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Home My WebLink AboutAgenda Packet 2005/10/25 ~~~ ::~~ ......~ ""---..;. ""'-- -...... CllY OF CHUlA VISTA Stephen C. Padilla, Mayor Patty Davis, Councilmember David D. Rowlands, Jr., City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk Steve Castaneda, Councilmember October 25, 2005 6:00 P.M. Council Chambers Public Services Building 276 Fourth Avenne CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor PadiIla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE CONSENT CALENDAR (Items I through 10) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. I. APPROVAL OF MINUTES of the Adjourned Regular Meeting of October 4, Regular Meetings of October 4 and October 11, and Special Meeting of October 18, 2005. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum requesting an excused absence for Councilmember Rindone from the Council Meeting of October 11,2005. Staffrecommendation: Council excuse the absence. B. Letter of resignation from Stacey Stevenson, member of the Child Care Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE AND THE OUTDOOR LIGHTING ZONES MAP, DATED SEPTEMBER 2, 2005 (SECOND READING) The state mandates that jurisdictions within the state start enforcing the 2005 California Energy Code on October 1, 2005. This ordinance adopts the California Energy Code and an outdoor lighting zones map. The ordinance was introduced on October 11, 2005. (Director of Planning & Building) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A ZONE CHANGE TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY (PC) DISTRICT REGULATIONS LAND USE DISTRICTS MAP (SECOND READING) Otay Project, LP (Otay Ranch Company) proposes a mixed-use project in the Village Six core, along both sides of East Palomar Street, providing approximately 20,000 square feet of ground floor commercial retail space on the south side and 20 live/work shopkeeper units on the north side. The project includes 158 for-sale condominium units on both sides of East Palomar Street, between View Park Way and Magdalena Avenue, including units reserved for low-income households. The ordinance was introduced on October II, 2005. (Director of Planning & Building) Staffrecommendation: Council adopt the ordinance. 5. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 5.36 PERTAINING TO MASSAGE PARLORS (SECOND READING) A recent review of the City's ordinance relating to massage parlors has shown that some practitioners are being licensed in Chula Vista after being denied a license in other cities within San Diego County. Some massage business practices are also umegulated in Chula Vista. The proposed ordinance updates Chula Vista's ordinance relating to massage parlors to regulate those practices and be more consistent with ordinances of other cities within San Diego County. This ordinance was introduced on October 11, 2005. (Police Chief) Staff recommendation: Council adopt the ordinance. 6. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17.10 OF THE MUNICIPAL CODE RELATING TO THE REVIEW AND ADJUSTMENT OF PARK ACQUISITION AND DEVELOPMENT FEES TO PAY FOR THE ACQUISITION OF LAND AND THE DEVELOPMENT OF PARK FACILITIES (SECOND READING) Page 2 - Council Agenda http://www .chulavistaca.gov October 25, 2005 In July 2004, the Council increased the parkland acquisition and development (PAD) fees for parkland acquisition and development. Since that time, land values have increased substantially, generating the need to adjust the parkland acquisition component of the fee. The proposed increases ensure that sufficient PAD fee funds are available for the City to meet park facilities thresholds. This ordinance was introduced on October 11, 2005. (Director of General Services) Staff recommendation: Council adopt the ordinance. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES TO THE CHULA VISTA CONSTRUCTION STANDARDS AND SUBDIVISION MANUAL Proposed changes to federal accessibility standards were published in July 2004. At that time, the City Engineer appointed a team of City staff to review the City's current requirements, specifications, and standards for the design and construction of public work projects and update them, if necessary. As a result of the review process, staff recommends changes to both the City standards for curb ramps and the Subdivision Manual to reflect and comply with the existing and proposed regulations of the Architectural and Transportation Barriers Compliance Board. (City Engineer) Staffrecommendation: Council continue this item to November 22,2005. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH DEKRA-LITE INDUSTRIES INe. AND APPROPRIATING $53,250 FROM THE CITY'S RESIDENTIAL CONSTRUCTION TAX (RCT) FUND TO IMPLEMENT THE DOWNTOWN AMBIENT TREE LIGHTING PROGRAM (4/5THS VOTE REQUIRED) For the past six years, the City has provided annual holiday decor and tree canopy lighting in the downtown area. By separate action, the Council approved an expanded holiday decor program on October 4,2005. While tree lighting was initially part of the holiday decor, maintaining the downtown tree lights as a year-round amenity proved to be popular with businesses and residents. Staff issued a request for proposals in early August 2005 to solicit proposals from tree lighting companies for the most effective way to provide year-round tree lighting. Dekra-Lite Industries is proposed as the contractor for this work. (Director of Community Development) Staffrecommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND AWARDING A PURCHASING AGREEMENT TO WEIDNER INC. TO DEVELOP STRATEGIC BUSINESS PLANS FOR CITY DEPARTMENTS Page 3 - Council Agenda http://www.chulavistaca.gov October 25, 2005 Adoption of the resolution awards a contract to Weidner Inc. to develop strategic business plan for City departments. Weidner's "Managing for Results" model is consistent with the City's Performance Management Framework previously adopted by the Council. Weidner Consulting has extensive experience working with public sector organizations and recently completed a strategic business plan for the Office of Communications and Fire, Police, Finance and General Services Departments. (Director of Budget and Analysis) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF FIFTH AVENUE AND NAPLES STREET (TF-318) TO HMS CONSTRUCTION, INCORPORATED AND TRANSFERRING FUNDS THEREFOR The traffic signal installation at the subject intersection was approved and budgeted as part of the fiscal year 2005 capital improvement program. Adoption of the resolution authorizes staff to transfer funds in the amount of $28,660 to this project from the cost savings of the traffic signal installation project at Fifth Avenue and Moss Street (TF-315). The scope of the project includes the installation of a fully actuated traffic signal system and ancillary work at the subject intersection. (City Engineer) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS 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 generalZv 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. II. PUBLIC HEARING TO TAKE PUBLIC TESTIMONY ON THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. B-1 (OTAY RANCH - VILLAGE SEVEN) AND TO CONSIDER THE AUTHORIZATION TO LEVY SPECIAL TAXES AND TO INCUR A BONDED INDEBTEDNESS SECURED BY SUCH SPECIAL TAXES Page 4 - Council Agenda ht1p:/ /www.chulavistaca.gov October 25, 2005 On February 1, 2005, the Council accepted the Otay Project, L.P. application and approved the initiation of proceedings to consider the formation of Community Facilities District No. 13-1 (CFD 13-1). On September 20, 2005, the Council approved the Resolution of Intention to form CFD 13-1 and the Resolution of Intention to incur a bonded indebtedness and set the public hearing for October 25,2005. CFD 13-1 will fund the construction of public facilities such as roadways for the Village Seven project. In addition, a portion of the proceeds may be authorized to be used for certain public facilities as directed by the City. Adoption of the proposed resolutions continues the formal proceedings leading to the establishment of CFD 13-1 and authorizes, subject to the approval of the qualified electors, the levy of special taxes, amendment of the rate and method of apportionment, amendment of the boundary map and issuance of bonds secured by the levy of such special taxes. (City Engineer) Staffrecommendation: Council open the public hearing, take public testimony, close the public hearing and adopt the following resolutions: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDED BOUNDARY MAP FOR COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH - VILLAGE SEVEN), FORMING AND ESTABLISHING SUCH COMMUNITY FACILITIES DISTRICT AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN SUCH COMMUNITY FACILITIES DISTRICT TO THE QUALIFIED ELECTORS THEREOF RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS FOR COMMUNITY FACILITIES DISTRICT NO. 13-1 (OT A Y RANCH - VILLAGE SEVEN), SUBMITTING TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT SEPARATE PROPOSITIONS TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, TO AUTHORIZE SUCH COMMUNITY FACILITIES DISTRICT TO INCUR A BONDED INDEBTEDNESS SECURED BY THE LEVY OF SUCH SPECIAL TAX TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT, AND GIVING NOTICE THEREON 12. CONSIDERATION OF APPROVAL OF PCS 05-10, A TENTATIVE MAP TO SUBDIVIDE 1.08 ACRES AT 916 FOURTH AVENUE INTO A ONE-LOT CONDOMINIUM PARCEL CONTAINING 15 RESIDENTIAL UNITS (APPLICANT: OAK FOURTH DEVELOPMENT, LLc.) The applicant, Oak Fourth Development LLC, has submitted an application for a tentative subdivision map to convert an existing IS-unit apartment complex to 15 condominium units for individual ownership. The 1.08-acre project is located at 916 Fourth Avenue. Staffrecommendation: Council open the public hearing, take public testimony, close the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN 1.08 ACRES AT 916 FOURTH AVENUE FOR A ONE-LOT CONDOMINIUM CONTAINING 15 RESIDENTIAL UNITS - OAK FOURTH DEVELOPMENT, LLC Page 5 - Council Agenda http://www.chulavistaca.gov October 25, 2005 OTHER BUSINESS 13. CITY MANAGER'S REPORTS 14. MAYOR'S REPORTS . Ratification of appointment of Jerome Sandoval to the Child Care Commission. 15. 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). 16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . City ofChula Vista, et al. v. CPUC (Rulemaking Nos. R-03-1O-003 and R-OI-IO- 024) 17. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . One case ADJOURNMENT to the Regular Meeting of November 1,2005, at 4:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access. attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 6 - Council Agenda http://www .chulavistaca.gov October 25, 2005 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 4, 2005 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:51 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 Mayor Padilla ABSENT: Councilmembers: Davis (excused) 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 . OATHS OF OFFICE Armida Martin Del Campo - Housing Advisory Commission Rita Legaspi - International Friendship Commission City Clerk Bigelow administered the oath of office to Armida Martin Del Campo and Rita Legaspi, and Councilmember McCann presented each with a certificate of appointment. . INTRODUCTION BY JIM SANDOVAL, DIRECTOR OF PLANNING AND BUILDING, OF THE EMPLOYEE OF THE MONTH, JOAN SCHMID, CODE ENFORCEMENT OFFICER II Mayor Padilla read the proclamation, and Councilmember McCann presented it to Joan Schmid. . PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO CHRIS REDO, CHAIRPERSON OF THE CHULA VISTA CULTURAL ARTS COMMISSION, PROCLAIMING OCTOBER AS NATIONAL ARTS & HUMANITIES MONTH Mayor Padilla read the proclamation, and Councilmember McCann presented it to the Cultural Arts Commission Chair, Chris Redo. . PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO LYNN FRANCE ON BEHALF OF THE CITYWIDE SAFETY COMMITTEE, PROCLAIMING THE WEEK OF OCTOBER 3, 2005 THROUGH OCTOBER 7, 2005 AS DRIVE SAFELY TO WORK WEEK Mayor Padilla read the proclamation, and Councilmember McCann presented it to Conservation Coordinator Lynn France. /A-/ IL__ ......... DRAFT SPECIAL ORDERS OF THE DAY (Continued) . ANNOUNCEMENT BY RYAN HALL, AIRPORT SYSTEM PLANNER II, SAN DIEGO REGIONAL AIRPORT AUTHORITY, OF A TOWN HALL MEETING REGARDING THE FUTURE OF AIR TRANSPORT A TION IN THE REGION Ryan Hall invited the community to attend the San Diego Regional Airport Authority Town Hall meeting on October 5, 2005, in Council Chambers, ITom 6:00 p.m. to 8:00 p.m., to discuss the future of air transportation in the region. CONSENT CALENDAR (Items 1 through 15) Councilmember Rindone requested that Item 2A be removed ITom the Consent Calendar. Councilmembers Rindone and Castaneda requested that Item 9 be pulled ITom the Consent Calendar for discussion. Item 13 was pulled for discussion at the request of Councilmember Castaneda. Councilmember McCann stated that he would abstain from voting on Item 14, because he owns property within the vicinity of the Rohr Park recreational trail. 1. APPROVAL OF MINUTES of the Regular Meeting of August 9, 2005. Staffrecommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS B. Letter of resignation ITom Edward J. Nagorski, member of the Board of Appeals and Advisors. Staffrecommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. C. Letter of resignation from Gustavo Bidart, member of the Housing Advisory Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. ORDINANCE NO. 3022, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO ESTABLISH THE UNCLASSIFIED POSITION OF COASTAL/ENVIRONMENTAL POLICY CONSULTANT TO THE MAYOR On September 20, 2005, the Council approved a resolution authorizing an additional support position in the Office of the Mayor and Council. Adoption of the ordinance adds the position to Municipal Code section 2.05.010, relating to unclassified positions, as required by City Charter. This ordinance was introduced on September 20,2005. (City Manager) Staff recommendation: Council adopt the ordinance. Page 2 - Council Minutes http://www.chulavistaca.gov /A-2- October 4, 2005 DRAFT CONSENT CALENDAR (Contmued) 4. RESOLUTION NO. 2005-327, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REAL PROPERTY PURCHASE AGREEMENT WITH MARIA LUISA FONT!, TRUSTEE, ET AL., FOR THE ACQUISITION OF A PORTION OF THE PROPERTY COMMONLY KNOWN AS III COUNTRY CLUB DRNE (APN 573-410-04) IN FEE; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; AND AUTHORIZING STAFF TO EXECUTE ALL OTHER DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION Adoption of the resolution approves an agreement to purchase a portion of III Country Club Drive, in fee. The majority of this land is within the Telegraph Canyon Creek and is unusable to the property owner. The remainder to the west of the channel is severed from the owner's property. (City Engineer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2005-328, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF EAST NAPLES STREET AND OLEANDER AVENUE (TF-324), TO T & M ELECTRIC, DBA PERRY ELECTRIC The traffic signal installation at the subject intersection was approved and budgeted as part of the Fiscal Year 2005 Capital Improvement Programs. The scope of the project includes the installation of a fully actuated traffic signal system and other necessary work to complete the project. (City Engineer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2005-329, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $6,000, AND APPROPRIATING SAID DONATED FUNDS The Fire Department has received donations in the amount of $6,000 from various community businesses. These donations were made to the Fire Department in support of the First Annual Awards and Recognition Ceremony, scheduled to be held on October 28,2005. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2005-330, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE AGREEMENT WITH STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION FOR MUTUAL AID FIRE PROTECTION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 3 - Council Minutes http://www .chulavistaca.gov /A-3 Octoher 4, 2005 DRAfT CONSENT CALENDAR (Continued) The Fire Department is a participant in automatic aid agreements with other agencies within San Diego County. The department provides staff and equipment resources to these agencies in an emergency and/or reimbursement basis. Adoption of the resolution ratifies the agreement with the Department of Forestry and Fire Protection for mutual aid. (Fire Chief) Staff recommendation: Council adopt the resolution. 8 A. RESOLUTION NO. 2005-331, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $118,173 IN UNANTICPATED GRANT FUNDS FROM THE FISCAL YEAR 2005 FIREFIGHTER ASSISTANCE GRANT, AND AMENDING THE FISCAL YEAR 2006 FIRE DEPARTMENT BUDGET TO APPROPRIATE $147,716, WHICH INCLUDES A LOCAL MATCH OF $29,543 FROM THE GENERAL FUND B. RESOLUTION NO. 2005-332, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND AWARDING THE PURCHASING AGREEMENT TO THE SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS CENTER FOR DEVELOPMENT OF A COMPREHENSIVE WELLNESS-FITNESS PROGRAM FOR CITY OF CHULA VISTA FIREFIGHTERS The Fire Department has been awarded a federal grant in the amount of $118,173 from the Fiscal Year 2005 Firefighter Assistance Grant. The grant will be used to develop a comprehensive wellness-fitness program for the City's firefighters. This program will be administered through services offered by the San Diego Firefighters Regional Wellness Center. (Fire Chief) Staff recommendation: Council adopt the resolutions. 10. RESOLUTION NO. 2005-334, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, BURKETT & WONG ENGINEERS (CONSULTANT), AND OTAY PROJECT, L.P. (APPLICANT), FOR THE PREPARATION OF A PUBLIC FACILITIES FINANCING PLAN AND FISCAL IMPACT ANALYSIS FOR OTAY RANCH VILLAGES TWO AND THREE, AND PLANNING AREA 18B, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In May 2003, the Council approved a three-party agreement between the City, Burkett & Wong Engineers, and Otay Ranch L.P. for the preparation of a public facilities financing plan for Villages Two and Three, and Planning Area 18B Sectional Planning Area (SPA) Plan. Adoption of the resolution approves the first amendment to the three-party agreement with Burkett & Wong for consulting services. This amendment adds an additional $20,000 to the contract, for a total maximum agreement amount not to exceed $88,800. (Director of Planning & Building) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes http://www.chulavistaca.gov iA -Lf October 4, 2005 DRAFT CONSENT CALENDAR (Continued) 11. RESOLUTION NO. 2005-335, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $11,009 FROM THE BUREAU OF JUSTICE ASSISTANCE, AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2005/2006 PERSONNEL BUDGET OF THE POLICE DEPARTMENT FOR BULLETPROOF VESTS The Police Department has received funding from the Bureau of Justice Assistance to pay for the costs of bulletproof vests. The bulletproof vest partnership grant has awarded the Police Department $11 ,009 to pay for 50% of the cost of bulletproof vests. This grant will partially fund 35 vests; matching funds are included in the Police budget. (Police Chief) Staffrecommendation: Council adopt the resolution. 12. RESOLUTION NO. 2005-336, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE POLICE DEPARTMENT'S PARTICIPATION IN THE CALIFORNIA IDENTIFICATION SYSTEM REMOTE ACCESS NETWORK Since 1990, the Police Department has entered into agreements with the County of San Diego to participate in the California Identification System Remote Access Network, commonly known as Cal-ID/RAN. This system is maintained by the State Department of Justice, but the County is the responsible agency for system allocation and funding. Adoption of the resolution approves an agreement effective July 1, 2005 and terminating on June 30, 2010. (Police Chief) Staffrecommendation: Council adopt the resolution. 14. RESOLUTION NO. 2005-338, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND, IF AWARDED, ACCEPTANCE OF A RECREATIONAL TRAILS PROGRAM GRANT FROM THE STATE OF CALIFORNIA FOR THE REHABILITATION OF ROHR PARK RECREATIONAL TRAIL; AND AUTHORIZING THE COMMITMENT OF MATCHING FUNDS THEREFOR During fiscal year 2006/2007, the Federal Highway Administration will provide $2.2 million in local assistance funds through the recreational trails program for the acquisition, development and rehabilitation of recreational trails in California. Through its Parks & Open Space Division, the City's Public Works Operations Department proposes applying for grant funding to rehabilitate the Rohr Park recreational trail. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 15. RESOLUTION NO. 2005-339, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 2005 HOLIDAY DECOR PROGRAM; WAIVING THE FORMAL BIDDING PROCESS; APPROPRIATING $48,400 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO PAY FOR THE PROGRAM; AWARDING A PURCHASE AGREEMENT TO DEKRA-LITE INDUSTRIES; AND DIRECTING STAFF TO IMPLEMENT THE 2005 HOLIDAY DECORATION PROGRAM Page 5 - Council Minutes http://www.chula vistaca.gov IA-5 October 4, 2005 DRAf1 CONSENT CALENDAR (Continued) The holiday decor program was initiated in 1998 to provide a festive environment within the downtown core during the holiday season. At that time, a Request for Proposal was prepared to solicit bids trom specialty lighting and decoration companies. Dekra-Lite was selected due to their qualifications and experience, the excitement and quality of their design, and project cost. Dekra-Lite has since worked diligently with the City in implementing this popular program. Adoption of the resolution awards a purchase agreement to Dekra-Lite to implement the program, with an option to renew for subsequent holiday programs. (Director of Community Development) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered Items I, 2B, 2C and 3 through 8, 10 through 12, 14 and 15, headings read, texts waived. The motion carried 4-0, except for Item 14, which carried 3-0-1, with Councilmember McCann abstaining because he owns property within the vicinity of the Rohr Park recreational trail. ITEMS PULLED FROM THE CONSENT CALENDAR 2. WRITTEN COMMUNICATIONS The following item was not discussed and no action was taken: A. Memorandum from City Clerk Bigelow requesting excused absences for CounciImember Patty Davis. Staff recommendation: Council excuse the absences ITom the meetings of August 2, August 9, September 13, and September 20, 2005, as well as trom meetings in the near future until her return. 9. RESOLUTION NO. 2005-333, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE ORDER UP TO $200,000 FOR GRAFFITI REMOVAL ON THE INTERSTATE 80S/OLYMPIC PARKWAY/EAST ORANGE A VENUE INTERCHANGE PROJECT, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE SAID CHANGE ORDER The Council previously awarded the construction contract for this project to Yeager- Skanska, Inc. for $14.9 million and authorized the Director of Public Works Operations to execute a change order up to $100,000. Costs for graffiti removal trom the new sound walls and retaining walls will exceed $100,000. Adoption ofthe resolution authorizes the Director of Public Works Operations to execute a change order up to $200,000 for the removal of graffiti trom the project's new walls. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. Page 6 - Council Minutes http://www.chulavistaca.gov lA-to October 4, 2005 DRAFT ITEMS PULLED FROM THE CONSENT CALENDAR (Continued) Councilmember Rindone discussed the considerable financial impacts to the City as a result of graffiti vandals and asked staffto recommend plans to capture graffiti perpetrators. Councilmember Castaneda agreed that legitimate efforts must be put forth to capture the vandals and asked staff to provide a confidential report on ways to eradicate graffiti in the City. Mayor Padilla asked what methods exist to prevent graffiti on areas such as traffic sound walls. Public Works Director Byers replied that fast growing landscaping is intended to cover the walls to prevent graffiti. Mayor Padilla left the dais at 6:43 p.m. Councilmember McCann requested that staff coordinate with the California Highway Patrol and CaITrans in the City's plans to arrest graffiti perpetrators. ACTION: Councilmember Rindone then offered Resolution No. 2005-333, heading read, text waived. The motion carried 3-0, with Mayor Padilla not present at the dais. 13. RESOLUTION NO. 2005-337, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES FOR THE COMMUNITY SERVICE PROGRAM Adoption of the resolution approves an agreement with South Bay Community Services for the Community Service Program. This program focuses on restitution services such as neighborhood cleanups, volunteering at schools or working at community events. The program's purpose is to hold juvenile offenders accountable for their actions and provide opportunities for them to connect in positive ways with their community. (Police Chief) Staff recommendation: Council adopt the resolution. Councilmember Castaneda asked staff to provide a more detailed report on the program. Mayor Padilla returned to the dais at 6:47 p.m. ACTION: Councilmember Castaneda offered Resolution No. 2005-337, heading read, text waived. The motion carried 4-0. ORAL COMMUNICATIONS Dennis Klepin spoke regarding the recent Solar Energy Week event and commended the City for its active participation and use of alternative energy and renewable energy sources. He thanked the City for providing and showcasing the .solar water pump display, hydrogen-powered vehicle, and the segway scooter. He also thanked Councilmember Castaneda, Fleet Manager Jack Dickens, and Special Operations Manager Michael Meacham for their valued participation in the program. Councilmember Castaneda asked staff to convene a workshop for planning staff and manufacturers and installers of alternative and renewable energy sources to obtain updated information and then update the approval and permitting processes to make it easier for people to switch to sustainable energy sources. Page 7 - Council Minutes http://www .chulavistaca.gov October 4, 2005 IA-7 DRAFT PUBLIC HEARINGS 16. CONSIDERATION OF APPLICANT'S APPEAL OF CERTAIN CONDITIONS OF APPROVAL MADE BY THE CITY'S DESIGN REVIEW COMMITTEE FOR A PLANNED SIGN PROGRAM FOR THE EASTLAKE DESIGN DISTRICT (APPLICANT: INTERNATIONAL REAL EST ATE) The applicant, International Real Estate, submitted an appeal of certain conditions of approval made by the City's Design Review Committee for a planned sign program for the Eastlake Design District. This item was originally considered at the meeting of August 23, 2005, at which time the Council continued it to September 13. At the September 13, 2005 meeting, the Council continued the item to a future, unspecified date. (Director of Planning & Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Associate Planner Steichen presented an update of the EastLake Design District sign program. Michael V ogt, project applicant, stated that the proposed signs balance the needs of businesses and residents by eliminating 75 percent of the signs that would face residential areas. Robert Rubio, representing EastLake homeowners, stated that the proposed signage would create further negative impacts of the already overwhelming towering effect of the design center building on the neighborhood. He asked that the concerns of the neighborhood residents be respected and recommended that the Council oppose any signage on the south side of the building. Dan Beck expressed concern about the proposed signs visible trom his home, stating that the signs would directly affect the quality of life of his neighborhood. He asked the Council to oppose the proposed signs on the south side of the building. Patty Chavez spoke in support of the neighborhood residents, stating that the proposed signs would impact their quality of life. Mercy Santos, representing International Real Estate, spoke in support of the proposed signage, stating that homebuyers in the EastLake area were provided with disclosures regarding potential impacts to the neighborhood. She also pointed out the design district project would bring new jobs and revenues to the City, and businesses in the district should be given the opportunity to succeed. Matt Brady, architect for International Real Estate, stated that the applicant has made a number of design concessions and improvements to the project. He clarified that the proposed signage would be illuminated only by back lighting on the building. He added that the applicant has addressed sensitive needs of the residents, and the proposed project would be very neighborhood-friendly. Page 8 - Council Minutes http://www.chulavistaca.gov iA-B October 4, 2005 DRAFT PUBLIC HEARINGS (Continued) David LeSage, representing Stanford & Western Sign Systems, stated that the developer has made considerable compromises to accommodate the concerns of the neighborhood by agreeing to install a non-illuminated sign on the building. He asked the Council not to place restrictions on the prospective tenants ofthe design district. Greg Abell, electrical designer for International Real Estate, spoke in support of the proposed sign program, stating that the type of light output from the proposed sign would not adversely impact the neighborhood. With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Castaneda offered the "alternative strike-out/underline version" of Resolution No. 2005-340, as amended to include the added condition that lighted signs must be turned off at the close of business and no later than 11:00 p.m., heading read, text waived: RESOLUTION NO. 2005-340, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MODIFICATIONS TO THE DESIGN REVIEW COMMITTEE APPROVED PLANNED SIGN PROGRAM (PSP-05-08) FOR THE EASTLAKE DESIGN DISTRICT The motion carried 3-1, with Councilmember Rindone voting no. 17. CONSIDERATION OF OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP) AMENDMENT (PCM-04-18), OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT (PCM-04-19), ZONE CHANGE (PCZ-06-02), AND REVISED TENTATIVE MAP (pCS-05-16) FOR A MIXED-USE VILLAGE CORE LOCATED ON BOTH SIDES OF EAST PALOMAR ROAD, BETWEEN VIEW PARK WAY AND MAGDALENA AVENUE (APPLICANT: OTA Y PROJECT, LP) Otay Project, LP (Otay Ranch Company) proposes a mixed-use project in the Village Six core along both sides of East Palomar Street, providing approximately 20,000 square feet of ground floor commercial retail space on the south side, and 20 live/work shopkeeper units on the north side. The project includes 158 for-sale condominium units on both sides of East Palomar Street, between View Park Way and Magdalena Avenue, including units reserved for low-income households. (Director of Planning & Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. There were no members of the public who wished to speak. ACTION: Mayor Padilla moved to continue the hearing to October II, 2005. Councilmember Castaneda seconded the motion, and it carried 4-0. Page 9 - Council Minutes http://www.chula vistaca.gov jA-q October 4, 2005 DRAFT ACTION ITEMS 18. CONSIDERATION OF APPROVAL OF AN AGREEMENT WITH I LOVE A CLEAN SAN DIEGO, INC. FOR THE DEVELOPMENT AND IMPLEMENTATION OF STORM WATER PUBLIC EDUCATION AND OUTREACH PROGRAMS (Continued from August 9, 2005) The National Pollutant Discharge Elimination System (NPDES) municipal pennit issued by the California Regional Water Quality Control Board requires co-pennittees to implement, among other things, public education and outreach programs, with the goal of increasing public awareness regarding protection and improvement of regional and local water resources and preservation of their beneficial uses. Staff has determined that, in order to enhance existing activities and increase the overall effectiveness of the City's compliance program, the NPDES public education and outreach program must be broadened to include all stakeholders, including environmental groups, local water agencies, local schools, businesses, developers, community groups, the Nature Center, and others. (Director of Public Works Operations) ACTION: Councilmember Castaneda offered Resolution No. 2005-341, heading read, text waived. RESOLUTION NO. 2005-341, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND "I LOVE A CLEAN SAN DIEGO, INC." FOR THE DEVELOPMENT AND IMPLEMENTATION OF STORM WATER PUBLIC EDUCATION AND OUTREACH PROGRAMS, REQUIRED PURSUANT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL PERMIT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY The motion carried 4-0. OTHER BUSINESS 19. CITY MANAGER'S REPORTS Upon City Manager Rowlands' suggestion, it was the consensus of the Council to cancel the meeting of November 8, 2005, due to the planned move into the new City Hall. 20. MAYOR'S REPORTS Mayor Padilla announced that earlier in the day, developer Jim Pieri fonnally withdrew his application to build the Espaiiada project, a controversial high-rise condominium project at H Street and Fourth Avenue. He read a letter submitted by Mr. Pieri and commended him on the decision. Mayor Padilla stated that the project had become the main focus of the General Plan update, which will guide development for the next 30 years, and he expressed hope that the City can put forward an appropriate and well-crafted preferred plan now that the project has been removed from consideration. Page 10 - Council Minutes http://www .chulavistaca.gov IA-fO October 4, 2005 . DRAFT OTHER BUSINESS (Continued) A. Ratification of appointment of Maria Moya to the Growth Management Oversight Commission. ACTION: Councilmember Rindone moved to ratify the appointment of Maria Moya to the Growth Management Oversight Commission. Councilmember McCann seconded the motion, and it carried 4-0. B. Ratification of appointment of Patricia Chavez to the Resource Conservation Commission. ACTION: Councilmember Rindone moved to ratify the appointment of Patricia Chavez to the Resource Conservation Commission. Councilmember McCann seconded the motion, and it carried 4-0. 21. COUNCIL COMMENTS Councilmember Rindone suggested that items pulled !Tom the Consent Calendar be considered immediately following adoption of the balance of the Consent Calendar, rather than at the end of the agenda. He asked staff to come back with a report. Councilmember McCann stated that he recently attended a reception in National City for the South County Economic Development Council and hoped that the reception could be held in Chula Vista next year, which would provide a great opportunity to showcase the City. Councilmember McCann stated that he also attended the recent demolition of the Goodrich Building. Additionally, he commended the Rotary Club on the success of the recent wine tasting event at the Auld Golf Course and invited the community to attend the following City events on Saturday, October 8, 2005: Fire Station No.4 Open House, 850 Paseo Ranchero, 10:00 a.m. to 2:00 p.m. Light bulb exchange program, Otay Recreation Center, 3554 Main Street, 10:00 a.m. to 3:00 p.m. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed: 22 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . City ofChula Vista, et a!. v. CPUC (Rulemaking Nos. R-03-10-003 and R-OI-IO- 024) ADJOURNMENT At 6:57 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on October 4, 2005 at 6:00 p.m. in Conference Rooms 2 and 3, and thence to the Regular Meeting of October 11,2005, at 6:00 p.m. in the Council Chambers. :: ~ W ~<;>~'----" Susan Bigelow, MMC, CitfClerk Page 11 - Council Minutes http://www.chulavistaca.gov October 4, 2005 lA-II DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 4, 2005 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 7:30 p.m. in Conference Rooms 2 and 3 of the Public Services Building, located at 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: Davis (excused) 1. INTERVIEWS TO FILL THREE VACANCIES ON THE BOARD OF ETHICS The City Council interviewed the following applicants to fill three vacancies on the Board of Ethics: Michael German Kit James Gardner Richard Andujo Chris Searles Brett Davis Camille Cowlishaw Direction was given to staff to re-schedule interviews for Larry Propsner and Guy Chambers. No action was taken by the Council. ORAL COMMUNICATIONS There were none. ADJOURNMENT At 8:57 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 11, 2005, at 6:00 p.m. in the Council Chambers. ~~LL ~-==:3\(~ Susan Bigelow, MMC, City Clerk http://www.chulavistaca.gov iB DRAfT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 11,2005 6:00 P.M. A Regular Meeting of the City Council of the City ofChula Vista was called to order at 6:10 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, and Mayar Padilla ABSENT: Councilmembers: Davis (excused), Rindone 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 . OATHS OF OFFICE Maria Moya, Growth Management Oversight Commission Patricia Chavez, Resource Conservation Commission City Clerk Bigelow administered the oath of office to Maria Moya and Patricia Chavez, and Councilmember McCann presented each with a certificate of appointment. . INTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY HIRED POLICE DEPARTMENT PERSONNEL Police Chief Emerson introduced recently hired officers Jasen Cunningham, Deanna Mary, Chad Harbin, and lateral officer Alberto Baca from the California Border Patrol. City Clerk Bigelow administered the oath of office to Officer Baca. . PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO DR. DOROTHY YORK, ANIMAL CONTROL MANAGER, AND CANDICE SCHUMANN, PRESIDENT OF THE SPAY AND NEUTER ACTION PROJECT, PROCLAIMING OCTOBER 16, 2005 AS NATIONAL FERAL CAT DAY AND RECOGNIZING THE SPAY AND NEUTER ACTION PROJECT FOR ITS DEDICATION AND PARTNERSHIP WITH THE CHULA VISTA ANIMAL CARE FACILITY TO REDUCE ANIMAL POPULATIONS BY PROVIDING SPAY AND NEUTER SERVICES Mayor Padilla read the proclamation, and Councilmember McCann presented it to Dr. Yark, Ms. Schumann and Encinitas Councilwoman Maggie Houlihan. Ic.-/ SPECIAL ORDERS OF THE DAY (continued) DRAft · PRESENTATION BY DENNIS BOSTAD, GENERAL MANAGER, SWEETWATER AUTHORITY REGARDING "NO TIME TO WASTE - A BLUEPRINT FOR CALIFORNIA WATER" Fonner Councilmember and Sweetwater Board Member Salas recognized Sweetwater Director Jim Doud and Communications Coordinator Sue King, who were present in the audience. She then introduced General Manager Bostad, who made a brief presentation. · ANNOUNCEMENT BY RYAN HALL, AIRPORT SYSTEM PLANNER II, SAN DIEGO REGIONAL AIRPORT AUTHORITY, OF A TOWN HALL MEETING REGARDING THE FUTURE OF AIR TRANSPORTATION IN THE REGION CONSENT CALENDAR (Items 1 through 6) I. APPROVAL OF MINUTES of the Adjourned Regular Meeting of August 18,2005, Regular Meetings of August 23, September 13, and September 20, 2005, and a Special Meeting of September 27,2005. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Memorandum from City Clerk Bigelow requesting excused absences for Councilmember Patty Davis (Continued from October 4, 2005). Staff recommendation: Council excuse the absences from the meetings of August 2, August 9, September 13, September 20, September 27, and October 4,2005, as well as from meetings in the near future until her return. B. Memorandum requesting an excused absence for Councilmember Rindone from the Special Council Meeting of September 27,2005. Staff recommendation: Council excuse the absence. 3. RESOLUTION NO. 2005-342, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY 104-01, ESTABLISHING THE ORDER OF BUSINESS AT CITY COUNCIL MEETINGS Adoption of the resolution amends Council Policy 104-01 in order for Council to consider items pulled from the Consent Calendar immediately after consideration of the Consent Calendar. It also updates the policy to reflect current practice with regard to the order of business. (City Clerk) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes http://www .chula vistaca.gov It-2 October II, 2005 DRAFT CONSENT CALENDAR (continued) 4. RESOLUTION NO. 2005-343, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE RECOMMENDATIONS OF "NO TIME TO WASTE - A BLUEPRINT FOR CALIFORNIA WATER" The Association of California Water Agencies has recently completed the report "No Time to Waste - A Blueprint for California Water" in cooperation with water agencies throughout the state. The Board of the Sweetwater Authority has asked the Council to adopt a resolution supporting the recommendations of this report. (City Engineer) Staff recommendation: Council adopt the resolution. 5. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE AND THE OUTDOOR LIGHTING ZONES MAP, DATED SEPTEMBER 2, 2005 (FIRST READING) The California Building Standards Commission has mandated that each jurisdiction within the state start enforcing the 2005 edition of the California Energy Code (2005 CEC) on October 1, 2005. The 2005 CEC introduced regulations for outdoor lighting and designated statewide default outdoor lighting zones. The proposed ordinance approves the adoption of the California Energy Code and the outdoor lighting zones map, dated September 2, 2005. (Director of Planning & Building) Staffrecommendation: Council place the ordinance on first reading. 