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Home My WebLink About2006/08/01 Agenda Packet I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this ~ ~ r., d cument on the bulletin board according ~ " Act requirements. ~ ~~-=~ -2i-ob Slgned7/!4/W j;.tJ1.4V ~~ -; CHULA VISfA Stephen C. Padilla, Mayor Patricia E. Chavez, Council member Jim Thomson, Interim City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Council member Susan Bigelow, City Clerk Steve Castaneda, Councilmember August 1,2006 4:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY SUSAN BIGELOW, CITY CLERK, OF THE EMPLOYEE OF THE MONTH, SHEREE KANSAS, RECORDS SPECIALIST . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION DESIGNATING AUGUST 12TH AS ARBOR DAY IN THE CITY OF CHULA VISTA, TO KIRSTEN SCRA TZ OF ENVIRONMENT CALIFORNIA AND MA YRA NUNEZ OF THE LOWRIDER COMMUNITY OF SAN DIEGO . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION IN CELEBRATION OF COLDWELL BANKER REALTY'S lOO-YEAR ANNIVERSARY, AUGUST 5, 2006 . DID YOU KNOW...ABOUT THE CITY'S GREENHOUSE GAS REDUCTION PLAN AND ITS ACCOMPLISHMENTS? Presented by Brendan Reed, Environmental Resource Manager, and Michael Meacham, Director, from the Department of Conservation & Environmental Services. CONSENT CALENDAR (Items 1 through 9) 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 immediately following the Consent Calendar 1. APPROVAL OF MINUTES of the Regular Meeting of June 6, the Special Meeting of June 6, the Workshop of June 8, the Special Meeting of June 8, the Regular Meeting of June 13, the Special Meeting of June 15, the Adjourned Regular Meeting of June 15, and the Regular Meeting of June 20, 2006. Staff recommendation: Council approve the minutes. 2. WRITTEN CORRESPONDENCE Letter of resignation from Maria Moya, Member of the Growth Management Oversight 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 CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY/CEO OF THE CVRC, CBAG EXECUTIVE DIRECTOR, AND DEVELOPMENT PLANNING AND IMPROVEMENT MANAGER AND TO DELETE THE POSITIONS OF COMMUNITY LIAISON (ASSIGNED TO THE OFFICE OF THE MAYOR AND COUNCIL), BUILDING AND PARK CONSTRUCTION MANAGER, CBAG OPERATIONS/INTELLIGENCE COORDINATOR, AND DIRECTOR OF EMPLOYEE DEVELOPMENT (SECOND READING; 4/5THS VOTE REQUIRED) Chula Vista City Charter section 500 requires that all unclassified positions not mentioned specifically in Charter section 500 be adopted by Ordinance. Adoption of the ordinance adds the unclassified position titles of Executive Director of the Redevelopment Agency/CEO of the CVRC, CBAG Executive Director, and Development Planning Improvement Manager to Municipal Code Section 2.05.010. The following positions are being deleted trom Municipal Code Section 2.05.010: Community Liaison (Assigned to the Office of the Mayor and Council), Building and Park Construction Manager, CBAG Operations/Intelligence Coordinator, and Director of Employee Development. This ordinance was introduced on July 25, 2006. (Budget and Analysis Director) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS AND AN EMERGENCY SHELTER GRANT (ESG) CONTRACT FOR FISCAL YEAR 2006/2007 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS; AND THE GRANT AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Page 2 - Council Agenda http://www .chulavistaca.gov August I, 2006 On April 4, 2006, the Council approved Community Development Block Grant (CDBG) funds for public service programs, community enhancement projects, city capital improvement programs, as well as the Emergency Shelter Grant (ESG) program. Adoption of the resolution authorizes the City Manager to execute contracts between the City and each sub-recipient of CDBG and ESG funds, in accordance with the U.S. Department of Housing and Urban Development (HUD) requirements. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH BEST BEST AND KRIEGER, LLP, FOR SPECIAL COUNSEL LEGAL SERVICES REQUIRED FOR THE FORMATION OF MAINTENANCE COMMUNITY FACILITIES DISTRICT NO. 13-M AND THE ANNEXATION TO IMPROVEMENT AREA A OF THE EXISTING OTAY RANCH PRESERVE MAINTENANCE DISTRICT (CFD 97- 2) FOR THE OTAY RANCH VILLAGE TWO PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 13-M (OTAY RANCH VILLAGE TWO) FOR OTAY PROJECT L.P., AND APPROVING THE FORM OF THE REIMBURSEMENT AGREEMENT Under the existing agreement with Best Best and Krieger, LLP, the scope of work is to provide special tax legal counsel services for the formation of Maintenance Community Facility District for Otay Ranch Village Seven pursuant to the "Mello-Roos Community Facilities Act of 1982." Adoption of the resolutions expands the scope of work to include similar legal counsel services for the Otay Ranch Village Two project, and in compliance with Council Policy, Otay Project, L.P. submitted an application for establishing Community Facilities District No. 13-M to fund the maintenance of certain public improvements for the Otay Ranch Village Two project. (Acting Engineering Director) Staff recommendation: Council adopt the resolutions. 6. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PARCEL MAP THAT IS PROPOSING TO VACATE A PORTION OF ROAD SURVEY 172, ALSO BEING CALLED PROCTOR V ALLEY ROAD, LYING WITHIN PARCEL 2 OF PARCEL MAP 16033, GRANTED TO THE COUNTY OF SAN DIEGO BY DOCUMENT FILED IN BOOK 304, PAGE 9 DEEDS ON OCTOBER 24, 1900 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, AND APPROVING THE ASSOCIATED PARCEL MAP AGREEMENT FOR THE PROJECT Page 3 - Council Agenda http://www.chulavistaca.gov August 1, 2006 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 99-04, THE SHOPS AT SAN MIGUEL RANCH, BETWEEN MCMILLIN SAN MIGUEL RANCH LLC, AND THE CITY REGARDING MAINTENANCE OF PRIVATE FACILITIES WITHIN THE PUBLIC RIGHT-OF- WAY On February 29, 2000, the San Miguel Ranch tentative map was approved showing a commercial center at the South East corner of Proctor Valley and Mount Miguel Road. McMillan San Miguel Ranch LLC has requested approval of a parcel map and vacation of a public road easement that lies within Parcel 2 of Parcel Map 16033. (Acting Engineering Director) Staff recommendation: Council adopt the resolutions. 7. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FUTURE PURCHASES OF CELL PHONE EQUIPMENT AND SERVICE FROM VERIZON WIRELESS, TO BE CONDUCTED ON AN AS- NEEDED BASIS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF ST ATE OF CALIFORNIA MASTER CONTRACT NO. I S-05-58-02 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY ON CELL PHONE ISSUANCE AND USAGE The Purchasing Agent is authorized to participate in cooperative bids with other governmental agencies for the purchase of materials and services of common usage. The City will benefit from a Master Contract issued by the State of California. Adoption of the resolutions authorizes the purchase of cell phone equipment and service in accordance with the State of California Master Contract, and adopts a policy regulating the issuance and usage of cell phones. (Finance Director) Staffrecommendation: Council adopt the resolutions. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REQUEST BY GLEN GOOGINS FOR THE WAIVER OF POTENTIAL OR ACTUAL CONFLICT OF INTEREST WITH RESPECT TO GLEN GOOGINS' REPRESENTATION OF TWO POTENTIAL CLIENTS Former Senior Assistant City Attorney Glen Googins has requested that the City Attorney confirm that his prospective representation of Mr. Jose Cortes and Bayscene LLC does not present a conflict of interest. The City Attorney's office recommends waiving any potential or actual conflicts related to Mr. Googins' proposed representation these two clients. (City Attorney) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING STAFF'S ACTION ON APPROVING CHANGE ORDER NO.2 WITH MJC CONSTRUCTION TO COMPLETE THE "ADA PEDESTRIAN RAMPS, INTERSECTION OF FIRST A VENUE AND KEARNEY STREET, IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. STL-317 A)" PROJECT Page 4 - Council Agenda http://www.chulavistaca.gov August I, 2006 This change order was required to add an item of work not originally included in the project design and to adjust the quantities for several items of work originally included in the project; all actions were necessary to complete the project in accordance with City standards and to provide for a timelier and improved project outcome. (General Services Director) Staffrecommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments 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 general~v prohibits the Council from taking action on any issue not included on the agenda. but, if appropriate, the Council may schedule the topic for fi/ture 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. 10. CONSIDERATION OF FISCAL YEAR 2006/2007 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICT I AND EASTLAKE MAINTENANCE DISTRICT NO. I The City administers and maintains thirty-six open space districts and associated zones that have been established over the last thirty years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 200612007 enables the City to provide these ongoing services. Adoption of the following resolution approves the levy of the assessment and collectibles for Open Space District I and Eastlake Maintenance District No. I. (Acting Engineering Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE DISTRICT NO. I AND EASTLAKE MAINTENANCE DISTRICT NO. I II. CONSIDERATION OF FISCAL YEAR 2006/2007 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICT 18 Page 5 - Council Agenda http://www.chulavistaca.gov August I, 2006 The City administers and maintains thirty-six open space districts and associated zones that have been established over the last thirty years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 200612007 enables the City to provide these ongoing services. Adoption of the following resolution approves the levy of the assessment and collectibles for Open Space District 18. (Acting Engineering Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE DISTRICT 18 12. CONSIDERATION OF FISCAL YEAR 200612007 LEVY OF ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE DISTRICTS 2 THROUGH II, 14, 15, 17,23,24,26,31 AND 33, BAY BOULEVARD, AND TOWN CENTRE MAINTENANCE DISTRICTS The City administers and maintains thirty-six open space districts and associated zones that have been established over the last thirty years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The levy of an annual assessment for Fiscal Year 200612007 enables the City to provide these ongoing services. (Acting Engineering Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE DISTRICTS 2 THROUGH II, 14, 15, 17, 23, 24, 26, 31 AND 33, BAY BOULEVARD, AND TOWN CENTRE MAINTENANCE DISTRICTS ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 13. CONSIDERATION OF PLACEMENT OF A BALLOT MEASURE ON THE NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION, REGARDING ARTICLE 34 OF THE STATE OF CALIFORNIA CONSTITUTION, TO AUTHORIZE THE CITY'S PARTICIPATION IN FUTURE AFFORDABLE HOUSING PROJECTS Page 6 - Council Agenda http://www .chulavistaca.gov August 1. 2006 Article 34 of the State of California Constitution, adopted in 1950, specifies the circwnstances under which public agencies have the authority for construction, development, and acquisition of affordable units for low income renters throughout the City. The City is nearing the limit of the 400 units previously approved under Article 34 by City of Chula Vista voters on April 11, 1978, and adopted by Ordinance No. 1897, and will require authorization to participate in future affordable housing projects (Acting Community Development Director) Staffrecommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PLACING A PROPOSED BALLOT MEASURE ON THE NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION BALLOT REGARDING ARTICLE 34 OF THE STATE OF CALIFORNIA CONSTITUTION, WHICH AUTHORIZES PARTICIPATION IN FUTURE AFFORDABLE HOUSING PROJECTS FOR LOW INCOME RENTERS THROUGHOUT THE CITY OF CHULA VISTA, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) 14. CONSIDERATION OF AN APPROPRIATION OF FUNDS TO THE SALT CREEK SEWER INTERCEPTOR PROJECT (SW-2l9) FOR THE REPAIR OF DAMAGED PUBLIC INFRASTRUCTURE AND MITIGATION OF POTENTIAL FUTURE DAMAGES Adoption ofthe resolution appropriates $550,000 from the available balance ofthe Trunk Sewer Capital Reserve Fund to the Salt Creek Sewer Interceptor (SW-2l9) project, and authorizes the use of these and other available project funds to be used to pay for repairs and unforeseen subsurface conditions associated with the Salt Creek Interceptor Sewer. (Public Works Operations Director) Staff recommendation: Council adopt the resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $550,000 FROM THE AVAILABLE BALANCE OF THE TRUNK SEWER CAPITAL RESERVE FUND TO THE SALT CREEK SEWER INTERCEPTOR (SW-2l9) PROJECT AND AUTHORIZING THE USE OF THESE FUNDS AND OTHER AVAILABLE PROJECT FUNDS TO BE USED FOR THE REPAIR OF DAMAGED PUBLIC INFRASTRUCTURE AND THE MITIGATION OF POTENTIAL FUTURE DAMAGES DUE TO TRENCH SETTLEMENT AND UNFORESEEN SUBSURFACE CONDITIONS ASSOCIATED WITH THE CONSTRUCTION OF THE SALT CREEK INTERCEPTOR SEWER (4/5THS VOTE REQUIRED) Page 7 - Council Agenda http://www.chulavistaca.gov August I, 2006 15. STATUS REPORT REGARDING OTAY VALLEY REGIONAL PARK PLANNING ACTIVITIES AND BUDGETING Over the past decade the City of Chula Vista, along with the City of San Diego and the County of San Diego, have been assembling land and establishing guiding documents for the formation of the planned 8,000-acre Otay Valley Regional Park. This report provides an update on efforts to establish this tremendous open space resource for residents of the City of Chula Vista and the South County. (Planning and Building Director) Staffrecommendation: Council accept the report. 16. CONSIDERATION OF APPROPRIATION OF FUNDS FOR THE PURCHASE AND CONSTRUCTION OF A PARK RANGER STATION AND FACILITIES FOR THE OT A Y V ALLEY REGIONAL PARK Over the past decade, the City, along with the City of San Diego and the County of San Diego, have been assembling/maintaining land, and establishing guiding documents for the formation ofthe Otay Valley Regional Park (OVRP) under a Joint Exercise of Powers Agreement (JEP A). Through the JEP A, each jurisdiction has been contributing fair share funding for OVRP-related costs. Adoption of the resolution appropriates $100,000, matching the City of San Diego and the County of San Diego, for the purchase and construction of a park ranger station and facilities for the OVRP. (Planning and Building Director) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $100,000 TO THE OTHER SERVICES CATEGORY OF THE FISCAL YEAR 2007 PLANNING AND BUILDING DEPARTMENT BUDGET FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR THE PURCHASE OF A PARK RANGER STATION AND RELATED RESTROOM FACILITIES FOR THE OTAY VALLEY REGIONAL PARK, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF SAN DIEGO, TRANSFERRING A TOTAL OF $200,000 TO THE CITY OF SAN DIEGO (4/5THS VOTE REQURlED) OTHER BUSINESS 17. CITY MANAGER'S REPORTS 18. MAYOR'S REPORTS Ratification ofreappointments to the following boards, committees and commissions: Page 8 - Council Agenda http://www.chulavistaca.gov August 1, 2006 Appeals and Advisors Board: Matt Flach Charter Review Commission: Humberto Peraza Childcare Commission: Nancy Kerwin (ex-officio), Jerome Sandoval Commission on Aging: Helen Marie Stokes, John Acosta Cultural Arts Commission: Kerry Knowlton, Tiffany Vinson, Susana Liston, Sara Deavenport Board of Ethics: Michael German Growth Management Oversight Commission: Matthew Waters Housing Advisory Commission: Gregory Alabado, Nancy Batterman (ex-officio) Human Relations Commission: Perny Cosca-Reese, Juan Celeya International Friendship Commission: Elva Mellor Board of Library Trustees: Eduardo Valerio Mobilehome Rent Review Commission: Joanne Clayton Parks and Recreation Commission: Francisco Rios Resource Conservation Commission: Douglas Reid, Eric Mosolgo, Lynda Gilgun 19. COUNCIL COMMENTS Joint report ITom Mayor Padilla and Deputy Mayor McCann on discussions with the San Diego Chargers. Recommendation: Council receive this report and authorize continued limited discussions with the San Diego Chargers. 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). 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Workers' Compensation Appeals Board, Case Nos. SDO 0294160 and SDO 0294161 21. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two cases ADJOURNMENT to a Council Workshop on August 3, 2006 at 6:00; and thence to the Regular Meeting on August 8, 2006 at 6:00 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 jive days for scheduled services and activities. Please contact the Ci~v 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 9 - Council Agenda http://www.chulavistaca.gov August I, 2006 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 6, 2006 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:21 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY JACK GRIFFIN, GENERAL SERVICES DIRECTOR, OF THE EMPLOYEE OF THE MONTH, GORDON DAY, SENIOR BUILDING PROJECT SUPERVISOR General Services Director GriffIn introduced the employee of the month, Gordon Day. Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Mr. Day. · OATH OF OFFICE: Sara Deavenport, Cultural Arts Commission City Clerk Bigelow administered the oath to Ms. Deavenport, and Deputy Mayor McCann presented her with a certificate of appointment. . PRESENTATION OF A PROCLAMATION TO KEN SAUDER, PRESIDENT OF SAN DIEGO HOUSING FEDERATION, PROCLAIMING JUNE 11-17, 2006 AS AFFORDABLE HOUSING WEEK Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Mr. Sauder. . INTRODUCTION BY POLICE CHIEF EMERSON OF POLICE RECRUITS DAVID CONLEY, JASON EDLIN, ANTHONY FORMHALS, DONAL HARDIN, MICHAEL KNAPP, AND LATERAL OFFICERS CURTIS CHANCELLOR, RAUL NARANJO AND JASON DEANER /11-1 DRAFT SPECIAL ORDERS OF THE DAY (continued) Police Chief Emerson introduced the officers, who recently graduated from the academy; and City Clerk Bigelow administered the oath of office to Officers Chancellor, Naranjo and Deaner. · DID YOU KNOW...ABOUT THE POSITIVE COACHING ALLIANCE PROGRAM IN YOUTH ATHLETICS? Presented by Ted Nelson, Recreation Supervisor III and James Northum, Recreation Supervisor II. Recreation Director Martin invited everyone to attend the grand opening of Salt Creek Park on Saturday, June 10th, from 10 a.m. to 8 p.m. He then introduced Recreation Supervisors Nelson and Northum, who presented an overview of the Positive Coaching Alliance Program in Youth Athletics. CONSENT CALENDAR (Items I through 9) Mayor Padilla stated that staff had requested that Item 6 be pulled from the Consent Calendar and removed from the agenda until further notice. Councilmember Rindone asked that when the item is brought back, the report detail how much the donation will cost the City. I. APPROVAL OF MINUTES of May 2, 2006 Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 3035, ORDINANCE OF THE CITY OF CHULA VISTA ADDING SECTION 8.22.35 TO THE CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING IN ALL OUTDOOR DINING ESTABLISHMENTS (SECOND READING) Adoption of the ordinance prohibits smoking in outdoor dining areas in Chula Vista. This ordinance was introduced on May 23,2006. (Constituent Services Manager) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE NO. 3036, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS FOR OTAY RANCH VILLAGES TWO, THREE AND A PORTION OF FOUR (SECOND READING) Adoption of the ordinance approves the Sectional Planning Area (SPA) Planned Community District regulations for Otay Ranch Villages Two, Three and a portion of Four. The ordinance was introduced on May 23,2006. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. Page 2 - Council Minutes http://www .chulavistaca.gov June 6, 2006 fA -;;)-. DRAFT CONSENT CALENDAR (continued) 4. RESOLUTION NO. 2006-162, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DIRECTING REVIEW OF THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE The proposed resolution directs the City Attorney and City Clerk to review the City's Conflict of Interest Code to determine whether or not amendments are needed, and to submit a notice to the Council prior to October 1, 2006, indicating the results of that review. (City Clerk) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-163, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF HALECREST DRIVE AS DEDICATED PER MAP NO. 4339, TOGETHER WITH A PORTION OF HALECREST DRIVE AS DEDICATED PER DOCUMENT NO. 1995-0469718, RECORDED ON OCTOBER 18,1995 The portion of Halecrest Drive to be vacated is located immediately north of Telegraph Canyon Road and east of Interstate 805. This portion of the dedicated right-of-way is no longer needed for public use. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF A FORD THINK VEHICLE FROM HIGHLAND PARTNERSHIP TO THE POLICE DEPARTMENT Highland Partnership recently donated a Ford Think electric vehicle to the Police Department for use by the Patrol Division. The Police Department envisions using the small electric vehicle at special event operations, such as parades and fairs. (Police Chief) Staff recommendation: The item be removed from the agenda. 7. RESOLUTION NO. 2006-164, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF MOBILE DATA COMPUTERS AND RELATED SERVICES AND SUPPLIES FROM GTSI CORPORATION ON AN AS-NEEDED BASIS UNDER THE TERMS AND CONDITIONS OF A COUNTY OF FAIRFAX, VIRGINIA COOPERATIVE AGREEMENT (#RQ03-605674-16A) WITH THE US COMMUNITIES PURCHASING ALLIANCE, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The Police Department currently utilizes an outdated wireless computer network to support information sharing between Police Dispatchers and Patrol Officers. Since the network is no longer serviceable, staff researched a new wireless solution that would allow the department to provide high bandwidth communications to police vehicles. Page 3 - Council Minutes http://www.chulavistaca.gov June 6, 2006 14-3 DRAFT CONSENT CALENDAR (continued) Additionally, current police mobile data computers (MDCs) are nearing the end of their useful life, and the department is requesting a complete replacement of all MDCs in the fleet. Adoption of the resolution authorizes the purchase of the MDCs and related services and supplies from GTSI Corporation, and appropriates $800,000 to the Services and Supplies budget of the Technology Replacement Fund from the available technology replacement fund balance. (Police Chief) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-165, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THREE TREE- TRIMMING CONTRACTS TOTALING $179,201 TO PROVIDE TREE-TRIMMING SERVICES AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE AGREEMENTS FOR FIVE ADDITIONAL, ONE-YEAR OPTION PERIODS Bids for multi-year tree trimming services were opened on April 27, 2006. Fourteen requests for bids were mailed out; three were sent to local contractors. Five companies submitted bids; none of them were from Chula Vista. Adoption of the resolution approves contracts with three bidders, Atlas Environmental Services, West Coast Arborists, and California Tree. (Public Works Operations) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2006-166, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING RECEIPT OF $6,870 IN COMMUNITY DONATIONS AND AMENDING THE FISCAL YEAR 2006 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,870 IN UNANTICIPATED REVENUE FROM THE DONATIONS FOR SENIOR SERVICES AND RECREATION CENTER GRAND OPENING EVENTS (4/5THS VOTE REQUIRED The Recreation Department has received donations totaling $6,870 from community members and Walmart to use for No=an Park Center's fitness and Life Options programs and three recreation center grand openings. Adoption of the resolution approves receipt of and appropriates the funds. (Recreation Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to remove Item 6 from the agenda and approve staff's recommendations, and he and offered Consent Calendar Items I through 5, and 7 through 9, headings read, texts waived. The motion carried 5-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. Page 4 ~ Council Minutes http://www .chulavistaca.gov June 6. 2006 / Ii-'f DPA ~T ~"" r"\", PUBLIC COMMENTS Ahmad Soloman, SDG&E Public Affairs Manager, provided the summer outlook for electricity and brochures for the community on energy saving tips and ways to manage energy bills. Betsy Cory, representing the friends of Rice Canyon, thanked staff for their support during the last canyon clean up to remove tree tobacco. Additionally, she thanked Parks Maintenance staff for removing a Tamarask plant in the canyon behind her home. She encouraged those interested in forming a canyon group to contact Eric Bowlby of the Sierra Club at 619-284-9399. Barbara Gelsomini protested the action taken by the Council on March 21, 2006 to remove the 5- ton limit signs for trucks using Hunte Parkway, Lane Avenue and Proctor Valley Road and designate the streets as truck routes. She stated her concerns about industrial traffic being brought into a residential neighborhood, and asked that the 5-ton limit signs be reinstalled. Alejandro Escobar, a resident of Lane Avenue, spoke regarding the removal of the 5-ton limit signs and the fact that children walk and play in the areas affected. He stated that there are no crosswalks for the children to use in crossing streets to get to school, the community center or the park. Additionally, the neighborhoods were not notified abead of time of the City's intent to remove the signs. He asked that the 5-ton limit signs be reinstalled. Alan Reoch, a resident of Whispering Trails Drive, which backs onto Lane Avenue, said that the signs were changed last week from a 5-ton limit on trucks to a truck route. He stated that Rolling Hills Ranch residents want to be able to safely cross streets, and he would like peace and quiet in his backyard. He asked the Council to ensure that the City Engineer would remove the truck route signs and reinstall the 5-ton limit signs. He also asked for a copy of the environmental impact report, if one was prepared; and that a one-month notice be provided to residents in the future, should similar changes be considered. Charles Wilson concurred with the previous comments. He stated that his family moved into the area in 2001. Before the removal of the 5-ton limit signs, the traffic had already become so bad that he and his wife walk their daughters to Eastlake High School. He then requested that the signs be reinstalled. Diana Hernandez, whose backyard faces Lane Avenue, said she had the same concerns as previous speakers and that she was told when she purchased her home in 1999 that the area would remain a community rather than become an area with commercial stores and trucks. She stated that an accident was waiting to happen on Fenton and Proctor Valley Road, where drivers already run the traffic signals, and she asked the Council to re-designate the streets with a 5-ton limit. Mayor Padilla referred the matter to staff for a report on noticing. Councilmember Chavez thanked the residents for attending to express their concerns. She said she had been working with staff on the issue and hoped to get back to them soon with information. At 4:55 p.m., Mayor Padilla recessed the Council meeting and convened the City Council/ Redevelopment Agency/Public Financing Authority meeting. At 4:56 p.m., Mayor Padilla reconvened the Council meeting, with all members present except for Councilmember Castaneda. Page 5 - Council Minutes http://www .chulavistaca.gov June 6, 2006 /11~S DRAFT PUBLIC HEARINGS COWlcilrnember Rindon recused himself from participation on the item, as he owns property within 500 feet of one of the project locations. 10. CONSIDERATION OF APPROVAL OF CHULA VISTA'S PORTION OF THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM State and federal regulations require the San Diego Association of Governments (SANDAG) to develop and adopt a Regional Transportation Improvement Program (R TIP) every two years in order to continue receiving federal and state funding. All projects that the City proposes to fund with Transnet funds must be included in the RTIP, which currently covers Fiscal Years 2006/2007 and 2007/2008 under the original legislation, and Fiscal Years 2008/2009 through 2010/2011 Wlder the Transnet extension. (Acting Engineering Director) 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. Acting Engineering Director Browder provided the staff report. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Deputy Mayor McCann offered Resolution No. 2006-167, heading read, text waived: RESOLUTION NO. 2006-167, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF CHULA VISTA'S PORTION OF THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2006/2007 THROUGH 2010/2011 TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) The motion carried 3-0-1 with COWlcilmember Rindone abstaining, as he owns property within 500 feet of one of the projects and COWlcilrnember Castaneda away from the dais. OTHER BUSINESS 11. CITY MANAGER'S REPORTS There were none. Page 6 - Council Minutes http://www . chula vistaca.gov June 6, 2006 If} - {p D ,.... .~. p- , ~L~' ' r.' ;.10 " .'~ .t.." '.~'~ ~ 'ii",," ,,--~l I 12. MAYOR'S REPORTS . Setting Planning Commission Interviews Mayor Padilla noted the list of 32 applicants selected by Councilrnembers to be considered for appointment to the Planning Commission. He asked for confIrmation that Councilmembers wished to follow past practice of scheduling interviews with the 11 applicants shown in bold who were selected by two or more members; and not calendaring interviews with the remaining applicants, at least during the first round. He said he wanted to confIrm the process, or make desired changes to it, prior to asking staff to calendar the interviews. Councilmember Rindone said he appreciated the opportunity to review the list prior to scheduling the interviews; and he supported following past practice of interviewing applicants selected by two or more Councilmembers. Councilmember Castaneda supported interviewing the 11 applicants for the current two vacancies and re-circulating the remaining applications, as well as advertising for new applicants, for consideration for a third vacancy that may be upcoming in the near future. He also suggested that the interviews be scheduled for more than one meeting due to the large number of candidates. Councilrnember Rindone and Deputy Mayor McCann concurred with Councilrnember Castaneda's comments and encouraged additional people to come forward and apply for the future vacancy. Mayor Padilla asked the City Clerk to post per Maddy Act requirements when the next vacancy occurs, and that the list then be redistributed. 13. COUNCIL COMMENTS · Councilrnember Rindone: Interim report on the needs of the Chula Vista Superior Court system. Councilmember Rindone provided an interim report, stating that staff was looking at the issues, challenges, and concerns about the impact of growth on the South Bay court system, which has physically exceeded space limitations and has had insufficient parking as far back as 2000. He said that these concerns need to be monitored by staff and the Council, and County Supervisor Cox also has his staff focused on the issues. He asked that when staff comes back with a report identifying the issues, it include proactive steps the City can take in partnering with the County. Deputy Mayor McCann confIrmed that the courthouse is on County land and asked that the report address how sites are selected and identify the decision-making jurisdictions (City, county and/or state). Councilmember Rindone said he hoped the staff report would identify short-term issues and solutions, along with the City's role in the matter, as well as project out 10 to 20 years and identify long-term needs. Page 7 - Council Minutes http://www .chulavistaca.gov June 6, 2006 /11 -1 DRAFT COUNCIL COMMENTS (continued) Councilmember Rindone requested a briefmg by the Mayor and/or Deputy Mayor on discussions held with the San Diego Chargers so that he could respond to questions of residents. Mayor Padilla reported that a cursory meeting, as per Council direction, had taken place between himself, the Deputy Mayor and the Chargers' representatives to determine whether there was any interest in pursuing Chula Vista as a new location. The meeting did not involve any negotiations. He.said a memo detailing the meeting would be provided shortly to the Council and the public. Councilmember Chavez made a formal referral to staff to review the truck route issue and the lack of stop signs, signals and crosswalks for children to use in crossing streets to the school and park. She said she had assumed that some sort of formal noticing was given to the residents, similar to that provided when stop signs are proposed to be installed. She requested a formal outreach process to the community when truck routes are being established. Lastly, she said she was told that several years ago, residents of affected neighborhoods contacted City staff regarding issues related to trucks going through their neighborhoods. If this were true, she believed the information should have been included in the staff report, and she asked staff to look into the matter. Deputy Mayor McCann thanked City staff for the wonderful celebration at the grand opening of Montevalle Park. He said the installation of playground equipment for children with disabilities was something of which to be very proud. ADJOURNMENT At 5:24 p.m., Mayor Padilla adjourned the meeting to the Special Meeting of the City Council and thence to the Adjourned Regular Meeting of June 8, 2006 and thence to the Regular Meeting on June 13, 2006 at 6:00 p.m. in the Council Chambers. Ij81&U~ fl~ t Susan Bigelow, MMC, City Clerk Page 8 - Council Minutes http://www.chulavistaca.gov /fI -~ June 6, 2006 DD..~. f"'T "~~"\ J' ]:iJ.... 1\'1... . It MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 6, 2006 4:00 P.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 5:24 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None Mayor Padilla recessed the meeting to Closed Session at 5:24 p.m. CLOSED SESSION 1. PUBLIC EMPLOYEE DISCIPLINEIDISMISSAL/RELEASE PURSUANT TO GOVERNMENT CODE SECTION 54952 2. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Mayor Padilla reconvened the meeting in open session at 8:19 p.m., with all members present, and the City Attorney reported that the Council had voted 5-0 to accept the resignation of City Manager Rowlands. Item 2 was not discussed, and no action was taken. ADJOURNMENT At 8:20 p.m., Mayor Padilla adjourned the Special Meeting to the Adjourned Regular Meeting on June 8, 2006 at 5:00 p.m. in the Council Chambers. r) J:h~ ~Io~ Susan Bigelow, MMC, City Clerk jr /13--/ DRAFT MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 8, 2006 5:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 5:15 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: Assistant City Manager Thomson, Senior Assistant City Attorney Marshall, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 1. BUDGET WORKSHOP . Introduction and Overview of Two-Year Budget Process Assistant City Manager Thomson gave an overview of the two-year budget process. He stated that adoption of the budget is scheduled for June 20, 2006. Director of Budget and Analysis Vaneenoo presented an overview of the two-year budget, including budget development, capital improvement program, general fund (five-year forecast, revenue projections, general fund budget, staffing changes, and potential program enhancements), and redevelopment agency budget. Also included was the fiscal year 2007 budget update. . Capital Improvement Program General Services Director Griffin presented the Capital Improvement Program that included a summary of changes; fiscal year 2007 street drainage and traffic projects, and anticipated mid- year major project appropriations. Councilmember Rindone requested that staff provide a report on the percentage of dollars that were expended for rehabilitation in western Chula Vista and Montgomery in the last two-year budget cycle. . General Fund: a. Five-Year Forecast b. Revenue Projections I C-I DRAFT Finance Director Kachadoorian presented the General Fund five-year forecast that included an assessment of general funds to 1) meet existing obligations, such as Memorandum of Understanding agreements and debt commitments; and 2) fund new initiatives, such as Phase III of the Civic Center expansion and the opening of the Rancho del Rey Library. Deputy Mayor McCann spoke regarding the general fund reserves, proposing that some of the funds be transferred trom the restricted reserves to the unrestricted reserves to meet the Council Policy; and he requested that staff explain any ramifications of this suggestion. He said it was important to err on the side of caution to ensure that the City is fully funded. Director Kachadoorian responded that the level of reserves is set by Council Policy, and she explained that the purpose of the equipment replacement fund was to have funds set aside in order to meet the needs for vehicle replacement. She added that staff has embarked on a review of the equipment replacement fund to make sure that staff knows what the adequate reserve levels should be. She suggested that staff come back with a plan in the next budget cycle to ensure that liabilities are not being created elsewhere. Deputy Mayor McCann spoke of the need to fully fund the reserves and to enter into the next budget cycle with a full analysis of restricted funds. Councilmember Castaneda suggested that staff come back during the budget clean-up process with a policy that would give the Council an opportunity to consider shifting funds trom restricted to unrestricted, and a standard for determining what equipment really needs to be replaced. Councilmember Rindone asked staff to provide a memorandum to the Council prior to the June 20, 2006 meeting containing the percentage of funds appropriated during the past four to five budget cycles that were unspent and transferred to the reserves. He also suggested an addendum to the policy of maintaining an 8% reserve, and asked staff to come back within 90 days of the new budget cycle with a review of the reserve amount and of establishing the 8% balance as of October 1 st each year to allow an assessment of the restricted and unrestricted reserves. Director Kachadoorian proposed that the transfer of restricted funds to un-restricted funds and a policy for a standard for determining equipment replacement be included in the staff report for the budget clean-up that will be brought forward to the Council in July. Mayor Padilla suggested that there be an actuarial analysis by department, that department needs be reflected in the department base budget, and that all un-encumbered general fund reserves be counted in total to reflect accurately what is left over. He concurred with the comments by Deputy Mayor McCann and Councilmember Castaneda. Mayor Padilla left the dais at 6: 15 p.m. c. General Fund Budget d. Staffing Changes Director of Budget and Analysis Vaneenoo explained the Operating Budget, including a summary of expenditure projections and staffing changes to the Fiscal Year 2007 budget. Mayor Padilla returned to the dais at 6:34 p.m. Page 2 - Council Minutes ,'-' r' June 8, 2006 DRAFT Councilmember Rindone spoke regarding the proposed position of Chief Executive Officer for the Chula Vista Redevelopment Corporation (CVRe) and asked staff to evaluate the need for additional support staff for the CVRC prior to the meeting of June 20th. Director Vaneenoo responded that staff would address the Redevelopment Agency later in the presentation. e. Potential Program Enhancements Not Included in Proposed Budget Director Vaneenoo introduced the proposed program enhancements, including police staffing and graffiti abatement. Police Chief Emerson presented the proposed police staffing. Mayor Padilla asked about the impacts on the City when police personnel are re-assigned to a regional task force. Chief Emerson replied that an internal mechanism exists whereby personnel would not be pulled from patrol to fill these positions. He added that the Jurisdictions United against Drug and Gang Enforcement (JUDGE) Program would be primarily focused in the South Bay. Mayor Padilla expressed concern about the ratio of officers per capita and the impacts of overtime and spoke of the need to continue to seek ways to increase police staffing in the City. Councilmember Rindone asked about the allocation of School Resource Officers to the new high school that will open in July. Chief Emerson responded that there are no additional School Resource Officers proposed, and he added that the school districts are having difficulty funding their portion for the services. Councilmember Rindone requested that staff continue to monitor the services and ensure that they are maintained at the current levels. Councilmember McCann expressed the need to anticipate additional staffing for new shopping centers. Chief Emerson replied that police staff had met with the shopping center security personnel to assist them with crime prevention methods. . Redevelopment Agency Finance Director Kachadoorian gave a brief overview of the Redevelopment Agency budget. In response to the concerns expressed by Councilmember Rindone regarding support staff for the CYRC, she suggested that when the Executive Director is hired, he or she bring forward a recommended budget to the Council so that funds could be reallocated or appropriated. . Other Funds Director of Budget and Analysis Vaneenoo presented an overview of the All Funds budget. Deputy Mayor McCann recommended the following: (1) fully fund reserves at 8%; (2) eliminate the CVRC stipend; (3) meet with staff for a clearer understanding of the City's organizational chart; (4) implementation of a cell phone policy; (5) look at tighter travel expenditures; and (6) create a government hotline where constituents can report anonymously to the City on waste in government. Councilmember Castaneda recommended that a rewards/incentive policy be implemented for individual departments who come under budget and seek methods to save money. He also spoke ofthe need for a budget that takes into consideration the City's infrastructure needs. Page 3 - Council Minutes June 8, 2006 DRAFT Mayor Padilla asked staff to explain whether or not an internal policy exists for departmental budget savings incentives. Director Kachadoorian stated that such a policy does not exist in the City but she would obtain further information about the County's policy. She added that as part of the Finance Department's strategic plan, staff is in the process of compiling a report of existing policies, and proposed policies would be brought forward to the Council for review. The Council recognized and thanked City Manager Rowlands for his service to the City. PUBLIC COMMENTS There were none. OTHER BUSINESS 2. CITY MANAGER'S REPORTS There were none. 3. MAYOR'S REPORTS There were none. 4. COUNCIL COMMENTS There were none. ADJOURNMENT At 8:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on June 13, 2006 at 6:00 p.m. in the Council Chambers. .? ----- - Lorraine Bennett, Deputy City Clerk Page 4 - Council Minutes June 8, 2006 DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 8, 2006 Immediately following the 5:00 p.m. workshop A Special Meeting of the City Council of the City ofChula Vista was called to order at 7:30 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None CLOSED SESSION I. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Interim City Manager No action was taken on this item. ADJOURNMENT At 8:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on June 13, 2006 at 6:00 p.m. in the Council Chambers. .Ln~,- /1{~ J !Y{J1 Susan Bigelow, MMC, City Clerk ;' ---/ DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 13, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6;54 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Mayor Padilla announced that the City Council convened in Closed Session at 5:00 p.m. for the purpose of addressing the position of Interim City Manager. In a unanimous vote, the Council appointed Assistant City Manager Jim Thomson, conditioned upon the successful negotiation of a compensation agreement. Councilmembers Rindone and Castaneda were designated to work directly with Mr. Thomson and then bring the agreement forward for ratification by the Council on June 20, 2006. Mayor Padilla also stated that a special Closed Session would be held on June 15,2006 at 5:30 p.m., prior to the joint City Council/Planning Commission/Growth Management Oversight Commission workshop, to further discuss this personnel appointment issue. Mayor Padilla further added that Mr. Thomson's position as Interim City Manager would be effective immediately. Interim City Manager Thomson thanked the Councilmembers for their trust and confidence, stating that he would do his best to serve the Council and citizens. He also acknowledged and thanked Dave Rowlands for his excellent work over last eight years, stating that Mr. Rowlands had assembled an extraordinary group of employees. He then thanked Mr. Rowlands and the entire city organization for their accomplishments. SPECIAL ORDERS OF THE DAY . DID YOU KNOW...ABOUT THE FIRE DEPARTMENT'S NEW FIRE SAFETY HOUSE? Presented by Justin Gipson, Fire Marshal. Fire Chief Perry introduced Fire Marshal Gipson, who made a presentation on the new fire safety house. / ;::::- / 1:...- DRAFT CONSENT CALENDAR (Items 1 through 9) With reference to Item 3, Councilmember Rindone stated that he would abstain from voting, as he owns property within 500 feet of the project. With reference to Item 4, Councilmember Castaneda stated that he would abstain from voting, as he owns property within 500 feet ofthe project. 1. APPROVAL OF MINUTES of May 4,2006. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATION Letter of resignation from Tracy Means, Member of the Resource Conservation Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. RESOLUTION NO. 2006-169, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING CITY STAFF'S ACTION ON APPROVING CHANGE ORDER NO. 2 WITH METROPOLITAN CONSTRUCTION TO COMPLETE THE "CMP STORM DRAIN PIPE REHABILITATION" PROJECT (DR- 165), AND TRANSFERRING THE AMOUNT OF $18,146 FROM CAPITAL IMPROVEMENT PROJECT "WESTERN CHULA VISTA INFRASTRUCTURE" (GG- 188) TO DR-165 FOR SAID PURPOSE In November 2005, the Council awarded a contract in the amount of $194,774 for the storm drain pipe rehabilitation project. During the course of construction, staff discovered that the existing pipe at the Fig/Guava site had a low point just below an existing block wall. Adoption of the resolution approves a change order for the additional work required to complete the project. (General Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2006-170, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING THE CONTRACT FOR THE "MEMORIAL BOWL RENOVATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA (PR-272)" PROJECT TO e.D.M. CONSTRUCTION, INe. IN THE AMOUNT OF $119,302.90, AUTHORIZING AN INTER-PROJECT TRANSFER OF RCT FUNDS FROM AN EXISTING PROJECT, GG-166, "HVAC EQUIPMENT UPGRADES," AND REDUCING THE APPROPRIATION OF STATE RECREATION GRANT FUNDS Three sealed bids were received for the Memorial Bowl renovations project. Adoption of the resolution accepts the bids, awards the contract and transfers funds for the project, the scope of which primarily includes rehabilitation of the amphitheater seating, walls, and walkways, and the installation of a new dedication monument within Memorial Park. (General Services Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes June 13,2006 DRAFT CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2006-171, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "EMERGENCY DRAINAGE FACILITY REPAIR WORK ON FIRST AVENUE, BETWEEN H STREET AND SHASTA STREET," AND RATIFYING THE ACTIONS OF THE CITY MANAGER AND DIRECTOR OF GENERAL SERVICES FOR MAKING AND EXECUTING A CONTRACT FOR SAID EMERGENCY REPAIR WITH T.C. CONSTRUCTION COMPANY, INC. In February 2005, the Police Department notified Public Works Operations that a sinkhole caused by failed storm drain facilities had developed along First Avenue, between H and Shasta Streets. In accordance with emergency provisions of the City Charter, staff contracted the services of T.C. Construction Company, Inc. for the repair. The repair was completed and the street reopened to vehicular traffic in June 2005. Adoption of the resolution accepts the final report of expenditures for the repair work and ratifies the actions of the City Manager and General Services Director to execute the contract. (General Services Director) Staff recommendation: Council adopt the resolution. 6.A. RESOLUTION NO. 2006-172, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR ASSESSMENT DISTRICT 2004-1 (DIXON DRIVE) B. RESOLUTION NO. 2006-173, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT PER YEAR AND THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR ASSESSMENT DISTRICT 2004-1 (DIXON DRIVE) C. RESOLUTION NO. 2006-174, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PLACEMENT OF A LIEN ON THE ASSESSED PROPERTY AND THE COLLECTION OF THE ASSESSMENT AT THE SAME TIME AND IN THE SAME MANNER AS OTHER CITY TAXES ARE COLLECTED FOR ASSESSMENT DISTRICT 2004-1 (DIXON DRIVE) In September 2005, the Council awarded a contract in the amount of $574,433.75 for the Dixon Drive project (STL-302), between Naples and Oxford Streets, to Scheidel Contracting and Engineering Inc. The work is now complete, and adoption of the resolutions accepts the filing of the Engineer's Report on the cost of construction, approves the deferral of assessments, establishes the rate of interest and financing period applied to deferrals for assessment, and authorizes the collection of assessments on the County tax roll. (General Services Director) Staffrecommendation: Council adopt the resolutions. Page 3 - Council Minutes June 13,2006 DRAFT CONSENT CALENDAR (Continued) 7. RESOLUTION NO. 2006-175, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2006/2007 Article XIIIB of the California Constitution, approved by the voters in 1979 and commonly referred to as the Gann Initiative, requires each local govemment to establish an appropriations limit by resolution annually. The purpose of the limit is to restrict the spending of certain types of revenues to a level predicated on a base-year amount and increased annually by an inflation factor. Adoption of the resolution establishes an appropriations limit of$446,907,029 for Fiscal Year 2006/2007. (Finance Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-176, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAINTAINING THE EXISTING CITY INVESTMENT POLICY AND GUIDELINES The City has an existing Investment Policy and Guidelines to ensure the prudent management of idle cash. State law requires that the Investment Policy and Guidelines be adopted by resolution of the City Council on an annual basis, after being reviewed to ensure consistency with the overall objectives of preservation of principal, liquidity, and yield, and its relevance to current law and financial and economic trends. (Finance Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2006-177, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING AN AGREEMENT WITH THE CENTRE FOR ORGANIZATION EFFECTIVENESS FOR STAFF PROFESSIONAL DEVELOPMENT CONSULTANT SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The proposed agreement is the second consultant assigrunent with The Centre this fiscal year. It provides management and executive leadership academies for the City. Since the total consultant fee for both agreements exceeds $50,000 this fiscal year, Council approval is required. Staff has recommended that the Council waive the formal consultant selection process and enter into the second agreement with The Centre based on the group's qualifications and experience, the limited market for this expertise, and satisfactory work performed on previous professional staff development consultant assigrunents. (Human Resources Director) Staffrecommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Item 3, which carried 4-0-1 with Councilmember Rindone abstaining, and Item 4, which carried 4-0-1, with Councilmember Castaneda abstaining. Page 4 - Council Minutes June 13, 2006 \ " DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Dick Butler spoke about issues regarding the proposed installation of a traffic signal at the intersection of Second A venue and Quintard Street. He stated that over a two-hour period daily, pedestrians and vehicles sharing the intersection and cause gridlock when Castle Park students get out of school. He believed that the installation of a traffic signal would not resolve the traffic problem. There are currently four-way stop signs at the intersection, with reports of only one accident over a two-year period. He believed the students would not obey the no-walk signals and that there had to be a better way to resolve the two-hour problem. Phil Magnon stated that he informed the City's Code Enforcement Division last year that the F Street Bookstore on Third Avenue was in violation of the City's ordinance that provides that adult book stores could not be within 500 feet of a residence. He said the bookstore had never been in compliance with either the County or the City regarding its proximity to residences. He believed that the City should consider closing the bookstore, or moving it, since it is a magnet for sexual predators. He encouraged the City to work to remove the F Street Bookstore and to enforce its own codes. Robin Leon stated that she was contacted on her unlisted phone number on several occasions by an out-of-state market and research company about the City's growth and was also asked to specifically vote against mayoral candidate Cheryl Cox. She believed that the City needed new leadership. She said she feared for her life and was a concerned and worried citizen. Mayor Padilla responded that the phone bank could have been one paid for by the San Diego Imperial Labor Council on his behalf, independent of his campaign and one that he did not control or hire. Carolyn Easley stated that government officials were not working together, citing for example that the Planning and Building Department was not working with Code Enforcement on California Code regulations 1104 and 1105. She said that nobody seemed to care what was going on in the City except for seniors, who would like to keep the City a beautiful and lawful place in which to live. Georgie Stillman spoke about the 24-hour Fitness Center that is proposed for the former CinamaStar theater site, stating that seven similar fitness facilities exist within a half-mile radius of the site. She questioned whether an economic feasibility study existed to support the use, and she found it inconceivable that the use could be supported when the City is encouraging development of the downtown area. She stated that if the owner or developer could not be dissuaded from the inappropriate use, perhaps the site should be considered a candidate for eminent domain to make way for a vibrant gathering place in the heart of the City's urban core. Page 5 - Council Minutes June 13, 2006 DRAFT PUBLIC HEARINGS 10. CONSIDERATION OF AN AMENDMENT TO THE MASTER FEE SCHEDULE TO INCREASE THE NATURE CENTER ADMISSION FEE The Nature Center's current admission fees became effective in September 2003, following the opening of the David A. Wergeland Shark & Ray Experience and Eagle Mesa exhibits. Admission fees have been re-evaluated in anticipation of the completion of the latest major expansion and upgrade of exhibits. It is recommended that the fees be modestly increased after the grand re-opening in July. (Nature Center Director) 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. Nature Center Director Beintema explained the proposed master fee schedule increase. Deputy Mayor McCann asked whether the proposed fee increase would affect any school or group programs. Director Beintema replied that Chula Vista elementary schools would not be affected, but schools outside the City's jurisdiction would pay the proposed increase in admission fees. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. ACTION: Mayor Padilla offered Resolution No. 2006-178, heading read, text waived. RESOLUTION NO. 2006-178, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO INCREASE THE NATURE CENTER ADMISSION FEE EFFECTIVE FOLLOWING THE OPENING OF THE WERGELAND FAMILY DISCOVERY CENTER The motion carried 5-0. II. CONSIDERATION OF APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE 14.58 ACRES AT 825 EAST PALOMAR STREET INTO A ONE-LOT CONDOMINIUM PARCEL (PCS 06-02; APPLICANT: LDM SUNBOW, LLC) LDM Sunbow, LLC, submitted an application for a tentative subdivision map to convert 336 existing apartments to a condominium project containing 336 individually-owned residential units, known as Missions at Sunbow. Adoption ofthe resolution approves the tentative map and its conditions. (Planning and Building Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Page 6 - Council Minutes June 13, 2006 PUBLIC HEARINGS (Continued) DRAFT Interim City Manager Thomson announced that perhaps confusion was created by recent information in the Union Tribune that gave the correct address for the project but added comments that may have led readers to believe that the project was one on Medical Center Drive and East Naples. He thanked the Union Tribune for running a correction. City Consultant Danielle Putnam presented the proposed Missions at Sunbow condominium conversion proj ect. Councilmember Rindone referred to a deed restriction preventing the apartments from being converted until 2013 and asked why the restriction could be lifted without creating a problem. Ms. Putnam responded that the property was recently sold, and the restriction was put into place to protect the past owners from any construction liability lawsuits due to condominium conversions. When the apartments are converted to condominiums, the former owners would formally give their permission to lift the deed restriction. Councilmember Chavez spoke regarding the 2,250 rental units remaining in the two-mile radius of the proposed project and asked if the Hendenkamp Elementary school district lies within that two-mile radius. Ms. Putnam responded affirmatively. Councilmember Chavez asked whether there would be any rules set for governing the conversions, should they occur years down the road. Ms. Putnam responded that an inspection would be made by the City's Code Enforcement officers, and any conditions would have to be made in the supplemental subdivision improvement agreement. There being no members of the public who wished to speak, Mayor Padilla closed the public hearing. Deputy Mayor McCann commented that the proposed project gives families the opportunity for homeownership and a stake in the community. ACTION: Deputy Mayor McCann then offered Resolution No. 2006-179, heading read, text waived: RESOLUTION NO. 2006-179, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DIVIDE INTEREST IN 14.58 ACRES AT 825 EAST PALOMAR STREET FOR A ONE-LOT CONDOMINIUM PARCEL CONTAINING 336 RESIDENTIAL UNITS The motion carried 5-0. Page 7 - Council Minutes June 13, 2006 } . DRAFT ACTION ITEMS 12. CONSIDERATION OF APPROVAL OF THE PUBLIC WORKS OPERATIONS DEPARTMENT'S STRATEGIC BUSINESS PLAN (Continued from May 23,2006) Io developing a Strategic Business Plan for Public Works Operations, several issues were identified that will affect the department in the next five years. Staff has established goals to address those issues proactively and has developed performance measures to track the progress in achieving those goals. (Public Works Operations Director) Public Works Operations Director Byers presented the five-year Public Works Operations Strategic Business Plan. Deputy Mayor McCano requested consideration of an increase in residential street sweeping during the next budget review cycle. ACTION: Deputy Mayor McCano then offered Resolution Nos. 2006-180 and 2006-181, headings read, texts waived: A. RESOLUTION NO. 2006-180, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PUBLIC WORKS OPERATIONS DEPARTMENT'S STRATEGIC BUSINESS PLAN B. RESOLUTION NO. 2006-181, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006 BUDGET BY APPROPRIATING $96,600 FROM THE AVAILABLE BALANCE OF PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND TO PURCHASE EQUIPMENT The motion carried 5-0. 