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HomeMy WebLinkAbout2008/03/18 Agenda Packet I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according to Brown Act requirements. ~ ~ l ~ -, I U It? czf/IMLL ~ /.r ated?-" ~1-uJS Signedf~~ =~.::.._~ ~~;E"~ OlY OF CHULA VISfA Ay Cheryl Cox, Mayor Rudy Ramirez, Councilmember David R. Garcia, City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Councilmember Donna Norris, Interim City Clerk Steve Castaneda, Councilmember March 18,2008 6:00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox WELCOME AND INTRODUCTIONS BY DEPUTY MAYOR RINDONE AND COUNCILMEMBER MCCANN PLEDGE OF ALLEGIANCE TO THE FLAG, LED BY JOHN WILLETT AMERICA THE BEAUTIFUL BY MARINA INSERRA INVOCATION BY DEACON GREGORY S. SMYTH INTRODUCTION OF MAYOR CHERYL COX BY EMILY COX STATE OF THE CITY ADDRESS BY MAYOR CHERYL COX 7:00 P.M. RECESS FOR RECEPTION 7:30 P.M. RECONVENE COUNCIL MEETING AND CALL TO ORDER Page I ~ Council Agenda httn:/i....;vW\.V. c h ulavistaca. gO v March 18, 2008 SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR COX OF A PROCLAMATION TO JOHN CLINGAN, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE CHULA VISTA BOYS AND GIRLS CLUB, DECLARING THE WEEK OF MARCH 30 THROUGH APRIL 5, 2008 AS "NATIONAL BOYS AND GIRLS CLUB WEEK" IN THE CITY OF CHULA VISTA CONSENT CALENDAR (Items 1 through 10) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or 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. WRITTEN COMMUNICATIONS A. Memorandum from Counci1member Steve Castaneda requesting an excused absence from the City Council Meeting of March 11, 2008. Staff recommendation: Council excuse the absence. B. Letter of resignation from Juan R. Celaya, member of the Human Relations Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 2. A. ORDINANCE OF THE CITY OF CHULA VISTA ACCEPTING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE REPORT PREPARED BY STAFF AND ESTABLISHING A WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM TO MITIGATE TRANSPORTATION IMPACTS WITHIN WESTERN CHULA VISTA EXCLUDING PROJECTS - 1-5-17, STM-361, RAS-15, BP-5, 1-805, RAS-17, BP-4, BP-2, AND OR-4 (SECOND READING AND ADOPTION) B. ORDINANCE OF THE CITY OF CHULA VISTA DEVELOPMENT IMPACT FEE REPORT PREPARED BY STAFF AND ESTABLISHING A WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM TO MITIGATE TRANSPORTATION IMPACTS WITHIN WESTERN CHULA VISTA INCLUDING PROJECTS - 1-5-17, STM-361, RAS-15, BP-5 (SECOND READING AND ADOPTION) Page 2 - Council Agenda htto://\vw w .ch~l'@v istaca. gOY March 18, 2008 C. ORDINANCE OF THE CITY OF CHULA VISTA ACCEPTING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE REPORT PREPARED BY STAFF AND ESTABLISHING A WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM TO MITIGATE TRANSPORTATION IMPACTS WITHIN WESTERN CHULA VISTA INCLUDING PROJECTS - 1-805-2, RAS-17, BP-4 (SECOND READING AND ADOPTION) D. ORDINANCE OF THE CITY OF CHULA VISTA ACCEPTING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE REPORT PREPARED BY STAFF AND ESTABLISHING A WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM TO MITIGATE TRANSPORTATION IMPACTS WITHIN WESTERN CHULA VISTA INCLUDING PROJECT BP-2 (SECOND READING AND ADOPTION) E. ORDINANCE OF THE CITY OF CHULA VISTA ACCEPTING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE REPORT PREPARED BY STAFF AND ESTABLISHING A WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM TO MITIGATE TRANSPORTATION IMPACTS WITHIN WESTERN CHULA VISTA INCLUDING PROJECT OR-4 (SECOND READING AND ADOPTION) Adoption of the ordinances establishes a Western Transportation Development Impact Fee program for Western Chula Vista to provide for future transportation facilities needs and adequately mitigate impacts created by new development. These ordinances were introduced on March 4, 2008, and second reading and adoption was continued from March 11, 2008. (Engineering and General Services Director) Staff recommendation: Council adopt the ordinances. 3. A. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.25 TO THE CHULA VISTA MUNICIPAL CODE PERTAINING TO GENERAL RULES GOVERNING THE CITY'S BOARDS AND COMMISSIONS (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RESCINDING RESOLUTION NUMBERS 4880,5654,8149,9542, 12112, AND 13906 AND CERTAIN COUNCIL POLICIES AND MINUTE ACTIONS PERTAINING TO BOARDS AND COMMISSIONS A number of redundancies and inconsistencies were discovered in the rules governing the City's boards and commissions. These rules are currently spread among the City Charter, Municipal Code, Council Policy Manual, and Council minute actions. Adoption of the ordinance and resolution is the first action needed to consolidate and clarify the general operating procedures for the City's boards and commissions. (Interim City Clerk, Senior Assistant City Attorney) Staff recommendation: Council place the ordinance on first reading and adopt the resolution. Page 3 - Council Agenda http://www .ch ulavistaca. gOY March 18, 2008 4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OPPOSING STATE PROPOSITION 98 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IN SUPPORTING STATE PROPOSITION 99 At the June 2008 election, voters will have the choice between two initiatives on the controversial topic of eminent domain. The Howard Jarvis Taxpayers Association, the California Farm Bureau Federation, and the California Alliance to Protect Private Property Rights gathered signatures to place Proposition 98 on the ballot, which would not only make major changes to the law of eminent domain, but also take on much broader private property rights issues, including rent control, open-space conservation, and local land use regulation. Proposition 98 closely resembles Proposition 90, which failed in 2006. To provide voters a simpler and more straight-forward alternative for homeowner protection, the League of California Cities this year led the formation of Eminent Domain Reform Now, a coalition working to support responsible eminent domain reform. The coalition successfully qualified Proposition 99 for the June ballot. Proposition 99, entitled the Homeowners Protection Act, would very simply prohibit governments from taking an owner-occupied home to transfer it to a private party. This is consistent with this City's historical policies on the use of eminent domain by the Redevelopment Agency on properties that are both residentially zoned and used for residential purposes. Adoption of the first resolution opposes Proposition 98, and the second supports Proposition 99. (City Manager) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "CMP REHABILITATION PROJECT" (DR179), AND RATIFYING THE ACTIONS OF THE CITY MANAGER AND DIRECTOR OF ENGINEERING AND GENERAL SERVICES MAKING AND EXECUTING A CONTRACT FOR EMERGENCY REPAIRS WITH MJC CONSTRUCTION, INC. (4/5THS VOTE REQUIRED) In accordance with the emergency provisions of Section 1009 of the City Charter, City staff contracted the services of MJC Construction, Inc. for the repair of two storm drain facilities located along 30th Street at the intersections of "M" and "N" Avenue. The repair was completed on February 7,2008. (Engineering and General Services Director) Staffrecommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CITY STAFF TO SUBMIT CIP STL335 PAVEMENT REHABILITATION FISCAL YEAR 2007/2008 TO THE CALIFORNIA DEPARTMENT OF FINANCE IN ORDER TO RECENE PROPOSITION 1B FUNDS AND APPROPRIATING $3,662,769.41 IN PROPOSITION lB FUNDS TO CIP STL335 (4/5THS VOTE REQUIRED) In order to appropriate and spend the City's share of Proposition 1 B transportation funding, the City is required by the California Department of Finance to have Council approval for the appropriation of funds for a project permitted by this legislation. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. Page 4 - Councd Agenda hap:/ \vww.chulavistQ-.~.9.-_:g~~ March 18, 2008 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING PALSONS ELECTRICAL SERVICES' BID, ACCEPTING THE SECOND LOWEST BID AND AWARDING CONTRACT TO STARS ELECTRIC FOR THE "EUCALYPTUS PARK SECURITY LIGHTING (CIP NO. PR-288) PROJECT" On December 11, 2007, Council awarded the contract to Palsons Electrical Services, Inc. The contractor was unable to obtain performance bonds for this project and therefore will be rejected due to non-compliance. The contract will now be awarded to the second low bidder, Stars Electric. (Engineering and General Services Director) Staff recommendation: Council adopt the resolution. 8. 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 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS, AND AMENDING THE FISCAL YEAR 2008 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,600 BASED ON UNANTICIPATED REVENUE (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, AND AMENDING THE FISCAL YEAR 2008 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $4,600 BASED ON UNANTICIPATED REVENUE (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 BEFORE-SCHOOL AND EXTENDED AFTER-SCHOOL PROGRAM HOURS, AND AMENDING THE FISCAL YEAR 2008 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $14,200 BASED ON UNANTICIPATED REVENUE (4/5THS VOTE REQUIRED) The Sweetwater Union High School District has awarded an $87,504 contract to the City of Chula Vista for the provision of after-school programming at six Chula Vista Middle Schools. Adoption of the resolutions approves Memorandums of Understanding between the City and the schools and appropriates the funds. (Recreation Director) Staffrecommendation: Council adopt the resolutions. Page 5 - Council Agenda http://\vww.chulav~staca.gg,y'' March 18, 2008 9. HOUSING ELEMENT REPORT FOR JULY 1, 2006 THROUGH DECEMBER 31, 2007 The City of Chula Vista is required to prepare an annual report on the progress of the implementation of the City's Housing Element. California Government Code Section 65400 requires the report include: (1) progress in meeting the regional housing needs; (2) the effectiveness of the Housing Element in attainment of the community's housing goals and objectives; and (3) progress toward mitigating governmental constraints identified in the Housing Element. The report provides detailed information regarding the City's housing activities from July 1,2006 through December 31,2007. (Redevelopment and Housing Assistant Director) Staff recommendation: Council accept the report. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $335,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE HUMAN RESOURCES DEPARTMENT'S BUDGET TO COVER ANTICIPATED COSTS AND EXPENSES RELATED TO CURRENT PUBLIC LIABILITY CLAIMS THROUGH THE END OF THE FISCAL YEAR (4/5THS VOTE REQUIRED) Annually, the City's budget includes funds to defend and to pay settlements on claims against the City based on typical claims activity. Depending upon the number and the complexity of claims received, the cost to defend or settle them may exceed the costs anticipated during budget preparation, as is the case this fiscal year. Adoption of the resolution appropriates the needed funds. (City Attorney, Human Resources Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or 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. ACTION ITEMS The ltem(s) 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. Page 6 - Council Agenda http://\vww.chulavistaca.w March 18, 2008 I!. CONSIDERATION OF ESTABLISHMENT OF A FISCAL STRATEGY FOR FUNDING OPERATING COSTS OF THE MT. SAN MIGUEL COMMUNITY PARK AND ALL SEASONS PARK, AND APPROPRIATION OF FUNDS FOR REIMBURSEMENT OF THE GENERAL FUND FOR OUTSTANDING AND FUTURE STAFF TIME CHARGES AND CONTINGENCY UNTIL COMPLETION IN AUGUST OF PHASE 3 OF THE CIVIC CENTER RENOVATIONS AND THE RELOCATION, INSTALLATION AND PURCHASE OF FURNITURE THEREFOR The City Council previously approved the Master Plans for Mt. San Miguel Community Park, a 19-acre park, and All Seasons Park, a 7-acre park. The Council also approved Design/Build agreements with Erickson Hall Construction, Inc. to design and construct completed fully functional parks. Adoption of the first resolution establishes a fiscal strategy for funding the operating costs of the parks. Additionally, the City Council approved a Master Plan for the renovation of the Civic Center, a Design Build Agreement with Highland Partnership, Inc., and the Guaranteed Maximum Price (GMP) of the project along with an amendment to the GMP. The second resolution appropriates $1.3 million from the cash released from the reserve fund and authorizes those funds to be used to reimburse the General Fund for all outstanding and future staff time charges, establish and maintain project contingency until completion, and implement a furniture installation plan that includes the relocation and installation of all salvageable existing furniture stock and the purchase of new product as needed to complete the project. (Engineering and General Services Director) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A FISCAL STRATEGY FOR FUNDING THE OPERATING COSTS OF MOUNT SAN MIGUEL PARK AND ALL SEASONS PARK BY INCLUDING THOSE OPERATING COSTS IN THE CITY'S FISCAL YEAR 2008/2009 BUDGET BALANCING EFFORTS, AND BY DEVELOPING A MANAGED COMPETITION MODEL TO SOLICIT PROPOSALS FROM OUTSIDE FIRMS AS WELL AS CITY DEPARTMENTS TO PERFORM PARK MAINTENANCE ACTIVITIES B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1.3 MILLION FROM THE CASH RELEASED FROM THE RESERVE FUND AND AUTHORIZING THOSE FUNDS TO BE UTILIZED TO REIMBURSE THE GENERAL FUND FOR ALL OUTSTANDING AND FUTURE STAFF TIME CHARGES, TO ESTABLISH AND MAINTAIN A SUFFICIENT PROJECT CONTINGENCY UNTIL COMPLETION OF THE CIVIC CENTER PROJECT IN AUGUST 2008, AND TO IMPLEMENT A FURNITURE INSTALLATION PLAN FOR THE FORMER POLICE DEPARTMENT BUILDING THAT INCLUDES THE RELOCATION AND INSTALLATION OF ALL SALVAGEABLE EXISTING FURNITURE STOCK WITHIN THE CITY AND THE PURCHASE OF NEW PRODUCT AS NEEDED TO COMPLETE THE PROJECT (4/5THS VOTE REQUIRED) Page 7 - Council Agenda htto: /\vw\v.chulavistaca.gov March 18. 2008 OTHER BUSINESS 12. CITY MANAGER'S REPORTS 13. MAYOR'S REPORTS 14. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957. 7). 15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Assessor No. 644070100 Negotiating Parties: Curt Noland, Jim Sandoval, Ann Moore Under Negotiation: Price and Terms 16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Doss. Angela v. City ofChula Vist!!, San Diego Superior Court, Case No. GIS286l6 Dearma Mory. et al. v. City of Chula Vista. et aI., United States District Court, Case No. 06 CV 1460 JAH(BLM) Dearma Mory. et al. v. City of Chula Vista. et aI., United States District Court, Case No. 07-CV-0462 JLS (BLM) 17. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Attorney ADJOURNMENT to the Regular Meeting of April 1, 2008 at 4:00 p.m. in the Council Chambers. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity or service, request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the City Clerk for specific information at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is also available for the hearing impaired. Page 8 - Council Agenda bttQ: /\v\vw.chulavistaca.gov MaTch 18, 2008 ~v~ -.- . - --- ~ --- - - --::.. Councilmember Steve Castaneda City Of Chula Vista 276 Fourth Avenue Chula Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO CllY OF CHUIA VISfA Tuesday, March 11, 2008 TO: Mayor and City Councilmembers RE: City Manager, City Clerk, City Attorney Councilmember Steve CastanedY Absence from Office cc: FROM: Please excuse my absence, due to urgent personal matters, from the City Council Meeting of March 11, 2008. Thank you. I-A REer.'Vi7L 1 ~ '- \ ,i._ '08 MAR 11 1\10 :12 C\1)' OF CHULA Y!;:; Ii CIT'! CLERK'S Or- r- iCL Juan Celaya 963 'l2 4th Ave Chula Vista, CA 91911 619-691-6272 Today March 11, 2008 I am writing this letter this letter because I can no longer serve my city as a Human Relations Commissioner for the City of Chula Vista due to my health. I will no longer attend any more meetings as a commissioner. Thank you very much for letting me serve my city for many years. Thank you, 9r~ I / '- R Qv~ I-B ORDlNANCE NO. NO f>.OOPiION o REf>.OING F\ ORDlNANCE OF THE CITY OF CHULA ~It~ ACCEPTlNG THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE REPORT (TF-358) PREPARED BY STAFF AND ESTABLISHlNG A WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM TO MITIGATE TRANSPORTATION IMPACTS WITHlN "WESTERN CHULA VISTA EXCLUDlNG PROJECTS - I-5-17, STM-36l, RAS-15, BP-5, I-805-2, RAS-17, BP-4, BP-2, AND OR-4 WHEREAS, the adoption of the City's General plan indicated that future growth was going to occur in the City west ofI-805; and WHEREAS, the traffic studies for the City's General Plan and the Urban Core Specific Plan show the City's transportation network will be impacted by new development within the western portion of the City unless new transportation facilities are added to acco=odate the new development; and WHEREAS, since January 1987, the City has had a program in place for the collection of a transportation development impact fee for the fmancing of street improvements in the area east of Interstate 805. WHEREAS, the Engineer's Report establishes that the transportation facilities necessitated by development within the western portion of the City comprise an integrated network; and WHEREAS, the Western Transportation Development Impact Fee is solely based upon that portion of the project costs which are attributable to new development; and WHEREAS, on March 4, 2008, the City Council of the City of Chula Vista held a duly noticed public hearing at which oral or written presentations regarding the Western Transportation Development Impact Fee could be made; and WHEREAS, pursuant to the Municipal Code and California Government Code Sections 66000, - et.seq., the City Council has accepted a report entitled "Engineer's Report for the W estem Transportation Development Impact Fee" ("Engineer's Report") dated February, 2008 that analyzed the Western Transportation Development Impact Fee necessary to fund transportation facilities needed to serve future development within the western portion of the City; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA; and WHEREAS, the City Council of the City of Chula Vista is placing this ordinance on its first reading which will establish a development impact fee per equivalent dwelling unit (EDU) to finance transportation facilities within the western portion of the City of Chula Vista; and 2-1 ORD#1 WHEREAS, pursuant to Government Code Section 66017(a), the fees proposed by this ordinance will not become effective until sixty (60) days after its first reading; and NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista does hereby adopt Chapter 3.55 of the Chula Vista Municipal Code relating to transportation development impact fees to pay for various transportation facilities located on the westside of the City as follows: SECTION 1: Findings The City Council finds, after consideration of the evidence presented to it including the "Engineer's Report for the Western Transportation Development Impact Fee" dated February, 2008, that the creation of a transportation development impact fee is necessary in order to assure that there are sufficient funds available to finance the transportation facilities necessary to serve development west ofI-805;and The City Council finds that new development within the western portion of the City of Chula Vista should be required to mitigate the burden created by development through the construction of transportation facilities; and . The City Council fmds, based on the evidence presented at the public hearing, and consistent with the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all development within the western portion of the City of Chula Vista for which building permits have not been issued is necessary in order to protect the public health, safety and welfare by providing for the public transportation facilities to assure effective implementation of the City's General Plan; and The City Council fmds that the amount of the proposed fees levied by this ordinance does not exceed the estimated cost of providing the transportation facilities. SECTION 2: Chapter 3.55 of the Chula Vista Municipal Code is hereby adopted and shall read as follows: 3.55.010 General intent. The City's General Plan Land Use and Transportation Element requires that adequate public facilities be available to accommodate increased population created by new development within the City of Chula Vista. The City Council has determined that new development will create adverse impacts on the City's existing public transportation facilities which must be mitigated by the financing and construction of certain public transportation facilities which are the subj ect of this chapter. New development contributes to the cumulative burden on these public transportation facilities in direct relationship to the amount of vehicular traffic and population generated by the development or the gross acreage of the commercial or industrial land in the development. The City Council has determined that a reasonable means of financing the public transportation facilities is to charge a fee on all developments within the western portion of the City. imposition of the Western Transportation Development Impact Fee on all new development for which building 2-2 permits have not yet been issued is necessary in order to protect the public health, safety and welfare, thereby ensuring effective implementation of the City's General Plan. 3.55.020 Definitions. F or the purposes of this chapter, the following wor~ or phrases shall be construed as defined herein, unless from the context it appears that a different meaning is intended. A. "Building permit" means a permit required by and issued pursuant to the Uniform Building Code. B. "City Engineer" means the City Engineer, the City Engineer's designee or the City Manager's designee. C. "Density" means dwelling units per gross acre identified for each planning area shown on the approved tentative map or approved tentative parcel map or as determined by the City Manager's designee. D. "Developer" means the owner or developer of a development. E. "Development permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. F. "Development projecf' or "development" means any activity described as the following: 1, Any new residential dwelling unit developed on vacant land; 2. Any new commercialloffice or industrial development constructed on vacant land; 3. Any expansions to established developments or new developments on nonvacant land in those land use categories listed in subsections (F)(l) and (2) of this section, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase; 4. Any new or expanding special land use project; 5. Any special purpose project developed on vacant land or nonvacant land, or expanded within a pre-existing site, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase; 6. Any other development project not listed above but described in Section 65927 and 65928 of the State Gove=ent Code. "Community purpose facility" means a facility which serves one of the following purposes: 1. Social service activities, including such services as Boy Scouts and Girl Scouts, Boys and Girls Club, Alcoholics Anonymous and services for the homeless; 2. Public schools; 3. Private schools; 4. Day care; 5. Senior care and recreation; 6. Worship, spiritual growth and development. H. "Western portion of the City of Chula Vista" generally means that area of the City located between the City boundary on the west, Interstate 805 on the east, the City boundary on the north and the City's boundary on the south, as shown on the map entitled "Figure 1" of the Engineering study. L "Engineering study" and "Engineer' s Report" means the Engineer's Report for the Western Transportation Development Impact Fee dated February, 2008 and prepared by City staff on file in the Office of the City Clerk. J. "Regional Arterial System" (RAS) RAS roadways are generally described as those facilities that act as a critical link in providing direct connections between communities 2nSirring system continuity and congestion relief in high i"'IO!"'\.u. ~ volume corridors. They are roadways that are listed in the most recent edition of SANDAG' s Regional Transportation Plan K. "Special land use" means any nonresidential, non-commercial! office or nonindustrial development project (e.g., Olympic Training Center, hospitals, utilities), or non-special purpose project. 1. "Special purpose project" means any for-profit community purpose facility (e.g., day care). 3.55.030 Public transportation facilities to be financed bv the fee. A. The public transportation facilities ("facilities") which are the subject matter of the fee, are listed below as detailed in subsection C of this section and in the Engineer's Report on file in the Office of the City Clerk. B. The City Council may modify or amend the list of projects in order to maintain compliance with the circulation element of the City's General Plan. C. The facilities are as follows: 1. (1-5-1) 1-5IE Street NB off-ramp restriping add lane 2. (1-5-2) 1-5IE StreetlBay Blvd SB off-ramp restriping add lane 3. (1-5-3) 1-5/NB ramp widening at E, H, J, Ind., Palomar & Main Sts 4. (I-54) E Street bridge widening over 1-5 5. (1-5-5) F Street bridge widening over 1-5 6. (1-5-6) I-SIR Street NB off-ramp restriping add lane 7. (1-5-7) I-SIR Street SB off-ramp restriping add lane 8. (1-5-8) H Street bridge widening over 1-5 9. (1-5-9) 1-5/J Street NB off-ramp restriping add lane 10. (1-5-10) 1-5/J Street undercrossing widening add EB-NB 11. (1-5-11) L Street bridge widening over 1-5 (srw for peds) 12. (1-5-12) 1-5/Bay Blvd (south ofL St.) SB on/off ramps traffic signal 13. (1-5-13) 1-5/Industrial Blvd NB on/off ramps traffic signal 14. (1-5-14) 1-5/Palomar Street bridge widening 15. (1-5-15) I-5/Main Street NB on/off ramps traffic signal 16. (1-5-16) 1-5/Main Street bridge widening 2-4 Interstate-805 Improvements 17. (I-80S-I) NB on-ramp widening & metering at Bonita, East H St (EB-NB), Telegraph Canyon Road (project 1-805-1 is 100% funded in 2006 RTIP with State funds.) State Route 54 Improvements 18. (SR-54-1) SR-54 "WE off-ramp restripe at Broadway 19. (SR-54-2) SR-54 EB off-ramp atN. Fourth Avenue - add ramp lane Regilonal Arterial System (RAS) Projects 20. (RAS-I) Bonita Road from First Avenue to I-80S 21. (RAS-2) Broadway from C Street to south of Main Street (City Limits) 22. (RAS-3) E Street improvements - First Ave to Bonita RoadIE. Flower St 23. (RAS-4) E Street improvements, 1-5 to 300' east ofNB ramp 24. (RAS-5) E Street LRT grade separation (underpass LRT option) 25. (RAS-6) H Street LRT grade separation (underpass LRT option) 26. (RAS-7) H Street at Broadway EB queue jumper lane & traffic signal modifications 27. (RAS-8) H Street 14'-wide median & street light improvements 28. (RAS-9) H Street widening to 6-lanes from Interstate-5 to Broadway 29. (RAS-I0) H Street improvements from Second Ave to Hilltop Drive (RAS-ll) East H St. north side improvements from Hilltop Dr. to 1-805 (RAS-12) L StreetlBay Blvd traffic signal & add turn lanes (RAS-l3) L Street improvements south side west of Industrial Blvd (RAS-14) Telegraph Canyon Road at 1-805 south side sidewalk (RAS-16) Palomar Street improvements from 1-5 to 1-805 (RAS-18) H St/4th Ave add WB-NB & EB-SB right turn lanes (RAS-19) H St/4th Ave add WB-NB & EB-SB right turn lanes 2-5 General Plan Impacts and Mitigations (GP-l) E. St. from Marina Parkway to 1-5 (GP-2) Marina Parkway from E St. to J St. (GP-3) L St. from Hilltop Drive to I-80S Parkway (GP-4) Main St. from 1-5 to Broadway (GP-5) Main St. from Broadway to Hilltop Dr. (GP-6) Third Avenue from L St. to Palomar St. (GP-7) H St. from Marina Parkway to 1-5 (GP-8) J St. from Marina Parkway to 1-5 Bicycle & Pedestrian Facilities Improvements (21 % WTDIF share per GPU) (BP-l) Bayshore Bikeway (bike path) between E Street & F Streets (BP-3) Industrial Blvd improvements & bike lanes from L St. to Main Street (BP-6) Develop bicycle paths & pedestrian access to Third Avenue Midbayfront Local Coastal Program Roadways (Mid-I) E Street restripe to add EB-NB dual left turn to NB 1-5 on-ramp. (Mid-2) I-5/E St. SB off-ramp widening to add fourth lane (Mid-3) Bay Blvd 15' widening along Westerly Curb Line at E St. approach for ISB/3NB (Mid-4) I-5/E St. NB widen off-ramp to add 3rd lane for Right Turn only lane (Mid-5) E St revisions to median and North Curb Line east ofI-5 to add 3rd WE lane. (Mid-6) Marina Parkway 4-lane from E St. to J St. (Mid-7) E St./W oodlawn Ave EB-SB RT lane plus a Traffic Signal (Mid-8) E St at Broadway add WE & EB LT lane + WB & EB RT only lane plus a Traffic Signal & No R/W costs. (Mid-9) F StlBroadway restriping to provide EB-SB & WB-NB RT lane (Mid-IO) H Street wide:ning at Broadway for WB Thru & EB Thru & RT only. 2-6 Other Roadways (OR-I) N. 4th Avenue/Brisbane Ave traffic signal modifications (OR-2) Second AvenuelD Street all-way stop installation 3.55.040 Territory to which fee alllllicable. The area of the City of Chula Vista to which the fee herein established shall be applicable is the territorial limits of the western portion of the City ofChula Vista ("territory") as defined above, as they may from time to time be amended. 3.55.050 Establishment of a fee. A development impact fee ("fee") is hereby established to pay for the facilities within the territory. The fee shall be paid upon the issuance of building permits for each development project within the western portion of the City of Chula Vista. The WTDIF fee in the amounts set forth in CYMC 3.55.030 is hereby established to pay for transportation improvements and facilities within the western portion of the City of Chula Vista. 3.55.060 Determination of fees bv land use category. A. For purposes of this fee, single-family dwelling units shall include single- family detached homes and detached condominiums; multifamily dwelling units shall include attached condominiums, townhouses, duplexes, triplexes, and apartments. The density of the development type shall be based on the number of dwelling units per gross acre for single-family or multifamily residential and shall be based upon the densities identified on the approved tentative map or approved tentative parcel map entitling the development unless otherwise approved in writing by the City Manager's designee. B. Commercial/office and industrial development projects shall be charged on a per acre or per square footage basis. For purposes of this fee, gross acreage and lor square footage as it applies to the commercial, industrial and office development types, means all land area that the City Manager's designee deems necessary within the boundary of the parcel or parcels of the development proj ect for which building permits are being requested. C. The fee multiplied by the total number of dwelling units, square footage or acres within a given development project represents a developer's fair share ("fair share") for that development project. 3.55.070 Time to deten:niJJe amount due. The fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time, and not when the tentative map or final map were granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. No building permit shall be issued unless the development impact fee is paid. The fees shall be deposited into a WTDIF fund, which is hereby created, and shall be expended only for the purposes set forth in this chapter. The Director of Finance is authorized to establish various accounts within the fund for the various improvements and facilities identified in this chapter and to periodically make expenditures from the fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. The City Council finds that collection of the fees established by this cha~llt the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for those facilities and to ensure certainty in the capital facilities budgeting for the western part of the City. 3.55.080 PUrDose and use of fee. The fees collected shall be used by the City for the following purposes as determined by the City Council: 1. To pay for the construction of facilities by the City, or to reimburse the City for facilities installed by the City with funds from other sources. 2. To reimburse developers who have been required by CVMC3.55.150 A to install improvements that are major streets and are listed in CVMC 3.55.030. 3. To reimburse developers who have been permitted to install improvements pursuantto CVMC 3.55.150 B. 3.55.090 Amount of fee. A. The fee shall be the amounts as set forth below in Table 1. The fee shall be adjusted on July I of each year beginning in 2009. The annual inflation adjustment will be 2 % or based on Caltrans highway construction cost index, whichever is higher. The program collects 2% of the total improvement cost estimate for staff administration and an additional I % for SANDAG Administrative costs. B. Adjustments of the fee based upon the annual inflation adjustment or the Caltrans Highway Construction Cost Index shall be automatic and shall not require further action by the City Council. The WTDIF may also be reviewed and amended by the City Council as necessary based on changes in the type, size, location or cost of the facilities to be financed by the fee; changes in land use designation in the City's General Plan; and upon other sound engineering, financing and planning information. 2-8 Prollosed TDIF Fee lIer EDU: I $3,243.00 Land Use Classification I EDUs I TDIF Rate RESIDENTIAL Residential (LO W) 0-6 dwelling units ner acre I oer EDU $3,2431 DU Residential (MED) 6.1 To 20 dwelling units lIer acre .8 per EDU $2,5941 DU Residential (HIGH) Over 20 dwelling units lIer acre .6 per EDU $1,9461 DU Mobile Home .5 per EDU $1,6221 DU COMMERCIAL Contain 1-5 major dept. stores & usually have more than 50 tenants. Typically larger than 40 Re~ional Co=ercial acres. 20EDU/Acre $64,860 I Acre Smaller in that size than regional. Contain junior Dept. Store or variety Store,( Le. Target Center with other co=ercial stores)as a major tenant and have 15 to 50 other tenants. Smaller in size, Co=unitv Co=ercial 8-20 acres. 28EDU/Acre $90,804/Acre N el ahborhood Co=erclal Less than 10 acres. Includes supermarket and drua store. Mav include office sllaces. 48 EDU/ Acre $155,6641 Acre Neighborhood Co=ercial Same as above but in Souare Footaae 4.8 EDU/KSF $15,664/KSF Commercial activities found along major streets, Inot in a planned center with limited on-site Street Front Commercial "arkina. 16EDU/Acre $51,888/Acre Retail Co=ercial Soeoialtv Retail/Stri" Co=ercial 16EDU/Acre $S1,888/KSF Usually located near transportation facilities. Structures are usually large and cover majority of ~e parcel. Examples are clothing and supply, Who lesale Trade also includes swa" meet areas. 24 EDU/ Acre $77,832/Acre OFFICE Hi <ili Rise Office More than 100,000 S.F. and 6+ Stories 60EDU/Acre $194,580 I Acre Low Rise Office < 6 Stories 30 EDU/Acre $97,290/Acre Low Rise Office (in thousands < 6 Stories of souare feet) 2EDUIKSF $6,486 I KSF Medical Office Medical and Dental Facilities 50 EDU/ Acre $162,1501 Acre T ODGING ow Rise HotellMotel < 4 Stories 20EDU/Acre $64,860 I Acre u...ow Rise Hotel or Motel < 4 Stories I EDU/Room $3,243 I Room {igh Rise Hotel >=4 Stories 30/EDU/Acre $97,290/Acre INDUSTRY Shipbuilding, airframe, and aircraft manufacturing. Usually located next to transportation facilities and co=ercial areas. Heavv Industry Parcels are tvnlcally 20-50 Acre. 12EDU/Acre $38,916/ Acre Usually large buildings located near freeways, $19,458iAcre Warehouse IStorage industrial or stri" co=ercial areas. 6 EDU/ Acre Office/industrial uses clustered into a center. The rimari uses are industrial by may inciude high oercentages of other uses in service or retail Industrial Park activities. 9EDU/Acre $29,187/Acre All other industrial uses and manufacturing not Light Industrial included in cateaories abov2 - 9 20EDU/Acre $64,860 I Acre Table 1 PROPOSED WTDIF FEE PER LAND USE CLASSIFICATION 3.55.100 Develooment pfojects exemnt from the fee. A. Development projects by public agencies shall be exempt from the provisions of the fee if those projects are designed to provide the public service for which the agency is charged ("public purpose"). B. Community purpose facilities which are not operated for profit ("nonprofit co=unity purpose facilities") are also exempt inasmuch as these institutions provide benefit to the community as a whole, including all land use categories which are the subject matter of the fee. The City Council hereby determines that it is appropriate to spread any impact such nonprofit community purpose facilities might have to the other land use categories subj ect to the fee. In the event that a court determines that the exemption herein extended to co=unity purpose facilities shall for any reason be invalid, the City Council hereby allocates the nonprofit community purpose facilities' fair share to the City of Chula Vista and not to any of the land use categories which are the subject matter of the development impact land use categories. C. Development projects which are additions or expansions to existing dwelling units or businesses, except special land use projects, shall be exempt if the addition or expansion does not result in a net increase in dwelling units or commercial/industrial acreage. 3.55.110 Authority fOf accountinl! and expenditures. A. The fees collected shall be deposited into a Western Transportation Development Impact Fee financing fund ("WTDIF fee fund," or "fund"), which is hereby created and shall be expended only for the purposes set forth in this chapter. B. The director of finance is authorized to establish a single fund for the various facilities identified in this chapter and to periodically make expenditures from the fund for the purposes set forth herein. 3.55.120 Findinl!s. The City Council finds that: A. Collection of the fee established by this chapter at the time of the building permit issuance is necessary to provide funds for the transportation facilities identified in CYMC 3.55.030 and to ensure certainty in the capital facilities budgeting for growth impacted public transportation facilities; and B. The purpose of the Fees hereby enacted prevents new development from reducing the quality and availability of public transportation infrastructure facilities provided to residents of the City by requiring new development to contribute to the cost of additional capital transportation infrastructure improvements needed to meet the growth generated by such development; and C. The revenue from the fees hereby enacted will be used to construct public facilities and infrastructure and pay for other capital expenditures needed to . serve new development as identified in the Engineer's Report dated February, 2008; and D. Based on analysis presented in the Engineer's Report there is a reasonable relationship between 1. The use of the fees and the types of development projects on which they are imposed and 2. The need for facilities and the types of development proj ects on which the fees are imposed. 3. The amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. 2-10 3.55.130 Fee additional to other fees and char!!:es. This fee is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments 3.55.150 DevelolDer construction of translDortation facilities. A. Whenever a developer of a development project would be required by application of City law or policy, as a condition of approval of a development permit to construct or finance the construction of a portion of a transportation facility identified in Section 3.55.030 the City Council may impose an additional requirement that the developer install the improvements with suppl=ental size, length or capacity in order to ensure efficient and timely construction of the transportation facilities network. If such a requirement is imposed, the City Council shall, in its discretion, enter into a reimbursement agreement with the developer, or give a credit against the fee otherwise levied by this chapter on the development project, or some combination thereof. B. Whenever a developer requests reimbursement, or a credit against fees, for work to be done or paid for by the developer under subsection (A) of this section, the request shall be submitted in writing to the City Manager's designee. 1. The request shall contain a description of the project with a detailed cost estimate which itemizes those costs of the construction attributable to the transportation facility project and excludes any work attributable to a specific subdivision project. The estimate is preliminary and the amount of reimbursement or credit against fees is subject to final determination by the City Manager's designee. Additional information shall be provided to the City by the developer upon request of the City. 2. Such reimbursement or credit against fees shall be subject to the following conditions: a. Requirements of Developer. i. Preparation of plans and specifications for approval by the City; ii. Secure and dedicate any right-of-way required for tL'J.e transportation facility project; iii. Secure all required permits and environmental clearances necessary for the transportation facility project; iv. Provision of performance bonds (where the developer intends to utilize provisions for immediate credit, the performance bond shall be for 100 percent of the value of the transportation facility project); v. Payment of all City fees and costs. b. The City will not be responsible for any of the costs of constructing the transportation facility project. The developer shall advance all necessary funds to construct the transportation facility proj ect. c. The developer shall secure at least three qualified bids for work to be done and shall award the construction contract to the lowest qualified bidder. The developer may combine the construction of the transportation facility project with other development-related work and award one construction contract for the combined work based on a clearly identified process for determining the low bidder, all as approved by the City Manager's designee. Should the construction contract be awarded to a qualified bidder who did not submit the lowest bid for the transportation facility project portion of the contract, the developer will only receive transportation development impact fee credit based on the lowest bid for the transportation facility portion of the contract. Any claims for additional payment for extra work or charges shall be justified, shall be documented to the satisfaction of the City Manager's designee and 2-11 shall only be reimbursed at the prices for similar work included in the lowest bid for the transportation facility portion of the contract. d. Upon complying with the conditions set forth in subsections (B)(l) and (B)(2)(a) of this section as determined by the City and upon approval of the estimated cost by the City Manager's designee, the developer shall be entitled to immediate credit for 50 percent of the estimated cost of the construction attributable to the transportation facility project. Once the developer has received valid bids for the project which comply with subsection (B)(2)(c) of this section, entered into binding contracts for the construction of the project, and met the conditions set forth in subsections (B)(1) and (B)(2)(a) of this section as determined by the City, all of which have been approved by the City Manager's designee, the amount of the immediate credit shall be increased to 75 percent of the bid amount attributable to the transportation facility project. The immediate credits shall be applied to the developer's obligation to pay transportation development impact fees for building permits issued after the establishment of the credit. The developer shall specify these building permits to which the credit is to be applied at the time the developer submits the building permit applications. e. If the developer uses all of the immediate credit before final completion of the transportation facility project, then the developer may defer payment of development impact fees for other building permits by providing to the City liquid security such as cash.or an irrevocable letter of credit, but not bonds or set-aside letters, in an amount equal to the remaining amount of the estimated cost of the transportation facility project. f. When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the transportation facility proj ect to the City. The City Manager's designee shall make the final determination on expenditures which are eligible for credit or cash reimbursement. g. After final determination of eligible expenditures has been made by the City Manager's designee and the developer has complied with the conditions set forth in subsection (B) of this section, the final amount of transportation development impact fee credits shall be determined by the City Manager's designee. The developer shall receive credit against the deferred fee obligation in an amount equal to the difference between the final expenditure determination and the amount of the 75 percent immediate credit used, if any. The City shall notify the developer of the final deferred fee obligation, and of the amount of the applicable credit. If the amount of the applicable credit is less than the deferred fee obligation, then the developer shall have 30 days to pay the deferred fee. If the deferred fees are not paid within the 30-day period, the City may make a demand against the liquid security and apply the proceeds to the fee obligation. h. At the time building permits are issued for the developer's proj ect, the City will incrementally apply credit which the developer has accrued in lieu of collecting the required transportation development impact fees. The amount of the credit to be applied to each building permit shall be based upon the fee schedule in effect at the time of the building permit issuance. The City Manager's designee shall convert such credit to an EDU basis for residential development and/or a gross acre basis for co=ercial or industrial development for purposes of determining the amount of credit to be applied to each building permit. i. !fthe total eligible construction cost for the transportation facility project is more than the total transportation development impact fees which will be required for. the developer's project, then the amount in excess of development impact fees will be paid in cash when funds are available as determined by the City Manager; a reimbursement agreement will be executed; or the developer may waive reimbursement and use the excess as credit against future transportation development impact fee obijg~1;i9)OS. The City may, in its discretion, enter into an agreement with the developer to convert~x~~s credit into EDU and/or gross acre credits for use against future development impact fee obligations at the fee rate in effect on the date of the agreement. j. The requirements of this subsection (B) of this section may, in the City's discretion, be modified through an agreement between the developer and the City and approved by City Council. C. \X/henever a transportation development impact fee credit is generated by constructing a transportation facility using assessment district or co=unity facilities district financing, the credit shall only be applied to the transportation development impact fee obligations within that district. 3.55.160 Procedure for fee waiver or reduction. A. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the fee imposed' by this chapter is unconstitutional, or unrelated to mitigation of the traffic needs or burdens of the development, may apply to the City Council for a waiver, reduction, or deferral of the fee. A development which is designed and intended as a temporary use (10 years or less) and which is conducted in facilities which are, by their nature, short-term interim facilities such as a portable or modular building (including mobile homes, trailers, etc.) may qualify for a waiver, reduction, or deferral. In addition, a deferral may be granted on the basis of demonstrated economic hardship on the condition that: (1) the use offers a significant public benefit; (2) the amount deferred bears interest at a fair market rate so as to constitute an approximate value equivalent to a cash payment; and (3) the amount deferred is adequately secured by agreement with the applicant. Unless the requirement for timely filing is waived by the City, the application shall be made in writing and filed with the City Clerk not later than 10 days after notice of the public hearing on the development permit application or the project is given, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or reduction. B. The Ciry Council shall consider the application at a public hearing on same, notice of which need not be published other than by description on the agenda of the meeting at which the public hearing is held. Said public hearing should be held within 60 days after its filing. The decision of the City Council shall be final. If a deferral, reduction or waiver is granted, it should be granted pursuant to an agreement with the applicant, and the property owner, if different from the applicant, providing that any change in use within the project shall subject the development to payment of the full fee. The procedure provided by this section is additional to any other procedure authorized by law for protesting or challenging the fee imposed by this chapter. 3.55.170 Exemptions. Development projects by public agencies shall be exempt from the provisions of this fee. Exempt development uses with the following characteristics or activities as a principal use of land, generally described as "co=unity purpose facility" as defined above in CV11C Section 3.55.020. 2-13 3.55.180 Assessment districts. If any assessment or special taxing district is established for any or all of the facilities listed in Section 3.55.030 the owner or developer of a project may apply to the City Council for a credit against the fee in an amount equal to the development's attributable portion of the cost of the authorized improvements as determined by the City Manager's designee, plus incidental costs normally occurring . with a construction project, but excluding costs associated with assessment district proceedings or financing. 3.55.190 Economic incentive credit. The City Council may authorize the City to participate in the financing of transportation facility projects or portions oftran.sportation facility projects as defined in Section 3.55.030 at the time of the appropriation of funds by City Council for the construction of an eligible transportation facility, the . City shall be eligible to receive a credit known hereafter as an economic incentive credit. Such economic incentive credit may be applied to development impact fee obligations for those projects which the City Council determines, in its sole discretion, to be beneficial to the City. The use of the economic incentive credit may be subject to conditions which shall be set forth in a written agreement between the developer of the project and the City and approved by City Council. The City may receive economic incentive credit only for those eligible projects identified in Section 3.55.030 for amounts of funding not identified in the financial and engineering study "Western Transportation Development Impact Fee" report dated February 2008. 3.55.195 Ftmd loans. A. B. Loans by the City. The City may loan funds to the fund to pay for facilities should the fund have insufficient funds to cover the cost of said facility. Said loans, if granted, shall be approved upon the adoption of the annual City budget or upon resolution of the City Council and shall carry interest rates as set by the City Council for each fiscal year. A schedule for repayment of said loans shall be established at the time they are made and approved by the Council, with a maximum term not to exceed the life of the fund. Developer Loans. A developer may loan funds to the City as outlined in CYMC 3.55.150. The City may repay said developer loans with interest, under the terms listed in subsection (A) ofthis section. 3.55.200 Effective date. This chapter shall become effective SECTION 3: Effective Date This Ordinance shall become effective 60 days after its second reading and adoption. Presented by Approved as to form by Jack Griffin Engineering and General Services Director Ann~ - 'Yn.8 ~ City Attorney 2-14 ORDINANCE NO. ~NO {>.OOPi\ON R~O\NG f". ORDJNANCE OF THE CITY OF c~v...c~1ffi:A ACCEPTING THE WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE REPORT (TF-358) PREPARED BY STAFF AND ESTABLISHING . A WESTERN TRANSPORTATION DEVELOPMENT Th1l'ACT FEE PROGRAM TO lYIITIGATE TRANSPORTATION IMPACTS WITHIN WESTERN CHULA VISTA JNCLUDJNG PROJECTS - 1-5-17, STM-36l, RAS-15 AND BP-5 WHEREAS, the adoption of the City's General J?lan indicated that future grovvth was going to occur in the City west ofI-805; and WHEREAS, the traffic studies for the City's General Plan and the Urban Core Specific Plan show the City's transportation network will be impacted by new development within the western portion of the City unless new transportation facilities are added to acco=odate the new development; and WHEREAS, since January 1987, the City has had a program in place for the collection of a transportation development impact fee for the financing of street improvements in the area east of Interstate 805. WHEREAS, the Engineer's Report establishes that the transportation facilities necessitated by development within the western portion of the City comprise an integrated network; and WHEREAS, the Western Transportation Development Impact Fee is solely based upon that portion of the project costs which are attributable to new development; and WHEREAS, on March 4, 2008, the City Council of the City of Chula Vista held a duly noticed public hearing at which oral or written presentations regarding the Western Transportation Development Impact Fee could be made; and WHEREAS, pursuant to the Municipal Code and California Gove=ent Code Sections 66000, et. seq., the City Council has accepted a report entitled "Engineer's Report for the Western Transportation Development Impact Fee" ("Engineer's Report") dated February, 2008 that analyzed the Western Transportation Development Impact Fee necessary to fund transportation facilities needed to serve future development within the western portion of the City; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defmed under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA; and WHEREAS, the City Council of the City of Chula Vista is placing this ordinance on its first reading which will establish a development impact fee per equivalent dwelling unit (EDU) to finance transportation facilities within the western portion of the City of Chula Vista; and 2-15 ORD#2 WHEREAS, pursuant to Government Code Section 66017(a), the fees proposed by this ordinance will not become effective until sixty (60) days after its first reading; and NOW, THEREFORE BE IT ORDAINED, thai: the City Council of the City of Chula Vista does hereby adopt Chapter 3.55 of the Chula Vista Municipal Code relating to transportation development impact fees to pay for various transportation facilities located on the westside of the City as follows: SECTION 1: Findings The City Council finds, after consideration of the evidence presented to it including the "Engineer's Report for the Western Transportation Development Impact Fee" dated February, 2008, that the creation of a transportation development impact fee is necessary in order to assure that there are sufficient funds available to finance the transportation facilities necessary to serve development west ofI-805; and The City Council finds that new development within the western portion of the City of Chula Vista should be required to mitigate the burden created by development through the construction of transportation facilities; and The City Council finds, based on the evidence presented at the public hearing, and consistent with the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all development within the western portion of the City of Chula Vista for which building permits have not been issued is necessary in order to protect the public health, safety and welfare by providing for the public transportation facilities to assure effective implementation of the City's General Plan; and The City Council finds that the amount of the proposed fees levied by this ordinance does not exceed the estimated cost of providing the transportation facilities. SECTION 2: Chapter 3.55 of the Chula Vista Municipal Code is hereby adopted and shall read as follows: 3.55.010 General intent. The City's General Plan Land Use and Transportation Element requires that adequate public facilities be available to acco=odate increased population created by new development within the City of Chula Vista. The City Council has determined that new development will create adverse impacts on the City's existing public transportation facilities which must be mitigated by the financing and construction of certain public transportation facilities which are the subject of this chapter. New development contributes to the cumulative burden on these public transportation facilities in direct relationship to the amount of vehicular traffic and population generated by the development or the gross acreage of the co=ercial or industrial land in the development. The City Council has determined that a reasonable means of financing the public transportation facilities is to charge a fee on all developments within the western portion of the City. imposition of the Western Transportation Development Impact Fee on all new development for which building 2-16 permits have not yet been issued is necessary in order to protect the public health, safety and welfare, thereby ensuring effective implementation of the City's General Plan. 3.55.020 Definitions. For the purposes of this chapter, the following words or phrases shall be construed as defined herein, unless from the context it appears that a different meaning is intended. A. "Building permit" means a permit required by and issued pursuant to the Uniform Building Code. B. "City Engineer" means the City Engineer, the City Engineer's designee or the City Manager's designee. C. "Density" means dwelling units per gross acre identified for each planning area shown on the approved tentative map or approved tentative parcel map or as determined by the City Manager's designee. D. "Developer" means the owner or developer of a development. E. "Development permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. . F. "Development project" or "development" means any activity described as the following: 1. Arly new residential dwelling unit developed on vacant land; 2. Arly new connercialloffice or industrial development constructed on vacant land; 3. Arly expansions to established developments or new developments on nonvacant land in those land use categories listed in subsections (F)( 1) and (2) of this section, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase; 4. Arly new or expanding special land use project; 5. Arly special purpose proj ect developed on vacant land or nonvacant land, or expanded within a pre-existing site, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase; 6. Arly other development project not listed above but described in Section 65927 and 65928 of the State Government Code. "Connunity purpose facility" means a facility which serves one of the following purposes: 1. Social service activities, including such services as Boy Scouts and Girl Scouts, Boys and Girls Club, Alcoholics Arlonymous and services for the homeless; 2. Public schools; 3. Private schools; 4. Day care; 5. Senior care and recreation; 6. Worship, spiritual growth and development. H. "Western portion of the City of Chula Vista" generally means that area of the City located between the City boundary on the west, Interstate 805 on the east, the City boundary on the north and the City's boundary on the south, as shown on the map entitled "Figure 1" of the Engineering study. 