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HomeMy WebLinkAbout2009/01/13 Agenda Packet 6:00 P.M.,.,~ ,;~~„~; ~:;r~ur~y vi par}ury [net i am :;cloyed by the City of Chula Vista in the ff~ce of the City Clerk and that 1 posted this ~~~~~ t on the bulletin board according to ~` q it ments. _ -+-~++ '-~ Signe ) Cr7Y C~ LA VISTA /y Cheryl Cox, Mayor/Chair Rudy Ramirez, CounciVAgency Member I James D. Sandoval, City Manager/Executive Director John McCann, CounciVAgency Member Bart Miesfeld, City Attorney/Agency Counsel Pamela Bensoussan, CounciVAgency Member Donna Norris, City Clerk Steve Castaneda, CounciVAgenq Member REGULAR MEETING OF THE CITY COUNCIL AND SPECIAL MEETING OF THE REDEVELOPMENT AGENCY January 13, 2009 Council Chambers 6:00 P.M. City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers/Agency Members: Bensoussan, Castaneda, McCann, Ramirez, and Mayor/Chair Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY INTRODUCTION BY RECREATION DIRECTOR BUCK MARTIN, OF EMPLOYEES OF THE MONTH, ELIZABETH KOLATA, AQUATIC SUPERVISOR II, AND KARINA CRAIG, AQUATIC SUPERVISOR I OATHS OF OFFICE Betsy (Grace) Cory and Sassan Rahimzadeh to the Resource Conservation Commission. CONSENT CALENDAR -City Council and Redevelopment Agency (Items 1-3) City Council and (Item 4) Joint City Council and Redevelopment Agency The Council/Agency will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember/Agency Member, 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 ftll 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. Page 1 - Jt. CC/RDA Agenda htto://www.chulavistaca.~ov_ January 13, 2009 1. APPROVAL OF MINUTES of October 7, 2008. Staff recommendation: Council approve the minutes. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A TOTAL OF $9,58630 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE OAKWOOD DEVELOPMENT, INC. (4/STHS VOTE REQUIRED) Oakwood Development, Inc. has paid fees to satisfy certain permit fees for its Village 2 R-14 Tavera Models (Permit Number BR07-0100). Oakwood Development, Inc. is now requesting a refund of the fees. (City Engineer/Public Works Director) Staff recommendation: Council adopt the resolution. 3. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.24.060 (FIRST READING) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.28.015 (FIRST READING) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CHULA VISTA PHOTOVOLTAIC PRE-WIRING INSTALLATION REQUIREMENTS D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CHULA VISTA SOLAR HOT WATER HEATING PRE- PLUMBING INSTALLATION REQUIREMENTS On July ]0, 2008, Council approved Resolution No. 2008-177, which adopted the implementation plans for the Climate Change Working Group (CCWG) measures and approved partial implementation of the measures based on funding levels. The proposed ordinances amend the Electrical Code and the Plumbing Code to require new residential units to be pre-wired for future photovoltaic systems and pre-plumbed for future solar water heaters, respectively. Adoption of the ordinances is a partial implementation of CCWG Measure No. 5, Solar and Energy Efficiency Conversion. (Deputy City Manager/Development Services Director) Staff recommendation: Council hold first reading of the ordinances, and adopt the resolutions. Page 2 - Jt. CC/RDA Agenda htto:!/www.chulavistaca.eov January 13, 2009 Jt. Council and Redevelopment Agency 4. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $1,400,000 FROM THE 2008 REDEVELOPMENT AGENCY TAX ALLOCATION REFUNDING BONDS FOR REPAYMENT TO THE CITY OF CHULA VISTA OF THE AGENCY LOAN; APPROPRIATING $1,400,000 FROM THE CITY OF CHULA VISTA GENERAL FUND TO A NEW CAPITAL IMPROVEMENT PROJECT FOR THE PURCHASE OF VACANT PROPERTY LOCATED AT 275 ORANGE AVENUE AND ITS DEVELOPMENT AS A PUBLIC PARK; AND APPROVING THE REAL PROPERTY ACQUISITION AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK ENTERPRISES, L.P. AND ACCEPTANCE OF THE GRANT DEED FOR SAID PROPERTY (4/STHS VOTE REQUIRED) The City of Chula Vista currently has an opportunity to purchase 1.82 acres of vacant property currently used as open space storage for Palms Mobile Estates at 275 Orange Avenue for the purpose of developing an urban park within the Southwest community. Staff is recommending that the City purchase the vacant property for its development as a park and execute the Real Property Acquisition Agreement for the subject property. Acquisition costs are to be financed through those available funds resulting from payment by the Agency on its City loan. (Deputy City Manager/Development Services Director) Staff recommendation: Council/Agency adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Agency on any subject matter within the Council/Agency's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council/Agency from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency 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 reguired 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. 5. CONSIDERATION OF AMENDING REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1 AND 2001-2 AND DIRECTING ACTIONS WITH RESPECT THERETO Page 3 - Jt. CC/RDA Agenda httnJ/www.chulavistaca.gou January 13, 2009 The City has formed assessment districts to provide funding for infrastructure under the Municipal Improvement Act of 1913. The Act requires that when a parcel of land that has unpaid assessments. splits, the original assessment must be segregated and apportioned with the parcels being reconfigured and/or subdivided in order to redistribute the assessment lien to the newly created parcels. The apportionment process records the lien on the newly created parcels and assigns specific benefit to each parcel. If the property owner does not file an application, the City is required to complete the apportionment through the Public Hearing process. At this time, there are a number of outstanding apportionments which require that the assessment liens be apportioned to the newly created parcels. This hearing was continued from the meeting of January 6, 2009. (City Engineer/Public Works Director) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2000-1 AND DIRECTING ACTIONS WITH RESPECT THERETO B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT N0.2001-2 AND DIRECTING ACTIONS WITH RESPECT THERETO ACTION ITEMS The item(s) listed in this section of the agenda will be considered individually by the Council/Agency and are expected to elicit discussion and deliberation. If you wish to speak on arty item, please fz11 out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 6. CONSIDERATION OF AUTHORIZATION FOR THE CITY MANAGER TO IMPLEMENT THE BUDGET REDUCTION PLAN (Continued from January 6, 2009) Current revenue and expenditure projections indicate General Fund Budgetary shortfalls of $3.9 million and $20.0 million for fiscal years 2008-2009 and 2009-2010, respectively. In early December, the Interim City Manager submitted a budget reduction plan for Council's consideration. This plan was the subject of the December 4, 2008 Council Budget workshop and the December 9 and December 16, 2008 and January 6, 2009 Council Meetings. The budget reduction plan has been updated by the City Manager to reflect additional cost saving measures, including department reorganizations. Adoption of resolutions will authorize the City Manager to begin implementation of the budget reduction plan. The budget reduction plan identifies sufficient expenditure reductions to correct the structural imbalance in the General Fund. (City Manager) Staff recommendation: Council adopt the following resolutions: Page 4 - Jt. CC/RDA Agenda htto://www.chulavistaca.g_oy January 1 S, 2009 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE BUDGET REDUCTION PLAN, EXCLUDING THE PROPOSED CLOSURE OF PARKWAY POOL AND GYMNASIUM B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE BUDGET REDUCTION PROPOSALS FOR THE CLOSURE OF PARKWAY POOL AND GYMNASIUM OTHER BUSINESS 7. CITY MANAGER/EXECUTIVEDIRECTOR'5 REPORTS 8. MAYOR/CHAIR' S REPORTS Consideration of the Mayor and Council Deparhnent s budget. 9. COUNCIL/AGENCY MEMBERS' COMMENTS Deputy Mayor McCann -Request for Counci] support of High Speed Rail Project through South County. 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 itt accordance with the Ralph M Brown Act (Government Code 54957.7). 10. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 • Agency designated representatives: Jim Sandoval, Scott Tulloch, Mazcia Raskin, Bart Miesfeld, Rod Betts, Mazia Kachadoorian, Leah Browder • Employee organizations: CVEA, IAFF, POA, WCE, Mid-Management, Professional and Unrepresented Groups ADJOURNMENT to the Regulaz Meeting of the City Council on Januazy 20, 2009 at 6:00 p.m. in the Council Chambers. Page 5 - Jt CC/RDA Agenda htto:/lwww.chulavistaca.~ January 13, 2009 Materials provided to the City Council/Redevelopment Agency related to any open-session item on this agenda are available for public review at the City Clerk's Off ce, located in City Hall at 276 Fourth Avenue, Building 100, during normal business hours. In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, 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 6 - Jt. CC/RDA Agenda httu:i/www.chulavistaca.gov January 13, ?009 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 7, 2008 4:00 P.M. A Regular meeting of the City Council of the City of Chula Vista was called to order at 4:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Castaneda; Ramirez, Rindone, and Mayor Cox ABSENT: McCann (excused) ALSO PRESENT: Interim City Manager Tulloch, Interim City Attorney Miesfeld, City Clerk Norris, and Deputy City Clerk Bennett PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY PRESENTATION BY CHULA VTSTA WAL-MART STORE MANAGER LUIS JACOBO AND CO-MANAGER TODD RALEY OF $4,000 TO THE CITY OF CHULA VISTA Wal-Mart Manager Luis Jacobo and Co-Manager Todd Raley presented four $1,000 checks, one for the City and one each for the Police, Fire, and Recreation Departments. INTRODUCTION BY BRgD REMP, ACTING DIRECTOR OF PLANNING AND BUILDING, OF EMPLOYEE OF THE MONTH, CARLOS FERNANDEZ, SENIOR PLANNING TECHNICIAN Interim Planning and Building Director Remp introduced Employee of the Month, Carlos Fernandez. Mayor Cox then read the proclamation and Deputy Mayor Rindone presented it to Carlos. OATHS OF OFFICE Charlene Tressler to the Child Care Commission Keith Blum to the Veterans Advisory Commission David Garza to the Youth Action Council City Clerk Norris administered the oaths of office to commissioners Tressler, Blum, and Gazza, and Councilmember Ramirez presented them with certificates of appointment. PRESENTATION BY MAYOR COX OP A PROCLAMATION TO EMMA MCCLEES, SENIOR RISK MANAGEMENT SPECIALIST, DECLARING THE WEEK OF OCTOBER 6-10, 2008 AS DRIVE SAFELY TO WORK WEEK IN THE CITY OF CHULA VISTA Mayor Cox read the proclanation and Deputy Mayor Rindone presented it to Emma. Pase 1 -Council Minutes October 7, 2008 ~-~ DRAFT SPECIAL ORDERS OF THE DAY (Continued) PRESENTATION BY MAYOR COX OF A PROCLAMATION TO INTERIM FIRE CHIEF JIM GEERING AND FIRE MARSHAL JUSTIN GIPSON PROCLAIMING THE WEEK OF OCTOBER 5-1 I, 2008 AS FIRE PREVENTION WEEK Fire Mazshal Gipson presented an overview of fire prevention and provided safety measures. Mayor Cox then read the proclamation and Councilmember Castaneda presented it to Interim Fire Chief Geering and Fire Marshal Gipson. UPDATE ON PROPOSITION "O" PROJECTS BY DR. GANDARA, SWEETWATER UNION HIGH SCHOOL DISTRICT SUPERINTENDENT Dr. Gandaza introduced Pearl Quinones, Sweetwater Union High School District Boazd President, and Jaime Ortiz, representing Gilbane/SGI Construction Management. Mr: Ortiz gave a presentation on the three Proposition "O" projects in the City that included a new Science classroom and cafeteria at Chula Vista Middle School, atwo-story classroom building and industrial arts building at Hilltop High School, and a new library and multi-purpose auditorium at Chula Vista High School Mr. Ortiz stated that all three projects were scheduled to commence in the first quarter of 2009. He stared that more information about the projects could be found at www.buildingpropo.com or 888-680-PROPO. Dr. Gandara added that the District was aggressively seeking additional grant funding for the projects. CONSENT CALENDAR (Items 1 through 4) Item 4 was removed from the agenda at the request of staff. APPROVAL OF MINUTES of July 23 and July 29, 2008. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMLNICATIONS A. Letter of resignation from Stan Canaris, member of the Growth Management Oversight Commission. B. Letter of resignation from Mikki Zbikowski, member of the Commission on Aging. Staff recommendation: Council accept the resignations and direct the City Clerk to post the vacancies in accordance with Maddy Act requirements. 3. RESOLUTION NO. 2008-233, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 OTAY RANCH VILLAGE 2 NEIGHBORHOOD PARK BUDGET, AND APPROPRIATING $1,193,670 FROM THE AVAILABLE PARK ACQUISITION AND DEVELOPMENT FUND BALANCE TO REIMBURSE OTAY PROJECT, L.P. (4/STHS VOTE REQUIRED) Page 2 -Council Minutes October 7, 2008 1-2 DRAFT CONSENT CALENDAR (Continued) Otay Project L.P. deposited Pazk Acquisition and Development fees in the amount of $1,196,670 to satisfy Tentative Map Condition No. 95 for Village 2 North Unit 1. At the request of Otay Project, L.P., the final map was not presented fox City Council approval, and they are now requesting a refund of the fees. (City Engineer/Engineering Director) Staff recommendation Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT DEED GRANTING AN EASEMENT OVER A PORTION OF CITY OWNED LAND TO THE UNITED STATES GEOLOGICAL SURVEY FOR THE INSTALLATION, OPERATION, AND MAL'VTENANCE OF A MULTI-DEPTH GROUND WATER MONITORING WELL No comprehensive study of groundwater resources currently exists for the coastal San Diego area, including Chula Vista. The present United States Geological Survey (USGS) project proposes to complete such a study using the installation ofmulti-depth monitoring wells at select specific locations in four coastal river basins; San Dieguito, San Diego River, Sweetwater River, and the Otay River. Adoption of the resolution approves the request of the USGS that the City grant an easement to allow the installation of one of these monitoring wells adjacent to the Otay River. (City Engineer/Engineering Director) Item 4 was pulled from the agenda at-the request of staff. ACTION: Deputy Mayor Rindone moved to approve staff s recommendations and offered the balance of the Consent Calendar, Items 1-3, headings read, text waived. Councilmember Castaneda seconded the motion and it carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Larry Brietfelder, Chula Vista resident, spoke with respect to recruitment for a City Manager, stating that he would support hiring from within, the need for stability in the organization, and long-term leadership. He stated that it would not.be in the best interests of the community to delay the recruitment until after the November elections. Theresa Acerro, Chula Vista resident, spoke in favor of an elected City Attorney for the City. She then addressed her concerns about the proposed location of the MMC Peaker Power Plant, and asked the Council to consider the potential negative impacts to residents of Southwestern Chula Vista if the plant were placed in a light industrial zone. Peter Watry, Chula Vista resident, spoke in support of hiring a City Manager from within the organization. Page 3 -Council Minutes October 7, 2008 1-3 DRAFT ACTION ITEMS 5. A. RESOLUTION NO. 2008-234, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DESIGN/BUILD AGREEMENT WITH ERICKSON-HALL CONSTRUCTION CO. FOR THE DESIGN AND CONSTRUCTION OF MT. SAN MIGUEL COMMUNITY PARK TO REVISE THE GUARANTEED MAXIMUM PRICE B. RESOLUTION NO. 2008-235, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 CIP PROGRAM AND APPROPRIATING $7,769,399 FROM THE AVAILABLE PARK ACQUISITION AND DEVELOPMENT (PAD) FUND BALANCE TO EXISTING CAPITAL IMPROVEMENT PROJECT, MOUNT SAN MIGUEL COMMUNITY PARK (CIP PR260) TO COMPLETE THE PROJECT (4/STHS VOTE REQUIRED) The City Council previously approved CIP Project No. PR260, and the Master Plan for Mount San Miguel Community Park, which conceptually designed and provided for the construction of a completed and fully functional 19-acre park. On September 19, 2006, Council approved a Design Build Agreement with Erickson-Hall Construction Co. for this park which contained anot-to-exceed price of $5,841,067 with the Guaranteed Maximum Price (GMP) to be set upon receipt of 90% construction drawings. The project is nearing the end of the design phase and ready to start the construction phase. Adoption of the first resolution approves the first amendment that will set the GMP at $8,688,462, and amends the Fiscal Year 2008/2009 CIP Program. The second resolution approves an appropriation of $7,769,399 to the existing CIP PR260. (City Engineer/Engineering Director) Engineering Director Hopkins provided an overview of the Mount San Miguel Community Park project, and explained the increased costs for completion of the project. He stated that the risk to using the Park Acquisition and Development (PAD) fees could potentially affect the development of All Seasons Park, due to the uncertainty of receipt of PAD fees for the Windstar project, He stated that the skate element, basketball court and tennis court were removed from the proposed Mount San Miguel Park master plan in order to keep in line with the park budget. Councilmember Castaneda suggested partnering with other agencies to provide amenities for the park. Councilmember Castaneda asked, and staff responded that safeguards regarding price adjustments for the project were built in to the contract. Councilmember Castaneda asked staff to provide an update on any potential savings that could be allocated back in to the project as it moved forward. Further discussion ensued between the Council and staff regarding the Guaranteed Maximum Price, and adding park elements back in the future, as funds became available. Page 4 -Council Minutes October 7, 2008 1-4 DRAFT ACTION ITEMS (Continued) Mayor Cox asked staff to ensure that any signs posted regarding the development of All Seasons Park reflect the most accurate information to current residents and those in charge of home sales. City Engineer Hopkins responded that staff would work with the Homeowners Association and keep them informed of any pazk updates, and would not post any signs until funding for the park was confirmed. ACTION: Deputy Mayor Rindone moved to adopt Resolution Nos. 2008-234 and 2008-235, headings read, texts waived. Councilmember Castaneda seconded the motion and it carried 4-0. 6. REPORT REGARDING REQUEST THAT THE CITY SEEK REIMBURSEMENT FROM THE SAN DIEGO COUNTY DISTRICT ATTORNEY FOR LEGAL FEES INCURRED IN RESPONSE TO GRAND JURY INVESTIGATIONS This item has been prepared in response to a referral by Councilmembers Ramirez and Castaneda regarding reimbursement by the San Diego District Attorney's Office of legal fees incurred by the City related to prosecution activities by the District Attorney's Public Integrity Unit. (Interim City Attorney) Staff recommendation: That the Council take action as it deems appropriate. Mayor Cox questioned how the report could be addressed in a public forum, when the information presented was under attorney/client privilege. Interim City Attorney Miesfeld responded that the Attorney's office had provided an attorney/client privileged memorandum to all Councilmembers in response to the referral by Councilmembers Ramirez and Castaneda. He noted that the amount of legal fees paid were included in the memorandum and could be discussed in public, but the legal analysis would remain privileged unless that privilege was waived by a vote of the Council, which he stated he would not recommend. He suggested that 1) the amount of the fees be disclosed as requested by the Councilmembers, 2) Council decide whether or not to convene in Closed Session to discuss the legal analysis provided in the memorandum, and 3) reconvene in open session to discuss the procedure required to bring the matter to the Grand Jury. Deputy City Attorney Maland reported that the legal fees incurred by the City for Grand Jury investigations totaled $609,576.24 and were for 1) the Chula Vista Redevelopment Corporation and the Chula Vista Redevelopment Agency, $350,975; 2) Jason Moore, $14,587; and 3) Sunbow Villas Investigation, $244,012. Mayor Cox expressed concern that the data presented was not made available to the public for its review prior to the meeting. ACTION: Mayor Cox moved to make the fees presented by Deputy City Attorney Maland part of the public record and place the matter on the next City Council agenda. Councilmember Ramirez seconded the motion. Page 5 -Council Minutes October 7, 2008 1-5 DRAFT ACTION ITEMS (Continued) Discussion ensued between the Councilmembers and City Attorney Miesfeld regarding the release of the attorney/client privileged memorandum. ACTION: Councilmember Ramirez moved to release the Attorney's memorandum, and to direct the City Clerk to make copies for immediate release to the public. Councilmember Castaneda seconded the motion. Further discussion ensued among the Council about the release of the memorandum to the public. Councilmember Castaneda called for the question. Mayor Cox stated that it was inappropriate for the Council to take action prior to allowing the public to speak to the item. Interim City Attorney Miesfeld advised that the public had a right to speak to the issue of waiving the attorney/client privilege, after that a vote could be taken on that issue. Once the Council voted to waive the attorney/client privilege, the memorandum could be distributed and then summarized by Deputy City Attorney Maland. The public would then have a right to discuss the next motion. ACTION: Councilmember Ramirez amended his motion to follow the procedure that Interim City Attorney Miesfeld outlined, and make the information public and available. Larry Breitfelder, Chula Vista resident, representing the Chula Vista Taxpayers Association, stated that the staff report on the matter did not fully recognize the hidden costs of the process in terms of staff time and associated stress that detracted from the work of the organization. He stated that the Association believed that taxpayers should be reimbursed from the County for all expenses both direct and indirect, and that the Council had the moral to request reimbursement for full expenses from the County. Scott Vinson, Chula Vista resident, stated that release of the memorandum to the public at the meeting would not be representative of the City as a whole. He stated that the legal fees should be paid by Councilmember Castaneda. He asked the Council to open the memorandum for full review by the public. John Moot, Chula Vista resident, stated that the Council was making a mistake by disregazding the advice of the Interim City Attorney regarding the waiving of the attorney/client privilege. Regarding procedural issues, he stated that since the matter regarding waiving the attorney/client privilege was not noticed in accordance with the Brown Act, the matter could not be discussed or voted on. He suggested that the matter be placed on the agenda for the next Council meeting. Mayor Cox withdrew her motion. Interim City Attorney Miesfeld suggested redaction of the legal opinions and legal conclusions contained in the memorandum, and to leave in tact the factual matters, which would remove the attorney/client privilege. Paee 6 -Council Minutes October 7, 2008 1-6 DRAFT ACTION ITEMS (Continued) Interim City Attorney Miesfeld clazified the motions on the floor. City Clerk Norris further clarified the current motion on the floor by Councilmembers Ramirez/Castaneda, to take public comments, discuss waiving of the attorney/client privilege, release of the document, and to take public comments on the agendized item. Mayor Cox asked Councilmember Ramirez if he wished to substitute his motion for the suggestion by Interim City Attorney Miesfeld, or to maintain the motion as reported by the City Clerk. Councilmember Ramirez responded that he was not interested in providing a redacted version of the memorandum to the public, but rather, that the document be provided in its entirety for release to the public. ACTION: Councilmember Ramirez moved to release the entire memorandum to the public, and to waive the attorney/client privilege. Councilmember Castaneda seconded the motion. The motion failed 2-2, with Mayor Cox and Deputy Mayor Rindone opposed. Further discussion ensued among the Council. Mayor Cox suggested that the Council follow the advice of the Interim City Attorney, provide a redaction to the component of the memorandum that referred to the Interim City Attorney's legal opinion, and that the remainder of the information, including the table of costs, be part of the public comment. ACTION: Deputy Mayor Rindone moved to release a redacted version of the memorandum provided by Interim City Attorney Miesfeld. Councilmember Castaneda seconded the motion and it carried 4-0. Discussion ensued among the Council about whether or not to formally request reimbursement of legal fees from the District Attorney's Office. Larry Breitfelder, Chula Vista resident, asked the Council to look to the financial interests of the public. John Moot, Chula Vista resident, stated that without reading the memorandum, he could not address the issues, and that the democratic process had been subverted. He stated that the District Attorney's Office had immunity from any action to reclaim the fees, citing section 821.6. ACTION: Councilmember Ramirez moved to asked staff to write a letter to the District Attorney, requesting reimbursement to the City for legal fees incurred in response to Grand Jury investigations. Councilmember Castaneda seconded the motion. ACTION: Councilmember Ramirez amended the motion to include that the Council take a stand to end further discussion on the matter. Councilmember Castaneda seconded the motion. The motion failed 2-2 with Mayor Cox and Deputy Mayor Rindone voting no. Page 7 -Council Minutes October 7, 2008 ~-~ DRAFT ACTION ITEMS (Continued) ACTION: Mayor Cox moved to bring the City Attorney's memorandum in its redacted form back to the Council as a point of information on a public agenda. Deputy Mayor Rindone seconded the motion and it carved 3-1, with Councilmember Ramirez voting no. 7. DISCUSSION REGARDING DOCUMENTS RELEASED PURSUANT TO CITY COUNCIL RESOLUTION NO. 2008-232 AT THE CITY COUNCIL MEETING OF SEPTEMBER 23, 2008 (Interim City Manager) Mayor Cox explained that Item 7 was placed on the agenda to provide an opportunity for public comment on the matter, which was not previously provided. John Moot, Chula Vista resident, spoke about the Grand Jury evidence regarding Councilmember Castaneda's trial, and the matter regazding payment of Councilmember Castaneda's legal fees. OTHER BUSINESS 8. CITY MANAGER'S REPORTS Interim City Manager Tulloch asked the Council about the start time for the Council Meeting of October 14, 2008. Mayor Cox responded that the matter would be discussed in Closed Session. Interim City Manager Tulloch informed the Council that staff, together with the Wildland Urban Interface, had identified approximately 460 acres of brush in the City that required clearance, in order to better protect the City against future fires, at an estimated initial cost of approximately 1.2 million dollars. He stated that Congressman Filner's Office had been successful in obtaining $400,000 towards the cost, subject to signature by the President. 9. MAYOR'S REPORTS Mayor Cox reported that Senator Duchany had submitted a bill to the Governor that would allow for construction and operation of SR-11 and a new Federal Otay Mesa East port of entry, which was a major step forward in the goal to connect SR-125 to SR-11, and ultimately to a third border crossing.. She requested that staff place a proposed resolution in support of the program called "Rails to Trails", the Coastal Conservancy's 2010 campaign for active transportation, on the agenda for the Council Meeting of October 14, 2008. She stated that a portion of the grant, if funded, would go towards the City's efforts for active transportation. She also requested staff to place on the October 21, 2008 Council agenda, a brief presentation by the proponents and opponents of the Sunrise Powerlink project. Councilmember Castaneda stated that a potential conflict of interest may preclude his participation in the Sumise Powerlink project presentation, but that he was supportive of Mayor Cox's request for a presentation. Mayor Cox spoke about the success of the recent Beautify Chula Vista event that drew over 600 community volunteers. Page 8 -Council Minutes October 7, 2008 ~-8 DRAFT OTHER BUSINESS (Continued) 10. COUNCIL COMMENTS Councilmember Ramirez spoke about his recent Public Office Hours meeting regarding redevelopment, and he thanked all those who participated in the discussions. He requested consideration by the Mayor, of a resolution to recognize Peter Watry and Frank Roseman for their many contributions and civic commitments to the City. Councilmember Castaneda announced the current vacancy on the City's Board of Ethics, and that applications were being accepted in the City Clerk's Office until October 10, 2008 by 5:00 p.m. He stated that the County of San Diego was in receipt of relief funding for homeowners facing foreclosure and related financial difficulties, and he requested that staff place on an agenda for discussion and direction by the Council, how the portion of funding allocated to the City would be distributed. Deputy Mayor Rindone spoke about the success of the recent Beautify Chula Vista event, and thanked City staff, community volunteers, and KFMB TV Channel 8 for their sponsorship of the event. Mayor Cox spoke on behalf of Councilmember McCann and reminded everyone about the Christmas in October event on October 11, 2008, and to contact the Council office at 691-5044 for further information. Mayor Cox recessed the meeting to convene in Closed Session at 7:47 p.m. CLOSED SESSION 11. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: Fire Chief No reportable action was taken on this item. 12. PUBLIC EMPLOYEE PERFORMANCE GOVERNMENT CODE SECTION 54957 EVALUATION PURSUANT TO Title: City Manager The item was pulled from the agenda. 13. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 Title: City Manager The item was pulled from the agenda. Pale 9 -Council Minutes October 7, 2008 1-9 DRAFT CLOSED SESSION (Continued) 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Loretz v. City of Chula Vista (Brentwood Mobile home Park I), Court of Appeal, 4th District, Case No. D051623 (Appeal from SDSC Case No. GIS-28491) No reportable action was taken on this item. B. City of Chula Vista v. Loretz, et al (Brentwood Mobilehome Park II), San Diego Superior Court Case No. 37-2007-0079308-CU-OR-SC No reportable action was taken on this item. 15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) One Case This item was pulled from the agenda. ADJOURNMENT At 8:45 p.m., Mayor Cox adjourned the meeting to the Regular Meeting of October 14, 2008 at 6:00 p.m. in the Council Chambers. -. Lorraine Bennett, CMC, Deputy City Clerk Page 10 -Council Minutes October 7, 2008 1-10 CITY COUNCIL AGENDA STATEMENT ---- CHULAVISTA 1/13/09, Item ITEM TITLE SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A TOTAL OF $9,586.30 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE OAKWOOD DEVELOPMENT, INC. ,~( DIItECTOR OF PUBLIC WORKS (~p, CITY MANAGER 7/ ASSISTANT CITY i ANAGER ~ 4/STHS VOTE: YES ® NO ^ SUMMARY Oakwood Development, Inc. has paid fees to satisfy certain permit fees for its Village 2 R-14 Tavera Models (Permit Number BR07-0100). Oakwood Development, Inc. is now requesting a refund of said fees. 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 deftned 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. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION In Fiscal Year 2007/2008, Oakwood Development, Inc. paid permit fees on their Village 2 R-14 Tavera Models. Permit fees are paid prior to issuance of the final building permit and prior to the construction of the project. 2-1 1/13//09 Item 2 Page 2 of 2 On November 24, 2008 staff received, from Oakwood Development, Inc., a written request (Attachment 1) for a refund of permit fees for the aforementioned project. Construction on the project has not begun, and Oakwood Development, Inc. is anticipating that production will not begin until Fall 2009. Until then it has been requested that the City refund the following permit fees: NPDES Fee ($196.00) Traffic Signal Fee ($664.80) Sewer Capacity Fee ($7,825.50) Otay Ranch Res ($7827) DIF Poggi Cyn (5900.00) Oakwood Development, Inc. understands and is aware that they must pay all current applicable permit fees (including applicable fee increases) at the time the permits are reapplied for its Village 2 R-14 Tavera Models. This resolution will amend the proper Fiscal Year 2008/2009 fund budgets and appropriate a total of 59,586.30 from the available fund balances to process the refund to Oakwood Development, Inc. for certain permit fees associated with their Village 2 R-14 Tavera Models. The Otay Ranch Res Fee of 578.27 does not require a budget appropriation, as said funds are within a refundable deposit account. The appropriations that are needed are to the following fund balances: 30120 NPDES Fee $196.00 22500 Traffic Si al Fee $664.80 41300 Sewer Ca aci Fee $7,825.50 43200 DIF Po i Canyon $900.00 Total $9,586.30 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 refund of these permit fees will have no impact to the General Fund as this is a reimbursement and sufficient monies are available in the associated fund balances. ATTACHMENTS 1. Letter requesting refund from Oakwood Development, Inc. Prepared by.' Tessa Qaicho, Admanish~ntive Analyst !1, Engineering Department M:IEngineerlAGENDAICAS2 0 0 910 /-1 3-0910nkwaoARefimd Approprinfim~s kequest ~2-doc 2-2 O November 24, 2008 Ms. Tessa Quicho Mr. Lou El Khazen City of Chula Vista 276 Fourth Ave Chula Vista Ca 91910 Y 4 S:. #"~ ~ ~,r• A ~~ ~ ~_,• 1 ~ ~~a ~ ~,~~ O #~,~r ".~` ate` ~-~ .. ~~..,~ s& ,. 4~n H~+#-~ •» Re: R-14 permit fee refunds and reimbursements Tessa and Lou, f'1: ~..; reti.~ ~"'~ACIV 1 / On behalf of Oakwood Development, I would like to request a refund of permit fees paid for Village 2 R-14 Tavera Models, permit number BR07-0100. The line items I am requesting a refund on aze 1700, 3000, 3100, 5120, 5140, and 6000. In addition please return the CD in the amount of $23,415.00, held in lieu of PFDIF and Pedestrian Bridge credits, to Otay Project, LP at 610 W Ash Street, Suite 1500, San Diego Ca 92101. I would also like to request that line item 4000 be credited back to the TDIF trust account established for this project so the credits aze available in the future. Thank you for your consideration in this matter. Sincerely ~~ OAKWOOD DEVELOP Doug Brook Vice President 2445 FENTON STREETTC~U LA V1$TA, CA 91914 (619) 397-0417 FAX (619) 397-0418 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A TOTAL OF $9,586.30 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE OAKWOOD DEVELOPMENT, INC. WHEREAS, in Fiscal Year 2007/2008, Oakwood Development, Inc. paid $9,664.57 to the City for permit fees in association with their Village 2 R-14 Tavera Models project; and WHEREAS, the final building permits were not pulled by Oakwood Development, Inc. due to financial reasons; and, WHEREAS, on November 24, 2008 Oakwood Development, Inc. requested a refund of the permit fees paid in the amount of $9,664.57; and, WHEREAS, staff has determined those permit fees eligible for refund were limited to the following: • NPDES Fee ($196.00) Traffic Signa] Fee ($664.80) Sewer Capacity Fee ($7,825.50) • Otay Ranch Res ($78.27) Poggi Cyn DIF ($900.00) WHEREAS, the Otay Ranch Res Fee of $78.27 does not require a budget appropriation, as said funds are within a refundable deposit account; and, WHEREAS, in order to reimburse Oakwood Development, Inc., appropriations to the following funds are required: ~ 30120 i 1• ~ ~ NPDES Fee ~ $196.00 22500 Traffic Si nal Fee $664.80 41300 Sewer Ca aci Fee $7,825.50 43200 DIF Po i Can on $900.00 Total $9,586.30 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2008/2009 Budget and appropriate $9,586.30 from the available fund balance to reimburse Oakwood Development, Inc. Presented by Richard A. Hopkins City Engineer/Public Works Director Approved as to form by -~,~ ~~ ,._.