13. CONSIDERATION OF ADOPTION OF A HOLIDAY FESTIVAL GUIDELINES POLICY The Council requested that the City Attorney prepare a Council Policy to provide guidance to the Recreation Department for the selection process for participation in the City's anoual Holiday Festival. (City Attorney) Senior Assistant City Attorney Marshall explained the proposed Council Policy. Deputy Mayor McCano asked whether the Yule Tide Parade and Holiday Festival were two separate events. Staffmember Marshall responded that the Holiday Parade is sponsored by the Downtown Business Association, the Holiday Festival is conducted through the City's Recreation Department, and a third event, the tree lighting ceremony, is coordinated by the Office of the Mayor and Council. Deputy Mayor McCano requested that these events be coordinated by all parties involved in the future, so as not to limit different views and expressions, and to provide an opportunity for the community to come together without censoring any group or activity. Page 8 - Council Minutes June 13, 2006 ACTION ITEMS (Continued) DRAFT Phil Magnan, representing Biblical Family Advocates, stated he was pleased that the City has taken religious freedom seriously and should protect religious expression, not suppress it. He felt that nobody in the community should have to fear retribution by those who have forgotten the meaning of the Constitutional rights of freedom of religion, assembly, and speech. He applauded the efforts of the City to draft the proposed policy and was hopeful that at the next holiday festival, there would be room for baby Jesus. Mayor Padilla stated that these issues are precious and important to everyone. He stated for the record that there was an employee in the Recreation Department who made a bad decision, and after a review of what happened, Mayor Padilla believed that the issue was not malicious or anti- religious, but a call made in the field that was based on a misunderstanding of the law. He did not want to characterize what occurred incorrectly, that there was or is an effort by the City to quash diversity or religious freedom, because that is absolutely not the case and has never been the case. Mayor Padilla then read portions of the policy language, noting that he believes it is the appropriate policy for our government to allow the free expression of the traditions and beliefs of all of its citizens. ACTION: Deputy Mayor McCann offered Resolution No. 2006-182, heading read, text waived: RESOLUTION NO. 2006-182, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY REGARDING HOLIDAY FESTIVAL GUIDELINES The motion carried 5-0. 14. CONSIDERATION OF AWARD OF CONTRACTS FOR POLICE INITIATED TOWING AND STORAGE SERVICES AND AMENDMENTS TO THE POLICE- INITIATED TOWING SERVICE RATE SCHEDULES The Police Department recently completed a request for proposal process to select qualified towing operators to provide police initiated towing and impound services. Four companies were selected. Adoption of the proposed resolutions awards the contracts for police-initiated towing and storage services, amends the rate schedule, and authorizes the department to make annual changes to the rate schedule. (Police Chief) Police Chief Emerson presented the staff report. Councilmember Castaneda requested confirmation that all seven respondents were qualified to move to the bidding process. Chief Emerson replied affirmatively. Councilmember Castaneda stated that one or more of the bidders recommended for award did not have a large rig tow vehicle in their fleets at the time they were rated and were asked to sign an affidavit at the end of the rating sheet. He asked the intent of the affidavit. Administrative Services Manager Chew explained that within one year after contracting with the City, the towing company is required to place a large rig vehicle in its fleet. During the first year, the company may sub-contract with other tow companies while in the process of obtaining capital to make the purchase. Councilmember Castaneda asked what recourse would be available if a tow company did not meet the minimum performance standards. Assistant City Attorney Marshall replied that the company could be removed from the list, a provision contained in the RFP (request for proposal). Page 9 - Council Minutes June 13,2006 .. DRAFT ACTION ITEMS (Continued) Deputy Mayor McCanu asked the why the first two RFP's were scrapped. Chief Emerson responded that there was a significant time lapse with the RFP process due to the relocation of the Police Department and a change in staffing. Staff, therefore, felt it to be a matter of fairness to close the RFP's out and start again; and while the third RFP is different ITom the past RFP processes, staff believed it to be the best option. Deputy Mayor McCanu requested confirmation ITom the City Attorney's Office that the proposed contract would not make a profit and not violate state law. Assistant City Attorney Marshall replied that based upon the figures and assessments by staff of their costs, this wass correct. She added that the Vehicle Code section states that the City may get a fee, so long as it does not exceed the actual and reasonable cost of administering the program. Deputy Mayor McCanu clarified that the main reason for this bidding structure was to ensure that the City recovers its costs and provides affordable towing services to the residents. Chief Emerson responded affirmatively, adding that residents would receive a good rate and good service ITom the proposed towing services. Councilmember Chavez asked if the City had criteria the towing companies would need to follow. Staffinember Chew replied that the criteria are outlined in the RFP, including uniforms, logos, and response times for the east and west sectors of the City. Councilmember Chavez asked about monitoring procedures for the towing companies. Mr. Chew replied that Police staff would be setting up a database to monitor the tow companies. John Clark, representing JC Towing Inc., mentioned a number of concerns regarding the tow contract, such as past inspections for grading contractors was either pass or fail, with no consideration for quality of equipment, the state of the tow yard, or tow yard location. He believed that one of the bids should not have been opened and should have been considered non- responsive, since the company did not comply with the requirement to provide detailed answers to the RFP questions; and two of the bidders did not demonstrate the ability to purchase a big rig tow truck as required by the RFP and should, therefore, have been disqualified for non- compliance. Mr. Clark also expressed concern regarding the formula for the fee. John Clark IV, representing JC Towing, stated that JC Towing was listed at the top of the list in the past two RFP processes. At the third RFP mandatory pre-bid meeting, a concern was raised by one of the bidders about violating Vehicle Code 11210 regarding full cost recovery. Mr. Clark stated that his bid was submitted based upon staffs assessment of full cost recovery, but he was later notified that the full cost recovery amount was changed. He stated that his bid was based upon keeping within the parameters of the Vehicle Code. David Pudgel, representing RoadOne, was pleased to be selected for towing services, and he thanked staff for a thorough and fair process. Shari Weintraub, attorney representing JC Towing, stated that she did not receive the towing services program documentation she requested ITOm staff in March 2006. She also believed that the committee for the RFP process did not comply with the standards of Vehicle Code 11210. She explained that the fair way for the City to present the bid was to determine whether or not Page 10 - Council Minutes , . June 13, 2006 DRAFT ACTION ITEMS (Continued) the tow operators were qualified; determine what the actual and reasonable costs incurred would be; identify the number of qualified tow operators the City would want in the program and divide one number by the other; issue an RFP; quote the license fee in conformance with Vehicle Code 11210; and invite all qualified tow operators interested in paying the quoted fee to bid. She believed that identifying after the fact the reasonable and actual costs and taking the highest bidders number to fit did not make it fair. Councilmember Castaneda requested confirmation by Ms. Weintraub that the way the City had selected the contractors was not proper under the state Vehicle Code. Ms. Weintraub responded affirmatively. Assistant City Attorney Marshall explained that there were a number of different types of license fees that different jurisdictions charge, and there is no case law that says one way or another is the acceptable way. Councilmember Castaneda clarified with staff that the rating system employed in this process identified qualified contractors who were then asked to submit financial bids. Chief Emerson responded affirmatively. Rodney Soldenberger, representing American Towing, confirmed that the standards set for the towing companies awarded the proposed contract were covered in the RFP and in the proposed contract. He stated that although his client did not currently have a big rig, the company did have one when the RFP process began in 2001 in order to attempt to obtain the Chula Vista contract, but it was not cost-effective. Pursuant to the RFP, parties were allowed to take exceptions to the RFP requirements, and he resented implications that American Towing was non-responsive. Regarding the Vehicle Code provision, he suggested that the Council refer to the memorandum sent in April !Tom American Towing in response to the argument regarding the Vehicle Code provisions. He urged the Council to support and act upon staffs recommendation. Councilmember Rindone pointed out that there was no grading on the inspection sheet to determine qualified operators, and he asked why the process was changed. Chief Emerson replied that staff elected to use a pass/fail system that was not based upon additional points for such thresholds as the type of uniforms or certain embroidery. Councilmember Chavez requested in the future that when RPF's require re-issue, the Council be provided with the prior RFP information in order to have a better understanding of the process. Additionally, she requested to add a stipulation to refer the proposed four bids to the Public Safety Committee for review in one year. Councilmember Rindone requested that the RFP process begin in the fourth year after commencement so that progress is being made prior to the end of the contract. Deputy Mayor McCann requested that when the towing contract is brought forward to the Safety Committee for review, there be a neutral party who is knowledgeable on the subject to act in an advisory capacity. Councilmember Castaneda asked that the Safety Committee come back with a better analysis of the City's annual costs and recovery, as well as a review of compliance by the proposed towing companies. Page 11 - Council Minules June 13, 2006 DRAFT ACTION ITEMS (Continued) ACTION: Mayor Padilla then offered Resolution Nos. 2006-183 and 2006-184, as amended to include a provision that the review process of the five-year towing services contract would commence at the end of the fourth year, headings read, texts waived: A. RESOLUTION NO. 2006-183, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS AND AWARDING CONTRACTS FOR POLICE INITIATED TOWING AND STORAGE SERVICES B. RESOLUTION NO. 2006-184, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE POLICE INITIATED TOWING SERVICE RATE SCHEDULE, ELIMINATING THE TOW REFERRAL FEE AND IMPLEMENTING A TOW LICENSE FEE, AND AUTHORIZING THE POLICE DEPARTMENT TO MAKE ANNUAL CHANGES TO THE POLICE INITIATED TOWING SERVICE RATE SCHEDULE The motion carried 5-0. OTHER BUSINESS 15. CITY MANAGER'S REPORTS Interim City Manager Thomson reminded everyone of the joint City Council/Planning Commission/Growth Management Oversight Commission workshop on June 15, 2006 at 6:00 p.m. at the John Lippitt Center, 1800 Maxwell Road, Chula Vista. · Discussion regarding the status of the Jade Bay Mobilehome Park bankruptcy proceedings. (Assistant City Manager Smith) Assistant City Manager Smith provided an update on the Jade Bay Mobilehome Park bankruptcy issue, stating that staff attended the meeting of the park residents at which the residents learned their role in the bankruptcy process, and they felt it was very helpful. She stated that the two major concerns of the residents are: 1) Residents who are on fixed incomes and live in old coaches that would be difficult to move; and, from a public policy perspective, 2) Should the park close; how would the people be relocated; and whose responsibility would it be to relocate them? Under current law and City ordinance, which may not be permissible under bankruptcy, there are some provisions for monetary assistance and relocation that are the responsibility of the park owner. Staff is concerned that this responsibility may shift to the City in some way, and therefore feels that the City may have a minor role to play in bankruptcy from a public policy perspective by addressing the court to make some assurances that relocation is taken care of throughout the bankruptcy proceedings, and should the park close, that some of the burden is shifted to the park owner, and not to the public agencies, to support the people who are there. Ms. Smith stated that staff has assured the park residents that they will be monitoring the matter and would return on June 22nd. She asked the Council to consider that the City has a role to play on the issue. Councilmember Rindone believed that it was appropriate that the park owner be held responsible for relocation assistance to park residents, and he looked forward to receiving further information. Page 12 - Council Minutes June 13, 2006 "r ! ~.. ! ~. DRAFT OTHER BUSINESS (Continued) ACTION: Councilmember Rindone moved to direct the City Attorney's Office to retain outside counsel to represent the City in the bankruptcy proceedings, commencing on June 15,2006. Mayor Padilla seconded the motion, and it carried 5-0. 16. MAYOR'S REPORTS . Ratification of appointment of Jeff Justus to the Design Review Commission. ACTION: Mayor Padilla moved to appoint Jeff Justus to the Design Review Commission. Councilmember McCann seconded the motion, and it carried 5-0. 17. COUNCIL COMMENTS Deputy Mayor McCann thanked and congratulated all those who participated in the recent Salt Creek Park grand opening. Councilmember Chavez reminded staff of the referral she made regarding the Championship Off-Road Racing (CORR) event last month. Interim City Manager Thomson responded that staff would be agendizing the request. CLOSED SESSION Closed Session was cancelled, and the following items were not discussed: 18. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case 19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Reyes v City ofChula Vista (USDC 05 CV 2309) ADJOURNMENT At 9:44 p.m., Mayor Padilla adjourned the meeting to the Adjourned Regular Meeting of June 15, 2006 and thence to the Regular Meeting on June 20, 2006 at 6:00 p.m. in the Council Chambers. - ~ ----- " Lorraine Bennett Deputy City Clerk Page 13 - Council Minutes ." , ~ .~ June 13,2006 II" ll./ ~ DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA June 15,2006 5:30 P.M. A Special Meeting ofthe City Council of the City ofChula Vista was called to order at 5:38 p.m. in Conference Room A, John Lippitt Public Works Operations Center, 1800 Maxwell Road, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 Agency designated representatives: Councilmembers Steve Castaneda and Jerry Rindone. Employee: Interim City Manager Jim Thomson. No reportable action was taken on this item. ADJOURNMENT At 6:35 p.m., Mayor Padilla adjourned the meeting to the Special Joint Meeting of the City Council, Growth Management Oversight Commission, and Planning Commission at 6:00 p.m. in the John Lippitt Public Works Operations Center, 1800 Maxwell Road, Chula Vista ~~~p~ Lori Anne Peoples, CMC, Senior Deputy City Clerk / ~-/ DRAFT MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL, GROWTH MANAGEMENT OVERSIGHT COMMISSION AND PLANNING COMMISSION OF THE CITY OF CHULA VISTA June 15,2006 6:00 P.M. Adjourned Regular Meetings of the City Council, Growth Management Oversight Commission, and Planning Commission ofthe City ofChula Vista were called to order at 6:36 p.m. at the John Lippitt Public Works Center, 1800 Maxwell Road, Chula Vista, California. On roll call, there were: ROLL CALL: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor Padilla Growth Management Oversight Commissioners: Arroyo, Garcia, Krogh, Little, Moya, Palma, Tripp, Waters, and Chair Spethman Planning Commissioners: Bensoussan, Felber, Nordstrom, Tripp and Chair Madrid ABSENT: Growth Management Oversight Commissioner Moya and Planning Commission Chair Madrid ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE PUBLIC HEARING 1. REVIEW OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S 2006 ANNUAL REPORT The Growth Management Oversight Commission (GMOC) has finalized its 2006 annual report regarding compliance with the City's quality of life threshold standards. The report reflects the outcome of analysis of information presented by various City departments and external agencies regarding the impacts on growth on each of the 11 facility and service topics covered by the threshold standards. The report addresses each threshold in terms of current compliance, issues, and corresponding recommendations. Planning and Building Director Sandoval provided an introduction and thanked everyone involved in the process, noting that this was the 20th year of the program, which is still considered a state of the art program, both statewide and nationally. Senior Planner Stephens provided the staff report covering the growth management program, the City's II quality of life indicators, the threshold standards under City control and external control, the establishment of the Growth Management Oversight Commission, the members and processes followed, including consistent questions asked for each threshold, City of Chula Vista statistics, and the residential growth forecast. / r::. - I: /.-7 DRAFT PUBLIC HEARING (continued) GMOC Chair Spethman provided a topic-by-topic review of the 11 quality oflife indicators with this year's findings and recommendations with regard to Fiscal, Air Quality, Sewer, Water, Libraries, Drainage, Parks & Recreation, Police, Fire/EMS, Traffic and Schools. Senior Planner Stephens presented the 2006 threshold standard - annual review summary for the period of July 1, 2004 through June 30, 2005. He then touched on the public review process, during which letters were received from Mr. Peter Watry and Ms. Laura Hunter of the Envirorunental Health Coalition. Additionally, the GMOC conducted a community workshop on June 7(1" and the only formal comments received were from Ms. Hunter. Subsequently, a request was received from the Sweetwater Authority to revise its response to the GMOC recommendation regarding recycled water use by adding clarification. A memorandum transmitting these revisions was provided on the dais this evening. Mr. Stephens then touched on the Growth Management Program Review, referred to as the "top to bottom" review, proposed changes and principles that are part of a three-prong effort, and the status of the proposed changes;, and he summarized the recommendations. The revised Growth Management Ordinance and Growth Management Guidelines document will be brought back to the Planning Commission and City Council following this year's annual review process and were not part of tonight's proposed action. GMOC Chair Spethman inquired as to whether any of the GMOC commissioners wished to provide additional comment on the draft. Commissioner Krogh stated that his opinion varied from that of the commission as a whole regarding the fiscal section of the report, and the vote was not unanimous. He then provided the Council and the Commissioners with a written statement and paraphrased his concerns for the record. His primary concerns focused on the fiscal section of the report and his view that the City acted illegally in using the SR-125 development impact fees. Commissioner Tripp stated that the GMOC held thorough discussions, with input from staff and the City Attorney's office, and the GMOC members believed they had adequately addressed the thresholds as adopted by the City Council and as stated in the Municipal Code. Commissioner Garcia said he had spent seven years on the Commission and was proud of the amount of time and level of effort devoted to talking about issues, listening to other opinions, bringing in staff, and obtaining legal opinions. The rest of the Commission believed that staff had responded with answers appropriately, the Commission did the best it could with all the information provided, and the Commission made the right decision. Mayor Padilla then asked and received concurrence to take public testimony prior to the Planning Commission discussion. Theresa Acerro stated that the structure of the GMOC, the types of materials they are given to evaluate, and the thresholds themselves are structured in a way to make it difficult not to meet a threshold, and therefore, are less valuable than they could be in evaluating the quality of life and the effects of growth upon that. Ms. Acerro then spoke regarding air quality and provided several examples and suggestions for improvement, such as providing developers with mandates rather than suggestions. She also suggested, with regard to water quality, the establishment of requirements for maintenance of sediment basins and filters in storm drains. Lastly, Ms. Acerro spoke regarding redevelopment and the need to create a threshold for the relocation of people and affordable housing. Page 2 - CounciVGMOC/PC Minutes http://www.chulavistaca.gov June 15, 2006 ^ r. DRAFT PUBLIC HEARING (continued) Kevin O'Neill, past member of the Planning Commission and GMOC, stated that he had participated in the 2005 GMOC threshold process, and he recommended changes in the library and parks thresholds, which seemed hollow in that they were met by completion of the facility, even though they were not yet open to the public. He had also recommended the addition of adequate staffing for the facilities, consistent with the library threshold, with appropriate hours of operation. Mr. O'Neill then stated that the City Manager had advised the GMOC it was not their role to consider staffing. Mr. O'Neill pointed out that staff should not dictate to a board or commission, as they are independent, and staff is there only to advise. A board or commission's allegiance should be to the citizens. Additionally, he stated that while serving on the GMOC, he had requested a threshold be added to look at the condition and maintenance of streets, as he felt the City was losing ground on street maintenance. Commissioner Bensoussan mentioned the parks and recreation threshold of three acres per thousand population and asked if there were a separate threshold for the west. GMOC Chair Spethman, Parks and Recreation Director Martin, Councilmember Rindone, Advanced Planning Manager Batchelder and City Attorney Moore addressed her questions, noting that Recreation was working with Community Development and Planning on meeting the challenges of the citywide ordinance. The Bayrront development will provide a considerable change to the parkland on the west side, and the current parks development ordinance has three acres per thousand for new development citywide, as does the General Plan and Parks Master Plan, based upon the Quimby Act, which was based upon development with no distinction between east and west. Ms. Bensoussan expressed her view that the document should reflect the reality and provide goals, not just pass or fail. She then requested and received clarification that acreage for school facilities and recreation-based community purpose facilities was not included in assessing the three acres of park land per 1,000 population standard; applauded the recommendation for planning a future major park to reflect a theme related to Chula Vista's history and accomplishments since its incorporation in 1911; requested consideration of a heritage element for the City's centennial in 2011 and urged the Council to put together a task force or committee for its preparation; requested clarification regarding traffic levels of service in western Chula Vista in the base year of 1991; suggested staff pursue additional transportation demand program grants if available in the future and, if available, consider using funds for the conversion of the trolley buses for possible use as rree shuttles to the Nature Center, Olympic Training Center and for west side tourism; confirmed that the Planning and Building Department has reorganized the environmental section, created a sustainability section that deals with habitat preservation, the Multiple Species Conservation Program and sustainability measures and the goal is to ratchet up standards and take them forward into the building community; and confirmed that the new GMOC Ordinance and guidelines were in the works and hoped they would address issues raised by the public regarding housing, water quality, street maintenance, library and parks. Director Sandoval noted that new items would need to be addressed in the next cycle. Ms. Bensoussan inquired about issues addressed by Commissioner Moya. Chair Spethman responded, as did Commissioner Tripp, stating that one of the public speakers at the last GMOC meeting was Laura Hunter of the Environmental Health Coalition, and Ms. Moya was an environmental representative. Ms. Hunter requested consideration of thresholds beyond those adopted by the Council, and Ms. Moya supported her request. Since the thresholds were approved by the City Council and not the GMOC, it was suggested that Ms. Hunter take her concerns to the City Council. Page 3 - Council/GMOC/PC Minutes http://www.chulavistaca.gov June 15, 2006 < DRAFT PUBLIC HEARING (continued) Commissioner Nordstrom stated that as a member of the GMOC, he had suggested that the report would be more complete if libraries and parks that fall under County jurisdiction could be included as an addendum. That would give a true depiction of quality of life, even though the threshold may not be met. He then applauded Commissioner Krogh for his level of conviction, whether right or wrong. Vice Chair Felber asked whether the GMOC had reviewed the subject of police coverage and whether a substation in the east would be better at accommodating growth versus additional beats and patrols. GMOC Chair Spethman responded in the affirmative, stating that the Police Chiefs preference was to have his officers under one roof and believed the money was better spent on beat patrol officers. Police Captain Wedge stated that one of the studies being conducted during the life cycle of the Strategic Plan would address this issue. Vice Chair Felber then expressed support for Commissioner Bensoussan's recommendation regarding the historical aspect of a future park in the west. He then encouraged staff to revisit what appeared to be a disparity between the medical center (per acre) fee and the regional commercial (per acre) fee, as it appeared to him that traffic going in and out of a shopping mall would be greater than a medical facility, so as not to discourage future expansion of or new medical facilities trom locating in the City. He also encouraged the City to work with the school district to open facilities for community use. GMOC Commissioner Garcia and Councilmember Rindone provided comment as to why this was not occurring, primarily due to security and safety issues and the delicate balance. Vice Chair Felber made inquiry on the school capacity figures and future enrollment at Palomar High School. ACTION: Planning Commissioner Nordstrom then moved to adopt Planning Commission Resolution No. PCM-06-01, heading read, text waived: RESOLUTION NO. PCM 06-01, RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA ACCEPTING AND APPROVING THE 2006 GMOC ANNUAL REPORT AND RECOMMENDING ACCEPTANCE AND APPROVAL BY THE CITY COUNCIL Commissioner Bensoussan seconded the motion, and it carried 4-0, with Chairman Madrid absent. Mayor Padilla requested questions and comments trom the Council. Deputy Mayor McCann recommended that the GMOC look at the City reserve capacity during future reviews to ensure that up to 8% is set aside for the fiscal health of the City. He then made inquiry, and Assistant City Manager/Library Director Palmer responded, regarding County library facilities being counted by the GMOC. Deputy Mayor McCann asked that some level of minimum staffing be established for libraries. He then inquired and received confirmation that the parks that currently are not on City property were not included in the threshold and that the Parks threshold was currently being met with the opening of new parks in 2006. Deputy Mayor McCann then requested the notation of a geographic distinction between east and west park acreage. He also requested that the City stay on track with the aquatics plan to make sure pools are provided for new and Page 4 - CounciVGMOC/PC Minutes http://www.chulavistaca.gov June 15, 2006 DRAfT PUBLIC HEARING (continued) existing residents. Further, he recommended City staff work with other agencies to put together a sewage treatment plant in the south county. He thanked staff for their work with the school district on getting the new high schools built on time. He then expressed concern with the next projected combination middle/high school in Village Eleven and the maturity levels of 7'h graders mixed in with lih graders. He spoke regarding the conflict with the United States Olympic Committee on naming the new high school in Village Seven Olympic High School, and he asked the Mayor to personally mention the matter to Peter Ueberroth, Chair of the U.S. Olympic Committee. With regard to the comments made by Commissioner Krogh on the use of Interim SR-125 development impact fees, Deputy Mayor McCann stated that staff was looking at possibly using them for traffic enhancements, toll reductions, and the creation of on and off ramps. He asked staff to provide an update on where the funds are headed. Further, he inquired as to whether, with all the additional police officers recently added, compliance would be met in Fiscal Year 2007, and he confirmed that the Bonita Public Safety Center storeftont was being used and negotiations were underway for an additional storeftont in the new shopping center. Police Captain Wedge responded that things were being reviewed in the Strategic Plan and hopefully there would be threshold compliance in 2007. Deputy Mayor McCann then thanked all Department Heads and staff for making great strides in meeting the established thresholds. Planning Vice Chair Felber stated that he had attended a combined middle/high school in the Midwest and suggested ways the district could make it safer, such as altering the start and end times, building entrances, generally separate the location of classes, and divide common areas such as the gym. Councilmember Rindone stated he had made a staff referral approximately three months ago regarding the planning of a community-wide centennial celebration. Assistant City Manager/Library Director Palmer responded that Cultural Arts and Funds Development Manager Reinhart and the Library Department were taking the lead and pulling together a set of recommendations on how it could be structured, which will be brought back to the Council the first of the year. Councilmember Rindone requested the inclusion of community members in the process. Councilmember Rindone then spoke regarding west side parks, stating that in addition to the potential new Bayftont park, there would soon be a new park on the KOA campground site. Councilmember Rindone then addressed Councilmember McCann's concerns regarding the naming of the new high school, stating that alternative names, such as Olympic Hills and Olympic Vista, were being reviewed. Councilmember Rindone then recommended the addition of a lih threshold, a transportation element, and asked the GMOC to brainstorm and look at what components of a transportation element might be appropriate. He also suggested the addition of a higher education component under Schools. Lastly, he asked the GMOC to look at the threshold for Police response times, requesting that emergency calls exceeding a 10-minute response time be looked at in more depth, and he suggested additionally that the Public Safety Committee look at all calls that exceed 10 minutes. City Attorney Moore commented on the statement made by Commissioner Krogh in which he noted he had spoken to several experts in related fields and quoted a law professor. Ms. Moore noted that it did not appear from the law professor's quote that the professor believed the City's 'r"'~'PA'" FT lJ]<'\ /' ~ ' PUBLIC HEARING (continued) actions with respect to use of the interim SR-125 DIF was illegal. The City Attorney's Office analyzed the issue, determined the actions were not illegal, and provided an opinion to the GMOC. The attorney who provided the opinion and spoke to Mr. Krogh has been practicing law for over 15 years and has handled complex legal issues with respect to land use matter, for both the City of San Diego and the City of Chula Vista. City Attorney Moore stated that she too had analyzed Mr. Krogh's concerns and found that the City's actions complied with state law. Ms. Moore went on to state that her legal background included over 20 years of experience in the area of land use, and that she had represented municipalities such as San Diego and Chula Vista, as well as private developers in a very reputable law firm in the San Diego. Although Mr. Krogh disagrees with the City Attorney's analysis, it was based on over 35 years of collective experience in the area of land use. She then stated that the analysis, simply put, was that refunds are required to be given when sufficient funds have been collected to complete the facilities identified by that fee. The interim fee was collected for a number of things, such as Interim SR- 125 facilities and other traffic enhancing projects. According to the City Engineer, the costs of those facilities exceeded the actual fees that were collected under the Interim SR-125 DIP program. Therefore, the City's actions were in compliance with state law. Councilmember Castaneda believed strides had been made regarding schools, public safety, fire, augmentation of the police budget and the ability of officers to reach their destinations in a timely matter, and traffic. However, within the Traffic threshold, more attention should be paid to maintenance, repair, and the quality of roadway segments. He asked the GMOC to look at roadway maintenance and repair along the same level as service analysis. He also asked that the Park threshold on the west side be looked at as a quality of life tool. Councilmember Chavez asked about the school districts and school building maintenance, upgrades and inspection ratings. Planning and Building Director Sandoval responded that the districts have put together a detailed work program on school staffing, new schools and old school renovations, and have agreed to share it with the GMOC on an annual basis. Commissioner Nordstrom stated that the GMOC had been provided with a school-by-school analysis manual on renovations. Councilmember Chavez then inquired as to projected emollment numbers and common school calendar considerations. Chair Spethman responded that suggesting changes to the district on the capacity of the schools and how they function was not within the purview of the GMOC. Further, Councilmember Chavez expressed concerns for the students of the proposed joint junior high/high school and the impact of traffic on the neighborhoods. GMOC Chair Spethman commented that the district was cognizant of the citizen concerns, and the GMOC reviewed the architectural renderings, which showed that there would be no interaction between middle and high school students. A wall divides the entire school. Additionally, the school would be smaller than others, which would minimize the traffic impacts. Councilmember Chavez stated her concerns were more with intermingling after school. Chair Spethman stated that, based on personal experience, the Police Department and School Resource Officers are currently doing an excellent job of monitoring current, similar situations. Councilmember Chavez stated that Village 7 is currently districted to go to Olympic High School, even though it is within walking district to Otay Ranch High School. She concurred with Councilmember Rindone's suggestion for a 12th threshold for transportation. She further noted that she did not see anything relating to medical or health care facilities and suggested looking at the adequacy of such service facilities for the community. Page 6 - Council/GMOCIPC Minutes http://www.chulavistaca.gov June 15, 2006 , , ! 1:"_, ~ / ',...' r),i)A.~' ~T wi\' 11 PUBLIC HEARING (continued) Planning Commissioner Nordstrom stated that he is the chair of the Scripps/Mercy Hospital Advisory Board, and is currently working with a group formed in concert with Supervisor Cox to develop a coalition to address healthcare. Proposals relative to medical care facilities in the south county will be forthcoming. He stated that it was incumbent upon elected officials, when going through the redevelopment process, possibly through grants or other means, to allow medical professionals to purchase homes in concert with the hospitals and within walking distance of hospitals and medical facilities. Mayor Padilla stated that local goverrunent could use its local land use authority to incentivize the types of housing and real estate transactions around medical facilities, and he suggested the City be involved with the committee at some time in the near future. He then echoed the comments from the Environmental Health Coalition that dealt with air and water quality and recommended that the Council consider tasking the GMOC with determining the right methodology to measure impacts. Mayor Padilla then thanked the members of the Planning Commission, GMOC, and staff. Councilmember Rindone added that incentivized housing for medical professionals and the creation of special circumstances to retain the facilities and expand them is an analogy that is also applicable to faculty housing for the university site. Planning and Building Director Sandoval asked that the Sweetwater Authority's requested technical changes in their response to GMOC recommendations, transmitted via staffs memorandum, be included as part of the motion. ACTION: Councilmember Rindone moved to adopt Resolution No. 2006-185, heading read, text waived, with the inclusion of the Sweetwater Authority's revisions referred to by Director Sandoval, with Council comments regarding additional and/or adjusted threshold standards, and incorporating direction by dialogue this evening from the Council: RESOLUTION NO. 2006-185, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2006 GMOC ANNUAL REPORT AND APPROVING THE RECOMMENDATIONS CONTAINED THEREIN; AND DIRECTING THE CITY MANAGER TO UNDERTAKE ACTIONS NECESSARY TO IMPLEMENT THOSE RECOMMENDATIONS AS PRESENTED IN THE "2006 GMOC RECOMMENDATIONS/PROPOSED IMPLEMENTING ACTIONS SUMMARY" Deputy Mayor McCann seconded the motion, and it carried 5-0. PUBLIC COMMENTS There were none. ADJOURNMENT At 9:22 p.m., Mayor Padilla adjourned the City Council to a regular meeting on June 20, 2006, at 6:00 p.m. in the Council Chambers. At 9:22 p.m., GMOC Chair Spethman and Planning Commission Vice-Chair Felber adjourned their CommissionsC) their respective regular meetings. a~~ 'lu Lori Anne Peoples, CM~puty City Clerk Page 7 - CouncillGMOCIPC Minutes http://www,chulavistaca.gov June 15, 2006 ,~ /'" ;~....., - July 21,2006 Hon. Mayor Padilla City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 iL;J\~ RtCt/lito Dear Mayor Padilla I am writing today to notify you and the City of my resignation from the Growth Oversight Management Committee effectively immediately. I sincerely regret that I cannot finish the term but the time commitment and the conditions of the Committee are not conducive to meaningful public participation. I must also say that I have been very frustrated by how the Committee operates. I have been involved in many such public advisory committees and know that they can operate in a manner respectful and inclusionary of the diversity views from all Commissioners and the public input. This one did not. As the environmental representative on the Committee my comments were often disregarded and I witnessed the disregard that the many on the Committee in general had for public members who attempted to raised valid environmental comments. As you consider future appointments, I urge you to seek to appoint consensus builders to these committees. It is my experience that if community members feel they are being given fair consideration they will be motivated to be involved. This is the kind of public participation environment that I urge the City to foster in its Advisory Committees. I would also urge that all public Committee Chairs be given training on how to facilitate an inclusive meeting. Thank you for the confidence that you have placed in me. I would look forward to serving on another City Committee in the future under different conditions. Sincerely, ~ /I, 1--? 7'1 CUt c:- /;/ (/'0.- Maria Moya 222 E. Oneida Street Chula Vista, CA 91911 ;z ORDINANCE NO ~O~O~ ORDINANCE OF THE CITY COUNCIL OF THE CITY Q~~~~ISTA AMENDING CHULA VISTA MUNICIPAL C9~~CJN 2.05010 RELATING TO THE ESTABLISHMENT OF ~SSIFIED POSITIONS TO ADD THE POSITIONS OF EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY/CEO OF THE CVRC, CBAG EXECUTIVE DIRECTOR, AND DEVELOPMENT PLANNING AND IMPROVEMENT . MANAGER AND to DELETE THE POSITIONS OF COMMUNITY LIAISON (ASSIGNED TO THE OFFICE OF THE MAYOR AND COUNCil), BUilDING AND PARK CONSTRUCTION MANAGER, CBAG OPERATIONS/INTELLIGENCE COORDINATOR, AND DIRECTOR OF EMPLOYEE DEVELOPMENT WHEREAS, the Human Resources Department has created 'new classifications to better reflect the needs of the City's workforce; and WHEREAS, Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I That Section 2.05 010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05010 Unclassified positions established In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled Administrative Services Manager, Advanced Planning Manager, Animal Control Manager, Assistant Chief of Police, Assistant Director of Budget and Analysis, Assistant Director of Building and Housing, Assistant Director of Community Development, Assistant Director of Finance, Assistant Director of Human Resources, Assistant Director of Planning, Assistant Director of Public Works and Operations, Assistant Director of Recreation, Assistant Library Director, Buildin~ Qnd PQrk Construction MQn3gor, California Border Alliance Group (CBAG) Deputy Executive Director, CBAG Budget Manager, CBAG Executive Assistant, CBAG Executive Director, CBAG Graphics Designer/Webmaster, CBAG Management Assistant, CBAG Methamphetamine Strike Force Coordinator, CBAG Network Administrator I, CBAG Network Administrator II, CBAG Network Manager, C8^G Oporations/lntolligonco Coordin3tor, CBAG Program Analyst, CBAG Regiona! Computer Forensic Laboratory Network Engineer, Chief Learning Officer, Chief of Staff, Coastal/Environmental Policy Consultant, Communications Manager, Community Liaison (,^.csignod to tho Office of tho M3yor and City Council), Community Relations Manager, Constituent Services Manager, Cultural Arts & Fund Development Manager, Deputy Building Official, Building Services Manager, Deputy City Manager, Deputy Director of Engineering, Deputy Director of General' Services, Deputy Director of Planning, Deputy Fire Chief, 3-1 Ordinance No. Page 2 Devefooment Planninq & Imorovement Manaqer, Development Planning Manager, Director of Budget and Analysis, Director of Communications, Director of Conservation and Environmental Services, D:rccter of EmploYGG D8':alopmcnt, Energy Services Manager, Executive Director of the Redevelooment AqencvlCEO of the CVRC. Fiscal Operations Manager, Human Resources Operations Manager, Intergovernmental Affairs Coordinator, Office Specialist (Mayor's Office), Parks and Open Space Manager, Police Captain, Purchasing Agent, Real Property Manager, Risk Manager, Senior Council Assistant! Traffic Engineer, Transit Coordinator, Treasury Manager SECTION II This ordinance shall,take effect and be in full force thirty days from its adoption. Submitted by' Edward Van Eenoo , Director of Budget and 'Analysis Approved as to form by' '-~~~~-~N)~\ Ann Moore City Attorney , . , . 3-2 PAGE I, ITEM NO.: MEETING DATE: L! / " 08/01/06 CITY COUNCIL AGENDA STATEMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS AND AN EMERGENCY SHELTER GRANT (ESG) CONTRACT FOR FISCAL YEAR 2006-2007 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS; AND THE GRANT AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SUBMITTED BY: ACTING COMMUNITY DEVEL MENT DIRECTOR REVIEWED BY: INTERIM CITY MANAGER II ITEM TITLE: 4/5THs VOTE: YES D NO 0 BACKGROUND On April 4, 2006, the City Council approved Community Development Block Grant (CDBG) funds for public service programs, community enhancement projects, city capital improvement programs, and CDBG administration and planning/coordination activities. In addition, the City Council approved an Emergency Shelter Grant (ESG) program and City administrative costs. The U.S. Department of Housing and Urban Development (HUD) requires a written contract between the City and each Subrecipient of CDBG, ESG and HOME Investment Partnerships Program (HOME) funds. Since HOME funds are primarily used for the provision of affordable housing, these contracts will be brought forward as projects are negotiated. In addition, the CDBG contract between the San Diego-Imperial Valley Labor Council Safe and Accessible Sidewalk project and the County of San Diego Regional Shelter Voucher Program will be brought forward as the project details are confirmed. RECOMMENDATION 1. That the City Council adopt the resolution authorizing the City Manager to: a. Execute the Community Development Block Grant (CDBG) contracts and an Emergency Shelter Grant contract for fiscal year 2006-2007 between the City of Chula Vista and various community groups and amend said contracts for minor line item budget adjustments or necessary programmatic changes to the Scope of Work; and 4-1 PAGE 2, ITEM NO.: MEETING DATE: L/- 08/01/06 b. Execute Fiscal Year 2006-2007 Community Development Block Grant, HOME Investment Partnerships (including the American Dream Downpayment Initiative) and Emergency Shelter Grant Agreements between the City of Chula Vista and the U.S. Department of Housing and Urban Development. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION CDBG & ESG CONTRACTS The CDBG, and ESG contracts between the City and the Subrecipients cover the period from July 1, 2006 to June 30, 2007. Each contract (CDBG and ESG) has several exhibits attached which are incorporated into the contract. Sample CDBG and ESG Subrecipient contracts including attachments a through d, are included as Attachments 1 and 2, respectively. The attachments to the agreements are: Attachment A: Attachment B: Attachment C: The Scope of Work describes the service the agency will be providing and the estimated number of people who will be provided each of these services each month. This performance schedule will be used to monitor each agency's progress in completing the scope of work. The Scope of Work includes an Estimated Budget that details how the agency intends to expend the CDBG/ESG funds. This itemized budget will be used to monitor expenditures throughout the year. Minor adjustments to budget line items or necessary programmatic changes to the Scope of Work will be handled administratively. Insurance Requirements describes the insurance requirements by the City of Chula Vista. The HUD Income Limits for the San Diego Standard Metropolitan and sample form (effective March 2006) will be used to determine the number of low income households/persons served. Each program is required to serve a minimum of 51 percent low-income persons/households. A sample form for capturing this data is included in CDBG agreements. 4-2 Attachment D: PAGE 3, ITEM NO.: MEETING DATE: 4- 08/01/06 City 01 Chu/a Vista Third Party Disclosure Form. This form is provided to Subrecipients to complete. The CDBG/ESG agreements included are for contracts with the following organizations for the purpose and amount stated: Adult Protective Services C. V. Communi Collab./CVESD C. V. Veterans Home Su ort Fndtn. Famil Health Centers of S.D. Lutheran Social Services Lutheran Social Services Meals-an-Wheels South Sa Communit Svcs. South Sa Communit Svcs. South Ba Communi Svcs. YMCA Fair Housin Council of San Die 0 Re ional Task Force on the Homeless Sub-Total South Sa Adult Da Health Care Child Care Coordinator Rehab Unit E ui ment KidCare Ex ress III Mobile Med. Unit Carin Nei hbor Pro'ect Hand Meals-an-Wheels Chula Vista Famil Violence Treatment Prevention & Diversion Pro"ect Thursda 's Meal Kinshi Su art Services $11,000 $42,000 3,500 27,000 20,000 8,000 $12,000 $34,000 96,600 10,000 25,000 00 Fair Housin & Tenant Education Re ional Task Force on the Homeless $37,000 $1,000 $38,000 South Ba Communit Services Sub- Total Casa Nueva Vida I - ESG06 $82,644 $82,644 The above list of contractors includes outside agencies and does not include City administered projects or programs. HOME funds will be contracted at a later time as well as two CDBG projects. 4-3 PAGE 4, ITEM NO.: if MEETING DATE: 08/01/06 HUD GRANT AGREEMENTS Annually, the City of Chula Vista is required to enter into grant agreements with the U.S. Department of Housing and Urban Development (HUD) for the following federally- funded entitlement grant programs: Community Development Block Grant ($2,042,661), HOME Investment Partnerships ($954,765 including the American Dream Downpayment Initiative) and Emergency Shelter Grant ($86,993). For FY 2006-2007, HUD will send the grant agreements to the City Manager to sign and return to the U.S. Department of Housing and Urban Development in order for the City of Chula Vista to receive its annual entitlement funding. The sample agreements from FY 05-06 are included as Exhibit 2 of the resolution. FISCAL IMPACT CDBG contracts, internal projects and administrative costs, totaling $2,042,661, will be funded out of the City's 2006-2007 CDBG entitlement from the Department of Housing and Urban Development. $954,765 will be funded with HOME entitlement funds, and $86,993 from ESG Entitlement funds. HOME funds will be contracted at a later time as well as two CDBG projects. In the remote event that HUD should withdraw the City's CDBG and HOME funding, the agreements provide that the City is not obligated to compensate the Subrecipients for program expenditures. CDBG, HOME, and ESG funds were appropriated as part of the fiscal year 2007 budget. Tonight's action authorizes the issuance of contracts with Subrecipients; there is no fiscal impact from this action. AnACHMENTS 1. - Sample CDBG Agreement Which includes the following attachments: Attachment A- Scope of Work Attachment B- Insurance Requirements Attachment C- HUD Income Limits 2006 Attachment D- Disclosure Form 2. - Sample Emergency Shelter Grant Contract Which includes the following attachments: Attachment A. Scope of Work Attachment B- Insurance Requirements Attachment C- HUD Income Limits 2006 Attachment D- Disclosure Form 3. Subrecipient Disclosure Forms 4-4 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 ~dbLL it!:r Ad! AnnM e City Attorney Dated: July 26, 2006 Contract for Management and Implementation of a Community Development Block Grant Project-Limited Clientele 4-5 ~ff? - - Attachment 1 ~ OTY Of CHUlA VISIA CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT-LIMITED CLIENTELE INSERT CONTRACTOR'S NAME INSERT PROJECT NAME This Contract Number by and between Adult Protective Services, Inc. (hereinafter referred to as "Subrecipient") and the City of Chula Vista (hereinafter referred to as "City") is effective on July 1. 2006 ("Effective Date"). WIT N E SSE T H: WHEREAS, there has been enacted into law the Housing and Community Development Act of 1974 (the "Act"), the primary objective of which is the development of viable urban communities by providing federal assistance for community development activities in urban areas; and WHEREAS, the City, is authorized to apply for and accept Community Development grants; and WHEREAS, City incorporated the Subrecipients's proposal for the project described in Attachment "A" hereof (hereinafter referred to as the "Project") into the City's Community Development Block Grant/HOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted to the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, HUD has approved the City Annual Funding Plan for Community Development Block Grant funds; and WHEREAS, it is the desire of the Subrecipient and the City that the Project be implemented by the Subrecipient; and WHEREAS, the Subrecipient shall undertake the same obligations to the City with respect to the Project in the City's aforesaid Annual Funding Plan for participation in the Community Development Block Grant program; NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. WORK TO BE PERFORMED: Subrecipient shall implement the scope of work ("Scope of Work") described in Attachment A, hereof fully and in accordance with the terms of the Annual Funding Plan approved by the City and submitted to HUD in application for funds to carry out the Project and the Certifications which were submitted concurrently with the Annual Funding 4-6 Plan. The Annual Funding Plan and Certifications form is hereby incorporated by reference into this contract fully as if set forth herein. Subrecipient shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said Annual Funding Plan and Certifications. Subrecipient shall hold City harmless and indemnify City against any harm that it may suffer with respect to HUD on account of any failure on the part of the Subrecipient to comply with the requirements of any such obligation. The obligations undertaken by Subrecipient include. but are not limited to, the obligation to comply with the current and most up-to-date version of each of the following: a. The Housing and Community Development Act of 1974 (Public Law 93-383, as amended, 42 USC S 5301, et seq.); b. HUD regulations relating to Community Development Block Grants (24 CFR 570.1, et seq.); c. The regulations in 24 CFR Part 58 specifying other provisions of the law that further the purposes of the National Environmental Policy Act of 1969 and the procedures by which grantees must fulfill their environmental responsibilities; d. Title VI of the Civil Rights Act of 1964 (42 USC S 2000d); Title VII of the Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC S 3601, et seq.); Section 109 of the Housing and Community Development Act of i 974; Executive Order 11246, as amended (equal employment opportunity); Executive Order 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; e. All section 3 covered contracts shall include the following clause (referred to as the "section 3 clause"): i. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. ii. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or 2 4-7 other impediment that would prevent them from complying with the part 135 regulations. iii. The Subrecipient agrees to send to each labor organization or representative of workers with which the Subrecipient has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Subrecipient's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. iv. The Subrecipient agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the sub-contractor is in violation of the regulations in 24 CFR part 135. The Subrecipient will not subcontract with any sub-contractor where the Subrecipient has notice or knowledge that the sub contractor has been found in violation of the regulations in 24 CFR part 135. v. The Subrecipient will certify that any vacant employment positions, including training positions, that are filled (1) after the Subrecipient is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Subrecipient's obligations under 24 CFR part 135. vi. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. vii. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and 3 4-8 employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). f. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1979,42 USC ~ 4601, et seq., and regulations adopted to implement that Act in 49 CFR Part 24; g. Office of Management and Budget ("OMB") Circular A-122 entitled "Cost Principles for Non-Profit Organizations"; OMB Circular A-133 entitled "Audits of States, Local Governments, and Non-Profit Organizations"; and OMB Circular A-110 entitled "Uniform Administrative Requirement for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non- Profit Organizations." h. Grant administration requirements as described in 24 CFR 570.504, which requires Subrecipient to return any program income earned by Subrecipient in carrying out the activities of this Contract to the City. Upon expiration of this Contract, Subrecipient shall transfer to the City any Community Development Block Grant funds on hand at the time of expiration and any accounts receivable attributable to the use of Community Development Block Grant funds. Any real property underSubrecipient's control acquired or improved in whole or in part with Community Development Block Grant funds in excess of $25,000 will either be; i. Used to meet one of the CDBG National Objectives, as defined in 24 CFR 570.208, and outlined by HUD until five years after expiration of the contract; or ii. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for acquisition of. or improvement to, the property. Reimbursement is not required after the five-year period pursuant to 24 CFR 570.505. Program income on hand at the time of closeout and subsequently received shall continue to be subject to all applicable Community Development Block grant Program eligibility requirements, 24 CFR 570.489, and provisions of this Contract. I. 24 CFR 570.505 concerning use of real property; 4 4-9 j. The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Historical and Archaeological Preservation Act of 1974 (Public Law 93-291); and Executive Order 11593; k. The Labor Standards Regulations set forth in 24 CFR 570.603; I. Labor Code section 1771 concerning prevailing wages; m. The Hatch Act relating to the conduct of political activities (5 U.S.C.9 1501, et seq.); n. The Flood Disaster Protection Act of 1973 (42 U.S.c. 9 4001, et seq., and the implementing regulations in 44 CFR Parts 59-78); o. The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD 24 CFR Part 8; p. The Clean Air Act [42 U.S.c. 9 7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 9 1251, et seq.) and the regulations adopted pursuant thereto (40 CFR Part 6); q. The Drug-Free Workplace Act of 1988 (Public Law 100-690); r. The Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and implementing regulations at 24 CFR Part 35; s. No member, officer or employee of the Subrecipient, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof. for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification. t. The Subrecipient certifies, that in accordance with Section 319 of Public Law 101-121, to the best of his or her knowledge and belief that: i. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or 5 4-10 employee of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewals, amendment, or modifications of any federal contract, grant loan, or cooperative contract. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative contract, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. u. The Architectural Barriers Act of 1968 (42 U.s.C. ~ 4151, et seq.); v. The Americans with Disabilities Act (42 U.S.c. ~ 12101); and w. The bonding requirements described in 24 CFR Part 85.36 required for construction or facility improvement contracts or subcontracts that exceed the simplified acquisition threshold (defined at 41 U.S.C. 403(11)). These requirements are further described in Attachment B, which is attached hereto and incorporated by reference. 2. COMPLIANCE WITH LAWS: Subrecipient shall comply with all applicable local, state, and federal laws, regulations, and ordinances when performing the work required by this Contract. 