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HomeMy WebLinkAbout2008/12/09 Agenda Packet~ ~OMfr 1Mf~~ ~M1~ Of ~ ~ MA ,. '~ ~~ ~ ~ on ~ buN~n be~i rMlr ~~ .~ ~ , C17Y OF ~- CHULA VISTA Cheryl Cox, Mayor Rudy Ramirez, Councilmember ScottTulloch, Interim City Manager )ohn McCann, Councilmember Bart Miesfeld, Interim City Attorney Pamela Bensoussan, Councilmember Donna Norris, City Clerk Steve Castaneda, Councilmember December 9, 2008 6:00 P.M. CALL TO ORDER Council Chambers City Hall 276 Fourth Avenue ROLL CALL: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY • OATH OF OFFICE Christopher Shilling to the Board of Ethics • INTRODUCTION BY REDEVELOPMENT & HOUSING ASSISTANT DIRECTOR ERIC CROCKETT, OF EMPLOYEE OF THE MONTH, LEILANI HINES, PRINCIPAL PROJECT COORDINATOR • INTRODUCTION BY RECREATION DIRECTOR BUCK MARTIN OF ISRAEL GARZA, CHAIR OF THE PARKS & RECREATION COMMISSION AND PRESIDENT OF THE CHULA VISTA YOUTH SPORTS COUNCIL, AND PAUL ARRIOLA, CHULA VISTA RESIDENT, WHO WAS SELECTED TO PARTICIPATE ON THE UNDER 14'S U.S. NATIONAL SOCCER TEAM • RECOGNITION BY CONSERVATION AND ENVIRONMENTAL SERVICES DIRECTOR MICHAEL MEACHAM OF KOHL'S DEPARTMENT STORE AND HOME DEPOT FOR THEIR DONATIONS TO THE CITY'S ENVIRONMENTAL PROGRAMS • PRESENTATION BY CITY STAFF ON THE ACCOMPLISHMENTS OF THE CHULA VISTA/SDG&E LOCAL GOVERNMENT PARTNERSHIP WHICH PROVIDES ENERGY EFFICIENCY SERVICES TO LOCAL RESIDENTS, BUSINESSES AND CITY OPERATIONS AND HELPS LOWER MONTHLY UTILITY COSTS • PRESENTATION BY THE FEDERAL COMMUNICATIONS COMMISSION TO PROVIDE INFORMATION REGARDING THE DIGITAL TV TRANSITION SCHEDULED FOR FEBRUARY 17, 2009 Page 1 -Council Agenda http://www.chulavistaca.g_o_v December 9, 2008 CONSENT CALENDAR (Items 1-13) 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. Letter of resignation from Kevin O'Neill, member of the Growth Management Oversight Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. B. Letter of resignation from Pamela Bensoussan, member of the Planning Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $500 DONATION FROM KOHL'S DEPARTMENT STORES AND APPROPRIATING THE FUNDS TO THE CONSERVATION & ENVIRONMENTAL SERVICES DEPARTMENT'S FISCAL YEAR 2009 BUDGET (4/STHS VOTE REQUIRED) In May 2008, employees from the Kohl's Department Store participated in a community tree planting event as part of the City's Urban Shade Tree Project. The project is administered by the Public Works and Conservation & Environmental Services Departments, and is a community-based program to expand the number of shade trees along public rights-of--way. As a result of the employees' participation, the Kohl's Department Store has subsequently donated $500 to help support the environmental program. (Conservation & Environmental Services Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN ADDENDUM TO THE LOCAL GOVERNMENT PARTNERSHIP AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO CONTINUE THEIR FUNDING OF ENERGY EFFICIENCY PROGRAMS, AND APPROPRIATING $551,808 TO THE ENERGY CONSERVATION FUND TO PROVIDE BRIDGE FUNDING FOR THE PARTNERSHIP THROUGH FISCAL YEAR 2009 (4/STHS VOTE REQUIRED) Page 2 -Council Agenda http://www.chulavistaca.gov December 9, 2008 The Local Government partnership between the City of Chula Vista and San Diego Gas & Electric (SDG&E) provides funding for energy efficiency services to local residents, businesses and City operations that reduce the amount of electricity and natural gas consumed and lower monthly utility costs. The contract addendum would provide "bridge funding" for the Partnership until the California Public Utilities Commission formally approves the proposed 2009-2011 Chula Vista/SDG&E Energy Efficiency Partnership Program (anticipated in June 2009). Approval of the addendum would allow the City to continue its efforts to expand energy efficiency opportunities in the community and at municipal facilities. (Conservation & Environmental Services Director) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A SERVICE CONTRACT TO KEENOLOGY CORPORATION DBA CIPPLANNER CORPORATION FOR THE PURCHASE AND IlVIPLEMENTATION OF A CAPITAL IMPROVEMENT PROGRAM (CIP) PLA1`1NING AND BUDGETING SOFTWARE SYSTEM, AMENDING THE FISCAL YEAR 2008/2009 CIP PROGRAM, AND APPROPRIATING $120,000 FROM THE AVAILABLE FUND BALANCE OF VARIOUS ELIGIBLE FUNDING SOURCES TO THE "CIP MANAGEMENT EQUIPMENT AND SOFTWARE PURCHASE" (OP208) PROJECT (4/STHS VOTE REQUIRED) The existing Capital Improvement Budget program was developed in-house approximately 18 years ago using technology developed that is now considered obsolete and does not allow for multiple users to enter data simultaneously, is very labor intense, is no longer supported and cannot be enhanced to fully integrate with the City IFAS or GIS systems. After exploring various alternatives, staff is recommending the purchase of an off-the shelf system used by other public agencies and recommended by the Government Finance Officer Association for Capital Improvement Budget development and project management. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolution. 5. RESOLU~T'ION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO IlvITIATE PROCEEDINGS TO CONSIDER THE FORMATION OF AN ASSESSMENT DISTRICT FOR GLENHAVEN WAY FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS Residential properties along Glenhaven Way, Elm Avenue and Amy Way west of First Avenue are currently without curbs, gutters and sidewalks and the street is deteriorating. The City has received a petition signed by 27 of the 37 residents of this neighborhood requesting that special assessment district proceedings be commenced for the purpose of financing the construction of these improvements. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolutions. Page 3 -Council Agenda http:!/www.chulavistaca~ov December 9, 2008 6. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE MAKING OF AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1 PURSUANT TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE AND DIRECTING ACTIONS WITH RESPECT THERETO B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PRELIMINARILY APPROVING A1VIENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1, ORDERING THE PUBLIC HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE MAKING OF AN AMENDED REASSESSMENT WITHIN REASSESSMENT DISTRICT NO. 2001-2 PURSUANT TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE AND DIRECTING ACTIONS WITH RESPECT THERETO D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PRELIMINARILY APPROVING AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-2, ORDERING THE PUBLIC HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO In the past, the City has formed assessment districts to provide funding for infrastructure under the Municipal Improvement Act of 1913 which requires that when a parcel of land upon which there is an unpaid assessment splits, the original assessment must be segregated and apportioned. Apportionments are required for parcels that are reconfigured and/or subdivided in order to redistribute the assessment lien to the newly created parcels. At this time, there are a number of outstanding apportionments which require that the assessment liens be apportioned to the newly created parcels. A public hearing will take place on January 6, 2008 at 4:00 p.m. (City Engineer/Engineering Director) Staff recommendation: Council adopt the resolutions. 7. REPORT REGARDING DEVELOPMENT IMPACT FEES, PARK ACQUISITION AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUND FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2008 State Government Code Section 66000 requires that local agencies assessing Development Impact Fees (DIF) and sewer capacity charges make available specified financial data to the public each fiscal year. These reports satisfy that requirement and have been available in the City Clerk's office for public review since November 24, 2008. A report has also been included on the Parkland Acquisition and Development (PAD) fees for ease of reference and convenience to the public. (Deputy City Manager, Finance Director, Engineering Director) Staff recommendation: Council accept the report. Page 4 -Council Agenda http://ww-w.chulavistaca.g_o_v December 9, 2008 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING ATWO-YEAR PURCHASE AGREEMENT TO BAKER & TAYLOR, WITH SIX ONE-YEAR RENEWAL OPTIONS FOR THE PURCHASE OF LIBRARY BOOKS AND AUDIO-VISUAL MATERIALS On September 5, 2008 the City's Purchasing Agent issued specifications to select a primary and possibly secondary supplier of library books and audio-visual materials for a contracted two-year period ending December 31, 2010. Four vendors, representing major book suppliers in the public library and educational marketplace, responded. Adoption of the resolution approves the awarding of the purchase agreement to Baker & Taylor. (Library Director) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MILLS ACT CONTRACT BETWEEN THE CITY OF CHULA VISTA AND THE OWNERS OF THE HISTORIC SITE LOCATED AT 201 "I" STREET AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT In accordance with Council Policy #454-01, staff has prepared a contract for the owners of 201 "I" Street (Historic Site #74), who have requested to participate in the Mills Act program. Upon authorization by the City Council, the City will enter into the agreement, which will then be forwarded to the County Assessor's office for recordation, making the property eligible for tax credit in the next assessed tax year. (Planning & Building Director) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $5,223 FROM THE BUREAU OF JUSTICE ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE BULLETPROOF VEST PARTNERSHIP (4/STHS VOTE REQUIRED) The Police Department was recently notified by the Bureau of Justice Assistance of approved funding for the Bulletproof Vest Partnership (BVP). The BVP funding will pay for 50% of the cost of bulletproof vests for police officers. Matching funds are already included in the Police budget. (Police Chief) Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $150,000 FROM THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES AND APPROPRIATING FUNDS THEREFOR, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE CONTRACTUAL AGREEMENT WITH SOUTH BAY CO1~~TY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES (4/STHS VOTE REQUIRED) Page 5 -Council Agenda http://www.chulavistaca.gov December 9, 2008 The Police Department and South Bay Community Services have been working in partnership for the past eleven years providing g domestic violence services to the community. Adoption of the resolution will accept a grant from the Governor's Office of Emergency Services for Domestic Violence Response Team services and approve a contractual agreement with South Bay Community Services to provide said services. (Police Chief) Staff recommendation: Council adopt the resolution. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $236,902 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE SOBRIETY CHECKPOINT PROGRAM (4/STHS VOTE REQUIlZED) The Police Department has received funding from the California Office of Traffic Safety for the Sobriety Checkpoint Program. The goal of this program is to reduce the number of victims killed and injured in alcohol-involved crashes. (Police Chief) Staff recommendation: Council adopt the resolution. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $49,913 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE CLICK-IT OR TICKET PROGRAM (4/STHS VOTE REQUIRED) The California Office of Traffic Safety has awarded $49,913 to the Police Department for the Click-It or Ticket Program. The goal of the California Click-It or Ticket project is to increase seat belt use statewide to 96% by September 8, 2009. (Police Chief) 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. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Page 6 -Council Agenda http://www.chulavistaca.gov December 9, 2008 14. CONSIDERATION OF PROPOSED ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Finance Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL 15. CONSIDERATION OF PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected owner occupied properties and ultimately placed on the property tax bills for collection. (Finance Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL ACTION ITEMS The Item listed in this section of the agenda will be considered individually by the Council and is expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 16. REPORT AND CONSIDERATION OF THE INTERIM CITY MANAGER' S PROPOSED BUDGET REDUCTIONS Page 7 -Council Agenda http://www.chulavistaca.gov December 9, 2008 Council will be presented with the Interim City Manager's proposed budget reductions for the 2008/2009 and 2009/2010 budgets and will be asked to take. any action it deems appropriate. (Interim City Manager) OTHER BUSINESS 17. INTERIM CITY MANAGER' S REPORTS 18. MAYOR' S REPORTS Appointment of Deputy Mayor 19. COUNCILMEMBERS' 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). 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): 1. Spatafore v. City of Chula Vista, et al., United States District Court, Case No. 07CV 1887 BEN LSP; and 2. DJ Allen v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2008 00069534-CU-PO-SC. 21. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 • Agency designated representatives: Scott Tulloch, Marcia Raskin, Bart Miesfeld, Rod Betts, Maria Kachadoorian, Edward Van Eenoo, Leah Browder • Employee organizations: CVEA, IAFF, POA, WCE, and Unrepresented Groups 22. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: Title: City Manager 23. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: Title: City Attorney Page 8 -Council Agenda http:!/w~vw.chulavistaca.gov December 9, 2008 ADJOURNMENT to the Regular Meeting of December 16, 2008 in the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building 100, during normal business hours. In compliance with the AMERICANS WITH DISABILITIESACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at (619) 691-5041 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5655 at least forty-eight hours in advance for meetings and five days for scheduled services and activities. California Relay Service is also available for the hearing impaired. Page 9 -Council Agenda http://www.chulavistaca. ov December 9, 2008 Page 1 of 1 Lorraine Bennett From: Leticia Lazo on behalf of CityClerk Sent: Friday, November 21, 2008 2:29 PM To: Lorraine Bennett Cc: Jennifer Quijano Subject: FW: GMOC -----Original Message----- From: Kevin & Carol O'Neill [mailto:mkocci@cox.net] Sent: Friday, November 21, 2008 10:37 AM To: Cheryl Cox Cc: CityClerk; Kim Vander Bie Subject: GMOC Please accept this as formal notice of my resignation from the Growth Management Oversight Commission. Although I served serially, I have met the eight years' service that out term limit ordinance was meant to impose. More importantly, the challenges that face our community should be addressed by those who will have to live with the decisions. I am "old guard" and have had a minor roll in shaping this community since the mid 1980's it is time for the younger members to step up. Thank you for the opportunity to serve. Kevin O'Neill 1/1 11/21/2008 Page 1 of 1 Lorraine Bennett 'From: Cheryl Cox Sent: Thursday, December 04, 2008 11 :56 AM To: Lorraine Bennett; Jennifer Quijano Subject: FW: Planning Commission From: Pamela Bensoussan [mailto:pamelabens@cox.net] Sent: Thursday, December 04, 2008 10:28 AM To: Diana Vargas; Trippn1401@cox.net Cc: Scott Tulloch; Cheryl Cox Subject: Planning Commission Dear Chair Tripp, Due to my new position as Chula Vista City Council member, I will no longer be able to serve on the Planning Commission. Please accept my resignation. If I don't see you this month, have a very happy holiday and New Year and please convey to the other commissioners the same. -Pamela Pamela Bensoussan, ASA 616 Second Avenue Chula Vista, CA 91910 12/4/2008 18 CITY COUNCIL AGENDA STATEMENT DECEMBER 9, 2008, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A $500 DONATION FROM KOHL'S DEP.A.RTMENT STORES At'ID AJ'PROPRIATING THE . FUNDS TO THE CONSERVATION & ENVIRONNIENTAL SERVICES DEPARTMENT'S FISCAL YEAR 2009 BUDGET DIRECTOR~CONSERVATION & ENvIRONNlENTAL SERVICES .~ INTERIM CITY MA.l'lAGER '7--r- SUBMITTED BY: REVIEWED BY: SUMMARY In May 2008, employees from the Kohl's Department Store participated in a community tree planting event as part of the City's Urban Shade Tree Project. The Urban Shade Tree Project, which is administered by the Public Works and Conservation & Environmental Services Departments, is a community-based program to expand the number of shade trees along public rights-of-way which contribute to the City's mitigation efforts for the Urban Heat Island Effect and climate change. As a result of the employees' participation, the Kohl's Department Store has subsequently donated $500 to help support the environmental program. 4/5THS VOTE: YES 0 NO I I ENvmONMENTAL 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 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary . RECOMNIEJ\l)A TION Council adopt the resolution. 2-1 DECEMBER 9, 2008, ItemL Page 2 of2 BOARDS/COMMISSION RECOlYlMENDATION Not applicable. DISCUSSION The Urban Shade Tree Project (USTP), which is administered by the Public Works and Conservation & Environmental Services Departments, is a community-based program to expand the numbet of shade trees along public rights-of-way, canyon parkways and within parks. With major funding provided by the California Department of Forestry & Fire Protection, the USTP has planted over 1,200 new shade trees on public property in Chula Vista over the past two years. The new trees provide a suite of environmental services by stabilizing topsoils, conserving energy, cooling air temperatures (reducing the "Urban Heat Island Effect") and absorbing storm water runoff. In addition, over 350 volunteers have participated in bimontWy community tree planting events helping to build environmental awareness and stewardship. The program includes an "Adopt a Tree" component that encourages neighbors to participate in planting trees on their block and to sign a pledge to help water the new trees the first 2-3 years as they become established. In May 2008, over 20 employees from the KoW's Department Store participated in a community event to plant 25 new shade trees along Crested Butte Street in southwestern Chula Vista. As a result of the employees' participation, the KoW's Department Store has donated $500 to help support the environmental program. The funding will be used for additional community planting events and to provide for environmental outreach materi3J.s. The community planting events are organized in association \Vith Volunteer San Diego's "Students Actively Volunteering for You" (SA VY) program. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT The acceptance and appropriation of the $500 donation will not have a negative impact to the General Fund. The funds will be used to support the Urban Shade Tree Project through additional community planting events and provide for additional environmental outreach materials. The Administration of the Urban Shade Tree Project is funded through the Conservation & Environmental Services Department's approved budget. ATTACHiVIENTS None. Prepared by: Brendan Reed, Environmental Resource lvfanager, Conservarion & Environmental Services 2-2 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHlTLA VISTA ACCEPTING A $500 DONATION FROM KOHL'S DEPARTMENT STORES AND APPROPRIATING THE FUNDS TO THE CONSERVATION & ENVIRONMENTAL SERVICES DEPARTMENT'S FISCAL YEAR 2009 BUDGET WHEREAS, the Urban Shade Tree Project, which is administered by the Public Works and Conservation & Environmental Services Departments, is a community-based program to expand the number of shade trees along public rights-of-way, canyon park-ways and within parks; and WHEREAS, over 350 volunteers have participated in bimonthly community tree planting events helping to build environmental awareness and stewardship; and WHEREAS, the program includes an "Adopt a Tree" component that encourages neighbors to participate in planting trees on their block and to sign a pledge to help water the new trees the first two to three years as they become established; and WHEREAS, in May 2008, over twenty employees from the Kohl's Department Store participated in a community event to plant twenty-five new shade trees along Crested Butte Street in southwestern Chula Vista; and WHEREAS, as a result of the employees' participation, the Kohl's Department Store has . donated $500 to help sponsor the environmental program; and WHEREAS, the funding will be used to support additional community planting events and provide for additional environmental outreach materials. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby accept a $500 donation from Kohl's Department Stores. BE IT FURTHER RESOLVED that the City Council does hereby appropriate the funds to the Conservation & Environmental Services Department's Fiscal Year 2009 budget. Presented by - .' / Approved as to form by j' /,/ /~// Michael Meacham Director of Department of Conservation & Environmental Services ~rt/ +11 ri J:\AltomeylRESOLUTIONS\F1NA~CE\Acccp( money from Kohl',_12-09-08.doc 2-3 CITY COUNCIL AGENDA STATEMENT ",~t; ~(ft- C1TYOF '-~ (HULA VISTA DECEMBER 9, 2008, Item -3 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN ADDENDUM TO THE LOCAL GOVERNMENT PARTNERSHIP AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO CONTINUE THEIR FUNDING OF ENERGY EFFICIENCY PROGRAtVlS AND APPROPRIATING $551,808 TO THE ENERGY CONSERV A nON FUND TO PROVIDE BRIDGE FUNDING FOR THE PARTNERSHIP THROUGH FISCAL YEAR 2009 SUBMITTED BY: DIRECTOR OF CONSERV AnON & ENVIRONMENTAL ~, SERVICES V REVIEWED BY: <- ----I INTERIM CITY MANAGER ? SUMMARY The Local Government Partnership between the City of Chula Vista and San Diego Gas & Electric (SDG&E) provides funding for energy efficiency services to local residents, businesses and City operations that reduce the amount of electricity and natural gas consumed and lower montWy utility costs. The contract addendum would provide "bridge funding" for the Partnership until the California Public Utilities Commission formally approves the proposed 2009-201 I Chula VistalSDG&E Energy Efficiency Partnership Program (anticipated in June 2009). The bridge funding will allow the City to continue its efforts to expand energy efficiency opportunities in the community and at municipal facilities. 4/STHS VOTE: YES ~ NO D 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. 3-1 DECEMBER 9, 2008, Iteml Page 2 of 4 RECOMMENDA nON Council adopt the resolution. BOARDS/COMMISSION RECOMMENDA nON Not applicable. DISCUSSION In September 2006, City Council approved the current SDG&E Local Government Partnership Agreement that provided $2,193,225 ($731,075 per calendar year) to the City's energy conservation efforts. The funding is provided through a "Public Goods Charge" which is a monthly utility bill surcharge on energy consumed by every customer in SDG&E's territory. The funds are used to reduce the amount of kilowatt-hours (electricity) and therms (gas) consumed by the Chula Vista community, especially sectors which historically have not fully participated or are not eligible for existing energy incentive programs. Targeted sectors include low income residents, small businesses, contractors, permit applicants and developers. In addition to lowering monthly utility costs, these energy savings contribute to reducing Chula Vista's greenhouse gas emissions or "carbon footprint." Bdow are summaries of each Partnership component's accomplishments during the 2006-2008 period: lvfunicipal Facilily Improvements The Engineering Department working in collaboration with the Conservation & Environmental Services Department has identified and begun 35 energy efficiency and renewable energy retrofit projects at 6 municipal buildings. Partnership funds supported City staff time and consultant fees, while the capital improvements were funded through low-interest California Energy Commission loans. The retrofit projects, anticipated to be completed by March 2009, will generate approximately 1.4 million kWh and 50,000 therms in annual energy savings and reduce the City's annual utility costs by over $200,000. In addition, City staff is participating in "Building Operator Certification" classes to improve energy management practices. Community Energy Efficiency The Conservation & Enviromnental Services Department has promoted energy efficiency and conservation in the community through its business/residential energy assessment program and participation in community outreach events. Since 2007, the Partnership has funded City staff to perform over 1,000 on-site energy assessments and provide over 35,000 energy-efficient Compact Fluorescent Lamps (CFLs) to community participants producing approximately 3.8 million kWh and 130,000 therms in direct energy savings. Through the Partnership, Chula Vista also worked with community stakeholders to form the Climate Change Working Group to help draft new strategies for reducing the City's greenhouse gas emissions and complete annual emission inventories. 3-2 DECEMBER 9,2008, Iteml Page 3 of4 Sustainable Communities The Sustainable Communities Outreach Program, which is administered by the Planning and Building Department, works to integrate energy efficiency into the permitting and inspection process. The Partnership has funded City staff to educate permit applicants, contractors and developers on energy efficiency opportunities and to train permit counter technicians and building inspectors on advanced energy technologies. The Planning and Building Department has also developed ordinance proposals to promote renewable energy and green building design principles in new construction and major renovation projects. Redevelopment & Economic Development The Redevelopment Agency and Economic Development Organizations have sponsored energy generation and efficiency technical modeling studies of proposed projects using its Partnership funding. In pmiicular, the Los Vecinos Affordable Housing Project, which is now under construction, was modeled and designed to exceed Title-24 energy efficiency standards by over 37%. The Bayfront Master Plan is also being analyzed to determine the feasibility of installing an cfflcient district energy .system to serve the area's new energy demand. Finally, Partnership funds have helped disseminate the results of the "Chula Vista Research Project" which was a multi-year study to determine technical and economic opportunities and barriers to integrating energy efficiency at community-level planning and design. As pmi of its 2009-2011 Energy Efficiency Program Portfolio (EEPP), San Diego Gas & Electric has included $4.6 million (3-year total) to continue the Chula VistalSDG&E Partnership Program. The EEPP is reviewed and ultimately approved by the California Public Utilities Commission which has notified SDG&E (and other Investor-Owned Utilities in California) that there will be delays in approving the new EEPP. As a result, the new Chula VistalSDG&E Partnership Program's funding will most likely be delayed until June 2009 and SDG&E has committed to provide $91,968 in montWy "bridge funding" to the City until the new funding is approved. The montWy bridge funding amount was determined with the assistance of each department and will support basic staffing and program costs. When the California Public Utilities Commission formally approves SDG&E's Energy Efficiency Program Portfolio in summer 2009, a new 2009-2011 Partnership agreement between the local utility and Chula Vista will be finalized with funding levels based on the original $4.6 million program allocation minus spent bridge funding amounts. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)( 1) is not applicable to this decision. 3-3 DECEMBER 9, 2008, Iteml Page 4 of 4 FISCAL IMPACT The new funds will be budgeted into the 2009 Energy Conservation Fund and will not have a negative impact to the General Fund. The contract addendum will provide the City with $551,808 ($91,968 monthly) in "bridge funding" (on a reimbursement basis) to support the Chula VistalSDG&E Partnership Program through June 2009 when it is anticipated that more long-term funding will be received. The long-term funding will be addressed in the 2009/20 I 0 fiscal year budget. As mentioned earlier, these funds will be used to support City staff time and program costs for continuing the development and implementation of energy efficiency programs. Approximately 5 full-time and 7 part- time City staff members' salaries and budgets are fully funded through the Chula VistalSDG&E Partnership Program. In addition, the resulting energy reductions from the program have generated approximately 8800,000 and $200,000 in annual energy cost savings for the Chula Vista community (businesses and residents) and municipal operations, respectively. The Administration of this grant is funded through the Conservation & Environmental Services Department's approved budget and the Partnership grant. ATTACHMENTS Attachment A - SDG&E Local Government Partnership Agreement Addendum Prepared by: Brendan Reed, Environmental Resource Manager, Conservarion & Em!ironmenlal Services 3-4 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 , r , Dated: \ ~:~ fig: Addendum to the Agreement to Jointly Deliver the 2006-2008 City of Chula Vista Energy Efficiency and Conservation Outreach Program 3-5 ADDENDUM TO "AGREEMENT TO JOINTLY DELIVER THE 2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION OUTREACH PROGRAM" THIS ADDENDU1v! TO THE "AGREEMENT TO JOINTLY DELIVER THE 2006- 2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION OUTREACH PROGRAM" (the "Addendum") is effective as of December _, 2008 ("Effective Date"), by and between SAN DIEGO GAS & ELECTRIC COMPANY ("SDG&E"), and the CITY OF CHULA VISTA ("CITY"). SDG&E and the City may be referred to herein individually as a "Pat1y" and collectively as the "Parties." All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the "Agreement to Jointly Deliver the 2006-2008 City of Chula Vista Energy Efficiency and Conservation Outreach Program," dated as of January 1, 2006, by and between the Parties (the "2006- 08 Agreement"). RECITALS WHEREAS, the Parties previously executed the 2006-08 Agreement, which provided for the Energy Efficiency and Conservation Outreach Program to implement energy efficiency and conservation measures by overcoming existing barriers and to increase public awareness about energy efficiency and. conservation through non- traditional education and outreach outlets and channels used by cities and San Diego County; WHEREAS, on July 21, 2008, SDG&E submitted its application ("2009-11 Applications") for the implementation of energy efficiency programs to be delivered to California utility customers for the years 2009 through 2011, which included the 2009-11 City of Chula Vista Energy Efficiency Partnership Program (the "2009-11 Program"). The progratn clements to be jointly delivered include municipal facility efficiency improvements, strcngthened building energy codes and inspections, energy-saving redevelopment planning and design and community-based energy conservation education and facility assessmcnts to local govcrnments, public agcncics, businesses and residents located in thc SDG&E service territory; WHEREAS, on August 18,2008, SDG&E filed a request for bridge funding in order to continue certain energy efficiency programs into 2009 in the event the Commission does not finalize a decision on 2009-20 II Applications before the end of 2008; WHEREAS, on October 16,2008, the Commission issued a Decision Adopting Bridge Funding For 2009 Energy Efficiency Programs ("Bridge Funding Decision") allowing SDG&E to expend funds to continue ccrtain 2008 energy efficiency programs during the period from January 1, 2009 to the earlier of three (3) months after the effective date of the Commission's final decision on the 2009-11 Applications, or December 31,2009 ("Bridge Funding Period"); 3-6 WHEREAS, the Parties desire to enter into this Addendum to provide for an extension of the 2006-08 Agreement in the event the Commission has not issued a final decision on the 2009-11 Applications on or prior to January 1,2009; and NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. In the event the Commission has not issued a final decision on the 2009-11 Applications prior to January I, 2009, then the Parties agree to extend the 2006-08 Agreement, as follows: a. The Parties shall be authorized to perform Authorized Work under the 2006-08 Agreement after December 31, 2008 ("Bridge- Funded Authorized Work"), subject to the terms of this Addendum. b. The Parties shall continue to track all Authorized Work under the 2006-08 Agreement performed prior to January I, 2009 ("2006-08 Authorized Work") and all related reports and other work, including the final invoice for the 2006-2008 period, must be submitted to SDG&E by February 15, 2009. c. The Bridge-Funded Authorized Work shall be subject to the terms of the Bridge Funding Decision. In the event of any inconsistency between this Addendum and the Bridge Funding Decision, the terms of the Bridge Funding Decision shall control. d. The Commission-approved monthly budget for City performance of the Bridge-Funded Authorized Work ("Monthly Bridge Funding Budget") shall not exceed $91,968. The Parties acknowledge that any unspent funds in a single month that is allocated in the Monthly Bridge Funding Budget may not be spent in future months, unless prior written authorization is provided by SDG&E. The Monthly Bridge Funding Budget may be supplemented on a case-by- case basis with prior written authorization from SDG&E. The Parties shall not spend any funds allocated to the Bridge Funding Period prior to January 1, 2009. No unspent funds from the 2006-08 program cycle shall carryover into the Bridge Funding Period except such funds as are necessary to prepare final project reports for projects installed prior to December 31, 2008, final program reports and final invoices. 3-7 2 e. This Addendum may be terminated in the manner provided in Section 24 of the 2006-08 Agreement. Unless this Addendum is terminated pursuant to that Section 24, the Parties shall complete all Direct Implementation and Marketing & Outreach activities (as defined in the Program Implementation Plans ("PIPs") related to Bridge-Funded Authorized Work by no later than the date that is three months after the effective date of a final decision by the Commission on the 2009-11 Applications, or by December 31, 2009, or by the effective date of an Agreement for the 2009-11 Application activities, whichever occurs first (such first date, the "Bridge-Funded Authorized Work Deadline"). Program administrative activities (as defined by PIPs' workbooks and reporting requirements), including submission of the Final Report(s), for Bridge-Funded Authorized Work must be completed no later than three (3) months following the Bridge-Funded Authorized Work Deadline, unless otherwise agreed to by the Parties or so ordered by the Commission. f. The Parties shall track all Bridge-Funded Authorized Work performed after January I, 2009, and final invoices for Bridge-Funded Authorized Work shall be submitted no later than three (3) months following the Bridge-Funded Authorized Work Deadline. g. The Term of the 2006-08 Agreement shall continue in effect with respect to Bridge-Funded Authorized Work until the date which is three (3) months following the Bridge-Funded Authorized Work Deadline, unless otherwise terminated in accordance with the provisions of Section 24 of the 2006-08 Agreement. h. The terms of the 2006-08 Agreement (as amended, restated, supplemented or modified under this Addendum) shall remain in full force and effect for such Bridge-Funded Authorized Work. In the event of any inconsistency between the terms of the 2006-08 Agreement and the terms of this Addendum, the terms of this Addendum shall control. Unless otherwise stated in this Addendum, the Parties' rights and obligations with respect to Authorized Work performed on or prior to December 31, 2008 shall remain the same and are not intended to be amended or modified. 2. If the Commission has not issued a final decision on the 2009-11 Application authorizing the 2009-11 Program prior to January 1, 2009, then this Addendum shall automatically terminate and be of no further force and effect. [REMAINDER OF PAGE INTENTIONALL Y LEFT BLANK] 3-8 3 IN WITNESS WHEREOF, the Parties hereto have caused this Addendum to be executed by their duly authorized representatives. CITY: THE CITY OF ClfULA VISTA By: Attest: Name Printed: Donna Norris, City Clerk By: Approved As to Form: Name Printed: Bart Miesfeld, Interim City Attorney By: Approved As to Form: Name Printed: Scott Tulloch, Interim City Manager Date: ,2008 SDG&E: SA1'>l DIEGO GAS & ELECTRIC COi.YIP A1';-Y By:~.~ Name Printed: Hal Snyder --- Its: Vice President, Customer Programs Date: ,2008 3-9 4 Signature Page to Addendum to the Agreement Between City of Chula Vista and San Diego Gas & Electric Company to Jointly Deliver the 2006-2008 City of Chula Vista Energy Efficiency and Conservation Outreach Program Dated: City of Chula Vista By: Cheryl Cox Mayor Attest: Donna Norris, CMC City Clerk A pproved as to form: Bart C. Miesfeld Interim City Attorney J:\AltomeyIJILLM\AGREEMENTS\SDGE Panncrnhip Contract Addendum -- Cil~ ~gf'rn page_12-09-08.doc RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN ADDENDUM TO THE LOCAL GOVERi~ENT PARTNERSHIP AGREEMENT WITH SAN DIEGO GAS & ELECTRIC TO CONTINUE THEIR FUNDING OF ENERGY EFFICIENCY PROGRAMS AND APPROPRIATING $551,808 TO THE ENERGY CONSERVATION FUND TO. PROVIDE BRIDGE FUNDING FOR' THE PARTNERSHIP THROUGH FISCAL YEAR 2009 WHEREAS, in September 2006, City Council approved the current San Diego Gas & Electric (SDG&E) Local Government Partnership Agreement that provided $2,193,225 ($731,075 per calendar year) to the City's energy conservation efforts; and WHEREAS, specitically, the funds are used to reduce the amount of kilowatt-hours (electricity) and therms (gas) consumed by the Chula Vista community, especially sectors which historically have not fully participated or are not eligible for existing energy incentive programs; and WHEREAS, targeted sectors include low-income residents, small businesses, contractors, permit applicants and developers. In addition to lowering monthly utility costs, these energy savings contribute to reducing Chula Vista's greenhouse gas emissions or "carbon footprint;" and WHEREAS, as part of its 2009-2011 Energy Efficiency Program Portfolio (EEPP), San Diego Gas & Electric has included $4.6 million (three-year total) to continue the Chula VistaJSDG&E Partnership Program; and WHEREAS, the EEPP is reviewed and ultimately approved by the California Public Utilities Commission which has notified SDG&E (and other Investor-Owned Utilities in California) that there will be delays in approving the new EEPP; and WHEREAS, as a result, the new Chula VistaJSDG&E Partnership Program's funding will most likely be delayed until June 2009 and SDG&E has committed to provide $91,968 in monthly "bridge funding" to the City until the new funding is approved; and WHEREAS, the monthly bridge funding amount was determined with the assistance of each department and will support basic stafting and program costs; and WHEREAS, when the California Public Utilities Commission formally approves SDG&E's Energy Efficiency Program Portfolio in summer 2009, a new 2009-2011 Partnership agreement between the local utility and Chula Vista will be finalized with funding levels based on the original $4.6 million program allocation minus spent bridge funding amounts; and J:\AltomcyIRESOLUT10I"SIAMENDMENTSlAddcndum 10 LGP agrnt wilh SDG&E_'2_[)~_;:dll Resolution No. 2008- Page 2 WHEREAS, the contract addendum would provide "bridge funding" for the Partnership until the California Public Utilities Commission formally approves the proposed 2009-2011 Chula Vista/SDG&E Energy Efficiency Partnership Program (anticipated in June 2009); and WHEREAS, the bridge funding will allow the City to continue its efforts to expand energy efficiency opportunities in the community and at municipal facilities. NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City ofChula Vista does hereby approve an addendum to the Local Government Partnership Agreement with San Diego Gas & Electric to continue their funding of energy efficiency programs. BE IT FURTHER RESOL VED that the City Council does hereby appropriate $551,808 to the Energy Conservation fund to provide bridge funding for the Partnership through Fiscal Year 2009. Presented by Approved as to form by Michael Meacham Director of Department of Conservation & Environmental Services -'--~- J:\Attomey\RESOLUTIONS\AMENDMENTS\Addcndum to LGP a~;rt J,i~ SDG&E_12-09-08.doc ITY COUNGL STATEMENT . ~~~ ~1 C1IY Of ''`` e~~~a.vrsrA . 12/09/08, Item RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ITEM TITLE: CHULA VISTA AWARDING A SERVICE CONTRACT TO KEENOLOGY CORPORATION dba CIPPLANNER CORPORATION -FOR THE PURCHASE AND IMPLEMENTATION OF A CAPITAL Il1~IPR0VEMENT PROGRAM (CIP) PLAIVNIl~TG AND BUDGETING SOFTWARE SYSTEM, AMENDING THE FISCAL YEAR ,2008/2009 -CIP PROGRAM, AND APPROPRIATING $120,000 FROM THE AVAILABLE ~ FT.JND BALANCE OF VARIOUS ELIGIBLE FUNDING SOURCES TO THE "CIP MANAGEMENT EQUIPMENT AND SOFTWARE PURCHASE" (OP208) SUBMITTED BY PROJECT DIRECTOR OF ENGINEERING : DIRECTOR OF INFORMATION TECHNOLOGY SERVICES .- REVIEWED BY: INTERIM CITY MANAGER ~~ 4/STNS VOTE: YES ~ NO ^~ S Y The existing Capital Improvement Budget program was developed in-house approximately 18 years ago using technology (MapObj ects) developed by ESRI that is now considered obsolete. The current program does not allow for multiple users to enter data simultaneously and is very labor intensive to maintain the CIP data. Since this program was built using outdated technology no longer supported by ESRI, ITS cannot enhance the program to allow for multiple users or fully integrate this program with our IFAS or GIS systems. After exploring various alternatives, staff is recommending the purchase of an off.-the shelf system used by other public agencies and recommended by the Government Finance Officer Association (GFOA) for Capital Improvement Budget development and project management. Adoption of this resolution awards a contract to Keenology Corporation dba CIPPlanner Corporation. ENVII2ONMENTAL 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)(2) 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 12/09/08, Item Page 2 of 4 RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION As part of the City's on-going efforts to improve services and reduce operating costs, staff has been reviewing the Citywide CIP workflow activities associated with programming capital improvement projects. The existing Capital Improvement Program (CIP) reporting document and database is a combination of Access Database forms, Geographical Information System (GIS) graphics, Integrated Financial Accounting System (TEAS) data, Excel spreadsheets and Word document narratives. The current reporting database created by Information Technology Services (IT) and Engineering staff has effectively displayed the details of the program since 1990 (the use of MapObj ects to display drawings began in the late 1990s), however, its capabilities are limited, its processing time is quite lengthy and it is in need of extensive updating and/or re-building to meet the growth and storage needs of the City's.entire Capital Improvement Program data. In addition, the existing system is not integrated with the City financial system limiting reporting capabilities and real-time status update on CIPs. Over the past two years, staff has been seeking alternative reporting venues and management software that could supplement, enhance or replace the current database. In cooperation with IT, it was determined that the best and most cost- effective alternative for the City would be to replace the current database and purchase the replacement "off the shelf." Selection Process On September 12, 2008, staff issued a Request for Proposals (REP) to provide for a capital budgeting and planning software system. On September 29, 2008 the City received five (5) proposals in response to the REP. A selection committee comprised of employees from various Departments within the City that reviewed and evaluated the proposals is as follows; Louie Vignapiano (IT), Iracsema Quilantan (Engineering), .Phil Davis (Finance), Tiffany Allen (OBA) and Merce LeClair (Engineering). After reviewing the proposals submitted by the five firms, interviews were conducted with the three most responsive vendors. The companies interviewed were as follows: Com an Address Proposal Cost* Carpe Datum Consulting, Inc. 18449 East Hinsdale Ave Base Cost $66,250 ($225/hr Foxfield, CO 80016 + Travel and Expenses) - excludes IFAS & Microsoft Project inte ration Questica 3190 Harvester Rd Suite 102A Base Cost $67,255 ($175/hr Burlington, Ontario Canada + Travel and Expenses) - xcludes IFAS & Microsoft Project inte ration CIPPlanner 2075 De La Cruz Blvd Suite 115 Base Cost $67,500 ($150/hr Santa Clara, CA 95050 + Travel and Expenses) - includes IFAS integration, Microsoft Project integration Tread art of s stem with the exception of Questica, base costs were provided assuming 10 users (Questica provided at 15 users) 4-2 12/09/08, Item Page 3 of 4 The interview process and evaluation was comprised of seven categories of evaluation which included the General System Configuration, Capital Request Development, Budget Analysis and Approval, Document Production, Reporting, Project Management and Fund Management. CIPPlanner provided the most cost effective comprehensive Capital Improvement Budget and project management proposal that met the program criteria identified in the RFP. Included in the proposal were report-writing capabilities, detail program sheets with GIS graphics, project specific management capabilities, historical data, fund management/allocation, proposal management and project management. Staff has verified references and received positive recommendations from current customers. The softare system, CIPAce, is 100% in compliance with the Capital Project Monitoring and Maintenance Best Practices defined by the Government Finance Officers Association (GFOA). More recently, CIPPlanner was invited to speak at the Government Finance Officers Association's (GFOA) on November 12-14 where they discussed how to incorporate some of GFOA's Best Practices theories into application. Staff is therefore recommending that a contract be awarded to CIPPlanner in an amount not to exceed $72,740 (maintenance billed separately after first year) for the purpose of procuring and implementing a Capital Improvement Planning and Budgeting software system. System Performance Features CIPPlanner's software system is a web-based enterprise class software application called CIPAce that enables agencies to manage their entire capital program and capital projects from planning and implementation to completion and report writing managed by a single database. Since the program offers a variety of features called "modules", it has the ability to custom tailor a software package that will match the City's processes and required report writing needs as well as import data from the City's existing database which will save time and money because the City will not have to re-enter historical data. In addition, the system has the capability of using existing software (including but not limited to two-way integration with Microsoft Project) and hardware platforms, and allowing for controlled access by Citywide users. It has the capability to upload information from the City's existing financial system (IFAS), which will provide for up to date fiscal data. Currently, CIP project proposals are paper-based and submitted for consideration during the annual budget process.. With this software system, departments will have the ability to submit CIP project proposals on a web-based form via the Intranet which will enable staff to track the status of every capital project idea, store them in a central repository, provide solid information about the overall CIP needs of the City and help plan for future funding needs. In addition, the project management module will enable staff to track multiple CIP projects independently and since the modules are interactive, will also allow Administrators to take the data and generate comprehensive reports for multiple purposes, including but not limited to budgeting, status updates, funding allocation, and forecasting (projection). Implementation Schedule It is anticipated that CIPPlanner will begin the configuration analysis and historical data migration in December 2008 followed by financial integration development and software configuration in January 2009 and system verification and validation including training in February 2009. It is anticipated the new system will be operational by the end of February 2009 assuming no unforeseen events adversely impact the implementation schedule. 4-3 12/09/08, Item Page 4 of 4 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT For procurement of equipment and software necessary (including professional services) to replace the existing database, staff is recommending appropriating $120,000 from the available fund balance of various eligible funding sources to the "CIP Management Equipment and Software Purchase" (OP208), and amending the Fiscal Year 2008/2009 CIP Program. TOTAL FUNDS REQUIRED FOR PROCUREMENT AND IMPLEMENTATION License u to 12 users ,Base Service, Im lementation Fee and Irate ation $72,740 First Year Su ort not includin maintenance $7,274 Procurement Contingency $7,274 City Contingency (not to exceed) ~ $14,548 Staff Oversight and Implementation ~ $12,164 SQL Server $6,000 TOTAL $120,000 TOTAL APPROPRIATIONS Sewer Service Revenue Fund $30,000 Trans ortation pevelo ment Im act Fund TDIF $30,000 TransNet $ 3 0, 000 Traffic Si al Fund $30,000 General Fund (In-Kind NOT Included in A ro riation Total $15,000 TOTAL $120,000 All of the funds recommended above have a CIP component (including acquisition). The General Fund contribution is proposed to be met for by in-kind staff services. There is an annual on-going support/maintenance cost of 18% of the installed value for an estimated cost of $14,000 after one year of implementation. Implementation is estimated in January 2009. Support and maintenance costs (pro-rated beginning January 2010) will be included in the Fiscal Year 2009/2010 ITS Operating Budget. ATTACHMENTS Exhibit A. Two-Party Agreement Prepared by: Iracsema Quilantan, Assistant Director of Engineering Merce LeClair, Sr. Management Analyst, Engineering Dept. M.•IGeneral ServiceslGSAdministrationlCouncilAgendalClPPlannerlClP Software Program A113 FINALa.doc 4-4 RESOLUTION N0.2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A SERVICE CONTRACT TO KEENOLOGY CORPORATION dba CIPPLANNER CORPORATION FOR THE PURCHASE AND IlVIPLEMENTATION OF A CAPITAL Il~ROVEMENT PROGRAM (CIP) PL~,NNIlVG AND BUDGETING SOFTWARE SYSTEM, AMENDING TI-~ FISCAL YEAR 2008/2009 CIP PROGRAM, AND APPROPRIATING $120,000 FROM THE AVAILABLE FUND BALANCE OF VARIOUS ELIGIBLE FUNDING SOURCES TO THE "CIP MANAGEMENT EQUII'MENT AND SOFTWARE PURCHASE" (OP208) PROJECT WHEREAS, as part of the City's on-going efforts to improve services and reduce operating costs, staff has been reviewing the Citywide Capital Improvement Project (CIP) workflow activities associated with programming capital improvement protects; and WHEREAS, the existing CIP reporting document and database has limited capabilities, its processing time is quite lengthy, and it is in need of extensive updating and/or rebuilding to meet the.growth and storage needs of the City's CIP data; and WHEREAS, on Septemberl2, 2008, staff issued a Request for Proposals (RFP) to provide for a capital budgeting and planning software system and on September 29, 2008 the City received five proposals in response to the RFP; and WHEREAS, a selection committee determined that Keenology Corporation dba CIP Planner. Corporation .provided the most cost effective comprehensive Capital Improvement Budget and project management proposal that met the program criteria identified in the RFP; and WHEREAS, staff recommends amending the Fiscal Year 2008/2009 CIP Program and appropriating $120,000 from the available fund balance of various eligible funding sources to the "CIP Management Equipment and Software Purchase" (OP208) for the procurement of the equipment, software, and professional services necessary to replace the existing database. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That it awards a service contract to Keenology Corporation dba CIPPIanner Corporation for the purchase and implementation of a Capital Improvement Program (CIP) Planning and Budgeting Software System. 2. That it amends the Fiscal Year 2008/2009 CIP Program. 4-5 Resolution No. 2008- Page 2 3. That it appropriates $120,000 from the available fund balance of various eligible funding sources to the "CIP Management Equipment and Software Purchase" (OP208) project. Presented by Richard A. Hopkins Director of Engineering Approved as to form by Bart C. Miesfeld Interim City Attorney H:\L-NGINEER\RE50S\Resos2008\1Z-09,08\C(PPlanner Resa revised by ec.doc 4-6 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY' S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: 1 ~i Agreement between City of Chula Vista and CIP Planner for Capital Planning and Budgeting Software System 4-7 Parties and Recital Page(s) Agreement between City of Chula Vista and Keenology Corporation dba CIPPlanner Corporation for Capital Planning and Budgeting Software System This agreement ("Agreement"), dated December 9, 2008 and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Service Provider, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Service Provider"), and is made with reference to the following facts: Recitals Whereas, as part of the City's on-going efforts to improve services and reduce operating costs, staff has been reviewing the Citywide CIP workflow activities. associated with programming capital improvement projects; and, Whereas, the current database is limited and in need of extensive updating and/or re-building to meet the growth and storage needs of the City's entire Capital Improvement Program data; and, Whereas, on September 29, 2008, City staff issued a Request for Proposals ("RFP") to provide for a capital budgeting and planning software system; and, Whereas, the City received five (5) proposals in response to the RFP; and, Whereas, after City staff completed their review of proposals and interviewed three of the five firms, City staff selected the Keenology Corporation dba CIPPlanner Corporation to provide the services necessary to procure and implement a Capital Planning and Budgeting Software System; and, Whereas, Service Provider warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Service Provider to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Page 1 4-8 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the .City and Service Provider do hereby mutually agree as follows: 1. Service Provider's Duties A. General Duties Service Provider shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Service Provider shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this Agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Service Provider, from time to time reduce the Defined Services to be performed by the Service Provider under this Agreement. Upon doing so, City and Service Provider agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Service Provider to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they -are within the scope of services offered by Service Provider, Service Provider shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Service Provider, in performing any Services under this Agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Page 2 4-9 F. Insurance Service Provider must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Service Provider, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). ~. (3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Professional Liability or Errors & Omissions Liability insurance appropriate to the Service Provider's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Contractor must maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and (Including operations, property damage. If Commercial General Liability insurance products and completed with a general aggregate limit is used, either the general operations, as applicable) aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation Employer's Liability: 4. Professional Liability or Errors & Omissions Liability: Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $1,000,000 each occurrence Page 3 4-10 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Service Provider will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: (1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Service Provider, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Service Provider, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to~ the contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (2) The Service Provider's General Liability .insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. (3) The insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either parry, except after thirty (30) days' prior written notice to the City by certified- mail, return receipt requested. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (5) Service Provider's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (1) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. Page 4 4-11 (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. (3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Service Provider must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (4) A copy of the claims reporting requirements must be submitted to the City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Service Provider shall furnish the City with ,original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including .endorsements evidencing the coverage required by these specifications. Subcontractors Service Providers must include all SubService Providers as insured under its policies or furnish separate certificates and endorsements for each SubSrvice Provider. All coverage for SubService Providers- are subject to all of the requirements included in these specifications. G. Security for Performance (1) Performance Bond In the event that Exhibit A, at Paragraph 18, indicates the need for Service Provider to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Service Provider shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fins.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and Page 5 4-12 which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph 18. (2) Letter of Credit In the event that Exhibit A, at Paragraph 18, indicates the need for Service Provider to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Service Provider shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Service Provider is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City .Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18. (3) Other Security In the event that Exhibit A, at Paragraph 18, indicates the need for Service Provider to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Service Provider shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. H. Business License Service Provider agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Service Provider for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall permit access to its office facilities, files and records by Service Provider throughout the term of the Agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision of these materials beyond thirty (~0) days after authorization to proceed, shall constitute a basis for the justifiable delay in the Service Provider's performance of this Agreement. B. Compensation Page 6 4-13 Upon receipt of a properly prepared billing from Service. Provider submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Service Provider for all services rendered by Service Provider according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Service Provider for out of pocket expenses as provided in Exhibit A, Paragraph 11. All billings submitted by Service Provider shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this Agreement. 4. Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to amve at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Service Provider shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate"). Time extensions for delays beyond the Service Provider's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the Page 7 4-14 effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Service Provider A. Service Provider is Designated as an FPPC Filer If Service Provider is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Service Provider is deemed to be a "Service Provider" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate Regardless of whether Service Provider is designated as an FPPC Filer, Service Provider shall not make, or participate in making or ~in any way attempt to use Service Provider's position to influence a governmental decision in which Service Provider knows or has reason to know Service Provider has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Service Provider is designated as an FPPC Filer, Service Provider warrants and represents that Service Provider has diligently conducted a search and inventory of Service Provider's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Service Provider does not, to the best of Service Provider's knowledge, have an economic interest which would conflict with Service Provider's duties -under this Agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Service Provider is designated as an FPPC Filer, Service Provider further warrants and represents that Service Provider will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests Regardless of whether Service Provider is designated as an FPPC Filer, Service Provider further warrants and represents that Service Provider will immediately advise the City Attorney of City if Service Provider learns of an economic interest of Service Provider's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. Page 8 4-15 F. Specific Warranties Against Economic Interests Service Provider warrants and represents that neither Service Provider, nor Service Provider's immediate family members, nor Service Provider's employees or agents ("Service Provider Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within two (2) radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. Service Provider further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Service Provider or Service Provider Associates in connection with Service Provider's performance of this Agreement. Service Provider promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. Service Provider agrees that Service Provider Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. Service Provider may not conduct or solicit any business for any parry to this Agreement, or for any third party that may be in conflict with Service Provider's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Service Provider shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Service Provider, and Service Provider's employees, subcontractors or other persons, agencies or firms for whom Service Provider is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees} arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Service Provider, its employees, agents or officers, or any third parry. With respect to losses arising from Service Provider's professional errors or omissions, Service Provider shall defend, indemnify, protect and hold harmless the City, ,its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Page 9 4-16 Service Provider's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Service Provider's obligations under this Section shall not be limited by any prior or subsequent declaration by the Service Provider. Service Provider's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers), the following indemnification provisions should be utilized: (1) Indemnification and Hold Harmless Agreement With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Service Provider, or Service Provider's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Service Provider agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all Liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Service Provider, its employees, agents or officers, or any third parry. The.. Service Provider's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Service Provider's obligation and duties under Section Exhibit A to this Agreement. (2) Indemnification for Professional Services. As to the Service Provider's professional obligation, work or services involving this Project, the Service Provider agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Service Provider and its agents in the performance of services under this Agreement, but this indemnity does not apply liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City. 8. Termination of Agreement for Cause If, through any cause, Service Provider shall fail to fulfill in a timely and proper manner Service Provider `s obligations under this Agreement, or if Service Provider shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Service Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such Page 10 4-17 termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared ~by Service Provider shall, at the option of the City, become the property of the City, and Service Provider shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Service Provider `s breach. 9. Errors and Omissions In the event that the City Administrator determines that the Service Providers' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted. if there were no such negligence, errors, omissions, Service Provider shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this Agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Service Provider of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Service Provider shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Service Provider hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Service Provider are personal to the City, and Service Provider shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the SubService Providers identified thereat as "Permitted SubService Providers". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any Page 11 4-18 such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Service Provider shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Service Provider's work products. Service Provider and any of the Service Provider's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or -any other payroll tax, and Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this Agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies, and procedures used by the City in the implementation of same. Upon request by City, Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing parry shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the parry who is awarded substantially the relief sought. 16. Statement of Costs In the event that Service Provider prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Service Provider shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous Page 12 4-19 A. Service Provider not authorized to Represent City Unless specifically authorized in writing by City, Service Provider shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Service Provider is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Service Provider and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Service Provider represents that neither Service Provider, nor their principals are licensed real estate brokers or salespersons. . C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identif ed herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written .document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. (End of page. Next page is signature page.) Page 13 4-20 pare Fade t Agreement between Czty of C'huia vista and I~eenoiagy +Garpora~ion dba ~Flaaner ~~porat~n for Capital Planning and .B~gng S~~v~ system IN' ~~E~~ ~~~R.E+~F~ City anal ~erv~.~e P~c~vi:~d b~ve execnt~d this eernent thereby indicating that they ha~~ read and understoc~~ same, aid ~c~~ate ~e~ fu~~ ~rl: eornplete consent to its terms: Dated: pity fl~ ~hu1a ~`a By: G~ery G~x, l~yc~t Attest:. Donna ~o~i~s, City C~e~ AlZpxoved a~ tt~ fQ:rn2: . Bart Iiesfield, Interim pity Atto~ry Dated: Ebb ~i~t t~ Agre~me~t { F~bt A. 4-21 Page 14 Exhibit A to Agreement between City of Chula Vista and Keenology Corporation dba CIPPlanner Corporation for Capital Planning and Budgeting Software System 1. Effective Date of Agreement: December 9, 2009 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ()Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ()Industrial Development Authority of the City of Chula Vista, a ()Other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Service Provider: Keenology Corporation dba CIPPlanner Corporation 2075 De La Cruz, Suite 115 Santa Clara, CA 95050 5. Business Form of Service Provider: ()Sole Proprietorship ( )Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Service Provide: Page 15 4-22 2075 De La Cruz, Suite 115 Santa Clara, CA 95050 Voice Phone: (408) 213-0416 Fax Phone: (408) 516-3722 Mailing address: P.O. Box 9671, San Jose, CA 95157 7. General Duties: SERVICE PROVIDER shall deploy and implement its CIPAceTM Enterprise Software Application for the City. 8. Scope of Work and Schedule: A. Detailed Scope of Work: (1) Service Provider shall provide the City with twelve user licenses for the CIPAceTM Enterprise Software Application which shall include the following modules: Major Module Sub Module Project Scoping Standard Portfolio Planning Project Ranking Project' Filtering Proposal Mgmt Advanced Planning Multiple Scenarios Fund Management Standard Fund /Budgeting Fund Allocation Capital Budget Mgmt Standard Reporting Standard Reporting Custom Reporting Advanced Reporting Analytics User Management Standard Classifications Standard Utilities User Access Config. Standard Utilities Advanced Utilities Custom Field Mgmt Advanced Classification Smart Text Mgmt Page 16 4-23 Audit Trail Schedule & Resource Project Management Project Dashboard Project Financials Risks and Issues Advanced Project Management Purchase Order Management Contract Management MS Project 2003/2007 ti 3'~ P rt I t Financial System -IFAS egra on a y n (2) Service Provider shall perform the following tasks: Task 1 -Project Kick-Off Service Provider shall meet with City staff to determine the project schedule and project team roles. Task 2 - ConfigLuration Analysis Service Provider shall configure the CIPAceTM :application to be consistent with the requirements defined by City staff, up to the extent as allowed by the built-in configurability of CIPAce Software without requiring software code changes. Service Provider shall set up two configuration setup analysis meetings with City staff to define configuration setting of CIPAceTM Software. Software Configuration meetings will define the configuration of the following: • Smart texts, which are nomenclatures of the Software • Custom fields • Classifications • Standard dropdown boxes • User roles and responsibilities in terms of the data that each role needs to manage and view and the underlying processes associated with it reporting needs • Key user profiles including such things as name, position, contact information and email addresses • Business rules and metrics to be measured. This would include workflow, approval cycles, alerts (ie: schedule, cost, modifications, etc.), KPIs. • Standardized City reports required that are not provided in the CIPAceTM application • Reports within the Library of the CIPAceTM Software that require modification • Other customization features under the utility menu of the CIPAceTM Software Task 3: Third Party System Inte ation Service Provider shall provide the following Integration services for the City's Financial System -IFAS: Page 17 4-24 ^ System architecture analysis ^ Development of a Requirements Specification ^ Develop and implement integration with 3rd party applications The data exchange mechanism shall be one way, batch. Task 4: Historical Date Mi anon Utilizing a single compatible electronic source (template to be provided), Service Provider shall transfer the historical CIP Planning data and financial data into the CIPAceTM application. This Task shall be completed prior to final deployment. The City shall provide historical data to CIPPlannerTM for migration into the CIPAceTM. Service Provider shall migrate the historical data once for the City as part of the standard software implementation service. Upon completion of the migration, the City shall go through a data validation and user acceptance test prior to "Go Live" for accuracy and completeness. Task 5: Software Confi urg_ anon Service Provider shall configure the CIPAceTM application to be consistent with the City's business processes and environment, without requiring software code changes. Service Provider shall meet with City staff to define configuration setting of CIPAceTM Software. Software Configuration meetings will define the configuration of the following: • Custom fields • Smart texts, which are nomenclatures of the Software • Classifications • Standard dropdown boxes • User roles and responsibilities in terms of the data that each role needs to manage and view and the underlying processes associated with it reporting needs • Key user profiles including such things as name, position, contact information and email addresses • Business rules and metrics to be measured. This shall include workflow, approval cycles, alerts (ie: schedule, cost, modifications, etc.), KPIs. • Standardized City reports required that are not provided in the CIPAceTM application • Reports within the Library of the CIPAceTM Software that require modification • Other customization features under the utility menu of the CIPAceTM Software Configuration or change requirement that will require source code changes of the Software will not be covered under Software Configuration. As apre-requisite to the first software configuration setup analysis meeting: • CIPAceTM Software implementation teams are formed • Service Provider shall provide basic training on CLPAceTM Software to City staff Page 18 4-25 • Service Provider shall provide access to a trial, standard off-the-shell CIPAceTM Software to City staff • City staff will provide CIP business process documentation and diagrams to Service Provider. Task 6: Verification and Validation After CIPAce has been configured and is consistent with the City's business processes and environment, the City shall perform a `Software Verification & Validation' to test functionality of CIPAce with the City's network environment. Service Provider shall assist with the installation of the City's CIPAce configured application in a City server to perform this test. Through the Verification and Validation process, Service Provider shall ensure that the City's required specifications are in agreement with configuration analysis document and historical data migrated. Service Provider shall ensure that CIPAce application functionality satisfies all the City's functional requirements. Service Provider shall incorporate CIPAce application inspections, reviews, audits, walkthroughs, buddy checks, etc. in each module purchased by the City (every module is a phase of the Testing Life Cycle) during the Verification and Validation process. During this Verification, City's staff shall review and examine the configured CIPAce in order to find and point out issues within the application, if any. Task 7 -Production Version Set Uv The move to Production server will involve repeating the process described in Task 6, above. Task 8: Training Service Provider shall provide training for users designated by the City. The training shall be provided in conjunction with the production system rollout. Training shall be segmented for all user groups based on the functional focus. The training program shall be conducted at the City -and shall consist of awalk-through demonstration of CIPAce. Service Provider shall also provide Train-the-trainer ("TTT") training to the designated Super Administrators. The City's Super Administrator(s) will develop standard operating procedures and specific training/user manuals for each functional user group in the City. When completed, the Super Administrator(s) will then be responsible for conducting training for each user group following the standard operating procedures and user manuals for that user group. Service Provider shall be present in providing support and assistance in such training sessions. In addition, Service Provide shall provide online training as determined by the City. Total training should not exceed two (2) days Page 19 4-26 Task 9: Proiect Close-out Service Provider shall set up a CIPAceTM testing/training Environment for the purpose of data migration integrity testing, user acceptance testing and training. All data in the testing/training environments shall be provided by the City. Any CIPAce~ testing/training environments will be removed after the launch of the CIPAceTM production environment. The completion of the User Acceptance Tests signals the acceptance of the CIPAce~ software application by the City. Service Provide shall ensure acceptance of the CIPAce~ software and successful completion. Successful completion is defined as the 100% passing of all critical user acceptance test scripts as defined by Service Provider and accepted by City of Chula Vista. Service Provider shall repair functionality due to any critical or non-critical tests. Service Provider shall provide the City with the following documents in electronic format: • Configuration Analysis Document • Requirements Analysis Report • System Integration Specification • Standard training and User Manuals Service Provider shall also provide the City with Help Files with the CIPAce~ software application. These Help Files shall be accessible through the application web browser. Help Files will be editable by designated City users. Service Provider shall provide the standard reports included in CIPAceTM Software. The City may customize up to five reports. B. Software Support and Maintenance Service Provider shall provide advice and assistance through telephone support during normal working hours (8:00 AM to 5:00 PM PST) Monday to Friday, excluding legal holidays. Service Provider shall provide the advice and assistance by phone at 408-213-0135 or email at sup~o~rtnas,CIPPlannerTM.com. Service Provider shall provide this support on a "best efforts" basis, and may include suggestions for short-term "work around" solutions, and/or the provision of modifications to the software or documentation as deemed appropriate by Service Provider. The City understands and agrees that the support does not cover any hardware (i.e. computers, sample makers etc.) or third-party software products supplied by any other third parties. Service Provider shall provide software minor upgrades, patch releases and installation assistance as licensed under this Agreement at no additional cost. Service Provider shall provide program upgrades to the software and documentation on request by the City or when released by Service Provider. Service Provider's policy is to utilize the Internet for software distribution and installation support. Users requiring media will be Page 20 4-27 responsible for both media and shipping costs and the applicable taxes. Users who require onsite installation service by a Service Provider technician will be responsible for the technician's travel expenses and travel time to be charged at the current rate. Service. Provider shall provide the first twelve months of maintenance at no additional charge. Service Provider shall bill the City for maintenance for subsequent years at 18 percent of the licensed value at that time. The City shall give Service Provider thirty (30) days written notice of its intention not to renew. C. Licensing Provisions Notwithstanding the first clause of the second sentence of Section 8, Termination of Agreement for Cause, and Section 12, Ownership, Publication, Reproduction and Use of Material, of this Agreement, the following provisions shall apply. Service Provider grants the City a rion-exclusive and non-transferable right to use CIPAceTM Software, including but not limited to help manuals, training manuals, system documentations, updates and bug fixes solely for the City's internal business purposes. The City shall not access the Software for purposes of monitoring CIPAceTM Software for, but not limited to, availability, performance or functionality for any competitive purpose. The City shall not (i) license, sublicense, sell, resell; transfer, assign, distribute or otherwise commercially exploit or make available to any third party CIPAceTM or the Content in any way; (ii) modify or make derivative works based upon CIPAceTM or the Content; (iii) create Internet "links" to CIPAceTM or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access CIPAceTM in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of CIPAceTM or (c) copy any ideas, features, functions or graphics of CIPAceTM. The City shall use CIPAceTM only for the City's internal business purposes and shall engage appropriate and acceptable business practices to prevent the: (i) sending Spam or other~vvise duplicative or unsolicited messages in violation of applicable laws; (ii) sending or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative ~ of third party privacy rights; (iii) sending or storing material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interference with or disruption of the integrity or performance of CIPAceTM or the data contained therein; or (v) attempt to gain unauthorized access to CIPAceTM or its related systems or networks. CIPAceTM may be installed on multiple City computers and its use is limited to City internal business. The City shall not allow CIPAceTM to be used by any third party on the City's behalf. Page 21 4-28 Service Provider alone shall own all right, title and interest, including all related Intellectual Property Rights, in and . to CIPAceTM, Documentation and all copies (in whole or part), any suggestions, ideas, enhancement requests, feedback, recommendations and other information provided by the City or any other party relating to CIPAceTM. CIPAceTM including Documentation is proprietary and is protected by copyright, patent andlor trade secret law. All proprietary notices incorporated in or fixed to the Software including the Documentation shall be duplicated by the City on all copies or extracts thereof and shall not be altered, removed or obliterated. The City's use of the Software and associated documentation is subject to the applicable copyright and patent laws and the express rights and restrictions of these License Provisions. This Agreement does not convey to the City any rights of ownership in or related to the Software and the Intellectual Property Rights owned by Service Provider. Service Provider's name, logo and the product names associated with CIPAceTM are trademarks of Service Provider, and no right or license is granted to use them. The City shall not remove any copyright, trademark, or other proprietary notices from the Software. The City shall not reverse engineer, decompile, or disassemble the Software. Except as expressly provided under these license terms, nothing in this Agreement shall be construed as granting the City any license or other right, by implication or otherwise, under any patent, copyright, trademark, trade secret or other proprietary right of Service Provider or its corporate parent. The City may not continue to use the Software upon expiration of this Agreement or termination of this Agreement due to nonpayment by the City. The City is responsible for all activity occurring under the City's use of the Software and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Software, including those related to data privacy, international communications and the transmission of technical or personal data. The City shall: (i) notify Service Provider immediately of any unauthorized use of the Software or any other known or suspected breach of security; (ii) report to Service Provider immediately and use reasonable efforts to stop immediately any copying or distribution of Software that is known or suspected by the City or the City's users; and (iii) not impersonate another Service Provider's user or provide false identity information to gain access to or use the Software. Service Provider does not own any data, information or material that the City submits to Service Provider in the course of using the Software ("Customer Data"). The City shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Service Provider shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Service Provider represents and warrants that it will provide the Software in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Software will perform substantially in accordance with Service Provider's User Manual help Page 22 4-29 documentation under normal use and circumstances. The City shall not provide any false information to gain access to the Software. Service Provider warrants and represents to the City that: • For a period of ninety (90) days from the date of installing the Software in the City's production server, the Software will substantially conform to the documentation provided for the version of Software licensed under normal use and circumstances. • The Software media shall be free of defects. The City shall not make any changes to the CIPAce~ Software including but not limited to programming and database codes of CIPAce~ Software. Service Provider is not responsible for fixing any bugs or software problems that are caused by such changes. D. Termination by Service Provider for Cause In addition to Section 8, Termination of Agreement for Cause, of this Agreement, Service Provider may terminate the License granted to the City pursuant to this Agreement immediately for a breach of its Intellectual property rights. Upon termination for cause, the City's right to access or use the Software immediately ceases, and Service Provider shall have no obligation to maintain the License Key. E. W arran The following provisions apply only to the CIPAceTM Software. In all other situations and circumstances, the provisions of Section 7, Hold Harmless, of this Agreement shall apply. The City's sole remedy in the event of nonconformity of the Software is Service Provider will replace the defective Software or refund the amount paid for the defective Software. The City shall decide to accept a replacement or request a refund. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, OR SERVICES TO BE SUPPLIED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. NO WARRANTY IS MADE REGARDING THE RESULTS TO BE OBTAINED FROM ANY SOFTWARE OR SERVICES OR THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY WILL MEET THE CITY'S REQUIREMENTS. The City acknowledges its responsibility to regularly back-up data and to adequately test prior to deployment each production version of the Software in a configuration that reasonably simulates the City's planned production environment. THE LIABILITY, IF ANY, OF SERVICE PROVIDER OR ITS PARENT AND AFFILIATES FOR LIABILITY ARISING OUT OF BREACH OF WARRANTY, SHALL NOT IN ANY EVENT EXCEED THE FEES -PAID BY LICENSEE FOR THE SOFTWARE Page 23 4-30 OR SERVICES WHICH GIVE RISE TO THE CLAIM. NEITHER SERVICE PROVIDER NOR ITS PARENENT AND AFFILIATES SHALL BE LIABLE FOR LOSS OF PROFITS OR LOSS OR INACCURACY OF DATA. The City is responsible for compliance with all applicable export or re-exports control laws and regulations. F. Proprietary Information Both Parties to this Agreement acknowledges that it may be furnished with or may otherwise receive or have access to information or material which relates to past, present or future products, software, research development, inventions, processes, techniques, designs or technical information and data, and marketing plans (the "Proprietary Information"}. To the extent permitted by law, each Party agrees to preserve and protect the confidentiality of the Proprietary Information and all of its physical forms, whether disclosed to the other party before this Agreement is signed or afterward. In addition, a party shall not disclose or disseminate the Proprietary Information for its own benefit or for the benefit of any third party. The previously stated obligations do not apply to any :information that (1) is publicly known; (2) is given to a party by someone else who is not obligated to maintain confidentiality; or (3) a party had already developed prior to the day this Agreement is signed, as evidenced by documents. Neither Party shall take or cause to be taken any physical forms of Proprietary Information (nor make copies of same) without the other Party's written permission. Within three (3) days after the termination of this Agreement (or any other time at the other Parry's request), one Party shall return to the other Party all copies of Proprietary Information in tangible form. Notwithstanding any other provisions of this Agreement, the requirements of this Section shall survive termination of this Agreement. G. Date for Commencement of Service Provider Services: (X) Same as Effective Date of Agreement ()Other: H. Dates or Time Limits for Delivery of Deliverables: Deliverables Start Finish Deliverable No. 1: Project Kick-Off 12/10/08 12/10/08 Deliverable No. 2: Configuration Analysis 12/10/08 01/6/09 Deliverable No. 3: 3rd Party Integration 01/12/09 02/23/09 Deliverable No. 4: Historical Data Migration 12/10/08 01/06/09 Deliverable No. 5: Software Configuration 12/12/08 01/30/09 Deliverable No. 6: Verification & Validation 01/29/09 02/29/08 Deliverable No. 7: Production Version Set Up 01/30/08 02/05/09 Page 24 4-31 Deliverable No. 8: Training 02/17/09 02/19/09 I. Date for completion of all Deliverables: February 24, 2009 9. Materials Required to be Supplied by City to Service Provider: The City shall provide historical data to CIPPlannerTM for migration into the CIPAceTM. 10. Compensation: A. ()Single Fixed Fee Arrangement. For performance of all of the Defined Services by Service Provider as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: .~ ,payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this Agreement to a time and materials basis of payment. B. (X)Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Service Provider as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Service Provider shall not commence Services under any Phase, and shall not be entitled Page 25 4-32 to the compensation for a Phase, unless City shall have issued a notice to proceed to Service Provider as to said Phase. Phase Fee for Said Phase 1. Net CIPAce Cost (includes discounted $57,240 cost/seat, License cost, Server fee, Showcase discount) 2. Configuration Analysis $3,500 3. IFAS Integration (NTE) $10,000 TOTAL $72,740 4. Maintenance Fee (deferred to 2/09/10) 18% of $13,093 $72,740 () 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that,. at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this Agreement to a time and materials basis of payment. C. ()Hourly Rate Arrangement For performance of the Defined Services by Service Provider as herein required, City shall pay Service Provider for the productive hours of time spent by Service Provider in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) ()Not-to-Exceed L imitation on Time and Materials Arrangement Notwithstanding the expenditure by Service Provider of time and materials in excess of said Maximum Compensation amount, Service Provider agrees that Service Provider will perform all of the Defined Services herein required of Service Provider for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). Page 26 4-33 (2) ()Limitation without Further Authorization on Time and Materials Arrangement At such time as Service Provider shall have incurred time and materials equal to ("Authorization Limit"), Service Provider shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Service Provider from providing additional Services at Service Provider's own cost and expense. Rate Schedule Category of Employee Name of Service Provider Hourly Rate ()Hourly rates may increase by 6% for services rendered after [month], 20 , if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by ~ Service Provider in the performance of services herein required, City shall pay Service Provider at the rates or amounts set forth below: ()None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ $ () Copies, not to exceed $ $ (X) Travel, not to exceed $2,000: Actual Cost () Printing, not to exceed $ $ () Postage, not to exceed $ $ () Delivery, not to exceed $ $ () Long Distance Telephone Charges, not to exceed $ $ () Other Actual Identifiable Direct Costs: $ not to exceed $ $ ,not to exceed $ $ 12. Contract Administrators: City: Iracsema Quilantan, Assistant Director of Engineering Public Services Building Page 27 4-34 276 Fourth Avenue Chula Vista, CA 91910 Telephone: (619) 409-5976 Fax (619) 691-5171 Merce LeClair, Sr. Management Analyst Public Services Building 276 Fourth Avenue Chula Vista, CA 91910 Telephone: (619) 409-1965 Fax (619) 691-5171 Service Provider: Jeffrey O. Kraft, Sales Manager 2075 De La Cruz Blvd., Suite 115 Santa Clara, CA 95050 Telephone: (866) 364-8054 Fax ( ) - 13. Liquidated Damages Rate: ()$ ()Other: per day. 14. Statement of Economic Interests, Service Provider Reporting Categories, per Conflict of Interest Code: (X)Not Applicable. Not an FPPC Filer. ()FPPC Filer ()Category No. 1. Investments and sources of income. ()Category No. 2. Interests in real property. ()Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ()Category No. 4. Investments in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. ()Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with .the City of Chula Vista Page 28 4-35 (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ()Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ()Category No. 7. Business positions. ()List "Service Provider Associates" interests in real property within 2 radial miles of Project Property, if any 15. ()Service Provider is Real Estate Broker and/or Salesman 16. Permitted SubService Providers: 17. Bill Processing: A. Service Provider's Billing to be submitted for the following period of time: (X) Annually -for Maintenance costs only beginning December 9, 2010. ()Quarterly (X) Other: $36, 370 is due upon execution of this Agreement. $36,370 is due upon "Go Live" in Production. B. Day of the Period for submission of Service Provider's Billing: ()First of the Month () 15th Day of each Month () End of the Month ()Other: Page 29 4-36 C. City's Account Number: 18. Security for Performance: Performance Bond, $ Letter of Credit, $ Other Security: Type: Amount: $ Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Service Provider sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: Retention Percentage: Retention Amount: $_ Retention Release Event: ( )Completion of All Service Provider Services ( )Other: J:\AttorneylELISA\AGREEMENTS\CIP Planner (Keenology Corporation) Agreement DRAFT 2.doc Page 30 4-37 CITY COUNCIL AGENDA STATEMENT ~\I.?- (lIT OF . - · ~ (HUlA VISTA 12/09/08, Item---5- SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER THE FORMATION OF Ai'! ASSESSMENT DISTRICT FOR GLENHA VEN WAY FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS DIRECTOR OF ENGINEE~.I~ INTERIM CITY MANAGER S ~ 4/STHS VOTE: YES D NO k8J ITEM TITLE: SlTMMARY Residential properties along Glenhaven Way, Elm Avenue and Amy Way west of First Avenue are currently without curbs, gutters and sidewalks. Additionally, the street is deteriorating. The City has received a petition signed by 27 of the 37 residents of this neighborhood requesting that a special assessment district proceeding be commenced for the purpose of financing the construction of these improvements. 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 because the activity involves the creation of government funding mechanisms which will not result in a potentially significant physical impact on the environment; 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. RECOMJVIENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The area being proposed for the Glenhaven Way Assessment District consists of Glenhaven Way from First Avenue to the west end of street, continuing into Elm Avenue and then Amy Street to its western terminus. These are residential streets with an 80- foot wide right-of-way and are located within the Castle Park area of the City. The Castle Park area is generally bounded by 5-1 12/09/08, Item~ Page 2 of 3 Third Avenue to the west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the south. Existing improvements within the proposed Assessment District generally consist of deteriorating asphalt streets with little or no other street improvements. There is no existing curb, gutter or sidewalk improvements on these streets. In November 2003, twenty-six Glenhaven Way Assessment District property owners submitted a petition to the City requesting the initiation of proceedings to form an assessment district in accordance with the Improvement Act of 1913. At that time, sufficient funding was not available to proceed with a district for Glenhaven due to other districts being constructed within the Castle Park area. The Glenhaven neighborhood is now next in line to be considered for district formation. In order to ensure that the neighborhood was still in favor of the district formation, a community meeting was held in August 2008, after which a new petition was circulated. The petition was returned with 27 of the 37 affected residences in favor of the district. Only one owner indicated opposition. This represents a 73 percent approval from the residences within the proposed district. The City currently has a policy regarding participation in 1913 Block Act proceedings (Council Policy No. 505-01). According to this policy, the City will provide all engineering, inspection and administrative services at no cost to the property owners. It is the City's responsibility to relocate or replace all existing public improvements which would be in conflict with the new improvements, including utilities, and costs associated with construction of the curb, gutter and sidewalk, and street reconstruction. These costs would not be assessed to the property owners. The property owners would be responsible to pay for all costs associated with the driveway apron construction and any costs associated with the relocation of private improvements (only if private improvements are located in the public right-of-way). Improvements This project consists of the construction of curb, gutter, sidewalk, driveway aprons and street replacement along Glenhaven Way from First Avenue to the west end of the street, continuing into Elm Avenue and then Amy Street. This Action Council is being asked to accept the petition requesting the formation of an assessment district for Glenhaven Way, Elm Avenue and Amy Street for the purpose of financing the construction of the described public street improvements. Additionally, to move forward the City Council needs to declare its intention to levy an assessment and to direct the City Engineer to prepare and file with the City Clerk an Engineer's Report as required by Section 10204 of the California Streets and Highways Code. This report will delineate the boundary of the proposed Assessment District, the proposed assessment for each affected parcel, and the anticipated total cost of the improvements. Future Actions After completion of the Engineer's Report, Council will be asked to adopt a Map showing the proposed boundaries of the District and approve the report. Council will also be asked to set a time and place to hold a public hearing to consider the formation of the district and the construction of the improvements. Prior to the public hearing, the residents within the proposed district will be balloted to formally confirm that the necessary level of approval has been maintained. This balloting procedure also needs to be ordered by the Council. 5-2 12/09/08, Item~ Page 3 of 3 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 that is the subject of this action. FISCAL IMP ACT There are no fiscal impacts associated with action on this resolution. ATTACHMENTS 1. Petition signed by the Glenhaven Property owners Prepared by: Rick Ryals. Real Property Manager. Engineering Dept. M:IEngineerIA GENDA ICAS20081/2-09-08Iglenhaven AD / rev-ec.doc 5-3 ATTACHMENT I Honorable Mayor and Members of the City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Petition Requesting the Initiation of Proceedings to Consider the Formation of an Assessment District to Finance the Costs of Construction of Curb, Gutter and Sidewalk and Street Improvements for Properties Along Glenhaven Way, Elm Avenue, and Amy Street Mayor and Members of the City Council: We are the owners (the "Owners") of the properties located in the City of Chula Vista (the "City") which are identified adjacent to our signarures below and are also shown on the map attached to this Petition as Attachment A. hereto. The Owners respectfully petition the City Council of the City (the "City Council") to initiate proceedings pursuant to the Improvement Act of 1913 (Streets and Highways Code Section 5000 and following) to consider the formation of an assessment district for the purpose of financing the costs of construction of curb, gutter and sidewalk and street improvements along Glenhaven Way, Elm Avenue,i and Amy Street (the "Improvements"). The Improvements and the properties proposed to be included within the boundaries of assessment district are also shown on Attachment A. We understand that if an assessment district is formed as we have petitioned, the following costs will be assessed against those properties that will receive special benefit from the Improvements: 1. The costs to construct the Improvements; and 2. The costs of the acquisition of additional right-of-way, if any, necessary for the location of the Improvements; and . 3. Financing costs related to payment ofthe above costs over time We further understand that if the City Council elects to initiate the proceedings to consider the formation of an assessment district as we have petitioned: 1. The record owners of the properties proposed to be assessed will receive notice of a public hearing to be held by the City Council. At such public hearing any interested person may present written or oral testimony and the City Council will consider all objections or protests to the proposed assessment. 2. The record owners of the properties proposed to be assessed will also receive an assessment ballot by which such record owners may express their support for or opposition to the proposed assessment. 5-4 3. All assessment ballots received by the City prior to the conclusion of the public hearing will be tabulated follo\ving the conclusion of such public hearing. The City Council shajl have the authority to fonn the assessment district and levy the proposed assessments only if the assessment ballots submitted in favor of the levy of the proposed assessments exceed the assessment ballots submitted in opposition to such levy. In tabulating the assessment ballots, the assessment ballot for each parcel is weighted by the amount of the assessment proposed to be levied on such parceL In submitting this petition we are not waiving our right: (a) to testify orally or in writing at the public hearing described above, (b) to object to or protest the levy of the assessments if we do not agree with the amount of the assessment proposed to be levied on our property or (c) to submit an assessment ballot in opposition to the levy of the proposed assessment on our property if we do not agree with the amount of such proposed assessment. This petition is respectfully submitted by: 1 I Date Signed !fO \ '/0- / 1<3 I 1 I 1 I I I I I Name of Property Owner(s) (printed or typed) Signature of Property Owner(s) Street Address or Assessor's Parcel No. Delores Trust Lopez D 7 J--r109 Glenhaven Way ~L v'>afLel0-PN: 619-250-35-00 I I I' 110 Glenhaven Way APN: 619-250-40-00 I I '7---~'--~.J 115 Glenhaven Way ~ i APN: 619-250-34-00 off i ,~ 1'1 1116 Glenhaven Way . . i LJ, 'A)'N~19:250-41-00 <:.\ , Salvador Vivero I' I Ernest Ligutti : 10-13-0, I I . j ! Devera I/O ~)~Frmst ~---rc- I to-II- 03'1 ;\nthony & Nancy i I LIguttl I I I I ~_____.-l Family / 121 Glenhaven Way N: 619-250-33-00 Assessment District 2008-01 Page 2 of 6 Kev 08/09/08 5-5 "'For" or "Ae:ainst" District Formation FoY' <: file<. I Fot'? Date Signed Name o[Property Owner(s) (printed or typed) Torres Villalobos I 0 -I~j)~ Guadalupe & Manuel Siqueiros Signature of Property Owner(s) 11 5~ Wesley Lort I : - /J/(~J 2J/~AIJt Ji/1;t/dt I I Jweslev Lort J ID//I ;e;12V~ ~-\1 2i/~cI~AJ'N: 619-250-44-00 Wesley Lon Jl uJ 1136 Glenhaven Way ~() /J;}zi 2j~ ~ I . ~d~rN 619-250-44-00 139 Glenhaven Way :;;9J8 ~L~~o(1oRDNt~!~lu~~{:N: 619-250-30-00 Jorge & Cabadas Elias & Cabadas Tavita Mar Alvaro Corona , Lupi Family Revocable Trust i l/o./C-08 I Assessment District 2008-01 Page 3 of 6 Rev 08/09/08 Street Address or Assessor's Parcel No. 122 Glenhaven Way APN: 619-250-42-01 124 Glenhaven Way APN: 619-250-42-02 127 Glenhaven Way APN: 619-250-32-00 128 Glenhaven Way APN: 619-250-43-00 133 Glenhaven Way APN: 619-250-31-00 134 Glenhaven Way _\.;-.. l..J { \ - 140 Glenhaven Way .--" . "- '\' APN: 619-250-45-00 . ,::( r--xJ / v -=-,\-V",,-, 5-6 "For" or " A!!ainst" District Formation " t'j VI \' I'll! fD( ;<', VGft ~/II i , TO/? " FDf.. .~ +01\ ~R- Name of Property Date Signed Owner(s) (printed or typed) Jose & Araceli Melchor Signature of Property Owner(s) Street Address or Assessor's Parcel No. 145 Glenhaven Way APN: 619-250-29-00 1'1,)", ~d-& I..uz Brayb~ /t.-'/;()/Ofj(Ojj-~J15UC-" (~~.{' . Yhft. . I .'-"" / I I Leon Austin ~~t/l...j A. . ,hi;"1 151 G,lenhav_en Way ! ().. lOll] (/ I . Q /. APN. 619-2)0-28-00 ,. ,UO I /~l~~ "-,rr'j' 10 I~ Javier & Teresa d~ ;?/~J)52 Glenhaven Way //i'. Odanga / - ./ 7r APN: 619-250-47-00 OF /J/. ) Robert & I /Cf /11 vul Aspacio Jesus & / 0 ~/ / Castro /oy ! 7faria---' '"-"-- .,--_._~- .,/ , \\ ,. ~ OIi~1 .-4:, . ;-.-, t/~ & Manuel Barnet Roberto Barnet ~ I /O//I/j I . I r---- I ~". ,y. 'V Luis & Ofelia Cota /F 1 ,//': ~ ~.. fL?~(/C !6f~ Patrick Guadalupe Dawson & !jck~~~ ;. fj CUif"---".... Assessment District 2008..01 Page 4 of6 Rev 08/09/08 5-7 146 Glenhaven Way APN: 619-250-46-00 ) 157 Glenhaven Way h'APN: 619-250-27-00 163 Glenhaven Way I APN: 619-250-26-00 I 169 Glenhaven Way APN: 619-250-25-00 175 Glenhaven Way APN: 619-250-24-00 1255 Elm Avenue APN: 619-250-48-00 "For" or "A2ainst" District Formation ~ (Of ~ Jet:- POt RJFZ ~iE /'::-0 R toP- ~ Name of Property Street Address "'For" or Signature of " Against" Date Signed Owner(s) or (printed or typed) Property Owner(s) Assessor's Parcel No. District Formation Serrano Family /I?ccul ~ . ~'<G~ 1258 Elm Avenue !V -{I-DO Trust APN: 619-250-23-00 ~ - l. . /'" ' {-'"OP- e. Hoye Family';- 1259 Elm Avenue /1'/ /J/OY Revocable Trust Y hi APN: 619-250-49-00 ~? .&iJ~' f/;jl Pospichal Gale 150 Amy Street Trust APN: 619-231-23-00 ))0 ~ N~""jc Family t!jJl 154 Amy Street ''Trust APN: 619-231-22-00 I~~/I,[J . fb/J... Naranjo Family U//lf-;Jtr 158 Amy Street 0'0 Tmst APN: 619-231-21-00 for 10' /I . i \ '0' ' Carmen Gallardo \ 164 Amy Street 10/ D/ \ \ ! 0 Living Trust LJ~ ~ APN: 619-231-20-00 J . ( JaPd~ 06 Gallardo Family ;j 1170 Amy S<red I 11\ Tmst i. i~APN: 619-231-18-00 foY (D I }{r . -z;/c I I kfZ- . Rene Macias 166 Amy Street APN: 619-231-19-00 Alfredo Correa ~ Amy Street ~ ~ .' APN: 619-231:17-00 for Lt-' - . T .N/ /0 0"7 As:;essment District 2008-01 Page 5 of6 Rev 08/09/08 5-8 Name of Proper tv Street Address "For" or Signature of '" Against" Date Signed Owner(s) or (printed or typed) Property Owner(s) Assessor's Parcel No. District t:7 Formation p. y~ Alfredo Correa ~~)J<< ' 175 Amy Street ~.if7V~~~ APN: 619-231-17-00 r1:;~ '. \~ ~r ~ / ./ & 178 Amy Street . / Ctl"dalu~ Ruiz vW! 1V (1>. APN: 619-231-16-00 pIL- I Lit) /0'6 /EA.fLJ~ h~/;I jDf: Maria Vizcarra 1253 Second Avenue -1 APN: 619-250-03-00 (01 mA('to "T. pt'-' l' _vfoV V I Z- C: c;' ,'{C-/ ''\ l t U~{~ Co\weland Living ~ 1260 First Avenue Trust APN: 619-250-39 roe ~ Cci"Jleland Living 1270 First Avenue Trust APN: 619-250-36 Rfl- J:\Engineer\ASSESSM ENTS\A 0 2008-0 I \Petition.doc Assessment District 2008-01 Page 6 of6 Rev 08/09/08. 5-9 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITL". TE PROCEEDINGS TO CONSIDER THE FORiYlATION OF AN ASSESSiv1::ENT DISTRICT FOR GLENl1A VEN WAY FOR THE PlTRPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS WHEREAS, residential properties along Glenhaven Way, Elm Avenue and Amy Way west of First A venue are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 27 of the 37 residents of this neighborhood requesting the initiation of proceedings to consider the fonnation of an assessment district to finance the construction of these improvements; and WHEREAS, the boundaries of the proposed assessment district are Glenhaven Way from First Avenue to the west end of the street, continuing onto Elm Avenue and then Amy Street to its westem telminus; and WHEREAS, the project consists of the construction of curb, gutter, sidewalk and driveway aprons and the replacement of the pavement within the proposed assessment district boundaries; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: I. That it accepts a petition requesting the initiation of proceedings to consider the formation of an assessment district to finance the construction of curb, gutter, sidewalk and driveway aprons and to replace the pavement within the proposed assessment district boundaries. 2. That it declares its intention to initiate proceedings to consider the formation of an assessment district to finance the construction of curb, gutter, sidewalk and driveway aprons and to replace the pavement within the proposed assessment district boundaries. 3. That it refers the proposed construction of curb, gutter, sidewalk and driveway aprons and replacement of the pavement within the proposed assessment district boundaries to the City Engineer and directs the City Engineer to prepare or to cause to be prepared an Engineer's Report in conformance with Califomia Constitution Article XIII 0 S 4 and the 5-10 Municipal Improvement Act of 1913, California Streets and Highways Code section 10000 et seq. Presented by Approved as to form by ~G.~a.A~~1 BartC. Miesfeld Interim City Attorney Richard A. Hopkins Director of Engineering 5~11 CITY COUNCIL AGENDA STATEMENT ~!~ CI1YOF ~CHULA VISTA 12/09/08, Item~ SUBMITTED BY: REVIEWED BY: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE MAKING OF AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1 PURSUANT TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE AND DIRECTING ACTIONS WITH RESPECT THERETO B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PRELIMINARILY APPROVING AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1, ORDERING THE PUBLIC HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE MAKING OF AN AMENDED REASSESSMENT WITHIN REASSESSMENT DISTRICT NO. 2001-2 PURSUANT TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE ANTI DIRECTING ACTIONS WITH RESPECT THERETO D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A PRELIMINARILY APPROVING AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-2, ORDERING THE PUBLIC HEARING, AND DIRECTING ACTION~H AVECT THERETO DIRECTOR OF ENGINB1:l~~~ INTERIM CITY MAi"lAGER '\j 'S-;- 4/5THS VOTE: YES 0 NO LSJ ITEM TITLE: SUMlVIARY In the past, the City has formed assessment districts to provide funding for infrastructure under the Municipal Improvement Act of 1913. Section 8730 of this Act requires that when a parcel of land upon which there is an unpaid assessment splits, the original assessment must be segregated and apportioned. Apportionments are required in 1915 Act Assessment Districts for parcels that are reconfigured and/or subdivided in order to redistribute the assessment lien to the newly created parcels, pursuant to Part 10.5 of the Streets and Highways Code. 6-1 12/09/08,IteDl~ Page 2 of 4 The apportionment process records the lien on the newly created parcels and assigns specific benefit to each parcel based on the original Method of Spread, outlined in the Engineer's Report. If the property owner does not file an application, the City is required to complete the apportionment through the Public Hearing Method process. At this time, there are a number of outstanding apportionments, which requITe that the assessment liens be apportioned to the newly created parcels. A public hearing will take place on January 6,2009 at 4:00 p.m. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The City has formed assessment districts pursuant to the Municipal Improvement Act of 1913 (California Streets and Highways Code 10000, et seq.), the "Improvement Act", and levied assessments within these districts pursuant to the Improvement Act. For some assessment districts, the City has also issued bonds ("Limited Obligation Improvement Bonds") pursuant to the Improvement Bond Act of 1915 (California Streets and Highways Code 8500. et seq., the "Assessment District Bond Act," for the purpose of financing the acquisition or construction of public improvements to specially benefit and serve the properties within such assessment districts. The use of assessment districts has been used for financing infrastructure improvements, such as water, sewer and roads. The costs are placed directly on the benefited property owners. Upon the issuance of bonds to finance the improvements, the district has the authority to assess all property owners included in the district in order to repay the borrowed funds. The special assessment is levied on all properties in the district in proportion to their share of benefit from the improvements funded by the district. There are a number of outstanding apportionments, which require that the assessment liens be apportioned to the newly created parcels. The City's special districts consultant, NBS, has pursued apportionments pursuant to Division 10, Part 10.5 of the Streets and Highways Code. This method is known as the "Application Method". NBS has sent letters to notify the affected property owners via certified mail that an apportionment is required, and has asked them to fill out an apportionment application so that the correct apportionments can be made. However, not all property owners contacted have completed the apportionment application mailed to them. When a property owner has been sent an application for apportionment but fails to respond 6-2 12/09/08, Item~ Page 3 of 3 within 30 days, the recommended next step is to apportion the assessment pursuant to Division 10, Part 10 of the Streets and Highways Code. This method is known as the "Hearing Method". Under this method, the legislative body (Council) orders the completion of the apportionment. This ensures that the assessment lien will be appropriately spread to the new parcels. At this time, the City's special tax consultant, NBS has identified several parcels, which require an apportionment. Table 1 shows the old parcel numbers and the subsequent newly created parcels. Table 1: List of Old Parcel Numbers and the Subsequent New Parcels Old APNs 643-040- I 6-00 643-520-37-00 643-512-33-00 643-512-34-00 . 644-040-64-00 644-040- 77 -00 644-040- 78-00 Newly Created APNs 643-040-17-00 643-040-18-00 643-040-19-00 643-520-57-00 643-520-58-00 643-512-73-00 643-5 I 2-74-00 644-040-81-00 644-040-82-00 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. FISCAL IMPACT The Engineering Department will cover the costs of the apportionments up front which total $5,160 from account number DE 1672. The funds will be recovered from the property owners of the newly created parcels by adding the fees for the apportionment to the upcoming levy. There is no impact to the General Fund. ATTACHMENTS 1. Reassessment Apportionment Report Reassessment District No. 2001-1 Amending Reassessment No. 1658-1 2. Reassessment Apportionment Report Reassessment District No. 2001-1 Amending Reassessment No. 1658-743 3. Reassessment Apportionment Report Reassessment District No. 2001-1 Amending Reassessment No. 1658-411 and 1658-412 4. Reassessment Apportionment Report Reassessment District No. 2001-2 Amending Reassessment No. 12649-02 Prepared by: Amy Partosan, Administrative Analyst II, Engineering Dept. M: IEngineerlAGENDA ICAS2008112-09-08\Reapportionment Agenda JDSM Redline (clean cc)_12-09-08.doc 6-3 ~ DRAFT CITY OF CHULA VISTA REASSESSMENT APPORTIONMENT REPORT "REASSESSMENT DISTRICT NO. 2001-1" Amending Reassessment No.. 1658-1 Prepared for: City of Chufa Vista October 2008 ,/ 6-4 ATTACHMENT 1 TABLE OF CONTENTS SECT/ON APPORTIONMENT OF REASSESSMENTS................................................................................................1 PRIOR ASSESSOR'S PARCEL MAPS .......................................................................................................2 CURRENT ASSESSOR'S PARCEL MAPS ........................................................................,........................3 AMENDED REASSESSMENT DIA GRAM ...................................................................................................4 RESOLUTION ORDERING AMENDED REASSESSMENTS......................................................................5 RESOLUTION OF PRELIMINARY APPROVAL.............,............................................................................ 6 NOTICE OF HEARING ON AMENDED REASSESSMENTS ......................................................................7 NOTICE TO PROPERTY OWNERS ............................................................................................................. 8 RESOLUTION CONFIRMING AMENDED REASSESSMENTS ..................................................................9 NOTICE OF AMENDED REASSESSMENTS ............................................................................................ 10 6-5 APPORTIONMENT OF REASSESSMENTS SECTION 1 6-6 m I -.! EXHIBIT "A" CITY OF CHULA VISTA REASESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NO. 1658-1 Old Reassessment Original New R~asse5sment Original Lien I Fee. II APN Number Acreage Reassessment APN Number' Acreage (1) Reassessment Apportionment 643-040-16-00 1658-1 31.80 $140,284.90 643-040-17-00 1658A 10.94 $50,285.61 ~430.00 643-040-18-00 1658B 8.69 39,943.51 $430.00 643-040-19-00 1658C 10.89 50,055.78 $430.00 TOTAL 31.80 $140,284.90 . 30.52 $140,284.90 $1,290,00 (1) Acreage off due to APN map variance. Owner of Record: Eastlake Company LLC Page 1 of 1 PRIOR ASSESSOR'S PARCEL MAPS SECTION 2 6-8 -~ 01 643-04 .....-""\\ Z r=BOO' ~ 1. 17' PUBUC ACCESS ~ ED (>0) (II (RIE.) (RIW) 5"80 fAfe) (OJ (II 17J (12) NO'20'JO"E 5357.08 (ROS 173eO) 52.80 (.ue) "'- ~~ '. ~ " ~- 1/1 ~l. ~ ~ ~E @ 194.09AC LOWER OTAY RESERVOIR (iJ',60-229-03 235.BIAC -08 ~'d- ~~ ~~ ~ 10 ~ U ST :" ~ " ~ '" ~ SHT II en I CD A.. N/<.D"02'1oO.l l4& B. N jj!'.3~''l5B'W II".I~ C. N 130"03' if. ~o O. N.C.?f'l!I3'E I~ @ @) "/23/2003 mD lltrAlJ."A"iiiIScAJ~ 8 n,li" ...il'U- " ~ \311'Hoo lQaD , --,---~ \;"~ill"na n &) -K-- -wm 18"." IU\li!'GS Iio oj 29 SI,.5Z Iii ~t'04:i5:;4 ~ ~ ~~g~~cV:il'lt.W't 900K 6iJf'AGE: 04 n'.!lI,WlW.l,llP~A""'ITI"'SSESs.tENT~f..ilOUr.Yc' NtHIJI81lfTYJS .' 'UFOIl,l 'MCUM OflllE:1I,HilSIIOWlI,M50.00il1iPAACEU '( 1 COW V' \mll 0CAl suaDilllSlQN OR IlU11..DWG ORt>lWJJCES- MAP 989- RANCHO JANAL LOwER OTAY RESERVOIR ROS 8723,15180,17379,17380 CURRENT ASSESSOR'S PARCEL MAPS SECTION 3 6-10 o o " o " z ~ ss. w o o o 0' ~ .0 \? ~ ~ !i b ~ b ~ o 01 643-04 -----""\ Z l~=BOO' eJ ~ E9 l3i1) rl) (.1<) (RIW) $;n~() (!tee) 6) (11 (,\ (Ii') NO':/~Ei'JS1.(laIROSI];;B(jl S280(>f'I!C) ~ ~~ M' " " V1~ ~ . ,t,t. @ 194,P9AC LOWER DrAV ~;;- ~, f!J.~ Q \IV A. N600"U2'W l4& S. N 2".a~'~.e.'w J 1.,13 C. N l3"D3'E 90 D. N.'.Y3?o',., liD ~ T "' ~ ~ ~ " l'~~ .~ fi 'rJ -fi -ii ~ ~ )7' CORa ~ ~.JGD " ~ J5' <: CD i!l. n o 3 @ 1.I7'fl\JatJC~~ 81.KOLONEW R CUT o In 3/ If} l 1k (J -7 'il tHI rfJ',ji:j IHD-8~ T.I 1Ik,::i JIll i7g-li ~ SHT 7 @ I~" I U~l:'f>CS!>J II ~lU2 IG 0';'" .a-Q-l5.$:5-6 16 11-18 01 12811 UIH .II1/"l " ,01. ~ ~ ~~~[~~.q5C~JTY. 1l00KliiJPAG€04 bET AIL 's' ~o SCALE lHIS MAP WAS PREPARED FOR ASSESSMENT PURPOSESONLV; NO llABJU'l'Y IS ASSUMED fOR THE ACCURACY dF THE DATA SHOWN. ASSE$SOR'S PARCelS MAY NOT COMPLY WITH'LOCAl U8DIVlSJON ORSUILDING ORDINANCES MAP 989- RANCHO JANAL LOWER OTAY RESERVOIR ROS 8723,15180,17379,17380 iI ~ " AMENDED REASSESSMENT DIAGRAM SECTION 4 6-12 -=N~ PllEVlOUBJ.Pll W_BjD_U.(>IJ PREVIOUS REASSESSMENT RI!A5~E5S"'INT NO. 1~..1 en I NEW REASSESSMENT ~ NOW,..." l-4J_lUo_l1.(>IJ I.u_o~o_n_". ... -MO _1...~ w NlslS ~".oJ G...nvn,.'SoluUon. REASSESSUEllTIIO ,= "~B "nil ~ l:l60~ romowl. pa,kwoy,814l<o loa Tom.""I..(;ABl~el (~} ."Il./"'lSj~ 1~11l51.;/ljti.l!l!l~ .--".' AMENDED REASSESSMENT DIAGRAM REASSESSMENT DISTRICT NO. 2001-1 CITY OF CHULA VISTA COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDING REASSESSMENT NO. 1658-1 GD Wl.lgtnl,:;I\l,1AO, C~,) GD \ SHEET 1 OF 1 fLEDI~THE{)fflCEOfTHECITYCl.ERKOfTH~CHYCHUlAmTAltils lIAYOF ~~. ClTYCtERK CIlYOfCfILll.AIIlSTACOUmYOf5.'JiDl~GO.l:AlJFORIlI'" FK.EnINTllEOFF(CEOI'lHfSU~811~,l'fjllENTOFamEEnThlS OF ,roo~ '" SUPERINlENllEHTOfSlREET5 CITYOfClllJlA\iIST....cOUI\IYOTamDIEGO.CAilfOHNIA mISI\MIONOenREASSESShWlTOIJl,(;llAM/lMENDSTHERf.M~E6SMI:NT OIAGRAMOfkE"s~CSSr.tEflrI)IST1OOI NO.1OOj.l.C1TYOFCHll.AVlsrA. CrnHtTYOfaAHOiEGO.STATEllFCAIJi'llllNtA.WHICHWASPRIOFilll'CORDfll THEUNOO,I,YOfIJJGUST,2{I(l1,lHBOOKJ5ATPAGEM.I.IOCllt.u:Nflll) 21lll1-0>9"llBOOFlMPSOFASSESBMrnTANDOOMf.!UNilVFAClllTlESOISTRlCTB INnifQfFICEOFTHECOUNrtRECOFW~R,C(MjlYOi'SNlDIrr.IJ,5TAThOF CAUFORN~ ClTYCLEkK CIl"l'DfCIlULAVlS-ro\..CWlflYOFtiANUIEGO,CP.LlfO/lJIO\. HLW'fHill-..--PA'IOF 2CJ/L,ATTHEHOOR OF _D'aOCK->M.,IN Bool<----, AT I'ACe-, OQCUlJl::IIIIINSlI<<.JMfIff 1-10 Qf~UOKOFMAPSOFASSESs.MENfmDcoMMIINITY FACIUTIESDISTRlCTSINTHI;OFF\CEOfruEcDUNll'RECORDERCFTfIE COlJIITYQF5AfI01EGO.STAIEOFCAlJI-ORNIA. OfPUTY C:OIJNlYI\I'COfIDffi COUIITYOi'SA/-lIlIEGO FORPAFITICUl.AASOFTrlElil-lES#IOIlItAE'NSIOHSOt'AEiSHHMPAACfLS. ItEfE!W'ICEISw.oElOTKEtJAPSOFnJEASSESSORORJllECOUNIYOfSNl OWU LEGEND AMENDED fl.EASSESSMEI/T BOUNDARY NEWPARl;ELlINES Cl~'l:: 0;;0 PREVIOUS REASSESSMENT NUMBER NEW REA8IlESSldENT NUMBl:R SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENTS 6-14 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE MAKING OF Ai'vfENDED REASSESSlYfENTS WITHIN REASSESSMENT DISTRlCT NO. 2001-1 PURSUANT TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE AND DIRECTING ACTIONS WIlli RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, pursuant to the Improvement Bond Act of 1915 and Resolution No. 2001- 211, entitled "Resolution of the City Council of the City of Chula Vista Approving the Report of the Assessment Engineer and Confirming Reassessments within Reassessment District 2001-1", adopted by this Council on the 10th day of July, 2001, special reassessments were confirmed to pay the costs of the acquisitions and improvements as more particularly described in said Resolution. Said Reassessments are set forth on a Reassessment Diagram and Reassessment Roll, heretofore confmned by this Council and filed and recorded with the City Clerk of the City of Chula Vista, County of San Diego; and WHEREAS, certain parcels ofland designated as Reassessment Numbers 1658-1, 1658c 743, 1658-411 and 1658-412, upon which there are unpaid Reassessments where bonds have been issued under the Improvement Bond Act of 1915, commencing with Section 8500 of the Street and Highways Code of California, have been divided so that they no longer conform to the original parcel boundaries as shown on said Reassessment Diagram; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as the legislative body of Reassessment District No. 2001-1, as follows: The Superintendent of Streets of the City of Chula Vista shall cause to be filed with the City Clerk the Reassessment Apportionment Reports, an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658- 412, which were previously recorded on the _ day of , _ in Book _, Page _, Document No. , segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefits to the several parts of the original parcels. Presented by Approved as to form by Bart C. Miesfeld Interim City Attorney Amy Partosan Administrative Analyst II 6-15 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of November 2008 by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of November 2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 6-16 SECTION 6 RESOLUTION OF PRELIMINARY APPROVAL 6-17 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PRELIMINARILY APPROVING NvIENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1, ORDERING THE PUBLIC HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, this Council heretofore adopted Resolution No. _:_, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658- 412, which were previously recorded on the _ day of , _ in Book _, Page_, Document No. , segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcels. WHEREAS, said Reports, have been made and filed and duly considered by this Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as the legislative body of Reassessment District No. 2001-1, as follows: 1. Said Reports as a whole and each part thereof, to wit: (a) the Amended Reassessment Diagram showing the Amended Reassessments and dimensions of the respective amended subdivisions ofland with respect to said Amended Reassessments; (b) the apportionment of the total amount of the costs and expenses of the proposed Amended Reassessments upon the several amended subdivisions of land in proportion to the estimated benefits to be received by said amended subdivisions, respectively, and of the expenses incidental thereto; are sufficient and are preliminarily approved. 2. Said' Reports shall stand as the Report for the. purpose of all subsequent proceedings herein. 6-18 3. December 16,2008, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, is hereby appointed and fixed as the time and place when and where this Council will hear any objections or protests to said Amended Reassessments for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the _ day of , _ in Book _' Page _, Document No. _- , and will consider and fmally determine whether the public interest, convenience and necessity require said Amended Reassessments, and when and where it will consider and finally act upon said Reports. 4. The City Clerk of the City of Chula Vista shall cause notice of said hearing to be given by publication once a week for two (2) weeks in a local newspaper published and circulated in the City of Chula Vista. The first publication of said notice shall be completed at least fifteen (15) days before the date 'herein set for said hearing. Said notice shall be headed "Notice of Hearing on Amended Reassessments" and shall state: the filing of said Reports; the date, time and place set for and purpose of the hearing on said Reports and of protests; a brief description of the proposed Amended Reassessments; that any person interested in the original Reassessments or in the lands affected thereby or in the bonds secured thereby may appear and protest as provided in Part 10 of Division 10 of the Streets and Highways Code of California; and that reference is made to said Reports for further particulars. Presented by Approved as to form by Amy Partosan Administrative Analyst II Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of November 2008 by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: 6-19 Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORl'lIA ) COUNTY OF SAi'l DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day ofNovember2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 6-20 SECTION 7 NOTICE OF HEARING ON AMENDED REASSESSMENTS 6-21 NOTICE OF HEARING ON AMENDED REASSESSMENTS CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT DISTRICT NO. 2001-2 NOTICE IS HEREBY GIVEN that pursuant to the order of the City Council (the "Council") of the City of Chula Vista, the Superintendent of Streets has caused to be filed Reassessment Apportionment Reports including an Amended Reassessment Diagram with the parcels shown as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, within Reassessment District No. 2001-1 and Reassessment Number 12649-02 within Reassessment District No. 2001-2. The Reassessment Apportionment Reports have been' preliminarily approved by this Board pursuant to Resolution No. adopted on November 18, 2008, to all of which reference is hereby made for further particulars. NOTICE IS FURTHER GIVEN that on December 16,2008, at the hour of 6 o'clock p.m. at the regular meeting place of the City Council of the City ofChula Vista, a hearing will be held concerning said Amended Reassessments, at which time all persons interested in said original Reassessments, or in the lands affected thereby, or in the bonds secured thereby, may appear and protest against the same as provided in Part 10 of Division 10 of the Streets and Highways Code of California. Contact hearing. at the City of Chula Vista at ~ regarding this ' Dated: ,2008 City Clerk City of Chula Vista County of San Diego State of California PUBLISH DATES: 6-22 NOTICE TO PROPERTY OWNERS SECTION 8 6-23 NIB)S Local Government Solutions CERTIFIED MAIL August 29, 2007 Eastlake Company LLC 13500 Evening Creek Dr. N. Ste. 400 San Diego, California 92128 RE: CITYOFCHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT APPORTIONMENT REQUIREMENTS FOR APN(s): 643-040-16-00 Dear Sir/Madam: The above. referenced parcel(s) Iie(s) within the boundaries of City of Chula Vista Reassessment District referenced above. Whenever a property subdivides in a 1915 Act Assessment District the assessment lien needs to be subdivided to each of the newiy created parcels, through what's called an "Apportionment Process," The apportionm"ent process consists of filing an Amended Reassessment Diagram, a Notice of Amended Reassessment, and reconfiguring the original lien amounts to the newly created parcels based upon benefit received. Our files indicate that the above referenced parcel(s) have not undergone the apportionment process, and the purpose of this letter is to notify you that this process will need to be completed, At this point you have two options to proceed: 1) Payoff the Reassessment lien an your property in full, A payoff quote has been attached far your convenience or 2) Have the Assessment apportioned to each of the newly created parcels by filling aut the enclosed Assessment Apportionment Application and paying the $990.00 fee to City of Chuia Vista by September 28, 2007. If you choose to do nothing City of Chuia Vista will apportion the Assessment lien an your property an your behalf through the Public Hearing Method, and this will result in additional costs up to $2,020.00 that would be applied to the next County Tax Bill of the newly created parcels. The Public Hearing Method requires three (3) Resolutions to be approved by the City Council and a Notice to be published and posted by the City Cleric The costs related to these administrative procedures are added to the firot year's levy and paid by the property owner of the newly created parcel(s). Filling out the application and paying the fee listed under Option 2 bypasses the Public Hearing Method and saves you and the District the cost of these additional administrative procedures. '. NOTICE IS HEREBY GIVEN that a payment in the amount of $990.00 must be made payable to City of Chula Vista, by September 28, 2007 in order to file the apportionment requirement. If the payment is not received on time, City of Chula Vista will be required to prepare the Amended Reassessment via the Public Hearing Method and levy all applicable co51s to each of the newly created parcels from the subdivision. , If you have any questions pertaining to this process please feei free to contact me at (800) 676-7516. Respectfully, tl~~f!FA~-. Resource A~~ratiVe Assistant Enclosure Cc: Amy Partosan, City of Chula Vista 32605 Highway 79 South, Suite 100 I Temecula, CA 9259fil-~:151.296.1997 I Toll~lree: 800.676.7516 I Fax: 951.296.1998 SECTION 9 RESOLUTION CONFIRMING AMENDED REASSESSMENTS 6-25 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRc\1ING AMENDED REASSESSMENTS WITHIN REASSESS1tffiNT DISTRICT NO. 2001-1 AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chu1a Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, this Council adopted Resolution No. _-_, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare' and file with the City Clerk the Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the _ day of , _ in Book _, Page _, Document No. , segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcels; and WHEREAS, said Reports were duly made and filed, and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said Reports should stand as the Report for all subsequent proceedings under and pursuant to the aforesaid Resolution No. ; and WHEREAS, December 16,2008, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, was appointed as the time and place for hearing protests in relation to the Amended Reassessment Diagram and Amended Reassessment Roll of the parcels of land designated as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the _ day of , _ in Book _, Page _, Document No. , segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits of the several parts of the original parcels, plus costs and fees of making such apportionments, notices of which hearing were duly and regularly published; arid WHEREAS, said hearing was duly and regularly held, and all persons interested in the original Reassessments, or in the lands affected thereby or in the bonds secured thereby desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said Amended Reassessments were fully heard and considered by this Council, and all protests, both written and oral, were duly heard and considered; 6-26 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as the legislative body of Reassessment District No. 2001-1, as follows: I. All written and oral protests are hereby overruled, and this Council has thereby acquired jurisdiction to order said Amended Reassessments and re-confirms said Amended Reassessment Diagram and Amended Reassessment Roll, referenced herein, and the costs and expenses thereof. 2. Said Amended Reassessment Diagram and said Amended Reassessment Roll, referenced herein, filed with the City Clerk pursuant to "Resolution of the City Council of the City of Chula Vista Ordering the Making. of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto" is hereby, ratified, approved, and re-confmned. . 3. The City Clerk of the City ofChula Vista shall forthwith: a) cause an Amended Notice of Reassessment, amending the Notice of Reassessment which was previously recorded on the _ day of _' _, Document Number _- for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Notice of Reassessment to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California; b) cause an Amended Reassessment Diagram, amending the Reassessment Diagram which was previously recorded on the _ day of _, _ in Book _, Page _, Document No. _- for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Reassessment Diagram to be in substantially the same form as provided in Section 31 14 of the Streets and Highways Code of Cali fomi a; c) deliver the Amended Reassessment Roll to the Superintendent of Streets, together with the Amended Reassessment Diagram, as approved and re- confmned by this Council, with a certificate of such confirmation and the date thereof, executed by the City Clerk of the City of Chula Vista thereon. The Superintendent of Streets will record the Amended Reassessment Diagram and Amended Reassessment Roll in his office in a suitable book to be kept for that purpose, and appended thereto his certificate of the date of such recording, and such recordation shall be and constitute the Amended Reassessment Roll herein. 6-27 Presented by Approved as to form by Amy Partosan Administrative Analyst II Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of December 2008, by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of December 2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 6-28 SECTION 10 NOTICE OF AMENDED REASSESSMENTS 6-29 RecordinQ requested bv: City of Chula Vista c/o NIBIS 32605 Temecula Parkway, Ste, 100 Temecula, CA 92592 After recordation. return fa: City of Chula Vista cia NIBIS 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 NOTICE OF AMENDED REASSESSMENT REASSESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NO. 1658-1 Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Chula Vista, County of San Diego, State of California, hereby gives notice that an Amended Reassessment Diagram and Reassessment Roll were recorded in the office of the Superintendent of Streets of the City, as provided for in said Section, and relating to the real property more particularly described on the Amended Reassessment Diagram filed in accordance with said Section on the day of , 200_ in Book , Page(s) , Document No. Book of Maps of Assessment and Community Facilities Districts of the San Diego County Recorder. Said Amended Reassessment Diagram amends "Reassessment District No. 2001-1 Reassessment Diagram" filed on the 22". day of August, 2001 in the offlce of said County Recorder in Book 35, at Page 36, Document No. 2001-0599190 of Maps of Assessment and Community Facilities Districts, Notice is further given that upon the recording of this Notice in the offlce of said County Recorder, the several assessments assessed on the lots, pieces and parcels as shown on said filed Amended Reassessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the Amended Reassessment Diagram and Assessment Roll recorded in the office of said Superintendent of Streets of the City for the amount of each of the amended assessments. , \ Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. City Clerk, City of Chula Vista, San Diego County Date 6-30 EXHIBIT"A" CITY OF CHULA VISTA REASESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NO. 1658-1 I Old I Rea~~~~;ent II New 1 Reassessment I APN APN Number 643-040-16-00 1658-1 643-040-17 -00 1658A 643-040-18-00 16588 643-040-1 9-00 1658C / Owner of Record: Eastlake Company LLC Page 1 of 1 6-31 !;':!"t.~. L ti!~ CITY OF CHULA VISTA r.~ r, REASSESSMENT APPORTIONMENT REPORT "REASSESSMENT DISTRICT NO. 2001-1" Amending Reassessment No. 1658-743 Prepared for: City of Chula Vista October 2008 6-32 ATTACHMENT 2 TABLE OF CONTENTS SECTION APPORTIONMENT OF REASSESSMENTS................................................................................................1 PRIOR ASSESSOR'S PARCEL MAPS .......................................................................................................2 CURRENT ASSESSOR'S PARCEL MAPS ................................................................................................:3 AMENDED REASSESSMENT DIAGRAM ...................................................................................................4 RESOLUTION ORDERING AMENDED REASSESSMENTS......................................................................5 RESOLUTION OF PRELIMINARY APPROVAL..........................................................................................6 NOTICE OF HEARING ON AMENDED REASSESSMENTS ...................................................................... 7 NOTICE TO PROPERTY OWNERS ....................................,........................................................................8 RESOLUTION CONFIRMING AMENDED REASSESSMENTS .................................................................. 9 NOTICE OF AMENDED REASSESSMENTS ............................................................................................10 6-33 APPORTIONMENT OF REASSESSMENTS SECTION 1 6-34 EXHIBIT "A" CITY OF CHULA VISTA REASESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NO. 1658-743 Old Reassessment Original New Reassessment Original Lien APN Number Acreaae Reassessment APN Number Acreaae (1) Reassessment ~ppartlanment Fee 643-520-37-00 1658-743 12.40 $54.702.23 643-520.57-00 1658.743A 4.90 $21,721.31 $645.00 643-520-58-00 1658-7438 7.44 32,980.92 645.00 TOTAL 12.40 $54,702.23 TOTAL 12.34 $54,702.23 $1,290.00 (1) Acreage off due to APN map variance Owner of Record: Eastlake Company LLC m I w tJ1 -.---.-. Page 1 of 1 PRIOR ASSESSOR'S PARCEL MAPS SECTION 2 6-36 II 01 I i I ~ 5 I C( ,((' @ L~ ! "'%~ y.~\~~l. n :~ --?1'~ . .,~. ,..l'IlliJ: 1& . 5HT 5 q. . ",' ". "'" Lo y1b " ',.. 11 :; ~ (l';- I C1'<"<,,k' ~ . n 1'0 .' ~ \2!7 ~ 5HT 6 Ii! @ SHT 8 >- <( 3' '" w w 5 w g i~l Cl n: [5 5 @ SHT S j I ~ uJ o z )t3l ot. YMPIC VISTA RD tl,\'~J. .~ I: ; 4Z~ 20. ;~ ~ en I w ....., . ,. <4" ;: ,>- ,Vl &W .n: o I l!I ~ ~ ~ ~ 0 ~ ~ I 9 i SHT 7 ~ ~ ~ ~ ~ ~ t; ~ ~ 0 ~ 0 ~ n ~ 3 ~ @ PAR') @ 12,ro AC MAP 14486 - CHULA PM 19091 ROS 17379 VISTA TCT NO 01-09 EASTLAKE III VISTAS PHASE 2 9. CONDO SUI.lMrn I1ILL PHASE.oI- DOC 03-82901'16 (SE.E SHT 2) 10. CONDO SUI.lMER HIlL PHASE 5 pOC OJ-!l290611 {SI::E: SHT t) 1\. CONOO SUtJl.lER Hill I-'IIASE 1'1 DOC OJ-tl2901l0 (SEE SHT 2) 12" CDNOQ SUM!J.ER HIll. PHASE 7 DOC 03-629092 (SEE SHT 2) 13" Cot/DO SUYIdER HIll P1-IASE 8 DOC 03-82909.01- (SEE SIT 2) 14" emmo SOHOHA RIDGE PUASE 1 DOC 03-1:10';151 (SEE Stir J) 15" CONDO SO/lORA RIDet PHASE :.I. !Joes 03-962905 /I( 03-476072 (SEE SHT 3) 11'1. emma SONORA RIDGE PHASE J DOCOJ-ll05895 (SEE SliT 3) 17. CONDO SONORA RlOc:e: PHASE .oj. QOCOJ-110S1112 18. cmlDO SONORA RIOGE PHASE 5 OOCQJ-1105510 (SEE SIlT J) 19. CDNDO SONORA RIDGE PtlASE 6 OOCOJ-1J50852. (SITSiH J) 20~ CONDO SONORA RlQC,E P'JASf 7 OOCQt-1B9521 (SEE SIlT 4) 21. CONDO SONORA RIDGE PHASE 9 OOC04-4Q011B (SEE SliT i-) 22. CONDO (PEND I SONORA ftlDGr PHASE B oaCOt-490115 WI [)lEGO CUJjlY A$(SSOO'~ IHP ~ 643-52 SHT 1 OF 4 1" ~ 200' - 11/:1/04 .JGRO tr-",'Il'Mll' .,:/Kf.f, '$IJ.;~ C HA Nl :S .. -~ ~~ ow, '" ,'/fflU<Q " n l~ Iffl/!l> DO",",II W ..;;- . :::~ ,. ilJr:.J~ -;;w " >> '~/Jj " 'lHTr~ If,+ Ill" ~ " .- -- ~- .~ -~ 11~ 14 II iI UMAl . '" lJJlrl ..- . ". iu>> !OIWlll\li>l '" lJiI.ll jj.ol wll<l. III ,. .u n._ . '" 1filll "' . '" ... "' . '" !l~JJ ~.tlJ{l:,l'Cl5 '" 1+ PUOUC ACCESS EASEMENT 2. FOXTAIL PINE DR (PRIVATE sT) J. SET PM 19091 FOR 8RG ok DIST 4. SEE MAP 1<<00 fOR 8RG &: DIST 5. SfE CONDO PU.N FOR ilRG &: DISI 6. COt/CO SUMI.lER Hill PHASE 1 DOC 0]-sOOD9 (SEE 5HT 2.) 1. CONDO SUi-mER HiLL PHASE 2 DOG O]-6Jfl264 (SEESHT2) t:I. CONDO SUMMER Hill PHASE J DOG 03-8:290114 (SEE Sfn 2) VR-9 AND VR-11 ..J CURRENT ASSESSOR'S PARCEL MAPS SECTION 3 6-38 ~ 01 . ~ ~ !Ii! 0<( C ~ >: '" . " '" . t;-l t;-l I 9: ~( 0, ~ 5@ i 6 "'+ ::;f; , S~ L ~ ~ SHT 5 ~ 1\ f( <1..4 \---1 ;tL-.-J" L ~ S~ ~1c )"-'-~~ ..: OL~MPIC ~STA ~~.y ."'" ". ",. ~ ( 1h' ,':,. 11 @ 13 14 ~ OJ' 10' ". I J- C ,. 1'('<') 1- ! ~ 1'6 i" g SliT e II " I " o o J z ~ " ~ ~ D ~. P " ,. ,. ~ ; ~ ", " ? ~ o " o ~. I~ ~ <l!! o , ~ o ~ ~ ,. " . !iI'CONDD SUMMER HIli. PHASE i- DOC 03-819056 (SfE SHT 2) 10.- CONOO SLJMhlER HILL PHASE.5 89C 03-11.290e~ 111 ~~~O;;iT 2) . SUMMER. HILl.. PHASE Il DOC 03-1129090 (SfE SHT 2) 12. CONDO SUMMER HILL PHASE 7 DOC 03-829D!l2 (SEE SIH 2) 13. CONDO SUMMER HILL PHASE H DOC OJ~1l290g4 {SEES/-/T2} 140 COtiOO SONDRA AIDOE PHASE \ DOC 03-~20SS1 (SEESHr:s) Hi' (;{,)NPo SONORoII,RltJG1:: PHA'i(2 <P -- DOCS OJ~.!.l$."190G J: ...,---. o.).,.ntiO:n. --. r (SEE SliT ,) I:!!. , 16' CO!-/I)O . ~1 ' . SONORA' RIDot:'PHASE;) _ OOCOJ7-"110SB.a5 (SEES!lTJ) 17' COHoa SOIioR,I,/tIOCE fliA$E. \ DOCO~110:>512 la' CONoO SONOR...:RIClGE PH...SE 5 Oi;lCOJ'-,\jOSS10 (set SHy,.:s) 194COHOO SDtWf{A I'llnGlC PH"S': Ii OOCOJ-1350!l62 (SEF.:sHTJ) 2.0" CONDO SotWI~A RIDGE PHASE 7 (D9C04-189521 Sft SHT..) 214 CONDO SONORA RIDGE PllAS[ g QOC04-4901..18 (SITS/IT 4) n"CONOO SONORA RIDGE PHASE 8 (DOc04-490115 SEE 5HT 4) >- << ;" GS 1'2 " j~l~__~ w "'-.....J ~ b " . g i :; ~ ~ ~ ~ Ii I.~ ,. . @ SHT 7 MAP 14486 - CHULA PM 19091 ROS 17379 . VISTA TeT NO 01-09 EASTLAKE @ SHT 8 SmDlEroCOONTY~'SIUI' ~ 643- 52 SHT 1 OF 4 r = 200' "11/H/2005 Au.. ffiYi'" ,-"',~ ~~ i'il':>INW !<if',y/i . " ~ ~!'MJ'" " " ~ ~1>I.i~ ;il'NfJ.'/I . "" . Il /!/i"~.:.tl . l.U lli~ J #~~11." t~,ih'l'(; I . "" . rfj,;/;,I " g. " '!:2~ " -m JhHJ ,= ". -., '-.jj............ -': ~~ ,~ J'A.IJ IU'D\I . .. ).'''';0 j ~ tl)DJ . .. 11"'11 )f4:i':$2"_ .. IJ'" ~I~.c ~I~ Iii X .""" " .. "'1..11 ~f..m~ " ~ ... ~j~ r,N.; orw J'.i.lJ ~H w<< . .. n.JJ .""" . rn >> SH!>l . ". 00 '" '" ~ U " (J '" :E c '" "' ,. " o 3 1" PUBUe ACCESS EASEMENT 2. FOKrAIl. P~E DR (PRI....A1<::ST) J. ~~ ~l.1 D~~~91 fOR 4" ~~~ tA~I~r!l6 fOR 5", ~~~ ~~~T PLAN FOO 6" CONDO SUMME'R Hill PH,4,SE 1 QOC OJ-600239 (SEE SHT 2) 7iCONOO SIJWAER Hill Pfl,l.,SE 2- DOC OJ-BJ826+ (SEE SHT 2) II. CDI--lDO SUMMER HILL f'HAS( J DOC OJ-1I2El08~ III (SEE SHT 2) VISTAS PHASE 2 VR-9 AND VR-11 ..J -..-,.-,.-- -_.._----~- AMENDED REASSESSMENT DIAGRAM SECTION 4 6-40 AMENDED REASSESSMENT DIAGRAM REASSESSMENT DISTRICT NO. 2001-1 t z ~ CITY OF CHULA V)ST A COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDING REASSESSMENT NO. 1650-743 PREVlOUSREA5SESSMENT fRE\IlQlI,M" il4l:.m.ll.K ~~A56~5SIAEHTHO 11H.14j m I .p. ~ NEW REASSESSMENT "liAti5~UMeNT"O. "~WN'H f>l.J_Ull.,/.M/ i'l_l.o_n.u '1~.1ll.\- 10'..7"" Ci>~I~"-'I0 <I~'lLl~ '. .~~ ~ ~, .....~ O{" '~'.'lt<,. ~ ~ ~--- (1~€.: \ ~ ~- NlslS J2CQ~T.m.cul. P.,~",.t.5"It.l"D ro,,,ocuto, (;,1. ~l,91 (f)la"_.l~.ntd jFl!Ul.lgIi.19~9 LcuIG...,,,m."l5.1"1I0'" SHEET 1 OF 1 FII.fPI~mE'.OFfIGEOflljECl1)'ClERKOfTllEGtrYCI1Ul.AVISTAII115 ~OAYOF ,2(l'J_" CllyumK CIIYOFClflJl.AVIS1A,COUt/TYOFSAlIOIEOO.CN-IFORNl.'. FlLmlfllIII';OFfICEUflltESUPtttlNlE~OWr()FS1f(".HS1HjS IMY Of ,200-, - BUPERJllTENtlf.NTOfSTREETS CIIl'{lfCtjIJl.AVISTA,cOlJNrV(lFSMDIEGO,C1.lJfORNIA TII13M4EIIOE(JRfAS6ES5MflifPIllGf1AM~nF.NOSmEREAS5t:S$IENT OIAOAAMOFIlfASSESSMEIfTOISTRIGlNO.2flD1-1.CITYOfClIUlAVISTA, C:GUN1Y()f5)J~OIEGO,nATEoFCALlroRNIA.WlUCHWASpllJ(JRRECOfIDEll lllE22NOOAYUFAiJr.UST,2001,INBOOK3,ATPAIJE:i;,OOCLMWTHa. .OOl.os.~IOOOF).l^pSOF1.SSESSMENTANll(;OI.'MUNINfAClllTIE5()ISTRlCrS ~TIiEOffICEOFTIlECOUilTYRECORtlER,t.ouNTYOfSAHDIEGO.ST^.TEOf r...J.IfORffl"'- CIlYClI'ffi( WY Of c>!lJlA \l1~TA. COOH1YI.1F aM DIEOI.I,C.'JJFOJll.lL.\ FLED TillS DAY Of 20Q-,ATnifllOlJR OF_UClOCK .M.114800iC ATPM~.--,OOClJt.l~NTIINSTIIUMem 00 OfBOOKOFWPSOFAl38ESSMHlTNWCOMMlJIilfY F^CIUIlESDISTRlCTIl~4ruEOrI'JO:OI'nIECOUIHYREL:O~U&lOfTIIE COUNNOFSAlIOIEGO,STAlEOfCALlfOR/V.. OF.PIJT'l' COU!ITYRECORD€R COlJN!YOFIlAHD:EGO FORpAI"IlCUtAASOFnIEllll.SAIJI}D~~lSIONS()f'ASSESSORP,\!lCtLB, REfEREllCEISMA!lETOHlEIJ,APSOflllEASoESSORORTlIECOUNl)"OfSAN OIEOO LEGEND ~ENDEO REASSESS"'ENl IlOUNOARY ----" \...-,'~Ii:...... 0"~~~) Nt:::WPARCELLJNE9 PREVIOUS REASSESSMENT NUMBER NEW REASSESSMENT NUMBER SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENTS 6-42 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE MAKlNG OF AMENDED REASSESSMENTS WITIllN REASSESSMENT DISTRICT NO. 2001-1 PURSUANT TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 200 I-I under and pursuant to state law; and WHEREAS, pursuant to the Improvement Bond Act of 1915 and Resolution No. 2001- 211, entitled "Resolution of the City Council of the City of Chula Vista Approving the Report of the Assessment Engineer and Confirming Reassessments within Reassessment District 200 I-I ", adopted by this Council on the lOth day of July, 2001, special reassessments were confirmed to pay the costs of the acquisitions and improvements as more particularly described in said Resolution. Said Reassessments are set forth on a Reassessment Diagram and Reassessment Roll, heretofore confirmed by this Council and filed and recorded with the City Clerk of the City of Chula Vista, County of San Diego; and WHEREAS, certain parcels of land designated as Reassessment Numbers 1658-1, 1658- 743, 1658-411 and 1658-412, upon which there are unpaid Reassessments where bonds have been issued under the Improvement Bond Act of 1915, commencing with Section 8500 of the Street and Highways Code of California, have been divided so that they no longer conform to the original parcel boundaries as shown on said Reassessment Diagram; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as the legislative body of Reassessment District No. 2001-1, as follows: The Superintendent of Streets of the City of Chula Vista shall cause to be filed with the City Clerk the Reassessment Apportionment Reports, an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658- 412, which were pr~viously recorded on the _ day of , _ in Book _, Page _' Document No. , segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefits to the several parts of the original parcels. Presented by Approved as to form by Amy Partosan Administrative Analyst II Bart C. Miesfeld Interim City Attorney 6-43 PASSED, APPROVED, Ai"D ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of November 2008 by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: Donna R. Norris, CMC, Interim City Clerk STATE OF CAlIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of November 2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 6-44 SECTION 6 RESOLUTION OF PRELIMINARY APPROVAL 6-45 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PRELIMJ1)lARlL Y APPROVING NvIENDED REASSESSNIENTS WITHIN REASSESSNIENT DISTRICT NO. 2001-1, ORDERING THE PUBLIC HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 20m -I under and pursuant to state law; and WHEREAS, this Council heretofore adopted Resolution No. _ _, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658- 412, which were previously recorded on the _ day of , _ in Book _, Page _, Document No. , segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcels. WHEREAS, said Reports, have been made and filed and duly considered by this Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as the legislative body of Reassessment District No. 200 1-1, as follows: 1. Said Reports as a whole and each part thereof, to wit: (a) the Amended Reassessment Diagram showing the Amended Reassessments and dimensions of the respective amended subdivisions of land with respect to said Amended Reassessments; (b) the apportionment of the total amount of the costs and expenses of the proposed Amended Reassessments upon the several amended subdivisions of land in proportion to the estimated benefits to be received by said amended subdivisions, respectively, and of the expenses incidental thereto; are sufficient and are preliminarily approved. 2. Said Reports shall stand as the Report for the purpose of all subsequent proceedings herein. 6-46 3. December 16,2008, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, is hereby appointed and [lXed as the time and place when and where this Council will hear any objections or protests to said Amended Reassessments for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the _ day of , _ in Book _' Page _, Document No. _- , and will consider and finally determine whether the public interest, convenience and necessity require said Amended Reassessments, and when and where it will consider and finally act upon said Reports. 4. The City Clerk of the City of Chula Vista shall cause notice of said hearing to be given by publication once a week for two (2) weeks in a local newspaper published and circulated in the City of Chula Vista. The first publication of said notice shall be completed at least fifteen (15) days before the date herein set for said hearing. Said notice shall be headed "Notice of Hearing on Amended Reassessments" and shall state: the filing of said Reports; the date, time and place set for and purpose of the hearing on said Reports and of protests; a brief description of the proposed Amended Reassessments; that any person interested in the original Reassessments or in the lands affected thereby or in the bonds secured thereby may appear and protest as provided in Part 10 of Division 10 of the Streets and Highways Code of California; and that reference is made to said Reports for further particulars. Presented by Approved as to form by Amy Partosan Administrative Analyst II Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of November 2008 by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: 6-47 Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORt'ITA ) COUNTY OF SAt'! DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of November. 2008. Executed this day of 2008. Donna R. Norris, CMC, Interim City Clerk 6-48 SECTION 7 NOTICE OF HEARING ON AMENDED REASSESSMENTS 6-49 NOTICE OF HEARING ON AMENDED REASSESSMENTS CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT DISTRICT NO. 2001-2 NOTICE IS HEREBY GIVEN that pursuant to the order of the City Council (the "Council") of the City of Chula Vista, the Superintendent of Streets has caused to be filed Reassessment Apportionment Reports including an Amended Reassessment Diagram with the parcels shown as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, within Reassessment District No. 2001-1 and Reassessment Number 12649-02 within Reassessment District No. 2001-2. The Reassessment Apportionment Reports have been preliminarily approved by this Board pursuant to Resolution No. adopted on November 18, 2008, to all of which reference is hereby made for further particulars. NOTICE IS FURTHER GIVEN that on December 16,2008, at the hour of'6 o'clock p.m. at the regular meeting place of the City Council of the City of Chula Vista, a hearing will be held concerning said Amended Reassessments, at which time all persons interested in said original Reassessments, or in the lands affected thereby, or in the bonds secured thereby, may appear and protest against the same as provided in Part 10 of Division 10 of the Streets and Highways Code of California. Contact hearing. at the City of Chula Vista at L-) regarding this Dated: ,2008 City Clerk City of Chula Vista County of San Diego State of California PUBLISH DATES: 6-50 NOTICE TO PROPERTY OWNERS SECTION 8 6-51 NIBls Local Government Solutions August 29, 2007 Eastlake Company LLC 13500 Evening Creek Dr. N. Ste. 400 San Diego, California 92128 RE: CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT APPORTIONMENT REQUIREMENTS FOR APN(s): 643-520-37-00 Dear Sir/Madam; The above referenced parcel{s) lie{s) within the boundaries of City of Chuia Vista "Reassessment District No. 2001-1" referenced above. Whenever a property subdivides in a 1915 Act Assessment District the assessment lien needs to be subdivided to each of the newly created parcels, through what's called an "Apportionment Process." The apportionment process consists of filing an Amended Reassessment Diagram, a Notice of Amended Reassessment, and reconfiguring the original lien amounts to the newly created parcels based upon benefit received. Our files indicate that the above referenced parcel(s) have not undergone the apportionment process, and the purpose of this letter is to notify you that this process will need to be completed. At this point you have two options to proceed; 1) Payoff the Reassessment lien on your property in full, you can obtain a payoff quote by calling NIB[S. Or 2) Have the Assessment apportioned to each of the newly created parcels by filling out the enclosed Assessment Apportionment Application and paying the $990.00 fee to City of Chuia Vista by September 28, 2007. if you choose to do nothing City of Chuia Vista will apportion the Assessment lien on your property an your behalf through the Public Hearing Method, and this will result in additionai costs up to $2.020.00 that would be applied to the next County Tax BiiI of the newiy created parcels. The Public Hearin9 Method requires three (3) Resolutions to be approved by the City Council and a Notice to be published and posted by the City Clerk. The costs related to these administrative procedures are added to the first year's ievy and paid by the property owner of the newly created parcel(s). Fiiling out the application and paying the fee listed under Option 2 bypasses the Public Hearing Method and saves you and the District the cost of these additional administrative procedures. NOTICE is HEREBY GIVEN that a payment in the amount of $990.00 must be made payable to City of Chula Vista, by September 28, 2007 in order to file the apportionment requirement. If the payment is not received an time, City af Chuta Vista will be required to prepare the Amended Reassessment via the Public Hearing Method and levy ail applicable costs to each of the newly created parceis from the subdivision. If you have any questions pertaining to this process please feel free to contact me at (SOO) 676-7516. Enclosure Cc: Amy Partosan, City of Chula Vista 32.605 Highway 79 South, Suite 100 I Temecula, CA 9259~ ~:~51.296,1997 I Toll.free: 800.676.7516 I Fax:: 951.296.1998 SECTION 9 RESOLUTION CONFIRMING AMENDED REASSESSMENTS 6-53 RESOLUTION NO. RESOLUTION OF TI!E CITY COTJNCIL OF THE CITY OF OlliLA VISTA CONFIRMING AlvlEl'-iLJED REASSESSMENTS \V1THIN REASSESSMENT DISTRICT NO. 2001-1 AND DIRECTING ACTIONS W1lli RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, this Council adopted Resolution No. _-_, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk the Reassessment Apportionment Reports (the "Reports':), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the _ day of , _ in Book _, Page _, Document No. , segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcels; and WHEREAS, said Reports were duly made and filed, and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said Reports should stand as the Report for all subsequent proceedings under and pursuant to the aforesaid Resolution No. ; and WHEREAS, December 16,2008, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, was appointed as the time and place for hearing protests in relation to the Amended Reassessment Diagram and Amended Reassessment Roll of the parcels of land designated as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the _ day of , _ in Book _, Page _, Document No. , segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits of the several parts of the original parcels, plus costs and fees of making such apportionments, notices of which hearing were duly and regularly published; and WHEREAS, said hearing was duly and regularly held, and all persons interested in the original Reassessments, or in the lands affected thereby or in the bonds secured thereby desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said Amended Reassessments were fully heard and considered by this Council, and all protests, both written and oral, were duly heard and considered; 6-54 NO W, TIffiREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as the legislative body of Reassessment District No. 2001-1, as follows: I. All written and oral protests are hereby overruled, and this Council has thereby acquired jurisdiction to order said Amended Reassessments and re-confirms said Amended Reassessment Diagram and Amended Reassessment Roll, referenced herein, and the costs and expenses thereof. 2. Said Amended Reassessment Diagram and said Amended Reassessment Roll, referenced herein, filed with the City Clerk pursuant to "Resolution of the City Council of the City of Chula Vista Ordering the Making. of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto" is hereby, ratified, approved, and re-confumed. 3. The City Clerk of the City of Chula Vista shall forthwith: a) cause an Amended Notice of Reassessment, amending the Notice of Reassessment which was previously recorded on the _ day of _, _, Document Number _- for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Notice of Reassessment to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California; b) cause an Amended Reassessment Diagram, amending the Reassessment Diagram which was previously recorded on the _ day of _, _ in Book _, Page _, Document No. _- for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Reassessment Diagram to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California; c) deliver the Amended Reassessment Roll to the Superintendent of Streets, together with the Amended Reassessment Diagram, as approved and re- confirmed by this Council, with a certificate of such confirmation and the date thereof, executed by the City Clerk of the City of Chula Vista thereon. The Superintendent of Streets will record the Amended Reassessment Diagram and Amended Reassessment Roll in his office in a suitable book to be kept for that purpose, and appended thereto his certificate of the date of such recording, and such recordation shall be and constitute the Amended Reassessment Roll herein. 6-55 Presented by Approved as to form by Amy Partosan Administrative Analyst II Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by tbe City Council of tbe City of Chula Vista, California, this 16th day of December 2008, by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: Donna R. Norris, CMC, Interim Ciry Clerk STATE OF CALIFORL'lIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16tb day of December 2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 5-55 SECTION 10 NOTICE OF AMENDED REASSESSMENTS 6-57 Recordinq requested bv: City of Chula Vista c/o NIBIS 32605 Temecula Parkway, Ste. 100 Temecuia, CA 92592 After recordation. return to; City of Chula Vista c/o NIBIS 32605 Tamecula Parkway, Sta. 100 Temecuia, CA 92592 NOTICE OF AMENDED REASSESSMENT REASSESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NO. 1658-743 Pursuant to the raquirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Chula Vista, County of San Diego, State of California, hereby gives notice that an Amended Reassessment Diagram and Reassessment Roll were recorded in the office of the Superintendent of Streets of the City, as provided for in said Section, and relating to the real property more particularly described on the Amended Reassessment Diagram filed In accordance with said Section on the day of , 200_ in Book , Page(s) , Document No. Book of Maps of Assessment and Community Facilities Districts of the San Diego County Recordar. Said Amended Reassessment Diagram amends "Reassessment District No. 2001-1 Reassessment Diagram" filed on the 22"d day of August, 2001 in the office of said County Recorder in Book 35, at Page 36, Document No. 2001-0599190 of Maps of Assessment and Community Facilities Districts. Notice is further given that upon the recording of this Notice in the office of said County Recorder, the several assessments assessed on the lots, pieces and parcels as shown on said filed Amended Reassessment Diagram shall become a lien upon the lots or portions of lots assessed, respectiveiy. Reference is made to the Amended Reassessment Diagram and Assessment Roll recorded in the office of said Superintendent of Streets of the City for the amount of each of the amended assessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. City Clerk, City of Chula Vista, San Diego County Date 6-58 EXHIBIT "A" CITY OF CHULA VISTA REASESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NO. 1658-743 Old Reassessment I New I Reassessment I APN Number APN Number 643-520-37 -00 1658-743 643-520-57-00 I 1658-743A 643-520-58-00 1658-7438 Owner of Record: Eastlake Company LLC Page 1 of 1 6-59 Ii DRAFT CITY OF CHULA VISTA . REASSESSMENT APPORTIONMENT REPORT "REASSESSMENT DISTRICT NO. 2001-1" Amending Reassessment Nos. 1658-411 & 1658-412 Prepared for: City of Chula Vista October 2008 6-60 ATTACHMENT 3 TABLE OF CONTENTS SECTION APPORTIONMENT OF REASSESSMENTS................................................................................................1 PRIOR ASSESSOR'S PARCEL MAPS .......................................................................................................2 CURRENT ASSESSOR'S PARCEL MAPS .................................................................................................3 AMENDED REASSESSMENT DIAGRAM ..............................................................................,....................4 RESOLUTION ORDERING AMENDED REASSESSMENTS......................................................................5 RESOLUTION OF PRELIMINARY APPROVAL .......................................................................................... 6 NOTICE OF HEARING ON AMENDED REASSESSMENTS ...................................................................... 7 NOTICE TO PROPERTY OWNERS .....................................;.......................................................................8 . . RESOLUTION CONFIRMING AMENDED REASSESSMENTS ..................................................................9 NOTICE OF AMENDED REASSESSMENTS ............................................................................................10 6-61 APPORTIONMENT OF REASSESSMENTS SECTION 1 6-62 EXHIBIT "A" CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NOS. 1658-411 & 1658-412 Old Reassessment Original New Reassessment Original Lien APN Number Reassessment APN Number Land Use Reassessment Apportionment Fee 643-512-33-00 1658-411 $867.62 643-512-73-00 1658-411/412A SFR $867.62 $645.00 643-512-34-00 1658-412 867.62 643-512-74-00 1658-411/412B SFR 867.62 . 645.00 TOTAL $1.735.24 . . $1,735:24 $1.290.00 Owner of Record: Eastlake Vistas - Chula Vista LP m I m w Page {of 1 PRIOR ASSESSOR'S PARCEL MAPS SECTION 2 6-64 " 0 0 , " z ~ ~ . , - 0 . ~ ~ 01 ~ I ?! ~ ~ '" z ~ ~ 6 ~ 0 I g . . fi ~ ~ ~ " ~ ~ I 13 a?i 'a '1!i ~ 0 . . " ~ i 0 . ~ ~ ~ " ~ . g i ~ ~ ~ . ~ ~ 0' ~ ~ ~ ~ 0 ~ 0 ~ ~ ~ ~ ~ '~ ~ .0 . @ SHT 1 ECHO RIDGE TER - ,,-" ~,-5' "'- G '-~" . "" @ SHT 2 q'v s" <ic-<<; G 1>'1-<<; 'v i.Y:v... 0(0' I ",~~.~ CIy \jI~( "'0 ~ ;.~ :ut1 ~ ~i! ~ . \ 6il SHT 1 EiiJ SHT 2 t; c;- RY G .0 # v MAP 14404- CHULA \1STA TCT NO 01-09 EASTLAKE III \1STAS . ------- WlD:COO~Il~51UJ' ~ 643-51 . SHT J OF 8 1".c:l -100' - 4/').7/'1005 JGO. _-'I'ltf:! '" -- :tl eN <;::; '!Ii f>>.I!Nf1 ..~ . . '" UlItfII<t JJ " IIIR1l1 II JiWIl " "" ~ " 0> n en o c en ~ " o 3 _I CURRENT ASSESSOR'S PARCEL MAPS SECTION 3 6-66 01 1 ~ ~ . . , ~ ~ r . ~ z . ~ ~ ~ ~ ~ . " en . I ~ en ~ -..J ~ ~ " ~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ @ SHT 1 ECHO RIDGE: TtR c~ l'-<'S~ ~c S~I>-OO IA~~~!-_ " .~~ ~ -:W ~~. .l",' ~ .~ I.", ./ . " ~1f{t ". ~ @ l~ r jI. ,'v 0"0' ! "''/~.~ Oly 'v'/" -I'b @ SHT 2 ;> M Ii ~t1 " @. ,~ \ . \ ~" . . ~ SilT 1 ~ SHT 2 l;- e;- ,fy U ~ S MAP 15270 - CHULA VISTA TCT NO 01-09 EASTLAKE III MAP 14-4-04-- CHULA VISTA TCT NO 01-09 EASTLAKE III ~ ASSESSCR'SI.lAP 64-3-51 SHT 3 OF 8 1" = 100' 6/1/06 JGRO ')"fb. ~- .~ ax /'RJar,lJ'Pf .... '" OI/HIU~ M n 1'1HIII.JD f11l<<ll44 lit .!!!!. . 'Iii IJ m'llli'll'~ , " ~ AMENDED REASSESSMENT DIAGRAM SECTION 4 6-68 l z ~ FliclllOUlIAI'N ~n_~l1.n.U I4I.Sn.:M..QG PREVIOUS REASSESSMeNT IiE.O.SSES,r.lEIITND. 1I1I.ill t6~~-411 m I m CD IIEW}.PiI !41.~1~.1]'0If o.Il'6U-j,.n NEW REASSESSMENT RU.lISE5SNEIITNO. 11$1. llll~llA 1151_.'114"11 N\SIS ~ouIGO..'om'hltio..'IQ"' 3nOST.m.~ulaP.rilw.y.e~I'.'D" T.",..<ul., ~~1I11ig2 IP) ~OUII.101~ (~19~i.2nlg~8 AMENDED REASSESSMENT DIAGRAM REASSESSMENT DISTRICT NO. 2001-1 CITY OF CHULA VISTA COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDING REASSESSMENT NOS. 1656-411 & 1656-412 ------ ~~---- NECIIOR/l)(ll;WAr ~~ -~ -~ . \ ) I ~---- ~ ~ !!f [! N ,. (j~\~ SHEET 1 OF 1 FllWI'JTIi"()frlC[ClfY)IE.CIT/(;Lfflj(OflIIECIl',C{M"'\lIST^THI~ Of ~1l(L. '" CtTYCLERK CI1'1ID'CliULl.V1STACOUIIlYQfSAtIOIEGO.CALIfOIUM filED'" THE oHICEOF'nII:SU~!:RlN-r&l[)~rITOF BTIlEETS TIllli DAY OF .iIOL.e ~ SUPERllmNOWlllf'6lHEUB CrrYOfCI-lULAVlOTACOlmlY0F5.A.'lOIEGO,CALlFORNlO, TillS AM~~mgj rlWSESlIMolH I.llAGllAM AMENDS lHE AE.0.5BESSMEIIT DlAGHMI OF liEA~bc;SoJjEHr DlSTRIGTfllJ,200I.1. CITY Of CIIIJIA VISTA. COlJNT'/OF GMl mEGa, STAT~ OF CALIfOONlA, .....l1CH WM fHIORHEC(JRlIEllIlIEUNI)OMOfAUlill~T,:IOOt. fl ~()OK:U;AT PAllE Ji,OOCUl.(8{f 1111 ,001.(1\,9190 OF MAP~ UF A$Si:S~MENT 1J,ll COMMUNIIYFACIlITiESOIS1/llC16IN1l-lEOfFICEOFlliECOUNnHECOHflER. COUtf1YOFW.N~IEGO,SIMEU'CJIljl-rlRWA. ClryCL~R" cnYOfUlUlA\I1Sr....GOUNTYDFSAlIOIEGO,C.o.t.lfOIl!