6. RESOLUTION NO. 2005-344, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE POLICE OFFICERS' ASSOCIATION, THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, THE WESTERN COUNCIL OF ENGINEERS, AND THE CITY OF CHULA VISTA EMPLOYEES ASSOCIA nON FOR FISCAL YEAR 2006 THROUGH FISCAL YEAR 2010 These are five-year contracts between the City and each of the four recognized bargaining units. The memorandums of understanding detail specific provisions, which address wages, benefits, conditions of employment, and other negotiated items. The provisions concerning wages and benefits were approved by the Council on September 13,2005. (Director of Human Resources) 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 3-0. ORAL COMMUNICATIONS Monica Hernandez requested Council assistance with traffic concerns near Cook Elementary School on Cuyarnaca Avenue. Page 3 - Council Minutes http://www.chulavistaca.gov 1~-3 October 11, 2005 DRAFT PUBLIC HEARINGS 7. CONSIDERATION OF OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP) AMENDMENT (PCM-04-18), OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT (PCM-04-19), ZONE CHANGE (PCZ-06-02), AND REVISED TENTATIVE MAP (PCS-05-l6) FOR A MIXED-USE VILLAGE CORE LOCATED ON BOTH SIDES OF EAST PALOMAR ROAD, BETWEEN VIEW PARK WAY AND MAGDALENA AVENUE (APPLICANT: OT A Y PROJECT, LP - Continued from October 4, 2005) Otay Project, LP (Otay Ranch Company) proposes a mixed-use project in the Village Six core along both sides of East Palomar Street, providing approximately 20,000 square feet of ground floor commercial retail space on the south side, and 20 live/work shopkeeper units on the north side. The project includes 158 for-sale condominium units on both sides of East Palomar Street, between View Park Way and Magdalena Avenue, including units reserved for low-income households. (Director of Planning & Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Associate Planner Phelps presented the staff report and responded to questions. Monica Hernandez inquired about the decrease in single-family homes and the resultant impacts on schools. Ranie Hunter, representing the applicant, addressed the community presentation process used for the proj ecl. With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered the following ordinance for first reading and resolutions for adoption, headings read, texts waived: ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY (PC) DISTRICT REGULATIONS LAND USE DISTRICTS MAP (FIRST READING) RESOLUTION NO. 2005-345, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OT A Y RANCH GENERAL DEVELOPMENT PLAN (GDP) TO ALLOW ADDITIONAL RESIDENTIAL DEVELOPMENT IN OTAY RANCH VILLAGE SIX Page 4 - Council Minutes http://www.chulavistaca.gov October II, 2005 ft!-'-f DRAFT PUBLIC HEARINGS (continued) RESOLUTION NO. 2005-346, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLANNING AREA (SPA) SITE UTILIZATION PLAN MAP RESOLUTION NO. 2005-347, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATNE MAP TO SUBDIVIDE A 3.0-ACRE AND A 3.7-ACRE PARCEL ON EACH SIDE OF EAST PALOMAR STREET IN VILLAGE SIX INTO A TWO-LOT CONDOMINIUM MAP FOR 158 RESIDENTIAL UNITS (OTAY RANCH, LP) The motion carried 3-0. 8. CONSIDERATION OF AMENDMENTS TO CHAPTER 17.10 OF THE MUNICIPAL CODE, RELATING TO THE REVIEW AND ADJUSTMENT OF PARK ACQUISITION AND DEVELOPMENT FEES; AND AMENDMENTS TO THE MASTER FEE SCHEDULE TO ADJUST THE PARKLAND ACQUISITION AND DEVELOPMENT FEES FOR NEIGHBORHOOD AND COMMUNITY PARK REQUIREMENTS (Continued from September 20, 2005) In July 2004, the Council increased the parkland acquisition and development fees. Since that time, land values have increased substantially, generating the need to adjust the parkland acquisition component of the fee. The proposed increases will ensure that sufficient funds are available for the City to meet park facilities thresholds. (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. With no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Castaneda offered the following resolution for adoption and ordinance for first reading, headings read, texts waived: RESOLUTION NO. 2005-348, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO ADJUST THE PARKLAND ACQUISITION AND DEVELOPMENT FEES FOR NEIGHBORHOOD AND COMMUNITY PARK REQUIREMENTS Page 5 - Council Minutes http://www.chulavistaca.gov October 11,2005 I f2 -5 DRAfT PUBLIC HEARINGS (continued) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17.10 OF THE MUNICIPAL CODE, RELATING TO THE REVIEW AND ADJUSTMENT OF PARK ACQUISITION AND DEVELOPMENT FEES, TO PAY FOR PARKLAND ACQUISITION AND DEVELOPMENT The motion carried 3-0. 9. CONSIDERATION OF AMENDMENTS TO CHULA VISTA MUNICIPAL CODE SECTION 5.36, RELATING TO MASSAGE PARLORS The current ordinance regulating massage parlors and holistic health businesses has a number of loopholes. Under the current ordinance, it is difficult to enforce the provision requiring holistic health practitioners to obtain police permits. Adoption of the ordinance allows the Police Department to be more proactive in regulating massage parlors. (Police Chief) 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. Police Chief Emerson provided the staff report and responded to questions of the Council. Public Safety Analyst Goldberg and Deputy City Attorney Cave also responded to questions of the Council. With no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Castaneda offered the following ordinance for first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 5, CHAPTER 5.36 OF THE CHULA VISTA MUNICIPAL CODE, RELATING TO MASSAGE PARLORS (FIRST READING) The motion carried 3-0. Councilmember Castaneda requested a periodic status report on the inspection program, arrest record and overall review of the program, and Councilmember McCann asked that the updated motel and tattoo ordinances be brought back as soon as possible. Page 6 - Council Minutes http://www.chula vistaca.gov October II, 2005 Ir!-b !I""> """";\ ,.. T' Uii'{i"",t' ' ITEMS PULLED FROM THE CONSENT CALENDAR There were none, OTHER BUSINESS 10, CITY MANAGER'S REPORTS Upon City Manager Rowlands' suggestion, it was the consensus of the Council to cancel the regular meeting of October 18,2005, lL MAYOR'S REPORTS Mayor Padilla noted that he, Councilmember Castaneda, City Manager Rowlands, and City Attorney Moore had attended the League of California Cities conference in San Francisco, and he would prepare a report on the conference for the Council, He also commended City Manager Rowlands on his conference presentation regarding the recent firestorm in San Diego County. 12. COUNCIL COMMENTS Councilmember McCann spoke of the success of the recent light bulb exchange program, which he hoped would become a semi-annual event He also commended Fire Chief Perry and his crews on the success of the Fire Station 4 grand opening and educational exhibits. Councilmember Castaneda reminded all in attendance of the fifth and final Town Hall forum for citizen input on the Community Choice Aggregation program, which would allow residents and businesses to purchase energy from a variety of sources. The forum will be held at Fire Station 4 on Saturday, October 22nd, at 10:00 a.m. CLOSED SESSION Closed Session was cancelled, and the following item was not discussed: 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . City ofChula Vista, et al. v. CPUC (Rulemaking Nos. R-03-l0-003 and R-Ol-lO-024) ADJOURNMENT At 7:20 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 25,2005, at 6:00 p.m. in the Council Chambers. -; ::iu-t~~/J-&-, Susan Bigelow, MMC, City <:Terk Page 7 - Council Minutes http://www.chulavistaca.gov October 11, 2005 IC-7 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 18, 2005 6:00 P.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 6:05 p.m. in Conference Rooms 2 and 3 of the Public Services Building, located at 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: Davis (excused) 1. INTERVIEWS TO FILL THREE VACANCIES ON THE BOARD OF ETHICS The City Council interviewed applicants Larry Propsner and Guy Chambers to fill three vacancies on the Board of Ethics. Interviews to fill the three vacancies were also conducted at an Adjourned Regular Meeting of the City Council on October 11, 2005. ACTION: Councilmember McCann moved to ratify the appointments of Michael German, Dr. Chris Searles, and Guy Chambers to the Board of Ethics. Councilmember Castaneda seconded the motion, and it carried 4-0. PUBLIC COMMENTS There were none. ADJOURNMENT At 6:38 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 25, 2005, at 6:00 p.m. in the Council Chambers. -= """>.J.4 w~J.Q. Susan Bigelow, MMC, City Clerk Ii) .:1~ ~{f? -.- "-- -- --- --~ - - -- - ~-- Mayor and City Council City Of Chura Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO CllY OF CHUlA VISTA Thursday, October 20,2005 FROM: The Honorable Mayor & City Council Lily Cesena, Office Specialist @ Excused Absence from City Council Meeting TO: RE: Council Member Jerry Rindone has requested an excused absence from the City Council Meeting dated October 11,2005. cc: City Clerk 2A / , Stacey Stevenson 1206 Newcastle Court Chula Vista, CA 91913 (619) 934-5091 Honorable Mayor Stephen C. Padilla City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Honorable Mayor and City Council: It is with regret that I submit this letter of resignation from the City of Chula Vista, Child Care Commission. While I have very much enjoyed serving on said appointed Commission, in August, 2005 I was also appointed to the City of Chula Vista, Civil . Service Commission. Unfortunately, the demands placed on my time by my full-time place of employment and my family, as well as other areas of community involvement, has made it impossible" for me to effectively serve both Commissions. Based on the above and faced with a decision, I find that my education, training and professional experience will better serve the City of Chula Vista in my capacity as a Civil Service Commissioner. Thank you for the opportunity to serve with such a wonderful group of Commissioners and the extraordinary staff of employees supporting the Commission. Sincerely, Stacey Stevenson QQ 61 .......... -<-< ::u 00 0:::1 fTl r-m n me") ..... (J :Uz N fT1 ~c:: (:) - V)r- < 0> :>:> III ..,.,< \0 0 ~~ c--) --~ A. ,m:r:-... 0\ <: /' ,Q (1j \ ~ r 28 ATTACHMENT A t>-DO?\\O~ D\~G t>-~D AN ORDINk'lCE OF THE CITY OF CHULA VISTA AMEND~~~~26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA EN~ CODE AND THE OUTDOOR LIGHTING ZONES MAP, DATED SEPTEMBER 02, 2005. ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That Chapter 15.26 of the Chula Vista Municipal Code is amended as follows: Chapter 15.26 ENERGY CODE Sections: 15.26.010 15.26.020 California Energy Code 2001 EEliaeR adopted by reference. Outdoor Li!!htinl! Zones. 15.26.010 California Energy Code 2001 EaitieR adopted by reference. There City of Chula Vista in hereby adopt~ed, by reference. that certain document known ...e aesignated as the California Energy Code, 1me'" an set forth in Title 24 of the California Code of Regulations. Title 21, Pm e, 20G I BaineR, as copyrighted by. and as mav be amended from time-to-time bv. the California Building Standards Commission. Said decument is hereby The California Energv Code is adopted as the energy code of the City of Chula Vista for the purpose of regulating building design and construction standards to increase efficiency in the use of energy for new residential and nonresidential buildings. 15.26.020 Outdoor Li!!htinl! Zones. Pursuant to Section 10-114 (c) of the California Code of Regulations. Title 24. Part 1. the City has aduoted an Outdoor Lie-htin2: Zones Mau amendimz State default lif!htm!l zones as auulied to certain areas of the City. The location of outdoor li!zhtin2: zones in the City are 'De! the adouted Outdoor Lie-hrim! Zones Map. dated September 02. 2005 and kept on file with the City Planning and Building Department. SECTION II. ENVIRONMENTAL IMPACT. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060 (c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. SECTION III. EFFECTIVE DATE. This ordinance will take effect 30 days after the second reading. 3-1 Presented by Jim Sandoval Director of Planning and Building Brad Remp, C.B.O Assistant DirectorlBuilding Official 3-2 ATTACHMENT A Approved as to form by Ann Moore City Attorney ATTACHMENT B ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE AND THE OUTDOOR LIGHTING ZONES MAP, DATED SEPTEMBER 02, 2005. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That Chapter 15.26 of the Chula Vista Municipal Code is amended as follows: Chapter 15.26 ENERGY CODE Sections: 15.26.010 15.26.020 California Energy Code adopted by reference. Outdoor Lighting Zones. 15.26.010 California Energy Code adopted by reference. The City of Chula Vista adopts, by reference, that certain document known as the California Energy Code, set forth in Title 24 of the California Code of Regulations, as copyrighted by, and as may be amended from time-to-time by, the California Building Standards Commission. That California Energy Code is adopted as the energy code of the City of Chula Vista for the purpose of regulating building design aod construction standards to increase efficiency in the use of energy for new residential and nonresidential buildings. 15.26.020 Outdoor Lighting Zones. Pursuant to Section 10-114 (c) of the California Code of Regulations, Title 24, Part I, the City has adopted an Outdoor Lighting Zones Map amending State default lighting zones as applied to certain areas of the City. The location of outdoor lighting zones in the City are per the adopted Outdoor Lighting Zones Map, dated September 02, 2005 and kept on file with the City Planning and Building Department. SECTION II. ENVIRONMENTAL IMPACT. The Environmental Review Coordinator has reviewed the proposed activity for compliaoce with the California Environmental Quality Act (CEQA) and has determined that the activity is not a ''Projecf' as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060 (c) (3) of the State CEQA Guidelines the activity is not subject to CEQA. SECTION m. EFFECTIVE DATE. This ordinance will take effect 30 days after the second reading. 3-3 Presented by Jim Sandoval Director of Planning and Building Brad Remp, C.B.O Assistant Director/Building Official 3-4 ATTACHMENT B APprove: as to form by j, ~,<~ tLJ . h^:::O ey ( II; n i!. ! E~ ml1~ '] ~ ! ~~ Ijlfl~ !i~ ,>' i DDDi ~i 11 ~j E. H ~;:' h. 'OJ 'iI ,,~ I, I. h , ., " 1 J.... ~-;;; ~ iI Ii ! ,; '! l !'i { i ~f ~I . i' i. i '{ 1,1 ;; i.. ii.;. , o I: r+ c.. o o .., Q. r -< -. o CO - :T r+ -. (") ::T c: OJ < oj" r;j ;j CO N o ;j (I) tII :s: C:I "C I I~~. ~ J \r] cQ .......... J . , ~ .... \.y.r ~'-. '=_."=-'1.-,\ I lliJ.r\,?, \ '~ .-"--. i.-W ". \ ., .---..-- , -\ .... ,,'- r::;-_...-;::'.... # '1 =} ,~ , .. ~I i t i i ...111 ( """. " .~ ~~ o~ ::tiE .- Ll i , ~ '~ \ 1\ I i !II_ /,',' - 1;11,,_ ....TrJ -", -lt1fLi \ , . I r ~ \ - \ - , " ./ q , , J -' \ ,,;""t'". ,. \ -." ,'.', i......,u f."jd}~' . ~- ~:'r:;~~. "~I;'"~, ;~r~i~;I' Ic'___ /1),-",_ ,,,'J. - ~'''' .0 >0 20 02 .~ 8~ 3 5 i!L ~\ \ \ \.-i j ~ / ~ " ~ -':;::'- -;0::', "-- ,- ~ . \ \ \.......\.. / ~o q 0, m " o '- ./ \ I ; j' ~ \ I / / '~---"'--'-T ~.. ,.- V ,C, \ '~:~,Q' '!>1~-1 --...., ; --1 ' -" .; ....1 ~~ L", ~ ~ ~I ~ Ul r ---i \ , ~ \ / ;- / ../ \ .... ......._.._~ \ \ " ~ n " 3: m ~ ORDINANCE NO.u '~Y-.,~~~~ G t>-.~\) I'-\J AN ORDINANCE OF THE CITY COUNCil..,Qi\ _~ITY OF CH1JLA VISTA APPROVING AN AME~~-TO THE OTAY RANCH VILLAGE SIX SECTIONAL PLA.t~G AREA (SPA) PLANNED COMMUNITY (PC) DISTRICT REGULATIONS LAND USE DISTRICTS MAP. WHEREAS, an application to amend the Otay Ranch Village Six Sectional Planning Area (SPA) Planned Community (PC) Land Use Districts Plan Map was filed with the City ofChula Vista Planning and Building Department on June 14,2005 by Otay Project, LP, The Otay Ranch Company ("Applicant"). The proposed amendment is attached hereto as Exhibit A; and, WHEREAS, the application is a request to amend a portion of the Otay Ranch Village Six Sectional Planning Area (SPA) Planned Community (PC) District Regulations Land Use District Map to rezone the 3.7-acre site on the north side of East Palomar Street from CPF to MU, and to rezone a 1.5-acre portion of the 3.0-acre site on the south side of East Palomar Street from MU to CPF ("Project"); and WHEREAS, the. Otay Ranch Village Six Sectional Planning Area (SPA) Planned Community (PC) District Regulations Land Use Districts Map, establishes zoning 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 Village Six Sectional Planning Area (SPA) Plan; and, WHEREAS, the Otay Ranch Village Six Sectional Planning Area (SPA) Planned Community (PC) District Regulations Land Use Districts Map is proposed to be modified to reflect the re-zoning of the 3.7-acre site on the north side of East Palomar Street from CPF to MU, and the rezoning of a 1.5-acre portion of the 3 .O-acre site on the south side of East Palomar Street from MU to CPF; and, WHEREAS, the development has been the subject matter of Village Six Sectional Planning Area (SPA) Plan previously approved by the City Council, wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch Village Six Final ElR 98-01; and, WHEREAS, the Village Six Sectional Planning Area (SPA) Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch General Development Plan ("GDP'') as adopted by the City Council of the City of Chula Vista on October, 28, 1993, and as amended on May 14, 1996, and November 10, 1998; and, WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the Califonlia Environmental Quality Act and has conducted an Initial Study, 15-04- 035 in accordance with the California Environmental Quality Act. Based upon the results of the Initial Study, the Environmental Review Coordinator has determined that the project could result in significant effects on the environment. However, revisions to the project made by or agreed to by the 4-1 Ordinance No. Page 2 applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration,LS-04-035;and WHEREAS, the Planning Commission set the time and place for a bearing on the Project (pCZ-06-02) and notice of said bearing, 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. September 14, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and., WHEREAS, by a vote of6-0-1-0, the Planning Commission recommended approval of the Proj ect; and, WHEREAS, a public bearing was scheduled before the City Council of the City of Chula Vista adopting the ordinance to amend the Village Six Sectional Planning Area (SPA) Planned Community (PC) District Regulations Land Use District Plan Map and notice of said hearing, together with its pUIpose, 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 oftbe Project site at least ten days prior to the hearing; and, NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on said ordinance was held on September 14, 2005 and the minutes and resolution there aom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, sball comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby adopts an amendment to the Otay Ranch Village Six Sectional Planning Area (SPA) Planned Community (PC) District Regulations Land Use District Map, rezoning the 3.7-acre site on the north side of East Palomar Street from CPF to MU, and rezoning a 1.5-acre portion of the 3.0"acre site on the south side of East Palomar Street from MU to CPF as identified on the revised Land Use District Plan Map Exhibit "A," finding that it is consistent with the City of Chula Vista General Plan, the Otay Ranch General 4-2 Ordinance No. Page 3 Development Plan, Otay Ranch Village Seven Sectional Planning Area (SPA) 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. ill. COMPLIANCE WITH CEQA The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (15-04-035) in the fo= presented has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA) and the Environmental Review Procedures of the City of Chula Vista and hereby adopts the same. IV. EFFECTIVE DATE 'This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption Presented by Approved as to fo= by Jim Sandoval Planning and Building Director ~t:~ City Attorney '- ~ 4-3 t>-'i)O?\\O~ 1"\ nEt>-'i)\~G t>-~'i) ORDINANCE NO. '6~C(Jt\v D . AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING TITLE 5, CHAPTER 5.36 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO MASSAGE PARLORS. WHEREAS, A recent review of the City of Chula Vista ordinance relating to Massage Parlors has shown that some practitioners are being licensed in Chula Vista after being denied a license or having their license revoked in other cities throughout California. Some massage business practices are also unregulated in the City of Chula Vista; and, WHEREAS, the City Clerk set the time and place for a public hearing on said amendment to Title 5, Chapter 5.36 of the Chula Vista Municipal Code relating to Massage Parlors and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely October 11, 2005 at 6:00 PM, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: Section L That Chapter 5.36 of the Chula Vista Municipal Code is hereby amended to read as sho .n attachment A A~~~ Ann Moore ,/ City Attorney Richard P. Emerson Chief of Police 5-1 MASSAGE PARLORS AND HOLISTIC HEALTH PRACTITIONER BUSINESSES" Sections: 5.36.010 5.36.020 5.36.030 5.36.035 5.36.040 5.36.050 5.36.060 5.36.070 5.36.075 5.36.080 5.36.081 5.36.085 5.36.090 5.36.095 5.36.100 5.36.105 5.36.11 0 5.36.115 5.36.120 5.36.125 5.36.130 5.36.135 5.36.140 5.36.145 5.36.150 5.36.155 5.36.160 5.36.165 5.36.170 5.36.175 5.36.180 5.36.190 5.36.200 5.36.205 5.36.210 5.36.220 5.36.230 5.36.235 5.36.240 5.36.245 5.36.250 5.36.260 5.36.270 5.36.280 Title for citation. Purpose and intent of provisions. Definitions. ReDealed Rules of construction of provisions-Liability-Scope-Compliance required. License-Required. T ecbnidan-Permit- Required. Exceptions to applicability. Massae:e and Holistic Health Establishment Permit and Postine: Requirements: Name Ta!!s Massae:e and Holistic Health Establishment Hours and Services ReDealed Massae:e and Holistic Health Establishments Patron's SDedfied Anatomical Areas Covered. No Touchine: Plumbine: and Electrical Requirements for Massae:e and Holistic Health Establishments Permit and Postine: Requirements for Off-Premise Massae:e and Holistic Health Business: Name Tae:s EQuiDment and Cleanliness Requirements for Off-Premise Massae:e and Holistic Health Oi'f-Premise Massae:e and Holistic Health AnDointment Requirements Massae:e Technician and Holistic Health Practitioner-ODeratine: Requirements. Massae:e Establishment. Holistic Health Establishment. Massae:e Theranist. Holistic Health Practitioner, Off-Dremise Massae:e Business. Holistic Health Business Advertising: Reauirements CorDorate Officers and Partners Deemed ADnlicants Desit:mation of ResDonsible Mana!!im! Officer. Si!!nature on ADolications County Health Deoartment Insnection and Investi!!ation Reouired Before Issuin!! Massae:e or Holistic Health Establishment Permit License-ADolication-Investillation fee reauired. License Tax Required-Rate. T echnician-Permit-ADDIication-Investie:ation fee. License or oermit-Aoolication-Contents reauired. Grounds for Denial of Massae:e Establishment Permit. Holistic Health Establishment Permit. Off-Premise Business Permit. Massae:e TheraDist Permit. Holistic Health Practitioner Permit Renewal of Massae:e TheraDist or Holistic Health Practitioner Permit EQuiDment and Cleanliness Requirements for Massae:e and Holistic Health Establishment Facilities-Required e:eneraIlv. License or DeTroit-Issuance nrereauisites-AooeaI of denial-Transferability. Name of business. Chane:e of location-Fee required. Sale or transfer of business-Effed-Fee for transfer of interest. Emolovment of oersons not Dossessiml oermits orohibited. Records of treatment to be keDt-Confidentialitv required-Disclosure deemed misdemeanor-Penalty. Insnection reQuired four times oeT vear. Off-Dremises massae:es-Permitted when. ADDlicabilitv of Drovisions. License or oermit-Grounds for susnension or revocation. License or nermit-Susnension. revocation or denial-Public hearin!!. Repealed. Repealed. Repealed. Hearing-Decision of determination. Rev. 09/09/05 5-2 I 5.36.290 5.36.300 5.36.310 5.36.320 5.36.325 5.36.330 5.36.340 Repealed. Repealed. Repealed. Repealed Unlawful oDeration declared nuisance. Violation-Penalty. ODerative Date - Grandfather Clause 5.36.010 Title for citation. This chapter may be cited as the "Chula Vista massage and holistic health practitioner establishment ordinance." (Ord 1312 '2 (part), 1970; prior code' 9.30). 5.36.020 Purpose and intent of provisions. 11 is the purpose and intent of this chapter to establish appropriate rules and regulations for the conduct of massage and holistic health oractitioner businesses within the city, said rules and regulations providing for the proper training and qualifications of massage technicians and holistic health practitioners. the requirements of certain facilities and the physical layout for massage and holistic health practitioner establishments and the manner in which said businesses may be conducted as necessary to protect the public health, safety and general welfare. The massage and holistic health business is declared to be a business subject to police and health regulations in the interests of protecting the patrons of such establishments. (Ord 1312 '2 (part), 1970; prior code' 9.31). 5.36.030 Definitions. Whenever in this article the following words or phrases are used, they shall mean: A. "City" means the city of Chula Vista, a municipal corporation in the state of California; B. "Health department" means the department of public health services of the county of San Diego when the city department is enforcing the terms of this chapter; C. "Licensen means the business license to operate a massage establishment required by this code; D. IIMassage" means any method of uressure on. or friction al2ainst. or strokinl2. kneadinf!. rubbing:. tauDim2:. DOundin!!. vibrarin2: or stimulatim! the external Darts of the human body with the hands or other Darts of the body. with or without the aid of any mechanical or electrical a1JDaratus or anoliances. or with or without sU'Dulementarv aids such as rubbinQ: alcohol. liniments. antiseutics. oils. Dowder. creams. lotions. ointments or" other similar DreDarations commonly used in this Dractice. E. "Massage establishment" means an establishment having a fixed place of business where any person engages in, conducts, carries on or permits to be engaged in, conducted or carried on any business where massages, as defined in this chapter, or other similar procedures are given or administered; F. "Massage technician" or "technician" means any person, male or female, who gives or administers to another person, for any form of consideration, a "massage" or bath as those words are defmed in this chapter; G. "Permit" means the permit to engage in the activities of a massage technician required by this chapter; H. "Person" means a natural person, ~ co-partnership, association or corporation. Rev. 09/09/05 5-32 1. "Holistic Health Practitioner" means a non-medical health care therapist who uses any method of Dressure on. or friction a!Zainst or stroking:. kneadin!l. robbin!!. taDcim!. 'Doundin!Z. vibratinsz. or stimulating the external parts of the human body with the hands or other oarts of the body. with or without the aid of any mechanical or electrical aoparatus or appliances. rubbing alcobol. liniments. antiseptics. oils. powders. creams lotions ointments or other similar substances: and who claims eXeIIIDtlOn ITom Dotice reg:ulation as a massa!le theranist DurSuant to this Division and who present to the police chief proof of satisfactory completion of 1,000 hours of instruction in such specialty or therapeutic approach at a school with a State approved curriculum and proof of membership in a State or nationally chartered organization devoted to the specialty or therapeutic approach. The practice of such health care therapists, in addition to massage therapy, must include nutritional .assistance, exercise programs and counseling that is directed toward health care. J. "Holistic Health Practitioner business" means any business that is owned and operated bv one or more holistic health practitioners and that hires or contracts with other holistic health practitioners or massalZe theravists for the DUI'DOSe of non-medical care. K. "NCBTMB" means the National Certification Board from Therapeutic Massage and Bodvwork. 1. "NCCAOM" means the National Certification Commission of Acupuncture and Oriental Medicine. M. "Off-urerrllse massa!le thera'Oist" means any uerson who urovides massa2e services bv aDDointment at a location other than premises licensed as a massa!2:e establishment. It includes massa!Ze therauists who urovide off-vremise massalle services and who are self-eIIIDloved and/or who contract with or work for a business other than a massage establishment. N. "State approved school" means any school or institution within the United States. which is aooroved bv the state in which it resides. for the teaching massa"e. J. "Specified Anatomical Areas" shall mean pubic region, human genitals, perineum, anus and the areola and nipple of the femaIe breast. (Ord 2408 'I (part), 1990; Ord 2307 '1 (part), 1989; Ord 2256 '21988; Ord 1312 '2 (part), 1970; prior code' 9.33). 5.36.035 Holistic health nractitioner - Refundable fee. - Renealed 5.36.040 Rules of construction of provisions-Liability-Scope-Compliance required. This chapter shall be construed liberally in order to effectuate its purposes. Unless otherwise specificaIly prescribed in this chapter, the following provisions shall govern its interpretation and construction: A. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. B. Time is of the essence in this chapter. No license or permit holder shaIl be relieved of his obligation to comply promptly with any provision of this chapter by any failure of city to enforce prompt compliance with any of its provisions. C. Any right or power conferred or duty imposed upon any officer, employee, department or board of city is subject to transfer by operation of law to any other officer, employee, department or board of city. 5-4 3 Rev. 09/09/05 D. No license or permil holder shall have any recourse whatsoever against city for any loss, cost, expense or damage arising oul of any provision or requiremenl of this chapler or the enforcement thereof. E. This chapler does not relieve any license or permit holder or of any requirement of the city Charter or of any ordinance, rule, regulation or specification of city. F. No license or permit holder possessing such a license or permit as of the effective date of this chapter shall be relieved ofms obligation to comply fully with the provisions of this chapter within the reasonable time established herein. (Ord 1312 '2 (part), 1970; prior code' 9.32). 5.36.050 License-Required. It is unlawful for any person to engage in, conduct, carry on or permit to be engaged in, conducted or carried on in or upon any premises within the city a massage establishment or holistic health oractitioner business without the license required by this chapter. Anv uerson desirimz to enQ:aQe in off-oremise massage must obtain an off oremise massage business permit. (Ord 1312 '2 (part), 1970; prior code' 9.34). 5.36.060 Techuician-Permit-Required. It is unlawful for any person to act as a massage technician or holistic health practitioner without the permit required by this chapter. (Ord 1312 '2 (part), 1970; prior code' 9.35). 5.36.070 Exceptions to applicability. The requirements of Section 5.36.050 et seq. shall have no application and no effect upon and shall not be construed as applying to any persons designated as follows: Physician, surgeon, chiropractor, osteopath, acuDuncturist aesthetician. barber. cosmetoloe:ist exercise uhvsioloe:ist. manicurist. occupational Iheraoist. ohvsical Iherapist hair stylist or any registered or licensed vocational nurse working under the supervision of a physician, surgeon, chiropractor, or osteopath duly licensed to practice their respective professions in the state, nor shall the requirements of Section 5.36.050 et seq. apply to any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the Business and Professions Code of the state or of any other law of this state. All individuals who use a massage specialty and therapeutic approach in caring for clients while under the "control and direction" of the exempted classes of individuals as listed above, must have a valid massage technician or holistic health Dractitioner permit and comply with the requirements of this chapter. Practical nurses or other persons without qualifications as massage technicians. holistic health practitioners. or other persons nol otherwise licensed by the state to practice pursuant to the Medical Practice Act, whether employed by physicians, surgeons, chiropractors or osteopaths or not, may not give massages or massage procedures. For the purpose of this section any individual using massage specialty and therapeutic approach in caring for clients is considered under the "control and direction" of an exempt class individual only when a memher of that exempt class is physically present on the establishment premises where the massage is being administered. (Ord 2307 '2,1989; Ord 1312 '2 (part), 1970; prior code' 9.36). 536.075 Massa!!e and Holistic Health Establishment Permit and Postin!! ReQuirements: Name Ta!!s A. The massage or holistic health establishment business permit. public health permit and a coov of Ihe permit of each massage therapist and holistic health oractitioner working in the establishmenl shall be disolaved in an ouen and consuicuous Dublic ulace on the ure:rrllses. Rev 09/09/05 5-5 4 B. Each massage therapist aDd holistic health Practitioner must wear a nametag on their outermost garment when working in the establishment. The nametag must contain the therapist's or uractitioner's name as it aDl)earS on the Dorice Dermit. C. It is unlawful for aDV Massage or Holistic Health Establishment to emplov or permit any person to act as a massage therapist or holistic health practitioner who does not possess a valid massage therapist or holistic health practitioner permit. 5.36.080 Massage and Holistic Health Establishment Hours and Services A. It is unlawful for aDV responsible person to allow the establishment to be open between the hours of 10:00 p.m. and 6:00 a.m. All customers. patrons and visitors must be excluded from the premises during those hours. B. A list of services available aDd the cost of such services shall be posted in aD open aDd conspicuous DubHe clace on the oremises. The services shall be described in readily understandable lan2:ual2.:e. No services other thaP those posted are allowed. 5.36.085 Massage and Holistic Health Establishments Patron's Specified Anatomical Areas Covered. No Touching A. Each establishment shall provide to all patrons clean. samtarv aDd opaque coverings capable of covering the patron's specified anatomical areas. No common use of such covering shall be permitted. and reuse is Prohibited unless the covering has been laundered after each use. In addition. no res'Donsible Derson shall uerrrut a massalZe to be civen unless the ua!ron is covered bv the covering provided bv the establishment. B. No responsible person shan permit aDV person in anv area within the massage establishment. which is used bv the oatrons or which can be viewed bv vatrons from such an area. unless the Derson's sDecified anatomical areas are fully covered. This subsection does not aoulv to momentaIV nudity. OCCUlTID2: in bathrooms. shower areas. or dressing: or locker rooms. C. No Dermittee shall '2ive a massaiZe in any room with a 'Catron unless the Datron's suecmed anatomical areas are fully covered with an o-oaaue coverin!!, D. No responsible person shall permit any person to massage. or intentionallv touch the specified anatomical areas of another oerson. E. No oennittee shaH massa!!e or intentionally touch the s-oecmed anatomical areas of another Derson. F. 111e responsible person and permittee shall insure that patrons are advised of this section prior to treatment. The advisal may be a. Posted as a documents in the room where the massa2:e is conducted. or b. Contained in patron intake documents or c. Posted in anv manner apProved bv the Chief of Police. The advisal may paraphrase the laDauage of this section so long as such laDauage is approved bv the Chief of Police. Language quoting these sections need not be Pre-apProved bv the Chief of Police. 5.36.090 Plumbing and Electrical ReQuirements for Massage and Holistic Health Establishments AU plumbing aDd electrical instanations in massage aDd holistic health establishments must be installed under permit aDd inspection bv the Building Inspection Department and such installations shall be installed in accordance with the Uniform Building Code aDd the Uniform Plumbing Code as adopted bv this Code. . Rev. 09/09/05 5-65 536.095 Permit and Postin!! Requirements for Off-Premise Massa2e and Holistic Health Business: Name Ta~s A. It is unlawful for anY oersons to en2:a2:e in off-Dremise massal!e or holistic health services who is not in Dossession of a valid off-Dremise massaf!e or holistic health business Dermit B. The off-mernise massage and holistic health business Dermit must be displaved in an aDen and consoicuous Dlace on the licensed business uremises. C. Each Derrnittee must wear a name tal! on their outermost IZarment when Droviclin2: off-uremise massaQ;e or holistic health services. The name tal! must contain the thera"Dist's or uractitioncr's name as it aDucars on the Police Derrnit. 536.100 EQuiDment and Cleanliness ReQuirements for Off-Premise Massaee and Holistic Health Each Derrnittee shall urovide to all Datrons clean. sanitary and ODaaue coverinQ:s caDable of coyerinQ: the catron's sDecified anatomical areas. No common use of such coyenne: shall be Dermitted. and reuse is prohibited unless the covering has been laundered after each use. ill addition. no permittee shall give a massal!e unless the Datron is covered by the coyerinQ: brovided bv the uermittee. 5.36.105 Off-Premise Massa~e and Holistic Health Appointment ReQuirements A. Any ffiaSsa2:e conducted in a Dlace not ODen to Dublie view must be by aUDomtment only. B. An off-Dremise massal!e technician or holistic health uractitioner may uerform massaQ:e without aPDomtment if the massa2:e is conducted in a DubHe place open to view of the "Cublic such as in an airoort. ShOUDing: center kiosk. or salon. or at events such as marathons and street fairs, 536.110 Massage Technician and Holistic Health Practitioner- Operating Requirements A. No massage technician or holistic health practitioner, while performing any task .or service associated with the massage or holistic health business, shall be present in any room with another person unless the person's specified anatomical areas are fully covered. B. No resDonsible person shall Dermit and no massage technician or holistic health Dractitioner shall be on the premises of a massage or holistic health establishment during its hours of operation while performing or available to perform any task or service associated with the operation of a massage business, unless the massage technician is fully covered from a point not tD exceed four (4)" inches above the center of the kneecap to the base of the neck, excluding the arms, with the following exceptions: shorts may be worn so long as they extend down the leg a minimum of three (3) inches from the crotch and the body above that point is fully covered to the base of the neck, excluding the arms. The covering, which includes trousers, pants or shorts, will be of opaque material and will be maintained in a clean and sanitary condition. c. No massage technician or holistic health Dractitioner. while performing any task or service associated with the business of massage, shall massage or intentionally touch the specified anatomical areas of another person. D. Each massage technician or holistic health Dractitioner must wear a name tae when workine as a massa2e technician or holistic health "Cractitioner. The name tall must contain the techniciants or "Cractitioner's name as it aUDears on the "Coliee uerrnit E. It is unlawful for any massa~e technician or holistic health Dractitioner to use towels. linens or instruments durin!! the massaee that are not in a clean or in a safe condition. Rev. 09/09/05 5-7 6 F. It is unlawful for any massalZe technician or holistic health Dractitioner to Drovide massalZe services between 1O:00u.1IL and 6:00 a.m G. The permittee shall insure that pattons are advised of Section # # #. prior to treattnent. The advisal mav be (1) posted as a document in the room where the massa2e is conducted. or (2) contained in patron intake documents; or (3) posted in any other manner approved bv the Chief of Police. The advisal mav paraphrase the lanrua2e of Section # # #. so lon2 as such lan2ua2e is approved bv the Chief of Police. Lan2ua2e ouotin2 these sections need not be preapproved bv the Chief of Police. H. Anv off-premise massa2e or holistic health business permittee who hires. dispatches or contracts with other off-Drermse massao;ze technicians or holistic health Dractitioners to do off-Dremise massalZe is resuonsible for ensurino;z that those technicians or uractitioners come Iv with all auoIicable re2ulations in this Section. The permittee must also make reasonable efforts to prevent criminal activity bv the other technicians or practitioners. In addition to all other 2rounds. prostitution bv such technicians or practitioners is 2rounds for revokin2 the permit. 1. The sale or servine: of food or beveraQe or the conducting: of non-massag:e business or non-holistic health business is prohibited. 5.36.115 Massa!!e Establishment. Holistic Healtb Establishment. Massa!!e Theraoist. Holistic Health Practitioner. Off-oremise Massa!!e Busioess. Holistic Health Business Advertisinf! Reauirements A. Each technician. practitioner. establishment or business licensed under this Section shall include the number of their Dorice Dennit in any advertisement of services au'OearinlZ in any newsuaDer. te1e'chone directory. Drinted advertisinl2: medium. or electronic media. The reference does not have to contain the words "DoHce uemrit.11 rrCitv of Chula Vista Dermit number 1111.11 or similar lanQualZe. will suffice so lon2 as the correct Dolice permit number is included. B. Advertisin2 hours other than those allowed in this Section is 2rounds for rerulatorv action a2ainst the uetmittee. This subsection is re!lulatorv onlv. C. In addition to any criminal penalty. a violation of Business and Professions Code section 17500 (false or misleadln2 statements) is 2rounds for re2ulatorv action a2ainst the permittee. (Ord 2307 '3, 1989). 5.36.120 Corporate Officers and Partners Deemed ADolicants Each cornorate officer or partner of a massage or holistic health establishment is deemed an aDuIicant for a massa!!e or holistic health Dermit and each must urovide the infonnation reauired in Section 5.36.150. 