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Home My WebLink AboutAgenda Packet 2005/07/12 ~M?- ~ ~~~~ A. d under penalty of perjury fhat I am .T;ployed by the City of Chula Vista in the Otflce of the City Clerk and that I posted this document on the bulletin board according to Brown Ac,t ~'ibirements. It ~ Dated 'l(!. '()S Slgn~ ~f*' . CITY OF CHUlA VISTA Stephen C. Padilla, Mayor Deputy Mayor Patty Davis Councilmember John McCann Councilmember Jerry R. Rindone Councilmember Steve Castaneda David D. Rowlands, Jr., City Manager Ann Moore, City Attorney Susan Bigelow, City Clerk AGENDA July 12, 2005 CALL TO ORDER 6:00 P.M. 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 MARCIA RASKIN, DIRECTOR OF HUMAN RESOURCES, OF THE EMPLOYEE OF THE MONTH, GLADYS RAMOS, SR. FISCAL OFFICE SPECIALIST · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK MARTIN, DIRECTOR OF RECREATION, PROCLAIMING THE MONTH OF JULY AS RECREATION AND PARKS MONTH · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK MARTIN, DIRECTOR OF RECREATION, PROCLAIMING THE WEEK OF JULY 11, 2005 AS NATIONAL THERAPEUTIC RECREATION WEEK CONSENT CALENDAR (Items 1 through 17) 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. Page I - Council Agenda July 12, 2005 1. APPROVAL OF MINUTES ofJune 2, June 7, June 14, June 21, and June 23, 2005. Staffrecomrnendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter of resignation from Juan Diaz, member of the Resource Conservation Commission. Staffrecomrnendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. B. Memorandum from the Office of the Mayor requesting an excused absence from the Regular Meeting of June 21, 2005 and the Adjourned Regular Meeting of June 23,2005. Staffrecomrnendation: Council excuse the absences. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT BETWEEN PACIFIC WASTE SERVICES AND THE CITY OF CHULA VISTA, MOVING THE RATE ADJUSTMENT ANNIVERSARY DATE FOR SMALL QUANTITY GENERATOR RATES FROM JULY 1 TO SEPTEMBER 1 EACH YEAR (SECOND READING) Each year, staff reviews the solid waste rates survey from SANDAG to establish whether or not Pacific Waste qualifies for a small quantity generator rate adjustment. It is difficult to conduct an objective rate review in time for Pacific Waste to meet the franchise agreement rate adjustment anniversary date of July I, as most of the jurisdictions in the County also have a July I anniversary date. Therefore, moving Pacific Waste's rate adjustment anniversary date to September 1 would allow a rate review that is objectively based upon approved rates within the region. This ordinance was introduced June 21, 2005. (Director of General Services) Staffrecomrnendation: Council adopt the ordinance. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH CROSS CURRENT CORPORATION FOR MAINTENANCE AND SUPPORT OF THE COMPUTER AIDED DISPATCH SYSTEM The City installed the Computer Aided Dispatch System in 1998 and has had a maintenance contract for service and support since 1999. The maintenance agreement expires on June 30, 2005. Adoption of the resolution extends the contract until June 30, 2010. (Director of Management and Information Services) Staffrecomrnendation: Council adopt the resolution. Page 2 - Council Agenda July 12, 2005 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE MAIN STREET WIDENING PROJECT IN THE CITY OF CHULA VISTA (PC-1664) On June 28, 2005, the City Engineer received sealed bids for this project. Adoption of the resolution awards the contract to Kirk Paving, Incorporated. The work to be done includes excavation and grading, removal and disposal of existing improvements, construction of concrete and landscaped median, pavement overlay as needed, pavement striping and marking, traffic control, installations and modifications of traffic signals, and protection, restoration of existing improvements, and all labor, material, equipment and transportation necessary for the project. (City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A TWENTY-FOUR FOOT WIDE PRIVATE ACCESS AND UTILITY EASEMENT OVER CITY-OWNED PROPERTY TO MR. EDGAR HERRERA, OWNER OF TWO LAND LOCKED PARCELS LOCATED NORTH OF THE INTERSECTION OF FIRST AVENUE AND D STREET Recently, the City received two building permit applications from Mr. Herrera for single- family residential homes on landlocked parcels located north of the intersection of First Avenue and D Street. Before these building permits can be approved, the owner must obtain legal access to a public street in the form of a private access and utility easement over the adjacent property owned by the City. (City Engineer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF A LANDSCAPE EASEMENT LOCATED WITHIN LOTS 1,2 AND 3 OF MAP NO. 14395 IN THE IN EASTLAKE BUSINESS CENTER Eastlake Business Center II requested to vacate a portion of public right-of-way within the cul-de-sac of properties located at 820, 821 and 841 Harold Place in Eastlake Business Center. This vacation has left a portion of an appurtenant landscape easement not needed for public use. In accordance with the State Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering the vacation, provided certain conditions are met. (City Engineer) Staff recommendation: Council adopt the resolution. 8 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED TO BE INCLUDED IN COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN-OTA Y RANCH-VILLAGE SEVEN) Page 3 - Council Agenda July 12, 2005 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN-OTAY RANCH - VILLAGE SEVEN) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OR CONSTRUCTION OF CERTAIN FACILITIES C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN-OTAY RANCH -VILLAGE SEVEN) D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE NECESSITY OF COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN - OTAY RANCH - VILLAGE SEVEN) TO INCUR A BONDED INDEBTEDNESS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES McMillin Otay Ranch, LLC requested the City to initiate proceedings to form Community Facilities District No. 12-1 for the acquisition or construction of public facilities serving their properties within Village Seven. Adoption of the resolutions initiates the establishment of that Community Facilities District and sets the public hearing to consider the Community Facilities District for August 16, 2005. (City Engineer) Staff recommendation: Council adopt the resolutions. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION WITH THE DEPARTMENT OF CONSERVATION FOR BEVERAGE CONTAINER RECYCLING COMMUNITY OUTREACH PROGRAM FUNDS TO STREAMLINE RECYCLING SERVICES TO MULTI-FAMILY RESIDENTS IN CHULA VISTA The City's multi-family residents currently generate over 800 tons of recyclables annually. The City intends to make the recycling process more convenient for multi- family residents by streamlining the recycling program and ensuring its sustainability. The City proposes applying for a Department of Conservation grant to help fund the proj ect. (Director of General Services) Staffrecommendation: Council adopt the resolution. 10. 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 BEVERAGE CONTAINER AND LITTER REDUCTION ACT GRANT FUNDS AND IMPLEMENT THE APPROVED GRANTS Chula Vista is eligible to receive $57,157 for 2005/2006 from the California Beverage Container Recycling and Litter Reduction Program to use for beverage container recycling and litter clean up activities. (Director of General Services) Staff recommendation: Council adopt the resolution. Page 4 - Council Agenda July 12, 2005 , 11 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $275,000 FROM THE SALT CREEK SEWER DEVELOPMENT IMPACT FEE FUND AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT NO. SW245 (SALT CREEK TRUNK. SEWER MAINTENANCE CIP); AND AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $231,295.31 TO HAAKER EQUIPMENT COMPANY FOR ONE FOUR-WHEEL DRIVE SEWER CLEANING TRUCK THROUGH A COOPERATIVE PURCHASE WITH THE CITY OF VISTA (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 200512006 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $26,000 FROM THE AVAILABLE BALANCE OF THE SEWER FUND; AND AMENDING THE PROPOSED SPENDING PLAN FOR FISCAL YEAR 200612007 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $39,000 FROM THE AVAILABLE BALANCE OF THE SEWER FUND FOR EQUIPMENT MAINTENANCE AND REPLACEMENT COSTS FOR A SEWER CLEANING TRUCK (4/5THS VOTE REQUIRED) The City of Chula Vista is participating in a current City of Vista bid from Haaker Equipment Company for the purchase of one four-wheel drive sewer cleaning truck. The City of Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. There are no vendors in the City of Chula Vista that normally furnish this type of heavy equipment. (Director of Public Works Operations) Staff recommendation: Council adopt the resolutions. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MEMORANDUM OF UNDERSTATING (MOU) BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG), THE METROPOLITAN TRANSIT SYSTEM (MTS) AND THE CITY OF CHULA VISTA REGARDING THE PURCHASE, DELIVERY, OWNERSHIP AND USE OF ONE BUS FOR THE CITY OF CHULA VISTA'S NATURE CENTER At its meetings of January 13, 2004 and January 11,2005, Council approved resolutions to use $183,000 of unallocated Transportation Development Act funds to match an Air Pollution Control District grant for the purchase of a mid-size, CNG bus for the Nature Center. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 13 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) TO CLAIM AND TRANSFER TO THE CITY OF CHULA VISTA FROM THE CITY'S PRIOR YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 FUNDS THE AMOUNT OF $119,767.36, AWARDING A PURCHASING AGREEMENT FOR A STREET SWEEPER TO HAAKER EQUIPMENT COMPANY THROUGH A COOPERATIVE BID WITH THE STATE OF MINNESOTA (CONTRACT #980-302), AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) Page 5 - Council Agenda July 12, 2005 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005/2006 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $15,666 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND; AND AMENDING THE PROPOSED SPENDING PLAN FOR FISCAL YEAR 2006/2007 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $20,888 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR EQUIPMENT MAINTENANCE AND REPLACEMENT COSTS FOR A STREET SWEEPER (4/5THS VOTE REQUIRED) A total of $119,767.36 will be used to purchase a medium-duty street sweeper for the purpose of sweeping the parking lots located at the John Lippitt Public Works Center, transit centers, and facilities citywide. (Director of Public Works Operations) Staffrecommendation: Council adopt the resolutions. 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A THREE PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; BURKETT & WONG ENGINEERS, CONSULTANT; AND THE EASTLAKE COMPANY, LLC., APPLICANT; FOR THE PREPARATION OF AN AMENDMENT TO THE EASTLAKE ill PUBLIC FACILITIES FINANCING PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution waives the Consultant selection process and approves a three- party agreement between the City of Chula Vista, Burkett & Wong Engineers and the EastLake Company, LLC., for professional consulting services related to the preparation of an amendment to the EastLake ill Public Facilities Financing Plan (PFFP). (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 15. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2004 EDITION AND UNIFORM ADMINISTRATNE CODE PROVISIONS FOR THE NATIONAL ELECTRIC CODE, 1996 EDITION, WITH AMENDMENTS (FIRST READING) The California Building Standards Commission mandated that jurisdictions within the State start enforcing the 2004 California Electrical Code on August I, 2005. This ordinance adopts the 2004 California Electrical Code, associated administrative provisions and local amendments. (Director of Planning and Building) Staff recommendation: Council place the ordinance on first reading. 16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS FOR FISCAL YEAR 2005/2006 BETWEEN THE CITY OF CHULACVISTA AND VARIOUS COMMUNITY GROUPS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS Page 6 - Council Agenda July 12, 2005 On May 10, 2005 the Council adopted a spending plan for the CDBG, HOME and ESG programs. The U.S. Department of Housing and Urban Development (HUD) requires a written agreement between the City and each sub-recipient receiving CDBG, HOME and ESG funds. (Director of Community Development) Staffrecommendation: Council adopt the resolution. 17. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FISCAL YEAR 2005/2006 CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTIONAL SERVICES AND VISITOR AND TRANSIT INFORMATION SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Since 1995, the City has contracted annually with the Chula Vista Chamber of Commerce to provide Convention and Visitors Bureau services. According to Council Policy No. 230-01, the Council considers a budget and related contract with the Chamber of Commerce for the provision of Chula Vista Convention and Visitors Bureau Promotion Services, and Visitor and Transit Information Services at the Chula Vista Visitor Information Center and Chamber of Commerce Main Office. (Director of Community Development) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 18. CONSIDERATION OF ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (pRESERVE MAINTENANCE DISTRICT) On June 7, 2005, the City Council initiated the Community Facilities District (CFD) 97-2 (Preserve Maintenance) annexation proceedings. Adoption of the resolutions is the next step in the formal proceedings to annex the territory within Village 7 into Improvement Area A of CFD 97-2. Improvement Area A funds the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance. The City has retained the services of MuniFinancial as special tax consultant and Best Best & Krieger, LLP as legal counsel to provide assistance during the proceedings. (City Engineer) Staff recommendation: Council conduct the public hearing, and adopt the following resolutions: Page 7 - Council Agenda July 12, 2005 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 97-2 (pRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT 97-2 (PRESERVE MAINTENANCE DISTRICT) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO.5, AND ADDING SUCH TERRITORY TO SUCH COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA 19. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT l2-M (VILLAGE 7) On June 7, 2005, the Council initiated proceedings for the formation of Community Facilities District (CFD) l2-M. Adoption of the resolution is the next step in the proceedings to establish this CFD. This district will fund the perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with Village 7. The City has retained the services ofMuniFinancial as special tax consultant and Best Best & Krieger, LLP as legal counsel to provide assistance during the proceedings. (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 FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT 12- M (VILLAGE 7), DESIGNATING IMPROVEMENT AREAS THEREIN, AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS WITHIN EACH IMPROVEMENT AREA 20. CONSIDERATION OF THE PROPOSED RESTRUCTURING OF THE SEWER SERVICE RATES The Sewer Service Charge is paid by all users who are connected to the City's wastewater collection system. Revenues derived from this fee are used to fund the cost of wastewater treatment, system maintenance and operation. Based on the findings of a study, it was determined that over the long term, the existing sewer rates would not generate the revenues needed to meet the obligations of the sewer fund, therefore the rates need to be adjusted. On May 17, 2005, the City Council adopted a resolution declaring its intention to increase sewer service charges and set a Public Hearing for July 12,2005 to consider the issue. (City Engineer) Page 8 - Council Agenda July 12, 2005 A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 3.18.010 TO ESTABLISH A NEW AMOUNT FOR THE SEWERAGE FACILITIES REPLACEMENT COMPONENT OF THE SEWER SERVICE CHARGE AND ALLOWING THE CITY COUNCIL TO ESTABLISH SUCH AMOUNTS IN THE FUTURE BY COUNCIL RESOLUTION B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE BY ADJUSTING AND INCREASING SEWER SERVICE CHARGES FOR EACH OF THE NEXT FIVE YEARS AND APPROVING THE TRANSFER OF FUNDS FROM THE TRUNK SEWER CAPITAL RESERVE FUND TO THE SEWER SERVICE REVENUE FUND Staff recommendation: Council open the public hearing and continue it to July 19, 2005. 21. CONSIDERATION OF AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN TO REVISE THE VILLAGE ONE, VILLAGE ONE WEST AND VILLAGE FIVE SITE UTILIZATION PLAN MAP BY RE- DESIGNATING THE LAND USE DESIGNATION OF SEVEN EXISTING PRIVATELY-OWNED AND MAINTAINED RECREATION FACILITIES FROM OPEN SPACE/PARK (OS/P) TO COMMUNITY PURPOSE FACILITY (CPF) APPLICANT - OTA Y PROJECT, LP. Otay Project, LP (Otay Ranch Company) requested an amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan, Site Utilization Plan Map and Zoning District Map for the purposes of rezoning seven existing recreation sites currently zoned Open Space/Park (OS/P) to Community Purpose Facility (CPF). This amendment adds a CPF Master Plan supplement to the document text and brings the SPA One into consistency with the 2003 amendments to the CPF Ordinance in the P-C Zone, Section 19.48.025 of the Municipal Code. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing, adopt the following resolution, and place the following ordinance on first reading: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE SITE UTILIZATION MAP B. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING THE SPA ONE ZONING DISTRICT MAP RE-DESIGNATING SEVEN OPEN SPACE/PARK (OS/P) SITES TO COMMUNITY PURPOSE FACILITY (FIRST READING) 22. CONSIDERATION OF AN AMENDMENT TO THE FISCAL YEAR 200512006 ANNUAL ACTION PLAN TO REALLOCATE $244,362 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Page 9 - Council Agenda July 12,2005 The action plan amendment will allow the City to reallocate $244,362 of Community Development Block Grant (CDBG) funds to a CDBG-eligible activity. The reallocation of the funds constitutes a substantial amendment to the action plan; as such the City is required to hold a public hearing as part of the Housing and Urban Development citizen participation requirements. (Director of Community Development) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005/2006 CDBG/HOME ANNUAL ACTION PLAN TO REALLOCATE $244,362 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AUTHORIZING SUBMITTAL OF THE ANNUAL ACTION PLAN AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND AUTHORIZING THE APPROPRIATION OF $12,126 (4/5THS VOTE REQUIRED) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 23. CITY MANAGER'S REPORTS 24. MAYOR'S REPORTS A. Ratification of appointment of David Marrufo to the Civil Service Commission. B. Ratification of appointment of Barbara Main to the Nature Center Board of Trustees. 25. COUNCIL COMMENTS 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). 26. 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 the Regular Meeting of July 19, 2005, at 6:00 p.m. in the Council Chambers. Page 10 - Council Agenda July 12, 2005 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 2, 2005 4:00 P.M. An Adjourned Regular Meeting of the City Council was called to order at 4:05 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Councilmembers Castaneda, Davis, McCann, Rindone (Councilmember Rindone arrived at 4:07 p.m.) ABSENT: Councilmember: Padilla ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE I. INTRODUCTION OF FISCAL YEAR 2006 AND 2007 BUDGET WORKSHOP City Manager Rowlands presented an overview of the City budget for fiscal years 2006 and 2007. Staff from various departments then reported on programs and projects, as listed below. 2. FISCAL OVERVIEW A. Budget Development (Director of Budget and Analysis Van Eenoo/ Director of Finance Kachadoorian) B. All Funds Budget (Director of Budget and Analysis Van Eenoo) C. General Fund Budget D. Capital Improvement Program (Director of General Services Griffin) 3. OVERVIEW OF CITY COUNCIL'S STRATEGIC THEMES (Director of Budget & Analysis Van Eenoo 4. CONNECTED, BALANCED, AND COHESIVE COMMUNITIES A. Westside Park and Recreation Center Improvements (Director of Recreation MartinlDirector of General Services Griffm) B. Enhanced Community Programming and Cultural Arts (Assistant City Manager Palmer/Funds Development & Cultural Arts Manager Reinhart) C. Historic Preservation Program (Director of Planning & Building Sandoval) D. Transportation Demand Management (City Engineer AI-agha) 4. CONNECTED, BALANCED, AND COHESIVE COMMUNITIES (Continued) E. Pavement Rehabilitation and Sidewalk Improvements (Director of General Services Griffin) F. Streaming Video - This item was continued to June 7, 2005; there was no discussion on this item. Pamela Bensoussan spoke in support of restoring the Women's Club and asked that the Weyland House and Rohr Adobe House also be considered. She also stated that the new Mills Act application fee of $500 is against the spirit of the Mills Act and associated incentives, and discourages people from seeking historical designation status. She asked that staff re-visit the matter. With reference to transportation demand management, Councilmember Castaneda requested that staff come back with a recommendation for a policy decision regarding Senate Bill 463, proposed by Senator Duchany regarding toll roads. Regarding pavement rehabilitation and sidewalk improvements, Councilmember McCann requested that staff provide a plan to the Council for the commencement of construction of sidewalks in the Castle Park area. He asked that the report also include the anticipated completion date. ORAL COMMUNICATIONS Dallas Pelekan stated that his travel trailer has been impounded several times and asked where he could park his trailer to avoid further impounds. City Manager Rowlands responded that he would meet with Mr. Pelekan after the meeting to discuss the issue. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed: 5. 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 At 6:05 p.m., Mayor Padilla adjourned the meeting to a Regular Meeting on June 7, 2004, at 4:00 p.m., in the Council Chambers at City Hall, 276 Fourth Avenue, Chula Vista. ~'~~~~~ Susan Bigelow, MMC, City Clerk Page 2 - Council Minutes 06/02/05 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 7, 2005 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:09 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla (Councilmember Rindone arrived at 4:45 p.m.) ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow 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 City Engineer Al-agha introduced Mr. LeClair. Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to Mr. LeClair. · PRESENTATION BY RODERICK REINHART OF THE GAYLE MCCANDLISS ART AWARD RISING STAR TO DANIEL R. JIMENEZ Cultural Arts & Fund Development Manager Reinhart introduced Mr. Jimenez, and Deputy Mayor Davis presented him with a certificate of commendation and check for $600. · BUDGET WORKSHOP Staff from various departments made presentations and reported on the programs listed below as they relate to the Council's strategic goals. STRONG AND SAFE NEIGHBORHOODS AI. Streaming Video (Public Information Officer Pursell) A. Opening of Fire Station No.8 (Fire Chief Perry) B. Fire Station Master Plan and Advanced Life Support Study (Fire Chief Perry) C. Creation of Second Fire Battalion (Fire Chief Perry) Page I - Council Mioutes June 7, 2005 BUDGET WORKSHOP (Continued) D. Maintaining Police Patrol Strength (police Chief Emerson) E. Alcohol and Motel Ordinances (Police Chief Emerson) F. School Safety Programs (Educational Schofeld/Recreation Supervisor Brodbeck) Services Manager Mayor Padilla recessed the Council to Closed Session at 5:07 p.m. to consider the following items. CLOSED SESSION 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 No reportable action was taken on this item. 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) No reportable action was taken on this item. Mayor Padilla reconvened the Council meeting at 6:04 p.m. with all members present, and then recessed it to convene the meeting of the Redevelopment Agency. The Council meeting reconvened at 6:08 p.m. with all members present. Mayor Padilla requested that the Consent Calendar and Public Hearings be heard at this time. CONSENT CALENDAR (Items 1 through 11) Mayor Padilla noted that Item No. 11 had been removed from the agenda by staff. 1 A. RESOLUTION NO. 2005-177, 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 MAINTENANCE DISTRICT) Page 2 - Council Minutes June 7, 2005 CONSENT CALENDAR (Continued) B. RESOLUTION NO. 2005-178, 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 to 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 NO. 2005-179, 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 NO. 2005-180, 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 NO. 2005-181, 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 to 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 of CFD 12M. (City Engineer) Staff recommendation: Council adopt the resolutions. 3. RESOLUTION NO. 2005-182, 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 Page 3 - Council Minutes /13- /, June 7, 2005 CONSENT CALENDAR (Continued) 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 NO. 2005-183, 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 NO. 2005-184, 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. 6. RESOLUTION NO. 2005-185, 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 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 NO. 2005-186, 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) Page 4 - Council Minutes June 7, 2005 /' j /</ ~', CONSENT CALENDAR (Continued) 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 proj ect. (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 NO. 2005-187, 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 NO. 2005-188, 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 NO. 2005-189, 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) Page 5 - Council Minutes June 7, 2005 CONSENT CALENDAR (Continued) 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, IS, 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: Remove the item from the agenda. ACTION: Councilmember Rindone moved to approve staffs recommendations, including the removal of Item 11 from the agenda, and offered Consent Calendar Items I through 10, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS 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, the 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, the Council must adopt a resolution ordering the vacation of the easements. (City Engineer) Page 6 - Council Minutes June 7, 2005 , / /: - I -,- PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. City Engineer AI-agha presented the staff report. With no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2005-190, heading read, text waived: RESOLUTION NO. 2005-190, 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 The motion carried 5-0. 13. CONSIDERATION OF AMENDMENTS TO CHAPTER 3.50 OF MUNICIPAL CODE, RELATING TO THE REVIEW AND ADJUSTMENT OF PUBLIC FACILITIES DEVELOPMENT IMPACT 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. (Director of General Services) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. General Services Director Griffin presented the staff report. With no members ofthe public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Mayor Padilla offered the following ordinance for fust reading and Resolution No. 2005-191 for adoption, headings read, texts waived: Page 7 - Council Minutes / l i ' ....~~ i I June 7, 2005 PUBLIC HEARING (Continued) 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) RESOLUTION NO. 2005-191, 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) The motion carried 5-0. Councilmember Rindone left the meeting at 6: 19 p.m. Mayor Padilla resumed the budget workshop at this time. BUDGET WORKSHOP G. Neighborhood Safety Program (City Engineer Al-Agha) H. Graffiti Abatement Program (Public Works Operations Director Byers) ECONOMIC DEVELOPMENT Councilmember McCann stated he would abstain from discussion on Item A, out of an abundance of caution, due to a potential conflict of interest; he left the Chambers and returned at the conclusion of the presentation ofItem A. Community Development Director Madigan provided an overview of the following programs: A. Urban Core Specific Plan B. Bayfront Master Plan C. University Park and Research Center D. Formation of Chula Vista Redevelopment Corporation Finance Director Kachadoorian provided an overview of the Redevelopment Corporation Budget Sununary. No action was taken on the budget items. Page 8 - Council Minutes June 7, 2005 OTHER BUSINESS 14. CITY MANAGER'S REPORTS There were none. 15. MAYOR'S REPORTS A. Ratification of appointment of Felicia Starr to the Board of Ethics. A. Ratification of appointment of Tracey Abston to the Child Care Connnission. Mayor Padilla moved to ratify the above appointments. Councilmember McCann seconded the motion, and it carried 4-0 with Councilmember Rindone absent. 16. COUNCIL COMMENTS · Councilmember McCann: Sweetwater Union High School District Headquarters and Corporation Yard - Relocation Councilmember McCann asked staff to continue working with the District. Councilmember Castaneda requested that staff look into the use of "smart controllers" that work via satellite on city irrigation systems. ADJOURNMENT At 7:08 p.m., Mayor Padilla adjourned the meeting 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. C-.7 Lv. tJ...w r--~.:~J .0 j Susan Bigelow, MMC, City ~lerk Page 9 - Council Minutes June 7, 2005 . I I f MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND AN ADJOURNED REGULAR MEETING OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF CHULA VISTA June 14,2005 6:00 p.m. Adjourned Regular Meetings of the City Council and the Public Financing Authority of the City of Chula Vista were called to order at 6:37p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Council/Authority Members Castaneda, Davis, McCann, Rindone and Mayor/Chair Padilla ABSENT: None ALSO PRESENT: City Manager/Executive Director Rowlands, City Attorney/ Authority Counsel Moore, City Clerk Bigelow ORAL COMMUNICATIONS There were none. ACTION ITEMS Council/Authority Member McCann stated that he would abstain from voting on Item I due to the proximity of his residence to the assessment districts. I. CONSIDERATION OF (I) REFUNDING CERTAIN ASSESSMENT DISTRICT BONDS; (2) APPROVAL OF CERTAIN REASSESSMENT REPORTS AND REASSESSMENTS WITHIN CERTAIN REASSESSMENT DISTRICTS (3) ISSUANCE OF LIMITED OBLIGATION REFUNDING BONDS FOR CERTAIN REASSESSMENT DISTRICTS AND APPROVING AGREEMENTS AND OTHER ACTIONS IN CONNECTION THEREWITH; (4) ACTING AS THE LEGISLATIVE BODY OF CERTAIN COMMUNITY FACILITIES DISTRICTS; AND (5) ISSUING REFUNDING REVENUE BONDS AND APPROVING AGREEMENTS AND OTHER ACTIONS IN CONNECTION THEREWITH (Director of Finance/Treasurer) CONTINUED FROM THE MEETING OF JUNE 7, 2005 ACTION: Mayor/Authority Member Padilla moved to continue the item to a future date. Deputy Mayor/Authority Member Davis seconded the motion, and it carried 4-0- I, with Council/Authority Member McCann abstaining due to the proximity of his residence to the assessment districts. OTHER BUSINESS 2. DIRECTOR REPORTS There were none. 3. CHAIR REPORTS There were none. 4. AUTHORITY COMMENTS There were none. ADJOURNMENT At 6:38 p.m. Mayor/Chair Padilla adjourned the meeting until further notice of a Special Meeting of the Public Financing Authority. Susan Bigelow, MMC, City Clerk Page 2 CounciVPF A Minutes 06/14/05 MINUTES OF AN ADJOURNED REGULAR MEETING AND A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 14,2005 4:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:06 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. It was followed by a Regular Meeting of the City Council, which was called to order at 6: 15 p.m., also in the Council Chambers. ROLL CALL: PRESENT: Councilmembers: Castaneda, Davis, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE · BUDGET WORKSHOP Staff from various departments reported on programs and projects as listed below: DIVERSE CULTURAL, OPPORTUNITIES RECREATIONAL AND EDUCATIONAL A. Opening of New Parks and Recreation Centers B. Universally Accessible Playground Equipment C. Mobile Recreation Programs and Satellite Classes D. Healthy Lifestyle Initiative E. Construction of New Rancho Del Rey Library F. Enhanced Library Book Budget G. Enhancements to Parks Reservation System H. Opening of Nature Center Discovery Center Page 1 - Council Minutes June 14, 2005 BUDGET WORKSHOP (Continued) FISCAL STABILITY AND COST-EFFECTIVE GOVERNMENT A. Internal Service Funds B. Fund Development and Grants Program C. Community Choice Aggregation D. Supervisory Control and Data Acquisition System E. Agenda Process Automation F. Online Job Applications and Benefit Enrollment G. Success of Safety and Disability Management Programs With reference to fund development, Councilmember Castaneda suggested that the City explore the feasibility of setting up a program whereby City employees could contribute directly to local charitable programs without associated carrying costs as with the United Way program. Regarding the grants program, Councilmember Rindone requested that staff conduct an assessment of staffing for the City's grant office and return to the Council with a recommendation. Mayor Padilla asked that requests by Councilmembers for changes to the budget be submitted via memorandum to the City Manager, prior to final budget adoption. To that end, Councilmember Rindone requested that his request for an assessment of grant office staffing be included. Councilmember McCann stated that he would also be submitting a budget request for Council consideration to increase the funding allocation for the South County Economic Development Committee. At 5:44 p.m., Mayor Padilla adjourned the Adjourned Regular Meeting of the City Council and announced that the Council would convene in Closed Session to discuss the items noticed on the agenda. At 6:15 p.m., Mayor Padilla convened the Regular Meeting of the City Council, with all Councilmembers present. SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Felicia Starr, Member of the Board of Ethics Tracey Abston, Member of the Child Care Commission City Clerk Bigelow administered the oath of office to Felicia Starr, and Deputy Mayor Davis presented her with a certificate of appointment. Tracey Abston was not present at the meeting. Page 2 - Council Minutes June ]4,2005 CONSENT CALENDAR (Items I through 13) Mayor Padilla stated that he would abstain from voting on Item 12 due to the proximity of his property to the open space district. Deputy Mayor Davis stated that she would abstain from voting on Item 13 due to the proximity of her property to the open space district. Councilmember McCann stated that he would abstain from voting on Item II due to the proximity of his property to the open space district. With reference to Items 5 and 7, Councilmember Rindone directed staff to consult with the granting agency, SANDAG, regarding the City's level of matching funds, pointing out that in his experience with educational grants, setting an optimal level for matching funds is an effective strategy for ultimately securing grant funds. I. WRITTEN COMMUNICATIONS Letter of resignation from Cynthia Drake, member of the Design Review Committee. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 2. APPROVAL OF MINUTES of May 23, 2005 and May 24, 2005 Staff recommendation: Council approve the minutes. 3. ORDINANCE NO. 3010, ORDINANCE 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 THE CONSTRUCTION OF PUBLIC FACILITIES AND EQUIPMENT PURCHASES AND UPGRADES (SECOND READING) Adoption of the ordinance establishes an annual adjustment of the public facilities development impact fees based on recognized cost/price indexes. This ordinance was introduced on June 7, 2005. (General Services Director) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2005-193, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MAINTENANCE AGREEMENT BETWEEN K. HOVNANIAN AT BELLA LAGO, LLC, BELLA LAGO, LLC AND THE CITY FOR THE BASIN MAINTENANCE, GRADING MITIGATION, EROSION, SEDIMENTATION, AND NPDES COMPLIANCE WITH THE BELLA LAGO PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 3 - Council Minutes June 14, 2005 CONSENT CALENDAR (Continued) On April 8, 2003, by Resolution No. 2003-143, the City approved Tentative Map 00-03 for Bella Lago. The Tentative Map conditions require that prior to issuance of the first grading permit, the developer shall enter into an agreement to provide for the construction, maintenance and siltation removal of proposed drainage improvements and water quality treatment facilities for the project. The developer is also required to enter into an agreement to ensure compliance with the NPDES requirements of the Regional Water Quality Control Board. (City Engineer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2005-194, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE PILOT SMART GROWTH INCENTIVE PROGRAM THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR FEDERAL SURFACE TRANSPORTATION FUNDS FOR THE H STREET TRANSIT CORRIDOR PROJECT; CERTIFYING THE COMMITMENT OF MATCHING LOCAL FUNDS; AND STATING THE ASSURANCE OF THE CITY OF CHULA VISTA TO COMPLETE THE PROJECT Adoption of the resolution approves the filing of an application for grant funding to the Pilot Smart Growth Incentive Program through SANDAG to help fund a transit project that will enhance the west side transit corridor along H Street between 1-5 and 1-805. The project will include an array of smart growth amenities. (City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2005-195, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE SAFE ROUTES TO SCHOOL PROGRAM FOR FUNDS TO IMPROVE PEDESTRIAN FACILITIES AT HARBORS IDE ELEMENTARY SCHOOL; AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS The pedestrian facilities serving Harborside Elementary School students are in need of significant improvements. To improve the school route along Naples Street and Colorado A venue, an array of traffic and pedestrian facilities is recommended. The City proposes to apply for federal grant funding from the Safe Routes to School Program to help fund the project. (City Engineer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2005-196, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE PILOT SMART GROWTH INCENTIVE PROGRAM THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR FEDERAL SURFACE TRANSPORTATION FUNDS FOR THE PALOMAR GATEWAY COMMUNITY TRANSIT AREA PROJECT; CERTIFYING THE COMMITMENT OF MATCHING LOCAL FUNDS; AND STATING THE ASSURANCE OF THE CITY OF CHULA VISTA TO COMPLETE THE PROJECT Page 4 - Council Minutes June ]4,2005 CONSENT CALENDAR (Continued) The City had been working with developers and the Metropolitan Transit Development Board (MTDB) to create the Palomar Gateway Community Transit Area Project, a smart growth community that is walkable, mixed use, and transit supportive. The project will include an array of smart growth amenities featuring an enhanced transit station at its core, and planned residential and commercial land uses that reflect smart growth design principles contained in SANDAG's Regional Comprehensive Plan. The City proposes to apply for grant funding to the Pilot Smart Growth Incentive Program to help fund the project. (City Engineer, Director of Planning and Building) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2005-197, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH T.C. CONSTRUCTION COMPANY, INC. TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) OF $1,047,961 FOR THE DESIGN AND CONSTRUCTION OF POGGI CANYON TRUNK SEWER / UPGRADE OF REACH 205 (CIP SW226) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT The Council previously approved CIP project SW226 and, on November 16, 2004, approved a design build agreement with T.C. Construction Company, Inc. for this project. The agreement contained a no-to-exceed price of $1,250,000, with the GMP to be set upon receipt of 90% construction drawings. The project is nearing the end of the design phase, and the construction phase is ready to start this month. (Director of General Services) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2005-198, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO.1 AND CHANGE ORDER NO.2 FOR VETERANS PARK, AND AUTHORIZING THE TRANSFER OF $11,984 FROM EXISTING CAPITAL IMPROVEMENT PROJECT (PR265 - FF&E RECREATIONAL FACILITIES) TO THE EXISTING VETERANS PARK CAPITAL IMPROVEMENT PROJECT (PR-238) FOR CHANGE ORDER NO.2, APPROVING THE SECOND AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH DOUGLAS E. BARNHART, INC. TO INCORPORATE SAID CHANGE ORDERS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT On May 27, 2003, the Council approved a design build agreement with Douglas E. Barnhart, Inc. for the provisions and services necessary to design and construct Veterans Park. On July 20, 2004, the Council approved the first amendment to the design build agreement, establishing the GMP at $8,126,180. Change Orders 1 and 2 provide for additional services requested by the City to install sports lighting at the Veterans Park soccer field, and for coordination and furnishing of indoor sports equipment. This requires adjusting the GMP to incorporate said change orders pursuant to Section 14 of the original agreement. (Director of General Services) Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes June 14,2005 CONSENT CALENDAR (Continued) 10. RESOLUTION NO. 2005-199, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING VARIOUS LANDSCAPE MAINTENANCE CONTRACTS TOTALING $1,385,580.29 FOR OPEN SPACE DISTRICTS 2, 3,4,5,6,7,8,9,10, IS, 17, 18,20,23,24,26,31; COMMUNITY FACILITY DISTRICTS 97-1 STA B, 97-1 AM (OTA Y RANCH), 97-1 AB (OTAY RANCH), 98-1 AND 98-3 (TCR), 98-3 (SUNBOW II), COMMUNITY FACILITY DISTRICT 99-2 (OTA Y RANCH), TELEGRAPH CANYON ROAD PHASE 2 AND PHASE 3, AND MEDIANS AND PARKWAYS, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE (5) ADDITIONAL (I) YEAR OPTION PERIODS 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. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. II. RESOLUTION NO. 2005-200, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE BID AND AWARDING VARIOUS LANDSCAPE MAINTENENACE CONTRACTS TOTALING $18,652.27 FOR OPEN SPACE DISTRICT I, AND $87,832.08 FOR EASTLAKE LANDSCAPE MAINTENANCE DISTRICT ZONES A, B, AND D, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE (5) ADDITIONAL ONE (I) YEAR OPTION PERIODS 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. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2005-201, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE BID AND AWARDING A LANDSCAPE MAINTENANCE CONTRACT IN THE AMOUNT OF $48,149.33 FOR OPEN SPACE DISTRICT II, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE (5) ADDITIONAL ONE (I) YEAR OPTION PERIODS 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. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. Page 6 - Council Minutes June 14, 2005 CONSENT CALENDAR (Continued) 13. RESOLUTION NO. 2005-202, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE BID AND AWARDING A LANDSCAPE MAINTENENACE CONTRACT IN THE AMOUNT OF $116,550.96 FOR OPEN SPACE DISTRICT ]4, AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENT FOR FIVE (5) ADDITIONAL ONE (I) YEAR OPTION PERIODS 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 ]4,2005. Bids were requested because the existing contracts will come to term and expire on June 30, 2005. (Director ofPub]ic Works Operations) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Items 11, ]2, 13, each of which carried 4-0-1, with Councilmember McCann, Mayor Padilla, and Deputy Mayor Davis abstaining respectively due to the proximity of their residences to the assessment districts. ORAL COMMUNICATIONS There were none. OTHER BUSINESS 14. CITY MANAGER'S REPORTS At City Manager Rowlands' request, it was the consensus of the Council to schedule a meeting for June 28, 2005, to adopt the City budget and conduct final labor negotiations. 15. MAYOR'S REPORTS There were none. 16. COUNCIL COMMENTS Councilmember Rindone requested that staff provide the Council with accurate and consistent notifications of schedule changes for upcoming City events. Councilmember Castaneda congratulated Public Works Director Byers and the City crew on the clean up of City-owned property at the west end of D Street, which created a viewing area of the bay for local residents. Councilmember McCann stated that he recently attended the Harborside Park groundbreaking event; the park will be the first new park built on the west side of the City in 25 years. At 6:38 p.m., Mayor Padilla recessed the meeting to Closed Session to continue discussion on the items noticed. Page 7 - Council Minutes June 14,2005 CLOSED SESSION 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 No reportable action was taken on this item. 18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Citv ofChula Vista vs. Evanston [Case No. GIC818513] No reportable action was taken on this item. B. Lang vs. American Red Cross [Case No. 03CV0871] No reportable action was taken on this item. 19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . One case No reportable action was taken on this item. ADJOURNMENT At 8:00 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of June 21, 2005, at 6:00 p.m. in the Council Chambers. Susan Bigelow, MMC, City Clerk Page 8 - Council Minutes June 14,2005 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CillJLA VISTA June 21, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 11 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Castaneda, McCann, Rindone, and Deputy Mayor Davis ABSENT: Mayor Padilla ALSO PRESENT: City Manager Rowlands, Senior Assistant City Attorney Marshall, Assistant City Clerk Norris PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PROGRESS REPORT BY JOANN JONAS, SENIOR LIDRARIAN, ON THE CHULA VISTA YOUTH COMMISSION The report was not presented. CONSENT CALENDAR (Items I through 10) Councilmember McCann moved that Item 3 be continued to June 28, 2005. Councilmember Castaneda seconded the motion, and it carried 4-0. Councilmember Castaneda requested that policies be enacted to protect the Otay River watershed. Deputy Mayor Davis stated she would abstain from voting on Item 7 due to the proximity of her home to the district. Counci1member McCann stated he would abstain from voting on Item 8 due to the proximity of property he owns to the districts. With regard to Item 8, Councilmember Rindone requested that staff bring back a report in six months outlining options to deal with future inadequate reserves in assessment districts. CO\lIlcilmember McCann left the dais at 6: 13 p.m. and returned at 6: 17 p.m. CONSENT CALENDAR (Continued) 1. RESOLUTION NO. 2005-202, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH ATEL FOR MAINTENANCE OF THE NEC NEAX 2400 TELEPHONE SWITCH FOR A PERIOD OF ONE YEAR WITH AN OPTION TO RENEW THE AGREEMENT FOR NINE ADDITIONAL ONE-YEAR OPTION PERIODS On July 12, 1985 the City installed the NEC NEAX 2400 telephone switch. The maintenance contract for the switch expires on June 30, 2005. Adoption of the resolution approves an agreement with ATEL for maintenance of the telephone switch. (Director of Management and Information Services) Staff recommendation: Council adopt the resolution. 2. RESOLUTION NO. 2005-203, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING (MOD) BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT REGARDING JOINT OPERATION OF THE DYNAMIC AFTER SCHOOL HOURS (DASH) AFTER SCHOOL RECREATIONAL PROGRAM; AND THE SAFE TIME FOR RECREATION, ENRICHMENT, AND TUTORING FOR CHILDREN (STRETCH) EXTENDED SCHOOL DAY EDUCATIONAL PROGRAM; AND AUTHORIZING THE MAYOR TO EXECUTE THE MOU Adoption of the resolution approves an updated MOU, between the City and the Chula Vista Elementary School District for fiscal year 2005/2006, which includes expansion of the DASH Program to one new site (Veterans Elementary School), and an expansion in the number of students served at one STRETCH site (Harborside School). It also carries forward the program enhancements introduced in the January 2005 addendum, i.e. the operation of "DASH Plus" at four school sites and the expansion of the number of STRETCH students served at Lauderbach and Montgomery Schools. The Chula Vista Elementary School District Board will be voting on the fiscal year 2005/2006 MOU at its June 21, 2005 meeting. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PAYMENT OF $106,881 TO THE COUNTY OF SAN DIEGO FOR THE CITY'S SHARE OF THE OTAY RIVER WATERSHED MANAGEMENT PLAN FROM THE EXISTING EXPENDITURE BUDGET OF THE PLANNING AND BUILDING DEPARTMENT As a member of the joint exercise powers agreement with an interest in the Otay River, the City is responsible for its share of the cost for a watershed management plan. As the lead agency, the County of San Diego presented the City with an invoice for said plan. (Director of Planning and Building) Continued to June 28, 2005. Page 2 - Council Minutes June 21, 2005 CONSENT CALENDAR (Continued) 4. RESOLUTION NO. 2005-204, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING PAYMENT OF $30,383 TO JENAL ENGINEERING CORPORATION AND $26,870 TO SPK CONSULTING FOR WORK COMPLETED IN ADDITION TO THE ORIGINAL CONTRACT WORK ASSOCATED WITH THE REMOVAL OF UNDERGROUND FUEL TANKS AT 707 F STREET The Council previously authorized work for underground fuel storage tank removal at 707 F Street, and the work has been completed. Adoption of the resolution authorizes payment of $57,253 for additional work performed to remove contaminated soil that was stockpiled for an environmental assessment and transported to an area landfill for disposal. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2005-205, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR 2005/2006 SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICTS 2 THROUGH 10, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, BAY BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS The City administers and maintains 24 open space districts that have been established over the last 30 years. The districts provide a fmancing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for fiscal year 2005/2006 enables the City to collect sufficient funds to provide these ongoing services. (City Engineer) Staff recommendation: Council adopt the resolution and set the public hearing for July 19,2005 at 6:00 p.m. 6. RESOLUTION NO. 2005-206, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2005/2006 ASSESSMENT FOR OPEN SPACE DISTRICT 11; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE ASSESSMENT This is one of three companion agenda items to Item 5, which provides all general background information and details regarding the proposed open space district assessments for fiscal year 2005/2006. This item includes information specific to Open Space District I I. (City Engineer) Staff recommendation: Council adopt the resolution and set the public hearing for July 19,2005 at 6:00 p.m. Page 3 - Council Minutes / June 21, 2005 CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2005-207, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2005/2006 ASSESSMENT FOR OPEN SPACE DISTRICT 14; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE ASSESSMENT This is one of three companion agenda items to Item 5, which provides all general background information and details regarding the proposed open space district assessments for fiscal year 2005/2006. This item includes information specific to Open Space District 14. (City Engineer) Staff recommendation: Council adopt the resolution and set the public hearing for July 19,2005 at 6:00 p.m. 8. RESOLUTION NO. 2005-208, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2005/2006 ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT NO. 1 AND OPEN SPACE DISTRICT NO.1; DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE ASSESSMENTS This is one of three companion agenda items Item 5, which provides all general background information and details regarding the proposed open space district assessments for fiscal year 2005/2006. This item includes information specific to Eastlake Maintenance District No.1 and Open Space District No.1. (City Engineer) Staff recommendation: Council adopt the resolution, and set the public hearing for July 19,2005 at 6:00 p.m. 9. RESOLUTION NO. 2005-209, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DOWNTOWN PROPERTY BASED BUSINESS IMPROVEMENT DISTRICT ASSESSMENT ADJUSTMENT In accordance with its Management Plan, the Downtown Property Based Business Improvement District (PBID) may adjust its assessment rate by annual "cost of living" increases based on the San Diego Consumer Price Index (CPI) for all urban consumers, or five percent, whichever is less. Increases are recommended by the PBID Board of Directors and forwarded to the City Council for final approval. For the upcoming tax year (2005/2006), the PBID Board of Directors has recommended an assessment increase of 3.65 percent. (Director of Community Development) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2005-210, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH SIMON WONG ENGINEERING, INC., TO PROVIDE CONSULTING SERVICES FOR THE REHABILITATION OR REPLACEMENT OF THE WILLOW STREET BRIDGE OVER SWEETWATER RIVER FOR THE CITY OF CHULA VISTA; APPROPRIATING FUNDS NECESSARY TO COMPLETE THE DESIGN PHASE OF THE PROJECT; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY (4/5THS VOTE REQUIRED Page 4 - Council Minutes June 21, 2005 CONSENT CALENDAR (Continued) The proposed project consists of the rehabilitation or replacement of the Willow Street bridge, a two-lane bridge constructed in 1940 that traverses the Sweetwater River. The bridge is currently eligible for rehabilitation funding through the State's Highway Bridge Replacement and Rehabilitation Program and has been classified as functionally obsolete. While the funding is programmed for bridge rehabilitation, replacement alternatives must be evaluated to assure the best use of public funds. In addition, the current and future traffic demands may support additional traffic lanes for a bridge widening or replacement project. The General Plan indicates that Willow Street will ultimately be a four-lane major arterial. (Director of General Services) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Davis offered Consent Calendar Items 1, 2 and 4 through 10, headings read, texts waived. The motion carried 4-0 except on Item 7, which was approved 3-0-1 with Deputy Mayor Davis abstaining, and Item 8, which was approved 3-0-1 with CounciIrnember McCann abstaining. ORAL COMMUNICATIONS Dallas Pelekai requested Council assistance with his homeless situation, having had his truck and trailer ticketed and his truck impounded. He also requested that funding be put aside to help the homeless. Deputy Mayor Davis referred the situation to staff. PUBLIC HEARING 11. CONSIDERATION OF AN ORDINANCE AMENDING THE AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT BETWEEN PACIFIC WASTE SERVICES AND THE CITY OF CHULA VISTA, MOVING THE RATE ADJUSTMENT ANNIVERSARY DATE FOR SMALL QUANTITY GENERATOR RATES FROM JULY 1 TO SEPTEMBER 1 EACH YEAR Each year, staff reviews the solid waste rates survey from SANDAG to establish whether or not Pacific Waste qualifies for a small quantity generator rate adjustment. It is difficult to conduct an obj ective rate review in time for Pacific Waste to meet the franchise agreement rate adjustment anniversary date of July 1, as most of the jurisdictions in the County also have a July I anniversary date. Therefore, moving Pacific Waste's rate adjustment anniversary date to September 1 would allow a rate review that is objectively based upon approved rates within the region. (Director of General Services) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Deputy Mayor Davis opened the public hearing. There being no members of the public who wished to speak, Deputy Mayor Davis closed the public hearing. Page 5 - Council Minutes June 21, 2005 PUBLIC HEARING (Continued) ACTION: Councilmember McCann offered the following ordinance for first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE AMENDED AND RESTATED SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT BETWEEN PACIFIC WASTE SERVICES AND THE CITY OF CHULA VISTA, MOVING THE RATE ADJUSTMENT ANNIVERSARY DATE FOR SMALL QUANTITY GENERATOR RATES FROM JULY I TO SEPTEMBER 1 EACH YEAR (FIRST READING) The motion carried 4-0. OTHER BUSINESS 12. CITY MANAGER'S REPORTS There were none. 13. MAYOR'S REPORTS There were none. 14. COUNCIL COMMENTS Councilmember Castaneda expressed his honor in having presided over the affordable housing lottery in San Miguel Ranch. Deputy Mayor Davis stated that she participated in the training for and planting of trees in Valley Lindo Park over the weekend. Sailors from the USS Ronald Reagan and members of the low rider community also participated, which resulted in a very large turnout. Councilmember McCann wished all dads a Happy Father's Day. Deputy Mayor Davis recessed the meeting to Closed Session at 6:40 p.m. CLOSED SESSION 15. 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 No reportable action was taken on this item. Page 6 - Council Minutes June 21, 2005 Deputy Mayor Davis reconvened the meeting at 8:30 p.m. with all Councilmembers present. ADJOURNMENT At 8:31 p.m., Deputy Mayor Davis adjourned the meeting to an Adjourned Regular Meeting on June 23, 2005 at 4:00 p.m. at the John Lippitt Public Works Center, 1800 Maxwell Road, thence to an Adjourned Regular Meeting on June 28, 2005 at 6:00 p.m. in the Council Chambers, and thence to the Regular Meeting of July 12, 2005, at 6:00 p.m. in the Council Chambers. t/~~~ Donna Norris, CMC Assistant City Clerk Page 7 - Council Minutes June 21, 2005 MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE GROWTH MANAGEMENT OVERSIGHT COMMISSION OF THE CITY OF CHULA VISTA June 23, 2005 4:00P.M. Adjourned Regular Meetings of the City Council and the Growth Management Oversight Commission of the City of Chula Vista were called to order at 4:39 p.m. at the John Lippitt Public Warks Center, 1800 Maxwell Road, Chula Vista, California. Due to the lack of a quorum, the Planning Commission was not convened. On roll call, there were: PRESENT: Councilmembers: Castaneda (arrived at 4:44 p.m.), Davis, McCann and Rindone Growth Management Oversight Commissioners: Arroyo, Garcia, Krogh, Munoz, O'Neill, Palma, and Spethman ABSENT: Mayor Padilla and Growth Management Oversight Chair Nordstrom ALSO PRESENT: City Manager Rowlands, Deputy City Attorney III Mullen, and City Clerk Bigelow Deputy Mayor Davis read the inscriptions on plaques of appreciation for Growth Management Oversight Commissioners Munoz and Tripp, who had completed their terms, and Commissioner O'Neill, the Planning Commission representative to the Growth Management Oversight Commission. Councilmember McCann presented each with their plaques. PUBLIC HEARING 1. CONSIDERATION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S 2005 ANNUAL REPORT The Growth Management Oversight Commission (GMOC) has finalized its 2005 annual report regarding compliance with the City's quality of life threshold standards. The report reflects the outcome of analysis of information presented by various City departments and external agencies regarding the impacts of growth on each of the II facility and service topics covered by the threshold standards. The report addressed each threshold in terms of current compliance, issues, and corresponding recommendations. Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Deputy Mayor Davis opened the public hearing. Planning Director Sandoval stated that due to the lack of a Planning Commission quorum, the Council and GMOC should hold the public hearing, take input and then close the public hearing. The report will then be sent to the Planning Commission for recommendations and back to the Council for action on a future agenda. Page 1 - CounciVGMOCIPlanning Minutes June 23, 2005 GROWTH MANAGEMENT OVERSIGHT COMMISSION REPORT (Continued) GMOC Vice Chair Krough made introductory remarks with regard to the 2005 GMOC report and responded to questions of the Council. Councilmember Rindone thanked the GMOC for their including the monitoring of all priority 1 calls in excess of 10 minutes in the thresholds annual report. Police Chief Emerson responded to questions of Councilmember Rindone and McCann regarding response times and how different beats or City sections were analyzed. Councilmember Castaneda inquired, and City Engineer Al-Agha responded, as to how the City monitors the maintenance and rehabilitation of drainage systems. Councilmember McCann inquired as to whether the additional fire stations coming online in the near future will assist the fire department in meeting its thresholds next year. Deputy Fire Chief Geering responded that he was hopeful response times would improve but felt additional saturation was needed on the west side of the City. Walter Kieser, Economic & Planning Systems, Inc., consultant to the City on the Growth Management Oversight Commission, provided an overview of the results and responded to questions of the Council. Pamela Sherman expressed her views on how grading and drainage should be handled and also stated that the library needed expansion. There being no further members of the public who wished to speak, Deputy Mayor Davis closed the public hearing. No action was taken on the following resolutions: A. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA ACCEPTING AND APPROVING THE 2005 GMOC ANNUAL REPORT AND RECOMMENDING ACCEPTANCE AND APPROVAL BY THE CITY COUNCIL B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2005 GMOC ANNUAL REPORT AND APPROVING THE RECOMMENDATIONS CONTAINED THEREIN; AND DIRECTING THE CITY MANAGER TO UNDERTAKE ACTIONS NECESSARY TO IMPLEMENT THOSE RECOMMENDATIONS AS PRESENTED IN THE "2005 GMOC RECOMMENDATIONS/PROPOSED IMPLEMENTING ACTIONS SUMMARY" ORAL COMMUNICATIONS Pamela Sherman expressed her view that there were no 24-hour signal lights in the City and inqUired as to whether any monies from eastern development was spent on the west side. Page 2 - Council/GMOClPlanning Minutes June 23, 2005 ....---- ADJOURNMENT At 6:11 p.m., the GMOC Vice Chair Krough adjourned the GMOC to its next regular meeting. At 6: 11 p.m., Deputy Mayor Davis adjourned the City Council to an adjourned regular meeting on June 28,2005, at 6:00 p.m. in the Council Chambers. ~~~~~ Susan Bigelow, MMC, City Clerk Page 3 - Council/GMOC/Planning Minutes IF -~ June 23, 2005 RECEIVED "{6 JJj 15 A10 :46 June 10, 2005 CITY OF CHULA VIS~ 1\ CITY CLERK'S OFFiCe Susan Bigelow City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Susan: It has been an educational and rewarding experience serving as a member of the Resource Conservation Commission. I will be moving to San Diego and am no longer eligible to serve in this commission. I am hereby tendering my resignation effective June 30, 2005. Allow me to thank you again, and may you find replacements soon. JfJ ~{f? :::.- ~~~5 - - -- Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO CIlY OF CHUIA VISTA Thursday, June 23, 2005 RE: The Honorable Mayor & City CouncJ Natalie D. Flores/r1 Request for Excused Absence TO: FROM: Mayor Steve Padilla will be out of town on Tuesday, June 21 and Thursday, June 23, 2005 and, therefore, unable to attend the CouncJ Meeting and the Joint City CouncJ, GMOC, Planning Commission meeting. He has directed that I prepare a memo requesting an excused absence from these meetings. Cc: City Manager City Attorney City Clerk )8 ...__. _..._...," _.__..._.~_...._._.n ..,._c .-t._~-_.._._'-' .."..-'------ ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE "AMENDED AND RESTATED SOLID '\O:O?\\O~ WASTE DISPOSAL AND RECYCLING SERV~CES _ l" AGREEMENT" WITH PACIFIC WASTE SERVICES, THE RATE ADJUSTMENT ANNIVERSARY DATE F~ L QUANTITY GENERATOR RATES FROM JULY 1 ST TO SEPTEMrlER 1ST WHEREAS, the City of Chula Vista ("City'') is a chartered city within the meaning of California Constitution Article II, Sections 3 and 5, and has reserved its powers pursuant to California Public Resources Code Section 40000, et seq. to grant an exclusive solid waste and recyclable franchise; and WHEREAS, in 1982, pursuant to Article XlI of the City Charter and Chapter 8.24 of the Chula Vista Municipal Code, City granted a solid waste disposal franchise (the "Original Franchise'') to Chula Vista Sanitary Service ("CVSS"); and WHEREAS, since 1982, the Original Franchise has been amended as follows: (I) Ordinance No. 2104, adopted February 28, 1985, (2) Ordinance No. 2332, adopted September 12, 1989; (3) Ordinance No. 2427, adopted December 4,1990; (4) Ordinance No. 2429, adopted December 11, 1990; (5) Ordinance 2475, adopted September 3, 1991; (6) Ordinance 2562, adopted July 20, 1993; (7) Ordinance No. 2569, adopted September 21, 1993; and (8) Ordinance No. 2741, adopted August 11, 1998; and WHEREAS, on May 12, 1987, pursuant to City Council Resolution No. 13019, City approved an assignment of the Original Franchise to Laidlaw Waste Systems, Inc. ("Laidlaw"); and WHEREAS, on June 17, 1997, pursuant to City Council Resolution No. 18705, City conditionally approved Laidlaw's assignment of the Original Franchise, as amended, to Allied Waste North America, Inc. dba Pacific Waste Services ("Pacific"); and WHEREAS, on August 26, 1997, pursuant to City Council Resolution No. 18763, City approved a month-to-month extension of Original Franchise pending further City review and consideration of Pacific's requested five-year renewal; and WHEREAS, effective July I, 1999 City and Pacific entered into that certain "Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement" (the "Agreement''). The Agreement modified and extended Pacific's exclusive franchise for solid waste disposal and recycling services ("Franchise") within the City. The City Council approved the Agreement on July 13, 1999, pursuant to its adoption of Ordinance No. 2792; and WHEREAS, on September 25, 2001, the City Council adopted the First Amendment to the Agreement, pursuant to Ordinance No. 2844; and WHEREAS, Section 7.3.1 of the Agreement establishes July 1st of each year as the date on which the Maximum Rates for General Service Rates increase, determining the maximum 3-1 DRAFT amount Pacific may charge its Large Quantity Generator, Small Quantity Generator and IndustriaI!Roll-off customers for its services during the period July I" through June 30th; and WHEREAS, the amount of the annual Maximum Rate is determined, in part, by a survey of market rates within San Diego County; and WHEREAS, the majority of the cities in San Diego County adjust their rates on July I" each year, preventing the City from including those adjusted rates in its annual market survey that is necessarily conducted prior to July 1" each year; and WHEREAS, amending the Agreement by changing the rate increase anniversary date for Small Quantity Generators from July I" to September 1 st will allow the City to include the region's current market rates in its annual survey; and WHEREAS, the Second Amendment to the Agreement (the "Second Amendment") was considered by the City Council at a properly noticed public hearing on June 21, 2005. Any and all written and oral testimony with respect to the Second Amendment was heard and considered by the City Council and the City Council approved placement of the Second Amendment on first reading. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain as follows: Section I: The Second Amendment to the Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement is approved. Section 2: The Mayor of the City of Chula Vista is authorized to execute the Second Amendment to the Amended and Restated Solid Waste Disposal and Recycling Franchise Agreement on behalf of the City of Chula Vista, in substantially the form presented, with such minor, non-substantive modifications as may be appmved or required by the City Attorney. Section 3: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Jack Griffin Director of General Services M:\Gcncral Services\GS Administralion\Council Agenda\Pacific Waste Scrvices\Ordinancc - Pacific Franchise 2d Amendment-doc 3-2 COUNCIL AGENDA STATEMENT Item Meeting Date L/ 07/12/05 ITEM TITLE: COUNCIL RESOLUTION Corporation for Dispatch System Approving Agreement with Cross CUrrent maintenance and support of the Computer Aided SUBMITTED BY: Director of Management & Information REVIEWED BY: City Mana~ service~ (4/Sths Vote: Yes No--!....) The City installed the Computer Aided Dispatch System in 1998 and has had a maintenance contract for service and support: since 1999. Our maintenance agreement expires on June 30 I 2005 and this agreement will extend the date until June 3D, 2010. RECOMMENDATION: That Council adopt resolution approving the agreement with Cross CUrrent Corporation for the maintenance and support of the Computer Aided Dispatch System for Police and Fire. BOARDS/COMMISSIONS RECOMMENDATION: NOe applicable DISCUSSION: In 1998 st.aff installed a Computer Aided Dispat.ch System for the Police and Fire Departmen':s. This system greatly enhanced the dispat.ching op~ration. Du~ing the past several years Cross Curren~ has made several modifications and er....hancement.s at Our request.. These include an automated interface to the C::..ty's GIS system to more efficiently update t.he CAD GEOFILE with the City's new streets, an interface to the PEl Mapst.ar system, as well as several priorit.y enhancements to support. the Fire Department. These include interfaces to the Station Alerting system, the Arch pagers, the ProQA medical aid system and an interface to the Firehouse p~s system. Cross Current is also working on a completely new MDC interface for both Police and Fire. In addition, Cross 0~rrent makes improvements and enhancements to the product based upon ch~nging technology, user input or for other reasons. Cross Current has supported their product very well over the years. In addition to maintenance services, Cross CUrrent provides Chula Vista with 24 hours a day/7 day a week support for their product. While MIS is the first line of defense and is on-call for all issues related to CAD, Cross CUrrent is always available to us should problems arise that need additional expertise. This arrangement is critical to ensuring that the Police and Fire Dispatchers are always operating at peak efficiency. 4-1 Page 2, :Item Meeting Date 07/12/05 Fiscal Impact The funds for the maintenance of the CAD system are budgeted in the and information Services Budget and is approximately $128,000 Increases are capped at CPI or 5%, whichever is lower. 4-2 Management annually. DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH CROSS CURRENT CORPORATION FOR MAINTENANCE AND SUPPORT OF THE COMPUTER AIDED DISPATCH SYSTEM WHEREAS, in 1998 staff installed a computer aided dispatch (CAD) system for the Police and Fire Departments; and WHEREAS, a computer aided dispatch system offers a single, intuitive application to handle call taking, dispatching, and resource management needs; and WHEREAS, Cross Current Corporation ("Cross Current") has been providing support for the City's CAD system for the past five and a half years pursuant to an agreement dated October 1, 1999, but that agreement expired on June 30, 2005; and WHEREAS, Cross Current's performance under the October 1, 1999 agreement has been more than satisfactory; and WHEREAS, Cross Current has also developed numerous customized CAD software applications for the City during the past five years; and WHEREAS, the services provided under the new agreement will generally include CAD application and technical telephone support, CAD remote system access, CAD software fixes, and periodic CAD software releases; and WHEREAS, Cross Current familiarity with the City's CAD system and its level of professionalism make it uniquely qualified to continue providing CAD support. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Chula Vista does hereby approve an agreement with Cross Current Corporation to provide technical support for the City's computer aided dispatch system with an initial term of one (I) year, with an option to renew the agreement for four (4) additional one (I) year terms. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to renew the one-year term of the agreement until June 30, 2010. PREPARED BY: APPROVED AS TO FORM BY: ~ 7, r-t Ann Moore City Attorney - Louie Vignapiano Director of Management & Information Services attorneylresolagreementslagreemenr with Cross Current Corp 712 05.doc 4-3 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~7,~ Ann Moore City Attorney Dated: July 6, 2005 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CROSS CURRENT CORPORATION TO PROVIDE MAINTENANCE AND SUPPORT OF THE CITY'S COMPUTER AIDED DISPATCH SYSTEM 4-4 SOFTWARE MAINTENANCE AND TECHNICAL SUPPORT AGREEMENT between City of Chula Vista and Cross Current Corporation for City's ccCAD Software Product DRAFT This agreement ("Agreement"), dated , 20_ for the purposes of reference only, and effective as of the date last executed is between the City of Chula Vista, as such ("City"), a municipal chartered corporation of the State of California, whose business form is City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910; and Cross Current Corporation, as such ("Vendor"), whose business form, telephone and facsimile numbers are as follows: Cross Current Corporation 100 Union Square Drive New Hope, PA 18938 The "Agreement" is made with reference to the following facts: Whereas, the City wishes to retain Cross Current to provide 24x7 software maintenance and technical support for its ccCAD system; and Whereas, the services provided under this Agreement will generally include ccCAD application and technical telephone support, ccCAD remote system access, ccCAD software fIxes, and periodic ccCAD software releases; and Whereas, Vendor warrants and represel'lts that they are experienced and staffed in a manner such that they are and can prepare and deliver the goods and services required of Vendor to City within the time frames herein provided - all in accordance with the terms and conditions of this Agreement; 1. SUPPORT 1.1 In performing any of Vendor's Duties under this agreement, Vendor shall perform and provide them in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. ccCAD Software Support and Maintenance 4-5 Page 1 of 11 DRAFT 1.2 Vendor agrees to provide 24x7, twenty-four (24) hours a day by seven (7) days a week, ccCAD Software Maintenance support to the City CAD center. 