "State" means the State of California. "Storm Water Quality Maintenance" means the maintenance of detention basins, storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other facilities that are directly related to storm water quality control throughout IA No.2. "Stann Water Quality Maintenance Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Storm Water Quality Maintenance applicable to IA No.2 for the current Fiscal Year in which Special Taxes are levied. "Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No.2 of the CFD that are not exempt from the Special Tax pursuant to law or as defIned below under ''Tax-Exempt Property. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Property excluding Taxable Property Owner Association Property, or (ill) Assessor's Parcels defined as Community Purpose Facility Property that is owned by a non-profIt organization and has provided proof to the City prior to the March 1 st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profIt status, or (v) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. "Taxable Property Owner Association Property" means all Association Property which is not exempt from the Special Tax pursuant to Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classifIed as Developed Property. City ofChula Vista CFD No. 12M, 1A No.2, Village 7 OS/21/05 Page 4 2-18 B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within lA No.2 of the CFD shall be classified as Developed Property, Final Map Property or Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property sball be further assigned to a Land Use Class as specified in Table 1. Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2. Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E below shall be taxed as Non-Residential Property when such, Assessor's Parcel is classified as Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other Taxable Property. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No. 12M Improvement Area No.2 Fiscal Year 2006-07 Land Storm Maximum Use Description Landscape Water Quality Special Tax Class Maintenance Maintenance . 1 Single Family $0.506 per Sq Ft $0.031 per Sq Ft $0.537 per Sq Ft Residential Property 2 Non-Residential $8,152.04 per $497.68 per Acre $8,649.72 per Acre Prooertv Acre Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that may be levied on such an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be levied on all Land Use Classes located on that Assessor's Parcel. The CFD Administrator's shall determine the allocation to each Land Use Class. City of Chula Vista CFD No. 12M, 1A No.2, Village 7 OS/21/05 Page 5 2-19 2. Undeveloped Property TABLE 2 Maximum Special Tax for Undeveloped Property Community Facilities District No. 12M Improvement Area No.2 Fiscal Year 2006-07 Land Landscape Storm Maximum Use Description Maintenance Water Quality Special Tax Class Maintenance 3 Final Map Property $8,152.04 per $497.68 per Acre $8,649.72 per Acre Acre 4 Other Taxable $8,152.04 per $497.68 per Acre $8,649.72 per ProDertv Acre Acre 5 Taxable Property $8,152.04 per $497.68 per Acre $8,649.72 per Owner Association Acre Acre Property 3. Annual Escalation of Maximum Special Tax The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in lA No.2 shall be increased each Fiscal Year beginning in Fiscal Year 2007 -08 and thereafter by a factor equal to the annual percentage change in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items) as reported by the State of California Department of Finance. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07, and for each following Fiscal Year, the Council shall levy the lA No.2 Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied proportionately on each Assessor's Parcel of Developed Property up to 100% of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requirement aftet the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax for Final Map Property; City ofChula Vista CFD No. 12M,IA No.2, Village 7 05/11/05 Page 6 2-20 Ihlli!: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for Other Taxable Property; Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first t:Ì1J:ee steps have been completed, the Special Tax shall be levied proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within IA No.2 of the CFD. E. EXEMPTIONS The CFD Administrator shall classify as exempt property (D Assessor's Parcels defined as Public Property, (ü) Assessor's Parcels defined as Community Purpose Facility Property that are owned by a non-profit organization which has provided proof to the City prior to the March 1 st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, and (ill) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. The CFD Administrator shall classify as exempt property those Assessor's Parcels defined as Property Owner's Association Property provided that no such classification would reduce the sum of all Taxable Property to less than 51.00 Acres. Assessor's Parcels defined as Property Owner Association Property that cannot be classified as exempt property will be cllssified as Taxable Property Owner Association Property and shall be taxed as part of the fourth step in Section D. The CFD Administrator will assign tax-exempt status in the chronological order in which property becomes Public Property or Community Purpose Facility Property or Tax-Exempt Property Owner Association Property. However, should an Assessor's Parcel no longer be classified as Public Property or Community Purpose Facility Property or Tax-Exempt Property Owner Association Property, its tax-exempt status will be revoked. Taxable Property Owner Association Property that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the fourth step in Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property.. F. APPEALS Any landowner or resident who pays the Special Tax and believes that the amount of the City of Chu/a Vista CFD No. 12M, IA No.2, Village 7 OS/21/05 Page 7 2-21 Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. G. MANNER OF COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valo"m property taxes; provided, however, that the CFD Administrator may ooectly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of IA No.2 of the CFD or as otherwise determined appropriate by the CFD Administrator. H. TERM OF SPECIAL TAX Taxable Property in IA No.2 of the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act. City ofChula Vista CFD No. 12M, IA No.2, Vii/age 7 OS/21/05 Page 8 2-22 . . u . I- aJ J: >< W ~ ° .¡:::: ~ 1 ~~ " , i:;~g~ ~§ " i~~~ I ã>-\i:~ ·0 ~ !f~~<C I ;¡:~i;ifS '0 o. ~ ~Bê: I w¡¡ii::oc ~~ ~~ ¡!;v g:ð ~~ 3~ ~ ~d~t;; I ....IX"'u .: zo> <C:'i,!;~ ," ~G~::i I 8'~~~ 0' ~~ g:~~ð I ~~~§ .~ ,. d 00 ~õ~~~ o. 0" I; I" < ~o .0 ¡¡¡<n. >- o..¡¡¡o Ii ~~§Ë~ ." I ~z ~~~ '. ~~.w 1 I w~ . 0 ~, ~ I·'~ gêi~ :z~~¡:: '0' H o. ~ii~~ I ð~~u 0"" 0 "" §~ <z~ ~O ¡::;::, B'" g~'~~ UJ~o. )i!~~Z¡:ci " .1 ~æ~¡¡;3 ~ . ." , I æ~a§~z I 5~~ ~~ ~I ..:;;~~g~ ,.~ I~ QI:I~ § ~~5 ", ¡:::s:~ü~§ " I 8< z~ 5~~ ~h ~~;æ~¡:¡ > I 1::1 13 0, §;: ~ , ....3... ",0:: .g Ijj~ l~ 1m .~~ 8' -I ~ ...J>O:", i¡;~ >-~~~æ; ....öt ð :.i'ð'" .0 I~. ~~~ 0< ;1 ffit~*~'" ~o§ t ;t~ ~. ffia>-~o=.,; I» ê 1::Ii Z êê~ 0·' ," ::~õ ~~ i~ 18 ",:;iilt .~ '00 i!iiJii~ '0 ¡:jei ",0 ....'" :r: "'...J W...J U "'< ",0 "- m'" 'ÁM>ld ----.JL--....i 3~'llS'l3 ~ w W I ~ ~ I'-- W (9 <{ -' -' > (fJ~ w -::< ee:N <{- o Z· ::>0 OZ (DI- 0° wee: (fJ1- 0(fJ 0...0 o ee:(fJ o...W lL.~ ooo! u o...<{ <{lL. ::<>- I- Z ::> ::< ::< o ° "0,, ~ü_ ~wz 50:5 ..o;:zl,:; ~,,~ :om" I " ü'ðu. ~ ° OÇ:w >-z~ ~:o" -o~ ""m §i § . , ; .~ § , , 1i l!1 g II iii ~ ~,, \ 0- · u .~ ~~ '0 2. " >-. ffi · 0 o~ · 0 · · ~ 0>- 0 o. Z · d< < · [j~ w 0 .is ~ " >- · .. . · ¡¡ < ffi 0' 0 " .0 < ~ · 0 · o. 0 0 · . 0 0< · , zo e " ~ ~o u · u ~:i ° 8 ~ ~ z a. 15 u " gg ~g *± "'8 I I !íi~ 'å ~"- éi 8 >< I:!t'" _N f~ · r OJ ..-< 0 ~ ~g i cD , E...s~EI'~ · ~ Ii ....... ~ ~ ü ¡! ¡::: ~. cD : ~ ¡::: ~g 0 ....... B !~ ~ , µ:... g ~:ã .-] .... c: y~ ::J ~~~~ < ~ ~'Ï¡i 0 !l ~ø.. g ~ \,\ <> 1·0 I 2-23 EXHIBIT "D" Community Facilities District No. 12M (Village 7 McMillin Otay Ranch LLC and Otay Project LLP) City of Chula Vista, California LIST OF AUTHORIZED FACILITIES AND SERVICES Improvement Area No.1 (McMillin Otay Ranch LP) Landscaping Maintenance Magdalena Avenue Planted Area - Slopes Planted Area - Parkways Planted Area - Median D.G. Trail Pedestrian Lights Rock Mountain Road Planted Area - Median Planted Area - Slopes Planted Area - Parkways Birch Road Planted Area - Slopes Bob Pletcher Way Planted Area - Slopes Planted Areas - Parkway Wolf Canyon Loop Planted Area - Slopes Planted Areas - Parkway Peabody Way Planted Area - Slopes Planted Areas - Parkway Webber Way Planted Area -Slopes Planted Areas - Parkway Slopes - Temporary @ Southern rim (non-irrigated) Planted Area - Slopes Slopes - Northern Elementary School Planted Area - Slopes 2-24 EXHIBIT "D" Community Facilities District No. 12M (Village 7 McMillin Otay Ranch LLC and Otay Project LLP) City of Chula Vista, California LIST OF AUTHORIZED FACILITIES AND SERVICES Slopes - Adjacent to SR125 Planted Area - Slopes Wolf Canyon Slope D.G. Trail Walls, Monuments & Fencing Masonry Walls View Fence View Walls Split Rail Fences Pilaster 6' height Pilaster 9' height Trees Parkway Trees Median Trees Wolf Canyon Pedestrian Bridge Storm Water Quality Maintenance Village 7 Stormwater Maintenance Hydrodynamic Treatment Unit Drainpacs - Maintenance Drainpacs - Replace Filter Bag Wolf Canyon Basin Vegetation Removal Silt Removal Engineer's Inspection Periodic Inspection and Maintenance Ephemeral Stream Poggi Canyon (30 acres pro-rata) Channel Detention Basin 2-25 EXHIBIT "D" Community Facilities District No. 12M (Village 7 McMillin Otay Ranch LLC and Otay Project LLP) City of Chula Vista, California LIST OF AUTHORIZED FACILITIES AND SERVICES Vactor Truck Replacement (pro-rata) Improvement Area No.2 (Otay Project LP) Landscaping Maintenance Birch Road South Parkway Planted Area - Parkways Street Trees 50% Birch Road Median Planted Area - Median Median Trees La Media Road East Parkway Planted Area - Parkways D.G. Trail Street Trees 50% La Media Road Median Planted Area - Median Median Trees Santa Luna North Parkway Planted Area - Parkways Street Trees Santa Luna Median Planted Area - Median Median Trees Santa Luna South Parkway Planted Area - Parkways Street Trees Magdalena Avenue Planted Area - Median Planted Area - Parkways 2-26 EXHIBIT "D" Community Facilities District No, 12M (Village 7 McMillin Otay Ranch LLC and Otay Project LLP) City of Chula Vista, California LIST OF AUTHORIZED FACILITIES AND SERVICES Theme Wall Median Trees 50% Street Trees Pedestrian Lights Open Space Lot A Landscape Area - irrigated slopes Post & Rail Fencing Solid Theme Wall Open Space Lot 8 Landscape Area - irrigated slopes DG Trail Post & Rail Fencing. Solid Theme Wall Wrought Iron Fence Open Space Lot J Landscape Area - irrigated slopes Offsite Wolf Canyon Improvements Landscape Area - irrigated slopes DG Trail Post & Rail Fencing Storm Water Quality Maintenance Village 7 Stormwater Maintenance CDS Screen Assemby Replacement Annual Inspections Mainten ance/C lea nouts Vortechnic Stormwater Treatment Unit Ephemeral Stream 2-27 EXHIBIT "D" Community Facilities District No. 12M (Village 7 McMillin Otay Ranch LLC and Otay Project LLP) City of Chula Vista, California LIST OF AUTHORIZED FACILITIES AND SERVICES Wolf Canyon Basin Vegetation Removal Silt Removal Engineer's Inspection Periodic Inspection and Maintenance Poggi Canyon (5 acres, pro-rata) Channel Detention Basin Vactor Truck Replacement (pro-rata) 2-28 EXHIBIT "D" Community Facilities District No. 12M (Village 7 McMillin Otay Ranch LLC and Otay Project LLP) City of Chula Vista, California LIST OF AUTHORlZED FACILITIES AND SERVICES Facilities directly related to removal of contaminants and solids from storm water tluoughout tlle Improvement Area including storm drains, catch basin inserts, hydrodynamic devices, [titration basins, and similar facilities. SUBSTITUTION OF FACILITES The description of tlle Facilities and Services, as set forth above, is general in its nature. The final nature and location of the Facilities and Services will be determined upon the preparation of final plans and specifications. The final plans may show substitutes in lieu of, or modification to, the proposed Facilities and Services in order to provide the public facilities necessitated by development occurring in the District, and any such substitution shall not be a change or modification in the proceedings as long as such substitute facilities and services serve a function or provide a service substantially similar to that function served or tlle service provided by the Facilities and Service described above. 2-29 ~ .~ ~ . . o z~ caù t;:s :> .!!! caC - I/ ::I GO ..c ._ u: ... ,- o 1i! ~u.. <3~ 'ë ::I E E o u ... .-I C .-I -= ~ ~ :¡ N ~ 0- z..... ca GO GO C) ... ca «::: -> c GO C E GO:!! ~ u ...:¡ Q.- .5 .... w C! C :J a¡ W U Z < Z W I- Z « ::;; w 0.. < U II) C Z :) ....: - - '" ., - 0 ~u ;;; " I: I: < '<;f'tO......¡-....Lt)('I'j "=t'CDC"1"1:t......a O¡-""CO ......00 T'""-r--:c6 ......(Q~ cry"..- ......c.c .... I: o :;:: '" .. " c .... 1.."........ .... >->->->->- - '" :J ìiLtLiLt:ë &c-ci-d-.~ (fJ(J)(/)(J)...J - .. ., GO 00.. U 000,,"0 <o:;t""''''d"LOO ~~U1~1¡'j caocO') ~ tl'7b'7b'7b'7ô'7 "C~ .. .- 0.- '" I: " '" ., " "CO I: .. ~ 0 '" .. .. < coca,..... LOOLONLt) MCOc.cCO ~~ r--: C'\ - N(,,)~ ~ ¡::- .. 01 ~ :> ª :E " ~ 1: '" I: '" E ... '" c.., o » ,.. r.n (t c: . '" ~.!!1 o a. .... "'C Z 0 (tI <D CI) caGJCña..::2 1: e ~ I I I .9 <CDCO(t (t ...J _>~~~ c: 1:««'¡ij.!!1 ~ ra "C "'C "'C 1-... .= ¡¡;;;; C CD Q) Q) en Q) CD ë c c . Q) >ñicoro(t CD] E~a:ë:ä:da. c.", ..5::;; r---<o:::tæo "I:t(QMI,(J f'--CO-q-O af crf u;j (á N .... .... ...... ... >->->- ïiLtLC ci-ci-' CfJCfJCfJ 000 "",.... ",N" ddo ............ 000 ",00 o~,.... ¿""':ri ~,,~ m Õ I- - I: OJ I: '" E ... '" c.., o » I: ., " .!!1.. ~ ,o-gg..... C'a'oo::-('Ü o.c::cnQ. 0::: ' I I C co ro m '¡ ~ e ~ -«< c-o"'C"'C g.æ.æ.æ :Eæææ ti lUi: c:: o a:: 2-30 "'''' CD CD "" t',,fC'iM "" .... ........ >= û:; CfJ o " N o .... o "' (J) r¡j ,.... ~ m Õ I- m Õ -l- I: '" I: " E '" 0. o ., '" 0. o Üj , '" ~ < "C"C ~.æ a:: æ "5ã: .. ¡¡¡ - I: '" I: " E '" c.» o " á'J~ c." o '" -Q. »CfJ , " ' ., ". '" " > '" '" i« .c'C'C " '" '" - -- .. I: I: - "'" 0..-- .cQ.Q. o a¡ "'''N ~ CD '" "'NO aj r.6-q-M ~ .... ... ... >->- ìiìi <:T' CfJ CfJ. 00 ",.... N" do ........ 00 "0 ""'N crJR""': (")~ NN" ~o~ "'(")~ ......-LO-r--: .... .... >=>= Û:Û:: <:T' CfJCfJ 00 ",.... N" 00 ........ 00 "'''' ",N r--:T'""- ~ m Õ I- - I: '" I: " E '" c.» 0'" '" == "''''' c.... 0'" -Q. 0. CfJ , o , '" 0",,,, oJ",,,, ... ... 1:« ~'"O"'C I: '" '" - - " I: I: U"'" :::a..a.. ~ '" o ,.: ~ .,; o '" - o ~ m ~ m '13 c '" c ü: '2 ::J :2: .... cu " - ¡:: ...... :;; .. cuÕ '3 .. ..c I ) u~ Õ 'ü :.,cu ....u, õ~ '2 :I E E o (.) :¡; .... ... ci z... ci- z..... cu ¡g, I!! cu <= ....> s::: _ I ) s::: E: ~:i o " a.~ .Ë - to '" - Q {:.u ñi ::J I: I: < - ~ .. " Oc. U .... " .- c.- to I: U to '" ::J ....0 I: ~ j Q to f! < I: Q :;:¡ to ~ ::J C - '" :::J ë " I: to E ~ " e.» , to ~~ e.co .90.. U), , '" co co >. ~ ~ to« ;:........ ~..æ .sa .... I: I: o.£!:!~ .co..c.. to " C. N~'" "'CD~ NCD'" c...,r f'-..R ai ~ .,. » LiLi IJ IJ CfJU) 00 .,...... N.,. 00 .,..,. 00 "'0 0'" T'""-(J;J- "'~ .,. ñi Õ I- '" co co e ~ »< < ~........ >" " - - ~ I: I: " co co ~ë:ã: ~ "''''''' oo~ I'--- r---."¢ø .,. ~ ~ >->- ~~ IJ IJ U)CfJ 00 .,...... N.,. cid .,..,. 00 "'0 "'''' Ñ"": ë " I: co E ~ " e.» , co g¡~ e.co .90.. U) "'''' CD CD NN r--.~ '-..R .,. .,. .,. ~ >- u:: CfJ o CD o o .,. o '" 0_ - N ~ -¡¡; ~ :¡;- " - to Q .¡: ~ ... s::: Q .s E .¡: I: ~ " .s::: - ::J Q V) '" @~ ~~ e ' o co <>.æ E< ~] , - '" I: ".!!1 <>.c.. Q ¡¡¡ 00 NN '" '" "¢-~ .,. .,. :;; it & U) o .,. N o .,. o o '" ci N -¡¡; Õ I- Õ Q .s::: u V) ~ .!!I s::: " '" E " .!!§- w¡¡j I: ~ " co .s::: æ 1::< Q.... Z" , - .. I: ".!!1 <>.c.. Q ¡¡¡ 2-31 00 .,..,. CD CD CJJ-ctJ- .,..,. :;; u:: & CfJ o .,. N o .,. o o o <ri '" -¡¡; Õ I- It> '" - , '" a::: " U)e. .sVj - I: " co u æ .!!.< ........ < " 'ë =~ <>.0.. Q ¡¡¡ "'''' '" '" ~C\I.. '" '" .,. .,. :;; it & U) o .,. N o ~ .,. So ëñ ~ uri ~~ ~ .s - s::: " U to '6' ..!! ai ::i C. Õ " .... ,¡¡ - ::J '" ~~ to Q ¡æ - , to co "&~ to< ::Ii.... " " ....ë ,- co "'_ tic.. ~ 0.......... "'0.,. 0.......... Ç0- 6 '" '" .,. .,. >=>= ~~ IJIJ CfJCfJ 0..... .,.'" NC) 00 .,..,. 00 00 0.,. "":C\i N~ N -¡¡; Õ I- -¡¡; ~ I: ~ "ê 1:,,1- cu e. . U.9~ "'CfJC Õ ;: L!) o ,...: ... .,.; o L!) ... o N -¡¡; ,3 s::: co s::: ü: ï:: :::J :2: ... '" CJ ùi:5 .- tIJ > .- "'c - tIJ ::I .. .c ._ 0= 'õ 'ü '" ~u. ü~ ';: ::I E E o u :¡; N ... o Z... o~ Zl'- '" ~ ~ '" <= ...> ¡ ë E ~~ a.~ .5 - - .. .. - ° (2u ñi ::I c: c: « 1.00')0':10..- c:ac:a~L{)aJ l"'-C'\Ic,oo c.o- o-r.t:J- ~N "''''''" ~'" "'''" <Ii L() ... c: ° ::= f! ::s o >=>=>:>:>:>=:>: - ';: ::J ...:...:...:.....:...:...:...: u..u..u..u..u..LL..u.. &&tTÒ"&&& (J)(J)(J)(J)(J)(J)(J) - ~ .. " OIL U (0')0(")0000 MI,()O')OLOLDO CX)O-.:::tLOI"--I"'-Uj oc:io""":do('tj tRotßoEA-fßotl'7tßofßo ]=: "'- .. c: CJ '" .. ::I "CO c: ~ ~ ° .. E « ooaa~,....1.t) LOf"o.,OOC'\lT""I'- ..-I"'--ccr--...... ..... åt.Õ~t:tJ- N N~ % ãi ~;§ c ° " "C .¡¡; " u " "'- .51ã .! ...... u ~ Q)"-õ ~ ~õ~~....; .æ . ...... ( ') ... o( """=õ-~ m en 000..........11) cn-"": . CIJ..c..c: c: ë.!!l u)~ g.gJ.2Je. CUCõ~-(1)1?~Q) e:!:ugJu._ _.g> !~æt'O:æ~~·t: OCLL..~c:::.æ.$!cc :;¡o¡:¡:_....x .. ~ C ,) ( ) ~ .!2 12 ::I" 21::< 55cì5"ã:ã:u. ~ .. OJ .. .. OJ .= ~ ,.,.... " c: ~.!!! ~"C .." OJ OJa.::< e .... "'0'" '" '" o:J ....."'''' 'f'"'- ".r~£ '" '" ... ... >=>= OJ OJ OJ OJ ~ ~ ........ 00 00 ,('ji.Ó '" o:J ...... .....0 ..... '" '" 2-32 ° ° L() ... >= 'ª' ë " ::s o ° ° '" ... ~ .. '" "C .¡; c: .. .¡: - .. .. "C Q IL c: g, c: .. U ... ~ co CQ '" ui "I' '" ... Q " c: .. c: " - c: ,;; :;¡ Q .. " .. "C c: .. ..J ñi - ° .... .... w C) o ::J W U z « z w .... z « :;¡ 0:: w .... ~ :;¡ 0:: :! u - --0000 J!!"ooaaa ~(J"!.cc_c.o~oo::t~ r- MMMO ëã C'\IC'\ILn ::s c: c « ...... ... .. .. " " " Q .- >- "" "" N 2: ~ Q Q U - ';: OJ Q OJ ::) () (J C,) .~.~ .~ OJ OJ OJ (J)(J)(J) 1Ø~ggg o C:O.,-N U ...... ... ~"'''' - L()L() ::= c: .. ::s o Q " C:!:: .. C C:::J Q - ~ ë c Q).sa ._ CD (.) == "eaiU. :::&.....c<O ... ~ Q) (J CÞ,-¡::l2 i ~ 'æ ~ ...-::< c:: E ~ ' , ° c ~ ~ - >- co ctI U)'Cc.c.. ,... e c c CÞ -g. .~ 1~ ,êJ:cc :> L{) o ...: ... L{) o L{) ... o '" ãi ~ '" '" <C -æ .¡¡ c '" c: ü: '" ::J ::< - '" " ûiE :> .~ "'c - II) ::I 1\1 ..c: ,_ U:5 Õ 'u '" zou. uZO '2 ::I ë ë o (.J ::!i N - o z- or::- z '" ~ I!! '" <= -> <:: ~~ ~:E o " a.~ .5 - - '" en - 0 ~u ¡;; " " " <C - ~ en ( oc.. U '0 ( .- ~ë " '" en " '00 <:: ~ j 0 '" ( ~ <C r--C,CoaOM l{)ooaotC ...... 00 O..;:tLO ('f";R r;r,- ......~ ~ C\,r Ó '" .". tflá'7á'7tß- tF.I- " o ~ ~ " C !... I... .... 1......... >->->->->- - 'c ;:) " " " , . C,) U (,J ¡¡; ¡¡; '2:'2:'2: 0"0"C!)Q)Q.) (/J(/J(/J(/J(/J C\I-.::toaa C\I-.::t'ooo . 'a 0 c.c o 0 ~ _ ~ ~ á'7Eflá'7tß-t,t7 OO.........--.::t "'''' "'''' -.::tcf'f ~'" c¡; - " 0 gl- "E '" ( c E ( " "E (J 'm i'!~ ::; "" "C ca c::: c c c c 0 (\J ttI 2ø +:;¡ c: > c:: .(1) CJ 0 CO"æ !... Q) ~ ·-E~"c." ,ø..:::Cf.)cnQ) ma::"'ffiëã.E:1J) c6~êi~.= 0", E E ( " ~.æc!)CDê:C '" ( a: a:: ._ 0 CJ g>:;::;:: ~lfi !:>Cf.)oowc.. ~ su;gg o 0 a a I- U 0)- cn- ¡;; " " " <C - ~ en ( O oc..o U 0 à '" .... ~ '" en en " " " '0 c ( - '" c; ctI '¡ c:: .... _ '" 0 " "0 ëij 0...... ~ ...,).. ... 0- '" i!! i!! '" <C !f. _ E E SJ ",.0 ( (/J ~ èñ"ê - " ~ E ( " E-a. 1!w c. W " .S! i!! 10>- ~o ::;¡~ C 0"'''' ~"'en NN.". .... .........,. >=>= c¡; Õ I- Uì ( ~ " '" C Q ëi) !2 '" " CC o c ~ ø 0 ca c ~ u æ .æ .- .I::. Q) güQ o c.. 2-33 c¡; Õ I- o o M o '" .".- .... ): " " '2: " (/J o o ",- '" .... '" ~ c:i - c ( E ( " '" is. ( a:: "" " " ~ I- ~ o - " ~ ~ '" "- .".- Q ~ .,. ( " " '" " ., - " ë¡ :::; ~ " - ~ E ~ o - m ¡;; - o I- en N "-. ~ '" .". .,. w U z <C z W I- Z « :::; a:: W I- ~ ::E a:: ~ m c z <C W c.. < U m c z :J ..J ~ o I- Q Q Q Q N .,. m W m z W c.. >< w w > ~ I- m Z i c <C - M "- ~ ,.: .". N Q en ci ~ '" .,. .,. ~ ( en ( a:: ;:: - en o U ¡;; " " " <C ¡;; - o I- :> '" a r--: ~ .n a '" - o .". c¡; '13 <:: '" <:: ¡¡: <:: :::J ::; - ca ... -;:5 .- I/) > .- caC - I/) ::I cþ J: ,_ (..):!::: ....= o ~ ~LL u~ '2 ::I E E o u :::¡; N ... o z... ó- z..... ca ~ ~.! « -> c L~ ~:¡¡ o ... '-:::¡; 0._ .5 ëã1;; - 0 ~u ¡¡¡ ::J " " c( - ... '" .. 00.. U "'l: CÞ:¡:¡ Co" .. .. " ::J {Jo " ... j 0 .. .. ... c( It> o ,..: ... It> o " o :¡:; .. ... ::J C ..a o " '" (!J 1:' .2 -g ~ ci ~ ~ ~~ ~ .§ .~ ~ E:.;:¡.....,... 10- e (/J 4) ... en 0 UCD en 0 c :; .~ -g iË' .~ "O..a'~ 1ñ....~..c ct Co ~8.¡grn ~ ~ ~ 8~>--u ~ * <C ~>L(J(t !2 ~ (/J~]o ~ "is. 4) æ.êQ)~ § Cã Ê 8"1-£:.3 E" .a::J ã).....>, ~ c >~.sc ¿ ãJ ~mc<C (tic. -d C) (1)>..2u) ~c .~-g ..t::oêaã; EQ; ::::;.c ~:g.c Q):E :; ~ oo..ce ..t::_o '" '" Q.-c 0 :J Z m c: :::Ic:Q>C õ- ~:§ ~Q)EãJ ~.~ ~-dã) ca~~C),...._ "(3.235.. ~::~-g "g§ ci>ca co I... -"'o..c ...0 c:c..~.e",' 3."'_.....":>. ~~ ._(1)_ ;;0> t:.,"..... g '- en >. 'E: Io...E~~ m~ ø$a>CtD [m-'- ~g -C:Q)°E oæ~.§~" ~B:S-gG ã50:.¡:¡ã) ~ ~ E<1>c:Ecno àjc..¡ßc.. Q)a> oe::::l"O "cQ)cnL.. :2~ c -..a"õ Q) :; ._,g . en Q) :>. Q; co =õ~.2--e€~ g-§!E~"Ë .9§ü§~~:rg -gQJ"O~8 §:,c~"'2::::1Q)C> cu~'§cnm ;;~""'cng.cctl ~ãijg23.a" m._ "0 :J"'C -:::;E ca '- c: c .Q)ESQ)_~c -a>:J:::Im ::ëQ5'''.cuco C)C08CD o_P'......~o..., ..t::!lE"",:S _ 'W..... ..... :=:...., «I ( ,) Vj~~"'5c~~ S:'-Io...-E 81U>-.,gS.:!£ m.E.æ~e e>a.l()(/J_o>. o"Ccn=- c:õ-",ا,Së ..c:QJcaa.-c .t::¡::¡....Q)-r.n :>.-15=Š,.-cQ) OCij:C)uctl0camE 1::.2: :!:::« ..,_<13 ctI CD a>:>"'C:.¡::;'ëã co '- c ..... '" I... "'C > :::I (/J C (/J 4) o É -= g 1: cc :J >. C3 <1:1 .- Q) "C ::! m "",+,,-""'''Cõ''C c: (þLJ.. C)OJ .. §, S ~ E ~ c: 0 .- .... ....; cc .0 Eoc:ccEa:::';;;iijt!?ccoõ"C ~ Cig 6-- c: as Q)~ ~.~S"5 .= C)CC cn~._.oa.. E OJ e Q).,g en C:.2>Q) >$ Eoð:J~ Com (/) _ .;;: ::s 0 ";;: c: :J >. c: :J Q) :J (/) e.soC:<1:1 ¡sc(t =c:=C"E OJ'- Q)"'C Q,):> (t ......... (/) :J E § Q)LJ.. Q):::!: Q):> ~ Q):J1ã C) Q)EEoð.o..\CÞ""~(;)°3t;: iJ)J:: ~Cõ"'C g.....~ QJ..s!"á_ ã) .s¡ft£~:>~a:::~.g5ë:¡S<.g' o > J:: ......... .... Z.....:Õ.9C\ÌcnMêi5ã:~Lri=<Ò.5 It> - o It> - '2 :J -æ 'õ " '" " ü: ï: ::J ::z: 2-34 .., .., ~ '" '" ...... ..... ,.Q ..... ..= ÞO< ~ - '" u 1ñE :> .~ ",c - '" .È .!!! u:!:: ....= o ~ ~u.. ü~ ï: ::J E E o u :;¡ N ~ o ZN ôt:" Z 8, ~~ -.c c u " c E '" ~" e ~ c.- .§£ iã'û) - 0 ~<.) c¡; " " " < " o :;:: '" ~ " o - ë: ::> - ~ II) " 80.. "C " .- g.'E u '" II) " "CO " ~ ~ 0 '" f! < f- W ~ C ::> II] w <.) z < z W f- Z < :::;; w a.. < <.) en C z :5 ¡::: " '" ~ :> .c u " '" ~ » '" - Q,rö'~ ~~~ o~-1: z"'", 0..0.. ~; <10.::::1 CI:I (I) o " " 't:V,I<e GJ"C"OI- E ca Q) +-' cp 0..... Q) > 0:: æ e 0.c-- c.~c..CJ) E .- _II] ...: ~O~ ""to.". ~I'-m CD-""': 1"--- ... ... >:>: it Q.) ." C"~ (/)f- 00 1'-0 .". . ."' 0", ...... NN "'''' ~ ",- ~ NON N""O .".tO~ V· 1.()- ... ... ~ ~ >->- it " ." C"~ (/)f- 00 ""0 "' . .", 0"" ...... m"" "" ~ ",,- ro ~ " C caÆ .- '" "C " "::;; :::;;, "C '" '" '" " " o L- e ~«f- .c"'C u ~.~ .!:: c "0 II] '" " ~a::::E . o It) 2-35 ~CT.ILO""'" ,,¢N,.....-.:r acecoLO Ñ "¢-,......- N N ... ... >=>=> itÛ:Q) 0- 0- e· (/)(/)f- 01'-0 1'-",0 .".0 . . .", 00", ......... ~I'-"' 0"''''' m", to- -q-- .".~ ro Õ f- » '" ~~ ~ '" ~~ - '" "'0.. '" , W '" ~ æ ~ 0<C= æ O:::"C~J- raID!-- .- ë . Q) 'gÆ~~ :::;;o..O(/) '" ..J ro Õ f- " '" :.a c " '" :::;;'6 "C " ",::;; o , ~ '" '" " " ca '- e :.a<1- "'" C :::;;" '" caë~ ...J..£I!Q) ~a.~ o It) 0"'", N~'" 1'-"'0 iñ M-cr¡- ~ ~ ... ... :>:):. Lt <Ii ." C"~ (lJf- 00 .".0 en . ."' 0"" ...... ~m ~'" ~ m- N ro õ f- »'" '" » ~ '" ~~ '" ~ o..~ .c, "t: '" '" o " " z ~ " '" « ~ "",f- ,,"- ...JëQ) - ~ ca~- ëQ..cn '" en "' o .,.j o .,.j o ~O~ ""I'-~ ""m"" IJ)-ÑN- ~ ... ... >=>= it " ." C"~ (lJf- 00 1'-0 .".. .", 0"' ...... "".". "'"' '" 6 N "' - o ~ '" ~ ro '13 C '" C ü: ï:: :J :2 caÕ -mE s: .!! cae - '" -ª .! (J:!:: 11-= o ~ .?;oLIo ü,ª, C '" E E o u ~ ... ~ o z...~ ..... o .. z'" ca ca ..= <> -.= c u .. c E ca ..~ > >- e ca "'õ .5- - - .. '" - 0 ~u iõ :> " " < - ~ '" 01 00.. I.) " 01,- c.- .. " " .. '" :> "a " ~ j 0 .. ! < " o '" .. ~ :> C - '2 :> " .. 'õ 01 ¡:::; -'", " .. .. 01 .. .. :1<.: .. " " § S.~ ..J"'O .. .. .. t:ã:::æ: .. (I) ....0.... "'....0 ....~'" » it CD ... C"~ ClJI- 00 ....0 "' . ."' 0'" .,..,. ON ~ '" "'0'" ~....'" "''''.... (".rÑl{')~ ~ ~ .,. .,. .,. >=>= +-' u.. .. ... C"~ ClJI- 00 ....0 .... . ."' 0", .,..,. ........ "'"' '" <D N c;; Õ I- ~~ ~ .. ..~ 0.. '" .co.. -' :> '" '" 0.... (I)<~ "'01- "..- :>- .. ..J" .. 1'CI~.þ 'Ea..cn .. (I) OJ"-..O)LOOLOCO T'""LDNNOo)T'"" C"H.O 0) ~ N a (0 T""~C'Ì N-"¡Ñ N .,..,. :>::>:>:>::>::>: Lilt Q) Q):E .. OJ Q) 0" O"u.. .... ....._ (f.)Cf.)...Jf-J-..J OOMooa '<:t"""""ooo LO~CO'" . . .LOLOLO aOOCOLOQ) ~ tA-fAotF.I-&'9-EA-M <.cJ"-..LOLnO'l""" Nl{'),- ""=t"N ....O~ ",fQ:l-T""- N c;; Õ I- '" ,., " '" ~~ Q)ro '#. ~~a.. ~ ~ c I I en .2> CJt"OCC_Q)CI)...J <>~eãie:ßc: «3:1- ~.!!! ftI-C"CQ)cl-"þ ¡S$!E·~ã5~ -CC(I)"'CQ)"C CU(t (t .cQ)'-Q) -g,ã:ã:t-:::¿øa.. .. ::E 2-36 ~LO~~ ",ò!j~o 0- T'"'~C\ - N N .,. .,. ~ ~ ~ >->->- ~ C" u.. u.. CIJ..J..J 00'" ....0'" N",'" 0""":0 .,..,..,. "'00 N"'''' ",N'" 1ti ~ '" c;; Õ I- '" .. c. o 0; '0 .. 1ij C> .¡: .: en 1.5 = - " '" <à1"3: - ~ .. 0« u.. Q) ...JQ)=E II) c..a:I ( ) "130::.<:: I'CIcncðJ- a.-c _"'C (I) !:: 0:.= C ca 0 0 Q)...JD..cn C. o C"?NL()OCO('-.. C"')Q)OONLO LOMT'""LOo:::to) a5 ".r cD Cfj- 6 '" '" ~ ~ .,. .... .... .... .... .... >->->->->- LtLt Ò" c- u.. u.. u.. tf.)CI)..J...J...J a,..... 0 C"') 0 ""I:tLOOC'?O NOLOCOLC c::ic:i""":c:i""": ~tß.EA-~~ (J),,¢OOL.O .,....CCJ"-..OCO NcnOCON ÑT""-"¡ Ñ 0.... .... c;; Õ I- '" .. c. o 0; '0 .. 1ij OJ .¡: .~ ~ - ~ _"'.. 13ãiæ ~ æ3:"- õ< LLQ)c ..J Q) := E e CD c.. ca QJ- u«l:=C::..c:E ca~I!!cðl- c."CI-..."'C ::I cnc:C!)~~e ¡~oa..CI):?: c. o Lt) o .0 o .0 o .,. Lt) - o N c;; ~ -¡¡; '(3 c '" t: ü: <= '" :2 - .. " ûiE :> .~ ..e "5 :« .c ._ u= .....= o ¡¡j ~u.. ü~ I: " E E o u :::!i N ~ ci ZN ~ ci Z ~ =~ .(> -£ I: " .. I: E .. ~o:: e ~ c.- .§Q. - - co <II -0 ::'U ;;; " c c < - ~ <II " 00.. U ." ,,- c.- CO c " CO <II " ."a c ~ j 0 .. i!! < "H" c o ~ " Q >= - c, ::> ¡¡; C" (/) o .... N o '" I'- - '" i - :§ .. .., " õ< ..J " " c. " CO CO " c.<II ",-g C CO "..J C. o "'''' "'''' 00 r-:I'--R "'''' ~NL()CO O)L()..qotO COJ.nCDCO co~ ~ '" '" >'=>=>= ìiii ci-O-u... (/)(/)..J 01'-0 ...."'0 NO'" 00""": "''''''' "''''0 1'-"'''' "''''.... r--~ 0')- "I ;;; Õ f- J!! <II C " " c. E~ .." > " 0_ ~ CO c.co .5 :§ C I .§ g. m c: ¡ < æ (J êi 'æ 15~:æa:: ;:{J¡::~ .!æ<!)~ '-...J 0 a.. ~ ;;; Õ f- '" ~ '" o '" o .... '" o ai '" '" ... '" - o '" .. " c CO c " - c ¡; ::Ii " .. " <II ." C .. ..J ;;; - o f- -¡;; 'u <:: ct <:: ü: .¡: " :::; 2-37 ö z ..'!; 1nE :;: .!!! ..0 - en .æ .! o:t:: ~= o ~ .?;oLL ü.?;o 'C :I E E o u ~ N ~ N ¡::- Ö " z '" .. .. ,,= .. .- ct> -,¿ Iii " E æ "0:: > » e .. 0.- .§e. -- " " - " ~u iã :I c: c: 0( - .. " 01 Oc.. U ... 01- 0.- " c: " " en :I ...0 c: .. j 0 " i!! 0( Cõ'Ø - " ~U iã :I c: ~Eßofßofßo~ 00000 o o 1.0 OLO OOOf"-.LOO ~ T""~ M~ ~ c: " '" " .. :I C .. .. " " .~ ~ " " U) 0. - 'C ::> - '" ::> " " .~ " en - .. .. " o 0. U o o "' C'Õ ... ~ '" c: " :I o ... I- W C) C ::> m W u Z 0( Z W I- Z :¡¡ ::¡¡ at W I- ~ ::¡¡ at o I- U) - '2 10 => " 4' E ë g 1J ~ ~J!! m ,Sãr ~ c e:::: CI) I-- '¡;¡ .c>- :; Q) :E E 0 êií ... Q) ~ æ ~ ';,." g¡ .9 c3 E «ü.,.o ",,- E 55 a. (,) en ~ Q) ê C:.2 _ t; - ~ c: CI) en (ij <1)£ ,... C/) :J"E: Q) CD c:.- 1:::: DJClc:~o ~UO(~> :> - ~ I- ñi 1n a; a; õ 0 ('I'j(l") t-UrJ5c6 - .. o U ... !;:¡ .¡;¡ - c: .¡;¡ ::¡¡ " i!! 0( _ E E ¡'J "", "en .. èñœ - " " E .. " ".<= E 0. 1!w 0. W !'-1(') 0 0....... ...-0)00...... cn'l:tO"";-CX) ......-Ñ~C".rr--: tß-eA-tA-tf. . ~>=......v " ........9 Q) u.. u. C: ,2 ci-ci-Q)2: (J)CI)rJ)Q) en C\I"'I:tOO N"""oa . . a CD 00 _ ... EA-&'7ffl-EA- NO ..." "'" as 1l)w o "' ... I!!- .<= ... ~- " '" ß o I- <iì "E -.. i!! » " . ,,0" .. .. "0 0.'" "'''' 0' '" .. "' " ..<= '" " .q- .5 x", .. - " .. ..... " .. " " N» " ." ::; 0,- -..oc"O - ::J 0 c: (\: (J ._ (\: > ü CO:gCD§ ':: E...- 0.._ (áQ)-cn13 mC:::Cõ.E: c§i;~(I) O~EQ).£ ~SQ)~-c " Q) e:::._ 0 C)..... 0)';:: (J Q) == c: Q) ~>cnwa.. " ¡:: " " c: " c: " :5 2-38 tti Õ I- <iì i!! " " !!!. c: .¡;; " c: '" o c: ~ø .Q «I C 'E (J æ Q) .- ~ '¡) gu 0 o c.. "''''''' "'....., ......... ):>= tti ~ "' a .,.; ~ "' a '" '" "' en ... "t ,... N ... ... .. >- " " .~ " en "' to "' ... ... '" ... o "' - o ... - c " E " " " ã. " at ... " :I .. I- .. o ti " > 01 " c: " c .! c: .¡;¡ ::¡¡ .. " ~ E .. .s U) ~ I- ãi 'õ c '" c ü: 'ë: ::J :2 LO a LO a 1(j a 0 In '" -æûi ... '" ... In 0 o. 0_ - 0 "'- q (2u 0 0 ~ 0 ... ... ¡;; '" '" ... " '" c ... c ... ... « ... c 0 ., l'! " Q - '" ::¡ - ~ '" " 00.. U :æ N ~ Ó ZN~ - ...... (,) 0 " j9't:Z en .! ¡¡; RS .! >õE= co <> '5 :g _ ..c:- ..c:._ c:: u U ~ CD s::: ... .