5.36.125 Desif!nation of Resconsible Mana!!in!! Officer. Signature on Acclications An apolicant that is a cornoration or partnership shall desirnate one of its officers or generaloartners to act as its resuonsible mana12:imz officer. The resuonsible manamg: officer may conmlete and siro all applications on behalf of the cornorate officers and partners. 5.36.130 County Health Department Insoection and Investi!!ation Reauired Before Issuin!! Massa!!e Dr Holistic Health Establishment Permit A. In addition to the reauirements of Section 5.36.150 . any uersons desirin12: to ouerate a massalZe or holistic health establishment shall make an application to the County of San Oie20. Department of Health Services. for a health oermit. An annual non-refundable fee. the exact amount of which shall 5-87 Rev. 09/09/05 be determined and keot on record bv the County Deoartment of Health Services. shall accompanv the submission of each anolication to the Department of Health Services to defrav the cost of investigation. insoection. and enforcement of the health aspects of this Section. B. Anv massa2:e or holistic health establishment uermittee [aBine: to renew a health 'Oermi! within thirtY davs after its expiration shall be assessed a 10 percent penalty for each month of failure to renew. This penalty shall be added to the cost of the renewal of the health permit fee. The entire sum shall be paid to the Department of Health Services. In no case shall the penalty exceed 60 percent of the renewal fee. The penalty imposed bv this Section. whether or not the penalty is paid. shall not Drevent imoosition of any other uenalties urescribed bv this Chauter or Drevent uTosecurion for violation of this Chapter. 5.36.135 License-Application-Investigation fee required. Any person desiring to obtain a license to operate a massage or hoiistic health establishment shall make an application to the city manager. A nonrefundable R,J:eqiriIed I'fee(s) to cover the cost of an investigation, shall accompany the submission of each application. The fee reqiriIed by this section shall not be required for an application to renew a license granted pursuant to this chapter; provided however, any establishment licensed prior to the effective date of this chapter which was not subject to investigation and report by the chief of police shall be reqiriIed to pay said fee and said investigation shall be undertaken at the time a license renewal is requested. Said application fee shall be in addition to any license, permit or fee required under any provisions of this code. (Ord 2506 'I (part), 1992; Ord 2408 'I (part), 1990; Ord 1312 '2 (part), 1970; prior code '9.37). 5.36.140 License tax required-Rate. Every person operating a massage or holistic health establishment shall pay a license tax in an amount as presently designated, or as may in the future be amended, in the Master Tax Schedule, Section 5.36.081. (Ord 2408 'I (part), 1990). 5.36.145 Technician_Permit_Application-Investigation fee. Any person desiring to obtain a permit to act as a massage technician or holistic health practitioner shall make an application to the city manager. A nonrefundable R,J:equired f'fee(s), shall accompany the submission of each application to cover the costs of the investigation. A permit to act as a massage technician or holistic health practitioner does not authorize the operation of a massage or holistic health establishment. Any person obtaining a permit to act as a massage technician or holistic health practitioner who desires to operate a massage establishment must separately apply for a license therefor~. A person who applies for a license to operate a massage or holistic health establishment and who desires to act as a massage technician or holistic health practitioner within said massage or holistic health establishment who pays the fees and taxes required by Section 5.36.080 and 5.36.081 of this chapter shall not be required to pay the fee reqiriIed by this section. (Ord 2506 'I (part), 1992; Ord 2408 'I (part), 1990; Ord 1312 '2 (part), 1970; prior code' 9.38). 5.36.150 License or permit-Application-Contents required. Any applicant for a license or permit under this chapter shall submit the following information: A. The full name and anv other names ever used bv the applicant. B. The current residential address and telephone number of the applicant. The previous addresses of applicant, if any, for a period of five years irnrnediately prior to the date of the applicatiop and the dates ofresidcnce at each; C. The address of the proposed massage establishment or holistic health practitioner husiness. 5-9 8 Rev. 09/09/05 D. Written proof that the applicant is over the age of twenty-one years; E. Applicant's height, weight, color of eyes and hair; F. Two oassoort photographs at least two inches by two inches, taken within the last six months; G. Business, occupation or employment history of the applicant for the five years immediately preceding the date of the application; H. The business license or permit history of the applicant Whether such person, in previously operating in this or another city or state under license or permit, has had such license or p=it suspended or revoked, the reason therefore, and the business activity or occupation subsequent to such suspension or revocation; 1. All arrests and/or convictions and/or nolo contendere (no contest) and ruiltv oleas exceot for minor traffic infractions. Charges dismissed oursuant to Penal Code l203.4(a) must be included. Dates of arrest and/or conviction and/or 'Olea and the court must also be included. J. A certificate from a medical doctor licensed to practice in the state of California stating that the applicant has, within thirty days immediately preceding the date of the application, been examined and found to be free of any contagious or communicable disease; K. Applicant shan be required to furnish his fingerprints; L. Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning wherein the method, profession and work of massage technician is taught. The terms "recognized school" or !lother institutions of learning" shall mean and include any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage technicians; which school requires a resident course of study of not less than <we five hundred hours (massage technician) or 1.000 hours (holistic health oractitioner). Schools offering correspondence courses not requiring actual attendance of class shall not be deemed a "recognized school." The city has the right to confum the fact that the applicant has actual1y attended classes in a recognized school for the aforementioned minimum time periods. Proof of successful comoletion of a national certification exam administered bv a national orofessional certification organization aooroved bv the Chief of Police. The exams administered bv the NCBTMB and NCCAOM are aooroved bv the Chief of Police. M. Such other identification and information as mav be required in order to discover the truth of the matters hereinabove specified as required to be set forth in the application. If necessarY. the Cbula Vista Police Decarttnent mav take the fingernrints and additional ohotographs and confirm the height and weight of the applicant N. If the anclication is a corooration. the name of the cornoration exactly as shown in its Articles of Incornoration or Charter. to!Zether with the state and date of incorooration and names and residential addresses of each of its current officers and directors. and of each stockholder holding more than 5 percent of the stock of the cornoration; K. If the applicant is a partnership. the name and residential addresses of each of the partners. including limited to oartners; L. If the aoplicant is limited oartaershio. a copv of the limited partnership's certificate of limited partnership as filed with the County Clerk; M. If one or more of the limited oartaers is a cornoration. the applicant shall orovide the information about that partner; 5-109 Rev. 09/09/05 R_ If the auulicant is a corooration or uartnershiD. the name of the resuonsible manal2:in!Z officer. 5.36.155 Grounds for Denial of Massa2e Establishment Permit. Holistic Health Establishment Permit. Off-Premise Business Permit. Massa2e Theraoist Permit. Holistic Health Practitioner Permit In addition to the grounds for denial stated in Section 5.02.200. an apnlication for a massage establishment permit. holistic health establishment permit. off-premise business permit. massage therapist permit or holistic health practitioner permit shall be denied for any of the following reasons: A. The applicant has within ten years immediately preceding the date of the filiM of the application. been convicted of any of the following offenses: a. Anv offense described in California Penal Code sections 266h. 266i. 315. 316. 318. 653.22. or 647(a). 647(Q1647(k)(!). 647(k)(2). or 647(k)(3). b. Anv offense described in California Penal Code. Part One. Title 9. Chapters 7.5 and 7.6: or the applicant has with five years immediately preceding the date of filing of the aUDlication been convicted of: a chan!e of violatimz any lesser included or lesser related offense. including California Penal Code section 415. in satisfaction of. or as a substitnte for. an original charge of any of the offenses listed in above c. The anolicant has been convicted of any offense. which reauires re'Zistration as a sex offender under California Penal Code section 290 or where re~dstration 'Oursuant to Penal Code section 290 was 'Oart of the im'Oosed sentence. B. Arrests for any of the above violations may also be grounds for denial. 5.36.160 Renewal of Massa2e Therapist or Holistic Health Practitioper Permit A. Renewal of a permit shall be annual. All current massage therapists. holistic health Dractitioners. off-'Oremise massal!e technicians and off~'Orernise holistic health Dractitioners workin'2: in the City of Chula Vista. must renew license annually. B. Additionally. in order to ren.ew a massa2:e technician. holistic health Dractitioner. off-uremise massa!2:e or holistic health business uerrnit the uennittee must 'Orovide oroor of twelve hours of continuin!2: education in massa!2:e therapy. The continuinlZ education hours must be obtained from a facility or organization approved bv the NCBTMB. NCCAOM. or a state approved school or any other certification organization recolrnized bv the Chief of Police. C. Additionally. the uermittee must show Droof that the uerrnittee's national certification is current. Proof from NCBTMB. :,{CCAOM. or any other certification organization recognized bv the Chief of Police. is sufficient. (Ord 1312 '2 (part), 1970; prior code' 9.39). 5.36.165 EQuipment and Cleanliness ReQuirements for Massa!!e and Holistic Health Establishments A. Disinrectinl! al!ents and sterilizin!2: eauicment must be used to ensure that any instruments used in Derforrnin!2: any massa2:e are clean and safe. B. Pads used on massage tables must be covered in a workmanlike manner with durable. washable Dlastic or other wateroroof material. Rev. 09/09/05 5-1110 C. Cleanable and nonabsorbent waste containers with tight fitting covers shall be Drovided for the storing of all waste matter and shall be maintained in a clean and sanitary condition. D. Closed cabinets or containers shall be provided for the storage of laundered towels and linens. Nonabsorbent containers or laundrY bags shall be provided for damp or soiled linen. and linen shall be kept therein until removed for laundering. E. All establishments shall be so equipped. maintained. and operated as to effectivelv control the entrance. harboraee. and breedimz ofverrnin. includim! flies. When flies or other vennin are eresent. effective control measures shall be instituted for their control or elimination. 5.36.170 Facilities-Required generally. No license to conduct a massage or holistic health establishment shall be granted unless an inspection by the city manager reveals that the proposed establishment complies with each of the following minimum requirements: A. A recogrrizable and legible sign shall be posted at the main entrance identifying the premises as a massage or holistic health establishment; B. Minimum lighting shall be provided in accordance with the building code of the city and, in addition, at least one artificial light of not less than sixty watts shall be provided in each room or enclosure where massage services are performed on patrons; C. Minimum ventilation shall be provided in accordance with the building code of the city; D. Equipment approved by the health department for disinfecting and sterilizing instruroents used in performing acts of massage shall be provided; E. Hot and cold running water shall be provided at all times; F. Closed cabinets shall be provided, which cabinets shall be utilized for the storage of clean linen; G. In any establishment in which massage services are rendered only to members of the sarne sex at any one time, such persons of the same sex may be placed in a single separate room or the operators .of the massage establishment may elect to place such persons of the sarne sex in separate enclosed rooms or booths having adequate ventilation to an area outside said room or booth while massage services are being performed; H. Adequate. bathing, dressing, locker and toilet facilities shall be provided for patrons. A mllrimum of one tub or shower, one dressing room containing a separate locker for each patron to be served, which locker shall be capable of being locked, and a mllrimum of one toilet and one wash basin shall be provided by every massage or holistic health establishment; provided however, that if male and female patrons are to be served simultaneously at said establishment, a separate massage room or rooms, separate dressing facilities and separate toilet facilities shall be provided for male and female patrons. Further, in those establishments where stearn rooms or sauna baths are provided if male and female patrons are to be served simultaneously, separate stearn rooms or sauna rooms shall be provided for male and female patrons; I. All walls, ceilings, floors, pools, showers, bathtubs, stearn rooms, and all other ph)"ical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or stearn or vapor cabinets, shower compartments and toilet rooms shall be thoroughly cleaned and disinfected with a disinfectant approved by the health department each day the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected with a disinfectant approved by the health department after each use; J. Clean and sanitary towels and linens shall be provided for each patron of the establishment. No co=on use of towels or linens shall be permitted; 5-1211 IUov. 09/09/05 K. A miDimum of one separate wash basin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shan be provided at each wash basin, sanitary towels placed in permanently installed dispensers. This section shall be construed to require minimum standards only. An applicable provisions of this code have full force and effect The applicant shall be required to comply with all applicable provisions of this code. (Ord 1312 '2 (part), 1970; prior code' 9.40). 5.36.175 License or permit-Issuance prerequisites-Appeal of denial- Transferability. A. Any applicant for a permit pursuant to these provisions shan present to the police department the application containing the aforementioned and descnDed information. The chief of police shall have a maximum time period of ninetv (90) davs in which to investigate the application and the background of the applicant Based on such investigation, the chief of police, or his representative, shall render a recommendation as to the approval or denial of the permit to the city manager or his designee. B. The department of building and housing, the fire department and the county health officer shall inspect the premises proposed to be devoted to the massage or holistic health establishment and shall make separate recommendations to the city manager or designee concerning compliance with the foregoing provisions. C. The city manager, or his designee, after receiving the aforementioned and described recommendations, shall grant a permit to the establishment if all requirements for a massage or holistic health establishment descnDed herein are met, and shall issue a permit to all persons who have applied to perform massage services unless it appears that any such person has deliberately falsified the application or unless it appears that the record of any such person reveals a conviction of a felony or a crime of moral turpitude. The city manager or designee may recommend to the city council that an individual business establishment shall be subject to a public hearing and council approval, when in his judgment any such business establishment has an effect upon the public health, safety or welfare of the community. D. Any person denied a permit by the city manager or his designee pursuant to these provisions shall be notified pursuant to Chapter 1.40 regarding an appeal why the permit should be granted. The decision pursuant to Chapter 1.40 shall be final upon the applicant Also, the city council may elect on its own motion to review any determination of the city manager granting or denying a permit, in which case, that decision shall then constitute the exhaustion ofadministrative remedy. E. All permits issued hereunder are nontransferable; provided however, a change of location of a massage establishment may be permitted pursuant to the provisions herein. (Ord 2718 '1 (part) 1998; Ord 1312 '2 (part), 1970; prior code' 9.42). 5.36.180 Name of business. Rev. 09/09/05 5-1312 No person licensed to do business as herein provided shall operate under any name or conduct his business under any designation not specified in this permit. (Ord 1312 '2 (part), 1970; prior code' 9.44). 5.36.190 Change of location-Fee required. A change of location of a licensed massage or holistic health establishment may be approved by the city manager provided all applicable provisions of this code are complied with and a change of location Required Fee(s) has been paid to city, to cover the costs of investigation. (Ord 2506 'I (part), 1992; Ord 2408 'I (part), 1990; Ord 1312 ' 2 (part), 1970; prior code' 9.45). 5.36.200 Sale or transfer of business-Effect-Fee for transfer of interest. A. Upon the sale or transfer of any interest in a massage or holistic health establishment. the permit and license shall be null and void. A new application shall be made by any person, firm or entity desiring to own or operate the massage or holistic health establishment. The Required Fee(s) shall be payable for each such application involving sale or other transfer of any interest in an existing massage or holistic health establishment. The provisions of Section 5.36.100 of this chapter shall apply to any person, flIIU or entity applying for a massage or holistic health establishment permit for premises previously used as such establishment. B. Any such sale or transfer of any interests in an existing massage or holistic health establishment or any application for an extension of the building or other place of business of the massage or holistic health establishment, shall require inspection and shall require compliance with Section 5.36.110 of this chapter. (Ord 2506 'I (part), 1992; Ord2408 'I (part), 1990; Ord 1312 ' 2 (part), 1970; prior code' 9.46). 5.36.205 Employment of persons not possessing permits prohibited. It is unlawful for the holder of a license to operate a massage or holistic health establishment to employ or otherwise allow a person who has not obtained a valid massage technician's or holistic health oractitioner's permit to practice acts of massage. (Ord 1312 '2 (part), 1970; prior code' 9.47). 5.36.210 Records of treatment to be kept-Confidentiality required-Disclosure deemed misdemeanor-Penalty. Every person, association, firm or corporation operating a massage or holistic health establishment under a license as herein provided shall keep a record of the date and hour of each treatment. the name and address of the patron, and the name of the technician administering such treatment. Said record shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for no other purpose. The information furnished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this code, in addition to any other penalties provided by law. Identical records shall be kept of treatments rendered off the business site, and, in addition, shall descn'be the address where the treatment was rendered. Said records shall be maintained for a period of two years. (Ord 1312 '2 (part), 1970; prior code' 9.48). 5.36.220 Inspection required four times per year. Rev. 09/09/05 5-1413 The departments of building inspection, housing, fire, health, and police shall, crom time to time and at least four times each year, make an inspection of each massage establishment in the city for the purpose of determining that the provisions of this code are met. (Ord 1312 '2 (part), 1970; prior code' 9.49). 5.36.230 Off-premises massages-Permitted when. It is unlawful for any person to engage in, conduct, carry on or permit to be engaged in, conducted or carried on the business of massage in any hotel room, motel room, guest house or other place of public accommodation. A. It is unlawful for any uersons to ene-aile in. or operate an off-uremise massalle or holistic health business without an off--oremise massa!le or holistic health business Dolice -oermit. B. Anv Dersons uossessinil an off-Dremise massa!Ze or holistic health business uemrit is also -oermitted to ODerate as a massage therauist of holistic health Dractitioner. unless the uermittee is Ilovemed bv subsection (E). C. Anv person desiring to operate an off-premise massage or holistic health business. but who will not urovide massaQ:e services maY obtain an off-uremise massa2:e or holistic health business uermit so lanl! as the followin!Z conditions are met: a. The Derson meets the aD'olication requirements for an off-uremise massa!le business DemUt exceut for the education reauirements. D. This section shall not be cotlStrued to: a. Prohibit maintainin!Z a licensed massaee or holistic health establishment UDan the uremises of a Dlace of uublic accommodation: or b. Prevent the holder of a license or the holder of a permit emploved bv the holder of a license issued uursuant to this chauter from !Zivin!Z or administerine massa!Zes within hosuitals. convalescent centers. rest homes or the urivate home of a Datron. (Ord 1312 '2 (part), 1970; prior code' 9.50). 5.36.235 Applicability of provisions. The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after January 23,1971. (Ord 1312 '2 (part), 1970; prior code' 9.51)_ 5.36.240 License or permit-Grounds for suspension or revocation. In the event that any person holding a license or permit issued pursuant to this chapter violates or causes or permits to be violated any of the provisions of this chapter, or any provision of any other ordinance or law relating to or regulating said business or occupation, or conducts or carries on such business or occupation in an unlawful manner, the city manager, may, in addition to other penalties provided by ordinance, suspend or revoke the license or permit issued pursuant to this chapter. For the purpose of this section, a criminal court conviction shall not be required to support a fmding of a violation of any law. (Ord 1312 '2 (part), 1970; prior code '9.52). 5-1514 Rev. 09/09/05 5.36.245 License or permit-Suspension, revocation or denial-Public hearing. Before denying, suspending or revoking a license or permit issued pursuant to this chapter, the city manager shall offer the applicant or permittee a hearing as provided in Chapter 1.40. (Ord 2718 '1 (part), 1998; Ord 1312 '2 (part), 1970; prior code' 9.53). 5.36.250 Hearing-Notice required. (Section repealed by Ord 2718 '1 (part), 1998; Ord 1312 '2 (part), 1970; prior code' 9.54). 5.36.260 Hearing-Procedure generally. (Section repealed by Ord 2718 '1 (part), 1998; Ord 1312 '2 (part), 1970; prior code' 9.55). 5.36.270 Hearing-Rules of evidence. (Section repealed by Ord 2718 ' 1 (part), 1998; Ord 1312 '2 (part), 1970; prior code' 9.56). 5.36.280 Hearing-Decision of determination. At the conclusion of the hearing, the city manager shall make an order. Such order can: A. Dismiss the charges; B. Suspend or revoke the license or permit; or C. Affix such other conditional and probationary orders as may be proper for the enforcement of this chapter. A copy of the decision specifying findings of fact and the reasons for the decision shall be furnished to the license or permit holder who shall be informed of his right to appear pursuant to Sections 5.36.310 and 5.36.320 of this chapter. (Ord 1312 '2 (part), 1970; prior code' 9.57). 5.36.290 Effect of decision stayed when. (Section repealed by Ord 2718 '1 (part), 1998; Ord 1312 '2 (part), 1970; prior code' 9.58). 5.36.300 Hearing-Not required when-Effect. (Section repealed by Ord 2718 ' 1 (part), 1998; Ord 1312 '2 (part), 1970; prior code' 9.59). 5.36.310 Appeal-Petition required. (Section repealed by Ord 2718 ' 1 (part), 1998; Ord 1312 '2 (part), 1970; prior code' 9.60). 5.36.320 Appeal-Public hearing-Notice-Effect of decision. (Section repealed by Ord 2718 '1 (part), 1998; Ord 1312 '2 (part), 1970; prior code' 9.61). 5-1615 Rev. 09/09/05 5.36.325 Unlawful operation declared nuisance. Any massage establishment operated. conducted or maintained contrary to the provisions of this chapter shall be and the same is herebv declared to be unlawful and a public nuisance. The City Attorney may. in addition to. or in lieu of -crosecutlnil a criminal action hereunder. commence an action or actions. proceeding or proceedings for abatement. removal or enioinment therepf. in the manner orovided by law. The City Attornev shall take such other steps and shan applv to such court or courts as mav have iurisdiction to Q:rant such relief as shall abate or remove such massalle establishment and restrain and eniom any neTsan from o'Derat1n2:. conducting:, or mainta:imU!!. a massalle establishment contrary to the Drovisions of this chapter. 5.36.330 Violation-Penalty. A. Every person, except those persons who are specifically exempted by this chapter, whether acting as an individua~ owner, employee of the owner, operator or employee of the operator, or whether acting as a mere helper for the owner, employee or operator, or whether acting as a participant or worker in any way, who gives massages or conducts a massage or holistic health establishment or room, or who does or practices any of the other things or acts mentioned in this chapter without first obtainiog a permit and paying for a license so to do from the city, or shall violate any provision of this chapter is guilty of a misdemeanor. B. Any owner, operator, manager, or permittee in charge or in control of a massage or holistic health establishment who knowingly employs a person performing as a massage techuician or holistic health oractitioner as defined in this chapter who is not in possession of a valid permit, or who allows such an employee to perform, operate or practice within such a place of business, is guilty of a misdemeanor. C. Any massage or holistic health establishment operated, conducted, or maintained contrary to the provisions of this chapter shan be and the same is hereby declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, revoke the business license pursuant to the procedure set forth in Section 5.36.230, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enj oin any person from operating, conducting or maintaming a massage or holistic health establishment contrary to the provisions of this chapter. 5.36.340 Operative Date-Grandfather Clause All persons holding a (I) valid massage techuician permit. (2) valid holistic health oractitioner permit. or (3) an off.premise massage oermit. and a (I) current business tax certificate or (2) oroof of employment as a massage techuician or holistic health practitioner within the City of Chula Vista on November 1. 2005. will have one vear from the date of adoption of this ordinance to meet the requirements contained in Section 5.36.150(L). COrd 2256 '3, 1988; Ord 1312 '2 (part), 1970; prior code' 9.62). 5-1716 Rev 09/09/05 O?i\O~ ORDINANCE NO. \~G t>N\) t>,\) St.CO~\) ?-'C.t>,\) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17.10 OF THE MUNICIPAL CODE RELATING TO THE REVIEW AND ADJUSTMENT OF PAD FEES TO PAY FOR PARKLAND ACQUISITION AND DEVELOPMENT WHEREAS, in 2002, the City Council adopted Ordinance No. 2886, as amended, pertaining to the periodic review and amendment of the Park Acquisition and Development (PAD) fee; and WHEREAS, the land acquisition component of the P AD fee must be adjusted regularly in order to maintain fee alignment with-the most current land valuations within the City; and WHEREAS, the issues affecting the value ofland and the nature of parkland that the City :nay require for new development could be significantly different in the eastern portions of the City as compared to the western portions of the City; and WHEREAS, an appraisal by the Catling Company, a copy of which is on file with the Office of City Clerk, was prepared for this update and focuses on the land values for properties in Eastern Chula Vista; and WHEREAS, significant planning efforts are continuing in the western portion of the City which will guide the City in its planning of new park facilities associated with new development and redevelopment; and , WHEREAS, as those planning efforts are completed, a comprehensive assessment of the level of the PAD fee as it relates to western Chula Vista will be undertaken; and WHEREAS, the annual average changes in land values in eastern Chula Vista are readily accessible through an appraisal process and have been very large and volatile, requiring the City to undertake property appraisals to develop a typical cost per acre to acquire land for park purposes; and WHEREAS, the park acquisition fees proposed in this update are proportional to the impacts generated by the development of properties subject to the fee. 6-1 NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That a new Section 17.10.120 of the Municipal Code be added to read as follows: "17.10.120. Geographical Distribution of In-lieu fees for land dedication A. The collection of in-lieu fees for land dedication will be separated into two geographical categories, areas east of the I-80S and areas west of the I-80S and the fee for these areas will be as follows: 1. AREAS EAST OF I-80S PARKLAND ACQUISITION Single Family MlIlti-Family Mobile' Hoti!fI Home Motel Room DUs per Park Acre 95 128 203 222 Acquistion Cost Per Acre $1,204,200 $1,204,200 $1,204,200 $1,204,200 i Proposed In-Lieu Fee Per Unit $12,676 $9,408 $5,932 $5,424 2. AREAS WEST OF I-80S PARKLAND ACQUISITION Single Family MlIlti-Family Mdbile Hotefl Home Motel Room DUs per Park Acre 95 128 203 222 Acquisition Cost/Acre $474,443 $474,443 $474,443 $474,443 i Current In-Lieu Fee Per Unit $4,994 $3,707 $2,337 $2,137 SECTION II: This ordinance shall take effect and be in full force sixty (60) days after its second reading and adoption. SECTION III: Time limit for 1;Jrotest and iudicial action Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by law. In accordance with Government Code Section 66020(d)(I), the ninety day approval period in which parties may protest begins upon the effective date of this ordinance. 6-2 STAFF REQUESTS THAT ITEM 7 BE CONTINUED TO NOVEMBER 22, 2005. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES TO THE CHULA VISTA CONSTRUCTION STANDARDS AND SUBDIVISION MANUAL Proposed changes to federal accessibility standards were published in July 2004. At that time, the City Engineer appointed a team of City staff to review the City's current requirements, specifications, and standards for the design and construction of public work projects and update them, if necessary. As a result of the review process, staff recommends changes to both the City standards for curb ramps and the Subdivision Manual to reflect and comply with the existing and proposed regulations of the Architectural and Transportation Barriers Compliance Board. (City Engineer) Staffrecommendation: Council continue this item to November 22, 2005. CITY COUNCIL AGENDA STATEMENT ITEM NO.: 6 MEETING DATE: 10/25/05 ITEM TITLE: COUNCIL RESOLUTION APPROVING A CONTRACT WITH DEKRA- LITE INDUSTRIES INC. AND APPROPRIATING $53,250 FROM THE CITY'S RESIDENTIAL' CONSTRUCTION TAX (RCT) FUND TO IMPLEMENT THE DOWNTOWN AMBIENT TREE LIGHTING PROGRAM REVIEWED BY: CITY MANAGER f}~ SUBMITTED BY: ASSISTANT CITY MANGER/COMMUNITY DEVELOPMENT DIRE~ 4/5THS VOTE: YES 0 NO D BACKGROUND For the past six years, the City has provided annual holiday decor and tree canopy lighting for the Downtown area. By separate action, on expanded holiday decor program was approved by Council on October 4, 2005. This report addresses the tree lighting component. While tree lighting was initially part of holiday decor, maintaining the downtown tree lights as a year round amenity has proven popular with businesses and residents. Staff has reassessed the cost and intent of the program and has completed a Request for Proposals (RFP) in early August 2005 to solicit proposals from tree lighting companies for the most effective way to provide year-round tree lighting. Dekra-Lite Industries Inc., a tree lighting company based in Santa Ana, was selected to supply, install, and maintain ambient lighting for the 95 trees that are located within the downtown core, and is proposed as the contractor for this work. RECOMMENDATION Adopt resolution approving a contract with Dekra-Lite Industries Inc. and appropriate $53,250 from the City's Residential Construction Tax (RCT) Fund to implement the Downtown Ambient Tree Lighting Program. BOARDS/COMMISSIONS RECOMMENDATION The Downtown Business Association (DBA) and the Town Centre Project Area Committee support downtown tree lighting as a year round amenity. 8-1 PAGE 2, ITEM NO.: MEETING DATE: 10/25/05 DISCUSSION On basis af the popularity of downtown tree lighting as a year round amenity, Staff has issued a Request for Proposals (RFP) to solicit bids from companies to supply, install, and maintain year-round ambient lighting for the 95 trees lacated within the downtown core. The trees are generally located on the east and west sidewalk areas along Third Avenue between E Street and G Street. Dekra-Lite was the only company that responded to the City's RFP and was selected to assist the City in implementing the new program. Dekra-Lite is the company that has implemented the City's annual Holiday Decor Program for the last six years. Dekra-Lite also implements tree lighting programs for Disneyland, South Coast Plaza in Costa Mesa, The Grove in Los Angeles, The River at Rancho Mirage, including the Cities of Burbank, Garden Grove, Poway, and others. Downtown tree lighting was a component of the Annual Holiday Decor Program. As part of that program, the installation of tree lighting has been implemented utilizing mini-lights (Attachment A), which are installed on the canopy of the tree. Beginning in 2003, the lights have been left in place after the winter holidays, and have proven to be an attroctive aesthetic addition to downtown. Although festive, the mini-lights only have a 3,000-hour life expectancy and are intended for temporary use only. Mini-lights have also been costly to implement, because the lights need to be taken down annually during tree trimming then reinstalled onto the canopy of the tree. The cost of the existing program has been approximately $32,000 per year. In an effort to implement a successful year round program, staff has consulted with the Public Work's electrical and arborist staff to evaluate more efficient and cost effective means of providing the same ambiance. Dekra-Lite, who has been the contractor for the annual lighting and holiday installations proposes the use of low voltage lights, which are installed on the branches af trees (Attachment B). Since low voltage bulbs have a 25,000-hour life expectancy, they are designed for year round use. The initial cost to implement the low voltage program is $84,600 (Attachment C). For FY05-06, Council budgeted $31,350 in a Capital Improvement Program for downtown tree lighting. In order to implement the low voltage alternative, staff is requesting a one-time appropriation of $53,250 from the City's Residential Construction Tax (RCT) Fund to fund the remaining balance. In order to showcase the low voltage lighting, Dekra-Lite at no cost to the City, provided a demonstration to two trees located adiacent ta the DBA Office at 272 Third Avenue. Dekra-Lite worked closely with City's electrician and arborist to assure that the electrical requirements and tree light installation was acceptable and safe. Once on display, comments were solicited from the general public regarding the low voltage lighting. Of the dozen e-mails received by staff, only one preferred the existing canopy style lighting. Other benefits of utilizing low voltage lights versus mini-lights include: . Low voltage lighting is safer and requires less maintenance than the existing mini-lights; . Low voltage lights have a 25,000-hour life expectancy, which are designed for year round use. The mini-lights have only a 3,000-hour life expectancy; 8-2 PAGE 3, ITEM NO.: MEETING DATE: 10/25/05 o Mini-lights installed on the tree branches would require more bulbs, because mini-lights have .5 watts compared to low voltage lights, which have .96 watts; and o Bulb replacement is typically only needed for low voltage lighting. Replacement of whole strands of lights is required for mini-lights, thereby requiring more labor hours to unwrap and re-wrap lights. Because of the higher quality of the lights and the elimination of annual reinstallation, the proposed lighting program will have a higher initial expense offset by savings aver time. The law voltage program would save about $46,000 over a five-year period when compared to annual installation of canopy lights. The cost savings are due to the elimination of the labor cost associated with the annual take down and reinstallation of the lights after the trimming of the trees. The electrical cost associated with maintaining the tree lights has continued to be paid for by the Downtown Business Association. After the initial cost to install low voltage lights, it will cost an estimated $6,500 annually for four years to provide maintenance services. The following table illustrates the cost savings associated with implementing low voltage lighting. Approach 5YR Cost 2005 2006 2007 2008 200900 As Proposed $110.600 $84.600 $6.500 $6.500 $6.500 $6.500 Status Quo $156.750 $31.350* $31.350 $31.350 $31 .350 $31 .350 Cost Saving $ 46.150 [$53.250) $24.850 $24.850 $24.850 $24.850 *-2005/2006 CIP Budgeted amount **-Depending on useful life. possible future year savings Approval of the agreement with Dekra-Lite will authorize staff to implement downtown tree lighting utilizing the low voltage lighting on the tree branches. Please be informed that if the low voltage alternative is approved, only partial installation of the lights shall be complete (Third Avenue between E and F Streets) by the first week of December. The entire lighting job (Third Avenue between E and G Streets) shall be complete by the second week of December. The proposed agreement with Dekra-Lite includes the following work program: o Dekra-Lite shall supply, install, and maintain low voltage lighting on the branches of 95 trees located on the east and west sidewalk areas along Third Avenue between E Street and G Street; o A transformer shall be mounted on each light pole. Low voltage cable shall run from the pole to each tree; . Strands of light shall be mounted by wrapping grow tape around the tree branches and the light line. The strands shall run vertically up the branches of each tree; and 8-3 PAGE 4, ITEM NO.: MEETING DATE: 10/25/05 . Scheduled maintenance visits shall take place three times a year. Maintenance services shall consist of evaluating the lighting for outages for replacement and/or adjustment of transformers, bulbs, and strands. As an alternative to the staff proposed year-round lighting, Council could direct that the previous practice of installing canopy lighting on an annual basis be continued for this year. Under such direction, staff would return with a contract with Dekra-lite to provide this service at a probable cost within the $31,350 previously budgeted for this work. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(93) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. FISCAL IMPACT For FY05-06, Council budgeted $31,350 in a Capital Improvement Program (71700- 7999/2506245717-400000) for downtown tree lighting. Since the proposed low voltage lighting will cost $84,600 to implement, staff is requesting a one-time appropriation of $53,250 from the City's Residential Construction Tax (RCT) Fund to implement the program. If approved, the funds shall be transferred to CIP# 71700-7999/2506245717-4000. The consultant fee represents a not to exceed contract amount. ATTACHMENTS Exhibit A: Mini-lights (Canopy lighting) Exhibit B: low Voltage lights (Branch lighting) Exhibit C: Year Round Tree Lighting Proposal J:\COMMDEY\ST AFF.REP\2005\ 1 0-04-05\Ambient Lighting_ DekraLite.dac 8-4 <C !::: aJ J: >< w 8-5 (,) I- is :c >< w E E C) c e 3:11. o - C) c c 3=; O.c C C) ca:::i u; "' :> f! ..I- :i-g .c ::s U 0 'Oil:: ,.,'" =: = u> jl jl jl ~I jl 00 a 0 O~.............. a:iOWLO co COM 1:0 M ......~....... C'i. MM"'Ct....... t{)N co EA- EA- EI7 EA- :<> :i .Q ... 