~af' d J ~City'~ tomey H:\ENGINEERUtESOS\Resos2009VJ1-13-0)\Reso Oakwood Refund Appropriation fteques\~L&>4 ~~rl~D //2/r/ ~ CITY COUNCIL AGENDA STATEMENT ~, _ r ~~ ~~~,~ ,,~ ~~ CITY OF CHULAVISTA Item No.: Meeting Date: 1/13/09 ITEM TITLE: A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.24.0685 B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.28.015 C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CHULA VISTA PHOTOVOLTAIC PRE-WIIZING INSTALLATION REQUIREMENTS D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CHULA VISTA SOLAR HOT WATER HEATING PRE-PLUMBING INSTALLATION REQUIREMENTS SUBMITTED BY: Deputy City M ager/Development Services Director REVIEWED BY: City Manager 4/STHS VOTE: YES ~ NO SUMMARY On July 10, 2008, Council approved Resolution No. 2008-177 in which Council adopted the implementation plans for the Climate Change Working Group (CCWG) measures and approved partial implementation of the measures based on funding levels. The proposed ordinances amend the Electrical Code and the Plumbing Code to require new residential units to be pre-wired for future photovoltaic systems and pre-plumbed for future solar water heaters, respectively. The adoption of the ordinances is a partial implementation of CCWG Measure No. 5, Solar and Energy Efficiency Conversion. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a ~~ ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.24.0659 The City Council of the City of Chula Vista does ordain as follows: SECTION I. That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.24 ELECTRICAL CODE AND REGULATIONS* Sections: 15.24.010 Califomia Electrical Code, 2007 Edition, adopted by reference. 15.24.035 Previously used materials. 15.24.045 Distribution panels -Separate required when. 15.24.050 Circuit cards to be posted when. 15.24.055 Electric fences -Defined -Prohibited. 15.24.060 Phase arrangement -Amended. 15.24.065 Photovoltaic Pre-wiring Requirements. * For statutory provisions exempting electrical contractors from licensing under an electrical repairman's statute, see Bus. and Prof. Cade § 9804. For statutory provisions authorizing cities to regulate the materials used in wiring structures for electricity and in piping them for water, gas or electricity, and to regulate the manner of such piping, see Gov. Code § 38660. Prior legislation: Ords. 2045, 2158, 2292, 2459, 2506, 2639 and 2647. 15.24.010 California Electrical Code, 2007 Editiou, adopted by reference. There is hereby adopted by reference the California Electrical Code, 2007 Edition, known as the California Code of Regulations Title 24, Part 3, as copyrighted by the National Fire Protection Association and the California Building Standards Commission. Said document is hereby adopted as the electrical code of the City of Chula Vista, regulating the installation, repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature whatsoever, whether inside or outside of any building within the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 15.24.035 Previously used materials. Previously used materials shall not be reused in any work without approval by the Building Official. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). LWltomey\ORDINAVCESUddiug PV m EC_01-I 1-09 doc Underline/Strikeout ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.24.0658 The City Council of the City of Chula Vista does ordain as follows: SECTION I. That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.24 ELECTRICAL CODE AND REGULATIONS* Sections: 15.24.010 California Electrical Code, 2007 Edition, adopted by reference. 15.24.035 Previously used materials. 15.24.045 Distribution panels -Separate required when. 15.24.050 Circuit cards to be posted when. 15.24.055 Electric fences -Defined -Prohibited. 15.24.060 Phase arrangement -Amended. 15.24.065 Photovoltaic Pre-wiring Requirements. * For statutory provisions exempting electrical contractors from licensing under an electrical repairman's statute, see Bus. and Prof. Code § 9804. For statutory provisions authorizing cities to regulate the materials used in wiring structures for electricity and in piping them for water, gas or electricity, and to regulate the manner of such piping, see Gov. Code § 38660. Prior legislation: Ords. 2045, 2158, 2292, 2459, 2506, 2639 and 2647. 15.24.010 California Electrical Code, 2007 Edition, adopted by reference. There is hereby adopted by reference the California Electrical Code, 2007 Edition, known as the California Code of Regulations Title 24, Part 3, as copyrighted by the National Fire Protection Association and the California Building Standards Commission. Said document is hereby adopted as the electrical code of the City of Chula Vista, regulating the installation, repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature whatsoever, whether inside or outside of any building within the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 15.24.035 Previously used materials. Previously used materials shall not be reused in any work without approval by the Building Official. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 1 Uaamey\ORDINANCESWddiny PV m F.C Scdke_Underline_OI-13-09.doo ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.24.0659 The City Council of the City of Chula Vista does ordain as follows: SECTION L That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.24 ELECTRICAL CODE AND REGULATIONS* Sections: 15.24.010 California Electrical Code, 2007 Edition, adopted by reference. 15.24.035 Previously used materials. 15.24.045 Distribution panels -Separate required when. 15.24.050 Circuit cards to be posted when. 15.24.055 Electric fences -Defined -Prohibited. 15.24.060 Phase arrangement -Amended. 15.24.065 Photovoltaic Pre-wiring Requirements. * For statutory provisions exempting electrical contractors from licensing under an electrical repairman's statute, see Bus. and Prof. Code § 9804. For statutory provisions authorizing cities to regulate the materials used in wiring structures for electricity and in piping them for water, gas or electriciTy, and to regulate the manner of such piping, see Gov. Code § 38660. Prior legislation: Ords. 2045, 2158, 2292, 2459, 2506, 2639 and 2647. 15.24.010 California Electrical Code, 2007 Edition, adopted by reference. There is hereby adopted by reference the California Electrical Code, 2007 Edition, known as the California Code of Regulations Title 24, Part 3, as copyrighted by the National Fire Protection Association and the California Building Standazds Commission. Said document is hereby adopted as the electrical code of the City of Chula Vista, regulating the installation, repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature whatsoever, whether inside or outside of any building within the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 15.24.035 Previously used materials. Previously used materials shall not be reused in any work without approval by the Building Official. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 1 ~Attomey\ORDNANCHS\Adding PV m EC_01-13-09 dac Underline/Strikeout ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.24.0650 The City Council of the City of Chula Vista does ordain as follows: SECTION I. That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.24 ELECTRICAL CODE AND REGULATIONS* Sections: 15.24.010 California Electrical Code, 2007 Edition, adopted by reference. 15.24.035 Previously used materials. 15.24.045 Distribution panels -Separate required when. 15.24.050 Circuit cards to be posted when. 15.24.055 Electric fences -Defined -Prohibited. 15.24.060 Phase arrangement -Amended. 15.24.065 Photovoltaic Pre-wirin>? Requirements. * For statutory provisions exempting electrical contractors from licensing under an electrical repairman's statute, see Bus. and Prof. Code § 9804. For statutory provisions authorizing cities to regulate the materials used in wiring structures for electricity and in piping them for water, gas or electricity, and to regulate [he manner of such piping, see Gov. Code § 38660. Prior legislation: Ords. 2045, 2158, 2292, 2459, 2506, 2639 and 2647. 15.24.010 California Electrical Code, 2007 Edition, adopted by reference. There is hereby adopted by reference the Califomia Electrical Code, 2007 Edition, known as the California Code of Regulations Title 24, Part 3, as copyrighted by the National Fire Protection Association and the California Building Standards Commission. Said document is hereby adopted as the electrical code of the City of Chula Vista, regulating the installation, repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature whatsoever, whether inside or outside of any building within the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 15.24.035 Previously used materials. Previously used materials shall not be reused in any work without approval by the Building Official. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). I:Unamey\ORDINAACESV.dding PV to EC Svike Underline_01-13-09.doc CITY COUNCIL AGENDA STATEMENT. ~~ CITY OF CHULAVISL4 Item No.: Meeting Date: 1/13/09 ITEM TITLE: A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION li.24.060 B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE BY ADDEVG SECTION 15.28.015 C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CHULA VISTA PHOTOVOLTAIC PRE-WIRING INSTALLATION REQUIREMENTS D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CHULA VISTA SOLAR HOT WATER HEATP_VG PRE-PLUMBNG INSTALLATION REQUIREMENTS SUBMITTED BY: Deputy City Manager/Development Services Director REVIEWED BY: City Manager 4/STHS VOTE: YES ~ NO ~X SUMMARY On July 1Q 2008, Council approved Resolution No. 2008-177 in which Council adopted the implementation plans for the Climate Change Working Group (CCWG) measures and approved partial implementation of the measures based on funding levels. The proposed ordinances amend the Electrical Code and the Plumbing Code to require new residential ututs to be pre-wired for future photovoltaic systems and pre-plumbed for future solar water heaters, respectively. The adoption of the ordinances is a partial implementation of CCWG Measure No. 5, Solar and Energy Efficiency Conversion. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality- Act (CEQA) and has determined that the project qualifies for a 3-1 r Item No.: 1Vleeting Date: 1/13/09 Page 2 of 3 Class 8 categorical exemption pursuant to Section 15315308 (Actions taken by a Regulatory Agency for Protection of the Environment) of the State CEQA Guidelines because it will require new residential units to be pre-wired for future photovoltaic systems and pre-plumbed for future solaz water heaters, respectively. Thus, no further environmental review is necessazy. RECOMMENDATION That Council place the ordinances on first reading and adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION The Board of Appeals and Advisors at their Monday, December 15, 2008 meeting unanimously recommended adoption of the proposed ordinances. DISCUSSION On July 10, 2008, Council approved Resolution No. 2008-177 in which Council adopted the implementation plans for the CCWG measures and approved phased implementation of the measures based on funding levels. One of the components of Measure No. 5, Solaz and Energy Efficiency Conversion, is to adopt a requirement for pre-wiring for future photovoltaic systems at time of new residential construction. The pre-wiring ordinance amends Municipal Code Chapter 15.24, Electrical Code and Regulations, to require new residential units to have electrical conduits pre-installed for future photovoltaic systems based on specific installation guidelines; Chula Vista Photovoltaic Pre-Wiring Installation Requirements (Attachment 1). The ordinance applies to multi-residential buildings where a solar array can feed the "House Meter" that supplies the common areas of the building. The estimated additional cost of this requirement during construction of a new residential unit is $350 and the conduits will be concealed within the attic and walls whereas the cost of installation on an existing unit is at least twice as much and most of the material would be surface mounted on the exterior of the residence. Since 1982, existing Municipal Code Section 20.04.030, Solar Water Heater Pre-plumbing, requires that new residential units to be pre-plumbed for futtire installation of solar hot water heater systems. This requirement constitutes a local amendment to the California Plumbing Code (CPC) because it requires the installation of plumbing material beyond the minimum CPC requirements. Therefore, staff is proposing amending the Plumbing Code by adding Section 15.28.015 to Municipal Code Chapter 15.28. In addition, Section 15.28.015 requires the installation to be based on specific guidelines; Chula Vista Solar Water Heater Pre-Plumbing Installation Requirements (Attachment 2). The ordinance also applies to multi-residential units where each unit extends vertically from the foundation to the roof or where multi-residential buildings have a central water heating system that serves all the units. The estimated additional cost of this requirement during construction of a new residential unit is $450, whereas the cost of installation on an existing unit is at least twice as much and most of the plumbing would be surface mounted on the exterior of the residence. The adoption of these ordinances is necessary due to local climatic conditions. As a result of high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning public safety and adverse economic impacts of power outages or power reductions. Facilitating the installation of 3-2 ~, Item No.• ' Meeting Date: 1/13/09 Page 3 of 3 photovoltaic and solar hot water heating systems will have local and regional benefits in the reduction of total and peak energy use and greenhouse gas emissions. The proposed ordinances and guidelines constitute modifications to the provisions of the California Building Standards Code. As explained above, these modifications aze reasonably necessary because of local climactic conditions. Accordingly, the City is expressly authorized to make these modifications, pursuant to California Health and Safety Code sections 17958.5 and 17958.7. If the Council adopts the ordinances and resolutions, staff will make the requisite filings with the California Building Standards Commission, in compliance with Section 17958.7, within thirty days of Council's action. The Department of Conservation & Environmental Services will also be returning to Council within the next month to add these ordinances to the Energy Conservation section (Ch. 20) of the Chula Vista Municipal Code. The Energy Conservation section has historically been used to incorporate the City Council's environmental policy intent of energy-related ordinances and complements the technical focus of the Building & Construction (Ch. 15) section. DECISION VL~KER CONFLICT Staff has detemuned that the recommendations requiring Council action aze 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 Building plan check and permit fees will need to be adjusted to include the additional staff time resulting from implementing these requirements. Attachments 1. Board of Appeals and Advisors December 15, 2008 Meeting Minutes. Prepared by: Lou EI-Khazen, Deputy Building Official, Planning and Building H:~BLD HSG~PV & SHWH Ordinances~Staff Report Pre-plum & Pre-wire.doc 3-3 D D ~ R~AC~~rE1u-r' 1 MINUTES OF A REGULAR MEETING BOARD OF APPEALS AND ADVISORS CITY OF CHULA VISTA, CALIFORNIA December 15, 2008 Conference Room #137 5:15 PM 276 Fourth Ave. Chula Vista, CA 91910 MEMBERS PRESENT: Chairman West, Members: Buddingh, Flach, Sides MEMBERS ABSENT: Buencamino-Andrews, Lopez CITY STAFF PRESENT: Brad Remp, Acting Director of Planning & Building/ Building Official; Lou EI- Khazen, Deputy Building Official; Andrew McGuire, Patricia Salvation, Secretary OTHERS PRESENT: None CALL MEETING TO ORDER: Chairman West called meeting to order at 5:15 PM. ROLL CALL: Members present constituted aquorum. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM: No action taken. 2. APPROVAL OF MINUTES: October 13, 2008 MSC (WesUBuddingh) (4-0-0-2) Approve the minutes of October 13, 2008. Motion carried with Members Buencamino-Andrews and Lopez absent. 3. NEW BUSINESS: A. ELECTION OF NEW CHAIR AND VICE CHAIR FOR FYE 08/09 MSC (West) (4-0-0-2) Elect Jan Buddingh to Chair. MSC (Buddingh) (4-0-0-2) Elect Ben West to Vice Chair. Review of ordinance amending City of Chula Vista Chapter 15.24 of the Chula Vista Municipal Code by adding Section 15.24.060 and Chapter 15.28 by adding Section 15.28.015 and recommend to City Council the adoption of both ordinances. Deputy Building Official, Lou EI-Khazen, gave a brief overview of the amendments being proposed for the City of Chula Vista Chapter 15.24 and Chapter 15.28 of the Chula Vista Municipal Code. He also introduced Building Inspector, Andrew McGuire as the expert who created the technical installation standards referenced in the ordinance. Member Flach asked Mr. McGuire to clarify how the solar water heating provisions would be applied to houses with tankless water heating systems. Mr. McGuire explained how the systems could be made compatible. MSC (WesUFlach) (4-0-0-2) Recommend adoption of Chapter 15.24 of the City of Chula Vista Municipal Code by adding Section 15.24.060 and changing technical guideline language to state on item #7: The location for EMT conduit stubbed up through the roof will be to the largest roof area that is southerly facing, or secondarily to the largest westerly facing roof area. Motion carried with Members Buencamino-Andrews and Lopez absent. MSC (WesUFlach) (4-0-0-2) Recommend adopt Municipal Code by adding Section 15.28.015 and item fry: Locations for both pipes and conduit will in of Chapter 15.28 of the City of Chula Vista changing technical guideline language to state on be to the largest roof area that is southerly facing, 3-4 Board of Appeals & Advisors D {~agDe~' Meeting Minutes ' 4. 5 6. 7 December 15, 2008 or secondarily to the largest westerly facing roof area. Motion carried with Members Buencamino- Andrews and Lopez absent. MEMBERS COMMENTS/CHAIRMAN'S COMMENTS/REPORTS: None BUILDING OFFICIAL'S COMMENTS/REPORTS: Assistant Director/Building Official, Brad Remp, reported that the Building Division would be experiencing additional budget cuts to include elimination of a part-time administrative support position, a building inspector position and the Assistant Director/Building Official positions. COMMUNICATIONS (PUBLIC REMARKS/ WRITTEN CORRESPONDENCE)• None ADJOURNMENT: Chair West adjourned the meeting at 5:45 p.m. to a regular meeting on January 12, 2009 at 5:15 p.m. in Planning and Building Conference Room #137. BRAD REMP, C.B.O. ASST. DIR. OF PLANNING & BUILDING/ BUILDiiJG OFFYCIAL SECRETARY TO THE BOARD OF APPEALS & ADVISORS MINUTES TAKEN BY: PATRICIA SALVACION, SECRETARY- PLANNING & BUILDING DEPARTMENT 3-5 Underline/Strikeout ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.24.060 The City Council of the City of Chula Vista does ordain as follows: SECTION I. That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.24 ELECTRICAL CODE AND REGULATIONS* Sections: 15.24.010 California Electrical Code, 2007 Edition, adopted by reference. 15.24.035 Previously used materials. 15.24.045 Distribution panels -Separate required when. 15.24.050 Circuit cazds to be posted when. 15.24.055 Electric fences -Defined -Prohibited. 15.24.060 Phase arrangement -Amended. 15 24 065 Photovoltaic Pre-wiring Requirements. * For statutory provisions exempting electrical contractors from licensing under an electrical repairman's statute, see Bus. and Prof. Code § 9804. For statutory provisions authorizing cities to regulate the materials used in wising structures for electricity and in piping them for water, gas or electricity, and to regulate the manner of such piping, see Gov. Code § 38660. Prior legislation: Ords. 2045, 2158, 2292, 2459, 2506, 2639 and 2647. 15.24.010 California Electrical Code, 2007 Edition, adapted by reference. There is hereby adopted by reference the California Electrical Code, 2007 Edition, known as the California Code of Regulations Title 24, Part 3, as copyrighted by the National Fire Protection Association and the Califomia Building Standards Commission. Said document is hereby adopted as the electrical code of the City of Chula Vista, regulating the installation, repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature whatsoever, whether inside or outside of any building within the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 15.24.035 Previously used materials. Previously used materials shall not be reused in any work without approval by the Building Official. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 1^Attomry\ORDMANCES\Adding PV m EC Stoke Undedine_01-13-09.dac - 3-6 Ordinance No. Page 2 15.24.045 Distribution panels -Separate required when. Each store in a store building, each flat in a flat building, and each building used as a dwelling shall be so wired that each store, apartment, flat or dwelling shall have separate lighting and/or power distribution panels. Such panels shall not serve other portions of the building. Hotels, motels, hotel apartments and similar types of buildings may be wired from one or more distribution panels. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 15.24.050 Circuit cards to be posted when. When requested by the Building Official, a complete schedule of circuits showing the number, kind and capacity of each outlet on each circuit shall be posted on each job prior to rough inspection. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 15.24.055 Electric fences -Defined -Prohibited. A. As used herein, the term "electric fence" includes all fences which in any way use electrical energy as an additional deterrent or have wires charged with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. B. No electric fence may be constructed, maintained or operated within the City. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 15.24.060 Phase arrangement -Amended. Section 408.3(E) of the California Electrical Code is hereby amended to read: Phase Arrangement. The phase arrangement on three-phase buses shall be A, B, C from front to back, top to bottom, or left to right, as viewed from the front of the switchboard or panelboazd. The C phase shall be that phase having the higher voltage ground on three-phase, four-wire delta-connected systems. Other busbar arrangements may be permitted for additions to existing installations and shall be marked. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 15.24.065 Photovoltaic Pre-wiring Requirements. All new residential units shall include electrical conduit specifically designed to allow the later installation of a photovoltaic (PV) system which utilizes solar energy as a means to provide electricity. No building~ermit shall be issued unless the requirements of this section and the Chula Vista Photovoltaic Pre-Wiring Installation Requirements are incorporated into the approved building plans. The provisions of this chapter can be modified or waived when it can be satisfactorily demonstrated to the building official that the requirements of this section are impractical due to shading, building orientation, construction constraints or configuration of the ap rcel. 1 W rtomey~ORDMANCESWdding PV to EC 9nke_L'nderlinc_01-U-09.dac 3-7 Ordinance Ivo. Page 3 SECTION II. FINDINGS AND DECLARATION. The City Council of the City of Chula Vista specifically and expressly fords and declares that adding section 15.24.065 to Chapter 15.24 is necessary due to local climatic conditions. As a result of high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning public safety and adverse economic impacts of power outages or power reductions. Facilitating the installation of Photovoltaic systems will have local and regional benefits in the reduction of total and peak energy use and greenhouse gas emissions. SECTION III. EFFECTIVE DATE. This ordinance will take effect and be in force thirty days after fmal passage. Presented by Gary Halbert Deputy City Manager/Development Services Director Approved as to form by Bart C. Miesfeld City Attorney I:U.nomcy\ORDIfIANCESWdtling PV m EC Slrike [;ndetlinc 01-0-09.dac 3-8 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.24.060 The City Council of the City of Chula Vista does ordain as follows: SECTION I. That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.24 ELECTRICAL CODE AND REGULATIONS* Sections: 15.24.010 Califomia Electrical Code, 2007 Edition, adopted by reference. 15.24.035 Previously used materials. 15.24.045 Distribution panels -Separate required when. 15.24.050 Circuit cards to be posted when. 15.24.055 Electric fences -Defined -Prohibited. 15.24.060 Phase arrangement -Amended. 15.24.065 Photovoltaic Pre-wiring Requirements. * For statutory provisions exempting electrical contractors from licensing under an electrical repairman's statute, see Bus. and Prof. Code § 9804. For statutory provisions authorizing cities to regulate the materials used in wiring structures for electricity and in piping them for water, gas or electricity, and to regulate the manner of such piping, see Gov. Code § 38660. Prior legislation: Ords. 2045, 2158, 2292, 2459, 2506, 2639 and 2647. 15.24.010 California Electrical Code, 2007 Edition, adopted by reference. There is hereby adopted by reference the California Electrical Code, 2007 Edition, known as the Califomia Code of Regulations Title 24, Part 3, as copyrighted by the National Fire Protection Association and the California Building Standards Commission. Said document is hereby adopted as the electrical code of the City of Chula Vista, regulating the installation, repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature whatsoever, whether inside or outside of any building within the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 15.24.035 Previously used materials. Previously used materials shall not be reused in any work without approval by the Building Official. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 1:V.¢amey\ORDMANCES\Adding PV m EC OI~IJ-09.dac 3-9 Ordinance No. Page 2 15.24.045 Distribution panels -Separate required when. Each store in a store building, each flat in a flat building, and each building used as a dwelling shall be so wired that each store, apartment, flat or dwelling shall have separate lighting and/or power distribution panels. Such panels shall not serve other portions of the building. Hotels, motels, hotel apartments and similar types of buildings may be wired from one or more distribution panels. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785- B § 1, 1999). 15.24.050 Circuit cards to be posted when. When requested by the Building Official, a complete schedule of circuits showing the number, kind and capacity of each outlet on each circuit shall be posted on each job prior to rough inspection. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 15.24.055 Electric fences -Defined -Prohibited. A. As used herein, the term "electric fence" includes all fences which in any way use electrical energy as an additional deterrent or have wires charged with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. B. No electric fence may be constructed, maintained or operated within the City. (Ord. 3091 § 1, 2007; Ord. 3013 § 1, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 15.24.060 Phase arrangement -Amended. Section 408.3(E) of the California Electrical Code is hereby amended to read: Phase Arrangement. The phase arrangement on three-phase buses shall be A, B, C from front to back, top to bottom, or left to right, as viewed from the front of the switchboard or panelboazd. The C phase shall be that phase having the higher voltage ground on three- phase, four-wire delta-connected systems. Other busbaz arrangements may be permitted for additions to existing installations and shall be marked. (Ord. 3091 § 1, 2007; Ord. 3013 § I, 2005; Ord. 2875 § 1, 2002; Ord. 2785-B § 1, 1999). 15.24.065 Photovoltaic Pre-wiring Requirements. All new residential units shall include electrical conduit specifically designed to allow the later installation of a photovoltaic (PV) system which utilizes solar energy as a means to provide electricity. No building permit shall be issued unless the requirements of this section and the Chula Vista Photovoltaic Pre-Wiring Installation Requirements are incorporated into the approved building plans. The provisions of this chapter can be modified or waived when it can be satisfactorily demonstrated to the building official that the requirements of this section are impractical due to shading, building orientation, construction constraints or configuration of the parcel. J:W¢omry\ORDMANCES\Adding PV Ic EC_OI-U-09.doc 3-10 Ordinance No. Page 3 SECTION II. FINDINGS AND DECLARATION. The City Council of the City of Chula Vista specifically and expressly fords and declares that adding section 15.24.065 to Chapter 15.24 is necessary due to local climatic conditions. As a result of high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning public safety and adverse economic impacts of power outages or power reductions. Facilitating the installation of Photovoltaic systems will have local and regional benefits in the reduction of total and peak energy use and greenhouse gas emissions. SECTION III. EFFECTIVE DATE. This ordinance will take effect and be in force thirty days after final passage. Presented by Approved as to form Gary Halbert ~ Deputy City Manager/Development ~ ty Services Director 1:Wnomry\ORDMANCESWdding PV ro EC 01-I]-09.dw 3-11 Underline/Strikeout ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.28.015 The City Council of the City of Chula Vista does ordain as follows: SECTION I. That Chapter 15.28 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.28 PLUMBING CODE* Sections: 15.28.010 Califomia Plumbing Code, 2007 Edition, adopted by reference. 1 ~ 28 Ol ~ Solar Water Heater Pre-Plumbing. " Prior legislation: Prior code §§ 23.3 and 23.9; Ords. 779, 1332, 1748, 1917, 2156, 2343, 2506, 2508, 2639 and 2646. 15.28.010 California Plumbing Code, 2007 Edition, adopted by reference. There is hereby adopted by reference the California Plumbing Code, 2007 Edition, known as the Califomia Code of Regulations, Title 24, Part 5, and Appendices A, B, D and I of that document as copyrighted by the International Association of Plumbing and Mechanical Officials and the Califomia Building Standards Commission. Said document is hereby adopted as the plumbing code of the City of Chula Vista for regulating the complete installation, maintenance and repair of plumbing, drainage systems, water systems, gas systems, and private sewage disposal systems on all properties and within all buildings and structures in the City. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. (Ord. 3092 § 1, 2007; Ord. 2877 § 1, 2002; Ord. 2787-B § 1, 1999). 15.28.015 Solar Water Heater Pre-Plumbing. All new residential units shall include plumbing~ecifically designed to allow the later installation of a system which utilizes solar enerey as the primary means of heating domestic potable water No building permit shall be issued unless the requirements of this section and the Chula Vista Solar Water Heater Pre-Plumbing Installation Requirements are incorporated into the approved buildine plans. The provisions of this chapter can be modified or waived when it can be satisfactorily demonstrated to the building official that the requirements of this section are impractical due to shading building orientation construction constraints or configuration of the parcel. J+Arzamey\ORDIIVANCESWJding SHWHmPC Strike-Undcrlinc OI~IY09.doc 3-12 Ordinance No. Page 2 SECTION II. FINDINGS AND DECLARATION. The City Council of the City of Chula Vista specifically and expressly fords and declares that adding section 15.28.015 to Chapter 15.28 is necessary due to local climatic conditions. As a result of high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning public safety and adverse economic impacts of power outages or power reductions. Facilitating the installation of solar water heating systems will have local and regional benefits in the reduction of total and peak energy use and greenhouse gas emissions. SECTION III. EFFECTIVE DATE. This ordinance will take effect and be in force thirty days after final passage. Presented by Gary Halbert Deputy City Manager/Development Services Director Approved as to form by Bart C. Miesfeld City Attorney l:\A[Wmcy\ORDMANCESWdding SHWH mPC Strike-Undo-line OYU-99doc 3-13 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE BY ADDING SECTION 15.28.015 The City Council of the City of Chula Vista does ordain as follows: SECTION I. That Chapter 15.28 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.28 PLUMBING CODE* Sections: 15.28.010 California Plumbing Code, 2007 Edition, adopted by reference. 15.28.015 Solar Water Heater Pre-Plumbing. * Prior legislation: Prior code §§ 23.3 and 23.9; Ords. 779, 1332, 1748, 1917, 2156, 2343, 2506, 2508, 2639 and 2646. 15.28.010 California Plumbing Code, 2007 Edition, adopted by reference. There is hereby adopted by reference the California Plumbing Code, 2007 Edition, lrnown as the California Code of Regulations, Title 24, Part 5, and Appendices A, B, D and I of that document as copyrighted by the International Association of Plumbing and Mechanical Officials and the Califomia Building Standards Commission. Said document is hereby adopted as the plumbing code of the City of Chula Vista for regulating the complete installation, maintenance and repair of plumbing, drainage systems, water systems, gas systems, and private sewage disposal systems on all properties and within all buildings and structures in the City. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. (Ord. 3092 § 1, 2007; Ord. 2877 § 1, 2002; Ord. 2787-B § 1, 1999). 15.28.015 Solar Water Heater Pre-Plumbing. All new residential units shall include plumbing specifically designed to allow the later installation of a system which utilizes solar energy as the primary means of heating domestic potable water. No building permit shall be issued unless the requirements of this section and the Chula Vista Solar Water Heater Pre-Plumbing Installation Requirements are incorporated into the approved building plans. The provisions of this chapter can be modified or waived when it can be satisfactorily demonstrated to the building official that the requirements of this section are impractical due to shading, building orientation, construction constraints or configuration of the parcel. J:Wnomey~ORDINANCaS'Ndding sHWHmPC 01-I]-09.doc 3-14 Ordinance No. Page 2 SECTION II. FINDINGS AND DECLARATION. The City Council of the City of Chula Vista specifically and expressly finds and declares that adding section 15.28.015 to Chapter 15.28 is necessary due to local climatic conditions. As a result of high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning public safety and adverse economic impacts of power outages or power reductions. Facilitating the installation of solaz water heating systems will have local and regional benefits in the reduction of total and peak energy use and greenhouse gas emissions. SECTION III. EFFECTIVE DATE. This ordinance will take effect and be in force thirty days after final passage. Presented by Approved as to form '" Gary Halbert Deputy City Manager/Development Services Director 1:WUamey\ORDMANCES\Adding SHWHm PC OI-U-09 Eoc 3-15 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTNG THE CHULA VISTA PHOTOVOLTAIC PRE-WII2ING INSTALLATION REQUIREMENTS WHEREAS, on July 10, 2008, City Council adopted the Implementation Plans for the Climate Change Working Group Measures; and WHEREAS, a component of the Implementation Plan for Climate Change Working Group Measure No. 5, Solar and Energy Efficiency Conversion, is to require updating municipal codes to facilitate future installations of solar and renewable energy systems; and WHEREAS, due to local climatic conditions, including high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning public safety and adverse economic impacts of power outages or power reductions; and WHEREAS, facilitating the installation of photovoltaic pre-wiring will have local and regional benefits in the reduction of total and peak energy use and greenhouse gas emissions; and WHEREAS, staff is presenting to Council an ordinance amending Chapter 15.24 of the Municipal Code to require pre-wiring at the time of new residential construction for future residential photovoltaic systems; and WHEREAS, in order to facilitate compliance with the pre-wiring requirements and establish consistency in the installation and inspection of these requirements, staff developed technical installation guidelines, Chula Vista Photovoltaic Pre-Wiring Installation Requirements (attached as, Exhibit "A"); and WHEREAS, the Board of Appeals and Advisors, at their December 15, 2008 meeting, recommended that Council adopt the installation guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby adopts the Chula Vista Photovoltaic Pre-Wiring Installation Requirements, attached as Exhibit "A," as the installation guidelines in the City of Chula Vista. Presented by Gary Halbert Deputy City Manager/Development Services Director 1:WrtomcyViE50LUTIONS~PLdMJING~Pre-wiring Guidelines 01-13-09 doc 3-16 Approved as to form by Exhibit A ~" ~/ /~~ Photovoltaic Pre-Wiring ~'~~' Installation Requirements CITY OF CHULA VISTA These requirements are applicable in all new Single Family Dwellings (SFD's) and Duplexes. They shall also apply to Multi Family Dwellings (MFD's) where a solar array can feed the "House Meter' that supplies the common areas of the building. 