- E co " :;¡ " II: ~u. ~ >- ,- ,.,... co U £:" c.õ §.5 - E E " u "0 8.;; '" c (,) '" '" " "00 C ... '" 0 .... '" f! « w u z « z w .... z :¡¡: ~ It: w ~ ~ o .... II) Q Z « w 0.. « U II) Q Z :3 .... ~ o .... II) w II) z W 0.. X W W ::: ~ .... II) z i ~ - " <: :¡¡ " It: ;:i "t¡¡ " o ¡;; " c c « ¡¡; õ .... :> ¡,; c .Q 15. E :OJ '" '" « e .Q ro .2' :is Q) 0 "" Q) :: E 0" e '" ,9 ~ a; 0 a.; E Q) 0- ~ E .2~ g¡ Q) Q) '" (,) .- g :ü '" 0. ",.Q "L Q) ~ã) 0'0 0; Q) >"" Q).... '0 . ID ~ ~ -:5 ttI ro c~~ 2..0 LO ::1::<ñ Q) 0 ., rJ-cã; ~æ:5 =~a 3:_- ~ _ e QJ ro .Q g..!a ro ã5Eg> > '" .c '" ~ 0 "0 '" Q) Q) e E -:5 a. ::1 .E~~ - ., § 'õ 0 :.=c:- ~.º 'i =m(â .g .5 E ooE:; o Q) '" (,) - '" C)"'C ._ C::'so .¡;: C'tI u- S ,9- U 'c .~ Q) 0-"" ~~- .. '0 E Eæ ., f! '" æ C) h. - 0 ., ~ a. ~ f! In '" ",- E c: E OJ '¡: ~ "" 0 Q) a.:!::: .c We_ o ~ ""':ES 2-39 Ji. u Q) :; '0 e ., "" (,) e ., or: >- ., Õ Ji. u Q) :; E e - '0 e ., ..... ~ '" '" ':; '" "" e o '0 '" '" ., .c 1:- ., :¡ .c ~ (,) e ., or: >- ., Õ E ,g '" Q) ro E :;; Q) e o '0 Q) '" ., .c ~ ., '" 1;5 o (,) Q) (,) e ., e Q) "E "(õ ::; LO Õ LO ro 'ü e ., e ü: .¡;: " ::; E o 01= - .¡;: " ~ '" 0. .!!3 '" o (,) Q) (,) e ., e Q) "E .¡¡; ::; ~ fJ '" '0 e ., .... N ~ Q) ro ~ E o 1i5 M (ij .¡; e ., c ü: '" :J ::; DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR THE INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 12M (VILLAGE 7) WHEREAS, the City Council of the City Of Chula Vista, California desires to initial proceedings to create a Community Facilities District therein pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District shall hereinafter be designated as Community Facilities District No. 12M (Village 7) (the "District"); and WHEREAS, there has been submitted a map showing the boundaries of the territory proposed to be included in the District which territory includes the properties and parcels of land proposed to be subject to the levy of special taxes by the District. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. The map designated as "Boundaries of Community Facilities District No. 12M (Village 7)" showing the boundaries of the territory proposed to be included in the District which territory includes the properties and parcels of land proposed to be subject to the levy of a special tax by the District. SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy of the map of the 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 the hearing on the formation of such 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 for in Sections 3110 and 3111 of the Streets and Highways Code of the State of Califomia. PREPARED BY: APPROVED AS TO FORM BY: Sohaib Al-Agha City Engineer I R VPUBIM UMI692160.! 1 2-40 DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 12M (VILLAGE 7) AND TO AUTHORIZE THE LEVY A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), desires to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part I, Division 2, Title 5 of the Goverrunent Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be feferred to collectively as the "Community Facilities District Law"). This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 12M (Village 7) (the "District"); WHEREAS, this City Council is now required to proceed to adopt its Resolution of Intention to initiate the proceedings fOf the establishment of such District, to set forth the boundaries for such District, to indicate the type of public services to be financed by such District, to indicate a fate and method of apportionment of special taxes proposed to be levied within the District sufficient to finance such services to set a time and place for a public hearing relating to the establishment of such District; and, WHEREAS, a map of such District has been submitted showing the boundaries of the territory proposed to be included in the District which territory includes the properties and parcels ofland proposed to be subject to the levy ofa special tax by the District. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION I. Recitals. The above recitals are all true and correct. SECTION 2. Initiation of Proceedings. These proceedings are initiated by this City Council pursuant to the provisions of the Community Facilities District Law. SECTION 3. Boundaries of District. It is the intention of this City Council to establish the Community Facilities District pursuant to the provisions of the Community Facilities District Law, and to determine the boundaries and parcels on which special taxes may be levied to finance certain services. A description of the boundaries of the territory proposed for inclusion in the District including properties and parcels of land proposed to be subject to the levy of a special tax by the District is as follows: All that property as shown on a map as previously approved by this City Council, such map designated by the name of this Community Facilities District, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. R VPUB\MUM\692\55.\ 2-41 ····DRAFT SECTION 4. Name of District. The proposed Community Facilities District shall be known and designated as "Community Facilities District No. 12M (Village 7)." SECTION 5. Description of Services. It is the intention of this City Council to finance certain services that are in addition to those provided in or required for the territory within the District and will not be replacing services already available. A general description of the services to be provided is as follows: The maintenance of (a) landscaping including but not limited to, parkways, medians and slopes throughout the District and (b) facilities that are directly related to storm water quality control throughout the District. Such maintenance shall include, but not be limited to, the provision of all labor, material, administration, personnel, equipment and utilities necessary to maintain such habitat conservation areas and such storm water quality control facilities. SECTION 6. Special Tax. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to pay for such services and related incidental expenses authorized by the Community Facilities District Law, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the boundaries of the District. Under no circumstances will the special tax authorized to be levied within the District be increased as a consequence of delinquency or default by the owner of any other parcel or parcels used for private residential purposes and located within the District by more than 10 percent. For further particulars as to the rate and method of apportionment of the special tax proposed to be levied, reference is made to the attached and incorporated Exhibit "A", which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the District to clearly estimate the maximum amount that such person will have to pay for such services. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. SECTION 7. Public Hearing. Notice is given that on the 12th day of July, 2005, at the hour of 7 o'clock p.m., in the regular meeting place of the City Council being the Council Chambers, located at 276 Fourth Avenue, Chula Vista, California, a public hearing will be held where this City Council will consider the establishment of the proposed District, the proposed rate and method of apportionment of the special taxes proposed to be levied within the District, and all other matters as set forth in this resolution of intention. At the above-mentioned time and place for public hearing any persons interested, including taxpayers and property owners may appear and be heard. The testimony of all interested persons for or against the establishment of the District, the extent of the District, or the furnishing of the services, will be heard and considered. Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk of the City Council on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing. RVPUBIMUMI692155.1 2-42 DRAFT If a written majority protest against the establishment of the District is filed, the proceedings shall be abandoned. If such majority protest is limited to certain services or portions of the special tax, those services or that tax shall be eliminated by the City Council. SECTION 8. Election. If, following the public hearing described in the Section above, the City Council determines to establish the District and proposes to levy a special tax within the District, the City Council shall then submit the levy of the special taxes to the qualified electors of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the District for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of the District, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of the District who were the owners ofrecord at the close of the subject hearing, with each landowners or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within the District. A successful election relating to the special tax authorization shall, as applicable, establish and/or change the appropriations limit as authorized by Article XUIB of the California Constitution as it is applicable to this District. SECTION 9. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing a Notice of Public Hearing to be published in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. PREPARED BY: APPROVED AS TO FORM BY: Sohaib Al-Agha City Engineer RVPUBIMUMI692I 55. I 2-43 DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 12M (VILLAGE 7) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has declared its intention to initiate proceedings to create a Community Facilities District therein 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 the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California. This Community Facilities District shall hereinafter be designated as Community Facilities District No. 12M (Village 7) (the "District"); and WHEREAS, this City Council directs, pursuant to the provisions of Section 53321.5 of the Government Code of the State of California, the preparation of a Community Facilities District Report to provide more detailed information relating to the proposed District the services proposed to be fmanced from the proceeds of special taxes to be levied within the District and estimate of the cost of providing such services. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION 1. The above recitals are true and correct. SECTION 2. The City Engineer is hereby directed and ordered to study the proposed Community Facilities District No. 12M (Village 7) and prepare a Community Facilities District Report (the "Report") to be presented to this City Council. The Report shall generally contain the following: SERVICES: A description of the public facilities and services, by type, which, in the City Engineer's opinion, will be required to adequately meet the needs of the District. COST ESTIMATE: A general cost estimate setting forth the anticipated costs of providing those required facilities and services. SPECIAL TAX: Information regarding the implementation of the rate and method of apportionment of the special tax proposed to be levied within the District. RVPUBIMUM\692158.1 1 2-44 SECTION 3. The Report, upon its preparation, shall be submitted to this City Council for review, at or before the public hearing on the Resolution of Intention to establish the District. The Report shall be made a part of the record of that public hearing. PREPARED BY: APPROVED AS TO FORM BY: Jack Griffm Director of General Services RVPUBIMUM\692158.1 2 2-45 COUNCIL AGENDA STATEMENT 3 Item Meeting Date: 06/07/05 ITEM TITLE: Resolution authorizing the City Manager to cast ballots for all affected City owned Property approving the County of San Diego's proposed "Mosquito, Vector and Disease Assessment" SUBMITTED BY: City Engineer ~ City Manager 0 (4/5ths Vote:_No-X..J REVIEWED BY: The Council is requested to adopt a Resolution authorizing the City Manager to cast ballots for all affected City owned Property approving The County of San Diego's proposed "Mosquito, Vector and Disease Assessment" RECOMMENDATION: That the Council: 1. Adopt the Resolution BOARDS/COMMISSION: Not applicable DISCUSSION: On March 23,2005 the County Board of Supervisors Authorized the Department of Environmental Health to proceed with balloting all property owners in the County in an attempt to establish a yearly assessment for the San Diego County Vector Control Program (VCP). Pursuant to Proposition 218, Article XII D, Section 4, parcels that are owned or used by a local agency are not exempt from assessments unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. This measure is a proposed Proposition 218 Assessment. Staff requested and received a copy of the Engineers report required by Proposition 218 as well as a detailed accounting of the assessments proposed for City owned property. As set forth in the Engineers Report the San Diego County Vector Control Program's (VCP) core services are summarized as follows: I. Earlydetection of public health threats through comprehensive vector surveillance. n. Protection of public health by controlling vectors or exposure to vectors that transmit diseases to humans. III. Appropriate, timely response to customer requests to prevent/control vector-borne diseases. As proposed the assessment would begin in fiscal year 2005-2006 with the City's initial bill totaling $4,424.64. This amount is based upon property currently in the City inventory and may adjust up or down depending on our holdings at any given time. Additionally, the assessment is 3-1 Page 2, Item 3 Meeting Date 06/07/05 tied to the Consumer Price Index (CPI) for the San Diego Area as of December of each succeeding year with the maximum annual adjustment set at five percent. FISCAL IMPACT: The fiscal impact of this assessment in FY 06 will total $4,424.64. This amount will increase annually by the Consumer Price Index for the San Diego Area, with a maximum annual increase of 5%. Many of the parcels included in the district are open space areas maintained by the City's own Open Space Districts and Community Facility Districts. It is staff's intention to recover this expense through the annual assessments levy for these districts. The assessment cost for the remaining parcels will generate a general fund impact. Staff will pursue any and all viable funding sources to offset this expense in the future. Should such a source be identified, staff will return to Council with recommendations for an alternative funding mechanism. File: J:\EngineerIAGENDAICAS200516-07-05\Vector Control AD.doc 3-2 DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO CAST BALLOTS FOR ALL AFFECTED CITY OWNED PROPERTY APPROVING THE COUNTY OF SAN DIEGO'S PROPOSED MOSQUITO, VECTOR AND DISEASE ASSESSMENT WHEREAS, on March 23,2005, the County Board of Supervisors authorized the Department of Environmental Health to proceed with balloting all property owners in the County in an attempt to establish a yearly assessment for the San Diego County Vector Control Program (VCP); and WHEREAS, pursuant to article xm D, section 4 of the California Constitution, publicly held properties that are exempt ITOm property taxes are not exempt from assessments unless the agency demonstrates by clear and convincing evidence that the agency parcels derive no benefit from the special assessment; and WHEREAS, the San Diego County Vector Control Program's (VCP) core services are: (1) early detection of public health threats through comprehensive vector surveillance; (2) protection of public health by controlling vectors or exposure to vectors that transmit diseases to humans; and (3) appropriate, timely response to customer requests to prevent/control vector-borne diseases; and WHEREAS, these services are beneficial to the City ofChula Vista and it's residents; and WHEREAS, the City owns large tracts of open space and other land not currently assessed for these services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the City Manager to cast ballots for all affected City- owned property approving the County of San Diego's proposed Mosquito, Vector and Disease Assessment. Presented by Approved as to form by Sohaib Al-Agha City Engineer ::J.Al¡~lÁ- ~ Moore City Attorney 3-3 COUNCIL AGENDA STATEMENT Item Meeting Date 4 6/07105 ITEM TITLE: Resolution Establishing the Appropriations Limit for the City of Chula Vista for Fiscal Year 2005-06 REVIEWED BY: Director of FinancelTreasurer1!... City Manager ÇZ) (4/5ths Vote: Yes _No-2L,) SUBMITTED BY: Article XIIIB of the California Constitution approved by the voters in 1979 and commonly referred to as the Gann Initiative, requires each local government to establish an Appropriations Limit by resolution each year at a regularly scheduled meeting or noticed special meeting. The purpose of the limit is to restrict spending of certain types of revenues to a level predicated on a base year amount increased annually by an inflation factor. RECOMMENDATION: That the City Council adopt a resolution establishing an appropriations limit of $446,907,029 for the 2005-06 fiscal year. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Article XIIIB of the California Constitution, approved by the voters in 1979, imposed the concept of spending limits on local governments. This Constitutional provision and related implementing legislation specifies that annual increases in appropriations financed from "Proceeds of Taxes" are limited to a base year (1978-79) amount increased annually by an inflation factor comprised of the change in population of the City combined with the greater of the change in new non-residential construction or the change in the California per capita personal income. By definition, "Proceeds of Taxes" includes such revenues as property taxes, sales and· use taxes, utility users taxes, transient occupancy taxes, and state subventions. Revenues from other sources like fees/charges and federal grants are considered "Non-Proceeds of Taxes" and are not subject to the annual spending limit. This calculation has always been perfunctory for the City of Chula Vista, since the proceeds of taxes for the City are far less than the statutory appropriation limit. The State Department of Finance and the San Diego County Assessor's Office are charged with providing the data necessary for local jurisdictions to establish their 4-1 Page 2, Item Meeting Date if 6/07/05 appropriation limit. According to these sources, for purposes of the fiscal year 2005-06 calculation, the population increased 4.35% and California per capita personal income increased by 5.26%. New non-residential construction increased 1.78% and was not used in the formula to compute the limit since this increase was lower than the increase in California per capita personal income. The fiscal year 2005-06 Appropriation Limit has been calculated as follows: Fiscal Year 2004-05 Appropriation Limit $406,875,338 Increased by an inflation factor composed of the increases in population and California per capita personal income X 1.0984 Fiscal Year 2005-06 Appropriations Limit $446,907.029 The "Proceeds of Taxes" as included in the fiscal year 2005-06 Proposed Budget that are subject to the appropriations limit are estimated to be $78,869,186 (see attachment). Therefore the City has what is referred to as an appropriation "gap" of $368,037,843 ($446,907,029 - $78,869,186). Simply stated, this means that the City could collect and spend up to $368,037,843 more in taxes during fiscal year 2005-06 without exceeding the Constitutional limit. FISCAL IMPACT: This action will enable the City to appropriate and spend tax revenues estimated at $78,869,186 included in the proposed budget for fiscal year 2005-06. 4-2 . Page 3, Item Meeting Date 4- 6/07/05 ATTACHMENT APPROPRIATION (GANN) LIMIT GAP CALCULATION FOR FISCAL YEAR 2005-06 Proceeds of Taxes FY 2005-06 Proposed Budget Property Taxes Sales and Use Taxes Transient Ocupancy Taxes Utility Taxes Other Local Taxes Real Property Transfer Tax Business License State Motor Vehicle Licenses State Homeowners Property Taxes 20,033,558 26,788,000 2,410,301 7,435,816 2,407,777 1,169,456 18,424,278 200,000 Total Proceeds of Taxes 78,869,186 Appropriation Limit 446,907,029 GAP (Under Limit) (368,037,843) Proceeds of Taxes Compared to Legal Spending Limit rJ $500 !:: .S! $400 2$300 $200 $100 $0 . . . . FY03 FY04 FY05 FY06 1_ Proceeds of Taxes -+- Appropriation Umit I 4-3 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE APPROPRIA nONS LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2005-06 WHEREAS, Article XIIIB of the California Constitution approved by the voters in 1979 and commonly referred to as the Gann Initiative, requires each local government to establish an Appropriations Limit by resolution each year at a regularly scheduled meeting or noticed special meeting; and WHEREAS, the purpose of the limit is to restrict spending of certain types of revenues to a level predicated on a base year amount increased annually by an inflation factor. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby establish an appropriations limit of $446,907,029 for the 2005-06 fiscal year. Presented by Approved as to form by 1/o.v- 7 . ~ Maria Kachadoorian Director of Finance Ann Moore City Attorney J:\Attomey\RESO\Appropriatioo Limit for FY 2005-06.doc 4-4 COUNCIL AGENDA STATEMENT Item Meeting Date 6 06/07/05 SUBMITTED BY: RESOLUTION APPROVING A REVISED CITY INVESTMENT POLICY AND GUIDELINES AS RECOMMENDED BY THE ASSOCIATION OF PUBLIC TREASURERS OF THE UNITED STATES AND CANADA Director of Finance/Treasure~ City Manager W (4/5ths Vote: Yes No X) ITEM TITLE: REVIEWED BY: The City has an existing Investment Policy and Guidelines to ensure the prudent management of the City's cash balances. State law requires that the Investment Policy and Guidelines be adopted by resolution of the City Council after being reviewed to ensure consistency with the overall objectives of preservation of principal, liquidity, and yield, and its relevance to current law and financial and economic trends. The City's current investment policy adequately provides guidelines for investing City funds per the California Government Code sections 53600 et. seq. and 53635 et. seq.. However, participation in the Association of Public Treasurers of the United States and Canada (APTUSC) Investment Policy Certification Program provides an independent peer review to the City's policy to further ensure that professional standards are met. Additionally, to meet the APTUSC certification standards, the City's current investment policy needs to be amended to include sections addressing Portfolio Adjustments, Performance Standards and a Glossary. It is recommended that the Council adopt the resolution approving the revised Investment Policy and Guidelines. RECOMMENDATION: That Council adopt Resolution revised Investment Policy and Guidelines. approving a BOARDS & COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: The City's Investment Policy and Guidelines adopted on February 18,2003 by Resolution 2003-062 is intended to provide direction for the prudent investment of available cash, and for maximizing the efficiency of the cash management process. The stated goal is to enhance the economic condition of the City while ensuring the safety of funds invested. The policy includes a list of specific investment instruments available under the relevant California Government Code provisions, 53600 et. seq. and 53635 et. seq. Each investment transaction is made in the context of first ensuring the "safety" of principal, second, investing only for that timeframe that the cash is not needed for operational purposes ("liquidity"), and last seeking the highest return possible ("yield") provided that the first two factors are met. 5-1 Item No. Date 06/07/05 Page 2 6 The current policy is being amended for submission to the Association of Public Treasurers of the United States and Canada (APTUSC) for certification. The APTUSC was founded in 1965. APTUSC represents 2,000 public treasury and finance officials in local, county and state/provincial governments throughout North America. The APTUSC provides educational seminars and conferences, publications, policy and legislative information, and technical assistance to members in the following areas: Cash Management, Banking Services, Investment Policies and Practices, Debt Management, Internal Controls, Pension and Benefits Administration, Automation & Technology, Cash Handling, Revenue Collections, and New Revenue Sources. APTUSC has developed an Investment Policy Program that provides public investors with guidance and technical assistance in developing a comprehensive written investment policy. The City's current investment policy adequately provides guidelines for investing City funds per the California Government Code sections 53600 et. seq. and 53635 et. seq.. However to receive the APTUSC certification, the policy has been amended to include sections which address Portfolio Adjustments, Performance Standards and a Glossary. The proposed policy will include the following sections: 1. Purpose 2. Policy 3. Scope 4. Prudence 5. Objective 6. Delegation of Authority 7. Ethics and Conflicts ofInterest 8. Authorized Financial Dealers and Institutions 9. Authorized and Suitable Investments 10. Portfolio Adjustments 11. Collateralization 12. Safekeeping and Custody 13. Diversification 14. Maximum Maturities 15. Internal Control 16. Performance Standards 17. Reporting 18. Investment Policy Adoption 19. Glossary Creating a policy that will meet certification standards set by a nationally recognized organization will provide further assurance to the City Council and the public that the City is abiding by professional standards established to ensure prudent management of public funds. FISCAL IMPACT: There is no direct fiscal impact by this action. 5-2 ATTACHMENTS: 2004/05 Investment Policy and Guidelines (Proposed Policy) Current Investment Policy (Current Policy) 5-3 '5 Item No. Date 06/07/05 Page 3 - .-----.-.-.-.-.. --.._-_.~-_._~._.__.._~_.- CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY AND GUIDELINES FISCAL YEAR 2004/2005 1.0 Purpose: ................................................................................................................................... 2 2.0 Policy: ....................................................................... ................................................................ 2 3.0 Scope: ....................................................................................................................................... 2 4.0 PrudeDce: ................................................................................................................................. 3 5.0 0 b j ectiv e: .............................................................. ................................................................... 3 6.0 DelegatioD of Authority:......................................................................................................... 4 7.0 Ethics and Conflicts of Interest: ............................................................................................ 4 8.0 Authorized Financial Dealers and IDstitutions: ................................................................... 4 9.0 Authorized & Suitable InvestmeDts: ..................................................................................... 5 10.0 Portfolio AdjustmeDts: ......................................................................................................... 8 11.0 Colla teralizatioD: ...... ................................................. ............................................................ 8 12.0 Safekeeping and Custody: .................................................................................................... 8 13.0 Diversification: ...................................................................................................................... 9 14.0 Maximum Maturities: .......................................................................................................... 9 15.0 Internal Control: ................................................................................................................. 10 16.0 PerformaDce Standards: ....................................................................................................10 17.0 ReportiDg: ............................................................................................................................11 18.0 Investment Policy Adoption:..............................................................................................12 GLOSSARY..