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Home My WebLink About2007/01/09 Agenda Packet \ declare under penalty of perjury th.:it I curt ,mployed by the City of Chula Vista in the. "" r , ~!tfice of the City Clerk and that I posted thiS ~,'ft.- t on the bulletin board according to:- ..d't~ ~ ec;:u..,rem8nts.. ~. ~~~~ IJlff01 ""~'1'1 . d~~;~; J m~_'" . .-- -. 'CHULA VISfA Cheryl Cox, Mayor Rudy Ramirez, Council member Jim Thomson, Interim City Manager John McCann, Council member Ann Moore, City Attorney Jerry R. Rindone, Council member Susan Bigelow, City Clerk Steve Castaneda, Council member January 9,2007 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · INTRODUCTION BY RECREATION DIRECTOR MARTIN, OF EMPLOYEE OF THE MONTH, CATHY MICHEL, SENIOR FISCAL OFFICE SPECIALIST . OATH OF OFFICE Rita Buencamino.Andrews to the Board of Appeals and Advisors . DID YOU KNOW...ABOUT HORIZON PARK'S UNIQUE DESIGN FEATURE - "THE COUNCIL RING?" Presented by Joe Gamble, Landscape Planner. CONSENT CALENDAR (Items I through 5) 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 Meetings of October 24, November 7, November 14, November 21, December 5, and December 12, 2006, the Special Meeting of October 24,2006, and the Adjourned Regular Meeting of November 7,2006. Staff recommendation: Council approve the minutes. 2. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING A CITY COUNCIL POLICY REGARDING REIMBURSEMENT OF EXPENSES INCURRED BY LEGISLATIVE BODY MEMBERS (SECOND READING) California State legislation, effective January 1, 2006, required cities to adopt a written policy regarding expense reimbursements paid to elected and appointed officials. The legislation provisions specifically apply to charter cities. Adoption of the proposed ordinance satisfies the requirements of the legislation. This ordinance was introduced on December 19, 2006. (City Attorney) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ELIMINATING THE POSITION OF INTERGOVERNMENTAL AFFAIRS COORDINATOR FROM THE AUTHORIZED POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL'S FISCAL YEAR 2007 BUDGET, WITH THE CITY MANAGER ASSUMING THE ADMINISTRATIVE DUTIES OF THE POSITION WITH EXISTING BUDGETARY RESOURCES Adoption of the resolution formalizes Council action taken at the December 19, 2006 meeting and eliminates the position of Intergovernmental Affairs coordinator from the Mayor and Council's Fiscal Year 2007 budget, with the administrative duties of the position to be assumed by the City Manager with existing budgetary resources. (Budget and Analysis Director) Staff recommendation: Council adopt the resolution. 4. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 3.44.120, UTILITY USERS TAX - REFUNDS, OF THE CHULA VISTA MUNICIPAL CODE (SECOND READING) Chula Vista Municipal Code Section 3.44.120 provides for the refunding of Utility Users Tax that is overpaid, paid more than once, or collected erroneously. The current code section allows for such refunds but does not provide specific procedures or time frames for processing refund claims. Adoption of the amendment ordinance establishes a one- year claims period for refunds and a procedure for filing of refund claims. This ordinance was introduced on December 19, 2006. (Finance Director) Staff recommendation: Council adopt the ordinance. Page 2 - Council Agenda htto:/ /www.chulavistaca.l!OV January 9,2007 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE PROVISION OF MIDDLE SCHOOL AFTER-SCHOOL PROGRAMS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,000 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,000 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED BEFORE AND AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $14,010 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE YMCA OF SAN DIEGO COUNTY SOUTH BAY BRANCH FOR THE PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT HILLTOP, CHULA VISTA, RANCHO DEL REY AND CASTLE PARK MIDDLE SCHOOLS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT F. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE YMCA OF SAN DIEGO COUNTY FOR THE PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT CASTLE PARK MIDDLE SCHOOL AND HILLTOP MIDDLE SCHOOL, AMENDING THE FISCAL YEAR 2007 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $8,371 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) Page 3 - Council Agenda htto://www.chulavistaca.gov January 9,2007 The Recreation department and the Sweetwater Union High School District jointly fund the Middle School after-school program (Club Teen Connection or Club TC). The program is additionally funded from Critical Hours Grants and Safe Neighborhood, Safe Schools Grants received by the individual schools. A collaborative partner in the program is the South Bay YMCA. Adoption of these resolutions approves six agreements and appropriations of additional program funds to provide indoor and outdoor after-school programs for the middle schools. (Recreation Director) Staff recommendation: Council adopt the resolutions. 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 generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 6. CONSIDERATION OF FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 13M (OTA Y RANCH VILLAGE TWO) Adoption of the resolution will form CFD No. 13M, which will fund the perpetual operation and maintenance of (a) landscaping including, but not limited to parkways, medians and slopes; (b) facilities that are directly related to storm water quality control; (c) walls and fencing; (d) trails; (e) pedestrian bridges, including but not limited to, graffiti removal; and (f) public lighting facilities. The City has retained the services of MuniFinancial as special tax consultant and Best, Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. (City Engineer) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO), AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN THE CFD TO THE QUALIFIED ELECTORS THEREOF 7. CONSIDERATION OF ANNEXATION OF TERRITORY, ANNEXATION NO. 6 (OTAY RANCH VILLAGE TWO), TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) Page 4 - Council Agenda httD:/ /www.chulavistaca.gov January 9,2007 Adoption of the resolution will annex the territory within Otay Ranch Village Two into Improvement Area C of CFD No. 97-2. Improvement Area A funds the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance. Improvement Area B only funds the Resource Monitoring Program. Special taxes levied within Improvement area C fund the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance consistent with the requirements of the Otay Ranch Resource Management Plan Phases I and II, plus a pro-rata share of Administrative Expenses of CFD No. 97-2. Otay Ranch Village Two will not be annexed into Improvement Area A or Improvement Area B. The City has retained the services of MuniFinancial as special tax consultant and Best, Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. (City Engineer) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY, ANNEXATION NO.6 (OTAY RANCH VILLAGE TWO), PROPOSED TO BE ANNEXED TO SUCH COMMUNITY FACILITIES DISTRICT ACTION ITEMS The Item listed in this section of the agenda will be considered individually by the Council and is 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. 8. CONSIDERATION OF APPROVAL OF A LEASE AGREEMENT WITH HTH (HIGH TECH HIGH) LEARNING TO LEASE 8-ACRES OF CITY-OWNED LAND TO DEVELOP A CHARTER HIGH SCHOOL AND ENVIRONMENTAL RESEARCH CENTER HTH Learning is a private nonprofit organization overseeing the development and operation of facilities that house High Tech High Schools following the charter high school design model. They currently operate a total of seven high, middle and elementary schools, with six in San Diego and one in northern California. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL APPROVING A LEASE AGREEMENT WITH HTH LEARNING TO LEASE 8-ACRES OF CITY- OWNED LAND TO DEVELOP A CHARTER HIGH SCHOOL AND ENVIRONMENTAL RESEARCH CENTER, WITH AN OPTION TO DEVELOP A CHARTER MIDDLE SCHOOL ON 2.7 ACRES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT Page 5 - Council Agenda hltJl:/ /www.chulavistaca.gov January 9,2007 9. CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING WITHIN FIFTY (50) FEET OF THE ENTRANCE TO ANY EATING ESTABLISHMENT Adoption of the ordinance prohibits smoking within fifty (50) feet of the entrance to any eating establishment and makes additional clerical corrections to the municipal code section. (City Attorney) Staff recommendation: Council place the ordinance on first reading: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING WITHIN FIFTY (50) FEET OF THE ENTRANCE TO ANY EATING ESTABLISHMENT, AND TO MAKE OTHER REVISIONS AS NECESSARY TO MAKE THE CHAPTER PROVISIONS CONSISTENT (FIRST READING) OTHER BUSINESS 10. CITY MANAGER'S REPORTS 11. MAYOR'S REPORTS A. Ratification of appointment of Kevin O'Neill to the Growth Management Oversight Commission. B. Update on Scope of Work for Independent Financial Review. 12. COUNCIL COMMENTS Deputy Mayor Rindone: A. Consideration of the establishment of a Health Care Commission. 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). 13. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One case 14. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) · One case Page 6 - Council Agenda htto://www.chulavistaca.2ov January 9, 2007 ADJOURNMENT by the City Council to an Adjourned Regular Meeting on January 15, 2007 at 9:30 a.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 7 - Council Agenda httn://www.chulavistaca.2ov January 9,2007 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 24, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:08 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, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE Elizabeth Scott - Parks and Recreation Commission City Clerk Bigelow administered the oath, and Deputy Mayor McCann presented Ms. Scott with a certificate of appointment. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DUANE BAZZEL, PRINCIPAL PLANNER, COMMENDING HIM FOR 35 YEARS OF SERVICE Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Mr. Bazzel. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CLAUDE A. ROWE, RECOGNIZING HIM FOR HIS SERVICE IN WORLD WAR II TO THE UNITED STATES OF AMERICA, AS A MEMBER OF THE TUSKEGEE AIRMEN Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Mr. Rowe. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO MEMBERS OF THE NATIONAL FEDERATION OF FILIPINO AMERICAN ASSOCIATION (NaFFAA), REGION X, PROCLAIMING THE MONTH OF OCTOBER AS NATIONAL FILIPINO HERITAGE MONTH IN THE CITY OF CHULA VISTA Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to the NaFF AA members. ) 1\- \ DRAFT SPECIAL ORDERS OF THE DAY (continued) · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO KASANDRA TUCCI, POLICE DATA SPECIALIST; JOANNE RODRIGUEZ, POLICE DATA SPECIALIST; PATRICIA MARK, SENIOR OFFICE SPECIALIST DECLARING NOVEMBER 1, 2006 AS LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Ms. Tucci, Ms. Rodriguez and Ms. Mark. · lNTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY HIRED POLICE DEPARTMENT EMPLOYEES Police Chief Emerson introduced new police recruits Brian Carter, Rene Rodriguez, Rene Kirchoefer, Oscar Miranda, Erwin Peregrino, Jr., James Pak, Levar Brown, and Valley Coleman. He then introduced Peace Officer Brandon Becker, and City Clerk Bigelow administered the oath of office to Officer Becker. · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DOLCE MARIE SAUBER, PROCLAIMlNG OCTOBER 19, 2006 AS DULCE MARIE SAUBER DAY, IN CELEBRATION OF HER 80TH BIRTHDAY AND RECOGNITION OF OVER 40 YEARS OF DEDICATION TO CASTLE PARK ELEMENTARY SCHOOL AS A TRAFFIC SAFETY OFFICER Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Ms. Sauber. · DID YOU KNOW...THAT EAGLES LIVE IN CHULA VISTA? Presented by Charles Gai1band, Avian Specialist, Nature Center. Mr. Gai1band provided the presentation. CONSENT CALENDAR (Items 1 through 8) Councilmember Rindone stated that he would abstain from voting on the minutes of October 10 and 17, as he was not present at those meetings; as well as on Item 7, since his residence is within 500 feet of one of the public facilities. Councilmember Chavez stated that she would abstain from voting on Item 3, as her residence is near one ofthe parks. 1. APPROVAL OF MINUTES of October 3, October 10, and October 17, 2006. Staff recommendation: Council approve the minutes. Page 2 - Council Minutes http://www.chulavistaca.gov I~-;;:r October 24, 2006 DRAFT CONSENT CALENDAR (Continued) 2. WRITTEN CORRESPONDENCE Letter ofresignation from William Craft, member of the Board of Library Trustees. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 3. ORDINANCE NO. 3046, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030 OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF INDEPENDENCE PARK AND RANCHO DEL REY PARK (SECOND READING) (Continued from October 17, 2006) Adoption of the ordinance prohibits smoking in Independence and Rancho Del Rey Parks. The ordinance was introduced on October 10, 2006. (Public Works Operations Director) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2006-315, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF A FORD THINK VEHICLE FROM HIGHLAND PARTNERSHIP, AND MATERIALS AND LABOR FOR VEHICLE PAINTING FROM CALIFORNIA AUTO BODY 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. California Auto Body also donated the materials and labor to paint the Think vehicle in the traditional black and white patrol vehicle scheme. (Police Chief) Staff recommendation: Council adopt the resolution. 5. A. RESOLUTION NO. 2006-316, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, "IRRIGATION BOOSTER PUMP AT VETERANS PARK" (PR293), FOR PROVISION OF A FULLY FUNCTIONAL IRRIGATION BOOSTER PUMP AND ENCLOSURE AT VETERANS PARK, LOCATED AT 785 EAST PALOMAR, AND AUTHORIZING INTER-PROJECT TRANSFERS IN THE AMOUNT OF $39,210 FROM ELIGIBLE EXISTING CAPITAL IMPROVEMENT PROJECTS (4/5THS VOTE REQUIRED) 5. B. RESOLUTION NO. 2006-317, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "IRRIGATION BOOSTER PUMP AT VETERANS PARK" (PR293) PROJECT TO DREAMS CAPE LANDSCAPE, INCORPORATED, IN THE AMOUNT OF $32,675 Page 3 - Council Minutes http://www.chulavistaca.gov /.; JA - J October 24, 2006 DRAFT CONSENT CALENDAR (continued) Adoption of the resolutions allows the installation of an irrigation booster pump at Veterans Park to provide additional water pressure to the system in order to maintain a healthy landscape and turf. (General Services Director) Staff recommendation: Council adopt the resolutions. . 6. RESOLUTION NO. 2006-318, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TRANSFER OF FUNDS FROM THE CORPORATION YARD COMPONENT OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) TO THE PROGRAM ADMINISTRATION COMPONENT OF THE PFDIF FOR COSTS ASSOCIATED WITH THE PURCHASE OF A STORM DRAIN COMPLIANCE INSPECTOR VEHICLE (4/5THS VOTE REQUIRED) In November 2002, the Council appropriated monies from the Public Facilities Development Impact Fee fund for the purchase of an inspection vehicle. Funds were appropriated for this purpose and expended from the Program Administration component. It is more appropriate to use the Corporation Yard component for this purpose. Adoption of the resolution approves reimbursement to the Program Administration component for this expense. (Budget and Analysis Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2006-319, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF FOUR COMPONENTS OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF), AND TRANSFERRING FUNDS THEREFOR (4/5THS VOTE REQURED) In August 1989, the Council adopted an ordinance establishing a series of supplemental impact fees. The Public Facilities Development Impact Fee (PFDIF) program was established in January 1991. The current PFDIF program includes four support system components, which are now eligible for closure. (Budget and Analysis Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-320, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE MASTER LICENSE AGREEMENT WITH SPRINT PCS FOR THE INSTALLATION AND OPERATION OF AS MANY AS 50 WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY SIMILAR FACILITIES ON CITY-OWNED AND CONTROLLED PROPERTY, SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF FIVE YEARS WITH AN OPTION TO RENEW FOR AS MANY AS TWO ADDITIONAL FIVE-YEAR TERMS; AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT Page 4 - Council Minutes http://www.chulavistaca.gov IA~L.j October 24, 2006 DRAFT CONSENT CALENDAR (continued) Adoption of the resolution approves renewal of the master license agreement with Sprint PCS that extends the existing agreement for the installation of up to 50 wireless telephone facilities on property owned or controlled by the City. The proposed amendment includes mutually beneficial terms and extends the lease for five years with two additional, five- year options that are subject to the City's review and approval. (Conservation and Environmental Services Director) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, text waived. The motion carried 5-0, except for the minutes of October 10 and 17, which were approved 4-0-1 with Councilmember Rindone abstaining; Item 3, which carried 4-0-1 with Councilmember Chavez abstaining; and Item 7, which carried 4-0-1 with Councilmember Rindone abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Robyn Higginson addressed the Council regarding a recent article in the Star News that quoted Mayor Padilla and contained false and misleading statements regarding student proficiency standards. She asked the Council to refute the false statements. Betsy Cory, representing the Friends of Rice Canyon, stated that the canyon movement was gaining strength in San Diego County. She announced that anyone interested in getting involved could gain information by going to the Sierra Club, San Diego Chapter website and clicking on the "canyons coalition" link. Norma Runyon, resident of Brentwood Mobile Home Park, requested Council assistance with park problems. Mayor Padilla requested an update on the code enforcement activity at this particular park. At 7:06 p.m. Mayor Padilla recessed the Council meeting and convened the special joint meeting of the City Council and Redevelopment Agency. At 7:25 p.m., Mayor Padilla reconvened the Council meeting, with all members present. Page 5 - Council Minutes http://www .chulavistaca.gov October 24, 2006 /11-5 DRAFT PUBLIC HEARINGS 9. CONSIDERATION OF AN AMENDMENT TO THE Chula Vista MUNICIPAL CODE TO ADD THE REQUIREMENT FOR PHYSICIANS TO PROVIDE PROOF OF CURRENT MEDICAL LICENSE PRIOR TO ISSUANCE OF A CHULA VISTA BUSINESS LICENSE (Continued from October 10,2006) Residents have expressed concern that unlicensed physicians may be operating in the City. Adoption of the ordinance requires any person practicing medicine in the City of Chula Vista to show a valid, state-issued license or certificate in order to obtain a business license. (Planning & 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. Planning and Building Director Sandoval introduced the item, and Code Enforcement Manager Leeper presented the staff report. There being no members from the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Deputy Mayor McCann offered the following ordinance for first reading, heading read, text waived: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE TO ADD SECTION 5.42.020, REQUIRING ANY PERSON PRACTICING MEDICINE TO SHOW A VALID STATE LICENSE OR CERTIFICATE AS A REQUIREMENT TO OBTAIN A BUSINESS LICENSE (FIRST READING) Mayor Padilla seconded the motion, and it carried 5-0. 10. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL CODE TITLE 6, "ANIMALS" TO INCLUDE PUBLIC SALE OF CATS AND DOGS PROHffiITED (CVMC 6.30.020) AND PUBLIC SALE OF CHICKS AND RABBITS RESTRICTED (CYMC 6.30.030) (Continued from October 10, 2006) ACTION: It was the consensus of the Council to cancel the public hearing. 11. CONSIDERATION OF ADOPTION OF NEGATIVE DECLARATION (IS-06-023) AND THE 2005-2010 HOUSING ELEMENT UPDATE OF THE GENERAL PLAN Pursuant to state law, the City is required to prepare a Housing Element update that covers the period of July 1, 2005 through June 30, 2010. The Housing Elementis an important planning tool that analyzes the City's present and projected housing needs, identifies potential constraints and opportunities to meeting the City's housing needs, and sets policy goals and objectives for meeting the City's housing goals and needs during the 2005-2010 period. (Acting Community Development Director) Page 6 - Council Minutes http://www.chulavistaca.gov October 24, 2006 /Il-/P DRAFT PUBLIC HEARINGS (continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Housing Manager Mills and Senior Community Development Specialist Hines provided the staff report, with Ms. Hines covering what has happened since the last update, the public review period and state review. Ms. Mills provided the next steps to be taken, including the implementation of tasks, programs and policies; annual review of progress; preliminary work on the update; and the work program. Councilmember Rindone asked the status of consideration of a sliding scale for inclusionary housing. Ms. Mills responded that staff would bring forth such policy issues for discussion involving community members, developers, and builders, and it was a reasonable assumption that a sliding scale could be put into place at that time. Patricia Aguilar, representing Crossroads II, spoke in support of the Housing Element as drafted and commended staff for listening to concerns and revising the draft based on public input. Tony LoPresti, representing the Environmental Health Coalition (EHC), stated he was pleased with the public participation process. He then provided a handout with three additional recommendations that his organization would like to see included. They were I) the establishment of a timeline for the funding, initiation, and adoption of the Southwest Specific Plan 2) to explicitly state that a policy establishing green building standards will be considered on a citywide basis in six months, pending the results of the Gas Technology Institute study, and 3) to explicitly state that funding will be identified to purchase sites deemed appropriate for land banking for the purpose of affordable housing, and that partnerships will be sought with affordable housing non-profits that can establish a Community Land Trust model. There being no further members of the public wishing to speak, Mayor Padilla closed the public hearing. Mayor Padilla asked staff to respond to the Environmental Health Coalition recommendations. Ms. Mills expressed concem with the proposed language, which tied funding to a large policy document. Acting Community Development Director Hix suggested language such as "a commitment that will seek funding," rather than stating "that funding will be identified." Councilmember Castaneda expressed concern with the redevelopment of large areas of southwest Chula Vista with no plan. He then asked staff to come back in 60 days with a funding plan for investing in southwest Chula Vista. Deputy Mayor McCann stated that he did not know enough about the recommendations being submitted by the Environmental Health Coalition to vote on them this evening, the Council having only just received the handout. He asked that, in the future, he be contacted directly by anyone submitting proposed recommendations to the Council prior to the meeting, so that he is fully briefed and prepared to discuss them. Page 7 - Council Minutes http://www.chulavistaca.gov 111-7 October 24, 2006 DRAFT PUBLIC HEARINGS (Continued) ACTION: Councilmember Rindone moved to incorporate the tbree recommendations submitted by the Environmental Health Coalition into the resolution, with the third recommendation amended to change the word "can" to "may", as follows: (1) establish a timeline for the funding, initiation, and adoption of the Southwest Specific Plan; (2) explicitly state that a pol\cy establishing green building standards will be considered on a citywide basis in six months, pending the results of the Gas Technology Institute study; and (3) explicitly state that funding will be identified to purchase sites deemed appropriate for land banking for the purpose of affordable housing, and that partnerships will be sought with affordable housing non-profits that may establish a Community Land Trust model. Deputy Mayor McCann asked that the resolution be bifurcated from the tbree recommendations. In response to a question by Councilrnember Castaneda, Acting Community Development Director Hix responded that staff could bring back a time line for funding the Southwest Specific Plan within two weeks. Mayor Padilla seconded Councilmember Rindone's motion, and it carried 5-0, except on the third recommendation, which carried 4-1 with Deputy Mayor McCann voting no. Councilmember Rindone offered Resolution No. 2006-321 as amended, heading read, text waived: RESOLUTION NO. 2006-321, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING NEGATNE DECLARATION (lS-06-023) AND THE 2005-2010 HOUSING ELEMENT UPDATE OF THE GENERAL PLAN The motion carried 5-0. Mayor Padilla declared a recess at 8:32 p.m. The Council reconvened at 8:43 p.m. with all members present. PUBLIC HEARINGS (continued) 12. CONSIDERATION OF A PROPOSED GENERAL PLAN AMENDMENT AND URGENCY INTERIM ORDINANCE TO ESTABLISH A MOBILEHOME OVERLAY DISTRICT During deliberations on the recently approved General Plan Update, one of the concerns raised by the community was the possible displacement of existing residents when redevelopment of some existing housing areas takes place, such as within portions of the City's Urban Core area. In order to ensure that the often-special circumstances of mobilehome residents are addressed whenever a change of use and/or rezoning is contemplated for any existing mobilehome park, the overlay district establishes a requirement for preparation of a plan to address any adverse effects of conversion prior to consideration of the change of use and/or rezoning. (Director of Planning and Building) Page 8 - Council Minutes http://www.chulavistaca.gov October 24, 2006 /11-'6 DRAFT PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Planning and Building Director Sandoval introduced the item, and Advanced Planning Manager Batchelder provided the staff report. Councihnember Castaneda stated that there needed to be a distinction made between mobilehome owners and renters. Housing Manager Mills responded that staff would be analyzing this and other topics, and would include significant public participation from residents, renters, park owners, and community members over the next six months. Advanced Planning Manager Batchelder then reviewed revised language, which had been provided to the Council for LUT 34.A.l and LUT 34.A.2 of the resolution, and Section 4(B) 2 of the ordinance. Patricia Aguilar, representing Crossroads II, stated that the Urban Core Specific Plan, when adopted, would give a gift to property owners whose properties would be rezoned as a result and increase substantially in value. She requested consideration of requiring the use of some of that increase in value to help those who are displaced. Additionally, Ms. Aguilar stated that the overlay zone benefits should be applied to all rental housing in the Urban Core Specific Plan area, as welL Barbara Nunley, resident of Jade Bay Mobilehome Park, expressed concern with the lack of protection for mobilehome owners and advised against buying a mobilehome anywhere at this time. Patricia Lopez, representing residents of Bayscene Mobilehome Park, provided the Council with a petition containing the signatures of approximately 200 residents of the Jade Bay and Bayscene Mobile Home Parks asking the Council to stop the rezoning contained in the Urban Core Specific Plan and keep their areas zoned for mobile home use only. Glen Googins provided handouts, including an e-mail dated October 24, 2006, regarding the General Plan Overlay District for MHP properties; proposed language; and copies of Chula Vista Municipal Code Sections 9.40, 9.50 and 9.60. Mr. Googins then stated that the proposed General Plan Overlay District for mobile home parks was too much, too fast, and that extensive mobile home park closure/conversion regulations already exist. Further, the updated Housing Element currently calls for enhanced relocation benefits for displaced mobilehome park residents, with rules to be developed over the next six to twelve months, which Bayscene, Terry's and Cabrillo Mobile Home Parks (three of the five targeted for redevelopment by the approved General Plan Update) support. Mr. Googins believed the proposed General Plan Overlay District would create a requirement for new findings which were vague and ambiguous, not enforceable, possibly impossible to satisfy, and/or redundant of existing state and local law that could prevent park conversion, even when desirable. With regard to staff's goal to put the new law into effect prior to the election, in case Proposition 90 passes, Mr. Googins stated the General Plan amendment would not go into effect until 30 days after adoption per California case law, and that approval of the Housing Element Update would accomplish the goaL In conclusion, Mr. Googins stated that the proposed language should be revised to eliminate the new vague findings that could be used against desirable park redevelopment, noting that three of Page 9 - Council Minutes http://www.chulavistaca.gov IA-'1 October 24, 2006 DRAFT PUBLIC HEARINGS (Continued) the five parks slated for redevelopment would agree not to propose park conversions until the new relocation regulations contemplated by the Housing Element Update are put in place. Benefits must be reasonable (as required by state law) and tested so that they go to those who really need them, and new affordable housing projects should have units prioritized for displaced park residents. Councilmember Rindone disclosed that he participated in discussions with Mr. Googins over the last few weeks. He then asked Mr. Googins what provisions to which Mr. Googins referred were currently on the books that would protect the residents of a mobile home park in the event of bankruptcy. Mr. Googins responded that Jade Bay is a unique situation, and he did not feel either the current or proposed provisions would solve the Jade Bay situation, as it was a closure. City Attorney Moore clarified that the regulations to which Mr. Googins referred did not really address a rezone or change in use. The proposed regulations do in that they require the City Council to make findings before there is a rezone or change in use. With regard to the provision of additional protection for mobile home park residents, current regulations require that a plan must be prepared and reviewed by the Community Development Director, with a decision appealable to the City Council. Under the proposed regulations, a plan would be prepared; go directly to the Council to consider a rezone or change in use of an existing park; and require that findings be made before any change of use or rezone could be made. The Council would have to look at the overall supply of affordable housing and the other criteria outlined in the staff report. Councilmember Rindone inquired as to whether staff had had an opportunity to review the bifurcated proposal as submitted by Mr. Googins. City Attorney Moore responded that she had, and from a legal standpoint, her only concern with the proposed changes were with the sections pertaining to taking out the rezoning. Mr. Googins stated that he had attempted to address the rezone in his proposal in LUT 34.A.3 and would delete "associated with any change of use" to address this issue. Advanced Planning Manager Batchelder responded that the collective result of Mr. Googins' , proposal was that the zoning provisions get temporarily removed from the front portion of the policy, mainly in the differentiation of the Urban Core parks. The zoning provision comes up at the end but is applicable only to the parks outside of the 14 Urban Core parks. Staff was not comfortable with proposing differential treatment at that detailed level. Additionally, the sixth finding that is stricken in Mr. Googins' proposal is the one that acknowledges that if there is a rezoning and not an eminent park closure, the plan has to provide sufficient assurances to the Council that at such time as the park does close, there is a commitment to provided a detailed closure pl~. Mayor Padilla inquired, and Mr. Batchelder clarified, that the requirement for a plan could be handled at either level, but staff preferred to handle it at the implementation level, rather than the broader policy level, as this allows the consideration to be taken at the zoning level so the Housing Eelement policies are brought into consideration at the time a rezoning is considered. Page 10 - Council Minutes http://www.chulavistaca.gov October 24, 2006 / A ~/o DRAFT PUBLIC HEARINGS (Continued) City Attorney Moore stated that staff's proposed ordinance ties down and gets specific, allowing the Council to have a broader view at an earlier level with respect to what happens with those parks. Chip Crandall, co-owner of Bayscene Mobile Home Park, stated that there needs to be respect for the positions of both the park owner and the mobile home owner. Given the rent control regulations, he did not understand why a park owner would not work to reach some middle ground to avoid a closure or bankruptcy. He then addressed Ms. Aguilar's position regarding affordable housing and her statement that up-zoning 2qw a gift, which he stated did not take into consideration the risk taken by developers who put their personal assets on the line to guarantee their construction loans. Mr. Crandall then requested that means testing be developed to evaluate the affordable needs of the City's residents. There being no further members of the public wishing to speak, Mayor Padilla closed the public hearing. Mayor Padilla requested clarification as to the distinction between the overlay zone and going in at the implementing level and amending the closure ordinance; what was being provided in terms of protection, leverage and strength in the decision-making process with the zone; and what level of latitude local jurisdictions have to be consistent with state law and if the City could go beyond that. He then stated, for those who thought this option had just come up, that it had been under consideration since mid-August. Deputy City Attorney Maland responded that the state statute requires that the proponent submit a plan to the municipal legislative body, which is charged with analyzing and reviewing the plan. It may impose requirements on the proponent to ensure that displaced residents have certain protections with respect to relocating. The only limitation is that the reasonable cost of relocation cannot be exceeded. Councilmember Rindone asked Mr. Crandall repeat comments he had made at a recent Planning Commission meeting. Mr. Crandall stated that he had offered apartments to several mobile home tenants who were being uprooted, and no one was interested. Further, he believed that this was a human nature issue of lifestyle, and strong leadership was needed to help people get through this hardship. Councilmember Castaneda stated that the Council is talking about tightening the laws that already exist. The urgency ordinance allows staff time to get a handle on what is going on and to review what is going to be implemented with mobilehome park owners, residents, attorneys and staff. Councilmember Rindone stated that this is about fairness, protection, and defending the process, a first step in all directions. Page II - Council Minutes http://www.chulavistaca.gov Ill-II October 24, 2006 DRAFT PUBLIC HEARINGS (Continued) ACTION: Councilmember Rindone then offered Urgency Interim Ordinance No. 3047-A and Resolution No. 2006-322, headings read, texts waived: ORDINANCE NO. 3047-A, URGENCY INTERlM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A MOBILEHOME OVERLAY DISTRICT (4/5THS VOTE REQUIRED) RESOLUTION NO. 2006-322, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CITY'S GENERAL PLAN TO ESTABLISH A MOBILEHOME OVERLAY DISTRICT Mayor Padilla seconded the motion, and it carried 5-0. 13. CONSIDERATION OF IMPLEMENTATION OF CALIFORNIA VEHICLE CODE SECTIONS 21107.6 AND 21107.8 ON THE PRIVATELY-OWNED ROADS AND PARKING FACILITIES AT THE OTAY RANCH TOWN CENTRE Representatives from General Growth, Inc. have requested that the Police Department enforce the California Vehicle Code at the Otay Ranch Town Centre, located ate 2015 Birch Road. Adoption of the ordinance permits the Police Department to conduct Vehicle Code enforcement on that property. (Police Chief) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Police Chief Emerson stated that staff was available to answer questions. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Deputy Mayor McCann offered the following ordinance for first reading, heading read, text waived: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IMPLEMENTING CALIFORNIA VEHICLE CODE SECTIONS 21107.6 AND 21107.8 ON THE PRIVATELY-OWNED ROADS AND PARKING FACILITIES AT THE OTAY RANCH TOWN CENTRE (FIRST READING) The motion carried 5-0. Page 12 - Council Minutes http://www.chulavistaca.gov / A -jJ- October 24, 2006 DRAFT PUBLIC HEARINGS (Continued) 14. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO UPDATES IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (pFDIP) TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA In August 1989, the Council adopted an ordinance estaOlishing a series of supplemental impact fees. The Public Facilities Development Impact Fee (PFDIP) program was established in January 1991. This program enables the City to implement the intent of the Growth Management Oversight Commission program, and to ensure that existing residents do not bear the costs of new development. This program was last comprehensively updated in November 2002. Adoption of the ordinance approves the Public Facilities DIP March 2006 Update. (Budget and Analysis 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. Councilmember Castaneda stated that he would abstain from discussion and voting on this item as some of the facilities being financed through the fee are within 500 feet of his residence. Councilmember Rindone stated the same, and they both left the dais. Budget and Analysis Director Van Eenoo responded to questions of the Council. Interim City Manager Thomson noted that a letter from the Building Industry Association had been received before the start of the meeting and was provided on the dais. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Deputy Mayor McCann offered the following ordinance for first reading and Resolution No. 2006-323 for adoption, headings read, texts waived: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA (FIRST READING) RESOLUTION NO. 2006-323, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE "PUBLIC FACILITIES DEVELOPMENT IMPACT FEE, MARCH 2006 UPDATE" The motion carried 3-0-2, with Councilmembers Castanada and Rindone abstaining. Councilmembers Castaneda and Rindone then returned to the dais. ACTION ITEMS Page 13 - Council Minutes http://www.chulavistaca.gov October 24, 2006 ) A -(~ DRAFT 15. APPOINTMENT TO FILL ONE VACANCY ON THE PLANNING COMMISSION (Continued from October 10,2006) Mayor Padilla asked Councilmembers to provide the names of their nominees. Councilmember Rindone noted for the record that, although he was absent from the meeting of October lOth, he had viewed the streaming video of the interviews and was prepared to submit his nominees. . Councilmember Rindone nominated applicants Spethman, Krogh and Munoz. Councilmember McCann nominated applicants Spethman, Krogh and Munoz. Councilmember Chavez nominated applicants nominees Spethman, Krogh and Munoz. Councilmember Castaneda nominated applicants Krogh and Munoz. Mayor Padilla nominated applicants Krogh, Ray, and Munoz. ACTION: Mayor Padilla moved to appoint Mr. Krogh to the Planning Commission. The motion died for the lack of a second. ACTION: Councilmember Rindone moved to appoint Mr. Spethman to the Planning Commission. Deputy Mayor McCann seconded the motion, and it carried 4-1 with Councilmember Castaneda voting no. 16. CONSIDERATION OF AN AGREEMENT FOR JAIL SERVICES The Police Department has negotiated an agreement with the State of California Department of Corrections, Division of Adult Parole Operations, to house up to 24 state inmates who will be participating in the In-Custody Drug Treatment Program (ICDTP). (Police Chief) Councilmember Castaneda stated that, due to the proximity of his residence to the subject property, he would abstain from participation on this item. He then left the dais. Police Chief Emerson presented the staff report and responded to questions of the Council. Deputy Mayor McCann asked that the Council be immediately notified if there were any delays with the contract. ACTION: Mayor Padilla offered Resolution No. 2006-324, heading read, text waived: RESOLUTION NO. 2006-324, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR JAIL SERVICES WITH THE STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND APPROPRIATING FUNDS TO THE FISCAL YEAR 2007 POLICE DEPARTMENT SUPPLIES AND SERVICES BUDGET, BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) The motion carried 4-0-1 with Councilmember Castaneda abstaining. Page 14 - Council Minutes http://www.chulavistaca.gov /fi~/+ October 24, 2006 DRAFT ACTION ITEMS (continued) 17. CONSIDERATION OF APPROPRIATION OF FUNDS FOR MOBILEHOME ACTIVITIES The City enforces a variety of regulations for mobilehome parks, and has recently increased services to address the challenges in mobilehome living. Funding for these activities are not eligible under existing grant revenues. General Fund appropriations are necessary to carry out the comprehensive list of services identified in this report for mobilehome residents. (Community Development Director) ACTION: At the request of Interim City Manager Thomson, Councilmember Castaneda moved to continue the item to a future date. Deputy Mayor McCann seconded the motion, and it carried 5-0. OTHER BUSINESS 18. CITY MANAGER'S REPORTS Interim City Manager Thomson reminded everyone of the Otay Ranch Town Center Grand Opening Ceremony on Friday morning, October 27, 2006. 19. MAYOR'S REPORTS There were none. 20. COUNCIL COMMENTS Councilmember Rindone asked for a report, on or before the November 7,2006 meeting, on the reason for delays in Fire Department plan check reviews. Deputy Mayor McCann stated he had attended the Change Their Lives - Casa Segouras and Scripps Hospital fundraising events. He then reminded everyone to vote in the November 7, 2006 election. Councilmember Chavez stated she had been out to the new mall and spoke regarding the unique architecture that is "Chula Vista". CLOSED SESSION 21. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 . Engineering Director No reportable action was taken on this item. CLOSED SESSION (Continued) Page 15 - Council Minutes http://www.chulavistaca.gov October 24, 2006 / A - /S DRAFT 22. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Reyes v. City of Chula Vista (USDC 05 CV 2309) B. Gechter v. City of Chula Vista (GIS22609) C. Sidock v. City ofChula Vista (GIS 15970) D. In Re: The Environmental Trust (USBC # 05-02321-LAll) No reportable action was taken on this item. 23. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) One Case No reportable action was taken on this item. 24. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) Two Cases No reportable action was taken on this item. ADJOURNMENT At 1:05 a.m., Mayor Padilla adjourned the meeting to the Adjourned Regular Meeting on October 26, 2006 at 4:00 p.m. in the Council Chambers. q~~~ Lori Anne Peoples, CMC, Senior Deputy City Clerk Page 16 - Council Minutes http://www.chulavistaca.gov //f-/(P October 24, 2006 'OC DRAFT MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 24, 2006 6:00 P.M. A Special Meeting of the City Council and Redevelopment Agency of the City of Chula Vista was called to order at 7:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Council/Agency members: Castaneda, Chavez, McCann, Rindone, and Mayor/Chair Padilla ABSENT: Council/ Agency members: None ALSO PRESENT: Interim City Manager/Executive Director Thomson, City Attorney/ Agency Counsel Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PUBLIC COMMENTS There were none. ACTION ITEM Council/Agency Member Rindone stated that, due to the proximity of his property to the subject area, he had a potential conflict on Item IB; he then left the dais. Council/Agency Member McCann stated that he had a potential conflict, as well, on Item I A, and he also left the dais. 1. CONSIDERATION OF ADOPTION OF RESOLUTIONS AMENDING THE FISCAL YEAR 2005/2006 BUDGET BY TRANSFERRING AND APPROPRIATING FUNDS IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY (Continued from October 10, 2006) The Council policy on financial reporting and transfer authority indicates that all departments complete the fiscal year with a positive balance in each budget summary category. In order to comply with the intent of this policy, transfers and appropriations are recommended for approval. All recommended general fund transfers can be done using existing appropriations. (Finance Director) Finance Director Kachadoorian provided the staff report. Council/Agency Member Chavez stated that she pulled the item originally scheduled on the Consent Calendar for clarification of items contained in the staff report. She thanked staff for providing additional details and asked that future reports be listed as Action Items on the agenda. /6.-1 ACTION ITEM (continued) Council/Agency Member Castaneda requested a workshop on how departments will deal with the changing economy and building cycle, since costs cannot be covered exclusively from developer and permit fees and will need to be absorbed without major hits to the general fund. He stated that departments may need to be restructured, new revenues generated, and resources and services redirected. Council! Agency Member Chavez commented on the need for prioritization. Interim City Manager/Executive Director Thomson advised that staff was working on budget contingency plans, and he mentioned differences in staffing procedures between the Fire and Police Departments. He also commented that the major reason for departmental overages was related to how the PERS rate was calculated at the state level; the departments themselves stayed within budget. Council/Agency Member Rindone returned to the dais at this time. ACTION: Council/Agency Member Chavez offered the following resolution, heading read, text waived: A. CITY COUNCIL RESOLUTION NO. 2006-325, REDEVELOPMENT AGENCY RESOLUTION NO. 2006-1959, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2005/2006 BUDGET FOR THE SOUTHWEST PROJECT AREA PORTION OF FUNDS 651 AND 671-675 IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY, AND APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS (4/5THS VOTE REQUIRED) The motion carried 4-0-1, with Council! Agency Member McCann abstaining. Council/Agency Member Rindone then left the dais, and Council/Agency Member McCann returned to the dais. ACTION: Mayor/Chair Padilla offered the following resolution, heading read, text waived: B. CITY COUNCIL RESOLUTION NO. 2006-326, REDEVELOPMENT AGENCY RESOLUTION NO. 2006-1960, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2005/2006 BUDGET FOR THE TOWN CENTER II, AND ADDED AREA PORTION OF FUND 651, IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY (4/5THS VOTE REQUIRED) The motion carried 4-0-1, with Council/Agency Member Rindone abstaining. Council! Agency Member Rindone returned to the dais at this time. Page 2 - CounciVRDA Minutes http://www.chulavistaca.gov 15-~ October 24, 2006 ACTION ITEM (continued) ACTION: Mayor/Chair Padilla offered the following resolution, heading read, text waived: C. CITY COUNCIL RESOLUTION NO. 2006-327, REDEVELOPMENT AGENCY RESOLUTION NO. 2006-1961, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING FISCAL YEAR 2005/2006 BUDGET, EXCLUDING FUNDS 651 AND 671-675, IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY, AND APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS (4/5THS VOTE REQUIRED) The motion carried 5-0. OTHER BUSINESS 2. CITY MANAGERlDIRECTOR'S REPORTS There were none. 3. MAYOR/CHAIR'S REPORTS There were none. 4. COUNCIL/AGENCY MEMBERS' COMMENTS There were none. ADJOURNMENT At 7:25 p.m., Chairman Padilla adjourned the Redevelopment Agency to the adjourned regular meeting of October 26, 2006 at 4:00 p.m. in the Council Chambers. At I :05 a.m., Mayor Padilla adjourned the City Council to the adjourned regular meeting of October 26, 2006, at 4:00 p.m. in ,,"C_ilCMmb= q~ ~ V~ Lori Anne Peoples, CMC, Senior Deputy City Clerk Page 3 - Counci1lRDA Minutes http://www.chulavistaca.gov ".- \6-~ October 24, 2006 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 7,2006 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:19 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, Senior Assistant City Attorney Marshall, City Clerk Bigelow, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY LIZ PURSELL, COMMUNICATIONS DIRECTOR, OF THE EMPLOYEE OF THE MONTH, DIANE HOWELL, ADMINISTRATIVE TECHNICIAN Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Ms. Howell. . DID YOU KNOW...ABOUT THE RUOK PROGRAM AT NORMAN PARK CENTER? Presented by Karen Harvell, Recreation Supervisor III. Recreation Director Buck Martin introduced Ms. Harvell, who discussed the RUOK Program. CONSENT CALENDAR (Items 1 through 7) Councihnembers Castaneda and Rindone stated that they would abstain from voting on Item 4 because their properties were within 500 feet ofthe public facilities. Item 7 was pulled from the Consent Calendar for discussion by members of the public. 1. WRITTEN COMMUNICATIONS Letter of resignation from Mike Spethman, a 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. ) C - J DRAFT CONSENT CALENDAR (Continued) 2. ORDINANCE NO. 3048, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE TO ADD SECTION 5.42.020, REQUIRING ANY PERSON PRACTICING MEDICINE TO SHOW A VALID STATE LICENSE OR CERTIFICATE AS A REQUIREMENT TO OBTAIN A BUSINESS LICENSE (SECOND READING) Adoption of the ordinance requires any person practicing medicine in Chula Vista to show a valid, state-issued license or certificate in order to obtain a business license. This ordinance was introduced on October 24, 2006. (Planning and Building Director) Staff recommendation: Council adopt the ordinance. 3. ORDINANCE NO. 3049, ORDINANCE OF THE CITY OF CHULA VISTA IMPLEMENTING CALIFORNIA VEHICLE CODE SECTIONS 21107.6 AND 21107.8 ON THE PRIVATELY-OWNED ROADS AND PARKING FACILITIES AT THE OTA Y RANCH TOWN CENTRE (SECOND READING) Adoption of the ordinance permits the Police Department to conduct Vehicle Code enforcement on this property. This ordinance was introduced on October 24, 2006. (Police Chief) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE NO. 3050, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3.50 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO DEVELOPMENT IMPACT FEES TO PAY FOR VARIOUS PUBLIC FACILITIES WITHIN THE CITY OF CHULA VISTA (SECOND READING) Adoption of the ordinance approves the Public Facilities Development Impact Fees March 2006 Update. This ordinance was introduced on October 24, 2006. (Budget and Analysis Director) Staff recommendation: Council adopt the ordinance. 5. RESOLUTION NO. 2006-329, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $30,304.44 REIMBURSEMENT FROM ALLIED WASTE SERVICES FOR PUBLIC EDUCATION BOOKLET DESIGN AND PRINTING, AND AMENDING THE FISCAL YEAR 2007 GENERAL SERVICES' SUPPLIES AND SERVICES BUDGET AND APPROPRIATING FUNDS THEREFOR The General Services Department received a reimbursement check for $30,304.44 from Allied Waste Services for costs incurred in designing and printing a new public information booklet for recycling and solid waste services. The booklet is being mailed to all single-family households with the January invoices. (General Services Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes http://www.chulavistaca.gov /c-;;)- November 7, 2006 DRAFT CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2006-330, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF FORESTRY & FIRE PROTECTION FOR A $212,875 "GREEN TREES FOR THE GOLDEN STATE" GRANT TO PLANT 1,275 SHADE TREES ALONG PUBLIC PARKWAYS AND RIGHTS-OF-WAY, CERTIFYING THAT THE CITY HAS SUFFICIENT FUNDS TO COMPLETE 'THE PROJECT BY MARCH 31, 2009, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH SUBMITTING THE APPLICATION Adoption of the resolution approves the submittal of a $212,875 "Green Trees for the Golden State" grant application to the California Department of Forestry and Fire Protection. (Conservation and Environmental Services Director) Staff recommendation: Council adopt the resolution. 7. Item 7 was removed from the Consent Calendar for discussion. ACTION: Mayor Padilla offered Consent Calendar Items I through 6, headings read, texts waived. The motion carried 5-0, except on Item 4, which carried 3-0-2, with Councilmembers Castaneda and Rindone abstaining. ITEMS REMOVED FROM THE CONSENT CALENDAR 7. RESOLUTION NO. 2006-331, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDMENT TO CITY COUNCIL POLICY 465-02 "SIGNS ON PUBLIC PROPERTY" TO ADD PROVISIONS FOR TEMPORARY REGIONAL CENTER DIRECTIONAL SIGNS Adoption of the resolution amends the existing Council policy regarding signs on public property to add an additional permitted category of temporary regional center directional signs. This provision responds to a need that has arisen to provide residents and visitors the means to easily locate regional-serving commercial centers from access points at Interstate 805 in an attractive and safe manoer, prior to and for one year after the opening of SR-125. (Planoing and Building Director) Staffrecommendation: Council adopt the resolution. Ed Fishanf, representing Basset Furniture Direct, stated that City support of the proposed signage is one of the steps towards making the district a success. Mike Vote, representing IRE Development, stated that approval of the proposed directional signs is one of a number of steps necessary to provide much needed foot traffic to the district. He asked the Council and staff to work with the district to think outside the box for ideas to improve business for the tenants. Doug Chase, representing Bay Bridge Brewing, stated that an application he submitted to the City for a brewery/restaurant in the design district has been put on hold. He believed that the proposed restaurant was needed in the design district and would go a long way toward providing the necessary foot traffic and create an excellent synergy between the restaurant and existing tenants. He requested that his application be considered independently of the higher-level applications, and that staff allow some flexibility for the restaurant. Page 3 - Council Mioutes http://www .chulavistaca.gov /C-3 November 7, 2006 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Mike Larson, representing Follage Furniture and Interiors, expressed his appreciation of Council's support of the design district. Brian Roble, representing Caldera Spas, expressed his appreciation for the City's support and expressed the need for foot traffic to increase business that w~uld ultimately result in sales tax dollars to the City. Deputy Mayor McCann stated that the proposed signage is just one step towards assisting with the success of businesses in the design district that will ultimately benefit the City and its citizens. He believed that the microbrewery did fit in the current plan, and he encouraged staff to expedite the application submitted by Mr. Chase. Councilmember Rindone made reference to a staff memorandum to Council that addressed a number of issues regarding the design district, stating that a "Red Team" had been established to address these issues. Councihnember Chavez stated that time is of the essence in moving forward to make businesses in the design district a success. Councilmember Castaneda stated that the existing design district is a fledging operation and can only survive by growing and with the support of the City. He added that the success of existing businesses in the district would be an attraction for new businesses to relocate there. ACTION: Deputy Mayor McCann moved to approve staffs recommendation and offered Resolution No. 2006-331, heading read, text waived. The motion carried 5-0. PUBLIC COMMENTS There were none. OTHER BUSINESS 8. CITY MANAGER'S REPORTS Interim City Manager Thomson noted that the U.S. Department of Housing and Urban Development has approved the City's $9.5 million Section 108 loan to be used for the installation of various street improvements in the Castle Park area. Interim City Manager Thomson conferred and confirmed with the Council that the joint meeting of the Chula Vista Redevelopment CorporationlRedevelopment Agency/City Council would be conducted as scheduled on Thursday, November 16, 2006, at 6:00 p.m. in Council Chambers. 9. MAYOR'S REPORTS A. Ratification of Ms. Teresa Acerro to the Growth Management Oversight Commission. B. ACTION: Ratification ofMr. John Ray to the Growth Management Oversight Commission. Mayor Padilla moved to ratify the appointment of Teresa Acerro and John Ray to the Growth Management Oversight Commission. The motion carried 5-0. Page 4 - Council Minutes http://www .chulavistaca.gov J C. i..l November 7, 2006 DRAFT OTHER BUSINESS (Continued) 10. COUNCIL COMMENTS Councilmember Rindone congratulated all those involved with the successful opening of the Otay Town Center. He stated that the City must persevere to provide similar opportunities on the west side. Councilmember Rindone requested that the City Clerk's Office deliver any revised agenda items il to his office on the day of the revision. Deputy Mayor McCann invited all to attend the Veterans Day celebration on Saturday, November II, 2006, at 11:00 a.m. in Memorial Park. Deputy Mayor McCann: A. Schedule workshop to discuss with the community the proposed new power plant facility. Deputy Mayor McCann requested that a workshop be held between all parties involved in the power plant to analyze all the issues and set a cohesive policy direction. Mayor Padilla asked the status of the Energy Working Group, a sub-group of the committee working on the power plant issues. Assistant City Manager Madigan replied that the group includes a couple of Port Commissioners and Councilmember Castaneda, who have had several meetings on the issue and have made recommendations to the Port Commission. She then asked Councilmember Castaneda to provide an update on the last meeting. Councilmember Castaneda explained that the City is currently under review by the California Energy Commission, and that LS Power, formerly owned by Duke Energy, has applied for an application for certification. He stated that although the City would have numerous opportunities to weigh in on the approval process, it does not have authority or jurisdiction over whether the existing power plant stays or goes. He stated that the issue is very complex, and without the support of the State of California and other agencies involved, there is a strong likelihood that the power plant would remain for many years to come. He spoke in support of a workshop that would include the three state agencies involved. B. Evaluations of the City Attorney, City Clerk and City Manager/Interim City Manager. Deputy Mayor McCann expressed the need to regularly schedule evaluations of the City Attorney, City Clerk and City Manager/Interim City Manager to maintain good management. He requested that evaluations be scheduled in January and regularly scheduled thereafter. ADJOURNMENT At 5:11 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on November 14, 2006 at 6:00 p.m. in the Council Chambers. ----- Lorraine Bennett, CMC, Deputy City Clerk Page 5 - Council Minutes http://www.chulavistaca.gov IC-5 November 7,2006 DRAFT MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA November 7, 2006 4:00 P.M. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 5:11 p.m. in the Council ChlUllbers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: Council/Agency Members: Castaneda, Chavez, McCann, Rindone and Mayor/Chair Padilla Council/Agency Authority Members: None Interim City Manager/Executive Director Thomson, Senior Assistant City Attorney/Agency Counsel Marshall, City Clerk Bigelow, and Deputy City Clerk Bennett CONSENT CALENDAR (Item 1) With regard to Item 1, Senior Assistant City Attorney Marshall stated that due to a possible conflict of interest, and out of an abundance of caution, the City Attorney's Office recommended that Agency/Councilmember Castaneda not participate in voting on the item, since his residence is within 500 feet of the Town Center I project area. Agency/Councilmember Castaneda then left the dais. 1. COUNCIL RESOLUTION NO. 2006-332, AND AGENCY RESOLUTION NO. 2006- 1964, JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA RECONSIDERING AND APPROVING AN ADDENDUM TO THE LETTER OF INTENT BETWEEN THE CITY, THE REDEVELOPMENT AGENCY, THE SAN DIEGO UNIFIED PORT DISTRICT, AND GAYLORD ENTERTAINMENT COMPANY CONCERNING BAYFRONT HOTEL, CONVENTION CENTER, AND ANCILLARY DEVELOPMENT; AND AUTHORIZING THE CITY MANAGERlEXECUTIVE DIRECTOR TO SIGN THE LETTER OF INTENT ON BEHALF OF THE CITY AND THE REDEVELOPMENT AGENCY Adoption of the resolution amends the letter of intent between the San Diego Unified Port District, City of Chula Vista, Redevelopment Agency of the City of Chula Vista, and Gaylord Entertainment Company to add langualle that commits the governmental entities to continue to promote job quality and pnority for the local workforce, protect environmental resources, and continue public involvement as the City, Agency, and Port negotiate public participation agreements for the Gaylord hotel and conference center proposed for the Chula Vista bayfront. The financing proposed within the letter of intent has the potential to impact both the Bayfront and Towne Center I redevelopment project areas. This resolution was originally approved on October 10, 2006, on the Consent Calendar. A vote on the item by Councilman Castaneda was inadvertently recorded at that time. Out of an abundance of caution, because Councilmember Castaneda lives within 500 feet of the Town Center I redevelopment l?roject area, and the presence or lack thereof of a conflict of interest cannot be detenmned at this time, the resolution is presented for re-adoption. (Assistant City Manager Madigan) Staffrecommendation: Council adopt the resolution. 