1. In SFD's and duplex units up to 2500 sq. ft, with the electrical service located on the exterior of a garage wall, a run of one 1" Electrical Metallic Tubing conduit (EMT) shall be installed from an accessible location in the attic to an accessible location stubbed out into the garage. Stub out another conduit from the service to a pull /junction box on the inside of the garage. 2. If the electrical service is not located on an exterior garage wall, another 1" conduit shall be run from the electrical service to a junction box on the inside of the garage wall. (Most PV system inverters will work best out of direct sunlight and heat, and may be mounted in the garage on the backside of the electrical service.) 3. Houses over 2500sq.ft and MFD's will require 1-1 /4" EMT conduit. 4. Conduit in the attic shall terminate a minimum of 6 inches above the insulation. 5. For roofs having less than a 4" in 12" slope that have clay or concrete roof tiles: EMT conduit, shall be stubbed out a minimum of 12" above the roof, capped off and provided with a roof jack for a future Photovoltaic System. 6. For roofs having a 4" in 12" slope or greater with any type of roof covering: Provide EMT conduit to an accessible location in the attic a minimum of 6" above the insulation and cap off. 7. The location for EMT conduit stubbed up through the roof will be to the largest roof area that is southerly facing, or secondarily to the largest westerly facing roof area. 8. The conduit shall be properly supported, protected, capped off at both ends, and run to accessible locations at both ends. 9. Work shall comply with the Electrical Code in effect at the time of installation. 10. Any notching and boring of studs or top plates shall be strapped/nail plated to provide protection for the conduit and shall reestablish the structural integrity of the members. (Per chapter 23 of the California Building Code in effect at the time of Plan Check approval.) 11. Pre-wire conduit shall be complete for rough frame inspection. H:~BLD_HSG~PV & SHWH Ordinances~PV Installation Guidelines for j2e~o.DOC RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CHULA VISTA SOLAR HOT WATER HEATING PRE-PLUMBING INSTALLATION REQUIREMENTS WHEREAS, on July 10, 2008, City Council adopted the Implementation Plans for the Climate Change Working Group Measures; and WHEREAS, a component of the Implementation Plan for Climate Change Working Group Measure No. 5, Solar and Energy Efficiency Conversion, includes updating municipal codes to facilitate future installations of solar and renewable energy systems; and WHEREAS, due to local climatic conditions, including high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning public safety and adverse economic impacts of power outages or power reductions; and WHEREAS, facilitating the installation of solar hot water heating systems will have local and regional benefits in the reduction of total and peak energy use and greenhouse. gas emissions; and WHEREAS, the requirement for pre-plumbing for solaz hot water heating systems constitutes a local amendment to the California Plumbing Code and Chapter 15.28 of the Municipal Code; and WHEREAS, staff is presenting to Council an ordinance amending Chapter 15.28 of the Municipal Cade to require pre-plumbing at time of new residential construction for future solar hot water heating systems; and WHEREAS, in order to facilitate compliance with the pre-plumbing requirements and establish consistency in installation and inspection, staff established technical installation guidelines, Chula Vista Solar Hot Water Heating Pre-Plumbing Installation Requirements (attached as, Exhibit "A"); and WHEREAS, the Board of Appeals and Advisors, at their December 15, 2008 meeting, recommended that Council adopt the installation guidelines. I:NllameyV2E50LCTIONSIPLA~NMGV're-Plumbing GUitlelines OI-U-09.doc 3-18 Resolution No. 2009- Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby adopts the Chula Vista Solar Hot Water Heating Pre-Plumbing Installation Requirements, attached as Exhibit "A," as the installation guidelines in the City of Chula Vista. Presented by Approved as to form Gary Halbert Deputy City Manager/Development Services Director 1:UnameyVtE50LUTIONS~PLANNMGGWrt-Plumbing Guidelines 01-^-09.doc 3-19 ~~~r, ~~4 Solar Hot Water Heating Pre-Plumbing Installation Requirements C11Y OF CHULA VISTA Exhibit A These requirements are applicable in all new Single Family Dwellings and Duplexes. They also apply to Multi Family Dwellings where each unit extends vertically from the foundation to the roof or where buildings have a central water heating system that serves all the units. 1. For roofs having less than a 4" in 12" slope that have clay or concrete roof tiles: Two 3/4" copper pipes and one 3/4" Electrical Metallic Tubing (EMT) conduit, shall be stubbed out a minimum of 12" above the roof, capped off and provided with roof jacks for a future solar hot water heating system. The pipe and conduit shall be run to the location of the water heater, be capped off and be readily accessible. 2. For roofs having a 4" in 12" slope or greater with any type of roof covering: Provide two 3/4" copper pipes and one 3/4" EMT conduit to an accessible location in the attic a minimum of 6" above the insulation and be capped off. The pipes and conduit shall be run to the location of the water heater, be capped off and be readily accessible. 3. Pipe and conduit should penetrate the roof in the lower one-third of the slope. This will enable proper drainage of the system. 4. Pipes shall be sloped at least Y<" per foot of run from the upper capped end at the roof to the lowest capped end at the storage tank. This will enable drainage for freeze protection and maintenance. 5. Locations for both pipes and conduit will be to the largest roof area that is southerly facing, or secondarily to the largest westerly facing roof area. 6. Both pipes and conduit shall be run and properly supported the entire length of the building to the area where the water heater will be placed. 7. Pipe insulation shall have at least a '/_" thick wall and be rated to 212 degrees F 8. The use of Tank-less Water Heaters does not exempt these pre-plumbing/piping requirements. 9. The use of CPVC and PEX piping is not permitted. 10. Work shall comply with the Plumbing and Electrical codes in effect at the time of plan check approval. 11. Any notching and boring of studs or top plates shall be strapped/nail plated to provide protection far the pipe/conduit and shall reestablish the structural integrity of the members. (Per chapter 23 of the California Building Code in effect at the time of plan check approval.) 12. Pre-plumbing/piping shall be complete for rough frame inspection. H:\BLD_HSG\PV & SHWH Ordinances\SHWH Installation Guide}jnes,{gz,Reso.doc c:n~v or cnct.n vis'rn~ Redevelopment MEMORANDUM Housing DATE: January 13, 2009 TO: Honorable Mayor & City Cou ci FROM: Jim Sandoval,.Ci y Manage VIA: Gary Halber~puty City Manager/Development Services Director RE: City Council Agenda Item No. 4; Revised Real Property Acquisition Agreement Please find attached for your review and consideration a revised Attachment 3 -Real Property Acquisition Agreement for Item No. 4 on the City Council Agenda for January 13, 2009. The Agreement was revised by the City Attorney's Office based upon further comments received by the Property Owner and in concurrence with staff of the Development Services Redevelopment & Housing Division. The following represents the revisions to the Agreement: • Section 2 -Hazardous Materials (Page 4-9 of the attached Agreement) has been revised to acknowledge receipt and acceptance of a Phase I environmental review of the property conducted for the property in 2007. • Section 4 -Subdivision of Property (Page 4-10 of the attached Agreement) has been revised to reflect the City's authority, as granted by the Seller, and responsibility to subdivide the property in the manner required for its sale. Should you have any questions, please contact Eric Crockett in the Development Services Redevelopment & Housing Division at 619-476-5341. Prepared by: Leilani Hines, Principal Project Coordinator 276 FOURTH AVENUE ~ CHULA VISTA ~ CA 91910 lel 619 691 ~ 504? fax G19~ 585 5698 www. chu lav istaca. gov/curb REVISED ITEM N0.4 ATTACHMENT3 Seller: Castle Park Enterprises, LP APN. 623-030-12 (por.) Title Order No. 148364 (Stewart) REAL PROPERTY ACQUISITION AGREEMENT THIS REAL PROPERTY ACQUISITION AGREEMENT ("Agreement') is entered into this day of 2009, by and between THE CITY OF CHULA V I STA, a charter City organized under the laws of the State of California ("City"), and CASTLE PARK ENTERPRISES, LP a California Limited Partnership ("Seller"), (together, the "Parties") for the acquisition of a portion of Seller's property. WHEREAS, City has offered to buy and Seller has agreed to sell a portion of Seller's real property, commonly known as 275 Orange Avenue, located in the City of Chula Vista, County of San Diego, State of California, currently identified as San Diego County Assessor's Parcel No. 623- 030-12 ("Original Property"). That portion of the Original Property to be transferred pursuant to this Agreement shall be referred to herein as "Property"; and WHEREAS. the Property is more particularly described in the Legal Description, designated as Exhibit "A" and as more particularly shown on Map thereof designated as Exhibit "B,'~ which are both attached to and incorporated in this Agreement by this reference. NOW THEREFORE, the Parties agree as follows: 1. AGREEMENT TO SELL AND PURCHASE City agrees to purchase from Seller and Seller agrees to sell to City, upon the terms and for the consideration set forth in this Real Property Acquisition Agreement, the Property. The Parties agree that the Property shall be conveyed in fee to City clear of all encumbrances except easements of record. 2. HAZARDOUS MATERIALS a.) Obligation to Conduct Environmental Review. Seller, as part of their refinancing in 2007, has conducted a Phase 1 environmental review, which indicates that there are no Hazardous Materials located, on or under the Property. The City has reviewed the information within the Phase I Report and accepts its findings that there are no Hazardous Materials on or under the Property; thus, no Phase Ii environmental review is required. b.) Hazardous Materials: The phrase Hazardous Materials for the purposes of this Agreement shall mean hazardous waste or hazardous substance as defined in any federal, state, or local statute, ordinance, rule, or regulation applicable to the Property, including, without limitation the ,LACouucil. Boards & CommissionsVCouncil & RDA Staff Reports\2009AO1-13-09APalm Park AcquisitionAPalms Real Pmpem' Acquisition Aereement RevisedFlNAL_01-12-09.doc 4-9 Real Property Acquisition Agreement APN 623-030-12 (por.) Pace 2 Comprehensive Environmental Response. Compensation, and Liability Act of 1980. as amended (Title 42 United States Code sections 9601-9675), the Resource Conservation and Recovery Act (Title 42 United States Code sections 6901-6992k), the Carpenter Presley-Tanner Hazardous Substance Account Act (Health and Safety Code sections 25300-2539.15), and the Hazardous Waste Control Law (Health and Safety Code sections 25100-25250.25). "Hazardous Materials" shall also include asbestos or asbestos containing materials, radon gas, and petroleum or petroleum fractions. whether or not defined as hazardous waste or hazardous substance in any such statute, ordinance, rule, or regulation. 3. PURCHASE PRICE The total purchase price payable on the terms set forth in this Agreement shall be the smn of ONE MILLION SEVENTY THOUSAND THREE HUNDRED DOLLARS ($1.070,300) ("Purchase Price") to be paid in the manner set forth below. 4. SUBDIVISION OF PROPERTY Prior to or concurrent with the closing of escrow and the transfer of Property. the City shall ensure that the Original Parcel is subdivided into a legal lots by recording the appropriate documents with the office of the County Recorder. The Seller shall provide the City with any and all authority necessary to act as the Seller's representative for the sole purpose of subdividing the Property in the manner required for the sale of Property under this Agreement. 5. ESCROW AND TITLE INSURANCE City agrees to open an escrow in accordance with this Agreement at Stewart Title Company, located at 7676 Hazard Center Drive, 14th Floor, San Diego, CA 92 ] 08, and deposit a ful ly executed copy of this Agreement no later than two weeks after the approval by the City Council of this Agreement. City agrees to pay all usual and reasonable fees, charges and costs that arise in the escrow upon demand of Escrow Holder. Additionally, City shall pay Seller's cost for obtaining approval from Seller s existing lender, John Hancock Life Insurance Company. for the sale in an amount not to exceed $7.500.00. Seller shall not be liable for any costs or fees in connection with this escrow. This Agreement constitutes the joint escrow instructions of the Parties and Escrow Holder to whom these instructions are delivered is empowered to act under this Agreement. The Parties agree to do all acts reasonably necessary to close escrow as soon as possible, but in all events no later than sixty (60) days after a fully executed copy of this Agreement is deposited into escrow. The terms closing and/or close of escrow as used in this Agreement shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of title insurance pursuant to this Agreement. 4-10 Real Propert}~ Acquisition Agreement APN 623-030-12 (por.) Page 3 Seller shall execute and deliver into escrow an executed Grant Deed conveying the Property to City insufficient time to allow for the timely close of escrow. Seller and City agree to deposit with Escrow Holder any additional instruments as may be reasonable and necessary to complete this transaction in a timely manner. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by wire transfer from such account, unless Seller requests another form of payment. Escrow Holder shall cause to be issued and delivered to City at City's cost, as of the closing date. a CLTA standard coverage policy of title insurance ("Title Policy ~) issued by Stewart Title, with liability in the amount of the Purchase Price. and showing the Property vesting in City, free of all liens, encumbrances, leases and taxes except: (a) All non-delinquent general and special real property taxes for the current fiscal year; and (h) The standard printed exceptions and exclusions contained in the CLTA form policy; and (c) Public and quasi-public utility, public alle}', public street easements and rights of way of record. Escrow Holder is authorised to and shall pay and charge City for any title insurance premium. Escrow Holder is authorized to and shall disburse funds and record the Grant Deed when City and Seller have fulfilled all conditions of the escrow and this Real Property Acquisition Agreement. 6. RESPONSIBILITY OF ESCROW HOLDER Responsibility of Escrow Holder under this Agreement is expressly limited to Paragraph 3 of this Agreement and to its liability under any policy of title insurance issued in regard to this transaction. 7. CONVEYANCE OF INTEREST Seller agrees to convey by Grant Deed to City a fee interest in the Property as contemplated by this Agreement. 4-11 Real Property Acquisition Agreement APN 623-030-12 (por.) Page 4 8. DEPOSIT OF FUNDS City agrees to deposit the Purchase Price of the Property pursuant w Paragraph 2 of this Agreement as well as all other cost as set forth in this Agreement, upon receipt of an estimated closing cost statement. This deposit offends shall be made in sufficient time to allow for closing as set forth in Paragraph 3 of this Agreement. 9. REAL ESTATE COMMISSIONS No brokers or finders have been employed for a fee or are entitled to a commission or compensation in connection with this transaction. 10. MISCELLANEOUS (a) Entire Agreement: This Agreement represents the entire agreement between the Parties for the purchase of the Property and supersedes all prior negotiations, representations or agreements, either oral or written. (b) Time of Essence: Time is of the essence in the performance of this Agreement, and the Parties agree that strict compliance by both Parties is required as to any date set out in this Agreement. (c) Notices: All notices. waivers, demands, requests or other communications required or permitted by this Agreement shall, unless otherwise expressly provided, be in writing and be deemed to have been properly given, served and received: (i) if delivered by messenger, when delivered; (ii) if mailed. on the third (3`d) business day after deposit in the United States mail certified or registered, postage prepaid, return receipt requested; (iii) telexed, telegraphed or telecopied. six hours after being dispatched if such sixth hour falls on a business day within the hours of 8:00 a.m. through 6:00 p.m. ofthe time in effect at the place of receipt, or at 8:00 a.m. on the next business day thereafter if such sixth hour is later than 6:00 p.m.; or (iv) if delivered by reputable overnight express courier. freight prepaid, the next business day after delivery to such courier, in every case addressed to the parties to he notified as follows: Richard A. Ryals Real Property Manager City of Chula Vista 276 Fourth Avenue. MS E-100 Chula Vista. CA 91910 4-12 Real Property Acquisition Agreement APN 623-030-12 (por.) Page 5 Castle Park Enterprises. LP c/o Richard Gillett 13919 Strubels Lane Grass Valley, CA 95949 (d) Interpretation: This Agreement shall be governed by the laws of the State of California. The section headings are for convenience only and are in no way intended to interpret. define or 1 imit the scope or content of this Agreement If any party is made up of more than one person or entity, then all are identified in the singular in this Agreement. If any right of approval or consent by a party is provided for in this Agreement, the party shall exercise the right promptly, in good faith and reasonably, unless this Agreement expressly gives such party the right to use its sole discretion. (e) Amendments or Chances to the Agreement: The terms and provisions of this Agreement shall only be amended or changed pursuant to a written instrument signed by both Parties. (~ Authority to Contract Each signatory to this Agreement represents and warrants that it has the authority to enter into this Agreement and that this Agreement shall be binding upon and inure to each Party, their officers. directors, trustees and representatives. (g) Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. (h) Successors and Assiens: The provisions of this Agreement shall bind the successors and assiens of the Parties. (i) Attorney Fees: In the event of any action or proceeding to enforce a term or condition of this Agreement, any alleged disputes, breaches, defaults, or misrepresentations in connection with any provision of this Agreement or any action or proceeding in any way arising from this Agreement, the prevailing party in such action, shall be entitled to recover its reasonable costs and expenses. including without limitation reasonable attorney fees and costs of defense paid or incurred in good faith. The "prevailing party' for the purposes of this Agreement, is that party who obtains substantially the result sought, whether by settlement, dismissal, or judgment. (j) Severance: If any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining parts of this Agreement shall remain in full force and effect, as fully as though such invalid. illegal or unenforceable portion had never been part of this Agreement. 4-13 Real Property Acquisition Agreement APN 623-030-12 (por.) Page 6 (k) "1 he City understands and agrees that this Agreement must be approved by Sohn Hancock Life Insurance Company. (i) Seller understands and agrees that this Agreement must be reviewed and considered at a hearing before the Ciry Council of the City of Chula Vista. The City Council has the discretion to approve or disapprove this Agreement or any portions of this Agreement [N WITNESS WHEREOF, the duly authorized representative ofeach Party bas executed this Agreement effective upon the date first written above. Dated: City of Chula Vista ay: Cheryl Cox, Mayor Attest Donna Norris, Ciry Clerk Approved as to form: Bart C. Miesfield, Ciry Attorney Dated: Castle Park Enterprises, LP sy: !~~~~ Richazd illett, President Palms Mobile Estates, Inc. General Partner of Castle Park Enterprises, LP z•d I206-LLb-OES 4-14 94aT t?9 P~e4~?b e6b~ii 60 2T ueC FRLN1 PhgNE ND. = 2703609 Ian. 12 2009 10: 19FY`1 P1 T'd TZ06-LLb-OES 4-15 ~gai i?0 P~e4~?b Real Property Acyuisition Agreement APN 623-030-12 (por.) Pagc 7 Dated: ~ y ..~- Castle Perk Enterprises, LP By: Ed Mateer, Director Palms Mobile Estates, Inc. General painter of Castle Park Enterprises, LP e6brlT 60 2T ~eC CITY COUNCIL & _ REDEVELOPMENT AGENCY AGENDA STATEMENT ~'°'~' ~ ,,;.~, cm of ~-- - cHU~,av~srA JANUARY 13, 2009, Item ITEM TITLE: JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA [A] APPROPRIATING $1,400,000 FROM THE 2008 REDEVELOPMENT AGENCY TAX ALLOCATION REFUNDING BONDS FOR REPAYMENT TO THE CITY OF CHULA VISTA OF THE AGENCY LOAN; [B] APPROPRIATING $1,400,000 FROM THE CITY OF CHULA VISTA GENERAL FUND TO A NEW CAPITAL IMPROVEMENT PROJECT FOR THE PURCHASE OF VACANT PROPERTY LOCATED AT 275 ORANGE AVENUE AND ITS DEVELOPMENT AS A PUBLIC PARK; AND [C] APPROVING THE REAL PROPERTY ACQUISITION AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK ENTERPRISES, L.P. AND ACCEPTANCE OF THE GRANT DEED FOR SAID PROPERTY SUBMITTED BY: DEPUTY CITY MANAGER / DEVELOPMENT SERVICES DIRECTOR REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES ~ NO SUMMARY The City of Chula Vista currently has an opportunity to purchase 1.82 acres of vacant property currently used as open space storage for Palms Mobile Estates at 2'75 Orange Avenue for the purpose of developing an urban pazk within the Southwest community. Staff is recommending that the City purchase the vacant property for its development as a park and execute the Real Property Acquisition Agreement for the subject property. Acquisition costs aze to be financed through those available funds resulting from payment by the Agency on its City loan. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 16 categorical exemption pursuant to Section 15316 [Transfer of Ownership of Land in Order to Create Pazks] of the State CEQA Guidelines. Thus, no further environmental review is necessary. RECOMMENDATION The City Council and RDA adopt the resolution. 4-1 January 13, 2009, Item t~ . Page 2 of 4 BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The City of Chula Vista has a demonstrated commitment to providing a quality pazks and recreation system for its residents. Through the adoption of a Parks and Recreation Master Plan and the Parklands and Public Facilities Ordinance, the City works towazds providing residents with the opportunity for a complete recreational experience and pazks that aze desirable additions to the environment and the health of the community. The Parklands and Public Facilities Ordinance requires new subdivisions to provide three acres of developed pazkland for every 1,000 residents to meet the demands created by these projects. The standard of three acres of pazkland per 1,000 residents is the adopted standazd for the entire City. The City presently enjoys a parkland ratio of over three acres per 1,000 population east of I-805. The area of the City west of I-805 is below the current standard of 3 acres per 1,000 residents. More specifically, the southwest area of the City is significantly below the pazkland ratio of three acres to 1,000 population. There aze currently seven neighborhood parks and five mini parks totaling 63.02 acres of public pazkland in this area. With a predicted 2030 population of 61,800 people (General Plan update 2005), a total of 185.4 acres of available parkland would meet the current standard. As identified during the outreach efforts of Southwest United in Action, places for recreation and the youth are considered a high priority for this community. The City faces significant challenges in developing pazkland in the West with the limited availability of vacant land and competing demands for land and financial resources. Developing creative strategies for delivering park and recreation facilities is essential to implementing the citywide standard for new park development. Proposed Property Acquisition for a Park: A strategy to deliver suitable pazkland in western Chula Vista is directing future park development to under utilized and vacant lands. The City of Chula Vista currently has an opportunity to remove a propem currently used for open storage of recreational vehicles and boats fronting Orange Avenue and providing an urban park in its place. Located in urban areas, where available and affordable land is scarce, urban pazks aze much like mini parks in that they are smaller and contain limited amenities. Urban parks may contain facilities such as public plazas, tot lots, play structures, public art features, sports courts (such as basketball or tennis), walking/jogging trails, dog walk areas, picnic or seating azeas, some grass play area, trees, and other plant materials. Urban parks, unlike mini pazks, may serve more homes because of the higher residential density within their service areas. The site itself is desirable for a park due to its location along a main thoroughfaze in the Southwest and its proximity to higher density residential developments and other supporting uses. Within a half mile radius of the site are four apartment communities totaling 482 units and 4-2 January li, 2009, Item Page 3 of 4 seven mobilehome communities with 927 units. The site is also in close proximity to key neighborhood facilities such as the Southwest Chula Vista Public Librazy (within one block) and three elementary schools (Lauderbach, Montgomery and Loma Verde). The development of a park on this property would benefit the community by meeting the recreational needs of the residents in the Southwest area, removing an existing open space storage use along Orange Avenue and bringing reinvestment back into the area. Site: The site the City wishes to acquire has a total area of approximately 2 acres, and is currently part of the Palms Mobile Estates. The City and the property owner are proposing to create a parcel for creation of a park (1.82) (see Exhibit B). This portion of the property is encumbered by an SDG&E easement with transmission towers on the site. Due to the limited ability to develop the site, the property owner uses the area to provide open space storage of recreational vehicles and boats for mobilehome park residents. The site is currently zoned mobilehome park (MHP), and has a General Plan designation of Open Space on the portion of the site proposed for acquisition. The land use designations would aptly support an urban park on the site. Financing: Staff and the property owner have reached a voluntary agreement as to the purchase price. Staff is recommending purchase of the property for $1,070,300 million plus associated costs and $300,000 to assist in the planning and design of the pazk. This represents a purchase price of approximately $li.50 a square foot. Based upon an assessment by the City's Real Property Manager the purchase price is consistent with fair market value. Currently, the Redevelopment Agency has approximately $1.4 million available from its issuance of the 2008 Tax Allocation Refunding Bonds. Staff is recommending that the Redevelopment Agency appropriate these funds towards payment of its outstanding debt to the City s General Fund. The City would then have $1.4 million available for the acquisition of the vacant property and planning and design of a park. Use of these funds for a capital expenditure will maintain the tax exempt status of the Bonds and make progress towards the park and recreational needs of the Southwest area of the City. Additionally, $375,000 is available under the Memorandum of Understanding with SDG&E dated October 12, 2004 (`MOU"). In accordance with section L12 of the MOU, these funds aze available for use in transmission rights of way as park space in western Chula Vista. Staff is recommending that the subject property and its development as a pazk is the appropriate investment of these funds from SDG&E. Adoption of the Resolution would serve as confirmation by the City Council of an identified site and use of the funds. Upon receipt of these funds from SDG&E, the City would determine that Section L12 of the MOU is satisfied. These funds would serve as seed money towards the actual design and construction of a park that exemplifies sustainable building and maintenance practices. 4-3 January 13, 2009, Item Page 4 of 4 Acquisition of land at this time for future development of a park would allow the City to purchase property while property values are lower and ready to apply for any potential funding programs available for capital projects. In 2009, funding will become available, through the Statewide Park Development and Community Revitalization Act, for the creation of new parks and facilities. 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 Currently the Redevelopment Agency has approximately $1.4 million available from the issuance of the 2008 Tax Allocation Refunding Bonds. These available funds are recommended for appropriation towazds payment on the Agency`s outstanding City loan. To acquire the subject property for the creation of an urban park and for related planning and design, it is recommended that the City appropriate $1.4 million resulting from the payment towards the Agency's debt obligation for such purpose. Under the terms of the Memorandum of Understanding dated October 12, 2004 (see Section L12) between the City of Chula Vista and SDG&E, $375,000 is to be made available for pazk purposes within its transmission rights of way. Upon the receipt, these funds would serve as seed money towazds the actual design and construction of a park that exemplifies sustainable building and maintenance practices. ATTACILMENTS 1. Project Location Map 2. Legal Description & Plat Map 3. Rea] Property Acquisition Agreement Prepared by: Leilani Hines, A~incipal Project Coordinator, Redevelopment & Housing 4-4 ATTACHMENT 1 PROJECT LOCATION 4-5 ATTACHMENT 2 EXHIBIT "A" LEGAL DESCRIPTION CITY OF CHULA VISTA APN 623-D30-12 FILE NO. PALMPRK THAT PORTION OF PARCEL 3 OF PARCEL MAP N0. 16311, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON DECEMBER 4, 1990; MORE PARTICULARLY DESCRIBED AS FOLLOWS AND ILLUSTRATED ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS DOCUMENT: PARCEL °A" GRANT BEGINNING AT THE NORTHWESTERLY CORNER OF SAID PARCEL 3, BEING ALSO THE NORTHEASTERLY CORNER OF PARCEL l OF SAID MAP; THENCE ALONG THE NORTHERLY 80UNDARY OF SAID PARCEL 3, BEING ALSO THE SOUTHERLY RIGHT-OF-WAY OF ORANGE AVENUE DESCRIBED IN STREET EASEMENT PER DOCUMENT N0. 90-446610 DATED AUGUST 15, 1990, SOUTH 83°01'30" EAST 312.24 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY SOUTH 47°45'11" EAST 37.58 FEET; THENCE SOUTH 07°49'41" EAST 128.73 FEET; THENCE SOUTH 74°51'14" WEST 418.36 FEET TO THE WESTERLY BOUNDARY OF SAID PARCEL 3, BEING AL50 THE EASTERLY BOUNDARY OF PARCEL 2 OF SAID MAP; THENCE ALONG SAID WESTERLY BOUNDARY NORTH 00°40'43" EAST 78.59 FEET TO THE NORTHEASTERLY CORNER OF PARCEL 2; THENCE LEAVING SAID CORNER NORTH 89°19'17" WEST 45.00 FEET TO THE SOUTHEASTERLY CORNER OF PARCEL 1; THENCE LEAVING SAID CORNER NORTH 00°40'43" EAST 221.98 FEET ALONG THE WESTERLY BOUNDARY OF SAID PARCEL 3, TO THE POINT OF BEGINNING. CONTAINING f.82 ACRES, afORE OR LESS. Dui L.S. 7}49 EXP. 12/}1fp9 ~~Z ~LZ u:.+U' JOSE le~l GOMEZ, P. ~S. 7349 ~ DATE FILE N0. PALMPRK 0: \SOSKPROJ\Oronge Avenue Plv(B LegN (PALMPRK) 11-8-08.d+g 17/OB/ZW8 9: Sb.~09 AM PST 4-6 EXHIBIT °B'° N ~--__ c~-r~r ~r c~-~ui r~ ~>>~-rr~ P.O.B. PARCFI A - 1 - _ ~NGE NOR7HfS£SIERLY R OF PARGiZ 3 _ 1 ._~ _ q VENUE ~~ . _ ~ OR1GlNA ~_ _ _ _ _ '.. ~.- _ _ _ PARCEL ~N 83 01:70' {y 61 -~ .. ._.._. BOUNDARY (N 8376 b2,. 285J ~ ' ~_ _ ~'~-~ '_ .- _._.._ _._BASlS pF W 6!284) LI -.. .BEARINGS ~~ A SB301:70 -_ _._.._.. _ _ _ \ _ ~N~~ ~ m B ~ -~ ~ ~l nm o, I ry N N ry ry ~ 1 ~ W W W l _~ e N LLB ~ N ~ ~~ ~ ~ ~ _ :Q^ II 11 ?~ PARCEL A ~~ I< 1 C[ ~ °~ °a 18z ACRD'S /'sJ L3 \ \c~ \ ~7~ J T~ I ~ 1~ ' / _~ ,. W 41836 ~, "~ ' 7 r i / j ~ (~ j45~ 14 D , / i N S ' _ u PARCEL 3 REMAINDER i' E ~ L 1`~~-~ z3 ez aca.~s DATA TABLE (PARCEL "A J ~ ~(; ~ NO BEARING LENGTH ' " I i F E 37.58 L7 54745"11 i ~ Z Lt' N00'40"43"E 76.59' ~ _ LJ N89't9'77"W 45.00' _..~ - LEGEND ~xA~fnc scALE o ,o 0 8' STREET EASEMENT PER DOC N0. 90-446610 DATED AUGUST 15. 7990 O E E~ T N N M1 C 15 990 AUGUS7 0A ED ~ N0. 9C 4 66 FER DO SCALP' Iw = 80~ © 250' SDG&c' EASEMENT (APPROXIMATE LOCATION) RECORDED SEPTEMBER J0. 1959 IN BOOK 7910. PG 586 O~ O.R. CENTERL7Nf OF 70' SOG&E EASEMENT (APPROXIMATE LOCATION) ` N0. 38066 RECORDED MARCH 4, 1966 F7Le O 5 5' TREE PLANTING & MAINTENANCE EASEMENT 90-a46607 DATED AUGUST l5. 1990 N0 PER DOG O . . STREET EASEMENT 1990 6606 DATED AUGUST 15 R~ LANp SON S S ~ U I S UP , PER DOG. N0. 90-44 ' 5 . G C~ `" s c" 4 f © PRIVATE U71L(TIES EASEMENT 20 ~ i < i ° PER P.M NO 76311 ~ ~ N s LIMITS OF PARCEL "A" GRANT RECORD DATA PER PARCEL MAP N0. 76J77 ' ~ SURYc YED DATA P.O.B. POINT OF BEGINNING `~~(~ CITY OF CHULA VISTA DEPARTMENT OF ENGINEERING \ 276 FOURTH AVENUE ~~ CHULAVISTA,CA97916 JOS L fSGOMEZ,P.L Q~~U (619)476-2301 LIC'N EEXPIRESI2/31 Avenue Pa/cN)Orow \Oesigrt ~FinN Pfo! & Legal Z J,.t ~~ DATE FILE N0. l AAI PSl 4-7 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 COI~NCIL~`~ ,'art C. Miesfeld City Attorney Dated: Real Property Acquisition Agreement Between The City of Chula Vista and Castle Park Enterprises for 275 Orange Avenue, Chula Vista, California Parcel No. 623-030-12 4-8 Seller: Castle Park Enterprises, LP APN. 623-030-12 (por.) Title Order No. 148364 (Stewart) REAL PROPERTY ACQUISITION AGREEMENT THIS REAL PROPERTY ACQUISITION AGREEMENT ("Agreement") is entered into this day of 2009, by and between THE CITY OF CHULA VISTA, a charter City organized under the laws of the State of California ("City"), and CASTLE PARK ENTERPRISES, LP a Califomia Limited Partnership ("Seller"), (together, the "Parties") for the acquisition of a portion of Seller's property. WHEREAS, City has offered to buy and Seller has agreed to sell a portion of Seller's real property, commonly known as 275 Orange Avenue, located in the City of Chula Vista, County of San Diego, State of Califomia, currently identified as San Diego County Assessor's Parcel No. 623- 030-12 ("Original Property"). That portion of the Original Property to be transferred pursuant to this Agreement shall be referred to herein as "Property"; and WHEREAS, the Property is more particularly described in the Legal Description, designated as Exhibit "A" and as more particularly shown on Map thereof designated as Exhibit "B," which are both attached to and incorporated in this Agreement by this reference. NOW THEREFORE, the Parties agree as follows: 1. AGREEMENT TO SELL AND PURCHASE City agrees to purchase from Seller and Seller agrees to sell to City, upon the terms and for the consideration set forth in this Real Property Acquisition Agreement, the Property. The Parties agree that the Property shall be conveyed in fee to City clear of all encumbrances except easements of record. 