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" .EUJ RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH DEKRA-LlTE INDUSTRIES INC. AND APPROPRIATING $53,250 FROM THE CITY'S RESIDENTIAL CONSTRUCTION TAX (RCT) FUND TO IMPLEMENT THE DOWNTOWN AMBIENT TREE LIGHTING PROGRAM' WHEREAS, the Downtown Ambient Tree Lighting Program was originally initiated as a component of the annual Holiday Decor Program; and WHEREAS, due to the popularity of maintaining the downtown tree lights as a year round amenity, a separate program was created to address its varying needs; and WHEREAS, to formally initiate the new program, the City issued a Request for Proposals (RFP) to solicit proposals from qualified and experienced tree lighting companies to supply, install, and maintain ambient lighting for the 95 trees located within the downtown core; :md WHEREAS, the downtown trees are generally located on the east and sidewalk areas along Third Avenue between E Street and G Street; and WHEREAS, based on a formal consultant selection process, Dekra-Lite Industries Inc., a specialty lighting company based in Santa Ana, was selected to implement the Downtown Ambient Tree Lighting Program; and WHEREAS, Dekra-Lite was selected due to their extensive knowledge and experience in implementing similar tree lighting programs throughout the State, their intimate knowledge of the downtown core, and their ability to complete previous work assignments in a timely manner; and WHEREAS, the contract with Dekra-Lite authorizes the City to continue the work associated with implementing the Downtown Tree Lighting Ambient Program; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(93) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. NOW THEREFORE BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby: 1. Approve in the form presented a Contract with Dekra-Lite Industries Inc.; 2. Appropriate $53,250 from the City's Residential Construction Tax (RCT) Fund and transfer to CIP# 71700-7999/2506245717-400000 for downtown tree lighting; and 1 8-8 3. Implement the Downtown Ambient Tree Lighting Program. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement for and on behalf of the City Council of the City of Chula Vista. Presented by Approved as to form by Dana Smith/Assistant City Manager/ Director of Community Development 2 8-9 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: 10/10/05 AGREEMENT WITH DEKRA-LITE INDUSTRIES, INC. FOR THE DOWNTOWN AMBIENT TREE LIGHTING PROGRAM 8-10 AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND DEKRA-LITE INDUSTRIES, INC. FOR THE DOWNTOWN AMBIENT TREE LIGHTING PROGRAM This agreement ("Agreement"), dated the 18th of October of 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 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, the Downtown Ambient Tree Lighting Program was initially a component of the annual Holiday Decor Program; and WHEREAS, due to the popularity of maintaining the downtown tree lights as a year round amenity, a separate program was created to address its varying needs; and WHEREAS, the City desires to hire a Consultant to assist in supplying, installing, and maintaining ambient lighting for the 95 trees located within the downtown core; and WHEREAS, the downtown trees are generally located on the east and west sidewalk areas along Third Avenue between E Street and G Street; and WHEREAS, to implement the tree lighting program and identify a qualified Consultant, the City conducted a formal bid process as mandated by CVMC ~2.56.090; and WHEREAS, based on a formal selection process, Dekra-Lite Industries, Inc. was selected as the Consultant due to their extensive knowledge and experience in implementing similar tree lighting programs throughout the State, their intimate knowledge of Page 1 8-11 the downtown core, and their demonstrated ability to complete previous work assignments in a timely manner; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it is and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Page 2 8-12 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant 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", Consultant 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 Consultant, from time to time reduce the Defined 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. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the Page 3 8-13 "Rate Schedule" in Exhibit A, Paragraph 11 (CI, unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, 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 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: 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 Consultant, 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") . 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. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance Page 4 8-14 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 Consultant's Commercial General Liability Insurance Policy, Consultant 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 Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount 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 Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant 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 Consultant 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 Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark Page 5 8-15 in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant 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 Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant 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 Consultant 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 Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant 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 Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph II, 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 Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant 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 Page 6 8-16 account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 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 consultant 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 consultant'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. 6. Financial Interests of Consultant Page 7 8-17 A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, 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 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 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. C. 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. D. 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. E. 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 Page 8 8-18 in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F, 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 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. 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 in connection with 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, except with the written permission of City. 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, except with the written permission of City. 7. Hold Harmless 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 those claims, damages, liability, costs and expenses (including without limitations, attorneys Page 9 8-19 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 Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, 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) except for those claims arising from the negligence or willful misconduct of City, its officers or 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. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant 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 Consultant 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 Consultant shall, at the option of the City, become the property of the City, and Consultant 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 Consultant's breach. Page 10 8-20 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' 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, Consultant 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 Consultant 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, Consultant 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. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant 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 Page 11 8-21 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. 13. Independent Contractor City is interested only in the results obtained and Consultant 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 Consultant's work products. Consultant and any of the Consultant'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 Consultant 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, Consultant 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 Page 12 8-22 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 Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant 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. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant 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, Consultant represents that neither Consultant, 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 Page 13 8-23 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 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 14 8-24 SIGNATURE PAGE TO AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND DEKRA-LITE INDUSTRIES, INC. FOR THE DOWNTOWN AMBIENT TREE LIGHTING PROGRAM IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 2005 City of Chula Vista by: Steve Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: Dekra-Lite Industries, Inc. President o/-,~f()S Exhibit List to Agreement (X) Exhibit A. Page 15 8-25 EXHIBIT A TO AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF CHULA VISTA AND DEKRA-LITE INDUSTRIES, INC. 1. Effective Date of Agreement: October 18 , 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 91910 4. Consultant: Jeff Lopez, President Dekra-Lite Industries, Inc. 5. Business Form of Consultant: ) Sole Proprietorship ) Partnership x) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: Dekra-Lite Industries, Inc. 3102 W. Alton Avenue Santa Ana, CA 92704 Page 16 8-26 p: (714) 436-0705 f: (714) 436-0612 www.dekra-lite.com 7. General Duties: Consultant shall supply, install, and maintain ambient lighting for 95 trees located within the downtown core. The trees are generally located on the east and west sidewalk areas along Third Avenue between E Street and G Street. 8. Scope of Work and Schedule: A. Detailed Scope of Work: . Consultant shall supply, install, and maintain low voltage lighting on the trunk and branches of 95 trees located on the east and west sidewalk areas along Third Avenue between E Street and G Street. The program components include: Low voltage clip light line, 6-inch spacing, 9 watts per bulb. Each tree shall contain approximately 450 bulbs; Low voltage cable; 24 volt transformers for each tree; Transparent grow tape; and Various connectors and electrical tape. . Consultant shall mount transformer on each light pole. Low voltage cable shall run from the pole to each tree. . Consultant shall mount the strands of light by wrapping grow tape around the tree branches and the light line. The strands shall run vertically up the main branches of each tree. . Consultant shall provide three visits for maintenance of the tree lights. Maintenance visits shall consist of evaluating the lighting for outages for replacement and/or adjustment of transformers, bulbs, and strands. B. Date for Commencement of Consultant Services: Page 17 8-27 (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable 1: installation of ambient lighting for 95 downtown trees - complete installation December 2005. Deliverable 2: maintenance visit #1 March 2006 Deliverable 3: maintenance visit #2 - September 2006 Deliverable 4: maintenance visit #3 - December 2006 D. Date for completion of all Consultant services: December 2006 9. Insurance Requirements: Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the consultant, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001) 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto) . 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Contractor must maintain limits no less than: Page 18 8-28 1. General Liability: ( Including operations, products and completed operations, as applicable. ) 2. Automobile Liability: $1,000,000 per occurrence for bodily injury, personal inj ury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation Employer's Liability: Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the consultant's including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations Page 19 8-29 coverage. 2. The consultant's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. 3. Each insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: 1. The ~Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retro Date prior to the contract effective date, the Consultant must purchase ~extended reporting" coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the City for review. Page 20 8-30 Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A- V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coveraqe Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors Consultants must include all sub-consultants as insureds under its policies or furnish separate certificates and endorsements for each sub-consultant. All coverage for sub-consultants are subject to all of the requirements included in these specifications. 10. Materials Required to be Supplied by City to Consultant: Under discretion of the Contracts Administrator, any information, data, items, and materials Consultant requests access to for the purposes of achieving the objectives of this Agreement, which are not otherwise privileged or unavailable for disclosure. 11. Compensation: Single Fixed Fee Arrangement For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Page 21 8-31 Single Fixed Fee Amount: the total amount to be paid to Consultant shall not exceed $84,515.10, payable as follows: · $40,632.55 due upon approval of proposal; · $40,632.55 due upon completion of installation; · $1,083.34 due upon completion of maintenance visit #1; · $1,083.33 due upon completion of maintenance visit #2; and · $1,083.33 due upon completion of maintenance visit #3. Any payments made hereunder shall be considered as interest free loans, which must be returned to the City if the task is not satisfactorily completed. If the task is satisfactorily completed, City shall receive credit against the compensation due for that task. 12. Materials Reimbursement Arrangement None, the compensation includes all costs. 13. Contract Administrators: City: Jim Hare, Deputy Director of Community Development Consultant: Jeff Lopez, President 14. Liquidated Damages Rate: Not Applicable 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None 16. Consultant is Real Estate Broker and/or Salesman: Not applicable 17. Permitted Subconsultants:N/A 18 Bill Processing: A. Consultant's Billing to be submitted for the following period of time: Page 22 8-32 X) Monthly ) Quarterly ) Other: B. Day of the Period for submission of Consultant's Billing: ( X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: 71700-7999/2506245717-400000 19 Security for Performance Performance Bond, $ Letter of Credit, $ Other Security: Type: Amount: $ 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: Retention Percentage: Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Page 23 8-33 COUNCIL AGENDA STATEMENT Item: 9 Meeting Date: 10/25/2005 ITEM TITLE: RESOLUTION WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND AWARDING A PURCHASING AGREEMENT TO WEIDNER INC TO DEVELOP STRATEGIC BUSINESS PLANS FOR CITY DEPARTMENTS SUBMITTED BY: Director of Budget and Analysis - -r:;f/ REVIEWED BY: City Manager f ~'1... 7} f (4/5ths Vote: Yes_ No .lL ) Council's approval of tonight's agenda statement will award a contract to Weidner Inc to develop Strategic Business Plans for City departments. Weidner's Managing for Results Model is consistent with the City's Performance Management Framework previously adopted by Council. Weidner Inc has extensive experience working with public sector organizations and recently completed Strategic Business Plans with the Fire Department, Police Department, Office of Communications, Finance Department, and General Services Department. Tonight's action will allow for the development of a Strategic Business Plan in the Public Works Operations Department and the Office of Budget and Analysis and will authorize the use of Weidner's Managing for Results model in other departments as resources become available. RECOMMENDATION: That Council: · Waive the formal consultant selection process and award a purchasing agreement to Weidner Inc to develop strategic business plans for City departments as necessary; and, · Approve a contract with Weidner Inc to develop strategic business plans for the Public Works Operations Department and the Office of Budget and Analysis as well as revisions to the General Services Strategic Business Plan in an amount not to exceed $100,000. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: 9-1 Page 2,ltem: q Meeting Date: 10/25/2005 At Council's direction, a citywide comprehensive performance management model is being implemented. Central to the performance management model is the Managing for Results process developed by Weidner Inc. This process has been successfully used to develop strategic business plans in the Fire, Police, General Services, and Finance departments as well as the Office of Communications. The Managing for Results model used by Weidner Inc was selected because it allows the departments the flexibility to develop an operating plan that is tailored to meet their needs while at the same time providing the consistency required for citywide implementation. Some of the many benefits of using the Managing for Results Model include: . Overall high quality of Weidner Inc staff, process, and product. · Consistency with the City's overall performance management framework and culture. · Establishes a high level of labor-management cooperation and communication to meet citizen needs. . Addresses unique challenges and opportunities resulting from rapid growth. · Focuses the organization on achieving results for the customer - the citizens of Chula Vista · Provides quantifiable performance data at the program level. Waiving the selection process for this project is practical for several reasons. Council has previously approved the Managing for Results process in six other departments; the continued use of this process is important in order to maintain consistency citywide. Weidner Inc has successfully completed Strategic Business Plans for the Fire, Police, General Services, and Finance departments as well as the Office of Communications. In working with these departments the consulting team has developed a thorough understanding of the City's overall performance management initiative including Council's strategic themes, the budget process, and performance measurement efforts to date. The Managing for Results Model used by Weidner Inc is consistent with and complementary to the City's existing performance management framework. Finally, many of the Managing for Results processes and products are copyrighted and therefore cannot legally be duplicated by other firms. In an effort to keep the project scope manageable and to stay within existing budget allocations, efforts will be focused on the development of a strategic business plan for the Public Works Operations department and the Office of Budget and Analysis as well as the continued implementation of performance 9-2 Page 3,ltem: Meeting Date: 9 10/25/2005 measurement in the departments that have already developed strategic business plans. Weidner Inc will work with other departments to develop strategic business plans and implement performance measurement as resources become available and provided that the pricing remains consistent with the cost of the previous studies. Through implementation of a comprehensive performance management framework, including the strategic bUsiness plans, implementation of a dedicated performance measurement system, integration with the budget process, improvements to the City's cost allocation system, and linkage to employee performance plans and evaluations, the City is developing the necessary internal capacity to sustain this initiative on an organization wide basis. This systematic approach to performance management will allow the City to become more effective, improve service delivery, better meet the needs of our community, and create greater accountability to our citizens. FISCAL IMPACT: Over the past two years Weidner Inc has completed Strategic Business Plans for the Fire, Police, General Services, and Finance departments as well as the Office of Communications at a cost of $326,418. Approval of this resolution will authorize an additional $80,000 for the development of a strategic business plan in the Public Works Operations Department. The contract also includes $20,000 for the development of a Strategic Business Plan for the Office of Budget and Analysis and implementation services in other departments that previously completed the strategic business planning process. Approval of this resolution will result in no net impact to the General Fund, funding for this project was included in the fiscal year 2006 budget. Staff will return to Council to develop Strategic Business Plans in other departments as time and resources permit. Attachment: Agreement between the City of Chula Vista and Weidner Inc. for Strategic Business Plan Consulting Services 9-3 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 -~'\'I'\'~~~'~}, Ann Moore City Attorney Dated: I 0/13/05 Two-Party Agreement with Weidner Consulting, Inc. For Strategic Business Plan Consulting Services 9-4 Parties and Recital Page(s) Agreement between City of Chula Vista and Weidner Inc. for Strategic Business Plan Consulting Services This Agreement ("Agreement"), dated 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 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, based on an informal selection process Weidner Inc. was selected to develop a Strategic Business Plan for Public Works; and, Whereas, Weidner Inc. uses proprietary materials and methodologies well suited to the City's needs for the development of Strategic Business Plans; and, Whereas, Weidner Inc. has specialized in government performance accountability consulting; and, Whereas, competitive and fair rates have been negotiated with Weidner Inc.; and, Whereas, Weidner Inc. successfully completed a Strategic Business Plan for the Fire Department and City is satisfied with Weidner Inc's past work; and, Whereas, using the Weidner Inc. Managing for Results model will provide consistency of end product with work already completed and the City's Performance Management Framework; and, Whereas, Consultant 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 Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; Page 1 9-5 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant 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", Consultant 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 referred to in this Agreement 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 Consultant, from time to time reduce the Defined 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. D. Additional Services In addition to performing the Defined Services set forth in this Agreement, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant 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. Page 2 9-6 E. Standard of Care Consultant, 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 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: 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 Consultant, 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"). 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. Consultant shall demonstrate proof of the coverage required by this Agreement, 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 Consultant's Commercial Page 3 9-7 General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Securitv for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant 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.aov/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 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 Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant 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 Consultant 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 Consultant 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 Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. Page 4 9-8 I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule contained in this Agreement, 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 Consultant 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 Consultant's performance of this Agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant 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 Consultant for all services rendered by Consultant 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 Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant 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. 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 Party in the routine administration of this Agreement. Page 5 9-9 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions of the Agreement. 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 Consultant 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 Consultant'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. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, 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 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. Page 6 9-10 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. C. 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. D. 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. E. 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 thereunder. F. 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 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. 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 in connection with Consultant's Page 7 9-11 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, except with the written permission of City. 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, except with the written permission of City. 7. Hold Harmless 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 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 Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, 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) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. I 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. For those professionals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions should be utilized: Page 8 9-12 1. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. 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 Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 2. Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant fails to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant violates any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date of the termination 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 Consultant shall, at the option of the City, become the property of the City, and Consultant 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 Page 9 9-13 Termination, not to exceed the amounts payable under this Agreement, and less any damages caused to City by Consultant's breach. 9. Errors and Omissions In the event the City Administrator determines the Consultants' 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, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing in this paragraph 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 Consultant of such termination and specifying the effective date of the termination, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described above 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, Consultant 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. Consultant expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in this Agreement. 11. Assignability The services of Consultant are personal to the City, and Consultant 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 consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified in Paragraph 17 as "Permitted Subconsultants". 12. Intellectual Property: The Weidner methodology used to develop the Strategic Business Plans is proprietary intellectual property, will be licensed on a department-by-department basis, and may not be used by or shared with any City department or employee whose department has not purchased a license to use the Weidner methodology; nor may the Weidner methodology be disclosed to any party not an organization of or employee of the City of Chula Vista, California. This does not preclude the City of Page 10 9-14 Chula Vista from developing mission statements, vision statements, strategic plans, or performance measures utilizing methodologies similar to the Weidner methodology, such as the Balanced Scorecard, in other City departments. The contract shall constitute a license to the City departments to utilize Weidner's methodology as set out herein. Specifically, the contracting City departments shall be given access to the methodology and the written, copyrighted materials, specifically: (1) the Managing for Results Template; (2) the Managing for Results Cycle; (3) the Mission Template; (4) the Strategic Business Plan Element Definitions; and (5) the Strategic Business Plan Flowchart (collectively the "Written Materials") for use in creating the Strategic Business Plans. So long as the contracting City department does not allow non-licensed individuals to participate or otherwise have access to the Weidner methodology and the Written Materials, the contracting City department has a perpetual, limited-use license for the Weidner methodology and the licensed Written Materials in order to periodically update and modify as needed the written deliverables hereunder. Deliverables created pursuant to this contract will. be the sole property of the City of Chula Vista. Any other materials developed by Weidner during the provision of services under contracts with the City Of Chula Vista are not considered 'works for hire' and shall remain the sole property of Weidner. Materials and methodologies owned by Weidner prior to the contracts between Weidner and Chula Vista will continue to remain the property of Weidner. Weidner will be provided access to electronic copies of the Strategic Business Plans developed by the departments on an ongoing basis during and beyond the contract period, and will have the right to share copies of the Strategic Business Plans with other governmental jurisdictions as examples of work completed upon approval of the City. 13. 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 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. 14. Independent Contractor Page 11 9-15 City is interested only in the results obtained and Consultant 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 Consultant's work products. Consultant and any of the Consultant'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 pay, 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 Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard to taxes or benefits. 15. 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 in this Agreement, 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. 16. 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. 17. Miscellaneous A. Consultant Not Authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed Page 12 9-16 real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, 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 in this Agreement 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 of the Agreement. Neither this Agreement nor any provision of the Agreement 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 to this Agreement 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. F. 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 under this Agreement, shall be the City of Chula Vista. [end of page. next page is signature page.] Page 13 9-17 Signature Page to Agreement between City of Chula Vista and Weidner Inc. To develop a Strategic Business Plan for the Public Works Department IN WITNESS WHEREOF, City and Consultant have executed this Agreement 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 Dated: Weidner Inc By: Marv Weidner, President Weidner Inc. Exhibit List to Agreement () Exhibit A. Page 14 9-18 . Exhibit A to Agreement between City of Chula Vista and Weidner Inc. 1. Effective Date of Agreement: October 25, 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: business form] a [insert ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (x) Corporation Page 15 9-19 6. Place of Business, Telephone and Fax Number of Consultant: Weidner, Inc 611 S. Congress Avenue Austin, Texas 78704 Voice Phone (512) 347-7054 Fax Phone (512) 347-7993 7. General Duties: Consultant will develop a Strategic Business Plan for the Public Works Operations Department. The Strategic Business Plan will include the following: o Assessment of Operation Issues: Operational challenges and opportunities will be documented so the Strategic Business Plan will be aligned to influence those issues. o Aliqnment of Strateqic Plan: The Strategic Business Plan will be reviewed to assure the plan is structured by programs, and performance measures developed, to support the direction provided in the plan. o Aliqnment with Balanced Scorecard (BSC) Goals: The Department's Balanced Scorecard will be reviewed in light of the strategic plan so that the Strategic Business Plan is structured to achieve the BSC goals and measures, and to ensure that the BSC measures are incorporated into the Business Plan as appropriate. o Aliqnment with City Council's Strateqic Themes: The Department's Strategic Business Plan will be reviewed in light of City Council's strategic themes to ensure that the department's strategic and operational goals are in alignment with citywide priorities. o The Strategic Business Plan will structure and define performance information needed by the City to produce a program based Performance Report for the Public Works Operations department. o The Strategic Business Plan will structure and define service information in a manner consistent with the City's existing Master Fee Schedule and supportive of the City's planned Activity Based Costing model. Page 16 9-20 8. Scope of Work and Schedule: A. Detailed Scope of Work: 1. Task 1 (Facilitation of Assessment of the Future Workshops) Consultant shall facilitate a series of half day retreats with staff from the Public Works Operations Department to develop an Assessment of the Future, comprised of critical issues and trends on the horizon which, if they continue unabated, will have a significant impact on the community of Chula Vista. These retreats shall, at a minimum, involve a large representative group from the Public Works Operations Department. 2. Task 2 (Facilitation of Strateqy Development Retreats) Consultant shall facilitate a series of multi-day retreats during which the strategic portion of the plan will be developed. During the retreats the following will be developed: i. Concise issue statements that describe the critical issues that will impact the Public Works Operations Department and their customers over the next two to five years. ii. A limited set of strategic goals expressed in clear, concrete terms that identify the measurable results that the Public Works Operations Department must accomplish over the next two to five years in order to address the issue statements. Consultant shall utilize information developed during previous Balanced Scorecard objective setting workshops whenever possible in order to minimize duplication of effort. Hi. Concise mission statement for the department. Consultant shall utilize information developed during previous mission and vision workshops whenever possible in order to minimize duplication of effort. 3. Task 3 (Facilitation of Purpose Statement and Performance Measure Sessions): Consultant shall facilitate a series of purpose statement and performance measure (PSPM) sessions to develop the operational portion of the plans, incorporating every key business function, every service delivered and every program in the department. For each program the following will be developed: Page 17 9-21 i. A concise purpose statement that describes the results that customers can expect to see delivered, ii. An inventory of all the services or deliverables provided to the customer, iii. An operational level organization of services in to programs, defined in terms of results for customers, iv. A small, manageable set of clear, understandable performance measures for each program, to which program staff intend to hold themselves mutually accountable, and v. A high level organization of departmental programs into lines of business, defined in terms of results for customers, providing an executive strategic level overview of performance. 4. Task 4 (Facilitation of Final Retreats): Consultant shall facilitate a final series of workshops with City staff to ensure alignment of strategic goals, services, programs, and performance measures as articulated within the Strategic Business Plan with citywide objectives and City Council's strategic themes. B. Date for Commencement of Consultant Services: (x) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable NO.1: Task 1 - complete facilitation of Assessment of the Future Workshops for the Public Works Operations and provide a report summarizing the results of the workshops. (8.A.1) Date due: November 11 , 2005. Deliverable NO.2: Task 2 - complete facilitation of Strategy Development Workshops for the Public Works Operations and provide a report summarizing the results of the workshops. (8.A.2) Date due: November 25, 2005. Page 18 9-22 Deliverable NO.3: Task 3 - complete facilitation of PSPM sessions for the Public Works Operations and provide a report summarizing the results of the sessions. (8.A.3) Date due: December 16, 2005 Deliverable NO.4: Task 4 - complete facilitation of final retreat and provide a report summarizing the results of the sessions. (8.A.3) Date due: January 20, 2006. D. Scope of Work to be provided on an hourly basis: 1.Weidner Inc will facilitate the development of a Strategic Business Plan for the Office of Budget and Analysis. These tasks will be similar to those described in section 8(a) of this Agreement, but will be tailored to meet the needs of a smaller unit such as Budget and Analysis. 2.Weidner Inc will also provide assistance to departments with the implementation of tasks and goals developed in previously completed strategic business plans. This ongoing assistance will be provided to departments on an hourly basis as needed. E. Date for completion of all Consultant services: 2/1/2006 9. Insurance Requirements: (x) (x) (x) (x) () () Worker's Compensation Insurance: Statutory Employer's Liability Insurance coverage: $1,000,000. Commercial General Liability Insurance: $1,000,000. Automobile 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). 10. Materials Required to be Supplied by City to Consultant: All project related information including prior departmental strategic plans, Balanced Scorecards, budgets, staffing levels, and general background will be provided by the City. The City will also be responsible for all logistics related to the Retreats. This includes, Page 19 9-23 but is not limited to LCD projector, screen, ample easels and 3M Post-It Flip Charts for all retreats, flip chart markers, refreshments if desired, etc. Weidner will provide its own laptop computers for orientation and retreat sessions. The Public Works Operations Department will provide a staff person to record what is written on flip charts, and this will be entered into Weidner's "Written Materials." Because the proprietary Weidner methodology will be utilized during the development of the Strategic Business Plans, no third-party individuals or entities contracted by the City, whether employed by private for-profit or by not-for-profit organizations, may attend Pre-Retreat Sessions, or Strategic Business Planning Retreats. Department staff will record the elements of the Strategic Business Plan developed during the Retreats on laptop or other computers using the copyrighted "Written Materials." Transcriptions of the Strategic Business Plan elements developed during the Retreats will be made available electronically to Weidner project staff the same of next day after the Retreat. 11. Compensation: A. (x) Single Fixed Fee Arrangement For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $65.000 payable as follows and referenced by task identified in paragraph 8A above: Deliverable Amount Task 1 Task 2 Task 3 Task 4 TOTAL $15,000 $15,000 $25,000 $10,000 $65,000 () 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the Page 20 9-24 City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. () Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. 3. $ $ $ () 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans, which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end ofthe phase, the full retention has been held back from the compensation due for 2. Page 21 9-25 that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or' such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. Page 22 9-26 C. (x) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) (x) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ 20,000 including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) () Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Name Hourly Rate Weidner Consultants Ara Merjanian Kathy Keeley Charles Curry John Warren Elizabeth Yarbrough $250 per hour () Hourly rates may increase by 6% for services rendered after [month]. 19 ,if delay in providing services is caused by City. Page 23 9-27 12. 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: () None, the compensation includes all costs. () Reports, not to exceed $ () Copies, not to exceed $ (x) Travel, not to exceed $15.000: () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ Cost or Rate 13. Contract Administrators: City: Ed Van Eenoo, Director of Budget and Analysis, City Manager's Office, City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910, (619) 409 -5475. Consultant: Marv Weidner, President, Weidner Inc, 611 S. Congress Avenue, Austin, Texas 78704, (512) 347-7054. 