#. fILED1HIS~O~YOF______>l(l'L>AT-rnEHOlJROF__O.Cl_OCK _---iIA,INHD[)f(~ATPAGf__,OOcuMwrIIlISTRUI.1EI.T /-111 OF BOOK (;v' Mi\fS OF ASSESSMEIIT A/-IDCOMMUNIIY FACILlTIESOISTf\lCTSl'iTliEOFfICEOfTHECOlJllfYRECOROEHOFTHECOUNfYOF S~U!EGD,STAn::OFc.oLifORNiA- ll8'UlY COUlrrynECORDEfl Cc.uU1YOF~AHOIEGa fORPAATICUWSOF1IiEUIIESAlIDOJMENSIONSOFA.SGES$ORPAACElS, RlOr'ER8lcEISW,l1I;:WTHEw..PGCFnlEASSESSORORTllECOUNTYuFSlJlOIEGo. LEGEND ~MliNoeo RIiASS~4~MIiIH 1l;(IUNI;lARY PREVIOUS PARCEL UNcS NEWPARCELUNES (1I~1~ (@....,<I~i~ PREVIOUS REASSESSMENT NUMBER NEW REASSESSMENT NUMBER SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENTS 6-70 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE MAKING OF A1\1lENDED REASSESSMENTS WITHIN REASSESSMENT DISTRlCT NO. 2001-1 PURSUMH TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 200 I-I under and pursuant to state law; and WHEREAS, pursuant to the Improvement Bond Act of 1915 and Resolution No. 2001- 211, entitled "Resolution of the City Council of the City ofChula Vista Approving the Report of the Assessment Engineer and Confirming Reassessments within Reassessment District 2001-1", adopted by this Council on the lOth dayof July, 2001, special reassessments were co~firmed to pay the costs of the acquisitions and improvements as more particularly described in said Resolution. Said Reassessments are set forth on a Reassessment Diagram and Reassessment Roll, heretofore confirmed by this Council and filed and recorded with the City Clerk of the City of Chula Vista, County of San Diego; and WHEREAS, certain parcels of land designated as .Reassessment Numbers 1658-1, 1658- 743, 1658-411 and 1658-412, upon which there are unpaid Reassessments where bonds have been issued under the Improvement Bond Act of 1915, commencing with Section 8500 of the Street and Highways Code of California, have been divided so that they no longer conform to the original parcel boundaries as shown on said Reassessment Diagram; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as the legislative body of Reassessment District No. 2001-1, as follows: The Superintendent of Streets of the City of Chula Vista shall cause to be filed with the City Clerk the Reassessment Apportionment Reports, an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658- 412, which were previously recorded on the _ day of , _ in Book _' Page _, Document No. , segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefits to the several parts of the original parcels. Presented by Approved as to form by Amy Partosan Administrative Analyst II Bart C. Miesfeld Interim City Attorney 6-71 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of November 2008 by the following vote: . AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SA.N DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of November 2008. Executed this _ day of 2008. DonnaR. Norris, CMC, Interim City Clerk 6-72 SECTION 6 RESOLUTION OF PRELIMINARY APPROVAL 6-73 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PRELIMINARILY APPROVING AMEN TIED REASSESSNlENTS WITHIN REASSESSNffiNT DISTRICT NO. 2001-1, ORDERING THE PUBLIC HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, this Council heretofore adopted Resolution No. _ _, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent Of Streets to prepare and file with the CIty Clerk Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658- 412, which were previously recorded on the _ day of , _ in Book _, Page -'-, Document No. , segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parce Is. WHEREAS, said Reports, have been made and filed and duly considered by this Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as the legislative body of Reassessment District No. 2001-1, as follows: 1. Said Reports as a whole and each part thereof, to wit: (a) the Amended Reassessment Diagram showing the Amended Reassessments and dimensions of the respective amended subdivisions of land with respect to said Amended Reassessments; (b) the apportionment of the total amount of the costs and expenses of the proposed Amended Reassessments upon the several amended subdivisions of land in proportion to the estimated benefits to be received by said amended subdivisions, respectively, and of the expenses incidental thereto; are sufficient and are preliminarily approved. 2. Said Reports shall stand as the Report for the purpose of all subsequent proceedings herein. 6-74 3. December 16,2008, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, is hereby appointed and fixed as the time and place when and where this Council will hear any objections or protests to said Amended Reassessments forthe Reassessment Numbers 1658-1,1658-743,1658-411 and 1658-412, which were previously recorded on the _ day of , _ in Book _, Page _, Document No. _- , and will consider and fmally determine whether the public interest, convenience and necessity require said Amended Reassessments, and when and where it will consider and fmally act upon said Reports. 4. The City Clerk of the City of Chula Vista shall cause notice of said hearing to be given by publication once a week for two (2) weeks in a local newspaper published and circulated in the City of Chula Vista. The first publication of said notice shall be completed at least fifteen (15) days before the date herein set for said hearing. Said notice shall be headed "Notice of Hearing on Amended Reassessments" and shall state: the filing of said Reports; the date; time and place set for and purpose of the hearing on said Reports and of protests; a brief description of the proposed Amended Reassessments; that any person "interested in the original Reassessments or in the lands affected thereby or in the bonds secured thereby may appear and protest as provided in Part 10 of Division 10 of the Streets and Highways Code of California; and that reference is made to said Reports for further particulars. Presented by Approved as to form by Amy Partosan Administrative Analyst II Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of November 2008 by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: 6-75 Donna R.Norris, CMC, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day ofNovembel' 2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 6-76 SECTION 7 NOTICE OF HEARING ON AMENDED REASSESSMENTS 6-77 NOTICE OF HEARING ON A.l\1ENDED REASSESSMENTS CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT DISTRICT NO. 2001-2 NOTICE IS HEREBY GIVEN that pursuant to the order of the City Council (the "Council") of the City of Chula Vista, the Superintendent of Streets has caused to be filed Reassessment Apportionment Reports including an Amended Reassessment Diagram with the parcels shown as Reassessment Numbers ]658-1, ]658-743, 1658-411 and 1658-412, within Reassessment District No. 2001-] and Reassessment Number ]2649-02 within Reassessment District No. 2001-2. The Reassessment Apportionment Reports have been preliminarily approved by this Board pursuant to Resolution No. adopted on November 18, 2008, to all of which reference is hereby made for further particulars. NOTICE IS FURTHER GIVEN that on December 16,2008, at the hour of 6 o'clock p.m. at the regular meeting place of the City Council of the City ofChula Vista, a hearing will be held concerning said Amended Reassessments, at which time all persons interested in said original Reassessments, or in the lands affected thereby, or in the bonds secured thereby, may appear and protest against the same as provided in Part 10 of Division 10 of the Streets and Highways Code of California. Contact hearing. at the City of Chula Vista at l--.J regarding this ,2008 Dated: City Clerk City of Chula Vista County of San Diego State of California PUBLISH DATES: 6-78 NOTICE TO PROPERTY OWNERS SECTION 8 6-79 NIBls Local Government Solutions May 29, 2007 Eastlake Vistas - Chula Vista LP 1250 S. Grove Avenue Barrington, IL 60010 RE: CITYOFCHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT APPORTIONMENT REQUIREMENTS FOR APN(s): 643-512-33-00 & 643-512-34-00 Dear Eas~ake Vistas - Chula Vista LP; The above referenced parcel(s) Iie(s) within the boundaries of City of Chula Vista Reassessment District referenced above. Whenever a property subdivides In a 1915 Act Assessment District the assessment lien needs to be subdivided to each of the newly created parcels, through what's called an "Apportionment Process." The apportionment process consists of filing an Amended Reassessment Diagram, a Notice of Amended Reassessment, and reconfiguring the original lien amounts to the newly created parcels based upon benefit received. Our mes indicate that the above referenced pareel(s) have not undergone the apportionment process, and the purpose of this letter is to notify you that this process will need to be completed. At this point you have two options to proceed; 1) Payoff the assessment lien on your property in full or 2) Have the assessment apportioned to each of the newly created parcels by filling out the enclosed Assessment Apportionment Application and paying the "$990.00 fee to City of Chula Vista by June 28, 2007 (30 days). ~ you choose not to respond to this request City of Chula Vista will apportion the assessment lien on your property on your behalf through the Public Hearin9 Method, and this will result in additional costs up to $2.020.00 that would be applied to the next County Tax Bill of the newly created parcels". The Public Hearing Method requires three (3) Resolutions to be approved by the City Council and a Notice to be published and posted by the City Clerk. The costs related to these administrative procedures are added to the first year's levy and paid by the property owner of the newly created pancel(s). Filling out the application and paying the fee listed under Option 2 bypasses the Public Hearin9 Method and saves you and the District the cost of these additional administrative procedures. NOTICE IS HEREBY GIVEN that a payment in the amount of $990.00 must be made payable to City of Chula Vista, by June 28, 2007 in order to file the apportionment requirement If you have any questions pertaining to this process please feel free to contact me at (800) 676-7516. I ~ Enclosure Cc; Amy Partosan, City of Chula Vista 32605 Highway 79 South, Suite 100 I Temecula, CA 9259JiiT~:q51.296.1997 I Toll-free: 800.676.7516 'J Fax: 951.296.199B SECTION 9 RESOLUTION CONFIRMING AMENDED REASSESSMENTS 6-81 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING AMENDED REASSESSNfENTS WITHIN REASSESSNfENT DISTRlCT NO. 2001-1 Al'iTI DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, this Council adopted Resolution No. _ _, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk the Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the _ day of , _ in Book _, Page _, Document No. , segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcels; and WHEREAS, said Reports were duly made and filed, and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said Reports should stand as the Report for all subsequent proceedings under and pursuant to the aforesaid Resolution No. ; and' WHEREAS, December 16,2008, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, was appointed as the time and place for hearing protests in relation to the Amended Reassessment Diagram and Amended Reassessment Roll of the parcels of land designated as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the _ day of , _ in Book _' Page _' Document No. , segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits' of the several parts of the original parcels, plus costs and fees of making such apportionments, notices of which hearing were duly and regularly published; and WHEREAS, said hearing was duly and regularly held, and all persons interested in the original Reassessments, or in the lands affected thereby or in the bonds secured thereby desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said Amended Reassessments were fully heard and considered by this Council, and all protests, both written and oral, were duly heard and considered; 6-82 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as the legislative body of Reassessment District No. 2001-1, as follows: I. All written and oral protests are hereby overruled, and this Council has thereby acquired jurisdiction to order said Amended Reassessments and re-confirms said Amended Reassessment Diagram and Amended Reassessment Roll, referenced herein, and the costs and expenses thereof. 2. Said Amended Reassessment Diagram and said Amended Reassessment Roll, referenced herein, filed with the City Clerk pursuant to "Resolution of the City Council of the City of Chula Vista Ordering the Making. of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto" is hereby, ratified, approved, and re-confirmed. 3. The City Clerk of the City of Chula Vista shall forthwith: a) cause an Amended' Notice of Reassessment, amending the Notice of Reassessment which was previously recorded on the _ day of _, _, Document Number _- for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Notice of Reassessment to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California; b) cause an Amended Reassessment Diagram, amending the Reassessment Diagram which was previously recorded on the _ day of _, _ in Book ,Page ,Document No. - for the Reassessment Numbers 1658-1,1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Reassessment Diagram to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California; c) deliver the Amended Reassessment Roll to the Superintendent of Streets, together with the Amended Reassessment Diagram, as approved and re- confirmed by this Council, with a certificate of such confirmation and the date thereof, executed by the City Clerk of the City of Chula Vista thereon. The Superintendent of Streets will record the Amended Reassessment Diagram and Amended Reassessment Roll in his office in a suitable book to be kept for that purpose, and appended thereto his certificate of the date of such recording, and such recordation shall be and constitute the Amended Reassessment Roll herein. 6-83 Presented by Approved as to form by Amy Partosan Administrative Analyst II . Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of December 2008, by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. ~ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of December 2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 6-84 SECTION 10 NOTICE OF AMENDED REASSESSMENTS 6-85 Recordinq requested bv: City of Chuia Vista cia NIBIS 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 After recordation. return to: City of Chula Vista cia NIBIS 32605 T emecula Parkway, Ste. 100 Temecula, CA 92592 NOTICE OF AMENDED REASSESSMENT REASSESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NO. 1658-411 & 1658-412 Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Chula Vista, County of San Diego, State of California, hereby gives notice that an Amended Reassessment Diagram and Reassessment Roll were recorded in the office of the Superintendent of Streets of the City, as provided for In said Section, and relating to the reai property more particularly described on the Amended Reassessment Diagram filed in accordance with said Section on the day of , 200_ in Book , Page(s) , Document No. Book of Maps of Assessment and Community Facilities Districts of the San Diego County Recorder. Said Amended Reassessment Diagram amends "Reassessment District No. 2001-1 Reassessment Diagram" filed on the 22" day of August, 2001 in the office of said County Recorder in Book 35, at Page 36, Document No. 2001-0599190 of Maps of Assessment and Community Facilities Districts. Notice is further given that upon the recording of this Notice in the office of said County Recorder, the several assessments assessed on the lots, pieces and parcels as shown on said filed Amended Reassessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the Amended Reassessment Diagram and Assessment Roll recorded in the office of said Superintendent of Streets of the City for the amount of each of the amended assessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. City Clerk, City of Chula Vista, San Diego County Date 6-86 EXHIBIT 'A" CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NOS. 1658-411 & 1658-412 I Old I Rea~~::::;ent II New I Reassessment I APN APN Number. 643-512-33-00 I 1658-411 II 643-512-73-00 1658-411/412A 643-512-34-00 1658-412 643-512-74-00 1658-411/412B Owner of Record: Eastlake Vistas - Chula Vista LP Page 1 of 1 6-87 IJ DRAFT CITY OF CHULA VISTA REAS,SESSMENT APPORTIONMENT REPORT "REASSESSMENT DISTRICT NO. 2001-2" Amending Reassessment No. 12649-02 Prepared for: City of Chula Vista October 2008 6-88 ATTACHMENT 4 TABLE OF CONTENTS SECTION APPORTIONMENT OF REASSESSMENTS................................................................................................1 PRIOR ASSESSOR'S PARCEL MAPS .......................................................................................................2 CURRENT ASSESSOR'S PARCEL MAPS .................................................................................................3 AMENDED REASSESSMENT DIAGRAM ...................................................................................................4 RESOLUTION ORDERING AMENDED REASSESSMENTS......................................................................5 RESOLUTION OF PRELIMINARY APPROVAL..........................................................................................6 NOTICE OF HEARING ON AMENDED REASSESSMENTS ...................................................................... 7 NOTICE TO PROPERTY OWNERS ....................................................................................,........................ 8 RESOLUTION CONFIRMING AMENDED REASSESSMENTS ..................................................................9 NOTICE OF AMENDED REASSESSMENTS ............................................................................................10 6-89 APPORTIONMENT OF REASSESSMENTS SECTION 1 6-90 en I CO ~ EXHIBIT" A" CITY OF CHULA VISTA REASESSMENT DISTRICT NO. 2001-2 AMENDING REASSESSMENT NO. 12649-02 Old Reassessment Original New Reassessment Original LIen APN Number Acreage Reassessment APN Number Acreage (1) Reassessment Aoportlonment Foes 644-040-64-00 - - $0.00 644-040-81-00 12649-02A 8.21 $64,563.58 $645.00 644-040-77-00 - - 0.00 644-040-82-00 12649-026 2.59 20,367.81 645.00 644-040-78-00 12849-02 10.80 84,931.39 TOTAL 10.80 $84,931.39 TOTAL 10.80 $84,931.39 $1,290.00 (1) Acreage is based on the portion of land that lies within the district. The remainder of APN 644-040-B2-00 Is slopes/wetlands. Owner of Record: Fask Land Inc. Page 1 of 1 SECTION 2 PRIOR ASSESSOR'S PARCEL MAPS 6-92 ~;~?Z> ';i!N~ SAH llIECO COlltHY ASRSi\OIl'St.<AP eOOR;~~4 I>ME 04 SilT 1 Ofl3 01 o .- o I " " <0 @).2+ 29 'TIMBER ST_ @.24' 28 en I CD w <{~ . a:, ~ ~. Z .:'i ...J , ~O ~--' ~ 27 E!) u E u ~ " 64-4-04 SHT 1 OF :l @ s .~~~.~ ~*~~~~~~~~ . . g ~~~*~ ~ . u ~ ~.., ~ t ~ 0 .- .- ... _ l'l , ~ ~5'~ ~~~m m..~..;.:tb~* & g /., 8;g'811~ ~ l/) " w Ii ~ ~~\ ~ "r~~ r~ jlf'llI ~ ' ;e'il ~ 1=:1 ~ ~ ~ g Cl w ~ . ~ ;.t ~~ ' ~ ~~ ~ .." \r- '.\;. -~" ~ ~~~~h ~ Z " l.t~<l ~ . ~ t-' :.: G; ~ 111. .lC:t! <( " ....~' ~ ~ \t-_~....... ..".. ~... " . a .;!j ~ :l.:a 1==~: ~ " ~ It; ~ . . ::r .. '" ('J >OJ I<!~ r>. U !1 ~ ~ T,s.~J) Ml';)'.u!Sj'M .' ...~~ ;# <'1.1':.......1. Q II-LOT A '" I . ! "- " OP DETAIL'S' N08CAlE 51 @ g I" .,... 5tl8.53')I:'J.~' ,rzg (U.4';",H N~ ...".) ~Id: .v49.(J,JO'"",,, ".7~-.-...~~ 1L- aU.If$.. ,-,. 20 ~ l it""'Q~ ".""Q.. "'IU~liJ";N-'" .JJ/.)J , j.>t.I1333S >1 @PAfl.3 6.JI AC 1 SHT 2 loSHINOHARALH 1.. CTIlL 15~2J lPI.I g7-tla JO COUNTY ANIl.lAL SHELTER H~.~' PNI4~1 @ 5.81 AI:. _ af'AfI J , t DETAIL "c' NO SCALE CD 9.:;6i\!:. ~ \ - ;' 1'.-PAR 2 I;~ ~,. -J-I~ -Iu.......; '~l,:; ~ :.....:~"'I'.~_1 ~ , ,; , @ ~. 0 ~: "ft. I . <( r ~. O~. ~ @ SHT 2 f-I>: ::l<( <{CL 1 , SHT 1 >1 RD) lI'~~ '" 7'47 " ;; .J 1 . , ~ A.N75.!l6....0"'W JJ.OB 6.587'14'35'1'1 15UiO C. 584-'2fi'OO"W 1118_110 D_ 5-81.)0',3"1'1 162:/1 E. NS....OB'OO'W 240.74 f. H8S'26'21"\Ij 7::\A-l G. N79.-'I\....2.W 1172.03 I-tS1l"O\'lO.e: 19'1.02 J 1-171'51'55"1'1 185.00 K. ta~'...l'H'W ]04.53 L. tl79'Oj'20"W 277.'0] .1.1. N77']6'07"W JaS_n N. N82"11'Oo"W lH.7J P. N65'J7'17"W 229.1>5 Q. Sl7"Oj'l:nr !l1.66 R. R=55 11.70 5. H8.'i'12'17"W 111\.'18 T. $8'1'1\'10'\11 J09.63 lJ.N81'4nnV 9....38 @ 8m 3 " ~. " ~PAIl.all~S.~ . ~PM1~Jn~2.tl A.C1l~1,:1' Hfill'Ol'.n"w ~~O.$\ fUU1 tla~eOj'~6"W CEN. S:::C,I~ r~1I111~~~t,~~F~~1~ORt~1j~S~WC~~:;t:s~m' ~A~lJrm L,^~ -IIOT CDl.F\f-v WillI ~L SUBDIVISloll OR IIUJlO!(~G OIlPUt{WCfS G) SEe 19 -TIBS - RIW - N 1/2 ROS 8424,8526,8620,6747,10127,13130,13690,15270 EEl ~ 1"""'400' ~ " ~~ @ ~ . ~; . CURRENT ASSESSOR'S PARCEL MAPS SECTION 3 6-94 n a a " " Z . 3 . ~ . " g ~ a 01 9 > ~ ~ ~ . ~ g b 0 a ... a I ... . w Q 1 ~ ~I ~ ~ o o ~ ~ . " " ~ 5 ~ v U1 ~ ~ w ~ l' w 2 Z 0 <: " W 9 :r: -g- ~ U 29 1:2. ~ TIt>,.iBER ST_ - -IIeo. '1 't J'~' T SI!.S cw 28 (i) 9.H,A.C. ~ . b r'lli\ 'C!!J <" oc~ ~ ~. Z ;;j -' ~ O. ~-~ A. tl78"5li'W"W JJ,OIl 1I.5117"j<4'JS'W 101.!lO C. sa~'26'OO'W 1811.90 0. SIII"30'1J"W 152.71 LN&;"OIfOO"WHO.U 1'". HIIO"2/i"11"W "IJ."'l G. H7~-41'''2'W 1\12.03 ft.S1J'Oj'10"E 187.02- J. N7t'S7'5S"W 1!15.00 1(.1I7:>"+1'1."W 30+.53 L N7~'03'20'W 271.63 l.!. NT1"J6'orW :J.61l.2J N. tI1l2"tt'OS'\\' 124.73 P. NIIS"YtlTW :1.29.55 a.517"03'1:,W /i1.611 R.Rs5S 11.70 s. HII~'l,'n'w l~l..(Ij T.IiIl+"1r10'W 300.5:1 U.NBj'''J'21"W 8'UlI EO ~ ~ SAN DlEa.o COl),HY ~~srl'n&f 04 SIlT I a' J ~ .~ ~B~~~i~~~ ~ ...:....,..<i~~ "',,1>(>-' Jl;!:;H PNI45.~1 @ ~61-N:; 9PM I 1 ! .:: f'MrJ-;;;~(;n.n~': 8 >1 t:?- PAR 3 ~ _ t .q; .-~ ~ ~.3rAc. ~ SHY 2 '~.f 1'1,;;;-; ~ ~ " ..>I -.z.W'J.-..; ~r.' 1I " 4",H j-I.I, - -,..~-\ , 644-04 SHT 1 OF 3 51 OP DETAIl'S' -NO,SCALE 61 TJ.t~ ,.:.t:l~!s-'~f1( @ 1.5fIUlOlIAIlAW 2.CJRL~J17 Tl'1oI87-0II ;S'CO(Hl1)'Atl~UAL~101 .. DETAIL C NO SCALE U"10~ .(f4.S.~/U~~n -""""1&: :l!.l,f"P::':""t",".',:",.;~.jj,7t\11..-. e JUJ,IJI. ;;.l.O ii ~:: "0 1 -' @ SHT 2 V. Rz151 7.76 W. N3r54'llf>"W X.tllS"47'1\l"6: Y. N1B"13'53"E z.saao).1'2l1"E @ SHT J ~" D.OfJ 2ll-l.32 !lB.H7 - ; , IJS~.o., ..PIJI4(.";\ :!!1'1.lla)12~.:t.ll"Cll<l,U ua'i'Oi'sr", ll~aLW>W,I,il.' 1'kG>~RE6~flJQl~$.S~!lfPtir<fose'aOIJlV.. Ill'ltVJl1llTt,l1 J,tItil..ll.('DFnlll11.;AGr,U 'forTH/: TASHO'MI,A$SUSOfrSl'ftRC"-,, w,y Iltn tl'.M>l'f'W!llLOCAL \II~IOOOR QIJI.tlNG OROlllAliCE&. ~ -<( .0,", l-(C" ::>-<( <n. 1 #itt'.Jf';:!J~:"w "'f '11.7 4ii"o.94AC~' ClpARt " ~ . , , , @ SHT 1 - liiT;Ja- PM' e "02'" 31"41 ;lei',n ./<s<(ora"w t;(N. S~C.19 (7) .SEe 19-TI8S-RIW - N 1/2 ROS 8424,852.6,8620,8747, 10127,13130,13600,15270 ~ 1"=400' tjJ ~ '" ,i" ~. ~ iJ ~ n CO is " CO !!'. " o 3 , !~ ~ @ ti AMENDED REASSESSMENT DIAGRAM SECTION 4 6-96 t z ~ PREVIOUS REAsSESSMENT ~H~V10"~ Al'H ..... ;~I~ _i<l_C<I U..O.D.7T_~9 ....ON./I..14 cr> I CD -.J IIf,AUlUUOITlIo. U..>I_ol IlEWJ,~N 6U.U<l_U.U ......O...Il.IG EW REASSESSMENT 116".i1jl NIBIS L~..I(l."Ofm..nt .....UOn. RE.un~SIlEIlIIIO. ll'.~Tom.""I. r.l1<wi'y,J;o..oI'.10D TomH"'., CASli~l ll'l~oc.ol6,H" lflU1->u..,n AMENDED REASSESSMENT DIAGRAM REASSESSMENT DISTRICT NO. 2001-2 CITY OF CHULA VISTA COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDING REASSESSMENT NO. 12649-02 (11-;;;.1' -~ 0'......,'9 ~ --- --..-""1--';' ----,-. '~---'-- ~ tP~:.~.~(.~ \ Q ... ,,,,.Or ia ~t>>"->>-"'1I ,-';I, ~,..... ~ SHEET 1 OF 1 fllaIN11E0ffl:EOflI1EClT'l'ClEW(0F1lIECllYCtlLIIAVL~lATlU5 _OAVOF ~\lI~ ClTYr.LHIK Clfl'OFCll\JlAVIST....c::ourmOFIONiOIE(lO,f,AlIFDRfjI.', FItEDIN1HEOfF!CEOfWl:SUPERlffiENDEHTOFsrnEE"/STIlS DAV OF .,M_.. - BliPEJllIlIlJ<<NTOFliThEffS CITY Of OlU.AVlSTA, COIINTYOFIl.ANOIEOO, C.<l.lf(:WY/lA. nIlSAl,U,NnEOREA5SES5IAWTDlAGflAMMlcNOO1H"WBSfSSIJEUT Dv.,GI'IAMtI'llEJ.SSE'5I.4ENTIllSTlilaNO'2001.l,ClTlOFCI1ULJ,VIST.... GOUNr\'0l'3ANlIJIOGCI.~l""IEOFc.>LIfOIltlIA. WlilCI1\VASPtllOIlR~COl\llEl) WE_lll\'{Of :20 UlIlOOK_AHACOE--, pOCUr.tEtlIUo. llflMi'~llfA$SESSL.lENTAIlll COMMlllni' F~llm.o ClnRlClo kIn-It llHIC~ OF TilE COONrv llECORDER. COUrlli'OFSAlIOlEGO.alAI'ECI'Cwr'ORNIIl CIIYCUJd< CI1VllfClIUAVl&T".COU~TYGfSAllIllEll.O.CAUf()kl1lA FilED HilS DAVQf ,2(lIL.ATTl-IErlCJUR OF_ll(""'~.Ml'laOOK ATPAGE----,OOCUl.'.EUfI.ISTRUldlllT 110 OFBOOKOfWJ>SDfASSESSfJEllfAIIDCOl.WlIImv Fjl,CIlmaOISffilCTS-"lIEOfflCEOfTItEC[)ImTYREWlllJEROfTIIE COUIlIYOFSfflOli:GO,~TArEoFC.o.ljfOkMA. """ COUNHkECOIWl:R COumy OF SAIl OIEOO fOO PAATlG!JI}..M Of 'lIE lJilES AAtllllM~II~lot~S Of ~SESSOII PAIlCEI..S. REtH~CErsWJ)t10UlEl,\.IJ'sOFTIIEA;;Sf$SCROf(l'jltCOUrl'lyOf"sm DlEilo. LEGEND AMENDEIl REASSESSMEIH aOUNDAAY PREVIOUS PARCEL LINES NEWPARCl':lLlUES c"~,,~ Ci'~U-4"") PREVIOUS REASSESSMENTlIUMBEK NEW REAS5E':lIiIllENT NUMl:IER SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENTS 6-98 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE MAKING OF AN A!vlENDED REASSESSNfENT WITHIN REASSESSNfENT DlSTRlCT NO. 2001-2 PURSUAt'lT TO PART 10 OF DIVISION 10 OF THE STREETS M,m HIGHWAYS CODE NID DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-2 under and pursuant to state law; and WHEREAS, pursuant to the Improvement Bond Act of 1915 and Resolution No. 2001- 212, entitled "Resolution of the City Council of the City of Chula Vista Approving the Report of the Assessment Engineer and ConfIrming Reassessments within Reassessment District 2001-2", adopted by this Council on the lOth day of July, 2001, special reassessments were confIrmed to pay the costs of the acquisitions and improvements as more particularly described in said Resolution. Said Reassessments are set forth on a Reassessment Diagram and Reassessment Roll, heretofore confIrmed by this Council and fIled and recorded with the City Clerk of the City of Chula Vista, County of San Diego; and WHEREAS, a certain parcel of land designated as Reassessment Number 12649-02, . upon which there is an unpaid Reassessment where bonds have been issued under the Improvement Bond Act of 1915, commencing with Section 8500 of the Street and Highways Code of California, has been divided so that it no longer conforms to the original parcel boundary as shown on said Reassessment Diagram; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as the legislative body of Reassessment District No. 2001-2, as follows: The Superintendent of Streets of the City of Chula Vista shall cause to be fIled with the City Clerk the Reassessment Apportionment Report, an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Number 12649-02, which was previously recorded on the _ day of , _ in Book _, Page _, Document No. _- segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefIts to the several parts of the original parcel. Presented by Approved as to form by Amy Partosan Administrative Analyst II Bart C. Miesfe!d Interim City Attorney 6-99 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of November 2008 by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of November 2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 6-100 SECTION 6 RESOLUTION OF PRELIMINARY APPROVAL 6-101 . RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PRELINllNARlLY APPROVING AN fuvIENDED REASSESSMENT WITHIN REASSESSMENT DISTRICT NO. 2001-2, ORDERING THE PUBLIC HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-2 under and pursuant to state law; and WHEREAS, this Council heretofore adopted Resolution No. _ _, entitled "Resolution of the City Council of the City of Chu1a Vista Ordering the Making of an Amended Reassessment Within Reassessment District No. 2001-2 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk Reassessment Apportionment Report (the "Report"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Number 12649-02, which was previously recorded on the _ day of , _ in Book _, Page _, Document No. _- segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefits to the several parts of the original parcel. WHEREAS, said Report, has been made and filed and duly considered by this Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as the legislative body of Reassessment District No. 2001-2, as follows: 1. Said Report as a whole and each part thereof, to wit: (a) the Amended Reassessment Diagram showing the Amended Reassessment and dimensions of the respective amended subdivision of land with respect to said Amended Reassessment; (b) the apportionment of the. total amount of the costs and expenses of the proposed Amended Reassessment upon the amended subdivision of land in proportion to the estimated benefit to be received by said amended subdivision, respectively, and of the expenses incidental thereto; are sufficient and are preliminarily approved. 2. Said Report shall stand as the Report for the purpose of all subsequent proceedings herein. 3. December 16,2008, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, is hereby appointed and fixed as the time and place when and where 6-102 this Council will hear any objections or protests to said Amended Reassessments for the Reassessment Number 12649-02, which was previously recorded on the _ day of , _ in Book _, Page _' Document No. _- , and will consider and finally determine whether the public interest, convenience and necessity require said Amended Reassessment, and when and where it will consider and [mally act upon said Report. 4. The City Clerk of the City of Chula Vista shall cause notice of said hearing to be given by publication once a week for two (2) weeks in a local newspaper published and circulated in the City of Chula Vista. The first publication of said notice shall be completed at least fifteen (15) days before the date herein set for said hearing. Said notice shall be headed "Notice of Hearing on Amended Reassessment" and shall state: the filing of said Report; the date, time and place set for and purpose of the hearing on said Report and of protests; a brief description of the proposed Amended Reassessment; that any person interested in the original Reassessment or in the lands affected thereby or in the bonds secured thereby may appear and protest as provided in Part 10 of Division 10 of the Streets and Highways Cbde of California; and that reference is made to said Report for further particulars. Presented by Approved as to form by Amy Partosan Administrative Analyst II Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of November 2008 by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: Donna R. Norris, CMC, Interim City Clerk 6-103 STATE OF CALIFORNIA ) COUNTY OF SA,,! DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certifY that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day ofNovernber 2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 6-104 SECTION 7 NOTICE OF HEARING ON AMENDED REASSESSMENTS 5-105 NOTICE OF HEARING ON At'1ENDED REASSESSMENTS CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSlVlliNT DISTRICT NO. 2001-2 NOTICE IS HEREBY GIVEN that pursuant to the order of the City Council (the "Council") of the City of Chula Vista, the Superintendent of Streets has caused to be filed Reassessment Apportionment Reports including an Amended Reassessment Diagram with the parcels shown as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, within Reassessment District No. 2001-1 and Reassessment Number 12649-02 within ,Reassessment District No. 2001-2. The Reassessment Apportionment Reports have been preliminarily approved by this Board pursuant to Resolution No. adopted on November 18, 2008, to all of which reference is hereby made for further particulars. NOTICE IS FURTHER GIVEN that on December 16,2008, at the hour of 6 o'clock p.m. at the regular meeting place of the City Council of the City ofChula Vista, a hearing will be he ld concerning said Amended Reassessments, at which time all persons interested in said original Reassessments, or in the lands affected thereby, or in the bonds secured thereby, may appear and protest against the same as provided in Part 10 of Division 10 of the Streets and Highways Code of California. Contact hearing. at the City of Chula Vista at L-) regarding this ' Dated: ,2008 City Clerk City of Chula Vista County of San Diego State of California PUBLISH DATES: 6-106 NOTICE TO PROPERTY OWNERS SECTION 8 6-1-07 Local Government Solutions I . .. ."". ., ,1. oj..... '1'IIlG_, '~ 0 if.: r ~ ......1l. ~ .ii. , U ~ fi: . ij' L '1 "'" ,,-\ ~ l.z.:.,.. -.. $ CertliledForo AellJrnRecei'ptFa& ~" (Ei:do:rsemsnt P~cd) He., R~d 1J3![vmy Fee (EPdorsaaront Requl~ Tctal~W3 & Foe:! $ Nls/s VIA CERTIFIED MAIL o o o o June 24, 2008 o f'- LrJ ru Fask Land Inc. P.O. Box 2008 EI Cajon, CA 92021 RE: CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-2 REASSESSMENTAPPORnONMENTREQWREM8 APN(s): 644-040-78-00 LrJ o o f'- To Whom It May Concem: The above referenced parcel lies within the boundaries of the City of Chula Vista "REASSESSMENT DISTRICT NO. 2001-Z'. Whenever a property subdivides in a 1915 Act Assessment District the reassessment lien needs to be subdivided to each of the newiy created parcels, through what's called an "Apportionment Process: The apportionment process consists of filing an Amended Reassessment Diagram, a Notice of Amended Reassessment, and reconfiguring the original lien amounts to the newly created parceis based upon benefit received. Our files indicate that the above referenced parcel has not undergone the apportionment process, and the purpose of this letter is to notify you that this process will need to be completed. At this point you have two options to proceed: 1) Immediate payoff of the reassessment lien on your property in full. A payoff quote can be obtained by calling NIBIS at (800) 676- 7516. OR 2) (Recommended Method) Have the reassessments apportioned to each of the newly created parcels by filling out the enclosed Application for Assessment Apportionment and paying the $990.00 fee to the City of Chula Vista together with a copy of the final tract or recorded map (with an 8y," x 11" reduced copy) by July 31, 2008. If you choose to do nothing, which is not recommended, The City will take an altemate route. The City of Chula Visla will apportion the reassessment lien on your property on your behalf through the Public Hearing Method, and this will result in additional costs up to $2,060:00 that would be applied to the next County Tax Bills of the newly created parcels. The Public Hearing Method requires three (3) Resolutions to be approved by the City Council and a Notice to be published and posted by the City Clerk. The costs related to these administrative procedures are added to the first year's levy and paid by the property owner of the newly created parcels. Filling out the application and paying the fee listed under Option 2 bypasses the Public Hearing Method and saves you and the City the cost of these additional administrative procedures. NOTICE IS HEREBY GIVEN that a payment in the amount of $990.00 must be made payable to the CITY OF CHULA VISTA, by July 31, 2008 in order to file the apportionment requirement. If you have any questions pertaining to this process please feel free to contact me at (800) 676-7516. ~~~~~/U~ VJ:~~~~U 'VVf'- ~ Resource Analyst Enclosure cc: Amy Partosan, City of Chula Vista 32605 Temecula Parkway, Suite 100 I Temecula, CA 92592 I Tel: 951.296.1997 I Toll-free: 800.676.7516 1 Fax: 951296.1998 ":::;5 n:::.~,::, "-,2e;,. !he :=.":'I.~S: .s'';''''c';''''!:;i~' C:'"!'.::-:::;!" ::;L:::..:'::, _~'-' '.' ""'~.;:-:lr'~,~,.:: :(.~,~~: ,;-e;"a';j'=rr:'::~:. 6-108 SECTION 9 RESOLUTION CONFIRMING AMENDED REASSESSMENTS 6-109 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CO~'FIRMING AN AMENDED REASSESSwl:ENT WITIITN REASSESSNlENT DISTRICT NO. 20.0.1-2 AI~D DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 20.01-2 under and pursuant to state law; and WHEREAS, this Council adopted Resolution No. _-_' entitled "Resolution of the City Council of the City ofChula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 20.0.1 ~2 Pursuant To Part 1 a of Division 1 a of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk the Reassessment Apportionment Report (the "Report"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Number 12649-0.2, which was previously recorded on the _ day of , _ in Book _, Page _, Document No. _- , segregating and apportioning the unpaid instalLinents of the original Reassessment in accordance with the benefits to the several parts of the original parcel; and WHEREAS, said Report was duly made and filed, and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said Report should stand as the Report for all subsequent proceedings under and pursuant to the aforesaid Resolution No. ; and WHEREAS, December 16,20.0.8, at the hour of 6 o'clock p.m., in the regular meeting place of this Council, was appointed as the time and place for hearing protests in relation to the Amended Reassessment Diagram and Amended Reassessment Roll of the parcel of land designated as Reassessment Number 12649-0.2, which was previously recorded on the _ day of _' _ in Book _, Page _, Document No. _- , segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefit of the parts of the original parcel, plus costs and fees of making such apportionment, notices of which hearing were duly and regularly published; and WHEREAS, said hearing was duly and regularly held, and all persons interested in the original Reassessment, or in the land affected thereby or in the bonds secured thereby desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said Amended Reassessment was fully heard and considered by this Council, and all protests, both written and oral, were duly heard and considered; 6-110 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as the legislative body of Reassessment District No. 2001-2, as follows: I. All written and oral protests are hereby overruled, and this Council has thereby acquired jurisdiction to order said Amended Reassessment and re-confrrms said Amended Reassessment Diagram and Amended Reassessment Roll, referenced herein, and the costs and expenses thereof. 2. Said Amended Reassessment Diagram and said Amended Reassessment Roll, referenced herein, filed with the City Clerk pursuant to "Resolution of the City Council of the City of Chula Vista Ordering the Making. of Amended Reassessment Within Reassessment District No. 2001-2 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto" is hereby, ratified, approved, and re-confirmed. 3. The City Clerk of the City of Chula Vista shall forthwith: a) cause an Amended Notice of Reassessment, amending the Notice of Reassessment which was previously recorded on the _ day of _, Document Number _- for the Reassessment Number 12649-02, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Notice of Reassessment to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California; b) cause an Amended Reassessment Diagram; amending the Reassessment Diagram which was previously recorded on the _ day of In Book _, Page _, Document No. _- for the Reassessment Number 12649-02, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Reassessment Diagram to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California; c) deliver the Amended Reassessment Roll to the Superintendent of Streets, together with the Amended Reassessment Diagram, as approved and re- confirmed by this Council, with a certificate of such confirmation and the date thereof, executed by the City Clerk of the City of Chula Vista thereon. The Superintendent of Streets will record the Amended Reassessment Diagram and Amended Reassessment Roll in his office in a suitable book to be kept for that purpose, and appended thereto his certificate of the date of such recording, and such recordation shall be and constitute the Amended Reassessment Roll herein. . 6-111 Presented by Approved as to form by Amy Partosan Administrative Analyst II Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of December 2008, by the following vote: AYES: NOES: ABSENT: Cheryl Cox, Mayor ATTEST: Donna R. Norris, CMC, Interim City Clerk STATE OF CALlFORNlA ) COUNTY OF SAN DlEGO ) CITY OF CHULA VISTA) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of December 2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 6-112 SECTION 10 NOTICE OF AMENDED REASSESSMENTS 6-113 Recordinq requested by: City of Chula Vista cia NIBIS 32605 Temecula Parkway, Ste. 100 T emecula, CA 92592 After recordation. return to: City of Chula Vista cia NIBIS 32605 Temecula Parkway, Ste. 100 T emecula, CA 92592 NOTICE OF AMENDED REASSESSMENT ASSESSMENT DISTRICT NO. 2001-2 AMENDING REASSESSMENT NO. 12649-02 Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Chula Vista, County of San Diego, State of California. hereby gives notice that an Amended Reassessment Diagram and Reassessment Roll were recorded in the office of the Superintendent of Streets of the City, as provided for in said Section, and relating to the real property more particularly described on the Amended Reassessment Diagram filed in accordance with said Section on the day of ,200 in Book , Page(s) , Document No. Book of Maps of Assessment and Community Facilities Districts of the San Diego County Recorder. Said Amended Assessment Diagram amends "Reassessment District No. 2001-2 Reassessment Diagram" filed on the _ day of ,20_ in the office of said County Recorder in Book _, at Page _, Document No. of Maps of Assessment and Community Facilities Districts. Notice is further given that upon the recording of this Notice in the office of said County Recorder, the several assessments assessed on the lots, pieces and parcels as shown on said filed Amended Assessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the Amended Assessment Diagram and Assessment Roll recorded in the office of said Superintendent of Streets of the City-for the amount of each of the amended Assessments. Exhibit.. A" hereto attached, and by this reference incorporated herein, shows the parcels subjecl to the amended assessments. City Clerk, City of Chula Vista, San Diego County Date 6-114 EXHIBIT "A" CITY OF CHULA VISTA REASESSMENT DISTRICT NO. 2001-2 AMENDING REASSESSMENT NO. 12649-02 Old Reassessment New Reassessment APN Number APN Number 644-040-64-00 - 644-040-81-00 12649-02A 644-040-77-00 - 644-040-82-00 12649-028 644-040-78-00 12649-02 Owner of Record: Fask Land Inc. Page 1 of 1 6-115 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE NlAKING OF .Ac.MENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1 PURSUANT TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, pursuant to the Improvement Bond Act of 1915 and Resolution No. 2001- 211, entitled "Resolution of the City Council of the City of Chula Vista Approving the Report of the Assessment Engineer and Confirming Reassessments within Reassessment District 2001-1", adopted by this Council on the 10th day of July, 2001, special reassessments were confirmed to pay the costs of the acquisitions and improvements as more particularly described in said Resolution. Said Reassessments are set forth on a Reassessment Diagram and Reassessment Roll, heretofore confirmed by this Council and filed and recorded with the City Clerk of the City of Chula Vista, County of San Diego; and WHEREAS, certain parcels of land designated as Reassessment Numbers 1658-1, 1658- 743, 1658-411 and 1658-412, upon which there are unpaid Reassessments where bonds have been issued under the Improvement Bond Act of 1915, commencing with Section 8500 of the Street and Highways Code of California, have been divided so that they no longer conform to the original parcel boundaries as shown on said Reassessment Diagram. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as the legislative body of Reassessment District No. 2001-1, as follows: The Superintendent of Streets of the City of Chula Vista shall cause to be tiled with the City Clerk the Reassessment Apportionment Reports, an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Number 1658-1, 1658-743, 1658-411 and 1658- 412, which were previously recorded on the 22nd day of August 2001 in Book 35, Page 36, Document No. 2001-0599190, segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefits to the several parts of the original parcels. Richard A. Hopkins Director of Engineering Presented by /~\ i 1 , ! H:\ENGINEER\RESOSIResos2008\12-09-08\Rcso 1_ QrdAmcndAssess ZOOl-I-JDSM R.o!\P ~e'11609-08.doc RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PRELIMINARILY APPROVING fuvfENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1, ORDERING THE PlTBLIC HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, this Council heretofore adopted Resolution No. 2001-211, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Number 1658-1, which was previously recorded on the nod day of August 2001 in Book 35, Page 36, Document No. 2001-0599190, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcels. WHEREAS, said Report, have been made and filed and duly considered by this Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as the legislative body of Reassessment District No. 200 I-I, as follows; 1. Said Reports as a whole and each part thereof, to wit: . (a) the Amended Reassessment Diagram showing the Amended Reassessments and dimensions of the respective amended subdivisions of land with respect to said Amended Reassessments; (b) the apportionment of the total amount of the costs and expenses of the proposed Amended Reassessments upon the amended subdivisions of land in proportion to the estimated benefits to be received by said amended subdivisions, respectively, and of the expenses incidental thereto; are sufficient and are preliminarily approved. 2. Said Report shall stand as the Report for the purpose of all subsequent proceedings herein. H;\E:->GINEER'.RESOSIRes<l,2008\11-09-08IReso2_AppPretimAmcndAssess 2001-I-Jc&.n;t.-JP 7cv _11-09-D8.doc Resolution No. 2008- Page 2 3. January 6, 2009, at the hour of 4 o'clock p.m., in the regular meeting place of this Council, is hereby appointed and fixed as the time and place when and where this Council will hear any objections or protests to said Amended Reassessments for the Reassessment Number 1658-1, 1658-743, 1658-411 and 1658-412, which was previously recorded on the 22nd day of August 2001in Book 35, Page 36, Document No. 2001-0599190, and will consider and finally determine whether the public interest, convenience and necessity require said Amended Reassessments, and when and where it will consider and finally act upon said Report. 4. The City Clerk of the City of Chula Vista shall cause notice of said hearing to be given by publication once a week for two (2) weeks in a local newspaper published and circulated in the City of Chula Vista. The first publication of said notice shall be completed at least fifteen (15) days before the date herein set for said hearing. Said notice shall be headed "Notice of Hearing on Amended Reassessments" and shall state: the filing of said Reports; the date, time and place set for and purpose of the hearing on said Reports and of protests; a brief description of the proposed Amended Reassessments; that any person interested in the original Reassessments or in the lands affected thereby or in the bonds secured thereby may appear and protest as provided in Part 10 of Division 10 of the Streets and Highways Code of California; and that reference is made to said Reports for further particulars. Presented by Approved as to form by Richard A. Hopkins Director of Engineering H;\ENG I SEER\RESOS\Resos2008\ I:! -09-08\R~so2 _ AppPreiimAmendAssess 200 1-1.J c&.Mtel-~P 8e" _12 -09-08.doc RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA V1STA ORDERING THE MAKING OF AN ALYfENDED REASSESSMENT WITHIN REASSESStvfENT DISTRICT NO. 2001-2 PURSUANT TO PART 10 OF DIVISION 10 OF THE STREETS AND HIGHWAYS CODE AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-2 under and pursuant to state law; and WHEREAS, pursuant to the Improvement Bond Act of 1915 and Resolution No. 2001- 212, entitled "Resolution of the City Council of the City of Chula Vista Approving the Report of the Assessment Engineer and Confirming Reassessments within Reassessment District 2001-2", adopted by this Council on the 10th day of July, 2001, special reassessments were confirmed to pay the costs of the acquisitions and improvements as more particularly described in said Resolution. Said Reassessments are set forth on a Reassessment Diagram and Reassessment Roll, heretofore confirmed by this Council and filed and recorded with the City Clerk of the City of Chula Vista, County of San Diego; and WHEREAS, a certain parcel of land designated as Reassessment Number 12649-02, upon which there is an unpaid Reassessment where bonds have been issued under the Improvement Bond Act of 1915, commencing with Section 8500 of the Street and Highways Code of California, has been divided so that it no longer conforms to the original parcel boundary as shown on said Reassessment Diagram. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as the legislative body of Reassessment District No. 2001-2, as follows: The Superintendent of Streets of the City of Chula Vista shall cause to be filed with the City Clerk the Reassessment Apportionment Report, an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Number 12649-02, which was previously recorded on the 22nd day of August 2001 in Book 35, Page 37, Document No. 2001-0599257, segregating and apportioning the unpaid installments of the original Reassessment in accordance with the benefits to the several parts of the original parcel. Approved as to form by ~ f(x'/ (j " U.<" >, IdJ,OoJ C,\Bartiti Miesfi' ,; I I. /. V (~ Int<;1)m CIty Attorney Presented by Richard A. Hopkins Director of Engineering H :\Er-;G I NE ER\RESOS\R<:SQs2008\ I 2.09-08\R~soJ _ OmA",~ndAsscs" 200 \ -2 -J os M RD.,V' ~evl19o<)-o8_doc RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PRELIMINARILY APPROVING A.I\1ENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-2, ORDERING THE PUBLIC HEARING, AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the "Council") of the City of Chula Vista, caused the formation of Reassessment District No. 2001-2 under and pursuant to state law; and WHEREAS, this Council heretofore adopted Resolution No. 2001-212, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-2 Pursuant To Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk Reassessment Apportionment Report (the "Report"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Number 12649-02, which was previously recorded on the 22nd day of August, 2001 in Book 35, Page 37, Document No. 2001-0599257, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcels. WHEREAS, said Report, have been made and filed and duly considered by this Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as the legislative body of Reassessment District No. 2001-2, as follows: 1. Said Reports as a whole and each part thereof, to wit: (a) the Amended Reassessment Diagram showing the Amended Reassessment and dimensions of the respective amended subdivision of land with respect to said Amended Reassessment; (b) the apportionment of the total amount of the costs and expenses of the proposed Amended Reassessment upon the amended subdivision of land in proportion to the estimated benefits to be received by said amended subdivision, respectively, and of the expenses incidental thereto; are sufficient and are preliminarily approved. 2. Said Report shall stand as the Report for the purpose of all subsequent proceedings herein. H:\ENG1NEERlRESOS\Resos2008\12.09-08\Reso4_AppPrelimAmendAssess 200t_2_Jc6:vn1_2r@.eV_\2.09.0S.dOC ~_.~..- -'.'" Resolution No. 2008- Page 2 3. January 6, 2009, at the hour of 4 o'clock p.m., in the regular meeting place of this Council, is hereby appointed and fixed as the time and place when and where this Council will hear any objections or protests to said Amended Reassessments for the Reassessment Number 12649-02, which was previously recorded on the 22nd day of August, 2001 in Book 35, Page 37, Document No. 2001-0599257, and will consider and finally determine whether the public interest, convenience and necessity require said Amended Reassessment, and when and where it will consider and finally act upon said Report. '.... .... '" 4. The City Clerk of the City of Chula Vista shall cause notice of said hearing to be given by publication once a week for two (2) weeks in a local newspaper published and circulated in the City of Chula Vista. The first publication of said notice shall be completed at least fifteen (15) days before the date herein set for said hearing. Said notice shall be headed "Notice of Hearing on Amended Reassessment" and shall state: the filing of said Report; the date, time and place set for and purpose of the hearing on said Report and of protests; a brief description of the proposed Amended Reassessment; that any person interested in the original Reassessment or in the lands affected thereby or in the bonds secured thereby may appear and protest as provided in Part 10 of Division 10 of the Streets and Highways Code of California; and that reference is made to said Report for further particulars. Presented by Approved as to form by Richard A. Hopkins Director of Engineering '--'\ .~( /J ' ~ '1 .,' '\ I / /) / . /' tb I II Ii / / / /;u-,'" /1)1 I/O V U..v" (J,.l3-:1rt 9:lVhesfe IJ:,;" 'IT: fpterirr.lCity Attorney \ ~/ H:\El'iGINEER\RESOS\Resos2008\J 2.0Q-Q8\Reso4 _AppPrelimAmendAssess 200 1-2-1cG.n~LZ, lev _12.09-08.doc CITY COUNCIL AGENDA STATEMENT DECEMBER 9, 2008, Item f-- ITEM TITLE: REPORT REGARDING DEVELOPMENT IMPACT FEES, PARK ACQUISITION AND DEVELOPlvIENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUND FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2008 DEPUTY CITY MANAGER DIRECTOR OF. FINANCE/TREA~R~ DIRECTOR OF ENGINEERING~ INTERJM CITY MANAGER '? 'i SUBMITTED BY: REVIEWED BY: SUMMARY S tate Government Code Section 66000 requires local agencies assessing Development Impact Fees (DIF) and sewer capacity charges to make available specified financial data to the public each fiscal year. The attached reports satisfy that requirement and have been available in the City Clerk's office for public review since November 24,2008. 4/5THS VOTE: YES D NO 0 Local agencies are also required to make findings every five years for any DIF funds remaining unexpended that identify the purpose of the fee and demonstrate a reasonable relationship between the fee and the purpose for which it was charged. This year, the City has not identified unexpended fees that were on deposit for five or more years. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that filing of this annual report is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. Although environmental review is not necessary at this time, once projects that will be funded through the DIFs have been defined, environmental review will be required and a CEQA determination completed prior to commencing any projects. RECOMMENDA nON Council accept the report. 7-1 DECEMBER 9, 2008, Item~ Page 2 of7 BOARDS/COMiVIISSION RECOM-MENDATlON Not Applicable. DISCUSSION The City of Chula Vista collects several types of Development Impact Fees (OIF) , Parkland Acquisition and Development fee, and Trunk Sewer Capital Reserve fee, which were assessed during the fiscal year ending June 30, 2008. The major categories of facilities financed via OIF include transportation, traffic signals, pedestrian bridges, drainage, sewer, and public facilities. Development Impact Fees are updated in two manners, either via a comprehensive DIF program review, or via a Cauncil enacted automatic annual adjustment, based upon an appropriate index. Na DIF programs were camprehensively updated during the subject fiscal year. In October of 2007, the following autamatic index based annual adjustments went into effect: . Transpartatian DIF was increased from $10,455 ta $10,777 per equivalent dwelling unit (EDU). . Traffic Signal fee was increased fram $27.70 ta $28.55 per average daily vehicle trip. . Otay Ranch Village 11 Pedestrian Bridge DIF was increased from $1,865 to $1,930 per single family dwelling unit. . Parkland Acquisitian and Development fee was increased from $9,122 to $9,249 for Areas West .of 1-805 and $16,804 to $16,931 for Areas East of 1-805 A new Transportatian DIF fee was also adapted this year that is applicable ta develapment west .of the Interstate 805 freeway. The Western Transpartation Development Impact Fee (WTDIF) was approved by Council an March 4,2008, with an initial fee of$3,243 per EDU. Other fees addressed in this report remain at the same rate as the previous fiscal year. DEVELOPMENT IMPACT FEES TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) This fee was adapted on January 12, 1988 by Ordinance 2251 ta finance and coordinate the constructian .of new transportation facilities sa that streets are built when needed. This fee is applicable to all new development east of Interstate 805. Prior to the program, streets were built by developers in a fragmented fashion with 6-1ane facilities, necking down to 2-lanes and expanding back to 6 lanes again. In addition, there was a fairness issue since some developers fronted on large streets and others did not. Now all developers in the Eastern portion .of Chula Vista pay the same fee per dwelling unit and either the City constructs the street or a developer daes. If the developer constructs the street they will receive a TDIF fee credit when they apply for a building pelmit. . 7-2 DECEMBER 9,2008, ItemL Page 3 of7 The TDIF program was last comprehensively updated in 2005, increasing the fee per EDU to $10,050. This fee was subject to an annual index-based adjustment; in October of2007 the fee was increased to $10,777 per EDU. The fees for other land use types, as well as detailed fiscal year 2007/08 fmancial information, are presented in Attachment A, Schedule 1. WESTERl'l/ TRANSPORTATION DEVELOPMENT IMPACT FEE (WTDIF) This fee was adopted on March 18, 2008 by Ordinances 3106 to 3110 to finance and coordinate the construction of new transportation facilities on the west side of the City as well as spread the costs associated with the construction of the facilities equitably among the developing properties within the benefit area. This fee is applicable -to all new development west of Interstate 805. This fee is subject to an annual index-based adjustment in July I of each year beginning in 2009. There was no reportable activity for the period ending June 30, 2008. TRAFFIC SIGNAL FEE This fee was adopted to provide for the projected traffic signal needs of the City that result from increases in traffic volwne caused by development. As funds are accumulated they are expended on traffic signal projects. This citywide fee is assessed per trip generated, and was increased from $27.70 to $28.55 per trip in October 2007. Detailed fiscal year 2007/08 financial information is presented in Attachment A, Schedule 2. TELEGRAPH CANYON DRAINAGE DIF This fee is applicable to all new development within the Telegraph Canyon Drainage Basin and has remained unchanged since 1998. Detailed fiscal year 2007/08 financial information is presented in Attachment A, Schedule 3. TELEGRAPH CANYON GRAVITY SEWER DIF This fee is for the expansion of the trunk sewer within the basin for tributary properties. The fee has remained unchanged at $216.50 per EDU since 1998. Detailed fiscal year 2007/08 financial information is presented in Attachment A, Schedule 4. PUMPED SEWER DIF This fee was adopted by the City to finance the facilities necessary for the Telegraph Canyon sewer main due to out-of-basin flows from the Salt Creek Basin. The fee was repealed in November 2004 under Ordinance 2990-A due to the construction of Salt Creek Trunk Sewer and there is no longer any needto pwnp flows out of the Salt Creek Basin. The fund was closed to the Trunk Sewer Capital Reserve fund in fiscal year 2007/08. Detailed fiscal year 2007/08 financial information is presented in Attachment A, Schedule 4. 