2. HAZARDOUS MATERIALS a.) Obligation to Conduct Environmental Review. Prior to closing of Escrow, the City shall conduct a Phase I environmental review. If the Phase I environmental review, indicates that Hazardous Materials affect or have significant potential to affect the ability to develop the Property as a park, a Phase II Report shall be prepared. The Phase II Report shall confirm whether potential Hazardous Materials exist. If such Hazardous Materials are found to exist, the City shall ascertain what types of materials are present, whether they exist in quantities that require them to be reported or remediated, and the approximate level of contamination required to be remediated or removed. Upon determining that remediation or removal is required, the C \Dommems and Servings\joycemLLocal 8enings~Temporary Internet PileA0LK12\Palms Red Pro~grry Ac9uisition Ayreemen~ PINAL_I31 ]-08.doc Real Property Acquisition Agreement APN 623-030-12 (por.) Page 2 City shall immediately notify the Seller and provide Seller with a copy of the Phase I and Phase II Report and any related documentation. b.) Hazardous Materials. The phrase Hazazdous Materials for the purposes of this Agreement shall mean hazardous waste or hazazdous substance as defined in any federal, state, or local statute, ordinance, rule, or regulation applicable to the Property, including, without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (Title 42 United States Code sections 9601-9675), the Resource Conservation and Recovery Act (Title 42 United States Code sections 6901-6992k), the Carpenter Presley-Tanner Hazardous Substance Account Act (Health and Safety Code sections 25300-25395.15), and the Hazardous Waste Control Law (Health and Safety Code sections 25100-25250.25). "Hazardous Materials" shall also include asbestos or asbestos containing materials, radon gas, and petroleum or petroleum fractions, whether or not defined as hazardous waste or hazardous substance in any such statute, ordinance, rule, or regulation. c.) Seller to Remediate "De Minimus"Contamination. If City identifies Hazazdous Materials on or under the Property as a result of the Phase II Report conducted pursuant to Section 2 prior to closing of Escrow, Seller shall be obligated, at Seller's expense, to diligently cause the remediation or removal of such Hazardous Materials before the close of escrow, as long as the remediation or removal can be completed for a cost of two hundred fifty thousand dollars ($250,000) or less. If the Seller is required to remediate or remove Hazardous Materials under this section, the close of escrow shall be extended by the amount of time reasonably necessary to complete the remediation or removal, including without limitation preparation of a work plan for the remediation or removal and obtaining all necessary governmental approvals for the work. As long as Seller completes the remediation or removal ofthe identitied Hazardous Materials under this section, City shall have no right to terminate this Agreement on account of its discovery of Hazardous Materials. (i) Remediation in Excess of $250,000. In the event that the remediation or removal of Hazardous Materials cannot be conducted for a cost of $250,000 or less, the Seller shall either (i) complete the remediation or removal of Hazazdous Materials at its own expense regardless of cost or (ii) provide an alternate equivalent, in net usable acres, site acceptable to the City, for use as the park. 3. PURCHASE PRICE The total purchase price payable on the terms set forth in this Agreement shall be the sum of ONE MILLION SEVENTY THOUSAND THREE HUNDRED DOLLARS ($1,070,300) ("Purchase Price") to be paid in the manner set forth below. 4-10 Real Property Acquisition Agreement APN 623-030-12 (por.) Page 3 4. SUBDIVISION OF PROPERTY Prior to or concurrent with the closing of escrow and the transfer of Property, the Original Parcel shall be subdivided into a legal lot by recording the appropriate documents with the office of the County Recorder. 5. ESCROW AND TITLE INSURANCE City agrees to open an escrow in accordance with this Agreement at Stewart Title Company, located at 7676 Hazard Center Drive, 14th Floor, San Diego, CA 92108, and deposit a fully executed copy of this Agreement no later than two weeks after the approval by the City Council of this Agreement. City agrees to pay all usual and reasonable fees, charges and costs that arise in the escrow upon demand of Escrow Holder. Additionally, City shall pay Seller's cost for obtaining approval from Seller's existing lender, John Hancock Life Insurance Company, for the sale in an amount not to exceed $7,500.00. Seller shall not be liable for any costs or fees in connection with this escrow. This Agreement constitutes the joint escrow instructions of the Parties and Escrow Holder to whom these instructions are delivered is empowered to act under this Agreement. The Parties agree to do all acts reasonably necessary to close escrow as soon as possible, but in all events no later than sixty (60) days after a fully executed copy of this Agreement is deposited into escrow. The terms closing and/or close of escrow as used in this Agreement shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of title insurance pursuant to this Agreement. Seller shall execute and deliver into escrow an executed Grant Deed conveying the Property to City in sufficient time to allow for the timely close of escrow. Seller and City agree to deposit with Escrow Holder any additional instruments as may be reasonable and necessary to complete this transaction in a timely manner. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by wire transfer from such account, unless Seller requests another form of payment. Escrow Holder shall cause to be issued and delivered to City at City's cost, as ofthe closing date, a CLTA standard coverage policy of title insurance ("Title Policy") issued by Stewart Title, with liability in the amount of the Purchase Price, and showing the Property vesting in City, free of all liens, encumbrances, leases and taxes except: C \Documev[s and Servings\joycem\Looal Settings\Temporary Inmmel FiledOLK ¢\Palms Real Property Acquisition Agreement FIV AL_IL'1-08 da 4-11 Real Property Acquisition Agreement APN 623-030-12 (por.) Page 4 (a) All non-delinquent general and special real property taxes for the current fiscal year; and (b) The standard printed exceptions and exclusions contained in the CLTA form policy; and (c) Public and quasi-public utility, public alley, public street easements and rights of way of record. Escrow Holder is authorized to and shall pay and charge City for any title insurance premium. Escrow Holder is authorized to and shall disburse funds and record the Grant Deed when City and Seller have fulfilled all conditions of the escrow and this Real Property Acquisition Agreement. 6. RESPONSIBILITY OF ESCROW HOLDER Responsibility of Escrow Holder under this Agreement is expressly limited to Paragraph 3 of this Agreement and to its liability under any policy of title insurance issued in regard to this transaction. 7. CONVEYANCE OF INTEREST Seller agrees to convey by Grant Deed to City a fee interest in the Property as contemplated by this Agreement. 8. DEPOSIT OF FtTNDS City agrees to deposit the Purchase Price of the Property pursuant to Paragraph 2 of this Agreement as well as all other cost as set forth in this Agreement, upon receipt of an estimated closing cost statement. This deposit of funds shall be made in sufficient time to allow for closing as set forth in Paragraph 3 of this Agreement. 9. REAL ESTATE COMMISSIONS No brokers or finders have been employed for a fee or are entitled to a commission or compensation in connection with this transaction. 10. MISCELLANEOUS (a) Entire Agreement: This Agreement represents the entire agreement between the Parties for the purchase of the Property and supersedes all prior negotiations, representations or Q\DOCUments and Settings\j oycemLLoosl Settings\Temporary Internee FileSOLKl3\Palms Reil Property Acquisition Agreement FMAL_I3 V-OB doc 4-12 Real Property Acquisition Agreement APN 623-03D-12 (por.) Page 5 agreements, either oral or written. (b) Time of Essence: Time is of the essence in the performance of this Agreement, and the Parties agree that strict compliance by both Parties is required as to any date set out in this Agreement. (c) Notices: All notices, waivers, demands, requests or other communications required or permitted by this Agreement shall, unless otherwise expressly provided, be in writing and be deemed to have been properly given, served and received: (i) if delivered by messenger, when delivered; (ii) if mailed, on the third (3`d) business day after deposit in the United States mail, certified or registered, postage prepaid, return receipt requested; (iii) telexed, telegraphed or telecopied, six hours after being dispatched if such sixth hour falls on a business day within the hours of 8:00 a.m. through 6:00 p.m. of the time in effect at the place of receipt, or at 8:00 a.m. on the next business day thereafter if such sixth hour is later than 6:00 p.m.; or (iv) if delivered by reputable overnight express courier, freight prepaid, the next business day after delivery to such courier, in every case addressed to the parties to be notified as follows: Richard A. Ryals Real Property Manager City of Chula Vista 276 Fourth Avenue, MS E-100 Chula Vista, CA 91910 Castle Park Enterprises, LP c/o Richard Gillett 13919 Strubels Lane Grass Valley, CA 95949 (d) Interpretation: This Agreement shall be governed by the laws of the State of California. The section headings are for convenience only and are in no way intended to interpret, define or limit the scope or content of this Agreement. If any party is made up of more than one person or entity, then all are identified in the singular in this Agreement. If any right of approval or consent by a party is provided for in this Agreement, the party shall exercise the right promptly, in good faith and reasonably, unless this Agreement expressly gives such party the right to use its sole discretion. (e) Amendments or Changes to the Agreement: The terms and provisions of this Agreement shall only be amended or changed pursuant to a written instrument signed by both Parties. (f) Authority to Contract: Each signatory to this Agreement represents and warrants that it has C \Documen[s and Se[ting~joycem\Local SettingsiTemporary Interne[ File90LK12\Palms Real Property Acquisition Agreement FINAL_1-37- O8.doc 4-13 Real Property Acquisition Agreement APN 623-030-12 (por.) Page 6 the authority to enter into this Agreement and that this Agreement shall be binding upon and inure to each Party, their officers, directors, trustees and representatives. (g) Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. (h) Successors and Assigns: The provisions of this Agreement shall bind the successors and assigns of the Parties. (i) Attorney Fees: In the event of any action or proceeding to enforce a term or condition of this Agreement, any alleged disputes, breaches, defaults, or misrepresentations in connection with any provision of this Agreement or any action or proceeding in any way arising from this Agreement, the prevailing party in such action, shall be entitled to recover its reasonable costs and expenses, including without limitation reasonable attorney fees and costs of defense paid or incurred in good faith. The "prevailing party" for the purposes of this Agreement, is that party who obtains substantially the result sought, whether by settlement, dismissal, or judgment. (j) Severance: If any portion of this Agreement shall be declared by any court of competent j urisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining parts of this Agreement shall remain in full force and effect, as fully as though such invalid, illegal or unenforceable portion had never been part of this Agreement. (k) The City understands and agrees that this Agreement must be approved by John Hancock Life Insurance Company. (i) Seller understands and agrees that this Agreement must be reviewed and considered at a hearing before the City Council of the City of Chula Vista. The City Council has the discretion to approve or disapprove this Agreement or any portions of this Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Party has executed this Agreement effective upon the date first written above. Dated: City of Chula Vista By: Cheryl Cox, Mayor C:\Doc~men[s and Set[ing9joycem\Local SettingslTemporary In[emet File30LK12\Palms Real Property Acquisition Agreement FINAL_I27- 08.doc 4-14 Real Property Acquisition Agreement APN 623-030-12 (por.) Page 7 Attest: Donna Norris, City Clerk Approved as to form: Bart C. Miesfield, City Attorney Dated: Castle Pazk Enterprises, LP By: Richard Gillett, President Palms Mobile Estates, Inc. General Partner of Castle Park Enterprises, LP Dated: Castle Park Enterprises, LP By: Ed Mateer, Director Palms Mobile Estates, Inc. General Partner of Castle Park Enterprises, LP C:~Documents and Setting9joycem\Local Settingsl7emporary Interne[ FileSOLKl2\Palms Real Property Acquisition Agreement FINAL_I-27- 08.doc 4-15 Real Property Acquisition Agreement APN 623-030-12 (por.) Page 8 C:\Documents and Se[ting~joycem\LOCaI SettingslTemporary In[emet File30LK12\Palms Real Property Acquisition Agreement FINAL_I-27- 08.doc 4-16 RDA RESOLUTION NO. 2009- (COUNCIL RESOLUTION NO. 2009- ) JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA [A] APPROPRIATING $1,400,000 FROM THE 2008 REDEVELOPMENT AGENCY TAX ALLOCATION REFUNDING BONDS FOR REPAYMENT TO THE CITY OF CHULA VISTA OF THE AGENCY LOAN; [B] APPROPRIATING $1,400,000 FROM THE CITY OF CHULA VISTA GENERAL FUND TO A NEW CAPITAL IMPROVEMENT PROJECT FOR THE PURCHASE OF VACANT PROPERTY LOCATED AT 275 ORANGE AVENUE AND ITS DEVELOPMENT AS A PUBLIC PARK; AND [C] APPROVING THE REAL PROPERTY ACQUISITION AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND CASTLE PARK ENTERPRISES, L.P. AND ACCEPTANCE OF THE GRANT DEED FOR SAID PROPERTY WHEREAS, the Redevelopment Agency of the City of Chula Vista (the Agency) previously issued its $24 million principal amount 2008 Tax Allocation Refunding Bonds for the Merged Chula Vista Redevelopment Project Area (the 2008 Bonds) pursuant to an Indenture of Trust by and between the Agency and U.S. Bank National Association; and WHEREAS, there is approximately $1.4 million in remaining proceeds of the 2008 Bonds available for expenditures; and WHEREAS, the Agency desires to use such remaining proceeds to repay certain loans made by the City of Chula Vista (the City) to the Agency; and WHEREAS, the City should take such actions necessary to ensure expenditure of such proceeds on capital improvement projects to maintain the tax exempt status of the 2008 Bonds; and WHEREAS, due to the limited availability of vacant land and competing demands for land in the developed area of the City west of I-80~, this area of the community is below the current standazd of 3 acres of pazk land per 1,000 residents; and WHEREAS, the City has been afforded the opportunity to purchase 1.82 acres of land currently associated with Palms Mobile Estates located at 275 Orange Avenue in Chula Vista from Castle Park Enterprises L.P. (the Property Owner) as more particularly described in the attached legal description as Exhibit A and plat map as Exhibit B for the purpose of developing a public park; and WHEREAS, the Property is located directly adjacent to the to the Merged Chula Vista Redevelopment project area; and 4-17 WHEREAS, the development of a park on this property would meet the recreational needs of the residents in the Southwest area of the City, remove an existing open space storage use along Orange Avenue and bring reinvestment back into the area to serve as a catalyst for further investment and improvements in the adjacent Project Area; and WHEREAS, the City and Property Owner have agreed to terms and conditions for the acquisition of such property as outlined within the Real Property Acquisition Agreement; and WHEREAS, additionally, under the Memorandum of Understanding executed by and between SDG&E and the City dated October 12, 2004 (the MOU), Section L 12 provides for $375,000 from SDG&E for use in transmission rights of way as park space in western Chula Vista; and WHEREAS, the City believes that the acquisition and development of the Property as a park is an appropriate investment of the available funds resulting from the repayment by the Agency of it's certain City Loan and those funds and services from SDG&E. NOW, THEREFORE, BE IT RESOLVED that the City Council and the Redevelopment Agency of the City of Chula Vista do hereby declare as follows: Section 1. The Chula Vista Redevelopment Agency hereby finds that the use of funds from the 2008 Bonds for repayment by the Agency of certain City loan and the City's use of funds for the acquisition and development of the Property for a public park will benefit the Agency's redevelopment project areas for the reasons set forth above. Section 2. The Chula Vista Redevelopment Agency does hereby amend the FY 2009 Redevelopment Agency Budget to appropriate $1,400,000 from the available fund balance of the 2008 Bonds for repayment of certain City Loan to the Agency. Section 3. The City Council does hereby: [A] Establish a new CIP project - "Palm Park Acquisition" and amend the FY 2009 CIP Budget to appropriate $1,400,000 from the available General Fund balance for acquisition of the Property for development of a public park, including associated escrow and closing costs, and [B] Approve the Real Property Acquisition Agreement by and between the City of Chula Vista and Castle Park Enterprises, L.P., and authorizes the execution of all other implementing agreements and documents, subject to such revisions as may be made reviewed and approved by the City Attorney. Section 4. The City Council does hereby identify the Property as an appropriate use of funds and services available from SDG&E as specified in Section I.12 of the MOU. 4-18 Section 5. The City Council does hereby express that Section I.12 of the MOU shall be satisfied upon receipt of these funds and services from SDG&E. BE IT FURTHER RESOLVED that the City of Chula Vista and the Chula Vista Redevelopment Agency, have made their recommendations, as herein contained, after considering all evidence and testimony presented at its public meeting, which is hereby incorporated into the record. -~ Presented by: ,~ by; Gazy Halbert )~att Miesf~ld " Deputy City Manager/ City Attorney and Agency Counsel Development Services Director 4-19 I 3.,., CITY COUNCIL - '" AGENDA STATEMENT ~u r , ,.:i ~'-. ciTY of CHULAVISTA 1/13/09, Item ITEM TITLE: PUBLIC HEARING - CONSIDERATION OF AMENDED REASSESSMENTS FOR THE REASSESSMENT NUMBERS 1658- 1, 1658-743, 1658-411, AND 1658-412 FOR REASSESSMENT DISTRICTS 2001-1 AND 2001-2 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1 AND DIRECTNG ACTIONS WITH RESPECT THERETO B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-2 AND DIRECTING ACTIONS WITH RESPECT THERETO SUBMITTED BY: DIRECTOR OF PUBLIC WORKS REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER ~~T 4/STHS VOTE: YES ^ NO SUMMARY In the past, the City has formed assessment districts to provide finding for infrastructure Linder the Municipal Improvement Act of 1913. Section 8730 of this Act requires that when a parcel of land has 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. 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, Chere are a number of outstanding apportionments, which require that the assessment liens be apportioned to the newly created parcels. 5-1 1/13/09, Item Page 2 of 3 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 conduct the public hearing and adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The City has formed assessment districts pursuant to the Municipal Improvement Act of 1913 (Califomia 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. Assessment districts have 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. On July 10, 2001, pursuant to the Improvement Bond Act of 1915 the City Council approved and confirmed the reassessments for Reassessment District No. 2001-I and Reassessment District No. 2001-2 through Resolutions 2001-211 and 2001-212 to pay for the costs of acquisitions and improvements. These costs were spread to the parcels within the boundaries of each of the Districts. Subsequently there have been certain parcels, which have been divided so they no longer conform to the original parcel boundaries. Once a subdivision occurs the reassessments must be apportioned to the newly created parcels. 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 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 within 30 days, the recommended next step is to apportion the assessment via Part 10 of the Streets and Highways Code. This method is known as the "Hearing Method". Under this method, the 5-2 1/13/09, Item Page 3 of 3 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 apportiorunent. 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 643-040-16-00 643-520-37-00 643-512-33-00 643-512-34-00 644-040-64-00 I 644-040-77-00 644-040-78-00 Newly Created APNs 643-040-17-00 643-040-18-00 643-040-19-00 643-520-57-00 643-520-58-00 643-512-73-00 643-512-74-00 644-040-81-00 644-040-82-00 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 Reassessment No. 1658-1 2. Reassessment Apportionment Report Reassessment Reassessment No. 1658-743 3. Reassessment Apportionment Report Reassessment Reassessment No. 1658-411 and 1658-412 4. Reassessment Apportionment Report Reassessment Reassessment No. 12649-02 District No. 2001-I Amending District No. 2001-1 Amending District No. 2001-1 Amending District No. 2001-2 Amending Prepared by: Arny Partosan, Administrative AnalystlL, Engineering Dept. M:IEngineerlAGENDAICAS2009107-13-091Reapportionment Agenda_121309_rev010809.doc 5-3 ATTACHMENT 1 Q DRAFT CITY OF CHULA VISTA REASSESSMENT APPORTIONMENT REPORT "REASSESSMENT DISTRICT NO. 2001-1" Amending Reassessment No. 1658-1 Prepared for: City of Chula Vista October 2008 5-4 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 ...................... S RESOLUTION CONFIRMING AMENDED REASSESSMENTS ..................................................................9 NOTICE OF AMENDED REASSESSMENTS ......... 10 5-5 SECTION 1 APPORTIONMENT OF REASSESSMENTS 5-6 Q H fO 2 x w umi o m G ~" N F Q Z y Z F V W ~ y N S - W V G N N W ~ U N Z N ~ Z W W R' Q m o 0 0 000 0 0 LL M M M ~ a°i w°'~w N a`r E "' J ~ C O Q ~ co ~n or rn m E vi of vi v C~ ~ N A O N OI p~ O O~ O O c a u~M~ a O~ ~ ui K .r.- m f00 W N N y O N 0 Q N d V a c m E m ya mmao ~ ~ ~ m N Z m 0 o O r co o~ = Q 4 0 0 v v v 0 0 ~ m y ~ ~E m m C W ' N N a y o d w v v O m is cFs d C m ~ m m ~ u Q C E d a a m w E o m a ~ ~ Z d a °o ~ J 9 a ~ oa O o 0 v 0 J C J ~p T .C C > n m o E v Z °' `° o m ~ w a E ~ O O ~ d ~ ~ `o U Q C 3 O O d rn a 5-7 SECTION 2 PRIOR ASSESSOR'S PARCEL MAPS 5-8 P ao ® ~ 0 m ~~ n~Y~ 00%6b! S M Pm O w fS w $ ~ °n u ~ < W b F O ^ W O J v k ~N ~I~ < 3 o ~: o BO- ~ m t'O-E>9 r 9 3 k a ~ ~ O n *~w ~ ~ ~ r_ ~ ~ s ~ ~ ~ a a„ W ~ $ " c _ _ n _ ~ > x c s a a q ~ o J a ~ @ h 0 « ~ n M Q ~ 0 Y 0 " m P ~m ~~ ~- ~ Ov< ~ _a 4 ^ ~ J d W Y Z ~~~x ~w l:l°.~R („ ~ . 6 ~ ~ B ?~ e`~ ~ ~ ~' h i:~o ~? yS~„ + ~, ~ '" t ~~ / ~ g ^ b R~~ < tl Jrd~ ~O vii ~~ WN ~- a~$ $ ~ 'R JU 44 x°44^ is F .':~~~ I 44 'i1 . A can ~ ^ ~ ~ % 1 ''~: 1 w 6 ; ay ~ ' o _ ; ~~ ~ $ r ~ w W ~ ~ T rv O m m J .~ T Z < m 2 2 ~ d O K W W K Q O ~~J 5 O Jo d °~ 2n ~m O^ =n Uo Z d~ ~~ ~ N ~^ m„ E~ ~i~ NQ` o& g~n~*m* h ~<m 5-9 SECTION 3 CURRENT ASSESSOR'S PARCEL MAPS 5-10 ® m Q PO co n~Y~ oarccr 3 e 0 I n a 4 m ~. 0 ~ m w z 0 8 o ~ r ~ ~'" n N 4 O w 0 J ~ N ~g g # s f N ~ T " ~ a ~ ~ ~ ~ a x ;;, , z_ s > g : s s a s 3 ~ p ~ .. r ' w A ?' r R .~ ~ a ~ c z Z n ' _ n _ o C R O n gy ,t p.. : a Y a ^ c ~. - ~ m o ~m } _.-~ ~ r s w ~w' O ~ .6 T,~ f4 . Q k`, W a c m _.a a d ~ ~ ~ (r ~ W ~ ~y ~~~~~ 9 Jltl .,gym '~ ~~O "- p N <~ _ e~a G $ n W JU 9 ~ d ,~', a ' ~/ ~n m Sa~t.^ ~ mil/ vii ~ m q'.~\l ~ .~,yh'`. i cb u a i c -. ® I \ ~ k } ~ ~ ~' r ~ ~ j ~ ~... \ Q $ 3 0 e 3 W W 'f m n m ? '^ N m ~ z z z 1 <m~o 80- mm LO-£i9 '~ O / ~+ \ aO~ Y w gOR ®m. K O w w H O ~K O J Jo Q °~ 2~ 7 ai n O~ U' 0 Qm ¢~ rn ni m~ rn~ ~~ W1, JI U 1 z°Oj, m e D ~/ ~ 8 Z ~~° ~ ~ wg7 2F `am SECTION 4 AMENDED REASSESSMENT DIAGRAM 5-12 w ~ ~~ .s~~a~ i~R ~~ ~ ~ s m ~ '. ~~a `e ~u ~W~2 ~~ N ~ ~ 5 ~ ~ ~ d~s~~b $ c~W~ 6a m ~ i ~ ~~u~ ~ ~ ~n~ E~ p ~ rc w a ~ 4 s~o~~W ~ f~ ~_~ i ~~ '-z . ~ ~3°e~3 ~ ~o~S roc i ~ ~ ~ ~ 8 a ~~ ~~S~~ ~. z ag ~ 8~ Z ~~ 8 a~ $, @ 4a p~ ~ ~4- `~w4 y ~ ~~ U' ~,' ,J I ~5 ~_ ~fr €~~-#a~ 'as s84u~~~s ~sa C r ~ +a O ~"~~ ~~ O ~ es ,~~' Q N ~,,,,„ ~ Z L N .~ r ~ W V ass °z ~ w z F /N^^ I~A > o o w V! N ~ N 6 N J W ~ c+OLL N /~ a O=W C 3 V, Q Z ~ G F (7 a W W U V y ~ w W W a ,~ ~ N ~ U W Q i` a ~ ~~~ ~qA~6~~ W / 8 ~. 1 '~ N ~ i 1 F s w ~ ¢ i m w $~m ~~ ~ I -= s ~ ,is, cn m off„ w3c!a° .~~ Z X45 ~8a'3°a m a O ~a as3 ~.u Z 5-13 SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENTS 5-14 RESOLUTION NO. 2008-278 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 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 OF CHULA VISTA APPROVING THE REPORT OF THE ASSESSMENT ENGINEERS AND CONFIRMING REASSESSMENTS WITHIN REASSESSMENT DISTRICT 2001-1", adopted by this Council on the l0a' 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 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 parcel. Presented by Approved as to form by Richard Hopkins Director of Engineering Bart C. Miesfeld Interim City Attorney 5-15 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 9th 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 2008-278 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of December 2008. Executed this _ day of 2008 Donna R. Norris, CMC, Interim City Clerk 5-16 SECTION 6 RESOLUTION OF PRELIMINARYAPPROVAL 5-17 RESOLUTION NO. 2008-279 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 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. 2008-278, 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 22nd 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 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 of land with respect to said Amended Reassessments; (ti)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. 5-18 3. January 13, 2009, 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 22nd day of August, 2001 in 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 fmally 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 (IS) 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 Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of December 2008 by the following vote: AYES: NOES: ABSENT: ATTEST: Cheryl Cox, Mayor 5-19 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. 2008-279 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of December 2008. Executed this day of 2008. Donna R. Norris, CMC, Interim City Clerk 5-20 SECTION 7 NOTICE OF HEARINCa ON AMENDED REASSESSMENTS 5-21 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 2008-279 and Resolution No. 2008-281 adopted on December 9, 2008, to all of which reference is hereby made for further particulars. NOTICE IS FURTHER GIVEN that on January 13, 2009, 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 at the City of Chula Vista at (~ regarding this hearing. Dated: , 2008 City Clerk City of Chula Vista County of San Diego State of California PUBLISH DA 5-22 SECTION 8 NOTICE TO PROPERTY OWNERS 5-23 N B S Local Government Solutions CERTIFIED MAIL 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): 643-040-16-00 Dear SirlMadam: The above referenced parcel(s) lie(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 tc 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, A payoff quote has been attached for your convenience 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 September 28, 2007. If you choose to do nothing City of Chula Vista will apportion the Assessment lien on your property on your behalf through the Public Hearing Method, and this will result in additional costs up to 52.020.00 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 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 costs to each of the newly created parcels from the subdivision. If you have any questions pertaining to this process please feel free to contact me at (600) 676-7516. Respectfully, A J , annon Ga 'a Resouroe Admi strative Assistant Enclosure Cc: Amy Partosan, City of Chula Vista 32605 Highway 79 South, Suite 100 Temecula, CA 925~r7ef'951.296.1997 I Toll-free: 800.676.7516 Fax: 951.296.1998 SECTION 9 RESOLUTION CONFIRMING AMENDED REASSESSMENTS 5-25 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENTS WITHIN REASSESSMENT 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 Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, this Council adopted Resolution No. 2008-278, 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 22nd 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 parcel; 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. 2008-279; and WHEREAS, January 13, 2009, 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 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001- 059919Q segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefts 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; 5-26 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: 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. 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. 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 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 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190 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. 5-27 Presented by Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of January 2009, by the following vote: AYES: NOES: ABSENT: ATTEST: Cheryl Cox, Mayor 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 13th day of January 2009. Executed this day of 2009. Donna R. Norris, CMC, Interim City Clerk 5-28 SECTION 10 NOTICE OF AMENDED REASSESSMENTS 5-29 Recordino recuested by: City of Chula Vista c/o N~B~S 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 After recordation, return to: City of Chula Vista c/o N~B~S 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 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 5-30 EXHIBIT "A" CITY OF CHULA VISTA REASESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NO. 1658-1 Old Reassessment New Reassessment APN Number APN Number 643-040-16-00 1658-1 643-040-17-00 165 643-040-18-00 8 1658B 643-040-19-00 1658C Owner of Record: Eastlake Company LLC Page 1 of 1 5-31 ATTACHMENT 2 ~. ~_ 33._~ G dJ'$A~ CITY OF CHULA VISTA REASSESSMENT APPORTIONMENT REPORT "REASSESSMENT DISTRICT N0.2001-1" Amending Reassessment No. 1658-743 Prepared for: City of Chula Vista October 2008 5-32 TABLE OF CONTENTS SECTION APPORTIONMENT OF REASSESSMENTS ................................................................................................1 PRIOR ASSESSOR'S PARCEL MAPS CURRENT ASSESSOR'S PARCEL MAPS .................................................................................................3 AMENDED REASSESSMENT D/AGRAM .................................................................... RESOLUTION ORDERING AMENDED REASSESSMENTS ....................................... RESOLUTION OF PRELIMINARY APPROVAL ........................................................... NOTICE OF HEARING ON AMENDED REASSESSMENTS ....................................... NOTICE TO PROPERTY OWNERS .............................................................................. RESOLUTION CONFIRMING AMENDED REASSESSMENTS ..................................................................9 NOTICE OF AMENDED REASSESSMENTS ............................................................................................10 5-33 SECTION 1 APPORTIONMENT OF REASSESSMENTS 5-34 a H CI S X w ~„ o~ N ~ ~ Z Z N_ ~ U Z 5~~ 7 W N f=j O W u' Z N ~Ww h y ~ U y ~ W Z Q ~ W Z ~ W Q d U C tb .m n m E Z a a O m a O d m t0 d V Q U J T C R 6 E 0 U d Y m N t0 W a O U d O Y C 3 O 0 d R a 5-35 SECTION 2 PRIOR ASSESSOR'S PARCEL MAPS 5-36 a ~ g ~A ~O N~~ ~~F ~~\S ~~N ~~~ ~~, k ~='~°~ ~ x ~ A ~ , ,m 9 9 ~ ~ ~ k .3 ~ a a a a a a a a a a a m e- a @ 8 gg 8 g g 8 3 @ g g 6 ~' ~ n ~ n ~ ^ § ~~ ~~ a aI a 4 a8 a S a A ` ` q ^ ` ~ 2 e _ z F a a . . 6 (} d S ~ n ~ { ~ W 1 i~ n a tea. Fm WWnm WU",m ~N OV 6°'~o'`JX ~~~~ o + n m Y ~ d ~ ~i ~a ~ ~' ~ _ ~ '~ i N a ~ i i ~a x ~g ~N i 'a dH ~ n d w e um $ a$ a~ ~ ~mn ~"' ty,°R ~$ QNY ~ma zoiO N im`~ imR z"m'y~{ rm"y' sm ' ~$yR~~ ~O-zm wn a°y~ R° rcQ~W rcn~ zmr °a ~~~ a ~icvsi o~io~^~gOR °~°~ ~~i°~ u~xG g€~Y~ S~x~ °°Oq S6~'65a ~~~~ ~#°o~~~o~ ~~o a z~~~~~oHU'~°.. 3N°.. ~xW° °.. ~NOO.. Bn°.. ~~2°S °NO.. u~°~ °u~°..°~o.. uwV F¢- VNO~ • N A r ~ ~ r r ~ ~ r N ry N ~~ w ~~l// S y ~ Q (a J ao is~ap 3NV~ -O, 664%d ax S,~ ~ Q ~ ~ n ~ 4yy tgaty R,yt9 wao O rO •u O ~ ~ 51.1.3N AVM N33a0 3 m. O G C ~ A „ ° « in 5 T ~~~ _ ~ ' ti3l ~Q ~ Y M ~j G ~ r a. CC N N = I=tl Q v ~ *,y~ ~ U S ~~ ` 8 -V a ~ x ~ m m Oa N33230 30NV0 s . m ~ ~ n a a ° ~ _ ' ~ ~ ~ ~ Y •- °i ~ 0 '? y+ : Z _ N ~OFS ° d a v~ ago ~a.¢ _ w - ~ n " ~G~ ~P ~. ~P~P 0 OHO .n s . N ~ ` G 5-37 .R'1 Uli QMY- d-id SYN MII SGLL~ WV Sf'~1 PL0400UEOILI SECTION 3 CURRENT ASSESSOR'S PARCEL MAPS 5-38 ~~~ ~ ~i N~ o<; I~ ~"a; t~F II ~~ ~ ox ~>a ~ N -~ ~-=•~ t s s a a a a % a s a~a a s e s s a ~ ~ ~ ~ € g eg '` ~~ ~ ~ ~ ' ~ ~ ~ e ~ ~ a ~ ~ ° c a a c c . z x n a a y~+ d 6 = x v # Y ~t i a 2 R c z z ^ e R ^ a p a : q { g . + fi . a fi a s ~ 5 ~ w g LL a ~ ~~ z m~ ~_~ °N ion ~r~ ~~^' ~ < 'c ~ ° rent rc~i wo~v, p 0 ~ itl itl ~tl o_oA 0i°w crow Z on ~m w a ~~°°~ ono„ ENO m N n a ° m ~ ~ N ~ ~ ~ µnµ~~ v n atl 2 e ~ i <_ m ~< j N d z =rv ~ a ~ nO rv z ~ uO< c ~xN s &nn W ~~ a r O$ dig t4i ;yo n $n+n 4 OR ao go 3~r ~ c~'N ~m r Wa a° V^c &a & ' !n _ rv ~ v _ I =n~ i~ m ~ ~ ^ i ar ho ~ ~ t t <pn~ ~y <~ O~~JA ozn~ ~Y _ Oz~~ ~ p o¢a~ o¢g~ ~' ~ rcO~O~ou oip° °0.°03, v i o 3 o 0s ~0 c o g g w°°d °~° o0 b~o~ ~` ' ~~ ° x ' ~ 00 oWW ~~tlf ii ~`~' o oo c0 ~`~~ N ~~M~ 3°~,u~ ~~o'~ ~~~~ . ~G,~',° uv°~ow'" a° n~ ~ u v r ~ ~u~ Uw p"VN G.J ~ ~ ~ . ^ ~ N [V tv N S q ~ _ _ _ ~ ~ , S ~ ~ f _ C IIYd /+ih 1S W ~` M < < 9B~eln~ _ .y ry~ ~ ~~ ~ ~ ~ .4 $tl O .e ~ ~ O I I ~ Z I ~ tO .. 1" ° ' ssoosnd,. ~ J ~f } " • ~'i ~R ~ rr, Ir ~ ~ ~ ~ M 2. ~ ~ _ wJ ~ ~ Y ~ n t Q J ~ Z • aV/• y J a ~ g ' ~ S 42V N332i~ 30N*l~ ~ _ N 3 o ~ ~ ~ e m n Or U ~ ~ ~ ~ ^ ~" ~ ~ ago ~ o ~ ~ ~ ~ ~ o: _ n Y 'r N m a_ ~ r,O m„ ii N a`.l" ~~ ~ ,ltlM H3321~ 31tl9_tl (~ • ~ .~ _ . `~ a SECTION 4 AMENDED REASSESSMENT DIAGRAM 5-40 LL g p O ~ <d Lw w£ ~ O w W b ~3.a isp `F.i m 3 ~ _ ~ vsS 3'~S ~°~a go w 5 ~ $ ~oi~`>~ ~ ~~Wg ~o ~ i 'z E €iu~_~ €~'~, ~o y W w z ~ 1 ~ ~~~ 9W ~68= 3 ~ ~ '~ ~~ ~~.G~a ~ ~ 3s =a Wn 5~ ~ ~E ~~a~xe~ ~~ =I~ o~ s~ F~ w II ~3 WG ~~~as~ r' ~ tt ~o.~ °~9 w v ,. s3 ..o e~ c~~~~~~ 'ate ~k4~~ ko~ °~z J ~($9 O !t~ ~° t iii ~~~ oZ ~ ~ ~ ~ ~ ~ ~ ~ W U ~°~ z ~ N W ~ ~ (~ ~ >zo w (n N ,gj y ¢ w s, N~ v o LL w t fn ~ ~z w w a Z ~ ~ ¢ ~ W W "~y ~ ~ s r,~ a'a} fA w I ~'' z W N a ,J ~ N w Q '1 a ~ ~' ,~ ej p3 o~/P ~ @ g i ~C ad m f ~ a m~' ~y~° Iff ~~ W i N ~ r E~6 N w¢ / / n~= I J m~ ~.s so ~ N ~sI eJ 1~IQ o9' ~2ts ~_ ~~1 z~? ~E_~s m °g"a "a= _ Z 5-41 SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENTS 5-42 RESOLUTION N0.2008-278 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 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 OF CHULA VISTA APPROVING THE REPORT OF THE ASSESSMENT ENGINEERS AND CONFIRMING REASSESSMENTS WITHIN REASSESSMENT DISTRICT 2001-1", adopted by this Council on the 10`~ 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-I, 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 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 parcel. Presented by Approved as to form by Richard Hopkins Director of Engineering Bart C. Miesfeld Interim City Attorney 5-43 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 9th 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 2008-278 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of December 2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 5-44 SECTION 6 RESOLUTION OF PRELIMINARY APPROVAL 5-45 RESOLUTION NO. 2008-279 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 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. 2008-278, 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 22nd 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 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: 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. 