1.3 This ccCAD Software Maintenance Agreement is based on the following: Number of Servers and Workstations Two (2) CAD Servers One (1) MDC Server One (1) Archive Server Three (3) PYRO Servers (used for various interfaces) Eleven (11) Workstations Site Interfaces E911 Interface GIS-GEO Import Tool PEl Mapstar Interface First-In Station Alerting Interface LECS/MDC Interface Firehouse RMS Interface InfoRAD Paging Interface ProQA Interface 1.4 The services provided under this Agreement are limited to the ccCAD software product only. Maintenance of the following are outside the scope of work and not included in this Agreement: hardware, network hardware and software, CAD interface hardware, any third party software and custom Crystal Reports. In addition, the Agreement's scope of work does not include on-site support to install new ccCAD releases. 1.S Vendor shall establish and maintain an organization and process to provide the following types of support: . ccCAD application questions . ccCAD application problems . ccCAD modern support through PC Anywhere or comparable product for remote access and troubleshooting . Windows 2000/2003 support as it pertains to ccCAD systems operations and administration . ccCAD software fixes . Periodic ccCAD software releases. 1.6 Vendor shall use its best efforts to cure, as described below, reported and reproducible problems, including performance deficiencies, with the ccCAD software. Vendor shall utilize the following four (4) impact levels to categorize reported issues: Level A Impact is defined as: The impact of the reported problem is such that the City is unable to either use the ccCAD software or reasonably continue work using the software. Or, ccCAD Software Support and Maintenance 4-6 Page 2 of 11 DRAFT important features of the software are not working properly and there are no acceptable, altemative solutions. Even though other areas of the software are not impacted, the reported deficiency has created a significant, negative impact on the City's productivity or service level. Note: "Reproducible" means consistently repeatable by following the same steps each time. For Level A problems, Vendor will commence work on resolving the deficiency within one (1) hour of notification, but only on business days during the hours of 8:00am to 5:00pm (Eastem Time). During all other times, the Vendor shall commence work within two (2) hours. Regardless of response time, Vendor will engage staff until an acceptable resolution is achieved. Level B Impact is defmed as: The impact of the reported problem is such that important features of the ccCAD software cannot directly be accessed or used as intended, but a workaround exists which enables use of the feature or provides a reasonable altemative solution to the affected feature. Or, non-essential features of the Software are unavailable with no altemative solution. The impact to City, regardless of product usage, is a significant loss of operational functionality or implementation resources. For Level B problems, Vendor will provide support on business days during the hours of 8:00am to 5:00pm (Eastem Time) and will commence work on resolving the deficiency within two (2) hours of notification. Work will continue on the problem until an acceptable resolution is achieved. Level C Impact is defined as: Those situations where the City submits a software information request, software enhancement or documentation clarification, which has no operational impact. Or, a reproducible problem that is in a non-essential feature of the ccCAD software program is reported. The implementation or use of the software by the City is continuing and there is a minimal (negative) impact on productivity. For Level C issues, Vendor will provide support on business days during the hours of 8:00am to 5:00pm (Eastem Time) and will respond within one (1) day of notification. Correction of a problem shall be via subsequent regularly scheduled ccCAD version releases, unless an earlier ccCAD release ("software patch") is agreed to by Vendor and the City. Level D Impact is defined as: Those situations where there is no impact or a de mmunus impact to the usefulness of the ccCAD software. For example, reproducible cosmetic issues relating to data entry or other non-critical application issues fall into this category. For Level D issues, Vendor will provide support on business days during the hours of 8:00am to 5:00pm (Eastem Time) and will respond within one (1) week of notification. ccCAD Software Support and Maintenance 4-7 Page 3 of 11 DRAFT Correction of Level D problems, if warranted, shall be via subsequent ccCAD version releases. Non-reproducible problems: Non-reproducible problems/issues will be monitored and Vendor shall continue to troubleshoot these problems on a best effort basis. 1.8 Vendor shall not be responsible for any problems related to unauthorized use of third party software with the ccCAD system. Vendor, at its discretion and if requested by the City in writing, may charge on a time and materials basis, to correct any such problems. 1.9 With respect to Level A problems, Vendor may, with the concurrence of the City, elect to send senior support or development staff to the City's location to accelerate problem resolution. Vendor shall be responsible for the costs associated with this escalated problem resolution, if the problem is determined to be related to supported ccCAD software. If it is determined that the problem was not related to the supported software, the City agrees to pay reasonable travel and lodging expenses in addition to Vendor's standard consulting rates (see "Additional Support Rates" in the Compensation section). Travel time will be charged at consulting rates, but all other time not spent troubleshooting the problem is not billable. 2. MAINTENANCE During the term of this agreement, Vendor will provide the City with copyrighted patches, updates, releases and new versions of the covered ccCAD software along with other generally available technical material. These maintenance materials including the software may not be used to increase the licensed number of versions or copies of the software. All patches, updates, release and new versions shall be subject to any license agreement related to the Software. 3. CITY'S DUTIES 3.1 City shall be responsible for: 3.1.1 Providing specific, detailed information regarding ccCAD software bugs in order to enable Vendor to determine the required course of action. Bugs which are not readily reproducible will be resolved by Vendor on a best effort basis, with the understanding that non-reproducible bugs may remain unresolved until the source of the problem can be identified. City is responsible to implement any reasonable instructions given by Vendor regarding the resolution of problems or bugs. 3.1.2 Security and accuracy of input/output data, operating procedures, audit controls, and restart and recovery routines. ccCAD Software Support and Maintenance 4-8 Page 4 of 11 DRAFT 3.1.3 All ccCAD data and system me backups, recommended to be performed on a daily basis. 3.1.4 Proper use and understanding of ccCAD and Microsoft Windows 2000/2003 and Active Directory System Administration in accordance with proper training and applicable manuals and instructions. 3.1.5 Loading all ccCAD updates. Release Notes are provided with each ccCAD update. At City's request, Vendor can provide assistance in loading new ccCAD releases. This service is available on a time and materials basis. 3.1.6 Obtaining and maintaining software support for all products which are used in conjunction with ccCAD, but are supported by other vendors: Pervasive SQL Server and Client software, Syrnantec PC Anywhere, Replistor, Ultrabac and Crystal Reports. Support and maintenance agreements for these products are outside the scope of this Agreement. 3.1.8 Coordination of City internal training and the training of City users. 3.1.9 Operations, administration, and maintenance of all ccCAD related software and hardware. This includes, but is not limited to, LAN, WAN, workstations, servers, Station Alerting/Tone Encoder, TDD, E911, Atomic Clock, and Uninterruptable Power Supply (UPS). 3.2 If City fails to fulfill their responsibilities listed above and Vendor performs any of these tasks, Vendor, at its discretion, will charge on a time and materials basis as set forth in this Agreements Compensation section. 4. TERM 4.1 This Agreement shall become effective July 1, 2005 ("Effective Date"). The Agreement's initial term shall run for a period of one (1) year from the Effective Date and shall automatically renew for four additional, consecutive one (1) year periods (until June 30, 2010). 4.2 Notwithstanding the paragraph above, City may terminate this Agreement at any time and for any reason, by giving specific written notice to Vendor of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfmished documents, software patches, delivered goods and other materials described hereinabove may be continued to be used by the City. Furthermore, the City shall be entitled to a refund of the prorated amount left on this Agreement, even if the Agreement is set to expire at a later date (i.e., City pre- paid and terminates with three months left on a one-year Agreement term - City should receive 25% refund of cost of Agreement). If the Agreement is ccCAD Software Support and Maintenance 4-9 Page 5 of 11 DRAFT terminated by City as provided in this paragraph, Vendor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, goods and other materials produced up until the effective date of such termination. Vendor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 5. TERMINATION OF AGREEMENT FOR CAUSE If, through any cause, Vendor shall fail to fulfill in a timely and proper manner Vendor's obligations under this Agreement, or if Vendor shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Vendor of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all [mished or unfinished documents, software, data, studies, surveys, drawings, maps, reports and other materials prepared or delivered by Vendor shall become the property of or may continued to be used by the City, and Vendor shall be entitled to receive just and equitable compensation for any goods delivered or any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Vendor's breach. 6. HOLD HARMLESS Vendor shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Vendor, and Vendor's employees, subcontractors or other persons, agencies or firms for whom Vendor is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Vendor, its employees, agents or officers, or any third party. With respect to losses arising from Vendor's professional errors or omissions, Vendor shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Vendor's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Vendor's obligations ccCAD Software Support and Maintenance 4-10 Page 6 of 11 DRAFT under this Section shall not be limited by any prior or subsequent declaration by the Vendor. Vendor's obligations under this Section shall survive the termination of this Agreement. 7. ERRORS AND OMISSIONS In the event that the City Administrator determines that the Vendor's negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Vendor shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 8. CONFIDENTIALITY Except as required by law (including the Califomia Public Records Act), each party will protect the other's Confidential Information from unauthorized dissemination and use with the same degree of care that each party uses to protect its own like information but in no event less than reasonable care. Neither party will use the other's Confidential Information for purposes other than those necessary to further the purposes of this Agreement. Neither party will disclose to third parties the other's Confidential Information without the prior written consent of the other party. The parties' obligations hereunder with respect to Confidential Information shall survive the expiration or earlier termination of this Agreement. Source code and source materials shall automatically be considered Confidential Information. 9. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, software applications and any other materials or properties produced under this Agreement shall become the property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Vendor in the United States or in any other country without the express written consent of City. Notwithstanding the foregoing, any Vendor pre-existing proprietary software, tools, methodologies, specifications, drawings, sketches, models, samples, records, documentation, works of authorship or creative works, general modules, algorithms, routines, classes, objects, methods, techniques, processes, generalized ideas, concepts, know how, methods or skills, including any of the foregoing which is gained or leamed during the course of Vendor's creation, installation and operation of the custom Intranet-based application (collectively, the "Pre-Existing Vendor Property") shall be and remain the sole property of Vendor. Vendor hereby grants to the City a non-exclusive, non-transferable, world wide permanent paid-up license to make, have made, use, have used, reproduce and modify the Pre-Existing Vendor Property as the ccCAD Software Support and Maintenance 4-11 Page 7 of 11 DRAFT same are incorporated into Vendor's work product for City, only for the purpose of City's internal use. 10. INSURANCE 10.1 Vendor represents that it and its agents and staff employed by it in connection with the products and services required to be delivered/performed, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: . Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage. . Commercial General Liability Insurance including Business Automobile and Errors and Omissions Insurance coverage in the amount of $1,000,000, combined single limit applied separately to each project away from premises owned or rented by Vendor, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). 10.2 Proof of Insurance Coverage . Certificates of Insurance. Vendor shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. . Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Vendor's Commercial General Liability Insurance Policy, Vendor shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the City's Risk Manager. 11. COMPENSATION 11.1 For performance of all of the Vendor's Duties by Vendor, as herein required, City shall pay, on an annual basis, an amount equal to one hundred twenty- eight thousand dollars ($128,000) (hereinafter "Annual Support Fee"). City shall pay the fee monthly based on 1/12 of the applicable Annual Support Fee for that year. 11.2 The Annual Support Fee for each subsequent year shall be based on the previous year's Annual Support Fee multiplied by an inflation factor which is ccCAD Software Support and Maintenance 4-12 Page 8 of 11 DRAFT tied to the Consumer Price Index. No single-year increase shall exceed five percent (5%). The CPI to use shall be the All Urban Users (CPI-U) indicated by the "All items" index under "Expenditure Category" within the table called "San Diego, CA Semiannual News Release" for the most recent twelve (12) month period for which data is available. If the CPI decreases, the Annual Support Fee shall be reduced accordingly (with no limit on the amount of the decrease). 11.3 Additionally, separate charges may apply for work requests beyond the scope of this Agreement. For those items, Vendor may charge on a time and materials basis as set forth below (with an allowance for annual inflationary increases which shall be calculated using the formula set forth in the previous paragraph). If a work request requires a Vendor representative to be on site in Chula Vista, then all reasonable travel expenses shall be billed at cost, but according to the guidelines set forth below: Additional Support Rates . City shall pay Vendor for the productive hours of time spent by Vendor at a rate of one hundred forty-five dollars ($145) per hour per person. Only those individuals needed to complete the work request, in City specified time frame, shall be utilized. . Hotel accommodations will be reimbursed at cost, but may not exceed one hundred twenty-five dollars ($125) per night. . Airfare will be reimbursed at cost for the lowest available coach airfare. To determine the lowest available coach airfare, the date Vendor agreed to perform the out-of-scope work request shall be used as a benchmark. . Meals will be reimbursed at cost, up to a maximum of thirty five dollars ($35) per day per person. 11.4 All billings submitted by Vendor shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper. 12. ADMINISTRATION OF CONTRACT Each party designates the individuals ("Contract Administrators") indicated below as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. City: Louie Vignapiano, Director of Management and Information Services, 276 Fourth Avenue, Chula Vista, CA 91910, (619) 476-5319 Vendor: Sam Hirsh, Vice President, Cross Current - New Hope, PA, 100 Union Square Drive, New Hope, PA 18938, Phone: 215-862-6006, fax 215-862- 7271 13. GENERAL ccCAD Software Support and Maintenance 4-13 Page 9 of 11 DRAFT 13.1 Assignabilitv. The services of Vendor are personal to the City, and Vendor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. 13.2 Independent Contractor. City is interested only in the results obtained and Vendor shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Vendor's work products. Vendor and any of the Vendor's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Vendor shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 13.3 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against the City unless a claim has first been presented in writing and flIed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Vendor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 13.4 Attomev's Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attomey's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 13.5 Vendor Not Authorized to Represent City. Unless specifically authorized in writing by City, Vendor shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. 13.6 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with retum receipt requested, at the addresses identified herein as the places of business for each of the designated parties. ccCAD Software Support and Maintenance 4-14 Page 10 of 11 DRAFT 13.7 Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 13.8 Caoacitv of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 13.9 Governine: Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as pos~ible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. IN WITNESS WHEREOF, City and Vendor have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: CITY OF CHULA VISTA By: Stephen C. Padilla, Mayor Dated: I ,20_ Approved as to form: Attest: Ann Moore, City Attorney Susan Bigelow, City Clerk CROSS CURRENT CORPORATION By: ~mv ,$If9'~ Sam Hirsh, Vice President Dated: ~ ~ ,20L) ccCAD Software Support and Maintenance 4-15 Page 11 of 11 COUNCIL AGENDA STATEMENT .; Item 5 Meeting Date: 7/12/05 ITEM TITLE: Resolution accepting bids and awarding the contract for the "Main Street Widening" project in the City ofChula Vista, California (PC-I 664)". SUBMITTED BY: City Engineer~~ REVIEWED BY: City Mana~ (4/5ths Vote: Yes_.1LNo~ On June 28, 2005, the City Engineer received sealed bids for the "Main Street Widening (PC-1664)" project. Approval of this resolution will award the contract to Kirk Paving, Incorporation. The work to be done includes the following: excavation and grading, removal and disposal of existing improvements, construction of concrete and landscaped median, pavement overlay as needed, pavement striping and marking, traffic control, installations and modifications of traffic signals, and protection and restoration of existing improvements. The work also includes all labor, material, equipment and transportation necessary for the proj ect. RECOMMENDATION: That Council award the contract for the ""Main Street Widening" project in the City of Chula Vista, California (PC-l 664)" to Kirk Paving, Inc. in the amount of $ 453,170.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The "Main Street Widening" Capital Improvement Project (CIP), in a coordinated effort with Yacoel Properties (the Developer of the adjacent "Crossings" Shopping Center), aims to beautifY Main Street and encourage the continuing development of the area. Council approved CIP RD-244 on June 17, 2003 by Resolution 2003-278, which adopted the City's CIP Program for fiscal years 2004 and 2005. The CIP modifies existing, and constructs additional, medians and parkways to allow for landscaping. The project also includes modifications to the traffic signal at Oleander Avenue and Main Street, and a signal installation at Main Street and the future access to the Crossings shopping center, to enhance traffic circulation in the developing Otay Valley Community. Adjacent to the RD-244 work zone is The Crossings Shopping Center project (Crossings). The City approved Tentative Parcel Map (TPM) 04-08 for the Crossings located at 4501 Main Street on October 12,2004 subject to conditions of approval. Since then, the City has agreed to a Parcel Map Improvement Agreement (PMIA) with the Developer on March 3, 2005. As part of the conditions of the TPM and PMIA for the Crossings, street widening and landscape improvements were required of the Developer. In order to achieve the greatest impact with both the City's redevelopment funds and the Developer's funds, the City and Developer agreed to coordinate the construction of their respective projects. Therefore, as part of the PMIA, the City agreed to construct improvements along Main Street, the cost of which is not to exceed Five Hundred Thousand Dollars ($500,000), under RD-244. The original scope of RD-244 was enhanced to incorporate the landscaping responsibilities placed upon the Developer in order to achieve a more visually cohesive landscape palette along Main Street for the lowest possible cost. However, a bid alternative replacing all of the proposed landscaping with hydro seeding was also advertised in case the proposed landscaping costs put the project significantly 5-1 Page 2, Item Meeting Date 7/12/05 over budget. In return, the Developer agreed in the PMIA that any costs above and beyond the City approved $500,000 would be the sole responsibility of the Developer. City staff has reviewed and approved the plans and specifications and has advertised the project. Staff received and opened bids on June 28, 2005. The City received bids from five contractors as fo\1ows: CONTRACTOR BID AMOUNT BID AMOUNT Hvdroseed Alternative 1. Kirk Paving, Inc., Lakeside, CA $ 669,070.00 $ 453,170.00 2. Scheidel Contracting & Engineering, Inc., La Mesa, CA $ 726,487.50 $ 556,487.50 3. Hammer Construction & Development Co., Chula Vista, CA $ 732,679.20 $ 562,169.20 4. Heffler Company, Inc., National City, CA $ 872,825.00 $ 821,825.00 5. HMS Construction, San Marcos, CA $ 1,070,900.00 $ 866,900.00 As advertised, the City has the right to remove the landscaping from the contract and replace it with hydroseeding. The City Engineer recommends awarding the contract using the "Hydroseed Alternative" bid amount in order to be within the available project budget. As a result, the Developer is moving forward to enter into a contract with a landscaping company as conditioned to insta\1 the ultimate landscaping improvements. Eliminating the landscaping portion of the bid and using the "Hydroseeding Alternative" the low bid by Kirk Paving, Inc. is within the Engineer's estimates. The engineer's estimate was based on average prices for similar work. City staff has verified the references provided by the contractor and their work has been satisfactory. The Contractor's License No. 749206 is current and active. City staff has reviewed the low bid and recommends awarding the contract for $453,170.00 to Kirk Paving, Inc. of Lakeside, California. Disclosure Statement Attached (see Attachment "B") is a copy of the contractor's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class I (c) of the California Environmental Quality Act (Existing Facilities). Wage Statement Contractors bidding this proj ect are required to pay prevailing wages to persons employed by them for the work under this project. In addition, special minority or women owned business requirements were necessary as part of the bid documents. FISCAL IMPACT: In addition to the contract before Council tonight, the City has incurred project costs associated with the advance procurement of traffic signal equipment. 5-2 Page 3, Item Meeting Date 7/12/05 The total project cost is summarized below: Available CDBG funds (Fund # 651) $500,000.00 Current contract amount $ 453,170.00 Advance Traffic Signal Equipment purchase (P.O. No. P25788) $ 45,026.00 Total Project Cost: $498,196.00 Staff costs including project administration and inspection to be borne by City Cll' $1,804.00 Remaining Funds $0.00 Any incidental costs and City staff costs incurred during the construction of the project, above and beyond the aforementioned $1,804.00, will be the sole responsibility of the Developer as previously agreed. Upon completion of the project, the Developer is required to maintain median and parkway landscaping per a separate agreement between the City and the Developer. There will be no impact to the General Fund. Attachment: Contractor's Disclosure Statement J :\Engineer\AGENDA \CAS2005\ 7 -12-05\PC t 664-A t 13 .doc 5-3 I ~ f r I l ! ~ , , , ~. ~' f: ATTACHMENT CITY OF CHULA VISTA DISCLOSURE STATEMENT uant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the . uncil, Planning Commission and all other official bodies of the City, a statement of disclosure of certain : ership or financial interests, payments, or campaign contributions for a City ofChula Vista election must - filed. The following information must be disclosed: List the names of all persons having a [mancial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. N(A If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. N/A If any person' identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N / A Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. N/A 1 Has any person' associated with this contract had any financial dealings with an official" of the City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No-t- N/A 48 J: \Engineer\LANDDEy\Proj ects\M iscellaneous Projects\Crossings _ at_ Main\bid _package\H UD pc 1664.doc 5-4 If Yes, briefly describe the nature of the financial interest the official" may have in this contract. N/A Have you made a contribution of more than ~::l0 within the past twelve (12) months to a current member of the Chula Vista City Council? NOA Yes_ If yes, which Council member? NIl+.. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (ThiXcludes 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? N/A Date:~ T Print or type name of Contractor/Applicant Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 5-5 DRAFT RESOLUTION NO. 2005-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT FOR THE MAIN STREET WIDENING PROJECT (PC-1664) WHEREAS, on June 28, 2005, the City Engineer received five sealed bids for the Main Street Widening project (PC-1664); and WHEREAS, five contractors submitted bids to perform the work as follows: REDUCED CONTRACTOR BASE BID AMOUNT ALTERNATE BID AMOUNT 1. Kirk Paving, Inc., Lakeside, CA $ 669,070.00 $ 453,170.00 2. Scheidel Contracting & Engineering, Inc., La Mesa, CA $ 726,487.50 $ 556,488.50 3. Hammer Construction & Development Co., Chula Vista, CA $ 730,580.50 $ 562,169.50 4. Heffler Company, Inc., National City, CA $ 872,825.00 $ 821,825.00 5. HMS Construction, San Marcos, CA $1,070,900.00 $ 866,900.00 WHEREAS, as advertised, the City has the right to remove the landscaping from the contract and replace it with hydroseeding; and WHEREAS, the source of funding for this project is Community Development Block Grant funds (CDBG), therefore contractors bidding on this project are required to pay prevailing wages to persons employed by them as well as comply with applicable minority and women- owned business requirements; and WHEREAS, Engineering staff checked the references provided by Kirk Paving, Inc. and all references were verified and their work has reportedly been satisfactory; and WHEREAS, staff has reviewed the low bid and recommends awarding the contract to Kirk Paving, Inc. of Lakeside, California for $453,170; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class 1 (c) of the California Environmental Quality Act (Existing Facilities); and 5-6 DRAFT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the bids and award the contract for the accept bids and award a contract for the "Main Street Widening Project" (PC-1664) to Kirk Paving, Incorporated, in the amount of 453, 170. Presented by Approved as to form by Alex AI-Agha City Engineer ~ If ft- Ann Moore City Attorney attorney\reso\bidslmain street widening. doc 5-7 COUNCIL AGENDA STATEMENT Item (g Meeting Date 7/12/05 ITEM TITLE: Resolution Granting a 24 foot wide private access and utility easement over City owned property to Mr. Edgar Herrera, owner of two land locked parcels located North of the intersection of First Avenue and D Street SUBMITTED BY: City Engineer ~ City Mana~r (4/5ths Vote: Yes_No.xJ REVIEWED BY: Recently, the City received two building permit applications from Mr. Edgar Herrera for single-family residential homes on landlocked parcels located north of the intersection of First Avenue and D Street. Before these building permits can be approved, Mr. Herrera must obtain legal access to a public street in the form of a private access and utility easement over the adjacent property owned by the City. RECOMMENDATION: That Council adopt the subject resolution granting a 24 foot wide private access and utility easement over City owned property to Mr. Edgar Herrera, property owner of two landlocked parcels located north of the intersection of First Avenue and D Street and 'authorizing the Mayor to execute the easement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. There are a total of six residential zoned landlocked parcels located just north of the intersection of First A venue and D Street (see Exhibit "A"). To access these parcels from a public street, one must cross two privately owned properties at 99 D Street and 83 Minot Avenue and a City owned parcel that is 40 feet wide by approximately 840 feet long. The City's parcel is also landlocked except for a sewer easement over the property at 99 D Street. There is an existing 8-inch sewer main that runs from First Avenue, across 99 D Street and continues along the City owned parcel north to a connection point at the Spring Valley Interceptor. One of the six landlocked parcels at 89 First Avenue, closest to D Street has an existing residence with legal access easements to a public street. Recently, the City received building permit applications from Mr. Herrera for two single-family residences on two of the six landlocked parcels. The Engineering Department denied these permits due to lack of legal access to a public street. Mr. Herrera requested staff to determine what the requirements would be to obtain legal access and eventual approval of the building permits. The request was brought up in a department head meeting (DOT's) to determine if there were any reasons why the City could not grant access to the landlocked parcels. The DOT's team discussed future access needs to other City owned parcels further to the north and determined there may be a need for a future public access link from First Avenue. Upon further review with the City Attorney and City Manager's offices, Engineering staff developed a list of requirements for the applicant in exchange for the 24- foot wide private access and utility easement over City owned property. The requirements are as follows: I) Provide proof, by means of recent Preliminary Title Reports from the properties in question, that the parcels are indeed landlocked and do not possess any legal means of access to a public street. 2) Provide evidence in the form of recorded private access and utility easements from the two private residences at 99 D Street and 83 Minot Avenue to all five of the vacant landlocked parcels 6-1 Page 2, Item & Meeting Date 7/12/05 to ensure that development of any one of these parcels will not exacerbate the landlocked status of the other parcels. 3) Execute an Irrevocable Offer of Dedication (IOD) for Street and Public Utility Purposes over the parcel frontage in a width suitable for future public street dedication. 4) Enter into a Deferral Agreement with the City and provide sufficient security for the future installation of public street improvements along the subject parcels. 5) Install improvements over the easement area in the form of asphalt paving, drainage and a fire hydrant to the satisfaction of the City Engineer in order to provide emergency access and fire protection and to protect City property and the existing public sewer main. The applicant has satisfied or has committed to satisfy each of these requirements. If Council concurs with the above listed requirements and approves granting the private easement over the City owned parcel, the City's Engineering Department will ensure that all requirements are met prior to recording the easements and approving the building permits. The private easement document has been reviewed by the City's Engineering Department and approved by the City Attorney's office (see Exhibit "B"). FISCAL IMPACT: There is no cost to the General Fund. Exhibit: A - Area Plat B - Easement Plat and Legal Description H:\ENGINEER\RESOS\Resos200sn-12-05/pD 16 Herrera easmt.doc 6-2 ,,: o W z.....J SW o~ >-<( 1-0.. () ~~ll~~ 711 5~ (5 . ~ tIl ~ ol!I ~ ~ III "" - r:.:. @) .!e 41 U "" ell ~ "d 41 .!II u 0 ::a Iii = ...J ell f- ~ F= .. B en $I 0 z <C I- - m - J: X ciiUJ w 5 z Iii ~ c ::;j en > co c w c:: a: w c:: a. S 71012'00" W 24.00' EXHIBIT "B" .,~ \ ~ SCp..\-t.. 17'7 /"711NDICATES ACCESS LL/ /..LJ eASEMENT AReA 1 QUARTER LA NAC/ON GRANTED TO THE CITY OF CHULA VISTA BK 759B, PG 460, APRIL 10, 1959 SECT/ON 125 N 18041'40" W 43.67' N 08048'35" E 8.66' N 18041'40" W 51.97' N 70018'00" E 30.00' T.p.a.B. S 71018'20" W 12.00' N 18041'40" W 49.55' N 08048'35" E 60.63' N eASTERL Y LINE OF WESTERLY 40' OF THE eASTERLY 1/2 OF 80 ACRE LOT 1 N ~~<\ ~<\~ . ~ N SOUTHeAST CORNER OF THE WESTERLY 1/2 OF BO ACRE LOT 1 SOUTHERLY LINE OF THE WESTERLY HALF OF 80 ACRE LOT 7 t1~ CUAd... HERMAN W. BATEMAN, P.L.S. . 4605 DRAWING FILE: 1 StAve&DStEE:.dw WN Y: HERMAN BATEMAN, PLS 4605 DA TE: SHEET: 7-5-05 2 OF 2 CITY OF CHULA VISTA GRANTING AN tt-ffESS EASEMENT ACCESS EASEMENT APN; 566-131-14 That portion of the Easterly half of 80 Acre Lot 1 in Quarter Section 125 of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to the Map thereof No. 166, recorded in the office of the County Recorder of San Diego County May 11,1869, described as follows: Beginning at the Southeasterly Comer of Lot 25 ofEl Rancho Villas, according to the Map thereof No. 2376, being also a point on the Southerly line of the Westerly half of said 80 Acre Lot I, which is South 71"12' West 91.96 feet from the Southeasterly comer thereof: thence North 71 "12' East along said Southerly line a distance of 40.00 feet; thence northerly along a line drawn parallel with and 40.00 feet Easterly at right angles from the following described courses in the Easterly boundary line of said El Rancho Villas, North 19"42' West; thence North 08"48'35" East to a point on the Easterly line of the Westerly 40.00 feet of the Easterly half of said 80 Acre Lot 1; thence North 18"41 '40" West along said Easterly line 26.50 feet to the TRUE POINT OF BEG1NNING; thence South 71 "18'20" West 12.00 feet; thence South 18"41' 40" East 49.5 5 feet to the Easterly line of the land deeded to the City of Chula Vista, Recorded April 10, 1959 in Book 7598 page 460 of official records; thence South 08"48'35" East along said Easterly line a distance of 60.63 feet to the Westerly line of the Easterly half of said 80 Acre Lot 1; thence North 18"41 '40" West along said Westerly line 51.97 feet; thence North 08"48'35" West 8.66 feet to a point which is 4.00 feet easterly measured as right angles to the Westerly line of said Easterly half of 80 Acre Lot 1; thence North 18"41 '40" West parallel with said Westerly line a distance of 43.67 feet; thence North 05"11 '55" West 51.42 feet to a point which is 16.00 feet Easterly measured at right angles to said Westerly line; thence North 18"41' 40" West parallel with said Westerly line a distance of 261.30 feet to a point which is 570 Northerly of the Southerly line of said 80 Acre Lot 1; thence North 71 "12' East 24.00 feet to the Easterly line of the Westerly 40.00 feet of the Easterly half of said 80 Acre Lot 1; thence South 18"41 '40" East 311.35 feetto the TRUE POINT OF BEGINNING. July 5, 2005 4~~.< ru'~LLI HERMAN W. BA MAN, P.L.S. 4605 6-5 DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A TWENTY FOUR FOOT WIDE PRIVATE ACCESS AND UTILITY EASEMENT OVER CITY OWNED PROPERTY TO MR. EDGAR HERRERA, OWNER OF TWO LAND LOCKED PARCELS LOCATED NORTH OF THE INTERSECTION OF FIRST A VENUE AND D STREET WHEREAS, the City of Chula Vista is considering granting a twenty-four (24) foot wide private access and utility easement to Mr. Edgar Herrera, owner of two land locked parcels located north of the intersection of First Avenue and D Street; and, WHEREAS, the aforementioned private access and utility easement was requested by Mr. Edgar Herrera in order to constmct two single family residential homes on landlocked parcels; and, WHEREAS, the Engineering Department cannot approve the building permit applications for Mr. Hererra until the subject parcels have legal access to a public street; and, WHEREAS, in order to grant private easements over City owned land, Council must adopt a resolution approving the easement and the Mayor must execute said easement; and, NOW, THEREFORE, BE IT RESOLVED that after consideration, the City Council of the City of Chula Vista does hereby approve the twenty-four foot wide private access and utility "asement over City-owned property to Mr. Edgar Herrera in order to access two landlocked parcels located north of the intersection of First Avenue and D Street to Mr. Edgar Herrera more particularly described in the easement document (Exhibit A). BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute said easement. Presented by Approved as to form by Alex Al-Agha City Engineer &1:f4___ City Attorney J:\Engineer\AGENDA\Resos\Resos2005\7_12_05\Pvt Esmnt to Herrera.doc 6-6 EXHIBIT "A" ACCESS EASEMENT APN; 566-131-14 That portion of the Easterly half of 80 Acre Lot I in Quarter Section 125 of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to the Map thereof No. 166, recorded in the office of the County Recorder of San Diego County May II, 1869, described as follows: Beginning at the Southeasterly Comer of Lot 25 ofEl Rancho Villas, according to the Map thereof No. 2376, being also a point on the Southerly line of the Westerly half of said 80 Acre Lot I, which is South 71012' West 91.96 feet from the Southeasterly comer thereof: thence North 71012' East along said Southerly line a distance of 40.00 feet; thence northerly along a line drawn parallel with and 40.00 feet Easterly at right angles from the following described courses in the Easterly boundary line of said EI Rancho Villas, North 19042' West; thence North 08048'35" East to a point on the Easterly line of the Westerly 40.00 feet of the Easterly half of said 80 Acre Lot 1; thence North 18041 '40" West along said Easterly line 26.50 feet to the TRUE POINT OF BEGINNING; thence South 71018'20" West 12.00 feet; thence South 18041 ' 40" East 49.55 feet to the Easterly line of the land deeded to the City of Chula Vista, Recorded April 10, 1959 in Book 7598 page 460 of official records; thence South 08048'35" East along said Easterly line a distance of 60.63 feet to the Westerly line of the Easterly half of said 80 Acre Lot I; thence North 18041 '40" West along said Westerly line 51.97 feet; thence North 08048'35" West 8.66 feet to a point which is 4.00 feet easterly measured as right angles to the Westerly line of said Easterly half of 80 Acre Lot I; thence North 18041 '40" West parallel with said Westerly line a distance of 43.67 feet; thence North 05011 '55" West 51.42 feet to a point which is 16.00 feet Easterly measured at right angles to said Westerly line; thence North 18041 ' 40" West parallel with said Westerly line a distance of 261.30 feet to a point which is 570 Northerly of the Southerly line of said 80 Acre Lot 1; thence North 71012' East 24.00 feet to the Easterly line of the Westerly 40.00 feet of the Easterly half of said 80 Acre Lot I; thence South 18041 '40" East 311.35 feet to the TRUE POINT OF BEGINNING. July 5, 2005 4~~.< 0.Su~ HERMAN W. BA MAN, P.L.S. 4605 6-7 COUNCIL AGENDA STATEMENT 1 Item Meeting Date 7/12/05 ITEM TITLE: Resolution Ordering the Summary Vacation of a portion of a landscape easement located within Lots 1,2 and 3 of Map No. 14395 in the in Eastlake Business Center. SUBMITTED BY: City Engineer ~ City Manag~ (4/5ths Vote: Yes_NoX) REVIEWED BY: Eastlake Business Center II requested to vacate a portion of public right-of-way within the cul-de-sac of properties located at 820, 821 and 841 Harold Place in Eastlake Business Center. Council approved this vacation on May 10th, 2005. This vacation has left a portion of an appurtenant landscape easement unneeded for public use (see attachment). RECOMMENDATION: That Council adopt the resolution BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: On February 2,2005, Eastlake Business Center II, owner of properties located at 820, 821 and 841 Harold Place, submitted an application to the City to vacate a portion of a public cul-de-sac adjacent to their property. This portion of the cul-de-sac was vacated by City Council Resolution on May 10, 2005. This vacation rendered a portion of an existing appurtenant 5.5 foot wide Landscape Easement un- necessary and resulted in the need to acquire an additional Landscape Easement to accommodate the relocation of the remaining landscape area to conform to the new cul-de-sac. The owner has provided the City with an Easement Deed conveying the additional easement area to the City. Chapter 4, Section 8332(b) of the California Streets and Highways Code states that the legislative body of a local agency may summarily vacate a public service easement if the date of dedication or acquisition is less than five years old and more than one year, immediately preceding the proposed vacation and the easement has not been used continuously since that date. The subj ect landscape easement meets the requirements of this Section. Additionally, Section 8332 (c) provides that a public service easement can be summarily vacated if the easement has been superceded by relocation and there are no other public improvements located within the easement. This easement is being relocated as a part of the previous street vacation and there are no existing public improvements involved. The City Engineer has approved street improvement plans (Chula Vista Drawing No. 05016) for the new relocated cul-de-sac and the applicant has secured the work through bonding. The City Engineer has also accepted the dedication of an easement for the relocated cuI de sac. 7-1 Page 2, Item Meeting Date 7/12/05 FISCAL IMPACT: The costs related to the processing of this request for vacation and associated construction plans are being paid for by a deposit of monies by the applicant under the City's Full Cost Recovery System. No net impact to the General Fund. Attachment - Plat showing vacation J :/Engineerl AGENDAlCAS200sn ~ 12-05JHarold Place landscape vacation.doc 7-2 , ATTACHMENT ~!lJ; ~~ 000 ceo , \ :z It) I '. "' -< O' '1/1395 3\:i ~I- :!,.'c -, ~ S,,}S7;>. \ \ 01/::i 7." 0". \ 1. Ca , 1l'><Io ~~ ~ \0 _~----..... .:: _/-OJ "'11> !:In', "'.--- . ..... u ,u POINT "A" L20 !:I ::;/ C4 J) CrJ '- ! POB PARCEL TWO &: 1 i.'I ROW ABANDONMENT<o ~ ".",t;!- ~ ~ .~ 5,5' LANDSCAPE EASEMENTu Ig;l-- c",,o....~ 8 I PER MAP NO, 14395 '" 'OJ TO BE ABANDONDED I~J I N !:'!I cobw I " ..J'O <0 \ ~IM w.J ,~ ~B~:~I~ ~ ~ g ..J\ I -I. to. o <( \ Cl... "'I~ \ N "" , 0 ~W , POB lANDSCAPE ~: -I; ~ L 7 EASEMENT -----..... Sl ~ 0 ,8 ~ N8T54'g~"w _~. n' e:::: g; a: 442.71' N88'33'24"W(R) Ul ~ 5 ~ N 88'31 'OO"W(R ""I :s "POCO PARCEL ONE, TWO, U) ROW ABANDONMENT .I< ' ~ LANDSCAPE EASEMENT co "POB" lANDSCAPE I ABANDONMENT i I /"d,n'-:'_':':'iJ4:::,7<)"_':,(>:'1:~'i '\?,:\ht:ml!-IECi'if.D,ld! '. ','-0;)" ."c"_~ , w ~Iro . cx:r 01 . o i"1" 0'" z ," .,,/e?, - --. ell /,// ''/ ! I i I I H DEDICATION PARCEL TWO 1040::1: SF ~w KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC, 1233 Ouany Lan.. sui" 145 (925) U-9-i555 - Pleasontoa.. CcJlfomto US66 Fax (92.5) 2.049-656.3 .......', , LOT ? P ARCF"l MAP NO, '14395 "," , \ , C \', ~.'5o eASEI'I1tEN7 ~ To /3€' VACATCD I: .....t!88.31.00..W _ _ rr 383.75' L17 POB PARCEL ONE DEDICATION PARCEL ONE 1 040:1: SF lOT 3 PARCF"l MAP NO, '14395 I I ~ S88'31'OO"E(R) S88'31'OO"E(R) 5.5' LANDSCAPE EASEMENT PER MAP NO. 14395 SHEET 1 OF 2 EXHIBIT "B" RIGHT-OF-WAY ABANDONMENT AND DEDICATION HAROLD PLACE CllUU VIS'l'A. SAIl DIEGO COUN'l'Y CWFOIllII! SCALE 1" = 40' DATE OCT" 20M BY TK JOB NO, ..1.04579 7-3 LINE TABLE LINE LENGTI-I BEARING L1 50.00 S12i7'S3"E L2 50.00 N15'S'S3"E L3 33.30 S01'29'OO"W L4 37.79 S1Si 5'S3"W L5 37.79 N12'7'S3"W L6 33.24 N01'29'OO"E L7 12.21 S1217'S3"E L8 88.99 SOl'29'OO"W L9 50.00 S10'54'S3"E UO 50.00 N13'52'53"E L11 88.99 N01'29'OO"E L12 12.21 N1515'53"E U4 SO.OO S13'52'53"W US 50.00 N10'S4'S3"W U7 237 S01'29'OO"W L18 50.00 S13"52'S3"W U9 SO.OO N10'S4'S3"W. L20 2.37 N01'29'OO"E L21 119.92 N01 "29'OO"E L22 50.00 S15iS'S3"W L23 119.92 N01'29'OO"E CURVE TABLE CURVE RADIUS DELTA LENGTI-I C1 84.S0 13"44'29" 20.27 C2 57.50 207'33'46 " 208.30 C3 84.50 13'46'53" 20.32 C4 52.00 207"33'46 " 188.38 C5 90.00 13'46'53" 21.65 C6 84.50 12':23'54" 18.29 C7 55.50 204'47'46- 198.38 C8 84.SO 12"23'53- 18.28 C11 50.00 204'47'46" 178.72 C13 52.00 87'37'34" 79.53 C14 90.00 12'23'53- 19.47 C15 SO.OO 204'47'46" 178.72 C16 90.00 12':23' 53" 19.47 C20 5200 59'58'06- 54.43 C21 84.S0 13'46'53- 20.32 SIIIlE'l' 2 OF 2 :t ;'0"01 \/',01:J:"<:"j,j.\(;.J'"'17') ~{.\8,-.,'Jnr.1~JHFi'n,D\YI_i _ ,; " ;:'un:J r"):;,!_~1 '{ r'P,' !-,,: j EXHIBIT "B" SCALE 1- = 40' , KIER &: WRIGHT RIGHT-OF-WAY DATE OCT" 2004 CIVl~ ENGINEERS &: SURVEYORS. INC, ABANDONMENT AND DEDICATION 1233 Q-.y I.mIe, sullo l.os (025) 2.0-6555 HAROLD PLACE BY TlC PI....nlon. CoII,....I. 9_6 '<l1l (925) 249-6563 A04579 C1!lJ1.A VISTA, SAN DIllGO COUNTY CALIFOllNI! JOB NO, 7-4 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF PORTION OF LANDSCAPE EASEMENT LOCATED WITHIN LOTS 1,2 AND 3 OF MAP NO, 14395 IN THE EASTLAKE BUSINESS CENTER WHEREAS, the City of Chula Vista has been asked to considering the summary vacation of a portion of a Landscape Easement located within Lots 1,2 and 3 of Map No. 14395 in the Eastlake Business Center; and WHEREAS, the affected portion of the aforementioned Landscape Easement is no longer needed for public use due to the previous vacation and relocation of the Harold Place cul-de-sac (see Council resolution 2005-142); and WHEREAS, Chapter 4, Section 8332 (b) of the California Streets and Highways Code states that the legislative body of a local agency may summarily vacate a public service easement if the date of dedication or acquisition is less than five years old, and for more than one year immediately preceding the proposed vacation and the easement, it has not been used continuously since that date; and WHEREAS, Section 8332 (c) of that same Code section provides that a public service easement can be summarily vacated if the easement has been superceded by relocation and there are no other public improvements located within the easement; and WHEREAS, the subject landscape easement meets the requirements of both Street and Highway Code sections; and WHEREAS, in order to vacate, the City Council must adopt a resolution ordering the summary vacation of the subj ect portion of the aforementioned Landscape Easement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, after considering the evidence submitted, does hereby find that the subject portion of the Landscape Easement located within Lots 1, 2 and 3 of Map No. 14395 in the Eastlake Business Center (see Exhibit B), is unnecessary for present or prospective public use. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby order the summary vacation of the Landscape Easement located within Lots 1,2 and 3 of Map No, 14395 in the Eastlake Business Center (Exhibit B). 7-5 DRAFT 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 Approved as to form by ~(,~ Alex Al-Agha City Engineer Ann Moore City Attorney attorneylresoleasementslEast/ake business center landscape easement.doc 7-6 . ATTACHMENT POINT "A' L20 POB PARca TWO & ROW ABANDONMENT", 5.5' LANDSCAPE EASEMENT&" ,'i;;""f-.-' PER MAP NO. 14395 Ii] 1;:1 TO BE ABANDONDED {J' '~l DEDICATlON",bW PARGa TWO ...1'0 1040:1: SF \ .-: ~I~ L.l..J ~B~'~I-' ~ ..1\ I --' \ I c... \ 0 , POB LANDSCAPE ~I --' EASEMENT --............ :2'\ 0 N87'54'g~"W _ ~ ~' ~ 442.71' NS8"33'24"W(R) ~ N88'31'OO"W(R 'POC' P ARca ONE, TWO, ROW ABANDONMENT &: lANDSCAPE EASEMENT 'POB' LANDSCAPE I ABANDONMENT r I :,. ,~;(!(l.; "':"'04:1 79"', ::,n.~') -:'''1 !\?N.DmU-I(j\j r .o,jj f I .; /! ;, ,In[).~ I w ':.t-I- o 00 - 00 O"l . "'10 , .... 0"'" z ,,' -/C? . "-" , -- r / ell / ,/// /1 / I \\ -....... '. LOT ? PAR CEL MAP NO. 1Lt395 , '\.' \\, , , \ \'" . ... "'. ..l ..1\ , ., <';,'50 CA'5E/'I1€N7 C ~ 70 '3€ V""CA7ED J: 2!88'31'OO"W _ _ rr- 383.75' .). - '0 ,- ..J L17 POB P ARea ONE DEDICA llON PARcaONE 1040:1: SF L7 LOT 3 PARCEL tvlAP NO. 14395 U) Vi < CD S8S'3,'OO"E(R) S8S'31 'OO"E(R) --J 5.5' LANDSCAPE EASEMENT PER MAP NO. 14395 I I ?:l:?"':!1:~ !-'1-1 t ':', [ SHEET 1 OF Z EXHIBIT ~'B'" SCALE 1" = 40~ f KIER & WRIGHT RIGHT-OF-WAY DATE OCT., 2004 CIVIL ENGINEERS & SURVEYORS, INC, ' ABANDONMENT .AND DEDICATION TIC 1233 Quony Lan.. sulh: US (925) "149-6555- HAROLD PLACE BY ' Plea$Clnfon.. CalifornIa U566 F"ax (9-25) 249--655.3 SAN DIEGO COlJN!'Y CALlFORll!! JOB NO. .1.04579 CIlULl. VISTA. 7-7 UNE TABLE UNE LENG1H BEARING L1 50.00 S12'17'S3"E L2 SO.OO N1S'15'S3"E L3 33.30 S01'29'OO'W L4 37.79 S1S'1S'S3"W L5 37.79 N12'17'S3"W L6 33.24 N01'29'OO"E L7 12.21 512'17' S3"E L8 88.99 SOl'29'OO"W L9 50.00 S10'54'S3"E Ll0 50.00 N13'S2'53"E Ll1 88.99 N01'29'OO'E L12 12.21 N15'5'53"E L14 50.00 S13'52'53"W L15 50.00 N10'54'S3'W L17 2.37 SOl "29'00'W L18 50.00 S13'S2'S3"W L19 SO.OO Nl0'S4'S3'W. L20 2.37 N01'29'OO"E L21 119,92 N01'29'00"E L22 SO.OO S15'15'S3"W L23 119.92 NOl "29'00"E CURVE TABLE CURVE RADIUS DELTA LENG1H C1 84.S0 13'44'29" 20.27 C2 57. SO 207'33'46" 208.30 C3 84.S0 13'46'S3" 20.32 C4 52.00 207"33'46" 188.38 CS 90.00 13'46'S3" 21.65 C6 84.50 12'23'54' 18.29 C7 S5.S0 204'47'46" 198.38 C8 84.50 12'23'S3" 18.28 Cll SO.OO 204'47'46" 178.72 C13 S2.00 87'37'34" 79.S3 C14 90.00 12'23'S3" 19.47 C15 SO.OO 204'47'46' 178.72 C16 90.00 '2'23'S3" 19.47 C20 52.00 59'S8'OS" 54.43 C21 84.50 13"46'S3' 20.32 S1IEET 2 OF 2 . i~O'-:4 \ii01:I;rj-,/\().1'1;'-] -f-\B':.,~JnOl'U4FN.r .DiN"!..:; " l-i,';:'Uil:J ?1;1~H"{ !"'i" f'''; 1 EXHIBIT "'B" SCALE 1- = 40' ~ KIER &: WRIGHT .. RIGHT-OF-WAY DATE OCT" 2004 CML. ENG1NEERS &: SURVEYORS, INC. ABANDONMENT AND DEDICATION TIC 1233 Q"""l' Lana, ouII. I~ (~25) 249-6555 HAROLD PLACE BY P1_an!vn, Collfomla 9_6 Fa:< (925) 249-6563 Cll1JL.l 'IIS'U, SAN DIJ!Gll COUNTY c.wF01INIA JOB NO, A04579 7-8 Page 1, Item a Meeting Date 7tt.zios COUNCIL AGENDA STATEMENT ITEM TITLE: A. Resolution of the City Council of the City ofChula Vista, California adopting a boundary map showing the boundaries of the territory proposed to be included in Community Facilities District No. 12-1 (McMillin-Otay Ranch-Village Seven) B. Resolution of the City Council of the City of Chula Vista, California declaring its intention to establish Community Facilities District No. 12-1 (McMillin-Otay Ranch - Village Seven) and to authorize the levy of a special tax therein to finance the acquisition or construction of certain facilities. C. Resolution of the City Council of the City of Chula Vista, California ordering and directing the preparation of a report for proposed Community FacilitiesDistrict No. 12-1 (McMillin-Otay Ranch- Village Seven) D. Resolution of the City Council of the City of Chula Vista, California, declaring the necessity of Community Facilities District No. 12-1 (McMillin - Otay Ranch - Village Seven) to incur a bonded indebtedness secured by special taxes to pay for the acquisition or construction of certain facilities SUBMITTED BY: City Engineer 6k- City Ma~ger (4/5ths Vote: Yes_No-X) REVIEWED BY: McMillin Otay Ranch, LLC has requested the City to initiate proceedings to form a Community Facilities District No. 12-1 ("CFD No. 12-1" or "District'') for the acquisition or construction of public facilities serving their properties within Village Sevell Tonight's action will (a) declare the intention of the City Council to: (i) establish such a Community FacilitiesDistrict, (ii) authorize the levy of special taxes within such Community Facilities District pursuant to the proposed rate and method of apportionment for the Community Facilities District and (iii) declare the necessity of such Community FacilitiesDistrict to incur a bonded indebtedness secured by such special taxes, (b) adopt a boundary map of the Community Facilities District, (c) describe the facilities authorized to be financed by such Community Facilities District, (d) request the City Engineer to direct the special tax consultant to prepare the Community Facilities District Report and (e) setthe public hearing for the Community Facilities District for August 16, 2005. RECOMMENDATION: That Council: 1) Approve the Resolution adopting the boundary map for CFD No. 12-1, 2) Approve the Resolution declaring the intention to establish CFD No. 12-1 and to levy a special tax to finance certain facilities, 3) Approve the Resolution ordering and directing the preparation of the "Special Report" for CFD No. 12-1 4) Approve the Resolution declaring the necessity of CFD No. 12-1 to incur a bonded indebtedness to finance the acquisition or construction offacilities in CFD No. 12-1. 8-1 Page 2, Item 8 Meeting Date 7/12/05 BOARDS/COMMISSIONS RECOMMENDATION: Nlt applicable. DISCUSSION: The McMillin Otay Ranch, LLC has formally petitioned the City to form Community Facilities District No. 12-1 (McMillin - Otay Ranch - Village Seven) ("CFD No. 12-1" or the "District') pursuant to the Mello- Roos Act of 1982 for the purpose of financing the construction and/or acquisition of certain public improvements serving Village Seven of the Otay Ranch. Community Facilities Districts provide the necessary funding for the acquisition or construction of public improvements by levying an annual "special tax", which is collected from the property owners in conjunction with the property taxes and by issuing bonds secured by the levy of such special taxes. There is no direct cost to the City. All expenses related to the District administration (including levying and collecting the special taxes) are to be funded by the District. The ultimate security for the bonds are the properties located within the District, not the City's General Fund or its ability to tax property within its jurisdiction outside of the District. This District will be formed in conformance with the "City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts" ("CFD Policy"). To date, the Final Environmental Impact Report pertaining to the development within the proposed District was certified by the Planning Commission on September 22, 2004 and certified by the City Council on October 12, 2004. The Tentative Map for McMillin's Village Seven project was also approved by the Planning Commission on September 22,2004 and approved by City Council on October 12,2004. District Boundaries Exhibit I presents the boundaries of the proposed District that include all parcels located within Village Seven owned by the McMillin Land Development. At buildout, Village Seven will contain approximately 538 single-family residences, 221 multifamily residences, an elementary and a high school site, a public park and a Community Public Facility (CPF-I). However, the elementary (S-3) and high school (S-I) parcels along with the public park (P-I) parcel are not included within the proposed boundaries of the CFD No. 12-1. There are also several smaller parcels within Village Seven that will be exempt fromthe levy of special taxes due to the future use as part of the SR 125 improvements, open space and Property Association parcels etc. Total gross acreage is estimated at approximately 120 acres with an estimated 58 acres to be residential property and the remaining 62 acres roads, sidewalks, open space and HOA property. The Improvements The special tax consultant has prepared a preliminary "2% maximum tax" analysis based on estimated house sizes and prices (see Exhibit 2). The 2% tax analysis sets the amount of the maximum special tax that may be levied by the District within District. The proposed taxes are discussed below in the section "Proposed Special Taxes". Additional calculations show that the maximum special tax revenue (using the proposed taxes) from all the properties would support a total bonded indebtedness of approximately $19.3 million (assuming a 6.5 % interest rate and a 30-year term on the bonds). A bond sale amount of$19.3 million will finance approximately $15.3 million in facilities(i.e. grading, landscaping, streets, utilities, drainage, sewer, pedestrian bridges, etc). The balance would provide for a reserve fund, capitalized interest, priority administration, district formation and bond issuance costs. Page 3, Item If Meeting Date 7/12/05 The developer has requested that the District be authorized to finance backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, utilities, etc.), eligible public facilities DIF improvements. Exhibit 3 shows a preliminary list of facilities with a total cost estimate of approximately $16.8 million. Tonight, Council would only be approving the types of the improvements to be financed by District. As noted above, it is estimated that only $19.3 million of bonds may be supported by this District, raising approximately $15.3 million of project proceeds. A final priority list and cost estimate of the improvements eligible for District financing will be brought later to Council in conjunction with the AcquisitionlFinancing Agreement. Ultimately, as subdivision exactions, the developer will finance improvements that this District cannot finance. The proposed District lies within portions of various Development Impact Fee (DIF) benefit areas (Public Facility, Transportation, Sewer) which places a cap on the District's ability to finance these improvements. Staff will work with the developer to achieve a balance between DIF and non-DIF improvements within the District. The actual amount to be financed by District would depend upon a number of factors including final interest rate on the bonds, value to lien ratio and revisions to the cost estimates (higher or lower) for the proposed $15.3 million for project proceeds. Thus, staff recommends that tonight, Council approve a bond sale amount not to exceed $25 million which is specified in the "Resolution Declaring Necessity to Incur Bonded Indebtedness" that is before Council tonight. The developer concurs with staffs recommendation. Proposed Special Taxes Tonight, Council would be approving the "Rate and Method of Apportionment" ("RMA") Exhibit A that establishes the procedure for levying the special taxes within the District. The District generally encompasses the land uses south of the proposed Birch Road, west ofthe proposed SR 125 alignment, north of Rock Mountain Road, and just east of La Media Road. The developed residential parcels (both single and multi family uses) are taxed based on a flat rate plus the square footage of the building. Developed parcels are those parcels for which a building permit has been issued. This special tax rate has been determined by a preliminary "2% maximum tax" analysis. Said analysis, which is based on estimated house sizes and prices, sets the amount of the maximum special tax that may be levied by the District on developed residential parcels. It should be noted that a final test would be required at escrow closing using actual house sale prices. If the 2% limit is exceeded, the developer is required to buy down the lien to an amount sufficient to meet the 2% criteria. There are two Tax Zones proposed for this CFD to more equally distribute Backup Special Tax in relation to residential floor area, as described in the RMA. The proposed assigned Special Tax for Developed Property within Zones A and B Property Description Proposed Tax Rate Residential Property $890 per dwelling unit + $.79 per square foot of Residential Floor Area Non-Residential Property $6,000 per Acre 8-3 " Page 4, Item d Meeting Date 7/12/05 The special tax proposed to be authorized to be levied on Undeveloped and Contingent Taxable Property is based on the acreage of the parcel. The RMA proposes the following tax rates: Tax Rate Area Undeveloped Property Undeveloped and Contingent $24,383 per Acre Taxable Property - Zone A Undeveloped and Provisional $41,621 per Acre Property - Zone B The special tax rates proposed for Undeveloped and Contingent Taxable Property within Village Seven are comparable to the rates approved for other similar Districts formed for CFD-06-I, CFD-07-I and CFD 200 I-I. It should be noted that no commercial uses are currently proposed in Village Seven. The developer considers these proposed special tax rates to be reasonably supported by these land use categories. The Undeveloped Property category includes all the parcels for which a building permit has not been issued. The special tax on Undeveloped Property is based on the total acreage of the parcel. During buildout if the collection of special taxes from developed taxable properties is not be enough to coverthe annual debt service, the Undeveloped Property taxes will cover the shortfall. The Special Tax Consultant has determined that an Undeveloped Property tax will be needed to meet the annual debt service. Even if no development occurs and the whole property remains undeveloped, the proposed special tax proposed to be levied on undeveloped property will generate enough special tax revenue to cover the debt service on the bonds. Public Property, Property Owner Association Property and open space will be exempt from the Special Tax on the condition that this does not reduce the sum of all Taxable Property to less than 32.98 acres in Zone A and 22.00 Acres in Zone B. Any of this property which cannot be classified as exempt property because such classification would reduce the Acreage of all Taxable Property to less than 32.98 Acres in Zone A and 22.00 Acres in Zone B will then be classified as Contingent Taxable Property and subjectto the levy of the special tax at a rate of$24,383 per acre in Zone A and $41,621 per acre in Zone B. These categories were created to provide additional assurance to prospective bond purchasers that the collectible special tax revenue will always cover the annual debt service. Collection of Taxes First, the proposed Assigned Special Tax will first be levied on the Developed Property. Second, if this pool of funds is not enough to meet the annual debt service, as may be the case in the early years of development, the City Administrator will levy a Special Tax on the Undeveloped Property. Again, if additional monies are needed after the first two steps have been completed, the special tax shall be increased proportionately on each parcel from the Assigned Special Tax up to the Maximum Annual Special Tax as determined by the application of a Backup Special Tax. If, after these three steps are exhausted, there is still a need for additional monies, then the special tax shall be levied proportionately on each parcel classified as Contingent Taxable Property pursuant to Section E in the RMA for the Assigned Special Tax up to the Maximum Annual Special Tax. After buildout, if determined by the City Administrator that the annual tax need is less than the collectible tax from the Developed Parcels, the special taxes to be levied in that specific year will be reduced proportionately. Since this district is assessed based on the square footage of the home or property the bondholders require protection in the event that the developer builds less than projected. This District 8-4 ~..., Page 5, Item C Meeting Date 7/12/05 uses a Backup Special Tax where when each Final Subdivision Map is recorded; the Backup Special Tax will be applied to the Developed Property. The Backup Special Tax formula is: Zone A Zone B B = $ 24.383 x A L B=$41.62IxA L A = the acreage classified as Residential Property L = the number of lots classified as Residential. The proposed "Rate and Method" also includes provisions for the prepayment of the special taxes in the event the developer or a future property owner decides to do so. Value to Lien Ratio Policv The CFD Policy requires any bond issue secured by the levy of special taxes be sized based upon a minimum 4:1 value-to-lien ratio. A ratio of less than 4:1, but equal to or greater than 3:1, may be approved, in the sole discretion of Council, when it is determined that a ratio ofless than 4:1 is financially prudent under the circumstances of a particular district. A final appraisal and lien ratio analysis would be available for Council consideration prior to bond sale, which is planned for late in 2005. If the final analysis shows parcels which fail to meet the 4: lor 3: I ratio, the developer would be required to either: . Provide cash or letters of credit to maintain the value-to-lien ratio within the CFD Policy; or, . The principal amount ofthe bonds to be issued for District will be reduced to comply with the CFD Policy; or, . Provide sufficient information to convince Council that a lesser lien ratio is prudent. Maximum Tax Policy The CFD Policy establishes that the maximum annual District special taxes applicable to any newly developed residential property shall be no more than 1% of the sale price of the house. In addition, the aggregate of all annual taxes and assessments, except for special taxes levied to fund the maintenance of the project's public open space, landscaping and storm water quality best management practices, is limited to 2% of the sale price of the house. A preliminary calculation ofthe maximum special tax, using estimated house prices, has been completed and the projected maximum special tax for all homes falls below the 2% limit (see Exhibit 2). A final test will be performed at escrow closing using the actual sale price of the house. The CFD Policy requires that at, or prior to, each closing of escrow, the escrow company shall apply a "calculation formula" previously approved by the City Engineer to determine the aggregate of regular County taxes, Mello-Roos taxes, and assessment installments. If the 2% limit were exceeded, the developer would be required to provide cash to buy down the lien to an amount sufficient to meet the 2% tax ceiling. Compliance with this procedure would ensure that the aggregate tax to be paid by the purchaser of the house meets the CFD Policy criteria. 8-5 Page 6, Item 8 Meeting Date 7/12/05 Resolutions There are four resolutions on today's agenda that, if adopted, will accomplish the following: The RESOLUTION ADOPTING THE BOUNDARY MAP is the formal action adopting the map and setting forth the boundaries of the proposed District. The RESOLUTION OF INTENTION is the jurisdictional resolution declaring the intention on the City Council to establish the proposed District, authorize the levy of a special tax pursuant to the Rate and Method, and set the time and place for the public hearing for August 16, 2005. The RESOLUTION ORDERING THE "REPORT" is the formal action ofthe City Council directing the preparation of a detailed report containing a description of the facilities an::! their estimated cost. The RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS is the formal declaration of the City Council determining that the public convenience and necessity requires that bond indebtedness be incurred to finance certain public facilities proposed by the District. The bond amount of $25 million approved by this resolution is a maximum authorization. The actual amount of the bond sale will depend upon a number of factors including interest rates on the bonds and compliance with the value- to-lien ratio criteria. Future Actions Adoptions of tonight's resolutions will set the District's public hearing for August 16,2005. There will be an election following the public hearing for the landowners to vote on the authorization to levy the special tax pursuant to the Rate and Method and the authorization for the District to incur a bonded indebtedness in an amount not to exceed $25,000,000. Once the votes are cast, Council will be requested to certify the election at a later date, and the District will be formed. Fiscal ImDact: None, the developer will pay all costs and has deposited money to fund initial consultant costs, and City costs in accordance with the approved Reimbursement Agreement. Staff cost for District formation and administration activities will be fully recovered. Staff anticipates that most ofthe District administration will be contracted out in accordance with the CFD Policy, as consideration for the City's agreement to use the City's bonding capacity to provide the financing mechanism for the construction of the proposed improvements, the developer will pay one percent (I %) of the total bond authorization. Said requirement will be memorialized in the Acquisition/Financing Agreement that will be brought to Council at a later date. For example based on a bond sale totaling $19.3 million, said monetary compensation would be $193,000. Said amount shall be paid prior to bond sale (scheduled for late 2005) and will be deposited into the General Fund. The CFD Policy also stipulates that said compensation is not eligible for financing by the District. 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Iii! i I!I ~:~:~I i~i~!~i~i 818:g:gi8:~,glgI8!8 -.!. U'ii i'iiU' :~'~U~UU~ C:..;I",~ ~..; ..;o~ ..... .' I i 55!, h.,.~ '~.Si!:~:~'!:i:~:a;! ~ " I , I , , ]'j ! , !:~i~i II: i ! i : J; i I I Ii: , ; .ii '.'~;" ~.!:;_!: il;:;!!i'~:=: ~;8'ir:;:; ~,;j ;!ij "'1"',"" - " -,-.-,-' :=:__!:!:!:!'::!: ~I-:~:::;'- J ~: ~' '~, - = " ;. 2 ~ ~5!;:;;; :;:::;::;:1; ~ ~ ~ ~ ~,~ ~;:!;;:!; ~:;!;';!;;:::! ~ ~ ~....,~ ... , , i f ~~~ eoo cee~ ~.~ ~'~ ~ ~ e e e e ~ .. 11::;'" ~n.n]p. ~ Us ]11 .. ...i.i ...s.i,i .s~ . I # J . <<< <<< 11I=== ==IIl=====1Il1ll . . . ~ -.... ... :! -'... ~ ~jiij ~ <.~ u'e III ...:_,....~.... 'ii ~ . jjj Ojjj ~lll'lll!,ilf~ '" ",......... ............ Exhibit 3 Proposed List of Facilities City of Chula Vista Community Facilities District No. 12-1 (McMillin Otay Ranch Village Seven) . Magdalena Avenue . Wolf Canyon Loop . Bob Pletcher Way . Santa Luna Way . Birch Road . Rock Mountain Road In addition to the above improvements, this CFD's bonding capacity maybe used for offsite facilities to be financed by Transportation Development Impact Fees (TDIF), Public Facilities Development Impact Fees (PFDIF), Poggi Canyon and Salt Creek Sewer Fees. 8-9 EXHIBIT LI RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 12-1 (McMillin Otay Ranch Village Seven) A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within the City of Chula Vista Community Facilities District No. 12-1 (CFD No. 12-1) and collected each Fiscal Year commencing in Fiscal Year 2006-2007 in an amount determined by the City Council through the application of the appropriate Special Tax for "Developed Property", "Undeveloped Property" and "Contingent Taxable Property" as described below. All of the Taxable Property CFD No. 12-1, 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 meaning: "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, parcel map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps for a land area are not available, the Acreage of such land area shall be determined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State ofCalifomia. "Administrative Expense Requirement" means an annual amount equal to $75,000, or such lesser amount as may be designated by written instruction from an Authorized Representative to the Fiscal Agent, to be allocated as the first priority of Special Taxes received each Fiscal Year for the payment of Administrative Expenses. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of CFD No. 12-1 including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 12-1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 12-1 or any designee thereof of providing continuing disclosure; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 12-1 or any designee thereof related to any appeal of the levy or application of the Special Tax; and the costs associated with the release of funds from an escrow account, if any. Administrative City of Chula Vista Community Facilities District No. /2-/ McMillin Otay Ranch Villa!?e Seven June 15. 