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HomeMy WebLinkAbout2009/05/12 Agenda Packet ., I declare under panel;'; 0: perjury lh~t I am ~ ~ '.t- ed by the City ot Chula \iista In the ~ the City Clerk and that I posted this ~;~~~ on the bulletin board according to ~~~~ . req i aments. L' . CllY OF '()" SIGNED/f--.-/ mULA VISTA Cheryl Cox, Mayor Rudy Ramirez, Councilmember James D. Sandoval, City Manager John McCann, Councilmember Bart Miesfeld, City Attorney Pamela Bensoussan, Councilmember Donna Norris, City Clerk Steve Castaneda, Councilmember REGULAR MEETINGS OF THE CITY COUN"CIL, THE HOUSING AUTHORITY AND . A SPECIAL MEETING OF THE 'REDEVELOPMENT AGENCY May 12, 2009 6;00 P.M. Council Chambers City Hall 276 Fourth Avenue CALL TO ORDER ROLL CALL: Counci1members Bensoussan, Castaneda, McCann, Ramirez, and Mayor Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE; Cynthia Berndt, Cultural Arts Commission . PRESENTATION TO THE MAYOR AND CITY COUNCIL OF A CHECK IN THE AMOUNT OF $20,000 BY DUANE BUCKINGHAM OF THE CHULA VISTA ROTARY CLUB FOR THE RENOVATION OF MEMORIAL BOWL . PRESENTATION OF A PROCLAMATION TO CHULA VISTA EMPLOYEES TOM ADLER, SENIOR CIVIL ENGINEER; BRIAN CATACUTAN, ASSISTANT PLANNER; JANICE KLUTH, SENIOR PROJECT COORDINATOR; MARISA LUNDSTEDT, PRINCIPAL PLANNER; FRANK RIVERA, PRINCIPAL CIVIL ENGINEER; AND ROBERTO SOLORZANO, ASSOCIATE ENGINEER, CELEBRATING MAY AS BIKE TO WORK MONTH AND MAY 15TH AS BIKE TO WORK DAY .. PRESENTATION BY MARIA FILIPPELLI, SANDAG PROJECT MANAGER, AND JACK BODA, SANDAG DIRECTOR OF MOBILITY AND CAPTT AL PROJECTS, REGARDING SANDAG'S REGIONAL BIKE PLAN AND THE NEWEST SEGMENT OF THE BA YSHORE BIKEWAY . PROCLAIMING THE WEEK OF MAY 17-23, 2009 AS NATIONAL PUBLIC WORKS WEEK " · PRESENTATION TO LEAH BROWDER, DEPUTY CITY MANAGER, BY MAYOR COX CONSENT CALENDAR (Items I - 6) City Council (Item 7) City Council/Redevelopment Agency (Item 8) Housing Authority The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember. a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. I. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 TO REZONE ONE .17 ACRE PARCEL LOCATED AT 440 FOURTH AVENUE FROM R3 (MULTI-FAMILY RESIDENTIAL) TO CO (COMMERCIAL OFFICE) (SECOND READING AND ADOPTION) Adoption of the ordinance allows the applicant to change the property from a Multi- Family Residential (R3) to a Commercial office (CO) zone. This ordinance was introduced on May 5, 2009. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the ordinance. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT, INC. TO PROVIDE FINANCIAL ADVISORY SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On January 20, 2009, the City Council approved a Fiscal Health Plan that provides for a long-term financial strategy. To this end, staff issued a Request for Proposal (RFP) for financial advisory services to assist in preparing this long-term financial strategy. As part of this financial strategy, it is anticipated that debt restructuring of the 2000 and 2002 Certificates of Participation, which funded the construction of the Public Works Yard and Police Facility, may be a recommended course of action. The financial advisory firm would assist the City in restructuring its debt in a way that would best meet the City's long-term financial goals. (Finance Director) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN-BUILD AGREEMENT WITH YOUNG ELECTRIC SIGN COMPANY (YESCO) FOR THE DESIGN AND CONSTRUCTION OF THE CHULA VISTA AUTO PARK SIGN (CIP NO. RD248) The City has selected a contractor to design and build a freeway sign for the Chula Vista Auto Park. Adoption of the resolution awards the contract to Young Electric Sign Company. (Public Works Director) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda http://www.chula vistaca.gov May] 2, 2009 4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT WITH MCMILLIN TERRACOTTA, LLC FOR TERRACOTTA PHASES 5 AND 6, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT WITH OT A Y RANCH VILLAGE IT-PC-13, LLC FOR THE VILLAS DE AVILA MODEL HOME UNITS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO The City of Chula Vista requires the payment of various processing, development impact, capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities. The payment of these fees is a substantial commitment for many projects, and spreading the payment of the fees over an extended period may assist in the development of projects. In December 2008, members of the development community contacted the City and requested an extended payment schedule program be considered. The ordinance establishing a payment plan was approved by the City Council and became effective on February 6, 2009. (Public Works Director, Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolutions. 5. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FUNDS UNDER THE SAFE ROUTES TO SCHOOL PROGRAM IN THE AMOUNT OF $621,115 FOR THE "SAFE ROUTES TO SCHOOL - OT A Y ELEMENTARY AND RICE ELEMENT AR Y " PROJECT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "SAFE ROUTES TO SCHOOL - OTAY ELEMENTARY AND RICE ELEMENTARY" (TF-361) AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) In January 2007, the City filed a grant application to the State under the Federal Safe Routes to School Program (SRTS) for funds to improve pedestrian facilities adjacent to Otay and Rice Elementary Schools. On June 7, 2007, the City was approved for the SRTS Federal grant. As a result, staff recommends that the City Council accept the grant program funds and authorize the appropriation of funds to a new CIP, "Safe Routes to Schools - Otay Elementary and Rice Elementary Schools" (TF-361). This project will provide improvements to enhance pedestrian safety adjacent to Otay Elementary School and Rice Elementary School. (Public Works Director) Staff recommendation: Council adopt the resolutions. Page 3 - Council Agenda htlp:! /www.chulavistaca.gov May 12, 2009 6. RESOLUTION OF THE CITY COUNCIL OF THE ClTY OF CHULA VISTA ACCEPTING A PETITION AND DECLARlNG ITS lNTENTION TO INITIATE PROCEEDINGS TO CONSIDER THE FORMATION OF AN ASSESSMENT DlSTRICT FOR OXFORD STREET FOR THE PURPOSE OF FlNANClNG THE CONSTRUCTION OF STREET IMPROVEMENTS AND DlRECTING THE CITY ENGlNEER TO PREPARE AND FILE AN ENGlNEER'S REPORT AS REQUIRED BY LAW Residential properties along Oxford Street between Third Avenue and Alpine Avenue are currently without curbs, gutters and sidewalks. Additionally, the street is deteriorating. The City has received a petition signed by 25 of the 40 residents of this neighborhood requesting that a special assessment district proceeding be commenced for the purpose of financing the construction ofthese improvements. (Public Works Director) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE ClTY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE ClTY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE ACCOUNTlNG FIRM OF CAPORICCI AND LARSON, CPA'S, TO PROVIDE AUDITlNG SERVICES, AND AUTHORIZING THE ClTY MANAGER TO EXERCISE TWO ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT Section 1017 of the Chula Vista Charter requires an annual independent audit of the City. The current three-year agreement with Macias, Gini & O'Connell, LLP terminated with completion of the June 30, 2008 audit report. A Request for Proposals to provide auditing services for the City and Redevelopment Agency was issued February 23, 2009. Adoption of the resolution approves an agreement with Caporicci & Larson. (Finance Director) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE HOUSlNG AUTHORITY OF THE ClTY OF CHULA VISTA REGARDING ITS lNTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR THE LANDINGS n AFFORDABLE APARTMENTS At this time, the Housing Authority of the City ofChula Vista is considering a Resolution expressing the Authority's intent to issue multi-family housing revenue bonds in an amount not to exceed $42 million to finance the proposed project. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR Page 4 - Council Agenda http://www .chulavistaca.gov May 12.2009 PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak"form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9. CONSIDERA TION OF CHULA VISTA'S PORTION OF THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM The San Diego Association of Governments (SANDAG) has notified the local agencies that requests for the July 2009 amendment to the Regional Transportation Improvement Program (RTIP) may be submitted beginning April 20, 2009. Signed resolutions must be submitted to SANDAG by June 5, 2009. The City will need to submit a request for amendment in order to add funding for projects that are included in the City's Capital Improvement Program for fiscal year 2009/2010. (Public Works Director) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART-A OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY ST A TEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART-B OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGfONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS Page 5 - Council Agenda http://www.chulavistaca.gov May 12,2009 C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART-C OF THE JULY 2009 AMENDMENT TO THE TRANS NET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFrCATlON AND fNDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART-D OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART-E OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DlEGO ASSOCIATON OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORT A TION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDlNG CERTIFICATION ANn INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNETFUNDS ACTION ITEMS The item(s) listed in this section of the agenda will he considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" jhrm (available in the lobby) and submit it to the City Clerk prior to the meeting. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITIATE PROCEEDlNGS TO CONSIDER.THE ESTABLISHMENT OF THE CHULA VISTA TOURISM MARKETING DISTRICT FOR THE PURPOSE OF LEVYING AND COLLECTING ASSESSMENTS ON LODGING BUSINESSES The Chula Vista Chamber of Commerce and the Chula Vista Convention and Visitors Bureau, working in concert with lodging and business. owners andhmembers_of the business community has prepared a plan for the formation of Chula Vista -Tourism Marketing District (CVTMD) which will levy a self-assessment on motel and hotel rooms. The CVTMD will create a source of funding for renewed operation of the Convention and Visitors Bureau and for expanded promotion of tourism opportunities in the City. (Deputy City Manager/Development Services Director) Staff recommendation: Council adopt the resolution. Page 6 -- Council Agenda http://www.chulavistaca.gov May 12, 2009 11. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL OF AN ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT APPLICATION TO THE DEPARTMENT OF ENERGY FOR $1,974,300, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN AND MANAGE GRANT FUNDS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF A LOAN APPLICATION TO THE CALIFORNIA ENERGY COMMISSION AND PARTICIPATION IN THE SDG&E ON-BILL FINANCING PROGRAM FOR UP TO $7.1 MILLION AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL LOAN AND/OR PROGRAM DOCUMENTS ASSOCIATED THEREWITH As part of the American Recovery & Reinvestment Act of 2009, the City of Chula Vista has been allocated $1,974,300 of Energy Efficiency & Conservation Block Grants (EECBG) to implement strategies to reduce energy use and lower fossil fuel emissions. Adoption of the resolutions approves submittal of the grant application and' authorizes implementation of up to $7.1 million in additional financing options to invest in additional energy efficiency and renewable energy projects. The full suite of projects would eventually create $850,000 in annual municipal cost savings and reduce small business and residential property energy costs by approximately $1 million. (Director of Conservation & Environmental Services, Director of Public Works) Staff recommendation: Council adopt the resolutions. 12. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED MARCH 31, 2009. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $120,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND AMENDING THE PERSONNEL SERVICES BUDGET FOR THE RESIDENTIAL ABANDONED PROPERTY PROGRAM BASED ON OVERREALIZED REVENUES (4/5THS REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1,450,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR UNANTICIPATED PUBLIC LIABILITY EXPENDITURES AND FOR EXPENDITURES INCURRED FOR SERVICES PROVIDED BY THE COUNTY OF SAN DIEGO REGISTRAR OF VOTERS FOR THE PROPOSITION A BALLOT MEASURE (4/5THS REQUIRED) C. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING AN APPROPRIATION FOR REPAYMENT FROM THE MERGED PROJECT FUND TO THE GENERAL FUND OF ADVANCES IN AN AMOUNT ESTIMATED AT $900,000 BUT WILL BE BASED ON A V AILABLE FUND BALANCE AT FISCAL YEAR END (4/5THS REQUIRED) Page 7 - Council Agenda http://www.chulavistaca.gov May 12, 2009 Section 504 (f) of the City Charter requires quarterly financial reports to be filed by the Director of Finance through the City Manager. Appropriations are being requested from the available balance of the General Fund for hourly staffing of code enforcement activities, public liability expenditures and services rendered by the County of San Diego Registrar of Voters for the Proposition A ballot measure. The RDA is requesting an appropriation in order to repay the General Fund for advances the RDA has received in the past. (Finance Director) Staff recommendation: Council adopt the resolutions. 13. PRESENTATION OF THE FISCAL YEAR 2009/2010 PROPOSED OPERATING AND CAPITAL IMPROVEMENT BUDGETS (Public Works Director, Finance Director) Staff recommendation: Council hear the report. 14. CITY COUNCIL CONSIDERATION OF AND POTENTIAL ACTION ON THE CITY OF CHULA VISTA'S REPRESENTATIVE ON THE UNIFIED PORT OF SAN DIEGO'S BOARD OF PORT COMMISSIONERS This item is for City Council to consider and potentially act upon the City of Chula Vista's representative on the Unified Port of San Diego's Board of Port Commissioners and to allow the current Commissioner to address the City Council. Staff Recommendation: Council take whatever action it deems necessary. OTHER BUSINESS 15. CITY MANAGER'S REPORTS 16. MAYOR'S REPORTS City Council consideration to place the Fair and Open Competition Ordinance, submitted by its proponents on March 13, 2009, on the ballot for the June 8, 2010 General Municipal Election. 17. COUNCILMEMBERS' COMMENTS Councilmember Castaneda: Discussion regarding Chula Vista Municipal Code Chapter 8.22, Regulation of Smoking in Public Places and Places ofEmployrnent CLOSED SESSION Announcements of actions taken in Closed Session shall be made availahle by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7). Page 8 - Council Agenda http://www.chulavistaca.gov May 12,2009 18. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTlNG LITIGATION PURSUANT TO GOVERNMENT CODE SECTlON 54956.9(a): A. Sergio Lopez v. City of Chula Vista, et aI., US District Court, Case No. 07CVI272WQH(BLM) B. City of Chula Vista v. Terese Loretz, et aI., San Diego Superior Court, Case No. 37-2007 -00079308-CU-OR -CTRL C. Chula Vista Citizens for Jobs and Fair Competition, et al v. Donna Norris, et aI., United States District Court, Case No. 09CV0897BBEN(JMA) 19. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b): One Case. ADJOURNMENT to the Regular Meeting of May 19,2009 at 6:00 in the Council Chambers. Materials provided to the City Council related to any open-se~sion item on. this agenda are availahlefor public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building 100, during normal business hours. In compliance with the AMERICANS WITH 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 at least forty-eight hours in advance of the meeting. Page 9 - Council Agenda http:// www.chulavistaca.gov May 12,2009 ORDINANCE NO. 1'\ t\v:JJ~\\O~ . t>-~'v ~ AN ORDINANCE OF THE CITY CO~~~~E CITY OF CHULA . VISTA AMENDIN.ceC~E ZONING MAP ESTABLISHED BY SECTION 1~i1.010 TO REZONE ONE .17 ACRE P ARCEL LOCATED AT 440 FOURTH AVENUE FROM R3 (MUL TI-F AMIL Y RESIDENTIAL) TO CO (COMMERICAL OFFICE) 1. RECITALS A. Project Site WHEREAS, the subject matter of this Ordinance is the Zoning Map established by Chapter 19.18.010 of the Chula Vista Municipal Code, and the area of the Zoning Map to be used as the project area is identified as Exhibit "A," attached hereto; and 'tOO,." B. Project; Application for Discretionary Approval WHEREAS, an application was made by Efrain Mascareno ("Applicant") to amend the Zoning Map and was filed with the City of Chula Vista Development Services Department on September 19,2008; and C. Prior Discretionary Approvals WHEREAS, The Environmental Review Coordinator has reviewed the rezone request for compliance with the California Environmental Quality Act (CEQA) and has determined that the rezone was covered under the 2005 General Plan Update EIR-05-01. The rezone would establish the land use designation called out in the 2005 General Plan, and thus, serve to implement the goals and intent of the 2005 General Plan. The office building qualifies as an exempt project pursuant to Section 15303 (c) of the State CEQ A Guidelines, since oi t is new construction under 2,500 square-feet in floor area; and D. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on said project on April 8, 2009, and voted 5-0-0-2 to recommend that the City Council approve the rezone in accordance with the Findings listed below; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on April 8, 2009, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and E. City Council Record on Applications 1-1 WHEREAS, a duly called and noticed public hearing was held before the City Council of the City ofChula Vista on May 5, 2009 on the Project to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same. II NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista does hereby find and determine as follows: A. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the rezone request for compliance with the California Environmental Quality Act (CEQA) and has determined that the rezone was covered under the 2005 General Plan Update EIR-05-0 I. The rezone would establish the land use designation called out in the 2005 General Plan, and thus, serve to implement the goals and intent of the 2005 General Plan. The office building qualifies as an exempt project pursuant to Section 15303 (c) of the State CEQA Guidelines, since it is new construction under 2,500 square-feet in floor area. B. INDEPENDENT JUDGEMENT OF CITY COlJNCIL The City Council has exercised their independent review and judgement and concurs with the Environmental Review Coordinator's determination that the proposed office building complies with the California Environmental Quality Act and has determined that the rezone was covered under the 2005 General Plan Update EIR-D5-0!. The rezone would establish the land use designation called out in the 2005 General Plan, and thus, serve to implement the goals and intent of the 2005 General Plan. The office building qualifies as an exempt project pursuant to Section 15303 (c) of the State CEQA Guidelines, since it is new construction under 2,500 square-feet in floor area. C. FINDINGS FOR COMMERICAL OFFICE ZONE AMENDMENTS The City Council hereby finds that the Findings and determinations made by the Planning Commission continue to be true and correct, and the proposed Commercial Office rezone is consistent with the City of Chula Vista General Plan, and is found to be a public necessity, and a good zoning practice. D. APPROV AL OF ZONING REGULATIONS The City Council does hereby approve the proposed Commercial Office rezone, which will allow the one-story 1,857 square foot office building. III. rNVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. 1-2 IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Gary Halbert, P.E., AICP Deputy City Manager/Development Services Director 1-3 - ~- ------, -.--.-'-' - -- ----.---.--- ---- -.. -- .----.. Approved as to form by ITY COUNCIL AGENDA STATEMENT ~~~~~ cmr of ~~"` CHULA VISTA MAY 12, 2009, Item ~-- ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT, INC. TO PROVIDE FINANCIAL ADVISORY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT SUBMITTED BY: DIRECTOR OF FINCE/TREASURER REVIEWED BY: CITY MANAGER ASSISTANT CITY MANAGER ~i~ 4/STHS VOTE: YES ~ NO ~X SUMMARY On January 20, 2009, the City Council approved a Fiscal Health Plan which provides fora long- term financial strategy. To this end, staff issued a Request for Proposal (RFP) for financial advisory services to assist in preparing this long-term financial strategy. The financial advisory firm would assist the City in restructuring its debt in a way that would best meet the City's long- term financial goals. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 (b) (4) of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopts the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. 2-1 MAY 12, 2009 Page 2 of 4 DISCUSSION On March 13, 2009, the City issued a Request for Proposal (RFP) for financial advisory services following Municipal Code 2.56, Ordinance No. 2517 and Council Policy No. 102-OS in the consultant services selection process. The RFP was advertised on-line in the Bond Buyer, a national publication, and posted electronically on P1anetBids, a web-based vendor and bid management system that is widely used by other local agencies. In addition, many financial advisory firms were contacted directly and invited to participate in this process. In total, five proposals from national and regional financial advisory firms were received, and all five firms were interviewed. Only firms that are members of the National Association of Independent Public Finance Advisors (NAIPFA) were considered. NAIPFA is a professional organization limited to firms that specialize in providing financial advice on bond sales and financial planning on public projects of public agencies. NAIPFA member firms must be completely independent of the underwriting of municipal securities by banks and securities dealers. Member firms must also be structured such that financial advice is not incidental to any other service. A three member panel consisting of the City's Director of Finance, Assistant Director of Finance and Treasury Manager was created for the selection process. The following criteria was used in the selection process: • extensive experience in preparing long-term financial plans, • extensive experience in structuring complex financings, • experience of assigned Project Manager and staff, • thorough understanding of the City's financial challenges as demonstrated by a comprehensive analysis in the written proposal, • pricing/costs. All five firms who submitted a proposal were interviewed. The firms were Fieldman Rolapp & Associates, Harrell & Company, KNN Public Finance, Magis Advisors and Public Financial Management, Inc. After a comprehensive evaluation process, the selection panel recommends the contract be awarded to Public Financial Management, Inc. (PFM) as the City's financial advisor. PFM is best suited to meet the City's needs as the firm has extensive experience in restructuring debt, developing complex financing structures and preparing long term financial strategies for municipalities in fiscal strain. They have developed complex multi-year financial models for cities around the country, from Philadelphia to Long Beach, and are competitively priced. 2-2 MAY 12, 2009 Page 3 of 4 Total Scores by Firm PMF 48 KN N 42 Magis 39 Fieldman & Rolapp 38 Harrell & Co. 37 Debt Restructuring As part of the City's Long-Term Financial Planning process, all outstanding debt will be reviewed for refunding opportunities and for recommendations on how to mitigate the cash shortfalls in development revenues normally applied to debt service payments. Since 2000 the City has issued $143 million in debt used to fund several major capital projects such as the new public works yard, police facility and the expansion of the Civic Center. The debt service payments. for these capital projects are funded out of various sources such as the General Fund, Residential Construction Fund and Development Impact Fee Funds. The General Fund's annual debt service "commitment" is projected to be approximately $11.9 million, or approximately 7.9% of the projected General Fund operating budget for fiscal year 2008-09. Approximately $5.2 million was to be funded by Development Impact Fees but due to the significant drop in development related revenues, the debt service payments will have to be funded through inter-fund loans or a restructuring of existing debt until the current economic and mortgage crisis passes and development returns to reasonable levels. As part of this financial strategy, it is anticipated that debt restructuring of the 2000 and 2002 Certificates of Participation, which funded the construction of the Public Works Yard and Police Facility, may be a recommended course of action. Debt Service Obligation * As of June 30, 2008 audited financial statements. 2-3 MAY 12, 2009 Page 4 of 4 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. FISCAL IMPACT Current Year Impact No fiscal impact to the General Fund in the current fiscal year. On-Going Impact All costs of issuance, including the cost of the financial advisor, underwriter, bond counsel and disclosure documents related to bond refinancing/restructuring will be paid from the bond proceeds and will be dependent on the bond sizing and negotiated terms. The long-term fiscal impacts to the City related to restructuring/refunding will vary depending on the terms of the restructuring and the market conditions at the time of the refunding. A complete analysis will be provided once the various options are considered. The fiscal impacts to the General Fund related to the Long-Term Financial Planning process will depend on the scope of work as defined by the City Manager and Finance Director as the City moves towards implementation of the City's Fiscal Health Plan. ATTACHMENTS A. Pricing Sheet B. 2 Party Agreement Prepared by: Nadine Mandery, Treasury Manager, Finance Dept. 2-4 Financial Advisor RFP Pricing Sheet Attachment A ~f~r ~~ ° ~., . ~ ~ e ~'.Issu~n~~efu€~d~(rg~~~~fc~ „ ng Term . naii~ta ~ ; (1 PFM $30,000 to $40,000 each bond issuancelrefunding or $60,000 to $15,000 to $20,000 for a basic 5-year model with category level detail and $80,000 for all outstanding COPS integrated CIP. Out of pocket expenses capped at $2,500. $25,000 to $40,000 for a robust 5-year model with basic fund level detail and more complex assumptions. $40,000 to $55,000 fora 10-year model wffund-level detail, scenario analysis, and a labor costing component. Magis $36,500 for 2 or less bond issuances/refundings not to $300 per hour. exceed $50 million. Out of pocket expenses reimbursed based on actual costs + 6%. N KIVi~ $55,000 to $105,000 depending on bond sizing & number of $75,000 to review fiscal policies and captial budgets and develop a fiscal issuanceslrefundings. model to run alternative scenarios. Out of pocket expenses capped at $4,000. Fieldman & Rolapp $60,000 for up to $100 million in bond issuancelrefunding. $60,125 to identify refunding strategies. Out of pocket expenses reimbursed based on actual costs + 3%. Harrell & Co. $80,000 per bond issuancelrefunding + $10,000 per Official Statement. $5,000 for basic cash flow analysis and refunding strategies. Out of pocket expenses capped at $1,500. RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT, INC. TO PROVIDE FINANCIAL ADVISORY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on January 20, 2009, the City Council approved a Fiscal Health Plan which provides for along-term financial strategy; and WHEREAS, staff issued a Request for Proposal ("RFP") for financial advisory services to assist in preparing this long-term financial strategy; and WHEREAS, as part of this financial strategy, it is anticipated that debt restructuring may be a recommended course of action; and WHEREAS, the financial advisory firm would assist the city in restructuring its debt in way that would best meet the City's long-term financial goals; and WHEREAS, in March 13, 2009, the City issued a RFP for financial advisory services; and WHEREAS, the RFP was advertised on-line in the Bond Buyer, a national publication, and posted electronically on P1anetBids, a web-based vendor and bid management system that is widely used by other local agencies; and WHEREAS, in addition, many financial advisory firms were contacted directly and invited to participate in this process; and WHEREAS, in total, five proposals from national and regional financial advisory firms were received, and all five firms were interviewed; and WHEREAS, a three member panel consisting of the City's Director of Finance; Assistant Director of Finance and Treasury Manager was created for the selection process; and WHEREAS, after a comprehensive evaluation process, the selection panel recommends the contract be awarded to Public Financial management, Inc. ("PFM") to be the City's financial advisor; and WHEREAS, PFM is best suited to meet the City's needs as the firm has extensive experience in developing complex financing structures and has been the # 1 financial advisor in the country for five straight years; and WHEREAS, they have developed complex multi-year financial models for cities around the country, from Philadelphia to Long Beach, and are competitively priced. 2-s Resolution No. 2009- Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Agreement with Public Financial Management, Inc. to provide financial advisory services, and authorize the Mayor to execute said Agreement. Presented by Maria Kachadoorian Director of Finance Approved as to form by frv~ Bart C. Mies eld City Attorney 2-7 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 COUNCIL ;_ Bart C. Miesfeld City Attorney Dated: 5 - ` ` 4 Agreement between Public Financial Management, Inc. and the City of Chula Vista for Financial Advisory Services 2-8 Parties and Recital Page(s) Agreement between City of Chula Vista and Public Financial Management, Inc. for Financial Advisory Services This agreement ("Agreement"), dated May 12, 2009 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, Public Financial Management, Inc. has extensive experience developing complex financing structures and has been the # 1 financial advisor in the country for five straight years; and, Whereas, the City requires the services of Public Financial Management, Inc. to assist in preparing along-term financial plan and in developing the optimal structure for the City's debt restructuring as needed; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; and (End of Recitals. Next Page starts Obligatory Provisions.) 2 - 9 Page 1 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 10(C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. 2-10 Page 2 F. Insurance Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the Consultant, his agents, representatives, employees or subcontractors and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope of Insurance Coverage must be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Contractor must maintain limits no less than: General Liability: $2,000,000 per occurrence for bodily injury, personal injury and (Including operations, property damage. If Commercial General Liability insurance products and completed with a general aggregate limit is used, either the general operations, as applicable) aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. 2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation Statutory Employer's Liability: $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee 4. Professional Liability or $2,000,000 each occurrence Errors & Omissions Liability: Deductibles and Self-Insured Retentions 2_ ~ ~ Page 3 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: (1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (2) The Consultant's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance. (3) The insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (1) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. 2-12 Page 4 (3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (4) A copy of the claims reporting requirements must be submitted to the City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors Consultants must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants are subject to all of the requirements included in these specifications. G. Security for Performance (1) Performance Bond In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, htt~://www.fms.treas.~ov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the 2-13 Page 5 limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph 18. (2) Letter of Credit In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18. (3) Other Security In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. H. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision of these materials beyond thirty (30) days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth 2 -14 Page 6 in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate"). Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer 2-15 Page 7 If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or 2-1 6 Page 8 Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. - 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers), the following indemnification provisions should be utilized: (1) Indemnification and Hold Harmless Agreement With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising 2_ ~ ~ Page 9 out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. (2) Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this agreement, but this indemnity does not apply liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City 2 _ ~ 8 Page 10 City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants" . 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures 2-~ 9 Page 11 No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has- first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. 2-20 Page 12 D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. (End of page. Next page is signature page.) 2 - 21 Page 13 Signature Page to .Agreement between City of Chula Vista and Public Financial Management, Inc. for Financial Advisory Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: City of Chula Vista By: Cheryl Cox, Mayor Attest: Donna Norris, City Clerk Approved as to form: Bart Miesfeld, City Attorney Dated: [Name of Consultant] By: [Name of Person, Title] By: [Name of Person, Title] Exhibit List to Agreement (X) Exhibit A. 2-22 Page 14 Exhibit A to Agreement between City of Chula Vista and Public Financial Management, Inc. 1. Effective Date of Agreement: May 12, 2009 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ()Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ()Industrial Development Authority of the City of Chula Vista, a ()Other: , a [insert business form] (~~CirS'~~) 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: Public Financial Management, Inc. Janice Mazyck, Managing Director 5. Business Form of Consultant: ( )Sole Proprietorship ( )Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 633 West Fifth Street, Suite 6700 Los Angeles, California 90071 Voice Phone: (213) 489-4075 Fax Phone: (213) 489-4085 2-23 Page 15 7. General Duties: The firm will be responsible for providing a broad platform of services that will result in the successful execution of financial transactions. The City's financial advisors have traditionally advised the City in structuring the issuance and sale of bonds, notes, and other securities as well as providing assistance and analyses for various projects, including negotiating financing terms, drafting documents, and advising on legislation, regulations or other procedures. 8. Scope of Work and Schedule: A. The scope of services that the Consultant shall perform include, but are not limited to, the following: 1. Advise and assist the City in preparing along-term financial strategy which would include a comprehensive review of the City's budgetary and forecasting models, and overall financial structure. 2. Advise and assist the City in considering and structuring various modes of financing, including but not limited to refundings, credit-enhancement, leased equipment financings, general obligation bonds, pension obligation bonds, and lease revenue bonds/certificates of participation. 3. Advise on the amount, timing and nature of borrowings, as well as the credit structure, maturity schedule, call provisions and other items, as needed 4. Advise on the merits of competitive, negotiated or private placement of debt. 5. Assist in the preparation of Official Statements, notices of sale (competitive offerings) and other appropriate information to prospective bond and note investors. 6. Assist in preparing and presenting timely and adequate information on proposed financings and the City's finances and operations to the bond rating agencies and institutions providing credit enhancement. 7. Evaluate the terms and recommendation of acceptance, rejection or regeneration with respect to sale bids or final pricing as applicable. This includes confirmation of competitive bids, and verification reports in the case of refundings. 8. Advise on such matters as bond registration, printing, and other matters related to the settlement and delivery of the bonds or notes, as required. 9. Assist with preparation of RFPs and evaluation of proposals for the procurement of: - Credit enhancements, including Letters of Credit and bond insurance - Investment banking services - Financial printing - Competitive offerings Page 16 2-24 - Paying Agent or Trustee - Escrow Agent, if required - Verification Agent, if required 10. In the case of competitive offerings, assume responsibility for the following: - Preparation and advertisement of Notice of Sale - Preparation of Bid Form - Advice as to manner of bid procedures - Management of competitive bidding procedures 1 1. Attend (in person or by telephone, as required) meetings related to debt offerings and participation in the deliberations at such meetings, including: - Preparation of Official Statement with the entire working group - Due diligence - Rating agency presentations - Pricing - Closing 12. Provide ongoing financial advisory services as necessary, including: - Review financial issues with the rating agencies (and arrange and support calls and meetings) relating to specific debt issues and to periodic updates. - Evaluate unsolicited financial proposals received by the City, including but not limited to refundings and alternate forms of financing vehicles like risk management products. - Provide advice on investor relations and assistance in preparation of related presentation materials. 13. Advise and assist the City in structuring short-term financing programs including tax revenue anticipation notes, lines of credit, letters of credit, or other financings as required. 14. Review bond documents, regulations, rules, proposed legislation, and other documents relating to the City's financing programs. 15. Assist the City staff in drafting and preparing Continuing Disclosure documents for the investor community. 16. Assist the City when necessary in negotiating and preparing any agreements between the City and other jurisdictions participating in any financing program. 17. As necessary, resolve issues regarding the sale and issuance of bonds that are raised by prospective purchasers, rating agencies, or public officials. 18. As requested, prepare and maintain projected debt service, debt outstanding and other schedules related to City debt for use in the City budgeting processes and official statements. Page 17 2-25 19. Provide other technical assistance on debt financings, bond ratings and financing alternatives as requested by the City. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ()Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Long-term financial plan due by June 30, 2010. Deliverable No. 2: Debt restructuring services will be on an ongoing basis as needed, but shall be completed not later than June 30, 2014, unless otherwise extended at the sole discretion of the City. D. Date for completion of all Consultant services: June 30, 2014, unless otherwise extended at the sole discretion of the City. 9. Materials Required to be Supplied by City to Consultant: The City agrees to make available to Consultant, without cost, sufficient copies of any applicable reports, agreements, contracts, resolutions and other relevant documents and data as reasonably may be required from time to time for the prompt and efficient performance by Consultant of its obligations hereunder. 10. Compensation: A. ()Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: ,payable as follows: Page 18 2-26 Milestone or Event or Deliverable Amount or Percent of Fixed Fee () 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ()Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ () 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or Page 19 2-27 such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement (for Deliverable No. l ) For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) ()Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ , including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) (X) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials not to exceed $50,000 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee Name of Consultant Hourly Rate Managing Director Janice Mazyck $ 310.00 Senior Managing Consultant Julio Morales, Craig Hoshijima $ 260.00 Consultant Nii Addy, Thomas Jacob $ 200.00 ()Hourly rates may increase by 6% for services rendered after [month], 20 , if delay in providing services is caused by City. D. Other (for Deliverable No. 2) Page 20 2-28 With respect to debt restructuring services, the Consultant shall assist the City in refunding up to four Certificates of Participation ("COP"). The fee for these services shall be based on: (i) the number of COPs the Consultant actually refunds; (ii) the time spent by the Consultant on the restructuring services (using the hourly rates reflected in 10.C., above); and (iii) the completion of the restructuring. Within the above parameters, the City Manager shall have the discretion to negotiate the actual fee to be paid for. debt restructuring services, up to a maximum of $80,000. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: () None, the compensation includes all costs. () () () () () () () (X) Cost or Rate Reports, not to exceed $ $ Copies, not to exceed $ $ Travel, not to exceed $ $ Printing, not to exceed $ $ Postage, not to exceed $ $ Delivery, not to exceed $ Long Distance Telephone Charges, not to exceed $ Other Actual Identifiable Direct Costs: Out-of-pocket, not to exceed $2,500 per transaction not to exceed $ 12. Contract Administrators: City: Maria Kachadoorian, Director of Finance/Treasurer 276 Fourth Avenue Chula Vista, CA 91910 Consultant: Janice Mazyck, Managing Director 633 West Fifth Street, Suite 6700 Los Angeles, CA 90071 13. Liquidated Damages Rate: $2,500 Page 21 2-29 ()$ ()Other: per day. 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ()FPPC Filer ()Category No. 1. Investments and sources of income. ()Category No. 2. Interests in real property. () Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ()Category No. 4. Investments in business entities and sources of income that engage in land development, construction or the acquisition or sale of real property. ()Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ()Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ()Category No. 7. Business positions. ()List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 15. ()Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: Page 22 2-30 AdcL'+;onoJ Lvttp~o "'" /-k-w, 3 REr"C'I'/i-" , . - .... L- I ': c::.. l~ M =8 tiI =I... n1 =11..v~~ ~1!7"" .~'fA =I-IE 111-41~' III:'f!lm '09 MAY 12 P 3 :53 CITY OF CHULA Vi~; ~.. CITY CLERK'S OFFICi: May 12, 2009 Rick Hopkins Director of Public Works 276 Fourth Avenue Chula Vista, CA 91910 Re: City of Chula Vista - Request for Proposal for the Auto Park Sign (File No, 0735-10~SW226) Dear Mr, Hopkins: Representing the Ultrasigns's Design Build Team, we are protesting the City's Request for Proposal (RFP) and interview process for the Auto Park Sign. We feel that the process and procedures taken by City staff are fundamental flawed. The Design Build Team concept is allowed under the City's Charter Article 10, Section 1009 and is further defined within the City's Municipal Codes Chapter 2.57 and must complete these under full public view and processes. We feel that there are several indicators within the RFP guidelines, the three clarifications addendum's and in the interview process that strongly suggest that a preferred design team and sign design was already pre-determined by City staff, The staff report again alludes to a pre-determined sign design and process, Examples of these are attached to the letter. Our Design Build Team throughout the proposal preparation spoke with City staff regarding our concerns about the RFP contents, intent and procedures when it appeared that proprietary materials or statements led us to believe that there was a predetermined firm. City staff assured our team that the process was in accordance with Chapter 2.57. After obtaining the interview score sheets, we feel that the questions posed by City staff did not accurately reflect the intent of the questions nor were articulated to generate a correct response. As well as, it appears that certain firms were evaluated differently based upon informational material given or left for the City, 9025 BALBOA AVENUE, SUITE 150. SAN DIEGO, CA. 92123. TEL (858) 569-1400 . FAX (858) 569~1453 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ()Monthly ()Quarterly (X) Other: as submitted B. Day of the Period for submission of Consultant's Billing: First of the Month 15th Day of each Month End of the Month Other: C. City's Account Number: 18. Security for Performance Performance Bond, $ Letter of Credit, $ Other Security: Type: Amount: $ Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: Retention Percentage: Retention Amount: $_ Retention Release Event: ( )Completion of All Consultant Services ( )Other: H:Attorney/2pty 15 Page 23 2-31 MfIlralmgnl Mil =1 III =I DillIIII"II""'~" i!tJ'llY"'O. ft."A=I-IIfl"l1I--"~' I c-DIII We respectively request that tonight's City Council Agenda Item No.3 be pulled from the Consent Calendar and be continued, so we may have an opportunity to discuss these concerns with appropriate City staff and the City Manager. Sincerely, Ultrasigns, Inc. ) /J .0< 0'-v[ ;-':Y(...("'(fiV Ron Breen Account Executive cc: Bart Miesfeld, City Attorney Jim Sandoval, City Manager Donna Norris, City Clerk Rudy Ramirez, Chula Vista Councilmember Pamela Bensoussan, Chula Vista Councilwoman Steve Castaneda, Chula Vista Council member John McCann, Council Member Cheryl Cox, Mayor 9025 BALBOA AVENUE, SUITE 150. SAN DIEGO, CA. 92123 . TEL (858) 569-1400. FAX (658) 569-1453 City of Chula Vista Auto Park Sign RFP Introduction Statement "Award will be based upon the best-qualified proposal of the proposed design fees, general conditions, and construction fee. Pricewill bethe primary factor....." The City's Municipal Code Section - Chapter 2.57 DESIGN-BUILD CONTRACTS Excerpt from the Definitions.... "Best interest of the city" means a design-build process that is projected to meet the interests of the city and objectives of the projcct which may include reducing the project delivery schedule and total cost of the project while maintaining a high level of quality workmanship and materials. "Best value" means value detennined by objective criteria, and may include, but is not limited to, orice. features. functions, life cycle costs, and other criteria deemed appropriate. Request for Proposal Throughout the Request for Proposal (RFP) there are inconsistent statements and referrals to the sections or attachments that are not applicable. The RFP appears to be copy and paste from other RFP's or SOQ's, causing disjointed statements and misleading criteria that the respondent is to answer. As an example of inconsistencies within the RFP: 13.3 General RFP Requirements - 13.3A notes... public sector sewer tunneling projects of comparable magnitude. The RFP internal "Message Center Minimum Technical Spccification" for the lighting appears to be provided by another design finn. The next two concerns illustrate the uncertainty of the RFP process and confusing responses from City staff in directing the consultants for this project. Addendum No.2 J. QIO dcletes the reference to the sewertunneling projects....deleted from RFP....again illustrates inconsistency in the RFP, interpretations, and direction from City staff. 2. QJ2 is looking for an Attachment D that does not exist and was deleted. 3. Q 15 refers to a... "schematic design was prepared for the Auto Park Sign. The design represents conceptually the elements that should be included in the future sign..." Although the City's response states that the DBT will be responsible for the design and construction... it appears to indicate that there is a preferred design already vetted in the process with another sign finn. 4. QJ 7 indicates that the RFP warranty standards are not in keeping with sign industry application, it appears that this warranty period oftwenry five years is applicable to another project. 5. Q18 raises the question related to "enhancements", again this is a cut and paste RFP effort for ground lighting and landscaping. Given the nature of this 120' sign... there will be "no" accent lighting for a sign of this size and stated in other sections of the RFP landscape improvements will be to replace damaged areas during construction. 6. Q21 raises another point of concern related to the warranty period and the City's response is not clear.. .."not responsible forthe maintenance.. ..and then further in the same paragraph indicates that the DBT shall provide a maintenance agreement as part of the RFP response. Addendum No.3 1. Q2 was not answered by City staff. The question was related to applicable Permit Fees and not the answer given related to bidding or "Business and Professional Code". 2. Q6 is in conflict with the RFP Score Sheet which indicates that the sign location is up for discussion while the Addendum clearly states the sign is to be located at the toe of the slope. Furthermore, the Addendum states that the DBT is to determine the best location based upon construction costs, site constraints, utilities, etc....this can only be done after a contract is awarded and extensive site evaluations are undertaken. 3. Q7 City has sign property setbacks per Section....are unknown? 4. QJ 0 states that the DBT is to resolve issues that are unknown? 5. QI2 states that an EIR is required and the. ..excerpt - "DBT is responsible for completing as well as provide any additional work necessary...." This is not true and misleading the consultants response. 6. Q 13 deleted elements. In1en'iew Process I. Time allocated for this project is very unusual in the sense that the City is embarking upon close to a 1.2 million dollar project and only l\venty minutes had been allocated to hear the proposed team and nine (9) answer questions. 2. RFP Score Sheet - the questions in which we where evaluated upon where not clearly identified nor articulated to the interview team. 3. lnformational handouts are not typically part of the interview process or rating of such materials and should be disqualified. The City did not request that the respondent was to provide at the interview. 4. The interview team was requested to prior to the interview bring in additional materials: maintenance certificates, and provide further site visits to address site Ioeational issues. These are not typical interview processes nor do we know whether all of the interviewers were asked the same questions or intent of responses. 2 CITY COUNCIL AGENDA STATEMENT ~ \ If:.. CITY OF ~~ CHUlA VISTA 5/12/09, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN-BUILD AGREEMENT WITH YOUNG ELECTRIC SIGN COMPANY (YES CO) FOR THE DESIGN AND CONSTRUCTION~ OF T, E,CHULA VISTA AUTO PARK SIGN (CIP NO. RD248) , DffiECTOROC~ORKS . CITY MANAGE ASSIST ANT CITY ANAGER ':>) 4/5THS VOTE: YES D NO ~ SUBMITTED BY: REVIEWED BY: SUMMARY On March 6, 2009, a Request for Proposal (RFP) was issued for proposals from qualified Design-Build Teams (DBT) to provide design services, engineering services, construction management, and construction services/coordination for the Chula Vista Auto Park Sign project. ENVIRONMENTAL REVIEW The Planning and Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "project" as defined under Section 15378 of the State CEQA Guidelines because at this time the action only involves the award of a contract. Thus, no environmental review is necessary at this time. Although environmental review is not necessary at this time, once a project has been specifically defined, environmental review will be required and an appropriate CEQA detenllination completed prior to commencing any construction activities on the subject property. RECOMMENDATION Council adopt the Resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION BACKGROUND In June of 2005, the Chula Vista Redevelopment Agency (Agency) and Sunroad CV Auto, Inc. (Developer), entered into an Owner Participation Agreement ("OP A") for the development of the 3-1 5/12/09, Item~ . Page 2 of 4 Chula Vista Toyota auto dealership. The OPA includes an obligation for the Agency to diligently pursue the construction of an Auto Park directional sign ("Sign") along Auto Park Drive (Main Street) in the vicinity of the eastern boundary ofInterstate 805 for the benefit of the entire auto park (see Attachment I). In April 2008, the OP A was amended, indicating that the City, rather than the Agency, would build the sign. PERt\1ITTING Two permits will be required to build the proposed directional sign for the Chula Vista Auto Park: an Outdoor Advertising (ODA) Display Permit and a Public Property Sign Permit. The permit processes are described below. Outdoor Advertising Display Permit: The proposed Auto Park Sign will be visible from a portion of the 805 Freeway that is designated as a "Certified Landscape Area." According to Section 5200, of the Business and Professions Code (the Outdoor Advertising Act), signs such as the one being proposed are allowed (by permit) adjacent to the certified landscape area if they are located within the limits of a redevelopment project area.2 CaITrans reviewed the Auto Park Sign concept3 and issued a Preliminary Determination of approval for the sign - the first step to a sign permit. The actual Outdoor Advertising Display Permit will not be issued until after the City's permit process (Public Property Sign Permit) is complete. At that time, CaITrans will review the Auto Park Sign once more, issuing an Outdoor Advertising Display Permit and decal. Public Property Sign Permit: The City of Chula Vista's Sign Policy (Council Policy 465-02) regulates signs on property owned or controlled by the City. The Auto Park Sign will be sited on property controlled by the City or Agency and will therefore be governed by the Sign Policy and the Public Property Sign Pernlit process. In accordance with the Sign Policy, the Director of Development Services will issue the Public Property Sign Permit. DESIGN-BUILD TEAM SELECTION On March 6, 2009, a Request for Proposal (RFP) was issued for proposals from Design-Build Teams to provide design services, engineering services, construction management, and construction/coordination for the Chula Vista Auto Park Sign project. The City received seven (7) proposals from the following firms: 1. Stanford Sign & Awning, ChulaVista, CA 2. Ad Art Sign Company, San Francisco, CA 3. Fluoresco Lighting & Signs, Tuscon, AZ 4. Young Electric Sign Company, San Bernardino, CA 5. Ultrasigns Electrical Advertising, Las Vegas, CA 6. San Pedro Electric Sign Company, San Pedro, CA 7. Roel Construction Company, San Diego, CA A selection committee, appointed by the City Manager, reviewed the proposals and conducted interviews. Based on the proposals, Young Electric Sign Company (YES CO) was selected as the 2 The advertising on these signs is limited to businesses in the redevelopment project area. l A design concept for the sign was developed several years ago, with input from the auto dealers. This concept is subject to change through the permitting process. 3-2 5/12/09, Item~ Page 3 of4 Design Builder with extensive constmction experience for this type of project and who could best meet the City's development schedule, monetary and time criteria of the project. The Design/Build Team of YESCO offers an excellent combination of design and constmction expertise for this type of project. PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS As proposed, the services to be provided by YESCO are generally to be performed in three phases: (1) Design Services, (2) Constmction Services, and (3) Operations. YESCO shall perform all services, work and obligations as described in the RFP for a Guaranteed Maximum Price ("GMP") which will be set at 90% construction documents and shall include all Design Services and all Hard Constmction Costs necessary to provide a fully completed and functional Chula Vista Auto Park Sign including, but not limited to: general conditions, the cost for all labor, equipment, material and the YESCO Fixed Fee which includes fees and expenses of any type associated completing the Chula Vista Auto Park Sign. Any cost incurred by the YESCO in excess of said GMP shall be the sole responsibility of YESCO.. CHANGE ORDERS Under the design/build process, change orders are handled differently than under the design/bid/build process. Change orders are only returned for Council approval if they exceed the approved GMP, or are for additional work requested by the City, which results in a significant change to the original scope. Otherwise, change orders are reviewed/approved by staff and the design builder. This practice is commonplace when using the design/build constmction technique. 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 ofthe property which is the subject of this action. CURRENT FISCAL IMP ACT There is no impact to the General Fund as there are sufficient existing funds in the project necessary for completion. A breakdown of project costs is as follows: FUNDS REQUIRED FOR SIGN PROJECT A. Design Build Contract Estimate Amount $798,487 B.City Contingency $120,000 C. Staff Time Estimate $180,000 D. Utilities $20,000 E. Special Inspections $81,513 TOTAL FUNDS REQUIRED FOR SIGN PROJECT $1,200,000 3-3 5/12/09, Item~ Page 4 of 4 FUNDS A V AILABLE FOR SIGN PROJECT Existing eIP (RD248) funded by 2008 Tax Allocation Bond funds $1,200,000 TOT AL FUNDS A V AILABLE FOR SIGN PROJECT $1,200,000 ONGOING FISCAL IMPACT None. ATTACHMENTS 1. Vicinity Map Prepared by: Gordon Day. Building Project lvfanager, Public Works-Engineering K.\ENGfNEERIRESOSIResos2009\05-12-09ICV Auto Park Sign CAS-jjkdoc 3-4 2Gb o () ;lJ )> .... -i :I: 0 ;c ~ --.., .... n "",. o .... !""!- ~ ~ Pol ~ - )> --+- --+- o () :::J :3 CD ~ --+- RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN-BUILD AGREEMENT WITH YOUNG ELECTRIC SIGN COMPANY (YESCO) FOR THE DESIGN AND CONSTRUCTION OF THE CHULA VISTA AUTO PARK SIGN (CIP NO. RD248) WHEREAS, in June of 2005, the Chula Vista Redevelopment Agency (Agency) and Sunroad CV Auto, Inc. (Developer), entered into an Owner Participation Agreement ("OPA") for the development of the Chula Vista Toyota auto dealership; and WHEREAS, the OPA includes an obligation for the Agency to diligently pursue the construction of an Auto Park directional sign ("Sign") along Auto Park Drive (Main Street) in the vicinity of the eastern boundary ofInterstate 805 for the benefit of the entire auto park; and WHEREAS, in April 2008, the OPA was amended, indicating that the City, rather than the Agency, would build the sign; and WHEREAS, on March 6, 2009, a Request for Proposal (RFP) was issued for proposals from Design/Build Teams to provide design services, engineering services, construction management, and construction/coordination for the Chula Vista Auto Park Sign project; and WHEREAS, the City received seven proposals from the following firms: 1. Stanford Sign & Awning, ChulaVista, CA 2. Ad Art Sign Company, San Francisco, CA 3. Fluoresco Lighting & Signs, Tuscon, AZ 4. Young Electric Sign Company, San Bernardino, CA 5. Ultrasigns Electrical Advertising, Las Vegas, CA 6. San Pedro Electric Sign Company, San Pedro, CA 7. Roel Construction Company, San Diego, CA WHEREAS, a selection committee, appointed by the City Manager, reviewed the proposals and conducted interviews; and WHEREAS, based on the proposals, Young Electric Sign Company (YESCO) was selected as the Design Builder with extensive construction experience for this type of project and who could best meet the City's development schedule, monetary and time criteria of the project. 3-6 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula does hereby approve a design-build agreement with Young Electric Sign Company (YESCO) for the design and construction ofthe Chula Vista Auto Park Sign (CIP No. RD248). Presented by Richard A. Hopkins Director of Public Works 3-7 AddA'tlonc:J lltt~~o I'\. 1~3 uU:~ (;) Irng I RECEIVED _ =:fll"l =:fl ~ 1Il:1 lDi/:'\lllliilf-:\1"!l.VJl=:fl-lil r.t 1--1 I l'M r=JliiB "09 MAY 12 P3:53 CITY OF CHULA VIS T; CITY CLERK'S OFFICE May 12, 2009 Rick Hopkins Director of Public Works 276 Fourth Avenue Chula Vista, CA 91910 Re: City of Chula Vista - Request for Proposal for the Auto Park Sign (File No. 0735-10-SW226) . Dear Mr. Hopkins: Representing the Ultrasigns's Design Build Team, we are protesting the City's Request for Proposal (RFP) and interview process for the Auto Park Sign. We feel that the process and procedures taken by City staff are fundamental flawed. The Design Build Team concept is allowed under the City's Charter Article 10, Section 1009 and is further defined within the City's Municipal Codes Chapter 2.57 and must complete these under full public view and processes. We feel that there are several indicators within the RFP guidelines, the three clarifications addendum's and in the interview process that strongly suggest that a preferred design team and sign design was already pre-determined by City staff. The staff report again alludes to a pre-determined sign design and process. Examples of these are attached to the letter. Our Design Build Team throughout the proposal preparation spoke with City staff regarding our concerns about the RFP contents, intent and procedures when it appeared that proprietary materials or statements led us to believe that there was a predetermined firm. City staff assured our team that the process was in accordance with Chapter 2.57. After obtaining the interview score sheets, we feel that the questions posed by City staff did not accurately reflect the intent of the questions nor were articulated to generate a correct response. As well as, it appears that certain firms were evaluated differently based upon informational material given or left for the City. 9025 BALBOA AVENUE, SUITE 150. SAN DIEGO, CA. 92123 . TEL (658) 569-1400. FAX (658) 569-1453 B:::t E:4:::(ofJ ltI"'IIDtf~~ ~W~~ ah.VJj::::1:l!Idl---Jfil'Hci8I We respectively request that tonight's City Council Agenda Item No.3 be pulled from the Consent Calendar and be .continued, so we may have an opportunity to discuss these concerns with appropriate City staff and the City Manager. Sincerely, Ultrasigns, Inc. .) c>(:;--vt / f2.cc.-e.r<.1../ Ron Breen Account Executive cc: Bart Miesfeld, City Attorney Jim Sandoval, City Manager Donna Norris, City Clerk Rudy Ramirez, Chula Vista Councilmember Pamela Bensoussan, Chula Vista Councilwoman Steve Castaneda, Chula Vista Councilmember John McCann, Council Member Cheryl Cox, Mayor 9025 BALBOA AVENUE, SUITE 150. SAN DIEGO, CA .92123. TEL (858) 569.1400. FAX (858) 569-1453 City of Chula Vista Auto Park Sign RFP Introduction Statement "Award will be based upon the best-qualified proposal of the proposed design fees, general conditions, and construction fee. Price will be the primary factor... .." The City's Municipal Code Section - Chapter 2.57 DESIGN-BUILD CONTRACTS Excerpt from the Definitions.... "Best interest of the city" means a design-build process that is projected to meet the interests of the city and objectives of the project which may include reducing the project delivery schedule and total cost of the proiect while maintaining a high level of quality workmanship and materials. "Best value" means value determined by objective criteria, and may include, but is not limited to, price, features. functions, life cycle costs, and other criteria deemed appropriate. Request for Proposal Throughout the Request for Proposal (RFP) there are inconsistent statements and referrals to the sections or attachments that are not applicable. The RFP appears to be copy and paste from other RFP's or SOQ's, causing disjointed statements and misleading criteria that the respondent is to answer. As an example of inconsistencies within the RFP: 13.3 General RFP Requirements - 13.3A notes... public sector sewer tunneling projects of comparable magnitude. The RFP internal "Message Center Minimum Technical Specification" for the lighting appears to be provided by another design firm. The next two concerns illustrate the uncertainty of the RFP process and confusing responses from City staff in directing the consultants for this project. Addendum No.2 ]. QIO deletes the reference to the sewer tunneling projects... .deleted from RFP....again illustrates inconsistency in the RFP, interpretations, and direction from City staff. 2. Q 12 is Iookinl.! for an Attachment D that does not exist and was deleted. 3. Q 15 refers to a.. .."schematic design was prepared for the Auto Park Sign. The design represents conceptually the elements that should be included in the future sign..." Although the City's response states that the DBT will be responsible for the design and construction... it appears to indicate that there is a preferred design already vetted in the process with another sign fim1. 4. Q17 indicates that the RFP warranty standards are not in keeping with sign industry application, it appears that this warranty period oftwcnty five years is applicable to another project. 5. Q18 raises the question related to "enhancements", again this is a cut and paste RFP effort for ground lighting and landscaping. Given the nature of this 120' sign.. .lhere will be "no" accent lighting for a sign of this sizc and stated in othcr scctions of the RFP landscape improvements will be to replace damaged areas during construction. 6. Q21 raises another point of concern related to the warranty period and the City's response is not clear... ."not responsible for lhe maintenance... .and then further in the same paragraph indicates that thc DBT shall provide a maintenance agreement as part of the RFP response. Addendum No.3 1. Q2 was not answered by City staff. The question was related to applicable Permit Fees and not the answer given related to bidding or "Business and Professional Code". 2. Q6 is in conflict with the RFP Score Sheet which indicates that the sign location is up for discussion while the Addendum clearly states the sign is to be located at the toe of the slope. Furthermore, the Addendum slates that the DBT is to determinc the best location based upon construction costs, site constraints, utilities, etc.. ..this can only be done after a contract is awarded and extensive site evaluations are undertaken. 3. Q7 City has sign property setbacks per Section.. ..are unknown? 4. Q10 states that the DBT is to resolve issues that are unknown? 5. QI2 states that an EIR is required and the...excerpt - "DBT is responsible for completing as well as provide any additional work necessary.....'. This is not true and misleading the consultants rcsponse. 6. Q 1 3 deleted elements. Interview Process l. Time allocated for this project is very unusual in the sense tbat the City is embarking upon close to a 1.2 million dollar project and only twenty minutes had been allocated to hear the proposed team and nine (9) answer questions. 2. RFP Score Sheet - tbe questions in which we where evaluated upon wbere not clearly identified nor aniculated to the interview team. 3. Informational handouts are not typically pan of the interview process or rating of such materials and should be disqualified. The City did not request that the respondent was to provide at the interview. 4. TIle interview team was requested to prior to the interview bring in additional materials, maintenance certificates, and provide further site visits to address site locational issues. These are not typical interview processes nor do we know whether all of the interviewers were asked the same questions or intent of responses. 2 CITY COUNCIL AGENDA STATEMENT ~\~ CITY OF ~ CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 5/12/09, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("AGREEMENT") WITH MCMILLIN TERRACOTT A LLC FOR TERRACOTT A PHASE 5 AND 6, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("AGREEMENT") WITH OTAY RANCH VILLAGE II-PC-13, LLC FOR THE VILLAS DE A VILA MODEL HOME UNITS AND CASITA DE AVILA MODEL HOME UNITS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE CO~. OF SAN DIEGO DIRECTOR OF PUBLIC WORKS ~ DIRECTOR OF D~V PMENT SERVICES/DEPUTY CITY MANAGE~ CITY MANAGER ASSIST ANT CITY ANAGER 4/5THS VOTE: YES 0 NO I2S] SUMMARY The City of Chula Vista requires the payment of various processing, development impact, capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities. The payment of these fees is a substantial commitment for many projects, and spreading the payment of the fees over an extended period may assist in the development of projects. In December 2008, members of the development community contacted the City and requested an extended payment schedule program be considered. The Ordinance establishing a payment plan was approved by the City Council and became effective on February 6, 2009. City Council has previously approved several payment plan agreements pursuant to the Ordinance on March 17,2009. ENVIRONMENT AL REVIEW The City's Environmental Review Coordinator has reviewed the proposed actIvIty for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. 4-1 5/12/09, Item---1- Page 2 of 4 RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION As a result of the current downturn in development and the continued tightening of the credit market, the burden created by the payment of fees at building permit issuance has increased. Local developers and the Building Industry Association (BIA) approached the City requesting consideration of an extended payment plan program. The City Council approved an Ordinance establishing the Development Processing and Impact Fee Payment Plan, which became effective on February 6, 2009. The Ordinance provides a framework for individual projects to enter into payment plan agreements with the City, to be brought forward to Council for approval. The program is intended as a temporary response to the current housing market slump, and as such, will expire on December 30, 2010. Participation in the program requires the developer enter into an agreement with the City. Several agreements have already been entered into by Council approval on March 17, 2009 with Resolution Nos. 2009-047 thru 2009-049. Approval of Agreements McllIil/ill Terracotta, LLe - This resolution would approve an agreement with McMillin Homes for Terracotta Phase 5 and 6. In Phase 5, McMillin Homes proposes to develop 12 residential units named the McMillin Terracotta Phase 5 project in Otay Ranch Village 7 (McMillin Lomas Verdes). The project is located at Lots 53-58 and 91-96 ofOtay Ranch Village 7, Neighborhood R-5, and Final Map Number 15107. In Phase 6, McMillin Homes proposes to develop 14 residential units named the McMillin Terracotta Phase 6 project in Otay Ranch Village 7 (McMillin Lomas Verdes). The project is located at Lots 15-28 of Otay Ranch Village 7, Neighborhood R-S, and Final Map Number 15107. McMillin Terracotta, LLC, owns the property for Phase 5 and 6 and agrees that they are responsible for all of the development impact fees owed for the project. McMillin Homes also acknowledges and agrees that these fees are due and payable to the City prior to or upon the call for final inspection. The following table provides a summary of the balance of fees due on both projects and included in the agreement. Terracotta Phase 5 Terracotta Phase 6 TOTAL $131,043.59 $152,909.11 $283,952.70 $24,642.11 $28,774.05 $53,416.16 $106,401.48 $124,135.06 $230,536.54 4-2 5/12/09, Item~ Page 3 of 4 Otay Ranch Village II-PC-13, LLC - This resolution would approve an agreement with Otay Ranch Village II-PC-l3, LLC for their Villas de Avila Model Units and Casita de Avila Model Units. In their Villas de Avila Model Units, Otay Ranch Village II-PC-l3, LLC proposes to develop four (4) residential units named Villas de Avila. The project is located at Lot 1 ofOtay Ranch Village 2, Neighborhood R-l3 of Final Map Number 15717. For Casita de Avila, Otay Ranch Village II-PC-l3, LLC is proposing to develop 3 residential units named the Casita de Avila project. The project is located at Lot 1 of Otay Ranch Village 2, Neighborhood R-l3 of Final Map Number 15717. Otay Ranch Village II-PC-l3, LLC owns the property for Villas de Avila Model Units and the Casita de Avila Model Units and agrees that they are responsible for all of the development impact fees owed for the projects. Otay Ranch Village II-PC-l3, LLC also acknowledges and agrees that these fees are due and payable to the City prior to or upon the call for final inspection. The following table provides a summary of the balance of fees due on both projects and included in the agreement. Villas de Avila Models Casita de Avila Models TOTAL $99,672.62 $80,088.86 $179,761.48 $12,219.26 $11,411.09 $23,630.35 $87,453.36 $68,677.77 $156,131.13 Interest on Deferred Fees Applicants will not be required to submit an administrative fee to cover the cost of administering the payment plan agreements. An interest rate based on the California State Local Agency Investment Fund (LAIF) Apportionment Rate in effect on the date of the execution of each Agreement will be charged on the balance of fees due at the call for final inspection. The current investment rate is 2.54%. These agreements adhere to the stipulations outlined in this report and included in the adopted Development Processing and Impact Fee Ordinance. The payment plan requires all processing fees be paid at permit issuance and the balance of fees paid at the call for final inspection. Depending on market condition and construction schedules, occupancy is anticipated to occur within the initial 12-month agreement and the sunset date of December 30,2010. Approval of the agreement will enable the project to proceed and stimulate economic development within Chula Vista. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet ofthe boundaries of the properties, which are the subject of this action. 4-3 5/12/09,Itern~ Page 4 of 4 CURRENT FISCAL IMP ACT Processing of these agreements will have a positive impact on the Development Services Fund. Currently, the fund revenues have a projected shortfall of $1. 7M due to the decrease in development activity. The payment of $77 ,046.51 in processing fees will lower the projected shortfall. Applicants will reimburse the City for all costs incurred in the preparation, execution, and recordation of the individual project agreements. Staff costs incurred in administering individual payment plan agreements will not be recovered via a stand-alone administrative fee. It is anticipated that these costs will not exceed staff time generally spent administering fee programs. Payment plans will enable the collection of processing fees on projects, which might otherwise cease and thus, stimulate the economy and improve development services revenue. ONGOING FISCAL IMPACT The balance to be paid at the call for final inspection may be expected to be collected for future fiscal years. SUMMARY Terracotta Phase 5 Terracotta Phase 6 Villas de Avila Models Casita de Avila Models TOTAL $131,043.59 $152,909.11 $99,672.62 $80,088.86 $463,714.18 $24,642.11 $28,774.05 $12,219.26 $11,411.09 $77,046.51 $106,401.48 $124,135.06 $87,453.36 $68,677. 