5-46 3. January 13, 2009, 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 22nd day of August, 2001 in 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 Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, Califomia, this 9th day of December 2008 by the following vote: AYES: NOES: ABSENT: ATTEST: Cheryl Cox, Mayor 5-47 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. 2008-279 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of December 2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 5-48 SECTION 7 NOTICE OF HEARING ON AMENDED REASSESSMENTS 5-49 NOTICE OF HEARING ON AMENDED REASSESSMENTS CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT DISTRICT N0.2001-2 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 ftled 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. 200]-2. The Reassessment Apportionment Reports have been preliminarily approved by this Board pursuant to Resolution No 2008-279 and Resolution No. 2008-281 adopted on December 9, 2008, to all of which reference is hereby made for further particulars. NOTICE IS FURTHER GIVEN that on January 13, 2009, 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 at the City of Chula Vista at (_) regarding this hearing. Dated: , 2008 City Clerk City of Chula Vista County of San Diego State of California PUBLISH DA 5-50 SECTION 8 NOTICE TO PROPERTY OWNERS 5-51 Niels Local Government Solutions August 29, 2007 Eastlake Company LLC 13500 Evening Creek Dr. N. Ste. 400 San Diego, California 92128 RE: CITY OFCHULAVISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT APPORTIONMENT REQUIREMENTS FOR APN(sJ: 643-520.37-00 Dear Sir/Madam; The above referenced parcel(s) lie(s) within the boundaries of City of Chula 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 Iwo options to proceed: 1) Payoff the Reassessment lien on your property in full, you can obtain a payoff quote by calling N~B~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 Chula Vista by September 28, 2007. If you choose to do nothing City of Chula Vista will apportion the Assessment lien on your property on your behalf through the Public Hearing Method, and this will result in additional casts up to 52.020.00 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 properly 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. ff 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 costs to each of the newly created parcels from the subdivision. If you have any questions pertaining to this process please feel free to contact me at (800) 676-7516. Respectfully, annon Ga a C~(~--' Resource Admimstrative Assistant Enclosure Cc: Amy Partosan, City of Chula Vista 32605 Highway 79 South, Suite 100 ~ Temecula, CA 925~~Yefr 951.296.1997 ~ Toll-free: 800.676.751fi ~ Fax: 951.29fi.1998 SECTION 9 RESOLUTION CONFIRMING AMENDED REASSESSMENTS 5-53 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENTS WITHIN REASSESSMENT 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 Chula Vista, caused the fotrr~ation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, this Council adopted Resolution No. 2008-278, 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 22nd 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 parcel; 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. 2008-279; and WHEREAS, January 13, 2009, 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 22nd 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 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; 5-54 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. 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 ]0 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 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 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190 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 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. 5-55 Presented by Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of January 2009, 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 13th day of January 2009. Executed this day of 2009. Donna R. Norris, CMC, Interim City Clerk 5-56 SECTION 10 NOTICE OF AMENDED REASSESSMENTS 5-57 Recording requested bv: City of Chula Vista c/o N~B~S 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 After recordation return to: City of Chula Vista c/o N~B~S 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 NOTICE OF AMENDED REASSESSMENT REASSESSMENT DISTRICT N0.2001-1 AMENDING REASSESSMENT NO. 1658-743 Pursuant [o the requirements of Section 3114 of the Streets and Highways Code of Califomia, 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"d day of August, 2001 in the office of said County Recorder in Book 35, at Page 36, Document No. 2001-0 5991 90 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 5-58 EXHIBIT "A" CITY OF CHULA VISTA REASESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NO. 1658-743 Old Reassessment New Reassessment APN Number APN Number 643-520-37-00 1658-743 643-520-57-00 1658-743A 643-520-58-00 1658-7438 Owner of Record: Eastlake Company LLC Page 1 of 1 5-59 ATTACHMENT 3 Q 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 5-60 TABLE OF CONTENTS APPORTIONMENT OF REASSESSMENTS ....................................................... PRIOR ASSESSOR'S PARCEL MAPS .............................................................. CURRENT ASSESSOR'S PARCEL MAPS ........................................................ AMENDED REASSESSMENT DIAGRAM .......................................................... RESOLUTION ORDERING AMENDED REASSESSMENTS ............................. RESOLUTION OF PRELIMINARY APPROVAL ................................................. NOTICE OF HEARING ON AMENDED REASSESSMENTS ............................. NOTICE TO PROPERTY OWNERS .................................................................... RESOLUTION CONFIRMING AMENDED REASSESSMENTS ......................... NOTICE OF AMENDED REASSESSMENTS ..................................................... SECTION 1 ................. ........ 2 ................. ........ 3 ................. ........ 4 ................. ........ 5 ................. ........ 6 ................. ........ 7 _8 .9 10 5-61 SECTION 1 APPORTIONMENT OF REASSESSMENTS 5-62 N V W b r ~ O '- O ~ N V ads ~Z~ y F > U ryj 5~$ ~ Syr fG = ~ Z U W LL W O W N N F N y C1W N N W a ~ W K Z 2 W a a J t0 J _m L U N m Vi d Y y f0 W a O U d O d C O 0 m a 5-63 SECTION 2 PRIOR ASSESSOR'S PARCEL MAPS 5-64 W.ya~~muucm. ~ ~ pp NO ~R 'M ^m ~Kh Ug ~~=rn Vf ~~ 8N .'{ ~~ N N b ~ N J Qv ~~ /lf ~ ~Q OOY'G r ~m <. e ~:4 ~I h1:J *~tis e.~ m s M°~-° v` i M® 1J I ~ ~ a` ~, ~{ ~` aado. ~~ y~ ~R `~ n$ ~ ~ P 4 ' < ~ ~ , O ~ 3 prM~ a r+ ~ «M al^J a M® !' 1< _ R a*"' ld 3JOIN OH~3 ~ S a N~ w as ~ ~/ n HO a~ "~ ~O~ mn a v ^~ W ~~ o ~ ~ O T U W ra V ~~ d J N n` <^ 4 ~ u~ n r ,4e i~ + u•, -(yy 3~oiy ~. F oy~ `x 3 aO 9 ~/l $ { w a Oi N x a H 5 1~ __ ls~'~J Y J'J~6,) a w 0 i 0 O Z r a N 5 Q J 2 V O °< Q r mxinm rs+wmwnc«,ras xm w~.iam wx bn s¢WU S.umtsv woxs nwweo,.wax nu mi c~mvawfema .en sawn ixrsvm ixe cram~mar ua Wd 96~OL l~ SaOZlLW90 SECTION 3 CURRENT ASSESSOR'S PARCEL MAPS 5-66 ~w o ^o M aN II NN -~.~E.`~ 3 f N N ~p F- N N ~, 1 ?P~~ ~`~r o"°~?`' v ~~ ~bM e ~of~ 0~3 a "n Sa gb x ppl~y m j ~V ' ep Q- 2 O) ~ ~ v ~.l'J~ N ~ 6 ,~n/~ "'~ '~J a a o ~ '~S sy ~~b ~"y4' S 5 an, LLar ld 39 ~ ~ __ n + c 0121 0HJ3 `q~ w w H q: ~ Y Y } ru ~ A ~® x f ~ ^0 [ \ QQ a ~ ~.: OO J w w s rt ~ "'cl ~~~j O O 9 ~ ~~... d, J I I 00 1 Y Sw ~~s z Z + N }~.,.,~~ n d vv1 r- 1U-F rv \f/~ Q¢ F- ~ Yin S 5 _ ~ U J J O ~ ~ ~ Op U U O ~ y ov W N N a N_d_ as as r ~~ 5-67 Si`NiNSp 9NOYd tl0 fp5fW2f6'IY~T NIIY A'iAW lOiF AM SRlrid SN7Sffi1' 'NM016 ttM 31l A l~Yb'IWY 3N1 IAi ®A6SY 51 AL16Y11 ON 'AYp SEO~M 1N116S~Y U1A ®ffditld SM dYA S1U SECTION 4 AMENDED REASSESSMENT DIAGRAM 5-68 LL S "o$z r ~ s w si ~~ ~ d$ o w w ~ a Fo~w ~ `~C z % «~~~c ~~ ~0 3 m W ~ ~ ~ ~~~$~~ ~ ~wa~ ~y ~ 4 w ~ gWg a W `~'~ ~~ ~ ~~~~m LLj ~€ z ~ ; ~ 2 c t yG 3 ay ~ ~~° ~ 1 ~ ~~ ~~ s~~~,a3 :~=LL ~€ ~~ 3 Q3LL`„PO pa z y3 ~`o ~~ W ~ ~a~ +I1 ~c ~$ 3a~~'€ ~~ os e~ C a'y O 1. ~ ~~ e~ :~`m~ tt s ieyy ~~3 oy W ( V 3 c~ 3 s »y~3 as ~. -~ , T ~ ~" y r a ~ oO ~3~ ~? Y ~`?~~~ Q „ N ~~ A ~ Qk~ Q O h t Z eG ~ l f ~"~ W~ ~~ 1 C y W G > p O y Il~~ I ~ N guai¢ ~ 3 ~~ I11 ' A 2 LL U = ~, Z W O ~'--°.~ V N p U~ W W ~ ~~ V/ ~ O Z W N ~f o 3~vtaaoaw o~3 Q~ ~ 7 Q y z `` - W Wc U O N y f('/~ ~ ~N Z ~ ~~~ v/ ^ 1 V a W Q a ? ~ W Q Q. 8 . `s ~ 4 $sm ^'.w S-S w n~: M1 ~ ~ RiA :~ d e~° N N ~ a9 y W $F$ W N - C 4 y C r O7 8~ N 'a se "'~ w `' ~ ° z -~'Na ~g-: ~'~~ --w aW~"5 X33 m s a: Z 5-69 SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENTS 5-70 RESOLUTION NO. 2008-278 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 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 C[TY OF CHULA VISTA APPROVING THE REPORT OF THE ASSESSMENT ENGINEERS AND CONFIRMING REASSESSMENTS WITHIN REASSESSMENT DISTRICT 2001-P', adopted by this Council on the 10"' 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 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 parcel. Presented by Approved as to form by Richard Hopkins Director of Engineering Bart C. Miesfeld Interim City Attorney 5-71 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 9th 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 2008-278 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of December 2008. Executed this day of 2008 Donna R. Norris, CMC, Interim City Clerk 5-72 SECTION 6 RESOLUTION OF PRELIMINARY APPROVAL 5-73 RESOLUTION NO. 2008-279 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 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. 2008-278, 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 ftle 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 22nd 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 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 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. 5-74 3. January 13, 2009, 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 22nd day of August, 2001 in 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 Califomia; and that reference is made to said Reports for further particulars. Presented by Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, Califomia, this 9th day of December 2008 by the following vote: AYES: NOES: ABSENT: ATTEST: Cheryl Cox, Mayor 5-75 Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CFIULA VISTA I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do herby certify that the foregoing Resolution No. 2008-279 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of December 2008. Executed this day of 2008. Donna R. Norris, CMC, Interim City Clerk 5-76 SECTION 7 NOTICE OF HEARING ON AMENDED REASSESSMENTS 5-77 NOTICE OF HEARING ON AMENDED REASSESSMENTS CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT DISTRICT N0.2001-2 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 2008-279 and Resolution No. 2008-281 adopted on December 9, 2008, to all of which reference is hereby made for further particulars. NOTICE IS FURTHER GIVEN That on January 13, 2009, 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 at the City of Chula Vista at (~ regarding this hearing. 2008 City Clerk City of Chula Vista County of San Diego State of California PUBLISH DA 5-78 SECTION 8 NOTICE TO PROPERTY OWNERS 5-79 N~B S Local Government Solutions May 29, 2007 Eastlake Vistas -Chula Vista LP 1250 S. Grove Avenue Barrington, IL 60010 RE: CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 REASSESSMENT APPORTIONMENT REQUIREMENTS FOR APN(s): 643-512-33-00 8 643-512.34-00 Dear Eastlake Vistas -Chula Vista LP: The above referenced parcel(s) lie(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 fling an Amended Reassessment Diagram, a Notice of Amended Reassessment, and reconfiguring the odginal lien amounts to the newly created parcels based upon benefit received. Our files indicate that fhe 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 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). If you choose not to respond to this request City of Chula Vista will apportion tha assessment lien on your property on your behalf through the Public Hearing Method, and this will result in additional costs ua to 52,020.00 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 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 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) 676-7576. Resp ly, L S non Garu+ v' t._r ource Admi trativ Assistant Enclosure Cc: Amy Partosan, City of Chula Vista 32605 Highway 79 South, Suite 100 Temecula, CA 9259 tIVI:M51.296.1997 Toll-tree: 800.676.7516 I Fax: 951.29fi.1998 SECTION 9 RESOLUTION CONFIRMING AMENDED REASSESSMENTS 5-81 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENTS WITHIN REASSESSMENT 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 Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, this Council adopted Resolution No. 2008-278, 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 22nd 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 parcel; 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. 2008-279; and WHEREAS, January 13, 2009, 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 22nd 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 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; 5-82 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: 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 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 22nd day of August, 2001 in Book 35, Page 36, Document No. 2001-0599190 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. 5-83 Presented by Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of January 2009, by the following vote: AYES: NOES: ABSENT: ATTEST: Cheryl Cox, Mayor 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 13th day of January 2009. Executed this day of 2009. Donna R. Norris, CMC, Interim City Clerk 5-84 SECTION 10 NOTICE OF AMENDED REASSESSMENTS 5-85 Recording requested bv: City of Chula Vista c/o N~B~S 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 After recordation. return to: City of Chula Vista cJo N~B~S 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 NOTICE OF AMENDED REASSESSMENT REASSESSMENT DISTRICT N0.2001-1 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 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"O day of August, 2001 in the office of said County Recorder in Book 35, at Page 36, Document No. 2001-059919D 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 offce 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 of Chula Vista, San Diego County Date 5-86 EXHIBIT 'A" CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-1 AMENDING REASSESSMENT NOS. 1658-411 8 1658-412 Old Reassessment New Reassessment APN Number APN Number 643-512-33-00 1658-411 643-512-73-00 1658-411/412A 643-512-34-00 1658-412 643-512-74-00 1658-411/4128 Owner of Record: Eastlake Vistas -Chula Vista LP Page 1 of 1 5-87 ATTACHMENT 4 Q DRAFT CITY OF CHULA V-STA REASSESSMENT APPORTIONMENT REPORT "REASSESSMENT DISTRICT NO. 2001-2" Amending Reassessment No. 12649-02 Prepared for: City of Chula Vista October 2008 5-88 TABLE OF CONTENTS SECTION APPORTIONMENT OF REASSESSMENTS .................................... PRIOR ASSESSOR'S PARCEL MAPS ........................................... CURRENT ASSESSOR'S PARCEL MAPS ..................................... AMENDED REASSESSMENT DIAGRAM ....................................... RESOLUTION ORDERING AMENDED REASSESSMENTS.......... RESOLUTION OF PRELIMINARY APPROVAL .............................. NOTICE OF HEARING ON AMENDED REASSESSMENTS .......... NOTICE TO PROPERTY OWNERS ................................................. RESOLUTION CONFIRMING AMENDED REASSESSMENTS...... NOTICE OF AMENDED REASSESSMENTS .................................. 5-89 SECTION 1 APPORTIONMENT OF REASSESSMENTS 5-90 H m_ S X w N O N p~ m O N N f O Z N_ Z ~ U Z w J ~ ~ ~ y N t=j~ W w Z N O W H ~ U y (~ W Z Q ~ W Z ~w Q m °0 0 °o m C ~ ~ ~ N d ~ E w a ~ J p O a Q n .. ~ m E m ~ n m C ~ m ~ ~ ~ N N fR W O~ d °' °' ° ~ N i11 m d ` W N ~ u a C d E u N o 0 M m ~ m E m ~ N Z N N C O O ~ N 3~ wm o 0 y a Z Q O O J ~~ ~ ~ O F- y °o o M M M O C ~ ~ ~ ~ d V ~ N O ~ ~ A p d A m ~ °O d ~ O p V ~ Q c p ~a N o m i ~ Z N m O O O V ri ~ Z co r ~ V a o o O Q Q V V V O O O a Q 7 C J f0 t0 (p Q H O N N m 3 m O N N O 0 N m 0 V O v z Q `o 0 d ~ a c ~ m ~ ~ E m p r u N 9 L_ C L .3 N d N a m O c i ~ t C n ~p c L J _ 'Y G o m 9 LL N V a O m d N R' ~ O U d 3 ..., O 5-91 SECTION 2 PRIOR ASSESSOR'S PARCEL MAPS 5-92 a ~ a~ n o p I <~ ~O ~ N a alt W N J . .... .~ CFO-aw ... - - .. ~ mFlP. - . n' 9Z'pl'EY ~ _ sv.~ ~"P$ a• o °, n ~ 'ti T _ s a: A i rv q o to . G , .fi.~ i m i. Q o i 21 ' ~-xtx.a. ~ u ~ IW ~ K 4 O$ NYi OCW 4N . t Me ~ . N .~ W ~ re~~ ~ .._ r . ': ~ ro tyy ~ y 9 ~tr''e`^ tx.. ~ h .. ( \~. ~~. J. d t ~ ~ Ga +a h tea` -~ . ~Q r ~. ) ta$ ~^F~ ~ 1.M -zm U (Ci' ~f~x, rim .am n.4 ~ ~~ ~1S `?w.~~^^. ..SQ>es <yo :'Y~~) ¢ ~~ i MX7 \. ~ i;lC~' i> m w }} J eo J`f o w F N i C~Z M seL~ so e93aL stsz< ZZ(Z Sa 3L311 ~ a ~ £r8l LO 3<35L 4 L3C~ SO tL-£L 69399 ,epl Sa 'l~q Hi3C£ £ftl SO it-39 G8349 n9c~ xo ro3a4 ca3£s 99a!• oa sa-o4 ar rrsi ro w. u ai CC3r fl6 ~' 01 ar~I % /1F~ *b L-3 atra> ztai o6 55 slu cmG br >r *s isKl //LY fS T.~ F/ p79} FF ~°.~ l / 2 ew e'p >° r fI 8eT/I 6 ~ 1R3 A M3N Ctt1 A19 53'JNVH~ ~w: ~xr asr sooz/o9/n N f i Y a N f aU W J Q J_ U Q ~ W Q s `_ i ~~ Y ~6 m N of - : Id. N I ~ Z N - ra t ~ ' Aa'` yR ~ n ~ ~a ~~ T a ~~ j t w t ` m • Y ~ 6 O P t, ~ ~~ ~ - ~ ~m ~- ti oY . 4N ,2 ~ ~' t ~ ti Oon 2 a C a' `^ O e / S / t / ~ . ~ W 4J ]i i i n.,: ~. S~~": ~f . JU 1 $ h~ J a v 3AV ~avd ~ ~. u ice: v ~ x~°•.?~ o ' ° of nv , F.? + s i ~~,~ = a N ~ ~W ..Y~. t y ~~~ ~: ~G.S4~S3a3 ` ~ Y ' 2 H E~ ~ 7..a K„ ~ C t ' ` ~' y~ x x v ~ ld N~Jb d oln~ -~ l_ a ~ ! ` -~ °g:- - ". } ~; ~ ei o N N f!1 O 0 r N~ \ ~ Zp N 3 t0 ~~ N `n m F~ N ma W 0 (n. D_ O x } N P r w b U ~ rv = ~ "nv a u. • -+~,;~• ce-na ~ a.. a Q ~ j" 3.1..91DH m n 2 ~ - ak c m N Oa, ;~. n n a m 6 Q I O G1 =~ 6 Q Ue 019 b P ~ • ' ~~. h ~~ m F c ,~., ~ tl ~ .. ' ~ .~ N AY " • ~ r:x a. 4~.tdNVYlAa^ ...~ ~ ~ rv . ~. x : ~ one ~m~ $R$'n ,°. oooae ,,~ r: + h~~~o oh ; ~~~ ~ a~ .~ <m~ow:~~;x~~~ae~h.~ ~ i ;.n eve l i' "F ~ ,°,~ v r q e # rF R O m ~ i ^ ' 1 ~n ~~~} ~3, SIl .Yi° ~ a 3 b 2l34NV310 "_ "~ .l N ' (`N µi ~[ ~ N ~ IF N N Z ~ m N ~ N i 5-93 r 0 040-949 SECTION 3 CURRENT ASSESSOR'S PARCEL MAPS 5-94 u ~ ~rv z?FO.ON la's -.o .. ...... .. .. .. - ~~ wy r ,~ ® '° ~ ,C~[ •~i ~ O ~ s,~. ~.` to Im af[Etna r•,x vi ~W - T = w~~ - n ti 4 3r :~ a ~~`~ R ~'k ^wfE_ ~ .\, \*ri ..scxm.l • T~2f'Y- f j ~ ~ ~~.. 'JAY: ]T awl oa zww K CELL 4P OB3 LLiY iLiL SP BteG[ ~` LMr YBLt s8 SP 9LYSL YPL[ It 63P0 586r 5a TM aCBLZ ZkYt SD R-Be OFDB DKKr m LOa9 SBALB ES61 Op SB-Z8 9Y H6{ p Vr S19Y ~LD 86 ~ rn az _ q /LDr {l - X Ml~ Zi81 ~ 5 5/lS l1Cl {{ tY Of Miff NL4 f6 f! fX .,.' ' / 32Z Ta "^ : fiY r 1d ar. Ih LF' !Q Nfr /d Fi ~ [[ T .~ K' HB/f /i 107 k M3N O1O 'IY 53 °JN VN~ !5Y 1CWPlN1 r Q O n E~ m ~ v ,o ru ~ N Cbd-449 .: ~1. .~ ~.. ! ET~~y '..g. l ~„~ Q s :.:. g t:1 g s s " ~' ~,"' I 6~~-!•=fit j : ~'~ €z~ _ ~f_ m9. ~4 ,g/` S,g ... slp_ O r N M 0 m m N 0 r Nr ~m ?N M1 ~ 3m aN NN ~~ 1- ~ N mm wO U1Q m u a~ 3 ~ ~ 'w' a f m ~ ,Is '~ ~ ,~ ~j-K g B } 9012 i Wd I, [R'.~9 M3C1 m U T ~ ~ 3..l t.GIJN: u~~ nA M1 S~p N ~ O n ,'. . ~ P `« ~' I. I ~ ~M ~£ y ~ Y~ S /I ~ t O ~d .R ' w htAOtJtiaAa ~ m„~ ~ ceare u... :~~ ~%ya ' C^o f A z i ~ ~ o 6 `O ~~ '~w r W ° "g~~+~ 5s f :!1 e~"ii3 LW'St ~ f >3k>N ~ r.N-. zz . a~ r' `rC ~ ~ ^ m .'4_f n^m Y m 9° G S- C . \NJN I n= . _ i n _ i n 3 a ~y 3;33333w3;3 3~3~3;~ s3R*ka == ~~"RE °`s s~ a34NV3~O ' „ - mamb SFr _r, •~m °z a i~i'i i i 99 a . 1 u, zz u, u ~mzz :6:yx Jizida m~~ 1mdeW ~ ,u, I ~ ~ w N ~ ~m ~a 'u w J Q J U Q N W ~ o~ tl „s ~ E em ~ b ryk $ m ~ 'eye," 2 J c7 N 4~ ~ p e¢ ~$ ea ry N bq sO T•l Q U N e a "' ~ O'ma n 5 ca Ze « h n~ dX_ ~ t• W °m¢ QJ ~n J U ~" 0 0 oz ~ y 3~V ~iaYd~ Olfltl- W ~ ZJ *i » ~> -~d Havd-- ;1 y s.' in I 9~ V 2 9 ( a `;I ,m ~ypyyU 6 I /6~< J¢ n« FR-NNNV b p ~ h SECTION 4 AMENDED REASSESSMENT DIAGRAM 5-96 LL 3 ~ ~ 33 a ~ p x ~ ~'.'.z46 m~ ~3a o~ i F l dVi O iy~z ~ 5 h ~ ~p~as 3_ w~~~ Go uFi m LL81 o w ~ .~4~~~~ `u ~.a key 34 ~°s~"~ ¢ i 'w ~ n E fag 1~°~ u~ ir~FS W u~ ~ W u ~ ; %a ~~o s _ ~jo~~ , ~o p p w < < y ~ N 3 K'y g~ 9 3 ~ oz ~§ ~ a ~ 3 ~ w ~ Y ai ~ a I a ~~ ~~ ~ ~o ~£a use ~~ ~ ~ ~ wf i I~i ~' ~B ~`o ~3 ~~~Fa 4 L~ { _R acv a'S gv FW, J) I C ~ 1 G N_ ` ~ a o E ~ ,~. I ~ $~ lg 5~ O ~'aA_~' a ; ~ r i I W U_ a~a d til j c o Z ~ 1 N~ g y¢ N ~ ~ 0 2 LL U m ~ I W LL U ~ N y \ VI ~ °ir w \!~ ~~;i NW WW " " N a /i~ (~ ~ ~ Yr ~i~//~~~ Z )f r^q~ f^`~ V/ ~ ( ~a~ X31 W W a , ~~ ! , W Q J (, Q ~ ~- i s ~ s ~„-_ w3 y¢£~ E" N W SE°m Q ( nr^= N ~33FC ¢¢ ls$ N i se Q e e ~' WOSeS Z~$9 °333 =3i m E Z- 5-97 SECTION 5 RESOLUTION ORDERING AMENDED REASSESSMENTS 5-98 RESOLUTION NO. 2008-280 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 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 No. 2001-2.", adopted by this Council on the l0a' 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 ftled and recorded with the City Clerk of the City of Chula Vista, County of San Diego; and certain parcel of land designated as Reassessment Numbers 12649-02, 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. 2001-2, 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. Presented by Approved as to form by Richard Hopkins Engineering Director WHEREAS, Bart C. Miesfeld Interim City Attorney 5-99 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 9th 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. 2008-280 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista Ciry Council held on the 9th day of December 2008. Executed this day of 2008. Donna R. Norris, CMC, Interim City Clerk 5-100 SECTION 6 RESOLUTION OF PRELIMINARYAPPROVAL 5-101 RESOLUTION NO. 2008-281 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PRELIMINARILY APPROVING AMENDED 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. 2008-280, entitled "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", 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 Numbers 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 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. 2001-2, 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 Reassessment; (b) the apportionment of the total amount of the costs and expenses of the proposed Amended Reassessment 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. 3. January 13, 2009, 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 5-102 this Council will heaz any objections or protests to said Amended Reassessments for the Reassessment Numbers 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 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 Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of December 2008 by the following vote: AYES: NOES: ABSENT: ATTEST: Cheryl Cox, Mayor Donna R. Norris, CMC, Interim City Clerk 5-103 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 9th day of December 2008. Executed this _ day of 2008. Donna R. Norris, CMC, Interim City Clerk 5-104 SECTION 7 NOTICE OF HEARING ON AMENDED REASSESSMENTS 5-105 NOTICE OF HEARING ON AMENDED REASSESSMENTS CITY OF CHULA VISTA REASSESSMENT DISTRICT N0.2001-1 REASSESSMENT DISTRICT N0.2001-2 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 ftled 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 2008-279 and Resolution No. 2008-281 adopted on December 9, 2008, to all of which reference is hereby made for further particulars. NOTICE IS FURTHER GIVEN that on January 13, 2009, 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. Dated: at the City of Chula Vista at O regarding this 2008 City Clerk City of Chula Vista County of San Diego State of California PUBLISH DATES: 5-106 SECTION 8 NOTICE TO PROPERTY OWNERS 5-107 I~I~~S Local Government Solutions VIA CERTIFIED MAIL June 24, 2008 Fask Land Inc. P.O. Boz 2008 EI Cajon, CA 92021 RE: CITY OF CHULA VISTA REASSESSMENT DISTRICT NO. 2001-2 REASSESSMENT APPORTIONMENT REQUIREMEI APN(s): 644-040-78-00 To Whom It May Concern: ~EERTiFiErI~t~FE:,~;RE~E{ ru - .L Poslaga 5 ° 0 ea~ae Fee ~ FlaturanoceptFae Posanatk (Endoraomm~[ Heirydrod) Nara O AaaMCetl 4arr+?!Y Foe r (EnCarcemant Requiretll ~l fLl Tote) Postage 8 Fora $' p SMt to ~ ,.(,-~- o ~ ~S1Y_~(R' The above referenced parcel lies within the boundaries of the City of Chula Vista "REASSESSMENT DISTRICT NO. 2001-7'. Whenever a property subdivides in a 1915 Act Assessment District the reassessment 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 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 N~B~S 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 8'/i' x 11" reduced copy) by July 31, 2008. If you choose to do nothing, which is not recommended, The City will take an alternate route. The City of Chula Vista will apportion the reassessment lien on your property on your behalf through the Public Hearing Method, and this will result in additional costs un to 82.060.00 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. Res ctfully, ~~y~• WYn~'~-~ annon Ga ' Resource Analyst Enclosure cc: Amy Partosan, City of Chula Vista 32605 Temecula Parkway, Suite 100 ~ Temecula, CA 92692 ~ Tel: 951.296.1997' Toll-tree: 800.fi76.7516 I Fax: 951.296.1998 3_n~~ ., !_.. i ._ .. _ __ .~. _. ~ ~.._. 5-108 SECTION 9 RESOLUTION CONFIRMING AMENDED REASSESSMENTS 5-109 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENT WITHIN REASSESSMENT DISTRICT NO. 2001-2 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 adopted Resolution No. 2008-280, 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 the Reassessment Apportionment Reports (the "Reports"), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Number 12649-02, which were 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 parcel; 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 No2008-281; and WHEREAS, January 13, 2009, 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 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 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; 5-110 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. 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. 2001-2 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 24~' day of January, 2002, Document Number 2002-0062081 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 22nd day of August, 2001 in Book 35, Page 37, Document No. 2001-0599257 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. 5-111 Presented by Richard Hopkins Engineering Director Approved as to form by Bart C. Miesfeld Interim City Attorney PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of January 2009, by the following vote: AYES: NOES: ABSENT: ATTEST: Cheryl Cox, Mayor 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 I3th day of January 2009. Executed this day of 2009. Donna R. Norris, CMC, Interim City Clerk 5-112 SECTION 10 NOTICE OF AMENDED REASSESSMENTS 5-113 Recording requested bv: City of Chula Vista c/o N~B~S 32605 Temecula Parkway, Ste. 100 Temecula, CA 92592 After recordation. return to: City of Chula Vista c/o N~B~S 32605 Temecula Parkway, Ste. 100 Temecula, 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 22 day of August, 2001 in the office of said County Recorder in Book 35, at Page 37, Document No. 2001-0599257 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 fled 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 subject to the amended assessments. City Clerk, City of Chula Vista, San Diego County Date 5-114 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 12649-026 644-040-78-00 12649-02 Owner of Record: Fask Land Inc. Page 1 of 1 5-115 RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT 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 Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS on July 10, 2001, pursuant to the Improvement Bond Act of 1915 the City Council approved and confirmed the reassessments for Reassessment District No. 2001-1 through Resolutions 2001-211 to pay for the costs of acquisitions and improvements; and WHEREAS subsequently there have been certain parcels, which have been divided so they no longer conform to the original parcel boundaries and once a subdivision occurs the reassessments must be apportioned to the newly created parcels. WHEREAS, this Council adopted Resolution No. 2008-278, entitled "Resolution of the City Council of the City o£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 22nd 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; 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. 2008-278. WHEREAS, January 13, 2009, 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 22nd 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 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 1\AVOrney\FII:AL RESOS\2009W11399Viesai ConArmAmendASSess?001-Ldoc C_1 1 C 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; 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. All written and oral protests aze hereby overruled, and this Council has thereby acquired jurisdiction to order said Amended Reassessment 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 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 22nd day of August 2001 in Book 35, Page 36, Document No. 2001-0599190 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 22nd day of August 2001 in Book 35, Page 36, Document No. 2001-0599190 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 therof, executed by the City Clerk of the City of Chula Vista thereon. The Superintendent of Streets will record the Amended Reassessment I:Wnomey\FIYAL RGSOS\2o09\011309U1eso1 ConFrmAmenddssess 2001-Ldoc C_1 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. Presented by Richard A. Hopkins Director of Engineering Approved as tq; form by C. f\Atlorney\FINAL RESOS\2009\OI Il 09Viesol ConfrmAmendASSess 20a 1-Lilac 5-1 1 8 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT 2001-2 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 on July 1Q 2001, pursuant to the Improvement Bond Act of 1915 the City Council approved and confirmed the reassessments for Reassessment District No. 2001-1 through Resolutions 2001-212 to pay for the costs of acquisitions and improvements; and WHEREAS subsequently there have been certain parcels, which have been divided so they no longer conform to the original parcel boundaries and once a subdivision occurs the reassessments must be apportioned to the newly created parcels. WHEREAS, this Council adopted Resolution No. 2008-280, 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, 168-743, 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 Reassessments in accordance with the benefits to the several parts of the original parcels; and WHEREAS, said Reports were duly made and ftled 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. 2008-280. WHEREAS, January 13, 2009, at the hour of 6 o'clock p.m., in the regular meeting place of this Council was appointed as the tine 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 22nd 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 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 MAnorney\FI4AL RESOS\2009\Ot ^09Vieso3 Con&mAmendASSess 2001-2doc 5-11 9 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; 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 1. All written and oral protests are hereby overruled, and this Council has thereby acquired jurisdiction to order said Amended Reassessment 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 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 22nd day of August 2001 in Book 35, Page 36, Document No. 2001-0599190 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 22nd day of August 2001 in Book 35, Page 36, Document No. 2001-0599190 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 Califomia. 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 therof, 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 ,,~«o,~er~mA~~sos~oo9~0~ ~,o9~e~i ~o~~,m4me~aa=,~„~oo~-zao~ 5-120 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. Presented by Approved as to form 1 ~ i ,~~ ~' Richard A. Hopkins C. M'esfe Director of Engineering City Attorney hWnomey\FMAL RLSOS\2009\01 13 09Vtaso2_CoofirmAmendASSess 2001-Z dac 5 _ ~ q CITY COUNCIL AGENDA STATEMENT ITEM TITLE: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO Iii IPLEMENT THE BUDGET REDUCTION PLAN EXCLUDLtiG THE PROPOSED CLOSURE OF P.~RKWAY POOL AND GYMNASIUM B, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE BUDGET REDUCTION PROPOSALS FOR THE CLOSURE OF PARKWAY POOL AND GYMNASNM SUBMITTED BY: CITY MANAGER REVIEWED BY: ASSISTANT CITY ANAGER ~ ~ - 4/STHS VOTE: YES ~ ivO SUrIVLARY Current revenue and expenditure projections indicate General Fund budgetary shortfalls of $3.9 million and $20.0 million for fiscal yeazs 2008-2009 and 2009-2010, respectively. In early December, the Interim City Manager submitted a budget reduction plan for Council's consideration. This plan was the subject of the December 4, 2008 Council Budget workshop and the December 9 and December 16, 2008, and January 6, 2009 Council 1~Ieetings. The plan before Council tonight has been updated by the City Manager to reflect additional cost saving measures, including department reorganizations. Approval of the resolutions will authorize the City Manager to begin implementation of the budget reduction plan. The budget reduction plan identifies sufficient expenditure reductions to correct the stnictural imbalance in the General Fund. 6-1 JANUARY 13, 2009, Item p Page 2 of 8 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the action only involves fiscal issues which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. RECOMMENDATION That City Council approve the resolutions with Council Member Castaneda abstaining from Resolution B. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The City is projecting budget shortfalls of $3.9 million in the current fiscal yeaz and $20.0 million annually beginning in fiscal yeaz 2009-2010 for the General Fund. The five-yeaz revenue and expenditure forecast indicates that the projected budget gap is an ongoing structural issue requiring permanent solutions. In early December, the Interim City Manager submitted a budget reduction plan for Council's consideration. The plan reflects a significant reduction in force, as nearly 80% of the City's budget is allocated to personnel costs. The Budget Reduction Plan has been updated by the City Manager to reflect additional cost saving measures, including several department reorganizations. The Budget Reduction Plan identifies sufficient expenditure reductions to correct the structural imbalance in the General Fund. While the focus of the discussion to date has been on the General Fund, staff had previously noted that the Development Services Fund and the Redevelopment Agency are also anticipated to have budgetazy shortfalls. The Budget Reduction Plan includes cost saving measures to address the projected shortfalls in these funds. The recommended personnel reductions impact all departments and bargaining groups and will result in significantly lower levels of service being provided to the community. In order to give as much advance notice to impacted employees as possible, it is recommended that the City Council approve the proposed budget reduction plan. 6-2 J_AN-VARY 13, 2009, Item Page 3 of 8 Fiscal Status The City is projecting budget gaps of $3.9 million and $20.0 million for the General Fund in fiscal years 2008-09 and 2009-10 respectively (see below). These large gaps are primarily the result of significant decreases in most major revenues coupled with rapidly rising personnel costs as determined by negotiated Memorandums of Understanding with the City's four collective bargaining units. Projected General Fund Budget Gap In Thousands (000) Revenues $ 137,329 $ 134,249 -2.2% Expenditures $ 141,200 $ 154,217 9.2% Projected Gap $ (3,871) $ (19,968) General Fund Revenues The following table compares fiscal year 2008-09 budgeted revenues, updated fiscal year 2008-09 revenue projections and fiscal year 2009-10 projections. Revenues are currently projected to come in $5.5 million dollars below budget (3.9%) in fiscal year 2008-09 and are projected to drop another $3.1 million (2.2%) in fiscal year 2009-10. General Fund Revenue Projections In Thousands (000) Property $ 30,232 $ 29,932 $ 28,795 -3.9% Sales $ 29,678 $ 26,890 $ 26,352 -2.0% N1VLF $ 20,216 $ 20,134 $ 19,372 -3.9% Franchise Fee $ 8,732 $ 9,663 $ 9,759 1.0% Other Local Taxes $ 12,039 $ 12,023 $ 12,048 0.2% Charges for Services $ 7,963 $ 7,280 $ 7,585 4.0% Transfer In $ 12,272 $ 11,048. $ 1.1,272 2.0% Other Revenue $ 11,617 $ 10,809 $ 10,063 -7.4% Use of Money & Prop $ 2,421 $ 2,053 $ 1,876 -9.5% Fines,Forfeitures&Penalties $ 1,494 $ 1,722 $ 1,693 -1.7% Rev from Other Agencies $ 5,397 $ 5,036 $ 4,541 -10.9% Licenses&Permits $ 801 $ 740 $ 893 17.1% Total General Fund $ 142,863 $ 137,329 $ 134,249 -2.2% 6-3 JANUARY 13, 2009, Item Page4of8 Property Taxes In developing the budget for the current fiscal year, property tax revenues were projected to increase 3.9%, however, due to declining assessed property values and the slow down in new home construction, the actual growth is only 2?