1))-1 DRAFT CONSENT CALENDAR (Continued) Tracy Wert, representing the Southwest Regional Council Carpenters Union, expressed concern that Hansel Phelps, an out-of-state general contractor, was being considered by the City as the general contractor for the bayfront development. He stated that Hansel Phelps hires out-of-state workers at sub-standard wages, which creates displacement of the local workforce. He recommended that the City hire a local contractor who would efIlploy qualified local workers at an area standard wage. Mayor Padilla clarified that the subject of the item on this agenda is only an agreement to negotiate cost-sharing specifics; the Council is not yet at a project-approval stage. Richard Medina, representing the Carpenters Union, stated that the union has represented skilled craftsmen for years. He offered to be involved in the process and provide a strong ally. ACTION: Chair/Mayor Padilla moved to approve staff s recommendation and offered Council Resolution No. 2006-332 and Redevelopment Agency Resolution No. 2006-1964, heading read, text waived. The motion carried 4-0-1, with Agency/Councilmember Castaneda abstaining. Agency/Councilmember Castaneda returned to the dais. PUBLIC COMMENTS There were none. OTHER BUSINESS 2. CITY MANAGER/DIRECTOR'S REPORTS There were none. 3. MAYOR/CHAIR'S REPORTS There were none. 4. COUNCIL/AGENCY MEMBERS' COMMENTS There were none. ADJOURNMENT At 5:20 p.m., Chair/Mayor Padilla adjourned the City Council to its Regular Meeting on November 14, 2006, at 6:00 p.m. and the Redevelopment Agency to an Adjourned Regular Meeting on November 16,2006, at 6:00 p.m. in the Council Chambers. ----- Lorraine Bennett, CMC, Deputy City Clerk Page 2 - Council/RDA minutes http://www.chulavistaca.gov fD-d- November 7, 2006 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 14, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:20 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Rindone ABSENT: Councilmembers: Chavez (excused), Padilla (excused) ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Senior Deputy City Clerk Peoples, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE Theresa Acerro, Growth Management Oversight Commission John Ray, Growth Management Oversight Commission Deputy City Clerk Bennett administered the oath of office to Commissioner Acerro, and Councilmember Rindone presented her with a certificate of appointment. Mr. Ray was not present at the meeting. . DID YOU KNOW...ABOUT THE CHULA VISTA POLICE DEPARTMENT'S ACADEMY OF CRIMINOLOGY & JUSTICE PROGRAM AT OTA Y RANCH HIGH SCHOOL? Presented by Leonard Miranda, Police Captain. Captain Miranda presented the program and recognized some of the individuals involved, namely School Resource Officer Jose Cortez, School Program Coordinators JoAnne Silva and Vincente Martinez, and Police Cadets Jorge Molina, Abraham Munoz, Casandra Carillo, Veronica Fernandez, and Adriana Arrellano. CONSENT CALENDAR (Items 1 through 6) Interim City Manager Thomson requested that Item 4 be withdrawn from the agenda and brought back at a future meeting. With regard to Item 4, Councilmember Rindone asked that the item be brought back with more detailed information, including fiscal impact and comparables with other institutions. CI .....- DRAFT CONSENT CALENDAR (Continued) 1. WRITTEN COMMUNICATIONS A. Memorandum from Mayor Padilla requesting an excused absence from the City Council meeting of November 14, 2006 and the Chula Vista Redevelopment Corporation/Redevelopment Agency/City CO\ll).cil meeting of November 16, 2006. Staff recommendation: Council excuse the absences. B. Memorandum from Councilmember Chavez requesting an excused absence from the City Council meeting of November 14, 2006 and the Chula Vista Redevelopment Corporation/Redevelopment Agency/City Council meeting of November 16,2006. Staff recommendation: Council excuse the absences. 2. RESOLUTION NO. 2006-333, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEED GRANTING AN EASEMENT OVER A PORTION OF CITY- OWNED LAND TO PACIFIC BELL TELEPHONE COMPANY FOR UTILITY AND ACCESS PURPOSES AS NECESSARY TO INSTALL AND MAINTAIN AN ABOVE-GROUND SERVICE CABINET Adoption of the resolution grants an easement over a portion of City-owned land on the east side of Oleander Avenue, south of East Palomar Street, to Pacific Bell Telephone Company for utility and access purposes as necessary to install and maintain an above- ground service cabinet. The cabinet is being installed to improve service to residences in the area. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION NO. 2006-334, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A l20-DAY EXTENSION TO THE DEFERRAL OF THE PORTION OF THE COMPREHENSNE GENERAL PLAN UPDATE COMPRISED OF FUTURE VILLAGES 8, 9, 10/ UNIVERSITY AREA OF OTAY RANCH The extension to the deferral of the portion of the comprehensive General Plan update is necessary in order to provide sufficient time to enable the landowners and the City to agree upon a defined draft land plan. (planning and Building Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS AND AWARDING THE FOOD PREPARATION AND DELIVERY SERVICES AGREEMENT TO PEARTREES CATERING INCORPORATED, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 2 - Council Minutes http://www.chulavistaca.gov JE-"d- November 14, 2006 DRAFT CONSENT CALENDAR (Continued) The Police and Purchasing Departments have completed an evaluation of proposals received for food preparation and delivery services (RFP 1-06/07-R) for the Police Department's holding facility. Adoption of the resolution accepts proposals, awards the agreement to Peartrees Catering Incorporated, and authorizes the Mayor to execute the agreement. (Police Chief) Staff recommendation: The item be removed from the agenda. 5. RESOLUTION NO. 2006-335, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP AND ASSOCIATED AGREEMENTS FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-17, ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST GRANTED ON SAID MAP, AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC EASEMENTS AS GRANTED ON SAID MAP Adoption of the resolution approves a final map and associated agreements for Neighborhood R-17, a subdivision of Otay Ranch Village II. Neighborhood R-17 will consist of residential condominiums and two open space lots, Lot A, along Hunte Parkway to the south and Lot B, along the Paseo to the east. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2006-336, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP AND ASSOCIATED AGREEMENTS FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS MD-I AND R-19, ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST GRANTED ON SAID MAP AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC EASEMENTS AS GRANTED ON SAID MAP Adoption of the resolution approves a final map and associated agreements for Neighborhoods MD-l and R-19, a subdivision of Otay Ranch Village II. Neighborhoods MD-l and R-19 consist of residential condominiums, mixed-use condominiums, and commercial acres on three lots with three open space lots (Lots A, B and C) along Eastlake Parkway. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor McCann moved to approve staff's recommendations and offered Consent Calendar Items 1 through 3, 5 and 6, headings read, texts waived. The motion carried 3-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. Page 3 - Council Minutes http://www .chulavistaca.gov iE-3 November 14, 2006 DRAFT PUBLIC COMMENTS Maggie Comans, representing Bayscene Mobilehome Park, expressed interest in receIvmg information from staff regarding the rezoning of the mobilehome park. She stated that the park residents are worried about their future and would like to know about any resolution of the matter. Deputy Mayor McCann requested that staff notify Ms. Comans when the matter is addressed at a future Council Meeting and also provide her with'a status report. Emilia Perez, representing Bayscene Mobilehome Park, stated that the park residents are very worried about losing their homes. She asked the Council to assist them before the park is rezoned, and to do the right thing for the residents. PUBLIC HEARINGS Interim City Manager Thomson requested that the public hearing be cancelled, stating that the item would be brought back as an Action Item on a future agenda. 7. CONSIDERATION OF ADOPTION OF THE DRAFT FINAL OTAY RIVER WATERSHED MANAGEMENT PLAN (WMP) On April 15, 2003, the City entered into a joint exercise of powers agreement with the County of San Diego, the cities of Imperial Beach and San Diego, and the San Diego Unified Port District; and participated in the development of the Otay River Watershed Management Plan (WMP). The WMP is a document that characterizes the resources of the Otay River watershed and identifies implementing strategies to protect and enhance the water quality and biological resources. Adoption of the resolution adopts the final plan and allows the City and the other participants to pursue funding opportunities to implement the strategies identified. (Planning and Building Director) Staff recommendation: The hearing be cancelled. OTHER BUSINESS 8. CITY MANAGER'S REPORTS There were none. 9. MAYOR'S REPORTS A. Ratification of Mr. John Acosta to the Veterans Advisory Commission. ACTION: Deputy Mayor McCann asked that this item be continued to next week when Mayor Padilla would be present. Page 4 - Council Minutes http://www .chulavistaca.gov - " 1/---'+ November 14, 2006 DRAFT OTHER BUSINESS (Continued) B. Consideration of designation of voting delegate and alternate for National League of Cities Annual Business Meeting to be held Saturday, December 9, 2006 in Reno, Nevada. ACTION: Councilmember Rindone moved to authorize Councilmember-Elect Ramirez to attend the National League of Cities Annual Business Meeting on December 9, 2006, and, if he is unable to attend, to instruct staff to rescind the reservation. Councilmember Castaneda seconded the motion, and it carried 3-0. 10. COUNCIL COMMENTS Councilmember Rindone congratulated Emerald Randolph and members of the CAST Program on their recent annual recognition banquet. Councilmember Rindone spoke about staffs memo in response to a referral addressing concerns about staffing levels in the Fire Department. It indicated increased demands that have negatively affected the existing staffs ability to maintain adequate levels of service and that delays in Fire Prevention service that have impacted the entire building permit process. He suggested that as the budget process begins, additional staffing needs be reviewed, since service has a direct impact on the building permit process which, in turn impacts, the City's resources. Councilmember Rindone spoke about some discourse by community members concerning bus routes 7071709A. He stated that a study by the Metropolitan Transit System (MTS) has revealed that the productivity of passenger services for these routes was less than a third of what was anticipated. Therefore, MTS and the City transit staff would be making a recommendation to the MTS Board to change the routes from Mackenzie Creek and Mount Miguel segment to Main Street and Proctor Valley Road, effective January 29,2007. Deputy Mayor McCann extended his congratulations and heartfelt thanks to the CAST organization for assisting local families facing difficult situations. He also thanked Emerald Randolph, who was unable to attend the CAST awards banquet, and he asked everyone to keep Emerald in their thoughts and prayers. CLOSED SESSION Closed Session was not held, and the following item was not discussed. II. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One case Page 5 - Council Mioutes http://www.chulavistaca.gov JE-5 November 14, 2006 DRAFT ADJOURNMENT At 6:55 p.m. Deputy Mayor McCann adjourned the meeting to the Adjourned Regular Meeting of November 16, 2006 at 6:00 p.m., and thence to the Regular Meeting of November 21,2006 at 6:00 p.m. in the Council Chambers. ---- Lorraine Bennett, CMC, Deputy City Clerk Page 6 - Council Minutes http://www.chulavistaca.gov November 14, 2006 IE-('::' DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA November 21, 2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:15 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: Interim City Manager Thomson, Senior Assistant City Attorney Marshall, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO COUNCILMEMBER PATTY DAVIS, PROCLAIMING NOVEMBER 21, 2006 AS "PATTY DAVIS DAY" Mayor Padilla read the proclamation and, with the assistance of Councilmember Chavez, presented it to Councilmember Davis. Mayor Padilla made his departing office comments at this point. . DID YOU KNOW... ABOUT THE POLICE DEPARTMENT CRIME LAB? Presented by Bill Johnson, Crime Lab Manager. Crime Lab Manager Johnson, assisted by Forensics Specialist Wright and Administrative Services Manager Chew, provided the presentation. CONSENT CALENDAR (Items 1 through 12) Deputy Mayor McCann stated he would abstain on Item 7 due to the proximity of property he owns to the subject property. Councilmember Rindone asked that Item 6 be pulled for discussion. 1. APPROVAL OF MINUTES of August 8, 2006. Staff recommendation: Council approve the minutes. I F~i DRAFT CONSENT CALENDAR (continued) 2. WRITTEN CORRESPONDENCE Letter of Resignation from Steve Palma, member of the Commission on Aging. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. . 3. RESOLUTION NO. 2006-338, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED EVEN START GRANT AUGMENTATION FUND IN THE AMOUNT OF $5,833 FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA LITERACY TEAM'S EVEN START FAMILY LITERACY GRANT (4/5THS VOTE REQUIRED) The California Department of Education has advised the Library that its four-year Even Start grant in the amount of $166,667 has been augmented by $5,833 for Fiscal Year 2007. Adoption of the resolution appropriates the funds. (Assistant City Manager/Library Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2006-339, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED BILL AND MELINDA GATES FOUNDATION PUBLIC ACCESS HARDWARE UPGRADE PROGRAM (PAC HUG) IN THE AMOUNT OF $39,000 FOR THE REPLACEMENT OF PUBLIC ACCESS COMPUTERS PURCHASED FROM A PREVIOUS FOUNDATION GRANT (4/5THS VOTE REQUIRED) The Bill and Melinda Gates Foundation Public Access Hardware Upgrade Program (PAC HUG) has awarded the Chula Vista Public Library a one-time, unanticipated grant in the amount of $39,000 for the replacement of public access computers. Adoption of the resolution appropriates the funds. (Assistant City ManagerlLibrary Director) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2006-340, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED ONE-TIME GRANT REVENUE IN THE AMOUNT OF $57,807 FROM THE PUBLIC LIBRARY FUND FOR THE PURCHASE OF LIBRARY MATERIALS (4/5THS VOTE REQUIRED) The California State Library has notified the Library of a one-time augmentation to the Public Library Fund grant in the amount of $57,807. Adoption of the resolution appropriates the funds. (Assistant City Manager/Library Director) Staff recommendation: Council adopt the resolution. 6. This item was removed from the Consent Calendar for discussion. Page 2 - Council Minutes http://www .chulavistaca.gov November 21,2006 JF-;;L DRAFT 7. RESOLUTION NO. 2006-341, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT DEED OVER A PORTION OF CITY OWNED LAND TO SAN DIEGO GAS AND ELECTRIC COMPANY (SDG&E) FOR UTILITY AND ACCESS PURPOSES AS NECESSARY TO PROVIDE ELECTRICAL AND/OR GAS SERVICE TO THE BONITA BRANCH OF THE SAN DIEGO COUNTY LIBRARY AND THE BONITA MUSEUM Adoption of the resolution grants an easement over a portion of City-owned land to San Diego Gas and Electric Company for utility and access purposes as necessary to provide electrical and/or gas service to the Bonita branch of the San Diego County Library and the Bonita Museum. (Acting Engineering Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-342, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR CONSTRUCTION OF "HES TRAFFIC SIGNAL IMPROVEMENTS AT FOURTH AVENUE AND K STREET" (TF-341) TO LEKOS ELECTRIC, INC., AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) On October 4, 2006, the Engineering Department received two sealed bids to complete the traffic signal improvements at Fourth and K Streets. Lekos Electric, Inc. submitted the low bid of $232,702. Adoption of the resolutions accepts the bids, awards the contract to Lekos Electric, Inc., and appropriates $25,000 from the available balance of the traffic signal fund to complete the project. (Acting Engineering Director) Staff reeommendation: Council adopt the resolution. 9. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TITLE 6 "ANIMALS" TO ADD CHAPTER 6.30, ENTITLED ANIMAL SALES, AND SECTIONS 6.30.010 AND 6.30.020 (FIRST READING) Adoption of the ordinance makes it a misdemeanor to give away, offer for sale, or transfer any animal, bird, or reptile on public property or private property open to the public. (General Services Director) Staff recommendation: Council place the ordinance on first reading. 10. RESOLUTION NO. 2006-343, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF A WASTE TIRE ENFORCEMENT GRANT APPLICATION IN PARTNERSHIP WITH THE CITY OF SAN DIEGO - SOLID WASTE LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENTS REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSE OF SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE PURPOSES SPECIFIED IN THE GRANT Page 3 - Council Minutes http://www.chulavistaca.gov /F-3 November 21,2006 DRAFT CONSENT CALENDAR (continued) The City of San Diego is the lead agency for the Solid Waste Local Enforcement Agency (LEA) program in San Diego County. The cities of Chula Vista, Imperial Beach and National City are partnering with San Diego for the next grant cycle. (General Services Director) Staff recommendation: Council adopt the resolution. II. A. RESOLUTION NO. 344, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 POLICE DEPARTMENT PERSONNEL SERVICE BUDGET, ADDING UNCLASSIFIED POSITIONS, AND APPROPRIATING FUNDS THERFOR BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) B. 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 CALIFORNIA BORDER ALLIANCE GROUP (CBAG) - DIRECTOR OF SAN DIEGO LAW ENFORCEMENT COORDINATION CENTER (SD LECC), CBAG ADMINISTRATIVE ANALYST I AND CBAG ADMINISTRATIVE ANALYST II (FIRST READING) The California Border Alliance Group (CBAG) is requesting to add the positions of CBAG - Director of San Diego Law Enforcement Coordination Center (SD LECC) and CBAG Administrative Analyst I and II. All positions would be fully funded through the southwest high intensity drug trafficking area, with an additional 3% administrative fee paid to the City for the payroll and benefits administration. (Police Chief) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 12. RESOLUTION NO. 2006-345, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $11,215 FROM THE BUREAU OF JUSTICE ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE BULLETPROOF VEST PARTNERSHIP (4/5THS VOTE REQUIRED) The Police Department has received funding from the Bureau of Justice Assistance to pay for bulletproof vests through a Bulletproof Vest Partnership grant. The grant amount of $11,215 will pay for 50% of the cost of bulletproof vests, which will partially fund 21 vests. Matching funds are included in the Police budget. (Police Chief) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla offered Consent Calendar Items 1 through 5 and 7 through 12, headings read, texts waived. The motion carried 5-0, except for Item 7, which carried 4-0-1 with Deputy Mayor McCann abstaining. Page 4 - Council Minutes http://www.chulavistaca.gov November 21, 2006 I F-Lf DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH IRON MOUNTAIN INFORMATION MANAGEMENT, INC. FOR THE LONG-TERM STORAGE OF CITY RECORDS Adoption of the resolution approves a contract for the long-term storage and related records management services related to the City's inactive and permanent records. (City Clerk) Councilmember Rindone expressed concern that permanent records storage would not be provided in the former police facility, as previously planned; and he asked that the item be referred back to staff for additional research on alternatives and for a legal analysis to determine whether or not records are being kept when they are no longer needed. He asked that the report be brought back as soon as possible to that the Council had a better understanding of the process. ACTION: Councilmember Rindone moved to refer the item back to staff for further analysis. Councilmember Castaneda seconded the motion, and it carried 5-0. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 13. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP APPLICATION FILED BY VILLAS DEL MAR DEVELOPMENT, LLC AND KNOWN AS VILLAS DEL MAR, CHULA VISTA TRACT 04-06 FOR 10 SINGLE FAMILY RESIDENTIAL LOTS ON 2.06 ACRES ON THE WEST SIDE OF NORTH DEL MAR AVENUE BETWEEN C STREET AND BRISBANE AVENUE The project consists of the removal of an existing house and subdivision of the project site into 10 single-family residential lots, ranging in size from 5,805 to 8,657 square feet, and one common lot containing the private road and common landscaping areas. The average lot size is approximately 7,040 square feet. Adoption of the resolution approves the Mitigated Negative Declaration and Mitigation Monitoring Program IS-04-022, and approves the tentative subdivision map, Chula Vista Tract 04-06, in accordance with the findings and subject to the conditions contained in the resolution. (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. Planning and Building Director Sandoval introduced the item, and Associate Planner Jeff Steichen presented the staff report and responded to questions of the Council. Page 5 - Council Minutes http://www.chulavistaca.gov November 21,2006 I F-5 DRAFT PUBLIC HEARING (continued) Councilmember Chavez asked staff to review the walkability for children in relation to area schools. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Rindone offered Resolution No. 2006-346, heading read, text waived: RESOLUTION NO. 2006-346, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM IS-04-022, AND APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP FOR VILLAS DEL MAR, CHULA VISTA TRACT 04-06 - VILLAS DEL MAR DEVELOPMENT, LLC Councilmember Castaneda seconded the motion, and it carried 5-0. ACTION ITEMS 14. CONSIDERATION OF ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA C THERETO Otay Proj ect, LP has requested that the City conduct proceedings to consider the annexation of territory into Improvement Area C of Community Facilities District 97-2 (Preserve Maintenance District). The conditions of approval of the tentative map for Otay Ranch Village Two require that the annexation be a condition of the first final map for the project. The district funds the maintenance of areas that have been conveyed to the preserve in accordance with the Otay Ranch Resource Management Plan. The City has retained the services of MuniFinancial as special tax consultant and Best, Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. Adoption of the resolutions will initiate the formal proceedings to consider the annexation. (Acting Engineering Director) Senior Civil Engineer Salem stated that staff, the consultant, and the developer were present to answer questions. ACTION: Deputy Mayor McCann offered Resolution Nos. 2006-347 and 2006-348, headings read, texts waived: A. RESOLUTION NO. 2006-347, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP, ANNEXATION NO.6, SHOWING TERRITORY (OTAY RANCH VILLAGE TWO) PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA C Page 6 - Council Minutes http://www .chulavistaca.gov ) F-& November 21,2006 DRAFT ACTION ITEMS (continued) B. RESOLUTION NO. 2006-348, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION, ANNEXATION NO.6, OF TERRITORY (OTAY RANCH VILLAGE TWO) TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA C THERETO AND SETTING THE PUBLIC HEARING TO CONSIDER AUTHORIZATION OF SAID ANNEXATION The motion carried 5-0. 15. CONSIDERATION OF APPROVAL OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 13M (OTA Y RANCH VILLAGE TWO) Otay Project, LP has requested that the City conduct proceedings to consider the approval of the formation of Community Facilities District (CFD) 13M (Otay Ranch Village Two). The tentative map conditions of approval require that the CFD be formed prior to issuance of the first production home building permit. The district will fund the perpetual operation and maintenance of slopes, medians, parkways, trails, and storm water treatment facilities The City has retained the services of MuniFinancial as special tax consultant and Best, Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. Adoption of this resolution initiates the formal proceedings to consider the establishment ofCFD 13M. (Acting Engineering Director) Senior Civil Engineer Salem stated that staff, the consultant, and the developer were present to answer questions. ACTION: Deputy Mayor McCann offered Resolution Nos. 2006-348, 2006-350, and 2006- 351, headings read, texts waived: A. RESOLUTION NO. 2006-349, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A BOUNDARY MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO) B. RESOLUTION NO. 2006-350, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES AND SETTING THE PUBLIC HEARING TO CONSIDER THE ESTABLISHMENT OF THE PROPOSED DISTRICT Page 7 - Council Minutes http://www.chulavistaca.gov ) F- r; November 21, 2006 DRAFT ACTION ITEMS (continued) C. RESOLUTION NO. 2006-351, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A COMMUNITY FACILITIES DISTRICT REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 13M (OTA Y RANCH V.ILLAGE TWO) The motion carried 5-0. OTHER BUSINESS 16. CITY MANAGER'S REPORTS Interim City Manager Thomson reminded everyone that there would not be a meeting on Tuesday, November 28,2006. 17. MAYOR'S REPORTS A. Ratification of Mr. John Acosta to the Veterans Advisory Commission. (Continued from November 14,2006) B. Ratification of Ms. Rita Buencamino-Andrews to the Board of Appeals and Advisors ACTION: Mayor Padilla moved to ratifY the appointments of Mr. Acosta to the Veterans Advisory Commission and Ms. Buencarnino-Andrews to the Board of Appeals and Advisors. Councilmember Castaneda seconded the motion, and it carried 5-0. 18. .. COUNCIL COMMENTS Deputy Mayor McCann: A. A formal request for a review of performance and progress of the Chula Vista Redevelopment Corporation. Deputy Mayor McCann stated that since the Chula Vista Redevelopment Corporation (CVRC) is a new entity, breaking new territory, he would like to review what is and is not working to determine how to do the job better. He asked that staff provide an independent review in terms of performance and progress to see what the ultimate results of the corporation are and bring it back to the Council for review. Councilmember Rindone commented that it will be beneficial when the CVRC Executive Director position is filled and many of the issues of joint concern can be addressed. Councilmember Rindone referred to Mayor Padilla's departing office, stating that he enjoyed being a partner with the Mayor in trying to do the best for the City, and he cherished the Mayor's ability to articulate key issues on which the City must focus. Further, he said he looked forward to future assistance on key projects, and he concluded by thanking Mayor Padilla for his many years of dedication and service to the City. Page 8 - Council Minutes http://www.chulavistaca.gov November 21, 2006 I F- f: DRAFT OTHER BUSINESS (Continued) Councilmember Rindone: B. Request for Council concurrence to reopen the application process to accept applications for City Manager and extend the deadline for filing until December 5, 2006. ACTION: Councilmember Rindone then moved to reopen the application process for City Manager and extend the deadline for filing to December 5, 2006. Deputy Mayor McCann seconded the motion, and it carried 5-0. Deputy Mayor McCann thanked the Mayor for his service and wished him and his family the best, stating that he was looking forward to continuing their relationship. Councilmember Chavez spoke regarding recent articles about the sale of Paradise Valley Hospital in National City and asked staff to review the potential impact the salet may have on the Chula Vista. She then thanked the Mayor for his support, the opportunity to work with him, and his leadership, both as the Mayor and a citizen. She said he had made a permanent impact on the City. Councilmember Castaneda thanked the Mayor for the opportunity to work with him and stated he would be pleased to work with him again in the future. Futher, he commented that he the Mayor's actions were taken for the betterment of Chula Vista, and the City is clearly a better place because of his leadership. ADJOURNMENT At 7:32 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of December 5, 2006 at 4:00 p.m. in the Council Chambers. dfu~~~ Lori Anne Peoples, CMC, Senior Deputy City Clerk Page 9 - Council Minutes http://www .chulavistaca.gov I F'~ ~1 November 21,2006 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 5, 2006 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4: 13 p.m.3 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, City Clerk Bigelow, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG LED BY BL YSS, JOHNNY AND GRANT MCCANN; RAQUEL RAMIREZ; JACOB, MADELIN AND P AUL CHAVEZ, AND ASHLEIGH PADILLA NATIONAL ANTHEM PERFORMED BY JAMES PINKNEY INVOCATION BY THE REVEREND DR. RICHARD FREEMAN SPECIAL ORDERS OF THE DAY I. RESOLUTION NO. 2006-352, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 7, 2006 AND DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW The Registrar of Voters has transmitted the certified results of the Special Municipal Election held on November 7, 2006. Elections Code Section 15372 requires the City Clerk, as the elections official, to transmit the certified results to the Council. Elections Code Section 15400 requires the Council to declare the results of the election. The proposed resolution contains the official results as reported by the Registrar of Voters. (City Clerk) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla offered Resolution No. 2006-352, heading read, text waived. The motion carried 5-0. ! G~/ DRAFT COMMENTS BY DEPARTING ELECTED OFFICIALS: "* COMMENTS BY OUTGOING MAYOR STEPHEN C. PADILLA Mayor Padilla gave his outgoing comments, expressing his sincere thanks, appreciation and gratitude to the community and City staff for their support. H~ then gave special thanks to his daughter, Ashleigh Padilla, and his father, Don Wroe. "* COMMENTS BY OUTGOING COUNCILMEMBER PATTY CHAVEZ Councilmember Chavez gave her outgoing comments and thanked the community, City staff, colleagues and family for their support. OATHS OF OFFICE FOR RE-ELECTED AND NEWLY ELECTED OFFICIALS: "*OATH OF OFFICE FOR RECENTLY RE-ELECTED COUNCILMEMBER JOHN MCCANN TO BE ADMINISTERED BY MYSSIE MCCANN Myssie McCann administered the oath of office to Councilmember McCann, and City Clerk Bigelow presented him with the certificate of election. "* COMMENTS BY COUNCILMEMBER JOHN MCCANN Councilmember McCann thanked his family for their support. He then spoke about the City's accomplishments over the past four years and about moving forward with future plans for investment and a positive economic climate for the City. "* OATH OF OFFICE FOR NEWLY ELECTED COUNCILMEMBER RUDY RAMIREZ TO BE ADMINISTERED BY RODOLFO AND VIRGINIA RAMIREZ Rodolfo and Virginia Ramirez administered the oath of office to Councilmember Ramirez, and City Clerk Bigelow presented him with the certificate of election. "* COMMENTS BY COUNCILMEMBER RUDY RAMIREZ Councilmember Ramirez thanked his family for their guidance and support. He spoke about revamping the City's ethics ordinance and bringing forth a sensible lobbying registration proposal, addressing issues of the City budget, redevelopment, public safety, recruitment of a new City Manager, focusing on creating a work environment for City staff where excellence can flourish, and providing a destination of community benefits. Norbert Stein delivered a poem to the audience entitled "Happy Holidays". Page 2 - Council Minutes http://www .chuIavistaca.gov J (;;. - ~d'- December 5, 2006 DRAFT *OATH OF OFFICE FOR NEWLY ELECTED MAYOR CHERYL COX TO BE ADMINISTERED BY THE HONORABLE GREGORY R. COX The Honorable Gregory Cox administered the oath of office to Mayor Cox, and City Clerk Bigelow presented her with the certificate of election. * COMMENTS BY MAYOR CHERYL COX Mayor Cox thanked all Chula Vista Elementary School District staff and City staff. She also thanked and recognized her campaign staff and the many contributions by former Councilmembers. She congratulated newly elected and re-elected Councilmembers Ramirez and McCann. Lastly, she thanked her family for their support. RECESS FOR RECEPTION AND THENCE TO A CLOSED SESSION OF THE NEWLY CONSTITUTED COUNCIL At 5:10 p.m., Mayor Cox declared a recess for the reception and announced that the newly constituted Council would convene for Closed Session at 5:45 p.m. to consider the following: 2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAURELEASE PURSUANT TO GOVERNMENT CODE SECTION 54957 At 6:06 p.m., Mayor Cox reconvened the meeting. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow, and Deputy City Clerk Bennett ACTION: Mayor Cox reported that in Closed Session, the incumbent in the position of Intergovernmental Affairs Coordinator in the Department of Mayor and Council was removed from office pursuant to the provisions in Charter section 500(b). CONSENT CALENDAR (Items 3 through 11) With regard to Item II, Councilmember Rindone asked staff for a response to additional information he had previously requested on this item. Police Chief Emerson explained that comparables were added in the report that included costs per meal per inmate. Councilmember Rindone stated that he believed that there would also be comparables available from the school district. Chief Emerson replied that the Sweetwater School District reported that they produce about 4 million meals per year, based upon the number of students and school days, at an approximate cost of $2 per meal. He stated that the Police Department would be producing a maximum of 30,000 meals that would be delivered by a private vendor, while Sweetwater utilizes its own in-house staff. Chief Emerson believed that the proposed staff recommendation was appropriate and gave the best price point possible. Page 3 - Council Minutes http://www .chulavistaca.gov C-3 \..~J December 5, 2006 DRAFT CONSENT CALENDAR (Continued) Councilmember Castaneda stated that he would abstain from voting on Item 11, since he owns property within 500 feet of the Police Department facility. Regarding Item 11, Councilmember Ramirez commented that progress has been made to pay for the Police Department holding facility and asked what could be expected in the years to come. Police Chief Emerson replied that the City has entered into a contract with the State of Cali fomi a to open up 50% of the City's jail capacity to a program run by state parole for an education component for non-violent offenders, primarily drug offenders from the region, that would generate revenues of $600,000 per year. A target date of December 15, 2006 is set to commence with the program. The remaining 50% jail capacity would accommodate local arrests and bookings of offenders. Councilmember Ramirez asked if the City has abandoned any ideas to achieve the projected revenues. Chief Emerson responded that the City is on point to bring in $802,000 of the projected $989,000 for fiscal year 2006/2007. Councilmember Ramirez stated that he would be interested in seeing the revenues continue and would like to meet with staff to discuss the matter. 3. ORDINANCE NO. 2006-3051, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A REZONE (PCZ-06-04) FROM S90 ZONE TO CENTRAL COMMERCIAL PRECISE PLAN (CC-P) ZONE AND ESTABLISHING A PRECISE PLAN MODIFYING STANDARD FOR A 3.6 ACRE PORTION OF A 5.5 ACRE SITE LOCATED AT 912-944 THIRD AVENUE Adoption of the ordinance approves a rezone and establishes a precise plan, modifying standard for 3.6 acres of a 5.5-acre site located at 912-944 Third Avenue. This ordinance was introduced on November 16, 2006. (Acting Community Development Director) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE NO. 2006-3052, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TITLE 6 "ANIMALS" TO ADD CHAPTER 6.30 ENTITLED ANIMAL SALES, AND SECTIONS 6.30.010 Adoption of the ordinance makes it a misdemeanor to give away, offer for sale, or transfer any animal, bird, or reptile on public property or private property open to the public. This ordinance was introduced on November 21, 2006. (General Services Director) Staff recommendation: Council adopt the ordinance. 5. ORDINANCE NO. 2006-3053, 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 CALIFORNIA BORDER ALLIANCE GROUP (CBAG) - DIRECTOR OF SAN DIEGO LAW ENFORCEMENT COORDINATION CENTER (SD LECC), CBAG ADMINISTRATNE ANALYST I AND CBAG ADMINISTRATNE ANALYST II Page 4 - Council Minutes http://www .chulavistaca.gov I G--4 December 5, 2006 DRAFT CONSENT CALENDAR (Continued) Adoption of this ordinance adds the positions of CBAG - Director of San Diego Law Enforcement Coordination Center (SD LECC), and CBAG Administrative Analyst I and II. AIl positions are fully funded through the southwest high intensity drug trafficking area, with an additional 3 % administrative fee paid to the City for the payroll and benefits administration. This ordinance was introduced on Nove';I1ber 21,2006. (police Chief) Staff recommendation: Council adopt the ordinance. 6. RESOLUTION NO. 2006-353, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR EDUCATIONAL AND TRAINING SERVICES WITH SOUTHWESTERN COMMUNITY COLLEGE DISTRICT, AND APPROPRIATING FUNDS TO THE FIRE DEPARTMENT PERSONNEL SERVICES BUDGET IN THE AMOUNT OF $15,000 BASED ON UNANTICIPATED REVENUE The City has negotiated an agreement with the Southwestern Community College District for educational and training services in an effort to continue to meet the training requirements of the City ofChula Vista Fire Department. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2006-354, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING VARIOUS DONATIONS IN THE AMOUNT OF $4,767 TO THE ANIMAL CARE FACILITY AND APPROPRIATING SAID DONATED FUNDS The Animal Care Facility (ACF) has received donations totaling $4,767 from various donors from July through October 2006. Adoption of the resolution will allow the donations to be used to purchase medical and laboratory supplies as needed to provide veterinary care. (General Services Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-355, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2007 The Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document, and that the employer adopt the plan document annually. Adoption of the resolution fulfills this requirement. (Human Resources Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2006-356, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO TRANSFER APPROPRIATIONS BUDGETED FOR THE FISCAL YEAR 2005 STATE HOMELAND SECURITY GRANT PROGRAM TO THE PROPER EXPENDITURE CATEGORIES IN ORDER TO MAKE REQUIRED PURCHASES AND FULFILL GRANT REQUIREMENTS Page 5 - Council Mioutes http://www.chulavistaca.gov 1(;--5 December 5, 2006 DRAFT CONSENT CALENDAR (Continued) Adoption of the resolution transfers budgeted appropriations from the personnel services category to the supplies and services and equipment expenditure categories within the Information Technology Services Department budget. The transfers are required in order to make necessary purchases and fulfill grant requirements. (Information Technology Services Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2006-357, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; TERRY A. HAYES ASSOCIATES, LLC., CONSULTANT; AND CV-42 INVESTMENTS, LLC., APPLICANT, RELATED TO PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE RIVERWALK SECTIONAL PLANNING AREA (SPA) PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The applicant, CV -42 Investments, LLC., has filed an application for the Riverwalk project. The Environmental Review Coordinator has determined that the proposed project requires the preparation of an Environmental Impact Report (EIR). Adoption of the resolution approves an applicant-funded consultant contract with Terry A. Hayes Associates, LLC. for an amount not to exceed $182,615 for the Riverwalk EIR. (planning and Building Director) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2006-358, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS AND AWARDING THE FOOD PREPARATION AND DELIVERY SERVICES AGREEMENT TO PEARTREES CATERING INCORPORATED, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Police and Purchasing Departments have completed an evaluation of proposals received for food preparation and delivery services (RFP 1-06/07-R) for the Police Department's holding facility. Adoption of the resolution accepts proposals, awards the agreement to Peartrees Catering Incorporated, and authorizes the Mayor to execute the agreement. (Police Chief) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Castaneda moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. Deputy Mayor McCann seconded the motion, and it carried 5-0, except on Item II, which carried 4-0-1, with Councilmember Castaneda abstaining since he owns property within 500 feet of the Police Department facility. Page 6 ' Council Mioutes http://www.chulavistaca.gov "'"" / I C:r-tp December 5, 2006 DRAFT ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Elroy Kihano expressed concern about excessive speeding and racing on City streets, particularly in the areas of East Palomar and Olympic Parkway. He was hopeful the Council would look into the matter and said that residents viewing the meeting via video streaming would also contact the City to express their concerns in the hopes of alleviating the problem. Jackie Lancaster spoke on behalf of Barbara Nunnely and the Jade Bay Mobilehome Park residents, reporting on the bankruptcy hearing held on November 29. She said that the Judge had insulted the City and nitpicked the applicable Municipal Code sections. She reported that the park residents would get approximately 15% depreciation value for their homes. Ms. Lancaster distributed a list of urgent needs of the current residents that included packing materials, vouchers, and moving assistance, and, foremost, an affordable place to live that would be close to amenities. She stated that all 38 residents would be without homes in April 2007. She asked how soon help would be made available to the residents and what was holding up information from the City as to how it can help. She was hopeful that the City would waste no time in lending assistance. Steve Molski offered his assistance with any matters related to the mobilehome issues. ACTION ITEMS 12. CONSIDERATION OF PROPOSALS RELATED TO STAFFING IN THE DEPARTMENT OF MAYOR AND COUNCIL AND OF AMENDMENTS TO THE MUNICIPAL CODE RELATED TO THE APPOINTING AUTHORITY FOR POSITIONS ESTABLISHED IN THE DEPARTMENT OF MAYOR AND COUNCIL The proposed Council actions involve staffing issues in the Department of Mayor and Council. Items A through C relate to a proposal by Mayor-elect Cox to redesign positions by designating these positions as Legislative Assistants I, II, and III, to serve at the will of the Mayor. The proposed positions would have broader job specifications than the current positions in order to allow greater flexibility in staffing the Department to better meet the needs of the City. The proposal involves the elimination of three positions currently authorized in the Department's budget. The redesigned positions would be funded through cost savings from the eliminated positions; no additional appropriations would be required. Item D is an ordinance to clarify that the Mayor is the appointing authority for positions established in the Department of Mayor and Council unless otherwise provided by City Charter or designated by the Council. Item D further provides that the appointing authority for the Council Assistants and Senior Council Assistants would be delegated to the individual Councilmembers served by them. (City Attorney/Mayor-elect) Page 7 - Council Minutes http://www.chulavistaca.gov ! ~ --? r .- (' i cr December 5,2006 DRAFT ACTION ITEMS (continued) Recommendation: Mayor-elect Cox recommends Council place the ordinances in Items A and B on first reading and adopt the resolution contained in Item C; and the City Attorney recommends that the Council place the ordinance in Item D on first reading. Deputy City Attorney Dawson presented a legal analysis of the I?roposals. Councilmember Rindone stated that he had no concerns with Item D, which stated what has been in practice. Regarding Items A, B and C, he believed any resulting savings should be returned to the general fund and not reallocated to staff in the Mayor and Council Office. Councilmember Ramirez stated that Item D was appropriate and would codify existing practice. He expressed concern with disparity and reporting authority to the Mayor rather than the remainder of the Council. He was hopeful that his colleagues would consider the implications and history and make appropriate decisions. Councilmember Castaneda spoke in support of Item D and said he would like further public discussion and further budget reductions, and to look at the needs of all officeholders. He stated that he would like to schedule a holistic discussion as soon as possible to discuss how the Mayor and Council can do the best job for the citizens. Deputy Mayor McCann stated that his concerns were primarily budget related and pointed out that two of the three proposed positions have salary ranges higher than the prior positions. He spoke of the need to look at the matter comprehensively, and he believed that Councilmernbers should have individual flexibility and be accountable for their own budgets. He spoke in support of Item D. He asked Interim City Manager Thomson about the policy for staff salaries, equity adjustments, and special merit increases. Interim City Manager Thomson explained the method. Deputy Mayor McCann expressed the need to review the Mayor/Council budget and make decisions equitable for all Councilmembers. Councilmember Ramirez believed that the real issue was the distribution of resources and where the appointing authority lies. Peter Watry opposed the allocation of resources, stating that governmental decisions needed to be made by the Council as a whole. He urged the Council to re-allocate resources so the part- time members have the opportunity to have the same knowledge as the Mayor without spending any more money. Mayor Cox requested to withdraw Items A, B and C, pending further discussions by the Council. ACTION: It was the consensus of the Council to withdraw Items A, B and C for future discussion. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 2.05.010 TO ADD THE POSITIONS OF LEGISLATIVE ASSISTANT I, LEGISLATIVE ASSISTANT II, AND LEGISLATIVE ASSISTANT III IN THE DEPARTMENT OF MAYOR AND COUNCIL AND THE ALREADY ESTABLISHED POSITION OF COUNCIL ASSISTANT TO THE LIST OF APPROVED UNCLASSIFIED POSITIONS IN THE CITY (4/5THS VOTE REQUIRED - FIRST READING) Page 8 - Council Minutes http://www.chulavistaca.gov December 5, 2006 I C;:.- DRAFT ACTION ITEMS (continued) ACTION: B. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING ORDINANCE NUMBER 3042 DESIGNATING THE APPOINTING AUTHORITY FOR THE POSITION OF INTERGOVERNMENTAL AFFAIRS COORDINATOR AS THE MAYOR AND COUNCIL COLLECTIVELY (FIRST READING) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) ELIMINATING THE POSITIONS OF INTERGOVERNMENTAL AFFAIRS COORDINATOR, CONSTITUENT SERVICES MANAGER, AND COASTAL/ENVIRONMENTAL POLICY CONSULTANT FROM THE AUTHORIZED POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL'S FISCAL YEAR 2007 BUDGET; (2) AUTHORIZING ONE LEGISLATIVE ASSISTANT III POSITION AND TWO LEGISLATIVE ASSISTANT II POSITIONS WITHIN THE DEPARTMENT OF MAYOR AND COUNCIL'S EXISTING FISCAL YEAR 2007 BUDGET; AND (3) ESTABLISHING THE COMPENSATION FOR THE LEGISLATIVE ASSISTANT I, II, AND III POSITIONS C. Deputy Mayor McCann moved to place the following ordinance on first reading, heading read, text waived: D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 2.03.020 TO DESIGNATE THE APPOINTING AUTHORITY FOR COUNCIL ASSISTANTS, SENIOR COUNCIL ASSISTANTS AND OTHER POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL (FIRST READING) Councihnember Castaneda seconded the motion, and it carried 5-0. OTHER BUSINESS 13. CITY MANAGER'S REPORTS Interim City Manager Thomson announced that a joint City CouncillPort District workshop was scheduled for January 18, 2007, at 4:00 p.m. in the Council Chambers, to discuss the South Bay Power Plan. He then suggested that the Council consider canceling the January 4, 2007 workshop in lieu of the joint workshop. ACTION: It was the consensus of the Council to cancel the January 4,2007. 14. MAYOR'S REPORTS Mayor Cox presented her lO-point action plan, as follows: Page 9 - Council Mioutes http://www.chulavistaca.gov I c;;-q Decemher 5, 2006 DRAFT OTHER BUSINESS (Continued) 1. An independent financial review of the City's finances, to first put the City's fmancial house in order, to accomplish the many projects that lie ahead and achieve our goals for our community. 2. Hiring a permanent City Manager, with the hope that the Council will conduct interviews in early to mid-January 2007. 3. Request to staff to provide a report calendar to the City Council to make the Council formally apprised of the work in which staff is engaged and when to anticipate updates and reports. 4. "Development" and "Redevelopment". Regarding development, Chula Vista could be in a situation in which perhaps the only thing worse than too much growth is too little growth. We must choose to do the hard work and ask the hard questions, for only then will we be able best to focus our collective energies and skill. City revenues partially depend upon increasing home values and home sales, which drive up property tax revenues. If property values and sales decline, the ability to payoff substantial City-issued bonds can be at risk. In short, the City Council must review the City's fmancial contingency plans, based upon levels of new homes and commercial/ industrial activities, if it is to think strategically in terms of contingency for the proverbial rainy day, and to know how the cycle of growth and bonding ends. This means asking that each department's operating budget be scrutinized in order to create additional capital improvement dollars for needed infrastructure, such as improving the condition of streets and roads throughout the City. 5. Redevelopment, when properly accomplished, enjoys increased citizen participation in decision-making, a commitment to downtown revitalization, and an emphasis on improving the quality of life. It allows, and encourages people to seek a sense of community, of belonging, and of history. A proposal of a short breathing period in which our City Council seeks to involve a person or persons with no certain stake, investment, or future intent of investment in our historic downtown, in looking at our City's Urban Core Specific Plan from the viewpoint of marketability. 6. Give some thought to hosting five or six non-political, wholly informative, "lectures," to help us all understand the complex terminology and factors related to how California cities finance themselves. Guest speakers would discuss a topic specific to municipal finance, one that could be "played" in any California incorporated city-addressing, for example, "tax increment financing," "development impact fees," and "community maintenance agreements." If this outreach is successful, then staff, elected officials, businesspeople, and residents will have a common, and better understanding of the framework for open and honest discussions that are part of people working together on their City's future. Page lO - Council Minutes http://www .chulavistaca.gov .'~' ! ~"-', j'-.c-"JU ;\,.;) December 5, 2006 DRAFT OTHER BUSINESS (Continued) 7. The opening of H Street to San Diego Bay is a must if we are to provide our residents with visual and physical access to the Bayfront. We are well positioned to enter into the next level of formal discussions with Gaylord. If negotiated well, this project can bring not only visitors to our community, but can allow Chula Vistans to explore this resort ourselves as we dine in its restaurants and stroll through the shops. Our residents have been denied access to the Bayfront for too long. It is time that the people of Chula Vista be able to enjoy a waterfront walk and time with their families in a phenomenal indoor and outdoor setting. 8. Locating a complete University of California campus within our University Park might be out of reach for now; however, attracting a UC school, such as a School of Engineering, Pharmacology or a Veterinary Science School, to Chula Vista can be great boosts to educational opportunity in the area. 9. SR-125, we hope, will alleviate the syndrome in which traffic, like water, follows the path of least resistance. We hope that when the South Bay Expressway opens in June that many of our residents actively use the Tollway instead of city streets. 10. Good commercial investment adds additional sales tax revenue to City coffers. It makes possible public access and the filling of community needs. New projects such as the Eastern Urban Center, the car dealerships on Otay Valley Road, and the Otay Ranch Mall are encouraging. Sales tax dollars from these businesses and from long-established and other new businesses throughout the City are used to support needed City services. Mayor Cox spoke of the need to work together to spend taxpayer dollars wisely, and within the confines of a balanced budget, one in which we do not spend more than we bring in; and to conduct the public's business in public to the extent that the law allows, in a respectful, honest way. Fulfilling a vision is not the work of one person, but of many. She asked for patience, thoughtful insights, and understanding by the public as the Council works to serve Chula Vista in the coming months. 15. COUNCIL COMMENTS Councilmember Rindone congratulated Mayor Cox and Councilmembers McCann and Ramirez on their elections. He congratulated the Mayor on the articulation of her ten goals, and pledged to work collectively to accomplish them. He stated that he would like to call a timely meeting to determine the number of qualified candidates for City Manager and to perhaps even consider a Saturday meeting to accomplish this. Councilmember Rindone referred to a memo from staff addressing the elimination of the Taste of the Arts Festival and requested that staff calendar the matter to come back to the Council for discussion. Page II - Council Minutes http://www.chulavistaca.gov Decemher 5,2006 ;:::'-// DRAFT OTHER BUSINESS (Continued) Deputy Mayor McCann welcomed and congratulated Mayor Cox and Councilmember Ramirez, and thanked and looked forward to continued work with Councilmembers Rindone and Castaneda. He expressed the importance of moving forward with the process of hiring a City Manager. With reference to point 5 of the Mayor's action plan, the RedevelopmentlUrban Core Specific Plan, he asked whether that delay would hurt businesses that have signed Exclusive Negotiating Agreements (ENA's) with the City to develop portions of the urban area. He expressed the need to ensure that the five ENA's were not put in jeopardy. On the matter of the Chargers, he stated that a request for a study of a proposed Chargers stadium would be coming before the Council in the few weeks. Councilmember Ramirez stated that he would make himself available to discuss the hiring of a City Manager, as well as staffing issues in the Department of the Mayor and Council. Regarding redevelopment, he spoke of the need for collective ideas to address community characte, and to perhaps explore the idea of creating a scaled model of the urban core so that people could get a better understanding of the concept. Councilmember Castaneda congratulated his three colleagues and pledged his support of the Mayor's action plan. He commended Deputy Mayor McCann for representing the City on discussions with the Chargers. ADJOURNMENT At 8:03 p.m., Mayor Cox adjourned the meeting to the Regular Meeting on December 12, 2006 at 6:00 p.m. in the Council Chambers. ~ Lorraine Bennett, CMC, Deputy City Clerk Page 12 - Council Minutes http://www.chulavistaca.gov IG -Id'~ December 5, 2006 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA December 12,2006 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone and Mayor Cox ABSENT: Councilmembers: None ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk Bigelow, and Senior Deputy City Clerk Peoples PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY ACTING COMMUNITY DEVELOPMENT DIRECTOR HIX, OF EMPLOYEE OF THE MONTH, ANGELICA DAVIS, COMMUNITY DEVELOPMENT SPECIALIST Acting Community Development Director Hix introduced employee of the month, Angelica Davis. Mayor Cox read the proclamation, and Deputy Mayor McCann presented it to Ms. Davis. . OATHS OF OFFICE John Acosta to the Veterans Advisory Commission Rita Buencamino-Andrews to the Board of Appeals and Advisors City Clerk Bigelow administered the oath to Mr. Acosta, and Deputy Mayor McCann presented him with a certificate of appointment. Ms. Buencamino-Andrews was not present at the meeting. . PRESENTATION OF THE 35TH ANNUAL BOTTERMAN AWARD TO MR. GARY SAUER BY THE CHULA VISTA HUMAN RELATIONS COMMISSION Mayor Cox explained that this item would be continued to the meeting of December 19, 2006. . DID YOU KNOW... ABOUT ECONOMIC DEVELOPMENT'S BUSINESS ATTRACTION AND RECRUITMENT STRATEGY? Presented by Dennis Stone, Economic Development Manager. I H-I DRAFT SPECIAL ORDERS OF THE DAY (continued) Economic Development Manager Stone introduced Principal Community Development Specialist Ruiz, who presented the Economic Development Department's business attraction and recruitment strategy. Interim City Manager Thomson acknowledged Assistant Director of Engineering Leah Browder for her exceptional performance as Acting Engineering Director during the Engineering Director recruitment period. He then introduced the new Engineering Director, Scott Tulloch. CONSENT CALENDAR (Items 1 through 14) Mayor Cox noted that Councilmembers Castaneda and Rindone would abstain on Item 7, as they have property holdings within 500 feet of the boundaries of the property/study area; Councilmember Castaneda would abstain on Item 8 due to having property holdings within 500 feet of the boundaries of the Y. mile buffer zone around both Chula Vista Hills and Vista Square Elementary Schools; Councilmember Ramirez would abstain on Item 9, as he has property holdings within 500 feet of the boundaries of the Y. mile buffer zone around both Lauderbach and Montgomery Elementary Schools, and she would abstain on Item 10, as she has property holdings within 500 feet of the boundaries of the Y. mile buffer zone around Halecrest Elementary School. 1. WRITTEN COMMUNICATIONS A. Resignation from Cheryl Cox, member of the Charter Review Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. B. Letter of resignation from Norma Toothman, member of the Charter Review Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 2. Ordinance No. 3054, ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE SECTION 2.03.020 TO DESIGNATE THE APPOINTING AUTHORITY FOR COUNCIL ASSISTANTS, SENIOR COUNCIL ASSISTANTS AND OTHER POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL (SECOND READING) Adoption of the ordinance designates the appointing authority for Council Assistants, Senior Council Assistants and other positions in the department of Mayor and Council. This ordinance was introduced on December 5, 2006. (City Attorney/Mayor) Staff recommendation: Council adopt the ordinance. Page 2 - Council Minutes http://www .chulavistaca.gov December 12, 2006 ! H-?r- DRAFT CONSENT CALENDAR (continued) 3. RESOLUTION NO. 2006-359, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) ACCEPTING $9,500,000 OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 108 LOAN FUNDS AND APPROPRlATING SAID FUNDS TO MULTIPLE CAPITAL IMPROVEMENT PROJECTS (STL303, STL304, STU05 AND STL306); AND 2) AUTHORlZING THE CITY MANAGER TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS, AGREEMENTS AND AMENDMENTS (4/5THS VOTE REQUIRED) In September 2006, the Department of Housing and Urban Development (HUD) approved a $9.5 million loan for use in the completion of a capital improvement project in the Castle Park area. Subsequent to the approval of a $9.5 million HUD Section 108 loan, the City must execute the necessary loan documents. Adoption of the resolution authorizes the City Manager to execute said documents, which will provide funding for the First Avenue (Palomar to Naples), Glenhaven Way, Oxford Street (Third to Alpine) and Castle Park street improvement projects. (Acting Community Development Director) Staff recommendation: Council adopt the resolution. 