3. COMPENSATION: City shall reimburse Subrecipient for the costs it incurs for work performed under this Contract, not to exceed a maximum reimbursement of S . Subrecipient shall not submit claims to the City nor shall City reimburse Subrecipient for costs for which Subrecipient is reimbursed from a source other than the funds allocated for work under this Contract. 4. COMPENSATION SCHEDULE: City shall pay Subrecipient monthly progress payments upon submittal by Subrecipient of a certified statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this Contract. The balance due shall be paid upon certification by Subrecipient that all of the required services have been completed. Payment by City is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not apply to acquisition or service contracts. 6 4-11 5. INDIRECT COSTS: If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the City for approval. 6. EXPENDITURE STANDARD: To insure effective administration and performance of approved Community Development Block Grant projects and to meet HUD performance standards, Subrecipient shall demonstrate reasonable progress on implementation of the project, expending all contracted funds within 12 months from the date the contract is executed. In the event all funds are not expended within 12 months, the City shall notify the Subrecipient of the expenditure deficiency. Subrecipient will have a total of 60 days from the date of the City's written notification to correct the deficiency. If the deficiency is not corrected within that time, Subrecipient agrees that the City may reallocate the amount of the expenditure deficiency. 7. TERM: This contract shall commence when executed by the parties and shall continue in effect until terminated as provided herein or until Subrecipient has carried out all its obligations under the contract. Services of the Subrecipient shall start on the 1 st day of July, 2006 and end on the 30th day of June of 2007. With City approval, the term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. 8. TERMINATION FOR CONVENIENCE: The City may permit the agreement to be terminated for convenience in accordance with 24 CFR 85.44. 9. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion of the City if the United States Government terminates the Community Development Block Grant Program or terminates the Project that is the subject of this Contract. 10. TERMINATION OF CONTRACT FOR CAUSE: Subrecipient and City recognize that the City is the governmental entity which executed the grant agreement received pursuant to the City's application and that City is responsible for the proper performance of the Project. If Subrecipient fails to fulfill in a timely and proper manner its obligations under this Contract to undertake, conduct or perform the Project identified in this Contract, or if Subrecipient violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project, or if Subrecipient violates any provisions of this contract, City shall have the right to terminate this contract by giving at least five days written notice to Subrecipient of the effective date of termination. Even if City terminates the Contract, Subrecipient shall remain liable to City for all damages sustained by City due to Subrecipient's failure to fulfill any provisions of this Contract, and city may withhold any reimbursement payments form Subrecipient for the purpose of 7 4-12 set-off until the exact amount of damages due to' City from Subrecipient is determined. Subrecipient hereby expressly waives any and all claims for damages for compensation arising under this contract except as set forth in this section in the event of such termination. 11.CONTRACT ADMINISTRATION: The City Manager of the City of Chula Vista, shall administer this Contract on behalf of the City. The Executive Director shall administer this contract on behalf of the Subrecipient. Within a reasonable time after the City makes a request, Subrecipient shall give the City progress reports or other documentation as required by the City's Administrator to audit Subrecipient's performance of this Contract. 12. RECORDS AND REPORTS: The Subrecipient shall maintain records and make such reports as required by the City of Chula Vista, to enable the City to analyze Subrecipient's project. All records of the Subrecipient related to this Contract or work performed under the Contract shall be open and available for inspection by HUD and/or City monitors and auditors during normal business hours. 13. RETENTION: The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later. 14. CLIENT DATA: The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, ethinicity, and income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. A sample form is included in attachment c. 15. DISCLOSURE: The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the City's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the state of Federal law privacy laws unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 16.QUARTERLY REPORTS/ANNUAL REPORT: Subrecipient shall provide the City with a quarterly report, submitted no later than 15 days after the last day of the previous quarter, which includes a narrative of the services provided, 8 4-13 progress towards meeting the timeline goals stated in the contract, and an itemized accounting of the expenditures of CDBG funds during the previous quarter. Failure to submit quarterly reports in a timely manner will result in withholding of CDBG funds until the report has been submitted. . Quarterly Performance Report due dotes are: October 16, January 15, and April 16 . Annual Performance Report [CAPER) due dote is: July 16 17.INDEMNIFICATION: City shall not be liable for, and Subrecipient sholl defend and indemnify City and its officers, agents, employees and volunteers against any and 011 claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, changes or costs of any kind or character, including attorneys' fees and court costs by this Contract orising either directly or indirectly from any oct, error, omission or negligence of Subrecipient or its officers, employees, agents, Subrecipients, licensees or servants, including without limitation, claims caused by the concurrent oct, error, omission or negligence, whether active or passive, of City, and/or its agents, officers, employees or volunteers. However, Subrecipient sholl hove no obligation to defend or indemnify City from 0 claim if it is determined by 0 court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of City or its agents or employees. Subrecipient and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City) reimburse and hold City and its officers, employees and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims) or loss, including attorneys' fees, consultant's fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises, and the release or discharge of hazardous materials by Subrecipient during the course of any alteration or improvements of the Premises by Subrecipient, unless hazardous materials are present solely os 0 result of the gross negligence or willful misconduct of City, its officers, employees or agents. The indemnification provided by this section sholl also specifically cover costs incurred in responding to: a. Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the commencement dote; b. Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the commencement date; c. Hazardous materials present on or under the Property as a 9 4-14 result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the term of this Contract by any person, corporation, partnership or entity other than City. The foregoing indemnities shall survive the expiration or termination of the contract any or any transfer of all or any portion of the Premises, or of any interest in this Contract and shall be governed by the laws of the State of California. la.AUDIT COSTS: Subrecipient shall reimburse City for all costs incurred to investigate and audit Subrecipient's performance of its duties under the Contract if Subrecipient is subsequently found to have violated the terms of the Contract. Reimbursement shall include all direct and indirect expenditures incurred to conduct the investigation or audit. City may deduct all such costs from any amount due Subrecipient under this Contract. 19. ENTIRE AGREEMENT: This Contract constitutes the entire agreement of the parties and supersedes any previous oral or written understandings or contracts related to the matters covered herein. 20.MODIFICATION. This Contract may not be modified except by written amendment executed by each party. 21.ACKNOWLEDGEMENT OF FUNDING: Subrecipient shall identify the City of Chula Vista as the source of funding, or, if applicable, one of the sources of funding in public announcements that are made regarding the Project. Acknowledgement of the City's funding roles, for example, should be included in publicity materials related to the Project. In addition, Subrecipient agrees that the City shall be apprised of any special events linked to the Project so that a review can be made on what role, if any, the City would assume. 22.INSURANCE: Subrecipient agrees to comply with the insurance requirement set forth in Attachment B. 23.NO WAIVER: No failure, inaction, neglect or delay by City in exercising any of its rights under this Contract shall operate as a waiver, forfeiture or abandonment of such rights or any other rights under this Contract. 24. NOTICE: Any notice or notices required or permitted to be given pursuant to this Contract shall be personally served by the party giving notice or shall be served by certified mail. Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid, addressed to: 10 4-15 Subrecipient: Name of Agency and Title Address City, State, Zip Code City: City of Chula Vista Housing Manager Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 11 4-16 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF CHULA VISTA Jim Thomson Acting City Manager, City of Chula Vista APPROVED AS TO FORM Ann Moore City Attorney ATTEST City Clerk (Insert Name of Organization) (Insert Name of Contract Administrator) 12 4-17 ATTACHMENT A SCOPE OF WORK The_(lnsert) . (SUBRECIPIENT) has a certain project to be implemented with Community Development Block Grant (CDBG) Program funds. The work to be accomplished includes the following: CDBG National Obiective: (Insert) Funding shall provide (Insert Activities) A. ESTIMATED TIME SCHEDULE: SUBRECIPIENT will make all good faith and reasonable efforts to implement the project in compliance with the following estimated implementation schedule, or earlier: (Insert Date) B. ESTIMATED BUDGET: SUBRECIPIENT shall make all good faith and reasonable effort:; to complete the work under this Contract within the following estimated budget. In no case shall SUBRECIPIENT be entitled to, nor shall City reimburse SUBRECIPIENT, for more than S for work performed under this Contract. . Insert Activities ADDITIONAL REPORTING REQUIREMENTS (if applicable): In addition to the required quarterly reports identified in Section 12 of this CONTRACT, the Subrecipient shall document all clients served to ensure that at least 51 percent of those served are at or below 80 percent of the Area Median Income as established by the U.S. Department of Housing and Urban Development (HUD), This information is to be collected and compiled at the end of the each City of Chula Vista fiscal year (June 30th) for five (5) years, and shall be submitted to the City of Chula Vista Community Development Department upon receipt of a written request and at the time of any monitoring of project records. Attachment C is a sample fonn to assist the Subrecipient in meeting this reporting requirement. 13 4-18 ~ff? ~ ~- - ATTACHMENT B #1 INSURANCE REQUIREMENTS FOR CONTRACTORS cm OF CHUlA VISTA Contractor 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 Contractor, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement or work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurauce 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, code1 (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: 1. General Liability: (Including operations, products and completed operations, as applicable.) 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: $1,000,000 per occurrence for bodily injury, personal injury 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. 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 Contractor will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 14 4-19 Other Insurance Provisions The generalliabiJity, automobile !iabiJity, 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 contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the contractor 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 coverage. 2. The contractor's 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. Contractor'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. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a cu"ent 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 Coverage Contractor 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 confonn 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 Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors are subject to all of the requirements included in these specifications. 15 4-20 ATTACHMENT C HUD INCOME LIMITS 2006-CITY OF CHULA VISTA Family Low In<::ome Very LowlncolJ1e Size (80% of AMI} 0<'(50% of AMI) 2 3 4 5 6 7 8 $ 38,650,00 $ 44,150,00 49,700,00 $ 55,200.00 59,600.00 $ 64,050.00 68,450.00 $ 72,850.00 $ 24,150.00 $ 27,600.00 $ 31,050.00 $ 34,500.00 $ 37,250.00 40,000.00 42,800.00 $ 45,550.00 16 $ 14,500,00 $ 16,550.00 18,650.00 20,700.00 22,350.00 $ 24,000.00 25,650.00 27,300.00 4-21 ATTACHMENT C (Continued) CDBG FUNDED PROJECTS QUALIFYING ON THE BASIS OF LIMITED CLIENTELE ~ffc.. -r-- --- - - CI1Y Of CHUIA VISTA Your cooperation in filling out this form is requested. Record keeping on income of participants in the program is a condition of receipt of federal funds for the program. The information provided on this form will remain confidential but may be subjected to verification ,-,y responsible IOCOI onu Ie.uclui ugencies. -Self-idenTlflcoTion uT fuce and ethniciTY is YoiunTory. ]. What is the total number of persons in your household? 2. What is the total combined annual income ot all members of your housellolcl? (Please check one line below.) _Below $38,650 _$59,601-$64,050 _$38,651-$44,150 _$64,051-$68.450 _$44,151-$49.700 _$68.451-$72.850 _$49.701-$55.200 _Over $72.851 _$55,201-$59,600 (NOTE: The above information is for 2006 and changes each calendar year. To obtain updated information go to www.hud.aov and search for income limits for the San Diego area.) 3. Please check the box below that best describes your familv. RACE CATEGORIES HISPANIC ETHNICITY Check One Race Category Only Check Only If Also Hispanic White Black/ African American Asian American Indian/Alaska Native Native Hawaiian/ Other Pacific Islander Multi-Racial: American Indian/Alaska Native AND White Asian AND White Asian AND Pacific Islander Black/African American AND White American Indian/Alaska Native AND Black/African American Other Multi-Racial Name: (Print) Household Address: Telephone Number. 17 4-22 Signature: Note: Name, address, telephone and signature are optional. An unique identifier may be used to trace client served to meet CDBG limited clientele requirement. ~!~ :::--.e; - em OF CHULA VISTA Community Development Department Housing ATTACHMENT D Disclosure statement Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of The Uly, 0 statement of disclosure or certolr, ownership of tinanClollrlt"'lesTs, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persolls having a financial illterest in the project that is the subject of the application or the contract. e.g., owner. applicant, contractor, subcontractar, material supplier. 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity, 3, If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 18 4-23 ~f~ --- -~ ~ O1YQF CHULA VISTA Community Development Department Housinq ATTACHMENT D Disclosure statement -Page 2 5. Has any person' associated with this contract had any financial dealings with an official'* of the City of Chula Vista os it relates to this contract within the post 12 months? Yes_ No_ If Yes. briefly describe the nature of the financial interest the official" may hove in this contract. 6. Have you made a contribution of more than $250 within the past twelve [12) months to a current member of the Chula Vista City Council? No_ Yes_If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent) to an officio'" of the City of Chula Vista in the past twelve [12) months? (This includes being a source of income, money to retire a legal debt, gift, loan. etc.) Yes No_ If Yes. which officia'" and what was the nature of item provided? Date: Signature of Contractor/Applicant 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. 19 4-24 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Z;4UL ~ I/uU Ann Mo City Attorney Dated: July 26, 2006 Contract for Management and Implementation of an Emergency Shelter Grant Project 4-25 Attachment 2 ~!f? ~-= ~ CTlYOF CHUIA VISfA CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF AN EMERGENCY SHELTER GRANT PROJECT (Insert Name of Organization) This Contract is entered into by and between (Insert Name of Organization) Contractor) and the City of Chula Vista (City) on , 2006. WIT N E SSE T H: WHEREAS, there has been enacted the Emergency Shelter Grants (ESG) Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (the "Act", 42 USe. 11361, et seq.). The ESG Program authorizes the Secretary, U.S. Department of Housing and Urban Development (HUD), to make grants to States, units of general local government, territories, and Indian Tribes for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless; for payment of certain operating expenses and essential services in connection with emergency shelters for the homeless; and for homeless prevention activities; and WHEREAS, City of Chula Vista is authorized to apply for and accept ESG funds and assist in the undertaking of essential ESG activities; and WHEREAS, City incorporated the Contractor's proposal for the project described in Attachment "A" hereof (the "Project") into the City's Community Development Block GrantlHOME Investment Partnership/Emergency Shelter Grant Annual Funding Plan which was submitted to HUD; and WHEREAS, Chula Vista City Council approved the Project on April 4, 2006 and HUD has approved the City Annual Funding Plan (AFP) for the ESG funds. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. WORK TO BE PERFORMED; Contractor shall implement the Project described in Attachment "A" hereof (the "Scope of Work") fully in accordance with the terms of the AFP approved by the City and submitted to HUD in application for funds to corry out the Project and the certifications which were submitted concurrently with the AFP ("Certifications"). The AFP and Certifications form is hereby incorporated by reference into this Contract fully as if set forth herein. Contractor shall also undertake the same obligations to the City that the City has undertaken to HUD pursuant to said AFP and Certifications. Contractor's obligations include, but are not limited to, compliance with the current and most up-to-date version of each of the following: 1 4-26 (a) The ESG Program contained in subtitle B of Title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361, et seq.) as amended; (b) HUD regulations relating to ESG Program (24 CFR Part 576); (c) HUD regulations relating to environmental review procedures for the ESG Program (24 CFR 576.57, subd. (e)); (d) Title VI of the Civil Rights Act of 1964 (42 USC ~ 2000d); Title VII of the Civil Rights Act of 1968 (Public Law 88-352); Title VIII of the Civil Rights Act of 1968 (Fair Housing Act, 42 USC ~ 3601. et seq.); ~ 109 of the Housing and Community Development Act of 1974; Executive Orders 11246 (equal employment opportunity) and 11063 (non-discrimination), as amended by Executive Order 12259; and any HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights; (e) Section 3 of the Housing and Community Development Act of 1974, includes: (1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701 u). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining contract or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 2 4-27 (4) Contractor shall include the section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and shall take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. Contractor will not subcontroct with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. (5) Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent Contractor's obligations under 24 CFR part 135. (6) Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.c. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). (f) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 USC ~ 4601, and implementing regulations at 49 CFR Part 24; (g) Office of Management and Budget Circular A-122 entitled "Cost Principles for Non-Profit Organizations"; Office of Management and Budget Circular A-133 entitled "Audits of States, Local Governments, and Non-Profit Organizations" and with Office of Management and Budget Circular A-110 entitled "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations."; (h) 24 CFR 576.51, which requires each grantee to match the funding provided by HUD as set forth in 42 U.S.c. 11375; 3 4-28 (i) 24 CFR 576.53 concerning use of community facilities as an emergency shelter; (j) The following laws and regulations relating to preservation of historic places: National Historic Preservation Act of 1966 (Public Law 89-665); the Archeological and Historical Preservation Act of 1974 (Public Law 93-291 ); and Executive Order 11593; (k) The Labor Standards Regulations set forth in 24 CFR 570.603; (I) The Architectural Barriers Act of 1968 (42 U.S.C. ~ 4151, et seq.); (m) The Hatch Act relating to the conduct of politica! activities (Chapter 15 of Title 5. U.s.C.); (n) The Flood Disaster Protection Act of 1974 (42 USC ~ 4106 and the implementing regulations in 44 CFR parts 59 through 79; (0) The Rehabilitation Act of 1973 (Public Law 93-112) as amended, including Section 504 which relates to nondiscrimination in federal programs and HUD regulations set forth in 24 CFR Part 8. (p) The Clean Air Act (42 U.s.e. ~ 7401, et seq.) and the Federal Water Pollution Control Act, as amended (33 u.s.e. ~ 1251, et seq.) and the regulations adopted pursuant thereto (40 CFR, Part 6); (q) The Drug-Free Workplace Act of 1988 (Public Law 100-690); (r) Contractor will adopt a policy consistent with Board of Supervisors' Policy B-39a, "Disabled Veterans Business Enterprise Program", in order to insure that every effort is made to provide equal opportunity to every disabled veteran business vendor, contractor and subcontractor; (s) No member, officer or employee of the Contractor, or its designee or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct, or indirect, in any contract or subcontract, or the process thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this certification; (t) Contractor certifies, that in accordance with Section 319 of Public Law 101-121, to the best of his or her knowledge and belief that: 4 4-29 (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative contract. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan. or cooperative contract, the undersigned shall complete and submit Standard Form-LLL. "Disclosure Form to Rep()rt Lobbying", In accordance with its instructions, 2. COMPLIANCE WITH LAWS: Contractor shall comply with all applicable federal. state, and local laws, regulations, and ordinances when doing the work required by this Contract, 3. COMPENSATION: City shall reimburse Contractor for the costs it incurs for work performed under this Contract not to exceed a maximum reimbursement of S Contractor shall not submit claims to the City nor shall City reimburse Contractor for costs for which Contractor is reimbursed from a source other than the funds allocated for work under this Contract. 4. COMPENSATION SCHEDULE: City shall pay Contractor monthly progress payments upon certification and submittal by Contractor of a statement of actual expenditures incurred, provided, however, that not more than 90% of the total agreed compensation will be paid during the performance of this Contract. The balance due shall be paid upon certification by Contractor that all of the required services have been completed. Payment by City is not to be construed as final in the event HUD disallows reimbursement for the project or any portion thereof. The 10% retention will not apply to acquisition or service contracts. 5. EXPENDITURE STANDARD: In order to insure effective administration and performance of approved ESG Projects and to meet HUD performance standards, Contractor agrees that it shall expedite implementation of the Project described herein. 6. TERM: This Contract shall commence when executed by the parties and shall continue in effect until terminated as provided herein. 5 4-30 7. TERMINATION FOR CONVENIENCE: This Contract may be terminated by either party after thirty (30) days' written notice of intent to terminate has been given to the other party. However. no notice of termination given by Contractor shall be effective unless HUD has agreed to release City from its obligations pursuant to the Project. 8. AUTOMATIC TERMINATION: This Contract shall terminate at the discretion of the City if the United States Government terminates the ESG Program or the Project. 9 . TERMINATION OF CONTRACT FOR CAUSE: Contractor and City recognize that the City is the governmental entity which executed the grant agreement received pursuant to the City's application and that City is responsible for the proper performance of the Project. If Contractor fails to fulfill in a timely and proper manner its obligations under this contract to undertake. conduct or perform the Project identified in this Contract. or if Contractor violates any state laws or regulations or local ordinances or regulations applicable to implementation of the Project. or if Contractor violates any provisions of this contract. City sholl have the right to terminate this contract by giving at least five days written notice to Contractcl of the effective date of termination. Even if City terminates the Agreement. Contractor sholl remain liable to City for all damages sustained by City due to Contractor's failure to fulfill any provisions of this Contract. and City may withhold any reimbursement payments from Contractor for the purpose of set-off until the exact amount of damages due to City from Contractor is determined. Contractor hereby expressly waives any and all claims for damages for compensation arising under this contract except as set forth in this section in the event of such termination. 10. CONTRACT ADMINISTRATION: The City Manager. sholl administer this Contract on behalf of the City. The Executive Director. South Bay Community Services, shall administer this contract on behalf of the Contractor. Within a reasonable time after the City makes a request. Contractor shall give the City progress reports or other documentation as required by the City's Contract Administrator to audit Contractor's performance of this Contract. 11. RECORDS AND REPORTS: The Contractor shall maintain records and make such reports as required by the City Manager to enable the City to analyze Contractor's project. All records of the Contractor related to this Contract or work performed under this Contract shall be open and available for inspection by HUD and/or City auditors during normal business hours. Records shall be maintained for a period of at least four (4) years after the end of the grant term. 12. QUARTERLY REPORTS/CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER): Contractor shall provide the City with a quarterly report, submitted no later than fifteen (15) days after the last day of the previous quarter, which includes a narrative of the services provided, progress towards meeting the timeline goals stated in the contract, and an itemized accounting of the expenditures of ESG funds during the previous quarter, and number of unduplicated clients served. In addition, Contractor will submit an annual CAPER report. Failure to submit quarterly reports and CAPER report in a timely manner will result in withholding of ESG funds until the report has been submitted. 6 4-31 Quarterly Report due dates are: October 16, January 15 , April 16, July 15. CAPER due date is July 15, 2006 13. INDEMNIFICATION: City shall not be liable for, and Contractor shall defend and indemnify City and its officers, agents, employees and volunteers, against any and 011 claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected with the work covered by this Contract arising either directly or indirectly from any oct, error, omission or negligence of Contractor or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent u =.t, err"Of, crnisjion or negligsnc8, 'vvhethet ucti'/E: cc p(J~~i\;e, '':::T Cit,;..', o;-IU/Gi" its agents, officel's, employees or volunteers. However, Contractor sholl hove no obligation to defend or in:j&rr"lnif,- Cit!' fr0rn c Cloir-n if it is (:!eterrnined by' C1 c',:>Jtt c:f cc.n-Ipetent j'~'(iscjic ti,,:);'-I that such Claim was caused by the sole negligence or willful misconduct of City or its agents or employees. Contractor and its successors, assigns, and guarantors, if any, jointly and severally agree to indemnify, defend (with counsel selected by City), reimburse, and hold City and its officers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, costs, liabilities (including sums paid in settlement of claims), or loss, including attorneys' fees, consultants' fees, and experts' fees which arise during or after the contract term for any losses incurred in connection with investigation of site conditions, or any cleanup, remedial, removal or restoration work required by any hazardous materials laws because of the presence of hazardous materials, in the soil, ground water or soil vapors on the premises (hereinafter, "Premises"), and the release or discharge of hazardous materials by Contractor during the course of any alteration or improvements of the Premises of Contractor, unless hazardous materials are present solely as a result of the gross negligence or willful misconduct of City, its officers, employees, or agents. The indemnification provided by this section shall also specifically cover costs incurred in responding to: (a) Hazardous materials present or suspected to be present in the soil, ground water to or under the Property before the Commencement date; (b) Hazardous materials that migrate, flow, percolate, diffuse, or in any way move on to or under the Property following the Commencement Date; or (c) Hazardous materials present on or under the Property as a result of any discharge, release, dumping, spilling (accidental or otherwise), onto the Property during or after the Term of this contract by any person, corporation, partnership or entity other than City. 7 4-32 The foregoing environmental indemnities shall survive the expiration or termination of the Contract, any or any transfer of all or any portion of the Premises, or of any interest in this Contract, and shall be governed by the laws of the State of California. 14. AUDIT COSTS: Contractor shall reimburse City for all costs incurred to investigate and audit Contractor's performance of its duties under the Contract if Contractor is subsequently found to have violated the terms of the Contract. Reimbursement shall include all direct and indirect expenditures incurred to conduct the investigation or audit. City may deduct all such costs from any amount due Contractor under this Contract. 15. PRECEDENCE: This Contract constitutes the entire agreement of the parties and supersedes any previous oral or written understandings or contracts related to the matters covered herein. This Contract may not be modified except by written amendment executed LJy' cC1ci-, po(i'y'. ~,~ i.]('")TiCE. .A.ny' :-Ic,tll:e or rlc,hces rf-~':iuirsc! O~ FJS: :-nitteci k:, ~,-= g: :81-, :):_.1 >_J'::"r-!t ~,~, Contract shall be personally served by the party giving notice or sholl be selved by certified mail. Notices shall be sufficient if personally served on or if sent by certified mail, postage prepaid, addressed to: 8 4-33 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CITY OF CHULA VISTA Jim Thomson Acting City Manager, City of Chula Vista APPROVED AS TO FORM ;:::.d-li"i t" '\(""":'11 c- City Attorney ATTEST City Clerk (Insert Name of Organization) (Insert), EXECUTIVE DIRECTOR 9 4-34 ATTACHMENT A SCOPE OF WORK (INSERT NAME OF PROJECT AND ORGANIZATION The Contractor shall provide services to the homeless in accordance with City of Chula Vista '5 approved application to the U.S. Department of Housing and Urban Development (HUD) for Community Development Block Grant and Emergency Shelter Grant Funding. ESG funds will be used for short term transitional housing for low income homeless families (with children), most of whom are victims of domestic violence. In addition to housing, families, together with SBCS staff, develop a treatment plan so that the client can work to re- establish self-sufficiency and end their homelessness. A. SERViCES: (INSERT SERVICES) Objective 1. (INSERT OBJECTIVES) Objective 2. (INSERT OBJECTIVES) B. DOCUMENTATION OF HOMELESSNESS Maintain adequate documentation of homelessness status to determine the eligibility of persons served by HUD's homeless assistance programs. The documentation shall be obtained by the participant or a third party at the time of the referral, entry, intake, or orientation to the ESG-funded project. A copy of the documentation shall be maintained in the client file. A person is considered homeless only when he/she resides in one of the places described below: · In places not meant for human habilitation, such as cars, parks, sidewalks, abandoned buildings, on the street; . In an emergency shelter; · In transitional or supportive housing for homeless person who originally came from the streets or emergency shelters; · In any of the above places but is spending a short time (up to 30 consecutive days) in a hospital or other institution; · Is being evicted within a week from a private dwelling unit and no subsequent residence has been identified and the person lacks the resources and support networks need to obtain housing or their housing has been condemned by housing officials and is no longer considered meant for human habilitation; . Is being discharged within a week from an institution in which the person has been a 10 4-35 resident for more than 30 consecutive days and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing; or · Is fleeing a domestic violence housing situation and no subsequent residence has been identified and the person lacks the resources and support networks needed to obtain housing. C: ESTIMATED BUDGET: Contractor will make all good faith and reasonable efforts to complete the work under this Contract within the following estimated budget. In no case shall Contractor be entitled to, or shall funds be reimbursed in excess of, the total compensation described in Paragraph NO.3 (COMPENSATION SECTION) of this Contract. Essential Services Costs (24 CFR 576.3): {Inss'd l,(. ti'iitie~; Total Essential Services: Operational Costs (24 CFR 576.21 (0)(3): Salaries Maintenance Benefits and Taxes (Maint. Staff) Salaries Residential Staff Benefits and Taxes (Res. Staff) Insurance Office and Consumable Supplies Telephone and Utilities Repairs and Maintenance Postage and Printing Food Security Motel Vouchers Total Operations $ TOTAL 2006-2007: $82,644 11 4-36 D. CONFIDENTIALITY Contractor agrees to maintain confidentiality of any information regarding applicants, project participants or their families, which may be obtained through application forms, interviews, tests, reports, or any other source. However, it is agreed that the Contractor or Contractor's agency may release information or provide access to applicants, project participants, or their families to their own respective records in the following circumstances: 1) a release of information or other written consent is obtained from the applicant or project participant; and 2) the information is only provided to the City of Chula Vista or other appropriate service providers where said provider was the referral agent to the program. Such information shall be divulged for purposes related to the best interest of the participant, the audit. and evaluation of the Contract, and then only to persons having responsibilities under the Contract. The federal regulation at 24 CFR 576.56 (a)(2) describes this requirement. 12 4-37 ATTACHMENTB #1 INSURANCE REQUIREMENTS FOR CONTRACTORS cm OF CHUlA VISTA Contractor 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 Contractor, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement or 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 Numoer CA O()01 covellng Automobile Llaolilty. cOde1 idny aU!(.J1 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: 1. General Liability: (Including operations, products and completed operations, as applicable.) 2. Automobile Liability: 3. Workers' Compensation Employers Liability: $1,000,000 per occurrence for bodily injury, personal injury 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. 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 Contractor 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: 13 4-38 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 contractor, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the contractor 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 coverage. 2. The contractor's 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 b8 canceled by either pany, except arrer thirty (Jl) days pr;or Wi-relet: n:)dC'& :.\:, [jl,~ ':.;11./ Uy 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. Contractor'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. 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 Coverage Contractor 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 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 Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and endorsemer for each subcontractor. All coverage for subcontractors are subject to all of the requirements included in the specifications. 14 4-39 ATTACHMENT C HUD INCOME LIMITS 200~CITY OF CHULA VISTA 38,650.00 24,150.00 14,500.00 'L ! ,p i..:j, 150.!JO I <\", 2;-,6IJO (I() " 16,j.):_': Ui_i 3 49,700.00 31,050.00 18,650.00 4 55,200.00 $ $ 37,250.00 22,350.00 34,500.00 20,700.00 5 59,600.00 6 64,050.00 40,000.00 24,000.00 7 68,450.00 42,800.00 25,650.00 8 72,850.00 45,550.00 $ 27,300.00 15 4-40 ATTACHMENT C (Continued) ESG FUNDED PROJECTS INCOME VERIFICATION ~!!?- --r- -- 01Y Of CHUIA VISTA Your cooperation in filling out this form is requested. Record keeping on income of participants in the program is a condition of receipt of federal funds for the program. The information provided on this form will remc confidential but may be subjected to verification by responsible local and federal agencies. Self-identification of rat and ethnicity is voluntary. 1. What is the total number of persons in your household? 2. What is the total combined annual income of all members of your household? (Please check one line below.) _Below $38,650 _$59,601-$64,050 _$38.651-$44,150 _$64.051-$68,450 _$44151-$49.700____$68451-$72850 "'i~: i -~,55,LOO _______.<_i"'8i ~!2,t5; _$55,201-$59.600 (NOTE: The above information is for 2006 and changes each calendar year. To obtain updated information go to www.hud.aov and search for income limits for the San Diego area.) 3. Please check the box below that best describes vour familv. RACE CATEGORIES HISPANIC ETHNICITY Check One Race Category Only Check Only If Also Hispanic White Black/African American Asian American Indian/Alaska Native Native Hawaiian/ Other Pacific Islander Multi-Racial: American Indian/Alaska Native AND White Asian AND White Asian AND Pacific Islander Black/African American AND White American Indian/Alaska Native AND Black/African American Other Multi-Racial Nome: (Print) Household Address: Telephone Number: Signoture: Note: Name, address, telephone and signature are optional. An unique identifier may be used to trace client served to meet ESG income requirement. 16 4-41 ~-_. ~If?. -r- '::::~ CllYQF CHUIA VISTA Community Development Department Housing ATTACHMENT D Disclosure statement Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g., owner, applicant, contractor, subcontractor, material supplier. ----~----_._- -..- ----,.--~_._ ____.___._u_ 2. If any person* identified pursuant to (1) aboves a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1) above is a nonprofit organization or trust, list the names of any person serving as director of the nonprofit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to repreent you before the City in this matter. 17 4-42 ~Itc- --- - CIlYQf GIULA VISTA Community Development Department Housing ATTACHMENT D Disclosure statement-Page 2 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No_ If \/~r. brief!'/ d'S'sc:ribe th~ nCJtl.1fS OF tl-,e f!n:~Wi(::-iCi! intS"r~st thp ,:,!:f:,:i,~{~'" iT,:]" ,....",. -- ;r: t~-I:: C8nil-OC~. 6. Have you made a contribution of more than $250 within !he past twelve (12) months to a current member of the Chula Vista City Council? No_ Yes_If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent) to an official" of the City of Chula Vista in the past twelve (12) mrnths? (This includes being a source of income, money to retire a legal debt, gift. loan, etc.) Yes No_ If Yes, which official" and what was the nature of item provided? Date: Signature of Contractor! Applicant 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 Cit, employee, or staff members. 18 4-43 ATTACHMENT 3 SUBRECIPIENT DISCLOSURE FORMS ., 4-44 ~!~ -r- -~ ---- Q1Y OF 0iU1A VISTA Community Development Department Reoional Task Force on the Homeless 2006/07 Housing Regional Task Force an the Homeless Disclosure Statement Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary action by the Council. Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g., owner, applicant. con actor, subcontractor, material supplier. 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. AI/A 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. NJA 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. :i",kY\ Ihdb'\:- E,{u....+~v'o1- ~~4.J."r 4-45 ~\!~ -r- - - - C1Y OF CHUIA VISIA ReqionaJ Task Force on the Homeless 2006/07 Regional Task Force on the Homeless Community Development Department Housinq Disclosure Statement -Page 2 5. Has any person' associated with this contract had any financial dealings with an officio!" of the City of Chuj,a Vista as it relates to this contract within the past 12 months? Yes_ NoL If Yes, briefly describe the nature of the financial interest the official" may have in this contract. IV/It . 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? NoXYes_lf yes, which Council member? f(A _ 7. Have you provided more than $340 (or an item of equivalent) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan. etc.) Yes NoL.. If Ye; which officio'" and what was the nature of item provided? ~A ~~ Signature of tractor/Applicant Date:'"? -{p- {)&::, f2.~t4.r'-\ :k!,.,..s.f-....... 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. 4-46 ~!~ ~ - OJ\' aE CHU.A VISIA Community Development Deportment Veterans Rehab Unit Equipment 2006/07 ATTAC:~~ Chula Vista Veteran's Home Support Foundation DIsclosure Statement Pursuant to Council P06cy 1 COHn, prior to any action upon matters that win require discretionary action by the Council. Planning Commission and all other official bodies of the Ci1y, a statement of disclosure of certain ownership of financial interests. payments. or campaign con1ribu1ions for a CiIy of Chula Vista election must be filed. The following information must be disclosed: 1. list the names of all persons having a financial interest in the project that is the subject of the app6cation or the contract. e.g., owner. app6cant contractor, subcontractor. material suppler. if IPr- 2. If any person" identified pursuant to (1) above is a corporation or partnership, rlSt the names of all individuals with a $2000 investment in the business (corporation/partnership) enti1y. rJ' JIt- 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. fJ/At- 4. Please identify every person, including any agents. employees. consultants, or independent contractors you have assigned to represent you before the CiIy in this matter. J? IJl..b>t "t) , ' I... )~ L\ tT t '~1AJ- tL- ~~ 4-47 ~!~ .. 00l~ Veterans Rehab Unit Equipment 2006/07 Chula Vista Veteran's Home Support Foundation Disclosure Statement -Page 2 Community Development Department Housina ATTACHMENT D 5. Has any person* associated with this contract had any financial dea6ngs with an official.* of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No_ If Yes, briefly describe the nature of the financial interest the official- may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No_ Yes_If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent) to an official'. of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No_ If Yes, which official.. and what was the nature of item provided? Date: 7,/{ ,,/? co/ ~d&' Signature Contractor! Applicant AkL!2 '/ >>. ,k; );;:- 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 6mited to: Mayor, Council member, Planning Commissioner, Member of a board. commission, or committee of the City, employee, or staff members. 4-48 - -- .. ~ff.? -r- -=;:--- 0lY OF OiULA Y1STA Kinship Support Services YMCA pf San Diego County Community Development Department Housing 2006/07 ATTACHMENT D Disclosure Statement Pursuant to Council Policy 1001-0 I, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, . or campaign cantributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g.. owner, applicant, contractor, subcontractor, material supplier. - ,.u OAJ (;; 2. If any person- identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. / J.J!A 3. If any person- identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serying as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. ,J/A 4. Please identify' every person, including any agents. employees. consultonts, or independent contractors you have assigned to represent you before the City in this matter. )J otJ~ 4-49 ~\{ft.. - - --- - Kinship Support Services YMCA of San Diego County 2006/07 01Y Of . CHU1A VISTA Community Development Department Housinq ATTACHMENT D Disclosure Statement -Page 2 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chu~ista as it relates to this contract within the past 12 months? Yes_ No_ . ~ If Yes. briefly describe the nature of the financial interest the officio'" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) manths to a current member of the Chula Vista City Council? No~es_lf yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a sourc~f 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: 1f,+f,b I ~ e -. -et2-~- Contractor/Applicant Signature of Contractor/Applicant ;r.\~~A-~O ,4 r~/f{2I Print or type name of . . Person is defined as: any individual. finm, 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, 4-50 ~!0- ~ arrOlF OUA \I1SlA Various Proiects South Bay Community Services Community Development Department Housing ATTACHMENT D 2006/07 Disclosure statement Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary action by the Council. Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following infomnation must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g., owner, applicant, contractor, subcontractor, material supplier. '" Ie..- 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/Partnership) entity. \) 1 c...- 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." --- - 0,r ('- 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. ' () [C-- 4-51 ~r~ ~ atY OF 0iUA V/SJ)\ Various Projects South Bay Community Services 2006/07 Community Development Department Housing AITACHMENT D Disclosure Statement -Page 2 5. Has any person. associated with this contract had any financial dealings with an official*. of th~ City of Chula Vista as it relates to this contract within the past 12 months? Yes_ NoL if Yes, briefly describe the nature of the financial interest the official.. may have in this contract . 6. Have you made a contribution of more than $250 within Jhe past tweive (12) months to a current member of the Chula Vista City Council? NoL Yes_If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent) to an official.. of the City of Chula Vista in the past twelve (12) months? [This includes Qeing a source of income, money to retire a legal debt. gift, loan, etc.) Yes No~ If Yes, which official.. and what was-t~ nature of item provided? Date: 7- /,} "/J 0 ~) " Si~at /. of Contractor/Applicant / ,Ir~r...... ~ \-< -"",,,'c--<-, Print or type na e of Contractor/Applicant . Person is defined as: any Individual, firm, co-partnership, joint venture, association, social club, fratemal 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, Councii member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 4-52 ~I~ --- <J1YOF CHlIIA VISiA Child Care Coordinator 2006/07 Chula Vista Community Collaborative Community Development Department Housina ATTACHMENT D Disclosure Statement Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary action by the Council. Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments. or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1 . list the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g.. owner. applicant, contractor, subcontractor. material supplier. ~ 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. tv I~ 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:LJ-A . 4. Please identify every person. including any agents. employees. consultants. or independent contractors you have assigned to represent you before the City in~r Aatter. 4-53 Child Care Coordinator 2006/07 Chula Vista Community Collaborative Community Development Department Housinq ATTACHMENT D Disclosure statement -Page 2 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula VISta as it relates to this contract within the past 12 months? Yes_ No_ ~~ If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past 01ve (12) months to a current member of the Chula Vista City Council? No Yes_If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a sOje 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:1f-1+t\ 1r- ~~~~ Signat of Contractor/Applicant 11 (\'('1 J ~ 13 \\:l'jt\ 'A ~ y- Print or pe name of Contractor/Applicant , . Person is deflned as: any individual. ftrm, co-partnership. joint venture. association, social club, fratemal organization. corporation. estate, trust, receiver. syndicate, any of her 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. 4-54 ~r~ -r- 01Y Of OiUIA VISIA Meals-{)n-Wheels Chula VISta Public Service Community Development Department Housing ATTACHMENT D 2006/07 Disclosure statement Pursuant to Council POlicy J001-01, prior to any action upon matters that will require discretionary action by the Council. Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. Ust the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person' identified pursuant to (1) above is a corporation or partnership, list thenames of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person' identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including ony agents, employees. consultants, or independent contractors you have assigned to represent you before the City in this ma. t1-eL A.r.. ,j .). _ L 'Dr .Td...i'VJ'? .b\"~<,6Y1 ~ v~1.JUI::.S (~r,1 flus,^MOJ'\ MMIG.'''- Mu\'I1 4-55 ~ff/. ~r~ Meals-on-Wheels Chula Vista Public Service 2006/07 CllYOf 0iUIA VISTA Community Development Department HousinQ ATTACHMENT D Disclosure statement -Page 2 5. Has any person" associated with this contract had any financial dealings with an official"" of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No+- If Yes. briefly describe the nature of the financial interest the official." may have in this contract. . 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No~ Yes_If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent) to an official." of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt. gift, loan, etc.) Yes No--$..- If Yes, which official"" and what was the nature of item provided? Date:~ Contractor/Applicant of Contractor/Applicant 1)( .1D-1N.-'? A .~h.r\501\ Print or type name of " 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 boar~""s:6>mmission, or committee of the City, employee, or staff members. 4-57 ~f~ -.0-- , - 01Y Of 0iUIA VISTA Liqhtinq and Survellance Equipment Boys and Girls Club of Chula Vista Community Development Department Housing ATTACHMENT D 2006/07 Disclosure Statement Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed, The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g., owner, applicant, co t ctor, subco tractor, material supplier. i' '1M 2. If any person' identifie rsuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (c r ration/partnership) entity. I 3. If any person' identifi pursuant to (1) above is a non-proflt organization or trust list the names of any person sel'V'ing as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. '- ~- tf/ft4c.J.Je1 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. ,~nJ 1)' CI/~- 4-58 ~{ft. -n- ~ C1Y OF OllIIA V\SIj\ Liqhtinq and Survellance Equipment 2006/07 Boys and Girls Club of Chuia Vista Disclosure 'Statement -Page 2 Community Development Department Housinq ATTACHMENT D 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Ch~ it relates to this contract within the past 12 months? Yes_ No_ If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the months to a current member of the Chula Vista City Coun II. yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent) to an official" of the City of Chula Vista in the past twelve (12) months? (Th./s includes being a source ~me, money to retire a legal debt, gift, loan, etc.) Yes No~ If Yes, which official" and what was the nature of item provided? Date: ,.. Contra ctor / Applica nt l Print or type name of , 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, 4-59 BOYS & GJRLS CLUB OF CHULA VISTA Board of Directors FY 2006-2007 John Aho Gary Bell Cathy Casillas-Jamieson Lynn France Linda DeSantis Mike Gailband Jim Geering J.J. Hogan Rick King John McCann Mark Marchand Joe Mendoza Charles Moore Emerald Randolph Bruce Rothschild Gary Wedge Brett Davis Mike Murphy Jane Hieronimus 4-60 ~!~ - <:II\' .. CHLIA \IISI'A Disclosure Statement Kid Care Express Mobile Unit III Family Health Centers of San Diego Community Development Department Housin9 ATTACHMENT D 2006/07 Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary action by the Council. Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names af all persons having a financial interest in the project that is the subject of the application or the contract. e.g" owner, applicant, contractor, subcontractor, material supplier. No~ 2. -If any person- identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. N/-A 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 benefidary or trustor of the tnus!. NlA 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. N"""j~~- Wcvl/lS 1of1J rh. /05 ~S 4-61 -. ~!~ i'IH ....'" 0iUA VISTA Kid Care Express Mobile Unit III Family Health Centers of San Diego 2006/07 Disclosure Statement -Page 2 Community Development Department Housinq ATTACHMENT D 5. Has any person" associated with this contract had any financial dealings with an officia'." of the City of Chul9 Vista as it relates to this contract within the past 12 months? Yes_ No....iL... If Yes, briefly describe the nature of the financial interest the official"" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? NoL Yes_If yes, which Councii member? 7, Have yoo provided more than $340 (or an item of equivalent) to an official"" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt. gift, loan; -etc.) Yes NOL ' If Yes, which official". and what was th;> ure of item provided? Date: 7/Drj'/Ob 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. 4-62 ~r~ - ClTtI' OI.JIA VISTA Community Develooment Department South Bav A~ult Dav.Care Center 2006/07 ATTAC~~~~~ Adult Protective Services, Inc. Disclosure Statement Pursuant to Council POlicy 1001-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g.. owner, applicant, contractor, subcontractor, matenal supplier. Adult Proteetive Serviees, Ine. City of Chula Vista SANDAG 2. If any person" identified pursuant to (I ) above is 0 corporation or partnership, list the names of ali individuals with a $2000 investment in the business (corporation/partnership) entity. None 3. If any person" identified pursuant to (1) above is 0 non-profit organization or trust, list the names of any person serying as director of the non-profit organizotion or as trustee or beneficiary or trustor of the trust. See Attaehed List 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. Malaehy J. Murphy Exeeutive Direetor , Janai Quintana Assistant Administrator 4-63 ~Ift.. ~ art OF QUA V1SiA South Bav Adult Dav Care Center Adult Protective Services, Inc. 2006/07 Community Development Department Housinq AlTACHMENT D Disclosure Statement -Page 2 5. Has any person' associated with this contract had any financial dealings with an officio'" of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No~ If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? NoL... Yes_If yes, which Council member? 7. Have-you provided 'more than $340 (or an item of equivalent) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No~ ' If Yes, which official" and what was the nature of item provided? Date: July 6. 2006 f Contractor/ pplicant ~.alachy J. Murphy Print or type name of Contractor / Applica nt , 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. 4-64 MEMBERS OF THE BOARD OF DIRECTORS OF ADUL:r PROTECTIVE SERVICES. me. 2840 ADAMS A VENUE. STE. 103 SAN DIEGO, CA 92116 (619) 283-5731 Joyce Rezin. President 2410 Alto Cerro Cirde San Diego, CA 92109 (858) 268-0975 Anita Harbert San Diego State UniversityiSchool of Socia! Work 5500 Campanile Drive San Diego, CA 92182-1119 (619) 594-6310 Dorothy Y onemilSu. Vice President 2431 Alio Cerro Cirde San Diego, CA 92109 (858) 273-3576 Deborah A. Hollingsworth 2410 Alto Cerro Circle San Diego, CA 92109 (858) 273-{j966 :'vI uriel E. Baze. Secretary PO Box 541 Rancho Santa Fe. CA 92067 (858) 756-3443 Fax: (858) 756-1994 Marie Hood 2834 Adams Avenue San Diego, CA 92116 (619) 281-8035 Susan La Flam. Treasurer San Diego Gas & Electric Company 8335 Century Park COUrt Room CP12D San Diego, CA 92123-1576 (858) 636-5788 Charlotte Lunger 1684 West Knapp Vista, CA 92083 (760) 941-8644 Charlene Angle 1221 Oro Street #15 EI Cajon, CA 92021 (619) 328-0234 Craig Orange 3309 Cadden Drive San Diego. CA 9211 7 (85~73-7458 Charles Bell. Ph.D. ] 0460 Brookhurst San Diego, CA 92126 (619) 262-2223 (Home) lVIonica Sanchez 6404 Tooley Street San Diego, CA 92114 (619) 266-2753 Louise Berry 1034 Calle Escarpa Drive Bonita, CA 91902 (619) 475-0696 Josie Torres 1427 Panorama Ridge Road Oceanside, CA 92Q56 (760) 630-1112 Larry Bonilla 1004 Plaza EscaJante Chula Vista, CA 91910-8135 (619) 850-9945 Cell Cathy Zappacosta, :l<larketing Advisor SDG&E 8335 Century Park Court, CP12F San Diego CA 92123-1569 (858) 654-8717 .' . :" :,'"d;. . '..r, . '^". . '. ~ <<<...~,; ~:-":. ..~.:..~.'}if~.'.!.;_._.:.....? j1t~>>~!~':<, '~'-'.'.-. .' .",~ .'.' .~..' - ..:....;;~.' . --. .' .~ , .. ... .. '.".:".,.-., P' . - ':~'~ -"::,..'-:, .. , .. - .,. ". .'. . :~. '.' .,.. ;.". .. 4,..65 . . . . ~, . " . ~!~ ~ C1Y OF CHUA VISTA Carino Neiohbor & Proiect Hand Lutheran Social Services 2006/07 Disclosure statement Community Development Department Housing ATTACHMENT D Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary action by the Council. Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project that is the subject of the application or the contract. e.g.. owner, applicant, contractor, subcontractor, material supplier. 4 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership] entity. I N/A . ~. 3. If any person" identified pursuant to (1] above is a non-profit organization or trust, list the names of any person serying as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. iliA 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. II fA 4-66 ~w?- ~ 01Y OF CHUIA VISTA Carino Neiohbor & Project Hand Lutheran Social Services 2006/07 Community Development Deportment HousinQ ATTACHMENT D Disclosure statement -Page 2 5. Has any person" associated with this contract had any financial dealings with an official". of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_ No..