%. Through January 2008 the City's aggregate property values have dropped $1.1 billion as a result of reassessments. In the current year, the impact of the decline in assessed values was partially mitigated by the addition of the SR 125 with an assessed valuation of $600 million. Based on the most current information provided by the County Assessor's Office, property tax revenue is projected to decrease by 3.9% in fiscal year 2009-10 as a result of the continued decline in housing values and additional requests for reassessments of residential properties. Assessed Value 1990 to 2010 (projected) Annual Percentage Change 25% 20% 15% 10% 5°/a 0% -5% -10% au a_i ac aJ as 95 9ti 9/ 98 99 00 01 02 03 04 05 O6 07 08 09 --~-Chula Vista -~--County Overal I Motor Vehicle License Fees Motor Vehicle License Fees are based on the ownership of a registered vehicle and are administered through the State of California. In 1998, the State Legislahire reduced the fee from 2% to 0.65%, resulting in a negative impact to local governments. The State replaced those funds with offsetting property tax revenues, resulting in MVLF being susceptible to changes in assessed value. Combined with property taxes, 36% of the City's total revenues are now susceptible to fluctuations in assessed property values. Sales Taxes Decreases in sales tax revenue reflect historical lows being reported for consumer confidence. The ongoing housing and credit crisis combined with continued job loss do not point to a quick recovery in this revenue source. The fiscal year 2008-09 budget assumed a moderate 2% increase for sales tax revenue. However, due to the worsening economic condition and poorer than expected sales tax numbers in the most recent 6-4 JANUARY 13, 2009, Item (p Page ~ of 8 quarter, sales tax revenue is now projected to decrease by 5% in the current fiscal year and an additional 2% decrease is projected for next fiscal year. As can be seen on the following chart, most jurisdictions in the County are experiencing even worse declines in sales tax revenues than Chula Vista. Sales Tax Comparison Second Quarter Calendar Year (April -June) 20% 15% 10% 5% 0% -5% -10% -15% -20% z S° _n '~ r 3 G1 a `° o N v ~ ~ 9l ~ o N m N a o r 41 61 cn ~ w m n ~ m (1 ~ m n~ w rn J n ~ c C~ D C ~ D cn ~ co o n o c < N cn ~ ~ o ~ ~ m N ~ ~ O C! ~' ~ C1 O a o 2 Fiscal Year 2009-10 Base Budget The General Fund budget for fiscal year 2009-10 is projected at $154.2 million, an 8% increase over fiscal year 2008-09. The table below summarizes the budget changes by category. General Fund Expenditure Summary by Category In Thousands (000) Personnel Services $ 113,663 $ 121,812 $ 8,149 7?% Supplies and Services $ 15,$39 $ 16,983 $ 1,444 9.3% Other Expenses $ 1,523 $ 948 $ (576) -37.8% Operating Capital $ 388 $ 388 $ - 0.0% Debt Service/Transfers Out $ 6,654 $ 8,745 $ 2,092 31.4% Utilities $ 5,084 $ 5,341 $ 257 5.1% Total Operating Budget $ 142,852 $ 154,217 $ 11,366 8.0% 6-5 JA~~ICIARY 13, 2009, Item Page 6 of 8 The fiscal year 2009-2010 base budget reflects: • Full funding for all Council approved positions • All scheduled step increases and cost of living adjustments • No budgeted salary savings (providing for a more conservative base budget) • Higher flex/insurance costs • Increased equipment replacement costs and higher fleet maintenance and fuel costs • Higher public liability expenditures • Shifts the budget for public liability expenditures from the Other Expenses budget category to the Transfers Out budget category • Higher attorney services costs Departmental Net Cost Net cost is defined as program expenditures less program revenues. This difference shows the portion of program costs that are supported by General Fund discretionary revenues (i.e. sales tax, property tax, MVLF). Currently, discretionary revenues represent $105 million or 74% of total General Fund revenues. As seen in the following chart, 75% of total General Fund discretionary revenues are allocated to public safety and public works services, making it very difficult to absorb major reductions in discretionazy revenues without impacting these service areas. General Fund Net Cost by Department Ponce $4Q.BM1 3cJ% $1s.slal 16 a Support Depts $16.31 15°,'0 Planning & building $~pS/M 1 Y9 Engineering -$t7.4M a~~ Note: Support Departments include: City Council, City Clerk, City Attorney, Administration, Information and Technology Services, Human Resources, and Finance. 6-6 Fre Recreation $21.SM $3.7M JANUARY 13, 2009, Item Page 7 of 8 Implementation of Budget Reduction Plan The proposed Budget Reduction Plan is included as Exhibit A to this report. It is important to note that several factors will impact how this plan is ultimately implemented - including the early retirement program, continuing discussions with the bargaining groups; and revenue enhancements. As these items are resolved, the budget reduction plan will be adjusted with the goal of providing those services most essential to our residents while minimizing employee layoffs. Approval of the plan as proposed will allow the City to move forwazd in the most fiscally prudent manner while still allowing the flexibility to make necessary adjustments. Due to significant reductions that have been made over the past two years the City to bring expenditures in line with revenue projections, there are very few programs and services that would not be considered core services: It is important to note that even with the early retirement program, revenue enhancements, and salazy concessions from the bargaining groups it is unlikely that the City would be able to avoid layoffs and service reductions but the impact of these reductions would be minimized. In order to allow employees as much advance notice as possible, it is recommended that Council approve the proposed budget reduction plan. This will allow the City to issue advance layoff notices to employees affected by the budget reduction plan by the end of January. Impacted employees will then receive layoff notices in March. Employee layoffs would be effective in April if there were no changes to the proposed budget reduction plan. Approval of the proposed budget reduction plan will also allow staff to move forward with the necessary adjustments to the fiscal year 2009-10 baseline budget. The proposed budget reduction plan reflects significant changes to the baseline budget and will take some time to incorporate into the fiscal year 2009-10 budget. As required by the City Charter, the City Manager must submit a proposed budget to the City Council by May 26, 2009 at least thirty-five days before the beginning of the fiscal year. As reported in the first quarterly financial report, the General Fund reserves as of July 1, 2008 total $93 million. Should the City take no corrective action in the current fiscal year to address the projected budget gap, the reserves would drop to $5.3 million. The remaining reserve level would not be sufficient to offset the projected deficit of $20.0 million in fiscal year 2009-2010. Keserves - July 1, 2008 $ 9.3 Projected Revenues & Transfers In 137.3 Expenditures 8 Transfers Out (141.3; Projected Deficit $ (q,O) Projected Fund Balance as of June 30, 2009 $ 5.3 Percentage of Operating Budget 3.5% 6-7 JANUARY 13, 2009, Item Page 8 of 8 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that potential conflicts exist in that Council Member Castaneda has property holdings within 500 feet of Parkway Pool and Gymnasium, the proposals related to the proposed closure of Pazkway Pool and Parkway Gymnasium are excluded from Resolution A and will be considered separately as Resolution B. FISCAL IMPACT Ongoing negotiations with the City's bazgaining groups, the eazly retirement program, and revenue enhancements may impact the final implementation of the budget reduction plan. As these outstanding items are resolved, the budget reduction plan will be adjusted with the goal of minimizing employee layoffs and protecting public services while acting in a financially prudent manner. As identified in the quarterly report, the General Fund Reserves are projected to be impacted by approximately $3.9 million if no changes are made -the proposed budget reduction plan addresses the budget gap but savings will depend on the actual positions and. programs eliminated and the final implementation date. ATTACHMENTS Exhibit A: Proposed Budget Reduction Plan 6-8 Exhibit A -Budget Reduction Plan will be provided prior to Tuesday's Council meeting. The Budget Reduction Plan maybe updated to reflect changes to the plan provided January 6, 2009. s-s RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO IlVIPLEMENT THE BUDGET REDUCTION PLAN EXCLUDING THE PROPOSED CLOSURE OF PARKWAY POOL AND GYMNASIUM WHEREAS, the City is currently projecting General Fund budgetary gaps of 53.9 million and $20.0 million for fiscal years 2008-2009 and 2009-2010 respectively; and WHEREAS, staff previously presented City Council with detailed descriptions of potential budget reductions on December 4, December 9 and December 16, 2008 at Council Budget workshops and Council Meetings; and WHEREAS, the Budget Reduction Plan has been revised to reflect additional cost savings measures; and WHEREAS, the Budget Reduction Plan, attached as Exhibit A hereto, includes sufficient savings to address the projected budget gaps in the General Fund, Redevelopment Agency/ Housing Fund, and Development Services Fund; and WHEREAS, the City Manager will present the City Council a revised budget reduction plan for review with the adjustments to positions and programs detailed should the financial outlook change or if additional savings are identified. NOW, THEREFORE, BE FI RESOLVED that the City Council of the City of Chula Vista does hereby authorize the City Manager to proceed with the Budget Reduction Plan as described in Exhibit A, excluding the proposed closure of Parkway Pool and Gymnasium. Presented by Approved as to form by James D. Sandoval Bart Mie ld City Manager ~`~City Attorney 6-10 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO IbIPLEMENT THE BUDGET REDUCTION PROPOSALS FOR THE CLOSURE OF PARKWAY POOL AND GYMNASNM WHEREAS, the City is currently projecting General Fund budgetary gaps of 53.9 million and $20.0 million for fiscal yeazs 2008-2009 and 2009-2010 respectively; and WHEREAS, staff previously presented City Council with detailed descriptions of potential budget reductions on December 4, December 9 and December 16, 2008 at Council Budget workshops and Council Meetings; and WHEREAS, the budget reduction plan has been revised to incorporate comments made at the above mentioned workshops and meetings to reflect additional cost savings measures; and WHEREAS, the budget reduction proposals for the closure of Parkway Pool and Gymnasium listed in the Budget Reduction Plan would result in an annual General Fund savings of $257,114. WHEREAS, the City Manager will present the City Council a revised Budget Reduction Plan for review with the adjustments to positions and programs detailed should the financial outlook change or if additional savings are identified. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the City Manager to proceed with the budget reduction proposals for the closure of Parkway Pool and Gymnasium as described in the Budget Reduction Plan. Presented by James D. Sandoval City Manager ~'L 6-17 Approved as to form by ~e ~ ~~( ~~~,~ ~ RESOLUTION N0.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE BUDGET REDUCTION PLAN WHEREAS, the City is currently projecting General Fund budgetary gaps of $3.9 million and $20.0 million for fiscal years 2008-2009 and 2009-2010 respectively; and WHEREAS, staff previously presented City Council with a financial update and detailed descriptions of potential budget reductions on November 17, 2008 (Council Budget Workshop), December 4, 2008 (Council Budget Workshop), December 9, 2008 (Council Meeting), December 16, 2008, (Council Meeting), and January 6, 2009 (Council Meeting); and WHEREAS, the Budget Reduction Plan has been revised to reflect additional cost savings measures; and WHEREAS, the Budget Reduction Plan, attached as Exhibit A hereto, includes sufficient savings to address the projected budget gaps in the General Fund, Redevelopment Agency/ Housing Fund, and Development Services Fund; and WHEREAS, the City Manager will present the City Council a revised budget reduction plan for review with the adjustments to positions and programs detailed should the financial outlook change or if additional savings are identified. These adjustments may be the result of successful negotiations with the City's employee bargaining groups, employees choosing to participate in the early retirement program or other measures. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the City Manager to proceed with the Budget Reduction Plan as described in Exhibit A. Presented by Approved as to form by James D. Sandoval City Manager /. art felc~ ity Attorney MEMO Office of the City Manager DATE: January 13, 2009 f0: Honorable Mayor and City Council FROM: Jim Sandoval, City Manage SUBJECT: Budget Reduction Ylan Exhibit ~~~r, __._... CITY OF CHULA VISTA The attached Exhibit for Item 6 is identical to the item that has been before you on two }previous occasions. `fhe only exceptions are the removal from the cut list of items that have been restored due to successful negotiations with two of our unions. Staff' will walk you through the changes this evening. 276 Fourth Avenue, Chula Vista, CA 91910 www.chulavistaca.gov ~ (619) 69]-5037 tax (Gl9) 409-5884 Exhibit A -Budget Reduction Plan Summary Over the last few years the City of Chula Vista has experienced a precipitous decline in revenues due to the slumping economy, the housing and credit crisis, and the slowdown in development activity. The City made significant program and personnel reductions during this time in order to bring expenditures in line with a lower revenue base. However, the City's financial outlook has continued to deteriorate and is facing a $3.9 million deficit in fiscal year 2008-2009 and an estimated $20.0 million deficit in fiscal year 2009-2010 for the City's operating fund. In addition, budget deficits are also projected for the Development Services fund and the Redevelopment Agency/Housing Authority funds. To follow is the City Manager's plan to take corrective action to bring expenditures in line with projected revenues for these funds. It is important to note that several factors will impact how this plan is ultimately implemented -including the early retirement program, continuing discussions with the bargaining groups, and revenue enhancements. As these items are resolved, the budget reduction plan will be adjusted with the goal of providing those services most essential to our residents while minimizing employee layoffs. Most recently two of the City's bargaining groups, the Chula Vista Employees Association (CVEA) and the Western Council of Engineers (WCE), have agreed to give up the Cost of Living Adjustments scheduled for January 2009 and January 2010. The Budget Reduction Plan has been updated to reflect this change - it is anticipated that the General Fund will save approximately $640k in Fiscal Year 2008-2009 and $1.9 million in Fiscal Year 2009-2010 with a potential ongoing annual savings of approximately $2.6 million beginning with the 2010-2011 Fiscal Year. The salary concessions will allow the City to remove several proposals from the budget reduction plan. The net value of these cuts totals approximately $2.6 million and includes a total of 30 positions, two of which are vacant. In order to give CVEA and WCE the full annual value of these wage concessions, the City is recommending eliminating $2.6 million from the budget reduction plan, though the estimated savings for Fiscal Year 2009-2010 totals $1.9 million. The programs that would be restored are summarized below: Community Services • Restores proposed reductions to hours of operation at the South and Civic Center library branches • Continues operation of Parkway Pool • Continues operation of Parkway Gymnasium • Line staffing for Eastlake Library -continued operation of the Eastlake Library branch requires a supervisor position and restoring hourly staffing Exhibit A -Budget Reduction Plan Maintenance Services • Graffiti Abatement crew • Urban Forestry, tree trimming crew • Striping and Signing, legend crew • Pazk Ranger program • NPDES (storm water) crew • Custodial Services crew • Construction and Repair position • Public Works Communications (Electronic Equipment Installer) • Staffing for Traffic Engineering and Project Design Page 2 of 31 The following table reflects the positions that are no longer reflected in the Budget Reduction Plan: Positions Removed from the Budget Reductiou Plan 1• CVEA ~ ,~ , Libra Branch O erations Libra Associate -1.00 0.50 Libra Branch O erations Libra Assistant -0.50 Libra Branch O erations Libra Associate -0.50 Libra Branch O erations Senior Office S ecialist -1.00 1.00 Libra Branch O erations Librarian I -0.50 0.50 Libr Branch O erations Librarian 1/II -0.50 Libra Branch O erations Libra Associate -1.00 Libra Branch O erations Libra Associate -2.00 Public Works Administration Fiscal Office S ecialist -1.00 Public Works Bld Services Comm Electronic/E ui ment Installer -1.00 Public Works Construction/Re air Construction & Re air osition -1.00 Public Works Custodial Services Custodial Su ervisor -I.00 Public Works Custodial Services Lead Custodian -1.00 Public Works Custodial Services Custodian -4.00 Public Works Graffiti Removal Sr Maintenance Worker -1.00 Public Works Graffiti Removal Maintenance Worker I/II -1.00 Public Works NPDES En ineerin Tech II -1.00 Public Works NPDES Environmental Health S ec -1.00 Public Works Park Ran er Parks Su ervisor -1.00 Public Works Park Ran er Sr Park Ran er/hourl aides -1.00 Public Works Stri in & Si in Sr Maintenance Worker -1.00 Public Works Stri in & Si nin Maintenance Worker I/II -1.00 Public Works Urban Forest Tree Trimmer -1.00 Public Works Urban Forest Sr Tree Trimmer -1.00 Recreation Parkwa Pool A uatic Su v II -1.00 Exhibit A -Budget Reduction Plan Page 3 of 31 Recreation Parkwa Rec Ctr Rec Su v. I -I.00 Subtotal CVEA -28.00 2.00 WCE En ineerin Pro'ect Desi n Associate En ineer -1.00 En ineerin Traffic/Trans ortation Associate En ineer -1.00 Subtotal WCE -2.00 0.00 Total -30.00 2.00 Note: the City Manager will present the City Council a revised budget reduction plan for review with the adjustments to positions and programs detailed should the financial outlook change or if additional savings are identified. Modifications to the plan will be consistent with the agreements with the bargaining groups. The Budget Reduction Plan previously presented to Council included the elimination of 166.5 positions and could have resulted in as many as 129 layoffs. Thanks to the cooperation of CVEA and WCE, 30 positions have been removed from the Budget Reduction Plan. The updated Budget Reduction Plan now reflects the elimination of 136.5 positions and may result in 101 layoffs. The City continues to work with employee groups to further mitigate the proposed employee layoffs. The Budget Reduction Plan includes significant program and personnel reductions that impact all departments and bargaining groups -these changes will result in significantly lower levels of service being provided to the community. These reductions are especially difficult given the reductions the City has made over the past two years in an effort to bring expenditures in line with projected revenues. The Council adopted fiscal year 2007-08 budget incorporated a budget reduction plan that reduced net cost expenditures by approximately $10.1 million. The expenditure reductions included such measures as the elimination of 34.25 vacant positions, extending the mandatory furlough program to all management staff, confidential staff, and members of the Western Council of Engineers, and increasing salary savings by actively managing vacancies. During the last fiscal year, the City went through two budget reduction processes as the City's financial outlook continued to worsen. In total, these two processes resulted in a net cost reduction of $26.1 million and the elimination of 145 permanent benefited positions. These reductions impacted the City's General Fund, Fleet Management Fund, and Development Services Fund as well as the Redevelopment Agency and Housing Authority. In September 2008, Council approved the elimination of 10.5 positions in the Development Services Fund in order to reduce expenditures to mitigate revenue shortfalls resulting from the slowdown in development. The elimination of positions through these various processes has resulted in 12 employee layoffs to date. The number of layoffs would have been much larger if not for an ongoing hiring freeze, the elimination of most vacant positions and two early retirement incentive programs. Exhibit A -Budget Reduction Plan Page 4 of 31 As the fiscal situation has worsened, City management has worked with department directors to develop a plan that addresses the projected budget deficits in both the current fiscal year and in fiscal year 2009-2010. The process began with labor and employee briefings in late October. These briefings were followed by an employee focus group that developed cost saving ideas that were forwarded to department directors; department directors then considered the feasibility of incorporating these measures into the overall budget reduction plan for the department. As with previous processes, employee suggestions were encouraged and sought at all levels of the organization. The City Council first considered the Budget Reduction Plan at the December 4, 2008 Council Workshop and has been discussed at the Council Meetings of December 9 and 16, 2008 and January 6, 2009. At these meetings, Council has heard public comments and provided staff with direction on the proposed Budget Reduction Plan. The proposed Budget Reduction Plan brings into balance the General Fund, Development Services Fund, and the Redevelopment Agency/Housing Authority. The updated Budget Reduction Plan does not mitigate all of the issues that have been highlighted during public comments but the City has made some progress in restoring community programs and maintenance programs that impact the standard of living for Chula Vista residents. The following tables summazize the personnel reductions that have been approved by City Council to date through previous budget reduction processes and the staffing reductions that are now being proposed. Exhibit A -Budget Reduction Plan Page 5 of 31 Summary of Previous and Proposed Personnel Reductions by Department Administration 28.00 -2.00 -10.00 -43% Recreation & Nature Center 43.25 -4.75 -13.50 -42% Planning & Building 91.50 -33.00 -5.50 -42% Library 68.75 -18.00 -10.50 -41% Human Resources 25.50 -5.00 -5.50 -41% RedevelopmentAgency/Housing 18.00 -1.00 -6.00 -39% Engineering 74.00 -21.50 -5.50 -36% Finance 33.50 -8.00 -3.00 -33% 1TS 28.00 -4.00 -5.00 -32% City Attorney 14.00 -2.00 -2.00 -29% City Clerk 8.50 -1.00 -1.00 -24% Public Works 260.00 -18.50 -25.00 -17% Fire 152.00 -17.00 -9.00 -17% Police 364.50 -25.00 -34.00 -16% City Council 15.00 -1.00 -1.00 -13% Animal Shelter 22.25 -2.00 0.00 -9% CBAG 17.00 3.00 0.00 18% Total 1263.75 -160.75 -136.50 -24% Notes: Staffing totals for FY 2006-07 have been adjusted to reflect current program structures. Staffing figures for Public Works include positions budgeted in the General Fund, Development Services Fund, Fleet, Environmental Services, Transit, and Sewer funds. Staffing figures for Engineering include positions budgeted in the General Fund, Development Services Fund, and Sewer funds. Staffing figures for Planning and Building include positions budgeted in the General Fund and Development Services Fund. Summary of Previous and Proposed Personnel Reductions by Bargaining Unit Professional 81.50 -10.00 -20.50 -37% Management 146.00 -32.00 -20.00 -36% WCE 37.00 -7.00 -3.00 -27% CVEA 609.25 -98.75 -59.00 -26% Confidential 31.00 -5.00 -2.00 -23% POA 247.00 -7.00 -23.00 -12% IAFF 112.00 -1.00 -9.00 -9% Total 1263.75 -160.75 -136.50 -24% Exhibit A -Budget Reduction Plan Page 6 of 31 The last table in this section summarizes the net cost reductions by department being proposed for fiscal year 2009-2010. Administration $ 4,506,648 $ (1,680,800) -37% Non Departmental $ 9,457,930 $ (2,290,000) -24% City Attorney $ 2,758,467 $ (644,000) -23% Recreation & Nature Center $ 6,567,246 $ (1,319,300) -20% ITS $ 4,128,335 $ (805,000) -19% Human Resources $ 4,309,655 $ (633,000) -15% Library $ 8,289,824 $ (1,135,400) -14% City Clerk $ 1,282,467 $ (171,000) -13% Planning & Building $ 3,651,709 $ (463,700) -13% Engineering $ 4,994,273 $ (565,000) -11% Finance $ 3,025,143 $ (341,000) -11% Police $ 50,064,782 $ (5,372,000) -11% Public Works $ 23,948,671 $ (2,350,700) -10% Fire $ 23,582,251 $ (2,300,000) -10% City Council $ 1,522,730 $ (118,600) -8% Animal Shelter $ 2,112,614 $ - 0% Boards and Commissions $ 14,736 $ - 0% Total General Fund $ 154,217,481 $ (20,189,500) -13% Other Funds: Redevelopment Agency/Housing $ 8,875,694 $ (725,000) -8% Development Services Fund $ 8,801,768 $ (1,011,000) -11% Summary of Proposed Budget Reductions by Department To follow is a summary of the proposed budget reductions by depaztment; the summary includes the proposed reduction and the anticipated service impacts. The summaries below reflect the impacts for all funds -for example the Planning and Building reflects the proposed reductions for the General Fund and the Development Services Fund. Summary of Proposed Net Cost Reductions by Department Exhibit A -Budget Reduction Plan Page 7 of 31 City Council/Mayor Summary of Budget Reductions: Personnel Services Reduction Summary Other Expenditure Reduction Summary Revenue Enhancements 118,600 Total Net Cost Reduction $ 118,600 Personnel Full Time Equivalents (FTEs) Authorized FTE Staffing Proposed FTE Reduction Summary Reduction in Personnel FTEs 15.00 (1.00) -6.7% Service Impacts: During the Council deliberations on the budget reduction plan, City Council indicated support to eliminate the Coastal and Environmental Policy Consultant position. The savings resulting from the elimination of this position are now reflected in the proposed budget reduction plan though the service impacts resulting from the elimination of this position are not yet included in this report. City Clerk Summary of Budget Reductions Personnel Services Reduction Summary $ 171,000 Other Expenditure Reduction Summary $ - Revenue Enhancements $ - Total Net Cost Reduction $ 171,000 Personnel Full Time Equivalents (FTEs) Authorized FTE Staffing 7.50 Proposed FTE Reduction Summary (1.00) Reduction in Personnel FTEs -13.3% Service Impacts: In 2007, the City Clerk's office was staffed with 8.5 full time equivalent positions. Due to recent budget reductions, one half-time position became dedicated to passport services, one full time, mid-management position was cut, and one full time executive position frozen. These cuts have resulted in delays in meeting state mandates, such as campaign statement review, fulfillment of requests for records and information; and in preparing City Council minutes. The proposed elimination of the Assistant City Clerk will cause continued delays in providing these services. With the exception of passport services, all Exhibit A -Budget Reduction Plan Page 8 of 31 functions of the City Clerk's office are essential to the City's operations and to meeting state mandates, and therefore should not be eliminated. The City Clerk indicates the passport services function is fully revenue offset and therefore not recommended for elimination. Summary of Budget Reductions: Personnel Services Reduction Summary $ 644,000 Other Expenditure Reduction Summary $ _ Revenue Enhancements $ _ Total Net Cost Reduction $ 644,000 Personnel Full Time Equivalents (FTEs) Authorized FTE Staffing 12.00 Proposed FTE Reduction Summary (2.00) Reduction in Personnel FTEs -16.7% Service Impacts: The City Attorney's Office authorized staffing level was reduced from 14 positions to 12 positions as part of the fiscal year 2008-2009 budget. This proposal would eliminate another 2 positions from the City Attorney's Office for a combined staffing reduction of 4 positions, or 29%, over the past two fiscal years. The elimination of 2 additional positions would eliminate specialized legal expertise in certain areas including redevelopment, employment, ADA, conflicts and labor law. The elimination of attorney and support staff positions will result in extended legal project completion time and will cause the inability to perform non-essential projects. The proposed downgrading of two currently vacant positions will reduce the experience and expertise level of attorneys providing advice and support. Potential increase in the use of outside counsel may be required for projects requiring specialized legal knowledge or projects constrained by time sensitive requirements. Exhibit A -Budget Reduction Plan Administration Page 9 of 31 Summary of Budget Reductions: Personnel Services Reduction Summary $ 1,341,800 Other Expenditure Reduction Summary $ 204,000 Revenue Enhancements $ 135,000 Total Net Cost Reduction $ 1,680,800 Personnel Full Time Equivalents (FTEs) Authorized FTE Staffing 26.00 Proposed FTE Reduction Summary (10.00) Reduction in Personnel FTEs -38.5% Service Impacts: The Administration Department is currently comprised of five divisions -City Manager's Office, Economic Development, Communications, Budget and Analysis, and Conservation and Environmental Services. While the Administration Department is a single department the role of these five divisions is separate and distinct and for that reason the impact of the budget reductions are presented by division. Citv Manager's Office -The elimination of two management positions in the City Manager's Office will result in the elimination of the City's legislative analysis and governmental relations program and will necessitate shifting additional duties related to coordinating the agenda process to the City Clerk's Office. Economic Development - As part of the budget-balancing plan, the City will be eliminating support to outside economic development organizations at the local, regional and state level. These include the South County Economic Development Council, San Diego Regional Economic Development Corporation, San Diego Connect and Team California. Eliminating the support to these non-profits will reduce or eliminate each organization's ability and incentive to promote Chula Vista, represent the City's interests and refer business development leads to the City. In some cases, the City may lose a seat on the organization's Board of Directors and the ability to influence the organization's priorities and positions. In addition, all funding for economic analysis of potential projects including the Regional Technology Park, promotions, printing and binding, and travel will be eliminated. This will severely limit the City's ability to compete with other cities for economic development opportunities related to jobs and tax revenue growth and diversification. Economic Development functions will be consolidated with the Planning and Building Department. Budget and Analysis -The Office of Budget & Analysis will be consolidated with the Finance Department, resulting in the elimination of the Director of Budget and Analysis, an executive management position. The elimination of the vacant Special Projects Manager position (formerly Grants Manager position) will negatively impact the number Exhibit A -Budget Reduction Plan Page 10 of 31 of grant proposals written and received as well as the City's ability to pursue potential new sources of revenues including impact fees and user fees. The elimination of two of the Budget Office's six analyst positions will negatively impact the quality of budget services provided to departments, the City Manager, the City Council and Citizens. These services include budget development, budget analysis (including economic and trend analyses), fiscal impact modeling, special studies, monthly budget monitoring and reporting (including report development), quarterly revenue and expenditure projections, performance measurement, and monthly budget and performance reviews between City Manager and departments. Communications -Chula Vista's Office of Communications is the official source of news and information about the City. Staff members communicate important information about the City's policies, programs and services to residents, businesses, visitors and employees. The office serves as a resource for the media, oversees the City's Internet and Intranet websites, and coordinates special events on public property. Communications' staff members provide creative services for the City departments in the azeas of graphic design, photography, videography, copywriting, editing and marketing. Most of the City's printed materials that reach the public are designed, written or reviewed by the Communications staff. The office produces CV Connect, the City's online newsletter, and takes the lead on coordinating design and content for both the external and internal Chula Vista websites. Staff produces all city brochures, publications, invitations, flyers, news releases, events-related materials and certain advertisements. Communications also manages the contract for videotaping City Council meetings and produces a bulletin board of services and events for TV cable broadcasts. The Office of Communications manages media relations, which includes: writing and distributing news releases; scheduling interviews and news conferences; and answering inquiries from reporters. Communications is responsible for archiving news reports- both print and broadcast-and providing copies of coverage when requested. All staff members serve as public information officers during an emergency. Communications provides a number of event-related services. Through the City's permitting process, event organizers can coordinate City services through special events and block party and professional filming permits. Losing four out of five positions would severely limit the City's public information and media relations efforts. Departments requiring brochures, informational pamphlets, web design assistance, banners, flyers and invitations as well as marketing and promotional collateral would have no option but to outsource their requests at great expense or do without. The City would lose its photography, video production and virtual tour capability. Due to the City's liability exposure, other departments would be tasked with directly working with outside agencies and residents to manage the permitting process for special events, block parties and film requests. Fewer news releases would be distributed; published and broadcast news reports would no longer be pulled and archived; City Council meetings would not be archived; the Intranet and Internet would not be updated regularly; Council Chambers and conference room reservations and Exhibit A -Budget Reduction Plan Page 11 of 31 logistics would be assigned to another department; and the production and broadcasting of the rotating bulletin board would end. The public does not realize that the Office of Communications promotes and markets City departments and their programs. Without the Communications team, many citizens will not be aware of any new services, programs, or events in the City and their community. Information Technology Services Summary of Budget Reductions: Personnel Services Reduction Summary $ 555,000 Other Expenditure Reduction Summary $ 250,000 Revenue Enhancements $ - Total Net Cost Reduction $ 805,000 Personnel Full Time Equivalents (FTEs) Authorized FTE Staffing 24.00 Proposed FTE Reduction Summary (5.00) Reduction in Personnel FTEs -20.8% Service Impacts: The annual computer replacement fund has been reduced or eliminated for the past several years. The City has computers that are as slow as 1 GHZ single core processors and more than 6 years old still in use. These computers will not be replaced unless they completely fail to operate or are so slow that they become unusable. This will impact many of