4. A. RESOLUTION NO. 2006-360, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRlATING $376,700 FOR FISCAL YEAR 2007 TO THE ENERGY CONSERVATION FUND FOR THE SAN DIEGO GAS AND ELECTRlC (SDG&E) ENERGY PARTNERSHIP GRANT PROGRAM (4/5THS VOTE REQUIRED) B. RESOLUTION NO. 2006-361, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE 2006 APPROPRIATION TO PROVIDE ENERGY EFFICIENCY SERVICES FOR COMMERCIAL AND RESIDENTIAL FACILITIES THROUGH DECEMBER 31, 2008 (4/5THS VOTE REQUIRED) On September 19, 2006, the Council accepted the grant and appropriated funding for the 2006 calendar year of the San Diego Gas and Electric (SDG&E) partnership program to the 2007 Fiscal Year. Approval of this $376,700 appropriation enables the City to continue the partnership with SDG&E, residents and local businesses to reduce the amount of gas therms and electricity kilowatts consumed by the public. The total grant provides $2,193,225 over a three-year period ending December 31, 2008. (Conservation and Environmental Services Director) Staff recommendation: Council adopt the resolution. 5. ORDINANCE OF THE CITY OF CHULA VISTA INCREASING THE SPEED LIMIT ON OLYMPIC PARKWAY BETWEEN THE INTERSTATE 805 NORTHBOUND RAMPS AND BRANDYWINE A VENUE FROM 35 MPH TO 45 MPH (FIRST READING) Page 3 - Council Minutes http://www.chu1avistaca.gov Iii r, } ,;-f..- .....j i ij ~ December 12, 2006 DRAFT CONSENT CALENDAR (continued) Adoption of the ordinance establishes the speed limit based on the results of a speed survey and pursuant to the authority under Municipal Code Section 10.48.020. (Engineering Director) Staff recommendation: Council place the ordinance on first reading. 6. RESOLUTION NO. 2006-362, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP AND ASSOCIATED AGREEMENTS FOR CHULA VISTA TRACT NO. 01-11, OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-18; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTS; ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST GRANTED ON SAID MAP; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE VARIOUS PUBLIC EASEMENTS AS GRANTED ON SAID MAP; AND VACATING CERTAIN UNNEEDED EASEMENTS Adoption of the resolution approves the final map and associated agreements for Neighborhood R-18, a subdivision of Otay Ranch Village 11. Neighborhood R-18 will consist of a 112-unit residential condominium lot and one open space lot. (Engineering Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2006-363, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE CALTRANS STATEWIDE TRANSIT PLANNING STUDIES GRANT PROGRAM FOR FUNDS TO CONDUCT A TRANSIT SHUTTLE FEASIBILITY STUDY; AUTHORIZING ACCEPTANCE OF THE FUNDS IF GRANTED; AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS IN THE FORM OF IN-KIND SERVICES Grant funding would support a series of studies to determine how best to connect residential and commercial areas with local and regional transit services and future bus rapid transit services. (Engineering Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2006-364, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE CALTRANS COMMUNITY-BASED TRANSPORTATION PLANNING GRANT PROGRAM FOR FUNDS TO ASSESS CITY INFRASTRUCTURE NEAR CHULA VISTA HILLS AND VISTA SQUARE ELEMENTARY SCHOOLS; AUTHORIZING ACCEPTANCE OF THE FUNDS IF GRANTED, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS Page 4 - Council Minutes http://www .chulavistaca.gov December 12,2006 /' J-t - LJ J lIT DRAFT CONSENT CALENDAR (continued) The City has undertaken an effort to create a master infrastructure management program to inventory, assess, and prioritize the City's missing infrastructure. Grant funding would support the City in working with the South Bay Partnership to enhance the community input phase of this effort and support critical planning activities, such as community- based walking audits centered around the City's 37 public elementary schools. (Engineering Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION NO. 2006-365, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE CALTRANS COMMUNITY-BASED TRANSPORTATION PLANNING GRANT PROGRAM FOR FUNDS TO ASSESS CITY INFRASTRUCTURE NEAR LAUDERBACH AND MONTGOMERY ELEMENTARY SCHOOLS; AUTHORIZING ACCEPTANCE OF THE FUNDS IF GRANTED, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS The City has undertaken an effort to create a master infrastructure management program to inventory, assess, and prioritize the City's missing infrastructure. Grant funding would support the City in working with the South Bay Partnership to enhance the community input phase of this effort and support critical planning activities, such as community- based walking audits centered around the City's 37 public elementary schools. (Engineering Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2006-366, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE CALTRANS COMMUNITY-BASED TRANSPORTATION PLANNING GRANT PROGRAM FOR FUNDS TO ASSESS CITY INFRASTRUCTURE NEAR HALECREST ELEMENTARY SCHOOL; AUTHORIZING ACCEPTANCE OF THE FUNDS IF GRANTED, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS The City has undertaken an effort to create a master infrastructure management program to inventory, assess, and prioritize the City's missing infrastructure. Grant funding would support the City in working with the South Bay Partnership to enhance the community input phase of this effort and support critical planning activities, such as community- based walking audits centered around the City's 37 public elementary schools. (Engineering Director) Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes http://www .chulavistaca.gov Decemher 12, 2006 / H-5 DRAFT CONSENT CALENDAR (continued) 11. RESOLUTION NO. 2006-367, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF A GRANT APPLICATION TO THE CALTRANS COMMUNITY-BASED TRANSPORTATION PLANNING GRANT PROGRAM FOR FUNDS TO ASSESS CITY INFRASTRUCTURE NEAR PUBLIC ELEMENTARY SCHOOLS; AUTHORIZING ACCEPTANCE OF THE FUNDS IF GRANTED, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS The City has undertaken an effort to create a master infrastructure management program to inventory, assess, and prioritize the City's missing infrastructure. Grant funding would support the City in working with the South Bay Partnership to enhance the community input phase of this effort and support critical planning activities, such as community- based walking audits centered around the City's 37 public elementary schools. (Engineering Director) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2006-368, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $3,900 FROM THE SAN DIEGO COUNTY LAW ENFORCEMENT FOUNDATION AND APPROPRIATING $3,900 TO THE FISCAL YEAR 2007 POLICE DEPARTMENT SUPPLIES AND SERVICE BUDGET BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) The Police Department has been awarded a $3,900 grant from the San Diego County Law Enforcement Foundation. Adoption of this resolution accepts the grant and appropriates the funds to purchase a new Prolaser hand-held speed device. (Police Chief) Staff recommendation: Council adopt the resolution. 13. RESOLUTION NO. 2006-369, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $83,219 FROM THE OFFICE OF EMERGENCY SERVICES AND APPROPRIATING FUNDS THEREFOR, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES; AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT (4/5THS VOTE REQUIRED) The Police Department and South Bay Community Services have been working in partnership for the past 10 years providing domestic violence services to the community. Adoption of the resolution accepts a grant from the Office of Emergency Services to fund the Domestic Violence Response Team program and approve the agreement to provide services for domestic violence cases. (Police Chief) Staff recommendation: Council adopt the resolution. Page 6 - Council Minutes http://www.chulavistaca.gov December 12,2006 I H- to DRAFT CONSENT CALENDAR (continued) 14. RESOLUTION NO. 2006-370, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE METROPOLITAN TRANSIT SYSTEM (MTS) AND THE CITY OF CHULA VISTA FOR THE REGIONAL TELEPHONE INFORMATION SYSTEM (RTIS) Adoption of the resolution maintains Chula Vista Transit's (CVT) participation in the Regional Telephone Information System (RTIS) via agreement. The service provides riders and persons throughout the region with telephone and online schedule information both on CVT and on all fixed-route transit systems operating in the County. This agreement for Fiscal Year 2006/2007 continues CVT's participation at a cost of $54,713.80 and includes automatic annual renewals through Fiscal Year 2010-2011 at a three percent annual cost increase. (Public Works Operations Director) Staff recommendation: Council adopt the resolution. ACTION: Councilmember Rindone offered the Consent Calendar, headings read, texts waived. Councilmember Castaneda seconded the motion, and it carried 5-0, except for Item 7, which carried 3-0-2 with Councilmembers Castaneda and Rindone abstaining; Item 8, which carried 4-0-1 with Councilmember Castaneda abstaining; Item 9, which carried 4-0-1 with Counclimember Ramirez abstaining, and Item 10, which carried 4-0-1 with Mayor Cox abstaining. On Item 3, Councilmember Castaneda asked staff to review parkway maintenance issue.s. On Items 9 and II, Councilmember Castaneda requested that the Council be provided potential grant applications for review and comment well before their due dates. On Item 13, Mayor Cox suggested that the Police Chief and the Director of South Bay Community Services provide additional information to Councilmember Ramirez regarding domestic violence programs, and Councilmember Castaneda asked that the number of no-bid contracts be reduced. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS There were none. PUBLIC HEARINGS 15. CONSIDERATION OF PUBLIC INPUT ON THE 2007/2008 FEDERAL GRANT FUNDING PRIORITIES AND APPROVAL OF THE 2005/2006 YEAR END REPORTING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, THE HOME INVESTMENT PARTNERSHIP PROGRAM, AND THE EMERGENCY SHELTER GRANT PROGRAM (ESG) Page 7 - Council Minutes http://www.chulavistaca.gov IH-r; December 12, 2006 DRAFT PUBLIC HEARINGS (continued) The purpose of the public hearing is to meet the City's requirement to hold a minimum of two public hearings to allow for adequate citizen participation in the allocation of federal grant funds. This item also provides a year-end report on the City's grant administration performance for the program year 2005/2006. (Acting Community Development 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 Cox opened the public hearing. Acting Community Development Director Hix introduced Housing Manager Mills and Community Development Specialist Davis. Ms. Davis provided the staff report. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. Councilmember Rindone reiterated past values and standards, such as encouraging the partnering of public agencies when applying for funds and giving agencies that predominately serve Chula Vista residents first choice. He also asked that staff look at how the effects of potential reductions in federal funds will affect the agencies and ensure that the agencies are making efforts to obtain funding elsewhere, as well. ACTION: Deputy Mayor McCann moved to accept the report. Councilmember Ramirez seconded the motion, and it carried 5-0. 16. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Adoption of the resolution allows for the collection of delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Finance 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 Cox opened the public hearing. Finance Director Kachadoorian presented the staff report and stated that there were 146 outstanding accounts, totaling $50,260. Page 8 - Council Minutes http://www.chulavistaca.gov December 12, 2006 , ': Q ..' J..-,i - \.,' , "i ", i' Ii'''' DRAFT PUBLIC HEARINGS (continued) There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor McCann offered Resolution No. 2006-371, heading read, text waived: RESOLUTION NO. 2006-371, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL Counci1member Castaneda seconded the motion, and it carried 5-0. 17. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Adoption of the resolution allows for the collection of delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Finance 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 Cox opened the public hearing. Finance Director Kachadoorian presented the staff report and stated that there were 421 outstanding accounts, totaling $52,400. There being no members of the public who wished to speak, Mayor Cox closed the public hearing. ACTION: Deputy Mayor McCann offered Resolution No. 2006-372, heading read, text waived: RESOLUTION NO. 2006-372, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL Councilmember Castaneda seconded the motion, and it carried 5-0. Page 9 - Council Minutes http://www.chulavistaca.gov I t-i-q December 12, 2006 DRAFT ACTION ITEMS 18. A. RESOLUTION NO. 2006-373, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACT AS THE MAYOR'S VOTING ALTERNATE ON THE METRO COMMISSION B. RESOLUTION NO. 2006-374, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY OF CHULA VISTA'S REPRESENTATIVE ON THE METRO COMMISSION TO VOTE IN SUPPORT OF THE CITY OF SAN DIEGO'S STRATEGY FOR CONCURRENT INITIATION OF AN APPLICATION TO RENEW THE WAIVER AND TO BEGIN NEGOTIATIONS WITH THE ENVIRONMENTAL PROTECTION AGENCY FOR AN AGREEMENT, OR CONSENT DECREE, TO COMPLY WITH THE REQUIREMENTS OF THE OCEAN POLLUTION REDUCTION ACT AT THE UPCOMING METRO COMMISSION MEETING This past October, City of San Diego Metropolitan Wastewater Department staff provided the Council with an update regarding current efforts to obtain the necessary environmental permits required for the continued operation of the Point Lorna Treatment Plant. A vote of the Metro Commission on this subject is scheduled for December 14, 2006. Adoption of the resolutions authorizes the City Manager or designee to act as the Mayor's voting alternate on the Metro Commission, and to vote in support of the City of San Diego's current strategy for concurrent initiation of the waiver application and negotiations of a consent decree at the upcoming meeting. (Engineering Director) City Engineer Tulloch, assisted by Assistant Engineering Director Browder, provided the staff report and responded to questions of the Council. Councilmember Rindone noted that the cities of Imperial Beach and Coronado concurred with staffs recommendation on Item 18B, and the recommendation appeared to be in the best interests of Chula Vista, as well. With regard to Item 18A, he inquired as to whether any of his Council colleagues would be interested in serving as voting alternate, should the Mayor not be able to attend a meeting. Councilmember Castaneda believed it would behoove the City to have an elected member serve as an alternate and, noting his experience on this matter through working with City staff and his experience with the City of San Diego for many years, volunteered to be the Mayor's voting alternate, if so desired by his colleagues. Interim City Manager Thomson suggested that the Council consider appointing the City Manager or designee as the second voting alternate, should the alternate not be able to make the meetings due to scheduling conflicts. Page 10 - Council Minutes http://www .chulavistaca.gov December 12, 2006 I H-IO DRAFT ACTION ITEMS (continued) ACTION: Councilmember Rindone offered Resolution No. 2006-373, heading read, text waived, as amended to designate Councilmember Castaneda as alternate and the City Manager or his designee as second alternate. Counclimember Ramirez seconded the motion, and it carried 5-0. Councilmember Rindone offered Resolution No. 2006-374, heading read, text waived. Councilmember Ramirez seconded the motion, and it carried 5.0 OTHER BUSINESS 19. CITY MANAGER'S REPORTS There were none. 20. MAYOR'S REPORTS A. Appointment of Deputy Mayor Mayor Cox expressed gratitude to Councilmember McCann for serving as Deputy Mayor this past year. ACTION: Mayor Cox moved to appoint Councilmember Rindone as Deputy Mayor for the 2007 calendar year. Deputy Mayor McCann seconded the motion, and it carried 4-0-1, with Councilmember Rindone abstaining. B. Continued appointment of Mayor as SANDAG representative, and appointment of alternates. Mayor Cox recommended that she, being the Mayor, continue as the SANDAG representative, with Councilmember Rindone as alternate and Deputy Mayor McCann as second alternate. Mayor Cox moved to appoint Mayor Cox as SANDAG representative, Councilmember Rindone as alternate and Deputy Mayor McCann as second alternate. Councilmember Castaneda seconded the motion. A request to bifurcate the motion was received, and no vote on the motion was taken. Mayor Cox moved to appoint Mayor Cox as SANDAG representative. Councilmember McCann seconded the motion, and it carried 5-0. Mayor Cox moved to appoint Councilmember Rindone as first alternate. The motion was seconded by Councilmember Castaneda and carried 4-0-1, with Councilmember Rindone abstaining. Page 11 - Council Minutes http://www.chulavistaca.gov I H- -II December 12, 2006 / TE/Jl /11 DRAFT - December 12 Amended OTHER BUSINESS (continued) Mayor Cox moved to appoint Deputy Mayor McCann as second alternate. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Councilmember Rindone suggested a re-vote on the above items since they involve stipends. ACTION: A motion was made by Councilmember Rindone, seconded by Councilmember Castaneda, to reconsider the appointment of Mayor Cox as SANDAG representative. The motion carried 4-0-1, with Mayor Cox abstaining. A motion was made by Councilmember Rindone, seconded by Councilmember Castaneda, to appoint Mayor Cox as SANDAG representative. The motion carried 4-0-1, with Mayor Cox abstaining. A motion was made by Mayor Cox, seconded by Councilmember Ramirez, to reconsider the appointment of Deputy Mayor McCann as SANDAG second alternate. The motion carried 4-0-1, with Deputy Mayor McCann abstaining. A motion was made by Councilmember Rindone, seconded by Councilmember Ramirez, to appoint Deputy Mayor McCann as SANDAG second alternate. The motion carried 4-0-1 with Deputy Mayor McCann abstaining. C. Appointment of Metropolitan Transit System representative and alternates. Mayor Cox moved to appoint Councilmember Rindone, who has served on MTS and is next in line to be Vice Chair, as MTS representative. Councilmember Castaneda seconded the motion, and it carried 4-0-1, with Councilmember Rindone abstaining. Mayor Cox moved to appoint Councilmember McCann as alternate. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Councilmember Rindone suggested a re-vote on the above appointments, as they involve stipends. ACTION: It was moved by Councilmember Rindone and seconded by Councilmember Ramirez to reconsider the appointment of Deputy Mayor McCann as MTS alternate. The motion carried 4-0-1, with Deputy Mayor McCann abstaining. It was moved by Mayor Cox and seconded by Councilmember Rindone to appoint Deputy Mayor McCann as MTS alternate. The motion carried 4-0-1, with Deputy Mayor McCann abstaining. 21. COUNCIL COMMENTS . Deputy Mayor McCann: Discussion of Otay Lakes Lodge Mobile Home Park Deputy Mayor McCann asked staff and the City Attorney to review safety and traffic issues of ingress and egress from Otay Lakes Lodge. Page 12 - Council Minutes http://www.chulavistaca.gov December 12, 2006 /II-/~ DRAFT OTHER BUSINESS (Continued) Councilmember Rindone thanked the Council for their support in naming him Deputy Mayor. Councilmember Ramirez clarified his prior comments on the Mayor and Council Office staffing, stating that he believed there was an imbalance in the allocation of resources. Councilmember Ramirez further expressed disappointment that the Mayor had selected Deputy Mayor McCann to serve with her on the Council budget subcommittee, stating that he believed he should have been chosen since he had divergent ideas. He then elaborated that he believed the Mayor should have the right and authority to select and appoint her chief of staff and perhaps the receptionist; and Councilmembers should appoint their own aides and assistants. The remainder of the staff should be selected by the Mayor but be accountable to the entire City Council, who should share in the responsibility for their work products. Mayor Cox explained that the selection of Councilmember McCann as a member of the budget subcommittee was made by the prior Mayor. She further clarified that she had initiated conversations with members of the Council to ask which committee assignments they wished to continue, and she would bring the information to the Council as a whole on December 19th, at which time Councilmember Ramirez would have first chance to select any open seats on which he wished to serve.. Additionally, she and Deputy Mayor McCann would bring back suggestions for Council consideration on the budget that would pertain to the rest ofthis fiscal year. Councilmember Ramirez addressed the Mayor's IO-point plan, stating that he wholeheartedly agreed with every item, and would work hard to help fulfill the goals. He then referenced Item 5, regarding a short breathing period and the statement referring to the City's Urban Core Specific Plan and the statement "armed with market facts." He asked consideration of adding that it is not just about the buy and sell, but also about truth and beauty, and it should address the community concerns about community character. Councilmember Ramirez also suggested that the Mayor and Council ask the development community to help pay for a scaled model of the Urban Core as a tool that would be used as a working concept. Councilmember Ramirez next spoke regarding the Jade Bay Mobilehome Park bankruptcy issues and stated that the City needed to do whatever was possible to stem a trend toward bankruptcies in the mobile home parks. Lastly, Councilmember Ramirez thanked Councilmember Rindone for taking the lead on the project to acquire security cameras at the Chula Vista trolley stations. Councilmember Castaneda added to Councilmember Ramirez' comments regarding the Jade Bay issue, stating that he was proud that the City and Council had gone above and beyond what most cities would do for their citizens, and would continue to work very hard to provide the residents with resources and opportunities they needed to acquire safe and clean housing. He then provided a brief overview of the ordinance adopted by the Council a few months ago that required relocation plans, and he suggested that the Council consider a policy and/or ordinance regarding relocation requirements that would hold the landowner or developer accountable for repaying costs expended to assist the residents. Councilmember Castaneda then stated he supported an independent review of the City budget status but commented that the Council should review the request for proprosals prior to its being released. Page 13 - COWleil Minutes http://www. chula vistaca.gov December 12, 2006 \ t-\ - 13 DRAFT COUNCIL COMMENTS (continued) Councilmember Rindone announced that a press conference would be held Tuesday, December 18th at II :00 a.m. at the E Street Trolley Station, cosponsored by the Metropolitan Transit System and City of Chula Vista, to obtain publicity for the live surveillance security cameras, which have been placed at the E Street, H Street, and Palomar Trolley Stations in Chula Vista. Councilmember Rindone then requested that the memorandum by Interim Community Development Director Hix regarding the mobilehome situation be released to the press so that the efforts of the City are understood. He added that the Council and staff were staying the course so that any potential profits would come back to those being displaced. Lastly, Councilmember Rindone spoke regarding the progress of the Urban Core Specific Plan, noting that the phrase "truth in beauty" was very important but applied to both sides. One could not promote pictures and diagrams of proposed projects that were not proposed and propagate misinformation. The alternative, if the City is not able to redevelop adequately, would be increased vacancy and vagrancy, and western Chula Vista would not be reinvigorated. He then noted that the City of Pasadena was successful in its redevelopment as it had flexibility in its regulations that provided the opportunity for revitalization. Mayor Cox stated that South Bay Community Services was assisting the Community Development Department with relocation of Jade Bay mobilehome park residents, and she suggested that local service groups be contacted to assist residents in transition. Mayor Cox then clarified that the Trolley Station security camera press conference was scheduled for Monday, . December 18th at 11 :00 a.m. CLOSED SESSIONS 22. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor Parcel No. 643-070-1000 (10 acres on the southeast corner of the future intersection of Hunte Parkway and Exploration Falls Drive) Negotiating Parties: Assistant City Manager Smith, Economic Development Director Stone, Assistant City Attorney Hull and Jed Wallace representing High Tech High Under Negotiation: Terms and conditions oflease. No reportable action was taken. 23. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) . One case No reportable action was taken. Page 14 - Council Minutes http://www.chulavistaca.gov December 12, 2006 I H -)+ DRAFT ADJOURNMENT At 9:10 p.m., Mayor Cox adjourned the meeting to the Adjourned Regular Meeting on December 14,2006 at 6:00 p.m. and thence to the Regular Meeting on December 19,2006 at 6:00 p.m. in the Council Chambers. d~~~~ Lori Anne Peoples, MMC, Senior Deputy City Clerk Page 15 - Council Minutes http://www. chulavistaca.gov \ H-)5 December 12, 2006 ~o~ ORDINANCE NO. ~ ~~ t$)O ~~\~ AN ORDINANCE OF F CHULA VISTA ADOPTING A CITY 11 POLICY REGARDING REIMBURSEMENT OF EXPENSES FOR LEGISLATIVE BODY MEMBERS WHEREAS, the California legislature recently passed AB 1234 which, among other things, requires cities to implement policies governing expense reimbursement to legislative body members; and WHEREAS, as a charter city, the City of Chula Vista ("City") has been granted plenary "home rule" authority over local "municipal affairs," pursuant to California Constitution article XI, section 5 and the City exercises this authority over issues related to the compensation of City officers and employees; and WHEREAS, the Charter of the City of Chula Vista (the "City Charter") allows the City to reimburse expenses incurred by the Mayor and City Council members (see, City Charter 99302 and 304(c)], and by board and commission members, when authorized by the City Council (see, City Charter S601(b)]; and WHEREAS, on its face, AB 1234 applies to charter cities; and WHEREAS, the City has determined that it would be in its best interests for public and fiscal policy reasons to adopt a policy governing expense reimbursement of legislative body members and has prepared such a policy (the "Policy"); and WHEREAS, the City finds that the Policy complies with AB 1234, in the event that AB 1234 could be constitutionally applied to charter cities; and WHEREAS, the Mayor and City Council members currently receive auto allowances and the City finds that those allowances reasonably reflect actual and necessary expenses incurred by the Mayor and City Council members, respectively, in their official City duties, and that those allowances are beneficial to the public; and WHEREAS, the City Council has considered all information related to this matter, including that presented by staff, and any information provided during the public meeting at which this Policy was considered. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I: 1. The City adopts the City Council Policy on Expense Reimbursement to Legislative Body Members, attached as Exhibit 1 to this Ordinance. I:\Atalm~ORD[N.t\NCES\&pemt: r:imbuncmeoC Policy for Council Membcrs.doc: 2-1 /- Ordinance No. . ,';-,_ Page 2 .,<: C' Section II: adoption. Presented by .\~ p. . . . .', ~ '. 2. This Policy is adopted pursuant to' the City's constitutional home-rule authority over its municipal affairs related to compensation of City officials and employees. " ~. The auto allowances paid to the Mayor and City Council members and incorporated in the Policy reasonably reflect actual and necessary expenses incurred by the Mayor and City Council members, respectively, in their official City duties, and that those allowances are beneficial to the public. 4. In certain instances, as specified in the Policy, the purchase of meals by legislative body members for tlllrd parties is an actual and necessary expense of a member's official City duties. This ordinance shall take effect and be in full force thirty days from its Approved as to form by (~~keJ ~ ~ o:ey Ann Moore City Attorney J:\AnI:ll'1ley\JIU...M\ORDINANCES\ElCJl""lIe ~'"1ll P'olicy forCauneil Mcnbondo<: 2-2 COUNCIL AGENDA STATEMENT ITEM TITLE: Item: 3 Meeting Date: 1/9/07 Resolution of the City Council of the City of Chula Vista eliminating the position of Intergovernmental Affairs Coordinator from the authorized positions in the Department of Mayor and Council's Fiscal Year 2007 budget, with the City Manager assuming the administrative duties of the position with existing budgetary resources REVIEWED BY: Director of BU~hd Analysis tv' City Manager "jf (4/5ths Vote: Yes _ No L ) SUBMITTED BY: BACKGROUND At the December 19, 2006 City Council meeting, the City Council's Budget Subcommittee, composed of Mayor Cox and Councilmember McCann, presented a memorandum for discussion during Mayor and Council comments. The memorandum was regarding support staff issues in the Department of Mayor and Council. The memorandum is attached to this Agenda Statement as Exhibit A. Following discussion, the Council, by oral motion and majority vote, expressed its intent to eliminate the position of Intergovernmental Affairs Coordinator from the authorized positions in the Department of Mayor and Council's Fiscal Year 2007 budget, with the administrative duties of the position to be assumed by the City Manager with existing budgetary resources. The Council directed City staff to prepare a resolution and bring it to the January 9, 2007 Council meeting, formalizing the Council's intended action. RECOMMENDATION: That Council adopt the resolution eliminating the position of Intergovernmental Affairs Coordinator from the authorized positions in the Department of Mayor and Council's Fiscal Year 2007 budget. BOARDS/COMMISSIONS RECOMMENDATION: N/A. DISCUSSION: By Resolution 2004-284, on August 24, 2004, the Council approved a budgetary transfer of the position of Intergovernmental Affairs Coordinator from the City Manager's Office to the Department of Mayor and Council. The transfer was part of a shifting of oversight of the City's Legislative Program, from a committee composed of the City Manager, City Attorney, and one member of the City Council, to a committee composed of the Mayor and one member of the Council. 3-1 Page 2, Item ~ Meeting Date: 1/9/07 At the Council meeting on December 19, 2006, the Council discussed and stated its intent to eliminate the position of Intergovernmental Affairs Coordinator from the Department of Mayor and Council's Fiscal Year 2007 budget. Under the Council's action, the Manager will assume the administrative functions of the Intergovernmental Affairs Coordinator with existing budgetary resources. The elimination of the Intergovernmental Affairs Coordinator resulted in savings of $63,600 in fiscal year 2007. These funds will be administratively encumbered (frozen) for the remainder of fiscal year 2007; these funds will be returned to the General Fund at the end of the fiscal year. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT: Approval of this resolution will result in savings of $63,600 in the fiscal year 2007 Mayor and Council department budget. The ongoing savings are $124,000. 3-2 From: Chula Vista City Council ~ Council Budget Subcommittee Members Cox and McCann To: Date: December 14, 2006 Support staff in the Office of Mayor and CounCil Subject: In an effort to respond to comments offered by Council members in the City Council meeting of December 5, regarding support staff in the Office of Mayor and Council, we offer these topics that Cheryl plans to bring to the Council for discussion under Mayor's Comments in our December 19 meeting. The Subcommittee anticipates that the Mayor/Council budget will be part of a comprehensive budget that will be reviewed by the Council in May/June 2007. BackQround Support staff in the Office of Mayor and Council under discussion includes the following positions: Position Inter ovemmental Affairs Coordinator Coastal/Environmental Poll Consultant Senior Council Aide Resolution 2004-284 (approved 08/24/04) authorized the transfer of the Intergovernmental Affairs Coordinator position from the City Manager's Office to the Office of Mayor and Council. Ordinance 3042, approved 09/26/06, shifted the appointing authority for this position from the Mayor to the Mayor and Council. Resolution 2005-326, approved 9/20105, authorized the addition of a Coastal and Environmental Policy Coordinator position to the Office of Mayor and Council. This position was intended to improve the City's ability to monitor and analyze the growing number and complexity of land use and environmental issues citywide including the Bayfront Master Plan, the Urban Core Specific Plan, and the University Project. SUQQested Discussion Points 1. Coastal/Environmental Policy Consultant The Mayor is prepared to fill the position of Coastal/Environmental Policy Consultant as a half-time position or less. The position is currently authorized as a fuil-time position and funded at $114,400 annually (salary and benefits). Reducing it to a half-time position or less for the balance of fiscal year 2007 would save at least $41,000. The Mayor will re-examine this position during budget deliberations in June 2007. The $41,000 in savings would be returned to the General Fund to pay for or help offset the cost of an Independent Financial Review, scope and cost to be determined. :a-.::f 2. Intergovernmental Affairs Coordinator The Mayor is prepared to recommend the elimination of the position of Intergovernmental Affairs Coordinator from the Mayor and C01Jncil budget and the shift of these duties to existing staff in the City Manager's Office, where the government relations function had existed prior to August 2004. If the City Council agrees to eliminate this position from the Mayor and Council budget, staff will bring back a resolution at a subsequent Council meeting to eliminate the position from the budget. Adoption of this recommendation would result in a savings of $63,600 in fiscal year 2007 and $124,700 per year ongoing. 3. Council Aides Regarding Council interest in supplementing City Council staff funding, the City Council might consider increasing each Council member's budget for Council staff by a specified amount. With the savings of $63,600 described above by eliminating the Intergovernmental Affairs Coordinator position in the Mayor and Council budget and shifting the duties to existing staff in the City Manager's Office, there could be an allocation to Council staff and a net savings to the general fund for fiscal year 2007. Any additional funding for Council staff could be addressed as part of the comprehensive budget review at the May/June budget hearings. :3'-4 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ELIMINATING THE POSITION OF INTERGOVERNMENTAL AFFAIRS COORDINATOR FROM THE AUTHORIZED POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL'S FISCAL YEAR 2007 BUDGET, WITH THE CITY MANAGER ASSUMING THE ADMINISTRATIVE DUTIES OF THE POSITION WITH EXISTING BUDGETARY RESOURCES WHEREAS, Chula Vista Charter section 501 provides that the City Council shall control by budget the number of positions in the City; and WHEREAS, by Resolution 2004-284, approved on August 24, 2004, the City Council authorized the budgetary transfer of the position of Intergovernmental Affairs Coordinator from the City Manager's Office to the Department of Mayor and Council; and WHEREAS, by Ordinance 3042, approved on September 26, 2006, the City Council shifted the appointing authority for the position of Intergovernmental Affairs Coordinator from the Mayor to the Mayor and Council; and WHEREAS, at the December 19,2006 City Council meeting, a proposal of the City Council's Budget Subcommittee regarding support staff in the Department of Mayor and Council was presented to the Council by Mayor Cox and Councilmember McCann; and WHEREAS, the Budget Subcommittee's proposal included a discussion of the elimination of the Intergovernmental Affairs Coordinator position from the authorized positions in the Department of Mayor and Council in Fiscal Year 2007, and the assumption of the administrative duties of the position by existing staff in the City Manager's Office; and WHEREAS, it was discussed at the December 19, 2006 meeting by the Council that the elimination of the position from the Department of Mayor and Council's Fiscal Year 2007 budget would result in a savings of $63,600; and WHEREAS, by oral motion and majority vote at the December 19, 2006 meeting, the Council expressed its intent to eliminate the position of Intergovernmental Affairs Coordinator from the authorized positions in the Department of Mayor and Council's Fiscal Year 2007 budget. 3-5 Page 2 NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby eliminates the position of Intergovernmental Affairs Coordinator from the Department of Mayor and Council's Fiscal Year 2007 budget, with the City Manager assuming the administrative duties of the position with existing budgetary resources. Presented by Approved as to form by t:wLt-..- G ., Ed Van Eenoo Director of Budget and Analysis ~t(f/lY&~-M Moore ~ v ' City Attorney 3-6 ..nO'?\\O~ ~~I"'" ORDJNANCE NO. f(..~~~\~G. O~~ AN ORDlli"A,'iCE OF THE C~ OF CHULA VISTA AMENDJNG SECTION 3.44.120 (UTILITY USERS' TAX REFUNDS) OF THE CHULA VISTA MUNICIPAL CODE WHEREAS, Section 3.44.120 of the Chula Vista MuniciJll1l. Code allows for Utility Users T a.'i: refunds in certain instances wilen the tax has been overpaid, paid more than once, or collected erroneously; and VlHEREAS, City staff reco=ends that the current code be amended to clarify the procedures for filing and processing refund claims and to establish a one-year claims period for requesting refunds; and WHEREAS, this amendment establishes a one-year claims period for refunds and procedures for filing and processing refund claims. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I: That Chapter 3.44.120 ofllie Chula Vista Municipal Code is amended as follows: 3.44.120 Refunds. A. Whenever the amount of any tax has been overpaid, paid more than once, or has been erroneously or illegally collected or received by the ,,;l) Gu=.c"" uffi"", FiMn~e nire~t"r under this Chapter, it may be refunded as provided in this section. B. A !-I<';:.l~V1.J. .I.<"'l{u.~>;;J Lv ....vll!;;.....L a..I..lJ j.1;;~t la.o,r.;;" ~.L-JU;),"J WlJI;;.1. t1.~~ .....hal-'t.....1. UJ.Q.] ....lQ.:....u a. .l......fu..u.J V.1 Lal..... ~ I.<.l.>;;.:1t a.o~;,l l~.....,J \...var.;;.....kJ cw.J l~u~Lt"J tL\.. a..u.J.vUJ..J.t Thp. F;n~nr.p. nire~t"r mHY refimn Hny to" thot h". heen overpaid, paid more than once or erroneously or illegally collected or received hy the FinHn~e n;re~tm ']TIner tITi. (,horter. 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Presented by: Apprb~ed as to form by: .:J. ~i4~ ) ( .' c(./ ./ (.~' K.1o&e .J-() . / \ . ity Attorney Maria Kachadoorian Dir~tor of Finance !;~CllD[NANCES\lJUTOrdiDm<:aArrteDdmmlC (lZ-l9-ll6).dol;; 4-3 CITY COUNCIL AGENDA STATEMENT January 9, 2007 Item~ ITEM TITLE: (a) Resolution Approving the Memorandum of Understanding between the City of Chula Vista and the Sweetwater Union High School District for the provision of middle school after- school programs, and authorizing the Mayor to execute said agreement; (b) Resolution Approving the Memorandum of Understanding between the City of Chula Vista and Hilltop Middle School for the provision of extended after- school program hours, amending the FY07 Recreation Department budget by appropriating $6,000 based on unanticipated revenue, and authorizing the Mayor to execute said agreement; (c) Resolution Approving the Memorandum of Understanding between the City of Chula Vista and Castle Park Middle School for the provision of extended after- school program hours, amending the FY07 Recreation Department budget by appropriating $6,000 based on unanticipated revenue, and authorizing the Mayor to execute said agreement; (d) Resolution Approving the Memorandum of Understanding between the City of Chula Vista and Chula Vista Middle School for the provision of extended before- and after- school program hours, amending the FY07 Recreation Department budget by appropriating $14,010 based on unanticipated revenue, and authorizing the Mayor to execute said agreement; (e) Resolution Approving the agreement between the City of Chula Vista and The YMCA of San Diego County South Bay Branch for the provision of after-school program hours at Hilltop, Chula Vista, Rancho Del Rey and Castle Park Middle Schools, and authorizing the Mayor to execute said agreement; (f) Resolution Approving the Memorandum of Understanding between the City of Chula Vista and the YMCA 5-1 January 9, 2007, Item~ Page 2 of5 SUBMITTED BY: REVIEWED BY: of San Diego County for the provision of after- school program hours at Castle Park Middle School and Hilltop Middle School, amending the FY07 Recreation Department budget by appropriating $8,371 based on unanticipated revenue, and authorizing the Mayor to execute said agreement DIRECTOR OF RECRE7N /'f} ~( 61"\ CITY MANAGER (/I . 4/5THS VOTE: YES X NO BACKGROUND The Sweetwater Union High School District (SUHSD) has awarded a $100,274 contract for the provision of after-school programming at six Chula Vista Middle Schools to the City, through its Recreation Department (please see Attachment "A"). The adopted FY07 Recreation Department budget includes funding for this middle school program contract. In addition, Hilltop Middle School, Castle Park Middle School, and Chula Vista Middle School have been awarded a State grant for the provision of additional before- and after- school programming hours. The Schools have asked the Recreation Department to provide these services, via Memorandums of Understanding (MOU), for $6,000, $6,000, and $14,010, respectively (please see Attachments "B", "C", and "D"). These hours are in addition to the existing, budgeted after-school hours provided by the Department to the Schools. The adopted FY07 Recreation Department budget includes funding of $15,010 to contract with the YMCA of San Diego County South Bay Branch (YMCA) for the provision of after-school services at four middle school sites during non-school hours. The City has contracted with the YMCA for these services on an annual basis since 1993, when City Council initially approved funding for the newly established Youth Action Program (Attachment E). The YMCA of San Diego County has requested that the Recreation Department provide after school programming at Castle Park Middle School and Hilltop Middle School as part of the Critical Hours Program, via a Memorandum of Understanding (MOD), for $8,371 (Attachment F). 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 SectionI5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. 5-2 January 9, 2007, Item~ Page 3 of5 RECOMMENDATION That Council: (a) Adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and Sweetwater Union High School District for the provision of middle school after-school services at six Chula Vista middle schools in the amount of $100,274 and authorizing the Mayor to execute said agreement. (b) Adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and Hilltop Middle School for the provision of extended after- school program hours, amending the FY07 Recreation Department budget by appropriating $6,000 in Personnel Services based on unanticipated revenue, and authorizing the Mayor to execute said agreement. (c) Adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and Castle Park Middle School for the provision of extended after- school program hours, amending the FY07 Recreation Department budget by appropriating $6,000 in Personnel Services based on unanticipated revenue, and authorizing the Mayor to execute said agreement. (d) Adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and Chula Vista Middle School for the provision of extended before- and after- school program hours, amending the FY07 Recreation Department budget by appropriating $14,010 in Personnel Services based on unanticipated revenue, and authorizing the Mayor to execute said agreement. (e) Adopt the resolution approving the Agreement between the City and the YMCA of San Diego County South Bay Branch, for the period of September 2006 through June 2007, in the amount of $15,010, which has already been appropriated in the FY07 Recreation Department budget, for the provision of after'school hour progranuning, and authorizing the Mayor to execute said agreement. (f) Adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and the YMCA of San Diego County for the provision of after school program hours at Castle Park Middle School and Hilltop Middle School, amending the FY07 Recreation Department budget by appropriating $8,371 in Personnel Services based on unanticipated revenue, and authorizing the Mayor to execute said agreement. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The Recreation Department and the Sweetwater Union High School District (SUHSD) jointly fund the Middle School after-school program (Club Teen Connection or Club TC). The program is additionally funded from Critical Hours Grants and Safe 5-3 , January 9, 2007, Item~ Page 4 of5 Neighborhood, Safe Schools Grants received by the individual schools. Collaborative partners in the program include South Bay YMCA and South Bay Community Services, as well as the individual schools. Activities include sports, crafts, homework help, games, special events, field trips, specialized classes and much more. The program is free to all participants. Pursuant to the agreement, the City of Chula Vista provides recreational progranuning during non-school hours at the six middle schools designated below. Programming under the agreement will be provided as follows: The existing core program hours and participating schools are: Chula Vista Middle School Rancho Del Rey Middle School Castle Park Middle School Hilltop Middle School Eastlake Middle Bonita Vista Middle Monday through Friday, 3:15 - 5:15 PM Monday through Friday, 3 :00 - 5 :00 PM Monday through Friday, 3:00 - 5:00 PM Monday through Friday, 3:15 - 5:15 PM Monday through Friday, 3:00 - 5:00 PM Monday and Wednesday, 3:00 - 5:00 PM Due to the success of the program, Hilltop Middle School, Castle Park Middle School, and Chula Vista Middle School have requested that additional hours of daily progranuning be provided by the Department, to be funded from a new State grant. Hilltop Middle School is proposing an MOD with the City for $6,000 to fund staffing for new extended homs from 5:15pm to 6:15pm Monday through Friday. The MOU covers the school year, from September 2006 through June 2007. Castle Park Middle School is proposing an MOU with the City for $6,000 to fund staffing for new extended hours from 5:00pm to 6:00pm Monday through Friday. The MOD covers the school year, from September 2006 through June 2007. Chula Vista Middle School is proposing an MOD with the City for $14,010 to fund staffing for new extended hours from 6:00 a.m. to 8:00 a.m. and from 5:15pm to 6:15pm Monday through Friday. This MOU covers the school year, from September 2006 through June 2007. Critical Hours: The YMCA Youth and Family Services has awarded the City, through the Recreation Department, a $8,371 contract for the provision of enhanced after-school progranuning at Castle Park Middle School and Hilltop Middle School. The funding is part of a grant applied for and received by the Chula Vista Youth Coalition from the County of San Diego Critical Hours funding. The YMCA is the designated fiscal agent for the grant, and, as such, is subcontracting various services to be provided by several Youth Coalition members. Middle School After School Programs: The City has $15,010 budgeted in the Recreation Department operating budget for South Bay YMCA to provide after-school hour programs 5-4 January 9, 2007, Item-L Page 5 of5 at four middle schools - Hilltop, Chula Vista, Rancho Del Rey and Castle Park. Funds are disbursed quarterly on a reimbursement basis, upon receipt from the YMCA of submittals including, but not limited to, employee timesheets, expenditure receipts, and monthly service and financial reports. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Council member Castaneda has property holdings within 500 feet of the boundaries of the Chula Vista Middle School property which is one of the subjects of this action. FISCAL IMPACT SUHSD funds one-half of the cost of the middle school program, or $100,274. Expenditures and revenues for this program are currently included in the FY07 Recreation Department budget, and do not need to be appropriated. SUHSD will reimburse the City quarterly for expenses following the submittal of invoices for services rendered. The FY07 budget for the Recreation Department is proposed to be amended by $34,381 for the after-school program enhancements, fully offset by reimbursements from the middle schools and YMCA of San Diego County, with no net impact to the General Fund. These are one-time costs for this fiscal year only. The schools will reimburse the City for expenses following the submittal of semester invoices for services rendered. The YMCA of San Diego County will reimburse the City for expenses following the submittal of invoices for services rendered. Funds of $15,010 for the agreement with the South Bay YMCA are ongoing and are already included in the FY07 Recreation Department budget, and do not need to be appropriated. One-half of this $15,010 cost is reimbursed to the City by SUHSD. ATTACHMENTS Attachment "A" - Agreement between Sweetwater Union High School District and City of Chula Vista Attachment "B"- Agreement between Hilltop Middle School and City of Chula Vista Attachment "c" - Agreement between Castle Park Middle School and City ofChula Vista Attachment "D" - Agreement between Chula Vista Middle School and City of Chula Vista Attachment "E" - Agreement between the City Of Chula Vista and South Bay YMCA Attachment "F" - Agreement between the YMCA of San Diego County and the City of Chula Vista Prepared by: Bob Morris, Senior Recreation Supervisor, Recreation Department 5-5 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE PROVISION OF MIDDLE SCHOOL AFTER-SCHOOL PROGRAMS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Sweetwater Union High School District [SUHSD] has awarded a $100,274 contract for the provision of after-school programming at several Chula Vista Middle Schools to the City, through its Recreation Department (please see attachment 'A'); and WHEREAS, the adopted FY07 Recreation Department budget includes funding for this middle school program contract; and WHEREAS, the Recreation Department and the SUHSD jointly fund the Middle School after-school program [Club Teen Connection or Club TC]; and WHEREAS, the program is additionally funded from Critical Hours Grants and Safe Neighborhood, Safe Schools Grants received by the individual schools; and WHEREAS, collaborative partners in the program include South Bay YMCA an South Bay Community Services, as well as the individual schools; and WHEREAS, activities include sports, crafts, homework help, games, special events, field trips, and specialized classes. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City of Chula Vista and the Sweetwater Union High School District for the provision of middle school after-school programs, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized to execute the MOU on behalf of the City of Chula Vista. Presented by Approved as to form by Buck Martin Recreation Director h~~~~\ City Attorney H:\Attorney\Final Resos\2007\1 9 07\Sweetwater Union High School w Reso Adoc 5-6 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~ lCq.n \\. \'"\-( 4-.C'1 ~ Ann Moore City Attorney Dated:~IIf\...:\ WOl ./ Middle School Recreation Programs Memorandum of Understanding between the City of Chula Vista and Sweetwater Union High School 5-7 A+~A MIDDLE SCHOOL RECREATION PROGRAMS Memorandum of Undel'$tanding Between City of Chula Vista And Sweetwater Union High School District THIS AGREEMENT by and between the City of Chula Vista, (hereinafter referred to as "City'1 and the Sweetwater Union High School District (hereinafter referred to as "District"), WHEREAS, the City and District provide after school programs at the middle schools in the City of Chula Vista, and WHEREAS the parties wish to continue that programming for the benefit of the community, NOW, THEREFORE, it is agreed by and between District and City as follows: 1. TFRM - The term of this agreement shall be for a period of 12 months, commencing on July 1, 2006, and ending June 30, 2007. This agreement may be extended for one-year terms in writing by the parties. This agreement may be terminated by either party upon thirty (30) days written notice. 2. PR()(:;RAM - City shall provide recreational programming during non-school hours at designated middle schools. Programming will be provided as follows; Chula Vista Middle School: two (2) hours per day, five (5) days a week, for thirty-eight (38) weeks when school is in session; Castle Park Middle School: two (2) hours per day, five (5) days a week, for thirty-eight (38) weeks when school is in session; Hilltop Middle School: two (2) hours per day, five (5) days a week, for thirty-eight (38) weeks when school is in session; Rancho Del Rey Middle School: two (2) hours per day, five (5) days a week, for thirty-eight (38) weeks when school is in session; Bonita Middle School: two (2) hours per day, five (5) days a week, for thirty-eight (38) weeks when school is in session; Eastlake Middle School: two (2) hours per day, five (5) days a week, for thirty-eight (38) weeks when school is in session; and three (3) hours per day, (5) days a week for eight (8) weeks for summer sessions at two designated schools. SUHSD MOU FY06-07.doc 5-8 In addition, City shall contract with the YMCA of San Diego County to provide additional and supplemental programming at the middle schools named above. The majority of programs will be conducted and provided on middle school sites. Special Events may occur and take place in other areas of City during the time-period of the Agreement. 3. FllNnlN(.; -It is agreed that the District will provide $100,274 ("Funds") to partially offset the cost of staffing, supplies, and supervision of the programs during the period of this Agreement. Funds shall be disbursed to City following receipt of City invoice for payment. Funding shall be utilized as follows: TOTAL $35,541 $ 7,514 $41,531 $ 8,183 $ 7,505 $100,274 On-Site Programmatic Staff Supervisory Oversight - A Supervisory Oversight - B Supplies and Services Contract Costs with YMCA 4. r.()N1=;lnFRA TI()N - It is agreed that the City will match District funding, and will absorb other necessary additional expenses for required services in connection with the provision of programs outlined in this agreement. 5. N()TIr.t= - Any notice required or permitted pursuant to this Agreement, shall be given by personal service or by deposit of the same in the U.S. Mail, postage prepaid and addressed to the parties as follows: City: Buck Martin, Director Recreation Department City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 District: Dianne L. Russo, Chief Financial Officer Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911 6. INnFMNIFIr.A TI()N ANn IN1=;IIRANr.F - The Terms and provisions of the existing Cooperative Facilities Use Agreement between the City and the District shall be in full force and effect throughout the term of this Agreement. A copy of this agreement is attached hereto as Exhibit "A", and is incorporated by reference. SUHSD MOV FY06-07.doc 7 5-9 7. PFRMITS. City shall complete and submit District's Application and Pennit for Use of School Facilities and Grounds as required by each school site administrator. 8. FINClFRPRINT CI FARANCF Each party is responsible for fingerprinting its employees who will be working with students. If the City or District discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, SectiOn 44011, that individual's employment status and/or duties will be altered to comply with all local, state, and federallawsfregulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day indicated in the tenns of the Agreement. Dated: ,2006 THE CITY OF CHULA VISTA Sweetwater Union High School District #~~;? ~4~ Stept1e! re~ -PadiHa,-Mayor Dianne L. Russo, Chief Financial Officer Cheryl Cox, Mayor Approved as to fonn by: Ann Moore City Attorney Attest: Susan Bigelow, City Clerk SUHSD MOU FY06-07.doc l 5-10 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007 RECREATION' DEPARTMENT BUDGET BY APPROPRIATING $6,000 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Hilltop Middle School [School] has been awarded a State grant for the provision of additional before- and after-school programming hours; and WHEREAS, the School has asked the City Recreation Department to provide these services, via a Memorandurn of Understanding [MOU], for $6,000; and WHEREAS, these hours are in addition to the existing, budgeted after-school hours provided by the Recreation Department to the School; and WHEREAS, the School is proposing an MOU with the City for $6,000 to fund staffing for new extended hours from 5:15 p.m. to 6:15 p.m. Monday through Friday; and WHEREAS, the MOU covers the school year, from September 2006 through June 2007. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City of Chula Vista and Hilltop Middle School for the provision of extended after-school program hours, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Fiscal Year 2007 Recreation Department budget is hereby amended by appropriating $6,000 in unanticipated revenue. BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized to execute the MOU on behalf of the City of Chula Vista. Presented by Approved as to form by Buck Martin Recreation Director ~~<1f'-"\,\t~\\- Aim Moore City Attorney H:\Attorney\Final Resos\2007\1 9 07\HilItop Middle School FY07 ~ Reso B.doc 5-11 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 ~1"<~ ~S>-~\ Ann Moore City Attorney Dated: b'-""- Co 1-001 J Memorandum of Understanding between the City of Chula Vista and Hilltop Middle School 5-12 15 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HillTOP MIDDLE SCHOOL THIS AGREEMENT, by and between the City of Chula Vista, a municipal corporation (hereinafter "City"), and Hilltop Middle School (hereinafter "Middle Schoo'") to provide after-school program hours at Hilltop Middle School during the time school is in session between September 5, 2006 and June 15, 2007; NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: I. RESPONSIBiliTIES OF THE HillTOP MIDDLE SCHOOL 1. Provide on-site indoor and outdoor facilities for the additional after-school program appropriate to the number of participants. 2. Promote and foster a positive environment for the development of a successful after-school program. 3. Host bi-weekly meetings with City staff to discuss program goals and effectiveness. 4. Provide office space and storage for the City's staff supervisor (Recreation Specialist). 5. Provide an on-site After School Coordinator or staff during the after-school program hours. 6. Pay to the City an amount up to $6,000 for the City staff costs to provide the additional after-school program hours, as shown in Attachment A. II. RESPONSIBILITIES OF THE CITY OF CHULA VISTA 1. Provide sports and recreational activities similar to the existing after school program to students participating in the additional after-school program. Activities include sports, crafts, homework help, games, special events, field Page 1 5-13 trips, specialized classes and much more. The program is free to all participants. 2. Provide Recreation Department staff to operate the additional after-school program at Hilltop Middle School, during the days school is in session, from September 5, 2006 through June 15, 2007. Staffing will consist of 190 hours of a Recreation Specialist and 190 Recreation Leader II at the City's prevailing wages. The additional hour is from 5:15pm to 6:15pm on Mondays thru Fridays. Please see attachment "A" for a complete list of hours by staff and the time of day. 3. Submit completed daily attendance rosters for each activity provided by City to the After School Coordinator or appropriate Middle School staff. 