77 $386,667.67 Approval of individual project payment plan agreements will result in extended payment of processing and development fees. Interest earnings are estimated at $9,821.37. A TT ACHMENTS 1. Ordinance 3120 Prepared by. lracsema Qllilantan. Assistant Director of Engineering, Public Works Department M. IEngineerIAGENDAICAS2009\05-12-09\Payment Plan Agreements McMillin-Pacific Coast Commllnitites.doc 4-4 ORDINANCE NO. 3120 ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE DEVELOPMENT AND PROCESSING INWACTFEE PAYMENT PLAN PROGRAM WHEREAS, the City. of Chula Vista (City) requires the payment of various types of development impact fees to help address the impacts of new development; and WHEREAS, on August 7, 1990, pursuant to Ordinance No. 2384, the City Council established the Telegraph Canyon Drainage Fee; and WHEREAS, Ordinance No. 2384 requires that the Telegraph Canyon Drainage Fee be paid before the approval by the City of the development project, or if not paid at the time of approval of the final map or parcel map, the fee must be paid before the issuance of the first building permit for the development; and WHEREAS, on December 9, 1997, pursuant to Ordinance No. 2716, the City Council establish the Poggi Canyon Sewer Basin Development Impact Fee; and WHEREAS, Ordinance No. 2716 requires that the Poggi Canyon Sewer Basin Development Impact Fee be paid in cash upon the issuance of a building permit; and WHEREAS, on January 5, 1999, pursuant to Ordinance No. 2767, the City Council established the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee; and WHEREAS, Ordinance No. 2767 requires that the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee be paid prior to the issuance of building permits for residential development projects; and WHEREAS, on February 18, 2003, pursuant to Ordinance No. 2898, the City Council established the Pedestrian Bridge Development Impact Fee Program for Otay Ranch Village 11; and WHEREAS, Ordinance No. 2898 requires that the Pedestrian Bridge Development Impact Fee for Otay Ranch Village 11 be paid in cash upon the issuance of a residential building permit; and ' WHEREAS, Chapter 3.32 of the Chula Vista Municipal Code establishes the Residential Construction Tax; and WHEREAS, the Residential Construction Tax requires that the tax be paid upon the application for a building permit; and 4-5 Ordinance No. 3120 Page 2 WHEREAS, Chapter 3.50 of the Chula Vista Municipal Code establishes the Development Impact Fees to Pay for Various Public Facilities (PFDIF); and WHEREAS, the PFDIF requires that the fee be paid upon the issuance of a building permit; and WHEREAS, Chapter 3.54 of the Chula Vista Municipal Code establishes the Transportation Development Impact Fee for the Eastern Territories of the City (TDIF) and Chapter 3.55 of the Municipal Code establishes the Western Transportation Development Impact Fee (WTDIF); and WHEREAS, both the TDIF and the WTDIF require that the fee be paid upon the issuance of a building permit; and WHEREAS, Section 13.14.090 of the Chula Vista Municipal Code establishes the Sewage Capacity Charge; and WHEREAS, the City recognizes that the payment of fees represents a substantial financial commitment for many projects; and WHEREAS, the City recognizes that establishing a payment plan for certain fees may assist in the development of projects; and WHEREAS, this Ordinance establishes a payment plan for certain development processing and impact fees for a specified period of time. NOW THEREFORE, the City Council of the City ofChula Vista does ordain as follows: Section 1. Environmental Review The City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Section 2. Purpose The City Council of the City of Chula Vista desires to encourage the construction of residential and nonresidential development projects within the City. The City Council finds that the early payment of certain impact fees for new development creates such a barrier to such development and desires, by the adoption of this Chapter, to ease such barrier by establishing a payment plan for certain development impact fees. 4-fi Ordinance No. 3120 Page 3 Section 3. Definitions "Applicant" means the owner of the real property or the developer with an approved development project who seeks a development impact fee payment plan pursuant to this Ordinance. "Approved Residential Development Project" means a market rate residential development consisting of single-family or multifamily residential units sold or rented at prevailing market rates and free of any affordability restrictions which has received final discretionary action by the City and which is in compliance with all environmental requirements due prior to issuance of a building permit. "Approved Development Project" means a nonresidential development which has received final discretionary action by the City and which is in compliance with aJl environmentaJ requirements due prior to issuance of a building permit. Section 4. Development Impact Fees Subject to the Payment Plan Program Notwithstanding the provisions of Chapters 3.32, 3.54 and 3.55 of the Chula Vista Municipal Code and the Ordinances listed below, the provisions of this Ordinance shall apply only to the following development impact fees: (a) the Sewer Capacity Fee codified in Section 13.14.090 of the Chula Vista Municipal Code; (b) the Residential Construction Tax codified in Chapter 3.32 of the Chula Vista Municipal Code; (c) the Development Impact Fees to Pay for Various Public Facilities codified in Chapter 3.50 of the Chula Vista Municipal Code; (d) the Eastern Area Transportation Development Impact Fee codified in Chapter 3.54 of the Chula Vista Municipal Code; (e) the Western Transportation Development Impact Fee codified in Chapter 3.55 of the Chula Vista Municipal Code; (f) the Telegraph Canyon Drainage Fee established on August 7, 1990 pursuant to Ordinance No. 2384; (g) the Poggi Canyon Sewer Basin Development Impact Fee established on December 9, 1997, pursuant to Ordinance No. 2716; (h) the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee established on January 5, 1999, pursuant to Ordinance No. 2767; and 4-7 Ordinance No. 3120 Page 4 (i) and the Pedestrian Bridge Development lmpact Fee Program for Otay Ranch Village 11 established on February 18,2003, pursuant to Ordinance No. 2898. Section 5. Establishment of the Development lmpact Fee Payment Plan Program (a) The Development Impact Fee Payment Plan Program is established for those development impact fees listed in Section 4. (b) The Development lmpact Fee Payment Plan Program shall apply only to Approved Residential Development Projects and Approved Development Projects as defined in this Ordinance. (c) An Applicant may file an application with the City to request a payment plan for any or all of those development impact fees listed in Section 4. (d) The Applicant shall deposit with the City an amount to be determined by the City Manager for an Approved Residential Development Project or an Approved Development Project at the time the building permits are issued. No building permit shall be issued for an Approved Residential Development Project or an Approved Development Project subject to this Ordinance unless the Applicant has paid this deposit. (e) The Applicant, and the owner of the property, if different, shall be required to enter into an agreement with the City, in a form approved by the City Attorney, agreeing to the payment plan. (f) The maximum period for any payment plan pursuant to this Chapter is twelve (12) months from the date of issuance of building permits. This period may be extended once for twelve (12) months at the discretion of the City Manager. Any additional extensions shall be at the discretion of the City Council. (g) All fees subject to the Development Impact Fee Payment Plan Program shall be paid in full the earlier of: (1) the City's approval and signature on the final inspection card by the Director of Planning and Building, or designee, for an Approved Residential Development Project; or (2) the issuance of the certificate of occupancy for an Approved Development Project; or (3) the end of the maximum period described in subsection (f) of this Section 5. Section 6. Agreement Shall Constitute a Lien The Applicant and the owner of the' property, if different, shall execute a Development Impact Fee Payment Plan Program Agreement with the City. The Agreement shall be recorded by the City and shall constitute a lien against the property for the payment of the fees. The City Manager shall execute the Agreement on behalf of the City. 4 - 8----- -- Ordinance No. 3120 Page 5 Once the obligation is paid in full, the City shall record a Release of the Lien. Section 7. Determination of the Amount of Development Impact Fees The amount of development impact fees owed by the Applicant shall be determined by the City pursuant to the provisions outlined in the Municipal Code or in the ordinances establishing the fees. These amounts shall be fixed as of the date of the execution of the Development Impact Fee Payment Plan Agreement by the City. The amounts of these fees shall not change as long as the Applicant is in full compliance with all provisions and requirements of this Ordinance and the Development Impact Fee Payment Plan Program Agreement. If, however, the Applicant fails to comply with all the provisions and requirements of this Ordinance or the Agreement, the City may adjust the development impact fees to reflect the current rates for the fees. Section 8. Not Transferable The City's approval of a Development Impact Fee Payment Plan is not transferable to any other project, even if the Applicant is the same and the other project would qualify for the Development Impact Fee Payment Plan Program. Section 9. Recordation Costs The Applicant.cshall pay all costs of recordation of documents required pursuant to this Ordinance and the Development Impact Fee Payment Plan Program Agreement at the execution of the Development Impact Fee Payment Plan Program Agreement by the City. Section 10. Expiration of this Ordinance This Ordinance shall take effect thirty days after final passage and shall expire on December 31,2010, and as of that date, is repealed. Presented by Approved as to form by ~~. Richard A. Hop s Engineering Director 4-9 Ordinance No.3] 20 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of January 2009, by the following vote: AYES: Councilmembers: Bensoussan Castaneda, McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Ch~I~f:t ATIEST: A/~ r<,~}u'A Donna R Noms, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3120 had its fIrst reading at a regular meeting held on the 16th day of December 2008 and its second reading and adoption at a regular meeting of said City Council held on the 6th day of January 2009; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Executed this 6th day of January 2009. ~ t~~ Donna R. Norris, eMC, City Clerk 4-10 RESOLUTION NO. 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("AGREEMENT") WITH MCMILLIN TERRACOTTA, LLC FOR TERRACOTTA PHASES 5 AND 6, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO WHEREAS, the City requires the payment of various processing, development impact, capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities; and WHEREAS, the payment of these fees is a substantial commitment for many projects, and spreading the payment of the fees over an extended period may assist in the development of projects; and WHEREAS, in December 2008, members of the development community contacted the City and requested an extended payment schedule program be considered; and WHEREAS, the City Council approved Ordinance No. 3120 establishing the Development Processing and Impact Fee Payment Plan, which became effective on February 6, 2009; and WHEREAS, in Phase 5, McMillin Homes proposes to develop 12 residential units named the McMillin Terracotta Phase 5 project in Otay Ranch Village 7 (McMillin Lomas Verdes); and WHEREAS, in Phase 6, McMillin Homes proposes to develop 14 residential units named the McMillin Terracotta Phase 6 project in Otay Ranch Village 7 (McMillin Lomas Verdes); and WHEREAS, McMillin Terracotta, LLC, owns the property for Phase 5 and 6 ("Property") and agrees that they are responsible for all of the development impact fees owed for the project; and WHEREAS, McMillin Homes also acknowledges and agrees that these fees are due and payable to the City prior to or upon the call for final inspection; and WHEREAS, by executing this Agreement and placing a lien on the Property, the City is securing the payment of the deferred fees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Approves the Development Impact Fee Payment Plan Program Agreement with McMillin Teracotta, LLC for Terracotta phases 5 and 6. 2. Authorizes the City Manager to execute the Agreement on behalf of the City. 4-11 3. Directs the City Clerk to record a lien and the Agreement with the County of San Diego Recorder. Presented by Richard A. Hopkins Director of Public Works 4-12 RESOLUTION NO. 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("AGREEMENT") WITH OTAY RANCH VILLAGE II-PC-13, LLC FOR THE VILLAS DE A VILA MODEL HOME UNITS AND CASITA DE A VILA MODEL HOME UNITS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIEN AND THE AGREEMENT WITH THE COUNTY RECORDER, COUNTY OF SAN DIEGO WHEREAS, the City requires the payment of various processing, development impact, capacity, and in-lieu fees to ensure new development mitigates its impact on public facilities; and WHEREAS, the payment of these fees is a substantial commitment for many projects, and spreading the payment of the fees over an extended period may assist in the development of projects; and WHEREAS, in December 2008, members of the development community contacted the City and requested an extended payment schedule program be considered; and WHEREAS, the City Council approved Ordinance No. 3120 establishing the Development Processing and Impact Fee Payment Plan, which became effective on February 6, 2009; and WHEREAS, the Villas de Avila Models, Otay Ranch Village II-PC-13, LLC proposes to develop 4 residential units named the Villas de Avila project in Otay Ranch Village 2, Neighborhood R-13; and WHEREAS, the Casita de Avila Models, Otay Ranch Village II-PC-13, LLC proposes to develop 3 residential units named the Casita de Avila project in Otay Ranch Village 2, Neighborhood R-13; and WHEREAS, Otay Ranch Village II-PC-13, LLC owns the property for the Villas de Avila and Casita de Avila Model Home Units ("Properties") and agrees that they are responsible for all ofthe development impact fees owed for the project; and WHEREAS, Otay Ranch Village II-PC-13, LLC also acknowledges and agrees that these fees are due and payable to the City prior to or upon the call for final inspection; and WHEREAS, by executing this Agreements and placing a lien on the Properties, the City is securing the payment of the deferred fees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 4-13 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Approves the Development Impact Fee Payment Plan Program Agreements with Otay Ranch Village II-PC-13, LLC for the Villas de Avila Model and Casita de Avila Model Home Units. 2. Authorizes the City Manager to execute the Agreements on behalf of the City. 3. Directs the City Clerk to record a lien and the Agreements with the County of San Diego Recorder. Richard A. Hopkins Director of Public Works Presented by 4-14 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY T CITY COUN IL.. Dated :; ho /Cf3 . I I Lien and Development Impact Fee Payment Plan Program Agreement Between McMillin Terracotta, LLC, and the City of Chula Vista For Terracotta Phase 5 4-15 THE ATTACHED AGREBviENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY T CITY COUN 1L . / Dated if ho /01 I / Lien and Development Impact Fee Payment Plan Program Agreement Between McMillin Terracotta, LLC, and the City of Chula Vista For Terracotta Phase 5 4-16 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO CITY OF CHULA VISTA Attn: No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received For Recorder's Use Only LIEN AND DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN AND DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreement"), dated 20-, for reference only and executed on the date on which the last party signs, by and between McMillin Terracotta LLC ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation and chatter city ("City") with reference to the following facts: A Owner is the owner of that certain real property in the City OfChula Vista, County of San Diego, State of Calif ami a, more particularly described on Exhibit "A" attached ("Property"). B. On August 23 20QL the Cilv Council of the City approved Resolution # 2005-280 Lots 53-58 and 91-96 of Olav Ranch Villaee 7 Neil!hborhood R-5 afFinal Man Number 15107 also known as Terracotta Phase 5 (the "Project"). C. Owner has applied for a building permit(s) for the Project. D Upon the issuance of building pennits, certain fees are due and payable pursuant to City's Municipal Code, non-codified ordinances related to land development, and California Government Code Sections 66000 et. seq ["'Fees"]. The Fees applicable to the building permits are more particularly described on Exhibit "B". attached. Other fees or charges related to the Project, but not included in Exhibit "B", shall still be due and payable to the City in accordance with the City Municipal Code. Omission of such additional fees and charges from Exhibit "B" shall not be a waiver of the obligation of Owner to pay such additional fees and charges. E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion oithe City Manager or hislher designee. or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier. F. The City has found that the Fees are not immediately needed for public improvements required to serve the Project; deferral of collection of Fees would encourage development vital to the City; payment of Fees is adequately secured through this Agreement and the City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the deferral of Fees far the Proje~t would notjeapardize the public health, safety, and welfare. G. Ord. No. 3120 requires Owner to execute a contract with the City, prior to the issuance of building permits, in order to defer the payment of the Fees. H. City and Owner desire to enter into this Agreement deferring payment oithe Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or his/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier, pursuant to all the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. O\VIler agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "B" and such Fees are due and payable upon issuance of building permits and by executing this Agreement W AlVES AND RELEASES the City from any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified in Exhibit "B" Owner's waiver and release of the City shall exclude any and all claims arising out of or related to the City's breach of this Agreement 2. City agrees to defer the payment of the Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or his/her designee, or until the caU for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier ("Deferral Period"). 3. Interest shall accrue at the California State Local Agency Investment Fund (LAIF) Apportionment Rate in effect on the date of the execution afthis Agreement through the end of the Deferral Period until paid ("Accrued Interest"). 4. Owner on behalf of itself and its sUCcessors in interest, whether by inheritance, gift, bequest, devise, sale, conveyance, assignment, or other method of transferring title or acquiring interest in or to any part of the Project or Property ("Successors"), 4-17 agrees to pay the Fees and Accrued Interest with a certified check prior to or concurrent with the date on which the Deferral Period ends. 5. Owner agrees that if it fails to pay the Fees and Accrued Interest in full prior the end of the Deferral Period, City shall withhold the final inspection or issuance of certificate of occupancy, as applicable, until payment of Fees and Accrued Interest is made in fulL 6. All other rights of the parties shall remain unchanged, as if the Fees were paid at the time of permit issuance. Without limiting the foregoing, the Fees payable shall be those in effect at th~ time of execution of the Agreement as set forth on Exhibit "B". 7. This Agreement shall be recorded by the City in the Official Records of the County of San Diego, Office of the County Recorder and shall constitute a lien for the Fees and Accrued Interest binding upon and running with the Property. lfthe Owner sells or transfers the Property or any portion of the Property in any manner, Property shall not be released from any of the obligations, covenants, or conditions under this Agreement relating to the Property or portion of the Property or Project being acquired. 8. The burden of this Agreement shall be released from the title to the Property upon the payment of Fees and Accrued Interest. Within ten (10) business days following the payment of the Fees and Accrued Interest, the City shall execute a "Release of Lien" (Exhibit "C"), which shall he in standard form, approved by the City Attorney, releasing the burden of this Agreement from the title to the Property. Failure of the City to execute the Release of Lien within ten (10) business days of payment of the Fees and Accrued Interest shall not be deemed a breach of this Agreement, provided City makes its best efforts to execute the Release of Lien within a reasonable time thereafter. 9. The Owner agrees and is obligated to pay all costs associated with the recording of the Agreement and Release of Lien. 10. Each signatory to this Agreement represents, warrants, and certifies that he/she has the authority to enter into this Agreement on behalf of the Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees they represent (collectively "Applicants") and that this Agreement shalI be binding upon and constitute an obligation of the Applicants. IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or designated and authorized representative thereto, and by the Owner/Applicant. "Ownerl Applicant Date: By D ~ (t0cJ'^-r0" 5'. V" P. Its Date: THE CITY OF CHULA VISTA, A California municipal corporation By Is Approved as to form and legality this _ day of .20 Bart Miesfeld, City Attorney By: Deputy City Attorney 4-18 City of Chula Vista STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO 0" 4!d-l! Cf1 o.fure m, =L;"~~__"~"~. personally appeared _~"\l t q_ en 1JvJo Ltc.. ~ personally known tome -or- . D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/..,e-subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/~ authorized capaclty(~ and that by hls/b&fltheilo signature(s) on the Instrument, the person~ or the entity upon behalf of which the person(s1-acted, executed the Instrument. WITNESS my hand and official seal ~~ "u,,,,~u:1 JAMIE L. ESTRADA '. Commt&lllon# 1 753163 . i Notory Public . ColIfornla I z Ian DIogO County . ~. _..._~~~~~~J ~lJ~~ Capacity claimed by signer: (This section is OPTIONAL) D Individual D Corporate Officer(s): D Partner(s): D D Subscribing Witness D Attorney-in-fact D Trustee(s) D Guardian/ConseNator D Other: Signer Is representing: General D Urn ited (name of person{s) or entity(les)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT Title or Type of Document: Number of Pages: Date of Document: Signer(s) Other than Named above 4-19 City of Chula Vista Exhibit "A" Property Description (Legal Description) Lots 53-58 and 91-96 inclusive of Chula Vista Tract NO. 05-07 McMillin Otay Ranch Village 7, R-5, in the City of Chula Vista, County of San Diego, State of California according to the Map thereof NO. 15107, filed in the Office of the County Recorder of San Diego County. 4-20 EXHIBIT B Payment Schedule Terracotta Phase 5 (BR07-0546 thru BR07-05S7) Account 1600 1700 3000 3100 4000 4100 4200 4300 4400 4500 4600 5010 5140 6000 2.54% Balance of Balance Due @ Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Civic Ctr DIF Police DIF Corp Yard DIF Library DIF Fire DIF Recreation NPDES Fee Otay Ranch Res Deferred Fees Interest" Final Inspection $ 540.00 $ 13.72 $ 553.72 $ 41,736.00 $ 1,060.09 $ 42,796.09 $ 372.00 $ 9.45 $ 381.45 $ 6,150.00 $ 156.21 $ 6,306.21 $ 15,062.40 $ 382.58 $ 15,444.98 $ 6,756.00 $ 171.60 $ 6,927.60 $ 2,328.00 $ 59.13 $ 2,387.13 $ 816.00 $ 20.73 $ 836.73 $ 216.00 $ 5.49 $ 221.49 $ 2,844.00 $ 72.24 $ 2,916.24 $ 14,916.00 $ 378.87 $ 15,294.87 $ 12,864.00 $ 326.75 $ 13,190.75 $ 1,488.00 $ 37.80 $ 1,525.80 $ 313.08 $ 7.95 $ 321.03 $ 106,401.48 $ 2,702.60 $ 109,104.08 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 4-21 City of Chula Vista Exhibit "e" Recorded at th'e request of: When recorded, mail to: TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition of the Agreement between , for the payment of Development Impact Fees as recorded in the Office of , Document No, , have been fully satisfied as pertaining to: and the City of Chula Vista, Document No, the County Recorder of San Diego County on COUNTY ASSESSOR'S PARCEL NO, UNIT(s) LOT(s) Dated: OR MAP City of Chula Vista By: State of California County of San Diego On , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) acted, executed the instrument , before me, WITNESS my hand and official seal Notary Public in and for said County and State (Seal) 4-22 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CI Y CO 9~~ art . Miesfeld City Attorney Dated; y /';)0 /09 I I Lien and Development Impact Fee Payment Plan Program Agreement Between McMillin Terracotta, LLC, and the City of Chula Vista For Terracotta Phase 6 4-23 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: CITY OF CHULA VISTA Attn: No transfer tax is due as this is a conveyance to a pUblic agency of less than a fee interest for which no cash consideration has been paid or received For Recorder's Use Only LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreement"), dated . 20 ---.J for reference only and executed on the date on which the last party signs, by and between McMillin Terracotta LLC ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation and charter city ("City") with reference to the following facts: A. Owner is the owner of that certain real property in the City Of Chula Vista, County of San Diego, State of California, more particularly described on Exhibit "A" attached ("Property"). B. On Au.us< 23 20QL the City Council of the City approved Resolution # 2005-280 Lots 15-28 ofOtav Ranch Village 7 Neip'hborhood R-5 afFinal Man Number 15107 also known as Terracotta Phase 6 (the "Project"). C. Owner has applied for a building permit(s) for the Project. D Upon the issuance of building permits, certain fees are due and payable pursuant to City's Municipal Code, non-codified ordinances related to land development, and California Government Code Sections 66000 et. seq ["Fees"]. The Fees applicable to the building penn its are more particularly described on Exhibit "B", attached: Other fees or charges related to the Project, but not induded in Exhibit "B", shall still be due and payable to the City in accordance with the City Municipal Code. Omission of such additional fees and charges from Exhibit "B" shall not be a waiver of the obligation of Owner to pay such additional fees and charges. E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or his/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier. F. The City has found that the Fees are not immediately needed for public improvements required to serve the Project; deferral of collection of Fees would encourage development vital to the City; payment of Fees is adequately secured through this Agreement and the City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the deferral of Fees for the Project would not jeopardize the public health, safety, and welfare. G. Ord. No. 3120 requires Owner to execute a contract with the City, prior to the issuance of building permits, in order to defer the payment of the Fees. H. City and Owner desire to enter into this Agreement deferring payment of the Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or his/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier, pursuant to all the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Owner agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit "B" and such Fees are due and payable upon issuance of building permits and by executing this Agreement WAIVES AND RELEASES the City from any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified in Exhibit "B". Owner's waiver and release of the City shall exclude any and all claims arising out of or related to the City's breach of this Agreement 2. City agrees to defer the payment of the Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or his/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier ("Deferral Period"). 3. Interest shall accrue at the California State Local Agency Investment Fund (LAIF) Apportionment Rate in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). 4. Owner on behalf of itself and its successors in interest, whether by inheritance, gift, bequest, devise, sale, conveyance, assignment, or other method of transferring title or acquiring interest in or to any part of the Project or Property ("Successors"), 4-24 agrees to pay the Fees and Accrued Interest with a certified check prior to or concurrent with the date on which the Deferral Period ends. 5. Owner agrees that if it fails to pay the Fees and Accrued Interest in full prior the end of the Deferral Period, City shall withhold the final inspection or issuance of certificate of occupancy, as applicable, until payment of Fees and Accrued Interest is made in full. 6. All other rights of the parties shaH remain unchanged, as if the Fees were paid at the time of penn it issuance. Without limiting the foregoing, the Fees payable shall be those in effect at the time of execution of the Agreement as set forth on Exhibit "B". 7. This Agreement shall be recorded by the City in the Official Records of the County of San Diego, Office of the County Recorder and shall constitute a lien for the Fees and Accrued Interest binding upon and running with the Property. If the O'W'I1er sells or transfers the Property or any portion of the Property in any manner, Property shall not be released from any of the obligations, covenants, or conditions under this Agreement relating to the Property or portion of the Property or Project being acquired. 8. The burden of this Agreement shall be released from the title to the Property upon the payment of Fees and Accrued Interest. Within ten (10) business days following the payment of the Fees and Accrued Interest, the City shall execute a "Release cfLien" (Exhibit "C"), which shalI be in standard fonn, approved by the City Attorney, releasing the burden of this Agreement from the title to the Property. Failure of the City to execute the Release of Lien within ten (10) business days of payment of the Fees and Accrued Interest shall not be deemed a breach of this Agreement, provided City makes its best efforts to execute the Release of Lien within a reasonable time thereafter. 9 The Owner agrees and is obligated to pay all costs associated with the recording of the Agreement and Release ofUen. 10. Each signatoI)' to this Agreement represents, warrants, and certifies that he/she has the authority to enter into this Agreement on behalf of the Owner, the agencies/companiesltrusts, respective officers, directors, and/or trustees they represent (collectively "Applicants") and that this Agreement shall be binding upon and constitute an obligation of the Applicants. IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or designated and authorized representative thereto, and by the Owner/Applicant. "Ownerl Applicant Date: By b~lJQ"~ 'S.U P - Its Date: THE CITY OF CHULA VISTA, A California municipal corporation By Is Approved as to fonn and legality this _ day of .20 Bart Miesfeld, City Attorney By: Deputy City Attorney 4-25 City of Chula Vista STATE OF CALIFORNIA ) ss. COUNTY OF SAN DIEGO On y /-;;-/ J DC, I I Th\lLd , before me, J Cl.ffi LE:. L, (name, title of officer, e.g., Jane Doe, No ~r-Y:en "Vc.Jal L C- personally appeared 9\ personally known to me -or- o proved to me on the basis of satisfactory evidence to be the perso~hose nameksfis~subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/.I:lef/tl'reinluthorized capacit~nd that by hislher:t~,G;, 'S'ignature(s) on the instrument, the person(s1;-or the entity upon behalf of which the personj81"acted, executed the instrument. WITNESS my hand and official seal JAMIE L. ESTRADA Comml$lllon # 1753163 Notorv Public . Callfornta I Son Diego County ~ MvComm. Elcp!!GS.kJn25. 20U ~....-.......-""'_...-~ ~3~ Capacity claimed by signer: (This section is OPTIONAL) 0 Individual 0 Corporate Officer(s): 0 Partner(s): 0 0 Subscribing Witness 0 Attorney-in-fact 0 Trustee(s) 0 Guardian/Conservator 0 Other: Signer is representing: General o Limited (nama of persan{s) or entity(ies)) Attention Notary: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to an unauthorized document: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT Title or Type of Document: Number of Pages: Date of Document: Signer(s) Other than Named above 4-26 City of Chula Vista Exhibit "A" Property Description (Legal Description) Lots 15-28 inclusive of Chula Vista Tract NO. 05-07 McMillin Otay Ranch Village 7, R-5, in the City of Chula Vista, County of San Diego, State of California according to the Map thereof NO. 15107, filed in the Office of the County Recorder of San Diego County. 4-27 EXHIBIT B Payment Schedule Terracotta Phase 6 (BR07-0558 thru BR07-0571) Account 1600 1700 3000 3100 4000 4100 4200 4300 4400 4500 4600 5010 5140 6000 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Civic Ctr DIF Police DIF Corp Yard DIF Library DIF Fire DIF Recreation NPDES Fee Otay Ranch Res $ 630.00 $ 16.00 $ 646.00 $ 48,692.00 $ 1,236.78 $ 49,928.78 $ 434.00 $ 11.02 $ 445.02 $ 7,175.00 $ 182.25 $ 7,357.25 $ 17,572.80 $ 446.35 $ 18,019.15 $ 7,882.00 $ 200.20 $ 8,082.20 $ 2,716.00 $ 68.99 $ 2,784.99 $ 952.00 $ 24.18 $ 976.18 $ 252.00 $ 6.40 $ 258.40 $ 3,318.00 $ 84.28 $ 3,402.28 $ 17,402.00 $ 442.01 $ 17,844.01 $ 15,008.00 $ 381.20 $ 15,389.20 $ 1,736.00 $ 44.09 $ 1,780.09 $ 365.26 $ 9.28 $ 374.54 Balance of Deferred Fees $ 124,135.06 $ 2.54% Interest" Balance Due @ Final Inspection 3,153.03 $ 127,288.09 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAlF) Quarter Ending 12/31/08 Apportionment Rate 4-28 City of Chula Vista Exhibit "e" Recorded at the request of: When recorded, mail to: TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition of the Agreement between , for the payment of Development Impact Fees as recorded in the Office of , Document No. , have been fully satisfied as pertaining to: and the City of Chula Vista, Document No. the County Recorder of San Diego County on COUNTY ASSESSOR'S PARCEL NO. UNIT(s) LOT(s) Dated: OR MAP City of Chula Vista By: State of California County of San Diego On , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) acted, executed the instrument. , before me, WITNESS my hand and official seal Notary Public in and for said County and State (Seal) 4-29 THE A TT ACHED AGREEMENT HAS BEEN REVIE WED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CIT CO CIL Dated 'I /W ~9 / r Lien and Development Impact Fee Payment Plan Program Agreement Between Otay Ranch Village II-PC-13, LLC, and the City ofChula Vista For Villas de Avila Model Units 4-30 RECORDING REQUESTED BY, Ac"lD WHEN RECORDED MAIL TO: CITY OF CHULA VISTA Attn: No transfer tax. is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received For Recorder's Use Only LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN AND DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreement"), dated . 20---, for reference only and executed on the date on which the last party signs, by and between Otav Ranch Village II-PC-n LLC ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation and charter city ("City") with reference to the following facts: A. Owner is the owner of that certain real property in the City Of Chula Vista, County of San Diego, State of California, more particularly described on Exhibit "A" attached ("Property"). B. On Seotember 16 2022-. the City Council of the City approved Resolution # 2008-212 Lots loft Otav Ranch Village 2 Netghborhood R-13 of Final MaD Number 15717 also known as Casita de Avila Model Units (the "Project"). C. Owner has applied for a building permit(s) for the Project. D. Upon the issuance of building permits, certain fees are due and payable pursuant to City's Municipal Code, non-codified ordinances related to land development. and California Government Code Sections 66000 et. seq e'Fees"]. The Fees applicable to the building permits are more particularly described on Exhibit "B", attached. Other fees or charges related to the Project, but not included in Exhibit "B", shalI still be due and payable to the City in accordance with the City MlU1icipaJ Code. Omission of such additional fees and charges from Exhibit "B" shall not be a waiver of the obligation of O'Mler to pay such additional fees and charges. E Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislher designee, or unti1 the cal1 for final inspection for residential development or issuance of certificate of occupancy for non-residential development. whichever is earlier. F The City has found that the Fees are not immediately needed for public improvements required to serve the Project; deferral of collection of Fees would encourage development vital to the City; payment of Fees is adequately secured through this Agreement and the City's right to withhold final inspection or certificate of occupancy until Fees are paid; and the deferral of Fees for the Project would not jeopardize the public health, safety, and welfare. G. Ord. No. 3120 requires Owner to execute a contract with the City, prior to the issuance of building permits, in order to defer the payment of the Fees. H. City and Owner desire to enter into this Agreement deferring payment of the Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or his/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier, pursuant to all the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS. I. Owner agrees and acknowledges that it is obligated to pay all Fees in type and amount identified in Exhibit ""B" and such Fees are due and payable upon issuance of building permits and by executing this Agreement \V AIVES AND RELEASES the City from any and all claims arising out of or related to this Agreement, including the amount and type of Fees identified in Exhibit '"B". Owner's waiver and release of the City shall exclude any and all claims arising out of or related to the City's breach of this Agreement 2. City agrees to defer the payment of the Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislher designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non~residential development, whichever is earlier C'Deterral Period"). 3. Interest shan accrue at the California State Local Agency Investment Fund (LAlF) Apportionment Rate in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid ("Accrued Interest"). 4. Owner on b'ehalf of itself and its successors in interest, whether by inheritance, gift. bequest, devise, sale, conveyance, assignment, or other method" of transferring titJe or acquiring interest in or to any part of the Project or Property ("'Successors"), 4-31 agrees to pay the Fees and Accrued Interest with a certified check prior to or concurrent with the date on which the Deferral Period ends. 5 Owner agrees that if it fails to pay the Fees and Accrued Interest in full prior the end of the Deferral Period, City shall withhold the fmal inspection or issuance of certificate of occupancy, as applicable, until payment of Fees and Accrued Interest is made in fulL 6. All other rights of the parties shall remain unchanged, as if the Fees were paid at the time of permit issuance. Without limiting the foregoing, the Fees payable shall be those in effect at the time of execution of the Agreement as set forth on Exhibit "B", 7. This Agreement shall be recorded by the City in the Official Records of the County of San Diego, Office of the County Recorder and shall constitute a lien for the Fees and Accrued Interest binding upon and running with the Property. If the Owner sells or transfers the Property or any portion ofthe Property in any manner, Property shall not be released from any of the obligations, covenants, or conditions under this Agreement relating to the Property or portion of the Property or Project being acquired. 8. The burden of this Agreement shall be released from the title to the Property upon the payment of Fees and Accrued Interest. Within ten (10) business days following the payment of the Fees and Accrued [nterest, the City shall execute a "Release of Lien" (Exhibit "C"), which shall be in standard form, approved by the City Attorney, releasing the burden of this Agreement from the title to the Property Failure of the City to execute the Release of Lien within ten (10) business days of payment of the Fees and Accrued Interest shall not be deemed a breach of this Agreement, provided City makes its best efforts to execute the Release of Lien within a reasonable time thereafter. 9. The Owner agrees::md is obligated to pay all costs associated with the recording of the Agreement and Release ofJ;..ien. 10. Each signatory to this Agreement represents, warrants, and certifies that he/she has the authority to enter into this Agreement on behalf of the Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees they represent (collectively "Applicants") and that this Agreement shall be binding upon and constitute an obligation ofthe Applicants. IN WITNESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or designated and authorized representative thereto, and by the Owner! Applicant. Date: AI /30/ /})'7 "Owner! Applicant ~~" ~ e....~ !p/;JVV By fA~ (\-t'~~ LA- Its Date: THE CITY OF CHULA VISTA, A California municipal corporation By Is Approved as to form and legality this _ day of ,20 Bart Miesfeld, City Attorney By. Deputy City Attorney 4-32 City of Chula Vista Exhibit "A" Property Description (Legal Description) LOT 1 OF CHULA VISTA TRACT NO. 06-05, OTAY RANCH VILLAGE 2 AND PORTIONS OF VILLAGE 4, NEIGHBORHOOD R-13, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15717, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 2008. ' 4-33 EXHIBIT B Payment Schedule Casita de Avila Models (BR08-0031 to BR08-0033) Account 1600 1700 3000 3100 4000 4100 4200 4300 4400 4500 4600 5010 5120 5140 6000 8085 8086 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Civic Ctr DIF Police DIF Corp Yard DIF Library DIF Fire DIF Recreation Poggi Cyn Grav Sewer DIF NPDES Fee Otay Ranch Res Pedestrian Bridge Pedestrian Bridge 2 TOTALS Balance of Deferred Fees 2.54% I nte rest' Balance Due @ Final Inspection $ 135.00 $ 3.43 $ 138.43 $ 10,434.00 $ 265.02 $ 10,699.02 $ 892.50 $ 22.67 $ 915.17 $ 1,350.00 $ 34.29 $ 1,384.29 $ 27,162.00 $ 689.91 $ 27,851.91 $ 1,596.00 $ 40.54 $ 1,636.54 $ 6,984.00 $ 177.39 $ 7,161.39 $ 5,073.00 $ 128.85 $ 5,201.85 $ 1,014.00 $ 25.76 $ 1,039.76 $ 4,239.00 $ 107.67 $ 4,346.67 $ 2,682.00 $ 68.12 $ 2,750.12 $ 3,216.00 $ 81.69 $ 3,297.69 $ 900.00 $ 22.86 $ 922.86 $ 444.00 $ 11.28 $ 455.28 $ 78.27 $ 1.99 $ 80.26 $ 1,221.00 $ 31.01 $ 1,252.01 $ 1,257.00 $ 31.93 $ 1,288.93 $ 68,677.77 $ 1,744.42 $ 70,422.19 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 4-34 City of Chula Vista Exhibit "e" Recorded at the request of: When recorded, mail to: TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition of the Agreement between and the City of Chula Vista, Document No. the County Recorder of San Diego County on , for the payment of Development Impact Fees as recorded in the Office of , Document No. , have been fully satisfied as pertaining to: COUNTY ASSESSOR'S PARCEL NO. UNIT(s) LOT(s) Dated: OR MAP City of Chula Vista By: State of Califomia County of San Diego On , before me, , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) acted, executed the instrument. WITNESS my hand and official seal Notary Public in and for said County and State (Seal) 4-35 City of Chula Vista STATE OF CALIFORNIA ) ) 55. COUNTY OF SAN DIEGO ) On 3o""erfl;Jti( ~fore me, 1r~ personally appeared ,~-flAJiJ,y/ ""(~amT'J::1Offler, !!~fJ:te, f1:!zt~- ~, t3wfc/uJrn o pGf68Plz.II, hi luvvll lU .m~ "'\JI"--'" y. proved to me on the basis of satisfactory evidence to be the person\1l') whose name\1l') is/~ subscribed to the within instrument and acknowiedged to me that he/~:tl ,~y ,,-<ecuted the same in his/hef'itrTeir authorized capacity~, and that by his/~r slgnature~) on the instrument, the person~, or the entity upon behalf of which the perso~ acted, executed the instrument. WITNESS my hand and official seal """""'-.---'^'-^- TRUNG M. TRAN COMM. #1745372 m NOTARY PUBLIC-GALIFORNIA Q SAN DIEGO CouNTY := My Comm ExpfrellS MAY 15, 2011 ^- r (Si9~t:; cr Capacity claimed by signer: (This section is OPTIONAL) o Individual o Corporate Officer(s): o Partner(s): o Subscribing Witness o Attorney-in-fact o Trustee(s) o Guardian/Conservator o Other: 7~r. o General o Signer is representing: (name af person(s) or entity(ies)) ation requested below is OPTIONAL. It could prevent fraudulent attachment of this certificate to THIS CERTIFICAT MUST BE ATTACHED 0 THE DOCUMENT ESCRIBED AT RIGHT Titie or Type of Document: Number of Pages: Date of Document: Signer(s) Other than Named above 4-36 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY C UNCIL a . lesfeld City Attorney Dated 1 /2,0/0'7 I I Lien and Development Impact Fee Payment Plan Program Agreement Between Otay Ranch Village II - PC-13, LLC, and the City of Chula Vista For Casitas de Avila Model Units 4-37 RECORDING REQUESTED BY. AND WHEN RECORDED /vIAlL TO: CITY OF CHULA VISTA Attn: No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received For Reeorder's Use Only LIEN AND DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN AND DEVELOPMENT IMP ACT FEE PAYMENT PLAN PROGRA,\1 AGREEMENT ("Agreement"), dated , 20--, for reference only and executed on the date on which the last party signs, by and between Otav Ranch Villa"e IT-PC-!3 LLC ("Owner"), and the CITY OF CHULA VISTA, a California municipal corporation and cbarter city ("C ityn) with reference to the following facts: A. Owner is the owner of that certain real property in the City OfChula Vista, County of San Diego, State of Calif ami a, more particularly described on Exhibit "A" attached ("Property''). B On Seotember 16 20~ the Citv Council of the City approved Resolution # 2008-212 Lot I of Otav Ranch Villa"e 2 Nei2hborhood R-13 afFinal MaD Number 15717 also known as Villas de Avila Model Units the "Project"). C. Owner has applied for a building permit(s) for the Project D Upon the issuance of building permits, certain fees are due and payable pursuant to City's Municipal Code, non-codified ordinances related to land development, and California Government Code Sections 66000 et. seq ["Fees"]. The Fees applicable to the building permits are more particularly described on Exhibit "B", attached. Other fees or charges related to the Project, but not included in Exhibit ~B", shall still be due- and payable to the City in accordance with the City Municipal Code. Omission of such additional fees and charges from Exhibit "B" shall not be a waiver of the obligation of Owner to pay such additional fees and charges. E. Pursuant to City Ordinance No. 3120 ("Ord. No. 3120"), the City has the authority to defer Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislher designee, or until the call for final inspection for residential development or lssuance of certificate of occupancy for non-residential development, whichever is earlier. F. The City has found that the Fees are not immediately needed for public improvements required to serve the Project~ deferral of collection of Fees would encourage development vital to the City; payment of Fees is adequately secured through this Agreement and the City's right to withhold final inspection or certificate of occupancy until Fees are paid~ and the deferral of Fees for the Project would not jeopardize the public health, safety, and welfare. G. Ord. No. 3120 requires Owner to execute a contract with the City, prior to the issuance of building permits, in order to defer the payment of the Fees. H. City and Owner desire to enter into this Agreement deferring payment of the Fees for 12 months from the pennit issuance with an option to extend for an additional 12 months. at the sole discretion of the City Manager or his/her designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development, whichever is earlier, pursuant to all the terms and conditions of this Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Owner agrees and acknowledges that it is obligated to pay all Fees in type: andamount identified in Exhibit o'B" and such Fees are due and payable upon issuance of building permits and by executing this Agreement WANES Al'iD RELEASES the City from any and aU claims arising out afar related to this Agreement, including the amount and type of Fees identified in Exhibit "B". Owner's waiver and release of the City shall exclude any and all claims arising out of or related to the City's breach of this Agreement 2. City agrees to defer the payment of the Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion of the City Manager or hislher designee, or until the call for final inspection for residential development or issuance of certificate of occupancy for non-residential development. whichever is earlier ("Deferral Period"). 3. Interest shall accrue at the California State Local Agency Investment Fund (LAIF) Apportionment Rate in effect on the date of the execution of this Agreement through the end of the Deferral Period until paid.("Accrued Interest"). 4 Ovroer on behalf of itself and its successors in interest, whether by inheritance, gift, bequest, devise, sale, conveyance, assignment, or other method of transferring title or acquiring interest in or to any part afthe Project or Property ("'Successors"), 4-38 agrees to pay the Fees and Accrued Interest with a certified check prior to or concurrent with the date on which the Deferral Period ends. 5 Owner agrees that if it fails to pay the Fees and Accrued Interest in full prior the end of the Deferral Period. City shall withhold the final inspection or issuance of certificate of occupancy. as applicable, until payment of Fees and Accrued Interest is made in fulL 6. All other rights of the parties shall remain unchanged, as tfthe Fees were paid at the time of penn it issuance: Without limiting the foregoing, the Fees payable shall be those in effect at the time of execution of the Agreement as set torth on Exhibit "8". 7 This Agreement shall be recorded by the City in the Official Records of the County of San Diego, Office of the County Recorder and shall constitute a lien for the Fees and Accrued Interest binding upon and running with the Property. If the Owner sells or transfers the Property or any portion of the Property in any manner, Property shall not be released from any of the obligations, covenants, or conditions under this Agreement relating to the Property or portion of the Property or Project being acquired. g. The burden of this Agreement shall be released from the title to the Property upon the payment of Fees and Accrued Interest. Within ten (IO) business days following the payment of the Fees and Accrued Interest, the City shall execute a "Release of Lien" (Exhibit "C"), which shall be in standard form, approved by the City Attorney, releasing the burden of this Agreement from the title to the Property. Failure of the City to execute the Release of Lien within ten (10) business days of payment ofthe Fees and Accrued Interest shall not be deemed a breach of this Agreement, provided City makes its best efforts to execute the Release of Lien within a reasonable time thereafter. 9 The Owner agrees and is obligated to pay all costs associated with the recording of the Agreement and Release of Lien. 10. Each signatory to this Agreement represents, warrants, and certifies that he/she has the authority to enter into this Agreement on behalf of the Owner, the agencies/companies/trusts, respective officers, directors, and/or trustees they represent (collectively "Applicants") and that this Agreement shall be binding upon and constitute an obligation of the Applicants. IN WTINESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or desigI?ated and authorized representative thereto, and by the Owner! Applicant. Date: l{ l3d tJ9 "Owner/Applicant l~6/~ ,. By <t-&/ei/t ({ (].A-Wr.JI,"" P~IJ~ Its UI(L Date: THE CITY OF CHULA VISTA, A California municipal corporation By Is Approved as to form and legality this _ day of ,20 Bart Miesfeld, City Attorney By' Deputy City Attorney 4-39 City of Chula Vista Exhibit "A" Property Description (Legal Description) LOT 1 OF CHULA VISTA TRACT NO. 06-05, OTA Y RANCH VILLAGE 2 AND PORTIONS OF VILLAGE 4, NEIGHBORHOOD R-13, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15717, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 22, 2008. 4-40 EXHIBIT B Payment Schedule Villas de Avila Models (BR08-0028 to BR08-0029) Account 1600 1700 3000 3100 4000 4100 4200 4300 4400 4500 4600 5010 5120 5140 6000 8085 8086 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin DIF Civic Ctr DIF Police DIF Corp Yard DIF Library DIF Fire DIF Recreation Poggi Cyn Grav Sewer DIF NPDES Fee Otay Ranch Res Pedestrian Bridge Pedestrian Bridge 2 TOTALS Balance of Deferred Fees 2.54% Interest" Balance Due @ Final Inspection $ 90.00 $ 2.29 $ 92.29 $ 10,434.00 $ 265.02 $ 10,699.02 $ 952.00 $ 24.18 $ 976.18 $ 1,725.00 $ 43.82 $ 1,768.82 $ 36,216.00 $ 919.89 $ 37,135.89 $ 2,128.00 $ 54.05 $ 2,182.05 $ 9,312.00 $ 236.52 $ 9,548.52 $ 6,764.00 $ 171.81 $ 6,935.81 $ 1,352.00 $ 34.34 $ 1,386.34 $ 5,652.00 $ 143.56 $ 5,795.56 $ 3,576.00 $ 90.83 $ 3,666.83 $ 4,288.00 $ 108.92 $ 4,396.92 $ 1,200.00 $ 30.48 $ 1,230.48 $ 356.00 $ 9.04 $ 365.04 $ 104.36 $ 2.65 $ 1 07.01 $ 1,628.00 $ 41.35 $ 1,669.35 $ 1,676.00 $ 42.57 $ 1,718.57 4-41 2,221.32 $ 89,674.68 $ 87,453.36 $ Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate City of Chula Vista Exhibit "e" Recorded at the request of: When recorded, mail to: TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT NOTICE IS HEREBY GIVEN that the Development Impact Fees due under Condition of the Agreement between and the City of Chula Vista, Document No. the County Recorder of San Diego County on , for the payment of Development Impact Fees as recorded in the Office of , Document No. , have been fully.satisfied as pertaining to: COUNTY ASSESSOR'S PARCEL NO. UNiT(s) LOT(s) Dated: OR MAP City of Chula Vista By: State of California County of San Diego On , personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) acted, executed the instrument. , before me, WITNESS my hand and officiai seal Notary Public in and for said County and State (Seal) 4-42 City of Chula Vista STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) !Zhkc. ne Doe, Notary Public) personally appeared c. o per~g"'all) lEl"l6n" tv 111<.;0 -or- ~ proved to me on the basis of satisfactory evidence to be the person(;;1 whose name(i1is/a1'e subscribed to the within instrument and acknowiedged to me that he/~ executed the same in his/herttTrnTr authorized capacity(~), and that by his/hefIlAeir signature(Bj on the instrument, the person~, or the entity upon behalf of which the person(;l? acted, executed the instrument. WITNESS my hand and official seal "",,---.-.--.-t TRUNG M. TRAN aI COMM. #1745372 0 NOTARY PUBUC-CAUFORNIA )> SAN OIEGO COUNTY .... My Comm. Expires MAY 15. 2011 ZJ?--p-- (Signature of Notary) 0 Individual 0 Corporate Officer(s): 0 Partner(s): 0 0 Subscribing Witness 0 Attorney-In-fact 0 Trustee(s) 0 Guardian/Conservator 0 Other: Signer is representing: iT- Capacity claimed by signer: General o (name of person{s) or entity(ies)) Attention Notary: Althou the information requested below is OPTiONAL, it could prevent fraudulent attachment of this certificate to an unauthorized docu ent THIS CERT ICATE MUST BE ATTA HED TO THE DOCUMENT DESCRIBED AT RIGHT Title or Type of Document: Number of Pages: Date of Document: Signer(s) Other than Named above 4-43 . -~ CITY COUNCIL AGENDA STATEMENT ~ \ 'f::.. CITY OF ~~ (HULA VISTA 5/12109, Item2 SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FUNDS UNDER THE SAFE ROUTES TO SCHOOL PROGRAt'vI IN THE AMOUNT OF $621,115 FOR THE "SAFE ROUTES TO SCHOOL - OTAY ELEMENTARY AND RICE ELEMENTARY" PROJECT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "SAFE ROUTES TO ..SCHOOL iOT Y. ELEMENT ARY AND RICE ELEMENTARY" (TF-361) AND APP RIATING FUNDS THEREFOR DIRECTOR OF P~B ORKS CITY MANAGER ASSIST At'lT CITY , NAGER 4/5THS VOTE: YES ~ NO D ITEM TITLE: Suwu'VIARY In January 2007, the City filed a grant application to the State under the Federal Safe Routes to School Program (SRTS) for funds to improve pedestrian facilities adjacent to Otay and Rice Elementary Schools. On June 7, 2007, the applications were ap~roved for the SRTS Federal grant and Federal Highways Administration (FHWA) final authorization was made in November 2007. Subsequently, the Program Supplement Agreement was certified in February 2009. As a result, staff recommends that the City Council accept the grant program funds and authorize the appropriation of funds to a new CIP, "Safe Routes to Schools - Otay Elementary and Rice Elementary Schools" (TF-361). This project will install curb extensions, pedestrian ramps, raised median, flashing beacons, and other improvements to enhance pedestrian safety adjacent to Otay Elementary School and Rice Elementary School. ENVIRONMENT AL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the National Environmental Policy Act (NEPA) and has determined that the project qualifies for a Categorical Exclusion pursuant to Section 153301 (Existing Facility) of the State CEQA Guidelines because it mvolves installation of various traffic calming devices (crosswalk striping, speed signs, etc.) within an existing street. Thus, no further envIronmental review is necessary. RECOMMENDA TION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. 5-1 l~ 5/12/09, Item~ Page 2 of 3 DISCUSSION On June 7, 2007, the City was notified that it had been awarded a grant from the Federal Safe Routes to School (SRTS) Program, as authorized by Section 1404 of SAFETEA-LU (the Safe, Accountable, Flexible, Efficient Transportation Equity Act: a Legacy of Users) to design and construct pedestrian crossing enhancements. One of Chula. Vista's projects under this contract is located just north of the intersection of Albany A venue and Main Street, east of Del Monte A venue, in front of Otay Elementary School. The other locatIOn is at the intersection of Fourth Avenue and Westby Street, in front of Rice Elementary School (See Attachment 1). Funding for this project is included in the Federal Fiscal Years 2006/2007 and 200712008 SRTS Program Plans. The delay from the notification of grant approval and tonight's action was due to Caltrans Local Assistance Program staff turnover at the District office. The official notification to proceed by the State and FHW A was at the end of 2007, but notification to the City was not provided until early 2008. Since that time, initial surveying work commenced In the spring of 2008. Design commenced during that time also, primarily concentrating on the drainage and pedestrian ramp designs. The Program Supplement Agreement, Attachment 2, is in the Caltrans final signature process, and was certified by Caltrans in February 2009. This document is expected to be received shortly and does not affect staffs ability to continue to work on the project. The scope of work in the grant application focuses on improving the pedestrian school routes to Otay Elementary and Rice Elementary by enhancing the existing crosswalks on Albany A venue and on Fourth Avenue, respectively, directly In front of the schools. These enhancements consist of curb extensions, enhanced signage, additional pavement legends, and nashing beacons warning drivers of the crosswalk. The proposed work will create physical improvements to the existing Infrastructure surrounding both school sites at four intersections. The work at RIce Elementary School will be at Fourth Avenue and Westby Street. The work on Otay Elementary School will be at Albany Avenue/Zenith Street, at Albany Street/Montgomery Street, and at Banner Avenue/Zenith Street. This project will help increase the walking and biking rate and enhance pedestrian safety by providing offset medians, curb extensions, setback limit lines and other enhanced striping, prominent crosswalks with zebra striping, and ADA- complIant pedestrian ramps. The enhanced crosswalks will have solar powered advance school zone warning signs on traffic signal standards and in-pavement roadway lighting so that motorists have additional awareness of the crosswalks. All of this work entails substantial pavement and drainage work not originally contemplated in the grant application, but necessary to complete the project. In an attempt to educate motorists, the project will also include the installation of radar feedback signs, similar in nature to the installation on Naples Street at Harborside Elementary School. Additional funds are needed to complete this project for design, surveying, and construction costs associated with unanticipated roadway drainage and paving work required to safely re-route drainage now around the new pedestrian improvements. Staff recommends accepting the award of the grant and appropriating funding as detailed in the Fiscal Impact section of this report and continuing with the design of the proposed improvements discussed in the grant application. Staff will report back to Council once the design is complete and a construction contract is ready for award. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property that is the subject of this actIon. 5-2 ,--- 5/12/09, Item~ Page 3 of 3 CURRENT YEAR FISCAL IMPACT The grant application included approval of federal funds up to an amount of $621, lIS (see Attachment No.3). This grant program requires no funding match, as the project is 100% reimbursable. However, an additional $97,000 is needed to complete the project due to additional design, surveying, and construction work associated with unanticipated roadway drainage and paving work required to safely re-route drainage flow around the new pedestrian improvements. Staff proposes that this $97,000 be appropriated from the unencumbered TransNet balance. Therefore, the proposed action would appropriate funds for this project as follows: r' - '" ~. ~.'..' '.~.:'.- ".. - "... "." '" .. - '. - .- , . '". ,'". - - . , - '" - " '.".'. , '''.." "''''''.''..'''''.''.'''''''''''''''''i! t ___~~.~S A V AlLABL~ FOR !HE PRO_JECT ________ ____. ; Federal Grant Fund (73651) $621,115 ! (To be reImbursed by Safe Routes to School Grant Program) , I, i! Unencumbered Balance of the TransNet (CHY33) $97,000 Ii TOTAL FUNDS AVAILABLE FOR THE PROJECT $718,115 ~ t........."."."._.,"".~."."."""".....""~.."."."_.~...........,,,,,,....""........."............."...._..............."."..........,."........'"._...~,."....'..""_........."...........".,,.........,......"...".....".""."..."."."'"... ONGOING FISCAL IMPACT Projected average annual maintenance costs of $600 to $1,200 over a five-year maintenance cycle for bulb replacement and periodic re-striping of legends and crosswalk (paint and thermoplastic). ATTACHMENTS I. Area Plats - Otay Elementary School & Rice Elementary School 2. Program Supplement No. NOl5 3. Safe Routes to School Approved Project List - Cycle I (page 12 of 14 only) Prepared by. R. Alan Reyes. Associate CivIl Engineer, Public Works-Engineering M:\Engineer\AGENDA \CAS2009\05-12-09\TF361,SRTS.doc 5-3 ATTACHMENT I I I I I I TREJrIONT ST I V"- i- I '\ /JONTGaJERY ST I ~ \ (;) , / c '" - - VI )... l:l:: ~ C'5 l- - ~ V " V - li:i \ )... i ~ \ ZENITH ST (;) '/ \ "- - ./ '- / - - - ~ ~ "l: "l: ~ )... ~ ~ /JAIN ST I I GRAPHIC SCALE \' PROPOSED PEDESTRIAN '- RAMP LOCA TlONS 200 0 100 200 r-.....J -1 ( IN FEET ) 1 inch = 200 ft. Q: \SDSKPROJ\TFJ51\Draw\Design\ROW eerl Plat.dwg 03/05/2009 1':55:J8 AM PST DRAWN BY: TITLE: R. ALAN REYES DA TE:: SHE:eT 1 03-05-09 OF 2 SHTS. CITY OF CHULA VISTA SAFE ROUTES TO SCHOOL IMPROVEMENTS - OTA Y ELEMENTARY PROJECT FILE #TF-367 PRE:PARE:D BY: R. ALAN REYES APPROVED BY: ROBERTO YANO SCHOO\... ~e:t.frARY RICE: e:L.E GRAPHIC SCALE 1~~ 50 100 ~- 1 ( IN FEET ) 1 inch = 100 ft. 0: \SDSI<PROJ\Tr367\Draw\Oesign\ROW Cerl Plal.dwg 03/D5/2009 71:55:38 AM PST DRAWN BY: 77TLE: R. ALAN REYES DA TE: SHEET 2 05-07-08 OF 2 SHTS. CITY OF CHULA VISTA SAFE ROUTES TO SCHOOL IMPROVEMENTS - ICE ELEMENTARY PROJECT FILE #TF-J67 PREPARED BY: R. ALAN REYES APPROVED BY: ROBERTO YANO ~.".,. ACHMENT ~ PROGRAM SUPPLEMENT NO. N01S to ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 11-S2G3R Date: February 03,2009 Location: I1-SD.0-CHV proj ect Number: SRTSL-5203(024) E.A. Number: 11-956482 This Program Supplement hereby incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on / / and is subject to all the terms and conditions thereof. TIlis Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. , approved by the Administering Agency on (See eopy attached). The Administering Agency further stipulates that as a condition to the payment by State of any funds derived from sources noted below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth on the following pages. PROJECT LOCATION: atay Elementary School and Rice Elementary School TYPE OF WORK: LENGTIl: o (MILES) Estimated Cost Federal Funds Matching Funds HU20 S63,000.00 LOCAL OTIlER $63,000.00 SO.OO SO.OO $0.00 CITY OF CHULA VISTA By ~/~~ L/~ /i {!O~^~ blRr-CfcR X-- fV..8~ v ui92K~ STATE OF CALIFORNIA Department of Transportation By Date Chief, Office of Project Implementation Division of Local Assistance Attest Date Title funda are available for thiD encumbrance: S63,000.00 Chapter Item Fund Source AMOOll'l' 171 2007 2660-102-890 2007-2008 20.30.010.535 C 262042 892-F 63,000.00 Program Supplement 11-S203R-N01S- ISTEA Page 1 of 4 5-6 ll-SD-O-CHV 02/03/2009 SRTSL-5203(024) SPECIAL COVENANTS OR REMARKS 1. The PROJECT will be administered in accordance with the SR2S Program Guidelines effective at the time of Program Supplemental Agreement execution. The ADMINISTERING AGENCY agrees to encumber the funds under agreement and award the construction contract by September 30th of the fiscal year in which funds are programmed. For projects unable to meet this deadline, the ADMINISTERING AGENCY may request in writing, a time extension from the District Local Assistance Engineer (DLAE). One time extension, for a maximum period of one year, may be granted by the DLAE. Projects unable to meet the new deadline may be dropped from the program. 2. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an I1Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s) . 3. Any State and Federal funds that may have been encumbered for this project are only available for disbursement for a period of five (5) years and seven (7) years, respectively, from the start of the fiscal year(s} that those funds were appropriated within the State Budget Act. All project funds not liquidated within these periods will revert unless an executed cooperative Work Agreement extending these dates is requested and is approved by the California Department of Finance per Government Code Section 16304. The exact date of each fund reversion will be reflected in the approved finance letter(s} issued for this project. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement that is not submitted to the Department on or before 60 days after that applicable fixed fund reversion date will not be paid from that fiscal year's encumbered funds because all of these Unexpended funds will be irrevocably reverted by the Department's Division of Accounting on that date. Pursuant to a directive from the State Controller's Office and the Department of Finance, the last date to submit invoices for Program Supplementll-S203R-N01S- ISTEA Page 2 of 4 5-7 ll-SD-O-CHV 02103/2009 SRTSL-5203(024) SPECIAL COVENANTS OR REMARKS reimbursed work in each fiscal year is May 15th in order for payment to be made out of those then current appropriations. Project work performed and invoiced after May 15th will be reimbursed only out of available funding that might be encumbered in the subsequent fiscal year, and then only when those funds are actually allocated and encumbered as authorized by the California Transportation Commission and the Department's Accounting Office. 4. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. 5. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days after the project contract award. A copy of the award package shall also be included with the submittal of the ADMINISTERING AGENCY's first invoice for the construction contract to: Department of Transportation Division of Accounting Local Programs Accounting Branch, MS #33 P. O. Box 942874 Sacramento, CA 94274-0001. Failure to do so will cause a delay in the State processing invoices for the construction phase. Please refer to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. 6. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations, and invoice payments for any on-going or future federal-aid project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. Program Supplementll-S203R-N01S- ISTRA Page 3 of 4 5-8 ll-SD-O-CRY 02/03/2009 SRTSL-5203(024) SPECIAL COVENANTS OR REMARKS ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 7. The Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administrating-Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.) . Program Supplementll-SJ03R-N01S- ISTEA Page 4 of 4 5-9 Caltrans Local Assistance Sort by Callrans District Selected Safe Routes to School Applications in FFYs 2006/07 and 2007/08 (J1 I Caltrans MPO Project Project Location Description of Work Federal No. ProUD Agency District Tvoe' Funds Riverside County Department of Public Heath's (DOPH) Injury Preventive Services (tPS) and its Riverside County 08 SCAG Nt Alvord and Riverside Unified School partners will develop a 2-year comprehensive SRTS $491,580 79 SRTSD50_0046 Districts, City of Riverside. Education and Encourage program for Alvord and Riverside Unified School Districts, in the City of Riverside. San Bemardino A countywide effort to provide safety education, 80 SRTSD50_0004 County Public 08 SCAG NI County-wide. inlormalion and encouragement to initiate SRTS $473,218 Heallh programs in all major districts in the County. Department Installation of a new traffic signai, construction of Oak Gten Road from 5th Street to infill portions of sidewalk, curb and gulter, curb 81 SRTSD08_0026 Yucaipa 08 SCAG I Sunnyside Drive ramps, pavement markers, exisling traffic signal $390,000 modifications and the installation of bike lanes, crosswalks and traffic sians. Intersection of Elm Avenue and Installation of new sidewaiks, curbs. gulters, and 82 SRTSD10_0016 Atwater 10 MCAG I California Street (crossing into Shaffer driveways including gap closures and repairs; ADA $445,500 compliant handicap ramps; and at grade lighted Elementary School). crosswalks. 1. Prepare SRTS maps; 2. Apply Seleclive Traffic Enforcement; 3. Develop Traffic Safety Awareness 83 SRTSD50_0053 Brawley 11 RURAL NI City of Brawley. and Education Programs for students and residents $180,000 of Brawley; 4. Initiale Schoot Crossing Guard Trainina Proorams. Construcl/install an olfset median, bulb outs, setback limillines and other enhanced striping, 84 SRTSD"_0002 Chula Vista 11 SANDAG I Vicinities of Rice Elementary and Otay prominent crosswatk zebra striping, ADA-compliant $621,115 Elementary Schools pedestrian ramps, non-slip sidewalk grating, flashing yellow beacons, and "school zone" warning sions. ...... C) 6n/2007 Page 12 of 14 . I: Infrastructure; NI: Non-Infrastructure. p :\ h i ~ \w RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FEDERAL FUNDS UNDER THE SAFE ROUTES TO SCHOOL PROGRAM IN THE AMOUNT OF $621,115 FOR THE "SAFE ROUTES TO SCHOOL - OTA Y ELEMENTARY AND RICE ELEMENTARY" PROJECT WHEREAS, the California Department of Transportation (CaITrans) administers the Federal Safe Routes to School (SRTS) Program to fund the construction of bicycle and pedestrian safety and traffic calming projects; and WHEREAS, the City ofChula Vista applied for grant funding through the SRTS program to improve pedestrian facilities adjacent to Otay Elementary School and to Rice Elementary School; and WHEREAS, the City of Chula Vista received notification on June 7, 2007 that the grant application had been approved. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept Federal funds under the Safe Routes to School Program in the amount of$62l,115 for the "Safe Routes to School- Otay Elementary and Rice Element~>" Project. .,- Presented by Approved as t fI ~./" Richard A. Hopkins Director of Public Works D 5-11 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL. IMPROVEMENT PROJECT "SAFE ROUTES TO SCHOOL - OTAY ELEMENTARY AND RICE ELEMENTARY" (TF-361) AND APPROPRIATING FUNDS THEREFOR WHEREAS, the California Department of Transportation (CaITrans) administers the Federal Safe Routes to School (SRTS) Program to fund the construction of bicycle and pedestrian safety and traffic calmingprojects; and WHEREAS, the City of Chula Vista applied for grant funding through the SR TS program to improve pedestrian facilities adjacent to Otay Elementary School and to Rice Elementary School; and WHEREAS, the City of Chula Vista received notification on June 7, 2007, that the grant application had been approved; and WHEREAS, the City of Chula Vista has accepted the SRTS Program grant funds in the amount of $621,115 to be applied towards the "Safe Routes to School - Otay Elementary and Rice Elementary Project" (TF-361); and WHEREAS, the project cost estimate of $621, 115 included in the initial grant application did not include significant, unforeseen design challenges that arose during the design process; and WHEREAS, said unforeseen design challenges require an additional $97,000 be appropriated to complete the project; and WHEREAS, City staff recommends that the City establish Capital Improvement Project Fund TF-361 and appropriate $718,115 to the fund [$621,115 from SRTS Program grant funds, and $97,000 from the unencumbered balance of TransNet funds (CHV33)]. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby establish a new Capital Improvement Project "Safe Routes to Schools - Otay ::::::;:;d Rico Elementary S,hool" (IF - 361) and appmp<i'1e funcb tdO' Richard A. Hopkins Director of Public Works 5-12 CITY COUNCIL AGENDA STATEMENT ~\ 'f:. CITY OF ~CHUlAVlsrA 5/12/09, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER THE FOR1\1ATION OF AN ASSESSMENT DISTRICT FOR OXFORD STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS AND DIRECTING THE CITY ENGINEER . PREP ARE AND FILE AN ENGINEER'S REPORT AS REQU E BY LA W DIRECTOR OF PUBLIC WORK CITY MANAGER~ ASSIST ANT CITY 'ANAGER ~J 4/5THS VOTE: YES 0 NO [2S] SUBMITTED BY: REVIEWED BY: SUMMARY Residential properties along Oxford Street between Third Avenue and Alpine Avenue are currently without curbs, gutters and sidewalks. Additionally, the street is deteriorating. The City has received a petition signed by 25 of the 40 property owners of this neighborhood requesting that a special assessment district proceeding be commenced for the purpose of financing the construction of these improvements. . ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a . "Project" as defined under Section 15378(b)(4) of the State CEQA Guidelines because the proposed action involves the creation of a governmental funding mechanism without the commitment to a specific project which may have the potential for 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. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 6-1 5/12/09, Item~ Page 2 of3 DISCUSSION The street being proposed for the Oxford Street Assessment District from Third Avenue to Alpine Avenue is a residential street with an 80-foot wide right-of-way and is located within the Castle Park area of the City. The Castle Park area is generally bounded by Third Avenue to the west, Hilltop Drive to the east, and Naples Street to the north, and Palomar Street to the south. Existing improvements within the proposed Assessment District generally consist of deteriorating asphalt streets with little or no other street improvements. There is no existing curb, gutter or sidewalk improvements. City staff received a petition on February 2009, initiating the formation of an Assessment District for the construction of street improvements along Oxford Street, from Third Avenue to Alpine Avenue. Twenty-five of the forty property owners within the proposed District boundaries were in favor of the district formation. This represents a 62.5 percent approval from the property owners within the proposed district. This petition complies with Section 2804 of the California Streets and Highways Code, as amended by Ordinance 2952, which requires that the petition be signed by more than 60 percent of the properties to be assessed for the installation of the improvements requested by such petition. The City currently has a policy regarding participation in 1913 Block Act proceedings (Council Policy No. 505-01). According to this policy, the City will provide all engineering, inspection and administrative services at no cost to the property owners. It is the City's responsibility to relocate or replace all existing public improvements, which would be in conflict with the new improvements, including utilities, and costs associated with construction of the curb, gutter and sidewalk, and street reconstruction. These costs would not be assessed to the property owners. The property owners would be responsible to pay for all costs associated with the driveway apron construction and any costs associated with the relocation of private improvements (only if private improvements are located in the public right-of-way). Improvements This project consists of the construction of curb, gutter, sidewalk, driveway aprons and street replacement along Oxford Street between Third Avenue and Alpine Avenue. This Action Council is being asked to accept the petition requesting the formation of an assessment district for Oxford Street for the purpose of financing the construction of the described public street improvements. Additionally, to move forward the City Council needs to declare its intention to levy an assessment and to direct the City Engineer to prepare and file with the City Clerk an Engineer's Report as required by Section 10204 of the California Streets and Highways Code. This report will delineate the boundary of the proposed Assessment District, the proposed assessment for each affected parcel, and the anticipated total cost of the improvements. Future Actions After completion of the Engineer's Report, Council will be asked to adopt a Map showing the proposed boundaries of the District and approve the report. Council will also be asked to set a time and place to hold a public hearing to consider the formation of the district and the construction of the improvements. Prior to the public hearing, the residents within the proposed 6-2 5/12/09, Item~ Page 3 of 3 district will be balloted to formally confirm that the necessary level of approval has been maintained. This balloting procedure also needs to be ordered by the Council. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property that is the subject ofthis action. CURRENT FISCAL IMP ACT There are no fiscal impacts associated with action on this resolution. In late 2006, the City obtained approval for a Section 108 loan from the United States Department of Housing and Urban Development CHUD) to fund street improvements in the Castle Park neighborhood. Said Loan will be paid for from the annual Community Development Block Grant allocation. ONGOlNG FISCAL IMPACT None. ATTACHMENTS I. Petition signed by the Oxford Street Property owners Prepared by: Boushra Salem, Senior Civil Engineer, Public Works/Engineering Dept. J. \Ellgineer1A GENDA \CAS2009\05-05-09\Ox[ord AD accepting perl!lan and intentioll.doc 6-3 ..0 ATTACHMENT / . . _ :~: l:.. ;'.,: :~ ,; ~;; ~~ !.-,: ell y IH C;-;!jl.' '-'1ST.'.. E!~GiriE'Ei:'; ij.Tc C'EPT .... Honorable Mayor and Members of the City Council City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 2009 FEB - 3 Ail 10: J 7 Re: Petition Requesting the Initiation of Proceedings to Consider the Formation of an Assessment District to Finance the Costs of Construction of Curb, Gutter, Sidewalk and Street Improvements for Properties Along the North and South sides of Oxford Street between Third Avenue and Alpine Avenue Mayor and Members of the City Council: We are the owners (the "O'''11ers'') of the properties located in the City of Chula Vista (the "City"), which are identified adjacent to our signatures below and are also shown on the map attached to this Petition as Attachment "A" hereto. The Owners respectfully petition the City Council of the City (the "City Council") to initiate proceedings pursuant to the Improvement Act of 1913 (Streets and Highways Code Section 5000 and following) to consider the formation of an assessment district for the purpose of financing the costs of construction of curb, gutter, sidewalk and street improvements along the north and south sides of Oxford Street between Third Avenue and Alpine Avenue (the "Improvements"). The Improvements and the properties proposed to be included within the boundaries of assessment district are also shown on Attachment "A". We understand that if an assessment district is formed, as we have petitioned, the following costs will be assessed against those properties that will receive special benefit from the Improvements: 1. The costs to construct the Improvements; and 2. The costs of the acquisition of additional right-of-way, if any, necessary for the location of the Improvements; and 3. Financing costs related to payment of the above costs over time. We further understand that if the City Council elects to initiate the proceedings to consider the formation of an assessment district as we have petitioned: 1. The record owners of the properties proposed to be assessed will receive notice of a public hearing to be held by the City CounciL At such public hearing, any interested person may present written or oral testimony and the City Council will consider all objections or protests to the proposed assessment. 2. The record owners of the properties proposed to be assessed will also receive an assessment ballot by which such record owners may express their support for or opposition to the proposed assessment. Assessment District 2009-01 Page 1 on January 7,2009 6-4 3. All assessment ballots received by the City prior to the conclusion of the public hearing will be tabulated following the conclusion of such public hearing. The City Council shall have the authority to form the assessment district and levy the proposed assessments OIlly if the assessment ballots submitted in favor of the levy of the proposed assessments exceed the assessment ballots submitted in opposition to such levy. In tabulating the assessment ballots, the assessment ballot for each parcel is weighted by the amount of the assessment proposed to be levied on such parcel. In submitting this petition we are not waiving our right: (a) to testify orally or in writing at the public hearing described above, (b) to object to or protest the levy of the assessments if we do not agree with the amount of the assessment proposed to be levied on our property or (c) to submit an assessment ballot in opposition to the levy of the proposed assessment on our property if we do not agree with the amount of such proposed assessment. Assessment District 1009-0 I Page 1 of7 January 7. 1009 6-5 Th' ft 1 IS pe ItlOn IS respect 11 Y submitted by: Date Signed Name of Property Property Street Signature of Property Address Owner(s) Owner(s) and (printed or tvned) Assessor's Parcel No. ASTROLOGO REMEDIOS LIVING 278 Oxford Street . TRUST 08-11-98 619-171-11-00 - - ESQUIVEL CARLOS 0 & LEOCADIAivI \ ! 98 Del Mar Avenue F AtvIIL Y TRUST 07-16- 619-171-12-00 05 WOLFE NEIL E & 1199 Third A venue BONNIE A TRS 619-171-26-00 r CONTRERAS JOSE 0 264 Oxford Street 619-172-10-00 MATA LEOV ARDO JR 252 Oxford Street 619-172-11-00 PARRA At"!NA M 246 Oxford Street 619-172-12-00 ELBERT MARK A & 240 Oxford Street DESMOl'lD FETUAO 619-172-13-00 I I 1198 Twin Oaks \ JARNIGAN FRANK D A venue I 619-172-14-00 \ \ d 11/ c1 ~ - GONZALEZ JUAN & 230 Oxford Street SONIA 619-181-10-00 - \ !\sstNnelll District 2009-0 I Page 3 of7 J anuury 7. 2009 6-6 Date Signed Name of Property Property Street Signature of Property Address Owner(s) Owner(s) and rinted or tv ed Assessor's Parcel No. \l'L-1\/1 VIERGUTZ RALPH E 222 Oxford Street 619-181-11-00 " '\11\01 VIERGUTZ RALPH E & f- 216 Oxford Street SAL V ACION L 619-181-12-00 \\d-~(nl CRABBE DIANE M ~~tl6. 212 Oxford Street 619-181-13-00 CARBAJAL F AlvIIL Y ~O ~~r 1194 Second Avenue [./n-DL\ TRUST 10-08-92 619-181-14-00 \ \-l1 \.S bt~ 180 Oxford Avenue CABRALES JESUS F 619-182-12-00 CASILLAS ERNESTO 1192 Elm Avenue 619-182-13-00 : \ MEZA HERt'vlELINTIA 184 Oxford A venue ;.., . J M 619-182-24-00 ',', .1 . '-} \ .~ i" ,I' 1195 Second Avenue 619-182-25-00 1- ~,," I 11')/tI'7 RODRIGUEZ JOSE L ,. , RUIZ CARLOS & GUADALUPE 1197 Elm Avenue 619-191-12-00 Ass~ssment District 2009-0 I Page 4 of? January 7,2009 6-7 Date Signed Name of Property Signature of Property Property Street Address Owner(s) Owner(s) and rinted or tv ed) Assessor's Parcel No. ORELLANA F MiIL Y 1192 Elm Avenue TRUST 09-12-98 619-191-13-00 WILSON DAVID R & 267 Oxford Street DIAJ.'\J"A G REVOCABLE 619-221-04-00 TRUST ;' i .jLcm,) "At '. 261 Oxford Street ..1 YiI / SEYDE IRACEIvlA E 619-221-05-00 I , CASTLE PARK 251 Oxford Street , .j ~ . - APARTMENTSLP 619-221-06-00 ...,.,.....J 24/or ELBERT MARK A & 245 Oxford Street { DESMOND FETUAO 619- 221-09-00 ELBERT MARK A & 239 Oxford Street DESM01'<TI FETUAO 619-221-10-00 1(2))07 GARCIA CANDELARIO ~ ':1 231-233 Oxford Street & ROSA M hi-- - 619-221-11-00 i -{'r O~ TRIPLETT KATHLEEN ~11f~~ 229 Oxford Street TR 619-221-12-00 I~ ?-3-cf\ SAAR DONNA J 221-225 Oxford Street 619-221-13-00 Assessment District 2009-01 PageSof7 January 7, 2009 6-8 Date Signed Signature of Property Owner(s) Property Street Address and Assessor's Parcel No. Oi - /7- ()9 PROULX JAivLES T AND GA Y Ai"'lNE L NID PROULX DAVID J 217 Oxford Street 619-221-14-00 SEVILLA YOLAi'\fDA N 207 Oxford Street 619-221-15-00 r:.-,3\r"f1, E: 'I' 205 Oxford Street MEZA JOHN (flo/-- 619-221-16-00 6(-17..,rY1 "(- ELBERT MARK A & 243 Oxford Street DESMOND FETUAO & 619-221-43-00 DESMOND THOMAS L AND ELBERT MAR CASTILLO-MORRISON 247-249 Oxford Street BETTY E 2003 TRUST 12-23-03 AND 619-221-51-00 CASTILLO L 0/ )/7~j ROMERO F MIlLY 195 Oxford Street TRUST 12-13-05 619-231-01-00 0/:21/0 , 187 Oxford Street W~~-Sc6~' SCHERTZER WILLIAM LJ 619-231-05-00 SCHERTZER ALBERT 179 Oxford Street E & MABEL TRUST 10- 619- 231-06-00 19-90 #~fJr ~^ 167 Oxford Street 0) -)'?J -01 DAi'vllA1"\! JU Ai"\! R 619-231-07-00 Assessment District 2009-01 Page6of7 January 7, 2009 6-9 3. All assessment ballots received by the City prior to the conclusion of the public hearing will be tabulated following the conclusion of such public hearing. The City Council shall have the authority to form the assessment district and levy the proposed assessments only if the assessment ballots submitted in favor of the levy of the proposed assessments exceed the assessment ballots submitted in opposition to such levy. In tabulating the assessment ballots, the assessment ballot for each parcel is weighted by the amount of the assessment proposed to be levied on such parcel. In sUQ.mitting this petition we are not waiving our right: (a) to testify orally or in writing at fue public hearing described above, (b) to obj ect to or protest the levy of the assessments if we do not agree with the amount of the assessment proposed to be levied on our property or (c) to submit an assessment ballot in opposition to the levy of the proposed assessment on our property if we do not agree with the amount of such proposed assessment. This petition is respectfully submitted by: Property Street Date Signed Name of Property Signature of Property Address Owner(s) Owner(s) and (minted or typed) Assessor's Parcel No. / - . ) / i$ D..e L MAR tV.-e. ] -)-- 07 ~ s.. R { ~. cJ,t.j d<.{;~ &L. C~ () ~A ~'LLP (C\. ~ 105 0 &&.1./ i v.e.( (;/7/7//200 , Assessment District 2009-01 January 7, 2009 6-10 Tl. I 115 petition is respectfully submitted by: Property Street , i Date Si!!ned Name of Property Si!!nature of Property I \ Address Owner(s) Owner(s) and I I i (Dl.inted or tyoed) Assessor's Parcel No. ASTROLOGO REMEDfOS LIVING 278 Oxford Street TRUST OS-] 1-98 ' 619- I 71-11-00 i f ! \ ESQUIVEL CARLOS 0 : ! 98 Dd ~jar A venue l & LEOCADlA LV! I FAMIL Y TRUST 07-16- 619-171-12-00 \ 05 I 1199 Third A venue i WOLFE NEIL E & I BONNIE A TRS 619-171-26-DO [ ,- ! I 264 Ox ford S ll.eel ! I I I CONTRERAS JOSE 0 619-l 72-1 D-D(J i i I I ; I 252 Oxford Stl.eel i ! MATA LEOVARDO.lR 619-172-11-()() ! I I I I I 246 Ox ford Street I PARRA ANNA M , I 619-\ TJ.-12-00 I /' I ELBERT MARK A & t. /' ..if, ") I //G ~ 240 Ox [01.([ Slreet I f I I DESMOND FETUAO 619-172-1]-I)D I I : I : \ I i 1 198 Twin Oaks i JARNIGAN FRANK 0 Avenue i I I (, 19- I 72 -14-()() ; : I '~ \ i(i1lvc( GONZALEZ JUAN & '... . /' 230 Oxford Street .'.....-:..; i SONIA 6 I 9-\8 I-I 0-00 , L-.. .'\$~;c:;';I1CIH [listricl 2n09-0 I Page J 01' 7 J31111ary 7. ]()()q 6-11 i Date Si2ned -,' '....,. r;--; i//-//-()7 I I br - ! 7 ~ '0 i I I ! N arne of Property OWl1er(s} (nrinted or tyned) PROULX JAMES T AND GAY ANNE L AND PROULX DA VID J SEVILLA YOLANDA N Si211ature of Property Owner(s) ,I ...., )} _ _ ' ~/' ~'oj: J c::.-!-/.rJ,'C-7~ (- ~1,2"-'-" /' \~ ~' !)/\A J'?l0y-'--- (r/~. f) 'ELBERTMARKA&. V . DESMOND FETUAO & ~/~~ DESMOND THOMAS V.' ifJ AND ELBERT MARl Y----. 'CASTILLO-MORRISON BETTY E 2003 TRUST 12-23-03 AND CASTILLO L j I I , I fO/)/7kj 001/07 () ) - 'J?J ..ocr I .r MEZAJOHN \.:~~4 /, '8./~-z I ROMERO FAMILY TRUST 12-13-05 SCHERTZER WILLlAM SCHERTZER ALBERT E 8:. MABEL TRUST 10- 19-90 DAMIAN JUAN R A,scssm"nl District 2009-01 Pag~ 6 of7 Property Street l Address and Assessor's Parcel No. 217 Oxford Street 6 I 9-22 l-14-00 207 Oxford Street 619-221-15-00 l-_I.~"\.t e -J 205 Oxford Street 6 I 9-221-16-00 243 Oxford Street 619-221-43-00 247-249 Oxford Street 6 I 9- 221- 5 1-00 \95 Oxford Street 619-231-0 I-DO ,." (-" . .'+- 187 Oxford Street Ij) .f-0~ Cl./'Z.?-'L .::; Cb'c. ~r: ~J 6 19-23 1-05-00 o "1 /1 rf0- ,", ~.,,~ frr- ( , 6~12 179 Ox ford Street (j I 9-23 1 -06-00 167 Oxford Street 6 \ 9-231-07-00 PropertY Street Date Signed Name of Property Signature of Property Address Owner(s) Owner(s) and (orinted or tvDed) Assessor's Parcel No. J ..;) 7)-09 ESTRADA EUGENIO A ~~ ti &i;? 157-159 Oxford Street & CELLA A TRS 619-231-36-00 GOINS MARLANE 143 Oxford Street LIVING TRUST 06-04- 619-232-01-00 98 GONZALEZ VICENTE 135-141 Oxford Street & ROSA E 619-232-02-00 I'(f} zA NELSON PETER & " ----? 129 Oxford Street LIBERTY '-\ " i 619-232-04-00 QUINLAN PURIFICACION F 127 Oxford Street TRUST 07-20-00 619-232-05-00 (;.1..)........ to: <7-t?"'f".: l(?f "" IllfF'? oJI( l'7c( NEIGHBORHOOD COORDINATOR: ::ruM &cJ2/1) ~2- NAME: ADDRESS: :??O C>~o <:3T. (PI1/) cf7-t? h77~ TELEPHONE NUMBER: J :\Engineer\.-\SS ESSM ENTSIAD 2009-0 I_Oxford Slreel\Pelilion.doc Assessment District 2009-01 Page 7 of7 January 7, 2009 6-13 ATTACHMENT A t j;~' PROPOSED BOUNDARIES ASSESSMENT DISTRICT 2009-01 1913 ACT IMPROVEMENT DISTRICT CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ~v~ ~ OIY Of CHUlA VISfA it; _ m , I ' , I . ._.'._riilJl fB I BT I m II~ eIIl ~~ I!il'lE N.A.P, ~JI[~!; I!m IJlllHl ()) I .... I I ~ m,a ~llL -TI:""I~\J.~ m lm "'" -l m I m ~ II ~I :..J.. I I I cL._L.l L L.L _ L .j:o ! ~ I HUlEllY crnl1FY WAT TIlE \\IWIN ~IJ' S1iO\\lNG PRa'OSEll BOONDAlllES Of TIlE ASSl:SSIlElH ViSlRICT, CHY Of owu. "511., COONIY Of SAN DIEGO. SlATE Of CAUfORllIA WAS IJ'PRO;rn BY WE aIY COUNaL Of 1HE aIY AT A REGUlAJI UEElINO TIIEREOf. HElD ONlHE_OAY Of ,2000 BY RESOlUTION HO. FlUD lHJ5_0AY Of . 200B, IN BOO( AT PAG( _Of ~IJ' Of AS5E~ElH Vi5lRtCrs III lHE OfflO( Of lHE COUNIY RECORDER Of lHE COUNTY Of SAN OIECO. STATE Of CAUfORNIA. LEGEND; I I AREA Of llIPftO'<9lEHTS RNAL ASSE:SSUEHT DI5mlCT BOUNDARY NOI A PART Of DISTRICT COUNTY RECORorn. COUNTY Of SAN DIECO OTY CUl1K, aTY Of CHUU. >ISlA N.A.P. REfERENG( 15 HEREllY WADE TO TIlE COUNTY Of SAN OIEOO, STAlE Of CAUFDRHIA ASSl:SSOO PARCU MAPS foo DETAILED ViwrnSlON5 Of INOl"OUAL PARca5. fllID IN 1HE 0ffl0( Of TIlE an Cl.ERK Of WE an Of CHUU. ,,51A lHJ5_0AY Of , 2008. an a...DU<. eTY Cf" QIULA \1STA 0725-10A007-01 W.O, NO. SlU05 -,. RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER THE FORMATION OF AN ASSESSMENT DISTRICT FOR OXFORD STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS AND DIRECTING THE CITY ENGINEER TO PREPARE AND FILE AN ENGINEER'S REPORT AS REQUIRED BY LAW WHEREAS, residential properties along Oxford Street between Third A venue and Alpine Avenue are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 25 of the 40 residents of this neighborhood requesting the initiation of proceedings to consider the formation of an assessment district to finance the construction of these improvements; and WHEREAS, the boundary of the proposed assessment district is Oxford Street between Third Avenue and Alpine A venue; and WHEREAS, the. project -consists of the construction of curb, gutter, sidewalk and driveway aprons and the replacement of the pavement within the proposed assessment district boundaries; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: 1. That it accepts a petition requesting the initiation of proceedings to consider the formation of an assessment district to finance the construction of curb, gutter, sidewalk and driveway aprons and to replace the pavement within the proposed assessment district boundaries. 2. That it declares its intention to initiate proceedings to consider the formation of an assessment district to finance the construction of curb, gutter, sidewalk and driveway aprons and to replace the pavement within the proposed assessment district boundaries. 3. That it refers the proposed construction of curb, gutter, sidewalk and driveway aprons and replacement of the pavement within the proposed assessment district boundaries to the City Engineer and directs the City Engineer to prepare or to cause to be prepared an Engineer's Report in conformance with California Constitution Article XIII D 9 4 and the 6-15 Municipal Improvement Act of 1913, California Streets and Highways Code section 10000 et seq. Presented by /} art C. Miesf~ld Interim City Attorney Richard A. Hopkins Director of Engineering H:IENGINEERIRESOSIResos2009\05-05-0910xjord Accept Petition and Declare Intention.doc 6-16 CITY COUNCIL & REDEVELOPMENT AGENCY AGENDA STATEMENT ~~tc- CITY OF ~ CHULA VJSTA MA Y 12, 2009, Item~ SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE ACCOUNTING FIRM OF CAPORICCI AND LARSON, CPAs TO PROVIDE AUDITING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXERCISE TWO ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT DIRECTOR OF F~A.. CE/TREASURER~ CITY MANAGE ASSIST ANT CITY ANAGER ~ 1 ITEM TITLE: 4/5THS VOTE: YES D NO 0 SUMMARY Section 1017 of the Chula Vista Charter requires an annual independent audit of the City. The current three-year agreement with Macias, Gini & O'Connell, LLP terminated with completion of the June 30, 2008 audit report. A Request for Proposals to provide auditing services for the City and Redevelopment Agency was issued February 23,2009 and closed on April 2, 2009. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has detennined that this policy is not a "Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines; therefore, pursuant to Section I5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The Finance Department followed Municipal Code 2.56, Ordinance No. 2517 and Council Policy No. 102-05 in the consultant services selection process. The Request for Proposal (RFP) 7-1 MAY 12, 2009, Item~ Page 2 of3 to audit the financial transactions of the City of Chula Vista and Redevelopment Agency was advertised in the Star News, The San Diego Union-Tribune and posted electronically on PlanetBids.Com, a web-based vendor and bid management system that is widely used by other local agencies. Seven proposals were received and evaluated by the Selection Committee based on the following criteria: A. Organization, size, and structure of the audit firm. B. Qualifications and experience of staff to be assigned to the City's audit. C. Audit firm's understanding of the work to b~ performed and comprehensiveness of audit work plan. D. Cost. RFP Evaluation Results Caporicci & Larson RAMS CPA Lance, Soli & Lunghard 74.8 63.8 62.2 20 15 10 94.8 78.8 72.2 $ 61,050 $ 76,290 $ 83,280 The table above displays the results of the Audit Selection Committee's scoring for the top three proposers. Caporicci & Larson had the highest technical total score of 74.8. When including additional points for their low bid of $61,050 the total score equaled 94.8 points. The City's current auditor Macias, Gini & O'Connell bid $105,000 (fiscal year 2007-08 audit cost was $90,000). Caporicci & Larson's bid for the initial year includes a first year discount of $36,000. In their proposal, C&L offer a unique personalized approach to auditing the City not offered by the other proposers. While most of the firms would assign as many as three partners to the audit, only C&L would have the engagement partner actually be on-site during their fieldwork coordinating the audit process, supervising the audit staff, gaining a hands-on understanding of City processes and benefiting the City with their broad municipal experience. In addition to that valuable benefit C&L offers what it terms "No Fee" Services. Caporicci & Larson will provide services at no additional cost to the City that include: .. Providing 30 hours of professional staff time each year to perform other services that do not conflict with the U.S. Government Accounting Office's independence standards. .. Providing communication and routine advisory services because C&L believes these activities are part of the audit services. o Preparing the Data collection form for Reporting Audits of States, Local Governments and Non-Profit Organizations. .. Preparing the City's annual GANN Appropriation Limit Report. 7-2 MA Y 12, 2009, Item~ Page 3 of3 As discussed above, the primary basis of the ratings was the proposing firms technical competence. After the technical scores were compiled additional points were awarded based on the price of the proposal. Based on this the selection committee recommends the contract for Audit Services be awarded to C&L because they are the most technically responsive bidder and the lowest bidder. About Caporicci and Larson, CP As The accounting firm of Caporicci & Larson, C.P.A.s, formed in 1989, provides a full range of accounting services to governmental agencies, health care facilities, non-profit organizations, and private sector organizations throughout California. With offices in Irvine, Oakland, Sacramento, and San Diego and a staff of 42 audit professionals the firm serves a variety of cities throughout California. The firm lists several clients locally, which include the Cities of La Mesa, Oceanside, Poway and Vista. Other local agencies include San Diego Metropolitan Transit System, SANDAG and the San Diego Community College District. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. CURRENT YEAR FISCAL IMP ACT There is no fiscal impact to the current fiscal year. An appropriation for the audit will be included in the fiscal year 2009-10 budget. ONGOING FISCAL IMPACT The cost of the audit for the fiscal year ending June 30, 2009, will be $61,050 (compared to $90,000 last audit). Not-to-exceed fees for fiscal year ending June 30,2010 and June 30, 2011 will be $101,903 and $106,998 respectively. ATTACHMENTS Two-Party Agreement with Caporicci & Larson, CP As Prepared by: Phillip Davis, Assistant Director, Finance 7-3 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE ACCOUNTING FIRM OF CAPORICCI AND LARSON, CPAs TO PROVIDE AUDITING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXERCISE TWO ONE-YEAR OPTIONS TO EXTEND THE AGREEMENT WHEREAS, section 1017 of the Chula Vista Charter requires an annual independent audit of the City; and WHEREAS, the current three-year Agreement with Macias, Gini & O'Connell, LLP terminated with completion of the June 30, 2008, audit report; and WHEREAS, a Request for Proposal ("RFP") to provide auditing services for the City and Redevelopment Agency was issued February 23,2009, and closed on April 2, 2009; and WHEREAS, the Finance Department followed Municipal Code 2.56, Ordinance No. 2517 and Council Policy No. 102-05 in the consultant services selection process; and WHEREAS, the RFP to audit the financial transactions of the City of Chula Vista and Redevelopment Agency was advertised in the Star News, San Diego Union and posted electronically on PlanetBids, a web-based vendor and bid management system widely used by other local agencies; and WHEREAS, seven proposals were received and evaluated by the Selection Committee based on the following criteria: A. Organization, size, and structure of the audit firm; B. Qualitications and experience of staff to be assigned to the City's audit; C. Audit firm's understanding of the work to be performed and comprehensiveness of audit work plan; and D. Cost; and WHEREAS, the City's previous auditors, Caporicci and Larson, CPAs ("C&L") had the highest total score when including additional points for their low bid of $61,050; and WHEREAS, in their proposal, C&L offered a unique personalized approach to auditing the City, not offered by the other proposers; and WHEREAS, while the cost of the service IS Important, pncmg is indeed a secondary concern, and Call's bid for the initial year includes a first year discount of $36,000; and WHEREAS, the Selection Committee recommends the contract for audit serVIces be awarded to C&L because they are the most technically responsive and lowest bidder. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Agreement with the accounting firm of Caporicci and Larson, CP As to provide auditing services, and authorize the Mayor to execute said Agreement. 7-4 Resolution No. 2009- Page 2 Presented by Maria Kachadoorian Director of Finance Approved as to form by /~~~ r"~ e", t;>FPU7'( Bart C. Miesfel . City Attorney 7-5 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ?c::~...~./ ~ Df:PU7tj Bart C.eliiesfeld City Attorney Dated: ,Iv'? Ii '-, (;, / "2&0 VI , Agreement between the City of Chula Vista and And Caporicci & Larson, CPA's for Auditing Services 7-6 Agreement between City of Chula Vista and the Redevelopment Agency of the City of Chula Vista and Caporicci & Larson for Auditing Services This agreement ("Agreement"), dated May 12, 2009 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph I, is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, Section 1017 of the City Charter requires the City council to appoint an independent auditor to audit the annual financial statements of the City and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; Page I 7-7 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all ofthe services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set fmih in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option ofthe City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, hom time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services [n addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set fmih in the "Rate Schedule" in Exhibit A, Paragraph IO(e), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. Page 2 7-8 F. Insurance Consultant must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance ofthe work under the contract and the results of that work by the Consultant, his agents, representatives, employees or subcontractQrs and provide documentation of same prior to commencement of work. The insurance must be maintained for the duration of the contract. Minimum Scope ofInsurance Coverage must be at least as broad as: (1) Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001). (2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). (3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (4) Professional Liability or Errors & Omissions Liability insurance appropriate to the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to include contractual liability. Minimum Limits ofInsurance Contractor must maintain limits no less than: 1. General Liability: (Including operations, products and completed operations, as applicable) 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: 4. Professional Liability or Errors & Omissions Liability: $1,000,000 per occurrence for bodily injury, personal injury and propelty damage. If Commercial General Liability insurance with a general aggregate lim it is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee $1,000,000 each occurrence Deductibles and Self-Insured Retentions Page 3 7-9 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer will reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or the Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: (1) The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insured's with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf ofthe Consultant, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including providing materials, parts or equipment furnished in connection with such work or operations. The general liability additional insured coverage must be provided in the form of an endorsement to the contractor's insurance using ISO CG 20 I 0 (11/85) or its equivalent. Specifically, the endorsement must not exclude Products/Completed Operations coverage. (2) The Consultant's General Liability insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance of the contractor and in no way relieves the contractor fi'om its responsibility to provide insurance. (3) The insurance policy required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt requested. (4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnifY the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required policy providing coverage during the life of this contract. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are written on a claims-made form: (1) The "Retro Date" must be shown, and must be before the date of the contract or the beginning of the contract work. (2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. Page 4 7-10 (3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (4) A copy ofthe claims reporting requirements must be submitted to the City for review. Acceptability of Insurers Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may be made for the State Compensation Fund when not specifically rated. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the contract requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. Subcontractors Consultants must include all sub consultants as insured's under its policies or furnish separate certificates and endorsements for each sub consultant. All coverage for sub consultants are subject to all of the requirements included in these specifications. G. Security for Performance (I) Performance Bond In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fllls.treas.!!.ov/c570. and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the Page 5 7-11 limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Exhibit A, Paragraph 18. (2) Letter of Credit In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an ilTevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach ofthe terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Exhibit A, Paragraph 18. (3) Other Security In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. H. Business License Consultant agrees to obtain a business license fi'om the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term ofthe agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 9, and with the further understanding that delay in the provision ofthese materials beyond thirty (30) days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's perfol1nance of this agreement. (' B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 17, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set f011h Page 6 7-12 in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 11. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to pennit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17(C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term This Agreement shall terminate at the end of City ofChula Vista Fiscal Year 2010-11, unless the Agreement is extended at the solediscretion of the City. If the City opts to extend the Agreement, it shall give the Consultant written notice of its intent of the extension within 30 days of the conclusion of the prior year's audit. The City Manager shall have the authority to approve the extension of this Agreement for two one-year terms. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the Consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 13 ("Liquidated Damages Rate"). Time extensions for delays beyond the Consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant Page 7 7-13 A. Consultant is Designated as an FPPC Filer If Consultant is designated on Exhibit A, Paragraph 14, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 14 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant lmows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the tenn is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's lmowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's that may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. Page 8 7-14 Consultant nlrther warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for twelve months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any pmiy to this Agreement, or for any third party that may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willftI! misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willfttl misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects, landscape architects, surveyors and engineers), the following indemnification provisions should be utilized: (1) Indemnification and Hold Harmless Agreement Page 9 7-15 With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions ofthe City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third pmiy. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willfi.J1 misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. (2) Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, that arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant and its agents in the performance of services under this agreement, but this indemnity does not apply liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willfi.lI misconduct or defects in design by City or the agents, servants, or independent contractors who are directly responsible to City, or arising from the active negligence of City. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. L1 that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant Page 10 7-16 shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished City Original Documents and other materials described hereinabove shall be returned to City and the Redevelopment Agency, as it's sole and exclusive property, except all working papers which will be retained by Consultant. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set fOlih herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of City. City hereby consents to the assignment of the pOliions of the Defined Services identified in Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City, except for all audit workpapers which remain the property of the consultant. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, Page II 7-17 social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms ofthis Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to ajudgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be Page 12 7-18 deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or celiified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the paJiy against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and paJiy hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City ofChula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. (End of page. Next page is signature page.) Page 13 7-19 Signature Page to Agreement between City ofChula Vista and Caporicci & Larson for Auditing Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: City ofChu]a Vista By: Cheryl Cox, Mayor Dated: Redevelopment Agency of the City of Chula Vista By: James Sandoval, Executive Director Attest: Donna Norris, City Clerk Approved as to form: Bart Miesfeld, City Attorney Dated: capo~ciCCi & ~~W"-l L~ By: -......... S ephen L. Larson, Sr. Paliner Exhibit List to Agreement (X) Exhibit A. Page 14 7-20 Exhibit A to Agreement between City ofChula Vista and Caporicci & Larson 1. Effective Date of Agreement: May 12,2009 2. City-Related Entity: (X) City ofChula Vista, a municipal chaliered corporation of the State of California (X) Redevelopment Agency of the City ofChula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: , a [insert business form] ("City") 3. Place of Business for City: City ofChula Vista 276 Fourth Avenue Chula Vista, CA 9] 91 0 4. Consultant: Caporicci & Larson 5. Business Form of Consultant: ( ) Sole Proprietorship (X) Partnership ( ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 9 Corporate Park, Suite 100 Irvine, California 92606 Voice Phone: (877) 862-2200, ext 125 Fa" Phone: (866) 436-0927 Page IS 7-21 7. General Duties: A. Scope of Work to be performed The audit examination should not include a detailed audit of all of the transactions recorded in the accounts ofthe City, unless otherwise herein specified, but will be based upon tests of accounting records and other suppOliing evidence for selected periods during the fiscal year under review sufficient to enable the contracting independent auditor to express an informed written opinion on: 1. The financial position of the various nmds of the City. 2. The propriety of accounting principles followed. 3. Compliance with applicable laws. 4. The financial accountability of officers and employees. Organizations to be Audited: i. City of Chula Vista ( the "City") ll. Redevelopment Agency of the City ofChula Vista (RDA) lll. City of Chula Vista Public Financing Authority (pF A) Additional Special Audits and Services i. Financial and compliance audits required by the Single Audit Act of 1996. ll. Independent Accountant's Report on Agreed-Upon Procedures Applied to the Appropriations Limit Schedule. 111. Transient Occupancy Tax revenues relating to a sample of 5-7 motels and hotels in the City. B. Auditing Standards To Be Followed The contracting independent auditor shall review the financial records and all the various funds of the city and prepare all the financial statements in conformance with generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants, the standards for financial audits set forth in the U.S. General Accounting Office's Goveml11e/lt AlIa'il1iw Stolldords (2003), the provisions of the Single Audit Act of 1996 and the provisions of U.S. Office of Management and Budget (OMB) Circular A-133, Allm/s o/'JI'ote, Locol Goverlll1lellts OIIc1IVoll-/'ro/'it Orgol7lzoticJ!1s. C. Reports to be Issued Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue: 1. A report on the fair presentation of the financial statements in conformity with generally accepted accounting principles for all entities listed above. 2. A report on compliance and on the internal control over financial reporting based on an audit of financial statements performed in accordance with Government Auditing Standards. (Single Audit). 3. A report on compliance with requirements applicable to each major program and internal control over compliance in accordance with OMB Circular A-133 (Single Audit). 4. A schedule of findings and questioned costs (Single Audit). Page 16 7-22 5. A report on compliance (including the provisIons contained in the guidelines for compliance audits of redevelopment agencies) and on the internal control over . financial reporting based on an audit of financial statements performed in accordance with Government Auditing Standards. (RDA). 6. In the required reports on internal controls the auditor shall communicate any repOliable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure which could adversely affect the organization's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. Non-reportable conditions discovered by the auditors shall be reported in a separate letter to management, which shall be referred to in the reports on internal controls. The reports on compliance shall include all instances of noncompliance. Auditors shall be required to make an immediate written report of all ilTegularities and illegal acts or indications of illegal acts of which they become aware to the Audit Committee of the City of Chula Vista, City Council, City Manager, City Attorney and Director of Finance. 8. Scope of Work and Schedule: A. Detailed Scope of Work: 1. Budget In accordance with provisions of the Charter of the City ofChula Vista, it is the duty of the City Manager to prepare and submit to the Council the annual budget and such reports as may be required by that body. The outside auditor shall examine the final budget document (http://w\Vw.chulavistaca.e:ov/) as approved by the City Council and compare the estimated revenues and appropriations as shown in the budget document with the entries recorded on the revenue ledger and the appropriation ledger maintained by the Finance Department. 2. Funds The auditor shall examine the City Chmier, ordinances or resolutions, and minutes of the City Council pertaining to all funds of the City to determine the purpose of each fund and the proper disposition of all fimds revenues, expenditures, and year- end balances. The auditor shall examine the various n.lIld transactions and balances in each fund and prepare the appropriate fmancial statements for the audit report. 3. Verification of Cash and Securities a. Cash and Checks: The auditor shall count all cash and checks in the Finance Department as of June 30. The auditor shall subsequently be satisfied that all Page 17 7-23 items counted and verified are deposited in the City's depository bank. Investment securities owned by the City and held in safekeeping by the City's various banks and financial institutions shall be verified as to their existence as of June 30. Written confirmation shall be obtained from all City depositories of balance on hand at June 30. b. Surprise Cash Counts: The auditor shall make, during the year, at least two surprise cash counts of the funds in the Finance Depaliment in cooperation with staff members. c. Collateral Pledged for Funds on Deposit: The auditor shall examine the records of pledged collateral and make such tests of depository bank pooled collateral operations as may be necessary to express an opinion as to the legal sufficiency of the collateral to safeguard the City of Chula Vista's bank deposits. d. Accounting Records: The auditor shall examine the City's internal accounting and administrative controls to determine that accounting procedures are adequate to safeguard assets and provide reasonable assurance of proper recording of financial transactions. 4. Assets a. Cash arid Investments: Treasury and investment operations are the responsibility of the Finance Department. The auditors shall verify the cash balances and the existence of the investments. The investments market value shall be reviewed and compared to book value. The auditor shall review balances as of June 30 and investments earnings recorded during the fiscal year. The footnote disclosure shall be in compliance with GASB 31 and 40. b. Fixed Assets: The auditor shall examine the procedures for recording the acquisition of and the disposal of property owned by the City. The auditor shall compare the annual inventories of property with the controls maintained by the Finance Department. The auditor shall review the transactions involving fixed assets to the extent necessary to assure that accountability for fixed assets is maintained. 5. Liabilities a. Accounts Payable: The auditor shall make a sufficient examination of accounts payable to enable them to determine that, in general, they bear evidence of verification and approval with supporting documents such as purchase orders, vendor's invoices, receiving reports, transportation bills, contracts and other documents where necessary. The auditor shall also be satisfied that the claims were charged against the proper departmental appropriations and that funds were available at the date the purchase was made. Page 18 7-24 b. Bonded Debt: The auditor shall examine the amount of bonded debt of the City and the outstanding debt determined by the auditor should be reconciled to the accounting records of the City by fund and amount outstanding on June 30. c. Reserves for Uncompleted Purchase Orders and Encumbrances: The auditor shall examine documents supporting reserves for uncompleted purchase orders and encumbrances to determine that such reserves are adequate and properly recorded. d. Other Liabilities and Deferred Credits: The auditor shall be satisfied as to the fairness of the accounts representing other liabilities and deferred credits. 6. Fund Balauces The auditor shall examine revenues and expenditures by funds and analyze the changes in fund balances for the financial statement of each fund in the audit report. 7. Single Audit Act The independent auditor shall perform a financial and compliance audit under the Single Audit Act of 1996. The audit shall be made in accordance with the Slcmeloni5' .fOr Al/eI/1 0/ GOJlern1/Jenlol Orgol11zol/om; Programs, Acl/il/I/es, onel AI/1CI/o/1S, issued by the U.S. General Accounting Office, and the provisions of the U.S. Office of Management and Budget (OMB) Circular A-133, AlIeI/ls t!7 Slale, Local Govel711/Jenls tl/7c1.lVo/l-Prq/i1 OrgOl11zol/CJ/lS. The City has determined that the United States Department of Housing and Urban Development will function as the cognizant agency in accordance with the provisions ofthe Single Audit Act Amendments of 1996 and U.S. Office of Management and Budget (OMB) Circular A-133, Auel/lso/Slole a/ld Locol Governmenls a/lei JVol1-Prq/i1 Orgol1lzol/cJ/1s. The schedule of expenditures of federal award and related auditor's report, as well as the repOlis on the internal controls and compliance are not to be included in the CAFR, but are to be issued separately. 8. Awards The City has obtained the "Certificate of Achievement for Excellence in Financial Reporting" from the Government Finance Officers Association of the United States and Canada for fiscal year ended June 30, 2007 and expects to receive the award for the fiscal year ended June 30, 2008. It is the City's intention to continue to receive the award annually and will expect the Comprehensive Annual Financial Report (CAFR) to meet the requirements of those programs. B. Date for Commencement of Consultant Services: ( X ) Same as Effective Date of Agreement ( ) Other: Page 19 7-25 C. Dates or Time Limits for Delivery of Deliver abIes: Deliverable No. 1: City of Chula Vista CAFR, November 30 for each year audited Deliverable No.2: RDA Financial Statement, November 30 for each year audited Deliverable No.3: Single Audit Report, November 30 for each year audited D. Date for completion of all Consultant services: To be on-going as the City or Redevelopment Agency requires guidance in carrying out their financial and administrative duties but not to exceed more than the completion of each years finished Financial Reports as listed on pages 16 and 17 of this agreement. All services shall be completed by January 31, 2012, unless City exercises its option to extend the agreement for two additional years. Page 20 7-26 9. Materials Required to be Supplied by City to Consultant: The City will prepare the following statements and schedules for the auditor. Additional statements or schedules may be prepared if mutually agreed upon in advance. m General Purpose Financial Statements o Cash and Investments o Cash with Fiscal AgentfTrustee Transactions o Interest Income detail o Operating Transfers/ Residual Equity Transfers o Arbitrage Calculations o Schedule of Fixed Asset Transactions o Compensated Absences o Schedule of Long-term Debt Transactions o Bank Reconciliation o Budget Transfers o Propeliy Tax Schedule o TOT Monthly Revenue by Source o Loans Receivable & Payable o Accounts Receivable & Accounts Payable o Advances Receivable & Payable between Funds o Reconciliation of General Fund & RDA Fund Balances o PERS Summary of Covered Payroll and Contributions m Single Audit Schedule of Federal Financial Assistance (SFFA) . Redevelopment Agency o Balance Sheets o Statement of Revenues and Expenditures o Loans Receivable & Payable o Advances Receivable & Payable between Funds Work Area, Telephones, Photocopying and FAX Machines The City will provide the auditor with reasonable work space, desks and chairs. The auditor will also be provided with access to a telephone line, photocopying machine and FAX machine. 10. Compensation: A. (X) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Page 2 I 7-27 Single Fixed Fee Amount: $61,050 payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee City of Chula Vista Audit Redevelopment Agency Audit Single Audit Transient Occupancy Audit $37,895 $ 6,675 $ 5,880 $10,600 For fiscal years 2009-10 and 2010-11 will be adjusted by the annual change in the Consumer Price Index-All Urban (December-December) and may extend, but not to exceed, a maximum of 5% in anyone year. The fee for fiscal year ending June 30, 20] 0 shall not exceed $101,903; the fee for fiscal year ending June 30, 20] 1 shall not exceed $106,998. In addition, the City Manager shall have the authority to approve the extension ofthis agreement for two one-year terms, at the City's sole discretion. [fthe City extends the Agreement to include fiscal year ending 2012, the associated fee shall not exceed the cost of$106,998 plus a maximum increase of 5%; ifthe City extends the Agreement to include fiscal year ending 2013, the associated fee shall not exceed $112,348 plus a maximum increase of 5%. ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation "for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. Ifthe Phase is satisfactorily completed, the. City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion ofthe Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Page 22 7-28 Phase Work Performed I. 2. 3. Fee for Said Phase ) I. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. ( ) Hourly Rate Arrangement For performance ofthe Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule herein below according to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant oftime and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and Page 23 7-29 approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Category of Employee Partner Manager Senior Rate Schedule Name of Consultant Hourly Rate $ 185.00 $ 165.00 $ 145.00 $ 110.00 $ 75.00 Professional Staff Administrative Staff ) Hourly rates may increase by 6% for services rendered after [month], 20~, if delay in providing services is caused by City. 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( X ) None, the compensation includes all costs. Cost or Rate $ $ $ $ '$ $ $ $ $ $ () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ 12. Contract Administrators: City: Maria Kachadoorian, Director of Finance 276 Fourth Ave, Chula Vista, CA 91910 Consultant: Stephen L. Larson, Senior Partner 9 Corporate Park, Suite 100, Irvine, CA 92606 Page 24 7-30 13. Liquidated Damages Rate: ( ) $ ( ) Other: per day. 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest Code: (X) Not Applicable. Not an FPPC Filer.7 ( ) FPPC Filer ) Category No. 1. Investments and sources of income. ) Category No.2. Interests in real property. ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ) Category No.4. Investments in business entities and sources of income that engage in land development, construction or the acquisition or sale ofreal property. ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 7. If Consultant, in the performance of its services under this agreement: (l) conducts research and an-ives at conclusions with respect to its rendition of information, advice, recommendations or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and (2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendations or counsel, Consultant should not be designated as an FPPC Filer. Page 25 7-31 15. ( ) Consultant is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( X) Monthly ( ) Quarterly ( )Other: At the end of each phase as noted in section 1 Db. Consultant will be paid monthly for the hours worked that month, at the rates reflected in section I D.C., above. However, Consultant will not be paid more than the total amounts reflected in I D.A., above. If the monthly billings are less than the fees in I DA., the Consultant will be paid the balance due for each milestone upon acceptance of the respective final report. B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month (X) End of the Month ( ) Other: C. City's Account Number: 18. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Page 26 7-32 Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: ( ) Retention Amount: $ % Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Page 27 7-33 ..,.,.".,.,..'__<__7....."""'~~.,1>,.'II:.\,;.W~;;;f;." CHULA VISTA HOUSING AUTHORITY AGENDA STATEMENT MAY 12, 2009, Item~ ITEM TITLE: RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR THE LANDINGS II AFFORDAB/~fAPARTMENTS DEPUTY CITY MANAG~DEVELOPMENT SERVICES DIRECTOR CITY MANAG~ 4/5THS VOTE: YES D NO I X I SUBMITTED BY: REVIEWED BY: SUMMARY Chelsea Investment Corporation (CIe) has proposed the development and construction of a 143-unit affordable housing development, known as The Landings II, located at the northwest corner of Discovery Falls Drive and Crossroads Street within the Winding Walk master planned community (the Project). To finance the majority of the costs of the Project, CIC is requesting that the Housing Authority consider the issuance of a maximum of $42 million in tax exempt obligations. ENVIRONMENT AL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in previously adopted Final Second Tier Environmental Impact Report, EIR '01-02. Thus, no further CEQA review or documentation is necessary. Additionally, the Environmental Review Coordinator has reviewed the proposed project for compliance with the National Environmental Policy Act (NEP A) due to the use of federal funds, and has determined that the proposed project was adequately covered in a previously adopted Environmental Assessment (Project ill M-06- MC-07-0505) and a Finding of No Significant Impact (FONSI) has been prepared pursuant to Title 24, Part 58, Subpart E of the U.S. Department of Housing and Urban Development (Hl.JD) Environmental Guidelines. Thus, no further NEP A environmental review or documentation is necessary. RECOMMENDATION It is recommended that the Housing Authority adopt the resolution regarding its intention to issue tax-exempt obligations for a proposed development of The Landings II affordable apartments. 8-1 MAY 12, 2009, Item~ Page 2 of 5 BOARDS/COMMISSION RECOMMENDA nON On January 28, 2009, the Housing Advisory Commission voted to recommend the development of The Landings II at Winding Walk as an affordable rental community and the conditional approval of HOME funds to assist in its financing. On August 1, 2005, the Design Review Committee (DRC) reviewed and approved the proposed site plans and architectural elevations for the Project. DISCUSSION Background Brookfield Shea Otay, LLC, master developer for Otay Ranch Village 11 (aka Winding Walk), is to provide 207 total affordable units (92 low-income and 115 moderate-income) within its Neighborhood R-19 in satisfaction of its obligations under the City's Balanced Communities Policy of the Housing Element. The Landings apartment development, located on the northeast corner of Eastlake Parkway and Discovery Falls Road, was completed by Chelsea Investment Corporation and provides 92 affordable rental units for lower income households. The remaining balance ofthe affordable housing obligation (115 units) was contemplated as affordable housing for moderate income households. With financing so difficult right now, the project is infeasible for moderate income households. In order to satisfy this obligation and to obtain necessary financing for a project, Brookfield Shea has selected Chelsea Investment Corporation to construct and operate a 1 43-unit rental development affordable for lower income households. The project will be developed on the adjoining lot to the Landings development and is known as The Landings II. CIC is currently in the process of securing financing for the Project and has requested direct financial assistance from the City and that the Housing Authority issue tax exempt bonds. On February 3, 2009, the City Council adopted Resolution No. 2009-019 conditionally approving financial assistance in the amount of $2,400,000 from the HOME Investment Partnership Program to Chelsea Investment Corporation for the development of the Project. To substantially finance the Project, crc will submit an application to California Debt Limit Allocation Committee (CDLAC) on May 22,2009 for an allocation ofthe 2009 state ceiling on private activity bonds for multi-family projects. crc is requesting that the ChuIa Vista Housing Authority be the vehicle for applying for an aggregate amount not to exceed $42 million. At this time, it is requested that the Housing Authority adopt a resolution expressing its preliminary intention to issue bonds. The requested actions are preliminary and do not 8-2 MAY 12, 2009, Item~ Page 3 of 5 commit the Authority to issue the bonds. Such preliminary actions are necessary in order to allow CIC to submit an application to the State bonding authority and to allow them to receive reimbursement out of bond proceeds for costs it incurs leading up to the actual sale of bonds. After submittal of the application, the City Council will be asked to hold a public hearing on the question of whether the Housing Authority should issue tax exempt bonds for the financing of the project and to approve the issuance, sale, and delivery of multi-family housing revenue bonds by the Housing Authority at such time a bond allocation is received. If successful in obtaining a bond commitment from CDLAC, CIC will come back to the Authorityto request final approval for the issuance of the bonds. The Applicant CIC has developed several projects in Chula Vista, primarily in eastern Chula Vista, to satisfy developer inclusionary housing requirements CTeresina Apartments, Rancho Buena Vista Apartments, Villa Serena and The Landings). CIC has developed and financed over 5,100 housing units. The company has a strong and experienced team of professionals. crc has successfully managed low income housing units for over 20 years. The Property The Landings II development will be built within the Winding Walk subdivision of eastern Chula Vista. The low-income units will satisfy the requirements of the City's program for the provision of affordable housing within the Village 11 community. The development will be located at the northwest comer of Discovery Falls Drive and Crossroads Street directly adjacent to the 92-unit Landings development. The Project is a continuation of design and development of the adjacent Landings development and will provide a total of 143-tovvnhome style units, with all units being 3-bedroom and affordable to very low and low income households. Project amenities will be shared with Landings and include a pool, spa, clubhouse, and a tot lot. The Proposal All 143 units will be rented on a rent restricted basis to households whose income is at or below 50-60 percent of the Area Median Income as determined by HUD. This project will provide a balance of housing opportunities and fulfill a need in Chula Vista for large family rental housing, particularly in the neighborhoods east of Interstate 805, as outlined in the City of Chula Vista Housing Element. Income and Rent Restrictions For the bond funding, Section 142 Cd) of the Internal Revenue Services Code requires either a minimum of twenty percent of the rental units in the Project to be available for occupancy by persons or families whose income does not exceed 50 percent of the area median income (AMI) for the San Diego Primary Metropolitan Statistical Area, or alternatively, at least 40 percent of the rental units are required to be available for occupancy by persons or families whose income does not exceed 60 percent of the AMI. 8-3 MA Y 12, 2009, Item~ Page 4 of 5 In each case, the units are to be made available at affordable rents established by the applicable State law. Per the Affordable Housing Agreement for the inclusionary obligation, a minimum of 115 units must be affordable to moderate income households. Due to the financing CIC is pursuing, the Project will include more units and provide rents even lower than what the City requires. 3 Bd/2 Ba 3 Bd/2 Ba MGR Total crc proposes to maintain the income and rent restrictions for The Landings II for a period not less than fifty-five years, exceeding the 30-year term of the bonds. The income and rent restrictions outlined above are to be incorporated into the Regulatory Agreement for the bonds, which will be recorded against the property. Compliance with the income and rent restrictions will be subject annually to a regulatory audit and annual tax credit certification. Compliance with strict property management policies and procedures will ensure that income and rent restrictions will be maintained for the full 55-year compliance period, and will bind all subsequent owners of The Landings II, so that the commitment remains in force regardless of ownership. Proposed Financing of Project Financing and development of The Landings is proposed as a joint private-public partnership. CIC will be using Tax Exempt Multi-Family Revenue Bonds and Low Income Housing Tax Credit financing to support the majority of the estimated $49 million ($345,734 per unit) cost of constructing the project. CIC has requested that the Housing Authority of the City of Chula Vista consider the issuance of up to $42 million in private placement bonds. Final approval of the issuance of the bonds and the related bond documents will be presented to the City and its Housing Authority for approval at such time crc is successful in receiving a commitment from CDLAC for a bond allocation. In conjunction with the bond financing, CIe will apply for approximately $15.3 million in Low Income Housing T3,X Credits. The permanent bond loan and Tax Credits would cover over 65 percent of the estimated cost. The remaining balance is expected to be provided by the City subsidy, other contributions and a deferred developer fee. The City Council on February 3, 2009, conditionally 8-4 MAY 12, 2009, Item~ Page 5 of5 approved $2,400,000 in financial assistance from HOME Investment Partnership funds, to assist 11 units at the very low and/or low income range. Below is a summary of development costs and associated sources. Acquisition & Construction Contingency Permits & Fees 34,074,000 1,150,000 7,200,000 1,400,000 1,300,000 2,500,000 1,816,000 S 49,440,000 Interest/Fees, Financing Costs DesignJEngineering Developer Fees Reserves, Legal, Other TOTAL ESTIMATED COST Permanent Loan (Bond) 17,000,000 Shea Loan (Bond) 12,000,000 Tax Credit Equity 15,300,000 City Loan 2,400,000 Other Contribution 2,000,000 Deferred Developer Fee 740,000 TOTAL SOURCES $ 49,440,000 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet ofthe boundaries ofthe property which is the subject of this action. CURRENT YEAR FISCAL IMPACT Bond financing is a self-supporting program with the owner responsible for the payment of all costs of issuance and other costs and repayment of the bonds. All costs related to the issuance of the bonds will be paid for from bond proceeds or profits. The bonds will be secured by the project and will not constitute a liability to or obligation of the City or Housing Authority. The City of Chula Vista Housing Authority will receive compensation for its services in preparing the bond issuance by charging an origination fee of 1/8 of 1 % of the bond loan, approximately $66,000. ONGOING FISCAL IMPACT Staff costs associated with monitoring compliance of the regulatory restnctlOns and administration of the outstanding bonds will be reimbursed from an annual administrative fee of approximately $21,250 (based upon 1/8 of 1 % of the permanent bond loan) paid to the Housing Authority by the owner. A TT ACHMENTS 1. Locator Map 2. Disclosure Statement Prepared by: Leilani Hines, Principal Project Coordinator, Development Services Department 8-5 Locator Map The Landings II at Winding Walk Attachment 1 8-6 BIRCH R The Landings I & II 2122 Burdock WCZO{ City of Chula Vista Request for Information Affordable Housing Review ATTACHMENT 2 DISCLOSURE STATEMENT Applicant's statement of disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Councilor any appointed board, commission, or committee. (Please Print) The following information must be disciosed: 1. Applicant - List the names and addresses of all persons having a financial interest in the application. Names Address James J. Schmid 5993 Avenida Encinas, Suite 101 Carlsbad, CA 92008 2. Owner - List the names and addresses of all persons having any ownership interest in the property involved. Names Address James J. Schmid 5993 Avenida Encinas, Suite 101 Carlsbad, CA 92008 A to-be-formed limited liability company 5993 Avenida Encinas, Suite 101 Carlsbad, CA 92008 Pacific Southwest Community Development 215 South Highway 101, Suite 104 Corporation Solana Beach, CA 92075 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the shares of the corporation or owning any partnership interest in the partnership. Names Address 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as a trustee or beneficiary of the trust. Names Address Robert W. Laing 215 South Highway 101, #104, Solana Beach, CA Michael Walsh 5650 EI Camino Real, Carlsbad, CA Mario Antonio Reyes 963 B Street, San Luis, AZ Kimberly Collins 720 Heber Avenue, Calexico CA Community Development Housing Division 276 FOUI3TH AVE. CHULA VISTA. CALlFOFgAA]9191 0 . (619) 585-5722. FAX (619) 585 -5698 DISCLOSURE STATEMENT PAGE 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or City Council within the past twelve months? YesO No [8] If yes, please indicate person(s): Person identified as: "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate trust, receiver, syndicate, this and any other county, city municipality, district or other political subdivision, or any other group or combination acting as a unit." NOTE: Attach additional pages as necessary. ;:2- {f-og Date James J. Schmid Print or Type Name /) ! /::2 - ';j- 02/ Date James J. Schmid Print or Type Name Community Development Housing Division 276 FOURTH AVE. CHULA VISTA. CALlFO&I\JI~ 91910. (619) 585-5722. FAX (619) 585 -5698 RESOLUTION NO. 2009- RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS FOR THE LANDINGS II AFFORDABLE APARTMENTS WHEREAS, pursuant to Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of California, as amended (the "Act"), the Housing Authority of the City of Chula Vista (the "Authority") is authorized to issue revenue bonds for the purpose of financing the acquisition, construction, rehabilitation, refinancing or development of multifamily rental housing and for the provision of capital improvements in connection with and determined necessary to the multifamily rental housing; and WHEREAS, Chelsea Investment Corporation, or a limited partnership to be formed by it (herein called the "Borrower"), has requested the Authority to issue and sell multifamily housing revenue bonds (the "Bonds") pursuant to the Act for the purpose of financing the development of 143 affordable units to be located on the northwest corner of Discovery Falls Road and Crossroads Street in Otay Ranch Village 11, in the City ofChula Vista, as identified in Exhibit A hereto (the "Project"); and WHEREAS, as a part of financing the development of the Proj ect, the Authority desires to reimburse the Borrower, but only from Bond proceeds, for expenditures (the "Reimbursement Expenditures") made in connection with the Project within the period from the date 60 days prior to the adoption of this Resolution to the date of issuance of the Bonds; and WHEREAS, Section 1.1 03-8(a)(5) and Section 1.150-2 of the Treasury Regulations require the Authority to declare its reasonable official intent to reimburse prior expenditures for the Project with proceeds of a subsequent tax-exempt borrowing; and WHEREAS, the Authority wishes to declare its intention to authorize the issuance of Bonds for the purpose of financing costs of the Project (including reimbursement of the Reimbursement Expenditures, when so requested by the Borrower upon such terms and conditions as may then be agreed upon by the Authority, the Borrower and the purchaser of the Bonds) in an aggregate principal amount not to exceed $42,000,000, as set forth in Exhibit A; and WHEREAS, Section 146 of the Internal Revenue Code of 1986 limits the amount of multifamily housing mortgage revenue bonds that may be issued in any calendar year by entities within a state and authorizes the governor or the legislature of a state to provide the method of allocation within the state; and WHEREAS, Chapter 11.8 of Division 1 of Title 2 of the California Government Code governs the allocation of the state ceiling among governmental units in the State of California having the authority to issue private activity bonds; and 8-9 Resolution No. 2009- Page 2 WHEREAS, Section 8869.85 of the California Government Code requires a local agency desiring an allocation of the state ceiling to file an application with the California Debt Limit Allocation Committee ("CD LAC") for such allocation, and the Committee has certain policies that are to be satisfied in connection with any such allocation; NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Housing Authority of the City ofChula Vista, as follows: Section 1. Finding and Determinations. (a) The above recitals, and each of them, are true and correct. The Authority hereby determines that it is necessary and desirable to provide financing for the Project (including reimbursement of the Reimbursement Expenditures) by the issuance and sale of Bonds pursuant to the Act in aggregate principal amount not to exceed $42,000,000, as set forth in Exhibit A, subject to authorization of the issuance of the Bonds by resolution of the Authority at a meeting to be held for such purpose. The expected date of issue of the Bonds is within eighteen (18) months of the later of the date the first Reimbursement Expenditure was made and the first date the Project is placed in service and, in no event, later than three years after the date of the first Reimbursement Expenditure. (b) Proceeds of the Bonds to be used to reimburse Project costs are not expected to be used directly or indirectly to pay debt service with respect to any obligation or to be held as a reasonably required reserve or replacement fund with respect to an obligation of the Authority or any entity related in any manner to the Authority, or to reimburse any expenditure that was originally paid with the proceeds of any obligation, or to replace funds that are or will be used in such manner. (c) As of the date hereof, the Authority has a reasonable expectation that the Bonds will be issued to reimburse Project costs. This Resolution is consistent with the budgetary and financial circumstances of the Authority, as of the date hereof. The Bonds will be repaid solely from proceeds of the Bonds and amounts paid by the Borrower. No other moneys are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside by the Authority (or any related party) pursuant to its budget or financial policies to repay the Bonds. . Section 2. Declaration of Official Intent. This resolution is being adopted by the Authority solely for purposes of establishing compliance with the requirements of Section 1.103- 8(a)(5) and Section 1.150-2 of the Treasury Regulations. In such regard, the Authority hereby declares its official intent to use proceeds of indebtedness to reimburse the Reimbursement Expenditures. This action is taken expressly for the purpose of inducing the Borrower to undertake the Project, and nothing contained herein shall be construed to signify that the Project complies with the planning, zoning, subdivision and building laws and ordinances applicable thereto or to suggest that the Authority, the City or any officer or agent of the City will grant any such approval, consent or permit that may be required in connection with the development of the 8-10 Resolution No. 2009- Page 3 Project, or that either the Authority or the City will make any expenditure, incur any indebtedness, or proceed with the financing of the Project. Section 3. Application to CDLAC. The City Manager and/or the program managers of the Authority are hereby authorized and directed to apply to CDLAC for an allocation from the state ceiling of private activity bonds to be issued by the Authority for the Project in an amount not to exceed $42,000,000, and to take any and all other actions as may be necessary or appropriate in connection with such application, including but not limited to the payment of fees, the posting of deposits and the provision of certificates, and any such actions heretofore taken by such officers and program managers are hereby ratified, approved and confirmed. Because the amount of private activity bond allocation is limited, such officers and/or program managers of the Authority are also authorized to resubmit the application to CDLAC one or more times in the event the application is denied by CDLAC. Section 4. adoption. Effective Date. This resolution shall take effect immediately upon its Presented by: Approved as to form by: Gary Halbert, P.E., AICP Deputy City Manager! Development Services Director 8-11 Name: Location: Number of Units: Maximum Bond Amount: EXHIBIT A DESCRIPTION OF PROJECT The Landings II Northwest Comer of Discovery Falls Road and Crossroads Street in Otay Ranch Village 11 143 $42,000,000 8-12 CITY COUNCIL AGENDA STATEMENT ~ CllYOF ~ (HULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 5/12/09, Iteml PUBLIC HEARING ON CHULA VISTA'S PORTION OF THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART A OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART B OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS C. RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF CHULA VISTA APPROVING PART C OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART D OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART E OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATON OF GOVER.J'lMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO O~T !RANSNET FUNDS DIRECTOR OF PUBLIC WORKS . CITY MANAGER ASSISTANT CITY MANAGER 4/5THS VOTE: YES 0 NO 181 9-1 5/12/09, Itern C1 Page 2 of 8 SUMMARY The San Diego Association of Governments (SAl"lDAG) has notified the local agencies that requests for the July 2009 amendment to the Regional Transportation Improvement Program (RTIP) may be submitted beginning April 20, 2009. Signed resolutions must be submitted to SANDAG by June 5, 2009. The City will need to submit a request for amendment in order to add funding for projects that are included in the City's Capital Improvement Program for Fiscal Year 2009-10. . ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed actIVIty, consIstmg of approval to submit a funding request for various Transnet Projects to SANDAG, for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines; therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, once the scope of the individual projects to be funded have been defined, environmental review will be required for each project and the appropriate environmental determination will be made. RECOMMENDA nON Council conduct the public hearing and adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Transnet Historv and Reeulations The voters of San Diego County approved the Transnet Program as Proposition A in November 1987. This proposition enacted a half-cent increase in the countywide sales tax through 2008 to fund specified transportation programs and projects. The intent of Proposition A is to supplement the local funds currently being spent on transit and streets and roads, therefore the Plan includes a maintenance of effort requirement for each agency. Under this maintenance of effort requirement, each local agency receiving revenues must annually maintain, as a minimum, the same level of local discretionary funding expended for streets and roads purposes as was reported in the State Controller's Annual Report of Financial Transactions for Streets and Roads for the fiscal year ended June 30, 1985. One third of the revenues generated by the tax are allocated by SANDAG to the local agencies for local streets and roads purposes. These funds have been distributed to cities annually and programmed by cities into local projects. In November 2004, 67 percent of County voters supported Proposition A, which extends Transnet from 2008 to 2048. It was estimated that the Transnet extension would generate approximately $14 billion per year to be distributed among highways, transit, and local road projects. An estimated $4.48 billion will be allocated to local programs, with $3.950 billion distributed to local agencies based on population and maintained miles of roadway. The Transnet Extension Ordinance states that at least 70 percent of the funds allocated to local agencies for local road projects should be used to fund construction of new or expanded facilities, major rehabilitation and reconstruction of roadways, traffic signalization, transportation infrastructure 9-2 5/12/09, Iteml Page 3 of 8 to support smart growth, capital improvements for transit facilities, and operating support for local shuttle and circulator transit routes. No more than 30 percent of Transnet funds allocated to local agencies for local road projects are expected to be used for local street and road maintenance. However, local agencies may deviate from the 70-30 "rule" if they are able to provide sufficient justification to obtain concurrence from SANDAG. This requirement is a significant change from the way original Transnet funding could be used and requires more stringent implementation and monitoring strategies. The SANDAG Board has subsequently adopted guidelines implementing this policy (Attachment 1). The Maintenance and Non-Congestion Relief category (limited to 30 percent of funding) includes maintenance activities such as pothole repair, seals, traffic signal and lamp replacement, roadway signing and striping and overlays less than one-inch thick. The Congestion Relief category (at least 70 percent of funding) includes pavement reconstruction as well as overlays one-inch thick or greater, grinding and overlay, new sidewalks and roadway drainage improvements for the purpose of reducing significant roadway flooding. This category also includes various traffic operations improvements, such as traffic signal coordination and interconnection, traffic signal upgrades, video surveillance and data collection for performance monitoring purposes. Certain improvements, such as traffic calming measures, pedestrian ramps, street buffer areas (such as landscaped strips), bus stop enhancements and pedestrian traffic signals, are included in the 70 percent category only if they are in Smart Growth areas. SANDAG has identified 15 existing or potential Smart Growth areas within Chula Vista, including several areas within Otay Ranch, as well as the Bayfront, the H Street corridor, Palomar Gateway, Southwestern College and Third Avenue downtown. Agencies are required to provide specific descriptions, locations and limits for all projects within the Congestion Relief Category. With respect to pedestrian and bicycle facilities, SANDAG cites Section 4(E)(3) of the Transnet Ordinance, which states, "All new projects, or major reconstruction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by law from using a given facility or where the cost of including bikeways and walkways would be excessively disproportionate to the need or probable use." This was further elaborated on in Rule 20 of SANDAG Board Policy 31, "Accommodation of Bicyclists and Pedestrians", adopted by the SANDAG Board of Directors on February 22, 2008 (Attachment 2). This rule states that evaluating bicycle and pedestrian accommodation is required for all major reconstruction projects included under Congestion Relief under the 70-30 requirement. The decision not to provide for pedestrian and bicycle facilities in a construction or major reconstruction project must be made for good cause, such as severe topographic or biologic constraints. It further states that cities may use a bicycle or pedestrian master plan adopted by the city council and approved by SANDAG within the last five years to determine the appropriate means of accommodating bicyclists and pedestrians in a given project. Since Chula Vista's Bikeway Master Plan was adopted in January 2005, it qualifies under this provision. A table is included which discusses the level of pedestrian and bicycle accommodation required for various types of streets and transit facilities. However, new projects or major reconstruction projects may not need to include the expected bikeway facility when a suitable route with the appropriate accommodations exists within V.-mile. Agencies are also not required to acquire additional right-of-way to improve pedestrian and bicycle access. Sidewalks are not required to be provided for overlay projects where there are no curb, gutter and drainage facilities and may 9-3 5/12/09, Iteml Page 4 of 8 also be excluded where there are no uses (including bus stops) that would create a need for pedestrian access. Agencies were required to submit their proposed projects for inclusion in the 2008 Regional Transportation Improvement Program (RTIP) by April 23, 2008. The RTIP covered five fiscal years between Fiscal Year 2008-09 through Fiscal Year 2012-13. Council adopted Resolution 2008-110 on April 22, 2008, which approved the submittal of the City's portion of the Transnet Local Street Improvement Program to SANDAG (Attachment 3). The 2008 RTIP was adopted by the SANDAG Board on July 25, 2008 with submittal to the State on August 1, 2008. The next biannual RTIP will be prepared and submitted in 2010. However, at their option, agencies can submit amendments to the RTIP on a quarterly basis. The City has submitted one previous amendment to the 2008 RTIP. On February 17, 2009, the President ofthe United States signed HRl, the American Recovery and Reinvestment Act. This bill included approximately $27.5 billion for highways. Due to the limited turn around time, SANDAG informed the local agencies that their projects should be limited to paving, traffic signal and street improvement projects on Federal Aid Highways (most major streets). On March 3, 2009, Council adopted Resolution 2009-042 (Attachment 4), which approved an amendment to the 2008 RTIP which would allow the City to swap existing funding for Federal funding on the following projects: . TF330: Traffic Signal Modification - Fourth Ave.! Main St., Fourth Ave.! Beyer Blvd.: $450,000 . TF331: Traffic Signal Modification - Third Ave.! Montgomery St.: $300,000 . STL335: Major Pavement Rehabilitation: $10,010,000 On March 27, 2009 the SANDAG Board of Directors met to decide on the method of distribution for the San Diego region's economic stimulus highway funds. SANDAG offered to swap Federal funds for Transnet funds. The City was subsequently informed that $3,360,000 would be the City's share of these funds. Out of this total, City staff therefore submitted $750,000 for the above traffic signal projects and $2,610,000 for pavement rehabilitation for inclusion in Amendment 12. An expanded list of Federal Aid-eligible streets were submitted for recommended overlays/ rehabilitation. Proposed Amendment to 2008 RTIP The proposed amendments to Chula Vista's portion of the 2008 RTIP are shown on the table, "Transnet Allocations 2009-10" (Attachment 5). These additions are in accordance with the Fiscal Year 2009-10 Capital Improvement Program (CIP) for next fiscal year only. Although the amounts shown under RTIP Amendment 12 have already been submitted to SANDAG as part of the ARRA swap, they are included here because they are part of the FY2009-10 CIP. (Note that an additional $20,000 above the ARRA swap amount was included under Traffic Signal and Streetlight Modifications in Amendment 12.) Both the CIP numbers and the SANDAG project numbers (MPO ill) are included. Several projects are listed under "Old Transnet (Cash)" This pertains to funds that the City currently has on hand, either for currently unused allocations to projects through Fiscal Year 2007 -08 (particularly STL335) or unallocated interest on such funds. The other two categories pertain to new Transnet revenues that are anticipated to be allocated to the City during Fiscal 9-4 5/12/09, Item~ Page 5 of 8 Year 2009-10. Based on SANDAG's February 2009 estimate, it is estimated that Chula Vista's share of Transnet revenues will be $4,451,000. Therefore, based on the 70-30 split, it is estimated that $3,120,000 will be available for Congestion Relief projects and $1,331,000 for Maintenance projects. The following new projects are proposed to be added to the 2008 RTIP: 1. Castle Park Sidewalk Improvements: Transnet funding is proposed to be added to several projects that will add street improvements within the Castle Park area through the formation of Assessment Districts and a Section 108 loan. These projects are all part of the Western Chula Vista Infrastmcture Financing Program. The following streets will be included: a. First Avenue, Palomar Street to Naples Street (STL303): $20,000 b. Glenhaven Way to Amy Street (STU04): $10,000 c. Oxford Street from Third Ave. to Alpine Ave. (STU05): $15,000 d. Second Ave. from Naples St. to Palomar St. (STU42): $25,000 2. Industrial Blvd. Bicycle and Pedestrian Facilities: Transnet has been proposed as the matching funds for two bicycle/ pedestrian grant applications for Industrial Blvd. One project will provide bike lanes on both sides and curb, gutter and sidewalk on the east side of Industrial Blvd. from Naples Street to Palomar Street (STL361). SANDAG recommends that the City receive a Smart Growth grant for constmction ofthe pedestrian facilities; the Transnet funding will provide a match of $145,300 for constmction of the bike lanes. The second project involves constmction of bike lanes on Industrial Blvd. from L St. to Palomar St. (STL360). If the City receives a Bicycle Transportation Account (BT A) grant for this project, it will cover most of the cost of the bicycle facilities in STL361, and the City will only need to provide a total Transnet match of $35,355 for both projects. 3. Bikeway Master Plan Update (STL351): In order to be eligible for certain grant funding for the constmction of bicycle facilities, the city must update its Bikeway Master Plan every five years. Since the Bikeway Master Plan was adopted by Council and approved by Council in January 2005, it is time to prepare an update. The City anticipates receiving $150,000 in Transportation Development Act (TDA) funds to pay for the report, as discussed in the Council report for April 28, 2009. The $50,000 in Transnet funds will pay for any additional costs, including staff costs. 4. South Broadway Improvements, Main Street to Citv Line (STM367): This is a new project, which will involve overlay/ reconstmction of Broadway, construction of curb, gutter and sidewalk, and installation of bike lanes. The City will need $500,000 in Transnet funds to begin planning, design and environmental review of this project. 5. Naples St. and Oleander Ave. Cross Gutter (STL359): This is a major signalized intersection that has a cross gutter with steep slopes on each side, which creates a roadway "dip", thus reducing the roadway design speed. The purpose of this project is to reduce the slopes, thereby increasing vehicle safety and reducing congestion at this intersection. This project is therefore classified as "Congestion Relief'. 9-5 5/12/09, Item~ Page 6 of8 6. Emergencv Storm Drain Replacement (DR180): During February through March 2009, corrugated metal pipe (CMP) storm drain failures were discovered at the following locations: . 882 Helix Avenue . 106 EI Capitan Drive . 1188 Neptune Court There is also a location at 1526 Grand Teton Court that has a 7-foot by 7-foot by 10-foot deep sinkhole where concrete storm drain pipe had become displaced. These locations have already been reported to Council in informational items dated February 23 and April 21, 2009. Immediate storm drain replacement in these locations has been undertaken in order to protect life and property. An additional location with failed concrete storm drain pipe has been recently identified in the Poggi Canyon Channel at Rancho Road. Although it does not present an immediate danger, it needs to be repaired prior to the next storm season. The estimated cost for the five high priority locations is $1,200,000. SANDAG staff has stated that we can use Transnet funds for the purpose of making these repairs/ replacement. Additionally, the following are the major ongoing projects that are proposed to receive additional funding through this amendment: 1. North Broadwav Basin Reconstruction (STM354): This project was included in last year's ClP with a $2,178,000 anticipated Federal grant. Since this grant was never received, it is proposed that it be replaced by $2,200,000 in existing Transnet funds previously allocated to STL335. The project includes street reconstruction and construction of drainage facilities on Broadway from D Street to approximately 200 feet north of C Street. 2. Traffic Calming and Pedestrian Safetv: These projects relate to two ongoing City programs: School Zone Traffic Calming (CHV33) and Neighborhood Traffic and Pedestrian Safety (CHV34). Since they did not receive any funding from SANDAG in Fiscal Year 2008-09, they were closed by SANDAG. Proposed Transnet funding and CIP projects include the following: a. Traffic Calming (STL345): $130,000 b. Safe Routes to School, Otay and Rice Elementary Schools (TF361): $97,000 c. Kids Walk and Bike to School (TF362): $100,000 d. Neighborhood Traffic and Pedestrian Safety (TF327): $220,000 3. Pavement Minor Rehabilitation (STL355): Based on the 70-30 split, the Pavement Rehabilitation Program is being split into two parts. This portion includes $450,000 available from the maintenance portion of Transnet. 4. Pavement Maior Rehabilitation (STL354): This includes the portion of the Pavement Rehabilitation Program that includes overlays (one-inch and greater) and reconstruction. Compliance with the American with Disabilities Act (ADA) is required. The available 9-6 5/12/09, Item~ Page 7 of 8 amount for Fiscal Year 2008-09 is $2,020,000. The City is required to provide the locations of the street segments included in this program. Since the exact number of locations in this program will not be certain until the award of the contract, staff has provided SANDAG with a list of the maximum number of locations that may be included as part of RTIP Amendment 12. The streets have been selected in accordance with the priorities established in the City's Pavement Management System for overlays and are included as Attachment 6. The only modification from the previous list is that F Street has been changed from "Broadway to Hilltop Drive" to "Broadway to First Ave.". Due to the need for new/ replacement curb and driveway approaches, it was determined that it would be more cost effective to construct the missing sidewalk on the south side of the street from First Ave. to Hilltop Drive as a separate future project, maybe as an assessment district, that would also include construction of missing improvements on Hilltop Drive. 5. I-80S and Olvmpic Parkway Interchange (STM328) The interchange project was awarded by Council on April 27, 2004. The scope of this project was to widen the existing bridge deck over I-80S and East Orange Ave.! Olympic Parkway. In addition, all four on/off ramps were to be widened as well as local street widening from Melrose Avenue, west of I-80S, to just east of Oleander Avenue. Work on the freeway also added auxiliary lanes, soundwalls and revised landscaping. As part of this project, only the southbound off-ramp at Main Street was on the construction plans. Due to impending redevelopment! development of the Crossing Shopping Center and several auto dealerships, staff was able to obtain approval from Caltrans, FHW A and SANDAG for widening the westbound approach to the northbound on-ramp, the northbound and southbound on-ramps and restriping and signal modifications as part of a construction change order. The work is complete and the project has been closed out. SANDAG is requesting this action in order to close out final accounting for the Transnet fund. No additional funds are needed, it is only for accounting purposes. Staff has evaluated all the projects for compliance with the bicycle and pedestrian regulations. The findings for the pavement projects are shown on Attachment 6. Projects which were not included on the original 2008 RTIP list are shown in bold; the other projects were evaluated last year. The segments on south Broadway from Main St. to Anita St. and Main St. to Faivre St. do not have existing bike facilities, and the segment from Main St. to Faivre St. does not have curb, gutter and sidewalk (which is required for a reconstruction, although not for an overlay). However, since these facilities are planned to be included in the project, no exclusion is requested. The other potential issue pertains to Main St. from D Street to F Street. As with the portion of Broadway from C Street to D Street, which was discussed with last year's agenda statement, there are no bike facilities. Parallel bikeways are located within v,,-mile. No bicycle facility is recommended in the City's approved Bikeway Master Plan, due to the high traffic volumes. Since the decision to provide no additional bicycle facilities is in compliance with the Bikeway Master Plan, no exemption is required. 5/12/09, Iteml Page 8 of 8 The Transnet Extension Ordinance also requires that the City exact from the private sector a minimum of $2000 per new residential unit (EDU), effective July 1,2008, with annual escalation based on the ENR (or similar) Construction Cost Index. These exactions are to pay for the proportional share of funding to improve the Regional Arterial System. Low to moderate income housing units are exempt. The City's Transportation Development Impact Fee has been in place for many years for the area of the City east of 1-805. On March 18, 2008 Council enacted the Western Chula Vista Transportation Development Impact Fee (WTDIF) at the rate of $3243 per EDU. The City is in compliance with these requirements. The WTDIF began to be collected as of May 19, 2008. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that conflicts exist in that Mayor Cox (TF344), Councilmember Castaneda (STL354), Councilmember McCann (STL354, STM328), and Councilmember Ramirez (TF3601, TF360, STL354) have property holdings within 500 feet of the boundaries of the projects which are the subject of this action. These Councilmembers will only vote on the resolution that exclude conflicting projects. CURRENT FISCAL IMPACT There will be no impact to the General Fund. ONGOING FISCAL IMPACT None. ATTACHMENTS I. Transnet Ordinance and Expenditure Plan Implementation Guidelines 2. Rule 21 ofSANDAG Board Policy No. 31 3. Resolution 2008-110 and Transnet Allocation Table 4. Resolution 2009-42 5. Transnet Allocations - FY2009-1 0 6. Recommended Overlays/ Reconstructs Prepared by: Elizabeth Chopp. Senior Civil Engineer. Engineering Dept. M:\Engineer\AGENDA \CAS2009\OS-12-09\RTIP 2009-13 Amendment final.doc 9-8 ATTACHMENT ) TransNet Local Street and Road Program TransNet Ordinance and Expenditure Plan Implementation Guidelines June 23, 2006 The TransNet Ordinance requires that at least 70 percent of the revenues provided for local street and road purposes should be used to fund direct expenditures for facilities contributing to congestion relief. No more than 30 percent of these funds should be used for local street and road maintenance purposes. The required multi-year Regional Transportation Improvement Program (RTIP) project lists submitted by local agencies that are found to be out of compliance with this requirement will not be approved. Local agencies may request an exception to this requirement and must provide justification for such a request as part of its project list submittal. The following table categorizes and lists the more typical types of facilities that are considered to contribute to congestion relief. For other facilities not listed, it must be demonstrated that congestion relief can be obtained before the project can be considered part of the 70 percent Congestion Relief category. Maintenance costs of items listed in the 70 percent Congestion Relief category are eligible under the 30 percent category. Facilities that are not considered to contribute to congestion relief (Items 28-30) are eligible under the 30 percent category. Congestion Relief .; (At I.east 70%) Maintenance and Non-Congestion Relief . . (No more. than 30%) , New or Expanded Facilities 1. New roadways and bridges 2. Roadway and bridge widening 3. Roadway widening for bike lanes Major Rehabilitation and Reconstruction 4. Roadway rehabilitation (grinding and overlay. or new structural pavement, or new overlay 1-inch thick or greater) 5. Roadway realignment 6. Bridge retrofit or replacement 7. Roadway drainage improvements for the purpose of improving capacity-impeding conditions such as significant and frequent roadway flooding 8. New sidewalk or sidewalk widening Traffic Operations 9. Median installation for safety improvement or left. turn movement 10. New traffic signal. passive permissive left turn (PPLT) installation. signal removal for congestion relief reasons, traffic signal upgrades. intersection lighting 11. Traffic signal coordination 12. Traffic signal interconnection 3 9-9 . Lane removal for bike lanes . Pavement overlay (less than 1 inch) . Pot hole repair, chip seal, fog seal. crack seal (except when part of roadway rehabilitation project) . Roadway realignment that does not increase roadway capacity . Bridge replacement for aesthetic purposes . Minor drainage improvements not part of a congestion rei ief project . Stand alone landscaping project of an existing median . Traffic signal replacement, bulb replacement. hardware, software, inductive loop repair Maintenance and Non-Congestion Relief, (No more than 30%) .. . CongestlonRelief (At least 70%) 13. Centrally controlled traffic signal optimization syste m 14. Traffic surveillance or detection system (video) 15. Traffic data collection system for performance monitoring purposes (in pavement detection, radar) Smart Growth-Related Infrastructure' 16. Traffic calming measures 17. Pedestrian ramps 18. Pedestrian traffic signal activation 19. Pedestrian crossings/overcrossings 20. Buffer area between sidewalk and street 21. Pedestrian roadway lighting Light bulb replacement Transit Facilities 22. New bus stops 23. Bus stop enhancements 24. Bus-only lanes . Bus-only lanes that do not provide congestion relief 25. Queuejumper lanes for buses 26. Traffic signal priority measures for buses 27. Transit operational costs for shuttle and circulator routes Non-Congestion Relief 28. Erosion control (unless required as part of a congestion relief project) 29. Landscaping (unless required as part of a congestion relief project) 30. Roadway signing and delineation (unless it is a congestion rei ief project) Note: Staff costs for congestion relief project development (environmental, preliminary engineering, design, right-of-way acquisition, and construction management) are eligible expenditures under the 70 percent category. Staff costs for transportation infrastructure maintenance or traffic operations efforts are eligible under the 30 percent category. Costs for general TransNet fund administration and transportation planning are eligible up to 1 percent of annual revenues. * To receive credit for providing congestion relief under the 70 percent category, smart growth-related infrastructure must be provided in one of the existing or planned (riot potential) seven Regional Comprehensive Plan smart growth land use type characteristic areas: Metropolitan Center, Urban Center, Town Center, Community Center, Transit Corridor, Special Use Center. or Rural Community. Smart growth-related infrastructure built outside of one of the seven types of characteristic areas is eligible under the 30 percent category. 4 9-10 ATTACHMENT ';&- Committee shall be established to select the ITOC members from the list of qualified candidates recommended by the technical screening committee. The Selection Committee is to consist of two members of the County of San Diego Board of Supervisors; the Mayor of the City of San Diego; and a mayor from each of the four subregions. It is the mayors from each of the subregions that are to select from among themselves to sit on the Selection Committee, not the representatives who sit on the Board who may or may not be a mayor. The members of the Selection Committee who are mayors from the subregions shall serve for a period of two years or until the designee no longer holds the office of mayor. At the end of this term, the mayors from the affected subregion(s) shall either inform the Clerk of the SANDAG Board that the same representative is being redesignated or identify the new mayor who they have selected to represent their subregion on the Selection Committee. Rule #21: Accommodation of Bicyclists and Pedestrians Adoption Date: February 22, 2008 Text: Adequate provisions for bicycle and pedestrian travel is determined within the context of the roadway type, its existing and planned surrounding land uses, existing bicycle and pedestrian plans, and current or planned public transit service. When addressing the access needs dictated by land use, the responsible agency must consider demand created by current and expected land uses (as determined by the local general plan) within the useful life of the TransNet project. The table Appropriate Bicycle and Pedestrian Accommodation Measures provides a guide to appropriate accommodation measures for each transportation facility type and land use context. In the table, "urban" means within the urbanized area as defined by U.S. Census Bureau. Appropriate Bicvcle and Pedestrian Accommodation Measures 1 Context/Facility Type Bicycle Measures Pedestrian Measures Urban Highway 0 Required facility type will be 0 Continuous sidewalks and based on the recommendations marked crosswalks through for any regional bikeway freeway i ntercha nges corridors in urban highway where sidewalks exist or alignments developed through are planned on the the 2007 Regional Bicycle Plan. intersecting roadway. Pending completion of this plan, 0 Where new freeway appropriate bicycle construction severs existing accommodation will be pedestrian access, grade developed on a project by project separated pedestrian basis by local and regional crossings with no more authorities in consultation with than 0.3 mile between appropriate stakeholders. crossings. 0 Freeways and freeway interchanges may not eliminate existing bikeways or preclude planned bikeways on local streets and roads. 11 9-11 Appropriate Bicvcle and Pedestrian Accommodation Measures 1 Context/Facility Type Bicycle Measures Pedestrian Measures Transit Project . Bicycle lockers and racks at . Direct sidewalk connections stations sufficient to meet normal between station platforms expected demand and adjacent roadway . Bicycle access to all transit sidewalks vehicles except those providing . Pedestrian crossings where exclusive paratransit service to a new transit way severs the disabled as required by the existing pedestrian Americans with Disabilities Act. access with no more than . Transit priority measures on 0.3 miles between roadways may not prevent bicycle crossi ngs. access. Major Urban Street . Class 2 bike lanes. . Continuous sidewalks or pathways2, both sides of the street with marked crosswalks at traffic controlled intersections. . ADA compliant bus stop landings for existing and planned transit service Urban Collector Street . Class 2 bike lanes . Continuous sidewalks or (design speed >35 mph) pathways2, both sides of the street with marked crosswa I ks at traffic controlled intersections. . ADA compliant bus stop landings for existi ng and planned transit service Urban Collector Street . Shared roadway. Where planned . Continuous sidewalks or (design speed :S 35 mph) average daily motor vehicle pathways2 both sides of the traffic exceeds 6,500, the outside street travel lane should be at least 14 . ADA compliant bus stop feet wide. landings for existing and planned transit service Urban Loca I Street . Shared roadway . Continuous sidewalks or pathways2 both sides of the street . ADA compliant bus stop landings for existing and planned transit service Rural Highway . Minimum 8-foot paved shoulder . ADA compliant bus stop landings for existing bus stops. 12 9-12 Appropriate Bicvcle and Pedestrian Accommodation Measures 1 Context/Facility Type Bicycle Measures Pedestrian Measures Rural Collector Road . Minimum 8-foot paved shoulder . Not required with no fronting uses . Paved or graded walkway consistent with community character on streets with fronting uses. . ADA compliant bus stop landings for existing bus stops. Rural Local Road . Minimum 6-foot paved shoulder . Not required with 85th percentile speeds :s 25 mph . Paved or graded walkway consistent with community character on streets with fronting uses and 85th percentile speeds> 25 mph. . ADA compliant bus stop landings for existing bus stops. 1. Application of these accommodation measures is subject to sound planning and engineering judgment to ensure the facility is reasonable and appropriate within the land use and transportation context of the overall project. 2. Unpaved pathways of decomposed granite or other suitable material that are set back from the roadway where feasible would be considered appropriate only on roads serving areas that are rural in nature. Where a local jurisdiction has a bicycle or pedestrian master plan adopted by the city councilor Board of Supervisors and approved by SANDAG. the local agency may use that plan to determine the appropriate means of accommodating bicyclists and pedestrians in a given project and at a minimum provide the facilities called for in the plan. These plans must be updated and approved no less than every five years to qualify as a means of satisfying this provision. Best Available Standards. All bicycle facilities must be designed to the standards established in the California Highway Design Manual, Chapter 1000. Bicycle parking facilities should conform to the guidelines established in the Regional Bicycle Plan adopted by SANDAG. Shared roadways on collector streets should have a curb lane or curb lane plus shoulder that measures at least 14 feet. Where parallel parking is in place, consideration should be given to installing the shared lane pavement marker. All sidewalks must be designed consistent with the design standards established in the AASHTO Guide for the Planning, Design, and Operation of Pedestrian Facilities, the Department of State Architect's California Access Compliance Reference Manual, and the U.S. Department of Transportations ADA Accessibility Guidelines for Buildings and Facilities (ADAAG). Consistency with the design recommendations in SANDAG's Planning and Designing for Pedestrians is encouraged Bicycle and Pedestrian Accommodation in Reconstruction Projects. Street and road reconstruction is the time to re-evaluate the function of a road and its context, and to reallocate 13 9-13 the right-of-way if appropriate to meet the needs of bicyclists and pedestrians. An agency is not required to acquire additional right of way to improve bicycle and pedestrian access. However. the agency should consider reduced motor vehicle lanes and lane widths, and reduced median widths as a means of providing the appropriate bicycle or pedestrian facility. While such an evaluation is recommended for reconstruction projects of any size. compliance with these guidelines is required for "major" reconstruction projects meeting the definitions established under Rule 18 of SANDAG Board Policy No. 031 regarding the guidelines for implementing the "70/30" requirement. When Provisions for Bicyclists and Pedestrians Accommodation May Be Excluded. Section 4(E)(3) is based on the premise that pedestrians and bicyclists need safe and convenient access to the same destinations as other users of the public right of way. Consequently, those portions of the transportation network where pedestrians and bicyclists need not be accommodated are the exception. and the decision not to provide for them in a construction or major reconstruction project must be made by the responsible agency for good cause such as severe topographic or biological constraints. Any impacts on the roadway's motor vehicle capacity that result from providing for pedestrian and bicycle access would not, in themselves, justify excluding bicycle and pedestrian facilities. However, these impacts and their mitigation costs should be considered in determining if the cost of providing the facilities is disproportionate to the probable use. This provision only requires an agency to provide appropriate bicycle or pedestrian facilities that are within the construction or reconstruction area of the project. Consideration of the provision of sidewalks as part of major rehabilitation roadway projects involving only new pavement overlays of 1-inch thickness or greater (see Rule 18 under Board Policy 031) on streets where sidewalks do not currently exist would only be required if curb. gutter, and related drainage facilities were already in place. The cost of providing for bicycle and pedestrian access can vary significantly relative to the overall project cost. For this reason, specifying a proportional or absolute limit on spending for bicycle or pedestrian improvements relative to probable use would not allow the kind of discretion necessary to make a significant investment in facilities when necessary, or to withhold an investment when the benefits are marginal. Therefore, the decision to exclude accommodations for bicyclist and pedestrians must be a policy-level decision made by the Board or city council based on the body of information about context, cost, and probable use available at the time. Such a decision must be made in the public hearing required by Section 5(A) of the Ordinance. Pedestrian Access. Sidewalks or other walkways may be excluded from a project when it can be demonstrated that there are no uses (including bus stops) that would create demand for pedestrian access. In making this determination. the agency must consider the potential for future demand within the useful life of the project. Access to and from public transit. including crossing improvements. also must be considered and accommodated where there is existing or planned transit service. Bicycle Access. A new project or major reconstruction project may not include the expected bikeway treatment when a suitable parallel route with the appropriate accommodations exists that would require no more than l4-mile total out of direction travel. Procedures for Excluding Accommodations for Pedestrians and Bicyclists from Projects. When an agency determines not to include bicycle or pedestrian accommodations in a project because the cost of doing so would be excessively disproportionate to the need or probable use, the agency must include a notice of that decision in the notice of the public hearing required by 14 9-14 Sections 5(A) and Section 6 of the Ordinance, In submitting the project to SANDAG for inclusion in the TransNet Program of Projects as part of the Regional Transportation Improvement Program (RTIP) process, the agency must notify SANDAG that bicycle and/or pedestrian facilities, as described in Table 1 or in its bicycle or pedestrian master plan, will not be included in the project along with written justification for that decision, The decision and justification is subject to review and comment by SANDAG through the Bicycle-Pedestrian Working Group, which would forward its comments to the SANDAG Transportation Committee, The Independent Taxpayer Oversight Committee also would review and comment on such projects as part of its role in the RTIP process, The Transportation Committee in approving the TransNet Program of Projects must make a finding that the local decision not to provide bicycle or pedestrian facilities is consistent with the provisions of this Ordinance prior to approving the project for funding under the TransNet Program, If this consistency finding is not made, the agency would have the opportunity to revise its fund programming request for consideration in a future RTIP amendment, Effective Implementation. This rule will be effective for projects added to the TransNet Program of Projects subsequent to their adoption by the SANDAG Board of Directors, Within three years of their adoption, the rule will be re-evaluated by SANDAG to ensure they are effectively encouraging provision of a balance transportation network without imposing an excessive cost burden on projects funded under the program, Rule #22: TransNet Extension Ordinance Maintenance of Effort (MOE) base level, implementation guidelines Adoption Date: March 2S, 200S Text: Section S of the Extension Ordinance provides guidelines regarding the MOE base level calculation and implementation, Section S of the Extension Ordinance states the intended purpose of the MOE requirement is to ensure that revenues provided from TransNet be used to augment. not supplant. existing local revenue. Some flexibility in accounting for spikes in expenditures would be consistent with the intent of ensuring that the local agencies do not supplant local funds with TransNet funds, Therefore, one- time expenditures that were a result of "banking" general fund monies and subsequently expending those funds during the base period Fiscal Years 2001 _ 2003 may be isolated and removed so that the MOE is representative of a normal annual spending level, subject to review by the iTOC and approval by the Board of Directors, In addition, the language in Section S of the Extension Ordinance states the MOE will be determined on the basis of "discretionary funds expended for street and road purposes" ,as was reported in the State Controller's Annual Report of Financial Transactions for Streets and Roads," The Extension Ordinance also states "the MOE also shall apply to any local agency discretionary funds being used for the other purposes specified under Section 4," Based on this language, the MOE levels are to be established separately for each category in Section 4 of the Ordinance: major highway and transit congestion relief projects; transit programs to support seniors and disabled persons; specialized transportation services for seniors; monthly transit passes for seniors, disabled, and youth riders; transit operations; local streets and roads; habitat-related mitigation costs of local transportation projects; and the smart growth incentive program, The annual 15 9-15 ATTACHMENT -3 RESOLUTION NO. 2008-110 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF CERTAIN PROJECTS FOR THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM TO THE SAN DIEGO ASSOCLATON OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 WHEREAS, on November 3, 1987, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (Ordinance); and WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego County Transportation Improvement Program Ordinance and Expenditure Plan (04-01) extension (Extension Ordinance); and WHEREAS, the Ordinance and the Extension Ordinance provide that the San Diego Association of Governments (SANDAG), acting as the Regional Transportation Commission, shall approve a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TRANSNET) funds; and WHEREAS, every two years, SANDAG updates the Regional Transportation Improvement Plan (RTIP) and releases new funding projections for the cities within San Diego County; and WHEREAS, on March 18, 2008, pursuant to Ordinances No.3 I 06 through No. 31 10, the City Council adopted the Western Chula Vista Transportation Development Fee (WTDIF) at a rate of $3,243 per Equivalent Development Unit; and WHEREAS, on January 25, 2005, pursuant to Resolution No. 2005-014, the City Council adopted the City's Bikeway Master Plan; and WHEREAS, in January 2008, SANDAG staff acknowledged this Plan as complete, consistent with the 2030 Regional Transportation Plan, and coordinated with other jurisdictions; and WHEREAS, Section 4.E.3 of the Extension Ordinance states that all new projects, or major reconstruction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by law from using a given facility or where the costs of including bikeways and walk"".ays would be excessively disproportionate to the need or probable use; and 9-16 Resolution No. 2008-110 Page 2 WHEREAS, on February 8, 2008, the SANDAG Executive Committee considered a proposed amendment to SANDAG Board Policy 31 to establish guidelines for the implementation of Section 4.E.3 of the Extension Ordinance (Rule 20 Amendment); and WHEREAS, staff believes that the Rule 20 Amendment was adopted by the SANDAG Board based on conversations with SANDAG staff; and WHEREAS, the Rule 20 Amendment states that a local jurisdiction may use a bicycle or pedestrian master plan adopted by the city council and approved by SANDAG to determine the appropriate means of accommodating bicyclists and pedestrians in a given project and at a minimum provide the facilities called for in the plan; and WHEREAS, the Rule 20 Amendment also lists the circumstances when provisions for bicyclists and pedestrians may be excluded; and WHEREAS, the Rule 20 Amendment states that a new project or major reconstruction project may not include the expected bikeway treatment when a suitable parallel route with the appropriate accommodations exists that would require no more than v..-mile total out of direction travel; and WHEREAS, the Rule 20 Amendment states that sidewalks or other walkways may be excluded from a project when it can be demonstrated that there are no uses (including bus stops) that would create demand for pedestrian access and that in making this determination, the agency must consider the potential for future demand within the useful life of the project; and WHEREAS, the Rule 20 Amendment'states that an agency is not required to acquire additional right-of-way to improve bicycle and pedestrian access; and WHEREAS, the Rule 20 Amendment states that the provision of sidewalks for major rehabilitation projects involving only new pavement overlays of one-inch thickness or greater would only be required if curb, gutter, and related drainage facilities were already in place; and WHEREAS, the Rule 20 Amendment states that the agency may consider context, cost, probable use, and severe topographic or biological constraints in its decision not to provide provisions for bicyclists and pedestrians; and WHEREAS, the Rule 20 Amendment states that the procedure for excluding accommodations for pedestrians and bicyclists includes the agency notifying SA.NDAG that bicycle and/or pedestrian facilities will not be included in the project along with written justification for that decision; and WHEREAS, the Rule 20 Amendment states that the decision to exclude accommodations for bicyclists and pedestrians must be made in the public hearing required by Section 5.A of the Extension Ordinance; and 9-17 ..____ h_ _. _..______ _._ Resolution No. 2008-110 Page 3 WHEREAS, the proposed list of projects to be funded by TRANSNET during fiscal years 2008/2009 through 2012/2013 is consistent v"ith the City's existing Capital Improvement Program (CIP) and the proposed changes to the CIP for fiscal year 2008/2009; and WHEREAS, the streets included in the Major Pavement Rehabilitation Program are chosen from the list which was compiled on the basis of the City's Pavement Management System; and WHEREAS, the City Council held a Public Hearing on April 22, 2008, as required by Section 5.A of the Extension Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: I. That it approves the submittal of certain projects for the TRANSNET Local Street Improvement Program to the San Diego Association of Governments for inclusion in the Regional Transportation Improvement Program for fiscal years 2008/2009 through 2012/2013. 2. That it certifies that pursuant to Section 2~C of the Extension Ordinance, no more than 30 percent of its annual TRANSNET revenues shall be spent on maintenance-related projects. 3. That it certifies that, pursuant to Section 8 of the Ex1ension Ordinance, the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the five-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. 4. That it certifies that, pursuant to Section 9.A of the Extension Ordinance, the City will extract at least $2,000 from the private sector for each newly constructed residential housing unit to comply with the provisions of the Regional Transportation Congestion Improvement Program. 5. That it certifies that, pursuant to Section 13 of the Extension Ordinance, a separate Transportation Improvement Account has been established, with earned interest expended only for those purposes for which the funds were allocated. 6. That it certifies that, pursuant to Section 18 of the Extension Ordinance, each project of $250,000 or more will be clearly designated during construction with TRANS:N'ET project funding identification signs. 7. That the City will indemnify, hold harmless and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to local TRANSNET funded projects. 9-18 Resolution No. 2008-110 Page 4 8. That it certifies that, pursuant'to Section 4.E.3 of the Extension Ordinance, all new projects, or major reconstruction projects, funded by TRANSNET revenues shall accommodate travel by pedestrians and bicyclists with the following exceptions, along with the accompanying justification: A. The North Broadway Reconstruction project (STM354) qualifies as a major reconstruction project under the Rule 20 Amendment. Staff intends to exclude the bikeway treatment in the North Broadway Reconstruction project because a parallel route with appropriate accommodations exists on Fifth A venue that would require no more than Yo-mile total out of direction travel. The parallel route on Fifth Avenue is included in the Bikeway Master Plan. 4 B. Because the new overlay project on Main Street from the west I-80S inter- change to Oleander Avenue ""ill be over one inch thick, .the project qualifies as a major rehabilitation project under the Rule 20 Amendment. Staff intends to exclude the bikeway treatment on Main Street from the west I-80S interchange to Oleander Avenue because Main Street, which is currently designated as a Class 3 bike route in the Bikeway Master Plan, crosses the freeway and there is insufficient lane width for a Class 2 bike lane. Staff intends to consider additional bicycle facilities in conjunction with future interchange improvements. C. Because the new overlay project on the north side of East H Street between Terra Nova Drive and Del Rey Boulevard will be over one incb thick, the project qualifies as a major rehabilitation project under the Rule 20 Amendment. Staff intends to exclude sidewalks on the north side of East H Street between Terra Nova Drive and Del Rey Boulevard for the following reasons: (1) due to its location adjacent to the City's Multiple Species Conservation Program area, there are severe topographic and biological constraints; (2) there is insufficient right-of-way; and (3) there is no development adjacent to the project so there is no demand for pedestrian access or the potential for future demand for pedestrian access. D. Because the new overlay project on Wueste Road between Otay Lakes Road and Lake Crest Drive will be over one inch thick, the project qualifies as a major rehabilitation project under the Rule 20 Amendment. Staff intends to exclude sidewalks on Wueste Road between Otay Lakes Road and Lake Crest Drive for the following reasons: (1) it is a two-lane road without existing curb, gutter and drainage facilities; and (2) there is no development adjacent to tbe project so there is no demand for pedestrian access or the potential for future demand for pedestrian access. 9-19 ____ _.__ __.___.________ __ Resolution No. 2008-110 Page 5 E. Because the new overlay project on Broadway from Faivre Street to Beyer Boulevard will be over one inch thick, the project qualifies as a major rehabilitation project under the Rule 20 Amendment. Staff intends to exclude sidewalks on Broadway from Faivre Street to Beyer Boulevard for the following reasons: (1) it is a two-lane road without existing curb, gutter and drainage facilities; (2) there are only industrial facilities adjacent to the project and these uses do not create a demand for pedestrian access or the potential for future demand for pedestrian access; and (3) it is currently being maintained as a Class 3 bike route in accordance with the City's Bikeway Master Plan. 9. That it certifies that all applicable provisions of the Ordinance, the Extension Ordinance, and SANDA G Board Policy 3] have been met. Presented by Approved as to form by ~f'~\\\~~~ . Ann Moore City Attorney 9-20 Resolution No. 2008-110 . Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of April 2008 by the following vote: A YES: Councilmembers: Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Castaneda ABSTAIN: Councilmembers: McCann ATTEST: ~ Cheryl Cox, .; yo AL Ie: ;fo;,kL Donna R. Norris, C;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 hereby certify that the foregoing Resolution No. 2008-110 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of April 2008. Executed this 22nd day of April 2008. ~~ K ffi~ Donna R. Norris, CMC, Interim City Clerk _ ___m__ ___ _ __.9_=2.1..._____ ATTACHMENT 2 TRANSNET ALLOCATION - FY 2009 THROUGH FY 2013 co I N N ,ifimoS'loS'rll Iffi:y,-iO'/lIm:@ IBlIi~~}mol1l~~4 ~""C!\,j;fjm\i:l.V~ &!fi'''''~~''''Il~ ,,,,'v...,A,Wjc.,,,,,,.,^",,,-4~m Ii <'-.', <~,. .""".' , ~dlL~, <<~Ift} < ~Yltji1~1~!It ~" 1'C4:1j2~1!~J, , Estimated Annual Allocation $4,577,000 $4,779,000 $5,028,000 $5,290,000 $5,540,000 Major Pavement Rehabilitation (Overlays) $1,410,000 $3,350,000 $3,525,000 $3,600,000 $3,750,000 Traffic Signal System Optimization (TF350) $150,000 $50,000 $50,000 $50,000 $50,000 1-805, SR54 and Otay Mesa Transportation System Improvements $110,000 $90,000 $90,000 $90,000 $90,000 N, Broadway Reconstruction (STM354) $895,995 Palomar Gateway (STL280) $200,000 1-5/ H Street Interchange Improvements (STM362) $490,000 SUBTOTAL Congestion Relief $3,255,995 $3,490,000 $3,665,000 $3,740,000 $3,890,000 Congestion Relief ('1'1'354) $75,000 $75,000 $75,000 $75,000 $75,000 Sidewalk Installation/ Rehabilitation $100,000 Pedestrian/ Bicycle Master Plans $61,000 I-Iarborside Elementary Pedestrian Improvements $85,000 Minor Pavement Rehabilitatiun Program (Including seals) $600,000 $850,000 $925,000 $1, I 00,000 $1,150,000 Advance Planning Studies (OP202) $45,000 $47,000 $50,000 $52,000 $55,000 Traffic Monitoring Program ('1'1'321 and '1'1'325) $75,000 Urban Core Level of Service Thresholds Study $50,000 Traffic Signing ('1'1'332), Studies and Signal Upgrade $250,000 $55,000 $55,000 $55,000 $55,000 SVBTOT AL Maintenance $1,341,000 $1,027,000 $1,105,000 $1,282,000 $1,335,000 TOTAL $4,596,995 $4,517,000 $4,770,000 $5,022,000 $5,225,000 Prepared 4/8/08 ATTACHMENT 4- RESOLUTION NO. 2009-042 SOLUTION OF THE CITY COUNCIL OF THE CITY OF C ULA VISTA APPROVING THE AMENDMENT TO THE FIScAL YEAR 2008/2009 THROUGH FISCAL YEAR 20 2/2013 SAN DIEGO ASSOCIATION OF GOVERNMENTS GIONAL TRANSPORTATION IMPROVEMENT P OGRAM FOR SUBMITTAL TO CALTRANS AS PART OF T E FEDERAL ECONOMIC RECOVERY (STIMULUS) P OGRAM \Vl1ERE S, the United States House of Representatives and Senate passed HR1, The American Recov ry and Reinvestment Act, on February 13,2009. This bill is also known as the Federal Economi Recovery (Stimulus) Program; and S, the President of the United States signed HRl into law on February 17, WHERE S, the total amount of funding included in the "Highway" portion of the program is appro imately $27.5 billion, with the California portion estimated at $2.6 billion. Federal Highway Administration (FHW A) approval must be obtained within 120 days of the President's signat, e for the first phase of funding; and I WHERE~S, Caltrans and San Diego Association of Governments (SANDAG) informed local agencies on !February 11,2009 that, due to their limited review time, proposed local agency projects should e restricted to paving, traffic signal, and street improvement projects. Additionally, pro osed projects need to be within the current approved five-year Regional Transportation I rovement Program (RTIP); and WHERE S, the City has existing projects in the current RTIP that meet SANDAG and Caltrans criteria d have sufficient local or TransNet funding during the five-year period. These are CHV3~, Traffic Signal Upgrade, and CHV48, Pavement Major Rehabilitation, The City can swap thelexisting funding for the Federal funds. NOW, T~EREFORE' BE IT RESOLVED that the City Council of the City of Chula Vista does hereb approve the amendment to the fiscal year 2008/2009 through fiscal year 2012/2013 SAN AG RTIP for submittal to Caltrans as part of the Federal Economic Recovery (Stimulus) Prograin. ! Presented by Approved as to form by ~ ! ~.-/~ Richard A. op s Public Works Dinbctor i -____L. 9-23 Resolution No. 2009-042 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 3rd day of March 2009 by the following vote: AYES: Councilmem bers: Bensoussan, Castaneda, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: McCann ATTEST: l~49t Cheryl Cox, ay r ~ tf,JY~ Donna R. Norris, C C, CIty Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-042 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 3rd day of March 2009. Executed this 3rd day of March 2009. 4~M~ R ~ALI Donna R. Norris, cMC, City Clerk ~ ~-?4 CD I N CJ1 JRP.J,,~NET J~L-L.Q_CA!!Q~f__E'y' 20Y9-10 ____ .... ____ ____I _ ----__ u___ _1_______ _____u____ ~~j"'i~~~ ..~- . :--lcII'-'-.1 M-".<>'D_._ ",dT'.",o,,1 jC"hL~"",~,,;o;k~,~~oo I~;~",~f..."-- ~::;i~?l:, '~!1;,!;t3~~jj~~':~~~:!!~~~~~=~E~2i~-~-~~+~~===~ !fi~::~:i:~:;::""-~~~~.~~ct=-=~~~@~=== ~::I-=~ ==,===~ ==:=: .:~~0!st~a~~1lfT~ceftJd'c------.I~~~;~F--l~~v~1..(~d) ----------j3L2,68~---------$i45,3061- --- ------- - Industriall3.c. Bjk.:eL~~ne(tol-=_st)_~=1 STl,360-=.c;HVb -==~=--=-=-==:::=----== ==--=---$:3.~355 . ----- -------- ~~i~~j~o~~~a~i~~i~s_;;Ie_ty=__=_:IIII~;~~ JI~y~%t~:~~ ==--=---=-:=~=-_l=-:-~_--=-=_::=-=-::: ==-:~~~~-------=:--:-: ~~~':~~~~::id~:~~~:~u~~~~r I ~~~335594-- ~~V~ 9 ------$2,368;600 _________$~05,OQ~___=_____ --------------= ~~~~~~~~t~~~~~~i:tem--=:-~~~~~~:=-1~~~:: =::===:=---=~=~-I::=- - ~:-~J;~l~~I---:-------- -----~=--~- ;::~]~~~~;J:~~~-:-~~~Ig~:-====;~:I=.===--- i. =. ~;O';=-"'IOO:; Second Ave Imp N-aPles~palomar--i-ISTL3;\2:lcf-lva-------------'--'--'- _n - ------$-25:000 -- --SiaewaIKSafety:-rStreet(see -~ ---- ----- --- - ______n_ ----- ---- --- -- __~Tl:}36, STl347 h!.nds)~ ~TL363 _ CHV1.El..__i--____ _ ________ ___ _____ __ $0 ____ _ S Broadw~yJr:r1Il..Maln St south STM367JgHVd _____ _ ____ _ $50Q,OOOj_ SRTS Otayl Rice Elementary_ ___ T.f.361___ CHV~:3.(old) __ _ ___J~,QQQ ________n ______-= - _ ~- n _ J:raffiCC-a1f11in1L---------~345 CHV33(old) ______ _____ 1__ ____n_ i____ $130,000 ___ ~~:~~ ~~~~: ~~}~~~~~~i~~~;:;::x:. ~~~~~-- g~-q~}- -- --- - ----- -- -- - -)- ----- - ----- - ~~-l ------~--:~~~:~~~ TrafficSignal-&StreetlightMod---. ~ITF366n-CHV35 -- -- - --- ----- - 1--- _n -- --- ---1- - $140,000. $20,000 -----.-----.------------------ ---------[-------.- ---------- .-..---------T----------------------~---.-.---------.--- Traffic Sig.nal S.yst"ITl_QiJ.ti~zaJiol1..._IJ:F]~-O--. CHV39_ __ ... . ... . . $.50,000 ~~~~:il~~n~r~t~~~~Joni~r...--- -~~~~~ - F~~~~ -:= --=-~=~:~ ::=..::-=--:F:=-~~::=----$~~QO(}r=-:-=-$~OO,~~~ ~------::.=:: --.--------.---. ---- .-----.-1-----------1------------....--------.--.----- .- -----r--- --..- ------ - -- ---.- ------------.--- . ---- -- SR54 Corricl()r8,Arteri"ls.______IIE~9___g1\,/43._____I------.. __ _______ ___ ______m_$30]lOClI ____________=______===_____-__ ~~;;:~~~~Tt~i~~f1F<,,'ief-----------i~~;~~ --..+~~0:}-- -----------------..-- --1- -n--------------t=...- ~~~:~~~. ------ RE~~:~~~1~~~~~-~~~..:. =_~~F---~-~--i--~-===--I~-~====---!4~~4~:6~5-1=-====-=~~Ti$5i~~!~$1~3[~,%~-I=- $3, 380,O%g ~ f; ii m ~ U\ RECOMMENDED OVERLA YSI RECONSTRUCTS .'xistillP.'t<'acilitirs Street N:lIl1e -1 hdlli!ia!! llc1!illnine LOl'lllion Endinl! Location nllh~ 21 ACl'Ummod;lIions Uindr l\IUSIll'U Facililv Tvne Prllrstrinn I\IrRslIrn lli.rn.!..t uOHITt\fW CD I N en Shawu roadwuy Iconlinu01l5 sidewalks. (BMP recommends a bike BROADWAY FAIVRE'sf '--SE'i'E"ifsLVD "-'-Majo':--Lj"rb-~'~'s'i;eel" ..... ~'i::)~'2"b;ke~~y'''' . INoi"r';q~i;~d'" ~_._..~--,-_..,..------~----y-_.._----~---_.__.~.--._--- ~~~,~~~-~-~-~=~:.-~~~~~~~__I.^.___----_....~_._-----_.---- BROADWAY MAIN ST FAIVRE ST Major Urban Street Class 2 bikeway (BMP [If there are no curb & gutter, No facilities Curb,gulter and atdewalk on the eut --~~--~---..._-~------------__.___ ~!":2.T_I!'!'~~~!IIJ_!.~I_.I~~~~_I~~~!~_~_~_!!~q~~e~~____ _~_.._,____~.~ ~!.~_e..2~!y__.____~._ BROADWAY ANITA ST MAIN ST Major Urban Street Class 2 bikeway IlContlnuOU5 sidewalks both sides INO facililles Sidewalk both sides (4-L Major) (BMP recommeds a Class 3) .-..................................1..................................................... ........... . ......................................... . . ....... ............... BROADWAY D STREET F STREET Major Urban Street Class 2 bikeway I Continuous sidewalks both sides rNO facililles Sidewalk both sides (4-L Major) IBMP does not recommed :::~:::v..-_. :.::~~::~ER.--.-..- .~::~:i::~.. .. -_.~::~~::~.~~~~... ~~f.~:'::::~:;::.b;:~.. [:~:;~~:~.'::::~:t:~.b~t:.~:,.....:I:t;~, ..-.-......--. (4-L Major) (BMP recommends a bike I I u~:~;~,,/ 1-~~~.~:[~~~~~~f~i~:~M:~~:::.f,~[:t~l;~~:~{i~~~i~.~~~f~l:i~~:.....- ~~}\~~~~;;;[..... ...I~f;~;~:~;1[~:x~~~._~.....=: ..-......1 F.: Ij.ST- Tf:HHANOVA,m~ 1;l:HtJEl.PL: Malu( Ulu.ln StrOlel _ Class 2 bl"eway IConllfHlOlfs si\JewaJ,s . < ~A1~_:'~t~...~,~.~_-~_=_~.-,~?_~.A..s:.[~.=.::.~~.._~.-~.=~~~IL.I.~~~_~_:-~n .....,...........~.~o.~..~r~.~~~~,~.!8T.-.-_~~.=_~_~- ~T.~_~~f~iE~.;~Y... _'-00' '..m.....~.-.~]~~.i.~~.~.~..~~~.~_~_~_i~.~.-.==.=.~.= =_=~_~_=.=.~.~===.==.= ~~_ EASTLAKE 'PW GREENSGATE OR CLUBHOUSE DR Major Urban Street Class 2 bIkeway iContinuous sidewalks ~.6.i~...~f,...'...'~_.:'~_.. . .i_:-~.~:~'t~.~~~~!...~~~.'.~.'.:.. _.:,9.~~~.~.~D.~.~ ."611 _. _~_aj~,~.g~.~~.~_~:~~~L .'.:.. ~.i.~_~~.'.:?_._~~'_~.~\i!i~ 1~?.~!E~~_~~!.'...~i~~.~~~.~~~..=.'..__._______n................ ~~~'it~~i'~'Ci - -2lC-~H6-8~-~n6~ .- i={~}ig:6-~~~~.R ~.:-l:~.ij~~bb:~-~~i;::in ~:;:;..~ ~r~e::;:y 1~~.~i~~:~Js~~r:-:1~j~S..b~t.h-;.id~.;- ~:~~~:.:~sY(!lf~~f:C--~.i~i:~!T~(:i:li~(tE-=.'.'_ ........ {i6FjliX~.~~.~~....~:...=.~=.'..-- ~j~j?.r~~~;!.~~~.~~T: ~.i.~~.~.:L0~~~~~.~i~--~ , :::.....~.:.:=.~=.I ~~.~i!i.~_~_~~_~~..~~.~.~.~~~I.~.=.~.~:_~~.=..~.=.=_~~ MAIN ST OLEANDER AV OELNISO CT Major Urban Street Class 2 bikew..y lContinuous sidewalks both sIdes MAIN ST OElNISO CT ROMA CT ,..... . ~~jo(C%:~nSlr~e-1 Cia's.s'-2nb-ik~~~y.... lc'oni'in~o~'; s-ide~a-ik';' ~:':~~TI;t~. tI~i';~LLR~:=~ ~~i?~:7r~~A1;;;LETiXi!!0,::~:~fff:~~;;t.- ~~?:~::~f~:d" blk, . ~ 1~~~::::~:Iif::::tf=.~::::~:~:~.=:::::::::: TELEGRAPH' CANyo-N'T805F'R'EEwAYRAMP~"~ -^< 'j:aOS.FREEwi\Y'^RAM^P U;:b~-;;Co!iect-;;'- ~.~~~-;;;r;:~ad-;"~y--'--- 'IC,,(;i;-llil~;u-;-;id'~walks~..'--- _._n .._..0,_0.0_._.._.____ --~"-- ..., ---00-------- NA-Plj~-S"S.T---n - 00'00"'''. __n. MELR'cisE AV""'" ---". _00' FOXSORO"s'i- .00...... ""'''00 '--U-~b~~"c~il~'~t~; Shared roadway c~~'I'i~uo~-sn~ide-';':a'ik~bothn~i'de~ Class 3 Sidewalk both aides (g!.<l_~_~_n!LC:::l?_!!.!~t,?rl O!:'tslde..travellane >=14 n I M'ELROSE'AV TELEGRAPH CANYON RD MAIN 5T Urban Collector Shared roadway Contlnuou; sIdewalks boih s~des Class 3 ___n..._n........_..._.................._ . on on . ~~.I.~.~.~...~n~I:).~.~=.~.~~) ADT <6500 .. j _ _ _.._ G ST Urban Collector Shared roadway IConUnuous sidewalks both sides ." '00" 00.00''''''''''''' .4:_1" .I:J~!>~,n .:~,~t!rfa._I) t~a""_~.Ua._n_~ ,?'.7..1,~. ~ . I...... ,,_ 0000.00 n'"_,, ,..., ..__. ,... ......... _00."""'''' ORANGE AV ."h_.._....~~:;~~~~_~~.;.:.~~_~~'- r::~:~:ne >"14 ft jCOnlinUous sidewalks both sides FIRST AV Urban Collector Shared rO~-d~~y._.._._.._nn_-----lc~~ti.~.~~.u-~..sid.e.;.;alk-~..b~th--;id;; -. Ci;-~~'3""'''-''.-''' .... ... .......................---.. (<;:I~.s,.s.JL<:;o!J~.!?!~.rl. 9_u_!_s.!.~,eJr,!!y.~,!..I.<l,n.~.?''''1_.~ .fL_.! ............... n ___00___ 0000 ___ ____0000 .._, ".. ,_....__ ..,_........... .... .... 0000 0000..00....... SECOND AV Urban Collector Shared roadway I Continuous sidewalks both sides No facilities (Class III CoUector)~ 18MP does not recommend I BROADviAY~.--n_-_.~-'FOURTH ~AVE'^V-- ~--,.~- U;ba";;'-C~I;c~~--"~" ~~~r~~:::~;a-y-----~..,,_.^n, .1C;;;ji~--J~-;:..~-;ide~~Ik';b;;th -~id~~'-'--' Noi~ciliti~~~~..-~._.._--' (Class II Collector) _~~~~i.:;~~~t___r_~_~_~:~:~_d___L nn___ ___ 0000____0000 ___ ___ ___".... ".....,.... ,... ,........... u.. .... J ___ _00 n"'" ,_<' __....._n.... ,... ,......... or/lYtj~I(ESHQ crr(. UMITS . UrLnm colleclclr Sidewalk both sides F'OURTH AV F ST Class 3 ...h........n..._.... Sidewalk both sides FOURTH AV L ST Class 3 ........................-----------....... SIdewalk both sides r-si--'-"'-'--"'-'-"---"--"'SROADWA Y SIdewalk both sides c sr N GLOVER AV Sidewalk both aides G sr _ ___+ .._ __...... _.~_'M.._ ....." jSideWalk both sides ~ () f m z ~ I~ I CD I I'.) --..l l si-'''' ._"__.h____ ---FOURTH"AVE--"..-m_--.----.... n."'THIRO'A,r''''- -. h~-'-"U'~b~n Co"iiector . ......-..-....-.. Sh~;.~-d-io~d-~~V...-..._....-.. .........TC~~tln~-;;~-;-.;id-e;aiks.-b.oth ~ide-&.-.._--. (Class I Collector) (BMP does not recommend I any bikeway) Outside travel lane :>"'14'eet i E..~!:3T-....'--:.._-.--~-~--.--i(EKiJi~L:pC~-~....---~.-.u,~.._....._'._......6F.l..Ri~:;,:Bl... ..~.."....~...:-._....t~'ai;;;..urt;;.;~~lr;:;:~t- -~:.:~:.._. 6~;~_-2-bik;;~at....._."--....-~.I~;;;;;.i;~~?~.~-;:i(j~-;~-ikS~.... n............ .......n 6ASis:;b.V--~-.NAi,iE:fTE~~-~---i:f'OXFORLl-ST~.-.-.-u._~;~{k;Z~iJ.--.~_. .. .- Sh;;:ed~~;d,;;Y--~lc~ni;i~~Cts-;~ikS-- .-,---- (BMP does not recommend . any bikeway)" < . Sh~-;~d~O-:;d~~;;Y"-_-'T""-:-- Co'nti~;;~~;s~icj"~.~~~ik-;_.--".."...--..---. tBMP does not recornf!1.end nnybikewny} , ShareJ7;;;dway -_. (BMP doc" not recolnmellu anybikew<lY) , cAvER-i~~poiNi:GT~..--poIiH.BARROW.DR~.-;.~'-.~-"--..SCDS-."~.".-...,-.-.._.;:--"l;;t,:;nl;:;cai'-..-."-.-.- . ---- Sl~;;~.d.r~wad-;;~y.-....-..-"'---.-. COr'~'i;';~;;~T;~ide-;;';'liZS'w-- ._.__.~- tBMP does not recornmend ~.!!Y~~~rl.n....---,.~.__L~__ Shared rO<ldway _ .lOl1tiIlU(lUS sidewalks (BMPdoes nol reO!llHnend <lnyhikeway) , , .,... sEi~Clr,i'D A\,.7:';------P;\l6~W~~G-:r:.....-- . '--w--...-.-6iJT~j.rI\-R"lj"sT-h----w;~~-c~il~-~lOr."-~..."-... "" '. I, ., , wl'iiill.TEnf.:O -~--OrAY.li,KESRD .-. I"AI~E--CRj:ST.DR U,bBn IDeal , '. , ",.":, , " "~---~.._-~---- 'fO'~Orr-------:-BIST~oP."ST. ----sTiERwooD-s:r. Ulban IDcal RESOLUTION NO. 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART A OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUB MITT AL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNETFUNDS WHEREAS, on November 3, 1987, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (Ordinance); and WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego County Transportation Improvement Program Ordinance and Expenditure Plan (Transnet Extension Ordinance); and WHEREAS, the Transnet Extension Ordinance provides that the San Diego Association of Governments (SANDAG), acting as the Regional Transportation Commission, shall approve a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (Transnet) funds; and WHEREAS, in January 2009, the City of Chula Vista was provided with an estimate of annual Transnet local street improvement revenues for fiscal years 2009 through 2013; and WHEREAS, on March 18, 2008, pursuant to Ordinance Nos. 3106 through 3110, the City Council adopted the Western Chula Vista Transportation Development Fee (WTDIF) at a rate of $3,243 per Equivalent Development Unit; and WHEREAS, on January 25, 2005, pursuant to Resolution No. 2005-014, the City Council adopted the City's Bikeway Master Plan; and WHEREAS, in January 2008, SANDAG staff acknowledged this Plan as complete, consistent with the 2030 Regional Transportation Plan, and coordinated with other jurisdictions; and WHEREAS, Section 4.E.3 of the Extension Ordinance states that all new projects, or major reconstruction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by law from using a given facility or where the costs of including bikeways and walkways would be excessively disproportionate to the need or probable use; and 9-28 Resolution No. 2009- Page 2 WHEREAS, Rule 21 "Accommodation of Bicyclists and Pedestrians" was adopted by the SANDAG Board on February 22, 2008, to provide a guide to appropriate accommodation measures for various types of streets; and WHEREAS, the Rule 21 Amendment states that a local jurisdiction may use a bicycle or pedestrian master plan adopted by the city council and approved by SANDAG to determine the appropriate means of accommodating bicyclists and pedestrians in a given project and at a minimum provide the facilities called for in the plan; and WHEREAS, staff has determined that no exclusions are required under Rule 21 for the projects proposed to be added to the Regional Transportation Improvement Program (RTIP); and WHEREAS, the proposed amended list of projects to be funded by Transnet during Fiscal Years 2008/2009 through 2012/2013 is'consistent with the City's existing Capital Improvement Program (CIP) and the proposed changes to the CIP for Fiscal Year 2009/2010; and WHEREAS, the City Council of the City of Chu1a Vista has held a noticed Public Hearing on May 12, 2009, with an agenda item that clearly identified the proposed list of projects prior to approval of the projects in accordance with by Section 5(A) of the Extension Ordinance and Rule 7 of SAl'\lDAG Board Policy 31; and WHEREAS, though all of the Capital Improvement Projects in the July 2009 Amendment to be sent to SANDAG and the associated SANDAG allocations are identified in Exhibit C, attached, only those listed on Exhibit A are to be addressed and approved through this Resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Approves part A of the July 2009 Amendment to the Transnet Local Street Improvement Program for submittal to the San Diego Association of Governments for inclusion in the Regional Transportation Improvement Program for Fiscal Years 2008/2009 through 2012/2013. The specific proj ects and funding included in Part A of the July 2009 Amendment are shown on Exhibit A. The City's proposed Major Pavement Rehabilitation projects are shown on Exhibit B. 2. Certifies pursuant to Section 2(C)(1) of the Transnet Extension Ordinance, no more than 30 percent of its annual Transnet revenues shall be spent on maintenance-related projects. 3. Certifies pursuant to Section 4(E)(3) of the Transnet Extension Ordinance, all new projects, or major reconstruction projects, funded by Transnet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to the requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chu1a Vista's public hearing process. 9-29 Resolution No. 2009- Page 3 4. Certifies pursuant to Section 8 of the Transnet Extension Ordinance, the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the five-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. 5. Certifies pursuant to Section 9.A of the Extension Ordinance, the City will extract at least $2,000 from the private sector for each newly constructed residential housing unit to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). 6. Certifies pursuant to Section 13 of the Transnet Extension Ordinance, a separate Transportation Improvement Account has been established for Transnet revenues, with earned interest expended only for those purposes for which the funds were allocated. 7. Certifies pursuant to Section 18 of the Transnet Extension Ordinance, each project of $250,000 or more will be clearly designated during construction with Transnet project funding identification signs. 8. Indemnifies, holds harmless and defends SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to local Transnet funded projects. 9. Certifies all applicable provisions of the Ordinance, the Extension Ordinance, and SANDAG Board Policy 31 have been met. Presented by Richard A. Hopkins Director of Public Works 9-30 EXHIBIT A TRANSNET ALLOCATION - FY 2010 ..,., - -< ..,~~;~~~ ;~.:" ::~MR9 10:' Bikeway Master Plan Update (STL351) Advance Planning Studies (OP202), (OP208) Emergency Storm Drain Repair (DR 180) N. Broadway Reconstruction (STM354) Fourth Avenue Sidewalk Improvements (STL291) CHV-NEW CHV22 CHV-NEW CHV19 CHV25 co I w -' Pedestrian Master Plan (STL323) School Zone Traffic Calming Program (TF345, TF361) Improvements Castle Park Sidewalk Improvements (STL303, 304, 305, 342) CHV26 CHV33 CHV44 CHV-NEW Pavement Major Rehabilitation Program(STL354), excluding Fourth Ave. L to Orange; Main SI. west to east 1-805 ramps; Fourth Ave. F to G SI.; F Street Broadway to Hilltop Naples and Oleander Cross Gutter (STL359) CHV48 CHV-NEW South Broadway Improvements South of Main SI. (STL356) Traffic Signal System Optimization (TF350) Pavement Rehabilitation Program (STL355) Neighborhood Traffic and Ped Safety (TF327, TF362) Traffic Monitoring Program (TF321 ,TF325) Congestion Relief Study and Implementation (TF354) Traffic Signing (TF332), Studies and Signal Upgrade (TF366) CHV-NEW CHV39 CHV06 CHV34 CHV45 CHV43 CHV35 Prepared 4/30/09 EXHIBIT B RECOMMENDED OVERLAYS/ RECONSTRUCTS (CHV48) Street Name Beginning Ending Location Location BROADWAY FAIVRE ST BEYER BLVD ._._......>--~._.,. ~_._----~------.. ---...-- . BROADWA Y MAIN ST FAIVREST ______.___.__-.._~__.__.g_._~.'___,.. ,w,__"_,_"~,._,_,_~__"""""_"__",,,_,,,,,_~_,,__,_________~,,,___~__________._,_.....__ BROADWA Y ANITA ST MAIN ST --~--.-----_._..._~----~._..~~_._,-'.--...---- H.__ BROADWA Y D STREET F STREET _._~~._~__H_____'''_''''~__~'''''__~~"'''''''__ ...~__."-'_______'b'_,~~",_"-",.~__"___",,,_________..~_,,~_~__......___~~_,. E ORANGE A V HILL TOP DR MELROSE A V ____,.___.._n.'___._____..._...'".~___.4 ...._____..--..____~_~_..__..._.~.._~.__'___________~.____._"_.....____._ MAIN ST ROMA CT MAXWELL RD ~____~.__,'__..~_,~'._._,...._._,._....._.~M_'_'__M~__M_.._~____..~_ ._~----~._._.._._--_. MAIN ST 1-805 FREEWAY RAMP OLEANDER AV 1--------------------- - --- ------- EASTLAKE PW OT A Y LAKES RD GREENSGATE DR ---_._----_._-_..~_.__.'--~--~---------------_. .-------- EASTLAKE PW CLUBHOUSE DR TRINIDAD COVE -------~----~._.._-_. -- -.-.-- MAIN ST OLEANDER A V DELNISO CT ._______.___~___M~__.________~_~ ----~--~----_. - MAIN ST DELNISO CT ROMA CT ----~-------_._---_. -~-------~~-~--- MAIN ST MAXWELL RD NIRVANA AV __._______...__.___.._~__u~_____4______~.___ TELEGRAPH CANYON RD 1-805 FREEWAY RAMP 1-805 FREEWAY RAMP -~-~--~._-_._~-_._~-_._._~----~-~~- .-- NAPLES ST MELROSE A V FOXBORO ST --~'---~.------------------=-------~..., - MELROSE A V TELEGRAPH CANYON RD MAIN ST ~-----_._."'~-_"'-~--~_'."--._~--_'_-_---"'_--~-------,~-_._...._--~-_._-~-,~-,~----.._~_.. CST NGLOVERAV SECOND A V ~~-------~'---~--~---~.------~----~~---_. ~--_.~-~- --~._-~-- --- GST BROADWA Y FOURTH AVE ___~~____...._._ri_____~~__"_~'__".'____~~_'_'~~___,_,__~_,~~____~______~___,.__.___..~."_.--...._. L ST FOURTHAVE THIRD A V - 9-32 EXHIBIT C TRANSNET ALLOCATION - FY 2010 )t:'~""" '1 ;~,)S~ ..t~'?;.~,. :~;:'!: ::.,;,-z;:.-:. . <'1,.~~,:!~i;'1;if!:"'fJ;;';'~:. ,iNi,.;;:~""';,);; 'l''':;A;1'''''.~~'''\,:. i;~~,':;r ,';'\ ;/_~ F,Y,{09/,10","" 0/; .~!rl ',:,F~'(. 09t1 O~'::'t i; _\;~t:'!~{'\1Jl1i":'~- '~~{;'~"~;1t~i~ko~'~dfJY'~ti?t>~~;::'?;:~~];f{~~t~~~ ;;:tt I~R~~ipjp ~d'}~'~~~~J~;t1.c~~h' :~C'~~g~~:ti,~~tR'~il~i) ~'M'~{~~t~;;~n2~':~- Estimated Annual Allocation $3,120,000 $1,331,000 Bikeway Master Plan Update (STL351) Advance Planning Studies (OP202), (OP208) Emergency Storm Drain Repair (DR 180) N. Broadway Reconstruction (STM354) Fourth Avenue Sidewalk Improvements (STL291) 1-805 Olympic Parkway Interchange Improvements (STM328) Pedestrian Master Plan (STL323) School Zone Traffic Calming Program (TF345, TF361) Improvements Castle Park Sidewalk Improvements (STL303, 304, 305, 342) STL361 ) Naples and Oleander Cross Gutter (STL359) Pavement Major Rehabilitation Program (STL354) South Broadway Improvements South of Main St. (STL356) Traffic Signal System Optimization (TF350) Pavement Rehabilitation Program (STL355) Neighborhood Traffic and Ped Safety (TF327, TF362) Traffic Monitoring Program (TF321 ,TF325) Congestion Relief Study and Implementation (TF354) Traffic Signing (TF332), Studies and Signal Upgrade (TF366) TOTAL Remaining Funds Prepared 4/30/09 CHV-NEW $50,000 CHV22 $82,000 CHV-NEW $1,200,000 CHV19 $2,368,000 CHV25 $235,000 CHV01 $472,685 CHV26 $45,000 CHV33 $97,000 $130,000 CHV44 $90,000 M CHV-NEW $70,000 M I en CHV-NEW $180,655 CHV-NEW $205,000 CHV48 $2,020,000 CHV-NEW $500,000 CHV39 $50,000 CHV06 $450,000 CHV34 $320,000 CHV45 $110,000 CHV43 $70,000 CHV35 $240,000 $4,549,685 $3,115,655 $1,320,000 $4,345 $11,000 EXHIBIT C RECOMMENDED OVERLAYS/RECONSTRUCTS (CRV 48) Street Name Beeinnine Endine Location Location BROADWAY FAIVRE ST BEYER BLVD -------~-_.,-~--~--~~._._--._------~--_........_-_._--~._-,----------------..._~-~-, BROADWA Y MAIN ST FAIVRE ST _._- --_.'~~-'-'-~'--'--~-' .-- _.._.__~'...M .....----... BROADWA Y ANITA ST MAIN ST --.-- --~_._--*-..-----~--_. ~..~_._~---- BROADWA Y D STREET F STREET ____~._._,_._-.._.a_"~.__..__..."'_~"__~__..._._~,_,____~-..,~,,__,_.____.._._.._, ~-_........_--._._--~-_... E ORANGE A V HILL TOP DR MELROSE A V '~'---'-~~---------"'--'----- .....-.__._.~-_..~~-- MAIN ST 1-805 FREEWAY RAMP 1-805 FREEWAY RAMP "_'___"~___'____.~'__'~__"_4~".,__...._~_.__",_~~_,~___,._._".._~__.._~~,__,_~__~,~_~~_ ~-----~_._. MAIN ST ROMA CT MAXWELL RD .,,"--.~~.~~-- - MAIN ST 1-805 FREEWAY RAMP OLEANDER AV ~_.~-~._-~-,,-_.._,-_..._..._.._-_..,,~---,.._~._------'--'~-'-'--~-~.._--------"._--._.._--_.__..-..,-,-~---- EASTLAKE PW OT A Y LAKES RD GREENSGA TE DR -- - -----~-----~~ -- EASTLAKE PW CLUBHOUSE DR TRINIDAD COVE -~-'-~-~'-'~'--"'-----~'+-"---_._------~'------'----~---'------~----_._-~-_._-_.- MAIN ST OLEANDER A V DELNISO CT MAIN +._.-.~-------..._~---_.~---_.~--------_._-----~._-~---....--- ST DELNISO CT ROMA CT ____.w~_..a_.___._~.______'.___.._._ ._.__._~~- . ._~----~--. -- MAIN ST MAXWELL RD NIRVANA AV I -_.__.._-_..__..~-----_.- __"_~__'Y__'M~O__.'_.__~.~'__'~___"___~_____~_____~~_._~_"__'.__4 TELEGRAPH CANYON RD 1-805 FREEWAY RAMP 1-805 FREEWAY RAMP ---------~---_..._.Y_--------~----~. --- - NAPLES ST MELROSE A V FOXBORO ST M_"___'._''''__'~_'__4''''.'''.'_'''''''~~'''_.__~_._'~_''_'_"__~.'''_'_____'__'''_'~A_____'~__,~,~___,_____,__,.~_.'_m.~.~._._ MELROSE A V TELEGRAPH CANYON RD MAIN ST 1--- .-----.- -~._._-,~------~-_. FOURTHAV FST GST -- _.'__~""'~~'~'M.'_"'_""'_"'_'_"_~__"'~_"~~'''_'_'_~'_,.~_._..~"_.~__.._.~_,_.A_'__.-..-_,,._,,_,,_~,___..__..w_~~............~__~_____"_______.~___ FOl/RTHAV L ST ORANGE A V ---__._~__.._~~~..__.~_~___..+_~_M____~__. ,---....-.- FST BROADWA Y HILL TOP DR --'-~---'-~___~~'_'_..____'_'__._'_.~._'""'--'_______~_~____a~._~'~_____~'_'_'___.'__M'_~____ CST NGLOVERAV SECOND A V '--"- ,_.~_.-.._...~_~~~~_.._.._N___.___~..________.. -_.~---"..- GST BROADWA Y FOURTH AVE '~-~--"-'_.~--"--'~"'-----'-_._-- -~.._-~._---~---------~..._._--- L ST FOURTH AVE THIRD A V 9-34 RESOLUTION NO. 