the staff that are doing more with less. ITS will be eliminating two microcomputer/network support professionals. These staff members handle all of the network-related calls for service from the users and are on call seven days per week 24 hours per day to assist with support calls for Police dispatch, Fire related calls and for the Library. At the same time, service calls are anticipated to increase because the computers that City staff are using are antiquated and need more support. In addition, these staff members handle many special projects during the course of the year, many of which require multiple staff to assist and the projects can span many months. ITS is currently working on installing a records management system for the Police Department. This project requires 3 new servers and 38 new computers. The microcomputer support staff handles these installations. The resolution times for non- critical support issues are anticipated to go from 1-2 days to 2-3 days on average. ITS will be eliminating one of our four application support professionals. This will result in programming delays, mostly in the area of Permits Plus, Business License processing, and custom applications for the Police Department. Exhibit A -Budget Reduction Plan Page 12 of 31 ITS will be eliminating one of two webmaster positions. The position that is being eliminated is filled by the person who wrote and implemented the online brochure for the Recreation Department as well as the citizen scheduling applications for finger print appointments in Police and passport applications in the Clerk's Office. Roll-out of additional e-government applications will be negatively impacted. Human Resources Summary ofBudget Reductions: Personnel Services Reduction Summary $ 587,000 Other Expenditure Reduction Summary $ 46,000 Revenue Enhancements $ _ Total Net Cost Reduction $ 633,000 Personnel Full Time Equivalents (FTEs) Authorized FTE Staffing 20.50 Proposed FTE Reduction Summary (5.50) Reduction in Personnel FTEs _26,g% Service Impacts: The budget balancing plan includes the elimination of 5.5 full time equivalent positions from the Human Resources Department: two in Operations; two in Risk Management; one in Benefits; and 0.50 in department wide support. These reductions, coupled with prior staff reductions represent a 42% decrease in staff without a commensurate decrease in workload. To follow is a brief summary of the anticipated service impacts by program. Operations -Staff in this division has already absorbed the workload of four positions previously cut from the Operations and Benefits programs. The further reductions now proposed will result in delays in the delivery of services such as the recruitment and testing of safety and civilian positions and an inability to provide benefit and payroll support for the remaining workforce in a timely manner. Testing and selection processes must result in a valid and reliable test that meets the EEOC Uniform Guideline (4/Sths rule) to avoid disparate impact that would risk violating Title VII. With less staff, this will become more and more difficult to accomplish. Additionally, the City has spent a significant amount of time and resources over the past eight years to align the classification and compensation structure. The citywide reorganization and reassignment of duties as a result of the proposed budget and program reductions will require the city to spend the same amount of time and effort to ensure the new city structure meets FLSA guidelines and is fair and equitable in order to avoid a wide array of employment liability issues. Exhibit A -Budget Reduction Plan Page 13 of 31 Risk Mana eg ment -The loss of a Senior Risk Management Specialist (Safety) will have city and community wide impact. The City's ability to address safety issues on a proactive preventative basis will be severely limited. The City can expect to see an increase in the number of preventable work related injuries/illnesses that in addition to affecting the lives and well being of employees and their families may result in city-wide loss of productivity and increased workers' compensation claim and insurance costs. Staff at public facilities will be relied upon to identify and mitigate safety issues. The loss of a Senior Risk Management Specialist (Loss Control) will result in the City's inability to pursue financial restitution from parties who have damaged city property or who have tied up police and fire resources as a result of alcohol related accidents. We have successfully collected $1.8M since the program's inception in 2001. Collection efforts will be limited to insured parties only. Employee Benefits -This operational section has already sustained a 50% reduction in staff. The further reductions in this division will result in delays in processing bi-weekly payroll transactions, including benefits and MOU related matters, and will increase the potential For over or under payments to employees and benefit providers. Additionally, staff will not be able to identify and implement benefit options that may save the City money in the long run. Finance Summary of Budget Reductions: Personnel Services Reduction Summary $ 341,000 Other Expenditure Reduction Summary $ - Revenue Enhancements $ - Total Net Cost Reduction $ 341,000 Personnel Full Time Equivalents (FTEs) A uthorized F TE S taffing 25.50 Proposed FTE Reduction Summary (3.00) Reduction in Personnel FTEs -11.8% Service Impacts: The last rounds of cuts in the Finance Department have resulted in an overall 22 percent decrease in staffing for the Deparhnent. The previous cuts have occurred in the Administrative, Operations and Treasury divisions. At this time, further reducing staffing levels in these areas would inhibit our ability to meet our annual reporting deadlines and continue to be in compliance with Federal, State, Local financial reporting deadlines. Therefore, the next round of major cuts will occur in the Purchasing division, specifically Exhibit A -Budget Reduction Plan Page 14 of 31 the Purchasing Agent and Procurement Specialist positions. The impacts will be felt in the timeliness in reviewing and approving contracts, issuing formal bids, processing requisitions, and processing of payments to vendors. In addition to those cuts a vacant Accounting Assistant position within Accounts Payable will also be cut but the workload will have to be allocated to existing staff. This will be accomplished by a reorganization of the remaining staff within the Purchasing division. In effect, this round of cuts will reduce purchasing staff by 60 percent, to 2 positions. With the overall reduction of the 3 positions, the Finance Department will be down to 22 positions, which represents a 33 percent reduction in staffing levels from fiscal year 2006-07 and reflective of the staffing levels of 1987. Planning and Building S ummary of B udget Reductions: Personnel Services Reduction Summary $ 693,000 Other Expenditure Reduction Summary $ 73,000 Revenue Enhancements $ 175,000 Total Net Cost Reduction $ 941,000 Personnel Full Time Equivalents (FTEs) Authorized FTE Staffing 58.50 Proposed FTE Reduction Summary (5.50) Reduction in Personnel FTEs -9.4% Service Impacts: As part of the budget reduction plan the Planning and Building Department is eliminating two positions in the Advance Planning program. The loss of these positions will negatively impact the department's level of effort in: • Seeking financial resources for implementation of Otay Valley Regional Park • Adoption and implementation of the Historic Preservation program • Timely review of development projects for General Plan consistency and for sites with historic resources • Timely processing of applications for historic designations • Loss of clerical support for Advance Planning and GMOC The budget reduction plan also includes the transfer of one Code Enforcement Officer from the Sign Enforcement Program to the Residential Abandoned Property Program. The budget reduction plan also includes expenditure reductions in the Development Services Fund, including the elimination of 3.5 positions from the Building section. The loss of these positions will negatively impact the department's level of effort in: Exhibit A -Budget Reduction Plan Page I S of 31 • Timely research and retrieval of building records and response to Public Records Act requests • Meeting established performance goals for next day inspections • Providing expeditious resolution to conflicts arising in the building plan check and inspection process • Providing policy and code recommendations to City Council on building construction matters (e.g. Green Building standards, accessibility) One position is recommended for elimination in the Planning section. The elimination of this position will significantly impact the department's work efforts on the preparation of implementing zoning documents including Zoning Ordinance updates, zoning actions to address inconsistencies with the General Plan, and periodic review and monitoring of General Plan implementation. Engineering Summary of Budget Reductions: Personnel Services Reduction Summary $ 848,500 Other Expenditure Reduction Summary $ - Revenue Enhancements $ - Total Net Cost Reduction $ 848,500 Personnel Full Time Equivalents (FTEs) Authorized FTE Staffing 52.50 Proposed FTE Reduction Summary (5.50) Reduction in Personnel FTEs -10.5% Service Impacts: The Engineering Department will be consolidated with the Planning & Building and Public Works Departments resulting in the elimination of the Director of Engineering, an executive management position. The Traffic Division traditionally covers about 47% of its work from various dedicated accounts. The remaining General Fund work that will be eliminated includes: Speed surveys (which support tickets issued by police that are challenged in court), accident investigations, and support for the traffic safety commission. In addition, there is no funding anticipated for traffic related public inquiries and council referrals including: Traffic calming, signing and striping, parking, sight distance, etc. The proposed reductions in the Development Services Fund are due to the slowdown in development; this proposal will result in little or no service level reduction unless development and capital improvement proj ects pick up. Exhibit A -Budget Reduction Plan Public Works Summary of Budget Reductions Personnel Services Reduction Summary $ 2 448 900 > > Other Expenditure Reduction Summary $ 152,000 Revenue Enhancements $ - Total Net Cost Reduction $ 2,600,900 Personnel Full Time Equivalents (FTEs) Authorized FTE Staffing 241.50 Proposed FTE Reduction Summary (25.00) Reduction in Personnel FTEs -10.4% Page 16 of 31 Service Impacts: Provided below is a summary of our Budget Reduction Proposals by Program. It is important to note that these proposed reductions primarily represent cuts that will impact "core" services. Traffic Sienal and Street Lieht Program - Eliminating a position will impact preventative maintenance (PM) for traffic signals citywide. PM's benefit the City in the long-term by reducing maintenance costs. This cut will result in potentially increasing malfunctions of traffic signals, thereby causing traffic congestion and delays. Street Maintenance Program - In fiscal year 2000-01, six positions were added to the Street Maintenance Program to catch up with providing street maintenance services citywide. Since that time, the city's streets (lanes) have increased by 224 miles or 25%. In December of 2007, two positions were eliminated due to budget reductions. With this cut of three positions, five of the six staff added in fiscal yeaz 2000-01 would be eliminated. Overall, street reconstruction will be reduced by 50%. Backlogs for litter and trash pickup will increase resulting in a negative appearance of the City. Urban Forestrv Program -Eliminating one position will increase delays in clearing right- of-way obstructions or tree and trip concerns. Some of these impacts are summarized below: • Roadway clearance requests for line of sight will be delayed from 30-45 days to 60-120 days. • Trimming of young trees will be eliminated (only complaints trims will be addressed). • Response to other complaints will be delayed from 3-6 weeks to 10-12 weeks. Storm Drain Program -These five positions designated for elimination were approved in fiscal year 2007-08 to help the City comply with the new NPDES permit. The increased requirements with regard to NPDES were imposed by the State without providing the necessary funding. The new NPDES Permit requires inspection and cleaning of trash and Exhibit A -Budget Reduction Plan Page 17 of 31 debris from the City's storm drainage systems, including catch basins, storm drain inlets, open channels, culverts, detention basins, etc. Non-compliance could potentially result in notices of violation and fines. NPDES Program -This one position is needed to help the City comply with the new NPDES permit. The Municipal Permit requires the City to implement various program components to minimize the discharge of pollutants from construction, residential, commercial, industrial, and municipal activities to the receiving waters of the State. These program components include: • Public education and outreach to increase awareness of water quality and watershed protection issues; • Inspection of industrial, commercial, construction, and municipal facilities and activities in order to ensure compliance with water quality regulations and requirements; • Enforcement of the above facilities and activities as necessary; • Responding to reported violations of the City's Storm Water Management and Discharge Control Ordinance; Pazk Maintenance Program - In fiscal year 2007-08, the Pazks Division had 7 gardener positions eliminated due to budget reductions. The current budget cuts include eliminating 2 additional gardener positions, raising the total number of gardener positions cut to 9. This means that 9 of 10 gardeners added since fiscal year 2000-01 to maintain the new parks will have been cut. At the same time, the City has moved forwazd with the development of a new community park in San Miguel Ranch. Upon its completion, service levels at other parks will further degrade as we account for this increased workload. Construction and Repair Program -Eliminating four positions will eliminate painting and stucco and drywall repairs for City buildings and would mean potentially delayed responses to complaints, and electrical repairs (notably those associated with exposed wiring or copper wire thefts throughout the City). One of these positions was added when the Department agreed to take on the installation, removal, transport and storage of City holiday lighting. The City had previously contracted this activity out to a private entity. The Construction and Repair Program has undertaken that effort despite the position never being filled. Two years ago, staff advised that the City was significantly under-funding its building maintenance activities based on recognized national standards. These reductions Further exacerbate that problem. Development Services Fund -Due to the slowdown in development, this proposal will result in little or no service level reduction unless development and capital improvement projects pick up. Exhibit A -Budget Reduction Plan Police Page 18 of 31 Summary ofBudget Reductions: Personnel Services Reduction Summary $ 4,084,000 Other Expenditure Reduction Summary $ 1,108,000 Revenue Enhancements $ 180,000 Total Net Cost Reduction $ 5,372,000 Personnel Full Time Equivalents (FTEs) Authorized FTE Staffing 339.50 Proposed FTE Reduction Summary (34.00) Reduction in Personnel FTEs -] p,p% Service Impacts: Although the Police Department has made every effort to minimize the service level impacts to the citizens of Chula Vista, the impact of the proposed cuts will mean moderate to significant reductions in many areas of service including: Direct Service; Proactive Patrol; Investigative Services and Community Relations/Outreach. Direct Service -Direct service impacts include the elimination of the patrol Community Service Officer Program. This will result in reductions in priority response times, especially at the priority one and two response thresholds. With the elimination of the CSO program in Patrol, approximately 4,000 or more reports will be redirected to sworn officers which will divert them to low priority report calls thus delaying response times to other higher priority calls. Additionally, elimination of the K-9 program will result in increased risk for regular patrol officers and lengthened on-scene times, which will also result in response time delays. K-9's are utilized in situations where suspects are hiding or have barricaded themselves in a building. The K-9 is brought in to seek out the suspect and contain them. It should be noted that the core uniformed patrol (sworn officers) has been left intact. Proactive Patrol -Proactive patrol will essentially be eliminated as a course of regular business with the demise of the Street Team and JUDGE unit. These proactive teams address specific crime issues and assist patrol. The Street Team provides focused proactive enforcement to deal with issues like robberies, assaults and other crime and disorder issues that require specialized response. The JUDGE unit deals with gangs and drug enforcement issues. Under a cooperative agreement with the Department of Probation, the JUDGE unit provides enhanced enforcement resources to address drug and gang crimes. Any specialized enforcement efforts to deal with the issues that were previously covered by the Street Team or JUDGE will now have to be handled either via special overtime or via specialized grants. Both are problematic due to restricted overtime funds and minimal grant opportunities to tackle these issues. The JUDGE unit currently receives approximately $126,000 in revenue to offset their costs. Exhibit A -Budget Reduction Plan Page 19 of 31 Investigative Services -Investigative Services will be impacted significantly. Specialized detectives will be eliminated including the Computer Forensic Agent, Financial Crimes Agent, Auto Theft Agent and the elimination of the Narcotics Enforcement Team. The Computer Forensic Agent handles very technical investigations involving the use of computers. Often times, detectives find computers at a crime scene which may contain evidence and the Computer Forensic Agent is called in to secure any data on the disk, or to remove data from damaged or unreadable media. With the loss of this position, the City could incur substantial costs to send out to a third party computer forensic lab. Financial crimes are the fastest growing crime in the United States. Due to the nature of the investigations and the complexity of the cases, specialized training is required to work the cases. Auto theft represents 50% of the City's Part I crime totals. A trained auto theft detective is imperative to work the over 2,400 cases received each year. Any cases involving financial crimes or auto theft will now be reviewed by general detectives. The Narcotics Enforcement Team has already lost two detectives through previous budget reductions, and with the elimination of the remaining two detectives and one sergeant, street level narcotics investigations will be significantly reduced and only investigated under special circumstances. Community Relations/Outreach -Community Relations includes not only professional staff that normally handles citizen inquiries, attending community meetings and events, and facilitating communication between the citizens and the Police Department, but also media relations and responses to "Freedom of Information Act" requests. The Community Relations Unit and Public Information Officer positions were created in response to concerns from the community, City Council and City Manager that the Police Department was not meeting expectations for quality community interaction. Any community outreach will now be handled by officers of various units as time permits. Additionally, there is potentially an increase in overtime expenditures in order to provide even a basic level of community interaction, as field officers will be utilized to attend meetings. Relations with the media will also be strained as the PIO was created to provide a consistent, identifiable source for information. Now media information will be primarily handled by Lieutenants on the various patrol shifts, which is the primary reason why the PIO position was created in the first place. There will no longer be any proactive media contact from the Police Department. Support -Included in the decrement list are several support positions that play a critical part in the day-to-day operations of the police Department. The Community Service Officer in the Family Protection Unit registers and tracks sex offenders in Chula Vista. There are over 300 documented sex offenders in Chula Vista and this position tracks their location and liaisons with various law enforcement and court related agencies to ensure these offenders are registered and their location in our city is known. This function will now be handled by a detective, which will reduce the amount of time that detective can spend dealing with sex crimes, domestic/elder abuse and other family crimes. The Public Safety Analyst position provides critical support to the entire enforcement component of the Police Department. Through a research based strategic analysis of crime and disorder issues, the Public Safety Analysts are able to focus our limited enforcement contingent on significant issues throughout the community. In addition, the Public Safety Analysts are also a key component to the Department being able to secure much needed grant funding. Exhibit A -Budget Reduction Plan Page 20 of 31 Over the last several years, Public Safety Analysts have been able to secure nearly $1.SM in enforcement grants for the City. The Training and Development Manager provides coordination of the Departments training program. With 244 officers, a well coordinated and targeted training program is essential to reduce liability to the City and increase safety to the Officers. There are also two juvenile programs that are contracted through South Bay Community Services that help identify troubled youth and put them back on track to be contributing members of the community. With an over 98% success rate (based upon recidivism), these programs are essential in reducing crimes involving youth. Frozen/Vacant Positions -There are currently several frozen and vacant positions in the Police Department that must be maintained (Communications Manager, Jail Manager, Senior Fiscal Office Specialist, Police Dispatcher, Facilities and Supplies Specialist and K-9 Officer). First, the Communications Manager manages the Police Dispatch Center. In fiscal year 2007-08, the department cut the Lieutenant who managed both the technology unit and the dispatch center and civilianized the dispatch function. In fiscal year 2008-2009, the position was frozen and Lieutenants from Patrol currently divide up supervision of the dispatch center along patrol shift hours. This is problematic as there is no sole supervisory source to handle personnel issues and consistency in supervision is an issue. Additionally, the department is getting ready for a major technology upgrade to the entire dispatch center and needs a dedicated professional who understands the complexities and intricacies of a dispatch center. Cutting this position would have far reaching effects including adding additional risk to officers and citizens. The Jail Manager position has been temporarily filled with a Lieutenant from Patrol. Because of the high liability of the operation and the need for a supervisor who is specifically experienced and knowledgeable in jail operations, the department strongly recommends filling the Jail Manager position. The Senior Fiscal Office Specialist for the department is currently filled with an hourly employee. Since the elimination of both the full time Facilities and Supplies Specialist and the Senior Management Analyst, this position has become even more critical to the fiscal operations of the department. Currently this position handles all of the purchase orders, direct payments, billings, inventory control, petty cash, and the equipment and supplies (receiving) two days a week. The Facilities and Supplies Specialist is also currently filled with an hourly employee. This position handles the centralized equipment and supplies intake for the department, including tracking all of the specialized equipment for the department, maintaining a stock of frequently needed items, and coordinating building maintenance issues. This position was reduced to a half-time position and the Senior Fiscal Office Specialist is able to provide limited coverage on days when the Facilities and Supplies Specialist is not working. The Police Dispatcher position is critical as the dispatch center is currently below the recommended number of dispatchers based upon the Dispatch Staffing Model. Currently Exhibit A -Budget Reduction Plan Page 21 of 31 the Dispatch center handles well over 450,000 incoming calls (both emergency and non- emergency) to the dispatch center every year. Since FY 2004, there has been a 13% increase in the number of calls into the dispatch center. With each opening left vacant, overtime increases in order to cover the empty shift. There is one K-9 position currently vacant and the program is among the departmental reductions. Impacts are discussed under "Direct Service" impacts above. Fire Summary ofBudget Reductions: Personnel Services Reduction Summary $ 2,300,000 Other Expenditure Reduction Summary $ - Revenue Enhancements $ - Total Net Cost Reduction $ 2,300,000 Personnel Full Time Equivalents (FTEs) A uthorized F TE S taffing 135.00 Proposed FTE Reduction Summary (9.00) Reduction in Personnel FTEs -6.7% Service Impacts: Cross Staffing of Urban Search and Rescue -This proposal would designate the four positions per day that currently staff the urban search and rescue vehicle (USAR 53) at Fire Station Three as supplemental staffing by eliminating USAR 53 from continuous service and placing it at Station Seven to be "cross staffed" with personnel from Truck 57. These four positions would be used to backfill daily vacancies that occur at other fire stations within the department. This will result in at least $1.4 million in savings that would occur from not having to pay overtime to backfill for vacancies due to leave. Currently, Fire Station Seven provides service delivery through athree-person engine company (E57) and afour-person truck company (T57). Each resource is capable of responding to calls for service independently or simultaneously, as dictated by call volume or the call for service type (Structure Fire/Multi-casualty Incident/Rescue). In addition, USAR 53 is currently staffed with four personnel and responds as a primary resource in its district. USAR 53 also responds to all structure fires in addition to assigned Truck Companies. Station Seven would continue to operate with a "cross staffing" model that would staff either the truck or USAR 53 assigned to Station Seven's coverage. Engine 57 would move to Station Three and provide first in coverage of to that district. The elimination of USAR 53 from continuous service will result in decreased specialized rescue capabilities and coverage. The Station Seven district will not have an apparatus Exhibit A -Budget Reduction Plan Page 22 of 31 with fire attack capabilities and therefore initiating an attack on fires will be delayed. Residents may be affected with potential increased response times, because an extra unit will be required on structure fires. However, the residents of the eastern territories will be impacted to a lazger extent because the proposed staffing decrease will affect Station Seven that is located in the eastern section of the city. Response times may also increase, as second and third calls for service will take longer to respond to due to one less unit being available for coverage. Cross Staffin of Truck 51 -After cross staffing has occurred between Truck 57 and USAR 53, the only appazatus that can be used in order to further reduce costs while avoiding the closure of a fire station is Truck 51. The following is the most likely scenario to be recommended by the Fire Department: • Layoff 9 personnel in the suppression division of the Fire Department by eliminating the Engine 52 crew. • Move Truck 51 from Station 1 to Station 2 and cross staff the Truck and Engine. • Truck 51 crews will service calls in Station 2 with either the Truck or Engine as needed. • Engine 52 responds to 1,626 calls for service annually (4.45 daily). • Brush 52 would need to be relocated to another station. A substantial impact to this proposal will also be the default of the SAFER grant, which will require repayment of $790,000. In order to fully realize the cost savings of this proposal it will require the immediate elimination of the 9 FTE's to compensate for the SAFER grant repayment. Beginning in fiscal year 2010 a savings of 1.1 million dollars will be realized. The following are the impacts of eliminating E52's crew and moving Truck 51 to Fire Station 2. • Increase in GMOC response times due to lack of coverage for secondary calls for service in Station 1 and 2. • Increase in Truck response times on the west due to Truck 51 being committed on a call for service in Station 2. • Will affect monthly training scheduling due to lack of resources in the west. • Impact to automatic aid resources (use of resources from other cities). • Possible ineligibility for Future Federal Grants as result of default on SAFER grant. • Increase wear and tear on Truck 51 as it will become a primary response vehicle and deliver upwards of 2,000 calls for service annually. Exhibit A -Budget Reduction Plan Recreation Page 23 of 31 Summary of Budget Reductions: Personnel Services Reduction Summary $ 1,303,300 Other Expenditure Reduction Summary $ 16,000 Revenue Enhancements $ - Total Net Cost Reduction $ 1,319,300 Personnel Full Time Equivalents (FTEs) Authorized FTE Staffing 38.50 Proposed FTE Reduction Summary (13.50) Reduction in Personnel FTEs -35.1% Service Impacts: The budget reduction plan includes significant reductions to the Recreation Department; the service impacts of those reductions are summarized below by program. Program Services • Diversionary programs and activities for middle school at-risk youth would be eliminated, potentially resulting in increased contacts with law enforcement. • Significant reduction in public service levels at Norman Park Center. Some seniors and low income programs such as blood pressure screenings would be eliminated. • Developmentally and physically disabled clients may be unable to participate in certain programs due to transportation issues; these individuals require highly specialized programming that may not be available elsewhere locally. Nature Center • The Nature Center would be closed. Potentially could impact future Bayfront projects, as the Nature Center was part of the mitigation plan for future development. Unknown ramifications and liabilities regarding grants, contractual agreements and donor agreements. Animals would need to be relocated or transferred in order to avoid euthanasia, as no animals are suitable for release into the wild. Significant expense would be required to prepare infrastructure and equipment for long-term inactivity and potential future re-opening. Administration • Administrative and supervisory responsibilities would need to be absorbed in other areas, non-core functions would be deferred, and departmental representation in numerous community collaborative efforts would be eliminated. Exhibit A -Budget Reduction Plan Page 24 of 31 Department Wide • Reduction of hourly budget will result in reduction or elimination of some drop-in and fee-free activities at recreation centers, decreased supervision in and around facilities, potential reduction in operating hours, potential reduction in swimming classes, recreational swimming, and adult lap swimming. Summary of Budget Reductions: Personnel Services Reduction Summary $ 1,064,400 Other Expenditure Reduction Summary $ 71,000 Revenue Enhancements $ _ Total Net Cost Reduction $ 1,135,400 Personnel Full Time Equivalents (FTEs) Authorized FTE Staffing 50.75 Proposed FTE Reduction Summary (10.50) Reduction in Personnel FTEs -20.7% Service Impacts: The proposed cuts to the Chula Vista Public Library will result in the closure of the Eastlake Library; two-day a week closures and holiday weekend closures of Civic and South Libraries; transfer of the STRETCH and DASH program to another vendor; elimination of all programs (e.g., story times, Foreclosure Workshops, arts exhibits, classical guitar performances, film festivals, etc.) and public outreach (community events, fliers, posters, news releases, calendars); suspending operations of the Heritage Museum; minimal local history support; minimal support for both the library's public computers and internal computer systems for cataloging, billing, materials management, etc.; and downgrading of department website to static, unchanging information. Exhibit A -Budget Reduction Plan Page 25 of 31 Redevelopment Agency and Housing Authority Summary of Budget Reductions: Personnel Services Reduction Summary $ 725,000 Other Expenditure Reduction Summary $ - Revenue Enhancements $ - Total Net Cost Reduction $ 725,000 Personnel Full Time Equivalents (FTEs) Authorized FTE Staffing 17.00 Proposed FTE Reduction Summary (6.00) Reduction in Personnel FTEs -35.3% Service Impacts: The State of California, in fiscal years 2004-2005, 2005-2006 and 2008-2009 required the Chula Vista Redevelopment Agency to shift tax increment revenues to the State Educational Revenue Augmentation Fund (ERAF). For fiscal year 2004-2005 and fiscal year 2005-2006, the Agency borrowed funds from the Califomia Statewide Communities Development Authority to make its ERAF payments. Financing the fiscal years 2004- 2005 and 2005-2006 ERAF shifts was necessary to maintain funding for ongoing redevelopment projects. To make its fiscal year 2008-2009 ERAF payment, the Agency proposes to maintain existing vacancies as well as delay redevelopment and capital improvement projects. The Agency understands the State of California's ongoing and worsening budget problems and their continued reliance on tax increment takeaways. The Agency therefore assumes the State will ask for additional ERAF payments in the future. To be prepared for these additional requests the Agency proposes to make structural changes to the organization and eliminate five full time positions. The elimination of these five positions allows the Agency to handle additional ERAF shifts or fund redevelopment projects and programs. The budget reductions for fiscal year 2009- 2010 may impact the Agency's ability to continue redevelopment programs like "Southwest United in Action". Summary of Proposed Personnel Reduction by Department The following table reflects the proposed personnel reductions by department. In order to highlight the changes to the plan, the 30 positions that have been restored because of the CVEA and WCE salary concessions remain on the proposed personnel reduction list but are represented with a strikeout. Exhibit A -Budget Reduction Plan Page 26 of 31 Administration Administrative Technician CVEA -1.00 0.00 Director of Budget and Analysis EXEC -1.00 0.00 Executive Assistant to the City Manager PROF -I.00 0.00 Governmental Relations Liaison SM -1.00 0.00 Graphic Designer CVEA -1.00 0.00 Principal Management Analyst PROF -1.00 0.00 Senior Management Analyst PROF -1.00 0.00 Special Events Planner PROF -].00 0.00 Special Projects Manager SM -1.00 1.00 Senior Graphic Designer PROF -1.00 0.00 Total Administration -10.00 1.00 City Attorney Assistant City Attorney SM 1.00 0.00 Deputy City Attorney II PROF L00 0.00 Deputy City Attorney III SM -1.00 0.00 Deputy City Attorney III SM -1.00 0.00 Executive Secretary CONF -1.00 0.00 Senior Assistant City Attorney EXEC -1.00 1.00 Total City Attorney -2.00 1.00 City Clerk Assistant City Clerk SM -1.00 1.00 Total City Clerk -1.00 1.00 City Council Coastal & Environmental Policy Consultant PROF -1.00 1.00 Total Ci[y Council -1.00 1.00 Engineering Director of Engineering EXEC -1.00 0.00 Engineering Technician 1 CVEA -1.00 0.00 Landscape Architect PROF -0.50 0.00 Landscape Planner II (DSF) CVEA -1.00 0.00 Senior Civil Engineer WCE -1.00 1.00 Landscape Planner II CVEA 1.00 0.00 Senior Civil Engineer (DSF) WCE -1.00 L00 Senior Office Specialist CVEA -1.00 1.00 Note: Strikeout items represent the positions that are being restored from the budget reduction plan Exhibit A -Budget Reduction Plan Page 27 of 31 ~,~,~,~,~:~.o Ong; nee av~E -gee e:ee ~~~,,..:..,.