7-3 DECEMBER 9, 2008, Iteml Page 4 of7 POGGI CANX'ON SEWER BASIN DEVELOPMENT IMP ACT FEE This fee was adopted to provide the necessary fmancing to construct a trunk sewer in the Poggi Canyon Sewer Basin from a proposed regional trunk sewer west of Interstate 805 along Olympic Parkway to the boundary of Eastlake. The fee was established at $400 per equivalent dwelling unit and has remained unchanged since 1997. Detailed fiscal year 2007/08 financial information is presented in Attachment A, Schedule 4. SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE This fee was adopted to provide the necessary financing to construct the Salt Creek Interceptor. This fee is applicable to the Salt Creek Sewer Basin, a portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, Wolf Canyon Basin, and a portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. The fee for fiscal year 2007/08 was $1,330 per EDU under Ordinance 2974-A dated August 17, 2004. Detailed fiscal year 2007/08 fmancial information is presented in Attachment A, Schedule 4. OT A Y RANCH VILLAGE 1, 2, 5; & 6 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE This fee was adopted to provide the necessary financing to construct the facilities. The fee program was amended in February 2007 to include Otay Ranch Village 2. This action amended both the program's area of benefit and facility list. Construction costs were also revised and a new fee of $1,114 per EDU was established. This represents an increase of $331 as compared with the previous rate of $783 per EDU. Detailed fiscal year 2007/08 financial information is presented in Attachment A, Schedule 5. OTAY RANCH VILLAGE 11 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE This fee was adopted to provide the necessary financing to construct four pedestrian bridges in Otay Ranch Village 11. This fee was increased from $1,865 to $1,930 per EDU in October of 2007. Detailed fiscal year 2007/08 financial information is presented in Attachment A, Schedule 5. PUBLIC FACILITIES DIF The Public Facilities DIF is a citywide fee with several components levied to fund that portion of public facilities projects attributable to new development. The total fee for all components was increased in October 2007 from $7,890 to $8,136 per EDU. Detailed fiscal year 2007/08 financial information is presented in Attachment A, Schedule 6. The active components of the Public Facilities DIF with the current fees are as follows: ADMINISTRATION ($536) - Administration of the Public Facilities DIF program, overseeing of expenditures and revenues collected, preparation of updates, calculation of costs, etc. 7-4 DECEMBER 9, 2008, Item~ Page 5 of7 CIVIC CENTER EXP Al';"SION ($2,264) - Expansion of the Civic Center per the 1989 Civic Center Master Plan to provide sufficient building space and parking due to growth and development. The Civic Center Master Plan was updated in July 2001 to include the Otay Ranch impacts. POLICE FACILITY ($1,497) - Accommodation of the building space needs per the Civic Center Master Plan,. which included the newly constructed police facility, upgrading of the communications center and installation of new communication consoles. Also included is the purchase and installation of a computer aided dispatch system (CAD), Police Records Management System, and Mobile Data Terminals. CORPORATION YARD RELOCATION ($403) - Relocation of the City's Public Works Center from the bay front area to the more centrally located site on Maxwell Road. LIBRARIES ($1,302) - Improvements include construction of the South Chula Vista library and Eastern Territories libraries, and installation of a new automated library system. This component is based on the updated Library Master Plan. FIRE SUPPRESSION SYSTEM ($1,144) - Projects include the relocation of Fire Stations 3 and 4, construction of a fire training tower and classroom, purchase of a brush rig, installation of a radio communications tower and construction of various fire stations in the Eastern section of the City. This fee also reflects the updated Fire Station Master Plan, which includes needs associated with the Otay Ranch development. MAJOR RECREATION FACILITIES (S988) - New component adopted in November 2002 to build major recreation facilities created by new development such as community centers, gymnasiums, swimming pools, and senior/teen centers. Although the majority of project costs are to be borne by new development, it is important to note that various components or specific projects within a component contain both a City and new development cost share. The City share often reflects "joint impetus" projects, which are necessitated by both growth and non-growth factors and/or the City's obligation to corr.ect pre- existing space/equipment deficiencies. The PFDIF fees only relate to new development's cost share for each component. PARKLAND AQUISITION AND DEVELOPMENT (PAD) FEES This in-lieu fee was adopted by the City to acquire neighborhood and community parkland and to construct parks and recreational facilities. The Parkland Acquisition and Development fee was increased in October 2007 from $9,122 to $9,249 for Areas West of I-80S and $16,804 to $16,931 for Areas East of I-80S. Detailed fiscal year 2007/08 financial information is presented on Attachment B. 7-5 DECEMBER 9, 2008, Iteml Page 6 on TRUNK SEWER CAPITAL RESERVE FEES This fee was established to pay all or part of the cost and expense to enlarge sewer facilities of the City so as to enhance efficiency of utilization and/or adequacy of sewer capacity. Detailed fiscal year 2007/08 financial information is presented on Attachment C. FISCAL YEAR 2007108 FINANCIAL INFORt\1A nON Attachment A, Schedules 1 through 5 reports the required financial information for all DIF, other than the Public Facilities DIF. Attachment A, Schedule 6 reports the required financial infOlmation for the Public Facilities DIF and its components. Attachment B reports the required financial information for the PAD fees. Attachment C reports the required information for the Trunk Sewer Capital Reserve fees. The schedules contain the following items: o The beginning balances as of July 1,2007. . The fees received during the fiscal year ended June 30, 2008. o Other miscellaneous revenues received during the fiscal year ended June 30, 2008. o The interest earned from investing the cash balances available in each fund during the fiscal year ended June 30,2008. o The expenditures from each of the funds during the fiscal year ended June 30, 2008. . A description of each capital project with expenditures funded entirely or in part by DIF /P AD/Trunk Sewer in fiscal year 2007/08 and the percentage of the project funded by this fee through fiscal year 2007/08. More detailed information on any project is available in the annual Capital Improvement Project (CIP) Budget. . Information on any loans from DIF/PAD/Trunk Sewer Capital Reserve funds during fiscal year 2007/08. o The ending balances as of June 30, 2008 for each of the DIF/PAD/Trunk Sewer Capital Reserve Funds. o The amount, description and purpose of the fee. D An identification of an approximate date by which the construction of the public improvement will commence. The ending balances as of June 30,2008 are in the process of being audited as part of the audit of citywide financial statements, and are therefore subject to adjustment. FINDINGS REQUIRED FOR FUNDS IN POSSESSION OVER FIVE YEARS Government Code Section 66001 (d) requires the local agency to make findings every five years with respect to any portion of the DIF fees remaining unexpended to identify the purpose for which it was charged. There are no funds currently on account remaining unexpended for five or more years, therefore no additional finding is necessary. Copies of this report were sent to the Building Industry Association of San Diego, the Eastlake Development Company, the McMillin Companies, the Otay Ranch Company, the Otay Land Company, Trimark Pacific Homes and Brookfield Homes. 7-6 DECHvillER 9,2008, Iteml Page 7 of7 DECISION MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations section 18702.4(a). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't . Code S 87100, et seq.). FISCAL IMPACT This is an informational report and there IS no fiscal impact associated with accepting or rejecting this report. ATTACIL\1ENTS A. Schedules 1 through 6: fiscal year 2007/08 Financial Information for all DIFs including Public Facilities DIF B. Fiscal year 2007/08 Financial Information for PAD fees C. Fiscal year 2007/08 Financial Information for Trunk Sewer Capital Reserve fees Prepared by: Phillip Davis, Assistant Director, Finance Department Evelyn Ong, Fiscal Operations lvlanager, Finance Department Karim Galeana, Senior Accountant, Finance Department Tiffany Allen, Fiscal and Management Analyst, Office of Budget Analysis 7-7 ATTACHMENT A SCHEDULE 1 TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF) FY 07/08 REVENUES AND EXPENDITURES Description of Fee: To finance the construction of traffic and transportation improvements in support of future development. Amount of the Fee: $ 10,777 8,622 6,466 172,432 86,218 per single family equivalent dwelling unit detached per singie family equivalent dwelling unit attached (med density) per multi-famiiy equivalent dwelling unit per general commercial gross acre per industrial gross acre FY 07/08 FUND BALANCE INFORMATION: -.J FUND 591 I (X) TRANSPORTATION DIF Beginning Balance, 07/01/07 $ 25,817,119 TDIF Fees Collected 471,713 Transportation State Share Interest Earned 1,171,546 Miscellaneous Revenues Forgiveness of debt Transfer-In Expenditures: Supplies & Services (47,142) City Staff Services (619,673) SR-125 DIF Refunds (2007-182) (1,800,000) Debt Payment - Calease Fiscal Sys Transfer-Out - 2003 Refunding COP (4,156) CIP Project Expenditures (738,403) Unaudited Ending Balance, 06/30108 $ 24,251,004 ATTACHMENT A SCHEDULE 1.1 TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF) FY 07/08 REVENUES AND EXPENDITURES FY 07/08 CIP EXPENDITURES: PROJECT Total Appropriation Future % Of Project Initially. PROJECT DESCRIPTION EXPENDITURES as of 6/30108 Appropriations Funded by TDIF Scheduled GG183 G I S-O rthophotog raphy/T opograph 17,870 60,370 25.37% 2003 STL261 Willow St Bridge Widening 74,051 1,087,740 48.94% 1999 STM328 99 Orange Ave 1-805 Inter 86,923 4,953;678 16.88% 1999 . STM331 98 E. Orange Extension 39,194 4,459,904 99.47% 1999 ...., STM350 South Circulation Network 212 155,000 100.00% 2003 cb STM351 Main St Dual Left Turn Ln-180 19,778 2,214,117 100.00% 2002 STM355 Otay Lakes Road Widening, East H to Canyon 395,205 900,000 100.00% 2003 STM356 Ramp Widenin9 on E. H St and 1-805 Northbound 71 3,333,240 98.74% 2004 STM357 Rock Mtn Rd - Heritage to La Media 70 232,000 91.23% 2004 STM364 Heritage Road Bridge Reconstrc 6,145 1,820,000 52.00% 2007 TF274 Traffic Count Stations 11,372 210,000 100.00% 2002 TF312 Transportation Planning Program 87,272 400,000 100.00% 2003 TF329 Traffic Management Center 81 200,000 100.00% 2007 TF357 SR125 Corridor and Arterial Ops 159 100,000 100.00% 2007 TOTAL CIP EXPENDITURES $ 738,403 ATTACHMENT A SCHEDULE 2 TRAFFIC SIGNAL DEVELOPMENT IMPACT FEES FY 07/08 REVENUES AND EXPENDITURES Description of Fee: For City's traffic signal needs resulting from increased traffic volume caused by new development. Amount of the Fee: $ 28.55 per trip FY 07/08 FUND BALANCE INFORMATION: FUND 225 TRAFFIC SIGNAL FUND Beginning Balance, 07/01/07 $ 3,837,641 -J I Traffic Signal Fees Collected Federal Grant Interest Earned Miscellaneous Revenues Transfer-In Expenditures: City Staff Services Reimbursement Other than Staff Services (2007-215) Transfer-Out - 2003 Refunding COP C1P Project Expenditures 499,457 238,500 197,635 ~ D (726) (49,904) (5,077) (470,660) Unaudited Ending Balance, 06/30/08 $ 4,246,866 ATTACHMENT A SCHEDULE 2.1 TRAFFIC SIGNAL DEVELOPMENT IMPACT FEES FY 07/08 REVENUES AND EXPENDITURES FY 07/08 CIP EXPENDITURES: FY 07/08 Total Appropriation Future % Of Project Funded Initially PROJECT DESCRIPTION EXPENDITURE as of 6130108 Appropriations by Traffic Signal DIF Scheduled TF263 Traffic Signal Interconnect 3,525 399,741 100.00% 2002 TF279 Install Illuminated Street Signs 271 155,500 45.70% 1999 -.J TF295 Traffic Signal Detection Replacement 21,179 217,500 79.00% 2002 J TF300 Traffic Signallnstl Hilltop I Oxford 3,036 449,401 100.00% 2003 ~ ~ TF310 Emergency Preemption-16 Intersection 4,765 450,000 100.00% 2003 TF316 Signal Installation-2nd & Quintard 361 200,000 100.00% 2003 TF317 Inters Impvt-Bonita Rd & Allen School Lane 299 181,351 100.00% 2004 TF319 Signal Modification Anita I Industrial 509 204,536 100.00% 2005 TF320 Signallnstl Greensgate IGreenvw 837 160,000 100.00% 2005 TF328 Audible Pedestrian Signal Modifications 3,378 200,000 66.67% 2006 TF330 Traffic Modification 4th I Main & 4th I Beyer 73,254 627,000 100.00% 2006 TF331 Traffic Modification 3rd I Montgomery 74,418 370,000 100.00% 2006 TF333 Uninterruptible Power Supply Replacement 45,241 120,000 100.00% 2005 TF335 Traffic Signal Installation Brandywine & Sequoia 66,113 342,000 100.00% 2007 TF337 Traffic Left Turn Modification Program 138 176,649 100.00% 2006 TF341 HES Improvements @ 4th Ave &k SI. 1,494 313,500 100.00% 2005 TF347 School Crosswalk Enhancement Colorado/Naples 23,881 40,000 100.00% 2008 TF348 Accessible Pedestrian Signal Facilities Upgrade 46,420 64,508 100.00% 2008 TF349 Traffic Signal Modification 1st Ave. ESt. Intersection 13,520 670,000 100.00% 2008 TF351 Traffic Signal Device Replacement 78,040 100,000 100.00% 2008 TF354 Traffic Congestion Relief Program 6,481 50,000 300,000 13.00% 2008 TF355 1805 Corridor Improvement Arterial Ops 3,500 50,000 33.33% 2008 TOTAL CIP EXPENDITURES $ 470,660 SCHEDULE 3 TELEGRAPH CANYON DRAINAGE DIF (TC DRAINAGE DIF) FY 07/08 REVENUES AND EXPENDITURES ATTACHMENT A Description of Fee: For construction of Telegraph Canyon channel between Paseo Ladera and the Eastlake Business Center and for a portion of the channel west of 1-805. Amount of the Fee: $ 4,579 per acre FY 07/08 FUND BALANCE INFORMATION: -.J I ~ N Beginning Balance, 07/01/07 TC Drainage Fees Collected Interest Earned Transfer-In Expenditures: Debt Service Payment to 03 Refunding COP CIP Project Expenditures Unaudited Ending Balance, 06/30/08 FY 07/08 CIP EXPENDITURES: PROJECT DESCRIPTION FY 07/08 EXPENDITURE Total Appropriation as of 6/30/08 FUND 542 TC DRAINAGE DIF $ 5,539,017 278,120 (1,027) (28,590) $ 5,787,520 Future Appropriations % Of Project Funded by DIF Initially Scheduled DR118 DR131 DR167 94 Telegraph Canyon Channel Impvts 97/Strrn Flow-TelCynlPoggi Telegraph Canyon Drainage Study Third & L 14,872 6,500 7,218 3,919,026 75,000 1,251,000 TOTAL CIP EXPENDITURES $ 28,590 100.00% 75.56% 100.00% 1994 1997 2006 ATTACHMENT A SCHEDULE 4 SEWER DEVELOPMENT IMPACT FEES FY 07/08 REVENUES AND EXPENDITURES Telegraph Canyon Gravity Sewer DIF (TC Gravity Sewer DIF) Fund 431 Pumped Sewer DIF (Pumped Sewer DIF) Fund 543 Poggi Canyon Sewer Basin DIF (PC Sewer Basin DIF) Fund 432 Salt Creek Sewer Basin DIF (SC Sewer Basin DIF) Fund 433 Description of Fee: Telegraph Canyon Gravity Sewer DIF: Pumped Sewer DIF: Salt Creek Sewer Basin DIF: Poggi Canyon Sewer Basin DIF: For the expansion of trunk sewer within the basin for tributary properties. For construction of facilities necessary to provide sewer service to developments within the pumped flow basin. For the planning, design, construction and/or financing of the -facilities. For the construction of a trunk sewer in the Poggi Canyon Sewer Basin from a proposed regional trunk sewer west of 1-805 along Olympic parkwa'y to the boundary of Eastlake. --J I ~ w Amount of the fee: Fund 431 Fund 543 Fund 432 Fund 433 TC Gravity Pumped PC Sewer SC Sewer Sewer DIF Sewer DIF Basin DIF Basin DIF per single family equivalent dwelling unit detached $ 216.50 $ $ 400.00 $ 1,330.00 per single family equivalent dwelling unit attached 216.50 400.00 1,330.00 per multi-family equivalent dwelling unit 162.38 300.00 997.50 Commercia! land use $216.50/edu $400/edu $1330/edu Industrial land use $216.50/edu $400/edu $1330/edu SCHEDULE 4.1 SEWER DEVELOPMENT IMPACT FEES FY 07/08 REVENUES AND EXPENDITURES FY 07/08 FUND BALANCE INFORMATION: Fund 431 TC Gravily Sewer DIF $ 1,030,881 $ 9,093 49,364 (74) (60,000) Reslaled Beginning Balance, 07/01/07 -.J I DIF Fees Collected Interest Earned Transfer-In Expenditures: Cily Slaff Services Depreciation Expense - Infrastructure Interest Paid Transfer Out to Fund 413 CIP Project Expenditures ~ -i'> Unaudited Ending Balance, 06/30/08 $ 1,029,264 $ 1,522,227 FY 07/08 CIP EXPENDITURES: PROJECT FY 07/08 EXPENDITURE Total Appropriation as of 6/30/08 DESCRIPTION Fund 543 Fund 432 Pumped PC Sewer Sewer DIF Basin DIF 2,880 $ 2,284.469 $ 48,986 117,143 (21,697) (2,880) (18,131) $ 2.410,770 $ Future Appropriations ATTACHMENT A Fund 433 SC Sewer Basin DIF 1,909,154 481,057 298,626 (62,927) (1,000,083) (103,600) % Of Project Funded by DIF Initially Scheduled Fund 432- POQqj Canyon Sewer Basin D1F STM331 DO/East Orange Avenue Extension SW226 Upgrade-Reach 205 of Poggi Cyn Tnk Sew 18,131 TOTAL CIP EXPENDITURES $ 18,131 Fund 433 - Salt Creek Sewer Basin OIF SW225 Wolf Canyon Trunk Sewer Canst SW219 99 Sit Crk Trunk Sew Construction SW245 Sail Creek Sewer Trnk Maintenance 103,586 14 TOTAL CIP EXPENDITURES $ 103,600 23,840 582,291 943,700 12,785,098 275,000 0.50% 29.10% 21.20% 39.60% 100.00% 1999 2002 2001 2000 2000 ATTACHMENT A SCHEDULE 5 OTAY RANCH PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE FY 07/08 REVENUES AND EXPENDITURES Otay Ranch Village 1,2, 5 & 6 Pedestrian Bridge DIF (OR Vii 1 & 5 Pedestrian Bridge DIF), Fund 587 Otay Ranch Village 11 Pedestrian Bridge DIF (OR Vil11 Pedestrian Bridge DIF), Fund 588 Description of Fee: OR Village 1 & 5 Pedestrian Bridge DIF: To finance the construction of pedestrian bridge improvement between Otay Ranch Villages 1,5 & 6. OR Village 11 Pedestrian Bridge DIF: To finance the construction of pedestrian bridge improvement in Otay Ranch Village 11. Amount of the fee: -.J I ~ Fund 587 OR Village 1, 2, 5 & 6 Ped Bridge DIF Fund 588 OR Village 11 Ped Bridge 01 F CJ1 per single family equivalent dwelling unit detache $ per multi-family equivalent dwelling unit $ 1,114.00 $ 826.00 $ 1,930.00 1,433.00 FY 07108 FUND BALANCE INFORMATION: FUND 587 OTAY RANCH DIF FUND 588 OTAY RANCH DIF Beginning Balance, 07101/07 $ 1,185,691 $ 14,760 43,001 (1,228,169) (5,440) 9,843 $ 1,748,698 DIF Fees Collected Interest Earned Otay Parkway Ped. Bridge (2008-102) City Staff Services 256,532 95,427 Unaudited Ending Balance, 06/30108 $ 2,100,657 Attachment A SCHEDULE 6 PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) FY 07/08 STATEMENT OF FUND BALANCE Description of Fee and amount: Admistration ($538) - Administratlon of the Public Facilities DIF program, overseeing of expenditures and revenues collected, preparation of updates, calculation of costs, etc. Civic Cenler Expansion ($2,264) - Expansion of the 1989 Civic Cenler per the Civic Center Master Plan to provide sufficient building space and parking due to growth and development. The Civic Center Master Plan was updated in July 2001 to include Ule Otay Ranch impacts. Police Facility ($1,497) - Accommodation of the building space needs per the Civic Center Master Plan, which included the newly constructed police facility, upgrading of the communications center and installation of new communication consoles Also included is the purchase and installation of a computer aided dispatch system (CAD), Pollee Records Management System, and Mobile Data Terminals. Corporation Yard Relocation ($403) - Relocation ot the City's Public Works Center from the bay fcont area to the more cenlrally located site on Maxwell Road. Libraries ($1,302) - Improvements include construction of the South Chula Vista library and Eastern Territories libraries, and instClllation of a new automated library system. This component Is based on the updated Library Master Plan. Fire Suppression System ($1,144) - Projects include the relocation of Fire Stations #3 & #4, construction of a fire training tower and classroom, purchase of a brush rig, installation of a radio communications tower and construction of various fire stations in the Eastern section of IIle City. This fee also refieels IIle updated Fire Station MClster Plan, which includes needs associated with the Otay Raneh development. -.J I ~ m Major Recreation Facilities ($888) - New component adopted in November 2002 to build major recreation facilities created by new development such as community centers, gymnasiums, swimming pools, and senior/teen centers. Police Corp Yard FirllSupp AllC. Gan.Admin. CivicCent6r (1) Facility Htllocation Librarill5 SY5lem Facililie5 571 5671512 573 57. 575 576 582 TOTAL $ (2,278,389) $ 17,751,076 $ 1,653,478 $ 4,683,101 $ 7,209,688 $(16,905,643) $ (6,356,068) $ 5,757,243 224,411 1,183,535 318,600 127,664 251,800 406,950 348,505 2,861,465 (111,392) 647,590 58,532 205,019 356,502 (818,949) (305,073) 32,229 1,337,031 1,337,031 Deginning BGllllnce, 07101/07 Hevenues: DIFRlJvenues InveslrnenlEarnings OlherRevenue Heimbursernent-OtllAgencies Transterln ExpemJitures: Personnel Services TOlal Supplies & Services City Staff Services CapilalExpendilurttS CWl-'roiectExpendilules Transfer Out (2861 (26,924) (27,210) (214,671) (214,671) (209) (6,924) (8,160) (15,293) (9,131,308) (49,822) (23,741) (46,705) (9,251,576) (4,156) (1,931,456) (1 771 707) (1,038,851) (2,75e) (4749018) Unaudited Ending Balance, 06/30/C~ 384,483) $ 9.856,259 $ 251,889 $ 3,968,773 $ 7,768168 $(17,371,065) $(6,359,341) $(4,269,800) NOTE: (1) This fund includes the amount set aside for tile acquisition of the Adamo property in Fund 567. FY 07/08 PFDIF CIP EXPENDITURES: Project Description FY 07/08 Expenditure Total Appropriation Future as of 6/30/08 Appropriations %, of Project Funded by PFDIF CIVIC CENTER EXPANSION - Fund 567/572 GG139 GG200 G G300 Civic Center Expansion Project Civic Center Expansion Project Phase II Civic Center Expansion Project Phase III SCHEDULE 6.1 PUBLIC FACILITIES DIF (PFDIF) FY 07/08 SCHEDULE OF DETAILED EXPENDITURES ATTACHMENT A Initially Scheduled 9,131,308 TOTAL EXPENDITURES-CIVIC CENTER EXPANSION -LIBRARIES - Fund 575 I :::l-B124 East Side Library TOTAL EXPENDITURES - LIBRARIES FIRE SUPPRESSION SYSTEM - Fund 576 GG 189 Emergency Operations Centers PS128 Fire Station 118 $ 9,131,308 49,822 $ 49,822 3,546 20,195 $ 23,741 5,368 1,361 20,562 19,414 $ 46,705 TOTAL EXPENDITURES-FIRE SUPPRESSION SYSTEM Description of Loal1 Corporation Yard DIF loan to General Fund approved by Council Resolution 2000-077 for CIP project IIGG158 Anima! Shelter- REC FACILITIES - Fund 582 PR238 Veterans Park PR262 Parks Master Plan Update PR265 R~c Facllities-FixturesJEquipt PR270 Montevalle Recreation Facility PR271 Salt Creek Recreation Facility TOTAL EXPENDITURES-REC FACILITIES LOANS: Loan Amount 865,217 7,505,616 1,931,676 11,581,476 10,265,902 31,340 6,965,757 5,398,517 152,840 654,095 6,235,889 6,121,573 Interest Rate 6.56% 30.23% 11.17% 100.00% 100.00% 20.59% 100.00% 59.30% 100.00% 95.71% 100.00% 100.00% 1995 2006 2006 2001 2005 2002 2002 2005 2005 2005 2005 ATTACHMENT B PARKLAND ACQUISITION AND DEVELOPMENT (PAD FEES) FY 07/08 REVENUES AND EXPENDITURES Description of Fee: In lieu fee for providing neighborhood community park and recreational facilities. Areas East of 1-805 Amount of the Fee: Areas West of 1-805 Amount of the Fee: -.J I ~ co $ 16,931 per single family dwelling unit 12,565 per multi-family dwelling unit 7,924 per mobile home dwelling unit 7,244 per motel/hotel dwelling unit $ 9,249 per single family dwelling unit 6,864 per multi-family dwelling unit 4,329 per mobile home dwelling unit 3,957 per motel/hotel dwelling unit FY 07/08 FUND BALANCE INFORMATION: FUND 715 PAD FUND Beginning Balance, 07/01/07 $ 36,886,825 Revenues: Park Dedication Fees Interest Earned Transfer In from CIP fund Expenditures: Supplies and Services Other Expenses CIP Project Expenditures 1,468,781 1,919,280 (7,500) (685,802) Unaudited Ending Balance, 06/30/08 $ 39,581,584 ATTACHMENT B.1 PARKLAND ACQUISITION AND DEVELOPMENT (PAD FEES) FY 07/08 REVENUES AND EXPENDITURES FY 07/08 CIP EXPENDITURES: FY 07/08 Total Appropriation Future o~OfPr~ectFunded Initially PROJECT DESCRIPTION EXPENDITURE at 6/30/08 Appropriations by PAD Fees Scheduled PR179 Gayle McCandliss Park 18,720 51,558 100.00% 2000 PR238 Veterans Park 2,127 3,653,760 79.79% 2001 PR250 Montevalle (RH) Community Park 57,292 8,495,629 94.60% 2003 .' PR251 Salt Creek (EL) Community Park 72,850 8,293,229 98.80% . 2003 PR260 .San Miguel Ranch Community Park 342,225 840,386 100.00% 2007 -..J P R262 Parks Master Plan Update 6,341 50,000 24.60% 2005 I ~ PR279 All Seasons park 186,247 449,459 100.00% 2007 <D TOTAL EXPENDITURES $ 685,802 Note: The ending balance includes fees paid by specific developers for specific parks within those development. These parks include Salt Creek Park, Montevalle Park, Mt. Miguel Park, Mountain Hawk, and the Olay Ranch Community Park. TRUNK SEWER CAPITAL RESERVE FY07/08 REVENUES AND EXPENDITURES Description of Fee: For the enlargement of sewer facilities of the City so as to enhance efficiency of utilization and/or adequacy of capacity and for planning andlor evaluating any future proposals tor area wide sewage treatment and or water reclamation systems or facilities. Amount of the Fee: $ 6,990 7,107.95 528 607 1,350 ...... I N C) 3,478 45 Administrative fee per connection plus $174.731ft of chargeable length in excess of 35 ft for construction of a 4" diameter lateral plus $178.1 Olft of chargeable length in excess of 35 ft for construction of a 6" diameter lateral for 4" diameter tap-ins for 6" diameter tap-ins for chargeable length in excess of 35 ft for connections made at a depttl in excess of nine feet per equivalent dwelling Llnit of flow when developing or modifying use of any residential property FY 07108 FUND BALANCE INFORMATION: FUND 413 TRUNK SEWER (TS) Restated Beginning Balance, 07/01107 $ 35,223,874 I nterest Earned Sewerage Facility Participant Fees Transfer In from 543 Expenditures: Depreciation Expense - Infrastructure CIP Project Expenditures 1,909,408 1,841,387 2,880 (4,812,247) (1,664,191) Unaudited Ending Balance, 06/30/08 $ 32,501,111 ATTACHMENT C ATTACHMENT C.1 TRUNK SEWER CAPITAL RESERVE FY07/08 REVENUES AND EXPENDITURES FY 07/08 EXPENDITURES: FY 07/08 Total Approp. Future %OfPr~ectFunded Initially PROJECT DESCRIPTION EXPENDITURE at 6/30/08 Appropriations by TRUNK SEWER Scheduled GG171 PW Info System Modern Expansion 6,335 11,085 0.90% 1999 OP200 . Survey Monument Study/Replacement 10,000 10,000 7.60% 1999 SW205 Metro Sewer System Upgrade 3,579 468,010 100.00% 1992 SW219 Salt Creek Trunk Sewer 94,219 19,332,324 59.80% 1999 -.J SW223 Wastewater Master Plan 47,547 685,000 100.00% . 2001 I SW232 Poggi Canyon Ext-Eastlake Pkwy 1,099,862 1,230,000 100.00% 2004 N ~ SW233 Moss Street Woodlawn to Broadway 229,993 408,650 25.70% 2007 SW234 Sewer Improvement Colorado J & K 367 349,600 100.00% 2004 SW235 Main SI. Sewer Hilltop - Fresno 1,286 102,000 100.00% 2004 SW236 Center SI. Imp Garret & Fourth 91,546 . 210,848 100.00% 2005 SW242 Inflow and infiltration Study 38,597 75,000 43.00% 2006 SW243 Tel. Cyn Trunk Swr Imp. Bay Blvd & J 73 306,000 100.00% 2006 SW249 Joint Feas Stud for Wastewater Reclm 40,787 70,000 100.00% 2007 TOTAL EXPENDITURES $ 1,664,191 TRUNK SEWER CAPITAL RESERVE FY07/08 REVENUES AND EXPENDITURES LOANS: Description of Loan Loan Amount Loan to Oxford SI. AD97-1lmprovement Fund, approved by Council Resolution #18795 on October 28, 1997 13,680 Loan to Twin Oaks Ave AD96-1, approved by Council Resolution #18873 on January 20, 1998 9,854 -.J I "" "" Loan to Storm Drain Fund, approved by Council Resolution #18996 on May 19, 1998 565,277 Loan to Storm Drain Fund, approved by Council Resolution #19078 on July 16, 1999 for project DR140 (Storm Drain Repair-Orange) 54,781 Loan to Storm Drain Fund, approved by Council Resolution #19607 on Nov. 24, 1999 for project DR 147 (CMP Storm Drain Replacement) 212,125 Loan to Storm Drain Fund, approved by Council Resolution #19682 on Jan. 19, 2000 75,595 Advance to Salt Creek Sewer DIF approved by Council Resolution #2001-203 on June 19,2001 9,927,985 Advance to Salt Creek Sewer DIF approved by Council Resolution #2002-222 on June 18,2002 1,755,785 ATTACHMENT C.2 I nteres! Rate 7.00% 7.00% 6.07% 5.90% 5.88% 5.88% 5.88% 5.34% LOANS: ...., I "" w TRUNK SEWER CAPITAL RESERVE FY07/08 REVENUES AND EXPENDITURES Advance to Salt Creek Sewer DIF approved by Council Resolution 112002-297 on August 13, 2002 2,786,051 Advance to Salt Creek Sewer DIF approved by Council Resolution 112003-278 on June 17, 2003 1,064,611 Total $ 16,465,744 ATTACHMENT C.3 1.90% 1.50% CITY COUNCIL AGENDA STATEMENT ~(ft,- CITY OF - ~. (HUlA VISTA DECEMBER 9, 2008, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A TWO-YEAR PURCHASE AGREEMENT TO BAKER & TAYLOR., WITH SIX ONE- YEAR RENEWAL OPTIONS FOR THE PURCHASE OF LIBRARY BOOKS AND AUDIO-VISUAL MATERIALS DEPUTY CITY MANAGERlLIBRARY DIRECTOR--tO INTERIM CITY MANAGER ')7 SUBMITTED BY: REVIEWED BY: 4/STHS VOTE: YES D NO ~ SUMMARY On September 5, 2008 in preparation for the expiration of the current vendor contract, the City's Purchasing Agent issued specifications to select a primary and possibly secondary supplier of library books and audiovisual materials for a contracted two-year period ending December 31, 2010. Four vendors, representing major book suppliers in the public library and educational marketplace, responded. After evaluating the responses, it is recommended that the bid be awarded to Baker & Taylor and that the City enter into a two-year agreement, with up to six (6) one-year renewal options, 'With that vendor. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actIVIty for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity in question may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(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. 8-1 DECEMBER 9, 2008, Iteml Page 2 of5 DISCUSSION Book vendors are widely used by both public and academic American libraries in order to obtain better discounts, reduce paperwork and provide faster ordering methods. These vendors are able to offer libraries sizable discounts off the retail price. Additional savings occur because orders can then be sent to one vendor instead of creating individual orders for multiple vendors. Book vendors also provide secure systems for electronic ordering tbat interface with libraries' automated systems, allowing the library to maintain financial records and order records with minimum paperwork. In preparation for the December 31, 2008 expiration of the current vendor contract with Baker & Taylor, a set of bid specifications was developed based on the Chula Vista Public Library needs, examples from other local libraries and previous bid specifications. The updated specifications were mailed to major book vendors that serve the public library market. A local advertisement requesting bids was also placed. Four vendors submitted bids, which were formally opened on October 6, 2008. The library's Digital and Technical Services Manager and the City's Purchasing Agent evaluated the bids received from Brodart, Ingram, Gale and Baker & Taylor. CRITERIA AND EVALUATION As outlined in the bid specifications, the responses were evaluated on a number of criteria, most importantly: 1. Ability to supply the categories of books and audiovisual materials listed in the specifications; 2. Availability of electronic interface with Innovative Interfaces Millennium, the library's automation system; and 3. Discounts offered. 1. Ability to supply the categories of books and audiovisual materials as listed in the bid specifications: Of the four vendors that responded, Baker & Taylor was the vendor that indicated it could supply most of the categories of books and audiovisual materials outlined in the bid specifications. Also, the vendors were asked to specify the percentage of an order they would expect to fill within the first 30 days. Baker & Taylor indicated that it expects to be able to supply 90% of an order within 30 days and this is the higbest expected fill rate of all four vendors. In addition to this, Baker & Taylor indicated that it carries the largest number of titles in its warehouse (800,000) and stocks the higbest number of publishers (75,000). 8-2 DECEMBER 9, 2008, Item~ Page 3 of5 2. Ability to interface with Innovative Interfaces },;[iflennium System: The ability to order materials electronically is important to the library as it reduces paperwork, provides a faster method for ordering and enables book order records to be seen by the public in the library catalog. For the past six years, Baker & Taylor has been able to provide an online ordering system which integrates seamlessly with the library's system allowing the library maintain accurate and timely records. 3. Discounts Qffered: Vendors were asked for their proposed discount rates as applied to the chief purchase categories, including trade books, reference and technical books, mass market paperbacks, compact discs, audio and video cassettes, and DVD's. The savings discounted off the retail purchase price offered on the most popular categories by the different vendors were as follows (see Attachment A for a more detailed overview of discount rates): Vendor Percentage Baker & Taylor 46% Brodart 45% Ingram 41% Gale varies Based on Baker & Taylor's demonstrated ability to provide satisfactory service to the library, its ability to provide the widest range of library materials, and the favorable discount rates offered, especially in trade books (the largest dollar value category), this vendor is recommended. Due to the inability of the other vendors to supply the full range of materials as outlined in the bid, selecting a secondary vendor is not recommended at this time. The library requests that the option to renew by mutual consent, after two years, for six additional one-year periods, as recommended by the City's Purchasing Agent, also be approved. 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 Cede of Regulations section 18704.2(a)(l) is not applicable to this decision. FISCAL IMPACT Depending on budgetary constraints, up to $200,000 may be used for book purchases for the remainder of this fiscal year (FY 2008/2009). It is hoped the library's book budget in 8-3 DECEMBER 9, 2008, Item~ Page 4 of5 FY 2009/2010 will range from $175,000 to $285,000, but this estimate is subject to change depending on budget projections. This contract will include flexibility to adjust appropriately to whatever the existing funding situation may be. ATTACHMENTS Attachment A- Discounts Offered Prepared by: Mariya Anton, Library Administrative Services Coordinator, Library 8-4 DECEMBER 9, 2008, Iteml Page 5 of5 Attachment A Item# Description Unit of Vendor Vendor Vendor \1 endor measure 0/0 Disc Brodart Ingram Baker&Taylor Gale ADULT TRADE BOOKS, GENERAL READERSHIP, FICTION & NON-FICTION 46 1 45 41 vanes JUVENILE TRADE BOOKS FICTION & NON-FICTION 2 45 41 46 vanes 3BESTSELLERS by binding 41 46 vanes REFERENCE//TECHNICAL 4 TEXTBOOKS 12 0-35 0-10 vanes MASS MARKET 5 PAPERBACKS 40 40.5 40 N/A BOOKS OF A TRADE NATURE (SMALL PUBLISHERS NOT INCLUDED IN ANNUAL 6 TRADE LISTS) 12 0-35 10 vanes PUBLISHERS' LIBRARY 7 BINDINGS 20 21-41 22.5 vanes 8AUDfO &VISUAL 8a Talking books 42 0-45 45 iN/A 8b. Music CDs 21 0-45 26 iN/A 8c. DVDs 25 0-35 29.5 ~/A 8d. Playaways 18 25 20 ~/A PAYMENT TERivfS net% 30 days net% 30 days 0% 30 days net% 30 days, PUBLIC AGENCY PARTICIPATION rres no no no GAMES IN/A N/A no bid iN/A INVENTORY 4 mil 6 mil 17mil 6.5 mil 8-5 . ___. RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A TWO-YEAR PURCHASE AGREEMENT TO BAKER & TAYLOR, WITH SIX ONE- YEAR RENEWAL OPTIONS, FOR PURCHASE OF LIBRARY BOOKS AND AUDIO- VISUAL MATERIALS WHEREAS, book vendors are widely used by American libraries in order to obtain better discounts, reduce paperwork and provide faster ordering methods; and WHEREAS, these vendors are able to offer libraries sizable discounts off the retail price because orders can be sent to one vendor instead of creating individual orders for multiple vendors; and 'vVHEREAS, book vendors also provide secure systems for electronic ordering that interface with libraries automated systems, allowing the library to maintain financial records and order records with minimum paperwork; and WHEREAS, in preparation of the December 31, 2008, expiration of the current vendor contract, which is incidentally with Baker & Taylor, a set of bid specifications was developed, based on examples from other local libraries and the previous bid specifications; and WHEREAS, on September 5,2008, the City's Purchasing Agent issued specifications to select a primary and possibly secondaty supplier of library books and audiovisual materials for a contracted two-year period ending December 31, 2010; and WHEREAS, these specifications were mailed to major book vendors that serve the public library market, and a local advertisement requesting bids was also placed; and WHEREAS, the library's Digital Services Manager and the City's Purchasing Agent evaluated the four bid responses that were received by the City; and WHEREAS, based on Baker & Taylor's demonstrated ability to provide satisfactory service to the library, its abilityto provide the widest range oflibrary materials, and the favorable discount rates offered, especially in trade books (the largest dollar value category), this vendor is recorrunended;and WHEREAS, the inability of the other vendors to supply the full range of materials, as outlined in the bid, means that the option to select a secondary vendor is not recommended; and WHEREAS, the library requests that the option to renew by mutual consent, after two years, for six additional one-year periods, as recommended by the City's Purchasing Agent, also be approved. J:\At\om"yIRESQIAGRcE.V1ENTSIBaker & Taylor (books and A Y e:<pmlL12.02-08.doc 8 - 6 --_._. ,..,..._..,.,~'.- Resolution No. 2008- Page 2 NOW, THEREFORE, BE IT RESOLVED by !be City Council of the City ofChula Vista that it hereby awards a two-year purchase agreement to Baker & Taylor, with six one-year renewal options, for purchase of library books and audio-visual materials. II , art C. Mies eld Interim City Attorney Presented by Leah Browder Director of Library l:\Al!arneyIRESQI,AGREEME:-.rTSIBaker & Taylor (books and AV eqpml)_12-02.08.doc 8 _ 7 CITY COUNCIL AGIENDA STATEMENT ~(fe-. C1TYOF ~=:E (HULA VISTA Item No.: q Meeting Date: 12-9-08 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MILLS ACT AGREEiVIENT BETWEEN THE CITY OF CHULA VISTA AJ'ID THE OWNERS OF THE mSTORIC SITE LOCATED AT 201 "I" STREET AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT SUBMITTED BY: DIRECTOR OF PLANNING AND BUILDIN~ REVIEWED BY: INTERLVl CITY NIANAGER S r 4/5THS VOTE: YES NO SUMMARY In accordance with Council Policy #454-01, staff has prepared an agreement for the owners of201 ''1'' Street (Historic Site #74) who have requested to participate in the Mills Act program. Upon authorization by the City Council, the City will enter into the agreement, which will then be forwarded to the County Assessor's office for recordation, making the property eligible for tax credit in the next assessed tax year. BACKGROUND On May 29, 2001, Council adopted a policy (Policy #454-01) that allows the City ofChula Vista to enter into Mills Act Agreements with owners of historic properties. This agreement will help preserve the historic character of the property and will provide the property owners fmancial assistance in the form of property tax relief, which is intended to offset the costs of repairs and upkeep to retain the historic character of the property. Staff has prepared an agreement with input from the property owners. . To date the City has entered into approximately 30 Mills Act Agreements. 9-1 Date, Item No.: <1 Meeting Date: 12-09-08 Page 2 of3 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has determined that this program is exempt pursuant to the California Environmental Quality Act (CEQA), Section 15331, Class 31, Historical Resources Restoration and Rehabilitation. RECOMMENDATION That the City Council adopt the resolution approving the Mills Act Agreement for 20 I "I" Street. BOARDS/COMMISSION RECOMMENDATION The Resource Conservation Commission (RCC) reviewed the attached Mills Act Agreement for the referenced property on November 3, 2008, and recommends that the City Council approve the agreement. DISCUSSION The owners of 201 "I" Street, Historic Site #74 (The Otto Ellinghaus House), have applied to participate in the Mills Act Program.. Staff met with the property owner, and together determined a list of potential improvements to the property to be completed over the next ten (10) years. Some of the potential improvements include: painting the home with historic appropriate colors, restoration of windows, resurfacing of the front porch area, and general maintenance and repairs that will help retain the property's historic character. All of the proposed improvements are consistent with the historic preservation goals of Chula Vista. The property owners have signed the proposed Mills Act agreement, showing their commitment to the provisions of the agreement. Once assessed under the Mills Act the property owners, in this case, may receive approximately a forty-percent (40%) reduction in their property taxes excluding any special assessments. City Council approval is required for a Mills Act agreement. Upon approval by the City Council and signature by the Mayor, the agreement will be forwarded to the County Assessor's office for recordation. . DECISION-MAKER CONFLICTS Conflict: Staff has reviewed the property holdings of the City Council and has found a conflict, in that Councilmember Pamela Bensoussan has property holdings within 500 feet of the boundary of the property which is the subject of this action. FISCAL IMPACT The property will receive a reduction in property taxes as a result of entering into the Mills Act agreement with the City. The County Assessor's office estimates that the reduction in property taxes, as a result of entering into the Mills Act agreement, would be $2,857 per annum resulting in a net loss to the City of approximately $419.00 annually. The City receives $0.147 of each 9-2 Date, Item No.: ~ Meeting Date: 12-09-08 Page 3 of3 property tax dollar and although the property tax revenue loss of each individual Mills Act property is relatively negligible, over time, if the City enters into Mills Act agreements with significant numbers of property owners, the revenue impacts could cumulatively become significant. ATTACHMENTS I. Resource Conservation Minutes (11-3-2008) 2. Photos of20l "I" Street 3. Mill Act Application for 20 1 "I" Street Prepared by: Lynnette T essitore- Lopez, Associate Planner; Advance Planning J:\Planning\Lynnette\council\1'vlills Act\2Q08\201 I Street Mills Act Agenda Statement.doc 9-3 DRAFT RCC Minutes November 3. 2008 MINUTES OF A REGULAR MEETING OF THE RESOURCE.CONSERVATION COMMISSION ,17TilCtlAA&IJT L November 3, 2008 Ken Lee Building, Conference Room 430 "F" Street MEETING CALLED TO ORDER by Chair Jasek at 4:30 p.m. ROLL CALL/MOTION TO EXCUSE MEMBERS PRESENT Chair Stanley Jasek, Commissioners Brett Davis, Lynda Gilgun, Doug Reid and Georgie Stillman Commissioner Reid left early at 5:30 pm MEMBERS ABSENT Commissioner Eric Mosolgo unexcused STAFF PRESENT Marisa Lundstedt, Principal Planner Lynette Tessitoro-Lopez, Acting Senior Planner Michael Meacham,' Director of Conservation & Environmental Services Brendan Reed, Environmental Resource Manager Grant Gibson, Conservation Specialist Candy Uvero: Recording Secretary OTHERS PRESENT Pamela Bensoussan, Chula Vista resident Angelo Miranda, Chula Vista resident Sherrie Miranda, Chula Vista resident ORAL COMMUNICATION None APPROVAL OF MINUTES: Amendment to April21, 2008 minutes: Item #3, Commissioner Comments, third sentence in paragraph three to read as follows: In the beginning, when the CCWG began having these meetings, the public was made of aware of the meetings (by way of Public Noticing). Item #4, Commissioner Comments, paragraph 5 to read as follows: Commissioner Gilgun commented, that in her opinion, the RCC can make an impact by attending the Design Review Committee or Planning Commission meetings MSC (Gilgun/Reid) (5-0-0-1) Approval of May 19, 2008 minutes MSC (Reid/Stillman) (5-0-0-1) NEW BUSINESS 1.201 "I" Street Mills Act Agreement Lynette Tessitoro-Lopez, Acting Senior Planner, gave a brief overview of the property at 201 "I" Street and asked that the RCC review and make a recommendation on adoption to City Council. Commissioner Comments Commissioner Stillman had Ihe following comments and recommendations: . The home is lovely and beautiful addition to the neighborhood. . The previous owner changed the walkway which conflicts with the Tudor look of the house. The concrete front steps and current stone circular walkway is inappropriate and should be restored to the original. . Recommendation of a small stoop for the porch with railing and possible resurfacing of the concrete. 9-4 DRAFT RCC Minutes November 3. 2008 In response, homeowner Sherrie Miranda stated: . The style does fit in with the Tudor style and does not see how the front porch and walkway is inappropriate. . Presented a photo album that showed xeriscape landscaping. Public Comment Pamela Bensoussan, Chula Vista resident: Objection regarding the round porch is the etched concrete, which is deemed contemporary. Complimented the Mirandas on the excellent landscaping and utilizing plants friendly to the environment. The house does qualify for a Mills Act contract and is the type of house that is wanted in this program. The current owners are good custodians to the house and urges the commission to approve the application. Commission Davis inquired why the sidewalk was not addressed when the applicant initially applied. Lynette Tessitoro-Lopez replied that it was never challenged. Commissioner Stillman moved for a motion to change front porch with a stepped stoop porch and resurfaced concrete on a continuum to preserve the home and for historic authenticity. There was a lack of a second. Commissioner Gilgun moved for a motion to improve the walkway after seeing the recent developments with landscaping in the photographs provided by the Mirandas. Stated that the owners have incorporated the walkway design with the garden and is leaning more towards resurfacing the concrete rather than replacing the porch. Commissioner Davis inquired as to why this was not addressed when the applicants applied. Chair Jasek stated that historical design is different than the Mills Act requirements. At the time, the home had enough historical merit and the owners have requested their home be recognized under the Mills Act. This home is recognized as a historical home because of the design of the architect and its association with the master builder. Commissioner Davis asked why the historical requirements are not included in he Mills Acts requirements. Chair Jasek explained that owners of such homes may not want to upkeep or preserve the home. Msue (GilgunlDavis) that the RCC recommends the house be accepted with the agreement that the existing porch and walkway be resurfaced in order to maintain the architectural integrity. (5-0) 2. Proposed Transition/Reorganization Process: Ree Roles and Responsibilities Director of Conservation & Environmental Services Meacham provided the commission with the municipal code section, which outlines the role of the Resource Conservation Commission. The Department of Conservation and Environmental Services. The Planning department will continue to have the RCC review applications and recommend to Council homes to be accepted under the Mills Act. The departments of Pubiic Works, Engineering and Planning will also partner with Conservation & Environmental Services in regards to program oriented activities which are funded through fees, grants and the general fund. Director Meacham stated that he would like the RCC involved in a more inclusive and open process, with the public involved before items go to Council. By moving the meetings to Council Chambers on alternate Mondays would make the meetings more accessible to the public. Principal Planner Lundstedt stated the current role of the RCC in regards to CEQA will be retained with the Planning Commission in order to streamline the process. The RCC is seeing the end line of the process too late. Agreed with Commissioner Reid that the Planning Commission needs input sooner from the RCC. Commissioner Comments Commissioner Stillman questioned if the a member of the RCC can be appointed to the "Always" list for the Planning Commission. This will allow the RCC to address legitimate concerns in regards to EIR's and design review since it will no longer be reviewing plans directly. Commissioner Gilgun stated that if there was a real concern regarding a plan, that an individual attend the Planning Commission meetings and speak as an individual, not as a representative of the RCC. Commissioner Reid stated that the Planning would need input sooner from the RCC and not be involved with the more formal decisions Allow those with the expertise to make those decisions but the RCC should still be able to comment on projects and a commissioner be added to the "Always" list. 9-5 ~~uh lY\e{)+ '2 ~ _~'.. c-'-'- ~. ....~..,.....'.~.... - ;'-.': ><~ . ~-~::::.. ~c,._' {.: ". _," .~.. )~.,., ~ ,~""":-,:,,,.,-,", ~~;L': ." '. ;.-., 9-6 d 9-7 . A~\\~\'6\+ 3 ~\~ ~ CITY OF CBULA VISTA PLk'illING & BUILDING DEPARTMENT 276 Fourth Avenue Chula Vista, CA 91910 Mills Act APPLICA nON FORlY! CI1Y OF (HULA VISTA. II .'SfaffUSe II APPLICA1~T/OWNER INFORMA nON Applicant/Owner Name:A.1J b S W (I) I RA tv DA Applicant/Owner Address: ;< 0 \ "::C I< 'STREIT Phone: b \ C\ flC( l ~ q;z b S\+EQR \ s j\'ilRlvJDA ('1: i' 5TREe::f ".".'C" L. . ~ -. .. Case #: ).11 - ~ g - tm7' Date Submitted: C? ;;.s. ;< "i:Jg r _ "... RCc. - N'}{.e)t Z;Ydl!: Secondary Owner Name: Owner Address: :l 0 , Phone: b \ Gj , (/11 ' ~ ~:;Zb NNvfE: -/-\10 /sIUo SIGNATIJRE\: DATE: ~ r , OWNER APPROVAL IS REQUIRED . ."/'J- . NNvfE: S\-\tz~I~ 1'l\~F\\)m i ' /'" SIGNATURE: J , I',", DATE: 2. i II PROPERTY INFORMATION ,"'lO \ ('In Property Address:.2:, .L Assessor's Parcel Number (Required): SIREt,i / Sl- '3 - 120 - i;3 - 0 0 ./ Zone: RUe ~. . Y'; I " , Lo/f Li- - 0"=ff( I mSTORICfLAi"IDlVIARK INFORMA nON Is the site on the Locai Register Usting? YeS' NO. IL' /, ,,{;./ 41.::7-J Date of Designation DE-L- 1I) ::(oo~ - rJ( Sj-'''' c. I!v I I Is the site designated as Historic on the State and/or Nationai Register? 6f/,. -7 IE7/~r i ~ Date of Designation: #1t.J::!Jl II II PROPOSEDSTRUCTURE~ROVElVffiNT The goal of the NIills Act Program is to encourage the use, mamtenance, and restoration of historical properties and retain their .characteristics as properties of historical significance. Please list restoration improvements, either specific or general, that you/the owner intend to carry out to achieve/maintain the goal of the Mills Act Program. (Attach a separate sheet if necessary) I(j \\EPlf\Ct: ,~Nj \IINv)L i.qINOOWS \,vltlJ \'\J11oDh) \,diNDOIV> \1~Al' ~~,ArC(1ES "\\~~ SteIL-I::: AND LooK (l)F THE CUfCr,J! nR.llrl.<JAL tAroO(X:.JJ c..Ji,'JDoVJ ' 1..-(1-' IN PL'lCE RE- PAI;0TiE ~TER/tl[L . pp,A /,t:::--nh-:- Lk'J('i':; YiD t~LJL fiouSE A MnPT-- (l"iC,)ql,~ Lnnl:' RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE iVIILLS ACT AGREEMENT BETWEEN THE CITY OF CHULA VISTA Ai'ID THE OWN~RS OF THE HISTORIC SITE LOCATED AT 201 "I" STREET Al"TI AUTHORIZING THE MAYOR TO SIGN THE AGREEiVlENT 'WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into agreements with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain their characteristics as properties of historical significance; and WHEREAS, Council Policy Number 454-01, adopted May 29, 2001, authorizes the City Council of the City of Chula Vista ("City") to enter into Mills Act Agreements with property owners of qualified historic properties; and WHEREAS, City and the Owners of 201 "I" Street, for their mutual benefit, now desire to enter into a Mills Act Agreement both to protect and preserve the characteristics of historical significance of this designated Historical Site (Historic Site #74) and to qualify this Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of the California Revenue and Taxation Code (as amended from time to time); and WHEREAS, State legislation defines a qualified historic property as any property that is listed on a national, state or local historic register; and 'vVHEREAS, the subject property is listed on Chula Vista's List of Historic Sites, and therefore is deemed a "qualified historic property"; and WHEREAS, the Resource Conservation Commission at their regular meeting held on November 3, 2008, reviewed the agreement in its entirety and voted 5-0 (Commissioner Eric Mosolgo absent) to recommend that the City Council approve the subject Mills Act Agreement; and WHEREAS, the Environmental Review Coordinator has determined that this action is exempt pursuant to the California Environmental Quality Act (CEQA), Section 15331, Class 31, Historical Resources Restoration and Rehabilitation. 9-9 Resolution No. 2008- Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the executed Mills Act agreement between the City of Chula Vista and the owners of 20 I "I" Street, located in the City of Chula Vista. Presented by . Approved as to form by Gary Halbert Director of Planning & Building .~)3art C. 1 1 , lnterim City Attorney 9-10 J:l.AltomeylF1NAL RESOS\2008\12 09 08\#_201 1 Street Otto EI\ingh3us House-MillsAct_12.09_08.doe THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FOR\\1 BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON AFPROV AL BY THE CITY COUNCIL ~L Inten s Dated: I:? ) slug I / Mills Act Agreement between City of Chula Vista and Angelo Miranda and Sherri Miranda 9-11 Recording Request!?!.! by end Ph:!ase Return to,' City Clerk Ciry of C~t1b Vista P,O. Box IOS7 Chub Vista, CA 91910 11 This ,).pace for Recorder's use On~v 11 APN(s) 573-120-18-00 MILLS ACT AGREEMENT' For property located at 20] ''1'' Street., Chula Vista, CA 91910 THIS AGREEf\tENT is entered into by and between THE Crry OF CHULA VISTA, a munieipal corporation ("City") and Angelo Miranda and Sherri Miranda ("O\'mers"). RECITALS WHEREAS, California Government Code Section 50280, et seq., referred to as the Mills Act, authorized cities to enter into contracts with the owners of qualified historical properties to provide for the use, maintenance, and restoration of such historical properties so as to retain lheir characteristics as properties of historical significance. WHEREAS, Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, Assessor Parcel No. 573-120,18-00, and generally located at the street address 20 I "I" Street, Chula Vista, California, 9 I 910, (Historic Sitc # 74). WHEREAS, the Chlda Vista City Council declared and desigl1atcd the above property as Historical Site Number 74, pursuant to 01ula Vista Municipal Code Section 2.32.070. A-F. WHEREAS, City and Owner, for their mutual benerit, now desire to enter into this Agreement both to prot'~ct and preserve the characteristics of historical sif,'11ifinmce of the Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the provisions of Article 1.9, (commencing \vith Section 439) of Chapter 3 of Pan 2 of Division I of the California Revenue and Taxation Code (and as amended from time to time). NOW THEREFORE, in consideration of the mutual benefits tmd covenants, City and O\vner agree as follows: 1. Como!1lli'1CC with Council Policy. Owner shall comply with Council PoHcy Numbcr 454- o I incorporated bercin by !Jus reference. 