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART B OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUB MITT AL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNETFUNDS WHEREAS, on November 3, 1987, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (Ordinance); and WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego County Transportation Improvement Program Ordinance and Expenditure Plan (Transnet Extension Ordinance); and WHEREAS, the Transnet Extension Ordinance provides that the San Diego Association of Governments (SANDAG), acting as the Regional Transportation Commission, shall approve a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales ta'{ (Transnet) funds; and WHEREAS, in January 2009, the City of Chula Vista was provided with an estimate of annual Transnet local street improvement revenues for fiscal years 2009 through 2013; and WHEREAS, on March 18, 2008, pursuant to Ordinance Nos. 3106 through 3110, the City Council adopted the Western Chula Vista Transportation Development Fee (WTDIF) at a rate of $3,243 per Equivalent Development Unit; and WHEREAS, on January 25, 2005, pursuant to Resolution No. 2005-014, the City Council adopted the City's Bikeway Master Plan; and WHEREAS, in January 2008, SANDAG staff acknowledged this Plan as complete, consistent with the 2030 Regional Transportation Plan, and coordinated with other jurisdictions; and WHEREAS, Section 4.E.3 of the Extension Ordinance states that all new projects, or major reconstruction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by law from using a given facility or where the costs of including bikeways and walkways would be excessively disproportionate to the need or probable use; and 9-35 Resolution No. 2009- Page 2 WHEREAS, Rule 21 "Accommodation of Bicyclists and Pedestrians" was adopted by the SANDAG Board on February 22, 2008, to provide a guide to appropriate accommodation measures for various types of streets; and WHEREAS, the Rule 21 Amendment states that a local jurisdiction may use a bicycle or pedestrian master plan adopted by the city council and approved by SANDAG to determine the appropriate means of accommodating bicyclists and pedestrians in a given project and at a minimum provide the facilities called for in the plan; and WHEREAS, staff has determined that no exclusions are required under Rule 21 for the projects proposed to be added to the Regional Transportation Improvement Program (RTIP); and WHEREAS, the proposed amended list of projects to be funded by Transnet during Fiscal Years 2008/2009 through 2012/2013 is consistent with the City's existing Capital Improvement Program (CIP) and the proposed changes to the CIP for Fiscal Year 2009/2010; and WHEREAS, the City Council of the City of Chula Vista has held a noticed Public Hearing on May 12, 2009, with an agenda item that clearly identified the proposed list of projects prior to approval of the projects in accordance with by Section 5(A) of the Extension Ordinance and Rule 7 of SANDAG Board Policy 31; and WHEREAS, though all of the Capital Improvement Projects in the July 2009 Amendment to be sent to SANDAG and the associated SANDAG allocations are included on Exhibit C, attached, only those listed on Exhibit A are to be addressed and approved through this Resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Approves part B of the July 2009 Amendment to the Transnet Local Street Improvement Program for submittal to the San Diego Association of Governments for inclusion in the Regional Transportation Improvement Program for Fiscal Years 2008/2009 through 2012/2013. The specific projects and funding included in part B of the July 2009 Amendment are shown on Exhibit A. The City's proposed Major Pavement Rehabilitation projects are shown on Exhibit B. 2. Certifies pursuant to Section 2(C)(1) of the Transnet Extension Ordinance, no more than 30 percent of its annual Transnet revenues shall be spent on maintenance-related proj ects. 3. Certifies pursuant to Section 4(E)(3) of the Transnet Extension Ordinance, all new projects, or major reconstruction projects, funded by Transnet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to the requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City ofChula Vista's public hearing process. 9-36 Resolution No. 2009- Page 3 4. Certifies pursuant to Section 8 of the Transnet Extension Ordinance, the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the five-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. 5. Certifies pursuant to Section 9.A of the Extension Ordinance, the City will extract at least $2,000 from the private sector for each newly constructed residential housing unit to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). 6. Certifies pursuant to Section 13 of the Transnet Extension Ordinance, a separate Transportation Improvement Account has been established for Transnet revenues, with earned interest expended only for those purposes for which the funds were allocated. 7. Certifies pursuant to Section 18 of the Transnet Extension Ordinance, each project of $250,000 or more will be clearly designated during construction with Transnet project funding identification signs. 8. Indemnifies, holds harmless and defends SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to local Transnet funded projects. 9. Certifies all applicable provisions of the Ordinance, the Extension Ordinance, and SAl'lDAG Board Policy 31 have been met. Presented by Richard A. Hopkins Director of Public Works 9-37 EXHIBIT A TRANSNET ALLOCATION - FY 2010 -:~p ,.'~ ;':)3 ~':0 "~:' ;;;:MPo~iD' .-!. ,~-' G Street; F St. from Broadway to Hilltop Pavement Major Rehabilitation Program (STL354): Fourth Ave. from F to G SI.; F SI. from Broadway to Hilltop CHV48 TOTAL Remaining Funds Prepared 4/30/09 CD I (.,) co EXHIBIT B RECOMMENDED OVERLA YS/ RECONSTRUCTS (CHV 48) Street Name Be2innin2 Endin2 Location Location .. . -~- . FOl/RTH A V FST GST .__._~_.__________'~'___"~_'~.~_'O'.~,..~_~.__._._"_~__._______~.>_____~_.......__,_."__~____,...___.~___"_~____ FST BROADWA Y HILL TOP DR '...__._-~. _. 9-39 EXHIBIT C TRANS NET ALLOCATION - FY 2010 CD I .~ C) ":'~'i~~;:i] "Z::iI ~~;,t~~,':~~(~~}:~~ :;~';l~~:~~i~!~~~~~;~~f~~~~;? :'{:;~~~f:\'[+~~~19.i<l.~:, ,,,,' . .,j~.Y.09/10l;;:j ;-:>.. ~~.. p~,.'::' .I.'If? , :'. MP'()IDi Old;! ran s rie.ti(~ash "9'gi1ge~ti~~j~el!~f- ,. Mamtenance .,' . :....:" ..f';:"'''''' . ... .,." Estimated Annual Allocation $3,120,000 $1,331,000 Bikeway Master Plan Update (STL351) CHV-NEW $50,000 Advance Planning Studies (OP202), (OP208) CHV22 $82,000 Emergency Storm Drain Repair (DR 180) CHV-NEW $1,200,000 N. Broadway Reconstruction (STM354) CHV19 $2,368,000 Fourth Avenue Sidewalk Improvements (STL291) CHV25 $235,000 1-805 Olympic Parkway Interchange Improvements (STM328) CHV01 $472,685 Pedestrian Master Plan (STL323) CHV26 $45,000 School Zone Traffic Calming Program (TF345, TF361) CHV33 $97,000 $130,000 Improvements CHV44 $90,000 Castle Park Sidewalk Improvements (STL303, 304, 305, 342) CHV-NEW $70,000 STL361 ) CHV-NEW $180,655 Naples and Oleander Cross Gutter (STL359) CHV-NEW $205,000 Pavement Major Rehabilitation Program (STL354) CHV48 $2,020,000 South Broadway Improvements South of Main SI. (STL356) CHV-NEW $500,000 Traffic Signal System Optimization (TF350) CHV39 $50,000 Pavement Rehabilitation Program (STL355) CHV06 $450,000 Neighborhood Traffic and Ped Safety (TF327, TF362) CHV34 $320,000 Traffic Monitoring Program (TF321 ,TF325) CHV45 $110,000 Congestion Relief Study and Implementation (TF354) CHV43 $70,000 Traffic Signing (TF332), Studies and Signal Upgrade (TF366) CHV35 $240,000 TOTAL $4,549,685 $3,115,655 $1,320,000 Remaining Funds $4,345 $11,000 Prepared 4/30109 EXHIBIT C RECOMMENDED OVERLA YS/ RECONSTRUCTS (CHV 48) Street Name Beeinnine Location Endine Location BROADWAY FAIVRE ST BEYER BLVD __________.__________....."..~._.....______..._____._"'~~~__N____'~___~_______,...__..._~.._~_~_~__.....~__ BROADWA Y MAIN ST FAIVRE ST _._,~~~~_."_~____~,_._'_~,~______...._~____._~.._~__~N~"____,_,_,__, _ BROADWA Y ANITA ST MAIN ST _.._.__..__._---~-_._--_._._-~_.~------- BROADWAY DSTREET FSTREET ...__...,,______._~__...N"........__'N_._._..___.~"~h__N_' .~.__,~~'_"^.....N....._'.___.~_.__..____~____~.._.~..~__M__.~...,_~~_-...-..___ E ORANGE A V HILL TOP DR MELROSE A V _~~b____".._._..'"__N__---.~_*_.,,_'.,...~_........~,'~..~_,_,~______.___.._ MAIN ST 1-805 FREEWAY RAMP 1-805 FREEWAY RAMP ---~~-------_._-~_.__._~_. ----~ --.. MAIN ST ROMA CT MAXWELL RD ____N~'~~___~____.~,.."..,.~___...,__"._..~~__...._______"',__.__,_"__,__,,,___,,_,_,___,~,,,_,___.~__,,____,_~,'...___,____,__..__~~~._____ MAIN ST 1-805 FREEWAY RAMP OLEANDER AV '--~--~----'----'-~------ EASTLAKE PW OTAY LAKES RD GREENSGATE DR - - EASTLAKE PW CLUBHOUSE DR TRINIDAD COVE --~-~-,-_._~-_."--_.__....-._,..~_._.,_._,-----~_.._-------_._-'"----_._~_.~---_._~-~-~-----------~-- MAIN ST OLEANDER A V DELNISO CT ---------~_..~--._---- - - MAIN ST DELNISO CT ROMA CT --~--~-~-_.._--------,-~-_._--~----------~~-_.~-- MAIN ST MAXWELL RD NIRVANA AV _'~_h._~_..__~~~_'__ ~_~__~.....__~___.____ _ TELEGRAPH CANYON RD 1-805 FREEWAY RAMP 1-805 FREEWAY RAMP -------~----------~.------_.. NAPLES ST MELROSE A V FOXBORO ST '~_~_'__'_"~~_.~~'_,~~.,._.,_..,"-.'~'~'L,.__.____....._.__.___~_~_~_ ..___~___~,....._~,__,~..~, MELROSE A V TELEGRAPH CANYON RD MAIN ST _._----'---~,-_._~_._~-_.~_.--._-,-_.....~_....__.~,--_..._------~- FOURTH A V F ST G ST ~~_._,--_.~------~-_---.-...." FOURTHAV L ST ORANGEAV ~",_,~,_,~"~~,,."'''~W_'~_....~.~h~'_____'__'M~_''''_'''''__'_..__.__._.___,_,,__,_,,__~~ ___'.__'_'W__'~"'__'_____"_~_W~_______~'~__'~'__~__'. F ST BROADWA Y HILL TOP DR -_._----~._------......_-~_._-------~-_._-_-._.- CST NGLOVERAV SECOND A V ------------- ----.------------.----.---------- GST BROADWAY FOURTHAVE _..._~~~._-_.~_._....~,'...,-_._~...,..~..--,----,~.........~,~._-,._,-_.~.__._~~--.---.~,..~'._--;-- -~_._"._._-,._--~---_._~ L ST FOURTHAVE THIRD A V ---- 9-41 RESOLUTION NO. 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART C OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNETFUNDS WHEREAS, on November 3, 1987, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (Ordinance); and WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego County Transportation Improvement Program Ordinance and Expenditure Plan (Transnet Extension Ordinance); and WHEREAS, the Transnet Extension Ordinance provides that the San Diego Association of Governments (SANDAG), acting as the Regional Transportation Commission, shall approve a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (Transnet) funds; and WHEREAS, in January 2009, the City of Chula Vista was provided with an estimate of annual Transnet local street improvement revenues for fiscal years 2009 through 2013; and WHEREAS, on March 18,2008, pursuant to Ordinance Nos. 3106 through 3110, the City Council adopted the Western Chula Vista Transportation Development Fee (WTDIF) at a rate of $3,243 per Equivalent Development Unit; and WHEREAS, on January 25,2005, pursuant to Resolution No. 2005-014, the City Council adopted the City's Bikeway Master Plan; and WHEREAS, in January 2008, SANDAG staff acknowledged this Plan as complete, consistent with the 2030 Regional Transportation Plan, and coordinated with other jurisdictions; and WHEREAS, Section 4.E.3 of the Extension Ordinance states that all new projects, or major reconstruction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by law from using a given facility or where the costs of including bikeways and walkways would be excessively disproportionate to the need or probable use; and 9-42 Resolution No. 2009- Page 2 WHEREAS, Rule 21 "Accommodation of Bicyclists and Pedestrians" was adopted by the SANDAG Board on February 22, 2008, to provide a guide to appropriate accommodation measures for various types of streets; and WHEREAS, the Rule 21 Amendment states that a local jurisdiction may use a bicycle or pedestrian master plan adopted by the city council and approved by SANDAG to determine the appropriate means of accommodating bicyclists and pedestrians in a given project and at a minimum provide the facilities called for in the plan; and WHEREAS, staff has determined that no exclusions are required under Rule 21 for the projects proposed to be added to the Regional Transportation Improvement Program (RTIP); and WHEREAS, the proposed amended list of projects to be funded by Transnet during Fiscal Years 2008/2009 through 201212013 is consistent with the City's existing Capital Improvement Program (CIP) and the proposed changes to the CIP for Fiscal Year 2009/2010; and WHEREAS, the City Council of the City of Chula Vista has held a noticed Public Hearing on May 12, 2009, with an agenda item that clearly identified the proposed list of projects prior to approval of the projects in accordance with by Section 5(A) of the Extension Ordinance and Rule 7 of SANDAG Board Policy 31; and WHEREAS, although all of the Capital Improvement Projects in the July 2009 Amendment to be sent to SANDAG and the associated SANDAG allocations are included on Exhibit C, attached, only those listed on Exhibit A are to be addressed and approved through this Resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Approves part C of the July 2009 Amendment to the Transnet Local Street Improvement Program for submittal to the San Diego Association of Governments for inclusion in the Regional Transportation Improvement Program for Fiscal Years 2008/2009 through 2012/2013. The specific projects and funding included in part C of the July 2009 Amendment are shown on Exhibit A. The City's proposed Major Pavement Rehabilitation projects are shown on Exhibit B. 2. Certifies pursuant to Section 2(C)(1) of the Transnet Extension Ordinance, no more than 30 percent of its annual Transnet revenues shall be spent on maintenance-related projects. 3. Certifies pursuant to Section 4(E)(3) of the Transnet Extension Ordinance, all new projects, or major reconstruction projects, funded by Transnet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to the requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chula Vista's public hearing process. 9-43 Resolution No. 2009- Page 3 4. Certifies pursuant to Section 8 of the Transnet Extension Ordinance, the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the five-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. 5. Certifies pursuant to Section 9.A of the Extension Ordinance, the City will extract at least $2,000 from the private sector for each newly constructed residential housing unit to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). 6. Certifies pursuant to Section 13 of the Transnet Extension Ordinance, a separate Transportation Improvement Account has been established for Transnet revenues, with earned interest expended only for those purposes for which the funds were allocated. 7. Certifies pursuant to Section 18 of the Transnet Extension Ordinance, each project of $250,000 or more will be clearly designated during construction with Transnet project funding identification signs. 8. Indemnifies, holds harmless and defends SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to local Transnet funded projects. 9. Certifies all applicable provisions of the Ordinance, the Extension Ordinance, and SANDAG Board Policy 31 have been met. Presented by Richard A. Hopkins Director of Public Works 9-44 EXHIBIT A TRANSNET ALLOCATION - FY 2010 'ct: -:'r~.;::'!<:;~~~~: :"IM~O'ID' 'l'i.. ,," _, , 1-805 Olympic Parkway Interchange Improvements (STM328) CHV01 Pavement Major Rehabilitation Program (STL354): Main St. from west to east 1-805 ramp CHV48 Prepared 4130109 co I .j::o en EXHIBIT B RECOMMENDED OVERLAYS/ RECONSTRUCTS (CHV48) Street Name Beeinnine Endine Location Location MAIN ST 1-805 FREEWAY RAMP 1-805 FREEWAY RAMP _____~__.b_._,~__., 9-46 EXHIBIT C TRANSNET ALLOCATION - FY 2010 CD I .j:>. -.l ;;; ',.:1;:' \.,~j:~.::..~~~,1~~;x2~{~~~~~1~~j~ei;,::~~~;1~i~'":!:~1.~;J~.'. . :'Y~./ .;;t'r~~ :.:!' , ,: '. '~1~il'~ff~~~~~ ~~~ \~ 'r,~,~ ~ ;Yil-ii; EY,09/1 O:i;~,~ g ~k,~AF.Y.~09/1O";. ; ',_"~',.,.-..,. -, ..+,_.-..,..;;....t,',..'~ Mp,0,\lp", Oldt-Ti"ansne'((Cash ;t;;Qng !ll!~iO: nV~,~1 i .~fl' /;~Maintenarice . .'1.--' . ,', . ',''\r._ Estimated Annual Allocation $3,120,000 $1,331,000 Bikeway Master Plan Update (STL351) CHV-NEW $50,000 Advance Planning Studies (OP202), (OP208) CHV22 $82,000 Emergency Storm Drain Repair (DR180) CHV-NEW $1,200,000 N. Broadway Reconstruction (STM354) CHV19 $2,368,000 Fourth Avenue Sidewalk Improvements (STL291) CHV25 $235,000 1-805 Olympic Parkway Interchange Improvements (STM328) CHV01 $472,685 Pedestrian Master Plan (STL323) CHV26 $45,000 School Zone Traffic Calming Program (TF345, TF361) CHV33 $97,000 $130,000 Improvements CHV44 $90,000 Castle Park Sidewalk Improvements (STL303, 304, 305, 342) CHV-NEW $70,000 STL361) CHV-NEW $180,655 Naples and Oleander Cross Gutter (STL359) CHV-NEW $205,000 Pavement Major Rehabilitation Program (STL354) CHV48 $2,020,000 South Broadway Impr<lvements South of Main St. (STL356) CHV-NEW $500,000 Traffic Signal System Optimization (TF350) CHV39 $50,000 Pavement Rehabilitation Program (STL355) CHV06 $450,000 Neighborhood Traffic and Ped Safety (TF327, TF362) CHV34 $320,000 Traffic Monitoring Program (TF321 ,TF325) CHV45 $110,000 Congestion Relief Study and Implementation (TF354) CHV43 $70,000 Traffic Signing (TF332), Studies and Signal Upgrade (TF366) CHV35 $240,000 TOTAL $4,549,685 $3,115,655 $1,320,000 Remaining Funds $4,345 $11,000 Prepared 4/30/09 EXHIBIT C RECOMMENDED OVERLAYS/RECONSTRUCTS (CHV 48) Street Name Be2:innin2: Endin2: Location Location -". - .-.-..- BROADWAY FAIVRE ST BEYER BLVD ~''''~~.~-~'--~'--~----''-'-~-''-~'-~--"'''~-'''''-''-'~-~--'~"-~'"'---'~~'-' "-~"~"'._~~'~""-"~---'~-~-"-"'-"'"-"'-""'--"--"-"""-*~~._-~- BROADWA Y MAINST FAIVREST -~._-_.~---..-----_."...~."--~-----,,._--~----_._._.....~..,."--'---'------.-"- ---------~- BROADWA Y ANITA ST MAIN ST ----~._-_._,...~---_._-_..~ BROADWA Y DSTREET F STREET --- E ORANGE A V HILL TOP DR MELROSE A V __~.__"_u'_...,_~~__~_,~'._._,~~_w_._~.___...,__......__._____._____M'_...'.__...___._~__,___.__.... -~~---~_...~~ MAIN ST 1-805 FREEWAY RAMP 1-805 FREEWAY RAMP ----,'-----..-.-~-,-"--"-,,---..-.,".-,-..---..-,~.~-.----~"--""--____"'________'.___.M________,____.__~_____ MAIN ST ROMA CT MAXWELL RD ------'~--~.~.._--~-~ -----._--_._-~_.._- -- MAIN ST 1-805 FREEWAY RAMP OLEANDER AV ~----~-~~'---'-- - EASTLAKE PW OTAY LAKES RD GREENSGA TE DR - - EASTLAKE PW CLUBHOUSE DR TRINIDAD COVE ------~-----~.,-,---_._-~_._._. ---~~'---_.~~._~-_._-_._--~~ ---~_._._- MAINST OLEANDER A V DELNISO CT -'_.._'---'-_._-~_._._---~-"-_.,_.-.......--..~-~---------..~._--~.- MAIN ST DELNISO CT ROMA CT -~-----~---------.._-----._- MAIN ST MAXWELL RD NIRVANA AV -------------.-- - TELEGRAPH CANYON RD 1-805 FREEWAY RAMP 1-805 FREEWAY RAMP -"--'.'~ ......~_._-----'---~._-,-~-~~._-~-._--_._._-~-----,.~---~~-- NAPLES ST MELROSE A V FOXBORO ST ---.----...------.---..--...-.......----.--.-.-...---..-.-.---.------.---.--------...---.-..----------.-.-..- MELROSE A V TELEGRAPH CANYON RD MAIN ST ---.---...-----..-----.---.----..-.--..---------..-------.--.---------- FOURTHAV FST GST _.~-------~._---~.---~._~~--~~_. .. .. -- FOURTH A V L ST ORANGE A V ~.~-_.__._--.--~-~. -~-----_., '-~------ FST BROADWA Y HILL TOP DR ~-_.~,._--'~-~-~..,~--~_.._--_..........._---_..__..~_._--~_.------~-----~._.._----_._----~~~~------",.,-----,.._-~~ CST NGLOVERAV SECOND A V G sT'---~..-.--.-----------.----.--7ijioAjjWA Y---------..--.-.---;:o(jjjj-fi A -VE ...-.-..------------- _.....__._._._._.~~_._.----~-,._----~._-_.__.~_.~--~-,------~~------- L ST FOURTHAVE THIRD A V 9-48 RESOLUTION NO. 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART D OF THE JULY 2009 N\1ENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUB MITT AL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNETFUNDS WHEREAS, on November 3, 1987, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (Ordinance); and WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego County Transportation Improvement Program Ordinance and Expenditure Plan (Transnet Extension Ordinance); and WHEREAS, the Transnet Extension Ordinance provides that the San Diego Association of Governments (SANDAG), acting as the Regional Transportation Commission, shall approve a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (Transnet) funds; and WHEREAS, in January 2009, the City of Chula Vista was provided with an estimate of annual Transnet local street improvement revenues for fiscal years 2009 through 2013; and WHEREAS, on March 18, 2008, pursuant to Ordinance Nos. 3106 through 3110, the City Council adopted the Western Chula Vista Transportation Development Fee (WTDIF) at a rate of $3,243 per Equivalent Development Unit; and WHEREAS, on January 25,2005, pursuant to Resolution No. 2005-014, the City Council adopted the City's Bikeway Master Plan; and WHEREAS, in January 2008, SANDAG staff acknowledged this Plan as complete, consistent with the 2030 Regional Transportation Plan, and coordinated with other jurisdictions; and WHEREAS, Section 4.E.3 of the Extension Ordinance states that all new projects, or major reconstruction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by law from using a given facility or where the costs of including bikeways and walkways would be excessively disproportionate to the need or probable use; and 9-49 Resolution No. 2009- Page 2 WHEREAS, Rule 21 "Accommodation of Bicyclists and Pedestrians" was adopted by the SANDAG Board on February 22, 2008, to provide a guide to appropriate accommodation measures for various types of streets; and WHEREAS, the Rule 21 Amendment.states that a local jurisdiction may use a bicycle or pedestrian master plan adopted by the city council and approved by SANDAG to determine the appropriate means of accommodating bicyclists and pedestrians in a given project and at a minimum provide the facilities called for in the plan; and WHEREAS, staff has determined that no exclusions are required under Rule 21 for the projects proposed to be added to the Regional Transportation Improvement Program (RTIP); and WHEREAS, the proposed amended list of projects to be funded by. Transnet during Fiscal Years 2008/2009 through 2012/2013 is consistent with the City's existing Capital Improvement Program (CIP) and the proposed changes to the CIP for Fiscal Year 2009/2010; and WHEREAS, the City Council of the City of Chula Vista has held a noticed Public Hearing on May 12, 2009, with an agenda item that clearly identified the proposed list of projects prior to approval of the projects in accordance with by Section 5(A) of the Extension Ordinance and Rule 7 of SANDAG Board Policy 31; and WHEREAS, though all of the Capital Improvement Projects in the July 2009 Amendment to be sent to SANDAG and the associated SANDAG allocations are included on Exhibit C, attached, only those listed on Exhibit A are to be addressed and approved through this Resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Approves part D of the July 2009 Amendment to the Transnet Local Street Improvement Program for submittal to the San Diego Association of Govemments for inclusion in the Regional Transportation Improvement Program for Fiscal Years 2008/2009 through 2012/2013. The specific projects and funding included in part D of the July 2009 Amendment are shown on Exhibit A. The City's proposed Major Pavement Rehabilitation projects are shown on Exhibit B. 2. Certifies pursuant to Section 2(C)(1) of the Transnet Extension Ordinance, no more than 30 percent of its annual Transnet revenues shall be spent on maintenance-related projects. 3. Certifies pursuant to Section 4(E)(3) of the Transnet Extension Ordinance, all new projects, or major reconstruction projects, funded by Transnet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to the requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chula Vista's public hearing process. 9-50 Resolution No. 2009- Page 3 4. Certifies pursuant to Section 8 of the Transnet Extension Ordinance, the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the five-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. 5. Certifies pursuant to Section 9.A of the Extension Ordinance, the City will extract at least $2,000 from the private sector for each newly constructed residential housing unit to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). 6. Certifies pursuant to Section 13 of the Transnet Extension Ordinance, a separate Transportation Improvement Account has been established for Transnet revenues, with earned interest expended only for those purposes for which the funds were allocated. 7. Certifies pursuant to Section 18 of the Transnet Extension Ordinance, each project of $250,000 or more will be clearly designated during construction with Transnet project funding identification signs. 8. Indemnifies, holds harmless and defends SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to local Transnet funded projects. 9. Certifies all applicable provisions of the Ordinance, the Extension Ordinance, and SANDAG Board Policy 31 have been met. Presented by Richard A. Hopkins Director of Public Works 9-51 EXHIBIT A TRANSNET ALLOCATION - FY 2010 :;J~~~:~;:~~~ :~~. !;;IVI~O;ID" Estimated Annual Allocation STL361) CHV-NEW Pavement Major Rehabilitation Program (STL354): Fourth Ave. from L SI. to Orange Ave. CHV48 Prepared 4/30/09 CD I U1 N EXHIBIT B RECOMMENDED OVERLA YS/ RECONSTRUCTS (CHV 48) Street Name Be2innin2 Location Endin2 Location FOl/RTHAV L ST ORANGE A V '~~--_--"'_""_____'_'_--""_~____~M 9-53 EXHIBIT C TRANSNET ALLOCATION - FY 2010 &l~:'!i;i~;I~j~;~~%~:~~~ ~. "~i~~ ~~:{~}J ~J~~;,~~:;i~Jf(t~,:~~~~~~ ';14J::jVF,YIQ9(1.0~:;""1:1 '.;'!;;:.~F,Y,;09"1 0 '\ ,11"':~' ").{ 1, .,.. '.'~~'-- _._,..,,~ ~ ~tM~~i~!~_h~I~~~~ ,~ ;~:Mp;b..iD~ Qld7Trill'i~ n.~t~( ~~s h ~.~~ng~sti6iji~~I.iet,i Estimated Annual Allocation $3,120,000 $1,331,000 Bikeway Master Plan Update (STL351) CHV-NEW $50,000 Advance Planning Studies (OP202), (OP208) CHV22 $82,000 Emergency Storm Drain Repair (DR180) CHV-NEW $1,200,000 N. Broadway Reconstruction (STM354) CHV19 $2,368,000 Fourth Avenue Sidewalk Improvements (STL291) CHV25 $235,000 1-805 Olympic Parkway Interchange Improvements (STM328) CHV01 $472,685 Pedestrian Master Plan (STL323) CHV26 $45,000 School Zone Traffic Calming Program (TF345, TF361) CHV33 $97,000 $130,000 Improvements CHV44 $90,000 Castle Park Sidewalk Improvements (STL303, 304, 305, 342) CHV-NEW $70,000 STL361) CHV-NEW $180,655 Naples and Oleander Cross Gutter (STL359) CHV-NEW $205,000 Pavement Major Rehabilitation Program (STL354) CHV48 $2,020,000 South Broadway Improvements South of Main St. (STL356) CHV-NEW $500,060 Traffic Signal System Optimization (TF350) CHV39 $50,000 Pavement Rehabilitation Program (STL355) CHV06 $450,000 Neighborhood Traffic and Ped Safety (TF327, TF362) CHV34 $320,000 Traffic Monitoring Program (TF321 ,TF325) CHV45 $110,000 Congestion Relief Study and Implementation (TF354) CHV43 $70,000 Traffic Signing (TF332), Studies and Signal Upgrade (TF366) CHV35 $240,000 TOTAL $4,549,685 $3,115,655 $1,320,000 Remaining Funds $4,345 $11,000 q- LO I 0) Prepared 4/30/09 EXHIBIT C .. RECOMMENDED OVERLAYS/RECONSTRUCTS (CHV 48) Street Name Beginning Ending Location Location - .. ---. BROADWAY FAIVRE ST BEYER BLVD ..__._~_._...__........~_.a___.~__.___.__...._~.__.___...______~............__ -"-"-- BROADWA Y MAIN ST FAIVRE ST --'-~-'-'~-~'._~-~-"""'''~.'~''^~~''.''-''''-'~_.'''''-~-'-''---''._'__A"'__~_'-""-"""'_'_"'_'._~__~_"""~~~M_"__"-""'-'_~_"~"__r.,_ BROADWA Y ANITA ST MAIN ST ,.----.._~___~..____________4__~.__~._. --~_.~_. BROADWA Y D STREET F STREET --. ..._~>_.._.~._...._~~-----_._-_._-_.~..~ ...-----~,~------'----~, E ORANGE A V HILL TOP DR MELROSE A V _.'~_._~""'____"'__"_'__""_'"__'''''~ _"..,.._.....".~~_'____~.L__,_''''_~__,__..__.,._.,....___....___,.._~____~___~.____........_.~___~_~ ~........',._".",..'."'-- .__.._ MAIN ST 1-805 FREEWAY RAMP 1-805 FREEWAY RAMP -~'-~~"---'-'--'------- ~----_._---~._------- --- MAIN ST ROMA CT MAXWELL RD ~--_.~--------~.._--_.._----~---- ,--,-.- MAIN ST 1-805 FREEWAY RAMP OLEANDER AV ---- .~.--,._~~-_.".._--_._~~_._-,_.__._-- ~._- ----..- EASTLAKE PW OT A Y LAKES RD GREENSGATE DR _""_'__'~_'____'_~H_'_"..__~~_..______._~_~_~~_,____'___"___'_"~____'~___'.,,~_~_,_ ._----~,~._--,---"- EASTLAKE PW CLUBHOUSE DR TRINIDAD COVE ----------~.._. -------_.~. ---~----- MAIN ST OLEANDER A V DELNISO CT - - - MAIN ST DELNISO CT ROMA CT ~-~------~-'~~--~-"--'-~~'-"~"-'",-",~,---_._,---._-..-..._-~-_._-~~---~~~--_.____~___~,~~.._.~w_~~,.~,_,~_ MAIN ST MAXWELL RD NIRVANA AV -------,-~ --- ~h___ TELEGRAPH CANYON RD 1-805 FREEWAY RAMP 1-805 FREEWAY RAMP --- NAPLES ST MELROSE A V FOXBORO ST ~--_.------._._~.~~-~---------_..._-...._- ----_._-~--_.__._~---_.~....._- MELROSE A V TELEGRAPH CANYON RD MAIN ST -.--__.~~.~~.~_...~~_.~..__~_~.~'_",'.b_.._'__.~_~~_,. ._--- -.._.-.........."".~-,._,.._~,- FOURTHAV FST GST ~ .._-------~ .---------- FOURTH A V L ST ORANGE A V '---"'---~-~-_.-......-_-_.._--_..._- ._------~.~~ FST BROADWA Y HILL TOP DR _.,~..-~>~~._....~"-..,,.~~---..~-~....--~~_..~"...~-_....~-~._~.,--~-"_._--._;.~-"~.~_._"._~--~._.~-~._---~.._-~-..,---._...'~~'.__.,.__._..._- CST NGlOVERAV SECON/JAV "'~~___M__~___"',,___,~__~_____~,_~_ ------------ GST BROADWAY FOURTH AVE ---~---------..- . ------~.-... -, L ST FOURTH AVE THIRD A V 9-55 RESOLUTION NO. 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PART E OF THE JULY 2009 AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR FISCAL YEARS 2008/2009 THROUGH 2012/2013 AND PROVIDING CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNETFUNDS WHEREAS, on November 3, 1987, the' voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (Ordinance); and WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego County Transportation Improvement Program Ordinance and Expenditure Plan (Transnet Extension Ordinance); and WHEREAS, the Transnet Extension Ordinance provides that the San Diego Association of Governments (SANDAG), acting as the Regional Transportation Commission, shall approve a multi-year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (Trans net) funds; and WHEREAS, in January 2009, the City of Chula Vista was provided with an estimate of annual Transnet local street improvement revenues for fiscal years 2009 through 2013; and WHEREAS, on March 18, 2008, pursuant to Ordinance Nos. 3106 through 3110, the City Council adopted the Western Chula Vista Transportation Development Fee (WTDIF) at a rate of $3,243 per Equivalent Development Unit; and WHEREAS, on January 25, 2005, pursuant to Resolution No. 2005-014, the City Council adopted the City's Bikeway Master Plan; and WHEREAS, in January 2008, SANDAG staff acknowledged this Plan as complete, consistent with the 2030 Regional Transportation Plan, and coordinated with other jurisdictions; and WHEREAS, Section 4.E.3 of the Extension Ordinance states that all new projects, or major reconstruction projects, funded by revenues provided under this Ordinance shall accommodate travel by pedestrians and bicyclists, except where pedestrians and bicyclists are prohibited by law from using a given facility or where the costs of including bikeways and walkways would be excessively disproportionate to the need or probable use; and 9-56 Resolution No. 2009- Page 2 WHEREAS, Rule 21 "Accommodation of Bicyclists and Pedestrians" was adopted by the SANDAG Board on February 22, 2008, to provide a guide to appropriate accommodation measures for various types of streets; and WHEREAS, the Rule 21 Amendment states that a local jurisdiction may use a bicycle or pedestrian master plan adopted by the city council and approved by SANDAG to determine the appropriate means of accommodating bicyclists and pedestrians in a given project and at a minimum provide the facilities called for in the plan; and WHEREAS, staff has determined that no exclusions are required under Rule 21 for the projects proposed to be added to the Regional Transportation Improvement Program (RTIP); and WHEREAS, the proposed amended list of projects to be funded by Transnet during Fiscal Years 2008/2009 through 2012/2013 is consistent with the City's existing Capital Improvement Program (CIP) and the proposed changes to the CIP for Fiscal Year 2009/2010; and WHEREAS, the City Council of the City of Chula Vista has held a noticed Public Hearing on May 12, 2009, with an agenda item that clearly identified the proposed list of projects prior to approval of the projects in accordance with by Section SeA) of the Extension Ordinance and Rule 7 of SANDAG Board Policy 31; and WHEREAS, though all of the Capital Improvement Projects in the July 2009 Amendment to be sent to SANDAG and the associated SANDAG allocations are included on Exhibit C, attached, only those listed on Exhibit A are to be addressed and approved through this Resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Approves part E of the July 2009 Amendment to the Transnet Local Street Improvement Program for submittal to the San Diego Association of Governments for inclusion in the Regional Transportation Improvement Program for Fiscal Years 2008/2009 through 2012/2013. The specific projects and funding included in part E of the July 2009 Amendment are shown on Exhibit A. 2. Certifies pursuant to Section 2(C)(1) of the Transnet Extension Ordinance, no more than 30 percent of its annual Transnet revenues shall be spent on maintenance-related projects. 3. Certifies pursuant to Section 4(E)(3) of the Transnet Extension Ordinance, all new projects, or major reconstruction projects, funded by Transnet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to the requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City ofChula Vista's public hearing process. 9-57 Resolution No. 2009- Page 3 4. Certifies pursuant to Section 8 of the Transnet Extension Ordinance, the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the five-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. 5. Certifies pursuant to Section 9.A of the Extension Ordinance, the City will extract at least $2,000 from the private sector for each newly constructed residential housing unit to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). 6. Certifies pursuant to Section 13 of the Transnet Extension Ordinance, a separate Transportation Improvement Account has been established for Transnet revenues, with earned interest expended only for those purposes for which the funds were allocated. 7. Certifies pursuant to Section 18 of the Transnet Extension Ordinance, each project of $250,000 or more will be clearly designated during construction with Transnet project funding identification signs. 8. Indemnifies, holds harmless and defends SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to local Transnet funded projects. 9. Certifies all applicable provisions of the Ordinance, the Extension Ordinance, and SANDAG Board Policy 31 have been met. Presented by Richard A. Hopkins Director of Public Works 9-58 EXHIBIT A TRANSNET ALLOCATION - FY 2010 Estimated Annual Allocation 1-805, SR54 and Otay Mesa Transportation System Improvements (TF344) TOTAL CHV44 Remaining Funds Prepared 4/30/09 0> LO I 0> EXHIBIT C TRANSNET ALLOCATION - FY 2010 Bikeway Master Plan Update (STL351) Advance Planning Studies (OP202), (OP208) Emergency Storm Drain Repair (DR180) N. Broadway Reconstruction (STM354) Fourth Avenue Sidewalk Improvements (STL291) 1-805 Olympic Parkway Interchange Improvements (STM328) Pedestrian Master Plan (STL323) School Zone Traffic Calming Program (TF345, TF361) Improvements Castle Park Sidewalk Improvements (STL303, 304, 305, 342) STL361) Naples and Oleander Cross Gutter (STL359) Pavement Major Rehabilitation Program (STL354) South Broadway Improvements South of Main Sl. (STL356) Traffic Signal System Optimization (TF350) Pavement Rehabilitation Program (STL355) Neighborhood Traffic and Ped Safety (TF327, TF362) Traffic Monitoring Program (TF321 ,TF325) Congestion Relief Study and Implementation (TF354) Traffic Signing (TF332), Studies and Signal Upgrade (TF366) . TOTAL Remaining Funds Prepared 4/30/09 T ~~~{1)~ijt'~~j:~1\ii ~tX~~:;;,~_F.~Y;:.~~('JR~~:e~ ?,t~,)~ .t~)'~g~~!~~i~~,1tf .~l:~ns~llrf(cii~fi '.\.<::))ng'e~tloK~e!i~!~ ~~ryI~iD!en'ari:ge"} $3,120,000 $1,331,000 CHV-NEW $50,000 CHV22 $82,000. CHV-NEW $1,200,000 CHV19 $2,368,000 CHV25 $235,000 CHV01 $472,685 CHV26 $45,000 CHV33 $97,000 $130,000 CHV44 $90,000 CHV-NEW $70,000 CHV-NEW $180,655 CHV-NEW $205,000 CHV48 $2,020,000 CHV-NEW $500,000 CHV39 $50,000 CHV06 $450,000 CHV34 $320,000 CHV45 $110,000 CHV43 $70,000 CHV35 $240,000 $4,549,685 $3,115,655 $1,320,000 $4,345 $11,000 o to I 0> EXHIBIT C RECOMMENDED OVERLAYS/RECONSTRUCTS (CHV48) Street Name Beginning Ending Location Location -- .. ----- -- --.. .'-..-. _.- .'._- BROADWAY FAIVRE ST BEYER BLVD ~___._,_._~,~._____"-...,""...."....._...~._~N'''~k~~''''"'''''''~'"''_.._..._.A_.._;__.___.......___,'~,_,...~,_,~,________"..__.__.~______~~.~_~,_"_____ BROADWA Y MAIN ST FAIVRE ST --------_.._-~----.--_...._-~---~-- - BROADWA Y ANITA ST MAIN ST _~____,__~._.__".,~_,___._____~_4_~.____~_~..____.__.~--'-_______~~_~__ BROADWA Y o STREET F STREET .__.~__~,_~____~-'-~--......__~~_..._~___.__.____.,__-..-._~____~__'_.A__~.______...~__.~_~___w.______..__.=".__ E ORANGE A V HILL TOP OR MELROSE A V ___.._.__..~____~._M_..___.-..---_ MAIN ST 1-805 FREEWAY RAMP 1-805 FREEWAY RAMP .___,~~__._.~._........______~w__.___~_._______.__~__.__'__ ---_._~- MAIN ST ROMA CT MAXWELL RD .----..----- . -~- - -- -- MAIN ST 1-805 FREEWAY RAMP OLEANDER AV ~--~._-~---_.._---_.~.- --- EASTLAKE PW OT A Y LAKES RD GREENSGA TE DR -_._.,----_.__._.----....~,.__._,-~---_.,--_._._,._-,----._-~----_.~_._----"'---,-_._-~--_..- ~_...""'--~_.._--~..- EASTLAKE PW CLUBHOUSE OR TRINIDAD COVE -----.------ -- MAIN ST OLEANDER A V DELNISO CT --_._~~.__._--~-,---'"--~--......----'~-_._------".._----_..~~ MAIN ST DELNISO CT ROMA CT -~--~~ . ._-------~~~---~.--. MAIN ST MAXWELL RD NIRVANAAV ---- .~_._- TELEGRAPH CANYON RD 1-805 FREEWAY RAMP 1-805 FREEWAY RAMP L ._.__~~._,~.__'.______...___._"___.,,.~~_~..~.'...~_.__".__"""_______'~__N__...~_..._~,'_____~____~__~___~..____ NAPLESST MELROSEAV FOXBOROST -~----~----~~._- ---~- MELROSE A V TELEGRAPH CANYON RD MAIN ST _...__._~_.__..'~w,..~._~_M.__~..._.._.._.~_.___.q__._~.___~_._~________________.___.~~___~~_~.._._ FOURTHAV FST GST __'....__d_.~~'_________O_____"_.~___.._".__,.,_.~.~~_._____~,.___._ ______...__...........'__.____~".~__,____."'._..~__..__.~.~_._. FOURTHAV L ST ORANGEAV _~_.__.___.~,q___~~~__H_"____.____.__~. -- F ST BROADWA Y HILL TOP OR --------...------.----,-.---------.---,,-----....-."'-----------.-----..-------.------------.-----..--------. CST NGLOVERAV SECOND A V _____________~6_____._________'______~._ ..__4___~.____=__._~__ GST BROAOWAY FOURTH AVE -_._~--_...._._>~_..__._--_...~---. .--.----- L ST FOURTH AVE THIRD A V 9-61 CITY COUNCIL AGENDA STATEMENT ~v~ C/n' OF ~CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: MAY 12, 2009, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER THE ESTABLISHMENT OF THE CHULA VISTA TOURISM MARKETING DISTRICT (CVTMD) FOR THE PURPOSE OF LEVYING AND COLLECTING ASSESSME~T,:~jON LODGING BUSINESSES DEPUTY CITY MANAGEil1\IDEVELOPMENT SERVICES DIRECTOR CITY MANAGER w- v ~...,- 4/5THS VOTE: YES D NO 0 SUMMARY The City of Chula Vista has historically provided annual funding to the Chula Vista Chamber of Commerce (CVCC) for the operation of the Chula Vista Convention and Visitors Bureau (CVCVB). As part of the budget reduction actions undertaken in Fiscal Years 2007/2008, City funding for the Convention and Visitors Bureau was reduced and then eliminated. The CVCC and the CVCVB, working in concert with lodging and business owners and members of the business community has prepared a plan for the formation of Chula Vista Tourism Marketing District (CVTMD) which will levy a self-assessment on motel and hotel rooms. The CVTMD will create a source of funding for renewed operation of the Convention and Visitors Bureau and for expanded promotion oftourlsm opportunities in the City. 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 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. 10-1 RECOMMENDA nON Council adopt the resolution. BOARDS/COMMISSION RECOMMENDA nON Not applicable DISCUSSION The Property and Business Improvement Law of 1994, Streets and Highways Code S 36600 et seq., authorizes cities to establish property and business improvement districts for the purposes of promoting tourism. The Chula Vista Chamber of Commerce (CVCC) and the Chula Vista Convention and Visitors Bureau (CVCVB) composed of lodging business owners, members of the business community and representatives from the City of Chula Vista have met to consider the formation of the Chula Vista Tourism Marketing District (CVTMD). The purpose of CVTMD is to levy and collect assessments on lodging businesses within the proposed CVTMD boundaries pursuant to the Property and Business Improvement District Law of 1994. The CVCC and the CVCVB has drafted a Management District Plan which sets forth the proposed boundary of the CVTMD, a service plan and budget, and a proposed means of governance. The Management District Plan satisfies all requirements of Streets and Highways Code S 36622 A majority of the lodging business owners subject to assessment proposed in the Management District Plan, that will pay more than fifty (50) percent of the assessment have signed and submitted petitions to the City Council in support of the formation and establishment of the CVTMD Business Improvement Districts represent an innovative approach to business promotion and service delivery. BIDs have traditionally been established by groups of local business and/or property owners to improve specific business areas through increased promotion, beautification efforts, increased maintenance, special events and other activities determined by the local BID board. Funding for these activities is derived from assessments paid by the members of the BID. Under the proposed CVTMD, an assessment of 2.5% will be levied on short-term gross room rental revenues for lodging businesses. All existing lodging businesses in the City will be subject to the assessment. New lodging businesses opening subsequent to the formation of the CVTMD will also be subject to the assessment. Under applicable state law, the CVTMD will have a five (5) year term unless renewed pursuant to Streets and Highways Code 36660. Renewal will require a return to City Council and will follow the same procedures used to establish the original CVTMD. Any request for renewal at that time would be reviewed under both the business promotion needs, and the general City needs existing at the time of the renewal request. The CVTMD will have three zones. Zone 1 shall include the area of Chula Vista east of 10-2 Interstate 5 with the exception ofthe Eastern Urban Center. Zone 2 shall include all areas west of Interstate 5. Zone 3 shall be comprised solely of the Eastern Urban Center. In Zone 1, the monies collected from the special assessment will go to the CVCC, which will serve as the CVTMD Owners' Association. In Zone 2 and Zone 3, 2.0% of the 2.5% collected may be used to fund capital improvements or to provide revenues for debt service if Council chooses to issue capital infrastructure bonds for capital improvements, the remaining 0.5% will go to Owners' Association. Until and unless bonds are issued in Zones 2 and 3, any funds collected in these zones will go to the CVCC and be used in the same way as monies collected in Zone 1. If bonds are issued, the assessment may continue to be levied until the maximum maturity of the bonds. Assessments used to repay bond debt shall have a term of 30 years. Annual assessment rates are 2.5% of gross short term (stays less than 31 days) room rental revenue on lodging businesses. The District shall have three zones. Zone 1 shall include the area of Chula Vista east of Interstate 5 with the exception of the Eastern Urban Center. Zone 2 shall include all hotels and motels west ofInterstate 5. Zone 3 shall include all hotels and motels in the Eastern Urban Center. The Eastern Urban Center is bound by State Route 125 to the west, Birch Road to the north, Eastlake Parkway to the east and the future extension of Hunte Parkway to the south. Bonds may be issued in Zone 2 and Zone 3. In Zone 1, the monies collected from the special assessment will go to the Owners' Association. In Zone 2 and Zone 3, 2.0% of the 2.5% collected will go towards capital improvements, and the remaining 0.5% will go to Owners' Association. At the Council's discretion, this 2% in assessments collected in Zones 2 and 3 may be used to repay a capital infrastructure bond if Council chooses to issue bonds. Until and unless bonds are issued in Zones 2 and 3, any funds collected in these zones will go to the CVCC and used in the same way as monies collected in Zone 1. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on the benefit received, stays at RV parks and campgrounds within the Boundaries of the CVTMD shall not be assessed. The assessments levied for the CVTMD shall be applied toward the operation of the Chula Vista Visitor's Information Center, sales promotion and marketing programs to market Chula Vista as a tourist, meeting and event destination, and other capital improvements as set forth in Streets and Highways Code 9 36610. The assessments will also be used to fund 50% of a Graphic Designer City staff position, which will provide a continuation of support for marketing and promotion programs for the CVCC and CVCVB. Funds remaining at the end of any year may be used in subsequent years in which CVTMD assessments are levied as long as they are used consistent with the requirements of this resolution. The attached resolution is the first action required for the formation of the Chula Vista Tourism Marketing District. State law reqltires that the City shall first declare its intent to establish the district and levy the assessment, and establish the date and time for a public meeting and subsequent public hearing on the formation of the CVTMD. The adoption of the resolution establishes May 26, 2009 as the date of the public meeting, and July 14,2009 as the date of the public hearing. At the public hearing an Ordinance will be introduced that, upon adoption, will allow for the formation of the CVTMD. 10-3 MA Y 12, 2009, Item~ Page 4 of 4 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT There will be no fiscal impact to the City's General Fund as a result of this action. ONGOING FISCAL IMP ACT There will be no fiscal impact to the City's General Fund as a result of this action. ATTACHMENTS I. Chula Vista Tourism Marketing District, Management District Plan 2. Chula Vista Tourism Marketing District - Petition Prepared bY' Denny Stone, Economic Development Officer. Development Services 10-4 ATTACHMENT 1 CHULA VISTA TOURISM MARKETING DISTRICT MANAGEMENT DISTRICT PLAN Submitted to the Chula Vista Chamber of Commerce And the Chula Vista Convention and Visitors Bureau April 28, 2009 by Downtown Resources Ddlw,NT~oWJN ~i .:;:c'l~ ";,',A. :~:,,?; ,^, ;:,;~'.' ",'. l or, 10-5 CHULA VISTA TOURISM MARKETING DISTRICT MANAGEMENT DISTRICT PLAN TABLE OF CONTENTS I. INTRODUCTION AND OVERVIEW ...........................................................................2 II. WHY A TOURISM MARKETING DISTRICT FOR CHULA VISTA? .......................4 III. WHAT IS A TOURISM MARKETING DISTRICT? ....................................................5 IV. CHULA VISTA TOURISM MARKETING DISTRICT BOUNDARY ........................6 V. SERVICE PLAN AND BUDGET ..................................................................................7 VI. TOURISM MAKERTING DISTRICT GOVERNANCE.............................................10 APPENDIX 1 - THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994. .. .. . . . . . . . . . . . . . . .. . .. .. .. . . . . . . . . . . . . . . . .. . .. . .. . . . .. . .. . .. . . . . .. . . . . . . . . . . .. . . . . .. . . . .. . . . . .. . . . . . . .. . . ...1 1 APPENDIX 2 - LODGING BUSINESSES TO BE ASSESSED WITHIN CHULA VISTA TMD.................. ...................................:...................................................................................21 Chula Vista Tourism Marketing District Management District Plan 10-6 Page 1 I. INTRODUCTION AND OVERVIEW Developed by the Chula Vista Chamber of Commerce (CVCC) and the Chula Vista Convention and Visitors Bureau (CVCVB), the Chula Vista Tourism Marketing District (CVTMD) is a benefit assessment district proposed to help fund marketing and sales promotion efforts for Chula Vista lodging businesses, and to pay for capital infrastructure west of Highway 5 and within the Eastern Urban Center. This approach has been used successfully in other destination areas throughout the country to improve tourism and drive additional room nights. Location: The proposed CVTMD includes all lodging businesses located within the boundaries of the city of Chula Vista. Services: Marketing and sales promotions to increase tourism and to market Chula Vista as a tourist, meeting and event destination. Budget: The total CVTMD budget for year one of its five (5) year operation is a base of approximately $650,000. Cost: Annual assessment rates are 2.5% of gross short term (stays less than 31 days) room rental revenue on lodging businesses. The District shall have three zones. Zone 1 shall include the area of Chula Vista east of Interstate 5 with the exception of the Eastern Urban Center. Zone 2 shall include all hotels and motels west of Interstate 5. Zone 3 shall include all hotels and motels in the Eastern Urban Center. The Eastern Urban Center is bound by State Route 125 to the west, Birch Road to the north, EastIake Parkway to the east and the future extension of Hunte Parkway to the south. Bonds may be issued in Zone 2 and Zone 3. In Zone 1, the monies collected from the special assessment will go to the Owners' Association. In Zone 2 and Zone 3, 2.0% of the 2.5% collected will go towards capital improvements, and the remaining 0.5% will go to Owners' Association. At the Council's discretion, this 2% in assessments collected in Zones 2 and 3 may be used to repay a capital infrastructure bond if Council chooses to issue bonds. Until and unless bonds are issued in Zones 2 and 3, any funds collected in these zones will go to the CVCC and used in the same way as monies collected in Zone 1. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on the benefit received, stays at RV parks and campgrounds within the Boundaries of the CVTMD shall not be assessed. Formation: TMD formation requires submittal of petitions from lodging businesses representing more than 50% of the total annual assessment followed by a City Council hearing and an opportunity for a written protest. The assessed lodging business owners will receive notice of the public hearing by mail. If there is a majority written protest, the TMD will not be formed. Chula Vista Tourism Marketing District Management District Plan 10-7 Page 2 Duration: The proposed District CVTMD will have a five-year life. The assessments used to repay bond debt shall have a term of 30 years. The CVTMD assessment will be implemented beginning July 15,2009. Once per year there is a 30 day period in which owners paying more than 50% of the assessment may protest and terminate the district. Chula Vista Tourism Marketing District Management District Plan 10-8 Page 3 IJI. WHY A TOURISM MARKETING DISTRICT FOR CHULA VISTA? There are several reasons why now is the right time to form a Tourism Marketing District in Chula Vista; the most compelling reasons are as follows: 1. The Need to Increase Occupancy The formation of the CVTMD is a proactive effort to provide supplemental funding beyond that provided by the City of Chula Vista. The funding ensures the CVCC and the CVCVB have adequate financing for the investment required to increase occupancy in the lodging industry and reach competitive in the conference segment of the tourism market. The investment will cover an expanded marketing and promotional budget needed to reach this market segment. 2. An Opportunity for Increasing City Tax Revenues As occupancy rates increase, so too will the City's TOT revenue. With stable public/private funding for the CVCC and the CVCVB, annual occupancy rates should increase significantly as the new marketing and sales promotion programs are implemented. Greater occupancy will also produce an increase in sales tax revenues from tourist spending. This represents a substantial return to the City. The formation of a CVTMD in partnership with the CVCC and the CVCVB creates a stable funding source tied directly to tourism promotion 3. The Ability to Grow the Economy without Substantial Development The CVCC and the CVCVB expect to achieve the above levels of revenue growth without a proportionate increase in the "footprint" of the tourism industry infrastructure. Little or no development should be required to raise average occupancy rates. Any development required to raise occupancy rates even more should be relatively minor in scope compared to the existing facilities. 4. The Opportunity to Fund Infrastructure West of Highway 5 and within the Eastern Urban Center The CVTMD will utilize 2% of the total gross revenues to repay a capital infrastructure bond. These bond monies will be used to construct needed improvements west of Interstate 5 and within the Eastern Urban Center. Chula Vista Tourism Marketing District Management District Plan 10-9 Page 4 HI. WHAT:n:S A TOURISM MARKET:n:NG DISTR:n:CT? Tourism Marketing Districts (TMDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism districts. Tourism Marketing Districts allow lodging and tourism-related business owners to organize their efforts to increase tourism. Tourism-related business owners within the district fund a TMD, and those funds are used to provide services that the businesses desire and that benefit the lodging businesses within the District. Tourism Marketing District services may include, but are not limited to: >- Operation of the Chula Vista Visitor Information Center >- Marketing of the Area >- Tourism Promotion Activities >- Sales Lead Generation >- Infrastructure Financing In California, Tourism Marketing Districts are formed pursuant to the Property and Business Improvement District Law of 1994 (PBID Law). This law allow for the creation of a special benefit assessment district to raise funds within a specific geographic area. The key difference between TMDs and other special benefit assessment districts is that funds raised are returned to the vrivate non-vro(it corvo ration governing the district. There are many benefits to Tourism Marketing Districts: >- Funds cannot be diverted for other government programs; >- Tourism Marketing Districts are customized to fit the needs of each tourism district; >- They allow for a wide range of services, including those listed above; >- Tourism Marketing Districts are designed, created and governed by those who will pay the assessment; >- The statute requires petition support from lodging businesses paying over 50% of the annual proposed assessments; >- They provide a stable funding source for tourism promotion. The Property and Business Improvement District Law of 1994 (AB 3754), as amended January 1, 2009, is provided in Appendix 1 of this document. Chula Vista Tourism Marketing District Management District Plan 10-10 Page 5 IV. CHULA VISTA TMD BOUNDARY The Chula Vista TMD will include all lodging businesses, existing and in the future, available for public occupancy within the boundaries of the city of Chula Vista. The boundary currently includes 23 lodging business. Please see the map below. A larger map is available on request by calling (619) 420-6603. =-::>,---_.... ~. /v) -=::? - ---1 -, -=-~ 'I c- , ; , , . 1.___,0- ----- "'y\' . /~;~:"",-'i i' I, .' -"L,.; F:;;':::.c;:__~- ;f " ~;I" '\ ~~_ :~N,,,,,,,,c.~O ., -----.,,/' '" '. .' . .' :...o'"",D<>;,= , .,r /' ~\'--" _.J"'- """""" ,.' \ \; '--l.~.. ~ / /---T-\'-'- "...."',_ /". '\ i ' ./ ,~..... ,./-....t~r.~>. <.._.>:: ~~T~;:.I'':'<: .~ . , ..-'. v/, .L..' 1 \ ....\~;~~7..";;;..\-\ /:~~;i:::=L,~~- -~::'r' "(" /;~;' ,. (' ':::,~~,,:~';::'M':Y"G~~t:Y<:pf~Jiuta-V"is{a i \;~/ ..21 ....~~~\_.\-c-~G~V}~-~I,--~. .~---+------'\... ~r-'--<"'~~j ,"', .,._<>1,,' , " ,,' ~ \ ...J\, ,,)4' \ .. 3~'0.~;f!\~'~1:: .I'~ ,J:6'p,.y ~~ch , , L )j, ,- ' ~ \.. '<:,..\__.....1\::11 _L f ' -~-~-.._---,~J./ --.----- \. .]! A 1l0RJI'i :':;y.~l :.~ ::le-;~ '... ~.~ :(:;-'\"yd%z"';:,;,f1'~ .-..~~.... i '-...~, f .;>{ ! It., Chula Vista Tourism Marketing District Management District Plan 10-11 Page 6 SERV][CE PLAN AND BUDGET A. Assessment The Tourism Marketing District annual assessment rates are based upon 2.5% of gross short term (stays less than 31 days) room rental revenue per night for hotels or motels. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on benefits received, stays at RV parks and campgrounds within the boundaries of the CVTMD shall not be assessed. Bonds may be issued. The amount of assessment, if passed on to each transient, shall be separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. B. Determination of Special Benefit State law provides that the expenses of the district shall be apportioned in proportion to the benefit received by assessed businesses. A special benefit is defined as a particular and distinct benefit over and above general benefits conferred on the public at large. Conversely, a general benefit is a benefit to businesses in the surrounding community or a benefit to the public in general resulting from the improvement, activity or service to be provided by the assessment levied. Many general benefits to the public at large are conveyed by municipal services, such as fire protection, police services and public transit services. These services are targeted to serve the public at large and do not confer special benefits on particular businesses. The services in this Management District Plan are designed to provide targeted services to lodging businesses. These services are tailored not to serve the general public, but rather to serve the specific lodging businesses within the District, e.g., the proposed activities are specifically targeted to increase room nights for assessed lodging businesses within the boundaries of the District, and are narrowly tailored. TMD funds will be used exclusively to benefit the assesses. The activities paid for from assessment revenue are lodging business services creating special benefit to those businesses. In addition, these activities are not for the benefit of the general public and do not provide general benefit as defined above. All general benefits (if any) to the surrounding community and general public are intangible and unquantifiable. It is appropriate that these special business-related benefits be funded through business assessments. C. Time and Manner for Collecting Assessments The CVTMD assessment will be implemented beginning July 15,2009 and will continue for five years. The assessments used to repay bond debt shall have a term of30 years. The City ofChula Chula Vista Tourism Marketing District Management District Plan 10-12 Page 7 Vista will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each lodging business located in that the boundaries of the TMD. Assessments shall be collected monthly and the City shall take all reasonable efforts to collect the assessments from each lodging business. The City of Chula Vista shall forward the assessments to the CVCC which will have the responsibility to manage the TMD programs as provided in the Management District Plan. D. Service Plan Budget and Programs to be Provided: Service Plan Budget Summary- Calendar Years 2009-2014 The summary of the calendar year 2009 (year one) service plan budget for the CVTMD is provided on the following pages. The total five year improvement and service plan budget is projected at approximately $650,000 annually, or $3.25 million through 2014. E. Annual Service Plan: A service plan budget has been developed to deliver service levels throughout the District. An annual service plan and budget will be developed and approved by the CVCC Board. Please see the budget exhibit below. The budget also includes a portion for contingencies and renewal of the District. Should the CVCC Board approve, funds may be appropriated for the renewal effort. If there are funds remaining at the end of the District term and lodging businesses choose to renew, these remaining funds could be transferred to the renewed District. If there are funds remaining at the end of the District and lodging businesses choose not to renew, any remaining funds will be spent consistent with this Plan. Chula Vista Tourism Marketing District Management District Plan 10-13 Page 8 Chula Vista Tourism Marketing District Annual Budget, Year One Total Tourism District Bud et Chula Vista Tourism Marketing District Management District Plan 10-14 Page 9 v. BID GOVERNANCE A. Chula Vista Tourism Marketing District Corporation Governance The CVCC will serve as the Owners' Association for the CVTMD. The CEO of the CVCC will be charged with the day-to-day operations of the Tourism Marketing District. Chula Vista Tourism Marketing District Management District Plan 10-15 Page 10 APPENDIX 1- THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 STREETS AND HIGHWAYS CODE SECTION 36600 et seq. As Amended January 1, 2009 Declarations 36600. This part shall be known and may be cited as the "Property and Business Improvement District Law of 1994." 36601. The Legislature fInds and declares all of the following: (a) Businesses located and operating within the business districts of this state's communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of the business districts of its cities in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefIt to allow cities to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that benefIts from those improvements. (d) Assessments levied for the purpose of providing improvements and promoting activities that benefIt real property or businesses are not taxes for the general benefIt of a city, but are assessments for the improvements and activities which confer special benefIts upon the real property or businesses for which the improvements and activities are provided. 36602. The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within a business improvement area. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. 36603. Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Any provision in this part that conflicts with any other provision of law shall prevail over the other provision of law. 36604. This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes. Chula Vista Tourism Marketing District Management District Plan 10-16 Page 11 Definitions 36606. "Assessment" means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the properties or businesses located within a property and business improvement district. 36607. "Business" means all types of businesses and includes fmancial institutions and professions. 36608. "City" means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Ticle 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county. 36609. "City council" means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36610. "Improvement" means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following: (a) Parking facilities. (b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms. (d) Lighting and heating facilities. (e) Decorations. (f) Parks. (g) Fountains. (h) Planting areas. (i) Closing, opening, widening, or narrowing of existing streets. G) Facilities or equipment, or both, to enhance security of persons and property within thearea. (k) Ramps, sidewalks, plazas, and pedestrian malls. (1) Rehabilitation or removal of existing structures. 36611. "Property and business improvement district," or "district," means a property and business improvement district established pursuant to this part. 36612. "Property" means real property situated within a district. 36613. "Activities" means, but is not limited to, all of the following: (a) Promotion of public events which benefit businesses or real property in the district. (b) Furnishing of music in any public place within the district. (c) Promotion of tourism within the district. (d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Activities which benefit businesses and real property located in the district. 36614. "Management di'strict plan" or "plan" means a proposal as defmed in Section 36622. Chula Vista Tourism Marketing District Management District Plan 10-17 Page 12 36614.5. "Owners' association" means a private nonprofit entity that is under contract with a city to administer or implement activities and improvements specified in the management district plan. An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners' association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part.1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all documents relating to activities of the district. 36615. "Property owner" or "owner" means any person shown as the owner oEland on the last equalized assessment roll or otherwise known to be the owner of land by the city council. The city council has no obligation to obtain other information as to the ownership of land, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this subdivision requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. 36616. "Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. Prior Law 36617. This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part. Establishment 36620. A property and business improvement district may be established as provided in this chapter. 36620.5. A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city. 36621. (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all Chula Vista Tourism Marketing District Management District Plan 10-18 Page 13 assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following: (1) A map showing the boundaries of the district. (2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements and activities and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623. 36622. The management district plan shall contain all of the following: (a) A map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. (b) The name of the proposed district. (c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected lands and businesses included. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements and activities proposed for each year of operation of the district and the maximum cost thereof. (e) The total annual amount proposed to be expended for improvements, maintenance and operations, and debt service in each year of operation of the district. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements. (g) The time and manner of collecting the assessments. (h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. Chula Vista Tourism Marketing District Management District Plan 10-19 Page 14 (i) The proposed time for implementation and completion of the management district plan. G) Any proposed rules and regulations to be applicable to the' district. (k) A list of the properties or businesses to be assessed, including the assessor's parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof, including operation and maintenance. The plan may provide that all or any class or category of real property which is exempt by law from real property taxation may nevertheless be included within the boundaries of the district but shall not be subject to assessment on real property. 0) Any other item or matter required to be incorporated therein by the city counciL 36623.(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be ftled with the clerk at or before the time fL'(ed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is, the owner of the business. A written protest which does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners of businesses in the proposed district which will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. 36624. At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements or activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. (a) If the city council, following the public hearing, decides to establish the proposed property and business improvement district, the city council shall adopt a resolution of formation that shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement about whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements and activities and the location and extent of the proposed district. Chula Vista Tourism Marketing District Management District Plan 10-20 Page 15 (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received. (5) A statement that the properties or businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements and activities to be provided in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements and activities funded by the assessments proposed to be levied. (b) The adoption of the resolution of formation and recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan. 36626. If the city council, following tlle public hearing, desires to establish the proposed property and business improvement district, and the city council has not made changes pursuant to Section 36624, or has made changes that do not substantially change the proposed assessment, the city council shall adopt a resolution establishing the district. The resolution shall contain all of the information specified in paragraphs (1) to (8), inclusive, of subdivision (b) of Section 36625, but need not contain information about the preliminary resolution if none has been adopted. 36627. Following adoption of the resolution establishing the district pursuant to Section 36625 or 36626, the clerk of the city shall record a notice and an assessment diagram pursuant to Section 3114. If the assessment is levied on businesses, the text of the recorded notice shall be modified to reflect that the assessment will be levied on businesses, or specified categories of businesses, within the area of the district. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided \vithin the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements and activities. 36629. All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, Chula Vista Tourism Marketing District Management District Plan 10-21 Page 16 modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a parking and business improvement area. 36630. If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and a new district established pursuant to this part. Assessments 36631. The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution establishing the management district plan described in Section 36622. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part shall be charged interest and penalties. 36632. (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part. (b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part. (c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. 36633. The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36626. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. 36634. The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. The owners' association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. (a) Upon the written request of the owners' association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public meetings and public hearings pursuant to this section shall comply with both of the following: (1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public meeting. Chula Vista Tourism Marketing District Management District Plan 10-22 Page 17 (2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public meeting, to each business owner or property owner affected by the proposed modification. (b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention. 36637. Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. Financing 36640. (a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 ofTicle 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years. (c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt. Governance 36650. (a) The owners' association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements and activities described in the report. The owners' association's first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used. (b) The report shall be fued with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements and the activities for that fiscal year. (4) The method and basis of ievying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year. Chula Vista Tourism Marketing District Management District Plan 10-23 Page 18 (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. (6) The amount of any contributions to be made from sources other than assessments levied pursuant to this part. (c) The 'city council may approve the report as filed by the owners' association or may modify any particular ,contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. The management district plan may, but is not required to, state that an owners' association will provide the improvements or activities described in the management district plan. If the management district plan designates an owners' association, the city shall contract with the designated nonprofit corporation to provide services. Renewal 36660. (a) Any district previously established whose term has expired, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district. Disestablishment 36670. (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances: (1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assesses may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners of real property or of businesses in the area who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to L.~e public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each Chula Vista Tourism Marketing District Management District Plan 10-24 Page 19 business subject to assessmen:t in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not mor~ than 60 days after the adoption of the resolution of intention. 36671. (a) Upon the disestablishment of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. Chula Vista Tourism Marketing District Management District Plan 10-25 Page 20 APPENDIX 2 - LODGING BUSINESSES TO BE ASSESSED WITHIN THE CVTMD: Best Western Chula Vista La Quinta Inn Harborview Inn 150 Bonita Road 1089 Broadway 946 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 Chula Vista, CA 91911 (619) 691-1211 (619) 422-2967 (619) 691-6868 Ramada Inn Highway Inn Best Western South Bay 91 Bonita Road 70 Broadway Inn Chula Vista, CA 91910 Chu1a Vista, CA 91910 710 E Street (619) 425-9999 (619) 691-8118 Chula Vista, CA 91910 (619) 420-5183 Travel Inn Motel 6 394 Broadway 745 E Street Big 7 Motel Chula Vista, CA 91910 Chula Vista, CA 91910 333 Broadway (619) 420-6600 (619) 422-4200 Chula Vista, CA 91910 (619) 422-9278 Avon Palomar Inn 99 Broadway 801 Palomar Street Days Inn Chula Vista, CA 91910 Chula Vista, CA 91910 699 E Street (619) 422-6002 (619) 423-9170 Chula Vista, CA 91910 (619) 585-1999 Bay Cities Motel Palomar Motel 846 Broadway 1160 Walnut Avenue El Primero Botique Hotel Chula Vista, CA 91911 Chula Vista, CA 91911 416 Third A venue (619) 420-2951 (619) 575-2944 Chula Vista, CA 91910 (619) 425-4486 Comfort Inn & Suites Riviera Motel 632 E Street 372 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 Good Nite Inn (619) 476-8635 (619) 422-1987 225 Bay Boulevard Chula Vista, CA 91910 Early California Travel Inn & Suites (619) 425-8200 692 H Street 235 Woodlawn Avenue Chula Vista, CA 91910 Chula Vista, CA 91910 Holiday Inn Express (619) 425-3862 (619) 427-9170 4450 Main Street Chula Vista, CA 91911 Farmhouse Motel Vagabond Inn (619) 422-2600 523 Amita Street 230 Broadway Chula Vista, CA 91910 Chula Vista, CA 91910 (619) 422-5568 (619) 422-8305 Chula Vista Tourism Marketing District Management District Plan 10-26 Page 21 ATTACHMENT 2 PETITION TO THE CITY OF CHULA VISTA TO CREATE A TOURISM MARKETING DISTRICT We petition you to initiate special assessment proceedings to create a Tourism Marketing District (TMD) in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the TMD as described in the attached summary of the Management District Plan attached hereto as Exhibit A. Lodging Establishment Business Owner Owner Representative/Owner Name (printed) Owner/Representative Signature Date 10-27 Exhibit A Summary of the Mana~ement District Plan The Management District Plan provides for the provision of. sales promotions and marketing programs for the Chula Vista area, and to pay for capitol infrastructure west of Highway 5 and within the Eastern Urban Center. The Chula Vista Tourism Marketing District (CVTMD) shall be established for 5 years and will raise approximately $650,000 per year in assessments. The assessments used to pay bond debt shall have a term of 30 years. The boundaries of the CVTMD will be the city limits of Chula Vista. The CVTMD will only include hotels and motels. Within the boundaries of the CVTMD there shall be three zones. Zone 1 shall include the area of Chula Vista east of Interstate 5 with the exception of the Eastern Urban Center. Zone 2 shall include all hotels and motels west of Interstate 5. Zone 3 shall include all hotels and motels in the Eastern Urban Center. The Eastern Urban Center is bound by State Route 125 to the west, Birch Road to the north, Eastlake Parkway to the east and the future extension of Hunte Parkway to the south. Bonds shall be issued in Zone 2 and Zone 3. A detailed map is attached. Services the CVTMD will provide include the operation of the Chula Vista Visitors Information Center, sales promotion and marketing programs designed to market Chula Vista as a tourist, meeting and event destination. In addition, assessment dollars will pay for infrastructure west of Highway 5 and within the Eastern Urban Center. Annual assessment rates are 2.5% of gross short term (stays less than 31 days) room rental revenue on lodging businesses. In Zone 1, the monies collected from the special assessment will go to the Owners' Association. In Zone 2 and Zone 3, 2.0% of the 2.5% collected will go towards capital improvements, and the remaining 0.5% will go to Owners' Association. At the Council's discretion, this 2% in assessments collected in Zones 2 and 3 may be used to repay a capital infrastructure bond if Council chooses to issue bonds. Until and unless bonds are issued in Zones 2 and 3, any funds collected in these zones will go to the CVCC and used in the same way as monies collected in Zone 1. Lodging business stays of 31 or more consecutive days shall not be assessed. Based on the benefit received, stays at RV parks and campgrounds within the Boundaries of the CVTMD shall not be assessed. The proposed District CVTMD shall have a five-year life. The assessments used to pay bond debt shall have a term of 30 years. The CVTMD assessment will be implemented beginning June 1,2009. Once per year there is a 30 day period in which owners paying more than 50% of the assessment may protest and terminate the portion of the district that is not used to repay bonds. 