~.............................................................................................................................. 13 Page I of 17 5-4 CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY AND GUIDELINES FISCAL YEAR 2004/2005 1.0 Purpose: This "Investment Policy and Guidelines" (the "Investment Policy") Policy is intended to provide guidelines for the prudent investment of the City ofChula Vista's (the "City") cash balances, and outline policies to assist in maximizing the efficiency of the City's cash management system, while meeting the daily cash flow demands of the City. 2.0 Policy: The investment practices and policies of the City of Chula Vista are based upon state law and prudent money management. The primary goals of these practices are: A. To ensure compliance with all Federal, State, and local laws governing the investment of public funds under the control of the Director of Finance/Treasurer. B. To protect the principal monies entrusted to the City's Finance Department. C. Achieve a reasonable rate of return within the parameters of prudent risk management while minimizing the potential for capital losses arising from market changes or issuer default. 3.0 Scope: This Investment Policy applies to all financial assets of the City of Chula Vista, as indicated in 3.1 below. These funds are accounted for in the City's Comprehensive Annual Financial Report. 3.1 Funds: The Director of Finance/Treasurer is responsible for investing the unexpended cash in the City Treasury for all funds, except for the employee's retirement funds, which are administered separately, and those funds which are managed separately by trustees appointed under indenture agreements. The Director of Finance/Treasurer will strive to maintain the level of investment of this cash as close as possible to 100%. These funds are described in the City's annual fmancial report and include: · General Fund · Special Revenue Funds · Capital Project Funds · Enterprise Funds · Trust and Agency Funds · Any new fund created by the legislative body, unless specifically exempted This Investment Policy applies to all transactions involving the financial assets and related activity of the foregoing funds. Page 2 of 17 5-5 CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY AND GUIDELINES FISCAL YEAR 2004/2005 4.0 PrudeDce: The standard of prudence to be used by the Director of Finance/Treasurer shall be the "prudent investor standard". This shall be applied in the context of managing an overall portfolio. The "prudent investor standard" is applied to local agencies, pursuant to California Government Code Section 53600.3 which provides, in pertinent part: " ... all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. ..." 4.1 Personal Responsibility: The Director of Finance/Treasurer, Assistant Director of Finance and Treasury Manager as investment officers acting in accordance with written procedures and the Investment Policy and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported to the City Council in a timely fashion and appropriate action is taken to control adverse developments. 5.0 Objective: Consistent with this aim, investments are made under the terms and conditions of California Government Code Section 53600, et seq. Criteria for selecting investments and the absolute order of priority are: 5.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Chula Vista shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. 5.2 Liquidity: The City of Chula Vista's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated and to maintain Page 3 of17 5-6 CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY AND GUIDELINES FISCAL YEAR 2004/2005 compliance with any indenture agreement, as applicable. Liquidity is essential to the safety of principal. 5.3 Return on Investments: The City of Chula Vista's investment portfolio shall be designed with the objective of attaining a market-average rate of return throughout budgetary and economic cycles (market interest rates), within the City's Investment Policy's risk parameters and the City's cash flow needs. See also Section 16.1. 6.0 DelegatioD of Authority: The Director of Finance/Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The responsibility for the day-to-day investment of City funds will be delegated to the Treasury Manager under the general direction of the Assistant Director of Finance. 7.0 Ethics and Conflicts ofInterest: In addition to state and local statutes relating to conflicts of interest, all persons involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officers are required to file annual disclosure statements as required for "public officials who manage public investments" [as defined and required by the Political Reform Act and related regulations, including Government Code Sections 81000, et seq., and the rules, regulations and guidelines promulgated by California's Fair Political Practices Commission (FFPC)]. 8.0 Authorized FiDaDcial Dealers and Institutions: The City's Director of Finance/Treasurer will maintain a list of the fmancial institutions and brokers/dealers authorized to provide investment and depository services and will perform an annual review of the fmancial condition and registrations of qualified bidders and require annual audited fmancial statements to be on file for each company. The City will utilize Moody's Securities or other such services to determine financially sound institutions with which to do business. The City shall annually send a copy of the current Investment Policy to all financial institutions and brokers/dealers approved to do business with the City. As far as possible, all money belonging to, or in the custody of, a local agency, including money paid to the City's Director of Finance/Treasurer or other official to pay the principal, interest, or penalties of bonds, shall be deposited for safekeeping in state or national banks, savings associations, federal associations, credit unions, or federally insured industrial loan companies in this state selected by the City's Director of Finance/Treasurer; or may be invested in the investments set forth in Section 9.0. To be eligible to receive local agency money, a bank, Page 4 of17 5-7 - --_.,..,._--_..,_.~_._-_._-_.__._---_._------_.~~ CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY AND GUIDELINES FISCAL YEAR 2004/2005 savings association, federal association, or federally insured industrial loan company shall have received an overall rating of not less than "satisfactory" in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California's communities, including low- and moderate-income neighborhoods. To provide for the optimum yield in the investment of City funds, the City's investment procedures shall encourage competitive bidding on transactions from approved brokers/dealers. In order to be approved by the City, the dealer must meet the following criteria: (i) the dealer must be a "primary" dealer or regional dealer that qualifies under Securities and Exchange Commission Rule l5C3-l (Uniform Net Capital Rule); (ii)the dealer's institution must have an office in California; (iii)the dealer must be experienced in institutional trading practices and familiar with the California Government Code as related to investments appropriate for the City; and (iv) all other applicable criteria, as may be established in the investment procedures. All brokers/dealers and fmancial institutions who desire to become qualified bidders for investment transactions must submit a "Broker/Dealer Application" and related documents relative to eligibility including a current audited annual financial statement, U4 form for the broker, proof of state registration, proof of National Association of Securities Dealers certification and a certification of having read and understood the City's Investment Policy and agreeing to comply with the Investment Policy. The City's Director of Finance/Treasurer shall determine if they are adequately capitalized (i.e. minimum capital requirements of $10,000,000 and five years of operation). 9.0 Authorized & Suitable Investments: The City is authorized by California Government Code Section 53600, et. seq., to invest in specific types of securities. Investments not specifically listed below are deemed inappropriate and prohibited: A. BANKERS' ACCEPTANCES, maximum 25% of portfolio (up to 40% with Council approval). Maximum term 180 days. Banks must have a short term rating of at least A1/Pl and a long-term rating of A or higher as provided by Moody's Investors Service or Standard and Poor's Corp. No more than 30% of the agency's money may be invested in the bankers' acceptances of anyone commercial bank pursuant to this section. B. NEGOTIABLE CERTIFICATES OF DEPOSIT, maximum 30% of portfolio. Maximum term 3 years, (Up to 5 years with Council approval). Banks must have a short term rating of A1/Pl and a long term rating of at least a single A from a nationally recognized authority on ratings. C. COMMERCIAL PAPER, maximum 25% of portfolio. Maximum term 270 days. Commercial paper of prime quality of the highest ranking or of the highest letter and number rating as provided for by Moody's Investor Services, Standard & Poor's- and Fitch Financial Services. The issuing corporation must be organized and operating within the United States, Page 5 of17 5-8 CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY AND GUIDELINES FISCAL YEAR 200412005 with total assets in excess of $500 million and shall issue debt, other than commercial paper, that is rated "A" or higher by Moody's, S&P and Fitch. Split ratings (i.e. A2/Pl) are not allowable. No more than 10% of the outstanding commercial paper of any single corporate issue may be purchased. D. BONDS ISSUED BY THE CITY OR ANY LOCAL AGENCY WITHIN THE STATE OF CALIFORNIA. Bonds must have an "A" rating or better from a nationally recognized authority on ratings. E. OBLIGATIONS OF THE UNITED STATES TREASURY. United States Treasury Notes, bonds, bills or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There is no limit on the percentage of the portfolio that can be invested in this category. F. FEDERAL AGENCIES. Debt instruments issued by agencies of the Federal government. Though not general obligations of the U.S. Treasury, such securities are sponsored by the government or related to the government and, therefore, have high safety ratings. The following are authorized Federal Intermediate Credit Bank (FICB). Federal Land Bank (FLB), Federal Home Loan Bank (FHLB), Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHLMC), Government National Mortgage Association (GNMA), Tennessee Valley Authorities (TV A). Student Loan Association Notes (SLMA) and Small Business Administration (SBA). There is no limit on the percentage of the portfolio that can be invested in this category. G. REPURCHASE AGREEMENT, maximum term 3 months. Investments in repurchase agreements may be made, on any investment authorized in this section, when the term of the agreement does not exceed 3 months. A Master Repurchase Agreement must be signed with the bank or broker/dealer who is selling the securities to the City. H. REVERSE-REPURCHASE AGREEMENTS, (requires City Council approval for each transaction). Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met: a) The security to be sold on reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum 000 days prior to sale. b) The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20% of the base value of the portfolio. c) The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. Page 6 of1? 5-9 CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY AND GUIDELINES FISCAL YEAR 2004/2005 d) Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counter party by way of a reverse repurchase agreement or securities lending agreement, shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security shall only be made with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency. e) For purposes of this chapter, "significant banking relationship" means any of the following activities of a bank: i. Involvement in the creation, sale, purchase, or retirement of a local agency's bonds, warrants, notes, or other evidence of indebtedness. ii. Financing of a local agency's activities. 111. Acceptance of a local agency's securities or funds as deposits. I. MEDIUM-TERM CORPORATE NOTES, maximum 20% of portfolio (30% with Council approval), with a maximum remaining maturity of five years or less. Notes eligible for investment shall be "A" rated or its equivalent or better as determined by a nationally recognized rating service. J. TIME DEPOSITS-CERTIFICATES OF DEPOSIT (non-negotiable certificates of deposit.) Maximum of 3 years. Deposits must be made with banks or savings & loan that have a short term rating of AlIPl or a long term rating of at least a single A from a generally recognized authority on ratings. K. OBLIGATIONS OF THE STATE OF CALIFORNIA, must be "A" rated or better from a nationally recognized authority on ratings. L. MONEY MARKET FUNDS, maximum 15% of portfolio, (requires City Council approval for each transaction). No more than 10% of the agency's surplus funds may be invested in shares of beneficial interest of anyone Money Market fund. Local agencies may invest in "shares of beneficial interest" issued by diversified management companies which invest only in direct obligations in U.S. Treasury bills, notes and bonds, and repurchase agreements with a weighted average of 60 days or less. They must have the highest rating from two national rating agencies, must maintain a daily principal per share value of $1.00 per share and distribute interest monthly, and must have a minimum of $500 million in assets under management. The purchase price ofthe shares may not include commission. Page 7 of 17 5-10 CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY AND GUIDELINES FISCAL YEAR 2004/2005 M. THE LOCAL AGENCY INVESTMENT FUND (LAIF) is a special fund of the California State Treasury through which any local government may pool investments. The City may invest up to $40 million in this fund. Currently, the City has established two (2) agency funds through which the Director of Finance/Treasurer may invest the unexpended cash for all funds: The City of Chula Vista City Fund, and the Chula Vista Redevelopment Agency Fund. Investments in LAIF are highly liquid and may be converted to cash within 24 hours. 9.1 Investment Pools: The City's Director of Finance/Treasurer or designee shall be required to investigate all local government investment pools and money market mutual funds prior to investing and performing at least a quarterly review thereafter while the City is invested in the pool or the money market fund. LAlF is authorized under provisions in Section 16429.1 of the California Government Code as an allowable investment for local agencies even though some of the individual investments of the pool are not allowed as a direct investment by a local agency. 10.0 Portfolio Adjustments: Should any investment listed in section 9.0 exceed a percentage-of-portfolio limitation due to an incident such as fluctuation in portfolio size, the affected securities may be held to maturity to avoid losses. When no loss is indicated, the Director of Finance/Treasurer shall consider reconstructing the portfolio basing his or her decision on the expected length of time the portfolio will be unbalanced. If this occurs, the City Council shall be notified. 11.0 Collateralization: Under provisions of the California Government Code, California banks, and savings and loan associations are required to secure the City's deposits by pledging government securities with a value of 110 % of principal and accrued interest. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the City's total deposits. Collateral will always be held by an independent third party. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The market value of securities that underlay a repurchase agreement shall be valued at 102% or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102% no later than the next business day. The Director of Finance/Treasurer, at his or her discretion, may waive the collateral requirement for deposits that are fully insured up to $100,000 by the Federal Deposit Insurance Corporation. The right of collateral substitution is granted. 12.0 SafekeepiDg and Custody: Page 8 of 17 5-11 CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY AND GlliDELINES FISCAL YEAR 2004/2005 All City investments shall identify the City of Chula Vista as the registered owner, and all interest and principal payments and withdrawals shall indicate the City of Chula Vista as the payee. All securities shall be safe kept with the City itself or with a qualified financial institution, contracted by the City as a third party. All agreements and statements will be subject to review annually by external auditors in conjunction with their audit. In the event that the City has a financial institution hold the securities, a separate custodial agreement shall be required. All securities shall be acquired by the safekeeping institution on a "Delivery-Vs-Payment" (DVP) basis. For Repurchase Agreements, the purchase may be delivered by book entry, physical delivery or by third-party custodial agreement consistent with the Goverrunent Code. The transfer of securities to the counter party bank's customer book entry account may be used for book entry delivery. 13.0 Diversification: The City's investment portfolio will be diversified to avoid incurring unreasonable and avoidable risks associated with concentrating investments in specific security types, maturity segment, or in individual fmancial institutions. With the exception of U.S. Treasury securities and authorized pools, no more than 60% of the total investment portfolio will be invested in a single security type or with a single fmancial institution. In addition, no more than 10% of the investment portfolio shall be in securities of anyone issuer except for U.S. Treasuries and U.S. Goverrunent Agency issues. A. Credit risk, defined as the risk of loss due to failure of the insurer of a security, shall be mitigated by investing in those securities with an "A" or above rating and approved in the Investment Policy and by diversifying the investment portfolio so that the failure of anyone issuer would not unduly harm the City's cash flow. B. Market risk, defmed as the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by structuring the portfolio so that securities mature at the same time that major cash outflows occur, thus eliminating the need to sell securities prior to their maturity. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable and must be considered within the context of overall investment return. The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. 14.0 Maximum Maturities: To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of purchase, unless, the legislative Page 9 of 17 5-12 CITY OF CIruLA VISTA STATEMENT OF INVESTMENT POLICY AND GIDDELINES FISCAL YEAR 2004/2005 body has granted express authority to make that investment either specifically, or as a part of an investment program approved by the City Council. 15.0 Internal Control: The Director of Finance/Treasurer shall establish a system of internal controls designed to prevent loss of public funds due to fraud, employee error, misrepresentation by third parties, or unanticipated market changes. No investment personnel may engage in an investment transaction except as provided for under the terms of this Investment Policy and the procedure established by the Director of Finance/Treasurer. The external auditors shall annually review the investments with respect to the Investment Policy. This review will provide internal control by assuring compliance with policies and procedures for the investments that are selected for testing. Additionally, account reconciliation and verification of general ledger balances relating to the purchasing or maturing of investments and allocation of investments to fund balances shall be performed by the Finance Department and approved by the Director of Finance/Treasurer. To provide further protection of City funds, written procedures prohibit the wiring of any City funds without the authorization of at least two of the following four designated City staff: 1. Director of Finance/Treasurer 2. Assistant Director of Finance 3. Treasury Manager 4. Fiscal Operations Manager 16.0 Performance Standards: This Investment Policy shall be reviewed at least annually by the Director of Finance/Treasurer to ensure its consistency with the overall objective of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. All financial assets of all other funds shall be administered in accordance with the provisions of this Investment Policy. The monies entrusted to the Director of Finance/Treasurer will be held in a passively managed ("hold to maturity") portfolio. However, the Director of Finance/Treasurer will use best efforts to observe, review, and react to changing conditions that affect the portfolio, and to do so in a manner that is consistent with this Investment Policy. 16.1 Market Yield (Benchmark): The investment portfolio shall be managed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account the City's investment risk constraints and cash flow. Investment return becomes a consideration only after the basic requirements of Page 10 of17 5-13 CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY AND GUIDELINES FISCAL YEAR 200412005 investment safety and liquidity have been met. Because the investment portfolio is designed to operate on a 'hold-to-maturity' premise (or passive investment style) and because of the safety, liquidity, and yield priorities, the performance benchmark that will be used to detennine whether market yields are being achieved shall be the average of the monthly LAIF rate and the l2-month rolling average 2 - Year Constant Maturity Treasury (CMT) rate. While the City will not make investments for the purpose of trading or speculation as the dominant criterion, the Director of Finance/Treasurer shall seek to enhance total portfolio return by means of ongoing portfolio and cash management. The prohibition of highly speculative investments precludes pursuit of gain or profit through unusual risk and precludes investments primarily directed at gains or profits from conjectural fluctuations in market prices. The Director of Finance/Treasurer will not directly pursue any investments that are leveraged or deemed derivative in nature. However, as long as the original investments can be justified by their ordinary earning power, trading in response to changes in market value can be used as part of on-going portfolio management. 17.0 Reporting: The Director of Finance/Treasurer shall submit a quarterly investment report to the City Council and City Manager following the end of each quarter. This report will include the following elements: · Type of investment · Institutional Issuer · Purchase Date · Date of maturity · Amount of deposit or cost of the investment · Face value of the investment · Current market value of securities and source of valuation · Rate of interest · Interest earnings · Statement relating the report to its compliance with the Statement of Investment Policy or the manner in which the portfolio is not in compliance · Statement on availability of funds to meet the next six month's obligations · Monthly and Year-to-date Budget Amounts for Interest Income · Percentage of Portfolio by Investment Type · Days to Maturity for all Investments · Comparative report on Monthly Investment Balances & Interest Yields · Monthly transactions This quarterly investment report shall be an information item for the City Council and City Manager. In addition, a commentary on capital markets and economic conditions may be included with the report. Page 11 of17 5-14 CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY AND GUIDELINES FISCAL YEAR 2004/2005 The Director of Finance/Treasurer shall submit, pursuant to California Goverrunent Code § 53646(g), copies of the quarterly investment reports to the California Debt and Investment Advisory Commission (CDIAC) for both the second and fourth calendar quarters within sixty days following the end of the quarter. In addition, the Director of Finance/Treasurer shall submit to CDIAC a copy of the adopted Investment Policy annually and within sixty days of any approved amendments or revisions of the Policy. 18.0 InvestmeDt Policy AdoptioD: By virtue of a resolution of the City Council of the City of Chula Vista, the Council shall acknowledge the receipt and filing of this annual statement of Investment Policy for the respective fiscal year. Page 12 of17 5-15 CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY AND GUIDELINES FISCAL YEAR 2004/2005 GLOSSARY AGENCIES: Federal agency securities. ASKED: The price at which securities are offered. (The price at which a fIrm will sell a security to an investor.) BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. The drafts are drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. An acceptance is a high-grade negotiable instrument. BASIS POINT: One one-hundredth of a percent (i.e., 0.01 %) BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) BROKER: A broker brings buyers and sellers together for a commission. He does not take a position. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specifIc maturity evidenced by a certifIcate. Large-denomination CDs are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: Short term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank of America, etc. COUPON: a). The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. b) A certifIcate attached to a bond evidencing interest due on a payment date. DEALER: A dealer, as oPPQsed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities Page 13 of 17 5-16 · CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY AND GUIDELINES FISCAL YEAR 2004/2005 with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value (e.g., U.S. Treasury Bills). DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions (e.g., S&Ls, small business firms, students, farmers, farm cooperatives, and exporters). FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FUNDS RATE: The rate of interest at which Federal funds are traded. This rate is currently pegged by the Federal Reserve though open-market operations. FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks playa role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks. FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC): Created to promote the development of a nationwide secondary market in mortgages. It does this by purchasing residential mortgages from financial institutions insured by an agency of the federal government and selling its interest in them through mortgage backed securities. The interest and principal payments from the mortgages pass through to the investors either monthly, semiannually or annually. FEDERAL LAND BANK (FLB): Long-term mortgage credit provided to farmers by Federal Land Banks. These bonds are issued at irregular times for various maturities ranging from a few months to ten years. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a Federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgages and second loans, in addition Page 14 of 17 5-17 CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY AND GUIDELINES FISCAL YEAR 2004/2005 to fixed-rate mortgages. FNMA's securities are highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve federal Reserve Bank Presidents. The President of the New York federal Reserve Bank is a permanent member, while the other presidents serve on a rotating basis. The committee periodically meets to set federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C.; 12 regional banks and about 5,700 commercial banks are members of the system. GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA OR GINNIE MAE): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations and other institutions. Security holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by the FHA or VA mortgages. The term "pass-through" is often used to describe Ginnie Maes. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The pnce at which a security IS trading and could presumable be purchased or sold. MARKET REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase-reverse agreements that establish each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller- borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. NEGOTIABLE CERTIFICATES OF DEPOSIT: Unsecured obligations of the financial institution, bank or savings and loan, bought at par value with the promise to pay face value plus Page 15 of17 5-18 CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY Ál~D GUIDELINES FISCAL YEAR 2004/2005 accrued interest at maturity. They are high-grade negotiable instruments, paying a higher interest rate than regular certificates of deposit. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer). OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit: Sales have the opposite effect. Open market operations are the Federal Reserve's most important and most flexible monetary Policy tool. - PORTFOLIO: Collection of securities held by an investor. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission (SEC)-registered securities broker/dealers, banks and a few unregulated firms. PRUDENT PERSON RULE: An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state-the so - called "legal list" . In other states, the trustee may invest in a security if it is one that would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use RP extensively to fmance their position. Exception: when the Fed is said to be doing RP, it is lending money that is, increasing bank reserves. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. STUDENT LOAN ASSOCIATION NOTES (SLMA or SALLIE MAE): A U.S. Corporation and instrumentality of the U.S. Government. Through its borrowings, funds are targeted for loans to students in higher education institutions. SLMA securities are highly liquid and are widely accepted. Page 16 of 17 5-19 .---._----------- .-------,.,_..,-,_..._..._-_._----_..._,._--~.._-_._-,.- CITY OF CHULA VISTA STATEMENT OF INVESTMENT POLICY AND GUIDELINES FISCAL YEAR 2004/2005 SMALL BUSINESS ADMINISTRATION (SBA): The portion of these securities which are guaranteed by the Federal goverrunent to provide financial assistance through direct loans and loan guarantees to small businesses. Cash flows from these instruments may not be in equal installments because of prepayments. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See "Uniform Net Capital Rule". TENNESSEE VALLEY AUTHORITIES (TV A): A U.S. Corporation created in the 1930s to electrify the Tennessee Valley area; currently a major utility headquartered in Knoxville, Tennessee. TV A securities are highly liquid and are widely accepted. TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10 years. TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial maturities of one year to ten years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. Page 17 of17 5-20 SUBJECT: INVESTMENT POliCY AND GUIDELINES COUNCll.. POliCY CITY OF CHULA VISTA POliCY NUMBER 220--01 EFFECTIVE DATE 02/12/02 PAGE 10F5 ADOPrEDBY: 17578 DATED: 07126/94 AMENDED BY: Resolution Nos.: 18571 (02/04/97); 19375 (2/16199); 200Q..050 (2/15/00); 2001-026 (2/13/01); 2002-039 (02/12/02) PURPOSE Effective cash flow management and cash iDvestment practices are recognized as essential to good fiscal management. This Statement is intended to provide guidelines for the prudent investment of the City's temporarily idle cash in all Funds, and outline the policies for maximizing the efficiency . of the City's cash management system. OBJECTIVE The objective of the investment policy is to provide guidelines for insuring the safety of funds invested while maximizing investment interest income to the City. INVESTMENT POLICY A. The Finance Director is responsible for investing the cash balances in all City Funds iD accordance with the California Government Code, Sections 53600 et seq. and 53635 et seq. This policy does Dot include LoDg Term Debt Reserve Funds and Deferred Compensation Funds, which are exceptioDS covered by other more specific Government Code sections and the legal documents unique to each debt transaction. Investment practices shall conform to the prudent man rule (Civil Code Sect. 2261, et seq.) which states, in essence, that "in investing... property for the benefit of another, a trustee shall exercise the judgment and care, under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs... ' The Finance Director and other individuals assigned to manage the investmeDt portfolio, acting within the iDtent and scope of the investment policy and other written procedures, and exercising due diligence, shall be relieved of personal responsibility and liability for an individual investmeDt's credit risk or market price changes, provided material deviatioDs from expectations are reported in a timely manner and appropriate action is taken to control any adverse developments, B. It is the City's full intent, at the time of purchase, to hold all investments until maturity in order to eDsure the return of all invested principal. However, it is realistically anticipated that market prices of securities purchased as investments will vary depending OD ecoDomic conditioDs, interest rate fluctuations, or individual security credit factors. In a well diversified investment portfolio, such temporary variations in market value will inevitably result in measurable losses at any specific point in time. From time to time, chaDges in economic or market conditions may dictate that it is in the City's best interest to sell a security prior to maturity. SUBJECT: INVESTMENT POliCY AND GUIDELINES COUNCIL POliCY CITY OF CHUIA VISTA POliCY NUMBER ~;<Af" 220-01 EFFECTIVE DATE 02/12/02 PAGE 20F5 ADOPTED BY: 17578 I DATED: 07126/94 .AMENDED BY: Resolution Nos.: 18571 (02104/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (02/12/02) . C. The three principle factors of Safety, Liquidity and Yield are to be taken into consideration, in the specific order listed, when making investment decisions. 1, Safety of principal is the foremost factor to be considered during each investment transaction. Safety in investing refers to minimi7ing the potential for loss of principal, interest or a combination of the two due to the two types of risk, Credit Risk and Market Risk. a) Credit Risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by only investing in very safe, or "investment grade" securities and diversifying where feasible, prior liquidity needs so as avoid the need to sell securities prior to maturity. b) Market Risk, defined as market value fluctuations due to overall changes in interest rates shall be mitigated by limiting the average maturity of the investment portfolio to less thaD 3 years, with a maximum maturity of anyone security of 5 years without Council approval, Also, the portfolio will be structured based on to 2. Liquidity refers to the ability to convert an iDvestment to cash promptly with minimum risk of losing some POrtiOD of principal or interest. The investment portfolio will be structured based on historic cash flow analysis in order to provide the necessary liquidity as investmeDts routinely mature. A portion of the portfolio will be maintained in liquid short-term securities which can be coDverted to cash if necessary to meet unforeseen disbursement requirements. 3. Yield is the average annual return on an investmeDt based on the interest rate, price, and length of time to maturity. The City attempts to obtain the highest yield possible, provided that the basic criteria of safety and liquidity have been met. AUTHORIZED INVESTMENT INSTRUMENTS The City may invest in the following instruments under the guidelines as provided herein: A. Certificates of Deposit. Time Certificates of Deposit will be made only in FDIC or FSLIC insured accounts. For deposits in excess of the insured maximum of $100,000, approved collateral shall be required in accordance with California Government Code Section 53652 andlor 53651 (m) (1). No more than 25% of the investment portfolio may be invested in , 5-22 r"\D ^ ~T COUNCIL POUCY .. . CITY OF CHUIA VISTA SUBJECT: INVESTMENT POUCY AND POUCY EFFECIlVE GUIDELINES NUMBER DATE PAGE 22()"'()1 02/12/02 30F5 ADOPTED BY: 17578 I DATED: 07126194 AMENDED BY: Resolution Nos.: 18571 (02104197); 19375 (2116/99); 2000-050 (2/15/00); 2001-026 (2/13/01); 2002-039 (02112102) this investment type. B. Securities of the U ,S. Government or its Agencies. Includes obligations issued by Federal Home Loan Banks, GovernmeDt National Mortgage Association, the Farm Credit System, the Federal Home Loan Bank, the Federal Home Loan Mortgage AssociatioD, the Federal NationalMortgage Association, the Student Loan Marketing Association, or obligations or other instruments of or issued by a federal agency or a United States Government sponsored enterprise. C. Treasury Bills and Notes. U.S. Treasury Bills, Notes, Bonds or Certificates of Indebtedness, or those for which the full faith and credit of the United States are pledged for the payment of principal and interest. D. Local Agency Investment Fund (LAIF). Investment of funds in the California LAIF which allows the State Treasurer to invest through the Pooled MODey Investment Account. Maximum investment is subject to state regulation. E, County of San Diego Treasurv Pool. Investment of funds in the County of San Diego Treasury which allows the County Treasurer-Tax Collector to invest local fuDds through a pooled concept. F. Bankers Acceptance. Bills of Exchange or Time Drafts drawn on and accepted by a commercial bank, otherwise known as Bankers Acceptances, both domestic and foreign, which are eligible for purchase by the Federal Reserve System. Purchases of Bankers Acceptances may not exceed 180 days maturity or total more than 40% of the cost value of the City's investment portfolio. G, Commercial Paper. Paper of the highest rating as provided by Moody's Investors Service, Inc. (PI), or Standard and Poor's Corporation (AI +). Eligible paper is further limited to issuing corporatioDs that are organized and operating within the United States and having total assets in excess of five hundred million dollars ($500,000,000), Purchases of eligible commercial paper may not exceed 270 days maturity, represent more than 10% of the outstanding paper of the issuer, or total more thaD 25 % of the cost value of the City's investment portfolio. H. Negotiable Certificates of Deposit. Issued by a nationally or state-chartered bank or a state or federal savings and loaD association or by a state-licensed branch of a foreign bank. -;:y'~L.J SUBJECT: INVESTMENT POUCY AND GUlDEUNES COUNCIL POUCY CITY OF CHULA VISTA POUCY NUMBER ~~ 220-01 EFFECI1VE DATE 02112/02 PAGE 40F5 . ADOPTED BY: 17578 I DATED: 07126194 AMENDED BY: Resolution Nos.: 18571 (02104/97); 19375 (2/16/99); 2()()(J..050 (2115100); 2001-026 (2113/01); 2002-039 (02112102) Purchases of Negotiable Certificates of Deposit may not total more than 30% of the cost value of the City's investment portfolio. I. Repurchase Agreements, A purchase of securities by the City pursuant to a Master Repurchase Agreement by which the seller will repurchase such securities on or before a specified date, or OD demand of either party, and for a specified amount. Investments in repurchase agreements will be used solely as short term investments not to exceed 90 days and be collateralized by securities having a market value of at least 102% of the value of the repurchase agreement at all times during the term of the investment. J. Medium Term Corporate Notes. Corporate obligations shall be rated A or better by Moody's and or Standard and Poor's rating agencies. Purchases of corporate medium term notes shall not total more than 30% of the cost value of the City's investment portfolio, nor for anyone corporation, when combiDed with any Commercial Paper issued by the same corporation, total more than 15 % of the cost value of the City's investment portfolio. K. Various daily cash funds administered for or by Trustees, PayiDg Agents, or Custodian Banks contracted by the City may be purchased as allowed under California Government Code. Only those funds holding U.S. Treasury or Government Agency obligations shall be purchased. DIVERSIFICATION Investments shall be diversified among institutions, types of securities and maturities to maximize safety and yield with changing market conditions. Local financial institutions will be given preferential consideration for investment of City funds consistent with the City's objective of attaining market rates of return, and consistent with constraints imposed by its safety objectives, cash flow considerations and State laws. SAFEKEEPING All investments of the City shall have the City of Chula Vista as registered owner and shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement. INVESTMENT REPORTS - -- SUBJECT: INVESTMENT POliCY AND GUIDEliNES COUNCIL POliCY CITY OF CHULA VISTA POLICY NUMBER UK At I 220-01 EFFECTIVE DATE 02/12/02 PAGE 50F5 AMENDED BY: Resolution Nos.: (2/13/01); 2002-039 (02/12/02) A. The Director of FinanCe shall submit a quarterly investment report to the City Manager aDd City Council in accordance with Government Code Section 16481.2 containing the following information for each individual investment: - Financial institution - Type of investment I DATED: 07/26/94 18571 (02/04/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 ADOYfED BY: 17578 - Purchase Price of investment - Rate of interest - Purchase date - Maturity date - Current market value for securities - Other data as required by the City In addition, . the report shall include a statement of compliance of the portfolio with the Council approved InvestmeDt Policy and a statement indicating the ability of the City to meet its expenditure requirements for the next six mODths. B. The Director of Finance shall submit copies of the second and fourth quarter calendar year investment reports to the California Debt and Advisory Commission (CDAIC) in accordaDce with AB 943. Also a copy of the City's Investment Policy shall be sent to CDAIC annually. POLICY REVIEW This investmeDt policy and guidelines shall be adopted by resolution of the City CouDcil on an annual basis after being reviewed to ensure its consistency with the overall objectives of preservation of principal, liquidity, and yield, and its relévance to current law and financial and economic trends. .- n... DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED CITY INVESTMENT POLICY AND GUIDELINES AS RECOMMENDED BY THE ASSOCIATION OF PUBLIC TREASURERS OF THE UNITED STATES AND CANADA WHEREAS, the City's current Investment Policy and Guidelines was adopted on February 18, 2003 by Resolution 2003-062, and was intended to provide direction for the prudent investment of temporarily idle cash, and for maximizing the efficiency of the cash management process; and WHEREAS, state law requires that the Investment Policy and Guidelines be adopted by resolution of the City Council on an annual basis after being reviewed to ensure consistency with the overall objectives of preservation of principal, liquidity, and yield, and its relevance to current law and financial and economic trends; and WHEREAS, City staff recommends the current policy be amended for submission to the Association of Public Treasurers of the United States and Canada (APTUSC) for certification; and WHEREAS, APTUSC has developed an Investment Policy Program that provides public investors with guidance and technical assistance in developing a comprehensive written investment policy; and WHEREAS, creating a policy that meets certification standards set by APTUSC will assure the City Council and the public that the City is abiding by professional standards established to ensure prudent management of public funds; and WHEREAS, City staff has prepared a revised Investment Policy and Guidelines to meet the APTUSC standards. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista hereby approves and adopts the revised City Investment Policy and Guidelines, attached to this resolution and incorporated by this reference. Presented by . Approved as to form by Maria Kachadoorian Director of Finance J:\Attorney\reso\finance\investment policy 2005 5-26 COUNCIL AGENDA STATEMENT Item~ Meeting Date 6/7/05 ITEM TITLE: Resolution Granting an easement to COXCOM, Inc. (Cox Communications) for the purpose of providing communication facilities for Fire Station No.6 (CIP PS 126) in Rolling Hills Ranch SUBMITTED BY: Director of General serviceS().9ð-- City Manager 9 (4/5ths Vote:_No X ) REVIEWED BY: The City Council previously approved CIP PSl26 for the design and construction of Fire Station No.6. The facility will require communication services thus necessitating the need to grant an easement to COXCOM, Inc. for such purpose. RECOMMENDATION: That Council adopt a resolution authorizing the granting of an easement over City owned land to Cox Communications as outlined in Attachment A. BOARDS/COMMISSION: Not applicable DISCUSSION: As a result of the above referenced construction proj ect it has become necessary to locate a Cox Communication easement within McKenzie Creek Park along the eastern side of Mt Miguel Road. The proposed easement is 3 feet wide and located within existing landscaping. The communication facilities will not effect any uses of the existing park. This easement is typical for these types of facilities and will provide communication services to Fire Station No.6 as necessary to complete the project. 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 defIDed 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. FISCAL IMPACT: There is no fiscal impact to the project. Attachment A ~ Easement Agreement M:IGENERAL SERVlCESIGS ADMrNISTRATIONICOUNCIL AGENDAIFlRE STATION 6IFIRE STATION NO. 6 EASEMENT A1l3.DOC 6-1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: COX COMMUNICATIONS SAN DIEGO 5159 FEDERAL BOULEVARD SAN DIEGO, CALIFORNIA 92105-5486 RIGHT OF WAY DEPARTMENT D yj / EASEMENT for Recorder's use only A.P.N. 595-570-02 THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, ("Grantor") for the sum of One Dollar ($1.00), the receipt whereof is hereby acknowledged, hereby grants to COXCOM, INC. d/b/a COX COMMUNICATIONS SAN DIEGO, a Corporation ("Grantee") its successors and assigns, a perpetual Easement, and right to construct, place, operate, repair, inspect, maintain, replace, and remove such underground Telecommunication equipment as Grantee may require from time to time, consisting of one or more lines of cables, wires, conduits, pedestals, and necessary fixtures and appurtenances, in, under, and upon the hereinafter described Easement, together with the right to ingress thereto and egress therefrom and across that certain real property, in the County of San Diego, State of Caiifomia, described as follows: Lot 2 of CHULA VISTA TRACT NO. 92-02 SALT CREEK RANCH NEIGHBORHOOD 3A SCHOOL, PARK, AND FIRE STATION, in the City of Chula Vista, County of San Diego, State of Califomia, according to Map thereof No. 13440, recorded in the office of the San Diego County Recorder. The easement in the aforesaid property shall be a strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every utility facility installed, the approximate location being shown and delineated as "Telecommunication Facilities" on the Exhibit "N attached hereto and made a part hereof. Grantee shall be liable to Grantor for any damages, which may occur to the above described property, by reason of negligence on the part of the employee of the Grantee, while placing, maintaining, or removing Its services. This agreement shall be binding upon and inure to the benefits of the heirs, successors in interest and assigns of both parties. IN WITNESS WHEREOF this instrument is executed this day of ,2005. pa!Jl'1013 6-¿ BY: Steve Gautereaux, VP Network Management for COXCOM INC., d/b/a COX COMMUNICATIONS SAN DIEGO Project: CITYOF CHULA VISTA FIRE STATION #6 605 MT. MIGUEL ROAD Page 2 of 3 6-3 THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION BY: NAME: TITLE: ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO On , before me, Name, Title Officer, e.g. Jane Doe, Notary personally appeared Name(s) of Signer(s) personally known to me -OR- _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the withID instrument, and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal Signature of Notary Public (seal) CAPACITY OF CLAIMED BY SIGNER _INDNIDUAL _ATTORNEY IN FACT _CORPORATE _OFFICER(S) . _TRUSTEE(S) GUARDIAN/CONSERVATOR _ OTIlER: _PAR1NER(S) _LIMITED _GENERAL SIGNER IS REPRESENTING Name ofPerson(s) or Entity(ies) Page 3 of 3 6-4 ~ SlO VMl.."TOR. Vr.\.lL'£..""( RD. CD f; I'\E. STATION @ N ..~-~, I ~~u.:¿M:ï~"C.~~:r~~") \ FAG! LlnE.S . ....,.......... ·r . -,----·,.,,···.",......f..-·-.....-·.. /" R-'ù, ; ~ , i ¡ J ~1)~ /' t \1...(;. / f\ f\~./..../ ~.:--- ex \-\ \ ß \ T \ A o \tJ N ~'iL '. c... \ T '( OF c..\-\ULR V I STP. "D$Mï M I b..:)UEL. f2..0 Cl-\vLA "I IS íA 91"1. I L..j N IE.. \ 2- '2.0- 2.tù'{ COX' .aM..~..i.ulaNi r:~ GU:..ì-:lN?, cox COMMUNICATIONS 5159 FEDERAL BLVD SAN DIEGO. CA 92105 i íO-t-n ÎÐ (619) 263-9251 DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT TO COXCOM, INC. (COX COMMUNICATIONS) FOR THE PURPOSE OF PROVIDING COMMUNICATION FACILITIES FOR FIRE STATION NO. 6 (CIP PS 126). WHEREAS, the City Council previously approved CIP PS126 for the design and constmction of Fire Station No.6; and WHEREAS, the facility will require communication services; and WHEREAS, it has become necessary to locate a Cox Communication easement within McKenzie Creek Park along the eastern side ofMt Miguel Road; and WHEREAS, this easement is typical for these types of facilities and will provide communication services to Fire Station NO.6 as necessary to complete the project; 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 l5060( c )(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista does hereby grant an easement to COXCOM, Inc. (Cox communications) for the purpose of providing communication services for Fire Station No.6 (CIP PS 126). Presented by Approved as to form by Jack Griffin Director of General Services "' oore . y Attorney 6-6 COUNCIL AGENDA STATEMENT Item '7 Meeting Date 6/7/05 ITEM TITLE: Resolution Accepting bids, awarding the contract, and authorizing staff to increase the value of the contract to expend all available funds for the "Heritage Skate Park Improvements in the City of Chula Vista (PR-259)" project SUBMITTED BY: Director of General Services ò¥ City Manager Q (4/5ths Vote: Yes_NoX) REVIEWED BY: On May 24, 2005, the Director of General Services received sealed bids for the "Heritage Skate Park Improvements in the City of Chula Vista (pR-259)" project. The work to be done includes excavation and grading, removal and disposal of existing improvements, minor grading, installation of a Portland Cement Concrete pavement skate pad and miscellaneous skate park facilities, sidewalk connection from the skate park pad to an existing decomposed granite trail, grading, protection and restoration of existing improvements, installation of drainage facilities, other miscellaneous work, and all labor, material, and all equipment and transportation necessary for the proj ect. RECOMMENDATION: That Council accept bids, award the contract to the lowest bidder, Sunrise Construction of Ramona, CA in the amount of $27,600, and authorize staff to increase the value of the contract to expend all available funds for the "Heritage Skate Park Improvements in the City of Chula Vista (PR-259)" project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This project provides for the installation of a skate park with associated skate facilities within Heritage Park. The work to be done includes excavation and grading, removal and disposal of existing improvements, minor grading, installation of a Portland Cement Concrete pavement skate pad and miscellaneous skate park facilities, sidewalk connection from the skate park pad to an existing decomposed granite trail, grading, protection and restoration of existing improvements,. installation of drainage facilities, other miscellaneous work, and all labor, material, and all equipment and transportation necessary to construct the proj ect in accordance with City standards. Project Design staff prepared plans, specifications, and requested bid proposals from two contractors. Staff received and opened bids on May 24,2005. Bid proposals were received as follows: 7-1 -"-----,.,,~^'------_.._..- .-------------- Page 2, Item ~ MeetiDg Date 617/05 Bid proposals were received as follows: CONTRACTOR ORIGINAL BASE BID TOTAL AMOUNT Sunrise Construction -Ramona, CA $24,600 Hammer Construction - Chula Vista, CA $68,376 Based on the lowest bid for the project, Sunrise Construction of Ramona, CA has been selected as the first lowest bidder for this project. City staff has verified the references provided by the contractor and their work has been satisfactory. Staff, therefore recommends awarding the contract to Sunrise Construction of Ramona, CA in the amount of $27,600. In addition, staff recommends City Council grant City staff the authorization to expend all available funds for the project, if necessary, due to any unforeseen circumstances. The award amount of $27,600 includes the Alternate Bid Item (Chain-link fencing) in the amount of $3,000. Disclosure Statement Attachment "A" is a copy of the contractor's Disclosure Statement. Environmental 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 3 categorical exemption pursuant to Section 15303 (New Construction of Small Structures) of the State CEQA Guidelines. Thus, no further environmental review is necessary. Wage Statement Contractors bidding this project 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 (Sunrise Construction) $27,600 B. Contingencies, 10% $2,760 C. Design and Construction Inspection, 15% $4,140 D. TestinglMiscellaneous $5,500 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $40,000 FUNDS AVAILABLE FOR CONSTRUCTION A. Park Acquisition Development (PAD) Impact Fee $40,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $40,000.00 Upon completion of the project, the improvements will reqUIre only routine City park maintenance. Attachments: A - Contractor's Disclosure Statement M:\General Services\GS Administration\Council Agenda\Heritage Park Skate Facility\PR·259 Heritage Skate Park\PR-259 A113-JCM.doc 7-2 CITY OF CHULA 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 Ünancial interests, payments, or campaign contributions for a City of Chula Vista election must be [¡]ed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. M">t ~"1 - \ 2. If any person* identiÜed 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. ~/A ( 3. If any person* identiÜed pursuant to (I) above is a non-proÜt 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. fJ/A I 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. Ñ(~ 8 M:\Engineer\DESIGN\PR-259 Heritage Skate Park1PR-259 Informal Contract Sidewalk (Heritage Skate Park) April 26 2005.doc 7-3 " 5. Has any person' associated with this contract had any financial dealings with an official" of the City ofChula Vista as ¡trelates to this contract within the past 12 months? Yes_ No~ 6. If Yes, briefly describe the nature of the financial interest the official" may have in this contract. N/A Have you made a !ontribution of more than $250 within the past twelve (12) months to a cUITent member of the Chula Vista City Council? NoJ- 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 ofChula 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: 51 ;j~1 r:iJ I I . Person is defined as: any individual, finn, 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 staff members. 9 M:\EngineerIDESIGNIPR_259 Heritage Skate ParkIPR-259 Informal Contract Sidewalk (Heritage Skate Park) April 26 2005.doc 7-4 DRAFT RESOLUTION NO. 2005- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT, AND AUTHORIZING STAFF TO INCREASE THE VALUE OF THE CONTRACT TO EXPEND ALL AVAILABLE FUNDS FOR THE "HERITAGE SKATE PARK IMPROVEMENTS IN THE CITY OF CHULA VISTA (PR-259)" PROJECT WHEREAS, on May 24, 2005, the Director of General Services received two (2) sealed bids for the "Heritage Skate Park Improvements in the City of Chula Vista (PR-259)" project; and WHEREAS, the project provides for the installation of a skate park with associated skate facilities within Heritage Park; and WHEREAS, the project will include excavation and grading, removal and disposal of existing improvements, installation of a Portland Cement Concrete pavement skate pad and miscellaneous skate park facilities, sidewalk connection from the skate park pad to an existing decomposed granite trail, grading, protection and restoration of existing improvements, installation of drainage facilities, and other miscellaneous work necessary for the project; and WHEREAS, the Director of General Services received and opened bids from two (2) contractors for the construction phase as follows: CONTRACTOR BID AMOUNT 1. Sunrise Construction - Ramona, CA $24,600 2. Hammer Construction - Chula Vista, CA $68,376 WHEREAS, staff has reviewed the low bid and the contractor's references and is recommending awarding the contract to Sunrise Construction of Ramona, California in the amount of $27,600 which includes an Alternate Bid Item (Chain-link fencing) in the amount of $3000; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for the compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 3 categorical exemption pursuant to Section 15303 (New Construction of Small Structures) of the State CEQA Guidelines and that no further environmental review is necessary. 