2005 8-10 Pa!?e 1 Expenses shall also include amounts estimated or advanced by the City or CFD No. 12-1 for any other administrative purposes, including, but not limited to, attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by an Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section C.I.a. "Available Funds" means the balance in the reserve fund established pursuant to the terms of any Indenture in excess of the reserve requirement as defined in such Indenture, delinquent Special Tax payments not required to fund the Special Tax Requirement for any preceding Fiscal Year, Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such bond indenture. "Backup Special Tax" means the Backup Special Tax amount set forth in Section C.I.b. "Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series, issued by CFD No. 12-1 under the Act. "Bond Year" means a one-year period beginning on September 2nd in each year and ending on September 1 st in the following year, unless defmed differently in the applicable Indenture. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No. 12-1 means City ofChula Vista, Community Facilities District No. 12-1. "City" means the City ofChula Vista. "Contingent Taxable Property" means all Assessor's Parcels of Public Property, Property Owner Association Property, Open Space or other property that would otherwise be classified as Exempt Property pursuant to the provisions of Section E, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum acreage as set forth in Section E.l for Zone A or Zone B as applicable. City of Chu/a Vista Community Facilities District No. 12-1 McMillin Otay Ranch VillaRe Seven June 15, 2005 8-11 Page 2 "Council" means the City Council of the City, acting as the legislative body of CFD No. 12-1. "County" means the County of San Diego. "Developed Property" means all Assessor's Parcels of Taxable Property for which a building permit has been issued prior to March 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessors' Parcels that are exempt from the Special Tax pursuant to Section E.!. "Final Subdivision Map" means a subdivision of property, created by recordation of a final subdivision map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Year" means the period starting July I and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Table 1 of Section C.I.a. "Lot(s)" means an individual legal lot created by a Final Subdivision Map for which a building permit for residential construction has been or could be issued. Notwithstanding the foregoing, in the case of an individual legal lot created by such a Final Subdivision Map upon which condominium units are entitled to be developed but for which a condominium plan has not been recorded, the number of Lots allocable to such legal lot for purposes of calculating the Backup Special Tax applicable to such Final Subdivision Map shall equal the number of condominium units which are permitted to be constructed on such legal lot as shown on such Final Subdivision Map. "Maximum Annual Special Tax" means the maximum armual Special Tax, determined in accordance with the provisions of Section C, which 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 to allow the construction of one or more buildings or structures for a non-residential use. "Occupied Residential Property" means all Assessors' Parcels of Residential Property for which title is owned by an end user (homeowner). City of Chula Vista Community Facilities District No. /2-/ McMillin Otay Ranch Villa!?e Seven June J 5, 2005 8-12 Pa!?e3 "Open Space" means property within the boundaries of CFD No. 12-1 which (a) has been designated with specific boundaries and acreage on a Final Subdivision Map as open space (b) is classified by the County Assessor as open space (c) has been irrevocably offered for dedication as open space to the federal government, the State of California, the County, the City, any other public agency or (d) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. "Outstanding Bonds" mean all Bonds, which remain outstanding as defined III the Indenture. "Property Owner Association Property" means any property within the boundaries of CFD No. 12-1 which is (a) owned by a property owner association or (b) designated with specific boundaries and acreage on a Final Subdivision Map as property owner association property. As used in this definition, a property owner association includes any master or sub-association. "Proportionately" means for Developed Property that the ratio of the Special Tax levy to the Assigned Special Tax or the Backup Special Tax is equal for all Assessors' Parcels of Developed Property within CFD No. 12-1. For Undeveloped Property or Contingent Taxable Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property and equal for all Assessor's Parcels of Contingent Taxable Property within CFD No. 12-1. "Public Property" means any property within the boundaries ofCFD No. 12-1 that which (a) is owned by a public agency, (b) has been irrevocably offered for dedication to a public agency or (c) is designated with specific boundaries and acreage on a Final Subdivision Map as property which will be owned by a public agency. For purposes ofthis definition, a public agency includes the federal government, the State of California, the County, the City or any other public agency. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator by reference to appropriate records kept by the City's Building Department. Residential Floor Area for a residential structure will be based on the building permit(s) issued for such structure prior to it being classified as Occupied Residential Property, and shall not change as a result of additions or modifications made to such structure after such classification as Occupied Residential Property. "Special Tax" means the armual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. City of Chu/a Vista Community Facilities District No. /2-/ McMillin Otay Ranch Village Seven June J 5, 2005 8-13 Page 4 "Special Tax Requirement" means that amount of Special Tax revenue required in any Fiscal Year for CFD No. 12-1 to: (i) Pay Administrative Expenses in an amount equal to Administrative Expense Requirement or such other amount as may be designated by the City (ii) pay annual debt service on all Outstanding Bonds (as defined in Section A) due in the Bond Year beginning in such Fiscal Year; (iii) pay other periodic costs on Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on Outstanding Bonds; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; and (v) pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD No. 12-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on the Undeveloped Property for CFD No. 12-1; less (vi) a credit for Available Funds. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 12-1 that are not exempt from the Special Tax pursuant to law or Section E below. "Trustee" means the tmstee, fiscal agent, or paying agent under the bond indenture. "Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as Developed Property or Contingent Taxable Property. "Zone A" means the specific geographic area designated as such and as depicted in Exhibit A attached hereto. "Zone B" means the specific geographic area designated as such and as depicted in Exhibit A attached hereto. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD No. 12-1 shall be (a) categorized as being located in either Tax Zone A or Zone B, (b) classified as Developed Property, Undeveloped Property or Contingent Taxable Property and (c) shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below. Furthermore, all Developed Property shall then be classified as Residential or Non- Residential Property. C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or Non-Residential Property shall be the greater of (1) the Assigned Special Tax described in Table I or (2) the Backup Special Tax computed pursuant to b. on next page. City of Chu/a Vista Community Facilities District No. /2-1 McMillin Dtay Ranch Village Seven June 15, 2005 8-14 Page 5 a. Assi!!Ded Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table I. TABLE! Assigned Special Tax for Developed Property within Zone A and Zone B Land Use Class Descriotion Assil!ned Soecial Tax $890 per Unit Plus $0.79 per I Residential Property square foot of Residential Floor Area 2 Non-Residential $6,000 per Acre Propertv b. Backup Special Tax When a Final Subdivision Map or a condominium plan is recorded within Zone A or Zone B, the Backup Special Tax for Assessor's Parcels of Developed Property classified as Residential Property or Non-Residential Property shall be determined as follows: For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property upon its development within the Final Subdivision Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone A $24,383 x A B == ------------------------ L Zone B $41,621 xA B == ------------------------ L City of Chu/a Vista Community Facilities District No. /2-1 McMillin Otay Ranch Villa!?e Seven June /5, 2005 8-15 Pa!?e 6 The terms have the following meanings: B = Backup Special Tax per Lot in each Fiscal Year. A = Acreage classified or to be classified as Residential Property in such Final Subdivision Map. L = For a Final Subdivision Map, the number of Lots which are classified or to be classified as Residential Property. For each Assessor's Parcel of Developed Property classified as Non-Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Non-Residential Property within the Final Subdivision Map area, the Backup Special Tax shall be determined by multiplying $24,383 for Zone A and $41,621 for Zone B by the total Acreage of any such Assessor's Parcel. Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Non- Residential Property or Undeveloped Property for which the Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Subdivision Map, then the Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the total amount of Backup Special Tax that would have been generated if such change did not take place. 2. Undeveloped Property and Contingent Taxable Property The Maximum Annual Special Tax for each Assessor's Parcel of Undeveloped Property and Contingent Taxable Property shall be $24,383 per Acre for Zone A and $41,621 per Acre for Zone B. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property within Zone A and Zone B at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on all Undeveloped Property within Zone A and Zone B, at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. In determining the Acreage of an Assessor's Parcel of Undeveloped Property for purposes of determining the annual Special Tax to be levied on such Assessor's Parcels of Undeveloped Property, the CFD Administrator shall not include any Acreage shown on any applicable tentative subdivision map or other land use entitlements approved by the City that designates such Acreage for a City of Chu/a Vista Community Facilities District No. 12-1 McMillin Otay Ranch Villa[{e Seven June 15. 2005 8-16 Pa?;e 7 use that would be classified as Open Space, Property Owner Association Property or Public Property. Third: If additional monies are needed to satisfy the Special Tax Requirement after the. first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel of Developed Property whose Maximum Annual Special Tax is derived by the application of the Backup Special Tax then the Annual Special Tax shall be increased at the same percentage from the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's Parcel. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on all Contingent Taxable Property at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased by more than ten percent per year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel. E. EXEMPTIONS 1. The CFD Administrator shall classify the following as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Open Space and (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; provided, however, that no such classification shall reduce the sum of all Taxable Property to less than 32.98 Acres for Zone A and 22.00 Acres for Zone B. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 32.98 Acres for Zone A and 22.00 Acres for Zone B will be classified as Contingent Taxable Property and shall be taxed pursuant to the fourth step of Section D. Exempt status for purposes of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes Exempt Property. 2. The Maximum Annual Special Tax obligation for any property which would be classified as Public Property upon its transfer or dedication to a public agency but which is classified as Contingent Taxable Property pursuant to E.l above shall be prepaid in full by the seller pursuant to Section H.l, prior to the transfer/dedication of such property to such public agency. Until the Maximum Annual Special Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Contingent Taxable Property. 3. If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in E.1. above City of Chula Vista Community Facilities District No. 12-/ McMillin atay Ranch Village Seven June 15. 2005 8-17 Page 8 that would make such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property. F. REVIEW/APPEAL COMMITTEE Any landowner or resident who feels 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 CFD No. 12-1 and 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 The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 12-1, may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels of Taxable Property that are delinquent in the payment of Special Taxes. Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFD Public Facilities" means those public facilities authorized to be financed by CFD No. 12-1. "CFD Public Facilities Costs" means either $ 17.1 million, or such lower number as shall be determined either by (a) the CFD Administrator as sufficient to finance the CFD Public City of Chu/a Vista Community Facilities District No. /2-1 McMillin Otay Ranch Villa?;e Seven June 15, 2005 8-18 Pa?;e 9 Facilities, or (b) the Council concurrently with a covenant that it will not issue any more Bonds to be secured by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct the CFD Public Facilities. "Future Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion of the CFD Public Facilities Costs previously funded (i) from the proceeds of all previously issued Bonds, (ii) from interest earnings on the Construction Fund actually earned prior to the date of prepayment and (iii) directly from Special Tax revenues and (b) the amount of the proceeds of all previously issued Bonds then on deposit in the Construction Fund. "Outstanding Bonds" means all previously issued Bonds which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied for an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Contingent Taxable Property. The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided, however that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this figure. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Prepayment Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount City oj Chu/a Vista Community Facilities District No. 12-1 McMillin Otay Ranch Village Seven June 15, 2005 8-19 Page 10 As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Step No.: I. For Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which a building permit has been issued to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit issued for that Assessor's Parcel. For Assessor's Parcels of Contingent Taxable Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property. 2. Divide the Maximum Annual Special Tax computed pursuant to step I by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within CFD No. 12-1 excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid. 3. Multiply the quotient computed pursuant to step 2 by the principal amount of the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). 4. Multiply the Bond Redemption Amount computed pursuant to step 3 by the applicable redemption premium on the next possible Bond call date, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 5. If all the Bonds authorized to be issued for CFD No. 12-1 have not been issued, then compute the Future Facilities Costs. 6. Multiply the quotient computed pursuant to step 2 by the amount determined pursuant to step 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount') 7. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year, which have not yet been paid. 10. Determine the fees and expenses of CFD No. 12-1, including but not limited to, the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds from the proceeds of such prepayment, and the cost of City of Chu/a Vista Community Facilities District No. /2-/ McMillin Otay Ranch Villa!;e Seven June J 5. 2005 8-20 Pa!;e J J recording any notices to evidence the prepayment and the redemption (the "Prepayment Fees and Expenses"). 11. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the prepayment amount less the Prepayment Fees and Expenses, as determined pursuant to step 10, from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 12. Add the amounts computed pursuant to steps 7 and 9 and subtract the amount computed pursuant to step 11 (the "Defeasance Amount"). 13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to step 2 by the expected balance in the capitalized interest fund after such first interest payment (the "Capitalized Interest Credit"). 15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to steps 3, 4, 6, 10, and 12, less the amounts computed pursuant to steps 13 and 14 (the "Prepayment Amount"). 16. From the Prepayment Amount, the amounts computed pursuant to steps 3, 4, 12, 13, and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to step shall be retained by CFD No. 12-1. The amount computed pursuant to step 6 shall be deposited in the Construction Fund. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under step 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the City of Chula Vista Community Facilities District No.1 2-1 McMillin Otay Ranch Village Seven June 15. 2005 8-21 PaRe 12 Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within CFD No. 12-1 prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. 2. Prepayment in Part The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section H 1; except that a partial prepayment shall be calculated according to the following formula: PP = (PE-A x F) + A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.1, minus Prepayment Fees and Expenses determined pursuant to Step 10. F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Annual Special Tax. A= the Prepayment Fees and Expenses determined pursuant to Step 10. The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual Special Tax shall notifY the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Step 16 of Section H.1, and (ii) indicate in the records of CFD No. 12-1, that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. City of Chu/a Vista Community Facilities District No. /2-/ McMillin Dray Ranch Village Seven June /5, 2005 8-22 Page /3 I. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2006-2007 to the extent necessary to fully satisfy the Special Tax Requirement and shall be levied for a period no longer than the 2046-2047 Fiscal Year. City of Chu/a Vista Community Facilities District No. 12-1 McMillin Otay Ranch Village Seven June 15, 2005 8-23 PaRe 14 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED TO BE INCLUDED IN COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN - OT A Y RANCH- VILLAGE SEVEN) WHEREAS, the CITY COUNCIL ofthe CITY OF CHULA VISTA, CALIFORNIA ("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 1, 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. 12-1 (MCMILLIN - OT A Y RANCH - VILLAGE SEVEN) (the "District"); and, WHEREAS, there has been submitted a map showing the boundaries of the territory proposed for inclusion in the District including properties and parcels ofland proposed to be subject to the levy of a special tax 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. 12-1 (MCMILLIN - OTAY RANCH - VILLAGE SEVEN)" showing the boundaries of the territory proposed for inclusion in the District including the parcels ofland proposed to be subject to the levy of a special tax by the District is hereby approved and adopted. 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 ofthe hearing on the formation or extent 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 ofthe Streets and Highways Code of the State of California. 1 8-24 PREPARED BY: Sohaib Al-Agha City Engineer J:attorney/reso/CFD/Chula Vista CFD No. 12-1 Boundary map WBD1314534.1 6/27/05 2 8-25 DRAFT APPROVED AS TO FORM BY: core C Attorney tJr/lLlL DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN - OTAY RANCH - VILLAGE SEVEN) AND TO AUTHORIZE THE LEVY A SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), at this time desires to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions ofthe "Mello-Roos Community Facilities Act of1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City ofChula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City ofChula Vista under Sections 3, 5 and 7 of Article XI ofthe Constitution ofthe 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 referred to as Community Facilities District No. 12-1 (McMillin - Otay Ranch - Village Seven) (the "District")' and , , WHEREAS, this City Council desires to proceed to adopt its Resolution of Intention to initiate the proceedings to consider the establishment of such District, to set forth the proposed boundaries for such District, to indicate the public facilities proposed to be financed by such District, to indicate the proposed rate and apportionment of a special tax sufficient to finance the acquisition or construction of such facilities and the administration of the District and any indebtedness incurred by the District, to set a time and place for a public hearing relating to the establishment of such District; and WHEREAS, the Community Facilities District Law provides that the City Council may initiate proceedings to establish a community facilities district only if it has first considered and adopted local goals and policies concerning the use of the Community Facilities District Law; and WHEREAS, this City Council has adopted local goals and policies as required pursuant to the Community Facilities District Law. NOW, THEREFORE, IT IS HEREBY RESOLVED: RECITALS SECTION 1. The above recitals are all true and correct. 1 8-26 DRAFT INITIATION OF PROCEEDINGS SECTION 2. These proceedings are initiated by this City Council pursuant to the authorization of the Community Facilities District Law. BOUNDARIES OF DISTRICT SECTION 3. It is the intention of this City Council to establish the boundaries of the proposed District. A description of the proposed boundaries of the territory to be included in the District including the properties and parcels ofIand 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 entitled "Boundaries of Community Facilities District No. 12-1 (McMillin- Otay Ranch - Village Seven)", a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. NAME OF DISTRICT SECTION 4. The name of the proposed District t shall be Community Facilities District No. 12-1 (McMillin - Otay Ranch - Village Seven). DESCRIPTION OF FACILITIES SECTION 5. It is the intention of this City Council to [mance the acquisition or construction of certain facilities authorized to be acquired pursuant to the provisions of the Community Facilities District Law. A general description of the facilities proposed to be authorized to be acquired or constructed is set forth in Exhibit A attached hereto and incorporated herein by this reference (the "Facilities"). The Facilities are facilities which this legislative body is authorized by law to contribute revenue to or to construct, own or operate. It is hereby further determined that the proposed Facilities are necessary to meet increased demands and needs placed upon the City as a result of development within the District. The cost of acquiring or constructing the Facilities includes Incidental Expenses as such term is defined in Govermnent Code Section 53317(e) and may include, but not be limited to, the costs of planning and designing the facilities; all costs associated with the establishment ofthe District, the issuance and administration of bonds to be issued for the District, including the payment of any rebate obligation due and owing to the federal govermnent, the determination of the amount of any special taxes to be levied, the costs of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District, together with any other expenses incidental to the acquisition, construction, completion and inspection of the Facilities. 2 8-27 DRAFT SPECIAL TAX SECTION 6. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to pay for the acquisition or construction of the Facilities 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 levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than 10 percent (10%). For further particulars as to the rate and method of apportionment of the proposed special tax (the "Rate and Method of Apportionment") reference is made to the attached and incorporated Exhibit B, which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed District to clearly estimate the maximum amount that such person will have to pay. The Rate and Method of Apportionment also set forth the tax year after which no further special tax shall be levied or collected against any parcel used for private residential purposes. A parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit or the equivalent for private residential use is issued for such parcel. The special taxes herein proposed, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner at this City Council shall determine, including without limitation, direct billing of the affected property owners, 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 ofthe City of Chula Vista (the "City"), acting for and on behalf of the District. The special tax obligation for any parcel may be prepaid and permanently satisfied in whole or in part pursuant to the provisions therefor contained in the Rate and Method of Apportionment. PUBLIC HEARlNG SECTION 7. NOTICE IS GIVEN THAT ON AUGUST 16, 2005, AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 276 FOURTH STREET, CHULA VISTA, CALIFORNIA, A PUBLIC HEARlNG WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED DISTRICT, THE RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX 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 HEARlNG 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, 3 8-28 DRAFT THE EXTENT OF THE DISTRICT, OR THE FINANCING OF THE FACILITIES, 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 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. 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 FACILITIES OR PORTIONS OF THE SPECIAL TAX, THOSE FACILITIES OR THAT PORTION OF THE SPECIAL TAX SHALL BE ELIMINATED BY THE CITY COUNCIL. ELECTION SECTION 8. 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 ofthe 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 an 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 (I) vote. Otherwise, the vote shall be by the landowners of District who were the owners of record at the close of the subject hearing, with each such landowner or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within the District. NOTICE SECTION 9. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing 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. The City Clerk shall also cause notice to be given by first-class mail to each registered voter, if any, and to each landowner .as defined in the Community Facilities District Law within the proposed boundaries of the District. Such notice shall be mailed at least 15 days before the public hearing and shall contain the same information as is required to be contained in the notice published pursuant to the preceding paragraph. 4 8-29 DRAFT RESERVATION OF RIGHTS TO AUTHORIZE TENDER OF BONDS SECTION 10. The City Council reserves to itself, in its capacity as the legislative body of the District if formed, the right and authority to allow any interested owner of property within the District, subject to the provisions of Government Code Section 53344.1 and to such conditions as this City Council may impose, and any applicable prepayment penalties as may be described in the bond indenture or comparable instrument or document, to tender to the Treasurer, acting for and on behalf of the District, in full payment or part payment of any installment ofthe special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender. ADVANCES OF FUNDS OR WORK-IN-KIND SECTION 11. At any time either before or after the formation of the District, the City Council may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use ofthose funds or that work-in- kind for any authorized purpose, .including, but not limited to, paying any cost incurred by the City in creating the District. The City may enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds so advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council. The City has entered into a Community Facilities District Reimbursement Agreement with McMillin Otay Ranch, LLC (the "Corporation") to provide for such advances for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the formation of the District and to subsequently authorize, issue and sell bonds for the District. Such advances are subject to reimbursement pursuant to the terms of such agreement. No such agreement shall constitute a debt or liability of the City. In addition, it is proposed that the City enter into an agreement with the Corporation pursuant to which the Corporation shall construct and install all or a portion of the Facilities and the District shall repay the funds expended by the Company for such purpose or value or cost of the work in- kind, whichever is less. PREPARED BY: APPROVED AS TO FORM BY: Sohaib AI-Agha City Engineer J:Attomey/Reso/CFD/chula vista CFD No. 12-1 Declaring intention 5 8-30 EXHIBIT A DESCRIPTION OF TYPES OF FACILITIES The public facilities authorized to be financed by the levy of special taxes within the District shall include backbone streets and related improvements, including without limitation, grading, landscaping, sewers, drainage improvements and pedestrian bridges, and public utilities and other public improvements authorized to be financed from the proceeds of the Public Facilities Development Impact Fee as may be authorized by the goals and policies of the City Council pertaining to the use of the Community Facilities District Law. A-I 8-31 WBD\314536.1 6/27/05 EXHIBIT B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES [attach a copy of the Rate and Methodfor the District} B-1 8-32 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN - OTA Y RANCH - VILLAGE SEVEN) 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 pursuant to the terms and provisions of the "Mello-RoDs Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City ofChula Vista Cornmunity 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. 12-1 (Mcmillin - Otay Ranch - Village Seven) (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 report to provide more detailed information relating to the proposed District, the proposed facilities to be financed through the District, and estimate of the cost of providing such facilities (the "Community Facilities District Report"). NOW, THEREFORE IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. The Director of Public Works is hereby directed and ordered to prepare or cause to be prepared the Community Facilities District Report to be presented to this City Council, generally setting forth and containing the following: FACILITIES: A full and complete description of the public facilities the acquisition or construction of which are proposed to be financed through the District. COST ESTIMATE: A general cost estimate setting forth costs of acquiring or constructing such facilities. SPECIAL TAX: Further particulars and documentation regarding the rates and methods of apportionment of the special taxes proposed to be levied within the District. 1 8-33 DRAFT SECTION 3. The Community Facilities District Report, upon its preparation, shall be submitted to this City Council for review, and such report shall be made a part of the record ofthe public hearing on the Resolution of Intention to establish such District. PREPARED BY: APPROVED AS TO FORM BY: p/ZJZ ~hf1 I I - Alex Al-Agha City Engineer J:Attorney/Reso/CFD/Chula Vista CFD No. 12-1 Resolution Ordering Preparation WBD\314537.1 6/27/05 2 8-34 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING THE NECESSITY OF COMMUNITY FACILITIES DISTRlCT NO. 12-1 (MCMILLIN - OTAY RANCH - VILLAGE SEVEN) TO INCUR A BONDED INDEBTEDNESS TO BE SECURED BY SPECIAL TAXES LEVIED WITHIN SUCH DISTRlCT TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has initiated 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 1, 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") to finance the acquisition or construction of certain authorized facilities described in Exhibit A attached hereto and incorporated herein by this reference (the "Facilities"). This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 12-1 (McMillin - Otay Ranch - Village Seven) (the "District"); and, WHEREAS, it is the intention of this legislative body to finance the acquisition or construction of all or a portion of such Facilities through the issuance of bonds to be issued by the District, such bonds to be secured by special taxes to be levied on taxable property within the District, all as authorized pursuant to the Community Facilities District Law. NOW THEREFORE IT IS HEREBY RESOLVED: SECTION I. The above recitals are all true and correct. SECTION 2. This City Council declares that the public convenience and necessity requires that a bonded indebtedness be incurred by the District to contribute to the financing of all or a portion of the Facilities. SECTION 3. The purpose for the proposed debt of the District is to contribute to the financing of the acquisition or construction of the Facilities. SECTION 4. The amount of the bonded indebtedness of the District may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the indebtedness is proposed to be incurred as authorized pursuant to the Community Facilities District Law. The amount of the indebtedness proposed to be authorized for the District is $25,000,000. 1 8-35 DRAFT SECTION 5. NOTICE IS GNEN THAT ON AUGUST 16, 2005, AT THE HOUR OF 6:00 O'CLOCK P.M. IN THE REGULAR MEETING PLACE OF THE LEGISLA TNE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 276 FOURTH STREET, CHULA VISTA, CALIFORNIA, A HEARING WILL BE HELD ON THE INTENTION OF THIS LEGISLATNE BODY TO INCUR A SEPARATE BONDED INDEBTEDNESS OF THE DISTRICT TO CONTRIBUTE TO THE FINANCING OF THE FACILITIES, SUCH INDEBTEDNESS TO BE SECURED BY THE LEVY OF SPECIAL TAXES WITHIN THE DISTRICT. AT THE TIME AND PLACE FIXED FOR SAID PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING PERSONS OWNING PROPERTY WITHIN THE DISTRICT, MAY APPEAR AND PRESENT ANY MATTERS RELATING TO THE PROPOSED INTENTION AND NECESSITY FOR INCURRING A BONDED INDEBTEDNESS OF THE DISTRICT WHICH WILL CONTRIBUTE TO THE FINANCING OF ALL OR A PORTION OF THE FACILITIES AND WHICH WILL BE SECURED BY A SPECIAL TAX TO BE LEVIED WITHIN THE DISTRICT. SECTION 6. Notice of the time and place ofthe public hearing shall be given by the City Clerk by publishing a Notice of Public Hearing in a 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: Alex Al-Agha City Engineer J:Attorney/Reso/maps/Chula Vista CFD No. 12-1 2 8-36 EXHffiIT A DESCRIPTION OF TYPES OF FACILITIES The public facilities authorized to be financed from the proceeds of bonds issued by the District and secured by the levy of special taxes within the District shall include backbone streets and related improvements, including without limitation, grading, landscaping, sewers, drainage improvements and pedestrian bridges, and public utilities and other public improvements authorized to be financed from the proceeds of the Public Facilities Development Impact Fee as may be authorized by the goals and policies of the City Council pertaining to the use ofthe Community Facilities District Law. WBD\314539.! 6/27/05 A-I 8-37 COUNCIL AGENDA STATEMENT Item Meeting Date Cj 7/12/05 ITEM TITLE: Resolution approving the filing of a grant application to the Department of Conservation for Beverage Container Recycling Community Outreach Program funds to streamline recycling services to multi-family residents in Chula Vista. SUBMITTED BY: Director of ~General Services G ,+ City Man~r (4/5ths Vote: Yes _ No.lU REVIEWED BY: BACKGROUND: The City's multi-family residents currently generate over 800 tons of recyclables annually. The City intends to make the recycling process more convenient for multi-family residents by streamlining the recycling program and ensuring its sustainability. The City proposes applying for a Department of Conservation grant to help fund the project. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS: N/A DISCUSSION: The City of Chula Vista has strived to be an environmental leader in San Diego County _ with recycling efforts that began in 1990 and achievement of the mandated diversion goal of 50% or better. By 2001, the City was recycling 54% of the waste stream - including beverage containers, mixed paper, cardboard, glass, plastics and metals. Since that time, however, recycling rates have slipped from 54% to 51 %. To halt and reverse that downward trend, the City has taken a problem- solving approach. Resource and Waste Management Services staff has identified some of the probable causes of the decline and have developed problem solutions for each: 1. Confusion about sorting: Multi-family residents are currently obliged to separate recyclables from trash and then a second time by different recyclable type. The proposed recycling program enhancement will implement a "single-streaming" recycling service for multi-family residents. A single, well-labeled bin for all types of recyclables combined will be available at every multi-family property in the City. In this way, the multi-family program will be better aligned with the single-family program. In addition, the City will design and direct mail easy- to-read, bilingual, illustrated public education materials about the changes in the program and howlwhat to recycle. 2. Limited available space for recycling bins: Recycling is difficult to implement in multi-family housing in the older sections of town because of limited space and access required for the current collection containers. Some complexes have sacrificed f10werbeds or parking spaces to find room for the various containers. Single-streaming the recyclables will require fewer containers taking up less space, and yet provide more capacity than most complexes currently have, for no increase in service fees. The City will also ensure sustainability of the program by requiring that all future multi-family housing and condo conversions allocate sufficient space, in convenient locations, for full-sized bins, one for trash and one for single-stream recyclables. 9-1 Page 2, Item Meeting Date q 7/12/05 The total project cost to accomplish these objectives is estimated to be $220,000. Staff proposes applying to the Department of Conservation's Beverage Container Recycling Community Outreach Program for grantfunding in the amount of $165,000 to implementthe project. The project will also be partially funded by a $55,000 contribution in in-kind services, or a 25% match, from our partner Allied Waste. FISCAL IMPACT: There is no impact to the General Fund. If the resolution is approved, the City will apply for Beverage Container Recycling Community Outreach Program funding in the amount of $165,000, to be added to an in-kind contribution of $55,000 from our project partner, to meet the total project cost of $220,000. If the grant is awarded" staff will retum to Council with a recommendation to accept and appropriate the grant funds to the program. All costs to maintain and replace recyclable bins are borne by Allied Waste as a condition of their contract agreement with the City. Attachments: 1. Illustration of Single-Stream Container M:\General Services\GS Administration\Council Agenda\CRV Grants\CRV singlestreamgrant application, 7-12~05.doc 9-2 a. (1)0 "E ,,- '" CIl CIl 0 '0..:5 .0 U) "0> 32.5 Co ~ o 00 u~ en.s..... (1)= CIlc:-s,CiiE c:CIl " oa.sc"'C '" 0 E c: .- c: c: co "'C n:J Q) E en = Q)OW c:fiCJox oo.~Jg~.8 "'Qa.JfG CIl"- a.::l.o 0. "'C 12 'S ~ g. g.s :rl (1)"::'::: '- en .cUIt)Q:; =..2:50) .~ (a _0 CIlc: > U) .c (,/) co .5 co ~ " .Q"cuCf.l =.:t::o>. <1:;:",.0 r::: ",OJ 0)0l X r::: 0).- 0.13 Ei:)' o 0) <..la: ~E .E ell ~ ~ ~- :6 cr - 0) :::J_ ~Ol .!: en 9-3 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE DEPARTMENT OF CONSERVATION FOR BEVERAGE CONTAINER RECYCLING COMMUNITY OUTREACH PROGRAM FUNDS TO STREAMLINE RECYCLING SERVICES TO MULTI-FAMILY RESIDENTS IN CHULA VISTA WHEREAS, the City's multi-family residents currently generate over 800 tons of recyclables annually. The City intends to make the recycling process more convenient for multi- family residents by streamlining the recycling program and ensuring its sustainability; and WHEREAS, the City will also ensure sustainability of the program by requiring that all future multi-family housing and condo conversions allocate sufficient space, in convenient locations, for full-sized bins, one for trash and one for single-stream recyclables; and WHEREAS the total project cost to accomplish these objectives is estimated to be $220,000. Staff proposes applying to the Department of Conservation's Beverage Container Recycling Community Outreach Program for grant funding in the amount of $165,000 to implement the project; and WHEREAS, the project will also be partially funded by a $55,000 contribution in in-kind services, or a 25% match, from our partner Allied Waste. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approves the filing of a grant application to the Department of Conservation for Beverage Container Recycling Community Outreach Program funds to streamline recycling services to multi-family residents in Chula Vista. Jack Griffin Director of General Services Approved as to form by ;,~vJj ~ 17 Ann Moore City Attorney Presented by J:\attomey\reso\Grant\Beverage Container Recycling 7 1205 9-t-f COUNCIL AGENDA STATEMENT Item 10 Meeting Date 7/12/05 ITEM TITLE: Resolution Authorizing and empowering the City Manager or his designee to execute all grant documents necessary to secure local government Beverage Container and Litter Reduction Act Grant Funds and implement the approved grants SUBMITTED BY: Director of G~neral serviceO~ City Manage~ (4/5ths Vote: Yes _ NoX) REVIEWED BY: The California Department of Conservation, Division of Recycling (OOR) is distributing $10.5 million for Fiscal Year 2005/2006 to eligible cities and counties specifically for beverage container recycling and litter clean up activities. The goal of the DOR's beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value (CRV) beverage containers - aluminum, glas~, plastic and bi-metal. Projects implemented by cities and counties assist the Department in reaching and maintaining their goal. Each city is eligible to receive a minimum of$5,000 or an amount calculated by the DOR, on a per capita basis, whichever is greater. Chula Vista is eligible to receive $57,157 for 2005/2006. RECOMMENDATION: Adopt the resolution authorizing and empowering the City Manager or his designee to execute all grant documents necessary to secure local government Beverage Container and Litter Reduction Act Grant Funds and implement the approved grants. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The California Beverage Container Recycling and Litter Reduction Act requires the Department of Conservation - Division of Recycling (DOR) to distribute a total of approximately $1 0.5 million per year to eligible cities and counties for beverage container recycling and litter clean up activities (Section 14581 (a)(4)(A)). Chula Vista is eligible to receive a $57,157 award, calculated on a per capita basis. There is no sunset to the provision and the State anticipates the allocation remaining stable for several years. No local matching funds are required by the State and none are recommended. These funds will assist the City in meeting the State mandated landfill diversion requirements (AB 939, the California Integrated Waste Management Act) by funding programs that will increase the City's diversion of rigid containers: glass, aluminum, steel and plastic food and beverage containers. FISCAL IMPACT: The funds are awarded upon request and are directed to beverage container recycling and litter reduction programs. There will be no impact to the General Fund as a result of accepting these funds or implementing the programs described. Attachment: Copy of electronic submittal form M:IGeneral ServiceslGS AdministrationlCouncil AgendalCRV GrantslCRV grant, 7-12-05.OOc 10-1 Page 1 of2 JIlty Funding Request Form iornia Home Department of Conservation Division of Recycling Certified Recvclina Centers & Processors Distributors. Mmufaclurlm..& RmlLm FTP Site General Proaram Information Kids & Educators Laws & Rea~ GJ:a!!1l! Local Government Agencies & Curbside Proaram Official Notices DOR Links About Us Contact Us JJ1!li. Site Map ~IllFAQ Monday, April 4, 2005 ~, My CA 0 This Site City/County Funding Request Form Guidelines Funding Request Fann For a printable copy of your completed FRF, click PRINT VIEW, then from your browser toolbar, click FILE then PRINT. THIS IS YOUR FILE COPY Funding Request Form Summary City/County: Chula Vista Eligible Amount: $57,157 Contact for Funding Request Form Ms. Lynn France ConseNation Coordinator Chu[a Vista 276 Fourth Ave Chula Vista, CA 91910- Phone: (619) 476-5364 ex!. Fax: (619) 409-5884 exl. Email: Ifrance@ci.chula-vista.ca.us Project Description Chula Vista will use the funds to promote beverage container recycling within our curbside recycling, multi-family recycling and hospitality recycling prgrams. We will develop brochures and various public education pieces (such as billing inserts, direct mail, "How To" Brochures, promotional items) for distribution at street fairs and city special events, promotional signs for the colledion trucks and city buses. Additionally, our Recycling Rangers and Recycling Specialists walk the residential streets on service days looking for residents that are recycling correctly and recognizing them for their efforts with a Thanks for Recycling tag and small giveaway items. On the 4th of July we distribute "Thanks for making this a Litter Free Event" trash bags to all the groups using the marina area parks. We also provide these bags to the annual Creek to Bay Clean Up ~ where volunteers work to clean up the trash and litter in the river beds, tributaries and beaches within Chula Vista (Otay River and Sweetwater River). Supermarket site restriction: No Amount $20,000 Selected Activities Beverage Container Collection Programs Bars 1 Restaurants Government I Office Buildings Curbside _ Residential Curbside - Commercial Curbside - Muttl-famlly EnterlainmentVenues Theme Parks sports Complexes Aquatic Centers Community Events Fairs Equipment / Supplies Recycling Bins 1 Liners 18ags Safety Equipment (gloves, etc.) Recycling EducatIon General Public Recycling Hotline I Website Exhibits / Booths Schools Concert Halls Open Markets $14,000 Workshops I Presentations Recycling Guides 1 Booklets 1 Brochures School 1 Assemblies I Shows 10-2 ttn~.III'~"T'~ f"nnc;:.pM,T!:lt;nn r:::l anv/(,,_:::lnrc;:./frf!M~infFlmrlingReauestForm.asox 04/04/2005 mty Funding Request Form Elementary High Advertising I Promotional Promotional Items Billboards I Signs Print Ads I Fiyers I Posters Litter Clean-up Public Parks I Recreational Areas Community Events Recycled Content Products Park I Playground Equipment Building Material Signs Personnel Training Other (Recycling Rangers Program) Page 20[2 $12,000 $5,000 $4,157 $2,000 Grand Total $57,157 These funds may not be used for activities unrelated to beverage container recycling or litter reduction. [Public Resources Code 14581.(a)(4)(C)] I ~_~I Status: FRF has not been saved. Back to Too of Paoe Last edited on Contact webmastera:Dconsrv.ca.oQv J Copyright <Q California Department of Conservation, 2004. All rights reserved. The Department of Conservation makes no warranties as to the suitability of this product for any purpose. C 2004 State of California. Arnold Schwarzenegger, Govemor. Conditions of Use Privacy Policy https:llcaprs.conservation.ca.gov/ caprs/frfi'MainIF unding~~~~stF orm.aspx 04/04/2005 DRAFT RESOLUTION NO. 2005-_ 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 BEVERAGE CONTAINER AND LITTER REDUCTION ACT GRANT FUNDS AND Il\.1PLEMENT THE APPROVED GRANTS WHEREAS, the California Department of Conservation, Division of Recycling (DOR) is distributing $10.5 million for Fiscal Year 2005/2006 to eligible cities and counties specifically for beverage container recycling and litter clean up activities; and WHEREAS, the goal of the DOR's beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value (CRV) beverage containers - aluminum, glass, plastic and bi-metal. Projects implemented by cities and counties assist the Department in reaching and maintaining their goal; and WHEREAS, each city is eligible to receive a minimum of$5,000 or an amount calculated by the DOR, on a per capita basis, whichever is greater. Chula Vista is eligible to receive $57,157 for 2005/2006; and WHEREAS, these funds will assist the City in meeting the State mandated landfill diversion requirements (AB 939, the California Integrated Waste Management Act) by funding programs that will increase the City's diversion of rigid containers: glass, aluminum, steel and plastic food and beverage containers. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorizes and empowers the City Manager is hereby authorized to execute all documents in conjunction with the acceptance and execution of the grant. Presented by Approved as to form by iJef>>ZM Ik~ jtP1 Ann Moore City Attorney Jack Griffin Director of General Services l:\attomey\reso\Grant\Beverage Container and Litter Grant 71205 10-4 COUNCIL AGENDA STATEMENT Item /1 Meeting Date: 7/12/05 ITEM TITLE: Resolution Appropriating $275,000 from the Salt Creek Sewer Development Impact Fee Fund and establishing a new Capital Improvement Project No. SW245 (Salt Creek Trunk Sewer Maintenance CIP); and awarding a Purchase Agreement in the amount of $231,295.31 to Haaker Equipment Company for one four-wheel drive sewer cleaning truck through a cooperative purchase with the City of Vista Resolution Amending the FY 05-06 Public Works Operations budget by appropriating $26,000 from the available balance of the Sewer Fund; and amending the proposed spending plan for FY 06-07 Public Works Operations budget by appropriating $39,000 from the available balance of the Sewer Fund for equipment maintenance and replacement costs for a sewer cleaning truck SUBMITTED BY: DireoM ,f!'.,hlie Wod" OpomU'M tJ CitYMana~ (4/5 Vote: Yes..x..No~ REVIEWED BY: The City of Chula Vista is participating in a current City of Vista bid from Haaker Equipment Company for the purchase of one four-wheel drive sewer cleaning truck. The City of Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. There are no vendors in the City of Chula Vista that normally furnish this type of heavy equipment. RECOMMENDATION: That Council: I) Adopt the Resolution appropriating $275,000 from the Salt Creek Sewer Development Impact Fee Fund and establishing a new Capital Improvement Project No. SW245 (Salt Creek Trunk Sewer Maintenance CIP); and awarding a Purchase Agreement in the amount of $231,295.31 to Haaker Equipment Company for one four-wheel drive sewer cleaning truck through a cooperative purchase with the City of Vista. 2) Adopt the Resolution amending the FY 05-06 Public Works Operations budget by appropriating $26,000 from the available balance of the Sewer Fund; and amending the proposed spending plan for FY 06-07 Public Works Operations budget by appropriating $39,000 from the available balance of the Sewer Fund for equipment maintenance arid replacement costs for a sewer cleaning truck 11-1 Page 2, Item I! Meeting Date: 7/12705 BOARDS/COMMISSIONS RECOMMENDA nON: N/ A DISCUSSION: Currently, Public Works Operations does not have the ability to travel to remote canyon locations along the Salt Creek Trunk Sewer with existing equipment. The current combination sewer cleaners utilized by the department are large, heavy-duty, two-wheel drive, vehicles that consist of either 5 or 12 cubic yards debris tanks. Many of the remote sewer access roads along the Salt Creek Truck Sewer are adjacent to steep canyons. Since these sewer access roads are constructed of decomposed granite or other loose materials, it would be unsafe for crews to utilize this equipment during a storm should a sewer spill occur. In addition, parts of the Salt Creek Trunk Sewer are buried beneath native soil with no defmed access road. Therefore, staff recommends the purchase of a smaller, four-wheel drive, combination sewer cleaner, with a 3 cubic yards debris tank so crews can safely negotiate sewer access roads without sliding off the road during storms or other slippery conditions. The net total cost of this vehicle including taxes is $231,295.31. Staff also recommends the purchase of GPS equipment to be placed on various locations (access points) along the Salt Creek Trunk Sewer. This equipment will enable crews to locate these access points in remote areas in case a sewer spill occurs. FISCAL IMPACT: A total of$275,000 is available in the Salt Creek Sewer DIF Fund. Of this amount, $231,295.31 will be used to purchase a four-wheel drive sewer cleaning truck. The remaining $43,704.69 will be used to purchase GPS equipment for the Salt Creek Truck Sewer. The total impact to the Sewer Fund is $26,000 for the remainder of FY05-06. Of this amount, $6,534 will be allocated for equipment maintenance and $19,466 for replacement costs for the sewer cleaning truck. The ongoing total cost is $39,000 annually. There is no impact to the General Fund. Attachment: Haaker Equipment Company's Proposal C:\Documents and Settings\robertb\My Documents\Bob\Al13 4-W Sewer Cleaning Truck.doc 11-2 BS fJiJ HAAK .R EQUIPMENT COMPJ lY SINCE 1972 A CALIFORNIA CORPORATION 2070 N. WHITE AVENUE LA VERNE, CALIFORNIA 91750 (909) 598-2706 . FAX (909) 598-1427 PARTS DEPT. FAX (909) 594-0498 www.haaker.com April 26, 2005 Mr. Dave Byers CITY OF CHULA VISTA 1800 Maxwell Road Chula Vista CA 91911 619397-6255 Dear Mr. Byers: Haaker Equipment is pleased to offer the City of Chula Vista an add-on to the City of Vista, Bid of February 24, 2005, purchase order #20050796 dated 4/15/05, for a Vactor 2103 Sewer cleaner. ONE (1) NEW V ACTOR MODEL 2103 SEWER CLEANER Mounted On A 2005" International 7600 Chassis. The Unit is Equipped With The Following: Standard Equipment ./ Double Acting Hydraulic Dump Hoist ./ Electronic Back Up Alarm ./ (2) Jet Rodder Nozzles ./ 6-Way Power Boom Assembly with 120-Degree Rotation and 4' Hydraulic Extension ./ Remote Push Button Pendant Control with 15' of Cable ./ Standard 6' Diameter Pipe Package: (I) 8" X 3' Aluminum Pipe Extension (2) 8" X 5' Aluminum Pipe Extension (1) 8" X 6' Catch Basin Nozzle (4) 8" Overcenter Quick Clamps with Gaskets ./ Full Opening Rear Door with 4" Drain Hose ./ 3 Cu. Yd. Catch Basin Cleaner & Sewer Cleaner ./ Gear Type Transfer Case for Blower ./ Stainless Steel Ball Float Shut Off ./ 500 Gallon Aluminum Water Tank Capacity ./ Vactor Manufacturing Variable Pressure Water Pump, Hydraulically Driven, Double Acting, Single Piston 80 GPM @ 2500 PSI Water System ./ Multi Flow System ./ 500 Foot Capacity, Rotating, Front Hose Reel ./ Nitrogen Accumulator ./ 500' Capacity Hose Reel with 500' of o/.j", 3,000 PSI Operating, 7,500 Burst Pressure Rodder Hose ~ -- - ~ 11-3 . a e ./ Variable Flow Handgun Assembly with 25' of \1," Drain Hose with Centrally Locted Coupler ./ Flexible Hose Guide ./ (I) Weatherproof Lockable Tool Box, 12x65x20" ./ Mud Flaps Options Included ./ 6" Decant System with Air Operated Knife Valve Forward Mounted with Screen ./ Fold Down Pipe Rack, Curb and Streetside ./ Debris Body Flushout ./ Body Load Limit Alarm ./ 4" Butterlly Valve/Rear Door ./ 450 GPM Pump Off System, Internal Mount ./ Rear Door Splash Shield ./ Hydraulic Rear Door Locks ./ Debris & Water Tanks Combined ./ Plumb Front Hyd to Front Bumper ./ Splash Shield ./ Aluminum Pipe (3) 6"x5' ./ Aluminum Pipe (3) 6" x 7.5' ./ Quick Clamp 6" (8) ./ Hot Shift Blower Drive ./ Lube Manifold ./ Retractable Handgun Hose Reel with 50' Hose Assembly ./ Radder Pump Drain Valves ./ Front and Rear Handgun Couplers ./ 3" Drain Valve at Water Pump ./ Joystick Boom Control ./ Handlight with Bumper Plug ./ Worklights at Operator Station ./ Boom Worldights ./ Whelen Light Package ./ (2) HA238C Hide Away Strobes ./ (2) MC 100SGA Strobes ./ (1 )SPS660 Power Supply ./ (1) 9042520/1 52" Light Bar with 9A1y Alley Lights ./ (1) PCC6R Controller ./ (1) T A870A Traffic Advisor ./ (2) T ATPR20 - 20' Extension Cable ./ Spot Lights I Cab Unity (2) A Post ./ (2) Tow Man Mid-ship ./ Emergency Flare Kit (Triangle) ./ 5# Fire Extinguisher ./ 72xI8xI8 Aluminum tool Box ./ Imron Paint ./ Rear Door Stripe, Chevron Style ./ (1) IS-Degree Sand Nozzle ./ (1) 20-Degree Probe Nozzle ./ ,(1) 30-Degree Sanitary Nozzle ./ Side Skirts, Aluminum Total Price:.............................................................$ 212,541.43 (Tax Included) Should the City ofChula Vista desire the All-Wheel Drive chassis option, add $17,405.00 for a total of $ 231,295.31 (tax included). THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT. NOTE: Price is good for 60 Davs. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented. TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, Will require payment unless a properly executed Exemption Certificate is submitted. . DELIVERY: 90-120 ARO Chassis TERMS: Net 10 Or ADDrovedLease 11-4 Add-On/Cooperative Purchase Authorization: Haaker Equipment Company offers the above proposed price, terms and conditions to any governmental agency or subdivision in the State of California or Nevada for a period not to exceed a full calendar year from the date of original purchaser's purchase order or contract. We appreciate the opportunity to present this proposal and look forward to being of further and continued service. HAAKER EQUIPMENT COMPANY ACCEPTED BY: Thank you for your consideration and we look forward to meeting the City ofChula Vista's requirements. Sincerely, ~l+ --:S. Dave Thomas DT/rp 11-5 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $275,000 FROM THE SALT CREEK SEWER DEVELOPMENT IMPACT FEE FUND AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT NO. SW245 (SALT CREEK TRUNK SEWER MAINTENANCE CIP); AND AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $231,295.31 TO HAAKER EQUIPMENT COMPANY FOR ONE FOUR-WHEEL DRIVE SEWER CLEANING TRUCK THROUGH A COOPERATIVE PURCHASE WITH CITY OF VISTA WHEREAS, Public Works Operations does not have the ability to travel to remote canyon locations along the Salt Creek Trunk Sewer with existing equipment; and WHEREAS, staff recommends the purchase of a smaller, four-wheel drive, combination sewer cleaner, with a 3 cubic yards debris tank so crews can safely negotiate sewer access roads without sliding off the road during storms or other slippery conditions; and WHEREAS, the net total costs of this vehicle including taxes is $231,295.31; and WHEREAS, staff recommends the purchase of GPS equipment to be placed on various locations (access points) along the Salt Creek Trunk Sewer. This equipment will enable crews to locate these access points in remote areas in case a sewer spill occurs. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chula Vista does hereby appropriate $275,000 from the Salt Creek Trunk Sewer Development Impact Fee Fund and establish a new Capital Improvement Project No. SW245 (Salt Creek Trunk Sewer Maintenance CIP). BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby award a Purchase Agreement in the amount of $231,295.31 to Haaker Equipment Company for one four-wheel drive sewer cleaning truck through a cooperative purchase with the City of Vista. Presented by: Approved as to form by: Dave Byers Director of Public Works Operations .d4~ r AJL onn Moore City Attorney J:Attomey/Reso/Sewer/Salt Creek DIF - Resolution 71205 11-6 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 05-06 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $26,000 FROM THE AVAILABLE BALANCE OF THE SEWER FUND; AND AMENDING THE PROPOSED SPENDING PLAN FOR FY06-07 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $39,000 FROM THE AVAILABLE BALANCE OF THE SEWER FUND FOR EQUIPMENT MAINTENANCE AND REPLACEMENT COSTS FOR A SEWER CLEANING TRUCK WHEREAS, Public Works Operations does not have the ability to travel to remote canyon locations along the Salt Creek Trunk Sewer with existing equipment and WHEREAS, staff recommends the purchase of a smaller, four-wheel drive, combination sewer cleaner, with a 3 cubic yards debris tank so crews can safely negotiate sewer access roads without sliding offthe road during storms or other slippery conditions and WHEREAS, the total impact to the Sewer Fund is $26,000 for the remainder ofFY05-06. Of this amount, $6,534 will be allocated for equipment maintenance and $19,466 for replacement costs for the sewer cleaning truck; and WHEREAS, the ongoing total costs is $39,000 annually. There is not impact to the General Fund; and NOW THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Chula Vista amends the FY 05-06 Public Works Operations budget by appropriating $26,000 from the available balance of the Sewer Fund; and amending the proposed spending plan for FY 06-07 Public Works Operations budget by appropriating $39,000 from the available balance of the Sewer Fund for equipment maintenance and replacement costs for sewer cleaning truck. Presented by Approved as to form by Dave Byers Director of Public Works Operations {2:1 ( /hJJf -. Moore City Attorney JJAttomeylRESOISEWERlAmd FY OS-Q6 PWOPS Budget 11-7 COUNCIL AGENDA STATEMENT Item 12.- Meeting Date 7/12/05 ITEM TITLE: Resolution Approving Memorandum of Dnderstating (MOD) between the San Diego Association of Goverrunents (SANDAG), the Metropolitan Transit System (MTS) and the City OfChula Vista regarding the purchase, delivery, ownership and use of one (I) bus for the City of Chula Vista's Nature Center. SUBMITTED BY: Director of Public Works Operations ~ REVIEWED BY: City Manag~ (4/5ths Vote: Yes_No..x.J At its meetings of January 13, 2004 and January II, 2005 Council approved resolutions to use $183,000 of City unallocated Transportation Development Act funds to match an Air Pollution Control District (APCD) grant for the purchase of a Mid-size, CNG bus for the Nature Center. The attached MOD outlines each participating agencies' responsibilities. RECOMMENDATION: That Council adopt the resolution approving the MOD between SANDAG, MTS, and the City regarding the purchase, delivery, ownership and use of one (I) bus for the City ofChula Vista's Nature Center. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: Nature Center Shuttle On May 23, 2002, the MTS Board made a policy decision to eliminate the subsidy to Non- Transit Services. These were services that catered to niche markets and were not tied to the regional transit network. MTS Board's decision was conveyed to Council during the Fiscal Year 03 Budget Workshop and on February II, 2003, as part of Transit staff's Chula Vista Transit (CVT) Operations and Funding Report. The CVT Nature Center Shuttle (NCS) (Route 708) falls into this category of Non-Transit Services. Due to the Nature Center's restricted access, the City's transit system, CVT, has been providing transportation to the visitors of the Nature Center. TDA funds and a small share ofthe entrance fees have been subsidizing this service since the opening of the Nature Center. To avoid negative impacts on the service to the Nature Center, MTS staff developed a phase-out plan whereby the City would take over the administrative and financial responsibilities of the NCS by FY 2005. As part of the MTS's Nature Center Shuttle divestiture plan, MTS staff was to pursue grant funding for an alternative fueled bus with the City proving the funding balance using its Prior- year TDA unallocated funds in the amount of$183,000. APCD awarded MTS a $135,000 grant 12-1 Page 2, Item /2- Meeting Date 7/12/05 to be used for the purchase of a CNG bus for the Nature Center. On April 24, 2003, the MTS Board executed an agreement to purchase the bus at a cost of $318,000 and on July 6, 2004, MTS issued the Notice to Proceed to the bus dealer, Creative Bus Sales. As part of this process the MOU is required between the agencies to defme each agencies responsibilities. FISCAL IMPACT: No City of Chula Vista General Fund contributions. Attachment: Memorandum of Understanding 12-2 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG), THE METROPOLITAN TRANSIT SYSTEM (MTS) AND THE CITY OF CHULA VISTA REGARDING THE PURCHASE, DELNERY, OWNERSHIP AND USE OF ONE (1) BUS FOR THE CITY OF CHULA VISTA'S NATURE CENTER WHEREAS, on May 23,2002, the MTS Board made a policy decision to eliminate the subsidy to Non-Transit Services; and WHEREAS, the CVT Nature Center Shuttle (NCS) falls into this category of Non- Transit Services; and WHEREAS, to avoid negative impacts on the Nature Center, MTS staff developed a phase-out plan whereby the City would take over the administrative and financial responsibilities of the NCS by FY 2005; and WHEREAS, as part of the MTS's Nature Center Shuttle divestiture plan, MTS staff was to pursue grant funding for an alternative fueled bus with the City proving the funding balance using its Prior-year TDA unallocated funds in the amount of$183,000; and WHEREAS, APCD awarded MTS a $135,000 grant to be used for the purchase of CNG bus for the Nature Center. On April 24, 2003, the MTS Board executed an agreement to purchase the bus at a cost of$3l8,000 and on July 6, 2004, MTS issued the Notice to Proceed to the bus dealer, Creative Bus Sales. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the Memorandum of Understanding between the San Diego Association of Governments (SANDAG), the Metropolitan Transit System (MTS) and the City of Chula Vista regarding the purchase, delivery, ownership and use of one (1) bus for the City of Chula Vista', Nature Center, a copy of which will be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor ofthe City of Chula Vista is hereby authorized to execute said Memorandum of Understanding on behalf of the City of Chula Vista. Presented by Approved as to form by ilt F' ~ oore . y Attorney Dave Byers Director of Public Works Operations J:IAttorneyIRESOIMOUIMOU SANDAG, MTS, NATURE CENTER 12-3 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ,~;Jl~ Ann Moore City Attorney Date2 /t/ cS / I APPROVING MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG), THE METROPOLITAN TRANSIT SYSTEM (MTS) AND THE CITY OF CHULA VISTA RE: PURCHASE, DELIVERY, OWNERSHIP AND USE OF ONE (1) BUS FOR CITY OF CHULA VISTA NATURE CENTER 12-4 DRAFT MTS Doc. #B0443.0-05 PC 1142400 MEMORANDUM OF UNDERSTANDING NO. 5000275 (CR 1142400) BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) THE METROPOLITAN TRANSIT SYSTEM (MTS) AND THE CITY OF CHULA VISTA REGARDING THE PURCHASE, DELIVERY, OWNERSHIP, AND USE OF ONE (1) BUS FOR USE AT THE CITY OF CHULA VISTA NATURE CENTER This Memorandum of Understanding ("MOU") is made and entered into effective as of this day of ,2005 by and between the San Diego Association of Governments ("SANDAG") and the Metropolitan Transit Development Board, operating the Metropolitan Transit System, ("MTS") and the City of Chula Vista. RECITALS The following recitals are a substantive part of this Agreement: WHEREAS, The City of Chula Vista wishes to purchase one (1) thirty foot (30') Compressed Natural Gas (CNG) bus for a Chula Vista Nature Center Shuttle; and WHEREAS, SANDAG will receive $135,000 of funds awarded from the Air Pollution Control District for the purchase of the vehicle; and WHEREAS, The City of Chula Vista will use up to $183,000 of its unallocated Transportation Development Act (TDA) reserves to match the funds for the purchase of the vehicle; and WHEREAS MTS has agreed to act as the purchasing agent for the City of Chuia Vista: and WHEREAS MTS has agreed to include the purchase of one (1) thirty foot (30') Compressed Natural Gas (CNG) bus for a City of Chula Vista Nature Center Shuttle in IFB 930066; and WHEREAS, The City of Chula Vista will be the owner of the vehicle; and WHEREAS, the parties wish to memorialize their agreement in this MOU to carry out the purposes set forth above; AGREEMENT NOW THEREFORE, in consideration of the mutuai promises set forth herein, the parties agree as follows: SANDAG AGREES: 1. To act in the capacity of the funding agent for the City of Chula Vista for the purchase and delivery of one (1) thirty foot (30') Compressed Natural Gas (CNG) bus for a Chula Vista Nature Center Shuttle. 12-5 DRAFT 2. To enter into an agreement with the Air Pollution Control District to receive $135,000 towards the purchase of one (1) thirty foot (30') Compressed Natural Gas (CNG) bus for a Chula Vista Nature Center Shuttle. 3. To approve a claim for the City of Chula Vista from it's unallocated TDA reserves fund for up to $183,000 to be used as the match to the Air Pollution Control District funding of $135,000 toward the purchase of one CNG 30' bus. 4. To transfer up to $318,000 to MTS to purchase the bus for the City of Chula Vista. 5. To defend, indemnify and hold the MTS, and the City of Chula Vista, its Board of Directors, City Council, contract management and staff, agents, harmless from any and all liability, claims, damages or Injuries to any person or property, including injury to MTS, and the City of Chula Vista's employees, arising from or connected with SANDAG's performance of or failure to perform its obligations under this MOU. Neither the MTS, the City of Chula Vista, nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority or jurisdiction delegated to SANDAG under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify and save harmless the MTS, and the City of Chula Vista, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority or jurisdiction delegated to SANDAG under this MOU. MTS AGREES: 1. To include the purchase and delivery of one (1) thirty foot (30') Compressed Natural Gas (CNG) bus for a Chula Vista Nature Shuttle in SDTC IFB 930066. 2. To defend, indemnify and hold SANDAG and the City of Chula Vista, its Board of Directors, City Council, contract management and staff, agents, and member agencies harmless from any and all liability, claims, damages or injuries to any person or property, inClUding injury to SANDAG and the City of Chula Vista's employees, arising from or connected with MTS' performance of or failure to perform its obligations under this MOU. Neither SANDAG, the City of Chula Vista, nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by MTS under or in connection with any work, authority or jurisdiction delegated to MTS under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, MTS shall fully defend, indemnify and save harmless SANDAG, the City of Chula Vista, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by MTS under or in connection with any work, authority or jurisdiction delegated to MTS under this MOU. 2 12-6 DRAFT CITY OF CHULA VISTA AGREES: 1. To provide specifications to MTS for the purchase and delivery of one (1) thirty foot (30') Compressed Natural Gas (CNG) bus for a City of Chula Vista Nature Center Shuttle. 2. To accept the financiai responsibility for the service and operation of the vehicle. 3. To defend, indemnify and hold SANDAG and MTS, its Board of Directors, contract management and staff, agents, and member agencies harmless from any and all liability, claims, damages or injuries to any person or property, including injury to SANDAG and MTS employees, arising from or connected with The City of Chula Vista's performance of or failure to perform its obligations under this MOU. Neither SANDAG, MTS, nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by the City of Chula Vista under or In connection with any work, authority or jurisdiction delegated to the City of Chula Vista under this MOU. It is understood and agreed that, pursuant to Government Code Section 895.4, the City of Chula Vista shall fully defend, indemnify and save harmless SANDAG, MTS, all officers and employees from all ciaims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by the City of Chula Vista under or in connection with any work, authority or jurisdiction delegated to the City of Chuia Vista under this MOU. 4. To abide by terms and conditions of the contract between SANDAG and the Air Pollution Control District for the City of Chula Vista Nature Center CNG Shuttle Bus. THE PARTIES MUTUALLY AGREE: 1. That all obligations of SANDAG under the terms of this MOU are subject to the appropriation of the required resources by SANDAG and the approval of the SANDAG Board of Directors. 2. Any notice required or permitted under this MOU may be personally served on the other party, by the party giving notice, or may be served by certified mail, return receipt requested, to the following addresses: For SANDAG Attn: Kerri Everett 401 B Street, Suite 800 San Diego, CA 92101 For City of Chula Vista Attn: Andy Trujillo 1800 Maxwell Road Chula Vista, CA 91911 For MTS Attn: Paul Jablonski 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101 3 12-7 DRAFT 3. Unless it is amended by the parties in writing, this MOU shall terminate on June 30, 2009, or on such earlier or later date as the parties may agree to in writing. 