14. Liquidated Damages Rate: ( ) $ per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (x) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer Page 24 9-28 () 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 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. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: 18. Bill Processing: Page 25 9-29 A) Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (x) Other: Upon completion of task as desiqnated in paraqraph 8.A. B) Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: Upon completion of task as desiqnated in paraqraph 8A C) City's Account Number: Office of Budget and Analysis 05700-6301 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ () 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: ( ) Retention Percentage: _ % ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Page 26 9-30 RESOLUTION NO. 2005- RESOLUTION WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND AWARDING A PURCHASING AGREEMENT TO WEIDNER INC TO DEVELOP STRATEGIC BUSINESS PLANS FOR CITY DEPARTMENTS WHEREAS, at Council's direction a citywide comprehensive performance management model is being implemented; and, WHEREAS, waiving the formal selection process and awarding a purchasing agreement to Weidner Inc. is practical as their Managing for Results model is consistent with the City's Performance Management Framework, the model is proprietary, and they recently completed a Strategic Business Plan for the Office of Communications and departments of Fire, Police, General Services, and Finance; and, WHEREAS, developing a Strategic Business Plan for the Public Works Operations Department and the Office of Budget and Analysis will provide Council valuable information at the program level and allow the department to address issues related to future growth and improve service delivery; and, WHEREAS, the implementation of performance management will allow the City to become more effective, improve service delivery, better meet the needs of our community, and create greater accountability to our citizens. NOW, THEREFORE, BE IT RESOLVED that the City Council does waive the formal consultant selection process and award a purchasing agreement to Weidner Inc to develop a strategic business plans for city departments as necessary BE IS FURTHER RESOLVED that the City Council does hereby approve a contract with Weidner, Inc to develop a strategic business plan for the Public Works Operations department and provide other consultant services on an hourly basis for an amount not to exceed $100,000. Presented by: Approved as to form by: ~~~ Edward Van Eenoo Director of Budget and Analysis ~~\i<;J'\\\\ ~ (~\~ Ann Moore City Attorney J;\attomey\resos\agree\ Weidner Reso 10-25..05 9-31 COUNCIL AGENDA STATEMENT Item ! () Meeting Date I 0/25/05 ITEM TITLE: Resolution accepting bids and awarding a contract for the Traffic Signal Installation at Fifth Avenue and Naples Street (TF-318) project, to HMS Construction, Incorporated and transferring funds therefore SUBMITTED BY: City Engineer j~ City Manager { J1.. YK (4/5ths Vote: Yes.x.. No~ REVIEWED BY: The traffic signal installation at the subject intersection was approved and budgeted as part of the FY 2005 Capital Improvement Programs (CIP). Tonight, the Council will consider authorizing the transfer of funds in the amount of$28,660 to this project from the cost savings ofthe Traffic Signal Installation at Fifth Avenue and Moss Street (TF-315) project. The scope ofthe project includes the installation of a fully actuated traffic signal system and ancillary work at the subject intersection. RECOMMENDATION: That Council adopt the resolution and authorize the transfer of funds. BOARDS/COMMISSIONS: Not applicable. DISCUSSION: Traffic signal installation at the intersection of Fifth Avenue and Naples Street was approved for funding in fiscal year 2005. The source of capital funding for this proj ect is the Traffic Signal Fund. The intersection is within close proximity to Palomar High School, which is located approximately 200 feet south of Naples Street. During design, staff included certain technological upgrades that will result in a more cost effective traffic signal operation (i.e., the initially planned loop detection was upgraded to video detection) (see Attachment I). These enhancements will result in a higher initial construction cost that will be offset by the considerable lower maintenance/operational costs in the long run. The additional funding required to achieve this construction upgrade can be provided from savings realized in a recently completed project. The intersection signalization at Fifth Avenue and Moss Street has a remaining balance of$30,229. Staff requests that $28,660 of said balance be transferred to the subject intersection account. This intersection will be coordinated with the adjacent intersections along Fifth Avenue and Naples Street, including the intersection at Fifth and Moss Street, by a telephone circuit connection installed as part of this project. This telephone circuit connection will allow staffto monitor connected traffic signals at the Traffic Monitoring Center (TMC) located at the Public Services Building. On September 21, 2005 only two bids were received from the following contractors: 10-1 Page 2, Item Meeting Date 10/25/05 Contractor HMS Construction, Incorporated (San Marcos, CA) Lekos Electric (El Cajon, CA) --- - Bid Amount $149,472 $156,220 i j ! I The low bid, submitted by HMS Construction, Incorporated is higher than the engineer's estimate of $143,096 by $6,376 (4 %). HMS Construction has recently installed a traffic signal project in the City with satisfactory performance. Disclosure Statement: The Contractor's Disclosure Statement is provided as Attachment 2. Environmental Status: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class I categorical exemption pursuant to Section 15303 of the State CEQA Guidelines. Thus, no further environmental review is necessary. Conflict of Interest: None of the Council members owns property within 500' of the intersection of Fifth Avenue and Naples Street. FUNDS REQUIRED FOR CONSTRUCTION I A. Contract Amount (HMS Construction, Incorporated) $ 149,472 B. 10% Contingencies $ 14,948 C. Staff Costs; Design; Inspection $ 9,580 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $ 174,000 ..,- ,- ....''''.......- - -- FUNDS AVAILABLE FOR CONSTRUCTION , A. Traffic Signal Fund $ 170,000 B. Total Expenses to date (Staff Time and Printing Services) ($24,660) C. Transfer of Traffic Signal Funds -TF-315 $ 28,660 . TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $ 174,000 ~ ..-............ - -. ........ FISCAL IMPACT: Due to the increase in item costs and the additional video detection feature included in this project, the total cost for construction has increased and additional funds are required to complete the project. This resolution will authorize the transfer of remaining proj ect funds (savings) to this project from the "Traffic Signal Installation at Fifth A venue and Moss Street (TF-315)" project in the amount of $28,660 (Traffic Signal funds). Upon completion of construction, normal annual signal energy and preventive maintenance costs are estimated to be $5,500 for the intersection. 10-2 Page 3, Item Meeting Date 10/25/05 Attachments: Attachment 1: Scope of Work Summary for projects TF - 318 Attachment 2: Contractor's Disclosure Statement J: \EngineerIA GENDA ICAS200511 0-25-05\TF318Al13.mlcm.doc 10-3 Attachment 1 Scope of Work Summary Proiects IF-3I8, Furnish and Install: . New Traffic Signal Standards on New Foundations . Mast Anns . Signal Light Emitting Diode (LED) Indications . Luminaires . Pedestrian Push Button . Video Detection System . Pull Boxes . Internally Illuminated Street Name Signs (IISNS) . Signs . Emergency Vehicle Pre-Emption (EVPE) System . Conduits . Wiring . Signal Controller and Cabinet . Meter Pedestal . Uninterruptible Power Supply (UPS) Unit . Striping . Traffic Control Other Work: . Grinding/Sandblasting and Resurfacing Pavement on Conflicting Striping and Legends . Removal and Salvage of Existing Street Light Mast Anns, Luminaires, Existing Signs . Protection, Restoration, Removal and Disposal of Existing Conflicting Improvements . Construction of all Appurtenances and other Miscellaneous Work Necessary to make the Traffic Signal Systems Complete and Operational. 10-4 ATTAcHMENT ~ CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies ofthe City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Cbula Vista election must be filed. The fonowing information must be disclosed: 1. List the names of an persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. f/!rr ( ~ 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of an individuals with a $2000 investment in the business (corporation/partnership) entity. Illft \ t ~~ 3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. [t~ 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. ~~~ 5. Has any person" associated with this contract had any financial dealings with an official"" ~ City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No_ J?f 14 \\Citywide2000lhomelEngineer\TRAFFICIACAD Dwgs\CIP Pf8~fS\TF-318\TF318.mlcm\TF-318Specs.doc If Yes, briefly describe the nature of the fmancial interest the official.. may have in this contract. ,J !-R IV ~ 6. Have you made a contribution of more than $251 within the past twelve (12) months to a current member of the Chula Vista City Council? No .f.Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item O~e ivalent value) to an official". of the City of Chula Vista in the past twelve (12) months? (Th' includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No_ If Yes, which official.. and what was the nature of item provided? Date:9fFl: c9.0; ~005 Sign ture of Contractor/Applicant Ronatd S'{!,hflLid.er 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. 15 \\Citywide2000lhornelEngineer\TRAFFlCIACAD Dwgs\CIP PROJECTS\TF-318\TF318.rnlcrn\TF-31 8Specs.doc 10-6 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF FIFTH AVENUE AND NAPLES STREET (TF-318), TO HMS CONSTRUCTION, INCORPORATED AND TRANSFERRING FUNDS THEREFORE WHEREAS, on September 21, 2005, the City Engineer received sealed bids for the Traffic Signal Installation at Fifth Avenue and Naples Street (TF-318) project; and WHEREAS, two contractors submitted bids to perform the work as follows: Contractor Bid Amount HMS Construction, Incorporated (San Marcos, CA) $149,472 Lekos Electric (E1 Cajon, CA) $156,220 WHEREAS, staff has reviewed the low bid submittals and recommends awarding the contract to HMS Construction, Incorporated in the amount of$149,472; and WHEREAS, HMS Cpnstruction, Incorporated has recently installed a traffic signal project in the City with satisfactory performance; and WHEREAS, during design, staff included certain technological upgrades that will result in a more cost effective traffic signal operation (i.e., the initially planned loop detection was upgraded to video detection). The enhancements will result in a higher construction cost that will be - in the long run - offset the considerable lower maintenance/operation costs; and WHEREAS, due to the increase in item costs and additional video detection feature, the total cost for construction has increased and would require additional funding in order to complete the project; and WHEREAS, the intersection signalization project at Fifth Avenue and Moss Street, was completed and that project has a remaining balance of $30,229. Staff requests that $28,660 of said balance is transferred to the subj ect intersection account; and WHEREAS, upon completion of construction, normal annual signal energy and preventive maintenance costs are estimated to be $5,500 for the intersection; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15303 of the State CEQA Guidelines. Thus, no further environmental review is necessary. 10-7 NOW, THEREFORE, be it resolved the City Council of the City of Chula Vista does hereby accept bids and award the contract for the Traffic Signal Installation at the Intersection of Fifth Avenue and Naples Street (TF-3l8) in the amount of $149,472 to HMS Construction, Incorporated and authorizes staff to transfer of remaining funds (savings) to this proj ect from the Traffic Signal Installation at Fifth Avenue and Moss Street (TF-3l5) in the amount of $28,660. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contracts on behalf of the City of Chula Vista. Presented by Approved as to form by Sohaib Al-Agha City Engineer trilL 10-8 Page 1, Item If Meeting Date 10/25/05 COUNCIL AGENDA STATEMENT ITEM TITLE: Public Hearing to take public testimony on the formation of Community Facilities District No. 13-I (Otay Ranch-Village Seven) and to consider the authorization to levy special taxes and to incur a bonded indebtedness secured by such special taxes A) Resolution Adopting an Amended Boundary Map for Community Facilities District No. 13-I (Otay Ranch Village Seven), Forming and Establishing such Community Facilities District and Authorizing Submittal of Levy of Special Taxes within such Community Facilities District to the qualified electors thereof B) Resolution Declaring Necessity to Incur a Bonded Indebtedness for Community Facilities District No. 13-I (Otay Ranch Village Seven), Submitting to the Qualified Electors of such Community Facilities District separate Propositions to Authorize the Levy of a Special Tax Therein, to Authorize such Community Facilities District to Incur a Bonded Indebtedness Secured by the Levy of such Special Tax to Finance certain types of Public Facilities and to Establish an Appropriations Limit for such Community Facilities District, and giving Notice thereon SUBMITTED BY: City Engineer SA: City Manager i ;~...... V ~ (4/5ths Vote: Yes_NolQ REVIEWED BY: On February 1,2005 Council accepted the Otay Project, L.P. application and approved the initiation of proceedings to consider the formation of Community Facilities District No. 13-I (CFD No. 13-I). On September 20,2005, Council approved the Resolution of Intention to form Community Facilities District No. 13-I and the Resolution of Intention to Incur a Bonded Indebtedness ofCFD No. 13-I and set the public hearing for October 25, 2005. CFD No. 13-I will fund the construction of public facilities, such as roadways for the Village Seven project. In addition, a portion of the proceeds may be authorized to be used for certain Public Facilities as directed by the City. Tonight's action will continue the formal proceedings leading to the establishment of Community Facilities District No. 13-I and the authorization, subject to the approval of the qualified electors, to levy special taxes, to amend the Rate and Method of Apportionment (RMA), amend the boundary map and to issue bonds secured by the levy of such special taxes. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. 11-1 Page 2, Item Meeting Date 10/25/05 RECOMMENDATION: That Council: . Open the Hearing, take public testimony, close the public hearing; . Approve the Resolution (A) Fonning and Establishing Community Facilities District No. 13- I (Otay Ranch-Village Seven), and Authorizing submittal of Levy of Special Taxes to the Qualified Electors thereof; . Approve the Resolution (B) Declaring Necessity to incur Bonded Indebtedness of Community Facilities District No. 13-1 (Otay Ranch-Village Seven), Submitting to the Qualified Electors a Proposition to incur a Bonded Indebtedness Secured by the Levy of a Special Tax to Finance certain types of Public Facilities and giving Notice thereon. DISCUSSION: Back!!round The public hearing is to be held for the purpose of considering the fonnation of Community Facilities District No. 13-1 (Otay Ranch-Village Seven), amend the boundary map and RMA and to consider the authorization to levy special taxes and to incur a bonded indebtedness secured by such special taxes. The original boundaries have been amended (Exhibit 1) to remove portions of parcels outside of Village Seven due to the recordation of the "A" Map by Otay Project, L.P., which divided larger parcels into the actual development segments. The RMA (Exhibit 2) was amended to replace the original boundary exhibit with the Amended Boundary Map. Community Facilities Districts (CFD) provide the necessary funding for the acquisition of public improvements by levying an annual "special tax," which is collected from the property owners in conjunction with the property taxes. There is no direct cost to the City. All expenses related to administration of the District (including levying and collecting the special taxes) are funded by the District. The ultimate securities behind the bonds are the properties located within the District, not the City's General Fund or its ability to tax property within its jurisdiction. The District will be fonned in confonnance with the "City ofChula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts" (CFD Policy) as adopted on January 13, 1998 and amended on July 28, 1998. 11-2 Page 3, Item Meeting Date 10/25/05 District Boundaries Exhibit I presents the amended boundaries of the proposed CFD No. 13-1, which includes parcels located within Village Seven (90.5 gross acres). The portions of parcels outside of Village Seven (west of La Media Road) were removed from CFD No. 13-1 by this amended Boundary Map. Village Seven is bounded by La Media Road to the West, Birch Road to the North, Magdalena Avenue to the East, and Santa Luna to the South. The Otay Project is anticipating 33 acres will be designated for residential use in Village Seven and the remaining acres will be reserved for Community Public Facilities, streets, Right-of-Way, and open space. At buildout there will be 361 residential units in Village Seven. The Improvements The developer is proposing the financing of backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, and utilities) and public facilities. Following is a general description of the proposed facilities including, but not limited to: . La Media - Birch to Southwest Property Line (Traffic Signal included) . Backbone Sewer and Paving (Fleishbein Street and Kincaid Avenue) . Other Backbone Costs - Trail System/Storm Drain System . Magdalena A venue- Y, the cost . Santa Luna Street . Slope Landscaping . PFDIF Facilities 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). Preliminary estimates show that the maximum tax revenue (using the proposed taxes) from all the taxable properties would support a total bonded indebtedness of approximately $15.7 million (assuming a 6.5% interest rate and a 30-year term on the bonds). A bond sale amount of $15.7 million will finance approximately $12.8 million in facilities (i.e., grading, landscaping, streets, utilities, drainage, sewer, public facilities, etc). The balance provided would provide for a reserve fund, capitalized interest and pay district formation and bond issuance costs. As noted above, it is currently estimated that only $15.7 million will be available for funding by this district. However, the district will be sized for $20 million to give the City flexibility in sizing the bonds and to take advantage of lower interest rates should they occur. A final priority list and cost estimates for each of the eligible improvements for CFD No. 13-1 financing will be brought later to Council in conjunction with the Acquisition/Financing Agreement and other bond documents. Ultimately, as subdivisions buildout, the developer will finance required improvements that this CFD cannot finance. In addition, the proposed CFD lies within the City of Chula Vista's Transportation Development Impact Fee (TDIF) benefit area that places a cap on the CFD' s ability to finance certain 11-3 Page 4, Item Meeting Date 10/25/05 TDIF improvements. Staff and the consultant team are working with the developer to maximize the TDIF facilities to be constructed by the District. The actual amount to be financed by CFD No. 13-1 depends upon a number of factors including final interest rate on the bonds and the value to lien ratio. The bond sale amount may be higher or less than the $15.7 million mentioned above. Special Tax Report A copy of the Special Tax Report ("Community Facilities District Report Mello-Roos Community Facilities Act of 1982 Community Facilities District No. 13-1 for Otay Ranch-Village Seven") prepared by the Special Tax Consultant, McGill Martin Self, Inc., is included as Exhibit 3, and is on file and available for public review in the City Clerk's Office. Said report incorporates the "Amended Rate and Method of Apportionment," that establishes the procedures for levying the special taxes in CFD No. 13-1. The proposed assigned Special Tax for Developed Property is as follows: 'Property Description Proposed Tax Rate Residential Property $2,750 per dwelling unit + $.45 per square foot of (Zones A and B) Residential Floor Area Non-Residential Property $6,000 per Acre (Zones A and B) The special tax proposed for authorization to be levied on Undeveloped and Contingent Taxable Property is based on the acreage of the parcel. The RMA proposes the following tax rates: Property Description Proposed Tax Rate Undeveloped and Contingent $59,505 per Acre Taxable Property - Zone A Undeveloped and Contingent $37,818 per Acre Taxable Property - Zone B 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. 11-4 Page 5, Item Meeting Date 10/25/05 Collection of Taxes First, the proposed Assigned Special Tax will 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 uses a Backup Special Tax such that upon recordation of each Final Subdivision Map, the Backup Special Tax will be applied to the Developed Property. The Backup Special Tax formula is: Zone A B = $ 59.505 x A L Zone B B = $ 37.818 x A L B = Backup Special Tax per Lot in each Fiscal Year A = Acreage classified as Residential Property L = Number oflots 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 Policy 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 ofless than 4:1, but equal to or greater than 3:1, maybe approved, at the sole discretion of Council, when it is determined that a ratio of less than 4: I is 11-5 Page 6, Item Meeting Date 10/25/05 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 early in 2006. If the final analysis shows parcels which fail to meet the 4: 1 or 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, · Reduce the principal amount of the bonds to be issued for the District to comply with the CFD Policy; or, · Provide sufficient information to convince Council that a lesser lien ratio is prudent. Maximum Tax Policv Council Policy establishes that the maximum annual CFD special taxes applicable to any newly developed residential property shall be no more than 1% of the sale price of the house. In addition, the aggregate of all annual taxes and assessments is limited to 2% ofthe sale price of the house. A preliminary calculation of the maximum tax, using estimated house prices, has been completed and all homes fall within the 2% limit. A final test will be performed at escrow closing using the actual sale price of the house. Council Policy requires that at or prior to each closing of escrow, the escrow company shall apply a "calculation formula" previously approved by the City Engineer to determine the aggregate of regular County taxes, Mello-Roos taxes, and assessment 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. There is the potential of exceeding the 2% tax ceiling ifhousing prices fall after the initial sale. Compliance with this procedure would ensure that the aggregate tax to be paid by the purchaser of the house meets the City's criteria. Since the 2% limit is a City policy, the limit is not being included in the rate and method of the District. Resolutions There are two resolutions on today's agenda that, if adopted, will accomplish the following: RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 13-1 is the formal action forming and establishing Community Facilities District No. 13-1 (Otay Ranch-Village Seven), designating Tax Zones, and authorizing submittal oflevy of special taxes to the qualified electors, and performs the following: . Sets the name of the District; . Identifies the Special Tax Report prepared by McGill Martin Self, Inc. as the report to be used for all future proceedings; . Amends the boundaries of the District; . Amends the Rate and Method of Apportionment of the District; . Establishes a Special Tax by a continuing lien to secure the bonds. The Special Tax is set 11-6 Page 7, Item Meeting Date 10/25/05 forth in the Rate and Method of Apportionment, which will be approved by the adoption of this Resolution; . Implements the provisions of the Local Agency Special Tax and Bond Accountability Act which became effective on January 1, 2001 by specifying that: . Each special tax shall be levied for the specific purposes set forth in the Resolution. . The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in the Resolution. . The District shall establish a separate account into which the proceeds of each such special tax shall be deposited. . The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. . Submits the levy of the special tax to the property owners; and . Describes the type of facilities to be fmanced by the District. RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS is a formal action submitting to the Qualified Electors of Community Facilities District No. 13-1 (Otay Ranch- Village Seven), a Proposition to incur a Bonded Indebtedness Secured by the Levy of a Special Tax to Finance certain types of Public Facilities and performs the following: . Declares that a bond issuance is necessary; . Describes the type of facilities to be financed collectively within the District; . Limits the bond term to 30 years for each bond issue; . Further implements the provisions ofthe Local Agency Special Tax and Bond Accountability Act by specifying that: . Such bonded indebtedness shall be incurred for the applicable specific single purpose set forth in the Resolution. . The proceeds of any such bonded indebtedness shall be applied only the applicable specific purpose identified in the Resolution. . The document or documents establishing the terms and conditions for the issuance of any such bonded indebtedness shall provide for the creation of an account into which the proceeds of such indebtedness shall be deposited. . The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with this City Council as required by Government Code Section 53411. . Submits two ballot propositions to the property owners that (a) incur a bonded indebtedness not to exceed $20 million to pay for authorized facilities pursuant to the special tax formula and to levy a special tax, and (b) establish an appropriations limit for the District; and . Establishes an election procedure. Notice All property owners within the District have been notified of the public hearing through the mail as 11-7 Page 8, Item Meeting Date 10/25/05 well as a published notice in the San Diego Daily Transcript or any other adjudicated newspaper in general circulation. Future Actions Adoptions of tonight's Resolutions will Form and Establish CFD No. 13-1 and direct staffto prepare the necessary ballot documents to a hold special election on November I, 2005. On November 15, 2005 the Council will hear and certify the election results. Assuming the ballot measures are passed by the requisite vote of the qualified electors, have the first reading of the Ordinances to levy Special Taxes will occur. The Acquisition/Finance Agreement will be brought before the Council at a later date in conjunction with the bond documents. FISCAL IMPACT: There will be no direct fiscal impact to the City. The developer will pay all formation costs and has deposited money to fund initial consultant costs and City costs in accordance with the approved Reimbursement Agreement. The developer will pay the full cost of staff time for district formation and administration activities. Staff anticipates that most of the CFD No. 13-1 administration will be contracted out. The CFD administration cost is estimated at $75,000 annually. 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 imprQvements, the developer will pay one percent (1 %) 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. Based on a series of bond sales, in a total aggregate amount of$15. 7 million said monetary compensation would be $157,000. Said amount shall be paid prior to bond sale (scheduled for winter 2005) and will be deposited into the General Fund. The CFD Policy also stipulates that said compensation is not eligible for financing by CFD No. 13-1. Attachments: Exhibit I: Amended Boundary Map for CFD No. 13-1 Exhibit 2: Amended Rate and Method of Apportionment for CFD No. 13-1 Exhibit 3: Special Tax Report: "Community Facilities District No. 13-1 Otay Ranch Village Seven" . J:\EngineerlAGENDA \CAS2005\! 0-25-05\CFD 13!\CAS CFd13! lO-25-05(V2).doc 11-8 H I ('I") ~ - o Z f- U Ct::z I-LJ.J (f)~ -C/) IJ..OLJ.J o (9 C/)(f)<{ LJ.J ...J -W...J 0:: - <{-> Of-I z-U :J...JZ o-<{ roUo:: <{>- u..;:: o >-' f- Z :J ~ ~ o u I- a:! I >< W o 19 llJ o Z <( CI) LL<( Oz >-CI: f-O ZLL :J:J 0<( UU "LL ~o Cl)w -f- ><( <(f- ...JCI) :J I U LL o >- t:: u '" ~ - 0 . "-f- ~ i enS! ~S "'''' ~ ~!"!Ii . "'f- ~~~~~ ., <Den <.>" 0 ~C5 ..,. "''::!:1::~g z1 "0 <3 ~::::~ III -, .. zen,... ~<'" " "," .so;.., ...J~I I ~5aU "'~ .,. w~1"'") 0 0..... "" .,- .!..>~ u::::!...... ..... ;g~ ~~ cn~ ~l~ "'u . 0 ~:!I;~,:::! , :1"': <(<(0 I z< .. ..,. ...~,=i3:;;: ;::~ o...,<i:i a.,,-z i=",JiO'1t:; ..,. gi3tl~Q ,q ...";1..;.; en>- '" ;;;e~ . f- "'~<;i!i!~ <. 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AMENDED RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 13-1 (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. 13-1 (CFD No. 13-1) and collected each Fiscal Year commencing in Fiscal Year 2006-2007 in an amount detennined 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. 13-1, 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 tenus 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 detenuined 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. 13-1 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. 13-1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 13-1 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. 13-1 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 ITom an escrow account, if any. Administrative City of Chula Vista Community Facilities District No. 13-[ Otay Ranch VillaKe Seven 11-10 August 30, 2005 Amended October 3, 2005 POKe I Expenses shall also include amounts estimated or advanced by the City or CFD No. 13-1 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 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. B-1 under the Act. "Bond Year" means a one-year period beginning on September 2nd in each year and ending on September I sl in the following year, unless defined 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. 13-1" means City ofChula Vista, Community Facilities District No. 13-1. "City" means the City ofChula Vista. "Community Purpose Facility Property" means all Assessor's Parcels which are (a) classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2002-2883 as amended on November 5, 2002 or (b) designated on an "A" Map or a Final Subdivision Map as a community purpose facility. "Contingent Taxable Property" means all Assessor's Parcels of Public Property, Property Owner Association Property, Community Purpose Facility Property, Open Space or other property that would otherwise be classified as Exempt Property pursuant to the provisions City of Chula Vista Community Facilities' District No. 13-1 Otay Ranch VilIaRe Seven 11-11 August 30, 2005 Amended October 3, 2005 PaRe 2 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. "Council" means the City Council of the City, acting as the legislative body of CFD No. 13-1. "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 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented 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 annual 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. City of Chula Vista Community Facilities District No. 13-1 Otay Ranch VillaRe Seven 11-12 August 30, 2005 Amended October 3, 2005 PaRe 3 "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). "Open Space" means property within the boundaries of CFD No. 13-I 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. 13-I 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. 13-1. 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. 13-1. "Public Property" means any property within the boundaries of CFD No. 13-I 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 of this definition, a public agency includes the federal government, the State of California, the County, the City or any other public agency. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator by reference to appropriate records kept by the City's City of Chu/a Vista Community Facilities District No. 13-1 Otay Ranch Villa"e Seven 11-13 August 30, 2005 Amended October 3, 2005 Pa"e 4 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 annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount of Special Tax revenue required in any Fiscal Year for CFD No. 13-1 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. 13-1 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. 13-1; 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. 13-1 that are not exempt from the Special Tax pursuant to law or Section E below. "Trustee" means the trustee, fiscal agent, or paying agent under the 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. 13-1 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. City of Chu/a Vista Community Facilities District No. 13-1 Otay Ranch VillaRe Seven 11-14 August 30, 2005 Amended October 3, 2005 PaRe 5 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 (I) the Assigned Special Tax described in Table I or (2) the Backup Special Tax computed pursuant to b. on next page. a. Assi!!ned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table 1. TABLE 1 Assigned Special Tax for Developed Property within Zone A and Zone B Land Use Class Description Assil'lled Snecial Tax $2,750 per unit plus $.45 per 1 Residential Property square foot of Residential Floor Area 2 Non-Residential $6,000 per Acre Pronerty 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 $59,505 x A B= ------------------------ L City of Chula Vista Community Facilities District No. 13-/ Otay Ranch Villa[;e Seven 11-15 August 30, 2005 Amended October 3, 2005 Pa[;e 6 Zone B $37,818 x A B= ------------------------ L The te=s 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 dete=ined by multiplying $59,505 for Zone A and $37,818 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 dete=ined 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 $59,505 per Acre for Zone A and $37,818 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. City of Chula Vista Community Facilities District No 13-[ Otay Ranch Villa"e Seven 11-16 August 30. 2005 Amended October 3. 2005 Pa"e 7 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 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 I. The CFD Administrator shall classify the following as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Community Purpose Facility Property (iv) Open Space and (v) 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 10.56 Acres for Zone A and 20.81 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 10.56 Acres for Zone A and 20.81 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 City of Chula Vista Community Facilities District No. 13-1 Otay Ranch VillaRe Seven 11-17 August 3D, 2005 Amended October 3, 2005 PaRe 8 which is classitied as Contingent Taxable Property pursuant to E.l above shall be prepaid in full by the seller pursuant to Section H.1, 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.!. above 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. 13-I 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. 13-I, may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its fmancial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels 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. City of Chu/a Vista Community Facilities District No 13-1 Otay Ranch Village Seven 11-18 August 30, 2005 Amended October 3, 2005 Page 9 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. 13-1. "CFD Public Facilities Costs" means either $ 15.5 million, or such lower number as shall be determined either by (a) the CFD Administrator as sufficient to finance the CFD Public Facilities, or (b) the Council concurrently with a covenant that it will not issue any more Bonds to be secured by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct the CFD Public Facilities. "Future Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion of the CFD Public Facilities Costs previously funded (i) 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. City of Chula Vista Community Facilities District No. 13-1 Otay Ranch Village Seven 11-19 August 30. 2005 Amended October 3, 2005 Page 10 . .-- 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 As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Step No.: 1. 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 1 by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within CFD No. 13-1 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. 13-1 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"). City of Chu/a Vista Community Facilities District No. J 3-1 Otay Ranch Villa!;e Seven 11-20 August 30, 2005 Amended October 3. 2005 Fa!;e 11 7. Compute the amount needed to pay interest on the Bond Redemption Amount ITom the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year, which have not yet been paid. 10. Determine the fees and expenses of CFD No. 13-1, including but not limited to, the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds ITom the proceeds of such prepayment, and the cost of recording any notices to evidence the prepayment and the redemption (the "Prepayment Fees and Expenses"). 11. Compute the amount the CFD Administrator reasonably expects to derive ITom the reinvestment of the prepayment amount less the Prepayment Fees and Expenses, as determined pursuant to step 10, ITom the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 12. Add the amounts computed pursuant to 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 red.emption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepaYment ITom the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 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. 13-1. The amount computed pursuant to step 6 shall be deposited in the Construction Fund. City of Chula Vista Community Facilities District No. 13-1 Otay Ranch VillaKe Seven 11-21 August 30, 2005 Amended October 3, 2005 POKe 12 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 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. 13~I 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.l, 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 T<I.",( 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. City of Chuia Vista Community Facilities District No. 13-1 Otay Ranch Village Seven 11-22 August 30. 2005 Amended October 3. 2005 Page 13 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.l, and (ii) indicate in the records of CFD No. 13-1, 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. 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. 13-1 Otay Ranch Village Seven 11-23 August 30, 2005 Amended October 3, 2005 Page 14 EXHIBIT .3 COMMUNITY FACILITIES DISTRICT MELLO-ROOS COMMUNITY FACILITIES ACT 1982 SPECIAL TAX REPORT COMMUNITY FACILITIES DISTRICT NO. 13-1 OTAY RANCH VILLAGE SEVEN For the City of Chu1a Vista 276 Fourth Street Chu1a Vista, California 91910 ~{~ ~ "'"~~~ CllY OF CHUlA VISTA Prepared by McGill Martin Self, Inc. 344 F Street Suite 100 Chula Vista, California 91910 October 3, 2005 11-24 TABLE OF CONTENTS Page I. INTRODUCTION ................................................................................................................1 II. PROJECT DESCRIPTION ...................................................................................................1 III. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITlES..................................2 A. Description of Proposed Public Improvements ................................................2 B. Estimated Cost of Proposed Public Improvements...........................................3 IV. BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES ...................................................4 A. Projected Bond Sales ........................................................................................4 B. Incidental Bond Issuance Expenses to be Included in the Proposed Bonded Indebtedness.............................................................................. ........................4 C. Incidental Expenses to be Included in the Annual Levy of Special Taxes.......4 V. RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL T AX..................................4 A. Explanation for Special Tax Apportionment ....................................................5 B. Maximum Annual Special Tax Rates ...............................................................6 C. Backup Special Tax ..........................................................................................6 D. Accuracy of Information...................................................................................6 VI. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT ................................................... 7 VII. GENERAL TERMS AND CONDITIONS .............................................................................. 7 A. Substitution Facilities........................................................................................ 