10-28 A complete Management District Plan can be obtained by contacting the Chula Vista Chamber of Commerce or the Chula Vista Convention & Visitors Bureau at the address or phone number below. A complete Management District Plan shall be furnished upon request. If you have any questions please contact us at: Chula Vista Chamber of Commerce 233 4th Avenue Chula Vista, CA 91910 (619) 420-6603 L isa@chulavistachamber.org Chula Vista Convention and Visitors Bureau 750 E Street Chula Vista, CA 91910 (619) 420-6603 Lisa@chu1avistachamber.org 10-29 Chula Vista Tourism Marketin!.!: District Boundaries A / .- 1".., r.,.,.,-".o r i J' J./ ~~::;':.:':' _-w ~..J'J. ':L." ...~'"'..~ "p-"'\. " ,--'" .tF "\. ~... I~ 7'" .~ \1., _,__ /'. -'~"'r'-'l ..e').}:.;,...... '- . ,~ --"_. -,- / ",,"',.,. \., ~"'~" '-,1 ,::::::.\"-'-'~ ~-.. -- .-"-. - .- -J'- -'-., ..-_,,:' I " \ '. i "'\, "'/~ 'I'" ,...- .A \ /' ... ~, /~ 1,..):;. , \, .....-c.:....-- ft ~~. fl" -1"--"-"-. "l.' ',,--, -'''''",....-''1--M \ .--j-'"" \) \ .............___ _j'" <".-r_....___~) \ ~/ I 1..__:-.----.....) _\~:~,~~~i:~~,:~~:\:) \". '. ".---.-r~ -----"--}~~::~><':~-- ~.~~.--..-....."J/-? .~. , '. !.,'t- \ I ~... \ " .....__; / ^,",--,",_wo ~_',- <" ,,'"-. '\. ,....,..r." j :.._..~\--' ,_-..'.;--. ...--. ...... -"---,_ .o""'l"- {..""'\ ,. - ._-l;_.<~\.-_~-A,-_:,.-\ _.---~'\..---.:::::r;---- I I ,/ j ~ ( -:~.~,:.;::~\~~\-~(.,C~r:Y~~~ ~.~lilfla-yi~ta r(,~:>/- " --i--- . _--~.1. \ :..--\>--' '-..3.;----. .-l..-..!..--'-.--."" ~" f:A-\ \ \1-. r- ~'i.._', ,/.J.-- :;,,1 ; \>,..--~- ~...... \ \ ./i "...-''''--'\ "1 Zo ne 1 ;, .-'" d<Y - \ .' \~~~?\/ \y~!\.f. ~~.B i;~_ \ \:--r't'-'~;:,..t-/. l / I · L~:3i~ ". ,/~\bt.~y f \,:,~t~~:----~.J.l (' r~i-'-----_.-~{~~-----.--..,/ ..., . II t .... ! .~\ l ! l ( I i . ~!. r~~--~'''', ,-"--, r-= ~~--~- ._1 -' .-\ /-. ~_-"-~ .., _ .r *-~.....-'- C /- ~v;: " =.:: ----; ......., ~ I \' t.-.. ::.1"f :t:'::"i:;t{~.:, IC~'7 .~...1 \~j. I' ,-'" /' ~ .o/.><__r"'" ~ r ~J _./ "'---., ..' 1 1 i i , I j ,i) .,' ::!::-:-J'~~ c! ~.::r". c;.;.~ 1I0RTl-i f 10-30 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER THE ES,T ABLISHMENT OF THE CHULA VISTA TOURISM MARKETING DISTRICT (CVTMD) FOR THE PURPOSE OF LEVYING AND COLLECTING ASSESSMENTS ON LODGING BUSINESSES WHEREAS, the City of Chula Vista has historically provided annual funding to the Chula Vista Chamber of Commerce (CVCC) for the operation of the Chula Vista Convention and Visitors Bureau (CVCVB); and WHEREAS, as part of the budget reduction actions undertaken in Fiscal Years 2007/2008, City funding for the Convention and Visitors Bureau was reduced and then eliminated; and WHEREAS, the CVCC and the CVCVB, working in concert with lodging and business owners and members of the business community has prepared a plan for the formation of Chula Vista Tourism Marketing District (CVTMD) which will levy a self-assessment on motel and hotel rooms; and WHEREAS, the CVTMD will create a source of funding for renewed operation of the Convention and Visitors Bureau and for expanded promotion of tourism opportunities in the City; and WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code 9 36600 et seq., authorizes cities to establish property and business improvement districts for the purposes of promoting tourism; and WHEREAS, the Chula Vista Chamber of Commerce (CVCC) and the Chula Vista Convention and Visitors Bureau (CVCVB) composed of lodging business owners, members of the business community and representatives from the City of Chula Vista have met to consider the formation of the Chula Vista Tourism Marketing District (CVTMD); and WHEREAS, the CVCC and the CVCVB has drafted a Management District Plan which sets forth the proposed boundary of the CVTMD, a service plan and budget, and a proposed means of governance; and WHEREAS, a majority of the lodging business owners subject to assessment proposed in the Management District Plan, that will pay more than fifty (50) percent of the assessment have signed and submitted petitions to the City Council in support of the formation and establishment of the CVTMD; and 10-31 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby: 1. Accepts the petition requesting the initiation of proceedings to consider the establishment of the CVTMD to levy and collect assessments on lodging businesses within the proposed CVTMD boundaries pursuant to the Property and Business Improvement District Law of 1994. 2. Declares its intention to initiate proceedings to establish the CVTMD and to levy and collect assessments on lodging businesses within the CVTMD boundaries pursuant to the Property and Business Improvement District Law of 1994. Gary Halbert, P.E., AICP Deputy City Manager / Development Services Director Presented by: 10-32 CITY COUNCIL AGENDA STATEMENT ~u~ CITY OF '-~ (HUlA VISfA ITEM TITLE: SUBMITTED BY: REVIEWED BY: MAY 12,2009, Item-LL RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL OF AN ENERGY EFFICIENCY & CONSERV ATION BLOCK GRANT APPLICA TION TO THE DEP ARTMENT OF ENERGY FOR $1,974,300 AND AUTHORIZING THE CITY M.A.NAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY T() OBTAIN AND MANAGE GRANT FUNDS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF A LOAN APPLICATION TO THE CALIFORNIA ENERGY COMMISSION AND PARTICIPATION IN THE SDG&E ON- BILL FINANCING PROGRAM FOR UP TO $7.1 MILLION A..ND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL LOAN AND/OR PROGRAM DOCUMENTS ASSOCIATED THEREWITH DIRECTOR OF CONSERVATION &,ENVIRONMENTAL ~ SERVICES ,/' ~ D DIRECTOR OF P~WORK~)>~ CITY MANAGE _ L__ ASSISTANT CITY NAGER S---;- 4/5THS VOTE: YES D NO ~ SUMMARY As part of the American Recovery & Reinvestment Act of 2009, the City of Chula Vista has been allocated $1,974,300 of Energy Efficiency & Conservation Block Grants (EECBG) 'to implement strategies to reduce energy use and lower fossil fuel emissions.' Staff has compiled a list of energy-saving projects and programs to include in its EECBG application based on the priorities established in the Council-approved Chula Vista Energy Strategy & Action Plan (2001), Municipal Building Energy Efficiency Policy (2005), Climate Measures Implementation Plans (2008) and the additional community feedback at a City-sponsored 11-1 MAY 12,2009, Item--1L Page 2 of6 workshop on March 23, 2009. Staff is also requesting City Council authorization to implement up to $7.1 million in additional financing options (CEC Loans and SDG&E On- Bill Financing) to invest in additional energy efficiency and renewable energy projects that leverage EECBG funds and ma"Ximize the opportunity to achieve peak energy and greenhouse gas (GHG) emissions reductions. After the resulting energy cost savings are used to repay the fmancing debt service, typically 3-7 years, the City would realize the annual cost savings in its General Fund. Implementation of the full project list would reduce annual municipal energy consumption and costs by an estimated 5 million kilowatt hours and $850,000, respectively, and lower municipal greenhouse gas emissions by approximately 10%. The community portion of the project is. estimated to reduce small business and residential property energy consumption by 3.6 million kilowatt hours and 360,000 therms for a projected annual estimated savings of approximately $1 million. This community portion of the project funds will also be leveraged to invest in reductions in residential and small business water consumption. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that-the activity is not a "Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines, because the proposed action involves the submittal of a grant application which would not 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. Thus, no environmental review is necessary. RECOMMENDA nON Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDA nON Although the Resource Conservation Commission did not take formal action, the Commission expressed general support for staffs EECBG strategy at their April 27, 2009 meeting. DISCUSSION As part of the federal Energy Independence & Security Act of2007, Congress authorized a new Department of Energy program entitled Energy Efficiency & Conservation Block Grants (EECBG) which was designed to provide local governments funding to implement strategies to reduce energy use and lower fossil fuel emissions. Although the original 5-year EECBG program never received federal appropriations, the American Recovery & Reinvestment Act of 2009 did include $3.2 billion to support limited EECBG funding throughout the nation. As a result, the CitY of Chula Vista has been allocated $1,974,300 in EECBG funding based on its population (daytime and fulltime) size. The City is now required to submit a formal application to the Department of Energy by June 25, 2009 outlining its strategy for using the grant funds. Local governments are encouraged to prioritize energy efficiency opportunities, link efforts to 11-2 MAY 12,2009, Item-.lL Page 3 of6 long-term community priorities and programs, leverage non-federal resources, help create jobs and stimulate the economy. Once the Department of Energy approves the City's submitted application, Chu1a Vista will have 36 months to complete the identified projects and invest the funds in a manner that complements the City's environmental and economic sustainability goals. Using the policy guidance and pnontles identified in the Council-approved Energy Strategy & Action Plan (Resolution #2001-062), Municipal Building Energy Efficiency Policy (Resolution #2005-048) and Climate Measures Implementation Plans (Resolution #2008-177) as well as community feedback at a City-sponsored workshop on March 23, 2009, staff has compiled a list of projects and programs to fund using the EECBG. These projects balance the City's goals of reducing annual municipal energy costs (i.e. General Fund costs) by installing more energy efficient technologies and renewable energy systems at municipal facilities with supporting a community-focused energy efficiency and solar conversion program to help residents and businesses reduce monthly energy use and costs. The selected projects are prioritized to maximize the City's ability to achieve its economic and environmental sustainability objectives and to utilize funding sources that best fit the project's eligibility and return on investment. The identified projects target local air quality improvements and reductions in Chula Vista's peak energy , demand decreasing the need for local peak power generation such as the South Bay Power Plant. The projects also contribute to the reduction of the City's "carbon" or greenhouse gas emissions and produce net utility savings for the City and community participants. To leverage the federal EECBG funds, staff has identified additional priority projects which would further produce municipal energy savings and lower carbon emissions. These projects would be funded through the use of either California Energy Commission (CEC) Loans (3.95% interest rate) or San Diego Gas & Electric (SDG&E) On-Bill Financing (0% interest rate) depending on individual project parameters and financing guidelines. Both financing mechanisms are designed to use the resulting energy cost savings from the energy efficiency or renewable energy retrofits to repay the applicable debt service resulting in no net impact to the City's General Fund. Both financing options also have a valuable risk management feature that allows projects to adjust their payments to match actual energy savings if there are unforeseen circumstances and the projects are otherwise compliant: Once the loans are repaid, the energy cost savings would be realized in the General Fund. On September 25, 2007 (Resolution #2007-241), City Council authorized staff to pursue up to $2 million in CEC Loans and/or SDG&E On-Bill Financing to fund energy efficiency projects at municipal facilities. To date, approximately $925,000 of CEC Loans have been initiated which have resulted in 25 completed municipal efficiency projects and $194,000 in annual energy cost savings leaving approximately $1,075,000 in Council authorization remaining. As a complement to the City's EECBG, staff is requesting authorization to pursue up to $ 7.1 million in additional CEC Loan and/or SDG&E On-Bill Financing to fully implement the energy- saving projects identified in Attachment A. If additional EECBG become available, staff would use the federal funding in lieu of CEC Loan and/or SDG&E On-Bill Financing options to fund the supplemental projects. 11-3 MAY 12, 2009, Item~ Page 4 of6 Below are short descriptions of the priority projects as outlined in Attachment A: 1. EECBG Administration - The Department of Energy guidelines allow the City to use up to 10% of EECBG for administrative costs such as grant management and reporting. However, staff is proposing to use only 5% in order to maximize the funding available for on-the-ground, energy-saving projects and programs. The City would also use the Conservation and Environmental Services (CES) Department budget and portion of its Local Government Partnership. funds to effectively complement these administrative costs. The Partnership funds are provided by the California Public Utilities Commission and SDG&E on a 3-year contract basis which is currently secured through December 2011. 2. Home Upgrade, Carbon Downgrade Program - The community-based energy efficiency and solar conversion program would provide financial assistance to small business and residential property owners for the installation of energy- saving equipment and appliances. Approximately up to $390,000 would be used to create a "revolving loan" which property owners could access to finance retrofits, while the remaining amount would be used for direct incentives and program implementation. The EECBG funds would be used to help launch a broader community conversion program as outlined in the Climate Measures Implementation Plans' Measure #5. The Council-adopted measure was designed to create an environmental and economical impetus for small businesses and residents to reduce their monthly energy and water costs, while stimulating local retail sales, green job training and employment. The majority of allocated funds would be invested in local retail purchases for energy efficiency materials and the creation of local green jobs. 3. Above-Ground Biodiesel Tank - EECBG funds would be used to install a 10,000- gallon biodiesel tank at the City's Public Works Corp Yard. The tank would allow the City to transition over 125 heavy-duty fleet vehicles to the alternative fuel source and contribute to reaching the 100% clean vehicle conversion goal as outlined in the Climate Measures Implementation Plans' Measure #1. The project. which has no other practical financial options available, will help the City achieve important local air quality and GHG reduction objectives for its heavy- duty fleet. This improvement also reduces opacity or particulates that contribute to local asthma and Chronic Obstructive Pulmonary Disease (COPD) by up to 72%. 4. Municipal Solar Installations - EECBG and CEC-Loan funds would be used to dramatically expand the City's on-site solar photovoltaic (PV) capacitY. Currently, 75 kW of solar PV are installed at the Civic Center Complex (30 kW), Police Headquarters (35 kW), Nature Center (6 kW) and Household Hazardous Waste Facility (4 k W) providing approximately 2% of municipal energy demand. As outlined in the Chula Vista Municipal Building Energy Efficiency Policy, the City's overall goal is to provide 20% or more ofthe total energy demand for City- 11-4 MAY 12, 2009, Item-LL Page50f6 owned facilities with renewable energv. It is anticipated with the EECBG and CEC Loan funds that the City could produce at least 10% of its energy demand with renewable energy. Depending on future electricity rate increases, the payback period is projected at 10 years or less. At the end of the payback period, the City would be meeting 10% of its energy demand from a non-fossil fuel resource with minimal maintenance costs. 5. Parkway Boiler & Solar Hot Water System - The project would install a new high-efficiency, condensing boiler and new solar hot water panels at the Parkway Recreation Center to provide domestic hot water and heat the swimming pool. Because the Center's current hot water equipment is at the end of its lifespan, the energy efficiency retrofit project would also help to defray future scheduled replacement costs. Coupling a new solar hot water system with the new boiler creates an opportunity to maximize the building's hot water efficiency and minimize the entire system's payback period. 6. Municipal Facility Lighting Retrofits (Phase 2) - The project would make energy efficiency upgrades to exterior and interior lighting fixtures and control systems at 54 municipal parks and buildings including Civic Center Library, Otay Recreation Center and Lorna Verde Recreation Center. The project would also upgrade the street lighting along the 3rd Avenue business district. The higher efficiency light bulbs typically have a longer lifespan than convention bulbs further increasing future municipal savings. 7. Municipal Heating & Air Conditioning Retrofits (Phase 2) - The project would make energy efficiency upgrades to the heating and air conditioning systems at the South Chula Vista Library and Public Works Corp Yard. Specifically, the retrofitted systems would include new air handler economizers, centrifugal compressors and advanced digital control systems. Because heating and cooling typically represents 40-50% of building energy use during the daytime, efficiency improvements directly reduce peak energy loads. 8. Illuminated Street Name Signs - The City currently operates approximately 700 street name signs illuminated with incandescent bulbs. The project would replace these signs with highly-reflective aluminum versions to reduce municipal energy demand and consumption. It would also eliminate current maintenance costs and staff time associated with replacing broken bulbs. 9. Energy Efficient Streetlights Replacement - The City currently operates and maintains over 8,000 streetlights which account for about 36% of annual municipal electricity use. The project would replace the light fixtures with energy efficient technologies, while being mindful of public safety concerns regarding light quality and coverage. The streetlight replacement project represents one of the City's best opportunities to increase municipal energy efficiency and generate over $440,000 in annual savings. 11-5 ML\ Y 12, 2009, Item~ Page 6 of6 For all described projects and funding sources, staff would return to City Council in the future to seek the necessary appropriations and project-level approvals, if required. DECISION MAKER CONFLICT Although some Councilmembers own property within a 500 foot radius of the properties involved in the decision making, pursuant to California Code of Regulations Section 1 8705.2(a)(1), no conflicts exist as the decision will have no financial effect on the Councilmembers' properties; therefore, the Councilmembers are not disqualified from participating in the decision making. CURRENT YEAR FISCAL IMP ACT The City's submission of EECBG and CEC Loans/SDG&E On-Bill Financing applications would not have a negative impact on the City's General Fund for the current fiscal year. All staff time costs associated with identifying potential energy-saving projects and preparing application materials are covered through the SDG&E Local Government Partnership funds. ONGOING FISCAL IMP ACT Once the City is awarded EECBG and CEC Loans/SDG&E On-Bill Financing, all capital improvement costs associated with the identified projects would be covered by the external funding sources. In addition, staff time costs associated with implementing the projects would be reimbursed through either EECBG or the SDG&E Local Government Partnership funds (i.e. no General Fund costs). For EECBG-funded projects, the City would realize immediate energy and operational cost savings. For projects funded through either the CEC Loans or SDG&E On-Bill Financing, the resulting energy cost savings would initially be used to repay the debt service, thus there would be no new impact to the General Fund. Once the debt service is repaid (typically within 3-7 years), the City would realize the annual energy cost savings in its General Fund. The identified projects are anticipated to eventually save the City over $850,000 in annual energy and operational costs. A TT ACHMENTS Attachment A - Potential Project List Attachment B - CEC Loan Information Attachment C - SDG&E On-Bill Financing Information Prepared by: Brendan Reed, Environmental Resource Manager. Conservation & Environmental Services 11-6 ENERGY EFFICIENCY & CONSERVATION BLOCK GRANTS (EECBG) POTENTIAL PROJECTS LIST I ATTACHMENT A I Updated: 5/05109 EECBG Administration Funds would support staft time and supplies to administer the City's EECBG program for a 3-year program 100,000 100,000 NfA NfA NfA - Administrative costs will also be supported through anticipated SDG&E Local Government Partnership funds. Funds would be used to launch a community energy efficiency and solar retrollt program for residrmts and Home Upgrade Carbon ,business~s. Out Of. the $8ook, $?90,OOO wo~!~ be used for a Down rade _ Ener' Efficienc Community Revolvl~lg Lo.an,' ~hll.e the ~emamlng amount g & Solar Re~~fits y would be used for direct flnanclallncenllves and program Implementation costs, The funds would be teveraged with a broader community program to finance energy-saving retrofits in a AB811-type program. 800,000 800,000 3.6 million k'Ml" 360,000 Therms 900 - Assumes alleast 2,000 properties participahng over the 3-yr period wiHl a 30% reduction in monthly energy use (monthly baseline 500 kVvtl and 50 therms). - Average EE & RE improvement costs per l1ousehold IS $10,000 Above-Ground Biodiesel Tank Funds would be used to purchase and Install a 10.000 gallon above-ground fuel tank to tranSition tile City's diesel-powered vehicles (128 total) to biodiesel and support regional fleet AFV infrastructure needs. 200,000 200,000 30,000 Gallons (Fossil Fuel) NfA 25,000 - Project would be implemented in conjunction with the installation of a new unleaded above- ground fuel tank (CIP funding currently available), ..... ..... Municipal Solar Installations Funds would be used to install solar photovoflaic systems on Clty-owned buildings and facilities to reduce municipal energy use and demand. 874,300 $ 3,000,000 $ 3,874,300 772,000 kVvtl 515 123,520 - The size of the solar PV energy system could be significantly higher if leveraged with third-party tax arrangements (such as federal tax investment and depreciation credits). I -.l Par1<way Boiler & Solar Hot WalerSystem Funds would be used to install a new high-efficiency, condensing boiler and new solar hot water panels at the Parkway Recreation Center 10 plOvide domestic hot water and heat the swimming pool 250,000 $ 250,000 15000 kWh 22,000 Therms 25,520 - The retrofit project would also help to defray future scherluled replacement costs. Municipal Facility Lighting Retrofits (phase 2) Funds would be used to upgrades to exterior and interior lighting fixtures and control systems at 54 municipal parks and buildings, 530,000 $ 530,000 750,000 kVV1l o 120,000 Municipal Healing & Air Conditioning Retrofits (Phase 2) Funds would be used to make energy efficiency upgrades 10 the heating and air conditioning syst~ms at tile South Cl1l1la Vista Library and Public Works Corp Yard. 650,000 $ 650,000 400,000 kVvll 100 64,000 Illuminated Street Name Sign Funds would be used to replace the 700 lI1uminated Street Retrofits Name Signs (ISNS) affixed to traffic signal posts. - $ 200,000 $ 200,000 320,000 kVv11 51,200 Energy Efficient Streetlights Replacement Funds would be used to replace the 8 986 light fixtures with more energy efficient technologies. 3,500000 $ 3,500,000 2.8 mill on kWh o 448,000 8,6 million kWh TOTALS $ 1,974,300 $ 8,130,000 $ 10.104,300 382,000 ThelfTlS 30,000 Gallons 1,519 857,240 .Assumes that the City win pursue an energy efficiency and renewable energy investment bond in June 2010 as outlined in the Council-approved Climate Measures Implementation Plans. EECBG potential Project list. 10(1 EASY I ATTACHMENT B LOANS No application fees, points, or hidden costs .L.lf -'" FINANCING FOR ENERGY EFFICIENCY & ENERGY GENERATION. PROJECTS 0'- ~-.' ..... [ ~ Ii i!j C''''' ~ ~ ~" 8 ~li ~ ~ '-~.... ~~..:= ffi ~~ ~ ~ ~ ~ ~ Public schools & Colleges Public Hospitals . Local Governments special Districts Public Care Institutions ih::;;,,;<i~fE':,~">:;'::,,:,,;': ,-,..,..:,.:.::_,_,,:,_.,:,,!,,~J;":':~'_:~,:'~~~~:';-';:':~>L..., ",'''''', "'", ' , -::~:~:::~::;~~-,:,;~!::>~,~ ". " ' ",,' . ..:..,".:.;"r:~ . ''ARNOEIhSCHWARZENEGGER. . .< ~~':;;;;::{:~ ,'i'Ji'~';;':~~ ~;G~~'e(~~~i07'i~: ;.'.' . ;.i';c:~;~~?;:"'x,~ '. .....;:"h: -. 'llIla!' "IJ""_ .t:. illl ~f;~,~~!'~~'~8"e"'~~~~miss;j~'." '." ,'. ,:~ ;;;....'fi ttp :i7WWift~ne-rgy.ca~gov!etficie.ri cyifinan2i;:lgiWldex~himl-:"""'" .} Phone: (9~r6) 654=41-47."- ....;;'Z..L..' ~.~~;;:;;;'" .,.,:.' . "" ;,~~;3~::;;:,";~:1.\;'~'-~~~~~[~~7~.'- ',~~,,-;,,>~~F~~~;~,; ,',,' ", ~,'~S;;~j~~~.," ,,".: ~ "':~E CEC-400-2007 -010 11-8 Are You Eligible? Does Your Facility Qualify? . Public Schools and COlleges . Cities . Counties . Special Districts . Public Hospitals . Public Care Institutions Existing buildings or other energy using facilities are eligible. Some new buildings and facilities may also be eligible. Please call to discuss eligibility. How Much is Available? Does Your Project Qualify? Please call for latest funding availability. Loans can finance up to 100 percent of the project costs. You can purchase and install any commercially-available energy efficiency equipment with proven energy and/or capacity savings. Examples of qualified projects: When Should You Submit Your Application? . Lighting . Motors and pumps · Heating and air conditioning systems . Automated energy management systems and controls · Cogeneration equipment · Light emitting diode traffic signal modules · Renewable energy systems · Thermal energy storage systems Now! This solicitation is open continuously with no final filing date. Applications for funding will be accepted on a first come, first served basis, reviewed by a technical committee, and awarded based on project merit. The Energy Commission reserves the right to close the solicitation period at any time, so don't delay. Don't miss this opportunity. Criteria for Loan Approval Projects already funded with an existing loan or already installed are ineligible. Please call if you have any questions. Energy efficiency projects must be technically and economically feasible. Loans must be repaid from savings within 15 years, including principal and interest. This results in an approximate 10-year simple payback. Loans for energy audits and feasibility studies may be considered. Call for information regarding eligibility. Simple = Payback (yrs) Amount of Loan ($) When Can You Start Your Project? Anticipated Annual Energy Cost Savings ($/yr) Your application must be on file before you can start your project, and only project- related costs that are invoiced and paid for after Energy C.ommission approval may be included in the loan request. Applicants assume all financial risk should the Commission disapprove the application or if all loan documents are not executed. If the loan is disapproved for any reason, the Energy Commission is not responsible for reimbursement of any costs. Interest Rate The interest rate is a fixed 3.95 percent for the term of the loan. 11-9 Loan Security Requirements It's simple. A promissory note, a loan agreement between you and the Energy Commission, and a Tax Certificate are all that is required to secure the loan. Please call to get a copy of these documents or you can download them at: http://www.enerov. ca. oov/efficiencvlfinancino/index.html How Are Funds Disbursed? The funds are available on a reimbursement basis. For each reimbursement request, receipts and invoices for incurred expenses must be submitted along with payment verification by your organization. The final 10 percent of the funds will be retained until the project is completed. Interest is charged on the unpaid principal computed from the date of each disbursement to the borrower. Repayment Terms The repayment schedule is based on the estimated annual projected energy cost savings from the aggregated project(s), using energy costs and operating schedules at the time of loan approval. In some cases, the loan repayment schedule can be extended up to 15 years. Applicants will be billed twice a year after the projects are completed. 11-10 How Do You Apply? Unless otherwise specified in the "Other Information" column, just submit the information shown below or go to http://enerqY.ca.qov/ efficiencyl financinq/index.html and fill it out on line. Your application must be complete before processing can begin. For incomplete applications, information must be received within a specific time or the application will be returned unprocessed. Application Package Copies Other Information Items Needed Completed and signed loan Original application plus one copy Completed Summary of Recommended Energy One copy Efficiency Measures in Loan Request Table The study must contain: a) description of energy efficiency projects and buildings or facilities affected by these projects, b) discussion of baseline energy use for the Feasibility Study' affected facilities, including annual energy One copy related utility bills, c) all calculations and assumptions to support the technical feasibility and energy savings of the recommended projects, d) proposed budget detailing all project costs, and e) proposed schedule for implementation of the proiects. The resolution need not be submitted with Copy of a signed resolution, the application, but it must be received by motion, order, etc. from your One copy the time of final loan package signatures. governing board (see sample). The title of the official signing the loan agreement should be the same one named in the resolution, motion, or order. * If you are submitting multiple applications, please put each application package in a separate envelope. If the energy audit/feasibility study is used to justify energy efficiency projects in multiple applications, submit one copy of the audit/study and indicate the application package that contains the audit/study. r~~tl~:jJ:i:\:~~~.~3i;};:;~ffJfGti~~;~~~;:;_:.:_1~f~~;}~~~~~7~~~~t~~F;X:J;~'~~~f;?~5~[lt~~:';~~-h:~1 J,~ROr:f;l:fI.e.l.p';. Gal'lr;J] spat,'('9,~..6)~.65*~:,4d;~, ,:!l'i;;'~< ',: ':)!$:~'?,..;~;,,,:J::',<;;';.,'l:,,^,<i r;;_':,"~~'~:'::!r>:"':,,, .&t;;:.~," {," ,~":,,;,~,"::::..~',';:_; "....".;.1.',;'",\.:.: ",-:nB,,:,,;.,j: ;",.::\, ";,.J::'~,:~~i~ '.::::,s...':',~':f",',! ; , 11-11 I -, Where Do I Submit My Application? Send your application package with the specified copies to: c Who Do I Call? California Energy Commission Public Programs Office Attn: ECAA Loan Program 1516 Ninth Street, MS 42 Sacramento, CA 95814-5512 Call the California Energy Commission at (916) 654-4147 to discuss project and facility eligibility, funding availability, and application requirements. Energy Commission staff will review your application and contact you within 15 days. It may be necessary to arrange a site visit to discuss your project and loan request. '7~~~;~::,'::::~~~~;::;~;;'7~~~:?':~:~:;.::i:~~f.~~;:~;ii1qI}~:':;'j~ t"'\(9J:1,6l~654f!U4Z,,;c-,, ."'-'_~~~-'^'.r:!'t.:~~~~:M.i~"::~~"i<;;;:;,;;'~~ 11-12 "_';:;AAifL:." .. rj)!",~~":::_::,,,i;;~~,:i::'- _<~~>~l~,:,"J,,<:: >~~i~t'~"" }~~~,,~::: :h::~[~?(::! ',' :~;;~~J ~",.;_;;; ,,~e.~l~!!R.9~'~E,~~~;~!~.8:9,;' """",',jt.'JftL.,~:;.;,""'''';;'<''''''''''^!';'''-'''^~'~~''~'' ""'--'-...<v~,-,;,.-...,_. ~.lt~?$'_'_" _..,,,,,,,,,.~,:t'''''''~';'''~'''~''''\.~'''''=~_:'__'_''_'~_ . ;::i<~;;,~~t ',.. ,)~:~i:',,,; '" '~;:;;rr<::L~~;~"iy~::T;::~~~:f;,r2;'7.*;mj~/;'f;:~?~~:,::~:+0r'~f:;:; OMMISSION;~E1NANCING~ :?~~~'"ii.~~::;0'~~\;;~~;~7t,;:~;-g;t.:{.~~~~!~"1.lJb.. 1.. APPLICANT INFORMATION Applicant: Mailing City: Zip: Address: Street City: Zip: Address: County' Contact Title: Person: E-mail: I Phone: I Fax: 2. PROJECT INFORMATION A, Have you already applied for utility rebates and incentives for the projects that you are requesting loan funding? o Yes, Go to Item 2B o No, we have not applied but plan to do so in the future, Go to Item 2B o No, we do not plan to apply for any utility rebates. Go to Question 3 o Don't know what programs are available, Go to Question 3 B. If you have applied for utility rebates or plan to do so for the projects in your loan application, please indicate: Name of Utility Name of Utility Efficiency Programs: Estimated Amount of Rebate, if known: 3. PROJECT SCHEDULE Tentative project start date: Tentative project completion date: 4. PROJECT BUDGET Total project costs (include all installation costs): Amount requested from the Energy Commission: i~ir~~~~:~~'~:,,;;;;~~~I0::-I~:~~r~~.:~~~~: f"-~F,0r:'(ITle ,p,,,.'Va w";"""""";;-~"~,"",",..i._~>>-:~~~~_');;;;'_-V:,;,J;;'_"f\'i......,.;"",,,,,,,,",,,,,,,=.< 11-13 5. WHERE DID YOU HEAR ABOUT OUR PROGRAM? Please tell us where you heard about our loan program. o Energy Commission Website o Energy Commission Staff Presentation o Literature at Trade Show or Workshop o Utility Company o Recommendation by Another Public Agency o Other (please specify) 6.CERTIFICA TION To the best of my knowledge and belief, the data in this application are correct and complete. Name of Authorized Representative: Title: Signature of Authorized Representative: Date: I Phone: I Fax: ielp~E;aIL;us..~at~:('9;,~.6J"i165J~~;~, . ".'"J;;"""'~"..:".._~'Sil!."::"":;"<':;;:"_"'~""".J."=,~_--il:l.'~",!~.::.::tr'...~~~W;)J"";,,""j,;',,,-":0'~,""",'~_-1'~':::'''''':<..~;<li<!;:t''..:.l..~~!:,,/;;..:;.';;.' 11-14 Summary of Recommended Energy Efficiency Measures in Loan Request '-"~':'-'-~'";"~'~'~~---:;-":-'._ ,"~=:;~. :(~~" _ .:<,~' - :::Fv~,--:;:';'-":;~,;>_:.~~:,-:~.~,,,,-,,:~ ..,.-.~~~:-_-~-,.--:--:;:-.' '-:/~;-::-::=';:"-:-':::T": _"~ _ :-;-7,::"::"-,-~- ::;-,--:-:"""":":~::- ",", -~ ~--:7 _',: --. _ . ,_-~~::: _ -,,~ _ ::>~~l !I ~~O~:~~~hq;~:pPlicati6~:I!~!'j.h~p~Ojects fO~;r~hi~b\lou.~kre requ~~ti'ng a)o~J1 and id~iitify h~.r.~yingS, pr~j~~\f,?:~~~~d paYb~~~f~'(~~c~j project. ~:,' i !uillfqt~!Jn(;~~'n.~:;:~,?~f~.~.~(:~~?~t..~.t...t~J~~.~,~.m~~f.:~I.:,'.....~~i;1;.~i~~f;~f~:q~ .~,s..';fl~;.S,~i,;~.~;Lq':".,",.~!.S40~;':;;2~~' .....~.~,Jit;~~,JLq..".=;AJ -' -' Peak Annual Annual Annual Other Demand Electric Natural Gas Energy Annual Project Simple Project Savings Savings Savings Savings Cost Installation Payback (specify Savings Cost (years) (kW) (kWh) (therms) units)' Example: Install T8 lamps and 48 266,405 0 0 $24,113 $100,790 4.2 electronic ballast TOTAL -' Cl1 j.~m'i;.",.,"!l"l1"ir. 't. 'T1t"rf'.".. L.'.' ~..q',',",,".'R" "co I'''' '''''.' ','il"'," e' h'" I':' pi' ,i1.~_i;;.i:,,,.i,;;;~,;~__,-\,__;,...,..,,.;J, ?'~1Zwr.f~Ft~i"'i~.ll'y'T 5i4t!~:~14 ..;!t~-;(";~{;~,,.;!~~L~"J;~,;~tk_~l~_u;i 4 ;,j SAMPLE RESOLUTION RESOLUTION NO. Resolution of Name of Institution or Organization WHEREAS, the California Energy Commission provides loans to schools, hospitals, local governments, special districts, and public care institutions to finance energy efficiency improvements; NOW THEREFORE, BE IT RESOLVED, that Governing Body to apply for an energy efficiency authorizes Name of Institution or Organization loan from the California Energy Commission to implement energy efficiency measures. BE IT ALSO RESOLVED, that if recommended for funding by the California Energy Commission, the authorizes Governing Body Institution or Organization to accept a loan up to $ Loan amount requested BE IT ALSO RESOLVED, that the amount of the loan will be paid in full, plus interest, under the terms and conditions of the Loan Agreement, Promissory Note and Tax Certificate of the California Energy Commission. BE IT FURTHER RESOLVED, that is hereby Title of Designated Official authorized and empowered to execute in the name of Institution or Organization all necessary documents to implement and carry out the purpose of this resolution, and to undertake all actions necessary to undertake and complete the energy efficiency projects. Passed, Approved and Adopted this day of Month Year Governing Board Representatives: );~':':::::::!:~:C-:'~~::f,:,:,:::,::,:::1~:' ,:''i:!T::i,::i:/7',,7:::::::'::''~r" ,:~rj~:J"".:::",::";S'!I:::;:;:'~::::':" :,)~&::",,;, ':):" :r,:7::1:,~:i:-:_:':'~:~::-:::mw::""'~~:t;':~~;'!:"',:C':;~~:?~> 74'~::!'f.:m;::,;;,", ",,' ',-~"~'1it<:?,:::".:'::~\t':: {;;;;iE;O""';;'\~H~: 'e:.rl'~D' ~~:"&.a. 'il'11~l"f~s!C;~'a~..:t'~f';;;'('9:-'1;6')'26:5" 4~~4~ja'7,j~ ~,!]:~;,~.,!7~~:g;~, ":'~if~.~L"-,,-:,,j~~,_'__'vj~l;~~f~'i~0:~:~SY",,::>~~'},:.~>~~,;4;.~i~:,;~:':\:;d;,..<r.~f.:~:~~;,~"":~:~;,',,~:J;~ 11-16 April 2007 11-17 On-Bill Financing Option What is On-Bill Financing? The On-Bill Financing (OBF) Program helps qualiiied commercial and taxpayer- iunded customers pay for energy-efficient business improvements througn their SDG&E' bill. 08F works in conjunction with the SDG&E rebate and incentive programs listed to provide an interesHree financing option for customers eligibie to participate in such rebate and incentive programs. Who is eligible? Customers that are eligibie ror On-8ill Financing must meet the following criteria: The customer must receive a rebate or incentive through an SDG&E energy- efficiency program. The customer must have had an active SDG&E account for the past two years ior the same business. . The customer's SDG&E account must be in good standing, with no deposit on record and no disconned notices in the last 12 months. Participation in one of the fallowing programs is required for On-Bill Financing: Small Business Super Saver, E,~press Efficiency, Standard Periormance Contract, Energy Savings Bid and select Utiiity Third Party Programs. Owners oi multHamiiy units who do not live on the premises may gualiiy for financing through the Multi-family Rebate Jrogram. Wiil On-Bill Financing affect the measure rebate amount? Rebates and incentives awarded to customers who comolete non-comorehensive projects will be :efluced by 10%. Comprehensive projects are deiined as two or more distinct measures not including CFLs or delamoing. How is the loan term calculated? The loan term ror the pro.ied is determined by the repayment period oi the eouioment selected through the eligible program(s) and is calculated based on estimated annual S..l.N ':;IEGC G,.l.S'; ::L':::-:T~IC'J .= 0 BOX 129331, SAN DIEGO, (,J., ~2.ilZ-983i wWW5dl,J.~1,8 ~ 2009 5.an OIt!!Qo CdS 0; ::Itrc!ri<: <:"I1'\OilIlV.),1I coovrUlll! ..nd IraOrrl1'\arll. nonts r~srrrveQ. energy savings not to exceed the maximum loan term. Loan funds must be used for the purchase and installation 01 qualifying energy efficiency measures. What are the loan limits? The project cost (after reduced rebates or incentives are applied) must be a minimum of $5,000. Loan maximums per meter are: $100,000 for business customers with a j-year maximum loan term . $250,000 for tax-payer funded customers with a 1Q-year maximum loan term How do I apply? io find out more about this program, inciuding details, terms and conditions, and a iist oi all 01 the energy-efficiency aoplications with which OBF can be used, please visit www.sdge.com/obf. Or, call or e-mail us: Energy Information Center (Monday. Friday, Sam - 5pm) 1-800-644-6133 SDG EO 8 Fi~sempra utilities.cam Managing Your Energy Use SDG&E has programs and ser'lices to help your business get more out of the energy that you use. Information on everything from seminars to online :nergy analysis (ools. rebates and other financial incentives can be found 24 hours a day, seven days a week an our Energy Savings Center website at www.sdge.com/esc. Helping businesses manage their energy' use is one oi the ways SDG&i: is committed to providing exceptional customer service. On.~U1 fil1ilrltlnQ i~ JraV'd!(1 :0 ~ijQiole C'Jstoml!r~ on ~ lIr<>h:orne. nnt-~erll!d tJ..5i~ 'Jr'ltll ;:orollram hJnas ,HI! ,~o ianqer ~v<lilaoIO!. OaF is ;UM~d JY Calitcr'~'<l utllltv c'~stoml!r; ana ~(Jmln'stl!rtrd Oil :iOGoiE 'Jnoer:hei!.IJSlllceS af ':he(allfcrnia P~olic UtJlities'':"mmissIQI\. :i) "nI"llEQ 011 rec'Icletl aaoer '.vith sav-':la~p.n i"K~ O<l,co,nnn7 mnq RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUBMITTAL OF AN ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT APPLICATION TO THE DEPARTMENT OF ENERGY FOR $1,974,300 AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN AND MANAGE GRANT FUNDS WHEREAS, as part of the American Recovery & Reinvestment Act of 2009, the City of Chula Vista has been allocated $1,974,300 of Energy Efficiency & Conservation Block Grants (EECBG) to implement strategies to reduce energy use and lower fossil fuel emissions; and WHEREAS, staff has compiled a list of energy-saving projects and programs to include in its EECBG application based on the priorities established in the Council-approved Chula Vista Energy Strategy & Action Plan (2001), Municipal Building Energy Efficiency Policy (2005), Climate Measures Implementation Plans (2008) and the additional community feedback at a City-sponsored workshop on March 23,2009; and WHEREAS, as part of the federal Energy Independence & Security Act of 2007, Congress authorized a new Department of Energy program entitled Energy Efficiency & Conservation Block Grants (EECBG) which was designed to provide local governments funding to implement strategies to reduce energy use and lower fossil fuel emissions; and WHEREAS, although the original 5-year EECBG program never received federal appropriations, the American Recovery & Reinvestment Act of 2009 did include $3.2 billion to support limited EECBG funding throughout the nation; and WHEREAS, as a result, the City ofChula Vista has been allocated $1,974,300 in EECBG funding based on its population (daytime and fulltime) size; and WHEREAS, the City is now required to submit a formal application to the Department of Energy by June 25, 2009 outlining its strategy for using the grant funds; and WHEREAS, once the Department of Energy approves the City's submitted application, Chula Vista will have 36 months to complete the identified projects and invest the funds in a manner that complements the City's environmental and economic sustainability goals; and WHEREAS, using the policy guidance and priorities identified in the Council-approved Energy Strategy & Action Plan (Resolution #2001-062), Municipal Building Energy Efficiency Policy (Resolution #2005-048) and Climate Measures Implementation Plans (Resolution #2008- 177) as well as community feedback at a City-sponsored workshop on March 23,2009, staff has compiled a list of projects and programs to fund using the EECBG; and c.\Documents and Settings\davidm\Local Scnings\Temporary Internet FileS\OLK69\APPTj'iT ~TiSI of Energey Efficiency Conservation Block Grant Applicatlon1.doc Resolution No. 2009- Page 2 WHEREAS, these projects balance the City's goals ofreducing annual municipal energy costs (i.e. General Fund costs) by installing more energy efficient technologies and renewable energy systems at municipal facilities with supporting a community-focused energy efficiency and solar conversion program to help residents and businesses reduce montWy energy use and costs; and WHEREAS, the selected projects are prioritized to maximize the City's ability to achieve its economic and environmental sustainability objectives and to utilize funding sources that best fit the project's eligibility and return on investment; and WHEREAS, the identified projects target local air quality improvements and reductions in Chula Vista's peak energy demand decreasing the need for local peak power generation such as the South Bay Power Plant; and WHEREAS, the projects also contribute to the reduction of the City's "carbon" or greenhouse gas emissions and produce net utility savings for the City and community participants; and WHEREAS, to leverage the federal EECBG funds, staff has identified additional priority projects, which would further produce municipal energy savings and lower carbon emissions. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve submittal of an Energy Efficiency & Conservation Block Grant Application for $1,974,300. BE IT FURTHER RESOLVED that the City Council of the City Of Chula Vista does hereby authorize the City Manager or his designee to execute all documents necessary to obtain and manage grant funds. Presented by Michael Meacham Director of Conservation and Environmental Services 11-20 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF A LOAN APPLICATION TO THE CALIFORNIA ENERGY COMMISSION AND PARTICIPATION IN THE SDG&E ON- BILL FINANCING PROGRAM FOR UP TO $7.1 MILLION AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL LOAN AND/OR PROGRAM DOCUMENTS ASSOCIATED THEREWITH WHEREAS, as part of the American Recovery & Reinvestment Act of 2009, the City of Chula Vista has been allocated $1,974,300 of Energy Efficiency & Conservation Block Grants (EECBG) to implement strategies to reduce energy use and lower fossil fuel emissions; and WHEREAS, staff has compiled a list of energy-saving projects and programs to include in its EECBG application based on the priorities established in the Council-approved Chula Vista Energy Strategy & Action Plan (2001), Municipal Building Energy Efficiency Policy (2005), Climate Measures Implementation Plans (2008) and the additional community feedback at a City-sponsored workshop on March 23, 2009; and WHEREAS, staff is also requesting City Council authorization to implement up to $7.1 million in additional financing options (CEC Loans and SDG&E On-Bill Financing) to invest in additional energy efficiency and renewable energy projects that leverage EECBG funds and ma,<imize the opportunity to achieve peak energy and greenhouse gas (GHG) emissions reductions; and WHEREAS, as part of the federal Energy Independence & Security Act of 2007, Congress authorized a new Department of Energy program entitled Energy Efficiency & Conservation Block Grants (EECBG) which was designed to provide local governments funding to implement strategies to reduce energy use and lower fossil fuel emissions; and WHEREAS, although the originalS-year EECBG program never received federal appropriations, the American Recovery & Reinvestment Act of 2009 did include $3.2 billion to support limited EECBG funding throughout the nation; and WHEREAS, as a result, the City ofChula Vista has been allocated $1,974,300 in EECBG funding based on its population (daytime and fulltime) size; and WHEREAS, once the Department of Energy approves the City's submitted application, Chula Vista will have 36 months to complete the identified projects and invest the funds in a manner that complements the City's environmental and economic sustainability goals; and WHEREAS, these projects would be funded through the use of either California Energy Commission (CEC) Loans (3.95% interest rate) or San Diego Gas & Electric (SDG&E) On-Bill Financing (0% interest rate) depending on individual project parameters and financing J:\Attorm:y\DavidM\Resos\Approving Submittal Loan Application to California Energy Ci,is~oL1 SDGE OnBilLdoc Resolution No. 2009- Page 2 guidelines. Both financing mechanisms are designed to use the resulting energy cost savings from the energy efficiency or renewable energy retrofits to repay the applicable debt service resulting in no net impact to the City's General Fund; and WHEREAS, both financing options also have a valuable risk management feature that allows projects to adjust their payments to match actual energy savings if there are unforeseen circumstances and the projects are otherwise compliant; and WHEREAS, once the loans are repaid, the energy cost savings would be realized in the General Fund; and WHEREAS, on September 25, 2007 (Resolution #2007-241), City Council authorized staff to pursue up to $2 million in CEC Loans and/or SDG&E On-Bill Financing to fund energy efficiency projects at municipal facilities; and WHEREAS, to date, approximately $925,000 of CEC Loans have been initiated which have resulted in 25 completed municipal efficiency projects and $194,000 in annual energy cost savings leaving approximately $1,075,000 in Council authorization remaining; and WHEREAS, as a complement to the City's EECBG, staff is requesting authorization to pursue up to $7.1 million in additional CEC Loan and/or SDG&E On-Bill Financing to fully implement the energy-saving projects; and WHEREAS, if additional EECBG become available, staff would use the federal funding in lieu of CEC Loan and/or SDG&E On-Bill Financing options to fund the supplemental projects. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the submittal of a Loan Application to the California Energy Commission and participation in the SDG&E On-Bill Financing Program for up to $7.1 million. BE IT FURTHER RESOLVED that the City Council of the City Of Chula Vista does hereby authorize the City Manager or his designee to execute all loan and/or program documents associated therewith. 7 Presented by Michael Meacham Director of Conservation and Environmental Services 11-22 ENERGY EffICIENCY & CONSERVATlON BLOCK GRANTS (EECBG) PROPOSED PROJECTS LIST EECBGA.Jmlnistration Funoswould support slafflime al10 supplies 10 aominsler the City s EECBG program for a _3.~ear program tuO,OOO $ 100,000 WA '" '" - Ad'lTin;"~rarive costs Wl~ alsa IN suppcrTl!d through an([cipal~d SDG6.E Local Govemm~ntPartrershiph"nos HomeUpgrao<:,Cafbon Downgrade -Ef1~rgy Effiaeocy& SolilrReuoiils F.Jndswoulobeused lolaullcnaCQmmunJty~nerg, eifiaenc~ and solarretront program ior resderts and bus",~~Sl!S. Oul of the SBOOk, up to $390 DUO would b~ useolara'Communil~RevolvngLoan'l<l1ilelh" mmaif1illg amouolvlOuldbeus~o IOfoifectnnallcal incellllves afld program rrpl"mentationcosts. Th~funQs woukl bt le""ragtd w,tn a broader COrTIrTlWl fl prJgram [0 financ" ef1trgy.savng retro/ilsin a AB811-lyp~ pro\) am. BOO.OOO S $ 20000000 $ 20,aOO,000 36m,lionklflih" 360 000 Tr,"lms 900 . Assumes al least 2 000 propenits partierp~!ing ~,,~r \Jl~ 3.yr p~r od "itll ~ )0% rsducuon in rTlonlh'{energy use Imontrlty Oils"lini) ~a(j kll\rh ami 5J tl1~(msl - -\"erag~ EE<iRE mprovemel11 costs p~r hQusenJld is $10 000 . -'.ssumi)~ $20 milivnin addtional pnvate financing and City- ssutd ounos IJUf~ 2010) a~ outl ned ,n Council-approved Ctimal~ M~asur~s lmplem~((ation Pians Abo\J~-Grollnd 5icdi"sel Tonk Funds would bB used to purchase and Iflstol a 10000 gallon abo",,-gruund fuel lank 10 [lilnsJlion Ihe City s d'e~el_ powered "~l1ldes 112B tOlal) to blodies~ and SUPPOll regLonal ftellIAF" infrastructure neeos 200000 $ 20Q,oeO 10 000 Gallons (Fossil Fuell rUA . ProJ"et would oe impl~menledin 25,:lQO eonjulletlQnwitil [I',e,oslallationufd new unl,"adtd aO~'''....found ltid lanK (CIP funding CUrrsll~y availabls) Funds WOlJ_d 1:," IJs~d 10 inslilll "olilrpf"'lo"oltacsfsl~ms j~uniclpal SDlar Installalions on C;ti-o",oed builoings ~nd iacililies to r"due,; mUflIcipa en"rgy u~" arid (}"m~"~ 374,300 S 1000.000 S - $ 3874,300 1,350 000 kWh '" . The SiZB oiltle solar P\I ~"",rgy sysl~m eoul(} be,'gr-ifeantly h;gl,,,r,flev,,raUed 216000 wlhlhird-panyta"affallgsmenlstsuchas federal tax ,nve,lmenl a~ddepreciallon Crtdltsl - . - ~ -. ~. . --. ~ - ' Fun-ds ""Quid be u~ed to in~LlII a ne", hgh-efficisoC)':!.;". _< j>arJ<.......y 601lef & S'7,I~.~Hot' cOoOtn'i;;ing o~il"r and ne.... ~QI<l-r hot ;"ater panels at Ill".:.!'- -\;. r-:~ ~a,ler S~ste~ .~'~_~} :~~~::e~t ~:~~::~~~~~~;!::,~;~~.I,i;i~;!;;,'S~~!;;'~~~Z :~::;;%~t,~'.:~'?':~~~:~~~;l;~:;r~t~~t~ 86 million kltih TOTALS $ 1,974,300 $ 8130,000 S20000000 $30,104,300 382,COOTflerm~ 30,OCOGallons 1904 949,720 EECBG Prooo.ed ?rot~c"l'st;d. loll ENERGY EffICIENCY & CONSERVATION BLOCK GRANTS (EECBG) PROPOSED PROJECTS LIST Upd~t<=d: 5/10109 1\!,'Si:..p;A~;;~:~c'~INon EEC8G-(undeC projeCt5 '.... ~,,~ ~ ~"'-'}.lr..~..."~";:.iI"I.~.;;.-;.;<!l,+7.' l ~~:'~,',. ...1\~~r"",F1NANClNG.r. iJ4~1.~~ "< o:,;t.. SAviNGs.' ,," '<t>~":':"'}.' :(,.f..~,,.~~ ".t-;-?,1. , ".1,'" -l,y.' ....'l>"~ '"l. " '\;.,~'9'r..." ' ~.,,"'~' ~ ~j. ",,', ..t;:r'...."".~r..ll. l "'l4 I\~..<'. ~;f....~,~~.'~'.." "",,:,><1,1 (;"0"" ,,'ifil"<l ~r: ~;!:..::V~~.~ .,.\i;t;. 2" "..,.~~~ !t ~~!1f" 1"0 ......C ~J.. Q . 3... :il ,j.'il, . _~!'i-~ oil-,'",,,, "ll r(.. J.~~,.~ Lt&\: '::>- ~#'(; ~ q~"" ,,"""fo1"t~'j".a~ ..~ ,_ ~;~lf~,!:,""TNA!"E:' ,~~ fl!\~CRI~a~: I". ~, :"lE~"'i!:'''''~'tc.c La"~' ~Jp~,,,:,,,~,t.!'Hi:i!'1 Esiim~d"..'j p;,;:~~ >!I; t~':"d':tI.~~' ' 0 <>;...~a~s';t~~ "'t to ~ ~':.: ~l '" If ~~)d,,~ ~ ~~~::it "'l ,} ~ t. 'f~~ I: tr: r .~ \~ !~ECB~F.:U,,~~c:r::n~t'B'~I.. financ:lng ! ;.~~r.~~s~"~ An~U:I,~'!Y '. RellUcifo~; ~:Munlclpa,1 Cost' -.. ""a: ~,~;~: :~~~ ~".' "'"c. 4h~t),-',."~'1"'tj.\ "t, ...~ ,o1Ir.:(' ng ...." ,l!~.-.I".~ vm 'l'frlkW)""I'~'lsalllngsf .'~l'lft ~~~.! ". : i>. , ' <.;. ' _ , " .. . 0 . 40 . '. "" 01 ~ " 0 . , EECBGAllminisualiorl FundS,vouJdsuppoflslalttimeamt;;upplieSloadmlnlSler tl1e c,ty's EECBG progmm ror ~ 3-y.;ar pm\Jram 100000 $ . , 100,000 >VA "" >VA - Aamini~Ir~IM! COslS w,u ~Iso b<! suoponed lhfouql1 ~noopal.;a SDG.!.ELocal GQ~lJrnm"nIPartnlJfsl1'p nmus. Ham~ Upgrade CarlJon Down~,~Je' Energy Effiaency & Solar RE!lIofit, FundswoukJOellS,"<llolauncltacommUfll(yenergy <=rficiencydnasolarretlOnlprogramtorresidenl5and llu:ilness~s. QUlalll1.. saOOk,up la 5390,000 would C<= UStld lor a 'Commun ty R..~ol~lng Loan: whlllllhe 'lll1l~inlng amOum N(}ul,j bE! US<=<l torl1if<=d tin"nci~1 ncentl1,esan<lprogramimplemllnlauoncosls Tile funds woula be le..eragell WIIJ1 a llroad<=r commuMy program 10 finance ~n~rgy.sa~ing retrorits III a AE8ll,type program. 800000 S 3.6 mlllmn k'l'JI1' . $ 20,000,000 $ 20aOO,000 J60 000 Therms '" -Assume5atl.;ast2,000prop<=rtJtls paniClpa1lng o~erlJ1e 3-yrpt!nodwlln a 30% reductloniomonlhly~nergyuse(moml\ly llasE!lin<= 500 kWl1 and 50 ~ltlrm5). . ~.veragE! iOE & RE improvemem ~Osls per huu~tlllOld is $10,000 ';'55ume~ S20 mlIionin adJitional prlVal~ ftna"~lny and Clry"issueu bands (June 2010) a5 our II1~O III Courlol.approvell C~maltl Measu,es implemenlalion Flans Fll!\,ISWOuIUDeu5<=d 10 purcha,eanll nSlalla 10000 Above.G,ollnd8ioaiesel yalonaliove-graunotUlJ tanKlalransltionlh" City, diesel. Tank powE!'E!d',ehiclt!sI12~ IOlal) lOb'odi.;s<=1 and support regilll1alft<=elAFVimTaslrucluren~<=Us 200000 S . $ 200000 30,000 Gdilo!\5 (Fo5"lf...el) '" .Proj<=Cl would be implem""r<=o 11 2S,lJOO cOI1I(jnctrun ",Ill IlIe n~t~lIaIlOlI 01 ~ neN unl<=aUtlu .bov<="'.jrounJ fu<=1 lank (CIP rul1dln.gClJfremlya\ailaDltlj, FUI\U5Wauldbeus"dloinslallsalarphoto~otalc"151E!mS MunlclpillSularlrl5lalalions on Clly.ownt!u lluidings o."j racilitiestohlouctlmumcipal llnergyus<=anda"rnall(j. 874,300 S 3,000000 S 3,/174,300 1,150 000 kWl1 "" -TI1" sizeotlhe.olarPV"ne'9ysyst.;m coul<l De 5igmftwnrl,. l1igner If leveraged 216000 Wll11 rhlrd.party lax arrangemtl'1l5 (such as !Boural t..~ Olv",lm<=nlarlllll<=p,,,ciallon Credl!S). Funos~aukl.b; U,etl'li> i~5\a11~ I1~W:hJgh-eIl0-;'~,.o"'-l.,\:~~~.:.~~:.. ~._~_. ~~~::~I~~:~~?a:~:t:rSj~~~f~~~,~;~~;I~~:!;~~:~~'~ ~"",l,~.'~,,','.'.,:.'~';:'~'."~'.~':"':"'~"';'{'.~.' ~,~,;~.~,:.:."..,t.~",:,~.;,i..~,.,;. arl~ heal ~~, S~rll1mlng POO!_.:::~Y"' ','r.'.;;., .):~'.'~.:i!;ck,,~; ." ":,~'~_:': ...t ,'.. ."; "-':c;. ~.~i"[;~. :. ;, .'j ""';:8.~:i"' 'i.Y~', ,1-.""~;.':~L~~~.'.;i.',fi<.\>!o'" .:r;'1;';:;~Jk~~,~." .'. .,. Funds would b~ useli 10 upgrades l/] eXterior and Intel1oP.~ .:.J..";....~,tR;.y.,, ,<>,; ,~"".,':.. ~ .e,.~~~~t. :"!:f.~ . '6 _. ;~~~~~i~~;~~l~i~:.. ~~~bb~;~:i;.;t~~ui1:~;;~il.}~~!~ii: ~~1i ~t~~;~~;;~ , . y ''<'" _'._ ''',:~i~;;,'l;._'.,>- ,~. '" .,.,,:'0;>_:;;:):"1.; ",,::",{.-:.~f~\ .';~'~, ",>;~jf/I:f.;~ if _,"\unro.pa~.Heahng: ~ ~Ir ;,;c, Funds ,:,auld:be..useJ}~ mak~"en~~y effi~'~ncy_~pgra9.~"s-",;: i;, CondllonrngRetroflts(P.has" tOII1e.heanng"andau:condllioningsyslemsaltl1eSoul11.<;,; ~: ;.t!~:0"1=~:,.~2:~~f~tit(~' .~~::a ~{)~1~t-~ a~.~ ,~~~~.:f~~~.~o:p.~~~:~~:~ . :',...,ff fi"j, '" '~.r ;.~~~,rf,~'-: .~:1.~.;~:';~'~'!~{J~':.~.:~~~f~".",:.t,-,~"':'+-~'t"~ . ;..,' . .:;r lIlu.rn'naled Street ,NameSig,n Funds. "'.oula be lise/Jl 10. replace d1<a. 700 IUurninalea Street, :,,7t~ff~ .1~:t~r~,:~:~5Jf#j~~~: ~~~e:::::~f.~~~~~~~t!.t~J~ii~r~a:.~~~~~i~~~! . . '...i~f;',' ;J.'i;t;,r'f~J:p:l;',:E~.. r ",l.,.;1~'1i:,;':~,",',:;-:,'r;::t,:. ;i:.l',1iS;-J~tr :;':; ~-;} ;~:'ji~i~'f,: Ene'GyEfficl.;ntStreetlight>;. Funus.wouktbe useu to repla!;i lh".8986 hghl fixtures';:;: ,0.:: ~3~,~,:~J::.~.mk::':;1~~ Wrll1,mo.r.):~~.~'!.rg~ ~r1i~:,~tf~~.rigcOg;~,) ~.:~~~l~Y~;:~ i!Jii&~ ~;~~~i.~ ~;;t?~\\:.:< ,'_ :'1".,. !::'c. $ .;;.,... ';:Z{520 - The lermfit proie~~ would al50 lIelP:.~~.... l.~" ~,. d"ka~fulurtlscltedule<l"'pl"ce1T1t:lltcostS.' ~.:~'(.-~,'"f; f:_ ~~ ,~""~.f:.~"':n :';.:Jj~,f;'(;;; ~:\ .' , ,h., "'~ pc .$o"':i't."120,OOO '.'. .....~&l..:'"~,,, :.i'T'~'!'T.~""~"'~""'~"~~':~:~':'~":~'~ ;j;,:;:;,:.~R~i~ _ '; . . ... ':_ _-:;:;;.". ~i~~~ ~~~f,~ !~~~1;~ 17'....--'. ~ > :" ',":Ie :', 86 million kWh TOTALS S 1,974,300 $ 8,130,000 520,000,000 $30,104,300 382,000Therms 30,000 Gallons 1,9{)4 949,720 e=:C8G Pmoa....~ P'OIe<:I$ LJ'L;:I. 10tt ENERGY EFFICIENCY &. CONSERVATION BLOCK GRANTS (EEC8G) PROPOSED PROJECTS LIST Upcated: 5110109 1 :'t'.oi:;~.i:~,~-:;:i~.~;INon EECBG-tUmlIlC ~rCI'=cls J;'JH.,.il:?~"'" "~~7i>i'!!Ji~;;: 1'1'~< "::~1.1I'~1..t"~~.il'>~\:.""RNA;;C!NG .!.~?'1!.- ~t '!~:"~'; lSAViNGS':\.'" ~tJi~q~ tf'~,;;f:~fI' :..~h" ;;::.Jt4 ..1,4:: !; ~. .n~ '~t~,~ "J'I>., .g:~...,~ '~~~)t "W,.."",~"~".> V~~ .~ ,,!>"f; ,. 1/if'Jj',. ,.,;' 4'\ ,f;. ...1 . }t...("..". .. .i"1o):.. ~~i~"; '<:l~,;,~l '-,,~ ,...-~:."I~~I;;~i" ,';.I.M_'1 >~..;{;.."H~\r.:;t.~;; ;.~I: ~\" !\~-t"JP~En~~1" eStimated!,~i.~:",v. ,," ~ ~v"'~~_ 'it 1\' ",PROJECTNAmE~,;t ~ ' DESCRIPTION",' ,,0'. "~a;;i~ 1 "'fl CECL:Oan&I. _' ,w" '~\$"'i' .Etstmiited~..~ ,-"" ,. ~ )'Mt" ~ ~ ~ NOTES"+ <I.....",.. };'f,'~ ~~~'~~. l ~ ~t~1i,\f ~ ":~'. p ,14'~~ ~i ~I .~;~B~:U~~SD~&E~~~A~~~~:c~:~e'i\T~TAf.C2.t; ~~n"=re~) 'J~:R:~:n;i 'J.tn~~~~o~~;f:~"t '~'~~~b~' ~~~ ^ i'~ ,T:i~ M t.fj' I ~. ~.,.~-#'. "..\ ...1- <If' ....;;\1 'j. .... nancn!J"....~. 41" /', \ '"V'Oj , ,,~J:..( ~'fkW) ~".-.".-SavlnIJSF ",'0 1\1IlI'f...'~"""'. .:~, I <....~ -<t ,~- ,:'"1" '.. {_~~~, L. t~... t,~l>..it .J ~'I'r '. ~1";J' _, ... ;' "~( .' ':J ~ . . "''"i>'J'" ,~~i"~ .q EEC8GAdmnlslrallon Funos would suppOrt slafftimeano supplies to administer lhl!Citys EEC8Gpragram rora 3-yeJrpraglam 100000 $ - , 100,000 "" "" "" -A.dmllllSl1allVecoslsNillalsobesuppcneo Ihrougnanllcipaled SDG&ELocal Govemm~nt P~ltn~,ship rt..,<1S Home Upgrad~, Carbon Downgraoe-Energy Effiaency ~ Solar RetronlS Fundswol1ld bawsed 10 lawnch a commwOlty energy ~T1iciellcyandsular"wOlitprogramiorre"iLlentsa[ld bll~In"""BS Oul ot the SBOOk up 10 S3g0,000 wOlJld b~ lJS<ld fora'Commumty Revolving Loan.' whlie the Htmalning amounl would be l1sed lor direa financial InC>!nuvesand prog(am;mplemtlnlaUOncc~ls_ The funds .voLldoe leverag~dwLrhabroa<l"(Coml1lun'typrogramlo ~I1Jnce .;Ilergy-s~vlng 't!t10111S n a AB811-tJpt! program. 800.000 $ S 20,000,000 S 20,800,000 ;6~ ~~~O~h~:: '00 -AsSl1meSalleaSl2VOOprooerties partiCJpatingo"~rtheJ-irp'modwllha10% reduction;nmonthlyenerg,.usO!(monll1ly iJ<lselill~ 5liiJ k\llih and 50 I~I'" ITts) -,'1~erageEE&RElmprov"m"nlcostsper hOlJs.;hohJ,SS10,OOO -Assume. 520 rrullion in addlllonal pnvale linanclng alluCity-isslJed bOll<lS (June 2010jascUlllrled,nColJnc,l-dppraved Climatl! M~a~ures Impl"lTl~rlalioll Plans Abo,e-GrolJnd8iodiesel Toni< FulldswOuldbt!lJseotopurCrlaseandirtSlaUal0,OOO gallon above-gloun<l 11J,,1 lank 10 Irans,t on ttle City'S diesel- p'lWered verllcl~5 \ 12ti tOlall 10 biodl"s~1 and support regional n~etA.FVlnfraslrUC1Ur8 ntteds. 200000 S - , 200,000 30,000 Gallons iFo5silFue) WA -ProjeGlwould beimpl"menlttdirl 25000 conjunction With InelnSlailaliorl ola new lJnleadedaboVl!i)roundllJellailk(CIP funding ourrently a"a.lablttj Funos"oulO be us"d loinslall solJrpholovQllaicstst~ms MlJnicipa SoJlar Irlstdllalions on C,ty.owne~ bwld ngs aml fae,lities 10 raduc~ muniClpal <lr,,,rgYlJse and <l"mano 874300 S 3,000.000 $ - $ 3B7~ 300 1350000 <INh ;00 - The size 01 lhe ijolarPVt!notll)y sysl~m coul<lb"sqmfic,mllyh'gn"rl'ev"raged 216,000 With third-party la~ arTangt!lll~nlSI"ucn as tederal ta~ inv~stmenl and depr"CJation C1edltS) -'6 - . .' . Fun<ls wo'uld be us<ld to i~tali a n;;';higrH.'fficiency:..~ _:. <:ondensingb<lll~rill1dm,wsOiarh"lwatefpan"I"dtlh,"--:-:-::; Parkway Recre~li'-lIl Center 10 pro'i,:\e _dom~sll~ h;1 water/ - ~n<lh~..tth<lsWl~?,~n~pao.L -~ .'~' " .)::.:_';:'~-i Fl~n<lS ;OL!d b~ used l~ UP9r~Il"S 10 e.deoor a"i1n~~j;; Munidpal FaCJtlly Lighting ligI11In!lli~lU;:"S: and conm:lI.SiS_I"ms' at 54 mLllliciP~f-~ar1\s:1 ,-;Retrafits (:_ha,~~.,~~:~ ~n<J, bUlldln'lS_. '0- -:,i;}~.' .~~ :~~~:-~;>~~~;j;,:i~~~}~~ . . .,. . . . -;-- _ . . ., '~-i :;;ii:~':OY-!fu \-,~:;~ Municipal HailUn'l J,. Air. Funds:. would ba ';Ised la lI!ak~ enl!~y elfi'?7nCV_~P'lrad~:~' ?' ri Condlllol1lng Ro:lroflts: (Phase, 10 Il1e heanng ~rIl1alf. cOndfUoml\ysystl!lTlS at the South 'F . >;:ri , )~'. 2) f ~::,:::<. ;~~,:Ia YIS::' LI~(~~ a~d_.~~~-I:~~~Or1\~.c:~~~a~d;~~~\~,~ . ";",i~~~R~:::;N'm;t~i;'5Jf(:i~5~~1!;gBl~~:~~ iii1.~~~ ~; 'EJ1~I~Y E~~i~~;'s'lre~;ji~~'la" F~t,;;~:lJl~-~'~;t.~ed\~i~e~1~~-~~i~~~a~~~~'~x~;~:~fi~ t_L_~~.'.:~-,_:,~...~.::~~,.~,....~ ?,$__.....'.:..~.:_;,.~..;~_:,.~~.}q..ri_.-_:~~ .~_f,..___~. :.t:~e~I;.:~ent - W!th'-m.~:~an~gY;_I!~~~~~~\e~_OI~9i<l~,~~~~t~;~~~"{~t ':___:-....,~-;.~_~ _~-"~ " 1Ir 'ParllwdySo'ler&Solar.Hot W~t"r S~st"m '.~~%~I ~Ii f~$.tJ' . _-#-='~..~~. ~~:- ... -. .-- - .. -, - ~:: $ /::/<:,~.25'520 - The reu-alit pro1ect would dlsa help: lp ;. . :;~I:~~~;~'~ ;:~' de~i1~ future s:~ed~led_ ~P!a<:"m"[)~~f:::'~ '-.5 f: ., !~)~~;:~~. - ~<-.:~~:--'.'" :';~'''' - '", -~",'. '..y -:;';:~~"'tl':; ,~. _iT o. . ,,-*-, ' "..., ;:,.;.,,i:.~, : ~Pi:t~.~? TOTALS $ 1,974,300 8_6mlihonkWh 8130,000 $20000000 $30,104,300 382,OOOTherms 30,000 Galons 1,904 949720 E~CBG P'OO~'''d PrOI"013 _;,L.tl. lOll m z m m " " m < g 'J." ~ m ~ " > " :,~ ~ " m " , '" ~ ~ I m Ii ~ c ::E~ ~ " ffi ;, .0 " " I " Z !!:!2 ~ , , I; n Y'~ [ R ~ 0 , 0 0 , . @ it'" " , , i ~ c, 5 :f'" , g ~ ~ 0 0 ~' " [ a ~ z g " " ~ m ',-i" " < ~,(j' l' m ~ 8,~ 0 , ~ " m "' '" 0 '" ~ , " , " 0 0 '" ~ om 0 ~ " 0'0 '0 ~ '0 '" ? ~' " g e ,m j '" 6 ~'.g ~ '" '" " " E '" ] n m Om i "" i ~ z ~~,~ .m ~ iil ~ ! g ~ ~ g ! ro , ~~-~ '" , '" '" 0 ~ ~ m r ;~ '@,CL 0 iJ! [ " m 0 m ; ri 0 Q m n ~ ' 0 j ~ c. n '~ .g , '" [} m fi '" 00 ^ oe , 0 J , c'E 0 ~~ 3!:; ~ ~ a m 300."- ~ Co , rn '" ~ "' ! ~ ! 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(p e" 0 l!:~[c 2;;;o;-g ~~~~ * g ~ ~ !"~~~ n' a 5' ~ ,'. {;Q- "~o g ~ 8 ~ . * 11 g '8 ~ '2 o ~ ~]. ~' 5~5~ ';::g,gn ~ ~ g ~ !! ! ~ 1m ~ ~ ~ ~~ , n " "" . ::,- , c- ~"'C ",.o:JJ.>o)o."'~"',"" ~9g~~~~~6@ iii~!t~!!! ~ ~.~~~;;;~g ~ [ 3'''' ;l;-~g~~2it;::::; ~~~~. ~~,~.r~ HU lilll on ~ a. -< l5 . , m ~ 2 0 m , ~ 0 0 '" ~ m m m 0 , , , '" ~ i'i 0 . 2 m Q m 2 > n n ~ , ~ 5 w . ~ r n " 0 , 2 g W m " < .' > " , on 5 ~~ 2 m mo r mo 0 n, n ~~ ~ 0 ,g; ~ ;;liU 2 3 " ~ c' 3" m ". ii m n m 9 .8 ~. . " 3 n 3 ~ 0 0 0 0 0 o o 'g , ~ z c g R m , m ~ n ". . ~ ~. ~ ~ , o ~ . ~ ~ z . 0,' Sl 3 6: If (: '00 ~fH' ..^ ~[g Ol<r>,^ 2.0 :f " 0_ ~.~~ . 0 0 ~:i ENERG't Er-FICIENCY!l.. CONSERVATION BLeCK GRPNTS (E:C8G) ."ROPOSED PROJECTS LIST EECBG"dminlstr3l1Cn HomeUllgrJae,Calllon Downgld(jl!. E~e'~y Eriicencyd. Solar Retronts AllOvl!-Grouml3iOlJiesei T"nk funas'Nould suppor! SlJJt~me 3nd supolies 10 admlnJSler the Cirls ::::::caG ~rogram fer a 1.ye~r proqram FUlltlSwol1ldbeus;;o to launcn a commw"i'J enelgf en'cienq and solarrelwntproglamiorlesidenlsantl tus'ness"s_ OUl cithe saou~. up 10 SJ90,OOOwOUlllbe used tor a 'CommunllY Re'Jcl,ing Loan:'Nnlelhe remdllllllg allluuntwoulllbeuscutorui,et:l """,ncia mC>!nU~";; 3M program unplemenlaUon ;;DS1S. The tunds would be lever~gell ~,th a Droall..r communlly progrem 10 "[lance ener:Ji-s~vlng relrorlS in J AB811-i'Jpe pr~gram. Fundswuuld DI! useJ to purGnas" anu ins;all a 1U.UOO gaJlon aDeve"'3rC<Jn<liuell.lO" 10lfdnSltion IlIe C;l)'sOi~sd- po"'~r~u 'I"ni~tes 11~8 'olal} 10 mouiesd .lnO SUpporl l"uionaliJeelrF"/-nn-ast,uuuren"e1,l, Funds ~ould b<J US<.'110 lIolJ,1 soarpnClo",olta'G ;ystems MunlC'pa 5ola" Insta latjuns on :;ly-o.vn"<lbuJlaing, lndf"c:hlles,crellucll nun,coal energy USI! "na <1emantl. P,ukway Bo,lt;tr&' SolarHol WdterSyslt!1ll MunjdpJI Faulily Liglltlng Retrofils(Ph.>se2) FUlllJswould be USeOlOlI1s141lantl.....l1ign--etl'cellcy. GOnuertsingbo,l"ramlne",salarholw.alerpanelsellhe PJLkIVay Recredur,nCe"te,:!o p,avi<ledumest,c"ul"Jter dnOh"~ltheswLmmlngpooL . FLHlds",ouldlJeus"dIOllP\lfad..slo~I",ur~"lli"le"ur . ~!Inungii>:wreSdndGOnlroI5iStllmS d154 mUflilOlpal p3r1<s andbu,lllings. . Ml1llidpal He.lling & "ir _ Funds woulll be <Jsea to m.lke energ~ "ific:eocy upgrau"s Conllllloninu R"trnnls (Phas" to ltl" heating ana.\If roolli~onin9 S'I~lems ill the Suulh . 2) - . 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" z ~[ . r ." n hi~ n ~~ , 0 " ~ ~ ~ ~ 0'3 OJ .0 Ii "' c . 9 0 ~ , , 3 , , , 0 0 0 0 0 g ~ ~ ~ z c g 11 m ~ m . () .C!- o ~ ~ ~ " ! . > ~ ~ ~~~ 322 = ~ ~ ~ E i5 - D '" '" < '.0 ~ ~ ~ (;lV,.,; ~g ! ~~: 5';~~ ~f{ Qe.. \ -sed " \)e~ SIDK N~Ket ~\~ CITY OF ~~= CHULA VISTA MA Y 12,2009, Itcm_' ~ ITEM TITLE: SUBMITTED BY: REVIEWED BY: SUMMARY QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED MARCH 31, 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRlATING $120,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND AMENDING THE PERSONNEL SERVICES BUDGET FOR THE. RESIDENTIAL ABANDONED PROPERTY PROGRAM BASED ON OVERREALIZED REVENUES (4/5THS REQUIRED) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1,450,000 FROM THE AVAILAI3LE BALANCE OF THE GENERAL FUND FOR UNANTICIPATED PUBLIC LIABILITY EXPENDITURES AND FOR EXPENDITURES INCURRED FOR SERVICES PROVIDED BY THE COUNTY OF SAN DIEGO REGISTRAR OF .vOTERS . FOR THE PROPOSITION A BALLOT MEASURE (4/5THS REQUIRED) RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING AN APPROPRIATION FOR REPAYMENT FROM THE MERGED PROJECT FUND TO THE GENERAL FUND OF ADVANCES IN AN AMOUNT ESTIMATED AT $900,000 BUT WILL BE BASED ON AVAILABLE FUND BALANCE AT FISCAL YEAR END (4/5THS REQUIRED) DIRECTOR OF F~I CE/TREASUREI~ CITY MANAGER ASSISTANT CITY ANAGER 7'/ 4/5THS VOTE: YES 0 NO D Section 504 (I) of the City Charter requires quarterly financial reports to be tiled by the Direetor of Finance through the City Manager. Appropriations are being requested li'om the availablc balancc ofthc Gencral Fund for hourly stat1ing of code enforcemcnt activitics, public liability expenditures and services rendered by thc County of San Diego Registrar of Voters lor the Proposition A ballot measure. The RDA is requesting an appropriation in ordcr to repay the Gcneral Fund for advanccs the RDA has rcceived in the past MAY 12,2009, Item~ Page 2 0 I' 5 I~NVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that liling of the quarterly financial status repOlt is not a "Projeet" as delined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment: therefore, pursuant to Section 15060(e)(3) of the State CEQA Guidelines the actions proposed arc not subject to CEQA. RECOMMENDATION I. Council accepts the report. 2. Council approves the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Attached for your consideration is the financial report for the third quarter of liscal year 2008/09. The detailed financial report tor the quarter ending March 31, 2009 discusses the financial outlook tor the City's General Fund for the remainder of fiscal year 2008/09. Fiscal Year 2008/09 General Fund In the second quarter report for fiscal year 2008/09, the combined General Fund and Development Services Fund deficit was projected at $3.5 million. The deficit was due to a worsening economy and continued credit crisis and housing market meltdown. A plan to mitigate the CUlTent year deficit ineluded laying olT city employees in April, and imposing an administrative ti'eeze on all discretionary spending such as travel, conferences, memberships, and vehicle purchases. Also, due to better than anticipated tax increment revenues, an inter-limd loan repayment ti'om the Redevelopment Agency of approximately $900,000 is recommended to close the current year deficit. Other options to mitigate the current year delicit include reduced funding to the Workers Compensation Fund of $0.7 million, which would leave approximatcly $1.0 million in reserves for unanticipated claims. In addition, reduced limding to the Equipment Replacement Fund of approximately $0.6 million could also be applied to avoid additional delicits in the ClllTent year. These options could create potential future impacts to the General Fund if larger than usual unanticipated workers compensation claims materialize and when future replacement of vehieles is necessary. Fiscal Year 2008/09 Development Services Fund With the approval of the Fiscal Year 2008/2009 budget, the City Council authorized the creation of a stand-alone Development Services Fund (DSF) comprised of staff Irom the Departments of Planning & Building, Public Works and Engineering responsible tor the planning, permitting, plan review, and inspection of development projects. MAY 12,2009, Item Iv Page 3 01'5 As the fiscal year has progressed it has become apparent that despite cuts made to the Development Services Fund as part of Council actions taken on September 9,2008, development related revenues are insufficient to support expenditure levels. The Development Services Fund gap has increased from the reported $1.3 million at the November 17 budget workshop and is now projected to be at $1.7 million and it docs not appear it will be mitigated in the current fiscal year. Current DSF projections are displayed in the table below. ',,,", Projected projeeteil . Pr9j~~ted ' Division Revenues Expend'itures Net Imoae!" Planning S 2,222,223 $ 2,948,886 S (726,663) Building 1,742,789 2,449,584 (706,795) Engineering 1,678,038 1,898,853 (220,815) Public Works 1,583,695 1,659,187 . 175,492 DSF TOTAL $ 7,226,745 $ 8,956,510 $ 11,729,765) General Fund Appropriation Requests Residential Abandoned Pronertv Program The Code Enforcement Division has implemented the Residential Abandoned Property Program (RAPP) with a great amount of success. The program has been recognized nationally for its intent to maintain neighborhoods that have been impacted by foreclosures in residential areas. The number of foreclosures in Chula Vista has been so numerous that code enforcement stafT has been unable to keep pace with enforcing the RAPP for all residential foreclosures. In order to better enforce the RAPP throughout the City there is a need to hire on a temporary basis hourly non-benefited staff. The amount of the appropriation requested is $120,000 to amend the Personnel Services budget of the code enforcement budget. The cost of the stalling will be offset by an increase in revenue beyond previous projections. This increase is a result of previous enforcement actions !l'om all code enforcement programs. Public Liability The City has incurred greater than anticipated costs related to public liability for attorney fees and settlement costs. In discussions with the City's Risk Manager projected expenditures for public liability in the current fiscal year arc $1.9 million, which is currently budgeted at $776.000. An appropriation of $1.2 million is requested at this time to cover these expenditures. City Clerk An appropriation of $250,000 is necessary for the City Clcrk's budget lor expenditures related to services provided by the County of San Diego Registrar of Voters lor the Proposition A ballot IncaSllrc. Redevelopment Agency Appropriation Request Since the Redevelopment Agency's inception, the General Fund has advanced $30.8 million to the Redevelopment Agency as of the June 30, 2008 audited financial statements. The RDA has MAY 12, 2009, 1tcm~ Page 4 0 l' 5 been unable to repay the General Fund in the past due to fund balance deficits. At this time it is anticipated that the RDA will be able to repay between $900,000 to $1.1 million at the end of the current tiseal year. The actual amount of thc repayment will be determined as part of the fiscal year end c10sc to ensure that the RDA doesn't fall into a deficit. The repayments arc possible because tax increment revenues have grown steadily since the addition of the new project area. In the current fiscal year total tax increment revenues arc projected at $14.5 million compared to the prior year amount of $13.8 million. In addition, the RDA has had significant budgetary savings due primarily to vacancies or position cuts in the current fiscal year. DECISION MAKER CONFLICT Staff has reviewed the propeliy holdings of the City Council and has found a eontliet exists, in that Council Member Ramirez has property holdings within 500 feet of the boundaries of the property which is the subject of this action. This contliet is only with the Redevelopment Agency resolution. CURRENT YEAR FISCAL IMPACT The City's General Fund ended the fiscal year 2007/08 with an available balance of $9.3 million or 6.1 percent of the operating budget. For fiscal year 2008/09, due to the significant slow down in the economy and the continued housing crisis as well as the credit crisis, several major revenues are being adjusted downward by a total of $4.9 million. Offsetting the revenue shortfalls arc anticipated savings of approximately $2.7 million with additional offsets that include a loan repayment of approximately $900.000, reduced funding to the workers compensation and equipment replacement funds totaling $1.3 million. The appropriations requested have been already accounted for in the third qumier projections and therefore no additional impacts to the General Fund reserves are anticipated. 'Amended Bud et $ 9.3 143.3 143.3) ,General Fund Rese.ve (millions Reserves - July 1,2008 (unaudited) Revenues & Transfers In Ex enditures & Transfers Out Projected General Fund Deficit Pro'ected Develo ment Services Fund Deficit Total Pro'ected Deficit $ 31'0 Q Pro'ected $ 9.3 140.1 140,6 (0.5) 1.7 2.2 $ $ $ $ 0.9 $ 0.7 $ 06 $ 2.2 $ $ 9.3 $ 9.3 6.1% 6.1% MA Y 12, 2009, ltemE Page 5 0 f 5 ONGOING FISCAL IMPACT There arc no ongoing impacts as a result of this action. A TT ACHMENTS Attachment 1 Quarterly Financial RepOli Prepared hy" Phillip Davis, Assislant Director, Finance CITY COUNCIL & REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: SUBMITTED BY: REVIEWED BY: SUMMARY ~!~ CITY OF ~ (HUlA VJSTA MAY 12, 2009, Item~ QUARTERL Y FINANCIAL REPORT FOR THE QUARTER ENDED MARCH 31, 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $120,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND AMENDING THE PERSONNEL SERVICES BUDGET FOR THE RESIDENTIAL ABANDONED PROPERTY PROGRAM BASED ON OVERREALIZED REVENUES (4/5THS REQUIRED) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $1,450,000 FROM THE A V AILABLE BALANCE OF THE GENERAL FUND FOR UNANTICIPATED PUBLIC LIABILITY EXPENDITURES AND FOR EXPENDITURES INCURRED FOR SERVICES PROVIDED BY THE COUNTY OF SAN DIEGO REGISTRAR OF VOTERS FOR THE PROPOSITION A BALLOT MEASURE (4/5THS REQUIRED) RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING AN APPROPRIATION FOR REPAYMENT FROM THE MERGED PROJECT FUND TO THE GENERAL FUND OF ADV Ai'JCES IN AN AMOUNT ESTIMATED AT $900,000 BUT WILL BE BASED ON AVAILABLE FUND BALANCE AT FISCAL YEAR END (4/5THS REQUIRED) DIRECTOR OF FINI;fE/TREASURER--frK CITY MANAGER. ASSISTANT CITY' ANAGER 97 4/5THS VOTE: YES 0 NO D Section 504 (t) of the City Charter requires quarterly financial reports to be filed by the Director of Finance through the City Manager. Appropriations are being requested from the available balance of the General Fund for hourly staffing of code enforcement activities, public liability expenditures and services rendered by the County of San Diego Registrar of Voters for the Proposition A ballot measure. The RDA is requesting an appropriation in order to repay the General Fund for advances the RDA has received in the past 12-1 MAY 12, 2009, Item~ Page 2 of 5 ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that filing of the quarterly fmancial status report is not a "Project" as defmed under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. RECOMMENDATION 1. Council accepts the report. 