4. Attend bi-weekly meetings with Middle School staff to discuss program goals and effectiveness. 5. Provide a Recreation Department Supervisor to oversee and coordinate the additional after-school program, in cooperation with Middle School staff. III. COMPENSATION Hilltop Middle School agrees to pay the City up to $6,000.00 to support activities provided by the City for the additional after-school program. Compensation shall be based on the prevailing hourly wage for each City employee performing services pursuant to this Agreement. In addition to said hourly wage, City shall also be compensated for all retirement and Medicare costs attributable to those employees. The City will invoice Hilltop Middle School during the school year beginning January 26, 2007 and at the school end, June 15, 2007 payable within 30 days of receipt. IV. TERMITERMINATION The term of this Agreement shall commence on September 5, 2006, and continue through June 15, 2007, matching the term of the grant funding previously mentioned. Either party upon sixty- (60) day advance written notice may terminate this Agreement. V. HOLD HARMLESS I INDEMNIFICATION Each party agrees to hold harmless the other, their elected and appointed officers, trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attorney's fees) arising out of the performance of this subcontract by the parties, their agents, employees, subcontractors Page 2 5-14 or others, except for only those claims arising from the sole negligence or sole willful misconduct of either party, or their officers or employees. It is understood that such indemnity shall survive the termination of this agreement. VI. FINGERPRINT CLEARANCE Each party is responsible for fingerprinting its employees who will be working with students. If the City or Middle School discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status and/or duties will be altered to comply with all local, state, and federal laws/regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day indicated in the terms of the Agreement. Dated: ,2006 THE CITY OF CHULA VISTA CHULA VISTA MIDDLE SCHOOL Stephen-e~ "PadHIa;-Mayor- Cheryl Cox, Mayor MA1f;'P 6-:t/AHJ Dianne Russo, SUHSD Chief Financial Officer Approved as to form by: Ann Moore City Attorney Page 3 5-15 Attachment A City of Chula Vista Recreation Department Staffing For Additional After-school Program At Hilltop Middle School The City shall provide the following staff and hours for the period of September 5, 2006 through June 15, 2007, on the days that school is in session, from Monday through Friday, based on 180 school days: 5:15pm - 6:15pm (1.00 hour per dav) Recreation Specialist: - 190 hours Recreation Leader II - 190 hours TOTAL: 380 Hours Page 4 5-16 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007. RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,000 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, Castle Part Middle School [School] has been awarded a State grant for the provision of additional before- and after-school programming hours; and WHEREAS, the School has asked the City Recreation Department to provide these services, via a Memorandum of Understanding [MOU], for $6,000; and WHEREAS, these hours are in addition to the existing, budgeted after-school hours provided by the Recreation Department to the School; and WHEREAS, the School is proposing an MOU with the City for $6,000 to fund staffing for new extended hours from 5:00 p.m. to 6:00 p.m. Monday through Friday; and WHEREAS, the MOU covers the school year, from September 2006 through June 2007. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City of Chula Vista and Castle Park Middle School for the provision of extended after-school program hours, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Fiscal Year 2007 Recreation Department budget is hereby amended by appropriating $6,000 in unanticipated revenue. BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized to execute the MOU on behalf of the City ofChula Vista. Presented by Approved as to form by ~~~~~ Ann oore City Attorney Buck Martin Recreation Director H:\Attorney\Final Resos\2007\1 9 07\Castle Park Middle School FY07 - Reso C.doc 5-17 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~~~ Ann Moore City Attorney Dated: 1r"'--~ '100"1 .I Memorandum of Understanding between the City of Chula Vista and Castle Park Middle School 5-18 C-. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK MIDDLE SCHOOL THIS AGREEMENT, by and between the City of Chula Vista, a municipal corporation (hereinafter "City"), and Castle Park Middle School (hereinafter "Middle School") to provide after-school program hours at Castle Park Vista Middle School during the time school is in session between September 5,2006 and June 15, 2007; NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: I. RESPONSIBILITIES OF THE CASTLE PARK MIDDLE SCHOOL 1. Provide on-site indoor and outdoor facilities for the additional after-school program appropriate to the number of participants. 2. Promote and foster a positive environment for the development of a successful after-school program. 3. Host bi-weekly meetings with City staff to discuss program goals and effectiveness. 4. Provide office space and storage for the City's staff supervisor (Recreation Specialist). 5. Provide an on-site After School Coordinator or staff during the after-school program hours. 6. Pay to the City an amount up to $6,000 for the City staff costs to provide the additional after-school program hours, as shown in Attachment A. II. RESPONSIBILITIES OF THE CITY OF CHULA VISTA 1. Provide sports and recreational activities similar to the existing after school program to students participating in the additional after-school program. Activities include sports, crafts, homework help, games, special events, field Page 1 5-19 trips, specialized classes and much more. The program is free to all participants. 2. Provide Recreation Department staff to operate the additional after-school program at Castle Park Middle School, during the days school is in session, from September 5, 2006 through June 15, 2007. Staffing will consist of 190 hours of Recreation Specialist and 190 hours of Recreation Leader for a total of 000 hours at the City's prevailing wages. Additional after-school hours are added for both the Recreation Leader and Recreation Specialist, including one additional hour from 5: 15pm to 6: 15pm Monday -Friday. Please see attachment "A" for a complete list of hours by staff and the time of day. 3. Submit completed daily attendance rosters for each activity provided by City to the After School Coordinator or appropriate Middle School staff. 4. Attend bi-weekly meetings with Middle School staff to discuss program goals and effectiveness. 5. Provide a Recreation Department Supervisor to oversee and coordinate the additional after-school program, in cooperation with Middle School staff. III. COMPENSATION Castle Park Middle School agrees to pay the City up to $6,000.00 to support activities provided by the City for the additional after-school program. Compensation shall be based on the prevailing hourly wage for each City employee performing services pursuant to this Agreement. In addition to said hourly wage, City shall also be compensated for all retirement and Medicare costs attributable to those employees. The City will invoice Castle Park Middle School during the school year beginning January 26, 2007 and at the school end, June 15, 2007 payable within 30 days of receipt. IV. TERMfTERMINATION The term of this Agreement shall commence on September 5, 2006, and continue through June 15, 2007, matching the term of the grant funding previously mentioned. Either party upon sixty- (60) day advance written notice may terminate this Agreement. V. HOLD HARMLESS I INDEMNIFICATION Each party agrees to hold harmless the other, their elected and appointed officers, trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attorney's fees) arising out of the Page 2 5-20 performance of this subcontract by the parties, their agents, employees, subcontractors or others, except for only those claims arising from the sole negligence or sole willful misconduct of either party, or their officers or employees. It is understood that such indemnity shall survive the termination of this agreement. VI. FINGERPRINT CLEARANCE Each party is responsible for fingerprinting its employees who will be working with students. If the City or Middle School discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status and/or duties will be altered to comply with all local, state, and federal laws/regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day indicated in the terms of the Agreement. Dated: ,2006 THE CITY OF CHULA VISTA CASTLE PARK MIDDLE SCHOOL AtJ/./14/~f ~~ Dianne Russo, SUHSD Chief Financial Officer -8tepheA -G.-Padilla;- Mayef Cheryl Cox, Mayor Approved as to form by: Ann Moore City Attorney Page 3 5-21 Attachment A City of Chula Vista Recreation Department Staffing For Additional After-School Program At Castle Park Middle School The City shall provide the following staff and hours for the period of September 5, 2006 through June 15, 2007, on the days that school is in session, from Monday through Friday, based on 180 school days: 5:15pm - 6:15pm (1.00 hours per day) Recreation Specialist: - 190 hours Recreation Leader - 190 hours TOTAL: 380 hours Page 4 5-22 RESOLUTION NO. 2006- RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED BEFORE- AND AFTER- SCHOOL PROGRAM HOURS, AMENDING THE FY07 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $14,010, BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the Chula Vista Middle School [School] as been awarded a State grant for the provision of additional before- and after-school programming hours; and WHEREAS, the School has asked the City Recreation Department to provide these services, via a Memorandum of Understanding [MOU] for $14,010; and WHEREAS, these hours are in addition to the existing, budgeted after-school hours provided by the Recreation Department to the School; and WHEREAS, the School is proposing an MOU with the City for $14,010 to fund staffing for new extended hours from 5: 15 p,m. to 6: 15 p,m, Monday through Friday; and WHEREAS, the MOU covers the school year, from September 2006 through June 2007, NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City ofChula Vista and Chula Vista Middle School for the provision of extended after-school program hours, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Fiscal Year 2007 Recreation Department budget is hereby amended by appropriating $14,010 in unanticipated revenue, BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute the MOU on behalf of the City ofChula Vista, Presented by Approved as to form by Buck Martin Recreation Director ~~~~ Ann Moore City Attorney H:\AttomeylFinal Resos\2007\1 9 07lChula Vista Middle School FY07 - Reso D.doc 5-23 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~)(~\'\~).\- Ann Moore City Attorney Dated: ~~~ '1C\o, Memorandum of Understanding between the City of Chula Vista and Chula Vista Middle School 5-24 b MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL THIS AGREEMENT, by and between the City of Chula Vista, a municipal corporation (hereinafter "City"), and Chula Vista Middle School (hereinafter "Middle School") to provide before- and after- school program hours at Chula Vista Middle School during the time school is in session between September 5, 2006 and June 15, 2007; NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: I. RESPONSIBILITIES OF THE CHULA VISTA MIDDLE SCHOOL 1. Provide on-site indoor and outdoor facilities for the additional before- and after- school program appropriate to the number of participants. 2. Promote and foster a positive environment for the development of a successful before- and after- school program. 3. Host bi-monthly meetings with City staff to discuss program goals and effectiveness. 4. Provide office space and storage for the City's staff supervisor (Recreation Specialist). 5. Provide an on-site After School Coordinator or staff during the before- and after- school program hours. 6. Pay to the City an amount up to $14,010 for the City staff costs to provide the additional before- and after- school program hours, as shown in Attachment A. II. RESPONSIBILITIES OF THE CITY OF CHULA VISTA 1. Provide sports and recreational activities similar to the existing after school program to students participating in the additional before- and after- school program. Activities include sports, crafts, homework help, games, special Page 1 5-25 events, field trips, specialized classes and much more. The program is free to all participants. 2. Provide Recreation Department staff to operate the additional before- and after- school program at Chula Vista Middle School, during the days school is in session, from September 5,2006 through June 15, 2007. Staffing will consist of 643.00 hours of Recreation Specialist, 263.00 hours of Recreation Leader II for a total of 915 hours at the City's prevailing wages. Additional after-school hours are added for both the Recreation Leader II and Recreation Specialist, including one hour from 5:15 p.m. to 6:15 p.m. Monday - Friday. Please see attachment "A' for a complete list of hours by staff and the time of day. 3. Submit completed daily attendance rosters for each activity provided by City to the After School Coordinator or appropriate Middle School staff. 4. Attend bi-monthly meetings with Middle School staff to discuss program goals and effectiveness. 5. Provide a Recreation Department Supervisor to oversee and coordinate the additional before- and after- school program, in cooperation with Middle School staff. III. COMPENSATION Chula Vista Middle School agrees to pay the City up to $14,010 to support activities provided by the City for the additional before- and after- school program. Compensation shall be based on the prevailing hourly wage for each City employee performing services pursuant to this Agreement. In addition to said hourly wage, City shall also be compensated for all retirement and Medicare costs attributable to those employees. The City will invoice Chuta Vista Middle School twice during the school year beginning January 26, 2007 and at the school end, June 15, 2007 payable within 30 days of receipt. IV. TERMfTERMINATION The term of this Agreement shall commence on September 5, 2006, and continue through June 15, 2007, matching the term of the grant funding previously mentioned. Either party upon sixty- (60) day advance written notice may terminate this Agreement. V. HOLD HARMLESS I INDEMNIFICATION Each party agrees to hold harmless the other, their elected and appointed officers, Page 2 5-26 trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attorney's fees) arising out of the performance of this subcontract by the parties, their agents, employees, subcontractors or others, except for only those claims arising from the sole negligence or sole willful misconduct of either party, or their officers or employees. It is understood that such indemnity shall survive the termination of this agreement. VI. FINGERPRINT CLEARANCE Each party is responsible for fingerprinting its employees who will be working with students. If the City or Middle School discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status and/or duties will be altered to comply with all local, state, and federallaws/regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day indicated in the terms of the Agreement. Dated: ,2006 THE CITY OF CHULA VISTA CHULA VISTA MIDDLE SCHOOL Stepherr 'Padif1cr, Mayor- Cheryl Cox, Mayor 4AA'b ~/~41'A'Y Dianne Russo, SUHSD Chief Financial Officer Approved as to form by: Ann Moore City Attorney Page 3 5-27 Attachment A City of Chula Vista Recreation Department Staffing For Additional Before- and After- School Program At Chula Vista Middle School The City shall provide the following staff and hours for the period of September 5, 2006 through June 15, 2007, on the days that school is in session, from Monday through Friday, based on 180 school days: 6:00 -8:00 am 12 hours oar dav) Recreation Specialist - 380 hours- TOTAL: 380 hours 5:15 pm - 6:15 pm 11 hour per dav) Recreation Specialist: - 190 hours Recreation Leader II - 190 hours TOTAL: 380 hours Hours for staff meetinas. field trips. special events. as needed Recreation Specialist: - 30 hours (pHAT Friday's) Recreation Leader 11- 30 hours (pHAT Friday's) Recreation Specialist - 30 hours (Early Dismissal) Recreation Leader II - 30 hours (Early Dismissal Recreation Specialist -13 hours (Staff Meetings) Recreation Leader 11-13 hours (Staff Meetings) TOTAL: 146 hours Summarv: Recreation Specialist: - 643 hours Recreation Leader II - 263 hours TOTAL: 906 hours - The Chula Vista Middle School will ensure that additional staff from the school and the Chula Vista YMCA, a collaborative partner to the school, is also present during these hours so that the Recreation Specialist is not alone during these early morning hours. Page 4 5-28 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE YMCA OF SAN DIEGO COUNTY SOUTH BAY BRANCH FOR THE PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT HILLTOP, CHULA VISTA, RANCHO DEL REY, AND CASTLE PARK MIDDLE SCHOOLS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the adopted Fiscal Year 2007 Recreation Department budget includes funding of$15,010 to contract with the YMCA of San Diego County South Bay Branch [YMCA] for the provision of after-school services at four middle school sites during non-school hours; and WHEREAS, the City of Chula Vista has contracted with the YMCA for these services on an annual basis since 1993, when the City Council initially approved funding for the newly established Youth Action Program; and WHEREAS, the City has $15,010 budgeted in the Recreation Department operating budget for South Bay YMCA to provide after-school programs at four middle schools: Hilltop, Chula Vista, Rancho Del Ray, and Castle Park; and WHEREAS, funds are disbursed quarterly on a reimbursement basis, upon receipt from the YMCA of submittals including, but not limited to, employee timesheets, expenditure receipts, and monthly service and financial reports; and, WHEREAS, funds of$15,01O for the agreement with the South Bay YMCA are ongoing and are already included in the Fiscal Year 2007 Recreation Department budget, and do not need to be appropriated; and WHEREAS, one-half of this $15,010 cost is reimbursed to the City ofChula Vista by the Sweetwater Union High School District. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City ofChula Vista and the YMCA of San Diego County South Bay Branch for the provision of after-school program hours at Hilltop, Chula Vista, Rancho del Rey, and Castle Park Middle Schools, a copy of which will be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute the MOU on behalf of the City ofChula Vista. Presented by Approved as to form by ~~~~~ Ann Moore City Attorney Buck Martin Director of Recreation 5-29 H:\Attollley\Final Resos\20Q7\1 9 07\YMCA South Bay Branch FY07 - Reso E.doc 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~\ Ann Moore City Attorney Dated: bl.UV\ 3. 'Z..<:101 I Agreement between the City of Chula Vista and YMCA of San Diego County South Bay Branch for the Provision of After-School Program Services at Four Middle Schools 5-30 e... AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND YMCA OF SAN DIEGO COUNTY SOUTH BAY BRANCH A NONPROFIT PUBLIC BENEFIT CORPORATION For the provision of after-school program services at four middle schools THIS AGREEMENT, by and between the City of Chula Vista, a municipal corporation (hereinafter "City"), and YMCA of San Diego County South Bay Branch, a nonprofit Public Benefit Corporation (hereinafter referred to as "YMCA") to provide after-school services ("YMCA Program") at, Castle Park, Chula Vista, Hilltop, and Rancho Del Rey Middle Schools ("Middle Schools") during the time school is in session between July 1, 2006 and June 30, 2007; WITNESSETH WHEREAS, coordinated after-school programs are currently provided at Castle Park, Chula Vista, Hilltop, and Rancho Del Rey Middle Schools by staff from the City, YMCA, South Bay Community Services ("Middle School Staff'), and staff from the Middle Schools ("School Coordinators"); and WHEREAS, the purpose of this Agreement is to have the City and YMCA establish a formal working relationship, and delineate the responsibilities of the YMCA to provide a YMCA Program at the Middle Schools and the compensation to be provided. NOW, THEREFORE, the parties hereto do mutually agree as follows: I. RESPONSIBILITIES OF THE YMCA YMCA shall perform the following: 1. Promote and foster a positive environment for the development of a successful after-school program at the Middle Schools. 2. Attend bi-weekly School Coordinator's meetings at each school to discuss program goals and effectiveness. 3. Provide a YMCA Program, at each school, of ten (10) hours per week for a 39 week session during the school year; and ten (10) hours of staffing for Special Event programs (an event which departs from the routine, and is considered a program highlight), during the time period of the Agreement. 4. It is agreed that the YMCA will absorb other necessary expenses for required services in connection with the YMCA Program as its portion of the Agreement. 5. Provide a YMCA Supervisor to oversee and coordinate the after-school program, in cooperation with Middle School staff. II. RESPONSIBILITIES OF THE CITY City shall perform the following: 1. Pay to the YMCA an amount up to $15,010 for the YMCA to provide the YMCA Program at Middle Schoois. Page 1 of 3 5-31 III. COMPENSATION The City agrees to pay YMCA the sum of up to $15,010 to support after-school program services at four middle schools. It is the expectation of the parties that the funds are intended only to pay for staffing expenses. The amount set forth above is based on $3,753 per year for all four Middle Schools stated above. The City will disburse funds after submittal of a quarterly invoice as detailed below (on October 1, 2006; January 1, 2007; April 1, 2007; and June 1, 2007. All invoices must be accompanied by a computer-generated (not spreadsheet) report. All invoices shall include Financial Summary Sheets, staff names, positions, hourly rates, costs and any other information as may be required by the Director of the Recreation.Department. IV. TERMINATION The term of this Agreement shall be July 1, 2006 through June 30, 2007 for services to be provided during the School Year of July 17, 2006 through June 15, 2007. Either party upon sixty- (60) day advance written notice may terminate this Agreement. V. HOLD HARMLESS I INSURANCE 1. INSURANCE AND INDEMNIFICATION Throughout the term of the Agreement, at YMCA's sole cost and expense, YMCA shall keep or cause to be kept in full force and effect, for the mutual benefit of City and YMCA, comprehensive, broad form, general commercial liability insurance against claims and liability for personal injury, death, or property damage arising from YMCA's operations, providing protection of at least Two Million Dollars ($2,000,000) combined single limit. All insurance required by this provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and rated A-5 or better in Best's Key Ratings, or the substantial equivalent satisfactory to the Risk Manager of the City of Chula Vista. YMCA agrees the City, its elected officials, officers, and employees shall be named additional insured on all such policies. All such policies shall contain language, to the extent obtainable, to the effect that (1) the insurer waives the right of subrogation against City and City's agents and representatives, (2) the policies are primary and noncontributing with any insurance that may be carried by City, and (3) they cannot be canceled or materially changed except after thirty (30) days notice by the insurer to the City. YMCA shall furnish City with certificates and policy endorsements evidencing the coverage outlined in this section. YMCA agrees to hold harmless the City, their elected and appointed officers, trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attorney's fees) arising out of the performance of this subcontract by the parties, their agents, employees or others except for only those claims arising from the sole negligence or sole willful misconduct of City, its officers, agents, or employees. It is understood that such indemnity shall survive the termination of this agreement. 2. PERMITS/CHARGES YMCA shall, at its sole cost and expense, obtain any and all other governmental permits, approvals, or concurrences required. Further, YMCA agrees that it shall promptly pay all charges required from private persons or corporations for which it is responsible, including, but not limited to food, beverage and services and supply purchases, relating to providing a YMCA Program at the Middle Schools. 3. TRANSFER OR ASSIGNMENT YMCA shall not assign or transfer this permit or any interest therein, nor shall this Agreement be subject to transfer or assignment by any court in any proceeding in which the YMCA is involved without the Director of Recreation's prior written approval of such assignment or transfer. Page 2 of 3 5-32 VI. FINGERPRINT CLEARANCE Each party is responsible for fingerprinting its employees who will be working with students. If the City or YMCA discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status and/or duties will be altered to comply with all local, state, and federal laws/regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day indicated in the terms of the Agreement. Dated: ,2006 THE CITY OF CHULA VISTA YMZ:::;;? ~aY Bran~h Richard A. Collato, President & CEO Stephen C. Padilla, Mayor Approved as to form by: Ann Moore City Attorney Attest: Susan Bigelow, City Clerk Page 3 of 3 5-33 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE YMCA OF SAN DIEGO COUNTY FOR THE PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT CASTLE PARK MIDDLE SCHOOL AND HILLTOP MIDDLE SCHOOL, AMENDING THE FISCAL YEAR 2007 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $8,371 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the YMCA of San Diego County has requested that the Recreation Department provide after-school programming at Castle Park Middle School and Hilltop Middle School as part of the Critical Hours Program via a Memorandum of Understanding [MOU], for $8,371; and WHEREAS, the YMCA Youth and Family Services has awarded the City, through its Recreation Department, a $8,371 contract for the provision of enhanced after-school programming at Castle Park Middle School and Hilltop Middle School; and WHEREAS, the funding is part of a grant applied for and received by the Chula Vista Youth Coalition from the County of San Diego Critical Hours funding; and WHEREAS, the YMCA is the designated fiscal agent for the grant, and as such, is subcontracting various services to be provided by several Youth Coalition members. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the Memorandum of Understanding between the City of Chula Vista and the YMCA of San Diego County for the provision of after-school program hours at Castle Park Middle School and Hilltop Middle School, a copy of which will be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Fiscal Year 2007 Recreation Department budget is hereby amended by appropriating $8,371 in unanticipated revenue. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute the MOU on behalf of the City ofChula Vista. Presented by Approved as to form by Buck Martin Director of Recreation ~}<li'\\.~'f~~ Ann Moore City Attorney H:\Attomey\Final Resos\2007\1 9 07\YMCA FY07 - Reso F.doc 5-34 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~<:If\i\ ~~ Ann Moore City Attorney Dated: b-ll\. _3 . 'LJJcil , Subcontract between the YMCA of San Diego County Youth & Family Services - School Outreach Services and the City of Chula Vista 5-35 F SUBCONTRACT BEnNE EN THE YMCA OF SAN DIEGO COUNTY, YOUTH & FAMILY SERVICES - SCHOOL OUTREACH SERVICES AND THE CITY OF CHULA VISTA This Subcontract, entered into on this day of . 2006, by and between the YMCA of San Diego County - Youth & Family Services ("YMCA"), a California Non-Profit Public Benefit Corporation, 4080 Centre Street, #101, San Diego, CA 92103, hereinafter referred to as YMCA and the City of Chula Vista, 276 - 4th Ave, Chula Vista, CA 91910 ("City"). RECITALS WHEREAS, the County of San Diego ("County") has established the Critical Hours Program, which purpose is to provide after school sports, recreation activities and specialized classes to students during the hours of the day when most parents are still at work; and WHEREAS, the County has contracted with the YMCA to implement this program in schools throughout the County; and WHEREAS, the YMCA and the City desire to work cooperatively to operate the Critical Hours Program at Castle Park and Hilltop Middle Schools, which are part of the Sweetwater Union High School District (hereinafter "District"); and WHEREAS, to effectuate this goal, the YMCA is subcontracting with the City to provide after school sports, recreational activities, and specialized classes to students at the Middle Schools; and WHEREAS, the purpose of this Subcontract is to establish a formal working relationship between the YMCA and the City, based upon the policy , set forth in the Critical Hours Program contract between the County and YMCA. NOW, THEREFORE, the Parties hereto do mutually agree as follows: I. RESPONSIBILITIES OF THE YMCA The YMCA shall perform the following: A. Fiscal Lead Agency 1. YMCA shall serve as the lead fiscal agency in obtaining funds for the administration and operation of the Critical Hours Program at Castle Park and Hilltop Middle Schools. 5-36 2. Administer and report back to the funding source, the County, on the objectives outlined in the Critical Hours contract. B. Program staffing. The YMCA agrees to provide the following staff to meet the Critical Hours objectives: Regional Coordinator to oversee both sites and one Site Supervisor and one Youth Outreach Leader per site. C. Program Management - as per contract with the County. D. Program Monitoring - as per contract with the County. E. Program Evaluation - as per contract with the County. II. RESPONSIBILITIES OF THE CITY The City shall perform the following services at Castle Park and Hilltop Middle Schools: A. Provide sports and recreational activities similar to the existing after school program to students participating in the Critical Hours-funded after school program. Planned activities include sports, crafts, homework help, games, special events, field trips, and specialized classes. The program shall be free to all participants. B. Allocate Recreation Department staff time to after school programs at Hilltop Middle School and at Castle Park Middle School as outlined in Attachment A. C. Provide contractual classes in the area of recreation, as needed, as an incentive for youth participating in Critical Hours programs at both Castle Park and Hilltop Middle Schools. D. Adhere to all program objectives as required by the County-YMCA Critical Hours contract. E. Notify YMCA Critical Hours Site Supervisors should staff be unable to attend any of the required days or if contractual services schedules need to be changed. F. Staff shall attend all trainings for Critical Hours and other appropriate trainings provided by the Chula Vista Youth Coalition. This Coalition is comprised of all of the agencies involved with the Middle School after school program. 2 5-37 G. Staff shall participate in community events such as Safe Nights, school orientations and other events sponsored by the Chula Vista Youth Coalition. III. COMPENSATION A. The YMCA agrees to compensate the City the sum of up to $8,370.86 from the Critical Hours Program funds granted to the YMCA by the County to pay for the City staff time actually expended to perform the after school programs which are the subject of this Subcontract. The only City services/expenditures eligible for payment are those costs outlined in Attachment A. Payment will be made only upon submittal of an invoice as detailed below. This is also contingent upon the program being operational from September 5, 2006 - June 15, 2007. All invoices must be accompanied by a computer-generated (not spreadsheet) report for the funds being requested for reimbursement. A trial balance sheet, general ledger or a report that shows revenue and expense for this Subcontract shall be accepted. All invoices shall show staff names, positions, hourly rates, and costs. B. Transfer payments shall be made to the City within one month of the YMCA receiving payment from the County and is contingent upon receipt of monthly statistical reports, Attachment 3 - CSA Debarment and OIG Exclusion List Check, and the computer-generated report detailing all program-related expenses. Failure to send in the requested required Debarment form, and computer-generated report shall result in a delay of payment. IV. TERMITERMINATION A. The term of this Subcontract shall commence on September 5, 2006 and continue through June 15, 2007. This Subcontract may be terminated by either party upon thirty (30) day advance written notice. V. AMENDMENTS A. Amendments to this Subcontract may only be made through a mutual written agreement by both parties. 3 5-38 VI. HOLD HARMLESS INDEMNIFICATION A. Each party agrees to hold harmless the other, their elected and appointed officers, trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attorney's fees) arising out of. the performance of this Subcontract by the parties, their agents, employees, subcontractors or others, except for only those claims arising from the sole negligence or sole willful misconduct of either party, or their officers or employees. It is understood that such indemnity shall survive the termination of this Subcontract. B. The City shall be maintain a $2 million in liability insurance and shall name the YMCA of San Diego County as additionally insured. VII. FINGERPRINT CLEARANCE A. Each party is responsible for fingerprinting its employees who will be working with students. If the City or Middle Schools discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status and/or duties will be altered (to the extent allowed by law) to comply with all local, state, and federal laws/regulations. IN WITNESS WHEREOF, the City and the YMCA have executed this Subcontract thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: By ~P('cJd Title CFo Date /z{I'o/~' City of Chula Vista By Cheryl Cox, Mayor Date Approved as to form by: Ann Moore, City Attorney 4 5-39 Attachment A City of Chula Vista Recreation Department Staffing For Additional After- School Programs At Hilltop and Castle Park Middle Schools The City shall provide the following staff and hours for the period of September 5, 2006 through June 15, 2007, on the days that school is in session, funded by the Critical Hours Grant: Hilltop Middle School Fall: Monday and Wednesday 3: 15 - 5: 15pm for 15 weeks Winter and Spring: Monday and Wednesday 3:15 - 5:15 pm for 23 weeks Recreation Specialist - 152 hours = $2,283.97 Recreation Leader - 152 hours = $1901.46 Total: 304 hours = $4,185.43 Castle Park Middle School Fall: Tuesday and Thursday 3:15 - 5:15pm for 15 weeks Winter and Spring: Tuesday and Thursday 3:15 - 5:15pm for 23 weeks Recreation Specialist - 152 hours = $2,283.97 Recreation Leader - 152 hours = $1901.46 Total: 304 hours = $4,185.43 Grand Total: $8,370.86 5 5-40 T MEMORANDUM OF INSURANCE !ISSUE DATE 12/11/2006 ALLlANT INSURANCE SERVICES, INC. THIS MEMORANDUM IS ISSUED AS A MATTER OF P.O. BOX 6450 INFORMATION ONLY AND CONFERS NO RIGHTS UPON NEWPORT BEACH, CA 92658-6450 THE MEMORANDUM HOLDER. THIS MEMORANDUM (949) 756-0271 DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE SHOWN BELOW. SAN DIEGO POOLED INSURANCE COVERAGE AFFORDED BY . INSURED PROGRAM AUTHORITY AND MEMBER AGENCY OF: LETTER A: INDIVIDUAL CITY'S SELF-INSURED RETENTION CITY OF CHULA VISTA 276 FOURTH AVENUE LETTER B: "San Diego Pooled Insurance Program Authority, A Public CHULA VISTA, CA 91910 Agency." , MEMBER AGENCY OF THE SAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY COVERAGE PER CA. GOVERNMENT CODE SECTION 990.4(a), 990.8(c) THIS IS TO CERTIFY THAT A MEMORANDUM OF INSURANCE BELOW HAS BEEN ENTERED INTO BY INSURED NAMED ABOVE AS AUTHORIZED BY CALIFORNIA GOVERNMENT CODE SECTION 990.4(a) AND 990.8(c) FOR THE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE CONTRACT DESCRIBED HERE IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF THE SUCH CONTRACT. MEMORANDUM MEMORANDUM MEMORANDUM LIABILITY LIMITS IN THOUSANDS LTR TYPE OF COVERAGE NUMBER EFFECTIVE EXPIRATION EACH DATE DATE OCCURRENCE AGGREGATE A GENERAL AND SELF INSURED 07/01/06 07/01/07 AUTOMOBILE LIABILITY BI&PD 250, N1A COMBINED PERSONAL INJURY INCL. B EXCESS LIABILITY" SDC 0021 07/01/06 07/01107 BI&PD COMBINED 1,750, .. THE ABOVE NOTED MEMORANDUM OF INSURANCE IS A CLAIMS-MADE CONTRACT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS I CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED ONLY AS RESPECTS TO SCHOOL OUTREACH SERVICES; CRITICAL HOURS PROGRAM AT CASTLE PARK AND HILL TOP MIDDLE SCHOOLS. AGREEMENT 9/5/06 TO 06/15/07. SUBJECT TO POLICY TERMS CONDITIONS AND EXCLUSIONS. AI MEMORANDUM HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED CONTRACTS BE CANCELLED BEFORE THE EXPIRATlON DATE THEREOF, THE AUTHORITY WILL ENDEAVOR TO MAIL 30 DAYS' WRITTEN NOTICE TO THE HOLDER NAMED HEREON BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORITY, OR ITS REPRESENTATIVES. EXCEPT 10 DAYS FOR NOn.PAYMENT OF PREMIUM. YMCA OF SAN DIEGO COUNTY YOUTH & FAMILY SERVICES 4080 CENTRE STREET #101 AUTHORIZED SIGNATURE I SAN DIEGO, CA 92103 ~ C c/r?r;;- G:\JPUnit\Sandpipa\Sd-Uability\Sd-Uab-cer\_Sd Pool Liab Cert-PrLdoc 5-41 Endorsement Per Contract Effective 7/1/06 Contract Number SDC 0021 ADDITIONAL INSURED ENDORSEMENT In consideration of the payment of premium, it is agreed for claims occurring and reported after 7/1/98, that the following amendments I additions apply: 1. Section III - Persons and/or Entities Covered, is amended to include any person(s) or organization(s) when required in a written contract or agreement to provide coverage but only for Personal Injury or Property Damage liability which: a. is covered by this Memorandum ofInsurance; and b. arises out of: 1. the normal course of the Named Covered Party's operations; or 2. ownership, maintenance or use of that part of the premises or land rented to or leased to and occupied by, the Named Covered Party; or 3. work performed for that Covered Party by the Named Covered Party; or 4. that Covered Party's financial control of the Named Covered Party; or 5. the maintenance, operation or Use by the Named Covered Party of any equipment or Automobile leased to you by such person(s) or Organization(s). 2. The limits of coverage afforded to such person(s) or organization(s) will be: a. the minimum limits of coverage which the Named Covered Party agreed to provide; or b. the limits of coverage of this Memorandum of Insurance, whichever is less. 3. Coverage provided under this Endorsement may be primary over any applicable insurance, and the Authority may provide a notice of cancellation if requested. 4. Coverage provided under this Endorsement expires: a. when the written contract or agreement ceases; or b. when the Named Covered Party ceases to be a tenant in the premises. Attached to and forming part of Contract number SDC 0021 of the San Diego Pooled Insurance Program Authority Memorandum ofInsurance. By: day of December, 2006. ~ C clYtr;r- Authorized Representative Dated at: NewDort Beach this 11 OcUPUNmSANDPIPAISo.LlABILITY\SO.L1AB-CERI06-07 _SD-POOL-AI-END.DOC 5-42 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: .=$"i;'f:. CITY OF -~ (HULA VISTA 01/09/07 Item L PUBLIC HEARING REGARDING THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO), AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN THE CFD TO THE QUALITIED ELECTORS THEREOF SUBMITTED BY: REVIEWED BY: CITY ENGINEER ~ ~ INTERIMCITYMANAGER Ii 4/5THS VOTE: YES NO X BACKGROUND On November 21, 2006, the City Council initiated proceedings for the formation of CFD No. 13M by adoption of Resolutions 2006-349 through 2006-351. Tonight's action will be the next step in the proceedings to establish CFD No. 13M. This district will fund the perpetual operation and maintenance of (a) landscaping including, but not limited to, parkways, medians and slopes; (b) facilities that are directly related to storm water quality control; (c) walls and fencing; (d) trails; ( e) pedestrian bridges, including, but not limited to, graffiti removal; and (f) public lighting facilities. The City has retained the services of MuniFinancial as special tax consultant and Best, Best and Krieger, LLP as legal counsel to provide assistance during the proceedings. 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 because the creation of government funding mechanism is not considered a 6-1 1/9/07, Item~ Page 2 of6 project; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council: 1. Open Public Hearing and receive testimony from the public, 2. Close the Public Hearing, 3. Approve the resolution forming and establishing Community Facilities District No. 13M (Otay Ranch Village Two), and authorizing submittal of levy of special taxes within the CFD to the qualified electors thereof. BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION On January 13, 1998, Council adopted the "City of Chula Vista Statement of Goals and Policies regarding the establishment of Community Facilities Districts" (the "Goals and Policies"). The approval of this document ratified the use of CFDs as a public financing mechanism for (1) the construction and/or acquisition of public infrastructure, and (2) the financing of authorized public services. Taxes levied by maintenance districts, such as CFD No. 13M, are currently excluded from the 2% maximum tax criterion set forth in the Goals and Policies. On April 28, 1998, Council, acting under its Charter authority, enacted the "Chula Vista Community Facilities District Ordinance" (the "Ordinance"). The Ordinance adopted the Mello-Roos Act with modifications to accomplish the following: 1) incorporate all maintenance activities authorized by the "Landscaping & Lighting Act of 1972" ("1972 Act"), 2) include certain maintenance activities not listed in the "Mello-Roos Act" or the "1972 Act", and 3) establish an operating reserve fund for open space districts. CFD 13M will provide the necessary funding for the operation and maintenance of public landscaping and storm water quality, walls, fencing, trails, pedestrian bridges, and lighting improvements serving Otay Ranch Village Two by levying an annual "special tax", which is collected from the property owners within CFD 13M in conjunction with the property taxes. There is no direct cost to the City. All expenses related to the district administration, including levying and collecting the special taxes, are also funded from such special taxes. The proposed CFD No. 13M is consistent with the above-mentioned Ordinance and the Goals and Policies. In addition, the staff and developer have met to discuss, review and clarify the intent of the Goals and Policies and Ordinance, the proposed special tax rates and the methodology for the apportionment of the special taxes. Any matters raised by the developers have been discussed and solutions, satisfactory to all parties, were incorporated in the "Rate and Method of Apportionment" (the "RMA") presented at the November 21, 2006, Council meeting. 6-2 1/9107, Item~ Page 3 of6 During its November 21,2006 meeting, the City Council approved Resolution No. 2006- 351, which ordered the preparation of a Community Facilities District Report ("Report") See Exhibit "A". The Report includes the following information in greater detail: Area of Benefit The proposed boundaries of CFD No. 13M encompass parcels located within Village Two, an Urban Village of approximately eight-hundred and, eleven (810.9) acres located south of Olympic Parkway between future Heritage Road and La Media Road, and north of Wolf Canyon (see Exhibit "B", Otay Ranch Village Two Vicinity Map). Otay Project, LP., Otay Ranch Investments, LP, Rancho Mesa, LP, the City of San Diego (for their regional water line), and seventeen other entities own the property within the proposed district. Otay Ranch Village Two is proposed to contain approximately 1,310 single- family detached homes and 1,476 multi-family units (365.60 residential acres), industrial areas (94.70 acres) and a commercial area (12.50 acres), a public school (10.30 acres), three neighborhood parks (15.40 acres), one community park (44.60 acres), and several Community Purpose Facility ("CPF") properties (6.30 acres). The Otay Landfill area located to the southwest of the village will be excluded from the CFD. Staff has reviewed the recorded boundary map and has found it acceptable and ready for approval by Council. A reduced copy of the map is presented in the Report. Description of the hnprovements to be Maintained The proposed CFD No. 13M will fund the operation and maintenance of the public landscaping, storm water treatment, walls and fencing, trails, pedestrian bridges, and lighting improvements within Otay Ranch Village Two. The list of the improvements is presented in the report. Cost Estimate The estimated annual budget for CFD No. 13M, presented on November 21, 2006, is approximately $3,305,251. This budget includes a total of $2,963,294 for landscape, storm water quality, walls and fencing, trails, pedestrian bridges, and lighting maintenance, $41,480 for CFD administration (preparing reports, levying and collecting taxes, public assistance, etc.) by the Engineering Division or their designee, and an additional $300,477 to fund an operating reserve for maintenance. Staff (Public Works/Operations and Engineering) and MuniFinancial have reviewed and approved the proposed budget. The detailed budget is included in the Report. Proposed Special Tax CFD 13M has five proposed categories of taxation, as follows: 1. Residential Developed Parcels (Single Family and Multi-Family Residences) are taxed based on the square footage ofthe structure. 2. Industrial and Commercial Parcels are taxed on the acreage of the parcel. 3. The Final Mapped properties, which include all single-family residential parcels and all industrial and commercial parcels, for which a building permit has not been issued, are taxed on acreage of the parcel. 4. Vacant land (Other Taxable property) is taxed on acreage of the parcel. 6-3 1/9/07, Item~ Page 4 of6 5. The Exempt Category includes all publicly owned parcels, Homeowner's Association parcels, and certain CPF property owned by non-profit organizations. Developed Parcels are those parcels for which a building permit has been issued. The proposed maximum special tax rate in the RMA on all Developed Parcels was determined by dividing the estimated annual budget at b'uild out (plus an operating reserve allocation of 10% of the annual budget) by the total estimated development at build out. For residential property, residential building square footage was used and for non-residential property, industrial and commercial estimated acreage was used. The proposed maximum special tax rate in the RMA on vacant land has been determined by dividing the estimated annual budget at build out (plus a reserve allocation of 10% of the annual budget) by the estimated net lot acreage within the district. Collection of Taxes At the beginning of each fiscal year the City shall determine the amount of the Special Tax Liability (budget plus reserve) of the CFD. Then, the special taxes will first be levied on the Residential and Non-Residential Developed Parcels. If this pool of funds is not enough to fund the Special Tax Requirement, as may be the case in the early years of development, the district will levy the special tax on the vacant land starting with Final Mapped Property. The buffer of having the vacant land covering any portion of the Special Tax Requirement not funded from special taxes levied on Residential and Non- Residential Developed Parcels will disappear once the area has been fully developed. If the Special Tax Requirement for any fiscal year is less than the maximum special tax authorized to be levied on the Developed Parcels, the actual rate of the special taxes to be levied in that specific year will be reduced accordingly. Following is a brief discussion of some key issues regarding the "Rate and Method of Apportionment (RMA) of Special Taxes": The maximum special tax rates shall be adjusted each year for inflation using a factor equal to the greater of the annual percentage increase, if any, in the San Diego Consumer Price Index (CPI-D) or 4%. The Ordinance requires that the developer maintain the landscape improvements for the minimum period of one year following their completion. During this period the district will collect the special taxes with the purpose of building up a six month operating reserve. The RMA provides that the annual budget for any year may include an amount deemed necessary to maintain an adequate level of this operating reserve fund. The maximum special tax rates are based on the best estimate by the developer of the building square footage of residential development and the acreage of non-residential (industrial and commercial) development within CFD 13M (reduced by 5%). This reduction in estimated total square footage of residential development and in estimated acreage of non-residential development has the net result of raising the maximum special 6-4 1/9/07, Item~ Page 5 of6 tax that can be levied on future residential parcels and on future non-residential (industrial and commercial) parcels to avoid a possible shortfall in special tax revenue in the event that the actual square footage of residential development or the actual acreage of non-residential (industrial and commercial) development is less than the projected square footage or acreage on which the computation of the special tax rates has been based. If the actual square footage or acreage of development meets or exceeds the proj ections on which the special tax rates were based, the actUal special tax rate necessary to be levied annually to fund the Special Tax Liability may be less than the authorized maximum special tax. The annual budget used to calculate the special tax rates are only the "best estimates" of the cost of maintenance at buildout. There is always a risk that actual expenses in future years may be higher than the total maximum collectable special taxes. This may result in reduced levels of maintenance of landscaping, unless the property owners approve an increase in the special tax rates (2/3 voter approval is required), which is considered unlikely. Staff believes, however, that the proposed maximum special tax rates contain enough of a cushion in the operating reserve, the inflation adjustment, and the assumed reduction of total square footage of residential development and total acreage of non- residential (industrial and commercial) development to minimize the risk of future special tax revenue shortfalls. Proposed Maximum Annual Special Taxes The proposed maximum annual special tax rates for fiscal year 2006/07 for a typical dwelling unit within CFD 13M are as follows: Unit T e with Avera e S uare Foota e Single-Family Detached (Average Product Proposed 2,836 S uare Feet) Multi-Family Attached (Average Product Proposed 1,416 S ltare Feet) Vacant Land Otay Ranch Village Two $1,248.26 er unit $623.32 er unit $7,358.74 per acre Resolution There is one resolution on today's agenda, which, if adopted, will accomplish the following: The RESOLUTION OF FORMATION is the formal action of the City Council forming and establishing CFD No. 13M and authorizes the electors to vote on the special taxes. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. 6-5 1/9/07, 1tem~ Page 60f6 FISCAL IMPACT All costs off ormation of the district are being borne by the developers and the on-going administration will be funded entirely by the district. The City will recover the full cost of stafftime expended in district formation and administration activities in perpetuity. EXHIBITS: A. Community Facilities District Report B. Otay Ranch Village Two Vicinity Map Prepared by: Boushra Salem, Senior Civil Engineer, Engineering Department 6-6 r"EX~~8ITj A CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRJCT NO. 13M (OTAY RANCH VILLAGE Two) COMMUNITY FACILITIES DISTRICT REPORT ~{f?- ~ ~~................... ........ '........ --:;.,.. ""- <- ---- CllY Of CHU<lA VISTA Submitted: January 9,2007 MuniFinancial Corporat' Office 27368 Via Industria Suite 110 T emecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 Office ucations Anaheim, CA Lancaster, CA Los Angeles Regional Office Seattle, W A Oakland, CA Phoenix, AZ Sacramento, CA San Diego, CA www.mum.com 6-7 CITY OF CHULA VISTA CITY COUNCIL " CHERYL COX, MAYOR STEVE CASTANEDA, COUNCILMEMBER JOHN MCCANN, COUNCILMEMBER RUDY RAMIREZ, COUNCILMEMBER JERRY R. RINDONE, COUNCILMEMBER INTERIM CITY MANAGER JIM THOMPSON 6-8 COMMUNITY FACILITIES REPORT CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 2006-1 TABLE OF CONTENTS PAGE INTRODUCTION...................................................................................... 1 DESCRIPTION OF SERVICES ....................................................................2 Services 2 Substitution of Facilities 2 BOUNDARIES OF COMMUNITY FACILITIES DISTRICT ...................................3 COST ESTIMATES..................................................................................4 RATE AND METHOD OF ApPORTIONMENT OF SPECIAL TAX ........................5 GENERAL TERMS AND CONDITIONS .........................................................6 Services 6 CONCLUSION ................................ ..... .......... ....................... ....................7 ApPENDIX A: RATE AND METHOD OF ApPORTIONMENT OF SPECIAL TAX A-1 ApPENDIX B: BOUNDARIES OF THE CFD AND MAP ............................... B-1 Boundaries of CFD B-1 Boundary Map B-1 Site Location B-1 ApPENDIX C: COST ESTIMATES .......................................................... C-1 Landscaping and Lighting Maintenance C-1 Storm Water Quality Maintenance C-7 Total Annual Budget C-7 6-9 City of Chula Vista Communi!] Facilities District No. 13M (Otay Ranch ViUaJ(' Two) INTRODUCTION WHEREAS, the City Council of the City of Chula Vista (hereinafter referred to as the "Agency" or "legislative body of the local Agency''), in the State of California, did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5 of Part 1, of Division 2, of Title 5 of the Government Code of the State of California ("Act"), and specifically Section 53321.5 thereof and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California ("Ordinance") (the Act and Ordinance may be referred to collectively as the "Community Facilities District Law"), expressly ordered by adoption of Resolution No. 2006-351 the filing of a written Community Facilities District Report ("Report") with the Agency for a proposed Community Facilities District, which shall be referred to as Community Facilities District No. 13M (Otay Ranch Village Two), (hereinafter referred to as "CFD No. 13M"); and WHEREAS, the Report generally contains the following: a. a description of the Services by type which are required to adequately meet the needs of CFD No. 13M; b. an estimate of the cost of providing the Services, including incidental expenses and all other related costs including but not limited to the detennination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the Agency with respect to CFD No. 13M and any other expenses incidental to the maintenance and inspection of the authorized work to be paid through the proposed special taxes; c. the rate and method of apportionment of the special tax in sufficient detail to allow each property owner within the proposed CFD No. 13M to estimate the maximum annual amount of payment. For particulars, reference is made to the Resolution of Intention (Resolution No. 2006-350) and the Resolution Ordering the Preparation of the Community Facilities District Report (Resolution No. 2006-351) previously approved. NOW THEREFORE, MuniFinancial, the appointed responsible firm directed to prepare the Report, pursuant to the provisions of the Code, does hereby submit the following: II MuniFinancial Page 1 6-10 City of Chula Vista Communiry Facilities District No. 13lvI (Otay &neb Villa;!" Two) DESCRIPTION OF SERVICES SERVICES The public services described below are proposed to be maintained by Community Facilities Disrtict No. 13M: The maintenance of (a) landscaping, including, but not jimited to, parkways, medians and slopes; (b) facilities that are directly related to storm water quality control; (c) walls and fencing; (d) trails; (e) pedesrtian bridges, including, but not limited to, graffiti removal; and (f) public lighting facilities, including, but not limited to, pedestrian lighting and decorative or ornamental public lighting (collectively the "Improvements"). Such maintenance shall include, but not be limited to, the provision of all labor, material, administration, personnel, equipment and utilities necessary to maintain such Improvements. The landscape maintenance, lighting maintenance, and storm drain maintenance allow for the collection of reserve fund and administration costs. For a detailed description of the improvements and their estimated locations and costs, please refer to "Appendix C". SUBSTITUTION OF FACILITIES The description of the Facilities and Services, as set forth above, is general in its nature. The fInal nature and location of the Facilities and Services will be determined upon the preparation of fInal plans and specifIcations. The final plans may show substitutes in lieu of, or modifIcation to, the proposed Facilities and Services in order to provide the public facilities necessitated by development occurring in the CFD, and any such substitution shall not be a change or modification in the proceedings as long as such substitute facilities and services serve a function or provide a service substantially similar to that function served or the service provided by the Facilities and Service described above. II MuniRnancial Page 2 6-11 City of Chu/a Vist. Communiry Faaiities District fllo. 13lv! (Otay &nch Vi//a~, T lVO) BOUNDARIES OF COMMUNITY FACILITIES DISTRICT The boundaries of CFD No. 13M coincide with previously established parcels as shown on the latest County Assessor maps or approved parcel maps and include ill properties on which special taxes may be levied to pay for the costs of services. The boundaries of CFD No. 13M are described in "Appendix B", reduced scale maps entitled "Proposed Boundaries of Community Facilities District No. 13M (Otay Ranch Village Two)" which are attached hereto and incorporated herein. A full-scale map is on file 'With the Clerk of the City of Chula Vista and was recorded on December 4, 2006, 'With the County Recorder, County of San Diego in Book 40 page 94 in the Book of Maps of Assessment and Community Facilities Districts, Document Number 2006-0858546. III MuniRnancial Page 3 6-12 City of Chula Vista Community Facilities Distn.ct No. 131vI (Otrry Ranch Vz]laJ!.e Two) COST ESTIMATES The establishment of CFD No. 13M was required to fund the perpetual operation and maintenance of public landscaping, storm water quality, walls, fencing, trails, pedestrian bridges, and lighting improvements associated with Otay Ranch Village Two. The initial budget is estimated to be approximately $3,305,251. : For the description, estimated location, and more detailed cost estimate of the improvements, please refer to "Appendix C". mMuniFinancial Page 4 6-13 Ciry of Ch.1a Vista Community Facilities Distn.ct No. 13M (Otar &mch Villa!!! Two) RATE AND METHOD OF ApPORTIONMENT OF SPECIAL TAX The Resolution ofIntention (Resolution No. 2006-350) generally sets forth the rates and methods of apportionment of the special tax, which allows each property owper within the proposed CFD to estimate the annual amount that would be required for payment if a special tax were levied. For particulars of the rates and methods of apportionment, see "Appendix A", Rate and Method of Apportionment of Special Tax. BMuniFinancial Page 5 6-14 City if Chulo Vista Community Facilities District rIo_ 13M rota-; Ranch Vi/Ioy" Two) GENERAL TERMS AND CONDITIONS SERVICES The description of the Services, as set forth herein, is general.in nature. The final nature and location of the facilities that will be maintained will be determiDed upon the preparation of final plans and specifications or the approval of services. iii MuniRnancial Page 6 6-15 Ci~, of Chu/a Vista CommunitJ Facilities District No. 13M (Ota)' &nch Vi//aJ(' T IVO) CONCLUSION Based on information provided by, and discussions with, the City and the property owners, the Services and Facilities listed in this Report are those that are necessary to meet increased demands placed on the City as a result of development occurring within th~ boundaries of the City of Chula Vista. Further, it is my opinion that the special tax rates and methods of apportionment as set forth in "Appendix A" are equitable and are not discriminatory or arbitrary and permit a purchaser of property subject to the special tax a fair means of determining his or her obligation. MuniFinancial By: ( Chris Fisher, Principal Consultant ElMuniRnar.cial Page 7 6-16 City of Chula Vista Community Facilities District No. 13M (Otay Ranch Villay.' Two) ApPENDlxA: RATE AND METHOD OF ApPORTIONMENT OF SPECIAL TAX CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO.1 3M (OTAY RANCH VILLAGE TWO) RATE AND METHOD OFAPPORTIONMENT RMuniFinancial Page A -0 6-17 CommuniryFaciiities District No. 13M (Otcry Ronch Village Two) City ofChula Vista EXHIBIT A: RATE AND METHOD OF ApPORTIONMENT CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO.1 3M (OTAY RANCH VILLAC3ETWOj A Special Tax of Community Facilities District No. 13M (Otay Ranch Village Two) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels of Taxable Property within the CFD and collected each Fiscal Year commencing in Fiscal Year 2007-2008 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CPD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFlNITIDNS The terms hereinafter set forth have the following meanings: "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 ofTicle 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes, including salaries of City employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the formation and administration of the CFD; the costs of collecting instaDments of the Special Taxes; and any other costs required to form or administer the CFD as determined by the City. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. II MuniRnancial Page A-l 6-18 Communi!) F acilitie.r Di.rtrial'lo. 13M (Ota.) Ranch Village Two) City of Chula Vtst. "CFD" means Community Facilities District No. 13M (Otay Ranch Village Two) of the City of Chula Vista. "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista' or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Property" or "CPF Property" means all Assessor's Parcels which are classified as community purpose facilities, as defined in the City of Chula Vista Ordinance No. 2883. "Council" means the City Council of the Gty of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit is issued prior to the March 1 st preceding the Fiscal Year in which the Special Tax is being levied. "Final Map Property" means any residential or non-residential lot created by a Final Subdivision Map, but which is not classified as Developed Property. "Final Subdivision Map" means a subdivision of property creating residential or non- residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table 1 or Table 2. "Landscape Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain authorized landscaped improvements, walls and fencing, trails, and pedestrian bridges within the public right-of-ways, parkways, slopes, wetlands and other public easements/improvements within or outside the CFD. "Landscape Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance applicable to the CFD for such Fiscal Year. "Lighting Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain authorized lighting improvements including, but not limited to, pedestrian lighting and decorative or ornamental street lights within the public eMuniRnancial Page A-2 6-19 Community Fad5ties District No. 13M (Ot'!]fulnch Vilhg' Two) City 0/ Chuh Vista right-of-ways, parkways, slopes, wetlands and other public easements/improvements within or outside the CFD. The lighting improvements may include but are not limited to the cost of providing electrical energy and servicing of lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities including repair, removal, or replacement. "Lighting Maintenance Requirement" means, for any Fisc0. Year in which Special Taxes are levied, the amount equal to the budgeted costs for Lighting Maintenance applicable to the CFD for such Fiscal Year. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a structure or structures for non-residential use. "Operating Fund" means a fund that shall be maintained for the CFD for each Fiscal Year to pay for Landscape Maintenance, Lighting Maintenance, Storm Water Quality Maintenance and Administrative Expenses. "Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable Landscape Maintenance Requirement, the applicable Lighting Maintenance Requirement, and the applicable Storm Water Quality Maintenance Requirement. "Other Taxable Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Final Map Property, or Taxable Property Owners Association Property. "Property Owner Association Property" means any property within the boundaries of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub- association. "Proportionately" means in a manner such that the ratio of the actual Special Tax levied to the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class. For Developed Property, it means that the ratio of the actual Special Tax levied to the Maximum Special Tax is equal for all Assessor's Parcels of Developed Property. For Final Map Property, it means that the ratio of the actual Special Tax levied to the Maximum Special Tax is equal for all Assessor's Parcels of Final Map Property. For Undeveloped Property, it means that the ratio of the actual Special Tax levied to the Maximum Special Tax is equal for all Assessor's Parcels of Undeveloped Property. "Public Property" means any property within the boundaries of the CFD that has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied, that (a) is owned by a public agency, (b) has been irrevocably mMuniRnanciai Page A.] 6-20 Community FaciEties District No. 13M (Otay Ranch l/iilage T IVO) City of Chula Virta offered for dedication to a public agency, or (c) is designated with specific boundaries and acreage on a Final Subdivision Map as property which will be owned by or irrevocably dedicated to a public agency. For purposes of this definition, a public agency includes the federal government, the State of California, the City or any other public entity. "Reserve Fund" means a fund that shall be maintained for th7 CFD for each Fiscal Year to provide necessary cash flow for the first six months of each 'Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. "Residential Dwelling Unit" means each separate residential dwelling unit which comprises an independent facility capable of human habitation separate from adjacent residential units, including but not limited to, single-family homes, duplexes, triplexes, town homes, condominiums, and apartment units. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit( s) has been issued for purposes of constructing one or more Residential Dwelling Units. "Special Tax" means the Special Tax levied pursuant to the provisions of Sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in the CFD to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to: (a) (i) pay the Landscape Maintenance Requirement; (il) pay the Lighting Maintenance Requirement (ill) pay the Storm Water Quality Maintenance Requirement; (iv) pay reasonable Administrative Expenses; (v) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (vi) pay for reasonably anticipated delioquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for funds available to reduce the annual Special Tax levy, including the excess, if any, in the Reserve Fund above the Reserve Fund Requirement. "Square Foot" means the building square footage of assessable internal living space as shown on an Assessor's Parcel's building permit of Residential Property, excluding garages or other structures not used as living space. "State" means the State of California. "Storm Water Quality Maintenance" means the maintenance of authorized detention basins, storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other facilities that are directly related to storm water quality control within or outside the CFD.e "Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Storm Water Quality Maintenance applicable to the CFD for BMuniFinancial Page A-4 6-21 Community Fadlities District No. 13M (Otay Ranch 'Vi/lage Two) City of Cbula Vista the current Fiscal Year in which Special Taxes are levied. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the CFD that are not exempt from the Special Tax pursuant to law or as defined below under "Tax- Exempt Property. "Tax-Exempt Property" means an Assessor's Parcel not sul';ject to the Special Tax. Tax- Exempt Property includes: (~ Public Property, or (ii) Property Owner Association Property excluding Taxable Property Owner Association Property, or (iii) Assessor's Parcels defined as Community Purpose Facility Property that are owned by a non-profit organization and have provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, or (v) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. "Taxable Property Owner Association Property" means all Association Property which is not exempt from the Special Tax pursuant to Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. B. ASSIGNMENT TD LAND USE CATEGDRIES Each Fiscal Year using the definitions in Section A, allTaxable Property within the CFD shall be classified as Developed Property, Final Map Property or Undeveloped Property, and shall be subject to the levy of Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2. Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E below shall be taxed as Non-Residential Property when such Assessor's Parcel is classified as Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other Taxable Property. II MuniFinancial Page A-5 6-22 Community Facilities District No. 13M (Otay Ranch Village Two) City of Chula Vista C. MAXIMUM SPECIAL TAX RATE 1. DEVELOPED PROPERTY TABLE 1 MAXIMUM SPE:CIAL TAX FOR DE:VE:LOPE:D PROPE:RTY COMMUNITY FACILITIE:S DISTRICT No.1 3M (OTAY RANCH VILLAGE: TWO) FISCAL Ye:AR 2006-2007 Land Storm Maximum Use Description Landscape Water Quality Special Tax Class & Lighting Maintenance Maintenance 1 Single Family and $0.424 per Square $0.016 per $0.440 per Multi Family Foot Square Foot Square Foot Residential Propertv 2 Non-Residential $7,079.36 per $279.38 per $7,358.7 4 per Property Acre Acre Acre Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may be classified in more than one Land Use Class; e.g., live/work lofts or similar mixed use developments. The Maximum Special Tax that may be levied on such an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be levied on all Land Use Classes located on that Assessor's Parcel. The CFD Administrator shall determine the allocation to each Land Use Class. II MuniFinancial Page A-6 6-23 Community FaciEti" District No. 13M (Otay &nch Villag' Two) City of Chula Virta 2. UNDEVELOPED PROPERTY TABLE 2 MAXIMUM SPECIAL TAX FOR UNOEVELOPED PROPERTY COMMUNITY FACILITIES DISTRICT NO.1 3M (OTAY RANCH VILLAGE TwO) FISCAL YEAR 2006-2007 Land Landscape Storm Maximum Use Description & Lighting Water Quality Special Tax Class Maintenance Maintenance 3 Final Map Property $7,079.36 per $279.38 per Acre $7,358.74 per Acre Acre 4 Other Taxable $7,079.36 per $279.38 per Acre $7,358.74 per Prooertv Acre Acre 5 Taxable Property $7,079.36 per $279.38 per Acre $7,358.74 per Owner Association Acre Acre Pronertv 3. ANNUAL ESCALATION OF MAXIMUM SPECIAL TAX The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in the CFD shall be increased each Fiscal Year beginning in Fiscal Year 2007 -2008 and thereafter by a factor equal to the greater of, the annual percentage increase, if any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items) as reported by the State of California Department of Finance, or 4%. I!IMuniFinancial Page A.7 6-24 Community Facilities District No. 13M (Ot'!!' &nch Vilhge T IVO) City of Chuh Virta D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2007-2008, and for each following Fiscal Year, the Council shall levy the CFD Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requir=ent. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Ta.." shall be levied proportionately on each Assessor's Parcel of Developed Property up to 100% of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tax Requir=ent after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax for Final Map Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for Other Taxable Property; Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy pennit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default in the payment of the Special Tax levied on any other Assessor's Parcel within the CFD. E. EXEMPTIONS The CFD Administrator shall classify as Tax-Exempt Property (i) Assessor's Parcels defined as Public Property, (ii) Assessor's Parcels defined as Community Purpose Facility Property that are owned by a non-profit organization which have provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, and (ill) Assessor's Parcels encumbered with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. The CFD Administrator shall classify as Tax-Exempt Property those Assessor's Parcels defined as Property Owner's Association Property provided that no such classification would reduce the sum of all Taxable Property to less than 449.20 Acres. Assessor's Parcels defined as Property Owner Association Property that cannot be classified as Tax-Exempt Property will be classified as Taxable Property Owner Association Property and shall be taxed as part of the fourth step in Section D. ElMuniFinancial Page A-S 6-25 Community Facziities District 1'10. 131Yi (Ot~ Ranch Village T lVO) City of Chula Vista The CFD Administrator will assign tax-exempt status in the chronological order in which property becomes Public Property, Community Purpose Facility Property or Tax-Exempt Property Owner Association Property. However, should an Assessor's Parcel no longer be classified as Public Property, Community Purpose Facility Property or Tax-Exempt Property Owner Association Property as a result of a change of ownership, change of use or both, its tax-exempt status will be autoIrultically revoked. Taxable Property Owner Association Property that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the fourth step in Section D above, at up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property. F. APPEALS Any landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CPD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CPD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. G. MANNER OF COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the CFD Administrator. H. TERM OF SPECIAL TAX Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act. ElMuniRnancial Page A.9 6-26 City of Chula Virta Communiry Facilities District 1\7"0. 131\1. (Otcry Ranch VillaJic Two) ApPENDIX B: BOUNDARIES OF THE CFD AND MAP BOUNDARIES OF CFD The exterior boundaries of CFD No. 13M are shown on that certain map now on file in the Office of the City Clerk entitled "Proposed Boundaries of Community Facilities District No. 13M (Otay Ranch Village Two)". This map indicates by a boundary line the extent of the territory included in proposed CFD No. 13M and shall govern for all details as to the extent of CFD No. 13M. The parcels of real property within CFD No. 13M are described more particularly on the Assessor Parcel Maps and recorded Parcel Maps that are on file in the office of the San Diego County Assessor and are incorporated into this Report by reference. BOUNDARY MAP A reduced copy of the Boundary Map follows. The original of such map is on file in the Office of the City Clerk and in the records of the County Recorder, County of San Diego, and State of California. SITE LOCATION The CFD is located in the southern portion of San Diego County, within the City of Chula Vista, south of Olympic Parkway (poggi Canyon), west of La Media Road, and north of Wolf Canyon. The area of the CFD site consists of approximately eight-hundred and eleven acres (810.9 acres). IIMuniRnancial. Page B-1 6-27 City of Chuh Vista Communi!} Facilities District No. 13M (Ot"l'Ranch VilhJ!.' Two) BOUNDARY MAP III MuniFinancial Page B . 2 6-28 ~ .. o ~ 6 ik. ~ ~~ ~ ~U ~~ ~ ~ ~~ Ig! li~~ ; !i~;~, a~ i 6 1~~ll. ~~ i ~~ illlii i~U ~I ! I~~ili. ~ Ilil !I~ _d.u h.~ II. ~ f- W w :I: '" :; '" ~ IL.g~ of-o ffi2~ _a: 0 II: f- W o(l!l:! <( (I) <!l ~.~ ClCi::5 ;;~~ 3(1)=" ~.~ o !!d > ~~. aJ t:: ~ ~~o @i3~ 5B~ We( a:: U OIL. ll.>~ Of-f- a:-o ll.Z_ ::> :; ::;; o u \1\\\ W\\~ \\\\\i ~l\\\ i !di h~ Ui~ Ui ;~~h i!i ;!I~~ d; il~i9 ~~&. ~hd ~!~ iP~i '!Ii hll~ Ilh Iml M~ "- 0< " ~ z o ;; 6-29 ! ! I ~ ~ ,1 ~ 118~ " 0 ~.~~. ~h=a ~ !~g~ i~~~~i g~~~h - ~~f~~~ .U.>~ '. ~~~d! :1:<."': ~ ~5ii~i ghh~ ~I!'~~l E~ t5 tU- . 8 ~~ ~ ] I ~ ~ ~ ~ ~i II 'D ~~ ~ ~ ~ ~ City of Chu/a Vista Communiry Facilities Distnct No. 13M (Otay Ranch Vil/a~, Two) ApPENDIX C COST ESTIMATES LANDSCAPING AN'D LIGHTING MAINTENANCE Area Landscaped Co.. To,,", or Quantitv p" Un. Duration Annual Cost Heritage Road (MIln Stl'Ht to Olympic Paritway) Planted Area. Parkways & Landscape Easement Areas (located wast of Heritage Road, indudlng low raisedplanters,culltintoretainingwall) . Code 1 (Shrubs & Groundcovers) 345,800 0.490 Sq,FL Yc , 1661,442 . Code 2 (Turf) 1,510 0.490 Sq.FL Yc , 740 Retaining Wall (planted & irrigated, 1,272l1neartt) 10,600 0.375 Sq,FL y, , 3,975 Grafflti Abatement, Retaining Wall (planted & irrigated) 10,600 0.700 Sq.FL Yc , 7,420 Planted Area - Medians . Cooe 1 (Shrubs & Groundcovers) 138,331 , 0.560 Sq.FL y, , n,4B6 Street Trees 585 , 62.22 T~ y, , 36,399 SlreetTrees, addltionalmaintenanca(roots) 585 , 15.56 T~ Yc 9100 Total 304,541 Santa Carolina Road (Santa VIctoria West to Santi Christina) PlantedArea-ParXways o Code 2 (Turf) 14,383 0.490 Sq.Fl Yc 7,048 Planted Area-Medians - Code 1 (Shrubs & Groundco~ers) 36 , 0.560 Sq.Fl y, , 2C Pedestrian Lights a , 202.22 e,,,, Yc , 1,618 Street Trees 64 , 62.22 T~ y, , 3,982 Street Trees, additional maintenance (roots) 64 , 15.56 Tc" Yc , 996 Total , 13,663 Santa Diana Road (Santa Christina to Santa Victoria East) Planted Area - Parkways - Code 1 (Shrubs & Groundco~ers) 322 0.490 sq.Ft y, , 158 - Code 2 (Turf) 33,688 0.490 Sq.Fl y, , 16,507 PtantedArea-Medlans -Code 1 (Shrubs & Groundcovers) 30 0.560 Sq.Fl y, , 17 Pedestrian Lights 19 202.22 e,'" Yc , 3,842 Street Trees 141 62.22 Tree y, , a,m Street Trees, additional maintenance (roots) 141 15.56 T~, y, , 2,193 To,,", , 31.490 Santa Venetla Road (La Meaia Road to Olympic Parkway) Planted Area - Parkways (including Santa V1clorla's north parKway, between Santa Venetia and the secondary high school entrance). -Code 2 (Turf) 25,685 , 0.490 Sq.Ft Yc , 12,566 Planted Area - Additional landscape easement areas (around and under Olympic Parkway pedestrian a-ossing, between back of sidewalk and high school perimeter fence, induding extension to high schoors secondary entrance on Santa V1ctoria). - Code 1 (Shrubs &. Groundcovers) 26,863 , 0.490 Sq.Fl Yc , 14,143 Pedestrian Lights a , 202.22 Each Yc , 1,213 Street Trees 75 , 62.22 T~, y, , 4,867 Street Trees, additional maintenance (roots) 75 , 15.56 T~, y, , 1187 Total , 33.775 Santa VIctoria Road (Olympic Parkway to Heritage Road) Planted Area - Parkways and All Landscape Easement Areas -Code 1 (Shrubs&.Groundcovers) 134,621 0.490 Sq.Ft Yc , 65,964 -Code2(Turf) 1,697 0.490 Sq.Ft y, , 832 Planted Area-Medians - Code 1 (Shrubs & Groundcovers) 4,253 , 0.560 Sq.Fl y, , 2,382 Pedestrian Lights 24 , 202.22 e,,,, Yc , 4,653 Street Trees 210 , 62.22 T~ Yc , 13,068 Street Trees, additional maintenance (roots) 210 , 15.56 T~, y, , 3267 Tot4J , 90,363 II MuniFinancial Page C - 1 6-30 Ciry of Chula Vista Communi!} Facilities DiItrict No. 13M (Clay Ranch Villa!!., Two) Area Landscaped or Quantitv Cost Per Unit Duration Total Annual Cost Santa Victoria Road (Heritage Road to Santa Ven&tla Road) Planted Area - Parkways and landscape Easement Areas on the north side of the street, between the P.3 park and the high school's secondary entrance on Santa Victoria. . Code 1 {Shrubs & Groundcovers) 16,379 0.490 Sq.FI. y, 8,026 . Code 2 (Turf) 95,485 0.490 Sq.Fl y, 46,788 Planted AI1!a - Medians & 80th Traffic Circles (East &West) . Code 1 (Shrubs & Groundcove~) 11,396 , 0.560 Sq:Ft. y, 6,382 . Code 2 (Turf) 7.427 , 0.560 Sq.Fl y, 4,159 Vehicular Accent PaVing . East Traffic Circle 12.326 , 0.160 Sq.Ft. y, 1,972 . WeslTraffic Clrde 12,325 , 0.160 Sq.Ft. Yc 1,972 Pedestrian Lights 39 , 202.22 Each y, 7,887 SlreelTrees 329 , 62.22 T~. Yc 20,470 StreelTrees, additional mainlenance(rools} 329 , 15.56 Tceo y, 5,118 Total 102,773 Ornamental Street Wghb Santa Victoria Road (Heritage Road to Santa Vanella Road) 16 $ 226.00 Street Ught y, , 3,616 Santa Carolina (Santa Victoria Road to Santa Diana Road) 3 $ 226.00 Street Ught y, S 678 Santa Diana Road (Santa Cal"Qlina Road to Santa Victoria Road) S $ 226.00 Street Light Yc , 1,808 Santa Alexia (Santa Victoria Road to Santa Diana Road) 3 $ 226.00 Street Ught y, , .78 Santa Ivy Road (Santa Victoria Road to Santa Diana Road) 3 $ 226.00StreetUght y, , 678 Santa Christina Road (Santa Victoria Road to Santa Diana Road) 3 $ 226.00 StreetUoht Yc I 678 Total , 8,136 State Street (Santa Victoria Road to La Media Road) Planted Area. Parkways . Code 1 (Shrubs & Groundcovers) 24,755 , 0.490 Sq.Fl Yc , 12,130 . Code 2 {Turf} 2,467 , 0.490 Sq.Ft. y, , 1,209 Planted Area - Medians . Code 1 (Shrubs & Groundcovers) 105 0.560 Sq.Ft. Yc , 59 'Code2(Turf) 8,049 0.560 Sq.FI. y, , 4,508 Pedestrian Lights 6 202.22 Each y, , 1,213 SlraetTrees 22 62.22 Tree y, , 1,369 Straet Treas, additional maintenance (roots) 22 15.56 Tree Yc I 342 Total S 20.829 Heritage Road (Santa Victoria Road to La Media Road) VehictllarAccentPaVing . Crosswalks and Commercial Canter intersection 6,819 0.160 SO.Fl y, , 1,091 Total , 1,091 Santa Christina Avenue (Santa Victoria Road to Santa Diana Road) Planted Area-Parkways . Code 2 {Turf) 9,027 , 0.490 Sq.FI. y, , 4,423 Pedestrian Lights 5 , 202.22 E.'" Yc , 1,011 Street Trees 38 , 62.22 Tree y, , 2,364 StraetTrees, additional maintenance (roots) 38 I 15.56 Tree y, , 591 T""" , 8,390 Santa Ivy Avenue (Santa Victoria Road to Santa Diana ROild) Planted Area. Parkways . Code 2 {Turf) 9.027 S 0.490 Sq.Fl y, 4,423 PedestrianUghts 5 , 202.22 Each y, 1,011 StreatTrees 38 I 62.22 T~. y, 2.364 Street Trees, additional maintenance (roots) 35 , 15.56 T~. Yc 591 Total 8,390 Santa Alexia Avenue (Santa Victona Road to Santa Olana Road) Planted Area-ParkWays . Code 2 (Turf) Pedestrian Lights SlreetTrees Street Trees, additional maintenance (roots) 9,027 5 35 38 $ OA90 $ 202.22 $ 62.22 $ 15.56 Sq.Fl E.'" T~. T~. y, y, y, Yc I , , , S 4A23 1,011 2,364 591 8,390 Total II MuniFmancial Page C. 2 6-31 City of Chula Vista Commumry Facilities Distn"ct J\Fo. 13M (Ot"1 Ranch Vi/laX' Two) Area Landscaped Cost Total or Quantity p" Unit Duration Annual Cast Santa LIza Street (Heritage Road to Nbr. R-23) Planted Area-Parkways . Cocie2 (Turf) 7,252 $ 0,490 Sq.Ft. y, $ 3,553 Pedestrian Lighls 11 $ 202.22 E.,," y, $ 2,224 Street Trees eo $ 62.22 T~ y, $ 3,733 StreetTrees,additiooal maintenance (roots) eo $ 15.56 T~ y, "3 T,tal 10.444 La Media Road, wut side {S.mta Vllnetla Road and Olympic Pal1cway) Planted Area - Par'Kways . Code 1 (ShNbs & Groundcovers) 13.200 0.490 Sq.Fl y, 6,468 Planted Area. Medians (50%) . Code 1 (Shrubs & Groundccvers) 13,200 $ 0.560 SqH y, $ 7,392 Median Trees (50%) 7 $ 88.15 T'.. y, $ 617 Median Trees, additional maintenance (rcots) 7 $ 22.04 T~, y, $ 154 Street Trees (west side of La Media) 26 $ 62.22 Tree y, $ 1,742 Street Trees, add~onalmaintenance(roots) " $ 15.56 T~ y, $ 436 Total . 16,809 La MedIa Road, we:st side (Santa Venetla Road and Birch Road) Planted Area . ParKways . Code 1 (Shrubs & Groundcovers) 30,357 $ 0.490 Sq.Ft y, . 14.875 Planted Area. MedJens (50%) . Code 1 (Shrubs & Groundcovers) 5,129 $ Q.56O Sq.FI. y, . 2.8n Median Trees (50%) .., $ 88.15 T~ y, . 573 Median Traes, additional maintenance (roots) 6.' . 22.04 T~ y, $ 143 Street Trees (west side of La Media) 31 , 62.22 T_ y, . 1,929 Street Trees, additional maintenance (roots) 31 . 15.56 T~" y, . .., Total $ 20,874 L.a Media ROlu:l, west side (Birch Road and Santa L.una Road) P\antedArea.Parkways -Code 1 (Shrubs & Groundcovers) 60.239 , 0.490 Sq.Ft y, 29,517 Planted Area_Medians (50%) . Code 1 (Shrubs & Groundcovers) 21,371 . 0.560 Sq.FI. y, 11.968 Median Treas (50%) 34.' , aa.15 T~ y, 3,041 MadianTrefl, additiOl1al mainrenance(rcots) 34.' . 22.04 T~ y, 760 StreatTraes {West side of La Media} 89 , 62.22 T~ y, 5,538 StreatTrees, additional maintenance (rcots) 69 . 15.56 Tee" y, 1."" Total 52.208 Olympic Parkway (between Sunbow Subdivision and Heritage Road) Planted Area . Parkways (south side of Olympic) . Code 1 (Shrubs & Gl'Oundcovers) 73.653 , 0.490 Sq.Ft y, 36,090 Planted Area - Medians (SO%) -Code 1 (Shrubs & Gl'Oundcovars) 17,585 . 0.560 Sq.FI. y, 9,848 Median Trees (50%) 66 , aa.1S Tree y, 7,580 Median Treas, additiOl1al maintenance (rcots) 66 . 22.04 T,.. y, 1,895 StreatTrees {West side of Olympic) 63 $ 82.22 T~, y, 3.920 Street Trees, additional maintenance (roots) 63 . 15.56 T,.. y, 9eo Total 60.313 Olympic Parkway (Heritage Road and La Media Road) Planted Area. ParKways (south side of Olympic) - Code 1 (Shrub~ & Groundcovers) 109,072 $ 0.490 Sq.Ft y, 53,445 Planted Area. Mealans (SO%) . Code 1 (Shrubs & Groundcovers) 23.491 , 0.560 Sq.FI. y, . 13,155 Median Trees (SO%) 54.' , 88.15 T~, y, $ 4,804 Median Trees, additional maintenance (roots) 54.5 , 22.04 T~. y, $ 1,201 Street Trees (west side of Olympic) 69 . "22 T~ y, . 6,475 Street Trees, additional maintenance (roots) 69 . 15.56 T~, y, . 1,369 Total . 79,449 II MuniRnancial Page C-3 6-32 City of Chula Vista Community Facilities District 1'./0. 13M (Otay Ranch Vi!Ia~, Two) Area u"ndscaped C,", Totol or Quantltv ." Unit Duration Annual Cost OpenSpaca Lot #1 Landsc8ce Area - non*sloped irrigated araas -Code2 (Turf) 2,207 0.490 Sq.Fl Yc , 1,081 lands~peArea-jrrigatedslopes . Code 3 596,878 , 0.310 Sq.Ft Yc , 185,032 RelainingWall 360 , 0.375 SQ.Fl Yc , 135 Graffiti Abatement, Retaining Wall 360 , 0.700 Sq.l~l Yc , 252 Post & Rail Fencing 1,748 , 1.560 LL ~L Yc , 2,727 5' High Solid Theme Wall '" , 0.860 U. FL Yc , ", Graffiti Abatement, 6' High Solid Theme Wall 768 , 0.700 Sq.Fl Yc , 536 2' High Salld Theme Wall '" , 0.660 Li. Fl Yc , 39 Graffltf Abatement, 2,' High Solid Theme Wall '" , 0.700 Sq.Fl Yc , 32 View Fence (4'High W.1. overZ' High 8locK} 1,792 , 0.550 U.Fl Yc , 886 View Wall (4' High Glass over 2' High Block) 1,056 , 0.510 U.Ft Yc , 539 S"lNide Concrete Header/Edging '" , 0.23 Li.Fl Yc , 11 Concrete Trail 10,488 , 0.23 Sq.Fl Yc , 2,412 Trail Trees '58 , 41.48 E,'" Yc , 8,595 Trees Maintenance iaOiacent to trail and brow dilchl 34 , 900.00 E~h 5Yc , 8,120 Total , 207,160 Open Space L.ot #2 Landscape Area. irrigated slopes 'Code3 217,685 , 0.310 Sq.Fl Yc , 67,482 . Code 4 (Temporartly Irrigated) 121,157 , Q,310 Sq.Fl Yc , 37,559 Landscape Area - non.irrigated slopes (Code 5) 25.052 , 0.265 Sq.F!. Yc , 6,639 View Fence (4' High W.I. over 2' High Slack) 1,195 , 0.550 LLFl Yc , 658 T_, 160 , 41.48 E'''' Yc , 6,637 Total , 118,976 Open Space Lot #3. MSCP Area (CFD 97-2) MSCP - Landscape Area - non..jrrioate<:i 414.030 SQ.Fl Yc , Total , Open Space LotlJ4 Landscape Area. irrigated slopes . Code 3 2.626 , 0.310 Sq.Fl Yc , 81' . Code 4 (Temporarily Irrigated) 1,155 , 0.310 Sq.F!. Yc , '58 Non-disturbed Landscape Area (Code 5) 3,809 , 0.265 Sq.F\. Yc , 1,009 MSCP . Landscape Area - non.iITigated 140,038 , Sq.FL Yc , Post & Rail Fencing 49 , 1.660 LI. F\. Yc , 76 Trees 45 , 41.48 E,'" Yc 1,867 Total , 4,125 Open Space Lot #5 LandscapeArea.iITigatedslopes 'Code3 1S3,8S3 , 0.310 Sq.Ft Yc , 56,998 'Code 4 (Temporarily Irrigated) 83,283 , 0.310 Sq.Ft Yc , 25,818 LandscapeArea-non.irrigated slopes (CodeS) 25,489 , 0.265 Sq.Ft Yc , 6.748 Post & Rail Fencing 1,787 , 1.S60 Li.FI. Yc , 2,788 Trees "" , 41.48 Each Yc , 8,006 Total , 100,358 Open Space Lot#fo Landscape Area. irrigated slopes . Code 3 10,990 , 0.310 Sq.Fl Yc , 3,407 . Code 4 (Temporari/y IrTigated) 133,166 , 0.310 Sq.Fl Yc , 41,281 Landscape Area. non..jrrigaled slopes (Code 5) 47.671 , 0.265 Sq.Ft Yc , 12,633 Post & Rail Fencing 2.117 , 1.560 Li.FL Yc , 3,303 Trees 122 , 41.48 Each Yc , 5,061 Total , 6S,684 Open Space lot #7 _ MSCP Area (CFD 97-2) LandsC<!oeArea.non-irriQsted sloDes 2.499,787 So.Ft. Yc To,", II MuniFrnancial Page C . 4 6-33 City of Chula Vista Community Facilitie.r District No. 13M (Olay Ranch Villa~, T IV') Area. Landsl;aped C~t Total or QUilntltv p" Unit Duration AnnualCosl: Open Space L.ot #8 LandscapeArea-irrigatedslopes . Code 3 93,1n $ 0.310 Sq.Fl y, $ 28,883 . Code 4 (Temporarily Irrigated) 48,_ $ 0.310 Sq.FI. Yc , 15,189 Landscape Area - non-ilTigaled slopes (Code 5) 141,510 $ 0.265 Sq.Fl y, , 37,500 6' Hign Solid TI'1eme Wall 1,705 $ 0.860 U. Ft Yo $ 1,466 Graffiti Abatement, 6' High Solid Theme Wall 1,705 $ 0,700 Sq.fL Yo , 1,194 6" 'Mae Concrete HeaderlEdging 10 , 0.23 Li. Fl y, , 2 Tcee, 111 $ 41.48 E.", y, $ 4,604 Total $ 88,839 Open Space L.ot #9 LandscapeArea_inigatedslcpes . Code 3 121,466 0.310 Sq.Ft Yo , 37,654 . Code 4 (T empararily Irrigated) 217,522 0.31Q Sq.Ft. Yo , 67,432 Landscape Area. I'ICIl'l-inigated slopes (Code 5) 256,586 0.265 Sq.Ft. Yo $ 67,995 View Fence (4' High w.1. over 2' High BlocK) 2,724 0.550 LL Fl Yo $ 1,498 6" \Nide Concrete Header/Edging 62 0.23 LL Ft Yo $ 14 Trees 264 41.48 Each Yc $ 10,951 To'" . 185,545 Open Space Lol #10 - MSCP A.rea (CFO 97-2) landscaDeArea-nan~rriQated slaDes 112.092 5o.Ft y, $ Totai $ Open Space lot #11 LandscaoeArea-non~rriosted sloDes 26,303 0.265 5Q.Ft Yo $ 6,970 To'" , 6.970 Open Space Lot #12 LandscapaArea.jl'Tigatedslopes -Code3 7,755 . 0.310 Sq.Ft y, 2,404 Trees 8 , 41.48 Each Yo 332 Total 2,736 Open Space lot #13 landscape Area-non-sloped irrigated areas , Code 1 (Shrucs & Groundcovers) .. $ 0.490 Sq.Ft y, $ 24 "Code2(Turf) 1,909 , 0.490 Sq.Ft y, , .35 LandscapeArea.il'Tigatedslopes 'Code3 65,737 . 0.310 Sq.Ft. y, 20,378 Trees 2. $ 41.48 E.", Yo 1.203 T"'~ 22.541 Open Space lot #14 LandscapeArea-non-sioped lnigated areas "Code2(TI.lrf) 1,640 0.490 Sq.Ft. y, , SO. Landscape Area. inigated slopes "Code3 41.697 , 0.310 Sq.Ft y, $ 12,926 6' High Solid Theme Wall 612 $ 0.860 li. Ft Yo , 526 Graffiti Abatement, 6' High Solid Theme Wall 612 $ 0.700 Sq.Fl Yo , .28 View Fence (4' High w.1. over 2' High Block) 270 $ 0.550 li. Ft y, , 149 S" Wide Concrete Header/Edging 13 . 0.23 li.Ft y, , 3 Trees 3. $ 41.4S Each y, $ 1,616 Total $ 16,454 Open Space lot#15 Landscape Area _ irrigated slopes " Code 3 357,016 , 0.310 Sq.Ft y, , 110,675 Trees 204 $ 41.48 E.", y, , 6,462 Total , 119137 Open Space Lot #16 landscape Area-irrigated slopes -Code 3 50,670 , 0.310 Sq.Fl y, , 15,708 View Fence (4' High w.1. over 2' High Block) 3,416 , 0.550 Li.Ft. y, $ 1,880 6" Wide Concrete HeaderlEdging 64 , 0.23 U. Ft y, , 1. Trees 47 $ 41.46 E.'" y, $ 1,950 Total $ 19.556 II MuniRnandal Page C - 5 6-34 City of Chula Vista Commumty Facilities District No. 13M (Olay &nch Vi/lay, Two) Area Landscapecl Cost Total or Quantitv Po, Uo" DuratlGn Annual Cost Open Space Lot #17 landscape Area-non.slaped irrigated areas . Code 1 (Shrubs & Groundcovers) 75 0.490 Sq.Ft. y, $ 37 . Code 2 (Turf) 2.349 0.490 Sq,Fl y, $ 1,151 Landscape Area-irrigated slopes . Code 3 1.427.513 $ 0.310 Sq.Fl y, $ 442,560 Post & Rail Fencing 1,948 $ 1.560 LL Fl y, $ 3,039 6' High SoUd Theme Wall 451 $ 0.860 U.Fl y, $ 366 Graffiti Acatement, 6' High Solid Theme Wall 451 $ 0.700 Sq.Fl y, $ 316 2' High SaUd Theme Wall 45 $ 0.860 Li.Fl y, $ 40 Graffiti Abatement, 2' High Solid Theme Wall 46 $ 0.700 Sq.Ft y, $ 32 View Fence (4' High w.1. over 2' High Slack) 3,836 , 0.550 U. Fl y, $ 2,110 View Wall (4' High Glass over 2' High Slock) 866 , 0.510 Li.Ft, y, $ 453 6" Wide Concrete Header/Edging 66 , 0.23 li.Fl y, $ 15 Concrete Trail 11,688 $ 0.23 Sq.Fl y, , 2,588 Trail Trees 876 $ 41.48 Each Yo , 36,336 Trees Maintenanee (adiaeentto trail and brow ditch) 40 $ SOO.OO E,ct; 5Y, $ 7,200 Total $ 496,365 CFD Open Spaee (No Lot #1 - Adjacent to Wolf Canyon Landscape Area-inigated slopes . Code 3 121,466 $ 0.310 Sq.FL y, $ 37,654 . Code 4 (Temporarily Irrigated) 217,522 $ 0,310 Sq.FL y, , 67,432 Landscape Area - non-imgated slopes (Code 5) 39,Sn $ 0.255 Sq.FI. Yo $ 10,514 View Fence (4' High W,I, over 2' High Block) 1,652 $ 0.550 Li. FL y, $ 909 Trees 108 , 41.48 E,ct; y, $ 4480 Totai $ 120,S8S CFD Open Space (No L.ot #)- Adjacent to Olympic ParKway Landscape Area-inisated slopes . Code 3 1,002,903 $ 0.310 Sq,FL y, $ 310,900 6' High Solid Theme Wall 10 $ 0.860 L.i.Ft. y, $ 9 Graffiti Abatement, 6' High Solid Theme Waif 10 $ 0.700 Sq.Ft. y, , 7 View Fence (4' High W.1. over 2' High Block) 1,257 $ 0_550 U. FL y, , 691 6" Wide Concrete Header/Edging 23 . 0,23 Li.Ft. y, $ 5 Trees 107 , 41.48 E,ct; y, $ 4,438 Total , 316,051 CFD Open Space (No L.ot #) . Adjacent to Neighborhood R.12 LandscapeArea.inigatedslopes . Code 3 41,130 0.310 Sq,Ft. y, 12,750 Trees 7T 41.48 Each y, 3,194 Total 15.S44 CFD Open Space (No Lot #) - Adjacent to Santa Victoria at the Industrial Area L.andscapeArea - inigaledslopes -Code 3 9,590 0.310 Sq.FL y, $ 2,9n Trees 15 41.48 E,ct; y, , 747 Total , 3,720 CFD Open Space (No Lot 11:) _ AdJacent to L.andfill LandscapeArea-inigatedslopes . Code 3 164.630 $ 0.310 SQ.FI. y, 51,035 Total 51,035 CFD Open Space (No Lot Ill) - Non-Dedicated, Heritilge Road Landscape Area-inigated stopes 'Code3,WestofHeritage 33,350 0.310 5q.Ft y, $ 10,339 . Code 3, East of Heritaoe 7060 0.310 Each Yo $ 2,189 Tolal $ 12.527 Pedestrian Brldge (50%) - across Olympic PIlr1cway to Villilge One. Existing Bridge Greffltl, Ralls and Maintenance 50% $ 4,150 BridQe y, 2,075 Total 2.075 Pedestrian Bridge (50%) - across La Media Road to Village SIx. To 6e Built Graffiti, RaiJs and Maintenance 50% , 4,150 Sridoe y, 2,075 Total 2,075 Totar Landscape Maintenance $ 2,850,789 mMuniRnancial Page C - 6 6-35 City of Chula Vista Community FadJities Distn"ct No. 13M (Otay &neh Villax' Two) STORM WATER QUALITY MAINTENANCE Cost Heritage Road and Olympic Parkway Quantlty p.' Unit perVear Annual Cost Annual Inspections for Storm FiltElfS 1 , 830 Service , $ 830 MaintenancelCleanout! for 5tcrm Filters , $ 1,815 Service , $ 1,815 Stormwater 360 Storm FIlter (cartridges) '59 $ 210 Servies 0.' , 16,695 Vortechnlc 16000 Slarmwaler Treatment Unit , $ 3,5QOSeltllca 1 , 3,500 T"" $ 22,839 Cost West@Santa Victoria and Olympic Parkway Quantity p.' Unit per Year Annual Cost Annual Inspectlons for Storm Filters 1 $ 630 Service 1 $ '30 Maintenance/Cleanouts for Storm Filters , $ 1,815 Service 1 $ 1,815 Slormwater 360 Storm Filter (cartridges) 50 $ 210 Sel'Vice 0.' $ 8,400 Vortechnic 16000 Slarmwater Treatment Unit 1 , 3.500 Service 1 , 3,500 Total , 14,544 Cost South of Village Two" outlet Into Wolf ClInyon Detention BasIn Quantity p.' Unit per Year Annual Cost Annual Inspections for Storm Filters 1 , 830 Service , , 5." MaintenancelCleanouts for Storm Filters 1 , 1,815 Service , , 1,815 Stormwater 360 Storm Filter (cartridges) '56 $ 210 Service 0.' , 19,530 Vorteet1nic 16000 Stormwater Treatment Unit , , 3,500 Service 1 , 3.500 To"' , 25,674 Cost E,st Quantity p., Unit per Year Annual Cost Annuallnspectlons for Slorm Filters 1 , 830 Service 1 $ '30 MaintenancelCleanouts for Storm Filtan; 1 , 1,815 Service 1 $ 1,815 Bio-dean Round Basket Curb Inlets , , 80 Service , , 1,440 Slormwater 360 Storm Filter (cartridges) 50 , 210 Service 0.' , 8,400 Vorteelmlc 16000 StOll1lWater Treatment Unit 1 , 3,500 Service 1 , 3.500 Total , 15,984 Village Two Neighborhood R~15 (drain:slnto VIllage Seven unit) Quantity p.' UnIt per Year Annual Cost Vorteel1nie Stormwaler Treatment Unit in \lillaae Seven (shared) 0,043 3.500 Service 1.000 , 145 Total , 145 Wolf Canyon Detention Basin Vegetation Removal (slope area) 58,500 , 0.23 Sq.Ft Yc , 13,455 Silt Removal (bollom area) 18,020 , 0.46 Sq.Ft Yc $ 8,289 Engineers Inspection , 1,037 Service 1 , 1,037 Periodic Inspec:tion and Maintenance 13 crew, 4 hrs S51.85hrl , 622 Service 4 , 2,489 T"'" , 25,270 Poggi Canyon Channel 3,152 Service 3,152 Detention Sasin 4,275 Service 4.275 Total 7,428 Vactor Truck Replacement 0.13 4,734Service y, 615 Total Storm Water Quality Maintenance 112,504 TOTAL ANNUAL BUDGET Totall.andscape and Storm Water Quality Maintenance $ 2,963,294 Administrative Expenses $ 41,480 Reserve $ 300,4n Total AnnuliIl Cost 3,306.251 The descciption of the F""ilities onds"r.-tces,.. >Ct forth herein, il ~netal in its nature. The finalrul.t:ur. oflh. F:lCilitie$ a.nd SenriClOS will b. ciowmin.dupon th..Agenq'. opp<onI. II MuniFll1anciaJ Page C - 7 6-36 EXHIBIT '5 ,...- ." \\ \\ ,\ \\ / \ \ ..',...<>-- .~,,;:;::::::.~~(:::/' -- ..---::~:..-;;::':-::;~.'~'~-~_.' '::::::.:-==--- , , \\ II 6-37 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO), AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN THE CFD TO THE QUALIFIED ELECTORS THEREOF WHEREAS, a public hearing has been held and concluded, and the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), now desires to proceed with the establishment of a community facilities district, pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). Such Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY VILLAGE TWO) (the "District"); and, WHEREAS, notice of a public hearing relating to the establishment of the District, the extent of the District, the financing of certain types of services and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing to establish such District; and, WHEREAS, all communications relating to the establishment of the District, the proposed services and the rate and method of apportionment of the special tax proposed to be levied within the District have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings or the levy of the special tax within the District; and WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing within the territory of the District for at least the preceding ninety (90) days, the authorization to levy special taxes within the District shall be submitted to the landowners of the District, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Determinations. It is hereby determined by this City Council that: A. All prior proceedings pertaining to the formation of the District were valid 1 6-38 and taken in conformity with the requirements of the law, and specifically the provisions of the Community Facilities District Law, and that this finding and determination is made pursuant to the provisions of Govemment Code Section 53325.1. B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Community Facilities District Law and, therefore, the special tax proposed to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Govemment Code of the State of California. C. The District as proposed conforms with the City ofChula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts (the "Goals and Policies"), as amended. D. Less than twelve (12) registered voters have resided within the territory of within the District for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified electors of the District shall be the landowners of the District as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre ofland that she or he owns within the District. E. The time limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of the District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent ofthe qualified electors of the District. F. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution forming and establishing the District. SECTION 3. Communitv Facilities District Report. The Community Facilities District Report, as now submitted, shall stand as the Community Facilities District Report for all future proceedings and all terms and contents are approved as set forth therein. SECTION 4. Name of District. This legislative body does hereby establish and declare the formation of the Community Facilities District known and designated as "COMMUNITY FACILITIES DISTRICT NO. 13M (OTA Y VILLAGE TWO)." SECTION 5. Boundaries of the District. The boundaries of the District are generally described as follows: 2 6-39 All property within the boundaries of COl\1MUNITY FACILITIES DISTRICT NO. 13M (OTAY VILLAGE TWO), as shown on a boundary map as previously approved by this legislative body, such map designated by the name of this Community Facilities District, a copy of which is on file in the Office of the City Clerk. The boundary map of the proposed District has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the County Recorder of the County of San Diego, at Page 39 of Book 38 of the Book of Maps of Assessment and Community Facilities Districts for such County. SECTION 6. Description of Services. It is the intention of this City Council to finance certain services that are in addition to those provided in or required for the territory within the District and will not be replacing services already available. A general description of the services to be provided is listed on Exhibit "A" hereof. SECTION 7. Special Tax. Except where funds are otherwise available, special taxes, secured by recordation of a continuing lien against all non-exempt real property in the District, are hereby authorized, subject to voter approval, to be levied annually within the boundaries of such District. Under no circumstances will the special tax authorized to be levied within the District be increased as a consequence of delinquency or default by the owner of any other parcel or parcels used for private residential purposes and located within the District by more than 10 percent. For further particulars as to the rate and method of apportionment of the special tax proposed to be levied within the District, reference is made to the attached and incorporated Exhibit "B," which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the District to clearly estimate the maximum amount that such person will have to pay for such services. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Chula Vista, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. 3 6-40 SECTION 8. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50115.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 7 above: A. Each such special tax shall be levied for the specific purposes set forth in Section 7 above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 7 above. C. The District shall establish a separate account into which the proceeds of each such special tax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50115.3. SECTION 9. Preparation of Annual Tax Roll. The name, address and telephone number of the office, department or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: Engineering Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 (619) 691-5021 SECTION 10. Election. This legislative body herewith submits the levy of the special taxes to the qualified electors of the District, such electors being the landowners within the District with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within the District. This legislative body hereby further directs that a separate ballot proposition relating to the levy of the above referenced special taxes within the District be combined and consolidated with the proposition set forth in Section 11 below relating to the establishment of an appropriations limit for the District. The proposition related to the levy of the special taxes shall, together with a proposition to establish an appropriations limit for the District, shall be submitted to the qualified voters at a special election to be held on (a) January 16, 2007, or (b) such other date as the qualified electors and the City Clerk may mutually agree and such election shall be a special election to be conducted by the City Clerk (hereinafter referred to as the "Election Official"). If either or both of the propositions for the levy of the special taxes receive the approval of more than two-thirds 4 6-41 (2/3rds) of the votes cast on the proposition, the special tax thereby approved may be levied as provided for in this Resolution. SECTION 11. Ballot Proposals. The ballot proposals to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A Shall Community Facilities District No. 13M (Otay Ranch Village Two) of the City of Chula Vista, California, subject to accountability measures set forth in California Government code section 50075.1, be authorized to levy special taxes within such district pursuant to the rate and method of apportionment of special taxes (the "Rate and Method") set forth in Resolution No. 2006-350 for the purposes of financing the Special Tax Requirement as defined in the Rate and Method? PROPOSITION B Shall the Community Facilities District No. 13M (Otay Ranch Village Two) ofthe City of Chula Vista, California, establish an Article XIIIB appropriations limit equal to $2,000,000? SECTION 12. Vote. The appropriate mark placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 13. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for holding the above election. The Election Official shall perform, or caused to be performed and rendered, and render all services and proceedings incidental to and connected with the conduct of the election, including but not limited to, the following: 1. Prepare and furnish to the necessary election supplies for the conduct of the election. 2. Print the requisite number of official ballots, tally sheets and other necessary forms. 3. Furnish official ballots for the qualified electors of the District. 4. Present the official ballots to the qualified electors, as required by law. 5. Receive the returns of the election and supplies. 6. Sort and assemble the election material and supplies III preparation for the canvassing of the returns. 7. Canvass the returns of the election. 5 6-42 8. Furnish a tabulation of the number of votes given in the election. 9. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. PREPARED BY: APPROVED AS TO FORM BY: ~ft1)A) ~ore l i Attorney Scott Tulloch City Engineer 6-~3 EXillBIT "A" COMMUNITY FACILITIES DISTRICT No. 13M (OTAY VILLAGE Two) LIST OF AUTHORIZED SERVICES The maintenance of (a) landscaping, including, but not limited to, parkways, medians and slopes; (b) facilities that are directly related to storm water quality control; (c) walls and fencing; (d) trails; (e) pedestrian bridges, including, but not limited to, graffiti removal; and (f) public lighting facilities, including, but not limited to, pedestrian lighting and decorative or ornamental public lighting (collectively the "Improvements"). Such maintenance shall include, but not be limited to, the provision of all labor, material, administration, personnel, equipment and utilities necessary to maintain such Improvements. B- 1 6-44 Exhibit B Community Facilities District No. 13M (Otay Village Two) RATE AND METHOD OF APPORTIONMENT B-2 6-45 Community Facilities Distrid No. 131\11 (Oft!) Ronch Village Two) City of Chulo Vista EXHIBIT A: RATE AND METHOD OF ApPORTIONMENT CITY OF CHULA VISTf' COMMUNITY FACILITIES DISTRrCT NO.1 3M (OTAY RANCH VILLAGE Two) A Special Tax of Community Facilities District No. 13M (Otay Ranch Village Two) of the City of Chula Vista ("CFDn) shall be levied on all Assessor's Parcels of Taxable Property within the CFD and collected each Fiscal Year commencing in Fiscal Year 2007-2008 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIDNS The terms hereinafter set forth have the following meanings: "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes, including salaries of City employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the formation and administration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to form or administer the CFD as determined by the City. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel J\;Iap with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "CFD Administrator" means an official of the City, at designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. IlIMuniFmancial Page A-I 6-46 Community Facilities District j\[o. 13.lv[ (Otqy Ranch Vtllage Two) City of Chufa Vista "CFD" means Community Facilities District No. 13M (Otay Ranch Village Two) of the City of Chula Vista. "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Property" or "CPF Property" means all Assessor's Parcels which are classified as community purpose facilities, as defined in the City of Chula Vista Ordinance No. 2883. "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit is issued prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied. "Final Map Property" means any residential or non-residential lot created by a Final Subdivision Map, but which is not classified as Developed Property, "Final Subdivision Map" means a subdivision of property creating residential or non- residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued ,vithout further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table 1 or Table 2. "Landscape Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain authorized landscaped improvements, walls and fencing, trails, and pedestrian bridges within the public right-of-ways, parkways, slopes, wetlands and other public easements/improvements within or outside the CFD. "Landscape Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance applicable to the CFD for such Fiscal Year. "Lighting Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain authorized lighting improvements including, but not limited to, pedestrian lighting and decorative or ornamental street lights within the public EMuniFinancial Page A-2 6-47 Commllni'ry Facilities Distnd No. 13i.VI (Otc!} Ro:nt'h Village T w) Ciry of Chala Vista right-of-ways, parkways, slopes, wetlands and other public easements/improvements within or outside the CFD. The lighting improvements may include but are not limited to the cost of providing electrical energy and servicing of lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities including repair, removal, or replacement. "Lighting Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Lighting Maintenance applicable to the CFD for such Fiscal Year. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a structure or structures for non-residential use. "Operating Fund" means a fund that shall be maintained for the CFD for each Fiscal Year to pay for Landscape Maintenance, Lighting Maintenance, Storm \Vater Quality Maintenance and Administrative Expenses. "Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable Landscape Maintenance Requirement, the applicable Lighting Maintenance Requirement, and the applicable Storm \'V'ater Quality Maintenance Requirement. "Other Taxable Property" means, for each Fiscal Year, all Ta..nble Property not classified as Developed Property, Final Map Property, or Taxable Property Owners Association Property. "Property Owner Association Property" means any property within the boundaries of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub- association, "Proportionately" means in a manner such that the ratio of the actual Special Tax levied to the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class. For Developed Property, it means that the ratio of the actual Special Tax levied to the Maximum Special Tax is equal for all Assessor's Parcels of Developed Property. For Final Map Property, it means that the ratio of the actual Special Tax levied to the Ma..'<imum Special Tax is equal for all Assessor's Parcels of Final Map Property. For Undeveloped Property, it means that the ratio of the actual Special Tax levied to the Maximum Special Tax is equal for all Assessor's Parcels of Undeveloped Property. "Public Property" means any property within the boundaries of the CFD that has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied, that (a) is owned by a public agency, (b) has been irrevocably llMuniFinancial Page A.3 6-48 COIJlt7tttmry Fatilities Distntt l\i~o. 131vf (O/cry &.mt'h Village Two) City of Chu/a Vi,!a offered for dedication to a public agency, or (c) is designated with specific boundaries and acreage on a Final Subdivision Map as property which will be owned by or irrevocably dedicated to a public agency. For purposes of this definition, a public agency includes the federal government, the State of California, the City or any other public entity. "Reserve Fund" means a fund that shall be maintained for the CFD for each Fiscal Year to provide necessary cash flow for the first SL'C months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. "Residential Dwelling Unit" means each separate residential dwelling unit which comprises an independent facility capable of human habitation separate from adjacent residential units, including but not limited to, single-family homes, duplexes, triplexes, town homes, condominiums, and apartment units. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one or more Residential Dwelling Units. "Special Tax" means the Special Tax levied pursuant to the provisions of Sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in the CFD to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to: (a) (i) pay the Landscape Maintenance Requirement; (il) pay the Lighting Maintenance Requirement (ill) pay the Storm Water Quality Maintenance Requirement; (iv) pay reasonable Administrative Expenses; (v) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (vi) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for funds available to reduce the annual Special Tax levy, including the excess, if any, in the Reserve Fund above the Reserve Fund Requirement. "Square Foot" means the building square footage of assessable internal living space as shown on an Assessor's Parcel's building permit of Residential Property, excluding garages or other structures not used as living space. "State" means the State of California. "Storm Water Quality Maintenance" means the maintenance of authorized detention basins, storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other facilities that are directly related to storm water quality control within or outside the CFD. "Srorm Water Quality Maintenance Requiremenr" means for any Fiscal Year an amount equal to the budgeted costs for Storm \Vater Quality Maintenance applicable to the CFD for II MuniFrnancial Page A.4 6-49 Commumry Faci/itif].f Distnd No. 131'11 (Oft!) &:rf/ch Village T JVO) City Ilf Cbula Virla the current Fiscal Year in which Special Taxes are levied. "Taxable Property" means all of the Assessor's Parcels within the boundaries of the CFD that are not exempt from the Special Tax pursuant to law or as defined below under "Tax- Exempt Property. : "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: (i) Public Property, or (il) Property Owner Association Property excluding Taxable Property Owner Association Property, or (ill) Assessor's Parcels defined as Community Purpose Facility Property that are owned by a non-profit organization and have provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, or (v) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. "Taxable Property Owner Association Property" means all Association Property which is not exempt from the Special Tax pursuant to Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. B. ASSIGNMENT TD LAND USE CATEGDRIES Each Fiscal Year using the definitions in Section A, all Taxable Property within the CFD shall be classified as Developed Property, Final Map Property or Undeveloped Property, and shall be subject to the levy of Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. Undeveloped Property shall be further assigned to a Land Use Class as specified in Table 2. Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E below shall be taxed as Non-Residential Property when such Assessor's Parcel is classified as Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other Taxable Property. liMuniFinancial Page A.5 6-50 Community Fadlities District No. 13hf (O/cry Ranch Village T /po) Ciry ofChula Vista C. MAXIMUM SPECIAL TAX RATE 1 . DEVELOPED PROPERTY .' TAB LE 1 MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY COMMUNITY FACILITIES DISTRICT NO.1 3M (OTAY RANCH VILLAGE TWo) FISCAL YEAR 2006-2007 Land Storm Maximum Use Descriprion Landscape Water Quality Special Tax Class & Lighting Maintenance Maintenance 1 Single Family and $0.424 per Square $0.016 per $0.440 per Multi Family Foot Square Foot Square Foot Residential Property 2 Non-Residential $7,079.36 per $279.38 per $7,358.74 per Property Acre Acre Acre Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may be classified in more than one Land Use Class; e.g., live/work lofts or similar mixed use developments. The Maximum Special Tax that may be levied on such an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be levied on all Land Use Classes located on that Assessor's Parcel. The CFD Administrator shall determine the allocation to each Land Use Class. IlMuniFlf1ancial Page A-6 6-51 Community Facilities Disfnd No. 13lvI (Oft!) Ranch Village T 11/0) City of Chula Vista 2. UNDEVELOPED PROPERTY TABLE 2 MAXIMUM SPECIAL TAX FOR UNDEVELOPED PROPERTY COMMUNITY FACILITIES DISTRICT ~O. 13M (OTAY RANCH VILLAGE Two) FISCAL YEAR 2006-2007 Land Landscape Storm Maximum Use Description & Lighting Water Quality Special Tax Ciass Maintenance Maintenance 3 Final Map Property $7,079.36 per $279.38 per Acre $7,358.74 per Acre Acre 4 Other Taxable $7,079.36 per $279.38 per Acre $7,358.74 per Property Acre Acre 5 Taxable Property $7,079.36 per $279.38 per Acre $7,358.74 per Owner Association Acre Acre Property 3. ANNUAL ESCALATION OF MAXIMUM SPECIAL TAX The Maximwn Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in the CFD shall be increased each Fiscal Year beginning in Fiscal Year 2007-2008 and thereafter by a factor equal to the greater of, the annual percentage increase, if any, in the San Diego Metropolitan Area All Urban Conswner Price Index (All Items) as reported by the State of Califorrua Department of Finance, or 4%. II MuniFinancial Page A.7 6-52 Conrmumty Facilities DiJtnd IT\[O. 13iVl (Ot'!)! &rm'h Vtilage Tlvo) City of Chuh Vista D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2007-2008, and for each following Fiscal Year, the Council shall levy the CFD Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Sp~cial Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied proportionately on each Assessor's Parcel of Developed Property up to 100% of the applicable Maximum Special Tax; Second: If additional monies are needed to satisfy the Special Tu Requirement after the fIrst step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax for Final Map Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Ta.." shall be levied Proportionately on each Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for Other Taxable Property; Emw:h: If additional moneys are needed to satisfy the Special Tax Requirement after the fIrst three steps have been completed, the Special Tax shall be levied proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the applicable Muimum Special Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no circumstances ,vi]] the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default in the payment of the Special Tax levied on any other Assessor's Parcel within the CFD. E. EXEMPTIONS The CFD Administrator shall classify as Tax-Exempt Property (i) i\ssessor's Parcels defined as Public Property, (Ii) Assessor's Parcels defined as Community Purpose Facility Property that are owned by a non-profit organization which have provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, and (ill) Assessor's Parcels encumbered ,vith public or utility easements making impractical their utilization for other than the purposes set forth in the eas emen t. The CFD Administrator shall classify as Tax-Exempt Property those Assessor's Parcels defIned as Property Owner's Association Property provided that no such classifIcation would reduce the sum of all Taxable Property to less than 449.20 Acres. Assessor's Parcels defIned as Property Owner Association Property that cannot be classifIed as Tax-Exempt Property will be classified as Taxable Property Owner Association Property and shall be taxed as part of the fourth step in Section D. II MuniFfIlancial Page A-8 6-53 Community Fat'Zliti/!s District No. 13lvI (Otqy &nd) Vii/age Two) City of Chllia Vista The CFD Administrator will assign tax-exempt status in the chronological order in which property becomes Public Property, Community Purpose Facility Property or Tax-Exempt Property Owner Association Property. However, should an Assessor's Parcel no longer be classified as Public Property, Community Purpose Facility Property or Tax-Exempt Property Owner Association Property as a result of a change of ownership, change of use or both, its tax-exempt status will be automatically revoked. : Taxable Property Owner Association Property that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be ta.-.oed Proportionately as part of the fourth step in Section D above, at up to 100% of the applicable Maximum Special Tax for Ta.-.oable Property Owner Association Property. F. APPEALS Any landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall flIst consult ,vith the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any by the CFD Administrator, the landowner or resident believes such error still exists, such person may file a written notice ,vith the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. G. MANNER OF COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may direcdy bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the fmancial obligations of the CFD or as otherwise determined appropriate by the CFD Administrator. H. TERM OF SPECIAL TAX Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Ta.-.o pursuant to the Act. II MuniRnancial Page A-9 6-54 CITY COUNCIL AGENDA STATEMENT ~~f:. Cl1Y OF , - -- (HULA VISTA 01/09/07 Item -q. ITEM TITLE: PUBLIC HEARING REGARDING ANNEXATION OF TERRITORY, Al'lNEXATION NO. 6 (OTAY RANCH VILLAGE TWO), TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENAl'lCE DISTRICT). SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE .MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY, ANNEXATION NO.6 (OTAY RANCH VILLAGE TWO), PROPOSED TO BE Al'lNEXED TO SUCH COMMUNITY FACILITIES DISTRICT. CITY ENGINEER.