7 B. Appeals............................................................................................................. 7 EXHIBITS Exhibit A: Exhibit B: Exhibit C: Amended Boundary Map for CFD No. 13-I Amended Rate and Method of Apportionment for CFD No. 13-I Assigned Maximum Special Tax Rates 11-25 1. INTRODt:CTION WHEREAS, the City of Chula Vista did, pursuant to the prOVlSlon of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to as the "Act"), and specifically Section 53321.5 thereof, expressly order the filing of a written "Report" with the legislative body of the proposed Community Facilities District. This Community Facilities District being Community Facilities District No. 13-1 (Otay Ranch Village Seven) shall hereinafter be referred to as: "CFD No. 13-1"; and WHEREAS, the Resolution Ordering and Directing the Preparation of a Report for Proposed Community Facilities District No. 13-1 (Otay Ranch Village Seven) did direct that said Report generally contain the following: FACILITIES: A full and complete description of the public facilities the acquisition of which are proposed to be fmanced through the CFD. COST ESTIMATE: A general cost estimate setting forth costs of acquiring such facilities. SPECIAL TAX: Further particulars and documentation regarding the rate and method of apportionment for the authorized special tax. NOW, THEREFORE, I, Sohaib Al-Agha, City Engineer of the City of Chula Vista, and the appointed responsible officer directed to prepare this Special Tax Report or cause the Report to be prepared pursuant to the provisions of the Act, do hereby submit this Report. II. PROJECT DESCRIPTION Exhibit A presents the amended boundaries of the proposed CFD No. 13-1, which includes parcels located within Village Seven (90.5 gross acres). Village Seven is bounded by La Media Road to the West, Birch Road to the North, Magdalena Avenue to the East and Santa Luna to the South. The Otay Project is anticipating 33 acres will be designated for residential use in Village Seven and the remaining acres to be reserved for Community Public Facilities, streets, Right of Way, and open space. At buildout there will be 361 residential units in Village Seven. CFD No. 13-1 encompasses approximately 90 gross acres ofland located in the portion of the south San Diego City ofChula Vista known as "Otay Ranch Village Seven". Of this 90 gross acreage, approximately 33 acres are expected to be developed by several merchant builders for residential use. Exhibit A presents the boundaries of the proposed District that include all parcels located within Village Seven owned by Otay Project L.P. At buildout, Village Seven will contain a total of approximately 361 Single Family Residences and a Community Purpose Facility within four Planning Areas. There will be several smaller parcels within Village Seven that will be exempt from Special Tax which include Property Owner Association parcels, Community Purpose Facilities parcels, open space and roads. Total exempt acreage is estimated at 57 acres. Community Facilities District No. 13-1 Dray Ranch Village Seven Page 1 October 2005 11-26 Special taxes for CFD No. 13-1 (Otay Ranch Village Seven) shall be levied to Taxable Property to satisfy the Special Tax Requirement as follows: . First, to Developed Property up to the Maximum Annual Special Tax; . Second, if necessary, to Undeveloped Property up to the Maximum Annual Special Tax for Undeveloped Property; . Third, if necessary, Maximum Annual Special Tax derived by the application of the Backup Special Tax increased proportionately from the Assigned Special Tax up to the Maximum Annual Special Tax and . Fourth, if necessary, Special Tax increased proportionately, to Contingent Taxable Property pursuant to Section E of Exhibit B up to the Maximum Annual Special Tax for Undeveloped Property. III. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES A. Description of Proposed Public Improvements A community facilities district may provide for the purchase, construction, expansion, or rehabilitation of any real or tangible property, including public facilities and infrastructure improvements with an estimated useful life of five (5) years or longer, which is necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring within the community facilities district. In addition, a community facilities district may pay in full all amounts necessary for any fixed special assessment liens or to pay, repay, or defease any obligation to payor any indebtedness secured by any tax, fee, charge, or assessment levied within the area of the community facilities district. The facilities described in this Report are all public facilities which the legislative body creating CFD No. 13-1 is authorized to own, construct, or finance, and which are required, in part, to adequately meet the needs of CFD No. 13-1. In addition, the facilities meet the criteria for authorized public facilities set forth in the City's Statement of Goals and Policies regarding the establishment of Community Facilities Districts. The actual Special Tax will be apportioned as described in the Amended Rate and Method of Apportionment (RMA) of the Special Tax for CFD No. 13-1 (Exhibit B). The actual facilities needs of CFD No. 13-1 arising from development therein may differ from those currently prioritized, the City of Chula Vista reserves the right to modify the actual priority list of facilities proposed herein to the extent CFD No. 13-1 deems necessary, in its sole discretion to meet those needs. The Special Taxes required to pay for the construction or financing of said facilities will be apportioned as described in the Amended Rate and Method of Apportionment (RMA) of the Special Tax for CFD No. 13-1. Proceeds of the proposed bonded indebtedness of CFD No. 13-1 will be used to finance backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, utilities, etc.), public facilities and Development Impact Fee Improvements. Community Facilities District No. 13-[ Dray Ranch Village Seven Page 2 October 2005 11-27 Following is a general description of the proposed facilities: . La Media Road . Magdalena A venue · Backbone Sewer & Paving - Fleishbein Street and Kincaid Avenue . Other Backbone Costs - Trail System/Storm Drain System . Santa Luna Street . Slope Landscaping 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) and Public Facilities Development Impact Fees (PFDIF). B. Estimated Cost of Proposed Public Improvements The facilities and the estimated costs herein are subject to review and confirmation. The costs listed in Table I, are estimates only, based upon current construction and land costs and actual costs may differ from those estimates noted in Table 1. The current CFD No. 13-1 facilities cost estimate is approximately $14 million, of which CFD No. 13-1 anticipates it will finance approximately $12.8 million with CFD bond proceeds, the balance will be born by the developers. TABLE! Facilities Imnrovements Estimated Cost La Media Road $4,332,063 Magdalena A venue $1,200,000 Santa Luna Street $2,186,379 Backbone Sewer & Paving - Fleishbein Street $477,226 and Kincaid Avenue Trail System/Storm Drain System $1,459,698 Slope Landscaping $2,339,082 Public Facilities (City of Chula $2,010,409 Vista Police, fire, Civic Center etc.) Total $14,004,857 Community Facilities District No. 13-1 Otay Ranch Village Seven Page 3 October 2005 11-28 IV. BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES A. Proiect Bond Sale The bond amount for CFD No. 13-1 is anticipated to be $15.7 million, which will finance approximately $12.8 million in eligible facilities. The bonds issued by CFD No. 13-1 will meet the terms and conditions of special tax bonds set forth in the City's Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts. B. Incidental Bond Issuance Expenses to be Included in the Proposed Bonded Indebtedness Pursuant to Section 53345.3 of the Act, bonded indebtedness may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the proposed debt is to be incurred, including, but not limited to, the costs of legal, fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest on any bonds of the district due and payable prior to the expiration of one year from the date of completion of the facilities, not to exceed two years; election costs; and all costs of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and other credit enhancement costs, and printing costs. The reserve fund is estimated to be the maximum allowable under Federal Tax Law. All other incidental bond issuance expenses are estimated at 4 percent of the face amount ofthe bonds. C. Incidental Expenses to be Included in the Annual Levv of Special Taxes Pursuant to Section 53340 of the Act, the proceeds of any special tax may only be used to pay, in whole or part, the cost of providing public facilities, services and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the cost of planning and designing public facilities to be fmanced, including the cost of environmental evaluations of those facilities; the costs associated with the creation of the district, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the district; any other expenses incidental to the construction, completion, and inspection of the authorized work; and the retirement of existing bonded indebtedness. While the actual cost of administering CFD No. 13-1 may vary, it is anticipated that the amount of special taxes, which can be collected, will be sufficient to fund at least $75,000 in annual administrative expenses. V. RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX All of the property located withiJ;l CFD No. 13-1, unless exempted by law, shall be taxed for the purpose of providing necessary facilities to serve CFD No. 13-1. Pursuant to Section 53325.3 of the Act, the tax imposed "is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property." The Special Tax "may be based on benefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel or other reasonable basis as determined by the Community Facilities District No. 13-1 Dtay Ranch Village Seven Page 4 October 2005 11-29 legislative body," although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution. As shown in Exhibit B the Amended Rate and Method of Apportionment provides information sufficient to allow each property owner within CFD No. 13-1 to estimate the maximum annual Special Tax he or she will be required to pay. Sections A through C, below, provide additional information on the Amended Rate and Method of Apportionment of the Special Tax for CFD No. 13-1. A. Explanation for Special Tax Apportionment When a community facilities district is formed, a Special Tax may be levied on each parcel of taxable property within the CFD to pay for the construction, acquisition and rehabilitation of public facilities, to pay for authorized services or to repay bonded indebtedness or other related expenses incurred by CFD No. 13-1. This Special Tax must be apportioned in a reasonable manner; however, the tax may not be apportioned on an ad valorem basis. When more than one type of land use is present within a community facilities district, several criteria may be considered when apportioning the Special Tax. Generally, criteria based on building square footage, acreage, and land uses are selected, and categories based on such criteria are established to differentiate between parcels of property. These categories are a direct result of the developer's projected product mix, and are reflective of the proposed land use types within that community facilities district. Specific Special Tax levels are assigned to each land use class, with all parcels within a land use class assigned the same Special Tax rate. The Act does not require the Special Taxes to be apportioned to individual parcels based on benefit received. However, in order to insure fairness and equity, benefit principles have been incorporated in establishing the Special Tax rates for CFD No. 13-1. The major assumption inherent in the Special Taxes rates set forth in the Rate and Method of Apportionment is that the level of benefit received nom the proposed public improvements is a function of land use. This assumption is borne out through an examination of commonly accepted statistical measures. For example, in measuring average weekday vehicle trip-ends, the Institute of Transportation Engineer's 1995 Trip Generation report identifies land use as the primary determinant of trip-end magnitude. Commercial land uses typically generate more trip- ends than do single family residential land use. Similarly, larger single family detached dwellings typically generate a greater number of trip-ends than do smaller single family detached homes, and therefore, will tend to receive more benefit nom road grading, road landscaping and road improvements. Drainage and flood control requirements generally vary with the amount of impervious ground cover per parcel. It follows that larger homes which have more impervious ground cover will create relatively more drainage flow than smaller homes. Community Facilities District No. J 3./ Otay Ranch Village Seven Page 5 October 2005 11-30 Special taxes for CFD No. 13-1 (Otay Ranch Village Seven) shall be levied to Taxable Property to satisfy the Special Tax Requirement as outlined in the CFD No. 13-1 Amended RMA. The Land Use Class Categories of Taxation have been established for CFD No. 13-1. The categories are defmed as follows: );> Residential Developed Parcels (single and multi-family residences) are taxed on the square.footage of the building; );> Non-Residential Developed Parcels are taxed based on acreage of the parcel; );> Undeveloped Parcels are taxed based on acreage of the parcel; and Based on the types of public facilities that are proposed for CFD No. 13-1 and the factors described above, the Special Taxes assigned to specific land uses are generally proportionate to the relative benefits received by them, and, accordingly, the Special Taxes in CFD No. 13-1 can be considered fair and reasonable. B. Maximum Annual Special Tax Rates Exhibit C lists the Maximum Annual Special Tax rates that may be levied against Developed Property, and Undeveloped Property within CFD No. 13-1. Exhibit C also illustrates the Backup Special Tax formula. The City Council will annually determine the actual amount of the Special Tax levy based on the method described in RMA (Exhibit B) and subject to the maximum Special Tax rates represented within Exhibit C. The City will levy a Special Tax to the extent necessary, sufficient to meet the Special Tax Requirement. C. Backup Special Tax When a Final Subdivision Map is recorded, the Backup Special Tax for Assessors Parcels of Developed Property classified as Residential Property or Undeveloped Property will be determined pursuant to Section c.1.b of Exhibit B. D. Accuracv ofInformation In order to establish the Maximum Annual Special Tax rates and the Backup Special Tax as set forth in the Amended Rate and Method of Apportionment for CFD No. 13-1, McGill Martin Self, Inc. has relied on information including, but not limited to absorption, land-use types, building square footage, and net taxable acreage which were provided to McGill Martin Self, Inc. by others. McGill Martin Self, Inc. has not independently verified such data and disclaims responsibility for the impact of inaccurate data provided by others, if any, on the Amended Rate and Method of Apportionment for CFD No. 13-1, including the inability to meet the financial obligations of CFD No. 13-1. Community Facilities District No. 13-1 Olay Ranch Village Seven Page 6 October 2005 11-31 VI. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT The boundaries of CFD No. 13-I include all land on which the Special Taxes may be levied. The Amended Boundary Map showing the property included within CFD No. 13-I is provided as Exhibit A. VII. GENERAL TERMS AND CONDITIONS A. Substitution Facilities The description of the public facilities as set forth herein, are general in their nature. The final nature and location of improvements and facilities will be determined upon the preparation of final plans and specifications. The final plans may show substitutes, in lieu or rriodifications to the proposed work in order to accomplish the work of improvement, and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service and are of a type substantially similar to that as set forth in this Special Tax Report. B. Appeals Any landowner who feels that the amount of the Special Tax is in error may file a notice with the City Administrator, appealing the levy of the Special Tax pursuant to the procedure specified in Rate and Method of Apportionment (Exhibit B). As appropriate the City Administrator will then review the appeal and, if necessary, meet with the applicant. If the findings of the representative verify that the amount of the Special Tax should be modified or changed, then, as appropriate, the Special Tax levy shall be corrected. Community Facilities District No. /3-1 Olay Ranch Village Seven Page 7 October 2005 11-32 EXHIBIT A CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 13-1 (Otay Ranch Village Seven) AMENDED BOUNDARY MAP 11-33 EXHIBIT B CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 13-I (OTAY RANCH VILLAGE SEVEN) AMENDED RATE AND METHOD OF APPORTIONMENT 11-34 EXHIBIT C CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 13-1 (Otay Ranch Village Seven) MAXIMUM ANNUAL SPECIAL TAX RATES FOR DEVELOPED PROPERTY AND UNDEVELOPED PROPERTY The Maximum Annual Special Tax is the higher of either the Assigned Special Tax or the Backup Special Tax as follows: Assigned Special Tax for Developed Property in Tax Zones A and B Community Facilities District No. 13-1 Property Description Proposed Tax Rate Residential Property $2,750 per dwelling unit + $.45 per square foot of Residential Floor Area Non-Residential $6,000 per Acre Property Assigned Special Tax for Undeveloped Property in Community Facilities District No. 13-1 Property Description Proposed Tax Rate Undeveloped and Contingent $59,505 per Acre Taxable Property - Zone A Undeveloped and Contingent $37,818 per Acre Property - Zone B Backup Special Tax in Community Facilities District No. 13-1 Zone A Zone B B = $ 59.505 x A L B =$ 37.818 xA L B = Backup Special Tax per Lot in each Fiscal Year A = Acreage classified as Residential Property L = Number oflots classified as Residential 11-35 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDED BOUNDARY MAP FOR COMMUNITY FACILITIES DISTRICT NO. 13-1 (OT A Y RANCH VILLAGE SEVEN), FORMING AND ESTABLISHING SUCH COMMUNITY FACILITIES DISTRICT AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN SUCH COMMUNITY FACILITIES DISTRICT TO THE QUALIFIED ELECTORS THEREOF WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has, by the adoption on September 20,2005 of Resolution No. 2005-319 (the "Resolution of Intention"), previously declared its intention to form a community facilities district and ordered the preparation of a Community Facilities District Report relating to the initiation of proceedings to create such 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 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 referred to as COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN) (the "District"); and, WHEREAS, notice of a public hearing relating to the establishment ofthe District, the extent of the District, the financing of certain types of public facilities 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 ofthe hearing to establish such District; and, WHEREAS, on September 20,2005, the City Council adopted its Resolution No. 2005-318 adopting a map showing the proposed boundaries of the District and such map was subsequently recorded in the office of the County Recorder ofthe County of San Diego (the "County Recorder") at Page 64 of Book 39 ofthe Book of Maps of Assessment and Community Facilities Districts for such County (the "Original Boundary Map"); and WHEREAS, subsequent to the adoption and recordation of the Original Boundary Map, Parcel Map No. 15134 was approved and recorded in the office of the County Recorder on September 27, 2005 as Instrument No. 2005-0836547 for Tract No. 05-09 Otay Ranch Village 7 "A" Map No. I; and WBD\320166.2 1 11-36 WHEREAS, the recordation of Parcel Map No. 15134 created legal parcels that enable the amendment of the Original Boundary Map to exclude certain properties that were not intended to be included in the District; and WHEREAS, a map showing the amended boundaries of the District and designated as "Amended Boundaries of Community Facilities District No. 13-1 "Otay Ranch Village Seven" City ofChula Vista, County of San Diego, State of California" (the "Amended Boundary Map") has been prepared and submitted to the City Council for its review and approval; and WHEREAS, by the adoption of the Resolution of Intention, the City Council declared its intention to authorize the levy of special taxes within the District pursuant to the rate and method of apportionment of such special taxes (the "Original Rate and Method"); and WHEREAS, the Original Rate and Method referred to two tax zones, Zones A and B, by reference to the Original Boundary Map which was Exhibit A to the Original Rate and Method; and WHEREAS, the approval of the Amended Boundary Map will require a modification to the Original Rate and Method to substitute the Amended Boundary Map for the Original Boundary Map as Exhibit A to the Original Rate and Method; and WHEREAS, a revised rate and method of apportionment of the special taxes (the "Amended Rate and Method") substituting the Amended Boundary Map for the Original Boundary Map as Exhibit A to such rate and method has been presented to the City Council for its review and approval; and WHEREAS, the modification ofthe rate and method of apportionment by the approval of the Amended Rate and Method will not increase the probable tax to be paid by the owner of any lot or parcel; and WHEREAS, all communications relating to the establishment ofthe District, the financing of certain public facilities and the rate and method of apportionment of 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; and, WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing within the territory ofthe 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 the District, 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. WBD\320166.2 2 11-37 SECTION 2. DETERMINATIONS. It is hereby determined by this City Council that: A. All prior proceedings pertaining to the formation ofthe District 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 defined by the applicable provisions ofthe Community Facilities District Law and as applied to the District 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 the District for each of the ninety (90) days preceding the close ofthe public hearing, therefore, pursuant to the Act the qualified electors of the District shall be the landowners of the District as such term is defined 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 ofland that she or he owns within the District. E. The time limit specified by the Community Facilities District Law for conducting an election to submit the levy ofthe special taxes to the qualified electors ofthe District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the District. 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 for the District (the "Report"), as now submitted by McGill Martin Self, Inc., Special Tax Consultant, shall stand as the report as required pursuant to Government Code Section 53321.5 for all future proceedings and all terms and contents are approved as set forth therein. SECTION 4. NAME OF DISTRICT. The City Council does hereby establish and declare the formation of the District known and designated as "COMMUNITY FACILITIES DISTRICT NO. 13-I (OTAY RANCH VILLAGE SEVEN)." WBDlJ20166.2 3 11-38 SECTION 5. BOUNDARIES OF DISTRICT. The boundaries of the District are generally described as all property within the amended boundaries of the District, as shown on the Amended Doundary Map, a copy of which is on file in the Office of the City Clerk. The Amended Boundary Map is hereby approved and shall supercede and replace the Original Boundary Map. The City Clerk is hereby directed to record or cause the recordation of a copy of the Amended Boundary Map 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. SECTION 6. DESCRIPTION OF THE PUBLIC FACILITIES AUTHORIZED TO BE FINANCED. A general description of the public facilities which are proposed to be financed under these proceedings, is set forth in Exhibit A attached hereto and incorporated herein by this reference. The facilities are facilities which the City Council 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 placed upon the City as a result of development occurring within the District, and the costs and expenses charged to this District represent the fair share costs of the facilities attributable to this District. For a further description of the facilities, reference is made to the Report, a copy of which is on file in the Office of the City Clerk. In addition to financing the above described facilities, the financing of those incidental expenses authorized pursuant to the Act are also approved and (luthorized. SECTION 7. SPECIAL TAX. Except where funds are otherwise available a special tax, secured by recordation of a continuing lien against all non-exempt real property in the proposed District, is hereby authorized, subject to voter approval, to be levied within the boundaries of the District. For particulars as to the amended rate and method of the special tax proposed to be levied within the District, reference is made to the Amended Rate and Method attached and incorporated as Exhibit "B" hereto, which sets forth in sufficient detail the method of apportionment of the special tax to allow each landowner or resident within the District to estimate the maximum amount that such person will have to pay. The Amended Rate and Method shall supercede and replace the Original Rate and Method. The special tax shall be utilized to pay directly for the previously described facilities, to pay debt service on bonds issued by the District to assist in financing such facilities, to replenish any reserve fund established for such bonds, and to pay the costs of administering the bonds and the District. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subj ect to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the WBD\320166.2 4 11-39 County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. Under no circumstances will the special tax to be levied against any parcel within the District 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. This legislative body further authorizes that special taxes may be prepaid and satisfied by payment of the prepayment amount calculated pursuant to the Amended Rate and Method. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California against the property within the District, a continuing lien to secure each levy ofthe 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 8. SPECIAL TAX ACCOUNT ABILITY MEASURES. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 7 above: A. The special tax shall be levied for the specific purposes set forth in Section 7. above. B. The proceeds of the levy of such special tax shall be applied only to the specific applicable purposes set forth in Section 7. above. C. The District shall establish a separate account into which the proceeds of such special tax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section )0075.3. SECTION 9. 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: WBD\320166.2 5 11-40 Engineering Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 (619) 691-5021 SECTION 10. SUBSTITUTION FACILITIES. The description of the public facilities, as set forth in Exhibit A hereto, is general in its nature. The final nature and location of such facilities will be determined upon the preparation of final plans and specifications therefor. Such final plans may show substitutes in lieu of, or modification to, the above described facilities and any such substitution shall not be a change or modification in the proceedings as long as the facilities provide a service substantially similar to that as set forth in this Resolution. SECTION 11. ELECTION. This City Council herewith submits the levy of the special tax within the District to the qualified electors thereof, such electors being the landowners in the District, with each landowner having one (1) voter for each acre or portion thereof ofland which he or she owns within the District. PREPARED BY: APPROVED AS TO FORM BY: Sohaib Al-Agha City Engineer WBD\320166.2 6 11 -41 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 the following: A. The following backbone streets and related improvements, including without limitation, grading, paving, slope landscaping, sewers, traffic signals, drainage improvements, adjacent trail system and public utilities: 1. La Media from Birch to the southwest property line 2. Santa Luna 3. Magdalena Avenue; B. Other street improvements authorized to be financed rrom the proceeds of the Transportation Development Impact Fee; C. Other public improvements authorized to be financed rrom the proceeds of the Public Facilities Development Impact Fee; and D. Construction and installation of trunk sewer in Flishbein and Kincaid and appurtenant improvements. A-I WBDlJ20166.2 11 -42 EXHIBIT B AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX SEE ATTACHMENT 2 TO THE STAFF REPORT. B-1 WBD\320166.2 11-43 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS FOR COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN), SUBMITTING TO THE QUALIFIED ELECTORS OF SUCH COMMUNITY FACILITIES DISTRICT SEPARATE PROPOSITIONS TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, TO AUTHORIZE SUCH COMMUNITY FACILITIES DISTRICT TO INCUR A BONDED INDEBTEDNESS SECURED BY THE LEVY OF SUCH SPECIAL TAX TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT, AND GIVING NOTICE THEREON WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City Council"), has previously declared its intention and held and conducted a public hearing relating to the issuance of bonds to be secured by special taxes to finance certain public facilities in a community facilities district, as authorized pursuant to the terms and provisions of the "Mello- Roos Community Facilities Act of 1982", being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN) (the "District"); and, WHEREAS, at this time the City Council desires to proceed to make the determination of necessity to incur a bonded indebtedness for the District, to declare the purposes for such debt, and to authorize the submittal of a proposition to the qualified electors of the District, being the landowners of the District, all as authorized and required by the Community Facilities District Law; WHEREAS, the City Council further desires to authorize the submittal of propositions to such qualified electors of the District to (a) authorize the levy of special taxes within the District and (b) to establish an appropriation limit for the District; WHEREAS, all of the qualified electors of the District have waived the time limits specified in the Act pertaining to the conduct of the election and the requirements for impartial legal analysis and arguments have also been waived by the unanimous consent of the qualified electors of the District; and WHEREAS, the City Clerk, as the Election Official, has concurred in the shortening of time for conducting the election. WBDl320167 21 11-44 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. NECESSITY FOR BOND ISSUES. The City Council hereby expressly declares and states that it is necessary to incur a bonded indebtedness of the District as authorized under the terms and provisions of the Community Facilities District Law, in order to finance the types uf public facilities described in Exhibit A attached hereto and incorporated herein by this reference. SECTION 3. BOND INDEBTEDNESS. The specific purposes for the proposed bonded indebtedness are as follows: To finance a portion of the costs of the acquisition or construction of certain public facilities consisting of the facilities described in Exhibit A hereto (the "Facilities") which is incorporated herein by this reference, appurtenances and appurtenant work and any and all ofthose applicable incidental costs described in and authorized by Government Code Section 53345.3. SECTION 4. TERRITORY TO PAY FOR BONDED INDEBTEDNESS. This City Council determines that the property within the entire District will pay for the bonded indebtedness referred to in Section 3 above. A general description of the District is as follows: All property within the amended boundaries of Community Facilities District No. 13-1 (Otay Ranch Village Seven), as shown on a map as previously approved by the City Council, such map designated by the name of this District, a copy of which is on file in the Office of the City Clerk. SECTION 5. BOND AMOUNT. The amount of the proposed bonded indebtedness, including the cost of the Facilities, together with all incidental expenses, shall not exceed $20,000,000. SECTION 6. BOND TERM This City Council hereby further determines that the maximum term of bonds and/or any series shall not exceed forty (40) years, and such bonds may be issued in differing series, at differing times. The maximum rate of interest to be paid on such bonds may not exceed the greater of either twelve percent (12%) per annum or the maximum rate permitted by law at the time of sale of any of such bonds. The bonds, except where other funds are made available, shall be paid exclusively from the annual levy of the special tax within the District, and are not secured by any other taxing power or funds ofthe District or the City. SECTION 7. ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the provisions of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part I of Division 2 of Title 5 of the Government Code, this City Council hereby establishes the following accountability measures pertaining to any bonded indebtedness incurred by or on behalf of the District: WBD\J20167.22 11 -45 A. Such bonded indebtedness shall be incurred for the applicable specific purposes set forth in the Section 3. B. The proceeds of any such bonded indebtedness shall be applied only to the applicable specific purposes identified in Section 3. C. The document or documents establishing the terms and conditions for the issuance of any such bonded indebtedness shall provide for the creation of an account into which the proceeds of such indebtedness shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with this City Council as required by Government Code Section 53411. SECTION 8. ELECTION. The propositions related to the incurring of the bonded indebtedness shall be submitted to the appropriate qualified voters, together with ballot propositions to authorize the levy of special taxes within the District and to establish an appropriations limit for ihe District, at a special election to be held on November I, 2005, and such election shall be a special election to be conducted by the City Clerk (the "Election Official"). If any proposition for the levy of the special tax and any proposition for incurring the bonded indebtedness receives the approval of two-thirds (2/3) or more of the votes cast on each respective proposition, bonds may be authorized, issued and sold for the applicable purposes set forth herein and the applicable special tax may be levied as provided in Resolution Forming and Establishing Community Facilities District No. 13-1 (Otay Ranch Village Seven) and Authorizing the Submittal of Special Taxes to the Qualified Electors Thereof. If the proposition to establish the appropriations limit for the District receives the approval of a majority of the votes cast on such proposition, such appropriations limit shall be established. SECTION 10. BALLOTS. The ballot proposals to be submitted to the qualified voters of the District at the election shall generally be as follows: PROPOSITION A Shall the City of Chula Vista Community Facilities District No. 13-1 (Otay Ranch Village Seven), subject to accountability measures set forth in Resolution No. 2005-_, levy a special tax throughout such district pursuant to the rate and method of apportionment thereof set forth in such resolution for the purposes of paying debt service on bonds of such district, replenishing the reserve fund for such bonds, paying costs of administering such indebtedness and such district and paying directly for the types of facilities described in such resolution? WBD1320167.23 11-46 PROPOSITION B Shall the City of Chula Vista Community Facilities District No. 13-1 (Otay Ranch Village Seven), subject to accountability measures set forth in Resolution No. 2005-_, incur a bonded indebtedness of such district. in an amount not to exceed $20,000,000 for the specific purposes set forth in such resolution? PROPOSITION C Shall the City of Chula Vista Community Facilities District No. 13-1 (Otay Ranch Village Seven) establish an Article XIIrn appropriations limit equal to $20,000,000? SECTION 10. VOTE The appropriate mark placed on the line in front of the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed on the line in front of the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 11. ELECTION PROCEDURE The Election Official is hereby authorized to take any and all steps necessary for the holding of such election. The Election Official shall perfonn and render all services and proceedings incidental to and connected with the conduct of the election, which services shall include, but not be limited to, the following activities as are appropriate to the election: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary fonns. C. Furnish and address official ballots for the qualified electors. D. Cause the official ballots to be delivered to the qualified electors or their authorized representatives, as required by law. E. Receive the returns of the election and supplies. F. Sort and assemble the election material and supplies III preparation for the canvassing ofthe returns. G. Canvass the returns of the election. H. Furnish a tabulation ofthe number of votes given in the election. WBD\J20167.24 11-47 1. Make all arrangements and take the necessary steps to pay all costs of the election incurred as result of services performed by the District and pay costs and expenses of all election officials. 1. 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 Al-Agha City Engineer WBD\320167 25 11 -48 EXHIBIT A DESCRIPTION OF TYPES OF FACILITIES The public facilities authorized to be financed from the proceeds of bonds issued by the District shall include the following: A. The following backbone streets and related improvements, including without limitation, grading, paving, slope landscaping, sewers, traffic signals, drainage improvements, adjacent trail system and public utilities: 1. La Media from Birch to the southwest property line 2. Santa Luna 3. Magdalena A venue; B. Other street improvements authorized to be financed from the proceeds of the Transportation Development Impact Fee; C. Other public improvements authorized to be financed from the proceeds of the Public Facilities Development Impact Fee; and D. Installation of trunk sewer in Fishbein and Kincaid and appurtenant improvements. A - 1 WBDlJ201672 11-49 CITY COUNCIL AGENDA STATEMENT Item: / d).. Meeting Date: 10/25/05 ITEM TITLE: PUBLIC HEARING: Consideration of PCS 05-10; Tentative Map to subdivide LOS acres at 916 Fourth Avenue into a one-lot condominium parcel contain 15 residential units - Oak Fourth Development, LLC. SUBMITTED BY: RESOLUTION: Resolution of the City Council approving a tentative map to subdivide LOS acres at 916 Fourth Avenue into a one-lot condominium Tentative Subdivision Map containing 15 residential units. Director OfPla7g and Buildin~ City Manager ;;/ J~ VI? --r~ (4/5Vote:Yes_No-X) REVIEWED BY: The Applicant, Oak Fourth Development, LLC, has submitted an application for a Tentative Subdivision Map (one-lot condominium map) to convert an existing 15-unit apartment complex to 15 condominium units for individual ownership. The 1.0S-acre project site is located at 916 Fourth Avenue (see Exhibit A, Locator Map). Environmental Status: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has detennined that the proj ect qualifies for a Class I ( existing facilities) categorical exemption pursuant to Section 1530 I of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION: That the City Council adopt Resolution PCS-05-1 0; approving the Tentative Subdivision Map for a one-lot condominium map for 15 units subject to the findings and conditions contained in the attached draft City Council Resolution. BOARDS AND COMMISSION RECOMMENDATION: On September 2S, 2005, the Planning Commission considered the proposed proj ect and voted (6-0- I-a) recommending that the City Council approve the Tentative Map application. DISCUSSION: 1. Project Background This is a request for a Tentative Subdivision Map for a Condominium Conversion of an existing 15- unit apartment complex. The existing apartment complex was constructed in 19S7 and consists of 15 apartment units and common open space. Tentative and Final map approvals are required to create /2 - / Page No.2, Item: /1- Meeting Date: 10125/05 the one-lot IS-unit condominium map, with final action by the City Council. Condominium conversion projects in Chula Vista also require Design Review. The Zoning Administrator is scheduled to consider the Notice of Decision for the Design Review application after approval ofthe Tentative Map. The Design Review permit proposes exterior building upgrades for the proposed condominium conversion, including new stucco color coat and paint on all exterior surfaces of the buildings. replacing the roof and mailbox, installing a tot yard and play structure, repairing and replacing all driveways and walkways where needed, and refreshing the landscaping where needed. These design upgrades are minor in nature requiring only administrative design review approval by the Zoning Administrator, which will occur after the City Council approval. 