9-12 , o Mills Act Conrract 2. Standards for Historical Site. During the term of this Agreement, the Historic Site shall be subject to the following conditions, requirements, and restrictions: 1h Ow'ner shall preserve and maintain the regulated characteristics of historical significance of the Historic Site, and, ,vhere necessary and feasible, restore and rehabi.litate the property, in accordance v"ith the rules and regulations published by the Secretary of the Interior and as amended from time to time (Attachment A). Work shall be done in accordance with the attached schedule of potential home improvements, drafted by the Owner (Attachment B). b. Ovmer shall maint1in all buildings, structures, yards and other improvements in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; n. Scrap lumber,junk, trash or debris. lll. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; IV. Stagnant water or excavations, including pools or spas; v. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition, or its inappropriate location. ~ Owner shall allow reasonable periodic examination of the Historic Site, by prior appointment, if a request is made by representatives of the City of Chula Vista Planning Department, Coumy Assessor, State Department of Parks ilnd Recreation or the State Board of Equalization. d. The owner shall allow visibility of the exterior of the structure from the public right-of-way. e, Should m\ller apply to the City for a permit for demolition, substantial exterior alteration or removal of the Historic Site, Owner shall attend and participate in a seheduled hearing regarding such application before the board or commission designated by the City Council to oversee the City's historic resources and the City Council prior to the issuance of such penn it. L Notwithstanding the foregoing subparagraph 2.e, should Owner apply to the City for a oemlit for the dcmolition, substantial exterior alteration or removal of the Historic Site, O\vner shall comply with all City and State of CaJiJornia environmental regulations, policies ,md requirements prior to City issuance of the requested pernlir. 3. Information of Compliance. Owner hereby agrees to furnish City with any and all information requested by the City which the City deems necessary or advisable to determine compliance with the terms and provisions of this AioTeement. 4. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreel)1ent ifit determines that Owner has breached any ofthe conditions ofthis Agreement or has allov'led the property to deteriorate to the point that it no IDnger meets the City's or State's standards lor a qualified historic property. In addition, City may cancel this Agreement ifit 9-13 4 MilJs Act Contr,ct detem1ines that the CAvner has Jailed to restore or rehabilitate the property in the manner specified in subparagraph lea) of this Agreement, or has demolished, substantially altered or removed the historic site. In the event of cancellation, Owner sb..all be subject to pa)111ent of those cancellation fees set forth in Califomia Government Code Section 50286. 5. Enforcement of Asrrcement. In lieu of and/or in addition to any provisions related to cancellation of the Agreement as referenced herein, City may specifically enforce or enjoin the breach of the terms ofthis Agreement. In the event of a default under the provisions of this Agreement by O\V1ler, City will give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction oHhe City within thirty (30) days (provided that acts to cure the breach or default must be commenced within thirty (30) days and must thereafter be diligently pursued to completion by Owner), then City may, without furthcr notice, declare a default under the tem1S of this Ab'Teement and may bring any action necessarj to specifically enforce the obligations of Owner growing out of terms of this Agreement, apply to ,my court, state or federal for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Om1er if City does not enforce or cancd this Agreement. All other remedies oflaw or in equity \vhich are not Olhenvise provided for in this Agreement or in City's regulations goveming historic sites are available to the City to pursue in the event there is a breach oflhis Agreement. No waiver by City of any breach or default under this Agreement shall be deemeclto be a waiver of any other subsequent breach thereof or default hereundet. 6. Bindinf: f[fects of AITeemenL The Owner hereby subjects the Histone Site to the covenants, reser,;ations and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth hercin shall bc deemed covenants nmning wirh the land and shall pass to and be binding upon the Owner's Sllccessors and assigns in title or interest to the Historic Site. Each and every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Site, or any portion thereof, shall conclusively be held to have been executed, delivered, ,md accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless ofwheUlcr such covenants, reservations, and restriction are set forth in sucb contract, deed, or other instrument. City and O\\11er hereby declare their understanding and inrent that tbe burden of the covenants, reservarions, and restrictions set fortb herein, touch and concern the land, in that CAvner's legal interest in the Historic Site is rendered less valuable thereby. Citvand - ... . .. . - - ~. Owner hereby further declare their undersranding and intent that the benefit of such covenants, reservations and restrictions, touch and concern the land by enhancing and maintaining the historical characteristics and significance of the Historic Site lor the benefit of City, the public, and CAvner. 7. Effective Date and Tenn of Agreement. This Agreement shall be effective and cornmence on December 19,2006 (but no earlier than approval of the agreeme.nt by the City Council), and shall remain in effect lor a tem1 often (10) years the rea Her. Each year 9-14 o l\tiHs ;\ct Contract upon the anniversary of the etTective date, such initial term will automatically be extended as provided in paragraph 8 below. S. RenewaL Each year on the anniversary of the effective date of this Agreement (the "renewal date"), a year shall automatically be added to the initial term or this Agreement unless notice of no n-rem;wa I is mailed as provided herein. 11' either Owner or City desin.--s in any year not to renew this Agreement, Owner or City shall serve written notice of non-renewal on the other party in advance ofthe annual renewal date orthe Agreement. Unless such notice is served by CAmer to City at least ninety (90) days prior to the annual renewal date, or served by City to Owner at least sixty (60) day'S prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. Upon receipt by Owner of a notice of non-renewal from City, Owner may make a wTitten protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City or Owner serves notice to the Olher of non-renewal in any year, the Agreement shall remain in effect for the balance of the tern] then remaining, either from its original execution or from Ll]e last renewal ofthe Agreement, ,vhichever may apply. 9. Notice. }illy notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by either party. To City: CityofChula Vista Attention: Director of Planning & Building 276 Fourth Avenue Chula Vista, CA 91910 To Owner(s): Angelo Miranda and Sherrie Miranda 201 'T'Street C1mla Vista, CA 91910 9-15 General Provisions. a. None of the terms, pro'visions, or conditions of this Agreement shall be deemed to create a partnership between the parties and any oftheir heirs, successors, or assigns, nor shall sllch terms, provisions, or conditions cause them to be considered joint venmres or members of any joint emerprise. Approva] of this request shall not waive compliance with all sections of Title 19 (Zoning) ofthe Mtlnicipal Code, and all other applicable City Ordinances Owner agrees to and shall hold City and its elected officials, officers, agenL';, and employees harmless from liability for damage or claims for damage for persona] injuries, including death, and claims for property darn;\ge which may arise from the direct or indirect use of operations of o'vner or those ofllis or her contractor, subcontractor, agent, emp.loyee or other person acting on his or her behalf which relate to the use, operation, and maintenance onhe Historic Site. Owner hereby agrees to and shall defend the City and its elected Ot1icials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reasons of Owner's activities in connection with the Historic Site. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Historic Site. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historical Site, whether by operation of law or in any manner whatsoever. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereot: shall not be effected thereby, This Agreement shall not take effect unless and until Owner's signature is notmized by a notary public. Funhennore, if 1ill agent or representative of Owner si'ms this Agreement on behalf of Owner, the agent or representative must furnish ~ - - proof, to the satisfaetion of City, that the agent or representative has authority to act on Owner's bebalf. This Agreement shall be construed and governed in aecordance with the laws of the State of California. 6 ;\trills Act Contract 10 11. b. e. d. e. f. a ". Reco[.llation. No later (han tVien(y (20) days after the parties execute and enter into this A'!feement City shall cause this Agreement to be recorded in the 0 ffice ofthe County ,0' ' 'J _" . --' . . . Recorder 0 f the County of S,m Diego. ]2. J'unendments. This Agreement may be a.mended only by a \vntten and recorded instnillJent exeented by the parties hereto 9-16 i 1vlills Act Conlnlct 13. Attornev Fees. In the event legal proceedings are brought by any party or parties to enforce or restrnin a violation of any ofthe covenants, reservations or restrictions contained in this agreement, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be tixed by the court, in addition to court costsand other relief ordered by the court. 14. Banminin~ Power. This agreement has been agreed to by the parties only after negotiations between City and Owner(s), both of which were represented by counsel. Accordingly, this agreement shall not be construed as if it had been prepared only by City or O,vner(s), but rather as ifboth City and Owner(s) had prepared the same. 15. Countematts. This agreement may be signed in one or more counterparts, each such countcrpatt shall be considered as patt of and the same document as an other related counterparts. lRemainder of Page Intentionally Left Blankl 9-17 S Mills Act Contracl SIGNA TlIRE PAGE TO MILLS ACT AGREEMENT FOR 201 ''1'' Street, Chula Vista, CA 91910 CITY OF CHULA VISTl\. OWNER(S) OF RECORD for 201 ''1'' Street Date: Date: \~~ O~ Approved: Cheryl Cox, Mayor Date: Date: p) J..) 0 0 , Attest: Donna Noms, City Clerk Date: Approved as to form: Bart Miesfeld, Interim City Attorney OWNERS PLEASE ill'.. VE NOTARY PUBLiC ATTACH A SEPARATE PROOF OF NOTARY PAGE WITH SIGNATURE AND SEAL. 9-18 All-Purnose Acknowledgement State of California County of San Diego. On l::ec.ernDer 'd. ?COCO before me,via:t1e<- appeared . f\ (\';Y: \ 0 (Y); rc<n..el~ an d KaZooGl.j, Notary Public, personally ':Jhe,n' e N i ra. n.d a.. , proved to me on th.ebasis of satisfactory evidence to be the person(s) whose name(s) iSlare subscribed to the within instrument and acknowledged to me that he/llhelthey executed the same in rn~f:T/their authorized capacity(ies), and that by lBsiher/theirsignature(s) on the . instrument the person(s), or the entity upon behalf of which the person(s) acted, executed . the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. Witness my hand and ial seal. L .. Signature (Seal) .i ~ DIANA RAZOOQY ~ _ COMM. # 1795103 Ul .... NOTARY?UBUC.CAlIFORNIA ~ SANDIEGOCOmm ',..l 1 'MY COMM. Exp. A?~. 13. ,2012 ~ 9,-19 ATTACHMENT "A" SECRETARY OF THE I?,;'TERlOR STA1,DARDS FOR RESTORATION Ai,D REHABILITATION OF HISTORlC STRUCTURES t. A property shan be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the buildincr and its site and ~ ~ .. .. .y environment. 2. The historic character of a property shall be retained and preserved. The removal of historic materials er alterations of features and spaces that characterize a property shall be avoided. 3. Each property shall be recognized as a physical record ofits time, place, and use. . Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. 4. Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. 5. Distinctive fe:ltllres, finishes, and constmction techniques or examples of craftsmanship that characterize a property shall be preserved. 6. Deteriorated historic features shaH be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive n"ature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. 7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials "hall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. 9. New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The ne\;v work shall be differentiated from the old and shall be compatible \"ith the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 10. New additions ,md adjacent or related new constmction shall be undertaken in slich a manner that if removed in the future, the essential form and integrity of the historic praperty and its environment would be unimpaired. 9-20 " ATTACIDvIENT "E" ?>l1LLS ACT AGRERIVIE1\ff SUPPLEl\iEl'{fAL (To be completed by the OV/ner) Please list, to the best of your knowledge, the improvements that have been made over the past 10 years to maintain or rehabilitate this property. YEAR ~Ob !J.co1- :).odg IMPROVElVIENT ~A1.!CIJ~ 'To fj<llPT \)wR.. 6W".tiS t\W G'ARC;E.}J (B)\e1L :y1\'?J) ') 1iOJ..\\ jAllD )(~<')f",\~1Z Please list the improvements and restorations that you intend to make over the next 10 years. List them ,in order of YOUT priority based upon anticipated need for proper maintenance. PRiORITY , .. 4~ IMPROVEMENT/RESTORA TI 01"5 R~Aa:. ,All- ~Ju:I,U \D\;\j)0\.05 I.u\n\ ~'LjJ l0\)jDct..:~ A~?'faQtlA~'\O ~ -rv Un!L S'Gt:€ . ' P.1\l,q !::i.('i:.,~(.1\L et- W'1:"1.f 1J5\t)G- of.\blfJfrL. .;;-:- Cot.j;.M AI ~~iZ-")i2.iJ\ KE.'fVf!..I'>( S H~,Gtk~ -t'J\l"'''' ::1J.;TIJuo!L C)~ licl1tZ , s'Re:s l1\Y+c;t u fro n t wa I r w().,,/ * pdJrG )2, .--, 5. OWi\'ER CERTmCATION: y..;e CAre..- Vie J certify that ~ presently the legal ownel~fthe subject property, Further,f We... acknowledge the supplemental information on this fOITll "ill be used as an exJ:1jbit ""'''''' '" ili, Mill, Ad A~,mL 12/, >Jo ;. ~ .., Date:' I;J,\,:<\Og' SH,u3tllre:,__~ fl :'~.I ~ 9-21<.0 I ''.L 51 I"'"'U^t~" i'\ \ fit"""""" /,,{). All-Pm:pose Acknowledgement State of California County of San Diego On 'Ckc.€,'(Y\ir.::>er ;;:2, LOO'2l appeared ,An9e..lO before me. Uictno.. Q.o.WOQ'::) ,Notary Public, personally 1\.1 i rctt1 do. Ctru:P Ohern' e.. N i r-C<.fW/ <Z<. , . proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is'Iare subscribed to the Within instrument and acknowledged to me that heishelthey executed the same in hwm-r/their authorizedcapacity(ies), and that by lH&'ltoc/their'signamre(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed . the instrument. I certify under PENALTY OF PERJURY under the laws of the State ofCa1ifornia that the foregoing paragraph is true and correct. Witness my hand and " Signature (Seal) ~ ~ DIANA RAZOOQY ~ - . COMM. # li95103 U) '~-!) NOTARY?UellC.c.ALlFORNIA (J) .' . SAH DIEGO COUMH - MY COIIII.I. Ex/', APR. 13. 2a12 ""'" 9-22 CITY COUNCIL AGENDA STATEMENT .,,";.......:',~~'lb,;:":>~'{1lI' ~(~ CITY OF ~ - (HULA VISTA 12/09/2008 Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $5,223 FROM THE BUREAU OF JUSTICE ASSISTANCE A.ND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE. BULLETPROOFVE(fP~NERSH~. CHIEF OF POLIC~ INTERIM CITY MAt"\'AGER S f 4/5THS VOTE: YES X NO SUBMITTED BY: REVIEWED BY: SUMlVIARY The Police Department was recently notified by the Bureau of Justice Assistance of approved funding for the Bulletproof V est Partnership (BVP). The BVP funding will pay for 50% of the cost of bulletproof vests for police officers. Matching funds are already included in the Police budget. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in 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 adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 10-1 12/09/2008, Item I 0 Page 2 of2 DISCUSSION On June 16, 1998, the Bulletproof Vest Partnership Grant Act of 1998 was signed as law. The purpose of the Act is to save the lives of law enforcement officers by helping States and units of local government equip their law enforcement officers with armor vests. The Bulletproof Vest Partnership (BVP) is a program of the U.S. Department of Justice administered by the Bureau of Justice Assistance (BJA). The program is designed to pay up to 50% of the cost of bulletproof vests for law enforcement officers. BJA announces BVP funding opportunities on an annual basis. In March 2008, the Bureau of Justice Assistance (BJA) announced the new Bulletproof Vest Program (BVP) funding opportunity for fiscal year 2008. The Police Department applied for funding and was recently notified by BJA that the application was approved. The Bulletproof Vest Partnership is a non-competitive program. The BVP Act of 2000 requires that BJA give funding priority to jurisdictions with populations under 100,000 residents by awarding those jurisdictions the full 50% of the application total, with any remaining funds available for applications from jurisdictions over 100,000 people. The Department has been receiving BVP awards since 2000 and has been awarded $5,223 for the fiscal year 2008 funding period. Fiscal year 2008 BVP funds remain available until September 30, 2010. 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 Approval of this resolution will result in the appropriation of $5,223 to the personnel services category of the Police Grant Fund. Sufficient funds have been identified in the Police budget to meet the 50% local match requirement. The funding from the Bureau of . Justice Assistance will offset the S5,223 appropriation, resulting in no net fiscal impact. ATTACHMENTS None. Prepared by: Edward Chew, Administrative Services Manager, Police Department 10-2 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $5,223 FROM THE BUREAU OF JUSTICE ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE POLICE GRAi'lT FUND FOR THE BULLETPROOF VEST PARTNERSHIP WHEREAS, the Bulletproof Vest partnership is a program of the U.S. Department of Justice (administered by the Bureau of Justice Assistance) designed to pay up to 50 percent of the cost of bulletproof vests for law enforcement officers; and WHEREAS, the Chula Vista Police Department requested funding via the Bulletproof Vest Partnership program; and WHEREAS, the Police Department was awarded $5,223 for the purchase of bulletproof vests; and WHEREAS, the grant requires a 50 percent local match that has been identified in the Police Department budget. NOW, THEREFORE BE [T RESOLVED that the City Council of the City of Chula Vista does hereby accept $5,223 from the Bureau of Justice Assistance and appropriate said funds to the personnel services category of the Police Grant Fund for the Bulletproof Vest Partnership. Presented by Approved as to form by ~ -#' J? 'i /'v7'1 C r7'1 /f7?.:Jvv>Z'1 Richard P. Emerson Police Chief Bart C. Mies eld Interim City Attorney J:\AllOmey\RESOLUT10NS\~INA.\jCE\AccePI 55 from Bureau of Justice AssiSI3nce_12-i.(r~3 CITY COUNCIL AGENDA STATEMENT. l. ~ (!f:.. CITY OF .. ~- (HULA V1SfA 12/09/2008 Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHlJLA VISTA ACCEPTING $150,000 FROM THE GOVERi'lOR'S OFFICE OF EMERGENCY SERVICES AND APPROPRIATING FUNDS THEREFOR, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLE~E C~ES CHIEF OF POLIC~ INTERD.\1 CITY MANAGER sr 4/5THS VOTE: YES X NO SUBMITTED BY: REVIEWED BY: SUMMARY The Police Department and South Bay Community Services have been working in partnership for the past eleven years providing domestic violence services to the community. Adoption ofthis resolution will accept a grant from the Governor's Office of Emergency Services for Domestic Violence Response Team services and approve a contractual agreement with South Bay Community Services to provide services for domestic violence cases. ENVIRONMENTAL REVIEW Not Applicable. RECOiVliVIENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMiVIE.NDATION Not applicable. 11-1 DISCUSSION Since 1985, the Chula Vista Police Department (CVPD) and South Bay Community Services (SBCS) have partnered to address issues with juveniles. And since 1997, CVPD has been working in a partnership with SBCS to provide direct services to domestic violence victims and protect the children from abuse. The partnership between CVPD and SBCS resulted in the formation of a 24-hour17-day per week Domestic Violence Response Team (DVRT). In order to provide more consistent and intensified follow-up services, the DVRT program was expanded in October 2003 with the addition of two full-time SBCS Advocates working on site at CVPD. A federal grant administered by the Governor's Office of Emergency Services (OES) has funded advocacy services since fiscal year 2003/2004, and the Police Department has been notified of a new grant approval for the period ofJanuary 1, 2009 to December 31,2009. 12/09/2008, Ite~ Page 2 of3 Because of the established working relationship with SBCS, CVPD is seeking to waive the consultant selection process and approve the contractual agreement with SBCS to provide services for domestic violence cases. SBCS has tailored their programs to meet the needs of the City and their experience, qualifications and community presence make them a unique service provider. The Domestic Violence Response Team consists of detectives from the Family Protection Unit of the Police Department and Advocates from South Bay Community Services. The Advocates work closely with the Detectives, provide more intensified follow-up services after the violent incident, and help prevent the need for further intervention by law enforcement. SBCS' Advocates are mandated to provide 24-hour immediate mobile crisis intervention in response to 911 calls to the CVPD on all family violence cases involving children. Immediate response is construed to mean 20 minutes and current average response time is 19-22 minutes. SBCS emergency staff meets CVPD officers at the scene of domestic violence crimes to assess for child abuse as well as offer services to victims. Additionally, CVPD has dedicated personnel from the Family Protection Unit to arrive in such cases. This dedicated staffing will allow both CVPD and the SBCS Advocate to have increased access to victims after the incident. The following business day, the Advocate will follow-up with victims (alone or with a CVPD Detective), set up home visits with those not sheltered and provide case management and additional services to those placed in shelter. These visits will be coordinated with a Detective, depending on the severity of the abuse and if the perpetrator is still at large. Other SBCS Advocate services include safety planning, support groups and counseling, Temporary Restraining Order information and assistance, and transportation to a domestic violence shelter. Fiscal Year 2007/2008 DVRT Accomplishments Investigated 1,697 cases of suspected domestic violence Made contact and offer advocacy to 100% of victims with cases assigned to the unit Provided advocacy, including crisis intervention, resource and referral assistance, emergency assistance, and/or restraining order assistance to 973 victims Provided 6 training sessions to officers, highlighting the DVRT process as well as other agency-wide services available to the community 11-2 12/09/2008, ItemJL 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 18704.2(a)(I) is not applicable to this decision. FlSCAL I1'1PACT The grant funding from the Governor's Office of Emergency Services in the amount of $150,000 will completely offset the South Bay Community Services subcontracting costs of2.75 FTE Advocates and 0.20 FTE data entry personnel during the period of January 1, 2009 to December 31, 2009. Continuing services of the Advocates and data entry personnel beyond December 31, 2009 is contingent upon additional grant funding from the Office of Emergency Services to support the program. Adoption of this resolution will result in an appropriation of $75,000 to the fiscal year 2008/2009 budget of the Police Grant Fund to cover the grant period of January 1 to June 30, 2009, and direct staff to include $75,000 in the fiscal year 2009/2010 Police Grant Fund budget for the period of July I to December 31, 2009. The funds from the Governor's Office of Emergency Services will completely offset the subcontracted costs, resulting in no net fiscal impact. ATTACHMENTS A. Agreement with SBCS for Domestic Violence Response and Advocacy Services. Prepared by: Edward Chew, Administrative Services Manager, Police Department 11-3 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED . AND APPROVED AS TO FORM BY THE CITY ATTORl'ffiY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~~-' 0-</'</2''' C,<-7'] ~7~ Bart Miesfeld Interim City Attorney Dated: (17..- - '2 -O,?" Agreement between City of Chula Vista and South Bay Community Services For Domestic Violence Response and Advocacy Services 11-4 Agreement between City of Chula Vista and South Bay Community Services for Domestic Violence Response and Advocacy Services This agreement ("Agreement"), dated 12/09/2008 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, since 1997, the City has worked with South Bay Community Services to provide Domestic Violence Response and Advocacy services; and, Whereas, South Bay Community Services has partnered with the Police Department since 1985 and tailored their programs to meet the needs ofthe City; and their experience, qualifications and commwlity presence make them a uniq~e service provider; and, \iVhereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deli ver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions ofthis Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) 11-5 Page 1 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: I. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties;'; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph IO(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. 11-6 Page 2 F. Insurance Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Consultant, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence Form CGOOOI). (2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code I (any auto). (3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. . (4) Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Limits ofInsurance Contractor must maintain limits no less than: I. General Liability: (Including operations, products and completed operations, as applicable) 2. Automobile Liability: 3. Workers' Compensation. Employer's Liability: 4. Professional Liability or Errors & Omissions Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $1,000,000 each occurrence 11-7 Page 3 Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: (I) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are . to be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using ISO CG 20 I 0 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (2) The Consultant's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. (3) The insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. (4) Coverage shall not extend to any inderrmity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (I) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. 11-8 Page 4 (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the co'ntract work. (3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (4) A copy of the claims reporting requirements must be submitted to the City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors Consultants must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants are subject to all of the requirements included in these specifications. G. Security for Performance (I) Performance Bond In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, 11-9 Page 5 except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required: Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph 18. (2) Letter of Credit In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18. (3) Other Security In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. H. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the ChulaVista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall perinit acce.ss to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision of these materials beyond thirty (30) days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance ofthis agreement. B. Compensation 11-10 Page 6 Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set. forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph II. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate"). Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 11-11 Page 7 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a govemmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission; and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflIct with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter 11-12 Page 8 of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. Consultant further warrants and represents that no promise of future employment, remuneratio"n, consideration, gratuity or other reward or gain has been made to Con.sultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the ,vritten permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. . 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result ofthe negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and _ liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. 11-13 Page 9 For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers), the following indemnification provisions should be utilized: (I) Indemnification and Hold Harmless Agreement With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability . Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnifY, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. (2) Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this agreement, but this indemnity does not apply liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifYing the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 11-14 Page 10 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receivejust and equitable compensation for any . satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment. or notation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. 11-15 Page 11 Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resol ving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report .or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or 11-16 Page 12 salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permi tted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served.ifpersonally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each ofthe designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to eriable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. (End of page. Next page is signature page.) 11-17 Page 13 Signature Page to Agreement between City of Chula Vista and South Bay Community Services for Domestic Violence Response and Advocacy Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: City of Chula Vista By: Cheryl Cox, Mayor Attest: Donna Norris, City Clerk Approved as to form: Bart Miesfeld, Interim City Attorney Dated: Exhibit List to Agreement eX) Exhibit A. 11-18 Page 14 Exhibit A to Agreement between City of Chula Vista and South Bay Community Services 1. Effective Date of Agreement: 01/01/2009 2. City-Related Entity: (X) City ofChula Vista, a municipal chartered corporation of the State of Cali fomi a ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: ("City") 3. Place of Business for City: City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: South Bay Community Services 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 1124 Bay Blvd., Suite D 11-19 Page 15 Chula Vista, California 91911 Voice Phone: (619) 420-5094 Fax Phone: (619) 420-8722 7. General Duties: Domestic Violence Response and Advocacy Services 8. Scope of Work and Schedule: A. Detailed Scope of Work: . Provide the 24 hour / 7 days a week Community Assessment Workers for the Domestic Violence Response Team, to respond to calls from Chula Vista Police Department officers . Provide and coordinate a continuum of services to the families identified by the project which may include: crisis intervention, assessment, case management, individual group and family cOlmseling,confidential shelter or transition housing, and a temporary restraining order clinic . Provide cooperation and information for evaluation and measurement of components of the project. B. Date for Commencement of Consultant Services: ( ) Same as Effective Date of Agreement (X) Other: 01/01/2009 C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Domestic Violence Response and Advocacy Services during the period of 01/01/2009 to 12/31/2009 D. Date for completion of all Consultant services: 12/31/2009 9. Materials Required to be Supplied by City to Consultant: None. 10. Compensation: A. (X) Single Fixed Fee Arrangement. F or performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deli verables set forth below: 11-20 Page 16 Single Fixed Fee Amount: $142,857, payable as follows: Quarterly installments of $35,714.25 each. II. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X)None, the compensation includes all costs. 12. Contract Administrators: City: Lieutenant Gary Ficacci, Investigations Division Chula Vista Police Department 315 Fourth Avenue, Chula Vista, CA 91910 (619) 585-5670 Consultant: Kathryn Lembo, Executive Director South Bay Community Services 1124 Bay Blvd., Suite D, Chula Vista, CA 91911 (619) 420-5094 13. Liquidated Damages Rate: None. 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer 15. ( ) Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: None. 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: 11-21 Page )7 ( ) Monthly (X) Quarter! y ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: 100-25203-6401 18. Security for Performance: None required 11-22 Page 18 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $150,000 FROM THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES At'ill APPROPRIATING FUNDS THEREFOR, WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING THE CONTRACTUAL AGREEMENT v~TH SOUTH BAY COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES WHEREAS, the Governor's Office of Emergency Services has awarded a grant to the Chula Vista Police Department for the Domestic Violence Response Team; and WHEREAS, the Police Department is seeking to waive the consultant selection process as South Bay Community Services has partnered with the Police Department since 1985 and. tailored their programs to meet the needs of the City; and their experience, qualifications and community presence make them a unique service provider; and WHEREAS, acceptance of this grant award will offset the cost of subcontracting services of South Bay Community Services during the period of Jimuary 1,2009, to December 31, 2009; and WHEREAS, the services provided by South Bay Community Services beyond December 31,2009, are contingent upon available grant funding to support the program; and WHEREAS, the Domestic Violence Response Team will provide advocacy, crisis intervention, resource and referral assistance, emergency assistal1ce and/or restraining order assistance to the community. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $150,000 from the Governor's Office of Emergency Services for the Domestic Violence Response Team. BE IT FURTHER RESOLVED THAT the City Council does hereby amend the Police Grant Fund budget by appropriating $150,000 for subcontracted costs. BE IT FURTHER RESOLVED THAT the City Council does hereby authorize the Mayor of the City of Chula Vista to execute the Agreement on behalf of the City of Chula Vista. Approved as to form by r ~~ DfP<-n Bart C. lies d C(7'r 4'77ol1.-"--"t'1 Interim City Attorney Presented by Richard P. Emerson Police Chief J:\AlIomey\RESOLUTIONS\POLlCE\SoUlh Bay Comnlun;ly Srvcs_\ 2-09-08.doc 11-23 "~~~. CITY COUNCIL AGENDA STATEMENT .,~.."'. '''J:''.".'.'''"''- .~~.:.. .,.- ..~'L3~ ~\~ CITY OF ~ CHULA VISTA 12/09/2008 Item fro-.. ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $236,902 FROM THE CALIFORt~ OFFICE OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE GRAt'iT FUND FOR THE SOBRIETY CHECKPOINT PROGRAM CHIEF OF POLICE fl--- INTERIM CITY MAl'JAGER 7--r 4/5THS VOTE: YES X NO SUBMITTED BY: REVIEWED BY: SUMMARY The Police Department has received funding from the California Office of Traffic Safety for the Sobriety Checkpoint Program. The goal of this program is to reduce the number of victims killed and injured in alcohol-involved crashes. ENVIRONMENTAL REVIEW. This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in 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 adopt the resolution. BOARDS/COMMISSION RECOiVLvIENDATION Not applicable. 12-1 12/09/2008, Item 1 J.. Page 2 of2 DISCUSSION The California Office of Traffic Safety's (OTS) IlllSSlOn is to obtain and effectively administer traffic safety grant funds to reduce deaths, injuries and economic losses resulting from traffic related collisions. The Police Department has been awarded various OTS grants, including the Serious Traffic Offenders Program (STOP), Comprehensive Traffic Safety Program, Dill Enforcement Program, ,and Selective Traffic Enforcement Program (STEP), which all enhanced the Traffic Unit by funding new positions. Additionally, OTS administers mini-grants such as the Sobriety Checkpoint Program and Click It or Ticket, which funds traffic enforcement operations on an overtime basis. The Police Department has received funding from the California Office of Traffic Safety for the Sobriety Checkpoint Program. The goal of this program is to reduce the number of victims killed and injured in alcohol-involved crashes. The Department has been approved to conduct up to 28 sobriety checkpoints during the period of October I, 2008 to September 8, 2009. To support the National Impaired Driving Campaign, checkpoints conducted during specified Winter Holiday and Labor Day mobilization periods is a priority for the Office of Traffic Safety and National Highway Traffic Safety Administration (NHTSA). The Winter Holiday mobilization runs from December 12, 2008 to January 3, 2009, and the Labor Day mobilization runs from August 21, 2009 to September 7, 2009. Additional checkpoints may be conducted outside of these mobilization periods. Each sobriety checkpoint will be compensated on an overtime basis only. 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 Approval of this resolution will result in the appropriation of $236,902 to the personnel budget of the Police Grant Fund. Because the grant period crosses between two fiscal years, SI77,677 will be appropriated to the fiscal year 2008/2009 budget and $59,225 will be appropriated to the fiscal-year 2009/2010 budget. The funding from the California Office of Traffic Safety will completely offset the costs of conducting the sobriety checkpoints, resulting in no net fiscal impact. ATTACHMENTS None. Prepared by: Edward Chew, Administrative Services Manager, Police Department 12-2 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $236,902 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE SOBRIETY CHECKPOlNT PROGRAM WHEREAS, the City of Chula Vista Police Department was awarded a grant from the California Office of Traffic Safety for the Sobriety Checkpoint Program; and WHEREAS, the goal of this program is to reduce the number or victims killed and injured in alcohol-involved crashes by conducting sobriety checkpoints; and WHEREAS, each sobriety checkpoint will be compensated on an overtime basis only; and WHEREAS, the grant funds from the California Office of Traffic Safety will offset the costs of conducting' the sobriety checkpoints. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $236,902 from the California Office of Traffic Safety for the Sobriety Checkpoint Program and amend the Police Grant Fund budget by appropriating $236,902 for personnel costs. Presented by Approved as to form by c2C~ < Bart C. Miesfe d Interim City Attorney [) ff>u) 'r C("'t'1 If'7 70/!~1 Richard P. Emerson Police Chief J.\Allomey\RESOLUTIONS\POL1CE\AcC~l $2J6K from Cal Ofc ofTr:lffic Safe:v--SAbrielv Chkpl Program IZ.09-08.doc . - 1L-3- CITY COUNCIL AGENDA STATEMENT 12/09/2008 Item~ ITEM TITLE: . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $49,913 FROM THE CALIFORNIA OFFICE' OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDSTO THE POLICE GRAL'IT FUND FOR THE CIf,PZ IT OR TICKET PROGRAM CHIEF OF POLI~ ---- INTERIM CITY MAL'IAGER ""j} 4/5THS VOTE: YES X NO SUBMITTED BY: REVIEWED BY: SUMMARY The California Office of Traffic Safety has awarded $49,913 to the Police Department for the Click It or Ticket Program. The goal of the California Click It or Ticket project is to increase seat belt use statewide to 96% by September 8, 2009. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the. California Environmental Quality Act (CEQA) and it has been detennined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the enviromnent; 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 adopt the resolution. BOARDS/COMMISSION RECOMj\'IENDATION Not applicable. 13-1 12/09/2008, Itemn Page 2 of2 DISCUSSION The California Office of Traffic Safety's (OTS) mission is to obtain and effectively administer traffic safety grant funds to reduce deaths, inj uries and economic losses resulting from traffic related collisions. The Police Department has been awarded various OTS grants, including the Serious Traffic Offenders Program (STOP), Comprehensive Traffic Safety Program, DU1 Enforcement Program, and Selective Traffic Enforcement Program (STEP), which all enhanced the Traffic Unit by funding new positions. Additionally, OTS administers mini-grants such as the Sobriety Checkpoint Program and Click It or Ticket, which funds traffic enforcement operations on an overtime basis. The Police Department has received funding from the California Office of Traffic Safety for the Sobriety Checkpoint Program. The goal of the California Click It or Ticket project is to increase seat belt use statewide to 96% by September 8, 2008. Through the combined efforts of state and local law enforcement, the state will initiate a ''Next Generation - Click it or Ticket" campaign by conducting two well-publicized seat belt enforcement mobilizations in November 17-30, 2008 and May 18-31, 2009. Funds provided by this grant will be utilized to increase the level of seat belt enforcement hours on an overtime basis for first line supervisors, officers, and administrative time to meet grant reporting requirements. DECISION lVIAKER 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 I 8704.2( a)(l) is not applicable to this decision. F1SCAL IMP ACT. Approval of this resolution will result in the appropriation of $49,913 to the personnel budget of the Police Grant Fund. Because the grant period crosses between two fiscal years, $37,435 will be appropriated to the fiscal year 2008/2009 budget and $12,478 will be appropriated to the fiscal year 2009/2010 budget. The funding from the California Office of Traffic Safety will completely offset the costs of conducting the seat belt enforcement operations, resulting in no net fiscal impact. ATTACHMENTS None. Prepared by: Edward Chew, Administrative Services lVfanager, Police Department 13-2 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $49,913 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY Al'-.fD APPROPRlATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE CLICK IT OR TICKET PROGRAM WHEREAS, the California Office of traffic Safety has awarded $49,913 to the City of Chula Vista Police Department for the Click it or Ticket Program; and WHEREAS, the goal of the California Click It or Ticket project is to increase seat belt use statewide to 96 percent by September 8, 2009; and WHEREAS, through the combined efforts of state and local law enforcement, the state . will initiate a "Next Generation - Click It or Ticket" campaign by conducting two well- publicized seat belt enforcement mobilizations on November 17-30, 2008, and May 18-31, 2009; and WHEREAS, funds provided by this grant will be utilized to increase the level of seat belt enforcement hours on an overtime basis for first line supervisors, officers, and administrative time to meet grant reporting requirements. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $49,913 from the California Office of Traffic Safety and appropriating said funds to the police grant fund for the Click It or Ticket Program. Presented by Approved as to form by Richard P. Emerson Police Chief ~~~;M' Interim City Attorney Cr7''1 /l--7? 0.0/",--,,; '7 J:\Auomeyl.RESOLUTIONSIPOLlCE\Accel't S49K from orc of Traffic Safely--Click it or fC3~~~9-08.dOC ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ~Vt-- CIIT OF PO "'&'.:'!'CHULA VISTA DECEMBER 9, 2008, Item~ PUBLIC HEARING FOR THE PROPOSED ASSESSMENT . OF CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAi\lD Ai\lD PLACEMENT OF . DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AI'ID APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL DIRECTOR OF FINAI"iCE/TREASURER~ INTERIM CITY rvIANAGER '7 r DEPUTY CITY MANAGER fr/ 4/STHS VOTE: YES D NO ~ SUMMARY In order to adequately protect the City's interest in delinquent solid waste service charges and ensure that coUection efforts are directed towards the responsible property owner in the event of a change of ownership, staff is recommending approval for liens against affected properties as a preliminary action to placing the delinquencies on the property tax roUs if they remain unpaid. Adoption of this resolution wiU enhance the coUection process for delinquent solid waste service charges by reducing the amount of uncoUectible losses and ensure that payment wiU be received on a more timely basis. This is the identical process approved by City Council on a regular basis since mid- 200 I. 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 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. 14-1 DECEMBER 9, 2008, Iteml1- Page 2 of 3 RECOiVIMENDATION Council conduct the public hearing and adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION In November 1998, City Council amended Municipal Code Section 8.24 to eliminate suspension of solid waste service for nonpayment. To ensure that all residents pay their fair share of the costs of this program, the ordinance allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for solid waste service accounts that are over ninety days delinquent. At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City CounCil. Lastly, the City Council adopts a resolution assessing such amounts as recorded liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. As these amounts are collected, the monies are remitted to Allied Waste Services less the City's Franchise Fees, AB939 fees and late charges. Because charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection. If the City were to address these delinquent charges only once a year in August, the effectiveness of using the property tax bill as a means of collection would be significantly reduced as the owners of record in August would not necessarily be the people responsible for the delinquent charges. In cases where properties are sold or transferred, assessing liens midyear holds the correct parties responsible for the delinquent charges. In cases where property owners choose to refinance their mortgages, the midyear liens will ensure the City receiving payment in a more timely manner as the delinquent charges would be paid through escrow during the refinancing process. In July 2008, City Council approved 351 delinquent accounts valued at $40,000 to be placed on the property tax bills for collection. Since then, Allied Waste Services has identified and submitted an additional 2,565 delinquent accounts valued at over $259,200 to the city for collection. Through the City's preliminary collection efforts, 1,393 accounts have been resolved, and the remaining 1,172 accounts valued at $161,300 are now being submitted (listing available at the Finance Department). The account status and property ownership on these accounts have been verified by both Allied Waste and City staff. While many of these delinquent accounts have gone through the lien process before as they continue to remain unpaid, the total number of delinquent accounts being submitted for the lien process continues to climb. 14-2 DECEIvfBER 9, 2008, Item~ Page 3 0 f 3 These property owners were notified of their delinquencies through a series of past due notices sent by Allied Waste until they were ultimately submitted to the City for collection. City staff sent out past due letters within the past 60 days, and two weeks ago, these property owners were notified of the public hearing and were asked to pay their delinquent solid waste service charges prior to 1:ransmittal.of the delinquent account list to the County to avoid a lien being place"d on their property. City staff has been working with Allied Waste to resolve any customer disputes as they arise and payment arrangements have been set up as needed. Staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration on the day of the public hearing in order to reflect the most current payment postings. Staff is recommending that the City Council approve the final list of delinquent solid waste accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. 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 properties which are the subject of this action. FISCAL IMP ACT By using the property tax bill as the ultimate collection method for delinquent solid waste service charges, the City realized a total of approximately $95,000 in Franchise Fees, AB939 Fees and late charges for Fiscal Year 2007/2008. From this action alone, the City should realize approximately $51,000 in revenues from the total $259,200 collected, and the balance of $208,500 would be forwarded to Allied Waste Services. Prepared by: Nadine AfandeJY, TreasUlY Alanager, Finance Department 14-3 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, in November 1998, the City Council amended Municipal Code section 8.24 to eliminate suspension of solid waste service for nonpayment; and WHEREAS, to ensure that all residents pay their fair share of the costs of this program, the ordinance allows for delinquent solid waste service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection; and WHEREAS, the ordinance states that upon notification to the property owners, a public hearing is set for solid waste service accounts that are over ninety days delinquent; and WHEREAS, at the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts as submitt'ed or as modified or corrected by the City Council; and WHEREAS, because charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection; and WHEREAS, the account status and property ownership on these accounts have been verified by both Allied Waste and City staff; and WHEREAS, property owners were notified of their delinquencies through a series of past due notices sent by Allied Waste until they were ultimately submitted to the City for collection; and WHEREAS, staff has notified the property owners of the public hearing and these owners were asked to pay their delinquent solid waste service charges prior to transmittal of the delinquent account list to the County to avoid a lien being placed on their property; and WHEREAS, staff is recommending that the City Council approve the final list of delinquent solid waste accounts, as submitted, and that these charges be forwarded to the County and assessed as record liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. J:lAnomey\RESOLUTIONS\SOLlD W ASTE\Delin<!uenl Solid Waste Srvc Chrg5_12-09-ol4_ 4 Resolution No. 2008- Page 2 NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby: (I) conduct the public hearing to consider assessing certain delinquent solid waste service charges as liens on the affected properties; (2) overrule any and all protests or objections presented at the public hearing; and (3) approve, with respect to the delinquent account list submitted to the City Council and on file in the City Finance Department, assessing delinquent solid waste service charges as liens upon the respective parcels ofland and the placement of such delinquent charges as special assessments on the next corresponding regular tax bills, unless cleared prior to transmittal of the delinquent account list to the County. Presented by Approved as to form by ~~. " j '1/111/ !&:t) /.fl ,_li'lrt-e;-. M'iesfel {RnterimGity Attorney 1/ \ Maria Kachadoorian Director of Finance J:\Allomey\RESOLUT10NS\SOLlD WASTE\DelinquClI Solid Waste Srvc Chrgs_12-09-ol4=.- 5 CITY COUNCIL AGENDA STATEMENT "If; .:$ ~ CITY OF ~ (HUlA VISTA DECEMBER 9,2008, ItemR ITEM TITLE: PUBLIC HEARING FOR THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL SUBMITTED BY: DIRECTOR OF FINANCE/TREASURER 1~ INTERIM CITY MA1"lAGER <;;T DEPUTY CITY MANAGERW 4/STHS VOTE: YES D NO ~ REVIEWED BY: SUMMARY In order to adequately protect the City's interest in delinquent sewer service charges and ensure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff is recommending approval of liens against affected properties as a preliminary action to replacing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payments will be received on a timely basis. This is the identical process approved by City Council since August 1998. Ej',rvIRONiYIENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actlvlty 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 15060(c)(3) of the State CEQA 15-1 DECEMBER 9, 2008, Item~ Page 2 of3 Guidelines the activity IS not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council conduct the public hearing and adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty days delinquent. At the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as recorded liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. Because charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the atTected properties midyear as to better ensure the City's chances for collection. If the City were to address these delinquent charges only once a year in August, the effectiveness of using the propeliy tax bill as a means of collection would be significantly reduced as the owners of record in August would not necessarIly be the people responsible for the delinquent charges. In cases where the properties are sold or transferred, assessing liens midyear holds the correct parties responsible for the delinquent charges. In cases. where the property owners choose to refinance their mortgages, the midyear liens would ensure the City receiving payments in a timely manner as the delinquent charges would be paid through escrow during the refinancing process. In July 2008, City Council approved 471 delinquent accounts values at $165,000 to be placed on the property tax bill for collection. Staff recently identified 327 accounts totaling $167,200 as being over 60 days delinquent and through preliminary collection efforts, 161 accounts have been resolved, and the remaining 166 accounts valued at $61,400 are now being submitted (listing available at the Finance Department). While many of these property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid, the total number of delinquent accounts being submitted for the lien process continues to climb. These propeliy owners have been notified of their delinquencies within the last 60 days, and two weeks ago, they were notified of the public hearing and were asked again to pay 15-2 DECEMBER 9, 2008, Item~ Page 3 of3 . their delinquent sewer service charges to avoid a lien being placed on their property. Payment anangements will be set up as needed, and staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration on the day of the public hearing in order to reflect the most current payment postings. Staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective owner occupied parcels of land and ultimately placed on the next regular tax bill for collection. 