1. "Engineering study" and "Engineer's Report" means the Engineer's Report for the Western Transportation Development Impact Fee dated February, 2008 and prepared by City staff on file in the Office of the City Clerk. J. "Regional Arterial System" (RAS) RAS roadways are generally described as those facilities that act as a critical link in providing direct connections between co=unities i~g system continuity and congestion relief in high OROll2 volume corridors. They are roadways that are listed in the most recent edition of SANDAG's Regional Transportation Plan K. "Special land use" means any nomesidential, non-coIilmercialJoffice or nonindustrial development project (e.g., Olympic Training Center, hospitals, utilities), or non-special purpose proj ect. 1. "Special purpose project" means any for-profit co=unity purpose facility (e.g., day care). 3.55.030 Public transDortation facilities to be financed bv the fee. A. The public transportation facilities ("facilities") which are the subj ect matter of the fee, are listed below as detailed in subsection C of this section and in the Engineer's Report on file in the Office of the City Clerk. B. The City Council may modify or amend the list of projects in order to maintain compliance with the circulation element of the City's General Plan. C. The facilities are as follows: 1. (1-5-1) 1-5/E Str"et NB off-ramp restriping add lane 2. (1-5-2) 1-5/E Street/Bay Blvd SB off-ramp restriping add lane 3. (1-5-3) 1-5/NB ramp widening at E, H, J, Ind., Palomar & Main Sts (21 %) 4. (1-5-4) E Street bridge widening over 1-5 (250' X 20' X $350/sf) 5. (1-5-5) F Street bridge widening over 1-5 (250' X 20' X $3501sf 6. (1-5-6) I-5/H Street NB off-ramp restriping add lane 7. (I-5-7) I"5/H Street SB off-ramp restriping add lane 8. (1-5-8) H Street bridge widening over 1-5 (200'X40'X$350/sf) 9. (1-5-9) I-5/J Street NB off-ramp restriping add lane 10. (I-5-10) I-5/J Street undercrossing widening add EB-NB (175x20X$350) 11. (I-5-Il) L Street bridge widening over 1-5 (S/W for peds 300' X 12')(21 %) 12. (1-5-12) 1-5/Bay Blvd (south ofL St.) SB on/off ramps traffic signal 13. (I-5-13) 1-5/Industrial Blvd NB on/off ramps traffic signal 14. (I-5-l4) I-5/Palomar Street bridge widening (275lfX 50lfX $350/sf) 15. (I-5-15) I-5/Main Street NB on/off ramps traffic signal (CV share $120k) 16. (I-5-16) 1-5/Main Street bridge widening (275lfX 20liX $350/sf) 17. (1-5-17) 1-5 HOV & Managed Lanesfrom SR905 to SR54 (63.4% in 0) 18. STM 361 2-18 ORD#2 a. 1-5 Multi-Modal Corridor Study (80% Fed. DEMO funds) b. (SANDAG cost estimate is $4.3M & CV share TBD.) Interstate-805 Improvements 19. (I-80S-I) NB on-ramp widening & metering at Bonita, East H St (EB-NB), Telegraph Canyon Road (Project 1-805-1 is 100% funded in 2006 RTIP with State funds.) State Route 54 Improvements 20. (SR-54-1) SR-54 VIE off-ramp restripe at Broadway 21. (SR-54-2) SR-54 EB off-ramp at N. Fourth Avenue - add ramp lane Regional Arterial System (RAS) Projects 22. (RAS-1) Bonita Road from First Avenue to 1-805 23. (RAS-2) Broadway from C Street to south of Main Street (City Limits) 24. (RAS-3) E Street improvements - First Ave to Bonita RoadiE. Flower St 25. (RAS-4) E Street improvements, 1-5 to 300' east ofNE ramp 26. (RAS-5) E Street LRT grade separation (underpass LRT option) 27. (RAS-6) H Street LRT grade separation (underpass LRT option) 28. (RAS-7) H Street at Broadway EB queue jumper lane & traffic signal modifications 29. (RAS-8) H Street 14' -wide median & street light improvements (same as RAS-9) 30. (RAS-9) H Street widening to 6-lanes from Interstate-5 to Broadway 31. (RAS-10) H Street improvements from Second Ave to Hilltop Drive 32. (RAS-11) East H St. north side improvements from Hilltop Dr. to I-80S 33. (RAS-12) L Street/Bay Blvd traffic signal & add turn lanes 34. (RAS-13) L Street improvements south side west of Industrial Blvd 35. (RAS-14) Telegraph Canyon Road at I-80S south side sidewalk 36. (BAS-I5) Orange A venue from Palomar Street to Hilltop Drive 37. (RAS-I6) Palomar Street improvements from 1-5 to I-80S 38. (RAS-18) H St/4th Ave add VIE-NB & EB-SB right turn lanes 2-19 ORD # 2 39. (RAS-19) H St/4th Ave add WB-NB & EB-SB right turn lanes General Plan Impacts and Mitigations 40. (GP-1) E. St. from Marina to I-5 41. (GP-2) Marina Parkway from E-J St. 42. (GP-3) L St. from Hilltop to I-805 43. (GP-4) Main St. from I-5 to Broadway 44. (GP-5) Main St. from Broadway to Hilltop Dr. 45. (GP-6) Third Avenue from L St. to Palomar St. 46. (GP-?) H St. from Marina to I-5 47. (GP-8) J St. from Marina to I-5 Bicycle & Pedestrian Facilities Improvements (21 % WTDJ1i' share per GPU) 48. (BP-1) Bayshore Bikeway (bike path) between E Street & F Streets 49. (BP-3) Industrial Blvd improvements & bike lanes from L St. to Main Street 50. (lJP-5) Orange Ave. bike lanes from Palomar Sf. to Hilltop Drive 51. (BP-6) Develop bicycle paths & pedestrian access to Third Avenue Midbayfront Local Coastal Program Roadways 52. (Mid-I) E Street restripe to add EB-NB dual left turn to NB I-5 on-ramp. 53. (Mid-2) I-5/E St. SB off-ramp widening to add fourth lane 54. (Mid-3) Bay Blvd 15' widening along Westerly Curb Line at E St. approach for lSB/3NB 55. (Mid-4) I-5/E St. NB 'N'iden off-ramp to add 3rd lane for Right Tum only lane 56. (Mid-5) E St revisions to median and North Curb Line east of I-5 to add 3rd WE lane. 57. (Mid-6) Marina Parkway 4-lane from E St. to J St. 58. (Mid-7) E St./Woodlawn Ave EB-SB RT lane plus a Traffic Signal) 59. (Mid-8) E St. at Broadway add WE & EB L T lane + WB & EB RT only lane. plus a Traffic Signal & No RIW costs. 60. (Mid-9) F StlBroadway restriping to p~ EB-SB & WB-NB RT lane 61. (1vfid-IO) H Street widening at Broadway for VVB Thru & EB Thru & RT only. Other Roadways 62. (OR-I) N. 4th Avenue/Brisbane Ave traffic signal modifications 63. (OR-2) Second AvenuelD Street all-way stop installation 3.55.040 Territorv to which fee annlicable. The area of the City of Chula Vista to which the fee herein established shall be applicable is the territorial limits of the western portion of the City of Chula Vista ("territory") as defined above, as they may from time to time be amended. 3.55.050 Establishment of a fee. A development impact fee ("fee") is hereby established to pay for the facilities within the territory. The fee shall be paid upon the issuance ofbuilding permits for each development project within the western portion of the City of Chula Vista. The WIDIF fee in the amounts set forth in CVMC 3.55.030 is hereby established to pay for transportation improvements and facilities within the western portion of the City of Chula Vista. 3.55.060 Determination of fees bv land use catel!:orv. A. F or purposes of this fee, single-family dwelling units shall include single- family detached homes and detached condominiums; multifamily dwelling units shall include attached condominiums, townhouses, duplexes, triplexes, and apartments. The density of the development type shall be based on the number of dwelling units per gross acre for single-family or multifamily residential and shall be based upon the densities identified on the approved tentative map or approved tentative parcel map entitling the development unless otherwise approved in writing by the City Manager's designee. B. Co=ercialloffice and industrial development projects shall be charged on a per acre or per square footage basis. For purposes of this fee, gross acreage and lor square footage as it applies to the co=ercial, industrial and office development types, means all land area that the City Manager's designee deems necessary within the boundary of the parcel or parcels of the development project for which building permits are being requested. C. The fee multiplied by the total number of dwelling units, square footage or acres within a given development project represents a developer's fair share ("fair share'') for that development proj ect. 3.55.070 Time to determine amount due. The fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time, and not when the tentative map or final map were granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. No building permit shall be issued unless the development impact fee is paid. The fees shall be deposited into a WTDIF fund, which is hereby created, and shall be expended only for the purposes set forth in this chapter. The Director of Finance is authorized to establish various accounts within the fund for the various improvements and facilities identified in this chapter and to periodically make expenditures from the fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan ado~~~y the City Council. The City Council finds that collection of the fees established by this chapter at the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for those facilities and to ensure certainty in the capital facilities budgeting for the western part of the City. 2-22 3.55.080 Puroose and use of fee. The fees collected shall be used by the City for the following purposes as determined by the City Council: 1. To pay for the construction of facilities by the City, or to reimburse the City for facilities installed by the City with funds from other sources. 2. To reimburse developers who have been required by CVMC3.55.150 A to install improvements that are major streets and are listed in CVMC 3.55.030. 3. To reimburse developers who have been permitted to install improvements pursuant to CVMC 3.55.150 B. 3.55.090 Amount of fee. A. The fee shall be the amounts as set forth below in Table 1. The fee shall be adjusted on July I of each year beginning in 2009. The annual inflation adjustment will be 2 % or based on Caltrans highway construction cost index, whichever is higher. The program collects 2% of the total improvement cost estimate for staff administration and an additional 1 % for SANDAG Administrative costs. B. Adjustments of the fee based upon the annual inflation adjustment or the Caltrans Highway Construction Cost Index shall be automatic and shall not require. further action by the City Council. The WIDIF may also be reviewed and amended by the City Council as necessary based on changes in the type, size, location or cost of the facilities to be financed by the fee; changes in land use designation in the City's General Plan; and upon other sound engineering, financing and planning information. 2-23 ORD # 2 PraDosed TDIF Fee Der EnU: I $3,243.00 " - " -. . ,.-- "".-,~.. ...., '~""'-~~'_:: """.- " '" . Land' Use Classification' EDUs TDIF Rate RESIDENTIAL Residential (LOW) 0-6 dwellino units per acre 1 Der EDU $3,243 I DU Residential (MED) 6.1 To 20 dwellino units per acre .8 per EDU $2,5941 DU Residential rHTGH) Over 20 dwellino units per acre .6 per EDU $1,946/DU Mobile Home .5 per EDU $1,6221 DU COMMERCIAL Contain 1-5 major dept. stores & usually have IRelrional Commercial more than 50 tenants. Typically larger than 40 acres. 20EDUlAcre $64,860 I Acre Smaller in that size than regional. Contain junior Dept. Store or variety Store,( i.e. Target Center with other commercial stores)as a major tenant and have 15 to 50 other tenants. Smaller in size, Community Commercial 8-20 acres. 28EDU/Acre $90,804 I Acre ~ ei~borhood Commercial Less than 10 acres. Includes supermarket and drug store. Mav include office spaces. 48EDU/Acre $155,664 I Acre ~eiahborhood Commercial Same as above but in Square Footaoe 4.8EDU/KSF $15,664/KSF Commercial activities found along major streets, not in a planned center with limited on-site Street Front Commercial parkina. 16EDU/Acre $S1,888/Acre Ketail Commercial Soecialtv Retail/Stri" Commercial l6EDU/Acre $51,888/KSF Usually located near transportation facilities. Structures are usually large and cover majority of Wholesale Trade the parcel. Examples are clothing and supply, also includes swan meet areas. 24EDU/Acre $77,832/ Acre OFFICE High Rise Office More than 100,000 S.F. and 6+ Stories 60EDU/Acre $194,580 I Acre Low Rise Office < 6 Stories 30EDU/Acre $97,290 I Acre Low Rise Office (in thousands < 6 Stories of square feet) 2EDU/KSF $6,486 I KSF Medical Office Medical and Dental Facilities 50EDU/Acre $162,150 I Acre LODGING LOW Rise HoteVMotel < 4 Stories 20EDU/Acre $64,860 I Acre Low Rise Hotel or Motel < 4 Stories I EDU/Room $3,243 I Room High Rise Hotel >=4 Stories 30/EDU/Acre $97,290 I Acre INDUSTRY Shipbuilding, airframe, and aircraft Imanufacturing. Usually located next to transportation facilities and commercial areas. lHeavy IndustrY IParcels are tvuically 20-50 Acre. 12 EDU/ Acre $38,916/Acre !warehouse IStoraae IV sually large buildings located near freeways, industrial or &trio commercial areas. 6EDU/Acre $19,458 I Acre Office/industrial uses clustered into a center. The primary uses are industrial by may include high percentages of other uses in service or retail Industrial Park activities. 9 EDU/ Acre $29,187/Acre Light Industrial All other industrial uses and manufacturing not included in cate.ories above. 2 - 2 4 20EDU/Acre $64,860 I Acre Table 1 PROPOSED WTDIF FEE PER LAND USE CLASSIFICATION 3.55.100 Development proiects exempt from the fee. A. Development projects by public agencies shall be exempt from the provisions of the fee if those projects are designed to provide the public service for which the agency is charged ("public purpose"). B. Connunity purpose facilities which are not operated for profit ("nonprofit connunity purpose facilities") are also exempt inasmuch as these institutions provide benefit to the co=unity as a whole, including all land use categories which are the subject matter of the fee. The City Council hereby determines that it is appropriate to spread any impact such nonprofit connunity purpose facilities might have to the other land use categories subj ect to the fee. In the event that a court determines that the exemption herein extended to connunity purpose facilities shall for any reason be invalid, the City Council hereby allocates the nonprofit connunity purpose facilities' fair share to the City of Chula Vista and not to any of the land use categories which are the subject matter of the development impact land use categories. C. Development projects which are additions or expansions to existing dwelling units or businesses, except special land use projects, shall be exempt if the addition or expansion does not result in a net increase in dwelling units or connerciallindustrial acreage. 3.55.110 Authority for accountin!! and exnenditures. A. The fees collected shall be deposited into a Western Transportation Development Impact Fee financing fund ("WTDIF fee fund," or "fund"), which is hereby created and shall be expended only for the purposes set forth in this chapter. B. The director of finance is authorized to establish a single fund for the various facilities identified in this chapter and to periodically make expenditures from the fund for the purposes set forth herein. 3.55.120 Findi.n!!s. The City Council finds that: A. Collection of the fee established by this chapter at the time of the building permit issuance is necessary to provide funds for the transportation facilities identified in CYMC 3.55.030 and to ensure certainty in the capital facilities budgeting for growth impacted public transportation facilities; and B. The purpose of the Fees hereby enacted prevents new development from reducing the quality and availability of public transportation infrastructure facilities provided to residents of the City by requiring new development to contribute to the cost of additional capital transportation infrastructure improvements needed to meet the growth generated by such development; and C. The revenue from the fees hereby enacted will be used to construct public facilities and infrastructure and pay for other capital expenditures needed to serve new development as identified in the Engineer's Report dated February, 2008; and D. Based on analysis presented in the Engineer's Report there is a reasonable relationship between 1. The use of the fees and the types of development projects on which they are imposed and 2. The need for facilities and the types of development projects on which the fees are imposed. 3. The amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. 2-25 ORD#2 3.55.130 Fee additional to other fees and chal'2:es. This fee is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments 3.55.150 Develooer construction of transportation facilities. A. Whenever a developer of a development project would be required by application of City law or policy, as a condition of approval of a development permit to construct or finance the construction of a portion of a transportation facility identified in Section 3.55.030 the City Council may impose an additional requirement that the developer install the improvements with supplemental size, length or capacity in order to ensure efficient and timely construction of the transportation facilities network. If such a requirement is imposed, the City Council shall, in its discretion, enter into a reimbursement agreement with the developer, or give a credit against the fee otherwise levied by this chapter on the development project, or some combination thereof. B. Whenever a developer requests reimbursement, or a credit against fees, for work to be done or paid for by the developer under subsection (A) of this section, the request shall be submitted in writing to the City Manager's designee. 1. The request shall contain a description of the project with a detailed cost estimate which itemizes those costs of the construction attributable to the transportation facility project and excludes any work attributable to a specific subdivision project. The estimate is preliminary and the amount of reimbursement or credit against fees is subject to final determination by the City Manager's designee. Additional information shall be provided to the City by the developer upon request of the City. 2. Such reimbursement or credit against fees shall be subject to the following conditions: a Requirements of Developer. i. Preparation of plans and specifications for approval by the City; ii. Secure and dedicate any right-of-way required for the transportation facility project; iii. Secure all required permits and environmental clearances necessary for the transportation facility project; iv. Provision of performance bonds (where the developer intends to utilize provisions for immediate credit, the performance bond shall be for 100 percent of the value of the transportation facility project); v. Payment of all City fees and costs. b. The City will not be responsible for any of the costs of constructing the transportation facility project. The developer shall advance all necessary funds to construct the transportation facility project. c. The developer shall secure at least three qualified bids for work to be done and shall award the construction contract to the lowest qualified bidder. The developer may combine the construction of the transportation facility project with other development-related work and award one construction contract for the combined work based on a clearly identified process for determining the low bidder, all as approved by the City Manager's designee. Should the construction contract be awarded to a qualified bidder .who did not submit the lowest bid for the transportation facility project portion of the contract, the developer will only receive transportation development impact fee credit based on the lowest bid for the transportation facility portion of the contract. Any claims for additional payment for extra work or charges shall be justified, shall be documented to the satisfaction of the City Manager's designee and 2-26 shall only be reimbursed at the prices for similar work included in the lowest bid for the transportation facility portion of the contract. d. Upon complying with the conditions set forth in subsections (B)(l) and (B)(2)(a) of this section as determined by the City and upon approval of the estimated cost by the City Manager's designee, the developer shall be entitled to immediate credit for 50 percent of the estimated cost of the construction attributable to the transportation facility project. Once the developer has received valid bids for the project which comply with subsection (B)(2)(c) of this section, entered into binding contracts for the construction of the project, and met the conditions set forth in subsections (B)(l) and (B)(2)(a) of this section as determined by the City, all of which have been approved by the City Manager's designee, the amount of the immediate credit shall be increased to 75 percent of the bid amount attributable to the transportation facility project. The immediate credits shall be applied to the developer's obligation to pay transportation development impact fees for building permits issued after the establishment of the credit. The developer shall specify these building permits to which the credit is to be applied at the time the developer submits the building permit applications. e. If the developer uses all of the immediate credit before final completion of the transportation facility project, then the developer may defer payment of development impact fees for other building permits by providing to the City liquid security such as cash or an irrevocable letter of credit, but not bonds or set-aside letters, in an amount equal to the re1J1~iT1iT1g amount of the estimated cost of the transportation facility project. f. When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the transportation facility project to the City. The City Manager's designee shall make the final determination on expenditures which are eligible for credit or cash reimbursement. g. After final determination of eligible expenditures has been made by the City Manager's designee and the developer has complied with the conditions set forth in subsection (B) of this section, the final amount of transportation development impact fee credits shall be determined by the City Manager's designee. The developer shall receive credit against the deferred fee obligation in an amount equal to the difference between the final expenditure determination and the amount of the 75 percent immediate credit used, if any. The City shall notify the developer of the final deferred fee obligation, and of the amount of the applicable credit. If the amount of the applicable credit is less than the deferred fee obligation, then the developer shall have 30 days to pay the deferred fee. If the deferred fees are not paid within the 3D-day period, the City may make a demand against the liquid security and apply the proceeds to the fee obligation. h. At the time building permits are issued for the developer's project, the City will incrementally apply credit which the developer has accrued in lieu of collecting the required transportation development impact fees. The amount of the credit. to be applied to each building permit shall be based upon the fee schedule in effect at the time of the building permit issuance. The City Manager's designee shall convert such credit to an EDU basis for residential development and/or a gross acre basis for co=ercial or industrial development for purposes of determining the amount of credit to be applied to each building permit. i. If the total eligible construction cost for the transportation facility proj ect is more than the total transportation development impact fees which will be required for the developer's project, then the amount in excess of development impact fees will be paid in cash when funds are available as determined by the City Manager; a reimbursement agreement will be executed; or the developer may waive reimbursement and use the excess as credit against future transportation development impact fee obligations. The City may, in its discretion, enter into an agreement with the developer to conv~Ness credit into EDU and/or gross acre credits for ORD I! 2 use against future development impact fee obligations at the fee rate in effect on the date of the agreement j. The requirements of this subsection (B) of this section may, in the City's discretion, be modified through an agreement between the developer and the City and approved by City Council. C. Whenever a transportation development impact fee credit is generated by constructing a transportation facility using assessment district or co=unity facilities district financing, the credit shall only be applied to the transportation development impact fee obligations within that district. 3.55.160 Procedure for fee waiver or reduction. A. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the fee imposed by this chapter is unconstitutional, or unrelated to mitigation of the traffic needs or burdens of the development, may apply to the City Council for a waiver, reduction, or deferral of the fee. A development which is designed and intended as a temporary use (10 years or less) and which is conducted in facilities which are, by their nature, short-term interim facilities such as a portable or modular building (including mobile homes, trailers, etc.) may . qualify for a waiver, reduction, or deferral. In addition, a deferral may be granted on the basis of demonstrated economic hardship on the condition that: (1) the use offers a significant public benefit; (2) the amount deferred bears interest at a fair market rate so as to constitute an approximate value equivalent to a cash payment; and (3) the amount deferred is adequately secured by agreement with the applicant. Unless the requirement for timely filing is waived by the City, the application shall be made in writing and filed with the City Clerk not later than 10 days after notice of the public hearing on the development permit application or the proj ect is given, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or reduction. B. The City Council shall consider the application at a public hearing on same, notice of which need not be published other than by description on the agenda of the meeting at which the public hearing is held. Said public hearing should be held within 60 clays after its filing. The decision of the City Council shall be final. If a deferral, reduction or waiver is granted, it should be granted pursuant to an agreement with the applicant, and the property owner, if different from the applicant, providing that any change in use within the project shall subject the development to payment of the full fee. The procedure provided by this section is additional to any other procedure authorized by law for protesting or challenging the fee imposed by this chapter. 3.55.170 ExemDtions. Development projects by public agencies shall be exempt from the provisions of this fee. Exempt development uses with the follovving characteristics or activities as a principal use of land, generally described as "co=unity purpose facility" as defined above in CVMC Section 3.55.020. 2-28 3.55.180 Assessment districts. If any assessment or special taxing district is established for any or all of the facilities listed in Section 3.55.030 the owner or developer of a project may apply to the City Council for a credit against the fee in an amount equal to the development's attributable portion of the cost of the authorized improvements as determined by the City Manager's designee, plus incidental costs normally occurring with a construction project, but excluding costs associated with assessment district proceedings or financing. 3.55.190 Economic incentive credit. The City Council may authorize the City to participate in the financing of transportation facility projects or portions of transportation facility projects as defined in Section 3.55.030 at the time of the appropriation of funds by <:;ity Council for the construction of an eligible transportation facility, the City shall be eligible to receive a credit known hereafter as an economic incentive credit. Such economic incentive credit may be applied to development impact fee obligations for those projects which the City Council determines, in its sole discretion, to be beneficial to the City. The use of the economic incentive credit may be subj ect to conditions which shall be set forth in a written agreement between the developer of the project and 'the City and approved by City Council. The City may receive economic incentive credit only for those eligible projects identified in Section 3.55.030 for amounts of funding not identified in the financial and engineering study "Western Transportation Development Impact Fee" report dated February 2008. 3.55.195 FlU!d loans. A. B. Loans by the City. The City may' loan funds to the fund to pay for facilities should the fund have insufficient funds to cover the cost of said facility. Said loans, if granted, shall be approved upon the adoption of the annual City budget or upon resolution of the City Council and shall carry interest rates as set by the City Council for each fiscal year. A schedule for repayment of said loans shall be established at the time they are made and approved by the Council, with a maximum term not to exceed the life of the fund. Developer Loans. A developer may loan funds to the City as outlined in CYMC 3.55.150. The City may repay said developer loans with interest, under the terms listed in subsection (A) of this section. 3.55.200 Effective date. This chapter shall become effective SECTION 3: Effective Date This Ordinance shall become effective 60 days after its second reading and adoption. Presented by Approved as to form by (A-~ Ann Moore' City Attorney Jack Griffin Engineering and General Services Director 2-29 2-30 ORDINANCE NO. D ~DOP1\O~ E.~D\~G ~~ ORDINANCE OF THE CITY OF C~~JtA ACCEPTING THE VVESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE REPORT (TF-358) PREPARED BY STAFF AND ESTABLISHING A VVESTERN TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM TO MITIGATE TRANSPORTATION IMPACTS WITHIN VVESTERN CHULA VISTA INCLUDING PROJECTS - I-805-2, RAS-17 AND BP-4 WHEREAS, the adoption of the City's General plan indicated that future growth was going to occur in the City west ofI-805; and WHEREAS, the traffic studies for the City's General Plan and the Urban Core Specific Plan show the City's transportation network will be impacted by new development within the western portion of the City unless new transportation facilities are added to acconnodate the new development; and WHEREAS, since January 1987, the City has had a program in place for the collection of a transportation development impact fee for the financing of street" improvements in the area east of Interstate 805. WHEREAS, the Engineer's Report establishes that the transportation facilities necessitated by development within the western portion of the City comprise an integrated network; and WHEREAS, the Western Transportation Development Impact Fee is solely based upon that portion of the project costs which are attributable to new development; and WHEREAS, on March 4, 2008, the City Council of the City of Chula Vista held a duly noticed public hearing at which oral or written presentations regarding the Western Transportation Development Impact Fee could be made; and WHEREAS, pursuant to the Munlcipal Code and California Government Code Sections 66000, et. seq., the City Council has accepted a report entitled "Engineer's Report for the Western Transportation Development Impact Fee" ("Engineer's Report") dated February, 2008 that analyzed the Western Transportation Development Impact Fee necessary to fund transportation facilities needed to serve future development within the western portion of the City; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA; and WHEREAS, the City Council of the City of Chula Vista is placing this ordinance on its first reading which will establish a development impact fee per equivalent dwelling unit (EDU) to finance transportation facilities within the western portion of the City of Chula Vista; and 2-31 ORD#3 WHEREAS, pursuant to Gove=ent Code Section 66017(a), the fees proposed by this ordinance will not become effective until sixty (60) days after its fust reading; and NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista does hereby adopt Chapter 3.55 of the Chula Vista Municipal Code relating to transportation development impact fees to pay for various transportation facilities located on the westside of the City as follows: SECTION 1: Findings The City Council finds, after consideration of the evidence presented to it including the "Engineer's Report for the Western Transportation Development Impact Fee" dated February, 2008, that the creation of a transportation development impact fee is necessary in order to assure that there are sufficient funds available to finance the transportation facilities necessary to serve development west ofI-805; and The City Council finds that new development within the western portion of the City of Chula Vista should be required to mitigate the burden created by development through the construction of transportation facilities; and The City Council finds, based on the evidence presented at the public hearing, and consistent with the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all development within the western portion of the City of Chula Vista for which building permits have not been issued is necessary in order to protect the public health, safety and welfare by providing for the public transportation facilities to assure effective implementation of the City's General Plan; and The City Council fmds that the amount of the proposed fees levied by this ordinance does not exceed the estimated cost of providing the transportation facilities. SECTION 2: Chapter 3.55 of the Chula Vista Municipal Code is hereby adopted and shall read as follows: 3.55.010 General intent. The City's General Plan Land Use and Transportation Element requires that adequate public facilities be available to acco=odate increased population created by new development within the City of Chula Vista. The City Council has determined that new development will create adverse impacts on the City's existing public transportation facilities which must be mitigated by the financing and construction of certain public transportation facilities which are the subject of this chapter. New development contributes to the cumulative burden on these public transportation facilities in direct relationship to the amount of vehicular traffic and population generated by the development or the gross acreage of the co=ercial or industrial land in the development The City Council has determined that a reasonable means of financing the public transportation facilities is to charge a fee on all developments ,vithin the western portion of the City. imposition of the Western Transportation Development Impact Fee on all new development for which building . 2-32 permits have not yet been issued is necessary in order to protect the public health, safety and welfare, thereby ensuring effective implementation of the City's General Plan. 3.55.020 Definitions. For the purposes of this chapter, the following words or phrases shall be construed as defined herein, unless from the context it appears that a different meaning is intended. A. "Building permit" means a permit required by and issued pursuant to the Uniform Building Code. B. "City Engineer" means the City Engineer, the City Engineer's designee or the City Manager's designee. C. "Density" means dwelling units per gross acre identified for each planning area shown on the approved tentative map or approved tentative parcel map or as determined by the City Manager's designee. D. "Developer" means the owner or developer of a development. E. "Development permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. F. "Development project" or "development" means any activity described as the following: 1. Any new residential dwelling unit developed on vacant land; 2. Any new connercialJoffice or industrial development constructed on vacant land; 3. Any expansions to established developments or new developments on nonvacant land in those land use categories listed in subsections (F)(1) and (2) of this section, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase; 4. Any new or expanding special land use project; 5. Any special purpose project developed on vacant land or nonvacant land, or expanded within a pre-existing site, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase; 6. Any other development project not listed above but described in Section 65927 and 65928 of the State Gove=ent Code. "Connunity purpose facility" means a facility which serves one of the following purposes: 1. Social service activities, including such services as Boy Scouts and Girl Scouts, Boys and Girls Club, Alcoholics Anonymous and services for the homeless; 2. Public schools; 3 . Private schoo Is; 4. Day care; 5. Senior care and recreation; 6. Worship, spiritual growth and development. H. "Western portion of the City of Chula Vista" generally means that area of the City located between the City boundary on the west, Interstate 805 on the east, the City boundary on the north and the City's boundary on the south, as shown on the map entitled "Figure I" of the Engineering study. I. "Engineering study" and "Engineer's Report" means the Engineer's Report for the Western Transportation Development Impact Fee dated February, 2008 and prepared by City staff on file in the Office of the City Clerk. J. "Regional Arterial System" (RAS) RAS roadways are generally described as those facilities that act as a critical link in providing direct connections between connunities ~g system continuity and congestion relief in high ORD # 3 volume corridors. They are roadways that are listed in the most recent edition of SANDAG' s Regional Transportation Plan K. "Special land use" means any nonresidential, non-co=ercialloffice or nonindustrial development project (e.g., Olympic Training Center, hospitals, utilities), or non-special purpose proj ect 1. "Special purpose project" means any for-profit co=unity purpose facility (e.g., day care). 3.55.030 Public transJlortation facilities to be financed by the fee. A. The public transportation facilities ("facilities") which are the subject matter of the fee, are listed below as detailed in subsection C of this section and in the Engineer's Report on file in the Office of the City Clerk. B. The City Council may modify or amend the list of projects in order to maintain compliance with the circulation element of the City's General Plan. C. The facilities are as follows: 1. (I-5-l) I-51E Street NB off-ramp restriping add lane 2. (I-5-2) I-51E StreetJBay Blvd SB off-ramp restriping add lane 3. (I-5-3) I-SINE ramp widening at E, H, J, Ind., Palomar & Main Sts (21 %) 4. (I-5-4) E Street bridge widening over 1-5 (250' X 20' X $350/sf) 5. (I-5-5) F Street bridge widening over 1-5 (250' X 20' X $350/sf 6. (I-5-6) I-5/H Street NB off-ramp restriping add lane 7. (I-5-7) I-5/H Street SB off-ramp restriping add lane 8. (I-5-8) H Street bridge widening over 1-5 (200'X40'X$350/sf) 9. (I-5-9) 1-5/1 Street NB off-ramp restriping add lane 10. (I-5-10) I-5/J Street undercrossing widening add EB-NB (175x20X$350) 11. (I-5-11) L Street bridge widening overI-5 (SIW for peds 300' X 12')(21 %) 12. (I-5-l2) I-5/Bay Blvd (south ofL St.) SB onlofframps traffic signal 13. (1-5-13) I-5/Industrial Blvd NB onlofframps traffic signal 14. (I-5-14) I-5/Palomar Street bridge widening (275lfX 50lfX $350/sf) 15. (I-5-15) I-5/Main Street NB onlofframps traffic signal (CV share $120k) 16. (1-5-16) I-5/Main Street bridge widening (275lfX 20lfX $350/sf) 17. (1-5-17)1-5 HOV & Managed Lanesfrom SR905 to SR54 (63.4% in CVJ 18. STM 361 2-34 a I.S Multi-Modal Corridor Study (80% Fed. DEMO funds) b. (SANDAG cost estimate is $4.3M & CV share TBD.) Interstate-80S Improvements 19. (I-80S-I) NB on-ramp widening & metering at Bonita, East H St (EB-NB), Telegraph Canyon Road (project 1-80S-1 is 100% funded in 2006 RTIP with State funds.) 20. (1-805-2) Main St. 11l1dercrossing widening for EB-NB left turn lane State Route 54 Improvements 21. (SR-S4-1) SR-S4 WB off-ramp restripe at Broadway 22. (SR-S4-2) SR-S4 EB off-ramp at N. Fourth Avenue - add ramp lane Regional Arterial System (RAS) Projects 23. (RAS-1) Bonita Road from First Avenue to I-80S 24. (RAS-2) Broadway from C Street to south of Main Street (City Limits) 2S. (RAS-3) E Street improvements - First Ave to Bonita RoadIE. Flower St 26. (RAS-4) E Street improvements, I-S to 300' east ofNB ramp 27. (RAS-S) E Street LRT grade separation (underpass LRT option) 28. (RAS-6) H Street LRT grade separation (underpass LRT option) 29. (RAS-7) H Street at Broadway EB queue jumper lane & traffic signal modifications 30. (RAS-8) H Street 14' -wide median & street light improvements (same as RAS-9) 31. (RAS-9) H Street widening to 6-lanes from Interstate-S to Broadway 32. (RAS-10) H Street improvements from Second Ave to Hilltop Drive 33. (RAS-11) East H St. north side improvements from Hilltop Dr. to 1-805 34. (RAS-12) L Street/Bay Blvd traffic signal & add turn lanes 3S. (RAS-13) L Street improvements south side west of Industrial Blvd 36. (RAS-l4) Telegraph Canyon Road at I-80S south side sidewalk 37. (RAS-l5) Or:mge A venue from Palomar Street to HiUtop Drive 38. (RAS-l6) Palomar Street improvements from 1-5 to I-80S 2-35 ORD#3 39. (RAS-17) MailJ St improvements from 1-5 to I-80S (See GPU Table 5.10-6) 40. (RAS-18) H St/4th Ave add WB-NB & EB-SB right turn. lanes 41. (RAS-19) H St/4th Ave add WB-NB & EB-SB right turn. lanes General Plan Impacts and Mitigations 42. (GP-l) E. St from Marina to I-5 43. (GP-2) Marina Parbvay from E-J St. 44. (GP-3) L St. from Hilltop to I-805 45. (GP-4) Main St. from I-5 to Broadway 46. (GP-5) Main St. from Broadway to Hilltop Dr. 47. (GP-6) Third Avenue from L St. to Palomar St. 48. (GP-7) H St. from Marina to I-5 49. (GP-8) J St. from Marina to I-5 Bicycle & Pedestrian Facilities Improvements (21 % WTDIF share per GPU) 50. (BP-l) Bayshore Bikeway (bike path) between E Street & F Streets 51. (BP-3) Industrial Blvd improvements & bike lanes from L St. to Main Street 52. (BP-4) MailJ Street bilee lanes from Industrial Blvd &- I-80S 53. (BP-5) Orange Ave. bilee lanes from Palomar St. to Hllltop Drive 54. (BP-6) Develop bicycle paths & pedestrian access to Third Avenue Midbayfrolllt Local Coastal Program Roadways 55. (Mid-I) E Street restripe to add EB-NB dual left turn. to NB I-5 on-ramp. 56. (Mid-2) I-5/E St. SB off-ramp widening to add fourth lane 57. (Mid-3) Bay Blvd 15' widening along Westerly Curb Line at E St. approach for 1 SB/3NB 58. (Mid-4) I-5/E St. NB widen off-ramp to add 3rd lane for Right Turn only lane 59. (Mid-5) E St revisions to median and North Curb Line east of I-S to add 3rd WB lane. 60. (Mid-6) Marina Parkway 4-lane from ESt. to J St. 2-36 ......CI""l,u,':I 61. (Mid-7) E St./Woodlawn Ave EB-SB RT lane plus a Traffic Signal) 62. (Mid-8) E St. at Broadway add WB & EB LT lane + WB & EB RT only lane. plus a Traffic Signal & No RIW costs. 63. (Mid-9) F St/Broadway restriping to provide EB-SB & WB-NB RT lane 64. (Mid-IO) H Street widening at Broadway for WB Thru & EB Thru & RT only. Other Roadways 65. (OR-I) N. 4th Avenue/Brisbane Ave traffic signal modifications 66. (OR-2) Second A venue/D Street all-way stop installation 3.55.040 Territorv to which fee aoplicable_ The area of the City of Chula Vista to which the fee herein established shall be applicable is the territorial limits of the western portion of the City of Chula Vista ("territory") as defined above, as they may from time to time be amended. 3.55.050 Establishment of a fee. A development impact fee ("fee") is hereby established to pay for the facilities within the territory. The fee shall be paid upon the issuance of building permits for each development project within the western portion of the City of Chula Vista. The WTDIF fee in the amounts set forth in CYMC 3.55.030 is hereby established to pay for transportation improvements and facilities within the western portion of the City of Chula Vista. 3.55.060 Determination of fees bv land use cate1.!:orv. A. For purposes of this fee, single-family dwelling units shall include single- family detached homes and detached condominiums; multifamily dwelling units shall include attached condominiums, townhouses, duplexes, triplexes, and apartments. The density of the development type shall be based on the number of dwelling UDits per gross acre for single-family or multifamily residential and shall be based upon the densities identified on the approved tentative map or approved tentative parcel map entitling the development unless otherwise approved in writing by the City Manager's designee. B. Co=erciaIJoffice and industrial development projects shall be charged on a per acre or per square footage basis. For purposes of this fee, gross acreage and lor square footage as it applies to the co=ercial, industrial and office development types, means all land area that the City Manager's designee deems necessary within the boundary of the parcel or parcels of the development project for which building permits are being requested. C. The fee multiplied by the total number of dwelling UDits, square footage or acres within a given development proj ect represents a developer's fair share ("fair share") for that development proj ect. 3.55.070 Time to determine amount due. The fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time, and not when the tentative map or final map were granted or applied for, or when the building permit plan li!hea~ was conducted, or when application was made for ORD#3 the building p=it. No building permit shall be issued unless the development impact fee is paid. The fees shall be deposited into a WTDIF fund, which is hereby created, and shall be expended only for the purposes set forth in this chapter. The Director of Finance is authorized to establish various accounts within the fund for the various improvements and facilities identified in this chapter and to periodically make expenditures from the fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. The City Council finds that collection of the fees established by this chapter at the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for those facilities and to ensure certainty in the capital facilities budgeting for the western part of the City. 3.55.080 Pllroose and use of fee. The fees collected shall be used by the City for the following purposes as determined by the City Council: 1. To pay for the construction of facilities by the City, or to reimburse the City for facilities installed by the City with funds from other sources. 2. To reimburse developers who have been required by CVMC3.55.150 A to install improvements that are major streets and are listed in CYMC 3.55.030. 3. To reimburse developers who have been permitted to install improvements pursuant to CVMC 3.55.150 B. 3.55.090 Amount offee. A. The fee shall be the amounts as set forth below in Table 1. The fee shall be adjusted on July 1 of each year beginning in 2009. The annual inflation adjustment will be 2 % or based on Caltrans highway construction cost index, whichever is higher. The program collects 2% of the total improvement cost estimate for staff administration and an additional 1 % for SANDAG Arlminimative costs. B. Adjustments of the fee based upon the annual inflation adjustment or the Caltrans Highway Construction Cost Index shall be automatic and shall not require further action by the City Council. The WTDIF may also be reviewed and amended by the City Council as necessary based on changes in the type, size, location or cost of the facilities to be financed by the fee; changes in land use designation in the City's General Plan; and upon other sound engineering, financing and planning information. 2-38 Proposed TDW Fee per EDU: I $3,243.00 'L~rlim1ci::ifi~~;;,~.:'f:?;:'. t.>"'- . ,-~;. . ,'..,,-.- ',. . 7."::'/,,,;,<' I: ebus : ~, ". '.: ' :' ,,' ,,;',' OJ ToiF Rate ro;SIDENTIAL lResidential (lOW) 0-6 dwelling units ner acre 1 per EDU $3,243 1 DU Residential CMED) 6.1 To 20 dwelling uni:ts per acre .8 per EDU $2,594/DU Residential !HIGH) Over 20 dwellina units per acre .6 per EDU $l,946/DU j};!obiJe Home .5perEDU $1,6221 DU COMMERCIAL Contain 1-5 major dept. stores & usually have Regional Commercial Imore than 50 tenants. Typically larger than 40 acres. 20 EDUI Acre $64,860 1 Acre Smaller in that size than regional. Contain junior Dept. Store or variety Store,( Le. Target Center with other commercial stores las a maj or tenant and have IS to 50 other tenants. Smaller in size, Community Commercial 8-20 acres. 28EDU/Acre $90,8041 Acre N eian borhood Commercial Less than 10 acres. lncludes supermarket and drug store. May include office spaces. 48EDU/Acre $155,6641 Acre INeighborhood Commercial Same as above but in Square Footage 4.8 EDUIKSF $15,664 IKSF Commercial activities found along major streets, Inot in a planned center with limited on-site Street Front Commercial foarking. 16EDU/Acre $51,8881 Acre lItetail Commercial Specialty Retail/Strip Commercial 16EDU/Acre $51,888/KSF IUsually located near transportation facilities. Structures are usually large and cover majority of ithe parceL Examples are clothing and supply, Wholesale Trade also includes swap meet areas. 24EDU/Acre $77,832 1 Acre OFFICE High Rise Office More than 100,000 S.F. and 6+ Stories 60 EDUI Acre $194,5801 Acre Low Rise Office < 6 Stories 30 EDU/Acre $97,2901 Acre :Low Rise Office (in thousands < 6 Stories of sQUare feet) 2 EDU/KSF $6,4861 KSF Medical Office Medical and Dental Facilities 50EDU/Acre $162,1501 Acre LODGING Low Rise HotellMotel < 4 Stories 20EDU/Acre $64,8601 Acre Low Rise Hotel or Motel < 4 Stories 1 EDUiRoom $3,243 1 Room IHigh Rise Hotel ~ Stories 30fEDU/Acre $97,290 1 Acre InrnUSTRY Shipbuilding, airframe, and aircraft manufacturing. Usually located next to lHeavy lndustrv transportation facilities and commercial areas. h'arcels are typically 20-50 Acre. 12EDU/Acre $38,916 1 Acre Warehouse /Storage ~ sua1ly large buildings located near freeways, industrial or strip commercial areas. 6EDU/Acre $19,458/Acre Office/industrial uses clustered into a center. The IPrimary uses are industrial by may include high percentages of other uses in service or retail IIndustrial Park activities. 9EDU/Acre $29,187/Acre Light lndustria1 All other industrial uses and manufacturing not included in categories aboY9~ ':l Q 20EDU/Acre $64,8601 Acre Table 1 PROPOSED WTDIF FEE PER LAND USE CLASSIFICATION ORD # 3 3.55.100 Development proiects exempt from the fee. A. Development projects by public agencies shall be exempt from the provisions of the fee if those projects are designed to provide the public service for which the agency is charged ("public purpose''). B. Connunity purpose facilities which are not operated for profit ("nonprofit connunity purpose facilities'') are also exempt inasmuch as these institutions provide benefit to the connunity as a whole, including all land use categories which are the subj ect matter of the fee. The City Council hereby determines that it is appropriate to spread any impact such nonprofit connunity purpose facilities might have to the other land use categories subject to the fee. In the event that a court determines that the exemption herein extended to connunity purpose facilities shall for any reason be invalid, the City Council hereby allocates the nonprofit connunity purpose facilities' fair share to the City of Chula Vista and not to any of the land use categories which are the subj ect matter of the development impact land use categories. C. Development projects which are additions or expansions to existing dwelling units or businesses, except special land use projects, shall be exempt if the addition or expansion does not result in a net increase in dwelling units or commercial/industrial acreage. 3.55.110 Authoritv for accountID2 and e:menditures. A. The fees collected shall be deposited into a Westem Transportation Development Impact Fee financing fund ("WTDIF fee fund," or "fund"), which is hereby created and shall be expended only for the purposes set forth in this chapter. B. The director of finance is authorized to establish a single fund for the various facilities identified in this chapter and to periodically make expenditures from the fund forthe purposes set forth herein. 3;55.120 Findin2s. The City Council finds that: A. Collection of the fee established by this chapter at the time of the building permit issuance is necessary to provide funds for the transportation facilities identified in CYMC 3.55.030 and to ensure certainty in the capital facilities budgeting for growth impacted public transportation facilities; and B. The purpose of the Fees hereby enacted prevents new development from reducing the quality and availability of public transportation infrastructure facilities provided to residents of the City by requiring new development to contribute to the cost of additional capital transportation infrastructure improvements needed to meet the growth generated by such development; and C. The revenue from the fees hereby enacted will be used to construct public facilities and infrastructure and pay for other capital expenditures needed to serve new development as identified in the Engineer's Report dated February, 2008; and D. Based on analysis presented in the Engineer's Report there is a reasonable relationship between 1. The use of the fees and the types of development proj ects on which they are imposed and 2. The need for facilities and the types of development projects on which the fees are imposed. 3. The amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. 2-40 3.55.130 Fee additional to other fees and charl!:es. This fee is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments 3.55.150 Developer construction of transportation facilities. A. 'VVhenever a developer of a development project would be required by application of City law or policy, as a condition of approval of a development permit to construct or finance the construction of a portion of a transportation facility identified in Section 3.55.030 the City Council may impose an additional requirement that the developer install the improvements with supplemental size, length or capacity in order to ensure efficient and timely construction of the transportation facilities network. If such a requirement is imposed, the City Council shall, in its discretion, enter into a reimbursement agreement with the developer, or give a credit against the fee otherwise levied by this chapter on the development proj ecl, or some combination thereof. B. ''VVhenever a developer requests reimbursement, or a credit against fees, for work to be done or paid for by the developer under subsection (A) of this section, the request shall be submitted in writing to the City Manager's designee. 