2. Council approves the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Attached for your consideration is the financial report for the third quarter of fiscal year 2008/09. The detailed financial report for the quarter ending March 31, 2009 discusses the financial outlook for the City's General Fund for the remainder of fiscal year 2008/09. Fiscal Year 2008/09 General Fund In the second quarter report for fiscal year 2008/09, the combined General Fund and Development Services Fund deficit was projected at $3.5 million. The deticit was due to a worsening economy and continued credit crisis and housing market meltdown. A plan to mitigate the current year deficit included laying off city employees in April, and imposing an administrative freeze on all discretionary spending such as travel, conferences, memberships, and vehicle purchases. Also, due to better than anticipated tax increment revenues, an inter-fund loan repayment from the Redevelopment Agency of approximately $900,000 is recommended to close the current year deficit. Other options to mitigate the current year deficit include reduced funding to the Workers Compensation Fund of $0.7 million, which would leave approximately $1.0 million in reserves for unanticipated claims. In addition, reduced funding to the Equipment Replacement Fund of approximately $0.6 million could also be applied to avoid additional deficits in the current year. These options could create potential future impacts to the General Fund if larger than usual unanticipated workers compensation claims materialize and when future replacement of vehicles IS necessary. Fiscal Year 2008/09 Development Services Fund With the approval of the Fiscal Year 2008/2009 budget, the City Council authorized the creation of a stand-alone Development Services Fund (DSF) comprised of staff from the Departments of Planning & Building, Public Works and Engineering responsible for the planning, permitting, plan review, and inspection of development projects. 12-2 MA Y 12, 2009, Item-1L Page 3 of5 As the fiscal year has progressed it has become apparent that despite cuts made to the Development Services Fund as part of Council actions taken on September 9, 2008, development related revenues are insufficient to support expenditure levels. The Development Services Fund gap has increased from the reported $1.3 million at the November 17 budget workshop and is now projected to be at $1.7 million and it does not appear it will be mitigated in the current fiscal year. Current DSF projections are displayed in the table below. Planning Building Engineering Public Works DSF TOTAL $ $ General Fund Appropriation Requests Residential Abandoned Property Program The Code Enforcement Division has implemented the Residential Abandoned Property Program (RAPP) with a great amount of success. The program has been recognized nationally for its intent to maintain neighborhoods that have been impacted by foreclosures in residential areas. The number of foreclosures in Chula Vista has been so numerous that code enforcement staff has been unable to keep pace with enforcing the RAPP for all residential foreclosures. In order to better enforce the RAPP throughout the City there is a need to hire on a temporary basis hourly non-benefited staff. The amount of the appropriation requested is $120,000 to amend the Personnel Services budget of the code enforcement budget. The cost of the staffing will be offset by an increase in revenue beyond previous projections. This increase is a result of previous enforcement actions from all code enforcement programs. Public Liability The City has incurred greater than anticipated costs related to public liability for attorney fees and settlement costs. In discussions with the City's Risk Manager projected expenditures for public liability in the current fiscal year are $1.9 million, which is currently budgeted at $776,000. An appropriation of $1.2 million is requested at this time to cover these expenditures. City Clerk An appropriation of $250,000 is necessary for the City Clerk's budget for expenditures related to services provided by the County of San Diego Registrar of Voters for the Proposition A ballot measure. Redevelopment Agency Appropriation Request Since the Redevelopment Agency's inception, the General Fund has advanced $30.8 million to the Redevelopment Agency as of the June 30, 2008 audited financial statements. The RDA has 12-3 MAY 12,2009, Item-.lL Page 4 of 5 been unable to repay the General Fund in the past due to fund balance deficits. At this time it is anticipated that the RDA will be able to repay between $900,000 to $1.1 million at the end of the current fiscal year. The actual amount of the repayment will be determined as part of the fiscal year end close to ensure that the RDA doesn't fall into a deficit. The repayments are possible because tax increment revenues have grown steadily since the addition of the new project area. In the current fiscal year total tax increment revenues are projected at $14.5 million compared to the prior year amount of $13.8 million. In addition, the RDA has had significant budgetary savings due primarily to vacancies or position cuts in th~ current fiscal year. DECISION MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations section 18702.4(a). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code ~ 87100, et seq.). CURRENT YEAR FISCAL IMP ACT The City's General Fund ended the fiscal year 2007/08 with an available balance of $9.3 million or 6.1 percent of the operating budget. For fiscal year 2008/09, due to the significant slow down in the economy and the continued housing crisis as well as the credit crisis, several major revenues are being adjusted downward by a total of $4.9 million. Offsetting the revenue shortfalls are anticipated savings of approximately $2.7 million with additional offsets that include a loan repayment of approximately $900,000, reduced funding to the workers compensation and equipment replacement funds totaling $1.3 million. The appropriations requested have been already accounted for in the third quarter projections and therefore no additional impacts to the General Fund reserves are anticipated. $ 0.9 $ 0.7 $ 0.6 $ 2.2 $ $ 9.3 $ 9.3 6.1% 6.1% 12-4 MAY 12, 2009, Item~ Page 5 of5 ONGOING FISCAL IMPACT There are no ongoing impacts as a result of this action. ATTACHMENTS Attachment 1 - Quarterly Financial Report Prepared by: Phillip Davis. Assistant Director, Finance 12-5 ~ \ fc.. -~- F _ CIlY OF CHUlA VISTA OVERVIEW This financial report summarizes the City's General Fund financial position for the. fiscal year July 1, 2008 through March 31, 2009. The purpose of this report is to provide the City Council, Management and the Citizens of Chula Vista an update on the City's fiscal status based on the most recent financial information available. ECONOMIC UPDATE National News In its first quarterly report of 2009, the UCLA Anderson links the current national recession to slumping, international economic conditions that will impact the timing and pace of any national recovery. The Forecast asserts that a turnaround in the U.S. economy depends upon a recovery in world trade. The report also states that regardless of the steps taken by the U.S. government, national solutions will not be enough to restore growth and therefore global solutions are essential. In California, it's forecasted that. the economy will remain in turmoil for the foreseeable future as the twin sector engines of consumers and construction continue to drag. The UCLA Anderson Forecast reports that real Growth Domestic Product (GDP) declined by 6.1 % in the fourth quarter of 2008 and foresees further declines of 6.8%, 4.5% and 1.7% in the first three quarters of 2009. As a result of the prolonged contraction, the nation's economy will likely lose 7.5 million jobs from the peak and unemployment will soar. UCLA Anderson predicts that the unemployment rate will peak at 10+% in mid- 2010 and the employment recovery of the 2007-2009 recession will be "long and arduous." The Conference Board Consumer Confidence Index™, which had posted a slight increase in March, improved considerably in April. The Index now stands at 39.2, up from 26.9 in March. Consumer Confidence rose in April to its highest reading in 2009, driven primarily by a significant improvement in the short-term outlook. The Present Situation Index posted a moderate gain, a sign that conditions have not deteriorated further, and may even moderately improve, in the second quarter. The sharp increase in the Expectations Index suggests that consumers believe the economy is nearing a . Quarterly Financial Report - General Fund Third Quarter Ending March 31, 2009 bottom, however, this Index still remains well below levels associated with strong economic growth." The U.S. Census Bureau estimates U.S. retail sales for March, decreased by 1.1 percent from the previous month and 9.4 percent below March 2008. Total sales for the January through March 2009 period were down 8.8 percent from the same period a year ago. Local News The University of San Diego's Index of Leading Economic Indicators for San Diego County fell 2.2 percent in March. All six components in the Index, which include building permits, unemployment insurance, stock prices, consumer confidence, help wanted advertising and the national economy, were down at the end of March. The largest decline occurred in help wanted advertising (-4.65%) followed by sharp declines in consumer confidence (-3.27%) and unemployment insurance (-2.31%). The USD Index has now fallen in 35 of the last 36 months. It was also the sixth month in a row that the Index declined by more than two percent, which corresponds to the six largest drops on record. San Diego Index of Leading Economic Indicators 150.0 145.0 140.0 135.0 130.0 125.0 120.0 115.0 110.0 105.0 100.0 95.0 Jan~03 Jan-04 Jan-OS Jan-06 Jan-D7 Jan-08 Jan-09 The outlook for the local economy remains strongly negative at this point with no turnaround in sight. The bad job growth numbers for February got worse in March, with San Diego County losing more than 44,000 jobs compared to the year before. Both the national and local economies are caught in a vicious cycle where job losses are reducing incomes, which reduces consumption, auto sales, and home sales, which in turn leads to even more job losses. 12-6 QUARTERLY FINANCIAL REPORT THIRD QUARTER OF 2008/09 Page 2 of 5 GENERAL FUND SUMMARY Revenues City Council Policy No. 220-03 recommends the City maintain at least an 8 percent reserve level. As of June 30, 2008, the General Fund reserve level was at 6.1 percent (audited). ~~{f3!2*WJ.,;\~~t;:'::':~~\~r{i:';~.~~;~~~:,,::;1~t{~,~,::~:(fr:f, ;:~:,i".'~:'~?"~'i~J1~9~~1?\~~;,~.r~~.9,~~~ General Fund Reseve millions y:.':',,;(:;::~...>:'t Bud et:t:J Pro ected Reserves - July 1, 2008 (unaudited) $ 9.3 Revenues & Transfers In 143.3 Ex enditures & Transfers Out 143.3 Projected General Fund Deficit $ Pro'ected DSF Deficit Total Pro'ected Deficit $ 0.9 $ 0.7 $ 0.6 $ 2.2 $ $ 9.3 $ 9.3 6.1% 6.1% I n the second quarter report for fiscal year 2008/09, the combined General Fund and Development Services Fund deficit was projected at $3.5 million. The deficit was due to a worsening economy and continued credit crisis and housing market meltdown. A plan to mitigate the current year deficit included laying off city employees in April, imposing an administrative freeze on all discretionary spending such as travel, conferences, memberships, and vehicle purchases. Also, due to better than anticipated tax increment revenues, an inter-fund loan repayment from the Redevelopment Agency of approximately $900,000 is recommended to close the current year deficit. The proposed options to mitigate the current year deficit include reduced funding to the Workers Compensation Fund of $0.7 million, which would leave approximately $1.0 million in reserves for unanticipated claims. In addition, reduced funding to the Equipment Replacement Fund of approximately $0.6 million could also be applied to avoid additional deficits in the current year. Neither of these options could create potential future impacts to the General Fund if large unanticipated workers compensation claims materialize and when future replacement of vehicles is necessary. 12-7 As the economy continued to worsen throughout the current fiscal year, several discretionary revenues were adjusted downward by $2.8 million. A brief discussion of the revised revenue projections will follow. ~i~!lr~~\~~?~~t~~i1~;'~,:f~:~ '.'.'''A'' FY 2008/09,,,,,,'i\,. fJ~~2B~{~f:~. .; Budaet! " Prolected:; ,. Sales Tax $ 29,678 $ 26,890 (52.788) Property Tax 30,232 29.232 (1.000) Motor Vehicle License Fee 20,216 19,816 (400) Franchise Fees 8,732 10,033 1,301 Utility Users Tax 7,122 7,422 300 Transient Occupancy Tax 2.753 2,570 (183 Total $ 98,733 $ 95,963 ($2,770 Reflected in the chart below are departmental programmatic revenue adjustments of $0.4 million. The adjustment is necessary due to continued declines in development related revenues, grant reductions, capital improvement project revenues and other fees for city services. J~~f#%~~*.i\~~~i~t~::;;~:':".,.:,/,,~,~,~ .~ .,..''':If.::;, F.Y' 2008/09::i'9"-lF '~'?~<'~&~li~~,!~ Rs'y'enue' 'Catecio'rv;;(~r) ~" ';(~~ i: Budget' ":' ProjeCted', Development Revenue $1,966 $995 (5971) Licenses and Permits $518 5660 $142 Fine, Forfeitures & Penalties 5 1 ,494 $2,231 $737 Use of Money arid Property $2,421 $4,059 $1,638 Other Local Taxes $2,164 52,031 (5133) Police Grants $1,823 $1,724 (599) Other Agency Revenue $3,546 $3,201 ($345) Charges for Services $6,371 $5,834 ($537) Interfund Reimbursements 59,271 $9,288 $17 Other Revenues $2,712 $3,070 5358 Transfers From Other Funds $12,272 511,058 ($1,214\ Total $ 44,558 $ 44,151 ($407) Property Taxes. The City of Chula Vista receives property tax revenue based upon a 1.0 percent levy on the assessed value of all real property. Property tax is the City's largest revenue source, representing 19.1 percent of the General Fund revenue in fiscal year 2007/08. The City's assessed value grew at historical rates until recently with the largest percentage increase of 20 percent occurring in fiscal year 2005/06. Based on the June 2008 County Assessor's Annual Valuation Report for fiscal year 2008/09, the assessed value in Chula Vista grew by 2.21 percent due tl~f~~~~~.::"i*,~; 'f'I~'to'eCtro" .'" 'J...~i!i.'y."",' J""~:i"' ~'.~ ~{iii~:$~~;:~;~1" '$700"00 ' ~l:~~~;!i~J~:;;~~~~,~,~';,~ 'i~'_~~':: '"t QUARTERLY FINANCIAL REPORT THIRD QUARTER OF 2008/09 Page 3 of 5 to a combination of increased commercial values, addition of the SR125 toll road to the tax roll and the drop in residential assessed values. i: ' Q . f ~. '" '~ 1;' i ." .1',,; ::?':;' aJ ' n . l . i:' . II, 19!!"11'!"t!., ~ ' . " · r !! i The fiscal year 2008/09 property tax budget anticipated a 3.9 percent increase. The current projections for Property Tax are being further adjusted downwards by $700,000 for a total adjustment of $1:0 million to reflect the final Assessor's value of 2.21 percent. Property Tax Delinquency Rate 4.5% 4.0% 3.5% 3.0% 2.5% 2.0% 1.5% 1.0% 0.5% 0.0% ':;'~*'.~~, .;;.:., . '~~i,,~.~' ~:';~<~:;~~: '..~!'::.'i.ij/ ":;.v': .~~ li",:.:sh ~~:P~I?l,~~~:',! -, }..,; ~lw'~.:' .::;i,.~' ;~~;&":.i,:\'~"J:~:':::"::~~~~" ~ "~"'A:':.~;;;ii-.::~ ~~),,~~~tZ';.tr.~_~j'i-"€~S2~~$r_>-,.!. ;:!!.:~?~\kt.i~ ?j,~.tl~h' ,~>r 1-:';. i-;'"~' ~I.:.'~:.~'~: .'':;,1: '~}.~;;~~\~~\1:I;'t:~:.r)gimi'i,i,~ ~;i{ifi,;'" ",.lVit:; :'~ '.::S'i~f-::rl~:u~:~':,; "i':J:.f.J";' ,; ...,~:!<~ . i. ~:~Kq,~:%1'~~'7rj:: -."_..--.}5;d);H'if;::. J, ....- ~', /.~. , ~, : ",." '.:';'1'" I) .:', . .::; ,:D>_:;>:.1;~~;;i,~;~;~;;-1(.'".?',~;:":',';'..~';;,?::-~" ",:..;",;'. : :;" ~".,"~,~"i;:.,;~:\:,~' 5...):::". ';J;' FY98/99 FY01/02 FY04/05 FY07/0B Also impacting property tax revenues are the property tax delinquency rates that continue to climb as the sub- prime mortgage crisis is leaving many homeowners with mortgages that are greater than the current value of their homes. As seen in the chart above, the delinquency rate has more than doubled from an average of 1.7 percent for fiscal years 1998/99 to 2004/05 to 3.96 percent for fiscal year 2007/08. ~~~":t1J/:)5r~i:l;;'~. :l',;:${~.::",;>':', " ,;c'. Median I?ri ce~.ti:~t~ '" Percent. Zip' c~lrEi' toeale") ::'.;:' 2009'-:~ '~':'~'.'I 2008Y~; :'C'h~riQe. 91910 North $ 250,000 $ 330,000 -24.2~/o 91911 South $165,000 S 308,000 -46.4% 91913 Eastlake $310,000 $ 391 ,000 -20.7% 91914 NE $ 387,500 $ 496,000 -21.9% 91915 SE $ 344,000 $ 391 ,500 -12.1% Source: San Diego Union 12-8 A comparison of sales data for March 2008 to March 2009 reveals that prices have dropped dramatically from March 2008 levels. Recent sales data indicates that the median price drops range as high as 46.4 percent in the hardest hit areas of the City. Foreclosures are having an additional negative impact on property tax revenues in the City by depressing housing values. The drop in assessed values has triggered Proposition 8, a constitutional amendment passed in 1978 that allows a temporary reduction in assessed value when real property suffers a "decline-in- value". Therefore, as assessed values fall, homeowners can apply for a reassessment of their homes which would lead to a reduction of property taxes based on the lower assessment. Many of these downward reassessments may not appear on property tax bills requiring further adjustments to the fiscal outlook beyond fiscal year 2009/10. Sales Tax. Sales tax is the City's second largest revenue source, representing 18.5 percent of fiscal year 2007/08 actual revenues. City staff met with the City's sales tax consultant, MuniServices, to review the most recent sales tax revenues. They report that the change in sales tax receipts between fourth quarter 2007 and the fourth quarter 2008 decreased by -10.8 percent Statewide, by -12.0 percent in Southern California and -10.9 percent in Chula Vista. , t 1 f , ~ , , . i ~ , i . j ~ ii , ; ! The chart above compares Chula Vista's sales tax with that of other jurisdictions in the County during the fourth quarter of the calendar year. The chart below depicts the City's sales tax history from fiscal year 1999/2000 to the end of the current fiscal year. For current fiscal year QUARTERLY FINANCIAL REPORT THIRD QUARTER OF 2008/09 Page 4 of 5 2008/09, the projection reflects a decrease of 5 percent from the prior year actual amount received. ~ $35 " . Sales Tax History FYt9J9I0llIoFY200ll~ '" Motor Vehicle License Fee (VLF). The State Budget Act of 2004 deleted the VLF backfill, which had compensated cities and counties for the State's reduction of the VLF rate from 2 to 0.65 percent. Under the swap, 90 percent of City VLF revenue was exchanged for property tax which means the majority of VLF revenues for each city will change essentially in proportion to the growth of real property assessed values. Under this formula, the remaining 10 percent of revenues are based on vehicle registrations and the revenues are distributed in the following order: the State (for administrative charges), Orange County, cities incorporated after August 5, 2004 and finally the remaining funds are allocated among all other cities based on the proportionate population of all cities. Motor Vehicle License Fee Revenue FY04/0S FYOS/OS FYOS/07 FY07/0B FYOS/09 Est El State Charges IJ1 Orange County 0 Special City 0 Cities State charges for the DMV and other functions are based on a forecast of VLF revenues. VLF revenues have fallen well short of the forecast but the State budget has not been adjusted to reflect actual 12-9 collections. This has caused a decline in the remaining revenues available for allocation to cities (illustrated in the chart above). This revenue shortfall has resulted in insufficient funds to pay the cities. Chula Vista did not receive their November or December allocation. Due to the new formula that relies on assessed valuations and the decline in automotive sales this revenue source has been adjusted downward by an additional $300,000 in the third quarter for a total of $400,000. Franchise Fees. The revenue projection was revised upward in the first quarter by $900,000 to increase the fiscal year 2008/09 base budget amount to equal actual amounts received in fiscal year 2007/08. An additional upwards adjustment of $370,000 is being made due to the trending of actual revenues received to date. Utility Users Tax (UUT). Revenues are projected at $7.4 million, which is the same as the prior year actual revenues. This revenue stream continues to be at risk as several legal challenges make their way through the courts. Development Related Revenues. Development related revenues in the General Fund are being adjusted downwards by $971,000 due to the continued deterioration of the housing market. Interfund Transfers & Reimbursements. Interfund transfers and reimbursements are being reduced by $1,2 million due to reduced staff time reimbursements from the sewer and development impact fee funds. Expenditures D1~~-~~~~iti~ i;'!,:~~~~::~::~: ' ~;-'lj,.__~mer-~~d ~~pe~d~.d ,~X~,!,lable' . Percent ".I \ . Budget: -.' YTD ", Balance.: - E~pen~ded City Council $ 1,311,626 $ 816,449 $ 495,177 62.2% Boards/Commissions 14,736 3,931 10,805 26.7% City Clerk 971,934 625,366 346, 568 64.3% City Attorney 2,431,634 1.227,124 1,204,510 50.5% Administration 4,253,392 3,068,222 1,185,170 72.1% Information Technology 3,824,199 2.562,014 1,262,185 67.0% Human Resources 4,776,085 4,293.993 482,092 89.9% Finance 2,737,944 1,837.777 900,167 67.1% Non-Departmenta! 5,364,967 9,116,359 ($3,751,392) 169.9% Planning and Building 2,479,239 1,641,778 837.461 66.2% Engineering 4,756,301 3.245,446 1,510,855 68.2% Public Works 24,717,673 15,966,906 8,750,767 64.6% Police 47,990,954 32,447,351 15,543,603 67.6% Fire 23,103,566 16,307,720 6.795,846 70.6% Recreation 6,437,754 4,098,331 2.339,423 63.7% Library 8,089,924 5.193,084 2,896,840 64.2% Total General Fund 5143,261,928 $102,451,851 $40,810,077 71.5% The General Fund's Amended Budget reflects the Council adopted budget of $143.3 million and all mid- year appropriations ($918,519) approved by City RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRlATING $120,000 FROM THE A V AILABLE BALANCE OF THE GENERAL FUND AND AMENDING THE PERSONNEL SERVICES BUDGET FOR THE RESIDENTIAL ABANDONED PROPERTY PROGRAM BASED ON OVERREALIZED REVENUES WHEREAS, the Code Enforcement Division has implemented the Residential Abandoned Property Program (RAPP) with a great amount of success, and WHEREAS, the program has been recognized nationally for its intent to maintain neighborhoods that have been impacted by foreclosures in residential areas; and WHEREAS, the number of foreclosures in Chula Vista has been so numerous that code enforcement staff has been unable to keep pace with enforcing the RAPP for all residential foreclosures; and WHEREAS, in order to better enforce the RAPP throughout the City there is a need to hire on a temporary basis hourly non-benefited staff; and WHEREAS, the amount of the appropriation requested is $120,000 to amend the Personnel Services budget of the code enforcement budget; and WHEREAS, the cost of the staffing will be offset by an increase in revenue beyond previous projections; and WHEREAS, this increase IS a result of previous enforcement actions from all code enforcement programs; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the appropriation request of $120,000 from the available balance of the General Fund amending the Personnel Services of the. Code Enforcement Division (organizational key 12350). Presented by Approved as to form by ~~~ Bart C. MiesfelcC City Attorney D ~?(/7Gf Maria Kachadoorian Director of Finance 12-10 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRlATING $1,450,000 FROM THE A V AILABLE BALANCE OF THE GENERAL FUND FOR UNAt'lTICIPATED PUBLIC LIABILITY EXPENDITURES AND FOR EXPENDITURES INCURRED FOR SERVICES PROVIDED BY THE COUNTY OF SAN DIEGO REGISTRAR OF VOTERS FOR THE PROPOSITION A BALLOT MEASURE WHEREAS, the City has incurred greater than anticipated costs related to public liability for attorney fees and settlement costs, and WHEREAS, in discussions with the City's Risk Manager projected expenditures for public liability in the CUlTent fiscal year are $1.9 million; and WHEREAS, public liability expenditures for fiscal year 2008-09 are currently budgeted at $776,000; and WHEREAS, an appropriation of $1.2 million IS requested at this time to cover these expenditures; and WHEREAS, services have been provided by the County of San Diego Registrar of Voters for the Proposition A ballot measure; and WHEREAS, an appropriation of $250,000 is necessary to the City Clerk's budget for expenditures related to services provided by County of San Diego Registrar of Voters; and WHEREAS, the appropriations requested have been already accounted for in the third quarter projections and therefore no additional impacts to the General Fund reserves are anticipated; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the appropriation requests of $1,450,000 from the available balance of the General Fund amending the Human Resources Department budget and the City Clerk budget. Presented by Approved as to form by ~ ~~ Df?V7l-j Bart C. Miesfel City Attorney Maria Kachadoorian Director of Finance 12-11 RESOLUTION NO. 2009- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING AN APPROPRIATION FOR REPAYMENT FROM THE MERGED PROJECT FUND TO THE GENERAL FUND OF ADVANCES IN AN AMOUNT ESTIMATED AT $900,000 BUT WILL BE BASED ON AVAILABLE FUND BALANCE AT FISCAL YEAR END WHEREAS, since the Redevelopment Agency's inception, the General Fund has advanced $30.8 million to the Redevelopment Agency as of the June 30, 2008 audited financial statements, and WHEREAS, the Redevelopment Agency has been unable to repay the General Fund in the past due to fund balance deficits; and WHEREAS, at this time it is anticipated that the RDA will be able to repay between $900,000 to $1.1 million at the end of the current fiscal year; and WHEREAS, the actual amount of the repayment will be determined as part of the fiscal year end close to ensure that the RDA doesn't fall into a deficit; and WHEREAS, the repayments are possible because tax increment revenues have grown steadily since the addition of the new project area; and WHEREAS, in the current fiscal year total tax increment revenues are projected at $14.5 million compared to the prior year amount of$13.8 million; and WHEREAS, the RDA has had significant budgetary savings due primarily to vacancies or position cuts in the current fiscal year; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista sitting as the Redevelopment Agency Board does hereby approve the repayment from the Redevelopment Agency Merged Project Fund to the General Fund of an amount equal to and not-to-exceed the Redevelopment Agency available fund balance to be determined at fiscal year end for fiscal year 2008-09. Presented by Approved as to form by ~ 0/~ DiP"''/' Bart C. Miesfeld City Attorney Maria Kachadoorian Director of Finance/Chief Financial Officer of the Redevelopment Agency 12-12 DRAFT ~~~ ~~ .." '0"'. '. . . '. ~, - ~-- ~......._1i:; "'------....... C1lY OF CHUlA VISTA CAPITAL IMPROVEMENT PROGRAM PROPOSED BUDGET FISCAL YEAR 2009-2010 CHERYL COX MAYOR JOHN MCCANN STEVE CASTANEDA RUDY RAMIREZ PAMELA BENSOUSSAN COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER JIM SANDOVAL CITY MANAGER DONNA NORRIS CITY CLERK BART MIESFELD CITY ATTORNEY DRAFT ~~~ ~.'~ .=. '....'" . ~ ~ ~ C1lY OF CHULA VISTA ADMINISTRATION Jim Sandoval Scott Tulloch Leah Browder Gary Halbert DIRECTORS Maria Kachadoorian Michael Meacham Richard Hopkins Dave Hanneman "' Louie Vignapiano Kelly Bacon Richard Emerson Buck Martin City Manager Assistant City Manager Deputy City Manager/Library Director Deputy City Manager/Director of Development Services Director of Finance/Treasurer Director of Conservation and Environmental Services Director of Public Works / City Engineer Fire Chief Director of Information Technology Services Director of HUl1'1an Resources Chief of Police Director of Recreation / Nature Center / DRAFT DRAFT TABLE OF CONTENTS INTRODUCTION...................................................................................................................... ..1 PROGRAM OVERVI EW .............................................................................................................2 REVENUE SUMMARY...............................................................................................................4 EXPENDITURE SUMMARY.......................................................................................................8 CIP PROJECT GEOGRAPHICAL BALANCE ...........................................................................12 ACKNOWLEDGEMENT.......................................................................................................... .14 REPORTS AND TABLES........................................................................................................ .15 PROJECT DESCRIPTION REPORTS......................................................................................16 GLOSSARY OF FINANCE AND BUDGET TERMS ................................................................103 INDEX..................................................................................................................................... 106 DRAFT INTRODUCTION As a result of the nationwide economic downturn, and reduced revenues coming into the City, City staff has conducted a comprehensive review of its Capital Improvement Program (CIP) and project schedules. In an effort to stimulate the economy and take advantage of good market prices an aggressive project schedule is proposed for the coming fiscal year. As a result new grant funds including the ARRA (American Recover and Reinvestment Act) funding and available funds from the prior year CIP appropriations have been reprogrammed and the proposed FY 2009-10 CI P totals $30 million, an increase of about 37% over last year's 2008-09 CIP. The proposed CIP budget is the result of three major accomplishments by the Department of Public Works: . Completion of Phase I, the redesigning and web-based automation of the City of Chula Vista's Capital Improvement Program and its management. In December 2008, the City Council awarded a contract to CIPPlanner and implemented CIPAce for automation of the CIP. CIPAce is a web-based enterprise class software application that enables agencies to manage their entire capital program by a single database. The project included configuration analysis, data migration, user training and integration of the City's . financial system, project and resource management. The integrated approach and five year programming enhances the City's ability to effectively manage the Capital .Improvement Program portfolio over the course of its lifecycle. This system enables staff to assess, evaluate, prioritize and manage Capital projects on a daily basis in an effort to determine the most optimal use of funds and human resources as well as track project status and related efficiency measures. Phase II (Fiscal Integration) and Phase III (Resource and Project Management) are anticipated to be complete in FY 2009-10. o Preparation of a forecasted five-year capital prograllJ. The proposed 2010-14 Capital Improvement Program (CIP) budget will serve as a multi-year planning instrument to, identify needs and financing sources for public infrastructure improvements. The goal is two-fold: 1) identify and plan for infrastructure improvements and 2) inform city residents how the City plans to address significant capital needs over the next five years. Please note that although capital projects are scheduled throughout the five-year plan, only those programs scheduled during the first year are funded and adopted as part of the Annual Budget. Programs slated for design and construction in subsequent years may be adjusted to reflect priority changes or funding restraints. · Award of $6.2 million in new grant funding (includes ARRA funding of $3.36 million) for Capital Improvement Projects, thus reducing the reliance in the General Fund. The following is a summary of those projects: o Industrial Blvd - Bike Lane & Pedestrian Improvements ($284K) o Pavement Rehabilitation - Federal Aid Highways ($2.61 million) o Traffic Signal Modification 4th & Main, Beyer ($450K) o Traffic Signal Modification 3rd & Montgomery ($300K) o Third Avenue Streetscape Implementation Project ($2 million) o Bicycle Amenities for commuters (prior year appropriation) DRAFT o Light Rail Trolley Corridor Study in Chula Vista (mid year) o 1-805 South TLSP Grant (via SANDAG) o Environmental Mitigation Program ($373K) o Public Library Federal Grant ($95K) Despite staff's success in developing the proposed CIP budget, significant challenges continue to face the City due to deteriorating infrastructure that has exceeded service life and due to limited availability of resources. The most recent example is the failure of five storm drains in the City. In February and March 2009, three corrugated metal pipe (CMP) storm drain failures were discovered at three locations in close proximity to residential structures in the City of Chula Vista. These failures occurred at (1) 882 Helix Avenue, (2) 106 EI Capitan Drive, and (3) 1188 Neptune Drive. Each of these CMP failures, if not repaired, poses an imminent threat to public safety and private property. In addition, staff was made aware of a (7-ft by 7-ft by 10-ft deep) sinkhole on Thursday, February 19, 2009 that had developed at (4) 1526 Grand Teton Court due to the displacement of concrete storm drain pipe segments. A more recent failure occurred at (5) Poggi Channel, north and south of Rancho Road (36" low-flow pipe). All of these emergency repairs must be undertaken to protect life and property and are proposed for funding using TransNet funds. A new project is being proposed in FY10 to address these failures. The final proposed appropriations to be incorporated in the FY 2009-10 budget are anticipated to go to City Council for adoption in June 2009. CIP Document The CIP document's is an integral part of the City's overall budget program. As with past budgets, this document is similar in its format. In an effort to make the document user-friendly, it has been partitioned into three categories. The first section provides a summary of the general nature of the program, revenue and expenditure summary and analysis of the geographical distribution of the projects included in the program. The second section contains a variety of tables that depict the program from a number of perspectives, including sorting projects by type, location and funding source. This section also contains some historical information and the five-year funding projections for each project contained in the program. The last section, which makes up the bulk of the document, contains descriptions of all projects that are being funded as part of the FY 2009-10 budget. These descriptions include the Location, Responsible Department, Intent, Justification and Funding Allocation. The Glossary provides definitions and the Index includes a comprehensive list of the projects contained in the budget, including the project name, page it can be found on, project number and accounting project number. PROGRAM OVERVIEW To follow is the fiscal year 2009-10 Capital Improvement Program (CIP). The program outlined herein was developed with two main goals in mind. The first is to build upon the City's growing recognition of the need for additional commitment and funding for infrastructure preservation efforts. The second goal is to recognize the changing fiscal position of the City and downturn in development-related capital revenues. While there are still several development-related capital projects in the program, the overall CIP seeks to balance both the types of projects and the 2 DRAFT geographical locations where projects would occur to best meet the needs of the City and its residents, businesses and visitors. Significant funding is dedicated to on-going infrastructure rehabilitation projects. These include streets, sidewalks and sewers. In particular, street-related rehabilitation projects are predominant in this program. These projects occur on a citywide basis and are part of a comprehensive process that the City performs every year to assess the most cost efficient manner to preserve and rehabilitate the City's infrastructure. The City utilizes a comprehensive pavement management system, which forms the basis for the development of current and future pavement rehabilitation projects. With regard to the street rehabilitation effort, the City continues to focus significant attention and resources on street improvements in western Chula Vista. A number of projects have been undertaken in the past several years, including over $10 million of street rehabilitation projects, as well as significant sidewalk improvements. That effort will continue and will also include the formation of assessment districts on a number of streets in the Castle Park neighborhood. During fiscal year 2007-08, the City successfully completed the process for obtaining a $9.5 million loan from the US Department of Housing and Urban Development for street improvements in the Castle Park neighborhood. Those loan proceeds became available to the City in June of 2008 and will be paid back from the City's annual allotment of CDBG funds. Construction of First Avenue, between Naples Street and Palomar Street, is complete and a number of street improvement projects are moving forward, including work on Glenhaven Way (west of First Avenue), Oxford Street (Third Avenue to Alpine Avenue) and Second Avenue (Naples Street to Palomar Street). Once these projects on the main streets in the neighborhood are completed, remaining funds will be utilized on local streets within the Castle Park neighborhood. The City continues to focus on its Annual Sewer Rehabilitation Program, which expends approximately $1 to $2 million annually for the replacement and rehabilitation of sewer pipes and manholes. The City also utilizes standardized evaluation and ranking criteria in televising and evaluating the condition of sewers in order to assure that the most critically impacted sewer infrastructure is replaced or rehabilitated first. As previously mentioned, over the last several years the City has evaluated the condition of its Storm Drain facilities, which includes approximately 88,000 lineal feet of corrugated metal pipe (CMP) storm drain within the City limits. CMP storm drains have not been allowed for permanent use in the City of Chula Vista for over 20 years due to more rapid deterioration than other types of pipes, such as plastic and reinforced concrete pipes. The deteriorating CMP storm drains were categorized as Priorities 1 thru 4, as follows: Priorit 1 2 3 4 5 Lineal Feet of CMP 2,282 ft 21,858 ft 9,698 ft 2,437 ft 6,785 ft Much of the CMP identified as Priority 1 has been rehabilitated. However, due to limited funding, priorities 2,3 and 4 are being addressed on an as-needed basis, either after failure has occurred or when failure is imminent. The CIP Program seeks to find dedicated funding for this 3 DRAFT critical program; however, due to eligibility limitations and availability of such funds, it has been increasingly difficult to fund CMP replacement and rehabilitation work. A total of $1.2 million in TransNet monies are being proposed to fund calendar year 2009 emergency drainage projects. While this focus on infrastructure continues, the City has also engaged in a program for the construction of several facilities. Since 2002, the City has undertaken over $63 million of new park and recreation facility construction. Construction activities have commenced on Mt. San Miguel Community Park and All Seasons Park construction is proposed in the FY 2009-10 program. Over 151 acres of new parkland and 58,000 square feet of new recreation center space will have been added between 2002 and the end of fiscal year 2008-09. The $50 million renovation of the Civic Center Complex is complete and the buildings are fully occupied. The design of the Rancho Del Rey Library is complete and construction is planned to commence as soon as sufficient Public Facilities Development Impact Fees (PFDIF) are generated and/or library construction grant funding is secured. Given the economic conditions within the construction/development industry, as well as the competitive nature of library grants, it is not possible at this point in time to estimate a construction schedule. REVENUE SUMMARY In the fiscal year 2009-10 Capital Improvement Program, there are a number of key funding sources; to follow is a brief description of the most programmed funding sources. Transportation Sales Tax Transportation Sales Tax (Trans Net) funds are derived from sales tax revenues levied in San Diego County that are collected by the State specifically for use on transportation related projects in San Diego County. The regional metropolitan planning agency, San Diego Association of Governments (SANDAG), programs these funds to municipalities within San Diego County. Revenues vary from year to year, depending on the amount of sales tax available to the region and the number and costs of projects for which municipalities, local transit, and Caltrans request funding. The revenue approved for municipalities is based on the specific cost estimates that are required to be submitted as part of the annual request for funding. In fiscal year 2009-10, Transportation Sales Tax proposed budgets are $8.35 million, with an additional $3.36 million of TransNet ARRA funds (Trans Net funds re-allocated from Caltrans projects that received Federal ARRA funding for construction). Of that amount, approximately $7.7 million is programmed for pavement rehabilitation. A number of smaller traffic congestion improvement projects and transportation planning efforts are also funded from TransNet. The City continues to ensure that a minimum of 70% of its TransNet funds are allocated to congestion relief efforts. This limits the City's use of these funds for minor pavement rehabilitation efforts to a maximum 30% of the City's annual allocation. The City intends to explore the possibility of dedicating additional amounts to minor pavement efforts (projects with less than a one-inch thick overlay) with SANDAG in the future. Sewer Facility Replacement Fund The Sewer Facility Replacement Fund is a fee based revenue source that all properties pay each month as part of their sewer bills. The funds can be utilized to replace, rehabilitate or upgrade existing sewer facilities. I n fiscal year 2009-10, a total of $0.7 million is proposed to be 4 DRAFT funded. Among the projects receiving funding are the annual rehabilitation program ($0.3 million) and Robinhood Ranch II Pump Station Improvements ($0.4 million). In addition, approximately $5.8 million of existing funding and projects will carry over. Traffic Signal Fee The Traffic Signal Fee is a trip based development impact fee that is charged with the issuance of building permits for new construction. The fee can be utilized for the installation and upgrade of traffic signals throughout the City. In fiscal year 2009-10, it is proposed that $1.067 million be funded. Traffic Signal Fees are down, as are all development related revenues, and the projects list for the fund has been re-prioritized. However, the City has received notification of American Recovery Reinvestment Act funds for eligible Traffic projects, which allowed for approximately $0.75 million of Traffic Signal funds to be reallocated to other projects. Proposition 1 B Highway Funds In 2006-07, the voters of the state approved Proposition 1 B. This proposition included funds to be provided to cities within the state for local roadway improvements. The City will receive a total of approximately $7 million, $3.6 million in fiscal year 2008-09 and the remaining portion in fiscal year 2009-10. Prop 42 (Traffic Congestion Relief Fund) Several years ago, the voters approved Proposition 42, which provided funding for cities to improve streets. The funds can only be utilized for street improvements and the City has utilized these funds to augment its annual pavement rehabilitation efforts. In fiscal year 2008- 09, the amount budgeted from this fund for this purpose is $1 million. In FY2009-10, the proposed amount to be budgeted is $348,000. Community Development Block Grant (CDBG) Funds Each year, the City receives approximately $1.9 million in CDBG funds. Of this amount, approximately $1.1 million is available for capital improvement projects. The City of Chula Vista received Section 108 loan funds in June of 2008 for the Castle Park street improvement projects; the debt service on that loan will be paid back from the City's annual allotment of CDBG funds. This will reduce the amount of CDBG funds available for other capital projects to approximately $.5 million annually for the next ten years. All of these funds are programmed for Americans with Disabilities Act (ADA) Curb Ramp construction. The City's ADA Annual Curb Ramp Program improves pedestrian accessibility and walkability for all citizens, in compliance with ADA requirements and standards. Ramps are constructed in priority order, from a Transition Plan of approximately 1200 ramps approved by the City Council, and based primarily on proximity to public and transit services, public facilities, schools, and commercial facilities. Upon completion of the ramps identified in the Transition Plan, retrofits of existing, older ramps will be required to provide greater levels of accessibility. 5 DRAFT Miscellaneous Grants The City has applied for and been approved for various grants to fund Capital Improvement Projects. These grants include Smart Growth Incentive, TransNet Environmental Mitigation Program, Public Library Federal Grants and California Public Library Modernization Construction Projects. Cumulatively, the amounts budgeted for FY 2009-10 is approximately $2.8 million (not including ARRA exchange funds). In addition, the City continues to pursue American Recovery and Reinvestment Act (ARRA) Funds. The City was recently approved for $3.36 million in ARRA funds via an exchange in TransNet funds through SANDAG. These funds are programmed in the FY 2009-10 program for Pavement and Traffic Signal related projects. American Recovery and Reinvestment Act Funds President Obama signed the American Recovery and Reinvestment Act into law, which provides "economic stimulus" funds in the amount of $787 billion American Recovery and Reinvestment Act (ARRA) nationwide. A large portion of the ARRA funds are intended to benefit individuals such as through tax relief, Medicaid, and mortgage assistance. Another portion is intended to assist public agencies in providing services and improving infrastructure to keep people employed as well as to create new jobs. City staff has been working diligently since before adoption of ARRA to identify opportunities that would benefit Chula Vista and be ready for aggressive timelines and application periods. In anticipation of the bill, the U.S. Conference of Mayors asked cities to come up with ready-to-go projects that would create jobs and invest in infrastructure. Along with other San Diego county cities through SANDAG, Chula Vista identified a number of projects already identified as "shovel ready" that can start immediately. Most cities focused on proposals for roads, sewer and other infrastructure projects. In all, Chula Vista's wish list added up to about $540 million. The thought was to identify as many projects as possible in the instance that funds would become available. The City already knows of many projects that would benefit the community, if funding were available. Many of the ARRA funds come with very specific eligibility criteria and regulatory guidelines. If the City has some projects already identified that would meet that criteria, then that could free up less restrictive money for other community projects. For example, Federal highway funds generally may only be used on designated arterial roadways. There are a number of infrastructure projects already identified in the Regional Transportation Improvement Plan and the Western Transportation Development Impact Fee (TDIF). Any' federal highway funds received by the City would be used on designated arterial roadways even if they are lower on the priority list, thereby making more local funds, such as TransNet, available for use on local streets. Transparency is an important component of ARRA. The Federal government has created a website to convey results and performance measurements to the public. Similarly, it will be important to keep our local residel}ts apprised of the City's actions and results with ARRA funds. City staff has created a scorecard to track potential applications for ARRA funds, funds received, and performance with funds received. The scorecard and any related ARRA information will be maintained on the City's website. 6 DRAFT The following chart summarizes the funding sources for the Capital Improvement Program for fiscal year 2009-10. Park Acquisition and Development ~P6~~ - Redevelopm ent Funds 3.39% FY10 Proposed CIP Program by Funding Source Transportation Grants 15.32% Development Impact Funds (DIF) 13.54% Sewer Funds 5.73% Traffic Signal ~ 3.53% TransNet 38.73% Miscellaneous ~ -- Grants ~ ~ Miscellaneous 10.11% 0.40% Library Grants 0.65% 7 DRAFT EXPENDITURE SUMMARY The capital budget complements the operating budget by providing funding for major capital projects. The fiscal year 2009-10 Capital Improvement Program (CIP) plan includes $30 million in funding. It should be noted that of that amount, approximately $4.5 million are reallocation of existing funds from prior years. In addition, there is approximately $10 million of existing appropriations that will carry over into FY10. The majority of the funding recommended with the adoption of the budget pertains to the rehabilitation/improvement of existing facilities. The chart below provides a breakdown, by project type, of the total $36 million of appropriations proposed with this budget. FY10 Proposed Funding by Project Type Traffic 10%\ Sewer 5% Park and Recreation 7% Gen GovllOther Projects/RDA Library 4% r 1% Local Streets 38% Major Streets 27% Facilities The total cost of building and park facilities over the last 15 years has exceed $100 million, which includes the completion of the renovations to the Civic Center Complex, various recreational facilities, new and renovated parks, new and renovated fire stations and other projects. The funding sources for these projects included development impact fees (DIF), residential construction tax (RCT), redevelopment funds (RDA), grants and the General Fund. With respect to the Civic Center, the project has been completed and fully occupied as of November 2008. The final component to the Civic Center project will be the construction of a new Fire Station NO.1. The Master Plan for the Fire Facility network has been completed. Libraries The City received $95,000 in Public Library Federal Funding proposed to fund the Civic Center Library Veterans Wing. Another major project is the construction of the Rancho del Rey Library, which will be one of four branch libraries serving the four corners of the City. The 31,129 square-foot facility will be a full-service library, with a capacity of up to 130,000 books, audio- visual materials and newspapers and magazines. Besides some 28,000 items in Spanish, there will also be unique cultural heritage collections focusing on Filipino, Pan-Asian and Hispanic cultures in reflection of the community's diversity. The estimated cost of the project is $19.1 million. The design of the library has been completed. Due to the slowdown in development activities, the fund balance of the PFDIF (which is responsible for 100% of the costs of the 8 DRAFT project) is not sufficient to move forward to construction. It is unknown when sufficient PFDIF revenues will be available to commence construction. . Parks Numerous major neighborhood parks, including Cottonwood Park, Heritage Park, Breezewood Park, Harvest Park and Santa Venetia Park in Otay Ranch and Sunset View Park in Eastlake Greens were completed. In fiscal year 2005-06, Harborside Park, the first new park in western Chula Vista in over 25 years and Mountain Hawk Park in Eastlake Vistas were completed. In addition to these neighborhood parks, three large community parks were also opened to the public. These parks were Veterans Park, Salt Creek Park and Montevalle Park. All three of these facilities included recreation centers. Several other neighborhood parks were completed in fiscal year 2006-07 including, Horizon Park and Winding Walk Park in Otay Ranch. The renovations of Otay Park ($1.9 million) were completed in the spring of 2008. Also, the design of Mt. San Miguel Park, a community park .::.:.:::".::,.~:,::':':::.::::::::::::.m....".". in San Miguel Ranch ($7.0 million), has been completed. Funding for I" ,"":'::;;::.,Z::::"'''::::';;'';;:",",;'':'',,;;:::,,;i:::~":;'.:C::::: Mt. San Miguel Ranch Community Park was appropriated mid-year in "I ~:t~~;i~S:~57~I:~;,~"i~~~i~~::;-; FY2008-09 with construction currently underway. The new neighborhood park in Village 7 of Otay Ranch, named All Seasons Park, ($2.9 million) has seen its master plan approved and design is nearing completion. It is proposed that $2 million be appropriated in FY2009-10 as necessary to begin construction. Fire Facilities Included in the proposed 5 year CIP forecast is construction of the Eastern Urban Center (EUC) Fire Station. The City is currently negotiating a development agreement to offset the construction costs and operating costs for the EUC fire station. Fire stations one and five are in need of replacement. Built in 1954, fire station five was part of the Montgomery Fire District. This station is 55 years old and in a state of deterioration. This fire station is far past its useful life needing constant repair due to structural damage that has been brought on by age. Station 5 is currently in need of a new roof and other major repairs. Fire Station 1 was built in 1948 and is 61 years old. This station also has structural damage due to its age and is in need of a roof. The Fire Department will apply for Economic Stimulus funding (ARRA) to address the replacement of both of these stations as both of these stations meet the eligibility criteria outlined in the grant guidelines.' Station 5 is recommended to be relocated to a larger site adjacent to the South Library. The relocation of Station 5 to a larger site will allow the expansion of future service delivery to respond to growth needs. The Fire Facility Master Plan document is being updated to achieve fire and emergency medical service delivery within national public safety standards. The plan will be presented to Council in an upcoming workshop this fall Lastly, discussions are underway regarding Bayfront Capital Improvement Projects as follows: . Bayfront Sewer Lift Station - $12.4* million FY10/11 . Bayfront Fire Station North East corner of Bay Blvd and "J" Street - $12 million FY10/11 . Bayfront Park Improvements - $6.68* million FY11/12 'includes estimated design, project management and contingency 9 DRAFT It is anticipated that these projects will be programmed beginning FY 2010-11 and in future years. Infrastructure Projects The infrastructure portion of the CIP budget contains significant funding for a variety of infrastructure improvements. As discussed above and elsewhere within the City's budget, a substantial amount of the funding is focused on infrastructure improvements in the western portion of the City and preservation of infrastructure citywide. Over the past few years, City staff has presented a number of reports to the City Council with regard to the condition and capacity of existing infrastructure (i.e., pavement, corrugated metal pipe, storm drains, sewers, roadways, etc.) citywide, as well as the lack of sidewalks and other public improvements primarily within the western portion of the City, especially within the Montgomery Annexation area. Adequate funding is currently not available to build new infrastructure and maintain existing infrastructure. Therefore, the CIP strives to balance the need and desire to provide enhanced public facilities, while assuring that existing infrastructure is maintained and preserved in at least a minimally acceptable condition over the long-term. With the adoption of the fiscal year 2004-05 budget, the City Council approved a financing plan for infrastructure improvements in western Chula Vista. This financing plan revolved around a two-pronged financing program. One element of the program was a $9 million bond issue that would be repaid from the City's Residential Construction Tax (RCT) revenues over a period of 30 years. That financing was completed in late summer of 2004. This portion of the financing was earmarked for drainage and park improvements. With the receipt of those funds, work has been completed on a number of drainage projects in western Chula Vista. A total of $4.7 million of the financing was dedicated to drainage improvements. The balance of these funds was utilized to construct Harborside Park ($2.1 million), Otay Park renovations ($1.9 million) and improvements to Lauderbach Park ($.6 million). The second portion of the financing is a $9.5 million loan through the US Department of Housing and Urban Development's (HUD) Section 108 loan program. The loan will be repaid through the City's annual Community Development Block Grant (CDBG) entitlement from HUD and will be paid back over a period of 20 years. The Section 108 loan is earmarked for street improvements in the Castle Park area. The City formally submitted its application for the loan in May of 2006 and the loan was approved in fiscal year 2006-07. The loan funds became available to the City in June of 2008. With the approval of the loan, work has commenced on the projects. The City Council directed that the main streets in the neighborhood proceed first. First Avenue is complete, with Oxford Street, and Second Avenue moving forward. Also moving forward is Glenhaven Way. This street is not a main street in the neighborhood; however, it intersects with First Avenue, has sufficient signatures on the assessment district formation petition and offers some economies of scale. 10 DRAFT Other major efforts are the City's annual pavement management program that will be funded at a level of $7.7 million. This effort is augmented by funds previously appropriated (approximately $10 million are being carried over into the new fiscal year and contracts continue to be issued). In the coming years the city will be seeking other revenue sources to try to maintain a similarly high level of reinvestment in our pavement citywide. In addition, the City was fortunate to receive TransNet ARRA exchange funds totaling $3.36 million. Those funds will be utilized on Pavement Rehabilitation for Federal-Aid Highways ($2.61 million) and Traffic Signal Modification Projects ($0.75 million). These funds are being received as TransNet funds, thus providing an additional $3.36 million of programmable funding. Also included in the budget is funding for new ADA accessible curb ramps ($504,922), Traffic Signal Modification and Installations ($1.965 million), and Sewer rehabilitation, Improvements, feasibility study and capacity enhancements ($1.7 million). The budget also includes funding for continued traffic count, monitoring, neighborhood and pedestrian safety, signing and striping, congestion relief programs ($1.185 million). The city was the recipient of Smart Growth Incentive and Environmental Mitigation Program funding. The Smart Growth Incentive is proposed to fund Third Avenue Streetscape Improvements ($2 million), Palomar Gateway Specific Plan ($400,000) and Industrial Blvd. Bike Lane and Pedestrian Improvements ($283,900). The Environmental Mitigation Program funding is proposed to fund the Cactus Wren Habitation Restoration - Central City Preserve Area ($373,048). Other Several other projects are being proposed for redevelopment and upgrade/maintenance of information technologies specific to capital improvement projects. The projects proposed include the Downtown Parking District Improvements ($120,000), Storefront Renovation ($150,000) and upgrade / maintenance of the Capital Improvement Software (CIPAce), AutoCAD, GIS OrthophotographylTopography and Survey Monument Preservation and Replacement Program ($75,000). The replacement of Fuel Storage Tanks at the Public Works Center is also being proposed in the FY10 program. 11 DRAFT CIP PROJECT GEOGRAPHICAL BALANCE Council has indicated that one of its primary goals in the coming years is a continued focus on capital and infrastructure needs in the western portion of the City. For this discussion, the term western refers essentially to those areas of the City west of Interstate 805. As a sub-area in the western portion of the City, the projects that are specific to the Montgomery area are broken out separately. Also, a category of projects has been developed that is called Citywide. The types of projects that are typified by Citywide include by are not limited to the annual pavement rehabilitation program, sidewalk rehabilitation program, ADA Curb ramp program and sewer facility rehabilitation program. As the eastern portion of the City continues to rapidly develop, there is a substantial need for infrastructure improvements. Developers, as part of their development approval obligations, construct many of the improvements that occur in the eastern portions of the City. For this reason, those projects which provide public benefit are not part of the City's CIP program. The actual amounts proposed for the geographical areas are depicted below: Location FY 2009-10 Amount Percent Urban Core $588,048 2% Citywide $12,842,973 42% Eastern $5,660,271 19% Montgomery $770,000 3% Southwest $1,367,570 5% \Western City $9,014,440 30% Ifotal $30,243,302 100% Western Chula Vista Breakdown Location FY 2009-10 Amount Percent Urban Core $588,048 5% Montgomery $770,000 7% Southwest $1,367,570 12% [Western City $9,014,440 77% Total $11,740,058 100% 12 DRAFT FY10 Proposed CIP Program by Geographical Area Western City 30% Urban Core 2% Southwest 5% Citywide 41% Montgomery 3% Eastern 19% Given the nature of the citywide projects, it is safe to say that 50% to 60% of those expenditures typically occur in western Chula Vista though this can change from year to year. Assuming that 50% holds true, then 60% of the capital expenditures programmed for fiscal year 2009-10 are earmarked for western Chula Vista and Montgomery. It must also be noted that the eastern Chula Vista projects that the City itself undertakes are overwhelmingly funded by development impact fees or other revenues directly related to development activities (Traffic Signal FundfTDIF/PAD), thus leaving significant revenue streams available to fund projects in the western portion of the City. 13 DRAFT ACKNOWLEDGEMENT The development of the fiscal year 2009-10 Capital Improvement Program was a collaborative effort of staff of virtually every department in the City. Early in the process, departments were asked to assign a "departmental liaison" to coordinate their respective department's CIP projects. This collaborative effort has resulted in a well planned, organized and, most importantly, doable capital improvement program that will benefit the citizens of Chula Vista for years to come. In addition, as approved by Council on December 9, 2008 (Resolution 2008- 276), staff implemented a web-based enterprise class software application called CIPAce to manage the entire program and individual projects from beginning to end. This entailed a comprehensive analysis of the City's existing systems, data compilation, fiscal integration and assessment of the entire capital improvement program. The following staff made this document possible: Redevelopment and Housing Eric Crockett, Mandy Mills, Angelica Davis and Diem Do Angelica Aguilar, Evelyn Ong, Karim Galeana, Tiffany Allen, Paul Valadez, and Lisa Partee Finance Fire - Pablo Quilantan, Jim Garcia Mariya Anton Louie Vignapiano, Hermon Howell, Derek Hath, Darrell Boggess and Bob Blackwelder Mary Ladiana, Ed Batchelder, Garry Williams, Tom Adler and Ben Guerrero Library ITS Development Services / Planning & Building Public Works Iracsema Quilantan, Frank Rivera, Kirk Ammerman, Merce LeClair, Jim Newton, Boushra Salem, Roberto Yano, Jose Gomez, Elizabeth Chopp, Roberto Solorzano, Rick Ryals, Florence Picardal, Matt Little, Silvester Evetovich and Bob Beamon Recreation Buck Martin Police Ed Chew I would like to especially recognize Richard Hopkins, Director of Public Works and Iracsema Quilantan, Assistant Director of Engineering for their excellent service and guidance in the development of this budget. I would also like to thank Hermon Howell, Derek Hath and Darrell Boggess in ITS and Merce LeClair in Engineering. ITS once again was very helpful in assisting with the implementation of CIPAce and Merce spent many hours coordinating the implementation efforts for CIPAce, gathering information, compiling data and putting it into the easy-to-use format that follows. Respectfully submitted, Jim Sandoval City Manager 14 DRAFT REPORTS AND TABLES The following pages contain a variety of reports and tables that depict the program from a number of perspectives, including sorting projects by type, location and funding source. In addition, from each perspective a list of "unfunded" projects is provided whereby staff continues to. seek alternate funding sources whereby a mid-year appropriation may become necessary and at that time will be brought forth to Council for approval. This section also contains a five-year funding projection for each project contained In the program. 15 DRAFT TABLE 1 FY 2009/10 Capital Improvement Program Funding Summary By Project Type FY2009-10 Proposed Drainage New DR182 - Telegraph Canyon Channel Improvements, "K" Street to First Avenue $950,000 New DR183 - Telegraph Canyon Drainage Study, First Avenue to Hilltop Drive $300,000 New DR 180 - Emergency Storm Drain Replacement $1,200,000 Subtotal $2,450,000 General Government GG183 - GIS-Orthophotograhy/Topography Project $15,000 GG187 - Replacement of Fuel Storage Tanks $72,000 Subtotal $87,000 Library LB137 - Automation Advancements & Upgrade $102,644 New LB143 - Civic Center Library Veterans Wing $95,000 Subtotal $197,644 Local Streets STL291 - Fourth Avenue Sidewalk Improvements $235,000 STL303 - First Ave Impvmts Palomar - Naples $20,000 STL304 - Glenhaven Way Amy Street Improvments $10,000 16 New New New New New New New New New New New DRAFT STL305 - Oxford Street Improvents Third to Alpine STL323 - Pedestrian Master Plan STL342 - Second Avenue Improvements-Naples Street to Palomar Street STL346 - Pavement Minor Rehabilitation STL351 - Bikeway Master Plan Update STL352 - ADA Curb Ramps FY09-10 STL354 - Pavement Major Rehabilitation FY2009-10 STL355 - Pavement Minor Rehabilitation FY2009-10 STL357 - Pavement Rehabilitation Program (Prop 1 B) STL359 - Naples Street & Oleander Avenue Cross Gutter & ADA Ped Ramps Construction STL360 - Industrial Blvd. Bike Lane, L Street to Palomar Street STL361 - Industrial Blvd. Bike Lane and Pedestrian Improvements STL362 - Third Avenue Streetscape Improvements STL363 - Sidewalk Safety Program - I Street Sidewalk Improvements Subtotal Major Streets STM354 - North Broadway Reconstruction STM355 - Otay Lakes Road Widening STM364 - Heritage Road Bridge Reconstruction $15,000 $45,000 $125,000 $348,000 $200,000 $504,922 $2,020,000 $450,000 $3,385,407 $205,000 $353,370 $429,200 $2,800,000 $232,440 $11,378,339 $2,368,000 $2,500,000 $315,271 17 New New New New DRAFT STM366 - Pavement Rehabilitation for Federal-Aid Highways STM367 - South Broadway Improvements, Main Street to Southern City Limits Other Projects OP200 - Survey Monument Preservation and Replacement Program OP202 - CIP Advanced Planning OP206 - Automation - AutoCAD Upgrade OP208 - CIP Mgmt & Equipment Purchase . OP212 - Downtown Parking District Improvements OP217 - Palomar Gateway Specific Plan OP218 - Cactus Wren Habitat Restoration - Central City Preserve Area Park and Recreation PR279 - All Seasons Park Redevelopment RD241 - Storefront Renovation Program Sewer SW234 - Sewer Impvts on Colorado bet J & K Subtotal Subtotal Subtotal Subtotal $2,610,000 $300,000 $8,093,271 $30,000 $92,000 $10,000 $20,000 $120,000 $475,000 $373,048 $1,120,048 $2,000,000 $2,000,000 $150,000 $150,000 $777,000 18 DRAFT SW256 - Robinhood Ranch" Pump Stn Impvts New SW260 - Sewer Rehab for FY09-1 0 New SW261 - Industrial Blvd. and Main Street Capacity Enhancement Traffic TF274 - Traffic Count Station and Maintenance TF316 - Traffic Signal Installation at Second Avenue and Quintard Street TF321 - Citywide Traffic Count Program TF325 - Traffic Monitoring Program TF327 - Neighborhood Traffic and Pedestrian Safety Program TF330 - Traffic Signal Modification, Fourth & Main, Fourth & Beyer TF331 - Traffic Signal Modification, Third and Montgomery TF332 - Signing and Striping Program TF337 - Traffic Signal Left Turn Modification Program TF344 - I 805 Direct Access Ramp E Hand E Palomar TF345 - Traffic Calming Program TF350 - Traffic Signal System Optimization TF354 - Traffic Congestion Relief Program Subtotal $400,000 $300,000 $140,000 $1,617,000 $210,000 $175,000 $90,000 $120,000 $220,000 $450,000 $320,000 $100,000 $300,000 $30,000 $130,000 $50,000 $75,000 19 New New DRAFT TF356 - Otay Mesa Transportation System TF359 - SR54 Corridor and Arterial Operations TF362 - Kids Walk and Bike to School Phase 2 TF366 - Traffic Signal and Streetlight Systems Upgrade and Modification Program TF370 - Traffic Signal Installation at Albany Avenue and Orange Avenue TF371 - Traffic Signal Modification at Hilltop Drive and Main Street Subtotal Total for All Projects $30,000 $30,000 $100,000 $325,000 $145,000 $250,000 $3, 150,000 $30,243,302 20 DRAFT TABLE 1A FY 2009/10 Capital Improvement Program Funding Summary By Project Type (UNFUNDED) Drainage DR181 - CMP Rehabilitation and Replacement Program Subtotal General Government GG187 - Replacement of Fuel Storage Tanks GG195 - C & R Minor Capital Improvements GG204 - Energy Retrofit Phase II New GG205 - City Facilities Roofing Renovation New GG206 - Fire Risers at City Facilities Subtotal Library LB144 - Civic Center Library Remodel LB145 - South Chula Vista Library Renovations Subtotal Park and Recreation PR212 - Outdoor Sports Court Renovation FY2009-10 Proposed $250,000 . $250,000 $200,000 $100,000 $2,000,000 $325,000 $30,000 $2,655,000 $4,500,000 $1,000,000 $5,500,000 $72,000 21 DRAFT PR299 - Greg Rogers Park Restroom Renovation $400,000 New PRNew1 - Greg Rogers Park (Irrigation System) $800,800 New PRNew2 - Rienstra Park Slope Reconstruction $300,000 New PRNew3 - Hilltop Park Playground Replacement $44,000 Subtotal $1,616,800 Public Safety PS145 - Fire Station 5 Programming & Replacement $12,000,000 Subtotal $12,000,000 Traffic TF338 - Replace City Street Signs (Non-Illuminated) $75,000 New TF372 - Internally Illuminated Street Name Sign Replacement Program - Energy Conservation Grant $100,000 Subtotal $175,000 Total for All Projects $22,196,800 22 DRAFT TABLE 2 FY 2009/10 Capital Improvement Program Summary by Geographical Area FY10 Total Proposed Urban Core OP212 - Downtown Parking District Improvements $120,000 OP218 - Cactus Wren Habitat Restoration - Central City Preserve Area $373,048 LB143 - Civic Center Library Veterans Wing $95,000 Sub Total $588,048 Citywide GG183 - GIS-Orthophotograhy/Topography Project $15,000 DR180 - Emergency Storm Drain Replacement $1,200,000 LB137 - Automation Advancements & Upgrade $102,644 OP200 - Survey Monument Preservation and Replacement Program $30,000 OP202 - CIP Advanced Planning $92,000 OP206 - Automation - AutoCAD Upgrade $10,000 OP208 - CIP Mgmt & Equipment Purchase $20,000 STL323 - Pedestrian Master Plan $45,000 STL346 - Pavement Minor Rehabilitation $348,000 STL351 - Bikeway Master Plan Update $200,000 STL352 - ADA Curb Ramps FY09-10 $504,922 STL354 - Pavement Major Rehabilitation FY2009-10 $2,020,000 STL355 - Pavement Minor Rehabilitation FY2009-10 $450,000 STL357 - Pavement Rehabilitation Program (Prop 1 B) $3,385,407 STM366 - Pavement Rehabilitation for Federal-Aid Highways $2,610,000 23 DRAFT SW260 - Sewer Rehab for FY09-1 0 TF321 - Citywide Traffic Count Program TF325 - Traffic Monitoring Program TF327 - Neighborhood Traffic and Pedestrian Safety Program TF332 - Signing and Striping Program TF337 - Traffic Signal Left Turn Modification Program TF345 - Traffic Calming Program TF350 - Traffic Signal System Optimization TF354 - Traffic Congestion Relief Program TF362 - Kids Walk and Bike to School Phase 2 TF366 - Traffic Signal and Streetlight Systems Upgrade and Modification Program Eastern PR279 - All Seasons Park STL359 - Naples Street & Oleander Avenue Cross Gutter & ADA Ped Ramps Construction STM355 - Otay Lakes Road Widening STM364 - Heritage Road Bridge Reconstruction SW256 - Robinhood Ranch II Pump Stn Impvts TF274 - Traffic Count Station and Maintenance TF344 - I 805 Direct Access Ramp E Hand E Palomar Montgomery STL303 - First Ave Impvmts Palomar - Naples STL304 - Glenhaven Way Amy Street Improvments STL305 - Oxford Street Improvents Third to Alpine TF331 - Traffic Signal Modification, Third and Montgomery TF356 - Otay Mesa Transportation System $300,000 $90,000 $120,000 $220,000 $100,000 $300,000 $130,000 $50,000 $75,000 $100,000 $325,000 Sub Total $12,842,973 $2,000,000 $205,000 $2,500,000 $315,271 $400,000 $210,000 $30,000 Sub Total $5,660,271 $20,000 $10,000 $15,000 $320,000 $30,000 24 DRAFT STL342 - Second Avenue Improvements-Naples Street to Palomar Street TF371 - Traffic Signal Modification at Hilltop Drive and Main Street Southwest STM367 - South Broadway Improvements, Main Street to Southern City Limits STL360 - Industrial Blvd. Bike Lane, L Street to Palomar Street STL361 - Industrial Blvd. Bike Lane and Pedestrian Improvements SW261 - Industrial Blvd. and Main Street Capacity Enhancement TF370 - Traffic Signal Installation at Albany Avenue and Orange Avenue Western City DR182 - Telegraph Canyon Channel Improvements, "K" Street to First Avenue DR183 - Telegraph Canyon Drainage Study, First Avenue to Hilltop Drive GG187 - Replacement of Fuel Storage Tanks OP217 - Palomar Gateway Specific Plan RD241 - Storefront Renovation Program STL291 - Fourth Avenue Sidewalk Improvements STL362 - Third Avenue Streetscape Improvements STL363 - Sidewalk Safety Program - I Street Sidewalk Improvements STM354 - North Broadway Reconstruction SW234 - Sewer Impvts on Colorado bet J & K TF316 - Traffic Signal Installation at Second Avenue and Quintard Street TF330 - Traffic Signal Modification, Fourth & Main, Fourth & Beyer TF359 - SR54 Corridor and Arterial Operations $125,000 $250,000 Sub Total $770,000 $300,000 $353,370 $429,200 $140,000 $145,000 Sub Total $1,367,570 $950,000 $300,000 $72,000 $475,000 $150,000 $235,000 $2,800,000 $232,440 $2,368,000 $777,000 $175,000 $450,000 $30,000 Sub Total $9,014,440 Total $30,243,302 25 DRAFT TABLE 2A FY 2009/10 Capital Improvement Program Summary by Geographical Area (UNFUNDED) Central PR299 - Greg Rogers Park Restroom Renovation Subtotal Citywide DR181 - CMP Rehabilitation and Replacement Program GG195 - C &R Minor Capital Improvements GG204 - Energy Retrofit Phase II GG205 - City Facilities Roofing Renovation GG206 - Fire Risers at City Facilities PR212 - Outdoor Sports Court Renovation TF338 - Replace City Street Signs (Non-Illuminated) TF372 - Internally Illuminated Street Name Sign Replacement Program - Energy Conservation Grant Subtotal Montgomery PS145 - Fire Station 5 Programming & Replacement Subtotal Southwest PRNew1 - Greg Rogers Park (Irrigation System) PRNew2 - Rienstra Park Slope Reconstruction FY2009-10 Proposed $400,000 $400,000 $250,000 $100,000 $2,000,000 $325,000 $30,000 $72,000 $75,000 $100,000 $2,952,000 $12,000,000 $12,000,000 $800,800 $300,000 26 PRNew3 - Hilltop Park Playground Replacement Western City GG187 - Replacement of Fuel Storage Tanks LB144 - Civic Center Library Improvements LB145 - S Chula Vista Library Improvements I DRAFT Subtotal Subtotal Total $44,000 $1,144,800 $200,000 $4,500,000 $1,000,000 $5,700,000 $22,196,800 27 DRAFT TABLE 3 FY 2009/10 Capital Improvement Program Summary By Funding Source FY2009-10 Project Proposed Status 22500 - Traffic Signal OP206 - Automation - AutoCAD Upgrade $2,000 On Going OP208 - CIP Mgmt & Equipment Purchase $5,000 On Going TF316 - Traffic Signal Installation at Second Avenue and Quintard Street $175,000 On Schedule TF331 - Traffic Signal Modification, Third and Montgomery $20,000 On Schedule TF337 - Traffic Signal Left Turn Modification Program $300,000 On Going TF354 - Traffic Congestion Relief Program $5,000 On Going TF366 - Traffic Signal and Streetlight Systems Upgrade and Modification Program $165,000 On Schedule TF370 - Traffic Signal Installation at Albany Avenue and Orange Avenue $145,000 New TF371 - Traffic Signal Modification at Hilltop Drive and Main Street $250,000 New Subtotal $1,067,000 22700 - TransNet DR180 - Emergency Storm Drain Replacement $1,200,000 New OP202 - CIP Advanced Planning $77,000 On Going OP208 - CIP Mgt & Equipment Purchase $5,000 On Going STL291 - Fourth Avenue Sidewalk Improvements $235,000 On Schedule 28 DRAFT STL303 - First Ave Impvmts Palomar - Naples $20,000 Almost Complete STL304 - Glenhaven Way Amy Street Improvments $10,000 On Schedule STL305 - Oxford Street Improvents Third to Alpine $15,000 On Schedule STL323 - Pedestrian Master Plan $45,000 On Schedule STL342 - Second Avenue Improvements-Naples Street to Palomar Street $25,000 New STL351 - Bikeway Master Plan Update STL360 - Industrial Blvd. Bike Lane, L Street to Palomar Street $50,000 On Schedule $2,020,000 New $450,000 New $205,000 New $35,355 New $145,300 New $116,220 New STL354 - Pavement Major Rehabilitation FY2009-10 STL355 - Pavement Minor Rehabilitation FY2009-10 STL359 - Naples Street & Oleander Avenue Cross Gutter & ADA Ped Ramps Construction STL361 - Industrial Blvd. Bike Lane and Pedestrian Improvements STL363 - Sidewalk Safety Program - I Street Sidewalk Improvements STM354 - North Broadway Reconstruction $2,368,000 On Going STM367 - South Broadway Improvements, Main Street to Southern City Limits $300,000 New TF321 - Citywide Traffic Count Program $90,000 On Going TF325 - Traffic Monitoring Program $20,000 On Going TF327 - Neighborhood Traffic and Pedestrian Safety Program $220,000 On Going 29 DRAFT TF332 - Signing and Striping Program TF344 - I 805 Direct Access Ramp E Hand E Palomar TF345 - Traffic Calming Program TF350 - Traffic Signal System Optimization TF354 - Traffic Congestion Relief Program TF356 - Otay Mesa Transportation System TF359 - SR54 Corridor and Arterial Operations TF362 - Kids Walk and Bike to School Phase 2 TF366 - Traffic Signal and Streetlight Systems Upgrade and Modification Program Subtotal 22700 - TransNet ARRA Exchange STM366 - Pavement Rehabilitation for Federal-Aid Highways TF330 - Traffic Signal Modification, Fourth & Main, Fourth & Beyer TF331 - Traffic Signal Modification, Third and Montgomery Subtotal 73654 - Smart Growth Incentive OP217 - Palomar Gateway Specific Plan STL361 - Industrial Blvd. Bike Lane and Pedestrian Improvements STL362 - Third Avenue Streetscape Improvements $100,000 On Going $30,000 On Going $130,000 On Going $50,000 On Going $70,000 On Going $30,000 On Going $30,000 On Going $100,000 On Going $160,000 On Going $8,351,875 $2,610,000 New $450,000 On Schedule $300,000 On Schedule $3,360,000 $400,000 New $283,900 New $2,000,000 New 30 DRAFT Subtotal $2,683,900 24110 - Parking Meter OP212 - Downtown Parking District Improvements $120,000 On Going Subtotal $120,000 26110 - State Library Act LB137 - Automation Advancements & Upgrade $102,644 On Going Subtotal $102,644 27221 - Public Library Federal Grant LB143 - Civic Center Library Veterans Wing $95,000 New Subtotal $95,000 33310 - CDBG STL352 - ADA Curb Ramps FY09-10 $504,922 New Subtotal $504,922 33330 - CDBG Section 108 Loan STL342 - Second Avenue Improvements-Naples Street to Palomar Street $100,000 New Subtotal $100,000 41300 - Trunk Sewer Capital Reserve SW234 - Sewer Impvts on Colorado bet J & K $777,000 On Schedule SW261 - Industrial Blvd. and Main Street Capacity Enhancement $140,000 New Subtotal $917,000 41410 - Sewer Service Revenue - 41410 GG183 - GIS-Orthophotograhy/Topography Project $5,000 On Going 31 DRAFT GG187 - Replacement of Fuel Storage Tanks OP200 - Survey Monument Preservation and Replacement Program OP202 - CIP Advanced Planning OP206 - Automation - AutoCAD Upgrade OP208 - CIP Mgmt & Equipment Purchase Subtotal 42800 - Sewer Facility Replacement SW256 - Robinhood Ranch II Pump Stn Impvts SW260 - Sewer Rehab for FY09-1 0 Subtotal 54220 - Telegraph Canyon Drainage OfF DR182 - Telegraph Canyon Channel Improvements, "K" Street to First Avenue DR183 - Telegraph Canyon Drainage Study, First Avenue to Hilltop Drive Subtotal 59110 - Transportation Development GG183 - GIS-Orthophotograhy/Topography Project OP200 - Survey Monument Preservation and Replacement Program OP206 - Automation - AutoCAD Upgrade OP208 - CIP Mgmt & Equipment Purchase $72,000 On Going $15,000 On Going $15,000 On Going $3,000 On Going $5,000 On Going $115,000 $400,000 On Schedule $300,000 New $700,000 $950,000 New $300,000 New $1,250,000 $10,000 On Going $15,000 On Going $5,000 On Going $5,000 On Going 32 DRAFT STM355 - Otay Lakes Road Widening TF274 - Traffic Count Station and Maintenance TF325 - Traffic Monitoring Program 65110 - Southwest Project Area STL362 - Third Avenue Streetscape Improvements 65140 - Merged Redevelopment Agency OP217 - Palomar Gateway Specific Plan RD241 - Storefront Renovation Program 61110 - Merged Bayfront T owncenter I RD241 - Storefront Renovation Program 71533 - Otay Ranch Village 7 Neighborhood Park PR279 - All Seasons Park 72300 - Bicycle Facilities Fund (TDA) STL351 - Bikeway Master Plan Update Subtotal Subtotal Subtotal Subtotal Subtotal STL363 - Sidewalk Safety Program - I Street Sidewalk Improvements 73610 - Miscellaneous Transportation Grants Subtotal $2,500,000 On Schedule $210,000 On Going $100,000 On Going $2,845,000 $800,000 New $800,000 $75,000 New $75,000 On Going $150,000 $75,000 On Going $75,000 $2,000,000 On Going $2,000,000 $150,000 On Going $116,220 New $266,220 33 DRAFT STL360 - Industrial Blvd. Bike Lane, L Street to Palomar Street STM364 - Heritage Road Bridge Reconstruction Subtotal 73900 - Prop 42 Traffic Congestion Relief STL346 - Pavement Minor Rehabilitation Subtotal 74100 - Prop 18 Highway Safety STL357 - Pavement Rehabilitation Program (Prop 1 B) Subtotal 73681 - Environmental Mitigation Program (Other Trans Programs) OP218 - Cactus Wren Habitat Restoration - Central City Preserve Area Subtotal Total for All Funds $318,015 On Schedule $315,271 On Schedule $633,286 $348,000 On Going $348,000 $3,385,407 $3,385,407 $373,048 $373,048 $30,243,302 New New 34 DRAFT TABLE 3A FY2009/10 Capital Improvement Program Funding Summary By Funding Source (UNFUNDED) 09200 - General Fund GG187 - Replacement of Fuel Tanks GG195 - C & R Minor Capital Improvements GG205 - City Facilities Roofing Renovation GG206 - Fire Risers at City Facilities PRNew1 - Greg Rogers Park (Irrigation System) Subtotal 22110 - Gas Tax TF338 - Replace City Street Signs (Non-Illuminated) Subtotal 26800 - State Recreation Grant PRNew3 - Hilltop Park Playground Replacement Subtotal 28568 - eEe Energy Loan Phase I TF372 - Internally Illuminated Street Name Sign Replacement Program - Energy Conservation Grant Subtotal 30110 - Storm Drain Revenue DR181 - CMP Rehabilitation and Replacement Program Subtotal FY2009-10 Proposed $200,000 $100,000 $325,000 $30,000 $100,000 $755,000 $75,000 $75,000 $44,000 $44,000 $100,000 $100,000 $250,000 $250,000 35 DRAFT 71510 - Park Acquisition and Development PR212 - Outdoor Sports Court Renovation $50,000 PRNew1 - Greg Rogers Park (Irrigation System) $500,000 PRNew2 - Rienstra Park Slope Reconstruction $100,000 Subtotal $650,000 71700 - Residential Construction Tax (RCT) PR212 - Outdoor Sports Court Renovation $22,000 PR299 - Greg Rogers Park Restroom Renovation $400,000 PRNew1 - Greg Rogers Park (Irrigation System) $200,800 PRNew2 - Rienstra Park Slope Reconstruction $200,000 PS145 - Fire Station 5 Programming & Replacement $12,000,000 Subtotal $12,822,800 27351 - California Public Library Modernization LB144 - Civic Center Library Remodel $4,500,000 New LB145 - South Chula Vista Library Renovations $1,000,000 New Subtotal $5,500,000 99999 - ARRA GG204 - Energy Retrofit Phase II $2,000,000 Subtotal $2,000,000 Totals $22,196,800 36 ~w~ CITY OF ~CHULAVISTA FY 2009-2010 Capital Improvement Program Five-Year erp Project Summary Schedule Report Total ,Rroject, , ' FY2011-12 I FY2012-13 ' , Cost '.,' """,',,~ 0"/"'" .' ,'J" DR182 Telegraph Canyon Channel Stormwater $950,000 $0 $0 $0 $950,000 Improvements, "K" Street to First Avenue "'._.n'_. .. DR180 Emergency Storm Drain Replacement Stormwater $1,200,000::' .