7-5 DRAFT I i . I :.-.,. NOW, THERFORE BE IT RESOLVED, that the City Council of the City Chula Vista does hereby accept bids and award the contract for the "Heritage Skate Park Improvements in the City of Chula Vista (PR-259)" project to Sunrise Construction of Ramona, California in the amount of $27,600, which includes an alternate bid item (chain-link fencing) in the amount of $3,000, and authorizes staff to expend all available funds for this project. Presented by Approved as to form by ':&~1~ Ann Moore City Attorney hck Griffin City Engineer 1aaomeylresolbids\Skate Park - Heritage Park. doc 7-6 ~~~ L..íJt~_~ ~~---~ ~~,," Page 1, Item: Meeting Date: June 7. 2005 8 OlY Of CHULA VISTA COUNCIL AGENDA STATEMENT ITEM TITLE: Resolution Authorizing and Empowering the City Manager or His Designee to Execute all Grant Documents Necessary to Secure Local Government Household Hazardous Waste and Used Oil Grant Funds and Implement the Approved Grant Projects. SUBMITTED BY: Jack Griffin, Director, General Services Department ~Jr Lynn France, Conservation Coordinator ~ W REVIEWED BY: David D. Rowlands Jr., City Manager (4/5ths Vote: Yes_ No X-> INTRODUCTION: In August 2003, the City of Chula Vista (the "City") received a Regional Household Hazardous Waste Grant of $300,000.00 from the California Integrated Waste Management Board (the "Waste Board"). In 2003 the Council passed Resolution 2003-405, ratifying the submittal of that grant application and allowing the City to submit related grants through June 30, 2009. The Waste Board recently contacted City staff, requesting that the City adopt a resolution authorizing designated staff to execute necessary documents and take other action needed to implement the grant project. Staff has prepared a resolution responsive to the Waste Board's request. STAFF RECOMMENDATION: Approve the resolution authorizing the City Manager or his designee to execute all grant documents necessary to secure grant funds and to implement grant projects awarded by the California Integrated Waste Management Board, administering the Local Government Household Hazardous Waste grant program and the California Oil Recycling Enhancement Act grant program through June 30,2009. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. 8-1 - "---~--~------~---_..._-----~--_._..~--'_.- Page 2, Item: Meeting Date: June 7, 2005 6 DISCUSSION: In 2003, City staff applied to the California Integrated Waste Management Board for a regional grant of $300,000.00. The Waste Board administers grant programs that provide money to local governments to implement and operate household hazardous waste and used oil education, recycling and disposal programs. The regional grant was for the period October 1, 2003 through March 31, 2006. The City received the grant in August 2003. Since that time, the City has been the lead agency in administering, developing, implementing and operating the Household Hazardous Waste education and proper disposal program for the South Bay Region (Coronado, Imperial Beach, and National City). The City has also been the lead agency for the Used Oil Recycling Program Grants for the South Bay Region. In September 2003, the City adopted Resolution 2003-405, ratifying the submittal of the grant application. (A copy of that Resolution is attached as "Attachment 1" to this Agenda Statement.) The Resolution also allows the City to submit used oil, household hazardous waste and related grants through the fiscal year ending June 30, 2009. The City Manager recently notified the Waste Board of a change in the designated staff member with signing authority for household hazardous waste, and related, grants. (A copy of the letter is attached to this Agenda Statement as Attachment 2.") In response, the Waste Board notified City staff of its requirement for a resolution designating the signing authority for these grants and related projects. Accordingly, City Staff prepared the attached resolution for the Council's consideration. FISCAL IMPACT: There are no fiscal impacts anticipated as a result of the recommended action to adopt the resolution. Attachments (if any): 1. Resolution No. 2003-405 2. Letter, dated April 11, 2005, from David Rowlands to the California Integrated Waste Management Board 8-2 ,- Attachment 1 ~ RESOLUTION NO. 2003-405 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING SUBMITTAL OF A REGIONAL HOUSEHOLD HAZARDOUS WASTE GRANT APPliCATION IN TIIE AMOUNT OF $300,000 TO THE CAliFORNIA INTEGRATED WASTE MANAGEMENT BOARD WHEREAS, the City received a regioDal grant of $300,000 from the California Integrated Waste Management Board in August 2001; and WHEREAS, staff submitted a regional grant àpplication for $300,000 to serve Chula Vista, Vista, Coronado, Imperial Beach and National City for the period of October 1, 2003 through March 31, 2006; and WHEREAS, this resolution allows the City to submit used oil, household hazardous waste and related grants through fiscal year June 30, 2009. . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of .Chula Vista ratify submittal of a Regional Household Hazardous Waste Grant application in the amount of $300,000 to the California Integrated Waste Management Board. Presented by Approved as to form by ~~~íJ\\~ Conservation & EnvirornÌìènial Services Director 6-~ Ann Moore City Attorney 8-3 , esolution 2003-405 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of September, 2003, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None if /!Ý2~ /" ···-SteplWn C. Padilla, Mayor ATTEST: --~ ::ij.)..l4.;~d~ Susan Bigelow, CMC, City ckì;k STATE OF CALlFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2003-4Ò5 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of September, 2003. Executed this 16th day of September, 2003. ~Lu.tu ~('/f. ~ Susan Bigelow, CMC, City cÕerk 8-4 '\ 'Ìf"r ~\"'/ ~7 .... _.~ '".-,e 11 _ ..... d: ~ .........- ~~ Attachment 2 OW OF CHU!L!\ ViSTA OFFICE OFTHE CITY MANAGER April 11, 2005 California Integrated Waste Management Board Attn: Jeannine Bakulich, Grants Administration Unit (HD14) 1001 "I" Street MS -10 P.O. Box 4025 Sacramento, CA 95812-4025 RE: Siqninq Authoritv for Household Hazardous Waste. Used Oil and other related qrants. Dear Members of the Board: As the City Manager of the City of Chula Vista, I have given signing authority to Lynn France, Conservation Coordinator for the City of Chula Vista, as my designee for Household Hazardous Waste, Used Oil and other related grants as defined in Council Resolution No. 2003-405. Lynn has recently taken over all solid waste and recycling for the City of Chula Vista in place of Michael Meacham. If you have any questions please contact me at 619 691-5031. Sincerely, øL'''&~-1/ David D. Rowlands, Jr. City Manager 276 FOURTH AVENUE· CHULA VISTA· CALJ~~IA 91910· (619) 691·5031' FAX (619) 409·5884 DRAFT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AND EMPOWERING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS NECESSARY TO SECURE LOCAL GOVERNMENT HOUSEHOLD HAZARDOUS WASTE AND USED OIL GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT PROJECTS WHEREAS, the people of the State of California have enacted the California Oil Recycling Enhancement Act which provides grant funds to cities and counties for establishing and maintaining local used oil collection programs that encourage recycling or appropriate disposal of used oil ("Used Oil Grants"); and WHEREAS, the people of the State of California have enacted Assembly Bill 1220 that provides grants to local governments to establish and implement waste diversion and separation programs to prevent disposal of hazardous waste, including household hazardous waste, in solid waste landfills ("HHW Grants"); and WHEREAS" the California Integrated Waste Management Board has been delegated the responsibility for administering these grant programs which includes procedures governing the application by and payment to eligible cities and counties; and WHEREAS, if awarded a grant, the applicant will enter into a Grant Agreement with the California Integrated Waste Management Board for implementation of said grants. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista authorizes the submittal of grant applications to the California Integrated Waste Management Board for all available grants under the California Oil Recycling Enhancement Act and all available HHW Grants from the time this resolution is adopted, through June 30,2009; and BE IT FURTHER RESOLVED THAT the City Manager of the City of Chula Vista, or the City Manager's designee, is hereby authorized and empowered to execute in the name of the City of Chula Vista, all grant documents necessary to secure grant funds and implement approved projects, relative to Used Oil Grants and HHW Grants. Presented by Approved as to form Jack Griffin Director of General Services 8-6 COUNCIL AGENDA STATEMENT Item: q Meeting Date: 6/07/05 ITEM TITLE: Resolution of the City Council of the City of Chula Vista Approving the First Amendment to the Agreement with the San Diego Unified Port District for Environmental Education at the Chula Vista Nature Center; Authorizing the Mayor to Execute Said Amendment; and Authorizing the Mayor to Execute Administrative Extensions of the Amended Agreement for up to Three Years Nature Center DirectopjÞ City Manager @ (4/5ths Vote: Yes_ NolU SUBMITTED BY: REVIEWED BY: The San Diego Unified Port District's current agreement with the City grants up to $20,000 annually for environmental education at the Nature Center. It is the District's desire to grant an additional $15,000 in FY 2006 for support of the Nature Center's Light-footed Clapper Rail Captive Breeding Protocol Development Program. RECOMMENDATION: That the Council adopt the Resolution. BOARDS/COMMISSIONS RECOMMENDATION: At its meeting of May 19, 2005, the Nature Center Board of Trustees recommended that the City Council approve the amendment to the agreement with the District. DISCUSSION: On June 17, 2003, the City Council approved an MOU with the San Diego Unified Port District (District) relating to an educational outreach program partnership between the District and the Nature Center. The MOU provides that the District will pay to the City a total amount not to exceed $20,000 per contract year for services performed by the Nature Center. The current extension of that agreement expires in December 2005. In support of the Nature Center's groundbreaking efforts to develop captive breeding protocols for the critically-endangered Light-footed Clapper Rail, it is the District's desire to grant an additional $15,000 in FY 2006. These funds will help to offset some of the direct costs the City has committed to this program. This is a joint project between the City, the District, the U.S. Fish and Wildlife Service, SeaWorld San Diego, and Dr. Richard Zemba!. Direct costs include: food, water, veterinary services, enclosure construction and maintenance, transportation, handling and incubation equipment, and staffing. The District has indicated that it intends to make funding available for a few subsequent years under the same terms of the current agreement. Staff recommends that the Mayor be authorized to execute this amendment and future extensions of this agreement as they are tendered by the District. FISCAL IMPACT: The fiscal impact of this action would be to reduce the General Fund support of Nature Center operations by up to $15,000 per year. Each subsequent extension of this agreement would reduce General Fund support by up to $35,OOcg¡:¡Efr year. San Diego Unified Port Oistrict Document No. 48028 Agreement Filed Office of the District Clerk This agreement ("Agreement") is between the SAN DIEGO UNIFIED PORT DISTRICT ("District"), a public corporation, and the CITY OF CHULA VISTA ("City), a municipal corporation. Recitals A. Whereas, the District has an Environmental Education Program with a mission to provide memorable experiences to the public that will promote environmental stewardship and instill an understanding of the importance of a healthy San Diego Bay. The program serves as an integral part of the District's compliance with the San Diego County Municipal Storm Water Permit of 2001 (National Pollutant Discharge Elimination System Permit No. CAS0108758). Through the formation of partnerships with local environmental organizations, outreach to the public makes a difference to help reduce sources of pollution, ultimately protecting San Diego Bay. B. Whereas, the Mission of the City's Chula Vista Nature Center ("CVNC") is to serve the public by providing a quality nature center/living museum in order to promote coastal resource conservation and environmental stewardship through education. For sixteen years, CVNC has been offering field trips to San Diego County school children. Approximately 10,000 students visit CVNC and the Sweetwater Marsh National Wildlife Refuge annually. Including the students, the annual visitation to CVNC is approximately 50,000. CVNC exhibits and education programs emphasize the Sweetwater River watershed, and what each individual can do to protect the watershed and, ultimately, what an individual can do to protect the Bay and the ocean. Because of major funding cutbacks by the State of California, many schools cannot afford to pay even the modest CVNC fees for teacher training and student admissions, or for transportation to the CVNC. C. Whereas, the Parties now desire to combine efforts in order to establish an ongoing educational outreach program partnership enabling students who live near San Diego Bay and those who live within the watershed of the Bay to be able to visit the CVNC in order to learn more about the importance of conserving coastal resources ("Project"). D. Whereas, the Project will make use of the existing CVNC educational programs for elementary school students. DOCS #95135 Page 1 of 5 9-2 District and City Aqree as Follows: 1. Services Provided bv City. City commits to provide the following components of the Project: a) Curriculum and instruction of the Project for approximately 90 classes (potentially involving 2,700 students and 90 teachers), These 90 classes will consist of approximately 30 third grade classes within the District's School Partnership Program (Logan, Bayside, Harborside, Silver Gate, Silver Strand, Perkins and Kimball), and for up to but not exceeding 60 other classes (of all grades) from other schools within the San Diego Bay watershed. b) Transportation by school bus or trolley to the CVNC for students and teachers. c) Curriculum and instruction for the teacher training program for the teachers participating in the Project. d) Program administration. e) Educational staff required to run the Project. f) Project facilities. g) Creation, implementation and completion of a Project effectiveness assessment consisting of pre- and post-tests to be administered to all participating students. The pre- and post-tests will be geared towards the third grade level and consist of at least five multiple-choice questions. Copies of pre-tests will be mailed to the participating teachers with instructions for the teacher to administer the pre-test during the week before the program. Post-tests will be administered by CVNC staff at the end of the field trip. Completion of the assessment will consist of figures representing the students' increase in knowledge, separated by grade level. The following formula will be used to calculate a percentage representing the increase in knowledge: . (Post-test score minus the pre-test score) divided by the pre-test score h) A report on the Project (including the number of students who participated and results of the Project effectiveness assessment), with two copies provided to the District. 2. Services provided bv the District. The District commits to provide the following component of the Project: Funding for the Project as set forth in Paragraph #5. 3. Representatives. The CVNC's Director, or his/her designee, shall represent the City in all matters pertaining to services rendered pursuant to this Agreement and shall administer this Agreement on behalf of the City. The District's Director of Recreation and Environmental Services, or his/her designee, shall represent the District in all matters pertaining to this Agreement and shall administer this Agreement on behalf of the District. DOCS #95135 Page 2 of 5 9-3 4. Term. The term of this Agreement shall commence on the date of execution of this document and shall extend for a period of one year. Either party, however, may terminate this Agreement at any time upon thirty days prior written notice to the other party. 5. Compensation. The District agrees to pay to the City a total amount of Fifteen Thousand dollars ($15,000) for services performed during the term of this Agreement. In the event that the City terminates this Agreement, pursuant to Paragraph 4, above, prior to completion of a full year's activities as provided in Paragraph 1, the City shall reimburse the District on a pro rata basis for those services not performed, within thirty days of the written notice of termination. 6. Notices. Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to: for the District, to the San Diego Unified Port District, attn: Executive Director, P. O. Box 120488, San Diego, CA, 92112-0488; and for the City, to the City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA, 91910- 1201. 7. Amendments. This Agreement may not be modified in any manner other than by an agreement in writing signed by the Parties hereto. 8. Ownership of Documents. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other material or properties produced under this Agreement shall be the property of the District and the City. No such materials or properties, produced in whole or in part under this Agreement, shall be subject to private use, copyrighted, or patent right in the United States or in other countries. Both parties shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whoie or in part, any such reports, studies, data, statistics, forms, or other materials or properties produced. under this Agreement. 9. Recordkeepinq. The City agrees to maintain and/or make available within San Diego County accurate books and accounting records relative to all its activities related to this Project. The City will permit the District to examine and make excerpts or transcripts from such data and records, and to examine all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Agreement. The City shall maintain all data and records three years after termination of this Agreement. 10. Independent Contractor. Neither the District nor any of its commissioners, agents or employees shall have any control over the manner, mode or means by which the City, its officers, agents, subcontractors or employees perform the services required herein. The City shall perform all services required herein as an independent contractor of the District and shall remain at all times as to the DOCS #95135 Page 3 of5 9-4 District a wholly independent contractor with only such obligations as are consistent with that role. 11. Insurance Requirements. The City shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance or a self-insured program: A. Commercial General Liability (including, without limitation, Contractual Liability, Personal and Advertising Injury, and Products/Completed Operations coverages written on an "occurrence," not "claims made" basis): one million dollars ($1,000,000) per occurrence. B. Worker's Compensation and Employer's Liability: In the amounts required by California State law, and Employer's Liability of not less than one million dollars ($1,000,000). C. City shall furnish to District certificates of insurance or proof of any self- insured program for all policies described above upon execution of this Agreement, and upon renewal of any of these policies. A Certificate of Insurance in the form acceptable to the District, an exemplar Certificate of Insurance is attached hereto as "Exhibit A" and made a part hereof, evidencing the existence of the necessary insurance policies and endorsements required shall be kept on file with the District. Except in the event of cancellation for non-payment of premium, in which case notice shall be ten (10) days, all such certificates shall indicate that the insurer must notify District in writing at least thirty (30) days in advance of any change in, or cancellation of, coverage. D. Special Instruction: Mail the Certificate and Endorsement to: San Diego Unified Port District Audit & Risk Management Department P.O. Box 120488 San Diego, CA 92112-0488 12. Indemnification. The City shall to the fullest extent permitted by law, defend, indemnify and hold harmless the District and its officers, employees, and agents against any claims for damages to persons or property arising out of the conduct, negligent acts, errors or omissions or wrongful acts of conduct of the City, or its employees, agents or subcontractors in connection with the execution of the work covered by this Agreement, except for those claims arising through the sole active negligence or willful misconduct of District. The City's indemnification shall include any and all costs, expenses, attorneys' lees, expert fees and liability against such claims or lawsuits, whether the same proceed to judgment or not. Further, the City at its own expense shall, upon written request by the District, defend any such suit or action brought against the District, its officers, agents, or DOCS #95135 Page 4 of 5 9-5 employees resulting or arising from the conduct, tortuous acts, or omissions of the City. This indemnity obligation shall apply for the entire time that any third party can make a claim against or sue the District for liabilities arising out of the City's provision of services under this Agreement. 13. Effectiveness. It is an express condition of this Agreement that said Agreement shall not be complete or effective until signed by either the Executive Director or his authorized designee on behalf of the District and by the other party. SAN IEGO UNIFIED PORT DISTRICT Dated: u h; / ,2004 vid Mer , Director Recreation & Environmental Services By L-\:::{)q. 1- ~ Dated: Approved as ~"""J-#---" Duane E. Bennett, Port Attorne~ . DEPUTY PORT ATTORNEY J/·2 ,2004 By Dated: A roved as to for Ann Moore, City A orney It /2í/'7 ,2004 ~ D~~: ;0/,94 fÒI-J I ,2004 DOCS #95135 Page 5 of 5 9-6 MINUTES OF A SPECIAL :MEETING OF THE CHULA VISTA NATURE CENTER BOARD OF TRUSTEES May 19,2005 4:00 PM. The Special Meeting of the Chula Vista Nature Center Board of Trustees was called to order by Chairperson Fuller at 4:07 PM. in the Auditorium, located at the Chula Vista Nature Center, 1000 Gunpowder Point Drive, Chula Vista, California. I. ROLL CALL: PRESENT: Boardmembers: Fuller, Maher, McVeigh, Pokalski, Schulenberg, Stinson, Wergeland, Young ABSENT: Boardmembers: Cox (excused), Raysbrook (excused), Sarb (excused), Stewart (excused), Wyllie (excused), ALSO PRESENT: Daniel Beintema, Kerry Laube, Barbara Moore II. ACTION: APPROVAL OF MINUTES: January 20, 2005 MSUC: (YoungIWergeland), for approval of the minutes of January 20, 2005. Motion carried unanimously. III. ACTION: RECOMMENDA TION TO CITY COUNCIL TO ADOPT THE PROPOSED FIRST AMENDMENT TO THE AGREEMENT WITH THE PORT FOR THE GRANT SUPPORTING THE CLAPPER RAIL PROPAGATION PROGRAM Director Beintema Director Beintema explained the Attachment to Item III regarding the proposed amendment to the agreement with the San Diego Unified Port District and the City of Chula Vista. The amendment would allow an additional grant of $15,000 per year towards the Clapper Rail Propagation program. Regarding Boardmember Pokalski's proposal to include a specific line item requiring evaluation of potential release sites for Clapper Rails, it was agreed that the evaluation is implied in the current procedures for the propagation program. Boardmember Young suggested that the Board should give acknowledgement to the Port for their support of the Nature Center's activities. This item will be added to a future agenda. MSUC: (Young/Stinson) to recommend that the City Council adopt the First Amendment to the Agreement between the Port District and the City in regards to the Clapper Rail Propagation Program. Motion carried unanimously. 