2. Project Site and Setting .The site is a rectangular shaped, level, I.08-acre lot with an existing apartment complex located at 916 Fourth Avenue. The existing uses adjacent to the site are listed in the table below. Table I: Zoning and Land Use General Plan Zoning Site Residential High R-3-P-14 North Public/Quasi- R-l Public East Public/Quasi- R-l Public South Residential Low Rl Medium West Residential High R-3-P-14 3. Project Description: Existing Land Use Apartment Complex Existing Single Family Homes School Existing Single Family Homes Mobile Homes The complex consists of fifteen 3-bedroom units, with twelve 3-bedroom units arranged into one 2- story building and three 3-bedroom units in a building with both a one- and 2-story component, and 36 surface parking spaces. The North Building has six lower level units between 1,145 to 1,148 SF, while the upper level has six units between 1,176 and 1,181 SF, all with 3 bedrooms and 2 baths. The West Building has two lower level units of!, 148 SF, while the upperlevel has one unit of!, 176 SF, all with 3 bedrooms and 2 baths. /2-2.. Page No.3, Item: 12. Meeting Date: 10/25/05 No significant exterior structural changes are proposed. The Design Review Permit proposes exterior building upgrades for the proposed condominium conversion, including repair and repainting of exterior surfaces of the buildings, replacing the roof and mailbox, installing a tot yard and play structure, repairing and replacing all driveways and walkways where needed, and rerreshing the landscaping where needed. Interior upgrades include new flooring throughout each unit, replacement of kitchen and bathroom cabinets, countertops, tub, showers, and toilets; new texture and paint on all walls and ceilings; interior doors and molding to be replaced as needed; and all fixtures and appliances to be replaced. The community hot water heating capacity will be upgraded and the community laundry facility will have new washers and dryers installed. The required storage space is provided in outdoor storage closets in the backyard patio oflower level units and the balcony of upper level units. The units are already served by separate electric meters, while gas, water, and sewer will be the responsibility of the Homeowners Association. Table 2: Project Data Assessor's Parcel Number: 618-072-21 Current Zoning: R-3-P-14 Land Use Designation: Residential High Lot Area: 1.08 acres REQUIRED: PROVIDED: Parking: 30 Spaces total, including 2.0 34 Open stalls spaces per 2 or more bedrooms. 2 Handicapped spaces 36 Total Spaces LPt Coverage: 50 % 23 % Setbacks: Front: 15 ft. 31 ft. Exterior Side Yard: 10ft. Not applicable One Interior Side Yard: 5 ft. Not applicable Both Interior Side Yards: 10ft. 10 ft. Rear: 15 ft. Rear: 31 ft. Storage: 250 cu. ft. / 3-bedroom unit 256 cu. ft. Common Open Space: 7,200 SF 16,576 SF (480 SF/ 3-BR unit x 15 units) (excess of9,376 SF) Building Height: 28 feet or 2.5 stories 26 feet ANALYSIS: Noticing Documentation Pursuant to Section 66452 of the Subdivision Map Act, condominium conversion projects must satisfY /;,J. -3 Page No.4, Item: 12- Meeting Date: 10/25/05 certain noticing requirements. The applicant has completed the tenant noticing required by the State and by the Municipal Code prior to Tentative Map consideration, including "Form A", the "60-Day Notice to All Existing Tenants ofIntentto convert"; and "Form B", the "Notice to all Prospective Tenants of Intent to Convert". Table 3 below identifies the noticing requirements and when existing and prospective tenants should receive them. The tenants have been aware of the condominium conversion project proposal since Form A was sent in June of 2004, and will be given notice of having the first option to purchase a unit. Sample notices provided by the Applicant are attached (see Exhibit C, Noticing Documentation). Table 3: Noticing Documentation NOTICE REQUIREMENT HOW LONG & WHEN COMPLIANCE 60-day notice to all existing tenants of 60 days prior to filing a Design 60-day notices were sent intent to convert - "Form A"* Review and Tentative Map certified mail to eXlstmg application with the City tenants during March and April 2004. Notice to all prospective tenants of Prior to acceptance of any rent or Applicant has submitted a intent to convert - ~'Form B"* deposit from the prospective current tenant list with copies tenant of signed forms for all new tenants 10-day notice to all existing tenants of 10 days before or after submittal To be determined! Typically an application of a Public Report - of the Public Report to the following Final Map approval "Form C" Department of Real Estate 1 O-day Notice to all existing tenants of Within 10 days of approval of the To be determined! Typically Final Man annroval- "Form D" Final Man bv the City following Final Map aooroval Notice to all prospective tenants of Prior to acceptance of any rent or To be determined prior to option to purchase/termination of deposit from the prospective approval of Final Map tenancy - "Form E" tenant 90-day Notice to all existing tenants of For a period of 90 days after To be determined pnor to option to purchase/termination of issuance of the Public Report approval of Final Map tenancy - "Farm F" from the Department of Real Estate 180-day notice to all existing tenants of 180 days prior to termination of To be determined prior to intent to convert/termination of tenancy tenancy approval of Final Map - "Form G" Homebuver/Relocation Assistance: The applicant will assist with the relocation of those tenants who prefer not to purchase their units by being provided relocation information through a meeting with the City's Housing office, by providing monetary compensation equivalent to two months rent at the existing project upon date of moving out, their full security deposit back, and a referral list of affordable housing that is generated by the Community Development Department. For tenants who wish to purchase their units, the applicant has offered them a $7,500 discount off /.). -If Page No.5, Item: 12- Meeting Date: 10/25/05 the top dollar price of a comparable unit. Those wishing to purchase a downstairs unit would receive a discount based on the highest price of a downstairs unit, while those wishing to purchase an upstairs unit would receive a discount based on the highest price of an upstairs unit. The tenant has the option of accepting this price reduction in the form of a buyer's credit or as a discount on the final sales price. Tenants are also being provided further home buying assistance with information on Community Housing Works, a non-profit organization that assists first-time homebuyers by providing access to special loan and grant programs available through state and local government, and assistance with budgeting and credit repair. (See Homebuyer and Relocation Assistance letter, Exhibit D). Staff has included a condition of approval requiring that the applicant provide evidence that the requirements ofthe homebuyer assistance program has been satisfied prior to approval of the final map. Property Condition Assessment Report Because the apartment complex is more than five years old, the Applicant is required to prepare a "Property Condition Assessment Report", which lists recommendations that will upgrade the property and units (see Exhibit E, "Property Condition Assessment Report - Executive Summary"). Staffhas incorporated the recommendations as Tentative Map conditions of approvaL Table 4 below lists the existing services utilities within the project and what is proposed under the Tentative Map. Table 4: Utilities UTILITY EXISTING CONDITION PROPOSED CONDITION Air conditioning Not provided. No change proposed. Heating Electric wall heaters in living New electric wall heaters to be room. installed in each unit. Water heaters Single common gas water heater. HOA Gas Common gas meter for single HOA common gas water heater. Electric meter Individual meters - central No change proposed. wiring system. Water HOA HOA Sewer HOA HOA *Cable Individual unit. No change proposed. *Telephone Individual unit. No change proposed. "Not covered in the HOA The maintenance and monthly payment of the utilities would be addressed in the project's CC&Rs. The applicant is proposing replacement of the wall heating units, and replacement of the common gas-heated hot water tank with individual tankless water heaters. Staff is recommending that the project meet current Fire Code requirements, including smoke detectors and fire extinguishers, and /..< -5" Page No.6, Item: /2- Meeting Date: 10/25/05 be inspected and approved by the Fire Department, and that gutters and downspouts be provided on all buildings to prevent water stains and mildew on exterior walls. Municipal Code Requirements: A condominium conversion project must satisfY certain City requirements including current zoning, which is R-3, Chula Vista Design Manual, and Chula Vista Municipal Code (CYMC) requirements, which include off-street parking, open space, and condominium conversion regulations per City ordinance. The following sections discuss how the project complies with these requirements. Open Space -- Common Open Space: CYMC Section 19.28.090 requires 480 square feet of common usable open space per 3-bedroom unit; therefore, the project must provide a minimum of 7,200 square feet of open space. This project provides 16,576 SF of open space. The existing open space includes balconies on 7 upper level units, fenced backyards on 9lowerlevel units, a 4,316 SF common open space area proposed to have a tot lot and play structure, and approximately 4,335 SF oflandscaped area. Conversion of Dwelling Units to Independent Ownership (CYMC Chapter 15.56): Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, apartments converted to condominiums for sale must address the following issues: parking, adequate storage for each unit, common useable open space areas, and must satisfY fire and Uniform Building Code standards before occupancy. A. Fire Protection: An on-site fire hydrant is located adjacent to the parking lot and buildings. The project must provide upgraded fire extinguishers and smoke alarms. The project is also conditioned to comply with current fire protection requirements. B. Uniform Building Code: The Building Department reviewed the "Property Condition Assessment Report" prepared by the National Assessment Corporation, Inc, and found that the Project will satisfY the Building Code requirements if the recommended improvements are constructed or put in place. These requirements are generally described in the Property Condition Assessment Report Executive Summary, and implementing conditions of approval specified in Exhibit F. C. Storage: Section 15.56.020 requires adequate storage area for each unit. Three bedrooms require 250 cu. ft. of storage, which is satisfied by this project. Upper level units have storage units containing 256 cu. ft. adjacent ITom the balcony, while lower level units have storage units containing 256 cu. ft. adjacent to their patios in the backyard. D. Housing Code: The Project is required to conform to Uniform Housing Code requirements in 1~-fD Page No.7, Item: 1"2- Meeting Date: 10/25/05 existence at the time of the approval of the Subdivision Map. The project has completed a housing inspection and is required by condition of approval to correct any deficiencies prior to Final Map approval. E. Protective Lighting Standards: Lighting information has been conditioned to submitted as part of the building permit application. F. Off-street parking: CYMC 19.62.050 Regulations requires 2 parking spaces for each two- bedroom or larger sized apartment. The project includes 15 - 3 bedroom units, requiring 30 off street parking spaces. The Project provides 36 off-street parking spaces for resident use, including 34 open stalls, and 2 handicapped spaces G. Design Guidelines: The applicant has submitted a Design Review application that is in process. The Zoning Administrator action is tentatively scheduled for approval after City Council approval of the Tentative Map. Generally, the design of the building and its surrounding landscaping are attractive and well maintained. The Applicant does not propose significant exterior structural changes to the existing buildings, but will upgrade the building's appearance, including new stucco color coat and paint on all exterior surfaces of the buildings, replacing the roof and mailbox, installing a tot yard and play structure, repairing and replacing all driveways and walkways where needed, and refteshing the landscaping where needed. A detailed Landscape Plan prepared per the requirements of the City's Landscape Manual shall be submitted for review and approval prior to or at the time of submittal of building permits. H. Separate Service Meters: Each unit has individual electric meters. A Homeowners Association will be responsible for the gas, water, and sewer service utility meters. The Applicant shall provide CC&Rs prior to final map approval showing how this will be satisfied. 1. Housing Department Compliance Survey: The Applicant has completed a Housing Code compliance survey and a condition of approval is included requiring the applicant to correct any violations prior to Final Map approval. J. The applicant submitted a "Property Condition Assessment Report" for review by the City's Building Official. The report concludes that the existing apartment complex is in good condition, structurally and cosmetically. However, the assessment identifies immediate repairs and short-term intermediate repairs. After reviewing the recommendations, staff recommends that the report recommendations be incorporated into the remodel program. Staffhas included the report recommendations as conditions of approval in Exhibit F. K. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with approval of the Final Map. /..;)-7 Page No.8, Item: ,2- Meeting Date: 10/25/05 CONCLUSION: Based on the preceding information, staff is of the opinion that the project meets the requirements for a condominiwn conversion and that the City Council can approve the Tentative Map subject to the conditions listed in the attached City Council Resolution. FISCAL IMP ACT: There are no fiscal impacts from the preparation of this report and the processing of the Tentative Subdivision Map. All costs are covered by the deposit accounts. Attachments A. Locator Map B. Half-size Sheets: 1. Tentative Map 2. Site Plan 3. Floor Plan 4. Landscape Concept Plan C. Noticing Documentation D. Homebuyer and Relocation Assistance Program E. Property Condition Assessment Report - Executive Summary F. Exterior and Interior Improvement, Repairs, and Upgrades G. Disclosure Statement (J:IPlanninglCase File~-05 (FY 04-05)\PCSIPCS-05-10 - 916 FourtllStaffRepomlCClPCS_05-IO-CC-Agenda Statement.dog /.2 --R LOCATOR MAP .~UiME)JT 4 916 Fourth Avenue J~'q? ~ Chula Vista Hlah School PROJECT LOCATION ...., ~ Rice Elementarv School LCSR NORTH ,/~-? ~~ ~j ! ~~ !-1 j '<'(~ l! ~ ~ ~~8 JJ ~ "",,... ~ "to~ I ~.'I .~ \!I~ ~ , . i '0 i, " 100)0 . ~ . I I., ~ . ". j ~I! ~. ;;;"',~ ~ .."" i 1,11.1 Iii <<<< ! j "".' ~ !!!! . ~iI: 1111111;; 1:11." Iii~ ~ t: I!I ~ 9 J== 1:!:71:! 51 , ...:61 !::I~~~ ~ i:~ ':=! i a' i i !II 5 >- i i' ;! -lili', ":i~ii<i" i! i; I II i~ II hl;;I,I,; .,,:.~"!" Ii . ,j I ',! I' ~I i. !<,j I' Ih' 1I!"!i! ",~, , · 'I ~ ! 'j",ill!:'I'*"1 !I!i",!!!!!!i 111'111 !., h! li~ IU ;l!!h8 "'lei I ar 'f:'P::R'e:i'rii!: ~I :ilj~!!1 ~ & 9"! 1!I::j iliWmHiIi!! -Iii II! i~~ H!!,!j H!!!i~!I!I'! IIWtiiil I~!!! . "" . . ~.md ~ ~'-I '" 7 .. ~ <I.. 'II I!!c", 10, . ,,_._.. '" .. ..!iI,. e ~ II~ ~ ~, _' MdJ~ I !" " 'i' HldON 0' I~ '~i i~!! 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Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. ArtIcle Addressed to: D. Is delivery address different from item 17 If YES, enter delivery address below: Patricia Chalmers 916 Fourth Ave Apt. J Chula Vista CA 91911 (lrT/fC.-f-tMEJJ[ C. 3. Service Type z1 Certifiod Mail 0 Express Mail o Registered ~ Retum Receipt for MerchandIse o Insured Mail 0 C.O.D. 4. R_ctod Delivery? (Extra Fee) 0 Yes 2"; ArtIcle Number (Transfer from service label) PS Form 3811, February 2004 7003 1010 0003 2422 9477 Domestic Return Receipt 102595-02-M-1540 . Complete~ems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your: name and address on the reverse so that we can retum the card to you. . Attach this card to the back of the mailpiece-,.,,~ ' or on the front if space permits. " 1. ArtIcle Addressed to: Tracy Young-Holden 916 Fourth Ave. Apt. K Chula Vista CA 91911 3. Service Type ~odMail o Registered o Insured Mail o Express Mail ~Retum Receipt for Merchandise o C.O.D. . 4. R_ctod Delivery? (Extra Fee) DYes 2. Miele Number rr~.from.S~~.lap~ "''i[' ,.". "pS Fomi.3811. February 2004 -- -- ~ -- 7GI3 1010 0003 2422 9484 DOmestic ~eturn Receipt 102S95-02-M-1540 ....-:.. ~ SENDER: COMPLETE THIS SECT/ON · Complete Ite"7s 1, 2, and 3. Also complete ~em 4 If Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you.. · Attach this card to the back of 'the mailpiece or on the frcnt if space permits. " 1. ArtIcle Addressed to: COMPLETE THIS SECTION ON DEL/VERY A Signature DAgen! o Addressee C. Date of DeliverY x B. Received by (Printed Name) D. Is delivery address different from item 11 0 Yes If YES, enter delivery address below: 0 No Juan Romero 916 Fourth Ave. Apt M ChuJa Vista CA 91911 3. Service Type j:2"Certified Mail o Registered o Insured Mail o Express Mail }i!!! Return Receipt for Merchandise o C.O.D. 2. Article Number (Transfer from service label) 4. Restricted Delivery? (Extra Fee) DYes 7003 1010 0003 2422 9507 .. . . · Complete 'items 1, 2, and 3. Also complete ~em 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece or on the front if space permits. . 1. ArtIcle Addressed to: ~Id Gar~iCi1 . G\llQ ftu(-tt, Av<;Prfl'. ~ . Chu/ti ViS'1ttj cPr '1l~ It 2. ArtIcle Number (TranSfer from.ServlCe /itbetj PS Form 3811. February 2004 COMPLETE THIS SECTION ON DEUVERY A Signature xS D Agent o Addressee C. Date of Delivery D. Is de/ivety address different from item 1? 0 Yes If YES. enter delivery address below; 0 No 3. Service Type J2f" Certified Mail 0 Express Mail o Registered ..d Retum Receipt fcir Merchandise o Insured Mail 0 C.O.D. 4. Restricted [)ejlvery? (Extno Fee) 7003 1010 0003 2422 9378 Dyes DOmestic Return Receipt 1 Q2S95-{J2-M-154Q Complete items 1, 2, and 3. Also complete "7_ item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can retum the card to you. . Attach this card to the back of the mailp!ece. or on the front if space permits. 1. Article Addressed to: Richard Jimenez 916 Fourth Ave. Apt 0 Chula Vista CA 91911 2. ArtIcleNumber (Transfer from serViCe label} PS Form 3811, February 2004 D. Is delivery address different from item 17 0 Yes If YES. enter delivery address betow: 0 No "'" 3. Service Type ~ Certified MaJl o Registered' o Insured Mall o Express Mail %Retum Receipt for Merchandise D C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 7003 1010 0003 2422 9361 102595-02.M-1540'1~_ Domestic Retum Receipt ~ SENDER: COMPLETE THIS SECTION . Complete 'Items 1, 2, and 3. AJso complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse SO that we can return the carel to you. . Attach this card to the back of the mailpiece, or on the front jf space permits. 1. ArtIcle Addressed to: Gabriel Herrera 916 Fourth Ave. Apt. C Chula Vista CA 91911 x DAgent o Addressee C. Date of Delivery ~ B. Received by ( Printed Name) D. Is delivery address different from item 17 0 Yes If YES, enter delivery address beloW! 0 No 3. Service Type ~Certified Mail t:i Registered o Insured Mail o Express Mall ,t:;l'Retum Receipt for Merchandise D C.O.D. 2. Article Number (Transfer (rom service label) ~-/s- 4. Restricted Delivery'? (Extra Fee) DYes ........~ ~ .... 7003 1010 0003 2422 9354 .,.,,,,,,,,,,,,,,",u.,,ArI ...._---~,- ...._~.._- ...._--,-~ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Paui Villavicencia 916 Fourth Ave. Apt L Chula Vista CA 91911 x. . D Agent Addressee C. Date of Delivery B. Received by ( Printed Name) D. Is delivery address different from item 1? 0 Yes If YES. enter delivery address below: 0 No 3. Service Type J!f Certified Mall 0 Express Mall o Registered ~etum Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number {Transfer from service label} PS Form 3811, February 2004 7003 1010 0003 2422 9491 102595-02-M-1540 : Domestic Return Receipt . Complete ~ems 1, 2, and 3. Also complete ~m 4 ~ Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mallpiece-,. or on the frOrifif space permits.. 1. Article Addressed to: Cindy Santamaria 916 Fourth Ave. Apt I Chula Vista CA 91911 2. ArtIcle Number (Transfer from serviC9/abeI) PS Form 3811, February 2004 D Agent o Addressee C. Date of Delivery D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. SeNIce Type l! Certified Mail D Registered o Insured .Mail D Express Mail ~ Return Receipt for Merchandise DC.O.O. 4. Restricted Delivery? (Extra Fee) DYes 7003 1010 0003 2422 9088 ,102595-02.M-1540 Domestic Return Receipt ---,.__.~.- . -._, SENDER: COMPLETE THIS SECTION . Complete ~ems " 2, and 3. Also complete ~em 4 ~ Restricted Delivery is desired. . Print your. name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece; or on the front if space permits. 1. Article Addressed to: Wallace Rosser 916 Fourth Ave ApI. H Chula Vista CA 91911 2. Article Number (Transfer from service labe . . D Agent o Addressee C~ Date of Delivery x B. Received by ( Printed Name) D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type J2f Certified Mail D Registered o Insured Mail o Express Mail p'Retum Receipt for Merchandise DC.O.D. 4. Restricted Delivery? (Extra Fee) DYes 7003 1010 0003 2422 9408 Domestic Return Receipt 102595-02-M.1540 i PS Form 3811 , February 2004 . Complete it."~, and 3. Also complete Item 4 if Restricted Delivery is desired. .. Print your name and address on the- reverse so that we can return the card to you. . Attach this card to the back of the mailplece.. or on the front if space permits. 1. Article Addressed to: Joaquin Rodriquez 916 Fourth Ave. Apt A Chula Vista CA 91911 2. ArtIcle:Number {TranSfer from s8iVi~ D. Is delivery address different from item 11 0 Yes 11 YES, enter delivery address belovr. 0 No 3. Service Type J! Certitted Miut o Registered o Insured Mail o Express Marl ~etum RecelptfofMeo::handlSe. tJ C.O.D. . 4. Restricted Dellve<y? (E><tra Fee) DYes 7003 1010 0003 2422 9347 102595-02.M-1540 . . PS Form 3811, February ,2004 n_._~_"__. Domestic Return Receipt ._... u____._.. SENDER: COMPLETE THIS SECTION .r . Complete '~ems 1, 2, and 3, Also complete Item 4 if Restricted Delivery Is desired. . print y.pur...name and address on the reverse so that we can return the card to .you. .. Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~ Elena Ruffin 916 Fourth Ave Apt N Chula Vista CA 91911 2. Article Number (TranS'fer frOm_SaMea iiJbeO PS Form 3811, February 2004 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below! 0 No 3. Service Type \ P Certified Mail tnxpress Mail o Registered J2"Ratum Receipt for Merchandise o Insured Maif 0 C.O.D. 4. Restricted Delver(l (E><tra Fee) 0 Ves 7003 1010 0003 2422 9514 Domestic ~etum Receipt 102595.()2.M-154Q /..l -/7 12/01/2004 WED 12:39 ~~ 619 5~6 6164 STERLING LAND SERVICES IiiI002l002 -------- .----..- \, 'I' '~~~~';~~i~~~~' ~~'~~'~i~'i~~ '~~~;~~;~~'.f'~rm A,;he ~~da~~t;C~' ~a~~~~'~ .~~ .~.. ~~'~~~'~~~;"""""""'i i.:::....:...:... ,.... '.:'. ~ .....f. ,'''::'. '. '. '. :','. '.: '. ........ ...........;........ ....~.. '. .......... .,....~.:::: J..... ~:','. ~ '. :', ....::..'.'. '.~::";'.'.:'.'.."'..:.'.' ......1 .. . . .. ."." ~, " . . .. . ' . " . . . .. . . . . . . . . ~ . . . . " . " " .. . " " . .., , , , . " " ... "........... ... ~ .. -- . .. . . . .. ." .-j . .~~1l1~.......,~"...'AAdr.e55 . .. ..,....... ....,..i..... ,~i.f;I~~t~.r,e.... .L. ............. .......... .. _,.... H, .."".,,,,-," ,,' t................... . ..................-....,...... ,'''-- ..... I M,r .A.n.d.fIII~.}\!JTl.?: 9164th AVe. .lfF... :.\0.":",\ o-+;... , ' i : 1. _ . _ . . . . . . ..~.. ...."....... . . . . . . .. ... -- ........:............".... l,foie.ctC)r.~e.la........ .:9,~~Ath.}\~e~. <3. .~W,:':.\. ~~.. ... .......... ,.........,,,..,,.....,,,,...,,,,,,.. ~. ! . ..:......."......,........,:............,.........,..1 . . 1 ....~J\JqVl,(-e CI.;...............,..... Brett Scott ;916 4th Ave # 0 \0 - \0 - 0, ............ ..................... ..... ......... ......................... . "f.... pOOH.... J~~~.O~~~~'~~....:~~'~~4~hA~~#.j... '~~.~~~-=;-...~~~;~:~ ...., u . ..................... . ........- -. ..--........,............... .....-_.. ....... ",j i I \ I.) ---/8' 12/01/2004 WED 12:J9 ~~ 619 5~6 6164 STERLING LAND SERVICES IaI 0021002 -..--.----.'. .----.. - I. : : ..,.., ........... . ....... .... . . . ... . . . .. .. , . . ... . ~ ,",' .' . .' . . ..... . . . . ..... .. .. . ... ..... ..... . ... ..... . . , . . .' ..... . 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[ ''',.,..~" ...,.................,~ ! ~r.A.~.~.~.~.I>.!~.o.[~164th AV~.t!: F. ..~.\Q::-.\O~.. ...... ..~.... .. ..... ..........:.........................~ l.........................:............... ........:..................... ...:.. ......................:.........................i 1.t-i~ct~r~~la........ .;~.~~.~th A.-'!.e~. (3.. ,[,1.0.:,:.\ .~:::........ .l. }lJqVl.. Ct 0.;.................... .....1 . . . . . . . . . . . .........................,............... .................. .............. Brett Scott )16 4th Ave # 0 : \0 - \0 - 0, ; . I... ......... ....... ...,..,........ ............... .,... ................. ...... ...._. , . . . ..' . I I . . . . . I.........................:........................:..................... ...:' ......................:.................. ....1 iJu~n Ot?~rgon i9.16_4thAv~#J : ~- ~.::L_L" J~l" f'1. ~. u. , --- . , /..)-/9 12/01/2004 WED 12:39 FAX 619 566 6164 STERLING LAND SERVICES 1aJ002l002 -----.--.-... .----.. 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"" \ /J-2t; A7T4 (flvtj E IJ T )) Oaks Fourth Development 14593 Rancho Jamul Drive Jamul, CA 91953 September 21, 2005 Danielle Putnam, Contract Planner City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 RE: Relocation and Buyer Assistance Program for 916 Fourth Avenue Condominium Conversion Project Dear Ms. Putnam, Oaks Fourth Development will help relocate the tenants who choose not to purchase their units. We will give tenants who choose to not purchase their units monetary compensation upon their move-out date that equals two months rent for the unit they currently occupy at 916 Fourth Avenue, plus their full security deposit back. We will also help them by providing relocation information through a meeting with the City's Housing office and also provide them with a referral list of affordable housing that we will ask the City's Community Development Department to compile for us. For our tenants that want to purchase their units, we will offer them a $7,500 discount off the top dollar price of a comparable unit, whether it is a downstairs or upstairs unit. Those wishing to purchase a downstairs unit will receive a discount based on the highest price of a downstairs unit, while those wishing to purchase an upstairs unit will receive a discount based on the highest price of an upstairs unit. The tenant has the option to accept this price reduction in the form of a buyer's credit or as a discount on the final sales price. Tenants are also being provided further home buying assistance with information on Community Housing Works, a non-profit organization that assists first-time homebuyers by providing access to special loan and grant programs available through state and local government, and assistance with budgeting and credit repair. Sincerely, Wesley M. Allen, Co-Owner Oaks Fourth Development 12-ZI Prepared For OAK FOURTH DEVELOPMENT, LLC 14593 RANCHO JAMUL ROAD JAMUL, CALIFORNIA 91935 PROPERTY CONDITION REPORT 916 Fourth Avenue Apartments 916 Fourth Avenue Chula Vista, California 91911 Date Issued: December 10, 2004 NAC Project Number: 04-22849.1 Prepared By NAC NA nONAL ASSESSMENT CORPORA nON 1320 HARBOR BAY PARKWAY, SUITE 260 ALAMEDA, CA 94502 TEL (510) 337-2855 FAX (510) 337-2865 /;2,~2.2 /1rr-4CH/lAEIJT E:: I' I i: , , NAC PROJECT SUMMARY Item Excellent J.; Gi)Qd,~ "K::,i:;::~"!f';\;:, .r ,Po~)j' t' Action"" ImniiJ'dlate p'Pit~l, ; ",," .",.,1" V ' Nee-ds Rtservts*'" SITE IMPROVEMENTS ,.";' ';f'L./t'. ,,'," , ,"';" Tono.........hv X X NM Stann Drain System X NM Parkin'" Pavement Curbs & Gutters X X RR $1850 Sidewalks X IR $2,500 Utilities X X NM Landscanina X X NM Site Lh,.htino X NM Site & Buildinll Si2na2e X X NM Site stairs NA Plavvround NA Fendu!!: I Railinl! X X IR $3,000 Recreational Facilities/Amenities X NM ,SmXJCTlJ1W, SYSTEMS AND BUlLI>ffl:G,~t.(j'RE'\;t,t;; ::::~;;::~ii(;: , ,\; ',,i-. TC "~ ; . c"') Foundations X NM Structural Sv<:tem lncludinu Floors X NM Exterior Walls Patch & Paint, Eaves X IRlRR $3750 $3,750 Windows & Frames X X NM Exterior Doors & Frames X X IR $900 StairSlInterior & Exterior) X X NM Balconies & Unner Floor Walkways X NM Roof Coveri-;;;s X RR $16,975 Roof Drainallc X NM MECHANICAL. ELECTRICAL & PLUMJJtN<iS)fS1'EMs" ... HVAC X RR $12 000 Electrical X NM Emer"encv Generator NA Hot & Cold Water Distribution Svstem X X NM Water Heaters X IRlRR $250 $1,250 Plumbing X X IR $4],250 Swimmina PaolI Enuinment NA Gas Distribution Svstem X NM VERTICAL TRANSPORTATION CONVEYING SYSTEMS Elevators! Escalators I I NA T I FIRE! LIFE SAFETY Fire Sunnression Svstems I I X I X I IR $350 I Securirv Alann Systems I I I I NA I INTERIOR ELEMENTS Comm(~ Area Fjnish~~ X RR $3,450 WasherslDrvern Tenant Area Annliances X RR $7,800 Tenant Area Finishes ~~alls, Floors, X IRlRR $350 $43,500 Ceilinas, Cabinets, Etc. Interior Doors & Frames X NM "BARRIER FREE" ACCESSIBILITY (ADA) Parkino Sionaoe & Ramns X X I NM I Common Area Accessibility Including X NM Restrooms *Action: NM "" Normal Maintenance, IR "" Immediate RepairlReplacement. RR "" Replacement Reserves, NA = Not Applicable, "Un-in Dated Values, NA""Not Applicable Immediate And Reserve Summary Term (yrs) UninDated Cost IoDated UninDated Inflated ReportSection Cost SUliit/Yr. $UnitIYr. Immediate Repair and Deferred 0-1 $52,350 NA NA NA Table 1 Maintenance Exoenditures Renlacement Reserves Cost Estimate 12 $90,575 $97,825 $503 $543 Table 2 PROPERTY CONDITION REPORT NAC PROJECT No.: 04-22849.] OAK FOURTH DEVELOPMENT, LLC /..< -;<3 NAC This table displays the estimated costs_ The estimated costs are preliminary and are based upon NAC's experience in conducting similar projects. The actual cost will be affected by factors such as project duration, site access, market conditions, and other contingencies applied by the owner. This project summary is not to be used alone. The attached report is intended to be read in its entirety. I I I PROPERTY CONDITION REpORT NAC PROJECT No.: 04-22849.1 2 OAK FOURTH DEVELOPMENT, LLC M-:1.L(- , II '~ i: I NAC EXECUTIVE SUMMARY A property condition assessment was performed by National Assessment Corporation (NAC) on the 916 Fourth Avenue Apartments property located at 916 Fourth Avenue in Chula Vista, California (Subject Property). The assessment was conducted on December 7, 2004. The Subject Property consists of a rectangular shaped parcel of land situated at the west side of Fourth Avenue, approximately 0.8 miles east of the San Diego Freeway (I-5).The Subject Property is improved with two, two-story, multifamily buildings. The buildings contain approximately 17,700 net rentable square feet and a total of 15 apartment units. Site amenities include one laundry room. General Description The Subject Property consists of two wood framed structures with limited landscaped areas along Fourth Avenue and at the perimeter of the buildings. According to a City of Chula Vista Building Department representative, there do not appear to be any reported building code violations at the Subject Property. In addition, NAC researched the City of Chula Vista Building Department file for the original building permit, Certificate of Occupancy and any outstanding violations. No violations were noted in the Building Department file. The Certificate of Occupancy was not on file within the Building Department records. The original building permit was finaled on February 6, 1987. Copies of the original building permits are included in the appendix. BUildlllg Ne!, $tQriesl BI\Udin lIei ht Fire S rinkler YES NO X Two, two-sto ,multifamil buildin s **Gross floor area (GFA); net rentable area (NRA) 17,700NRA Two-,to 1 30 Ft UNIt MIX Size I Number Qf Units I SF Area (SF) 3 bedroom 1 2 bathroom T 15 I 1,180 The Subject Property is zoned "R-3-P-14" (heigbt restricted to 28'145'), multifamily 1 residential by the City of Chula Vista Planning Department. The subject improvements appear to be developed in accordance with the designated zoning. General Physical Condition The Subject Property was observed to be in fair to good overall condition. Maintenance of the Subject Property's major systems, components and equipment appears to be in place. Recent capital improvements include refurbishing of units and seal coating 1 striping of asphaltic concrete pavement. Conclusions/Recommendations Deferred maintenance items and physical deficiencies that are considered significant and require immediate repair were identified and include the following: replacement of damaged wood fencing, repair of trip hazards, fire extinguisher inspection 1 replacements, replacement of gates at solid waste dumpster enclosure, installation of seismic restraint straps on water heater, replacement of utility door, abatement of mildew and restoration of finishes, replacement of polybutelene piping and painting of exteriors. These items are identified in Table 1. Capital replacement reserves over the term of this report will be required for items such as exterior paint, replacement of electric wall heaters, replacement of washers and dryers, replacement of water heater, PROPERTY CONDITION REpORT NAC PROJECT No.: 04-22849.1 3 OAK FOURTH DEVELOPMENT, LLC A ..;2.5 NAC asphalt seal coating and striping, replacement of roofing, appliance replacements, cabinet replacements, and flooring replacements. These items are identified in Table 2. The structural elements of the buildings have performed adequately for the past 17 years. Assuming the recommendations in this report in reference to the hnmediate and Physical Needs over the Term are made in an appropriate time frame; a preventivelremedial maintenance program is implemented continually; and all site systems and building components are replaced as necessary with an acceptable standard of care, this sites estimated remaining useful life (ERUL) should be at least an additional 33 years barring any natural disasters. This is based on the observation that the foundations, which has an expected useful life (EUL) of 50 years plus, were observed to be functioning properly with no major deficiencies. Other site and building elements are replaceable. However, as the property ages, the maintenance program cost should be expected to increase. NAC can make no comment on the marketability of the site's useful life. Any qualifications and limitations in place for the property condition assessment as provided by NAC is applicable to the summary comments mentioned above. 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A7TA-cI+M,EJJi F EXTERIOR AND INTERIOR IMPROVEMENT, REPAIRS, AND UPGRADES FOR CONDOMINIUM CONVERSION AT 916 FOURTH AVENUE PCS-05-10 AND DRC-05-15 The following requirements have been derived from the project's Physical Elements Report, the Housing Inspection, information provided by the Applicant, and Staff reviews of submittal materials. Note that the following may require Design Review or building permit approval: A. Property Condition Assessment Report - Repairs required prior to Final Map Approval: 1. Previously required repairs from the Housing Inspection have been complied with; no repairs required at this time. B. Physical Elements Report - Immediate Repair or Replacement items, which are improvements required prior to Final Inspection or Occupancy of applicable Condominium Units, whichever occurs first, unless stated otherwise: 1. Replace damaged wood fencing on site perimeter and in backyards. 2. Apply new stucco color coat and paint on all exterior surfaces. 3. Install new hot water heating facilities meeting the approval of the City Engineer with regard to capacity, size, and location. 4. Replace gates at the solid waste dumpster enclosure in conjunction with reconstruction ofthe existing trash enclosure as shown on the Landscape Concept Plan. 5. Repair trip hazards on all sidewalks within the project and on the public sidewalks along the project's frontage; install new wood borders or another suitable replacement. 6. Replace all driveways/sidewalks as needed. 7. Inspect/replace fire extinguishers. 8. Replace utility entry door. 9. Abatement of water stains and mildew on interior and exterior surfaces and restoration of finishes. 10. Install gutters and downspouts on all buildings. 11. Replace the polybutelene piping in drinking water supply plumbing. C. Other exterior improvements to the project or interior upgrades to all units shall include the following: 1. Replace roo f. 2. Replace mailbox. 3. Install landscaping and construct trash enclosure per the Landscape Design Plan; Reset the sprinkler heads for proper spraying of irrigation water to avoid staining exterior walls, if needed. 4. Install new tot yard and play equipment. 5. Replace electric wall heaters in each unit. 6. Install new flooring throughout the units, including ceramic tile in the kitchen and bathroom areas, and carpet in living areas. /.:/- :<9 Exterior and Interior Improvements, Repairs, and Upgrades for Condominium Conversion at 916 F ourth Avenue PCS-05-10 AND DRC-05-15 Page 2 7. Replace kitchen and bathroom cabinets, countertops, sinks, faucets, showerheads, and light fixtures. 8. Replace tubs, showers, and toilets. 9. Apply new texture and re-paint all walls and ceilings. 10. Replace interior doors and molding as needed. 11. Replace all kitchen appliances (stove, refrigerator, garbage disposal.) 12. Replace common laundry room washers and dryers. EXHffiIT F A-30 08/27/2004 FRI 18:11 FAX 619 546 8164 STERLING Lk,D SERVICES isl!uUJ/UUI Art-4GflAA.GJJT &- cnv Of CHUIA VISTA Planning & Building Department Planning Divj,lon I Developmenl Proce"ing APPLICAilON APPENDIX B Disclosure Statement Pursuentto Council PoliCy 101-01, prior to any action upon malt..", that win require di,crebonary action by the Council, PI;nnlng Commission and lID other offICial bodi~ 01 the City. a statement of dI~o.ure of certain ownership or financial interests. payments, or eempeign contribution, lor e City 01 Cbula VISta eledk>n must be filed. The fallowing inlormaUon mtlStredisclo.e<I: 1. L1$tth8 names 01 all persons having a financial intere.! in 1he property thai is the subject 01 the appncaUon or the contract, e.g., owner, epptlcant, contractor. subcontractor, material supptler. IJJ'\\\\>."''tI>..,< ~\\u,.. G\..>'''C:''- \ ~~\Po..,,^~\"'("~ ~Pu.'\u \\\\~.J,.",..{)v.>"''''''<'~ 2. II any person" idenlffied pursuz'"t to (1) above is . COlpOraUon or partnership, Ust the names of all individual. with a $2000 Investment In Ihe buslnC$$ (corporationlpartnerstlip) entity. If eny person" identified pursuent to (1) above 1$ a non-profit organlzaUon or trust, list the name. 01 any person serving as director of the non-profit organization or as trustee or beneficlery or trustor ollhe trust. 3. Please identify every person, incIUcling any 8gents, employees, consultants, or independent contractors you have asaigne<llo repcesent. yw before the City In lhis malter. 4. ~~ r '" \,_< \ to "....f\, ~A...(l......l..LC ) \~\1<'-,\ < ~"'\\~.~ - Has any pars . associated wllh this contract had any financial dealings wltl),..an official" 01 the City of Chula Vista as II relates \0 this conlract wllhin the past 12 months. Yes_ No~ 6. If Yes. briefly describe the nature 01 \he financial interesl the ofIIdal- may have in this contrac\. 6. Heve you made a contribution ~8 than $260 within the pasllWelve (12) month$ to a cUlTenl member 01 the Chula Visla City Council? No -L. Yes _ \I 'fC$. which Councn member? 276 fourth Avenue I Chul. Vi'lo f ,.Ufom'. I 91~ 10 {61~} 691.5101 ~-B/ ,.08/27/2.0.04 FRI 18:11 FAX 619 548 6164 STERLING LAND SERVICES IiiJ .0.04/.0.07 01Y Of mulA VISTA PI ann ng & Building D~partment Planning Divisior\ I Development P'oc~ning APPUCATION APPENDIX B Disclosure Statement - Page 2 7. Have you pr'Qllided more than $340 (or an ~am of equivalent value) to an official"" of the Cit)' of Chula Vista in the pest twelve (12)J!J"'1ths7 (This inCludes being a source of income, money to retire a legal debt. gift, loan, otc.) Yes_ No~ If Yes, which officia'"" and what wa$ the natura of Item provided? \"w-- .(0(')0 Slgna~f IA~QC8nl ~I,h\\\>o.__ tl'-..~ ~\~,,\ type name of contr8ci r/AppDcant Pe~on is defined as: any individual, firm, oo-partnership, joint venture, association, social CIUII, fraternal organlUtion,cotpOI'8Iion, eslate. INst. receiver, syncltcate, any other county, city, municipalny, district. or other pglilica15ubdivision, -or any other group or combination acting as a unit Prinlor Dale: 9.,- J..!..."'}.O '\ . .. OfIIclal includes, bul is ncllimited to: Mayo" Council member, Plannin" CommIssioner, Member of a boare!, commission, or commi\1Be of the City, employee, or staff membe($, 276 Founh Avenue I chuto Vista I Colifornlo I 9191.0 1&191 ~91.51 .01 1~-;-32 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN 1.08 ACRES AT 916 FOURTH AVENUE FOR A ONE-LOT CONDOMINIUM CONTAINING 15 RESIDENTIAL UNITS - OAK FOURTH DEVELOPMENT, LLC. I. RECITALS A. Project; Application for Discretionary Approval WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on September 1, 2004, with the City of Chula Vista Planning and Building Department by the Oak Fourth Development, LLC ("Applicant") requesting approval of a Tentative Subdivision Map to convert 15 apartment units into individually owned condominiums ("Project"); and B. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A", copies of which are on file in the Office of the City Clerk, incorporated herein by reference, and commonly known as Chula Vista Tract No. 05-10, Tentative Subdivision Map, and for the purpose of general description herein consists of 1.08 acres located at 916 Fourth Avenue ("Project Site"); and C. Prior Discretionary Approval and Recommendations WHEREAS, the development of the Project Site has received the following discretionary approvals and recommendations: 1) Planning Commission recommendation of approval of PCS-05-10, Tentative Subdivision Map for a IS-unit condominium conversion on September 28, 2005; 2) Design Review approval DRC 05-15 of a IS-unit condominium conversion, approved by the Zoning Administrator; and D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on September 28, 2005, and after hearing staffs presentation and public testimony voted to recommend that the City Council approve the Project, in accordance with the findings and subject to the conditions listed below; and E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's tentative subdivision map application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners within 500 feet of the exterior boundary of the project and its mailing to the current tenants residing at 916 Fourth Avenue, at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on October 25, 2005, in the Council Chambers, 276 /,;J'-33 Resolution No. 2005- Fourth Avenue, to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on September 28, 2005, and the minutes and Resolution resulting there from, are hereby incorporated into the record of this proceeding. III. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class I (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus no further environmental review or documentation is necessary. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinator's determination that the Project qualifies for a Class I (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. V. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map, as conditioned herein for 916 Fourth Avenue, is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use It is the City's goal to accommodate diversified housing types. The site is designated Residential High, and was previously developed at a density of 13.8 dulac, which is consistent with the General Plan. Thus, the Project, as conditioned, is in substantial compliance with the adopted General Plan. 2. Circulation All off-site streets required to serve the subdivision currently exist. No street improvements are required. 3. Housing The Project is consistent with the density prescribed within the General Plan and provides attached condominium units for individual ownership. The conversion of 15 2 /;/""3tf Resolution No. 2005- apartment units to 15 condominium units creates additional opportunities for residential ownership. 4. Open Space The Project includes adequate, existing on-site open space areas in the form of private open space for each unit as well as landscaped common open space areas with a tot lot for residents' use. 5. Safetv The City Engineer, Fire and Police Departments have reviewed the proposed subdivision of existing apartments to condominiums for conformance with City safety policies and have determined that the proposal meets the City Standards for seismic safety and emergency services. B. The configuration, orientation and topography of the site allow for a feasible setting for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. C. The site is physically suited for residential development and the proposal conforms to all standards established by the City for such project. D. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extend to the impact created by the proposed development. VI. FINDINGS OF COMPLIANCE WITH CONDOMINUM CONVERSION REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF THE CHULA VISTA MUlCIPAL CODE Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the City Council finds that the project meets the following: A. Fire Protection: The City Council concurs with the Fire Marshall determination that the project as conditioned will be in substantial conformance with current fire protection standards. B. Uniform Building Code: City Council concurs with the Building Division of the Planning and Building Department's determination that the "Property Condition Assessment Report" dated December 12, 2004, prepared by National Assessment Corporation, adequately addresses compliance with the Building Code if applicable permits are submitted and approved and the recommended improvements set forth in the report are constructed or put in place. C. Storage: Section 15.56.020 requires minimum storage area for each unit. All units in the complex contain three bedrooms, which each require 250 cubic feet of storage area. The project provides 256 cubic feet of storage space for each unit, which is slightly more than the requirement. 3 ,4;2-a5 Resolution No. 2005- The project currently provides storage space for ground floor units in an existing storage closet adjacent to the patio in the private backyard of each unit, while each upstairs unit has a storage closet adjacent to its private balcony; no changes are proposed to this arrangement. D. Housing Code: The Project will be required to comply with housing inspection requirements. E. Protective Lighting Standards: Lighting for the facility shown on the site plan shall be in conformance with Section 17.28.030 and 17.28.040 of the Municipal Code. The Project is required to provide lighting information at the time of submittal of building permits. F. Off-street parking: Section 19.62.050(13) requires two parking spaces for each three- bedroom unit for a total parking requirement of 30 spaces for this project. The Project provides 36 off-street parking spaces for resident and guest use, including two handicapped parking stalls and 34 open parking stalls. G. Design Guidelines: Generally, the design of the building and its surrounding area are adequate. The Applicant does not propose significant exterior structural changes to the existing buildings, but intends to upgrade the building's external appearance, including new stucco color coat and paint on all exterior surfaces of the buildings, replacing the roof and mailbox, installing a tot yard and play structure, repairing and replacing all driveways and walkways where needed, and refreshing the landscaping where needed. Accordingly, the Applicant shall apply for and obtain Design Review approval pursuant to CVMC Sections 19.14.582 (Design Review Committee, Duties and Responsibilities) and Section 19.14.420 (Site Plan and Architectural Approval- Purpose - Prerequisite for Certain Uses). H. Separate Service Meters: Each unit is individually metered for electric service. A Homeowners Association will be responsible for the water and gas utility meters. The Applicant shall provide written evidence how this will be satisfied. 1. Housing Department Compliance Survey: The Project has completed a housing inspection, and will be required to perform all corrections listed in the Apartment Inspection Report prior to final inspection of a Condominium unit. J. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants, conditions and restrictions in conjunction with the Final Map. K. Open Space: Common Open Space: Section 19.28.090 requires 480 square feet of common usable open space per unit; therefore, the project must provide a minimum of 7,200 square feet of open space. The project provides a total of 16,576 SF of open space. VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5 Noticing Documentation Government Code Sections 66451.3 and 66452.5 requires notification of a tenant's right to a public hearing. The City of Chula Vista provided notices to tenants and surrounding property owners of all required public hearing for the Project, and the Applicant has satisfied the following noticing requirements at the time of submittal of the Tentative Map, which includes a 60-day "Notice ofIntent to Convert", and a "Notice to Prospective Tenants of Intent to Convert". /.;R-36 4 Resolution No. 2005- BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative Subdivision Map, Chula Vista Tract No. 05-10 as represented in Exhibit "B" subject to the general and special conditions set forth below. VIII. GENERAL CONDITIONS OF APPROVAL A. Project Site is Improved with Project The Applicant, or his/her successors in interest, shall improve the Project Site with the Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 05-10, 916 Fourth Avenue. B. Design Consistency The Applicant shall develop the condominium units in accordance with all applicable City of Chula Vista Design Guidelines and complying with any conditions required by the Zoning Administrator associated with DRC 05-15. IX. SPECIAL CONDITIONS OF APPROVAL A. The conditions herein imposed on the tentative map approval or other entitlement herein contained is approximately proportional both to nature and extent of impact created by the proposed development. Unless otherwise specified, all conditions and code requirements listed below and in Exhibit C shall be fully completed by the applicant or successor-in- interest to the City's satisfaction prior to approval of the Final Map: GENERAL / PLANNING AND BUILDING I. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property. 2. Applicant and his/her successors in interest shall comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Subdivision Map and as recommended for approval by the Planning Commission On September 28,2005, and DRC 05-15, pending approval by the Zoning Administrator. The Applicant shall enter into an agreement (Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement) with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require compliance with the above regulatory documents. Said Agreement shall also ensure that, after approval of the final map, the Applicant and his/her successors in interest will continue to comply, remain in compliance, and implement such Plans. 3. Applicant shall coordinate with the City of Chula Vista Planning and Community Development divisions to schedule a meeting with the current tenants to present alternative rental housing opportunities and assistance in relocation in conjunction with the presentation of the schedule for the phasing of the conversion of the apartments to condominiums. 5 /.2-37 Resolution No. 2005- 4. The Applicant shall comply with all applicable notlcmg requirements set forth in Government Code Section 66427.1. Applicant shall submit evidence to the Director of Planning and Building that the following City of Chula Vista noticing forms have been delivered to the existing and prospective tenants per Section 66427.1 of the Subdivision Act or a schedule detailing required future notifications: a. 10-day notice to all existing tenants of an application of a Public Report - "Form C" (If submitted to State Department of Real Estate prior to Final Map approval). b. I O-day Notice to all existing tenants of Final Map approval- "Form D". c. Notice to all prospective tenants of option to purchase/termination of tenancy - "Form E. d. 90-day Notice to all existing tenants of option to purchase/termination of tenancy - "Fonn F". e. 180-day notice to all existing tenants of intent to convert/termination of tenancy - "Fonn G". 5. Submit plans and information to the satisfaction of the Fire Marshall that proposed condominium units meet current California Fire Code, including but not limited to fire access, water supply, sprinkler systems, and fire alarms. 6. All existing utilities serving the subject property and existing utilities located within or adjacent to and serving the subject property shall be placed underground in accordance with Section 15.32 of the Chula Vista Municipal Code. Furthermore, all new utilities serving the subject property shall be placed underground prior to the issuance of building permits. 7. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. 8. Applicant shall comply with the requirements of the City's approved "Recycling and Solid Waste Management Plan" to the satisfaction of the City's Conservation Coordinator. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. The plan shall incorporate any trash enclosure re-design required for compliance with the City's NPDES permit. 9. Prior to or at the time of submittal of building permits, Applicant shall submit for review and approval of the City's Landscape Planner an exterior lighting plan that includes detailed information on the proposed fixtures, which shall be commercial grade quality. The lighting plan shall include details showing that the proposed lighting shall be shielded to remove any glare to adjacent properties. /,;;;-38 6 Resolution No. 2005- 10. Prior to or at the time of submittal of building permits, Applicant shall submit for review and approval of the City's Landscape Planner a detailed Planting and Irrigation Plan prepared per the requirements of City of Chula Vista's Landscape ManuaL The seating and play structure in the tot lot area shall be commercial grade quality. II. Applicant shall obtain the services of a registered acoustical engineer to conduct sound transmission tests between adjacent units to ensure adequate noise buffering between shared walls, floors, and ceilings such that residents of the proposed units will not inadvertently violate Sections 17.24.040 and 17.24.050 of the Chula Vista Municipal Code. Testing results and any improvements needed for adequate noise buffering purposes shall be included on the plans submitted for building permits. DRAINAGEINPDES 12. All onsite drainage facilities shall be private. 13. Applicant shall submit and obtain approval of a Water Quality Study and Technical Report including NPDES best management practices ("BMPs") to prevent discharge of pollutants from the project site entering the city's storm water conveyance system, to the satisfaction of the City Engineer. Any proposed changes that impact landscaped or open space areas must be reviewed and approved by the City's Landscape Planner. 14. Intercept runoff from the project site and pre-treat said runoff prior to discharge to the city's storm water conveyance system. Identify proposed best management practices ("BMPs,,) to be used to treat storm water runoff trom the site as part of the project's Water Quality Study and Technical Report. Said BMP facilities shall be inspected and approved by the City's Stormwater Inspector prior to final map approvaL IS. Fully implement NPDES best management practices ("BMPs") contained in the Water Quality Study and Technical Report. 16. Fully implement NPDES best management practices ("BMPs") to reduce the amount of pollutants entering the city's storm water conveyance system, including but not limited to: a. The erection of signs near storm drain inlets and public access point along channels and creeks; installation of efficient irrigation systems and landscape design; employment of integrated pest management principles; and the creation and implementation of inspection and maintenance programs for structural treatment control BMPs and private sewer lines. b. Providing storm drain system stenciling and signage; more specifically: 1. Provide and maintain stenciling or labeling near all storm drain inlets and catch basins. 7 /.;r37 Resolution No. 2005- 11. Post and maintain City-approved signs with language and/or graphical icons that prohibit illegal dumping at public access points along channels and creeks. c. Installing and usmg efficient irrigation systems and landscape design; more specifically: 1. Employ rain shutoff devices to prevent irrigation after precipitation. 11. Adjust irrigation systems to each landscape area's specific water requirements. iii. Using flow reducers or shutoff valves triggered by a pressure drop to control water loss in the event of broken sprinkler heads or lines. IV. Employing other comparable, equally effective, methods to reduce irrigation water runoff. d. Employing integrated pest management principles. More specifically, eliminate and/or reduce the need for pesticide use by implementing Integrated Pest Management (IPM), including: (I) planting pest-resistant or well-adapted plant varieties such as native plants; (2) discouraging pests in the landscaping design; (3) distributing IPM educational materials to homeowners/residents. Minimally, educational materials must address the following topics: keeping pests out of buildings and landscaping using barriers, screens, and caulking; physical pest elimination techniques, such as, weeding, squashing, trapping, washing, or pruning out pests; relying on natural enemies to eat pests; and, proper use of pesticides as a last line of defense. e. Educate the Public. More specifically, the Homeowners Association, through Property Management, etc., shall inform residents about the City's non-storm water and pollutant discharge prohibitions. This goal can be achieved by distributing informative brochures (some available free from the City of Chula Vista) to new home buyers and dedicating sections of newsletters to storm water quality issues, as applicable. SEWER 17. The onsite sewer system shall be private. All sewer laterals shall be privately maintained from each building and/or condominium unit to the City maintained public sewer main within Fourth Avenue. STREETS 18. The driveway within the development shall be private. 19. Remove and replace the existing driveway along the project frontage for compliance with ADA pedestrian access route requirements. Said work shall be done under a Chula Vista construction permit using Chula Vista Construction Standard CVCS-IA for driveways. Driveway replacement shall be guaranteed prior to recordation of the final map. 8 /~-ifD Resolution No. 2005- 20. Remove and replace existing driveway entrance that is damaged and remove and replace curb, gutter, and sidewalk damaged by tree roots. Private trees shall be root pruned. CC&RS 21. Submit Codes, Covenants, and Restrictions ("CC&Rs") to the City Engineer, Director of Planning and Building, Director of Public Works, and City Attorney for approval. Said CC&Rs shall include the following: a. The creation of a Homeowner's Association ("HOA"), which shall, among other things, be responsible for maintaining all common facilities within the Project including, but not limited to: walls, fences, water fountains, lightning structures, fire sprinklers and alarm systems, paths, trails, access roads, drainage structures, water treatment facilities, recreational amenities and structures, landscaping, trees, streets, parking lots, driveways, and private sewage and storm drain systems. b. Language stating that the landscaping shall be maintained by the HOA in a healthy and thriving condition at all times. c. Language that indemnifies and holds harmless the City from any claims, demands, causes of action liability or loss, including claims arising from the maintenance activities of the HOA, including but not limited to private sewer spillage. d. The City's right but not the obligation to enforce CC&Rs. e. An insurance provision requiring the HOA to maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars ($1,000,000) combined single limit. The policy shall be acceptable to the City and name the City as additional insured. f. The City must approve any revisions to provisions of the CC&Rs that may particularly affect the City. Furthermore, the HOA shall not seek approval from the City of said revisions without the prior consent of one-hundred percent (100%) of the holders of first mortgages and one-hundred percent (100%) of the property owners- unless the Director of Planning and Building waives this requirement. g. The HOA shall not seek to be released by the City of any maintenance obligations without the prior consent of the City and one-hundred percent (100%) of the holders of first mortgages and one-hundred percent (100%) of the property owners - unless the Director of Planning and Building waives this requirement. h. Implement an education and enforcement program to prevent the discharge of pollutants from all on-site sources into the storm water conveyance system. 9 A-'ll Resolution No. 2005- 1. The HOA shall maintain, in perpetuity, membership in an advance notice service/system such as the USA Dig Alert Service and shall cause any private facilities of the property owners or HOA to be marked out whenever work is performed in the area. J. The CC&Rs shall include NPDES provIsIOns for the perpetual and routine maintenance of structural BMPs, private sewer and storm drain facilities for the purpose of preventing and in such a manner as to prevent the discharge of non-storm water pollutants to the public storm water conveyance system. The CC&Rs shall include the requirement to maintain records for the past 10 years of BMP implementation, inspections, and maintenance activities. k. The HOA shall fund and oversee a contract for the maintenance of the onsite private sewer system. The frequency of maintenance of the sewer system shall be contained in the provisions of the Codes, Covenants and Restrictions, which shall be subject to the approval of the City Engineer and the Director of Public Works. I. Trash and Recycling program requirements shall be incorporated into the project CC&Rs to the satisfaction of the City's Conservation Coordinator. m. Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the final map. n. Fire service lateral and water supply to buildings, including the on-site fire hydrant, must be maintained and operational at all times to the satisfaction of the Fire Marshall. 22. Submit a Homeowners Association budget for review and approval by the City Engineer for the maintenance of private streets and drives, storm drains, sewage systems, electrical system, plumbing, and roof. More specifically, said budget shall include the following provisions and maintenance activities: a. Streets must be sealed every 7 years and overlaid every 20 years b. Sewers must be cleaned once a year with the contingency for emergencies c. Red curbs/striping must be painted once every three years. d. The Homeowners Association shall be responsible for service utilities including water, gas, and sewer, and the billing and payment ofthese utility costs. e. Storm Water quality facilities inspected prior to and after every rain event and cleaned as necessary (twice a year minimum); media inserts replaced as recommended by the manufacturer; with a contingency for emergencies. The budget shall also include a monitoring program including sampling and preparation of an annual report, when required by the City. f. Establishment of a capital fund that will adequately cover the expected costs associated with repairing or replacing the Project/complex's electrical system, plumbing system, and roof. 10 /.,};:-If :2. Resolution No. 2005- EASEMENTS 23. All existing easements and irrevocable offers of dedication shall be shown on the Final Map. A title report dated within 60 days of submittal of the Final Map shall be submitted together with backing documents for all existing public utility easements and offers of dedication. Applicant shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act. AGREEMENTS 24. Payoff any unpaid balance for the 916 Fourth Avenue Tentative Map Deposit account # DQII19 and Project account CA305. 25. Applicant shall enter into an agreement wherein the Applicant agrees to: a. Defend, indemnify and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. b. Hold the City harmless from any liability for erosion, siltation or increased flow of drainage resulting from this project and spillage of sewage generated by the project onto adjacent public or private streets or into off site storm water conveyance systems. c. Maintain storm water quality treatment measures in accordance with an approved maintenance and inspection plan. d. Implement and sustain in perpetuity, a source control storm water quality management program as outlined in the Water Quality Technical Report. Signature of Property Owner Date Signature of Representative Date MISCELLANEOUS 26. The Applicant, and his/her successors in interest, shall permit all franchised cable television companies CCable Company") equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the 11 /.J-'f3 Resolution No. 2005- operation of cable television companies as same may have been, or may from time to time be issued by the City ofChula Vista. 27. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 28. Submit copies of the Final Map in a digital format such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate prior to the approval of the Final Map. 29. Submit a conformed copy of a recorded tax certificate covering the property prior to approval of the Final Map. B. The following Conditions of Approval shall be satisfied prior to Final Inspection unless otherwise noted: 1. For any condominium unit in a structure containing multiple condominium units, correct California Health and Safety Code and Uniform Housing Code violations specified in Attachment C and any other violations identified by the Housing Inspection, to the satisfaction of the Director of Planning and Building. 2. For any condominium unit in a structure containing multiple condominium units, install the interior upgrades and improvements specified in Attachment C to the satisfaction of the Director of Planning and Building. 3. Prior to issuance of building permits, provide information on new hot water heating facilities to meet the approval of the City Building official with regard to capacity, size, and location. 4. For any condominium unit in a structure containing multiple condominium units, the Project's exterior upgrades for that structure shall be constructed in accordance with the approved DRC-05-15 design review permit. 5. For any condominium unit in a structure containing multiple condominium units, provide in that structure type 2A-IOBC fire extinguishers every 75 feet of travel distance, and smoke detectors for each unit, to the satisfaction of the Chula Vista Fire Department. 6. All lighting shall meet the protective current lighting standards of the current Uniform Building Code. 7. So as to ensure compliance with Section 1724-040 and 1724-050 of the Chula Vista Municipal Code, Applicant shall show that walls and ceilings meeting the current Uniform Building Code standards regarding fire and sound attenuation have been installed between airspaces of the condominium units, to the satisfaction of the City Building Official and Director of Planning and Building. If said walls and ceiling do not meet said standards, then the walls and ceiling shall be modified to conform to the Uniform Building Code. 12 /~-H Resolution No. 2005- 8. Submit evidence satisfactory to the Director of Planning and Building that the Applicant has complied with the approved homebuyer assistance program requirements for existing residents who choose to purchase their condominium units and for renters who choose to relocate. X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. XI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provision, or conditions are determined by a Court of competent jurisdiction 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: j~~:~rk Jim Sandoval Director of Planning & Building City Attorney J:\Planning\Case Files\-05 (FY 04-05)\PCS\PCS.05-IO - 916 Fourth\Resolutions\PCS 05-10_CC_ RESOQ-20.doc /~-jL5" 13 RIO '1. I "'------r---"''''' a'.'lhJ. 8fll'Uirl. TENTATIVE MAP NO. 916 4TH A VENUE Rjr <0"" <0"" \ ~ L-;;;;:_ ~-\ ;:<"""" \ .... AI' 606 . ' M o 1.411 98& ~ 1TE: DAMAGfD CURB lUlTfR. ORIVEWA Y I SlDEWAU< SHALl. REIl<MD AND \.ACED AS IOIRED BY THE 'T. Of PUBUC "'~ EJtIST. 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ZfNIIG IS R.PI4 (E>>SlMI MID FROPOSED) EJtIS1fHGUSE: APNf1JIEN15 UNJ USE: au.l1-fAAILY RfSIIJfN1IAL l8C~nf'Eo!fN I. NNJ&J COQII:lNAJIS' 1&Sf, 62l!J5 ~ 101M. lOT NiE"A-'.. N:RES (47,041 so. FT.) EJtIS1fHG tJJIJJIIG F007I'RIN1S: NMfH -1ge4 so. FT.. 1f:ST_2lI2J SQ.FT. LOT CO\IfJfA(j(; 'o.B07/47,lU9.. z.J:f ... roTM. MMBER tF EJIIS1ItG L015 - 1 roTAL MIIIIIER tF FROP05ED L015 .. 1 .5. 1HS SlIIJMSIICW IS A r:.tJIIKMI/lM PROEC1 AS DEFIED II BOON 1J50 cr. Q (T DE OK aa or DE STAfF or CAI.I'aHA MID IS FlED PCRSUNIT ro 1HC SJ..IIWSJl:W MAP ACT. THE roTM. MMJER OF CINXMIIIJM otfEI1MG 11I15 IS 15. THE: roTAL MMBER orfXMIER(JJ,L~IIITSIS/1 I.OT~r.- IMAIfl USF ,- S11I.ICnRSEJIi!El:B1f1117 IUllN'; PERWr NOS. .fM07, 455t1tI tDIS1JIlUC1/CWTIf'[.5N,1Sl12I.tJC NORJH lUDIIG LOftER LElE1: 8 J BEIJtO(II 11I15 UNIT '-1148 ~ lIlT 3-1145 n-. UNIT ~n45 F7' UNIT 7-1145~, lilT J-11.f5 ~ !.NT 'H148 n' ROIIIH__""""IIf}1RCI(IIU'"'' lilT 2-1179 F1'. lIlT 4-1111 F7'. lilT 1-"81 n' ._~__.__.__ lilT a-n81 ii': lIlT 10-117' flI. UNIT '2-1179 n' rG [g r \I r{, r~ ~\ ~~~ ':,f-,~~ lII15 -- U t I.b '1IfS1f!D1JMG fI1PER Lfln: , J 8EZJiO(W I#IT --, I, lilT '4-"79 F1' U ~ NCT lli2SM 0IT-S1RfC1' PNUtG SPAaS 2 r "'"' t II J i RaUiED PNlItWfXC'MC '1.61.<<1'0)0 2 If ,~ .. .JJ SPACES v ,:...5 ,!.~,./~ I == OTAY 1M7BI' lJSlJICT QTY or alIA MSTA IGU.EUCJIlIC:: SD.G.~ ;FJlC NID PCJ.JCC PR07fC1JCJt OfY (T QUA IrfSrA 1CNJ..ET.V.:COX~JIt1NS lSO<<Jr:U' CMlA MSrA .5CHO(l. IJS1JICT ~~ U1I.J1ES SHOfIII1E/lCaII ARE FRCII AVAlAflE """"'" 7. __ A. ~ IS NO GRADING AS PART OF 1rfS IDfl'Amf' MAP .- A. AU. DffANAGC F1<<III LOT IS LHt'JEZJ 10 4fH A~ at AREA DRAIIS 9. AlL LENG7HS, fXS1~ LOT ~ AM) (UIM' RADI ARE .AF'F'l'lWIIAJE:. '/1 TrPOGRAPHY PRl:Me BY S1fRLIIG UNJ SE1i'WCfS F'ELDSlnUrM..u.y2tI,2OtH. II. PI.OrNlLE EASE:lP'JS SHOIN ARE F1<<III PRE1>>IARY 11RE REPCRT DOCIIENTS VDfTY YAP H.T.5. PA'\.~ An.-' "4 RXIlJH AItEME alIA MSTA. CA "." T. 8. MAP: PAOE ,.JJO-Ct LEGAL UClll..lr I ut ~ PARa! MMIJER: 8/8-072-21-00 AlL JHA r Pf6l1KM (T LOT 20 II WARD SECOON ,.., fF QIMA MSTA. Fllf1PER iBOfIlED AS: BEf1IIIIIIG A r A PaNT (M 1JE EASmI. Y LIE tF LOT .2Q. SU) POIIT 8EMG DISTANT 1M FfET SOUTH F1<<III 1Hf MlfrJEAST CXJHR fF ~ LOT; HNCE IlESlBfLYJ!56.5S FEET rn A flaHT(II THE: II(ST lIE " SU) LOT; >>sa: SOUJH ALONG THE: IlESr !ME or LOT .2Q. 1J2.00 FfET ro JI€ SOUTHllES1 CfBER " SAIJ LOT; 7HENCE EAST N..ONG THE SOUJH LIE iT SU) LOT; >>OCE MlfTH AI.J:MG 1JE EAST lME fF SAIJ Lor ro 1JE PaNT " BEGHIIIG. !lEK:tWII( 1JE \OJJC4L BENCHMARK Fat ~ 9fF IS THE: JlfASlIffDflEVArION ATCCJmlItJ. POIIT /183 SHOIN (II ROS ,"'Z AM) IEASfIlED AS 60.42' ""."" AAAA CF A:.AAI.InR 1HE lM5rS or BEARMGS RR DE PROECr IS 'RE NNJ&J CAUrXlMA COQIlDIIIA fF smEll. zaE 6, AS tIilE'ASI.RS' IIC1WfDI CONmOL !'aN15 1185 NID IIBJ. SHOIN (II ROS ,.un NI) WASI'im AS M1S3S".fJ"W 74,tur MAPf'IIQ NV lotONIoENTA 1KlN ALL PRtPERTY CORHERS -.L 8C !!E1 NID A aE lOr Sl.IIJWSlI(W IIIP -.L BE FlED fP(M IJlflROVAL " 1JE IDf'TA mE' MAP. A DETItUD PROCfDfIlEtF.5lR\O'-.L8C!iHtMf(llDE -- ~ smu<<; lAND ~ II<:. 2607 FJlST AIfME SAN Dif'OO, CA 9Zl0J PHONE: 81J-5f1-1165 OWIL:. .5 STATBSlT .. ARE DE OWERS iT 1JE PRtPERfY ClMI'lfll BY 11fS IIAP. fEREBY ~ SAIJ IIAP NID fIE FUIG 1HEREOF. /MK FaR1H DOEl.Gf'IB'T, uc ,45IIJ fWIOK) .MAIL am€' .MMl. CA "d PH: 81f-,,7-97f1Z -- PBlTNAJIE linE: lJAtr: ENCJI~.5 STATBSlT 1rfS 11M' IMS PREPNlElJ BY IE at lMJER MY ~OON NIJ IS &4SED UPON FElD SUhf'Y. II ~ .1H 1JE REQUREJlEN15 (T 7HC sr.&:N5JCW IIAP ACT AM) LOCAL fBJIIANCC (J# .u.y.2Q. 20tH. cz-/I rK' 1(~~ II/I6!s5 ARNa..D L IIfJF .It RCC 57014 DAlE' MY RmS7RAJDI DtPftCS O6/JO;07 RftiIianI: -~ -~ -, .~ 2/.JM 6/l'5/l15 . ~ Dote S,h7jt)f ..... '" DE1'I LO - ccs 8J ~7 rJl._ .0. _- SITE PLAN 916 4TH A VENUE t GRAPmc SCALE h...~ i (.,...) 1..... _.. ft,. '. VICNTY UAP N.T.s. ROS 3891 PAr\. R"T MlnRI'RR 914 FaJ1H AlEME ou.A lISTA. C4 If'"~ 1: B. MAP: PAGE IJJD-C2 PORr/oN of CBEIW.. NOTES I. ZrJNIIGISRJPJf (EJtlSJWG1HJ PRtP<<iED) /..AM} USE: MA.r1-FMll.Y RESlDENIlAl. Z 101M. LOT AREA-tat AaiES/.fl,CU6 AQES EJtIS1IIIG ldlI\IG' 1'D07fVi~ NCIfJH -7I8f so. FT.. ET-2JIfJ son: LOTCOIElfAGE"-o.2J .1 roTAl MIlD (F DtfSJIIG LOB' _ 1 rDTALNUiI1fROFPROPOISEDL01S-1 of. roTAL MMJER OF I.IIFS - 15 .5. JHS SUDIfSItW IS A ca.oGW<<AW PROECT AS DUWED M SECTKW fJ!1O CT. SfO. CE JHE eM. cc.a- OF 1HC S1... 'IE" OF CAL.ftJNA All) ISFI.ED PfIISI.JNIT 10 1HE SIAIimfSICW MAl' ACT. 1HE roTA/.. MMER (F C(X](MMM DrElJ.MG lJM1S IS 15. TIE roTAt MMBER OF CCIIDOAl CQIC/QIAI<<.If 1.1115 IS 0. 6. RRURfD PARKWG (c.IIC 1U2.MO) - JD 9'Aa'S EJIlS1M; (N-S'fRECT !PAlES _ .JI5 SPN;ES ~ eM PLAN) ,.- A. ALL DRAINAGE F1<<M LOT IS aREC1fD 10 4111 A~ at AIlE'A DIWNS B. ALLI.DIG1HS.DlST~LOT~IR)CUM" RADI ARE Mf'RQIaIAJE II. '1OI'OGRAPHY Plli'O\GD BY S1fRlMG LAND SE1i'wa5" fEJ) SIIl'\oEY aI .u. r 2Q. 20tH. 1/1 PLOTAIJ.E CASDIE1il'S SHOWI ARC FRfM1'REI.MWlY l1U RE:PalT DOCIENTS I,.1HEREISNOPROPOSEDOUJf){)CrfS1tWMlE"1HAT-.t "ACT1HELAIIIJSCNIEI)MiE'AS LOT 20 0 PI' r>>s) - VML) .j::>. 0 --1 C1t1Sl ::r:: """"- lEl.CO. CAaE )> .SJlJ8 < fTl '" "0 ""'" aENINiCE PER""'" fZ.IZfJO ~ m! II'H: 118-072-21-00 ~~ -jL ----- LEGAL DEIlCfIP'IION - - N 7271'51. E 356.44' POS P/IJ POS /'OS P/IJ POS '( POS POS ~ ALL mAT PORJOI OF LOT 20 IN IXMRlER SEC1KW 1411 OF 0<<.lA I<<STA, FURHR DEst:RIBED AS' 8ECHING AT A PONT ON THE EAS1DlI.Y L1NE OF LOT 20, $AI) KlNT I1EMG DISTANT 158 FEeT stVJH f1l(JI 1HE NO/mOST callER (F SoU) LOT; 1HENCE E1E1fl Y J56..56 FECT ro A POINT ON 1HC ET I.ME OF $AI) L01; HNCE SOUTH ALONG 1HE IIE5T LIE fT LOT 2Q. 1J2.oo FlU ro K SOUOOllfST cawER OF SoW LOT; 1HENCE CAST ALONG 1HE SOU1H LJ#E OF $AI) LOr: DENCE IOfTH N.tMG 1HE EAST /.ME OF S4I) LOT ro JHEPOIITOFBEGIIHNG. POS P/IJ P/IJ 'i'm~ V) b<:l!Ii:: ~ ~m~~ P/IJ P/IJ 32' EXISnNG 2-STY BUILDING 79B4 SQ. FT. FF~ 82.65' ~ ",Vi ::j~~ _II (,.,j C) :-lg~ p ~~E; ~. ~ <> lHT 4 ABOIE /llfISQ.FT. UNlT.JBnOW IF45SQ.FT. UNlrzABOlof" "nSQ,FT. 1M'! sa".. 114lISQ.FT. .JQ!- IHT 12 A801C "lPSQ.F1. UNlT"1IEl.Of1 ".."SQ.FT. IJMTIO"woIE 1I7f1~n: IMT II saow "45514F1. ~.r'Jo.1f!'E IJMTllilELOW "45SQ.FT. I.NT6ABO\of" 1161SQ.FT. WT.JEDW "4551O.n: '" lUlVEYOR/LtAPP8'I SIDUIG LAMJ ~ IIC. 2fJ()7FJlSTA~ SAN IlEGO, C.A 9210J PHOIE: W19-Sff-6I65 " ~ C <c, 32'~ ., i~ V) b'" ~ ~~ . . '" ~ & ,t ~IS owtBlS STAlEMENT 6 /'OS lIE" ARE J1E 0IfDS fF DE PIKI'ERTY CO~ BY >>IS JIN', HEREBY ~ su) IIAP AND 1HE FIMG 1HERRI'". " , 5! !ill GRATE: INtET I!l ''''''''PIJ/IP ~~ ~- '" ~ 2.0% '" , SPM:lS " x ," 5 SPMES 10' x 7" 5.0' "t.JQ!- ~ .JQ!- 5 SPACrS If JC ,1' fri"'( '51 I I N 7271'51. E 356.44' 5 SPAQ;S' 10' It ,1' LEQEN) - CMK fOR1H DE\Elc:AOT. LLC 1459J RNOIO .MIlL DRI'E ~~fi~ _'_llll&,.4-(le" RUE.. (''1I,t1t11~ 0."" q-I4:~ '" .... .lQL ~......,. - - - - _1DT1N3 ~UlllTI'tI.E tt DISlM ,.,." I'aE .r ~ "U IMU(' olW EXISIMl ..0 lIED 0 ., ---- _...., FEJa -- .wASUB autSS ,.,....'24'" 1M.M' I'BlE5RMI QIIIQIA_ 10 QI'8I!IPJa _ _ _ _ ANllJE' (J'EIIII .!PACr POS PAlO IEl/M M.CXWY AIOW ('IIIInMJE' fHII 5I'MZJ p~ lDIIJI (JIIfII SPAl% cas EX151"","ENa. 21.7' roEE""""". ..,:tl I 8 StAas ,Q,-r C05 ~ ~ .I!lf! ;:; '" C05 IEW 11lASH ENaOSl.llE PER REr:Ya.MG .t S(U} IMSTFptNHNG.IfAMIAL LOSS a: 2 PARKING SPACES eo~.S STAlEMENT THIS MAP IMS PREPNIED BY IE at UNDER MY DIlECb NIJ IS MSm lP(M A nEIJ) .surnn II CfJNFO/'frINK:E .TH THE REQUIlEJIEN1SfFJHCSl.IiIWSII(WWPACTANDLOCAL ORDIWICE ON .u. y 20. 2004. 68 69 80 81 82 88 ~l1~f ~ IiIYRElJS1RAJION DfPflCS Il8jJO;117 RfQUIRfD EXceSS 2Sjwn 6CV.n: EASBBlT NOTES ill 2'EASEJlENrro>>EQTYfFQUA IfSTAfCRS11lEET PURPOSES PER DOC REr. .AJl..y 25, ,. AS FIE NO. 86-311'46 o.R. 8' HIGH:;;[ ~J- 5 OPEN SPACE TABLE C04IiION PRlVA'IE NUItlBfR , . , RfQ!JIRED f80 so F1 EXceSS nlJJ so FT 742 so FT 8fTE PLAN FOR: 916 4TH A VENUE CONDOMINIUMS F1 101AL BI5t FT 7925 son NOTE; 1Hl (FEN Sl'Aa AREAS ARE AS SHOWi cw lIE 8UIJJING PLANS S1AAftl) ~ BY lIE QTY PLANIING W>ARDENT DA1W SEP1DIlfR Ja '. PERM1 NO. 45S07.t B NiD RE1I.EC1DflSF1tG USf'S. 7ZfIO F1 m F1 s;'ing and ervices, Ine 2607 First Avenue phone: 619-546-6165 Rhltbt ,: VJ"" ~ Date 't27IM ..... ~ Of/151D5 ..... ~ ot/'l5M .... of ..... . DEPI '.11.= 110. xx-xxxx L.c. XX)(-XXXX cas '" ,BIJ5-IlJO' TYPICAL R.OOR PlAN SCALE ,. = 20' JDBrrLES\04~236-4TH AVE\D'w'GS\4TH BASE.dwg 09/15/2005 08:08:00 AM PDT ~ '" ~ Cl>-: ~"- "0 "'<n "'.., ~'" "ll:l <n", 5< Cj .r . ~ :t ;... ... '" FLOOR PLAN 916 4TH A VENUE 8' HIGH 5.7' 5..1' 8' HIGH EXISnNG 2-STY BUILDING 7984 SQ. FT. 8' HIGH ~ 02 .r ~ /; ~ 01 K ~ LR L ... "- ~ '" >t 1 ~ ~iii 1148 SO.n: 0 . /; ~~ ;; 'l' "~ OA .. . :il ,~ , C>~ ~~ . ~ ..<0 PA710/BALfo 6'XI7'XS' HIGH 8' HIGH 5.1' 01 LR 01 LR L 1145 SQ.FT. SA 1145 500FT. 0 SA 01 K LR L K 01 0 d LR 1145 5O.FT. 0 1145 SQ.FT. OA 5.7' 8' HIGH K 02 ~J l :il ~ ~ .. \:> '-.~ g~ J] ~~ o...~ >-t <O~~iii ~ ~~ V) -:: [~'l :B i;l STORAGE SUMMARY J BDRM UNITS STORAGE 'MTHfN STORAGE OUTSJDE TOTAL PER UNIT REQUIRED 15 0 256W.n: 2S6CU.n. 250WFT. GRAPHIC SCALE 'h......~~ (tHFE'ET) 1 Inch ~ 10 rt OJ ., BA o K LR 5 .2 L.E<lEN) I1f1JRD<>IGWf BA"*"",,, Dll<NGRODII Kl1fHN UKNG RODII 5""'''' 8' HIGH . PA110 ~ FlRSTFll:JM UNITS AND BALCONY ON SEC(H) FlOCR /JItITS 9;erling and '-""'''''''''..._ ervices, Inc. ~~ 2607 First Avenue San Diego, CA 92103 phone: 619-546-6165 fax: 619-546-6164 5.1' 8' HIGH PA710/'9AL# 6'XlrX/J' HIGH ., .A !L {J[ ,-.: ~ L SA J PRO..ECT AOOI rl 9'4rou1HA~ CHOCA~TA,CA g,gl1 T. B. MAP: PAGE 1330--C2 APN APN: 61a-072-zt-{}() LEGAL DE9Cflf'11UN AU. THAT PalTlON OF LOT 20 IN OOARTfR SECTICW 1<16 OF OMA 'lfSTA, FlJR1HERDCSCRfIEDAS: 8CGIIHNG AT A PaNT ON >>If fAS1ERty LINE OF LOT 20. SNO mNT BE1NG DlSTAJlT 156 FEET SOUTH ffl(jj me HCRTHEAST CORNER OF SAm LOT; rHfNCC IE51ER!Y J56.56 fEET 10 A POINT ON THE IIfST I.lNE OF SND LOT; THENCE 5W1H ALONG 1Hf IlEST UNC OF lOT 20, IJ2.00 FEET TO THE SOOTHIlEST CORNER lY SND LOT; THENa: EAST ALa<<; THE SOOTH UNE ex:- SAJJ) lOT; THENCE NORTH ALONG THE: EAST UHf lY SW LOT TO THE POINTlY8CGINNING. 8lJIYEY~ S1fRLIiG /..AND SERMCn INC. 2607 FIRST "'~ SAN 0lfG0, CA 9210J PHONE.' 619-546-6165 R.OOR PLAN FCJR; 916 4TH A VENUE CONDOMINIUMS RewiMon I: 9/15/tl5 fkigInaI Dot<< 6;22/05~ __ RrMion 2: ~ RrbIat J: ~._._ _ SIlHt_~_11I_.~ RftbIion 4; ~.___ DfPI_._._.____ T.M. XXXXXX Ila. xx-xxxx LC. XXX-)(XXX Ct:S 8J ,~ , "">-1M"" ~ ~I""" ff'.IVAW Of'E-~ ~p...a. -ryp[C.Al.. ~)(l.o:,-r. V HA::OP Ff.NCe 1"'1'f"lcAL e AL-l,.. .~Y.iCoo"C.t)~ t""r&. pl"~ .-- - --~--- ~--~--- - e.'l(\o9r. >-I"U~t>l~'" re."i''50'''G:o>.~0 ~WP MAIl. 6<'X ~)tl..-r. e..'lI'6o'f'Gr~B 1m .:..:.;;....-,..,;".:.: , \ y. '" ..' ~' ill ~I"",'G(....... . EQ3 -"" W/~"'iW E-~IOf. (I' ~p pe.u LANDSCAPE CONCEPT PLAN ~ ~E.l"':zor.o" .~ , $ NEW TRASH ENCLOSURE DETAiL ; Y=YARD WASTE R=RECYCLE . C=CONTAINERS 2l.rAll~H DESIGN CONCEPT STATEMENT . THE OVERALl. CONCEPT FOR THIS PROJECT IS TO PRESERVE : THE FOLLOWING EXISTING DESIGN EI.EMENTS THA TCONTRIBute GREATLY TO THE CHARACTER OF THE COMPLEX: -MATURE TREES -EXISTING BRICK SCREENING WALLS BETWEEN THE BUILDING AND THE STREET AND THE BUILDING AND THE PARK)NG LOT. -EXISTING MOUNDING BETWEEN THE BUILDING AND THE STREET WHERE THE OAK TREES ARE I.OCATED. THE REMAINING LANDSCAPED AREAS WII.I. BE RENOVATED WITH NEW PLANT MATERIAL THAT WILL PROVIDE AN UPDATED APPEARANCE FOR THE COMII'ON AREAS. N HI _.7II-1II"'..... =wn)_ -....... ': T...-....... ,.- '*" -.-. -'""! """'''''''- ~~.. p l1\ , IY] 10'::~ ~ 'I c ... " ..... ;; ~ _Lt.... :llDfle........... IrDCIrId""""'" 1IIII."'''''tw ,.......at;, ,,,....aI,.,.,.,..... ...."..z-. - ............ .....11*,. ..,of.,'" I I, ~ !I DI.INER'S 1 PERMITTEE'S NAME. t. ~= 4 [1<7/1 ADDRESSI J 45 Q?, Q.(.J.tV'c' a )e< IN"I d I TELEPHONE NO.' b rq - 1-69- I A:;:f SHORT LEGAL DESCRIPTION. NOTE: EXIST. CHILDREN'S PLAY AREA TO BE DEMOLISHED AND REPLACED WITH NEW 1-6 YEAR-OLD PLAY EQUIPMENT: TOT SLIDE .733-003pl BY MIRAtLE RECREATION EQUIPMENT CO. (800) 264-7225 - OR EQUAL. PLAY SUIlFACE TO BE 'FIBAR', 12' DEEP - OR EQUAL. ','\"" PLANT LEGEND BOTANICAL NAME TREES EXISTING TREES TO REMAIN (SEE PI.AN FOR SPECIES) SYMBOL .- f)(\ \ J -0. TRISTANIA CONFERTA SHRUBS c:;:;::::;;, EXISTING SHRUBS TO REMAIN @ AGAPANTHUS AFRICANUS * AGAPANTHUS AFRICANUS @ CLIVIA MINIATA @ HEMEROALLlS SP. G LANTANA MONTEVIDENSIS @ MAHONIA AQUIFOLlUM @ NANDINA DOMESTICA @ PELARGONIUM PELTATUM @ PHORMIUM TENAK 0 PITT05PORUM TOBIRA @ ZUASCHNERIA is. VINES DISTICTUS BUCCINATORIA GROUND COVER MYOPORUM PARVIFOLlUM LAWN eXISTING LIGHT POLE g EXISTING TREE CALIPER. NOTES: 1/10105 REVISIONS TO LANDSCAPE CONCEPT PLAN BY: LYNN E. BROWN-REYNOUlS, RLA _7""71...7, . ~oTE: ExiST. TRASH AREAS TO BE REMOVED AND REPLACED WITH NEW TRASH ENCLOSURE. SEE TRAsH ENCLOSURE DETAI~ ABOVE. J.L.Martln land'(:r;lpe archll.ct~r. ". IWscrlptlon COUNTY APPROVED CHANGES rDVHb ante RECORD PI. AN DATE'_ P.Q.lo.1321 ....plne,CollIO,nla 92001 A.P.N (711-m7-2/JX) SITE ADDRESS' q/h -'1'0 .a.!!€,. , 1/1'Ll0, lit,,-/6\< 1'..;4- 9I"r{( BY, RLA. __"'0 6t9U5,(209 EXPIRES' COMMON NAME SIZE BRISBANE BOX 24" 80X LILY OF THE NILE 1 GAl. "PETER PAN" 1 GAl. KAFFIR LILY 1 GAL OA YLlL Y . EVERGRN 1 GAL LA VENDER SWIRL 1 GAL COMPACTA 1 GAL HEAVENLY BAMBOO 1 GAl. IVY GERANIUM 1 GAL MAORI- DWARF , 5 GAl. WHEELERS DWARF 5 GAL CALIF. FUCHSIA 1 GAL TRUMPET VINE 1 GAL PROSTRATE MYOP. FLATS FORMER LOCATIO! LANDSCAPE ARCHITECT HAS VISITED THE SITE. THE EXISTING PLANT MATERIAL SHOWN 'TO REMAIN' IS IN GOOD. HEALTHY, VIGOROUS CONDITION. ALL OTHER EXISTING PLANT MATERIAl . WILL BERE~OVED. 2. THE EXISTING IRRIGATION SYSTEM IS TO REMAIN. A COMPLETE COVERAGE TEST WILL BE DONE PRIOR TO ANY NE PLANTING BEING INSTALLED. 3. THE EXISTING COMMON OPEN SPACESlCHILDREN'S PLAY ARE WILL PROVIDE ADEQUATE SPACE FOR ITS REQUIRED USES. THE PLAY AREA WILL CDNSIST OF A SMALl. PLAY STRUCTURE AND THE SITTING AREA WILL INCLUDE A PICNIC BENCH. 4. THE EXISTING MATURE TREES LOCATED IN THE COMMON AREA WILL PROVIDE A FOCAL POINT FOR THAT AREA. 5. THE EXISTING TRASH ENCLOSURE TO REMAIN. IT DOES NOT IMPACT ANY NEW LANDSCAPE AREAS. 8. THE PARKING LOT AREA IS APPROXIMATELY 13.275 SQ. FT.. THERE IS APPROXIMATEI. Y 1375 sa. FT. OF I.ANDSCAPED AREA ADJACENT TO THE PARKING LOT WHICH WII.I. PROVIDE THE REQUIRED 1D% LANDSCAPED AREA. PERMITS HABITAT LOSS PERMIT NO. SITE PLAN No' REZONE PERMIT NO. SPECIAL USE PERMIT NO. TENTATIVE MAP NO. BENCH MARK DESCRIPTION LOCATIDN' RECORD FRllM. ELEVATION, DATUM, PRIVATE CON SHEET II = LANDSCAPE CONCEPT PLAN FOR: 9164TH AVENUE CONDOMINIUMS CALIFORNIA COORDINATE INDEX ......."".<10 ,-"'" ... [XP 9-:)(H-~_ C