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 properties which are the subject of this action. FISCAL IMPACT By placing delinquent sewer service charges on the property owner's regular tax bill, the City realized approximately $325,000 in additional sewer fund revenues for Fiscal Year 2007/2008. From this action alone, the City should realize approximately $167,000 in revenues. Prepared by: Nadine Mandery, Treasury lvJanager, Finance Department 15-3 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN' DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, Chula Vista Municipal Code section 13 .14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed. on the property tax bills for collection; and \VHEREAS, the ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty days delinquent; and WHEREAS, at the hearing, the City Council considers the delin9.uent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council; and WHEREAS, because charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection; and WHEREAS, while many of these property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid, the total number of delinquent accounts being submitted for the lien process continues to climb; and WHEREAS, these property owners have been notified of their delinquencies within the last sixty days, were notified of the public hearing and were again asked to pay their delinquent sewer service charges to avoid a lien being placed on their property; and WHEREAS, staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective owner occupied parcels of land and ultimately placed on the next regular tax bill for collection. };lAtlameylRESOl.liTIONSISEWERIDelinquenl S~er Service Charges_12-09-08.DOC 1 5 - 4 Resolution No. 2008- Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista that it: (1) conducts the public hearing to consider assessing certain delinquent sewer service charges as liens on the affected properties; (2) overrules any and all protests or objections presented at the public hearing; and (3) approves, with respect to the delinquent account list submitted to the City Council and on file in the City Finance Department, assessing delinquent sewer service charges as liens upon the respective parcels of land and the placement of such delinquent charges as special assessments on the next corresponding regular tax bills, unless cleared prior to transmittal of the delinquent account list to the County. Maria Kachadoorian Director of Finance Presented by J:\Anomey\RESOLUTIONSISEWERlOelinquent Sewer Service Charge-o 12-09-08.DOC ~ 15-5 Larry Breitfelder Page 1 of1 Keee, vcd over +he Counter on J:::eC-ernber :5;~O~ . &ffir~ From: To: cc: "lany Breitfeldef' <lbreitfelder@Cox.net> "Mayor Cox and Council Members". <ccoX@Chulavista.gov> "Chula Vista Police Officers Association. <mail@cvpoa.org>; .Chula Vista Firelighters Association" .<Ibreitfelder@cox.net> Thursday, December 04,200812:44 PM . Budget Sent: Subject: Dear Mayor and Council Members: Chula Vista's financial condition is serious and you are to be commended for your commitment to come to grips with this situation. The council needs and deserves.support from the public to take extraordinary measures necessary to finally put our fiscal house in order. TheChula Vista Taxpayers Association and I believe the great majority of the public recognize this imperative. Hiowever, on behalf of the CVT A let me point out that even in a time of crisis, public safety is the most fundamental responsiblity of government. In this realm above all others, our major asset is the quality. of people we retain in public service. On occasion this is literally a matter of life or death. Thank you again for your diligence in this matter. The community's future is in your hands. Sincerely, Larry Breitfelder President, Chula Vista Taxpayers Association 12/4/2008 :I.+et-A. \Ce. ~l'\.>.0\. \U.,~ TO: Mayor Cox, and Council Members DATE: December 9, 2008 SUBJECT: Recommendation With Regard to Fire Department Overtime Mayor Cox and Council Members: ~ During the City Council meeting on December 2, 2008, I heard a statement that there are those within the City Fire Department being paid as much as fifty-five thousand ($55,OOO) dollars a year for overtime. If I understood the statement correctly, a fireman who asks another to work a day for him or her; that consequently the person who worked would draw overtime pay. A fireman being he!d over to complete a situation, then yes, that '....auld be a determinant for overtime pay. As a Reservation Agent having worked for tllree (3) different airlines, please allow me suggest the nearly same practicable system each used for agents who needed to be off all a certain day. I would find another agent to trade days with me, we would simply submit a "trade slip" to the clerk: for approval; correspondingly she would know which person would be there working to cover that particular shift; hence no overtime paid. It seems to me, if is there is nothing to the contrary, and this system could be implemented, a day for a day, that it would be beneficial to our City in that the overtime allotment in the budget could be greatly reduced. Then too, I heard a council person speak to volunteer help; I would like to speak with that person. Thank you for your attention. NORMA JEAN TURNER space 119 521 Orange Avenue ChulaVista,CA91911 KGHO:(619}409.699S E~1AIL: nonnajean79@cox.net 1\0<". =-1-- \;>1'<1<>11: December 9, 2008 . Returning to Council on December 16 Early Retiremf'nt D~- . Refit I RDA /(h"n[oJO,,-r Reve. III'^-' Solar Separat Emplo~~.... roCUS Group cost savings list Real estate assets - Administration Department budget E-government RFP for parking lot management . 19S :0 Council ~",ol ~ \;) A/c~ December 9,2008 · Returning to Council on December 16 - Early Retirement Program - Refinancing debt - RDA debt - Revenue forum - Solar panels on public buildings . Separate memos provided to Council - Employee Focus Group cost savings list - Real estate assets - Administration Department budget - E-government - RFP for parking lot management Passport Revenue Report . lIe.llon Photo MONTHLY MONTH Revenue R.'enue TOTAL 20~) Ocklber , 1,020 , '" , 1,J50 2001 November , 3,450 , ... , 4,440 20070ecom!>er , 7,080 , 1,995 , 9,076 2008 Janu.ry , 9,0)3 , 2,160 , 11,193 2008febru.. , r51l , 1M~ , .,388 2Q08Man:h , JS75 , 1,080 , b,055 20G8April , J,S14 , '" , 4,874 2008Ma , J,624 , 1,620 , 5,244 2ll(1SJune , 2,9'1 , "' , J,1S1 2008Ju , 2,llJ , 00. , 2,9ll ;,wOa"'U~u5t , 1,765 , "' , 2,411 2GOaSeptember , ~.249 , '" , 3,22' 1200aOclo~e' , 200~ , <eo , HaS 2MSNovomb<< , 1.061 , '" , 1_442 200800<oml,.r1211_12I8)_ . , ". , '" , I,O,~ TOTAL , 52,716 , 15,225 , 67,941 Pas.sport Revenue by Month S12.000 $10,000 S8.oo0 $6,000 $4,000 $2.000 ; Oct_07 Dee-07 Feb-08 Apr-08 Jun-08 Aug-08 Ocl_08 Dee-08 i'/oto,Docember2008revenue,.IIe-ctsr.VMu@fromDOClto[tec8 Calendar Year 2009 . Mail Ballot Election:May 5 or August 25 . Special Election - Possible Dates: June 2 or November 3 - Cost Estimate $600,000 - $700,000 - Election must be called by February 24 for a June 2 election and by July 28 for a November 3 election Calendar Year 2010 . Mail Ballot Election: March 2, May 4, or August 31 . Special Election Date Estimated Cost Resolution to be adopted by April 13 5600k to $700k Jan 5, 2010 June 8 $75,000 Mar 2, 2010 November 2 535,000 July 27, 2010 . FY 2010 projected: $26.4 million - (2% reduction from FY 2009) . Maximum increase: 1.25% - Rate after 1.25% increase: 9.00% -y~~ - 0.25% $6.6 0.50% 513.2 0.75% $19.8 1.00% $26.4 1.25% $33.0 . In order to eliminate the impacts to Public Safety the department would not eliminate the following positions: 1 Information Technical Support Specialists 1 Senior Application Support Specialist Estimated cost: $231,000 . . . . Total number of active volunteers in our database 1347 . Number of volunteers by department Police Department 109 CAST 30 Library - 261 - Animal Care Facility - 132 Recreation - 399 Nature Center - 148 Other departments - 268 ""~C' '" :'i> ., _"C<' , ',- -." - .,,,",,:,,' .' ,:' '.--- .,- .,. ,"'c" ";,,' ,_, c_........mx._._,.,./c_ . Volunteer Coordinator position (FY 00-01 thru FY 03-04) . Re-titling of position to Human Resources Analyst (FY 04-05 thru FY 07-08) . Human Resources Analyst cut FY08 . Police Department - Elliot Shaffer . Library - Fabiola Mendiola . Recreation - Lisa Petty, Carmel Wilson . Nature Center - Kerri Laube . Animal Care Facility - Lynn Garner, Linda Septon . CAST - Emerald Randolph . City buses (MTS) . City trucks and other vehicles . Graffiti Abatement Program - Elimination of one Graffiti Crew (Sf. Maintenance Worker and a Maintenance Worker) - Program costs total S171 ,400 I;';, . . Fee for parks reservations offsets the costs of maintaining the gazebo and picnic areas - fee does fully cover the cost of providing this service . Reservations can be made on-line or in person at the Public Works Center . Enterprise fund '. . Annual street light energy costs total $902,000 . Street light costs by type: -100 watt $323,000 -150 watt $ 46,000 - 250 watt $533,000 . Proposed reduction: reduce energy costs by turning off 50% of street lights along arterial streets and alternating lights on double mast arms for estimated savings of $150,000 Development Services & General Fund . Link to Local Streets.xls . Link to Other Public Works Proiects.xls Development Services & General Fund . . ,'-- , , ii '. 'il'" '!ill"..... . , ~ '. .~ c ~{ . "..m._ ............'_._. ....___........__w__._m_.~____m Reinstating Mobile Home Inspection Program would impact the General Fund as follows: 1.00 CEO Permit fees Net to impact $93,964 ($10,000) $83,964 The Heart of the Neighborhood Operating Expenditures Personnel Costs - 3 FTE's Part-time hourly Reimb to Other Agencies Supplies and Services Utilities Total Expenditures Adjusted Revenue $ 256,000 Net Operating Costs $ 300,300 $ , $ $ $ $ 276,400 65,000 61,000 93,400 60,500 556,300 . Naming rights . Funding from other agencies . Grant impact - -- - . Terminate all mechanical operations, and drain the pool . Unknown costs involved In subsequently re-starting operations. Costs could be significant, based on the duration of the closure and the condition of equipment. . Equipment would need to be evaluated, repaired and/or replaced. . Pool surface would need to be replaced. . Costs could range from $250,000 to $500,000 or more. . Maximjzes initial savings ,w___~ -':'X:} :AfW, .'-I!\II:1 f * '-~q 0 i - -~ ,_c_:_, c"', .. ..",,;' .,;;,4. . Maintain minimal mechanical operations, and maintain water in the pool . Filtration systems, circulation systems, and chemical treatment systems are maintained and used, potentially avoiding costly repair or replacement caused by non-operation . Pool surface maintained by keeping water in the pool, potentially avoiding costly surface replacement . . ...$].~. ",,- , ""',. " Costs unknown, but estimated at $50,000 annually Provides the opportunity to bring the pool back to full operational status in a relatively short period of time should Lorna Verde Pool need to be closed Reduces net saving of closure . . Personnel: $262,873 1.00 Librarian III 050 Librari,m I1II 0.75 Library Associate 0.50 Delivery Driver Hourly Wages Supplies & Services S 8,132 Books $ 20,000 Estimated Total $291,005 33 sites: 7 STRETCH, 4 DASH Plus, 22 DASH STRETCH , 960,632 DASH $1,209,470 Estimated Total $2,170,102' "Funding Source Detail: School District $ 605,687 State Granl Funds via District $1,099,306 (11 STRETCH & DASH Plus sites) City ofChul<l Vista $ 465,109 Plopose to SUppor1 finding anolher vendor to deliver this program . Cosl recovery proposal should assume bolll City and School Dls/rid flmding; l1owever; grant resltictions mllsl also be consi1iered Street Team Sergeant, Agent, 7 Peace Officers $848,000 JUDGE Unit - Sergeant and 5 Agents $532,400 Narcotics Enforcement Team Sergeant and 2 Agents $480,900 '*'1' '1'% $I --- Y_____.__, -,- - -,-, -" -,- -,'" --.' '-' ,,- "../' . .,-, - "n_, .' .-- , , ,- ---, ' - ... , -- ,.,.- ,. '-. -- n_ _.,_..' ".- -, .. ,. . ----- .,. ,-, '.-, ,-,-0<. ._'___.,.'_" ,., '- -..~.'.' 1 Peace Officer and 2 Police Community Relations Specialist Police Public Safety Analyst DBA/Police Principal Management Analyst DBA Special Projects Manager Net Cost of Grant Staffing: $397,600 CIlVOF CHULA VISTA flnanceOcpartment Collections Unit Delinquent Trash Accounts With Notice Of Public Hearing Sent O.""mboe,09,2""B AcCQunt"o. P,,,,.I,,o. B.Ionc.Oue ""043 "'80600400 $1U~OO 17'00 51=1500 S23l.51 7"''" W33601700 S24S.lQ 19'''" ,,220,""1;;) $lij-141 180565 B2202024DD ~U3 03 195P20 ~~ $161.26 tJ7452 6220121600 S'04,~ 15J6B1 (;%O"D"",' $%.04 175<82 ,43>>10'".' 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P.'0.'0127 !\ ihd,,,,.h'" CITY OF CHULA VISTA Finance Department Collections Unit Delinquent Trash Accounts With Notice Of Public Hearing Sent O.,.mber09,200a Acoo""tNo_ ".",.1 No_ B.I,neoO". 17701" "'2712l0~ \11:;.77 1382\2 0;012711500 .111.61 15:>113 6.~e1Q;2a29 $95.71 ""44J 0<0J232400 51"',5-\ 14""02 5~,U202000 5"5.77 ,,,'769 ~~\.Il201300 522Hl 14'563 62:lOJO\tJ--' S9~," '"'000 62:10>01115 $88,18 182913 G4QJ;>?(>lOO $99.1' Jl~a7 "'n71350~ $"~,H '""'03 0'31l'''1300 S95," ._" 543381l2O:i lr03.73 \9<'06D 1;<133a020to $1\6m 161469 ~~,845?'OO $"'-76 11i1474 ~~5t144370~ "o~, ,~ '61416 o~~1l440700 .n3n Hi9517 6433llD",n 1168,0\ 1~706 6433'0\111 $155,81 193904 57&oO'D700 $2n77 185677 '~4J22f)~OO S107,lU 47906 o~':lil6100 S1".Bl .- 600Il:I12000 Sl18.61 174316 -,- $110,08 93361 503J10[J40' $"'-42 70234 W5J216123 $0';.77 J()205 592,0.;]3'00 5191.5< .-. .~- \106.06 1',974 ~J520,3,q $14~ 20 1ltBJ6 m1101290~ $9'>.17 61'%" Sn08012DD sn4m 176501 5722L\21100 S107li r= 57m= SUlu" 14/616 ~J>oOOT;>:) $\J4,1\I.i Hm,5 r,~J>o05100 $\l1G1 '0364" ""0004600 $B'.U1 \7142, 63~OLOO800 8111,61 \"","l ll412822800 S101,Ja 1~338-~ 5~;j29'4500 $20\-'6 ,"3632 64J'3Xl400o ~222:i" P,,.20127 UlYOF CHULA VISTA Finance Department CollecllonsUnil Delinquent Trash Accounts With Notice Of Public Hearing Sent Ooo.mb.,O~,2M" AooounlNo. P'co.INo. Bal.",.Ou. 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CollectlonsUnif Delinquent Trash ;.GCcunts With Notice Of Public Hearing Sent D<<om"",09,20DS A"",,", No. Pa<<<>INo, B.L.,,~Du. 1$i)1'" 5733S20400 ;100.00 6~'aO 6'"[).5'O~OO $200.00 I'J.9O~ "O",,"",.'O SI"1.2' IU'J054 5f>10"<l."1ll ~"';.SO '"6<;~2 64}35~D200 ~97.2' '9(;3'5 6393022900 S,,650 '~M 62<15101000 $"312 IlI'J527 62015700700 Sl00.00 1Jo105 641160Ct!10n ~,ona 10';707 643051l>U' ~~07B Hog," 043""0"0 $U577 130050 5754220JOO ~'07.J" 'Ol4'6 -- ,,(lOW 14Jan "'0';>211:00 SI(lO.OO 1~n42 575"01100 $'~".26 1'Jo'"" 57527"'1l(l $l1H3 ",.25 57521"300 ."5T1 '~54'5 ""1J\l2100 ~'~7.35 '00305 ",91510200 ~~1"'6 >.~ 1lJ'l"'0J00 $100.00 '901141 &l24~' 1900 ,"~.54 "3[]''' 6424j'WLlO $2~4.64 '167[;6 "."<""01'"'' ~l1to' 176136 ,.-,~1~~~1lO0 $95.77 11<837 "26705100 $1.'~.6, '71JIJ "- $100.00 'JUJ32 "4166(>\200 $95.71 IM1"J 620044n200 ,232.73 ll'6Q~ '2"'11\100 .130.43 12a6G2 64W'lJl00 S'J5>5 ..- """7109(l(l .1Jl.91 ,,= 63971J0500 $111.6' 6M61 "~9271l300 $'01.'" 3';019 OJ,510:)300 $1:>4.G6 '"01"?" 043J411UOO $%,77 ",,50 """"""2'J $1'2."6 '4"r~1 6436"~~25 S95.77 .=. 1>1357\1400 >105.7> 18UI21 &l1271J800 $1,-",-"5 p"lI"'"o'27 ~\r?- -..- ,,-..;::---~-..:: ~~~;::-- CITY Of CHULA VISTA Finance Department Colledirms Unit Delinquent Trash Accounts With Notice Of Public Heal OK.mb"OO, 20'" ""count"". 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P"oBINo. ..1..000.,. ,a.'""2 56715005110 MM. "'9'M "'92320';00 S~5.77 '552<J3 020110";0" ~l ".61 '65"9 5755'O1~O~ $83.75 - 619nl<300 5'90,12 '6gQ19 61012\??oo S9S.n 179977 ;]19'711200 595.77 'e9370 "39412~nO" SuJ.2J '"7341 0431001,'0' ~12n5 17~776 """OUOBO~ 5'91.0' l!J.lOI2 6'310005:l1 S2"'e lQ1497 &l310005C. S'OtlO 191n.ll 6431002005 $95.77 la8876 "'J100201~ $'91,04 ""UBl "OD"COau('O $~6.77 ~"'47 "'"2"O,'~~O ~~5.17 111506 "~- S95.17 19$1" 6Hl400301l 599." 194095 6433400100 $248.41 H.ll3D &\00322000 $107.3" '''552" 64J61O:lJ70 $%.77 ,.'99 6200730000 $30./8 ,.)00' 593,73<700 $115.11 ... 6310131100 S1160' 1~'~92 B3101~Z500 $173.21 .5'J15 6411r,WliOu $1\1.61 1~"01 5%3212"14 $",.20 la~761 5"5:J212~" ~2~r,.7" ,WO 51~'210200 5100.00 ,- 619J503800 SIBS.5/! _0 6""1/31000 .1:l6."" '~5J' 62'J3Q10'OO .,".58 /.5"3 "lU''.i''.)f)O~ l,ep7 1~98.3 "2""11o)'00 $(;3.00 263/4 "2"L~'28oo S9(in ,-, &<1"'l14<OO S9~(;" 1'54~~ &<=12000 '157." 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P."",,,,. D,lonooOu. 68B95 5'S082D'JOO ~216.J< 155341 B1J500J7aO Sl1ui1 \04510 1;43,00,"0" S%", 1912<1< ,,53213000 503.51 ~nJl 62OOWgoo S~2.21 7B031 62001Dti900 $118_11 75467 '""2031300 $111.01 J.J7n G4140~:J.SOO S1lM2 55216 64l1l9U:-goo S118_82 140'70 1>>12301500 s,son 140179 0<12300600 S2.;1." 1411476 ""2301BDO $111.Gl 134500 6"'1lti5,"1 ~1J7.e. 1000.;. ~~'3:.'goo 126(:,% 1/0242 ~.;ro235000 ~107.3a 15'J/5" G4366?Gl00 $%.77 ,- 6411933400 Sl"~.43 ,-, 6-l11~31300 5"'_00 195122 005116400 SnO.8a 191171 6410'112800 5202.98 '""714 64121J540G S885G 185020 6424910600 $1'l<.20 19321<3 5'),"23100 11',5.00 1924-<9 0402723200 $2G2.38 '"0446 640,020700 HII.14 'o30~D 044201mO $05.77 1""37 S\l513SS'Y.l(J s:!lJo2 8<J3S0 6240J137oo ~95.n 125"" 6412015lOG S%~J 192951 5957512100 $225.01 ""~ 6~',OO1900 .90.77 11-1302 62JJ1<OOOO .un" 144065 8233140500 $~,.17 ""J45 0143)000:>' ~~7.n 1826'" "14}J()??~~ ~%.77 1lWlB2 ""'2"oJ3>OO ,68m tB0315 6416103375 S160.83 185003 ti300307400 ,111.61 183718 ",01820,00 ,83.83 P.".,....oI21 CITY 01: CHULA VISTA FInance Department COllect;onsUnit Delinquent Trash Accounts With Notice Of Public Hearing Sent o.,omb., 00. 2~OR Aecountllo. Por<<[No 0.'"0000"" 8'"10 ".32105600 S95.77 '"7309 59',o315J14 $'"1.54 10S>50 639S2~1700 $2:"."2 ""'40 6'~250500 $;>2.20 17'001 "'"'002000 $W7.38 %'^' ('23,gO,""" $271.2" 266/1 623?fHJ-t500 8239.01 ~S2'" 59-'!.,lJ300 5191.54 192130 6435443000 SI58.76 1"5237 64"5512000 $'2"-48 144870 0"",."01407 S24".02 '"18'1 "'3\412400 ,135.26 181"'9 64311614""" ,2.5.00 184035 64JD5'6"'< $10939 19.445 59572519~O $J~.61 168441 6430~S300 5100.00 812lS 6..'3',0000 $:23.05 229J2 "'91721"00 .'8'-5' 130"' (1191R10(;llL) $'8B.9~ 199;>' S66l50050" $111.01 .J3626 5683JU,OO S:".6. '""7~4 0""",22000 "~".71 166112 6434003300 $1915' l'J925a 040440010' $7B." M~53 &<2!2C42oo 5"'~.00 185074 G4Ji;002JOO 8102.8J 11143" 624",5JOOO .130.'3 '5831, ,95N63?0() $1116' ,"J02B 505"1'63900 $118.91 IIJ305 ,"",2"lIOOO 5123.<)5 169757 5684'04400 S214.76 1479" M3SS',",)lJ .110", :"",327 0424403200 $214.7" 99<"' 59-1-1_ ,95.71 180215 5.....104700 01/4.45 "JOOl ;;.12500070" .10156 1[1.;245 M25500Ja5 $~S.77 ,- 042=11>0 51B1.03 .00010 MO:l,ttJ(JQ ,'"".511 ""ye25c>f27 CITY OF CHULA VISTA Finance Department Collections Unit Delinquent Trash Accounts With Notice Of Public Hearing Sent O.""mbo,09,200i A<eoun'No. Pore.INo. 8"00001>"" 16\111 59-\4321000 S\OOIlO 19Ja~2 04"'50:1400 596.26 W,U38 ""0'012000 $1G_lill) 1"'''" 1;4:)'>11,110" $\1'<>' 22317 618150~200 $'~S ~~ "'" 514\500(".00 S'OO.OO 'OmJ 015330119(10 S1\\61 .\7:J.\'5 5944J01&1O S284.\4 15J'26 ""'^2"~OO S".J ",JOg 1;4~?O<l1""O $\11(;' 112'7S2 6')2914<lOO .UO.~" 1635JJ 6432913300 $'00.00 ,,- 624(12'0100 Sln11 \76215 ,"S21111lOO S9~n 655JO ""52112500 S"~ 15 1""513 595211""'J~ ,J,?1 1<l4"1tl 595213;>',"" $141,11 ,1999 5&529,5000 i~, 77 ')1029 ."""2300 il11G1 \!1'23 ..3570<909 S\3526 ,4S9<J4 6435<'049'0 5214.10 1711200 6435204~'2 $111.54 170''''~ 6n;"U4"'~ S"'S.' 14,640 6<35"00406 SJ5-" "5846 G'35<'1)54',' ~WU4 1l>t281 6-'36'112300 $'01.18 11\4129 I;4J6901&1O ~19\.S4 I11[}'21 590:),"'''5 $'1S.11 11770:\ 6411122ll~" S100.00 ,'1162 501'""1,00 \'Jo.77 1D2:l<7 5730r,~1900 ~~,9.74 1J431g &"'''105361 ~'OJ.18 \68161 "~. S9S.11 185<lOJ 6J9234020o $'01.3" '70700 6395~'10D 511'.<'0 ,,,or,., 5854'Il4N'o S'M.':; """' ,"044Do~Oo S8".3, 1~1163 ""'60(1140<) $lilB.5' .~, 5951110\200 5\00.00 . Po,.'""'" CITY OF CHULA VISTA Finance Department CollectionsUnif Delinquent Trash Accounts With Notice Of Public Hearing Sent 0000"'0",09.2008 AOCOUnlNo. p,,,,el"". aolonceCu" \9"31 59576030:>:1 $242.og '&6-007 '857603399 $111.6' '_9' "''''''02100 ~'lllloo "1'70 "",,",02OOll ~lO'.J" '9l:J5\ 6'3""130100 $\5(1.43 1614G7 5958451900 $145.44 1~.19".' '"SB451300 $161.00 1;;1"6 5)50441100 S117.00 '''O"~l 592",201, S109." lfr.'J1G 6'3001]500 $1049S .J0151 5\SJOOI200 ,,~.OO '680(;\ ",8~ $10'-38 "'~97 ","\J10S00 SI.45J 9a1JO 61"""""0 S100.W 1~:l!i,1) 5671002400 S9a.78 1ola"" 56/190l.1DD $101.38 185702 0711331200 $\02.10 ,,- 011183.'l7oo 52".2" 112(.&, 51122:12000 ~lQ\.S.1 \a\S6J 571222.900 S243.8J 1.10722 5712230600 5%.77 I;~m 57\2611000 $\00.00 1'1;.''17 (;426~D2200 $[)U2 'U,6J2 6'26002500 $'07.3" 83!}<' 59326112:>:1 5142.13 23$49 fT.l2114ooo "23.~5 ... =l1~JOO "'87.31 il<:c"","'<: ... To"IOu", S1.1.444.60 ~_J7d27 1210912008 Custll1ncrTnfQrwat;OI\ 679DRWj 667114113 6S15~2016 396\0(1)7 lili75~21)6 63416203 64n5RO~ 373150015 62367OU2 -137202011 43nl~02 4(54)(>011 68123805 r,r,72I~05 37010211(, 61536206 62329401 621110010 24040(,(J~ 465JJ4DS 62621.1010 12913805 36025~OJl 757102020 ,>9231407 (j913~IJIII 66543401 3661~4oo 74717iH17 43758(,1)4 48135003 3904!i203 ]'l047.1117 45423~1l3 ~:'~13oo2 62165.\05 6(,74(,204 69219~02 42032601 .170551101 25031604 62,1558010 667106012 ,,7~,1111(J4 60557003 A-rl-ti~~.J.-jJ1S- ~II?- -..~ ~--....." -- ---- CITY OF CHUlA VISTA Finance Department ColfeclionsUnit Delinquent Sewer Accounts - Public Hearing Tlltalduc ~ 513..11 ~ 282.82 S592,48 5244.78 5333.H2 Sl,201.74 $ 28li,40 $248,24 5282.82 5296.58 5226.80 $314.80 $282.82 S316,]$ $1,258.40 518794 5347.61 $255.15 $40342 S46.IUS 521(,.10 $(,57.011 .$21(,.6() $876_19 $293,54 5 350,~4 S214,96 S229.92 $ 227.4~ $493,59 5345.41 5213.(,9 $215.55 $379,23 S4iO.or. S275Aj S,115.44 $334.30 $106.39 ~255,lo $265,60 $1,408.1)4 $350,94 $350,9.1 $160.$8 Page: 1 Cmt"merlnformaliou 3R4S6202 (,4211003 &07161M 42527ROO 412.11005 454~58011 47750603 6~71}Wl 35~4780111 41256003 &1342(,02 34714209 6052780-1 M~S78030 364;46013 23630202 41').15404 391,]60015 -1-4545401 44545009 40~:13001 4710M605 67119402 M,i7.1001 445146011. -173.114010 40-122004 4732%05 -12206601-1 422'180012 361J5J4022 360506015 49~Il.l007 411330020 4130500J 41-1.11,102 491lf,'1804 -I14S'lOO-l 4S44~201 744138014 40907-jO{) 6M41007 Wi130U) 42S07~06 7H30!01O 4025(,202 60930604 370110012 OM.l190U5 42036603 48329003 051,19004 24f>U~207 J-l20:;(HlO 3.1")(,(,026 23648(;04 101 Grand'.l'ulals Tfllalduc 8561.91 $G24Ji7 $427.67 8253.32 $23440 $14910 8+13.47 $771.06 $214.87 54)3.73 ~651.n $649.98 $347.62 .$4MO.75 81,1174.68 8234.40 $244.48 $W6.~4 8435.16 8 44~.50 $291.77 S277.93 8338.56 $144.92 $629.76 83,951 8113.M $261.07 $2!1.89 ~ 28~.8-' 5222.14 $296.68 S2N4.1 8343.94 $140.10 $266.71 8317U7 $24!1l $248.24 83111') $2~7.70 $275.3') $ 350.~4 $5nlj $802.44 S292.H'J .15-1-403 $]96.75 $:'('(d~ .1537.18 ~ 432.41 $277..18 $203.02 $092.71 $ L20.~~ $ 537J~ 540,689.2.1 P"ge:2 I . Federal Communications Commission I ~ M:l:flll11il!l [l1;gfJ lID Gl:iJw lill:mll GXi.!l €Jl) What Is The Digital TV (DTV) Transition? Currenlly, many over-Ihe-air stations are broadcasting in bolh analog and digital TV formats. After February 17, 2009, full- powerTVstalionswillbroadcastoolyin digital. The DTVlransilionwillaffecl those who watch free over-lhe-air television {Ihrough a rooflop anlenna or "rabbilears").lfyouwatchover_Ule_air programs on an analog TV, you must take action belore February 17. 2009. €Jl) Why Are Broadcast Stations Switching to Digital? Federal law requires the switch,which will free upthe airwaves for police, fire, and emergency rescue communications, allow broadcasters to offer programming wilh better piclure and sound quality and offer more programming choices, and allow for advanced wireless services for consumers. €jlWhat Should I Do to Be Ready? You have three choices: @ @ @ Connect your analog TV to a digital-to_ analog converter box. Digital-to-analog converter boxes are in slores and have a one-lime cost of $40-$70. To help you pay for the boxes, the U.S. Government is offering two $40 coupons per household. For more informalion on the coupons,visil www.DTV2009,gov, or call1-888-38tl- 2009 (voice) or 1-877-530-2634 (TTY). Plus, you should not need a newanlenna if you get good qualityreceplion on analog channels 2-51 with your existing antenna. 0, Buya digital television (a TV with a built-in digital tuner). You do not need a High Definition TV (HDTV) to watch digital broadcast television. You only need a diqital TV (or an analog TV connected to a digital-Io-analog converter box). Plus, you should not need a new antenna if you get good quality reception on analog channels 2-51 with your existing antenna, Or Subscribe to a pard TV service, If your TV sel receives local broadcast stations through a paid provider such as cable or satellite TV, it is already prepared for the DTV transition. Cable companies are not required to transition or switch any of their channels to digilal. However, if you have an analog TV lhal does not receive local broadcast stations through your paid provider, you will need a digital-to-analog converter box to watch digital broadcasts on that TV. For More Information: 1-888-CALL-FCC fVoicel DTV.gov 1-888_TELL-FCC fTTYI ~I " €f,j) l.Que es la transici6n a la DTV? Actualmentemuchasdelastelevisorasque transmitenporairelohacenenformato 3llal6gicoydigilal,Apartirdel17defebrerode 2009,Iasemisorasdelelevisi6n dealta potencias61olransmitirtmenformatodigital.La transici6nalatelevisi6ndigital(DTVporsus siglasen inglesj afectara a losusuarios que recibenlaprogramaci6ndelelevisi6ngratuita poraire (a traves de una alltenacolocada en el lachoo con una anlena mas pequei'ia en "forma de V"quesecolocasobreel televisor). Siustad mira la programacion poraireen un televisor anal6gico,tendraquelomarlasmedidas pertinentesar'ltesdeI17defebrerode2009 €j)l.Por que se hace este cambio? EI cambia a Ie DTV debs hacerse por mflodato federal. Estecambioliberan3frecuenciasque podranserutilizadasporlapolicla,los bomberosyencasosdeemergencias, permitiniquelastelevisorastronsmitanuf'la mejorimagenycalidaddesonido,ofreceramas opcionesdeprogr<lmasypermitiraelsuministro deservicioslnalambricoscomerclales avanzados. @ @ @ ~ "Que debo hacer para estar Iisto para la transici6n a la DTV? Usted tiene tres opciones: Conectar su televisor anal6gico a una caja convertidora que convierte la senal digital a anal6gica. EstacajaconvertidoraBsttldisponibleenlastiendasy sepuedeadquirirporuf'lsolopagoqueoscilaentre $40-$70. Paraayudaralosconsumidoresacomprarla caja convertidora,el Gobierno de los Estados Unidos estilo/reciendodoscupof'lesde$40porhogar.Si deseamasinformaci6nsobreloscupones,visite www,dtv2009.gov,ollameaI1-888-388-2009(voz)01- 877-530-2634 (TTY). Memas, us/ed no debe neoositar una nueva antel1a sitiBne reoopci6ndebuenacalidad de los cal1ales al1al6gicos del 2-51 con su antena actual. 0 Comprar un televisor digital (un televisor con sintonizador digital integrado). Recuerde que no tiene que comprar un televisor de alta definici6n(HDTVporsussiglasen ingles)para verla programaci6l1el1formatodigital.Usteds6lonecesitaun televisor digital (0 un televisor analogo conectado a una cajaconvertidoradeset'ialdigital-a-analo9a}. Ademas. ustednodebenecesitarunanuevaantenasitiene recepci6ndebuenacalidaddeloscanalesanal6gicos del 2-51 con su antena actual. 0 Suscribirse a un servicio televlsivo por cable 0 satelite. Sisutelevisorrecibelatransmisi6ndelasestaciones locales a traves de un proveedorde serviciopagado como cable 0 satelite, entoncessutelevisorya esta preparadoparalatransici6n Las companlas de cable no BstEnobhgadasahacerlatransici6nen sus sistBmas 0 cambiar ninguno de sus canales a digital. Sin embargo. si tiene Uf'l televisor aoalogo que no recibelatransmisi6ndeestacioneslocalesalraves de un proveedorde serviciopagadoustoova a necesitar unacajaconvertidorapilraverlatransmisi6ndigilalen esa TVeo particular. Para Mas Informacion: 1-BBB.CALL-FCC (Voz) OTV.GOV 1-BBB-TELL-FCC (TTY) / ~ 1~ f! I /ji] I I ! I I - 1-",' I J L~-." ~ " ~~ ~":~ 'WW','. ,. " Table of Contents DTV Digital Television Background ..................................................5 DTV Why Now? ...........................................mm....mm................................5 DrV Programming ...............m................................................................... 5 DTV and Your Analog TV...........................................................m.............6 DTV Equipment ..,,'...=....-,:t...........................................................7 DTV Fo<mals ..............1~.......................................8 DTV Sizes and Costs.. ........... .............................................9 ~' "., DTV Scroen Choices .......h..\.~ ~ II . u -- Words in bold type appear in the definitions section beginning on page 11. , "\"""~ .."" ...' .~. . ~..~ ,^ , DTV, Digital Television Background Digital Television (OTV) is a rlr)w type of broadcasting technology th8t willlransforlll television Because DTV is delivered digitally, thetelovision signal is virtually free of interlerance. And because OTV is more efficient It,an analog. broadcasterS<l'tlflblcllooffertel,!Visionwilh improved quality pictures and surround sound. on'\,ill soon reolacetoday's analog televisio.1 broaClcastingsystem. 10.:. , -~ - - This booklet has beell prepared by the Federal Communications Commission (FCC) to help YOll betlerunderstarld and answer many of your questions ilbout the lr<lnsition to digital televisioll. DTVi."irtuallyfreaofinterferencu DTV Why Now? In the 19905_ Congress determined that broadcast stations must tr<<nsition from analog lelevision broadcasting to digital television broadcasting. Converting to OTV will ;ree up Darts ("bands") of the SC<lrce and valuable broadcast spectrum, allowin 9 these bands 10 be used for public safety and emergency services, such as police, fire and mcdieal services, and new wireless services, such aswirolnss broadband. Because public safety and emergency services h,lVe become even more imporlanf today, Congress eSlablished ,,"hard" OTV lransition uead:irle that requires all full-power television stations toc ease analog broadcasts after February 17, 2009, (The deadline for low puwer television and lranslatorSltltions will blJ "stabli~~,,~u at a future date.) Until then, mOSllelevision stations will continue broadcasting on both their digital and tlnalog char:nels. Already today, more th"'n 1,600tDlcvisionstntiOlls throughout the United Sta,es are broadcasting digilal programs. DTV Programming . Digital television offers many advantages Qver analog televisi on forviewingbroadeasl signals, DTV is mUfC vcrsatilelmd efficierll lhananillog television and all owsstalions10 broadcaSI more programming using less spectrum, In the same bandwidlh that a broadcaster cu~;er\tly provices one analog channel, a broadcaster may ~rovide a super sharp "high definition" (HO) program or multiple "st"ndard definition" OTV programs simullaneously. Providing several program Slmarns in one hroadcast sign,,1 is called "multicasting." A broadcastcralsocanuseitsOTVsignaltoprovidevitleoanddalaservices IhHt are not possible with analog lechnolog,', Television StH(jOnS sorving every market in the Uniled States are currently delivcring di(jital television programming, Fora list of TV stations currr:nlly broadcasting in digilal, visitllttpJI 'MVW .nab,org/ AMlASPCode/OTVStalionslDTVStations asp , DTV and Your Analog TV Today, most people still have analog televisions. Analog TVs have been used since the beginning of television 10 receive and display programming. Your analog lelevisioll will work as il does today until the trflnsition todigilal is completed. Eventhen,youwill be able to continue usillg your analog television. -j Analog televisions will work with a digital converter box. Ilyou receive TV progrBmming over the air usinga roof-top orrabbitearsantenl1i1,you will be ilble 10 pUfchasea digital converter box (somelimes referred toas a digital-to-analog COl1verter box) to cnableYOUf;>nalQg lV to continue working aftm February 17,2009. You will also need a digital converlerboxloreachdeviceyouhave:hatonlyhas an analog tuner-such asan analog.onlyVCR or DVDrecorder. A digilal converlcr box also may receive mullicaSlchannels and high definition programming and display them irlarlaiog picture quality Beginning in 2008,yourhousehold may be <Jble to receive up to two coupons wo rth $40 each toward the purchase of digital corwerter I:>oxes. The National Telecommunications and Information Admirlislralion (NTIA) has responsibility lor admirlislering the coupon program. Additional information can be found at www.dlv2009.govorcaI11-888-DTV.2009. Cable and Satellite TV Viewers II you am 11 cable customer, you may need a set-top box to receive DTV sigrlals and convert them irlto the format of your current analog television, even after the DN transition is complete. If you am a satellite customer you may need a different set.top I:>ox in order to receive high definition (HOTV) programming, Check with your cable or satellite provider to determilll! if and when you will need a scHop box, , DTV uses the same antennas as analog TV. If you already have a good VHF and UHF antenna, either indoorsoro nyour roof, you dOrl'thave to buy an antunna that is "HD Ready," DN bro<Jdcasters have been assigned channels ill the VHF Hod UHF bands, butween 54 and 700 MHz, where analog Channels 2 to 51 afe now. Therefore, as long as a DTV signal is available, your e,isting antenna shoulctsti IIworkaftertheuaositionis complete. DTV takes advantage of your home theater surround sound. Analog television broadcasts sound just like FM stereo radio, DTV broadcasts are digilal flml allow many mora options, including Dolby'. Digital 5.1 Surround Sound, just like a DVD, Wittl a digilal converter box, the digital surround sound will be converted to analog for your currenl lelevision or homelheHtersystem. --" , I DTV Equipment The DTV transitiDn has tNO parts. Broadcasters must upgrade to digital transmission, and viewers of aver.II'a-air TV must upgm(!eloajg4~lreception. Evenwilhadigilal-lo-analogcon,erter!>Ox,yoorcufrenlanalogtelevis'on will not be capsble of taking full Jdva~tage of DTV. To enjoy the full picture qUcllily ~nd benefits of DTV, you may w~nl to purchase a new DTV 5el, Bulb"'lnreyoudo.1I1ereareafuwthjng~l()consid{)f, Digital TV sets are widely available Digiti'll TVs me wirj<!ly avail~IJlu in stores The Commission's digital tuner rule specili,," that us 01 March 1,2007, clll ,",w TVs must indudu digital tuners. This rule prohibils lhe manuf<lClure, imporl. or intefsl~te shipmellt of any 'I v or devico conlainjng an analog luner. unless jt also contains a digilal 1un er. Despilethis ~rohibition on manufacture and shipment retajle'smayconhnuetosellan~lo9.onlyTVsanddeviC€s(sucha3videoreooraers)fromexislLnginverllory, Asaresull. at storns where Ih"se products are sold, many consumers may not be aware that 1hi, equipmenl will nol he Hble to recHive over-tll".~ir-Ielev;sion sign~ls (,lIer FebruHry 17, 2008, 1c address ttli, issue, :he FCC has adopt~ a rule '~'Qui,.;'9 sellers :0 display a Consume~ Alert It lhey are selling TV equipmGnt with only Hn an~loy brO<)dCU5l tuner. The following ted must be displayed if Ihey are ,oiling tcbi,i,,[] "4lLLI'",."t w,'hl\rli)';"'allal"~."""",b"Il,,'cr: ni, h'lni.io" fen';',,, II". onl)' an an,lol:h,,,ad,'",, I",wr~"d "ill re'l"i,,'" "<>",",It','I>,,, anc'] l-'chruar) 1;. ll>ll'j.]ur","h,''''<r.'h,~.ir bw"d.."" ~itn an'""'n".b"",,,,.,,!"ho-S,,';on', 'ca".,;'i"" In di~hal hFO"d,'",'in~. \lIal"~_""I;' 'I \', ,10",,101 c,,"'illue I" "",', '" bdon' ,,;,h cahl.' and'''h'lIileT\' ",...'kc's,~alllin~F'JlI",t"" \'(;R,.llnJl'la;"".1Illol .;",ilal'l'n!d""h. I-'''rn''..... in1'", "",11,,". ,,"11111,' 1',,01"",1 C"mmu"ie"I;"", Co",,,,i,,ioll at I.SSN.l2~.;,122 {IT": I.SS8-83;- ;,1Cl) '" ,;,i, ,10,' CC""I",;"i,,,,', di~;tal ,,'I<,i,io" "..h';1("" """.dh."''', While' ,,,,;dog.o,,l)' I.''-'';,'ers m<<y ,crve lh~ 1<<."c',I,orc'lI,to'''l'r, ",Iw,,,hwrihc I"" wired ''''''''cUil" '"fI.i,." "J \\110 I'LI}' g:lm~'nr ,.;,'" [J\'f') '" V(:R conical. ,ome 0,,,1"010'" "",)' b" u"aw",c LbJII',,,dlJ,ing a dovi",' wilh an ""'llng-onl)' Ick,.j""]l "fL';'.r m,'" r"(I",re ~ddili""al ,me"tjon in U". 1'"1"10'. I'"blie .,I"'at;"n alx,ullh" V I I' hnusili,," w;1I l>e:l m.,,;'" 1I,1tl hoodiciaf "",j"na! ,,"della'j"c. and a chJUo"gcl;"gm-"",,,,,."tJlLdilldu'try, ' The Consumer AI""1 eXpfcli,," 111,'1 a TV ",ceiver with only an 'lrldluq bro,,,j(,'SI luner wifl requirp. ~ digital cl",verl~r bux Jfter F"bruary 17. 200g. to mceive oveHhe-air broadcasts WJtI, a" anlenna because of lhe N~lion's tr~nsition 10 digit~1 broadcasting. Analog.only TVs s.>Wuld conlinL'e 10 wo,~ wiltJ cable <i~d 5.1teflite TV serviCES. gaming consoll!S. VC!'<s. DVD pl<ryers, and similJ' products If you afe uncertain w~lether a TV you w~m to buy cont~ins a digltallune,. be SUfe lo ask th" sefler A digital display may be an integrated television or just a monitor. "lntegrated'"or"Bllift-fn"fIDTVort)TVsets~"'afl_in_o"us"lstlmlhltV" built-in lunerstorAc<!iveover.ll1e_clirDTV broadcasts and a screen to display the programming. Of her lIKm J standard 3ntenna,ycudon'l need any olller e'luipmenltClteceiveovef.1he-airdigilalp"'!;,amming. , An "HDTV Monitor" or "HOTV Ready" ~el dues not hJve " buill-ill tUIl<'" and requin," you to ohlain a s'-'pm~!e rec~iver (SUCll as ,m HO set-lop bo.) 10 receive alld view digital programming, including HD. Sel.loP bo.es can be purchased af reWif Slo'es. Cable ~nd salellrle providefs m",' self 0' feese seHop "",cs tor Ihe~I' specitJc services. NOTE: T~c 'OHCp bo, Oe""b.d ~.'e Is no, tho .ame a. 'he digitat-to'.nalog con"orto, bo. u.od to con"crt o..r~h.-.irdigit.1 broadc"l. for "iow'ng 0" '" "".logTVsH Set.topbo'"'<o"necled'omonilo"'oc.I",dl"It"Co.cr~~c."lrb,o,dc.5tsm,ab,.",..,.lIlte,'gn.,..0 'hcym.y Oe.ie...edo" monito,. A digital television may be digital cable ready (DCR). ~ ~ ~,f Cable slJbsc,ibers maywan'toconsirle,a digital cabfe ready ("plu g.and.play")OTVset. n'eseseISha'e!he circuilry of a cig;taf Cilble 00' built in. Current first ~enel',,~ion pIUg-3~d-play sels mc able to I'ewiva o~e-way programmi~g only. inClllding ""nlog basic, digitBf basic. ,,"d digilnl premium C<lbleproY"lrnrning, IfyolJwanttarcccivecHrtain "uv""""d digital C"lble serviC!)~ - ~"lIed Iwo-way services - fik" l'''y,pHr.vi"w. video-on-dem[lmi. cable op"r~lor enh~n~"d program guice, or inleracbve dalJ enhJncedtel8visionservico.us iJ1ga tJlSIgen8rationse1.youwilfn8eda s<!t-fopbo.. You may ~iso need a se'.-top bo,. 10 receive 0'.18r cable o~er"lor.pfOvi~ed seNi-:es. such 6S mose tnal incorpom'A me features ofa djgital video reCOl'dcr , DTV Formats-Aspect Ratio Televisions come in two aspecl ratios. These ratios are 4x3aod 16x9, The i1spect ratio is the comparison 01 the screen"swidlh 10 its height. Traditional analog TV has a4x3 aspect ratio. This moans thilt;, TV screen is 4 inchws wide for every 3 Inches of h(Jight. M,-H1Y new digilallelevisions are 16.9, or "widescreen," The 16.9 aspect ratio more closely approximates the look of movies, and broadcasters have begun offering programminglh<lt lakes advanta gea!i!. "Letterbo~" is Ihe lerm used when 16x9conlenlisviewedona 4x3screen. In order to display the widescreen conlenl without distortion orm issingpartsofthu picture, the television will place black bars at the lOp and bottom oflhe Image. ,- --- .....~, ..~~. -~:'.'. -. .'~"', ~ "Pillar box"islhelerm used when 4xJ conlenl is viewedona16x9screen_ In order to display the squarertraditionfllpicturlJon awidescreen monitor. black bars are placed dowrlthe sides of the screen. ;.' , . ~ "l'i-~ "Postage stamp" is the term used when a 4x3 transmission contains widescreen images and its own letlerbox bars. When viewed on a television, lhe image will appear as a smaller box within yourscreerl. . . ._<.-~ , . , . <-- ~.. ~ ': ~ 1; k' ...1 - .,=~ _.~ DTV Formats-Resolution Although Ihere are as many as 18 DTV formals, only 4 formats are commonly used. The most common formats fall into three broad cal<lgories: (:JOT,{ ~Q!f (f)DT~ "ANO.'DO["~-,"O"",,v'5"" H'GHl[I;N,j'ON;EliVI$ION High Definition TV (HDTV) HDTV in widescreen provides the highest r"solutionanrl picture quulily or "II DTV tormats. A current analog TV piclure is made upof ~80 horilont"llines. An HDTV picture can have upl0 1Q80hnl!s, allowing for sharp picture delail, The mosl common lormats am 720p ("p"stnnds ror progressivl! sCAn-see -OTVOelirlilians:pg,11)and 1080i("i"slands lor in;er1ace<l - see "OTV DeLmlions: 1'9,11) With eilher 720 progressively (non-Inle~acedl 5c<lnncd III")' or 1080 Illle~aGed lines Combined wilh digitally-enhimced sound lechnology. HDTVachiwesa new benchmark tor soundarld picture qU1lllty In television, Enhanced Definition TV (EDTV) EOTV is a step up from analog TV and SOlV, Alsocalted 480 progressive (480p), EDTV Is wjdes~reen 16x9ortr~ditional4x3format and providflS better pi"IL"equ~lily than SOTV, bul nol as good as HOTV, Traditional DVDS are encoded as 480p (although newer HO_DVO and BllH~y players 1lUOW viewing of HD1Y discsl. , Standard Definition TV (SDTV) SOTVisthe baselrne d;splay and resolutionlof both analog and dlgilal. Transmission ot SOTV is usually in thetrilditional4x3;Jspect ratio, bulmay be wide-screen 16,9 formaL SDTV and analog TYcalldellvefup to 491Jinterlacec(480i) resolullon, although analog TV may be lower. 8 DTV Sizes and Costs As with analog televisions, OTV set sizes rHrlge from very small to quite large. All TV sizes are rnol1sureddifigonallyacrossthescreen. So, most OTV sels, which have iln aspect rallO of 16x9, are winer, butshortor. than imalogTV sets of the same dialjOnal screen size. As with anI' new consumer electronics technology, DTV Sl!ts have become less expcnsive since lhajrinlroduction. Prices vary depending on screen size, display technology, whether a DTV tuner is built-ill, and other oTV",.. ~"',~wid..."""., rec""Qula' """""' features_ While DTV sels are Slill more expensive than their andlog counterparts, prices have droppeddramalically, DTV Screen Choices You II have a number of different screen choices when you loo~ at DTVs. Some of the most common are: Cathode Ray Tube (CRT) scr.."os-Thesc are tradjtional colorlelev ision screens up<lnled for uiqitul. Their resolulion and color capabilili"s varyfrnn, model to model. Th"sescreensh~vea verybrightpicture,butamlimit"dinsi2e,andthelargeru~itsarelypicallyquilol'eavy, 1- -~---I r Rear PrOjection TVs - Redr ~roj('ction TV, c"n be much larger Ih..n standard CRTs, Thuy : Cle,otelheimageonasm"lldjsplay,bUltheo enlarge j!or.;o the ba c~orthescreen_ Ollfermodell I 'ear projecljon TVs using small CRTs lO c",~te me image were dim and hard 10 see from exiremeilngles. but now d'gil>ll rrojeclion lcchnologies like Li quidCryslal Display (LCD). Digital I Light Pmcessing (DU'), and LI~uid Cryslal on Silicon (LCoS) cre~le brilllan!. wiue-angle ~ic\ures ~ one\'er-t,,,ger,creens, I L____ _____ ~~__~ ___________ ___ __ . Front Projectors - Projectors are TVs thallrCcllc aJl im~ge by pmjecting it onto a wall or stand- alonesCluen{muchtjkeamovietheaterJ_ Projcctorsusel~esilmedigtlalprojectionlechnotogi"s as rear projeclion TVstJut, :>ecauselhescreerlis scparate, lheim~geca~belhe3,zeafanent;re wall. ProjaGlorsmenot'13brighlandoftenrcquirelheroomtoberl~rkinorderto clearly See the Image_ Flat Panol TVs - Flal Panel TV, ;,,~ very ll,il1 and relalively light w"i~ht BflU "'H someli'"es hung on thew;;lI, Currenl fiat panels use either LCD or plasma screcn teclmology, Ftat panel LCDs are very lhin Bnd produce Axlremely dear pictures. PI"5m~ "creen TV, produCG images hy lightjflO "m.,t1par.ketsolcolorcdn~s, Ti'is technology <Jllows the TVlOcre,'l,,~ bright. clear picture in lnege scm"" ~iLes wll,ln remaining only a faw inclles 1I1i"k, " . _ ,",._ "_ """~~"'d' _ ,-". _ _ ~_ __ ,~_ . .. . DW At A'Glance : . , --- --' - , Analog TV Digital TV AnalOgbroadc.,.ts .. Oigitalbroadc~slsareavailable now in every mari<et. Aflerthe . digitaltran$llioniscompleted,over-the.alrlelevisionwillonlybe mayoonllnue broadcast i~ digitallormal IhroLJgI1February17, 200D . With anilllugfaled OTVsei,olllyanalltenna is needed 10 receiYeovcr.lhe-airOTVbroadcastprogrJmmlng Fora monitor . AnalOg receivers Or analog TV, a OTV sel-top 1Jo~ is required, cLJrrGlllly built into .. Mullicastinn,electronicprogrJmguide,rlatn5Ireaming,~ndhigh mQslolubrTVs definilio~ ~v"ilalJle, Single program , stream. M &d,,,nced .. Will work wilh cable, satellite. VCRs. ova players. camcorders. ,er<ice., video games, and other devices, Images will not be displayed "1 HDTVunlnsslheeQuipmAntismadeforit . Will continue towock '"ilh C<lble, satellLle. I VCRs. DVO pI&ye'.. camcu,ders, video gom,,^,flndothel SDrV EDTV HDTV devices. Standard Doflnltion EnhanCfldDRfinition High Oofini1ion DTV O~ O~ , I . P"'lVid,,sl)e,1 . Provid"$good . PF"tlVide,qood . Providesbollcr piclures butl'i~h pichllG5withoul . picllJraf.solulion. a,'ailabiapictur(I ;nrerte~eand inler!~'~"c" 'I dafit'{. aoo 001", , resok;IIOn,ddri1f, noise. """colo' . Upto480inlerl,co<1 . 4S0 inlc~oced linas . At:eost4S0 . Up 10 10S0 lineso' 'Inesolre,olulion. Ol'esoluticn prog'essivc'inc~ct re,njufion-most I. remut""'. common ronn~l' A,e ,. 720p{progfc..ivel " 'I ood1061l1 I (intQrl~';edl . 4W8SPect';t.,C. . 4.3 or 16,9aspocl . h3or16.9aspecl . 4,3 or 16.9a,pect I: mlio ,otio. ,."Iio. , , . FMSle,eosou"d . Muiti-.ch&"neldigildl 1 . Mult~chann~'dig''''' . Multi_chan"eidigila' S\jtfOundsound, 1 .urroundsound. ,ur!oundsound, ;ncIUdif\gOoI~y" I ir<:IrJdi"llOoby" incllldingOn'h,'" Dlgitol5.1 Oigllai5,1, Digitn'5.1. . Can r""e,ve only . C"nrEoei'l€both I . Can receive tloth . Conrecer,ebolh analog TV. Ase1'lop I digi!a'ac.dar>a1Og dig1aland aMI<>g crgilal II-nd analog CO';SMed~dlO ~ No sel--tOPbO< ~, No '~l-ICP bo, TV. NC5et.IOpbox mcoiv~OTV MfJdediflunvrpuilt- , "e,'dedifltJnOfcuHt. ne"de,fiflunorou>lt- '" , '" " w DTV Definitions Analog: Traditional, less-efficienlandlowerqualilysystemth;,tusesrildiofrequency (RF)wavl!s lo transmit "nd display pictllfCsand sound, Aspect ratio: Semcn's width as comparea ,0 ,ts height. For example. for 4x3, the traditional TV aspeCl r"tio, a 3?-inch TV would be 25% inches wide and 19 inches tall. A 16x9 widescreen 32-inch TV is closer 10 a movie screen than "' tradition,,1 TV elf"J would be 28 inches wide i1nd 16 inches Ifill, Broadcast Digital-to.Analog Convertor Box: A slfind-alone device lh<<t receives and converts digital signals into a lormatfor display on ~n analog television receiver CableCARD: Securily c~ld lhat digital cable ready TV Ol\fners mU5l obtain from lheir cable company in order to view scrambled programming such as premium services. Cathode Ray Tube (CRT) Screens: Traditional color television screens arc avail~ble for:Jothanalogand digital TV. Theirrcsolution and scanning valyfrom mocel to mOdel. These screens have a very bright pictllre, but are limiled in si7.e and can Ilequile heavy Closed Captioning: S"rvice that allows persons with hearing disabilities 10 read aialogue. or the auc'io ponion ola video, film, ofothel pres" ntation,ontheTV screen, Coaxial: Coaxial inputs (sometimes jusl called "cabl,,") provide a simple and common WilY to lfilOsmlt video. Now cOIHial inputs are mostly used lor connecting" TV S"l to an antenna orcabl" syslem Component Video: Also known as "Y Pb PI," this connector splits the vitltio signal into Ihr"" p<<rts, With rllO aucio connections, this 5 wire solution is the most common way to connect EOTVs to avo players and mOSI HOTV monitors to lheir receiv""s or olhm >;et-topboxcs. Composite Video: Also called "RCA," connectors, it is the most common I,'ay to connect peripherals and othercomporu:mts. It consists of one yellow connector lorvidoo Hndtwo;ludiocOrlrl()ctorslor"righrand"ttift" Composite CDnncctors cimnottransmit high definilion pictures, so for HOTV, another connQctoroption. slIch as HDM/or Compommt Video, must be used Digital Broadcast Satellite (DBS): TV programming delivfHi-,d via high-powered salellite. Signals ar"transmillml loa small dish (usually 18-24 inches across} mountod outside. Digital Cable Ready TV (DCR); Also rel"rred to il>; "plug_alJd_play, "this is a D1V Of other device for digilal cablc customers that plugs direclIy into the cablejack,alld does nolrequirc a se~arate set-lop box to vinw ana'og and lJnscrambfec digital cable. Used with a CableCARD, it can receive scrambled programming such as prfJmium services, Digital Converter Box: Ah;o relerred to <IS a .'digital.to-analog converter box," this is a stanc-aloncdevice that receives. decodes, and collverts over-the -aildigilal programming into analog. WhenconnectedlOanilllaloglelevision,ilpermitsdigital programmillg to be displayp-d in analog. " Digital Te/evisioll (DTV): Digital tochnology television that uses radio Irequency {RF)tolransmitcomputercodeanddisl!layitasl!icturesarldsourld. Dolby~ Digital: Form of multi-charmel digital sound, it provides efficient encoding and noisCl reductiorl for high quality surrourld sound Downcanverl: Process by whic~ a high resolution signal is mduced to a lower resolution tor display. Usually, extra lines are simply ignored when drawing the lowm resolution image, but sometimes more sophisticatod methods are used. DV/: Digital Video Interface (DVI) is a high quality digital connector. Similar to HDMI (see dofinolion) and sometimes with HDCP (see defino/ion), DVI can digilally transmit uncompmssed high definition video, preserving perfect picture quality. Unlike HDMI or Firewire (see definilion), DVI requires a separl-lto audio connection. Enhanced Definition TV (EDTV): Better digitallclevision transmission than SDTV with at least 480p (progmssive),in a 16x9or4x3displayand Dolby:;Jdigitalsurround sound. 480p is the quality 01 most progressive scan DVDs arld players. EPG: Electronic Program Guide (EPG) is an interactive list 01 upcoming TV programming that can be tmnsmitted along with fl DTV program. Flat Panel TYs; Flat Panel TVs are thin, lightvveight TVs thal can be hung on a wall. Current flat panels use Liquid Crystal Display (LCD) or plasma screen lechnology. Firewire: See IEEE 1394 Fronr prajecrars: TVs that erea:e tne image on a small display, then enlarge it by projecting it onto a wall orstand.alone screen (much like a movi etheater). Front projectors tend 10 be dimmer lhan direct flat panels or CRTs, and oft en require the room to be dark to be able to see the image clearly. HDCP: High Definition COrltent Protection, a technology used to prevent piracy of highqualityuncornpressedvideo,primmilyoverDVICOrlnections. HDM/: High Definition MlJltimedia Interface, a high quality digital connector Similar to DVI and sometimQs with HDCP, HDMI can digitally transmit urlcompressed high definitiorl video flrld audio on the samocable, preserving picture an d sound quaiity. High Definition TV (HDTV): The nighest cualLty digital television, generally widescreen 16x9 With "I least 720 progressive lirles or 1080 interlilced lines and surround sound. HDTY Monilar (also HDTV Ready): TV sot with the inputs aM capability to become arl HDTV with the addition of an HDTV tuner, HD cable set.top box, or HD satellite roceivLH. HDTY Tuner (also known ilS decoder or receiver): Device capable of receiving and decoding HDTV signals. HDTV tuners can either be built into a TV set (see " Integrated or Built-In) or be a stand-alone de'tice (see Ser-TopBox). IEEE 1394: Also c.llled Firewiro or Hink, IEEE 139~ ic; a way 10 lr<Jnsmit cornlJ'"ssed data and video betwoon compon"nls on one cable. Interference; Unwanted electricat signals or noise causing impairments in the video signal. Integrated (or Built-/n): HDTV or DTV set with the tuner built into the set. It docs nOl need a separa:e set-top bo, to receive over-the-airsignals. Interlace Scan: W;lyloscanvnrticallin<l5onloaTVpictureLyseanningiltllheo<.l<.l linesfirsl.lhenfilliJlg in the even lines. (This happens inlhe blin kofaneye.) Letterbox: Blank bars above and below the image when viewing 16x9 aspect ratio eontentoJla4x3sereen The opposite of pi/lar bOJL Multicasting: OTV technology that allows ea;:oh digital broa~caSl stariOJllO split its digital bi'lndwidth into two or mar", individual channels of programming andlor data services. (For "xflmplo, on cllflnnel 7, you Gould wfllch subchnnnel 7-1, 7-2. 7-3 or 7.4.) Multi-Channel Digital Sauna: Feature of OTV that permits numerous Slre<lIllS 01 sound to bctransmitted fora given progrilm, providing stereo, surr oundsound,and even othBr languilges NativeResolution; Specificresolutiorlthalatelevision,wheth<.!rornotirltegrated,ora Illonitor, is designed to display. Allolherresolutions must be either upconvertedor downconvertedfordlsplay. Pan-ana-Scan; Alternative to letterboxing. Ihe process by which a 16x9 image is <;:on...erted for dispffly on a 4x3tele'lision tlyzoaming in on lhe piCl ure and panning to the part 01 the imagll that is masl inleresting. This "lIaws thD im~ge to filllhe entire screen, bulciluses some porlions of the> irn~ge not to be displayed. Pil/arBox: Bian". bars 10 !he lef1aJld !he right of an image whenvie','{ing 4x3 as peel ratiocontentonaI6x9screen.Theopposileofletterbox. Pixel: Smallest ama of a television pictur" capable of being sampled and Iransmitted through a system, and cisplayed on a monilor. Plug-ana-Play: Sefl Digital Cable Reilay (DCR). Postage Stamp: Occurs when an image is both letter and pillar bO\8d. When viewed on a television, the imilge will appear as a smalferbo\ witOlin your screen. Progressive Scan: WHY to scan verticnllines onto;; TV pich"'" by scannil1g all the lines consecutively (progressivoly). At tho same number of lines, progressive scan prodlJces<l higher quati;y picwre than Interlace scan. AII;la\panel and manycigital projection televisions ~reprogressive scan, so they display progressive selin images more cie;lrly oompm()(f lointerlaced ima(J()s. " Pulldown, 3.2: Process by which a movie shot in 24 frames per second (Ips) is shown i'san interlaced television image at 30framcs per second, RCA Connectors: See Composite Video, Rear Projection TVs: Potentilllly much larger than standard CRT TVs. reilr projection nls creHte an image on a small dis~lay, tllen onlarge it onto the back 01 the screerl, Old rear projection TVs used a small CRT, while new digital projection TVs use LCD (Liquid CrySlal Display), DLP (Digital Light Processing), or LCoS (Liquid Crystal on Silicon} \0 create brilliant, wide angle pictures. Resolution: Amount of detail that can be seen in a broadcast image. For television. resolutiOrlismeasufcdinhoriwrltallirlesdisplayed(commonly480,720,ort030), Set-Top BOJf: A stilnd-alone device that receives and decodes programming so that it may be displayed on a television, Set-topboxesm~ybeusedtoreceivebroadcast, cable, and satellite programming. Spectrum: Range of electromngnetic radio frequencies used in the transmission of radio,duta,andvid,-,o Standard Definition TV (SDTV): Basic digital television format closest to tradItional analognl. Ultra High Frequency (UHF): Part of the radio spectrum from 300 to 3000 megaherlz: which includes TV chanrleis 14.69. After the DTV trarlsitiorl, UHF nI will be chilnged to 470 to 69S MHz:, which inCludes channels 14-51. UpCQnvert: Process by which a digital, high definition lelevision takes a lower delinition picture and converls it intc a highercefmition pictur e, This may be done by doubling each line as it is drawn on the screen, or by usingadv<lrlced algorilhmsto irlterpolatothe dHjH betweenedch lower,,~solulion line, filling in the missing image. Very High Frequency (VHF): Parl ollhe radio spectrum lrom 30 to 300 megaherlz, which includes TV Charlnels 2-13, and the FM broadcasl band. Widescreen: Term used generally to uescribe arl aspoct ratio widerthan4x3 For lelevision, refers to the 16x9aspectralio. Vagi Antenna: Type of antenna, generally desigrllld for UHF tll~quencies, thilt is ideal for receiving most DTV sti,tions. Runging in size from several inches to many feet,ayagiantenna is the most common design for roof-top arltennas. " For More Information on DTV Go to www.dtv.gov N Contactth() FCC's Consumer & Governmental Affairs Bureau E-mail: DTVinfo@fcc.gov Web site: www.fcc.gov/cgb . Telephone: 1-888.CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1.s88-835-5322) TTY Postal Mail: Federal Communications Commission Consumer & Governmental Aff<lirs Bureau 44512thStreel,SW Washington, D.C. 20554 ~ .,- . , .' , " FCC Consumer Facts On February 17,2009,federal I,IW requir"s that all full-powerlelevision broadcaststatiof1s stop broadcasting in analog format and broadcast only in digital format. Here's whal these requirements will mean for you aod your lelevision viewing. Why Are Broadcast TV Stations Switching 10 AU-Digital? Congressm<lrllJaled lheconversion loall.digitallelevisionbroadcasting,Hlsoknownaslh"digi(ill television (DTV) transition, becauseall-digilal brO>ldcastillg will free up frequencies for public safely communications (such as police. file, and emergency fescue). Also, digital is a more efficient transmission technology that allows broaUC8S1 stillior1s to off er improved picture and sound quality, as well as offer more programmingoplions lor consurners lhrough mul liplebroadcaststrcilrns (rnullicasting),lnaddition, some oi the Ireed up frequencies wil I be used lor advanced commercial wireless services for consumers. What Do I Nlllld To Do To Be Ready For The OTVTransi!ion? WMt you need to do depends on the source of your television programming, whether you receive programmin!] over-th"."ir or from a paid provider such as a cHble or salellite TV compi'my. How Do I Receive Digital Broadcasts If I Don't Subscribe To Cable Or Satellite? If you receivu only frer: over-th')-air television progrfJmmin!j, the type of TV you own, either a digital TV Or an analog TV, is very important. Consumers who receive only free over-the-airtelevision may view digital programming through a TV set with" built.in digitalluner (il1tegrated OTV) 0' H digital-ready monitor with a separate digital tUl1er set-top box. (Botholthese digitilllelevisiontypesHrereferredtoas a OTV), The only additiol1al equipment required to view over-the-air digital programming wilh" DTV is a regularantcnna, either on your roof ora smallervcrsiol1on yourT V such as "ral>bitears," If you have an analog television, you will have to purchase adigi tal-lo-analog set-top converter box to attach to your TV set to be able tQ view over-the-air digital programming (see "Whal About My Analog TV?"below) How Do I Know Whether I Own a DTV? As of March 1. 