4. The indemnification provisions of this MOU shall survive termination of the MOU. 5. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 6. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors and assigns. 7. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants and operations. 8. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 9. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the lega/liability of the parties to this MOU. 10. This MOU may be executed in any number of identicai counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each party has signed one such counterpart. 4 12-8 DRAFT IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CHULA VISTA ~;/ po+, ~ cut~~: ire~~~S STEPHEN C. PADILLA Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: DAG City Attorney, City of Chula Vista METROPOLITAN TRANSIT DEVELOPMENT BOARD/METROPOLITAN TRANSIT SYSTEM ~~l ~KI Chief Executive Officer APPROVED AS TO FORM: ~ unsel, MTDB/MTS 5 12-9 COUNCIL AGENDA STATEMENT Item 1'3 Meeting Date 7/12/05 ITEM TITLE: Resolution Authorizing the San Diego Association of Governments (SANDAG) to Claim and Transfer to the City ofChula Vista from the City's Prior-Year Unallocated Transportation Development Act (IDA) Article 4.0 funds the amount of $119,767.36, awarding a Purchasing Agreement for a street sweeper to Haaker Equipment Company through a cooperative bid with the State of Minnesota (Contract #980-302), and appropriating funds, therefore Resolution Amending the FY 05-06 Public Works Operations budget by appropriating $15,666 from the available balance of the General Fund; and amending the proposed spending plan for FY 06-07 Public Works Operations budget by appropriating $20,888 from the available balance ofthe General Fund for equipment maintenance and replacement costs for a street sweeper SUBMITTED BY: Director of Public Works operations/ REVIEWED BY: City Mana~ (4/5 Vote: Yes...x... No-.J A total of$119,767.36 will be used to purchase a medium-duty, street sweeper for the purpose of sweeping the parking lots located at the John Lippitt Public Works Center (PWC), and Transit centers and facilities citywide. The Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City, therefore, is participating in a current State of Minnesota bid as a local bidder, Haaker Equipment Company, has agreed to honor the price. RECOMMENDATION: That Council: 1) Adopt the Resolution approving the claim, transfer, and appropriation of$119,767.36 from the Transportation Development Act (IDA) Fund for the acquisition ofa street sweeper and award a Purchase Agreement to Haaker Equipment Company. 2) Adopt the Resolution amending the FY 05-06 Public Works Operations budget by appropriating $15,666 from the available balance of the General Fund; and amending the proposed spending plan for FY 06-07 Public Works Operations budget by appropriating $20,888 from the available balance of the General Fund for equipment maintenance and replacement costs for a street sweeper. 13-1 Page 2, Item ! 3 Meeting Date 7/12/05 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The City of Chula Vista maintains control of pre-consolidation, prior-year, Transportation Development Act funds. These funds are available for operational issues and capital transit projects. City Transit staff is recommending the purchase of a medium-duty, regenerative air, street sweeper to sweep the parking lots at transit centers, the PWC, and at bus stops citywide. The transit centers at E Street/Bayfront, H Street, and Palomar Street are key gateways to the City that generate a high number of passengers; thus, the importance of maintaining the aesthetics and cleanliness of these sites. With stricter National Pollution Discharge Elimination System (NPDES) regulations, the street sweeper will assist the City with mitigating any potential problems, i.e. trash, dirt, hydraulic and engine fluids, etc. that may contaminate stormwater run-off. The Infrastructure Maintenance Division (IDM) will provide the staff necessary to operate the street sweeper at the Transit centers, bus stops, PWC, and at post-accident scenes for street clean up. FISCAL IMPACT: CVT operations and capital programming contains no City of Chula Vista General Fund contribution. A total of$119,767.36 will come from the City's prior-year unallocated IDA fund reserves. An estimated balance of $447,010 would remain under the control of the City. (See Attachment) The total impact to the General Fund is $15,666 for the remainder of FY05-06. Of this amount, $3,571 will be allocated for equipment maintenance and $12,095 for replacement costs for the sweeper. The ongoing total cost is $20,888 annually. Attachment: Haaker Equipment Co. Proposal File: DS-022/036 13-2 Page 3, Item l3 Meeting Date 7/12/05 TDA Prior-year Unallocated Funds Unallocated TDA Funds Soendinl~ Plan Total Funds Available Notes Unallocated TDA Reserves $868,123 Capital Reserve Account - Southwestern College Driveway Upgrades $50,000 Subtotal TDA Reserves $918,123 Unanticioated FY 04 Pre-Consolidation Credits: Insurance Settlement $4,476 Fare Counting Equipment Refund $153 Sale of City Owned Buses $8,357 Diesel Tax Refund $69,168 Subtotal FY 04 Credits $82.154 Total TDA Funds Available $1,000,277 Approved and Anticioated Exoenditures Committed Projects Nature Center Shuttle Bus Match - Reso. 2004-019 $165,000 Snent Operator/ServicerlMechanic Retention Incentive - Reso. 2004-303 $220,500 Unspent To-Date Additional Funds - Nature Center Shuttle - Reso. 2004-006 $18,000 Snent GIS Orthophotographv Proiect - Reso. 2005-037 $30,000 Spent Street Sweeper per Reso. -2005-??? $119,767 Pending Council Action Subtotal Committed Proiects $553.267 Proposed Creation of Capital Reserve Accounts: .:. Radio Antenna and Repeater Replacement $47,010 .:. Liability Claim Reserve $100,000 .:. CNG Fueling Station UpgradeslRepairs $300,000 Subtotal Proposed Reserve Accounts (Balance) $447,010 Total Spendin2 Plan $1,000,277 13-3 PROPOSAL June 13, 2005 TO: CITY OF CHULA VISTA 1800 Maxwell Road Chula Vista, California ATfN: Mr. David Byers Haaker Equipment Company wishes to offer the City of Chula Vista the ability to purchase a new ELGIN Crosswind Fury through pricing schedule from the Minnesota State purchasing contract. ONE (1) EACH - ELGIN CROSSWIND FURY PER ATTACHED CONTRACT PRICING CODE #980-302. WITH THE FOLLOWING ADDITIONAL ITEMS ODtions .( 2.1 .( 2.4 .( 2.6 .( 2.8 .( 2.9 .( 2.10 Extra Water Capacity (92 Gallons) Low Hydraulic Oil Shutdown Front Spray Bar Hopper Vibrator Hopper Up and Door Open Indicator Outside Hopper Ownp Controls .( 2.11 High Pressure Washdown System (4.2 GPM @ 1500 PSI) Auxiliary Hydraulic Pump Reswne Sweep Function Side Broom Tilt, Right Right Hand Hydraulic Wandering Hose .( 2.12 .( 2.14 .;' 2.15 .;' 2.18 Unit Price: ................................... ............... ........... ........... ...$ 107,253.00 Local Delivery and Prep:... .................................................. 2,10000 Safety Lighting Package (per description below): ......................................... 1.800.00 Subtotal: ........ ...................................... ............. ........................................ $ 111,153.00 Sales Tax@ 7.75%: ..... ................................................................................ 8.61436 PRICE F.O.B. CHTJLA VISTA. CA: ......................................................$ 119.767.36 Safety Lighting Package Componentry To Enhance Dav And Night Safety (1) Each - Federal Signal Strobe with guard - front mount (1) Each - Whelen TA837 Traffic Advisor with power controller (1) Each - LED Tail, Stop and Turn Lights DELNERY: 60-90 Davs TERMS: Purchase order to Haaker Equipment Co. Thank you for the opportunity to be of service to the City of Chula Vista. Sincerely, Dave Thomas Sales Representative 13-4 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) TO CLAIM AND TRANSFER TO THE CITY OF CHULA VISTA FROM THE CITY'S FUNDS THE AMOUNT OF $119,767.36, AWARDING A PURCHASE AGREEMENT FOR A STREET SWEEPER TO HAAKER EQUIPMENT COMPANY THROUGH A COOPERATNE BID WITH THE STATE OF MINNESOTA (CONTRACT #980-302), AND APPROPRIATING FUNDS WHEREAS the City ofChula Vista maintains control of pre-consolidation, prior-year, Transportation Development Act funds; and WHEREAS, these funds are available for operational issues and capital transit projects; and WHEREAS, the Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other governmental agencies for the purchase of materials of common usage; and WHEREAS, the City, therefore, is participating in a current State of Minnesota bid as a local bidder, Haaker Equipment Company, has agreed to honor the price; and WHEREAS, City Transit staff is recommending the purchase of a medium-duty, regenerative air, street sweeper to sweep the parking lots at transit centers, the PWC, and at bus stops citywide; and WHEREAS, the Infrastructure Maintenance Division (IDM) will provide the staff necessary to operate the street sweeper at the Transit centers, bus stops, PWC, and at post- accident scenes for street clean-up. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approves the claim, transfer, and appropriation of$119,767.36 for the acquisition of a street sweeper and award the Purchase Agreement to Haaker Equipment Company. Presented by Approved as to form by i;'W~\'"\A\l\\ Ann Moore City Attorney Dave Byers Director of Public Works Operations J:\Attorney\purchase agreements\Haaker Equipment Company 7 1205 1 13-5 RESOLUTION NO. 2005- DRAFT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 05-06 PUBLIC WORKS OPERATIONAS BUDGET BY APPROPRIATING $15,666 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND; AND AMENDING THE PROPROSED SPENDING PLAN FOR FY 05-06 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $20,888 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR EQUIPMENT MAINTENANCE AND REPLACEMENT COSTS FOR A STREET SWEEPER WHEREAS, the City of Chula Vista maintains control of pre-consolidation, prior- year, Transportation Development Act funds; and WHEREAS, these funds are available for operational issues and capital transit projects; and WHEREAS, the Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other governmental agencies for the purchase of materials of common usage; and WHEREAS, City Transit staff is recommending the purchase of a medium-duty, regenerative air, street sweeper to sweep the parking lots at transit centers, the PWC, and at bus stops citywide; and WHEREAS, the Infrastructure Maintenance Division (IDM) will provide the staff necessary to operate the street sweeper at the Transit centers, bus stops, PWC, and at post- accident scenes for street clean-up. WHEREAS, the total impact to the General Fund is $15,666 for the remainder of FY05-06. Of this amount, $3,571 will be allocated for equipment maintenance and 412,095 for replacement costs for the sweeper. The ongoing total costs is $20,888 annually; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby amend the FY 05-06 Public Works Operations budget by appropriating $$17,406 from the available balance of the General Fund; and amending the proposed spending plan for FY06-07 Public Works Operations budget by appropriating $20,888 from the available balance of the General Fund for equipment maintenance and replacement costs for a street sweeper. Presented by Approved as to form by ~~Q\\\~'J.){k~. Ann Moore City Attorney Dave Byers Director of Public Works Operations J:\attomey\reso\finance\PWOPS appropriation - equipment Street Sweeper 71205 13-6 COUNCIL AGENDA STATEMENT Item NO.:~ Meeting Date: 7/12/05 ITEM TITLE: Resolution of the City Council of the City of Chula Vista, waiving the Consultant Selection process and approving a three-party agreement between the City of Chula Vista; Burkett & Wong Engineers, Consultant; and The EastLake Company, LLC, for the preparation of an amendment to the EastLake III Public Facilities Financing Plan, and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Planning and BUildin~ REVIEWED BY: CityMana~ (4/5thsVote: Ye~o~) The item before the City Council is a request to waive the Consultant Selection process and approve a three-party agreement between the City of Chula Vista, Burkett & Wong Engineers and The EastLake Company, LLC for professional consulting services related to the preparation of an amendment to the EastLake III Public Facilities Financing Plan (pFFP). The PFFP is being prepared to address the changes in infrastructure requirements and fiscal impact as a result of a request to change the land use designation of an 18.3-acre parcel at the intersection of Olympic Parkway and Wueste Road within the EastLake III planned community (see Locator). The maximum compensation under the agreement is $36,630.00. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section lS061(b)(3) of that State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION: That the City Council adopt a Resolution waiving the Consultant Selection process and approving the three-party agreement for consulting services related to the preparation of an amendment to the previously adopted EastLake III Public Facilities Financing Plan, and authorizing the Mayor to execute said amendment. BOARDS/COMMISSIONS RECOMMENDATION: N/A 14-1 Page 2, Item No.: I Lf Meeting Date: 7/1'2/0<; DISCUSSION: R~"kgrmmd The EastLake Company, LLC submitted an application (PCM 05-07) in October of 2004 to amend the General Plan, the EastLake ill General Development Plan and the EastLake ill Sectional Planning Area (SPA) Plan. The proposed amendment consists of changing the land use designation of a 18.3-acre parcel at the intersection of Olympic Parkway and Wueste Road from a Retail Commercial designation to Multifamily Residential. The proposed land use change also requires an amendment to the adopted EastLake ill Public Facilities Financing Plan to address the changes in infrastructure requirements and fiscal impact associated with the development ofthe 18.3-acre site. The PFFP amendment is also required to evaluate the proposed project compliance with the City's Growth Management Threshold Standards, and to ensure that the threshold standards are met before or concurrent with the development. C:nn~111t:1nt ~P.TVi~p.~ ~p.lp.(":tinn Prn(":p.~~ Although the amount of the contract is less than $50,000.00, and can be approved by the purchasing agent, the Consultant has other active contracts with the City that combined exceed $50,000.00. For this reason, this three-party agreement is subject to the formal consultant selection process as outlined in Section 2.56.110 of the City's Municipal Code. Based on the Consultant's prior experience preparing PFFP's, their knowledge of the EastLake ill SPA plan regulations, and the fact that this firm prepared the PFFP for this SPA, staff is requesting that the City Council consider waiving the formal consultant selection process and authorize the Mayor to execute the agreement. Waving the formal consultant selection process is in the best interest of the City because the consultant has prior experience working with city staff, knowledge of the city's regulations to prepare the PFFP's and is familiar with the overall planning process. The Consultant's knowledge and professional experience would also result in a lower cost for the applicant. S,,"P" nfWnrk Under the agreement, which is based on the City's standard three-party agreement, Burkett & Wong Engineers will perform tasks associated with the scope of work which includes, but is not limited to the following tasks, which are described in more detail on pages 14-16 within the three party agreement: · R".,,~rc.h ~nd An~ly"i.: The consultant will gather and review all pertinent data and available documents. The consultant will meet with City staff to discuss the project, issues, project schedule, etc.. Confirmation of the project's statistics and criteria will be confirmed at this stage as welL 14-2 Page 3, Item No.: I y. Meeting Date: 7/11/O'i . F~~ilitif" An~ly.i.: The consultant will initiate and prepare an independent analysis of short-term and long-term impact of the project on public facilities. In addition, the consultant will evaluate the project's compliance with the City's adopted Growth Management threshold Standards. . Fi.~~l Tmp~d An~ly"i.: The consultant will conduct a fiscal impact analysis that will address the costs and revenues associated with the development of the project and its relationship with the City of Chula Vista General Fund. The fiscal analysis will utilize a fmancial "model" that will utilize the City's most current budget and fiscal costs and revenues on an annual basis. A copy of the proposed agreement with signatures of the applicant and consultant is attached hereto. FISCAL IMPACT: The preparation of this PFFP will not result in an impact to the City's General Fund. The EastLake Company, LLC, will pay for consulting services in the amount of the contract and staff time associated with this project. The total amount for the contract is $36,630.00 for Burkett & Wong Engineers consultant services. A tt~~hmP.T1f<;;: 1. Locator Map 2. Agreement DPlanning\StanD\EastlakeWillage Wa1k\PFFP\CC Agenda Statement2.doc 14-3 Mountain Hawk Park I . o J _0' .0 "'-. " . . \ o o I o ~ (l) 0 <Jl ( ~ . . \ o o I . . (/ . ., '. , .', . . \ 1 Upper Otav Lakes ~~~ . . OlvmDic Trainina Center . . \ .. .. J ........- ..........-.., . . , PROJECT lOCATION . o . o ~.-..... J . . / . . I . C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Eastlake Peninsula PROJECT DESCRIPTION: C) APPLICANT: Senior Community MISCELLANEOUS PROJECT Olympic Parkway & Request: Eastiake III GDP Amendment and Eastlake III SPA Plan Amendment. ADDRESS: Wueste Road Amend adopted plans to convert 18.4 acres of Commercial-Tourist to SCALE: FILE NUMBER: Residential-High for an active seniors housing project. NORTH No Scale PCM-05-07 . ~ated Cases: GPA-05-02. IS-05-007. DRC-05-24 J:\planning\carlos\Jocators\pcm0507.cdr 06.14.05 THE A IT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Ann Moore City Attorney Dated: Three Party A ement for Consultant Selection Process between the City of Chula Vista, Burkett & Wong Engineers, and The Eastlake Company, LLC for the Preparation of an amendment to the Eastlake III Public Facilities Financing Plan 14-5 DRAFT Attachment #2 Three-Party Agreement Between City of Chula Vista, Burkett & Wong Engineers, (Consultant), and The EastLake Company, LLC (Applicant) For Consulting Work to be Rendered in Preparation of a Public Facilities Financing Plan (pFFP) amendment and Fiscal hnpact Analysis for the Applicant's l8.3-acre EastLake Peninsula portion of the EastLake ill Sectional Planning Area (SPA) Plan 1. Parties. This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated on the attached Exhibit A as "Consultant", Burkett & Wong, Engineers, whose business form and address are indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant", The EastLake Company, LLC. , whose business form and address are indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals. Warranties and Representations. 2.1. WarrantvofOwnership. Applicant warrants that Applicant is the owner ofland ("Property") commonly known as, or generally located as, described on Exhibit A, Paragraph 1, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3. 2.3. In order for the City to process the Application of Applicant, Work of the general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4. City does not presently have the "in-house" staff or resources to process the application within the time frame requested for review by the Applicant. 2.5. This Agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. 2.6. Additional facts and circumstances regarding the background for this Agreement are set forth on Exhibit B. EastLake Peninsula PFFP 06/13/2005 14-6 Three Party Agreement Page 1 DRAFT 3. Agreement. . NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT, AND APPLICANT AS FOLLOWS: 3.1. Emplovment of Consultant bv Applicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services", ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonably necessary to accomplish said General Services and Detailed Scope-of- Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. Compensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit B adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit B, if checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. EastLake Peninsula PFFP 06/13/2005 14-7 Three Party Agreement Page 2 DRAFT 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed from Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.2. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 3.2.3. Reductions in Scope ofW ork. City may independently, or upon request from Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3. Security for Payment of Compensation bv Applicant. 3.3 .1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as herein below set forth: 3.3.1.1 Other Terms of Deposit Trust. 3.3 .1.1.1. City shall also be entitled to retain from said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this Agreement. 3.3 .1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3.3.1.1.3. Anyunused balance of Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than 30 days after the termination of this Agreement and any claims resulting therefrom. EastLake Peninsula PFFP 06/13/2005 14-8 Three Party Agreement Page 3 DRAF"f 3.3.1.1.4. Applicant shall be notified within 30 days after of the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount (" Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this Agreement, City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: 4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away from premises owned orrented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to anypolicywhich the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. EastLake Peninsula PFFP 06/13/2005 14-9 Three Party Agreement Page 4 DRAFT 4.2. Proof of Insurance Coverage. 4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the co=encement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least 30 days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Co=ercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstrating same. 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Proj ect, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. 4.4. Co=unication to Applicant. Consultant shall not co=unicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. 5. Non-Compensation Duties of the Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Consultant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5.2. ProperlY Access. The Applicant hereby grants p=ission to the City and Consultant to enter and access the Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. EastLake Peninsula PFFP 06113/2005 14-10 Three Party Agreement Page 5 DRAFT 5.3. Communication to Consultant. Applicant shall not communicate directly to the Consultant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Applicant may request such meetings as they desire with the Consultant to ensure the adequacy of services performed by Consultant. 6. Administrative Reoresentatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this Agreement. 7. Conflicts ofInterest. 7.1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or if none are specified, then as determined by the City Attorney. 7 .2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement. 7.4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. EastLake Peninsula PFFP 06/13/2005 14-11 Three Party Agreement Page 6 DRAFT 7.5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's, which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated hereunder. 7.6. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Applicant or by any other party as a result of Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party, which may be in conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consultant for Breach. This Agreement may be terminated by the City for default if the Consultant breaches this agreement or if the Consultant refuses or fails to pursue the work under this Agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this Agreement because of a default of the Consultant shall not relieve the Consultant from liability of such default. 9. City's Right to Terminate Payment for Convenience. Documents. 9.1. Notwithstanding any other section or provision of this Agreement, the City shall have the absolute right at any time to terminate this Agreement or any work to be performed pursuant to this Agreement. 9.2. In the event oftermination of this Agreement by the City in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums EastLake Peninsula PFFP 06/13/2005 14-12 Three Party Agreement Page 7 FT previously paid to the Consultant for services performed after execution of this Agreement and prior to its termination. 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this Agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this Agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this Agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. 9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures. No suit shall be brought arising out of this Agreement, against the City, unless a claim has first been presented in writing and filed with the CityofChula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 11. Hold Harmless and Indemnification. 11.1. Consultant to Indemnify City and Applicant re Iniuries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for (i) those claims, damages, liability, costs and expenses (including without limitation, attorney fees) arising from the sole negligence or sole willful misconduct of the City its officers, employees, or (ii) with respect to losses arising from Consultant's professional errors or omissions, those claims arising from the negligence or willful misconduct of City its officers, employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this section shall survive the termination of this Agreement. EastLake Peninsula PFFP 06/13/2005 14-13 1bree Party Agreement Page 8 DRAFT 12. Business Licenses. Applicant agrees to obtain a business license from the City and to otherwise comply with Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13.1. Consultant not authorized to Reoresent City. Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 13.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served ifpersonally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in paragraph 8 of Exhibit A. 13.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 13.4. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 13.5. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 13.6. GoverningLawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the EastLake Peninsula PFFP 06/13/2005 14-14 Three Party Agreement Page 9 DRAFT federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 13.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 13.8. Counteroarts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 13.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 13.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 13.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 13.12. Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies, which the parties might otherwise have unless, this Agreement provides to the contrary. 13.13. No Additional Beneficiaries. Despite the fact that the required performance under this Agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a party to this Agreement. EastLake Peninsula PFFP 06/13/2005 14-15 Three Party Agreement Page 10 DRAFT Notwithstanding the foregoing, this is a Three Party Agreement and the Cityis an express third party beneficiary of the promises of Consultant to provide services paid for by Applicant. 14. Ownership, Publication, Reoroduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. (End of Page. Next Page is Signature Page.) EastLake Peninsula PFFP 06/13/2005 14-16 Three Party Agreement Page 11 DRAFT Signature Pa~e;;!Jt, '-. . NOW THEREFORE, the parties hereto, having read and understood the terms and conditions of this Agreerrierii, do hereby express their consent to the terms hereofby setting their hand hereto on the date setforth-adjiicent thereto. Dated: City of Chula Vista Attest: by: Stephen C. Padilla, Mayor Susan Bigelow, City Clerk Approved as to Form: Ann Moore, City Attorney Dated: Consultant: Burkett & Wong, Engineers Dated: Applicant: The EastLake Company, LLC. B~ ~ll# President of Development EastLake Peninsula PFFP 06/13/2005 14-17 Three Party Agreement Page 12 DRAFT Exhibit A Reference Date of Agreement: Date signed by City's Purchasing Agent Effective Date of Agreement: The date City's Purchasing Agent executes this Agreement City: City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Burkett & Wong, Engineers Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 3434 Fourth Avenue, San Diego, CA 92103 Applicant: The EastLake Company, LLC. Business Form of Applicant: ( ) Sole Proprietorship (X) Partnership ( ) Corporation Address: 13520 Evening Creek Drive North, Suite 380, San Diego, CA 92128 1. Property (Commonly known address or General Description): Parcel C-2 of adopted Eastlake III SPA Plan, south of Olympic Parkway, and west ofWueste Road. 2. Project Description ("Project"): Preparation of a Public Facilities Financing Plan (pFFP) including a Fiscal Impact Analysis (FIA) for the 18.3-acre property as required by the City's Growth Management Ordinance in conjunction with the concurrent processing of the requested amendments to the City's General Plan, and the EastLake III General Development Plan and Sectional Planning Area (SPA) Plan. 3. Entitlements applied for: GDP and SPA Plan Amendments: · Amendment to the EastLake III General Development Plan to change the land use designation of the site from Commercial-Retail to Multifamily Residential. EastLake Peninsula PFFP 06/1312005 14-18 Three Party Agreement Page 13 DRAFT · Amendment to the EastLake III Sectional Planning Area Plan ( SPA Plan) comprising of minor changes to tables and exhibits within the document. No changes to the Development Phasing are proposed but the project will require minor changes to Design Guidelines. · Amendment to the EastLake III Planned Community District Regulations to change the land use designation from Commercial Tourist (CT) to Multi-Family Residential Senior (RMS). 4. General Nature of Consulting Services ("Services--General"): Prepare the Public Facilities Financing Plan (pFFP) and Fiscal Impact Analysis (PIA) forthe 18.3-acre portion of the EastLake III SPA Plan to identify the amount, location, timing and financing mechanisms necessary to build and deliver required public facilities and services to the project, and to identify the overall, net fiscal impact that the proj ect will have on the City in terms of revenues and expenditures and to meet the City of Chula Vista Municipal Code Requirements. 5. Detailed Scope of Work ("Detailed Services"): The following tasks shall be performed by the consultant to the satisfaction of the Director of Planning and Building: Public Facilities Financing: Plan CPFFP) Task A: Preliminary ResearchIData Gathering Gather and review all available data regarding the EastLake Peninsula project, including the existing EastLake III General Development Plan, and related documents, and any conditions of approval; the technical studies prepared for the project; PFFP's for other eastern Chula Vista projects; Master Facilities plans; related tentative maps and associated conditions of approval; related City Resolutions; current environmental impact reports with all related back-up technical reports; and any other environmental documentation including prior EIR' s. Hold meetings with City staff, the applicant or their consultants, and affected agencies as necessary to gather and review data. Task B: Identify and Describe Facilities and Services Impact. Following the review of the available data, identify in writing, (at first draft of the PFFP) facilities and services that may be impacted by the SPA pursuant to the adopted City Growth Management Threshold Standards; provide in writing, (at first draft of the PFFP) a preliminary cost estimate for the new and/or upgraded infrastructure and services required both on-site and off-site to support the 18.3-acre EastLake Peninsula portion of the EatLake ill SPA; and identify costs, (at first draft of the PFFP) and financing methods for that infrastructure and services. The cost estimate for the new and/or upgraded infrastructure and services analysis shall summarize the impact fees and any fee credits as applicable, and shall coordinate with and incorporate any other relevant fiscal impact data, evaluations or recommendations arising from the Fiscallrnpact Analysis (FIA). Task C: Independent Evaluation and Recommendations to Mitigate Impacts. EastLake Peninsula PFFP 06/13/2005 14-19 1bree Party Agreement Page 14 DRAFT Conduct an independent evaluation of the project's compliance with the adopted City Threshold Standards and provide in writing, (at first draft of the PFFP) an assessment of the probable shorl- and long-term impacts as well as recommendations to mitigate impacts and maintain compliance with the City's Growth Management Threshold Standards. Task D: Attendance at meetings and other coordination The Consultant (and any of their subcontractors) shall attend one public forum, and up to two Planning Commission hearings and two City Council hearings. These are in addition to meetings with City staff, coordination with EIR consultant, or others as the Planning Department deems necessary to complete the work. Attendance at said meetings or other methods of coordination is required of the Consultant on an as needed basis as determined by the City, given sufficient lead-time (minimum five days) for the Consultant to schedule such coordination. It is further anticipated that informal coordination will take place between the Consultant and the EIR consultant at various times throughout the process. Task E: Preparation of Draft and Final PFFP Documents Prepare a Preliminary Draft, Draft and Final Public Facilities Financing Plan (pFFP) for the EastLake Peninsula project, including but not limited to the statistical tables, exhibits, text, public facilities and services phasing, methods of financing public facilities and services, and other pertinent items to ensure that the proj ect would have the necessary infrastructure and services prior to or concurrent with need. The Consultant shall deliver the requisite number of copies, which will include incorporation of staff comments, of the Preliminary Draft, Draft and Final PFFP documents as set forth in Paragraph 6. Fiscal Impact Analvsis (FIA) Task F: Preliminary Research Gather and review all available and relevant data regarding the EastLake Peninsula portion of the EastLake III SPA's impact upon the operation and maintenance budgets of the City and its General Fund, and considering the current information associated with the City's Fiscal Year 2004- 2005 budget. Gather and review information from the Applicant regarding the land uses, residential product types, and phasing and build-out schedules for the SPA. This shall include as many meetings with City staff and administrators, and the applicant or their consultants as are necessary to gather and review the data. Task G: Identify and Describe Fiscal Impacts Conduct an analysis utilizing City ofChula Vista's current fiscal model. Update the model with Fiscal-Year 2004/2005 data and customize it as necessary to fit the characteristics of the 18.3- EastLake Peninsula PFFP 06/13/2005 14-20 Three Party Agreement Page 15 DRAFT acre Peninsula. Analyze and address the fiscal impacts that the Peninsula portion of the EastLake ill SPA will have upon the City's operation and maintenance budgets considering the costs and revenues to the City in providing infrastructure and services to, and as a result of, the project. Contact City Department heads and staff as necessary to help identify any unique conditions or problems with providing infrastructure and services to the proj ect, including those that may be associated with annexation. The analyses shall be presented (at first draft of the PFFP) in both written and tabular format, and shall present City revenues and expenditures annually based upon the project's development absorption schedule, and the according fiscal surpluses and deficits. Task H: Incorporation of FIA into Draft PFFP document Prepare a Draft Fiscal Impact Analysis Report for incorporation into the PFF'P document for review by City staff and any affected agency in the requisite number of copies and per the schedule presented in Paragraph 6. Prepare a Final Fiscal Impact Analysis to be incorporated into the PFFP document. Task I: Revise Drafts as City Determines Necessary The consultant shall prepare revisions to the satisfaction of City staff to PFFP document based upon co=ents received from City staff, Planning Commission and City Council and any other co=ents from outside agencies or individuals. Said revisions shall be incorporated into the appropriate draft or final document as outlined in paragraph 6 below under "Dates or Time Limits for Delivery of Deliver abIes". Task J: Draft Tentative Map Conditions of Approval The Consultant shall prepare draft conditions of approval for the parcel map for the EastLake Peninsula based on the threshold analysis of the PFFP. 6. Schedule, Milestone, Time-Limitations within which to Perform Services: Date for Co=encement of Consultant Services: (X) Same as Effective Date of Agreement Dates or Time Limits for Delivery of Deliverables: EastLake Peninsula PFFP 06/13/2005 14-21 Thee Party Agreement Page 16 DRAFT Deliverable No. I: Delivery of the First Draft PFFP (including the Fiscal Impact Analysis Report) for staff review and distribution in the form of30 copIes. Deliverable No.2 Deliverable No.3 Deliverable No.4: Deliverable No.5: Deliverable No.6: EastLake Peninsula PFFP 06/13/2005 Due date: August 25,2005 or a minimum of eight weeks after City's notice to proceed, whichever is later. Delivery of the revised Second Draft PFFP (including the Fiscal Impact Analysis Report) containing all staff comments on the First Draft PFFP in the form of 10 copies. Due date: October 17, 2005 or three weeks after the consultant receives comments back from the City's review of first draft, whichever is later. Delivery of the revised Third Draft PFFP (including the Fiscal Impact Analysis Report) containing all staff comments in the form of 10 copIes. Due date: November 29, 2005 or two week after the consultant receives comments back from City's review of second draft, whichever is later. Delivery of pre-press (screencheck) copy of PFFP (including the Fiscal Impact Analysis Report) incorporating all of staff's comments in the form of three copies. Due date: January 17, 2006 or one week after staffi'consultant discuss staff comments on the third draft, whichever is later. Delivery of the Final PFFP (including the Fiscal Impact Analysis Report) for public hearings in the form of20 copies and a computer diskette file formatted for Microsoft Word. Due date: February 8, 2006 or one week after City delivers pre-press (screencheck) comments to the Consultant. Delivery of City Council approved PFFP (including the Fiscal Impact Analysis Report) to City Staff in the form of 30 copies plus one master copy set up to print additional copies to be incorporated into binders, plus draft conditions of approval for the tentative map. Due date: May 12, 2006 or within two weeks following City Council hearing. 14-22 Three Party Agreement Page 17 DRAFT Deliverable No.7: Delivery of draft conditions of approval for the fmal map. Due date: February 1,2006 or two weeks after the consultant delivers pre-press (screencheck) copy ofPFFP (including the Fiscal Impact Analysis Report), whichever is later. Dates for completion of all Consultant services: Fourteen months from the effective date of Agreement or as extended by the Director of Planning and Building in the Director's sole discretion. 7. Documents to be provided by Applicant to Consultant: (I) project description; (1) technical studies including water, wastewater, drainage, traffic; (1) site plans/draft SPA document; (I) phasing plan; (I) grading plans; (I) architectural elevations, design plan, etc. 8. Contract Administrators: City: Stan Donn, AICP Associate Planner City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 Applicant: Bill Ostrem, President The EastLake Company, LLC. 13520 Evening Creek Drive North, Suite 380, San Diego, CA 92128 Consultant: Anthony G. Ambrose, AICP Burkett & Wong Engineers 3434 Fourth Avenue San Diego, CA 92103 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. () Category No. 1. Investments and sources of income. () Category No. 2. Interests in real property. () Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. () Category No.4. Investments in business entities and sources of income , which EastLake Peninsula PFFP 06/13/2005 14-23 Three Party Agreement Page 18 DRAFT engage in land development, construction or the acquisition or sale of real property. () Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. () Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. () Category No. 7. Business positions. 10. Insurance Requirements: (X) Statutory Worker's Compensation Insurance () Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage). EastLake Peninsula PFFP 06/13/2005 .14-24 Three Party Agreement Page 19 DRAFT Exhibit B Compensation Schedule and Deposit: Terms and Conditions (X) Single Fixed Fee Arrangement For performance of all general and detailed services of Consultant prescribed in Exhibit A, paragraphs 4 and 5, Applicant shall pay a single fixed fee, all of which is to be deposited upon execution of this Agreement. The City shall pay Consultant in increments and at the times or milestones set forth below: (X) Single Fixed Fee Amount: $36,630.00 Milestone AmountJPercentage of Fixed Fee to be Paid l. Signing of this Agreement by all parties and upon request by the Consultant 25% 2. Deliverable #1 First Draft PFFP (including the Fiscal Impact Analysis Report) 35% 3. Deliverable #4 Pre-press (Screencheck) Draft PFFP (including the Fiscal Impact Analysis Report) 15% 4. Deliverable #5 Final PFFP (including the Fiscal Impact Analysis Report) 15% 5. 10% retention amount 10% 6. City of Chula Vista Administrative 10% Security for Performance () Performance Bond, $ () Letter of Credit, $ () Other Security: () Type: () Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% EastLake Peninsula PFFP 06/13/2005 14-25 Three Party Agreement Page 20 DRAFT () Retention Amount $3.663.00 Retention Release Event: (X) Completion of All Consultant Services to the satisfaction of the Director of Planning and Building. () Other: () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General and Detailed Services herein required of Consultant for $36,630.00 including all Materials, and other "re-imburseables" ("Maximum Compensation"). Rate Schedule Category of Employee Hourly Rate of Consultant Burkett and Wong Engineers: Principal Principal Associate Engineer Assistant Planner Technician Clerical $140 $ 95 $ 110 $ 60 $ 75 $ 50 (X) Permitted Subconsultants: crc Research, Inc. 8361 Vickers Street San Diego, CA 92111 (858) 637-4000 Linscott, Law and Greenspan 4542 Ruffner Street, Suite 100 San Diego CA 92111 (858) 300-8800 EastLake Peninsula PFFP 06/13/2005 14-26 Three Party Agreement Page 21 DRAFT ************** Deposit (X) Deposit Amount: At execution of Agreement - $36,630.00 (X) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City's receipt of billing by Consultant, and det=ination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith det=ination of propriety. (X) Bill Processing: A. Consultant's Billing to be submitted for the following period oftime: ( ) Monthly ( ) Quarterly (X) Other: Upon completion of each milestone B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month (X) Other: On the 10th day of each month following completion of each milestone C. City's Account Number: EastLake Peninsula PFFP 06/13/2005 14-27 Three Party Agreement Page 22 Materials Separately Paid For by Applicant ( ) Materials Reports Copies ( ) Travel ( ) Printing ( ) Postage ( ) Delivery ( ) Long Distance Telephone Charges ( ) Other Actual Identifiable Direct Costs EastLake Peninsula PFFP 06/13/2005 14-28 DRAFT Cost or Rate None. Included in Cost. None. Included in Cost. None. Included in Cost. None. Included in Cost. None. Included in Cost. None. Included in Cost. None. Included in Cost. Three Party Agreement Page 23 DRAFT Deposit (X) Deposit Amount: $36,630.00 (X) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety. Applicant agrees to maintain a minimum balance of$5,000 in subject account that shall be immediately replenished upon the request of the City. () Use of Deposit as Security Only; Applicant to Make Billing Payments. Upon determination by City made in good faith that Consultant is entitled to compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit to pay said billing. (X) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other: In accordance with milestones identified herein. B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month (X) Other: Upon completion of the milestones identified herein. C. City's Account Number: To be assigned after Agreement is processed. EastLake Peninsula PFFP 06/13/2005 14-29 Three Party Agreement Page 24 DRAFT D. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, the following Retention Percentage until the City determines that the Retention Release Event, listed below, has occurred: ( X) Retention Percentage: 10% ( ) Retention Amount: $_2,000.00_ Retention Release Event: N/ A EastLake Peninsula PFFP 06/13/2005 14-30 Three Party Agreement Page 25 DRAFT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A THREE PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; BURKETT & WONG ENGINEERS, CONSULTANT; AND THE EASTLAKE COMPANY, LLC., APPLICANT; FOR THE PREPARATION OF AN AMENDMENT TO THE EASTLAKE III PUBLIC FACILITIES FINANCING PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the Applicant submitted an application on October 8, 2004 to change the land use designation of 18.3 acres at the intersection of Olympic Parkway and Wueste Road ("Property") from Retail Commercial (CR) to Multifamily Residential (RM); and, WHEREAS, the proposed land use change also requires an amendment to the adopted EastLake III Public Facilities Financing Plan (PFFP) to address the changes in infrastructure requirements and associated fiscal impact; and, WHEREAS, the City Council approved the above mentioned PFFP on July 17, 200 I ("Original PFFP") as a component of the EastLake III Sectional Planning Area Plan; and, WHEREAS, the amendment to the previously adopted PFFP is required to evaluate the supply and demand of public infrastructure and services for the property; and, WHEREAS, the amount of the contract is less than $50,000.00, and could be approved by the purchasing agent, the Consultant has other active contracts with the City that combined exceed $50,000.00. For this reason, this three-party agreement is subject to the formal consultant selection process outlined in Section 2.56.110 D of the Chula Vista Municipal Code; and WHEREAS, the Consultant's prior experience preparing PFFP's, their knowledge of the EastLake III SPA plan regulations, and the fact that this firm prepared the original PFFP for this SPA, staff is requesting that the City Council consider waiving the formal consultant selection process and authorize the Mayor to execute the agreement; and 14-31 DRAFT WHEREAS, waving the consultant selection process is in the best interest of the City because the Consultant has prior experience working with city staff, knowledge of the City's regulations to prepare the PFFP's and is familiar with the overall planning process. The Consultant's knowledge and professional experience would also result in a lower cost for the applicant; and, WHEREAS, the cost for the preparation of the Supplemental PFFP is a fixed amount of $36,630.00; NOW, THERFORE, BE IT RESOVLED the City Council waives the formal consultant selection process and approves the agreement between the City of Chula Vista; Burkett & Wong Engineers, consultant; and the Eastlake Company, applicant; for the preparation of an amendment to the EastLake III Public Facilities Financing Plan, and authorizes the Mayor to execute said agreement. Presented by Approved as to form by James D. Sandoval Director of Planning and Building v4~ f!4JL J:\Planning\StanD\Eastlake\Village Walk\PFFP\CC Reso for consultant contract.doc 14-32 COUNCil AGENDA STATEMENT Item No.: 15 Meeting Date: 07112/05 ITEM TITLE: Ordinance _ Adopting the California Electrical Code, 2004 Edition and Uniform Administrative Code Provisions for the National Electric Code, 1996 Edition, with Amendments REVIEWED BY: Ofrectocof """f", '"' B"f1df"'f City Managea:> (4/5ths Vote: Yes _ No _lU SUBMITTED BY: The California Building Standards Commission has mandated that each jurisdiction within the State start enforcing the 2004 Edition of the California Electrical Code on August 1, 2005. The adoption of California building codes is a routine action undertaken by the City in response to newly State adopted building codes. This action will allow the City to incorporate appropriate local amendments into the enforcement program. The adoption of the 2004 California Electrical Code is in conformance with City Council Policy 352.01 as adopted by Resolution 5656 which endorses the establishment and maintenance of uniform building regulations within the jurisdictions of the County of San Diego. RFCOMMFNDATION' That the City Council place the ordinance on first reading. ROARn/COMMISSION RFCOMMENnATION' The Board of Appeals and Advisors at their June 13, 2005 meeting unanimously recommended the adoption of the 2004 Edition of the Califomia Electrical Code and the Uniform Administrative Code Provisions for the National Electric Code, 1996 Edition, with Amendments DISCUSSION' As mandated by the California Building Standards Commission (CBSC), each jurisdiction within the State shall begin enforcing the 2004 Edition of the Califomia Electrical Code on August 1, 2005. Traditionally, on a triennial basis, the State adopts the various building codes at the same time and they become effective the same day. However, during this adoption cycle, actions taken by the CBSC delayed the adoption of the Califomia Building and Fire Codes. It may take two to three years before these codes are ready for adoption by the State. For that reason, the CSSC decided to move forward with the adoption of the 2004 California Electrical Code ahead of the other codes. Jurisdictions within San Diego County have met collectively to discuss suggested amendments to the codes during monthly meetings of the San Diego Area Chapter of the International Code Council. As such, this process recognizes and promotes code uniformity throughout the jurisdictions within the County creating a positive professional environment among all code users. The proposed amendments reflect changes to the 15-1 Meeting Date 7/12105 Page 2 administrative components of the enforcement program that are necessary to maintain consistency with other existing provisions contained in the Municipal Code. This ordinance will also expand the list of types of electrical work that is exempt from an electrical permit to include low-voltage communications circuits. FI!;CAI IMPACT' There are no increases in fees proposed in this adoption. The cost of new code books and related training is included in the current year's budget. Attachments: A) ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2004 EDITION AND UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, 1996 EDITION, WITH AMENDMENTS. 15-2 DRAFT ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2004 EDITION AND UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE, 1996 EDITION, WITH AMENDMENTS THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as follows: Sections: 15.24.010 15.24.015 15.24.020 15.24.023 15.24.025 15.24.030 15.24.033 15.24.035 15.24.040 15.24.045 15.24.050 15.24.055 15.24.060 Chapter 15.24 ELECTRICAL CODE AND REGULATIONS California Electrical Code, lOO} 2004 Edition and Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition, adopted by reference. Subsection 203.1 of the Uniform Administrative Code Provisions for the National Electrical Code amended - Board of appeals and advisors. Subsection 201.1 of the Uniform Administrative Code Provisions for the National Electrical Code amended - Enforcement authority - Powers and duties of the building official. Subsection 301.2 of the Uniform Administrative Code Provisions for the National Electrical Code amended - Exemot Work. Subsection 304.1 of the Uniform Administrative Code Provisions for the National Electrical Code amended to have permit fees reference city's master fee schedule. Subsection 304.2 of the Uniform Administrative Code Provisions for the National Electrical Code is deleted. Subsection 305.5 of the Uniform Administrative Code Provisions for the National Electrical Code amended - Reinsoections. Previously used materials. This section was repealed by Ordinance No. 2875. Distribution panels - Separate required when. Circuit cards to be posted when. Electric fences - Defmed - Prohibited. Phase arrangement - Amended. 15.24.010 California Electrical Code ~ 2004 Edition and Uniform Administrative Code provisions for the National Electrical Code, 1996 Edition, adopted by reference. There is hereby adopted by reference that certain document known and designated as the California Electrical Code, ;!OW. 2004 Edition, known as the California Code of Regulations Title 24, Part 3, and the Uniform Administrative Code Provisions for the National Electrical Code, 1996 Edition as published by the Intemational Conference of Building Officials. Said documents are hereby adopted as the Electrical Code of the City of Chula Vista, California regulating the installation, repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature whatsoever, whether inside or outside of any building, and issuance of pennits and providing for the inspection thereof. 15.24.015 Subsection 203.1 of the Uniform Administrative Code Provisions for the National Electrical Code amended - Board of Appeals and Advisors. 15-3 DRAFT Subsection 203.1 of the Uniform Administrative Code Provisions for the National Electrical Code amended to designate the Board of Appeals and Advisors as the Board of Appeals: In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretations of this code, there shall be and is hereby created a Board of Appeals and Advisors consisting of seven members who are qualified by experience and training to pass upon matters pertaining to electrical aspects of construction. The Building Official shall be an ex-officio member who shall not be entitled to vote and who shall act as secretary to the Board. The Board of Appeals and Advisors shall be appointed by the City Council from the qualified electors of the City in accordance with the provisions of Section 600 et seq. of the Charter. The Board shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The decision of the Board is final. The Board of Appeals and Advisors shall recommend to the City Council such new legislation deemed necessary to govern electrical aspects of construction in the City of Chula Vista. 15.24.020 Subsection 201.1 of the Uniform Administrative Code Provisions for the National Electrical Code amended - Enforcement authority- Powers and duties of the Building Official. Subsection 201.1 of the Uniform Administrative Code Provisions for the National Electrical Code amended as it applies in Chula Vista shall read as follows: Subsection 201.1 - General. It shall be the duty of the Building Official to enforce the provisions of this code. The Building Official shall be the Assistant Director of the Building Division. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clatify the application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. 15.24.023 Suhsection 301.2 of the Uniform Administrative Code Provisions for the National Electrical Code amended - Exemot Work. Subsection 301.2 of the Uniform Administrative Code Provisions for the National Electrical Code amended as it aDOlies in Chula Vista. to read as follows: Subsection 301.2 - Exempt Work. An electrical permit shall not be required for the following: I. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this code. 2. Repair or replacement of fIxed motors, transformers or fixed approved appliances of the same type and rating in the same location. 3. Temporary decorative lighting. 4. Repair or replacement of current-carrying parts of any switch, contacto! or control device. 5. Reinstallation of attachment plug receptacles, but not the outlets therefore. 6. Repair or replacement of any overcurrent device of the required capacity in the same location. 2 15-4 DRAFT 7. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 8. Taping joints. 9. Removal of electrical wiring. 10. Temporary wiring for experimental purposes in suitable experimental laboratories. II. Tbe wiring for temporary theater, motion picture or television stage sets. 12. Electrical wiring, devices, appliances, apparatus or equipment operating less than 25 volts and not capable of supplying more than 50 watts of energy. 13. Low-energy power, control and signal circuits of Class II and Class III as defIned in this code. 14. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. 15. Communications Circuits covered bv Article 800 of the Electrical Code. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. 15.24.025 Subsection 304.1 of the Uniform Administrative Code Provisions for the National Electrical Code amended to have permit fees reference City's Master Fee Schedule. Subsection 304.1 of Section 304, Fees, of the Uniform Administrative Code Provisions for the National Electrical Code, as it applies in Chula Vista, shall read as follows: Subsection 304.1 - Permit Fees. Tbe fee for each permit shall be set forth in the Master Fee Schedule of the City ofChula Vista. 15.24.030 Subsection 304.2 of the Uniform Administrative Code Provisions for the National Electrical Code is deleted, Subsection 304.2, Fees, of the Uniform Administrative Code Provisions for the National Electrical Code is deleted. 15.24.033 Subsection 305.5 of the Uniform Administrative Code Provisions for the National Electrical Code amended - Reinsnections. Subsection 305.5 of the Uniform Administrative Code Provisions for the National Electrical Code. as it aoolies in Chula Vista. shall read as follows: Subsection 305.5 - Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. 3 15-5 DRAFT This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. Reinsoection fees shall be as set forth in the Master Fee Schedule of the City of Chula Vista. Ta obtain a reinspeelian, the applicant shall Hie an "!lpliealion theret,,,e iR '.wiling "!laR a fa.... furni,hea fer that pUfjlase, ana pay the reinspeeliaR file in aeeara""ee with Table 3 :1.. In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. 15.24.035 Previously used materials. Previously used materials shall not be reused in any work without approval by the Building Official or an authorized deputy. 15.24.045 Distribution panels - Separate required when. Each store in a store building, each flat in a flat building, and each building used as a dwelling shall be so wired that each store, apartroen~ flat or dwelling shall have separate lighting and/or power distribution panels. Such panels shall not serve other portions of the building. Hotels, motels, hotel apartments and similar types of buildings may be wired from one or more distribution panels. 15.24.050 Circuit cards to be posted when. When requested by the Building Official, a complete schedule of circuits showing the number, kind and capacity of each outlet on each circuit shall be posted on each job prior to rough inspection. 15.24.055 Electric fences - Defined - Prohibited. A. As used herein, the term electric fence includes all fences which in any way use electrical energy as an additional deterrent or have wires charged with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. B. No electric fence may be constructed, maintained or operated within the city. 15.24.060 Phase Arrangement- Amended. Section 321 3(1) 408.3 (El of the California Electrical Code is hereby amended to read: Phase Arrangement. The phase arrangement on three-phase buses shall be A, B, C from front to back, top to bottom, or left to right, as viewed from the front of the switchboard or panelboard. The C phase shall be that phase having the higher voltage ground on three-phase, four-wire delta-connected systems. Other busbar arrangements may be permitted for additions to existing installations and shall be marked. 4 15-6 DRAFT SEcrION II. FINDINGS AND DECLARATION The City Council of the City of Chula Vista specifically and expressly finds and declares that each of the amendments noted above to the 2004 Edition of the California Electrical Code is necessary due to local climatic, geological and topographical conditions. SECTION III. ENVIRONMENTAL IMPAcr. The Environmental Review Coordinator has reviewed the proposed actlYlty for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defmed under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. SECTION IV. EFFECTIVE DATE. This ordinance will take effect and be in force on August I, 2005. Presented by Approved as to fonn by Jim Sandoval Director of Planning and Building j)v!tJ??/2I&~ /frL Ann Moore J City Attorney Brad Remp, C.B.O Assistant Director/Building Official 5 15-7 PAGE 1, ITEM NO.: I U MEETING DATE: 07/12/05 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS FOR FISCAL YEAR 2005-06 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS , . SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR p~ 1'. "IF I T'" REVIEWED BY: CITY MANAGE(t) 4/5THS VOTE: YES D NO 0 BACKGROUND On May 10, 2005, the City Council approved CDBG funds in the amount of $344,928 for twenty- nine (29) public service programs; $384,790 for two community project programs; $8,000 for one economic development program; $1,101,902 for seven city copital improvement projects; and $459,905 for administration and planning/coordination activities. The U.S. Department of Housing and Urban Development (HUD) requires a written agreement between the City and each sub- recipient receiving CDBG and HOME funds. RECOMMENDATION That the City Council adopt the resolution approving the Community Development Block Grant (CDBG) agreements for fiscal year 2005-06 between the City of Chula Vista .and various community groups and authorizing the Mayor to execute said agreements. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION The agreements between the City and the sub-grantees cover the period from July 1, 2005 to June 30, 2006. Each agreement has several exhibits attached, which are incorporated into the agreements. A sample Agreement and the exhibits are attached as follows: Exhibit A The Statement of Work and Performanc:e Schedule describes the services the agency will be providing and the estimated number of people who will be provided each of these services each month. The performance schedule will be used to monitor each agency's progress in completing the scope of work. 16-1 PAGE 2, ITEM NO.: MEETING DATE: / (;- 07/12/05 Exhibit B The Itemized Budget shows exactly how the agency intends to expend the CDBG funds. This itemized budget will be used to monitor expenditures through the year. Exhibit C The HUD Income Umits for the San Diego Standard Metropolitan Statistical Area will be used to determine the number of law-income households/persons served. Each program is required to serve a minimum of 51 percent low-income households/persons. Exhibit D Disclosure Statement. This has been provided for you. Please complete this document and provide signatures. The agreements are with the following organizations for the purpose and amount stated: PUBLIC SERVICES Organization Program/Project Funding Chula Vista Firefiahters Foundation Random Acts of Kindness $2,500.00 City 01 Chula Vista-Public Librarv Literacv Team Center $8,000.00 City of Chula Vista-Recreation Therapeutic Services $7,795.00 Charles I. Cheneweth Foundation Community Access / Therapeutic Services $11,000.00 Chula Vista Community Collaborative Child Core Coordinator $40,000.00 Chula Vista Veterans Home Support Foundation Mechanical Lifts lor Bedridden Patients $3,500.00 Dress for Success San Diego Prolessional Women's Grouo $5,000.00 Familv Health Centers of San Dieco KidCare Express Mobile Medical Unit III $25,000.00 Lutheran Social Services Carina Neighbor $19,000.00 Lutheran Social Services Proiect Hand $8,000.00 South Bav Community Services Thursdav's Meal $6,000.00 Sweetwater Education Foundation Comoact for Success $5,000.00 YMCA Family Stress Counselina Scvs. YMCA Kinship Support Services $25,000.00 South Bav Family YMCA Chula Vista Human Services Council $5,000.00 South Bav Community Services Family Violence Prevention and $16,000.00 YMCA Familv Stress Counselina Scvs. Intervention Coalition $16,000.00 South Bav Community Services Youth Services Network $30,000.00 Boys and Girls Club of Chula Vista Youth Services Network $13,000.00 Chula Vista Community Collaborative Youth Services Network $5,000.00 City of Chula Vista Police Dept. - PAL Youth Services Network $6,468.00 Otav Recreation Center Proarams Youth Services Network $6,600.00 South Bay Family YMCA Youth Services Network $29,000.00 Meals-on-Wheels South Bay Senior Collaborative $12,705.00 Elder Law & Advocacv South Bay Senior Collaborative $12,000.00 City of Chula Vista-Recreation South Bay Senior Collaborative $4.460.00 16-2 PAGE 3, ITEM NO.: MEETINC DATE: 1& 07/12/05 Organization Program/Project Funding Lutheran Social Services South Bay Senior Collaborative $6,500.00 St. Charles Nutrition Center South Bay Senior Collaborative $3,500.00 Salvation Armv South Bay Senior Collaborative $2,500.00 South Bay Adult Day Health Care South Bay Senior Collaborative $100400.00 Center Total Public Services $344,928.00 COMMUNITY PROJECTS "'t Organization Program/Project Funding of Chula Vista-Plannin of Chula Vista-Plannin Communi Preservation Pro ram $284,790.00 $100,000.00 Total Communi Pro'eets $384,790.00 CITY CAPITAL IMPROVEMENT PROGRAM - Organization Program/Project Funding Deoartment of Recreation Otav Recreation Deoa rtment $227,600.00 Emerson Street Drainage Improvements Deoartment of General Services Elm to 3rd\ $267,500.00 Department of General Services Park LiQhtinQ Improvements IHilltoo\ $160,000.00 Department of General Services Annual ADA Curb Ramos $2540402.00 Department of General Services Annual Sidewalk Rehabilitation Proied $125,000.00 Department of General Services 3rd Avenue Street Improvements (Orange to Main) $50,000.00 Department of General Services Audible Pedestrian Sianal Modifications $25,000.00 Total CIP {Citvl $1,109,502.00 ADMINISTRATION AND PLANNING - ~ - - -- - Organization Program/Project Funding Fair Housin Council of San Die 0 Re ional Task Force Ci Staff Administration Chula Vista Fair Housin Pro ram Re ional Task Force on Homeless $410,305.00 $41,000.00 $1,000.00 $452,305.00 Totals 16-3 PAGE 4, ITEM NO.: {{, MEETING DATE: 07/12/05 FISCAL IMPACT These contracts will be funded out af the City's 2005-06 CDBG entitlement af $2,299,525. In the remote event that HUD should withdraw the City's CDBG funding, the agreements provide that the City is not obligated to compensate the sub-grantees for program expenditures. AnACHMENTS Attachment A: Sample CDBG Agreement with Exhibits 16-4 AGREEMENT SETTING OUT TERMS AND OBLIGATIONS OF IIORGANIZATION)) IN REGARD TO THE EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANTS (CDBG) FUNDS FOR IIPROJECTPROGRAMl) THIS AGREEMENT is made this day of 2005, for the purposes of reference only, and effective as of the date last executed between the parties, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, and the ((Organization)), ("Grantee"), and is made with reference to the following facts: RECITALS WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; e ncil 0 e ty hu Vi held publ g 29 and April 5, 200 0 receive public comment and tes [mony on the community deve opment and housing needs of the community. CDBG entitlement funds were allocated on May 10, 2005, a portion of which was allocated for the Grantee; WHEREAS, the City is desirous of having those certain services for the benefit of low-income households, hereinafter enumerated, performed by the Grantee; WHEREAS, HUD requires the execution of a written agreement setting the terms and obligations for the expenditure of CDBG funds by the Grantee; and, WHEREAS, Grantee warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Grantee within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual obligations of the parties as herein expressed, the parties hereto agree as follows: 1. Term of Aareement. The term of this agreement shall be for a period of one (1) year, from July 1,2005 through June 30, 2006. Any funds not reimbursed by the City to the Grantee prior to June 30, 2006 will revert back to the City. 2005-2006 Subrecipient Agreement Page 1 of 6 16-5 2. Statement of Work Schedule. The Grantee shall perform those duties described in the Statement of Work in Exhibit A. attached hereto and incorporated herein. These services shall be provided during the term of this agreement and according to the Performance Schedule in Exhibit A, attached hereto and incorporated herein. 3. Low Income Reauirement. The services to be performed by Grantee shall be provided primarily to persons of low-income households. A minimum of 51 % of the persons provided services shall be of low income, as determined by the most current HUD Income Limits for the San Diego SMSA. a copy of which is attached hereto and incorporated herein (Exhibit C). Grantee shall use reasonable means to determine the income level of each person or family served. 4. Comoensation and Budaet. In consideration for Grantees performance of the work described in Section 2 hereof and on the condition the City receives sufficient CDBG funds and appropriates them for the purposes provided for in this Agreement. the City shall reimburse Grantee up to a maximum of IlAmounCFunded_ll, payable as set forth in Section 5 below. An itemized budget for said reimbursable expenses is set forth in Exhibit B, attached hereto and incorporated herein by reference. 5. 6. Reoorts. The Grantee shall provide the City with a quarterly report, submitted no later than 30 days after the last day of the previous quarter, which includes a narrative of the services provided and an itemized accounting of the expenditures of CDBG funds during the previous quarter. Failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the report has been submitted. In addition, said report shall include the following statistical data for persons/households served during the previous quarter: (a) The total number of persons/households served; (b) The number of persons/households receiving each type of service provided: (c) Of the persons/households served, the number of residents and non- residents of Chula Vista; (d) Annual gross household income by standard categories, adjusted for family size (low, moderate, other): 2005-2006 Subrecipient Agreement Page 2 of 6 16-6 (e) Race or ethnicity according to standard categories (White: Black/African American; Asian: American Indian/Alaskan Native: Native Hawaiian/Other Pacific Islander; American Indian/Alaskan Native and White; Asian and White; Black/African American and White; American Indian/Alaskan Native & Black/African American; Other); (f) Number of female-headed households served; (g) Narrative of contract objectives (in Agreement) comparing current objectives vs. original objectives in Agreement. Provide explanation if not meeting original objectives. 7. Assianment. Because of its unique qualifications, City is looking solely to Grantee to perform the work designated in this Agreement. The performance of this Agreement may not, by sub-agreement, be assigned to any other entity without prior written consent of the City. 8. Financial Records and Audits. The Grantee shall maintain all financial records for three years following the term of this Agreement. The City, at its discretion may require the Grantee to provide or allow the City to undertake a complete financial and program audit of its records. Those records shall contain, at a minimum. the following information for each client served; income, residency, and ethnicity. The records shall also contain receipts or other proof of all expenditures made with City COBG funds. 9. 10. Uniform Administrative Reauirements. The Grantee shall comply with the applicable uniform administrative requirements as described in HUO regulation 24CFR 570.502. This HUO regulation requires compliance with certain sections of 24 CFR part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local. Governments". 11. Other Proaram Reauirements. The Grantee shall carry out each activity specified under this Agreement with all Federal laws and regulations described in 24 CFR 570, Subpart K. with the following exceptions; oj The Grantee does not assume environmental responsibilities described at 24 CFR 570.604; b) The Grantee does not assume responsibility for initiating the review process under the provisions of 24 CFR 570.612. 12. Accountina Procedure. The Grantee agrees to abide by the requirements of OMB Circular A-l22 "Cost Principles for Non-Profit Organizations". The Grantee shall account for use of Block Grant funds separately from other funds so.as to demonstrate that the funds are used for their designated purposes. 