1. The request shall contain a description of the proj ect with a detailed cost estimate which itemizes those costs of the construction attributable to the transportation facility project and excludes any work attributable to a specific subdivision project. The estimate is preliminary and the amount of reimbursement or credit against fees is subject to final determination by the City Manager's designee. Additional information shall be provided to the City by the developer upon request of the City. 2. Such reimbursement or credit against fees shall be subject to the following conditions: a. Requirements of Developer. i. Preparation of plans and specifications for approval by the City; ii. Secure and dedicate any right-of-way required for the transportation facility project; iii. Secure all required permits and environmental clearances necessary for the transportation facility project; iv. Provision of performance bonds (where the developer intends to utilize provisions for immediate credit, the performance bond shall be for 100 percent of the value of the transportation facility project); v. Payment of all City fees and costs. b. The City will not be responsible for any of the costs of constructing the transportation facility project. The developer shall advance all necessary funds to construct the transportation facility project. c. The developer shall secure at least three qualified bids for work to be done and shall award the construction contract to the lowest qualified bidder. The developer may combine the construction of the transportation facility project with other development-related work and award one construction contract for the combined work based on a clearly identified process for determining the low bidder, all as approved by the City Manager's designee. Should the construction contract be awarded to a qualified bidder who did not submit the lowest bid for the transportation facility proj ect portion of the contract, the developer will only receive transportation development impact fee credit based on the lowest bid for the transportation facility portion of the contract. Any claims for additional payment for extra work or charges shall be justified, shall be documented to the satisfaction of the City Manager's designee and 2-41 shall only be reimbursed at the prices for similar work included in the lowest bid for the transportation facility portion of the contract. d. Upon complying with the conditions set forth in subsections (B)(I) and (B)(2)(a) of this section as determined by the City and upon approval of the estimated cost by the City Manager's designee, the developer shall be entitled to immediate credit for 50 percent of the estimated cost of the construction attributable to the transportation facility project. Once the developer has received valid bids for the project which comply with subsection (B)(2)(c) of this section, entered into binding contracts for the construction of the project, and met the conditions set forth in subsections (B)(I) and (B)(2)(a) of this section as determined by the City, all of which have been approved by the City Manager's designee, the amount of the immediate credit shall be increased to 75 percent of the bid amount attributable to the transportation facility project. The immediate credits shall be applied to the developer's obligation to pay transportation development impact fees for building permits issued after the establishment of the credit. The developer shall specify these building permits to which the credit is to be applied at the time the developer submits the building permit applications. e. If the developer uses all of the . immediate credit before final completion of the transportation facility project, then the developer may defer payment of development impact fees for other building permits by providing to the City liquid security such as cash or an irrevocable letter of credit, but not bonds or set-aside letters, in an amount equal to the remaining amount of the estimated cost of the transportation facility proj ect. f. When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the transportation facility proj ect to the City. The City Manager's designee shall make the final determination on expenditures which are eligible for credit or cash reimbursement. g. After final determination of eligible expenditures has been made by the City Manager's designee and the developer has complied with the conditions set forth in subsection (B) of this section, the final amount of transportation development impact fee credits shall be determined by the City Manager's designee. The developer shall receive credit against the deferred fee obligation in an amount equal to the difference between the final expenditure determination and the amount of the 75 percent immediate credit used, if any. The City shall notify the developer of the final deferred fee obligation, and of the amount of the applicable credit. If the amount of the applicable credit is less than the deferred fee obligation, then the developer shall have 30 days to pay the deferred fee. If the deferred fees are not paid within the 30-day period, the City may make a demand against the liquid security and apply the proceeds to the fee obligation. h. At the time building permits are issued for the developer's project, the City will incrementally apply credit which the developer has accrued in lieu of collecting the required transportation development impact fees. The amount of the credit to be applied to each building permit shall be based upon the fee schedule in effect at the time of the building permit issuance. The City Manager's designee shall convert such credit to an EDU basis for residential development and/or a gross acre basis for commercial or industrial development for purposes of deter:mining the amount of credit to be applied to each building permit. i. If the total eligible construction cost for the transportation facility project is more than the total transportation development impact fees which will be required for the developer's project, then the amount in excess of development impact fees will be paid in cash when funds are available as determined by the City Manager; a reimbursement agreement will be executed; or the developer may waive reimbursement and use the excess as credit against future transportation development impact fee obli~ations. The City may, in its discretion, enter into an agreement with the developer to convert~l{~s credit into EDU and/or gross acre credits for use against future development impact fee obligations at the fee rate in effect on the date of the agreement. j. The requirements of this subsection (B) of this section may, in the City's discretion, be modified through an agreement between the developer and the City and approved by City Council. C. Whenever a transportation development impact fee credit is generated by constructing a transportation facility using assessment district or connunity . facilities district financing, the credit shall only be applied to the transportation development impact fee obligations within that district. 3.55.160 Procedure for fee waiver or reduction. A. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the fee imposed by this chapter is unconstitutional, or unrelated to mitigation of the traffic needs or burdens of the development, may apply to the City Council for a waiver, reduction, or deferral of the fee. A development which is designed and intended as a temporary use (10 years or less) and which is conducted in facilities which are, by their nature, short-term interim facilities such as a portable or modular building (including mobile homes, trailers, etc.) may qualify for a waiver, reduction, or deferral. In addition, a deferral may be granted on the basis of demonstrated economic hardship on the condition that: (1) the use offers a significant public benefit; (2) the amount deferred bears interest at a fair market rate so as to constitute an approximate value equivalent to a cash payment; and (3) the amount deferred is adequately secured by agreement with the applicant. Unless the requirement for timely filing is waived by the City, the application shall be made in writing and filed with the City Clerk not later than 10 days after notice of the public hearing on the development permit application or the proj ect is given, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or reduction. B. The City Council shall consider the application at a public hearing on same, notice of which need not be published other than by description on the agenda of the meeting at which the public hearing is held. Said public hearing should be held within 60 days after its filing. The decision of the City Council shall be final. If a deferral, reduction or waiver is granted, it should be granted pursuant to an agreement with the applicant, and the property owner, if different from the applicant, providing that any change in use within the project shall subject the development to payment of the full fee. The procedure provided by this section is additional to any other procedure authorized by law. for protesting or challenging the fee imposed by this chapter. 3.55.170 Exemptions. Development projects by public agencies shall be exempt from the provisions of this fee. Exempt development uses with the following characteristics or activities as a principal use of land, generally described as "co=unity purpose facility" as defined above in CYMC Section 3.55.020. 2-43 3.55.180 Assessment districts. If any assessment or special taxing district is established for any or all of the facilities listed in Section 3.55.030 the owner or developer of a project may apply to the City Council for a credit against the fee in an amount equal to the development's attributable portion of the cost of the authorized improvements as determined by the City Manager's designee, plus incidental costs normally occurring with a construction project, but excluding costs associated with assessment district proceedings or financing. 3.55.190 Economic incentive credit. The City Council may authorize the City to participate in the financing of transportation facility projects or portions of transportation facility projects as defined in Section 3.55.030 at the time of the appropriation of funds by City Council for the construction of an eligible transportation facility, the City shall be eligible to receive a credit known hereafter as an economic incentive credit. Such economic incentive credit may be applied to development impact fee obligations for those projects which the City Council determines, in its sole discretion, to be beneficial to the City. The use of the economic incentive credit may be subject to conditions which shall be set forth in a written agreement between the developer of the project and the City and approved by City Council. The City may receive economic incentive credit only for those eligible projects identified in Section 3.55.030 for amounts of funding not identified in the financial and engineering study "Western Transportation Development Impact Fee" report dated February 2008. 3.55.195 Fund loam. A. B. Loans by the City. The City may loan funds to the fund to pay for facilities should the fund have insufficient funds to cover the cost of said facility. Said loans, if granted., shall be approved upon the adoption of the annual City budget or upon resolution of the City Council and shall carry interest rates as set by the City Council for each fiscal year. A schedule for repayment of said loans shall be established at the time they are made and approved by the Council, with a maximum t= not to exceed the life of the fund. Developer Loans. A developer may loan funds to the City as outlined in CVMC 3.55.150. The City may repay said developer loans with interest, under the terms listed in subsection (A) of this section. 3.55.200 Effective date. This chapter shall become effective SECTION 3: Effective Date This Ordinance shall become effective 60 days after its second reading and adoption. Presented by Approved as to form by Jack Griffin Engineering and General Services Director I"'- A ~...A_ ~ City Attorney 2-44 ORDINANCE NO. NO f\OOPiIOH o REf\DING p;, ORDINANCE OF THE CITY OF CHUL~~~A ACCEPTING THE WESTERN TRANSPORTATION DEVELOPMENT IM:PACT FEE REPORT (TF-3S8) PREPARED BY STAFF AND ESTABLISHING A WESTERN TRANSPORTATION DEVELOPNlENT IMP ACT FEE PROGRAM TO lVITTIGATE TRANSPORTATION IM:PACTS VIITHIN WESTERN CHULA VISTA INCLUDING PROJECT BP-2 WHEREAS, the adoption of the City's General plan indicated that future growth was going to occur in the City west ofI-80S; and WHEREAS, the traffic studies for the City's General Plan and the Urban Core Specific Plan show the City's transportation network will be impacted by new development within the western portion of the City unless new transportation facilities are added to acconnodate the new development; and WHEREAS, since January 1987, the City has had a program in place for the collection of a transportation development impact fee for the fInancing of street improvements in the area east of Interstate 805. WHEREAS, the Engineer's Report establishes that the transportation facilities necessitated by development within the western portion of the City comprise an integrated network; and WHEREAS, the Western Transportation Development Impact Fee is solely based upon that portion of the project costs which are attributable to new development; and WHEREAS, on March 4, 2008, the City Council of the City of Chula Vista held a duly noticed public hearing at which oral or written presentations regarding the Western Transportation Development Impact Fee could be made; and WHEREAS, pursuant to the Municipal Code and California Gove=ent Code Sections 66000, et. seq., the City Council has accepted a report entitled "Engineer's Report for the Western Transportation Development Impact Fee" ("Engineer's Report") dated February, 2008 that analyzed the Western Transportation Development Impact Fee necessary to fund transportation facilities needed to serve future development within the western portion of the City; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defIned under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section IS060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA; and WHEREAS, the City Council of the City of Chula Vista is placing this ordinance on its fIrst reading which will establish a development impact fee per equivalent dwelling unit (EDU) to fInance transportation facilities within the western portion of the City of Chula Vista; and 2-45 ORD#4 WHEREAS, pursuant to Gove=ent Code Section 660 17(a), the fees proposed by this ordinance will not become effective until sixty (60) days after its first reading; and NOW, TIffiREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista does hereby adopt Chapter 3.55 of the Chula Vista Municipal Code relating to transportation development impact fees to pay for various transportation facilities located on the westside of the City as follows: SECTION 1: Findings The City Council finds, after consideration of the evidence presented to it including the "Engineer's Report for the Western Transportation Development Impact Fee" dated February, 2008, that the creation of a transportation development impact fee is necessary in order to assure that there are sufficient funds available to finance the transportation facilities necessary to serve development west ofI-805; and The City Council finds that new development within the western portion of the City of Chula Vista should be required to mitigate the burden created by development through the construction of transportation facilities; and The City Council finds, based on the evidence presented at the public hearing, and consistent with the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all development within the Western portion of the City of Chula Vista for which building permits have not been issued is necessary in order to protect the public health, safety and welfare by providing for the public transportation facilities to assure effective implementation of the City's General Plan; and The City Council finds that the amount of the proposed fees levied by this ordinance does not exceed the estimated cost of providing the transportation facilities. SECTION 2: Chapter 3.55 of the Chula Vista Municipal Code is hereby adopted and shall read as follows: 3.55.010 General intent. The City's General Plan Land Use and Transportation Element requires that adequate public facilities be available to accommodate increased population created by new development within the City of Chula Vista. The City Council has determined that new development Will create adverse impacts on the City's existing public transportation facilities which must be mitigated by the financing and construction of certain public transportation facilities which are the subject of this chapter. New development contributes to the cumulative burden on these public transportation facilities in direct relationship to. the amount of vehicular traffic and population generated by the development or the gross acreage of the commercial or industrial land in the development. The City Council has determined that a reasonable means of financing the public transportation facilities is to charge a fee on all developments within the western portion of the City. imposition of the Western Transportation Development Impact Fee on all new development for which building 2-46 permits have not yet been issued is necessary in order to protect the public health, safety and welfare, thereby ensuring effective implementation of the City's General Plan. 3.55.020 Definitions. For the purposes of this chapter, the following words or phrases shall be construed as defined herein, unless from the context it appears that a different meaning is intended. A. "Building permit" means a permit required by and issued pursuant to the Uniform Building Code. B. "City Engineer" means the City Engineer, the City Engineer's designee or the City Manager's designee. C. "Density" means dwelling units per gross acre identified for each planning area shown on the approved tentative map or approved tentative parcel map or as determined by the City Manager's designee. D. "Developer" means the owner or developer of a development. E. "Development permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. F. "Development proj ect" or "development" means any activity described as the following: 1. Any new residential dwelling unit developed on vacant land; 2. Any new co=ercialloffice or industrial development constructed on vacant land; 3. Any expansions to established developments or new developments on nonvacant land in those land use categories listed in subsections (F)(l) and (2) of this section, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase; 4. Any new or expanding special land use project; 5. Any special purpose project developed on vacant land or nonvacant land, or expanded within a pre-existing site, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase; 6. Any other development project not listed above but described in Section 65927 and 65928 of the State Government Code. "Connunity purpose facility" means a facility which serves one of the following purposes: 1. Social service activities, including such services as Boy Scouts and Girl Scouts, Boys and Girls Club, Alcoholics Anonymous and services for the homeless; 2. Public schools; 3. Private schools; 4. Day care; 5. Senior care and recreation; 6. Worship, spiritual growth and development. H. "Western portion of the City ofChula Vista" generally means that area of the City located between the City boundary on the west, Interstate 805 on the east, the City boundary on the north and the City's boundary on- the south, as shown on the map entitled "Figure 1" of the Engineering study. 1. "Engineering study" and "Engineer's Report" means the Engineer's Report for the Western Transportation Development Impact Fee dated February, 2008 and prepared by City staff on file in the Office of the City Clerk. J. "Regional Arterial System" (RAS) RAS roadways are generally described as those facilities that act as a critical link in providing direct connections between co=unitie~Hing system continuity and congestion relief in high volume corridors. They are roadways that are listed in the most recent edition of SANDAG's Regional Transportation Plan K. "Special land use" means any nonresidential, non-commercial/office or nonindustrial development project (e.g., Olympic Training Center, hospitals, utilities), or non-special purpose project. 1. "Special purpose project" means any for-profit co=unity purpose facility (e.g., day care). 3.55.030 Public trlUJ.Slilortation facilities to be financed bv the fee. A. The public transportation facilities ("facilities") which are the subject matter of the fee, are listed below as detailed in subsection C of this section and in the Engineer's Report on file in the Office of the City Clerk. B. The City Council may modify or amend the list of projects in order to maintain compliance with the circulation element of the City's General Plan. C. The facilities are as follows: . 1. (I-5-l) I-5/E Street NB off-ramp restriping add lane 2. (I-5-2) 1-5/E StreetlBay Blvd SB off-ramp restriping add lane 3. (I-5-3) 1-5/NB ramp widening at E, H, J, Ind., Palomar & Main Sts (21 %) 4. (I-5-4) E Street bridge widening over 1-5 (250' X 20' X $350/sf) 5. (I-5-5) F Street bridge widening over I.5 (250' X 20' X $350/sf 6. (I-5-6) I-5IR Street NB off-ramp restriping add lane 7. (I-5-7) 1-5IR Street SB off-ramp resmping add lane 8. (I-5-8) H Street bridge widening over 1-5 (200'X40'X$350/sf) 9. (I-5-9) 1-5/J Street NB off-ramp restriping add lane 10. (I-5-l0) 1-5/J Street undercrossing widening add EB.NB (175x20X$350) 11. (I-5-11) L Street bridge widening overI-5 (S/W for peds 300' X 12')(21 %) 12. (I-5-12) I-5/Bay Blvd (south of L St.) SB on/off ramps traffic signal 13. (I-5-13) I-5/Industrial Blvd NB on/off ramps traffic signal 14. (I-5-14) I-5/Palomar Street bridge widening (275lfX 50lfX $350/sf) 15. (I-5-15) I-5/Main Street NB on/off ramps traffic signal (CV share $120k) 16. (I-5-16) 1-5/Main Street bridge widening (275lfX 20lfX $350/sf) 17. (l-5-17) [-5 HOV & Managed Lanesfrom SR905 to SR54 (63.4% in CJjl 18. 81M 361 2-48 ". a. I-S Multi-Modal Corridor Study (80% Fed. DEMO funds) b. (SANDAG cost estimate is $4.3M & CV share TBD.) Interstate-805 Improvements 19. (I-80S-I) NB on-ramp widening & metering at Bonita, East H St (EB-NB), Telegraph Canyon Road (Project I-80S-1 is 100% funded in 2006 RTIP with State funds.) 20. (1-805-2) Main St undercrossingwidening for EB-NB left turn lane State Route 54 Improvements 21. (SR-S4-1) SR-S4 V/B off-ramp restripe at Broadway 22. (SR-S4-2) SR-S4 EB off-ramp atN. Fourth Avenue - add ramp lane ReglionalArterial System (RAS) Projects 23. (RAS-l) Bonita Road from First Avenue to 1-805 24. (RAS-2) Broadway from C Street to south of Main Street (City Limits) 2S. (RAS-3) E Street improvements - First Ave to Bonita RoadIE. Flower St 26. (RAS-4) E Street improvements, I-S to 300' east ofNB ramp 27. (RAS-S) E Street LRT grade separation (underpass LRT option) 28. (RAS-6) H Street LRT grade separation (underpass LRT option) 29. (RAS-7) H Street at Broadway EB queue jumper lane & tra..f.fic signal modifications 30. (RAS-8) H Street 14'-wide median & street light improvements (same as RAS-9) 31. (RAS-9) H Street widening to 6-1anes from Interstate-S to Broadway 32. (RAS-10) H Street improvements from Second Ave to Hilltop Drive 33. (RAS-!!) East H St. north side improvements from Hilltop Dr. to I-80S 34. (RAS-!2) L StreetlBay Blvd traffic signal & add turn lanes 35. (RAS-13) L Street improvements south side west of Industrial Blvd 36. (RAS-14) Telegraph Canyon Road at I-80S south side sidewalk 37. (RAS-15) Or:mge A venue from PlIlomar Street to Hilltop Drive 38. (RAS-16) Palomar Street improvements from 1-5 to I-80S 2-49 39. (RAS-17) MaiD St improvements from 1-5 to I-80S (See GPU Table 5.10-6) 40. (RAS-18) H St/4th Ave add WB-NB & EB-SB right turn. lanes 41. (RAS-19) H St/4th Ave add WB-NB & EB-SB right turn. lanes General Plan Impacts and Mitigations 42. (GP-l) E. St from Marina to 1-5 43. (GP-2) Marina Parkway from E-J St. 44. (GP-3) L St. from Hilltop to 1-805 45. (GP-4) Main St. from 1-5 to Broadway 46. (GP-5) Main St. from Broadway to Hilltop Dr. 47. (GP-6) Third Avenue from L St. to Palomar St. 48. (GP-7) H St. from Marina to 1-5 49. (GP-8) J St. from Marina to 1-5 Bicycle & Pedestrian Facilities Improvements (21 % WTDIF share per GPU) 50. (BP-l) Bayshore Bikeway (bike path) between E Street & F Streets 51. (BP-l) F Street sidewalklbike lane improvements from 1-5 to Fourth A venue 52. (BP-3) Industrial Blvd improvements & bike lanes from L St. to Main Street 53. (BP-4) Main Street bike lanes from Industrial Blvd & I-80S 54. (BP-5) Orange A, ve. bike lanes from Palomar St. to Hilltop Drive 55. (BP-6) Develop bicycle paths & pedestrian access to Third Avenue Midbayfront Local Coastal Program Roadways . 56. (Mid-I) E Street restripe to add EB-NB dual left turn. to NB 1-5 on-ramp. 57. (Mid-2) I-51B St. SB off-ramp widening to add fourth lane 58. (Mid-3) Bay Blvd 15' widening along Westerly Curb Line at E St. approach for I SB/3NB 59. (Mid-4) I-51B St. NB widen off-ramp to add 3rd lane for Right Turn only lane 60. (Mid-5) E St revisions to median and North Curb Line east of 1-5 to add 3rd WB lane. 2-50 61. (11id-6) Marina Parkway 4-lane from E St. to J St. 62. (11id-7) E St./Woodlawn Ave EB-SB RT lane plus a Traffic Signal) 63. (Mid-8) E St. at Broadway add VIB & EB LT lane + WB & EB RT only lane. plus a Traffic Signal & No RIW costs. 64. (11id-9) F StlBroadway restriping to provide EB-SB & WB-NB RT lane 65. (Mid-IO) H Street widening at Broadway for VIB Thru & EB Thru & RT only. Other Roadways 66. (OR-I) N. 4th Avenue/Brisbane Ave traffic signal modifications 67. (OR-2) Second AvenueiD Street all-way stop installation 3.55.040 Territorv to which fee allplicable. The area of the City of Chula Vista to which the fee herein established shall be applicable is the territorial limits of the western portion of the City of Chula Vista ("territory") as defined above, as they may from time to time be amended. 3.55.050 Establishment of a fee. A development impact fee ("fee") is hereby established to pay for the facilities within the territory. The fee shall be paid upon the issuance of building permits for each development project within the western portion of the City of Chula Vista. The WIDIF fee in the amounts set forth in CVMC 3.55.030 is hereby established to pay for transportation improvements and facilities within the western portion of the City of Chula Vista. 3.55.060 Determilllatioll of fees bv land use catel!:orv. A. For purposes of this fee, single-family dwelling units shall include single- family detached homes and detached condominiums; multifamily dwelling units shall include attached condominiums, toWnhouses, duplexes, triplexes, and apartments. The density of the development type shall be based on the number of dwelling units per gross acre for single-family or multifamily residential and shall be based upon the densities identified on the approved . tentative map or approved tentative parcel map entitling the development unless otherwise approved in writing by the City Manager's designee. B. Co=ercialloffice and industrial development projects shall be charged on a per acre or per square footage basis. For purposes of this fee, gross acreage and lor square footage as it applies to the co=ercial, industrial and office development types, means all land area that the City Manager's designee deems necessary within the boundary of the parcel or parcels of the development proj ect for which building permits are being requested. C. The fee multiplied by the total number of dwelling units, square footage or acres within a given development proj ect represents a developer's fair share ("fair share") for that development project. 3.55.070 Time to determillle amollnt due. 2-51 The fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time, and not when the tentative map or final map were granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. No building permit shall be issued unless the development impact fee is paid. The fees shall be deposited into a WTDIF fund, which is hereby created, and shall be expended only for the purposes set forth in this chapter. The Director of Finance is' authorized to establish various accounts within the fund for the various improvements and facilities identified in this chapter and to periodically make expenditures from the fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. The City Council finds that collection of the fees established by this chapter at the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for those facilities and to ensure certainty in the capital facilities budgeting for the westem part of the City. 3.55.080 PUr!lose and use of fee. The fees collected shall be used by the City for the following purposes as determined by the City Council: 1. To pay for the construction of facilities by the City, or to reimburse the City for facilities installed by the City with funds from other sources. 2. To reimburse developers who have been required by CYMC3.55.150 A to install improvements that are major streets and are listed in CYMC 3.55.030. 3. To reimburse developers who have been permitted to install improvements pursuant to CYMC 3.55.150 B. 3.55.090 Amount of fee. A. The fee shall be the amounts as set forth below in Table 1. The fee shall be adjusted on July I of each year beginning in 2009. The annual inflation adjustment will be 2 % or based on Caltrans highway construction cost index, whichever is higher. The program collects 2% of the total improvement cost estimate for staff administration and an additional 1 % for SANDAG Administrative costs. B. Adjustments of the fee based upon the annual inflation adjustment or the Caltrans Highway Construction Cost Index shall be automatic and shall not require further action by the City Council. The WIDIF may also be reviewed and amended by the City Council as necessary based on changes in the type, size, location or cost of the facilities to be financed by the fee; changes in land use designation in the City's General Plan; and upon other sound engineering, financing and planning information. 2-52 Proposed TDIF Fee per EDU: I $3,243.00 .... ....... .......,...... ,....... EDUs TDIF Rate Land' Use Cr3ssification . RESIDENTIAL Residential (LOW) 0-6 dwellin~ units per acre I per EDU $3,2431 DU Residential (MED) 6.1 To 20 dwellina units per acre .8perEDU $2,5941 DU ResidentiallHIGH) Over 20 dwellina units per acre .6per EDU $1,9461 DU Mobile Home .5 per EDU $1,6221 DU COMMERCIAL Contain 1-5 major dept. stores & usually have Recional Co=ercial /Uore than 50 tenants. Typically larger than 40 acres. 20 EDU/Acre $64,860 1 Acre Smaller in that size than regionaL Contain junior Dept. Store or variety Store,( i.e. Target Center with other co=ercial stores)as a major tenant and have 15 to 50 other tenants. Smaller in size, Co=unity Co=ercial 8-20 acres. 28 EDUI Acre $90,8041 Acre Nei~borhood Co=ercial Less than 10 acres. Includes supermarket and Idnls: store. May include office snaces. 48 EDUI Acre $155,6641 Acre Neiahborhood Co=ercial Same as above but in Square Foota~e 4.8 EDUlKSF $15,664/KSF Co=ercial activities found along major streets, loot in a planned center with limited on-site Street Front Co=ercial lParkina. 16 EDU/Acre $51,8881 Acre Retail Co=ercial Specialty Retail/Strin Commercial 16EDUlAcre $51,888/KSF !Usually located near transportation facilities. Structures are usually large and cover maj ority of the parceL Examples are clothing and supply, "Wholesale Trade also includes swan meet areas. 24EDU/Acre $77,832/Acre OFFICE Hi~ Rise Office More than 100,000 S.F. and 6+ Stories 60 EDUI Acre $194,5801 Acre Low Rise Office < 6 Stories 30 EDU/Acre $97,2901 Acre Low Rise Office (in thousands < 6 Stories of square feet) 2EDU/KSF $6,4861 KSF Medical Office Medical and Dental Facilities 50EDU/Acre $162,1501 Acre LODGING Low Rise HotellMotel < 4 Stories 20 EDUI Acre $64,860 1 Acre Low Rise Hotel or Motel < 4 Stories I EDUlRoom $3,2431 Room Hi~ Rise Hotel >=4 Stories 30 IEDUI Acre $97,290/Acre INDUSTRY Shipbuilding, airframe, and aircraft ~ufacturing. Usually located next to Heavy Industry ,,"ansportation facilities and co=ercial areas. !Parcels are tvnicallv 20-50 Acre. 12EDU/Acre $38,916/Acre U sua1ly large buildings located near freeways, W arehouse IStora~e industrial or strin co=ercial areas. 6EDU/Acre $19,458/Acre Office/industrial uses clustered into a center. The primary uses are industrial by may include high i=>ercentages of other uses in service or retail $29,1871Acre Industrial Park activities. 9EDU/Acre Li~t Industrial iAll other industrial uses and manufacturing nol included in categories abo~:- 5 3 20EDU/Acre $64,8601 Acre Table 1 PROPOSED WTDIF FEE PER LAND USE CLASSIFICATION 3.55.100 Development nroiects exempt from the fee. A. Development proj ects by public agencies shall be exempt from the provisions of the fee if those projects are designed to provide the public service for which the agency is charged ("public purpose"). B. . Co=unity purpose facilities which are not operated for profit ("nonprofit community purpose facilities") are also exempt inasmuch as these institutions provide benefit to the community as a whole, including all land use categories which are the subject matter of the fee. The City Council hereby determines that it is appropriate to spread any' impact such nonprofit community purpose facilities might have to the other land use categories subject to the fee. In the event that a court determines that the exemption herein extended to community pUIJlose facilities shall for any reason be invalid, the City Council hereby allocates the nonprofit co=unity purpose facilities' fair share to the City of Chula Vista and not to any of the land use categories which are the subject matter of the development impact land use categories. C. Development projects which are additions or expansions to existing dwelling units or businesses, except special land use projects, shall be exempt if the addition or expansion does not result in a net increase in dwelling units or commercial/industrial acreage. 3.55.110 Authority for accountin!! and enenditures. A. The fees collected shall be deposited into a Western Transportation Development Impact Fee financing fund ("WTDIF fee fund," or "fund"), which is hereby created and shall be expended only for the pUIJloses set forth in this chapter. B. The director of finance is authorized to establish a single fund for the various facilities identified in this chapter and to periodically make expenditures from the fund for the purposes set forth herein. 3.55.120 Findinl!s. The City Council finds that: A. Collection of the fee established by this chapter at the time of the building permit issuance is necessary to provide funds for the transportation facilities identified in CYMC 3.55.030 and to ensure certainty in the capital facilities budgeting for growth impacted public transportation facilities; and B. The pUIJlose of the Fees hereby enacted prevents new development from reducing the quality and availability of public transportation. infrastructure facilities provided to residents of the City by requiring new development to contribute to the cost of additional capital transportation infrastructure improvements needed to meet the growth generated by such development; and C. The revenue from the fees hereby enacted will be used to construct public facilities and infrastructure and pay for other capital expenditures needed to serve new development as identified in the Engineer's Report dated February, 2008; and D. Based on analysis presented in the Engineer's Report there is a reasonable relationship between I. The use of the fees and the types of development proj ects on which they are imposed and 2. The need for facilities and the types of development projects on which the fees are imposed. 3. The amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. 2-54 3.55.130 Fee additional to other fees and charges. Tills fee is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments 3.55.150 Developer construction of transportation facilities. A. Whenever a developer of a development project would be required by application of City law or policy, as a condition of approval of a development permit to construct or finance the construction of a portion of a transportation facility identified in Section 3.55.030 the City Council may impose an additional requirement that the developer install the improvements with supplemental size, length or capacity in order to ensure efficient and timely construction of the transportation facilities network. If such a requirement is imposed, the City Council shall, in its discretion, enter into a reimbursement agreement with the developer, or give a credit against the fee otherwise levied by this chapter on th~ development project, or some combination thereof. B. Whenever a developer requests reimbursement, or a credit against fees, for work to be done or paid for by the developer under subsection (A) of this section, the request shall be submitted in writing to the City Manager's designee. 1. The request shall contain a description of the project with a detailed cost estimate which itemizes those costs of the construction attributable to the transportation facility project and excludes any work attributable to a specific subdivision project. The estimate is preliminary and the amount of reimbursement or credit against fees is subj ect to final determination by the City Manager's designee. Additional information shall be provided to the City by the developer upon request of the City. 2. Such reimbursement or credit against fees shall be subject to the following conditions: a. Requirements of Developer. i. Preparation of plans and specifications for approval by the City; ii. Secure and dedicate any right-of-way required for the transportation facility proj ect; iii. Secure all required permits and environmental clearances necessary for the transportation facility project; iv. Provision of performance bonds (where the developer intends to utilize provisions for immediate credit, the performance bond shall be for 100 percent of the value of the transportation facility project); v. Payment of all City fees and costs. b. The City will not be responsible for any of the costs of constructing the transportation facility proj ect. The developer shall advance all necessary funds to construct the transportation facility project. c. The developer shall secure at least three qualified bids for work to be done and shall award the construction contract to the lowest qualified bidder. The developer may combine the construction of the transportation facility project with other development-related work and award one construction contract for the combined work based on a clearly identified process for determining the low bidder, all as approved by the City Manager's designee. Should the construction contract be awarded to a qualified bidder who did not submit the lowest bid for the transportation facility project portion of the contract, the developer will only receive transportation development impact fee credit based on the lowest bid for the transportation facility portion of the contract. Any claims for additional payment for extra work or charges shall be justified, shall be documented to the satisfaction of the City Manager's designee and 2-55 shall only be reimbursed at the prices for similar work included in the lowest bid for the transportation facility portion of the contract. d. Upon complying with .the conditions set forth in subsections (B)(l) and (B)(2)(a) of this section as determined by the City and upon approval of the estimated cost by the City Manager's designee, the developer. shall be entitled to immediate credit for 50 percent of the estimated cost of the construction attributable to the transportation facility project. Once the developer has received valid bids for the project which comply with subsection (B)(2)(c) of this section, entered into binding contracts for the construction of the project, and met the conditions set forth in subsections (E)(l) and (B)(2)(a) of this section as determined by the City, all of which have been approved by the City Manager's designee, the amount of the immediate credit shall be increased to 75 percent of the bid amount attributable to the transportation facility project. The immediate credits shall be applied to the developer's obligation to pay transportation development impact fees for building permits issued after the establishment of the credit. The developer shall specify these building permits to which the credit is to be applied at the time the developer submits the building permit applications. e. If the developer uses all of the immediate credit before fina1 completion of the transportation facility project, then the developer may defer payment of development impact fees for other building permits by providing to the City liquid security such as. cash or an irrevocable letter of credit, but not bonds or set-aside letters, in an amount equal to the remaining amount of the estimated cost of the transportation facility proj ect. f. When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the transportation facility proj ect to the City. The City Manager's designee shall make the final determination on expenditures which are eligible for credit or cash reimbursement. g. After final determination of eligible expenditures has been made by the City Manager's designee and the developer has complied with the conditions set forth in subsection (B) of this section, the fina1 amount of transportation development impact fee credits shall be determined by the City Manager's designee. The developer shall receive credit against the deferred fee obligation in an amount equal to the difference between the final expenditure determination and the amount of the 75 percent immediate credit used, if any. The City shall notify the developer of the final deferred fee obligation, and of the amount of the applicable credit. If the amount of the applicable credit is less than the deferred fee obligation, then the developer shall have 30 days to pay the deferred fee. If the deferred fees are not paid within the 30-day period, the City may make a demand against the liquid security and apply the proceeds to the fee obligation. h. At the time building permits are issued for the developer's project, the City will incrementally apply credit which the developer has accrued in lieu of collecting the required . transportation development impact fees. The amount of the credit to be applied to each building permit shall be based upon the fee schedule in effect at the time of the building permit issuance. The City Manager's designee shall convert such credit to an EDU basis for residential development and/or a gross acre basis for co=ercial or industrial development for purposes of determining the amount of credit to be applied to each building permit. i. If the total eligible construction cost for the transportation facility proj ect is more than the total transportation development impact fees which will be required for the developer's project, then the amount in excess of development impact fees will be paid in cash when funds are available as determined by the City Manager; a reimbursement agreement will be executed; or the developer may waive reimbursement and use the excess as credit against future transportation development impact fee obligations. The City may, in its discretion, enter into an agreement with the developer to conver?e~a,s credit into EDU and/or gross acre credits for use against future development impact fee obligatious at the fee rate in effect on the date of the agreement. j. The requirements of this subsection (B) of this section may, in the City's discretion, be modified through an agreement between the developer and the City and apprDved by City CDunciL C. Vlhenever a transpDrtatiDn develDpment impact fee credit is generated by coustructing a transportation facility using assessment district Dr co=unity facilities district financing, the credit shall only be applied tD the transportatiDn develDpment impact fee obligations within that district. 3.55.160 Procedure for fee waiver or reduction. A. Any developer who, because Df the nature Dr type Df uses prDposed fDr a develDpment prDject, contends that application Df the fee imposed by this chapter is unCDnstitutiDnal, or unrelated tD mitigatiDn Df the traffic needs Dr burdeus of the develDpment, may apply to the City Council for a waiver, reductiDn, or deferral Df the fee. A development which is designed and intended as a tempDrary use (10 years Dr less) and which. is conducted in facilities which are, by their nature, short-term interim facilities such as a portable or modular building (including mobile homes, trailers, etc.) may qualify fDr a waiver, reductiDn, or deferral. In addition, a deferral may be granted on the basis of demoustrated economic hardship on the conditiDn that: (1) the use offers a significant public benefit; (2) the amount deferred bears interest at a fair market rate so as to coustitute an approximate value equivalent to a cash payment; and (3) the amount deferred is adequately secured by agreement with the applicant. Unless the requirement for timely filing is waived by the City, the application shall be made in writing and filed with the City Clerk not later than 10 days after notice of the public hearing on the development permit application or the project is given, Dr if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis fDr the claim of waiver or reduction. B. The City Council shall consider the application at a public hearing on same, notice of which need not be published other than by descriptiDn on the agenda of the meeting at which the public hearing is held. Said public hearing should be held within 60 days after its filing. The decision of the City Council shall be final. If a deferral, reduction or waiver is granted, it should be granted pursuant to an agreement with the applicant, and the property Dwner, if different frDm the applicant, providing that any change in use within the prDject shall subject the develDpment to payment of the full fee. The prDcedure prDvided by this sectiDn is additiDnal to any other procedure authDrized by law for prDtesting or challenging the fee imposed by this chapter. 3.55.170 Exemptions. Development projects by public agencies shall be exempt from the provisions of this fee. Exempt development uses with the following characteristics or activities as a principal use of land, generally described as "co=unity purpose facility" as defined above in CVMC SectiDn 3:55.020. 2-57 3.55.180 Assessment districts. If any assessment or special taxing district is established for any or all of the facilities listed in Section 3.55.030 the owner or developer of a project may apply to the City Council for a credit against the fee in an amount equal to the development's attributable portion of the cost of the authorized improvements as determined by the City Manager's designee, plus incidental costs normally occurring with a construction project, but excluding costs associated with assessment district proceedings or financing. 3.55.190 Economic incentive credit. The City Council may authorize the City to participate in the financing of transportation facility projects or portions of transportation facility projects as defined in Section 3.55.030 at the time of the appropriation of funds by City Council for the construction of an eligible transportation facility, the City shall be eligible to receive a credit known hereafter as an economic incentive credit. Such economic incentive credit may be applied to development impact fee obligations for those projects which the City Council determines, in its sole discretion, to be beneficial to the City. The use of the economic incentive credit may be subj ect to conditions which shall be set forth in a written agreement between the developer of the project and the City and approved by City Council. The City may receive economic incentive credit only for those eligible projects identified in Section 3.55.030 for amounts of funding not identified in the financial and engineering study "Westem Transportation Development Impact Fee" report dated February 2008. 3.55.195 Fund loans. A. B. Loans by the City. The City may loan funds to the fund to pay for facilities should the fund have insufficient funds to cover the cost of said facility. Said loans, if granted, shall be approved upon the adoption of the annual City budget or upon resolution of the City Council and shall carry interest rates as set by the City Council for each fiscal year. A schedule for repayment of said loans shall be established at the time they are made and approved by the Council, with a maximum term not to exceed the life of the fund. Developer Loans. A developer may loan funds to the City as outlined in CYMC 3.55.150. The City may repay said developer loans with interest, under the terms listed in subsection (A) oftbis section. 3.55.200 Effective date. This chapter sha!l become effective SECTION 3: Effective Date This Ordinance shall become effective 60 days after its second reading and adoption. Presented by APpro~orm~ Ann Moore City Attorney Jack Griffin Engineering and General Services Director 2-58 ORDINANCE NO. S'C.COtiO RC.~O\NG ~NO ~OOPi\ON ORDINANCE OF THE CITY OF CHULA VISTA ACCEPTING THE WESTERN TRANSPORTATION DEVELOPMENT Th1PACT FEE REPORT (TF-358) PREPARED BY STAFF AND ESTABLISHING A WESTERN TRANSPORTATION DEVELOPMENT Th1PACT FEE PROGRAl\1 TO MITIGATE TRANSPORTATION Th1PACTS WITHIN WESTERN CHULA VISTA INCLUDING PROJECT OR-4 WHEREAS, the adoption of the City's General plan indicated that future growth was going to occur in the City west ofI -805; and WHEREAS, the traffic studies for the City's General Plan and the Urban Core Specific Plan show the City's transportation network will be impacted by new development within the western portion of the City unless new transportation facilities are added to accommodate the new development; and WHEREAS, since January 1987, the City has had a program in place for the collection of a transportation development impact fee for the fmancing of street improvements in the area east of Interstate 805. WHEREAS, the Engineer's Report establishes that the transportation facilities necessitated by development within the western portion of the City comprise an integrated network; and WHEREAS, the Western Transportation Development Impact Fee is solely based upon that portion of the project costs which are attributable to new development; and WHEREAS, on March 4, 2008, the City Council of the City of Chula Vista held a duly noticed public hearing at which oral or 'ivritten presentations regarding the Western Transportation Development Impact Fee could be made; and WHEREAS, pursuant to the Municipal Code and California Government Code Sections 66000, et. seq., the City Council has accepted a report entitled "Engineer's Report for the Western Transportation Development Impact Fee" ("Engineer's Report") dated February, 2008 that analyzed the Western Transportation Development Impact Fee necessary to fund transportation facilities needed to serve future development within the westem portion of the City; and WHEREAS, the City's Enviro=ental Review Coordinator has reviewed the proposed activity for compliance with the California Enviro=ental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA; and WHEREAS, the City Council of the City of Chula Vista is placing this ordinance on its fIrst reading which will establish a development impact fee per equivalent dwelling unit (EDU) to finance transportation facilities within the western portion of the City of Chula Vista; and 2-59 ORD # 5 WHEREAS, pursuant to Gove=ent Code Section 66017(a), the fees proposed by this ordinance will not become effective until sixty (60) days after its first reading; and NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista does hereby adopt Chapter 3.55 of the Chula Vista Municipal Code relating to transportation development impact fees to pay for various transportation facilities located on the westside of the City as follows: SECTION 1: Findings The City Council finds, after consideration of the evidence presented to it including the "Engineer's Report for the Western Transportation Development Impact Fee" dated February, 2008, that the creation of a transportation development impact fee is necessary in order to assure that there are sufficient funds available to finance the transportation facilities necessary to serve development west ofI-805; and The City Council finds that new development within the western portion of the City of Chula Vista should be required to mitigate the burden created by development through the construction of transportation facilities; and The City Council finds, based on the evidence presented at the public hearing, and consistent with the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all development within the western portion of the City of Chula Vista for which building permits have not been issued is necessary in order to protect the public health, safety and welfare by providing for the public transportation facilities to assure effective implementation of the City's General Plan; and The City Council finds that the amount of the proposed fees levied by this ordinance does not exceed the estimated cost of providing the transportation facilities. SECTION 2: Chapter 3.55 of the Chula Vista Municipal Code is hereby adopted and shall read as follows: 3.55.010 General intent. The City's General Plan Land Use and Transportation Element requires that adequate public facilities be available to acco=odate increased population created by new development within the City of Chula Vista. The City Council has determined that new development will create adverse impacts on the City's existing public transportation facilities which must be mitigated by the financing and construction of certain public transportation facilities which are the subject of this chapter. New development contributes to the cumulative burden on these public transportation facilities in direct relationship to the amount of vehicular traffic and population generated by the development or the gross acreage of the co=ercial or industrial land in the development. The City Council has determined that a reasonable means of financing the public transportation facilities is to charge a fee on all developments within the western portion of the City. imposition of the Western Transportation Development Impact Fee on all new development for which building 2-60 permits have not yet been issued is necessary in order to protect the public health, safety and welfare, thereby ensuring effective implementation of the City's General Plan. 3.55.020 Definitions. For the purposes oithis chapter, the following words or phrases shall be construed as defined herein, unless from the context it appears that a different meaning is intended. A. "Building permit" means a permit required by and issued pursuant to the Uniform Building Code. B. "City Engineer" means the City Engineer, the City Engineer's designee or the City Manager's designee. C. "Density" means dwelling units per gross acre identified for each planning area shown on the approved tentative map or approved tentative parcel map or as determined by the City Manager's designee. D. "Developer" means the owner or developer of a development. E. "Development permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. F. "Development project" or "development" means any activity described as the following: 1. Any new residential dwelling unit developed on vacant land; 2. Any new connerciaVoffice or industrial development constructed on vacant land; 3. Any expansions to established developments or new developments on nonvacant land in those land use categories listed in subsections (F)(1) and (2) of this section, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase; 4. Any new or expanding special land use project; 5. Any special purpose project developed on vacant land or nonvacant land, or expanded within a pre-existing site, if the result is a net increase in dwelling units. The fee shall be based solely on this net dwelling unit increase; 6. Any other development project not listed above but described in Section 65927 and 65928 of the State Government Code. "Connunity purpose facility" means a facility which serves one of the following purposes: 1. Social service activities, including such services as Boy Scouts and Girl Scouts, Boys and Girls Club, Alcoholics Anonymous and services for the homeless; 2. Public schools; 3. Private schools; 4. Day care; 5. Senior care and recreation; 6. Worship, spiritual growth and development. H. "Western portion of the City of Chula Vista" generally means that area of the City located between the City boundary on the west, Interstate 805 on the east, the City boundary on the north and the City's boundary on the south, as shown on the map entitled "Figure I" of the Engineering study. 1. "Engineering study" and "Engineer's Report" means the Engineer's Report for the Western Transportation Development Impact Fee dated February, 2008 and prepared by City staff on file in the Office of the City Clerk. J. "Regional Arterial System" (RAS) RAS roadways are generally described as those facilities that act as a critical link in providing direct connections between connunitie91enillring system continuity and congestion relief in high volume corridors. They are roadways that are listed in the most recent edition ofSANDAG's Regional Transportation Plan K. "Special land use" meaus any nonresidential, non-commercial/office or nonindustrial development project (e.g., Olympic Training Center, hospitals, utilities), or non-special purpose project. 1. "Special purpose project" meaus any for-profit co=unity purpose facility (e.g., day care). 