};2 // INTERIM CITY MANAGER rjl 4/5THS VOTE: YES NO X BACKGROUND On November 21,2006, the City Council initiated the Community Facilities District No. 97-2 (Preserve Maintenance District) ("CFD No. 97-2") annexation proceedings by adoption of Resolutions 2006-347 and 2005-348. Tonight's action is the next step in the formal proceedings to annex the territory within Otay Ranch Village Two into Improvement Area C of CFD No. 97-2. Improvement Area A funds the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance. Improvement Area B only funds the Resource Monitoring Program. Special taxes levied within Improvement Area C fund the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance consistent with the requirements of the Otay Ranch Resource Management Plan Phases I and II, plus a pro-rata share of Administrative Expenses ofCFD No. 97-2. Otay Ranch Village Two will not be annexed 7-1 01109/07, Iteml Page 2 of 5 into Improvement Area A or Improvement Area B. The City has retained the services of MuniFinancial as special tax consultant and Best, Best, and Krieger, LLP, as legal counsel to provide assistance during the proceedings. 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 because the creation of government funding mechanism is not considered a project; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council: I. Open the Public Hearing and receive testimony from the public, 2. Close the Public Hearing, 3. Approve the resolution making determinations and authorizing submittal of levy of special taxes to the qualified electors of certain territory proposed to be annexed to CFD No. 97-2. BOARDS/COMMISSION RECOMMENDATION Not Applicable DISCUSSION In July 1998, Council formed Community Facilities District No. 97-2 (Preserve Maintenance District). CFD No. 97-2 was originally divided into two Improvement Areas, Improvement Area A and Improvement Area B, that were designated when CFD No. 97-2 was formed. Special taxes levied within Improvement Area A fund the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance within the initial boundaries of the Otay Ranch Preserve. Special taxes levied within Improvement Area B only fund the Resource Monitoring Program within that same area. Special taxes levied within Improvement Area C pay for both Preserve Operations and Maintenance and the Resource Monitoring Program consistent with the requirements of the Otay Ranch Resource Management Plan Phases I and II plus a pro-rata share of Administrative Expenses of CFD No 97-2. It is necessary to annex territory into Improvement Area C ofCFD No. 97-2; as such boundaries may be modified from time to time. Territorv Proposed to be Annexed The proposed boundaries of the territory proposed to be annexed to CFD No. 97-2 encompass the parcels located within the Otay Ranch Village Two, an Urban Village of approximately eight-hundred and eleven (810.9) acres located south of Olympic Parkway between TI.lture Heritage Road and La Media Road, and north of Wolf Canyon (see Exhibit "B", Otay Ranch Village Two Vicinity Map). Otay Project, LP., Otay Ranch 7-2 01109/07, Item T Page 3 of5 Investments, LP, Rancho Mesa, LP, the City of San Diego, and seventeen other entities own the property within the proposed annexation. Otay Ranch Village Two is proposed to contain approximately 1,310 single-family detached homes and 1,476 multi-family units (365.60 residential acres), industrial areas (94.70 acres) and a commercial area (12.50 acres), a public school (10.30 acres), three neighborhood parks (15.40 acres), one community park (44.60 acres), and several Comm1.mity, Purpose Facility CCPF") properties (6.30 acres). The Otay Landfill area located to the. southwest of the village will be excluded from the armexation. The City Council previously approved an armexation boundary map for this territory, identified as Annexation Map No.6, CFD No. 97-2 (Preserve Maintenance District), Improvement Area C. A reduced copy of the map is presented in Exhibit "C". Proposed S1;Jecial Tax The rate and method of apportionment of the special taxes authorized to be levied within the existing boundaries ofCFD No. 97-2 has five categories oftaxation, as follows: 1. Developed Parcels (Single Family and Multi-Family Residences) are taxed based on the square footage of the stmcture. 2. Industrial and Commercial Parcels are taxed on the acreage of the parcel. Developed Parcels are those parcels for which a building permit has been issued. 3. The Final Mapped properties, which include all single-family residential and multi-family residential parcels and all industrial and commercial parcels for which a building permit has not been issued, are taxed on acreage of the parcel. 4. Property not categorized as Developed or Final Mapped Property is taxed on acreage of the parcel. 5. The Exempt Category includes all publicly ovvned parcels and Homeowner's Association parcels. The Rate and Method of Apportionment for Annexation No. 6 uses the same methodology and maximum special tax rates as contained in the original rate and method . of apportionment approved at the time of formation of Improvement Area C of CFD No. 97-2. Collection of Taxes At the beginning of each fiscal year the administrator of CFD No. 97-2 shall determine the amount of the Special Tax Liability (budget plus reserve) of each Improvement Area. Then, the special taxes will first be levied within each of the Improvement Areas on the Developed Parcels therein to fund the Special Tax Liability for such Improvement Area. Ifthis pool of funds is not enough to fi.md the Special Tax Liability for such Improvement Area, as may be the case in the early years of development, CFD No. 97-2 will levy the special tax on the vacant land within such Improvement Area starting with Final Mapped Property. The buffer of having the vacant land covering any portion of the Special Tax Liability not funded from special taxes levied on Developed Parcels within an Improvement Area will disappear once the Improvement Area has been fully developed. If the Special Tax Liability for any fiscal year for an Improvement Area is less than the maximum special ta"\ authorized to be levied on the Developed Parcels within such 7-3 ~ 01/09/07, Item -:::;. Page 4 of 5 Improvement Area, the actual rate of the special taxes to be levied on such Developed Property in that specific year will be reduced accordingly. Following is a brief discussion of some key issues regarding the "Rate and Method of Apportionment (Ri\1A) of Special Taxes" proposed to be established for territory proposed to be annexed to CFD No. 97-2, Improvement Areil C: (See Exhibit "A" for full description ofRi\1A): . The Maximum Special Tax Rates increase each year by a factor equal to the annual percentage change in the Consumer Price Index. The RMA provides that the annual budget for any year may include an amount deemed necessary to maintain an adequate level of this operating reserve fund. The maximum special tax rates are based on the original Rate and Method of Apportionment of special taxes established for Improvement Area C of CFD No. 97-2 when Improvement Area C was formed. If the actual square footage of residential development and/or the acreage of non-residential (industrial and commercial) development within Improvement Area C meets or exceeds the projections on which the special tax rates were based, the achlal special tax rate necessary to be levied annually within Improvement Area C to fund the Special Tax Liability for Improvement Area C may be less than the authorized maximum special tax. Ap1;Jroved Maximum S1;Jecial Taxes The approved maximum and actual special tax rates for fiscal year 2006/07 for Improvement Area C ofCFD No. 97-2 are as follows: Table 1. Maximum Special Tax for Monitoring Special Tax Category Maximum Special Tax (Monitorino $0.0062 $101.1797 $101.1797 $65.3004 Table 2. Maximum Special Tax for Operations & Maintenance Special Tax Category Maximum Special Tax (0 erations & Maintenance) $0.0099 $160.6303 $160.6303 $103.6696 7-4 01/09/07, Item -::; Page 5 of5 Resolution There is one resolution on today's agenda, which, if adopted, will accomplish the following: The RESOLUTION MAKING DETER1\1INATIONS is the formal action of the City Council making certain findings and determinations pertaining to the annexation of Otay Ranch Village Two to CFD No. 97-2, Improvement Area C, and authorizes the electors of such territory to vote on the authorization to levy special ta.,es within such territory. DECISION MAKER CONFLICT Staffhas reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. FISCAL IMP ACT All costs of the annexation to the district are being paid by the developers and the on- going administration of the CFD will be nmded entirely by CFD No. 97-2. The City will recover the full cost for staff time involved in the annexation from the developer and full cost of stafftime for administration of CFD No. 97-2 from the CFD, in perpetuity. EXHIBITS: A. Rate and Method of Apportiornnent B. Otay Ranch Village Two Vicinity Map C. Annexation Map Prepared by: Boushra Salem, Senior Civil Engineer, Engineering Department J:\Engilleer',A GENDA ',CAS2007\O/ -09~07'ICFD 97-2 PH doc 7-5 EXHIBIT A RATE AND METHOD OF ApPORTIONMENT CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 97-2 IMPROVEMENT AREA C ANNEXATION No.6 (OTAY RANCH VILLAGE Two) l\ Special Tax of Community Facilities District No. 97-2 (preserve Maintenance District) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Atea C, Annexation No.6 (Otay Ranch Village Two), of the CFD and collected each Fiscal Year commencing with Fiscal Year 2006-2007 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIDNS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special Taxes, including salaries of City employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to administer Area C of the CFD as determined by the City. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel wIap with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County desigoating parcels by assessor's parcel number. "Building Square Foot or Square Footage" means the square footage as shown on an Assessor's Parcel's building permit of Residential Property excluding garages or other mMUilliFinancial Page 1 7-6 structures not used as living space. "CFD Administrator" means an official of the City, or designee thereof, responsible for detennining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. 97-2 of the City of Chula Vista. "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Property" or "CPF Property" means all Assessor's Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2883. "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit was issued prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied. "Final Map Property" means any residential lot or non-residential lot created by a Final Subdivision Map, but which is not classified as Developed Property. "Final Subdivision Map" means a subdivision of property creating residential or non- residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area C" or "Area C" means Improvement Area C of the CFD, as identified on the boundary map for the CFD as amended from time to time. "Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3. "Maximum Special Tax" means the maximum Special Tax, determined in accordance "'~th Section C below that may be levied in any Fiscal Year on any Assessor's Parcel of T a..'Cable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Property for II MuniRnancial Page 2 7-7 which a buildi...'"1.g per:::lit(s) has been issued for a st..ructure or struct'....lI'es for non-residential use. "Operating Fund" means a fund that shall be maintained within the CFD for each Fiscal Year to pay for Resource Monitoring and/ or Preserve Operations and Maintenance activities and Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Operating Fund Requirement" means for any Fiscal Year an amount equal to the Resource Monitoring Fund Requirement and the Preserve Operations and Maintenance Fund Requirement for the current Fiscal Year in which Special Taxes are levied. "Preserve Operations and Maintenance" means those activities described in Attachment A hereto which is incorporated herein by this reference. "Preserve Operations and Maintenance Fund Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Preserve Operations and Maintenance plus a pro- rata share of the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are le,ied. "Property Owner Association Property" means any property \vithin the boundaries of -"'\.l:ea C of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded \V.ith the County Recorder to, a property owner association, including any master or sub-association. "Public Property" means any property "itj,in the boundaries of Area C of the CFD that is, at the time of the CFD formation, expected to be used for any public purpose and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency. "Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal Year to pro,ide necessary cash flow for the first six months of each Fiscal Year, working capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Balance" means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for aay Fiscal Year. "Residential Property" means all },ssessor's Parcels of Developed Property for which a building pennit(s) has been issued for purposes of constructing one or more residential dwelling unit. "Resource Management Plan" means the Otay Ranch Phase 1 Resource Management II MuniFinancial Page 3 7-8 ~ Plan also referred to as "The Otay Ranch Resource Management Plan" dated October 28, 1993, and the Otay Ranch Phase 2, Resource Management Plan dated June 4, 1996, as both such plans may be amended from time to time. "Resource Monitoring Program" means those described in Attachment B hereto which is incorporated herein by this reference. : "Resource Monitoring Fund Requirement" means for any Fiscal Year an amount for each Improvement Area equal to the Improvement Area's fair share of the budgeted costs of the Resource Monitoring Program plus a pro rata share of the budgeted Administrative Expenses of the CFD for the current Fiscal Year in which Special Taxes are levied. Improvement Area C's "fair share" shall be based on Improvement Area C's percentage of the total acreage within the Otay Ranch General Development Plan Planning Area for which a Resource Monitoring Program funding mechanism has been established. "Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in Area C to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for Area C to: (i) pay the Resource Monitoring Fund Requirement, and Preserve Operations and Maintenance Fund Requirement, less the Operating Fund Balance, and (il) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (ill) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of Area C of the CFD that are not exempt from the Special Tax pursuant to law or as defined below. "Undeveloped Property" means, for each Fiscal Year, all T"''l:able Property not classified as Developed Property. . MuniFinancial Page 4 7-9 B. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX Each Fiscal Year using the defiIutions above, all Ta.'Cable Property ",~thin iliea C, Annexation No.6 (Otay R2.nch Village Two), of the CFD shall be classified as Category I, Category II, Category III or Exempt. Developed Property, Final Map Property or Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified h'1 Table 1. C. MAXIMUM SPECIAL TAX RATE CATEGORY I Category I includes Developed Property ",~thin the District ("Category In). The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance for Fiscal Year 2006-2007 on Developed Property are the rates set forth in Table 1 below. For Residential Property, the Special Tax shall be levied based upon Building Square Footage and for Non-Residential Property shall be levied based on Acreage. TABLE 1 MAXIMUM SPECIAL TAX FOR CATEGORY I COMMUNITY FACILITIES DISTRICT No. 97-2 I MPROVEMENT AREA C (FISCAL YEAR 2005-2007) Description Resource I Operation & Total Monitoring I Maintenance Residential $0.0062 sa ft $0.0099/ sa ft $0.0162/ sa ft Non- $101.1797/ acre $160.6303/acre $261.81/acre Residential CATEGORY II Category II includes each Assessor's Parcel of Taxable Property within the District for which a Final Map has been recorded, but which is not classified as a Developed Parcel ("Category II"). The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance approved for Fiscal Year 2006-2007 on each Assessor's Parcel in Category II is the rate set forth in Table 2 below (said amount to be levied pro rata for any portion of an Acre). ~MuniFinancial Page 5 7-10 TABLE 2 MAXIMUM SPECIAL TAX FOR CATEGORY II COMMUNITY FACILITIES DISTRICT No. 97-2 IMPROVEMENT AREA C (FISCAL YEAR 2006-2007) Resource Operation & Total Monitoring Maintenance $101.1797/acre $160.6303/acre $261.81/acre CATEGORY III Category III includes each Parcel of Taxable Property within the District not subject to Special Tax under any other category ("Category III"). The Maximum Special Tax approved for Fiscal Year 2006-2007 on Taxable Property within Category III is the rate set forth in Table 3 below (said amount to be levied pro rata for any portion of an Acre). TABLE 3 MAXIMUM SPECIAL TAX FOR CATEGORY III COMMUNITY FACILITIES DISTRICT No. 97-2 IMPROVEMENT AREA C (FISCAL YEAR 2006-2007) Resource Operation & Total Monitoring Maintenance $65.3004/ acre $103.6696/ acre $168.97/acre EXEMPT CATEGORY The Exempt Category includes each property owned, conveyed or irrevocably offered for dedication to a public agency, or land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parks, and open space lots ("Exempt Category"). IillMuniRnancial Page 6 7-11 SPECL~ CASES In some instances an Assessor's Parcel of Developed Property may contain more than one Land lise Class and be considered" Special Case". The Maximum Special Tax that may be levied on an Assessor's Parcel identified as Special Case shall be the sum of the Maximum Special Tax levies that may be levied on all Land Use Class,os located on that Assessor's Parcel. The CFD Administrator shall detemaine the allocation to each Land Use Class. ANNu.~ ESCALATION OF MAxIMUM SPECIAL TAX The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in Area C, Annexation No.6 (Otay Ranch Village Two), shall be increased each Fiscal Year beginning in Fiscal Year 2007-2008 and thereafter by a factor equal to the annual percentage change in the San Diego Metropolitan Area all Urban Consumer Price Index (All Items). D. METHDD DF APPDRTIDNMENT DF THE SPECIAL TAX Commencing with Fiscal Year 2006-2007, and for each follo\VIDg Fiscal Year, the Council shall levy the Area C, Annexation No.6 (Otay Ranch Village Two), Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: Step 1: Detemaine the revenue which could be generated by Parcels assigned to Category I by multiplying the Building Square Footage for Parcels classified as Residential Parcels by the Maximum Special Tax per Building Square Foot for Resource Monitoring, and Preserve Operations and Maintenance for Parcels and adding to that the maximum revenue which could be generated by multiplying the total acres for Parcels classified as Non-Residential Parcels by the Maximum Special Tax per Acre for Resource Monitoring and Preserve Operations and Maintenance. Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special Tax Lability for Improvement Area C, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Lability for the Fiscal Year. Step 3: If the toral revenue as calculated in Step 1 is less than the Special Tax Lability for Improvement i\rea C, a Special Tax shall be levied upon each Parcel \V~thin Improvement Area C, classified as Category II. The Special Tax for Parcels assigned to Category II shall he calculated as the lesser of: The Special Tax Lability for Improvement Area C as detemained by the City, less the total revenue generated for all Parcels under Step 1 above, divided by the total Acres for all Parcels within Improvement Area C assigned to Category II, eMuniFinancial Page 7 7-12 OR The Ma..-rimum Special Tax rate for Parcels assigned to Category II. Step 4: If the total revenue as calculated in Step 1 and 3 is less :than the Special Tax Liability, for Improvement Area C, a Special Tax shall be levied upon each Parcel within Improvement Area C classified as Category III. The Special Tax for Parcels assigned the Category III shall be calculated as the lesser of: The Special Tax Liability for Improvement Area C as determined by the City, less the total revenue generated for all Parcels under Step 1 and 3 above, divided by the total Acres for all Parcels within Improvement Area C assigned to Category III, OR The Maximum Special Tax rate for Parcels assigned to Category III and within Improvement Area C. However, in the event it is determined that the Special Tax Liability for Improvement Area C includes delinquent Special Taxes from Parcel in Category III from the prior Fiscal Year, the City shall determine the amount of delinquent taxes that arose from such Parcels and identify the owner( s). The amount of delinquent Special Taxes, if any, that arose from the applicable owner(s) shall first be divided by the total Category III Acres owned by such owner(s) and collected from the applicable owner(s) ,,~th the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from all Parcels in Category III according to the procedure set forth in the preceding paragraph. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property or Multi-Family Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Area C of the CFD. E. APPEALS Any landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their "".ssessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any, by the CFD Administrator, the landowner or resident believes such error still exists, II MuniFinancial Page 8 7-13 such person may file a written notice ",~th the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The R,view / Appeal Committee shall interpret r..llls Rate and Method of Apportionment and make'determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. F. MANNER OF COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of Area C of the CFD or as otherwise determined appropriate by the CFD Administratot. G. TERM OF SPECIAL TAX Taxable Property in Improvement Area C of the CFD shall remain subject to the Special Tax in perpetuity. II MuniRnancial Page 9 7-14 Attachment A Desctiption of Preserve Operations and Maintenance Preserve Operations and Maintenance includes the maintenance, operation and management of the public or private property within boundaries of the Qtay Ranch Preserve, as such boundaries may be modified from time to time, required by tlie Resource Management Phn to be maintained as open space or habitat preservation hnd or both. Such maintenance, operations and management shall include, but not be limited to, the following: (i) Preserve Maintenance. Development, implementation and ongoing provision of programs to maintain, operate and manage preserve habitat values through: cultivation, irrigation, trimming, spraying, fertilizing, and/or treatment of disease or injury; removal of trimmings, rubbish, debris and other solid waste; maintenance of trails; removal and control of exotic phnt species (weeds); and control of cowbirds through trapping. (il) Security. Development, implementation and ongoing provision of security programs to: enforce "no trespassing" rules; curtail activities that degrade resources, such as grazing, shooting, and illegal dumping; remove trash, litter, and other debris; control access; prohibit off-road traffic; and maintain fences and trails. (Iii) Preserve improvements: Acquire equipment and/ or install improvements necessary to maintain, operate and manage the open space and habitat preservation land described above. The above description of the Preserve Operations and Maintenance is general in nature. The actual maintenance, operations and management of the open space and habitat preservation land ",~thin the Otay Ranch Preserve may be modified from time to time as necessary in order to effectively provide such services in compliance ",~th the requirements of the Resource Management Plan. II MuniFinancial Page 10 7-15 Attachment B Description of Resource Monitoring Implement the annual biota monitoring and reporting program consistent with the Resource Management Plan to identify changes in the quality and qilantity of preserve resources L"eluding 'wildlife species, sensitive plants and sensitive habitat i:ypes. The above description of the Resource Monitoring is general in nature. The actual monitoring and reporting program may be modified from time to time as necessary in order to effectively provide such services consistent with the requirements of the Resource Management Plan. Ell MuniFinancial Pi<1ge 11 7-16 EXHIBIT '5 t ~ ,<,'~,- ;1 . / - \ ~// '-- :::--"-~~ ..// . .~~ \\ 7-17 -.J I ~ 00 "'''Hot "'~''''' ,,,," -<}. VICINITY MAP w~< s ~ :":~t.i!:2nancial =:t~_-=-r.:tl___ ANNEXATION MAP NO. 6 COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) IMPROVEMENT AREA C SHEET 1 OF 1 CITY OF CHULA VISTA COUNTY OF SAN DIEGO STATE OF CALIFORNIA CD l "" . FIL~O IN THI': OFFICE Of TH~ CITY CLERK THIS__~_. DAY OF - I HEREBY CERTIFY THAT TIlE WIT"I" MAl' ~HOwlNG. PHill'O~~IlIlOUND^RlES Of ANNEXATIONNO.6TOL"MMlJNjJ~fACIUTlf6DISIRICTNO."J."(PRESERVE "'~'NIEW."C~OISrAI(;l),I"'PAOVEl.IfmAHEAC,CIT'lOfCIIUl..AV'SlA. COUNTYrn=S.o.NDIEGO.STATEOFCAUfOf\NIA,WASAP~HOVIOUOYTHECflY COUNGILOFTIU;CITYOfCHUl-AVlSIAAI AfW<;U'AAM~ETINGTKEF1EOF, IIE~DO>lTHE_',^VOF .a"lti,IIYlTSAESOllJl'O~NO CfiY-ClEAK-- CIIYOj-GI1UlAII15TA FILED THIS OAVOF .lllOO,"TltJ~tKlUA OF ~6CK MINTH"'OOOl( ---= PAGE OF MAPS Of ASS",S5MENT AND CIJI.IMU<lIT't fAClU11ES DISTFI'CTs"Iit<DAll INSTRUMENT NO. _ ._ INTt1f:Of'fl(;<:OFllj~COUNTY REGORDHllN Tli~ COUNTY OF-liAN OIEGO,61AIE OF Gl\lIFORNl>. COONTYAECOflDE~ GOONTYOFSAND1EGD SIAlEO~ G/\llI'OfINl/\ flfFEflENCEISMADETOTHAT8QUNOMlYIAAPDF GOWAUNHV fl\GllIIIES OISTRICT 1..10_97.2 (PfiESEflVtO l.lI\INTEtlANGE DlSlAICl) QF IHE CITY OF GliuLA VISIAHE(;OflmoOWIIHTHE8ANDIEGOCOUNTYAEGOROEfl'SUff.:EINBUOl( 3OOf-MAPSOFASSESSIJ.ENTSl\NlICOr..u.tUNITYfAGIIIT'ESOI81fl,CT,PAGE52 ASINSTflUMENT~,\89~-j),2Jl16l1 THEUNESANOUIMeNSIONSOFI\NYASSESSUIlPAACIOlSliOWNONTIlISD,I\GHAM SHAll BE THOSE lINES 1\1..10 01"'IONSIONSI\8 SIlUW,", ON THE SAN ~EGO COUNTYAGCj;SSOfl"......PSfOlllHOtiiOPAA(;HS LISTED. HiE SAN Utt:<:;O lXlUNTYASSESSOA'SMAP8SHA.llGOViOIlNFOflAllDETI\II.8CONCERNINl> lHEk-INESA!iUOIMENS\ONSOFSUCHWT8UAPI\f\CEUi, FOAOHl\ll.SONl.OTSWITHINTlI.ECHlJ!.AIIISTI\THAGl NO. lltill50TI\VAANCIlVlUAGE2 ANUI.OFllIONSOfVII!....'.~4.I\.MI\~ H~EH IOlIIESUIlOil/lSKJNI.....rNU I'"'" ON FllEWITH IHECI1YOFCHOlAlIlSUANOTIiEHECOf\UEHOflllE lXlUNTYOF SI\,",UIEOO. LEGEND ANNEXAllON BOUNDARY CD IMP AEFERENCE NUMBER ~ NOII\PAHT ., Reler~"c" Numb", L5!!O".cription _.......L.._ As.,,",ot Patcel Number 6H.DlD-15-00 LOTS 1 JJ INCUJSIV!:: AND LOTS A-D INCLUSIVE Of CHULA VIST TRACT NO. 06-05 OTAV RANCH VlllAl.i1:O 2 AND PORTIONS Of VillAGE 4 "A" MAP, AS SHOWN ON TIlE MAP FII.EO Ai;; SUBDIVISION MAP NO. 15350 IN THE OFFICIAL RECORDS Of THE RECOfWER ()~ 'IHE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ON MAY 26, 2006, AS FILE NO. 2011b llJl~JOJ EXH~B~T c, RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNLA., ACTING AS THE LEGISLATNE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN DETER..c1\1INATIO:t--iS Al"\iTI AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY, ANNEXATION NO.6 (OTAY RANCH VILLAGE TWO), PROPOSED TO BE Al'lNEXED TO SUCH COMMUNITY FACILITIES DISTRICT. WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA. CALIFORNIA (the "City Council"), has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an improvement area in an existing community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENA.,,"lCE DISTRICT) (the "District") and the improvement area has been designated as IMPROVEMENT AREA "c" ("Improvement Area 'C"'); and, WHEREAS, notice of a public hearing relating to the annexation of territory to Improvement Area "C," the extent of the territory to be annexed, the furnishing of certain public services and all other related matters has been given; and, WHEREAS, the territory proposed to be annexed IS known and designated as COMMUNITY FACILITIES DISTRICT :t--i0. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "C," Al"lNEXATION NO.6 (the "Territory"); and, WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing either within the Territory or Improvement Area "c" and/or property owners representing more than one-half (1/2) or more of the area of land within the Territory or within Improvement Area "C;" and, WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within the Territory for each of the 90 preceding days, this legislative body desires to submit the levy of the required special tax to the landowners of the Territory, said landowners being the qualified electors as authorized by law. 7-\9 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Recitals The above recitals are all true and correct. SECTION 2. Determinations It is determined by this City Council that: (a) all proceedings prior hereto were valid apd taken in conformity with the requirements of law, and specifically the provisions of the Community Facilities District Law, and this finding is made pursuant to the provisions and authorization of Section 53325.1 of the Government Code of the State of California; (b) the annexation of the Territory to Improvement Area "c" of the District as proposed conforms with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts; (c) less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of the Territory and each landowner who is the owner ofrecord as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the Territory; (d) the time limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of the Territory and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Territory; (e) the City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution annexing the Territory to the District and Improvement Area "c" thereto; and (f) the public services proposed to be financed from the proceeds of special taxes to be levied within the Territory are necessary to meet increased demands placed upon the City as a result of development and/or rehabilitation occurring in the Territory. SECTION 3. Boundaries Of Annexed Area The boundaries and parcels of land of the Territory and in which the public services are to be provided and on which special taxes will be levied in order to pay the costs and expenses for such public services are generally described as follows: All that property within the Territory proposed to be annexed to the District and Improvement Area "c" thereto, as such property is shown on a map as previously approved by this legislative body, 7-~O such map designated by the number of the annexation and the name of the District, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. A general description of the territory included in the District IS hereinafter described as follows: All that property and territory as originally included within and previously annexed to the District, as such property is sho\VTI on maps of the original District and territory previously annexed and approved by this City Council and designated by the name of the original District and Annexation Nos. I through S. A copy of such maps are on file in the Office of the City Clerk and have also been filed in the Office of the County Recorder. SECTION 4. Description Of Services The services that are authorized to be financed from the proceeds of special taxes levied within Improvement Area "C" of the District are certain services which are in addition to those services provided in or required for the territory within Improvement Area "C" and will not be replacing services already available. A general description of the services authorized to be financed by Improvement Area "C" is as follows: The monitoring, maintenance, operation and management of public property in which the City has a property interest and which conforms to the requirements of the Ordinance or private property within the Otay Ranch Preserve which is required by the Preserve Owner/Manager to be maintained as open space or for habitat maintenance or both. Such property may be located outside the boundaries of the District and outside the jurisdictional boundaries of the City of Chula Vista. Such services shall not include the maintenance, operation and/or management of any property owned, maintained, operated and/or managed by the federal and/or state government as open space, habitat maintenance and/or for any other purpose. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such monitoring, maintenance, operation and management of such public property. The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied \Vithin Improvement Area "C" are the types of services to be provided in the Territory. If and to the extent possible, such services shall be provided in cornmon within Improvement Area "C" and the Territory. SECTION 5. Special Tax Except where funds are otherwise available, a special tax sufficient to pay for such services to be provided in the Territory, secured by recordation of a continuing lien against all non-exempt real property in the Territory will be levied annually within the boundaries of the Territory. For particulars as to the rate and method of 7-~1 apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit "A" which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the Territory to clearly estimate the maximum amount of the special tax that such person will have to pay. The special taxes shall be collected in the same manner as ad valorem property taxes and shall be subj ect to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this City Council may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Chula Vista, acting for and on behalf of the District. SECTION 6. Election The proposition related to the levy of the special tax shall be submitted to the qualified electors of the Territory, said electors being the landowners, with each landowner having one (I) vote for each acre or portion thereof of land which he or she owns within said annexed territory. The special election shall be held on January 16,2007, and said election shall be a special election to be conducted by the City Clerk (hereinafter "Election Official"). If the proposition for the levy of the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for in this Resolution. SECTION 7. Ballot The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 97-2, IMPROVEMENT AREA "C" ANNEXATION NO.6 AUTHORIZATION FOR SPECIAL TAX LEVY Shall Community Facilities District No. 97-2 (preserve Maintenance District) ("District") of the City of Chula Vista, subject to the accountability measures required pursuant to California Government Code Section 50075.1 and following, be authorized to levy special taxes within the territory identified as Annexation No. 6 to Improvement Area "c" pursuant to the rate and method of apportionment of special taxes (the "Rate and Method") set forth in the "Resolution of the City Council of The City of Chula Vista, California, Acting As the Legislative Body of the District, declaring its intention to authorize the Annexation, Annexation No.6, of territory (Otay Ranch Village Two) to Community Facilities District No. 97-2 (Preserve Maintenance District) and Improvement Area "c" thereto and setting the public hearing to consider the authorization of said Annexation and authorizing submittal of levy of special taxes to qualified voters within said territory proposed to be annexed to Community Facilities District 97-2 (Preserve Maintenance District)" to fmance the authorized services and administrative expenses and to fund and replenish a reserve fund, all as provided for in the Rate and Method? 4 7-22 SECTION 8. Vote The appropriate mark placed in the line before the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the line before the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 9. Election Procedure This City Council hereby authorizes the Election Official to take any and all steps necessary for the holding of silid election and ratifies any such steps previously taken by such Election Official which were necessary for the holding of such election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: (a) (b) (c) (d) (e) (1) (g) (h) (i) (j) PREPARED BY: Prepare and furnish to the election officers necessary election supplies for the conduct ofthe election. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. Furnish and address official ballots for the qualified electors of the District. Cause the official ballots to be mailed and/or delivered, as required by law. Receive the returns of the election. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. Canvass the returns of the election. Furnish a tabulation ofthe number of votes given in the election. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed by the District and pay costs and expenses of all election officials. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. APPROVED AS TO FORM BY: /~ .4 ,/ \ () / , j.n. ! /} \ '-./L I ~\ ir( / Afum ~oie . ~.. i.. 'C<-U . \' City Att,oruey IJ Scott Tulloch City Engineer 7-~3 CITY OF CHULA VISTA ANNEXATION NO.6 TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) IMPROVEMENT AREA "C" EXHIBIT "A" R~TE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 7~~ EXHIBIT If A II RATE AND METHOD OF ApPORTIONMENT CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 97-2 IMPROVEMENT AREA C : ANNEXATiON NO.6 (OTAY RANCH VILLAGE Two) A Special Tax of Community Facilities District No. 97-~ (preserve Maintenance District) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area C, Annexation No.6 (Otay Ranch Village Two), of the CFD and collected each Fiscal Year commencing with Fiscal Year ~006-~007 in an amount determined through the application of the rate and method of apportionment of the Special Tax set forth helow. All of the real property in the CFD, unless exempted by law or by the proVIsions hereof, shall be taxed for the purposes, to the extent and in the manner hereIn provided. A. DEFINITIDNS The terms hereinafter set forth have the follo'Wl.ng meanings: "Acre or Acreage" means the land area of an ..-\ssessor's Parcel as shov.n on an Assessor's Parcel Map, or if the land area is not shown on an i\.ssessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, other final map, other parcel map, other condominium plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the'Mello-Roos Community Facilities i\.ct of 1982, as amended, being Chapter 2.5, Part 1, Division ~ of Tide 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special T""""es, including salaries of City employees and a proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes; and any other costs required to administer Area C of the CFD as determined by the CiI)'. II Assessor's Parcel" means a lot or parcel shown in an Assessor1s Parcel Nfap \\lith an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County desigoating parcels by assessor's parcel number. "Building Square Foot or Square Footage" means the square foorage as shown on an Assessor's Parcel's building permit of Residential ProperI)' excluding garages or other ElMuniFinancial Page 1 7-25 ~ structures not used as living space. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. 97-2 of the City of Chula Vista. "City" means the City of Chula Vista. "City Clerk" means the City Clerk for the City of Chula Vista or his or her designee. "City Manager" means the City Manager for the City of Chula Vista or his or her designee. "Community Purpose Facility Property" or "CPF Property" means all Assessor's Parcels which are classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2883. "Council" means the City Council of the City of Chula Vista, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit was issued prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied. "Final Map Property" means any residential lot or non-residential lot created by a Final Subdivision Map, but which is not classified as Developed Property. "Final Subdivision Map" means a subdivision of property creating residential or non- residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pi.ltsuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area C" or "Area C" means Improvement Area C of the CFD, as identified on the boundary map for the CFD as amended from time to time. "Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Property for EMuniFinancial Page 2 7-26 which a building permit(s) has been Issued for a structure or structures for non-residential use. "Operating Fund" means a fund that shall be maintained "Within the CFD for each Fiscal Year to pay for Resource Monitoring and/ or Preserve Operations and rvIaintenance activ'ities and Administrative Expenses. : "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Operating Fund Requirement" means for any Fiscal Year an amount equal to the Resource Monitoring Fund Requixement and the Preserve Operations and Maintenance Fund Requixement for the current Fiscal Year in which Special Taxes are levied. "Preserve Operations and Maintenance" means those activities described in Attachment l' hereto which is incorporated herein by this reference. "Preserve Operations and Maintenance Fund Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Preserve Operations and :tYIaintenance plus a pro- rata share of the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. "Property Owner Association Property" means any property ,vithin the boundaries of Area C of the CFD that is owned by, or ixrevocably dedicated as indicated in an instrument recorded "\v1th the County Recorder to, a property owner association, including any master or sub-association. "Public Property" means any property within the boundaries of Area C of the CFD that is, at the time of the CFD formation, expected to be used for any public purpose and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency. "Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal Year to provide necessary cash flow for the fIrst six months of each Fiscal Year, working capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Resenre Fund Balance" means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. "Resenre Fund Requirement" means an amount equal to up to 1000/0 of the Operating Fund Requixement for any Fiscal Year. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one or more residential dwelling unit. "Resource Management Plan" means the Gtay Ranch Phase 1 Resource :ivlanagement IlMuniRnancial Page 3 7-27 Plan also referred to as "The Otay Ranch Resource Management Plan" dated October 28, 1993, and the Otay lLtnch Phase 2, Resource Management Plan dated June 4, 1996, as both such plans may be amended from time to time. "Resource Monitoring Program" means those described in Attachment B hereto which is incorporated herein by this reference. : "Resource Monitoring Fund Requirement" means for any Fiscal Year an amount for each Improvement Area equal to the Improvement Area's fair share of the budgeted costs of the Resource Monitoring Program plus a pro rata share of the budgeted i\.dministrative Expenses of the CFD for the current Fiscal Year in which Special Taxes are levied. Improvement Area C's "fair share" shall be based on Improvement Area C's percentage of the total acreage within the Otay Ranch General Development Plan Planning Area for which a Resource Monitoring Program funding mechanism has been established. "Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in Area C to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for Area C to: (i) pay the Resource Monitoring Fund Requirement, and Preserve Operations and Maintenance Fund Requirement, less the Operating Fund Balance, and (il) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (iii) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special T"""es levied in the previous Fiscal Year. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels ,vithin the boundaries of Area C of the CFD that are not exempt from the Special Tax pursuant to law or as defIned below. "Undeveloped Property" means, for each Fiscal Year, all T""~able Property not classifIed as Developed Property. II MuniFinancial Page 4 7-28 B. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX Each Fiscal Year using the def111.itions above, all Taxable Property 'Within Area C, Annexation No.6 (Otay Ranch Village Two), of the CFD shall be classified as Category I, Category II, Category III or Exempt. Developed Property, Final Map PropeIty or Undeveloped Property, and shall be subject to Special Ta..'{es pUIsuant to Sections C and D below. Developed Property shall be furtheI assigned to a Land Use Class as specified in Table I. C. MAXIMUM SPECIAL TAX RATE CATEGORY I Category I includes Developed PropeIty 'Within the District ("Category 1''). The Maximum Special Tax for Resource Monitoring, a..red Preserve Operations and lvIaintenance for Fiscal Year 2006-2007 on Developed Property aIe the Iates set forth in Table 1 below. For Residential PropeIty, the Special Tax shall be levied based upon Building SquaIe Footage and for Non-Residential Property shall be levied based on ACIeage. TABLE 1 MAXIMUM SPECIAL TAX FOR CATEGORY I COMMUNITY FACiLiTIES DISTRICT No. 97-2 IMPROVEMENT AREA C (FISCAL YEAR 2006-2007) Description Resource Operatlon & Total l'vIonltoring IYIaintenance Residential , $0.0062 Sq ft $0.0099/ sq ft $00162/sq ft Non- $101.1797/acre $160.6303/acre $261.81/acre Residential CATEGORY II Category II includes each Assessor's Parcel of Taxable Property within the District for which a Final Map has been recorded, but which is not classified as a Developed Parcel ("Category II"). The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance approved for Fiscal Year 2006-2007 on each Assessor's Parcel in Category II is the rate set forth in Table 2 below (said amount to be levied pro rata for any portion of an Acre). iii MuniFinancial Page 5 7-29 ~ TABLE 2 MAXIMUM SPECIAL TAX FOR CATEGORY II COMMUNITY FACILITIES DISTRICT No. 97-2 IMPROVEMENT AREA C (FISCAL YEAR 2006-2007) Resource Operation & Total Monitoring h.hintenance $101.1797/acre $160.6303/acre $261.81/acre CATEGORY III Category III includes each Parcel of Taxable Property within the District not subject to Special Tax under any other category ("Category III"). The Maximum Special Tax approved for Fiscal Year 2006-2007 on Taxable Property within Category III is the rate set forth in Table 3 below (said amount to be levied pro rata for any portion of an Acre). TABLE 3 MAXIMUM SPECIAL TAX FOR CATEGORY III COMMUNITY FACILITIES DISTRICT No. 97-2 IMPROVEMENT AREA C (FISCAL YEAR 2006-2007) Resource Operation & Total Monitoring LVIaintenance $6j.3004/ acre $1036696/acre $168.97/acre EXEMPT CATEGORY The Exempt Category includes each property owned, conveyed or irrevocably offered for dedication to a public agency, or land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parks, and open space lots ("Exempt Category"). II MuniFinancial Page 6 7-30 SPECIAL CASES In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Class and be considered" Special Case". The Maximum Special Tax that may be levied on an i\ssessor's Parcel identified as Special Case shall 1;>e the sum of the Maximum Special Tax levies that may be levied on all Land L se Classes located on that Assessor's Parcel. The CFD Administrator shall determine the allocation to each Land Use Class. fu"INUAL ESCALATION OF MAxIMUM SPECIAL TA.X The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in Area C, Annexation No.6 (Otay Ranch Village Two), shall be increased each Fiscal Year beginning in Fiscal Year 2007-2008 and thereafter by a factor equal to the annual percentage change in the San Diego Metropolitan Area all Urban Consumer Poce Index (All Items). D. METHOD OF APPORTiONMENT OF THE SPECiAL TAX Commencing ,vith Fiscal Year 2006-2007, and for each following Fiscal Year, the Council shall levy the Area C, Annexation No.6 (Otay Ranch Village Two), Special Tax at the rates established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Special Tax Requaiement. The Special Tax shall be levied each Fiscal Year as follows: Step 1: Determine the revenue which could be generated by Parcels assigned to Category I by multiplying the Building Square Footage for Parcels classified as Residential Parcels by the Maximum Special Tax per Building Square Foot for Resource Monitoring, and Preserve Operations and lvIaintenance for Parcels and adding to that the maximum revenue \,vruch could be generated by multiplying the total acres for Parcels classified as Non-Residential Parcels by the Maximum Special Tax per Acre for Resource Monitoring and Preserve Operations and Maintenance. Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special Tax Liability for Improvement Area C, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Year. Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability for Improvement J\rea C, a Spedal Tax shall be levied upon each Parcel within Improvement Area C, classified as Category II. The Special Tax for Parcels assigned to Category II shall be calculated as the lesser of: The Special Tax Liability for Improvement Area C as detenrined by the City, less the total revenue generated for all Parcels under Step 1 above, divided by the total Acres for all Parcels "'~thin Improvement Area C assigned to Category II, RMuniFinancial Page 7 7-31 OR The Maximum Special Tax rate for Parcels assigned to Category II. Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax Liability, for Improvement i\.rea C, a Special Tax shall be levied upon each Parcel within Improvement Area C classified as Category III. The Special Tax for Parcels assigned the Category III shall be calculated as the lesser of: The Special Tax Liability for Improvement Area C as determined by the City, less the total revenue generated for all Parcels under Step 1 and 3 above, divided by the total Acres for all Parcels within Improvement Area C assigned to Category III, OR The Maximum Special Tax rate for Parcels assigned to Category III and within Improvement Area C. However, in the event it is determined that the Special Tax Liability for Improvement Area C includes delinquent Special Taxes from Parcel in Category III from the prior Fiscal Yeax, the City shall determine the amount of delinquent taxes that arose from such Paxcels and identify the owner(s). The amount of delinquent Special Taxes, if any, that arose from the applicable owner(s) shall first be divided by the total Category III Acres owned by such owner( s) and collected from the applicable O\lmer( s) with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from all Parcels in Category III according to the procedure set forth in the preceding paragraph. Notwithstanding the above, under no circumstances will the Special Tax levied against any i\ssessor's Parcel of Residential Property or Multi-Family Property for which an occupancy permit for private residential use has been issued be increased by mote than ten percent annually up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Nea C of the CFD. E. APPEALS Any landowner or resident who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD AdmInistrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred, the CFD Administrator may amend the amount of the Special To." levied on such Assessor's Parcel. If following such consultation and action, if any, by the CFD Administrator, the landowner or resident believes such error still exists, II MuniRnancial Page 8 7-32 such person may fIle a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Cpon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of the CFD, a special three-member Revie\.v/ Appeal Committee. The RevIew/Appeal Committee may establish such procedures, as it deems necessarj to undertake the review of any such appeal. The ReView/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specifIed. The decision of the Review/Appeal Committee shall be fInal and binding as to all persons. F. MANNER OF COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad va/orem property taxes; provided, however, that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a diffetent manner if necessary to meet the fInancial obligations of Area C of the CFD or as othenvise determined appropriate by the CFD Administrator. G. TERM OF SPECIAL TAX Taxable Property in Improvement iuea C of the CFD shall remain subject to the Special T <L<';: in perpetuity. EMuniFinancial Page 9 7-33 Attachment A Description of Preserve Operations and Maintenance Preserve Operations and IYfaintenance includes the maintenance, operation and management of the public or private property within boundaries of the oray Ranch Preserve, as such boundaries may be moelified from time to time, required by the Resource Management Plan to be maintained as open space or habitat preservation land or both. Such maintenance, opera tions and management shall include, but not be limited to, the following: (i) Preserve Maintenance. Development, implementation and ongoing provision of programs to maintain, operate and manage preserve habitat values through: cultivation, irrigation, trimming, spraying, fertilizing, and/or treatment of elisease or injury; removal of trimmings, rubbish, debris and other solid waste; maintenance of trails; removal and control of exotic plant species (weeds); and control of cowbirds through trapping. (Ii) Security. Development, implementation and ongoing provision of security programs to: enforce "no trespassingll rules; curtail activities that degrade resources, such as grazing, shooting, and illegal dumping; remove trash, litter, and other debris; control access; prohibit off-road traffic; and maintain fences and trails. (iii) Preserve improvements: Acquire equipment and/ or install improvements necessary to maintain, operate and manage the open space and habitat preservation land described above. The above description of the Preserve Operations and Maintenance is general in nature. The actual maintenance, operations and management of the open space and habitat preservation land within the Otay Ranch Preserve may be modified from time to time as necessary in order to effectively provide such services in compliance with the requirements of the Resource Management Plan. II MuniFlflancial Page 10 7-34 Attachment B Desctiption of Resource Monitoring Implement the annual biota monitoring and reporti."'lg program consistent '-Vith the Resource Management Plan to identlfy changes in the quality and qu~ntity of preserve resources including 'Wlldlife species, sensitive plants and sensitive habitat types. The above description of the Resource Monitoring is general h'l nature. The actual monitoring and reporting program may be modified from time to time as necessary in order co effectively provide such services consistent \.:\l1.th the requixements of the Resource l.'vIanagemenc Plan. II MuniRnancial Page 11 7-35 CITY COUNCIL AGENDA STATEMENT January 9, 2007, Item " ITEM TITLE: RESOLUTION APPROVING A LEASE AGREEMENT WITH HTH LEARNING TO LEASE 8 ACRES OF CITY- OWNED LAND TO DEVELOP A CHARTER HIGH SCHOOL AND ENVIRONMENTAL RESEARCH CENTER, WITH AN OPTION TO DEVELOP A CHARTER MIDDLE SCHOOL ON 2.7 ACRES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT .:xI ACTING DIRECTOR OF CO~ITY DEVELOPMENT ~i INTERIM CITY MANAGER d { SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES D NO 0 BACKGROUND , HTH Learning is a private nonprofit organization overseeing the development' and operation of the facilities that house High Tech High schools. High Tech High is a charter high school design model, emphasizing small school size, small classes, personalized project-based learning, real-world immersion, and performance-based assessment. HTH Learning currently operates a total of seven high, middle and elementary schools, with six in San Diego and one school in northern California. Representatives of HTH Learning approached City staff over one year ago to discuss locating one or more High Tech High schools in Chula Vista. Staff and HTH Learning believe that the best location for a campus is on City-owned land within the City's University Park and Research Center (see Attachment I). Staff has negotiated a lease agreement with HTH Learning to develop High Tech High Environmental and a related environmental research center on an 8-acre site. The lease provides for ap option for HTH Learning to develop High Tech Middle Environmental on approximately2.7 acres adjacent to the high school. The lease agreement also acknowledges a potential second option that will allow 8TH Learning and the City to negotiate the right to lease an additional six acres to develop three additional High Tech High schools on a site to be determined within the ultimate development of the University Park and Research Center (upRC). ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no . 8-1 January 9, 2007, Item~ Page 2 of 4 possibility that the activity in question may have a significant effect on the environment; therefore, pursuant to Section l506l(b)(3) of the State CEQAGuidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Adopt the resolution approving a lease agreement with Hm Learning to lease 8 acres of City-owned land to develop a charter high school and environmental research center, with an option to develop a charter middle school on 2.7 acres, and authorizing the City Manager to execute said agreement. BOARDS/COMMISSION RECOMMENDATION Not Applicable DISCUSSION High Tech High began in 2000 as a single charter high school launched by a coalition of San Diego business leaders and educators concerned by the city's shortage of qualified high-tech workers. It has evolved into a nationally recognized school development organization with a growing portfolio of innovative charter schools that are designed to ensure that all students graduate well prepared for college, work, and citizenship. High Tech High creates a personalized, project-based learning environment where students are known well and challenged to meet high expectations. The proposed lease agreement proposal will allow the development of an environmentally focused high school and related environmental research facility on an eight-acre site. The lease will be for an initial term of 50 years, with two 25-year options for the nominal rate of $1 per year. The agreement requires HTH Learning to receive all necessary approvals from the City and all other appropriate agencies, including, but not limited to a Conditional Use Permit (CUP). The approval of the lease agreement does not approve the project itself. The City retains its sole and unfettered discretion to approve or disapprove any future discretionary actions that may come before the City. If HTH Learning fails to get all necessary approvals, the lease will become null and void. The lease agreement also allows for one additional option, which will allow for an environmentally focused middle school on approximately 2.7 acres directly east of the high school site. The lease also acknowledges the desire of the High Tech High Learning to potentially pursue a second option to negotiate for the development of up to three additional schools on a maximum of six acres within the ultimate development of the City's UPRC project. The options can only be exercised once High Tech High demonstrates that they have the fmancial capacity and student demand to build and operate the additional schools. It is anticipated that the first option would be exercised within the next one to two years. When completed, the high and middle schools will have approximately 900 students and 65 faculty and staff. The second option is a long-term proposal, and is not contemplated for approximately three-six years. 8-2 o January 9, 2007, Item~ Page 3 of 4 High Tech High Environmental (HTHE) and High Tech Middle Environmental (HTME) will be small, academically rigorous, public charter schools based on the HTH design principals of personalization, adult-world connection, and common intellectual mission. The primary goals of HTHE and HTME will be to: . Provide students with relevant academic and workplace skills, preparing graduates for rewarding lives in an increasingly technological and global society. . Increase the number of low-income and minority students who succeed in high school and postsecondary education and who become productive members and leaders in the high-technology industry. The focus on global environmental issues at HTHE and HTME will be reflected not only in the curriculum of each school, but also in the design and function of the school facilities. The design will utilize two green building guides to benchmark the "green-ness" of the High Tech High schools. The two green building guides to be used as benchmarks are the US Green Building Council's LEED rating system and the Collaborative for the High Performance Schools Best Practices System. Each of these systems incorporates sustainable products, water efficiency, energy and atmosphere, materials and resources and indoor air quality. It has been proposed that the school be entirely energy autonomous and serve as a paragon for environmental education with the hope that the school will receive the highest possible certification on the LEED rating system. HTHE and HTME will be located on City-owned land within the University Park and Research Center. The proposed schools' academic mission and research facilities will provide future collaboration and research opportunities with the National Energy Center for Sustainable Communities, which will also be located at the UPRC, as well as future academic partners within the campus. The proposal by High Tech High is strategically aligned with the goals and objectives of the UPRC and the City of Chula Vista, and will enhance the efforts of the City to develop the UPRC. Staff has also worked with the Planning Department and project consultants to ensure the proposed site will not preclude or interfere with the overall development of the UPRC. The lease agreement also requires HTH to cooperate with the City and its academic partners in all future planning and development of the UPRC. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. 8-3 January 9, 2007, Item-A-- Page 4 of 4 FISCAL IMP ACT The proposed project will not have an impact on the City's General Fund. As a result of the lease agreement, the applicant has made a deposit of approximately $8,400 to cover staff time for the processing of the CUP and related environmental review for their proposal. The nominal lease rate proposed by staff is $1 per year. High Tech High Learning will be responsible for all c<:,sts associated with the development and'maintenance of their facility. The lease structure will allow the City to retain long-term ownership and control of the property. The lease structure is consistent with the anticipated financial structure of the entire UPRC project. ATTACHMENTS I. Vicinity Map Prepared by: Craig Ruiz, Principal Community Development Specialist, Community Development Dept. 8-4 COUNCIL RESOLUTION NO. 2007- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEASE AGREEMENT WITH HTH LEARNING TO LEASE 8 ACRES OF CITY-OWNED LAND TO DEVELOP A CHARTER HlGH.SCHOOL AND ENVIRONMENTAL RESEARCH CENTER, WITH AN OPTION TO DEVELOP A CHARTER l\1IDDLE SCHOOL ON 2.7 ACRES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT WHEREAS, High Tech High Learning is a recognized public benefit corporation providing certain educational programs, services and/or other related services, programs and activities to the general public, including the citizens of the City; WHEREAS, HTH Learning has developed and operates seven charter high, middle and elementary schools in San Diego and northern California; and WHEREAS, HTH Learning approached the City of Chula Vista about developing High Tech High Environmental, High Tech Middle Environmental and an environmental research facility within the City of Chula Vista; and WHEREAS, City staff and HTH Learning believe that the best location for High Tech High Environmental and High Tech Middle Environmental is within the City's University Park and Research Center; and WHEREAS, the academic mission and environmental research facility of the proposed schools are aligned with the strategic goals and objectives of the University Park and Research Center; and WHEREAS, staff has negotiated a lease agreement with High Tech High Learning to develop High Tech High Environmental, High Tech Middle Environmental and an environmental research facility; and \VHEREAS, the City and HTH Learning agree that there may be a community benefit to having additional High Tech High schools in addition the two schools contemplated in this agreement, and that said additional schools could be located within the University Park and Research Center; and WHEREAS, City hereby acknowledges said educational programs, services and/or activities provided by High Tech High Learning are valuable consideration received from High Tech High Learning in return for its use of said real property in accordance with the terms, covenants, conditions and provisions contained within the lease agreement and incorporated herein; and 8-5 Resolution No. 2007- Page 2 WHEREAS, the City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity in question may have a significant effect on the environment; therefore, pursuant to Section l506l(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the Lease Agreement between the City of Chula Vista and HTH Learning to develop and operate the High Tech High Environmental and an environmental research center, with an option to develop High Tech Middle Environmental on City-owned property with in the City's University Park and Research Center, and authorize the City Manager to sign said agreement. Presented by Approved as to form by Ann Hix Acting Director of Community Development J:\COMMDEV\RESOS\2007\OHJ9-07\High Tech High.doc 8-6 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 o?;d~, LL-t / Moore City Attorney Dated: 1/) /u7 I ~ Property Lease Agreement Between the City of Chula Vista and HTH Learning for Property at the Southeast Comer of the Future Intersection of Discovery Falls and Hunte Parkway (APN 643-070-10) 8-7 PROPERTY LEASE AGREEMENT BY AND BETWEEN TEE CITY OF CHULA VISTA AND HTH LEARNING FOR THE LEASE OF CITY OWNED REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRIVE ~~ HUNTE PARKWAY (APN 643-070-10) DATED January 9, 2007 8-8 CITY OF CHULA VISTA PROPERTY LEASE AGREEMENT WITH HTH LEARNING FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRIVE AND HUNTE PARKWAY (APN 643-tl70-10) THIS LEASE AGREEMENT is executed between the CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and HTH LEARNING, a qalifornia non-profit public benefit corporation, hereinafter called "Lessee". RECIT ALS WHEREAS, City is owner of the real property described herein; WHEREAS, the City and the Lessee intend to enter into an agreement that will allow for the development of up to five High Tech High charter schools and an environmental research center on property within the City's University Park and Research Center; and WHEREAS, this lease agreement will allow for the development of High Tech High environmental high school and an environmental research center on eight (8) acres of City-owned land, as more precisely described below; and WHEREAS, this lease agreement will consider High Tech High's option to lease approximately two additional acres adjacent to High Tech High environmental high school to develop and operate a second High Tech High school on City-owned land, as more precisely described below; and WHEREAS, the City and Lessee agree that there is a community benefit to having additional High Tech High schools in addition the two schools contemplated in this agreement, and that said additional schools could be located within the University Park and Research Center; and WHEREAS, at such time that the Lessee can demonstrate to the satisfaction of the City ofChula Vista that they have both the [mancial capacity and educational demand to construct additional schools, the City and High Tech High will negotiate in good faith to allow High Tech High to develop up to three additional schools on a maxinlUm of six acres within the ultimate development of the University Park and Research Center; and WHEREAS, Lessee is a recognized public benefit corporation providing certain educational programs, services and/or other related services, programs and activities to the general public, including the citizens of the City; and WHEREAS, City hereby acknowledges said educational programs, services and/or activities provided by Lessee as valuable consideration received from Lessee in return for its use of said real property in accordance with the terms, covenants, conditions and provisions contained herein below; and \VHEREAS, the Lessee partners with the business community to provide educational programs and work experience for its students, and intends to continue the practice of partnering with the business community in the schools considered in this agreement; and WHEREAS, City will consider in good faith a request by Lessee for a Reimbursement Agreement for any oversizing of infrastructure improvements which benefit the University Park and Research Center. 1 8-9 CITY OF CHULA VISTA PROPERTY LEASE AGREEMENT WITH HTH LEARNING FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRIVE AND HUNTE PARKWAY (APN 643-<)70-10) WHEREAS, this Lease supercedes all prior written and/or oral agreements, statements or other matters regarding said real property by and between City and Lessee. .' AGREEMENT NOW THEREFORE, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: SECTION 1: USES 1.01 Premises. City hereby leases to Lessee, and Lessee takes and hires from City, subject to conditions hereinafter expressed, that certain real property, together with the buildings, improvements and appurtenances to be constructed and erected thereon by Lessee, situated in the City of Chula Vista, County of San Diego, State of California, generally known as HTH University Park, as outlined and delineated on Exhibit "A" attached hereto and by this reference made part of this Lease ("Development Plan"). Said real property is hereinafter called the "Demised Premises". The Demised Premises consists of approximately eight (8) acres. In addition, City hereby grants to Lessee the option to expand the Demised Premises ("Expansion Option") to include the following additional real property situated in the City ofChula Vista, County of San Diego, State of California: the fIrst expansion area ("Expansion Area") consisting of approximately two (2) adjacent acres, as outlined and delineated on the Development Plan. Lessee may exercise the Expansion Option for the First Expansion Area by delivering written notice to City on or before January 1,2011. If Lessee exercises the Expansion Option, then the Expansion Area will become a part of the Demised Premises. If, at such time after the frrst Expansion Option is exercised, the Lessee demonstrates to the City that they have both the fInancial capacity and educational demand to construct additional schools, then Lessee may contact the City in writing on or before January 1, 2014 and the City and High Tech High will negotiate in good faith to allow High Tech High to develop up to three additional schools on a maximum of six acres within the ultimate development of the University Park and Research Center If and when this event occurs, the City and the Lessee agree to conduct further environmental review, as necessary. 1.02 Uses. It is expressly agreed that the Demised Premises is leased to Lessee solely and exclusively for the purpose of constructing, erecting, installing, maintaining and operating public educational facilities, appurtenances, and providing educational and other related activities and programs to the general public, the elements of which are shown and described in said Exhibit "A." Any addition, alteration, deletion, deviation or removal of said facilities and appurtenances made to accommodate a change in use of the facilities shall fIrst be approved by the Chula Vista City Council. Lessee shall be allowed to make alterations, additions, and improvements as it deems necessary for the operation of public educational facilities and related activities and programs. 2 8-10 CITY OF CffiLA VISTA PROPERTY LEASE AGREEMENT WITH HTH LEAfu'lING FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRIVE AND HUNTE PARKWAY (APN 643-070-10) Lessee covenants and agrees to use the Demised Premises for the above-specified purposes and to diligently pursue said purposes throughout the term hereof. Failure by Lessee to meet the construction schedule contained in Section 6.02 of this Lease, to continuously use the Demised Premises'for said purposes (subject to Section 8.05), or the use thereof for purposes not expressly authorized herein: which failure continues beyond the applicable notice and cure period, shall be grounds for the termination of this Lease by City. Notwithstanding the above, the City Council of the City of Chula Vista has not reviewed or approved the project referred to herein. Nothing contained within this document shall be construed as a representation that the City will ultimately approve the project. Further, the City retains full discretion as to all matters as required bylaw. 1.03 Related Discretionarv Actions. By the granting of this Lease, neither City nor the Chula Vista City Council is obligating itselfto any other governmental agent, board, commission, or agency with regard to any other discretionary action relating to development or operation of the Demised Premises. Discretionary action includes, but is not limited to rezoning, variances, conditional use permits, environmental clearances or any other governmental agency approvals which may be required for the development and operation of the Demised Premises. Failure to obtain all necessary approvals by the City or any other required agency consistent with the time frames set forth in Exhibit A shall result in the termination of this Lease. 1.04 Ouiet Possession. Lessee shall at all times during the term peaceably and quietly have, hold and enjoy the Demised Premises. 1.05 Reservation. City reserves the right to allow the use of other City owned land in the proximity of the Demised Premises by other educational providers as set forth in Section 8.04 of this Lease. However, City shall not unreasonably or materially interfere with Lessee's use of the Demised Premises. 1.06 Parkin!!. The parking areas, roadways and means of ingress and egress to and from the adjoining public roads shall be substantially as shown on Exhibit "A." Lessee, its employees, students, invitees and all those having business with it, shall have the right to use the parking areas, roadways and means of ingress and egress to and from the adjoining public roads. Neither the City nor Lessee shall charge for the parking of vehicles in the parking areas. There shall, at all times, be parking areas designated for Lessee's employees. 1.07 Reimbursement for Oversized Infrastructure. City will use reasonable efforts to cause other parties to enter into a reimbursement agreement for any oversized facilities. SECTION 2: TERc'VI 2.01 Commencement. The term of this Lease shall be fifty (50) years commencing on the date this Lease is approved by the Chula Vista City Council. However, should the City Council not approve the ultimate development of the site, the lease shall become null and void, and no damages or liabilities shall result. o ~ 8-11 CITY OF CHULA VISTA PROPERTY LEASE AGREEMENT WITH HTH LEARNING FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRIVE AND HUNTE PARKWAY (APN 643-070-10) 2.02 Renewal Ootion. At the end of the initial term of this Lease, Lessee has the option to renew this agreement for two (2) additional and successive twenty-ilVe-(25) year period. This option may be exercised by providing written notice to the City at least one hundred and eighty (lllO) days prior to the expiration of the term or renewal period of this Lease. The renewal of this Lease as provided hereunder shall require the approval of the Chula Vista City Council. The Chula Vista City Council retains full and unfettered discretion as to all matters associated with the potential renewal of this agreement. 2.03 Holdover. Lessee shall have no rights of holding over after expiration or termination of this Lease. The occupancy of the Demised Premises by Lessee after the expiration or termination of this Lease constitutes a month-to-month tenancy. In the event of a holdover by Lessee, City shall have the right to terminate the holdover tenancy at will. 2.04 Ouitclaim of Lessee's Interest. On termination of this Lease for any reason, Lessee shall deliver to City a quitclaim deed in recordable form quitclaiming all its rights in and to the Demised Premises. On termination of this Lease for any reason, Lessee or its successor in interest shall deliver the same within five (5) days after receiving written demand therefor. City may record such deed only on the expiration or earlier termination of this Lease. 2.05 Surrender of Demised Premises. At the expiration or earlier termination of this Lease, at the City's sole discretion and option, the Lessee shall either surrender the Demised Premises, including all buildings, replacements, changes, additions, and improvements constructed or placed by Lessee thereon, except all personal property, equipment, machinery, trade fixtures and temporary installations installed by Lessee, to City, or shall deliver the site free and clear of all structures and improvements to the City. Lessee shall have the right to place and install personal property, trade fIXtures, equipment and other temporary installations in and upon the Demised Premises, and fasten the same to the Demised Premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Lessee at the commencement of the Lease term or placed or installed on the Demised Premises by Lessee thereafter, shall remain Lessee's property free and clear of any claim by City ("Lessee's Property"). Lessee shall have the right to remove the same at any time during the term of this Lease provided that Lessee shall repair, at Lessee's expense, all damage to the Demised Premises caused by such removal. Lessee shall deliver to City all plans, records, registers, and other papers and documents reasonably required for the proper maintenance of the Demised Premises. Lessee shall surrender the Demised Premises free and clear of all subtenancies, liens and encumbrances caused by Lessee. 2.06 Termination. This Lease may be terminated by the City in the event the Lessee fails to operate the schools as intended or the failure to provide the intended improvements to the Demised Premises as described in Exhibit A within the time frames indicated in Section 6.02 of this Lease, and such failure continues beyond the applicable notice and cure period. 4 8-12 CITY OF CHULA VISTA PROPERTY LEASE AGREEMENT WITH HTH LEARNING FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRNE AND HUNTE PARKWAY (APN 643-070-10) Lessee, for itself and its successors and assigns, agrees that during the occupancy and use of the Subject Premises, Lessee will, with respect to its development and operation of the Subject Premises, comply with Title VII of the Civil Rights Act of1964, as amended; the Civil Rights Act of 1991; the California Constitution; the California Fair Employment and Housing Act; the Americans with Di~abilities Act of 1990; and any other applicable federal, state, or local laws and regulations now existing or hereinafter enacted, requiring equal employment opportunities or prohibiting discrimination. This shall include without limitation, laws and regulations prohibiting discrimination because of race , color, religion, sex, national origin, ancestry, physical or mental disability, veteran status, medical condition, marital status, age, sexual orientation, pregnancy, or other non-job related criteria. In complying with all such laws, including without limitation the Americans with Disabilities Act of 1990, and regulations promulgated thereunder, Lessee shall be solely responsible for such compliance and required programs, and there shall be no allocation of any such responsibility between City and Lessee. Lessee's compliance with this Section is an express condition hereof, and any failure by Lessee to so comply and perform shall be a default as provided in this Lease, and Lessor may exercise any right as provided herein, and as otherwise provided by law. City shall not be liable, monetarily or in any other way, to Lessee for exercising its rights to terminate this Lease. SECTION 3: RENT 3.01 Rent. City hereby agrees that the construction, operation and maintenance of the improvements to be made on the Demised Premises by Lessee, the establishment of a public charter school at the Demised Premises are valuable consideration received from Lessee, that the provision of such public charter school shall constitute all the rent to be paid by Lessee for its use of the Demised Premises in accordance with the terms, covenants, conditions and provisions of this Lease. Lessee shall not be required to pay any monetary rent to City for its use and occupation of the Demised Premises. For convenience only, consideration as set forth in this Section 3 may be referred to as rent. 3.02 Annual Pro!!ram Report. As additional consideration, Lessee shall be required to make available to the City, upon request, copies of the annual audit required under the California Education Code. 3.03 Insoection of Records. Lessee agrees to make any and all records and accounts pertaining to Lessee's compliance with this Lease available to City for inspection at all reasonable times. These records and accounts will be made available by Lessee at the Demised Premises. Lessee shall maintain all such records and accounts for a minimum period of five (5) years. The provisions of this Section 3.03 shall survive the expiration or termination of this Lease. SECTION 4: ASSIGNMENT 5 8-13 CITY OF CHULA VISTA PROPERTY LEASE AGREEMENT WITH HTH LEARNING FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRNE AND HUNTE PARKWAY (APN 643-1)70-10) 4.01 Time is of Essence: Provisions Bindinl! on Successors. Time is of the essence of all of the terms, covenants and conditions of this Lease and, except as otherwise provided herein, all of the terms, covenants and conditions of this Lease shall apply to, benefit and bind the successors'and assigns of the respective parties, jointly and individually. However, City or Lessee shall incur no liability'to the other with respect to and shall not be responsible for any failure to perform any of such party's obligations hereunder if such failure is caused by any reason beyond the reasonable control of such party including, but not limited to, strike, obtaining of permits or approvals, governmental rule, regulations, ordinances, statutes or interpretation, or by fire, earthquake, civil co=otion, or failure or disruption of utility services ("Force Majeure"), The amount of time to perform any of a party's obligations shall be extended by the amount of time such party is delayed in performing such obligation by reason of any Force Majeure occurrence whether similar to or different from any of the foregoing types of occurrences; provided, however, in no event will an extension of time be permitted for any delays due to financial inability to perform. 4.02 Assil!nment and Sublettinl!. Except to schools that are governed within the family of corporations operated by HTH Learning and to outside entities providing educational and related services that are supplemental to HTH's educational programs, Lessee shall not assign this Lease, or any interest therein without City's prior written consent. Lessee shall be permitted without consent to assign this Lease or to sublet the Demised Premises or any part thereof, or any right or privilege appurtenant thereto, to schools that are governed within the family of corporations operated by HTH Learning and to outside entities that are providing educational and related activities that are supplemental to HTH's programs. The supplemental and related activities and programs may include, but are not limited to, pre-school, childcare, adult-education, food services, tutoring, sports, research, performing arts, and fundraising. A consent to assignment, subletting, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Except as permitted above, any such assignment or subletting without such consent shall be void. Approval of any assignment or sublease shall be conditioned upon the assignee or sublessee agreeing in writing that it will assume or be subject to the rights and obligations thereby assigned or subleased and that it will keep and perform all covenants, conditions and provisions of this agreement which are applicable to the rights acquired. 4.03 Encumbrance. Subject to prior written consent by City, which shall not be unreasonably withheld, Lessee may encumber this Lease, its leasehold estate and its improvements thereon by deed of trust, mortgage, chattel mortgage or other security instrument to assure the payment of indebtedness of Lessee, upon the express condition that the net proceeds of such loan. or loans be devoted exclusively to the purpose of developing and/or improving the Demised Premises. However, a portion of the loan proceeds may be disbursed for payment of incidental costs of construction, including but not limited to the following: off-site improvements for service of the Demised Premises; on-site improvements; escrow charges; premiums for hazard insurance, or other insurance or bonds required by City; title insurance premiums; loan costs such as discounts, interest and commissions; and architectural, engineering and attorney's fees and such other normal expenses incidental to such construction. 6 8-14 CITY OF CHULA VISTA PROPERTY LEASE AGREEMENT WITH HTH LEARNING FOR PROPERTY AT THE SOUTHEAST COR'iER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRIVE AND HUNTE PARKWAY (APN 643-070-10) Any subsequent encumbrances on the Demised Premises shall also be for the exclusive purpose of development of the Demised Premises; provided, however, after the Demised Premises are completed in accordance with the Development Plan, proceeds from refmancing or from such subsequent encumbrances may be used for any purpose. . In the event any such approved deed of trust or mortgage or other security type of instrument should at any time be in default and be foreclosed, or transferred in lieu of foreclosure, the City will accept the approved mortgagee or beneficiary thereof; as its new tenant under this Lease with all the rights, privileges and duties granted and imposed in this Lease. Upon prior written approval by City, which will not be unreasonably withheld, said mortgagee or beneficiary may assign this Lease to its nominee. Any deed of trust, mortgage or other security instrument shall be subject to all of the terms, covenants and conditions of this Lease and shall not be deemed to amend or alter any of the terms, covenants or conditions hereof. 4.04 Defaults and Remedies. a. Default. In the event that Lessee shall default in the performance of any covenant or condition required by this Lease to be performed by Lessee and shall fail to cure said default within thirty (30) days following written notice thereof from City; or if any such default is not reasonably curable within thirty (30) days, shall fail to commence to cure the default(s) within said thirty (30) day period and diligently pursue such cure to completion, then City may, at its option, without further notice or demand upon Lessee or upon any person claiming rights through Lessee, immediately terminate this Lease and all rights ofLessee and of all persons claiming rights through Lessee to the Demised Premises or to possession thereof; and City may enter and take possession of the Demised Premises. In the event that there is a deed of trust, mortgage or other security interest on Lessee's leasehold interest, City shall give the mortgagee or beneficiary written notice of the default(s) complained of, and the same mortgagee or beneficiary shall have thirty (30) days from such notice to cure the default(s) or, if any such default is not curable within thirty (30) days, to commence to cure the default(s) and diligently pursue such cure to completion. The thirty-day period will be extended during such time as mortgagee or beneficiary or other party is pursuing its foreclosure or other remedies against Lessee. b. Lender Rights. Should the default(s) be not curable by Lessee, then any lender holding a interest in the leasehold permitted by Section 4.03, shall have the absolute right to substitute itselfto the estate of Lessee hereunder. If such mortgagee or beneficiary shall give notice in writing of its election to so substitute itself within the thirty-day period after receiving written notice by City of the default, and the default, if curable, is cured by such mortgagee or beneficiary, then this Lease shall not terminate pursuant to the default. In that event, City expressly consents to the substitution and authorizes the mortgagee or beneficiary to perform under this Lease with all the rights, privileges, and obligations of Lessee, subject to cure of the default, to the extent reasonably possible, by mortgagee or beneficiary. Lessee expressly agrees to assign all its interest in and to its leasehold estate to mortgagee or beneficiary in that event. 7 8-15 CITY OF CHULA VISTA PROPERTY LEASE AGREEMENT WITH HTH LEARNING FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRNE AND HUNTE PARKWAY (APN 643-070-10) c. Abandonment. If Lessee has breached the Lease beyond the applicable notice and cure period and abandoned the Demised Premises, this Lease shall terminate upon such abandonment, and City may enforce all its rights and remedies hereunder, including but not limited, to the right to reenter upon the Demised Premises and take possession of all buildings, improvements, equipment and appurtenances thereto, provided that Lessee shall have the right to remove Lessee's Property. d. Waiver. Any waiver of a default is not a waiver of any other default. Any waiver of a default must be in writing and be executed by the City Manager in order to constitute a valid and binding waiver. Delay or failure to exercise a remedy or right is not a waiver of that or any other remedy or right under this Lease. The use of one remedy or right for any default does not waive the use of another remedy or right for the same default or for another or later default. City and Lessee specifically agree that the property constituting the Demised Premises is City-owned and held in trust for the benefit of the citizens of the City ofChula Vista and that any failure by the City Manager or City staff to discover a default or take prompt action to require the cure of any default shall not result in an equitable estoppel, but City shall at all times, subject to applicable statute of limitations, have the legal right to require the cure of any default when and as such defaults are discovered or when and as the City Council directs the City Manager to take action or require the cure of any default after such default is brought to the attention of the City Council by the City Manager or by any concerned citizen. 4.05 Eminent Domain. If all or part of the Demised Premises is taken through condemnation proceedings or under threat of condemnation by any public authority with the power of eminent domain, the interests of City and Lessee (or beneficiary or mortgagee) will be as follows: a. Total Taking. In the event the entire Demised Premises are taken, this Lease shall terminate on the date of the transfer of lit Ie or possession to the condemning authority, whichever first occurs. b. Partial Taking. In the event of a partial taking, if, in the opinion of Lessee the remaining part of the Demised Premises is unsuitable for Lessee's operation, this Lease shall terminate on the date of the transfer of title or possession to the condemning authority, whichever first occurs. In the event of a partial taking, if, in the opinion of Lessee the remainder of the Demised Premises is suitable for Lessee's continued operation, this Lease shall terminate in regard to the portion taken on the date of the transfer of title or possession to the condemning authority, whichever fITst occurs, but shall continue for the portion not taken. c. A ward. All monies awarded in any such taking shall belong to City, whether such taking results in diminution in value of the leasehold or the fee or both; provided, however, Lessee shall be entitled to any award attributable to the taking of or damages to Lessee's Property or Lessee's then remaining leasehold interest in installations and improvements of Lessee. City shall have no liability to Lessee for any award not provided by the condemning authority. d. Transfer. City has the right to transfer City's interests in the Demised Premises in lieu of condemnation to any authority entitled to exercise the power of eminent domain. If a transfer occurs, Lessee shall retain whatever interest it may have in the fair market value of any improvements placed by it on the Demised Premises in accordance with this Lease. 8 8-16 CITY OF CHULA VISTA PROPERTY LEASE AGJREEML'IT WITH HTH LEAJR1<LNG FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRfVE AND HUNTE PARKWAY (APN 643-070-10) e. No Inverse Condemnation. The exercise of any City right under this Lease shall not be interpreted as an exercise of the power of eminent domain and shall not impose any liability upon City for inverse condemnation. SECTION 5: INSURANCE RISKS/SECURITY 5.01 Indemnitv.. Lessee shall defend, indemnifY, protect and hold harmless the City, its elected and appointed officers and employees ("City Parties"), from and against all claims for damages, liability, cost and expense,including without limitation attorneys fees, ("Claims") arising out of or alleged by third parties to"be the result of the negligent acts, errors or omissions or the willful misconduct of the Lessee, and Lessee's employees, subcontractors or other persons, agencies or fnms for whom Lessee is legally responsible in connection with the use of the Demised Premises, including but not limited to expenses incurred in legal actions, death, injury, or damage to the extent caused directly or indirectly by: a. Condition. Any unsafe or defective condition in or on the Demised Premises of any nature whatsoever which may exist by reason of any act, omission, neglect, or any use or occupation of the Demised Premises by Lessee; or b. Operation. Any operation, use, or occupation conducted on the Demised Premises by Lessee; or c. Negligence. Any act, omission, or negligence on the part of Lessee, its employees, agents, sub lessees, invitees, licensees; or d. Compliance. Any failure by Lessee to comply or secure compliance with any of the Lease terms or conditions. However, Lessee shall not be required to relieve, indemnifY, protect, or save any of the City Parties for any Claims arising from the sole willful misconduct of the City Parties, any Claims arising prior to the date of this Lease or any Claims relating to hazardous substance or materials present on, under or near the Demised Premises prior to the Date of this Lease. 5.02 Insurance. Lessee must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the Lessee's operation and use of the leased premises. The insurance must be maintained for the duration of the contract. The cost of such insurance shall be borne by the Lessee. Minimum Scope of Insurance Coverage must be at least as broad as: 9 8-17 CITY OF CHULA VISTA PROPERTY LEASE AGREEMENT WITH HTH LEARNING FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRIVE AND HUNTE PARKWAY (APN 643-070-10) 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CGOOO 1) 2. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance, if applicable. . 3. Property insurance against all risks of loss to any tenant improvements or betterments, if applicable. Minimum Limits ofInsurance Lessee must maintain limits no less than: 1. General Liability: (Including operations, products and completed operations, as applicable.) 2. Workers' Compensation Employer's Liability: where applicable 3. Property Insurance $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. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee Full Replacement Cost with no coinsurance penalty provision, where applicable 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 Lessee 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, and where appropriate, the Worker's Compensation policies are to contain, or be endorsed to contain, the following provisions: 1. The City ofChula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the lessee. The General liability Additional Insured coverage must be provided in the form of an endorsementto the Lessee's insurance using ISO CG201 0 (10/01) or its equivalent. 10 8-18 CITY OF CHULA VISTA PROPERTY LEASE AGREEMENT WITH HTH LEARNlNG FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRIVE AND IillNTEPARKWAY (APN 643-070-10) 2. For any claims related to a project, the Lessee'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 lessee and in no way relieves the lessee 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. Lessee'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 Lessee must furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on insurance industry forms, provided those endorsements or policies conform to the 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. Accident Reports Lessee shall make available to City upon request a report of any accident causing more than TEN THOUSAND DOLLARS ($10,000) worth of property damage or any serious injury to persons on the Demised Premises. This report shall contain, to the extent available, the names and addresses of the parties involved, a statement of the circumstances, the date and hour, the names and addresses of any witnesses and other pertinent information. 11 8-19 CITY OF CHULA VISTA PROPERTY LEASE AGREEMENT WITH HTH LEARNING FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRIVE AND HUNTE P ARKW A Y (APN 643-1)70-10) Failure to Comply If Lessee fails. or refuses to take out and maintain the required insurance, or fails to provide the proof of coverage, City has the right to obtain the insurance. Lessee shall reimbt)Tse City for the premiums paid with interest at the maximum allowable legal rate then in effect in California. 'City shall give notice of the payment of premiums within thirty (30) days of payment stating the amount paid, names of the insurer(s) and rate of interest. Said reimbursement and interest shall be paid by Lessee on the first (1st) day of the month following the notice of payment by City. 5.03 Waste. Damal!e. or Destruction. Lessee agrees to give notice to City of any fire or other damage 1:hat may occur on the Demised Premises within ten (10) days of such fire or damage. Lessee agrees not to commit or suffer to be committed any waste or injury or any public or private nuisance. SECTION 6: IMPROVEMENTS/ALTERATIONS/REPAIRS 6.01 Acceptance of Demised Premises. By signing this Lease, Lessee represents and warrants that it has independently inspected the Demised Premises and made all tests, investigations, and observations necessary to satisfy itself of the condition of the Demised Premises. Lessee agrees it is relying solely on such independent inspection, tests, investigations, and observations in making this Lease. Lessee further acknowledges that the Demised Premises are in the condition called for by this Lease, that City has performed all work with respect to the Demised Premises, and that Lessee does not hold City responsible for any defects in the Demised Premises. 6.02 1m provements/ Alterations. Lessee may make any improvements or alterations to or on the Demised Premises in connection with its permitted use under this Lease. This Lease is executed with the understanding and agreement that Lessee is obligated to construct and make certain improvements to the Demised Premises. Lessee covenants and agrees that the buildings, facilities, improvements and appurtenances thereto must be constructed and paid for wholly at the expense of Lessee. Before commencing the construction of any improvements on the Demised Premises, Lessee agrees that they will obtain fmancing and received all applicable governmental approvals, and upon request, it will furnish evidence, satisfactory to City, that it has arranged for fmancing so that at all times there will be available to Lessee sufficient funds to pay for the cost of construction of the proposed improvements. a. Construction Documents. Lessee, at its own expense, shall cause plans and specifications to be prepared for the improvements to the Demised Premises. Upon request, Lessee shall make available for City inspection, a copy of any written construction agreement with a State of California, licensed general contractor which Lessee proposes to execute (or, if no general contractor will be used, a copy of each proposed written agreement with the various subcontractors). 12 8-20 CITY OF CHULA VISTA PROPERTY LEASE AGREEME:-IT WITH liTH LEARNING FOR PROPERTY AT THE SOUTHEAST COR,""ER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRNE Al'ID HUNTE PARKWAY (APN 643-070-10) b. Construction. After receiving all applicable discretionary approvals and building permits, Lessee shall diligently pursue construction of the improvements. Lessee will use reasonable efforts to commence such construction on or before January 1,2009. Subject to F.brce Majeure, if Lessee shall neglect, fail or refuse to commence its work as aforesaid and thereafter neglects; fails or refuses to diligently proceed with and complete its work, then, subject to the notice and cure period set forth in Section 4.04, City may declare this Lease cancelled and of no further force and effect. If Lessee exercises the Expansion Option(s), Lessee will use reasonable efforts to commence construction of the improvements for the First Expansion Area on or before January 1, 2013. Subject to Force Majeure, if Lessee shall neglect, fail or refuse to commence its work on either Expansion Area as aforesaid and thereafter neglects, fails or refuses to diligently proceed with and complete its work, then, subject to the notice and cure period set forth in Section 4.04, City may declare that the Expansion Area is no longer part of the Demised Premises and this Lease shall be cancelled and of no further force and effect for that Expansion Area although it will remain in effect for the Demised Premises. c. Completion Documents. Within ninety (90) days of receiving the certificate of occupancy for the improvements, Lessee shall keep on record for City's inspection: (1) A statement of completion by the architect who supervised the construction, which shall state that all work, has been completed substantially in accordance with the approved plans and specifications. (2) Copies of the certificate of occupancy, or any equivalent permit or certificate which any governmental authority may require. d. As-Built Plans. Within ninety (90) days of receiving the certificate of occupancy for the improvements, Lessee shall furnish and submit to City a reproducible set of plans showing the as-built condition of all improvements made to, in or upon the Demised Premises and certified by the plan's preparer that the as-built conditions are depicted accurately. 6.03 Entry and Inspection. City reserves and shall always have the right to enter said Demised Premises during reasonable times after reasonable prior notice to Lessee for the purpose of viewing and ascertaining the condition ofthe same, or to protect its interests in the Demised Premises, or to inspect the operations conducted thereon. City shall comply with all reasonable security requirements of Lessee. In the event that such entry or inspection by City discloses that said Demised Premises are not in a safe, healthy, and sanitary condition, and if Lessee does not cure such matter within ten (10) days after written notice to Lessee (or, ifsuch matter cannot be reasonably cured with such period, such longer period as may be reasonably necessary so long as Lessee diligently proceeds to cure the matter), City shall have the right to have any necessary maintenance or repair work done at the expense of Lessee, and Lessee hereby agrees to pay promptly any and all costs incurred by City in having such necessary maintenance or repair work done, in order to keep said Demised Premises in a safe, healthy, and sanitary condition. Failure ofthe Lessee to pay all costs incurred by the City within thirty (30) days ofreceiving notice of such cost shall be deemed a material breach and the City may terminate this Lease Agreement. 13 8-21 CITY OF CHULA VISTA PROPERTY LEASE AGREEMENT WITH HTH LEARNING FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRIVE AND HUNTE P ARKW A Y (APN 643-070-10) 6.04 Maintenance. Lessee agrees to assume full responsibility and cost for the operation and maintenance of the Demised Premises throughout the term of this Lease. Lessee will maintain the Demised Premises in compliance with all applicable health and safety laws, ordinances, ru1es and regulations of gove=ental agencIes. 6.05 Utilities. Lessee agrees to order, obtain, and pay for all utilities and services and installation charges in connection with the development and operation of the Demised Premises. 6.06 Liens. Lessee shall at all times save City free and harmless and indemnify City against all claims for labor and materials in connection with Lessee's operations, improvements, alterations, or repairs on or to the Demised Premises and the costs of defending against such claims, including reasonable attorney's fees. If improvements, alterations, or repairs are made to the Demised Premises by or on behalf of Lessee, and a lien or notice of lien is filed, Lessee shall within fifteen (15) days of such filing either: a. Take all actions necessary to record a valid release of lien; or b. Record a bond sufficient to remove the effect of the lien from the Demised Premises. 6.07 Taxes. Lessee agrees to pay, before delinquency, all real property taxes and assessments, if any, assessed or levied upon Lessee or the Demised Premises, including the land, any buildings, structures, machines, equipment, appliances, or other improvements or property of any nature whatsoever erected, installed, or maintained by Lessee or levied by reason of the business or other Lessee activities related to the Demised Premises, including any licenses or permits. However, the City acknowledge that Lessee asserts it is exempt from such taxes. 6.08 Si!!ns. Lessee agrees not to erect or display any banners, pennants, flags, posters, signs, decorations, marquees, awnings, or similar devices or advertising that are prohibited by laws, ordinances, rules or regulations. If any such unauthorized item is found on the Demised Premises, Lessee agrees to remove the item at its expense within 24 hours notice thereof by City, or City may thereupon remove the item at Lessee's cost. F allure of the Lessee to pay all costs incurred by the City within thirty (30) days of receiving notice of such cost shall be deemed a material breach and the City may terminate this Lease Agreement. 6.09 Ownershio of Imorovements and Personal ProDertv. a. Title in the portion of the Demised Premises consisting of land shall at all times remain in City. Lessee will retain ownership of the buildings, improvements, and fixtures bought or constructed or placed on the Demised Premises until the expiration or termination of this Lease. Lessee's interests in the Demised Premises shall not ripen into a fee ownership. In addition, Lessee shall at all times be the owner of Lessee's Property. 14 8-22 CITY OF CHULA VISTA PROPERTY LEASE AGREEME~T WITH HTH LEARNING FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLSDRlVE AND HUNTE PARKWAY (APN 643-070-10) b. Per Section 2.05 above, to the extent the improvements, structures and installations made by Lessee are not in useable condition, Lessee shall remove all such improvements, structures and installations as directed in writing by City at Lessee's sole cost on or before Lease expiration or termination. If Lessee fails to remove any improvements, structures, and installations as directed, Lessee agrees to pay City the actual and reasonable cost of any removal. c. Lessee's Property shall be removed by Lessee by the date of the expiration or termination of this Lease. Any said items which Lessee fails to remove within thirty (30) days after written notice will be considered abandoned and become City's property free of all claims and liens, or City may, at its option, remove said items at Lessee's expense. d. If any removal of Lessee ' s Property results in damage to the remaining improvements on the Demised Premises, Lessee agrees to repair such damage or pay for repairs conducted by City, at City's option. SECTION 7: GENERAL PROVISIONS 7.01 Notices. a. Any notice required or permitted to be given hereunder shall be in writing and may be served personally or by United States Mail, postage prepaid, addressed as follows: To Lessee: HTH Learning 2861 Womble Road San Diego, CA 92106-6025 Attn: Chief Operating Officer and General Counsel To City: City of Chula Vista City Manager 276 Fourth Avenue Chula Vista, CA 91910 and to any mortgagee, trustee, or beneficiary as applicable, at such appropriate address designated in writing by the respective party. b. Any party entitled or required to receive notice under this Lease may by like notice designate a different address to which notices shall be sent. 15 8-23 CITY OF CHULA VISTA PROPERTY LEASE AGREEMENT WITH HTH LEARNING FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRIVE AND HUNTE PARKWAY (APN 643-070-10) 7.02 Comoliance with Law. Lessee shall at all times in the construction, maintenance, occupancy, and operation of the Demised Premises comply with all applicable laws, statutes, ordinances, and regulations of City, County, State, and Federal Governments relating to Lessee's use, at Lessee's sole cost and expense, whether or not said laws are expressly stated or referred to herein. . 7.03 City Aooroval. The approval or consent of City, wherever required in this Lease, shall mean the written approval or consent of the City Manager unless otherwise specified, without need for further resolution by the City CounciL The City Manager shall be the City's authorized representative in the interpretation and enforcement of all work performed in connection with this Lease. The City Manager may delegate authority in connection with this Lease to the City Manager's designee(s). 7.04 Interpretation of Lease. The interpretation, validity and enforcement of the Lease shall be governed by and construed under the laws of the State of California. The Lease does not limit any other rights or remedies available to City. Nothing contained in this Lease shall be deemed or construed to create the relationship of principal and agent or of partnership or of joint-venture or of any association whatsoever between City and Lessee, it being expressly understood and agreed that neither the computation of rent nor any other provisions contained in this Lease nor any act or acts of the parties hereto shall be deemed to create any relationship between City and Lessee other than the relationship of landlord and tenant. The reference contained to successors and assigns of Lessee is not intended to constitute a consent to assignment by Lessee, but has reference only to those instances in which City may have given written consent to a particular assignment. This Lease shall inure to the benefit of and be binding upon the parties hereto and their respective legal representatives, successors and permitted assigns. 7.05 Nondiscrimination. Lessee covenants by and for itself and any successors in interest (and each Lessee successor) that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, physical or mental disability or medical condition, national origin or ancestty in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Lessee itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees of the Property. The foregoing covenants shall run with the land. A. All deeds, leases or contracts with respect to the Demised Premises shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of sex, marital status, race, color, creed, religion, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the 16 8-24 CITY OF CHULA VISTA PROPERTY LEASE AGREEMENT WITH HTH LEARNING FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRIVE AND HUNTE PARKWAY (APN 643-070-10) selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of sex, marital status, race, color, creed, religion, national origin or ancestry in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." 3. In contracts: "There shall be no discrimination against or segregation of any person or group of persons on aCCbunt of sex, marital status, race, color, religion, creed, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with Reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sub lessees or vendees of the land." 7.06 Partial Invaliditv. Should any term, covenant, condition, or provision herein be found or deemed to be invalid, void, or unenforceable by a court of competent jurisdiction, the Lease shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Lease are severable. 7.07 Le2al Fees. In the event of any litigation regarding this Lease, the prevailing party shall be entitled to an award ofreasonable legal costs, including court and attorney's fees. 7.08 Number and Gender. Words of any gender used in this Lease shall include any other gender, and words in the singular number shall include the plural, when the tense requires. 7.9 Captions. The Lease outline, section headings, and captions for various articles and paragraphs shall not be held to defme, limit, augment, or describe the scope, content, or intent of any or all parts of this Lease. The numbers of the paragraphs and pages of this Lease may not be consecutive. Such lack of consecutive numbers is intentional and shall have no effect on the enforceability of this Lease. 17 8-25 CITY OF CHULA VISTA PROPERTY LEASE AGREEMENT WITH HTH LEARNING FOR PROPERTY AT THE SOUTHEAST CORNER OF THE FUTURE INTERSECTION OF DISCOVERY FALLSDRNE AND HUNTE PARKWAY (APN 643-070-10) 7.10 Entire Understandinl!. This Lease contains the entire understanding of the parties and supercedes any and all prior written and/or oral agreements, statements or other matters by and between City and Lessee regarding the Demised Premises. Lessee, by signing this Lease, agrees that there is no other written or oral understanding between the parties with respect to the Demised Premis~s. Each party has relied on its own examination of the Demised Premises, advice from its own attorneys, and the warranties, representations, and covenants of the Lease itself. Each of the parties in this Lease agrees that no other party, agent, or attorney of any other party has made any promise, representation, or warranty, whatsoever which is not contained in this Lease. The failure or refusal of any party to read the Lease or other documents, inspect the Demised Premises, and obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on these actions. No modification, amendment, or alteration of this Lease will be valid unless it is in writing and signed by all parties. 7.11 Additional Instruments to be Executed. The parties shall execute and deliver any instruments in writing necessary to carry out any agreement, term, condition, or assurance in this Lease whenever occasion shall arise and reasonable request for such instruments shall be made. SECTION 8: SPECIAL PROVISIONS 8.01 Ancillary Uses and Services. No additional services, other than those provided under Section 1.02 of this Lease, shall be provided by Lessee from or at the Demised Premises, except as may be approved in writing by City. 8.02 Continued Occupancy. Lessee covenants and agrees to, and it is the intent of this Lease that the Lessee shall, continuously and uninterruptedly during the term of the Lease, occupy and use the Demised Premises for the purposes herein above specified, except (i) for closures consistent with the operation of a school, (ii) for closures during periods of remodeling, alterations, additions and/or repairs and (iii) while the Demised Premises are untenantable by reason offrre, flood, or other unavoidable casualty, and, in that event, City shall be promptly notified by Lessee. 8.03 Hazardous Substances. No goods, merchandise or material shall be kept, stored or sold in or on the Demised Premises which are in any way explosive or hazardous in violation of applicable laws; and no offensive or dangerous trade, business or occupation shall be carried on therein or thereon. No machinery or apparatus shall be used or operated on or about the Demised Premises which will in any way injure the Demised Premises or improvements thereon, or adjacent or other Demised Premises, or improvements thereon, or to persons. However, nothing contained in this section shall preclude Lessee from bringing, keeping or using on or about the Demised Premises such materials, supplies, equipment and machinery in connection with its permitted use of the Demised Premises. Open flame welding or burning, gasoline, or other fuel storage except in small quantities in connection with the use of the Demised Premises is expressly prohibited without prior written consent of the City. 18 8-26 CITY OF CHULA VISTA PROPERTY LEASE AGREElVlENT WITH HTH LEARNING FOR PROPERTY AT THE SOUTHEAST COR.'iER OF THE FUTURE INTERSECTION OF DISCOVERY FALLS DRIVE AND HUNTE PARKWAY (APN 643-070-10) 8.04 Exclusivitv. Except for the rights granted to Lessee pursuant to this Lease, Lessee shall not have the exclusive right to provide educational services at The University Park and Research Center. Lessee is aware that other educational facilities currently exist, and/or in the future may e:tist, and operate in close proximity to the Demised Premises, which provide or may provide educational services and activities. SECTION 9: SIGNATURES 9.01 Sil!nature Pal!e. The individuals executing this Lease represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Lease on behalf of the respective legal entities of the Lessee and the City. IN WITNESS WHEREOF the parties hereto for themselves, their legal representatives, heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Lease to be executed by setting hereunto their signatures on the day and year respectively written herein below. CITY: The City of Chula Vista Date BY: ATTEST: City Manager APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY BY: BY: City Clerk City Attorney LESSEE: HTH Learning BY: " / '" Lvtoc!v. _ BY: Cl2eJ Title: Date: ;/3/07 NOTARY ACK1'lOWLEDGEMENT OF LESSEE'S SIGNATURE(S) MUST BE ATTACHED 19 8-27 Exhibit A, ETE Learning & C~ty of Chula Vista Lease Agreement Exhibit A: High Tech High University Park Development Plan Overview The proposed High Tech High University Park Campus includes development of two HTH schools and a research center on approximately 10 acres. In Phase One (consisting of the original Demised Premises), an environmentally-focused high school and research center will be developed on approximately eight (8) acres. Phase Two (consisting of the First Expansion Area) will add a second HTH school on an additional adjacent two (2) acres. There is the potential to develop up to three additional HTH schools, or two schools and a school-related facility such as a performing arts center, gymnasium, .or a thematically-related learning laboratory, on an additional six acres located within the ultimate development of the University Park and Research Center. Each school building will consist of classrooms, specialty labs, administration offices, a commons/dining area, and supportlbuilding core facilities. Outside areas may include learning patios, plazas, walkways, dining terraces, play yards including half basketball courts, green space, areas for drop off and pick-up, and parking spaces for cars and bicycles. Lessee initially plans to operate each of the planned schools during the peak period ofapproximately 8:30 AM to 4:00 PM, though the facilities will be used by faculty, staff, students, and others before and after school hours and often on weekends and holidays as well. The start and end times for the different schools may be staggered to minimi7e traffic congestion around drop-off andpick~up times. Ancillary activities and programs such as, but not limited to, fundraising, athletic, preschool, childcare, adult education, research, performing arts, and community events may take place on the campus before, during, or after regular school hours and on weekends and holidays as well. The completed project will include significant grading, landscaping, lighting, signage, pedestrian pathways, fencing, and retaining walls. Parking and Allowable Dailv Trios (AnTs): Lessee plans to meet the minimum requirements set forth in the Chula Vista Municipal Code for on-site parking. AnTs assigned to the 10 acre property must be sufficient to meet the requirements for the sizes and types of schools that Lessee develops on the campus. \ ( -,/ ~ "'--o-c....no.~P......e..s ~~ )'( ~t-!xM...m...."'-r:l, 2..5~ ' " " i' Ii1JNTe 'AIXW,i,.,. n I I I I i , Print Date: 1/3/2007 20 8-28 ;:;} \ f? CITY OF '';::.!..- (HULA VISTA Insert Date Here Item_ ITEM TITLE: CONSIDERATION OF AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING WITHIN Flnv (50) FEET OF THE ENTRANCE TO ANY EATING ESTABLISHMENT, AND TO MAKE OTHER REVISIONS AS NECESSARY TO MAKE THE CHAPTER PROVISIONS CONSISTENT CITY ATTORNEY~ CITY A TTORNEY~ SUBMITTED BY: REVIEWED BY: 4/5THS VOTE: YES NO X BACKGROUND See Discussion. ENVIRONMENTAL REVIEW N/A RECOMMENDATION That Council amend the Chula Vista Municipal Code to prohibit smoking within fifty (5) feet of the entrance to any eating establishment, and to make other revisions as necessary to make the chapter provisions consistent. BOARDS/COMMISSION RECOMMENDATION N/A DISCUSSION The Chula Vista Municipal Code, Chapter 8.22 regulates smoking in public places and places of employment. The regulations include, but are not limited to, retail stores, retail service establishments, theatres, educational facilities, and restaurants. In June 2006, Council adopted Ordinance Number 3034, which extended the prohibition on smoking in the indoor areas of restaurants to include the outdoor seating areas of restaurants. In October 2006, Council adopted Ordinance Number 3046, which added a provision prohibiting smoking in City parks. 9-1 . Date, !tem_ Page 2 0[2 During discussions at these meetings, Councilmember Castenada requested that the City Attorney bring forward an additional amendment to the Chapter that would prohibit smoking within fifty (50) feet of any entrance to an eating establishment. Additionally, as a result of the amendments, a number of clerical changes need to be made. Section 8.22.030 has been renumbered to accommodate the additional prohibitions. The changes have also made some of the existing language obsolete or redundant so it has been removed. Finally, because state law has addressed some issues not addressed by the City's ordinance, changes have been made to conform with state law. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500-foot rule found in California Code of Regulations section 1 8704.2(a)(l) is not applicable to this decision. FISCAL IMPACT None. ATTACHMENTS None. Prepared by: Sharon Marshall, Senior Assistant City Attorney, Attorney 9-2 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING WITHIN FIFTY (50) FEET OF THE ENT~CE TO ANY EATING ESTABLISHMENT, AND TO MAKE OTHER REVISIONS AS NECESSARY TO MAKE THE CHAPTER PROVISIONS CONSISTENT WHEREAS, The Chula Vista Municipal Code, Chapter 8.22 regulates smoking in public places and places of employment; and WHEREAS, the regulations include, but are not limited to, retail stores, retail service establishments, theatres, educational facilities, and restaurants; and WHEREAS, in June 2006, Council adopted Ordinance Number 3034, which extended the prohibition on smoking in the indoor areas of restaurants to include the outdoor seating areas of restaurants WHEREAS, in October 2006, Council adopted Ordinance Number 3046, which added a provision prohibiting smoking in City parks; and WHEREAS, during discussions at these meetings, Councilmember Castenada requested that the City Attorney bring forward an additional amendment to the Chapter that would prohibit smoking within fifty (50) feet of any entrance to an eating establishment; and WHEREAS, as a result of the amendments, a number of clerical changes need to be made; and WHEREAS, Section 8.22.030 has been renumbered to accommodate the additional prohibitions; and WHEREAS, the changes have also made some of the existing language obsolete or redundant so it has been removed; and WHEREAS, because state law has addressed some issues not addressed by the City's ordinance, changes have been made to conform with state law. 9-3 T Ordinance No. Page 2 NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: That Chapter 8.22 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 8.22 REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT 8.22.010 Purpose. NO CHANGES. 8.22.020 Defmitions. NO CHANGES. 8.22.030 Prohibitions. --1h.No person shall smoke in a public place or place of employment, except in designated smoking areas. (Ord. 2086 S 1, 1984). 8.22.03$ Prehibiti08 08 sffioki8g i8 diBiDg areas. .JLNo person shall smoke in the dining area of any restaurant or establishment where people eat, including outdoor patios, outdoor bars that serve food, or any covered eating area. (Ord. 3035,2006). C. No person shall smoke within fifty (50) feet of anv entrance to anv restaurant or establishment where people eat. D. No person shall smoke in anv portion of Friendship Park. E. No person shall smoke in any portion ofIndependence Park and Rancho del Rev Park. F. No person shall smoke in any portion of Memorial Park and Discoverv Park. G. No person shall smoke in any portion of all City parks except Friendship Park. Independence Park. Rancho del Rev Park. Memorial Park. and Discoverv Park. 8.22.040 Designation of smoking areas. _A. Smoking areas may be designated in public places and places of employment by proprietors or other persons in charge, except in retail stores, retail service establishments, food markets, public conveyances, theaters, auditoriums, public assembly rooms, meeting rooms, rest rooms, elevators, pharmacies, libraries, museums or galleries which are open to the public or any other 9-4 Ordinance No. Page 3 place where smoking is prohibited by the fIre marshal or by other law, ordinance or regulation. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas. It shall be the responsibility of employers to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifIcations in providing these areas. An employer who in good faith develops and promulgates a policy regarding smoking and nonsmoking in the work place shall be deemed to be in compliance with this section; provided, that a policy which designates an entire work place as a smoking area shall not be deemed a good faith policy. Restaufimts covered by tae ]lreyisioHs of this chapter shall desigHate aH adequate amoUHt of seating eapacity to suffIeiently meet E1emands ana shall imom all ]latrsH5 that a no smoldRg section is provided. No public place other than the ones enumerated in CVMC 8.22.070 shall be designated as a smoking area in its entirety. _B. Notwithstanding any other provision of this chapter, any facility or area may be designated in its entirety as a no-smoking area by the owner or manager thereof. (Ord. 2086 ~ 1, 1984). 8.22.050 Posting of signs. NO CHANGES. 8.22.060 Governmental agency cooperation. The eCity mManager shall annually request 5<l6fithat governmental and educational agencies in'lob'ea withwho conduct their specifIc business within the e~ity of Chula Vista te-establish local operating procedures to cooperate and comply with this chapter. In federal, state, county and special school districts within the e~ity of Chula Vista, the eCity mManager shall urge enforcement of their existing no-smoking prohibitions and request cooperation with this chapter. (Ord. 2086 ~ 1, 1984; Ord. 1642 ~ 1, 1975). 8.22.070 Exceptions. _A. No-smoking areas are not required in individual private offIces, hotel and motel meeting and assembly rooms rented to guests, areas and rooms while in use for private social functions, private hospital rooms, psychiatric facilities, jails, l7afs,stores that deal exclusively in tobacco products and accessories, and restaurants or eating establishments with a seatiag capacity of less than 20 \lersoassmoking lounges as that term is defIned in Government Code section 7596. B. Restaurants or eatiag establishments ',vith a seating capacity of less Ihm, 20 persoas shallhu'ie the sption of E1esignatiag a ao smoldng section or allowiag or prohibiting smoking thrOUghOlft the establishmeat. G.l!. Any owner or manager of a business or other establishment subject to this chapter may apply to the city council for an exemption or modifIcation of the provisions of this chapter due to unique or unusual circumstances or conditions. (Ord. 2086 ~ 1, 1984; Ord. 1642 ~ 1, 1975). 9-5 Ordinance No. Page 4 8.22.080 Enforcement and appeal. _A. The e~ity mManager shall be responsible for compliance with this chapter when facilities which are owned, operated or leased by the eCity of Chula Vista are involved. The eCity mManager shall provide business license applicants with copies <;Jf this chapter. _B. The owner, operator or manager of any facility, business or agency shall post or cause to be posted all "No Smoking" signs required by this chapter. Owners, operators, managers or employees of samecovered entities shall be required to orally inform persons violating this chapter of the provisions thereof the chapter. The duty to inform such violator shall arise when such owner, operator, manager or employee sf same becomes aware of SHefithe violation. _C. It shall be the responsibility of employers to disseminate information covering the provisions of this chapter to employees. (Ord. 2086 S 1, 1984; Ord. 1642 S 1, 1975). 8.22.090 Violations and penalties. Any person who violates any provision of this chapter by smoking in a posted "ENo s.s.moking" area, or by failing to post or cause to be posted a "No Smoking" sign required by this chapter, or by a knowing failure to inform any person who violates the provisions of this chapter, when such duty to inform arises, as set forth in CVMC 8.22.080(B), is guilty of an infraction. (Ord. 2086 S I, 1984; Ord. 1642 S 1, 1975). 8.22.100 Education for no-smoking program. The e~ity mManager shall engage in a continuing program to inform and clarify the purposes of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance. The eCity shall leave the responsibility of conducting a public education campaign, regarding the health-degrading aspects of smoking, to other governmental and health agencies equipped with the needed expertise to conduct such campaign. (Ord. 1642 S 1, 1975). 8.22.110 Severability. If any provision, clause, sentence or paragraph of this chapter, or the application thereof this chapter to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are hereby declared to be severable. (Ord. 2086 S 1, 1984; Ord. 1642 S 1, 1975). 9-6 Ordinance No. Page 5 SECTION II: This ordinance shall take effect and be in full force and effect upon its second reading and adoption. Presented by Approved as ~o form by ~~~~~~\- Ann Moore City Attorney ~k~~\'l~~ Ann Moore City Attorney J:\Attomey\SharonM\Ordinances\Smoking outside eatery entrances (RL-SOL 0 I.09-Q7.doc 9-7 . ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE TO PROHIBIT SMOKING WITHIN FIFTY (SO) FEET OF THE ENTRANCE TO ANY EATING ESTABLISHMENT, AND TO MAKE OTHER REVISIONS AS NECESSARY TO MAKE THE CHAPTER PROVISIONS CONSISTENT WHEREAS, The Chula Vista Municipal Code, Chapter 8.22 regulates smoking in public places and places of employment; and WHEREAS, the regulations include, but are not limited to, retail stores, retail service establishments, theatres, educational facilities, and restaurants; and WHEREAS, in June 2006, Council adopted Ordinance Number 3034, which extended the prohibition on smoking in the indoor areas of restaurants to include the outdoor seating areas of restaurants WHEREAS, in October 2006, Council adopted Ordinance Number 3046, which added a provision prohibiting smoking in City parks; and WHEREAS, during discussions at these meetings, Councilmember Castenada requested that the City Attorney bring forward an additional amendment to the Chapter that would prohibit smoking within fifty (SO) feet of any entrance to an eating establishment; and WHEREAS, as a result of the amendments, a number of clerical changes need to be made; and WHEREAS, Section 8.22.030 has been renumbered to accommodate the additional prohibitions; and WHEREAS, the changes have also made some of the existing language obsolete or redundant so it has been removed; and WHEREAS, because state law has addressed some issues not addressed by the City's ordinance, changes have been made to conform with state law. 9-8 Ordinance No. Page 2 NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: That Chapter 8.22 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 8.22 REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT 8.22.010 Purpose. NO CHANGES. 8.22.020 Definitions. NO CHANGES. 8.22.030 Prohibitions. A. No person shall smoke in a public place or place of employment, except in designated smoking areas. (Ord. 2086 S 1, 1984). B. No person shall smoke in the dining area of any restaurant or establishment where people eat, including outdoor patios, outdoor bars that serve food, or any covered eating area. (Ord. 3035, 2006). C. No person shall smoke within fifty (50) feet of any entrance to any restaurant or establishment where people eat. D. No person shall smoke in any portion of Friendship Park. E. No person shall smoke in any portion ofIndependence Park and Rancho del Rey Park. F. No person shall smoke in any portion of Memorial Park and Discovery Park. G. No person shall smoke in any portion of all City parks except Friendship Park, Independence Park, Rancho del Rey Park, Memorial Park, and Discovery Park. 8.22.040 Designation of smoking areas. A. Smoking areas may be designated in public places and places of employment by proprietors or other persons in charge, except in retail stores, retail service establishments, food markets, public conveyances, theaters, auditoriums, public assembly rooms, meeting rooms, rest rooms, elevators, pharmacies, libraries, museums or galleries which are open to the public or any other place where smoking is prohibited by the fire marshal or by other law, ordinance or regulation. 9-9 Ordinance No. Page 3 Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas. It shall be the responsibility of employers to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required tQ incur any expense to make structural or other physical modifications in providing these areas'. An employer who in good faith develops and promulgates a policy regarding smoking and nonsmoking in the work place shall be deemed to be in compliance with this section; provided, that a policy which designates an entire work place as a smoking area shall not be deemed a good faith policy. No public place other than the ones enumerated in CVMC 8.22.070 shall be designated as a smoking area in its entirety. B. Notwithstanding any other provision of this chapter, any facility or area may be designated in its entirety as a no-smoking area by the owner or manager thereof. (Ord. 2086 9 I, 1984). 8.22.050 Posting of signs. NO CHANGES. 8.22.060 Governmental agency cooperation. The City Manager shall annually request that governmental and educational agencies who conduct their specific business within the City ofChula Vista establish local operating procedures to cooperate and comply with this chapter. In federal, state, county and special school districts within the City ofChula Vista, the City Manager shall urge enforcement of their existing no-smoking prohibitions and request cooperation with this chapter. (Ord. 2086 9 I, 1984; Ord. 16429 I, 1975). 8.22.070 Exceptions. A. No-smoking areas are not required in individual private offices, hotel and motel meeting and assembly rooms rented to guests, areas and rooms while in use for private social functions, psychiatric facilities, jails, stores that deal exclusively in tobacco products and accessories, and smoking lounges as that term is defined in Government Code section 7596. B. Any owner or manager of a business or other establishment subject to this chapter may apply to the city council for an exemption or modification of the provisions of this chapter due to unique or unusual circumstances or conditions. (Ord. 2086 9 I, 1984; Ord. 1642 S I, 1975). 8.22.080 Enforcement and appeal. A. The City Manager shall be responsible for compliance with this chapter when facilities which are owned, operated or leased by the City of Chula Vista are involved. The City Manager shall provide business license applicants with copies of this chapter. B. The owner, operator or manager of any facility, business or agency shall post or cause to be posted all "No Smoking" signs required by this chapter. Owners, operators, managers or employees of covered entities shall be required to orally inform persons violating this chapter of 9-10 T' Ordinance No. Page 4 the provisions of the chapter. The duty to inform such violator shall arise when such owner, operator, manager or employee becomes aware of the violation. C. It shall be the responsibility of employers to disseminate information covering the provisions ofthis chapter to employees. (Ord. 2086 S 1,1984; Ord. 1642 S r, 1975). 8.22.090 Violations and penalties. Any person who violates any provision of this chapter by smoking in a posted "No Smoking" area, or by failing to post or cause to be posted a "No Smoking" sign required by this chapter, or by a knowing failure to inform any person who violates the provisions of this chapter, when such duty to inform arises, as set forth in CVMC 8.22.080(B), is guilty of an infraction. (Ord. 2086 S 1, 1984; Ord.1642 S 1, 1975). 8.22.100 Education for no-smoking program. The City Manager shall engage in a continuing program to inform and clarify the purposes of this chapter to citizens affected by it, and to guide owners, operators and managers in their compliance. The City shall leave the responsibility of conducting a public education campaign, regarding the health-degrading aspects of smoking, to other governmental and health agencies equipped with the needed expertise to conduct such campaign. (Ord. 1642 S 1,1975). 8.22.110 Severability. If any provision, clause, sentence or paragraph of this chapter, or the application of this chapter to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are hereby declared to be severable. (Ord. 2086 S 1, 1984; Ord. 1642 S 1,1975). SECTION II: This ordinance shall take effect and be in full force and effect upon its second reading and adoption. Presented by Approved as to form by ~~"< CN\.\\.\'\~~\ \, Ann Moore City Attorney ~'l~~~~~ Ann Moore City Attorney J:\Attomey\SharonM\Ordinances\Smoking outside eatery entrances (CLEAN)_ OI.09.07.doc 9-11 ~ 1ft.. ~ ~~~~ (llY OF (HUlA VISTA Mayor and City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619) 476-5379 FAX MEMO Date: Thursday, January 4, 2007 TO: FROM: Lorraine Bennett, Deputy City Clerk Lily Cesena, Office Specialist .-li) SUBJECT: Growth Management Oversight Commission Mayor Cox would like to recommend Mr. Kevin O'Neill, (Development Representative) for appointment to the Growth Management Oversight Commission. Please place on the January 9, 2007 council agenda for ratification. Thank you. CC: Mayor Cox /-4- 07 /)1;-; e/Vo4/ ~;etI/eus~ .served' IffY1 _-!he. ~/<'t'Ntf/17 ~/YfI":n;CJry ~ ("'17 tf1 cI~ 3'0, .,;l6c'S". 1'-1 IT; 7 OIL llDf=l- //fJ-/ SCOPE OF WORK: INDEPENDENT FINANCIAL REVIEW This Scope of Work for an Independent Financial Review (Review) is intended to provide a baseline assessment of the current and medium term financial health of the City of Chula Vista and its Redevelopment Agency, particularly in assessing current implications of the past use of financial resources (e.g., MOUs, use of redevelopment funds), the current financial direction, and recommended course changes in light of debt, obligations, and expenditure levels relative to revenue sources that include but are not limited to fees, property and sales tax, tax increment, and developer impact fees. The City's accounting procedures have been audited and are not a subject of this Review. If, however, during the course of the Review, financial issues of accounting procedures relative to the City's financial health are discovered, ltlese shall be identified. The Review should use existing financial materials and reports provided by the City (including, but not limited to, three years of Comprehensive Annual Financial Reports (CAFRs), audits, budgets and mid-period reviews, bond statements, state mandated annual redevelopment reports and any financial forecasts and assessments performed by staff or consultants) to prepare an assessment of the City's current financial condition and a five-year forecast. Desired results: . A summary of the current approach used by the City in managing its finances; . A review of the current state of City's financial condition relative to trends in revenues and expenditures, use o/debt, development and demographic changes, sufficiency of reserves, and identify opportunities and threats; . A determination of and focus on the most pressing factors on the City's financial condition, to include best case, worst case, and most likely scenarios for the operating budget over a five or ten-year period . A discussion of the financial implications of current and additional support for continued residential and commercial development in newer areas and in supporting projects such as the bayfront and urban core; . A review of capital, infrastructure, and maintenance commitments and spending; . A review of the past and current use and capability of tax increment financing as a means of promoting redevelopment; . An assessment of the financial implications of unfunded retirement liability; and . Recommendations for strengthening Chula Vista's financial condition with respect to long term sustainability. The finished product should provide the City Council, City staff and the incoming City Manager with a baseline assessment of how the City of Chula Vista is positioned financially for the present and near future. A fiscal forecast of five to ten years, forecasting revenues and expenditures and balancing them against the last year (e.g., year 2012) of the forecast should reflect the anticipated facilities and major expenditures during the five- and ten-year periods. Products: . Final report with an executive summary, key findings, conclusions, and 2 ) I B-1 recommendations in MS Word and/or Excel format . Oral presentation of findings and recommendations with accompanying graphics suitable for presentation (e.g., PowerPoint) to the City Council and to the community in a public meeting. City staff are committed to being immediately available to the reviewer/s and responsive to reviewer/s' requests for information. Documents including the CAFRs, Redevelopment Agency financial statements, quarterly reports, rating agency reports, draft,form for infrastructure needs, and bond documents are currentiy being assembled in a single location for the Review. The consultant's point of contact is City Treasurer Maria Kachadoorian, m kachadoorian@ci.chula-vista.ca.us. Response to this scope of work shall be received by the City on or before January 16, 2007 at 5:00 PM. Duration of project: 45 - 60 days Estimated cost, including expenses: $30,000 The City reserves the right further to negotiate the proposed work scope and/or method and amount of compensation. 3 II 13,,;3- Susan Bigelow From: Sent: Subject: rudyforch ulavista [rudyforch ulev ista@cox.net] Tuesday, January 09, 2007 9:34 AM Coastal Commission Appointment Memorandum Date: January 8, 2006 To: Mayor Cox, Councilmembers McCann, and Rindone Fr: Councilmember Rudy Ramirez Re: Coastal Commission Appointment As you are probably aware, our colleague Steve Castaneda has been nominated by the League of California Cities for an appointment to the California Coastal Commission. Fonner Mayor Steve Padillals resignation has created an opening for the JSan Diego CoastaP position 011 the Commission, an appointment that will be made by the Speaker of the Califomia State Assembly, Fabian Nunez. Like you, I have been concerned about our city1s loss of influence on this important body at a time when so many critical decisions are upcoming concerning the development of the Chula Vista Bayfront and the power plant -- issues of great importance to our city1s future. Steve Castaneda's appointment would protect and maintain our city's voice on this important commission at this critical time. For this reason, I suggest we formalize our support for Steve's appointment with a vote, execute a letter of support from the entire city council to the Speaker and direct our city.ls lobbyist in Sacramento to provide advice and assistance in support of the appointment. Thank you for your consideration. Rudy for Chula Vista www.rudyforchulavista.com 1 \ Design Review Committee 276 Fourth Avenue Chula Vista, CA 91910 httD:/ /www.chula...istaC8.llo\./Citv Serv ices/DeveloDment Services/Piano iDe: Du ild in2lcontact.asD RE: Home Depot, proposed for Third and Moss Dear Chairman Jose Alberdi and Committee Members: Jeremy Hogan, Jeff Justus, David Bringas, and Yolanda Calvo: iV D S f' de'? f' /1/ )/;, .;- 111 rll:'- C4/vl I cJ /l of" 5 CfrCv /4~ e J1/ 5M'1/~ I&sldr"7</~.?S / /Yl (/C //c;V/J ~ / CCJ . 1---- 1'';/ Sincerely, /) ;i! L~;:C'c't} .Jf~~'/3 - Name: F f A 11/ 0: I~~ CD flOrr ~ J~, Address 3(P1Ifo05et-/llf ,')'/,0411///514 q q/r:;lu Design Review Committee 276 Fourth Avenue Chula Vista, CA 91910 httD:/ /www.chula,'istaca.llo"/Cih ServiceslDevelooment Sen ices/Planninl! Du ildin2lcontact.aSD RE: Home Depot, proposed for Third and Moss D~ar Chairman Jose Alberdi and Committee Members: Jeremy Hogan, Jeff Justus David Bnngas, and Yolanda Calvo: ' ~' (VVV\.- ;t~y "-vl.~/~ e<-t tX00 ~ r d~ jlJPv/ \~~ ~. A}o -~~ "~/f; ;J~I ~~ ~ ~, ck ch~ i ~~ ~4 ~~, I~J ~ ~ LJ -iiY k f?J~i ~ w-tvV\.e- tl~ c9'cJ !L-rh.cJ ~ .~ --4..-)1' tcJ ~ i^'-C) v~, A--O JL.t~.;t~. ') c4~ ~~~ ~ ~ ~~ L,~ /~~ Hrt Vliw~ 0 ~,~ u-...J2.. . Sincerely, Name: 'X~~'l G~~ Address Y Y ') r~...A"^ yt ct~"vtL V N~ V- I CJ I' II Design Review Committee 276 Fourth Avenue Chula Vista, CA 91910 httn:llwww.chul.vistaca.l!ov/CihServices/DevelopmentServices/Plan.B.ld. nlUl! UI m2leontact.aSD RE: Home Depot, proposed for Third and Moss BD~ar Chairmdan Jose Alberdi and Committee Members: Jeremy Hogan Jeff Justus David nngas, an Yolanda Calvo: . , {=\-;:, 0- x-~ \de(\~ o{' +ne c'\'ceCA. \ u~gc- ~Q<;\- -\-'0e... ?\o~asec~ \-\OY'Y\.C OC~-\ 'Oe ,e tCCQ -tc d C lo'S~( +0 +h\ ,d CA.'JL 0....5 .\ \nc Y10\SQ.. of C'e\\"'er~ \rucl?s L.UOu~d. 'O~ C\ Y\U\":SC\.0Ce.. PleCl.3C 9\o...ce \-he.- \oc),dlng C\\i-eo"">4='QClI"9mi",d QVe 'ThIs \'S <C.SSen\\o \ E'OY }h\2 hE'o.. U h C::H\c!. '3cJ..Ce\ "f oP+ ~e neol'b'f \e-s\d.encc Sincerely. Name: Ll~~'Z;/ t;;j--, :./ - Address (CCil 4.-th C\\,c.p q (; L CI-->uk, \/r,).k" <.'A qlC(1 \ Design Review Committee 276 Fourth Avenue Chula Vista, CA 91910 htto://www.chulavistaca.l!ov/Citv Services/Develooment Serv ices/Plan ninS! Du ild in2lcontact.asD RE: Home Depot, proposed for Third and Moss Dear Chairman Jose Alberdi and Committee Members: Jeremy Hogan, Jeff Justus, David Bringas, and Yolanda Calvo: J /LQ c"- ~ \~ Lo<<:=-\-~~ ~ P \0 ~= Se ~ -f-+c,~ +V .~ 1'~=Xi",A,o 1- V ~!~ +v-e- Q "--'(~ r ~ ( 0 (17\ ( ~ -t:!"-L l-S'> it oJ · "S cl~) c ~ ST -(CJ YV',-- /\ ~ -i1R-- li~CL 12 0~C\ 1" ~ --]~/\ ~ k= +--- (~ G::'S"'S v~ ~<:-SJ > ~ r-- v( Sincerely, _,' i ,,' (,U/,(i"'/~"r;f/ ),,1 Name: f\d. )(",(,~ ~Cdil}f(' Address I ((0 1- Y .+ h i:}JC -+I /2(; '-i (' 1\,,\<, II '\<) \," l j:\ -bx P 0 -t-' A1/'-. Design Review Committee 276 Fourth Avenue Chula Vista. CA 91910 httD:llwww.chula\'istaca.tlo~/Citv Servic siD I e eve aDmen' ServiceslPlanninl! Buildin2lcontact.asD RE: Home Depot, proposed for Third and Moss D~ar Chairman Jose Alberdi and Committee Me . Bnngas, and Yolanda Calvo: mbers. Jeremy Hogan, Jeff Justus, David ;-1,-:)1.,c; f- 77~ L'&(0->?~~ c//./ K;!oi I.? (<)c/'~c*,'ld ~,{' Ij~ t<,~ CJf' It<--,/L-e.~ /J-c~,-JjI2d- hy ,,;i'"i/uc /1'T2. /]<." !~I~:, ( i--- feJ Oc./i,O.j !'"'-tJ.tfl' )(j<C( fie c/ ( r)?iI('~(( /0 .AC(;t ."""JU(C' ;1/Pc/ CO( (-Rc/;5.:rvCJ) !(~-<-'/ t) 1/ ~6'~d {J u--'"'j, f(7,./~ M I' <.~ !'GOC u/{ el(:./ ~ u-<.J i 0'--1')'1.." I j, ~ f icJ c':/ /~.>L (/7' I}~ /n::(~(/'OJ ,::.71] Of'--U J./.i\/r-u (ovrZ- Sincerely, J ];-//;<? gJ.~ Name: ~ Address /tl{;L-/f',,- k(-' {J;J.J (/d( C ' J U- ? /(; I / Design Review Committee 276 Fourth Avenue Chula Vista, CA 91910 httD:llwYtw .chu I.vistaca.tlo\' ICitv Services/Develooment Sen ices/Plan ninl!: Buildin2lcontact.asD RE: Home Depot, proposed for Third and Moss Dear Chairman Jose Alberdi and Committee Members: Jeremy Hogan, Jeff Justus, David Bringas, and Yolanda Calvo: . \~"\ ~~ ~e:L .l\t/'---~ l'~~ t) '\.e /" .~s:L- c\.~~ \ '---'" --. -'L) -~ ,-=:::> -'-\-'2-> 0 _\ V C~(~c. - , fD)S \~ r c C~ c /~\ ~ '-tf~ C\ ~J ~) C 'Ti \") '() rlV\f\~Q LG/kJ ;",) Sincerely, q ,''v) V.-4-" ~ IJ . f1U<Yl} Name: Address \ u ~ -1 C {"\J t (~ l1 +~~ Iff i V; ~S'~" C~ 9 \ \ I ~ ) .~ ~j J Design Review Committee 276 Fourth Avenue Chula Vista, CA 91910 httD://Www.cholavislaca.!!ov/Cil\' Serv ices/DeveloDmenl Services/Plannin!! 80 ildinlllconlacl.asD RE: Home Depot, proposed for Third and Moss Dear Chairman Jose Alberdi and Committee Members: Jeremy Hogan, Jeff Justus, David Bringas, and Yolanda Calvo: It iVIW Cfrr~f~~ ~7~ ck 0- L~ '3~t<i ? cuaJuiv Los C~~ VW IIAL/CU~ ?ro p~ ~ r l vccJ-- Sincerely, Name: ~ Address Lob '1 l(1 k Jl v~ tA- IlSC-. ~Glcr(~ t / Design Review Committee 276 Fourth Avenue Chula Vista, CA 91910 httD://www.rhulsvis.StR.llo\./Cih. Serv ices/Deve.ODmen t Sen ices/Pia ooine: Du ild inl!lcontad.asD RE; Home Depot, proposed for Third and Moss Dear Chairman Jose Alberdi and Committee Members: Jeremy Hogan, Jeff Justus, David Bringas. and Yolanda Calvo: ~\ b:"k DCf,,1 v11.,;:}\ C. -\-.+> I/i' \,~ ..,-k.( i V <, ~.t"" , /1 iA "'1 (" "\ Ii 2 ',' ,L v,~ ,., , ~\, U "-; .J C <; Sincerely. (7 j'\'\ .'i ,) s cj"1 Name: Ie L / (l'y f( ) ) l -:; Address Design Review Committee 276 Fourth Avenue Chula Vista, CA 91910 hUD:1 /www.chulavistaca.l!o.t./Citv Serv ices/DeveloDment Serv ices/Piano inl! Du ildin2lcontact.asD RE: Home Depot, proposed for Third and Moss Dear Chairman Jose Alberdi and Committee Members: Jeremy Hogan, Jeff Justus, David Bringas, and Yolanda Calvo: M as'/mIs J;e)~ +~+ ~YQ. ~\Jld hi- be (A I:-JOI17G ~ I V) 31'"d a\JQ. Sincerely, b II Ik;ks Name: $;/7 Ht'i~ Address jDh 1 I'M 41ft; 4pr 1Ot5e- Design Review Committee 276 Fourth Avenue Chula Vista, CA 91910 htto://www.chula.istaca.2ov/Citv Services/De. 10 t S' . e omen en-Ices/Planum!! Buitdinl!/contact.aSD RE: Home Depot, proposed for Third and Moss Dear Chairman Jose Alberdi and Committee M be Bringas. and Yolanda Calvo: em rs: Jeremy Hogan. Jeff Justus, David P/eczffJ 7rolecf;H'( re~:i~(L '* -- e:ro~1!/ cTIt ~./~. }t ~fe /h/I1-e 71c'r/ a cuy{2/cr/~ a.rl1k{?,t(S / I ' Sincerely. l;i0Y I 11 (j C;I L ( 1....t 1 '). II i.. /1/ I I L J I (~t ~ (j /( / ! Name: t r v ~ ~. tL <.e.. (',) 1>--- C Q } \ () V (' ~L hliu--''',- Op{ - Address Design Review Committee 276 Fourth Avenue Chula Vista, CA 91910 httn://www.chula.islaca.llo./CilY Services/De.elonment Services/Plann inll Buildinl!!contad.asn RE: Home Depot, proposed for Third and Moss Dear Chairman Jose Alberdi and Committee Members: Jeremy Hogan. Jeff Justus, David Bringas, and Yolanda Calvo: ThLlY \~p- \\n~ , ~QZ\c{'---v..~~ CA.'-'JL"-'u 1;'-<-'\r.lu'", "ru\t,-,-"i,:&, Sincerely. ')JvV. ~Y'"'->,, \' f''':;--A, Name: Address I Li 01 i-f!\ CLy-<: . l{f 1 . \\~ ~ l:L~\J:J'- Ii Q.Q 'b I L{, (1 ~l \ \ Design Review Committee 276 Fourth Avenue Chula Vista, CA 91910 htto://www.chula\"is.sca.Slov/CUv Services/Develooment Serv ices/Plannine: Build inlllcontact.asD RE: Home Depot, proposed for Third and Moss Dear Chairman Jose Alberdi and Committee Members: Jeremy Hogan, JetT Justus, David Bringas, and Yolanda Calvo: 1h0 fvu Ul;; ~ f) Jvv1 AW7L<<- h5f J ~ Sincerely, . ~~-f J ~ b 1 ll?tr()'~ -:f3rd-.C? Name: Address Design Review Committee 276 Fourth Avenue Chula Vista, CA 91910 httn:/ Iwww.chuI8\-istaca.I!O\i/Citv Serv ices/De,,'eloDment Serv ices/Plan niDi! Du ildimvcon tact.aSD RE: Home Depot, proposed for Third and Moss Dear Chairman Jose Alberdi and Committee Members: Jeremy Hogan. Jeff Justus. David Bringas. and Yolanda Calvo: f' / "..s.J-" wl.l.'e L \" "., , (/, (V / I' i\.. "J <.,,-' ,v '~) ,~~ '" 'f .A'Co f..y (L~ !~ [- ..... '-' "'j E-..._..u \.1..-"---><../' " I I'L. I '" ~"~'-'{ ...:r j' \ (, , r C ',/--_J<-.'-_'-_'-^__C C' [1 '1 ) /~. r I' _ Sincerely, \>Z(]i'k{l , Name: lit J' II S ,', 1\,\ /, I fI f,'" ,l' .. )1." ,; )v1 \ \ Address ,{( / '''1' fG'" ,~\v{ ( I \ r( \ ",""J " 1 Yd lid., >(,.11 J (1gJ: c- ;/u iL'~, A. ( I. ) Ir__. L jJ--f1 f/c:,~ , d", (,- l; I '; / / , L - ), , , / I ../r/ [/ i' {Ir I Design Review Committee 276 Fourth A venue Chula Vista, CA 91910 htto:/lwww.ehuI8\'istaca.l!o,'/Cit" Services/Develonment Serv ict..-s/Plan nine: Du ild inl!lcontact.asD RE: Home Depot, proposed for Third and Moss Dear Chairman Jose Alberdi and Committee Members: Jeremy Hogan, Jeff Justus, David Bringas, and Yolanda Calvo: ~ d~ r-i-- ~. /J..,0f! iN t1::t:. hL.~, tJ>v.- arf /Y)1,M, Gtiwv bJL. ('/V' 3 ~ f(~ ~ f~ ~iH ~ ~ Name: ~. ~. ;() 0/, q // Address Design Review Committee 276 Fourth Avenue Chula Vista. CA 91910 htto:/ /www.chula\!istaca.l!ov/Citv Services/Deve.oDment Services/Plan ninl! Du ildinrYcontact.asD RE: Home Depot. proposed for Third and Moss Dear Chairman Jose Alberdi and Committee Members: Jeremy Hogan, JefT Justus, David Bringas. and Yolanda Calvo: ~ /l6-<.-1--L ~"- .cA, fiulj L<-e' ~ >4 /7t.<.<-c '- ~4r<:1 I 4~ cf .,t;~ ~t'u( (1 J/ILti~r k - !1''<'~ (pt~ ;'4-~f'1'; ~J/1 ;k~;;( L,J..U ~'/' /) /~/' /Ulc,,~ j~/nf /)./1cd ,A U) /)." l'{7:fl'c~Y { , (Y1Y:! ,/}("fJ t~~,,--I Sincerely. lit~ jJ ~~ Name: rI OC( /1"(,(4'( (' Address I 6 /j <; h)ui /1 h ilvP 1?-d2/110't;;:Cj /' vi r_ (,c.-c '7 r 7~7-eAV -cW ~~.<i ,:() /~ (~"'--1'- U~/7' /l'<~:;r/ , Cfd-CtA!.1.v7 Z~-<:~ tA.-f:C--1/'- ( .' I~~ .f}.e r iL&,(/,;) t<~ u'C' k. ~4::1 /~~"~ ~z~ Adl-P ~/k"{ ,.t; /~:',NL ,:c~ "(;;r;t.<~k <~C(', #'1(. ( I (\ 1/ '; 17 I / Design Review Committee 276 Fourth ^ venue Chula Vista. CA 91910 h Uo:/ /"" "" w .ch OIB\' istaca.l!ov ICitv Services/DeveloDmcnt Serv ices/Piano iot! Ouildinl!1contact.asD Dear Chairman Jose Alberdi and Committee Members: Jeremy Hogan, Jeff Justus, David Bringas, and Yolanda Calvo:, I '/ /) I Lt, !\ <=--{~1 rUJ1- / (-1 ,--<- (l'~-:~ /1.Ul?--<-. (.V<. ..-; '--- ;' / ,: tD :1 I !<e'( RE: lIome Depot. proposed for Third and Moss I. , ;( :'(/ l ,..J' / ~.J('-' (:'j , , ,It: L'- ~ c',/~ ~ ,~ c ,C'L l::;' '-J 'iJ / (/< (/Lr--1 ) / i " (./~ '- C~7 ( ) ,~2)<> j/1 Je'J,j If" . "~II /, ;)",{ '<. I' i / i I ,) I "' ,I '> ' 1'_ l' l:- c /,J )~:- '-- /,. / II- I I - / , ( I'Y c',.., CI 1.(-'2- LV 7 "d, ,IV' / /1, '/1'" /'- '1, " '.'" l_ ~ I ,/' f, L"", , ."L_~_ --./'t,"1 k ,- ( (Nu,- ({Ie, L ,.. / Fill III ; I ' , ) J \\ / .'_ ~,T _', t,' ( 'j I/L ~-) ,) -,': - L.L-K. ,-'_,~J./ 't_t (/,.( , ' , ) (. ....1 ...._~ eji -.;:,>:? ~ J_ ,/ f-:' c' ~~~IJ 'J/vj d ') 1"I~,L;':1 , I,Jr<, ,J ( ",-1"", ,:1 ,(L" ! Tlf III /< /) j/()I( Tr Sincerely. Name: / I. ,), 1(.) (.) ,,_~'-1. , 1\ ( , Address ,/ , f"e " ' ;G , ) ) (__ " Or" ( .. r i 1/ - / / ) I i (j I , c) ,:'-! ~_). l<'':, } ,,--';, { ~.0/ -..-- /; / i r )' I I l / / ' 1(' ; ,I , , //"'J: j"T/r j _~_ , t/,;" v--' I), / '", J J~ t ,'~ /fe rl",~ j ,I I ~, /(,4 /;, < '-J '( l-J /, .I' (J " " / J .<--f :, 'i_,\ :'/ "j /, ,(,-<.."C(/ ' J'_' (. ill ~~I.... c ~' , , I f J,.- "-', ,,-~ (:c.. / -. ..) , ........ j . " ,.f-'-< '-I j I ,'- /", I. (<;: j' _..._.-J"~ ) ,,;-,-J \ 'f /,,;)(' , (' J(( Design Review Committee 276 Fourth Avenue Chula Vista. CA 91910 hUD:I/", ww .ell 018" istaca.i!ov/Citv Serv ices/Development Serv ices/Piano in!! Bu i Id in2lcon tact.asD RE: Home Depot, proposed for Third and Moss Dear Chairman Jose Alberdi and Committee Me b' H ' Bringas, and Yolanda Calvo' m ers. Jeremy Hogan, Jen Justus, David wdl c\Us.\-. rvlta~ 3\W To ~o.KL ~Ift- b0l ( d W\3 VV\O r e.. ~. ~ V\O--\-- c\o~ C\ p evr+ MSLvJ-, + \;wl'\ MUc..h Y\C)l~ o.,^~ +0 ou(" +0 - \ hcxV\ K- r Sincerely, Name: lV)ON~~u1- ~~\~Z- Address \03S- '-.\~ ~ ~ ~-S ~~\~ \) \.~~ C<A, ~\CA\\. , Embargoed Until Delivery GovernOl' Arnold Schwarzenegger 2007 State of the State Address January 9, 2007 LieLltenant Oovernor Oaramendi, Speaker Nunez, Senate Leader Perata, my felJow servants of the people, 1:IIJjes und gentlemen... I am honored to stand here once again. J wanl to thank the legisluture, as J did in my Inauguroll, for putting the people above politics last year--;U1 election year. The federal government was paralyzed by gridlock and games. But you here in this chamber acted on infrastructure, the minimum wage, prescription drug costs and th~ redllction l)f greenhouse gllses in Ollr ~tmosphere.. Whal this said to the people is: we are not waiting for politics, We ore not waiting for Ollr' problems to get worse. We are not waiting for the federal government, We ure not waiti"g--period. Because, the future does "ot waH. ! bc:lieve that together not only can we lead CaliFornia into the future...we can show the nation and the world how to get the,'e. We can do this' because we have the economJc strength, the population, the technological force of a nation-state. We are the modem equjvalecnt of the ancient city statQ1i of Athens nnd Sparm. California has the ideas of Athens and the power of Sparta. As YOLl know, California, if a nation, would be the sixth largest economy in the world. But it gOes so much beyond that, Acco,'ding to The Economist magazine, California is home to three of the top six univerSities in the world. Califomin has more Nobel Laureates, more scIentists, mate engineers more researchers, more high-Tech companies than any other state. We are responsible for one of every rour U.S, paten IS. We account for one of every five U.S. technology jobs, We attract almost halF of ull U,S, venture capital. which funds the ideas and industriel! of the future. California Jeads the nation in biotechnology, We lead th~ nalion in nanotechnology, We lead the nation in medical technology, WI;. lead the nmion in infonnation technology, We will.oon be the recognized leader in cleun technology, Worldwide. clean-tech illYestments are up 50 percent in the first nine months of last year alone. Calif01'l1iu is spurring clean technology by the environm~ntal standards we are setting. QUI' innov:\fion, our science, our knowledge, our creativity is un-equalled on the face of the earth. The 2l~\ cent\I]'y cun be the Golden Century For the Golden State. I huve asked nlyself, what must we do in this chamber 10 help fulfil1 this future7 It starts very simply. We can .tort by working together. USI.lally wilen" goyemor gJVC:; Ilis SLate of the Slale Address, he tolks about his vision. This year! wunt to talk abouL "our" VJSlon. beCIIUSe'l think we illl want the same thing for Californians. Let me lell you UDOlll some of [he ideas of aliI' legislative leaders. Speaker Nunez has made reseul'Ch into alle111,llive energy and transportalion fuels a top pJiority this year. Speaker Nunez, I will work with you. Page I of 6 Embargoed Until Delivery A lOp priority for Senate Leader PenHa is to _!'t:ate a world-class w~ter transit system in the Bay are. that could m.inlsin vital trnnsportmian links after an earthquake 01' other disaster. Senator Pemla, r will work with you. RepubliCM leaders in both the Senate anel the Assembly have made debt reduction a.nd buiJding water srontge II,eil" lop prio';ti.s tilis year. Senator Ackerman, Assembly Leader Villines, I wjJj work with yOtl. Let me explain some of the other areas where we can come togethenhis year, In November, the people I1ppl"oved the first phase of infrastructure bonds necessary to rebuild our Stale. . Dllring u speech ar the Pat Brown Institute, I heard Senator Ferats say that the people of California expect to see the construction cmnes right away. They want to see action. Senator, I agree Ilbsolutely, We, the elected leaders, mtlst authorize the cranes, the bulldozers, the cement trucks to begin thdr work without delay. This is !l les! for those of us in this chamber in another way. wm the process turn into s porkfest as it did In Wushington with ~11 the earmarks and the backroom deals? Or, when we have allocued the 'pending, will tha people say, ''They spenL our money wisely?" Yel this ia more than Just about the people's money. [r is about the people's trust. Let os not disappoint them. We must ~dso be good stewards, because we must go back to the people for permission to build mOre and finish the job. The building has just begun. One year sgo I unveiled the 200 billion dollar plan that pl'cpal'ed CaHfon)ia for the n6X! ten years. We are a big statc and We have big needs. And we made!l big down payment. But the job is not finished, Same are'ls. such as prisons and water storage weren't included. And we still have mare roads to build, mar. schools to construct, more univcl'sHies 10 equip to keep up with the future, As I said IllS! YMI', C.lli Fomi II 's popu laLion is expected to incTCllSe by as much as 30 percent over the next 20 y.ara. Thut is the equivalent of adding three new cities the size of Los Angcles'. We have to prepare for that growth. So this year we muSt invest in five infrastructure areaa in particular --public safety, water supply, tmnsporcution. ed\lc~tipn and diSH~ter pl'eparcdnes~. Let me give you" couple of examples why we must act. Public safety is the first priority of 'govemmel1!. Our p,'isons al'e in clisis. We have inherited a problem that Wi\S put off year after year. La" yeur [called a speciul session LO address the crisis. ThaI session was nOt successful, sa I declared a state of emergency. Tt is sti II an emcrgcney. Our prison system is a powder keg. It poses a danger [0 pJisoners, a danger to officers... and a danger to the weIJ-bei!1g of the public jf -. as the federal courts have (hrentened -, Vie are fOrced to release prisoners because of oVercrowding, We hal'e thousands of prisoners housed in gymnasiums, TV roams, dining rooms, hallways, ~nywhere there is a space. 172,000 pJisoners in facilities designed to hold about 100,000. That is a danger and u dj5gruc~. Page:< 01'6 EmbrlrgQed Umil Delivery .. ....,... ....._n..__~~.._......._____ . Here are the coul1-ordered choices we face: We build more prisons or We releas8 criminals, We : build more prisons or the court takes money from education and health care and builds the prisons itself. [am not in favor of releusing criminals. I am not in favor of taking money from classrooms and emergency rooms to build cells. Where do you stand? We must act. And we must act this year. Which is why on Dece'mber 21st. I stood with Senator Gloria Romero and Senator George RUflner and Assemblyman Greg Aghazarian to introduce comprehensive prison reform. We need sjustice system thm's Fair, that's tough and that offers hope for those who can still turn their lives around, Let me give unotllel' infrastruct'ure e!lumple. The number of high technology companies we have. in Cal/fomia is related to how many brilliant scientists we have in our universities...which in turn is related to how many smart undergraduates we have", which is reJated to the number of high school swdents who graduate... and so on down through the gtades. That small child with the sticky hands starting the first day of kindel'sarten is the foundation of California's economic pOwer and learluship. We must invest in education. 1t's not just how much money we spend but also how WI:' spend it. I have Seen the need with my own eyes as I've toured schools across the state. I went to a school with bed sheets on the windows rather than blindS, [went to a school that was,so overcrowded the gyms locker-room was used for teaching space, The education bond thai passed j.n November builds 10,000 ntlW classrooms and renovates 38.000 more, but thot gets us only through the next two years. We need to b1.lild for the fmure. , This year J ask you to invest in i5,OOOmore classrooms and renovate 40.000 more. Yet we must build nO! only structures, but accounlabili ty and transparency into our education system. As a step toward the day when parents wi 11 have I'eal choice in OUr public education system where to send their children. we should prdvide parl:'nts With relevant. accessible informati.on. not bury it in thl:' bureaucracy. If you can get Information about a car online, why can't you get information about your local schoo! online? What percentage of money goes into the classroom? Does the school . offer'lfter-school programs, music. art, PE programs? What is the graduation rate? The drop-out mle'! You cannot e...ily get this infQI1Tl6tion today. So how can a school or a school district be held accountable? I want to work with the legislature to make this information readily available and u~er-friendly for the parePts so that they oan make ' intelligent choices about their child's school. We must also continue to reinvigorate career tech education, support quality charter schools and find innovHtive solutions to the teacher shortag.. 1 will not discuss all of our Infrastructure . proposals this evening. but I want to say one final thing about this topic. Rebuilding California is nUl it burden. 'le is nOl B chore. it is a pi;vilege. It is a privilege to be abie to help this stale reach its full potential. It is a privilege to be able to help future generations fulfili their promise. And when [hey look back, they will see you ill this room, and they will be grateful for what you have done. Now, in addition to addressing our infrastructure last year, the legislature joined with me in passing tho histOlic global wa"ming measure that caps greenhouse gas emissions_ Page 3 of 6 Embargoed U..til Delivery , We l1ear SO milch abollt climate change. One area where we definitely need the climate to change;s Ine nutional government's altitude towllrd global Wanning. It would not act so California did, California has taken the Jeaderahip in' moving the entire country beyond debate and denial... to action. As Califomia goes, so goes the rest of the naqon. I tlsk you to appropriate the funds to implement this global warming legislation, so that we can become pl1rl of the world market thul is.already trading eredits for the reduclion of grecnhouse g.ses. I also Ilsk you.tO work witn me on anotherenvironmentaJ fil1;[. I propose that CalifornIa be the first in the world to develop a Jow carbon fuel standard that leads us away from fossil fllels. And let us use the freedom and flexibility of the market to accompJish it. Let us blaze the way, for the U.S., for China and for the rest of the world. Our cars have been running on dirty fuel for roo long. Our country has been dependent On foreign 0;.1 fonoo long. I ask you 10 Set. in mOlion the means to free ourselves from oil Bnd from OPEC. r ask you to encollrage the free' market to overthrow the old order. California has the muscle to bring about such cha11ge. I say Use it. When I first cume here in 1968, one of the first things I did was to ask people where I couJd get health insurance because) knew thp[, as an athlete, Injuries Can happen. Here is the ironic thing about health Care today. California's medical care. its medical knowledge, it. medical technology is as strong and vibrant as a bodybuilder. Yet OUr health care system itself is a sick old man. You know the reasons --rising costs, Jack of coverage .. nearly 6,5 million Californillt18 have no insurance at all. Recently 1 visited California Hospital Medical Cent~rin downtown Los Ange1es. LaSI year, the uninsured people who came ro the emergency room left behind 60 milIion dona~ in unpaid bills. That's in one hospital. Multiply that by the number of hospitals in CnJifol'l1ia, and the !UnOllnl ''\Jns into ihe biJlions. Ouess who's paying for aWthis? You and me and aU of us who are lucky enough to have coverage. That's who pays. The people with insurance pay'a hidden tax t~rough higher deductibles, hjgherco~ts, higher erelt1iums, higher copuy.. ihis y!UI' we must take aClion On heallh Care. Y!Slerday t announced my proposal. I know you also hllve proposals. I have always said you can never have roo many ideas. So all ideas, regardless of origin. are still On the tabl.. I do believe. however. that the ultimate answer will come from the plinciple of Sh'lred responsibility --by the govemmenl. by employers. by health plans, by doctors. oy hospitals and by the individual. In Ihe past. health care l'eforl11 was always deM on arrival. Bllt Ihis ycar you can fee! something dil'i'erenl in the tilr. You ctin I'eellhe energy, t~e mo",ont\lm. the desire for action. YOII can feci that the lime is light. Both leadel'S have said to me. "We will gel this don.:' Ladies and gentlemen, we Page 4 of 6 ErI,bargoed V"fI'l D.liver;r will get this done, Califbmia is going to lead the mition in breaking new ground to meet the health care needs of its people, Tomorrow, I will outline my budget. which is balanced and which fully funds education. When I first became governor, we had an operating deficit of $16.5 billion. I said ihat through discipline and through new revenues that flow from economic !:rowth. we would reduce the deficit over ~me. Last year. we got it down to $4 billion. To'morrow, I will propose a budgellhal will dremeticsJIy reduce this deficit even furthe,'. Now here is the great thing. We have mnde this progress without raising taxeS. We have reduced the deficit, not by burdening the people and our businesses, but by encouraging economic growth. This year California has the highest revenues in its history and the lowest unemployment rate in 30 yenr!i. Ladies and gentlemen, the state of our stale is strong. We slill have very difficult choices to make on the budget, and I am eager to work with you on the!Je choices, I am not asking you notto be a Republican or not to be a Democral or to give tip your principles. I am asking you to be Californians and to work OUI a solutiot'l that is the best possible answer to the ch~llenges we face. As long as we recognize some progress toward OUT individual visjons - whether Republican or Democrat ..this should.allow us the freedom to reach a budge I agreement and to go forward together. One Inst item. I again this year raise the issue of poljtical reform. CaJjfomia politics is II centrifuge that fOrces VOters. policies and parties away from the center. The centrifuge is powered by tile way our legislative unci congressional distriCTS are drawn. They are drawn to eliminate party competition.. They work against the mains\rCam, which is where most Californians are. Currently, ours is nOt a system of the people, by the peopl~ and for the people. It is a system of the p!l~jes. by the parties, f01. the pLlrties. In the past three electhin cycles. only 4- of California's 459 congressional and legislative seats changed hands. There was more turnover in tl1e Hapsburg monarchy than the California legislature. 1 ask you to work with me to create an independent commission to fi)l. a political system that has become petrified by self-interest. California certainly is not alone in this. No state Ie.gislature in U.S. hislory has put s redistricting reform on the ballot. California can be the leader. You wili not benefit pOlitically from this. I will not benefit politically from this. But the peo-plc wHl benMit from this, 1 ask you to work with me to do the right thing for the. people. Let me close with this thought. We accomplished historic things last yellI'. Let us make this year hislOlic as well. I k~ow thul what I have proposed is an ambitious agenda. I heard that last year and the year before thot and the year before that Yes. ii's an ambitious agenda, but we must be ambilious to got Califol11ia to the future. We are addl'Ossing needs that have been ignored for decades. This is important work. It is hard, heavy work. What we are doing relates directly to the kind of stllte this will be in ten or twenty years. But Is this not what governmenl should be doing? Page 5 of 6 Embar/roed Until Delivery , ~ for too long Californians ju.t stared at this mou~tain called the future. We couldn't climb it becau$O our cun-em problems blocked the path. We couldn't climb it because it was politioalIy too Steep_ We couldn't climb it because we couldn't agroe o~ the route that takes us Ihere. But !ust year, we made the decisio~. we lOok a deep breath and We began our ascent. Working together we can scale that mountain. we can .tand On tOp ofil. And One day 1'1" will look down from it and say to ourselves, look how far we've come, look where we are, Jook what we've accomplished for the people. Ladies and gentlemen' of the legislature, Jet us continue the climb we began last year. 'Thank you very much. ### Page 6 of 6 Embargoed Until Delivery I. Air RepOrt under-estimates impacts because it is based upon faultv traffic report savinI! Itome DepOt will have less traffic than K-Mart and restaurant. They counted traffic at H- Street store on Tues, Wed. and Thurs. week before Thanksgiving in 2005 ignoring that store has tnost customers weekends. Using H-Street 6,020 ADT for weekday and ratio-adjusted Long Beach 8,500 to 8,853 for weekend one gets an expected weekly average of 6.829 ADT. http://\V\\w,LatlI1)l:~~OmlDl:\.\~/lo~Jlil<J~ml:~lhti<:1'()!-li,1!1ll4,(),.-I sUIt S.sJQry~~illtIJ~hoIllO;' ~Jlincs Long Beach's environmental impact report estimated the project would add 5.780 vehicles on weekdays and 8,500 on weekend days to already busy roads leading to the proposed Home Depot. (This is lower than most EIR's that use 60/1,OOOsf, which would come to 7,740 ADT) 2. Noise repOrt admits 55 decibel standard for single familv and 10PM-7AM night for multi-familv cannot be met Comments also suggest possibility of a tunnel effect with noise walls and building. 59 decibels at second story 50 feet awav was best thev could do for lumber off loading. This is not aood enough. To maintain this distance all trucks. lumber and forklifts would have to stav within 15 feet of the wall of the building. Thev also sav the ambient noise is 61 decibels because 500 cars pass per hour on Moss during rush hour. The traffic studv shows no where near that amount counted on Moss. An internet search shows noise is a persistent problem: There is no analvsis on light impacts. although this appears to be an issue elsewhere: N<,ise News for Week of February 20~ 2UOO According to Newsday, Hempstead resident Ronald Lupski is fighting a losing battle over noise from Home Depot, which moved into his neighborhood in 1990... W\NW.nonoise.orglnewsl2000/feb20.htm - 29k - (aebed - ;:illnilar-I'acc.i bt1IL:','\\ ~\"'\i SgmImm.i!~::!l~_~>_Q_<!~~? .~0!1E!.n;Qj~~~5':~!Jf1~_eJtl)~~1rr~_LLi)})~ ,!-1.LD_()!1)t.:'-J_c;fK)J::DJ-.HLbUD!Harrlson Avenue residents say they have been waiting 10 years for Home Depot managers to heed their complaints and put a stop to the noisy work that goes on while most of the store's neighbors are trying to sleep. http://www6.lex;snexis.com/publisher/EndUser?Action= UserDisplayFullDocument&orgld = 1593&topicld =21355&docld=l: 551212, Home Depot may face fallout 12/2006 Members of the Zoning Board of Appeals say they may take the hanuner to Home Depot after hearing complaints last week of ongoing noise and light pollution rrom neighbors living adjacent to the building materials giant. ZOiilHi! SHard of Adiustment - Cin- OfCOiiCO.-d [\B http:/_.cl.concord.nh.uslcocleadmlnlmlnuteolZonlngMlnutss5-3-06.asp He'd suggest screening to abate the noise as well as the lighting problems. He and their neighbors constantly complain to Home Depot of these issues. ... ~.. ,..:~~~:::.- ::.-:--. I ---...:~..~- .._ __~ /.... ...... "..r_ ~'!:.:~.. .-=n II --. -T -J.;~~----'--------- 0: t . - --- ij .f" ; ,I .' J~_'l_-_ ',~". I ~).~ ... ~ R;!~~~.:--::J-'~~'-c ... . . --------- ENLARGED SECTICN A -- EASTI WEST AT LUI\IBEH TRUCK UNLOADING AND NEAREST EVAPORATIVE COOLER TO Pl. i~ r ty:;:;ii.\w~Yi-- to'AC'Ilt-O" .. -- -'"~-.- -- --.. --- 3. There is also issue of emDlovee and customer safety. fires and storae:e and handline: of h~rdous materials: "The next time Home Depot knocks on your neighborhood's door, ask lo.cal fire officials to get a complete inventory of the hazardous materials stored inside the store, ~d a print out of any incidents nationwide at the store that involved the release of toxic maerials. Be sure your local fire chief has asked for copies of the National Fire Prevention A:ssociation (NFP A) reports on the Home Depot fires in Tempe, AZ, and Quincy, MA. Ask the company to provide a report of the garden center fire at Signal Hill, CA. Local homeowners have a not to know the risks involved in living near a warehouse full of chemicals, solvents, paints and pesticides." 20Gb-05-} j - Uk Rivgr. Mi\;. Another I lome Depo( i.;;tches }. ire , :':Oub~OL~Q3 . C<)lIeQ:c Park~ !\1D. Fires Plague I-Iome Depot~ 2005-08-02 - 1.0::; /\ncc!c::>~ CA. Home DerK,! G: e.t~...~ uhj1<:>t:l1a Df.1JJa/ar<!().lI~.}V a.'<I.e_ I1tlJ:>;!I\'{\V~ LS!'.f.ii""I- huslers,,<:.()'II/ se'trcD.llM:re.'j<lstllfy=4() .:'i. H c)w Home Depot kecDs store accidents secret. Atlanta Business --, When Home Depot provides attomeys with information about the frequency and severity of accidents in its stores, it demands they sign confidentiality on WVIW.bizjournals.com/atlantalstoriesl2003l02l24/story4.html - 68k - i;,~a"h<;j) - Similar Da~ A..cddcnts daim !~ves of Home Dccot shOtmers - Atlanta Business nO Accidents claim lives of Home Depot shoppers. on No comprehensive list of customers who have been killed or seriously injured in Home Depot stores is ... www.bizjoumals.com/atlantalstoriesl2003/02l24/story2.html- 71 k - Jan 5. 2007 hrtp:l/www.spmwl-busters.comlsearch.php?readstory=2293 1m 2001 because of several deaths in Home Depots thev hired Safety Manal!ers fer all their stores and instituted safety traininl! prol!rams for all employees. Now profits are down so: 2006-03-19 Atlanta, GA. Home Depot Cuts Its Safety Managers 1';;:~2;?E 0 I Nationwide. I / .- j 11.1"1111' III! I [11 Now planned. 60 feet wm closest residences, lots of sound walls, tnJck traffic close to residences on Moss and west of lot. ~ -"'~'.- -; . y .~ ./,~ - - ~\n ANl"fmr.nflmildin.......t'.tWItIM t.Caio _ GIInICII ..- - lr"""'only,_ ~.-.. ~Ir-:m,"""",~ ~2 ... ! F ~', nrb....,,] r [ ThmI A.... ._i' , "'I' , iMl 1.1 1.1 . _' i~ !~ q!j 00 ....-...............J-l....___I/~.......tT'---.._! .frp~' : ~,-::- :-r 'tI~ r:.:? Alternative protecting residents' health and comfort: No trucks on Moss or behind residences. Lower elevation, low wall and landscaping to hide views from Third except for sign and decorative rear of building-similar to comer of Olympic and Eastlake Blvd. Just flip the building. . /(Tdl / fI DRAFT - December 12 Amended OTHER BUSINESS (continued) Mayor Cox moved to appoint Deputy Mayor McCann as second alternate. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Councilmember Rindone suggested a re-vote on the above items since they involve stipends. ACTION: A motion was made by Councilmember Rindone, seconded by Councilmember Castaneda, to reconsider the appointment of Mayor Cox as SANDAG representative. The motion carried 4-0-1, with Mayor Cox abstaining. A motion was made by Councilmember Rindone, seconded by Councilmember Castaneda, to appoint Mayor Cox as SANDAG representative. The motion carried 4-0-1, with Mayor Cox abstaining. A motion was made by Mayor Cox, seconded by Councilmember Ramirez, to reconsider the appointment of Deputy Mayor McCann as SANDAG second alternate. The motion carried 4-0-1, with Deputy Mayor McCann abstaining. A motion was made by Councilmember Rindone, seconded by Councilmember Ramirez, to appoint Deputy Mayor McCann as SANDAG second alternate. The motion carried 4-0-1 with Deputy Mayor McCann abstaining. C. Appointment of Metropolitan Transit System representative and alternates. Mayor Cox moved to appoint Councilmember Rindone, who has served on MTS and is next in line to be Vice Chair, as MTS representative. Councilmember Castaneda seconded the motion, and it carried 4-0-1, with Councilmember Rindone abstaining. Mayor Cox moved to appoint Councilmember McCann as alternate. Deputy Mayor Rindone seconded the motion, and it carried 5-0. Councilmember Rindone suggested a re-vote on the above appointments, as they involve stipends. ACTION: It was moved by Councilmember Rindone and seconded by Councilmember Ramirez to reconsider the appointment of Deputy Mayor McCann as MTS alternate. The motion carried 4-0-1, with Deputy Mayor McCann abstaining. It was moved by Mayor Cox and seconded by Councilmember Rindone to appoint Deputy Mayor McCann as MTS alternate. The motion carried 4-0-1, with Deputy Mayor McCann abstaining. 21. COUNCIL COMMENTS . Deputy Mayor McCann: Discussion ofOtay Lakes Lodge Mobile Home Park Deputy Mayor McCann asked staff and the City Attorney to review safety and traffic issues of ingress and egress /Tom Otay Lakes Lodge. Page 12 - Council Minutes http://www .chulavistaca.gov December 12, 2006 /~_. ~ .~san Bige!p,w From: Sent: Subject: rudyforch u lavista [rudyforchu lavlsta@cox.net] Monday, January 08, 2007 908 PM MEMORANDUM/ORGANIZATIONAL REFORMS FOR THE eVRe Memorandum Date: January 8. 2006 To: Redevelopment Subcommittee - Mayor Cox and Councilmember Rindone Cc: Councilmembers i\kCann and Castaneda Fr: Councilman Rudy Ramirez Re: Organizational refDrlns for the Chula Vista Redevelopment Corporation Because we share a vision for a vibrant redevelopment of West Chula Vista, I believe we should consid,-r changes to the decision-making process and composition of the board of the Cbu]a Vista Redevelopment Corporation. Changes to the composition and structure ofthe board could: Increase the board's independence frolll both the City Council and city stafDepoliticize the process by removing ejected officials from the membership: and,Improve efficiency by eliminating duplication and streamlining the process. In my view, the composition of the board should be balanced with four representatives of community-oriented groups those who have traditionally advocated 'community character' and a cautious approach to redevelopment -- and four members from business-oriented groups and individuals eager to bring the economic benefits of redevelopment to our city. ... Community oriented members could include representatives of each of the major local civic organizations and area planning groups -- Southwest Civic Association, Northwest Civic Association and Crossroads 11 and others concerned with harmonizing the impacts of redevelopment with existing neighborhoods. ... Development related interests could include an attorney with expertise in development related issues, other industry experts and representatives of local business organizations. By having both perspectives equally represented, and an even number of total members on the board, we can encourage compromise and consensus. It would be my hope that such a board could resolve many contentious issues and reach consensus on an Urban Core Specific Plan and important redevelopment proposals prior to them coming before the City Council. By incorporating these perspectives and interests traditionally held by the RAC and existing CYRC board in to a new, reconstituted CVRC board, we could eliminate the necessity for RAC and the existing CVRC board, thereby streamlining approval of redevelopment proposals on which a consensus has been formed. It is my hope that we can have these issue resolved prior to a new City Manager taking their position. ' These are my initial ideas for restructuring and streamlining the decision making process for redevelopment proposals and the UCSP and are certainly a 'work in progress'. I look forward to hearing your ideas for improving the efficiency and independence of the process by which our city considers redevelopment proposals and to seeing the recommendations that your subcommittee is preparing. I look forward to discussing these issues further at an upcoming public meeting. 1