13. Proaram Income. Any program income derived from COBG funds shall be reported to the City and shall only be used by grantee for the services funded under this Agreement. Program Income is defined as interest received on funds placed in an 2005-2006 Subrecipient Agreement Page 3 of 6 16-7 interest-bearing account with a financial institution. All provisions of this Agreement shall apply to the use of program income for said activities. Said program income shall be substantially disbursed for said services before the City will make additional reimbursements to the Grantee. If said program income is on hand when this agreement expires, or is received after expiration of this agreement. then said program income shall be paid to the City. 14. Conditions for Reliaious Oraanizations. If the Grantee is a religious entity, affiliated with a religious entity, or sponsor of religious activities, then Grantee shall abide by the HUD regulations 24 CFR 570.200[j) which prohibits discrimination on the basis of religion and prohibits the use of funds for religious activities, and places other restrictions and limitations on the Grantee. 15. Drua-free WorkDlace. The Grantee shall maintain a drug-free workplace at all times for the duration of this contract. 16. Lobbvina of Federal Officials. The Grantee shall not use any funds provided under this Agreement to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement. and the extension, continuation, renewal, amendment. or modification of any Fe contract rant, I , or co er' ree nt. If Gr . izes any r s for of t afore ti 0 ,then t ran ee shall lete and Sta d F LL, rm to R rt Lobbying", in e tru 17. In antee rent at it gents, an it, are protected by the following insurance coverage: Worker's Compensation insurance, where applicable by law; and General Liability insurance including bodily injury and property damage coverage to the extent required by this Agreement. Grantee will provide to the City, prior to commencement of the services required under this Agreement, the following certificates of insurance: a) Statutory Worker's Compensation coverage plus $1 ,000,000 Employer's Liability coverage; b) General Liability coverage to $1,000,000 combined single limit which names the City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("primary coverage"), and which treats the employees of the City in the same manner as members of the general public ("cross-liability coverage"); c) Automobile Liability coverage to $1 ,000,000 combined single limit. if Grantee, its agents, and staff employed by it. will utilize auto in the scope of its Agreement for the City. The insurance shall be issued by an Admitted insurer with an AM Best's rating of A-V or better, except as otherwise approved by the City at its sole discretion. In addition, if any work is being contracted through a subcontractor/consultant, Consultant shall require said subcontractor/consultant to have the same insurance coverage as identified in this paragraph or named as Additional Insured under Grantee's insurance policy. 2005-2006 Subrecipient Agreement Page 4 of 6 16-8 18. Hold Harmless. Grantee shall defend. indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense [including without limitation attorney's fees) arising out of the conduct of the Grantee, or any agency or employee, or others in connections with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Grantee indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers and agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Grantee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officer, agents, or employees. Grantee's indemnification of City shall not be limited by any prior or subsequent declaration by the Grantee and shall survive the termination of this agreement. 19. Suspension and Termination. In accordance with HUD regulation 24 CFR 85.43, Grantee may be suspended or terminated by the City after 30 days written notice to the Grantee due to default by the Grantee or Grantee's inability to perform, regardless of whether such inability is due to circumstances within or beyond the Grantee's control. The award may be terminated for convenience in accordance with 24 CFR 85.44. Settlement of any disputes shall be based on the laws of the State of California. 20. 21 . medy provided breach 22. Reversion of Assets. Upon expiration of this Agreement, Grantee shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds, including any program income derived from CDBG funds. 23. Entire Aareement. This Agreement represents the entire agreement between the parties and supersedes any previous or contemporaneous written or oral agreements. Required Exhibits: A. Statement of Work B. Itemized Budget C. 2005 San Diego County Median Income Limits by Household Size D. City of Chula Vista Disclosure Statement 2005-2006 Subrecipient Agreement Poge 5 of 6 16-9 IN WITNESS WHEREOF, City and Grantee have executed this Agreement this 2005. day of . CITY OF CHULA VISTA Stephen C. Padilla Mayor, City of Chula Vista APPROVED AS TO FORM Ann Moore City Attorney ATTEST CityCI ((Organization>> a California non-profit public benefit corporation Name: Title: 6 2005-2006 Subrecipient Agreement Page 6 of 6 1 -10 Exhibit A Project Hand FY 05-06 Reporting Requirements Wrthin thirty days after the end of each quarter, contractor shall submit a performance report for the previous quarter, which shall include the following information: 1. Total number of individual clients and/or families served 2. Address of each clientlfamily served if available and living arrangements in the household 3. Brief description of services performed for each clientlfamily 4. Income verification for each client 5. Demographic data including: a. Number of homeless b. Race and/or ethnic data as required by HUD c. Number of female heads of households 6. Narrative describing goals met, program accomplishments, activities undertaken to promote the program, obstacles to program success (problems or concems), and. anticipated outcomes for the next quarter. Any other information required by the City of Chula Vista not described above will be included in the performance report when contractor is notified of the need for additional information. 16-11 EXHIBIT B BUDGET PROJECT HAND PROGRAM PROGRAM EXPENSES 1. Pro ram expenses/supplies $110.00 $390.00 $500.00 2. Office ex enses $330.00 $1,170.00 $1,500.00 3. Posta e $24.42 $86.58 $111.00 4. Advertisin and printing $21.42 $78.58 $100.00 5. Utilities and tele hone $491 .48 $2,008.52 $2,500.00 6. Meetin s and conferences $11.00 $39.00 $50.00 7. Mileage/travel $330.00 $1,170.00 $1,500.00 8. Donor/volunteer recognition $22.00 $78.00 $100.00 9. Maintenance $225.72 $874.28 $1,100.00 PERSONNEL EXPENSES 1 . Saiary $4,695.02 $17,304.98 $22,000.00 2. Benefits $1,338.94 $3,961.06 $5,300.00 3. Administration fee (-20%) $400.00 $5,432.20 $5,832.20 $8,000.00 $8,000.00 $32,593.20 Inci. $32,552 United Way Does not include in-kind donations from church, restaurants, FEMA, etc., such as rent and food. Sum: TOTAL $40,593.20 16-12 Exhibit A Caring Neighbors FY 05-06 When the "CARING NEIGHBORS PROGRAM" encounters needs that cannot be met within the scope ofthe program, referrals are made to the appropriate city, county, state or other service agency. Reporting Requirements Within thirty days after the end of each quarter, contractor shall submit a performance report for the previous quarter, which shall include the following information: 1. Total number of clients served 2. Address of each client served 3. Brief description of services performed for each client 4. Income verification for each client 5. Demographic data including: a. Number of senior clients b. Number of disabled clients c. Number of homeowners d. Race and/or ethnic data as required by HUD e. Number of female heads of households 6. Narrative describing goals met, program accomplishments, activities undertaken to promote the program, obstacles to program success (problems or concerns), and anticipated outcomes for the next quarter. Any other information required by the City of Chula Vista not described above will be included in the performance report when contractor is notified of the need for additional information. 16-13 EXHIBIT B BUDGET CARING NEIGHBORS PROGRAM PROGRAM EXPENSES 1. Program expenses/supplies 2. Office expenses 3. Postage 4. Advertising and printing 5. Utilities and telephone 6. Meetings and conferences 7. Mileage/travel 8. Donor/volunteer recognition g. Maintenance 10. Rent PERSONNEL EXPENSES 1. Salary 2. Benefits 3. Volunteer labor 4. Administration fee $6,000 $200 $50 $100 $800 $130 $100 $120 $250 ............... .............. ............... ...."........ ............... .............. ...,........... .............. $6,000 $300 $50 $250 $2,000 $200 $150 $120 $1,000 t@Jil $12,000 $500 $100 $350 $2,800 $330 $250 $240 $1,250 $7,200 $9,750 $1,500 $1,800 $650 ...................................$Z,5Qn. $12,400 $11,550 $2,150 $2,500 $12,400 TOTALS: $19.000 $34.620 $53,620 CHULA VISTA TOTAL $19,000 .>I~,~iM~6H~~6~: 16-14 Exhibit A ESG Funding South Bay Community Services STATEMENT OF WORK PERFORMANCE 2005-2006 Amount $82,661 South Bay Community Services will: Provide a range of services and supports for 93-100 homeless families with children each year who are residents of Casa Nueva Vida I, a 12-apartment shelter for homeless families most of whom are impacted by Domestic Violence. Services will include (not an exhaustive list, depends on treatment plan): 1. short term shelter 2. individualized assessments and treatment planning, 3. assistance with planning for stable housing, 4. connection with community and mainstream resources such as TANF and SSI or Veteran's benefits, 5. assistance with obtaining Temporary Restraining Orders, 6. accompaniment to Court hearings, 7. emergency food and clothing, 8. counseling for adults and children, 9. assistance with accessing job resources and 10. child care while job or apartment hunting, 11. independent living skills classes, and 12. parenting skills classes. 100% will be low income residents. All services are offered in English and Spanish. Funds will be expended on Essential Services such as child care, bus vouchers, and motel vouchers for those for whom there is not enough space in the shelter. Operational expenses include salaries and costs for maintenance and residential staff, office and consumable supplies, utilities & repairs and maintenance, food, and security costs to keep the facility safe for the residents. 16-15 BUDGET Funding Sources(S) Exhibit e Essential Services 1. Salaries $ $ 227,038 $ 227,038 2. Benefits & PR Taxes 0 60,386 60,386 3. Child Care 9,644 74,6S6 84 300 4. Bus Vouchers 1,439 6,464 7,903 5. Motel Vouchers 0 0 0 6. Food 0 lies 0 8. Miscellanoues 0 Total Essential $11,083 $368,544 $379,627 o erational Exe enses: 1. Salaries Maintenance & Residential Sta 22,280 25,709 47,989 2. Benefits & PR Taxes 4,439 S 142 9,581 3. Insurance 5,500 39,394 44,894 4. Office & Consumable Su lies 2,175 28,097 30,272 5. Tele hone & Utilities 13,693 28,068 41,761 5. Re airs & Maintenance 5,062 43,154 48,216 3,150 1,200 4,350 7. Food 2,500 28,300 30,800 7. Secu rity 12,779 27,989 40,768 Total Operational $71,578 $227,053 $298,631 Adminsitrative Cost: 1. Salaries 0 0 2. Benefits & PR Taxes 0 0 3. Audit 0 0 4. Indirect/Admin 71,833 71833 Total Admin $0 $71,833 $71,833 Total Costs $ 82,661 $ 667,430 $ 750,091 cdbg OS-<l6 BGTS.xls 16-16 Exhibit A YOUTH SERVICES NETWORK South Bay Community Services STATEMENT OF WORK PERFORMANCE 2005-2006 Amount $30,000 South Bay Community Services will: A. Juvenile Diversion: Provide assessment, intervention, and Juvenile Diversion services to 238 youth at risk of justice system involvement and/or confronting problems in their schools. B. TeenCenter/KIDZBIz/Job Readiness 1. Up to 33 youth will participate in KIDZBIZ courses, as measured by sign-in sheets or other enrollment process. 2. The KIDZBIZ program will be provided to enrolled youth, as verified by course records and course sign-in or other attendance records. SBCS will coordinate the Youth Services Network with its 5 partners: the South Bay Family YMCA, Chula Vista Community Collaborative, Otay Recreational Center, Chula Vista Police Athletic League, and Boys & Girls Club The Chula Vista Community Development Block Grant funds ($30,000) will be used for Juvenile Diversion staff and KIDZBIZ job readiness staff and services. 16-17 BUDGET Funding Sources(S) Exhibit B 1. Sub-contractors $ $ 8,085 $ 8,085 2. Audit and Contracted 1,500 12,322 13 822 3,567 72,432 75,999 2,500 34,377 36,877 5. Tele hone, utilities & Rent 3,600 71,240 74,840 0 13,046 13,046 7. 0 29,125 29,125 8. Indirect! Admin 152,905 152,905 Personnel: 1. Salaries 16,373 787,300 803,673 2. Benefits & PR Taxes 2,460 139,820 142280 3. 0 4. 0 5. Other Ex enses: 1. 2. 3. 4. 5. Total Costs $ 30,000 $ 1,320,652 $ $ 1,350,652 cdbg 05-06 BGTS.xls 16-18 EXHIBIT A CHULA VISTA FAMILY VIOLENCE PREVENTION & INTERVENTION COALITION SOUTH BAY COMMUNITY SERVICES Community Development Block Grant STATEMENT OF WORK PERFORMANCE 2005-2006 Amount $ 16,000 The Chula Vista COSG grant will be used to support the following services to families experiencing problems with family violence: 1. Community education and outreach; 2. 24-hour hotline and crisis intervention; 3. Safe shelter and support services; 4. Case management; individual, family, and group counseling; and 5. Legal advocacy and restraining order assistance. 547 victims and perpetrators will be provided the services (as appropriate) listed above. 75% of the clients will be low-income residents. All services are offered in English and Spanish. Funds will be used for Salary and supplies for Family Violence Support Services staff. 16-19 BUDGET Funding Sources(S) Exhibit E 1. Sub-contractors $ $ 45,290 $ 45,290 2. Audit and Contracted 1,650 56,008 57,658 150 68,291 68,441 2,447 23,966 26,413 5. Tele hone, utilities & Rent 1,160 213,343 214,503 0 19,911 19,911 56,991 56,991 8. Indirect! Admin 150,357 150,357 Personnel: 1. Salaries 9,152 552,803 561,955 2. Benefits & PR Taxes 1,441 103,630 105,071 3. 0 4. 0 5. Other Ex enses: 1. 2. 3. 4. 5. Total Costs $ 16,000 $ 1,290,590 $ $ 1,306,590 cdbg OS-06 BGTS.x1s 16-20 \::::X hi b';--\ \\ 6. Please describe the services you provide to your clients: Coordinate training for child, ",re providers and other early childhood educators. Plan, coordinate, fundraise and carry out the Day of the Child event. Outreach/visit licensed childcare facilities and family day care homes to establish network of childcare providers and improve role of liaison. Attend city planning department hearings on community concerns regarding childcare and act as a liaison in the process. Collaborate with local and state legislators in regard to children's issues. Maintain the Chula Vista Family Childcare Project (CVFCCP) for newly licensed providers (This project funds and mentors 20 newly licensedciiildcare providers in Chula Vista annually). 7. Please describe. your organization's target population and why your program should receive CDBG funding: The target population of this program is the childcare providers and those applying to be licensed providers in Chula Vista. This program provides enrichment for childcare providers through written information, workshops, and increased dialogue. This position also serves as a liaison between the City of Chula Vista Planning Department and residents interested in applying for a large family daycare license. The program is likely to have greater benefit for lower income children, who compared to children from affluent families, are more likely to receive care in unlicensed facilities and from caregivers with limited or no training. Although licensed providers are accessible through City and County records, unlicensed providers have been invisible. However, through coordination with the County of San Diego, Health and Human Services Agency, the Chula Vista Childcare Coordinator has been able to link with many unlicensed providers to offer services and training. This request is to fund a 1/2 time Childcare Coordinator, as well as, to support the organizing and staging the Day of the Child event in April. The Child Care Coordinator position and the Day of the Child event are direct requests from the City of Chula Vista Childcare Commission. ~!f?- - - 0lY OF OiUlA VISTA 1 6- 21 10. Please describe the methods your organization will utilize to track income levels, demographic information and the evaluation of the program to measure success? Process Evaluation: The Childcare Coordinator will maintain records of services provided in the following manner: I) Sign-in sheets will identifY participants in provider training/workshops. 2) Contact logs will be used to collect information each time the Childcare Coordinator is contacted by a provider. 3) Photographs of the Day of the Child, media clippings/coverage and volunteer sign-in sheets will be available for review. 4) Hearings attended will be documented to identify prevalence of needs or concerns. 5) A roster of the (20) newly licensed childcare providers will be documented to improve role of liaison and co=unication with providers. Outcome Evaluation: Program success in achieving Objective #1 will be-assessed by having participants in training workshops/presentations complete surveys at the conclusion of each training. The surveys ""ill provide evidence that the training was effective, useful, and/or provided new information. Success with regard to Objective #2 will be assessed with the use of a follow-up survey or phone call to all providers who had any kind of contact with the Child Care Coordinator throughout the year. The survey will generate data on the success of the program, the need for follow up assistance, and the increased request for additional training by childcare providers/early childhood educators in Chula Vista. Effectiveness in reaching Objective #3 will be documented through the press releases and media coverage on the Day of the Child event. 8-10 unlicensed childcare providers in Chula Vista will take steps toward becoming licensed. 80-100 childcare providers/early childhood educators in Chula Vista will report an increased knowledge of child care practice/advocacy as a result of participating in trainingiworkshops. 80-100 childcare providers/early childhood educators in Chula Vista will report greater confidence in dealing with childcare and/or children's issues as a result of participating in training/workshops. 10-20 newly licensed child care providers in Chula Vista will report increased knowledge of resources/training opportunities to improve the quality of childcare. 50% of childcare providers returning follow-up surveys or participating in follow-up phone calls will report that their knowledge of childcare related issues and. how to deal with them more effectively has improved since receiving training or assistance from the .Childcare Coordinator. ~!~ - - ~~ 16-22 G '''';\.,';l, 55 BUDGET Funding Source(s) .' "";,:'1";"'",.".,, -'. ','<.:.:.,:;1.~'t\~;~~1.jf~,)."",t'.,. 'j,:,.;,..":;;":"'" '~.", ~UDGCUI'E~;"", r;~HU~vf~~JtJ;"ii;~i~~~';1k. !'"VOntERl7..'< ;",~JOTAL' ' .', """"', .' coBS" ' :"rii~'Othe~, -::tist't:ii:fiel';",";;C!, " Proqram EXDenses (ATOD) 1. Conferences 600 2. Printin~ 50 3. Postage 50 4. Office Supplies 500 5. Food 50 6. SDCFCCA Membershios 700 7. Dav of the Child 246 Personnel Expenses: I. Child Care Coordinator 2. Program Assistant (4 mos., to assist m the planning of Day of the Child) 3. Administrative Support 4. Other EXlJenses: 1. 2. 3. 4. 5. TOTAL . 600 50 50 500 50 700 246 29,304 5,000 43,954 73,258 5,000 3,500 3,500 ~ ~ lIE[ ~! rc.. CllYOF Q-tUlA VISfA 16-23 G'l<h,b1 ~ YOUTH SERVICES NETWORK (Subcontract with the Chula Vista Coordinating Council) SCOPE OF WORK 2005-06 Chula Vista Coordinating Council will: 1. Provide drop-in childcare for 45 unduplicated children. 95% of these children are from low or very low-income families. 2. Drop-in childcare coordinated by the BEACON Family Resource Center provides an opportunity for parents to attend Adult Education Classes on the Vista Square and Rice elementary school campuses. The availability of free childcare is key to giving many of these parents an opportunity to continue their education. 3. The childcare program is operated with one paid staff, at each site, and volunteer parents. This co-op system provides a safe ratio (1:8 ratio of adults to children), gives the parents an opportunity to pay back for the child care they receive and gives them an opportunity to learn techniques of working with young children in a group setting. 16-24 5'1., 'n\ ~\\ J) Community Development Block Grant Program FY 2005-06 Funding Application Budget Funding Source(s) Please list each budget line item and the source of the funding. Inciude all program expenses, personnel costs and any program income. Attach additional sheets, if necessary. Personnel: Chuia Vista Community Collaborative $4,411.50 $588.50 Benefits Total Costs $5,000, 16-25 It- May 31, 2005 TO: ANGELICA DAVIS COMMUNITY DEVELOPMENT FROM: MICHELLE CASTAGNOLA OT A Y RECREA nON CENTER RE: YOUTH SERVICES NETWORK FY 2005-2006 WIZ KIDZ SCOPE OF WORK AND BUDGET The Wiz Kidz program will operate at Otay Recreation Center within the City of Chula Vista. The program site will operate Monday through Friday after school at the Otay Recreation Center, serving children from primilary Otay Elementary School, and local elementary schools within the immediate area. The program will operate for 38 weeks during the school year, for two hours each day Monday through Thursday and 3 hours on Friday. The Wiz Kidz program offers scheduled and supervised activities designed to be educational and healthful. The fIrst hour each day consists of roll call and homework, followed by snack, and group discussion, activity or sport. Weare partnering with the Chula Vista Elementary School District's, After School Snack program, to provide the participants a free nutritious snack. Activities are designed to build social skills and sportsmanship and will include: sports tournaments, arts and crafts, board games, guest speakers, fIeld trips, nutrition classes, contests and other special activities. Free choice activities are given for the fInal 30 minutes of the program. The program anticipates having a core group of participants at each location. The proposed project will provide services for approxiplately 60 youth participants. All funds will provide direct services to youth. Program Objectives . Increase the availability of positive alternatives to high-risk behaviors that can cause harm to oneself or others. 16-26 . Provide opportunities to learn skills that improve the ability of children to make positive life choices. . Provide safe social and recreational activities for children who would otherwise be . home alone. . Provide safe and healthy options for children of working parents after school. . Provide educational opportunities to help children experience success in school. WIZ KlDZ BUDGET FY 2005-2006 PERSONNEL Recreation leaders II hours per week for 38 weeks = 4,116.28 Recreation aide 6 hours per week for 38 weeks = 3886.89 Wages and Salaries Fringe benefits Personnel Total $6,075.71 $407.00 $6,482.71 Non-Personnel Recreation Supplies $117.29 TOTAL EXPENDITURES $6,600.00 . 16-27 - l!! .i'! ::I ~~ ...J ~ o .... b :t:: tJl 'lIo-" ~~ a: o- W en 0- W ~ a: ~- (I). ........ c:S o Ql 15 ~ W :; _2-rn tJl m -'" ~ ~ - Ql ::I a: ~ Q) 0 it ~ ~:I: >- ...J U. ~ g u.. "' u. :;) ~ tJl C/) I- m tJl a. "E a:.... .... ::I 5N .... - I- .. :J: III I.l..I I.l..I J: C/) W", 0') -I ~ NO') ~~ ..... a: oi i5 ~ 0 l- I- .. - - I.l..I .!!! III c.9 'O"/" ~:m ..= $N ~N CD .S! Cl .. '0 U III '0 u :) .c '0.... 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Programs and activities are publicized on a bi-monthly basis to participants, schools, community organizations and advocates, rehabilitation hospttals and group homes. Programs are designed for ages six years through adult and occur on a weekly basis. These programs include sports and games, creative arts, dance, summer day camps, wheelchair sports, social events, aqua exercise, cooking class and fieldtrips in a fun and supportive setting. Benefits of programs designed for persons with similar disabilities include increased self-esteem and a sense of belonging to a group. Other benefits include the development of se~- esteem, physical fitness, learning new things, respite time for parents and meeting new friends in addition to the specialized group experiences for persons with developmental and physical disabilities listed above. The Chula Vista Recreation Departmenfs Therapeutic Program will enhance the leisure/recreational opportunities for individuals with disabilities who reside in the City of Chula Vista and the sunrounding South Bay areas. The Therapeutics Section will provide a selVice that ensures participation for individuals with many levels of disabilities in leisure and recreational activities provided by the Chula Vista Recreation Departmenfs Therapeutics Section. 16-34 Exhibit B BUDGET Funding Source(s) 16-35 EXHIBIT A SCOPE OF WORK Norman Park Senior Center provides two safety net components of Project CARE, the "Are You Okay?" Program and the "Vial of Life." Funding in the amount of $2980.00 will be used to support the "Are You OK?" Program. The "Are You Okay?" Program is a Monday through Friday well-being check provided by a computerized phone call and monitored by staff. If clients answer their phone, the next person in the program is called. If the client doesn't answer or if the phone is continuously busy, staff then calls emergency contacts for the client until someone is available to personally check on the client and report back to staff that the client is OK. This program requires promotion, application processes, data entry, daily implementation, and file maintenance. In that completed funding was not received, COSG funds will be used to provide 1 hour a day,S days a week of this valuable service. This program will be staffed with funds from other sources-to maintain the minimum staff requirement of 3 hours a day, five days a week to provide this service. Life Options targets Chula Vista residents nearing retirement. The goal of this outreach is to enable adult children to be knowledgeable of services available for aging parents, as well as, services offered through Life Options that include: volunteer opportunities, health and wellness, second career training and job opportunities. Funding in the amount of $1480.00 will be utilized to support Life Options Outreach. Outreach for the Life Options program involves meeting with employers in the community as an avenue to reach employees nearing retirement. Employers are equipped with information about programs and services that will assist them with their employees, Chula Vista residents, with care giving issues, life long learning, health education and second career training and more. Outreach includes preparing handouts and networking with community businesses and associations to reach the target population. Staff will have 139 hours to work on this project. All of the above programs serve to compliment the various activities that take place at Norman Park Senior Center for the benefit of older adults in Chula Vista. 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" " N ~ EXHIBIT B To: Jack Griffin, Director of General Services From: Larry Eliason, Parks & Open Space Manager Subject: Security lighting at S.D.G.&E Park Date: 6/2/2005 Presently tbere are no security or parking lot lights located at 1450 Hilltop Drive. This is a 10-acre park site, which has residents living on tbe Soutb and Nortb side oftbe park. In addition, Lorna Verde Elementary School is located across tbe street on tbe East side of tbe park. The general public and youtb sport groups use tbe park primarily during daylight hours. Due to tbe lack of security lighting in tbe park, tbe public and sport groups associated witb Lorna Verde Elementary School are unable to utilize this park in tbe late evening. To correct this situation, I'm requesting tbe following scope of work be performed: . 22 Lumec walkway lights . 2 single head concrete pole parking lot lights . I-meter cabinet . 1 intermatic timer . 25 concrete pull boxes . 2" schedule-40 conduit . THW wiring . Metbod of trenching to be boring Staff has received (1) quote from an electrical contractor as a Non-Prevailing wage rate of $134,700.00 16-39 =:! ~ \.IJ Q == ~ ~o ~lt :S~ ~ifi U::!il u..~ 00 ~ll:: u~ - ...j ~ ii: ~ '" o o S " r- o o UJ ...I :::l Q UJ '" U III >- ...I ~ j!! o '" ~ '" ~ N '" o '" o 0 z ~ "- <3 c:5 ~ [!l ~ ~ft ,S ~ :E " .c " 0<: ... '" ";j - ,. ~ " g ~ o z ~ ~ " " 'E " '" ";j - " 5 o >.: z UJ :IE Ii: <( "- UJ Q Iii ...I !:: " '" " = o ::E It: " - Oi UJ ~ Z <( :IE ,... u UJ ~ "- III is.. ;::'9 ...JC:~ ~a:~ O"-:::l ,...01>: 1>:", :::,... <( Z, i:J B ~ " ~ ,... U ...I ~~ ~ g "- <( UJ I>: <( z :3 "- ~ Z :::l :;; :IE Q Q ~ a. Q Q N >- u.. 000 ... ... ... .. Q 00 Q Q N >- u.. 000 ... ... ... .. Q .:. Q Q N >- u.. 000 ... ... ... .... '9 '" Q Q N o 0 0 ... ... ... ~ '" Q oJ, Q Q N ~ o 0 0 ... ... '" r- oo .. 000 '" ... ... 000 ... ... '" r- oo" .. Iii UJ !;c :;; ;:: III UJ ,... 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UJ Cl 9 i!i z ::J :::l Q UJ '" Iii :::l !;c PROJECT TITLE: CDBG SIDEWALK REHABILITATION (FY 05/06) CITY OF CHULA VISTA PUBLIC WORKS DEPARTMENT \ ENGINEERING DIVISION COST ESTIMATE PROJECT NUMBER: DATE: PREPARED BY: CHECKED BY: STL-319 JUNE 2, 2005 JEFF MONEDA No. DESCRIPTION QUANTITY UNIT UNIT AMOUNT PRICE 1 4" SIDEWALK 4300 SF $8.50 $36,550.00 25' MONOLITHIC SIDEWALK WITH c/G 200 LF $55.00 $11,000.00 3 6" SIDEWALK THROUGH DRIVEWAYS 700 SF $15.00 $10,500.00 . 6" CURB ANO GUTTER 700 LF $35.00 $24,500.00 5 TRAFFIC CONTROL I LUMP $2,500.00 $2,500.00 6 7 8 9 10 11 12 13 1. 15 16 17 18 19 20 21 22 % SUBTOT AL: $ 85,050.00 16-41 :::! ~ Ll.I Cl =e ~ ~O ~g: :S~ ~ifi U::!i u.~ 00 ~O:: t3!i - '" o o S ;% o o W ...J :J o W J: o Ul >- ...J ...J < ;:: ~ .... ~ it ~ o N on '" '" o ..". N ~ ~ ~ > e c. .5 o ~ z ~ a. i55 (; c ~ ~ z .9 ~ .. :a o .; = C ~ ~ .( ~ ~ o z e, ~ ~ U '1; ~ '" " ~ ~ C c3 '" z w :::I! Ii: < a. w o Iii ...J .... ~ 'E ::i l;i ::E Iii w " < z ::i .... o w ..., o '" a. 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ORANGE T9...i:!AIN____.____.__ PROJECT NUMBER: -DATE: PREPARED BY: CHECKED BY: STM352 JUNE 6, 2005 YANO 1 PROJECT STUDY.FEASIBILlTY I AL TERNA TIVE STUDY lS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 SUBTOTAL: $ 50,000.00 NOTES: EXHIBIT "B" 16-43 ::::l ~ UJ Cl == ~~ III 0 >R: :5~ ~ai u:::5 u...~ 00 ~g: U=e - ...J ~ a: (5 '" '" '" - - ~ o c W ...J :::J C W " U "' >- ...J ...J <C ;:: ~ o '" '" on '<> N o Z 11. <:i ~ w Z ~" " " 8 " ;> ~ ..5 ~ ~ '" C ; 'E CI CI o Z 11. <:i ~ " u .6 '" e u Ii o ,:.; Z w ::!! ti: <C 11. W C in c o ~ u 8 '-'l OJ ...J ~ ;:: o c ~ >- o 1i .c ci! Ii: w ~ Z ~ ~ u w .., o '" 11. l;; .. o o N ~ .. o "' o o N > U. "' z", 09 ...J~~ ;!:ii:~ 011.:::J ~o", "'" :t~ <C i:' u 8 o J?P c o ::E !J...J ~ i5 51~ 11. it; '" <C z :I 11. ~ Z :::J ::!! ::!! o o rii l!! <C ::!! ;:: "' w ~ "' o u o - a, o o N 000 ... ... ... ~ '" o .. o o N 000 ... ... ... ~ .. o ,:. o o N ~ 000 ... ... ... o 0 0 ... ... ... o 0 ... ... 00..,. o 0 N o on '" vf C"i V'l ... 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U "3 ." u "" u ~ .:!l c '" .;;; u CI u C ~ rii :::J S ,:.; u w u. u. w ~ w Cl c =1 CITY OF CHULA VISTA GENERAL SERVICES DEPARTMENT \ DESIGN COST ESTIMATE PROJECT TITLE: ..QB~l.I':lA~~ IMPROVEMENT~EHERS~_STREET, FROM ELM AVEMJE TO THJ~D AV~J!~.!_a FRO!i..WEST_Qf_~T!i Av. TO slo WEISSER WAY PROJECT NUMBER: DATE' PREPARED BY, CHECKED BY, DR-133 FEBRUARY 4. 2005 CESAR MAGBUHAT R. YANO i . .. . , , , "" 1 DeEP LIFT ASPHALT CONCRETE PAVEMENT 300 TONS $120,00 $36,000.00 2 TRENCH SHORING 3<'00 LF $12.00 $40,800.00 3 48' Rep STORM DRAIN PIPE 65 LF $185.00 $12,025,00 4 42' Rep STORM DRAIN PIPE 1000 LF $250,00 $250,000.00 5 :56' ReI" STORM DRAIN PIPE LF $155,00 fI 30. ReI" STORM DRAIN PIPE 750 LF $125.00 $93,750.00 724' ReI" STORM DRAIN PIPE 480 LF $110.00 $52,800.00 fI 18' ReI" STORM DRAIN PIPE = LF $95.00 $123,500,00 iJ 12' ReI" STORM DRAIN PIPE LF $85.00 10 8" pve STORM DRAIN PIPE LF $30.00 11 0' pve STORM DRAIN PIPE 20 LF $20.00 $400, DO 12 Box CULVERT, SINGLE 1.75'HIGH X 4' SPAN 30 CY $950,00 $28,500.00 13 Box CULVERT, DOUBLE 1.25' HIGH x L...75' SPAN 60 CY $950.00 $57,000.00 14 CURB INLET TYPE 8, L=IO' (MOD. 10.5' X 10.5') I EA. $8,000.00 $8,000.00 15 CURS INLET TYPE 8, L=IO' 3 EA. $7,000,00 $21,000.00 16 CURB INLET TYPE 8, MODIFIED (NAPLES STREET) I EA. $8,000,00 $8,000.00 17 CLEANOUT MODIFIED 5' X S' (MINI-STORAGE AREA) 3 EA. $5,000.00 $15,000.00 16 ClEANOUT TYPE A-4 8 EA. $4,500.00 $36,000,00 19 CLEANOUT, MODIFIED 10' X 4' I EA. $7,000.00 $7,000,00 20 CLEANOUT, MODIFIED 10.5' X 4' I EA. $7,500,00 $7,500,00 21 CATCH BASIN TRIPLE. TYPE G 7 EA. $",000.00 $28,000,00 22 CATCH BASIN DOUBLE, TYPE G 5 EA. $,3,700.00 $IB,500,00 23 CATCH BASIN, 2' x 2' BROOKS TYPE 8 EA. $2,500.00 $20,000,00 24 CATCH BASIN (TYPE F) 2 EA. $<.,000.00 $8,000,00 25 CHANNEL TRAPEZOIDAL, 9' Top x 4' BOTTOM X 3'HIGH 197 IF $1,875.00 $369,375.00 29 RETAINING WALL PER SORSO C-2 (MODIFIED AS RECTANG 1170 SF $50.00 $58,500,00 'Z7 RETAINING WALL PER SORSO C-2 (MOO IF lED) 1565 SF $50.00 $78,250,00 2B TRANSITION STRUCTURE, TRAPEZOIDAL TO RECTANGULAR 15 LF $1,000.00 $15,000,00 29 6' P .C.C. SLAB '"00 SF $1".00 $19,600.00 30 4" f.C.C. SLAB 600 SF $8.00 $4,800.00 31 CONCRETE SWALE, 3' WlDE x 6' nilCK 2100 SF $1<..00 $29,400.00 32 CONNECT 48" RCP TO EXISTING CLEANOUT I EA. $4,000.00 $<.,000.00 33 CONNECT 42' RCP TO EXIST. CATCH BASIN I EA. $3,500.00 $3,500.00 :w CONCRETE BLOCKS, 8" X 8" X 16' 145 EA. $15.00 $2,175.00 35 CHAIN LINK FENCE, 6' HIGH 170 LF $20,00 $3,400.00 36 CHAIN LINK GATE, 6' HIGH I EA. $800.00 $BOO,OO 37 CONCRETE ENCASEMENT, 12" SEWER PIPE 32 LF $56.00 $1,792,00 38 CONCRETE LUG 4 EA. $1,000,00 $4,000, DO 39 PROTECTION & RESTORATION OF EXISTING IMPROVEMENTS I lS $40,000,00 $40,000.00 40 TRAFFIC CONTROL INCLUDING STRIPING I LS $30,000.00 $30,000,00 41 SUBTOTAL: $ 1,536,367.00 SUBTOTAL: $ 1 690,003.70 I . . III NaTES; 1 15 4~H181T '8' ::! ~ 1IJ Cl == ~ ~<.!l fIlO -0::: >1:1. ~~ ~iij CJ;e u..!5! 00 ~R: CJ;e - -J ~ a: tj '" o o S ~ o c W ..J :::J C W '" U ., ~ ..J <( >= i!: o ~ M '" .... '" c Z 0.. C3 ~ z of ~ 8 M <( g ~ c z " ~ u u 'E u CIl -; ~ u o u '" >: z w ::& Ii: <( 0.. W C ~ '0 U o o ::a II:: u ~ Ii: w C) <( z <( ::& .... U W .., o 0: 0.. .... 9 ... '" '" ... ~ '" ~ .. '" '" ... > lL .. '" .. '" '" ... > lL .. 9 .... '" '" ... ~ o 0 .... .... a ail ~;I oo~l!r~ ,,!Mil "I alii "!!tOlli tl~ :.~~.~ "Hiilm... rn~1 "!I!ll' t{~1 000 .... .... .... '" 0 0 ... .... ... o 0 0 0 ~ ~ "" '-4 o 0 0 s.1 "'t ~ g 'It.~j iflll '1m !I'~i ali I ';;!f,"" .l:Il s -:B1i "".b",", ::\ ~;)i ~I~II ~!: '" '" , '" '" ~ 1 W ..J ... '" .;, '" '" ... > lL ., z'" 09 ..J~~ ~iZ~ 00..:::J ....00: 0:", &.... <( U '0 'l< ~ iJ .... U..J ~~ fi!~ 0.. :.( w ~ z :5 0.. ~ Z :::J ::& :;! OJ w ~ ::& >= ., w .... '!1 '" 0 0 ... .... .... o '" 0 ... ... 0 o o '" ... Ii ." &! ,,; ~ 1TI ~ - " g' 8' "2 ~ ,l!! Ii! 8 'll c .5 '" ~ 0; c ~ ~~ '~"'." ~! .,,, ~~. ~I ~ OJ w U 0: :::J o ., C) z C3 z C) :$ ~ z o ~ 4' .... U <<: E-< H "" H ~ '" Ii: ;! ~ z C3 :; i- iJ u -s ;; o "" .. " o .s ~ ~ ~ .c ~ " u ,~ } o u ~ u ~ Q:= E5e r.oi 8 o 0 0_ ~ 0 &; '0 ,- uU oou o.c u _ =;~ -5.5 :;'0 -;- u '" ';;u >>.c -"'0 "'0 '- ~ o ~ CO :=: ~ ~:~ u u -" ~ - u !!l-fl 's ~ :'::c- -5:.:< :E:C~ ?$ e- ~ - '" u u s -s <( e u C ..::I:=: ale:.c - u ~ l:lI 5 .~ .,g' Q .-.- ...c:: ~ ~~ a s ~ .- e a .l:l '- u ~ 0 a '0 .. S 8,.g <( .. u u ,.3 .5 oS .!!! :g..= ~ 0 .-;:: '" u .. u o o ;z s ~ .S o - - '" u ~ '" .. o '0 .. a a '<i '" '" '" ~ .S ~ u } o u u .c ~ .~ 'g '0' ~ '" ~ ~ z o ~ U ii: ;;: >: U W lL lL W .... W C) c; z ::; :::J C W OJ :::J '- CITY OF CHULA VISTA GENERAL SERVICES DEPARTMENT \ DESIGN COST ESTIMATE PROJECT TITLE: PRELIMINARY ADA CURB RAMPS NO LOCATIONHAVE BEEN IDENTIFIED PROJECT NUMBER: DATE: PREPARED BY: CHECKED BY: STL 317 JUNE 6, 2005 YANO No. - - -~,-- -, "OESCRIPTIO~ ,- -- , - -, ;U;~T1TY I 'u~I~-1 '~~I;' T"" AM'OUN; , 1 I ' _, _ , , '.. __1 , _, PR~ J ". . 1 ASPHALT CONCRETE PAVEMENT AND SEAL COAT(Y) 2 CRUSHED AGGREGATE BASE (7") 3 P.c.c. MONOLITHIC CURB, GUTTER a SIDEWALK (5.5') 4 P.c.c. SLAB, 6"(DRIVEWAY) 5 P.C.C. SLAB, 6" (CROSS GUTTER) 6 PED RAMP PER CVCS-25 MOD. TRUNK DOMES INCLUDED 7 PED RAMP PER G-29 MOD. TRUNK DOMES INCLUDED 8 LANDSCAPE AND IRRIGATION 9 SIDEWALK! 4" FLATWORK 10 CURB a GUTTER 11 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENT 12 PAVEMENT STRIPING, MARKING AND SIGNAGE 13 TRAFFIC CONTROL 14 DEMOLITION AND REMOVAL (IMPROV AND EXPORT SOIL) 15 GRADING 16 RETAINING WALL 17 18 60 TONS 120 TONS 255 IF 1000 SF 1500 SF 4 EA. 4 EA. 2000 SF 1000 SF 500 LF I LS I LS 8 EA. TONS CY ]20 SF SF NOTES: $120.00 $75.00 $50.00 $14.00 $14.00 $3,000.00 $3,000.00 $6.00 $10.00 $30.00 $3,000.00 $1,000.00 $500,00 $75.00 $20.00 $65.00 $7,200.00 $9,000,00 $12,750.00 $14,000.00 $21,000,00 $12,000.00 $12,000.00 $12,000.00 $10,000.00 $15,000.00 I $3,000.00 . $1,000.00 $4,000.00 EXHIBIT "B" 16-47 EXHIBIT A Chula Vista Literacv Team Statement of Work Performance FY 2005-06 Background: The Chula Vista Literacy Team Center (CVL 1), located in the South Branch of the Chula Vista Public Library, provides literacy services to adults and their families and elementary school children. Over 1,500 learners have come to the Literacy Center for help since 1987. Adults come to the Literacy Team Center to improve their reading, writing and communication skills so that they may be better equipped to meet the challenges and responsibilities in their roles as workers, family members and as members of their community. Many of our learners have been educated in our school system but either dropped out or graduated from high school with low literacy skills. Others have been educated in our schools but have limited English writing and language skills and are functionally illiterate. Some adult learners speak English but are not literate in their . native language or in English. The lack of basic literacy skills have prevented many of these learners from retaining or advancing in their jobs, being active in their communities or being involved in their children's schooling. We address these needs by offering small group classes, computer-aided instruction, and 1: 1 tutoring sessions. Learners with small children are automatically emolled in our Families For Literacy program, where they learn about the importance of creating a language-rich home environment and how to cultivate emergent literacy skills in their children, thus breaking the cycle of illiteracy. Families attend special story times designed to promote fun and easy early literacy activities and receive special gift books. Additionally, each month parents are assisted in choosing $10 in new, age-appropriate books to bring home and build their own home libraries. Children in 3rd to 6th grade who are having trouble with reading in school may be emolled in our after school-tutoring program, LEAP Into Reading. Students attend classes at the Literacy Center or Civic Center Library two times each week for eleven weeks. Each one-hour class consists of25 minutes of highly interactive phonics instruction by paid staff followed by small group tutoring with trained volunteers to reinforce the concepts presented in the lesson. Work Plan Adult Services In 2005-06 we will provide literacy services to adults and their families. Our goal is to provide literacy services to 215 adults (145 at the Library Literacy Team Center and an additional 70 at the Laubach Literacy Center). 16-48 CFLT StclWrnenl QlWork ]005-06 Upon enrollment in our program, adult learners meet 1: I with a staff member for a comprehensive assessment of their reading, writing and basic literacy-related life skills. Once the assessment compilation is complete, the Coordinator meets with the student to review the results and set long-term and short-term literacy goals. The learner is encouraged to attend small group classes and use the Computer Learning Lab while waiting to be matched with a volunteer tutor. Literacy Staff are available to work with unmatched students as needed. Parents are encouraged to participate in our Families For Literacy (FFL) program by attending story times, special programs and by choosing FFL gift books each month. Students are post-tested after 100 hours of instruction. After each post-assessment, the Coordinator meets with Tutor/Learner Teams or the adult learner if he or she is not "matched" with a tutor, to discuss progress, review goals and re-evaluate the learner's instructional program. In 2005-06 we will continue to recruit and train volunteer tutors to work I: I with adult learners who are functionally illiterate. Volunteers will complete a tutor-training course (training sessions will be offered throughout the year) followed by "on the job" training and mentoring by the Literacy Coordinator. Our goal is to recruit and train 20 new tutors for our adult program in this fiscal year. All tutors will be provided with additional staff support, instructional materials, tutoring sites and ongoing services. However, our experience has shown that exclusive reliance on volunteer tutors is a limiting factor. In order to provide services to more adults we offer small-group classes in a variety of subjects such as basic phonics and spelling, basic writing skills, book discussion groups and citizenship preparation. We also provide technology-aided instruction in our Computer Learning Lab with the most current educational software, educational video courses (GED, English-as-a-Second Language, and Citizenship) and other audio-based instruction. Children's Services In 2005-06 we will offer two II-week Sessions of LEAP Into Reading at the Literacy Center and the Civic Center Branch Library in this fiscal year. Parents may submit applications for enrollment prior to the beginning of each Session. Applicants are pre- tested to determine reading levels and eligibility for the program. Our goal is to serve 70 children this year. We will continue to recruit and train volunteer tutors to work with small groups of children under the supervision of a paid Instructor (trainings will be offered in Sept. 2005 and January 2006). Our goal is to recruit and train 10 additional tutors during this fiscal year. Use of the CDBG Funds CDBG funds will be used to leverage additional dollars through the California State Library's Matching Funds program. $6,500 in CDBG funds will be pooled with Matching Funds to support a.35 FTE a bilingual Computer Lab Assistant, who will 16-49 eVLT Sldfernenl qlWork .JOOj-06 orient new students to the computer lab, assess their computer literacy skills and recommend appropriate computer programs. She will also assist with pre- and post- testing, work 1:1 with students as needed and monitor their progress. In addition, $1,000 in CDBG funds will be combined with a donation from the Friends of the Library and a grant from the San Diego Council on Literacy to leverage the cost of a .75 FTE Literacy AmeriCorps Member (L * AC) for one year. The L * AC will pre- and post-test students, work 1: 1 with adults, teach small group classes and assist with the after school tutoring program. We have applied for 2005-06 CDBG funds in collaboration with the local affiliate of the Laubach Literacy Council, known as the Chula Vista Literacy Center. This volunteer program trains tutors to teach English to foreign-born adult learners, so that they can function in an English-speaking community. The library has hosted workshops for Laubach tutors and opens the Center's resources to Laubach tutors and learners. We will assist them in promoting and offering English-as-a-second-language tutoring that will serve approximately 70 students. $500 will be used to purchase workbooks and tutoring materials. Students are encouraged to attend classes held at the Community Congregational Church, 276 F Street, Chula Vista, while waiting to be matched with a volunteer tutor. In 2005-06 Total clients estimated to be served: 285 Chula Vista Residents: 200 Low-income clients: 270 16-50 eVLTScafemell( (J/W()rk J(l{)j-06 EXHIBIT B Chula Vista Literacy Team 2005-2006 CDBG Program Budget Total CDBG Program Budget: Professional Services/Contracts Instructional Resources $1,000. 500. Hourly Wages Benefits $6,180. 320. Totals: $8,000. $8 000. NOTE: Draw downs will be conducted on a monthly basis by the City of Chula Vista Finance Department. . 16-51 CVLT Itemized Budget 2005-06 ~ -';:'.-,~~ f....'. O' .. OJ , . I " -.. , c_, fr , ~ I ~~_~~~ I Ms. Angelica Davis Community Development Specialist Community Development Department City of Chula Vista 276 Fourth Avenue, MS C-40l Chula Vista, CA 91910 Dear Ms. Davis: The Sweetwater Education Foundation would like to thank you, the City Council and Mayor for your support of the Compact for Success program. The $5,000.00 in Community Development Block Grant monies will tru1y help educate several needy Chula Vista area students who otherwise might not have the necessary resources to complete a college education. Thank you. Per your request, the following is the Foundation's Statement of Work Performance and Itemized Budget addressing the CDBG filnding: Exhibit A and B Statement of Work Performanee and Itemized Budget Scholarship Award Process During the summer of2005 San Diego State University (SDSU) will conduct an early review of academic records of Sweetwater district seniors who are on target for meeting the Compact For Success requirements for guaranteed 9clm;"sion to SDSU. From among the students identified through this review, and With the assistance of district high school counselors, we will further identifY students who meet the criteria for the City of Chula Vista scholarship: that they are residents ofChula Vista and that they demonstrate financial need outlined in the County of San Diego MSA Median Household Income Limits. From this finalists list we will ask school counselors to nominate cand;cl"tes and the Sweetwater Education Foundation will then select five (5) students to receive $1,000 each. The selection will be completed by February 2006 and the awards will be presented in March or April 2006. 16-52 Sweetwater Union High School District Class of 2006 Total 2006 SEF Budget: Scholarship Funds: Chula Vista CDBO Funds: Personnel Expenses: Other Expenses: $565,800.00 $450,000.00 $5,000.00 $90,000.00 $20,800.00 16-53 Attachment A: Statement of Work Performance: As of 1 June, there has not been any work done regarding the CDBG request to buy a sling lifter for the Veterans Home of California - Chula Vista. Now that approval has been granted, the work will be to simply buy ( from the lowest bidder) one sling lifter for the male veteran residents who are bedridden and living at the Veterans Home. The cost for each sling lifter is $6629.46 and the requested $3500 will be leveraged with other funds to purchase a lifter. A receipt will be delivered later in the year, once the purchase has been made. This purchase is to augment the limited number provided by the state, and will safely transport the veteran from his bed to a wheelchair. Attachment B: Itemized Budget. An itemized budget follows. All board members of the CVVHSF serve without payor compensation. Consequently, there is no overhead, no salaries, wages, benefits, etc. All CDBG funds received have been and will be directed toward "Quality of Life" social services for the betterment of the elderly veteran residents living at the veteran's home. Major sources offunds received during the previous 12 months include: · CVVHSF Annual Golf Tourney fundraiser · VFWPost2111 Veterans Day Walk · Navy Nurse Corps Donations · Chula Vista Cares Donation · Navy Nurse Corps Spouse Club · SBC Grant · County of San Diego . DA V Donation · Other Donations @$5700.00 @$6500.00 @$ 500.00 $ 500.00 $ 2000.00 $5000.00 $10,000.00 $ 2500.00 $5000.00 . · Total $ 37,700.00 These revenues are used to provide a myriad Quality of Life expense issues not provided by the state. This lists include equipment and materials for the Woodworking and Crafts ships, maintenance on a fishing boat, Purchasing "Wanderer" watches to prevent residents with dementia from wandering away, memorial (monthly) services, the annual Christmas party and gifts, electric cart and maintenance (on campus) transportation, computer labs supplies and equipment, Internet services, library costs, to name only the major expenses. 16-54 CDBG revenues are budgeted strictly for the requested expenses. These (for this CDBG request) expenses include the following: · Battery operated height Adjustable Sling Lifter · Extra Large Padded Sling · Local Tax . Freight $5492.80 $ 146.56 $ 437.05 $ 553.05 o ............ $6629.46 · Total As noted earlier, the state employed (and qualified) nurses will handle the mechanical devices. P//~ 16-55 Exhibit A Statement of Work Performance Family Health Centers of San Diego (FHCSD) KidCare Express #3 CDBG: FY 2005-2006 · Provide on-site primary health care services at selected Chula Vista school and co=unity sites utilizing FHCSD's mobile medical units. · Offer follow-up referrals to other health and social service resources as appropriate. · Serve 1,540 unduplicated individuals during grant period; 80% (1,232) to be Chula Vista residents and 89% (1,370) to meet the County of San Diego's low-income guidelines. · Maintain strong collaboration and co=unication with project partners--- Chula Vista Elementary School District and Sharp Chula Vista Hospital. 16-56 Exhibit B Itemized Proiect Budeet Family Health Centers of San Diego (FHCSD) KidCare Express #3 CDBG: FY 2005-2006 Budget Item Chula Vista CDBG FHCSD L VN Charge Nurse $5,000 $40,760 (1.0 FTE) MMU Driver $5,000 $28,280 1.0FTE Family Nurse Practitioner $15,000 $59,880 0.8 FTE Benefits (24.1 %) ----- $31,070 Total CDBG Budget $25,000 $159,990 16-57 Angelica Davis Community Development Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 June 3, 2005 Dear Ms. Davis: Thank you to the Chula Vista City Council for their vote approving $25,000. in CDBG funding to the YMCA Kinship Support Services Program (KSSP). Per your request I am submitting a Statement of Work Performance for our Community Services for Families (CSF) contract as well as one for our First 5 Intergenerational contract. CSF: Provide Kinship Support Services to 142 new families. Provide 2,744. hours of case management services. Provide 33 support groups to kin caregivers. These are offered in both English and Spanish languages. First 5 Intergenerationl Project: This project is designed to enhance the existing services ofKSSP, such as case management and support groups and trainings. The target population is kin caregivers of children from infancy to 5 years. A special emphasis is on enrichment/school readiness activities for this category of children. This project is unique in that it enlists seniors over the age of 55 to serve as mentor volunteers. The seniors provide direct services to the 0 to 5 children and their caregivers. The target goal is to have 10 seniors in the KSSP project. Our emphasis is on recruiting seniors who are bi-Iingual in English and Spanish. While program evaluative measures are mostly qualitative, we do provide the First 5 Commission with the following statistical data: children and families served, senior mentor count, and hours seniors spend with 0 to 5 children. Please get back to me should you need additional information. And, once again, we are grateful to the City Council for their continued support of our Kinship Program. Sincerely, Edna Lyons, MFT Director, YMCA KSSP 16-58 Community Development Block Grant Program FY 2004-05 Funding Application Page 10 Budget Funding Source(s) Please list each budget line item and the source a/the funding. Include all program expenses, personnel costs, and any program income. Attach additional sheets, if necessary. ElUOGETITEM CHULA VISTA OTHER OTHER TOTAL COBG List Other List Other Program Expenses 1. Supplies 25,500 25,500 2. Telephone/Utilities 30,077 30,077 3. Mileage 13,901 13,901 4. ConU Training 16,300 16,300 5. Rent, Printing, Insurance 25,000 77,737 102,737 6. Indirect Support 132,146 132,146 7 Evaluator/ Contractors 86,580 86,580 Personnel: 8. Salary 812,288 812,288 9. Benefits 212,506 212,506 10. 11. 12. 13. . 14. Total Costs 25,000 1,407,035 1,432,035 16-59 " .. " '2; Cl " ",'" c,i;' u <: .!l " .. E 5~ ..u '5,., "".. U'" "" '5 Q '" E .. ig a- n. U} U} :.: Q) ,5 ~ U) .g w 'E () l!! *' > ~ ~ 0:: 'E ci W Q)- ~ U) r- eo - 0 E .. Cl 0 Q) W N ~ 0:: Z Q) 0 :J c :::l U} (J W r- 7 U) '" Z 0 0 ::> .~ 0 () :::l .., U) ... .., '" U) 0 a> '" W ... N '" 0:: l::l N wi I- Cl N U) 1lI >- C", 0 ...J (Jo 0 >0 0 :J: (JC:! '" L:: ~ N ...., .... .0 1-- Cl (J'" ...., .:.i <( W 1-0 W () .., Z (; i!: 0 ~iU 'E 0:: :2 0:: Q) 0 0 >- a.. CliO! 0:: (J I- .. to .. Q. 16-60 Adult Protective Services, Inc. EXHIBIT A A private, non-profit agency providing services to seniors in San Diego County. 2840 Adams Avenue, Suite 103, San Diego California 92116-1404 . (619) 283-5731 Statement of Work Performance The Community Development Block Grant (CDBG) funds will be used to provide disabled elderly Chula Vista residents transportation to and from the South Bay Adult Day Health Care Center. Adult Protective Services, Inc., will furnish the Community Development Department, City of Chula Vista, with quarterly reports, which will include: (a) the total number of persons/households served; (b) the number of personal households receiving each type of service provided; (c) the number of residents of Chula Vista served; (d) the annual gross income by standard categories, adjusted for family size (low, moderate, other); (e) race or ethnicity according to standard categories (Black, Hispanic, Asian/Pacific Islander, Native American, White); (I) number of female - headed households served, and (g) a narrative of contract objectives (in Agreement) comparing current objectives vs. original objectives in the Agreement and provide an explanation when original objectives are not met. The program will serve SO eligible Chula Vista residents at anyone time. However, the reports will be made on the actual number of people served by the CDBG funds. The $10,400.00 will be used to purchase approximately 280 trips per month. The objective of this program is to improve the mental and physical well being of center participants, thereby keeping them as independent as possible, in independent living situations, and out of institutional care. 16-61 ,OVER THIRTY YEARS OF EXCELLENCE BUDGET Funding Source(s) EXHIBIT B Pro ram Ex enses 1. Contract Svcs: MD 2. Rent, Utilities 3. Transportation 4. Nutrition 5. Insurances 6. Su lies Personnel Ex enses: 1.Wa es & Salaries 2.Payroll Taxes 3.Health & Dental Insurances 4. Pension Plan 5.Worker's Compensation Other Ex enses: 1. Training 2. Advertisin 3. Governmental Fees 4.0r anization Dues 5.Miscellaneous TOTAL - ~ - ~ .,~ 342,~.~ 26,~ 56 1l1li 22,5~ 27 ,cn~ 1 ,QQ.. 8, OQ'~ 5$Q~ 3 6ab~q ii,ilj~ 787,2j5~' ~, r~ .. ~ ~ ~ ~, 1,O!!W~ 8 , oOq.~ 5$.Q.'~~ 3, Ob1Y~~i 11, 79'5'~~ 797 ,6j5'~J}i ~ ~ ~1 ~ ._c<, ~~ 10 , 4 bi'Fi'J.8 ~lf?. ~-- - 011"", CHUIA VISTA 16-62 Exhibit A 2005-2006 Chula Vista Community Development Block Grant (Subcontract with YMCA Fmnily Stross Caunloling Sorvim) Amount $ 16,000.00 SCOPE OF WORK The YMCA Family Stress Counseling Services proposes to provide group treatment services, specifically the SAFE (Sexual Abuse Family Education) Paths program for Chula Vista children and members of their families who are dealing with issues pertaining to intrafamilial child sexual molestation. Individual and family counseling services will also be provided for Chula Vista children and members of their families recovering from effects of child physical and emotional abuse and neglect All services are offered in English and Spanish. A minimum of two hundred (200) Chura Vista children and family members will receive services during the contract period. One hundred per cent (100%) of the funds ($16,000.00) will be applied to the salarylbenefits of Bobbie Paul, Ph.D., M.F.T., Director of Clinical Services at YMCA Family Stress Counseling Services. Dr. Paul provides clinical supervision for volunteer graduate psychology and marriage, family and child therapist interns providing individual and family counseling direct services to clients. She also supervises interns co-facilitating (with a licensed therapist) intrafamilial child sexual molestation treatment (SAFE Paths) groups. Additional YMCA Family Stress Counseling Services programs, which serve Chula Vista residents, include CLASP (Children Linked to Adults for Safety and Protection), CHA T-SD (Child Abuse Treatment-San Diego) and KSSP (Kinship Support Services Program) providing services for relatives caring for the children of relatives. Program Budget Personnel Salary Benefits $12,531.00 $3,469.00 $16,000.00 Total Costs 16-63 Community Development Block Grant Program FY 2004-05 Funding Application Page 10 Budget Funding Source(s) Please list each budget line item and the source of the funding. Include all program expenses, personnel costs, and any program income. Attach additional sheets, if necessary. - --- ----- - - -----~--------- -- -- ~---- ---- TOTA:-l BUDGET ITEM CHULA VISTA OTHER OTHER CDBG List Other List Other Program Expenses 1. Supplies 25,500 25,500 2. TelephonelUtilities 30,077 30,077 3. Mileage 13,077 13,901 4. Conf./ Trainino 16,300 16,300 5. Rent, Printing, Insurance 102,737 102,737 6. Indirect Support 132,146 132,146 7 Evaluatorl Contractors 86,580 86,580 Personnel: 8. Salary 12,531 799,757 812,288 9. Benefits 3,469 209,037 212,506 10. 11. 12. 13. 14. Total Costs 16,000 1,416,035 1,432,035 16-64 ,. ~ i-..a R2.<1IOl<W..1"MK FOACr. ON THe.: H01iilASS SAN DIEGO Regional Task Force on the Homeless 4699 Murphy Canyon Rd. San Diego CA 92123.858.636.4159. fax 858.492.2059 Wehsite: www.rtfhsdorg ExhibitA Statement of Work Performance The Community Development Block Grant funds will be used to assist the City of Chula Vista and nonprofit homeless service agencies in assessing and meeting the needs of homeless individuals and families within the city. The Regional Task Force on the Homeless (RTFH) will furnish the Community Development Department of the City of Chula Vista with reports concerning progress and ongoing activities toward the following: . Collecting, storing, retrieving, and disseminating information on the distribution of public funds for homeless programs and services and cash assistance throughout the cOlmty, and preparing an annual edition of this report during the contract period; . Maintaining an up-to-date computerized inventory of homeless emergency shelters, transitional shelters, case management agencies, day services, and other support services, retrievable by city, type of program, and by target population served, and preparing an annual edition of this report during the contract period: . Making annual editions of the "Homeless Services Profile" and "The Distribution of Public Funds for Homeless Services and Cash Assistance in San Diego County" available on the RTFH website at www.rtfhsd.org. Hard copies available upon request. An updated version of the "Regional Homeless Profile" will be made available if there is a significant change in the numbers and conditions of the homeless population and its various sub groups; . Responding to requests for technical assistance from Chula Vista nonprofit community agencies seeking Federal and State grants, and; . Providing regular and ongoing Information & Referral services to South Bay residents. The Regional Task Force on the Homeless is supportive to public and private nonprofit agencies serving the homeless. Since it is not a direct service agency, the Task Force will not be reporting on the statistical data for persons/households in the Quarterly Reports Supported through the County and City of San Diego, the United Way of San Diego County, the San Diego Housing Commission and the cities of CarlS~<gl:...1f~a Vista, Escondida, and Oceanside. 2005-06 City of Chula Vista CDBG Agreement Regional Task Force on the Homeless, Inc. Exhibit B - Itemized Budget Proj ected Expenses: Director's Salary: Total $1.000 $1,000 16-66 Exhibit A THURSDAY'S MEAL Community Development Block Grant SCOPE OF WORK 2005.2006 Amount $6,000 Thursday's Meal's goal is to prepare and serve hot nourishing meals on a weekly basis for needy and homeless families to alleviate hunger and provide proper nutrition for families who would otherwise not be able to obtain it. 1. Prepare and serve meals at Lauderbach School, Most Precious Blood Church, the Church of God, and International Christian Center (once a week at each) to an overall total of 9,000 homeless and needy people over the course of a year. 2. Gather paper goods and foodstuffs and transport to food-serving sites. 3. Inform community about program through Church bulletins and word-of-mouth 16-67 BUDGET Funding Sources(S) .- 1. Sub-contractors 2. Audit and Contracted 3400 2600 o o 3400 2600 o o o S. Tele hone utilities & Rent 1. Salaries 0 2. Benefits & PR Taxes 0 3. 0 4. 0 S. Other Ex enses: 1. 2. 3. 4. 5. Total Costs $ 6000 $ 6000 CDBG Bgts TM..I. 16-68 EXHIBIT A STATEMENT OF WORK PERFORMANCE CONTRACT TERM: July 1,2005 through June 30, 2006 ADDRESS OF AGENCY: Meals-on-Wheels Greater San Diego, Inc. 2254 San Diego Ave., Suite 200 San Diego, CA 92110-2944 Program Site: South County Regional Service Center 270 F Street, Suite 22 Chula Vista, CA 91910 CONTACT PERSON: Amy Weeks, Development Manager PHONE: 619-260-6110 FAX: 619-260-6373 PROJECT GOALS, OBJECTIVES AND PERFORMANCE MEASURES: Subrecipient agrees to provide the following services to the City of Chula Vista: Meals-on-Whee1s will subsidize 7,818 meals for seniors, age 60 and older, residing in the City of Chu1a Vista. 16-69 BUDGET FY 2005-06 Meals-an-Wheels Greater San Diego, Inc. Pro ram Ex enses 1. Meals: at a subsidy of $3.25 per day x 2 meals per da =7818 meals 2. 3. 4. 5. 6. Personnel Ex enses: 1. 2. 3. 4. 5. Other Ex enses: 1. 2. 3. 4. 5. TOTAL 16-70 '" 0 0 0 ... ... ... <> < a, <> <> ... -g N .,.., >- ..c "0 ... 02 ..... E5 '" " u '" .,., bll 0 C 0 0 o~ 0 "0 ., 0 0 0 S u ~ ... ... ... 0: u <> C .0 "- <C "" OEll 8 <> :Ii .... c 0 <> 0 '" ,.., N ~ >- ... z u ~ :> ~ i:i w it: ...J 1IJ ::> w 0 0 0 Q Cl ~ .... ... ... ... w <C 'i' :s " ,:.; z .. <C <> ~ u z :Ii <> "' W N >- ::0 >- >- ~ t!l ...J ~ U ... i- ...J W 0 0 <C <C .., CIl g: ;:: "- 0 " :;: ~ w " -S Cl "- c < ~ ;S ...J 0 0 0 ::l ~ .. ... ... 0 oi <> 0 ~ :t: "' ".; c g c.J ~ <> ... 09 <> Q ~ U- N " 0 ::> >- ~ ~ ~ 0 ... " '6 ~ g;: .S ~ "0 C3 .~ 0;;; ~ 0 11 -S .,.J 00 i N bll ~ ~ .., 0;;; '" ~ a -0 .,., 0 oEj it .,. 0 0 N .~ ~ >- "' " ~ "0 ... Z '" 0 0 0 0 ~ u 08 ~ 0 ;; Co c 'i' ... ... ... ... 0 0 ;:: ... bll bll C .~ ...J <C <> c c 0 Z <C i2 <> 0;;; 0;;; "H u >- N ~ "- '" "-::> ~ 0 c. U '6 0 0 ~ >- 0" ~ " e 0 " .... ~ :;;: "" ;; 0 0 8:>- " w c C c z ;; <C bll <ll bll C 0;;; 0;;; bll ~ <;; a ~ u " "'" c "E -s ~ ~ 0 0 0 ~ u i1 ".; " ... ... 0 "0 " ~ >- 0 " a " " U ...J ".; Co u "0 .0 C " W ;!: ... " c " 0.. " .., :;; " ~ " "0 0 0 '6 00 :;; o~ " >- 0 oi N "- ~ 0 '6 u .., .... ;; ... 0 B >- -< 0 0 c C bll C 0 0;;; 0 d .~ " ~ bll ;; i.:i ] :;; 0;;; 8 <ii '6 :s " 02 " ~ ~ ..i! ~ 0 ~ <C w .s .s c u z rij os; " - " :3 w 0:: c ::> ,:.; "- !;;: ,; ,g 0 :Z u c 0" :5 "' :Z c:; w ~ :Ii w 03 ~ 0 0 ... z ;:: 8" tl z ;:: ~ z ... '" ::; w "' c <C c 2 U ..J <ii "- 6 ::> w 02 '" 1;; en U ::> <ii .... Iii ::0 c "C 0" C ....I Z ~ ~ i2 u: Cl w z .... '" :;; g <C ::> ~ ..J '::0 ., a: " 0 CD ~ P u ;:: w !;;: ~ !:: 10 0 ....I 0 '-' ~ ~ ~ ., " '" <> 0 0 0 - ... ... ... a. <> <> N ~ Traffic Engineering Cost Estimate PROJECT NAME Audible Pedestrian Signal Installation (Chirping Pedestrian Crossing) Project Number: DATE: PREPARED BY: CHECKED BY: APPROVED BY: TF-New June 8, 2005 Marl Malong LombardoD. Samir Nuhaily NO ITEM QTY. UNIT ENGINEER'S ESTIMATE UNIT COST TOTAL - - 1 Furnish and Install Audible Pedestrian Equipment at 40 Each $ 500.00 $ 20,000.00 five CDBG eligible locations 2 Wiring of Audible Pedestrian System at each 5 Each $ 300.00 $ 1,500.00 Intersection 3 Protection, Restoration, Removal and Disposal of 5 Each $ 100.00 $ 500.00 Existing Conditions at Each Location 4 Traffic Control at Each Location 5 Each $ 100.00 $ 500.00 Subtotal $ 22,500.00 Construction Contingencies (approx. 11 %) $ 2,500.00 TOTAL-CDBG $ 25,000.00 5 Furnish and Install Audible Pedestrian Equipment at 56 Each $ 500.00 $ 28,000.00 seven other locations 6 Wiring of Audible Pedestrian System at each 7 Each $ 300.00 $ 2,100.00 Intersection 7 Protection, Restoration, Removal and Disposal of 7 Each $ 100.00 $ 700.00 Existing Conditions at Each Location 8 Traffic Control at Each Location 7 Each $ 100.00 $ 700.00 Subtotal $ 31,500.00 Construction Contingencies (approx.20%) $ 6,300.00 Construction Inspection $ 7,200.00 TOTAL-SIGNAL $ 45,000.00. Design $ 5,000.00 TOTAL $ 75,000.00 CDBG Funds $ 25,000.00, Traffic Signal Funds $ 50,000.00 Total CIP Appropriation for the Project $ 75,000.00 16-72 EXHIBIT A STATEMENT OF WORK PERFORMANCE CONTRACT TERM: July 1, 2005 through June 30, 2006 ADDRESS OF AGENCY: ELDER LAW & ADVOCACY 3675 Ruffin Road, Suite 315 San Diego, CA 92123-1870 CONTACT PERSON: Carolyn L. Reilly PHONE: (858) 565-1392 ext. 204 (858) 565-1394 FAX: PROJECT GOALS. OBJECTIVES AND PERFORMANCE MEASURES: Subrecipient agrees to provide the following services to the City of Chula Vista: Elder Law & Advocacy will provide no-fee legal services to seniors age 60 and older. The attorney will be available to assist seniors at the Norman Park Senior Center and at other locations in the South Bay area: 41.39 hours of attorney time per month. CDBG 05-06 Statement of Work 16-73 Elder Law & Advocacy Chula Vista Block Grant Budget For Fiscal Year July 1, 2005 to June 30, 2006 Revenue: Chula. Vista Block Grant Expenditures: Attorney Salary, 41.39 Hrs Per Month X $20.05 Hr. Benefits @ 20.5% of Salary Total Expenditures Excess of Revenue Over Expenditures Summary of Benefits: Payroll Taxes Employee SEP IRA Retirement Plan Health Insurance Workers Compensation Total Percent 16-74 Dollar Amounts 9,959 2,041 Percent Amount 10.50 1,045 5.00 498 2.85 284 2.15 214 20.50 2,041 12,000 12,000 o Exhibit A SPECIFICATIONS/SCOPE OF SERVICES For LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA Contractor's obligations under this contract are as follows: Summary Project Description Contractor will use the funds under this agreement to continue carrying out the .SHARED HOUSING PROGRAM." The .SHARED HOUSING PROGRAM" is part of the South Bay Senior Collaborative, a cooperative partnership whose mission it is to provide elderly and disabled Chula Vista residents with the support and services they need to remain independent in their own homes. The "SHARED HOUSING PROGRAM" is a low-cost housing option for people interested in sharing their home or for those seeking a home at reduced cost. This program: . Provides low-cost housing options for seniors, disabled and others who are seeking a housing altemative . Assists in meeting the varied needs of clients through the provision of a companion and a structure of support . Provides security and lessens the fear of living alone . Allows the community to maximize the use of existing housing space. . Reduces the number of persons who are living in substandard conditions . Enables seniors and disabled persons to remain safely and independently in their own homes for as long as possible A Service Exchange Agreement can be made between the home provider and home seeker which allows for services such as homeJyard care, grocery Shopping or meal preparation in lieu of rent or to reduce the amount of rent charged.. The goal for the fiscal year 2005-2006 (FY05-06) under this agreement is to provide 20 shared housing matches with 80 total assessments, and 60% of the matches will last for 6 months or more. 16-75 Exhibit A Shared Housing FY 05-06 Page two Work Description The "SHARED HOUSING PROGRAM" matches homeowners with those seeking a home to share. Clients may be but are not limited to: low income, senior (age 62+) or disabled adult. 100% are residents of the City of Chula Vista. When the "SHARED HOUSING PROGRAM" encounters needs that cannot be met within the scope of the program, referrals are made to the appropriate city, county, state or other service agency. Reporting Requirements Within thirty days after the end of each quarter, contractor shall submit a performance report for the previOUS quarter, which shall include the following information: 1. Total number of shared housing matches made 2. Address of homeowner 3. Number of persons in the household 4. Brief description of type of match (rental or services exchange) 5. Income verification for each client 6. Demographic data including: a. Number of senior clients b. Number of disabled clients c. Number of homeowners d. Number of homeless e. Race and/or ethnic data as required by HUD f. Number of female heads of households 7. Narrative describing goals met, program accomplishments, activities undertaken to promote the program, obstacles to program success (problems or concerns), and anticipated outcomes for the next quarter. Any other information required by the City of Chula Vista not described above will be included in the performance report when contractor is notified of the need for additional information. 16-76 EXHIBIT B BUDGET SHARED HOUSING PROGRAM PROGRAM EXPENSES 1 . Program expenses/supplies 2. Office expenses 3. Posta e 4. Advertising and printin 5. Utilities and telephone 6. Meetings and conferences 7. Mileage/travel 8. Donor/volunteer recognition 9. Maintenance 10. Rent PERSONNEL EXPENSES 1. Sala 2. Benefits 3. Voiunteer labor 4. Administration fee $25 $75 $25 $50 $450 $50 $50 $50 $75 $75 $425 $50 $300 $2,350 $250 $150 $150 $225 .......................$.7. ..2. .0.0. .. ............ -. :::::::::::::::::::::::...-:i.......: $100 $500 $75 $350 $2,800 $300 $200 $200 $300 $7,200 $5,000 $650 $16,500 $2,850 ..............~2,6(jO. $8,000 $21,500 $3,500 $2,500 $8,000 ......... .. ....... TOTALS: $6.500 $41.025 $47.525 .................................................. i.N. ..~.K.....l. ill.... D... ..:......... ..............$.9700. ........'............, ,', -~ ,', ,', ," 16-77 Chula Vista Police Activities League 315 Fourth Avenue Chula Vista, Callfomla 91910 (619) 691-5124 "The future of our community rests with the youth of today." June 20,2005 Angelica Davis, Community Development Specialist 276 Fourth Avenue Chula Vista, CA 91910 RE: Fiscal year 2005 - 2006 Grant Funding Statement of Work Performance: Southwestern College Scholarship - offered to Chula Vista students from selected schools in the Chula Vista district to attend Southwestern College on a two year M scholarship. These scholarships are offered to students who might not have a chance to go to school due to low income. Selected one student this year, have six others from the previous years. PAL Toy and Food Drive - toys are purchased for 800 to 1000 children in low-income families. Names are selected by the Chula Vista Elementary School nurses, reviewed by the Chula Vista Welfare Council for low-income families. Boxing program at the Community Youth Athletic Center - provide uniforms for 10 Chula Vista juveniles. CYAC is a nonprofit community center, which uses boxing as a tool to help at risk inner-city youth from Chula Vista. Academic upkeep of homework is required from the students and a commuter lab is provided. Golf program - work with youth from low-income families to "teach them the game of golf at a local golf range. Provide equipment for the juveniles. 16-78 Chula Vista Police Activities League 315 Fourth Avenue Chula Vista, California 91910 (619) 691-5124 "The future of our community rests with the youth of today," June 20, 2005 Angelica Davis, Community Development Specialist 276 Fourth Avenue Chula Vista, CA 91910 RE: Fiscal year 2005 - 2006 Grant Funding Itemized Budget: (estimation for the upcoming year): Southwestern College: $4,500 per student @ 6 students PAL Toy Drive: $4,000 for toys Boxing Program: $300 for 10 youth Golf Program: $100 for supplies for youth 16-79 Exhibit A SPECIFICATIONS/SCOPE OF SERVICES For LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA Contractor's obligations under this contract are as follows: Summary Project Description Contractor will use the funds under this agreement to continue carrying out the .PROJECT HAND PROGRAM". The .PROJECT HAND PROGRAM" provides food and other emergency assistance services to clients. Addressing these needs assists clients in the process of moving from poverty toward self-sufficiency. Clients are individuals or families experiencing an emergency with an immediate need. They may be homeless, unemployed, out of jail or rehab, without health insurance or needing emergency assistance for other reasons. The .PROJECT HAND PROGRAM" staff assess an individual's or family's needs and provides resources to meet those needs. Trained volunteers and paid senior employment program staff assist the Lutheran Social Services staff with food pickup, storage and delivery and staffing the offices in Chula Vista and Lemon Grove. The goal for the fiscal year 2005-2006 (FY05-06) is to provide services to 1800 clients under this agreement. Work Description The .PROJECT HAND PROGRAM" provides emergency assistance services which include: 1. Food, including canned, frozen and fresh produce 2. Transportation vouchers and bus tokens for clients seeking employment 3. Clothing vouchers for clients seeking employment 4. Prescription vouchers. Clients are: 100% low income and 75% residents of the City of Chula Vista. When the .PROJECT HAND PROGRAM" encounters needs that cannot be met within the scope of the program, referrals are made to the appropriate city, COURty, state or other service agency. 