3.55.030 Public transportation facilities to be fmanced bv the fee. A. The public transportation facilities ("facilities") which are the subject matter of the fee, are listed below as detailed in subsection C of this section and in the Engineer's Report on file in the Office of the City Clerk. B. The City Council may modify or amend the list of projects in order to maintain compliance with the circulation element of the City's General Plan. C. The facilities are as follows: 1. (I-S-1) I-SIB Street NB off-ramp restriping add lane 2. (I-S-2) I-SIB StreetlBay Blvd SB off-ramp restriping add lane 3. (I-S-3) I-SfN'B ramp widening at E, H, J, Ind., Palomar & Main Sts (21 %) 4. (I-S-4) E Street bridge widening over I-S (2S0' X 20' X $3S0/sf) S. (I-S-S) F Street bridge widening over I-S (2S0' X 20' X $3S01sf 6. (I-S-6) I-S/H Street NB off-ramp restriping add lane 7. (I-S-7) I-S/H Street SB off-ramp restriping add lane 8. (I-S-8) H Street bridge widening over I-S (200'X40'X$3S0/sf) 9. (I-S-9) I-SIJ Street NB off-ramp restriping add lane 10. (I-S-10) I-SIJ Street undercrossing widening add EB-NB (17Sx20X$3S0) 11. (I-S-ll) L Street bridge widening overI-S (SfW for peds 300' X 12')(21 %) 12. (I-S-12) I-SIBay Blvd (south ofL St.) SB on/off ramps traffic signal 13. (I-S-13) I-S/Industrial Blvd NB on/off ramps traffic signal 14. (I-S-14) I-S/Palomar Street bridge widening (27SlfX SOlfX $3S0/sf) IS. (I.S-1S) I-S/Main Street NB on/off ramps traffic signal (CV share $120k) 16. (I-S-16) I-S/Main Street bridge widening (27SlfX 20lfX $3S0/sf) 17. (1-5-17) [-5 HOV & Managed Lanes from SR905 to SR54 (63.4% in CI1 18. STM 361 2-62 a. 1-5 Multi-Modal Corridor Study (80% Fed. DEMO funds) b. (SANDAG cost estimate is $4.3M & CV share TBD.) . Interstate-805 Improvements 19. (I-805-1) NB on-ramp widening & metering at Bonita, East H St (EB-NB), Telegraph Canyon Road (project 1-805-1 is 100% funded in 2006 RTIP with State funds.) 20. (l-805-1) Main St 11l1dercrossil1g wide11il1g for EB-NB lelt turn lane State Route 54 Improvements 21. (SR-54-1) SR-54 \VB off-ramp restripe at Broadway 22. (SR-54-2) SR-54 EB off-ramp at N. Fourth Avenue - add ramp lane Regional Arterial System (RAS) Projects 23. (RAS-I) Bonita Road from First Avenue to 1-805 24. (RAS-2) Broadway from C Street to south of Main Street (City Limits) 25. (RAS-3) E Street improvements - First Ave to Bonita RoadIE. Flower St 26. (RAS-4) E Street improvements, 1-5 to 300' east ofNB ramp 27. (RAS-5) E Street LRT grade separation (underpass LRT option) 28. (RAS-6) H Street LRT grade separation (underpass LRT option) 29. (RAS-7) H Street at Broadway EB queue jumper lane & traffic signal modifications 30. (RAS-8) H Street 14'-wide median & street light improvements (same as RAS-9) 31. (RAS-9) H Street widening to 6-lanes from Interstate-5 to Broadway 32. (RAS-I0) H Street improvements from Second Ave to Hilltop Drive 33. (RAS-H) East H St. north side improvements from Hilltop Dr. to I-80S 34. (RAS-12) L Street/Bay Blvd traffic signal & add turn lanes 35. (RAS-l3) L Street improvements south side west of Industrial Blvd 36. (RAS-14) Telegraph Canyon Road at 1-805 south side sidewalk 37. (BAS-iS) Orange A venue from Palomar Street to Hilltop Drive 38. (RAS-16) Palomar Street improvements from 1-5 to I-80S 2-63 39. (RAS-17) MaiD St. improvements from 1-5 to 1-805 (See GPU Table 5.10-6) 40. (RAS-I8) H St/4th Ave add "WB-NB & EB-SB right turillanes 41. (RAS-I9) H St/4thAve add "WB-NB & EB-SB right turillanes General Plan Impacts and Mitigations 42. (GP-l) E. St. from Marina tol-S 43. (GP-2) Marina Parkway from E-J St. 44. (GP-3) L St. from Hilltop to I-80S 4S. (GP-4) Main St. from l-S to Broadway 46. (GP-S) Main St. from Broadway to Hilltop Dr. 47. (GP-6) Third Avenue from L St. to Palomar St. 48. (GP-7) H St. froIIf Marina to 1-5 49. (GP-8) J St. from Marina tol-S Bicycle & Pedestrian Facilities Improvements (21 % WTDIF share per GPU) SO. (BP-I) Bayshore Bikeway (bike path) between E Street & F Streets 51. (BP-l) F Street sidewaJk/bike Jane. improvements from 1-5 to Fourth A venue S2. (BP-3) Industrial Blvd improvements & bike lanes from L St. to Main Street 53. (BP-4) Main Street bike lues from Industrial Blvd & /-805 54. (BP-5) Oruge A ve. bike lanes from Palomar St. to Hilltop Drive , SS:. (BP-6) Develop bicyc1epaths & pedestrian access to Third Avenue Midbayfront Local Coastal Program Roadways 56. (Mid-I) E Street restripe to add EB-NB dual left t\rm to NB 1-5 on-ramp. 57. (Mid-2) 1-5/E St. SB off-ramp widening to add fourth lane 58. (Mid-3) Bay Blvd 15' widening along Westerly Curb Line at E St. approach for I SB/3NB ' 59. (Mid-4) 1-5/E St. NB widen off-ramp to add 3rd lane for Right Turn only lane 60. (Mid-5) E St revisions to median and North Curb Line east of 1-5 to add 3rd "WB lane. 2-64 61. (Mid-6) Marina Parkway 4-lane from ESt. to J St. 62. (Mid-7) E St./Woodlawn Ave EB-SB RT lane plus a Traffic Signal) 63. (Mid-8) E St. at Broadway add WB & EB LT lane + WB & EB RT only lane. plus a Traffic Signal & No RIW costs. 64. (Mid-9) F St/Broadway restriping to provide EB-SB & WB-NB RT lane 65. (Mid-10) H Street widening at Broadway for WB Thru & EB Thru & RT only. Other Roadways 66. (OR-I) N. 4th AvenueiBrisbane Ave traffic signal modifications 67. (OR-2) Second AvenuelD Street all-way stop installation 68. (OR-4) Trmc Mal1agement Center (30 % TDIF/30% WTDIF/40%TSFund) 3.55.040 Territorv to which fee applicable. The area of the City of Chula Vista to which the fee herein established shall be applicable is the territorial limits of the western portion of the City ofChula Vista ("territory") as defined above, as they may from time to time be amended. 3.55.050 Establishment of a fee. A development impact fee ("fee") is hereby established to pay for the facilities within the territory. The fee shall be paid upon the issuance of building permits for each development proj ect within the western portion of the City of Chula Vista. The WTDIF fee in the amounts set forth in CVMC 3.55.030 is hereby established to pay for transportation improvements and facilities within the western portion of the City of Chula Vista. 3.55.060 Deterrmination offees bv land use catel!orv. A. For purposes of this fee, single-family dwelling units shall include single- family detached homes and detached condominiums; multifamily dwelling units shall include attached condominiums, to"l,vnhouses, duplexes, triplexes, and apartments. The density of the development type shall be based on the number of dwelling units per gross acre for single-family or multifamily residential and shall be based upon the densities identified on the approved tentative map or approved tentative parcel map entitling the development unless otherwise approved in writing by the City Manager's designee. B. Co=ercial/office and industrial development projects shall be charged on a per acre or per square footage basis. For purposes of this fee, gross acreage and lor square footage as it applies to the co=ercial, industrial and office development types, means all land area that the City Manager's designee deems necessary within the boundary of the parcel or parcels of the development proj ect for which building permits are being requested. C. The fee multiplied by the total number of dwelling units, square footage or acres within a given development project represents a developer's fair share ("fair share") for that a~5>pment project. 3.55.070 Time to determine amount due. The fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time, and not when the tentative map or final map were granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. No building permit shall be issued unless the development impact fee is paid. The fees shall be deposited into a WTDIF fund, which is hereby created, and shall be expended only for the purposes set forth in this chapter. The Director of Finance is authorized to establish various accounts within the fund for the various improvements and facilities identified in this chapter and to periodically make expenditures from the fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. The City Council finds that collection of the fees. established by this chapter at the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for those facilities and to ensure certainty in the capita! facilities budgeting for the western part of the City. 3.55.080 Puroose and nse of fee. The fees collected shall be used by the City for the following purposes as determined by the City Council: 1. To pay for the construction of facilities by the City, or to reimburse the City for facilities installed by the City with funds from other sources. 2. To reimburse developers who have been required by CYMC3.55.150 A to install improvements that are major streets and are listed in CYMC 3.55.030. 3. To reimburse developers who have been permitted to install improvements pursuant to CYMC 3.55.150 B. 3.55.090 Amount of fee. A. The fee shall be the amounts as set forth below in Table 1. The fee- shall be adjusted: on July I of each year beginning in 2009. The annual inflation adjustment will be 2 % or based on Caltrans highway construction cost index, whichever is higher. The program collects 2% of the total improvement cost estimate for staff administration and an additional I % for SANDAG Administrative costs. B. Adjustments of the fee based upon the annual inflation adjustment or the Caltrans Highway Construction Cost Index shall be automatic and shall not require further action by the City Council. The WTDIF may also be reviewed and amended by the City Council as necessary based on changes in the type, size, location or cost of the facilities to be financed by the fee; changes in land use designation in the City's General Plan; and upon other sound engineering, financing and planning information. 2-66 Table 1 PROPOSED WTDIF FEE PER LAND USE CLASSIFICATION Proposed TDIF Fee Der EDD: . . ..,-c- . Land Use Classification RESIDENTIAL Residential CLOW) Residential (MED) Residential' !HIGH) Mobile Home COMMERCIAL Regional Commercial Community Commercial Nei<!hborhood Commercial Nehhborhood Commercial Street Front Commercial Retail Co=ercial Wholesale Trade OFFICE 1Hi<!h Rise Office 1.ow Rise Office ILOW Rise Office (in thousands of sauare feet) Medica! Office ILODGING IT"OW Rise HotellMotel LOW Rise Hotel or Motel High Rise Hotel INDUSTRY Heavy Industry Warehouse IStoracre Industrial Park Li~ht Industrial I I 0-6 dwe llin~ units aer acre 6.1 To 20 dwellina units ner acre Over 20 dwellina units ner acre Contain 1-5 major dept. stores & lLSually have more than 50 tenants. Typically larger than 40 acres. Smaller in that size than regional. Contain junior Dept. Store or variety Store;( Le. Target Center with other commercial stores)as a major tenant and have 15 to 50 other tenants. Smaller in size, 8-20 acres. Less than 10 acres. Includes supermarket and drua store. May include office spaces. . Same as above but in Sauare Footaae Commercial activities found along major streets, not in a planned center with limited on-site oarkina. Saecialtv Retail/Stria Commercial Usually located near transportation facilities. Structures are usually large and cover majQrity of ~e parcel. Examples are clothing and supply, also includes swan meet areas. More than 100,000 S.F. and 6+ Stories < 6 Stories < 6 Stories Medi.a! and Dental Facilities < 4 Stories < 4 Stories >=4 Stories Shipbuilding, airframe, and aircraft Imanufacturing. Usually located next to transportation facilities and co=ercial areas. IParcels are tvnicallv 20-50 Acre. L.! sually large buildings Ideated near freeways, industrial or strin commercial areas. Office/industrial uses clustered into a center. The primary uses are industrial by may include high ercentages of other uses in service or retail activities. All other industrial uses and manufacturing not included in cateaories abov01- 6 7 I $3,243.00 EDUs TDIF Rate lner EDU .8 per EDU .6 per EDU .5 per EDU $3,243/ DU $2,594/ DU $1,946/DU $1,622/DU 20 EDU/ Acre $64,860 / Acre 28EDU/Acre $90,8041 Acre 48 EDU/ Acre 4.8 EDU/KSF $155,6641 Acre $15,664/KSF 16EDU/Acre 16 EDU/Acre $51,888/Acre $51,888IKSF 24EDU/Acre $77,832/Acre 60EDU/Acre $194,5801 Acre 30 EDU/Acre $97,290IAcre 2EDU/KSF $6,486/ KSF 50 EDU/Acre $162,1501 Acre 20 EDU/ Acre $64,8601 Acre I EDU/Room $3,243 / Room 30 /EDU/ Acre $97,290/ Acre 12EDU/Acre $38,916IAcre 6EDU/Acre $19,458/ Acre 9 EDU/Acre $29,lg7/Acre 20EDU/Acre $64,8601 Acre 3.55.100 Development proiects exempt from the fee. A. Development proj ects by public agencies shall be exempt from the provisions of the fee if those proj ects are designed to provide the public service for which the agency is charged ("public purpose"). B. Co=unity purpose facilities which are not operated for profit ("nonprofit co=unity purpose facilities") are also exempt inasmuch as these institutions provide benefit to the co=unity as a whole, including all land use categories which are the subject matter of the fee. The City CoUncil hereby determines that it is appropriate to spread any impact such nonprofit co=unity purpose facilities might have to the other land use categories subject to the fee. In the event that a court determines that the exemption herein extended to co=unity purpose facilities shall for any reason be invalid, the City Council hereby allocates the nonprofit co=unity purpose facilities' fair share to the City of Chula Vista and not to any of the land use categories which are the subject matter of the development impact land use categories. C. Development projects which are additions or expansions to existing dwelling units or businesses, except special land use projects, shall be exempt if the addition or expansion does not result in a net increase in dwelling units or co=erciallindustrial acreage. 3.55.110 Authority for acconntine: and expenditures. . A. The fees collected shall be deposited into a Western Transportation Development Impact Fee financing fund ("WTDIF fee fund," or "fund"), which is hereby created and shall be expended only for the purposes set forth in this chapter. B. The director of finance is authorized to establish a single fund for the various facilities identified in this chapter and to periodically make expenditures from the fund for the purposes set forth herein. 3.55.120 Findine:s. The City Council finds that: A. Collection of the fee established by this chapter at the time of the building permit issuai"lce is necessary to provide funds for the transportation facilities identified in CYMC 3.55.030 and to ensure certainty in the capital facilities budgeting for growth impacted public transportation facilities; and B. The purpose of the Fees hereby enacted prevents new development from reducing the quality and availability of public transportation infrastructure facilities provided to residents of the City by requiring new development to contribute to the cost of additional capital transportation infrastructure improvements needed to meet the growth generated by such development; and C. The revenue from the fees hereby enacted will be used to construct public facilities and infrastructure and pay for other capital expenditures needed to serve new development as identified in the Engineer's Report dated February, 2008; and D. Based on analysis presented in the Engineer's Report there is a reasonable relationship between 1. The use of the fees and the types of development projects on which they are imposed and 2. The need for facilities and the types of development projects on which .the fees are imposed. 3. The amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. 2-68 3.55.130 Fee additional to other fees and chaTl!es. This fee is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments 3.55.150 Developer construction of transportation facilities. A. Whenever a developer of a development project would be required by application of City law or policy, as a condition of approval of a development permit to construct or finance the construction of a portion of a transportation facility identified in Section 3.55.030 the City Council may impose an additional requirement that the developer install the improvements with supplemental size, length or capacity in order to ensure efficient and timely construction of the transportation facilities network. If such a requirement is imposed, the City Council shall, in its discretion, enter into a reimbursement agreement with the developer, or give a credit against the fee otherwise levied by this chapter on the development project, or some combination thereof. B. Whenever a developer requests reimbursement, or a credit against fees, for work to be done or paid for by the developer under subsection (A) of this section, the request shall be submitted in writing to the City Manager's designee. 1. The request shall contain a description of the proj ect with a detailed cost estimate which itemizes those costs of the construction attributable to the transportation facility proj ect and excludes any work attributable to a specific subdivision proj ect. The estimate is preliminary and the amount of reimbursement or credit against fees is subject to final determination by the City Manager's designee. Additional information shall be provided to the City by the developer upon request of the City. 2. Such reimbursement or credit against fees shall be subject to the follQ\.ving conditions: a. Requirements of Developer. i. Preparation of plans and specifications for approval by the City; ii. Secure and dedicate any right-of-way required for the transportation facility project; iii. Secure all required permits and environmental clearances necessary for the transportation facility project; i v. Provision of performance bonds (where the developer intends to utilize provisions for immediate credit, the performance bond shall be for 100 percent of the value of the transportation facility project); v. Payment of all City fees and costs. b. The City will not be responsible for any of the costs of constructing- the transportation facility project. The developer shall advance all necessary funds to construct the transportation facility project. c. The developer shall secure at least three qualified bids for work to be done and shall award the construction contract to the lowest qualified bidder. The developer may combine the construction of the transportation facility project with other development-related work and award one construction contract for the combined work based on a clearly identified process for determining the low bidder, all as approved by the City Manager's designee. Should the construction contract be awarded to a qualified bidder who did not submit the lowest bid for the transportation facility proj ect portion of the contract, the developer will only receive transportation development impact fee credit based on the lowest bid for the transportation facility portion of the contract. Any claims for additional payment for extra work or charges shall be justified, shall be documented to the satisfaction of the City Manager's designee and 2-69 shall only be reimbursed at the prices for similar work included in the lowest bid for the transportation facility portion of the contract. d. Upon complying with the conditions set forth in subsections (B)(l) and (B)(2)(a) of this section as determined by the City and upon approval of the estimated cost by the City Manager's designee, the developer shall be entitled to immediate credit for 50 percent of the estimated cost of the construction attributable to the transportation facility project. Once the developer has received valid bids for the project which comply with subsection (B)(2)(c) of this section, entered into binding contracts for the construction of the project, and met the conditions set forth in subsections (B)(l) and (B)(2)(a) of this section as determined by the City, all of which have been approved by the City Manager's designee, the amount of the immediate credit shall be increased to 75 percent of the bid amount attributable to the transportation facility project. The immediate credits shall be applied to the developer's obligation to pay transportation development impact fees for building permits issued after the establishment of the credit. The developer shall specify these building permits to which the credit is to be applied at the time the developer submits the building permit applications. e. If the developer uses all of the immediate credit before final completion of the transportation facility project, then the developer may defer payment of development impact fees for other building permits by providing to the City liquid security such as cash or an irrevocable letter of credit, but not bonds or set-aside letters, in an amount equal to the remaining amount of the estimated cost of the transportation facility proj ect. f. When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the transportation facility project to the City. The City Manager's designee shall make the final determination on expenditures which are eligible for credit or cash reimbursement. g. After final determination of eligible expenditures has been made by the City Manager's designee and the developer has complied with the conditions set forth in subsection (B) of this section, the final amount of transportation development impact fee credits shall be determined by the City Manager's designee. The developer shall receive credit against the deferred fee obligation in an amount equal to the difference between the final expenditure determination and the amount of the 75 percent immediate credit used, if any. The City shall notify the developer of the final deferred fee obligation, and of the amount of the applicable credit. If the amount of the applicable credit is less than the deferred fee obligation, then the developer shall have 30 days to pay the deferred fee. If the deferred fees are not paid within the 30-day period, the City may make a demand against the liquid security and apply the proceeds to the fee obligation. h. At the time building permits are issued for the developer's project, the City will incrementally apply credit which the developer has accrued in lieu of collecting the required transportation development impact fees. The amount of the credit to be applied to each building permit shall be based upon the fee schedule in effect at the time of the building permit issuance. The City Manager's designee shall convert such credit to an EDU basis for residential development and/or a gross acre basis for co=ercial or industrial development for purposes of determining the amount of credit to be applied to each building permit. i. If the total eligible construction cost for the transportation facility project is more than the total transportation development impact fees which will be required for the developer's project, then the amount in excess of development impact fees will be paid in cash when fimds are available as determined by the City Manager; a reimbursement agreement will be executed; or the developer may waive reimbursement and use the excess as credit against future transportation development impact fee oblig~tions. Th~ ~ity may, in its discretion, enter into an agre=ent with the developer to convert~xJegs credit mto EDD and/or gross acre credits for use against future development impact fee obligations at the fee rate in effect on the date of the agreement. j. The requirements of this subsection (B) of this section may, in the City's discretion, be modified through an agreement between the developer and the City and approved by City Council. C. "Whenever a transportation development impact fee credit is generated by constructing a transportation facility using assessment district or community facilities district financing, the credit shall only be applied to the transportation development impact fee obligations within that district. 3.55.160 Procedure for fee waiver or reduction. A. Any developer who, because of the nature or type of uses proposed for a development proj ect, contends that application of the fee imposed by this chapter is unconstitutional, or unrelated to mitigation of the traffic needs or burdens of the development, may apply to the City Council for a waiver, reduction, or deferral of the fee. A development which is designed and intended as a temporary use (10 years or less) and which is conducted in facilities which are, by their nature, short-term interim facilities such as a portable or modular building (including mobile homes, trailers, etc.) may qualify for a waiver, reduction, or deferral. In addition, a deferral may be granted on the basis of demonstrated economic hardship on the condition that: (1) the use offers a significant public benefit; (2) the amount deferred bears interest at a fair market rate so as to constitute an approximate value equivalent to a cash payment; and (3) the amount deferred is adequately secured by agreement with the applicant. Unless the requirement for timely filing is waived by the City, the application shall be made in writing and filed with the City Clerk not later than 10 days after notice of the public hearing on the development permit application or the project is given, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or reduction. B. The City Council shall consider the application at a public hearing on same, notice of which need not be published other than by description on the agenda of the meeting at which the public hearing is held. Said public hearing should be held within 60 days after its filing. The decision of the City Council shall be final. If a deferral, reduction or waiver is granted, it should be granted pursuant ,to an agreement with the applicant, and the property owner, if different from the applicant, providing that any change in use within the project shall subject the development to payment of the full fee. The procedure provided by this section is additional to any other procedure authorized by law for protesting or challenging the fee imposed by this chapter. 3.55.170 Exemptions. Development projects by public agencies shall be exempt from the provisions of this fee. Exempt development uses with the following characteristics or activities as a principal use of land, generally described as "co=unity purpose facility" as defined above in CYMe Section 3.55.020. 2-71 3.55.180 Assessment districts. If any assessment or special taxing district is established for any or all of the facilities listed in Section 3.55.030 the owner or developer of a project may apply to the City Council for a credit against the fee in an amount equal to the development's attributable portion of the cost of the authorized improvements as determined by the City Manager's designee, plus incidental costs normally occurring with a construction proj ect, but excluding costs associated with assessment district proceedings or financing. 3.55.190 Economic incentive credit. The City Council may authorize the City to participate in the financing of transportation facility projects or portions of transportation facility projects as defined in Section 3.55.030 at the time of the appropriation of funds by City Council for the construction of an eligible transportation facility, the City shall be eligible to receive a credit known hereafter as an economic incentive credit. Such economic incentive credit may be applied to development impact fee obligations for those projects which the City Council determines, in its sole discretion, to be beneficial to the City. The use of the economic incentive credit may be subject to conditions which shall be set forth in a written agreement betvveen the developer of the project and the City and approved by City Council. The City may receive economic incentive credit only for those eligible projects identified in Section 3.55.030 for amounts of funding not identified in the financial and engineering study "Western Transportation Development Impact Fee" report dated February 2008. 3.55.195 FUIlIld loans. A. B. Loans by the City. The City may loan funds to the fund to pay for facilities should the fund have insufficient funds to cover the cost of said facility. Said loans, if granted, shall be approved upon the adoption of the annual City budget or upon resolution of the City Council and shall carry interest rates as set by the City Council for each fiscal year. A schedule for repayment of said loans shall be established at the time they are made and approved by the Council, with a maximum term not to exceed the life of the fund. Developer Loans. A developer may loan funds to the City as outlined in CVMC 3.55.150. The City may repay said developer loans with interest, under the terms listed in subsection (A) of this section. 3.55.200 Effective date. This chapter shall become effective SECTION 3: Effective Date This Ordinance shall become effective 60 days after its second reading and adoption. Jack Griffin Engineering and General Services Director Approved as to form by 0.- YYl/-~ Ann Moore City Attorney 2-72 Presented by CITY COUNCIL AGENDA STATEMENT :s'Yf:.. CITY OF -~ CHULA VISTA ,.., March 18, 2008, Item~ SUBMITTED BY: ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.25 TO THE CHULA VISTA MUNICIPAL CODE PERTAINING TO GENERAL RULES GOVERNING THE CITY'S BOARDS AND COMMISSIONS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RESCINDING RESOLUTION NUMBERS 4880, 5654, 8149, 9542, 12112, AND 13906 AND CERTAIN COUNCIL POLICIES AND MINUTE ACTIONS PERTAINING TO BOARDS AND C$?~".MISSIONS Donna Norris, Interim City Clerk P Sharon Marshall, Senior Assistant City Attome;J9~ ITEM TITLE: 4/STHS VOTE: YES D NO ~ SUMMARY A number of redundancies and inconsistencies were discovered in the rules governing the City's boards and commissions. These rules are currently spread among the City Charter, Municipal Code, Council Policy Manual, and Council minute actions. Adoption of the ordinance and resolution is the first action needed to consolidate and clarify the general operating procedures for the City's boards and commissions. 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 defmed under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; 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 Council place the ordinance on first reading and adopt the resolution. 3-1 March 18,2008, Item 3 Page 2 on BOARD/COMMISSION RECOMMENDATIONS The Legislative Subcommittee has reviewed and approved the proposed ordinance, as well as the proposed rescission of the Council Policies. All of the affected Boards and Commissions were notified, and some, as follows, requested specific changes to the existing rules: The Board of Library Trustees recommended increasing the number of members from five to seven. The Nature Center Board of Trustees recommended changing the number of members from a minimum of five, maximum of nine to seven. The Safety Commission voted in June 2006 to change its name from Safety Commission to Traffic Safety Commission. DISCUSSION The City Clerk is responsible for assisting the Mayor and Council in the appointment process for all boards and commissions. The City Clerk also posts state-mandated notices when vacancies occur, collects attendance and activity reports, and houses the boards' and commissions' minutes and resolutions. It became apparent that there is little consistency in the City's rules governing boards and commissions. Rules are scattered throughout several sources: the City Charter, Municipal Code, Council Policy Manual, and Council minutes. With slight but often significant variations, the scattered rules create confusion among staff, elected officials, the public, and among the persons most affected by the rules - the many volunteer appointees to the boards and commissions. In 2005, the former City Clerk, in conjunction with the Senior Assistant City Attorney and a legislative consultant, launched a project to simplify the myriad of rules governing boards and commissions. This has been an ongoing project, involving meetings between the City Attorney's office and the City Clerk's office, as well as notification to and/or meetings with the various boards and commissions. The proposed general rules are drawn primarily from consolidating existing rules located in Chula Vista Municipal Code chapters 2.26 through 2.46. Some rules are drawn from existing Council Policies; others are repeated from Charter provisions governing boards and commissions. The proposed general rules govern a broad range of topics that affect boards and commissions. Adoption of general rules and the rescission of Council Policies related to boards and commissions are the next steps toward the completion of this project. Once these actions have been taken, staff will bring forward approximately 22 ordinances amending Municipal Code chapters 2.26 through 2.46 to remove individual board or commission operating rules from each chapter. These ordinances will only include provisions for Creation, Functions and Duties, Purpose and Intent, and Membership. 3-2 March 18, 2008, ItemL Page 3 of3 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)(1) is not applicable to this decision. FISCAL IMPACT There is no fiscal impact to the general fund. ATTACHMENTS Ordinance adding chapter 2.25 to the Chula Vista Municipal Code pertaining to general rules governing the City's boards and commissions Resolution rescinding certain resolutions and Council policies related to the City's boards and commissions Prepared by: Donna Norris, Interim City Clerk 3-3 ORDINANCE NO. 2008- ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.25 TO THE CHULA VISTA MUNICIPAL CODE PERTAINING TO GENERAL RULES GOVERNING THE CITY'S BOARDS AND COMMISSIONS WHEREAS, the City Clerk has identified redundancies and inconsistencies in the rules governing operating procedures for the City's boards and commissions; and WHEREAS, these rules are currently spread among the City Charter, Municipal Code, Council Policy Manual and City Council minutes, with some in conflict with one another; and WHEREAS, consolidating rules in one location will eliminate confusion, increase staff efficiency, and clarify the rules for the benefit of board and commission members, and the general public; and WHEREAS, clearly defmed rules that are consistent and equitable among the various boards and commissions will allow for more consistent and effective training for board and commission members; and WHEREAS, all rules should conform with current City Charter provisions and not conflict with each other; and WHEREAS, to the extent that these general rules conflict with ordinances relating to specific boards and commissions that have not been changed, the rules adopted by this ordinance shall prevail; and NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION 1. Chapter 2.25 is hereby added to the Chula Vista Municipal Code to read as follows: Chapter 2.25 GENERAL RULES FOR BOARDS AND COMMISSIONS 2.25.010 Applicability. Unless otherwise specially stated in this chapter or in the ordinance creating the particular board or commission, CVMC chapter 2.25 applies to all boards and commissions, whether created by City Charter, ordinance, state or other law. If there is a conflict between the Charter and the Municipal Code, Charter provisions shall prevaiL 3-4 2.25.020 Defmitions. For purposes of this chapter, the following words are defmed: A. "Abandonment" means the intentional relinquishment of voting membership on a board or commission without a formal resignation having been submitted to the City. B. "Boards and Commissions" include: (I) Boards and commissions established by the Chula Vista Charter: Board of Library Trustees, Civil Service Commission, Parks and Recreation Commission, and Planning Commission; and (2) Boards and Commissions established by the City Council: Access Appeals Board, Board of Appeals and Advisors, Board of Ethics, Charter Review Commission, Child Care Commission, Commission on Aging, Cultural Arts Commission, Design Review Board, Economic Development Commission, Growth Management Oversight Commission, Housing Advisory Commission, Human Relations Commission, International Friendship Commission, Mobilehome Rent Review Commission, Nature Center Board of Trustees, Resource Conservation Commission, Traffic Safety Commission, Veterans Advisory Coinmission, and other boards or commissions subsequently created by City Charter or ordinance. C. "Brown Act" means the Ralph M. Brown Act, Government Code section 54950 et seq., commonly referred to as the Brown Act or the California Open Meeting Law. D. "Cause" includes: (I) conviction of a felony or crime involving moral turpitude; (2) absence from three regular, consecutive meetings of the board or commission, unless excused by majority vote of its members, as expressed in its official minutes; (3) absence from more than 50% of the regularly scheduled meetings of the board or commission in one calendar year, whether or not excused by a majority vote of its members; (4) abandonment; (5) failure to attend training sessions mandated by the City; or (6) violation of any City policies or City, state or federal regulations that are the subject of mandatory training sessions. E. "Entire voting membership" or "entire membership" means those individuals who have been appointed to, have been sworn in to serve on, have not been removed from, have not vacated their seat on, and who are eligible and entitled to vote as members of a board or commission. It does not include ex-officio members and does not include seats specified in the ordinance creating the board or commission but are not filled. The City Council intends that this definition clarify the term "entire membership" as used in section 603 of the City Charter. F. "Ex-officio members" means the individuals who are appointed by the City Council to serve in an advisory capacity on a board or commission, but who are not entitled to vote or to make motions. "Ex-officio members" do not include City staff who provide information to or sit with a board or commission. G. "Member" means an individual who has been appointed to, has been sworn in to serve on, has not been removed from, and who has not vacated his or her seat on a board or commission. "Members" includes voting members and ex-officio members. H. "Registered voter" means an individual who is registered to vote in City of Chula Vista elections. 1. "Resignation" means a formal renouncement or relinquishment of voting membership on a board or commission. 3-5 J. "Vacancy" or "event of vacancy" means any of the following events: 1. Expiration of a member's term of office; 2. The death of a member; 3. A member has been removed for cause by three affIrmative votes of the City Council; 4. The disability of a member that renders the member incapable of performing the duties of his or her office; 5. A member's conviction of a felony or crime involving moral turpitude; 6. A member's abandonment of office; 7. A member's absence from three regular, consecutive meetings of the board or commission, unless excused by majority vote of the members and expressed in its official minutes; 8. A member's absence from 50% of the regularly scheduled meetings in one calendar year, whether or not excused by majority vote of the board or commission; 9. A member has submitted a resignation that has been accepted by the City Council; 10. A member ceases to be a registered voter of the City when that criterion is required for membership on a board or commission; 11. A member loses the status or classifIcation that qualifIed the individual to become a member of a particular board or commission; or 12. A member becomes a salaried officer or employee ofthe City. K. "Voting member" means an individual appointed by the City Council who is entitled to vote and make motions in his or her capacity as a member of a board or commission. 2.25.030 Membership - Qualifications and eligibility as voting member. This section implements City Charter section 602( d) and policies consistent with other portions of the Charter pertaining to qualifications for voting membership and eligibility to serve on boards and commissions. A. Except as provided in subsection B, voting members of boards and commissions shall be registered to vote in City of Chula Vista elections. B. Voting members of boards and commissions who are advisory only and whose duties involve regional issues are not required to be registered to vote in City of Chula Vista elections; however, the appointment of individuals who are not registered voters must be approved by four affirmative votes of the City Council. 3-6 C. An individual is ineligible to be appointed to serve simultaneously on more tban one Charter-created board or commission, specifically, tbe Board of Library Trustees, Civil Service Commission, Parks and Recreation Commission, and Planning Commission. D. An individual may be eligible to serve on one Charter-created board or commission and one Council-created board or commission so long as tbe individual's service on tbe two boards or commissions would not result in an incompatibility of office. The City Attorney shall make tbe determination of whetber or not an incompatibility of office would result from an individual's service on two boards or commissions. E. A salaried officer or employee of tbe City is not eligible to be appointed to a board or commission. 2.25.040 Membership - Qualifications and eligibility as ex-officio member. The City Council may appoint ex-officio members to any board or commission because of particular background or experience tbat tbe City Council deems will assist a particular board or commission in handling a discrete set of issues. Ex -officio members are not required to be registered voters, are not subject to term limits, and are not entitled to vote or to make motions. 2.25.050 Membership - Applications; interview, nomination and appointment process. A. The City Clerk shall maintain applications for prospective membership on boards and commissions. The application shall provide a place for an individual to state the reasons he or she seeks appointment to a particular board or commission and his or her qualifications for service on a particular board or commission. B. An individual who has submitted an application for appointment as a voting or ex-officio member of any board or commission may be interviewed as part of the nomination and selection process. C. When a vacancy occurs on a board or commission, tbe City Clerk shall forward applications received for tbe vacant position to tbe Mayor, who shall review tbe forwarded applications, select applicants to be interviewed, interview selected applicants, and make nominations for appointment, subject to tbe City Council's approval, for all boards and commissions except for tbe Board of Ethics, Civil Service Commission, Mobilehome Rent Review Commission, Planning Commission, and Parks and Recreation Commission. D. The Mayor shall forward applications for membership on tbe Board of Ethics to a panel consisting of at least two City Managers from cities in San Diego County, excluding Chula Vista. The panel shall review tbe applications, interview applicants, and make a recommendation to the City Council for appointment. E. The Mayor and each Councilmember shall independently review forwarded applications for positions on tbe Planning Commission and Parks and Recreation Commission and notify tbe City Clerk in writing of one or more applicants each wishes to nominate for an interview. The City Clerk shall tally tbe nominations. The Mayor and City Council shall set a time collectively to interview each applicant receiving two or more nominations. Following interviews, tbe Mayor and City Council shall select one individual for each available position. 3-7 F. The nomination and appointment process for the Civil Service Commission shall be conducted in accordance with Charter section 609 and CVMC section 2.43.050. G. The nomination and appointment process for the Mobilehome Rent Review Commission shall be conducted in accordance with CVMC chapter 2.31 and this subsection. I. The Mayor shall review applications for all ex-officio members and one voting member, select applicants to be interviewed for those positions, interview selected applicants, make nominations for appointment subject to the City Council's approval, and schedule a vote on the nominations on the next available Council meeting's agenda. 2. The four remaining voting positions are tied to a particular Council seat. When a vacancy occurs in one of the four positions, the City Clerk shall forward applications to the Councilmember filling the corresponding Council seat. The Councilmember shall review the applications, select applicants to be interviewed, and interview selected applicants. The Councilmember shall then nominate an applicant for appointment to the available position and request that the nomination be scheduled for vote on the next available Council meeting's agenda. H. Members of each board and commission shall be appointed by at least three affirmative votes of the City Council. 2.25.060 Membership - Oath of office; effective date of taking office. The City Clerk or his or her designee shall administer the oath of office to newly appointed voting and ex-officio members. Newly appointed voting members must take the oath of office before they may vote as a member of the board or commission to which they have been appointed. Voting members assume their office on the date they take the oath of office. 2.25.070 Membership - Terms; Initial terms for new boards and commissions. Initial terms of office for newly established boards or commissions shall be determined in accordance with City Charter section 602(b). 2.25.080 Membership - Terms; Standard term of office; holdover office A. The standard term of office for board and commission members is four years. The standard term begins July I and ends June 30 four years later. B. At the end of any voting member's term, he or she shall be permitted to continue to exercise the privileges of his or her former office until the office is filled by the appointment of a qualified successor. 2.25.090 Membership - Terms; Two-consecutive-term limit for voting members; exceptions. A. Members may be appointed to more than one four-year term, but are limited to serving as voting members for a maximum of two consecutive terms, except as provided in CVMC subsection 2.25.IOOC. 3-8 B. An individual who has served two consecutive terms as a voting member may be reappointed to the same board or commission after an interval of two years has passed. 2.25.100 Membership - Terms; Filling unexpired terms. A. If a vacancy on any board or commission occurs prior to the expiration of a term of office for a voting member, any appointment to fill the vacancy shall be for the remaining unexpired term of office. B. A voting member who currently sits on a particular board or commission may not be appointed to fill the unexpired term of another voting member's vacated seat on that same board or commission. An individual who currently sits as an ex-officio member of a board or commission may be appointed to fill the unexpired term of a voting member's vacated seat on the same board or commission if the ex -officio member meets the eligibility criteria for voting membership. The appointment process shall be the same as provided for in CYMC section 2.25.050. C. An unexpired term with fewer than two years remaining is not considered a "term" for purposes of the two-consecutive-term limit set forth in CYMC section 2.25.090. Therefore, an individual appointed to fill an unexpired term of less than two years may subsequently be appointed to two full terms. D. An unexpired term of two years or more is considered a "term" for purposes of the two-consecutive-term limit set forth in CYMC section 2.25.090. Therefore, an individual appointed to fill an unexpired term of two years or more may subsequently be appointed to only one additional, consecutive term. E. For purposes of determining whether the unexpired term of a vacated seat is less than, more than, or equals two years, the starting date of the unexpired term shall be the date the new appointee takes the oath of office, and the end date of the unexpired term shall be the expiration date of the vacating member's term of office. 2.25.110 Attendance requirements; excused absences; removal for cause. A. The City Council relies on advice of the City's boards and commissions that grows from discussions among appointed members. The City Council anticipates that members appointed to the City's boards and commissions will make every reasonable effort to attend all regular meetings of their respective boards or commissions, to attend special meetings, and to be prepared to discuss matters on their respective agendas. B. The City Charter requires that any board or commission member who is absent from three consecutive, regular meetings will be deemed to have vacated his or her membership on the particular board or commission, unless his or her absence is excused by a majority vote of the other members, as reflected in the official minutes of the board or commission. C. Board and commission members, by a majority vote, may excuse a fellow board or commission member's absence from meetings for any of the following reasons: I. of the member; Illness of the member, family member of the member, or personal friend 3-9 2. Business commitment of the member that interferes with the attendance of the member at a meeting; 3. Previously scheduled vacation of the member, notice of which was provided to the respective board or commission in advance of the meeting; 4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly significant event; or 5. Other reason for which the member has given notice to the chair or secretary of his or her unavailability 15 days in advance, as long as the unavailability is not expected to last for longer than 30 days. D. Members shall vote on excusing a member's absence from a regular meeting. The vote shall be reflected in the official minutes for the meeting at which the vote was taken. E. A Council subcommittee comprised of the Mayor and Deputy Mayor shall monitor the attendance records of board and commission members submitted by board and commission chairs pursuant to CYMC section 2.25.290. The subcommittee may make recommendations to the full Council for a vote on the removal of a member for cause. A voting or ex-officio member may be removed for cause by three affirmative votes of the City Council. 2.25.120 Attendance reports required annually. The secretary for each board and commission shall prepare an annual written report of attendance, noting the percentage of absences of members for the preceding fiscal year. The report shall be delivered to the City Clerk no later than June 30th of each year. The City Clerk shall forward the report to the Mayor, who may use this information in considering reappointment to second terms. 2.25.130 Code of ethics. Voting and ex-officio members of boards and commISSIOns are public officials and, therefore, act as agents for the public's purpose and hold office for the public's benefit. As public officials, they are bound to uphold the law, observe in their official acts a high standard of morality and discharge faithfully the duties of their office, recognizing that the public interest must be a primary concern. Members of boards and commissions are expected to conform to the City's Code of Ethics, found in CVMC chapter 2.01. If a board or commission member is in doubt about whether the Code of Ethics applies to a particular situation, the member may request in writing an advisory opinion from the Board of Ethics. 2.25.140 Compensation and expenses; use of business cards. A. services. Members of boards and commissions shall serve without compensation for their 3-10 B. Members of boards and commissions may receive reimbursement for necessary travel and other expenses incurred on official duty to the extent that appropriations for such expenses have been provided by the City Council in approving the board or commission's budget. C. Members of boards and commISSIOns are authorized to use business cards showing their affiliation with their particular board or commission only if: 1. Business cards are used in relation to the duties and functions of the particular board or commission; 2. City funds are used to pay for the business cards; and, 3. Appropriations for such expenses have been provided by the City Council in approving the budget for the particular board or commission. 2.25.150 Conflicts of interest; recusal from discussion and voting. A. Voting and ex-officio members of certain boards and commissions may be required to file statements of economic interest as determined in the City's Conflict of Interest Code. The City Clerk will notifY members who are required to file the statements. B. The state's Political Reform Act and the City's Conflict of Interest Code state that no person shall make or participate in the making of a governmental decision that he or she knows, or has reason to know, will have a reasonably foreseeable material financial effect on him or her distinguishable from its effect on the public generally. The Political Reform Act and implementing regulations require a public official diligently to monitor his or her business interests, real property, sources of income, gifts, and personal finances to ensure that he or she does not participate in an action in which he or she has a conflict of interest. C. When a member has a conflict of interest, or the appearance of a conflict of interest, he or she must publicly state the nature of the conflict. Unless the item is on the consent calendar, the member must step down from the dais or table and leave the room until consideration of the particular item is finished. Additionally, the disqualified member may not be counted toward achieving a quorum while the item is being discussed. A member may consult the City Attorney if he or she has a question about whether or not a conflict exists and whether or not he or she should disqualifY himself or herself from discussing or voting on an Issue. 2.25.160 Mandatory training sessions. A. Board and commission members are required to attend periodic training sessions on ethics laws as specified in California Government Code 953234. Board and commission members shall participate in mandatory training sessions in the first year of appointment to their particular board or commission, and at least once every two years thereafter. The City Attorney or his or her designee will provide sufficient opportunities to board and commission members to allow them to fulfill this requirement. The City Attorney or his or her designee shall monitor members' attendance at mandatory training sessions within the required time period. The City Attorney or his or her designee shall notifY the City Clerk, who shall notifY the Mayor, if a member fails to attend mandatory training sessions within the required time period. 3-11 B. Board and commission members may be required to attend periodic additional training sessions on the City's Code of Ethics, Brown Act requirements, sexual harassment laws and policies, and other laws or City policies as may be determined. C. The secretary of each board or commission shall be responsible for notifying members in writing of dates, times and locations of training sessions. D. The failure of a board or commission member to attend a mandatory training session may be considered cause for removal from the particular board or commission to which he or she has been appointed. 2.25.170 Operations - Bylaws may be adopted. Boards and commissions may adopt bylaws governing the internal conduct of their affairs. The bylaws must be consistent with the City Charter, the Municipal Code, and applicable state law and shall include the method for their amendment. The original bylaws and any amendments to the bylaws shall be delivered to the City Clerk for preservation. 2.25.180 Operations - Election of chair and vice chair. At the first regular board or commission meeting following July 1 of every year, or as soon as practicable thereafter, each board or commission shall elect a chair from among its voting members. Each board and commission may also elect a vice chair from among its voting members. The chair and any vice chair thus selected shall serve for a period of one year. The secretary shall notify the City Clerk whenever there is a change in chair or vice chair. 2.25.190 Operations - Duties of chair, vice chair and chair pro-tem. The chair shall serve as presiding officer at meetings. In the absence of the chair, the vice chair, if any, shall serve as presiding officer. In the absence of the chair and the vice chair, if any, the secretary shall call the meeting to order, and the voting members shall select a chair pro-tem from any of the board or commission's voting members for purposes of conducting business at that meeting. 2.25.200 Operations - Regular meetings required; special meetings allowed; time and location to be established by resolution; Brown Act requirements. A. As required by the City Charter, boards and commissions shall hold regular meetings. Except as otherwise stated in this section, each board or commission shall hold its regular meetings at least monthly. Each board or commission shall establish the day, time and location for its regular meetings by written resolution. A board or commission may change its regular meeting day, time or location only by a written resolution. 1. The Access Appeals Board shall meet on an as-needed basis, as determined by the filing of disabled access complaints, but shall hold no more than one meeting each month at a time designated by the chair, or at 4:00 p.m. on the second Monday of each month, immediately prior to the meeting of the Board of Appeals and Advisors. 3-12 2. The Board of Ethics shall hold meetings at the call of the chair or a majority of its members. The Board shall hold at least one meeting annually. 3. The Charter Review Commission shall hold at least one regular meeting annually. Additionally, during years when regularly scheduled General Municipal Elections are held, the commission shall meet no later than the frrst Wednesday of the seventh month preceding the next regularly scheduled general municipal election. By written resolution, the commission may establish other regular meeting times. 4. The Growth Management Oversight Commission shall hold meetings at the call of the chair and shall meet no later than the frrst week of January of each year. By written resolution, the commission may establish other regular meeting times. 