9-7 IV. INFORMATION: STATUS OF DISCOVERY CENTER REMODEL Director Beintema Director Beintema discussed the renderings and models of the Discovery Center provided by the design team. The demolition of the galleria is currently scheduled for August, with construction of the Discovery Center to be complete in December 2005/early January 2006. During this time, the galleria will be closed; however, the classrooms and outdoor exhibits will remain available. The grand opening will be held mid-January, 2006. Director Beintema stated the estimated cost of the remodel is currently around $2.2 million. The Friends of the Chula Vista Nature Center have set a fundraising goal of $150,000, and have raised approximately $85,000 to date. He also explained that additional gift announcements would be made at the fundraising event following the meeting. The generous donation Dr. Wergeland has proposed in the form of a 2: I challenge has caused interest in donors who want their gift to be matched. At the City Council meeting scheduled for Tuesday, 5/24/05, Duke Energy will announce their donation to the project. Director Beintema also shared that a silent auction may be held during the volunteer appreciation dinner on 7/16/05, where items in the current galleria will be auctioned to benefit the Discovery Center. VI. ORAL COMMUNICATIONS: There were none. VII. DIRECTOR'S REPORT: Director Beintema provided an update on the $15,000 grant the Nature Center received from the Metropolitan Water District. The funds were provided for the Discovery Center, and acquisition of a trailer and supplies to use for outreach programs. The trailer, a generator, and some chairs were purchased earlier this month. Additional supplies, such as a canopy and tablecloths with the Centèr's logo, have been ordered. The Nature Center's new bus is scheduled to be delivered in the beginning of June, and expected to be on the road a few weeks later. Director Beintema shared images of the wrap with wildlife graphics that is being created for the bus. An Air Pollution Control District grant and Transit Development Act funds were used to purchase this $318,000 asset. Three new signs and two poles with banners will be installed in the front parking lot directing guests . to the Nature Center and providing hours and shuttle information. Director Beintema passed around models of the signs. The budget proposed to the Council is lean but protects the Center nicely. There were no budget cuts made this year. Page 2 - Chula Vista Nature Center Board of Trustees Minutes May 19, 2005 9-8 Director Beintema answered questions about green energy materials proposed to be used in the new Discovery Center. He reported that as much energy efficient material as possible will be used, but there is not much flexibility with the equipment available. He added that the PV panel was installed in anticipation for the Discovery Center and future energy needs. Charles Gailband and Kerry Laube will be attending a 13-day training course in fundraising management that is being offered through The San Diego Foundation in partnership with Indiana University's Fund Raising School. VIII. CHAIR AND MEMBERS' COMMENTS: Boardmember Stinson commended Director Beintema for his accomplishments on the Discovery Center project. Boardmember Young reported that his term ends in June and he would welcome reappointroent. Boardmember Pokalski reported that Boarclmember Mendel Stewart has accepted a position in San Francisco. U.S. Fish and Wildlife will be looking for a new project leader to replace him. He also reported that USF&WS worked with the City to maintain the trails, as there was much overgrowth after the heavy rains last season. Boarclmember Schulenberg suggested that the Nature Center advertise in "The Lake," a neighborhood newspaper in the Eastlake area. Director Beintema asked that contact information for the paper be provided. In response to suggestions that the Nature Center engage in more marketing/advertising, Director Beintema reported that a co-marketing agreement has been established between the Nature Center and Chick-fil-A, a fast-food restaurant in Eastlake, where each will distribute brochures/coupons for the other. He also informed the board that Loren Nancarrow broadcasted his Channel 10 weather segments from the Nature Center last week, and the Nature Center was mentioned on-air 19 times during that evening. ADJOURNMENT: At 5: 13 P.M.. Chairperson Fuller adjourned the meeting to the next Regular Meeting of July 21, 2005, at 3:30 P.M. in the Auditorium, located at 1000 Gunpowder Point Drive. Kerry Laube, Recording Secretary Chula Vista Nature Center Page 3 - Chula Vista Nature Center Board of Trustees Minutes May 19, 2005 9-9 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR ENVIRONMENTAL EDUCATION AT THE CHULA VISTA NATURE CENTER; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AND AUTHORIZING THE MAYOR TO EXECUTE ADMINISTRATIVE EXTENSTIONS OF THE AMENDED AGREEMENT FOR UP TO THREE YEARS WHEREAS, on June 17, 2003, the City Council approved a MOU with San Diego Unified Port District (District) relating to an educational outreach program partnership between the District and the Nature Center; and WHEREAS, the San Diego Unified Port District's current agreement with the City grants up to $20,000 annually for environmental education at the Nature Center; and WHEREAS, the District's desire is to grant an additional $15,000 in FY06 for support of the Nature Center's Light-footed Clapper Rail Captive Breeding Protocol Development Program; and WHEREAS, these funds will help offset some of the direct costs the City has committed to this program; and WHEREAS, the District has indicated that it intends to make funding available for a few subsequent years under the same terms of the current agreement; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby approve the First Amendment to the agreement with the San Diego Uni:fied Port District for Environmental Education at the Chula Vista Nature Center. BE IT FURTHER RESOLVED, that the Mayor is authorized to execute said Amendment and execute up to three, one year Administrative Extensions of the Amended Agreement. Approved as to form by 2l~~ ~ City Attorney Presented by Dan Beintma Director of Nature Center J:\attomey\reso\amendment\lll Amendment Nature Center-Port 9-10 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 î() rfM- Am1~ r City Attorney Dated:~VY\..R., I) 'J,ODS First Amen ent to the Agreement wIth San Diego Unified Port District for Environmental Education At the Chula Vista Nature Center 9-11 DRAFT FIRST AMENDMENT TO AGREEMENT The parties to this First Amendment to Agreement (Agreement) are the SAN DIEGO UNIFIED PORT DISTRICT (District), a public corporation, and the CITY OF CHULA VISTA (City), a municipal corporation Recitals: The District and City are parties to an agreement to provide professional services for environmental education. The Agreement is on file in the office of the District Clerk as Document No. 48028, dated December 7, 2004. The Parties Aqree: The agreement, pertaining to the above-described professional services, is amended as follows: 1. Paragraph 5 of the Agreement is deleted in its entirety and replaced with: 5. The District agrees to pay to the City a total amount of Thirty Thousand Dollars ($30,000) for services performed during the term of this Agreement. In the event that the. City terminates this Agreement, pursuant to Paragraph 4, above, prior to completion of a full year's activities as provided in Paragraph 1, the City shall reimburse the District on a pro rata basis for those services not performed, within thirty days of the written notice of termination. 2. Paragraph 1 shall be amended to include: i. The City's Chula Vista Nature Center maintains several pairs of LighHooted Clapper Rails for public exhibition/education and captive propagation, These activities are done in conjunction with U.S. Fish & Wildlife. Since 2000, the Chula Vista Nature Center has released about 100 young rails back into the wild. Docs #129134 9-12 DRAFT Funds provided by the District will be used for, but not limited to, supplying food for the birds, exhibit/enclosure maintenance, transport equipment, video monitoring equipment, artificial incubation equipment, Clapper Rail Propagation Protocol Development, veterinary care, and gender analysis of offspring. 3. Except as amended by this First Amendment, all other terms, covenants, and conditions in the original agreement, as amended, shall remain in full force and effect and shall be applicable to this First Amendment. SAN DIEGO UNIFIED PORT DISTRICT By David Merk, Director Environmental Services DATED: ,2005 By Approved as to form Duane E. Bennett, Port Attorney DATED: ,2005 CITY OF CHULA VISTA By Stephen C. Padilla, Mayor DATED: ,2005 By Approved as to form Ann Moore, City Attorney DATED: ,2005 Docs #129134 9-13 COUNCIL AGENDA STATEMENT ITEM / D MEETING DATE 6/7/2005 ITEM TITLE: Resolution of the City Council of the City of Chula Vista adopting the results ofthe Phase VI and Phase VII ClassificatioD Study, various individual and unclassified hourly classification studies and approving the corresponding Compensation Schedule. Marcia Raskin, Director of Human Resources (Y\. ~ City Manager @ (4/5th Vote: Yes ~_.No~ SUBMITTED BY: REVIEWED BY: SUMMARY: Council is being asked to approve the results of the Phase VI, Phase VII, various individual and unclassified hourly classification studies and the corresponding compensation schedule that is recommended. RECOMMENDATION: Adopt the resolution to approve the results of the Phase VI, Phase Vn, various individual and unclassified hourly classification studies and the corresponding compensation schedule to be effective pay period beginning June 24, 2005. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The Human Resources Department recently completed Phase VI and VII of the citywide classification study. This concludes the classification study of all CVEA represented positions. City staff utilized the same methods and terminology established throughout the studies of Phases I, II, ill, IV and V as the methodology for the remaining studies. The study included a review of the work performed, scope and complexity of the assignments and the responsibility of the positions. Several individual classification reviews were also conducted concurrently with Phase VI & VII that include confidential, middle management, senior management and unclassified hourly positions. Phase VI & Phase VII: The positions reviewed in Phase VI & VII were in the City Clerk's Office, Fire, Finance, Library, Recreation, Public Works, Planning & Building, Community Development, General Services, MIS, Nature Center and Police Departments. Staff reviewed a total of150 positions or 55 classifications. Of the 150 positions reviewed it is recommended that 35 receive a salary increase and 115 remain at the current salary level. Staff also recommends the addition ofthree new classifications to meet the needs of the departments. The new classifications are Field Maintenance Specialist, Senior Fire Inspector and Senior Animal Care Assistant. 1 0-1 ITEM /1) MEETING DATE 617/2005 All positions reviewed in Phase VI and Phase VII are represented by the CVEA bargaining unit. City staff and CVEA representatives have met and conferred over the impacts of this study and are in agreement on the results. Additional classification studies: Several individual classification reviews were conducted concurrently with Phase VI & VII. These studies include the review of hourly classifications in the recreation and library departments and positions in Administration, Community Development, Finance, Fire, and General Services, Human Resources, Library, Mayor's Office, MIS, and Police departments. Staffreviewed a total of 14 positions or 17 classifications at the request of the departments. These classifications included 3 confidential, 11 middle management, one unclassified and two senior management. Ofthe 14 positions reviewed it is recommended that 14 receive a salary increase and a decrease in salary for one vacant unclassified position. Staff also recommends the creation of 4 new classifications to meet the ongoing needs of the departments. These classifications are Housing Manager, Animal Care Facility Supervisor, Senior Benefits Technician, and Senior Public Safety Analyst. Also at the request of the Recreation, Library and Police departments, several hourly classifications were reviewed to ensure accuracy of job specifications and pay equity. Of the 17 classifications reviewed 8 classifications will receive a salary increase, 5 classifications will remain at the current salary level. Staff also recommends the creation of four new hourly classifications, Recreation Leader II, Museum Attendant, School Crossing Guard and Reserve Officer. FISCAL IMPACT: The total estimated costs are $450,481, offset by $114,965 in revenue. The costs of these changes are incorporated in the fiscal year 2006 budget; no additional appropriations are necessary at this time. ATTACHMENTS: A) Phase VI & Phase VII, Various Individual Reclassifications, and Unclassified Hourly Reclassifications Budgeted Position Changes, and B) Proposed Salary Table. 102-2 ITEM 10 MEETING DATE 6/7/2005 ATTACHMENT A Phase VI & Phase VII Various Individual Reclassifications Unclassified Hourly Reclassifications Budgeted Position Changes DeptlSection Current Classification New Classification Administration Senior Management Analyst Fiscal & Management Analyst City Clerk's Office Records Technician (I) Senior Records Technician Communications Design Specialist Design Specialist Communications Specialist Communications Specialist Community Development No Classification Housing Manager Finance Customer Service Representative Accounting Assistant Senior Office Specialist (I) Accounting Assistant Senior Fiscal Office Specialist (I) Accounting Technician Accountant (I) Associate Accountant Senior Accountant Senior Accountant Fire No Classification Senior Fire Inspector Fire Marshal Fire Marshal Public Education Specialist Public Education Specialist General Services Administrative Analyst II Senior Administrative Analyst Administrative Analyst II (2) Administrative Analyst II (2) . Engineering Technician III Senior Engineering Technician Engineering Technician II (2) Senior Engineering Technician Engineering Technician I Engineering Technician I Engineering Aide Engineering Technician I Landscape Planner I (2) Landscape Planner 11 Survey Technician I Survey Technician I No Classification Senior Animal Care Assistant 10.33 ITEM /D DeptlSection Current Classifieation New Classification No Classification Animal Care Facility Supervisor HV AC Technician I HV AC Technician HV AC Technician II HV AC Technician Human Resources Senior Fiscal Office Specialist (I) Benefits Technician No Classification Senior Benefits Technician Library Circulation Supervisor Librarian I Senior Circulation Assistant Library Associate Circulation Assistant (I) Library Associate Circulation Assistant Library Assistant Administrative Analyst II Senior Administrative Analyst Stretch Program Supervisor Educational Services Supervisor Extended School Day Supervisor Educational Services Supervisor Senior Librarian (I) Library Automation Specialist Administrative Services Manager Grants Development Manager No classification Museum Attendant (Hrly) Delivery Driver Delivery Driver Mayor's Office Constituents Services Manager Constituents Service Manager MIS Computer Operator Teleconununications Specialist Micro Computer Specialist (2) Senior Micro Computer Specialist Micro Computer Support Manager Micro Computer Support Manager . Nature Center Custodian Nature Center Grounds Maintenance Worker Nature Center Gardener Nature Center Maintenance Specialist Nature Center Specialist Nature Center Specialist Recreation Aquatics Coordinator Aquatic Supervisor III Pool Manager Aquatic Supervisor 11 MEETING DATE 61712005 lCJ'l4 ITEM ! D Dept/Section Current Classification New Classification Senior Lifeguard Aquatic Supervisor I Recreation Supervisor TI1 Recreation Supervisor TI1 No Classification Field Maintenance Specialist Lifeguard II1I (Hrly) Lifeguard II1I (Hrly) Lead Lifeguard (Hrly) Senior Lifeguard (Hrly) Recreation Leader (Hrly) Recreation Leader I (Hrly) No classification Recreation Leader II (Hrly) Recreation Specialist (Hrly) Recreation Specialist (Hrly) Tiny Tot Aide (Hrly) Tiny Tot Aide (Hrly) Tiny Tot Instructor (Hrly) Tiny Tot Specialist (Hrly) Gymnastics Instructor (Hrly) Gymnastics Specialist (Hrly) Phuming & Building Office Specialist Senior Office Specialist Senior Planning Technician Assistant Planner Police Infonnation Technology Analyst Police Technology Specialist Crime Analysis Manager Police Support Service Manager No Classification Senior Public Safety Analyst No Classification School Crossing Guard (Hrly) No Classification Reserve Officer (Hrly) Public W orks- Parks Lead Ranger Senior Park Ranger Ranger Aide Park Ranger MEETING DATE 6/7/2005 105-5 ATTACHMENT B PHASE VI, VII & RECLASSIFICATIONS Salary Table Annual Salary Classification A B C D E Accounting Assistant $34,344.70 $36,062.00 $37,865.10 $39,758.16 $41,746.12 Accounting Technician $43,446.00 $45,618.30 $47,899.28 $50,294.14 $52,808.86 Administrative Analyst I $47,719.28 $50,105.24 $52,610.50 $55,241.03 $58,003.08 Administrative Analyst II $52,491.22 $55,115.78 $57,871.56 $60,765.14 $63,803.40 Animal Care Facilities Suuervisor $63,454.35 $66,627.07 $69,958.42 $73,456.34 $77,129.16 Aquatic Supervisor I $39,231.92 $41,193.36 $43,253.08 $45,415.76 $47,686.60 Aquatic Supervisor II $43,155.06 $45,312.80 $47,578.44 $49,957.44 $52,455.26 Aquatic Supervisor III $49,627.82 $52,109.21 $54,714.67 $57,450.40 $60,322.92 Assistant Planner $50,611.34 $53,141.66 $55,798.86 $58,588.66 $61,518.08 Associate Planner $55,672.50 $58,455.80 $61,378.72 $64,447.76 $67,669.94 Associate Accountant $61,763.20 $64,851.36 $68,093.93 $71,498.63 $75,073.56 Benefits Technician $39,435.50 $41,407.34 $43,477.72 $45,651.58 $47,934.12 Communications Specialist $60,380.32 $63,399.44 $66,569.36 $69,897.88 $73,392.54 Community Development Specialist I $50,611.34 $53,141.66 $55,798.86 $58,588.66 $61,518.08 Community Develoument Suecialist II $55,672.50 $58,455.80 $61,378.72 $64,447.76 $67,669.94 Constituent Services Manager $47,492.12 $49,866.70 $52,360.10 $54,978.04 $57,727.02 Delivery Driver $27,661.66 $29,044.74 $30,496.98 $32,021.83 $33,622.92 Design Specialist $60,380.32 $63,399.44 $66,569.36 $69,897.88 $73,392.54 Educational Services Suuervisor $43,155.06 $45,312.80 $47,578.44 $49,957.44 $52,455.26 Engineering Technician I (IIII) $42,616.91 $44,747.76 $46,985.14 $49,334.40 $51,801.12 Engineering Technician 11 (IIII) $46,878.78 $49,222.68 $51,683.84 $54,267.98 $56,981.28 Family & Youth Literacy Coord $43,155.06 $45,312.80 $47,578.44 $49,957.44 $52,455.26 Field Maintenance Specialist $33,193.94 $34,853.78 $36,596.30 $38,426.18 $40,347.58 Fire Marshal $83,974.89 $88,173.63 $92,582.31 $97,211.43 $102,072.00 Fiscal & Management Analyst $73,069.10 $76,722.36 $80,558.66 $84,586.58 $88,815.74 GIS Specialist $50,670.36 $53,203.80 $55,864.12 $58,657.30 $61,590.10 Grants Development Manager $0.00 $0.00 $0.00 $0.00 $97,197.10 HVAC Technician $44,219.76 $46,430.80 $48,752.34 $51,190.10 $53,749.54 Housing Manager $88,157.34 $92,565.21 $97,193.47 $102,053.14 $107,155.80 Landscape Planner I $50,611.34 $53,141.66 $55,798.86 $58,588.66 $61,518.08 Landscape Planner II $55,672.50 $58,455.80 $61,378.72 $64,447.76 $67,669.54 Librarian I $40,698.06 $42,733.08 $44,869.50 $47,113.04 $49,468.64 Librarian II $44,767.84 $47,006.18 $49,356.58 $51,824.50 $54,415.66 Librarian III $49,244.78 $51,706.98 $54,292.16 $57,006.82 $59,857.20 Library Assistant $29,273.40 $30,737.20 $32,274.06 $33,887.62 $35,582.04 Library Associate $36,998.26 $38,848.16 $40,790.62 $42,830.06 $44,971.68 Library Automation Specialist $61,311.12 $64,376.52 $67,595.32 $70,975.32 $74,524.06 Micro Computer Support Manager $74,186.37 $77,895.69 $81,790.48 $85,880.00 $90,174.00 Nature Center Ground Maint Worker $30,176.68 $31,685.16 $33,269.34 $34,932.82 $36,679.50 Nature Center Maintenance Specialist $39,832.78 $41,824.38 $43,915.82 $46,111.52 $48,417.20 Nature Center Specialist $41,663.44 $43,748.56 $45,933.94 $48,230.52 $50,642.02 Park Ranger Supervisor $45,807.58 $48,097.92 $50,502.66 $53,027.78 $55,679.26 Plans Examiner $67,623.40 $71,004.70 $74,554.74 $78,282.62 $82,196.66 Police Recruit $44,477.69 $46,701.46 $0.00 $0.00 $0.00 Police Support Services Manager $62,191.57 $65,301.15 $68,566.20 $71,994.51 $75,594.24 Police Technology Specialist $61,311.12 $64,376.52 $67,595.32 $70,975.32 $74,524.06 Public Education Specialist $39,437.06 $41,409.16 $43,479.54 $45,653.40 $47,935.94 Recreation Supervisor I $39,231.92 $41,193.36 $43,253.08 $45,415.76 $47,686.60 Recreation Supervisor II $43,155.06 $45,312.80 $47,578.44 $49,957.44 $52,455.26 Recreation Supervisor III $49,627.82 $52,109.21 $54,714.67 $57,450.40 $60,322.92 Senior Accountant $71,027.69 $74,579.07 $78,308.03 $82,223.43 $86,334.60 I -0 ATTACHMENT B PHASE VI, VII & RECLASSIFICATIONS Salary Table Annual Salary Senior Animal Care Assistant $35,414.87 $37,185.62 $39,044.90 $40,997.14 $43,047.00 Senior Benefits Technician $44,817.57 $47,058.45 $49,411.37 $51,88\.94 $54,476.04 Senior En.illeering Technician $53,910.48 $56,606.16 $59,436.26 $62,408.06 $65,528.58 Senior Fire Insnector $61,997.08 $65,096.94 $68,35\.78 $71,769.37 $75,357.84 Senior Management Analyst $60,380.32 $63,399.44 $66,569.36 $69,897.88 $73,392.54 Senior Micro Comnuter Snecialist $67,442.12 $70,814.23 $74,354.94 $78,072.69 $81,976.32 Senior Office Snecialist $32,629.48 $34,260.98 $35,973.86 $37,772.54 $39,661.18 Senior Park Ran.er $33,193.94 $34,853.78 $36,596.30 $38,426.18 $40,347.58 Senior Public Safety Analvst $57,864.19 $60,757.40 $63,795.27 $66,985.03 $70,334.28 Senior Records Technician $37,523.62 $39,399.81 $41,369.80 $43,438.29 $45,610.20 Survev Technician I WIn $42,616.91 $44,747.76 $46,985.14 $49,334.40 $51,80\.12 Survey Technician II (IIII) $46,878.78 $49,222.68 $51,683.84 $54,267.98 $56,981.34 Telecommunications Specialist $39,440.70 $41,412.54 $43,483.18 $45,657..30 $47,940.36 Volunteer Coordinator (DeDt) $33,664.64 $35,347.78 $37,115.26 $38,970.88 $40,919.58 Webmaster $50,670.36 $53,203.80 $55,864.12 $58,657.30 $61,590.10 Hourly Salary Classification A B C D E Tiny Tot Aide $11.39 $1\.96 $12.56 $13.19 $13.85 Tiny Tot Specialist $13.68 $14.37 $15.08 $15.84 $16.63 Gymnatic Snecialist $13.68 $14.37 $15.08 $15.84 $16.63 Life¡ruard I $12.52 $13.15 $13.80 $14.50 $15.22 Lifeguard II $13.77 $14.46 $15.18 $15.94 $16.74 Senior Lifelluard $15.15 $15.90 $16.70 $17.53 $18.41 Recreation Aid $8.65 $9.08 $9.53 $10.01 $10.51 Recreation Leader I $9.91 $10.41 $10.93 $11.48 $12.05 Recreation Leader II $11.39 $1 \.96 $12.56 $13.19 $13.85 Recreation SDecialist $13.68 $14.37 $15.08 $15.84 $16.63 Youth Leader $12.28 $\2.90 $13.54 $14.22 $14.93 Dash Program Leader $17.20 $18.06 $18.97 $19.91 $20.91 School Site Coodinator $17.20 $18.06 $18.97 $19.91 $20.91 Park Ran!ler $12.00 $12.60 $13.23 $13.90 $14.59 Muesum Attendent $9.91 $10.41 $\0.93 $1\.48 $12.05 School Crossing Guard $9.11 $9.56 $\0.04 $10.54 $1\.07 Reserve Officer $12.89 $13.53 $14.21 $0.00 $0.00 10-7 . DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE RESULTS OF THE PHASE VI AND PHASE VII CLASSIFICATION STUDY, VARIOUS INDNIDUAL AND UNCLASSIFIED HOURLY CLASSIFICATION STUDIES AND APPROVING THE CORRESPONDING COMPENSATION SCHEDULE WHEREAS, the Human Resources Department recently completed Phases VI and VII of the citywide classification study, utilizing the same methods and terminology as established throughout the studies of Phases I, II, ill, N and Vas the methodology for remaining studies; and WHEREAS, the study included a review of the work performed, the scope and complexity of assignments, and the responsibility of the positions; and WHEREAS, the positions reviewed in Phase VI and VII were in the City Clerk's Office, Fire, Finance, Library, Recreation, Public Works, Planning & Building, Community Development; General Services, MIS, Nature Center, and Police Departments; and WHEREAS, staffreviewed a total of 150 positions or 55 classifications and of the 150 positions reviewed it is recommended that 35 positions receive a salary increase, and 115 remain at the current salary level; and WHEREAS, the positions reviewed in Phase V were in the Police, Finance, Planning & Building Departments and the Nature Center; and WHEREAS, staff recommends the addition of three new classifications to meet the needs of the departments. The new classifications are Field Maintenance Specialist, Senior Fire Inspector and Senior Animal Care Assistant; and WHEREAS, all positions reviewed in Phase VI and Phase VII are represented by the CVEA bargaining unit; and WHEREAS, City staff and CVEA representatives have met and conferred over the impacts ofthis study and are in agreement on the results. WHEREAS, several individual classification reviews were conducted concurrently with Phase VI and VII. These studies include the review of hourly classifications in the recreation and library departments and positions in Administration, Community Development, Finance, Fire, and General Services, Human Resources, Library, Mayor's Office, MIS and Police Departments; and 10-8 DRAFT WHEREAS, staff recommends the addition on new classifications tò meet the needs of the departments; and WHEREAS, staff reviewed a total of 14 positions or 17 classifications at the request of departments. This classifications include 3 confidential, 11 middle management, one unclassified and two senior management. Of the 14 positions reviewed it is recommended that 14 receive a salary increase and a decrease in salary for one vacant unclassified position; and WHEREAS, staff recommends the creation of 4 new classifications to meet the ongoing needs of the departments. These classifications are Housing Manager, Animal Care Facility Supervisor, Senior Benefits Technician, and Senior Public Safety Analyst; and WHEREAS, at the request of the Recreation, Library and Police Departments, several hourly classifications were reviewed to ensure accuracy of job specifications and pay equity. Of the 17 classifications reviewed 8 classifications will receive a salary increase, 5 classifications will remain at the current salary level. Staff also recommends the creation of four new hourly classifications, Recreation Leader IT, Museum Attendant, School Crossing Guard and Reserve Officer. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby adopt the results of the Phase VI and Phase VII Classification Studies, various individual and unclassified hourly classification studies and approving the corresponding Compensation Schedule. Presented by Approved as to form --&"1 ",'ì~\''\r~~ \\. Ann Moore City Attorney Marcia Raskin Director of Human Resources J:attorneylReso/Classification/Classification Study Phases V1 and VII 10-9 ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item~ Meeting Date 06/07/05 Resolution Accepting bids and awarding various landscape maintenance contracts totaling $1,656,764.93 for Open Space Districts (OSD) 1,2,3,4,5,6,7,8,9,10,11,14,15,17,18,20,23,24,26,31; Community Facility Districts (CFD) 97-1 STA B, 97-1 AM (Otay Ranch), 97-1 AB (Otay Ranch), 98-1 & 98-3 (TCR), 98-3 (Sunbow II), CFD 99-2 (Otay Ranch), EastLake Landscape Maintenance District (ELMD) Zones A, B, & D, Telegraph Canyon Road (TCR) Phase 2 & Phase 3, and Medians and Parkways (M & P) and authorizing the Purchasing Agent to renew the agreements for five (5) additional, one (1) year option periods Director of Public Works Operation~ City Manager ~ (4/5ths Vote: Yes_Nol) Bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians and Parkways were opened on April 14, 2005. Bids were requested because the existing contracts will come to term and expire on June 30, 2005. BOARD/COMMISSION RECOMMENDA nON: N/ A RECOMMENDATION: That Council adopt a resolution to accept bids and award various landscape maintenance contracts totaling $1,656,764.93 to: Aztec Landscaping ($86,324.20); Blue Skies ($97,412); Brewer Lawn Maintenance ($66,529.43); New Way ($238,792); RC's Landscape ($166,488.60); Tru Green ($69,579.02); and Merchants Landscape ($931,639.68); and authorizing the Purchasing Agent to renew agreements for five (5) additional, one (1) year option periods. DISCUSSION: The Purchasing Agent requested bids for the provision of Landscape Maintenance of Open Space Districts. 119 Invitation to Bid letters were mailed out; twelve (12) were sent to local contractors. The bid was also advertised in the Chula Vista Star News, San Diego Union Tribune, and on the City's Website. Representatives from twenty-two (22) companies attended a mandatory pre-bid conference held on March 24th and bids were opened on April 14th. Nine (9) contractors submitted bids. Three (3) of the respondents are from Chula Vista. A summary of the apparent low biddersl follows: I Includes tree trinuning and applicable payment terms 11-1 Page 2, Item ll-. Meeting Date 06/07/05 Summary of Low Bidders RC'S LaDdscape OSD 4 - $33,275.96 OSD 10 - $33,212.64 District 20, Zone 7 - $100,000 Total: $166,488,60 Merchants LaDdscape CFD 98-1 & 98-3 (TCR) - $7,898.04 CFD 98-3 Sunbow II- $287,844.48 CFD 97-1 STA B - $125,132.76 CFD 97-1AB (OR) - $67,601.88 CFD 99-2 (OR) - $88,183.44 OSD 2 - $4,599.84 OSD 5 - $11,537.64 OSD 6 - $5,288.04 OSD 7 - $3,810.00 OSD 14 - $116,550.96 OSD 15 - $3,737.52 OSD 17 - $1,087.92 OSD 18 - $37,207.92 District 20, Zone 4 - $28,141.56 OSD 24 - $5,995.68 OSD 26 - $2,220.00 OSD 31 - $28,024.80 TCRD, Phase 2 - $9,263.52 TCRD, Phase 3 - $9,681.60 ELMD, Zone A - $47,653.92 ELMD, Zone B - $14,105.28 ELMD, Zone D - $26,072.88 Total: $931,639,68 Aztec Landscaping OSD 1 - $18,652.27 OSD 9 - $25,350.93 District 20, Zone 6 - $42,321.00 Total: $86,324.20 Blue Skies CFD 97-1 AM (OR) - $97,412.00 Brewer Lawn MaintenaDce OSD 3 - $18,380.10 OSD 11 - $48,149.33 Total: $66,529.43 New Way OSD 8 - $24,644.00 District 20, Zone 5 - $214,148.00 Total: $238,792.00 Tru Green M&P' - $41,929.57 District 20, Zone 2 - $17,819.49 OSD 23 - $9,829.96 Total: $69,579.02 Total (All Districts): $1,656,764.93 Original bid submittals are available in the Purchasing Agent's office. The bid process yielded the following results: · The 36 contracts for all districts total: $1,656,764.93; · The current contracts for FY05 total: $2,122,813, and · Bids represent a savings of approximately $466,000 or 22% from the FY05 amount. 