16-80 Exhibit A Project Hand FY 05-06 Page two Reporting Requirements Within thirty days after the end of each quarter, contractor shall submit a performance report for the previous quarter, which shall include the following information: 1. Total number of individual clients and/or families served 2. Address of each c1ientlfamily served if available and living arrangements in the household 3. Brief description of services performed for each clientJfamily 4. Income verification for each client 5. Demographic data including: a. Number of homeless b. Race and/or ethnic data as required by HUD c. Number of female heads of households 6. Narrative describing goals met, program accomplishments, activities undertaken to promote the program, obstacles to program success (problems or concerns), and anticipated outcomes for the next quarter. Any other information required by the City of Chula Vista not described above will be included in the performance report when contractor is notified of the need for additional information. 1 6-81 EXHIBIT B BUDGET PROJECT HAND PROGRAM PROGRAM EXPENSES 1. Pro ram expenses/supplies $110.00 $390.00 $500.00 2. Office ex enses $330.00 $1.170.00 $1.500.00 3. Posta e $24.42 $86.58 $111.00 4. Advertisin and printing $21.42 $78.58 $100.00 5. Utilities and tele hone $491 .48 $2.008.52 $2.500.00 6. Meetings and conferences $11.00 $39.00 $50.00 7. Milea e/travel $330.00 $1.170.00 $1.500.00 8. Donor/volunteer reco nition $22.00 $78.00 $100.00 9. Maintenance $225.72 $874.28 $1.100.00 PERSONNEL EXPENSES 1. Salary $4.695.02 $17.304.98 $22.000.00 2. Beneflts $1.338.94 $3.961.06 $5.300.00 3. Administration fee (-20%) $400.00 $5.432.20 $5.832.20 Sum: $8.000.00 TOTAL $8,000.00 $32.593.20 $40.593.20 Incl. $32.552 United Way Does not include in-kind donations from church. restaurants. FEMA. etc.. such as rent and food. 16-82 Exhibit A SPECIFICATIONS/SCOPE OF SERVICES For LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA Contractor's obligations under this contract are as follows: Summary Project Description. Contractor will use the funds under this agreement to continue carrying out the .CARING NEIGHBORS PROGRAM". The "CARING NEIGHBORS PROGRAM" provides minor home repair services and assistance, yard work, and transportation to low income seniors and/or adults with disabilities throughout the city. The minor home repairs and yard work address safety and health-related needs. Transportation services also promote clients' health and safety. Addressing these needs enables the beneficiaries to remain living independently in their . own homes and improves their quality of life. Screened volunteers donate all labor, except in cases where it is necessary to hire skilled professionals. In this way, the program can provide its services to more clients, in a cost- effective manner, enhancing both the public funds and private donations. The goal for the fiscal year 2005-2006 (FY05-06) is to provide services to 400 clients under this agreement. At least 65% will be first time clients. Of these 400 clients, 100 will receive minor home repairs and 300 witr receive transportation services. Work Description The "CARING NEIGHBORS PROGRAM" provides limited minor home repairs, yard work and transportation free of charge to the target population. Services include: 1. Installation of grab bars, security doors and lights, smoke detectors, wheelchair ramps, stairway railings, locks, fuses and house numbers. 2. Repair of fences, gates, screens, windows, doors, stairways, faucets, toilets, drains and permanent fixtures. 3. Removal of tall grass, weeds, brush and debris. Tree limbs are removed in instances where a structure is threatened or there is a fire or safety concern. 4. Transportation to medical appointments, 'grocery shopping, banking and other health and safety-related purposes, Clients are: 100% low income; age 62+ or disabled adults; 90% owner-occupied homes; 100% residents of the City of Chula Vista. 16-83 Exhibit A Caring Neighbors When the .CARING NEIGHBORS PROGRAM" encounters needs that cannot be met within the scope of the program, referrals are made to the appropriate city, county, state or other service agency. Reporting Requirements Within thirty days after the end of each quarter, contractor shall submit a performance report for the previous quarter, which shall include the following information: 1. Total number of clients served 2. Address of each client served 3. Brief description of services performed for each client 4. Income verification for each client 5. Demographic data including: a. Number of senior clients b. Number of disabled clients c. Number of homeowners d. Race and/or ethnic data as required by HUD e. Number of female heads of households 6. Narrative describing goals met, program accomplishments, activities undertaken to promote the program, obstacles to program success (problems or concerns), and anticipated outcomes for the next quarter. Any other information required by the City of Chula Vista not described above will be included in the performance report when contractor is notified of the need for additional information. 16-84 EXHIBIT B BUDGET CARING NEIGHBORS PROGRAM PROGRAM EXPENSES 1. Program expenses/supplies 2. Office expenses 3. Postage 4. Advertising and printing 5. Utilities and telephone 6. Meetings and conferences 7. Mileage/travel 8. Donorlvolunteer recognition 9. Maintenance 10. Rent PERSONNEL EXPENSES 1. Salary 2. Benefits 3. Volunteer labor 4. Administration fee $6.000 $200 $50 $100 $800 $130 $100 $120 $250 $6,000 $300 $50 $250 $2.000 $200 $150 $120 $1,000 .....................................$7<~8~. $12,000 $500 $100 $350 $2,800 $330 $250 $240 $1,250 $7,200 $9.750 $1.500 $1.800 $650 .......................... ...............................>...$~56d.. $12,400 $11,550 $2,150 $2,500 $12,400 TOTALS: $19,000 $34,620 $53.620 CHULA VISTA TOTAL $19,000 .ji-i-~IFi&~i:iha~dh~ 16-85 1 48,300.00 38,640.00 24,150.00 14.490.00 2 55.200.00 44,160.00 27,600.00 16,560.00 3 31.050.00 24,840.00 15,525.00 19,315.00 4 69,000.00 55,200.00 34,500.00 20.700.00 5 74,500.00 59,600.00 37,250.00 22,350.00 6 79,500.00 63.600.00 39,750.00 23,850.00 7 84,900.00 67,920.00 42.450.00 25.470.00 8 90.400.00 72,320.00 45,200.00 27,120.00 Exhibit "e" 16-86 CITY OF CHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following formation must be disclosed. 1. List the names of all persons having a financial interest in the contract, i.e. contractor, subcontractor, material supplier. 2. If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 3. If any person identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. ith any e past the City ve months? IfY 5. Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or in the preceding election period? liii!IYes liii!INo. If yes, state which Councilmember{s): "Person" is defined as: "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city, and country, municipality, district or other political subdivision, orany other group or combination acting as a unit". Date: Signature of Contractor/Applicant Print name of Contractor/Applicant 16-87 Exhibit "0" DRAFT COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AGREEMENTS FOR FISCAL YEAR 2005-06 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS WHEREAS, the City participates in the Community Development Block Grant and HOME Investment Partnership (HOME) programs, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City Council of the City of Chula Vista held a Public Hearing on April 5, 2005 to review and receive public comment on the draft Consolidated Annual Plan for fiscal year 2005-06; and WHEREAS, on May 10, 2005 the City Council of the City of Chula Vista approved the CDBG and HOME program budgets for fiscal year 2005-06; and WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the sub-grantees; and WHEREAS, the sub-grantees warrant and represent that they are experienced and staffed in a manner such that they can prepare and deliver the services required by the Grantor within the timeframe herein provided all in accordance with the terms and conditions of this Agreement; and WHEREAS, in the event that HUD should withdraw the City's CDBG and HOME funding, the City is not obligated to compensate the sub-grantees for program expenditures. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the CDBG Funding Agreements for those Agencies and activities and authorize the Mayor of the City of Chula Vista to execute said agreements for the purpose and amount stated on behalf of the City of Chula Vista. Presented by Approved as to form by Laurie A. Madigan Director of Community Development ~ity Attor, /~-?? PAGE 1, ITEM NO.: MEETING DATE: ) /1 07/12/05 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION OF THE CITY COUNCIL APPROVING THE FY 2005 - 2006 CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISITORS BUREAU PROMOTIONAL SERVICES, AND VISITOR AND TRANSIT INFORMATION SERVICES. SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR 'tt' (,;r- REVIEWED BY: CITY MANAGE 4/5THS VOTE: YES D NO 0 BACKGROUND In 1994, in conjunction with consideration of the scheduled rate increase in the Transient Occupancy Tax (TOT), Council received a request from the Chamber of Commerce and Chula Vista Motel Association to create a Convention and Visitors Bureau. Similar bureaus serve North County, Carlsbad, East County, and the San Diego metropolitan area. Since 1995, the City has contracted annually with the Chula Vista Chamber of Commerce (Chamber), to provide Convention and Visitors Bureau services. According to Council Policy #230-01, the Council considers a budget and related contract with the Chamber for the provision of Chula Vista Convention and Visitors Bureau Promotion Services, and Visitor and Transit Information Services at the Chula Vista Visitor Information Center and Chamber of Commerce Main Office. RECOMMENDATION That Council adopt the resolution approving the FY 2005 - 2006 contract between the City of Chula Vista and the Chula Vista Chamber of Commerce for the provision of Chula Vista Convention and Visitors Bureau Promotion Services, and Visitor and Transit Information Services at the Chula Vista Visitor Information Center and Chamber of Commerce Main Office. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. 17-1 PAGE 2, ITEM NO.: /1 MEETING DATE: 07/12/05 DISCUSSION Backaround Council adopted a Cauncil policy (#230-01, see Attachment "A") ta support a Chula Vista Convention and Visitors Bureau (CVConvis) at its March 21, 1995 meeting. Convention and Visitors bureaus typically conduct advertising campaigns, produce brochures, attend trade shows, and operate tourist-oriented facilities to promote the City. The focus of the Chula Vista bureau, as established in 1995, is to promote Chula Vista destinations, including the U.S. Olympic Training Center, entertainment venues, golf, Yacht Harbor, local motels, restaurants, shopping, and special events such as Celebrate Chula Vista and Taste of the Arts. CVConvis also promotes Chula Vista during major conventions and events in the region, which in the past has included the Super Bowl and World Series. Also, at the March 21, 1995 meeting, Council approved increasing the TOT rate from 8% to 10% and approved a draft budget for CVConvis. The funds to operate CVConvis were included in the approved City budget for fiscal year 1995-96, subject to negotiation of a contract with the Chamber. The last contract was approved by Council in 2002, and has subsequently been extended, via contract amendments, through FY05. On a related subject, the City has had a contract with the Chamber since 1994, for operation of the Visitor Center at the Bayfront/E Street Trolley Station and the provision of general visitor and transit information at both that location and the Chamber's main office'. Since opening in 1986, the Visitor Center has had four commercial operators, none of whom were able to operate the center at a profit. In late 1994, after considering four proposals to run the Visitor Information Center, the Council approved a contract with the Chamber, which has been extended annually, via contract amendments, through FY05. Since its opening in 1986, the City has paid the costs of utilities, exterior maintenance, building repairs, major improvements and landscaping. The Center serves a daily average of more than 200 people who request visitor and transit information. The major focus of the Visitor Center is to provide mass transit information and ticket sales to trolley and bus riders, promote visitor-serving attractions and businesses in the City, and to provide accurate information to visitors concerning Chula Vista and the San Diego region including Tijuana and Baja California, Mexico. With the limited retail opportunities at the Visitor Center plus the main focus on providing service to the tourist and transit riders, an annual subsidy for the operation is required. Part of the Strategic Plan (see Attachment B) developed by the Chamber for CVConvis and the Visitor Center is to identify other revenue opportunities, as well as other goals and objectives for the Center. 1 The Bayfront/E Street Trolley Station is jointly owned and operated by the City of Chula Vista and the Metropolitan Transit System (MTS). The site includes the Visitor Center, which has been administered by the City under a separate agreement. 17-2 PAGE 3, ITEM NO.: (7 MEETING DATE: 07/12/05 Terms The terms of this one-year contrad is similar to the terms in the previous contrad with the Chamber for CVConvis services, and Visitor and Transit Information Services. The Chamber will provide the following services: . Promote and market the City and the City's visitor destinations, meeting facilities, tourism, and related businesses (see Operating Rules, Attachment C) . Respond to inquiries about transit; pravide transit information about trolley and bus schedules, routes, prices and stops; and sell transit passes . Provide information about Chula Vista (e.g. major hotels/motels, restaurants, shopping), San Diego County visitor attractions, Southern California, and Northern Baja, Mexico . Provide general information about the City, including City maps and brochures . Operate the Visitor Center between 8:00 a.m. - 4:30 p.m. on weekdays and 8:30 a.m. - 4:00 p.m. on weekends and holidays Fundinq The Council approved FY 2005-06 City budget includes $193,014.00 in funding dedicated to the Chamber for Chula Vista Convention and Visitor Bureau adivities, Visitor Center operations and to provide Chamber Information Services at the main office. Included in the annual figure is the $13,376 that the City pays the Chamber for general information services. Visitor Center Maintenance - City In addition to the CVConvis and Visitor Center budget allocation per the proposed contrad, the City also funds the maintenance of the Visitor Center. These maintenance casts are included in the Chula Vista Transifs FY 2005-06 budget for the Bayfront/E Street Trolley Station and are the City's responsibilities. Staff and the Chamber are committed to maintaining and operating a safe and responsive Visitor Center. The image of the City is very important and the Chamber is committed through this contrad to promote a positive, friendly and responsive image as desired by the City. FISCAL IMPACT This action will result in no net impact to the General Fund. Sufficient funds in the amount of $193,014.00 have been identified in the Community Development Department and Chula Vista T ransit/MTS Budget for fiscal year 2005-06 (Approved and Adopted June 21, 2005) for costs associated with the scope of work. Sufficient funds in the amount of $148,014.00 are allocated in Community Development Department's budget, and $45,000.00 in the Bayfront/E Street Trolley Station (CV Transit/MTS) 17-3 PAGE 4, ITEM NO.: MEETING DATE: 17 07/12/05 budget to fund the Contract with the Chamber. The contract will provide Convention and Visitors Bureau Promotional Services and Visitor and Transit Information Services for FY 2005-06. AnACHMENTS Attachment A - Council Policy #230-01 Attachment B - CONVIS Strategic Plan Attachment C - Operating Rules J:\COMMDEY\STAFF.REP\2005\07 -12-05\CONVIS Staff Report.doc 17-4 ATTACHMENT A' COUNCIL POLlCY CITY OF CHULA VISTA SUBJECI': SUPPORT FOR A 0UJ1.A VISTA VISITORS AND CONVENTION BUREAU, SUBJEcr TO ANNUAL APPROVAL OF A BUDGET AND RELATED COl'ITRAcr POLICY NUMBER 230-01 EFFECTIVE DATE 07-01-95 PAGE 1 OF 2 ADOPTED BY: Resolution No. 17843 I DATED: 03-21-95 BACKGROUND Partic:u\arly given the imminmt opening of the Olympic Training Center in OluIa VISta, the City desires to promote tourism and the Cir,.s visitor-oriented attractions and facilities. V'tsitor promotion and funding has also been discussed in the context of considering whether to abate the Transient Occupancy Tax (T.O.To) on April 1, 1995 from 10% to an amount not less than 8%. PURPOSE Tbe purpose of this policy is to provide guidelines for the amount and use of Visitors acd Convention PrOll1otion Funds. POLICY 1. During the annual burlget process, the City Couucil will consider the adoption of a CbuIa Vista Visitors and Convention Promotion Budget for the following fiscal year. It shall be the policy of the City that the VISitOrs and Convention Promotion Budget should be funded from General Fund sources other than the T.O.T., in an amount addressed in paragraphs 2 and 3 below. In implemeeting this policy. the T.O.T. revenues collected may be a measure of the amount of the appropriation, but not the source of funds used for the appropriation. 2. It is the policy of the City Council to direct staff to prepare a proposed PV 1995.96 Visitors and Convention Promotion Budget. for Council's consideration during its PV 95-96 budget deliberatiOlls, in an amount of $150,000. 3. For FY 19915-97 and the three consecutive fiscal years thereafter, it shall be the policy of the City Council to direct staff to prepare proposed Visitors and Convention Promotion Budgets, for Council's consideration in its annual budget deliberations, in amounts measured by the amount ofT.O.T. revenue collected in the most recent I-year period for which data is thee available (typically April. through March) based on the following guidelines: If the annual T.O.T. revenue is $1.5 million or less, the proposed Visiton and Convention Promotion Budget would be an amount equivalent to 10% of the T.O.T. revenue collected. If the annual ToO.To revenue is more thac $1.5 million and less than $2.5 million. the proposed V'lSitors and Convention Promotion Budget would be $150,000 plus an amount equivalent to 5% of the T.O.To revenue in elCCl!SS of $1.5 million. This guideline would thus result in a maximum proposed annual Visitors and Convention Promotion Budget of $200,000. 17-5 COUNCIL POLICY CITY OF CHULA VISTA iUBJECT: SUPPORT FOR A anJLA VISTA VISITORS AND CONVENl10N BUREAU, SUBJECT TO ANNUAL APPROVAL OF A BUDGET AND RELATED CONTRACT POLICY NUMBER EFFECTIVE DATE PAGE 20F2 ~OPI'ED BY: Resolution No. 17843 230-01 07-01-95 I DATED: 03-21.95 - If the annual T.O. T. revenue exceeds $2.5 million, the proposed VJSiton and Convention Promotion Budget would be $200,000. The City would then review this Council Policy, including discussing it with the Clamber of Commerce and the Cbula VISta Motel Association, to determine whether the policy should be revised to provide any additional guidelines for proposed VISitors and Convention Promotion funding beyond the $200,000 maximum proposed annual amount provided in this poli"}'. '. The Chula Vista Chamber of Commer"e and the Chula Vista Motel Association are forming a Chula Vista VISitors and Convention Bureau, and representatives of those agencies and the City will be involved in formulating.. proposed VJSitors and Convention Promotion Budget to be c:onsidered by the City Council eam fis"al year. It is anticipated that some projec:ts included in the VISitors and Convention Promotion Budget will "ontinue to be administered by the City or be for services for whim the City has previously "ontraaed with the Chamber of Commerce. It is also anticipated that a significant portion (probably the majority) of the Visitors and Convention Promotion Budget will be for specified services {or whim the City will exec:ute an annual one-year "onttact with the Chamber of Commerce. on behalf of the VISitors and Convention Bureau. The Chamber will provide quarterly reports to the City to be specified in the annual conttaa, including appropriate a""oUilting data. This policy shall be set for review approximately five years after its adoption date. That review should include, but not be limited to, the appropriateness of """tinuingto establish VISitors and Convention Promotion budgets in relationship to the amount of T.O.T. revenue c:olleaed, the guidelines for sum relationships, and the appropriateness o{ the Chamber of Commerce continuing to aa as the contraaing arm of the Visitors and Convention Bureau compared to other organizational arrangements sum as the establishment of a stand.alone VISitors and Convention Bureau. 17-6 ATTACHMENT B Chula Vista Convention & Visitors Bureau Stratel!ic Plan Mission: The Chula Vista Convention & Visitors Bureau focuses on developing Chula Vista as a destination city by generating and promoting tourism, while expanding and attracting visitors to our community. Vision: It is our vision to create a Visitor Center office that represents and International Visitor Information Center using the latest in technology and an interactive environment, to welcome and assist guests from allover the world. Goal: Partner with The City ofChula Vista to create a visitor center in a central, visible, high traffic, street level, accessible location in the City of Chula Vista. Provide a site for public outreach for the community of Chula Vista and our visitors. Create an atmosphere which promotes our city as a great place to live, work and play...Catch the Spirit! We want visitors to: . Select Chula Vista & San Diego County as a destination; . Feel welcomed, informed and educated so they take full advantage ofChula Vista attractions, accommodations, dining and shopping, as well as current scheduled entertainment, activities and events; . Treat the Visitor Information Center (VIe) as an attraction- the window to the rest of their stay- a destination in itself . Maintain or lengthen the duration of their stay; . Say "WOW!" & consequently promote the City ofChula Vista through positive word-of-mouth; . Return to Chula Vista and its attractions often. Objectives: I. The ultimate objective is to ensure that the Chula Vista Visitor Information Center (VIe) and Chula Vista Convention & Visitors Bureau (CONVIS) supports and promote Chula Vista's sales and marketing efforts by responding to visitor inquiries in a professional, friendly, accurate and timely manner. The VIC and CONVIS will render valuable information services to visitors from around the world and project a positive image while representing the City of Chula Vista, San Diego County & Port of San Diego. 2. To maximize attendance at all of the attractions, accommodations and activities in Chula Vista and San Diego County by providing pertinent information via the latest in multi-media technology as well as through La Jolla & San Diego Official Visitor Guides, brochures, maps and promotional materials for guests visiting the Chula Vista VIC and Chula Vista CONVIS. 3. That the VIC becomes the primary resource for Chula Vista in order to assist and support local attractions, concierges, etc. 4. To maximize revenue generation through retail sales, attraction and tour ticket sales, restaurant reservations and sponsorship opportunities; and optional services such as access to the Internet and e-mail, phone card vending machine, travel books, visitor sundries and souvenirs. 5. To further support a team of volunteers by continuing to develop a formal volunteer program that includes recruitment, training, scheduling and motivating community volunteers to assist with information dissemination in a friendly and unbiased manner and in a variety offoreign languages. 6. Collaborate with the City ofChula Vista, the Chula Vista Chamber of Commerce and CONVIS for multimedia coverage to further market the City of Chula Vista, i.e. press, radio, television, magazines and promotional material. I 17-7 Chula Vista CONVIS Strategic Plan In order to successfully achieve tbe Vision, Goals and Objectives listed above, tbere are three categories which must be addressed. 1. Internal space needs 2. External location needs 3. Resources 1. INTERNAL SPACE NEEDS: walk-in center 1200 sq. ft Public Space: . Reception area . Signage in several languages and for people with various disabilities . Counter space . Professionally designed information and interpretive displays for the City of Chula Vista, San Diego County, Port. . Pleasing graphics that depict the City of Chula Vista and San Diego County . Interactive displays, videos, kiosks with information and scenes reo ChuIa Vista and San Diego County . State of the art information retrieval systems (example, CD's with headphones and/or video screens to viewllisten to information ofChula Vista; (virtual reality) . Internet access for visitors to send/receive e-mail . Retail sales area and gift shop . Postage stamp vending machine . Attraction & tour ticket sales area . Brochure distribution racks . Public phones, including one for the hearing impaired (TDD) . Regional locator map and public transportation map displayed for viewing . Wall space and backlit display space to lease for advertising purposes . Thematic decor, ambiance to coordinate with Chula Vista and San Diego Con vis advertising and promotional themes- carry out the Chula Vista "brand." . Welcoming decor- banners, flags, displays, mpas, light and bright, a visual experience, "We're glad you are here" . Accessible features for travelers with disabilities . Public restrooms for each gender, families and people with disabilities as well as daily custodial services (this will depend on location and public restrooms in the area) Behind tbe Scenes . Office space for supervisor and staff with bookcases, file cabinets, computers, phones and desk space for volunteers . Space for office machines: fax, copier, postage machine, printers, typewriters, telephone and voice mail equipment . Wiring for computers, internet, phone lines . Storage for visitor guides, brochures, office supplies, promotional items, retail items, cleaning equipment, light bulbs, historical records . Break room- with refrigerator, microwave, toaster oven, coffee, sink, lockers for staff, water cooler . Restrooms for staff . Coat rack . Cash register and built in safe . Phone system that interfaces with Chula Vista CONVIS . Appropriate heating and air conditiouing 2 17-8 Chula Vista CONVIS Strategic Plan 2. EXTERNAL LOCA nON NEEDS: . Central Chula Vista location . Access to public transportation . Ground floor, street level, drive by access . Attractive architectural design . Parking areal arrangements for staff & volunteers . Several 15 minute free parking places for visitors wanting to "run in & pick up a guide" and lor metered and validated parking areas . Fa9ade and front entrance facing major street- currently E Street . Neon signs and directional signs (in several languages or international symbol signs) from freeways and major arteries, to attract visitors to Visitor Center (and subsequently, Chula Vista businesses) . W ell lit - create sense of "safety" for area . 24-hour security . 24 hour information available via direct dial phones on exterior of visitor center and or electronic visitor information kiosk . Area for leased coffee cart operation Revenue Sources! Customer Service! Retail Sales . Sell tour and attraction tickets . Sell Chula Vista t-shirts, sweatshirts, caps, bags, logo items . Sell transit ticket! passes . Museum tickets! Balboa Park passport . Souvenirs . Sundries, film, suntan lotion . Postcards, videos . Maps . Souvenir penny machine with Chula Vista and San Dieog scenes . Phone card vending machine . Sell sponsorship space . Multilingual staff, guides, information resources . Accommodation and/or restaurant reservation service . Advertising panel with dedicated phone lines for self service reservations and info . Mexican insurance lease space . Services! business center o Public phones- including for the deaf o Place to sit and go through information they have gathered o Change machine o Stamps o Access to internet and to puck up their e-mail o Currency exchange lease space 3. CONVIS! VIC RESOURCES: . Bilingual staff with a combined total of IS years of visitor center experience . Establish a volunteer program with dedicated, knowledgeable, trained volunteers . Establish a motel association to bring together motellhotel owners and managers and the City of Chula Vista Police Department and City Code enforcement to work on raising the bar (work on increasing AAA ratings) . Proven methods of information dissemination . Recognized "hospitality training" programs for high school, college . Regiona~ national and international marketing opportunities 3 17-9 Chula Vista CONVIS Strategic Plan FUNDING AND MANAGEMENT RECOMMENDA nONS: I. The City of Chula Vista and Downtown Business Association PBID and sponsors share operating and staffing costs. 2. Cost recovery revenue is obtained through the channels listed previously. 3. Chula Vista CONVIS and the City ofChula Vista work together to obtain a major corporate sponsor (Le. Airlines, American Express Travel, etc) 4. The Center be managed and operated by the Chula Vista Chamber of Commerce The Chula Vista Visitor Information Center (VIe) plays a crucial role within and for our City. In many instances they are the first and final link in Chula Vista's Marketing Plan- service to the Visitor. By utilizing San Diego's aggressive advertising campaign, we will attract the visitor and then responsible for providing friendly and hospitable service. The happy visitor is the repeat visitor. Our Chula Vista Visitor Center is a site for public outreach for Chula Vista businesses, providing the fundamental visibility and accessibility to travelers and residents alike to the City of Chula Vista. 4 17-10 Chula Vista CONVIS Strategic Plan ATTACHMENT C CHULA VISTA CONVENTION AND VISITORS BUREAU A DIVISION OF THE CHULA VISTA CHAMBER OF COMMERCE OPERATING RULES: 1. ORGANIZATION: This division shall be known as the Chula Vista Convention and Visitors Bureau ("CONVIS") and Visitor Information Center ("VIC") and shall be an integral part of the Chula Vista Chamber of Commerce (the "Chamber"), according to our Bylaws subject to the contractual relationship between the City of Chula Vista and the Chula Vista Chamber of Commerce which is incorporated under the laws of the State of California. 2. THE MISSION STATEMENT: The Chula Vista Convention and Visitors Bureau focuses on developing Chula Vista as a destination city by generating and promoting tourism, while expanding and attracting visitors to our community. 3. THE CREED: The Chula Vista Convention and Visitors Bureau is organized for the purpose of marketing Chula Vista as a viable tourist destination for the benefit of the community. 4. SUBCOMMITTEE: The Board of Directors of the Chamber shall appoint a subcommittee to guide this division and advise the CONVIS AND VIC General Manager, who shall be the chair. It shall be governed according to the general rules of the Chamber pertaining to appointment and operation of committees. The subcommittee members need not be Chamber members. At least seventy-five percents of the members shall have employment or interest in the entertainment, tourism or hotel industries. The Public Information Coordinator of the City of Chula Vista shall be an ex-officio member of the subcommittee. The recommendations of the Subcommittee shall be advisory only, subject to the approval of the Board of Directors of the Chamber. 5. GENERAL MANAGER: The division's day to day operations shall be conducted by the CONVIS AND VIC General Manager who shall be an employee of the Chamber. The General Manager shall be advised by the Subcommittee and shall report directly to the Chamber Board of Directors. 6. FUNDS: All money paid to CONVIS and VIC shall be placed in a general operating fund under the Chamber's name but separate from the Chamber's other accounts. Money subscribed or contributed for a special purpose is to be placed in a separate account for such purpose. The Chula Vista Chamber of Commerce CEO and either the Treasurer of the Chamber or another Member of the Chamber Executive Committee must sign disbursements of the funds of CONVIS if the Treasurer is not available. Executive Committee and Chula Vista Chamber of Commerce CEO must approve expenditures over $2000 in advance. 7. BUDGET: The CONVIS General Manager and the Chamber Finance Committee shall review and generate/negotiate the budget of estimated expenses for the fiscal year as received from the City of Chula Vista, and submit it to the Chamber Board of Directors as part of the budget of the Chamber. 8. ANNUAL AUDIT. The accounts of CONVIS shall be examined annually in coordination with the Chamber's annual audit and shall under the supervision of the Vice President Finance and Audit Committee, according to Section 5A INTERNAL AUDIT COMMITTEE. 17-11 (Resolution) WHEREAS, The Chula Vista Chamber of Commerce has contracted with the City of Chuia Vista to operate the Chula Vista Convention and Visitors Bureau and Visitor Information Center. The City of Chula Vista makes an annual contribution of funds to the Chula Vista Chamber of Commerce to fund the operation of the Chula Vista Convention and Visitors Bureau and Visitor Information Center. . The City of Chula Vista has requested that the Chula Vista Chamber of Commerce reflect in its organizational minutes the administrative procedures for operation of tihe Chula Vista Convention and Visitors Bureau and Visitor Information Center. The Board of Directors has considered this mater and has determined that the best approach is to make the Chula Vista Convention and Visitors Bureau a division of the Chula Vista Chamber of Commerce with its own General Manager reporting directly to the Chula Vista Chamber of Commerce CEO and to the Board of Directors and a subcommittee providing guidance and supervision, subject to oversight of the Board of Directors. RESOLVED, that the Chula Vista Convention and Visitors Bureau shall be a division of the Chula Vista Chamber of Commerce with its own General Manager reporting directly to the Chula Vista Chamber of Commerce CEO and the Board of Directors and a subcommittee providing guidance and supervision, subject to oversight of the Board of Directors. RESOLVED FURTHER, that the operating rules appearing in that certain document hereto attached entitled Chula Vista Convention and Visitors Bureau Operating Rules' are adopted as and for operating rules of the Chula Vista Convention and Visitors Bureau Corporation and Visitor Information Center. 17-12 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL APPROVING THE FY 2005-2006 CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAMBER OF COMMERCE FOR THE PROVISION OF CHULA VISTA CONVENTION AND VISTORS BUREAU PROMOTIONAL SERVICES, AND VISITOR AND TRANSIT INFORMATION SERVICES; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the City of Chula Vista ("City") desires to have visitor and transit information available upon request, without cost, to persons entering the City and desiring same, from the Visitor Information Center located on the southeast corner of "E" Street and the Interstate 5; and WHEREAS, the Chula Vista Chamber of Commerce ("Chamber") occupies a unique public service position in the City and has provided general informational and promotional services to the public-at-large for many years; and WHEREAS, the Chamber is experienced and staffed in a manner such that it can provide convention and visitor promotion services (hereinafter "Promotion Services") and visitor and transit information services (hereinafter "Information Services"); and WHEREAS, the Chamber has been providing the City with Promotion Services and Information Services pursuant to separate agreements through fiscal year 2004-05; and WHEREAS, the Chamber has a CONVIS Strategic Plan (hereinafter "Strategic Plan") which establishes goals and objectives for providing convention and visitor promotion services and visitor and transit information services; and WHEREAS, the City desires to continue providing Information Services and Promotion Services pursuant to a single agreement for the provision of these two types of services, based on the Strategic Plan, and on performance measures to gauge success in providing said services; and 17-13 DRAFT WHEREAS, the City's approved budget for fiscal year 2005-06 includes $193,014.00 in funding dedicated to the Chamber for such services. NOW, THEREFORE BE IT RESOLVED, the City Council of the City ofChula Vista approves an agreement in the amount of $193,014.00 with the Chu1a Vista Chamber of Commerce to provide Promotion Services and Information Services for fiscal year 2005-06; and authorizes the Mayor to execute the agreement on behalf of the City. PRESENTED BY APPROVED AS TO FORM Laurie Madigan Community Development Director fA AnnMo r "!' City Attorney J:AttomeylReso/Agreements/CV Chamber of Commerce 2005-2006 17-14 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 Dated: Agreement between the City ofChula Vista And Chula Vista Chamber of Commerce For Chula Vista Convention and Visitors Bureau Promotion Services and Visitor and Transit Information Services 17-15 DRAFT Parties and Recital Page(s) Agreement between City of Chula Vista and CHULA VISTA CHAMBER OF COMMERCE (~ChamberH) For Chula Vista Convention and Visitors Bureau Promotion Services and Visitor and Transit Information Services at the Chula Visitor Information Center and Chamber of Commerce Main Office. This agreement ("Agreement"), dated July 12, 2005, for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Chamber"), and is made with reference to the following facts: Recitals Whereas, the City desires to have visitor and transit information available upon request, without cost, to persons entering the City and desiring same, from the Visitor Information Center located on the southeast corner of ~EH Street and the Interstate 5 (hereinafter ~CenterH) at an address commonly known as 750 ~EH Street, and from the Chamber of Commerce office, 233 Fourth Avenue, Chula Vista (hereinafter ~Main OfficeH); and Whereas, the Chamber occupies a unique public service position in the City and has provided general informational and promotional services to the public at large for many years; and Whereas, the Chamber hereby warrants and represents that it is experienced and staffed in a manner such that it can provide the convention and visitor promotion services (hereinafter ~Promotion ServicesH) and visitor and transit information services (hereinafter ~Information ServicesH) as herein required in accordance with the terms and conditions of this Agreement; and Page 1 17-16 DRAFT Whereas, the City and Chamber have been party to separate agreements for: Convention and Visitors Bureau Promotion Services from FY 1997-98 as extended through amendments to FY 2004-05, a copy of which is on file with the City Clerk as Document No. CO 97- 079, (hereinafter "Existing CONVIS Contract") and for Visitor and Transit Information Services from FY 1994-95 as extended through amendments to FY 2004-05, a copy of which is on file with the City Clerk as Document No. CO 94-121, (hereinafter "Existing Information Contract"); and Whereas, the Chamber has a CONVIS Strategic Plan (hereinafter "Strategic Plan") which establishes goals and objectives for providing convention and visitor promotion services and visitor and transit information services; and Whereas, the City and Chamber desire to continue a single agreement for the provision of these two types of services, based on said Strategic Plan, and on performance measures to gauge success in providing said services. Whereas, Chamber warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Chamber to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Page 2 17-17 DRAFT Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Chamber do hereby mutually agree as follows: 1. .Chamber Duties A. General Duties Chamber shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Chamber shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time. frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Chamber, from time to time reduce the Defined Services to be performed by the Chamber under this Agreement. Upon doing so, City and Chamber agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Chamber to perform additional consulting Page 3 17-18 DRAFT services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Chamber, Chamber shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Chamber, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Chamber represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Chamber, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage") . Page 4 17-19 DRAFT Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Chamber shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Chamber's Commercial General Liability Insurance Policy, Chamber shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Chamber to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Chamber shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.qov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by Page 5 17-20 DRAFT an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Chamber to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Chamber shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Chamber is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Chamber to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Chamber shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Chamber agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. Page 6 17-21 DRAFT 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Chamber for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Chamber throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Chamber'S performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Chamber submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Chamber for all services rendered by Chamber according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Chamber for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Chamber shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. Page 7 17-22 DRAFT 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Chamber shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the Chamber's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. Page 8 17-23 DRAFT 6. Financial Interests of Chamber A. Chamber is Designated as an FPPC Filer. If Chamber is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Chamber is deemed to be a "Chamber" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Chamber is designated as an FPPC Filer, Chamber shall not make, or participate in making or in any way attempt to use Chamber's position to influence a governmental decision in which Chamber knows or has reason to know Chamber has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Chamber is designated as an FPPC Filer, Chamber warrants and represents that Chamber has diligently conducted a search and inventory of Chamber's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Chamber does not, to the best of Chamber's knowledge, have an economic interest which would conflict with Chamber's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Chamber is designated as an FPPC Filer, Chamber further warrants and represents that Chamber will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. Page 9 17-24 DRAFT E. Duty to Advise of Conflicting Interests. Regardless of whether Chamber is designated as an FPPC Filer, Chamber further warrants and represents that Chamber will immediately advise the City Attorney of City if Chamber learns of an economic interest of Chamber's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Chamber warrants and represents that neither Chamber, nor Chamber's immediate family members, nor Chamber's employees or agents ("Chamber Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Chamber further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Chamber or Chamber Associates in connection with Chamber's performance of this Agreement. Chamber promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Chamber agrees that Chamber Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Chamber may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Chamber's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Chamber shall defend, indemnify, protect and hold harmless the Page 10 17-25 DRAFT City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Chamber, and Chamber's employees, subcontractors or other persons, agencies or firms for whom Chamber is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Chamber , its employees, agents or officers, or any third party. With respect to losses arising from Chamber's professional errors or omissions, Chamber shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Chamber's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Chamber'S obligations under this Section shall not be limited by any prior or subsequent declaration by the Chamber. Chamber's obligations under this Section shall survive the termination of this Agreement. 8. Termination of Agreement for Cause If, through any cause, Chamber shall fail to fulfill in a timely and proper manner Chamber'S obligations under this Agreement, or if Chamber shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the Page 11 17~26 DRAFT right to terminate this Agreement by giving written notice to Chamber of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Chamber shall, at the option of the City, become the property of the City, and Chamber shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Chamber's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Chambers' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Chamber shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Chamber of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Chamber shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Chamber hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. Page 12 17-27 DRAFT 11. Assignability The services of Chamber are personal to the City, and Chamber shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Chamber in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Chamber shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Chamber'S work products. Chamber and any of the Chamber'S agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, Page 13 17-28 DRAFT social security tax or any other payroll tax, and Chamber shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Chamber shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Chamber prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Chamber shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. Page 14 17-29 DRAFT 17. Miscellaneous A. Chamber is not authorized to Represent City Unless specifically authorized in writing by City, Chamber shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Chamber is not a Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Chamber and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Chamber represents that neither Chamber, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and Page 15 17-30 DRAFT capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Page 16 17-31 DRAFT Signature Page to Agreement between City of Chula Vista and Chula Vista Chamber of Commerce to provide Chula Vista Convention and Visitors Bureau Promotion Services and Visitor and Transit Information Services at the Chula Visitor Information Center and Chamber of Commerce Main Office IN WITNESS WHEREOF, City and Chamber have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: 200 City of Chula Vista by: Stephen Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Chula Vista Chamber of Commerce Dated: ~/~Lc~~ Lisa Cohen, CEO Exhibit List to Agreement (X ) Exhibit A. Page 17 17-32 DRAFT Exhibit A to Agreement between City of Chula Vista and Chamber of Commerce l. Effective Date of Agreement: July l2, 2005 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: [insert business form] , a ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 9l9l0 4. Chamber: Chula Vista Chamber of Commerce 5. Business Form of Chamber: ( ) Sole Proprietorship ( l Partnership (Xl Corporation Page l8 17-33 DRAFT 6. Place of Business, Telephone and Fax Number of Chamber: 233 Fourth Avenue Chula Vista, California 91910 Voice Phone (6l9) 420-6602 Fax Phone (6l9) 420-1269 7. General Duties: CHULA VISTA CONVENTION AND VISITORS BUREAU The general purpose of this duty shall be to promote the City of Chula Vista and Chula Vista visitor destinations, meeting facilities, tourism and related businesses ("Promotion Services") . The Chamber will include in its operations a division known as the Chula Vista Convention and Visitors Bureau ("Bureau") to provide Promotion Services. This division will conduct advertising and marketing campaigns for the Bureau and have an advisory committee, appointed by the Chamber Board. The City shall be a member of said committee. Advisory participation on this committee shall be open to all interested parties, regardless of membership in the Chamber. Said open participation shall not preclude fund raising activities or fees for member and/or patron listings. VISITOR AND TRANSIT INFORMATION SERVICES AT THE CENTER The Chamber shall also provide Information Services, as more particularly described in this Agreement at the Center and Main Office for the benefit of the City of Chula Vista, the South Bay Region and visitors to the County. The Chamber has a duty to operate the Center and provide public services as specified in this Agreement. Although portions of this Agreement have certain aspects of a lease, the parties agree that this is primarily a services agreement and it is not a lease. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Duties Applying to Both Informational and Promotional Services Pursuant to City Council Policy #230-01 as approved 3/21/95, Page 19 17-34 DRAFT the Chamber agrees to provide the following services as part of its Informational and Promotional services. (1) In general. The Chamber shall respond to all walk-in, phone and mail inquiries received making reasonable and appropriate requests for information by the Chamber from individuals, groups, businesses, news media, etc., and persons referred by the City. Responses shall be accurate, complete, cooperative and promote goodwill on behalf of the City. Responses shall be made in a timely manner. Walk-in and phone inquiries shall be responded to as they are received unless additional research is required. Mail inquiries shall be responded to within three (3) working d~ys after the receipt of such inquiries, unless extensive research is required. (2) Staffing The Chamber shall employ qualified competent staff who are neatly dressed and courteous at all times. The Chamber shall be encouraged, but not required, to schedule a minimum of two employees to provide Center services - although, an adequate number of personnel must be scheduled so that Permitted Commercial Activities do not significantly interfere with the primary responsibility of providing Information Services. The Chamber shall also provide an adequate number of personnel who are qualified and competent at the Main Office to provide Information Services during Main Office business hours. (3) Training The Chamber shall provide adequate training to ensure that personnel are able to respond to inquiries about transit and areas of interest from members of the public and to promote visitor-serving attractions and facilities in Chula Vista. The Chamber shall also provide adequate safety training, as determined by the City, to ensure that personnel safely maintain the Center. a . Extensive Knowledge. Center, Main Office, and CONVIS staff must have extensive knowledge of and be capable of disbursing complete and accurate Page 20 17-35 DRAFT information about the following: i. Chula Vista - including but not limited to, street locations, major hotels / motels, restaurants, visitor attractions, government offices, Chula Vista Nature Center, and major shopping areas. ii. Transit information including but not limited to, Trolley schedules, prices, and stops, and Chula Vista Transit bus schedules and routes. iii. San Diego County visitor attractions including, but not limited to Sea World, San Diego Zoo and Wild Animal Park, Horton Plaza, airport, Gaslamp Quarter, Mission Bay, beaches and other attractions, along with applicable admission prices, hours of operation and directions. b. Adequate knowledge. Center, Main Office, and CONVIS staff must have an adequate general knowledge of and be capable of dispensing general information about the following: i. Northern Baj a, Mexico including but not limited to major highways, cities, insurance requirements, major hotels/motels, restaurants, shopping areas, major visitor attractions, and written information from governmental agencies regarding duty and visa regulations. ii. Southern California including but not limited to major highways, cities and visitor attractions. c. Visitor Services. Chamber shall provide information (e.g. locations, schedules, directions, applicable fees), on topics including, but not limited to the following: - Community clubs and organizations - Local events parades, displays, seasonal promotions Page 21 17-36 DRAFT - Chula Vista Nature Center - u. S. Olympic Training Center - Coors Amphitheatre - Knott's Soak City - Street Information directions, locations, closures, detours, etc. - Lodging facilities - Transit - Airports and Trains - Medical, Professional and real estate offices - Business Referrals - Meeting Rooms - Government services/officials and referrals to appropriate departments - Churches and other places of worship - Schools, including colleges and universities - Museums, historical and cultural sites - Mexico - information on tourist cards, parking, etc. - Tourist attractions Recreational sites, parks, picnic areas, and beach information - Newspaper and local publications - RV parking/mobile home parks - Chula Vista demographics (e. g. population, housing) d. Chula Vista Promotion. In an effort to promote Chula Vista, the Chamber shall always provide information on those businesses, facilities, and attractions in Chula Vista which pertain to the person's inquiry. The Chamber shall also suggest businesses, facilities or attractions which the Chamber believes may be of interest to a visitor. (4) City Image Enhancement The City, as a public entity, is concerned about the image portrayed and services provided by the Chamber and its personnel. The City shall have the right to inform in writing, the Chamber of actions by the Chamber or the Chamber's personnel, which do not conform with the image the City desires to have portrayed. This includes providing complete and accurate Promotion Services and Information Services and presenting a neat, clean, responsive, and friendly image of the City. The Chamber Page 22 17-37 DRAFT shall take all necessary steps to ensure that its actions project the image oesired by the City as directed from time to time. (5) Standard Information The Chamber shall develop and utilize standardized packages of information for responding to general inquiries about Chula Vista as a visitor destination and for new or potential residents of the City. Such packages shall be maintained with current information and shall meet with the approval of the City. The packages may be used, but shall not be deemed solely adequate, for inquiries, making reasonable, specific requests for information not routinely included in the packages. (6) Referrals - Other Agencies For inquiries beyond the expertise of the Chamber, referrals may be made to more appropriate entities. A tally of the number of inquiries referred to other entities, including date of inquiry, type of inquiry (walk-in, phone or mail), entity referred to, and subject of inquiry shall be recorded and reported in the quarterly summary to the City. The Chamber will provide the name and address of the person or business making the inquiry, if appropriate. (7) Referrals - Businesses Responses to inquiries shall show no preferential treatment to Chamber members or any other group or individual persons or businesses. Wherever possible, however, referrals to businesses shall be made to businesses in the City of Chula Vista. Referrals shall be rotated among businesses qualified to provide the service or services requested. The Chamber shall coordinate with the City's Community Development Department on responses to significant business relocation inquiries. (8) Customer Feedback During a specified period of this Agreement (as determined by the City and Chamber) the Chamber shall Page 23 17-38 Do 1\ ~r ~. j"'" Je.".~ f'l'J develop and make available to the public unstamped response cards addressed to the City's Community Development Department to obtain feedback on the quality of information provided. Each response to mail inquiries shall include such a card. All cards returned to the Chamber shall be forwarded to the City's Community Development Department. (9) Information The Chamber shall exercise care in ensuring the Center has new, pertinent information as it arises, such as special events, lists of visitor-oriented businesses and attractions. As part of this effort, the Chamber shall include the Center on the Chamber's mailing list. Furthermore, the Chamber shall keep updated information at the Center and the Main Office and maintain a website containing said information ("Website"). (10) Free Services The Chamber shall not charge the public a fee for providing services unless specifically approved in writing by the City. City maps will be sold to the City at cost, and sold at the Center and Main Office for no more than cost plus 15% to the general public. Notwithstanding this prohibition, fees charged by credit card companies for may be passed along to the purchaser. (11) Sample Survey The Chamber shall conduct a sample survey over a two-week period that covers all of the hours and days that the Visi tor Center is open to determine who is using the Visitor Center and for what reason. The answers/results from the survey shall be provided to the City. Promotion Services and the Chula Vista Convention and Visitors Bureau (1) Marketing and Promotion Chamber shall hire adequate marketing staff ("CONVIS staff") to coordinate an advertising and marketing campaign for the Chula Vista Convention and Visitors Bureau ("Bureau"). In addition, CONVIS staff will Page 24 17-39 DRAFT oversee Center operations and the sale and display of advertising therein. Incidental Chamber support and liaison by CONVIS staff would be anticipated by this Agreement, with such support and liaison being in conjunction with, but not detracting from, the performance of primary CONVIS staff responsibilities. For illustrative purposes, duties of a proposed General Manager of CONVIS are attached as Exhibit B. Chamber shall ensure that CONVIS staff do not have any conflict of interest that would negatively impact its provision of Promotion and Information Services. (2) San Diego CONVIS membership Chamber shall maintain membership in the San Diego Convention and Visitors Bureau for the City of Chula Vista and/or Chula Vista Convention and Visitors Bureau. (3) Distribution of Visitor Brochure and Nature Center Brochure. Chamber shall distribute and place Brochures specified by the City at all major brochure racks in San Diego County, including but not limited to those at airports, cruise ship terminals, bus and train stations, hotels, motels, visitor centers and convention centers. (4) Design and Printing of Brochures At City's request, Chamber shall design and print the brochures, flyers, and/or other publications that focus on promoting Chula Vista and its attractions - such as general visitor brochures or folders, calendar of events, dining and lodging guide, attraction coupon and golf course flyer. The Chamber shall exercise its best efforts to have the costs for the design and/or printing of these publications (i.e. dining and lodging guide) fully or partially reimbursed by the promoted attractions. Any deficit in production costs shall be paid for by Chamber. (5) Advertising Notwithstanding the printing and designing of brochures, Chamber shall spend at least $25,000 of the compensation awarded under this Agreement for advertising. Page 25 17-40 DRAFT Advertising design, content and placement shall focus on promoting Chula Vista and Chula Vista attractions within the region and maintaining primarily a visitor and/or convention orientation. Target media may include but are not limited to: regional magazines, recreational vehicle or auto club publications, motel room event and attraction listings, San Diego CONVIS publications, etc. Advertisements shall be placed in at least three tourist- oriented publications and the response/success of those advertisements communicated to the City. For any ad placement or series of placements in the same publication for which the total price shall exceed $ 6,000, said placement shall be subject to review and approval by the City's Contract Administrator. The Chamber shall also be encouraged to engage in cooperative advertising campaigns, with participation by the City and by local visitor-oriented businesses. The maximum City and Chamber participation via this Agreement in any such cooperative advertising shall be 60% of the cost of adv~rtising production and placement. The other 40% of advertising expenses shall be borne by the local participants. Such cooperative advertising shall be open to all visitor-oriented Chula Vista businesses, regardless of membership in the Chamber. For those items that would entail graphic or display design (e.g. Advertising, Visitor Brochure, Chula Vista display at the u.S. Olympic Training Center, etc.), the Chamber shall work with City on initial design concepts and obtain the prior written design approval of the City's Community Development Department and Office of Communications. Said approval shall be in addition to any other required design review or other discretionary City approvals. (6) Specific Promotional Activities As part of this Agreement, the Chamber shall also perform these specific promotional activities: a. Hold at least three meetings per year for the operators of hotels and motels in Chula Vista. Adequate written notice of the time, place and subject matter of these meetings shall be provided (at least 30 days prior to such event). At these Page 26 17 -41 DRAFT meetings, the Chamber and lodging providers will work on develop marketing strategies and communicate ways to improve their businesses and stature within the community. b. At least twice per year, organize FAM (familiarization) tours to the City's major attractions (e. g., Olympic Training Center, Coors Amphitheatre, Knott's Soak City, the Chula Vista Nature Center, three golf courses, etc.) for San Diego CONVIS members, meeting/convention planners, and concierges from around the County. c. Promote and market the City and visitor-serving attractions at shows: the following industry trade i. Restaurants ii.Shopping iii. Arts and cultural activities iv. Golf v. Local history vi. Libraries vii. Parks and recreation facilities viii.Entertainment venues Information Services - Visitor Information and Transit Center (750 E Street) The Chamber shall operate a first-class Visitor Information Center according to the following standards for the term of this Agreement as same may be from time to time extended. (1) Hours of Operation The Chamber shall operate the Center at least eight and one-half hours per day on weekdays and seven and one-half hours per day on weekends and holidays. Operating hours shall be 8:00 am to 4:30 pm on weekdays and 8:30 am to 4:00 pm on weekends, subject to amendment by separate written Agreement of the Chamber and City Contract Administrator. The Center may be closed on New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day and Christmas Day. The Center may also close early on Page 27 17-42 DD" .'" ,'\ r: r. ~ \. A-~ !.. '.,~ '" 0 IJ Christmas Eve and New Years' discretion. Eve , at the Chamber's (2) Transit Passes The Chamber will make available for sale to the public, transit passes issued by the Metropolitan Transit System (MTS) and Chula Vista Transit. The Chamber will also make change for transit fares as requested by the public to the extent feasible. (3) Precedence of Services Commercial activities, promotion and/or referrals shall not interfere with the Chamber's ability to provide free, reliable, complete and true information in response to requests from public users of the Center. (4) Signage The Chamber may be required to post a "Free Visitor Information" sign at each of the three entrances to the Center or at the counter. Size and design of the sign will meet with the approval of the City. The cost of supplying and installing any such signs(s) shall be borne by the City. (5) The Chamber is prohibited from erecting or creating any signs on the Center that are visible from the outside or in any area within the jurisdiction of the City without prior written approval of the City. Interior signage or advertising is subject to the City's approval. (6) Display Advertising The Chamber shall be permitted to sell display advertising space, which shall be limited to the Dura Trans Board. Display advertising on surfaces other than windows is limited to those areas indicated on the Design Layout as herein defined and as it may be modified with the City's Approval. (7) Wall Space Except as provided herein or otherwise approved by the City, interior and exterior wall space will be posted only with public service information consistent with Page 28 17-43 DRAFT material identified in this Agreement. Display material supplied or approved by the City designed to promote visitor attractions in Chula Vista may also be posted on walls. (8) Information Counter Display of retail merchandise on the information counter top shall not significantly interfere with its ability to be seen and used for providing Information Services. Display or additional retail merchandise behind the counter shall present a neat, uncluttered appearance. (9) Pay Phone The Chamber shall be required to maintain at least one public pay phone at the Center. (10) Restroom Access Due to health and safety concerns there are no public restrooms at the Center, although the City reserves the right to allow MTS and Chula Vista Transit bus drivers to have access to the Center's restrooms, with said access only being through the exterior restroom doors. Exterior doors to the restrooms shall be locked when not being utilized by Center or transit employees. Interior doors opening into the restrooms shall be locked when the Center is closed - i.e., transit employees will only be provided keys to the exterior doors. (11) Compliance with the Law Operation of the Center shall comport with all local, state, and federal laws and regulations, including but not limited to, those provisions of the Chula Vista Municipal Code ("CVMC") relating to the sale of adult materials (as defined in CVMC 5 19.04.007) and the County of San Diego Health Department's regulations relating to food sales and consumption. (12) Center Design Layout The Chamber agrees to maintain the current layout of the Center ("Design Layout") which includes a color scheme, theme, lighting, and physical location of furniture, Page 29 17-44 n? t1 F T '-'- t-:r ~ \. fixtures and equipment such as tables, chairs, racks, shelves, vending machines, display advertisements, etc. The City will work with the Chamber and a space designer (to be provided by the City) to make any changes to the Design Layout necessary for improving Americans with Disabilities Act (ADA) access, improving City image, and improving Information Services and retail revenue. Approval will be subject to all City rules and regulations, including but not limited to Design Review. City may terminate any use in the interior of the Center or layout of the interior facilities, which it finds objectionable; and the Chamber is prohibited from use or decoration of the exterior areas without the advance written approval of the City. The Chamber shall not make any structural improvements or changes to the Center except in accordance with the Design Layout which has been reviewed and approved by the City. The Chamber's operation of the Center will conform to the approved Design Layout. Any changes to the approved Design Layout must have prior approval of the City. The Chamber shall maintain displays in the Center, including, but not limited to, the following: a. One bulletin board of community acti vi ties of a size and design acceptable to the City. The Chamber shall insure that current information concerning upcoming special events wi thin Chula Vista are displayed at all times. b. Display map of the City of Chula Vista; c. Display stand of scenes of Chula Vista; d. Display space on the information counter for brochures designated by the City about Chula Vista attractions. The Chamber will further provide space for transit brochures designated by the City in a location mutually agreeable to the parties; and e. At least one fully stocked brochure rack in the Page 30 17-45 DRAFT lobby area of the Center which provide information attractions in Chula Vista containing brochures, on the maj or visitor and San Diego County. (13) Maintenance, Repairs, Utilities and Improvements of the Center: a. Regular Maintenance The Chamber shall operate the Center in a safe and reasonable manner. The Chamber shall be responsible for keeping the interior and exterior of the Center free of trash and in good order and condition. This includes, but is not limited to, the vending machine area and private restrooms. Cleanliness, repair and maintenance shall be done to the City's satisfaction. Restrooms will be cleaned at least once per day. The Chamber shall provide restroom supplies such as toilet paper and paper towels. The Chamber shall be responsible for all costs and supplies necessary for the proper cleaning of the interior of the Center, including graffiti removal that does not require painting, and minor maintenance such as replacing interior light bulbs. The Chamber shall be responsible for the professional cleaning of the interior floors and vending machine area floor at least once every three months using professional equipment and/or personnel. The City shall be responsible for maintenance of the exterior advertising panels, steam cleaning of the exterior patios and walkways of the Center when needed, trash pick-up and removal, a.nd exterior ashtray cleaning. b. Facility Repairs The City shall be responsible for repairing and maintaining the exterior of the Center. This responsibility extends to, but is not limited to, the interior, the roof, exterior walls, Page 31 17-46 DRAFT landscaping, and exterior graffiti removal. The City shall be responsible for repalrlng and maintaining all permanent interior improvements to the Center. Said improvements shall include, but not limited to, plumbing, utility systems, windows, fixtures, painting, and wall coverings. c. Emergency Repairs The City authorizes the Chamber to make emergency repairs of up to $500 for items the City is responsible for repairing and maintaining. Emergency repairs include but are not limited to broken windows and roof leaks. The City will reimburse the Chamber for reasonable costs up to $500 for such necessary emergency repairs within sixty (60) days of submitting an invoice to the City's Contract Administrator. d. Negligence Notwithstanding the foregoing subsections, the Chamber will be responsible for all repairs required as a result of negligence of the Chamber or the Chamber's employees. Costs of said repairs shall not be deemed "Applicable Operating Expenses." e . Utilities The City shall be responsible for all water, sewer, and electricity utility costs associated with the use of the Center, including the restrooms. The Chamber shall be responsible for all trash disposal, alarm service and telephone costs. Telephone billing records and long distance charges shall be subject to review and audit by the City. f. Improvements and Personal Property; Title upon Termination Unless otherwise provided in writing by both parties, all improvements to the Center shall be the responsibility of the City, and upon termination of this Agreement, all improvements to the Center (regardless of who performed improvement), all inventory and all personal property Page 32 17-47 DRAFT remaining on the Center shall be deemed to be the property of City. (14) Right to Inspect Operations The City Contract Administrator shall have the right to enter the Center, inspect same and review the operations of the Chamber under this Amended Agreement at any time during the term of this Agreement. (15) Evaluation of Visitor Center Location Chamber and City shall meet to evaluate the location of the Visitor Center and make a recommendation to the City Manager by January 1, 2006. Information Services - Chamber's Main Office (223 Fourth Avenue) and Off-Site In recognition of the fact that not all services can be solely performed at the Center, due primarily to the walk-in oriented business attracted to the Chamber's Main Office, the Chamber shall continue to provide limited General Information Services for the City at its Main Office. The Chamber shall also continue to represent the City at selected trade shows, work with the City's economic development staff to obtain materials and displays, as appropriate, and represent the City at selected special events to promote the City to visitors and enhance its regional image. (1) Main Office Services - Hours of Operation Chamber staff shall be available to provide Main Office Services Monday through Friday from 9:00 am to 5:00 pm, except for New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day and Christmas Day. Holidays cited above falling ona Saturday will be observed on Friday. When a holiday occurs on Sunday, it will be observed on the following Monday. (2) Consolidation of Services Where possible and practical, the Chamber shall endeavor Page 33 17-48 DRAFT to consolidate Main Office service with that provided at the Center. Efforts to consolidate shall include, but not be limited to, White Pages listing of the Center phone number and site as the Chamber's ~General Information/Tourism" contact and review of phone and mail handling procedures. Performance Meetings and Minor Amendments to Agreement The Chamber and City shall meet on at least a quarterly basis to review items including, but not limited to: quarterly reports, scope of services, hours of operation, permitted commercial activities, Design Layout, and scope and consolidation of Main Office Services. The Chamber and City Contract Administrator may, in a separate addendum to this Agreement, amend the scope of services or operating conditions relating to: form and content of quarterly reports, hours of operation, permitted commercial activities and Design Layout. Any other changes shall be subject to a formal written amendment approved by the City Council. B. Date for Commencement of Chamber Services: (x) Same as Effective Date of Agreement C. Dates or Time Limits for Delivery of Deliverables: June 30, 2006 D. Date for completion of all Chamber services: June 30, 2006 9. Insurance Requirements: (x) Statutory Worker's Compensation Insurance (x) Employer's Liability Insurance coverage: $1,000,000. (x) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) . Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage) . Page 34 17-49 DRAFT lO. Materials Required to be Supplied by City to Chamber: A. Duty to Make Center Available for the Use and Occupancy of the Chamber City agrees to make the Center available to the Chamber in order to provide the Information Services and Promotion Services herein required, and to conduct such other collateral uses herein permitted, which availability shall be to the exclusion of all other commercial uses of the Center. The Chamber has no independent right to occupy the Center except to provide its duties outlined in this Agreement. B. Duty to Allow the Chamber to Conduct Certain Commercial Activities (1) Permitted Commercial Activities On the terms and conditions herein specified, including accordance with the approved Design Layout, the Chamber shall have the right, and City shall permit the Chamber, to conduct the following commercial activities or sales at the Center: - Transit tickets and passes - Phone Cards - ATM Services - Pay Phone Services - ~Chula Vista": T-shirts, Hats; Bumper Stickers; Key Chains; Buttons; Pens; Pencils; and Postcards - Film, Flashbulbs and Batteries - Maps/ Guide Books - Mexican Auto Insurance - Newspapers and Magazines - Travelers Checks/American Express services - Soft Drinks/ Coffee - Candy/ Gum/ Ice Cream/Snack Foods - Sunglasses - Suntan Lotion/Chap Stick/First Aid items - such as pain relief medicines - Postage Stamps - Kleenex/Pocket Combs - Lottery Tickets - Tour and Excursion Tickets Page 35 17-50 DR t\ FT - Video! vending machines - Display advertising space as permitted herein The sale of products or services not listed above is subject to the City's approval. Such approval shall not be unreasonably withheld, but shall be consistent with the approved Design Layout. ll. Compensation: For performance of all of the Defined Services by Chamber as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $193,014.00, payable as follows: Promotion Services & Center Information Services: $l79,638.00; payable in quarterly increments of $44,909.50. Main Office Information Services: $l3,376.00; payable in quarterly increments of $3,344.00. l2. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (x) None, the compensation includes all costs. l3. Contract Administrators: City: Gustavo Perez, Senior Community Development Specialist, City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619) 476-2300 Chamber: Lisa Cohen, CEO, Chula Vista Chamber of Commerce 233 Fourth Avenue Chula Vista, CA 91910 (619) 420-6602 Page 36 17-51 DRAFT 14. Liquidated Damages Rate: None 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (x) Not Applicable. Not an FPPC Filer. 16. ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: As approved in advance by the City and corresponding to the terms of this Agreement. Sub-contractors may provide: Mexican Insurance Indoor ATM Machine Pay Phone Soft drink and snack vending machines Any revenues derived from these contracts shall be include the totals for Gross Sales. If physical changes to the Center, Design Layout or grounds are needed to accommodate these types of sub-contractors, the Chamber must receive written approval in advance from the City. 18 Bill Processing: A) Consultant's Billing to be submitted for the following period of time: ( ) Monthly (x) Quarterly Paid in advance. For FY Second Quarter; For FY Third Quarter; For FY Fourth Quarter; ( ) Other: beginning October 1, 2005: beginning January 1, 2005: beginning April 1, 2005: $48,253.50 $48,253.50 $48,253.50 $48,253.50 B) Day of the Period for submission of Consultant's Billing (x) First of the Month ( ) 15th Day of each Month Page 37 17-52 DRAFT End of the Month Other: C) City's Account Number: 05500-6401 19 Security for Performance In lieu of providing a security deposit or bond, the Chamber hereby agrees that compensation for it services provided under this Agreement may be withheld in payment for, and in proportion to, any repair or maintenance work required as a result of Chamber's failure to maintain the Center in accordance with Exhibit A, Paragraph 9, section C(13) . Page 38 17-53 COUNCIL AGENDA STATEMENT 10 Item~ Meeting Date 07/12/05 ITEM TITLE: Public Hearing regarding annexation of territory to Community Facilities District No. 97-2 (preserve Maintenance District) Resolution 2005-_of the City Council of the City of Chula Vista, California, acting as the legislative body of Community Facilities District No. 97-2 (preserve Maintenance District), making certain determinations and authorizing submittal of levy of special taxes to the qualified electors of certain territory proposed to be annexed to Community Facilities District No. 97-2 (preserve Maintenance District) Resolution 2005- _of the City Council of the City of Chula Vista, California, acting in its capacity as the legislative body of Community Facilities District No. 97-2 (preserve Maintenance District), declaring the results of a special election in that area designated as Community Facilities District No. 97-2 (preserve Maintenance District), Improvement Area "A", Annexation No.5, and adding such territory to such improvement area SUBMITTED BY: City Engineer ~~ REVIEWED BY: City Ma~er (4/5thsVote:Yes_No X) On June 7, 2005, the City Council initiated the Community Facilities District No. 97-2 (preserve Maintenance) ("CFD No. 97-2") annexation proceedings by adoption of Resolutions 2005-177 and 2005-178. Tonight's action is the next step in the formal proceedings to annex the territory within Village 7 into Improvement Area A of CFD No. 97 -2. Improvement Area A funds the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance. Improvement Area B only funds the Resource Monitoring Program. 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. RECOMMENDATION: That Council: 1. Open Public Hearing and receive testimony from the public, 18-1 .f-:'" Page 2, Item ~ Meeting Date 07/12/05 2. Approve the resolution making determinations and authorizing submittal of levy of special taxes to the qualified electors of certain territory proposed to be annexed to CFD No. 97-2. 3. Allow the City Clerk to conduct the Special Election. If the levy of special tax is approved by the qualified electors; then, 4. Approve the resolution declaring the results of special election and adding such territory designated as CFD No. 97-2, Improvement Area A, Annexation No.5 to CFD No. 97-2, Improvement Area A. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: InJuly 1998, Council formed Community Facilities District No. 97-2 (preserve Maintenance District). CFD No. 97-2 was originally divided into two Improvement Areas, Improvement Area A and Improvement Area B, that were designated when CFD No. 97-2 was formed. Special taxes levied within Improvement Area A fund the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance within the initial boundaries of the Otay Ranch Preserve. Special taxes levied within Improvement Area B only fund the Resource Monitoring Program within that same area. Along with the annexation of Village 11 to CFD No. 97-2, that Village 11 territory was designated as Improvement Area C of CFD No. 97-2. Special taxes levied within Improvement Area C pay for both Preserve Operations and Maintenance and the Resource Monitoring Program consistent with the requirements of the Otay Ranch Resource Management Plan Phases 1 and 2. It is necessary to annex territory into Improvement Area A of CFD No. 97-2, as such boundaries may be modified from time to time. TerritoJ;y Proposed to be Annexed The proposed boundaries of the territory proposed to be annexed to CFD No. 97-2 encompass the parcels located within Village 7 (McMillin Otay Ranch and Otay Ranch Company) owned by McMillin Otay Ranch, LLC, and Otay Project, LP. Village 7. The McMillin Otay Ranch area is proposed to contain approximately 538 single-family detached homes and 221 multi-family units on approximately 67.14 net taxable acres. The Otay Ranch Company area is proposed to include 361 single-family detached residences on 50.99 net taxable acres. 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 the Report. The City Council previously approved an annexation boundary map for this territory, identified as Annexation Map No.5, CFD No. 97-2 (preserve Maintenance District), Improvement Area A. A reduced copy of the map is presented in Exhibit "B". 18-2 Page 3, Item ~ Meeting Date 07/12/05 Proposed Special Tax The rate and method of apportionment of the special taxes authorized to be levied within the existing boundaries of CFD No. 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. COmIPercial Parcels are taxed on the acreage of the parceL Developed Parcels are those parcels for which a building per1l1it has been issued. . The Final Mapped properties, which include all single-family residential parcels for which a building per1l1it 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 . The Exempt Category includes all publicly owned parcels and Homeowner's Association parcels. The Rate and Method of Apportionr;nent for Annexation No.5 uses the same methodology and maximum special tax rates as contained in the original rate and method of apportionr;nent approved at the time of formation of CFD No. 97-2 in 1998. Collection of Taxes At the beginning of each fiscal year the ad1l1inistrator of CFD No. 97-2 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 Residential 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, CFD No. 97-2 will levy 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 Residential 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 Improvement Area is less than the maximum special tax authorized to be levied on the Developed Parcels within such Improvement 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 Apportionr;nent (RMA) of Special Taxes" proposed to be established for tertitory proposed to be annexed to CFD No. 97-2, Improvement Area A: (See Exhibit "An for full description ofRMA): 18-3 Page 4, Item /10 Meeting Date 07/12/05 . The Maximum Special Tax fuJ.tes 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 No. 97-2 when CFD No. 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 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 and actual special tax rates for fiscal year 2004/05 for Improvement Area A of CFD No. 97-2 are as follows: Special Tax Category Special Tax Category Maximum Special Tax o erations & Maintenance $0.0090 $145.9707 145.9707 $94.2100 Resolution There are two resolutions on today's agenda, which, if adopted, will accomplish the following: The RESOLUTION MAKING DETERMINATIONS is the formal action of the City Council making certain findings and determinations pertaining to the annexation of Village 7 (McMillin Otay Ranch and Otay Ranch Company) to CFD No. 97-2, Improvement Area A, 18-4 Page 5, Item A Meeting Date 07/12/05 and authorizes. the electors of such territory to vote on the authorization to levy special taxes within such territory. The City Clerk, acting as the designated election official, will hold a special election within the territory proposed to be annexed to CFD No. 97-2, Improvement Area A, at which time the qualified electors of such territory, being the owners of land within such territory, will be entitled to vote on a ballot proposition to authorize the levy of the special taxes described above within such territory. The RESOLUTION DELARING RESULTS OF SPECIAL ELECTION is the formal action of the City Council declaring the results of the special election and, if the levy of such special tax is approved by the qualified electors, ordering the annexation of Village 7 (McMillin Otay Ranch and Otay Ranch Company) to Improvement Area A of CFD No. 97- 2. FISCAL IMPACT All costs of the annexation to the district are being paid by the developers and the on-going administration of the CFD will be funded entirely by CFD No. 97-2. The City will receive the full cost for staff time involved in the annexation from the developer and full cost of staff time for a.dministration of CFD No. 97-2 from the CFD, in perpetuity. Exhibits: "A" Rate and Method of Apportionment "B" Annexation Map J :/Engineer/ AGENDAlCAS200517 -12-05/CFD 97-2 Annex 5 Agenda Item PH 06.21.05.doc 18-5 EXHIBIT A CITY OF CHULA VIsTA COMMUNIlY FACILITIES 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. Cily of Chula Vista CFD No. 97.2, Annexation No. 5,lA A, Village 7 (McMillin and Oray) 04/20/2005 Page 1 18-6 "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 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 fmal 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 Taxis being levied. city of Cbllla V'uta CFD No. 97.2, Anneration No.5, IA A, Vi/Jage 7 (McMiZUn and Otay) 04/20/2D05 Page 2 18-7 "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 actlvltles described 1fi 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 Cbula Vista CFD No. 97-2, Annexation No.5, IA A, ViUag. 7 (McMillin and Otay) 04/20/2005 PagtJ 18-8 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 in 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 CInJa Vista CFD No. 97-2, Ann_lion No.5, IA A. Village 7 (McMillin and Otay) 04/20/2005 Page 4 18-9 "Special Tax Requirement" means that amount required in any Fiscal Year for Area A to: (i) 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; (iii) 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 Cbu/4 Vista CFD No. 97.2. Annexation No.5, IA A, Village 7 (McMillin and Otay) 04/20/2005 Page 5 18-10 B. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX Each Fiscal Year using the definitions above, all Taxable Propeny within Area A of the CFD shall be classified as Category I, Category II, Category III 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 Propeny shall be funher assigned to a Land Use Class as specified in Table 1. c. MAXIMUM SPECIAL TAX RATE Category I Category I includes Developed Propeny within the District ("Category I"). The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance for Fiscal Year 2004-05 on Developed Propeny are the rates set fonh 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 Cbllla ViJta CFD No. 97-2, Annexation No.5, LA A, Village 7 (McMillin and Ot4y) 04/20/2005 Pa,. 6 18-11 is the rate set fonh in Table 2 below (said amount to be levied pro rata for any ponion 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 Monitorin $91.9458 er Acre o eration & Maintenance $145.9707 er Acre Category III Category ill includes each Parcel of Taxable Property within the District not subject to Special Tax under any other category ("Category ill"). The Maximum Special Tax approved for Fiscal Year 200+05 on Taxable Property within Category ill is the rate set fonh in Table 3 below (said amount to be levied pro rata for any ponion of an Acre). TABLE 3 Maximum Special Tax for Category III Community Facilities District No. 97-2 Improvement Area A (Fiscal Year 2004-05) Resource Monitorin $59.3419 er Acre Oration & Maintenance $94.2100 er Acre 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 fonh in the easement impractical, common areas, private streets and parks, and open space lots ("Exempt Category"). City of Cbula Vista CFD No. 97.2, Annexation No.5, IA A, Village 7 (McMillin and Otay) 04/20/2005 Page 7 18-12 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. MElHOD 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 Cbula Vi#4 CFD No. 97-2, Annetation No.1, fA A, Village 7 (McMillin and Otay) 04/20/2001 Page 8 18-13 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 includes 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 ponion 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 will the Special Tax levied against any Assessor's Parcel of Residential Property or Multi-Family Property for which an occupancy permit for private residential use has been issued be increased by more than Cily of Chula Vista CFD No. 97-2. Ann_Don No.5, LA A, Villa,. 7 (McMillin and Ot4y) 04/20/2005 Page 9 18-14 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. H 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. H 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 undenake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apponionment 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 propeny 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 Propeny in Area A of the CPO shall remain subject to the Special Tax in perpetuity. city of Cbula Vista em No. 97-2, Ann"",,"on No. 5,lA A, Vil/agt 7 (McMillin and Otay) 04/20/2005 PagdO 18-15 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, litter, 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 CbrJa Vista CFD No. 97-2, Anntxalion No.5, IA A, Village 7 (McMillin and Otay) 04/20/2005 Page 11 18-16 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 Cbul4 Vista CFD No. 97-2, AIIIIeXIltio" No. 5,lA A, Village 7 (McMiUi" and Otay) 0412012005 Page 12 18-17 - ~ - .... ~ ili 1=' u I!: Vl Ci w u Z < Z ~ Z <( ::E !$! 0:: Itl~< QW< zO::w CI..~O:: <N< ::EI~ ZI'W 00l::E F .!$! <00 ~zo:: ZI-CI.. ZU;! <I!: Vl c VI w F :J o ~ I ilmJ.... ill!l~ . I~~~ ~ I J 1!!;lil i;;i '1 II~II ~~ . ; ,Iiil!~ d ;1 nlf~;, ;~i~' i i;l~ 11~ : ,n~b I; =1- i i- n ! i~:i d :i iil. i: ~! ";ii II h I~i~ B!~ i! ~iSi i!ll! !~I II b~ il ;1*1! ! 111 I~ -ill '. Iri II i~ii h di * M.i ~I ~ ~~ ! ! ; !i II I i~ ~ G ~ ~ "'8'" t;!:!:l~ "all ~~~ Gl!ll!l l!l~i!! 5~~ IIIII ,! II: jlll'l! ''II ...J ' ",a: 150 l:l~ G, x< a:C ... ilia: :o--....JL.--:J 'M\)fc/ 3~YllSY3 . G · ,;~ ii ~ it ~ ~ ... I .~ , ~ If I ~ I I it ~III ~~ C'a I illl i I [I t 18-18 cD ...... - [[l - :c >< w DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA. CALIFORNIA (the "City Council"), has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an improvement area in an existing community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof (the "Act") and the City 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 existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (pRESERVE MAINTENANCE DISTRICT) (the "District") and the improvement area has been designated as IMPROVEMENT AREA "A" ("Improvement Area 'A"'); and, WHEREAS, notice of a public hearing relating to the annexation of territory to Improvement Area "A", the extent ofthe territory to be annexed, the furnishing of certain public services and all other related matters has been given; and, WHEREAS, the area proposed to be annexed is known and designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO. 5 (the "Annexation Area"); and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Annexation Area or Improvement Area "A" and/or property owners representing more than one-half (1/2) or more of the area of land within the Annexed Area or within Improvement Area "A"; and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Annexation Area for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Annexation Area, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Recitals The above recitals are all true and correct. RVPUBIMUMI691701.1 18119 DRAFT SECTION 2. Determinations It is determined by this City Council that: (a) all proceedings prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Community Facilities District Law, and this finding is made pursuant to the provisions and authorization of Section 53325.1 of the Government Code of the State of California; (b) the annexation of the Annexation Area to hnprovement Area "A" as proposed conforms with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts; (c) less than twelve (12) registered voters have resided within the Annexation Area for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Annexation Area and each landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Annexation Area; (d) the time limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of the Annexation Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexation Area; (e) the City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution annexing the Annexation Area to the District; and (f) the public services proposed to be financed from the proceeds of special taxes to be levied within the Annexation Area are necessary to meet increased demands placed upon the City as a result of development and/or rehabilitation occurring in the Annexation Area. SECTION 3. Boundaries Of Annexed Area The boundaries and parcels of land the Annexation Area and in which the public services are to be provided and on which special taxes will be levied in order to pay the costs and expenses for such public services are generally described as follows: All that property and territory proposed to be annexed to hnprovement Area "A" of the District, as said property is shown on a map as previously approved by this legislative body, said map designated by the number of the annexation and the name of the District and hnprovement Area "A," a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. RVPUBIMUMI69170 1.1 18~20 DRAFT SECTION 4. Description Of Services The services that are authorized to be financed from the proceeds of special taxes levied within Improvement Area "A" of the District are certain services which are in addition to those services provided in or required for the territory within Improvement Area "A" and will not be replacing services already available. A general description of the services authorized to be financed by Improvement Area "A" 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 OwnerlManager 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 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 Annexation Area. If and to the extent possible such services shall be provided in cornmon with Improvement Area "A" and the Annexation Area. SECTION 5. Special Tax Except where funds are otherwise available, a special tax sufficient to pay for such services to be provided in the Annexation Area, secured by recordation of a continuing lien against all non-exempt real property in the Annexation Area will be levied annually within the boundaries of the Annexation Area. For particulars as to the rate and method of apportionment of the proposed special tax, 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 Annexation Area to clearly estimate the maximum amount of the special tax that such person will have to pay. The special taxes 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; however, as applicable, this City Council may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Chula Vista, acting for and on behalf of the District. SECTION 6. Election The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Annexation Area, said electors being the landowners, R VPUBIMUM169170 1.1 18:121 DRAFT with each landowner having one (I) vote for each acre or portion thereof ofland which he or she owns within said annexed territory. The special election shall be held on July 12, 2005, and said election shall be a special election to be conducted by the City Clerk (hereinafter "Election Official"). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) ofthe votes cast on the proposition, the special tax may be levied as provided for in this Resolution. SECTION 7. Ballot The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 97-2, IMPROVEMENT AREA "A" ANNEXATION NO.5 AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 97-2 (Preserve Maintenance District) of the City of Chula Vista be authorized to levy special taxes within the territory identified as Annexation No. 5 to Improvement Area "A" of such District pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth in the Resolution Making Certain Determinations and Authorizing Submittal of Levy of Special Taxes to Qualified Voters Within Community Facilities District 97-2 (Reserve Maintenance District) to finance the authorized services and administrative expenses and to fund and replenish a reserve fund, all as provided for in the Special Tax Formula? SECTION 8. Vote The appropriate mark placed in the line before the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the line before the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 9. Election Procedure This City Council hereby authorizes the Election Official to take any and all steps necessary for the holding of said election and ratifies any such steps previously taken by such Election Official which were necessary for the holding of such election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: (a) Prepare and furnish to the election officers necessary election supplies for the conduct ofthe election. (b) Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. (c) Furnish and address official ballots for the qualified electors of the Community Facilities District. RVPUBIMUM\69170 1.1 18122 (d) (e) (f) (g) (h) (i) (j) PREPARED BY: DRAFT Cause the official ballots to be mailed and/or delivered, as required by law. Receive the returns of the election. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. Canvass the returns of the election. Furnish a tabulation of the number of votes given in the election. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed by the District and pay costs and expenses of all election officials. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. APPROVED AS TO FORM BY: i .'-" -,;1 /" \ , I,.t"') j (( I{'L<\ 0 Anni!-J[oore, \ II '0 J;Citr Atto~ oj I Sohaib AI-Agha City Engineer J :AttorneylReso/CFD/CFD 97 -2 Annex 5 Submittals of levy of special taxes RVPUBIMUM1691701.l 18~23 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (pRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO.5 AND ADDING SUCH TERRITORY TO SUCH IMPROVEMENT AREA WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has previously undertaken proceedings to annex certain property to an existing Community Facilities District and Improvements Area 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 (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City ofChula 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 is referred to as COMMUNITY FACILITIES DISTRICT NO. 97-2 (pRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A", ANNEXATION NO.5 (the "Annexation Area"); and, WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of the Annexation Area a proposition relating to the levy of special taxes within the Annexation Area; and, WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable 2/3's vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California and to order that the Annexation Area be added to Improvement Area "A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk, acting iri her capacity as the Election official, said Statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so incorporated. RVPUB\MUM\691702.1 1~?4 DRAFT SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. SECTION 4. This City Council does hereby determine and declare that the Annexation Area is now added to and becomes a part ofhnprovement Area "An of the District. The City Council hereby further determines that the City Council is now authorized to levy the special taxes within the Annexation Area as approved and authorized by the qualified electors of the Annexation Area. PREPARED BY: APPROVED AS TO FORM BY: \... \I-'\~. iil J iC(!~' , / L' ---i--j::....l. I _"'"<..t/ Sohaib Al-Agha (Ann Moore Q City Engineer ~v{;itl.Attorney J:AttorneylReso/CFD/Chula vista CFD 97-2 Annex 5 Declarinig Election Results RVPUBIMUMI691702.1 1lk:~5 EXHIBIT "A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) IMPROVEMENT AREA "A" ANNEXATION AREA NO.5 SPECIAL ELECTION in said City, held July 12, 2005. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District in said City, and the whole number of votes cast for the Measures in said District in said City, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. 1. TOTAL NUMBER OF VOTES CAST: II. VOTES CAST ON PROPOSITION A: YES NO WITNESS my hand and Official Seal this day of ,2005. CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA RVPUBIMUMI691702.1 1 'A.-=t 6 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 07/12/05 ITEM TITLE: Public Hearing regarding the formation of Community Facilities District No. 12M (Village 7) Resolution of the City Council of the City of Chula Vista, California, forming and establishing Community Facilities District No. 12M (Village 7), designation of improvement areas therein and authorizing submittal of levy of special taxes to the qualified electors within each improvement area. SUBMITTED BY: City Engineer ~t>< REVIEWED BY: City Man~er (4/5ths Vote: Yes_ No--X) On June 7, 2005, the City Council initiated proceedings for the formation of CFD No. 12M by adoption of Resolutions 2005-179 through 2005-181. Tonight's action will be the next step in the proceedings to establish CFD No. 12M. This district will fund the perpetual operation and maintenance of slopes, medians and parkways and storm water treatment facilities associated with Village 7. 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. RECOMMENDATION: That Council: 1. Open Public Hearing and receive testimony from the public, 2. Close the Public Hearing, and 3. Approve the resolution forming and establishing Community Facilities District No. 12M (Village 7), designating improvement areas therein and authorizing submittal of levy of special taxes within each such improvement area to the qualified electors thereof. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. 19-1 Page 2, Item K Meeting Date 07/12/05 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 financing 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 currently excluded from the 2% maximum tax criterion set forth in the Goals and Policies. On April 28, 1998, Council, acting under its Charter authority, enacted the "Chula Vista Community Facilities District Ordinance" (the "Ordinance"). The Ordinance adopted the Mello-Roos Act with modifications to accomplish the following: I) incorporate all maintenance activities authorized by the "Landscaping & Lighting Act of 1972" ("1972 Act"), 2) include certain maintenance activities not listed in the "Mello-Roos Act" or the "1972 Act", arid 3) establish an operating reserve fund for open space districts. CFD 12M will provide the necessary funding for the operation and maintenance of public landscaping and storm water improvements serving Village 7 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 administration, including levying and collecting the special taxes, are also funded from such special taxes. The proposed CFD No. 12M is consistent with the above-mentioned Ordinance and the Goals and Policies. In addition, staffhas 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, were incorporated in the "Rate and Method of Apportionment" (the "RMA") presented at the June 7, 2005, Council meeting. During its June 7, 2005 meeting, the City Council approved Resolution No. 2005-181, which ordered the preparation of a Community Facilities District Report ("Report"). The report includes the following information in greater detail: Area of Benefit The proposed boundaries of CFD No. 12M encompass parcels located within Village 7. The district will be divided into two Improvement Areas based on benefit and developer, one for McMillin Otay Ranch and the other for the Otay Ranch Company. McMillin Otay Ranch LLC owns 100% of the property within Improvement Area No.1. Otay Ranch Company owns 100% of the property within Improvement Area No.2. McMillin Otay Ranch is proposed to contain approximately 538 single-family detached homes, 221 19-2 Page 3, Item ~ Meeting Date 07/12/05 multi-family units, and a public high school on approximately 67.14 net taxable acres. Otay Ranch Company Village 7 is proposed to include 361 single-family detached residences on 50.99 net taxable acres. 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 the Report. 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 T - McMillin Otay Ranch and Otay Ranch Company. The list of the improvements is presented in the report. Cost Estimate The estimated annual budget for CFD No. 12M, Improvement Area No. I presented on June 7, 2005, is approximately $518,902. This budget includes a total of $498,902 (includes additional 10% to fund an operating reserve) for maintenance and $20,000 for CFD administration (preparing reports, levying and collecting taxes, public assistance, etc.) by the Engineering Department. The estimated annual budget for CFD No. 12M, Improvement Area No.2 is approximately $441,049. This budget includes a total of $421,049 (includes additional 10% to fund an operating reserve) for maintenance and $20,000 for CFD administration (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. The detailed budgets are included in the Report. Proposed Special Tax CFD 12M has four proposed categories oftaxation, 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. . The Exempt Category includes all publicly owned parcels, Homeowner's Association parcels, and certain CPF property owned by non-profit organizations. Developed Parcels are those parcels for which a building permit has been issued. The proposed maximum special tax rate in the RMA on all Developed Parcels was 19-3 Page 4, Item 1.9..- Meeting Date 07/12/05 determined by dividing the estimated annual budget at build out (plus an operating reserve allocation of 10% of the annual budget) by the total estimated square footage of development at build out. The proposed maximum special tax rate in the RMA on vacant land has been determined by dividing the estimated annual budget at build out (plus a reserve allocation of 10% of the annual budget) by the estimated net taxable 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 (RMA) of Special Taxes": . 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 Ordinance requires that the developer maintain the landscape improvements for the minimum period of one year following their completion. During this period the District will collect the special taxes with the purpose of building up a six months operating reserve. 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 best estimates by the developers of the square footage of residential development within CFD 12M. In the event that the actual square footage of development is less than the projected square footage on which the computation of the special tax rates has been based, there is a possible shortfall in special tax revenue that can be levied on future residential parcels based on their maximum special tax. If the actual square footage of development meets or exceeds the projections on which the special tax rates were based, the actual special tax rate necessary to be levied annually to fund the Special Tax Liability may be less than the authorized maximum special tax. 19-4 Page 5, Item ~ Meeting Date 07/12/05 . 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. . The annual budget used to calculate the special tax rates are only the "best estimates" of the cost of maintenance at build out. 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 landscaping, unless the property owners approve an increase in the special tax rates (2/3 voter's approval is required), which is considered unlikely. Staff believes, however, that the proposed maximum special tax rates contain enough of a cushion in the operating reserve and the inflation adjustment to minimize the risk of future special tax revenue shortfalls. Proposed Maximum Annual Special Taxes The proposed maximum annual special tax rates for fiscal year 2006/07 for a typical dwelling unit within Improvement Area No. I of CFD 12M is as follows: Unit Tvpe with Averal!e Square Footal!e McMillin Otay Ranch Single Family Detached (Average Product Proposed 1,917 Square Feet) $753.38 Multi-Family (Average Product Proposed 1,308 SF) $514.04 Vacant Land $7,728.42/ Acre The Special Tax Rates for Improvement Area No.2 (Otay Ranch Company) are as follows: Unit T e with Avera e S uare Foota e Ota Ranch Com an Single Family Detached (Average Product Proposed 2,775 $1,490.17 S uare Feet) Multi-Family (Average Product Proposed 1,712 Square $919.34 Feet) Vacant Land $8,649.72 / Acre Resolution There is one resolution on today's agenda, which, if adopted, will accomplish the following: 19-5 Page 6, Item ~ Meeting Date 07/12/05 The RESOLUTION OF FORMATION is the formal action of the City Council forming and establishing CFD No. 12M and authorizes the electors to vote on the special taxes. FISCAL IMPACT All costs of formation of the district are being paid by the developers and the on-going administration will be funded entirely by CFD No. 12M. The City will receive the benefit of full cost recovering for staff cost involved in the following activities: l) District formation (Staff cost estimated at $50,000, and 2) District annual administration costs (estimated annual staff cost each year is $23,850 and an additional $11,000 for the contractual administration for the Engineering Department). Exhibits: l) Community Facilities District Report J:/Engineer/AGENDAlCAS200517-12-05ICFD 12M Staff agenda for PH 06.21.05 ROF.doc 19-6 EXHIBIT CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT 12M (VIllAGE 7, MCMIlliN OTAY RANCH AND OTAYRANCH COMPANY) COMMUNIlY FACILITIES DISTRICT REPORT ~~lt- ~ '~~~ ~. - em OF CHUlA VISTA Submitted: July 12, 2005 II MuniFinancial Corporate Office Office Locations 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587.3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 Anaheim, CA Lancaster, CA Oakland. CA Phoenix, CA Sacramento, CA Seattle, WA _.munl.com 19-7 CITY OF CHULA VISTA CITY COUNCIL STEPHEN C. PADILLA, MAYOR PATTY DAVIS, COUNCILMEMBER JOHN MCCANN, COUNCILMEMBER JERRY R. RlNDONE, COUNCILMEMBER STEVE CASTANEDA, COUNCILMEMBER CITY MANAGER DAVID D. ROWLANDS, JR. 19-8 COMMUNITY FACILITIES DISTRICT REPORT CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 12M TABLE OF CONTENTS PAGE INTRODUCTION ........................................................................................ 1 A. DESCRIPTION OF SERVICES .............................................................2 B. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT .............. 8 c. COST ESTIMATES FOR SERVICES.....................................................8 D. RATES AND METHODS OF APPORTIONMENT OF SPECIAL TAXES.....................................................................................................8 E. GENERAL TERMS AND CONDITIONS ............................................. 9 F. CONCLUSION .......................................................................................9 EXI-IIBIT A ............................................................................................... C-l BOUNDARIES OF DISTRICT AND BOUNDARY MAP ...........................................................................C-I EXI-IIBIT B ................................................................................................ B-1 COST ESTIMATES ............................................................................................................................................B-I EXHIIllT B-l................................................................................. ........................... ..............................................B-6 LANDSCAPE RESPONSIlllLITY MAP, IMPROVEMENT AREA No. I (McMn.I.iN OTA Y RANCH) .......................B-6 EXliIBIT C ............................................................................................... C-l RATE AND METHOD OF APPORTIONMENT.........................................................................................C-I IMPROVEMENT AREA NO. 1.......................................................................................................................C-I RATE AND METHOD OF APPORTIONMENT.......................................................................................C-II IMPROVEMENT AREA NO. 2 .....................................................................................................................C-II 19-9 COMMUNITY FACILITIES DISTRICT REPORT CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 12M (Village 7, McMillin Otay Ranch and Otay Ranch Company) INTRODUCTION WHEREAS, the City Council of the City of Chula Vista (hereinafter referred to as the "Agency" or "legislative body of the local Agency"), in the State of California, did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5 of Part 1, of Division 2, of Title 5 of the Government Code of the State of California ("Act"), and specifically Section 53321.5 thereof 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 ("Ordinance") (the Act and Ordinance may be referred to collectively as the "Community Facilities District Law", expressly ordered by adoption of Resolution No. 2005-181 the filing of a written Community Facilities District Report ("Report") with the Agency for a proposed Community Facilities District with two designated improvement areas, which Community Facilities District shall be referred to as Community Facilities District No. 12M (Village 7, McMillin Otay Ranch and Otay Ranch Company), (hereinafter referred to as "CFD No. 12M"); and WHEREAS, the Report generally contains the following: a. a description of the Services by type which are required to adequately meet the needs of CFD No. 12M; b. an estimate of the cost of providing the Services, including incidental expenses and all other related costs including but not limited to the determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the Agency with respect to CFD No. 12M and any other expenses incidental to the maintenance and inspection of the authorized work to be paid through the proposed special taxes; MuniFinancial Page-J City of Chula VISta Community Facilities District No. 12M 19-10 c. the rates and methods of apportionment of the special tax in sufficient detail to allow each property owner within the proposed CFD No. 12M to estimate the maximum annual amount of payment. For particulars, reference is made to the Resolution of Intention (Resolution No.2005-180) and the Resolution Ordering the Preparation of the Community Facilities District Report (Resolution No. 2005-181) previously approved. NOW THEREFORE, MuniFinancial, the appointed responsible firm directed to prepare the Report, pursuant to the provisions of the Code, does hereby submit the following: A. DESCRIPTION OF SERVICES The public services described below are proposed to be maintained by Community Facilities District No. 12M. The landscaping improvements include, but are not limited to, all landscaping material and facilities within each Improvement Area. These improvements include turf, ground cover, shrubs, trees, plants, irrigation and drainage systems, ornamental lighting structures, masonry walls or other fencing, trails, and associated appurtenant facilities located within the streetscape (parkway, median and slope perimeter landscaping) surrounding the development and trails, perimeter walls, and perimeter fencing in the development. The storm water quality improvements include, but are not limited to, maintenance of all storm water quality improvements within each Improvement Area. These services include the maintenance, repair, and replacement of storm drains, catch basin inserts, hydrodynamic devices, inftltration basins, Vactor truck and similar facilities. Both the landscape maintenance and storm drain maintenance allow for the collection of reserve fund and administration costs. Improvement Area No.1 (McMillin Otay Ranch) Landscapine: 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 MuniFinand4J Page-2 City of Chu/a Vura Community Facilities Distria No. 12M 19-11 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 Slopes - Adjacent to SR125 Planted Area - Slopes Wests Ide Magdalena (outside of g.u.e.ladjacent to Vortac site) 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 Faux Bridge Trees Parkway Trees Median Trees Wolf Canyon Pedestrian Bridge MuniFinandal Page-3 19-12 City ofChuJa VISta Community Facilities District No. 12M Storm Water Quality Maintenance Village 7 Stormwater Maintenance Hydrodynamic Treatment Unit Drainpacs - Maintenance Drainpacs - Replace Filter Bag Wolf Canyon Basin Vegetation Removal Silt Removal Silt Removal Screen Replacement Engineer's Inspection Periodic Inspection and Maintenance Ephemeral Stream Poggi Canyon (30 acres pro-rata) Channel Detention Basin Vactor Truck Replacement (pro-rata) Facilities directly related to removal of contaminants and solids from storm water throughout the Improvement Areas including but are limited to storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and similar facilities. MuniFinancial Page-4 City of Chula VISta Community Facilities District No. 12M 19-13 Improvement Area No.2 (Otay Ranch Company) 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 Theme Wan Median Trees 50% Street Trees Pedestrian Lights Open Space Lot A Landscape Area - irrigated slopes Post & Rail Fencing Solid Theme Wan MuniFinandal Page-5 City of Cbu/a VISta Community Facilities District No. 12M 19-14 Open Space Lot B Landscape Area - irrigated slopes DG Trail Post & Rail Fencing Solid Theme Wall Wrought Iron Fence Open Space Lot J Landscape Area - irrigated slopes Offslte Wolf Canyon Improvements Landscape Area - irrigated slopes DGTrail Post & Rail Fencing Stonn Water Quality Maintenance Village 7 Stormwater Maintenance CDS Screen Assemby Replacement Annual Inspections MaintenancelCleanouts Vortechnic Stormwater Treatment Unit Ephemeral Stream Wolf Canyon Basin Vegetation Removal Slit Removal Engineer's Inspection Periodic Inspection and Maintenance Poggi Canyon (5 acres, pro-rata) Channel Detention Basin Vactor Truck Replacement (pro-rata) Facilities directly related to removal of contaminants and solids from storm water throughout the Improvement Area including storm drains, catch basin inserts, hydrodynamic devices, filtration basins, and similar facilities. MuniFinancial Page-6 City of ChuJa VISta Community Facilities District No. 12M 19-15 SUBSTITUTION OF FACILITES The description of the 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 the service provided by the Facilities and Service described above. MuniFiTl4ncial Pa....7 City of Chula VISta Community Facilities Distria No. 12M 19-16 B. BOUNDARIES OF COMMUNIlY FACILITIES DISTRICT The boundaries of CFD No. 12M coincide with previously established parcels as shown on the latest County Assessor maps or approved parcel maps and include all properties on which special taxes may be levied to pay for the costs of services. The boundaries of CFD No. 12M are described on "Exhibit A", reduced scale maps entitled "Map of Proposed Boundaries, Community Facilities District No. 12M (Village 7)" which are attached hereto and incorporated herein. A full-scale map is on file with the Clerk of the City of Chula Vista and was recorded on June 15, 2005, with the County Recorder, County of San Diego in Book 39 page 51 in the Book of Maps of Assessment and Community Facilities Districts, Instrument Number 2005-0501204. C. COST ESTIMATES FOR SERVICES The establishment of CFD No. 12M was required to fund the perpetual operation and maintenance of slopes, medians, parkways, trails, perimeter walls, perimeter fencing and storm water treatment facilities associated with Village 7, McMillin Otay Ranch and Otay Ranch Company. The initial budgets are estimated to be approximately $518,902 for Improvement Area No.1 and $441,049 for Improvement Area No.2. For the estimated location of the improvements and a more detailed cost estimate, please refer to "Exhibit B". D. RATES AND METHODS OF APPORTIONMENT OF SPECIAL TAXES The Resolution of Intention (Resolution No. 2005-180) generally sets forth the rates and methods of apportionment of the special tax, which allows each property owner within the proposed CFD to estimate the annual amount that would be required for payment if a special tax were levied. For particulars of the rates and methods of apportionment, see "Exhibit C", Rates and Methods of Apportionment of Special Tax. MuniFinancial Page-8 Ciry of Chula Vuta Community Facilities District No. 12M 19-17 E. GENERAL TERMS AND CONDITIONS Services The description of the Services, as set forth herein, is general in nature. The final nature and location of the facilities that will be maintained will be determined upon the preparation of final plans and specifications or the approval of services. F. CONCLUSION Based on information provided by, and discussions with, the Agency and the property owners, the Services and Facilities listed in this Report are those that are necessary to meet increased demands placed on the Agency as a result of development occurring within the boundaries of the City of Chula Vista. Further, it is my opinion that the special tax rates and methods of apportionment as set forth in "Exhibit C" are equitable and are not discriminatory or arbitrary and permit a purchaser of property subject to the special tax a fair means of determining his or her obligation. MuniFinancial By: Chris Fisher MuniFinancial Page-9 City of Chula VISta Community Facilities Distria No. 12M 19-18 ~\!f," ., CHO~~ EXHIBIT A BOUNDARIES OF DISTRICT AND BOUNDARY MAP Boundaries of District: The exterior boundaries of CFD No. 12M are shown on that certain map now on file in the Office of the City Clerk entitled "Map of Proposed Boundaries, Community Facilities District No. 12M (Village 7)". This map indicates by a boundary line the extent of the territory included in proposed CFD No. 12M, each improvement area and shall govern for all details as to the extent of CFD No. 12M and each Improvement Area. The parcels of real property within CFD No. 12M are described more particularly on the Assessor Parcel Maps and recorded Parcel Maps that are on me in the office of the San Diego County Assessor and are incorporated into this Report by reference. Boundary Map: A reduced copy of the Boundary Map follows. The original of such map is on fue in the Office of the City Clerk and in the records of the County Recorder, County of San Diego, and State of California. The shaded portion of IA No.2 extending to the west of La Media Road will be removed from CFD 12M upon recordation of a map that separates it from the remaining parcel that is within CFD 12M. Site Location: Improvement Area No.1 Improvement Area No. 1 (McMillin Otay Ranch) is proposed to include 538 Single Family Residences, 221 Multi-Family units, and 67.14 net taxable acres of Property. Improvement Area No. 1 is located south of Birch Road, adjacent to and west of SR 125, and east of La Media Road and east of Improvement Area 2. Improvement Area No.2 Improvement Area No.2 (Otay Ranch Company) is proposed to include 361 Single Family Residences and 50.99 net taxable acres. Improvement Area No. 2 is located west of Improvement Area 1, adjacent to and east of La Media Road, south of Birch Road, and west of SR 125. MuniFinandal Page A.I City of 0Ju/a VISta Community Facil~ District No. 12M 19-19 - i!s lill . i1!~ la i - .... " '" II ii ~I '" II~ :111 ili " IS ~ ~. ~ Ir II t =~ ~ Ii' .'il I ~ I ~ f t; l~' I !II IS > i I J ~ I ,;1 . i ' s' ~. "I , !U II ! II ii I !I"" * li*' r r.ifli ~~ "e 111 1 " ii~;~1 . i a. II ,; Ii ~ ih=l@ i I' 1* ~ G&~ t:' i-' SI ~ ,..., " 1&'11= , ,.. ~ _,~ l .~ as rl r UJ c.:l :5 mil. ~~ ..J :> ~~ ~. 1Il...... "'.. Cl !:!!:::Ii 111"i ... ill'" D::C'j ::--...JL..--..:i <- "Ml)/d 3~V1l.SV3 C I II z. I i :::::lO OZ ~~I ,it CD\- c~ 8!3 ~~ i!s~= ~ 2;C D::1Il I:~~ Q.UJ Ou 15j 0 !1c~ :::Ii~ Z :::::l r :::Ii ~ U ...... : t, (\j N .... ~ ~ - I~ ~I~ I I I- e '8 ill I ~ L 19-20 I. ~\l(t. ., ""~ CHUIA ISTA EXHIBIT B COST ESTIMATES Improvement Area No.1 I. LANDSCAPE MAINTENANCE BUDGET Area Landscaped Coot Toto' or Quantity Pe, Unit Duration Annual Cost Improvement Area No.1 (McMIllin Vlllage 7) Magd8lena Avenue Planted Area - Slopes - permanent 129,350 $ 0.240 Sq.Fl y, $ 31,044 Planted Area - Parkways 37,800 $ 0.470 Sq.Fl Yr 17,766 Planted Area - Median 12,650 $ 0.540 Sq.Fl y, 6,631 D.G. Trail 620 $ 0.057 Sq.Fl y, 47 Pedestrian Lights 57 $ 195.00 Lioht Yr 11.115 Total $ 86,603 Rock Mountllln Road Planted Area - Median 16,050 $ 0.540 Sq.Fl y, $ 9,747 Planted Ares - Slopes - permanent 41,100 $ 0.240 Sq.Fl y, 9,864 Planted Area - F'ar1tway& 13,700 $ 0.470 8Q.Ft. Yr 8,439 Total $ 26,050 Birch Road Planted Area - Slopes - permanent 176,950 $ 0.240 SQ.Ft Yr $ 42,466 Total $ 42,468 Bob Pletcher WQ" Planted Area - Slopes - permanent 36,740 $ 0.240 Sq.Fl y, $ 8,818 Planted Areas - Parkway 11,200 $ 0.470 Sq.Ft. Yr 5,264 Total $ 14,082 Wott Canyon Loop Planted Area - Stopes - permanent 7,550 $ 0.240 Sq.Fl Yr $ 1,812 Planted Antas - Parkway 11,280 $ 0.470 8Q.Ft y, 5,302 Total $ 7,114 P..body Woy Planted Area - Slopes - permanent 51,050 $ 0.240 Sq.Fl y, $ 12,252 Planted Areas - Parkway 16,300 $ 0.470 Sq.Fl Yr 7,661 Total $ 19.913 Webber W8y Planted Area - Slopes. permanent 2,950 $ 0.240 Sq.Ft. y, $ 708 Planted Areas - Pamvay 1,500 $ 0.470 Sq.Fl y, 705 Total $ 1.413 Slop.. . Temporary G Southem rtm (non~lrrlpted) Pfanted Area ~ Slopes 121,050 $ 0.060 Sq.Fl Yr $ 7,263 Total $ 7,263 Sfopu . Northern Elementary School Planted Area ~ Slopes 20,500 $ 0.240 SQ.Ft. Yr $ 4,920 Total $ 4,920 Slop.. . Adjecenl to SR.125 Planted Area . Slopes 36,000 $ 0.240 Sq.Fl Y, S 8,640 Total $ 8,640 MuniFinancial Pa~lJ.l City of Chula VISta Community Facilities Distria No, 12M 19-21 ~\lI~ .. '''1'(,11 CHUlA vISTA I. LANDSCAPE MAINTENANCE BUDGET Westslde Magdalena (outside of g.u.e./adJacent to Vortac site) Planted Area - Slopes 13,700 $ 0.240 SQ.Ft. Yr $ 3,288 Total $ 3,288 Wolf Canyon Slope 221,000 $ 0.240 Sq.Ft. Yr $ 53,040 D.G.Trall 12,400 $ 0.051 SQ.Ft. Yr 707 Total $ 53,747 Walls, Monuments & Fencing Masonry Walls (s.f. of wall face) 20,150 $ 0.833 Sq.Ft. Yr $ 16,785 View Fence (s.1. efface) 5,770 $ 0.050 Sq.Ft. Yr 289 VIew Walls (s.f. of face) 21,600 $ 0.493 Sq.Ft. Yr 10,649 Spilt Rail Fences (s.f. of face) 18,700 $ 1.500 Sq.Ft. Yr 28,050 Pilaster 6' height 121 $ 0.750 Sq.Ft. Yr 91 Pilaster 9' height 11 $ 0.750 Sq.Ft. Yr 8 Faux Bridge (linear feeU 1 side only) 175 $ 3.500 SCI.Ft. Yr 813 Total $ 56,484 Trees Parkway Trees 577 $ 55.00 Tree Yr $ 31,735 Median Trees 30 $ 85.00 Tree Yr 2,550 $ 34,285 Wolf Canyon Ped..trlan Bridge 1 $ 500 Quantity Yr $ 500 Togl Lanacape Maintenance $ 341,H8 II. STORM WATER MAINTENANCE BUDGET Coo, Service. Tollll Vlllaae 7 Stormwater MalnWi1anca Quantity por Unit perVn, Annual Coat Hydrodynamic Treatment Unit 1 $ 800 Service 4 $ 3,200 Dralnpacs - Maintenance 59 $ 100 Service 4 $ 23,800 Drainpacs ~ Replace Filter Bag 59 $ 200 Service 2 23,800 Total $ 50,400 Wolf Canyon a.aln $ $ Vegetation Removal 1..350 0.22 Sq.Fl Yr 3.157 Slit Removal Maintenance 63,650 $ 0.44 Sq.Fl Yr $ 33,006 Silt Removal Screen Replacement 1 $ 1,000 Service Yr $ 1,000 EngIneers tnspectlcn 1 $ 1,000 Servtce Yr $ 1,000 Periodic Inspection and Maintenance 4 $ 800 Service Yr 2,400 Total $ 40,583 Am. Malnllllned Cool Tollll Ephemeral Stream 111 or Quant Per Duration Annual Coat Ephemeral Stream Yea" 6-10 or as necessary 90.000 10Yrs 9,000 Total $ 9,000 Poggi Canyon (30 .c....) Channel Yr $ 210 Detention Baaln Yr $ 285 Total $ 415 Vactor Truck RII~8Cam.nt 0.13 $ 33.100 Service Yr $ 4,303.00 Total Stonn Watlir Maintenance $ 104,711 TOTAL LANDSCAPE AND STORM WATER MAINTENANCE $ 451,721 III. ADMINISTRATIVE EXPENSES $ 20,000 N.RIINl'Ve $ .7,173 V. Total AnnUIII Coat $ 518,1102 MuniFinancial PagelJ.2 City of Chula VISta Community Facilities DUma No, 12M 19-22 ~\l/t- .. tl"t,l/ CHlJIA vISTA Improvement Area No.2 I. LAND8CAPE MAINTENANCE BUDGET Area Landscaped Cosl Total or Quantttv Per Unit Duration Annual Coat Improvement Area No.2 (Otay Ranch Village 7) Birch Road South Parkway Planted Area. Parkways 13,152 $ 0.470 8q.Ft. y, $ 6,161 Street Trees 32 $ 55.00 Troe Yr 1,760 Total $ 7,941 50% Birch Road Madlan Planted Area - Median 8,189 $ 0.540 8q.Ft. y, $ 4.422 MedIan Trees 6 $ 65.00 Troe Y, 660 Total $ 5,102 La M.dla ROIId East Parkway Planted Area - Par1<ways 46,901 $ 0.470 Sq.Ft. y, $ 22,043 D.G. Trail 14,537 $ 0.057 8q.Ft. y, 629 Street Trees 85 $ 55.00 Tree Y, 4,675 TOIBI $ 27,547 50% La Media Road Median Planted Area - Median 29,111 $ 0.540 8q.Ft. y, $ 15,720 Median Trees 39 $ 85.00 Troa Yr 3,315 Total $ 19,035 SIInbl Luna North Parkway Planted Area - Parkways 20,938 $ 0.470 Sq.Ft. Yr $ 9,841 Street Trees 54 $ 55.00 Tree Y, 2,970 Total $ 12,811 Senti! Luna Medlen Planted Area - Median 810 $ 0.540 Sq.Ft. y, 437 Median Trees 2 $ 85.00 Troa y, 170 TolBl $ 607 SIIntli Luna South Parkway Planted Area - Parkways 26,637 $ 0.470 Sq.Ft. Yr $ 12,519 Street Trees 54 $ 55.00 Tree Y, 2,970 Total $ 15,489 Magdalana AvenuI Planted Anta - Median 2.426 $ 0.540 Sq.Ft. Yr $ 1,310 Planted Area - Parkways 29,057 $ 0.470 8q.Ft. y, $ 13,657 Theme Wall 1,115 $ 0.833 LF Yr 929 Median Trees 50% 5 S 85.00 Troe Y, 425 Street Trees 40 S 55.00 Troe Y, 2,200 Pedestrian Ughts 21 S 195.00 Light Yr 4,095 Total S 22,618 Opon SpI.. Lot A LandlClPO Area - Irrigated elopos 85,525 S 0.240 Sq.Ft. Yr S 20,528 Post & Roll Fencing 230 $ 1.500 LF Yr 345 Solid Theme Wall 1,380 $ 0.833 LF y, 1,133 Total $ 22,004 MuniFi1l41lcial Page 8-3 City of Chula VISta Community Facilities District No. 12M 19-23 .s..lr~ .. CllYlJ/ CHUlA vISTA I. lANDSCAPE MAINTENANCE BUDGET Open Space Lot B Landscape Area - irrigated slopes 702,219 $ 0.240 Sq.Ft Yr $ 168,533 DGTrail 41,964 $ 0.057 Sq.Ft Yr 2,392 Post & Rail Fencing 4,070 $ 1,500 LF Yr 6,105 Solid Theme Wall 600 $ 0.833 LF Yr 500 Wrought Iron Fence 2,285 $ 1.500 LF Yr 3,428 Total $ 180,957 Open Space Lot J Landscape Area - irrigated slopes 154,317 $ 0.240 Sq.Ft Yr $ 37,036 Total $ 37,036 Offalt. Wolf Canyon Improvements Landscape Area - irrigated slopes 27,878 $ 0,240 Sq.Ft Yr $ 6,691 DG Trail 9,888 $ 0.057 Sq.Ft Yr 552 Post & Rail Fencing 430 $ 1.500 LF Yr 845 Total $ 7,888 Total Landscape Maintenance $ 359,034 II. STORM WATER MAINTENANCE BUDGET Cost SeMe.. Total VIllage 7 Stormwat.r Maintenance Quantity por Unit per Year Annual Coat CDS Screen Assemby Replacement $ 1,000 Annual Inspections $ 800 MaintenanceJCleanouts $ 1,750 Vortechnic Stormwater Treatment Unit $ 3,500 Service $ 3,500 Total $ 7,050 Am Malnhllned Cool Tobll Ephemeral Stfll8m (1) or Quantity por Duration Annual Cost Ephemeral Stream Years 6-10 or as necessary $63,813 10 years 8,381 Total $ 8,381 Wolf Canyon Sasln Vegetation Removal (O.2 acres x 43,560 ft per acre) 8,712 $ 0.22 Sq.F!. Yr $ 1,917 Silt Removal (105 cubic yards. 6 in. - 630 sq. yards) 5,870 $ 0.44 Sq.F!. Yr $ 2,495 Engineer's Inspection S 1,000 Service 1 $ 1,000 Period Ins Ion and Maintenance 3 crew 4 hrs $50 $ 800 Service 4 $ 2,400 Total ,811 Poggi Canyon (5 .c....) Channel y, S 35 DetentIon Basin y, $ 48 Total $ 83 Vactor Truck Replacement 0.13 $ 4,585 Sorvlce Yr S 593 Total Storm Water Maintenance S 21.919 TOTAL lANDSCAPE AND STORM WATER MAINTENANCE $ 380.954 III. ADMINISTRATIVE EXPENSES $ 20,000 IV. Re.erve $ 40,085 V. Total Annual Cost $ 441,041 MuniFinancial Page 8-4 City of Chula VISta Community Facilities Distrkt No. 12M 19-24 ~If~ .. llll't)! CHUlA vlSfA SUBSTITUTION OF SERVICES AND FACILITIES The description of the Services and Facilities, as set forth herein, is general in its nature. The final nature and location of the Services and Facilities 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 Services and Facilities in order to provide the public Services and Facilities necessitated by development occurring in CFD No. 12M, and any such substitution shall not be a change or modification in the proceedings as long as such substitute Services and Facilities serve a function or provide a service substantially similar to that function served or the service provided by the Services and Facilities described in this Report. MuniFinanciat Page lJ.S City ofChula VISta Community Facilities District No. 12M 19-25 ~!ft- .. C~~ ~ISTA Exhibit B-1 Landscape Responsibility Map, Improvement Area No.1 (McMillin Otay Ranch) !'IMAIIftlI' !IIIlIlWlIliI"- fil.ft\WI... -1- _"_1- ___I_ CI'a-'---- ----._~ ___ MllJlI.,...... - .- -- --- ---..-.- ----- --- OTAY RANCH V1LLAGI7 CFC BUCOET I!!XI-lIRIT 'A' no ..... MuniFinandal Page B-6 City ofChula VISta Community Facilities District No. 12M 19-26 ~'Ift,. ., c~~ ~15TA EXHIBIT C RATE AND METHOD OF APPORTIONMENT 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 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 ftnal 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 Special Taxes; and any other costs required to form or administer IA No.1 of the CFD as determined by the City. MuniFinancial Page C.] City of Chula VISta Community Facilities District No. 12M 19-27 ~'flt- .. CHO~ ~ISTA "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 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 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, 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 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 Taxis being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. MuniFinanciaJ Page C.] City of Chu/a VISta Community Facilities District No. 12M 19-28 ~1I~ .. cH6~ ~ISI'A "Improvement Area No.1" or "IA No.1" means Improvement Area No.1 of the CFD, as identified on the boundary map for the CFD. "Land Use Class" means any of the classes listed in Table lor 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 IA No.1 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. "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 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 Storm 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. 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. MuniFinancial Page C.3 City of Chu/a VISta Community FaciJitia Distria No. 12M 19-29 ~flt- .. mVt)p CHUlA vISTA "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 1st 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. 1 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. "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.1 to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required 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 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. MuniFinancial Page C-4 City of Chu/a VISta Community Fadlities District No. 12M 19-30 ~lft- .. CHU~~ "Storm Water Quality Maintenance" means the maintenance of detention basins, storm drains, catch basin inserts, hydrodynamic devices, infUtration basins, and all other facilities that are directly related to storm water quality control throughout IA No. 1. "Storm 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.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 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 (iii) Assessor's Parcels defined as Co=unity 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 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. 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. IT the Assessor's Parcel is Undeveloped it shall be classified as Other Taxable Property. MuniFinancial Page C-5 City of Chu/a VISta Community Facilities Distria No. 12M 19-31 ~Ift- ;W; CHOU ~ISIA C. MAXIMUM SPECIAL TAX RATE 1. 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-Residential $5,936.12 per Acre $1,792.30 per $7,728.42 per Property Acre 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. MuniFinancial Page G6 City of Chula VISta Community Facilities District No. 12M 19-32 ~l/t- .. CI1V\II._. CHUIA VI5IA 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 $5,936.12 per $1,792.30 per Acre $7,728.42 per Owner Association Acre Acre Prooertv 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 IA No.1 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 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; MuniFinancial Page C.7 city of Chula VISta Community Facilities District No. 12M 19-33 ~\IIt- .. CHO~ ~ISTA 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; 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 Propenyfor 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.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 Taxis being levied of the organization's non-profit status, and (iii) 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 67.142 Acres. Assessor'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. MuniFinancial Page C-8 City of Cbula VISta Community Facilities Dutria No. 12M 19-34 ~'Ift. .. CHO~ ~ISTA 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 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. E. 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 fmancial obligations of IA No. 1 of the CFD or as otherwise determined appropriate by the CFD Administrator. MuniFinanciaJ Page C.9 City of Chula VISta Community Facilities District No. 12M 19-35 ~\It- .. (IlvtJ' CHUlA VISTA F. 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. MuniFinancial Page C.lD City of Chu/a VISta Community FaciJities District No. 12M 1 9-36 ~\l't.. ., cH6~ '\l15TA RATE AND METHOD OF APPORTIONMENT 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 apponionment of the Special Tax set fonh below. All of the real propeny 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 fonh 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 fmal 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, Pan 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, induding salaries of City employees and a proponionate amount ofthe 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 Special Taxes; and any other costs required to form or administer IA 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 a,ssessor's parcel number. MuniFinancial Page C-ll City o[ChuIa VISta Community Fadlit~ District No. 12M 19-37 ~\II~ .. (11'1')0 CHUIA vISTA "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" 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, as deftned 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 classifted as Developed Property. "Final Subdivision Map" means a subdivision of property creating single family residential buildable lots by recordation of a ftnal 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 Taxis 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 identifted on the boundary map for the CFD. "Land Use Class" means any of the classes listed in Table 1 or Table 2. MuniFinancial Page C-I2 City of Chula VISta Community Facilities DUtria No. 12M 19-38 ~\Ift. .. CHO~ ~ISTA "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 IA 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. "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 Storm 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 Storm 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 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.2 of the CFD that has provided proof to the City prior to the March 1st 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. MuniFinancial Page C-13 City of Chula VISta Community Facilities Distria No. 12M 19-39 ~\It. .. CHO~ ~ISIA "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. "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; (iii) 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. MuniFinancial Page C.14 City ofChula VISta Community Facilities District No. 12M 19-40 ~\!I~ .. cHO~ ~ISTA "Storm 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 (iii) 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 1st 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. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year using the definitions above, all Taxable Property within IA 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 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. MuniFinandal Page C.15 City o[Chula VISta Community Facilities District No. 12M 1 9-41 ~\lI~ .. (11"'._ CHUlA Yl5TA 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 $8,649.72 per Property Acre Acre 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. MuniFinancial Page C-/6 City of Chu/a VISta Community Facilities District No. 12M 19-42 ~Wt- .. (1"'1} CHUlA VISTA 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 Pinal 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 Property Acre Acre 5 Taxable Property $8,152.04 per $497.68 per Acre $8,649.72 per Owner Association Acre Acre Prooerty 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 IA 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 IA 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; MuniFinancial Page C.I7 City of Chula Vosta Community Facilities District No. 12M 19-43 ~\ll~ . CHU~ ~ISTA 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; 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 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 di.e owner of any other Assessor's Parcel within IA No.2 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 Taxis being levied of the organization's non-profit status, and (iii) 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 classmed as exempt property will be classmed 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 MuniFinancial Page C-l8 City ofChula VISta Community Facilities Distria No. 12M 19-44 ~lft. - c.& ~I5TA 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 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 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 fmancial obligations of IA No.2 of the CFD or as otherwise determined appropriate by the CFD Administrator. MuniFinancial PageC-19 City ofChuIa VISta Community Facilities District No. 12M 19-45 ~.\Ift- ., tIIY\ll CHUlA VISTA 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. MuniFinancial Page C.20 City of Chula VISta Community Facilities District No. 12M 19-46 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 12M (VILLAGE 7), DESIGNATION OF IMPROVEMENT AREAS THEREIN AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS WITHIN EACH IMPROVEMENT AREA WHEREAS, a public hearing has been held and concluded, and the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), now desires to proceed with the establishment of 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 referred to collectively as the "Community Facilities District Law"). Such Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 12M (VILLAGE 7) (the "District"); and, WHEREAS, notice of a public hearing relating to the establishment of the District, the extent of the District, the financing of certain types of services and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing to establish such District; and, WHEREAS, all communications relating to the establishment of the District, the designation of the Improvement Areas within the District, the designation of the Improvement Areas, the proposed services and the rates and methods of apportionment of the special tax proposed to be levied within the District have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings or the levy of the special tax within the District; and WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing within the territory of each Improvement Area of the District for at least the preceding ninety (90) days, the authorization to levy special taxes within the District shall be submitted to the landowners of each such Improvement Area, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Determinations. It is hereby determined by this City Council that: RVPUB\MUM\692173. 2 19T47 DRAFT A. All prior proceedings pertaining to the formation of the District and designation of the Improvement Areas were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Community Facilities District Law, and that this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B. The written protests received, if any, do not represent a majority protest as defmed by the applicable provisions of the Community Facilities District Law and, therefore, the special tax proposed to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of California. C. The District as proposed conforms with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts (the "Goals and Policies"), as amended. D. Less than twelve (12) registered voters have resided within the territory of within each Improvement Area within the District for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified electors of such Improvement Area shall be the landowners of the District as such term is defmed in Government Code Section 53317(f) and each such landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within such Improvement Area. E. The time limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of each Improvement Area within the District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of each Improvement Area. F. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution forming and establishing the District. SECTION 3. Community Facilities District Report. The Community Facilities District Report, as now submitted, shall stand as the Community Facilities District Report for all future proceedings and all terms and contents are approved as set forth therein. SECTION 4. Name of District. This legislative body does hereby establish and declare the formation of the Community Facilities District known and designated as "COMMUNITY FACILITIES DISTRICT NO. 12M (VILLAGE 7)." SECTION 5. Boundaries of the District. The boundaries of the District are generally described as follows: DRAFT All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 12M (VILLAGE 7), as shown on a boundary map as previously approved by this legislative body, 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. The boundary map of the proposed District has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the County Recorder of the County of San Diego, at Page 39 of Book 38 of the Book of Maps of Assessment and Community Facilities Districts for such County. SECTION 6. Designation of Improvement Areas. For purposes of fmancing of, or contributing to the financing of the types of services described in Section 7 below, this City Council, acting pursuant to Government Code Section 53350, hereby designates portions of the District as the following Improvement Areas as shown on the Boundary Map of the District: IMPROVEMENT AREA NO. I IMPROVEMENT AREA NO.2 SECTION 7. 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 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 8. Special Tax. Except where funds are otherwise available special taxes, secured by recordation of a continuing lien against all non-exempt real property in the respective Improvement Areas of the District, are hereby authorized, subject to voter approval, to be levied annually within the boundaries of such District. Under no circumstances will the special tax authorized to be levied within an Improvement Area 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 such Improvement Area by more than 10 percent. For further particulars as to the rate and method of apportionment of the special tax proposed to be levied within Improvement Area No.1, 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 such Improvement Area to clearly estimate the maximum amount that such person will have to pay for such services. For further particulars as to the rate and method of apportionment of the special tax proposed to be levied within Improvement Area No.2, reference is made to the attached and incorporated Exhibit RVPUB\MUM\692173. 2 193'49 DRAFT "B," which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within such Improvement Area to clearly estimate the maximum amount that such person will have to pay for such services. The special taxes herein authorized 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; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Chula Vista, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. SECTION 9. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50115.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 8 above: A. Each such special tax shall be levied for the specific purposes set forth in Section 8. above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 8. above. C. The District shall establish a separate account into which the proceeds of each such special tax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually fIle a report with the City Council as required pursuant to Government Code Section 50115.3. SECTION 10. Preparation of Annual Tax Roll. The name, address and telephone number of the office, department or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: Engineering Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 (619) 691-5021 RVPUBIMUMI692173. 2 191150 DRAFT SECTION 11. Election. This legislative body herewith submits the levy of the special taxes to the qualified electors of each Improvement Area within the District, such electors being the landowners within the District with each such Improvement Area with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within each such Improvement Area. This legislative body hereby further directs that a separate ballot proposition relating to the levy of the above referenced special taxes within each Improvement Area be combined and consolidated with the proposition set forth in Section 12 below relating to the establishment of an appropriations limit for the District. The proposition related to the levy of the special taxes shall, together with a proposition to establish an appropriations limit for the District, shall be submitted to the qualified voters at a special election to be held on (a) July 19, 2005 immediately following the adoption of this resolution or (b) such other date as the qualified electors and the City Clerk may mutually agree and such election shall be a special election to be conducted by the City Clerk (hereinafter referred to as the "Election Official"). If either or both of the propositions for the levy of the special taxes receive the approval of more than two-thirds (2/3rds) of the votes cast on the proposition, the special tax thereby approved may be levied as provided for in this Resolution. SECTION 12. Ballot Proposals. The ballot proposals to be submitted to the qualified voters at the election shall generally be as follows: IMPROVEMENT AREA NO.1 PROPOSITION A Shall Community Facilities District No. 12M (Village 7) of the City of Chula Vista be authorized to levy special taxes throughout Improvement Area No. 1 of such district, subject to the accountability measures set forth in Resolution of Formation, within the such district pursuant to the rate and method of apportionment of special taxes (the "Rate and Method") set forth in such resolution for the purpose of financing the Special Tax Requirement as defined in the Rate and Method? IMPROVEMENT AREA NO.2 PROPOSITION B Shall Community Facilities District No. 12M (Village 7) of the City of Chula Vista be authorized to levy special taxes throughout Improvement Area No.2 of such district, subject to the accountability measures set forth in Resolution of Formation, within the such district pursuant to the rate and method of apportionment of special taxes (the "Rate and Method") set forth in such resolution for the purpose of financing the Special Tax Requirement as defined in the Rate and Method? PROPOSITION C RVPUB\MUM\692173. 2 1 9,51 DRAFT Shall the City of Chula Vista Community Facilities District No. 12M (Village 7) establish an Article XIIIB appropriations limit equal to $1 O,OOO,OOO? SECTION 13. Vote. The appropriate mark placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 14. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for holding the above election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the election, including but not limited to, the following: 1. Prepare and furnish to the necessary election supplies for the conduct of the election. 2. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. 3. Furnish official ballots for the qualified electors of the District. 4. Cause the official ballots to be presented to the qualified electors, as required by law. 5. Receive the returns of the election and supplies. 6. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. 7. Canvass the returns of the election. 8. Furnish a tabulation of the number of votes given in the election. 9. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. PREPARED BY: APPROVED AS TO FORM BY: Sohaib AI-Agha City Engineer J:Attomey/Reso/CFD/Chula Vista CFD 12M 7 1205 RVPUB\MUM\692173. 2 19052 COUNCIL AGENDA STATEMENT Item Meeting Date 2.0 7/12/05 ITEM TITLE: Ordinance of the City of Chula Vista amending Chula Vista Municipal Code section 3.18.010 to establish a new amount for the Sewerage Facilities Replacement component of the Sewer Service Charge and allowing the City Council to establish such amounts in the future by Council Resolution Resolution of the City Council of the City of Chula Vista amending the Master Fee Schedule by adjusting and increasing Sewer Service Charges for each of the next five years and approving the transfer of funds from the Trunk Sewer Capital Reserve Fund to the Sewer Service Revenue Fund SUBMITTED BY: City EngineerrJt sA REVIEWED BY: City Mana~ (4/5ths Vote: Yes X No ) - - - STAFF RECOMMENDATION: Council open the public hearing and continue it to July 19, 2005. CITY COUNCIL AGENDA STATEMENT ;) \ Item: Meeting Date: 07/12/05 ITEM TITLE: PUBLIC HEARING: Consideration of PCM-03-32; Amendment of the Otay Ranch Sectional Planning Area (SPA) One Plan to revise the Village One, One West and Five Site Utilization Plan Map by re-designating seven (7) existing privately-owned and maintained recreation facilities from Open Space/Park (OS/P) to Community Purpose Facility (CPF). Applicant - Otay Proj ect, LP. RESOLUTION: Resolution of the City Council approving an amendment to the Otay Ranch Sectional Planning Area (SPA) One Site Utilization Map. ORDINANCE: Ordinance of the City Council approving an amendment to the Otay Ranch Sectional Planning Area (SPA) One Planned Community District Regulations modifying the SPA One Zoning District Map redesignating seven (7) Open Space/Park (OS/P) sites to Community Purpose Facility (CPF). SUBMITTED BY: Director OfPl~ing and BUildin~ REVIEWED BY: City ManagQ (4/5 Vote: Yes_No.l) Otay Project, LP (Otay Ranch Company) requests an amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan, Site Utilization Plan Map and Zoning District Map for the purposes of rezoning seven (7) existing recreation sites (pedestrian parks) currently zoned Open Space/Park (OS/P) to Community Purpose Facility (CPF). These parcels located in Villages One, One West and Five of Otay Ranch, are fully constructed recreation sites owned and maintained by the private Homeowner's Associations (HOA's) known as Otay Ranch One, Three and Five Community Associations. In addition, the Planning Commission effective upon approval of this amendment approved a Conditional Use Permit for these facilities. This amendment is a "clean-up" in nature to the Otay Ranch SPA One Plan. This amendment would add a CPF Master Plan supplement to the SPA document text and would bring existing parcels within SPA One that meet the CPF definition into consistency with the 2003 amendments to the CPF Ordinance in the P-C Zone, Chapter 19.48, and Section 19.48.025 of the Chula Vista Municipal Code. The City's Environmental Review Coordinator has determined that the proposed project was adequately covered in the previously adopted Otay Ranch Amended Sectional Planning Area One Final Environmental Impact Report Plan, (FEIR 97 -03). Thus, no further environmental review or documentation is necessary. 21-1 .n I Page No.2, Item: ,/ Meeting Date: 07/12/05 RECOMMENDATION: That the City Council adopt the Resolution amending the Otay Ranch SPA One Plan and Site Utilization Map, and adopt the Ordinance to modifY the SPA One Planned Community District Regulations, Zoning District Map, to rezone seven (7) existing privately-owned and maintained (HOA) recreation facilities from Open SpacelPark (OSIP) to Community Purpose Facility (CPF). BOARDS AND COMMISSION RECOMMENDATION: On June 8, 2005 the Planning Commission considered the proposal and voted 5 - 0 recommending that the City Council approve the SPA Amendment and redesignations. DISCUSSION: 1. Project Background In 1996, the City Council approved the SPA Plan for Villages One, One West and Five. The plan contained seven (7) pedestrian parks as well as neighborhood parks all of which were zoned Open Space-Park (OSIP) in the Planned Community District Regulations of the SPA Plan. The two (2) neighborhood parks as well as an off-site contribution to the Village Two Community Park (as provided for in the Otay Ranch GDP) satisfied the project's park obligation. The pedestrian parks did not receive park credit but were planned and zoned OSIP. In 2003, the CPF Ordinance of the Planned Community Zone, Section 19.48.025 of the Chula Vista Municipal Code was amended to allow for "Recreational Facilities" such as ball fields, for non-profit organizations (including homeowner's associations serving the local community subj ect to the requirements outlined in 19.48. 040(B)( 6)( d) and subj ect to the findings outlined in subsection (H) of 19.48.025. The applicant has complied with the application requirements identified in 19.48.040(B)(6)(d). Findings required in Section 19.48.025(H) have been evaluated in Attachment #5, Planning Commission Resolution No. PCC-03-83, attached to this report. 2. Project Site Setting The seven (7) existing privately owned and maintained recreation facilities are located throughout Villages One, Five and One West in the Otay Ranch. Originally, the facilities were planned for Open SpacelPark sites intended to serve as neighborhood "amenities" for the village residents. As the single-family neighborhoods were developed, the master developer of the sites, Otay Proj ect, LP designed and developed these small one to two-acre sites to provide for neighborhood recreation activities such as tot-lots, swimming pools, soccer fields, basketball courts, picnic areas, and a focal point for gathering places. Each of the facilities were built by the master developer and are now owned and operated by Master Homeowner's Association(s). 21-2 ,r. j Page No.3, Item: :;- Meeting Date: 07/12/05 In compliance with the policies described in the Otay Ranch General Development Plan and the subsequent Otay Ranch SPA One Plan, the Planned Community (PC) Zone, Chapter 19.48 of the Chula Vista Municipal Code requires each community, or in this case a village, to provide land for Community Purpose Facilities (CPF). The Community Purpose Facility Ordinance, Section 19.48.025 of the CYMC requires 1.39 acres for CPF land for every 1,000 residents of the village. SPA One has an obligation of 28.2 acres of land. A total of 23.6 acres of land have been provided, subject to the consideration of this amendment, leaving a shortfall of 4.6 acres. Pursuant to the policies of the Otay Ranch General Development Plan, CPF acreage obligations may be transferred between villages and SPA areas. Approval of this amendment would add those properties that meet the CPF definition and will help satisfy the existing CPF shortfalL 3. General Plan Land Use and Zoning General Plan The City's General Plan and Otay Ranch GDP designated the land within the Otay Valley Parcel for urban villages that are transit-oriented and pedestrian friendly. Otay Ranch villages are intended to contain higher residential densities and a variety of mixed-uses in the "Village Cores," surrounded by single-family homes in the secondary residential areas outside of the village cores. Zoning The subject properties are currently zoned within the SPA One Planned Community District Regulations as Open Space/Park (OS/P). The proposal includes rezoning the seven recreational sites to Community Purpose Facility (CPF) pursuant to the adopted amendments to the CPF Ordinance in the Planned Community Zone, Chapter 19.48, Section, 19.48.025. Chapter 19.48. P-C -- Planned Community Zone, requires that aminirnum of 1.39 acres of Community Purpose Facilities (CPF) land per 1,000 persons be provided in communities within the P-C Zone. Pursuant to Municipal Code section 19.04.055, CPF means "a land use designation in a planned community intended for non-profit and certain for-profit land uses..." Chapter 19.48.025 provides the following list of uses permitted within the CPF zone, subject to approval of a Conditional Use Permit: 1. Boy Scouts, Girl Scouts, and other similar organizations; 2. Social and human services activities, such as Alcoholics Anonymous; 3. Services for homeless; 4. Services for military personnel during the holidays; 5. Senior care and recreation; 6. Worship, spiritual growth and development, and teaching of traditional family values; 7. Non-profit or for-profit day care facilities that are ancillary to any of the above or as a 21-3 /'), Page No.4, Item: .--!.! Meeting Date: 07/12/05 primary use. For-profit facilities as primary uses are subject to further requirements and additional criteria as outlined in Section (F) below; 8. Private schools that are ancillary to any of the above; 9. Interim uses, subject to the findings outlined in 19.48.025(E); 10. Recreational facilities, such as ball fields, for non-profit organizations (including homeowners associations) serving the local community, subj ect to the requirements outlined in 19.48.040(B)(6)(d) and subject to the findings outlined in 19.48.025(H). Municipal Code Section 19.48.040 requires the preparation of a CPF Master Plan when recreational facilities are proposed to be located in a CFP land use district. The Master Plan "shall show the specific boundaries of said plan which may be the SPA, GDP or planned community boundaries (or more than one GDP as deemed appropriate by the director of planning and building); the distribution of existing and proposed CPF designated parcels within the master plan area; and the tabulation of individual site acreages which shall be prepared and incorporated into the planned community's sectional planning area (SPA) plan... The incorporation of the CPF master plan into the SPA or GDP shall be done through a SPA or GDP amendment/adoption pursuant to Sections 19.48.080 and 19.48.130." The total acreage required may be reduced by the City Council in certain circumstances, such as when shared parking facilities are available with other facilities. The sites identified in the CPF Master Plan are designated in the SPA One Planning Community District Regulations as "CPF" to meet the City's requirements. Land Use Villages One, Five and One West have been developed over the last several years and are almost built-out. The seven privately owned and maintained recreational facilities are generally located within the secondary single-family residential areas of the Otay Ranch Villages. 4. Project Description The application involves a request to amend the Otay Ranch SPA One Plan by modifying the land use designations on the Site Utilization Map from Open SpacelPark (OSIP) to Community Purpose Facility (CPF) and rezoning said parcels on the Zoning District Map from OSIP to CPF. This proposal would provide the master developer with additional CPF "credits" in order to fulfill it's CPF obligations pursuant to the requirements described in the Planned Community Zone, CPF Ordinance of the CYMC, Chapter 19.48.025. The master developer also seeks issuance of Conditional Use Permit(s) for said facilities (see Attachment No.1). The original SPA One Plan identified four (4) CPF sites, two in Village One and two in Village Five. The tabulation of CPF land in SPA One had identified a shortfall in obligation, however, the Otay Ranch GDP allows for transfer of obligation from one village to another. The new CPF Master Plan boundary encompasses Otay Ranch SPA One (Villages One, Five and One West). 21-4 rd Page No.5, Item: ::-'! Meeting Date: 07/12/05 The proposal includes seven (7) additional sites, which are geographically distributed throughout SPA One to make facilities and services accessible to the local community. These private recreational facilities are conveniently located in neighborhoods to encourage local residents to walk to the facilities and to serve their day-to-day recreational needs. Based on the current up-to- date development statistics for the SPA One, the overall combined CPF acreage provided is as follows: Village One Village Five Village One West Telegraph Canyon Estates TOTAL SPA Population 8,830 7,877 2,621 CPF Acreage 19,328 Required 12.3 10.9 3.6 1.4 28.2 Provided 10.6 12.5 0.5 o 23.6 It should be noted that while the addition of seven facilities to the CPF "inventory" for SPA One has increased, there would still be an overall shortfall in acreage provided versus acreage required as noted above. Although there is a total of7 .5-acres found in these seven recreational facilities, not more than 35 percent of an entire CPF Master Plan area can consist of recreational facilities and count towards the overall total of CPF acreage required. Thus, the master developer will be providing additional CPF acreage elsewhere in Otay Ranch, potentially in Villages Two and Three, to make up for this shortfalL Attachment one identifies the CPF sites, which are described in more detail in the following project data. 5. Project Data The following is an inventory of the II CPF sites located within the CPF Master Plan area Villages One, Five, and One West. The four sites not being considered as part of this amendment were already land use designated as Community Purpose Facility (CPF) properties. Village One CPF-1 (Existing Day Care Center): Located in the Heritage Town Center mixed use area of the Village One core, this 1.5-acre CPF site contains a for-profit day care center that includes a 10,515 square foot day care center building, an approximately 16,000 square foot outdoor pay area and 43 parking spaces. CPF-2 (Vacant): Located in the Village One core area, this 4.5-acre CPF site is vacant and graded. 21-5 'I Page No.6, Item: v ' Meeting Date: 07/12/05 CPF-3 (Existing Pedestrian Park): Located south of East Palomar Street in Village One, this D.8-acre private recreation facility (Wisteria Park) is owned and maintained by the Otay Ranch One Community Association. The facility includes a large tot-lot, covered trellis picnic area with tables, benches and a drinking fountain, and an open turf play field. CPF-6 (Existing Pedestrian Park): Located north of East Palomar Street in Village One, this 2.2- acre private creation facility (Oakcrest Park) is owned and maintained by the Otay Ranch One Community Association. The facility includes a large open turf play field and three interpretive gardens featuring planting legends engraved in granite and set into seat walls enclosing each garden. CFP-7 (Existing Pedestrian Park): Located north of East Palomar Street in Village One, this 0.8- acre private recreation facility (Orchard Park) is owned and maintained by the Otay Ranch One Community One Association. The facility includes a tot-lot, trellis covered picnic area with tables, an open turf play field and a Y, court basketball court. CPF-8 (Existing Pedestrian Park): Located adjacent to Heritage Park in the Village One core, this D.8-acre private recreation facility (Heritage Swim Club) is owned and maintained by the Otay Ranch One Community Association. The facility includes a Jr. Olympic swimming pool, a 1,381 square foot community meeting room and restroom/changing room building, a 592 square foot staff office building, an outdoor fireplace and patio area. Village Five CPF-4 (Existing Pedestrian Park): Located within the Village Five core, this 4.8-acre site is owned by San Diego Calvary Chapel and includes a worship center, parking and ancillary school uses. CPF-5 (Vacant): Located within Village Five core, this 4.5-acre parcel is a graded and vacant site. This site has been sold to San Diego Calvary Chapel and is the site of a future private school. CPF-7 (Existing Pedestrian Park): Located in the center of Village Five, this l.3-acre private recreation facility (Countryside Swim Club) is owned and maintained by the Otay Ranch Five Community Association. The facility includes a Jr. Olympic swimming pool, a 476 square foot meeting room, a 196 square foot staff office building, a 98D square foot restroom/changing room building and an outdoor patio area. CPF-8 (Existing Pedestrian Park): Located in the northeast portion of Village Five, this l.l-acre private recreation facility (Countryside Park) is owned and maintained by the Otay Ranch Five Community Association. This facility includes a tot-lot, trellis covered picnic areas, outdoor BBQs, a Y, court basketball court and an open turf play field. 21-6 /)J Page No.7, Item: (:<'" " Meeting Date: 07/12/05 Village One West CPF-9 (Existing Pedestrian Park): Located south of East Palomar Street in Village One West, this 0.5-acre private recreation facility (Heritage Hills Swim Club) is owned and maintained by the Otay Ranch Three Community Association. This facility includes a Jr. Olympic swimming pool, outdoor patio area, a 1,050 square foot restroom/changing room building and on-site parking. 6. Staff Analysis The proposed amendment to the Otay Ranch SPA One Plan to revise the Site Utilization Plan Map and Zoning District Map to modify the land use and zoning designation of seven (7) recreation facilities from Open SpacelPark (OSIP) to Community Purpose Facility (CPF) complies with the Community Purpose Facility Ordinance. The amendments satisfy a portion of the CPF requirement for SPA One. The pedestrian parks comply with the findings required by the CPF section of the Code, in that the sites are not less than 0.5 usable acres in size (usable means level areas with a maximum slope of5:1) and the recreational facilities are compatible with the surrounding land uses. The facilities are generally located within single-family residential areas and provide a neighborhood amenity for residents. The pedestrian parks that are less than an acre in size contain the following recreational amenities: a. One multi-purpose hard court; b. Children's play area; c. Community gathering place; d. Level lawn area The recreational facilities located on one-acre parcels or larger will contain all the amenities listed in subsection (h) (3) plus one or more of the following sport court/fields: e. Swimming pool f. Full-size sport court/field. CONCLUSION: Staff believes that the amendment to the Otay Ranch SPA One Plan for modifying the land use designation and rezoning seven privately-owned and maintained sites in Villages One, One West and Five are consistent with the recent amendments to the CPF Ordinance and maintain policy consistency with the Otay Ranch GDP policies, and recommends approval of the amendments. Map subject to the conditions listed in the City Council Resolution. FISCAL IMPACT: There are no fiscal impacts from the preparation of this staff report and the processing of this Sectional Planning Area (SPA) One Plan Amendment. All costs are covered by the deposit accounts. 21-7 ")1 Page No.8, Item: ;~ Meeting Date: 07/12/05 ATTACHMENTS: 1. Otay Ranch SPA One Locator Map 2. Application and Disclosure Statement 3. Planning Commission Resolution No. PCM-03-32 4. 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TIlE OTAY RANCH COMPANY 610 W, Ash Str<et, S.il: 1500 S.n Di<go, CA 92101 619-234-4050 619-234-4088 (FAX) . . .fa' >cIimi" :.:','::" i', ,~::' ':,':'" '~::..,.':..~": ':"':/::::,;:;;,:" '~ ,.. '" t, ,,,': I!J;I, , " . .. . \ ' '::" '.. . ..: : . " ". ' ,," ". ,~., ,". '.' '.'.,:" """ ,', " ".. .." ,.:.'!!. <.:',! .. To, Harold Ph.lps Fall: 409-5859 From: Rani. Hunter Date: 6/22/2005 Re: HOA Signatures Pag": 4 cc: John Mullen 409-5823 o Ur;ent iii For Review o PIea&e Comment o Please Reply [J Please Recycle . . . . . . . . . . Harold, Attached are the signatures for the 3 Clay Ranch HOA party to the SPA One CPF amendment. Please let me know when the CUP needs to be signed, Thanks, Ranie ., ~ :. ,.; .... ~ II to . . , . . . . . . . . . . . .. . . . . . .. 21-14 JU,N.)2~ ,20.0.5E 3 :.E~MM NO, 998 p, 2 to_I....... . I .. Development Processing Application Form ~ Type B Signature Page By: Ann~~1M- D~: Board Chair, Otay Ranoh One Community Association '1J&fN... '2~15" ..(1 t.~J ~- By: Date: Stephanie O'Connor Board Chair, Otay Ranch Five Community Association By: Date: ' Juan Campos , Soard Chair, Otay Ranch Three COl'T1munity A$$ociation 21-15 JUN, 22, 2005 3:27PM NO. 998 P. 3 Development Processing Application Form - Type B Signature Page By: Date: Anne Clayton Board Chair, Otay Ranch One Community Association BY(~~~ D,te nle 'Con or Board Chair, Otay Ranch Five Community Association ta/q Jn~ , I By: Date: Juan Campos Board Chair, Otay Ranch Three Community Association 21-16 NU'NO.9981. :P. 4 k: ..:..JUN. 22. 2005G 3: 28PfltM ~~:;.T.:'I./ '~.\ ~"l,. ~ !;:.:. -,:: ~ \."' . . ..; 'I , By: By: Development ProcessIng Application Form - Type B Signature Pag.e Date: Arl'ne Clayton Board Chair, Olay Ranch One Community ~88oclatlon Date: Stephanie O'Connor Board' Chair. Olay Ranch FIVe Community Association By: Date: /7 fll'lf- .,tooS- m~ ' Chair, Olay Ranch Three Community A1l80cl6ltlon 21-17 I TYPE OF REVIEW REQUESTED (Check One) li (j;l Condttionol Use Permit [staff use onM Case No.: Pcc.- 03-8'-\ FIling Dele: 3-.a.(.,-'o~ By: Li o Variance Assigned Planner: tuhff.F I t..- O Design Review Receipt No.: l \ Project Acct: B e, - l\ :l '+ o Special Land Use Permit (Redew/oP7lent Areas Only) Deposit Acct....J:::lS. - ~L\S- . Relat~cses: PCM.-o~-~J.' I S-o!:.-Oill o Miscellaneous: l.A. 0 Public Hearing I APPLICANT INFORMATION I Applicant Name Phone No. Otay Project LP 619-234-4050 Applicant Address 350 West Ash Street, Ste. 730 San Diego, CA 92101 Applicanfs Interest in Property If applicant is not owner. owne~s authorization Ii} Own o Lease o In Escrow o Op1ion to purchase is required to process request. See signature on Page Two. Architect/Agent Phone No. N/A Architect/Agent Address I GENERAL PROJECT DESCRIPTION (for all types) I Project Name Proposed Use Otay Ranch SPA One Private Recreation CUPs Private Recreation General Description of Proposed Project (Please use,Appendlx A to prcNide a full ctescrJptton and Justification for ttJe project] Issuance of ~UPs for seven private recreation facilities as required by the City of Chula Vista CPF Ordinance. I Has a representative attended a Pre-Appllcation Conference to discuss this prcject? no It so. what was !he dote? Pre-App No.: I SUBJECT PROPERTY INFORMATION (for all types) I Locatlon/SITeet Address Dray Ranch SPA One, Villages One, Five and One West IAssesso~s I'Orcel NO. I Total Acreage Velopment Area (If applicable) see attached list 7.5 n/a I\...urrent General t'lon ueslgnanon I \...ulTent lone uesrgnanon . Plannea \.,;ommunny IU oppllcable) PC CPF Otay Ranch I\...urrent Lana use Is this in Montgomery S.P.? Private Recreation Facilities 21-18 no ~v~ ~ - --- .= 01Y OF OiUlA VISrA l:rV:JA~ A l"'IC!rOl r_........I"<I.....1 CITY OF CHULA VISTA Planning & Building Department 276 Fourth Avenue (619)691-5101 Development Processing Application Form - Type A Page One ~{lt- -~- ... -= CITY OF CHULA VISTA Planning & Building Department 276 Fourth Avenue (619)691-5101 Development Processing Application Form Page Two 01Y OF OiUlA VISTA (staff use onlY] Case No.: PROPOSED PROJECT (all types) Type of Use Proposed Landscape Coverage (% of Lot) o Resid!3ntial 0 Comm. o Ind. filOther Building Coverage (% of lot) RESIDENTIAL PROJECT SUMMARY Type of Dwelling Unit(s) Number of Lots No. of Dwelling Units Proposed Existing lBR 2BR 3+BR Total LJensity (lJuS/acreJ MOXImum tlullolng Helgm MinimUm Lof~lZe IAverage LOT ::ilZe Perkina Sooces JQ!Q! Off-street Type of Parking (size: whether CO\Ieredl I Required 'cYy Code: i Provided: lopen Spoce Description (Acres each of private. common. and JondSCoping) I NON-RESIDENTIAL PROJECT SUMMARY SEE ATTACHED FACILITY DESCRIPTIONS Gross Floor Area (sf) Proposed Existing i Building Height Hours of Operation (Days & Hours) i [Anticipated Total # Empioyees IMox. # ot t:ml5lOYeesCfanyonefime I Iparking Spaces Required Spaces Provided Type of parking [size) I # of StuaentS/Chlloren I~ cp;:ilicablel AgeO! nTS/cnllaren (If applicablel ::;eatIng capacity i Dote 6/ (J.? J D 3 Date I I Print Applicant or Agent Nome gJ)~~~k Owner Signature. (Required It ;.ppticont is not Owner) . Letter of OM1er consent may be used in lieu. of signotu231 -1 9 Otay Project LP Print Owner Nome Assessor Parcels Subject to Proposed Conditional Use Permit Villaqe Property Owner APN One P-3 Otay Ranch One HOA 642-622-23 P-4 Otay Ranch One HOA 642-071-24 P-12 Otay Ranch One HOA 642-073-51 Heritage Swim Club Otay Ranch One HOA 642-560-12 Five Countryside Swim Club ORC 643-450-77 P-10 Otay Ranch Five HOA 643-261-10 One West Heritage Hills Swim Club Otay Rocking Horse, LLC 641-070-71 21-20 ~l~ -.- ~- - ~~ CJIY Of CHUlA VISrA Planning & Building Department Planning Division - Development Processing 276 Fourth Avenue, Chula Vista, CA 91910 (619) 691-5101 Application Appendix "A" PROJECT DESCRIPTION AND JUSTIFICATION PROJECT NAME: APPLICANT NAME: Please describe fully the proposed project, any and all construction that may be accomplished as a result of approval of this project and the project's benefrts to yourself, the property, the neighborhood and the City of Chula Vista. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. For all Conditional Use Permits or Variances, please address the required "Findings" as listed in listed in the Application Procedural Guide. Description & Justification. The proposed project includes a Conditional Use Permit for seven private recreation facilities within Otay Ranch SPA One. These facilities are owned and operated by three separate master homeowner associations (Otay Ranch One, Otay Ranch Five and Otay Ranch Three homeowner associations). With the approval of the CUPs, these facilities would satisfy a portion of the CPF requirement for SPA One. Detailed facility descriptions are provided in the SPA One CPF Master Plan attached. 21-21 Appendix B THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The following infonmation must be disclosed: 1. List the names of all persons having financial interest in the property which is the subject of the application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier. A 1 R;11 n'Wi n Jim Baldwin Otay Pro;ect LP . 2. If any person. identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Al Baldwin Jim Baldwin 3. If any person. identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the tr:ust. N/A 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes No -K- If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Al Baldwin Jim Baldwin Rob Cameron Kim Kilkenny Kent Aden Chuck Cater, Ranie Hunter 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes _ No ~ If yes, state which Councilmember(s): 'bate: (NO"" ATTACN AoomONAL PAGES ~ ~ 3/t3/0'?J . . t~0 ' ignature of contractor/applicant Otay Proiect LP Print or type name of contractor/applicant · Person is defined as: "Any individual, firm. co-partnership, joint venture, associan'on. social club. freaterna/ organization, corporation, estate, trust. receiver, syndicate, this t1J'ld any other county, city an4!:~1Mf02city municipality, district. or ocher political subdfvision, or any other group or combination -acting as a unit. .. APPENDIX C (1 00) DEVELOPMENT PERMIT PROCESSING AGREEMENT Permit Applicant: Applicant's Address: Type of Permit: Agreement Date: Deposit Amount: Ota" Pro; ect LP 350 West Ash, Suite 730 San Diego, CA 92101 This Agreement ("Agreemenr) between the City of Chula Vista, a chartered municipal corporation ("City") and the forenamed applicant for a development permit ("Applicant"), effective as of the Agreement Date set forth above, is made with reference to the following facts: Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has required to be obtained as a condition to permitting Applicant to develop a parcel of property; and, Whereas, the City will incur expenses in order to process said permit through the various departments and before the various boards and commissions of the City ("Processing Services"); and, Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with providing the Processing Services; Now, therefore, the parties do hereby agree, in exchange for the mutual promises herein contained, as follows: 1. Applicant's Duty to Pay. Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's Duty to Pay." 1.1. Applicant's Deposit Duty. As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ('Deposit"). 1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to continue Processing Services. The duty of Applicant to initially deposit and to supplement said deposit as herein required shall be known as 'Applicant's Deposit Duty". 2. City's Duty. City shall, upon the condition that Applicant is no in breach of Applicant's Duty to Payor ," Applicant's Deposit Duty, use good faith to provide processing services in relation to Applicant's Permit application. 2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City. 21-23 APPENDIX C (2 of3) 2.2. By execution of this agreement Applicant shall have no right to the Permit for which Applicant has applied. City shall use its discretion in valuating Applicant's Permit Application without regard to Applicant's promise to pay for the Processing Services, or the execution of the Agreement. 3. Remedies. 3.1. Suspension of Processing In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to suspend and/or withhold the processing of the Permit which is the subject matter of this Agreement, as well as the Permit which may be the subject matter of any other Permit which Applicant has before the City. 3.2. Civil Collection In addition to all other rights and remedies which the City shall otherwise have at law or equity, the City has the right to collect all sums which are or may become due hereunder by civil action, and upon instituting litigation to collect same, the prevailing party shall be entitled to reasonable attomey's fees and costs. 4. Miscellaneous. 4.1 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested at the addresses identified adjacent to the signatures of the parties represented. 4.2 Governing lawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 4.3. Multiple Signatories. If there are multiple signatories to this agreement on behalf of Applicant, each of such signatories shall be jointly and severally liable for the performance of Applicant's duties herein set forth. 4.4. Signatory Authority. This signatory to this agreement hereby warrants and represents that he is the duly designated agent for the Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory shall be personally liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been authorized to execute this Agreement by " Applicant. .' 21-24 APPENDIX C (3 00) 4.5 Hold Harmless. Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of City's actions in processing or issuing Applicant's Permit, or in exercising any discretion related thereto including but not limited to the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, actions or proceedings arising from the sole negligence or sole willful conduct of the City, its officers, or employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgement or not. Further, Applicant, at its own expense, shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such actin, but such participation shall not relieve the applicant of any obligation imposed by this condition. 4.6 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement against the City unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorpo'rated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista 276 Fourth Avenue Chula Vista, CA By: Dated: 11'0/03 Ranie Hunter Vice President ~ fatay Project LP By: _...::;,. 21-25 1\ j. [:" . ---; !<' ..} ...-/~! ,.,.'" ;", : \ ,.1, .i. .~ ': ? -. --' - <..- RESOLUTION NO. PCM-03-32 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE OTAYRANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, AND ADOPT AN ORDINANCE TO MODIFY THE OTAY RANCH SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS. WHEREAS, the properties which are the subject matter of this resolution are. identified as Exhibit "A," "B," and "c" and attached to City Council Resolution and are commonly known as Community Purpose Facility (CPF) sites ("Property"); and, WHEREAS, an application (PCM 03-32) to amend the Otay Ranch Sectional Planning Area (SPA) One Plan was filed with the City of Chula Vista Planning and Building Department on June 7, 2004 by Otay Project, LP, The Otay Ranch Company ("Applicant"); and, WHEREAS, the application(s) request an amendment to the Otay Ranch SPA One Plan including a modification to the land use designation on the Site Utilization Plan for Villages One, One West and Five; the addition of a CPF Master Plan supplement to the document; and a revision to the SPA One Planned Community District Regulations, Zoning District Map to rezone seven (7) existing privately-owned and maintained (HOA) recreation facilities from Open Space/Park (OS/P) to Community Purpose Facility (CPF) for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and satisfying a portion of the CPF requirement for SPA One ("Project"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-0 I, SCH #941 0 I 046 ("EIR 95-0 I ") and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("EIR 97-03"); and, WHEREAS, the City's Environmental Review Coordinator conducted an Initial Study (IS- 03-031) on the project for compliance with the California Environmental Quality Act and determined that the proposed project was adequately covered in previously adopted Otay Ranch Amended Sectional Planning Area One Final Environmental Impact Report Plan, (FEIR 97-03). Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Proj ect site at least ten days prior to the hearing; and WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely 21-26 6:00 p.m., May 18, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. WHEREAS, said hearing was continued to 6:00 p.m., June 8, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of the Project is consistent with the Chula Vista Municipal Code, City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached resolution approving the amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan with the findings in said resolution. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached Resolution adopting an ordinance amending the Otay Ranch SPA One Planned Community District Regulations, to rezone seven (7) existing privately-owned and maintained (HOA) recreation facilities from Open Space/Park (OS/P) to Community Purpose Facility (CPF) for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and satistying a portion of the CPF requirement for SPA One. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that a copy of this resolution be transmitted to the owners of the property and the City Council. ASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 8th day of June, 2005 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Marco Polo Cortes, Chair ATTEST: Diana Vargas, Secretary J:\PLANNINGIHAROLDlOR-DOCs\CPF _ SP Al_AMEND]C _ RESO.DOC 21-27 ;\j;.-,' "1""..1 ,\,',\.1' r'~-- d rr: \i' \{f"_(-.'.... !' "'" ~ RESOLUTION NO. PCC-03-83 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA GRANT A CONDITIONAL USE PERMIT FOR SEVEN (7) EXISTING PRIVATELY-OWNED AND MAINTAINED (HOA) RECREATION FACILITIES PURSUANT TO TITLE 19, SECTION 19.48.025 OF THE CHULA VIST A MUNICIPAL CODE. WHEREAS, the properties which are the subj ect matter of this resolution are identified as Exhibits "A", "B" and "c" attached hereto and are commonly known as Community Purpose Facility (CPF) sites ("Property"); and, WHEREAS, an application (PCC-03-83) was filed with the City ofChula Vista Planning and Building Department on June 7, 2004 by Otay Project, LP, The Otay Ranch Company ("Applicant") and requests consideration of granting a Conditional Use Permit for seven (7) existing privately-owned and maintained (HOA) recreation facilities ("Project") in Villages One, One West and Five for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and satisfying a portion of the CPF requirement for SPA One; and, WHEREAS, the application requests granting a Conditional Use Permit to Otay Ranch One Community Association, Otay Ranch Three Community Association and Otay Ranch Five Community Association, as owners of subject property; and, WHEREAS, the development of the Property has been the subj ect matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-0 I, SCH #941 0 I 046 ("EIR 95-01") and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("EIR 97-03 "); and, WHEREAS, the City's Environmental Review Coordinator conducted an Initial Study (IS- 03-031) on the project for compliance with the California Environmental Quality Act and determined that the proposed project was adequately covered in previously adopted Otay Ranch Amended Sectional Planning Area One Final Environmental Impact Report Plan, (FEIR 97-03). Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely 6:00 p.m. May 18, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. 21-28 WHEREAS, said hearing was continued to 6:00 p.m., June S, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION, does hereby grant a Conditional Use P=it (PCC-03-S3) for subject property in accordance with Section 19.4S.025 of the Chula Vista Municipal Code subject to the fmdings outlined in Section 19.4S.025(H) and Section 19.4S.040(B)(6)(D) as described in Section I below and the conditions as described in Section II below. I. FINDINGS A. APPROVAL OF RECREATIONAL FACILITIES SHALL BE BASED UPON EVIDENCE DETERMINED TO BE SUFFICIENT BY THE CITY THAT THE PROPOSED RECREATIONAL FACILITY MEETS THE FOLLOWING MINIMUM REQUIREMENTS: 1. THE SITE SHALL BE NO LESS THAN 0.5 USABLE ACRES IN SIZE (USABLE MEANS LEVEL AREAS WITH MAXIMUM SLOPE OF 5:1). All seven of the facilities meet this requirement. ll. THE RECREATIONAL FACILITY IS COMPATIBLE WITH THE SURROUNDING LAND USES. All seven of the facilities meet this requirement. The facilities are generally located within single-family residential area and provide a neighborhood amenity and convenience for residents. Ill. A RECREATIOAN FACILITY LOCATED ON A PARCEL OF LESS THAN ONE ACRE WILL CONTAIN AT LEAST ONE OF THE FOLLOWING RECREATIONAL AMENITIES: a. One multi-purpose hard court; b. Children play area; c. Community gathering place; d. An outdoor cooking facility; and, e. Level lawn area CPF-3, CPF-7, CPF-S and CPF-9 are all under one-acre in size and provide at least one of the amenities described above. IV. RECREATIONAL FACILITIES LOCATED ON ONE-ACRE PARCELS OR LARGER WILL CONTAIN ALL THE AMENITIES LISTED IN SUBSECTION (H)(3) OF THIS SECTION PLUS ONE OR MORE OF THE FOLLOWING SPORT COURT/FIELDS: 21-29 a. Tennis court; b. Swimming pool; c. Ful1 size sport court/field; or, d. Other sport facilities determined to be suitable for the neighborhood this facility is intended to serve, al1 as determined by the zoning administrator. Recreational facilities proposed for ful1 or partial CPF credit shall either contain the facilities as set forth in this section or alternative recreational facilities as approved by the zoning administrator. CPF-2, CPF-6, CPF-8 and CPF-9 are al1 over one-acre in size and include at least one additional amenity as described in Section N above. II. CONDITIONS A. The conditions of approval for this permit shal1 be applied to the subject property. Procedures for enforcement of this permit are set forth in Chula Vista Municipal Code section 19.14.270 and are incorporated herein by reference. The existence of this use permit with approved conditions shal1 be recorded with the title of the property. Prior to the issuance of the building permits for the proposed unit, the applicant/property owner shall provide the Planning Division with a recorded copy of said document. B. This permit shal1 be subject to any and all new, modified or deleted conditions imposed after approval ofthis permit to advance a legitimate governmental interest related to health, safety or welfare which the City shal1 impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. C. Any deviation from the above noted conditions of approval shal1 require the approval of a modified conditional use permit. D. Applicant shal1 and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fess (col1ectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) the instal1ation and operation of the facility permitted hereby, including without limitation, ant and al1liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant shal1 acknowledge its agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. Applicant's compliance with this provision 21-30 is an express condition of this Conditional Use Permit and shall remain binding this provision shall be binding on any and all of applicant's/operator's successors and assigns. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner andlor applicant, and a signed, stamped copy of this recorded document shall be returned within ten days of recordation to the Agency's secretary. Failure to return said document to the Agency's secretary shall indicate the property owners/applicant's desire that the project, and the corresponding application for building permits andlor a business license, be held in abeyance without approval. Said document will also be on file in the Agency's office and known as document No._. Signature of Otay Project, LP Date Signature of Board Chair, Date Otay Ranch One Community Association Signature of Board Chair, Date Otay Ranch Three Community Association Signature of Board Chair, Date Otay Ranch Five Community Association EFFECTIVE DATE; The approval of this Conditional Use Permit by the Planning Commission shall not be effective until approval by the City Council of the amendments to the Otay Ranch SPA One Plan re-designating the land use designation on the site utilization plan map and re-zoning the Planned Community Zoning District map of the seven recreational facilities from OSIP to CPF. 21-31 It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby approve Conditional Use Permit PCC-03-83 in accordance with the findings and subject to the conditions contained in this resolution. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 8th day of June, 2005 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Marco Polo Cortes, Chair ATTEST: Diana Vargas, Secretary J:\PLANNINGIHAROLDlOR-DOCs\CPF _ SP Al_AMEND]C _CUP _ REsO.DOC 21-32 RESOLUTION NO. DRAFT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE SITE UTILIZATION MAP. WHEREAS, the properties which are the subject matter of this resolution are identified as Exhibit "A", "B" and "C" attached hereto and are commonly known as Community Purpose Facility (CPF) sites ("Property"); and, WHEREAS, an application (PCM 03-32) to amend the Otay Ranch Sectional Planning Area (SPA) One Plan was filed with the City of Chula Vista Planning and Building Department on June 7, 2004 by Otay Project, LP, The Otay Ranch Company ("Applicant"); and, \ WHEREAS, the application(s) request to amend the Otay Ranch SPA One Plan including modifying the land use designation on the Site Utilization Plan for Villages One, One West and Five; adding a CPF Master Plan supplement to the document; and to revise the SPA One Planned Community District Regulations, Zoning District Map to rezoning seven (7) existing privately-owned and maintained (HOA) recreation facilities from Open Space/Park (OSIP) to Community Purpose Facility (CPF) for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and satisfying a portion of the CPF requirement for SPA One ("Project"); and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("ErR 95- 01") and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("ErR 97-03"); and, WHEREAS, the City's Environmental Review Coordinator has determined that the proposed project was adequately covered in previously adopted Otay Ranch Amended Sectional Planning Area One Final Environmental Impact Report Plan, (FEIR 97-03). Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., June 8, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, 21-33 DRAFT WHEREAS, by a vote of 5-0-0-2 the Planning Commission recommended approval the project; and WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista on said Project; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on June 8, 2005, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Second-Tier Final EIR 95-01 and Final EIR 97-03, would have no new effects that were not examined in said Final EIR [Guideline 15168 (c)(2)]. III. ACTION The City Council hereby approves the amendment to the Otay Ranch SPA One Plan, including modifying the land use designation on the Site Utilization Plan for Villages One, One West and Five; and adding a CPF Master Plan supplement to the document for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and satisfying a portion of the CPF requirement for SPA One. The approval of the amendment is based upon findings contained herein and is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. SPA PLAN FINDINGS A. THE OTAY RANCH SPA ONE-PLAN AMENDMENTS ARE IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND CITY OF CHULA VISTA GENERAL PLAN. The Otay Ranch SPA One Plan amendment to modify the land use designation on the Site Utilization Plan for Villages One, One West and Five, and add a CPF Master Plan supplement to the document for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and to satisfy a 21-34 DRAFT portion of the CPF requirement for SPA One reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED AMENDMENTS TO THE OTAY RANCH SPA ONE PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Otay Ranch SPA One Plan amendment involves existing facilities and does not affect the development of the SPA One Area, which is generally built-out. C. THE PROPOSED OTAY RANCH SPA ONE PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch SPA One are designed for residential enjoyment and convenience. The privately owned and maintained recreation sites provide residents with convenient neighborhood amenities as promoted by the goals and objectives of the Otay Ranch General Development Plan. A comprehensive street network serves the Project and provides for access to off-site adjacent properties. The proposed SPA Plan amendment follows all existing environmental protection guidelines through the provision of mitigation measures specified in the Otay Ranch SP A One Final Second-Tier Environmental Impact Report (Fimil EIR 95- 01 and 97-03). D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The Project does not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The Project does not involve these Institutional, Recreational or similar uses. 21-35 DRAFT F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The circulation system depicted in the SPA Plan is consistent with the Circulation system identified on the City's General Plan and Otay Ranch General Development Plan and contains adequate internal circulation consistent with the policies of the Otay Ranch General Development Plan and the City's General Plan. The Project will not add any new traffic volumes. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). The location of proposed commercial development area in the Village One core area of SPA One does not affect the subject Project and is consistent with the requirements of the SPA One Plan. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The SPA One plan is consistent with the approved plans and regulations applicable to surrounding areas and therefore, said development can be planned and zoned in coordination and substantial compatibility with said development. The proposed amendments to the SPA One Plan is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan, as amended. V. CONDITIONS OF APPROVAL The Project does not require any new conditions of approval. All prevIOus conditions of approval remain in full force and effect. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition 21-36 DRAFT herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Jim Sandoval Planning and Building Director 21-37 DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING THE SPA ONE ZONING DISTRICT MAP REDESIGNATING SEVEN (7) OPEN SP ACE/P ARK (OS/P) SITES TO COMMUNITY PURPOSE FACILITY (CPF). WHEREAS, the properties which are the subject matter of this ordinance are identified as Exhibit "A", "B" and "C", attached hereto and are commonly known as Community Purpose Facility (CPF) sites ("Property"); and, WHEREAS, an application to amend the Sectional Planning Area (SPA) One Planned Community District Regulations, Zoning District Map, was filed with the City of Chula Vista Planning and Building Department on June 7, 2004 by Otay Project, LP, The Otay Ranch Company ("Applicant"); and, WHEREAS, the modified Otay Ranch SPA One Planned Community District Regulations, Zoning District Map, is intended to ensure that the Otay Ranch SPA One Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City ofChula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch SPA One area to exist in harmony within the community ("Project"); and, WHEREAS, the amended Otay Ranch SP A One Planned Community District Regulations, Zoning District Map, is established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch SPA One Land Use Plan of the amended SPA One Plan; and, WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations modifies the SPA One Zoning District Map for Villages One, One West and Five to reflect rezoning of seven (7) existing privately-owned and maintained (BOA) recreation facilities from Open Space/Park (0 SIP) to Community Purpose Facility (CPF) forthe purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and satisfying a portion of the CPF requirement for SPA One; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("FEIR 95-01") and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("FEIR 97-03"); and, 21-38 DRAFT Ordinance No. Page 2 WHEREAS, the amended Otay Ranch SPA One Plan refmes and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council ofthe City of Chula Vista on October, 28,1993, and as amended on May 14,1996, and November 10,1998; and, WHEREAS, the City's Environmental Review Coordinator has determined that the proposed project was adequately covered in previously adopted Otay Ranch Amended Sectional Planning Area One Final Environmental Impact Report Plan, (FEIR 97-03). Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-03-32) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet ofthe exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. June 8,2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, by a vote of 5 - 0, the Planning Commission recommended approval the project; and, WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the Otay Ranch SPA One Amendment and adopting the ordinance to modify the Otay Ranch SPA One Planned Community District Regulations, Zoning District Map for Villages One, One West and Five; and, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: r <. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the amended SPA One Plan held on June 8, 2005 and the minutes and resolutions there from, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby amends the SPA One Planned Community District Regulations by modifying the Zoning District Map for Village One, One West and Five, as identified as 21-39 DRAFT Ordinance No. Page 3 Exhibit "D" in this ordinance, finding that it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Proj ect, as described and analyzed in the Second-Tier Final EIR 95-01 and Final EIR 97-03, would have no new effects that were not examined in said Final EIR [Guideline 15168 (c)(2)]. IV. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Mitigation Monitoring Program for FEIR 95-01 and FEIR-97-03. V. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the FEIR 95-01 and FEIR-97-03 adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168(e)]. VI. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption Presented by Approved as to form by ah~~ ~ Moore ity Attorney Jim Sandoval Planning and Building Director 21-40 PAGE 1, ITEM NO.: MEETING DATE: &~d- 07/12/05 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: PUBLIC HEARING TO AMEND THE FISCAL YEAR 2005-2006 ANNUAL ACTION TO REALLOCATE $244,362 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005-06 CDBG/HOME ANNUAL ACTION PLAN TO REALLOCATE $244,362.00 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND AUTHORIZING SUBMITTAL OF THE ANNUAL ACTION PLAN AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND AUTHORIZING THE APPROPRIATION OF $12,126.00 SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOll';2/. LI" REVIEWED BY: CITY MANAGEit> / 4/5THS VOTE: YES ~ NO D BACKGROUND During the past several months staff has continued to work with HUD representatives to resolve issues with the City's administration of the federal Community Development Block Grant (CDBG) program. In January, one of the issues raised was the City's inability ta spend grant funds in a timely manner. At that time, the City had a fund balance of $5.2 million. This amount exceeded the required balance amount by $1.9 million. In order for the City to be in compliance and avoid recapture of grant funds, the City would need to spend a minimum of $1.9 million by April 30, 2005. In an effort to address the issue, staff worked with various City departments to reallocate unencumbered funds to projects, which could expend the funds in a timely manner. The director of General Services presented staff with a street, sidewalk and drainage improvement project in the western part of the City. The total project cost was $1.5 million and was completed within 2 months of the of the construction contract award. The expenditures for this project, combined with the City's code enforcement programs totaled $2.6 million - exceeding HUD requirements and expectations. HUD has advised staff that although the administration af the grant programs has improved significantly, there are still remaining issues to resolve. In particular, HUD has identified two areas of concern: 22-1 PAGE 2, ITEM NO.: MEETING DATE: ......, r,: i:.~ i;"'" 07/12/05 1. The City has expended funds in excess af the maximum allawable for public service activities in previous years (1999-2003) as follows: Public Service Activities 1999 2000 2001 2002 2003 Total I Excenditures over 15% $108,212 $24,962 $6,350 $16,563 $12,350 $168,437 2. The City approved the following project which did not meet eligibility standards: Project Amount Funded Reason for Ineliaibililv Notional Little League: $75,925 In order for the project to qualify for funding as a public facility, Field Improvements the city must demonstrate that the baseball field is accessible to the general public. The baseball field is located on Harborside (Harborside Elementary) Elementary school ground and is closed to the oublic. In order to rectify the first issue, the City must reimburse HUD a total of $168,437 for the overexpenditure from a nan-CD8G funding saurces (General Fund). Once the funds are received by HUD, the funds will then be depasited back into the City's CDBG Line of Credit and available for the City's use for other CDBG eligible project. A portion of the reimbursement amount ($156,311) has already been appropriated in the approved 2006 Budget. The remaining partion ($12,126) still needs to be appropriated. To resolve the second issue, the City must remove the ineligible proiect from the 2004-05 CDBG Spending Plan and once again identify a non-CDBG funding source to fund the project. In return, the $75,925 previously committed CDBG funds also become available for use in anather eligible project. The funds for this activity have also been appropriated in the approved 2006 Budget. The total amount of funds available from both of these transactions total $244,362. In order for the City to fulfill its repayment obligations with a zero net effect on the General Fund, staff has identified an eligible project within the City's General Fund budget for use of the CDBG funds _ the Chula Vista Firefighting Equipment Project. RECOMMENDATION That the City Council adopt the fiscal year 2005-2006 Annual Action Plan Amendment to the United States Department of Housing and Urban Development and thereby: . Appropriate $12,126 from the General Fund for reimbursement to the U.S. Department of Housing and Urban Development. . Reimburse $168,437 to the Department of Housing and Urban Development for the overexpenditure of Public Services funds for program years 1999,2000,2001,2002 and 2003. 22-2 PAGE 3, ITEM NO.: MEETING DATE: v...."; . 07/12/05 . Reimburse of $75,925 to the National Little League from the 2005-06 General Fund budget. . Amend the 2005-2006 Annual Action Plan and reallocate $244,362 of CDBG Returned Grant Funds to the CDBG capital improvement project entitled, Chula Vista Fire Fighting Equipment. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION CDBG and HOME programs are central to supporting our non-profit partners in developing affordable housing, supporting essential social services, and contributing towards community enhancement and economic development programs. The Action Plan is developed using significant public and non-profit input and it describes the City's spending priorities. It also serves as the primary document that addresses three of HUD's grant programs. Under the provisions of 24 CFR 570.301 of the Community Development Block Grant regulotions, modifications to the Action Plan such as new allocotion priorities or changes in the distribution of funds, constitutes as 0 substontial amendment. A substantial amendment requires the City to meet its citizen participatian requirements, which include a 30-day review period as well as a public hearing. The review period was held from June 3 thru July 5, 2005. The proposed amendment ta the Action Plan will allow the City to reallacate a tatal of $244,362 of HUD CDBG Returned Funds to a new Capital Project - Chula Vista Fire Fighting Equipment. This amendment is necessary in arder ta rectify the issues of concern raised by HUD. The returned funds are fram the reimbursement of Public Service funds overexpenditure. A portion of the reimbursement amount ($156,311) has already been appropriated in the approved 2006 Budget. The remaining portion ($12,126) still needs to be appropriated. FISCAL IMPACT 22-3 PAGE 4, ITEM NO.: MEETING DATE: -) --, ')'\:::?'-~ 07/12/05 A total of $244,362 will be used for the reimbursement to HUD and the Little League. $232,235 has been appropriated in the 2005-06 Budget, the remaining balance ($12,126) still needs to be appropriated. The total amount reimbursed to HUD and the Little League will be reallocated to expenditure within the General Fund budget, resulting in a zero net effect on the General Fund. ATTACHMENTS First Amendment to the 2005-2006 Action Plan J:\COMMDEV\STAFF.REP\2005\05-12-05\CDBG Amendment Staff Report.doc 22-4 DRAFT RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005-06 CDBG/HOME ANNUAL ACTION PLAN TO REALLOCATE $244,362.00 OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND AUTHORIZING SUBMITTAL OF THE ANNUAL ACTION PLAN AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND AUTHORIZING THE APPROPRIATION OF $12,126.00 WHEREAS, on May 10, 2005, the City Council approved submittal of the Community Development Block Grant (CDBG) and the HOME Investment Partnership (HOME) Program Annual for Fiscal Year 2005-06, respectively, to the U.S. Department of Housing and Urban Development; and, WHEREAS, Department of Housing and Urban Development (HUD) has requested the City to reimburse them $168,437 for the overexpenditure of Public Services funds for program years 1999, 2000, 2001,2002 and 2003; and, WHEREAS, the National Little League Project was granted $75,925 in the 2004- 2005 Annual Action Plan and was deemed ineligible per HUD regulations; and, WHEREAS, in order to correct the issues, the City must reimburse HUD $168,437 and remove the $75,925 from the 2004-2005 spending plan and reallocate the total of $244,362 to an eligible project; and, WHEREAS, on June 21, 2005 the City Council adopted the Fiscal Year 2005- 2006 Budget which included an appropriation of $232,235 for this purpose; and, WHEREAS, the City must appropriate an additional $12,126 to complete the required amount; and, WHEREAS, significant programmatic and funding changes to the Plan constitute an amendment to the Plan and therefore requires a 3D-day public review and comment period in compliance with the Federal regulations governing the CDBG Program and the City's Citizen Participation Plan; and WHEREAS, the 3D-day public comment period began on June 3, 2005, with a Public Notice of the Amendment published in the Star News, and ended on July 5, 2005 with no comments received. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that in order to comply with HUD regulations and meet it's obligation to the National Little League, it hereby authorizes the following actions: 22-5 DRAFT Resolution Page 2 of 2 . Appropriation of $12,126 from the General Fund for reimbursement to the U.S. Department of Housing and Urban Development. . Reimbursement of $168,437 to the Department of Housing and Urban Development for the overexpenditure of Public Services funds for program years 1999, 2000, 2001, 2002 and 2003. . Reimbursement of $75,925 to the National Little League from the 2005-06 General Fund budget. . Reallocation of $244,362 to the capital improvement project entitled, Chula Vista Fire Fighting Equipment. Presented by Approved as to form by Laurie Madigan Director of Community Development C""~J~I hity Attorney J:\CO!\.1MDEV\RESOS\2005\07 -12-05\CDBG Amendment Reso.doc 22-6 FIRST AMENDMENTTO THE 2005-2006 ACTION PLAN COMPONENT OF THE 2005-2010 FIVE-YEAR CONSOLIDATED PLAN DRAFT A. BACKGROUND The Action Plan serves the following functions: a planning document for the jurisdiction built on a public participation process beginning at the citizen level; a combined application for federal funds under three of the U.S. Department of Housing and Urban Development (HUD) formula grant programs; and an action plan for each of the five years included in the planning period. The overall goals of the Action Plan are: to strengthen partnerships among all levels of government and the private sector, including for-profit and not-for-profit organizations; and to enable these partners to provide decent housing, establish and maintain a suitable living environment and expand economic activities for every citizen, particularly very-low-income persons and the homeless. B. AMENDMENT In order to insure timely expenditure of federal Community Development Block Grant funds, the City of Chula Vista will complete an amendment to the 2005-2006 Action Plan. The following amendment to the 2005-2006 Action Plan is recommended for submittal to the United States Department of Housing and Urban Development. The amendment to the 2005-2006 Annual Plan will allow the City to reallocate $244,362.00 of Community Development Block Grant Funds to a new capital project. The 2005-2006 Action Plan is amended as follows: 1. Po e 4 of 45 Table 1: Summar of Annual Funds for FY 2005/06 Income not previously $ $ ram $ $ $ Funds for PY 1999, $ Total Fundin Sources: $ 2,261,525 38,000 75,925 992,114 34,958 87,011 168,437 o 3,657,970 First Amendment to the 2005-2006 Annual Action Plan July 1 2. 2005 Page 1 of 2 22-7 DRAFT . During program years 1999, 2000, 2001, 2002 and 2003, the City exceeded its allowed 15% expenditure cap on Public Services totaling $168,437. This amount represents the reimbursement to HUD. . During program year 2004, the City funded an ineligible project. The project was removed from the 2004 Action Plan; and the funds were returned to the City. 2. Page 5 of 45 Table 2: List of Proposed Projects for FY 2005-2006 . The additional funds identified ($244,262) will be allocated towards a new Public Facility Improvement Project - the "Chula Vista Firefighting Equipment" With the foregoing exceptions, each and section of the 2005-2006 Annual Action Plan shall remain in full force and effect. C. PUBLIC PARTICIPATION PROCESS A public comment period on the amendment was conducted from June 3, 2005 thru July 5, 2005. Copies of the draft amendment were made available for public review at the Community Development Department. In addition, a public meeting was scheduled for Tuesday, July 12, 2005 in the City Council Chambers located in the Public Services building, 276 Fourth Avenue at 6:00 p.m. The public was also encouraged to review the 2004 Annual Plan amendment and provide written comments on or before July 5, 2005. 0, CONTACT For further information, please contact Angelica Davis, Community Development Specialist II, at the City of Chula Vista Community Development Department, 276 Fourth Avenue, Chula Vista, California 91910; (619) 691-5036; adavis@ci.chula- vista.ca.us. First Amendment to the 2005-2006 Annual Action Plan July 12, 2005 Page 2 of 2 22-8 ~f~ iiiIIJli; ~~~~ OJY OF 0iUIA VISrA ~ ~\~\dJ \~ ri., Human Resources Department Q~&,~ Interoffice Memorandum DATE: May 24,2005 TO: The Honorable Mayor Padilla FROM: Marcia Raskin, Director of Human Resources (rl. SUBJECT: CIVIL SERVICE COMMISSION VACANCY Mctr~ t--~ /10.1''' V 1\05 /\\'J The following nomination is for the upcoming Civil Service Commission vacancy. This vacancy is the result of the end of Mr. Chidester's 2nd four-year term and as specified in the Charter, it is the responsibility of the classified employees to nominate up to 4 individuals for appointment by the City Council. The employees submitted four names, however, only one has accepted the nomination: David Marrufo. In accordance with the Charter, the City Council may now make an appointment to fill this position. If you have any questions. please do not hesitate to contact me at X3104. cc: Application for Membership on City Commission rrr,-: yYlo.f 1;1. tp I S a. -.J,orrtUJ" f~,t Worf(5 fn(3.r1~gv rJ1ffl- / -......-.. ._,-"_.+.......- --...--'---." ..,-.--.--....."- .-.--- ,.., _... ... - ..~----_.__.- -,~ . ~{~ ~ ~<--~ Mayor and City Council City Of Chula Vista 276 Fourth Avenue Chura Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO CllY OF CHUIA VISTA Friday, July 01, 2005 TO: Lorraine Bennett, Deputy City Clerk FROM: Natalie D. Flores, Executive Secretary RE: Appointment to Nature Center Board of Trustees Mayor Stephen Padilla would like to recommend the following community member to fill a vacancy on the Nature Center Board of Trustees: Barbara Main Please place this on the July 12, 2005 Council agenda for ratification. ~Nk2d&4- Natalie D. Flores Executive Secretary o' , Bo..<6o.;rtA ~ \.S CL ")'YI..O'\""'~' or tk LlY\i ~ ~ ~ Co rv\ m...1itu.- ( e '" - vt-r. eo:.J g) ()IC. 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