$,.. If Yes, briefly describe the nature of the financial interest the official"" may have in this cop tract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chuia Vista City Council? No-J(. Yes_If yes, which Co',)ncil member? 7. Have you provided more than $340 (or an item of equivaient) to an official""'- of the City of Chula Vista in the past twelve (12) months? (This includes being a so~e 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: 1.13 'Q~ ~~~ Signa ure f Contractor/Applicant L.1~L1l. S\....e:p. L. '1=0 Print 0 type name of ) Contractor/Applicant " Person is defined as: any individual. firm, co-partnership. joint venture, association. social club. fratemal 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. _ 4-67 ~I~ ~ ClYaF CH.JIA VISJjI, Fair Housinq & Tenant Education Fair Housing Council of San Diego Community Development Department Housing ATTACHMENT D 2006/07 Disclosure Statement Pursuant to Council Policy 1001-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the project thof is the subject of the application or the contract. e.!;)., owner. applicant, contractor, subcontractor, material supplier. N/-h;. 2. If any. person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. t.y k 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:PJofit organization or as trustee or beneficiary or trustor of the trust. Nj A 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. N/ f::;- 4-68 ~I~ ~ CllYCF 0iUA VISTA Fair Housina & Tenant Education 2006/07 Fair Housing Council of San Diego Community Development Department Hausina ATTACHMENT D Disclosure statement -Page 2 5. Has any person' associated with this contract had any financiai dealings with an official" of the City of C~ Vista as it relates to this contract within the past 12 months? Yes_ Na..p. If Yes, briefly describe the nature of the financial interest the officio'" may have in this contract. 6. Have you made a contribution of more than $250 within the past..!>"elve (12) months to a current member of the Chulo Vista City Council? No.p,.. Yes_If yes. which Council member? 7. Have you provided morelhan $340 (or an item of equivalent) to on official" of the City of Chula Vista in the past twelve (12) months? (This includes being a so~. of income, money to retire a legal debt. gift. loan, etc.) Yes No ' If Yes. which officia'" and what was the nature of item provided? Date:~0 f Contractor/Applicant k,..)o 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. 4-69 ~!ft. ~ ~ arr aF QUA VI5rA Various Proiects South Bay Community Services Community Development Department Housing ATTACHMENT D 2006/07 Disclosure Statement Pursuant to Council Policy 1001-01, priarto any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a sfatement of disclosure of certain ownership of financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a finonciallnterest in the project that is the subject of the application or the contract. e.g., owner, applicant, contractor, subcontractor, material supplier. <' Ie..- 2. If any person' identified pursuant to (1) above is 0 corporation or partnership, list the nomes of all individuals with a $2000 investment in the business [corporation/p9rtnership) entity. "IC- 3. If any person' identified pursuant to (1) obove 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 tnustor of th,nrus1. --- - "" Il'~ 4. Please identify every person, including any agents, employees, consultants, or independent contraqtors you have assigned to represent you before the City in this . matter. \) r c-- 4-70 ~{ft.. :b.b art ao 0-IUA't15Ii\ Various Proiects South Bay Community Services 2006/07 Community Development Department Housing AlTACHMENT D Disclosure Statement -Page 2 5. Has any person" associated with this contract had ony financial dealings with on official- of th~ City of Chulo Vista as it relates to this controct within the past 12 months? Yes_ NoL If Yes, briefly describe the nature of the financiol Interest the official" moy have in this contract. 6. Hove you mode 0 contribution of more than $250 within jhe past twelve (12) months to o current member of the Chulo Visto City Council? NoL Yes_ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivaient) to an official" of the City of Chula Vista in the past twelve (12) mOQths? (This includes t;!eirig a source of income, money to retire 0 legal debt. gift, loan, etc.) Yes NOL- If Yes, which officio I" and what was.-t~ nature of item provided? . ',t~/;t~O ~/?'.ri-c) /Siqhat~of Contractor/Applicant .I ....Ir~r:-...... ~ ~ rv--,'cY--, Print or type na e of Contractor/Applicant 7- /d tl0 Date: , " Person is defined as: any tndividuol, firm, co-partnership, joint venture, ossociation, sociai club, fratemal 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. 4-71 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE THE CO~TY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS AND AN EMERGENCY SHELTER GRANT (ESG) CONTRACT FOR FISCAL YEAR 2006-2007 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY GROUPS; AND THE GRANT AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, the City participates in the Community Development Block Grant and Emergency Shelter Grant (ESG) programs, a principal goal of which is to fund projects and services which will benefit low-income Chula Vista households; and WHEREAS, the City Council of the City of Chula Vista held a Public Hearing on February 21, 2006 to review and receive public comment on the draft Annual Plan for fiscal year 2006-07; and WHEREAS, on April 4, 2006 the City Council of the City of Chula Vista approved the CDBG, HOME and ESG final Annual Plan for fiscal year 2006-07; and WHEREAS, the City is desirous of having certain services for the benefit of low-income households performed by the subrecipients; and WHEREAS, the subrecipients warrant and represent that they are experienced and staffed in a manner such that they can prepare and deliver the services required by the City within the timerrame herein provided all in accordance with the terms and conditions of the contracts; and WHEREAS, in the event that HUD should withdraw the City's CDBG and ESG funding, the City is not obligated to compensate the subrecipients for program expenditures. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista hereby approves that: 1) The City Manager is authorized to execute the Community Development Block Grant (CDBG) contracts and an Emergency Shelter Grant contract for fiscal year 2006-2007 for the purpose and amount stated in Exhibit I and incorporated hereto on behalf of the City of Chula Vista. The City Manager is authorized to amend said contracts for minor budget adjustments or necessary programmatic changes to the Scope of Work; and 4-72 Resolution No. 2006 Page 2 2) The City Manager is authorized to execute the Fiscal Year 2006-2007 Community Development Block Grant ($2,042,661), HOME Investment Partnerships ($954,765 including the American Dream Downpayment Initiative) and Emergency Shelter Grant ($86,993) Agreements between the City of Chula Vista and the U.S. Department of Housing and Urban Development. The sample agreements from FY 05-06 are included as Exhibit 2. Presented by Approved as to form by Ann Hix Acting Director of Community Development ~~~ City Attorney 4-73 EXHIBIT 1 ~,~;,;,:',i .. ., ,. , +::'1;',1':,_ ;\~:"'~ 'i"t:,,; OranIzatron/De , ::"C,;" '~:";:;," _'" ::fj;>,: :;:,:'",':<;,: ',:;;,;..';'\_,";C; -~.!~ ,;-:'..:;:;;/- :s: ':'~ CDBG.'PublfcServfces' ."',':." .... Adult Protective Services C. V. Communit Collab./CVESD C. V. Veterans Home Su ort Fndtn. Famil Health Centers of S.D. Lutheran Social Services Lutheran Social Services Meals-on-Wheels South Ba Communit Svcs. South Ba Communit Svcs. South Ba Communit Svcs. YMCA Sub-Total South Ba Adult Da Health Care Child Care Coordinator Rehab Unit E ui ment KidCare Ex ress III Mobile Med. Unit Carin Nei hbor Pro'ect Hand Meals-on-Wheels Chula Vista Famil Violence Treatment Prevention & Diversion Pro'ect Thursda 's Meal Kinshi Su ort Services "',:,':.1:, C\: >"., ~ "CDI3GC6~unityErihancett1tintP!"ojec~ Bo s and Girls Club - Lauderbach Sub-Total ",.,:".,"; '-';Jf,":'" ;","\'f!,.:' :<' " ,,",o,,,".,:'c,.;, Ca rovements ',"--~'~.;~l\;,:, :"_"~;:,~z,~'~':~;;'~{r::"'i-<: .:' ,," ' :' ",," "::-,; . CDBG'AdmirtJsttinon and flaDiiiD.g Fair Housin Council of San Die 0 Fair Housin & Tenant Education Re ional Task Force on the Homeless Re ional Task Force on the Homeless Sub-Total ESG'~': ;,~, Casa Nueva Vida 1- ESG06 $82,644 $82,644 Sub-Total 4-74 EXHIBIT 2 SAMPLE HUD AGREEMENTS (FY 05-06) 4-75 Funding ApprovallAgreemen Title I of the Housing and Community .... Development Act (Public Law 930383) HI-00515R of 20515R U,S. Department of Housing' Urban Developmant Office of Community Planning anu Development Community Development Block Grant Program 1. Name of Grantee (as shown in Uem 5 ot Standard Fonn 424) 3. Grantee's 9+digit Tax ID Number 4. Da~ usa 01 funds may begin City of Chula Vista 95-6000690 (mmlddlyyyy) 07/0 lI2005 2. GriIDlee's Complete Address {as shown in ijem 5 of Standard Fenn 424} Sa. Pmja<:UGrant No.1 6a. AmOUllt Approved 276 Fourth Avenue, MS C-401 B-05-MC-06-0540 $ 2,261,525 Chula Vista, CA 91910 5b. PmiecVGrant No. Z 6b. Amount Approved 5c. ProjaCIJGrant No.3 Be. Amount Approved Grnnt Agreement: This Grant Agrecmcl1t between the Depilrtmcnt of HOUSIng and Urban Development (HUD) and the 3bov~ named Grantee IS made pwsuanL to the authority or TItle I aCme Housing D.nd Community Development Act of 1974,. as amended. (42 use 5301 et seq.). The Grnntcc's submissions forTItlc r assistJ.nc~ the HUD regulations at 24 CFR Part 570 (as now in effect nnd as ma.y be amended from time to time), and Ibis Funding Approval. including any special conditions. constitute part of the Agreement. Subject to the provisions of this Grant Agreement. HUD will make the funding assistance specified here available to the GliIDtec upon execution of the Agreement by the pnrties. The funding assistmce specified in the Funding Approvnl may be used to pay costs inCUITCd after me date specified in iu:m 4 above provided the a.ctivities to which such cosrs nee rela.ted Oll'e cnrried out in complinace with all :l.pplic:able requirements. Pre-:l.grcement costs may not be paid with funding assistmlce specified here unless they nre authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmcnul review. decision making. and actions, uS specified and required in regulations issued by the Secretary purnJaDt to Section 104{g) of TItle 1 and published in 24 CFR Pnn S8. The Grantee further :u:knowlcdges its responsibiUty for adherence to the Agreement by sub-reci tent entities lO which it nukes fundin assistance hereundcr available. U.S. Department of Housing and Ulban Development (By Name) William Vasquez Tille Director of Co Signa unity Planning and Development Dale (mmlddlyyyy) Grantee Name David Rowlands nta City Manager Sig~ra ,., /r-> /.:) t'?, Dete (mmlddlyyyy) ,(Y-';I"-J.<r~'< , ? r"5- 9a. Dale HUD Received Submission 10. check one (mmlddlyyyy) 05/16/2005 I:8J a. Dog. Funding 9b. Date Granlee Notified 0 Approval Immlddlyyyy) b. Amendment 9c. Dale of Slart of Progmm Year Amendment Number (mmlddlyyyy) 07/01/2005 alegory of Title J Assislance for this Fun (chad< only one) I:8J a. Entitlement, SeD 106(b) Db. 5tata-Admlnistarad, See 106(d)(I) CJ c. HUD.Administerad Small Cities, Sac 106(d)IZ)(B) o d.lnd!en CDBG Programs, See 106(a)(I) o e. 5U1plus Urban Renewal Funds, See 112(b) o f. Special Purpose Gmnts, Sec 107 o g. Loan Guaranlee, Sac 1 OB 11. Amount of Community Development Block Grant a. Funds Resaaved for this Grantee b. Funds now being Approl/ed c. ReselVatlon 10 be Cancarted 11aminus11b 12b. Name and complete Address of Pub"c Agency FY (2005) 2261525 FYI FYI $ 2,261,525 12a. Amount of Loan Guarantee Commitment now being Approved Loan Guoranlee Ac.ceptaDce Provisions tor Designated Agencies: The public agency hereby accepts the GIiUlt Agreement executed by the Department of Housing and Urban Development aD the above date willi respect to the above grant number(s) as Grantee designated to receive loan gUiJJ'notee assistance, and agrees to comply with the Icnns and conditions of the Agreement, applicable regulations. and other requirements of HUD now or herea.ft~ in effect. pe:rtD.ining to the assist:1nce provided it. 12c. Name 01 Authorized Official for Designated Public Agency T~e SignabJre HUD Accounting use Only Entafed By Effective Date (mmlddlyyyy) F II 10 I I VefiliedBy form HUD.70B2 (4193) Batch TAC Program Y A Reg Area Documant No. Project Number Category Amounl DTI ItE DTI q 0 0 CD DJIIJ q;g;p [0] I o DJIIJ I o diItJ I Date Entered PAS (mmlddlyyyy) Da~ Entered LDceS (mmlddlyyyy) Balch Number Trans_dlon Cod. Amount Amount Z4 CFR 570 4-76 / 20Q5"COMMUNITY DEVELOPMENT SLOCK GRANT SPECIAL CONDITIONS Executive Order 12372 The special condition fDr the CDmmunity DevelDpment Biocl< Grant Program, Funding Approval Agreement (HUD 7082), cDncerning the review prDDedures under ExecLrtive Order 12372 _ IntergDvernmental review Df Federal Programs and HUD's implementing regulatlDns '24.CFR, Part 52, restricts the obligation Dr expenditure of fundsfDr the planning Dr constructiDn Df water Df sewer facilities until the cDmpletion Df the review process and receipt of written notification of a Release of Funds !rom HUD. In the event that the grantee amends or otherwise revises ifs CDnsolidated Plan/ActiDn Plan to use funds for the planning or constructiDn of water Dr sewer facilities, a written. Release Df Funds notice frDrn the Department must be Dbtained befDre Dbligating Dr e~pendin9 funds for such activities. ,.--...... ..---.-- --~-_._-_._--_.. 4-77 Funding Approval and HOME u.s. Department 01 Housing and Urban Development Investment Partnerships A_ eement Office a/Community Plannir.. Title II of the National Affordable Housing Act and Development Publfc reporting burden for this collection of Information is estimated to avera~e 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing !he collection of infonnation. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of infonnatlon unless that collection displays a valid OMS control number. The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties, on the owners or tenants of the properties. and on Qlher programmatic areas. The Infonnatlon will be used: 1} to assist HOME partJcipants in managing their programs: 2) to track performance of participants in meeting fund commibnent and expenditure deadlInes; 3) to permit HUD 10 determine whether each participant meets the HOME statutory Income targeting and affordability requirements: and 4) to permit HUe to determine compJianca with other statutory and regulatory program requIrements. This data collection is authorized under TiUa II of the Cranston.Gonzalez Natlo.,at Affordable Housing Act or related authoritJes. Access to Federal grant funds is contingent on the reporting of certain project-specific data elements. Ftecords of Information collected will be maintained by the recipients of the assistance. Information on activities and expenditures of grant funds is public Information and Is genemlly available for disclosure. Recipients ara responsible for ensuring confidentiality when public disclosure is not required. OMS Approval No. 2506-0171 . (Exp.1J5I3112007). Chula Vista, CA 91910 2. Participant Number M-05-MC-06-0505 3. Tax Identification Number 95-6000690 4. Appropriation Number see #18 5. FY (my) 2005 1. Participant Name and Address City of Chula Vista 276 Fourth Avenue, MS C-401 6. Previous Obligation (Enter "0" for initial FY aUocation) a. Formula Funds b. Community Housing Development Org. (CHDO) Competitive 7. Current Transaction (+ or-) $ $ 1. CHDO (For deobllgations only) 2. Non. CHDO (For deobJigatlons only) b. CHDO Competitive Reallocation or Deobligation (see #18 below) $ 1.027,072 $ $ a. Formula Funds $ 8. Revised Obligation 8. Formula Funds b. CHDO CompetItive Reallocation 9. Special Conditions (check applicable box) [8J Not applicable D Attached $ $ 10. Date of Obligation (Congression,al Release Date) (mlntdd/YYYY) 08/ 25/2005 This Agreement between the Department of Housing and Urban Development (HUD) and the Participating Jurisdiction/entity is made pursuant to the authority of the HOME Investment Partnerships Act (42 U.S.C. 12701 at seq.). The Participating Jurisdiction's IEntity's approved Consolidated Plan submission/Application and the HUD regulatfons at 24 CFR Part 92 (as is now in effect and as may be amended from time to time) and this HOME Investment Partnership Agreement, form HUD-40093. including any special conditions, constitute part of this Agreement Subject to the provisions of this Agreement, HUD will make the funds for the Fiscal Year specified, ava[lable to the Participating Jurisdiction/Entity upon execution of this Agreement by lhe parties. All funds for the specified Fiscal Year provided by HUD by formula reallocation are covered by this Agreement upon execution of an amendment by HUD, without the Participating Jurisdiction's execution of the amendment or other consent. !-iUD's payment of funds under this Agreement Is subject to the Participating Jurisdiction's/Entity's compJiance with HUD's electronic funds transfer and Information reporting procedures issued pursuant to 24 CFR 92.502. To the extent authorized by HUD regulations at 24 CFR Part 92, HUD may, by its execution of an amendment, deobllgata funds previously awarded to the Participating Jurisdiction/Entity without the Participating Jurisdiction'sIEntity's execution of the amendment or other consent The Participating Jurisdiction/entity agrees that funds invested in affordable housing under 24 CFR Part 92 are repayable when the housing no longer qualifies as affordable housing. Repayment shall be made as specifJed In 24 CFR Part 92. The Participating Jurisdiction agrees to assume all of the responsibility for environmental review, decisIon making, and actions, as specified and required in regulation at 24 CFR 92.352 and 24 CFR Part 58. 1'. For the U.S. Departmento! HUD (Name and Tltieo! Authorized Official) '2.J~~ 13. Date William Vasquez, Director of CPO RC/~ 08/25/2005 14. For the Participating Jurisdiction/Entity (Name and Title of Authorized Official) 15. Si 16. Date 7' /7/6.1" 17. Check one: [8J Initial Agreement o Amendment # 18. Funding Information: Source of Funds Accrocrialion Code FY 2005 AODI 86Sn020S FY 2005 HOME 865n02DS PAS Gode HMC HMC Amount $34,958 $992,114 $ CHDO Competitive Reallocation Source of Funds Acorocriation Code PAS Code Amount $ $ form HU0-40093 (0412004) 4-78 2005 ~u Vpcrations Instructions Attachments. 20 Grant No.: S-05-MC-06-0540 Official Contact Person: Ms. Aneela Davis Telephone No: (619) 691.5036 FAX: (619) 476.5310 E-mail Address:adavis@ci.chula-vista.ca.us Tax ill No: 95-6000690 Unit of Goveroment No: 0720 FY 2005 LOCAL GOVERNJ.\1ENT GRANT AGREEMENT EMERGENCY SHELTER GRANTS PROGRAM This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and the City of Chula Vista, the Grantee, for FY 2005 of the Emergency Shelter Grants Program in the amount of $87,011. This grant was authorized by Subtitle B ofTitleN of the McKinney-Vento Homeless Assistance Act, 42 USC 11301 (1988), as amended (the "Act"). In addition, the grant operates through HUD's regulations at 24 CFR Part 576, as now in effect and as may be amended from time to time, which are incorporated as part of this Agreement. In reliance upon the Consolidated Plan and certifications, the Secretary agrees, upon execution of the Grant Agreement, to provide the Grantee with the agreed grant funds. The grantee must comply with requirements for record keeping and annual performance reporting to HUD within 90 days after the close of its consolidated program year, as required by' 24 CFR 91.520. This includes the periodic information collected through HUD's Integrated Disbursements and Information System (IDIS). The grantee's IDIS reporting must include information on grant activities, project sponsors, project sites, and beneficiaries (including racial and ethnic data on participants). This information will be used for program monitoring and evaluation purposes. The grantee agrees to comply with all applicable Jaws and regulations in distributing funds provided under this Grant Agreement and to accept responsibility for ensuring compliance by recipient entities which may receive funding assistance. The grantee agrees to comply with the provisions of the environmental requirements of 24 CFR Part 58 as applicable under 24 CFR 576.57(e) with respect to funds provided under this Grant Agreement. 4-79 2005 ~u Operotioas Instructions AttachmenU: - 21 The grantee further agrees to provide sufficient detail on matching funds so as to identify the specific sources and amounts of the funds as required by 42 use 11375(a)(1). The fonowing parties execute this Grant Agreement on the dates set forth below as fonows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development Signature and Dat -/-d'r By: William Vasouez Typed Name of Signatory Director. Office of Community Planning and Development Title GRANTEE By: d~p F2-~(L.j,I' 7/c~"- Signature and Date Typed Name of Signatory Title 4-80 2005 ~\,j Operations Instructions Attachmcnts - IS LOCAL GOVERNMENT GRANTEE FY 2005 EMERGENCY SHELTER GRANTS PROGRAM CERTIFICATIONS BY THE CIllEF EXECUTIVE OFFICER I, ' Chief Executive Officer of . certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CFR 576.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: (1) The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used forrehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. (2) The building standards requirement of 24 CFR 576.55. (3) The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. (4) The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable federal laws concerning nondiscrimination and equal opportunity. (5) The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (6) The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. (7) The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. (8) The requirements 'of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 4-81 2005 E::Iv Opernuons Instructions Attachments - 16 (9) The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. (10) The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58. (11) The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of ternrination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or ternrination of the services to the family; (C) there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. (12) The new requirement of the McKinney-Vento Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. (13) HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of client-level information. 4-82 2005 &Iv Opcr:1lions InslrUttions AtU1chmcnts - 17 I further certify that the submission of a completed and approved Consolidated Plan with its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and/or local law , and that the local government possesses legal authority to carry out grant activities in accordance with the applicable laws and regulations of the U. S. Department of Housing and Urban Development. By: ~tV_~,~- ~ rrY05- Signature of Chief Executive 0 cer and Date Typed Name of Signatory Title 4-83 COUNCIL AGENDA STATEMENT ,---- t......, Item Meeting Date 08/01106 ITEM TITLE: Resolution Approving a first amendment to the agreement with Best Best & Krieger, LLP, for the Special Tax Legal Counsel Services required for the formation of Maintenance Community Facilities District No. 13-M and the annexation to Improvement Area A of the existing Otay Ranch Preserve Maintenance District (CFD 97-2) for the Otay Ranch Village Two Project, and authorizing the Mayor to execute said amendment. Resolution Approving the initiation of proceedings to consider the formation of Maintenance Community Facilities District No.13-M (Otay Ranch Village Two) for Otay Project L.P. and approving the form of the Reimbursement Agreement. SUBMITTED BY: Acting Director of Engineering-j)? ~ REVIEWED BY: InterimCityManager II (4/5thsVote: Yes_No-Xl Under the existing agreement with Best Best & Krieger, LLP, the scope of work is to provide special tax legal counsel services for the formation of Maintenance Community Facility District for Otay Ranch Village Seven pursuant to the "Mello-Roos Community Facilities Act of 1982". Tonight, Council will consider an amendment to the agreement with Best Best & Kreiger, LLP to expand the scope of work to include similar legal counsel services for the formation of Maintenance Community Facilities District for the Otay Ranch Village Two Project. Also, in compliance with Council Policy regarding the establishment of Commlmity Facility Districts, Otay Project L.P. has submitted an application for establishing Community Facilities District No. 13-M ("CFD-13M") to fund the maintenance of certain public improvements for the Otay Ranch Village Two Project. RECOMMENDATION: That Council approves the resolution approving the first amendment to the agreement with Best Best & Krieger, LLP for Special Tax Legal Counsel Services required for the formation of the Maintenance Community Facilities District No. 13-Mand for the annexation to Improvement Area A of the existing Otay Ranch Preserve Maintenance District (CFD 97-2) for the Otay Ranch Village Two Project and adopt the resolution initiating proceedings for the formation of CFD-13M and authorize the Mayor to execute said amendment and reimbursement agreement. BOARDS/COMMISSIONS RECOMMENDATION: N/A. DISCUSSION: Best Best & Krie!!er On March 22, 2005 City Council by Resolution No. 2005-083 approved the agreement "Original Agreement" (Attachment No. I) with Best Best & Krieger, LLP for Special Legal Counsel Services for the formation of Maintenance Community Facilities District, pursuant to the "Mello-Roos 5-1 - Page 2 Item~ Meeting Date 08/01/06 Community Facilities Act of 1982" for Otay Ranch Village Seven. The approval of this first amendment (Attachment No.2) will authorize the law firm Best Best & Krieger to continue to provide special legal counsel services required for the formation of CFD-13 M and the annexation to improvement Area "A", CFD 97-2 of the Otay Ranch Preserve Maintenance District for the Otay Ranch Village Two Project for a fee not to exceed $20,000. Pursuant to previously approved agreements, the Consultant Best Best & Kreiger, LLP has been providing the Special Tax Legal Counsel necessary for the formation of many Maintenance Community Facilities Districts within the City ofChula Vista. The scope of their services included in the previous agreements was to provide Special Tax Legal Counsel for the formation of Maintenance Community Facilities Districts within the City. Warren Diven, currently "partner" to Best Best & Krieger, would be lead counsel for the firm and would be responsible for the delivery of all legal services with this amendment. Mr. Diven was originally selected by staff based on the quality of previous similar work performed in association with the City's formation of various financing districts over a period of 15 years. Mr. Diven is very familiar with the current development in eastern Chula Vista. He has provided legal services to the City for the formation of major open space districts in the area (Eastlake I, Rancho Del Rey, Sunbow, and Otay Ranch). In addition, he has been the legal counsel on the majority ofthe existing assessment districts and CFDs formed to finance the construction of backbone facilities serving the major developments in the area. Initiation of the CFD The "Mello-Roos Act" allows for the creation of Community Facilities District (CFD) for financing the maintenance of public facilities needed for the City or development. The CFD will levy a special tax that is collected with the property taxes. There is no direct cost to the City. Tonight's agenda will start the formation process and sets in motion the required steps and schedules for the authorization to levy special taxes with the CFD. Procedure for formation of Community Facilities District No. 13M Following are the key actions that Council would take during the proceedings for CFD-13M: 1. Approval of the initiation of proceedings for formation of the proposed CFD and approval of a Reimbursement Agreement (Attachment No.3) to require that the Otay Ranch Company advance funds to the City to pay for all costs incurred by the City in undertaking the proceedings to form CFD-13M (up for consideration tonight). 2. Approval of Resolution of Intention (ROI) to establish CFD-13M. 3. Adopting the boundaries of the CFD and ordering the preparation of the Special Tax Report. 4. Holding public hearing, approval of Resolution to Formation (ROF), voter's election, and levy of the special taxes. 5-2 c:/ Page 3 Item ~ Meeting Date 08/01/06 Exhibit A presents the boundaries of the proposed CFD-13M, which includes parcels, located within Otay Ranch Village Two (818.9 gross acres). At build out there will be 2,786 residential units, IOJ acres elementary school site, 59.6 acres of parks and 6.1 acres Community Purpose Facility. The proposed district will finance the maintenance of improvements including, but not limited to, open space lots, street medians and parkways along City's Class III Streets or higher, detention basins, and other miscellaneous landscaping improvements at subdivision entries and intersections and landscaped buffer zones located along major roadways. A complete list of improvements will be specified in the Special Tax Report. The complete scopes of work are included in the agreement and attached to the Resolutions. DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City Council and has found no such holdings within 500' of the property which is the subject of this action. FISCAL IMPACT: The Developer will solely fund the costs involved in this first amendment to the Original Agreement and the CFD Formation. The amount to be paid to Best Best & Krieger, LLP is not to exceed $20,000 for their assistance in the fo=ation of CFD-13M and annexation to Improvement Area A. All costs will be paid through deposit accounts funded by the developer. Attachments: Attachment I - Original Agreement with Best Best & Krieger Attachment 2 - First Amendment to Original Agreement Attachment 3 - Reimbursement Agreement for CFD-13M Exhibit A- Otay Ranch Village 2 Site Utilization map J: \Engineer1AGENDA\CAS2006\08-01.06CAS_I sf amend & Reimb Agr.doc 5-3 ATTACHMENT 1 Parties and Recital Page(s) Agreement between City of Chula Vista and Best Best & Krieger LLP For Special Counsel Legal Services for the Formation of Maintenance Community Facilities District within the City of Chula Vista Pursuant to the Hello-Roos Community Facilities Act of 1982 This agreement ("Agreement"), dated ~J'~ d-d:-~ for the purposes of reference only, and effectiv 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 Best Best & Krieger LLP 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 City desires to initiate proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista unde~ Sections 3, 5 and 7 of Article XI of the Constitution of the State of California to form a community facilities district for the purpose of providing for the financing of the costs of public infrastructure maintenance for Otay Ranch Village Seven Project as further defined in Exhibit A of this Agreement; and Whereas, the City desires to retain the services of special counsel to assist and advise the City regarding the proceedings to form such community facilities district and the ongoing administration of such community facilities district; 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; and, Standard Form Two Party Agreement (Fourteenth Revision) Page 1 q~- C'%3 .-....-..- _ n .. _ u _ _.. _.... _._.. 5_"'4_m____ ___________ ____________ --------- (End of Recitals. Next Page starts Obligatory Provisions.) Standard Form Two Party Agreement (Fourteenth Revision) ~ . ".-". -- .< -- -.--~ -_.-.. -.--.------ -.-..-.-.- -.--- --- - 5=5---------.-------- Page :2 ---.---- 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 "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. Standard Form Two Party Agreement (Fourteenth Revision) page 3 ----.-.-----. ...__._______._._"_h.___ _. __ ._._..___.__....5:06__...___.._ _..____ _____ ---_._-~ E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a ma=er 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 co=ection 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 Liability Insurance coverage in the attached Exhibit A, Paragraph 9. Insurance and Employer's amount set forth in the 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. (~) 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 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 Standard Form Two Party Agreement (Fourteenth Revision) Page 4 _ .__ _._.. ___u___ u__ __. _ __ _..._. ,. 5-,-1----- ------ ---------- --------- -.----- -------,,-- 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 (l) 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 Attorneyl 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. Standard Form Two Party Agreement {Fourteenth Revision} Page 5 ----'--.__...____..., - _______..___._ "___.___.___ .0____._-- _ _5.=.a______________ -- ---- I. Business License Consul~an~ agrees ~o ob~ain a business license from ~he Ci~y and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of ~he Ci~y 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 direc~ion and guidance to achieve ~he objec~ives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the ~erm of ~he agreement. In addition thereto, Ci~y agrees ~o provide the information, da~a, i~ems and ma~erials se~ for~h on Exhibi~ A, Paragraph 10, and wi~h the further understanding that delay in the provision of ~hese ma~erials beyond 30 days after au~horization to proceed, shall cons~i~ute a basis for ~he jus~ifiable delay in the Consul~an~'s performance of this agreemen~. B. Compensation Upon receip~ of a properly prepared billing from Consul~an~ submi~~ed to ~he Ci~y periodically as indicated in Exhibit A, Paragraph IB, bu~ in no even~ more frequen~ly ~han mon~hly,on the day of the period indicated in Exhibi~ A, Paragraph 1B, City shall compensa~e Consul~an~ for all services rendered by Consultan~ according ~o ~he ~erms and condi~ions se~ forth in Exhibit A, Paragraph 11, adjacent to ~he governing compensa~ion rela~ionship indica~ed by a "checkmark" next to the appropriate arrangemen~, subjec~ to ~he requiremen~s for retention se~ forth in paragraph 19 of Exhibit A, and shall compensate Consultan~ for out of pocket expenses as provided in Exhibi~ A, Paragraph 12. All billings submit~ed by Consultan~ shall con~ain sufficien~ informa~ion as ~o ~he proprie~y of ~he billing ~o permi~ ~he City to evalua~e ~ha~ the amoun~ due and payable ~he reunder is proper, and shall specifically contain the City's account number indicated on Exhibi~ A, Paragraph 1B (C) ~o be charged upon making such payrnen~. 3. Administra~ion of Con~rac~ Each party designa~es 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. Standard Form Two Party Agreement {Fourteenth Revision} Page 6 ---.._--~._- -----.-.- ---_.. --. 5.:-:.9-._______. ____ ----- -~-- 4 . Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The prQvisions 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 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 Standard Form Two Party Agreement (Fourteenth Revision) Page 7 ______"0__ ._.___..__u_o___ ._.__..______..".". _ _ .. '... _.. ._._.. ..... .5-~-l(~----.-...._-- --." --- governmental decision in which Consultant knows know Consultant has a financial interest compensation promised by this Agreement. or has reason to other than the C. Search to Determine Economic Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has dilige~tly conducted a search and inventory of Consultant's econom:LC 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 there under. 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 subj ect 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 I 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. Standard Form Two Party Agreement (Fourteenth Revision) Page 8 -.---.-- __."_"M'W.__._' ___ - _ ______ n_ _ _ ____ ___ 5_."..1_1_____ ______ -..------ ~. 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 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. Standard Form Two Party Agreement (Fourteenth Revision) Page 9 ----,-~.... . ... - -.. .-.. .. 5:::12___ ____u__ ._._____ __n._ --------- 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper ma=er 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. 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. Stanaara Form Two Party Agreement (Fourteenth Revision) Page 10 ----_... ._~_.. - ._..._......_____.._ .__._u ___ __ 5_-:-J.a_______.______ -'.~- ~-- C~ty hereby consents to the ass~gnment of the port~ons of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the Un~ted States or ~n 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 rej ect 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. Standard Form Two Party Agreement (Fourteenth Revision) Page 11 '"------.. __nn...... _~_ _______._.._ _."_ .. 5-14.._ ....----- -'.'--- 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 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 b~ 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 Standard Form Two Party Agreement (Fourteenth Revision) Page 12 __. ____ _0- _. - ~ .~_.._.,-_.._,--_.__._--------- ...-----.- ___ 5~l_5_ .-.----,.. --- -- ---.. "-------- This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and 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.] Standard Form Two Party Agreement (Fourteenth Revision) Page 13 '-'-". ... 5-16__ ....'...__...~.-.~ ".-."---- Signature Page to Agreement between City of Chula Vista and Best Best & Krieger LLP For Special Counsel Legal Services for the Formation of Maintenance Community Facilities District within the City of Chula Vista Pursuant to the Kello-Roos Community Facilities Act of 1982 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: DatedO~ , :2oS-- City Chula Vista cJZL !L Padilla, Mayor Attest: -_ 1U 1.I.A~~r> ../ Susan Bigelow, C ty Clerk as to form: ( City Attorney Dated: 3 -Ilf-o~ Best Best & Krieger LLP By: It.\''~~D~\....c2.I.^ Warren Diven, Partner Exhibit List to Agreement ) Exhibit A. Standard Form Two Party Agreement (Fourteenth Revision) Page 14 ----------- .~ ...- .... .-.."... "'0"' _.. _ no ______.5::11 ..--..-.-..----. ------- -------- Exhibit A to Agreement between City of Chula Vista and Best Best and Krieger 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: [insert business form] , a ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Best Best & Krieger LLP 5. Business Form of Consultant: ( ) Sole proprietorship (X ) Partnership ( ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 402 West Broadway, 13~ Floor San Diego, California 92101-3542 Voice Phone (619) 525-1300 general 619) 525-1337 Warren Diven Fax Phone (619) 233-6118 Standard Form Two Party Agreement (Fourteenth Revision) Page 15 .-.-- .... ... 5:-1L._.. - - - ,.--. --'-"- _.,- ---- 7. General Duties: Consultant shall provide special counsel legal services to the City pertaining to the formation of community facilities district for the McMillin Village 7 project, (' 'Community Facilities District") to finance the public infrastructure maintenance and, on an as needed basis, pertaining to the ongoing administration of the Community Facilities District formed for such purposes. I 1 8. Scope of Work and Schedule: A. Detailed Scope of Work: Formation of Community Facilities District. Consultant shall provide the following legal services to the City pertaining to the formation of each Community Facilities District: 1. Preparation of all resolutions, notices, contracts, and other papers and documents required in the formation proceedings; 2. Advise the City staff and other consultants regarding the required formation procedures and examine the formation proceedings, step by step, as such procedures are undertaken; 3. Appear at all hearings required as a part of the formation proceedings, and attend any other meeting where attendance is required or requested 4. Review the Report of the Special Tax Consultant as it relates to the formation proceedings for each community facilities district; 5. Review and examine the map showing the area and boundaries of each community facilities district; 6. Review the method and formula utilized by the Special Tax Consultant for the apportionment and levy of the special tax within each communit:t' facilities district; 7. Assist in any election procedure, as necessary and/or required, including the preparation of the form of all required election documents; Standard Form Two Party Agreement (Fourteenth Revision) Page 16 --'-"-.-.--- . n' _n_ ..._."' 5::J_L__________ ~_..~----- 8. Prepare the Notice of Special Tax Lien for each community facilities district; 9. Provide instruction and advice to City staff and City consultants related to any of the foregoing; and 10. Provide any and all other customary special counsel services relating to the formation proceedings. Onqoinq Administration of Communi tv Facilities Distric~ In addition to the foregoing services pertaining to the formation of the community facilities district, Consultant shall provide the following additional spectl counsel services to the City related to the ongoing administration of the community facilities district: 1. Advise and assist City staff and City cOnsultants regarding: (a.) Calculation of armual special tax rate and levy of armual special tax; (b.) Interpretation and application of special tax formula; (c.) Annexation of territory to a community facilities district; apportionment of special taxes or authorized maintenance; (d.) Cancellation or cessation of the Notice of Special Tax Lien; and (e.) Other issues related to the ongoing administration of the community facilities district and the levy of special taxes. 2. Preparation of resolutions, notices, contracts, and other papers and documents required related to any of the foregoing. 3. Appear at all City Council meetings related to any of the foregoing and attend any other meeting with City staff and City consultants related to any of the foregoing where attendance is required or requested by the City. 4. Provide any and all other customary special counsel services relating to the ongoing administration of the community facilities district. Such legal services pertaining to the ongoing administration of the community facilities district woud be provided only on an "as needed" basis upon the request of the City. Standard Form Two Party Agreement (Fourteenth Revision) Page 17 ._-~-----_. ---..-....-...--.. ____................._ _. 5_..2.0.___...._ __ _.. ______ -.- ---- 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 : N/A Deliverable No. 2: N/A Deliverable No. 3 : N/A D. Date for completion of all Consultant services: N/A 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage) . 10. Materials required to be supplied by City to Consultant: Such documents as are contemplated in the detailed scope of work set forth above. 11. Compensation: A. () Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee Standard Form Two Party Agreement (Fourteenth Revision) Page 18 ,"_.._- - ------..---..--. ------..-....-. - -..-.- -"-". .5.=2..L_ ___ ______. ~_._._--- ) 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 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. $ 2. $ 3. $ Standard Form Two Party Agreement (Fourteenth Revision) Page 19 -..-- -___. __..." _"'_n _.u....,..._ __.__ ___. _~ _ ..... _ __ _ 5.-:".2.2-_________ -.------ 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 of the phase. the full retention has been held back from the compensation due for that phase. percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For 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: (l) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensatmn amount. Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultat for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) (X) Limitation without Further Authorization an Time and Materials Arrangement Standard Form Two Party Agreeme~t (Fourteenth Revision) Page 20 --..-..-----.---.--- ..-----------.--... ----".--- .________5=23--_______ -..- ---- At such time as Consultant shall have incurred time and materials equal to $10.000 as to the community facilities district (The "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 Servicesat Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Name Hourlv Rate Partners and Of Counsel Attorneys Warren Diven $225 and Various Others Senior Associates with 4 or more years of excerience Various $195 Junior Associates with 4 or less years of experience Various $175 Paralegals Various $125 Hourly rates may increase rendered after [month]. 19 , services is caused by City. 12. Materials Reimbursement Arrangement by 6% for services if delay in providing 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 $ (X) Copies. not to exceed Consultant's current rate Cost or Rate (x) Travel, not to exceed IRS Rate () Printing, not to exceed $ (X) Postage, not to exceed Actual Cost (X) Delivery, not to exceed Actual Cost () Long Distance Telephone Charges, not to exceed $ (X) Other Actual Identifiable Direct Costs: Standard Form Two Party Agreement (Fourteenth Revision) Page 21 '_--.-.,-. .---.--..---..-,--- .---..--.- .. - - H,__ 5:-2L_____n --------- Facsimile, not to exceed Consultant's current rate ~3. Contract Administrators: City: Sohaib Al- Agha, Senior Civil Engineer Consultant: Warren Diven Best Best & Krieger LLP 402 West Broadway, ~3~ Floor San Diego, California 92~0~-3S42 Telephone: (6~9}S2S-1337 Fax: (6~9}233-6~~8 E-mail: wbdiven@bbklaw.com ~4. Liquidated Damages Rate: N/A $ per day. Other: ~S. Statement o~ Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X Not Applicable. Not an FPPC Filer. ( FPPC Filer Category No.~. Investments and sources of income. Category No.2. Interests in real property. Category No.3. Investments, interest in real property and sources of J.ncome subject to the regulatory, permit or licensing authority of the department. Category No. and sources development, sale of real 4. Investments in business entities of income which engage in land construction or the acquisition or property. Category No. S. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Category No.6. Investments in business entitie$ and sources of income of the type which, within the Standard Form Two Party Agreement (Fourteenth Revision) Page 22 ...-....--.--.-.. . .._- - - . 5-2.5 u -.-.. "-.---" --.--.- -. -.-- -..-.---- ~ 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: N/A _None 18 Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ) First of the Month ) 15th Day of each Month x) End of the Month ) Other: C. City's Account Number: 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 Standard Form Two Party Agreement (Fourteenth Revision) Page 23 ------- __.___h______. ._"_'._ _......_..... .._____. ....... 5=2.6.____... ....n ., ._ -.------ 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: Standard Form Two Party Agreement (Fourteenth Revision) Page 24 __ .__ ___.__ __._ .._._ .___ ____. ."__,____. _____.. ..__ . ___ .n. 5_::2L____ _ - ._.__..__~._ ___n_o -- --- RESOLUTION NO.2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH BEST BEST & KRIEGER, LLP, FOR SPECIAL COUNSEL LEGAL SERVICES REQUIRED FOR THE FORMATION OF MAINTENANCE COMMUNITY FACILITIES DISTRICT NO. I3-M AND THE ANNEXATION TO IMPROVEMENT AREA A OF THE EXISTING OTAY RANCH PRESERVE MAINTENANCE DISTRICT (CFD 97-2) FOR THE OTAY RANCH VILLAGE TWO PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT. WHEREAS, Best, Best & Krieger, LLP, pursuant to an agreement approved by City Council Resolution No. 2005-083, has been providing special legal counsel services, necessary for the formation of maintenance Community Facilities District for Otay Ranch Village Seven, pursuant to the "Mello-Roos Community Facilities Act of 1982"; and WHEREAS, staff is recommending that Best, Best & Krieger's agreement be amended to expand the scope of work to include similar legal counsel services for the formation of Maintenance Community Facilities District 13-M and the annexation to Improvement Area A of the existing Otay Ranch Preserve Maintenance District (CFD 97-2) for Otay Ranch Village Two Project for a fee not to exceed $20,000; and WHEREAS, Warren Diven, a partner at Best Best & Krieger, would be lead counsel for the firm and would be responsible for the delivery of all legal services for this amendment to the agreement; and WHEREAS, Mr. Diven was selected based on the quality of previous similar work performed in association with the City's formation of various fmancing districts over a period of 15 years, his familiarity with the current development in eastern Chula Vista, and his provision of legal services to the City for the formation of major open space districts in that area (Eastlake I, Rancho Del Rey, Sunbow, and Otay Ranch); and WHEREAS, in addition, Mr. Diven has been the legal counsel on all the existing assessment and community facilities districts formed to finance the construction of backbone facilities serving the major developments in the area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, approves the First Amendment to the Agreement with Best, Best & Krieger, LLP for Special Counsel Legal Services for the Formation of Maintenance Community Facility District within the City of Chula Vista pursuant to the Mello-Roos Community Facilities Act of 1982, a copy of which shall be kept on file in the Office of the City Clerk. 5-28 Resolution Page 2 BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute the First Amendment on behalf of the City. Presented by Approved as to form by Leah Browder Acting Director of Engineering ~~ /1- L~ Ann Moore City Attorney } "\Engineer\LANDDEV\CFD's\CFD13M\Reso Best Best Krieger Agm.doc 5-29 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 \-Ci!~ a~~ Ann Moore City Attorney Dated: July 26, 2006 CFD Reimbursement Agreement for Otay Ranch Village Two, CVT No. 06-05 under the provisions of the "Mello-Roos CFD Act of 1982" 5-30 ATTACHMENT 3 COMMUNITY FACILITIES DISTRICT REIMBURSEMENT AGREEMENT (Otay Project, LP) THIS AGREEMENT is made and entered into this day of August 2006, by and between the CITY OF CHULA VISTA, a charter city ("City"), and OTA Y PROJECT, L.P., a California limited Partnership ("Applicant"). RECITALS A. The Applicant has made application with the City to request that the City initiate proceedings under the provisions of the "Mello-Roos Community Facilities Act of 1982," as amended (Government Code Section 53311 and following), to form a community facilities district (the "Community Facilities District") to finance the maintenance of certain public improvements. The maintenance of such public improvements is required as a precondition to the development of properties owned and/or to be developed by the Applicant within that area of the City commonly known as Otay Ranch Village Two (Chula Vista Tract No. 06-05). B. Applicant agrees to advance funds to the City for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the formation of the Community Facilities District (the "Proceedings"). C. The parties hereto wish to enter into an Agreement to memorialize the terms and conditions pursuant to which Applicant shall advance monies and the monies so advanced may, subject to certain conditions contained herein, be reimbursed or credited against future special tax obligations. AGREEMENT The parties hereto, for mutual consideration, agree as follows: SECTION 1. Advances. A. Applicant shall advance monies to the City in such amounts and at such times as specified below to pay all costs and expenses incurred by the City in undertaking the Proceedings, including without limitation, the following: 1. Special Tax Consultant services; 2. Special Counsel Legal Consultant 3. City staff and City Attorney time. All such costs and expenses are collectively referred to as the "Formation Costs." B. Advances shall be made to the City pursuant to the following schedule: J: \En.gineer\LANDDEV\CFD's\ Village 2- Maintenance CFD13M\Reimbursement Agreement_ORC.doc I 5-31 I. Applicant has advanced to the City the sum of$59,500, receipt of which is acknowledged by the City. 2. If monies in addition to the initial advance are necessary to pay for the Formation Costs, the City shall as necessary and from time to time make written demand upon Applicant and Applicant shall immediately thereafter, within five (5) working days, deposit said monies with the City to pay for the balance of the Formation Costs. If such additional monies are not timely received, all Proceedings shall, at the option of the City, be suspended until such monies are received. SECTION 2. Records. The City agrees to keep records consistent with its regular accounting practices of the amount of monies advanced and the expenditure of such monies. Additionally, the City shall enter into and maintain contracts with all consultants, which shall specify the scope of services and compensation to be paid to all such consultants. Such records and contracts shall be available for review by the Applicant during normal business hours upon reasonable notice to the City. SECTION 3. Reimbursement. If the Proceedings to form the Community Facilities District are not completed and are abandoned for any reason at anytime there will be no obligation on the part of the City or the Community Facilities District to reimburse Applicant for any monies previously advanced pursuant to this Agreement; provided, however, the City does agree to return to Applicant any monies previously advanced which remain on deposit with the City and which the City determines are in excess of the amount necessary to pay for any outstanding Formation Costs previously incurred by the City. SECTION 4. Ownership of Documents. All plans, specifications, reports, appraisals and other documentation as prepared as a part of the Proceedings shall become the property of the City, regardless as to whether the Community Facilities District is actually formed. SECTION 5. No Obligation to Form Community Facilities District. Applicant acknowledges that the decision of the City Council to form the Community Facilities District is an exercise of the legislative authority of the City Council and that the City may not enter into a contract to obligate the City Council to exercise its legislative discretion in a particular manner. This Agreement does not, therefore, in any way create a contractual, legal or equitable obligation of or commitment by the City to approve the formation of the Community Facilities District. The City expressly reserves the right to abandon the Proceedings for any reason at any time prior to the completion thereof. Should Applicant desire to abandon the Proceedings, Applicant shall provide written notification of such desire to the City and request the City to immediately terminate all consulting agreements and use all efforts to minimize any and all Formation Costs. SECTION 6. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 7. Authority to Execute Agreement. The City and the Applicant represent that the individuals signing this Agreement have full right and authority to bind their respective parties to this Agreement. J:\EngineerILANDDEVlCFD'sIVi/l(1ge 2- Maintenance CFD13WReimbursement Agreement_ORCdoc 2 5-32 SECTION 8 Best Efforts. The parties promise to use their best efforts to satisfy all conditions to this Agreement and to take all further steps and execute all further documents reasonably necessary to put this Agreement into effect. SECTION 9. Successor and Assigns. This Agreement shall be binding on and inure to the benefit of the respective parties and their respective heirs, legal representatives, successors and assigns. Applicant may not assign its rights or obligations hereunder except upon written notice to City within ten (1 0) days of the date of such assignment indicating the name and address of the assignee. Upon such notice and the assumption by the assignee in writing delivered to the City of the rights, duties and obligations of the Applicant arising under or from this Agreement, Applicant shall be released for all future duties or obligations arising under or from this Agreement. SECTION 10. Singular and Plural; Gender. Whenever used herein, the singular number shall include the plural, the plural number shall include the singular, and the masculine feminine or neuter gender shall include the others whenever the context of the Agreement so indicates. SECTION II. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto with respect to the subject matter hereof. This Agreement may not be altered, modified or amended except by an instrument in writing executed by all of the parties. SECTION 12. Governing Law. This Agreement has been executed in and shall be governed by the laws of the State of California. SECTION 13. Construction. This Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing meaning. SECTION 14. Severability. In the event that anyone or more of the provisions of this Agreement that is or are material to the entering into this Agreement by either Applicant or the City shall for any reason be held to be unenforceable in any material respect by a court of competent jurisdiction, Applicant and the City may mutually agree that such unenforceability shall not affect any other provision of this Agreement, and that this Agreement shall be construed as if such unenforceable provision or provisions had never been contained herein. If Applicant and the City fail to so mutually agree, this Agreement shall terminate, without penalty to either party, after the giving by one party of thirty (30) days' prior written notice to the other party. In such event, the City shall use all efforts to minimize any and all Formation Costs and shall return to Applicant any monies previously advanced which remain on deposit with the City and which the City determines are in excess of the amount necessary to pay for any outstanding Formation Costs previously incurred by the City. SECTION 15. Notices. All notices and demands shall be given in writing by personal delivery or first-class mail, postage prepaid. Notices shall be addressed as appears below for the respective party; provided that, if any party gives notice of a change of name of address, notices to the giver of that notice shall thereafter be given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in the United States mail. J: \EngmeerILANDDEV\CFD's\ Village 2- Maintenance CFD13M\Reimbursement Agreement_ORCdoc 3 5-33 CITY: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attention: City Manager APPLICANT: OTAY RANCH COMPANY 610 West Ash Street, Suite # 1500 San Diego, CA 92101 SECTION 16. Time of the Essence. Time is of the essence in the performance of the parties respective obligations herein contained. SECTION 17. Waiver. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant, condition or promise. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other consistent remedies unless they are expressly excluded. SECTION 18. Amendment. No provision of this Agreement may be modified, waived, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. SECTION 19. Hold Harmless. Applicant shall defend, indemnifY, protect and hold harmless the City, its elected officials and appointed officers, employees and consultants retained for purposes other than formation of the Community Facilities District, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising directly or indirectly out of the waiver by the City Council of the City's procedures for the selection of any of the consultants identified in Section 1. and retained by the City to assist in undertaking the Proceedings. Applicant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, employees or consultants retained for purposes other than formation of the Community Facilities District in defending against such claims, whether the same proceed to judgment or not. Further, Applicant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, employees or consultants retained for purposes other than formation of the Community Facilities District. Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the consultant. [Remainder of this page intentionally left blank.] J: lEngineer\L.ANDDEVlCFD'sl Village 2- Maintenance CFD13MiReimbursement Agreement_ORedoc 4 5-34 Page One of Two Signature Pages to Community Facilities District Reimbursement Agreement Between the City of Chula Vista and Otay Project, LLC, IN WITNESS WHEREOF, City and Applicant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms. CITY OF CHULA VISTA By: Stephen Padilla Mayor of the City Of Chula Vista Attest: Susan Bigelow City Clerk Approved as to Form: Ann Moore City Attorney J: \Engineer\LANDDEV1CFD's\ Village 2~ Maintenance CFD13Af\Relmbursement Agreement_DRCdoc 5 5-35 Page One of Two Signature Pages to Community Facilities District Reimbursement Agreement Between the City of Chula Vista and Otay Project, LLC, OTAY PROJECT, LP, a California Limited Partnership By: OT A Y PROJECT, LLC, A California Limited Liability Company Its General Partner, By: OTA Y RANCH DEVELOPMENT, LLC, Its Authorized Member, By: Name: Title: (ATTACH NOTARY ACKNOWLEDGMENTS) J:\El1gineer\LANDDEV1CFD'sIVillage 2. Mamtenance CFD13M\Reimbursement Agreement_ORCdoc 6 5-36 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. I3-M (OTAY RANCH VILLAGE TWO) FOR OTAY PROJECT L.P. AND APPROVING THE FORM OF THE REIMBURSEMENT AGREEMENT. WHEREAS, the City of Chula Vista has received an application from Otay Project, L.P. (the "Applicants"), requesting that the City Council initiate proceedings pursuant to the Mello- Roos Community Facilities Act of 1982, as amended (Government Code Section 53311 and following)(the "Act") to form a maintenance community facilities district preliminarily designated as Community Facilities District No. 13-M (Otay Ranch Village Two) (the "District") to fund the maintenance of certain public improvements serving Chula Vista and development improvements serving the Otay Ranch Village Two project; and WHEREAS, the Applicant has requested that the District encompass that territory within Otay Ranch Village Two owned by and to be developed by the Applicant; and WHEREAS, the form of a Community Facilities Reimbursement Agreement pursuant to which the Applicant has agreed to advance funds to the City to pay for all costs incurred by the City in undertaking the proceedings to consider the formation of the District to be secured by the levy of special taxes with the District has been presented to this City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council authorizes the initiation of proceedings to consider the formation of the District as requested by the Applicant subject to all requirements of the Act and the City of Chula Vista Statement of Goals and Policies regarding the establishment of Community Facilities Districts. The decision of this City Council to form the District is an exercise of the legislative authority of this City Council. The adoption of this resolution and the approval of the reimbursement agreement do not either collectively or separately obligate this City Council to exercise its legislative discretion in a particular manner. This resolution does not in any way create a contractual, legal or equitable obligation of or commitment by this City Council to approve the formation of the District. This City Council expressly reserves the right to abandon the proceedings to consider the formation of the District for any reason at any time prior to the completion thereof. 5-37 Page 2 SECTION 3. This resolution shall become effective upon its adoption. Presented by Approved as to form by Leah Browder Acting Director of Engineering '-I~/a ~- Ann Moore City Attorney J :\Engineer\LANDDEV\CFD's\CFD 13M\Reso Reimbursement Agm.doc 5-38 LEGEND .-A%.,,- n..~.7 R R..id.ntJaI $ Sclloal P PIIr_ CPII Communtty Pvrpaa F-.;ilily os open 'P- C CotnINn:!&I PQ PublidQUllal-Public -"'- ~/j ....'" -" -- ~" ,HV.> .... ..... - \" .- - 'L..! .. - fl.... ..............\.ocwod........... "'A_..C ""r ...- R-14 MF 5J.6 AC 1450\ R-15 SF 5..2AC 37 CLk ~. ~ ..-~ - Note: The boundary between the C/MU parcels and the adjacent MF parcels may be adj1Jsted during the Design Review Process up to a maximum of 21.6 acres of combined C and MU zoned land. lMMIiIf~0w_._' .. "'-'r ...- ,..,.. LAND USE SUMM.IIRY ViTia.,. Two Commercial l....ndUs. ........ CU. Till1Iet N.eig/1borhClod Land USIII A~rtag. CU, TargetO.ansity Den:sity C., Com'l 11.9 $ingJ.aFamiJy .-< SF 41.5 "0 " Subtotal Com(nrc:Jal 11.1 .-6 SF 12.6 .., " .-7 SF .. " " Industrial .-6 SF 1CO 51 ,., IND.1 !ndustrial 51.S .-9 SF "3 '" 7.6 IN0-2 Industrial 6.7 "R.IS SF 7' " 6~ INO.3 lI1dustrial 297 R.H!A SF ", 66 '.6 R-If~B SF 10.4 " ,,, Sublotlllndustrlal U,g R.19 SF 10.8 8J 7.7 ~ri'~~~~nS~ili~?~e!~~rp~td~~~~~e':I~~:~~~"a~;":n~n'!f ~A~ ~~ at R-lO SF 19.3 " '.3 IheOlayJ..andnlr. R-Z1 SF 22.2 " " P... R-23 SF 13.1 " " F.' Town SqI,Jall!! Park 1.' R-24 SF 76 " SA F.' F... 7.1 R-ZS SF 9.5 ae 7.' F-3 Pn .., Subtotal Family 1987 '" 5.0 F-< Park "4.2 Subtotiili Parks S!t6 MuJU-Filmily CPF R.' MF 157 100 '.3 CPF.1 CFF U R.l0 MF '.5 90 20.0 C?F-2 CFF 0.9 R-11 MF 9.' 14' 14.5 CPF-J CFF 1.7 R~12 MF '" '" '" CPF-4 CFF 1.5 R-1J MF "3 149 14.5 R_14 MF 7.6 137 18.D CPF-5 CFF D.' R_16 MF 3S " 21.1 Suhto~1 CPF '.1 R-17 MF ,,, 119 ,,~ 00.." R.26 MF .. " '.5 5-1 Sd'lcol 103 R-2l MF " 110 12.5 OpenSpaca OS 164.5 R.Z8 MF " is 14.4 Preserve OS 74.7 R-29 MF .., '" 1" ExlemalCirculaUon 26.2 R-30 MF ", 180 17,6 II"I!8malCin::ulatjQl"l 42.5 Sl.Ibtolill Multl.Famlly '2'!I.6 1,140 13.4 Sublolal Open Space 311.3 & Other Mind USI MU-, MU 11 " 9.1 81U 2,lIG MU-2 MU " 12 '.5 'An addilionaIJ.OtCIS.OaaeCPFairewiJI be provided MU-J MU '.3 38 ... wlll'lln !.he VIllage Core Purnuanl to a suoSe'quenl S?A All'ltlndment Subtotal Mixed U!le 6.' " EXHIBIT "A" Site Utilization Plan - Village of Montecito January 2006 5-39 Oray RAnch S~cti07ZaL Pl4nning A~a Plan l,,'i&g~ of lvlonr<:clro ilnd Gray WInch Bwim55 Park 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 '-!L, a~~ Ann Moore City Attorney Dated: July 26, 2006 First Amendment to Agreement wi Best Best & Krieger LLP for Special Counsel Legal Services for the Formation of Maintenance CFD wlin the CCV per the Mello-Roos Community Facilities Act of 1982 5-40 FIRST AMENDMENT TO the Agreement between the City of Chula Vista and Best Best & Krieger, LLP For Special Counsel Legal Services for the Formation of Maintenance Community Facility District within the City of Chula Vista Pursuant To the MeIlo-Roos Community Facilities Act of 1982 Recitals This First Amendment ("First Amendment") is entered into effective as of 2006 by and between the City of Chula Vista ("City") and Best Best and Krieger, LLP ("Best Best & Krieger"), with reference to the following facts: WHEREAS, the City Council on March 22,2005 approved an agreement with Best Best & Krieger for Special Counsel Legal Services for the Formation of Maintenance Community Facility District for Otay Ranch Village Seven by Resolution No. 2005-083 ("Original Agreement"); and WHEREAS, Best Best & Krieger has assisted the City as the Legal Counsel for the Formation of many Community Facilities Districts ("CFDs") in easter:! Chula Vista; and WHEREAS, Best Best & Krieger possesses extensive knowledge and experience in providing legal assistance in the CFD formations and has a unique understanding of the development issues in the City of Chula Vista; and WHEREAS, the parties negotiated a new Scope of Work; and WHEREAS, the parties now desire to amend the Original Agreement to expand the scope of work required by Best Best & Krieger to provide Special Legal Counsel Services for the Formation of a Maintenance Community Facility District for Otay Ranch Village Two project "Project" and the annexation of the Project to Improvement Area "A" of the existing Otay Ranch Preserve Maintenance District (CFD97-2); NOW, THEREFORE, in consideration of the recitals and the mutual obligations of the parties set forth in this First Amendment, City and Best Best & Krieger agree as follows: 1. Exhibit A, Section 6, Place of Business, Telephone and Fax Number of Consultant, is deleted in its entirety and replaced with the following: 655 West Broadway Fifteenth Floor San Diego, CA 92101 Phone: (619) 525-1300 Fax: (619) 233-6118 5-41 1 of 3 2. Exhibit A, Section 7, General Duties is amended to add the following: Consultant shall also provide special legal counsel services to the City pertaining to the Formation of a Maintenance Community Facility District for Otay Ranch Village Two and the annexation of the Village Two to Improvement Area "A" of the existing Otay Ranch Preserve Maintenance District (CFD97-2) 3. Exhibit A, Section 11.C.2, Limitation Without Further Authorization on Time and Material Arrangement, the first paragraph is deleted in its entirety and replaced with the following: At such time as Consultant shall have incurred time and materials equal to $10,000 as to the Village Seven Community Facilities District and $20,000 as to Village Two Community Facilities District (The "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. 3. All other provisions of the Original Agreement shall remain in full force and effect. 5-42 2 of 3 SIGNATURE PAGE TO FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BEST BEST & KRIEGER, LLP IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2006 City of Chula Vista Attest: By: Stephen C. Padilla, Mayor Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Best Best & Krieger, LLP By: Warren Diven, Partner J:\Engineer\AGENDA\Agreements\BB &K 1 sf Amendment-CFDJ 3M_8-1-06.doc 5-43 3 of 3 COUNCIL AGENDA STATEMENT / Item ,;"" Meeting Date 08/01106 ITEM TITLE: Resolution Approving a parcel map that is proposing to vacate a portion of road survey 172, also being called Proctor Valley Road, lying within P"rcel 2 of Parcel Map 16033, granted to the County of San Diego by document filed in Book 304, Page 9 deeds on October 24, 1900 of official records of San Diego County, and approving the associated Parcel Map Agreement for the project. Resolution Approving the Grant of Easements and Maintenance Agreement for Chula Vista Tract No. 99-04, The Shops at San Miguel Ranch, between McMillin San Miguel Ranch LLC, and the City regarditlg maintenance of private facilities within the public right-of-way. SUBMITTED BY: Acting Director of Engineering~ / REVIEWED BY: Interim City Manager ifl (4/Sths Vote: Yes_NolO On February 29, 2000, the San Miguel Ranch Tentative Map was approved showing a commercial center at the South East comer of Proctor Valley and Mount Miguel Road. A request has been received from McMillin San Miguel Ranch LLC to approve a Parcel Map and vacate a public road easement, also being a portion of Proctor Valley Road belonging to the City of Chula Vista lying within Parcel 2 of Parcel Map No. 16033 owned by McMillin San Miguel Ranch LLC. The segment of Proctor Valley Road followed an old alignment and has been superceded by a six-lane major road. RECOMMENDATION: That Council adopt the following: 1. Resolution approving the Parcel Map, and the Parcel Map Improvement Agreement. 2. Resolution approving the Grant of Easements and Maintenance Agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: McMillin San Miguel Ranch LLC has proposed a commercial center featuring Albertson's and many restaurants and services. The site is encumbered by a road 6-1 Page 2, Item (;;;" Meeting Date 08/01/06 easement that is no longer needed. The Public Street Easement within a portion of Parcel :2 of Parcel Map 16033 was originally conveyed to the County of San Diego per document in Book 304, Page 9. The City of Chula Vista became the beneficIary of the easement when the property was annexed. Proctor Valley Road has been built on a revised alignment and the necessary right-of-way in that area has been obtained. Because of the surveying practices in the 1900's, the legal description for this document is unplotable but the title report shows it in this lot. Subsequent maps to the southeast and the northwest of said parcel have been abandoned leaving only this portion. Staff believes that this easement is yet an older alignment of what now is Proctor Valley Road. There are no drainage stmctures or utilities within the old easement and adequate streets have been built to allow access to all parcels in the vicinity. The road easement serves no purpose to the City. FISCAL IMPACT: The costs related to the processing of this request for vacation are being paid for by a deposit of monies provided by the applicant lmder the City's Full Cost Recovery System. CONFLICT OF INTEREST: Staff has reviewed the property holdings of the City Council and has found no such holdings within 500' of the property which is the subject of this action. Attachments: Attachment 1: Plat showing the vacation. Attachment 2: Developer's Disclosure Statement. Exhibits: Exhibit "A": The Parcel Map Agreement Exhibit "B": The Grants of Easements and Maintenance Agreement );\EngineerIAGENDA\CAS2006\08-0 I-06IA 1 13 for the shops@ SMR.doc 6-2 ATTACHMENT ....i.. SHEET 1 OF 1 ~OAP VALLEY" p~OC'fO~ ~ C1 ~ ~ :::; ~ :::oj ... ~ ~ Lor i-I MAp No, 1426i PORTION OF PROCTOR VALLEY ROAD TO BE VACA TED. PARCEL 2 PM i6D33 . HUNSAKER . ~ !':~9~~ TES Pf.NrtININC10179~S:tn:et ENCNEERlNC San D"1!IOo Ca. 9212"1 SURVrnNC PH(Bsa)SS8-4500. fX(II58}ssa.1414 6-3 City of ChuIa Vista Disclosure Statement ATTACHMENT :2. Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be filed. The following infonnation must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. McMillin San Miquel Ranch. LLC Bank of the West 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. NIl'< 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 ofthe non-profit organization or as trustee or beneficiary or trustor of the trust. N/A 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. Dick Lang - Lang Engineering Co. Ann Cleator Duncan Budinger Scott SAndel - Newell & Associates Brad Phipps - Benson & Bohl NICK L~ - )1('UIUIN 5. Has anyperson* associated with this contract had any financial dealings with an official** ofthe City of Chula Vista as it relates to this contract within the past 12 months. Y es_ N~ 6-4 City of Chula Vista Disclosure Statement If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No xx Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City ofChula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No ~ If Yes, which official" and what was the nature of item provided? Date: 03/28/06 aa4 Signature of Contractor/Applicant Ann Cleator 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. J:\Attomey\forms\disc!Qsure statement 3-6-03 6-5 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PARCEL MAP THAT IS PROPOSING TO VACATE A PORTION OF ROAD SURVEY 172, ALSO BEING CALLED PROCTOR VALLEY ROAD, LYING WITHIN PARCEL 2 OF PARCEL MAP 16033, GRANTED TO THE COUNTY OF SAN DIEGO BY DOCUMENT FILED IN BOOK 304, PAGE 9 OF DEEDS ON OCTOBER 24, 1900, OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, AND APPROVING THE ASSOCIATED PARCEL MAP AGREEMENT FOR THE PROJECT. WHEREAS, a request has been received from McMillin San Miguel Ranch L.L.C. to approve a Parcel Map and vacate a public road easement, also being a portion of Proctor Valley Road belonging to the City ofChula Vista lying within Parcel 2 of Parcel Map No. 16033 owned by McMillin San Miguel Ranch L.L.C.; and WHEREAS, since the time the easement was conveyed, the City of Chula Vista annexed the area underlying this easement; and WHEREAS, the Public Street Easement within a portion of Parcel 2 of Parcel Map 16033 was originally conveyed to the County of San Diego per document in Book 304, Page 9 of deeds; was and old alignment; and WHEREAS, since 1991, Proctor Valley Road has been built on a revised alignment and the necessary right-of-way in that area has been obtained; and WHEREAS, there are no drainage structures or utilities within the old easement and adequate streets have been built to allow access to all parcels in the vicinity and the road easement serves no purpose to the City; and WHEREAS, in order to vacate, Council must adopt a resolution ordering the vacation of the subject portion of the aforementioned Public Street Easement; and WHEREAS, it is necessary and desirable that the vacation be conditioned upon completion and recordation of a Parcel Map; and WHEREAS, in accordance with the provisions set forth in Section 66445(j) of the California Government Code, said street easement will be vacated by the filing of said Parcel Map with the County Recorder. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby vacate the Public Street Easement over a portion of Parcel 2 of Parcel Map 6-6 Resolution No. Page 2 16033 as originally conveyed to the County of San Diego conditioned on the recordation of said Parcel Map. BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to endorse upon the Parcel Map, as and for the act of the Council, that the Council has approved the Parcel Map, and that the street is vacated as stated in this resolution. BE IT FURTHER RESOLVED that the Resolution shall not become effective unless and until the filing of the Parcel Map. In the event the above map is not filed within one year following the adoption of this Resolution, this Resolution shall become void and be of no further force or effect. BE IT FURTHER RESOLVED, the City Engineer shall advise the City Clerk of the completion of the aforementioned conditions, and the City Clerk shall then cause a certified copy of this Resolution attested by her under seal, to be recorded in the Office of the County Recorder. Presented by Approved as to fo= by Leah Browder Acting Director of Engineering H:\ENGINEER\R.ESOS\Resos2006\08-0t'-06\Parcel map reso for the Shops @ SMR.doc 6-7 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENT AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 99-04, THE SHOPS AT SAN MIGUEL RANCH, BETWEEN MCMILLIN SAN MIGUEL RANCH LLC, AND THE CITY REGARDING MAINTENANCE OF PRIVATE FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY. WHEREAS, the Grant of Easement and Maintenance Agreement ("Agreement") for the Shops at San Miguel Ranch, sets forth the developer's obligation to maintain Water Quality Facilities in the public right-of-way; and WHEREAS, pursuant to the terms of the Agreement, the obligation to maintain the Water Quality Facilities located within the public right-of-way shall run with the land and shall be binding upon and inure to the benefit of the developer and any successive fee owner of the property or any portion thereof; and WHEREAS, pursuant to the terms of the Agreement, the obligation to maintain the Water Quality Facilities located within the public right-of-way may be assigned to another entity but does not relieve the underlying fee property title holder ITom ultimately having the obligation to maintain the Water Quality Facilities located within the public right-of-way; and WHEREAS, the developer has agreed to all terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the Grant of Easement and Maintenance Agreement for the grant of easements and maintenance of Water Quality Facilities located within the public right-of-way for Chula Vista Tract No. 99-04, The Shops at San Miguel Ranch, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Leah Browder Acting Director of Engineering 6-8 THE ATTACHED AGREE.MENT 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: July 26, 2006 Parcel Map Agreement for Tentative Parcel Map No. 99-04 The Shops at McMillin San Miguel Ranch LLC 6-9 ) ) ) ) ) ) ) ) ) ) ) RECORDING REQUESTED BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use C.V. File No. 0600-50-EP-321 PARCEL MAP AGREEMENT TENTATIVE PARCEL MAP NO. 99-04 This Parcel Map Agreement ("Agreement") is made this day of 2006, by and between THE CITY OF CHULA VISTA, California ("City") and McMiUin San Miguel Ranch LLC, ("Developer"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference ("Property"). The Property is part of a project commonly known as The Shops at San Miguel Ranch. For purposes of this Agreement the term "Proj ect" shall mean "Property". B. Developer is the Owner of the Property. C. Developer has applied for and the City has approved a Tentative Parcel Map Waiver No. 05-09 ("Tentative Parcel Map Waiver") for the subdivision of the Property. D. The City has approved the Tentative Parcel Map Waiver subject to certain Conditions of Approval ("Conditions") as more particularly described in the letter dated April 24, 2006 ("Letter"). The description of the Conditions in this Recital section of this Agreement is intended only to summarize and paraphrase such conditions in the Letter, and is not intended herein to modify or explain them, and is not intended as a basis for interpreting them. 6-10 E. Condition No.4 of the Letter requires the Developer/Owner to agree to the following conditions of approval: 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 of Chula Vista, including approval by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Government Code Section 66499.37 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. Agree to reserve to the City of Chula Vista the right to place additional conditions for development during the Parcel Map and the Design Review processes for the subj ect property. c. Defend, indemnify and hold harmless the City and its agents, officers and employees, from any liability for erosion, siltation, or increased flow of drainage from this project. d. Agree to comply with all applicable sections of the Chula Vista Municipal Code and prepare the Final Parcel Map and all plans in accordance witl1 the provisions of the Subdivision Map Act, Subdivision Ordinance, and the Subdivision Manual of the City ofChula Vista. e. Agree to include provisions in the Common Area Maintenance Agreement (CAMA) assuring maintenance of all streets, driveways, sewer and drainage systems, which are private. The City of Chula Vista shall be named as a third party beneficiary to said CAMA. The CAMA shall provide that the City shall have the authority but not the obligation to enforce the terms and conditions of the CAMA in the same manner as any owner within the Subdivision. All the individual owners of the project shall own all private driveways jointly and inseparably. F. City is willing, on the premise, security; terms and conditions herein contained to approve the Final Parcel Map for which Developer has applied as being in substantial conformance with the Tentative Parcel Map Waiver described in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 6-11 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the land owned by the City adjacent to the Property. The Burden touches and concerns the Property. It is the intent of the parties, and the parties agree, that this covenant shall be binding upon, and run with, the ownership of the land which it burdens. 2. Tentative Parcel Map Waiver No. 05-09 Conditions of Approval No.4. In satisfaction of Condition No.4 (a) of the Letter, the Developer/Owner agrees that, on the condition that City shall promptly notifY the Developer. of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall 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 relating to the project, including approvals by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to this Proj ect. In satisfaction of condition No.4 (b) of the Letter, the Developer/ Owner agrees to reserve to the City, the right to place additional conditions for the development during the Parcel Map and Design Review processes for the subject property. In satisfaction of Condition No.4 (c) of the Letter, the Developer/Owner agrees to hold the City harmless from any liability for erosion, siltation, or increased flow of drainage from this Project. In satisfaction of Condition No.4 (d) of the Letter, the Developer/Owner agrees to comply with all applicable sections of the Chula Vista Municipal Code and prepare the Final Parcel Map and all plans in accordance with the provisions of the Subdivision Map Act, Subdivision Ordinance and the Subdivision Manual of tlle City of Chula Vista. In satisfaction of Condition No.4 (e) of the Letter, the Developer/Owner agrees to include provisions in the Common Area Maintenance Agreement (CAMA) assuring maintenance of all streets, driveways, sewer and drainage systems, which are private. The City of Chula Vista shall be named as a third party beneficiary to said CAMA. The CAMA shall provide that the City shall have the authority 6-12 same manner as any owner within the Subdivision. The CAMA shall further provide that no provision contained in the CAMA, which pertains to the City, shall be amended without the written authorization of the City. All the individual owners of the project shall own all private driveways jointly and inseparably. 3. Tentative Parcel Map Waiver No. 05-09 Conditions of Approval No., 6. In partial satisfaction of Condition No.6, the Developer agrees to secure and construct all improvements as shown on Chula Vista Drawings No. 05091-01 thru 05091-11, work order No. SM025I, and has secured all improvements as shown on Exhibit "B" for Proctor Valley Road and Mount Miguel Road per DRC 05-51, including but not limited to traffic signal, signal interconnect, median removal, median replacement, striping, and NPDES compliance facilities. Improvements shall be completed within two (2) years from date of City Council approval of this agreement. 4. Tentative Parcel Map Waiver No. 05-09 Conditions of Approval No.7. In partial satisfaction of Condition No.7, the Developer agrees to maintain in perpetuity the NPDES filter inserts in two inlets located at the Southeast comer of Proctor Valley Road and Mount Miguel Road, and open space slopes adj'acent to the project. Developer shall provide documentation to the satisfaction of the City Engineer that slopes are being maintained in perpetuity by a third party. 5. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's/Owner's obligation of Condition No.4 of the Letter. 6. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded by either party. 7. Miscellaneous. 7.1 Notices. Unless otllerwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or deli vered to either party shall be in writing and shall be deemed duly served, deli vered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. 6-13 A party may change such address for the purpose of this paIagraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn.: Director of Engineering Developer McMillin San Miguel Ranch, LLC. 2750 Womble Road, San Diego, CA 92106 Attn: Ann Cleator (619) 477-4117 Developer's Mailing address P.O. Box 85104 San Diego, CA 92186-5104 A party may change such address for the purpose of this paIagraph by giving written notice of such change to the other party in the manner provided in tills paIagraph. 7.2 Captions. Captions in this Agreement aIe inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. 7.3 Entire Agreement. This Agreement contains the entire agreement between the parties regaIding the subj ect matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. 7.4 Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepaIed and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the prepaIation and/or drafting this Agreement. 7.5 Recitals. Any recitals set forth above aIe incorporated by reference into this Agreement. 7.6 Tllls Agreement may be executed in counterpartS. 6-14 (Remainder of page intentionally left blank. ) 6-15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. City of Chula Vista By: Matt Little, Acting City Engineer Attest: Susan Bigelow, City Clerk Approved as to Form: Ann Moore, City Attorney 6-16 MCMILLIN SAN :MIGUEL RANCH, LLC, a Delaware limited liability company By: MCMILLIN MANAGEMENT SERVICES, L.P., a California limited partnerships, its manager By: CORKY MCMILLIN CONSTRUCTION SERVICES, INC., a California corporation, its general partner By: aa~ Name: /f-ifA/ t!.l.e4T~ Title: /1'1' By: ~ - "Z /2.. -'-ii!''- Name: 0UM - .6. t2.ld,~--^ Title: VP , Notary to attach acknowledgment for each signature.) (Corporate/Company Authority required for each Signatory.) J:\EngineerILANDDEV\Projccts\San Migue! Ranch\The Shops@ SMR \The Shops PM Imrovement Agreementdoc 6-17 STATE OF CALIFORNIA } } ss. COUNTY OF SAN DIEGO } On this 15th day of May, 2006, before me, Joyce Rooks, a Notary Public in and for said State, personally appeared ANN CLEA TOR, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and aclmowledged to me that she executed the same in her authorized capacity(ies), and that by her signature(s) on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ,.......-.--....------....-.. 0... JOYCE ROOKS ~ COMM. # 1487651 .. eJ - . NOTARYPUBUC{:AUFORNIAG) ~ SAN DIEGO COUNTY 0 I COMM. EXP. MAY 14, 2008 t .._~---~---~--- Notary Acknowledgement 6-18 STATE OF CALIFORNIA } } ss. COUNTY OF SAN DIEGO } On this 15th day of May, 2006, before me, Joyce Rooks, a Notary Public in and for said State, personally appeared DUNCAN A. BUDINGER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. ~ - - - - - - - - - ,- - ~ - r ~. JOYCE ROOKS s: o COMM. # 1497651 ~ . NOTARY PUBUc-cAUFORNIA(i) ~ . SAN DIEGO COUNlY 0 I COMM. EXP. MAY 14, 2008t ,....----~----~-.... Notary Acknowledgement 6-19 EXHIBIT "A" Property Description BEING PORTIONS OF LOT 11 AND LOT 12 OF CHULA VISTA, TRACT NO. 99-04 SAN MIGUEL RANCH PHASES 1, 2 & 4 "A" MAP NO.1, ACCORDING TO MAP THEREOF NO. 14261, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY, RECORDED ON AUGUST 21, 2001, TOGETHER WITH PARCEL 2 OF PARCEL MAP NO. 16033, FILED IN THE OFFICE OF SAID COUNTY RECORDER, ON MARCH 22, 1990, ALL IN THE CITY OF CHULA VISTA, COUNTY OF SA1~ DIEGO, STATE OF CALIFORNIA. 6-20 EXHIBIT "B" SECURITY Chula Vista Tract No. 99-04 Parcel Map Improvement Agreement The Shops at San Miguel Ranch Faithful Performane $173,065.00 2174508 Material & Labor $173,065.00 2174508 Surveying monumentation $6,900 2174525 6-21 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL ~'\. City Atto Dated: July 26, 2006 Grant of Easement and Maintenance Agreement for Tentative Parcel Map No. 99-04 The Shops at San Miguel Ranch LLC 6-22 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 No transfer ttD: Is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (ABOVE SPACE FOR RECORDER'S USE) GRANT OF EASEMENT AND MAINTENANCE AGREEMENT TENTATIVE PARCEL MAP NO. 99-04 THE SHOPS AT SAN MIGUEL RANCH This Grant of Easement and Maintenance Agreement ("Agreement") is made as of this 9th day of May , 2006, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and MCMILLIN SAN MIGUEL RANCH, LLC, a Delaware limited liability company ("McMillin SMR"). RECITALS A. City is the owner of the "Maintenance Areas" described and shown on Exhibit B attached hereto (the "Maintenance Areas"). B. McMillin SMR is the owner of the land described in Exhibit A hereto (the "Property") and is developing thereon a shopping center known as "The Shops at San Miguel Ranch. " C. McMillin SMR has applied for Tentative Parcel Map Waiver No. 05-09 for the subdivision of the Property and the City has approved the Tentative Parcel Map Waiver subject to certain conditions, one of which conditions is that McMillin SMR provide for the perpetual maintenance of certain offsite facilities. D. McMillin SMR and City are entering into this Agreement in satisfaction of the above-referenced condition. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. [ 163842vl/2833-D78] 6123 1. Grant of Easement. The City hereby grants to McMillin SMR and its agents, successors and assigns, a perpetual non-exclusive easement and right-of-way over and across the Maintenance Areas for the purpose of maintaining, repairing and replacing the NPDES filter inserts located thereon. 2. Maintenance Obligations. (a) McMillin SMR. McMillin SMR hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, in perpetuity, the above-referenced NPDES filter inserts at a level equal to or better than the level of maintenance which is acceptable to the City's Director of Public Works Operations, at his/her discretion and equivalent to similar City or Community Facilities District maintained facilities in accordance with the responsibilities outlined in Exhibit C. For purposes of this subparagraph, the te= "maintenance" or "maintain" shall mean the maintenance, repair, and replacement obligations described herein and shall also include repair and replacement at no cost to the City of any City-owned property that is damaged by the perfo=ance of the maintenance responsibilities pursuant to this paragraph. (b) City. City hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be repaired or replaced, in perpetuity, the inlet and all other sto= drain facilities located within the Maintenance Areas, in good and operable condition, and to repair or replace at no cost to McMillin SMR any portion of the filters or Property that is damaged by the perfo=ance of City's maintenance responsibilities. 3. McMillin SMR Insurance. At all times while this Agreement is in effect, McMillin SMR shall maintain at its sole cost and expense a policy of public liability insurance which at least meets the following requirements: General Liabilitv Insurance. Comprehensive general liability and property damage insurance policy insuring McMillin SMR against liability incident to ownership or use of the Property and the easement hereby granted. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; [163842vI/2833-078] 62"24 (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." McMillin SMR shall provide the City with a certificate of such insurance. 4. Agreement Runs With The Land. This Agreement shall run with the land and be binding upon and inure to the benefit of McMillin SMR and any successive fee owner of the Property or any portion thereof. Each such successor owner (jointly and severally, if more than one) shall perform the obligations of "McMillin SMR" hereunder. The burden of McMillin SMR's covenants contained in this Agreement is for the benefit of the Property and the Maintenance Areas, and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. No fee owner of the Property shall be liable for any breach of this Agreement which occurred before such owner acquired title or after such owner no longer holds title to the Property. 5. Mortgagee Protection. No breach of this Agreement by McMillin SMR (or any successor owner) shall defeat or render invalid any deed of trust made in good faith and for value, and no person or entity which acquires title to the Property (or any portion thereof) by foreclosure or deed in lieu thereof shall be liable for any preceding breach of this Agreement, but this Agreement shall thereafter be binding on such person or entity. 6. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 7. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 9. Recording. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved and signed by the City and McMillin SMR. 10. Miscellaneous Provisions. [163842v 1/2833-078J 6:t25 (a) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its t=s. (b) Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (c) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (d) Compliance With Laws. In the performance of their respective obligations under this Agreement, the parties and their respective agents, employees and contractors, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (e) Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (f) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. (g) Severability. If any t=, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each t=, covenant or condition shall be valid and be enforced to the fullest extent p=itted by law. (h) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first set forth above. CITY OF CHULA VISTA, a municipal corporation By: City Engineer [ 163842vI/2833-D18] 64'26 Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: Ann Moore, City Attorney [163842v1l2833-078] MCMILLIN SAN MIGUEL RANCH, LLC, a Delaware limited liability company By: MCMILLIN MANAGEMENT SERVICES, L.P., a California limited partnership, its manager By: CORKY MCMILLIN CONSTRUCTION SERVICES, INC., a California corporation, its general partner, ~ By: d~ Name: A-,{.0/ C. L-F4?:3'n- Title: (i' 'V:. By: ~~j/ '~Jf~ Name: D" /!.c_,,-;~- r; ,&,,,.p'i 4.C,,"y^. Title: U. t: . .I 6-~7 STATE OF CALIFORNIA } } ss. COUNTY OF SAN DIEGO } On this 9th day of May, 2006, before me, Joyce Rooks, a Notary Public in and for said State, personally appeared ANN CLEATOR, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity(ies), and that by her signature(s) on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. !)g-------------- o. JOYCE ROOKS ~ b - : NDTk~~t1s~~~6R1MGJ SAN DIEGO COUNTY (') COMM. EXP. MAY 14, 200a'" Notary Acknowledgement 6-28 STATE OF CALIFORNIA } } ss. COUNTY OF SAN DIEGO } On this 9th day of May, 2006, before me, Joyce Rooks, a Notary Public in and for said State, personally appeared DUNCAN A. BUDINGER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instnunent. Notary Acknowledgement 6-29 STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On (date) before me, and title "Notary Public"), personally appeared (name (name[s] of signer[sJ), personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) (Seal of Notary) STATE OF CALIFORi'iIA ) ) ss. COUNTY OF ) On (date) before me, and title "Notary Public"), personally appeared (name (name[s] of signer[ s J), personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my hand and official seal. (Signature of Notary) (Seal of Notary) [ 163842v1l2833-078J 6-30 EXHIBIT A (Legal Description of The Shops at San Miguel Ranch) Being portions of Lot 11 and Lot 12 of Chula Vista Tract No. 99-04 San Miguel Ranch Phases I, 2, & 4 Map No. I, according to the map thereof No. 14261, filed in the office of the San Diego County Recorder on August 21, 2001, Together with Parcel 2 of Parcel Map 16033, filed in the office of said County Recorder, March 22, 1990, all in the City of Chula Vista, County of San Diego, State of California. . [163842v 1/2833-078] 6-31 EXHIBIT B (Legal Description) Maintenance Area A shall be that area located within 5 feet of the exterior edges, measured at right angles, of the 21' storm drain inlet located on the South side of Proctor Valley Road, adjacent to Lot 11 of Map No. 14261, in the City ofChula Vista, as shown on Exhibit 'B'. Maintenance Area B shall be that area located within 5 feet of the exterior edges, measured at right angles, of the 4' storm drain inlet located on the East side ofMt. Miguel Road, adjacent to Lot 11 of Map No. 14261, in the City ofChula Vista, as shown on Exhibit 'B'. [163842vl/2833-D78] 6-32 EXHIBIT B (Plat Showing Maintenance Areas) [ATTACH] [163842vl/283H78] 6-33 i i ! ! --.;: '~ ::;::--c~.-:r -II Ii II '\ \? 0 ~1) Ii \[ ~l'\)~'L ~ Ii DOC,\:O"R ___~___ il?~" ~ _--- ~- \ ~~ I ~/~___-- ~_:--- /~'.... ..~~ - '" .--::.\ ' '~ /-:::;;;;:;:;- -- ;,..l.' , /~ ..----- ..... /j/ /" /./ / t / MAINTENANCE AREA A I / FLOGARD+PLUS DRAINAGE INSERT I ( BY KRISTAR (MODEL NO. FGP-21.0CI) Ii I IN EXISTING 21' CURB INLET, SOUTH SIDE ONLY II I I: II "\ ", I ii' , 'Ir< I..,' Q Ii ',I ~ II o ~ . i I I, I' , MAINTENANCE AREA B FlOGARD+PlUS DRAINAGE INSERT BY KRISTAR (MODEL NO. FGP-48CI) IN EXISTING 4' CURB INLET, EAST SIDE ONLY ':, ;,. ) ~I J~=~:c~=~.ij T 'II ~..:-:' I ~ I i I !r ii Ii 'I ri ii Ii " I Ii ii 'I II Ii Ii !I !! Ii ....:< ~ ~ o >-< ~ I ==--t::::::: \~ -'- -- ~ ~ ---If -..~--- . "----,..,:., --__J....I ------- LOT 11, ~1AP 14261 APN 595-030-53 ....... ....... ....... ....... E-< .~ ------- ....... ....... ------- PARCEL 2, P.M. 16033 APN 595-030-14 ..... ..... .............. II , I i: THE SHOPS AT SAN MIGUEL RANCH EXHIBIT "B" -LANG- engineering 00. DATE:. /,jA'1' J, 2006 JOa No.: 041110 ScALE: 1"_ 40' DRAWN 8'1': R.G.L AcAO #: TACltm<lnt Exhibit CHKD: R.G.L CITY OF CHULA VISTA, CA Consul tIne Enclneers Lend Planners 561 SAXONY pu,CE. stJrrE la1B ENClNITAS, C),UFORNJA 9.2C24 I r>----r--, D 20 4{)' .c.1 6 4 EXHIBIT C (Maintenance Responsibilities) City of Chula Vista Area Owner Maintenance Maintenance Two inlets located at the Maintenance ofNPDES Maintenance of sidewalk. Southeast corner of Proctor Filter inserts Valley Road and Mount Miguel Road [163 842v 1/2833-<]78] 6-35 COUNCIL AGENDA STATEMENT ,-; ITEM MEETING DATE 8/01/06 ITEM TITLE: Resolution authorizing the future purchases of Cell Phone Equipment and Service from Verizon Wireless, to be conducted on an as- needed basis in accordance with the terms and conditions of State of California Master Contract #1 S-05-58-02. Resolution adopting a City Council Policy on Cell Phone Issuance and Usage. SUBMITTED BY: Director of FinanCeITreasurer0frr /.: ~ REVIEWED BY: City Manager df (4/5ths vote: Yes_No X) Cell phones increase work efficiency, improve levels of service, and enhance communication. Accordingly, city staff members may be issued cell phones to augment land line telephones, pagers, and mobile radios after review by their respective departments. RECOMMENDATION: That Council adopt the resolution authorizing future purchases of Cell Phone Equipment and Service from Verizon Wireless to be conducted on an as- needed basis, in accordance with terms and conditions of State of California Master Contract #1 S-05-58-02; and, adopting a City Council Policy on Cell Phone Issuance and Usage. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: Until recently, cell phones and service used for conducting city business were ordered from Verizon Wireless through the Western States Contracting Alliance (WSCA), a multi-state consortium. However, the WSCA contract expired last May and the State of California opted to issue a separate agreement: State of California Master Contract # 1 S-05-58-02 ("Master Contract"). Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other governmental agencies for the purchase of materials and services of common usage. The Master Contract allows the City of Chula Vista to receive all benefits and privileges offered to the state government for cell phone equipment and services. Most of the terms and conditions are similar to those in the original WSCA contract, although some price plans are even more favorable. Verizon Wireless has been providing cellular phone service to the City of Chula Vista for the past several years. Their products are dependable and their service has been generally satisfactory. Overall, their level of coverage meets or exceeds that of their competitors, particularly in the eastern areas of the city. 7-1 Page 2, Item 7 Meeting Date 8101i06 The Master Contract is effective for the period October 3, 2005 through October 3, 2007 with an option for three (3) 1-year extensions. Participation in this non-exclusive cooperative purchasing opportunity should ensure consistent quality, service, and pricing through October 2, 2010. The city is not a signatory to the contract and retains its right to acquire wireless technology from alternate sources for evaluation purposes or when otherwise cost-effective. It is expected that current fiscal year cellular phone equipment & service expenditures to Verizon Wireless will be approximately $150,000. Subsequent years may be more or less depending on demand. CELL PHONE POLICY Due to the prevalence of cell phones used to conduct city business, a policy has been drafted to establish guidelines for their issuance and use. Upon adoption of this policy, employees will be required to fill-out a Cell Phone Request form describing both the purpose and justification for issuance of a phone. The city will also continue to employ a third party auditor, Wireless Watchdogs, to monitor cellular phone usage and recommend the most cost-effective plans for individual accounts. Finance is in the process of inventorying all city-issued cell phones and ensuring that they will be in compliance with this new policy. FISCAL IMPACT: There is no direct fiscal impact from approving this resolution in that funds expended will have been approved through the normal budget or appropriation process. ATTACHMENT: Council Cell Phone Policy 7-2 ~ SUBJECT: CELL PHONE POLICY COUNCIL POLICY CITY OF CHULA VISTA POLICY NUMBER EFFECTIVE DATE PAGE August 1, 2006 10f2 , ADOPTED BY: (Resolution No.) AMENDED BY: Resolution No. (date of resolution) PURPOSE The purpose of this policy is to establish guidelines for the issuance and use of cellular phones. I DATED: POLICY Department Heads may authorize the issuance of cell phone to city employees when there is a business necessity that requires the regular use of a cell phone. SCOPE This policy covers the issuance and use of city-issued cell phones. PROCEDURE To request a cell phone, employees whose job duties necessitate the use of a cell phone shall fill out a "Cell Phone Request" form and obtain Department Head approval. Completed forms are then submitted to the Purchasing Division for processing. Specific justification for issuance of a cell phone must be included. To ensure the best value for the city, the Purchasing Division will select a service provider. Upon consultation with the department, Purchasing will also determine which phone, accessories, and rate plan are most appropriate for the requested application. Once an order has been placed, the phone and related accessories may be delivered either directly to the requestor or to the Purchasing Division. When the order has been received, it shall be verified as to completeness and functionality. Training may be arranged at requestor's option. Rate plans will be based on usage and may be periodically adjusted. Usage will be monitored and adjustments made that are most cost-effective for the city. Rate plans may be structured for either pooled minutes or on a per minute basis. RESPONSIBLE PARTY Departments are responsible for the cellular phone equipment, accessories, training, warranties, insurance, repairs, and all recurring service costs. Employees are responsible for ensuring that city-issued cell phones are used for business purposes. Although personal use is generally discouraged, such use is occasionally allowed. For field personnel and those whose primary mode of communication is a cell phone, departmental guidelines may govern the appropriateness of personal use. 7-3 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: CELL PHONE POLICY POLICY EFFECTIVE NUMBER DATE PAGE August 1, 2006 20f2 ADOPTED BY: (Resolution No.) I DATED: AMENDED BY: Resolution No. (date of resolution) Each Department is responsible for setting parameters, monitoring compliance, and curtailing excessive personal use. Department Heads are encouraged to conduct periodic, random audits of cell phone usage. The city shall be reimbursed for any personal use deemed excessive. Cell phones and other wireless devices configured for access to the Internet or city Intranet require Department Head and Information Technology Services Department approval. Lost or stolen equipment shall be promptly reported to the Purchasing Division. Purchasing will request a block on the account in order to prevent fraudulent use. After hours, employees shall call the cellular phone service provider directly to initiate a block. The Purchasing Division will order replacement equipment upon receipt of an authorized request. Malfunctioning or broken equipment shall be reported to the Purchasing Division. Most cellular phone equipment is covered under an initial one-year warranty. Upon termination of employment with the city, cell phones and related accessories shall be returned to the Purchasing Division. REI A TED POLICIES Please see Risk Management's "Cell Phone Usage Safety Guidelines". FORMS "Cell Phone Request" 7-4 ~If? =11"-~ - - CIlY OF CHUlA VISTA CELL PHONE REQUEST Describe the purpose and justification in requesting a cell phone for this individual: I hereby acknowledge that I have received a copy of the City's Cell Phone Policy. I have read the policy and understand that failure to comply with all the requirements contained therein may result in revocation of cell phone privileges and/or possible disciplinary action. Print name: Signature: Title: Dept/Division: Phone Extension: Date: Department Head Signature Purchasing Use Only Approved: Not Approved: Comments: Purchasing Agent: Date: July 06 7-5 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FUTURE PURCHASES OF CELL PHONE EQUIPMENT AND SERVICE FROM VERIZON WIRELESS, TO BE CONDUCTED ON AN AS-NEEDED BASIS IN ACCORDANCE WITH TERMS AND CONDITIONS OF THE STATE OF CALIFORNIA MASTER CONTRACT #IS-05-58-02 WHEREAS, Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other governmental agencies for the purchase of materials and services of common usage; and WHEREAS, the state's master contract allows the City of Chula Vista to receive all benefits and privileges offered for cell phone equipment and services; and, WHEREAS, the terms and conditions of the state's master contract are similar to those incorporated in the original Verizon Wireless contract through the Western States Contracting Alliance (WSCA), a multi-state consortium; and WHEREAS, participation in this non-exclusive cooperative purchasing opportunity should ensure consistent quality, service, and pricing through October 2, 2010; and WHEREAS, the City is not a signatory to the state's master contract; and WHEREAS, the City reserves the right to acquire wireless technology from alternate sources for evaluation purposes or when otherwise cost-effective; and WHEREAS, fiscal year 2006-2007 cellular phone equipment and services expenditures to Verizon Wireless are expected to be approximately $150,000 with subsequent years being more or less depending on demand; and WHEREAS, there is no direct fiscal impact in that funds expended will have been approved through the normal budget or appropriation process. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista authorizes the future purchases of cell phone equipment and service from Verizon Wireless, to be conducted on an as-needed bas is in accordance with terms and conditions of the State of California Master Contract #lS-05-58-02. Presented by: Approved as to form by: Maria Kachadoorian Director of Finance/Treasurer ~ncf'< I/Lff CIty Attorney J:\attorney\reso\finance\VerizonWireless cellular contract 7-6 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A CITY COUNCIL POLICY ON CELL PHONE ISSUANCE AND USAGE WHEREAS, cell phones increase work efficiency, improve levels of service, and enhance communication; and WHEREAS, accordingly, city staff members may be issued cell phones to augment landline telephones, pagers, and mobile radios after review by their respective departments; and, WHEREAS, due to the prevalence of cell phones used to conduct city business, a policy has been drafted to establish guidelines for their issuance and use; and WHEREAS, upon adoption of this policy, employees will be required to fill-out a Cell Phone Request form describing both the purpose and justification for issuance of a phone; and WHEREAS, the City will also continue to employ a third party auditor, Wireless Watchdogs, to monitor cellular phone usage and recommend the most cost-effective plans for individual accounts; and WHEREAS, the Finance Department is in the process of inventorying all city- issued cell phones and ensuring that they will be in compliance with this new policy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista adopts a City Council Policy on Cell Phone Issuance and Usage. Presented by: Approved as to form by: Maria Kachadoorian Director of Finance/Treasurer ~ddL4f.1W Ann oore Ci y Attorney J:lattomeylresolfinancelCell Phone Policy 8 I 06 7-7 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REQUEST BY GLEN GOOGINS FOR THE WAIVER OF POTENTIAL OR ACTUAL CONFLICT OF INTEREST WITH RESPECT TO GLEN GOOGINS'S REPRESENTATION OF TWO POTENTIAL CLIENTS WHEREAS, Glen Googins is a former deputy city attorney for the City of Chula Vista; and WHEREAS, Mr. Googins has been approached by two potential clients desiring to retain his services to work on land use related matters in the City of Chula Vista; and WHEREAS, pursuant to Rule 3-31 O(E) of the California State Bar Rules of Professional Conduct an attorney shall not accept employment adverse to a client where, by reason of the representation of the client, the attorney has obtained confidential information material to the employment; and WHEREAS, in his former capacity as a senior assistant city attorney for the City, Mr. Googins may have acquired confidential information from the City and has represented to the City that he is unaware of any confidential information he has obtained that would relate to the potential clients and their projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approve the request by Glen Googins for a waiver of a potential or actual conflict of interest with respect to Mr. Googins's representation of two potential clients. Presented by Approved as to form by ~~~~C)~ Ann Moore City Attorney Ann Moore City Attorney J:\Attorney\SharonM\Resos\GLEN GOOGINS WAIVER OF CQI.doc e COUNCIL AGENDA STATEMENT Item Meeting Date 8/01106 ITEM TITLE: Resolution Ratifying City staffs action on approving Change Order No. 2 with MJC Construction to complete the "ADA Pedestrian Ramps, Intersection of First Avenue and Keamey Street, in the City of Chula Vista, California (CIP No. STL-3l7 A)" project. Director of Ge~ Services ~ ..L-J.- City Manager Jf (4/5thsVote:Yes_Nol) SUBMITTED BY: REVIEWED BY: On March 7, 2006, the City Council approved Resolution No. 2006-064 (Attachment A), which awarded a base contract in the amount of $55,440.00 to MJC Construction for the "ADA Pedestrian Ramps, Intersection of First Avenue and Kearney Street, in the City of Chula Vista, California (CIP No. STL-317 A)" project. During the course of said project construction, staff approved Change Order No.2 (Attachment B), which added an item of work and adjusted the quantities of various items of work from what was originally proposed for the project at the time of award. By doing so, construction was facilitated and an overall improved project was obtained at the completion of construction. It should be noted that adding items of work and/or adjusting quantities during the course of construction is a typical event that occurs when field conditions observed warrant such modifications to what was originally planned. These changes and/or additions are typically paid from the contingency funds approved at the time of project award and are approved at the staff level. At times, however, change orders exceed the limitations of staff level (Director of Public Works) approval solely and require City Council ratification in accordance with City Council Policy No. 574-01. Change Order No.2 is for adding an item of work not originally included in the project design and for adjusting the quantities for several items of work originally included with the project; all of these actions were necessary to complete the project in accordance with City standards and to provide for a timelier and improved project outcome. Approval of tonight's resolution will ratify staffs action of approving Change Order No.2 for said project, valued at $7,037.00, in accordance with the City Council Policy No. 574-01. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION: Not Applicable 9-1 Page 2, Item ~ Meeting Date 8/01/06 DISCUSSION: Proiect Back2round The City of Chula Vista, in recognition of problems faced by physically challenged residents, has established an on-going program to improve existing sidewalk facilities that lack pedestrian ramps. The "ADA Pedestrian Ramps, Intersection of First Avenue and Kearney Street, in the City of Chula Vista, CA (STL-317 A)" project primarily involved the construction of Americans with Disabilities Act compliant pedestrian ramps at the "T"-intersection of First Avenue and Kearney Street. Per the formal bidding process, staff invited contractors to submit proposals for the project. On February I, 2006, General Services Department staffreceived six (6) bids; the lowest responsive bid received was from MJC Construction. Per Resolution 2006-064 (Attachment A), Council awarded a base contract in the amount of $55,440.00, awarded an Additive Alternate I contract in the amount of $7,110.00, and approved construction contingencies in the amount of $6,755.00. Chan2e Order No.1 During project construction, staff decided to increase the footing width and depth of the proposed gravity retaining wall associated with the project. This modification to the existing design was so that the overturning forces associated with the wall were better mitigated. The value of Change Order No. I was $2,600.00 and was approved by the Director of Public Works and did not require City Council ratification per City Council Policy No. 574-01. Chan2e Order No.2 During the course ofproject construction, staff added an item of work and adjusted the quantities of various items of work from what was originally proposed for the project at the time of award. The additional item of work added included the installation of a stemwall and landscape biobarrier adjacent to a portion of the newly constructed sidewalk. This additional work item facilitated the grading included with the proj ect and provided future protection for the new sidewalk against invasive tree roots. The items of work originally included with the project that had the quantities adjusted included the following: asphalt concrete pavement, crushed aggregate base, sidewalk, curb and gutter, driveway area, and cross gutter area. These items were all greater than what was originally estimated with the exception of the cross gutter area. The net increase in project costs with the addition and quantity adjustments for Change Order NO.2 (Attachment B) was $7,037.00. It should be noted that adding items of work and/or adjusting quantities during the course of construction is a typical event that occurs when field conditions observed warrant such modifications to what was originally planned. These changes and/or additions are typically paid from the contingency funds approved at the time of project award and are approved at the stafflevel (Director of Public Works). At times, however, change orders exceed the limitations of staff level approval solely and require City Council ratification in accordance with City Council Policy No. 574-01. 9-2 - Page 3, Item ~ Meeting Date 8/01/06 Therefore, staff recommends that Council ratify City staffs action on approving Change Order No.2, valued at $7,037.00, with MJC Construction to complete the "ADA Pedestrian Ramps, Intersection of First Avenue and Kearney Street, in the City ofChula Vista, California (CIP No. STL-317 A)" project. CONFLICT OF INTEREST: There are no potential conflicts of interest for any City Council members. FISCAL IMPACT: There are sufficient funds held by the project (CIP No. STL-317A) to fully offset all costs associated with Change Order No.2, with no impact to the General Fund. CONSTRUCTION COST & ADDITIONAL WORK A. Base Construction Cost $55,440.00 B. Change Order No.1 $2,600.00 C. Change Order No.2 $7,037.00 TOTAL $65,077.00 FUNDS AVAILABLE A. Base Contract Amount (per Resolution 2006-064) $55,440.00 B. Additive Alternate I Contract Amount (per Resolution 2006-064) $7,110.00 C. Contingencies (per Resolution 2006-064) $6,755.00 TOTAL $69,305.00 Attachment: Change Order No.2 M:\General Services\GS Administration\Council Agenda\STL-317A\St!317a.Change Order 2.doc 9-3 ~ ~ft.. =~-,~ ~- --~ -- - A1\o.,~~'II\~"'T CIlY Of CHULA VISTA DEPARTMENT Of PUBLIC WORKS OPERATiONS CHANGE ORDER NO. 2/FINAL CONTRACT: FIRST AVENUE ADA IMPROVEMENTS CONTRACTOR: MJC CONSTRUCTION, INC. Date June 9, 2006 File No. 0735-10-STL317A The following changes shan be made to the referenced contract, per Resolution No. 2006-064, dated March 7, 2006, between the CITY OF CHULA VISTA and MJC CONSTRUCTION. INC. A Increase in Quantities . Due to differences between design measurements and actual construction Bid Item Approved Revised Increased Unit Unit Total No. Description OTY OTY OTY Tvoe Cost Increase 1 AsDha!t concrete and seal coat 35 43.03 8.03 TON $200.00 $1.606.00 2 Crushed aaare ate base 35 43.6 8.60 TON $70.00 $602.00 4 pce monolithic - 8' curb 26 46.5 19.5 LF $75.00 $1.462.50 5 Curb and gutter - 6" curb 21 25.5 4.5 LF $50.00 $225.00 6 Curb and qutter - 7" curb 26 26.5 0.5 LF $40.00 $20.00 7 pce slabwork - 4" 235 372.5 137.5 SF $10.00 $1,375.00 8 Drivewav 6" thick 500 663.5 163.5 SF $15.00 $2.452.50 SUBTOTAL AMOUNT INCREASE (A): $7,743.00 B. Decrease Quantities: The adjustments are due to conflicts between design and field conditions, and are based on actual quantities Bid Item Approved Revised Decreased Unit Unit Total No. Descriotion OTY OTY OTY Tvpe Cost Decrease 9 Cross autter was modified to a Tvoe 'K' 590 473 -117 SF $18.00 1$2.106.00 SUBTOTAL AMOUNT DECREASE (B): ($2,106.00) C. Additional Items: Due to design change New Unit Unit Additional No. Description OTY Type Cast Tatal StemwaH and biobarrier at landscaoe slaDe on First Avenue 1 EA $1,400.00 $1,400.00 SUBTOTAL AMOUNT INCREASE (C): $1,400.00 CHANGE ORDER NO.2 NET INCREASE: $7,037.00 ORIGINAL CONTRACT AMOUNT: PREVIOUS CHANGE ORDERS: CHANGE ORDER NO. 2 INCREASE TO CONTRACT: TOTAL CONTRACT AMOUNT: $55,440.00 $2,600.00 $7.037.00 $65,077.00 This contract change order will add no (O) Working Days to contract. The agreed.upon total days and price included aU costs for furnishing all tools, labor, materials. equipment, incidental costs and fees for performing the work in this contract change and no additional compensation will be ue. It is agreed by the undersigned that this work shall be performed and materials fUrl'~ished in accordance w' the original (base) contract, Green Book specifications and applicable standard drawings. po~ Richard Hopkins Ass!. Director of PW OPS APPROVED BY Dave Byers Director of PW OPS 1800 Maxwell Rd. Chula Vista, CA 91911 Phone (619) 397-6000 9-4 ~1Ie, PRIDE AT WORK www.chulavista.gov i~, Post.Cor..um"" Re<;yd..d Pap8l" RESOLUTION NO. 2006-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING CITY STAFF'S ACTION ON APPROVING CHANGE ORDER NO. 2 WITH MJC CONSTRUCTION TO COMPLETE THE "ADA PEDESTRIAN RAMPS, INTERSECTION OF FIRST A VENUE AND KEARNEY STREET, IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. STL-317 A)" PROJECT. WHEREAS, on March 7, 2006, the City Council approved Resolution No. 2006-064, which awarded a contract to MJC Construction for the "ADA Pedestrian Ramps, Intersection of First Avenue and Kearney Street, in the City ofChula Vista, California (CIP No. STL-317A)" project; and WHEREAS, per Resolution 2006-064, COlillcil awarded a base contract in the amount of $55,440.00, awarded an Additive Alternate I contract in the amount of $7,110.00, and approved construction contingencies in the amount of $6,755.00; and WHEREAS, during the course of said project construction, staff approved Change Order No.2, which added an item of work and adjusted the quantities of various items of work ITom what was original1y proposed for the project at the time of award; and WHEREAS, adding items of work and/or adjusting quantities during the course of construction is a typical event that occurs when field conditions observed warrant such modifications to what was original1y planned; and WHEREAS, changes and/or additions are typical1y paid ITom the contingency funds approved at the time of project award and are approved at the stafflevel. At times, however, change orders exceed the 1imitations of staff level (Director of Public Works) approval solely and require City Council ratification in accordance with City COlillcil Policy No. 574-01; and WHEREAS, the net increase in project costs with the additional work item and quantity adjustments for Change Order No.2 (Attachment B) was $7,037.00; and WHEREAS, Change Order No. I was valued at $2,600.00 and was approved by the Director of Public Works and did not require City COlillcil ratification per City COlillcil Policy No. 574-01. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve Change Order No.2, valued at $7,037.00, with MJC Construction to complete the "ADA Pedestrian Ramps, Intersection of First Avenue and Kearney Street, in the City ofChula Vista, California (CIP No. STL-3 17 A)" project. Presented by Approved as to form by ~~~NJ\~~~\ Ann Moore " City Attorney Jack Griffin Director of General Services M:\Gencrnl Scrvices\GS Administrotion\Council Agcnda\STL-317 A\STLJ i 7;1 Rcso for Change Order 2.doc 9-5 COUNCiL AGENDA STATEMENT I." Item '-' Meeting Date 8/1/2006 ITEM TITLE: Public Heann'o( to consIder testImony for FY 2006/2007 levy of assessments and collection against those assessments for City Open Space District I and Eastlake Maintenance Dlstrict No. I. Resolution Levying the assessments and collectibles for Open Space District I and Eastlake Maintenance District No. I. SUBMITTED BY: ActIng Director of Eng7ring'-Ji? Interim City Manager j I (4/5ths Vote: Yes_No..K) REVIEWED BY: This is one of three (3) companion agenda items to the primary Open Space assessments agenda item, which provides all general background infomlation and detail on the proposed Open Space District assessments for FY 2006/2007. The present item includes information specific to Open Space Dlstrict 1 and Eastlake Maintenance District No. I. RECOMMENDATION: That Council conduct the public hearing and adopt the resolutJOn levYIng the assessments and collectibles for Open Space District 1 and Eastlake Maintenance District No. I. BOARDS/COMMISSIONS: N/A DISCUSSION: Open Space District I is located between East H Street and Telegraph Canyon Road, east of Paseo Ranchero (Attachment I). Eastlake Maintenance District No. I is a large open space district consisting of Eastlake Hills, Shores, and Telegraph Canyon Channel, which was originally part of Eastlake's projects (Attachment I). Because this is a large district of various developments and not all of the items to be maintained have a benefit to ilie entire district, ilie district is made up offive (5) zones as indicated in Table I, below. Note iliat most open space within Eastlake I and Eastlake Greens is privately maintained by homeowners' associations. On the other hand, all of the open space in Salt Creek 1 is maintained by the Open Space District. Table 1. Eastlake Maintenance District No, 1 Zones Eastlake Maintenance District No.1 Otay Lakes Road Zone A - Eastlake I Zone B - Eastlake Greens Zone C - Olympic Training Center Zone D - Salt Creek I Zone E - Telegraph Canyon Channel 10-1 Page 2, Item ~ Meeting Date 08/0112006 The City of Chula Vista Municipal Code makes the distinction between the assessment and the amount that the City may collect against the assessment (i.e., the collectible). The assessments for FY 2006/07 are proposed at the FY 2005/06 amounts adjusted by the II1rlation factor of 3.66% pursuant to the Municipal Code. (The inflation factor IS based upon the lower of two separate, published intlation factors.) [n the mid-1990's (and for all Open Space Districts established after that date), Council approved the assessments with an inflation factor. Since that date, Council may annually increase the assessment by this inflation factor without this increase being subject to a protest vote under Proposition 218. The collectible, on the other hand, is the amount to be actually collected ITom the property owner and is equal to, or lower than, the proposed assessment. As detailed in Attachment 2, the collectible is based on the budget, the reserve requirement, savings and fund balances, earned interest, and prior years' savlngs. Table 2, below compares the current year's assessment to the proposed assessment for FY 2006/2007. Table 2, Historical and Proposed FY 2006/07 Assessments/Collectibles Open Space District Proposed or Zone FY 04105 FY 05/06 FY 05/06 FY 06107 1 $ 103.43 $ 107.21 $ 100.00 $ 86.00 $ $ 56,913.94 ELMD NO.1 Glay Lakes Rd (2) n/a n/a n/a $ 2.00 0.50 25% $ 31,716.75 Zone A - Eastlake I $ 11.47 $ 11.89 $ 12.32 $ 11.80 0.50 4% $ 108,354.39 Zone 8 . Eastlake Greens $ 18.741 $ 19.42 $ 20.13 $ 14.60 (3,60)1 -25% $ 37,151.18 Zone C - Gly Training Clr $ 155.231 $ 160.90 $ 166.79 $ 2.00 9.001 450% $ 5,500.00 Zone 0 - Salt Creek I $ 207.041 $ 214.60 $ 222.45 $ 214.00 8.001 4% $ 93,994.80 Zone E - Tel C n Chnl (3) $ 29.52 $ 30.60 $ 31.72 $ 19.00 7.00 37% $ 9,802.26 Total $ 343,433,32 (1) Assessment may be set at or below this amount without being subject 10 a vote and majority protest. m Zones A - 0 share in the cost of Otay Lakes Road medians and off-site parkways. Collectible and projected revenue for Gtay lakes Road are refiected in cotlectible and projected revenue for Zones A-D. (3) Portions of Eastlake I and Eastlake Greens are In Ihis benefit area. Reserves While staff recommends using savings ITom prior years when necessary to supplement collections, it is important to note that staff also strives to maintain at least a 50% reserve, The Municipal Code allows reserves between 50%-100%, A minimum of 50% reserve is needed to provide the funds to pay for costs during the fIrst six months of the fIscal year before the collectibles have been paid via the fIrst installment of the tax bilL Reserves in excess of 50% are used, in part, to maintain as stable a collectible as practicable while retaining suffIcient funds to offset future anticipated increases, Reserves also allow the City to return excess funds to property owners in the form of a lower collectible, Table 3 outlines the recommended reserve amount for Open Space District No, I and Eastlake Maintenance District No, I, 10-2 Page 3, Item ~ Meeting Date 08/01/2006 Table 3. Historkal and Proposed FY 2006/07 Expenditure Budget/Reserve Budget Open Space District Max Assess District Surplus / Pro posed Increase / or Zone Revenue Budget Shortfall FY 05/06 FY 06/07 Decrease $ 73,084.64 $ 63,177 00 $ 9,907 64 85% 100% 15% ELMO NO.1 -----.. 7iT------ Ota I_a~,es Rd (11 n/a $ 28,66771 n/a _.. 80% 80% 0% Zone A . Eastlake I $ 108,530.58 $ 118,399.00 $ 9,868.42) 85% 46% -39% Zone B . Eastlake Greens $ 67,986.66 $ 46,365.00 $ 21,621.66 100% 100% 0% Zone C. 01 Trainln Clr $ 83,395.00 $ 1,593.00 $ 81,80200 70% 100% 30% Zone D . Sail Creek I $ 94,185.33 $ 98,120.00 $ 3,934.67) 32.5% 56.5% 24% Zone E. Tel C n Chnl121 $ 11,958.76 $ 8,420.00 $ 3,538 76 72% 100% 28% Total $ 439,140.97 $ 364,741.71 $ 103,066.97 A vera e $ 73,190.16 $ 52,105.96 $ 17,177.83 74.93% 83.21% 8.29% NOTICE: The public hearings were noticed pursuant to Government Code 6061, which requires that notice be published in a newspaper general of circulation at least 10 days before the public hearing. Plans, specifications, and assessment rolls are on file in the Engineering Department RESOLUTION: Approval of the resolution approves the levy of assessments and collectibles as recommended. CONFLICT OF INTEREST: Staff has reviewed the property holdings of the City Council and has found a conflict, in that Council Member John McCann has holdings within 500' of the Districts that are the subject of this action. FISCAL IMPACT: The full cost of providing maintenance services in these Districts totals $364,741.71. This entire amount is recovered through the OSD collectible and reserves, as detailed on the District Cost Summary worksheets (Attachment 2). Attachments: I. District Maps 2. Cost Summaries 10-3 " ~ II ~.~llf~j ~~~I "- ~ ~iIII' ~~-:-'?\~. ..' S:~ffil~~.! ~~-!~. -~~E \~C '1::::t::Jq:::J. ~ ;-">L~'~ ~ i\ " "3 ?~ ~ :i! '.G E IS ~ ~;::; ~ '~ ;<~:~ ~ w \~_~' . -\'"lr",~) -~~.F!; .:..; . I ~. ~~~&~~ =11= 0 ~ ~'< ow U I ~ ',0(, "'" ~ U C ~~ f'iX0" , ~ ~j~ ~;\IJ ~~I ~ ~ "..~ ffi1$(L~~~ ~\ p "'~ ~\ '''" I'D ~ ",,' ,. . " Oil ,~'" \, J,= ~ :. ~ ~~~~~6~1~;:( J\CV. ~ ~"I: ~~~ 0 "ff' c='7j'e'%\\! -I "'" "" ~E Co~ "'-~ 1 ' .. ~ I""' ~\ I- ' "^"' r, 921. (~ li',~ & ~ ~ ~' . . . 1!! ~:;;-o~",," ~ ~ \ \. 9~ ,'f: "~I<.. t:: P \i i\!im'J M!J!1J '0i ~\'\\\II'R ~ '" \ ~ i1!1!!J f" 1m ~=\io . EJ8> c ~l~~ A~~ EfEr:;~ z :! ...= ~ 'C;I:;: ~ :g ~ / ~rf ~ "~~ ~. ~ \ ~ II ;- ~~~"a ~ f .- D ! ~~ ~RSY~'0M .... ~';~1~~ ~". ~ cn~~r ..~~ i~w~~ ~ . )i .. \S ~ ~~" r $~DB j ()JJl = ":= ~ ;1: ~ 4'1) ...." :'~ \ J<k. ~ :.J, ~ ~ ::::: \\; ~~-::.: :: 8 -::: '\ ~- W-w.H+K:l ~ E €j 11iiu.c . 9~'~ I if )' 1~~ \ ~~~ jJ.~ I ~~~ l,.1.CJJ.'1IJ 1 ~ t\V ';:::L:::8--1r: :::: . ~ ~~Ijl~> ~j"1JI6~ Q) U c: tS c: ~ .... ~~ Q)=II: ~ioa ,g~ ..~t; ~~~ t ~i '" ~ ~ ::i I-' ~ c ~ ~ W II:: a.. ill ~ ATTACHMENT 2- CITY OF CHULA VISTA OSD 1 (EI Rancho del Rey Units 1-4) 2006/07 Fiscal Year District Cost Summary ~,~" ~~~ '''''''-'''~~"~'>~~'fT' ~C' .....O~(O"tA'" ...," "-""_1W",'.="1I'.~ '~["""''''''''':E''',,".r= ~,' _~ ~~" _~'" ~t~,WO~~'~~I!L;q ~ '~"-',.,_:~:'~ ,1..,.: "'1 VI] mou..ft, _~~ ~;~~~~~u~ NZ: ::::;:~uv-.''F:~lJount e~Ll! Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer' Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0,00 71600 1 ,400 00 23,591,00 770 00 11,217,00 19,426 00 980 00 1,04000 0,00 1,900,00 1,61000 0,00 0,00 527 00 0,00 0,00 $63,177.00 $000 71600 1,400 00 23,591 00 770 00 10,89100 18,65227 980 00 1,04000 0,00 1,600 00 1,61000 000 0,00 53100 0,00 0,00 $61,781.27 $0,00 716,00 1,400,00 23,59100 770 00 10,323,00 17.390 00 980,00 1,04000 0,00 1,600,00 360,00 0,00 0,00 580 00 0,00 0,00 $58,750.00 Reserve Requirement (1) $63,171.00 $52,514,08 $49,937,50 Reserve Percent 100% 85% 85% Special Reserve 0,00 000 0,00 Fund Balance (2) 69,56400 48.501,82 60.923,00 Net Assessment (3) $56,790.00 $65,793.53 $47,764.50 Equivalent Dwelling Units (EDU's) 661.79 657,65 661.79 Collectible/EDU $85,81 $100,04 $12.17 Percent change from prior year -14% 39% -26% COLLECTIBLE. even $ amount Revenue from even dollar payment ASSESSMENT Assessment with CPI (4) BUdgetlEDU Percent change from prior year $86.00 $56,913,94 , n [ " 2% $100.00 $6~ $1G7.21 , $111.13 $93.94 " 6% $47,649,00 , $107,21 I,' '",' 4% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 10-6 CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Otay Lakes Road) 2006/07 Fiscal Year District Cost Summary Equivalent Dwelling Units (EDU's) ,. .. . $000 $0.00 $000 000 0.00 000 000 000 000 000 0.00 000 000 0.00 000 000 000 000 28,667 71 28,66771 35,000.00 000 0.00 0.00 000 000 000 000 000 0.00 000 0.00 0.00 000 0.00 000 000 000 0.00 000 000 0.00 000 000 0.00 0.00 0.00 0.00 000 0.00 0.00 $28,667.71 $28,667.71 $35,000.00 $22,934.17 $22,934.17 $21,700.00 80% 80% 62% 0.00 0.00 0.00 20.059.28 26.324.60 26.255.00 $31,542.60 $25,277.28 $30,445.00 12,686.70 12,686 70 12,686.70 $2.49 $1.99 $2.40 25% -17% 40% Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow CerlificatJon Professional Services Supplementals Other Commodities Advertising Transfer' Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost Reserve Requirement (1) Reserve Percent Additional Reserve Fund Balance (2) Net Assessment (3) Collectible/EDU Percent change from prior year Percent change from prior year 0% -18% 2% COLLECTIBLE - even $ amount (4) . Revenue from even dollar payment ASSESSMENT Assessment with CPI (5) $31,716.75 $2,00 $25,373.40 $2.49 $2.58 (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) This amount is reflected in the amounts for Zone A - Zone D. (5) CPI Change for FY 2006/2007 = 3.66% 10-7 CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Zone A) 2006/07 Fiscal Year District Cost Summary I. ,j, $0.00 1,637 00 280 00 35,651 00 1,450.00 22,34000 49,608.00 800 00 1,00000 000 950.00 3,550.00 000 0.00 1,133.00 000 0.00 $118,399.00 $000 1,637 00 28000 35,651 00 1 ,450 00 21,69000 18,98621 800 00 750.00 000 800 00 3,550 00 0,00 0.00 1,13700 0,00 0.00 $86,731.21 $0.00 1,637,00 280 00 35,651 00 1,450.00 20,55900 23,180.00 800 00 750,00 0.00 800.00 360,00 0.00 0.00 1,21600 0,00 0.00 $86,683.00 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $54,46354 46% 0.00 86,923.38 $85,939.16 $73,721,53 85% 0,00 74,381,36 $86,071.38 $66,745,91 77% 0.00 68,24900 $85,179.91 Equivalent Dwelling Units (EDU's) 8,809 30 8,642,68 9,828,60 Otay Lakes Rd Collectible / EDU $2,50 $2.00 $2.40 CollectiblelEDU Percent change from prior year $1226 2% $11,96 8% $11,07 40% COLLECTIBLE.- ev!in $ amount Revenue from even dollar payment ASSESSMENT. Assessment with CPI (4) BudgetlEDU Percent change from prior year 28% $11,80 $101,983,62 $11.89 $12,32 $12.29 6% $108,114,60 $108,35439 $11.89 $11.58 2% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPt Change for FY 2006/2007 = 3,66% 10-8 CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Zone B) 2006/07 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professional Services Su pplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $000 $000 1,228 00 1,228 00 000 000 16,802.00 16,80200 400 00 400 00 8,39400 8,15000 14,685 00 14,105.28 240.00 240 00 700 00 500.00 0.00 000 0.00 000 3,511.00 3,51100 0.00 000 0.00 000 405 00 380 00 0.00 000 0.00 000 $46,365.00 $45,316.28 $46,365 00 $45,31628 100% 100% 000 0.00 64.256.70 48,256.32 $28,473.30 $42,376.24 3,377.38 3,377.38 $2.50 $2.00 $10.93 $14.55 -25% 4% $000 1 .228 00 000 16,80200 400 00 7,725 00 14,99000 240 00 500.00 000 0.00 360 00 000 0.00 41800 000 0.00 $42,663.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $30,290.73 71% 0.00 33.627.00 $39,326.73 Equivalent Dwelling Units (EDU's) 3,376.90 Otay Lakes Rd Collectible I EDU $2.40 Collectible/EDU Percent change from prior year $14.05 24% COLLECTIBLE -even $ amount Revenue from even dollar payment Assessment with CPI (4) BUdgetJEDU . . Percent change from prior year $15.99 2% $20.13 $15.68 2% $14.00 $47,27660 $18.14 $19.42 $15.39 2% $37,151.18 $49,309.75 (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve ~ Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 10-9 CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Zone C) 2006/07 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Matenals to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer' Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) Otay Lakes Rd Collectible / EDU Collectible/EDU Percent change from prior year COLLECTIBLE -even $ amount Revenue from even dollar payment Assessment with CPI (4) Percent change from prior year t f ~ J ' , $0.00 $000 $000 13600 13600 13600 000 000 000 979 00 979.00 979 00 4000 4000 4000 27400 266.00 . 252.00 000 000 000 5000 50.00 5000 10000 10000 10000 000 0.00 0.00 000 0.00 000 100 1.00 0.00 0.00 0.00 000 0.00 0.00 000 13 00 14.00 1600 0.00 0.00 000 0.00 0.00 0.00 $1,593.00 $1,586.00 $1,573.00 $1,59300 $1,110.20 $990.99 100% 70% 63% 0.00 0.00 0.00 (981.73) 3,27633 1.265.99 $4,167.73 $0.00 $1,298.00 500 00 500 00 500.00 $2.50 $2.00 $2.40 $10.84 $2.00 $5.00 442% -60% 21% $5,500.00 $160.90 $5,90 2% $2,500.00 $5,45 0% -8% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 10-10 CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Zone D) 2006/07 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materrals to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 $000 $0.00 1,228.00 1,228.00 1,228 00 280 00 280 00 280 00 41,00700 41,00700 41,00700 1,52000 1,52000 1,520.00 19,86400 19,28500 18,280.00 27,142.00 26,07288 27,689.00 0.00 000 0.00 4,600.00 16,10000 16,100.00 000 0.00 000 475.00 400.00 400.00 1,056.00 1,056.00 360.00 0.00 000 0.00 000 000 0.00 948.00 970 00 1,074.00 0.00 000 0.00 0.00 0.00 0.00 $98,120.00 $107,918.88 $107,938.00 $55,437.80 $35,073.64 $50,191.17 56.5% 32.5% 47% 0.00 0.00 0.00 60,340.80 53.23496 71 ,365.34 $93,217.00 $89,757.56 $86,763.83 423.40 423.40 423.40 $2.50 $2.00 $2.40 $222.66 $213.99 $207.32 4% 3% 28% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) Otay Lakes Rd Collectible I EOU Collectible/EDU Percent change from prior year COLLECTIBLE - even $ amount Revenue from even dollar payment $93,994.80 $222.45 -9% $90,607.60 $214.60 $222.45 . $257,15 0% $87,64380 Assessment with CPI (4) BudgatlEDU Percent change from prior year $214.60 2% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 10-11 CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Zone E) 2006/07 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 0.00 000 0.00 0.00 1,309.00 6,080.00 000 0.00 0.00 0.00 962.00 0.00 0.00 69.00 000 0.00 $8,420.00 $000 0.00 000 000 000 1,27100 000 000 000 000 000 962.00 0.00 000 65.00 0.00 6080.00 $8,378.00 $0.00 0.00 000 0.00 0.00 1,20500 0.00 0.00 000 000 0.00 0.00 0.00 0.00 7500 000 6 080.00 $7,360.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $8,420.00 100% 45,028.00 52,205.63 $9,662.37 $6,03216 72% 38,948.00 45.762.79 $7,595.37 $4,857.60 66% 32,868.00 37.517.00 $7,568.60 Equivalent Dwelling Units (EDU's) 377.01 377.01 397.11 Collectible/EDU Percent change from prior year $25.63 27% $20.15 6% $19.06 328% COLLECTIBLE - eVen $ amount Revenue from even dollar payment ASSESSMENT Assessment with CPI (4) Percent change from prior year 1% $19.00 $7,163.19 $30.60 $31.72 $22,22 20% $7,545.09 $29,52 $30.60 $9,802.26 2% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve. Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 10-12 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE DISTRICT NO.1 AND EASTLAKE MAINTENANCE DISTRICT NO.1 WHEREAS, prior to the adoption of this resolution, the City Council caused the formation of various districts under and pursuant to state law; and WHEREAS, pursuant to Article 4, Chapter I, part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, NBS Government Finance Group, DBA NBS has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and WHEREAS, on July 18, 2006, Council approved these reports and set August 1, 2006 as the date for the public hearing; and WHEREAS, the proposed assessment for Fiscal Year 2006/2007 is as follows: Open Space District or Zone FY 1J.4I05 FY 05/06 $ 103.43 $ 107.21 FY 05/06 $ 100.00 Proposed FY 06/07 $ 86.00 $ 56.913.94 1 ELMO No.1 Olay Lakes Rd (1) Zone A - Easllake I Zone 8 - Easllake Greens Zone C - Oly Training Ctr Zone D - Salt Creek I Zone E - Tei C n Chnl (2) nla nla nla $ 2.00 $ $ 11.80 $ $ 14.60 $ $ 2.00 $ $ 214.00 $ $ 1900 $ 2.50 $ 12.30 $ 11.001$ 11.00 I $ 222.00 I $ 26.00 $ 0.50 25% $ 31,716.75 0.50 4% $ 108,354.39 (3.60JI -25% $ 37.151.18 9.001 450% $ 5.500.00 8.00 I 4% $ 93,994.80 7.00 37% $ 9,802.26 Total $ 343,433.32 (1) Zones A - D share in the cost of Olay Lakes Road medians and off-site parkways. Collectible and projected revenue for Otay Lakes Road are reflected in collectible and projected revenue for Zones A-D. (2) Portions of Eastlake I and Eastlake Greens are in this beneflt area. $ 11.47 $ $ 18.741$ $ 155.231$ $ 207.041 $ $ 29.52 $ 12.32 20.13 166.79 222.45 31.72 NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance Districts herein referenced that the City Council of the City of Chula Vista does hereby find that written protests against the proposed assessment have not been made by owners representing more than one-half of the area of land to be assessed from the improvement; confirm the diagram and assessment contained in the Engineer's Report; and order the open space and maintenance facilities to be maintained. The adoption of this resolution constitutes the levy of assessments and collectibles as proposed in the Engineer's Report for the 2006/2007 fiscal year and sets forth hereinabove for Open Space District I 10-13 Presented by Leah Browder Acting Director of Engineering Approved as to fonn by ~ {{~-- Ann Moore City Attorney 10-14 COUNCIL AGENDA STATEMENT it Item , Meeting Date 8/1/2006 ITEM TITLE: PublIC Heanng to consIder testImony for FY ~006l~fl07 le\ y of assessments and collection against those assessments for City Open Spac<c District 18. Resolution Space Distrrct 18. Levying the assessments and collectibles for Open SUBMITTED BY: Acting Director of Engineerin~ ~. REVIEWED BY: Interim CIty Manager rJI (4/Sths Vote: Yes_No~ This is one of three (3) companion agenda items to the primary Open Space assessments agenda item, which provides all general background information and detail on the proposed Open Space District assessments for FY 2006/2007. The present item includes information specific to Open Space District 18. RECOMMENDATION: That Council conduct the public hearing and adopt the resolution levying the assessments and collectibles for Open Space District 18. BOARDS/COMMISSIONS: N/A DISCUSSION: Open Space District 18 is located at the east end of East Naples Street (Attachment 1). Table 1, below compares the current year's assessment to the proposed assessment for FY 2006/2007. Table 1. Historical and Proposed FY 2006/07 Assessments/Collectibles Open Space District or Zone FY 04105 FY 05106 18 $ 360.45 $ 373.61 FY 05/06 $ 253.00 $ 83,955.00 111 Assessment may be set at or below this amount without being subject to a vote and majority protest. The City of Chula Vista Municipal Code makes the distinction between the assessment and the amount that the City may collect against the assessment (i.e., the collectible). The assessments for FY 2006/07 are proposed at the FY 2005/06 amounts adjusted by the inflation factor of 3.66% pursuant to the Municipal Code. (The inflation factor is based upon the lower of two separate, published inflation factors.) In the mid-l990's (and for all Open Space Districts established after that date), Council approved the assessments with an inflation factor. Since that date, Council may annually increase the assessment by this inflation factor without this increase being subject to a protest vote under Proposition 218. The collectible, on the other hand, is the amount to be actually collected from the property owner and is equal to, or lower than, the proposed assessment. As detailed in Attachment 2, the collectible is based on the budget, the reserve requirement, savings and fund balances, earned interest, and prior years' savmgs. 11-1 Page 2, Item 11- Meeting Date 08/01/2006 Reserves Whlle staff recommends using savings li'om pnor years when necessary to sllpplement collections, it is important to note that staff also strives to maintain at least a 50% reserve. The Municipal Code allows reserves between 50%-100%. A minimum of 50% reserve is needed to provide the funds to pay for costs during the first six months of the fiscal year before the collectibles have been paid via the first installment of the tax bill. Reserves in excess of 50% are used, in part, to maintain as stable a collectible as practicable while retaining sufficient funds to offset future anticipated increases. Reserves also allow the City to return excess funds to property owners in the form of a lower collectible. Table 2 outlines the recommended reserve amount for Open Space District No. 18 Table 2. Historical and Proposed FY 2006/07 Expenditure Budget/Reserve Budget Open Space District or Zone '-. . & ..',n'diture B;;'iti, et" ; . , : Rese~e B~d<. at %" ,'; Max Assess Revenue 168,466.80 $ District Budget 115,51000 $ Surplus I Shortfall 52,956.80 FY 05106 100% Proposed FY 06107 100% Increase I Decrease 0% 18 $ NOTICE: The public hearings were noticed pursuant to Government Code 6061, which requires that notice be published in a newspaper general of circulation at least 10 days before the public hearing. Plans, specifications, and assessment rolls are on file in the Engineering Department. RESOLUTION: Approval of the resolution approves the levy of assessments and collectibles as recommended. CONFLICT OF INTEREST: Staff has reviewed the property holdings of the City Council and has found a conflict in that Council Member Steve Castaneda has holdings within 500' of the District that is the subject of this action. FISCAL IMPACT: The full cost of providing maintenance services in this district totals $115,510.00. This entire amount is recovered through the OSD collectible and reserves, as detailed on the District Cost Summary worksheets (Attachment 2). Attachments: 1. District Maps 2. Cost Summaries 11-2 o %~~~t~ ~~. " i;:::= H" ~-V)~" ~. 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'\f~ ~\ ~~ 0:: ~ \:: 'f''L '" :i! g ~ ~ It= OJ ~ ""!;C L1J c If ) CITY OF CHULA VISTA OSD 18 (Rancho del Sur) 2006/07 Fiscal Year District Cost Summary ATTACHMENT 2- Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Matenals to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer' Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost Percent change from prior year $000 $0.00 996 00 996 00 000 000 40,35900 40,359.00 5,17000 5,170.00 24,30300 23,595.00 38,734 00 37,207.92 986 00 986.00 1,200 00 1,200.00 000 0.00 1,32500 1,200.00 1,23000 1,230 00 000 0.00 000 0.00 1,207 00 1,209.00 0.00 0.00 0.00 0.00 $115,510.00 $113,152.92 $115,510.00 $113,152.92 100% 100% 0.00 0.00 147.14800 116.256.72 $83,872.00 $110,049.12 435.00 435.00 $192.81 $252.99 -24% -17% ;$19~'IIQ $2$:3,;00 $83,95500 $110,055.00 $3117.211 $387.28 $26$;$4' 2% -15% $000 996 00 000 40,35900 5,170 00 22,36500 58.775 00 986 00 1,200.00 000 1,200 00 480 00 000 0.00 1,328 00 0.00 0.00 $132,859.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $93,001.30 70% 0.00 93,315.00 $132,545.30 Equivalent Dwelling Units (EDU's) 435.00 Collectible/EDU Percent change from prior year $304.70 14% COLLECTIBLE. even $ amount Revenue from even dollar payment ASSESSMENT Assessment with CPI (4) $132,675.00 $373.61 3% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 11-4 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE DISTRICT NO. 18 WHEREAS, prior to the adoption of this resolution, the City Council caused the fomlation of various districts under and pursuant to state law; and WHEREAS, pursuant to Article 4, Chapter I, part 2 of Division i5 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, NBS Government Finance Group, DBA NBS has prepared and filed the annual reports for all existing Open Space Maintenance Districts in the City; and WHEREAS, on July 18,2006, Council approved these rcports and set August 1,2006 as the date for the publtc hearing; and WH EREAS, the proposed assessment for Fiscal Y car 2006/2007 is as follows: 05D18 $ 83,955.00 FY 04105 FY 05/06 FY 06/07 FY 05/06 FY 06/07 Rancho del Sur $ 360.45 $ 373.61 $ 387.28 $ 253.00 $ 193.00 NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance Districts herein referenced that the City Council of the City of Chula Vista does hereby find that written protests against the proposed assessment have not been made by owners representing more than one-half of the area of land to be assessed from the improvement; confirm the diagram and assessment contained in the Engineer's Report; and order the open space and maintenance facilities to be maintained. The adoption of this resolution constitutes the levy of assessments and collectibles as proposed in the Engineer's Report for the 2006/2007 fiscal year and sets forth hereinabove for Open Space District 18 Presented by Approved as to form by Leah Browder Acting Director of Engineering ~~. tL ~v~-k Ann Moore City Attorney 11-5 COUNCIL AGENDA ST A TEIVIENT Item Id-__ Meeting Date 8/1/2006 lTEM T1TLE: Public Hearing to consider testimony for FY 2006/2007 levy of assessments and collection against [hose assessments for City Open Space Districts 2 through I l, 14, 15, 17,23, 24, 26, 31 and 33, Bay Boulevard, and Town Centre Maintenance Districts. Resolution Levying the assessments and collectibles for Open Space Dlstricts.2 through I L 14, 15, 17,23,24,26,31 and 33, Bay Boulevard, and Town Centre iVLuntenance Districts. SUBMITTED BY: Acting Director of Engineering# ~ Interim City Manager I' (4/5ths Vote: Yes_No X) REVIEWED BY: On July 18,2006, the City Council set the public hearings for the levy of assessments for the City's Open Space Districts and Town Centre Maintenance Districts. The City administers and maintains thirty-six (36) Open Space Districts and associated zones that have been established over the last thirty years. The Districts provide a financing mechanism to maintain the public open space areas associated with eaeh particular development The levy of the annual assessment for FY 2006/07 enables the City to collect sufficient funds to provide these ongoing services. The City Council's approval of the levy is required by the first week of August in order to meet the deadlines established by the County Tax Assessor. This year's process has included discussion of the impacts of Proposition 218 and potential service increases in order to expand brush management efforts to enhance fire safety, RECOMMENDATION: That Council conduct the public hearing and adopt the resolution levying the assessments and collectibles for Open Space Districts 2 through II, 14, 15, 17,23,24, 26, 31 and 33, Bay Boulevard, and Town Centre Maintenance Districts. BOARDS/COMMISSIONS: N/A DISCUSSION: Open Space Districts (OSD's) were established in conjunction with each particular development to ensure financing for the perpetual maintenance of common open space areas. OSD's provide a mechanism for the City to levy an annual assessment and collectible to cover the costs of maintenance associated with each OSD. Once City Council approves the annual collectible amount, it is sent to the County for inclusion on the tax bilL Each year Council must take two actions before levying the annual assessment First, Council approves the Engineer's Report on Open Space Districts, declares its intention to levy the annual assessment, and sets the date and time for a public hearing. This action was taken on July 18,2006. Tonight's action is to conduct the public hearing, take and consider public testimony, and levy the annual assessment and set the amount to be collected against the assessment Pursuant to state law and the Municipal Code, the City Engineer has prepared and filed annual reports for all existing Open Space Districts that are included as Attachments I and 2 to this report, The annual reports allow Council to review the history of the Open Space Districts. The report includes information regarding: 12-1 '/' Page 2, Item ~ Meeting Date 08/01/2006 . the proposed budgets . funds remaining in the account . the proposed assessment (based upon the prior year assessment plus an inflatIOn factor) . the collectible (the amount needed from each property owner to provide sufficient funds for the following fiscal year's maintenance) Table I lists the names and locations of the Districts, Table 1. Open Space Districts Within the City of Chula Vista OSD# Name Location 2 Lark Haven South and East of Lorna Verde Park 3 Rancho Robinhood Units 1 & 2 South of Allen School Lane 4 Bonita Ridge Camino Elevado north of Otay Lakes Road 5 South Bay Vilias North end of Crest Drive south of E Street 6 Hiiltop Vista Camino Vista Real north of Telegraph Canyon Road 7 Zenith Units 2, 3, and 4 North & South of Palomar, east of 1-805 8 Rancho Robinhood Unit 3 Surrey Drive southwest of Otay Lakes Road 9 EI Rancho del Rey Paseo del Rey, north of Telegraph Canyon Road 10 EI Rancho del Rey 6, Casa del Rey West of Paseo Ranchero - H & J Streets 11 Hidden Vista Village East H Street, east of 1-805 14 Bonita Long Canyon North of East H Street - Otay Lakes Road & Corral Canyon Road 15 Bonita Haciendas Canyon Drive, east of Otay Lakes Road 17 Bel Air Ridge Northeast of Paseo Ladera & East J Street 23 Otay Rio Business Park West of Heritage/Otay Valley Road, south of Otay Rio Road 24 Canyon View Homes Rutgers Avenue, south of East H Street 26 Park Bonita West of the intersection of E Street & Bonita Road 31 Telegraph Canyon Estates North of Otay Lakes Road, west of SR-125 33 Broadway Business Home Village West side of Broadway - J & K Streets - Bay Boulevard Maintenance District Bay Boulevard - E & F Streets - Town Centre Maintenance District Third Avenue - E & G Streets Improvements and Services The facilities and items to be maintained by the Open Space Districts consist, ill general, of the following: 1. Irrigation 2, Fertilization 3, Aerification 4, Pest control 5, Insect infestation control 6, Removal of weeds, trash and litter 7, Removal of noxious plant materials 8, Trail maintenance 9, Public walkway cleaning 10, Low flow and brow channel maintenance 11 , Weed abatement Proposition 218 12. Pond equipment and maintenance 13, Pedestrian light maintenance 14, Signage within trails/canyons 15, Pruning of trees and shrubs 16, Replacement of dead or diseased plant material 17, Repair of irrigation equipment 18, Irrigation equipment upgrades 19. Brush clearance 20. Encroachment trims 21. Fencing maintenance On November 5,1996, Proposition 218- the "Right to Vote on Ta.xes Act," was approved by a majority of voters in a general election and took effect on July 1, 1997. This proposition severely impacted the 12-2 Page 3, Item --LL Meeting Date 08/01/2006 formation of Open Srace Districts by the "1972 Landscaping & Lighting: Act." This impact stemmed from the burden placed on cities to show that parcels to be assessed rccci\cd a "special benefit."In addition, all future lt1crcases In the amount of the assessment require the approval by the property owners via a ballot procedure. The only exception to this requirement is the use of an lllt1ation fomlllla, approved by property owners during the formation of the district. This approach was adopted by the City, and is discussed in the '"Assessments & Collectible" section of this report. The passage of Proposition 218 added an additional layer to the procedllral requirements of the majority protest provisions rdated to assessments. To disapprove an assessment. prevlous law required a majority protest of property owners owning more than 50% of the assessable area, but did not require an election. Proposition 218 now requires that the agency mail a ballot to each property owner of record. Then, when the ballots are counted, the determination of majority protest IS based on the number of voters actually submitting ballots. In addition, Proposition 218 removed the ability of the legislative body to override a majority protest. Assessments & Collectibles The City of Chula Vista Municipal Code makes the distinction between the assessment and the amount that the City may collect against the assessment (i.e., the collectible). The assessments for FY 2006/07 are proposed at the FY 2005/06 amounts adjusted by the inflation factor of 3.66% pursuant to the Municipal Code. (The inflation factor is based upon the lower of two separate, published inflation factors.) In the mid-1990's (and for all Open Space Districts established after that date), Council approved the assessments with an inflation factor. Since that date, Council may annually increase the assessment by this inflation factor without this increase being subject to a protest vote under Proposition 218. The collectible, on the other hand, is the amount to be actually collected rrom the property owner and is equal to, or lower than, the proposed assessment. As detailed in Attachment 2, the collectible is based on the budget, the reserve requirement, savings and fund balances, earned interest, and prior years' savmgs. The proposed assessments and collectibles for FY 2006/07 are as follows: Table 2. Historical and Proposed FY 2006/07 Assessments/Collectibles .... ",.. ,." Open Space District .... . ,1'(9~~~e!f . PrQpdsed or Zone FY04lQ~ FYQ~IQ~ . FYCQ610H'l ~y Q~IQl 2 $ 47.98 $ 49.73 $ 51.55 $ 49.00 $ 51.00 $ 2.00 4% $ 12,699.00 3 $ 328,451 $ 340,441 $ 352.90 $ 340.00 1$ 352.00 $ 12.00 I 4% $ 44,704.00 4 $ 346.93 $ 359.591 $ 372.75 $ 356.00 1$ 36100 $ 5.00 I 1% $ 75,810.00 5 $ 338.30 1 $ 350.65 $ 363,48 $ 290.00 1$ 227.00 $ (63.00) 1 ~221% $ 27,694.00 6 $ 167.291 $ 173.40 I $ 179.74 $ 113.00 1$ 112.00 $ (1.00) 1 -1% $ 18,144.00 7 $ 116.871 $ 121.14 $ 125.57 $ 120.00 1$ 125.00 $ 5.00 I 4% $ 13,000.00 8 $ 533.881 $ 553.371 $ 573.62 $ 509.00 1$ 572.00 $ 63.001 12% $ 62,920.00 9 $ 151.311 $ 156.831 $ 162.57 $ 155.00 1$ 162.00 $ 7.00 1 5% $ 62,208.00 10 $ 102.111 $ 105831 $ 109.70 $ 105.00 1$ 109.00 $ 4.001 4% $ 71,762.33 11 $ 103.32 $ 107.09 $ 111.01 $ 75.00 $ 69.00 $ (6.00) -8% $ 91,151.76 14 $ 332.14 $ 334.26 $ 356.86 $ 343.00 $ 356.00 $ 13.00 4% $ 310,916.16 15 $ 318.66 $ 330.29 $ 342.38 $ 262.00 $ 240.00 $ (22.00) -8% $ 13,680.00 17 $ 152.531 $ 158.10 I $ 163.88 $ 102.00 1$ 82.00 1 $ (20.00) 1 -20% $ 3,772.00 12-3 Page 4, Item 12- Meeting Date 08/01/2006 Open Space District I Proposed Proposed Increase I ~ Projected or Zone FY 04105 I FY 05106 FY 06107 (1) FY 05106 FY 06107 Decrease $ i Revenue 23 $ 496.71 i $ 514.84 $ 533.68 $ 494.00 $ 533.00 I $ 39.00 ' $ 48,001.98 24 $ 617.55 $ 640.09 $ 663.52 $ 564.00 $ 483.00 $ (81.00) $ 19,320.00 26 $ 484.68 $ 502.37 $ 520.76 $ 283.00 $ 422.00 j $ 139.00 $ 8,018.00 31 $ 500.68 $ 518.95 $ 537.95 $ 270.00 $ 215.00 $ (55,00) $ 73,96000 33 $ 1,237.36 $ 1,282.52 $ 1,329.46 $ $ $ 0% $ Bay Boulevard (2) $ 2,867.30 I $ 2 971.96 , $ 3,080.73 $ 2,424.00 $ 3,061.00 $ 637.00 26% $ 19,559.79 Town Centre (3) , I - I $ 0.10 $ 011 $ 0.11 $ $ $ 0% $ Total $977,321.02 (1) Assessment may be set at Of below this amount without being subject to a vote and majority protest. (2) Bay Boulevard rates are based on acres. (3) Town Centre rates based on parcel square footage since FY 2001/2002. Reserves While staff recommends using savings from prior years when necessary to supplement collections, it is important to note that staff also strives to maintain at least a 50% reserve. The Municipal Code allows reserves between 50%-100%. A minimum of 50% reserve is needed to provide the funds to pay for costs during the first six months of the fiscal year before the collectibles have been paid via the first installment of the tax bill. Reserves in excess of 50% are used, in part, to maintain as stable a collectible as practicable while retaining sufficient funds to offset future anticipated increases. Reserves also allow the City to return excess funds to property owners in the form of a lower collectible. Budgets In general, most expenditure budgets have increased due to proj ected water rate mcreases and adjustments to City staff service costs as a result of cost ofliving increases. For several districts, costs for service requirements will exceed the amount of revenue that can be generated by the proposed assessment. For all but one of these districts/zones, the availability of sufficient reserves will ensure that the City will provide the required maintenance during FY 2006/07. Since the adoption of Proposition 218, the maximum assessment amount has been limited to the lesser of two approved indexes. Over the last several years, this limitation has resulted in maximum assessment revenues that fail to meet the approved and necessary expenditure budgets in several districts. As a result, the fund reserves have slowly eroded below preferred levels ranging from 50% to 100% as discussed in the "Reserves" section above. In some instances, sufficient one-time savings have been realized to slow this trend. However, the underlying trend remains and corrective action is required. Budgeted expenditures for maintenance of these districts will need to be reduced or the property owners will have to approve, by ballot, an increase in their assessments to cover expenditures. Table 3 outlines the recommended reserve amount for each district, and compares the district's expenditure budget with the maximum assessment for the district. 12-4 Page 5, Item -1.L Meeting Date 08/01/2006 Table 3. Historical and Proposed FY 2006107 Expenditure Budget/Reserve Budget Open Space District or Zone 2 3 4 5 6 7 8 9 10 11 14 15 17 23 24 26 31 33 Bay Boulevard Town Centre Total A vera e Other District Issues Max Assess Revenue $ 12,835.95 $ 44,818.30 $ 78,277.50 $ 44,344.56 $ 29,117.88 $ 13,059.28 $ 63,098.20 $ 62,426.88 $ 71,936.87 $ 146,648.65 $ 308,291.35 $ 19,515.66 $ 7,538.48 $ 48,063.22 $ 26,540.80 $ 9,894.44 $ 185,054.80 $ 47,860.56 $ 19,685.86 $ 56,387.32 $ 1,295,396.56 $ 64,769.83 District Budget 14,250.00 $ 52.760.00 ! S , 73,860.00 $ 36,817.00 $ 19,382.00 $ 14,166.00 $ 55,851.00 1$ 74,01500 $ 74,02000 $ 140,67800 $ 308,259.00 $ 18,415.00 $ 4,37900 $ 60,901.00 $ 24,113.00 $ 8,345.00 $ 113,636.00 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 13,687.00 $ $ 1,107,534.00 $ 61,529.67 Surplus I Shortfall (1,414.05) (7,941.70) 4,417.50 7,527.56 9,73588 (1,106.72) 7,247.20 (11,588.12) (2,083.13) 5,970.65 (32.35) 1,100.66 3,159.48 (12,837.78) 2,427.80 1,549.44 71,481.80 47,860.56 5,998.86 56,387.32 187,860.86 9,393.04 FY 05106 57% 22% 77% 96% 85% 62% 69% 44% 68% 100% 68% 100% 80% 80% 100% 100% 100% 0% 50% 0% Proposed FY 06107 75% 30% 100% 100% 100% 71% 92% 57% 83% 100% 83% 100% 100% 44.5% 100% 100% 100% 0% 100% 0% 67.90% 76.78% Increase I Decrease 18% 8% 23% 4% 15% 9% 23% 13% 15% 0% 0% 15% 20% -35.5% 0% 0% 0% 0% 50% 0% 8.88% Other districts of special note - Open Space District 33, and Town Centre - are discussed below. OSD 33: Open Space District 33, Broadway Business Homes, was formed several years ago in anticipation of development of the parcel. The project has not progressed and consequently there is no maintenance required. Each year staff recommends adjusting the assessment by the inflation factor and not collecting money against that assessment. Should the project develop in the future, staff would recommend collecting money for maintenance. Town Center LMD: A Downtown Property and Business Improvement District (PBID) replaced Town Centre Landscape Maintenance District (LMD) in 2001. At that time, it was anticipated that the Town Centre LMD would be dissolved. However, the City determined that there was some potential long-term exposure for the City based on the remote possibility that the current PBID might not receive sufficient support for re-approval in 2006 for its next five-year period. A public hearing was held on July 18, 2006, to determine if there were enough returned ballots to support the official renewal of the PBID. The PBID was approved for the next ten-year period. 12-5 Page 6, Item J.b.. Meeting Date 08/01/2006 To allow for flexibility given this district's connection to the PBlD. the Town Centre LMD is kept open as a "ghost" district. This means that the City will set the maximum assessment amount for the District on an annual basis. even though property owners will not be bi lied any sum on the tax roll. Should the PBID not be re-approved after this next ten-year period, the Town Centre LMD will be in place and provide the necessary funding mechanism for downtown landscape maintenance. The assessment amount FY 2006/07 is $0.109991 per square foot (based on the last approved assessment of$0.106108 per s<juare foot of parcel area plus an inflation factor of 3.66%). Districts in Deficit and Potential Expanded Brush Management Program for Fire Suppression As noted above, one district/zone is anticipated to be operating at a deficit level until corrective action can be taken. As previously discussed, Proposition 218 severely limited the ability of local agencies to increase revenue for these sorts of open space assessments. Specifically, Proposition 218 prohibits any assessment Increase without property owner approval. The only exception is an annual inflationary increase approved by property owners during the formation of the district, such as is found in Chula Vista's districts. In order for a public agency to increase assessments beyond the annual inflationary amount, a Proposition 218 balloting is necessary. Such a balloting consists of the following steps: 1. Preparation of an Engineer's Report, including definition of any annual inflationary indexes the district will be subject to. 2. Distribution of notice and ballot to property owners 3. Public Hearing & ballot tabulation Expanded Brush Management Program for Fire Suppression In response to the devastating wildfires of October 2003, several departments within the City of Chula Vista have formed a team to conduct a comprehensive review of our existing regulations. As noted in the Agenda Statement for the July 18, 2006 item, staff was investigating the possibility of combining the Brush ManagementlFire Suppression effort with the OSD budget update into one voting process. However, since that time, it has been determined that it would be most appropriate to continue to separately address these topics as any future funding mechanisms proposed for fire suppression may take a different form than an Open Space District or may include a different voter base, etc. Next Steps Based on the experiences of other cities, the success of these balloting procedures is dependent on the ability of the public agency to effectively communicate with property owners. Property owners tend to be less receptive when the first communication received is in the form of a ballot. Also based upon other cities' experiences and that of consultants specializing in this area, it is recommended that an initial polling of property owners be undertaken in order to determine receptiveness to any potential increases to maintain levels of service, as well as potential program expansions to support brush management efforts. The data collected through this effort would provide the basis of a report to Council early in calendar year 2007 in order to determine whether proceeding with a formal ballot procedure is recommended, to outline the budget for an expanded outreach and ballot process, to present annual increase per dwelling 12-6 Page 7, Item R Meeting Date 08/01/2006 unit information and to further detai1 next steps. Shou1d the preliminary survey indicate an unwillingness to support an increase to maintain existing levels of service, the only other option available IS the controlled reduction of services within affected dIstricts. ThIS option would also be discussed further In the next report to Council. NOTICE: These public hearings were noticed pursuant to Government Code 6061, which requires that notice be published In a newspaper general of circulation at least 10 days before the public heanng. Plans, specifications, and assessment rolls are on file in the Engineering Department. RESOLUTION: The City Engineer has prepared and filed reports on assessments for all eXisting Open Space Districts. The above resolution approves the reports and sets the date and time for a public hearing to consider the levy of assessments and the collection of funds. CONFLICT OF INTEREST: Staff has reviewed the property holdings of the City Council and has found no such holdings within 500' of the Open Space Districts, which are the subject of this action. FISCAL IMPACT: The full cost of providing maintenance services in these districts totals $1,107,534.00. This entire amount is recovered through the OSD collectible and reserves, as detailed on the District Cost Summary worksheets (Attachment 2). Attachments: 1. District Maps 2. Cost Summaries 12-7 _ ----- A'v'M33C1~ 9-bs:L I --'--.- _n__ ~ ~V:\\' I F~ '~1P ~ ~ / I- --:, r\~' - ~ c:j2~~~ ~tJ ~ .J.o\\1 T I I ~ '-- ::-- f\ I / '^ ^ '< ~ cCJ 00 DO \---- ---j J.../ //\ ~ A ~ R 0" \..--- I/" D; t= 6 8 6_ ~ _~ ~ g ~ "f-S_l~~!9= %~~~ _ D --- rJ1:D "" ~I_ I~ I = 0 = ~_ _~ \-- t<. \ -.>---:: ' " r I ,> '" t r/rI.- -1 ~ ;$~. 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'I'~> ~I ~6~ u ~ u t II) - ~ II) u r::: t'S r::: ~ r::: - ~ ~ ~ r::: II) u W ...J ~ i= -= S ~ ~ " u ~~ Z en LL1 ~ o z Iii ~ o ~ ;-: :>: '" o LL1 tr.._ <( "- LL1 c:: a. ATTACHMENT 2. CITY OF CHULA VISTA OSD 2 (Lark Haven) 2006/07 Fiscal Year District Cost Summary J.:'; '1 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 228 00 000 2,87400 1,11000 3,21900 4,789.00 337 00 380 00 0.00 400.00 790.00 0.00 0.00 12300 0.00 0.00 $14,250.00 Percent change from prior year 2% $0.00 $0.00 228 00 228 00 000 000 2,874 00 2,87400 1,11000 1,11000 3,12500 2,962.00 4,599 84 4,632.00 337 00 337 00 380 00 380 00 000 0.00 400 00 400 00 790 00 40.00 0.00 000 0.00 0.00 11900 122.00 000 0.00 0.00 0.00 $13,962,84 $13,085.00 $7,958 82 $10,468.00 57% 80% 0.00 0.00 9.724.87 11 844.00 $12,196.79 $11,709.00 249.00 249.00 $48.98 $47.02 4% 5% . '$4&;00 $47.00 $12,201.00 $11,703.00 $47,98 $51.55 $49.73 $52.55 7% 10% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $10,687.50 75% 0.00 12,23600 $12,701.50 Equivalent Dwelling Units (EDU's) 249 00 Collectible/EDU Percent change from prior year $51.01 4% COLLECTIBLE - even $ amount Revenue from even dollar payment SSESSMENT Assessment with CPI (4) $51.00 $12,699.00 (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 12-28 CITY OF CHULA VISTA OSD 3 (Rancho Robinhood Units 1 & 2) 20.0.6/0.7 Fiscal Year District Cost Summary COLLECTIBLE -even $ amount Revenue from even dollar payment ASSESSMENT. Assessment with CPI (4) I L. " $000 $000 $000 835.00 835 00 835 00 1 ,400 00 1,400 00 1,400 00 16,08000 16,080.00 16,08000 490 00 490.00 490 00 9,34000 9,068 00 8,59500 19,426 00 18,380.10 16,26500 207 00 207 00 207.00 800 00 800.00 800 00 000 0.00 000 2,60000 2,400 00 2,400.00 1,150.00 1,150.00 400.00 000 0.00 000 000 0.00 0.00 432.00 437.00 472.00 0.00 0.00 0.00 0.00 0.00 0.00 $52,760.00 $51,247.10 $47,944.00 $15,828.00 $11,274.36 $16,30096 30% 22% 34% 0.00 0.00 0.00 23,87000 19,193.11 22,496.00 $44,718.00 $43,328.35 $41,748.96 127.00 127.00 127.00 $352.11 $341.17 $328.73 3% 4% 10% $3p2,o.o. $:140.:0.0. $328.0.0. $44,704.00 $43,180.00 $41,656.00 $3p2,9Q $340.'.44 $32!M~ $352.90 $340.44 $415.43 3% 7% 5% Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer' Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) Collectible/EDU Percent change from prior year Percent change from prior year (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 200612007 = 3.66% 12-29 CITY OF CHULA VISTA OSD 4 (Bonita Ridge) 2006/07 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer' Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $000 1,62100 1,400 00 16,35700 21000 13,14200 34,641 00 1,10300 800 00 000 2,600 00 1,350.00 000 0.00 636 00 0.00 000 $73,860.00 Percent change from prior year 3% $0.00 $0.00 1,62100 1,62100 1,400 00 1,400 00 16,35700 16,35700 21000 210.00 12,75900 12,094 00 33,27596 32,06000 1,10300 1,103.00 800 00 800.00 0.00 0.00 2,400 00 2,40000 1,35000 600.00 0.00 000 0.00 000 629.00 690 00 0.00 000 0.00 000 $71,904.96 $69,335.00 $55,366.82 $48,534.50 77% 70% 0.00 000 52,38650 48,922,00 $74,885.28 $68,947.50 210.00 210.00 $356,60 $328,32 9% -3% $356.(tO $3Z$;OO $74,760,00 $68,880,00 $359.59 $346i93> $372,75 $359,59 4% 4% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $73,860.00 100% 0,00 71 ,99400 $75,726.00 Equivalent Dwelling Units (EDU's) 210,00 Collectible/EDU Percent change from prior year $360,60 1% COLLECTIBLE -even $ amount " Revenue from even dollar payment $361.00 $75,810.00 Assessment with CPI (4) (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3,66% 12-30 CITY OF CHULA VISTA OSD 5 (Southbay Villas) 2006107 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures. grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost ,., 1.;-: , .! ' $000 $000 245.00 245.00 280 00 280 00 11,817.00 11,81700 860 00 860 00 7,448 00 7,231 00 12,01200 11,53764 94700 94700 800.00 800 00 0.00 000 1,200.00 1,200 00 870.00 870 00 0.00 000 0.00 000 338.00 336 00 000 000 0.00 0.00 $36,817.00 $36,123.64 $36,817.00 $34,678.69 100% 96% 0.00 0.00 45.91600 35 335.29 $27,718.00 $35,467.04 122.00 122.00 $227.20 $290.71 -22% 1% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) CollectiblelEDU Percent change from prior year COLLECTIBLE. even $ am.ount . Revenue from even dollar payment ASSESSMENT Assessment with CPI (4) BUdgetlEDU Percent change from prior year $227.00 $27,694.00 $290.00 $35,380.00 $350.65 $363.48 $296.10 -3% 2% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 12-31 $0.00 245.00 280 00 11,81700 860 00 6,854 00 13,67300 947.00 800.00 0.00 1,200.00 120.00 0.00 0.00 364.00 0.00 0.00 $37,160.00 $27,498.40 74% 0.00 29.395.00 $35,263.40 122.00 $289.04 1% $289.00 $35,258.00 $350.65 5% CITY OF CHULA VISTA OSD 6 (Hilltop Vista) 2006/07 Fiscal Year District Cost Summary j j> ., " Personnel Services $0.00 $0.00 $000 Utility Charges 31300 31300 31300 Trash Collection & Disposal Fees 280 00 280 00 280 00 Water Charges 6,246.00 6,246.00 6,246 00 Services to maintain structures, grounds 240.00 240.00 240 00 City Staff Services 4,190.00 4,06800 3,85600 Contract Services 5,50600 5,28804 5,93800 Landscape Supplies 311.00 31100 31100 Materials to maintain structures, grounds 780.00 780 00 780.00 Backflow Certification 000 000 000 Professional Services 47500 400 00 400 00 Supplementals 870.00 870 00 12000 Other Commodities 0.00 0.00 000 Advertising 0.00 0.00 000 Transfer: Corporate Yard Debt Services 17100 175.00 178 00 Storm Maintenance 0.00 000 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $19,382.00 $18,971.04 $18,662.00 Reserve Requirement (1) $19,382.00 $16,125.38 $14,36974 Reserve Percent 100% 85% 77% Special Reserve 000 0.00 0.00 Fund Balance (2) 20 623.00 16,727.57 17541.00 Net Assessment (3) $18,141.00 $18,368.85 $15,490.74 Equivalent Dwelling Units (EDU's) 162.00 162.00 162.00 Collectible/EDU $111.98 $113.39 $95.62 Percent change from prior year -1% 19% -13% cQLLI;,cTISLI;';ellert$'I!II\OLlrtt $112.00 $96.00 Revenue from even dollar payment $18,144.00 $18,306.00 $15,552.00 ;A$SI;SSMI;I\IT $1:79U74 $167.29 Assessment with CPI (4) $179.74 $173.40 Percent change from prior year 2% 2% 8% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 12-32 CITY OF CHULA VISTA OSD 7 (Zenith Units 2, 3 & 4) 2006/07 Fiscal Year District Cost Summary I-j; jj .', Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 21100 000 4,394 00 290 00 3,096 00 4,11500 234 00 360 00 000 400 00 950 00 000 0.00 11600 0.00 0.00 $14,166,00 $0.00 211.00 0.00 4,394,00 290 00 3,00600 3,81000 234,00 360 00 0.00 400,00 950 00 0,00 000 115.00 0,00 0,00 $13,770.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $10,057,86 71% 0,00 11,15500 $13,068.86 $8,537.40 62% 000 9849,20 $12,458.20 Equivalent Dwelling Units (EDU's) 104,00 104.00 Collectible/EDU Percent change from prior year $12566 5% $119,79 3% COLLECTIBLE - even $ amount Revenue from even dollar payment $125.00 $13,000.00 $125.57 $120.00 $12,480,00 Assessment with CPI (4) $125.57 $132.40 11% Percent change from prior year $'\.36.21 . 3% (1) Reserve Requirement = Estimated Maintenance Cast x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 200612007 = 3.66% 12-33 $0.00 21100 000 4,394 00 290 00 2,849 00 3,390 00 234 00 360 00 000 400 00 200 00 000 000 11500 0.00 0,00 $12,443.00 $9,332.25 75% 000 9,738,00 $12,037.25 104.00 $115,74 19% $116.00 $12,06400 $121.14 $119.64 11% CITY OF CHULA VISTA OSD 8 (Rancho Robinhood Unit 3) 2006/07 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Matenals to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer' Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost H , ,. $0.00 $0.00 $000 404.00 404 00 404.00 280.00 280.00 280 00 15,52000 15,52000 15,520.00 630 00 630.00 630.00 10,12000 9,825.00 9,31300 25,65500 24,64400 23,74700 422.00 422.00 422.00 350 00 350 00 350.00 000 000 000 920 00 800 00 800.00 1,07000 1,07000 320 00 000 0.00 0.00 0.00 0.00 0.00 480 00 473.00 517 00 000 000 0.00 0.00 000 0.00 $55,851.00 $54,418.00 $52,303.00 $51,382.92 $37,548.42 $35,566.04 92% 69% 68% 0.00 000 0.00 44.410.00 35.963.60 37.838.00 $62,823.92 $56,002.82 $50,031.04 110.00 110.00 110.00 $571.13 $509.12 $454.83 12% 12% 1% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) CollectibleiEDU Percent change from prior year COLLECTIBLE - eyen $. amount Revenue from even dollar payment 3% $509.00 $55,990.00 $553.37 $573.62 $494.71 4% $50,050.00 $62,920.00 Assessment with cpr (4) BI.\d9etiEOP Percent change from prior year $553.37 4% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 12-34 CITY OF CHULA VISTA OSD 9 (EI Rancho del Rey) 2006/07 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures. grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer' Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) Collectible/EDU Percent change from prior year COLLECTIBLE. even $ amount Revenue from even dollar payment ASSESSMENT Assessment with CPI (4) BudgetJEDU Percent change from prior year $0.00 $000 $0.00 442.00 442 00 442.00 2,52000 2,52000 2,52000 24,09500 24,095 00 24,095.00 580.00 580 00 580.00 13,02700 12,64700 11,988.00 26,658.00 25,35093 23,392.00 1,00500 1,00500 1,005.00 1,500 00 1,50000 1,500.00 000 0.00 000 2,500 00 2,400 00 2,400.00 1,07000 1,07000 320.00 0.00 000 0.00 0.00 000 0.00 618.00 640 00 683 00 000 000 0.00 0.00 000 0.00 $74,015.00 $72,249.93 $68,925.00 $42,188.55 $31,78997 $35,151.75 57% 44% 51% 0.00 0.00 0.00 53,850.00 44,503.28 45,763.00 $62,353.55 $59,536.62 $58,313.75 384.00 384 00 384.00 $162.38 $155.04 $151.86 5% 2% 4% $16Z:00 $155.00 .$151;00 $62,208.00 $59,520.00 $57,984.00 $156'.83 $162.57 $156.83 $19:2;75 $188.15 2% 5% 4% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve. Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 12-35 CITY OF CHULA VISTA OSD 10 (EI Rancho del Rey 6 & Cassa del Rey) 2006/07 Fiscal Year District Cost Summary ~ t,;-r; ,'. )0 'j'-I' .', $0.00 $000 383 00 383 00 840 00 840 00 18,295 00 18,295 00 550 00 550 00 12,87500 12,204 00 33,21264 32,961 00 739 00 739 00 380 00 380 00 000 000 2,800 00 2,800 00 1,450 00 200.00 000 0.00 0.00 000 633 00 696.00 0.00 0.00 0.00 0.00 $72,157.64 $70,048.00 $49,067.20 $49,033.60 68% 70% 0.00 0.00 52,237.20 52,23200 $68,987.64 $66,849.60 655 76 658.37 $105.20 $101.54 4% 8% Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 383 00 840 00 18,29500 550 00 13,261.00 34,57500 739 00 380.00 000 2,90000 1,450.00 0.00 000 647.00 0.00 000 $74,020.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $61 ,436 60 83% 0,00 63,56000 $71,896.60 Equivalent Dwelling Units (EDU's) 658.37 Collectible/EDU Percent change from prior year $109,20 4% Percent change from prior year $112.43 2% $68,854.80 $105.83 $109,70 $110.04 3% $102,00 $67,154.00 $102;11: $105.83 $106,40 4% COLLECTIBLE - even $ amount Revenue from even dollar payment ASSESSMENT Assessment with CPI (4) $109.00 $71,762.33 (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 12-36 CITY OF CHULA VISTA OSD 11 (Hidden Vista Village) 2006/07 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Matenals to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer' Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $000 687 00 4,480 00 37,21600 9,40000 24,59900 50,25000 71100 3,440 00 000 7,000.00 1,69000 000 0.00 1,205 00 0.00 000 $140,678.00 $0.00 687.00 4,480 00 37,216.00 9,400 00 23,882.00 48,14933 711.00 3,440 00 0.00 6,800.00 1,690.00 000 0.00 1,230 00 000 0.00 $137,685.33 $000 687 00 4,480 00 37,21600 9,400 00 22,63700 47,25700 71100 3,440 00 000 6,80000 440 00 000 0.00 1,34500 000 000 $134,413.