2 Does not include Tree Pricing 11-2 Page 3, Item 11- Meeting Date 06/07/05 The contract is for one year with five one-year options if work performance is satisfactory. Additional extensions of one year shall be by mutual agreement of the Contractor and City. Prices shall be firm for the first contract year. For the option years, price increases are based on changes in the annual San Diego Consumer Price Index, for an amount not to exceed 5%. The City reserves the right to accept option year price increases or terminate the contract without penalty. The City reserves the right to extend the unit pricing on districts that may have phases in development that will be turned over to the City for maintenance in the future. The contract period for the initial year starts on July 1,2005, through June 30, 2006. CONCLUSION: The bids represent an overall savings of approximately $466,000 or 22% from the FY05 amounts. It is uncommon that maintenance prices in the "Green Industry" go down during periods of active economic growth and development, as most landscaping companies prefer to complete landscape installation as opposed to landscape maintenance. In light of these unanticipated savings, staff recommends the acceptance of these bids and the award of these contracts. FISCAL IMPACT: All landscape maintenance costs will be borne by the respective homeowners in each Open Space District or Community Facility District. Therefore, there is no impact to the General Fund. C:\Documents and Settings\robeltb\1vly Documents\Bob\Al13 Landscape Maintenance Contracts FY06.doc 11-3 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING VARIOUS LANDSCAPE MAINTENANCE CONTRACTS TOTALLING $1,656,764.93 FOR OPEN SPACE DISTRICTS (OSD) 1,2,3,4,5,67, 8, 9, 10, 11, 14, 15, 17, 18,20,23,24,26, 31; COMMUNITY FACILITY DISTRICTS (CFD) 97-1 STA, B, 97-1 AM (OTAY RANCH), 97-1 AB (OTAY RANCH), 98-1 & 98-3 (TCR), 98-3 (SUNBOW II), CFD 99-2 (OTAY RANCH), EASTLAKE LANDSCAPE MAINTENANCE DISTRICT (ELMD) ZONES A B, D, TELEGRAPH CANYON ROAD (TCR) PHASE 2 & PHASE 3, AND MEDIANS AND PARKWAYS (M & P) AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE (5) ADDITIONAL, ONE (1) YEAR OPTION PERIODS WHEREAS, bids to provide landscape maintenance services for the City's Open Space Districts, Community Facility Districts, Telegraph Canyon Road, and Medians and Parkways were opened on April 14, 2005. Bids were requested because the existing contracts will come to term and expire on June 30, 2005; and WHEREAS, representatives from twenty-two (22) companies attended a mandatory pre-bid conference held on March 24th and bids were opened on April 14th. Nine (9) contractors submitted bids. Three (3) of the respondents are from Chula Vista. A summary of the apparent low bidders! follows; and Summary of Low Bidders Aztec LaDdscapiDg OSD 1 - $18,652.27 OSD 9 - $25,350.93 District 20, Zone 6 - $42,321.00 .Total: $86,324.20 Blue Skies CFD 97-1 AM (OR) - $97,412.00 MerchaDts Landscape CFD 98-1 & 98-3 (TCR) - $7,898.04 CFD 98-3 Sunbow II - $287,844.48 CFD 97-1 STA B - $125,132.76 CFD 97-1AB (OR) - $67,601.88 CFD 99-2 (OR) - $88,183.44 OSD 2 - $4,599.84 OSD 5 - $11,537.64 OSD 6 - $5,288.04 OSD 7 - $3,810.00 OSD 14 - $116,550.96 OSD 15 - $3,737.52 OSD 17 - $1,087.92 OSD 18 - $37,207.92 District 20, Zone 4 - $28,141.56 Brewer Lawn MaiDtenaDce OSD 3 - $18,380.10 OSD 11 - $48,149.33 Total: $66,529.43 New Way I Includes tree trimming and applicable payment tenus 11-4 DRAFT OSD 8 - $24,644.00 District 20, Zone 5 - $214,148.00 Total: $238,792.00 OSD 24 - $5,995.68 OSD 26 - $2,220.00 OSD 31 - $28,024.80 TCRD, Phase 2 - $9,263.52 TCRD, Phase 3 - $9,681.60 ELMD, Zone A - $47,653.92 ELMD, Zone B - $14,105.28 ELMD, Zone D - $26,072.88 Total: $931,639.68 RC'S Landscape OSD 4 - $33,275.96 OSD 10 - $33,212.64 District 20, Zone 7 - $100,000 Total: $166,488.60 Tru GreeD M&P2 _ $41,929.57 District 20, Zone 2 - $17,819.49 OSD 23 - $9,829.96 Total: $69,579.02 Total (AIl Districts): $1,656,764.93 Original bid submittals are available in the Purchasing Agent's office. The bid process yielded the following results: · The 36 contracts for all districts total: $1,656,764.93; · The current contracts for FY05 total: $2,122,813, and · Bids represent a savings of approximately $466,000 or 22% from the FY05 amount. WHEREAS, the City reserves the right to extend the unit pricing on districts that may have phases in development that will be turned over to the City for maintenance in the future. The contract period for the initial year starts on July 1, 2005, through June 30, 2006; and WHEREAS, the bids represent an overall savings of approximately $466,000 or 22% from the FY05 amounts; and WHEREAS, staff recommends the acceptance of these bids and the award of these contracts. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does accept bids and award various landscape maintenance contracts totaling $1,656,764.93 for Open Space Districts (OSD) 1,2,3,4,5,6,7,8,9, 10, 11, 14, 15, 17, 18, 20, 23,24,26,31; Community Facility Districts (CFD) 97-1 STA B, 97-1 AM (Otay Ranch), 97-1 AB (Otay Ranch), 98-1 & 98-3 (TCR), 98-3 (Sunbow II), CFD 99-2 (Otay Ranch), EastLake Landscape Maintenance District (ELMD) Zones A, B, & D, Telegraph Canyon Road (TCR) Phase 2 & Phase 3, and Medians and Parkways (M & P) and authorizing the Purchasing Agent to renew the agreements for five (5) additional, one (1) year option periods, a copy of which is on file in the office of the City Clerk. 2 Does not include Tree Pricing 11-5 Presented by Dave Byers Director of Public Works Operations J :\attorney\Resos\bids\Open Space various bids.doc Approved as to form by DRAFT . f\ ~DI\\\~~rhs:À\\ Ann Moore City Attorney 11-6 COUNCIL AGENDA STATEMENT Item Meeting Date /~ 06/07/05 ITEM TITLE: Public Hearing to consider the City's intent to vacate street light and pedestrian easements and a public drainage easement located adjacent to Auto Park Drive, east ofl-805, South of Main Street Resolution ordering the vacation of the street light and pedestrian easements and a public drainage easement located adjacent to Auto Park Drive, east ofl-805, South of Main Street SUBMITTED BY: City Engineer 5k City Manager~ (4/5ths Vote: Yes: _ No:.JL) REVIEWED BY: The City of Chula Vista is considering vacating a street light and pedestrian easements and a public drainage easement located adjacent to Auto Park Drive, east of I-80S, South of Main Street. DGF Family Partnership, owner of the property located at 520 Auto Park Drive (Fuller Ford), has requested the vacation of the abovementioned easements. In accordance with Part 3, Chapter 3 of the California Streets and Highways Code, Council adopted the Resolution of Intention No. 2005-144 setting a public hearing for June 7, 2005 at 4:00 p.m. in the Council Chambers to consider the vacation of the easements. In order to vacate, Council must adopt a resolution ordering the vacation of the easements. RECOMMENDATION: That Council hold the subject public hearing and adopt a resolution ordering the vacation of the street light and pedestrian easements and a public drainage easement located adjacent to Auto Park Drive, east ofl-805, South of Main Street. BOARDS/COMMISSIONS RECOMMENDATIONS: None. DISCUSSION: On April I, 2005, a representative for the DGF Family Limited Partnership, owners of the Fuller Ford auto dealership in Chula Vista, requested the vacation of existing public street easements for Auto Park Drive and associated Street Light and Pedestrian Easements, Public Draimige Easement and Easement for Parking and Emergency Access within the auto dealerships located east of I-80S, south of Main Street and on either side of Brandywine Avenue (see attached Exhibit "A"). Auto Park Drive was mapped and built in 1993 with the creation of the Ford and Chevrolet dealerships, but the street was not granted for public use until the street easement documents were recorded in 1995 (Doc. No's. 1995-0152161, 1995-0177682 and 1995- 0177686). Similarly, the street light and pedestrian easements were granted for public use by 12-1 Page 2, Item MeetiDg Date ¡;;L 06/07/05 separate instruments (Doc. No's. 1995-0152163, 1995-0177684 and 1995-0177688). The Easement for Parking and Emergency Access and Drainage Easement were granted and accepted for public purposes on Parcel Map No. 17197 recorded August 18, 1993. The auto dealers located around Auto Park Drive wish to make better use of the land that currently makes up Auto Park Drive and associated Street Light and Pedestrian Easements, Public Drainage Easement and Easement for Parking and Emergency Access. Their intent is to redesign their dealerships to be of a more typical layout consisting of a main entry drive aisle instead of the fiontage road layout (Auto Park Drive) that exists today. This will result in improved traffic circulation and expand dealership inventory storage. On April 26, 2005, Council approved the Redevelopment Agency's transfer of its Option to Purchase the adjacent Shinohara property to DGF Family Limited Partnership, Fuller Ford. The proposed easement vacations will further facilitate the expansion of Fuller's business operations and activities into this newly acquired land. All utility companies have been notified of this street easement vacation proposal. The Otay Water District currently has an existing water utility easement over the entire street easement area and the vacation will not affect the District's easement. SDG&E has indicated they have existing overhead utility and underground gas facilities with the area to be vacated and request that the City retain an easement for their facilities upon vacation of the street easements. No other utility companies have facilities within the easements proposed for vacation. Staff posted conspicuously notices of vacation along the easements proposed to be vacated and published the notice of the hearing in a local newspaper in accordance with the requirements of the California Streets and Highways Code, Chapter 3. 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. FISCAL IMPACT: Deposits made by the applicant are paying for the costs related to the processing of this vacation request. Attachment: Exhibit A: Auto Park Drive Locations of Proposed Easement to be Vacated J:\Engineer\AGENDA \CAS2005\6-07-05\A-113-Auto Park (June 7 Meeting).sh.doc FILE #: 12-2 Q) = > « ·C = 0 t:~ ((}!.... _co Io.. XO W+-' ::J « ~s :Áq paJedaJd SOIZ ./SO Jde')jJedolne/sl!LUJad/Jaau!6ua¡:r "'0 Q) +-' ro c: Ü CO-O 1"1"1 ';::2 '-v en ctI > Q)CJ -0 co Q» ", a. Q) \LI -o..Q ,..... C:o ....10....1 co +' +' +' ..c: c: o c>Q) +-' , :.:J E , Q) en I ã) (J) c ------i ~ ~ t Q) ------ E Q) en CO W I "'0 =--===-==-===---==r I i Q) I I- II \.&J en I w .~ ~ ______ I ~ ~ '<? o ::æ: \ !.... I 0.. I . / , J ------ c: co-o ':;:: (]) +' +' (J) ro Q) CJ -0 co Q» a.Q) -O..Q c: 0 co+, +' +' ..c:c: C>Q) :.:JE +'Q) Q) (J) ~ CO +,UJ /U) 7 --'----' . --.. ............... \. __ ^ 't/ ~NIMAºN'riICJ \ I -.Q \ . , I \ , , l- I I '+- o en .§ _iliU_ m <fLEf-NPER AV___ Ü o ...J I / , / 12-3 " " I \ I \ I \ I \ --~ I g¡,.8-o co +' Q) cCrn .- Q) CJ ~ E co OQ» (J) - co Q) ~UJ..Q w z SS: - Q) Q) u. o o o .... o o It) o V1 o o It) RESOLUTION NO. 2005- DRAFT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF THE STREET LIGHT AND PEDESTRIAN EASEMENTS AND A PUBLIC DRAINAGE EASEMENT LOCATED ADJACENT TO AUTO PARK DRIVE, EAST OF I-80S, SOUTH OF MAIN STREET WHEREAS, the City of Chula Vista is considering vacating street light and pedestrian easements and a public drainage easement located adjacent to Auto Park Drive, east of 1-805, South of Main Street; and, WHEREAS, DGF Family Partnership, owner of the property located at 520 Auto Park Drive (Fuller Ford), has requested the vacation of the abovementioned easements; and, WHEREAS, in accordance with Part 3, Chapter 3 of the California. Streets and Highways Code, Council must hold a public hearing in order to consider the vacation of the street light, pedestrian easement and drainage easement; and, WHEREAS, in order to vacate, Council must adopt a resolution ordering the vacation of these easement; and, WHEREAS, the City is retaining a utility easement at the request of SDG&E to accommodate existing utility and gas facilities; and WHEREAS, on May 10, 2005, Council adopted the Resolution ofIntention No. 2005- 144 setting a public hearing for June 7, 2005 at 4:00 p.m. in the Council Chambers to consider the vacation of the easements. NOW, THEREFORE, BE IT RESOLVED that after conducting the public hearing and considering the evidence submitted, the City Council finds that the street light and pedestrian easements and a public drainage easement located adjacent to Auto Park Drive, east of 1-805, South of Main Street, more particularly described in Parcel Map 17197 and granted for Public Use by Document Numbers: 1995-0152163, 1995-0177684 and 1995-0177688 are unnecessary for present or prospective public use; and, BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the Recorder of the county in which the property is located. Upon such recordation, the vacation shall be complete. Presented by Sohaib Al-Agha City Engineer 12-4 COUNCIL AGENDA STATEMENT Item: I j Meeting Date: 6/7/05 ITEM TITLE: Public hearing to consider adoption of an ordinance amending Chapter 3.50 of the Municipal Code relating to the review and adjustment of PFDIF fees to pay public facility improvements and equipment purchases and upgrades Ordinance of the City Council of the City of Chula Vista amending Chapter 3.50 of the Municipal Code relating to the review and adjustment of PFDIF fees to pay public facility improvements and equipment purchases and upgrades. Resolution amending the Master Fee Schedule to adjust the Public Facilities Development hnpact Fee (PFDIF) for public facility improvements and equipment purchases and upgrades. SUBMITTED BY: Director of General service~ t- City Manag~ (4/5ths Vote: Yes...x.. No ~ REVIEWED BY: In November 2002, City Council amended the PFDIF fees. Since that time, building construction costs and the cost to purchase and/or upgrade equipment have increased. The ordinance the Council adopted indicated that the City could adjust the amount of the PFDIF fees based on recognized cost indexes. Since the November 2002, increases in building construction and equipment purchase costs necessitate adjusting the fees. As the PFDIF has a number of components, the fee adjustment will be based on the Engineering News Records Building Construction Cost Index (Los Angeles Index) for those components for which construction activities are underway, impending or will occur in the future. For those components that do not pertain to constuction the Consumer Price Index for the San Diego Metropolitan Statistical Area will be utilized. RECOMMENDATION: That City Council adopt the resolution and place a measure to adopt the ordinance on its first reading, to be in full force and effect 60 days after its second reading and adoption. BOARDS AND COMMISSIONS: N/A DISCUSSION: The purpose of the Public Facilities Development hnpact Fee (PFDIF) is to mitigate the cumulative burden on public facilities placed by new development. The public facilities financed by the PFDIF include the following eleven components: 13-1 Page 2, Item 13 Meeting Date 6/7/05 1. Civic Center Expansion 2. Police 3. Corporation Yard 4. Libraries 5. Fire Suppression 6. Geographic Information Systems 7. Computer Systems 8. Telecommunications Systems 9. Records Management 10. Administration 11. Major Recreation Facilities In November of 2002, the City Council approved updates to the fees for these components. Since that time, building construction costs and consumer prices have escalated. In an effort to allow the City to continue to move forward with its projects at the same scope as was contemplated when the PFDIF was last updated, the fees need to be adjusted to account for these inflationary cost increases. Section 3.50.090 of the Municipal Code provides for the amount of the fee and also provides for the City Council to adjust the amount of the fee as necessary to reflect changes in the costs of facilities as may be reflected by such index as the Council deems appropriate. Since the fee has components that are focused on building construction activities and other components that are focused on equipment or administrative functions, it is recommended that the following components be adjusted by the Engineering-News Record Building Construction Cost Index (Los Angeles Index): I. Civic Center Expansion 2. Libraries 3. Fire Suppression 4. Major Recreation Facilities The Engineering News Record Building Construction Cost Index is a widely recognized accounting of the changing costs of building construction. The index factors in both the costs of labor, equipment and typical building construction materials and is utilized by both public and private sector entities to plan and budget for building construction costs. The Los Angeles Index reflects the changes in that specific market. The Engineering News Record does not provide exclusive cost analysis for the San Diego area. The Los Angeles area is most comparable to the San Diego market due to its geographical proximity and similar labor and market conditions. The Los Angeles area index has increased 12% since December of 2002 (See Attachment #1 for chart of index from December 2002 through April 2005). The remaining components will be adjusted in accordance with Consumer Price Index, San Diego Metropolitan Area, (CPI) which, has increased 7% since December 2002 (See Attachment #2). The CPI is used by many public and private entities to project and analyze the future costs of consumer goods and is a generally recognized bellwether of changing price conditions for consumer goods. 13-2 Page 3, Item 13 Meeting Date 6/7/05 The following table depicts the current and proposed fee for each component per land use category: ~ Proposed Fee % Adjustment Use Current Fee Actual Fee Increase Single Family DU $1,089 $1,220 12% $131 Multi-Family DU $976 $1,093 12% $117 Commercial Acre $4,245 $4,754 12% $509 $85 o ' ~ i ",' w, "" ' , ' Use Current Fee Proposed Fee ' % Adjustment Actual Fee Increase Single Family DU $804 $809 7% $5 Multi-Family DU $1,190 $1,198 7% $8 Commercial Acre $10,356 $10,423 7% $67 Industrial Acre $1,070 $1,077 7% $7 ~"': ~~"WJ!I \ 0' "!i , , tì!. ~NiM , ,~)ii~!'!~, '·;9)\, \ " ",.;,..1> '" Use Current Fee Proposed Fee % Adjustment Actual Fee Increase Single Family DU $706 $717 7% $11 Multi-Family DU $472 $479 7% $7 Commercial Acre $3,266 $3,318 7% $52 I ~~us~al Acre $1,361 $1,383 7% $22 Use Current Fee Proposed Fee % Adjustment Actual Fee Increase Single Family DU $753 $843 12% $90 Multi-Family DU $719 $805 12% $86 Commercial Acre N/A N/A 12% N/A ltuRl A¡e N/A N/A 12% N/A Use Current Fee ProtJosed Fee % Adjustment Actual Fee Increase Single Familv DU $450 $504 12% $54 Multi-Familv DU $448 $502 12% $54 Commercial Acre $2,245 $2,514 12% $269 Industrial Acre $597 $669 12% $72 ~#1;" '" Te~' 'k"""h, Use Current Fee ProtJosed Fee % Adjustment Actual Fee Increase Single Family DU , $9 $10 7% $1 Multi-Family DU $8 $9 7% $1 Commercial Acre $36 $39 7% $3 ~;¡it~__.i $6 $6 7% $0 Use Current Fee ProtJosed Fee % Adjustment Actual Fee Increase Single Family úU $6 $6 7% $0 Multi-Family DU $6 $6 7% $0 Commercial Acre $25 $27 7% $2 Industrial Acre $4 $4 I 7% $0 13-3 Page 4, Item /3 Meeting Date 6/7/05 Use Current Fee osed Fee % Ad'ustment Actual Fee Increase Sin Ie Family DU $5 $5 7% $0 Multi-Family DU $5 $5 7% $0 Commercial Acre $20 $21 7% $1 Industrial Acre $3 $3 7% $0 Use Current Fee Pro osed Fee % Adjustment Actual Fee Increase Sin Ie Family DU $8 $9 7% $1 Multi-Family DU $7 $7 7% $0 Commercial Acre $30 $32 7% $2 Industrial Acre $5 $5 7% $0 Use Current Fee Pro osed Fee % Ad'ustment Actual Fee Increase Sin Ie Family DU $139 $149 7% $10 Multi-Family DU $124 $133 7% $9 Commercial Acre $541 $579 7% $38 Industrial Acre $91 $97 7% $6 Use Current Fee Pro osed Fee % Ad'ustment Actual Fee Increase Sin Ie Family DU $1,079 $1,208 12% $129 Multi-Family DU $771 $864 12% $93 Commercial Acre N/A N/A 12% N/A Industrial Acre N/A N/A 12% N/A AnDual Fee AdjustmeDt In order to maintain this alignment of fees to be paid with building construction and equipment purchase costs through buildout, staff proposes an amendment to Municipal Code Chapter 3.50.090 "Amount of Fee" (Attachment 3), that will automatically adjust the fee annually, using the Engineering News Record (ENR)'s Building Cost Index for Los Angeles and the Consumer Price Index for the components as discussed above. The annual average changes in labor and materials costs as computed by this index reflect industry standards, and are appropriate for the calculation of the annual PFDIF adjustment. The proposed automatic annual update of the PFDIF fee is identical to the methodology applied to other development related fees within the City. This mechanism will ensure the collection of sufficient funds to maintain current services levels, while minimizing the expense to the City associated with the preparation of a Master Fee Schedule update. In addition, the proposed automatic annual adjustment will ensure that the PFDIF will continue in the future to be based upon the estimated reasonable costs of the public facilities financed by the fee. Staff further proposes that the ordinance continue to provide for periodic comprehensive updates, as required to, among other things, reflect changing development scenarios, changes in needed public facilities, extraordinary changes in building construction or material costs or other unanticipated changes. 13-4 Page 5, Item 13 Meeting Date 6/7/05 All other aspects of the management of the fee remain unchanged as per Section 3.50 of the Municipal Code. Developer Discussions The proposed fee change was sent via US Mail on Monday, May 2, 2005 to the affected developers in the City and Building Industry Association (see Attachment 4). Those entities were asked to provide comments back to City staff by Tuesday, May 17, 2005. The Builders Association raised an issue with respect to only applying the CPI increase to the non-building portion of the police facility component. Staff agrees with this comment and has adjusted the fee update to incorporate this change in both the police and corporation yard component. FISCAL IMPACT: The following table summarizes the amount of fees to be paid by each land use: Use CWTent Fee Proposed Fee % Adiustment Actual Fee Increase Sin"le Familv DU $5,048 $5,480 8.6% $432 Multi-Familv DU $4,726 $5,101 7.9% $375 Commercial Acre $20,764 $21,707 4.5% $943 Industrial Acre $3,848 $4,040 5.0% $192 Assuming 2,000 single family dwelling units are subject to imposition of the PFDIF over the course of the next year, this update will result in the collection of $10,960,000 in fees, a net increase of $864,000 over the $10,096,000 collectible under the existing structure. Revenues ftom the PFDIF increase will provide the funds necessary to construct the planned public facilities throughout the City and continue allow the City to purchase and upgrade new and existing equipment to service these facilities, City staff and the public. Attachments: 1. ENR Building Cost Index (Los Angeles Index) 2. Consumer Price Index (San Diego Metropolitan Statistical Area) 3. Proposed amendment to Municipal Code Chapter 3.50.050 4. List of Recipients of Mailed Notices M:IGeneral ServiceslGS AdministrationlCouncil AgendaIPFDIF Update - Cost Indexes - May 2005IPFDIF Update May 2005 A1l3 jg revised 5iO.doc 13-5 Welcome to the ENR site Page I of2 ATTACHMENT 1 McGrawJliI1 E·· ·N .R· .. tONSTRUCßDß cost index - Los Angeles The building and construction cost indexes for ENR's individual cities use the same components and weighting as those for the 20-city nationai indexes. The city indexes use local prices for portland cement and 2 X 4 lumber and the national average price for structural steel. The city's BCI uses local union wages, plus fringes, for carpenters, bricklayers and iron workers. The city's CCI uses the same union wages for laborers. .---.-.-.'"---'-.-.- ----- ----- ENR Cost Indexes in 20 cities, 1978-2005 LOS ANGELES % 1913=100 BCI %Chg. CCI Chg. 1978 Dec. 1969.77 +8.9 3421.25 +8.2 1979 Dec. 2065.79 +4.9 3638.81 +6.4 1980 Dec. 2272.26 +10.0 4102.37 +12.7 1981 Dec. 2405.22 +5.9 4530.96 +10.4 1982 Dec. 2540.67 +5.6 4934.14 +8.9 1983 Dec. 2586.58 +1.8 5063.89 +2.6 1984 Dee, 2726.44 +5.4 5259.93 +3.9 1985 Dec. 2664.58 -2.3 5446.69 +3.6 1986 Dec. 2762.63 +3.7 5452.20 +0.1 1987 Dec. 2816.48 +1.9 5474.14 +0.4 1988 Dec. 2851.67 +1.2 5770.84 +5.4 1989 Dec. -:- 2855.26 +0.1 5789.77 +0.3 1990 Dec. 3020.51 +5.8 5994.55 +3.5 1991 Dec. 3097.83 +2.6 6090.12 +1.6 1992 Dec. 3198.66 +3.3 6348.55 +4.2 1993 Dec. 3334.43 +4.2 6477.84 +2.0 1994 Dec. 3420.42 +2.6 6532.95 +0.9 1995 Dec. 3427.26 +0.2 6526.22 -0.1 1996 Dec. 3426.70 . 0.0 6558.44 +0.5 1997 Dec. 3560.53 +3.9 5663.55 +1.6 1998 Dec. 3617.00 +1.6 6851.95 +2.8 1999 Dec. 3591.01 -0.7 6825.97 -0.4 2000 Dee 3680.26 +2.5 7068.04 +3.6 2001 Dec. 3694.24 +0.4 7226.92 +2.3 2002 Dec. 3787.76 +2.5 7402.75 +2.4 2003 Dec. 3847.30 +1.6 7531.77 +1.7 2004 Jan. 3844.80 +1.6 7529.27 +1.7 Feb. 3896.40 +2.9 7690.52 +1.7 March 3940.65 . +1.4 7734.77 +2.2 April 3981.65 +2.8 7775.77 +2.9 May 4009.40 +3.4 7803.52 +3.2 13-6 Welcome to the E1'-Œ, site Page 2 of2 June 4049.73 +5.0 7843.85 +4.0 July 4051.73 +5.0 7845.85 +4.0 Aug. 4062.98 +5.3 7857.10 +4.2 Sept. 4131.30 +7.0 8168.24 +8.3 Oct 4132.05 +7.1 8168.99 +8.3 Nov. 4146.80 +7.6 8183.74 +8.6 Dec. 4155.20 +8.0 8192.14 +8.8 2005 Jan. 4156.27 +8.1 8193.21 +8.8 Feb. 4202.50 +7.9 8235.71 +7.1 March 4200.50 +6.6 8233.71 +6.5 April 4233.42 +6.3 8266.63 +6.3 Construction Economics»--------·-·--- -.- 20-Citv Indexes » Cost Index FAQs » Cost Report Issues » C~t !;s!imatQr » --..----, .------.------.- Copyright © 2005 The McGraw·HiII Companies - All Rights Reserved. 13-7 Public Data Query Page 1 of 1 Attachment 2 U.S. Department of Labor Bureau of Labor Statistics Bureau of Labor Statistics Data www.bls.govlj Search I A-Z Index BLS Home I Programs 8< Surveys I Get Detailed Statistics I Glossary I What's New I Find It! In DOL Change Output Options: Froml19~ TO~OO~.I æ o include graphs NEW! Data extracted on: April 26, 2005 (11:24:05 AM) More Formattinq Octions.... Consumer Price Index - All Urban Consumers Series Id: CUURA424SAO,CUUSA424SAO Not Seasonally Adjusted Area: San Diego, CA Item: All items Base period: 1982-84=100 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 1994 154.5 154.3 154.6 1995 156.8 156.3 157.3 1996 160,9 159.8 161.9 1997 163,7 163.7 163.7 1998 166.9 166.0 167,8 1999 172,8 171.7 173,9 2000 182.8 179.8 185.8 2001 191.2 190.1 192.4 2002 197.9 195.7 200.0 2003 205.3 203.8 206.7 2004 212.8 211.4 214.3 Freauently Asked Ouestions I Freedom of Information Act I Customer Survey Privacy & Security Statement I Linkina to Our Site I Accessibility u.s. Bureau of Labor Statistics Phone: (202) 691-5200 Postal Square Building Fax-an-demand: (202) 691-6325 2 Massachusetts Ave., NE Data questions: blsdata staff@bls.Qov Washington, DC 20212-0001 Technical (web) questions: webmaster@bls.aov Other comments: feedback@bls.Qov 13-8 ORDINANCE NO. DRAFT ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.50 OF THE MUNICIPAL CODE RELATING TO THE REVIEW AND ADJUSTMENT OF PUBLIC FACILITIES DEVELOPMENT IMPACT FEES TO PAY FOR PUBLIC FACILITIES AND EQUIPMENT PURCHASES AND UPGRADES WHEREAS, in 2002 the City previously adopted Ordinance No. 2887, pertaining to the periodic review and amendment of the Public Facilities Development Impact Fee (PFDIF); and WHEREAS, the PFDIF fee must be adjusted regularly in order to maintain fee alignment with the most current building facilities construction costs for labor and materials and typical price increases for equipment purchases and up grades; and WHEREAS, the annual average changes in labor and materials costs as computed by the Engineering News Record (ENR) Construction Cost Index, (Los Angeles Index) reflect industry standards and are appropriate for the calculation of the annual PFDIF adjustment with respect to those components that are utilized for the construction of public facilities; and WHEREAS, the annual average changes typical consumer prices as computed by the U.S Department of Labor, Bureau of Labor Statistics (San Diego Metropolitan Statistical Area) reflect typical price increases for consumer goods and are appropriate for the calculation of the annual PFDIF adjustment with respect to those components that are utilized for the purchase of new or upgraded equipment and those components for which no additional building construction is contemplated at this time; and WHEREAS, providing for an automatic annual adjustment in Municipal Code Section 3.50.090 "Establishment of Fee" will ensure that the PFDIF adjustment occurs annually; NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That Section 3.50.090 of the Municipal Code be amended to read as follows: "3.50.090 Amount of fee A. The fee shall be the amounts set forth in subsections (B) and (C) of this section. The city council may adjast tho aDl0am of this fee as necessary to reflect changes in the costs of thc facilities as may bc rcflected by sueh index as tho eo_oil deems appropriate, sHch as the ERgineering News Record ConstrHction Index, or such other basis; The fee shall be adiusted, starting on October 1. 