5. The Nature Center Board of Trustees shall meet every other month. By written resolution, the board may establish other regular meeting times. B. In addition to regular meetings, boards and commissions are authorized to call and hold any special meetings they deem necessary, as long as the meetings are properly noticed. No written resolution is required to call a special meeting. C. As a general rule, boards and commissions shall hold their regular and special meetings at a City facility. Boards and commissions may hold their meetings from time to time in other locations within the City, as long as meetings are properly noticed. D. All board and commission meetings shall be noticed and held in accordance with the requirements of the Brown Act. 2.25.210 Operations - Agenda preparation, posting, and availability. A. Agendas must be prepared for all meetings in accordance with Brown Act requirements. Items may be placed on the agenda by the chair, by majority vote of the members, or by City staff. The secretary for each board or commission shall prepare meeting agendas in consultation with the chair. The secretary shall forward the agenda and supporting documents and materials to members in sufficient time in advance of a meeting to allow them to review the materials prior to the meeting. Agendas and supporting documents shall be made available to the public at the same time they are provided to the board or commission. B. The board or commission secretary shall post agendas for regular meetings at least 72 hours prior to the meeting in a place visible and accessible to the public 24 hours each day. The secretary shall post agendas for special meetings at least 24 hours prior to the meeting in a place visible and accessible to the public 24 hours each day. C. The board or commission secretary shall forward agendas to the Mayor, City Council, City staff designated to assist a particular board or commission, and individuals who have submitted a written request for meeting information, at least 72 hours in advance of regular meetings and at least 24 hours in advance of special meetings. Agendas shall be made available to the public at least 72 hours in advance of regular meetings, and at least 24 hours in advance of special meetings, and at all meetings. 3-13 D. The agenda for each board or commission meeting shall provide time for the public to comment on each item on the agenda. The agenda shall also include a section for public comments on matters not listed on the agenda but within the jurisdiction of the particular board or commission. 2.25.220 Operations - Meeting cancellation; notice required. A. A meeting may be cancelled because of a lack of a quorum of voting members or the lack of agenda items. B. If the board or commission secretary has advance notice that a meeting will not be held, the secretary shall post a notice of cancellation in lieu of posting or mailing an agenda for the meeting. C. If a quorum of voting members cannot be assembled on the date and at the time a meeting is scheduled to be held, the secretary shall declare the meeting cancelled and post a notice of cancellation of the meeting on the door of the room where the meeting was to be held. 2.25.230 Operations - Minutes required; form and content; retention of recordings. A. The board or commission secretary shall prepare minutes for all meetings. The secretary shall present the minutes at a subsequent meeting for approval by the board or commission members. The secretary shall transmit the original minutes to the City Clerk for permanent preservation immediately after the board or commission has approved the minutes. The secretary shall transmit copies of minutes of all meetings to the City Council within ten days of approval. B. Minutes shall contain a record of each particular type of business transacted, set off in paragraphs with proper subheadings. The secretary shall be required to make a record only of the business actually passed upon by a vote of the board or commission members and shall not be required to make a verbatim transcript of the proceedings. A record shall be made of the name and city of residence of persons addressing the board or commission, the title of the subj ect to which their remarks related, and whether they spoke in support of or in opposition to the matter. C. The board or commission secretary shall retain recordings of meetings, if any are made, only for the purpose of accurately preparing minutes. When the board or commission formally approves the minutes of a particular meeting, the secretary shall cause the recording for that meeting to be erased without further Council authorization; except that recordings for a meeting involving a public hearing shall be kept for one year from the date of the public hearing. The secretary shall cause the tapes for that meeting to be erased without further Council authorization. 2.25.240 Operations - Quorum and voting requirements. Unless otherwise required by state law or this chapter, the affmnative vote of a majority of the entire voting membership of any board or commission shall be necessary for it to take any action except to adjourn. This provision is intended to meet the requirements of City Charter section 603. 3-14 2.25.250 Operations - Appointment of subcommittees. A. Boards and commissions may appoint subcommittees that they deem appropriate to provide advice on any matter within the jurisdiction of the particular board or commission. B. Subcommittees may be composed of board or commission members, as well as other residents appointed by the particular board or commission. The chair of any subcommittee shall be a voting member of the board or commission that established the subcommittee. C. Subcommittees may be standing committees or ad hoc committees. D. Brown Act requirements pertaining to notices of meetings, agendas and public comment shall apply to meetings of any standing subcommittee of whatever composition, and to any subcommittee that is composed of a quorum of members of the board or commission. Subcommittees may not hold closed sessions. E. The role of any subcommittee is to provide expertise and advice to board and commission members only. Subcommittee members do not advise the City Council directly. Subcommittee members do not represent the City. Subcommittee members should make every effort to ensure that recommendations and advice are directed to the board or commission that established the subcommittee. Subcommittee members may not speak on behalf of the board or commission without prior approval of a majority of the members of the board or commission. 2.25.260 Operations - Staff support. A. Pursuant to City Charter section 603, the City Manager shall appoint a staff person to serve as secretary to each board and commission. In addition to other duties specified in this chapter, the secretary is responsible for finalizing resolutions and performing other administrative duties, as necessary. B. Pursuant to City Charter section 605, the services of the Director of Public Works, the City Attorney, and the Director of Building and Housing (now known as the Director of Planning and Building) shall be made available to the Planning Commission. C. The City Manager may make available other staff and clerical support as requested by a board or commission to fulfill its functions and duties, provided such staff and clerical support are available. D. Staff persons assigned to assist boards and commissions shall not be considered voting or ex-officio members of those boards and commissions. 2.25.270 Operations - Gifts, grants and contracts; Council approval required. A board or commission may not accept gifts or grants from any source absent approval from the City Council. A board or commission may not commit or attempt to commit the City to any contract or other agreement without first obtaining authority from the City Council to do so. 3-15 2.25.280 Operations - Annual activity report required; other reports and recommendations; individual communications by members. A. By July I of every year, each board and commission shall prepare and submit to the City Clerk a written report of its activities. The City Clerk shall forward copies of each report to the City Council. The annual report shall also contain other specific information or findings required by the ordinance creating a particular board or commission. B. In addition to the annual report, a board or commission may make other reports to the City Council, either orally or in writing, at a public session of the City Council. Minority reports, if any, shall be submitted in writing concurrent with the majority reports. C. Boards and comrrusslOns shall forward proposals, suggestions, or recommendations to the City Council, after formal board or commission action has been taken, within ten working days of the meeting at which the action was taken. Board and commission policy positions should be formulated and stated in such a way as to ensure understanding by the public that the stated positions are not the official policy of the City until recommended to, and adopted by, the City Council. D. Individual board or commission members may speak on behalf of their respective board or commission only after a vote of the particular board or commission. Individual members making recommendations or expressing views that have not been officially voted on by a majority of the body shall indicate that they are expressing themselves as private citizens, not as representatives of their respective board or commission. 2.25.290 Vacancies - Written notification from chair required. A. The chair of each board or commission shall notify the City Clerk in writing, or cause the City Clerk to be notified in writing, if a voting member appears to have abandoned his or her office on the board or commission; if a voting member misses three regular, consecutive meetings of the board or commission without being excused by a majority vote of the board or commission as expressed in its official minutes; or if a voting or ex -officio member misses more than 50% of the board or commission's regularly scheduled meetings in one calendar year, whether or not excused by the other members. B. The City Clerk shall notify the Mayor in writing of reported abandonment or missed meetings, or when a member has failed to attend mandatory training sessions. 2.25.300 Vacancies - Posting required. A. In accordance with the Maddy Act, Government Code Section 54970, et seq., on or before December 31 of each year, or as soon as practicable thereafter, the City Clerk shall post a notice of vacancies that are anticipated to occur during the ensuing calendar year due to the expiration of voting members' terms of office. B. If an unexpected vacancy occurs for a reason set forth in CVMC 2.25.020 under the definition of the term "vacancy," the City Clerk shall post a notice of vacancy and notify the City Council so that action can be taken to fill the vacancy. 3-16 SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption. Submitted by Approved as to form by ~'f~\f\u~"'\ Ann Moore City Attorney Donna Norris Interim City Clerk ~~... ~ ~\ ("~'-':>X(1'(\ Q " '10. Sharon Marshall Senior Assistant City Attorney 3-17 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RESCINDING RESOLUTION NUMBERS 4880, 5654, 8149, 9542, 12112, AND 13906 AND CERTAIN COUNCIL POLICIES AND MINUTE ACTIONS PERTAINING TO BOARDS AND COMMISSIONS WHEREAS, the rules and regulations governing boards and commissions are currently contained in the Municipal Code, Charter, Council policies, and City Council minutes; and WHEREAS, inconsistencies and redundancies have been identified in the resolutions, Council Policies, and certain minute actions pertaining to boards and commissions, resulting in inefficiency in the administration of the boards and commissions; and WHEREAS, the City Council has adopted an ordinance creating general rules to govern all the City's boards and commissions, consolidating rules found in the Charter, Council policies, Council minutes, and the Municipal Code chapters creating individual boards and commissions; and WHEREAS, it is desirable to rescind the Council policies and implementing resolutions and minute actions that have been consolidated into the general rules and that are inconsistent with, redundant, or duplicative of the general rules adopted by the Council. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City ofChula Vista does hereby rescind the following Council policies, implementing resolutions, and minute actions: 110-01 11 0-02 110-03 11 0-04 110-06 11 0-08 110-10 11 0-11 11 0-13 110-14 Adopted bv Resolution 8149 Resolution 5654 Minute action, 08/27/83 Minute action, 11/08/94 Resolution 9542 Minute actions, 09/28/76, 05/05/87 Resolution 4880 Resolution 12112 Resolution 13906 Minute action, 08/06/91 Minute action, 04/19/79 Subiect Appointment of members Selection of members Appointment of members Absences Term limits Communications Planning Commission meetings International Friendship reception funds Meeting tapes Business cards Annual activity reports Council Policv 3-18 Submitted by Approved as to form by Donna Norris Interim City Clerk ~{~\'f\y~'N\ Ann Moore City Attorney ~,\{,~~\f\Q~~\\ Sharon Marshall Senior Assistant City Attorney 3-19 CITY COUNCIL AGENDA STATEMENT ~!~ CITYOF .~ CHULA VISTA MARCH 18,2008, ItemL SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OPPOSING STATE PROPOSITION 98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING STATE PROPOSITION 99 ERIC CROCKETT, ASSISTANT DIRECTOR REDEVELOPMENT AND HOUSING~ KEN LEE, PRINCIPAL PROJECT COORDINATOR~ .c=..D,.J) LORI ANNE PEOPLES, SENIO DEPUTY CITY CLE~(}J\ CITY MANAGER 4/5THS VOTE: YES D NO ~ ITEM TITLE: REVIEWED BY: SUMMARY At the June 2008 ballot, voters will have the choice between two initiatives on the controversial topic of eminent domain. The Howard Jarvis Taxpayers Association, the California Farm Bureau Federation, and the California Alliance to Protect Private Property Rights gathered signatures to place Proposition 98 on the ballot, which would not only make major changes to the law of eminent domain, but also take on much broader private property rights issues, including rent control, open space conservation, and local land use regulation. Proposition 98 closely resembles Proposition 90, which failed in 2006. To provide voters a simpler and much more straight-forward alternative for homeowner protection, the League of California Cities this year led the formation of Eminent Domain Reform Now, a coalition working to support responsible eminent domain reform. The coalition successfully qualified Proposition 99 for the June 2008 ballot. Proposition 99, entitled the Homeowners Protection Act, would very simply prohibit governments from taking an owner-occupied home to transfer it to a private party. This is consistent with this City's historical policies on the use of eminent domain by the Redevelopment Agency on properties that are both residentially zoned and used for residential purposes. Adoption of the first resolution opposes Proposition 98 and the second supports Proposition 99. 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 defmed under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. 4-1 MARCH 18, 2008, Item~ Page 2 of 4 RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The League of California Cities has asked cities to support their efforts to oppose Proposition 98 and support Proposition 99. The following discussion provides a summary of each proposition. Proposition 98: California Property Owners and Farmland Protection Act In addition to Proposition 98's proposed changes- to eminent domain law, opponents believe that there is a major hidden agenda in the measure's other provisions affecting rent control, open space conservation, and land use regulation. The initiative's major provisions are summarized below. 1. Property mav not be taken and then transferred to a private partv. For over 50 years, State and Federal Courts have held that the use of eminent domain by redevelopment agencies to eliminate conditions of blight is a public use. The initiative would end the use of eminent domain by redevelopment agencies except for public works projects, and would prevent the use by other public agencies in public/private partnerships for facilities. 2. New definition of Just Compensation. Existing law requires the payment of just compensation to the owner of property taken by eminent domain and is defined as "fair market value." A body of well-established law interprets the meaning and allows both public agencies and property owners to be reasonably certain about the value of property to be acquired. The initiative would add a constitutional definition of "just compensation" that would prevail over the settled body of law, possibly resulting in the need to have more frequent recourse to the courts to settle disputes over the meaning of "just compensation." Other changes that the initiative would make are: a. Just compensation would include an award of the property owner's attorney's fees if the jury awards one dollar more than the amount offered by the public agency. It is unclear which offer to purchase this provision refers to. b. Just compensation would include elements not currently recognized such as temporary business losses. Relocation and other business re- establishment costs would also be elevated to constitutional status, thereby perhaps abrogating existing statutes which place limits on the type and amount 4-2 MARCH 18, 2008, Item~ Page 3 of 4 3. Acquiring "immediate possession" of property made more complicated. Under existing law, after depositing with the court the estimated just compensation, a public agency can obtain possession of the property prior to a fmal judgment based on a showing of an overriding need for the condenmor to take possession prior to final judgment. If the property owner withdraws the deposit, he or she waives their right to contest whether the taking is for public use, but may still contest the amount. The initiative changes the balanced approach to prejudgment possession by permitting the property owner to contest both public use and just compensation after withdrawing the deposit. Public agencies would still be at risk of being prohibited from taking the property rather than simply paying more for it. 4. Balance of power between Legislature and Courts shifted. Current law provides that findings made by a public agency in connection with the taking of property by eminent domain are entitled to strong presumptions of validity, and courts will overturn those findings only where the property owner is able to demonstrate a gross abuse of discretion such as bribery or fraud. The initiative would change this balance, providing that a court must exercise its independent judgment and give no deference to the finding of a public agency. The court's inquiry would also not be limited to the administrative record, so the property owner could introduce evidence of value and other matters not before the condemning agency at the time the decision to condenm was made. 5. Governmental Regulations Affecting Price. The initiative would also define a regulation of property that limits the price a private owner could charge another person to purchase, occupy or use his or her real property as a prohibited taking for a private use. This would prohibit rent control ordinances (units as of January 1, 2007 would be grandfathered as long as at least one of the tenants continued to live in the unit) and make unconstitutional inclusionary housing ordinances adopted in many California cornmunities, which require new housing development to include affordable units for low and moderate income buyers or renters. The effect on the inclusionary housing provisions of the Community Redevelopment Law is difficult to predict. Redevelopment agencies might still be able to bargain for the provision of affordable units as a condition of agency assistance, but they would not be able to impose such requirements as a matter oflaw. 6. Limitation on Use of Eminent Domain for Consumption of Natural Resources. The initiative would prohibit the use of eminent domain to "transfer the ownership, occupancy or use of private property... to a public agency for the consumption of natural resources..." This provision can be read to prohibit the use of eminent domain by a city to acquire new drinking water resources, and would also prohibit the use of eminent domain if the public agency would use the property for "the same or substantially similar use as that made by the private owner." It would likely eliminate eminent domain as a tool to acquire conservation and open space easements. 4-3 MARCH 18, 2008, Item~ Page 4 of 4 7. Regulation of Land Use. The initiative requires a public agency to pay "just compensation" when it regulates the use of land, if the regulation transfers an economic benefit from the person who owns the land to another person. Existing law allows public agencies to use their police power to enact regulations governing the use of privately owned real property. These regulations range from traditional zoning to nuisance regulations and include conditions imposed on the new development of property, and most have an economic impact. Some properties will be benefited while others will be burdened, and read literally, this provision would make unconstitutional virtually all regulation of land use unless just compensation is paid. Proposition 99: Homeowners Protection Act The Eminent Domain Reform Now coalition consists of a broad mix of stakeholders, including seniors, homeowners, business, labor, environmentalists, affordable housing advocates, public safety leaders, and local governments. The coalition's intent behind Proposition 99 is to address homeowners' common fears about eminent domain, mainly its use on single-family homes. To address those fears and promote the responsible and appropriate use of eminent domain for "public use," including health and safety, Proposition 99 would prohibit governments from using eminent domain to take a single- family, owner-occupied home (including a condominium) for the purpose of transferring it to another private party (e.g., person, business, association). This policy stance is closely aligned with Chula Vista's local policies, including those contained in its redevelopment plans. The redevelopment plan for the Merged Chula Vista Project Area specifically provides that the Redevelopment Agency is prohibited from using eminent domain on any property that is both residentially zoned and used for residential purposes. DECISION MAKER CONFLICT Staff has reviewed the decisions 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 I 8704.2(a)(I) is not applicable to this decision. FISCAL IMPACT No fiscal impact as a result of taking formal action to oppose Proposition 98 or support Proposition 99. ATTACHMENTS A. Summary of California Property Owners and Farmland Protection Act (Prop 98) B. Summary of Homeowners Protection Act (Prop 99) Prepared by: Lori Anne Peoples. Senior Deputy City Clerk, City Manager's Office 4-4 ATTACHMENT A Proposition 98 Government Acquisition, Regulation of Private Property. Constitutional Amendment. BACKGROUND Government Actions to Take Property-"Eminent Domain" Every year, California state and local governments buy hundreds of millions of dollars of property from private owners. Government uses most of this property for purposes such as roads, schools, and public utilities. In other cases, government buys property for different purposes, such as to transfer it to (1) private owners to develop new businesses or (2) nonprofit organizations to provide affordable housing. Most of the time, government buys property from willing sellers. Sometimes, however, property owners do not want to sell their property or do not agree on a sales price. In these cases, California law allows government to take property from a private owner provided that government: . Uses the property for a "public use" (a term that has been broadly interpreted to mean a variety of public purposes). . Pays the property owner "just compensation" (generally, the property's fair market value) and relocation costs (including some business losses). This government power to take property for a public use is called "eminent domain." (The nearby box provides additional information about its use.) Page 1 of 8 4-5 Eminent Domain Challenges. Property owners are not required to accept the amount of compensation government offers. Instead, they may make a counteroffer or challenge Page 2 of 8 4-6 the amount in court. Under the State Constitution, property owners are entitled to have the amount of compensation determined by a jury. While property owners also may challenge government's right to take a property, these challenges are more difficult. In part, this is because courts give significant weight to government's findings and perspectives when ruling on disputes as to whether an eminent domain action is for public use. Programs to Promote Affordable Housing Rent Control. Over a dozen California cities have some form of rent control law. These cities include Los Angeles, San Francisco, Oakland, Berkeley, Santa Monica, and San Jose. In addition, about 100 citi~s and counties have laws limiting the rent mobile home park owners may charge people who lease space in their park. Altogether, about one million California households live in rent-controlled apartments or mobile home parks. While the provisions of these rent control laws vary, they typically restrict the amount of money by which a landlord (or park owner) may increase a tenant's rent each year. If a tenant moves out of a housing unit or mobile home park, property owners may reset rents to market rates. Once the unit or space is rented again, however, rent control laws restrict the rate of future rent increases. Other Housing Programs and Laws. About one-third of California cities and counties have laws referred to as "inclusionary housing." These laws (which can be mandatory or voluntary in nature) have the goal of providing lower-cost housing units in new developments. Mandatory inclusionary laws require developers to construct Page 3 of 8 4-7 affordable housing on part of their land or contribute funds to develop such housing. Voluntary laws offer developers incentives to provide affordable housing. (For example, a city might permit a developer to build an increased number of housing units if some of them are affordable to lower-income households.) In addition, many California cities have ordinances requiring apartment owners to provide relocation benefits to tenants if they convert their property into condominiums. PROPOSAL This measure amends the State Constitution to (1) constrain state and local governments' authority to take private property and (2) phase out rent control. The measure also might constrain government's authority to implement certain other programs and laws, such as mandatory inclusionary housing programs and tenant relocation benefits. The measure's provisions apply to all governmental agencies. Taking Property The measure prohibits government from taking ownership of property to transfer it to a private party-such as a person, business, or nonprofit organization. In addition, government could not take property to use it for (1) a purpose substantially similar to how the private owner used it (such as public operation of a water or electricity delivery system formerly owned by a private company) or (2) the purpose of consuming its natural resources (such as its oil or minerals). These restrictions on government's authority to take property also would apply to cases when government transfers the right to use or occupy property (but does not take ownership of it). None Page 4 of 8 4-8 of these restrictions would apply, however, if government was addressing a public nuisance or criminal activity or as part of a state of emergency declared by the Governor. Under the measure, government could continue to take property for facilities that it would own and use, such as new schools, roads, parks, and public facilities. Government could not take property for one purpose, however, and then use it for a different purpose unless it offered to sell the property back to its previous owner. Property Owner Challenges. If a property owner challenged government's authority to use eminent domain, the measure directs the court to exercise its independent judgment and not defer to the findings of the government agency. In addition, property owners could challenge government's right to take the property even if they accepted funds that government deposited as part of an accelerated eminent domain action. Property Owner Compensation. The measure contains provisions that would increase the amount of compensation provided to property owners. For example, property owners would be entitled to reimbursement for all business relocation costs, which could exceed the maximum amounts specified under current law. In addition, property owners would be entitled to compensation for their attorney costs if the property owner was successful in an eminent domain challenge. Page 5 of 8 4-9 Rent Control The measure generally prohibits government from limiting the price property owners may charge others to purchase, occupy, or use their land or buildings. This provision would affect local rent control measures. Specifically, government could not enact new rent control measures, and any rent control measure enacted after January 1, 2007 would end. Other rent control measures (those enacted before January 1, 2007) would be phased out on a unit-by-unit basis after an apartment unit or mobile home park space is vacated. Once a tenant left an apartment or mobile home space, property owners could charge market rate rents, and that apartment unit or mobile home space would not be subject to rent control again. Other Government Laws and Programs The measure appears to limit government's authority to impose restrictions on the "ownership, occupancy, or use of property" if the restrictions were imposed "in order to transfer an economic benefit" from one property owner to other private persons. The range of government laws and programs that would be affected by these provisions is not clear and would be determined by the courts. Given the wording of the measure, however, programs such as mandatory inclusionary housing and condominium conversion relocation benefits might be prohibited. Related Measure on Ballot. This ballot contains two measures related to eminent domain: Proposition 98 (this measure) and Proposition 99. If this measure were Page 6 of 8 4-10 approved by more votes than Proposition 99, the provisions of Proposition 99 probably would not take effect. FISCAL EFFECTS Eminent Domain Changes Much of the property state and local government acquires is bought from willing sellers or is taken by eminent domain for purposes that would still be allowed under the measure. In these cases, government could continue to acquire these properties, but might need to pay somewhat more for them. This is because the measure increases the amount of compensation provided for properties taken by eminent domain and willing sellers are likely to demand similar increased amounts. In some cases, the measure would prevent government from taking property by eminent domain. This reduced ability to take property could apply to many government plans for redevelopment, affordable housing, and public ownership of water or electric utility services. As a result of this reduced authority to take property, government might (1) buy fewer properties and have lower costs or (2) offer property owners more to purchase their properties and thus have higher costs. The net fiscal effect of these potential changes in the number and price of properties acquired cannot be determined. Overall, we estimate that many governments would have net increased costs to acquire property, but that the net statewide fiscal effect probably would not be significant. Page 7 of 8 4-11 Other Changes It is difficult to estimate the fiscal impact of the measure's phase out of rent control and limitation of other programs that transfer economic benefits from property owners to private parties. In response to these provisions, governments might choose to change their policies in ways that do not increase their costs. For example, a government might repeal a mandatory inclusionary housing ordinance and not enact a replacement policy, or repeal the ordinance and enact land-use regulations that encourage the construction of lower-cost housing. In other cases, conforming to the measure's provisions could result in new costs. For example, a government could respond to the elimination of rent control by creating publicly funded programs to subsidize affordable housing. Given the uncertainty regarding some of the measure's provisions, some governments might be unaware that their policies conflicted with the measure's provisions and be required to pay damages to property owners. The fiscal effect on state and local governments associated with these changes in rent control and other policies is not possible to determine, but there probably would be increased costs to many governments. The net statewide fiscal effect, however, probably would not be significant. Page 8 of 8 4-12 ATTACHMENT B Proposition 99 Eminent Domain. Acquisition of Owner-Occupied Residence. Constitutional Amendment. Background California state and local governments frequently acquire private property to build public facilities (such as roads, parks, and schools) or to promote public objectives (such as economic development and affordable housing). Most of the time, government buys property from willing sellers. Sometimes, however, property owners do not want to sell their property or do not agree on a sales price. In these cases, California law allows government to take property from a private owner provided that government: . Uses the property for a "public use" (a term that has been broadly interpreted to mean a variety of public purposes). . Pays the property owner "just compensation" (generally, the property's fair market value) and relocation costs (including certain business losses). This government power to take property for a public use is called "eminent domain." The nearby box provides additional information regarding the terms public use, just compensation, and relocation costs. Page 1 of 4 4-13 Proposal This constitutional amendment limits state and local government's use of eminent domain in certain circumstances. Specifically, the measure prohibits government from using eminent domain to take a single-family home (including a condominium) for the purpose of transferring it to another private party (such as a person, business, or association). This prohibition, however, would not apply if government was taking the home to: Page 2 of 4 4-14 . Protect public health and safety. . Prevent serious, repeated criminal activity. . Respond to an emergency. . Remedy environmental contamination that posed a threat to public health and safety. . Use the property for a public work, such as a toll road or airport operated by a private party. In addition, the prohibition would not apply if the property owner did not live in the home or had lived there for less than a year. Related Measure on Ballot. This ballot contains two measures related to eminent domain: Proposition 99 (this measure) and Proposition 98. If this measure were approved by more votes than Proposition 98, this measure provides that the provisions of Proposition 98 would not take effect. Fiscal Effects Under current law and practice, government seldom uses eminent domain to take single-family homes. Even when it does so, the acquisition often is for a purpose that is permitted under the measure (such as construction of a road or school). Accordingly, this measure would not change significantly current government land acquisition practices. Page 3 of 4 4-15 In a very limited number of cases, however, this measure might result in government: · Savings-because government could not acquire a home that the owner did not wish to sell. · Costs-because government might pay more to buy a home than would have been the case if it could have taken the home using eminent domain. The net fiscal effect of such actions would not be significant. Page 4 of 4 4-16 RESOLUTION NO. 2008- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OPPOSING STATE PROPOSITION 98 WHEREAS, a constitutional amendment ballot measure, Proposition 98, will appear on California's June 2008 ballot; and WHEREAS, Proposition 98 proponents want voters to believe the initiative is about eminent domain, but in fact the measure contains hidden agendas and flawed language which will eliminate rent control and other renter protections, threaten development of public water proj ects, stymie local land use planning and impair our ability to protect the environment; and WHEREAS, the majority of the funding to qualifY this measure comes from wealthy apartment and mobile home park owners who are attempting to trick voters into abolishing rent control and other renter protections, thereby jeopardizing an important affordable housing tool to protect working families, seniors, single-parent homes, veterans and others; and WHEREAS, provisions in the initiative would also preclude the use of eminent domain to acquire land or water to develop public water projects that are needed to provide our residents, businesses, farmers and economy with a reliable and safe supply of water; and WHEREAS, Proposition 98 is opposed by the Association of California Water Agencies and the Western Growers Association, who warn the initiative will impair water projects to protect water quality and supply; and WHEREAS, language in the initiative will also prohibit the passage of regulations, ordinances, land use and other zoning laws that enable local governments to plan and protect communities; and WHEREAS, the California Police Chiefs Association opposes the measure because it threatens their ability to keep communities and the public safe; and WHEREAS, leading environmental groups warn provisions in the measure would impair our ability to enact environmental protections such as laws that control greenhouse gas emissions, preserve open space, protect coastal areas, and regulate development; and WHEREAS, the No on Proposition 98 campaign is represented by the League of California Cities, California State Association of Counties, League of California Homeowners, California League of Conservation Voters, California Alliance for Retired Americans and other leading state and local associations who oppose Proposition 98. NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City ofChula Vista that we hereby oppose Proposition 98 on the June 2008 ballot. 4-17 Resolution No. 2008- Page 2 BE IT FURTHER RESOLVED that we authorize the use of our name by the No on Proposition 98 campaign in opposition to Proposition 98, and direct staff to fax a copy of this adopted resolution to 916.442.3510. Submitted by Approved as to form by Ann Moore City Clerk David R. Garcia City Manager 4-18 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA IN SUPPORT OF STATE PROPOSITION 99 WHEREAS, in June of 2005 the US Supreme Court ruled in Kelo v. New London that government could take a home through eminent domain to give to a private developer; and WHEREAS, since that decision more than 40 states have reformed their eminent domain laws; and WHEREAS, California has failed to place a prohibition on the use of eminent domain to take homes for private development; and WHEREAS, Proposition 99, which will be on the June 2008 ballot, will prohibit government from using eminent domain to take an owner-occupied home to transfer to another private party; and WHEREAS, the protections in Proposition 99 directly address the issues in the Kelo decision and the measure does not contain any unrelated provisions that will result in unintended, harmful consequences for California; and WHEREAS, the League of California Homeowners supports this measure because it will provide ironclad protections for California homeowners; and WHEREAS, the Yes on Proposition 99 campaign is represented by a broad based coalition, including the League of California Cities, California States Association of Counties, League of California Homeowners, California League of Conservation Voters, California Alliance for Retired Americans and other leading state and local associations who support Proposition 99; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that we hereby support Proposition 99. BE IT FURTHER RESOLVED that we authorize the use of our name by the Yes on Proposition 99 campaign in support of Proposition 99, and hereby direct staff to fax a copy of this adopted resolution to 916.442.3510. Submitted by Approved as to form by David R. Garcia City Manager Ann Moore City Attorney 4-19 CITY COUNCIL AGENDA STATEMENT 3/18/08, Item 5 SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "CMF REHABILITATION PROJECT" (DRI79) AND RATIFYING THE ACTIONS OF THE CITY MANAGER AND DIRECTOR OF ENGINEERING AND GENERAL SERVICES MAKING AND EXECUTING A CONTRACT FOR EMERGENCY REPAIRS WITH MJC CONSTRUCTION, INC. DIRECTOR OF EN7ilThiEE ING AND GENERAL SERVICES ,{ CITY MANAGER . C1 - ASSISTANT CITY ANAGER "S) 4/5THS VOTE: YES rg] NO D ITEM TITLE: BACKGROUND In accordance with the emergency provisions of Section 1009 of the City Charter, City staff contracted the services of MJC Construction, Inc. (General Engineering Contractor License No. 754128) for the repair of two storms drain facilities located along 30th Street at the intersections of "M" and "N" Avenues. The repairs were completed on February 7,2008. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined, based on the evidence presented, that the activity falls under the emergency project exemption for specific actions necessary to prevent or mitigate an emergency, pursuant to Section 15269 (c) of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 5-1 3/18/18, Iteml Page 2 of 3 DISCUSSION As part of the ongoing program to rehabilitate corrugated metal pipes (CMPs) throughout the City, a priority list was developed to guide the City's rehabilitation effort. Two storms drain facilities, located along 30th Street at the intersections of "M" and "N" A venues were next on the list for rehabilitation using a cure-in-place lining strategy. After the most recent storm, City crews were asked to immediately televise the storm drain lines. Based on the assessment of the two-storm drain facilities, City staff concluded that the pipes were severely damaged and lining repairs would be inadequate as a repair strategy. The Director of Engineering and General Services, Public Works, and the City Manager agreed with the recommendation Of staff on the necessity to proceed with the emergency repair for the following reason: · Staff determined that because of the ongoing rainy season, failure to immediately replace the pipes could undermine the stability of the road and potentially risk public safety and/or damage to public or private property. In accordance with City Charter Section 1009 and based upon the urgent necessity for the preservation of life, health and property, City staff contracted the services of MJC Construction, Inc. to repair the two storm drain facilities. This project replaced approximately 170 lineal feet of Corrugated Metal Pipe (CMP). The general scope of the project involved the removal and replacement of existing corrugated metal pipe, including labor, material, equipment, tools, transportation, mobilization, traffic control, removal and disposal of existing improvements, and other work necessary to complete the emergency repairs in accordance with City standards. The approval of the resolution will accept the final report of expenditures in the amount of $48,000 for the "CMP Rehabilitation Project" (DRI79) and ratify the actions of the City Manager and Director of Engineering and General Services making and executing a contract for emergency repairs with MJC Construction, Inc.. A breakdown of the total costs is provided under Fiscal Impact. Contractor Selection Process Staff prepared and solicited three informal bids on January ll, 2008, from qualified contractors who have previously worked for the City. On January 15, 2008, the City received three proposals. The contractors were ranked as follows: Contractor Proposal Amount Contractor Ranking MJC Construction, Inc. $48,000 First Negotiation Preference Tri-Group Construction $49,998 Second Negotiation Preference Metropolitan Construction $62,000 Third Negotiation Preference 5-2 3/18/18, Item...l2.- Page 3 of3 Staff Costs In addition to construction activities, staff time is also required for construction inspection, and administrative staff. These staff component costs total $13,000. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the properties which are the subject of this action. FISCAL IMPACT The total expenditures for the CMP Rehabilitation Project (DR179) emergency repair work were funded from the Storm Drain Fees account and are broken down as follows: Item Amount $ 48,000.00 MJC Construction, Inc. City Staff (Construction Inspection & Administative Staff), not appropriated $ 13,000.00 ATTACHMENT None. Prepared by: Luis A. Labrada, Associate Civil Engineer, Engineering and General Services M:\General Services\GS Administration\Council Agenda\DR179\DR179 A.113 rev 5.doc 5-3 RESOLUTION NO. 2008-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES FOR THE "CMP REHABILITATION PROJECT" (DRI79) AND RATIFYING THE ACTIONS OF THE CITY MANAGER AND DIRECTOR OF ENGINEERING AND GENERAL SERVICES MAKING AND EXECUTING A CONTRACT FOR THE EMERGENCY REPAIRS WITH MJC CONSTRUCTION, INC. WHEREAS, as part of an ongoing program to rehabilitate corrugated metal drainage pipe (CMP) throughout the City, staff identified two storm drain facilities, located along 30th Street at the intersections of "M" and "N" Avenues that were severely damaged and needed immediate emergency repair, and WHEREAS, CMP Storm Drain Pipe Rehabilitation Program (DR-179) removed and replaced those drainage facilities at 2 locations, which were in need of rehabilitation, and WHEREAS, on January 15, 2008, Engineering and General Services staff received and opened bids from three contractors as follows: I. 2. 3. CONTRACTOR MJC Construction - Bonita, CA Tri-Group Construction, San Diego, CA Metropolitan, Construction, San Diego, CA BID AMOUNT $48,000.00 $49,998.00 $62,000.00 ; and WHEREAS, staff awarded the contract m the amount of $ 48,000.00 to MJC Construction; and WHEREAS, references provided by the contractor were reviewed and their work record found to be satisfactory and the Contractor's license is current; and WHEREAS, the Environmental Review Coordinator reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and determined, based on the evidence presented, that the activity falls under the emergency project exemption for specific actions necessary to prevent or mitigate an emergency, pursuant to Section 15269 (c) of the State CEQA Guidelines. Thus, no further environmental review is necessary, and WHEREAS, there is no impact on the General Fund as the CMP Rehabilitation Project (DRI79) emergency repair work was funded from the Storm Drain Fees account, and 5-4 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the final report of expenditures for the "CMP Rehabilitation Project" (DR-179) and ratify the actions of the City Manager and Director of Engineering and General Services making and executing a contract with MIC Construction for the amount of $48,000. Presented by Approved as to form by lack Griffm Director of Engineering and General Services --fJ",x ();\\:\~~'U\l Ann Moore City Attorney 5-5 CITY COUNCIL AGENDA STATEMENT ! 3/18/08, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CITY STAFF TO SUBMIT CIP STL335 PAVEMENT REHABILITATION FY 07-08 TO THE CALIFORNIA DEPARTMENT OF FINANCE IN ORDER TO RECEIVE PROPOSITION 1B FUNDS AND APPROPRIATING $3,662,769.41 IN PROPOSITION 1B FUNDS TO CIP STL335 SUBMITTED BY: REVIEWED BY: DIRECTOR OF ENGn/) G AND GENERAL SERVICE~ CITY MANAGER r" j ASSISTANT CITY NAGER ~ 4/5THS VOTE: YES [g] NO 0 SUMMARY In order to appropriate and spend the City share of Proposition lB transportation funding, the City is required by the California Department of Finance to have Council approval for the appropriation of funds for a proj ect permitted by this legislation. 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 (b)(4) of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION Proposition 1B was adopted by California voters in November 2006. This proposition authorized a $20 billion State bond issue for the following transportation purposes: . Congestion Reduction, Highway and Local Road Improvements: $11.25 billion . Public Transportation: $4.0 billion 6-1 3/18/08, Item~ Page 2 of2 · Goods Movement and Air Quality: $3.2 billion · Safety and Security: $1.475 billion The funding allocated to improving local roads totaled $2.0 billion. Uses for these funds include street pavement maintenance, rehabilitation, installation, construction and reconstruction of associated facilities, as well as transit and safety projects. Half of this amount was to be allocated to counties, while the other half would be allocated to cities, generally in proportion to their population. Subsequent legislation specified that $950 million of this allocation be appropriated for distribution in Fiscal Year 2007-08. Based on information available from the League of California Cities and the California Department of Finance in Spring 2007, staff believed that the City of Chula Vista would be eligible to receive $3.5 million in funds from Proposition IE in Fiscal Year 2007-08. In the Fiscal Year 2007-08 Capital Improvement Program (CIP) Budget, $3.5 million was included as the contribution from Proposition IE to finance STL335, Pavement Rehabilitation FY07-08. The total project amount was $10,800,000 (Attachment I). Staff has recently received a letter dated January 15, 2008 from the California Department of Finance providing instructions to California cities and counties for the receipt of local streets and roads financing (Attachment 2). The list attached to the letter states that the City is eligible to receive $3,662,769.41 in Fiscal Year 2007-08. As the letter states, each City or County must approve a plan for use of the funds available in 2007-08 and e-mail this information to the State Department of Finance on the State's spreadsheet. Specific locations are not required for pavement rehabilitation projects, which includes seals and resurfacing, including full or partial reconstruction. In order to receive the entire allocation in Fiscal Year 2007-08, Council needs to approve a project which includes the entire amount. State staff has verbally indicated that it is acceptable for a project using Proposition IB funds to have more than one funding source. However, no money can be spent for that project until the spreadsheet is submitted to the State. Funds have not yet been expended for this project. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that the decision concerns repairs, replacement, or maintenance of existing streets or similar facilities and, therefore, there is not a material financial effect of the decision on the property holdings of the City Council Members pursuant to California Code of Regulations sections 18704.2(b)(2) and 18705.2(b)(1) FISCAL IMPACT Adoption of this resolution will not impact the City's General fund. It will increase funding for this CIP project by $162,769.41. Since cities can only amend the spreadsheet once a year, adoption of this resolution will also enable the City to spend its entire Proposition IB allocation this Fiscal Year. ATTACHMENTS 1. Fiscal Year 2007-08 Capital Improvement Program Detail for ST1335 2. January 15,2008 letter from California Department of Finance Prepared by: Elizabeth Chopp. Senior Civil Engineer. ~eering and General Services Dept. :::! ~ ~ :i! ~ ~()) cnO -Q: >~ s~ ~~ U:i! u..~ 00 ~g: U::e - -.I ~ 1i: ~ '0 01;" - ... I.!M 0 0 ... ... 0 0 - ... ':''' c ~t ... l' c 0 e c c e 0 0 e. e' 0 e c c e ~ M '" M ,.... Q - - ~ ... Ii Ii ' ~ e ~~ ... c o ~ . 0 00 0 o e c' 0" 0 0 co ~ M '" M ,... Q ... ... ~ ... '" w " 0: ::l 0 ., '" .... z '" w U z '" - '" z "- z -' .. 0 ~ ~ Z 0: g ii: "- .... '" ~ '" c ~ .~ N ... - . - - e ;!'~~ N > u.. - c 0 S. '" o ,f)' - ... ... ... 6 - co N > u.. .. i~~iil .. 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"- 0 0 0: -' " u U "' " " ..-' '" ..; ..; .,; 6-3 l.l..TT.ACHMENT f ~ - 0: .. l! > .... z u ;; .. " -ll .g . ." "" .~ .E = 'C .~ ." ;; " .", E ;; ~ ~ .~ .~ .M tl ." ~ 2 5 i:J " li " = :; >- -s e ! >- ,r, .", .", 1ii 0 " :!! ." = = 0 " ~ ~ " ..,; 8 0 E 'C 8 :E B " = Co e -= ~ -= .!l e " 'C " ~J.g . 0 ~ . E " . = 0 0 ... = 2 " " " =- 0 -s " . . B - = " .5 8 'C ::J ." . = " " "" E;: E = 0 .E -= " "oi " " e :;'c > E " Co,!! 0 .~ " " ",= tl ii ~ E .s E 2 ~~ . " 'C :E 0." .~ ~ 0 ~ ~ ;; ".0 0 ~ ...." " o M o = ]- Sh 00- 0 = 0= .g 'C e a~ -= s " E Co .~ ~ E .,. :3 " = g 0- ... ~ ., ~<Il.. -= Co E ;; . - M " 005 0_ o " 0 a ~ .,,-s 0 .$ ';l ii'<: 0 o >- ... "'''' o .~ 8 0 .~ I: - ,,"" ;; .g of! o 5 = . !a 5 Co. 5 ~ ~ .;a ~ .$ '5 .~ '" " M 0 . = 0 ~ ~ . - :E ~~ 0 0 ::E-ll .... z ,:: Z " Z 0 w 0 u.. 0 "' z u.. "' .. :;j w "- " ::J '" .... ii: ii: c ::l W " "' w S '" ., ., :l: C W ::l " ::l C ., ., '" '" ",t4T O~ '" . ~ ..c.. '::'i'....."1- { A ~ '" 1111" o '" "" DE:PARTME:NT DF ~.C"CR~" FIN A NeE ClFF"ICE OF THE DIRECTOR ATTACHMENT z. ARNOLD SCHWARZENEGGER, GOVERNOR STATE; CAPITOL. R.OOM I 1 4S . SACRAME;NTO CA . 9'3S 1 4-499S . WWW.OCF.CA.GCV January 15, 2008 Dear County or City Official: Subject: Instructions for Receipt of Proposition 1 B-Local Streets and Roads Improvement, Congestion Relief, and Traffic Safety Account Funds. Proposition 1 B (Prop 1 B) provided $19.925 billion in bond funds for a variety of transportation priorities, including $2 billion for cities and counties to fund the maintenance and improvement of local transportation facilities. The 2007 Budget Act and Chapter 181, Statutes of 2007 (SB 88), appropriate a total of $950 million of these Prop 1 B funds in 2007-08. Of this amount, Chapter 314, Statutes of 2007 (AB 196), specifies that $550 million be allocated to cities and $400 million be allocated to counties. The share that your city or county is allocated is determined by the State Controller's Office (SCO), with county shares being calculated based on the number of registered vehicles and the number miles of road in the county, and the county and city being calculated based on popuiation, except that each city is to get a minimum of $400,000. In order to receive these funds, counties and cities must first submit a plan to the Department of Finance (Finance), and Finance will notify the SCO which counties and cities have met this reporting requirement at least monthly. This letter is first being distributed in an e-mail to all cities and counties using contact lists provided by the California State Association of Counties and the League of California Cities. With this letter are several attachments. Attachments I and II are lists from the SCO showing the amount that each county and city will receive from the $950 million appropriated in 2007-08. Attachment III is a spreadsheet with five tabs for reporting to Finance. Specified information from all county and city plans is to be entered into these spreadsheets and returned to Finance electronically. The first tab includes a set of instructions for entering the data into the other spreadsheets. There is a tab for general information and separate tabs for each entity to reflect its planned use of these funds for maintenance, minor projects, and major projects. This spreadsheet will also be available on Finance's website, www.dof.ca.gov. in the event that there are any counties and cities that do not receive the initial e-mails. However, all plans must still be submitted electronically bye-mailing the completed spreadsheet to Finance. To receive funds, each county board of supervisors or city council must approve a plan for use of the amount of funds available in 2007-08 for the county or city as determined by the SCO. After the date of this action has been entered into the appropriate place in the spreadsheet, and all the information required about the plan has been entered in the designated places in the spreadsheet, the submitting official must change the name of the file to reflect the county or city that is submitting the plan, and then must e-mail this spreadsheet as an attachment to Finance at: Prop1 B_LSR@dof.ca.gov. Finance will review each plan for completeness, and will then notify the SCO which completed plans are received. We cannot accept hard copy versions or altered spreadsheets as the data submitted by local entities will eventually be uploaded to a standardized display on the state bond accountability website. 6-4 -2- While subdivision (I) of Section 8879.23 of the Government Code (Prop 1 B) provides for the funds to be used for a broad range of purposes, the purposes are not unlimited and are also subject to relevant provisions of general state bond law incorporated by reference in Prop 1 B. Finance will not review plans for legal uses or provide advice as to the legality of specific uses of these funds. If you have questions about specific uses of funds, we suggest you seek advice of counsel. At the end of each fiscal year, we anticipate e-mailing a new spreadsheet to every county and city to reflect any updates to the plans, report on progress, and provide new plans for the use of any new Prop 1 B funds provided in the most recent Budget Act. Counties and cities will be required to submit these spreadsheets with updated and new plans electronically to the e-mail address noted above. We may also provide updated direction regarding this program periodically throughout the year. We ask that updated plans be submitted only once a year, since we are not staffed to be able to review more than one update per year. SB 88 and AB 196 provide that counties and cities must provide Finance with the following: 1. A list of projects expected to be funded with bond funds pursuant to an adopted local budget. 