2007, all television receivers shipped in interslate commerce or imported jnto the United States must contain a digital tuner, In addition, effective May 25, 2007, the Commission required sellers "flelevision receiving equipmenl that dc,)s not include a digit,,1luner10 disclo~oatthe point-ol-salo that suchdev;ces includo only an aflalog tunor, and thcreforc will req uire t>digital.to.analog converter box lo receiveover-the_ail IJroadcast television aftel the transitiond ate. Relailersmust jr,formconsummsby prominently displaying the following text if thcy are selling TV equipmont with only an analog tuner: This television receiver has only an analog broadcast tuner and will require a conllcrter lJoxafterFebruary17,2009,toreceiIlBover_the_airbroadcastswithanaf1IBnnabecause of the Nation's transition to digital broadcasting. Analog-onlyTVs should continue FCC C~~";~0 ..d."'Comm,ol","o<,,,"",,,",,,,,oo.Co",,m.,,,,,,,,,,,,,n""'''^"',,B".." ,_.(;.At"'CC(l-MS-no-""". "Y,'.3!UI.1Hl-=CC(1~S.'VtJ ,,",''''',S1,SW . ""hl"""",OO"'",,, F."T~"'_O= . "'",'W.'o<.o"'''''''' , to work as before with cable and satellite TV services, gaming consoles, VCRs, DVD players, and similar products. For more information, call the Federal Communications Commission at 1-888-225-5322 (TTY: 1-888-835-5322) or visit the Commission's digital television website at: www.dtv.Qov. TI1erafore, f1Uer May 25, 2001, all television eqLJipment b(~i"g sold should contain a digital tuner, or should be identirred at the point-of-sale as not having one. Besur etolookforthislabelifyouare pUfchasing a new TV. As for how to determine whether your television oquipmenl purchdsed prior 10 May 25, 2007 is a DTV, many OTVs and digital television equipment will have labels or m<lfkings on lhem, or statements in the informational materials that came '....ith them, to indjca~e that they contain digital tuners. These labels or markings may contain the words "Integraled Digital Tuner" or >Digltal Tuner Built-In." ''Receiver'' may be ~ulJstitllted for "TUner," and "DTV," "ATSC," or "HDTV" (high definition television) may b8 substituted for "Digital." If your television equipnlf;mt contains any of these labels or ma rkings, you shoulobeableloviewdigitalover-the-airprogrammingwithou:the need fora digltal-lo-analog converter box. (Rnmember, you do not need an HDTV to view free over-the-air digilal programming. As long as your television equipment conlains a digital tuner,y ou call view over-the-airdigital. An HDTV is orlly necessary if you want to view dig"al programming ill "high definition') You should also check the m,H1ual or any other materials that came with your t81evisi0n equipment in order to delermine whether it contaills a digital tuner. II your telovisioll sel is labeled as a "Digital Monitor" or "HDTV Monitor," or as ''Digital Ready" or 'HDTV Ready," this does nolmean it actuiJlly contains iJ tligitalluner. Thus, you still will likely need iJ separate seHop box which conlains a tuner in order to view programs in the new digital TV lransmission slandard (which includes HDTV formats) on such a set. Over-lhe-air digital set-lop boxes can be purchased at reWil slores. Cable and satelli\Q TV providers also sell or lease digital set-top:mxes lor their speeific sef\tice;: (Note:thedig;laiseHopbox described here is not the same as lhe NTIA program digital.lo-analog COnverter box, described below, used to cotlvC!rl free over-the-;iirdigital broadcasts for viewin gonananalogTVseL) II your television set;s labeled as "analog' or .NTSC," but;s NOT labeled as containing a digllal tllner, it contains an analog tuner only. Iryou cannotde'ermine whelhcr your television set or other te:e visioncquipment contains a digital tuner, you are advised to check your equipmenl tor the mflnufactu rer namo and model number, and thurl cont"ct your eunsumer c1el-1ronic~ rolailer, or the mflnufacturer, to determine whether it contains a digilal tuner. This information also may be availableonlinc through the manufa cturer'swebslte. Because mosl broadc>l~t stations in all U.S. television markets are already broadcasling in digital, consumers are furllleradvisod 10 contacl lheir local broadcasts tations to determine the channel numlJers on which the stations are broadca,ting digital programming. Consumers should Inen ensure lh<lt lheir televisions are set uplo receive over-the.air progr amming (asdislinguished from the signals orilpaidprovidersu(;hiJ~cabreorsiJtdiiteTVs()rvice),andthentune to the ever-the-air digital channels to see if they can rec8ive the digital broadcast program ming. FCC C~(;:;')~) ,,,,,,..ICo--m,,",,,,,,,,eomm,,,,,;oo .CO"''''''",&Go''''-'''''''''81M.",B,',"' H'86-CAlL...OC(1,""111-5'"'" rT"'.,^,.1Hl-FC'.('__"'''''221 +lOI2toS<..S'N . w.,.......,,"'..OC2Il"" ,>",--..0".(1:>)2 _~",....loe_' ; What About My Analog TV? Will It Still Work? After February 17, 2009. you will be able \0 receive and view over.lhe-air digital programming with an ;:malog TV only by purchasing a digital-to-analog set-top convener bex.8etweanJanuary 1,200B.and March 31, 2009, all U S. households will be ablr: to request up to two coupons, worth $40 each, to be used toward lIlO future purchase of eligible digitClHo-analog con verier boxes. Eligibleconvertertmxes "re for lhecofwersianofov"r-lhe-ai:d'gitaltelevision sign als, and therefore arc not intended for analogTVs connected tOH paid provider such as cable or satellile TV service The Natiollal Telecommunications and Information Administratiorl (NTIA) is administering the coupon program For more information, visit the NTIA website at www.dtv2009,oov, The Commission's DTV websitll, www,dlv,OOV,l]lsoprovidesinformation for con~lImers on the upcoming uigilal-tD.analog converter box coupon program. More d[ltailed inlormation regarding NTIAs coupon Drogrilm, what digital-to-analog converter boxes will be eligible, where,md wh en they may be purchased,and the refalud costs involved will be provided by the Commission "",d NTIA as tile comllHJncelll<mt of th" cOUDonprogrnmon Jarluary1,200e, approaches. If I Afready Have an Antenna, Do I Need a New One to View the Digital Signals? A s;Jecialantennag~ner"lIyisnot needed to receive digital signals. You may hClve a.1tenna issues, however, ifyourcurrerltuntenn<Jdoes nolreceiveUHF signals (ch,mnels1 4andabove)well, because most OTV stations are On UHf channel~, In such a case. you may need a new antennCl or to adLl a UHF s()ction to your e,istir\<; antenna system. This eqLJipment should be available at most bricks-and- mortar<JndlntemetconSLJmerelllctronicsretailers, How Do I Receive Digital Broadcasts If I Subscribe To Cable Or Satellite? If you rflceivecablllorS<ltellite television service. contact yo ur cable or satellite provider HboLJI <Jny auditionalcomponents, sllch as adigilal set-top box, that YOll m ily neeu to watch digital broadcast programming, If I Buy a DTV, Will My VCR, DVD Player, Camcorder, Video Games, Or Other Equipment Still Work? VCRs, DVO pbyers, c<Jtncorders And video g<JlllClS will continlle to work, even if lhey me only analog- capabllO, SLJchequipment, howaver,maynol provide digital-qLJality picture and sound. Manufaclurers are p'ouucing a number oldifferent connectors to hook eqllipment to getherano improve pictlJre and sound quality. Che<;k with your <JqLJipmellt retailer to determine the types of conn'!ctors thai will work withyourequipmerlL How Much Will OTV Improve My TV Viewing? While picture quality will vary according to wholher YOLJ watch dig,tal progmmming in high definition (HDTV) or standard definition (SDTV) format, over-the-<1ir digital programming provides a belter viewing oxperi()llcethanover-thll_Clir'IIli-llog progr<Jmming, as 10 ngasYOLJl1Hv",goodquiJlityreceplion throughyouranlenna, How Much Will a DTV Cost? Prices vary dependi,.g on the many features and options <lvailable t ocoflsumers, inciuding format, dispfaytechnology, and screen size. Oisplayteclinology choices include cathode my tLJbe screerlS, rem pr()jection TVs, fronl projection TVs, and flat panel TVs. FIHt panel TVs. often the m()~l expensive, can use "ithera liqLJid cryst<J1 display (LCD) Or plasma screen tech nology. Screnn size is measured FCC ~("~~0 .ec...,Con.."'''''''"''''''C'mm_.''''''''''''..,'Go.......''''''A..''.'''''''''' 1.,.a.CALl_FCCI'''''''''''''''''''1 . ny, '--,,"'-IUL-'CCI'.~88-il30-,"'" 4-t5'2\hSC.SW_"'-"_.OC20'''' ,,,.I.'66_"O-C"31 ____'00,'0""" , di(lgonallyacro~sthe screen, and the largBrthe screen, gerterallythe more expensive the TV. To determine the equipment and features that are right fOI you, team about OTV from our Web Site and discuss your options with your retailer. ForMorelnlormation For more information <lbout the OTV lmnsilion, go to www.dtvQOv,whichalsoorovideslillksloseveralother informative websites, or contact the FCC's Consumer Center by e-mailing dtvinfolalfcc.qov: cAlling l-SSS-CALL-FCC (1-888-225- 5322) voice or l-BSS.TELL-FCC (1-888-835-5322) TTY; faxing 1- 866-418-0232:orwrilinglo: Federal Communications Commission Consumer and Govcmmerltal Affairs Bureau Consumer Inquiries and Complaints Division 44512lhStreet,SW W<lshinglon, DC 20554. ### Forlllis oranyolherconsumerpublicalion in i1n altemalive format (eJeclronicASCIJlexl,BraiJle, Jargepril1t, or audio), pJeas<! wri iunr callus atlhe ad,lress or phone number above, or send an e-maiJlo F CC504!ftJfcc_qov_ To receive inlormatiOrJ On Ihis alldotlwr FCC cOllsumer IOpics ihrough IIleCommissiOfl'selecllonics<lbscribersurvice_c/ickon wwwJccqovfcqblconlact;sl. This dowmelllisforconsumereducaliOllpurposes ollJy and is not in iel1dedlo arred 1lnypmceudingorcasesJllVolving this subject matterorrelal ediss<lus 01iOJ;O~ FCC '_"~",.,eon-...,-,."""",,,,","G"..,,,.,,,.,,,',,"_B",.., . ....5'l1nS'..5W . W,_""""",,[JC20~ ~-(,-;:~ '-./!'"_CALL_FC"('_'8'_220_"22i . TlY;'.""'_l>.CL,"CGi,.aea--'35_;Jm . F.,,'_",'''-418_0'''' . www ",.~o,.-..-",," ~ffIillI~~ FCC Consumer Facts . FederalldwrcquireslhH\allfull.powerlelevisionbroadcaslslHtionsslop broadcasting in annlog lorrnatand broadcast only in digitill lormat after February 17, 2009. Broadc3ststations in all U.S. markets are curlcntly broadcasting in both an<llog and digital. If you have one or more analog televisions that receive free over _ the-air television programming with an outdoor antenna or "rabbil earl''' onlhe TV, you will either n'md a digitallelevision (a TV with a buill irl digital tuncr) olananal og lelevisionCOrlnectedtoa "digital-Io-analog converter box" (which converts digital sigllals to analog signal s for viewing on your analog sel) in order to continue to watch programming from full-power broadcast stations. This Facl Sheet provides inforn'ation on antennas and OrJ what is needed lor good quatity reception ofdigilal broadcasts_ Try Usinq Your Existina Antenna First First,itisirnportanttoknowthfllifyourtelevisiorJcLJrrenllyreceivesgood'lualitywceplionorJarJalog channels2-S1 with a broadcast arllenna, it should be abfn to receive digilaftel evision (DTV) sigrJals, includirJg high definition television (HDTV) signals, with the sarno broadcast antenna, You do not need to purchase a "DTV ilntenrJa" or an "HDTV ;mterJn<1" to mr.uive DTV or HDTV signals However, consumers should be awarOlhat if they use a digital.to-an"log con verter box, they will st,1I need to use an anterJna to recoiv<.J DTVsignals_ Prior to making any chcmges to your current anlenna or antenna sys tem, you should check to se", if it will receive the digital signals being broadcast in your area, Connect your existiny antenna to either a digital television or <1 digit<ll-to-analogconvurterboxconmlc tedto,lnflrJfllogTV. Make sure you, TV is set up to receive over.lhe-air broadcasts (as opposed to being conne cted toa paid provider such as a cable or satellile TV company}. Itmay also be helptulto perform a "channel scan'-in which your TV will ""tomatic~lly ch(~ck to see which stations it Cfln 'eceive. In mdnycaS')s, this is HII YDU will ne8d to do to watch digital television broadC8sts. for Help Wilh Recelltion Problems If you experience reception problems, tne 101l0wirJg information and tips may help to impfOveyour reception for digital broadcasts . During the transilion to digital TV, marlY stiltions are temporarily operating at reduced power levels_ If you are not receiving certain digital TVstalions, thisdoesnotnecessarilymeanthereisa problem wilh your arJtenna or receiver. Check wilh the TV stalion 10 firJd out whether they are pl"nning changes that will improve reception. . When an analog TV sign;!1 is woak or receives interference, static, snow, arJd distortiorJ will ofterJ appearorl the screen, but you c;!n walch the picture through the noise. Digilal broadcaslingwill proviceacfealpictu:eevenvtithaweaksignalandinlheprescnceafinterference_ However, if the digit..1 signal ffllls below a cert~irJ minimum strength, the picture can suddenly dls<lppear. This "cliffeffecf'me<ll1s1hat if you typically watch analog TV statio ns that havea lot af stalic and dis(ortion,yol1m<1ynavf.1toadjuslo,upg,adeyouranterlnasystemtogeta reliably good signal tor digital broadcasts . TV reception can bealfected bylactors such as terrain, trees, buildings, the weather (rain,wind, humid,ty).arJddClmagedfdeter,o,aledequipment. Often digilalrecoplion can beimprovec just by chClrlging the loc"lion of your current;:mtenna. Moving it away from olherobjeds >Jnd structures, Or placing it higher can often improve reception. . Mllny antenflas need to be orlenled or aimed 10 gel me be~l signal from lhe desired station. For indoor antennas. you may need todo lhis manll<llly by trial arJd err or_ ForoutdoorantennHS,a rotorthal.re,orierlts.the (lrlterJna.caojmprove periO!!llilnce".pa rlicularly.when.tryjng,to.feceive ~cg"",.calco"""""".,;o"cO'''m;'''''''''Co"''''''''''"(;''''.'"","''",I''''.\'',B,",,," . '"',12LOSl.,';W W""""""". Ue ""'4 (<, ,y) Hlli'-<:All_FCC"...._2'&-5311I. llV;'-.BIl8_THL_>CC(,-.ae"."_"21! . "..,-"e,s""~l" . .~W.r""."""I"'b .,. slalionslhHtlransmilfromdifferenllocalions . r\llcvision stations broadcasting in digit;ll use bolh lheVHF ban d (channels 2-13) and UHF band (channels 14-51). Many indoorantenn(lS use "rabbit ears" for the VHF bal1d and a "100 p"or"bow- iie" fln;enna for the UHF band. Make sure you fOre using an antenna that Govers both the VHF and UHF bands and h,lve connected il properly. . Simple iodoor antennas, such as mbbit ears, provide minimal per.ormance that mayor may not be suitable for your location. If you are unable to oblain satisfactory reception with your currsnl indoor anIDn",",youmflywishloobtainanindoorantennalh<llincludesfeatures for better reception of UHF sigollls 3rld/or an amplifier to boosl the received signal {olt en referree to as an activa indoor anlenna). . Generally,anoutuoorantennawillgetbutterreceptionthananindoorantenna, If you already have a:l outdoor anle;ma ane are get\ing g80d Quali<y rcceptior11rom VHF and UHF chanrlels, your anterlna should work fine fordigit<ll television, . The performarlce 01 outdoor anlcnnas can degrade over time due to ex posuretotheweather. II you are h<<vin!; problems, check for loose or corrod'oid wirir1g, brokenantenrlaeter.lentsandlhal the antenrla is poinled in the right direction, . Try to keep the length olwire between your antenna and digital mceiveras short as possible for bast reception. . YOLJcan use a sin!Jle antenna to provide digital lJroadcflsts to multiple TV sinyourhome. Remember, however, that each analog IV connected to your antenna will need its own digital-to- analog convener box to viewdig'llal broadcasl programmirlg. . "Splitters" lhatare used te conncctH sinfJleantenna to "Iultiple receivers reduce the <lmountel signal available to each receiver. If you are having problems, check to see whether mception is improved wllhoutlhe spllt\er. In some CflSeSarl"active"splitlerthatirlcludes "n amplifier carl 5 olve theproblenl . II you are neara station's nroadcasttower,receptio:l of that sta tion, as well as other stations, carl be impeded by signal "ovNload". Consider using an "Atlenualor" or removing amplifiers 10 improve yourreceplion. . II you decide:o replace or uograde your outdoor anterlna, websites such as www.antennaweb.OfQ provide irlformation orllhe locations of broadcast towers and th e lypes of outdoor antennas appropriate for the stations you wish to receive If you need <Jssistance with upgradirlgyour antenna system. checlwith a local antenna ~etailer or <lntenrla Installer. For more information aboutlhe DTV transition, go to www.dIVQovorcontacltheFCCbye.mailing dtvinfOlalfcc.aov; calling 1-8g8-CAll-FCC (1-888-225-5322) voice or 1-888-TEll-FCC (1-888-835- 5322)TTY;f<lxing 1_866-41S_0232; orwritirlg to' Federal CmTlmunicatiorls Commission Consumer & Governmental Affairs Bureau COrlsumer Inquiries311d Complaints Divisiorl 44512thStreet,SW Washington,DC20554 - For II"s Dr on)' Om~( conswmGr pi1bhcation rn an &CC~s"blo rorm&1 (eleCllonicASClIlexl, Bmillo, larg~print, (>faudio)plc""ow"I~Or call ws <lr II)~ ad<J.coss or rlWn~ nwmberbelow. or sond all e-m.1il ro FCC~04@!cc.aov To nxeiv~ in/DemMon on fI"'s ami omer FCC conw",~r lopiG., lI,rough II,~ Commissioll'S ~1~c'mniG wuseril"" sONic,,' click on www.ft;c.aovlcablconl~cI5l. li1<iOB Th,sdocumonlis/oroomvm~fedu",,'ionpvrposcsOl1lyandl:'fl()I"'le[)dedto al!,.'"lal1ypwceedi"(forGas~-"involvi"!III"ssllnioClm"llo!for'elaI~dis.'uo" I Ft:;C>) """".1 C""'"'"""';"'O'" C"","'"",,,, .CO"",~,,,&co,,,,,,,,,,.'taIA.,,"H,,,,,,, "",'/thSLSW. 'Na"''''''u'',DG'O,''-' V((<,." . r----.:.:-~- 1.&.'-CIIL(.FCC(I-838-Z15-';>n1 - nV:'-&l...lu(.Fcq'-838-",'_"'m """,1-110O."'"2'1 ,"''''..h.,,,,,,,,," ~\1.roJ1~@.l.\'I:il~rnoo FCC Consumer Facts Analog TVs and VCRs can receive digital television (DTV) broadcast signals by using a ''Digital- to-Analog Converter Box" that can be purchasea at retailslores. If you use a single OOrlverter box and Sel-Up #1, you can watch and record one channel at a time. If you use two converter boxes and Set-up #2. you can wutch 011') channnlwhil6 recording a differelltchannel. Set-up #1: Watch and Record One Channel at a Time Supplies: You will n(Jed your 'malog TV, analog VCR, the antenna yuu have been using (indoororoutdoor),and the coaxial wire that currenlly co nneclsyour antenna \0 your VCR (as pictured on the right) Your new Converter box will come with a second coaxial wire and a remote control Serore you begin, you should unplug the power from your TV and VCR Coaxial Wire Step 0 Unplug the e~isting coa~ial antenna wire from your VCR "Antenna In (RF)" port. Step o Plug the existing coaxial wire into lhe "Antenna l:l (RF)" port on your Converter Box. ~- .y ~ -. D~OI 'j' ., , ., ,- " .11 ~ J tJ3.~ !_l~ ~r\ J I cijjj i'J -, , Leave your connection from tho VCR to lhe TV as is (eilher an AN cable or Coaxial Wire). '''''"""",,,~, ",,,~,,.,'^~, , -r- l \, " L~J i'! ''''''''''0' : t;:"" J fTJ ~ \'- JI T' II \'- tJ ",- n -.,.- --- .. ltc;] L~I~ Gsi L='f, :! t! , n" .. _ " [,..--) LJ~ ""'''''Coo,... "",__.. ,~.~..... . Step 0 Plug the power cords on your Converter Box. VCR and TV into a po;cr outlet, and turn lhe devices on. TuneyourVCRtochannel3or4 (follow the instruclions in lhe converter box ma~ual), I1nd set your TV to display video from your VCR Using tM remote that comes v..ith your Convener Box, fOllOw the on-screen set-up guide to scan for available OlV channels, anu hegin enjoying Ihe henefits of Digital Television' You will be able to record programming on the channel }'ou are tuned to on yOllr convorter box. ---- I:iI~] ~ ".~~c_~ .....,.".. Step€l Using the coaxial wire that comes wilh your Converter Box, plug one end into the "Ouf To lV (RF)" port onthe Converter Box. PllIg lhe olher end inlo the "Antenna In (RF)'" port on your VCR ..> 0gg Fou""'Commum.t,,,",OO,n",,..,"O " co",."",,'"&G",.mmu,",'^"""""""" ""''','',"SLSW. "'''h;",on.u:", - - '.88Il-CAl-'-.FCC(1.t',,,.2>5-mlJ" T1Y;'__.TELlFCC('_B8,-e:l5=1 . F'~H","'-/l':l> . ~.l""."..""b ~,~ Set-up #2: Watch One Channel while Recording a Different Channel Supplies: You will need your :malog TV, the anlEJrm8 you have been using (indoororoutdoor),the coaxial wire thatcurrenlly COllneclsyour anlenna to your TV (as pictured on lhefar right),four additional lengths of coaxial wire, a sel ofNV cables (as picture don tho right), a 2-way splitter, and two converter boxes. Your new Converter boxes will each come with a coaxial wire, a set of NV _ cables (three wires with red, wnlle and yellow plugs), and a remote NV Cables Coaxial W;re control Before you begin you should unplug the power from your TV "nd VCR. Step 0 Unplug the existrlg coaxial al1tenna wire from YOllr VCR "Antenna In (RF)" port. Slep 0 Unplug coa.ialwire 112 from your VCR ''To TV (RF)" port. Leave tho other elld of wire 112 plugged ill to the TV. Step€} Plug the existing coaxial alltelllla wim into the: "In" port on your2-waysplitler. SlepO Plugtheloo~oendofwife #2 illto the "Out 10 TV (RF)" port on Converter Box.A". Step 0 Plug one end OfCOflXii'l1 wire #3 into one of the "Out"ports on the 2_waysplitter. Plug the other end into the "Antenna In (RF)" port 011 Converter Box"A". SlepQPlugo."1eenclofcoaxial wire #4 intolheother"Out"'port on the 2-waysplitter. Plug the Olherencl into the "Antenna 111 IRF)" port on Converter Box "B". Step 0 Plug one end ofcoaxi,,1 wire #5 into the "Out to TV (RFr port on Converter Box "6". Plug Ihe otherelld into th() "Antenna In (RF)" port 011 your VCR l ;:-_,1 -- I L{HQjI~-0 OJ - ~~-0 i: IjJ ~ :::J o "r ~ lty. ~-" ~ Z:",.4 I"" ~l 0 ~ ~Y~J l-f-e-l,.- \.' r,;: _...:. _ ~~ c ~:...., ~-"~iLgJ ~ f:J ~eJ~Gi ,~- .1 ~ H ~ ~ 1- ~ ~! o --- :ci"0~:LgJ g J o - ~-0'7';lbl . '" FCC 0c':--,?,-""'" Fed""'Co"m,,";,,,,""",Comm"'~n .""n"'m..-'C",",omoot,'A.~"~,,""" . ''''/1"SL.SW . W."",,,,",o.DC200'" _ ~ ,......CAll_FCC(I-f&-22S-5-3m. nV,'_588-rEu._FCCI,,,",,",,,,C5"'J' F,~''''''-''''I.'02''' . .........kc.__ -- ...-.,. -, IA M'I:'"'''- i.J:: l~. " '......c-M ^<." -...... ~".~,.,..~ ~._'" (":'_ - _.1 -- 'M.I-';;-!'I'~.. A p' L~J..!!U .. ,'., c-.-_.... ~~Oi' ~ ~ Jf . . -~" Step 0 Using yoursct ofNV cables, plug one end of lhe c"blesintolhe"NVOul" ports 0" your VCR, Match the colors of the plugs to the colols of the ports, so thai red plugsinlo red, wh',teintowllite, andY<Jllowimo yellow. Plugtheotherendoflh[! cables into the "AN In" portOf"l your TV sel in the same way. If your TV does not hav<J<'l red (AudiOR) port. leave lhe red cable unplugged on both ends. .,. ~ t::~', ICe. , 0 'I ---~ II -i:lilj 1..OTIi:lt~; ''j'''. Cr" -. ~V G G:"~'A u ~-;:;;@ g U Jilej(O' ,::. tL T l"~::; _/ "-- - '- Step 0 Plug the pow,)r cords 011 your Converter Boxus, VCR find TV into power oullds, and lurn them "II on. Tuna your TV to chanf"lcl3 or4 (follow the instructiof"ls in the converter box manual) to set up Converter Box 'A", Using the remOle controllhat came with COf"lverter Box A, fOllOw the on-screen set"up guide 10 scaf"l tor available OTVchaf"lnel s_ Step il!l Sel your TV to "AudiolVideo In" and tune your VCR to channel 3 or4 (follow the Instructions in lr.e converter box manual) to setup Converter Box "S". Using the remote that C<lme with Converter Box'S", follow me on"screen set-up guide 10 scall for available OTV channels_ . If you want to record a program with your VCR, set the channel On your VCR to channal 30r4,and tune the converter box to lhe desired channel, . If your Converter Box includes a "universal remote control" oryou already have your own universal remole control, follow Ihe instructions that come with your Converter Box to program the remote to work for the TV, VCR and the Converter Box, " If you have a OVO Reco,der or DVR, you should be able to connect it in a manner similar to the sleps outlinudabove. For more information aooUl the OTV transition, go to 'NWWdtvqOV or contact t,'e FCC bye- mailing dtvinfo@fcc"lOv;calling 1-888-CALL-FCC (1-888-225-5322) voico or 1-888-TELL-FCC (1-888-835.5322)TTY;faxing 1"866-418-0232; orwritillg to: Federal Communications Commission Consumer & Governmental Affairs Bureau Consumer Inquiries and Complaints Division 44512thSlmel,SW Washington,OC20554 Forlhisor"nyo(herconsumerpu~lic"IIoninanClCr.essitJ!e{O(m,'1 ("Icclronic A$Clltext, Ilmi"(), large pli,,/, or~lJdio! I'IC3S~ wfil~ 0' call us at Iho address Or phone numtJ~,b~i~w. Or Send ~n o-muillO FCC504Ci'i1fcc.qov Torece",einl(Jfm~Ii()n()f1It>;Sandot!Je,FCCc()nsumeriOpicslt>r'O<1gh IheCommisslon'soloc/ronicsub$Mbe's~rvicu.clickun I,Uo:!!www.fcc.f/ov!cf/b!conlactsl Thi;r1(K;(lmentisforCf)nsumereclucalronpu'poseeonl,.afKIi'''''lin'~r>riedlO affect "ny proc~~dma or cases irrvolvinq mis ,'ub;ecl mailer or rolm~d iSSU8S FCC C:~:;~ F"de"""""""""",",,,,C<>,,,~,,,,," . Co,""",,& GcYMnm"otal Aff.." '''''""" '-668-cAlL_FCCl1_888-="-'22). ft'.,-&a-TELlH;cl1.",,",Ol3!K.:l22) . '''121"5L,S"" - WOS";",~M_OC20554 .....)--''':--1'8-0;12>2 ,,,',,'",""_"", ,/ II' ' - TV CONVERTER BOX ... COUPON PROGRAM PO Box 2000, Portland. OR 97208-2000 FocmAp_ 0M(lNo.066(KI02' Apply online: www.DTV2009.gov Apply by phone: 1-88S.DTV-2009(1.888.38B.2009) Deal 01 hard of hearing callers: 1...!l77-530.2634m.Eng1l,n 1-866.485-1161TTY_S",;," ri:\ @ Fax applicalions to: 1-877-DTV4ME2 Mail applic.ations to: PO Bolt 2000, Portland, OR 97208 ALL APPLICATIONS MUST BE SUBMITTED BY MARCH 31, 2009, COUPON APPLICATION All information must be filled out. Please type or print clearly. This Application is 10 apply for a $.40 Coupon which can be used lowards Ins purchase of a TV converter box. 1. Your Name and Address. NAME HOME ADDRESS First Middle Last StreelAddress Apt# City Slate Zip If the US Post Office does not deliver mall to your Home Address, provide as much information as you can above regarding your Home Address iilllil provide your Mailing Address below. MAILING ADDRESS If different Street Address -or- P.O. Box # Apt # than above City Zip 2. TV Service: Check the statement below that best describes your household. D All or some of the TVs in my house are connected to one or more pay servicos, such as cable or satellito. D Nono of the TVs in my house are connected to one or more pay services, such as cable or satellite. 3. Coupons Requested: How many coupons do you want? DONE -OR_ DTWO 4. Signature: By signing below, you declare that the above is true and correct. Signature Date No'",'n'land'09.",a'h"p"""'On of the l:>w, ho P''''''''',,,,ou;re<f to '"'PO"" to, no'so"any".,,"n "" '"~le"ro8 """""fu,r"'u,,,'o,,,mply"'lLh, .co',"c',," or,",O<matioo....t.joe\,o",._"""'.n.."'It>oP''''''''''''kRodurnooA''jPRA).'o'."tha'''''''''''''''''d;,."..,...c''',.n"'''''Off''''or".oag."'"nt.,,"B~.L (CMB)""""",.,,,_. "j""""_~"""ng_"""'''''"",,,_. '-..../ ,-- OMB No. 066Q.<<l" TV CONVERTER BOX COUPON PROGRAM Do you have a TV in your home that works with the help of "rabbit ears" or a rooftop antenna? If so, you should 00 aware of an importanl change in broadcasting coming i rl Febfuary 2009. If you receive frea TV using an antenna and your TV is nol digital, you need to take action sometime before February 17, 2009 so you can continue to receive programs afler that date. What's this about? The Digital Television Transition and Public Safety Act of 2005 requires TV stalions to stop broadcasting in analog and to broadcast only in digital afler February 17, 2009. The digital transilion will provide a betterviewir'lg experience for con sumers and help emergency responders protect your community. The Act created the TV Corwerter Box Coupon Program for households wishing to use their analog TVs after the transi~on. The Federal government is offering US households up to two $40 coupons to help pay for the cost ofa certified converier box. TVs connected to cable, satellit e,orother pay services do not need a converierbox to receive programs after February 17,2009, What do I need to do? For each analog TV you own, you need to decide before February 17, 2009 how you would like to get programming after the change to digital. fI'~'" .~T. -. .-';"~ ! .o>'f.TV'~_ , CONVERTED BOX "~lJPONIPROGR_AM' '"';'0:;;';-" ,l: ,", _, I ;...._" .~,~, ~. -,,", , l~"_'D""'''''''''''','''''.'':'"' @ What are my options? 1. Buy a converter box that will plug into your current TV, 2. BuyaTVwithadigitaltuner, 3, Connect the analog TV to cable, satellite or other pay service. More information can be found online at www.DlV2009aov. How do I get a coupon? Apply online or by phone. You may also maii in or fax a Coupon Application. You may request one coupon now and one later, but no more than two coupons per household are allowed. Coupon supplies are limited. Coupons expire 90 days after they are mailed. Requests must be received by March 31, 2009. Contact information is listed below. rIi1\ ONLINE ~ www.DTV2009.gov BY PHONE '~.')~ 1-888-DTV-2009 (1-888-388-2009) , Deal or hard of hearing callers' 1-877-530-2634 nY_English 1-866--495-1161 nY_Spanish @ ~ __El_ .0 BY FAX 1-877 -DTV-4ME2 A converter box is a new product available beginning in 2008/hatmakes analog-only TVs work after February 17, 2009. A certified convener box is expected 10 CQstbeiween $40 and $70. BY MArL PO Box 2000 Portland, OR 97208 Na.....th.t.o"""g "'yo'h.,p""'_ot",. ,..., oa"..-.oo " ,""u;,edto ",.,,,,,od to,'"'''''''' "'Oo"""bo.ubjo<tto,,,,,,,ollyfo.-f8''''..,ocomoIV_,.collocllOn of"'!om>anoo,"bjoctto",","""""men"'ol","F_""",'RodUdkln"<>(PAA~""""',,",,a>IIo<Ooo_,,,o~volildOll\oool"'-'''''''~ (CMB)"""...,..,..,..,'__.-.g_IotrnwlllX>lbo..,., ,/ II FQ<mAp",,,,,,," ""'~No.0660'()024 PROGRAMA DE CUPONES PARA CAJA CONVERTIDORA DE TELEVISOR PO Box 2000, Portland, OR 97208-2000 Solicilelo en linea: www.DTV2009.gov Soliciteloportelefono: 1-88S.0TV.2009(1-688-JM.2009) @ EnviesU50liciludporfaxal: 1-877-DTV-4ME2 EoviesusolicitUdporcorreoal: PO Box 2000, Portland, OR97208 Laspersonasoon DfOlJlernasdeaudiGi6n; 1-8n-53o.263.4TTY-inglas 1-86S-495-1161TTY-espaf>QI iODAS LAS SOLICITUDES DEBEN PRESENTARSE ANTES DEL 31 DE MARZO DE 2009. SOllCITUD DE CUPON Debe proporcionar toda la ir1formaci6n. Escriba con 'elra de moldQ 0 a maquina_ EstaSolic;tudespara pedirun Cup6n de $40 que puade usarse en la compra de unacaja oonvertidoradetelevisor. 1. Su nombre y direcci6n. NOMBRE DIRECCION PARTICULAR 1er.Nombre 2do. Nombre Apellido Numeroycalle #deAplo. Ciudad Eslado C6digoPostal SilaOficinadllCorreosdeEE. UU.noentregasu corrllspondenciaensu Dlrecci6nparticular, proporcionelamayorinformaci6nposibleenrelaci6nconsuOirecci6nparticular yescriba su Direcci6n poslalacontinuaci6n. DIRECCION POSTAL SieSdis(jnla NumeroyCalle -0- P.O. Box # #deApto. a!aanterior. Ciudad Estado C6digoPostal 2. Servicio de TV: Marque una de las oraciones mostradas a continuaci6n que mejor describa a au hog<Jr. o Todos 0 algunos de los tlllevisores en mi casacs\<'lIlconecladosa Un 00 mas sorviciospagados, tales como cable 0 satelile. DNingunodeklslelellisoresenmicasaestiiconectadoaunoomiisserviciospagados. lales como cable 0 satel,le 3. Cupones solicitados: l.Cuantos cupones desea? DUNO -0- Doos 4. Firma: Mediante su firma al calee, usted declara que 10 anlerior es veraz y correeto. Firma Fecha s.o~"'<:uaIquOof"'_"'''Io"no'''''.'90,___",""....ni'''''''''''''''''''''''_"*,aa.....'''''''''''''''"", ,ncumplmIo,"""'u""~"'''fI>f",,,j.nq""''''...q.taalos''''1''''",,,,delal''doSOnplillcadOnAdm'rn''''''''.IP~R''''"<l''''Aa,.PRA~. mo"",q""o",",oP;'ool()n"",o",",no""""ode"mtrol""",od.'aO'''..fMaoa'''''''''''f"""e''''9o1(OMB,poc'u'''O'....,'oglHll.'oro''''oc'ooq".,. '"COpl'."",,,.,,""',,,,",.,,O""""'"'""'"" ,,/ F"'mAoP'"",d 0"B"".0000.00:<4 @ PROGRAMA DE CUPONES PARA CAJA CONVERTIDORA DE TELEVISOR j ~... " " "4#';-' ,I'tTV"_, ~ CO:mvERTER BOX COUP:ON!PROliRAM "V"~-+:- b- ~." - ,6SJ.-,~: ,-.otY_-,^,...~'l'l1lHl'.... l. Tiene un televisor en casa que funciona con la ayuda de una antena de techo 0 una antena fijada? Siesasi,debeestarenteradodeuncambioimportanteenlatransmisi6ndelase"altelevisivaquese Ilevaraacaboenfebrerodel2009. 51 roGibesu seilaltelevisivagratuitausandouna anlenaysutelevisornoesdigital, debe actuar antes del 17 defebrero del 2009 para seguirrecibiendola seilaldesuspr ogramasdespuesdeestafecha. (..De que se Irata? La Ley de Transicion a Televisi6n Digital y $eguridad Publica de 20aS exige que las estaciones de televisi6n dejel"l de Iransmitir en ser'ial ana logay 10 hagan solo en una sMal digital despuBs dsl 17 defebrero del 2009. La transici6n digilal brindaraalosoonsumidoresuna mejor expcrienciadevisualizaci6rlyayudaraalossocorristasaprolegerasucomunidad. Esta Ley cre6 el Progrnma de Cuporles para Caja COrlvertidora de Televisor que puede usarse erllas casas de las familias que deseen usarsustelevlsoresanAlogos des pues de la transicl6n. EI GObismo Federaleslaolrecilmdolesaloshogaresestadounidenseshaslados cupones de $40 con el fin de ayudara pagareicoslodeurlacajaconvertidoracerlificada. Loste levisoresque tienenoonexiorla Urla se~al de cable 0 satelite U otro servicio pagado no necesitan una caja cOrlvertidora para recibirla senal televisiva despullsdel17 de lebrero de 2009. l.Qut'! debo hacer? Antes del 17 de febrero del 2009, debe decidir c6mo quiere redbir la programaci6nencadatelavisoranalogoqueposeadespuesdelcambioalasei'ialdigital. l.Que opciones tengo? 1.Comprarunacajaconvertidoraqllepodniconectarilsutelevisoram'lIogo, 2. Comprar un televisor con sinlonizadordigital, 3. ConectarSlltelevisor analogoalcable. sateliteII otroserviciopagada Puede encontrnr mas informacion visi18ndo el sitio de intemel, WWW.DTV2009aov l.C6mo consigo un cup6n? Solicllelo en linea 0 por telllfono. TambiE'm puede enviar una Solicitud de Cup6n porcorreo 0 porfax, Puedepediruncup6nahorayotroenunafechaposterior,peronose permiten mas de dos cupones por familia. EI suministro de cupones es Iimitado. Los cupones vencen a lIos 90 cias despuE!s de que seenvian porcorre<l. Las$Olicitudessedebenre cibirantesdel31 de marzo de 2009, Lainformaci6ndecontactosemueslraacontinuaci6n. @V @ @ ~ EN LiNEA www.DTV2009.gov POR TELEFONO 1-888-DTV-2009 (1-888-388-2009) Laspersonascorl problemasdeaudici6n: 1--En-530-2634TTY-ingies 1.866-495--1161TTY-espai'k>1 POR CORREO PO Box 2000 Portland, OR 97208 PORFAX 1-877-DTV-4ME2 .0 _ER__ Una Cilja oonvertidora IlS un producto nuevo disponible a partir de 2008 que haooques6lolostelevisoresanalogos funcionen despues del 17 de febrerode 2009_ Se estima que una Cilja converlidoracuestenentre$40y$70, S1n~oo~otradlspoo.lc;/lo""lo..y,,,,,..Ie.,;g.'roov.o..parsono_oontOS"'''"jngu<\ape,,,,,,,,.....,.,,,je\a.un.oenoIi~por on<>Jrnp1"",.nlo~O u.... _I=/in~. ,nlorrnacObn 000 ..'Ii sUJ.b s 100 "",u'"lo.~.1O ~'Y de Slmpllll_oo Admonl."..lMl (Paporwor1< RadLJ<';o" Act. PRA.),". ""'''''. QO".... ceeopll.o>ln m_~ 1m n""",,,,~" ",,"tra! v~lldO de I. Olfic. '" MIlnag."",n' .nd Sudgo' (OMB, por "". olglo. on ;"11'.') La 'nFo,"",c;on',"",.,racopll""I","'e't<JfQnm"""QnQs.'~'.ndi<jo ~@l!ilDGl$l(....wl!l1l!ro@lllDffiiF.1I ~e~<3!lill!IiEl1!.lllll Informacion de la FCC para el Consumidor Los TV Y VCR anal6gico5 pueden recibir las sefiales de la television digital (DTV, por sus siglas cmingles)usandounacajaconverlidorCldelaseiialaigitalaiolnal6gicaquepucdecompraref1 lasliendas. Siutilizaunasolacajacorwertidoraylalnstalaci6n#1,ustedpodra vel y grabar un canalalmismoticmpo, Siusadoscajascorwertidorasyla IrlSlalaci 6nll2,podraveruncanal mierltrasgrnbauncanaldiferente Instalacion #1; Yea y grabe un canal a la vez Maleriales: Necesitara su TV anal6gico, su VCR anal6gica,Ia antena que esta usanclo(interioro e'terior). yel cable coaxial que actualmenteconecta S~ antena El su VCR (como se muestra ilia derechal. Su nueva caja cOrlvertidor<1 vendraconunsegundocablecoaxialyunconlrolremoto.Anlesdecomenzar, cebera desconectarsu TV Y VCR. c.bl,Coni,1 Paso 0 Desconecteel cable coaxial exislentedelpuertode'Enlradadesu Anlerla (RF)" (Antenna In (RF)) de su VCR. '>CR,q:C:j:'''I:J' -.. ___ .f"\, L"''[QJ .:Jc Q l - Deje S\I conexion de la VCR al TV como esta (yasea~onun~ableNVocabl,-, coaxi<ll). LbJ g J c..... c.....,.. I. .........".... .-- ~ "''''''''''0 '""",, IV YS!\ I I, n -- Ir--I - '" '" LQJ' ".... n Q ~ LJ Paso t) COrlp.ctselcablecoOlxial existente en el puerto de "Entrada RFde suAntena" (Anfenna In (RF}) desu caja cOrlvcrtidora_ C~I' J C.....ti...... --- l"I~J ....c..,;.,t ..,. f:i _h. ,~,.." '''''::'':':-::'''0' ~::"_",..,.: IV~R.I ~..._ _!~ n. Ltc"'] li]ft'':)' -- ....c..,;." ,tc....c..~.. .d. .. t, _ -... I.......... .a.... ~u,. .......... Paso €I US<1ndoelc;;bleGO<lxialque vieneconsucajacorlverlidora,GOnecte ullexlmmoenelpuertode"Salidaala TV (RF)" (Oul to TV (RF)) On la caja CQrwertidora, Conecteelolroexlmmoen el puerto de 'Entrada RFde la Antena" (An/erma In (RF)) en su VCR Paso 0 Coneele los C<lbles de corrienle de su caja convertidora, VCR y TV ell una saliua de corrienteyenciendalosaparalos, SirltorlicesuVCRerlelcarlai304(siga Ifls illstruc"ioncs del manual de su caja), y ajuste su TV pam dosplegar el video desde su VCR. Usando el control remoto queviene con su cajaconvertidora, siga las instrucciones de configufHc;onenlapant"lIa para lluscar los Cflnal<.:s DTV disponihles y iComierlo, a (jisFrutarde los llerleficios (j" la TelRvision Di ital' Poor... rabarlos rogramas en el canal ueestasintonizadoonsuca-aconvertidora. FCC r (0,).'....... '"""""Com""""",,,,,",c,,,,,..,,,,,,,, . c........"""~G004m_""At/.,"B".."" ""'1O>S,..SW. WO_.DC>O>S< '-...:: -~ '_B&HOIILL_fCCI'_""'."'.63221" ''','_8''''_HLl_FCClt_""'_e3>-'''21 '."_'''''-418_<l'''2.""".roc.,,,,',"'' ,~ Instalaci6n #2: Yea un canal mientras graba un canal diferente Materiales: Necesitara SlJ TVaflal6gico, la anlena que esta usanao(intcrioroexI<Jrior),yelcablecoilxifllqueaclualmenle ~, ooflcclasuarotenaasuTV(comosemuestraaladerechH), cualroca:olescoaxialesadiciona'es,Uf'lju8godecablesAIV \ (como semu"Slra en la figura de la derecha), un sepflradorde '.~.' ~ dosviasydoscajasconvertidoras_ Susouevasc>ljas .. convenidoras vienencada unacol'l un alambrecoaxial, unjuego c",..ot.. c....C<>>>'~ de cablesNV (Ires cables con conexiones roja, blanca y amarilla un control remoto. Anles ue comenzar, debera desconeclar su TV VCR. Paso 0 Desconecll! el cable coaxinl de la.1ntena uxistenle del pUf!rtode "Entrada de su An!(ma (RFf (Antellna ill (RF)) de su VCR. Paso 0 Descor'lecteelcatJle coaxial#2 d<!1 puerto "a la TV (RF) (To TV (RF)) de su VCR. Deje el otro edremo del cable #2 cOr'lecladoaITV, Paso 0 Conccte el cable coa,ial e,istenteenlJlpuertode "Enlf<lua" ("In') de su separador ue dos vias. Paso 0 Conecte elextremo suellO det cable #2 enel puerto de "Sillida a la TV (RF)" (Ou! 10 TV (F<F)) de lilcaja eonvertidora "A". Paso 0 Conecte un extremo del cable coaxial #3 en unode los puertosde "Salida" ("Oun del sepmador de dos vias. Concele elotroe><tremo enel Puerto de "Entrada de If' Antena" (Anlenna In (RF!)delacajaconvertidora "A,"_ FCC C'::~'";-~~ ~ '(0""."0'"'' ~...,.._... ..,>t..... . 'f' " '" 1~ ::::',"::!:'"~~ 'i1V " " I",.,;Vc:R --- !'I;;.:I~ 0 0: -4: :r~3bIB coa,ial12 ~VCR' -~- "","]'1'\1';",,;;' ,~_ _',~_,i. ' 'I L__~VCR --- I_Q:PiJ:~ ,:-. ,:;: c.j. C.......m.A. . ,~.,. '....;.'" '''''",",C""",,,,'oa''oo;C,,,,,o,,,,s',n,C''','O,"m'Go.",,montaIAffa,,,",,,,"" 1_08'-CAlI'''~'11""','_22&-''''1 . TTy,I,ol\Jj.lnUCC{1_"'"-OJ0-6322j ''''L1h~I.SW ' ';"'''''0-418-0'''' ,..,. ,",,;.'1] 'IV ' U . - (i-':-' 0: lGJ - 'W .....-. .... - l~ ::-"'J I~i ..,.~ ,..';""2 < ~~ W , '=.-J1 - i"'o--;';;-Lnl - "', ~:J e . W"'''~g'on,Or,''iJ504 ,omw-,,,,,"""q;b Paso 0 Conecle un extremo del cable coaxial #4 en el otro puerto de "Salica" ("Out") del separador de dos vias. Conecteelotro extremoen el puerto de "Entrada de I.. Antena" (Anlfmn8 In (RFJJ delacajaconvertidora"S". Paso 0 Conecte un extremodel cable coaxial #5 en d pucrtode "Salida a ta TV (RF)" (Oul to TV (RF))dela caja convmtid-:fa "S", Conecleelotroextremoenel puerto de "Enlrada de laAnten,,' (Anlenna In (RF)) do su VCR .,. ... ~ C....A..~_... I .~V.C-fl- ',~- ,- . _..:...: ~ :iliJc.~~ LiJQi~ 0 .%'!fty_ ~'i ~ <O>;~., J c.,. 11 ...,.1 ~.."..~,...:A' ---, 1 ,"-;:y .jlfJj ~ ~ '- ~ -;;- , ~' " o ~-....." 1~-0 0: L~J Ii ~ COj. ~ C....A.m... l VCK :JV ~,; ~ ~ ~ r', ~Rj ltjl~Wr;. ;;' -. ,. -r. 7 ,,'-I-t' --- .- ~U;J ~ <..:,~::..~,u In-''; L2J "'ti! =~~;_ ."\'......y 0,; .. n ..9JS~ AN , ;...>' ) ~ ~t / Paso 0 Usando una seriede cables AN, ooneCle unode los eXlremosdeloscabl",senlos puertos de "Sallda NV" (AN Oul) desuVCRElcolordclas c1avijas deben corresponder a los colorescelcspuertos,aslla c1avijarojavaconelpuertorojo. lablancaconelblancoyla amarlliaconelarnllrillo.Conecte elotroextremodeloscableserl el puerto de "Entrada A/II" (AN In) de su TV en la misma forma Si su TV notiene un puerto rojo (Audio R). dejeel cable rojo sin conectarenambosexlremos Paso {) Conecte los cables de corriente de sus cajas convertidaras, VCR y TV en las salidas decorrienleyencicndalosaparatos. Simonice su TV en cl canal 304 (sigalasinstlucciones del manual de su C<JjCl). para ajuslilrla cajCl convertidora "A". Usandoel control remolOQue vieneconla(;ajaconvertidora"A".sigalaslrlslruccionesdewnfiguraciorlerllClparltall"pilra bu~car los canales DTV disponibl,~s. Paso <:D Ponga su TV en "AudioNideo In" y sintonice su VCR en el canal 3 0 4 (siga I"s inSlfUCciorlCs del manual cte la caja convertidorll) para oonfigurarl acajaconvertidora'S". Usarldoel control remolo Que vlcrle (;On la cajaconvertidofil "B",s igalaslrlstruccioncsde cOflfiguraci6nenlapantallaparabuscarlosc.malesDTVdisponiLles . 51 desea grabar un programa con SLJ VCR, ponga el canai 3 0 4 erl su VCR. y sintonTcelacajaconvertidoraenelcanalquesedesea. FCC (.:.Cd_!):i),,,,,",,comm,,,,c>,,,,,,,comm,,,',o,c",,,.,,,,,..&Go",,,,,,,,,,,,"'M",,B"",," '<>'","St.,8,^, 'W,,,",,,'oo.DC"",,, - - ,."AIj-CALL-CCC{j.j<,a-225,'V'J. TTY,'_",,'.'''L-1'CC,:'_'"'..'''.''''1 '''''_'''''.'''!-",')2 ' '<<.w'O<.'""'"o .,. . Sisucajaconvcrtidoraincluyeun"controlremotouniversal"oyatienesupropio control remoto,s;ga las;nstrucciones que vienen con su caja co nvertidorapara haccr que el remolo luncione con su TV, VCR Y la caja convertidora. . 5i liene un reproduclor de DVO 0 DVR, usled debera poder conectarlo en forma similaralospaso5arribaindicados. Para mas iflfcrmaci6n sobrs la transicion de la OTV, vaya a www.dtvqovocontacleala FCC por oorreo electronico dtvinfo@.fcc.oov;lIamandoaI1-888-CALL-FCC (1-888-225-5322) voz 0 aI1-888-TELL-FCC (1-888-835-5322) TTY; por fax 1-866-418-0232; 0 escribiendo a: Federal Communjcations Commission Consumer & Governmental Affairs Bureau COflsumer Inquiries and Complaints Division 44512\hSlreet,SW Washil1gton.DC20554 .~ Para esla u olr~ pub/iendon pam cI con..,midoren formalO ~ccesible (IeX'D eleclronico ASCII, Braille. !elm wande, 0 ,,,,dio) axrib~n05 () /Iame a la direccion a telaono Indieados abajo, 0 cnvia un a_m~il n FCC504@fca.<Jov. Haga die en wwwlceoov1catJlcoIl/8clslpamrecil>irml()mlaciOn.DM>esteyoUOOIllm.esdela FCC para el con$umidClralra",;sd81setviciodesuscr.pckmclaClrOnicadelaComisiOO_ F.5ta docu"",mo lien!' Como unico pwp6silo el educar ~I consumldor y no aleClani mng,in procedim/enlo 0 caso so!,reesteasualouO!rosrelaeiom,dos """'" FCC 0'':i~,) "..,,.,,Commuo,,,>I,o,,,Co,nml,,loo.Co",,,,"""G,,,,,,,,,m,",,"AtlO,,,B","., 1.8138-CAlL_'CCI,.ilIli_",_,:mJ. rtY;1-.888_TeL",CC(,-il88-835-&"') ",','""'~I.SW . '''.I-36&-41B-O'') W.,hon,",n, UC 2<,.^" . ~~~_<OC.'O.,"'" ~~ Informacl6n de la (l!l1~ - . . .. [llII]@@!I3~ FCC para el Consumldor En 17 de febrero do.J 2009, ley federal requiere que todas las telev isorasdepotenciacompletaparen sus emisiones ar'lalogas y que sean em,tid<<S unicamenle en vna senal digital. Aqui presenlamos 10 que signifiCilranparaustedestosrequisitosylavisualizaci6ndesutelevisor. - ,,-Porquelastelevisorascambiaranporcompletoalformatodigital? EI Congmso oblig(j que lodes las transmisiunes telovisivas sean en formalo digital, 10 qua IAmbiim se conocecomotransici6nalatelevisi6ndigital(DTV,porsussigl8sBningles}yllquseslaesuna tecnologia que permite alas lell!visQras transmiti, una mejor imagen y calidad de sonido. asl como ofrec!!r mas opciones de programacion para los consumidores a lr <lVl~sdevariosfiujosdeprogralll<lS (multilmnsmlsion)_ Ademas,la transmision s610 digitalliberara muchas frecuencias que se podran USClr paralaseguridadpublica,con,olapolicia,bomberosyrescatedeemergencias,yparaelsuminislrodc 5erviciosir1aiambricosoomereialcsavan~adosparaelconsumidor. l.Queneeesitohacerparaestarlistoparalatransici6na laDTV? Loqucneeesitahacerdcpenuedelafuentedesuprogramaci6nleievisiva,YClseaqunrecibala programaci6n por aire 0 de un proveedor que contrala como es una compar'iia de TV por cable 0 salclite. l.C6morecibire la transmisi6n digital si no me subscriboal servic io de cable osatelite? Sis6lorecibelaprogramaci6ndelelevisi6ngratuitaporaire, esmuyimpOl1antequeellipodetelevisor que tiene. ya sea digilal 0 anal6gico. Los consumidores que recib ens61olalelevisiongratuitaporaire pueden verla programaci6n digital oon un televisor que tenga inle grado un sinlonizadordigital (OTV integrado)ounmonitorquQQst&listopararecibirlflscflaldigitaI COil un caja cDnvertidora (que cOlwierte una S<;lIill digital a unil sefialanal6gica) porseparado.(Sehan\referenciaaFlmbostiposde televisores digitales como OTV.) EI ~'rlico equipo adiciorlal que se necesi:a para ver la prq;ra;naci6n dlgitalporaireconunOTVesunaanlenaregular,yaseadetechoounaversi6n mas pcquena que se coloea sobre SLJ TV como es la ~ntena en "Forma de V". Sitieneuntelevisoranal6gicotendraqucoomprarunacajaconvertidoraysecorlectara(jsuleievisor parapoderverlaprogra.l1aci6ndlgitalqueserecibeporaire(ve<lmasadelarllela pregunla Lyrespecto a miTV anaI6gico?). l.Como puedo saber si tengo un DTV7 Apartirdel10demarzode2007,lodosloslelevisoresquesedistribuyandenlrocelcomerclo intereslalal 0 se importerl aiDs Estados Unidos deben'm venir con un sintoni~ador digital. Ademas, a partlrdnI25demilyode2007.lflComisi6ncxigealosvendedore,;d8 t8ievisores que no vienen con un sintonizadordigitalintegradoqueinformenenelpuntodeventaquedlcl1osaparalosincluven solamenteunsintonizadoranal6gicoyqueporlotanlorequerirandeunacajaconvertidoraparapoder reciblrldslransmisionesporairedespucsdelafechadelransici6n,Losminoristasdebenalnronnara losoonsumidorescolocando<llavistHelsiguierltelexloeuandovcndcnleluvisoresques61olienonLJn sintonizadoranal6gico: FCC F.,",",C"",,,,,,o;,";O","'''''''''''''OO .Coo"""'.,oGom",,,,"""'AF,;,,B,,o,, . 44"""'&1..05'>"1 . """''''''I"'",uc'oc^" C"c':::> ,-,ge.CALL_FCCI1."",,_"C_0322) "Y."""'_1eLl"'CGI1_"^'""''''''';j . F,,,1"","""'_0',' ~'"~f".,o,i<~I' , This television receiver has only an analog broadcast tuner and will require a converter box after February 17,2009, 10 receiveover-lhe.air-broadcasts wilh an antenna because of the Nation's transition to digital broadcasting. Analog-<lnly TVs should continue to work as before with cable and satellite TV services, gaming consoles, VCRs, DVD players, and similar products. For more information, call1he Federal Communications Commission at 1-888-225_5322 (TTY: 1-88B-835-5322) or visit the Commission's digital television webs!te at: www.dlv.QDV. Porlotanlo,desplJesdeI25d"'n<Jyode2007todo~loslelevisoresquesevenctancteberimincluirun sintonizadordigitalobienespecificarenelpuntodeventasinoestaincluidodichosinlonizador. Asegurese de buscareste r6tulosiva a comprar un televisor nuevo, Estosr6tulossonmandatorios. En cUilnlO d como delerminar si ellelevisor que com pro antes del25 de mClYo de 2007 es Ufl DTV, muchosOTVsyequiposdelelevisiondigil<lltendranrolulosoeliquelasobien leyendasen sus materiillesinformiltivosindicandoquelienensintonizadoresdigilalesintegrados, Estasetiquetas0 rOlulospuedencontenerlaspalabras'sinlonizadordigilfllintegrildo"o"sintonizadordigitaldefabrica". La palabra "receptor'" puede sustituirse por "sintorlizador" y ''DTV'', "ATSC" 0 "HOTV'" (televisiol1 de altaddinicion)pu0densustituirseporlapalabr<l"digilal".Sisuh)levisorcontiel1ealgurlosdeestos rolulosoeliquetas.debepodervcrlaprogramaci6ndigitalquerecibeporairesinlaneC€sidadde tener una caia convertidora, (Recuerde que no necesita un televisor HOTV para ver la programaci6n digitaltransmitidaporaire,Siempreycuandosutelevisorcol1lengaunsintonizadordigitfll.podraver la programaciol1 digital que recioe por ai,,). Un HOTV es l1ecesClrio unicamel1le si desea ver la programaciondigillllen"allildefiniciol1.") Debeverificartambi{mel manual 0 cualQuierolm material il1forma tivoQuevief"'leconsuequipopara determil1arsitiemJunsinlonizadordigitalinlegrado. Si su televisor esta marcado como Uf"'l "monitor digital" 0 "monitor HOW, 0 como "'Iisto para la sei'ial Gigital "o.lIs\o parala HOTV'. eSlo no signiflcaQuerealmenteliene integrado un sintonizador digital. Porlotal1lo,es probable Que aun neeesite un cOl1vertidorporsepa radoQue c0l1t8rlgaun sintonizador pilrapoderverlosprogramasenetnuevoeslandar<.lutransmisi6nde TV <.Iigital {eleual incluye los form<Jtosde HOTV) en dicho equipo. Lascajasconvertidorasparalalransmisi6nporairepuedel1comprarseenliendasminoristas.Los proveedoresdeTVporcableysatsliletarnbi6nvendenorenillnlosdecodificadoresdigitalespara sus servieiosesp'lcificos. {Nota: EldecodincadordigilfllqueaQuisedescribi6noeselrnismoquela caia que convierte la senal digital en anal6gica de programas de la NTIA. descrilo mas adelante. Que seusap<lracoflvertirlastransmisiol1esdigitalesquesetransmitenporairesincostoparapoder verfasan un televisor anaI6gico). Si su televisor est:' marcado como .,malogico" 0 "NTSC", pem NO est:'! marcado que viene COI1 1.111 sif"'ltonizadordigital,signllicaQuesolocontieneunsintonizadoranalogico, SinopuedefacllmentedelerrninarsisutclevisoruOlroequipodetelevisiuncontienenunsil1tonizador digilal,seleaconsHjil<:lUeveriflqueelnornbredelfilbricanteyelnumerodernodcloycontacleasu ticnda<.leensereselectrof"'licosparaelconsumidoroalfabricanle para delerminar si vienecon un sintonizadordigil1Jlintegrado,Tambiimpuedeobtenerestain formacion en el portal de intemetdel !abricante. FCC ~<;'<0::) Fod".IC"'""",o;ca';oo,Co,,,,,,,,,;oo.Co,,,;,,,",,&C,,emmc,,t,,,Aff.,,,","""" ,""",.cAcL-FCCI1./l,..n,-632'j. m;""""'ELJ.-FCCI"''''''''''5J221 44512'hS1,"W . w"r."",,"n,OC'O''-'' F.",.'""__'&-0232 .www!oo.gO'VI<!,I' , Ya qUllla mayor'" de las televisoras ell el murcado de los Estados Ullidos estiin ya transmiti'olndo ell elformatodigital,s[!<lconsejal1uelosconsumidor<!scontactena sustelevisoras locales pnra determina~ los numeros de canal en 105 que se transmite la programacion cigilal. Pos~eriorm'ml" los consumidoresdebcnasegurarsoquesustelevisoresGSlanlistospilrarecibirlaprogramaci6nporaire (a(jifercnciadelassenalcsquclvienendoLJnproveedorcol1tratado<:omolosscrviciosdeTVpor cable osatelite),y luego podersintonizar los C8nalas digital esparalvslransmisionesporai'eparaver sipuedenrccibirlaprogramaci6ndigital. iYrespectoa mlTV anal6gico?iSeguirafuncionando? Drcspuesdel17deJebrerode2009,podrarecibiryverlaprogramw;i6ndigitHIlransmitidapurairecon un TV anal6gico solamentn si compra una caja convertjdora que conviert elaseilaldigitalaanal6gica. Dell. de enero de 2008 al 31 dl! marzo de 2009, lodas las familias de los EE.UU. pocrim solicitar hasladoscupones, con valor de $40cada uno para la compra de caja sconvertidoraselegibles_Las cajascunverlidoraselegiblesconvimtcnlasserialesdelalclevisiondigitalquesr:transmitenporaire yporlotantonoestilndeslinadosparaloslelovisoresanal6gicosconectadosaunproveedordc servicio de TV pOI cableosat~li\e La Administraci6n Nacional de Telecomunicaciones e Informacion (NTIA par sus siglas en ingles) estaild'ninistrandoLJrlprogramadecuponcs. Pam m.isinformaci6n,cnel il1tcrn<Jtvisite WI'NIolv2009qov. La pagina de internet diO DTV dela Comision www.dtv,qovqueconticnc inlolmar:i6nparaloscOJlSllmjdoressobreelprogramadecuponesparacajasconverticof,,"sque conviertl!n la serial digital a aroill6gica. La ComisiclI1 y la NTlA cafim infofmaci6rl ildicional sobre el progrilmadecuponesdelaasociacion,qu6cajasconvertidorassmanelegibles.d6rldeycu~ndo puedencomprars(j,yloscoslosrelativosconrorml!seacerqueeliniciodclprowamaeI1"clL'cllero dl!2008. Siyatengo una antena, i.necesilouna nueva para pOderverlas sena lesdlgitales? Engeneml nose n')cesita "nil ,Jnlella espL'ci,,1 pHra rocibirlas seiial<lsdigital(]~, Sin embargo, es posiblequetengaproblemascorlsuanll!nasisuantenaaclualnorecibe bien las serialesde UHF (canales ,4 y superiores) ya que I" mayofia de las eSlaciones de OTV se en~uenlran en los canales de UHF. En tal ~aso, poc'ra necesilar una .mtena nueVll 0 adidonar una secci6n de UHF a su actual sistemadeantena.Oebepodcradquirirestecquipoenlilm"yariaclelastiendasyminorist<Jsde apar<otuseledr6"i';osquesevendenporlnlernet i.Como recibire la Iransmision digital si me 5ubscribo al servi~io de cable 0 satelite? 5i recibeel servi~io detelevisi6n porcablGosatelite, pregunte a su proveedorsobrelos componelllQs adicionalcsquep""denecositarcomoesundecodificador, para po dcrverla progrHmaci6n digital. Si compro un DTV, i.funcionaran mi VCR, reproductor de DVD, videocamara, video juegos u otrosequipos? Los VCR, reproductores du OVD, video c;'llnaras y video juegos sO\llliran funcionando aUll si s610 son dcltipoanill6gico,Sinembargo,csteequiponopodradarunaimilgenysonido de calidad digitaL Los fabric"ntesestanproduciendovariosconectofesditefontesparairlterconectarelequipoymejorarla calid<Jddelaimllgenyelsonido Verifiqueconelminoristaparadeteffilirtarquetjpoceconectores luncionan con su e~uipo FCC C(?--'-:~ '.d."ICo""",,,,..t,,,",Como",,;oe.Co","m,,,'G,,,.,,,o""'"'A".;,,"",eO" ''''''<:JILl_FCC\''-,'...-.:l22'' lTY,'_'''_ElJ._FCC(1-&l'--B3''-S322) '<512lOSI,,,I'1 . W"h''',""lJC'O'''' ',,,1-S"'...,a.cn, . ""......C<.......'O'b , LQue tanto mejora la visuati"acion del TV COn la DTV? Ya que la calidad de la imagen varja en funci6n de que reciba la prog ramaci6ndigital en formatode alta dofinicion (HOTV), definicion mejorada (EDTV) 0 definicion estimdar (SDTV), toda la programaci6n digitClI ofrece una imagen mejorada. La HOTV es el formato de mayor calidad que proveeunareSOluci6nalla,unformatodepantallaan<;haysonidoenvolvente. LCuiinlocoslaraun OTV? Lospraciosvariandopendiendoclulasmud'HSfurlcion<;syopcionesdisponiblesparalos consumidores.incluyendoelformato,latecnologiadevisualizaci6nyeltamai'iodelapantalla. L" opcionesdelecnologiadevisualizaci6ninduyenparllallasdetuooderayosca\6dicos, TV de relroproyecci6n. TV de proyecci6n frontal y TV de panel piano. Los TV de panel piano que con frecuenciasonlosmascostosos, pueden usarya sea lapantalladecristalliquido(LCD,porsus siglasuninglss)olatecnologiadelapanlailadeplasm". EltamaAodela pantall<lsemideenforma diagonal, mientras mas grande es la pan!alla, generalmente el TV es mas G<3m, Para determinarel equipoylasfunGionesquesonmejoresparausted,aprendasCloretosDTVconsullandonueslros',tio WebydiscutasusopcionesGOnsuminorislf1. Para mas Informacion Para mas informacion sobre la transicion de la DTV, vaya a wwwdtvqovquetamb;im Ie permite un enlace con otms sitios Web informativos 0 conlacte ei Centro del Consumidor de la FCC porcornJoelectrollico <l dtvinfo(a)fcc,qov;lIamandoall- 8B8.CALL-FCC (1-888.225.5322) VOL 0 1.888-TELL.FCC (1- 888-835-5322)ITY; porfilxal 1-866-418-0232; o escribiendo a: Federal Communications Commission Consumer amI Governmental Affairs Bureau Consumer Inquiries and Complaints Division 44512thStreet,SW Washinglon, DC 20554. '" Paraes/auolrapubJicaci6nparaelconsumido(finforma/oaccesibfc (textoeleclronicoASCII,Braille,lelragrande,oaudio)escribilnosoIlamfjaladirecciOn0 teletonoindicildosabajo,oenvieun".m.ailaFCC504ta!fcc.Qov, Hag" dic ell www.fcc,uov/cub!col1tacts/pararecibirinformacionsobreeslr) y olms /emas deiaf'CCparaeICOl1sumidoralmvesdelserviciodesuscri/lci6nelectronicade la Comision. Esle documenlo I'enfj como <inicopmp6s.loeleducaralconsumidorynoaf "clara ninglinproce(/imienloocBsosobreesleasunlouo/rosrelacionados. 011OO/0a FCC F'deca'C""'""_,,"",eom....,o,.co"'""'..'n"'.mme,..,A1.."."".au ~~;~;j0 . "Sl2t!>St"SW. W"'"",,Ion.DCZ\I~ 1-8S8-CAll-OCCI'--"''''2>'.S32>) 'lV, '_"tU.;oCC('_~1&-5'"J F., t~l''''ll . """"",""Cll"