-~-,r..,.:..oe_ "~ -1-00 0.00 Total Engineering -5.50 3.00 Finance Accounting Assistant CVEA -1.00 1.00 Procurement Specialist CVEA -1.00 0.00 Purchasing Agent SM -1.00 1.00 Total Finance -3.00 2.00 Fire Fire Captain Fire Engineer Firefighter IAFF -3.00 0.00 IAFF -3.00 0.00 IAFF -3.00 0.00 Total Fire -9.00 0.00 Human Resources Benefits Technician CONF -1.00 1.00 Fiscal Office Specialist CVEA -0.50 0.50 Human Resources Analyst PROF -1.00 0.00 Principal Human Resources Analyst PROF -1.00 0.00 Senior Risk Management Specialist PROF -1.00 I.00 Senior Risk Management Specialist PROF -1.00 0.00 Total Human Resources -5.50 2.50 Information Technology Services Administrative Secretary Info Tech Support Specialist Info Tech Support Specialist Senior Application Support Specialist Webmaster CVEA -1.00 0.00 PROF -1.00 0.00 PROF -1.00 0.00 PROF -1.00 0.00 CVEA -1.00 0.00 Total Iuformation Technology Services Library Assistant Library Director Delivery Driver Education Services Supervisor Librarian III Library Associate -5.00 0.00 SM -1.00 1.00 CVEA -0.50 0.00 CVEA -3.00 1.00 CVEA 1.00 0.00 CVEA -1.00 _ 0.00 Note: Strikeout items represent the positions that are being restored from the budget reduction plan Exhibit A -Budget Reduction Plan Page 28 of 31 Library Digital Services Manager MM -1.00 0.00 Literacy and Programming Coordinator MM -1.00 0.00 Senior Education Services Supervisor CVEA -].00 0.00 Senior Librarian MM -1.00 0.00 Senior Office Specialist CVEA -1.00 0.00 "ter `'~ x.39 9.39 f-V€A -930 9:99 :, ~:.._r "~""*"~..nt EYEA -~50 9:90 !.:'~,rw:~ ai5"vociaic 6'-V-llt -~09 9:9A '~""'~~~e 6V£~4 -1-00 9:00 :. ~r-_aa r~ -1-09 &S9 L ~:n:y s.,.,.~..«_ ~~ -939 939 Principal Librarian MM -1.00 0.00 senio.• nr".-°.~-~~~"'~"'*s' EVEf>_ x-99 x-99 Total Library -10.50 2.00 Planning and Building Secretary CVEA -1.00 0.00 Senior Planner PROF -0.50 0.00 Senior Planner PROF -0.50 0.00 Building Inspector II (DSF) CVEA -1.00 0.00 Office Specialist (DSF) CVEA -0.50 0.00 Senior Planner (DSF) PROF -I.00 0.00 Asst Dir of Building & Housing (DSF) SM -1.00 0.00 Total Planning and Building -5.50 0.00 Police Community Service Officer Community Service Officer Latent Print Examiner Office Specialist Peace Officer Peace Officer Police Agent Police Agent Police Agent Police Agent Police Agent Police Community Relations Specialist CVEA -3.00 2.00 CVEA -1.00 0:00 CVEA -1.00 1.00 CVEA -1.00 0.00 POA -1.00 0.00 POA -1.00 0.00 POA -1.00 0.00 POA -1.00 0.00 POA -1.00 0.00 POA -1.00 0.00 POA -1.00 0.00 CVEA -2.00 0.00 Note: Strikeout items represent the positions that are being restored from the budget reduction plan Exhibit A -Budget Reduction Plan Page 29 of 31 Police Training & Dev Supervisor PROF -1.00 0.00 Public Information Officer (PD) PROF -1.00 0.00 Public Safety Analyst CVEA -1.00 0.00 Peace Officer POA -4.00 0.00 Peace Officer POA -4.00 0.00 Peace Officer POA -3.00 0.00 Police Agent POA -1.00 0.00 Police Agent POA -1.00 0.00 Police Sergeant POA -I.00 0.00 Police Sergeant POA -1.00 0.00 Police Sergeant POA -1.00 0.00 Total Police -34.00 3.00 Public Works Carpenter CVEA -1.00 0.00 Custodial & Facilities Manager MM -1.00 1.00 Electrician CVEA -1.00 1.00 Equipment Operator CVEA -1.00 0.00 Gardener 1/If CVEA -2.00 1.00 Maintenance Worker I/11 CVEA -2.00 2.00 Maintenance Worker I/11 CVEA -1.00 1.00 Maintenance Worker I/II CVEA -1.00 1.00 Maintenance Worker 1/II CVEA -1.00 0.00 Painter CVEA -I.00 0.00 Painter CVEA -I.00 0.00 Principal Civil Engineer MM -1.00 0.00 Principal Civil Engineer (DSF) MM 1.00 0.00 Senior Civil Engineer (DSF) WCE -1.00 0.00 Senior Electrician CVEA -1.00 I.00 Senior Landscape Inspector (DSF) CVEA -1.00 0.00 Senior Maintenance Worker CVEA -1.00 1.00 Senior Maintenance Worker CVEA -1.00 1.00 Senior Maintenance Worker CVEA -1.00 1.00 Senior Public Works Inspector (DSF) CVEA -I.00 0.00 Stormwater Compliance Inspector CVEA -1.00 1.00 Traffic Devices Technician CVEA -1.00 1.00 Tree Trimmer CVEA -1.00 0.00 !. ,... + o .....:« n,..:.:,.., 6V~A -1-09 9.90 f~a<~te~jal&+per~iser ~Pr -}:99 &99 Note: Strikeout items represent the positions that are being restored from the budget reduction plan Exhibit A -Budget Reduction Plan Page 30 of 31 "..gin -a:ee ase ?/acct:c.::,>~~:p:nent-'T:Tst°'a:n. C~€A -1-:00 9:00 :b.. w-.-n.~iiciriaa-.i~irii (~c --1-88 9.~ L~ ~ - 8 0 9 .~ 1 8 +y:.~..~.ul vfC••••`cc-o~ii~ EVE'-A 1 / 1/ ~ -cvV 1 l / ~ voV r,r..: ««,._.,....._ TT /,._v,.- r/T E~r~(-{~ -1-88 9:88 l~T..: ~.~..«.. «.... TV~.L..-I/Tl n`~ -1288 999 Parks & Open Space Manager SM -1.00 0.00 Purl=; °"P~~T C"-~" -1-09 9.90 Public Works Manager MM -1.00 0.00 c...:~_,.~,,:«« ..............~_,.__ ~~ - 1- 0 9 8:99 1 l ~l 1 1 S::i:,: n,._,=°>~a:'s"~ C~Ezh -1~~0 8:99 ~__:,.~,»~~ee-ra~.T:,er "~,'~^ -1-:09 9.68 T_.~ ^~-:~ --)-99 8-98 Total Public Works -25.00 13.00 Recreation Administrative Secretary CVEA -1.00 0.00 Aquarist CVEA -0.75 0.00 Assistant Director of Recreation SM -1.00 0.00 Nature Center Grounds Maint Worker CVEA -1.00 0.00 Nature Center Maintenance Specialist CVEA -1.00 0.00 Nature Center Program Manager PROF -2.00 0.00 Nature Center Program Manager PROF -1.00 0.00 Recreation Supervisor II CVEA -1.00 0.00 Recreation Supervisor l1 CVEA -1.00 0.00 Recreation Supervisor lll CVEA -1.00 1.00 Registered Veterinary Technician CVEA -0.75 0.00 Senior Office Specialist CVEA -1.00 0.00 Senior Recreation Manager MM -1.00 1.00 .".ti,:u~^' C~ -1-98 9.99 pccrcut.~,,.,~r-l C~ -x-:99 8:88 Total Recreation -13.50 2.00 Redevelopment Agency and Housing Dir of Redevelopment and Housing EXEC -].00 1.00 Principal Project Coordinator PROF -1.00 0.00 Note: Strikeout items represent the positions that are being restored from the budget reduction plan Exhibit A -Budget Reduction Plan Project Coordinator I/11 Project Coordinator II Senior Fiscal Office Specialist Senior Secretary Total Redevelopment and Housing Page 31 of 31 CVEA -L00 1.00 CVEA -1.00 L00 CVEA -L00 0.00 CVEA -1.00 1.00 -6.00 4.00 Note: Strikeout items represent the positions that are being restored from the budget reduction plan TOTAL PROPOSED REDUCTIONS BY FUND dl" ~o"ok-.-'l.. .fV- ""~''''/&;"'~ ~\~ -ll~ ,--....!!'.:!!! ~::::::::::--..:::- e"yCuJOO'C"'(,,,, Ci""YUu."\,';,,, 27':!,,,u;l'f.:'Ol_" '~'",d" Vi.,o,~, ,.1''-'' -',ll'.6'31.(,1)'4_0:8."7[(,37:;"", MEMO C11Y ()~ CHUlA VISTA ',~,'ft';.o:.'i"~'",-,;~,',;.;r;!F"'itl')>i'J~'!.\.1!l~-i{..t:,'".,P."""~;'':':~,'.ji'!>tg!ii,.~S"''l:.f~12.~~l?''''''N;t'-'\~\''2'':''"~'u",,~",'~ DATE: T'le.,day,JanWJlY13,20U9 / }la~()r'a"dCityC(>!lllciJmcmher9 (-' // <:f)/ 1\ ,1/ COllllt limembl'T~ Rnd\ RclBIIl r7. and Sl( VP ('8St,U1Cc,l,J:\/ l~/ , TO: FRO!vl: cc: City.:\lanager RE: Chula Vi~ta Xalure Cenlet., Parkway Gym and Pool, Easll;,kc Libral')' ~,.,:,.,\tr"~:~:<l!i,),~~"'>ijjjtl;';,i')'GN:~,~'~",,""~'i*,~~~,q..~!~;,,!?,'w_';r"",",'~'.,!iI><'l~';o;.1''l't1'P.jf,~r,1 In an effoli to provido fUllding for ;he Chula Vista Na.tUl"lO Cenler, tile r::asllake Ubrary and ille Parl\way Gym and Peol, we orrerth~se sllggastions: c,,,' .'';'' f: -,vo"..-x. VVc. propose to e-liH11+late,ihe City ofChula IJista's cOl1tributionsto aIl401(a) deeoul,ts lor fl savings of$281,OOO We furiher propose to reduco energycosis by tUlIling off 1,058 slreci lights on non- residential streets in Cllllla Vista for a savings cfS150,2CO Thal1k'louforyourconsideratioll_ addR I jh,~ eJwr;a. .J.cbp '" t; ft<.hllc 5f-e~er; J SAVE PARKWAY II'.CUUT,A VISTA! hUp:/lwww.racehook.com/l!roull.Ilhll.!l!id=415887796lB&reJ.-mf I~()hcrt Cheney (UCSRJ wrote "Ilearm,d to swim there ;Illd look a lot ofmis/crafh c];lsse, lhnc and spent C()Ul1tl~ss hl'\jrsplayiTlginth~rccroom'llldplayinRillth"baskel.b"ll gym_ The place was abig parl ofm)' childhood and helped define who I hecame. Especi~l1y with !I,,, inactive Iilhlyle 01" thckidSlodaylhall'aciJityneedslub""pm"ndacccssiblc:' C:lrl"a,T"hll,on (Easflal{clligh) wrolc "1 play.,,,l baskClball M Parkway since I Was 6ish. I played there I.h wughmiddkschool. and in high sc.hool j ,t:utedpbYlllg volkyl1all there (club pnlctice a ndnpcogym). So yeah, s3vL' lhc gym!" Shallna I\1cr~.(Salll)irgo State) wrole "I went 10 Parkway ,incc I was li11le.11 i~ where llcarncd how to swim' And wenttkL"C on sc1100llield Irip'_ Funlimc,! I plaFd w,H~r polo lhere (with my sc.hool).1 Jjv~ (\HI} a fc\v bloc\;<; away so il ha;; becn awesom~ h:n.ing a pool so dose by, I alsc) pl3Y"'d basketb~lIlhere when I ".as younger (clementar:y) aml did baUd and attempted an art cl3S,.Sou,eflLII<)TalotoJ'things,-' David Garcia (Bun ita Visla Senior Ili::h) wrote "J used 10 go 10 Ih~ ualmc eentef aU th~ lime when I was lilUc_ Il was my Eworirc place to go. I "",uld pelthc shaTh and stull it was rcally sick. I W;lllllo be ahle 10 iak~ my kids th~re! Don"t do,eil' As I(Jr r3rkw3Y. my ij'ii''',) Derek ~",JI 1Ian; heen rJleIT a f~w times just 1.0 play some pick up ba,kctball. It \Vas rim imd I wanl go thcfC ag3in next time Derek is dOWll Ii-om Lollcf'~' Hut ho\v ,an wc play ihere irlh~y ~losl' ii down'!'- Chrislina Lee{lIcrkclcy)wroic "Parkway tallght mc 110,\' to (Il' ,..lay-up amI play baskctball back ill (,I.h grad~! Ilo"cllluoorsoccerandthemllurece11ler'. dnn'ilakc:itdown! :[" .Johnny FI"r~s (Bonil'l Vista S~nj"rHigh) wrole "11 was al parkway tlun I learned to tap dancc. (s\ve~rs)_ ] rc1Tl~mber putting (>n Illy shillY blaekmp shoe,; and f'oingibroughthc hall-I..(\ef()utin~alld fcclingspeciallikelhctnp d[lll~~ guy on ,~",jmc strcet, It ,vas also ~t parhv,,:' lhal 11Irst wenl olfth.'. high Jive and gr,t Iin.doUafSf;)fJoingso,CiooJlj[]\~S, Also. ! ,ccC'nd Da\'id', Illotion al>l,ul lh~ nmllf~ C~n!~r," I~h",,,b Adato (lkrkd,'y) wrote "1 "ell1 !O ,wim :md go III water pol., praclice al Parkw~y Iron! lh~ lim" 1 w~s lhrcc umil I w".' eighleen. To d,)~c it dOWll would lake away \'ilal am] character-buildillg aiicr- ~Lhool ~ctivitj,;s li""n young n~ighh",Il<)od children, Wherc \vill th~y go Ii' lhey c~n'l go lol\Ltlway?Thaiplan,holdssolll:inYIlI"rTlori,'s,lInd''''rIllLchpnteIlli"II,,,new,)l\Csl,' hell\ilck." l{iIH~ Cha'llline (UCSII) 'Hole "I r~llIcmb~r gOillg 1<) I'arkw~y po.)[ wh~n I was "-hOll! X years old and swimrnitlg in thc ponl ".hik' my sisl~r wcnt to synehn""~~ ,wimming pl'actice, 'j'h~ pool ,ervni as b,)tl1" ren~atiollal and lin"'l~ial ~"urc-~ to hoth my mmhL'1' ;",d illY sister. Ivty \--lorn constantly rL'c"llccts her lim~' ,,1' putting 011 ,Yllch,,,ni~.~ swim ,hows. life gllardilll:\. mid l~athillg swimming Ic"nn> had.. whtn ,he was in her Yl'ath. My siSler s~J"\'cd as a 1if~~uard al the p""] as welL 'Ihis '1lIllmu I ,,'a, looking lOw"ds upplying for a liicgllard position. h"",.'vcr iflhc pool i,cl()sing I wnn'thcablctoapplyl;,rllicjnb, In additiOIl to scrvill~ as ~ linan~ial S"III'Ce, Pmkway ,~r\-'~J as a rccr"cLll(\l1ul so"rL'~ 01' mil1~. Ahout ,ix S\1m1l1~rs ago. I h~g"n playing on the' youlh haskdball tl\-I111, Through thi,;. I grev,'10 lo\'c n ,port meet p~"pk il1m;,' commllllily, a, well~, d~vdop my own ,,'ci:llskiIlS?JldpusIlTll:',elfli.':ipcrs,lll. Whcn1 lllink of growing IIp in Chub Vi~la, I cnn't hdp hUllhink arn'll! hl'ing involv~d willi Ihc aCliviti~s m 1'",kw,lV. It is ,\ ["lldrllark for th~ ~Olnnlllllit\-' ,md Ih~ I()s,c, will . .' . gl'~"tly oulwcigll tli~ h~ndilS ifit is ''''"troyed,'' :>'ick Iblt;, (Flunit" Vi'I'l Senior Ilil:h) wmt~ "I kam~d how \ll-,,,im a1 parkway "hml "'a, a kid, and J was able 10 play in all of the' baskctb;lllleagllcslhe'r,'asakid.lmClal<JI\ol'lncndslhcreplayillg:Ill"slorth~Illarc slillli'icndswilh nwtoday. Hadilnol "cen l!lI'parkwayi wouldn'rhue'''goll''"so irlvolvcd inspons:llld "'ollldn01lwvch~col1leavmsit\'baskctball rlavc'l', lthillk . . parkway is;lb'Teal "'''y rorkidslo go 10 ha\'e Ilm in a ,nicand cnringe 'r1vironmcm.l thinkil",ou!dbe~hllgcllli,takel('"lllapbL'LthatisllscdlOhelpmakCl>lIrkid,hcallh)' and better p"opl~." .I..h" F"rlt(tlonita Vi,t"Scniorlli~h)wrote "llo\'~ the nalure ~ClllL:'-:) I haVe' ,Olll" orth~ bCSI IllcLll(lries 11'0111 c'[e'Jllt'Iltury ,,,hool ther.,- 11c.-lllleJ ho", 1<' ,,,,im there 1<\<' ! Il'its closed, how will kids kmn to swim'! 1\" more ~th Gradc ,"'U1l" E\'Cry"n~ "ill drown!! S"pka'c..c1ou.rdo>cpmkw'-".... Erika Reyes (llCSB) wrote "I kal'1lerl to swim at parkway when I was a child_ n,crc wcren't illlY community p001s li,,- nw to go 10 (the ~Lll'a I Jiv~ in ]ntlkrl Est:mci"l doc~n't !lavc iI ~ommlLIlity I'ce celll~r "f a pool We' can visit) sO I \vollld go and ~wim ov~r ill. the parkway pool. In high ~dlQ\lL watcr polo gam~" swim meets and practiecs w"re bdd {here espedaJJy J",-ing /",,;aks, when the usual pools wlTedosed." J\1a\CrickRosales(St.Au~ustinelIigh Sc1w"l)wl'otc "Wh~n I wa, young~f my mOm use to 11lke me lhere for baskelhalL I hOLlcstlythink we shouldn't allow thaI] mean it's been a long limc, and why clo,;~ it. :1" .,\nlllmlrkJjildllh,.,lJHlwrolc -'Water polo gam~s ar~ hdd there. you know ];-omthc high schools. 11\ importaLlt ififs kecping kirls fwm illly'lhing potentially dang~rous situalioll~ lik~ getting into t1rugs, akohol, cte. at ~ yonn!; "-!;c. 'I1mt alone SbOllld he the rc'a,Oll to h,cp I"arkway "peL1. I know whcn I WilS lil.ll~ I altcndccl art classes. gymna'tic~ and dancc c1ass~~ therc, That'cl be horribkto Cllt somdhing likc thm out from th~ younger generation wh~n II wa, making <;ueh a big iml'ad in my life whcn.! was li(ll~" Dayna Waterworth (Bonita Vi,la Senior lIig;h) \"TOt~ "1 was a JUL1ior Lifcgu:ml il(.lhe pool' Plus I remcmb,'r a IOllg, long time ago when they lLse to Jump Inns offish into I.h~ 1'0,,1 and we would try to Cill.eh Ih~l1l ami take them hom~__ and then they'd do the Silm~ Ihin!; hut with ehange. Th~y ,,1way' played 1110VieS r.>11 th~wal1loo__:' Sam Brown (Bonita ...'ism Senjor High) wrok "_\lyfamily'sht~ngoingthe]'eforagesl \VhdherilhciL1rloMsoeCel',l'1llsidesoecl'L baskelh,,1I wNJ,,1I oflhcorhclSport, Iht')'O!llTl Jrsagrcnt pJnc~JllrkidsjD rncctotller people ~l11d Slarl hl-aIHIJ' habits. Let's k~ep It I"' Allison Zeug (Spokane, WA) wrot~ "I ean't imagine Parkway closing, .\1y iirsLjoh. many ycars ago. "'as with the CV Park & Rcc. I lived al th~ fee cenkr on Park \>'\IY. So many ",oLldcl'ful m~l1lofi~s" Jason Finu (HonilaVi,I"SCrlior Iligh)wrole 'Th~ nalllTe' CelLter has beell Oll~ 01' the c<)tllerston~s O1'111Y chiklhood. I can re~all eOlLnlkss lrips to the eent~r wilh my \\.llOlc 1'mnily, ",hcTl' wc could sp~Ild hours cxploring allth~ cool lhing, thnt it off,,]-s_ II would be slJ~h a shame forthis plae~ to be clos~d down, b..:-cause 11l'uly h~I;~v~ it Ii),ters a curiosily l(lrwiJdlif~, ami an appl'eciali<.lll !OolLrsuHounrlings. A~ [,'r Parkw"y, J pby,>d b"skelhall in a Ie"gue therc f'lf 1110~t ormy elemcntary s"hool y~,lf~, Her\:. I no~ ""I)" learned Ihe fundamemal aspect'> of the g'lIn~. bllll ,,[so maJ~ SIl'<lng I'rlcnd,hip~. CI"sing dO\\11 p",kway would be" hugc dctrint~m 1,) Ihc youlh "t' Chili" Vista,'- ,[",IHW Ilill(I'ninll,"'l1al\\'fOle "TJ dllscd dow11 its p<lrkways "nd n~1Ur,' celllcrs and I""k __here i15 gon~. 1,,1 leeping Ih~m opcn allows kids to slay O[Tlh~ slr,'el, and sp~nd lim~ and effort getting tit and lighling obcsity (s~~ iflllerc's some ll'ld "Cstate/nali",,,,1 In~t'nli"c thing m,l}'l.e 10 hl"il' ~ub,idiz~,.? jusl all id,,,q III the C[lS~ ,,1' parkway and !<-mlling lo apprc,-,i"t~ ""lure in ll,e "pliO' named nillllrc' .c'l\l~r.lfs an inlq;",1 pmi ofChll]JI V"I" in (hal il hriugs ~veryon~ H>gclh~r under lh~ b>inllcr \If selt:bcnC'rl11""1 illld imrr,wcmell1 ill b"th c~~~s alld c1"'lll!; (hem would b~ a ~~'erc' blow to moml~ "r"lLr city a, a whole. Il'lay~d r~nealion b",lttball jlllh~ p"rkwa} league sincc ~]emenlary ,<'11001 and il alwlJY~ wa, "plan' 1<\ ];)sterfrl(endship b"lw~~[] n,'w 1"'''l'le from ,mHmd tile city t11m [ nC"n wl'ul,r"C' mcl "lhcrwi5~, 1(, a r]m'~ w~ C"Ll "II comc togeth~r inlhe ~piril of roml"'liti<"11anJ-'p"Tlalldpla,'ingatp~rkwa:..inSl""d"rsilliHgoHlhcCOllChglucdw3 C(lrllplltCr s~re~Ll ull"", c"acl1~s and lh,' g~l1l~ llsdflo il\~liJl "alllc, lh:llla51lL~" lil"'lin'~, p",itivcly affecting ,,,110 we ar~ (In and "ffthe court. I'arkwuy i, CSS~llli,,1 to th~ w~lI. bc'jll': ol'thc ~Cliv~ Chula Visla nmlJl1L'lllty, nnd I COIlHJlelld F]ic' and (jI"l'in for lighting In """e. this ,tHlwnrl h",lion "rour .'''llll1unity's vcry Idenlily li-ol11 hl'in~ clos~d down, -)"" F:ri"(;"1I1l01lwr<'I~ "I h",,<'. he~n con,hl"g J1 !;irl"s ha,l('(I1;1I1 team al ("Ie", Vj~w Charkr t,,,. Il1e past 8 y";"", Th~r~ Jlrc. few othcr ,<:110('], ill olLrelC'\1wI11arv school dislriellhat ol1i:r 1~a1l1S" this I, whal nmkc;; Parkw3)" >0 imp0r1anl i,""mdl,tr;ct"s children_II olli:rs Ih,'ll1opportllnili., 10 P"r1ic;Pill';' In Sp<lIlS ~lld COr.l~ IOl!~lh~r with (\;h~rs ill a p<y;im-e. produCliyc ~'lvir"nmenL Arcl1'lllier~ any ~rants avuil"blc or p(lssihly gen~r(lllS rc,idcnt, who could hclpwlIhdonalions'lilissoimporlJ1lllt<>gelchi]drc'!1(\\ltofthehous~(d\Ida,vayfro\ll lh~ <'olllpllt.er, vidl'(\ g;oll1~s. CIe.) nnd (\HI' ~hildrl"[] ,k,crv" saf~ p],,~~s 10 ,,_,,-'.rclsc' Hill! karn 5portSlll"nship amllcamwork. '11w ~~aT'-'h 1,)[ other opti\>\v; is al,-",lulcly worth the ctT(\n~" Z,'" lIirmtcin (1I<l1,it;o Vi,(" S..ni",-lligh) Wf()l~ "Iuscd \l) h~ve swim rradic~ thcrc and I saw how llI'HlV kids w~nllhcr'-' ((1 swim and th~ iml':lctilhili!onc'()Ll1nllll1ilYlllel11h~r'." ."ll'phanj('C1'lI-kWrDIC "II i~ a ,ati.: w,,)' t'lt kids 10 ~COlllC social mId invohcd in SpClrls...llw)' arc scparall'J by ag~ groups s<, il is iair..,alld ,'Ihcrwi,~ Illl')' may nOI gel 10 play b~~aosc by going 10 pmks".bigg~r kids arc going 10 hog th~"'LLI"(s, and lI1c'r'L'm-eman,- 1''''-C'lllswho C""'"! ~ni,rd to plll Iheir kids ('l) ~Iuh lcrnns...ill\ould be unl1lir to take away ~ chance Ji'r a ,hild to belto! lheir fillur~ mill makc ii:i~11<h ,,-jIh ,imilar inlcres15 as lh"m o,w hudg"l Cllls. ,,-Iany kids go 10 bcucr l"Ollcge, Ihan th~y would haw (lth~rl\ioc b,,~allsc ni'''lhkti" ,dwlal'ships. If they clon'l g~llhc cllnnc" 10 helter th"i,- "thleli~ ,kills ,It a youllg "gc. tb~ c1mllcelo go 10 a b,'ltcl' l"OlI"Sl' could bltak"nlj-,)nllhcll1tp()_lll{\ll'IKno",il'thiswill help gh'c ),HlllIorC n."lISon, Iplight. bUl! only 11,,\'e g<,od m"\TI",il~ m parkway Ilnd I made my firsllnp \0 th~ Ilalllr~ l~nlcr Ihi, y"ar and e'-crr as a ~O ~e~r oJd jt Was an itltcrestillgalldrunwayl<)lcarn.lt"swrollgtodosctlic'pla~t"lha1 InakeposilivcirnpacIs "nlh~ ~omllllLllily,"' Lui,i\Jedin:t "I l'cmemh~r ,,-Il~n I \vns:1 kill I kamC'd 10 s\'\(i\lllhel'~. During ekllll'ntary ,dlooL w~ IJsed to h'lve dance f~stival" th~r~_ "n",-"" k,'pt me real ;]clive when I W,IS i1 kiel, nil.' during smUllwr a<ld thc olhl"rdur;ng Illl'l~lll sea,ons,.,Ahhough I w~s nOl in ha,k,'lball oj' an)" Oflh~ <Hhcr aCli\'ities th<lll<)(ll.. pla~e ~I Par;';way. 1 kIH)\,'ma"y people who ''''re much mor~ involvcd and k~pl everyone <)Ul oftroubk or hcing al hOll\c wasting away and adive while I'Hrl'n\S wcre HI work or \'\'hik not in sdlOnl_ Thlrll,lrt,_. if Parkway Was 10 b~ do>~d" mallY kill> would 10,,, Ihe;r lhildl,,'od and also Ih~ lhilcll,o"ds ofm:my genCralipl"\('C"'m~, /\150, while I'm Oil thi, sllhj~ll, Ih" Nalllrc Ce!l1Cl' is '''''' ot-Chub Visla's besl ~~pl scads. II sl",l!e:r, tHallY wildlife and is d perled way 1,\ gd;Jw<lY Ii-om tl1,' city wilhout really drivirrl; I~L The Nallll'c Ccnter Wa, ,,!so many pf my e1enwnlmy SdlOOI JIl"ll! Irips_ "hicl! kept sch('ol int~rc'ling and ;';epl m" I"obng j,)rw;lI'd tll going e' cry ycar, Ileameel s"'"~lhin:i' n~\\' whik ~pp,<'ci31ing Ihc be''''uy or undisturbed "-iJ<llit,,,"" Ni('k '\;\rlill'on (CSI; Ch;UHltl lslaruls} wrote lk)' people. \\'h~n I rmmd out thm tbe cily \\'~-' dn,illg p~fkwa)' il hil c1o,e to hOT1l~.. I h"'T hcen aw"y r('(llll S;m I>i,'go for;l tew y~ms <lhminillg my (kgrlc in ,0ci<lI"SY. I have helll ~ ~ily elllploy~e 1",- ovcr 7 ycars and ai,,, have: particip;lted youth athkli~s from tI,e ag~ "fR until [was 14. TIl" c\pcrienn' Ih"t I gained wilik "w'r~ing alld playillg withill and mound pMkwa~-' gYI]) Wa, invaluabk 10 my -'lILCCSS ~s an adult. Within Ihal r<Tr~mion ecnter II~amed howlO shoO! and dribble n hask~l"all. I k~n'cd h,1\'"I" \lor;" as ~ learn tll Hchilve vict"ry. how to w'pcct cOlnp~lili"lI, and how I" win aud I",,", [ learned ",hal hard work i~. and what il me'alls to lak~;, brcak <In.[ have some r,m, [ kamcd -,oei31 ,kills thai a", impefmin' 10 ncry Child's h[(;. NO! ollly is thi, gym illl[X'TlanllO indn'iduab. p3nicjpmin~ ill yputh l!\hkl;". hm il i, lib" imporWnll() lho,e ,,-ho particip<ll<" ill open gym Hlli-,ities_ Open gom;, lI~ed b~- many din-hem p"ople ,-,fall "g~', h bs a!\q,y, a beon all impDlUml ha"CIl for "gym rats" wh" "'''nt 10 get in S""lC e\lra shots hd,'r~ a game night. or a Duhcf who io; k,,~hing his son tu play. or, Ill",;l importantly, a young kid who has nowhere' 10 go be~,HLse' his pments "re' woding:. This "YIHhasbc~n,' ilal"ri,'rthlll hCLSSlICccs,fllllyshiddcdco"1I1Icssyomh;; I'romtakin!!" Imll dl>WIl thc wT"ngpath. lfone ".cre' to rell1"V~ this imp"rlllllllool of,oci~\y from lhi, cily ill such a dinic-lIll tin;e in Am~rica. all! eily would los," a po,ilive wmnllmil" 1c01l1hal Sl'rH'S a vital f<Jk in the well being ofonr (il)'. This pusI SCLlurday I was "hie 10 rcl<:fee 1'''Llb;lske\hallgalllesilLpark'''llylorlhe lirsllimc in ar""nd 2y cars. Fad\tcam h'ld "I ka,1 I chiIJlh"llltadcoad"'datsomep,,illl ,dulein hil;h sclwol.ll"dlol'thclllhas grownsignilici!llllyinph;.',i.:al ,killands"cially,andca(borthcparcl1l"ilgr~cdlhm pmkwa)" "-'is inlponanl 10 Ihdr Child, glN'lh. II made !lIe 1",,1 a \cnsc "fpridc hc~aHSC 1 lwJ accomplish~d an imponm\\ r~rsonal g""L to posili"el)" lmpucl a lil<:... ["m hlll1l111<:d IhaLI can nOI tll:llc it to the Illceting because I Id-LLOW[l Sund"y. I r~"lIy want I" v"ic'~ IllY "pinion, SO il would m~"ll ", much irollc or you ~ollld read my ,I;,il'mcnl alllw IlIceting.1 \muluhcindcbl..pleil"cleIJllc'know__th~nlsalolgu)"S,g(>dl>lcs,parl\\'ilY.. rlic.\la:::nld<l(lIni>'ersily"fSan Dic~,,) '-Good "ll~rIl"on coundl illld honorable m"yoL Iv1O' nanlC i, Elissa \1"l;rada mld II",,'~ bCClla Chula Vistare,idenll,,,thcma;0fityormO'lil,,_lamcuuenllyu frcshmanallhc lJni\-cr,ity "rS~1l [)ic~o. \\'h~r" I a[;o play for lhe \\'om~Il'o soccer lcam, Sinc~ kindergarten c'l<'h YTal' 1 h",,'c p'-'rlicipalCd in city-supp"rlc'd a lhlcticu(li,itics, Whelherit is in baskelb,dl, ,()[CCl', Llr illdo"rsoccer, lh"s~ llut!elS h:l"" not only ],clp~J nleto illll'l'Ovemy gilll'C, butth~\'ulsohu,c hclpcd Illee\cel in "II a,p;:cts,>l'mO' lil,,_ Thwugho\lt till' 'cars. l"vchad inLreJihl~Cllachesthat \allght1\1cdifii:r<:nl ,kill,and ~"IICCplS w-hich ha, blilll mc intlllhe mlllcl.' I am lOda)". .\h,,- playing wilh tbe h"y's ill Ih~s,' organi/nl ilnJ c'llmrctjliv~ <l11l1(>sph~r~s had given Ille Lhal Cxlra ~clge on sp~~'J "r I'lay llS "vcll ''''lrc'llglh, Lki"t,;i]girlplayillt,;illamostlyb"yslcuglleguvcl11elh~ opportunity 10 C<'lllpClC at a higher level, alld il also pl'.:p"red lIle. llwlllluch l110r<-', w.henl gol into hig,h school. playing amongst girk No\ onl>' han, lh~,c Clly-nm ~wnlS hdrcd me alhkIlcally. but at;., '<lci~lIy. by making life-long ii:i"nJs_ By playing with kids from all amund Ill.: ""llllllunity. I have develop~d a n~t\\'ork ,II' lficnus, wh" I slill ke~p in t<'lI.:h ".ilh t<,d"y. Every -",-<'Ikn I w01lld ,it ill tl1~ ,;tnnel>. wa\c.hilll\ lllY lillle COLlsillS pl:.]y iI1Joorsocccr,'llld,iUingncxllomcWOllldhcmyold-\C'1ll1l1lalC_''''lll.:hing his YOllng,'r bWlhef"fsiskr pI3)'On lhc' s;\mc team. It"s a good trdingkll()\ving lhilly(>unger geTlermionsale playing in Ih<:s;lme Ieag\r<"as lheones I gr",," up pJay ingm_Tl,ccilyor Chub Vi,ta and ils purh 'lIld gyms will ,d,,,'ays hold spccial mcmorie, I\>r IUe: iL'amillg h","" Lo SWilllll1 Ihe pHllli.: 1'''01. learning I",,,,, 10 rid,';I hik" in FricndslllP PurL alld perfecling. my I-'T"-thw,",,s at "pen gyms "r~ 311 bils anJ pi~ccs of my lih:, and ",'ilh'>L1I Ihcm. I \,"oule! not be who I :!Tl1to<la\",U\' c!iminHing lh~"" slruClu~d a.:tivi\ics lor kid, ill Chub Vistil, iljeopardi/e~ Ihe devc!oprtlc'nl ora child', "",ial. athlelic und per~'l1lal 1,le, Thank y<llL" GI'''-;',.\'lolin;,-I(,lnl,ulO (Suulln...."tcrn Culkgc) "Hon'1I'al:>le mayor and <:oullcilJnt:l1lN:rs, \!,'namei,Gluria).f,,]ina,!OslOlano;uldlamalil,:loogCullla\';S1aresident.11sadd<:ns m<:tostandhci'ol'<:YOlltodaytoilskyoUlOr<:"o,,,iuerth<:newl:>udgdprop'''afwhkh re<:olJlmend, the dosur~ ..rlhe Nalllr~ C<:IlI<:r ;lIld th~ Parkway 1',)[>1 &- Gym, WlliI<: I ha\'eJ1odouhllhatthe<:iIYlJlanagel'wldcityst,i!rlm..~gonetogl'c"t Icngths 1(\ "mil Ihi, 1:>1Idg~t revision dllrir.g sIKh a turbulent e"'lTIomic time, r. along with hund"'u5 0fChula Vist" <:ommunil)-' memlwl's, 1,:<:1 th"llhe prop,,,ition to clo,,: th<:,,, cSlahli,hlllents \vill eliminate ,m enonnous ",pl'd ofwhal it meallS 10 be a Chula Vi<,t, r"siden!. On a 1"-'P;(ll1a]I~\-'cL I <:redil Parkw'l}' with givillg me any. alld pus,ib[y ~Il, "rthe athletic ~bililY I have n~r posses."'ll. .-\s ~ lively seVCII jTM old, 11{\"h'd t" Pal'k\\'"y rwgL'CUllS k> fulfill my ne('dl" be "di\'c wilh othel'childre[l llJvownage_ Jlllhirdgrnde.lpl~'cd,)I],lJl all-girlsh",I.:c'lball leam";;Il1ed [heSboolers. \\'cwl'lllul1defeal"dllll'ouglwlItregubr Se"~'\Il and playoffs, bLlI lInl(lrtunmdy lo,l ill the dwmpionship game, 1I0\.\'~"er, WhC'll I remelllber Ihat Ji,-st sea""I, il is nOl ,,"r nearly p<:rfe~t rl'~prd thallirsl eOllles to mind. RalheL 1 rel1lClllber my lc~TIlIllmeS who ,taneJ orf as sll-allgers, hUI ~rnduaj[y be<:ame friellds, "rill \I11L11l"telyhc~alll<:temlllnJtesag"ill oil Illyba,kethall t<:~m in high s"hool.l l'em"IHhcr th<: impccc,-ll:>k coa<:hing ~liIJrwh" t"ught m~ not only Ihe basic ,kilb ]ll~c',kcl 10 'IKcn'd on lil<:. conrt, hUI who 3[W tau\!bt llle life- 1<:\~,)t15 about ]ll'\\-' to h~ a team- ploy"r,;uluhoWlO~xhibil'llllihli"s<lrre,p"''';1alldco'11Ini1m''nt,:1l1J"ho;lIs1iJl<:dil1llle~ love 1"rlhc~p'lrt1hntin'piredl1l"l"Cl)min\leplayingh"thcomlJc'titi\'ely,,"d reen:"tionally" 1,,1' jTal'S 1" "ome_ I c;I1l-1 expt~ss the dil'li:ITllee plnying spoch has malk on m~' life; "hal'~ more,1Imt i, "mply tn'- own SI<'t:'. J I..now hundreds <"find;,idllal~ lik~ llly,drwh" Ihank PUl'kway I'lfgi,'in!,\thellllhcskills, dri\'<:. and dcd iearionlopurslIea sponoraLlivityl;)[ycar,hcyondlhl'irlll'sttcamasachild. SimiIarly. Parbv-a\' doe, npt "imp]y,nv<:lh<: childl'elJ wh"ploy on it,te ams growing ul'. Park"~lysef"e",tlld<:alS"fth"lh;rt"en,dlOoJ-sbelllngine;I('1hcSwcctwatcrTJni'lnl!igh Scllllolllistri<:l, As a graduate orn'''lila Vista Ili~h S~h,)ol, and a 3-year participant or the Swim nlld IJiv~ progr'llll, l':'lrkw[]y i, Hol "Illy 'wher"" majorily of my swim me<:t~ wcce held. bllt .11", wher<: J had tny I'Tht diving lcSSPll, Ci<',ing d"wlll'arl..way will 31'1','<:1 all of its Sllrrollllding. sl\Idc'nts. illdllJing thos~ fwm lIe"rhy high sch""ls sll~h ~s Chu[a Vista :llld J[illt"Il, who I"~ the Pa,-kway pool 1",- its elos," proximity 10 lraill yeJl' round, Similarly. ,L~ Iii" ,,'cond l:irgest<:ity orSan Dil'gP "",miry, major ll11mhcr~ "rChu]" Vi,t" Cill/.Clt' use the l'arkwaYP(10Iimd.lIherprograms to sn"c1h'cirn eeJo;.Oars<:nior ~OIlH1HlIlity is c~lrl'mdy a"tive illlhe dilr<:r<:nt programs ParkwJY <llfers_ r..ly own gnmdmmher hus lIsed lllC Parkwuy ]'0"] to do a<:robi<: ~~L'-cise thai she <:aflnnl do 011 bnd be<:~u,,~ ofanhl'ili" "~he' applauds lh~ r,'ol I'or hcing the n",,1 a,-aiIable one' ill ber area. a, wcll as lor ke"ping the watcr t~mp~ralllf~ w~rr" enough Ie> s"-tisfy;[ 75 ye,,,.,,ld-\H)m'''I. Chuh. Vi~la I,. ;[lld h,,-s "I ways beell, my IWIIlC', and I h"p~ to l'~lUrn hef" ".hell I am rt'"dy III start a family "rm" t'Wtl Jh,w,'~r. that ,lc~isioll cen:.inl:- de]l<'nds on whill prograrm andscrvi<:eswill bcavailahle l'lftlllllrcgen<:r"lionsorGlUlaVistare,iu"fltS. This includes the <:llnlillunl.io" ol-progmms lhal :lrc l,i\-'()t,,1 t(l ""<:~tin~ a positi",: UHIllllLIIlilY, "m"II"lhcsctb~;.1,I\lIre('ell1erand I'arkwlio' (}Ylll and P"oL O"L' "fmyhesl Ij-;L'l1d,. I.:lis'<l:'llagr:lcia. "hospo~~hel{'rc YOllt;,i, bst'j'ucsday-. b,,-,sl'1I1cd a Fm:ehoi,k !;.fIlUP cmilkd SA VI.: PARKWAY I;-J CHUL,\ VISTA! [njusl a week, Ihe group h;,!s already garnered SUPpl)r! li-,"n ","cr))6 1ll~[I\hcr" stmklll' and parcnt, ,,1iI,e \\"110 arc willing and ,kdlc'aled (0 helpil1!; sav~ hoth Ihe [>"rkway Uyn, ,,,,,11',)01 nnrltlle Nmurc C.'rUn, Til"ughsevcr~l(\flhe'el1\cmb.'r,"lIen<Juniv.'r,iti"s;,!crosslhee\nmlry_thcy arc' all Chllla \'i,m nativ", who h~\'C long ellj",-d thc sccv;c'e, pro,';dl'd ho' tl""c' facilitics, "nd arc will in" 10 gi,,~ lheir Sllppon d~spite heing lI1;l~s """y from CIH,I" \'i;la at th~ P"""nl lilll~. On the group. \w postcd a disn,ssion forum enlitkd "\Vhnt It ;...-1"ans "1",) YO\,"' \\,hi,'I, invited lllell1b~r~ (0 sharc Ih~ir ~Xpel'il'ne~s "I Parkway 'H,d th" l\alurc Ce:"(~,, as wdl '" whyth~y bdieve these l";;l"hl;shments shollld r"main ')P~I1, I wOllld like: 10 sh'lr<' s"n",,,rtksewilhy,,u, Wh~11 comid"ring lhis ne"- budge! pT<l['<,,,t1 I ur!;" y(1U W :""ep lhc citizens or Chula Vist" lirst and f"r~"'ost in your miml. Ii," nol ,)nly ;Jrc they lh~ ,,,k reason lhis <:<lullcij is '. l-k", G . adcf.du;y,t& Jnr;.,.-rroafrD (fi1'::$e.^-+""--f<tm.-) January 13. 2009 I tj'I'I'~'I'1 tl.j.I'I5I.) J'j.I1,~"1 tj...",.., tNt6~1 tl'iMI.[1I Ro,^,"ues , 137.30 , 13'25 $1".0' $137.55 $,"021 S142.Ba Ii"",nd."',", , 141.30 , 15.n ! 1~790 $16:.31 $160.18 "83.63 O.,oi' , 14001 , 119.97) SI22.861 $123.76) S 119~7) $ i20.7~) Noto, Correcting struGtural deficit will not add to reserves_ Wi'. '" ~ '" ~ " DnIJlli!o DO ,,. " ." _10% _1~% lOSS 1991 1993 1995 1997 1999 2001 2003 2QO~ 2007 200S C.,..nc1l8"'R.u"",POI!~Y'ppro...djn1998 G"oeraiF,;.;dRe...rve Reserws-Julyl,2000 Proiecled R"",nues & Transters,~ ~xpe<l<litu'es & TrarlS!ers Out ProjecledDc!cit' (millioiisl S 93 137.3 (141.3) $ (4.0) Projected Fund Baloncel" QfJune 30. 2009 Percentage orOperatjng Budget , " 3.5% PIOjeoted FY 2010 Genoral Fund Defic,1 $ (20011 'G"".,.""",,,"pe~'""mo,'',"''''''_'~;''' , " .~ ,", "",.'''.'~'' -,,;/"., ''''''--':'''/''. . CVEA and WeE salary concessions allow City to restore 30 positions and mitigate service impacts to thecommunily Community Services - Resloresproposed reduction of hours of opera lion at SOLlth and Civic Center library bral1ches - ContinuesoperalioncfParkwaYPGol - Continues operation of Parkway Gymnasium - Reslores line staff for Eastlake Library,continued operation of Easllake Library recuires a sllpelVisorand hourlystaffirlg ','.,- "",,'.,, ,~"../;'si/ ' , "/ <, "",.""'",,,.., ",."",,,.,,,.., "",).,,;"'. " .' . Maintenance Services - Graffiti abatemelltcrew - Urban forestry. tree trimming program -Slriping and Signing, legend crew - Park Ranger program - NDPES clew (&torm wG:ter) - Custodial Services crew - Construction and I~epair position - Public WOlk& Communications (Electronic Equipment Installer) ~ Staffing for Traffic Engineering and Project Design , ">>06001 ""...... P",poo"" p........ 0".".'" 5.."", RotI.......RotI._n.R..""... A"","",,,lIo" R.",,,lonS,,,,,,,,C.,te, p~"'"IISa~~'ng ,-, H"",onRes.o""". R,dc"'''pmentr'9",~,.'Ho",l", E"o"",,, Fino"". "' CI"A""""" CI',C'." "","cWo'" '" ,~. c,~c...,'" A,I",,'S'<"te' CBM To'" 25.00 43.2' 9t.'" ".75 20." 18.GO 74.00 '3.50 ".00 '400 no >6000 152,0' "'."" .,."" 22.25 'no ".,." _200 -475 _""0 _k'" _0.00 _1.C'O _21.50 _'.GO '0' _2.00 -100 _"'0 _'7.00 _2500 _1.00 -2.00 '00 "0'" _1000 _13.50 _5.50 _'0_'" -5." _..00 -'.50 .300 -'00 _>0' _100 _25.00 _'.'0 -"'_00 _1.00 00, 0.00 .,,,.,, -4,,, ~" ." <h 4'" '''% .,,% -33% -,"" -20% _2<0/, _17" .17% .1'" .to';; -9;;; ," _2<% Budget Reduction Plan impacts all departments and will diminish the City's ability to provide services , Community Services Elimination of <!wers;on p,ograms and a~w:tles fa, middle sch~ aHis. youth RedLJotio~ in pUblic service levels at Norman Park Center ClosU'" of the Nalwe Center. Reductron ~r elimlnallon;O! seleel pmg,amming at recreallon 'Oenlers Reduced hours 01 operation. Closllreofthe E:asllake Library, Transfer of the STRETCH and DASH program to anolI1er vendor. ElimlnaMncfallhlXaryp'OQ,ams Elimination of library public outreach. Suopcndedopermlon oflhe HentageMuseum Reduced suppcrt for both Ihe library's public compulers, internal <Xlmpulers 'l's:ems, andwebMe. ";~~~ ~~ Maintenance Services RedUCedpr"venlativelrafficsi9~almaint"nanceDrogramc;ty-wide. May resuilinar.;ncreasel.~:"albncl",ning [[afflcsrgn~:S.IMereb,c"'Jsing traffic congesljon and dela,s Elimil1alionofstfeetmaintenancepositionswillre5ultinanoYerall re<luctioni~streetrecon5Iructlonslaffof50%(clImulaliy,,;ncludingliscal yeaI2007.D8 budge: 'eeucljons), Bac;.Iogs!orl;~erand lIasi'. pickup ,,,ill Increase Eliminationofpurkmaintenancepesitionswmresultinfurtherdegradation of service levels at parks ; . , ,~.. ,,", . Public Safety Elimination af patrol CSO Program will shincaUsfoPalrol Offic",s, Elimlnafion otthe K.9 program may result ,n increased nsktofregu lar pat,ol officers and time delays Eliminatron olthe Street Team and t~" JUDGE u~rt will essen~ally end tt1eClty'spfcactlv"pat;olprogramandspecialize(ienforc"m"r.;et:o~s Reduction o/Police Agents trom the Invest'gatiQns Division ,,;11 a ffeet follow-lip investigations and participation in rcgionaltask forc es. Community relations an~ oweach will 00 severely impacted by the etiminaltoo ctt~e Public blormalion C;;.ce.. Th"rB...~1I nO longe, 00 any proactive med,a conlact from the Police Department. Cros5,t3flingthe Urban Search and Rescue vehicle will result in decreased spedalized rescue capabilities and coverage. Respo nse times may also increJse. Cross staffing of Truck 51 mal' result;n inc,eased response times Development Services Eliminabon al AlNance Planning po..;,ons will im"aclimplerPe:lt3bOll 01 the OtJY Valley Reg,onal Park and the Historic Presenration progr am, Transfar of one Code E~farcement OIfJcer trom the Sign Enforcement Progr",m tc1l1e Residenti31Abandoned Property Program ReduttjOllcrbuildlngpositiOllslnthe~e"e1cpmentSenricesFundwill rssull in inc,eased respor.." bmes to requeslsfor servlCe, Elimina'ion ofa plunning position in the Oevelopment Services F undwill significantly impact the departrPcnt'sefforts in implemenllng zoning documents. o I~ ' ~.~- Administration 1 . .... ",.,,,,,'^,,'. .,. ,- ,.... [I,mination of the Offi<;a of Communications will impact tlle<:Jia relat<ons and Dublicinformation etfortsinclud,ng publications and web coni ent. Ehmloa!.anorsup;>C!'110o~:..'dee<:crlO".icdevelop.,,"e"lofga.l,zauons...ill sevef~ly limit the City's ability 10 compete with other cities lor ~corlOmic develcpmt>ntopportlJnltles related to jobs and lax revenue growth Elimmation 01 a webmaster position will negattvely impaCI roll-out of addil;Male'9ove.71mentapplica~on$ Reduced staffing in 1M Purchasing Division will result in delays in reviewingD~dapprovingCO"lract$_i5"uingfurmalbids.plDce5sing requisiliDns, and processing payments to vendors_ RedUCed statrtng in Huma~ Resources OperatIon; ~~II resUlt ill delays ill recruitrnel1lS 31ld reduced ability lO provide bellefrt alld payroll sup port. Council adopt the resolution authorizing the City Manager to implement the budget reduction plan , . =tiS. \.\"",,,~O'o\.~" ~ ~/C~.-e{.lo. P""poscd B"d~d for Department "r .\Iayor and Council, Z(/09'Stil l. R",,' budge-.! used i, ~1aJ1agns proposal8s descl'ib~d m the jlecunb"l' 3,J lllCUlCI !i-mn lOd VaIl Ecnoo (hatddill<:stbelv1allng~r'spl'Ol)(l~c'd bmh'eL 2. ]1;h!Lll1nin a 60/'W ratio onimding belw"~n the ~1aYl\r and c~ch Council seal. 3 \laYOT and CclL1ncillll~ll1bGl's may adjUiI r-unds <'1110"[; lilJ~ lklllsiCillegwics ilLcmcling 10 (j,eil' nee"lls. ..~, Set supplies JJ1d services Ii,t Co,,"cil as 50",';' of\-fayor, S_ lZducr fundmg for Aumillislra(;onI'rOl!loliom-Pro.f['ssi(lIw! SC/'l;~"S t\Ulding, by 30% 6. lleducc fllmliLlg in AdminiSlration Tw\'e/iXfel'/il!g.\/'C,'or!fi-rcnce.I' item by 25'/'0, Flim,nalc l'ullJil1t\hlr:YLly,or'sChicl"ofSlalfposill(\n_ 8_ !,:jjmJJ)"I~fllll;\ing for Ivbyol"s Cllastal AJvisor p()~jliQn, ~. AdJ \layoral stafepo,iti"n 10 LTpbce Chicfol-Staff"llhc l'ilte ol-a full:' ('unded Council ALl"'. Tl", lIlJinlaiw the (,0./40 ralio bct,,'em the \hyor's btLcI~ct aml ('.uch COLLLlC.il seaL. 10, Rdurn apl'w;,;illlOl(c!Y $250,000 lo ([lC (;eneral Fund, a reduction ul 17'>'ofi-olllthc\,la!lU~cr',; proposed budt~el Cox/CaslaneJa_Jallllury 1J,20()'! "4'23:0 TrIA X run Rd 5 ,., . ( .", I Nil qO, Ci. "- , 'I12.ln(.. I/Iyo") De" 'N\o.\lO r C OJ(, I -My,__Ly,mt" is ()ohie} Mnr,.,,,ez, :r \ nv~ c" i p hr~. T lAin htrrl' t" q,) ; t)l1f- T 'vI/ClS: S'1e k. I tJn r c~ r ()! \O(jY1 tn ()o .JhrJt it 110\' ,L...l:.cJ;t n(). 1_ h vh,.."nf' IIntI ,J C Io",~ tlo,t'} 'f ""Ix Nol'turf Centf'r\ 1: ( '" n't "dr) ,,'t \/'\ s t (1, , 5 IIJ(u~1 V Dcmrc-I M