2. A description and location of each project. 3. The amount spent on each project. 4. The completion date of each project. 5. The useful life of each project. Additionally, the Governor has directed state departments, including Finance, to be accountable to the public for bond fund uses through Executive Order S-02-07, and further directed Finance to provide additional information in his signing message for SB 88. Based on this direction and SB 88, we are providing the following guidance for purposes of reporting to Finance: . Maintenance activities can be combined together into one or more categories for purposes of project reporting. The categories that are optional to report are displayed on Attachment III. In addition to the dollar amount of the grant to be spent on maintenance, we are requesting that recipients provide information on the impact of the bond funds on backlogs in lane miles and dollars, and on balances of funding for maintenance in the road fund. . Minor projects, each with a total cost of less than $400,000, can be combined into one project for purposes of reporting. . Projects exceeding $400,000 in total cost must be separately reported. . While not statutorily required, we are requesting bond fund recipients to provide project budget and schedule information as well as expected project benefits with the list of projects as shown in Attachment III. . Agencies are required to report annually on project completions and project status as shown on Attachment III. The accuracy and completeness of information provided to Finance is the responsibility of each agency and is subject to audit. Agencies not reporting requested information or submitting reports in which the information appears to be in error will be contacted by Finance staff and asked to correct or complete the information. Minimum required information must be accurately entered on the spreadsheet in order to receive funds. Once a plan has been approved, all information reported, including requested information that is not required to obtain funds, will be 6-5 -3- posted on the state's bond accountability website. Since a standardized display will be used, any information not submitted will be identifiable. All agencies are requested to provide a website or e-mail address where citizens can get additional information or ask questions about individual projects or plans. It may be possible in the future to accommodate local entities that wish to post maps, pictures or more text than can be initially accepted. Once your initial project information has been received and approved as to form by Finance staff, we will transmit that information to the SCO so that your grant disbursement can be made. The minimum information to receive approval for payment is shown on Attachment III. Please note the following when completing the reporting format: . Please limit descriptions to no more than 25 words. (Fields will automatically adjust to the size of the text.) . Please remember that the purpose of submitting the plans in this electronic format is so that they can be easily understood by the public who will be using the state's bond accountability website. Please make sure that plans and descriptions read in a clear and understandable way. . Please do not attempt to change any of the fields or formats in any way. The sheets are designed to feed into a data base that requires the existing formatting parameters. The SCO has indicated that it intends to make payments once a month to any entities which have submitted plans within the previous month. Please provide payment advice directly to SCOat: Bill Byall State Controller's Office PO Box 942850 Sacramento, CA 94250 (916) 323-0740 If you have questions or need additional information or assistance please call Jim Parks or Mark Tollefson at (916) 322-2263 for technical help with the spreadsheet, or Mark Monroe, Principal Program Budget Analyst at the same number for program help. For information on payments at the SCO, please call Bill Byall at the number shown above. Thank you for your participation in this program, we look forward to seeing your efforts on the ground very soon. MICHAEL C. GENEST Director By: Isl Vincent P. Brown VINCENT P. BROWN Chief Deputy Director Attachment cc: Jim Bourgart, Deputy Secretary of Transportation & Infrastructure, Business Transportation & Housing Agency Kelly Martel, Local Apportionments, State Controller's Office 6-6 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CITY STAFF TO SUBMIT CIP STL335 PAVEMENT REHABILITATION FY 07-08 TO THE CALIFORNIA DEPARTMENT OF FINANCE IN ORDER TO RECENE PROPOSITION 1B FUNDS AND APPROPRIATING $3,662,769.41 IN PROPOSITION 1B FUNDS TO CIP STL335 WHEREAS, Proposition 1B was adopted by California voters in November 2006; and WHEREAS, Proposition 1B provided $19.925 billion in bond funds for a variety of transportation priorities including the maintenance and improvement of local transportation facilities; and WHEREAS, a portion of the Proposition 1B funds has been appropriated for cities; and WHEREAS, in order to receive Proposition 1B funds, the City must submit a list of projects expected to be funded with Proposition 1B funds to the California Department of Finance; and WHEREAS, all projects proposed to be funded with Proposition IB funds must be included in the City budget that is adopted by the City Council at a regular public meeting; and WHEREAS, Capital Improvement Program (CIP) STL335 was included in the Fiscal Year 2007 -08 CIP Budget approved by City Council; and WHEREAS, in the Fiscal Year 2007-08 CIP Budget, $3.5 million was included as the anticipated contribution from Proposition 1B funds to finance STL335, Pavement Rehabilitation FY07-08; and WHEREAS, the City received notification from the California Department of Finance that the City is eligible to receive $3,662,769.41 in Proposition 1B funds in Fiscal Year 2007-08. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. That it authorizes staff to submit CIP STL335, Pavement Rehabilitation FY07-08, to the California Department of Finance in order to receive Proposition 1B funds. 2. That it appropriates $3,662,769.41 in Proposition B1 funds to CIP STL335, Pavement Rehabilitation FY07-08. 6-7 Presented by Jack Griffin Engineering and General Services Director Approved as to form by '.~~ J- ~~ r Ann Moore City Attorney H:\ENGINEER\RESOS\Resos2008\03_18_08\Prop IB Funding tor STL335 revised by ec.doc 6-8 CITY COUNCIL AGENDA STATEMENT 3/18/08, Iteml ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING PALSONS ELECTRICAL SERVICES' BID, ACCEPTING THE SECOND LOWEST BID AND AWARDING CONTRACT TO STARS ELECTRIC FOR THE "EUCALYPTUS PARK SECURITY LIGHTING (CIP NO. PR-288) PROJECT SUBMITTED BY: DIRECTOR OF ENGINEERING AND GENERAL SERVICES~t CITY MANAGER tfJ/J1tJt ASSISTANT CITY ~~:R <7~ 4/STHS VOTE: YES D NO ~ REVIEWED BY: SUMMARY On December 11,2007, Council awarded the contract for "Eucalyptus Park Security Lighting (CIP No. PR-288) Project to Palsons Electrical Services, Inc. The contractor was unable to obtain performance bonds for this project, therefore, will be rejected due to non-compliance. Under these circumstances, to proceed, the City can award the contract to the second low bidder, Stars Electric. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 3 (d) & (e) Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On July 25, 2007 at 2:00 p.m., the Director of General Services received five (5) sealed bids for "Eucalyptus Park Security Lighting (PR-288)" project. The project will provide security lighting throughout the park. 7-1 3/18/08, Item-2- Page 2 of 3 Proiect Bid Results Staff received and opened bids on July 25,2007 at 2:00 p.m. The lowest responsive bidder was the contractor who fulfilled the requirements detailed in the contract documents and who submitted the lowest base bid for the project construction. Bids from the five (5) contractors were received as follows: CONTRACTOR BASE BID Palsons Electrical Services, Inc - El Cajon, CA $49,940.00 Stars Electric -San Diego, CA $59,400.00 HMS Construction - San Marcos, CA $60,000.00 Lekos Electric - El Cajon, CA $66,500.00 3-D Entel1'rises - San Diego $76,850.00 After reviewing the bid documents, staff discovered a discrepancy with the grand total bid amount. The amount submitted was $49,940.00, however the grand total amount was written as $49,490.00. This base bid is $9,460.00 less than the second lowest bidder. In consultation with the City Attorney's office, staff determined that the irregularity was clerical in nature and that the City could proceed with the award to Palsons Electrical Services. On December 11, 2007, by Resolution 2007-294, Council awarded the contract to Palsons Electrical Services. However, the contractor was unable to obtain performance bonds to cover the amount of $ 49,940.00. The second lowest base bid from Stars Electric, in the amount of $59,400.00 fully complied with all bid requirements and is above the Engineer's estimate of $50,000.00 by $9,400.00 or approximately + 19%. Building and Park Construction staff has verified the references provided by Stars Electric and has found their work to be satisfactory. The Contractor's License Number for Stars Electric is clear and current. Therefore, staff recommends rejecting Parsons Electrical Services bid due to non- compliance and awarding the contract to second lowest bidder Stars Electric, in the amount of $59,400.00. Disclosure Statement Attachment 1 is a copy of the contractor's Disclosure Statement. Wage Statement Contractors bidding this project were required to pay prevailing wages to persons employed by them for the work under this project. Disadvantaged businesses were encouraged to bid by sending the Notice to Contractors to various trade publications. 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. 7-2 3/18/08, Item 2- Page 3 of 3 FISCAL IMPACT A breakdown of project costs and funding is as follows: FUNDS REQUIRED FOR PROJECT A. B. C. Contract Amount Contingencies (8% of contact amount) Staff Time Cost (approx 8% of total): $59,400.00 $5,000.00 $5,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $69,400.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Community Development Block Grant (CDBG) TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $69,400.00 $69,400.00 Upon completion of the project, the improvements will require only routine City maintenance. ATTACHMENTS I - Contractor's Disclosure Statement Prepared by: Gordon Day, Construction Project Manager, General Services Department / Dick Thompson, , Constnlction Project Manager, General Services Department M:\General Services\GS Administration\Council Agenda\PR288 Eucalyptus Park Lighting\PR2884 Rev 030508rev.doc 7-3 ArT :'. CHMENT / CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City ofCbula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. fvA 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals \vith a $2000 investment in the business (corporation/partnership) entity. 3. lfanyperson' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 5. Has any person' associated with this contract had any financial dealings with an official" of the City of Cbula Vista as it relates to this contract within the past 12 months? Yes_ NoY 7-4 If Yes, briefly describe the nature of the financial interest the official"* may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No X Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official ** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No )( If Yes, which official"" and what was the nature of item provided? Date: (17. '1--1+ 01 , , ~ 1./,/ II I"~ _ ,"""".J1~'1i:'F-- ~7~.:..l /", - Signature of Contractorl Applicant 0\'''/))< Y...... ]:..;/).7} a .{ 11th) (//11' Print or type name of ContractorlApplicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the Gty, employee, or staff members. 7-5 RESOLUTION NO. 2008- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING PALSONS ELECTRICAL SERVICES' BID, ACCEPTING THE SECOND LOWEST BID AND AWARDING CONTRACT TO STARS ELECTRIC FOR THE ~EUCAL YPTUS PARK SECURITY LIGHTING (CIP NO. PR-288) PROJECT WHEREAS, on July, 25, 2007 at 2:00 p.m., the Director of Engineering and General Services received five (5) sealed bids for ~Eucalyptus Park Security Lighting (PR-288)" project. The project will provide security lighting throughout the park; and WHEREAS, bids from the five (5) contractors were received as follows: CONTRACTOR Palsons Electrical Services, Inc - El Cajon, CA Stars Electric -San Diego, CA HMS Construction - San Marcos, CA Lekos Electric - El Cajon, CA 3-D Enterprises - San Diego BASE BID $49,940.00 $59,400.00 $60,000.00 $66,500.00 $76,850.00 WHEREAS, after reviewing the bid docwnents, staff discovered a discrepancy with the grand total bid amount submitted by Pal sons Electrical Services, Inc.; and WHEREAS, it was determined that the irregularity was clerical in nature and that the City could proceed with the award to Palsons Electrical Services; and WHEREAS, on December 11, 2007, by Resolution 2007-294, Council awarded the contract for ~Eucalyptus Park Security Lighting (CIP No. PR-288) Project to Palsons Electrical Services, Inc.; and WHEREAS, contractor was unable to obtain performance bonds to cover the amount of $49,940.00 and their bid is rejected due to non-compliance; and WHEREAS, the second low bidder Stars Electric has met all the contract requirements, and staff has verified the references provided by the contractor and their work has been satisfactory. 7-6 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby reject Pal sons Electrical Services' bid, accept the second lowest bid and award the contract to Stars Electric for the "Eucalyptus Park Security Lighting (CIP No. PR-288) Project. Presented by Approved as to form by Jack Griffin Director of Engineering and General Services ~'\}.)( Q{\\\~ ~'O ~ Ann Moore City Attorney 7-7 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT MARCH 18, 2008, Item Q (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; (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 FY08 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,600 BASED ON UNANTICIPATED REVENUE; (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 FY08 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $4,600 BASED ON UNANTICIPATED REVENUE; (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 BEFORE-SCHOOL AND EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FY08 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $14,200 BASED ON UNANTICIP ATED REV~ DIRECTOR OF REl!1 CITY MANAGER ASSISTANT CITY AGER ") ~ 4/5THS VOTE: YES ~ NO I 8-1 MARCH 18, 2008, Item~ Page 2 of3 SUMMARY The Sweetwater Union High School District has awarded an $87,504 contract to the City of Chula Vista for the provision of after-school programming at six Chula Vista Middle Schools. Adoption of the resolutions approves the Memorandums of Understanding between the City and the schools and appropriates the funds. 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 defmed under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not Applicable DISCUSSION The Recreation Department and the Sweetwater Union High School District (SUHSD) jointly fund, through Memorandums of Understanding (MOD) the Middle School after- school program offered at six middle schools. The program is additionally funded from State grants received by several of 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 with Sweetwater Union High School District, the City of Chula Vista provides recreational programming during specified non-school hours at Chula Vista Middle School, Rancho Del Rey Middle School, Castle Park Middle School, Hilltop Middle School, Eastlake Middle School, and Bonita Vista Middle School. 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 programming be provided by the Department, to be funded from a State grant. Hilltop Middle School is proposing an MOU with the City for $6,600 to fund staffing for extended hours after school. Castle Park Middle School is proposing an MOU with the City for $4,600 to fund staffing for extended hours after school. Chula Vista Middle School is proposing an MOU with the City for $14,200 to fund staffmg for extended hours both before school as well as after school. 8-2 MARCH 18, 2008, Item~ Page 3 'oB 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 and the City of Chula Vista jointly fund the costs of the core middle school program. Expenditures and revenues for this program are currently included in the Fiscal Year 2007/2008 Recreation Department budget, and do not need to be appropriated. SUHSD will reimburse the City for expenses following the submittal of invoices for services rendered. The Fiscal Year 2007/2008 budget for the Recreation Department is proposed to be amended by $25,400 for the program enhancements at three of the middle schools, fully offset by reimbursements from the middle schools, with no net impact to the General Fund. The schools will reimburse the City for expenses following the submittal of invoices for services rendered. 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 of Chula Vista Attachment "D" - Agreement between Chula Vista Middle School and City of Chula Vista Prepared by: John Gates, Senior Recreation Manager, Recreation Department 8-3 RESOLUTION NO. 2008- 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 WHEREAS, the Sweetwater Union High School District (SUHSD) has awarded an $87,504 contract to the City of Chula Vista for the provision of after-school programming at six Chula Vista Middle Schools; and WHEREAS, the Recreation Department and SUHSD jointly fund, through Memorandums of Understanding (MOU) the Middle School after-school program offered at six middle schools; and WHEREAS, the program is additionally funded from State grants received by several of the individual schools; and WHEREAS, activities include sports, crafts, homework help, games, special events, field trips, specialized classes and much more; and WHEREAS, the program is free to all participants; and WHEREAS, due to the success of the program, Hilltop Middle School, Castle Park Middle School, and ChuIa Vista Middle School have requested that additional hours of daily programming be provided by the Department, to be funded from a State grant; and WHEREAS, Hilltop Middle School is proposing an MOU with the City for $6,600 to fund staffing for extended hours after school; and WHEREAS, Castle Park Middle School is proposing an MOU with the City for $4,600 to fund staffing for extended hours after school; and WHEREAS, Chula Vista Middle School is proposing an MOU with the City for $14,200 to fund staffing for extended hours both before school as well as after school. NOW, THEREFORE, 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. Submitted by Approved as to form by ~'{~~~\\ Ann Moore City Attorney Buck Martin Director of Recreation 8-4 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 ~r~\\\'I\~~ Ann Moore City Attorney Dated: ~x\!''l G,,' 1J::i::::>1; Memorandum of Understanding Between the City of Chula Vista and Sweetwater Union High School District 8-5 MIDDLE SCHOOL RECREATION PROGRAMS Memorandum of Understanding 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") 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. IEEM - The term of this agreement shall be for a period of 12 months, commencing on July 1, 2007, and ending June 30, 2008. 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. PROGRAM - City shall provide recreational programming during non-school hours at designated middle schools Recreational programming may include sports and activities which are offered to all students who wish to participate. 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; SUI ISO MOU l-"'Y07-08 R~viseu 11-05-07 8-6 The programs will be conducted and provided on middle school sites only. Unless sponsored by the, City staff will not participate in activities which may take place in other areas of the City during the time-period of the Agreement. 3. Fl INniNG - It is agreed that the District will provide $87,504 ("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: On-Site Programmatic Staff Supervisory Oversight Athletics Supplies and Services Contract Costs with YMCA $29,332 $42,245 $ 5,253 $ 5,907 $ 3,750 TOTAL $86,490 4. CONSIDFRATION -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. NOTICF - 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: Diane Russo, Chief Financial Officer Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911 6. INnFMNIFICATION ANn INSI JRANCF - 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 SUHSD MOU FY07-08 Revised J [-05-07 ? 8-7 "A", and is incorporated by reference. 7. PFRMITS - City shall complete and submit District's Application and Permit for Use of School Facilities and Grounds as required by each school site administrator. 8. FINGFRPRINT (';1 FARAN(,;F 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 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: , 2007 THE CITY OF CHULA VISTA Sweetwater Union High School District A'~~~'~ Cheryl Cox, Mayor Dianne L. Russo, Chief Financial Officer Approved as to form by: Ann Moore City Attorney Attest: Susan Bigelow, City Clerk SUHSD MOU FY07-08 Revised [1-05-07 '1 8-8 RESOLUTION NO. 2008- 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 FY08 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,600 BASED ON UNANTICIPATED REVENUE WHEREAS, the Sweetwater Union High School District (SUHSD) has awarded an $87,504 contract to the City of Chula Vista for the provision of after-school programming at six Chula Vista Middle Schools; and WHEREAS, the Recreation Department and SUHSD jointly fund, through Memorandums of Understanding (MOU) the Middle School after-school program offered at six middle schools; and WHEREAS, the program is additionally funded from State grants received by several of the individual schools; and WHEREAS, activities include sports, crafts, homework help, games, special events, field trips, specialized classes and much more; and WHEREAS, the progr,am is free to all participants; and WHEREAS, 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 programming be provided by the Department, to be funded from a State grant; and WHEREAS, Hilltop Middle School is proposing an MOU with the City for $6,600 to fund staffing for extended hours after school. NOW, THEREFORE, 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. BE IT FURTHER RESOLVED that City Council of the City of Chula Vista does hereby amend the FY08 Recreation Department budget by appropriating $6,600 based on unanticipated revenue. Submitted by Approved as to form by ~'1",~~r~~\ Ann Moore . City Attorney Buck Martin Director of Recreation 8-9 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~]<'V\~~~ Ann Moore' City Attorney Dated:f\'t..~"l\ \0 ) 1..I::Xf; Memorandum of Understanding Between the City of Chula Vista and Hilltop Middle School for After-School Program Hours 8-10 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 School") to provide after-school program hours at Hilltop Middle School during the time school is in session between September 4, 2007 and June 12, 2008; 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 $6,600 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 8-11 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 4, 2007 through June 12, 2008. Staffing will consist of 190 hours of a Recreation Specialist and 260 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 $6,600.00 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 25, 2008 and at the school end, June 12, 2008 payable within 30 days of receipt. IV. TERMITERMINATlON The term of this Agreement shall commence on September 4 2007, and continue through June 12, 2008, 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/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 8-12 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: ,2007 THE CITY OF CHULA VISTA HILLTOP MIDDLE SCHOOL Cheryl Cox, Mayor 4A~~C ~A'~ Dianne Russo, SUHSD Chief Financial Officer Approved as to form by: Ann Moore City Attorney Page 3 8-13 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 4, 2007 through June 12, 2008, on the days that school is in session, from Monday through Friday, based on 180 school days: 5:15pm - 6:15pm (1.00 extra hour per dav) Recreation Specialist: - 190 hours Recreation Leader 11-190 hours TOTAL: 380 hours Hours for staff meetinos. special events. as needed Recreation Leader II - 70 hours (35 Early Dismissal Days x 2 hours) Summarv: Recreation Specialist - 190 Recreation Leader II - 260 TOTAL: 450 Hours Page 4 8-14 BUDGET WORKSI-. . r - PI t; I At-I- - FY 05/06 PROGRAM: Hilltop Middle School- Fall I General Operating Hours (1) Extra Hour Times: Leader Specialist Daily Total: Aide Leader Specialist OTHER co I ~ U1 Th S t d S d Monday Tuesday Wednesday ursday Friday a ur ay un ay 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 Total # # Weekly of of Total Hours Weeks Staff Hours 0......... ..... .. 0; 1 1 1 1 1 I .. 5- .... 15 1 ........75,. 1 1 1 1 1 <;5. .'i: 15 1 . ,>,75,; i.O.,< ':V;,:,! ,,;+,150-:>,.. RATE HOURS Step: Step: Step: Step: Step: Step: Step: Step: Aide Leader Specialist OTHER PERS Aide PERS Leader PERS Specialist PERS OTHER 12.08 15.23 B TOTAL Existing Program Existing Changed Program New Program B Justification/Comment: SUBTOTAL PARS MEDICARE PERS TOTAL 75 75 fN::2'166 BUDGET WORKSHEl:: r - PT STAFF - FY (Winter-Spring 06107 PROGRAM: Hilltop Middle School- Winter/Spring General Operating Hours (1) Extra Hour Monday Tuesday Wednesda~ Thursday Friday Saturday Sunday 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 Total # # Weekly of of Total Hours Weeks Staff Hours . 0 ........0..... 1 1 1 1 1 ......5 23 1 .115..' 1 1 1 1 1 ..5..... 23 1 115 '..0., ..".,..0....".1.., .",.230,,,,,, Times: Leader Specialist Daily Total: Aide Leader Specialist OTHER 00 I ~ en Step: Step: Step: Step: Step: Step: Step: Step: Aide Leader Specialist OTHER PERS Aide PERS Leader PERS Specialist PERS OTHER Existing Program Existing Changed Program New Program a Justification/Comment: Anticipate that staff will be eligible for Step B TOTAL RATE 12,57 15.84 HOURS SUBTOTAL PARS PERS MEDICARE 115 115 BUDGET WORKSIi...CT - PT STAFF - FY 04105 PROGRAM: Hilltop Middle School - Fall Early Dismissal Times: Leader Specialist Mondav Tues ay e nes ay ursday Friday a ur ay un ay 12:00-2:00 Total # # Weekly of of Total Hours Weeks Staff Hours ,0 ." "0,.' 2 ,.,2.' 13 1 '26 i.... ,'..0. 1 ....,.o!.,... ......,. ..0," ., 0 ". d Wd d Th S t d S d Daily Total: Aide Leader Specialist CD I ~ RATE HOURS .... Step: Step: Step: Step: Step: Step: Step: Step: Aide leader Specialist 12.08 26 PARS MEDICARE PERS PERS Aide PERS leader PERS Specialist PERS TOTAL h,>".'330 Existing Program New/Expanded Program x Justification/Comment: AntiCipate staff will be eligible for Step B PROGRAM: Times: Leader Specialist Daily Total: Aide Leader Specialist ex> I ~ ex> BUDGET WORKSHEE I - PT STAFF - FY 07/08 Hilltop Middle School - General Operating Hours - Winter & Spring - Early Dismissals Mondav Tuesdav Wednesdav Thursdav Friday Saturdav Sundav 12:00-2:00 Total # # Weekly of of Total Hours Weeks Staff Hours . <.0 . '. . ....0.... 2 ,. .2.'" 22 1 ,,44 '/." ..' 1 ".' 0" . ... 0., ., i ....... ,0' Step: Step: Step: Step: Step: Step: Step: Step: RATE HOURS Aide Leader 12.57 44 Specialist PERS Aide PERS Leader PERS Specialist PERS TOTAL X Existing Program New/Expanded Program Justification/Comment: RESOLUTION NO. 2008- 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 FY08 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $4,600 BASED ON UNANTICIPATED REVENUE WHEREAS, the Sweetwater Union High School District (SUHSD) has awarded an $87,504 contract to the City of Chula Vista for the provision of after-school programming at six Chula Vista Middle Schools; and WHEREAS, the Recreation Department and SUHSD jointly fund, through Memorandums of Understanding (MOU) the Middle School after-school program offered at six middle schools; and WHEREAS, the program is additionally funded from State grants received by several of the individual schools; and WHEREAS, activities include sports, crafts, homework help, games, special events, field trips, specialized classes and much more; and WHEREAS, the program is free to all participants; and WHEREAS, 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 programming be provided by the Department, to be funded from a State grant; and WHEREAS, Castle Park Middle School is proposing an MOU with the City for $4,600 to fund staffing for extended hours after school. NOW, THEREFORE, 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. BE IT FURTHER RESOLVED that City Council of the City of Chula Vista does hereby amend the FY08 Recreation Department budget by appropriating $4,600 based on unanticipated revenue. Submitted by Approved as to form by ~\)J(J~~{M, Ann Moore City Attorney Buck Martin Director of Recreation 8-19 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL -FMf QI\I\ \'l\r~~ \1 , \ Ann Moore City Attorney Dated: ~~~ 10, '2.>::XJ( Memorandum of Understanding Between the City of Chula Vista and Castle Park Middle School for After-School Program Hours 8-20 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 4,2007 and June 12, 2008; 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 $4,600 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 8-21 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 4, 2007 through June 12, 2008. Staffing will consist of 282 hours of Recreation Specialist at the City's prevailing wages. Additional after- school hours are added for the 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 $4,600.00 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 25, 2008 and at the school end, June 12, 2008 payable within 30 days of receipt. IV. TERM/TERMINATION The term of this Agreement shall commence on September 4, 2007, and continue through June 12, 2008, 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 /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 8-22 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: ,2007 THE CITY OF CHULA VISTA CASTLE PARK MIDDLE SCHOOL Cheryl Cox, Mayor A:!LdU'AY ~1f/U Dianne Russo, SUHSD Chief Financial Officer Approved as to form by: Ann Moore City Attorney Page 3 8-23 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 4, 2007 through June 12, 2008, 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 TOTAL: 190 hours 10:002:00 pm (2.00 hours per x eleven Saturday's) - District Basketball Recreation Specialist - 22 hours TOTAL: 22 hours Hours for staff meetinas. specials events. as needed Recreation Specialist - 70 hours (35 Early Dismissal Days x 2 hours) TOTAL: 70 hours Summary: Recreation Specialist - 282 hours Page 4 8-24 BUDGET WORKSHL ( - PT STAFF - FY 07/08 PROGRAM: Castle Park Middle School - Fall Early Dismissal M d T d Wd d Th d F "d S t d S d Times: Leader Specialist on av ues av e nes av urs av n ay a ur av un ay 12:00-2:00 Total # # Weekly of of Total Hours Weeks Staff Hours . 0 '. 0 .0 ...... O. 2 '. 2..... 13 1 "26. .. .0" .....0 ;'.. Daily Total: Aide Leader Specialist Q) I '" en RATE HOURS Step: Step: Step: Step: Step: Step: Step: Step: Aide Leader Specialist $14.51 26 SUBTOTAL o O. 377.26 o .0 PERS Aide PERS Leader PERS Specialist PERS TOTAL .,.:..",,377 .$..,..;....'.,14. $.0>.:.".,.397 Existing Program New/Expanded Program x Justification/Comment: Anticipate staff will be eligible for Step B PROGRAM: Times: Leader Specialist Dally Total: Aide leader Specialist 00 I N a> BUDGET WORKSHEEI - PT STAFF - FY 07/08 Castle Park Middle School - General Operating Hours - Winter & Spring - Early Dismissals Monday Tuesday Wednesday Thursday Friday Saturday Sunday 12:00-2:00 Total # # Weekly of of Total Hours Weeks Staff Hours ,0 .. ... .. 0...... o. '. 0 .. 2 '2. 22 1 ..' ..44. . O' :., .....0.:. Step: Step: Step: Step: Step: Step: Step: Step: RATE HOURS Aide Leader Specialist 15.69 44 PERS Aide PERS Leader PERS Specialist PERS TOTAL X PARS PERS TOTAL MEDICARE Existing Program New/Expanded Program Justification/C.omment: OUU\.:JC I vvur\l'\.i)n I -,.. I u Il"\rr - r, VllVa PROGRAM: Castle Park Middle School- Fall/ General Operating Hours (1) Extra Hour Times: Leader Specialist Daily Total: Aide leader Specialist OTHER co I '" ..... Mondav Tuesdav ~ednesdav Thursday Friday Saturday Sunday 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 Total # # Weekly of of Total Hours Weeks Staff Hours 0' " 0 "", 0, ' " ,",0' , 1 1 1 1 1 " .5 , 15 1 "'," 75 1..",...'0.' , .}. 0/.< '75 Step: Step: Step: Step: Step: Step: Step: Step: Aide Leader Specialist OTHER PERS Aide PERS Leader PERS Specialist PERS OTHER Existing Program Existing Changed Program New Program B Justification/Comment: RATE 14.51 TOTAL HOURS SUBTOTAL o O. .' 1088.25.,. MEDICARE o .0 15,779625 PERS 75 , ,.",'<1,088' ',7",,;;,,16 BUDGET WORKSHEt: (- PT STAFF - FY (Winter-Spring 07/08 PROGRAM: Castle Park Middle School- Winter/Spring General Operating Hours (1) Extra Hour Monda Wednesda Times: Leader Specialist 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 Total Weekly Hours # of Weeks # of Staff Total Hours Daily Total: Aide Leader Specialist OTHER 1 1 1 1 1 o o 5 o 23 1 o o 115 o 115, TOTAL o co I '" co RATE HOURS SUBTOTAL ,0 ,0 115 '1804.35;, MEDICARE PERS Step: Step: Step: Step: Step: Step: Step: Step: Aide Leader Specialist OTHER PERS Aide PERS Leader PERS Specialist PERS OTHER $15.69 TOTAL '18"'$ 68 i!;'!;-S:\i:',,,,-_,. _ u-t(>+~!i/~ti:";,'i8, ': ii:E:o'f"iSF;. .:.:1898 Existing Program Existing Changed Program New Program a Justification/Comment: Anticipate that staff will be eligible for Step B PROGRAM: Times: Leader Specialist Daily Total: Aide Leader Specialist co I I'J CD BUDGET WORKSHE'i: r - PT STAFF - FY 07/08 Castle Park Middle School District Basketball League M d T W d d h d F 'd S d S on ay uesday e nes ay T urs ay n ay atur ay unday 12:00-2:00 Total # # Weekly of of Total Hours Weeks Staff Hours ',' 0... . o .,. I.. ,., ..... 1 0 2 '. .2 11 1 22: I' o " '<.0' '. Step: Step: Step: Step: Step: Step: Step: Step: RATE HOURS Aide Leader Specialist 15,69 22 PERS Aide PERS Leader PERS Specialist PERS TOTAL X TOTAL o 0.00 363.13 o 0" PERS Existing Program New/Expanded Program Justification/Comment: RESOLUTION NO. 2008- 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 BEFORE-SCHOOL AND EXTENDED AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FY08 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $14,200 BASED ON UNANTICIPATED REVENUE WHEREAS, the Sweetwater Union High School District (SUHSD) has awarded an $87,504 contract to the City of Chula Vista for the provision of after-school programming at six Chula Vista Middle Schools; and WHEREAS, the Recreation Department and SUHSD jointly fund, through Memorandums of Understanding (MOU) the Middle School after-school program offered at six middle schools; and WHEREAS, the program is additionally funded from State grants received by several of the individual schools; and WHEREAS, activities include sports, crafts, homework help, games, special events, field trips, specialized classes and much more; and WHEREAS, the program is free to all participants; and WHEREAS, 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 programming be provided by the Department, to be funded from a State grant; and WHEREAS, Chula Vista Middle School is proposing an MOU with the City for $14,200 to fund staffing for extended hours both before school as well as after school. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City of Chula Vista and Chula Vista Middle School for the provision of before-school and extended after-school program hours. BE IT FURTHER RESOLVED that City Council of the City of Chula Vista does hereby amend the FY08 Recreation Department budget by appropriating $14,200 based on unanticipated revenue. Submitted by Approved as to form by ~\).,X ~\j\J~ ~~ ~\\ Ann Moore City Attorney Buck Martin Director of Recreation 8-30 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 i' Dated:); \ \l,:r,,~ \,.'" 1no'6' \ -- <) Memorandum of Understanding Between the City of Chula Vista and Chula Vista Middle School for Before and After School Program Hours 8-31 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 4,2007 and June 12, 2008; 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 $14,200 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 8-32 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 4, 2007 through June 12, 2008. Staffing will consist of 666.00 hours of Recreation Specialist, 286.00 hours of Recreation Leader II for a total of 952 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 $14,200 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 Chula Vista Middle School twice during the school year beginning January 25, 2008 and at the school end, June 12, 2008 payable within 30 days of receipt. IV. TERMrrERMINA TION The term of this Agreement shall commence on September 4, 2007, and continue through June 12, 2008, 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 8-33 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 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: ,2007 THE CITY OF CHULA VISTA CHULA VISTA MIDDLE SCHOOL Cheryl Cox, Mayor 4~4;"''p ~fi4/~ Dianne Russo, SUHSD Chief Financial Officer Approved as to form by: Ann Moore City Attorney Page 3 8-34 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 4, 2007 through June 12, 2008, on the days that school is in session, from Monday through Friday, based on 180 school days: 6:15 -8:15 am 12 hours oer dav) Recreation Specialist - 380 hours* TOTAL: 380 hours 5:15om-6:15omI1 hour oer dav) Recreation Specialist: - 190 hours Recreation Leader II - 190 hours TOTAL: 380 hours Hours for staff meetinas. field trios. soecial events. as needed Recreation Specialist: - 70 hours (pHAT Friday's/Early Dismissal) Recreation Leader 11- 70 hours (PHAT Friday's/Early Dismissal) Recreation Specialist - 26 hours (Staff Meetings) Recreation Leader 11- 26 hours (Staff Meetings) TOTAL: 192 hours Summary: Recreation Specialist: - 666 hours Recreation Leader II - 286 hours TOTAL: 952 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 8-35 tlUUL;t:.J VVUKK.~ .1:.1 - I-' I ::; J At-t- - t-Y UIIUtl PROGRAM: Chula Vista Middle School- General Operating Hours Times: Leader Specialist Specialist Daily Total: Aide leader Specialist OTHER ex> I CJ.) 0'1 Monday Tuesday Wednesda~ Thursday Friday Saturday Sunday 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 6:15-8:15 6:15-8:15 6:15-8:15 5:15-8:15 5:15-6:15 Total # # Weekly of of Total Hours Weeks Staff Hours o '. .0 . 1 1 1 1 1 I.... 5, 15 1 ",75. .... 3 3 3 3 3 I.. .15" . 15 1 i 225'" . O. ,', "n.. I.... ,300.., Step: Step: Step: Step: Step: Step: Step: Step: Aide Leader Specialist OTHER PERS Aide PERS Leader PERS Specialist PERS OTHER Existing Program Existing Changed Program New Program a Justification/Comment: Anticipate staff will be eligible for Step B RATE 12.08 14.51 TOTAL HOURS SUBTOTAL PERS TOTAL ..0 '953.112 3434.517 0, 75 225 " ',.4171' ....'i,' .156 :$>,.... ,,' 60 $",,4388 BUDGET WORKShc'ET - PT STAFF - FY (Winter-Spring 06/07 PROGRAM: Chula Vista Middle School- Winter/Spring General Operating Hours (Extra Hours) Times: Leader Specialist Specialist Daily Total: Aide Leader Specialist OTHER 00 I u:> -.l Mondav Tuesday Wednesday Thursdav Fridav Saturday Sunday 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 5:15-6:15 6:15-8:15 6:15-8:15 6:15-8:15 6:15-8:15 6:15-8:15 Total # # Weekly of of Total Hours Weeks Staff Hours ".0.' " 0 . 1 1 1 1 1 5. . 23 1 I. ..115 " 3 3 3 3 3 '. ,15 .,..' 23 1 ' 345' . 0 ,. 1><0", ...' I.', ,.460}" RATE HOURS SUBTOTAL O. ,. . 1445;55" 5206:05 x o MEDICARE PERS Step: Step: Step: Step: Step: Step: Step: Step: Aide Leader Specialist OTHER PERS Aide PERS Leader PERS Specialist PERS OTHER 12.57 15,09 115 345 1!1.. &-. TOTAL ',.6997 Existing Program Existing Changed Program New Program a Justification/Comment: Anticipate that staff will be eligible for Step B PROGRAM: Times: Leader Specialist Daily Total: Aide Leader Specialist 00 I w 00 BUDGET WORKSheET - PT STAFF - FY 07/08 Chula Vista Middle School- Fall PHAT Friday's & Early Dismissals Monday Tuesday VVednesday Thursday Fridav Saturday Sunday 12:00-2:00 12:00-2:00 Total # # Weekly of of Total Hours Weeks Staff Hours , 0..',. 0/ 2 2 13 1 26.' 2 .. 2:..... 13 1 ' .'.,26<' . 0 .. 0,' RATE HOURS SUBTOTAL MEDICARE Step: Step: Step: Step: Step: Step: Step: Step: PERS Aide PERS Leader PERS Specialist PERS PERS TOTAL o 330.41. . 396.88 '0. Aide Leader Specialist 12.08 1 26 26 TOTAL .$..;.../....'691. '$"::.,;.,:...26 $'/.;;)..;.",10', Existing Program New/Expanded Program x Justification/Comment: Anticipate staff will be eligible for Step B PROGRAM: Times: Leader Specialist Daily Total: Aide Leader Specialist 00 I w co BUDGET WORKSHEET - PT STAFF - FY 04/05 Chula Vista Middle School- PHAT~~S I Early Dismissals Monday Tuesday Wednesday Thursday Friday Saturday Sunday 12:00-2:00 12:00-2:00 Total # # Weekly of of Total Hours Weeks Staff Hours .0.. . 0 2 2 .'. 22 1 ,44, 2 ." 2'." . 22 1 44 . .. o .... . ." O. -c- RATE HOURS Step: Step: Step: Step: Step: Step: Step: Step: Aide Leader Specialist 12.57 15.09 44 44 SUBTOTAL o .553:08./, . 663.96. PARS MEDICARE PERS PERS Aide PERS Leader PERS Specialist PERS TOTAL " ..1 217~ Existing Program New/Expanded Program x Justification/Comment: Anticipate staff will be eligible for Step B l;hula Vista Mlddk ':hool/ :starr Meetings - I-V UflUlS PROGRAM: Chula Vista Middle School I Staff Meetings Times: Leader Specialist Daily Total: Aide leader Specialist OTHER co I .". o Step: Step: Step: Step: Step: Step: Step: Step: Aide Leader Specialist OTHER PERS Aide PERS leader PERS Specialist PERS OTHER Monday Tuesday Wednesday Thursday Friday Saturday Sunday 2:00-3:00 2:00-3:00 Total # # Weekly of of Total Hours Weeks Staff Hours ....0, '. " 0 1 ..1 ......... 26 1 26. . 1 . 1 26 1 26 0 0', I, 52.; : Existing Program Existing Changed Program New Program ~ Justification/Comment: Anticipate that staff will be eligible for Step B RATE HOURS SUBTOTAL , 326.82 ' 392.34 ~ 0., o PARS o .12:25575 ':.14.71275' o 12,57 15.09 26 26 MEDICARE PERS TOTAL 0,' ,:,' '." '.,......-.. .. ":.C.,, "".,719 / CITY COUNCIL AGENDA STATEMENT :s'Yf::. CITY OF - -"" CHULA VISTA MARCH 18, 2008, Item~ REVIEWED BY: HOUSING ELEMENT REPORT FOR JULY 1, 2006 - DECEMBER 31, 2007 ERIC CROCKETT~. SS STANT DIRECTOR OF REDEVELOPMENT. SING {to CITY MANAGER ~ ITEM TITLE: SUBMITTED BY: 4/5THS VOTE: YES D NO 0 SUMMARY The City of Chula Vista is required to prepare an Annual Progress Report (Report) on the implementation of the City's Housing Element. California Government Code Section 65400 requires the report to include the following: (1) progress in meeting the Regional Housing Need; (2) the effectiveness of the Housing Element in the attainment of the cornmunity's housing goals and objectives; and (3) progress toward mitigating governmental constraints identified in the Housing Element. This report provides detailed information regarding the housing activities of the City of Chula Vista from July 1, 2006 through December 31, 2007. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actIvIty for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no further environmental review is necessary. RECOMMENDATION Accept the Chula Vista Housing Element 2006-2007 Annual Progress Report. BOARDS/COMMISSION RECOMMENDATION No action is required. The Housing Advisory Cornmission received the Housing Element Report for 2006-2007, and will review it at their meeting on March 26,2008. 9-1 MARCH 18,2008, Iteml Page 2 of2 DISCUSSION The Chula Vista Housing Element Report, included as Attachment 1, provides detailed information regarding the housing activities of the City of Chula Vista from July 1,2006 through December 31, 2007. The Report provides a summary of progress based on the goals and objectives outlined in the 2005-2010 Housing Element. The 2005-2010 Housing Element was adopted by City Council on October 24, 2006 and accepted by the Department of Housing and Community Development (HCD) in January 2007. 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)(I) is not applicable to this decision. FISCAL IMPACT None. ATTACHMENTS 1. Chula Vista Housing Element 06-07 Annual Progress Report Prepared by: Amanda Mills, Redevelopment and Housing Manager, Redevelopment and Housing Stacey Kurz, Senior Project Coordinator. Redevelopment and Housing 9-2 Attachment 1 pagelof1 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 ~6202 ) Jurisdiction Reporting Period City of Chula Vista 1~Ju1-06 31~Delr07 Table A Annual Building Activity Report Very Low-, Low-, and Moderate-Income Units and Mixed-lncome Multifamily Projects Housing Development Information HoulIlngwlthFlnllnclal Aulshmcellndfor Deed R.str\ctionll Housing without FlnlllncialAllllllltance or Deed Restrlctions co I c..> 887 (9) Total of Above Moderate from Table A2 .. .. .. .. .. .. (10) Total by income units (Field 5) Table A .. .. .. 887 887 Table A2 Annual Building Activity Report Summary for Above Moderate-Income Units (not including those units reported on Table A) No. of Units Permitted for Above Moderate Single Family 2~4UnHs 5+ Units Second Unlt Mobile Homes Total July 2006 - December 2006 333 13 105 451 January 2007 . December 2007 256 34 146 436 Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability Year 1 ~ Main Plaza/Brisa del Mar, Sedana & Mar Brisa intota's) Vear 1/2 ~ Seniors on Broadway RHNA Allocation period began January 2005, 112005- FY 2005- 7/2006 - reporting period switched to Calendar Year in 612005 2006 1212006 2007 2009 2010 2007. Total Units Total RHNA to Date Remaining RHNA Income Level Allocation by Year Year Year Year Year Year Year Year (all years) by Income Level Income Level 1 1/2 2 3 5 6 7 6 Deed Restricted 10 41 0 0 51 Very Low Non-deed 3,675 3,624 restricted 0 0 0 0 Deed Restricted 140 0 0 0 140 Low Non-deed 2,945 2,605 restricted 0 0 0 0 Deed Restricted 236 0 0 0 236 Moderate ~on-deed - 3,255 3,017 CO 0 0 0 0 I restricted "" ove o erate 7,146 567 1,367 451 436 2,641 4,307 otal R Aby G. 17,223 Enter allocation number: 3,270 Total Units .. .. .. 975 1,406 451 436 13,953 Remaining Need for RHNA Period .. .. .. .. .. All units except Seniors on Broadway and Los Vecinos were inclusionary units Year 3 - No Buifding Permits Issued *Year 4 . Los Vecinos & The Landings (not included Table C Program Implementation Status (Since 2005) Program Description Housing Programs Progress Report - Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element. Name of Program Objective Priority Deadline Status of Program Implementation Level inH.E. Objective Hi . Enforce maintenance of safe and decent housing, enhance the quality of existing housing, and maintain the integrity of residential neighborhoods. Policy-H1.1 - Facilitate rehabilitation of the City's existing housing stock to correct housing deficiencies and increase the usefu/life of existing housing. Continue successful implementation of the City's Community Housing Improvement Program (CHIP), which provides favorable loans to low-income homeowners and also provides grants for minor repairs to preserve and rehabilitate deteriorating homes and to Since 2005, 23 grants and 17 loans have been issued to homeowners for minor repairs and 1.1.1 Rehabilitation of Owner Occupied provide greater accessibility for those with physical disabilities. rehabilitiation. Of these 35 grantsfloans provided to mobilehome residents, all but 5 were Eligible rehabilitation activities also include improvements for water 1 2010 Housing conservation, energy efficiency, and lead based paint abatement. located within the targeted areas in the northwest and southwest portions of the City. Of Assistance will be targeted to homeowners residing in the Northwest these 26 grantsJ10ans were provided to elderly households. and Southwest Planning Areas with priority given to those singlefamily and mobilehomeowners of very low-income, special needs and/or senior households. 200 Housing Units Continue to implement a pro-active program focusing financial resources and efforts that improve the conditions and appearances of identified target neighborhoods primarily through the "Neighborhood Revitalization Program" (NRP). This on-going The City has continued to fund the Neighborhood Revitalization program. In September program will target specific low-and moderate-income neighborhoods within the Southwest Planning Area that exhibit Acquire 2006, $9.5 million was allocated for design and construction of new streets and sidewalks in 1.1.2 Neighborhood Revitalization deficiencies in infrastructure. This program will prioritize needs of the 1 funding by the CasUe Park. Neighborhood Revitalization Area. As of December 2007 design of the neighborhood and provide funding for repair of infrastructure such as 2007 improvements has been completed, assessment districts have been established. and paving, curbs, gutters, sidewalks, and drainage facilities. City staff construction is expected to begin in early 2008. will develop a schedule of provisions of such improvements and combine it with available resources to provide financial leverage of all efforts and achieve maximum results. Allocate local funds for affordable housing developers to acquire existing rental housing that is substandard, deteriorating or in danger 1.1.3 Rental Housing Acquisition and of being demolished. A minimum of twenty percent of the units, once The City continues to pursue opportunities for acquisition/rehabilitation projects. Briarpatch rehabilitated, will be set aside for very low-income households at 1 2010 Apts., located in the City's northwest section applied for assistance to rehabilitate 11 units. Rehabilitation affordable rents. Assistance will be targeted to rental housing within However due to environmental issues, the application was retracted. the Northwest and Southwest areas of the City, with priority given to those within Redevelopment Project Areas. 100 Housing Units Proactively pursue available Federal or State funding to reduce Due to scoring criteria and the rating system, the City decided not to respond to the 2007 housing related environmental hazards, including lead hazard 1.1.4 Pursue Funding for Housing Related control, building structural safety, electrical safety, and fire protection 1 Ongoing U.S. Department of HUD Super NOFA released in March 2007. The City continues to Environmental Hazard Control to address multiple childhood diseases and injuries in the home, monitor the availability of funding. To date, the City is unaware of the scheduled release such as the Healthy Homes Initiative. date for the 2008 Super NOFA. 9-5 Table C Program Implementation Status (Since 2005) Program Description Housing Programs Progress Report - Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element. Name of Program Objective Priority Deadline Status of Program Implementation level in H.E. Policy H1.2 _ Eliminate, to the greatest extent feasible, overcrowded, unsafe, and unsanitary housing conditions through the enforcement of building, safety, and housing codes. Provide for the continuance of a multifamily inspection program that evaluates conditions of rental housing complexes of three or more 1.2.1 Multifamily Housing Inspection units and reports violations to the City's Code Enforcement Division 1 Ongoing Since 2005, the City's Code Enforcement staff have inspected 1,744 rental units within 350 regarding current health and safety codes. The City will follow up on complexes through the City's Rental Housing Program. all reports of violations to ensure the correction of any identified deficiencies. Provide for the continued systematic inspection of mobilehome and trailer park communities for compliance with Title 25 of the California Since 2005, the City's Code Enforcement staff have inspected 1,262 mobilehomeltrailer Code of Regulations to promote safe and sanitary housing and 1 .2.2 Mobilehome Inspection Program neighborhoods. For those lower income mobilehome owners, where 1 Ongoing units through the City's Title 25 program. 35 CHIP loans/grants were issued to mobilehome necessary work is fair1y extensive, referrals to the City's Community residents during that period. Many of such loans/grants were a direct result of referrals from Development Department and Housing Division are made to assist the Title 25 inspection program. in com~liance with Title 25 Reaulations. Continue Code Enforcement activities that proactively monitor housing and neighborhood conditions for adherence to minimum standards of habitability and appearance by responding to service requests from concerned citizens. More proactive Code 1.2.3 Code Enforcement Activities Enforcement Division efforts shall be focused within older 1 Ongoing Since 2005, the City's Code Enforcement staff have inspected 44 neighborhood housing neighborhoods in the Southwest Planning Area exhibiting deferred units through the Castle Park Inspection Program, which began in July 2007. maintenance issues. Extensive code violations noted in owner- occupied homes of very low-and low-income households shall be referred to the City's Community Development Department for information related to the CHIP. Objective H2 _ Promote efficient use of water and energy through adopted standards and incentive-based policies to conserve limited resources and reduce long~term operational costs of housing. Policy H2. 1 - Encourage the efficient use and conselVation of water by residents. Promote the inclusion of state-of-the art water conservation The City has provided literature to the development community describing the importance of 2.1.1 Water Conservation Practices practices in existing and new development projects where proven to 1 Ongoing energy conservation and the techniqtJes employed to promote conservation. The City be safe and environmentally sound. continues to encourage conservation efforts for those affordable housing developments assisted by the City/Agency. The City continues to enforce required Water Conservation Plans & Energy Analysis with all 2.1..2 Landscaping Promote the use of low water demand (xeriscape) landscaping and 1 Ongoing new developments. Since 2005, the City has participated in the San Diego County Water drought tolerant plant materials in existing and new development Authority 20 gallon challenge. In addition, the City established a xeriscape demonstration laarden at MacKenzie Creek Park. with-educational siQnanQe. Pursuant to the City's Growth Management Program, continue to 2.1.3 Water Conservation Plans for require the preparation and implementation of Water Conservation The City continues to require Water Conservation Plans & Energy Analysis for large Plans for large development and redevelopment projects in 1 Ongoing developments. The City will be considering updates to the requirements as part of the Development accordance with the City's Water Conservation Plan Guidelines or "Sustainable Communities Program~ (SCP). its equivalent. 9-6 Table C Program Implementation Status (Since 2005) Program Description Housing Programs Progress Report - Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory barriers as identified in Housing E]ement . Name of Program Objective Priority Deadline Status of Program Implementation Level inH.E. Promote water conservation by residents through appropriately The City is participating in the San Diego County Water Authority 20 gallon challenge and 2.1.4 Public Education for Water Conservation 1 Ongoing works with the Sweetwater and Otay Water Districts to provide public education. In addition, targeted education and community programs. the City provides free enernv and water conservation assessments. Policy H2.2 - Promote the efficient use of energy. The City encourages the use of Energy Star appliances, LEED certification and green building in all new developments. Special emphasis and incentives are provided to Encourage residential developerslbuilders to maximize energy developers utilizing energy saving techniques, through the "Green Star Program". In 2007 2.2.1 Building Energy Efficiency into Housing efficiency through appropriate site and building design and through 1 Ongoing an affordable rental development named Los Vecinos was approved with "green design~ the use of energy efficient materials, equipment, and appliances. features, including rooftop solar panels to generate at least 90 percent of the building's electric. This project will be only one of two multifamily affordable projects in the region to have solar powered residential units. In addition, High Tech High is scheduled to begin construction in Otay Ranch in 2008 and will be a LEED Silver certification. The continues to provide outreach materials providing energy conservation measures and holding outreach events such as the lighting exchange in coordination with SDG&E. A Develop and distribute pertinent information about the benefits of Sustainability Public Outreach Program was established for 2008, which identified ongoing 2.2.2 Public Education for Energy Conservation energy conservation and available energy conservation incentive 1 Ongoing updates to publications, checklists and the website to include the current information and programs to residents and developers and builders of housing. advances, ongoing public education on sustainability an green building construction and promoting SDG&E programs and incentives. The City maintains a "Sustainable Development" webpage providing information on Carbon Dioxide Reduction, the Green Star Prooram, Air Qualitv' and Water Conservation. Continue to perform a Residential TiUe 24 Energy Analysis and Title 24 energy analysis IS performed as part of building plan check process. Currently the 2.2.3 Residential Title 24 enforce these requirements as part of building plan check 1 Ongoing City enforces the 2005 California Energy Code baseline and provides benefits of the City's Green Star Program (expedited plan checks and assistance in preparing Air Quality Plans) if procedures. the baseline is met bv 15% or more. Promote the development of high-performance, sustainable buildings throughout the City that meet LEED (Leadership in Energy and Environmental Design) certification requirements through land The City has identified a work plan for 2009-2011 to fund a ~Sustainable Communities 2.2.4 Green Building use development standard incentives as may be adopted in the 1 Ongoing Program" (SCP) to expand staff's expertise in energy conselVation and green building update of Chula Vista Municipal Code Title 19 (Zoning), Specific principles with the goal of infusing sustainable practice into every level of pl~nning and Plans for the Northwest, Southwest, and Bayfront planning areas building processes. and General Development Plans and Sectional Planning Area Plans for the East [llannino area. Objective H3 . As required by State law, preserve existing affordable housing opportunities, when feasible and practical, to maintain an adequate supply of affordable housing. Policy H3. 