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $140,67800 100% 000 189,936.00 $91,420.00 $137,685.33 100% 000 175,38683 $99,983.83 $127,692.35 95% 0.00 135,560.00 $126,545.35 Equivalent Dwelling Units (EDU's) 1,321.04 1,321.04 1,321.03 Collectible/EDU Percent change from prior year $6920 -9% $75.69 -21% $95 79 -5% COLLECTIBLE - even $ amount Revenue from even dollar payment $69.00 $91,151.76 $1U.01 .$75.00 $99,078.00 $107.09 $111.01 $126,819.00 Assessment with CPI (4) $107.09 3% Percent change from prior year $106.49 2% 2% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 12-37 CITY OF CHULA VISTA OSD 14 (Bonita Long Canyon) 2006/07 Fiscal Year District Cost Summary ii. i Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer' Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $000 2,04500 5,60000 100,20500 1,400 00 54,281 00 121,330 00 3,17600 4,00000 000 11,00000 2,49000 000 000 2,732.00 0.00 0.00 $308,259.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $272,80922 88.5% 000 270.289.00 $310,779.22 Equivalent Dwelling Units (EDU's) 873.36 Collectible/EDU Percent change from prior year $355 84 3% COLLECTIBLE - even $ amount Revenue from even dollar payment ASSESSMENT Assessment with CPI (4) $356.00 $310,916.16 $356.86 Percent change from prior year $352.96 1% ),1 1"_' $000 2,04500 5,600 00 100,205 00 1 ,400 00 52,700 00 116,550 96 3,176.00 4,00000 000 10,00000 2,490.00 0.00 0.00 2,74400 000 0.00 $300,910.96 $0.00 2,04500 5,60000 100,205.00 1,400 00 49,953.00 122,729.00 3,176.00 4,000.00 0.00 10,000.00 1,240.00 0.00 0.00 3,043.00 0.00 0.00 $303,391.00 $204,619.45 68% 0.00 205.674.60 $299,855.81 $201,755.02 67% 0.00 215.195.00 $289,951.02 863.90 873 36 $347.10 5% $331.99 18% $343.00 $296,317.70 $344.26 $356.86 $348.32 0% $332.00 $291,702.00 $344.26 3% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 12-38 CITY OF CHULA VISTA OSD 15 (Bonita Haciendas) 2006/07 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures. grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer' Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 179.00 280 00 6,74500 600.00 4,223 00 3,89200 204.00 375.00 000 875.00 870.00 000 0.00 172. 00 0.00 0.00 $18,415.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $18,415.00 100% 0.00 23,147.00 $13,683.00 Equivalent Dwelling Units (EDU's) 57.00 Collectible/EDU Percent change from prior year $240.05 -9% COLLECTIBLE - even $ amount Revenue from even dollar payment ASSESSMENr Assessment with CPI (4) BudgetlEDU '.' Percent change from prior year $240.00 $13,680.00 $342.38 2% $000 17900 28000 6,74500 600 00 4,10000 3,73752 204 00 340 00 000 800 00 870 00 000 0.00 172.00 000 0.00 $18,027.52 $0.00 179.00 280.00 6,745.00 600.00 3,88600 5,483 00 204.00 340 00 0.00 800 00 12000 0.00 0.00 179.00 0.00 0.00 $18,816.00 $18,027.52 100% 0.00 21 099.27 $14,955.77 $17,687.04 94% 0.00 18.278.00 $18,225.04 57.00 57.00 $262.38 -18% $319.74 16% $262.00 $14,934.00 $~20,.00 $18,240.00 $342.38 $316.27 -4% $330.29 $330.11 8% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve ~ Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 12-39 CITY OF CHULA VISTA OSD 17 (Bel Air Ridge) 2006/07 Fiscal Year District Cost Summary Personnel Services $0.00 $0.00 $000 Utility Charges 0.00 000 000 Trash Collection & Disposal Fees 560 00 560 00 560 00 Water Charges 000 000 000 Services to maintain structures, grounds 000 000 000 City Staff Services 1,240 00 1,204 00 1,14100 Contract Services 1,13300 1,08792 2,02000 Landscape Supplies 550 00 550 00 550 00 Materials to maintain structures, grounds 10000 10000 10000 Backflow Certification 000 000 000 Professional Services 000 75000 000 Supplementals 750 00 000 000 Other Commodities 000 000 000 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 46.00 40.00 4000 Storm Maintenance 000 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $4,379.00 $4,291,92 $4,411.00 Reserve Requirement (1) $4,379.00 $3,433.54 $2,558.38 Reserve Percent 100% 80% 58% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 5,012.24 3,021.60 2,557.00 Net Assessment (3) $3,745.76 $4,703.86 $4,412.38 Equivalent Dwelling Units (EDU's) 46.00 46.00 4600 Collectible/EDU $81.43 $102.26 $95 92 Percent change from prior year -20% 7% 116% CQLLECTISLiE,,(!V'gn.$altloul1t $82;00 $1.02(00 $96.00 Revenue from even dollar payment $3,772.00 $4,692.00 $4,416.00 ASSESsMEnT. $163;88 $15Ih10: . $152.53 Assessment with CPI (4) $163.88 $158.10 $95;20 $93.30 $95.89 Percent change from prior year 2% -3% 14% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 12-40 CITY OF CHULA VISTA OSD 23 (Otay Rio Business Park) 2006107 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer' Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 936 00 560 00 9,66900 440 00 9,467.00 29,459 00 660.00 900.00 000 7,500 00 870.00 000 0.00 440.00 000 0.00 $60,901.00 $000 936 00 560 00 9,66900 440 00 9,19100 9,82996 660 00 900 00 000 6,93000 870 00 0.00 0.00 433 00 0.00 0.00 $40,418.96 $0.00 936.00 560.00 9,669.00 440 00 8,712.00 19,03600 660.00 900.00 000 6,930 00 12000 0.00 0.00 479.00 0.00 0.00 $48,442.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $27,100.95 44.5% 0.00 40.080.86 $47,921.09 $32,335.17 80% 0.00 28.25309 $44,501.04 $18,892.38 39% 0.00 22.48100 $44,853.38 Equivalent Dwelling Units (EDU's) 90.06 90.06 90.06 Collectible/EDU Percent change from prior year $532.10 8% $494.13 -1% $498.04 15% COLLECTIBLE - even $ amount Revenue from even dollar payment ASSESSMENT Assessment with CPI (4) BudgetlEDU Percent change from prior year $533,00 $48,001.98 $533.68 51% $494.00 $44.489.64 $514.84 $533.68 $448.80 -17% $496.00 $44,670.00 $496.71 $514.84 4% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve ~ Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 12-41 CITY OF CHULA VISTA OSD 24 (Canyon View Homes) 2006/07 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost II I. $000 $000 13600 13600 280 00 280 00 8,742,00 8,74200 61000 61000 4,647,00 4,51100 6,24200 5,99568 400,00 400 00 1,530,00 1,530 00 0,00 000 475,00 400 00 830,00 830 00 0,00 000 0,00 000 22100 229 00 0,00 000 0,00 000 $24,113.00 $23,663.68 $24,113,00 $23,663,68 100% 100% 0,00 0,00 28,909,00 24.757,95 $19,317.00 $22,569.41 40,00 40,00 $482,93 $564.24 -14% 0% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) Collectible/EDU Percent change from prior year COLLECTIBLE. even $ amount Revenue from even dollar payment ASSESSMENT, Assessment with CPI (4) BudgetlEDU Percent change from prior year $483.00 $19,320,00 $663.52, $564.00 $22,560,00 $640.09 $663,52 2% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve. Fund Ba!ance (4) CPI Change for FY 2006/2007 = 3,66% 12-42 -3% $000 13600 280 00 8,742,00 61000 4,276 00 7,644,00 400 00 1,530,00 000 400 00 80,00 0,00 0,00 235,00 000 0,00 $24,333.00 $16,059,78 66% 0,00 17,909,00 $22,483.78 40,00 $562,09 16% $562.00 $22,480,00 $617.55 $640,09 $608.33 5% CITY OF CHULA VISTA OSD 26 {Park Bonita} 2006/07 Fiscal Year District Cost Summary Percent change from prior year " .. $000 $000 $000 13300 13300 13300 000 0.00 000 1,826.00 1,826.00 1,82600 600 00 600.00 600 00 1,76700 1,715.00 1,626 00 2,31200 2,22000 2,37600 200 00 200 00 200 00 170.00 170 00 170 00 000 0.00 000 47500 400.00 400 00 790 00 790.00 4000 0.00 000 000 000 000 0.00 72.00 69.00 7000 000 0.00 000 0.00 0.00 0.00 $8,345.00 $8,123.00 $7,441.00 $8,34500 $8,123.00 $7,068.95 100% 100% 95% 0.00 0.00 000 8,670.20 10,862.57 7,847.00 $8,019.80 $5,383.43 $6,662.95 19.00 19.00 19.00 $422.09 $283 34 $350.68 49% -19% 2% $422,00 $283.00 $351,00 $8,018.00 $5,377.00 $6,669 00 $520,76 $502,37) $484.68 $520.76 $502.37 $439.21 $42'M3i $391.63 3% 9% 9% Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) Collectible/EDU Percent change from prior year COLLECTIBLE r even $ <\mount Revenue from even dollar payment Assessment with CPI (4) (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 12-43 CITY OF CHULA VISTA OSD 31 (Telegraph Canyon Estates) 2006/07 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer' Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $000 71400 1,96000 38.851 00 4,80000 22,311 00 29,17500 2,09200 3,07000 000 8,75000 830 00 000 000 1,08300 000 0.00 $113,636.00 $0.00 71400 1,96000 38,851 00 4,80000 21,661.00 28,024.80 2,09200 3,070.00 0.00 8,100.00 830.00 0.00 0.00 1,107.00 0.00 000 $111,209.80 $000 71400 1,96000 38,851 00 4,800.00 20,532.00 40,19900 2,092.00 3,070.00 000 8,10000 80.00 0.00 0.00 1,214.00 000 0.00 $121,612.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $113,63600 100% 0.00 153381.00 $73,891.00 $111,209.80 100% 0.00 129.377.28 $93,042.32 $99,721.84 82% 0.00 100145.00 $121,188.84 Equivalent Dwelling Units (EDU's) 344.00 344.00 345.00 Collectible/EDU Percent change from prior year $21480 -21% $270.47 -23% $351.27 -3% COLLECTIBLE- even $ amOUl1t Revenue from even dollar payment ASSESSMENT Assessment with CPI (4) BudgetlEDU Percent change from prior year $215.00 $73,960.00 $330.34 2% $270.00 $92,880.00 $518.95 $537.95 $323.28 -8% $121,095.00 $500.68 $518.95 3% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 12-44 CITY OF CHULA VISTA OSD 33 (Broadway Businesss Home Village) 2006/07 Fiscal Year District Cost Summary t:. 1,1, II. I Personnel Services Utility Charges $ $ $ Trash Collection & Disposal Fees 000 000 000 Water Charges 0.00 000 000 Services to maintain structures, grounds 0.00 000 000 City Staff Services 0.00 000 0.00 Contract Services 000 000 0.00 Landscape Supplies 000 000 0.00 Materials to maintain structures, grounds 0.00 000 0.00 Backflow Certification 000 000 000 Professional Services 0.00 000 0.00 Supplementals 0.00 000 0.00 Other Commodities 0.00 000 0.00 Advertising 0.00 000 0.00 Transfer: Corporate Yard Debt Services 0.00 000 000 Storm Maintenance 0.00 000 000 Special Maintenance Fund 000 0.00 0.00 Estimated Maintenance Cost $ $ $ Reserve Requirement (1) $ $ $ Reserve Percent Additional Reserve 0.00 0.00 0.00 Fund Balance (2) $ $ $ Net Assessment (3) $ $ $ Equivalent Dwelling Units (EDU's) 36.00 36.00 36.00 Collectible/EDU $ $ $ Percent change from prior year CQI..I.ECTIBl.p','even$amou.l1t $ Revenue from even dollar payment $ A,SSESSME~T $c1:;i2!1Z'.52 $1,23J.;t!1 Assessment with CPI (4) 1,329.46 1,282.52 B,udgetip.cUi Percent change from prior year n/a n/a n/a (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated Fund Balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 12-45 j I, ", $000 $000 1,092 00 1,09200 47500 47500 3,221 00 3,221 00 600 00 600 00 5,921 00 5,512.00 000 000 850.00 850 00 230 00 230 00 000 000 000 000 830 00 8000 000 0.00 18000 18000 11100 81.00 0.00 0.00 0.00 0.00 $13,510.00 $12,421.00 $6,755.00 $10,930.48 50% 88% 0.00 0.00 4775,05 17,53900 $15,489.95 $5,812.48 6.39 6.39 $2,424.09 $909,62 166% 4% CITY OF CHULA VISTA OSD Bay Boulevard 2006/07 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0,00 1,092.00 47500 3,221 00 600 00 5,098.00 0,00 850.00 230,00 0,00 0.00 830 00 0.00 180,00 111.00 0,00 0,00 $13,687.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $13,687.00 100% 0.00 7.816,00 $19,558.00 Equivalent Dwelling Units (EDU's) (4) 6.39 Collectible/EDU Percent change from prior year $3,06072 26% COLLECTIBLE - even $ amount Revenue from even dollar payment ASSESSMENT Assessment with CPI (4) BudgetJEDU Percent change from prior year $3,061.00 $19,559.79 $3,080.73 $2,424.00 $15,489,36 $2,971.96 $3,080,73 $2,114.24 9% $2,141.94 1% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve. Fund Balance (4) Equiva!ent Dwelling Units for the Bay Boulevard District are calculated at 1 EDU per acre (5) CPt Change for FY 2006/2007 = 3.66% 12-46 $908.00 $5,802,00 $2,867.30 $2,971,96 $1,943.82 9% CITY OF CHULA VISTA OSD Town Centre 2006/07 Fiscal Year District Cost Summary I.!;.! .. Collectible/EDU Percent change from prior year $0.00 0% It, $0.00 $000 000 000 000 000 000 000 0.00 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 000 0.00 000 000 000 0.00 000 $0.00 $0.00 $0.00 $0.00 0% 0% 0.00 0.00 0.00 0.00 $0.00 $0.00 512,612.00 512,612.00 $0.00 $0.00 0% 0% Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Matenals to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $000 000 000 000 000 000 000 000 000 000 0.00 0.00 000 0.00 0.00 0.00 0.00 $0.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $0.00 0% 0.00 0.00 $0.00 Equivalent Dwelling Units (EDU's) 512,612.00 COLLECTIBLE - even $ amount Revenue from even dollar payment ASSESSMENT Assessment with CPI (4) $0.00 $0.00 $0.101& $0.00 $0.1038 $0.1076 $0.00 $0.00 $0.10 $0.1038 $0.00 $0.00 Percent change from prior year nla nla nla (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) Estimated fund balance as of June 30 of each year (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance (4) CPI Change for FY 2006/2007 = 3.66% 12-47 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE DISTRICTS 2 THROUGH 11, 14, 15, 17, 23, 24, 26, 31 AND 33, BAY BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS WHEREAS, prior to the adoption of thIs resollltion, the City Council callsed the formation of various districts under and pursllant to state law; and WHEREAS, pursuant to Article 4. Chapter I. part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chllla VIsta Municipal Code Chapter 17.07. NBS Government Finance Group, DBA NBS has prepared and filed the annual reports for all eXIsting Open Space Maintenance Districts in the City; and WHEREAS, on July 18.2006, COllncd approved these reports and set August 1, 2006 as the date for the public hearing; and WHEREAS, the proposed assessment for Fiscal Year 2006/2007 is as follows: 12-48 ~. '-i..;;... - :, Open Space District or Zone FY 04105 FY 05106 FY 06107 I') FY 05106 FY 06/07 2 $ 47.98 $ 4973 $ 51.55 $ 4900 $ 51.00 $ 200 4% $ 12,699.00 3 $ 328.45 $ 340 44 $ 352.90 $ 340.00 $ 352.00 $ 12.00 4% $ 44,704.00 4 $ 346,93 $ 359.59 $ 372,75 $ 356,00 $ 361.00 $ 5.00 1% $ 75,810.00 5 $ 338.30 $ 350.65 $ 363.48 $ 290,00 $ 227,00 $ (63.00) -22% $ 27,694.00 6 $ 167.29 $ 173.40 $ 179,74 $ 113.00 $ 112.00 $ 11.00) -1% $ 18,144.00 7 $ 116.87 $ 121,14 $ 125.57 $ 120.00 $ 125.00 $ 5.00 4% $ 13,000,00 ' 8 $ 533.88 $ 553,37 $ 573.62 $ 509.00 $ 572.00 $ 63,00 12% $ 62,920.00 9 $ 151.31 $ 156.83 $ 162,57 $ 155.00 $ 162.00 $ 7.00 5%, $ 62,208,00 10 $ 102.11 $ 105.83 $ 10970 $ 105,00 $ 109.00 1$ 4.00 4% $ 71,762.33 11 $ 103.32 $ 107,09 $ 111.01 $ 75.00 $ 69.00 $ (6,00) -8% $ 91,151,76 14 $ 332,14 $ 344.26 $ 356,86 $ 343,00 $ 356.00 $ 13.00 4% $ 310,916,16 15 $ 318.66 $ 330.29 $ 342.38 $ 262.00 $ 240 00 $ (22,00) -8% $ 13,680.00 17 $ 152.53 $ 158,10 $ 163,88 $ 102.00 $ 82.00 $ (20,00) -20% $ 3,772,00 23 $ 496,71 $ 514.84 $ 533,68 $ 494,00 $ 533.00 $ 39.00 8% $ 48,001,98 24 $ 617.55 $ 640.09 $ 663.52 $ 564,00 $ 483.00 $ (81,00) -14% $ 19,320,00 26 $ 484,68 $ 502.37 $ 520,76 $ 283.00 $ 422.00 $ 139.00 49% $ 8,018.00 31 $ 500,68 $ 518,95 $ 537.95 $ 270.00 $ 215.00 $ (55,00) -20% $ 73,960,00 33 $ 1,237.36 $ 1,282,52 $ 1,32946 $ $ $ 0% $ Bay Boulevard 12) $ 2,867,30 $ 2,971.96 $ 3,080,73 $ 2,424,00 $ 3,061.00 $ 637.00 26% $ 19,559.79 Town Centre (3) $ 0,10 $ 0.11 $ 0,11 $ $ $ 0% $ Total $ 977,321.0 (1) Assessment may be set at or below this amount without being subject to a vote and majority protest. (2) Bay Boulevard rates are based on acres. 13) Town Centre rates based on parcel square loolage since FY 2001/2002. NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance Districts herein referenced that the City Council of the City of Chula Vista does hereby find that written protests against the proposed assessment have not been made by owners representing more than one-half of the area ofland to be assessed from the improvement; confirm the diagram and assessment contained in the Engineer's Report; and order the open space and maintenance facilities to be maintained. The adoption of this resolution constitutes the levy of assessments and collectibles as proposed in the Engineer's Report for the 2006/2007 fiscal year and sets forth hereinabove for Open Space Districts 2 through II, 14, 15, 17, 23, 24, 26, 31, and 33, Bay Boulevard and Town Centre Maintenance Districts Presented by Approved as to form by '~~ tL~ ~ J Leah Browder Ann Moore Acting Director of Engineering City Attorney 12-49 PAGE 1, ITEM NO.: MEETING DATE: /3 8/01/2006 CITY COUNCIL AGENDA STATEMENT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PLACING A PROPOSED BALLOT MEASURE ON THE NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION BALLOT REGARDING ARTICLE 34 OF THE CALIFORNIA CONSTITUTION WHICH AUTHORIZES PARTICIPATION IN FUTURE AFFORDABLE HOUSING PROJECTS FOR LOW INCOME RENTERS THROUGHOUT THE CITY OF CHULA VISTA, AND APPROPRIATING FUNDS THEREFOR SUBMITTED BY: ACTING COMMUNITY DEVEL MENT DIRECTOR REVIEWED BY: INTERIM CITY MANAGER 'I ITEM TITLE: 4/5THS VOTE: YES 0 NO D BACKGROUND Article 34 of the State of California Constitution, adopted in 1950, specifies the circumstonces under which public agencies have the authority for construction, development, and acquisition of affordable units for low income renters throughout the City of Chula Vista. The City is nearing the limit of the 400 units previously approved under Article 34 by City of Chula Vista voters on April 11, 1978 and adopted by Ordinance No. 1897, and will require authorization to participate in future affordable housing projects. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION 1. Adopt a resolution which authorizes staff to place a ballot measure as shown in Exhibit A on the November 7, 2006, statewide general election ballot approving the potential development, construction, or acquisition of affordable low income housing rental units, to address Article 34 of the State of California Constitution; and 2. Direct the City Attorney to prepare an impartial analysis of the proposed ballot measure. 13-1 PAGE 2, ITEM NO.: MEETING DATE: /) 8/01/2006 3. Appropriate $25,000 to the Services and Supplies category of the Low/Mod Housing Fund from available fund balance to cover the costs associated with placing this measure on the November 7, 2006 ballot. BOARDS/COMMISSIONS RECOMMENDATION On July 26, 2006, the Housing Advisory Committee voted unanimously to support the Article 34 measure to be placed on the November 2006 ballot. DISCUSSION On November 7, 1950, the voters of the State of California adopted Article 34 of the California Constitution, entitled the "Public Housing Proiect Law," which requires that the maiority of City voters approve the development, construction, or acquisition of affordable "low rent housing" in the City by a state or local public agency. Article 34 defines "low rent housing" as any development for persons of low income, which is financed in whole or part by public funds or which requires another form of assistance from a public agency, such as labor. In addition, if any agency loans money for a project, and the loan is conditioned on typical government agency requirements such as review and approval of plans, project financing, operation and maintenance standards and occupancy, the agency will generally be deemed to have developed or constructed the project. The voter approval requirement of Article 34 does not apply to proiects designed, planned, financed, constructed and owned by a private entity. The California Supreme Court has held that the voter approval required by Article 34 can be satisfied by a vote granting authority for a designated maximum number of housing units. The ballot measure does not approve or deny any specific affordable housing proiects, nor does it have an effect on the City's growth policies. All projects must continue to go through the existing planning and building approval process, regardless of this ballot measure. Of the 400 units approved by Chula Vista voters in 1978, approximately 66 units will remain after the completion of the Seniors on Broadway affordable housing project currently underway. In the next year, it is expected that 40-80 affordable housing units will be brought before City Council for consideration, which would use up the remaining allocation under Article 34. The proposed ballot measure calls for an allocation of 1,600 low income housing units. This is four times the amount of the original allocation of 400 units that was approved in 1978. The reasons for the increased amount are for several reasons: 1) City's Inclusionarv Housinq Policy. To meet the City's Affordable Housing Inclusionary Policy in western Chulq Vista, more proactive City participation will be necessary, than was needed in the past. Previously, developers of large master planned communities in the east, could readily identify land to build housing. In contrast, infill development usually operates with a smaller profit margin and affords fewer options for meeting inclusionary housing obligations on site. As mentioned in the draft Housing Element (Policy 5.1.1 and 5.1.2), the City may need to offer flexible options for infill developments meeting the City's Inclusionary Policy. 13-2 PAGE 3, ITEM NO.: I 3 MEETING DATE: 8/01/2006 For example, if the City collects in-lieu fees and then assists an affordable rental project, Article 34 authorization would be necessary. 2) Housina Element Goals. The draft 2005-2010 Housing Element (Objective H7) calls for a proactive City approach to increasing the supply of affordable housing through planning and processes, and through financial assistance and other incentives. This will require more City/Agency participation in building low income units. Since 1999, the City has included an Article 34 analysis in it's Housing Element policies. Policy 7.2.4 specifically identifies a possible Article 34 ballot initiative to obtain additional authority for affordable housing opportunities. The 1999-2004 Housing Element (Policy 3.4.7) also stated that the City would evaluate the possibility of initiating a referendum to increase the City's ability to participate in affordable housing projects. 3) Redevelopment Aaencv Fundina/lnclusionarv Obliaations. Additional Article 34 authorization will be needed to accommodate the additional housing units that will be created in the near future as the City's Redevelopment Agency strives ta meet the Low and Moderate Income Fund and Inclusionary Housing requirements before project areas expire. Within adopted project areas, redevelopment agencies receive a higher level of property tax revenues that would normally be allocated to the state and other taxing entities. In exchange, the state requires that 20 percent of all of these "tax increment" revenues be set aside (Redevelopment Set-Aside) for the development of affordable housing, and funds are to be expended in proportion to the needs of very low, low and moderate income households. To ensure that these monies are in fact used for the production of affordable housing, the state requires that 15 percent of 011 new residential units built in an adopted project area be restricted to households of very low- and low- and moderate incomes. With the anticipated adoption of the Urban Core Specific Plan, and continued growth of the City's population and redevelopment focus in the City's Urban Core, it is anticipated that new housing construction will increase both the housing fund and inclusionary housing requirement. The Council's/Agency's leadership to proactively plan for affordable housing opportunities in the redevelopment project areas is critical to meeting the Redevelopment Agency's legal obligations. The timely production of affordable units is a priority because of the nearing expiration dates of the various project areas (Bayfront- 20 14, Town Centre 1- 2016, Town Centre 11-2019). In the draft Five-Year Implementation Plan, the Redevelopment Agency anticipates assisting in the new construction of 624 affordable units through FY 2014, of which a significant portion may be subject to Article 34. 4) Need for Affordable Units. It is important to enable the City to create affordable housing as revitalization occurs in western Chula Vista. On February 2, 2006, the City Council held a 13-3 PAGE 4, ITEM NO.: ! 3 MEETING DATE: 8/01/2006 workshop, considered public testimony and discussed policy alternotives regarding western revitalization and potential effects on existing populations as change occurs. Given population forecasts for western Chula Vista and potential displacement, additional affordable housing will be needed in the next five years to address the needs of lower income persons. The City Council considered alternatives under Housing Policy #1: "Creation of adequate supply of affordable units for lower income households within Western Chula Vista," and directed staff to develop viable solutions. For the reasons stated above, City staff must draft a new measure that can be put on the ballot for citizen vote before any additional affordable housing developments can be built with City assistance. The ballot measure would allow the citizens to vote on the creation of up to 1,600 affordable units in future housing projects that are publicly assisted and designated more than 49% affordable. The ballot measure does not approve or deny any specific affordable housing proiects, nor does it have an effect on the City's growth policies. All projects must continue to go through the existing planning and building approval process, regardless of this ballot measure. The measure simply authorizes the City to assist in projects as they are approved, up to the maximum outlined in the ballot measure. FISCAL IMPACT The cost of putting a measure on the ballot is approximately $25,000, as estimated by the County of San Diego Registrar of Voters, and would be paid though available fund balance from Low Moderate Housing Funds. This is an allowable administrative expense for the Low Moderate Housing Fund necessary for the establishment of future offordable housing units (Health and Safety Code 33334.3(e)). The November election is a statewide general election, and therefore the costs for this ballot measure will be less than if it were considered in a special election. The approval or denial of this ballot measure has no direct fiscal cost to the City beyond the cost of the actual election. The measure authorizes the City to participate in additional affordable housing projects. Approval of funding for individual housing projects will be considered by the City Council on a case-by-case basis. ATTACHMENTS Exhibit A - Proposed Ballot Measure Prepared by: Amanda Mills, Housing Manager, Community Development Department J:\COMMDEY\5TAFF.REP\2006\08-01 -06\Articl. 34\51011 Report Articl. 34 8- 1 -06.doc 13-4 .<." RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PLACING A PROPOSED BALLOT MEASURE ON THE NOVEMBER 7, 2006 STATEWIDE GENERAL ELECTION BALLOT REGARDING ARTICLE 34 OF THE CALIFORNIA CONSTITUTION WHICH AUTHORIZES PARTICIPATION IN FUTURE AFFORDABLE HOUSING PROJECTS FOR LOW INCOME RENTERS THROUGHOUT THE CITY OF CHULA VISTA, AND APPROPRIATING FUNDS THEREFOR WHEREAS, pursuant to Article 34 of the California Constitution, a majority of the qualified electors of the City must approve the potential development, construction, or acquisition of affordable low income rental housing units if those units are assisted by a state public body, either financially or by supplying all or part of the labor, or otherwise; and WHEREAS, in Aprill978, the voters approved 400 units of low income rental housing pursuant to Article 34; and WHEREAS, the City has nearly exhausted this allocation; and WHEREAS, staff wishes to place a proposed ballot measure on the November 7, 2006 statewide general election ballot to authorize the City to participate in 1,600 additional low income rental housing projects pursuant to Article 34; and WHEREAS, the cost associated with placing this measure on the November 7, 2006 ballot is approximately $25,000, which is available from Low Moderate Housing Funds and is an allowable administrative expense for these Funds; 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 l5060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA and no environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista authorizes staff to place a ballot measure on the November 7, 2006, statewide general election ballot approving the potential development, construction, or acquisition of affordable low income rental housing units. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista directs the City Attorney to prepare an impartial analysis of the proposed ballot measure. 13-5 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista appropriates the $25,000 to the Low Moderate Housing Fund to cover the costs associated with placing the proposed ballot measure on the November 7,2006, statewide general election ballot. Presented by Approved as to form by Ann Hix Acting Director of Community Development ~a.J~ Ann Moore City Attorney ];lAttomeyIELISAIRESOSlArticle 34 reso.doc 13-6 COUNCIL AGENDA STATEMENT Item 14 Meeting Date 8/1/2006 ITEM TITLE: Resolution Appropriating $550,000 from the available balance of the Trunk Sewer Capital Reserve Fund to the Salt Creek Sewer Interceptor (SW- 219) Project and authorizing the use of these funds and other available project funds to be used for the repair of damaged public infrastructure and the mitigation of potential future damages due to trench settlement and unforeseen subsurface conditions associated with the construction of the Salt Creek Interceptor Sewer SUBMITTED BY: Director of Public Works Operation# Acting Director of En?g.w REVIEWED BY: Interim City Manager d' (4/5ths Vote: Yes.xNo~ The 13.5 mile-long Salt Creek Interceptor Sewer, which is designed to serve existing and future development within the eastern Territories, was built between 2001 and 2004 in four construction phases at a total capital cost of $32 Million. Five miles of this major infrastructure element were constructed beneath Main Street between Interstate 5 and Heritage Road. Since the project's completion, a number of Sweetwater Authority's settlement-sensitive water services under-crossed by the sewer trench have unexpectedly and suddenly failed. These breaks are considered catastrophic and have resulted in costly repairs to both the water laterals and the street as well as inconvenience to local residents and disruption of business and travel along Main Street. Trench and pavement failures have also occurred in a number oflocations along Main Street east of Sweetwater Authority's service area. The proposed resolution would appropriate $550,000 from the Trunk Sewer Capital Reserve Fund to the Salt Creek Trunk Sewer Project, and further authorize the use of these funds and other available project funds to be used to pay for (a) one-half of Sweetwater Authority's cost to reinforce thirty-six settlement-sensitive water services under-crossed by the Salt Creek Interceptor Sewer; (b) localized pavement repairs along the entire sewer alignment within Main Street; and, (c) additional geotechnical investigation ofthe trench settlement problem and recommendations to mitigate settlement impacts to public facilities. RECOMMENDA nON: That Council adopt the resolution appropriating $550,000 from the available balance of the Trunk Sewer Capital Reserve Fund to the Salt Creek Sewer Interceptor Project (SW-219) and authorizing the use of these funds and other available project funds to be used for the repair of damaged public infrastructure and the mitigation of potential future damages of public infrastructure due to trench settlement and unforeseen subsurface conditions associated with the construction ofthe Salt Creek Interceptor Sewer. BOARDS/COMMISSIONS: N/A 14-1 Page 2, Item I ~ Meeting Date 8/1/2006 DISCUSSION: The project was designed and constructed by reputable consultants and contractors with oversight by City staff. The specified materials and construction methods followed accepted standards and industry norms for this type of a facility. Beginning a little more than two years ago, pavement failures and water lateral breaks began occurring within the trench limits of the Salt Creek Interceptor Sewer at various locations under Main Street, between Industrial Boulevard and Heritage Road. Most of the water lateral failures would be considered catastrophic as they occurred suddenly and unexpectedly, disrupted business and travel along Main Street, and required immediate and costly repairs. Water lateral failures have occurred primarily with 4" and larger diameter asbestos cement pipe and failures became more frequent during the 2004- 2005 rainy season, which was the third wettest rainy season on record. These failures have resulted in substantial damages to both Sweetwater Authority and City of Chula Vista facilities. City and Sweetwater Authority staff, with the support of consultants retained by both agencies, have identified the underlying cause(s) of the catastrophic failures that have occurred with several of Sweetwater Authority's water services under-crossed by the sewer trench. Both agencies' staffs have concluded the series offailures has resulted from migration of the underlying soils supporting the water laterals. This unanticipated soil migration likely stemmed from both groundwater transport and settlement within the trench backfill. Future failures of settlement-sensitive water services are likely to continue as these unforeseen conditions persist within and adjacent to the trench. Sweetwater Authority and the City have incurred several hundred thousand dollars to date in repair costs related to failure of asbestos-cement water services. Both agencies' staffs have concluded there is shared responsibility for these failures. Staff from both agencies has worked jointly to identify solutions to significantly reduce the risk of these catastrophic failures occurring in the future, as well as validate our understanding of the underlying failure mechanisms. Therefore, to prevent further failure of settlement-sensitive water services and to determine long-term solutions that will control trench backfill settlement in other areas, City staff has formulated the following recommended actions: >- Share the cost of replacing 36 settlement-sensitive water services that were under-crossed by the Salt Creek Interceptor Sewer. Staff s recommendation is based upon the following: · A large majority of the existing settlement-sensitive water services are asbestos-cement pipe over two inches in diameter and will fail if the underlying trench settles significantly or suddenly collapses. A very small number of PVC pipes over 2" in diameter will also be repaired because they are also susceptible to failure if a loss of underlying soil support occurs. 14-2 Page 3, Item I Y: Meeting Date 8/1/2006 · If left uncorrected, continued failure of these settlement-sensitive pipes is very likely, resulting in significant disruption and costly damage to adjacent public and private improvements, including, but not limited to, pavement, curb, gutter, and sidewalks. · City and Sweetwater Authority staff have identified a solution to the settlement-sensitive water lateral problem that essentially replaces them with a system consisting of stronger pipe and a reinforced concrete slab under the new pipe that is able to "bridge" across the trench's full width without underlying soil support. · The City and Sweetwater Authority will equally share in the costs of water lateral replacements within the framework of our existing and long-standing cost-sharing arrangement. Sweetwater Authority, as successor to California Water & Telephone Company, is bound under the terms and conditions of an existing agreement approved by City Council Resolution No. 1494 with said California Water & Telephone Company. Total lateral replacement costs are estimated to be between $600,000 and $800,000. Therefore, staff is requesting an appropriation of$400,000 trom the Trunk Sewer Capital Reserve Fund for this work. Use of these funds is limited to the planning, design, or construction of sewage collection and treatment facilities and water reclamation facilities, unless otherwise approved by a four-fifths vote of the City Council. It is staffs opinion that the use of this funding source is appropriate for the purpose requested because the need to perform this work is related to, and necessitated by, the construction of the Salt Creek Interceptor Sewer. The Sweetwater Authority's Board has approved funding for this work and has authorized its staff to bid the work. }- Timely repairs to the roadway are necessary to address hazardous roadway conditions, to halt damage to underground and surface improvements, and to prevent damage to adjacent facilities. Therefore, staff recommends hiring a paving contractor under a public works contract on an as- needed, time-and-materials basis to perform pavement repairs needed now and over a one-year contract period. Staff is requesting an appropriation of$200,000 for this work in FY2006-2007. Thereafter, staff will annually assess the need to repair pavement failure caused solely by sewer trench settlement and will include funding requests in the Department of Public Works Operations' annual operating budget specifically for this work. }- Further geotechnical investigation be performed during repairs to both the water laterals and the pavement failures to validate and better understand the failure mechanism(s) and to establish recommendations for remediation with a high potential for success though the following: · The geotechnical consultant and City staff will observe excavations within failure areas during Sweetwater Authority lateral replacements to better understand conditions in areas that have not yet failed (the cost for 80% of this consulting work is included in the cost for replacing 36 settlement-sensitive water services). 14-3 Page 4, Item~ Meeting Date 8/1/2006 . The geotechnical consultant will perfonn subsurface borings to establish the presence and elevation of groundwater in and adjacent to the trench along the sewer's full length. . The geotechnical consultant will detennine, if practical, the root causers) for the trench settlement and distress and to provide long-tenn methods for repair and control. . Staffis requesting an appropriation of $65,000 for this work. SALT CREEK TRUNK SEWER- PROJECT FUNDING STATUS Remaining Balance of Project Funds orig. rom Trunk Sewer Capital Res. (293) $ 390,000 Remaining Balance of Project Funds orig. from Salt Creek DlF. (553) $140,000 r otal Available Project Funds $ 530,000 Outstandine: EXDenditures to be funded from Trunk Sewer Fund (293) :::ity's share of Sweetwater Authority Sewer lateral Replacements $400,000 Pavement Repair along Main Street $200,000 :;eotech Study $32,500 ~ompletion of the remaining portion of the Auto Park Sewer $150,000' Un-reimbursed Staff Time $117,500' :;taff Time to complete project (Constr. Inspection & Wastewater Engineering) $40,000' SubTotal Outstanding Expenditures $940,000 Outstandine: EXDenditures to be funded from Salt Creek DIF Fund (553) :;eotech Studv $32,500 Project Fund Balance Additional Trunk Sewer Funds needed to complete the project ($550,000) Remaining Balance of Salt Creek DIF funds upon completion of project $ 107,500 · other anticipated expenditures that will impact fund 293 14-4 Page 5, Item N Meeting Date 8/1/2006 Decision Maker Conflicts Staff has reviewed the property holdings of the City Council and has found no such holdings within 500' of the property which is the subject of this action. FISCAL IMPACT: The Salt Creek Trunk Sewer project was funded primarily from two sources: Trunk Sewer Capital Reserve Fund (for that section of the pipeline considered a regional facility) and Salt Creek Gravity Basin Development Impact Fee (DIT) Fund (for that section of the pipeline which serves only the properties within the Salt Creek and W olfCanyon sewer basins). Approximately $32 million has been allocated to the project to date. Staff is requesting an additional total appropriation of$550,000 from the Trunk Sewer Capital Reserve Fund. Upon completion of the Geotechnical Study and obtaining a better understanding of potential failures along the pipe alignment, there will be additional funding requests to repair any future damage to public improvements caused by trench settlement. Future requests for allocations for this effort will be included in the Department of Public Works Operations' annual operating budgets for the foreseeable future. The approval of this request will not result in any impact to the General Fund. /rah K:\Pubhc Works OperationslAgenda Statements FY06\Salt Creek Sewer Lateral and Pavement Repairs 2.doc 14-5 RESOLUTION NO. 2006- RESOLUTION OF THE CITY OF CHULA VISTA APPROPRIATING $550,000 FROM THE AVAILABLE BALANCE IN THE TRUNK SEWER CAPITAL RESERVE FUND TO THE SALT CREEK SEWER INTERCEPTOR (SW-2l9) PROJECT AND AUTHORIZING THE USE OF THESE FUNDS AND OTHER AVAILABLE PROJECT FUNDS TO BE USED FOR THE REPAIR OF DAMAGED PUBLIC INFRASTRUCTURE AND THE MITIGATION OF POTENTIAL FUTURE DAMAGES DUE TO TRENCH SETTLEMENT AND UNFORESEEN SUBSURFACE CONDITIONS ASSOCIATED WITH THE CONSTRUCTION OF THE SALT CREEK INTERCEPTOR SEWER WHEREAS, beginning a little more than two years ago, pavement failures and water lateral breaks began occurring within the trench limits of the Salt Creek Interceptor Sewer at various locations under Main Street, between Industrial Boulevard and Heritage Road; and WHEREAS, most of the water lateral failures would be considered catastrophic as they occurred suddenly and unexpectedly, disrupted business and travel along Main Street, and required immediate and costly repairs; and WHEREAS, water lateral failures have occurred primarily with 4" and larger diameter asbestos cement pipe and failures became more frequent during the 2004-2005 rainy season; and WHEREAS, these failures have resulted in substantial damages to both Sweetwater Authority's and the City ofChula Vista's facilities; and WHEREAS, both the City and Sweetwater Authority ("agencies") staff have concluded that the series of failures has resulted from migration of the underlying soils supporting the water laterals; and WHEREAS, future failures of settlement-sensitive water services are likely to continue as these unforeseen conditions persist within and adjacent to the trench; and WHEREAS, Sweetwater Authority and the City have incurred several hundred thousand dollars to date in repair costs related to failure of asbestos-cement water services; and WHEREAS, the agencies' staff have worked jointly to identify solutions to significantly reduce the risk of these catastrophic failures occurring in the future, as well as validate their understanding of the underlying failure mechanisms; and WHEREAS, the agencies will share the cost of replacing thirty-six settIement- sensitive water services that were under-crossed by the Salt Creek Interceptor Sewer; and WHEREAS, as timely repairs to the roadway are necessary to address hazardous roadway conditions, staff recommends hiring a paving contractor under a Public Warks contract on an as-needed, time-and-materials basis to perform pavement repairs needed now and over a one-year contract period; and 14-6 WHEREAS, geotechnical investigation will be perfonned during repairs to both the water laterals and the pavement failures to better understand the failure mechanism(s) and to establish recommendations for remediation with a high potential for success; and and WHEREAS, approximately $32,000,000 has been allocated to the project to date; WHEREAS, staff is requesting an additional total appropriation of $550,000 from the Trunk Sewer Capital Reserve Fund; and WHEREAS, any requests for allocations to repair any future damage to public improvements caused by trench settlement will be included in the Department of Public Works Operations' annual operating budgets. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $550,000 from the available balance of the Trunk Sewer Capital Reserve Fund to the Salt Creek Sewer Interceptor (SW-219) Project and authorizes the use of these funds and other available project funds to be used for the repair of damaged public infrastructure and the mitigation of potential future damages due to trench settlement and unforeseen subsurface conditions associated with the construction of the Salt Creek Interceptor Sewer. Presented by Approved as to fonn by ~<r<J\~~a~ Ann Moore " City Attorney Dave Byers Director of Public Works Operations J :/anomey/reso/finance\appropriation - Salt Creek Trunk Sewer SW -219 14-7 COUNCIL AGENDA STATEMENT ----- Item: ( ':7 Meeting Date: 8/01/06 SUBMITTED BY: Status report regarding Otay Valley Regional Park planning activities and budgeting Director of Planning ~~ildi-dff ,tJDS> Director ofRe~.'0!:) ~I City Manager ;1 (4/5 Vote: Yes_No...K..) ITEM TITLE: REVIEWED BY: Over the past decade the City of Chula Vista, along with the City of San Diego and the County of San Diego, have been assembling land and establishing guiding documents for the formation of the planned 8,000 acre Otay Valley Regional Park. This report provides Council with a requested update on efforts to establish this tremendous open space resource for residents of the City ofChula Vista and the South County. RECOMMENDATION: That Council accept the report. BOARDS AND COMMISSION RECOMMENDATION: N/A DISCUSSION: OVRP Planning Overview In 1990 the Cities of San Diego, Chula Vista joined together with the County of San Diego to sign a Joint Exercise of Powers Agreement (JEPA) for the planning and acquisition ofland to create the Otay Valley Regional Park (OVRP). The OVRP is managed by a three member Policy Committee, with elected representatives from each jurisdiction; an Executive Management Team, with Directors from each Parks and/or Recreation Department; and, assigned staff from each jurisdiction. A 30- member Citizen Advisory Committee supported by Staff makes recommendations to the Policy Committee. In 2001, the OVRP Concept Plan was adopted after significant public input, and now serves as the blueprint for formation of the regional park, including goals, design elements and policies. Since establishment of the Concept Plan significant parkland acquisitions have continued to occur, primarily through grant funding. A total of 903 acres of land have been acquired for the regional park; 302 acres within the City of San Diego; 418 acres within the County of San Diego; and 183 acres within the City of ChuIa Vista (See Attachment 1). Additionally, the Finney Overlook, consisting of the a public educational viewpoint constructed adjacent to Finney Elementary School, overlooking the Otay Valley from the south side, was completed and opened earlier this year. Several guiding documents for the OVRP have also been prepared, including the following: 15-1 Page No.2, Item: ! S Meeting Date: 8/01106 · OVRP Strategic Plan - Prepared in 2001, this document identified the strengths, weaknesses, opportunities and threats of implementing the OVRP. Current and future actions were outlined that have guided jurisdictional staff actions after adoption of the OVRP Concept Plan. · OVRP Trail Guidelines - Prepared by a consultant with State of California grant funding in 2003, this document establishes guidelines for the development of trails and staging areas throughout the planned OVRP. · OVRP Design Standards and Guidelines - Prepared by a consultant with State of California grant funding in 2005, as well as OVRP Joint Staff, this document establishes standards for the development of structures, signs, kiosks, etc. throughout the OVRP. Guidelines for development that occurs adjacent to the OVRP are also included. · OVRP 1-5 to 1-805 Trails Construction Plans- Prepared by consultant services with State of California Proposition 13 parks bond funding and approved in June 2006, these construction plans provide the primary trail and staging areas for the OVRP extending from just west of Interstate 5 Freeway to Interstate 805 Freeway. These trails and staging areas will be constructed on both sides of the Otay River meandering through the City of San Diego and Chula Vista jurisdictional areas. · Draft OVRP Habitat Restoration Plan and Exotic Species Removal Plan - Prepared by a consultant with State of California grant funds and completed this year, this plan provides guidelines for habitat restoration activities throughout the planned OVRP. As mitigation requirements are identified for park improvement activities (trails, staging areas, etc.) and exotic plant removal occurs within the Otay Valley, this document will provide resource agency-accepted protocols to ensure success. · Draft Western OVRP Natural Resource Management Plan - Prepared by consultant services under a grant obtained by the City of San Diego, this plan will guide open space preservation and park maintenance/management activities west of Heritage Road within both San Diego as well as Chula Vista jurisdictional areas, furthering Multiple Species Conservation Program conservation efforts. It is expected that this document will be brought forward later this year for adoption by both the City of San Diego and the City of Chula Vista. Joint Staff to the OVRP assigned from each of the three member jurisdictions have been involved in obtaining grant funds to support preparation of the above guiding documents, have managed and worked with consultants hired to prepare them, and have ensured consistency with individual jurisdictional plans and policies as projects occurred. These staff commitments have been, and continue to be, provided in-kind by each of the jurisdictions. With many of these broad planning efforts completed, the emphasis of work is now shifting to operations and management functions. On November 1, 2005, staff presented, and Council approved a revised JEP A for the OVRP that added operations and management functions to the tri- 15-2 ,/' Page No.3, Item: i 'J Meeting Date: 8/01106 jurisdictional agreement. At that meeting Council asked that staff return with a report on the status of funding activities related to regional park activities. OVRP Budget Overview Within the OVRP JEP A it is established that executives from each jurisdiction will meet annually to agree on budget proposals for the park, which are then subject to adoption by the policymakers of each jurisdiction. In some instances funds originally targeted for one purpose may have been used for another, or one jurisdiction may have paid 100% for one item and the others 100% for something else, but the agreed upon equity between jurisdictions has been monitored and maintained through the Executive Committee. . Previous Expenditures Previous approvals by Council have included funding appropriations to provide fair-share contributions toward regional park clean-up efforts, fair-share funding for providing a park ranger presence in the park, and funding toward the purchase of a park ranger facility in the western portion of the park. Budget expenditures for each of the three member jurisdictions prior to the year 2004 were largely made up of staff time allocated as support to planning and acquisition of the park, as well as on- going clean-up, fencing and signing of park land acquired. Ten to twenty percent of two Planning & Building Department staff s time has been dedicated to assisting preparation of park planning documentation, prioritizing lands for acquisition, and obtaining and spending grant funds for acquisition of open space lands, along with the City of San Diego and County staff contributions. Additional activities have included providing staff support to the Citizen Advisory Committee, which meets monthly, as well as the Executive Management Team and the Policy Committee who meet on a quarterly basis. In 2004, a Capital Improvement Program project was approved for Chula Vista's fair share contribution for the purchase of a Park Ranger station (ClP Account #PR254) amounting to $100,000 (subject of a separate Council Agenda item). Additionally, a total of $61,105 has been included as an annual budget amount to cover miscellaneous park costs, including a one-third share of park ranger costs, fencing, gates, and small equipment in support of operations for the park. These funds, however, were largely targeted for Chula Vista's 2005 contribution to a contract with the State of California for the use of Donovan prison work crews to augment volunteer clean-up efforts throughout the western Otay Valley, to which the County matched and the City of San Diego matched through covering Chula Vista's share of the ranger costs. This on-going contract is administered by the County of San Diego Parks & Recreation Department, with fair share funding being contributed by each of the three member agencies. 15-3 /' .<:... Page No.4, Item: 1.../ Meeting Date: 8/01/06 The City of San Diego, the County of San Diego and the City of Chula Vista committed or expended an equal share of public funds (excluding grant funds) toward implementation of the OVRP in fiscal year 2005-2006, which included Chula Vista's total of$46,500. . Current Budget (FY 06-07) The fiscal year 2006-2007 equal share Donovan contract expenditure is expected to be $46,500, and will again be paid through funds already allocated within the Planning & Building Department's annual budget of$61,105. . Future Budgets It is anticipated that in FY 07, especially after construction of the initial trails and staging areas between Interstate 5 and 805, a modification to the budget will likely be requested to account for the maintenance of these new facilities in a fair share division of costs. Staff will need to return to Council mid-year to accordingly adjust the above noted FY 07 budget. It is anticipated that Chula Vista's staff support will likely be similar; however, funding contributions to cover maintenance and management of soon-to-be active areas of the park are expected to increase three-fold (closer to $200,000). Staffs from the three jurisdictions are currently analyzing budget proposals for the OVRP that will involve significantly increased costs based on new facilities in the park. The OVRP Executive Management T earn (Directors of Parks & Recreation for City of San Diego & County; Director of Recreation for City ofChula Vista) will continue to monitor budget expenditures to maintain a fair share accounting. Decision Maker Conflicts Staffhas reviewed the property holdings ofthe City Council and has found no such holdings within 500' of the property that is the subject of this action. FISCAL IMPACT: There are no fiscal impacts associated with this status report. A separate, accompanying report contains a current budget request regarding Chula Vista's fair share contribution toward construction of a Park Ranger station and restroom facilities. Staff will bring future budget requests and adjustments related to the OVRP forward to Council after each jurisdiction has provided its proposed FY 06-07 budget estimates. Chula Vista is reliant on budget estimates provided by the other jurisdictions in order to assess a fair share budget cost estimate. Attachments: 1. OVRP Concept Plan Map 2. OVRP Land Acquisitions 15-4 _ i -c.. i_ ~~ I.~ J C- - U I: _,,__1.., . ~______M_ ..~---_._._- -~~~._-_.._-_._. ~ I ~ ~ ~ ~ i ! ~1 I .;;:.. ~. ~ l~; L; , ~ ! .: ~ ~ ~ I- I /. f! , ;< ~; ~ ~, :r., , " n j ~ ~ ~ ,...:j <: z o - Co-' ;;J ;>< ~ ,...:j ,...:j ~ ~ b ~ ; ~ ! ........,' .' " -I ..- ----l: t' / , /~ s 1-' , ~ .- , --. . ; , ". I I: I ...~~ ..wl .~." ;\1/ ,;' f::. ;''3 ~l~'2:) i\ }~.....r /) _,' :,' '<-~" I'.... ". ~:~.'o.;~...__~ , -..~'-~ ; "1 , .' ! . '. , \ ' '. j I '\ . '~J;> '\ ". ...~~,.,.- ~-"'~:' ~,v" '\ .' h ;.,"'~ ~~,t, / , j '. ./ '( ',J '1\ "~i;' ; U' \ "'w _,~:~ \(1 . ~J t- ~ II ._A"( /1 e g ~ ~",. V J ,.,/- \ .;-/ ;/ . .~,;;;/ ~ '{ -:; r ",- ". ..... ,i - I_~ __ ~~",_~?c_:"/---:-f:-:::::t: -''''':~ ~ I'_,_~.~"'-;f' ~.~ . ~<. r:::;"<.",;;.~P;;;iP'~~~;;;",j;;' \ ~., , ~ ! " -_... , q ~- . .,." r - I 1 I t. .'i. ./ ~ , 5 . .', l J --:.-::::=-::-.~~~:;"::::-;:-:::::~:'-:' tJ&'""." .. - '._~- ----~ ~.- ,,::::,'],- - ~-_.,_.-.._".,_.._,,,. '---"-- ._-~------ -----. - ~-_.__.- -.--.----..-. 15-5 -1 I \ ,~4~. "'1.1 ....."11 'f"!!I" ';:j,U ~ I~ ;>;: ~ 1'5i ... i' / z o i= <( () o ...J Z o i= ~ (/) 0:: w C) z C2 D- o:: > o OT A Y VALLEY REGIONAL PARK LAND ACQUISITION HISTORY 5-1-06 The following tables of acreages identify only areas that were obtained for Park Land or Habitat Restoration. These tables do not include areas that have been dedicated by private developers for the purpose of Open Space dedication per the requirements of a Resolution of approval of a Subdivision Map. PROPERTY ACRES DATE ACQUIRED ACTUAL COST Acauired Bv Finney 4.12 1 0-5-04 Donation County of San Diego Elementary Surolus Value $50,000 2006 Caltrans Settlement PROPERTY ACRES DATE ACQUIRED ACTUAL COST Acauired By Gardner- 22.3 1-13-06 $1,785,600 County of San Diego Escondido 2006 MSCP PROPERTY Sandoval ACRES 1.41 DATE ACQUIRED ACTUAL COST 2-10-06 $50,000 Year 00/01 Coastal Conservancy Grant Proposition 12 & 13, River Parkway Funds (Total Acquisition Fundinq is $10,038,121) PROPERTY ACRES DATE ACQUIRED ACTUAL Acquired By COST Otav Land Co. 113.1 2-28-06 $1,490,000 County of San Dieao Sandoval 11.31 2-10-06 $650,000 County of San Dieao Lanzetta 5 4-18-05 $125,000 County of San Dieao Grindle 7.6 4-13-05 $91,200 County of San Dieao Kimball 16.3 3-23-05 $196,000 County of San Dieao Georaiana Smith 90.19 9-21-04 $2,611,000 County of San Dieao Grea Smith 101.33 6-16-04 $3,243,000 County of San Dieao Munson Otav 19.82 6-25-03 $13,300 County of San Dieao Takashima 10.13 4-17 -03 $253,250 County of San Dieao Baker 6.32 2-4-03 $95,000 County of San Dieao TOTALS 381.1 $8,767,750 15-6 1 Mntii:!atilorl Siltes (This property was rei:!l.!