2005, and on each October 1 st thereafter, based on the following two indexes; 13-9 DRAFT For the Civic Center Expansion, Libraries, Fire Suppression and Maior Recreation Facilities, the Engineering New Record, Building Construction Cost Index for the Los Angeles area. For the Police, Corooration Yard, Geographic Infomlation Systems, Computer Systems, Telecommunications Svstems, Records Management and Administration components the U.S Department of Labor, Bureau of Labor Statistics (San Diego Metropolitan Statistical Area). Adiustments of the fee for these components shall be automatic and shall not require further action by the city council. The PFDIF mav also be reviewed and amended by the city council as necessary based on changes in the type, size, location or cost of the facilities to be financed by the fee; changes in land use designation in the city's general plan; and upon other sound engineering, fmancing and planning information. Adjustments to the fee resulting from these discretionary reviews may be made by resolution amending this section. B. The fee shall have portions which are, according to the engineer report, allocated to a specific facility ("fee components"), which correspond to the costs of the various facilities, plus the administration cost for the fee, which is a percentage of the fee components' cost. C. The fee shall be the following, depending on the land use: LaDd Use Fee Residential- Single-family dwellings Residential- Multi-family dwellings Commercial/Office Industrial Special Land Use Olympic Training Center Public Purpose Nonprofit community purpose facility Special purpose project $5,018/DU $1,726/DU $20,761/acre $3,818/ae'fG $20,761/acre $3,818/aero Exempt Exempt $10,382/aere $5A801DU $5,101IDU $21, 707 /acre $4,040/acre $21, 707 /acre $4,040/acre $10,853/acre (Ord. 2887 § 1,2002) 13-10 DRAFT SECTION II: This ordinance shall take effect and be in full force thirty (30) days after its second reading and adoption. Presented by Approved as to form by Jack Griffin Director of General Services Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this day of ,2004, by the following vote: AYES: Councihnembers: NAYS: Councilmembers: ABSENT: Councilmembers: Stephen C. Padilla, Mayor ATTEST: Susan Bigelow, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 13-11 Attachment No.4 MAILING LIST FOR PFDIF 5/2/05 FirstN ame LastName Company Address! City State PostalCode Jerry Livingston BIA 6336 Greenwich Dr., Suite San Diego CA 92122-5922 A Frank Zaidle McMillin P.O. Box 85104 San Diego CA 92180-5104 Companies New Millenium 4203 Pilon Point San Diego CA 92130 Kent Aden Otay Ranch 610 W. Ash Street, Suite San Diego CA 92101 Company 1500 Schaffer P.O. Box 3269 San Diego CA 92067-3269 Development Standard Pacific 5750 Fleet Street, Suite Carlsbad CA 92008 Homes 200 Bill Ostrem The Eastlake 900 Lane Avenue, Suite Chula CA 91914 Company 100 Vista Stephen Hester Trimark Pacific 85 Argonaut, Suite 205 Aliso CA 92656 Homes. L.P. Vieio 13-12 DRAFT ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.50 OF THE MUNICIPAL CODE RELATING TO THE REVIEW AND ADJUSTMENT OF PUBLIC FACILITIES DEVELOPMENT IMP ACT FEES TO PAY FOR PUBLIC FACILITIES M'D EQUIPMENT PURCHASES AND UPGRADES WHEREAS, in 2002, the City Council adopted Ordinance No. 2887, pertaining to the periodic review and amendment of the Public Facilities Development Impact Fee (PFDIF); and WHEREAS, the PFDIF fee must be adjusted regularly in order to maintain fee alignment with the most current building facilities construction costs for labor and materials and typical price increases for equipment purchases and upgrades; and WHEREAS, the annual average changes in labor and materials costs as computed by the Engineering News Record (ENR) Construction Cost Index, (Los Angeles Index) reflect industry standards and are appropriate for the calculation of the annLlal PFDIF adj usiment with respect tu those components that are utilized for the construction of public facilities; and WHEREAS, the annual average changes typical consumer prices as computed by the U.S Department of Labor, Bureau of Labor Statistics (San Diego Metropolitan Statistical Area) .î.'.:.fll3ct typical price increases for consumer goods and are appropriate for the calculatiali of t~~ annual PFDIF adjustment with respect to those components that are utilized for the purchase of new or upgraded equipment and those components for which no additional building construction is contemplated at this time; and WHEREAS, adjustments to the PFDIF based upon changes in labor and material costs and changes to the consumer price index will ensure that fees paid by new development for public facilities are based upon the estimated reasonable costs of the facilities required to serve such development; and WHEREAS, providing for an automatic annual adjustment in Municipal Code Section 3.50.090 "Establishment of Fee" will ensure that the PFDIF adjustment occurs annually; NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That Section 3.50.090 of the Municipal Code be amended to read as follows: "3.50.090 Amount of fee A. The fee shall be the amounts set forth in subsections (B) and (C) of this section. The fee shall be adjusted, starting on October 1, 2005, and on each October 1st t.'1creaftcr, based on the following two indexes; 13-13 DRAFT For the Civic Center Expansion, Libraries, Fire Suppression and Major Recreation Facilities, the Engineering New Record, Building Construction Cost Index for the Los Angeles area. For the Police, Corporation Yard, Geographic Information Systems, Computer Systems, Telecommunications Systems, Records Management and Administration components the U.S Department of Labor, Bureau of Labor Statistics (San Diego Metropolitan Statistical Area). Adjustments of the fee based upon annual changes to these two indexes shall be automatic and shall not require further action by the City Council. The PFDIF may also be reviewed and amended by the City Council as necessary based on changes in the type, size, location or cost of the facilities to be tinanced by the tee; changes in land use designation in the city's general plan; and upon other sound engineering, financing and planning information. Adjustments to the fðe resulting from these discretionary reviews may be made by resolution amending this section. B. The fee shall have portions which are, according to the engineer report, allocated to a specific facility ("fee components"), which correspond to the costs of the various facilities, plus the administration cost for the fee, which is a percentage of the fee components' cost. C. The fee shall be the following, depending on the land use: LaDd Use Fee Residential- Single-family dwellings Residential- Multi-family dwellings CommerciaVOffice Industrial Special Land Use Olympic Training Center Public Purpose Nonprofit community purpose facility Special purpose proj ect $6,465/DU $5,202/DU $22,744/acre $4, I 81/acre $22,744/acre $4,181/acre Exempt Exempt $11,372/acre (Ord. 2887 § 1,2002) SECTION II: This ordinance shall take effect and be in full force sixty (60) days after its second reading and adoption. Presented by Approved as to form by , Jack Griffin Director of General Services Ann City l~ PIYLR 13-14 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO ADJUST THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) FOR PUBLIC FACILITY IMPROVEMENTS AND EQUIPMENT PURCHASES AND UPGRADES WHEREAS, in November of2002, the City Council approved an update to the City's Public Facility Development Impact Fee (PFDIF); and WHEREAS, Chapter 3.50 of the Municipal Code of the City of Chula Vista provides that the City Council may amend the PFDIF from time to time to address normal inflation of costs and utilize recognized cost indexes; and WHEREAS, since November of 2002, according to the Engineering News Record's Building Cost Index (Los Angeles Index), the cost of constructing new buildings has increased 12% and the cost of consumer products has increased 7% as per the U.S. Department ut Labur', Consumer Price Index for the San Diego Metropolitan region; and WHEREAS, the PFDIF contains components that relate to both building construction and purchase of consumer goods and these inflation rates have been utilized to calculate the amended fee for each component; NOW, THERFORE BE IT RESOLVED, that the City Council of the City Chula Vista does amend the Master Fee Schedule to adjust the Public Facilities Development Impact Fee through the application of the inflation factors as found in the Engineering News Record - Building Cost Index (Los Angeles Index) and the U.S. Department of Labor's Consumer Price Index for the San Dirgo Metropolitan area as follows: Use Current Fee ProtJosed Fee % Adiustment Actual Fee Increase Single Fan1i1v DU $5,048 $5,480 8.6% $432 Multi-Familv DU $4,726 $5,101 7.9% $375 Commercial Acre $20,764 $21,707 4.5% $943 Industrial Acre $3,848 $4,040 5.0% $192 Presented by Approved as to form by ./]~ ~ Moore ity Attorney Jack Griffin Director of General Services 13-15 Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 CllY OF 619.691.5044 - 619.476.5379 Fax CHUlA VISTA MEMO Monday, May 23, 2005 TO: Lorraine Bennett, Deputy City Clerk FROM: Natalie D. Flores, Executive Secretary RE: Appointment to the Board of Ethics Mayor Stephen Padilla would like to recommend the following commurùty member to fill a vacancy on the Board of Ethics: Felicia Starr Please place this on the June 7, 2005 Council agenda for ratification. ./¡£~ti;d;7$U// atalie D. Flores Executive Secretary sµ,Ä s - /lJ-r. c#71 ~>/¿J'1loS' - (b~ ~ s; let/r "q6cf /7pf o:,.r~I1,f-7 CA,¿þ I'/'.Y)q ,ó/c;A- f. ScrrviZ o~1 /5//-/ ~ {ft.. =~~ ~- -- - - ~- - Mayor and City Coúncil City Of Chula Vista 276 Fourth Avenue Chula Vista. Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO CllY OF CHUIA VISTA Thursday, June 02, 2005 TO: Lorraine Bennett, Deputy City Clerk FROM: Natalie D. Flores, Executive Secretary RE: Appointment to Child Care Commission Mayor Stephen Padilla would like to recommend the following community member to fill a vacancy on the Child Care Commission: Tracey Abston Please place this on the June 7, 2005 Council agenda for ratification. ,~fd~~/ Executive Secretary /J ehc.s r¡e,l C'tI,..~a:njh¡ ~ca.-(/t: ~p~~ ~ ß(.s"ctlL'v¿;wc>r f/Ù;S ,i/C/Cf'l '011101 /. 9' CJ¡u./~ 'I Y/'Jfq re.r/C/ItA.J- . "'/IJ",/Otõ' - 0 t:.. öÞ-^-",e...::.t\. r ...--- - ..a-. '-_ 1"\., ~I¡- c.- æ.0:6~r-. 6\loH~ð _~ c.~ o('f'\S. , ' .0\0 ..J ~~'r.~ c....:,,,Ç-hc.k<,. c..:::. olu.. l~ eo\"/'., '\ ~ c..\. cJ.....U..ó Cct..IÅ ~ro"¡ \ ÒJU\... /6ß-{ ~ ~ft.- ~ ~~ ~ ~ CllY OF CHUIA VlSfA OFFICE OF THE CITY ATTORNEY MEMORANDUM To: Mayor and Council Via: 6-. "f'" Ann Y. Moore, City Attorney þ' Elizabeth Wagner Hull, Assistant City Attorney ~ From: Date: June 7, 2005 Re: Modifications to the Bylaws of the Chula Vista Redevelopment Corporation Attached please find the highlighted provisions of the bylaws for the Chula Vista Redevelopment Corporation reflecting the revisions directed by Council at the May 24, 2005 City Council meeting. Specifically, the Council directed the modifications to reflect that the bylaws may be amended by a majority vote of the board, with a majority of the city directors and the insertion language limiting independent directors to two terms. The language used for the term limit provision is based upon similar provisions for board and commission members set out in the City Charter. If you have additional questions please feel tree to contact me at 691-5037. 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5037' (619) 409-5823 @ Post-ConsumerRecycledPaper Council of the City ofChula Vista ("Citv-Directors"). The City-Directors shall serve as the initial board of directors until such time that the Chula Vista City Council designates and appoints one or more Independent Directors pursuant to Section 3 of this Article VII. The number of directors may be increased by resolution of the board of directors and subject to the approval by the City Council ofthe City of Chula Vista. Section 3. Desil!nation and Term of Office of Independent Directors. (a) All directors other than the City-Directors ("Independent Directors") shall be designated and appointed by the City Council of the City of Chula Vista. Unless removed by the Chula Vista City Council pursuant to Section 3(f) of this Article VII, each Independent Director shall hold office until a successor has been appointed and qualified. (b) criteria: The Independent Directors shall be designated based on the following (i) One Independent Director shall be a member of the public with expertise and experience in the field of either architecture or environmental plarming; (ii) One Independent Director shall be a member of the public with expertise and experience in the field of either real estate development or business; (iii) One Independent Director shall be a community leader and/or a member of the public with expertise and experience in the fields of either finance or education; (iv) One Independent Director shall be a member of the public with expertise and experience in the field of civil engineering, urban planning and/or design, or science. (c) The City Council of the City of Chula Vista shall initially designate Independent Directors identified above in (b )(i) and (b )(ii) to serve an initial nominal four-year term, and Independent Directors identified above in (b)(iii) and (b)(iv) to serve an initial nominal two-year term, terminating on June 30th of the fourth and second year, respectively. After the completion of the initial terms of office, each Independent Director's term of office shall be four years. (d) After the completion of the initial term of office, each Independent Director may be re-appointed by the City Council of the City of Chula Vista. The Independent Directors shall be limited to a maximum of two (2) consecutive terms and an inierval of two (2) years must pass before a person who has served two (2) consecutive terms may be reappointed; provided, further, that for the purpose. of this section an appointment to fill an initial term or an unexpired term of less than two (2) years in duration shall not be considered as a term; however, any appointment to fill an initial term or an unexpired term in excess of two (2) yeas shall be considered to be a full term. 131/023920-0001 582997.02 a04/2G/05 -4- Section 3. Redevelooment Al!encv Priorities and Budl!et. Prior to the commencement of each fiscal year of the Redevelopment Agency, the board of directors shall make recommendations to the Redevelopment Agency of the City of Chula Vista for its strategic priorities, budget, and work plan. Section 4. Investment Policv; Monev Manal!er. The board of directors shall adopt and armually review and, if necessary, amend an investment policy for the corporation. Neither the investment policy nor any amendment thereof shall be deemed adopted by the board of directors unless a majority of the City-Directors approve such investment policy or amendment. Section 5. Checks. Drafts. Evidence of Indebtedness. All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness, issued in the name of or payable to this corporation, shall be signed or endorsed by such person or persons and in such marmer as trom time to time shall be determined by resolution of the board of directors. Such resolution shall require the approval of the board of directors, including a majority of the City- Directors. Section 6. Corporate Contracts and Instruments. The board of directors, including a majority of the City Directors, and except as otherwise provided in these Bylaws, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of this corporation, and this authority may be general or confined to specific instances; and, unless so authorized or ratified by the board of directors or within the agency power of an officer, no officer, agent or employee shall have any power or authority to bind this corporation by any contract or engagement or to pledge its credit or to render it liable for any purpose or for any amount. Section 7. Construction and Definitions. Unless the context requires otherwise, the general provisions, rules of construction, and definitions in the California Nonprofit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality ofthe above, the masculine gender includes the feminine and neuter, the singular number includes the plural, the plural number includes the singular, and the term "person" includes both a legal entity and a natural person. Section 8. Compliance With Public Records Act. The Corporation shall comply with and be subject to the provisions of the California Public Records Act, California Government Code Section 6250 et. seq. The Corporation shall be deemed a "Local Agencv" as that term is used in the California Public Records Act, and as such, shall be subject to all obligations and exemptions under the California Public Records Act. ARTICLE XIII AMENDMENTS New Bylaws may be adopted or these Bylaws may be amended or repealed by a majority vote of the board of directors, including a majority of the City Directors. 131/023920-0001 582997.02 a04/l0/0S -12- ~UlJ!t'¡;¡_~~.œ¡:p~~~!!!,t¡¡l+",,,,,,,,,,,,,+._..+,++. .h-",+,__W'-"""A+-'_ .. ·w_ . . .--w_wÄ+". File Edit View Favorites Tools Help CBack. e ~ ~ ~ jJSearch "£.?FaVorites e ø· ~ ~. D·S A~~_r.~_~~._íi1 http': II~~;:~-h~ì~~staca.gov;----~- -----~---_._.._-.~---,-_._,--"'~----------------------~._.-- "111111l1li1...111_ ..... II"".. #I é) -Inteñm Station opened on January 1, 2005 -Service Clverage areas includes EaSllake Wlods, EaSllake ViSlas, Easllake Greens, and EaSllake Trails -Station hluses 1 englne,lncludlng 3 Captains. 3 Engineers and 3 Firefighters CI.strUCUII Clsts $4.8 M I _I #8 .~'."':~.. ,; son' . - J ~\ Service elVerl.e Irels Ilclldes Elstllke WOlds, Elslllke VlstlS, EISIlIke Greels, lod Elstllkl TrIlls ~:.: ~~~~OOnnM:;::~::~&S~=::nCed .> Fire Slation Masler Plan ·$98,802 ·Emergency Services Consulling, Inc. ·Esllmaled Completion Fall 2005 ALS & Transpon Sludy ·$105,800 ·Filch & Associales,lnc. ·Estimaled Complelion June 30, 2005 2 Second Fire Battalion . -Janua", 2006 -3 BC's . $291.000 fiscal year 2006 costs Coverage Areas include Stations #4, 6,1 and B 3 Chula Vista Police · Department E et +-/ ""~-::;; .~ ¿:::::::::.'____----··;7 Strong and Safe Neighborhoods Citizen Survey · Annual survey of residents · Conducted by SANDAG · Asks residents opinion of Police DepartmenU programs · Only City in San Diego County performing this type of survey · Used in conjunction with the Strategic Plan · New survey currently in the mail I Maintaining Sworn Officer Stren th Police Department Sworn Staffing 2002 - 2005 235 .. 220 " " ,., 0 205 ã. E w 190 175 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ),><:' 'r'~ )~ 0(;' ),>'" 'r'<t )~ cf''' ),>'" 'r'~ )~ cf''' ),><:' 'r'~ I-AUthOrized -Actual Actual On-Duty I Maintaining Sworn Officer Strength . The department has been concentrating on filling vacant patrol officer positions Academy/Grad Date Number of Recruits January 2005/ July 2005 10 April 2005 I October 2005 3 May/June 2005 laterals 3 July 2005 I January 2006· 10 October 2005 I March 2006· 10 TOTAL 36 . Recruit lag time (Academy / FTO) approximately 1 year from hire * Anticipated number of recruits 2 Maintaining Sworn Officer Strength · Strategic Plan · 5 year plan · Presented in July/August to Council · Patrol Staffing Model + additional needed resources · Grant funds to offset cost of 15 officers .. Over Hire Program - 5/10 additional officers over budgeted strength Alcohol Ordinance · Alcohol ban is enforced at Marina/Bay Side parks only · Ordinance to amend Municipal Code 2.66.043 · Signage in Memorial, Friendship, Lauderbach and Eucalyptus Parks · Restrict consumption of alcohol by permit only · Enhances departments ability to address crime and disorder in parks 3 Chula Vista Parks 0 Chula Vista Community Park 0 Lorna Verde Park 0 Discovery Park 0 Los Ninos Park 0 Eucalyptus Park 0 MacKenzie Creek Park 0 Greg Rogers Park 0 Marisol Park 0 Marina View/J Street MarinaIBayside 0 Memorial Park Park 0 Norman Park 0 Rohr Park 0 Orange Ave Fields . Bay Boulevard Park . Otay Park 0 Bonita Long Canyon Park 0 Palomar Park 0 Breezewood Park 0 Paseo Del Rey Park 0 Connoley Park 0 Rancho Del Rey Park 0 Cottonwood Park 0 Rienstra Ballfields 0 Explorer Park 0 Santa Cora Park 0 Friendship Park 0 S.D.G.& E. Park 0 Gayle L McCandliss Park 0 Sherwood Park 0 Harvest Park . Sunbow Park 0 Heritage Park 0 Sunrldge Park 0 Hilltop Park 0 Terra Nova Park 0 Holiday Estates I 0 Tiffany Park 0 Holiday Estates II 0 Valle Lindo Park 0 Independence Park 0 Voyager Park 0 lancerlot 0 Sunset View Park 0 lauderbach Park Pam highlighted in Yellow are proposed for alcoltol ban Motel Ordinance e2,016 calls for service (to 26 properties) -1 Homicide -1 Attempted Homicide -13 Robberies -3 Rapes -10 Aggravated Assaults e30 violent crimes e180 arrests (81 for drugs) Calendar year 2004 data 4 Motel Ordinance · Goal: 1) to significantly reduce the number of calls-for-service to motels; 2) Improve quality of life in surrounding area · Currently under review by City Attorney's Office · City continues to work with motels to reduce their call-for-service volume Chula Vista Police · Department E_ et ~~;::;:;7~ """;~___.:'-;~"- Questions? 5 School Safety Programs )"",/;';,,"'ii< :--::'1;"" "1'" T olal Cost City of Chula Vista $1,277,000 $ 628,000 Chula Vista Elementary School District $ 649,000 Sweetwater Union High School District $ $ 722,000 $ 122,000 $ 600,000 $ $ 179,000 $ 89,500 $ $ 89,500 $2,626,000 $1,457,000 $ 404,000 $ 765,000 $4,804,000 $2,296,500 $1,653,000 $854,500 1 STRETCH and DASH Library Department 2 DASH à Dy....i. >1!'4,~ -!R:!((~ """";;",,,,; '"'''''"'''';''1 PEj!jj::¡j!!G;i!¡' Currently conducted at 24 school sites: ;';P;;(;U; ';,;;:¡;,,;/;.,.... · Allen · Arroyo Vista · Casillas · Chula Vista Hills · Clear View · Cook · Discovery · EastLake · Greg Rogers · Halecrest · Hedenkamp · Heritage · Hilltop · Kellogg · Liberty · McMillin · Marshall · Olympic View · Palomar · Parkview · Rosebank · Salt Creek · Tiffany · Valle Lindo 3 What Parents Are Saying '«':i:;-i;«/ii">''''C'';'; They love us BUT: · They want longer hours · They want homework centers · They want more slot ~,..'~ DASH Enhancements :..,.....".~~ """;"""';';'::;+1'1''''>'<;;'' . DASH Plus - will continue in fiscal years 2006 and 2007 · Cook, Hilltop, Palomar, Valle Lindo · Extended hours (until 6 p.m.); 60 kids · Homework, Literacy, Arts Enrichment . Additional DASH sites: · Veteran's Elementary in fiscal year 2006 · A new elementary school in Winding Walk in fiscal year 2007 4 STRETCH "0;11"",,,,,,:>+,,-,, Currently conducted at 7 schools: · Harborside · Lauderbach · Lorna Verde . Montgomery . Mueller · Otay · Rice 5 STRETCH Enhancements "";;"';;;""''''''';'''''''''' , "','"'''''''' · Increased capacity at the following sites: · Lauderbach - 100 kids · Montgomery - 100 kids · Harborside expanding from 80 to 100 students The Heart of the Neighborhood f< Recreation Department Middle School Program "We enrich our community through recreational opportunities and services" 6 · Provide students with safe After School Programs. · Help students create a positive bond with their school and community. · Provide students with a variety of fun and exciting programs. - . - . - ~- ~Z;¿;;¡3g:WfÄÞiii ""~-~ -~, =.;:~: ":6..:- _ ~,~ :#-'-£4 ~~l = _'~,,"; 1, Activities ;¡;¡;¡¡::;;¡¡¡¡:;¡;;"":"iiiiiii"'i . "^ ^^ ^ .H'" , ;'-i";", ;;"",,,,,,';;,',/,,"::' · Homework Club · Arts & Crafts · Special Events · Sports · Fitness Program 7 Annual Attendance ':;;>m¡;i:¡:';:;¡ :tL!>ii';~:F' ">",,;;;,!iò>'ii'''',n' i:' ' 120,000 100,000 80,000 60,000 40,000 20,000 o 1997-98 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 21J04.05 · A safe haven for our youth · A positive atmosphere where learning, teamwork, fitness, and fun are emphasized and encouraged 8 Slide 1 ": Neighborhood Traffic Safety Slide 2 , Law Enforcement Federal Government :T Health Care I " Professionals Safety Education Engineering Enforcement Traffic Engineers Citizen Groups -~ ~JI Traffic Insurance Companies ¿".... ..... .. Local and Stat Government I Slide 3 Who Is Responsible For TraffIc Safety? '- · Traffic Engineer? · State I Local Police Officer? · Insurance Compani · City? · State I Federal DOT? · Schools? · Road Users? · Neighborhoods? · Local Media? · Health care professionals? · Citizens Groups? · Outreach and Education Groups? All Of US! . SIide4 !! Neighborhood Traffic ~"fety Education · Outreach · Schools · Neighborhoods -- 2 Slide 5 r' Eijucation . '" · Children as pedestrians and passengers. · Neighborhoods experie 'ng speed issues. · The Community at large. · Young drivers (high school Slide 6 Erlgineering *- '" · Balance Safety and Mobility needs .lmprovl3coordinatio ith Schools · Implement Traffic cal tools · Develop Safe Route to 001 Plan · Update Standards · Actively manage accident data 3 Slide 7 Enforcement · Pro-Active · Maximize allocation · Targeted Enforcemen · Improve coordination fo rategic enforcement · Automated enforcement · Pedestrians, Bicyclists and Schools Slide 8 f 4.-10015 .. ... · Neighborhood Tra~ Safety Newsletters · Neighborhood Speed Reduction Program · Neighborhood Speed VVi h Program · Pavement markings & Si · Radar trai/er(s) · Traffic Calming · Targeted training for High School Students · Safe routes to schools · Targeted police enforcement 4 Slide 9 '" End 5 .. ~~a~~ :~;~~~~~~~:~ . Oversight has been shifted to PW OPS. · New Ordinance. · New Mission. · New Goal. · New Design. · New Standard. 1187 Walnut St. .1- ...":' ..' Public Works Operations Graffiti Abatement Program . NEW MISSION: "to deliver, in a timely manner, a comprehensive, cost-effective, . environmentally sound, and technically reliable graffiti removal, education, and prevention program for the residents of the City of Chula Vista". 1 "1. " . Public Works Operations Graffiti Abatement Program . NEW GOAL: "to get permission from residents & businesses to allow City crews to remove graffiti on their property". 702-704 Colorado Ave. 413 Otay Lakes Rd. 1. Public Works Operations Graffiti Abatement Program . NOW DESIGNED: "to take the sting out of being a victim by providing a cost free process for graffiti removal". 2 1- "". " Public Works Operations Graffiti Abatement Program . NEW STANDARD: · Authority to remove graffiti on private property in a more timely manner. · 48 hour limit. . Rapid eradication: · Most effective tool. 2317 Main St. ~ "R'J, Ii Public Works Operations Graffiti Abatement Program . To meet new standard, Council approved: · 2-person graffiti crew; · Sr. PW Specialist (assist with oversight); · Special graffiti truck (to mix and matèh colors). . . Ongoing cost is $176,432 annually. 3 ". ~~a~~ ~~;~~:;':~an~ . Sound walls along I-80S. 1- " " "., " ~ j Public Works Operations Graffiti Abatement Program 1-5 I-80S 4 Community Development Department FY 05/06 Budget Community Development ·!Rr,i9rityprojects a~d ;ð.divities in FY 05/0 ;'j« .:,~:rl¡::::!fi;;¡f;,:;j,:r:-'¡·,:: -,',., ~:.:' '~""':, :~~:~,:')¡;:;J,:;;;' '!,:;:- ,: t-;-,:' ..;'. -Urban Cc¡re Speqfic Plan '>:;;0';\;-:::;:L:'(;,',;';':_"»/:' ! ,"'. -':.:::::C ! :..:.. Bayfront~Master Plan ".,-;., - UniversitYP~rk &Researc ,-" -, ",,: : ~,..' .' , ·......50·1c3.ç~~íâ Vista Redevelopment . .þótþorà.iîon ,··..n.....',,_....._ :',:," ," ::::<>f:¡,t/: '>,.:-.;, ", þ:<";' -;""'_,·".d);; "-,""," .:~:'; ,..,...".....,......,....... , "'"",",,_0'._.', ¡:~:~~'W,¿;.,":q;';:2:j!;:j?51ibJR~~~¡~,~J£1~¡t!;£;~ I Urban Core Specific Plan ¡:,...~----~.... '-.~ ¡II 2 Bayfront Master Plan $263,000 allocated in . FY 05/06 Bayfront Master Plan 3 University Park & Research Center University Park & Research Center 4 SOle3 Chula Vista Redevelopment Corporation Redevelopment Agency Summary Proposed 2006 Proposed 2007 Revenues Expenditures Revenues Expenditures . Bayfront 3,278,330 3,654,706 1,926,330 2,094,704 Town Center I Merged 1,948,974 6,364,656 1,948,974 2,317,558 Project Area Exoenditures: Exoenditures: City Staff Reimbursements ($3.1 million) .City Staff Reimbursements ($3.3 .Gateway Payment/2000 TAB Proceeds million) ($4.2 million) .Supplies and Services ($0.5 million) .Supplies and Services ($0.5 million) -Revenues: Revenues: .Tax Increment Revenues ($2.7 million) Tax Increment Revenues ($2.7 million) 5 Project Area Assessed Values ~ $1,400 = o :: $1,200 ~ $1,000 $800 $600 $400 $200 $0 FY96 FY97 FY98 FY99 FYOO FYOI FY02 FY03 FY04 FY05 I_ Base Valne lIB Incremental A V 1 Tax Increment Revenue Millions $12 $10 $8 $6 $4 $2 $0 FVOI FY02 FY03 FY04 FY05 FY06 FY07 Projected Budget Budget . Low & Moderate II Tax Agreements D Debt Service. Projects/Administation 6 Redevelopment Agency Projected Available Balance 2004.()5 2005.()6 2006.()7 RESOURCES: :. ,~_~gjn~¡~~,A,VCljlableFund Balance $' 10,284,249 . $ 5,748,555 . $ 956.497 Tax Increment (Note 1) 3,049,166. 2,650,245 2,650,245 Other Income 3,604,534 2,577,060 1,225,060 Total Resources $ 16,937,949 $ 10,975,860 $ 4,831,802 LESS OTHER EXPENDITURES Operating Expenditures (Note 2) 9,588.327 9,716,363 4,281.601 Capitallmpro'Æ!ment Projects 1,601,067 303,000 iTotal Other Expenditures $ 11,189,394 $ 10,019,363 $ 4,281,601 ¡Net Remaining Resources $ 5,748,555 $ 956,497 $ 550,201 Note 1: Táxincrel1íent¡snëfo(pass~thrOÙ9hs--aïlddëbfs-er:..-¿ë:m- Note 2: 'InclUdes fünds',re¡ät~ 'to thë'260ÖfA$,$"~sig~~t~~rprojeë't~ 7