1 _ Preserve publicly assisted rental housing ~at_riskH of converting to market rate rents. 9-7 Table C Program Implementation Status (Since 2005) Program Description Housing Programs Progress Report - Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory barriers as identified in Housing E]ement . Name of Program Objective Priority Deadline Status of Program Implementation Level in H.E. ...... {". ..... Proactively work with property owner(s) of two (2) ~at_riskM assisted I Ine '-'I{Y ha''''ferrea " ......... ., housing developments whose affordability restrictions are due to :,... ... 3.1.1 Expiring Affordability Restrictions expire by 2010 (Canterbury Court and Eucalyptus Park.view) and 1 2008 & 2009 ,""tto .'~!'~~';';;;;tl.'~ affordable housing-developers to evaluate the viability of continuing ..~' ,,~u""~,~ lat the affordability of such housing through owner participation, public IlevelS '<' subsidies or participation by affordable housing developers. ..... Evaluate the appropriateness of and modify the terms within In late 2007, financing for The Landings affordable apartment community was closed. The required Affordable Housing Agreements that will allow opportunities to maintain the housing as affordable beyond the termination date of City/Agency regulatory agreement to provide 92 very low- and low-income rental units the Agreement and providing residents notice prior to termination included language to provide the City with first right of refusal should the property default. 3.1.2 First Right of Refusal to Maintain dates of Agreements. Such opportunities could include a first right of 2 Ongoing Staff will be reviewing and updating its standard loan documents and regulatory agreements Affordable Housing refusal to the City/Agency to purchase the housing for the purpose to provide some noticing requirements to tenants regarding the expiration of affordability of continuing the affordability and/or adequate noticing to residents covenants and work. towards providing the City with the first right of refusaL The City will prior to expiration of Agreements to offer them alternative housing contemplate including requirements to provide such noticing and first right of refusal in any options. updates and development of City policies related to incentives and City/Agency assistance. Policy H3.2 _ Monitor housing located in the Coastal Zone and Redevelopment Project Areas occupied by low- and moderate-income households and mitigate the loss of housing in these areas. Comply with State Law regarding the monitoring and reporting of Since 2005. no demolishings have occurred within the Coastal Zone and four single family housing units occupied by low-or moderate-income households 3.2.1 Monitoring of Units Lost demolished within the Coastal Zone and Redevelopment Project 1 Ongoing detached housing units were demolished within Redevelopment Project Areas. None of . Areas. these units were reported as low- or moderate-income households. Where conversion or demolition of housing units in the Coastal Zone or Redevelopment Project Areas occupied by low-or moderate 3.2.2 Replacement Housing income households is proposed, replacement of such housing will be 1 Ongoing See comments listed under Program 3.2.1 above. completed in accordance with State Law and the City's adopted Local Coastal Plan and Redevelooment Plan. Objective H4 _ Minimize impacts on housing choice within each of the four geographic planning areas, especially to very low- and low-income residents, that result from conversion or demolition of rental housing units. Policy H4.1 _ Promote an equitable distribution of housing types (e.g., multi-famify rental and owner occupied housing) based upon identified needs within the NOrlhwest, Southwest, and East Planning Areas to provide a range of housing opporlunities for all income levels. 9-8 Table C Program Implementation Status (Since 2005) Program Description Housing Programs Progress Report - Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element. Name of Program Objective Priority Deadline Status of Program Implementation Level in H.E. Consider requiring a NCommunity Impact Report" rCIR") on a project by-project basis to evaluate and determine a project's impact on the availability of adequate rental housing within the geographic Since 2005, no condominium conversions, mobilehome closures, or other housing Planning Area and to very low-and low-income residents. Equitable demolition has been processed through the City affecting low-income residents. In April standards and criteria to determine when a CIR is required by 2007, the Jade Bay Mobile Lodge (mobilehome park) went through Chapter 11 Bankruptcy development applicants and the specific review procedures and Commence and displaced approximately 50 residents. City staff worked with a relocation expert to 4.1.1 Community Impact Report (CIR) submittal requirements for CIRs would need to be established. If 1 policy 2007 identify eligibility for various rental assistance programs in order to mitigate impacts on 10w- determined to have a negative impact, consider mitigation measures income residents. The City will continue to consider the requirement of a CIR on a project- such as a fee to develop new rental housing or relocation assistance by-project basis. As updates of City ordinances and policies related to condominium for those impacted low.income residents. The preparation of a CIR conversions or mobilehome park closures are contemplated, staff will look at inclusion of an could be applicable to condominium conversions, mobilehome park impact analysis as a part of the review process. closures/conversions and demolition of existing housing developments to be replaced by new housing. Evaluate feasibillty of establishing a fee to be paid by those residential developments, such as condominium conversions and The City began discussing establishment of a fee bank for mobile home relocation demolition of housing for the purposes of new development, that negatively impact the availability of rental housing stock within the assistance in 2007 while working on the Mobilehome Park Conversion Ordinance Update, 4.1.2 Mitigation Fee for Lost Units geographic Planning Area. Funds would be used to facilitate the 2 2008 Chula Vista Municipal Code Chapter 9.40 (CYMC 9.40). A special assessment district or transfer tax and time of sale were considered, however due to reprioritization of programs development of new affordable rental housing. When establishing a the activity was suspended in September 2007. The City will continue considering the potential mitigation fee, the City should consider a fee that facilitates establishment of fee banks. the new construction of affordable rental housing while not impeding other housing development opportunities. Policy H4.2 _ Provide resources to very low-and low-income households based upon household size and income level displaced as a result of the rental housing loss, particularly the most economically vulnerable - the working poor, seniors age 62 or over, and oersons with disabilities. Continue to enforce CYMC Chapter 9.40 to protect the rights of residents as mobilehomeftrailer parks are closed or converted to In April 2006, the Jade Bay Mobile Lodge filed for Chapter 11 Bankruptcy and closed its other uses. Evaluate the appropriateness of amendments to the Municipal Code and General Plan to enhance the protection of the doors to 76 residents. Due to state and federal bankruptcy law, the park was exempted from most economically vulnerable residents where the park serves as following CYMC Chapter 9.40. In February 2007, the City began evaluating amendments to 4.2.1 Mobilehome Park Conversion their primary residence. Consider such elements as adequate 1 2006-2007 Chapter 9.40. After nine public meetings with residents, owners and stakeholders, the bilingual noticing and relocation assistance, to afford some level of update process was suspended to monitor statewide litigation regarding mobilehome park protection for very low-and low-income residents. When establishing closures. Additionally, with the housing market slowdown and the downturn in the economy relocation assistance, the City should consider requiring appropriate in the last year, a reprioritization of goals and objectives has postponed continued work on assistance for residents while not impeding alternative development the update. opportunities on the site. 9-9 Table C Program Implementation Status (Since 2005) Program Description Housing Programs Progress Report - Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element. Name of Program Objective Priority Deadline Status of Program Implementation level in H.E. Evaluate the appropriateness of amendments to Chula Vista Municipal Code Chapter 15.56 (Condominium Conversion) to evaluate and detennine a project's impact on the availability of a balance of housing opportunities, in tenns of tenure of housing, within the geographic Planning Area and provide a heightened level Since 2005, 432 units converted from rental units to individual ownership units. 369 units of protection and assistance for those households where the housing were located in the area east of 1-805 and 63 units west of 1-805. The City continues to 4.2.2 Condominium Conversion serves as their primary residence, particularly the most economically 1 2007 monitor and regulate residential condominium conversions. In light of the housing market vulnerable. Such provisions may address: adequate bilingual slowdown and downturn in the economy within the last year, a reprioritization of goals and noticing, relocation assistance, requiring a portion of the units as objectives has postponed the review of Chula Vista Municipal Code Chapter 15.56. affordable to low-and moderate-income households, a threshold requirement related to the availability of rental housing for the conversion of rental units, and a physical elements report. Also refer to related Policies 4.1. Develop and fund a shorHenn rental assistance program to provide rent subsidies for a maximum of 24 months for those residents In February 2007, 16 displaced senior and family households were assisted by the City's displaced as a result of the conversion or demolition of their housing Tenant Based Rental Assistance Program (TBRA) funded through $440,000 in HOME funds. or unsafe and/or substandard conditions as identified in the The TBRA assistance will be available for those households for a period of 2 years. A California Housing Code and Fire Code. Assistance will target those program guide was developed for the TBRA program that provides a prioritization ranking for 4.2.3 Tenant Rental Assistance most economically vulnerable including: very low-income residents, 1 2006-2007 displaced and senior residents. low-income residents with minor children and residents with a head of household who is pennanently disabled or a senior citizen age 62 The City continues to provide affordable housing rental assistance through the Section 8 or over. Establish standards and criteria to prioritize households who Program (administered by the County). As of 2007,2,625 households were assisted througl are most economically vulnerable and level of assistance based the Section 8 program. upon household size and income. Develop a ~Housing Assistance Resource Program~ which could In August 2006, staff developed a "Relocation Resource Guide" to provide resources and provide tenant education of rights and procedures for conversions of contact infonnation for residents affected by condominium conversions or mobilehome park 4.2.4 Housing Resource Program rental housing to condominium or market priced housing and 2 2007 conversions. The guide were provided to residents affected by the Jade Bay Mobile Lodge mobilehomettrailer parks to other uses and offer informational services to any displaced very low-and low~income renters, such as bankruptcy and are available for Mure displaced residents. Additional resource programs rentallistinas and movina assistance referrals. will be considered in the future. Objective H5 _ Encourage the provision of a wide range of housing choices by location, type of unit, and price level, in particular the establishment of pennanent affordable housing for low- and moderate-income households. Policy H5. 1 _ Balanced Communities-Affordable Housing: Require newly constructed residential developments to provide a portion of their development affordable to low-end moderate-income households. 9-10 Table C Program Implementation Status (Since 2005) Program Description Housing Programs Progress Report. Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element. Name of Program Objective Priority Deadline Status of Program Implementation Level in H.E. Continue to implement the Balanced Communities-Affordable Housing Policy first adopted by the City's Housing Element in 1981. Current requirements include the provision of 10 percent (5 percent low-income and 5 percent moderate-income) affordable housing The City continues to to implement this objective through the Affordable Housing Program within the development (Yon-site"). This policy shall apply to projects consisting of 50 or more dwelling units. Alternatives to the on-site requiring new residential developments of 50 units or more to provide 10% of the housing for 5.1.1 Affordable Housing rlnclusionary") Policy provision of housing include, in order of priority, Uoff_siten provision of 1 Ongoing lower income households. Since 2005 the City has entered into agreements for the affordable housing and payment of an inlieu fee. Such alternatives construction of 207 low-income and 353 moderate-income units as fulfillment of inclusionary can be considered, at the sole discretion of the City, upon requirements (reference Table B). detennination of a finding of unreasonable hardship" to the development and such alternative being in the "public interest". 300 low-income units and 300 moderate-income units. Evaluate the appropriateness of revising the Balanced Communities - Affordable Housing Policy to more appropriately reflect its In 2004, staff constituted a working group of stakeholders representing the community, application to intill urbanized housing developments. Possible affordable housing developers, master planned community developers, and social service amendments may include lowering the unit threshold of applicability, agencies to discuss and identify relevant issues related to providing affordable housing with increasing the percentage of affordable housing units required, particular emphasis on the implementation of the Balanced Communities policy to inftll 5.1.2 Affordable Housing Policy for [nfill targeting very low-and low-income households, encouraging 1 2007 development. This group continued to meet through 2005. Reprioritization of goals and Development flexibility in the methods of compliance, ensuring consistency with objectives have postponed this activity until 2008. In March 2008, Housing staff began the affordable housing requirements of Community Redevelopment researching and reviewing potential revisions to the Balanced Communities policy to Law, and project based incentives for developments that provide address infill development and will again reconstitute the Worl<ing Group. It is anticipated additional public benefit such as housing on-site, deeper affordability that staff will bring forward revisions to this policy for consideration by the City Council by the levels, large family units, and/or an increase in the number of end of the calendar year. affordable units. Consider implementation of the City's Balanced Communities - 5.1.3 Adoption of an Ordinance Affordable Housing Policy 5.1.1) through the adoption of an 1 2007 See comments listed under Program 5.1.2 above. Ordinance. Policy H5.2 _ Encourage the development of sufficient and suitable new rental housing opportunities within each of the City's four geographic Planning Areas, particularly for very low-and low-income households. 9-11 ," Table C Program Implementation Status (Since 2005) Program Description Housing Programs Progress Report. Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element. Name of Program Objective Priority Deadline Level inH.E. Status of Program Implementation Promote, through incentives (Le., fee reductions/deferrals, streamlined project approvals, etc.), the development af new rental housing affordable to very low-and low-income households where Within the last two years, the City has entered into agreements andlor assisted with the such housing will provide a balanced inventory of housing types (e.g., multi~family rental and owner occupied housing) within the construction of 92 low-income units within the master planned communities east of 1-805 and Northwest, Southwest, East and Bayfront Planning Areas. Unit mix, 12 low-income units in the West, both anticipated for construction in 2008. Another 41 low- 5.2.1 New Rental Housing in terms of number of bedrooms should be consistent with the 1 Ongoing income senior rental units in West were completed. These development projects were identified need with a particular emphasis on large family units (3 or provided with financial assistance, fast tracking, technical assistance, and other incentives t more bedrooms). Encourage the inclusion of housing for very low- provid~ housing for very low and low income households. These developments are also and low-income households within the actual development (Mon-site1 strategically located in areas with immediate access to public transit, shopping, and other and/or in areas that offer residents easy access to goods, selVices, neighborhood selVices. jobs, transportation, education and recreation. 50 low.income units in East & 260 low-income units in West. All affordable housing developments approved and/or completed were provided with financial assistance, as well as other incentives, on a project-by-project basis. See Consider the formal adoption of project-based incentives that comments listed above in Program 5.2.1. Reprioritization of goals and objectives have encourage development of additional new rental housing postponed the City's consideration of formal process to provide such incentives until 2008. 5.2.2 Incentives for Rental Housing opportunities, particular1y to accommodate very low-income 1 2007 In March 2008, Housing staff began researching and reviewing potential revisions to the households, large families, and special needs populations. Also refer Balanced Communities policy which may include consideration of project based incentives to Policies H 7.2 and 7.4 for possible assistance and incentives. for rental housing. Additionally, staff has already begun drafting a Density Bonus ordinance for affo~able housing in compliance with State law. Staff will bring folWard this ordinance, along with a comprehensive housing policy package, for consideration by the City Council by the end of the calendar vear. Provide incentives for projects located in redevelopment project 5.2.3 Incentives for Housing Located in areas to provide affordable housing within the proposed project (Mon_ One affordable housing development of 41 units was completed in the Southwest site1 and to exceed affordable housing requirements established by 1 2007 Redevelopment Areas the Community Redevelopment Law (CRL), particular1y for those Redevelopment Project Area. See comments listed in Program 5.2.1 above for incentives income categories least selVed. Also refer to Policies H 7.2 and 7.4 and assistance. for suggested assistance and incentives. Policy H5.3 _ Support efforts to increase homeownership rates, particularly in the Northwest and Southwest Planning areas, meeting or exceeding the regional average as a means to build individual wealth and stabilize existing residential neighborhoods. Continue assistance to low-income households in purchasing their In August 2007, the City contracted with Community HousingWorks for the administration of first home through the City's First TIme Homebuyer Down Payment 5.3.1 First TIme Homebuyer Assistance and Closing Cost Assistance Program. Consider amendments, as 1 2007 the Rrst-Time Homebuyer and Downpayment Closing Cost Assistance (DCCA). Wrth the necessary, to the Program to adequately reflect real estate market use of other funding sources 40 families became first-time homebuyers in the City during the conditions. reporting period. 9-12 Table C Program Implementation Status (Since 2005) Program Description Housing Programs Progress Report - Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element. Name of Program Objective Priority Deadline Status of Program Implementation Level In H.E. 5.3.2 Continued Occupancy for Homeownership Consider enhancements to policies and programs that further encourage long-term occupancy of housing by a low-income 1 2007 Reprioritization of goals and objectives have postponed this activity. Units household, where practical. Promote and support the development and sale of new entry-level homes, including non-traditional land use and financial approaches such as cooperatives, community land trusts, and manufactured housing, that are affordable to low-and moderate-income households where such housing will provide a balanced inventory of Efforts to promote homeownership for low income households have been hampered due to housing types (e.g., multi-family rental and owner occupied housing) high housing prices through 2005-06 and the subsequent downturn in economy and 5.3.3 New For Sale Housing within the Northwest, Southwest, and East Planning Areas. Unit mix, 1 Ongoing tightening of mortgage loan underwriting. With housing prices expected to bottom out in in terms of number of bedrooms should be consistent with the 2008 and 2009, greater opportunities for moderate income households to purchase a home identified need, with a particular emphasis on large family units (3 or are also anticipated. more bedroom units). Encourage the inclusion of housing for low- and moderateincome households within the actual development ("on site~). 200 low- and 200 moderate-income units in East. 30 to 50 low- and moderate-income units in the West. Continue to participate with the County of San Diego and other cities Since 2005, 28 households became new homeowners in Chula Vista utilizing the MCC to issue and renew Mortgage Credit Certificates (MCC) to qualified 5.3.4 Mortgage Credit Certificates (MCC) firsHime low-and moderate-income homebuyers. First-time 1 Ongoing program which entitled them to take a federal income tax credit of fifteen percent (15%) of homebuyers are referred by the Community Development the annual interest they pay on their home mortgage and increasing their qualified maximum Department to the administratina aaency. loan amount. Support and encourage developers, lenders and social service organizations to provide educational programs, loan counseling, and materials for homeowners and potential homeowners on home The City continues to participate with Community HousingWorks to offer homebuyer maintenance, improvement, and financial management. The 5.3.5 Homebuyer Education & Counseling purpose of these educational programs will be to help first-time 2 Ongoing education and foreclosure counseling. In 2007, a homebuyer education seminar was held in homebuyers prepare for the purchase of a home and to understand Chula Vista with over 380 participants. Additional seminars are planned for 2008. the importance of maintenance, equity, appreciation, and personal budgetina to minimize foreclosure rates. Support and encourage lenders, community development 5.3.6 Support Private Financial Assistance organizations and others to use non-traditional financial approaches to assist low-and moderate-income first time 2 Ongoing See comments listed above for Programs 5.3.3 and 5.3.5. Programs home buyers such as Individual Development Accounts and other ememing financial apcroaches. Proactively pursue Federal, State or private funding to provide 5.3.7 Pursue Additional Financing Sources additional resources specifically targeting teachers and public safety 2 Ongoing See comments listed above for Programs 5.3.3 and 5.3.5. nersonnel. Policy H5.4 _ Support mobilehome parks as an affordable homeownership opportunity, consistent with the General Plan. 9-13 Table C Program Implementation Status (Since 2005) Program Description Housing Programs Progress Report - Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element. Name of Program Objective Priority Deadline Status of Program Implementation level in H.E. Continue to enforce CVMC Chapter 9.50 to protect mobilehome residents' investment in their home while at the same time providing The City continues to monitor and enforce the Mobilehome Space Rent Review Ordinance. a reasonable return to the park owner in order to preserve this 5.4.1 Mobilehome Space Rent Review affordable housing alternative. Monitor and revise this Ordinance, as 1 Ongoing Since 2005, the commission has held hearings to review proposed increases in rent for 6 necessary, to ensure the provision of fair and reasonable rents for change of ownership cases and 42 existing tenant increases. residents and a reasonable rate of return for park owners. When mobilehome park owners want to sell their parks. promote the 5.4.2 Resident Ownership of Mobilehome Parks purchase by park residents through 2 Ongoing No mobilehome/trailer parks have been listed for sale since 2005 . technical assistance in nrenarinn annlications for fundinn sources Objective H6 _ Promote the development of a variety of housing choices, coupled with appropriate services, to meet the needs of special population groups, inlcuisng the homeless, those "at-risk" of becoming homeless. persons with physical and/or developmental disabilities, emancipated foster youth, students, athletes at the Olympic Training Center, single-parent households, fannworkers and seniors. Policy H6. 1 _ Support the coordination of existing and new regional and loeal efforts to provide housing and services for the homeless through a continuum of care model. The City continues to participate in regional organizations focused on housing and other 6.1.1 Homeless & "At-Risk" Homeless-Regional Continue to participate in regional planning efforts to address needs needs of the homeless or near homeless population. Such organizations include the Planning of the homeless, including the Regional Task Force on the 1 Ongoing Regional Continuum of Care Council of San Diego County, Local Emergency Food and Homeless and the South Bay Homeless Coalition. Shelter Board, the Regional Task Force on the Homeless, and the FEMA and County of San Dieoo Hotel/Motel Voucher Pronram. Continue to support regional funding efforts to develop new housing South Bay Community Services (SaCS) is the primary service agency that provides facilities for the homeless and maintain existing facilities and homeless shelter and services in Chula Vista. sacs operates four transitional living 6.1.2 Homeless & "At-Risk Homeless"-Regional services, including the Regional Continuum of Care Council for San 1 Ongoing proprams and the City has allocated annnual CDBG funds to sacs for youth and family Funding Diego County and its application for funding through the Federal support services, housing services, and economic development opportunities. The City also Supportive Housing Program, local FEMA Board, County of San provides annual funding for the Ecumenical Council Winter Rotational Shelter program to Diego Hotel/Motel Voucher Program and temporary winter shelters. assist homeless at various sites throughout the County. Continue in-kind and financial assistance for existing and new 6.1.3 Existing & New Emergency Shelters & emergency shelters and transitional housing facilities that serve the 1 Ongoing In FY 2007-08 $315,000 in HOME Program funds were allocated to sacs for a Tenant Transitional Housing City by providing technical assistance, siting opportunities, grants, or Based Rental Assistance (TBRA) for transitional housing opportunities. low cost loans to operatino aaencies. Develop publicly distributed informational materials to provide The City participates in the South Bay Homeless Advocacy Coalition and provides a South 6.1.4 Information of Resources for Basic Needs contact infonnation regarding basic needs, 2 2008 Bay Directory of Emergency Shelter and Food Assistance. In addition, the City provides such as emeraency food, shelter, and services for the homeless. referral services to all callers requesting such infonnation. Policy H6.2 _ Encourage the development of alternative housing types in locations with easy access to goods, services, transportation, recreation and other appropriate services to accommodate the special needs of seniors, persons with disabilities, emancipated foster youth, students, athletes. and single person households. 9-14 Table C Program Implementation Status (Since 2005) Program Description Housing Programs Progress Report - Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element. Name of Program Objective Priority Deadline Level in H.E. Status of Program Implementation In 2003 a second dwelling unit ordinance was adopted to allow them in certain zones, as Continue to allow construction of new accessory secondary dwelling identified in Secion 19.58.022 of the Municipal Code. In 2006, permits were issued for 30 units in areas where the units do not compromise the neighborhood accessory second dwelling units and 2007, 35 permits were issued. In Spring 2007, Counci 6.2.1 Second Dwelling Units character, as defined in Section 19.58.022, Accessory Second 1 Ongoing adopted three amendments to CVMC Section 19.58.022: Dwelling Units, of the Chula Vista Municipal Code. - Allow detached accessory second dwelling unit no matter what the size the lot; - Allow landscaping as an appropriate screening method for parking space(s) required for an accessory second dwelling unit; and -Do not reQuire the owner of the orooertv to live in one unit on the lot. Support programs for shared living that connect those with a home City p~licies continue to support alternative housing types. The City has provided past and are willing to share living accommodations with those that are 6.2.2 Shared Living seeking housing, particularly seniors, students, and single person 1 Ongoing finanCial support to Social Service providers offering shared housing services. Since 2005, households. In 2006, the local social service agency that provided CDSG funding for these services was provided. However in 2006, the local social service shared living referrals cease providing this service. agency that provided shared living referrals ceased providing this service. Evaluate the viability of co-housing where residents share common This program is identified as a Level 2 priority. It is anticipated that a comprehensive review 6.2.3 Co-Housing facilities (e.g., cooking facilities) and amendments to Title 19 of the 2 Ongoing and amendments of the City's Municipal Code, if appropriate, to facilitate co-housing will be Chula Vista Municipal Code and other documents, where unde~aken in 2009. Any proposal to provide co-housing will be evaluated and processed on acorocriate, to facilitate its develonment. a proJect-by-project basis. Continue to monitor the continued availability of farmworker housing 34 units within Srisas del Mar have been made available and are currently occupied by 6.2.4 Farmworker Housing at the Brisa del Mar development to ensure the continued provision 1 Ongoing of housing to meet the needs of the City's farmworker population. eligible farmwor1<:ers/day laborers. Encourage the development of a variety of housing types in the The City continues to work with property owners and the City's Blue Ribbon Committee for University Village Focus Area in the East, recognizing the need for the development of a University Park arid Research Center (UPRC) in the eastem area of 6.2.5 University Housing higher residential densities and the need for varied housing resulting 2 Ongoing the City. Efforts are concentrated on land acquisition and the designation of appropriate from the proposed university, such as housing for students, faculty land uses. Current economic conditions may delay these efforts. Therefore, this program and employees. has been reprioritized and will be pursued in concert with the development efforts for the UPRC. The Olympic Training Center is facing a shortage of appropriate housing located on-site or Encourage the development of housing located at the Olympic within dose proximity for its athletes in training. The provision of such housing will playa 6.2.6 Olympic Training Center Housing Training Center (OTC) for athletes and employees participating in 2 Ongoing significant role in the continued success of the OTC. In Spring 2008, the Eastlake programs at the Center. Company proposed a plan to provide 25 low income housing units on the OTC as an alternative method of complying with a revised affordable housing obligation under the City's Balanced Communities Affordable Housing Program. 9-15 Table C Program Description Housing Programs Progress Report - Government Gode Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element. Name of Program Objective Priority Deadline Status of Program Implementation Level in H.E. Continue to maintain and implement California Title 24 provisions for AU housing developments submitted to the City or plan review and permitting are checked 6.2.7 Accessible Housing Regulations the review and approval of residential developments. 1 Ongoing for compliance with California Title 24 provisions. No permits are issued until the design of the development satisfies all requirements. Encourage the development of senior housing developments In 2007, MAAC Project completed the construction of a 41-unit low income affordable through incentives (i.e, expedited processing, fee waivers, etc.) that housing development for very low and low-income seniors. Staff is currently working with an 6.2.8 Senior Housing Services provide a wide range of housing choices from independent living to 2 Ongoing existing affordable housing development for seniors, Kiku Gardens, on efforts to expand assisted living with access to services on-site, including healthcare, their development to expand assisted care. The City is also working with Spring Hill Senior Living, to develop a senior care facility with a 92 unit assisted living building and a 16 unit nutrition, transportation and other appropriate services. memorY care/alzheimer's faciiil~v-in eastern Chula Vista. Objective H7 _ Facilitate the creation, maintenance, preservation and conservation of affordable housing for lower and moderate-income households through comprehensive planning documents and processes, and the provision of !tjnanclal assistance and other incentives. Policy H7.1 _ Ensure Chula Vista's plans and policies addressing housing, such as the Zoning Ordinance, Sectional Planning Area Plans, and Specific Plans, encourage a variety of housing product that responds to variations in income level, the changing Iivework patterns of residents and the needs of the City's diverse population. Develop and consider for adoption Specific Plans for the Urban Core and Southwest Planning Areas in order to implement the General Plan Update which will allow the development of higher density housing, particularly within identified mixed use residential and mixed use transit focus areas. Ensure development within the Urban In April 2007 the Urban Core Specific Plan was adopted. The City also began a public 7.1.1 Specific Plans Core Specific Plan allows for permitted ~by-right'" residential 1 2006-2008 outreach process in 2007 entitled "Southwest Community Strengthening" to lead into development in appropriate sub-districts to ensure zoning standards development of a Specific Plan for the southwest area of the City. can accommodate development capacities in western Chula Vista that meet the adjusted RHNA allocations as shown in Table C-9 of the Housing Element. Residential development shall fulfill the requirements of Government Code Section 65583.2. Update Title 19 of the Chula Vista Municipal Code, to implement 7.1.2 Zoning housing-related land use policy contained in the General Plan 1 2007 Efforts to update Title 19 began in 2007. Update of 2005. Review and update applicable sections of the Chula Vista Municipal 7.1.3 Remove Constraints to Housing for Code and- Building code and other City processes to remove identified constraints, if any, and establish a formal reasonable 1 2009 Continued to explore options to expedite development process. Persons with Disabilities accommodation procedure to grant exception in zoning and land use for persons with disabilities. Program Implementation Status (Since 2005) 9-16 Table C Program Implementation Status (Since 2005) Program Description Housing Programs Progress Report - Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element. Name of Program Objective Priority Deadline Status of Program Implementation Level In H.E. The City will continue to encourage in-fill development within feasible development sites in Western Chula Vista and nonvacant sites for The City and Redevelopment Agency worked with several developers on mixed use and homeownership and rental units through a proactive and coordinated residential developments within Redevelopment Project Areas and the City's Urban Core. In effort with the redevelopment agency, planning division and private 2007, one development received entitlements forth.e development of 167 for-sale units, with 7.1.4 Encouragement of Infill Construction development entities to provide development guidance and 1 Ongoing 17 units to be affordable to low income households. Additionally, the Redevelopment assistance to encourage the construction of residential development Agency entered into six Exclusive Negotiating Agreements for the development of several affordable to very low-, low- and moderate-income levels through a properties within the Third Avenue Village Area and the E Street Transit Focus Area. Due to variety of land use tools (Le, streamlined review, reduced the housing market slow down and subsequent downturn in the economy, the entitled development standards, land assemblage, lot consolidation, fee projects have not moved forward and the ENAs were terminated. assistance and other methods deemed appropriate). Policy H7. 2 _ Ensure the entitlement process and infrastructure levies do not affect the feasibility of affordabie housing development. Assign priority processing of the necessary entitlements and plan checks to expedite the development process for residential The City has employed a team approach to processing discretionary approvals and building 7.2.1 Priority Processing developments, which do not require extensive Engineering or 2008 Ongoing permits for affordable housing developments to meet established deadlines for funding environmental review, with at least 15 percent of the units as sources. affordable for verY low-and low-income households. Continue to consider subsidizing, waiving, or deferring fees for affordable units for very low-and low-income households on a case- 7.2.2 Development Fees by-case basis. Requests are evaluated based upon the 2008 Ongoing The City has considered on a case-by-case basis the deferral or subsidy of fees for developmenfs effectiveness and efficiency in achieving the City's affordable housing developments. underserved housing needs and as allowed by the City's Municipal Code. Also refer to related H Policv 7.4.5. The majority of affordable housing units have been built within master planned communities Continue to encourage the provision of flexible development and therefore follow standards set forth within the .Sectional Planning Area document. Since 2005, a few projects have been approved and built within the urban infill areas. Of these 7.2.3 Flexible Development Standards standards in residential zoning districts as part of the City's 2008 Ongoing developments, most have qualified for a density bonus andlor other incentives and discretionary review process to facilitate the development of housing for very low and low-income households. concessions. Through this program, the City has provided flexibility in meeting standards as incentives and concessions including but not limited to reductions and modification in open space, oarkina and setback renuirements. Assess the applicability of Article XXXIV of the California Since 2005, the City has been able to construct andlor rehabilitate 51 Very low and 140 Low Constitution to certain housing developments where the City and/or income units. Of these, only 92 units (Main Plaza and Seniors on Broadway) fell under the Agency are considering financial assistance or other incentives to applicability of Article XXXIV. A balance of 24 units remain from the passage of the original 7.2.4 Article XXXIV assist in the development of affordable housing. Evaluate the 1 2007 Proposition C in April 1978, authorizing the development, construction, or acquisition of'10w appropriateness of a possible referendum to obtain more authority rent housingft by the Agency. Article XXXIV was passed on the November 2006 ballot to for the City/Agency's development, construction or acquisition of allow an additional 1 ,600 units of assisted affordable housing in the City, for a total balance "low rent housinn.ft of 1,624. Policy H7.3 _ Pursue opportunities to expand financial resources assisting housing development for lower and moderate-income households. 9-17 Table C Program Implementation Status (Since 2005) Program Description Housing Programs Progress Report - Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element. Name of Program Objective Priority Deadline Status of Program Implementation level inH.E. Staff began the initial work in determining the feasibility of expanding the Redevelopment Project Areas. At the national, state, and local level, there has been growing public concem Evaluate the viability of expanding redevelopment project areas to over eminent domain powers of government agencies. As a result of the growing concern 7.3.1 Expand Redevelopment Project Areas include more residential areas. 1 2007 within the City, in 2006, Chula Vista voters approved Proposition C limiting the City's eminent domain powers to further private economic development. There has been a subsequent reprioritization of work programs and efforts to expand the City's Redevelopmen Project areas have been postponed. Staff will be working on a comprehensive housing policy package with the purpose developing and updating policies to increase new housing opportunities within the City. In 7.3.2 Maximize Redevelopment Funds Develop financial strategies that maximize redevelopment income 1 2008 addition to an update of the Balanced Communities Affordable Housing Program, staff is streams, such as bond financing. looking to bring forward policies that address incentives and financial assistance. Staff is beginning the initial work to determine the feasibility of incrementally increasing its Redevelopment Set Aside bevond the minimum 20 percent. Work with local financial institutions to meet their community Staff continues to monitor the activities of lending institutions and their obligations under the 7.3.3 California Reinvestment Act reinvestment obligation under the Community Reinvestment Act. 2 Ongoing Community Reinvestment Act through the efforts of the City-County Reinvestment Task Force. Staff continues to monitor available grant opportunities and analyzes Notices of Funding Proactively pursue available Federal or State funding to increase, Availability for the appropriateness of such programs and its effectiveness in addressing 7.3.4 Pursue Affordable Housing Funding preselVe, and enhance housing affordable to low-income 1 2008 Chula Vista's housing needs. As funding opportunities are identified, the City will make households. application, if appropriate, or forward such information to affordable housing developers for their consideration and sunport their efforts. Policy H7. 4 _ Provide financial assistance and incentives for the presetVation and creation of affordable housing to address the undersetVed financial needs of very low-and low-income households throughout the City. Amend Title 19 of the Chula Vista Municipal Code to authorize a Due to reprioritization of goals the update of the Density Bonus Ordinance has been moved density bonus and/or other incentives for new housing developments 7.4.1 Density Bonus and condominium conversions providing the required affordable 1 2007 as part of the 2008 work plan. Staff has begun the update and anticipated taking the housing as specified in the California Govemment Code. ordinance before Council in late 2008 or early 2009. Actively identify and pursue funding and the acquisition of sites located in proximity to goods, services, jobs, transportation, education, recreation and/or other amenities for permanent The Agency has actively pursued acquisition of sites for the development of housing, affordable housing. The City shall seek partnerships with developers including affordable housing. However, due to the high appreciation of land values 7.4.2 land Banking of affordable housing, particularly with non-profit organizations based 1 2006-2008 experienced in 2005-06, the Agency has not been successful in acquiring land. It is within the San Diego County region, to develop such sites. expected that with land values decreasing, the Agency will continue to pursue acquisition of Development of affordable housing opportunities may be established appropriate properties for residential uses. through a Community Land Trust model to assure the continued affordability of housing for Mure and current home buyers. 9-18 Table C Program _ Description Housing Programs Progress Report - Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory baniers as identified in Housing Element. Name of Program Objective Priority Deadline Status of Program Implementation Level in H.E. Staff has evaluated its existing inventory of City and/or Agency owned land. Both the City Evaluate the viability of providing affordable housing on City or and Agency have limited ownership of land, of which very little is currently suitable for 7.4.3 Public Property Redevelopment Agency owned property that becomes available or is 1 Ongoing residential development. As opportunities of surplus land become available, the City will deemed surplus property. continue to evaluate the suitability of such land for residential purposes and the viability for affordable housino. 7.4.4 Affordable Housing in Public or Quasi~ Evaluate the appropriateness of allowing affordable housing within 1 2008-2009 Due to reprioritization of goals efforts to review the City's Municipal Code have been Public Zones I nublic or (]uasi~riublic zoninQ designations, when annronriate. loostooned. It is not exnected that this work orooram will beain until 2009. Continue evaluating on a case-by-case basis requests from developers and owners of new or existing residential development for financial assistance to provide affordable housing opportunities All affordable housing developments approved and/or completed were provided with for very low- and low income households within such developments. 7.4.5 Financial Assistance Requests are evaluated based upon the development's 1 Ongoing financial assistance, as well as other incentives, on a project-by-project basis. See effectiveness and efficiency in achieving the City's underserved comments listed above for Program 5.2.1. Staff will look to providing guidelines establishing housing needs, such as very low-income households and rental its criteria for the evaluation of projects and financial assistance. housing for large families. Assistance will be offered to the extent that resources and nroorams are available. Goal H8 . Ensure the availability of housing opportunities to eprsons regardless of race, color, ancestry, national origin, religion, sex, disability, marital status. and familial status, source of income or sexual orientation. Policy HB. 1 _ Ensure equal housing opportunities to prevent housing discrimination in the local housing market. Require affordable housing developments for low-and moderate- income households to comply with the following policies: -In marketing and leasing efforts, require outreach to minority The City continues to require all developers of affordable housing communities to provide communities, including advertising in multi-lingual media; 8.1.1 Affirmative Marketing & Leasing ~Require the monitoring of lease and sales efforts for compliance 1 Ongoing the City with a Marketing Plan, including efforts for affirmative marketing to minority with affirmative marketing; and, communities. All marketing plans are required as condition of the loan agreement and are -Require periodic reporting to the Community Development subject to review and approval by the City. Department on the composition of resident populations in units, . income levels and affordabilitv of the units. Continue implementation of support programs for outreach and education on housing rights to ensure information and materials are The City contracts with the Fair Housing Council of San Diego (FHCSD) to provide outreach available to the entire community through a variety of means, fair 8.1.2 Fair Housing Education & Counseling housing counseling, and resolution of fair housing complaints. 1 Ongoing and counseling for fair housing issues. In 2007, FHCSD began preparations to host a Where appropriate, refer to other agencies, including State and regional Fair Housing Laws & Litigation Conference held February 14-15, 2008. Federal enforcement anencies. Goal H9 _ Promote and facilitate early, transparent public input and participation emphasizing community awareness of the City of Chula Vista's goals, tools, available resources and programs for lower income households. Policy H9. 1 _ Encourage meaningful public participation by all segments of the community, including fow- and moderate-income residents, the business sector, social sefVice agencies, renters and homeowners, when reviewing and deveioping City housing loolicies and affordable housing projects. Program Implementation Status (Since 2005) 9-19 Table C Program Description Housing Programs Progress Report . Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including progress in removing regulatory barriers as identified in Housing Element. Name of Program Objective Priority Deadline Status of Program Implementation level inH.E. The City continues to provide opportunity for public input for all plans and policies. The Incorporate public input and participation in the design and Mobilehome and Trailer Park Conversion Ordinance (CVMC 9.40) update included an 9.1.1 Public Input & Participation 1 Ongoing extensive outreach process that included bilingual meetings and materials at each step of development of City housing plans and policies. the process. The development of the 2005-2010 Housing Element also included an extensive public outreach process utilizino the Housino Advisory Committee (HAC). Expand the City's bilingual noticing requirements for pending The City provided bilingual materials and conducted bilingual meetings for the Mobilehome 9.1.2 Bilingual Noticing actions, meetings, and workshops sponsored by the City and/or 1 Ongoing Conversion Ordinance in 2007. A pilot program was conducted from April 2006 through Agency related to affordable housing for low-and moderate-income June 2006 to identify the need for simultaneous translation services at City Council households. meetinQs. Initiate a bilingual educational campaign to Spanish speaking lower The City provided materials and conducted bilingual meetings for the Mobilehome 9.1.3 public Outreach & Education of income renters in the Northwest and Southwest Planning Areas to 2 Ongoing Conversion Ordinance in 2007. In addition, the "Southwest Community Strengthening" Resources project will identify ways to outreach to the Southwest portion of the City. The City will provide infonTIation on the City's housing resources and programs. continue to address bilinnual needs as approDriate. Require through conditions of approval on discretionary permits, the The City continues to provide materials advertising available affordable housing communities and other housing programs available through the City or contract consultants. development of outreach or other appropriate marketing materials Such infonnation is made available at City offices, to the public upon request and at 9.1.4 Marketing of Affordable Housing Sites identifying the location and type of affordable housing sites citywide 2 Ongoing community events. Staff has provided infonnation at such events as street fairs, community to ensure existing and potential residents are aware of affordable open houses, grand opening of recreation centers and facilities and meetings of civic housing opportunities. oroanizations and social service oroviders. Provide an annual report to an oversight body to advise the City Council on the City's existing housing stock and policies. The annual report shall provide for a monitoring and reporting of updated housing data relative to housing starts, demolition and conversion of In December 2007 Redevelopment & Housing staff began development of an annual report, 9.1.5 Annual H~using Report rental housing, affordability levels, market trends, existing housing 1 Annually by tenure and type and by geographic areas, and other relevant data anticipated completion in April 2008. and an evaluation of progress in implementing the policies of the Housing Element. The annual report shall also be made available for review in nublic locations. Program Implementation Status {Since 200S} 9-20 ITEM TITLE: eel' SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ~f:. CITY OF ~...,., CHULA VISTA MARCH 18, 2008, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $335,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE HUMAN RESOURCES DEPARTMENT'S BUDGET TO COVER ANTICIPATED COSTS AND EXPENSES RELATED TO CURRENT PUBLIC LIABILITY CLAIMS THROUGH THE END OF THE FISCAL YEAR CITY ATTORNEY ('~ DIRECTOROFHUMA R OURCES (~ CITY MANAGER - ASSISTANT CIT MANAGER ~) 4/STHS VOTE: YES 0 NO D SUMMARY Annually, the City's budget includes funds to defend and to pay settlements on claims against the City based on typical claims activity. Depending upon the number and the complexity of claims received the cost to defend or settle them may exceed the costs anticipated during budget preparation as is the case this fiscal year. ENVIRONMENTAL REVIEW Not Applicable. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable 10-1 MARCH 18,2008, ItemR Page 2 of2 DISCUSSION During the annual budget process, funds are appropriated to pay anticipated costs and expenses related to liability against the City during that fiscal year. These budget estimates are based on prior years' "normal" claims activity plus anticipated unusual expenditures based on known claim exposure at the time the budget is prepared. During the current fiscal year the City Attorney's Office has been involved in an unexpected number of complex lawsuits and pre-litigation matters. The volume and magnitude of such matters along with the complexity of issues has been significant. The matters being handled in the fiscal year involve technical and specialized issues including catastrophic injuries, death cases, detailed constitutional rights matters, and matters involving significant employment and police issues. Because of the increase in expert witness and outside counsel expenses associated with these cases, it is requested that the City Council appropriate an additional $335,000.00 to cover such expenses to the Human Resources Department's budget. 