~redl as part of mit!i:!at~orl for habitat impacts. The property has a cOrlservatiorl easemerlt Or! it for habitat preservatilorl). Acreage Acquisition Cost 6.86 0 11.02 0 1.8 0 TOTAL 19.68 Year 1992 Coastal Conservancy Grant ($1.5 million) PROPERTY ACRES DATE ACQUIRED ACTUAL COST Acquired Bv 78.01 1993 $1,417,450 Citv of San Diego This grant also included the development and 1992 adoption of the Otay River Valley Enhancement Plan prepared by Wallace Roberts and Todd, and provided for funding of two pipe rail gate accesses at Beyer Way and Beyer Blvd. This grant was fully expended. Grant Summary Year Grant AmounWalue Acres Purchased to date Amount spent to date 00101 Coastal Conservancy $9,700,000 381.1 $8,767,750 Proposition 12/13 *$10,938,121 00 Habitat Conservation $46,000 .99 $46,000 Fund 00 Habitat Conservation $238,000 20.18 $238,000 Fund 99 Coastal Conservancy $3,250,000 85.39 $2,010,020 (* See note Proposition 12 below) 97 Coastal Conservancv $3,000,000 161.18 $3,000,000 92 Coastal Conservancv $1,500,000 78.01 $1 ,417,450 Total $16,234,000 726.85 $15,479,220 * The remainder ($1,238,121) of the 1999 Coastal Conservancy grant was transferred to the 2000/2001 Grant 15-7 COUNCIL AGENDA STATEMENT Item: 10 Meeting Date: 8/01/06 ITEM TITLE: Resolution of the City Council of the City of Chula Vista appropriating $100,000 to the Other Services Category of the FY 07 Planning and Building Department budget from the available balance of the General Fund for the purchase and construction of a Park Ranger station and related restroom facilities for the Otay Valley Regional Park, and authorizing the City Manager to pay these funds to the City of San Diego for that purpose. Director of Planning an~ild~j\)$ Director ofRecreation~ r' " /' City Manager /1 (4/5 Vote: Yes XNo ~ SUBMITTED BY: REVIEWED BY: Over the past decade the City of Chula Vista, along with the City of San Diego and the County of San Diego, have been assembling/maintaining land, and establishing guiding documents for the formation of the Otay Valley Regional Park (OVRP) under a Joint Exercise of Powers Agreement (JEPA), Through the JEPA, each jurisdiction has been contributing fair share funding for OVRP related costs as discussed in the report under Item A. Council is now being asked to appropriate $100,000, matching the same contribution from San Diego and the County, for the purchase and construction of a Park Ranger station and related restroom facilities for the OVRP. RECOMMENDATION: That Council: I) adopt the Resolution appropriating $100,000 to the Other Services Category of the FY 07 Planning and Building Department budget from the available balance of the General Fund for the purchase and construction of a Park Ranger station and related restroom facilities for the Otay Valley Regional Park; and, 2) authorize the City Manager to sign an agreement for the payment of funds to the City of San Diego for that purpose. BOARDS AND COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: Background In 1990, the Cities of San Diego and Chula Vista joined together with the County of San Diego to sign a Joint Exercise of Powers Agreement (JEP A) for the planning and acquisition ofland to create the Otay Valley Regional Park (OVRP). In 2004, the Cities of Chula Vista, San Diego and the 16-1 Page No.2, Item: I " Meeting Date: 8/01106 County of San Diego collectively appropriated $200,000 ($67,667 each) toward the future purchase of a Park Ranger trailer for the OVRP. To minimize the interagency transfer of funds, and maintain a fair share approach, Chula Vista and San Diego each previously appropriated $100,000 for the trailer, with the County covering approximately $100,000 of costs toward fences, gates and other equipment (vehicle, tools, etc.). At that time, the establishment of an appropriate location for this temporary facility had not yet occurred; therefore these funds have been held on account. Since that time, plans for the construction of permanent trails and a staging area where the Park Ranger station will be located have been approved, and the project is expected to begin in September 2006. Appropriations Request The Policy Committee for the OVRP (made up of one representative from each agency's respective Councilor Board) has recommended that the Park Ranger station be a more permanent, vandalism- resistant facility providing the regional park a strong initial identity. In addition to the permanent Ranger station, restroom facilities are now also proposed. The cost estimate to construct the permanent ranger station and related restroom facilities has increased to a total of$500,000, versus the $200,000 previously appropriated for the temporary trailer facility. Therefore, as equal participants in establishment of the OVRP, each of the agencies are being asked to contribute an additional $100,000 to fund this $300,000 increase. This contribution, combined with the $100,000 previously appropriated by Council in CIP Account #PR254, and $100,000 currently in a holding account (payment from City of San Diego), will cover the $500,000 total cost of the new facilities. Decision Maker Conflicts Staff has reviewed the property holdings of the City Council and has found no such holdings within 500' of the property that is the subject of this action. FISCAL IMPACT: The total impact to the general fund is $100,000. These funds will be appropriated to the Other Expenses Category of the FY 07 Planning & Building Department Budget from the available balance of the General Fund, and paid through legal agreement to the City of San Diego for purchase and construction of the Park Ranger station and related restroom facilities. It is anticipated that in FY 07, after construction of the ranger station and related restroom facilities, a modification to the budget will likely be requested to account for the maintenance of these new facilities in a fair share division of costs. Attachments: 1. Draft Agreement 16-2 DRAFT AGREEl\1ENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE PURCHASE OF A RANGER ST A nON AND RESTROOM FACILITIES WHEREAS, the City of San Diego and the City of Chula Vista (Parties) both own and manage open space property in the Otay Valley Regional Park (OVRP); and WHEREAS, in 2004 the Cities ofChula Vista and San Diego each appropriated $100,000 toward the purchase of a park ranger trailer for the OVRP and the County of San Diego appropriated $100,000 for fences, gates and equipment associated with management ofthe OVRP; and WHEREAS, the Cities ofChula Vista and San Diego entered into an Agreement in March 2005 where the City of San Diego agreed to transmit and transmitted $100,000 to the City of Chula Vista for the park ranger trailer; and WHEREAS, the Parties now desire to have the City of San Diego purchase and construct a permanent ranger station, as well as related restroom facilities, in conjunction with their construction of the planned Beyer Boulevard OVRP staging area; and WHEREAS, the City of San Diego has requested that their $100,000 contribution be returned so that they can purchase and construct a permanent ranger station and related restroom facilities; and WHEREAS, the City of San Diego has requested that the City of Chula Vista provide an additional contribution of $1 00,000 for the purchase and construction of the permanent ranger station, and related restroom facilities. NOW THEREFORE, the Parties agree as follows: 1. The Amended Joint Exercise of Powers Agreement Among the County of San Diego and the Cities of Chula Vista and San Diego for the Otay Valley Regional Park approved by the City of Chula Vista City Council on November 1, 2005 is incorporated into this Agreement as if set forth in full. 2. The City of Chula Vista agrees to transfer $100,000, representing the City of San Diego's initial contribution, back to the City of San Diego for the purchase and construction of a permanent ranger station and related restroom facilities. 3. The City of San Diego agrees to contribute an additional $100,000 for a total contribution of $200,000 for the purchase and construction of the permanent ranger station and related restroom facilities. 16-3 4. The City of Chula Vista agrees to contribute an additional $100,000 for a total contribution of $200,000 to the City of San Diego for the purchase and construction of a permanent ranger station and related restroom facilities. 5. The City of San Diego agrees to accept the total contribution of $200,000 from the City of Chula Vista, and, subject to the approval of any appropriations or other necessary actions by the San Diego City Council, purchase and contruct the ranger station and related restroom facilities at the Otay Valley Staging Area on Beyer Blvd., San Diego, California. 6. The Parties agree that the ranger station and related restroom facilities are to be used by the Park Rangers responsible for the management of properties within the OVRP. 7. The specific standards of the ranger station and related restroom facilities shall be agreed upon by both Parties prior to purchase and construction. 8. Upon discontinuance of the ranger station or restroom facilities for the benefit of the OVRP, disposition of these facilities will be agreed upon by both Parties. 9. The Parties agree to execute such other documents and to take such other action as may be needed or required to effectuate the terms, conditions, covenants, and provisions of this Agreement. 10. This Agreement has been negotiated and entered into in the State of California, and shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of California. II. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, representatives, successors, and assigns. 12. This Agreement constitutes the entire Agreement between the parties. Any amendment to this Agreement must be in writing and signed by the Parties. 13. The Parties represent and declare that in executing this Agreement, they rely solely upon their own judgment, belief, and knowledge and the advice and recommendations of their own independently selected counsel. 14. The Parties represent and declare that they have carefully read this Agreement and they know the contents thereof, and that they signed the Agreement freely and voluntarily. 15. The Parties acknowledge and agree that this Agreement has been prepared by the mutual parties and reviewed by each of them, and therefore shall not be construed against any Party because that Party's representative drafted the Agreement or any portion of it. 16-4 CITY OF CHULA VISTA Jim Thomson Interim City Manager Date CITY OF SAN DIEGO Ted Medina Date Director Park and Recreation Department 16-5 I" , L, I I , ~ ".,~ i- f 0 < ;;C "tJ ~ Z C) m ;;C C/I -I > ::! 0 z r- 0 (') > -I 0 Z ,--- , .~. $''' ~~ .> I:: ,~ .. ~n~~! . !r,'''~' , I,',. , ... 0; ~ '~'" ;;.:,,; i~. ~, . , I \.- ._-,-~ ;,)~_ _ _.._=,.,...",j;i....At ~~=:::-::;.:::~.:..~:.=-~!;;:'~~~~:-;i~< i ~~--- \1 f- -._----..;.---. ' . ~~ I. ~ N' . ... if (' I . .~-, i ",!~ \,....,~~ &--'\., . \ ~'~~-r;:e.',../'\~t~."! -...-#.. .-~ ;7'i", . ~"":'-'1'" -. '.... .- \ \...... , ,,:--::,,--.1'~ .," ~.<;> ~ ,:",,~""i ;t; _~ ."'._ ""'Jf~ ~ I, ~o;'l 1. -~. / ):C' ';r~ l~"~\~li '. ,''j;;; , .... ...C';'.' I \: .-..- 'i .. ,i';" \ I >t(f' ',,\~ ! I ./;,\ -~ 2 i ~. ~~ ;! \ : "~" i '\j .. j ~' --- ", :r'-'-- 1:~' 1.\ (', , ,..~' \ - ~, \ , t-~...,-... : , , . , , ;I_~~ ~l .t 'I; .>#1\ I. '.,........- .. ., , . , ~- ! i ., ''\ ", ~ ~ , . , . . - " f !~---- , J .t ',~ .. .' - !....... , ~ ::, ~ ~ , , .. ';::0; ,. ~ ~1 ~ .~ ~} .., ~ .11 ;:.. n n \~ :~ " I ~:"I-~r= Q" Jr r, ~ ... ;; g ~ I;";; r t ::'1 =-s. I , ;~ ; ~ " , j I ~ ' ? ~ f f f (j . js ;. t~ , . ---1 -"-.--"--'~~----- -"--..-- ----- 16-6 o ~ ~ r"' r"' tr1 10( G1 C') - o z > I:"" ~ ~ ~ _._-~ RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $100,000 TO THE OTHER SERVICES CATEGORY OF THE FY 07 PLANNING AND BUILDING DEPARTMENT BUDGET FROM THE A V AILABLE BALANCE OF THE GENERAL FUND FOR THE PURCHASE AND CONSTRUCTION OF A PARK RANGER STATION AND RELATED RESTROOM FACILITIES FOR THE OTAY VALLEY REGIONAL PARK, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF SAN DIEGO TRANSFERING A TOTAL OF $200,000 TO THE CITY OF SAN DIEGO FOR THE RANGER STATION. WHEREAS, the City of Chula Vista, the City San Diego and the County of San Diego ("Agencies") exercise jurisdictional control over property located within the Otay River Valley area and have entered into a Joint Exercise of Powers Agreement ("JEPA") for the planning, design and acquisition ofland for the Otay Valley Regional Park ("OVRP"); and WHEREAS, in 2004 the City ofChula Vista, in Capital Improvements Program Project PR254, and the City of San Diego each appropriated $100,000 toward the purchase of a park ranger trailer for the OVRP and the County of San Diego appropriated $100,000 for the fences, gates, and equipment associated with the ranger trailer; and WHEREAS, the Cities of Chula Vista and San Diego entered into an Agreement in March 2005 where the City of San Diego agreed to transmit and transmitted $100,000 to the City ofChula Vista for the City of San Diego's contribution toward the park ranger trailer; and WHEREAS, the Agencies now want to have the City of San Diego purchase and construct a permanent ranger station and related restroom facilities in conjunction with Its construction of the Beyer Boulevard OVRP staging area: and WHEREAS, the City of San Diego has requested that their previous contribution of $100,000 be returned to it so it can purchase and construct a pennanent park ranger station and related restroom facilities; and WHEREAS, the City of San Diego has asked that the Agencies to contribute an additional $100,000 each for the purchase and construction of a permanent park ranger station and related restroom facilities; and WHEREAS, the City of Chula Vista and the City of San Diego have negotiated an Agreement where the City of Chula Vista will transfer the $100,000 16-7 Resolution 2006 - Page 2 of2 appropriated in 2004 and the additional $100,000, for a total contribution of $200,000, to the City of San Diego for the purchase and construction of a pennanent park ranger station and related restroom facilities; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista that it appropriates $100,000 to the Other Services Category of the FY 07 Planning and Building Department budget from the available balance of General Fund for the purchase and construction of a park ranger station and related restroom facilities for the Otay Valley Regional Park. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes the City Manager to sign an agreement for the transfer of $200,000 to the City of San Diego for the purchase and construction of a permanent park ranger station and related restroom facilities, a copy of which shall be on file of the Office of the City Clerk. Presented by Approved as to form by James D. Sandoval Planning and Building Director '~, ()~(~ Ann Moore City Attorney Buck Martin Director of Recreation Jo\,Attol11ey\ELISA\RESOS\Reso - QVRP Ranger StatIon $IOO.OOO.doc 16-8 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPRO V AL BY THE CITY COUNCIL ~/ /: \".-C>.r....c__~j_ /'1 /, ( .,. L-<--::.-~~.' Ann Moore City Attorney i D d -,j. -.i...- ate' !'''?--f'''.1,.~ AGREEMENT BETWE'gN THE-cITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE PURCHASE OF A RANGER STATION AND RESTROOM FACILITIES 16-9 AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE PURCHASE OF A RANGER STATION AND RESTROOM FACILITIES WHEREAS, the City of San Diego and the City of Chula Vista (Parties) both own and manage open space property in the Otay Valley Regional Park (OVRP); and WHEREAS, in 2004 the Cities of Chula V ista and San Diego each appropriated $100,000 toward the purchase of a park ranger trailer for the OVRP and the County of San Diego appropriated $100,000 for fences, gates and equipment associated with management of the OVRP; and WHEREAS, the Cities of Chula Vista and San Diego entered into an Agreement in March 2005 where the City of San Diego agreed to transmit and transmitted $100,000 to the City of Chula V ista for the park ranger trailer; and WHEREAS, the Parties now desire to have the City of San Diego purchase and construct a permanent ranger station, as well as related restroom facilities, in conjunction with their construction of the planned Beyer Boulevard OVRP staging area; and WHEREAS, the City of San Diego has requested that their $100,000 contribution be returned so that they can purchase and construct a permanent ranger station and related restroom facilities; and WHEREAS, the City of San Diego has requested that the City of Chula Vista provide an additional contribution of $100,000 for the purchase and construction of the permanent ranger station, and related restroom facilities. NOW THEREFORE, the Parties agree as follows: 1. The Amended Joint Exercise of Powers Agreement Among the County of San Diego and the Cities of Chula Vista and San Diego for the Otay Valley Regional Park approved by the City of Chula Vista City Council on November 1, 2005 is incorporated into this Agreement as if set forth in full. 2. The City of Chula Vista agrees to transfer $100,000, representing the City of San Diego's initial contribution, back to the City of San Diego for the purchase and construction of a permanent ranger station and related restroom facilities. 3. The City of San Diego agrees to contribute an additional $100,000 for a total contribution of $200,000 for the purchase and construction of the permanent ranger station and related restroom facilities. 16-10 4. The City of Chula Vista agrees to contribute an additional $100,000 for a total contribution of $200,000 to the City of San Diego for the purchase and construction of a permanent ranger station and related restroom facilities. 5. The City of San Diego agrees to accept the total contribution of $200,000 from the City of Chula Vista, and, subject to the approval of any appropriations or other necessary actions by the San Diego City Council, purchase and contruct the ranger station and related restroom facilities at the Otay Valley Staging Area on Beyer Blvd., San Diego, California. 6. The Parties agree that the ranger station and related restroom facilities are to be used by the Park Rangers responsible for the management of properties within the OVRP. 7. The specific standards of the ranger station and related restroom facilities shall be agreed upon by both Parties prior to purchase and construction. 8. Upon discontinuance ofthe ranger station or restroom facilities for the benefit of the OVRP, disposition of these facilities will be agreed upon by both Parties. 9. The Parties agree to execute such other documents and to take such other action as may be needed or required to effectuate the terms, conditions, covenants, and provisions of this Agreement. 10. This Agreement has been negotiated and entered into in the State of California, and shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of California. II. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, representatives, successors, and assigns. 12. This Agreement constitutes the entire Agreement between the parties. Any amendment to this Agreement must be in writing and signed by the Parties. 13. The Parties represent and declare that in executing this Agreement, they rely solely upon their own judgment, belief, and knowledge and the advice and recommendations of their own independently selected counsel. 14. The Parties represent and declare that they have carefully read this Agreement and they know the contents thereof, and that they signed the Agreement freely and voluntarily. IS. The Parties acknowledge and agree that this Agreement has been prepared by the mutual parties and reviewed by each of them, and therefore shall not be construed against any Party because that Party's representative drafted the Agreement or any portion of it. 1 6-11 CITY OF CHULA VISTA Jim Thomson Interim City Manager Date CITY OF SAN DIEGO Ted Medina Date Director Park and Recreation Department 16-12 ~\I?- ~ -:;;~~~ _-:0... _- Mayor and City Council City Of Chuta Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO ClN OF CHUlA VISTA Thursday, July 27, 2006 TO: Lorraine Bennett, City Clerk ft/ FROM: Zaneta Salde Encarnacion, Constituent Services Manager RE: Board/Committee/Commission Reappointments Mayor Padilla would like to recommend the foliowing commissioners for re-appointment to their second or first term: Appeals and Advisors Board: Matt Flach Charter Review Commission: Humberto Peraza, Childcare Commission: Nancy Kerwin (ex-officio), Jerome Sandoval Commission on Aging: Helen Marie Stokes, John Acosta, Cultural Arts Commission: Kerry Knowlton, Tiffany Vinson, Susan Liston, Sara Deavenport Board of Ethics: Michael German Growth Management Oversight Commission: Matthew Waters Housing Advisory Commission: Gregory Alabado, Nancy Batterman (ex-officio) Human Relations Commission: Perny Cosca-Reese, Juan Celeya International Friendship Commission: Elva Melior Board of Library Trustees: Eduardo Valerio Mobilehome Rent Review Commission: Joanne Clayton Parks & Recreation Commission: Francisco Rios Resource Conservation Commission: Douglas Reid, Eric Mosolgo, Lynda Gilgun Cc: Tom Oriola, Chief of Staff Mayor Stephen C. Padilla C')o :t:i:::=t -<-< n.o .-"TI me> ::o~ ::Xc::: -r- V"p. o m< ~(,/) (")~-,,; rnJ~'. ~ f= /0 !:::! :XI fT1 () fT1 - < (11 o ~ N tS G) Page 1, Item: Meeting Date: /1 8/1/06 COUNCIL AGENDA STATEMENT Joint Report Regarding Update on Discussions with the San Diego Chargers SUBMITTED BY: Mayor padi.Jcr ~ Deputy Mayor Mccann!,,1 ITEM TITLE: (4/Sths Vote: Yex_ No l) As authorized by the City Council at the May 9, 2006 Council meeting, we have met with representatives of the San Diego Chargers twice. This report is to provide an update on those discussions. RECOMMENDATION: That Council receive this report and authorize continued limited discussions with the Chargers. BOARDS/COMMISSIONS RECOMMENDATION: N/ A DISCUSSION: As authorized at the May 9, 2006 Council meeting, we have met with Dean Spanos and Mark Fabiani of the San Diego Chargers on May 31 and July 27, 2006. They are exploring various potential alternatives to keep the Chargers in the San Diego region, including potential sites in Chula Vista. They have indicated that they plan on having some discussions with at least one property owner in Chula Vista and may wish to have their consultants obtain some basic information from city staff, similar to what any potential developer might request. We would characterize these meetings as very preliminary and general in nature, and recommend that we continue to have such discussions, as appropriate. Our impression is that there is a serious interest by the Chargers in further examining sites in the San Diego region, including Chula Vista. If in the future the tenor of these discussions becomes more serious about a site in Chula Vista, we will bring the issue back to the City Council for further discussion. FISCAL IMP ACT: There is no fiscal impact from these continuing discussions, except limited staff time involved in some preliminary discussions and some minor logistical costs, such as for the July 27 tour provided to Mr. Spanos and Mr. Fabiani. 19 \. t ~M9~S~ . . . . '" ~ .' COALITION OF MOBllEHOME OWNERS SPECIAL ALERT ISSUE RENT CONTROL & THE MRL (CIVIL CODE) COULD BE LOST IF THIS INITIATIVE PASSES As of June 26th the Secretary of State of California announced the Initiative(SA2005RF01460) called the "Protect Our Homes Initiative" has qualified for the November 7, 2006 ballot as Proposition 90. This is verV serions. Proponents are telling us that this proposition won't eliminate existing rent control and that it deals primarily with Eminent Domain, i.e. the governments right to take private property. But don't be fooled. It \VILL NOT protect our homes. Quite the contrary, we could lose our rent control and even the Mobilehome Residency Law. We have NO doubt that it will deal a devastating blow to mobile home owners. Our attorney, Mr. Jim Holmes, and Maurice Priest of GSMOL both a,,'fee that this is a very dangerous initiative. We feel our rents could increase $200 or more. Here in Los Angeles rents in non-rent controlled areas are often double what they are under rent control. WHAT WOULD YOU DO IF YOUR RENT DOUBLED? And it's not just the increased rents. Your mobile home would, overnight, be worth much less (thousands of dollars less). EVEN IF YOU DO NOT LIVE UNDER RENT CONTROL NOW, THIS IS SERIOUS The consequences to you may even be more serious. Your landlord may see this as an opportunity to "push the envelope harder." This could result in larger rent increases more often-we simply can not afford to allow this PROPOSITION to become law. It is time to act. We have four months to MAKE A DIFFERENCE. We all need to work hard to defeat Prop 90. So what we suggest you do? . If you can't get to the polls to vote, apply for a permanent Absentee voter status. . VOTE on November 7th and VOTE NO on this Proposition. . Join our familv. Membership in CoMO-CAL is only $15/12 months or $40 per 36 months. You receive monthly issues of THE VOICE, advice when you need it, attorney referrals, ALERTS, and much more. Whcn you join, you will be helping yourself as well as other mobile home owners across the State of California. Be part of the SOLlITION, not part of the PROBLEM. Let's unite together. . Support our efforts to get the word out. This means DONATE. We are now a 501 (c)3 nonprofit. Your dona- tions are tax deductible. Remember, we have NO OVERHEAD. Your donation does not pay for staff. 100% goes to cover costs of paper, printing, and mailing . Get the word out yoursclf. Tell your friends, neighbors, and relatives. All voters should VOTE NO on Proposi- tion 90. Don't make the mistake-a yes vote will eliminate Eminent Domain, but at what cost to mobile home owners! We could lose our homes. LET'S DEFEAT PROPOSITION 90 - TOGETHER! ~ 1 COALITION OF MOBILEHOME OWNERS-CALIFORNIA BACKGROUND-RENT CONTROL IN THE STATE OF CALIFORNIA The State of Cali fomi a is the last bastion of rent control in the country. We have some form of rent control (actualJy rent stabilization) in roughly 100 cities and 7 counties. Here in Los Angeles, for instance, we have a rent stabilization ordinance (RSO) which alJows increases from 3% to 8% depending on the Con- sumer Price Index. Over the last II years this has resulted in increases of 3% (although the CPI was often around 1 %). For the year beginning July 1, 2006, the increase will be 4%. WHA T HAPPENS IF WE LOSE RENT CONTROL? HOW ARE RENTS AFFECTED? The consequences could be chaotic. Just look at a few examples. Rents in parks just a few miles from my park in Chatsworth are more than double ($1200.00 vs. $550). Our friends in Royal Palms in Oxnard just received a $77.00 rent increase and the park owner wants another 50%. The park owned by Sam ZelJ in Santa Cruz received a $4000.00 rent increase (effective when the residents move) when the City of Santa Cruz could no longer afford to fight. Blue Star in Sylmar is also under the gun with rent increases of $129.00/month. In addition new tenants must pay $850.00/month. This is about $400.00 higher than their average rent today. What does this alJ mean? Simply that if you are now under rent control and rent control is lost statewide, your rents could increase 50% or more. Can you realJy afford that? We can't! WHAT ABOUT THE LOSS OF EQUITY (VALUE OF OUR HOMES)? Remember Clay Harrison's "SelJers Guide?" It stated that you lose $1000.00 in equity for every $10.00 of rent increase. Those residents in Santa Cruz now have NO EQUITY. If they want to selJ their home, they won't get anything because there is NO MARKET for a home on a $5000.00/month space. Blue Star resi- dents face a loss of about $40,000.00, meaning some have wilJ have lost alJ their equity also. Increases across the state could be in the range of $200.00-$800.00 or higher. CONSEQUENCES OF HIGHER RENTS Many mobile home owners simply will no longer be able to afford the higher rents, especialJy those on fixed incomes who are just making it today. What are they to do? Combined with a serious loss of equity (your home is also worth less, perhaps thousands of dolJars less), the result could be devastating. They likely would be homeless! Simple as that. Others who are able to selJ might be forced to rent an apart- ment. BUT this loss of rent control means HIGHER apartment rents. Think about it, what would you do? FACTS YOU NEED TO KNOW There are about 700,000 spaces statewide, in about 5000 mobile home parks. We estimate there are about 200,000 spaces under rent control. Let's just take the average rent increase as a consequence of losing rent control, say $200.00/month. WHAT IF YOUR RENT INCREASED $200 PER MONTH? If just 30% of rents were raised $200/month, mobilehome owners would be paying a staggering $40,000,000 more a month! That's right. FORTY MILLION DOLLARS A MONTH. WE SIMPLY CAN NOT AFFORD TO LET THIS HAPPEN COALITION OF l\10BILEHOME OWNERS-CALIFORNIA REMEMBER IT'S NOT JUST HIGHER RENT! IT'S ALSO LOSS OF EQUITY. How much equity could be lost. If space rents averaged $200.00 higher (a conservative estimate), the value of each mobile home would decrease approximately $20,000.00 (based on SI000/$10 a month in- crease) Figuring about 30% of the about 700,000 spaces are affected, the total loss of equity yould be . S4,000,000,000. That's FOUR BILLION DOLLARS! Just like that. FOUR BILLION DOLLARS! IT IS UNBELIEVEABLEl WHAT DOES THAT MEAN TO YOU? WHAT CAN YOU DO? Read this flyer carefully. We are not kidding about this. We are homeowners just like you - our only goal- is to UNITE so we have a chance to defeat this and other actions that would have a negative impact on our lives in mobilehome parks. We are a non-profit organization. Membership dues pay for this flyer, the monthly newsletter, and operat- ing costs for the corporation. Please join us. It is only $15.00/year - a bargain! If you don't join, and your neighbors and mends take the same approach, we will never have a voice, we will never have any power to fight for our rights. It is important that YOU join our statewide family. Please alert your mends and neighbors to this threat. We do not have funds to send this information to every mobilehome owner in the state of California. Perhaps one out of ten in your park are receiving this flyer. Please get the word out. Let everyone know there is an organization that cares about their welfare and their investment. You would be doing yourself and your neighbors a favor! Of course, please VOTE IN NOVEMBER. And VOTE NO for this initiative which claims to just abolish eminent domain. But don't believe those who would have you believe that it does nothing with rent con- trol, because it does. And Ten your mends and neighbors. They will be affected also. They should want to know what could happen very soon. WHA TIS CoMO-CAL DOING? We are sending out flyers across the state to as many mobilehome parks as possible. The postage and printing costs money. We are asking for all to at least join us, send in a check for $15.00 and join for one year. We provide many services and your dues allow us to have a voice and make a difference. We are organizing volunteers, getting ready to have rallies and demonstrations. Please help us and volun- teer. Call Frank Wodley @ 800-929-6061 or other contacts found in this flyer. We thank you! DON'T LET THEM TAKE AWAY OUR RENT CONTROL All VOTERS SHOULD KNOW THE TRUTH. E-mail all vour friends in California. Tell tbem to Vote NO on Prop 90. And bave tbem email tbeir friends. Togetber we can defeat Prop 90. Remember ALL renters across tbe state face the loss of rent control and the consequences could be devastat- ing. Write to your newspapers, TV stations or other media. VOTE NO ON PROPOSITION 90 , COALITION OF MOBILE HOME OWNERS-CALIFORNIA CoMO-CAL P.O. Box4821, Chatsworth, Ca 91313-4821. MEMBERSHIP APPLICATION NAME: PARK NAME: MAILING ADDRESS: E-MAIL ADDRESS: APPLICANTS PHONE # ( SIGNATURE OF APPLICANT (PLEASE PRINT) Date: , SPACE# CITY/ZIP , )- check( ) cash ( ) renewal() new ( MEMBERSHIP ($15.00/12 MONTHS, $40/36 MONTHS) Membership Dues Not Refundable. PLEASE INCLUDE CHECK OR MONEY ORDER PAYABLE TO "CoMO-CAL" & THANK YOU FOR JOINING .. NEWSLETTER EDITOR FRANK A. WOOLEY E-Mail: fawodley@yahoo.com http://comocal.org 818-886-6479 / 800-929-6061 FRANK WOOLEY President 818-886-6479 / 800-929-6061 KATHY MATTES Secretary 805-684-0246 RALPH WEBER Vice President 661-723-6997 Website: comocal.org SERVICES WE PROVIDE OUR MEMBERS 1. 12 issues of THE VOICE. Usually 20 pages long, filled with important information no mobilehome owner should be without. Articles from around the state of California. Tips and Suggestions. Important laws ex- plained so you can understand how you are protected. 2. Website: comocal.org. Members have access to all issues of THE VOICE, attorneys who know the MRL, important links to government, advocacy groups, etc. 3. Small Claims Court Assistance: We will pay your fees up to $30.00 and help with your paperwork. (Some restrictions apply) 4. Questions / Problems: Our staff is ready to take your call to advise you regarding questions and problems you might have. 5. We have several attorneys to help with litigation or give advice. 6. Ultimately, we give home owners hope that someone is working for their interest. JOIN CoMO-CAL. THE VOICE CDALlTION OF MO"BILEHDME OWNERS JULY 2006 SHORT VOLUME 2 ISSUE 7 UPDATE: THE PROTECT OUR HOMES ACT Frank Wodley, CoMO-CAL President The "Protect Our Homes Act (POHA)" is gaining support across the state and will probably be on the November 7, 2006 ballot. Just read the Protect Our Homes Coalition (POHC) news release on page 3. They submitted over one million signatures on May 15, 2006 and 800,000 verified voter signatures are required to qualify for the ballot. This means that the POHC have over 200,000 extra sii,'11atures; so even if 200,000 signatures are not verified, the initiative will qualify. They write of "powerful forces aligned against us who are expected to run a well-financed campaign." However, don't believe everything you read - what mobilehome advocacy group in Californian has even meager funds to mount a campaign? Let's face it, advocacy groups bave a total membership of less than 10% of all mobilehome owners across the state. In comparison, the POH Coalition has gathered much financial support. To date the POH Coalition has received $2,310,000 and still has cash reserves of $840,359. Milt Burdick, zone C V.P. for GSMOL, reports that "The only way for RFOI46(POHA) to outlaw rent control is if a park owner challenges the (existing) ordinance in a court of law and the court agrees with park owner that the ordinance violates the intent ofRF0146. One other way is if City or County officials vote to rescind the ordinance, because of the fear of a legal battle." GSMOL's President Tim Sheahan also writes: "If the initiative becomes law, the abuse of those homeowners (without rent control today) is likely to escalate considering it has historically been largely due to the "threat" of adoption of rent protections that has motivated most park owners to not "push the envelope" of fairness too far, lest local government would likely intervene." About 65% of all mobile home owners in the state of California DO NOT have a rent control ordinance protecting them today. .If what Tim Sheahan writes is correct, then those homeowners without rent control (approximately 400,000 spaces) are exposed even more to the whims of their landlords. I feel all mobile- home owners should actively work to defeat the POHA. In an earlier VOICE, we reported the POHA could have devastating consequences - park owners could easily raise rents $200.00 or more across the state, costing you and I billions of dollars, both in additional rent and loss of equity. CoMO-CAL will do as much as possible to alert mobilehome owners across the state, but we require your support of donations and time. Please help us help you and your friends and neighbors. PAGE 2 COALITION OF MOBILEHOME OWNERS- JULY 2006 IN THIS ISSUE / YOUR SUPPORT NEEDED First off, this issue of THE VOICE deals primarily with two important issues: the potential loss of rent control in our state, and management abuse of residents. We intend to keep you up-to-date on the POHA through the November 7, 2006 election. You can read about rent control related events-one in Sacramento, the other in San Diego. We have written about lawsuits in Goleta and Oxnard in earlier issues. This is certainly a state-wide occurrence. "Management abuse" is the subject of several former articles. From abusive managers, to managers breaking the Civil Code, we continue to expose this serious issue. Perhaps we have identified a way to com- bat these abuses-by holding the WMA to its own Code of Ethics (see page 11). Read the article on Page 8 . We are very concerned about people telling residents about the need to up!,'1'ade their mobile home upon sale. Please see Page 13. Last month we sent out almost 2000 complimentary June newsletters to mobilehome owners across the state. And we have added members in an additional 50 parks, primarily in Southern California, because of our earlier 3000 "Alert Flyer" campaign. Residents around the state are getting to know CoMO-CAL. We've even had a call from Las Vegas, Nevada from a mobilehome owner. All campai!,'l1s are "above and beyond" the scope of our responsibility to our membership. In fact, you fund all this extra work and we are very grateful to have your membership dues to carry out this work. We must continue our efforts to get the word out about the POHA, we have no other option. Please continue to support our efforts by sending donations. Remem- ber each $1.00 allows us to reach three mobilehome owners. Our goal between now and November is to raise $5000 used solely to contact others around the state. Please help!! If each member would donate just $5.00 we would reach our goal. We must work to defeat POHA. We also need volunteers to call mobilehome owners in parks across the state. We have lists of names and phone numbers, we need your help to aleJi others about this selious threat. Please help us; we can't do it without you! NEWSLETTER EDITOR FRAJ\'K A. WODLEY E-Mail: fawodley@yahoo.com http://www.comocal.org 818-886-6479/800-929-6061 EXECUTIVE BOARD FRANK WOOLEY President . 818-886-6479 KATHY MATTES Secretary 805-684-0246 ROSE ROSALES Treasurer 818-886-6479 RALPH WEBER Antelope Valley President 661-723-6997 FLOYD GILBERT Antelope Valley Representative 661-722-5799 CoMO-CAL, Inc. is a non-profit organization comm itted to protect- ing the rights of mobilehome own- ers in the state of California. All persons living in a mobilehome are eligible for membership on an equal basis, except manage- ment, owners and employees of owners. THE VOICE is published monthly by the Coalition of Mobilehome Owners-Los Angeles County for the use of its members. THE VOICE welcomes articles of interest to mobilehome owners. COALITION OF MOBILEHOME OWNERS- JULY 2006 PAGE 3 CHULA VISTA PETITION (SAN DIEGO) The following is a modified copy of a petition that was formulated as a template for submission to the county. The issues were solved in Chula Vista and we did not pursue the issue any further. Petition requesting that the appro- priate authority, such as the San Diego County Board of Supervisors, schedule a meeting with representatives of the various mobile home parks, (especially the Senior Mobile Home Parks) in San Diego County to formulate a Rent Control Law for the Protection of residents against the predatory actions of most Park Owners, against Park Tenants. The actions of far too many Park Owners, gouging the Tenants' space rental fees to such astronomical levels has caused many tenants to choose between eating, buying necessary prescriptions, or "paying the rent! There is no choice, they must pay the rent! However, when the choices of Tenants are reduced or eliminated, some of them are forced by economic necessity to eat less, to the point of eating the cheapest canned food available, including eat food, to survive, then that choice becomes intolerable! If something isn't done very soon, there will be many hundreds, possibly thou- sands of homeless people living on the streets, due to being forced out of their homes. If you think it's bad now, jnst wait. It will get worse! The general public, including some government officials do not realize that there is a "captive mentality" among Park Owners. They have the "attitude", Hey, if you can't pay the rent,----Move the hell out! That is much easier said than done! Problem # I Where can you move to? There have been no new mobile home parks built in this area since the 1960's. None will be built in the foreseeable future! There is not enough profit in it! Problem #2 The cost. Most people can't afford to move their mobile home! The costs to dismantle and move the unit or if it's a double or triple wide and reassemble it at another location can cost from $5,000 to $15,000 and up, if you can find another location! Where might that be??? This is a statewide problem. Politicians of all levels, City, County and State, must take immediate action to for- mulate and pass legislation in the form of state wide rent controls to protect Mobile Home Park Tenants, most of whom OWN THEIR MOBILE HOMES----THEY PAY RENT ONLY FOR THE TINY SPACE THAT THEIR UNIT SITS ON! In addition., they pay for their own gas, lights, water, sewage charges, cable, maintaining their space, planting flowers and shrubs and keeping their units clean and painted. Park Owners maintenance costs have averaged $59 to $70 per month in the Chula Vista area yet they are crying "poor mouth." With maintenance costs as indicated above, collected rents of $360 to $600 per month plus annual CPI increases are a very respectable return on your money! The fact is that many if not most are making 68 to 70% profit on their original investments. That is not peanuts! In addition, they are receiving substantial markups on their utility and cable TV fees. A TV cable company in one Chula Vista Park for example, charges about $44 per month for TV cable service, while exactly 111e same level of service going into a condo complex costs about $ 19 per month. This is in addition to the space rent fees, a very nice markup. All this income to the park mvners doesn't even address the profit on a New mobile home that is sold to new ten- ants in a park. The average cost to the park owners of a new double wide mobile home including transportation, setup and skirting is about $47,000 to $51,000 and that is then sold (see Page 4 CHULA VISTA PETITION) PAGE 4 COALITION OF MOBILEHOME OWNERS- JULY 2006 LETTER TO THE EDITOR-JUNE 1,2006 Truth about Eminent Domain Eminent Domain has been around since the days of the Magna Carta. Cities could not exist without the tools to expand, clean up slums, or build new freeways without the powers of Eminent Domain. True, and sometimes unfortunately, common sense leaves and greed takes over the minds of some city fathers. The private-top public theory goes out the window when there is a buck to be made and property is sold to a developer (private-to-private) for his own interest. Then there is the natural instinct of "I don't want government to tell me what to do with my property." It is not like government is stealing your property, you do get the "fair market" value in return. A new initiative that is gathering signatures, known as the "Protect Our Homes Act" or SA2005RF0146, is a poorly written and misleading example of GREED in its highest form. There is language within it that attacks every Rent Stabilization Ordinance in the State of California by stating "there shall be no ordinance, rule, or otherwise any language that results in a "taking of private property. " A TAKING is MONEY, $$$/RENT in the eyes of a Mobilehome Park Owner for example, the land that he only rents to the Resident Home Owner, a home that he (park owner) has no vested interest in, only the dirt the home sits upon. A good example of greed is seen in the CBS expose of Mr. Sam Zell, billionaire, who recently attacked the City of Santa Cruz ordinance as a "taking" and raised the rents on his beach front mobilehome park from $500 to $5,000 a month. Manufactured/Mobilehomes are owned mostly by the elderly, retired, those living on fixed incomes, and low income families. Where and when will greed end? Never. Bob Fleak, Assistant GSMOL Manager, Rohnert Park (CHULA VISTA PETITION, continued from Page 3) for up to $139,000 and much more depending on location. However, Seniors on Social Security, received a whopping 1.4% "raise" in their checks in 2003. In that same approximate time frame, the park owners received 5.7% No tenant in any mobile home park is against a park owner getting a good return, but the GREED FACTOR MUST BE CONTROLLED! Some of the seniors have a small pension, in addition to social security. But with interest rates at all time lows, and with skyrocketing HMO rates, HMO premiums, prescriptions and space rents, seniors continue to fall behind. It is therefore our fervent request that, with strong new legislation, our Seniors in mobile home parks will cease being "victimized" by greedy park owners <[;! Steve Molski CoMO-CAL member, San Diego (AprilS, 2006) COALITION OF MOBILEHOME OWNERS- JULY 2006 PAGE 5 MANAGEMENT ABUSE CONTII\'UES Over the last year or so, we have been writing about "management abuse." 1n fact one of our first artieles was about Senator Dunn's hearing of October 2004. Just ask yourself, "Are residents in your park subject to discrimination, harassment, intimidation, retaliation, or other abuses by management? Are there issues such as interference of sales, removal of older mobile homes, elosure of common areas, etc." Unfortu- nately many would say "Yes!" And this has been going on for years. 1n fact Senator Dunn held a similar hearing on "management abuse" over 13 years ago. So why hasn't any organization taken a stand against such abuse? Why hasn't someone finally said: "It's time we did something about this serious issue." In fact the Action Coalition for Manufactured-Home Owners (ACMO) group has been working hard to make sure managers are educated. The "education" bill has not faired well in Sacramento. Often, however, it is what managers know rather than what they don't know that allows them to continue this abuse. More than likely they are counseled regarding just how far they can push the envelope. And it's about time we all started holding management accountable for their actions." Why hasn't any- one "drawn a line in the sand?" Perhaps a partial solution to this serious problem is a "code of ethics for management." Why not write a Code of Ethics, publish and display it in common areas of parks for all to see? A Code that will protect our investments and ensure OUR RIGHTS to privacy, respect, courtesy and dignity. We should not have to worry about arbitrary or unlawful tennination of tenancy and park rules and regulations should be rea- sonable and enforced in an equitable and forthright manner. Should CoMO-CAL write such a Code, or some other advocacy group? We desperately need some guidelines to stop management abuses! Let's take the time to put down on paper what protections we want to protect us from abuses! And then hold management accountable! So what do you think, does this sound like something we should do? And should we really hold manage- ment accountable? We think your answers should be a YES, YES, YES!!!!!!!!!! There may be a better approach to this problem. What if managers wrote the Code of Ethics instead of an advocacy i,'foup? That should guarantee they fo]]ow it to the letter, right? After all they wrote it! Well look no farther than Page II of this issue-the Code of Ethics of the Western Manufactured Housing Communities Association (WMA). (We have written about the WMA in several newsletters. WMA is the "park owners" group that lobbies in Sacramento, opposing many proposed laws that would protect us. We understand about 37% of park owners belong, which means about 1700 parks total. What does this mean? It means that the WMA is a very strong group. They are most likely behind many efforts across the state of California - the fight to eliminate rent control, the removal of "active" mobile home owners from parks, efforts to curtail our first amendment right to distribute literature of interest to mobi1ehome (continued on Page 6 ABUSES) PAGE 6 COALITION OF MOBILEHOME OWNERS- JULY 2006 (ABUSES, continued from Page 8) owners without management approval, interference of sales, etc. So what do you think? The WMA Code of Ethics is available for all to read, please take the time to read it carefully. Highlights of their Code of Ethics are: . Residents can expect recognition of their rights to privacy, respect, courtesy and dignity. . A goal of management is to serve the needs of the community. . Management will provide for responsible relationships between resident and resident. . Management pledges to be available to residents, to be receptive to their constructive suggestions and to provide factual information. . Management pledges to enforce rules and regulations in an equitable and forthright manner. . Management pledges that residents shall be free of worry of arbitrary or unlawful termination of ten- ancy. . Management pledges full support of the laws. Surely the WMA and their managers have an obligation to live up to each point they make! Below are some issues that exist in many parks today. Are they upholding their own Code? You be the judge. . The manager is abusive and threatcning. The manager often uses the "E" word - I'll evict you... . The manager goes around spying, making notes about us and our property. Sometimes they take pho- tographs. They come on our property without our permission. . The manager confronts residents and is ari,'llmentative. . The manager does not manage. Reasonable rules and regulations are not enforced (such as yard main- tenance). Jfthere is enforcement, it is usually not equitable. . The clubhouse is locked and residents only access is through the park process of "reservations" two weeks in advance. . The clubhouse is locked, but there is a sign stating that it is available from 8am to 9pm. . Complaints or suggestions are mct with retaliation. . Management won't intervene in resident/resident issues. Even though rules and regulations are being violated. Help us with our list of abuses. Send us any manager abuses you observe in your own park. We welcome vour comments and suggestions. I COALITION OF MOBILEHOME OWNERS - JULY 2006 PAGE 7 A WORD FROM THE PRESIDENT THE THREATS The threats to our way of life are real. If you don't believe me, just take a look around. You experience threats on a daily basis. Rents are increasing, sometimes as much as 50%. Just look at Santa Cruz with their $4000/month increase! New manufactured homes are coming into our parks in numbers. Parks are pressuring us to move our older mobile homes. Parks interfere when we sell our homes-they ask us to do unnecessary upgrades and/or won't approve our qualified buyers. Our fi~ends and neighbors are taking the easy way out and moving out of our parks. Out of control managers and park employees are intimidat- ing, harassing, threatening, and making money off us. They often say "If you don't like living here, just move!" In every issue of THE VOICE, we report on "battles" around the state - sometimes by a group of mobilehome owners, often by individuals. WHOSE WORKING FOR YOUR RIGHTS? We've reported on the HCD, the MHPTF, and advocacy organizations that are "supposed" to be helping us. In reality HCD often favors the park owner. The MHPTF is a sham on every mobilehome owner in the City of Los Angeles, and I've heard similar (task force) groups around the state are not much better. And what advocacy group is really focusing on enforcement? What advocacy group openly exposes the ques- tionable practices of park owners and managers? I believe only CoMO-CAL. The other groups write primarily about pending legislation and chapters they are fonning. I'm not alone when I say we need enforcement of the laws we already have. If there had been enforcement these last 10-15 years, the park owners wouldn't be so bold today! Unfortunately, we are at least partly to blame for our situation today. Park owners have essentially gone unchallenged. They have nothing to lose and everything to gain by pushing "the envelope." And you and I are "the envelope." OUR ATTORNEYS '. Some ask about attorneys. We re!,'1llarly consult with attorneys and we have a growing list of attorneys that are available to help any mobilehome owner. Thanks to our members, we are finding new attorneys all the time - just ask us and we will refer you to an attorney with experience with mobile home issues. We will continue to publish their opinions in the VOICE. We ARE making progress. We have several mem- bers that have on-going lawsuits and we will be writing about these in future issues of the VOICE. BOTTOM LINE So what is the bottom line? The threats to our way of life are indeed REAL. And those working hard to protect our rights are few. So what is the answer? All mobilehome owners should be involved. If you live in a park where abuses are real, YOU must be involved. You can't turn away. If you do, you become part of the problem rather than part of the solution. Let CoMO-CAL assist you. We are working hard on ways to fight each and every issue. Remember we've written about communication? COlwnunication is key! Please write or call us. We can't help unless we know. What you DO helps all mobilehome owners! ~ CoMO-CAL@ PRESORTED P.O. BOX4821 STANDARD CHATSWORTH, CA 91313-4821 U.s. POSTAGE PAID CANOGA PARK, CA. PERM1T 617 (&MO.C~ (, "rf:,-"...:<) ~ "~~,,, ~( " . . , " ' ' CoMO-CAL is a non-profit Cali- fornia Corporation dedicated to serving mobilehorne owners in Southern California. Our purpose is to educate, communicate and unite. t'frX,'':;" .- JlL.......4',~~ ,.;.:l'e.;;lli!.1;P_i!:,,.,9;,:;}f.,,,'J.."'Si5';''''''1ilii,,,;:rUm51uf.;:'/!i'''''iiU4it.'.\!f1tt",,!:N,<+oJ...(,Slfh'';~,",K.::;f'~,!iW\ITii"'","'''~=AX1~n:i:Qlf",C'Vtf~t::';;;;'';;!'i.j)lOOmY.--':liirt80i\1UVbRd ' CoMO~CAL 0'1-'( r (COALITION OF MOBlLEROME OWNERS-CALIFORNIA) Box 4821, Chatsworth, Ca 91313-4821. " P.O. , MEMBERSHIP APPLICATION (Print Please) , NAME: Date: I PARK NAME: SPACE #: " MAILING ADDRESS: CITY/ZIP E-MAIL ADDRESS: APPLlCANTS PHONE J\TUMBER ( )- - check( ) cash ( ) , SIGNATURE OF APPLlCANT renewal( ) new ( ) I MEMBERSHIP ($15.00/12 Months, $40.00/36 Months) Membership Dues Not Refundable. ~ PLEASE INCLUDE CHECK OR MONEY ORDER PAYABLE TO "CoMO-CAL" & THANK YOU FOR JOfNfNG I MAIL TO: CoMO-CAL, P.O. BOX 4821, CRA TSWORTH, CA. 91313-4821 it , , 5\~~\ o~v UNION TRIBUNE Cold, hard facts about global warming By Peter Doran July 28, 2006 In the debate on global warming, the data on the climate of Antarctica have been distorted, at different times, by both sides. As a polar researcher caught in the middle, I'd like to set the record straight. In January 2002, a research paper on Antarctic temperatures, of which I was the lead author, appeared in the journal Nature. At the time, the Antarctic Peninsula was warming, and many people assumed that meant the climate on the entire continent was heating up, as the Arctic was. But the Antarctic Peninsula represents only about 15 percent of the continent's land mass, so it could not tell the whole story of Antarctic climate. Our paper made the continental picture more clear. My research colleagues and I found that from 1996 to 2000, one small, ice-free area of the Antarctic mainland had actually cooled. Our report also analyzed temperatures for the mainland in such a way as to remove the influence of the peninsula warming and found that, from 1966 to 2000, more of the continent had cooled than had warmed. Our summary statement pointed out how the cooling trend posed challenges to models of Antarctic climate and ecosystem change. Newspaper and television reports focused on this part ofthe paper. And many news and opinion writers linked our study with another bit of polar research published that month, in Science, showing that part of Antarctica's ice sheet had been thickening - and erroneously concluded that the Earth was not warming at all. "Scientific findings run counter to theory of global warming," said a headline on an opinion column in The San Diego Union-Tribune. One conservative commentator wrote, "It's ironic that two studies suggesting that a new Ice Age may be under way may end the global warming debate." In a rebuttal in The Providence Journal, in Rhode Island, the lead author ofthe Science paper and I explained that our studies offered no evidence that the earth was cooling. "But the misinterpretation had already become legend, and in the four-and-one-half years since, it has only grown. Our results have been misused as "evidence" against global warming by Michael Crichton in his novel "State of Fear" and by Ann Coulter in her latest book, "Godless: The Church of Liberalism." Search my name on the Web, and you will find pages of links to everything from climate discussion groups to Senate policy committee documents - all citing my 2002 study as reason to doubt that the Earth is warming. One recent Web column even put words in my mouth. I have never said "the unexpected colder climate in Antarctica may possibly be signaling a lessening of the current global warming cycle." I have never thought such a thing either. Our study did find that 58 percent of Antarctica cooled from 1966 to 2000. But during that period, the rest of the continent was warming. And climate models created since our paper was published have suggested a link between th'e lack of significant warming in Antarctica and the ozone hole over that continent. These models, conspicuously missing from the warming-skeptic literature, suggest that as the ozone hole heals - thanks to worldwide bans on ozone-destroying chemicals - all of Antarctica is likely to warm with the rest of the planet. An inconvenient truth? Also missing from the skeptics' arguments is thc debate over our conclusions. Another group of researchers who took a" different approach found no clear cooling trend in Antarctica. We still stand by 01lT rp.slllt.c:: for tnp. np.r;oc1 WP. ;:m:=tlv7.p.cL hIlt llnhi::lsp.o rp.nnrtlnl! wcmlrl :lc.knnwlp'olIp' rliffp.Tp.nc.p.s of scientific opinion. The disappointing thing is that we are even debating the direction of climate change on this globally important continent. And it may not end until we have more weather stations on Antarctica and longer-term data that demonstrate a clear trend. In the meantime, I would like to remove my name from the list of scientists who dispute global warming. I know my coauthors would as well. II Doran is an associate professor of earth and environmental sciences at the University of Illinois at Chicago. Copyright Union- Tribune Publishing Co. Ju/12, 2006 Richard C.J. Somerville As a climate scientist, I am often asked, "Do you believe in global warming?" Climate change, however, is not a matter of personal belief. Instead, among experts, it's just settled science that people are changing the climate. The Intergovernmental Panel on Climate Change, or IPCC, reported in 2001 that, "There is new and stronger evidence that most of the warming observed over the last 50 years is attributable to human activities." Every reputable scientific organization that has studied the IPCC conclusion has endorsed it. Recent research (http:// realclimate.org) reinforces this assessment. The next major IPee report, due in 2007, is likely to cite more supporting evidence. Al Gore's film and book, "An Inconvenient Truth," do a fine job of summarizing the science. You may agree or disagree with Gore politically, but nobody can deny that he has maintained a serious interest in climate change for some two decades and has become quite knowledgeable about it. For San Diegans, it's a fascinating bit of history that Gore first learned about this issue as a Harvard student in the 1960s. His teacher was our own Roger Revelle. Before moving to Harvard, Revelle had been director of Scripps Institution of Oceanography and a founder of the University of California San Diego. The Earth as a whole is always in approximate energy balance, absorbing energy from sunlight and emitting an equivalent amount of energy to space as infrared radiation. Some infrared energy is emitted directly from the surface of the Earth. The rest is emitted from the atmosphere, by clouds and particles and the gases (chiefly water vapor and carbon dioxide) that contribute to the greenhouse effect. Incidentally, we know that the amount of carbon dioxide in the atmosphere has increased substantially in recent decades, because this increase has been measured very accurately. The measurements were initiated by Charles David Keeling (1928~ 2005) whom Revelle brought to Scripps Institution of Oceanography in the 1950s. Keeling, who spent his entire career at Scripps, discovered that human activities are changing the chemical composition of the global atmosphere. Carbon dioxide is produced by burning fossil fuels. Adding carbon dioxide to the atmosphere means that more of the energy emitted to space must come from higher (hence colder) levels of the atmosphere. The Earth will respond to this new situation by warming up, thus emitting more infrared energy, until the equilibrium is restored. That's our fundamental scientific understanding. It comes from rock-solid, well-understood physics. Everything else, from heat waves to hurricanes, is fascinating and important, but that is really just the details, scientifically speaking. Working out all the details will take a long time. But a promising start has been made, and climate science can already usefully inform policy. In a similar way, you might say that an ultimate goal of medical science is to eliminate all disease. That this task is incomplete is no reason to treat your physician with disdain. A group of people dispute the scientific consensus. They like to call themselves skeptics. A healthy skepticism, however, is part of being a good scientist, so I am unwilling to surrender this label to them. Instead, I call them denialists. You don't get anything like a balanced view from climate denialists. Their only goal is finding ways why the climate might be resistant to human activities. By and large, these denialists have convinced very few knowledgeable scientists to agree with them. Experience shows that in science, it tends to be the exception rather than the rule when a lone genius eventually prevails over conventional wisdom. An occasional Galileo does come along, but not often, and nearly all the people who think they are a Galileo are actually just wrong. Science is very much a cooperative process and is largely self- correcting. We publish our research methods and our findings in detail and invite other scientists to confirm or disprove them. Incorrect science ultimately gets rooted out and rejected. What of the future? I can imagine both an optimistic ancfa pessimistic scenario. In my optimistic scenario, climate science informs the making of wise public policy. Technological creativity then leads to rapid development of practical energy alternatives to fossil fuels. We stabilize the Earth's greenhouse effect before it gets too strong. My pessimistic scenario is a different planet, with sea level much higher and dangerously altered weather patterns. You cannot fool nature. Climate science warns us that strengthening the greenhouse effect must eventually produce serious consequences. That's not radical environmental alarmism. It's physics. For me, the issue then becomes one of guessing whether we get wise before that day, or whether we must wait for some shocking and unpleasant climate surprise that wakes us all up. For my children's sake, I hope that the optimistic scenario is the one that develops. The choice is ours to make.