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 fOlmd in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. FISCAL IMPACT With this action $335,000.00 will be appropriated from the available General Fund reserves to the Human Resources Department's budget. This appropriation was not included in the $3.5 million deficit projected in the General Fund Second Quarter Financial Report. The appropriation would increase the projected deficit to $3.8 million in the current fiscal year. ATTACHMENTS Not Applicable Prepared by: Bart C. Miesleld. Senior Assistant City Attorney, City Attorney's Office , 10-2 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $335,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND TO THE HUMAN RESOURCES DEPARTMENT'S BUDGET TO COVER ANTICIPATED COSTS AND EXPENSES RELATED TO CURRENT PUBLIC LIABILITY CLAIMS THROUGH THE END OF THE FISCAL YEAR WHEREAS, during Fiscal Year 2007-2008, the City Attorney's Office and Human Resources Department has been involved in the defense and prosecution of an unexpected high number of very complex lawsuits and pre-litigation matters; and WHEREAS, due to the increase in outside counsel and expert witness costs associated with these cases, the Human Resources Department is asking for an appropriation of $335,000.00; and. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve appropriation of $335,000.00 from the General Fund balance to the Human Resources Department's Other Expenses budget. Presented and approved as to form by: ~~J ~ Mo re City Attorney .I:\Jttol11ey\reso\tinance\City Atty Budget amend 10-3 CITY COUNCIL AGENDA STATEMENT 3/18/08, Item ~ ITEM TITLE: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A FISCAL STRATEGY FOR FUNDING THE OPERATING COSTS OF MOUNT SAN MIGUEL PARK AND ALL SEASONS PARK BY INCLUDING THOSE OPERATING COSTS IN THE CITY'S FISCAL YEAR 2008-09 BUDGET BALANCING EFFORTS AND BY DEVELOPING A MANAGED COMPETITION MODEL TO SOLICIT PROPOSALS FROM OUTSIDE FIRMS AS WELL AS CITY DEPARTMENTS TO PERFORM PARK MAINTENANCE ACTIVITIES B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1.3 MILLION FROM THE CASH RELEASED FROM THE RESERVE FUND AND AUTHORIZING THOSE FUNDS TO BE UTILIZED TO REIMBURSE THE GENERAL FUND FOR ALL OUTSTANDING AND FUTURE STAFF TIME CHARGES, TO ESTABLISH AND MAINTAIN A SUFFICIENT PROJECT CONTINGENCY UNTIL COMPLETION OF THE CIVIC CENTER PROJECT IN AUGUST 2008, AND TO IMPLEMENT A FURNITURE INSTALLATION PLAN FOR THE FORMER POLICE DEPARTMENT BUILDING THAT INCLUDES THE RELOCATION AND INSTALLATION OF ALL SALVAGEABLE EXISTING FURNITURE STOCK WITHIN THE CITY AND THE PURCHASE OF NEW PRODUCT AS NEEDED TO COMPLETE THE PROJECT SUBMITTED BY: );l1'L DIRECTOR OF ENGINEERING AND GENERAL SERVICES ,j r DIRECTOR OF FINANCE~ CITY MANAGER ~ lftl!y ~ ASSISTANT CITY F-#'AGER 0 ) 4/STHS VOTE: YES cgj NO D REVIEWED BY: SUMMARY The City Council previously approved by Resolution No. 2004-044, the Master Plan for Mt. San Miguel Community Park, which conceptually designed a 19-acre park. On September 19,2006 the City Council approved a DesignlBuild Agreement with Erickson Hall Construction, Inc. to design and construct a completed and fully functional park. The City Council previously approved by Resolution No. 2006-294, the Master Plan for All Seasons Park, which conceptually designed a 7-acre park. On May 15, 2007 the City Council approved a Design/Build Agreement with Erickson Hall Construction, Inc. to design and construct a completed and fully functional park. In July of2001, the City Council approved a master plan for the renovation of the Civic Center. On February 18, 2003, the City Council approved a Design Build Agreement ("Agreement") with Highland Partnership, Inc. ("HPI") to design and construct the project. On August 3, 2004, the City Council approved the Guaranteed Maximum Price ("GMP") of the project at $38,346,000. The GMP reflects the amount to be paid to the design builder for design and 11-1 3/18/08, ItemJL Page 2 of7 construction. The total project budget approved by City Council on August 3, 2004 was $50,148,000. On January 8, 2008, the City Council approved the second amendment to the Agreement with HPI, increasing the GMP by $1,699,514 to a total of$40,045,514. ENVIRONMENTAL REVIEW The projects have been approved as follows: Mount San Miguel Community Park - All Seasons Park Civic Center Renovations EIR-97-02 EIR -04-06 IS-04-0 13 RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION None. DISCUSSION Resolution A On September 19, 2006, the City Council approved a Design Build Agreement with Erickson Hall Construction, Inc. (EHC) to design and construct a complete and fully functional park called Mt. San Miguel Community Park. Since that date, the Department of Engineering and General Services has been engaged in the process of designing that park with EHC. On May 15, 2007, the City Council approved a Design Build Agreement with EHC to design and construct a complete and fully functional park called All Seasons Park. On November 29, 2007 Engineering and General Services Department provided an informational item on the status of the parks. Design activities of both parks have proceeded past the 50% construction document phase and are expected to be completed in May of 2008. It is expected that the park construction could commence in May/June of 2008 following the City Council's approval of the Guaranteed Maximum Prices (GMP) for each project. Capital Fundinf! Discussion From a construction funding perspective, for both parks, all of the Parks Acquisition and Development Fees (PAD Fees) have been collected. As of November 14, 2007, a total of$7.1 million of PAD Fees had been collected (including interest earnings) for the construction of Mount San Miguel Park (source OBA). As of November 14, 2007 a total of $2.5 million ofP AD Fees had been collected (including interest earnings) for the construction of All Seasons Park (source OBA). These amounts are sufficient to build fully functional parks, however, as the November 27, 2007 informational item indicates (copy attached), specifically related to Mount San Miguel Park, the collected amount is not sufficient to construct the park as envisioned in the master plan based on preliminary cost estimates made in the fall of 2007. Staff believes that additional PAD Fees will become available, however, the timing of those fees is in question. 11-2 3/18/08, Item~ Page 3 of7 Staff believes the most prudent course is to complete the design as per the master plan, then value engineer the park elements should costs exceed the PAD Fees available. It is worth noting that the construction-bidding environment has turned favorable in recent months, as we have seen both City and other agency projects bid at amounts below estimates. There is the possibility that the estimates that were developed for the parks in the fall of 2007 are high compared to our current environment. Overatin" Fundin" Discussion With respect to operational costs, the Public Works Department estimates that the annual operating costs for the park would be $120,000 for Mount San Miguel Park and $78,000 for All Seasons Park. Assuming construction starts in the June of 2008, we would expect 9-10 month construction schedules. We would then have at least a month or two of a "growing in" period for the turf areas. That would place a park opening date at around July of 2009. Staff can negotiate with the EHC to include in the design build agreement that they maintain the park through the vegetation establishment and warranty period, typically 90 days. This would defer some of the operational costs until the second quarter of fiscal year 2009-10. The City would incur utility costs beginning in the first quarter of fiscal year 2009-10 assuming the parks open to the public in July of2009. This schedule would eliminate any operational costs in fiscal year 2008-09. These operating costs should be inflated 4% for fiscal year 2008-09 and 2009-10 which would raise the estimates to $130,000 for Mount San Miguel and $85,000 for All Seasons and a total commitment of $215,000 for fiscal year 2009-10 (less those costs covered by the design builder as described above). With respect to the operating costs starting in fiscal year 2009-10, staff proposes a two-step process. The first step will be developing a model for soliciting proposals from qualified landscape maintenance contractors to provide park maintenance. In developing such a model, the City could then solicit competitive bids for the maintenance of these parks or could solicit competitive bids for the maintenance of other existing parks. Currently, the City's Public Works Department is responsible for all aspects of park maintenance. Public Works will be able to also bid on the work. This will require that the model be developed in a manner that will give the City the ability to compare both private sector bids and internal service department bids in an apples to apples manner. Staff intends to initiate the process of developing this model as soon as possible as we believe it will take some time to review other agencies efforts in this regard, assess their effectiveness and address the many issues that are sure to arise. The second step will be to identify offsetting savings within the fiscal year 2009-10 budget to cover the costs of maintenance of these facilities. The City is in the process of a second budget cutting exercise which should yield a greater amount of cuts than are anticipated to be needed. The City Council and City Manager's office could certainly utilize that list to earmark savings for the following year. This would enable the City to know, in advance of actually needing the funds for maintenance, what corresponding spending reduction it would make to take on the maintenance costs of these facilities. Since the costs are two fiscal years away, the City would also have the flexibility to move in a different direction should economic conditions moderate. 11-3 3/18/08, Item~ Page 4 of 7 Resolution B With the City Council's action of January 8, 2008, no additional funds were appropriated to cover the cost increase and staff was directed to utilize the funds currently residing in the project. Staff informed the City Council that there would not be sufficient funds remaining within the project to furnish the building. The City Council indicated that it would rather see the City utilize its existing furniture stock instead of purchasing new furniture for the building. Subsequent to the January 8, 2008 action, staff requested that its furniture vendor, Office Pavilion, provide cost estimates on a number of furniture options. Those options were as follows: Option 1. Furnish the building as originally designed and intended. The cost of this option was estimated to be $1,034,921 (Attachment 2). Option 2. Utilize existing furniture stock to move the Human Resources Department into the new building as soon as it is available. The reason for this scenario is that Human Resources currently occupies the Legislative Office Building and Community Development Building. In order for the construction activities in the complex to be completed, those buildings need to be vacated as soon as practicable so that they can then be demolished and the site work, including off-street parking area, be constructed on the north end of the complex. Failure to vacate the buildings as soon as the former police department (Public Services North) is ready will create City caused construction delays and change orders for which there is no funding available in the project. The cost of this option was estimated at $25,100. The details of that estimate are enclosed as Attachment 3. Office Pavilion has been directed to proceed forward on this option and it is anticipated that Human Resources will move into the new building over the weekend of May 2- 4. Option 3. Utilize all available office and workstation furniture and purchase whatever new product was require to fully furnish all office and workstation areas. (Attachment 4) This option would make the building usable from an employee standpoint. It would only focus on offices and workstations and we would likely cannibalize other furniture for public areas such as near the Human Resources counter, Building Inspection reception area and the credit union waiting area. This option would also not furnish the two main conference rooms and the training/events monitoring center in the basement. The cost of this option is estimated at $350,500 and includes a comprehensive inventory of all existing furniture in the Community Development, Legislative Office, Ken Lee and the Eastlake Permit Center buildings as well as the multiple 11-4 3/18/08, Item-.!..L Page 5 of7 temporary office trailers staff currently occupies. The estimate assumed that we would need to purchase 49 new workstations/offices. Option 4. Same as Option 3 except adds all non-office spaces in the basement, including conference rooms, training/events monitoring center, computer lab and private room. (Attachment 5) The cost of this option is estimated at $520,730. Staff recommends this option as it complies with the Council's direction to utilize what we have while at the same time render the building fully usable. Options 2 through 4 did not consider any re-wiring that may need to be undertaken as the City's existing stock of workstation fumiture may not simply be able to be reconfigured to fit into space designed with a specific kind of furniture system in mind. Also, no effort has started on a comprehensive inventory of our existing furniture stock, as staff has not wanted to commit precious proj ect funds to that effort without Council approval. There will undoubtedly be existing furniture that will not be able to be relocated due to its physical condition or its inability to work with other non-compatible pieces, therefore, we believe it is prudent to include a significant contingency. The available funding of $1.1 million will also enable staff time that has not been reimbursed from the proj ect as well as future staff time charges back to the General Fund. We also note that the project, though nearing completion, has virtually no remaining contingency funds and there is still the possibility of unexpected costs. An example of such an item was the discovery of contaminated soils in the parking area behind the building in mid- January. Fortunately, the level of contamination was very low and therefore did not generate a project cost increase, but that is the nature of renovation and demolition projects. Funding for the completion of the Civic Center Project was identified as part of the restructuring proposal of the 2002 COPS approved by the City Council on January 22, 2008. The restructuring of the debt has "freed up" needed cash flow ($1.1 million) for the completion of the General Funds obligation towards the Civic Center Project. In order to comply with federal tax laws these funds must be used towards caoital exoenditures. As stated in the February 20, 2007 staff report presented to the City Council, the General Fund share of the Civic Center Phase III project was $1.3 million. Staff had proposed to borrow these funds from the PFDlF, which the General Fund would pay back over a 20-year period at an estimated interest rate of 5% with annual payments beginning in fiscal year 2008-09. With this proposal, the General Fund will have the necessary funds to appropriate towards the Civic Center project and avoid the interfund loan and interest costs altogether. 11-5 3/18/08, Item~ Page 6 of 7 *Fumiture & Contingency Staff Time Reimbursement Total Pro osed Use of Funds Appropriation $915,112 $203,865 $1,118,977 * Appropriations toward the furniture will depend on the option approved by the City Council. The remaining funds will be allocated towards a contingency reserve to mitigate any unanticipated expenses related to the Civic Center project until completion. With Council's approval of the resolution, staff would first ensure that all staff time charges are reimbursed, that a reasonable project contingency is maintained through the completion of the proj ect and that the building be equipped and furnished to the extent practical with the remaining funds. We would expect that the level of furniture would fall in a range between Option 4 and Option 1. Some areas may be deferred in an effort to see what level of contingency funds may be available at the end of the project. In the event that the City Council fails to approve the resolution, it is staffs intent to proceed as follows: 1) Continue forward with Option 2. 2) Authorize the purchase of cabinetry to house audio/visual equipment that would be at risk of damage and/or theft if left unprotected. 3) Relocate existing tables to the Information Technology Services (ITS) computer setup/tear down room so that ITS staff has a place to work on equipment. 4) Inquire as to the costs of continuing to lease portable trailers and transitioning that expense out of the capital project to an operating account. 5) Suspend efforts to sublease out the Eastlake Permits Center rental space. 6) Obtain cost estimates for transitioning the utility service to the portable trailers in the Ken Lee parking lot from temporary to permanent. 7) Work with departments as opportunities arise over time to attempt to move them into the building. DECISION MAKER CONFLICTS Staff has reviewed the property holdings of the City Council and has found that no conflict exists with respect to Resolution A and that Councilmember Jerry Rindone has holdings within 500 feet of the boundaries of the property which is the subject of this action contemplated by Resolution B. FISCAL IMPACT Approval of Resolution A would have no negative impacts on the general fund in Fiscal Years 2007-08 and 2008-09 and there would be a potential impact of$2l5,000 in Fiscal Year 2009-10. Approving Resolution B would result in a positive net impact to the General Fund in Fiscal Year 2007 -08 due to reimbursement of staff time charges of approximately $200,000. In addition, the use of these funds would avoid the need to do an inter-fund loan from the PFDIF to the General Fund as initially anticipated. Avoiding the inter-fund loan would save the General Fund 11-6 3/18/08, Item--lL Page 7 of7 approximately $780,000 in interest costs. The project funds identified for appropriations are available for use towards the Civic Center Project as identified in the 2002 COP bond restructuring presented to the City Council on January 22, 2008. As discussed in the report, the funds requested for appropriations can. only be utilized on capital expenditures (including staff time charges). It cannot be used towards operational expenditures. No other City function is affected or curtailed by this action. In addition, Resolution B would assist in avoiding and/or minimizing future expenditure of general funds and/or Public Facilities Development Impact Fee Funds on furniture in the building. The adoption of the resolution will also allow the City to consolidate its operations in a new and far more energy efficient building than having staff scattered around the complex in old and temporary facilities. Since the Human Resources Department will be occupying the building as soon as it is available, utility use will be occurring in the building. Additional delays in relocating remaining staff into the building will result in additional maintenance, custodial and utility costs for those ancillary buildings. ATTACHMENT 1. November 29, 2007 Informational Item 2. Option 1 Summary 3. Option 2 Summary 4. Option 3 Summary 5. Option 4 Summary Prepared by: Jack Griffin, Director of Engineering and General Services Maria Kachadoorian, Director of Finance 11-7 I ATTACHMENT I COUNCIL INFORMATION ITEM November 29,2007 FROM: The Honorable Mayor and City C01f~~ ./ David R. Garcia, City Manager ~ \JW Scott Tulloch, Assistant City M~ger S ~ Jack Griffin, Director of Engineering and General Services ~~. - TO: VIA: SUBJECT: Mt. San Miguel Community Park and All Seasons Park The Department of Engineering and General Services has been pursuing the design of these two parks for several months. Mt. San Miguel Community Park is in the San Miguel Ranch development and All Seasons Park is in Otay Ranch Village 7. All of the Parks Acquisition and Development Fees (PAD Fees) specifically earmarked for these parks have been collected. The City Manager's office has instructed the Engineering and General Services Department to complete the design phase of both projects then cease all activities for one year. The basis of this direction is that the City's prospective operating budgets for fiscal years 2008-09 and 2009-10 do not contain sufficient funding to maintain and operate the facilities. The most recent estimate provided to the Engineering and General Services Department from the Public Works Department for the annual operating maintenance costs of the parks are $120,000 for Mt. San Miguel Community Park and $78,000 for All Seasons Park. Please note that in the below status updates of each park that the design phases for both will likely be completed by February/March of 2008. Assuming a twelve-month hiatus from that point in time, construction would start in the spring of 2009. Assuming a nine to twelve month construction period and a three month "grow in" period for the turf areas, the parks could be ready to be opened for the public's use by July of201 0, the beginning of fiscal year 2010-11. Mt. San Miguel Communitv Park On February 10, 2004, the City Council approved the master plan for Mt. San Miguel Community Park, a 19-acre facility. The principal features of the master plan are three lit softball fields, two basketball courts, a tennis court, a skateboard area, an off-leash dog area, a combination scorekeeperlrefreshrnent/restroomlstorage building, a second restroom, age appropriate playground areas, multiple shelters and other typical park furniture and various plantings. The cost estimate for the park at the time of the completion of the master plan was $6.2 million. On September 16, 2006, the City Council approved a design build agreement with Erickson-Hall Construction Co. for the project and appropriated $840,386 to fund its design. The reason for 11-8 The Honorable Mayor and City Council November 29,2007 Page 2 the time lapse between the master plan approval and the date of the design build agreement was that was the amount of time it took for all of San Miguel Ranch's PAD Fees to be paid. In addition to the San Miguel Ranch PAD Fees, the PAD Fees from the Bella Lago development are also going to be utilized on Mt. San Miguel Community Park. The City had not received the Bella Lago PAD Fees when it entered into the design build agreement, however, it expected those fees to be received before the end of the design phase and those fees have been paid in full. The total amount ofP AD Fees specifically designated for Mt. San Miguel Community Park, including interest earnings, is approximately $7.1 million. While this is more than the project estimate provided in the master plan in 2004, it is not enough to construct the park .as per the master plan. The design of the park is at the 50% construction document stage. The plans are sufficiently developed to enable a detailed project cost estimate to be completed"with a reasonable sense of confidence. We believe that to construct the park as per the approved master plan will cost approximately $8.75 to $9.0 million. While this is a significant increase in construction costs, we believe that the City will have ample available PAD Fee revenues to construct the park per the master plan should the City Council desire to do so. There are two principal reasons for the significant construction cost increase. First, the soil conditions of the park site are essentially a very thin layer of topsoil over rock fill. In this development this rock condition is not uncommon. The significant rock material on site requires substantially increased excavation activities and greatly increases the costs for trenching on the site. Trenching is a significant cost item on any park as all utilities including electricity, gas, potable water, reclaimed water, sewage and site drainage are all part ofthe project and placed in trenches. On a site with normal soil conditions, much of this trenching can be done with small machinery, commonly known as "ditch witches" that can quickly remove and replace dirt and small aggregate material. Due to the significant rock conditions, larger machinery will need to be utilized and much of the material removed from the trenches will not be able to be used as backfill material. This will require losing some material elsewhere on-site or exporting it and importing suitable material from off-site. The second reason is that project cost inflation since the master plan was approved nearly four years ago easily exceeds the roughly $500,000 in interest earnings that the collected PAD Fees have gamered. Applying a simple 5% inflation rate to the original project estimate of$6.2 million would yield a project cost of over $7.5 million four years later. An annualized 5% inflation factor over the past four years is conservative and a more reasonable assumption of 30% over four years would bring the project to over $8 million before any of the soil issues discussed above are considered. Despite this escalation, Engineering and General Services staff is confident that sufficient PAD Fee revenues will be available. Applying a 5% interest rate to the funds that will be available at the close of the design process would yield an additional $300,000 of interest earnings. More importantly, based on information provided to us by the Planning and Building Department, a 492 unit apartment complex on property in Eastlake abutting the Olympic Training Center is 11-9 The Honorable Mayor and City Council November 29,2007 Page 3 expected to be submitted to the City for processing in January of 2008 and it is anticipated that building permits could be issued in the spring of 2008. That development is projected to generate a net amount of PAD Fees in excess of$5,000,000. Since there is no land available/remaining to be developed for parks in the Eastlake area, the developer has indicated a willingness to allow the City to utilize these fees for the development costs of any park project in eastern Chula Vista. This $5,000,000 easily covers the increased costs of Mt. San Miguel Community Park. It would be staff s recommendation that the balance of funds remaining after the Mt. San Miguel Community Park is completed be pledged to the Otay Ranch Community Park, commonly known as the "70 Acre Park" and that facility, while still several years off in terms of design and construction, is escalating in cost and these remaining funds will help to bridge the difference between inflation and the interest of the PAD Fees already collected for that facility ($30,768,886 as of November 14, 2007 (source OBA)).. Mt. San Miguel Community Park is the only City park facility that is located within the San Miguel Ranch development. Many of the residents of the area have been there for several years and there has been increasing pressure on the City to move the project forward. In addition to direct communications from residents to the City, the park, or lack thereof, has been the subject of a "Turko File" report on KUSI News. There will be significant backlash from the community once news of the delay in the project becomes known. All Seasons Park On August 26, 2006, the City Council approved the master plan for All Seasons Park, a 7.6 acre neighborhood park in Otay Ranch Village 7. The principal features of the park are a multi- purpose field, basketball court, age appropriate playground areas, picnic shelters and typical park furniture, a restroom, a composting area, demonstration drought tolerant garden, assorted vegetation, and notably a "heritage tree" and sitting area that is intended to be a focal point for the park. The vegetation is characterized by the selection of species of trees and bushes that will provide the park with a variety of color throughout the year. On May 15, 2007 the City Council awarded a design build agreement to Erickson Hall Construction Co. for the design and construction of the project and appropriated $449,459 to complete the design phase of the project.. The total project budget is $2.45 million and the City has received the all of the obligated PAD Fees for the park. Like Mt. San Miguel Community Park, All Seasons Park is at approximately the 50% construction document phase. While there are cost pressures on this park, staff is not recommending supplementing the project budget at this time. It is our recommendation that we finalize the design of the park in accordance with the approved master plan and then, once directed to move forward on construction, undertake necessary value engineering steps to keep the project within the available PAD Fees specifically paid for this project. It would be our intention to notify the City Council of any project elements that would need to be reduced or eliminated to keep the project with budget. Staff's reason for not supplementing this park with potential PAD Fees from the Eastlake apartment complex is that we believe that it is more 11-10 The Honorable Mayor and City Council November 29, 2007 Page 4 appropriate to utilize those fees on community parks which serve a much wider area of residents including the future residents of that apartment complex. The park is located within Otay Ranch Village 7 and while there are significant numbers of new residents in the area, the recent slowdown in development throughout the City somewhat mitigates the impacts that a delay to this project will cause. Cc: Dave Byers, Director of Public Works Maria Kachadoorian, Director of Finance Buck Martin, Director of Recreation Ed Van Eenoo, Director of Budget and Analysis Rick Hopkins, Assistant Director of Engineering and General Services/City Engineer Gordon Day, Sr. Building Project Supervisor . 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S ........ . 8,25I.ml , 1,2ID.D1I . ..- " "-L(And''''' I'REIGHT 1 $ ........ . 1t491.DO $ '....... . '....... r .............. BI'. TalII (T.7J%l t $ ... . ... S 71,.411.10 , 71'-1.80 FoP~.~~~ ( $1.....,82U.) . fre!Ight, n,Pro MlJOt _T_ 12.241,411.31 \... ./ C:\Doownantl.nd 5ettlng.\mlsay\My DocumentslCAPlProJectslCHULA VISTAIBLOG 300IP'IQuolBd by: Missy Talbert Quote Valid for: 30 Days Questions? - 858-764-522.5/ mlssy@opsdcom Lead time - 6.10 weeks 11-12 "-:.,~>:f~\-;;; ;:-. ~-:-;-:--:.:->; :',~-c-:~-~_<:~ ,_,,'- ;",':.;.;;.-; ~.-_".; :'_ : '~-:-;.;'~"'. .J_>-:"~'T:"Jo "" 6c:'c';';-;'~-; OPTION 1 (Authorized) ATTACHMENT 3 Page 1 of 2 ~~nQ~2 CV BLDG. - HR ONLY (OPTION C) Pull from inventory in storage at Public Works, deliver and install (9) Ethospace workstations. Disassemble, move and reassemble (17) private offices- Weekend Move and place (1) conference room Move and place (12) lateral files 11-13 O.P.S.D. Office Pavilion San Diego BUILDING 300 MOVE SERVICES OPTION C - HUMAN RESOURCES ONLY Item Ot DESCRIPTION Ext Sell 1 iASSEMBLY. Pull from existing Hennan Miller Inventory in Public Works. I $ 18,500.00 !Disassemble, move, and reassemble (17) private offices (see attached description); .-.---1"..---.-...--..---.------.----------...----.--...-.--------..---.---.----.-~----.----------._---- 1 iProJect Management Services : '$ 2,100.00 j 1 ,~.___.i-...__.___~.R__...__....___,...___.,...____._._'_'__'_...---....--.------.--......---.----..-.."...--....-...-...------..-...---...,--...................---... 1 jDesign Services i $ 4,500.00 , ' ! i 1 . 2 fI 3 . $ 25,100.00 ~ ~ ~ .j:> F:\Cap Studio 2.O\Projects\Missy\CHULAvtSTA\BLDG 300\Move Services - HR only.sp4 0112310818;13;50 r'- ( !:: ;-; 'i ::. ,': , ~ ~ ~ ~ 8-0)> :z~ 0 N CD ::I: ~:s: - Nm Z ~ w .. .-.- -.-"..-.-.'.'- -_-.!l _. . . - . -.' .'... ."'.'....'. OPTION 2 ATTACHMENT 4 Page 1 of 2 OPTION 3 CV BLDG.-FURNITURE INSTALL (OPTION B) Disassemble, move and reassemble free-standing desks, files & storage from (7) locations to Bldg 300. Public Works Blde:. Storae:e (16) Ethospace workstations (3) Meridian Offices (1) Correlation L-unit Misc. fileslbookcases Trailers 1. 2 & 3 (19) Steelcase panel wrapped workstations with free-standing desks/files (4) Ethospace workstations (7) Private offices (2) Conference areas Misc. files/bookcases Fie: Building (3) HM workstations (11) Private offices (1) Conference area Misc. fileslbookcases Legislative Building (5) HM panel wrapped workstations with free-standing desks/files (8) Private offices (2) Conference area Misc. files/bookcases MIS Trailer Approximately 8 people in unknown free-standing furniture Eastlake Approximately 13 people in unknown systems/free-standing furniture combo KEN-LEE Building Unknown New Product Receive, deliver and install approximately (49) new offices & workstations 11-15 O.P.S.D. OffICe PavDion San Diego BUILDING 300 MOVE SERVICES OPTION B 1 Item Qt DESCRIPTION ExtSell 1 jDisassemble, move, and reassemble existing freestanding desks, files, & i $ BO,500.00 . "_._,,,J~!~!!!!:!ro~J7) ~"~~~n!!~cat!o.~!..~,,!l..~~,,. 3~..~j!!'Jl.':.~~:",~.~~..!.~..p~_!L_...",._.._._L....",,,_.._,,._.__._,,.__..._._.._.__ 1 !project Management Services I $ 9,600.00 . ! i "--i-'''lO'es'i"gnSe.:YfC;s ~Slte Ver'iircatlOli",-p"rogramiiii'ii'ii, ReViSi'Oris;-spec'ificatioj,s;T-''''''---''-'''-''''$-22~20-0:00- . ilnstallation Drawings, Etc. I _.._~_~".~.,-t~."""M"~'_'M__'_'__'___'_"_"_"_"__"__""_'~_"__"M'_'"_'_""'"_''____'''__''__'__'___''_'_'''_''__'''-.-.-...-.,.--.-..-,,",,-.....-....-...-...-.. 1 !NEW PRODUCT (49 stations) '" new product needed to outfit stations/offices I $ 220,500.00 . ..._._m_.J!~Jl!!:>jIra..!!.1med i~~e ~!!~~..~!:'..!..l!'.1.._..._---",-"-_._._..__._._..__..._",,,,_.._,,_..--l.--,,,_"__."'.."____.__..._._...,,..._.,, 1 INEW PRODUCT INSTALLATION - Receive, deliver, and install approximately i $ 17,700.00 . 1(49) new offices & workstations i I $ 350,500.00 i 2 3 4 5 ...... ...... I ...... a> F:\Cap Studio 2.O\ProJed.\Miss~CHULAVlSTA\BLDG300lMove Service... option B..p4 01123106 16:26:37 o ~ ." -I ;:::!"(J )> o OJ (") :Zco W N ::I: s,:s: Nm Z -I ~ Item 1 2 3 4 5 6 ..... 7 ..... I ..... ...... OYlIO/V :3 O.P.S.D. Office PavDion San DiegD BUILDING 300 MOVE SERVICES OPTION B DESCRIPTION Ext Sell 1 !Disassemble, move, and reassemble existing freestanding desks, files, & i $ 80,500.00 e !storage from (7) different locations to BLDG 300 (approx. 100 people) I l' '-!project" MariagementServlces-........-..--..--.-.--.-.-.-.----...-.....-...--r'-'-"-'''''''''''''''S-'9,6oiijio .. ~ j .....-j-.-.......--...---..-..-....--.......-...-...--.---."".--.........-.-..-...-.-..-.-.--."".--,-.."".--........""...-.-.......--.-..."". 1 iDesign Services. Site Verification, Programming, Revisions, Specifications, I $ 22,200.00 o ilnstallation Drawings, Etc. , ___.__+_.___.M_._.._w._._.___.____.___..__'_MM_M._._N~--H---.-----.---.-.---s-.-.-...-'---..---.-.----.. 1 jNEW PRODUCT (49 stations). new product needed to outfit stations/offices ! $ 220,500.00 . las programmed in the original design ! '--r-T NEiiiTp'ROOUCT '1 NsfALLA"fiON-=-Receive-;-ti-eifViir,"and insialiapproXimiitiify-r-'--'-'-"$'-1""j~iii'ii:iio .. ,(49) new offices & workstations ] M_~"_'H_._'_'__"__H__"_'_"_'_H_'_'_"_"'_'_"_"_____--...----.----.-.--.-.---+---.----.-.-----.,.-.-- . 1 iNEW Conference, Training, Lobby, Ancillary Furniture as proposed in j $ 160,330.00 . ioriginal furniture specifications for Bldg 300 I ''''-:j'''.-tAOOn'j(j'NA[''INSTALLATiO'N'''for'CONF.tTRAINING, MIsc"fum"iture-.....""...."...""T.""'............."".-"..r"'9:90ii:ii0 i i . ! i $ 520,730.00 F:\Cap Studio 2.O\Projeds\Missy\CHULAVlSTA\BLDG 30O\Move Services - option B.sp4 01/;19108 11 :23:22 r-" ;.: ..: :,~ : ,. !" ,.: " ~.~ E ~ 0-1 ;j)> 00 Z:J: "":s: m z -I U1 .~ RESOLUTION 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A FISCAL STRATEGY FOR FUNDING THE OPERATING COSTS OF MOUNT SAN MIGUEL PARK AND ALL SEASONS PARK BY INCLUDING THOSE OPERATING COSTS IN THE CITY'S FISCAL YEAR 2008-09 BUDGET BALANCING EFFORTS AND BY DEVELOPING A MANAGED COMPETITION MODEL TO SOLICIT PROPOSALS FROM OUTSIDE FIRMS AS WELL AS CITY DEPARTMENTS TO PERFORM PARK MAINTENANCE ACTIVITIES WHEREAS, on September 19, 2006, the City Council approved a design build agreement with Erickson Hall Construction, Inc. to design and construct a completed and fully functional park in San Miguel Ranch, called Mount San Miguel Community Park; and WHEREAS, on May IS, 2007, the City Council approved a design build agreement with Erickson Hall Construction, Inc., to design and construct a completed and fully functional park in Village 7 of Otay Ranch, called All Seasons Park; and WHEREAS, sufficient Parks and Acquisition Fees ("PAD Fees") have been collected to construct both parks, and WHEREAS, staff estimates that the operating expenses for the parks are $130,000/year for Mount San Miguel Community Park and $85,000/year for All Seasons Park; and WHEREAS, subsequent to the start of design activities on both parks, the fiscal position of the City started to deteriorate in the wake of a weakening economy and a significant slowing of development activities; and WHEREAS, this weakening fiscal position caused the City to suspend design activities for a brief period of time in order to develop a plan to fund the operating expenses the City will assume once the parks are completed and open to the public; and WHEREAS, assuming a construction start in June of 2008, the estimated completion of the parks is in July 2009 which will defer any operational expenses until fiscal year 2009-10; and WHEREAS, staff proposes that the City approach funding the operations of the parks as it is addressing its budget cutting needs for fiscal year 2008-09; and WHEREAS, staff intends to develop a program for soliciting proposals from outside landscape maintenance contractors as well as internal City departments as a way of ensuring that maintenance costs are as reasonable and cost effective as possible. 11-18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that it establishes a fiscal strategy for funding the operating costs of Mount San Miguel Park and All Seasons Park by including those operating costs in the City's fiscal year 2008-09 budget balancing efforts and by developing a managed competition model to solicit proposals from outside firms as well as City departments to perform park maintenance activities. Presented by Approved as to form by Jack Griffin Director of Engineering and General Services \J~U~ ~ Ann Moore {/ City Attorney H:\ENGINEER\RESOS\Resos2008\03-18-08\Miguel All Seasons Resolution revised by ec.doc 11-19 RESOLUTION 2008 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1.3 MILLION FROM THE CASH RELEASED FROM THE RESERVE FUND AND AUTHORIZING THOSE FUNDS TO BE UTILIZED TO REIMBURSE THE GENERAL FUND FOR ALL OUTSTANDING AND FUTURE STAFF TIME CHARGES, TO ESTABLISH AND MAINTAIN A SUFFICIENT PROJECT CONTINGENCY UNTIL COMPLETION OF THE CNIC CENTER PROJECT IN AUGUST 2008, AND TO IMPLEMENT A FURNITURE INSTALLATION PLAN FOR THE FORMER POLICE DEPARTMENT BUILDING THAT INCLUDES THE RELOCATION AND INSTALLATION OF ALL SALVAGEABLE EXISTING FURNITURE STOCK WITHIN THE CITY AND THE PURCHASE OF NEW PRODUCT AS NEEDED TO COMPLETE THE PROJECT WHEREAS, on January 8, 2008, the City Council approved the second amendment to the design build agreement with Highland Partnership, Inc., increasing the Guaranteed Maximum Price (GMP) for Phase 3 of the Civic Center Renovations (GG300) by $1,699,514 to a total of$40,045,514; and WHEREAS, the City Council directed the staff to utilize all funds remaining in the project to cover the increased costs associated with the GMP amendment, eliminating the funds that were previously appropriated to the project and programmed for furnishing the former police department building; and WHEREAS, staff undertook efforts with its furniture consultant and contractor to determine cost estimates for utilizing existing furniture stock the City has and to supplement it with new product where the existing stock was insufficient to finish the space or could not be relocated due to its physical condition or inability to be used in combination with other non- compatible items; and WHEREAS, City staff time will not be able to be reimbursed on the project due to insufficient project balances, causing a revenue drop to the general fund; and WHEREAS, the Chula Vista Public Financing Authority (the "Authority") has assisted the City in financing the construction and equipping of the City's police facility through the execution and delivery of the $60,145,000 City of Chula Vista 2002 Certificates of Participation (the "2002 Certificates") pursuant to that certain Trust Agreement, dated as of June 1, 2002 (the "Trust Agreement") between the City, the Authority, and U.S. Bank, N.A., as trustee; and 11-20 .' ~. ........-... :lU Highland '~""'"'{"m~""",1>ni",,"',;JJ~ .,-,.""""~",,,(""m~""". \)~!\.y LA..Nb I~.~ . '."":~) ~~~..~. OBPAll "~I"~ ~:o;./ ...~- South Bay Expressway ~ tr,~~~~ 4!A_h~ ""~f..:;~;;~ NlJTRITIONAL SUPPLEMENTS Put the fun back in drjving! Peartrees Catering, Inc. Chula Vista High School String Ensemble Instructor: Dr. Conrad Bruderer ~V?- -,- .~ -- ~ --- ClN OF (HULA VISTA MEMORANDUM DATE: March 18, 2008 TO: VIA: FROM: SUBJECT: Honorable Mayor and City Council Mayor Cheryl Com) . Barbara Bamberg~Environmental Policy Advi~r ,~~ .::-- -, Potential partnership and funding for the Otay Valley Regional Park In August of 2007, Mayor Cox directed that I facilitate and participate in a series of meetings between the Sacramento-based Resources Legacy Fund (RLF), the Planning Department, and Otay Valley Regional Park (OVRP) staff. Meetings with other non- profit organizations involved with the OVRP, as well as County management and City of San Diego staff were also arranged. These meetings provided a strategic approach to obtain significant funding from bon,d acts approved by voters in November 2006 and other funding sources for the purchase, improvement, and restoration of lands within the Otay Valley Regional Park. The goal is to create a state wide effort within the next few years by leveraging state bond monies to obtain outside grants and foundation monies aimed at carrying out the vision of the OVRP. RLF will assist the City in identifying all possible funding sources from existing State bonds and help secure these monies. Through this effort, several million dollars are potentially available for the OVRP. RLF is a nonprofit organization that works with foundations and philanthropists to advance conservation in California. RLF provides expertise to cities in support of establishing river parkways in urban communities. This service is provided without cost. RLF's work is funded by numerous large foundations including the Goldman Fund, the Hewlett Foundation, the Gordon and Betty Moore Foundation, and the David and Lucile Packard Foundation. RLF has provided expertise to this region in the past; working with Assemblywoman Ducheny and Supervisor Cox. RLF was' instrumental in facilitating acquisition of the Fenton property. Please contact me if you have any questions. .! ;; )' ',\ I , 1" ~ " ,\,. . I.~ -J " -<,,'; -iJ...',',,---- rffndJlt/ ~ ~-, '. -. . .;\~~~ The Chula Vista -",',i \,,\1) ~)~'~:ll:~I~I~~:~~TI:~~~:~~'~~l~~OIl Los Iideres de la comunidad de Chula Vista estan colaborando con la Fundaci6n de San Diego (The San Diego Foundation) para crear y sostener una fundaci6n local dedicada unicamente a servir a la comunidad de Chula Vista. Done a (hula Vista es un esfuerzo comunitario especificamente disenado para recaudar fondos para Chula Vista, ahora y para generaciones futuras. Es parte de una iniciativa regional de la Fundaci6n de San Diego Ilamada Done a San Diego con el prop6sito de informar e inspirar a los residentes de San Diego a cerca de los beneficios de hacer donaciones a un fondo de beneficencia. Nuestro Proposito y Vision Nuestra mision es mejomr la calidad de vida dentro de Clmla Vista al jJro1lwver y allmentaT la jilantmjlia TesjJonsable y efi1ctiva. PROPOSITO: . Aumentar las donaciones caritativas por parte y para el beneficio de todas las personas que viven y trabajan en Chula Vista . Crear un fondo de beneficencia dedicado a la comunidad de Chula Vista que provea financiamiento anual alas organizaciones y causas de Chula Vista . Brindar un vehiculo para los miembros de la comunidad de Chula Vista que sirva para la planificaci6n de su patrimonio y el cual provea donaciones que beneficien a Chula Vista hoy y para siempre ~QUE SIGNIFICA CREAR UN FONDO DE BENEFICENCIA? Un fondo de beneficencia es permanente. Son fondos recolectados para caridad con el requisito que la cantidad del principal del fondo nunca se gasta. EI saldo de este fondo es invertido y luego las ganancias se gastan para apoyar a obras de caridad perpetuamente. Los donativos al fondo pueden hacerse de muchas maneras: efectivo, propiedades, fondos de jubilaci6n, pagarE~s 0 un regalo de su estado. Onete a la iniciativa Done a Chula Vista al dar una contribucion a la Fundacion de Beneficencia de Chula Vista. ESTRUCTURA: . Las personas interesadas pueden volverse miembros de la Fundaci6n de Beneficencia de Chula Vista al hacer una donaci6n minima de $1,000 al ano por tres a cinco anos, pagadera a: The San Diego Foundation Endow Chula Vista . La mitad de la donaci6n sera inmediatamente utilizada para otorgar fondos anuales . La otra mitad Ira al fondo de beneficencia permanente . Los donantes votaran cada ano para elegir cuales solicitudes para recibir las subvenciones locales son las mas merecedoras y necesitadas 'I\\1S' " 'D' ~';'TJH" an lego ~,,) ~~~~,~2~~~,~~}2 Si dcsea formal' parte de la FlIndaci6n de Bcneficencia de Chula Vista, pOI' favor comuniqllesc con Pilar Montoya al (619) 235-2300, par corren e1ectnlnico a endowchulavista@sdfoundation.org a visite el sitia www.endowchulavista.org " \,', I'{ 6rtabll/ .;\\~~ The Chula Vista . ~.,'~, . ..' Charitable Foundation , A proud affiliale of The San Diego Foundation Community leaders throughout Chula Vista are partnering with The San Diego Foundation to create and sustain a local foundation to serve solely the community of Chula Vista, Endow Chula Vista is a community-specific effort to focus on endowment building for Chula Vista, now and for generations to come. It is part of The San Diego Foundation's region-wide initiative, Endow San Diego, to inform and inspire San Diegans regarding the benefits of endowment. Our Purpose and Vision Our mission is 10 imjJrove Ihe qnality of life within ChnLa Vista by jn'01l1oting and increasing resjJOl1Sible and effective fJhilanthrojJY. PURPOSE . Increase charitable giving by and for the benefit of all who live and work in Chula Vista . Build a Chula Vista community endowment to provide funding annually to Chula Vista organizations and causes . Give Chula Vista community members a vehicle for legacy planning and gifts that will benefit Chula Vista now and forever WHAT IS AN ENDOWMENT? Endowments are permanent. They are charitable funds with the requirement that the principal is neverspent. The balance of these funds is invested, earning income that is then spent to support charitable works in perpetuity. Gifts can be given in many forms including cash, real estate, retirement funds, securities or a gift from your estate. Join Endow Chula Vista by giving to the ChuIa Vista Charitable Foundation. STRUCTURE . Individuals can become members of The Chula Vista Charitable Foundation by making a minimum donation of $1,000 per year for three to five years. Checks are made payable to The San Diego Foundation Endow Chula Vista. . Half the donation will immediately go into annual grant making . Half will go into a permanent endowment . Donors will vote each year for the local grant applications they deem most worthy and most needed ,,'III' SD' 1f';' Tbe an Iego ~~) !'~~l~:~~,~ip~,~: [fyou would like to join The Chula Vista Charitable Foundation, please contact Pilar Montoya at (619) 235-2300 or endowchulavista@sdfoulldation.org or visit us al www.endowchulavista.org COMPARISON OF PROP. 98 (Rent Control Rollback) & PROP. 99 (Homeowner Protection Act) PROVISIONS EMINENT DOMAIN FOR PRIVATE DEVELOPMENT 1--------------------------- , ! RENT CONTROL Prop. 98 (Rent Control Rollback) r . Redefines "public use" to prohibit taking any property to convey to private party, including homes and commercia! properties. Prop. 99 (Homeowner Protection Act) . Constitutional prohibition on taking owner-occupied homes for conveyance to private party. I .--,--.----.--------------.----- -------..--.--.-----------.--..-.------- r-..-.----------. .--.---...----- -.--------. '. Prop. 98 would abolish rent control laws in California. ,- No changes to state or local rent control laws or d. I.f ordinances. . More than 85% offun mg to qua I y Prop. 98 comes from mobile home and apartll:ent owners and II associations that represent them. , IMPACT ON AFFORDABLE HOUSING AND TENANT PROTECTION LAWS EMINENT DOMAIN FOR TRADITIONAL PUBLIC WORKS PRO.JECTS According to \\'estern Center on Law and Poverty, Prop. 98 will likely eliminote tenant protection laws, including: o Laws governing return of rental deposits. o Tenant notice periods, such as GO-day notice requirement prior to forcing renters out of unit. o Protections regarding terminations of tenancy. I .---------r::--: .--.---.--- Prop. 98 includes provisions that will increase taxpayer, ,D Does not change or limit acquisitions for traditional costs and cause delays for traditional public works public works like schools, roads, bridges and other projects like schools, roads, bridges and other projects. projects. Section 19(b)(5) changes constitutional definition of'Just compensation!'! adding new requirements that will make all property acquisitions vastly more expensive! including required payments for attorneys fees if jury awards even $1 more than agency offered. . According to Western Center on Law and Poverty, Prop. 98 will invalidate inclusionary housing requirements that require a certain number of units to be affordable to low- income families. . i . ! . -..__.~---.----------_._--~--.---_._-- .-....-----..-----------..-.-- I I ._m___ _ -.----------- _ _ -.-.___ ___._..__ ..__ ____._.___________ I I . No changes to laws dealing with tenant protections and or affordable hOllsing requirements I I I I I .--.-..-.--.-.----.-------.-----.---.-.-.--.. -_...._--_._-~ ~ROVISIONS I -------1 i " I I 1 REGULATORY TAKINGS PROVISIONS IMPACT ON ENVIRONMENTAL PROTECTIONS AND LAND-USE REGULATION Prop. 98 (Rent Control Rollback) " Contrary to claims by 98 proponents, buried in definitions section of initiative are new constitutional changes that would prohibit certain regulatory actions regulating use of real property. Section 19(b)(3) prohibits "regulation of the ownership, occupancy or use of privatel)' owned real property or associated properly rights in order to transfer economic benefit to one or more private persons at the expense of the property owner", According to an analysis conducted by one of the state's leading environmental law firms, Shute, Mihaly & \\leinberger, "nearly all regulation provides an economic benefit to some private person. Accordingly, although the Initiative is ambiguous in several signiticant .Ireas, a court could interpret it to restrict a host of environmental and land use regulations..." I I I I " [ i I , i [ I --1------- . I" Prop. 98 changes existing law and would wreak h~voc on i local land-use planning and environmental protections. II" According to the Shute, Mihaly & Weinberger analysis, "there is a substantial risk... that (the initiative) I would be broadly construed to prevent the 'j enforcement of HUIlY existing environmental I regulations as well as the adoption of new laws and policies to protect the ellvironment". I" SMW legal analysis also warns that Prop. 98 "appears to I' impair a broader class of environmental prutections thall did }lroposition 90." i" Unlike Proposition 90 (which required compensationfor ! regulations that caused economIC damages)) PrOpOSitIOn I 98 outright f)/'oilihils such laws and regulations that ! "transfer economic benefits", , I I " Prop. 99 (Homeowner Protection Act) No changes to lnws surrounding regulatory takings. " No changes to environmental laws or regulations. i I I I -_____._____J PROVISIONS IMPACT ON WATER PROJECTS Prop. 98 (Rent Control Rollback) I I I , ProJl. 99 (Homeowner Protection Act) No change and no impact on public watcr projccts or any other traditional public works project. . Prop. 98 would prohibit the use of eminent domain to acquire land and water to develop rJ1lblic watcr projects. The Association of California Waler Agencies warns Prop. 98 could "derail efforts to build the inji-astructure and other wafer projects we need 10 ensure an adequate supplyafsafe, clean drinking water." The Western Growers Association warns Prop. 98 could "block future deJ1clopmcIlt ofslllface wilter storage and conveyance. " . Measure preserves ability to protect public health and safety. Prop. 99 contains specitic public health and safety exemptions to eminent domain restrictions. Language permits the use of eminent domain to protect public health and safety; preventing seriolls and repeated r criminal activity; response to an emergency; and to I remedy environmental contamination. Proposed See J 19(i). PUBLIC HEALTH AND SAFETY EXEMPTIONS . . . That's because Prop. 98~s proposed amendment to Section 19(a) of the constitution prohibits the taking of private property for "priv<ltc use. II Proposed section 19(b)(3)(ii) defines "private use" as including: tral/sfer of OIvllership, occupancy ur lIse (~f private property or as:mciated jll'opel'(J' rights to a public agency for the consumption of natural rC,\'OUl'ces or for the same or a substantially similar Lise as that made by the private owner; (Emphasis added.) Since virtually all elements ofa public water projcct involve the Itconsumption of natural resources", Prop. 98 would prohibit property acquisitions for public water projects. . . Changes to Section 19(b)(3) contain I/O exee{!tionsfo/' actions taken to protect health alld safe{)J. Land-use decisions (such as restrictions on building in unsafe areas, or zoning decisions to protect residents from undesirable or unsafe businesses) could be ruled prohibited under Proposition 98. . . PROVISIONS I I . I I I I I I ~--~-----,~-~~~--~-~-~-' I CHANGES TO BALANCE OF POWER BETWEEN I.JUDICIARY AND , LEGISLATIVE , I BRANCHES OF I GOVERNMENT I I r I PROVISIONS DEALING I WITH OTHER MEASURE I ON SAME BALLOT TIMING OF APPLICATION Prop. 98 (Rent Control Rollback) Prop. 98 would shift power Ii'om locally elected legislative bodies to the courts by: (a) mandating that cou11s essentially ignore the local governments' legislative deliberations in all eminent domain proceedings when cases are challenged in court, and (b) permitting the introduction of new evidence in court cases tbat was never presented to the public agency. --------r: I . I I . NONE . Regulatory takings provisions in Prop 98 could apply to EXISTING laws and regulations, as well as future laws. Provisions abolishing rent control apply to future rent control laws and rent control protections abolished wben unit is vacated. . Prop. 99 (Homeowner Protection Act) ~---- ~nges to balance of power. Sbould Prop. 99 pass with more votes than Prop. 98, Proposition 98 would be nullified. . Applies to future eminent domain actions. Paid for by No 98/Yes 99, Californians to Stop the Prop 98 Attack on Renters and In Support of Prop 99, the Homeowners Protection Act. A committee of seniors, homeowners, taxpayers, renters, educators, business, labor, environmentalists, local government and public safety, League of California Cities (Non-Public Funds) and Californians for Neighborhood Protection: Yes on Prop 99, No on Prop 98, a sponsored committee of conservationists and labor 1121 L. Street, Suite 803 - Sacramento, CA 95814 - 916.443.0872 W'NW .ErninentDomaln Reform .com WHEREAS, in connection with the execution and delivery of the 2002 Certificates, the Reserve Fund established under the Trust Agreement was funded in cash in the amount of $4,063,500; and WHEREAS, Section 6.02 of the Trust Agreement permits the Reserve Fund to be funded with a letter of credit, a bond insurance policy or other credit facility (a "Reserve Policy") instead of cash; and WHEREAS, on January 22, 2008, the City Council approved the replacement of the cash in the Reserve Fund with a Reserve Policy; and WHEREAS, the City Council also approved using the cash to be released to the City for the payment of all or a portion of the lease payments due with respect to the 2002 Certificates, with the balance being applied to pay any costs related to the acquisition, construction, reconstruction, modernization and equipping of the Civic Center project or to reimburse the Public Facilities Development Impact Fee Fund for disbursements made to finance the Civic Center project; and WHEREAS, this action netted the City approximately $2 million with $1.3 million available for use in completing the Civic Center project; and WHEREAS, staff proposes that these funds be utilized to reimburse the general fund for all outstanding and future staff time charges, to establish and maintain a sufficient project contingency until completion of the Civic Center project in August 2008, and to implement a furniture installation plan for the former police department building that includes the relocation and installation of all salvageable existing furniture stock within the City and the purchase of new product as needed to complete the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it appropriates $1.3 million from the cash released from the Reserve Fund and authorizes those funds to be utilized to reimburse the general fund for all outstanding and future staff time charges, to establish and maintain a sufficient project contingency until completion of the Civic Center project in August 2008, and to implement a furniture installation plan for the former police department building that includes the relocation and installation of all salvageable existing furniture stock within the City and the purchase of new product as needed to complete the project. Presented by Approved as to form by Jack Griffin Director of Engineering and General Services ~L_ d {~~ f.~ Ann Moore fJ City Attorney H:\ENGINEER\RESOS\Resos2008\03-18-08\Civic Center Furniture Resolution revised by ec.doc 11-21