$1,200,000 $0 $0 $0 $0 $1,200,000 DR183 Telegraph Canyon Drainage Study, First Stormwater $1,000,000 $700,000 $0 $0 $0 $1,000,000 Avenue to Hilltop Drive GG183 G I S-OrthophotograhyfT opog raphy Information $209,965 $0 $0 $0 $0 $15,000 Project Technologies GG187 Replacement of Fuel Storage Tanks Capital Equipment $372,000 $0 $0 $0 $0 $72,000 LB137 Automation Advancements & Upgrade Information $335,773.: $102,644 $0 $0 $0 $0 $102,644 Technologies ,.~.. " LB143 Civic Center Library Veterans Wing Public Building $95,000:::, .'}' $95,000 $0 $0 $0 $0 $95,000 Facilities OP200 Survey Monument Preservation and Other CIP $30,000 $30,000 $0 $0 $0 $0 $30,000 Replacement Program OP202 CIP Advanced Planning Other CIP N/A $92,000 $0 $0 $0 $0 $92,000 OP206 Automation - AutoCAD Upgrade Other CIP $93,696 ' $10,000 $10,000 $10,000 $10,000 $10,000 $50,000 OP208 CIP Mgmt & Equipment Purchase Information $180,000 $20,000 $0 $0 $0 $0 $20,000 Technologies OP212 Downtown Parking District Improvements Redevelopment $203,000 . ' $120,000 $0 $0 $0 $0 $120,000 OP217 Palomar Gateway Specific Plan Redevelopment $475,000 $475,000 $0 $0 $0 $0 $475,000 OP218 Cactus Wren Habitat Restoration - Other CIP $373,048:. $373,048 $0 $0 $0 $0 $373,048 Central City Preserve Area . . " - PR279 All Seasons Park Public Park Facilities $2,900,000: $2,000,000 $450,541 $0 $0 $0 $2,450,541 "-ii .- RD241 Storefront Renovation Program Redevelopment $335,000 ,..:$150,000 $0 $0 $0 $0 $150,000 STL291 Fourtll Avenue Sidewalk Improvements Streets and Surface $1,828,167 , $n5,000 $0 $0 $0 $0 $235,000 Improvement STL303 First Ave Impvmts Palomar - Naples Streets and Surface $1,822,240 ' $0 $0 $0 $0 $20,000 FYR 1 STL999 Sidewalk Safety Program - Future Years (Placeholder) STM354 North Broadway Reconstruction STM355 Otay Lakes Road Widening STM364 Heritage Road Bridge Reconstruction Streets and Surface Improvement Streets and Surface Improvement Streets and Surface Improvement STM366 Pavement Rehabilitation for Federal-Aid Streets and Surface Highways Improvement STM367 South Broadway Improvements, Main Street to Southern City Limits STM999 Pavement Rehabilitation - Future Years (Placeholder) SW234 Sewer Impvts on Colorado bet J & K SW256 Robinhood Ranch II Pump Stn Impvts SW260 Sewer Rehab for FY09-10 Streets and Surface Improvement Streets and Surface Improvement Sewer Sewer Sewer SW261 Industrial Blvd. and Main Street Capacity Sewer Enhancement SW999 Sewer Rehab Future Years (Placeholder) SW998 Sewer Access Rd Maintenance Program -Sewer Future Years (Placeholder) TF274 Traffic Count Station and Maintenance Traffic TF316 Traffic Signal Installation at Second Avenue and Quintard Street TF321 Citywide Traffic Count Program TF325 Traffic Monitoring Program TF327 Neighborhood Traffic and Pedestrian Safety Program Traffic Traffic Traffic Public Safety To,tal Project ", ',',t, Cost t,T"';".""'" $10,900,000, ' ' .'~2,50H,0,9,9 $2,494,089 $2,610,000 $2,200,000 $300,099 $0 $978,529 $450,000""" $300,000 ", $400,000 $300,000 '. ....,. " .'. .- '" .--... .. $140,000 ".;",.'$140,000 N/A "'-"'. -$0 N/A $0 $375,000 N/A,,' ,;:;,.'.'>$90,000 $120,000 $220,000 $300,000 $100,000 $1,900,000 $4,400,000 $300,000 $50,000 $40,000 $50,000 $120,000 $230,000 $300,000 $100,000 $0 $0 $0 $2,500,000 $0 $0 $0 $4,400,000 $0 $0 $0 $0 $300,000 $100,000 $40,000 $0 $50,000 $120,000 $230,000 $300,000 $100,000 ':.FY2013-14 . ..~.~'. " - U' ,., '",:" $100,000 $300,000 $1,200,000 $400,000 $0 $0 $2,368,000 $0 $4,500,000 $9,500,000 $0 $0 $315,271 $0 $0 $4,400,000 $0 $0 $0 $0 $300,000 $100,000 $40,000 $0 $50,000 $120,000 $230,000 $0 $0 $2,6'10,000 $0 $0 $2,200,000 $4,400,000 $17,600,000 $0 $0 $0 $0 $0 $777,000 $0 $0 $0 $400,000 $300,000 $140,000 $300,000 $1,200,000 $100,000 $350,000 $0 $0 $330,000 $0 $175,000 $0 $0 $0 $240,000 $480,000 $910,000 FYR 3 FY2010-11 " ..::.c .i";' -- .... ,:..,:.:,," .. Traffic Signal Modification, Fourth & $0 $450,000 Main, Fourth & Beyer ...- TF331 Traffic Signal Modification, Third and Traffic $0 $0 $0 $0 $320,000 Montgomery TF332 Signing and Striping Program Streets and Surface $100,000 $100,000 $100,000 $0 $400,000 Improvement TF337 Traffic Signal Left Turn Modification Traffic $300,000 $300,000 $300,000 $0 $1,200,000 Program TF344 I 805 Direct Access Ramp E Hand E Highway Facilities $30,000 $30,000 $0 $0 $90,000 Palomar TF345 Traffic Calming Program Traffic $200,000 $240,000 $270,000 $0 $840,000 TF350 Traffic Signal System Optimization Traffic $50,000 $50,000 $50,000 $0 $200,000 TF354 Traffic Congestion Relief Program Traffic $75,000 $75,000 $75,000 $0 $300,000 - .. TF356 Otay Mesa Transportation System Traffic $150,000 ' .-"-. , $30,000 $30,000 $30,000 $0 $0 $90,000 TF359 SR54 Corridor and Arterial Operations Highway Facilities $30,000 $30,000 $0 $0 $90,000 TF362 Kids Walk and Bike to School Phase 2 Traffic $0 $0 $0 $0 $100,000 TF366 Traffic Signal and Streetlight Systems Traffic N/A. ,".,:: $325,000 $325,000 $260,000 $260,000 $0 $1,170,000 Upgrade and Modification Program .i' - ; TF370 Traffic Signal Installation at Albany Traffic $350,000- $205,000 $0 $0 $0 $350,000 Avenue and Orange Avenue TF371 Traffic Signal Modification at Hilltop, Drive Traffic $250,000 $0 $0 $0 $0 $250,000 and Main Street TF999 Western TDIF Program - Future Years Traffic N/A $100,000 $100,000 $100,000 $100,000 $400,000 (Placeholder) Total $53,875,298 $30;243,302 $10,095,541 $9,365,000 $6,805,000 $9,810,000 $66,318,843 .Projects with N/A are annual projects, and therefore do not have a fixed project cost FYR4 ~Mf:. em OF FY 2009-2010 Proposed Capital Improvement Program ~~CHU1AVISTA Five-Year CIP Project Summary Schedule Report (UNFUNDED) Category " Total Project .'- .' FY2P.12"13 .;-..- . Cost .. ..:. "" ,....,~ .... ..."." "',-.'i""':'''':. DR181 CMP Rehabilitation and Replacement Stormwater N/A $250,000 $250,000 $250,000 $250,000 $250,000 $1,250,000 Program GG187' Replacement of Fuel Storage Tanks Capital Equipment $200,000 '''$200,000 $0 $0 $0 $0 $200,000 . . ... GG195 C & R Minor Capital Improvements Facilities N/A ,$100,000 $100,000 $100,000 $100,000 $100,000 $500,000 Management GG204' Energy Retrofit Phase II Public Building $4,000,000 $2,000,000 $2,000,000 $0 $0 $0 $4,000,000 Facilities GG205 City Facilities Roofing Renovation Public Building $325,000 $0 $0 $0 $0 $325,000 Facilities GG206 Fire Risers at City Facilities Public Building $30,000 $0 $0 $0 $0 $30,000 Facilities ,., .' ... LB144 Civic Center Library Remodel Public Building $4,500,000 ',c$4,500,000 $0 $0 $0 $0 $4,500,000 Facilities LB145 South Chula Vista Library Renovations Public Building $1,000,000 . $~,OOO,OOO $0 $0 $0 $0 $1,000,000 Facilities ." ....".. PR212 Outdoor Sports Court Renovation Public Park $303,150 .",,' $72,000 $0 $0 $0 $0 $72,000 Facilities PR299 Greg Rogers Park Restroom Public Park $450,000 $0 $0 $0 $0 $400,000 Renovation Facilities PRNew1 Greg Rogers Park (Irrigation System) Public Park $800,800 $0 $0 $0 $0 $800,800 Facilities PRNew2 Rienstra Park Slope Reconstruction Public Park $300,000< $0 $0 $0 $0 $300,000 Facilities PRNew3 Hilltop Park Playground Replacement Public Park $44,000 $0 $0 $0 $0 $44,000 Facilities PRNew4 Bayfront Park Improvements Public Park $6,680,000 . $0 $6,680,000 $0 $0 $6,680,000 Facilities PS145 Fire Station 5 Programming & Public Safety $12,055,815 $0 $0 $0 $0 $12,000,000 Replacement PSNew Bayfront Fire Station Public Safety $12,000,000 $12,000,000 $0 $0 $0 $12,000,000 . SWNew Sewer Lift Station - Bayfront Sewer $12,400,000 $12,400,000 $0 $0 $0 $12,400,000 FYR(UF) 1 TF338 Total Internally Illuminated Street Name Sign Replacement Program - Energy Conservation Grant Replace City Street Signs (Non- Illuminated) Streets and Surface Improvement $55,623,765 $22,196,800 :;,;_~i~. ?;i:F: $0 $0 $0 $75,000 $350,000 $56,776,800 $26,850,000 $7,030,000 $350,000 'Project anticipated to be funded during FY10 mid-year at which time staff will return to Council for appropriation "Projects with N/A are annual projects, and therefore do not have a fixed project cost FYR(UF) 2 .=$Wf:. CITY OF ~CHUIA VISTA FY2009-2010 Capital Improvement Program Five-Year CIP Summary by Fund FY2009-10 FY2010-11 FY2011-12 FY2012-13 FY2013-14 5 Year Total Fund Name: Bicycle Facilities Fund (TD~) Fund Number: 72300 Description: This funds provides support for the region's non-motorized transportation projects including sidewalk and bicycle lane improvements. The revenue comes from 1/4% of the total sales tax assessed in the region. STL363 Sidewalk Safety Program - I Street Sidewalk Improvements $0 $0 $0 $0 $150,000 STL351 Bikeway Master Plan Update $150,000 $0 $0 $0 $116,220 $0 $116,220 STL999 Sidewalk Safety Program - Future Years (placeholder) $0 $100,000 $100,000 $100,000 $100,000 $400,000 Total Uses of Funds $266,220 $100,000 $100,000 $100,000 $100,000 $666,220 I Fund Name: Fund Number: CDBG 33310 Description: Community Development Block Grant Funds STL902 ADA Curb Ramps Future Years (Placeholder) Total Uses of Funds $504,922 $0 $0 $300,000 $0 $300,000 $0 $300,000 $0 $300,000 $504,922 $1,200,000 STL352 ADA Curb Ramps FY09-10 $504,922 $300,000 $300,000 $300,000 $300,000 $1,704,922 IFun~ Name: Fund Number: CDBG Section 108 Loan 33330 Description: Community Development Block Grant Funds - Section 108 Loan STL342 Second Avenue Improvements- $100,000 $0 $0 $0 $0 $100,000 FYF 1 FY2009-10 FY2010-11 FY2011-12 FY2012-13 FY2013-14 5 Year Total Naples Street to Palomar Street Total Uses of Funds $100,000 $0 .$0 $0 $0 $100,000 Fund Name:. Merge? Bayfr.~ntTown~~nter I <,,";. Fund Number: 61110 Description: Merged Bayfront Towncenter I RD241 Storefront Renovation Program $150,000 $150,000 $0 $0 $0 $0 $0 $0 $0 $0 $150,000 $150,000 Total Uses of Funds Fund Name: Miscellaneous Transportatio~ Grants Fund Number: 73610 Description: Federal and State Transportation Grants STM364 Heritage Road Bridge Reconstruction $315,271 $0 $0 $0 $0 $315,271 STL360 Industrial Blvd. Bike Lane, L Street to Palomar Street $318,015 $0 $0 $0 $0 $318,015 Total Uses of Funds $633,286 $0 $0 $0 $0 $633,286 Fund Name: . Otay ~ancl1 YUlage7 Neighborhood P,ark; '. ' Fund Number: 71533 Description: Park Acquisition and Development Funds received for Otay Ranch Village 7 Neighborhood Park PR279 All Seasons Park $2,000,000 $2,000,000 $450,541 $450,541 $0 $0 $0 $0 $0 $0 $2,450,541 Total Uses of Funds $2,450,541 jFundName:...,.' Parking Meter, Fund Number: 24110 :..:::,:,. Description: Revenues generated from Parking Meter FYF 2 OP212 Downtown Parking District Improvements FY2009-10 $120,000 FY2010-11 $0 FY2011-12 $0 FY2012-13 $0 FY2013-14 $0 5 Year Total $120,000 Total Uses of Funds $120,000 $0 . $0 $0 $0 $120,000 Prop.1 B Highway Safety;";; , " ~'" . . F '-;";"" . .~~-, '"',-:" '.~';F"f~,,_," - .,.;." ; .::'" =,'~;::-':': "",;..,.,';.", .~- - ~.' ..>_.,~,.".." "-,' :::- ~,;.,~;j":"-.--_.. - .. , ",,;;!,::~"~~!:."i;,,~ .1 IFund Name: ...;. Fund Number: 74100 Description: In 2006-D7, the voters of the state approved Proposition 1 B. This proposition included funds to be provided to cities within the state for local roadway improvements. STL357 Pavement Rehabilitation Program (Prop 1 B) $3,385,407 $0 $0 $0 $0 $3,385,407 Total Uses of Funds $3,385,407 $0 $0 $0 $0 $3,385,407 Fund Name: Prop 42 Traffic Congestion Relief Fund Number: 73900 Description: Assembly Bill 2928 (Chapter 91, Statues of 2000), as amended by Senate 8ill1662 (Chapter 656, Statues of 2000), established the Traffic Congestion Relief in the State Treasury for allocating to cities and counties for street or road maintenance or reconstruction. STL346 Pavement Minor Rehabilitation $348,000 $348,000 $0 $0 $0 $0 $0 $0 $0 $0 $348,000 $348,000 Total Uses of Funds Fund Name: . Public Library Federal Earmark. Fund Number: 27221 Description: Public Library Funds via FHner's Office LB 143 Civic Center Library Veterans Wing $95,000 $0 $0 Total Uses of Funds $95,000 $0 $0 jFund Name: Southwest Project Area Fund Number: 65110 Description: Southwest Project Area (Tax Allocation Bond) FYF 3 FY2009-10. FY2010-11 FY2011-12 FY2012-13 FY2013-14 5 Year Total STL362 Third Avenue Streetscape $800,000 $0 $0 $0 $0 $800,000 Improvements Total Uses of Funds $800,000 $0 . $0 $0 $0 $800,000 Fund Name: ..; Merged RedevelopmElntAgency Project . - . . Fund Number: 65140 Description: Merged RDA Project (Tax Increment) OP217 Palomar Gateway Specific $75,000 $0 $0 $0 $0 $75,000 Total Uses of Funds $75,000 $0 $0 $0 $0 $75,000 jFund Name: Fund Number: Sewer Facility Replacement 42800 Description: Revenues in the Sewer Facilities Replacement fund are derived from Sewer Facilities Replacement Fees paid on a monthly basis by all users connected to the City's wastewater collection system. SW260 Sewer Rehab for FY09-10 $300,000 $0 $0 $0 $0 $300,000 SW999 Sewer Rehab Future Years $0 $300,000 $300,000 $300,000 $300,000 $1,200,000 (Placeholder) SW256 Robinhood Ranch II Pump Stn $400,000 $0 $0 $0 $0 $400,000 Impvts Total Uses of Funds $700,000 $300,000 $300,000 $300,000 $300,000 $1,900,000 IFund Name:. Fund Number: Sewer Service Revenue - 41410 41410 Description: Revenues in the Sewer Service Revenue Fund are derived from monthly Sewer Service Charges paid by all users connected to the City's wastewater collection system. GG183 GIS- $5,000 $0 $0 $0 $0 $5,000 OrthophotograhyfT opography OP2OO Survey Monument $15,000 $0 $0 $0 $0 $15,000 Preservation and Replacement Program FYF 4 FY2009-10 FY2010-11 FY2011-12 FY2012-13 FY2013-14 5 Year Total OP202 CIP Advanced Planning $15,000 $0 $0 $0 $0 $15,000 GG187 Replacement of Fuel Storage $72,000 $0 $0 $0 $0 $72,000 Tanks OP208 CIP Mgmt & Equipment $5,000 $0 $0 $0 $0 $5,000 Purchase OP206 Automation - AutoCAD $3,000 $3,000 $3,000 $3,000 $3,000 $15,000 Upgrade Total Uses of Funds $115,000 $3,000 $3,000 $3,000 $3,000 $127,000 I Fund Name: Fund Number: Smart Growth Incentive 73654 Description: This innovative pilot program is based on the SANDAG Regional Comprehensive Plan (RCP) - using funding incentives to encourage coordinated regional planning to bring transit service, housing, and employment together in smart growth development. STL361 Industrial Blvd. Bike Lane and $283,900 $0 $0 $0 $0 $283,900 Pedestrian Improvements STL362 Third Avenue Streetscape $2,000,000 $0 $0 $0 $0 $2,000,000 Improvements OP217 Palomar Gateway Specific $400,000 $0 $0 $0 $0 $400,000 Total Uses of Funds $2,683,900 $0 $0 $0 $0 $2,683,900 jFund Name: Fund Number: State Library Act 26110 Description: The Library Services and Technology Act (LSTA) is a federal grant program administered in California by the State Librarian. Each year the State Librarian awards grants on a competitive basis unless announced otherwise. LB137 Automation Advancements & Upgrade $102,644 $0 $0 $0 $0 $102,644 Total Uses of Funds $102,644 $0 $0 $0 $0 $102,644 Fund Name: Telegraph Canyon Drainage DIF Fund Number: 54220 FYF 5 FY2009-10 FY2010-11 FY2011-12 FY2012-13 FY2013-14 5 Year Total Description: Development Impact Funds for Telegraph Canyon Drainage DR182 Telegraph Canyon Channel $950,000 $0 $0 $0 $0 $950,000 Improvements, "K" Street to First Avenue DR183 Telegraph Canyon Drainage $300,000 $700,000 $0 $0 $0 $1,000,000 Study, First Avenue to Hilltop Drive Total Uses of Funds $1,250,000 $700,000 $0 $0 $0 '$1,950,000 IFund Name: .,':' Fund Number: 'Traffic Signa,I,:', 22500 ~.;. : _ .::,;;:,.,;:0': "::,rn .~'." ,~,:~...- /'~"'...' ,.". ,- ..~.. ~.' ';'"'.';1. Description: On 08/08/78, the City Council established Council Policy No. 478-01 requiring private developers to participate In the financing and/or installation of traffic signals (inlcuding but not limited to design, construction, inspection, modification, striping, etc) on public streets within the City of Chula Vista, The fee collected (as designated in the Master Fee Schedule) are to be utilized for such purpose. TF370 Traffic Signal Installation at $145,000 $205,000 $0 $0 $0 $350,000 Albany Avenue and Orange Avenue TF371 Traffic Signal Modification at $250,000 $0 $0 $0 $0 $250,000 Hilltop Drive and Main Street TF366 Traffic Signal and Streetlight $165,000 $200,000 $200,000 $200,000 $0 $765,000 Systems Upgrade and Modification Program OP20B CIP Mgmt & Equipment $5,000 $0 $0 $0 $0 $5,000 Purchase TF354 Traffic Congestion Relief $5,000 $0 $0 $0 $0 $5,000 Program TF316 Traffic Signal Installation at . $175,000 $0 $0 $0 $0 $175,000 Second Avenue and Quintard Street TF337 Traffic Signal Left Turn $300,000 $300,000 $300,000 $300,000 $0 $1,200,000 Modification Program FYF 6 TF331 Traffic Signal Modification, Third and Montgomery FY2009-10 $20,000 FY2010-11 FY2011-12 FY2012-13 FY2013-14 5 Year Total $0 $0 $0 $0 $20,000 OP206 Automation - AutoCAD Upgrade $2,000 $2,000 $2,000 $2,000 $2,000 $10,000 Total Uses of Funds $1,067,000 $707,000 $502,000 $502,000 $2,000 $2,780,000 '.TransNet " ' ,",.,-." ,~:::. .' n'" ";~ .. .",. ',:' ,;::'.'-.""'" .,:' ~': : ."'. ,. IFund Name: ~' Fund Number: 22700 Description: In the late 1980's, San Diego County voters approved Prop A, which incresed the local sales tax by 1/2% in order to provide funds for needed transportation projects, This Local Transportation Tax is now known as TransNet. Initially it went into effect on July 1, 1988 and generated for twenty years. It has recently been renewed. DR180 Emergency Storm Drain $1,200,000 $0 $0 $0 $0 $1,200,000 Replacement STL291 Fourth Avenue Sidewalk $235,000 $0 $0 $0 $0 $235,000 Improvements STL303 First Ave Impvmts Palomar- $20,000 $0 $0 $0 $0 $20,000 Naples STL304 Glenhaven Way Amy Street $10,000 $0 $0 $0 $0 $10,000 Improvments STL305 Oxford Street Improvents Third $15,000 $0 $0 $0 $0 $15,000 to Alpine STL351 Bikeway Master Plan Update $50,000 $0 $0 $0 $0 $50,000 STM367 South Broadway $300,000 $1,900,000 $0 $0 $0 $2,200,000 Improvements, Main Street to Southern City Limits STL323 Pedestrian Master Plan $45,000 $0 $0 $0 $0 $45,000 TF366 Traffic Signal and Streetlight $160,000 $125,000 $60,000 $60,000 $0 $405,000 Systems Upgrade and Modification Program STL359 Naples Street & Oleander $205,000 $0 $0 $0 $0 $205,000 Avenue Cross Gutter & ADA Ped Ramps STL360 Industrial Blvd, Bike Lane, L $35,355 $0 $0 $0 $0 $35,355 Street to Palomar Street FYF 7 FY2009-10 FY2010-11 FY2011-12 FY2012-13 FY2013-14 5 Year Total STL361 Industrial Blvd. Bike Lane and $145,300 $0 $0 $0 $0 $145,300 Pedestrian Improvements STL363 Sidewalk Safety Program - I $116,220 $0 $0 $0 $116,220 Street Sidewalk Improvements OP202 CIP Advanced Planning $77,000 $0 $0 $0 $0 $77,000 OP208 CIP Mgmt & Equipment $5,000 $0 $0 $0 $0 $5,000 Purchase STL355 Pavement Minor Rehabilitation $450,000 $0 $0 $0 $0 $450,000 FY2009-10 STL354 Pavement Major Rehabilitation $2,020,000 $0 $0 $0 $0 $2,020,000 FY2009-10 STL342 Second Avenue Improvements- $25,000 $0 $0 $0 $0 $25,000 Naples Street to Palomar Street STM354 North Broadway $2,368,000 $0 $0 $0 $0 $2,368,000 Reconstruction TF332 Signing and Striping Program $100,000 $100,000 $100,000 $100,000 $0 $400,000 TF344 I 805 Direct Access Ramp E H $30,000 $30,000 $30,000 $0 $0 $90,000 and E Palomar TF350 Traffic Signal System $50,000 $50,000 $50,000 $50,000 $0 $200,000 Optimization TF354 Traffic Congestion Relief $70,000 $75,000 $75,000 $75,000 $0 $295,000 Program TF356 Otay Mesa Transportation $30,000 $30,000 $30,000 $0 $0 $90,000 System TF359 SR54 Corridor and Arterial $30,000 $30,000 $30,000 $0 $0 $90,000 Operations TF362 Kids Walk and Bike to School $100,000 $0 $0 $0 $0 $100,000 Phase 2 TF321 Citywide Traffic Count Program $90,000 $50,000 $50,000~ $50,000 $0 $240,000 .'. FYF 8 Fund Name: Environme~,taIMitigation Program Fund Number: 73681 Description: The TransNet Extension Ordinance and Expenditure Plan, approved countywide by'voters in November 2004, includes an Environmental Mitigation Program (EMP) which is a funding allocation category for the costs to mitigate habitat impacts for regional transportation projects. The EMP is a unique component of the TransNet Extension in that it goes beyond traditional mitigation for transportation projects by including a funding allocation for habitat acquisiti'on, management, and monitoring activities as needed to help implement the Multiple Species Conservation Program (MSCP) and the Multiple' Habitat Conservation Program (MHCP). This funding allocation is tied to mitigation requirements and the environmental clearance approval process for projects outlined in the Regional Transportation Plan (MOBILITY 2030). OP218 Cactus Wren Habitat Restoration - Central City Preserve Area $373,048 $0 $0 $0 $0 $373,048 Total Uses of Funds $373,048 $0 $0 $0 $0 $373,048 FYF 9 Fund ,~,ame: . Transportation Development.. ".-,,-' .,. -- -.. "-.' .-;. n" .,.,. _:_~, "-'J' "', Fund Number: 59110 Description: In the late 1980's, City Council established various Development Impact Fees to mitigate the financial burden created by developers of land. The Transportation Development Impact Fee is one of those fees used for construction of transportation facilities in the eastern territories (including but not limited to construction, equipment, etc.). STM355 Otay Lakes Road Widening $2,500,000 $0 $2,500,000 $0 $4,500,000 $9,500,000 GG183 GIS- $10,000 $0 $0 $0 $0 $10,000 o rthophotograhyrr opography OP208 CIP Mgmt & Equipment $5,000 $0 $0 $0 $0 $5,000 Purchase OP200 Survey Monument $15,000 $0 $0 $0 $0 $15,000 Preservation and Replacement Program TF274 Traffic Count Station and $210,000 $40,000 $40,000 $40,000 $0 $330,000 Maintenance TF325 Traffic Monitoring Program $100,000 $100,000 $100,000 $100,000 $0 $400,000 OP206 Automation - AutoCAD $5,000 $5,000 $5,000 . $5,000 $5,000 $25,000 Upgrade Total Uses of Funds $2,845,000 $145,000 $2,645,000 $145,000 $4,505,000 $10,285,000 I ~und Name:. '. Trunk Sewer Cap Reserve' ..'::i:n.,' .: I .-.,-. ,'. ."l..: Fund Number: 41300 Description: Revenues in the Trunk Sewer Capital Reserve are derived from Sewer Capacity Charges. FY2009-10 FY2010-11 FY2011-12 FY2012-13 FY2013-14 5 Year Total SW261 Industrial Blv'd. and Main Street $140,000 $0 $0 $0 $0 $140,000 Capacity Enhancement SW234 Sewer Impvts on Colorado bet $777,000 $0 $0 $0 $0 $777,000 J&K Total Uses of Funds $917,000 $0 $0 $0 $0 $917,000 Total of ALL Funds $30,243,302 $5,545,541 $4,765,000 $2,205,000 $5,210,000 $47,968,843 FYF10 DRAFT PROJECT DESCRIPTION REPORTS The following pages, which make up the bulk of the document, contain descriptions of all projects that are being funded as part of this budget. These descriptions include the Location, Responsible Department, Intent, Justification and Funding Allocation. 36 ~y?- (In' OF ~ CHULAVISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Department Responsible: Project Intents: Project Description: Citywide Public Works ::~I Replacement Emergency replacement offailed stonn drains, primarily corrugated metal pipe (CMP) failures, throughout the City. Justification: Estimated Operation and Maintenance Cost: Emergency repairs must be undertaken to protect life and property. $0 Project Type: Drainage Total Estimated Cosl: $1,200,000 37 ~!!t-- Cln' OF ~ (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Depariment Responsible: "J(" Street to First Avenue I'~ -,----~--, ------------- 'I :- ~ \ '- '- ,~ - ' '" , 'I r ,,.,.,.< - - .- , b""""-I ,..... ..' "., '\ .... , . ..-~ , 2~'\'"t,", ~~. \.... ,.'.\:::~'::__ _':~"'\'" \ ~.. i _______________LJ Engineering Project Intents: Project Dcscription: Upgradc Construction of Dual Reinforccd Concretc Culvcli between J( Street and First Avcnuc in order to ultimatcly convey the IOG-year FEMA flood. This project will be constructcd in cooperation with St. John's School, which is responsible to construct one of the two culvelis rcquired, The City will pay the incremcntal costs of constructing the sccond culvert. Justification: St. John's School proposes the enclosure ofthc existing open channel and is obligated to construct a singlc underground box culvcrt. However, two culverts are required to ultimately convey the IOO-year FEMA flood without roadway and property flooding. City staff has determined that it is cost-cffcctive and in the City's best intcrests to construct the second culvert now in order to take advantagc of rcduced construction costs, whcn compared to constructing the second culvcrt as a "stand alone" project. Estimatcd Operation and Maintenance Cost: $0 Project Type: Drainage Total Estimated Cost: $950,000 38 ~\!(f:.. CITY OF ~ (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Department Responsible: Project Intents: Project Description: First A venue to Hilltop Drive Engineering Upgrade Construction of a naturalized channel within, and immediately downstream of, Hilltop Park needed to stabilize the channel and to provide for more natural surface water infiltration through the park. The channel will be planted with appropriate plant materials, while maintaining recreational opportunities within the park. Justification: Hilltop Park has a low-flow concrete channel that was designed to primarily convey nuisance runoff through the park and reduce erosion of the channel bottom. During high-flow storm events, the low-flow channel is not adequate to convey fllnoffand the adjacent earthen sides of the channel erodes. The proposed project would remove the low-flow channel, and replace it with an open-celled, vegetated system that would increase infiltration and reduce pollutant transport to downstream receiving waters. Estimated Operation and Maintenance Cost: $0 Project Type: Drainage Total Estimated Cost: $1,000,000 39 :s>\\'f::.. CITY m ~ (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Department Responsible: Information Technology Services Project Location: Citywide Project Intents: Project Description: Upgrade City purchased software package called IStreet View in 2005. In FY 06, the City purchased 6 inch orthophotography of the City, supplemented with two foot contours. This photography will be utilized to update the City's Geographical Information System and is utilized by almost all City departments. Justification: Orthophotography requires intermittent updates. Estimated Operation and Maintenance Cost: $0 Project Type: General Government Total Estimated Cost: $209,965 22110 Gas Tax $0 $0 $0 71700 Residential Construction $0 $0 $0 Tax (RCT) 42800 Sewer Facility $0 $0 $0 $0 $0 Replacement 73300 Sewer Facility $0 $0 $0 $0 $0 Replacement - 73300 41410 Sewer Service Revenue - $0 $0 $0 $0 $0 41410 40300 Transit Capital Projects $0 $0 $0 $0 $0 59110 $0 $0 $0 $0 $0 40 ~~!/f:. eln' OF ~~.1CHUI.AVISTA City of ChuJa Vista 2009110-2013/14 Capital Improvement Program Project Description Report Replacement This project involves installation of two 10,000 gallon above-ground fuel tanks (unleaded & diesel) at the PWc. ~\;~.- ,. --".";F Pi'oject Location: Department Responsible: Project Intents: Project Description:' 1800 Maxwell Road Public Works Justification: There is only 1,500 gallon tank of diesel fuel currently available at the PWC. As a result, PW crews need to fuel off-site at Fire Stations 2 & 7, Adding these tanks will allow crews to be more effective and efficient. Tanks are also required to help ensure an adequate fuel supply in case of emergencies, Estimated Operation and Maintenance Cost: $0 Project Type: General Government Total Estimated Cost: $572,000 FY2008-09 FY2010-11 FY2011-12 FY2012-13 99999 ARRA $0 $0 $0 $0 $0 09200 General Fund $0 $0 $0 $0 $0 41410 $0 $0 $0 $0 $0 41 .$"'t;:.. OTY OF ~ CHU l/\ VISTA City of Chula Vista 2009/10-2013/14 Capital Impmvemcnt Pmgram Project Description Report Service Extension Project Location: Citywide Department Responsible: Project Intents: Project Description: Library This project would allow upgrades to all aspects of the Library's internal systems, including inventory management, check out and return of materials, website management and implementation, automated communication with customers, etc. Project items may include, but will not be limited to, a radio frequency idcntification control system, upgraded materials check-out and check-in systems, automated Library sorting systems, digital customer information screens, etc. In addition to the inventory and check-out/return features, the system will also allow the library to initiate a self-checkout system. Lastly, the system also will automate the Library's sorting system. Justification: The ability of libraries to meet public service demands regarding tracking and availability of materials as well as achieving efficiency and effectiveness goals depends on keeping the internal systems that supP0l1 inventory management and customer communication. Estimated Operation and fvlaintenance Cost: $0 Project Type: Library Total Estimated Cost: $335,773 43 ~\I/f: CITY OF ~ (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Renovation Project Location: 365 F Street Department Responsible: Project Intents: Project Description: Library Funds to acquire books, upgrade computers and technology, and/or establish education and outreach programs Justification: Per the FY2009 Omnibus Appropriations Act (P.L. 111-8) Estimated Operation and Maintenance Cost: $0 Project Type: Library Total Estimated Cost: $95,000 44 ;s'ltt--- CITY OF ~ (HULA VISTA Project Location: Department Responsible: Project Intents: Project Description: Justification: Estimated Operation and Maintenance Cost: Total Estimated Cost: 41410 59110 City of Chula Vista 2009/10-2013/14 Capital Improvement Prognlm Project Description Report Citywide Engineering Renovation and Replacement The scope of work includes performing surveys to preserve & densify the Citys Horizontal-Vertical Control network to the California Coordinate System Zone 6. Numerous control monuments exist throughout the City at a I-mile and y.. mile spacing for the Horizontal-Vertical Control Network. Additionally, survey monuments are preserved for the Citys Right of Way. ~~I The Professional Land Surveyors Act S 8771 requires that existing survey monuments shall be located and referenced and a Corner Record or Record of Survey of the references shall be filed with the County Surveyor. The monuments are used to perform various surveys that include Subdivision/Parcel Maps, Record o(Surveys, Corner Records, and Improvement Plans. Because these survey monuments provide the basis for re-tracing historical boundaries, as well as establishing new subdivisions; these survey monuments must be perpetuated and augmented in order to accurately define property boundaries and rights- of-way. These survey monuments will be made available via the City's Internet site and will benefit the City Capital Improvement Program and private development $0 Project Type: Other Projects $30,000 $0 $0 $0 $0 $0 45 :$~J0:.. (lW OF ~.CHUIA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Department Responsible: Project Intents: Project Description: Citywide Engineering Service Extension Performance of various shldies and projects by City staff, including the Infrastructure Deficiency Database, recycled and potable water planning, infrastructure planning and engineering work related to the application for funds. Justification: Such projects are necessmy in order for the City to be able to plan the construction and rehabilitation of its infrastructure in a cost-effective manner. Estimated Operation and Maintenance Cost: $0 Project Type: Other Projects Total Estimated Cost: $897,000 22110 Gas Tax $0 $0 $0 71700 Residential Construction $0 $0 $0 Tax (RCT) 41410 Sewer Service Revenue - $15,000 $0 $0 $0 $0 41410 29200 Special Sewer $0 $0 $0 $0 $0 41200 Special Sewer - 41200 $0 $0 $0 $0 $0 22700 TransNet $45,000 $0 $0 $0 $0 29300 $0 $0 $0 $0 $0 46 ~I!~ ClTYOF ~ (HUlA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Upgrade Upgrade of existing AutoCAD system. Project Location: Department Responsible: Project Intents: Project Description: Public Works Justification: The AutoCAD software is utilized by the City's Design Engineers and Survey division in Engineering. This program is vital to the divisions operations as it is the software with which plans/plots are created, calculated, etc for all capital improvement projects. The upgrade will increase the usage and efficiency of the program as technology is everchanging. Estimated Operation and Maintenance Cost: $0 Project Type: Other Projects Total Estimated Cost: $93,696 22110 Gas Tax $0 41410 Sewer Service Revenue - $0 $3,000 41410 29200 Special Sewer $0 $0 $0 $0 $0 41200 Special Sewer - 41200 N/A $0 $0 $0 $0 22500 Traffic Signal $0 $2,000 $2,000 $2,000 $2,000 59110 $0 $5,000 $5,000 $5,000 $5,000 47 ~\(f:. Cln' OF ,~ CHUIAVISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Intents: Project Description: Service Extension Project Location: Citywide Department Responsible: Public Works This project will provide for a comprehensive CIP Management (including equipment) Program for Citywide Capital Improvement Projects. Justification: Existing CIP repOlting document and database is limited in capabilities and in need of extensive updating andlor rebuilding to meet the growth and storage of the City's entire CIP program data. Thelndependent Financial Review in the Spring of 2007 noted some deficiencies with the City's published CIP budget. The lack of coordinated automated systems contributes to this deficiency. Additional funding will allow for needed assessment and licenses. Estimated Operation and Maintenance Cost: $14,000 Project Type: Other Projects Total Estimated Cost: $ 1 80,000 41410 Sewer Service Revenue - $0 $0 $0 $0 41410 41200 Special Sewer - 41200 N/A $0 $0 $0 $0 22500 Traffic Signal $30,000 $0 $0 $0 $0 22700 TransNet $30,000 $0 $0 $0 $0 59110 $30,000 $0 $0 $0 $0 48 ~I!f:.. CITY OF ~ (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvernent Program Project Description Report Depm1ment Responsible: Project Intents: Project Description: Redevelopment and Housing Authority Project Location: Renovation and Rep lacement This project will provide for improvements within the Downtown Parking District, including resurfacing of parking lots, lighting, signage, landscaping, etc. Justification: Revenues generated from the Parking District need to be utilized for improvements to the District. There has been significant deferred maintenance in the District, specifically in the public parking lot and equipment utilized in the District. Estimated Operation and Maintenance Cost: $0 Project Type: Other Projects Total Estimated Cost: $203,000 49 ~N?- (In' OF ~ CHULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: The Palomar Gateway District is located at the southwest quadrant of the City of Chula Vista. ir.\".''<' ',\ ,;,,,,,,: 1- !L .\ Depaltment Responsible: Planning and Building XI II'" \ ....... .;,i':\ \-' . Project Intents: Revitalization :. '::'~' ,\ un..' 'jJ n. Project Description: The project is the preparation ofa Specific Plan for the lOa-acre Palomar Gateway District (PGD) " the major southern .~..~: . ; " . Ui "--.- gateway within western Chula Vista. The primary goal of the Specific Plan is to implement the General Plan Smart k~':':"',":;;;'-=:';""";'l_. _-__0.- Growth vision for a higher-density, pedestrian and transit-oriented development area with a mix of shops and oftice near +rii ! :.C'". the transit station, by providing the necessary zoning and regulatory framework, consistent with the General Plan: The project scope includes an extensive Public Participation program to ensure involvement from the community throughout the entire process and crafting a plan that contains: clear/concise zoning designations and regulations to guide future - development within the District, including design guidelines for private property and the public realm; a multi-modal mobility plan; infrastructure and phasing plan; market and fiscal analysis; and an implementation and administrative plan, in accordance with State law. The result will be a plan that is reflcctivc of the community's vision as a unique place. The PGD Specific Plan will be prepared primarily by City staff with some assistance from consultants. Justification: The district is characterized by containing a low- intensity, mixed use development. Some sectors of the district are characterized by an unplanned mixture of incompatible uses that create land use frictions and hinder the maximum development potential of the area. The irregular land use pattcrn throughout the PGD has created a condition characterized by a lack of community integrity, which makes the area vulnerable to economic and physical deterioration. In order to fully realize the transformation of the district, however, it will be necessary to engage in a Specific Planning process to update the antiquated zoning code to reflect the smart growth vision prescribed by the General Plan. The objective of this project is to develop the planning regulation and design guidance necessary to support and effectuate the transformation of the PGD into a vibrant/iconic Smart Growth Community Center. In order to further implement this vision, the City will produce a regulatory document that will provide the regulatOlY framework for intensification through the creation ofa PGD Specific Plan, and maximize the benefit provided by the Palomar Gateway Enhancement Grant which involves multi-millions of dollars of infrastructure improvements to the main transportation/transit corridor in the project area. These infrastructure improvements have removed a barrier to redevelopment and provide an incentive to attract new development in the District. Completing the Specific Plan will further speed the implementation of the General Plan vision. Estimated Operation and $0 I Project Type: I Other Projects Maintenance Cost: Total Estimated Cost: $475,000 50 ~\lf?- CITY OF ~(HUIA VISTA City of Chula Vista 2009/10-2013/14 Capital Imp.-ovement Progl'3m Project Description Report 51 ~M{:: em' OF ~ (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Central City Depaliment Responsible: Planning and Building Project Intents: Renovation Project Description: Restoration of the Cactus Wren Habitat in the Central pOliion of the City. Project involves cleanup and restoration of physical Cactus Wren Habitat area within Chula Vista's Central City Multiple Species Conservation Program (MSCP) Preserve. Activities include site preparations, herbacide treatments, cactus planting, maintenance, monitoring and reporting over a five-year period. Justification: City awarded a grant through SANDAG under the TransNet environmental mitigation program. Estimated Operation and $0 I Project Type: I Other Projects Maintenance Cost: Total Estimated Cost: $373,048 52 ~\l/.0:. CITY OF ~ (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Imp,'ovcmcnt Program Project Description Report Project Location: Otay Ranch Village 7, Magdalena A vcnue --~- Department Responsible: Recreation Project lntcnts: Service Extension Project Description: The scope of work includes but is not limited to the following: Design and construct for the City a fully functional 7.9-acre park as outlined in the "All Seasons Park, Approved Master Plan", dated February 10,2004 (Master Plan). The park shall include, but not be limited to all components described in the Master Plan. The Project is located in the Otay Ranch Village 7 neighborhood, located on Magdalena Avenue in the City ofChula Vista. Justification: The City Council previously approved by Resolution No. 2006-294 the Master Plan for All Seasons Park, which conceptually designed and provided for the construction of a completed and fully functional 7.6-acre park. On June 17,2003 the Council approved a resolution establishing a Design-Build Priority List excluding fire facilities to be used in awarding Design-Build contracts for future City projects. 'On February 28, 2007 an RFP (Request for Proposal) was issued to all of the Design-Build firms on the Priority List to prepare proposals for the design and construction ofa completed and fully flll1ctional 7.6-acre park, All Seasons Park. Estimated total project cost is $2.5M. Council approved a Design Build agreement in May 15,2007. Staff will return to Council at a future date to establish the Gross Maximum Price (GMP) for the project. Estimated Operation and $85,000 I Project Type: I Park and Recreation Maintenance Cost: Total Estimated Cost: $2,900,000 FY2012-13 $0 53 .s.,l 't-- em' OF 'o:{l~'l (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Revitalization Project Location: Department Responsible: Project Intents: Project Description: Redevelopment and Housing Authority The Storefront Renovation Program (SRP) was created to revitalize the downtown area, increase property values and lease rales; increase business and leisure visits; and expand investment oppOltunities. The requested funds will be used for lighting and facade improvements, replacement doors, sign age, and landscaping. Justification: This project is important to the revitalization of the western portion of the City. Estimated Operation and Maintenance Cost: $0 Project Type: Redevelopment Total Estimated Cost: $335,000 54 ~Iff=. OTY OF ~ (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Sidewalk improvements along Fourth A venue, between L Street and Orange A venue. Project Location: Fourth Avenue, between L Street and Orange Avenue Dcpartment Responsible: Project Intents: Project Description: Public Works Justification: The proposed sidewalk improvements are necessary for adequate pedestrian circulation and safety along Fourth Avenuc. The City currently is in the proccss of completing the undergrounding of overhead utilities and installation of street lights along this roadway subject area. Upon completion of under grounding and streetlight installation, the sidewalk and street widening work will proceed. Estimated Operation and Ivlaintcnancc Cost: $0 Project Type: Local Streets Total Estimated Cost: $1,828,167 55 ~\!f::.. CITY OF ~:lCHUlA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Department Responsible: First Avenue ,,~ \):~._-~--~-,,~~~... ,~,., ." :"';':::~~~'l::,:;\\ \ '::;.~A' \~~;~?~~~,"{:t~(~ .;,...",-\r_ .~..;..\ uj" Engineering Project Intents: Project Description: Revitalization This project entails full street and sidewalk improvements as part of the Western Chula Vista Infrastructure Improvement Program, Castle Park Neighborhood Revitalization Program, Justification: The residents of this block have indicated a willingness to form a special assessment disticl. Upon formation of the district, funds will be appropriated to construct the improvements Estimated Operation and Maintenance Cost: $0 I Project Type: I Local Streets Total Estimated Cost: $1,822,240 56 ~~lff:.. CITY OF ~CHULAVlSIA -.---' '" City of Ch uIa Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Glenhaven Way and Amy Street, west of First Avenue. Department Responsible: Project Intents: Project Description: Engineering Upgrade This project entails full street and sidewalk improvements as part of the Western Chula Vista Infrastructure Improvement Program, Castle Park Neighborhood Revitalization Program. Justification: Glenhaven Way and Amy Street do not have sidewalks and the existing roadway is substandard. Under the Castle Park Neighborhood Revitalization Program, the property owners petitioned, and City Council had formed, an assessment district for the construction of full street improvements, with the property owners paying for the costs of driveway aprons and the relocation of private improvements. All other project costs are being paid through funds obtained through a HUD Section 108 Loan. Estimated Operation and Maintenance Cost: $0 Project Type: Local Streets , Total Estimated Cost: $726,730 57 ~'\/f::. CITY OF ~- CHU' AVICTA ~:_.~~ lJ\ .JJj City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Upgrade This project entails full street and sidewalk improvements as part of the Western Chula Vista Infrastructure Improvement Program, Castle Park Neighborhood Revitalization Program. Project Location: Oxford Street, Third A venue to Alpine ^ venue Department Responsible: Project Intents: Project Description: Engineering Justification: Oxford Street, between Third Avenue and Alpine Avenue does not have sidewalks, except along one parcel at Third Avenue and Oxford Street, and the existing roadway is substandard. Under the Castle Park Neighborhood Revitalization Program, the property owners have submitted a petition requesting that the City Council form an assessment district for the construction of full street improvemelits, with the propelty owners paying for the costs of driveway aprons and the relocation of private improvements. All other project costs are being paid through funds obtained through a HUD Section 108 Loan. Estimated Operation and Maintenance Cost: $0 Project Type: Local Streets Total Estimated Cost: $165,000 58 ~'(f-. CITY OF ~ (HULA VISTA City of Chula Vista 2009110-2013/14 Capital Improvement Program Project Description Report Engineering ISCHOOI'I '~J~~~ i[t'o] , 1.1..... .. FO"..... .;..... L~. . F ; , f' t--...' L-,~",,~"'JTtllrH.i t!.C.HOSSWAI:.P(~ Project Location: Department Responsible: Project Intents: Project Description: Citywide Revitalization The Pedestrian Master Plan (pMP) will identify missing pedestrian improvemcnts, establish priorities and program capital improvements projects that will increase connectivity among existing facilities. Justilication: The PMI' will promote safer and more enjoyable environments for pedestrians by detecting areas where missing street improvements could improve environments for pedestrians. The completion of recommended improvements will include links to regional bikeways and public transit. Estimated Operation and rvlaintenance Cost: $0 Projcct Type: Local Streets Total Estimated Cost: $256,000 59 ~\f?- ClTYOF ~ (HUlA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Renovation and Replacement This Project entails full street and sidewalk improvements as part of Western Chula Vista infrastructure Improvements Program, Castle Park Neighborhood Revitalization Program. Project Location: Second A venue, Naples Street tp Palomar Street Department Responsible: Project Intents: Project Description: Public Works Justification: Second A venue, between Naples Street and Palomar Street does not have sidewalks and the existing roadway is substandard. Under the Castle Park Neighborhood Revitalization Program, the property owners have submitted a preliminary petition requesting that the City Council form an assessment district for the construction of full street improvements, with the property owners paying for the costs of drivcway aprons and the relocation of private improvements. All other project costs are being paid through funds obtained through a HUD Section 108 Loan. Estimated Operation and Maintenance Cost: $0 Project Type: Local Streets Total Estimated Cost: $125,000 60 ;$'Uf:.. CITY m ~ (HUlA VlSTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Citywide ::;; I Depmiment Responsible: Project Intents: Project Description: Engineering Renovation and Replacement This project will provide for an on-going program of pavement preservation and may include chip seals, slurry (REAS) seals and thin overlays (less than one-inch thick). Justification: Preventative maintenance and preservation of existing pavement is necessary to cost effectively extend its life and avoid further deterioration of the pavement and base material. Estimated Operation and Maintenance Cost: $0 Project Type: Local Streets Total Estimated Cost: $ I ,978,000 73900 CIWtvlB - Recycled Rubber Grant Prop 42 Traffic Congestion Relief $0 $0 $0 27341 $1,000,000 $0 $0 $0 $0 61 ~\If::.. CITY OF ~CHU!J\VISTA City of Chula Vista 2009/1 0-2013/14 Capital Improvement Progmm Project Description Report Project Location: Citywide Department Responsible: Project Intents: Project Description: Engineering Upgrade Update existing Bikeway Master Plan adopted in 2005 to determine current facility needs for bicyclists, update previous recommendations and cost estimates and prioritize and recommend needed facilties Justification: The City's Bikeway Master Plan nceds to be updated every five years in order to keep the City eligible for grant funding for bicycle projects. Estimated Operation and Maintenance Cost: $0 Project Type: Local Streets Total Estimated Cost: $200,000 62 ~\({;:. em' OF ~ (HULA VISTA City of Ch ula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Upgrade Project provides for the construction of ADA compliant pedestrian ramps throughout the City. flared slqa . .:;>~I:'!M:~'i\("'" '. \ /.."~ .;<,,:^:\,/)<' ~ " -z",,-__'\'S X ~~ ---." ',' /i~~ ,;< , " ",,?,,~,y., I ' t---L;;- transitloQS '- r '" // "::..i '''-::. ~', ,/ , ~/ . ,~' Project Location: Department Responsible: Project Intents: Project Description: Citywide Engineering Justification: Existing pedestrian facilities lack curb ramps which limits the mobility of physically challenged persons. The construction of these ramps will increase the mobility of these citizens and assist in bringing the City into compliance with the American with Disabilities Act (ADA). Estimated Operation and Maintenance Cost: $0 Project Type: Local Streets Total Estimated Cost: $504,922 63 ~\IIf: On' OF Jftz~ (HUlA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Citywide Dep3l1ment Responsible: Project Intents: Project Description: Engineering Renovation and Replacement This is part of an ongoing program of pavement rehabilitation and reconstruction and will include overlays (one-inch thick and greater) and some street reconstruction based on the recommendations of the City's Pavement Management System. Justification: Rehabilitation of existing pavement is necessary to cost effectively extend its life and avoid further deterioration of the pavement and base material. Estimated Operation and Maintenance Cost: $0 Project Type: Local Streets Total Estimated Cost: $2,225,000 64 .:::::~\!f::.. em' OF ~ (HULA VISTA City of Chula Vista: 2009/l0-2013/14 Capital Improvement Program Project Description Report Renovation :-;01 Project Location: Citywide Department Responsible: Project Intents: Project Description: Engineering This project will provide for an ongoing program of pavement preservation and may include chip seals, slurry (REAS) and thin overlays (less than one-inch thick). Justification: Preventive maintenance and preservation of existing pavement is necessary to cost effectively extend pavement life and avoid further deterioration ofthe pavement and base material Estimated Opcration and Maintenance Cost: $0 Project Type: Local Streets Total Estimated Cost: $200,000 65 ;:s,lf?- em OF ~ CHUIA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvcmcnt Program Project Description Report Department Responsible: Public Works ~~I Project Location: Citywide Project Intents: Project Description: Renovation and Replacement This is part of an on-going program of pavement preservation, rehabilitation, and reconstruction and may include overlays (one-inch thick and greater), complete roadway reconstruction, dig-out repairs, chip seals, and/or slurry seals, based upon the recommendations of the City's Pavement Management System. Justification: Rehabilitation, maintenance, and preservation of the City's roadway pavement is necessary to cost-effectively extend its serviceable life and to avoid advanced and rapid deterioration of the pavement resulting from the failure to maintain pavement in a timely manner. Estimated Operation and Maintenance Cost: $0 Project Type: Local Streets Total Estimated Cost: $3,385,407 66 ~\\(1:::.. CIWOF ~ CHUI.AVISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Intents: Project Description: Renovation and Replacement Naples Street & Oleander Avenue Cross-gutter Reconstruction and Pedestrian Enhancements 1- Department Responsible: Naples Street & Oleander Avenue Public Works Project Location: J usti lication: Naples Street and Oleander Avenue is a signalized intersection, but not does not operate optimally due to deep cross-gutters affecting nnrth-south vehicular traffic, which must slow down significantly in order to avoid "bottoming out." This project would improve intersection capacity and provide needed ADA- compliant pedestrian improvements. Estimated Operation and Maintenance Cost: $0 Project Type: Local Streets Total Estimated Cost: $205,000 67 ~{!f::. CITY m ~CHULAVISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Department Responsible: Project Intents: Project Description: Industrial Blvd. from L Street to Palomar Street Engineering Upgrade This project involves installing additional pavement and striping in order to construct a bike lane on both sides of the street from L Street and Bay Blvd. to Industrial Blvd. and Palomar Street. Justification: Estimated Operation and Maintenance Cost: This project would complete one of the priority projects in the City's Bikeway Master Plan and add an important north-south bikeway corridor. $0 Project Type: Local Streets Total Estimated Cost: $353,370 68 ~!(~ ClTYOF ~ (MUlA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Pt'ogram Project Description Report Project Location: Industrial Blvd. from Naples St. to Palomar St. Department Responsible: Engineering Project Intents: Project Description: Upgrade Constructing a bike lane on both sides of Industrial Blvd and constructing curb, gutter and sidewalk on thc east side of Industrial Blvd. Justil1cation: This would provide additional pedestrian access between the elementary school and mobile home park at Naples St. and the commercial area at Palomar St. Additionally, the Industrial Blvd. bike lane is one of the priority projects listed in the City's Bikeway Master Plan Estimated Operation and Maintenance Cost: $0 Project Type: Local Streets T otar Estimated Cost: $429,200 69 ~\!{?- Cln'OF ~ (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Department Responsible: Project Intents: Project Description: Third Avenue ~if.~\-~' ~~~ i:~'~' ,Y~: -b~~:J'a ~...:< . .,..< ~. <"~'f'-.,'<< ':. Vicinity Map Planning and Building Revitalization The goal of the Third Avenue Streetscape Improvement Project is to integrate revitalization efforts with a comprehensive street improvement program. Street improvements include "bulbout" traffic calming measures at pedestrian street crossings; streetscape enhancements such as new median landscaping, street trees, lighting, furnishings and community gateway features, expanded bicycle parking, relocated transit stops and new transit shelters. J usti fication: This project implements the 2005 General Plan's Smart Growth principals and the 2007 Urban Core Specific Plan (chapter II-Short Term Demonstration project); at no cost to the General fund. Estimated Operation and Maintenance Cost: $0 I Project Type: I Local Streets Total Estimated Cost: $2,800,000 70 ~Iff:. CITY OF '=i~g (HULA VISTA City of Chula Vista 2009/10-2013/14 Capitallmprovcrncnt Program Project Description Report Project Location: Department Responsible: Project Intents: Project Description: North Side of I Street between Hilltop Drive and First Avenue Engineering Upgrade Installation of PCC sidewalk, ADA compliant pedestrian ramps and driveway approaches, and upgrade existing pedestrian ramps to current ADA Standards. Justification: This segment would fill in the gaps of missing sidewalk on the north side of! Street between Hilltop Drive and First Avenue. This project will increase the safety of pedestrians at the proposed location. The project is located within 1000 feet of Hilltop Drive Elementary School. Estimated Operation and Maintenance Cost: $0 Project Type: Local Streets Total Estimated Cost: $232,440 71 ~If.c-. CITY OF ~ (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Upgrade Project provides for the construction of ADA compliant pedestrian ramps throughout the City. :;;';1 Project Location: Citywide Department Responsible: Project Intents: Project Description: Public Works Justification: Existing pedestrian facilities lack curb ramps which limits the mobility of physically challenged persons. The construction of these ramps will increase the mobility of these citizens and assist in bringing the City into compliance with the Americans With Disabilities Act (ADA). Estimated Operation and Maintenance Cost: $0 Project Type: Local Streets Total Estimated Cost: $536,000 72 .s.\\!f:. eln' OF ~CHULA VlSTA City of Ch ula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Department Responsible: Project Intents: Project Description: Broadway between C Street and D Street Engineering Renovation and Replacement The plu:pose of the project is to provide ultimate drainage system improvements to this project area that flood duriug periods of intense rainfall. In addition, this project will re-construct the pavement section that is beyond overlay repair. Justification: This project will provide for street improvements and construct drainage facilities along Broadway from D Street to approximately 200 lineal feet North of C Street. The scope of the work consists of a full street reconstruction, portions of curb & gutter, sidewalk, and driveways to be replaced, retrofitting pedestrian ramp to meet current ADA (American Disability Act) standards, replacement of traffic loops with video detection cameras, installation of approximately 2000 lineal feet of storm drain pipes, clean-outs and curb-inlet structures within the project limits. Improvements will also be completed within the City of National City. This work consist of installing approximately 200 lineal feet of storm drain pipe and connecting it to an existing curb-inlet structure that discharge storm run-off water to the Sweetwater river. Estimated Operation and Maintenance Cost: $0 Project Type: Major Streets Total Estimated Cost: $3,719,722 FY2012-13 FY2013-14 33310 CDBG $0 $0 $0 $0 $0 73610 Miscellaneous $2,178,000 $0 $0 $0 $0 Transportation Grants 71700 Residential Construction $0 $0 $0 $0 $0 Tax (RCT) 73 ~I/?- OTYOF ~CHUlA VISTA City of Chula Vista 2009110-2013/14 Capital Impl'Ovement Program Project Description Report Upgrade Widening of Otay Lakes Road between Telegraph Canyon Road and Ridgeback Road to six-lane major standards and East H Street at eastbound Otay Lakes Road to accommodate dual left-turn and dual right-turn lanes. This project will be built in 2 or 3 construction phases. :;::~~!::'::.:.- Project Location: Otay Lakes Rd, between Telegraph Canyon Road and Ridgeback Road and East H Street at Otay Lakes Rd Department Responsible: Project Intents: Project Description: Engineering '->,=, -'';11,:'-, Ij~ Justification: Segments of Otay Lakes Road operate below threshold levels of service during peak traffic periods. This project will widen Otay Lakes Road to six-lanes between Telegraph Canyon Road and Ridgeback Road and will widen East H Street from Otay Lakes Road to the west, including dual left-turn and dual right-turn lanes from eastbound East H Street to Otay Lakes Road. This project will be constructed in 2 or 3 phases, as needed to meet established levels of service. The first phase will include ultimate improvements within East H Street and within Otay Lakes Road from Ridgeback Road to approximately 400 feet south of East H Street Estimated Operation and Maintenance Cost: $0 Project Type: Major Streets Total Estimated Cost: $10,900,000 74 ~Wf::. CITY OF ~ C1-IU LA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Heritage Road at Otay River, South of Main Street "'" ......" \ ~1,P4~ \ Department Responsible: Engineering i. \~ Project Intents: Service Extension ' " / F' I r ",' ,f: ':/ Project Description: Preliminary Engineering, Project Design, and Environmental Analysis to determine the ultimate configuration and {..... ~ .' alignment of the Heritage Road Bridge over the Otay River, south of Main Street, needed to meet ultimate traffic " demands at development build-out ~ " Justification: In order to accommodate projected growth in southeastern Cllula Vista and to link the City to Otay rv!esa, the Heritage Road Bridge will ultimately need to be widened and/or realigned. This project will completeLl) preliminary engineering to determine the bridge's ultimate configuration and alignment; (2) environmental evaluation to determine environmental impacts, constraints, and mitigation requirements; and, (3) construction plans and specifications. Estimated Operation and $0 I Project Type: I Major Streets Maintenance Cost: Total Estimated Cost: $2,494,089 59110 Miscellaneous Transportation Grants Transportation Development $0 $0 $0 $0 $0 73610 75 ~(ff:. Cln' OF ~ (HUlA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Department Responsible: Project Intents: Project Description: Engineering Renovation 'I .~~~ ,,~~ -~~(I i'-"~'~~ . 't..,. \) '" Project Location: Collectors and Alierials Citywide This will provide major pavement rehabilitation, primarily overlays, for major streets and alierials that qualify for Federal funding Citywide. ~I Justification: Estimated Operation and Maintenance Cost: This project will improve safety, appearance and pavement life for major streets in Chula Vista. $0 Project Type: Major Streets Total Estimated Cost: $2,610,000 76 ~\(/f:. eln' OF ~ CHUIAVISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Pmgram Project Description Report Project Location: Broadway, Main Street to Southern City Limits + \\ i""-," I if Department Responsible: Public Works ~~~ ~~;::':_~~]I' --- - ~1~rj~llrft~ ~...._.u_.,~. ---=-'~,-.-!.,:",,,,,u__,, - - 'r''''''''\'"," Project Intents: Revitalization ---- - n-:..e....-=. Project Description: Construction of curb, gutter, and sidewalk, drainage facilities, and pavement replacement in Broadway, betwecn Main \' Street and the southerly City limits Justification: This segment of Broadway lacks full street improvements and is the only remaining segment of Broadway without sidewalks. Completion of these improvements will provide full pedestrian facilities along Broadway with City of Chula Vista and will connect to existing pedestrian facilities within the Cities of National City and San Diego. Estimated Operation and $0 I Project Type: I Local Streets Maintenance Cost: Total Estimated Cost: $2,200,000 77 ;$\I!f::..Cln' OF ~ (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Depaltment Responsible: Project Intents: Project Description: Engineering Renovation and Replacement Project involves the replacement of approximately 1,313 feet of 15 inch VCP with an j 8-ineh pipe on Colorado Street between IIK" and 11]" Street. Project Location: Colorado between J and K Justification: Estimated Operation and Maintenance Cost: Improvements required to mitigate capacity constraints in Colorado Avenue Sewer. $0 Project Type: Sewer Total Estimated Cost: $978,529 41300 $0 29300 $0 $0 $0 $0 78 .:$\!!f::. CITY OF 'i~CHUI.A VISTA City of Chula Vista 2009110-2013/14 Capital Improvement Program Project Description Report Project Location: Depattment Responsible: Project Intents: Project Description: Robinhood Ranch II Public Works Replaccment This project involves the preparation of a preliminary design report, plans, specifications and cost estimates (PS&E) needed to facilitate the construction of improvements which will enhancc the operability,and safety of the Robinhood Ranch 1I pump station. Justification: The Robinhood Ranch II SPS was originally built in 1975. When it was originally constructed, it was located next to a streambed, which causes the lift station to be subject to periodic flooding. This is inconsistent with our current design standards. The surface of the wet well has been experiencing rapid deterioration due to infiltration. This has caused an increase in the required maintenance and repairs to the pump station for the past several months. In addition, due to the current configuration of the pump station area, the vehicular access to the pump station needs to be improved. The goal of this project is to analyze, determine, and design the required improvements to mitigate these issues. Estimated Operation and Maintenance Cost: $0 Project Type: Sewer Total Estimated Cost: $450,000 79 ~I!f:. CITY OF ~CHULAVISTA City of Chula Vista 2009/10-2013/14 Capital Improveincnt Program Project Description Report Renovation and Replacement The purpose of the project is to repair/replace deteriorating sewer lines and manholes within the collection system identified as having significant structural deficiencies by the City's video monitoring program. Project Location: Department Responsible: Project Intents: Project Description: Citywide Public Works Justification: Failure of any sewer pipe would result in significant loss of function within the system over an extended period of time in addition to potential water quality impacts or public health and safety impacts. Estimated Operation and Maintenance Cost: $0 Project Type: Sewer Total Estimated Cost: $300,000 80 ~\(?- eln' OF ~ (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Intersection ofIndustrial Boulevard and Main Street " - - .... n_ _ : 1 " --,.-~ I Department Responsible: Public Works i\\ i i .. i" ]'\ i Project Intents: Upgrade "',J.\ i .'.~; I \ ',:' 'T r" .__..H......_ i Project Description: The project will study the confluence of two significant sewcr lines within the intersection of Industrial Blvd. and Main Y" '-I . .[ '....L..__ Street (within MHII 5106) to determine and design improvements to increase capacity within the system in the area. :~\~~:-j ,...... ..J Justification: The location has been identified through the City's flow metering program as an area exceeding current design capacity thresholds. Estimated Operation and $0 I Project Type: I Sewer Maintenance Cost: Total Estimated Cost: $ 140,000 81 ::$\I/{;: Cln' OF ~CHUIJ\V1STA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Depm1ment Responsible: Project Intents: Project Description: Eastern Chula Vista Public Works Service Extension Installation of permanent traffic count stations, which includes software and hardware, to monitor the traffic volumes/capacity of the major streets within the City on a continuous basis. This project will be on-going as necessary to collect/monitor data and create repol1s. Justification: Count stations are needed to assist in accurately forecasting levels of service based on existing and added developments. Estimated Operation and Maintenance Cost: $0 Project Type: Traffic Total Estimated Cost: $540,000 82 ~I/{;:. CITY OF ~ (HUlA VISTA City of Chula Vista 2009110-2013/14 Capital Improvement Program Project Description Report Installation of a fully actuated traffic signal system. Project Location: Second A venue and Quintard Street Department Responsible: Project Intents: Project Description: Public Works Service Extension Justification: Intersection is at close proximity to Castle Park Middle School. The intersection is ranked No.4 on the 2002/2003 Trame Signal Priority List and this intersection has met the warrants for traffic signal school crossing. Estimated Operation and Maintenance Cost: $4,500 Project Type: Traffic Total Estimated Cost: $375,000 83 ~'!f:. CITY OF ~:! CHUlAVISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Annual program that will provide for traffic count data and information as part of the Traffic Volume Count program. ~~I Project Location: Citywide Depal1ment Responsible: Project Intents: Project Description: Public Works Justification: Traffic counts are required to provide data for safety commission studies, Traffic Monitoring Program (TMP), citizen complaints and various traffic management issues. Estimated Operation and Maintenance Cost: $0 Project Type: Traffic Total Estimated Cost: $390,000 84 ~lff::. CITY OF ~ (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Department Responsible: Public Works ~c: I Project Location: Citywide Project Intents: Project Description: The project will provide for transportation planning studies associated with the GMOC's critical circulation system including Traffic Monitoring Program studies, transportation forecasting and intersection analysis. The intent of this project is to insure compliance with GMOC threshold standards. This project is listed in: RTlP 08-00 CHV45 (Maintenance) Justification: All studies will be performed in order to understand and identify development's cumulative traffic impacts and it recommend mitigation measures consistent with GMOC goals. Estimated Operation and Maintenance Cost: . $0 Project Typc: Traffic Total Estimated Cost: $780,000 85 ~!(?- CITY OF r~ CHULA.VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Citywide Depal1ment Responsible: Public Works Project Intents: Project Description: This project will provide engineering support to address citizen requests/complaints, and provide for the implcmentation of traffic calming measures to address the requests/complaints (including resolutions adopted by the Safcty Commission regarding traffic related issues). This includes, but is notlimitcd to, the following tasks: field invcstigation, collection and analysis of data, management of citizen requests, preparation of studics and reports, preparation of new City guidelincs and/or policies to by approved by the Safety Commission and/or City Council, purchasing of traffic calming equipment, providing signing and striping, and public education. This project is listed in: RTIP 06-00 CHV34 Justification: This project will address the challcnges of a growing Transportation Network and assist with the reduction of speed and enhancement of safety through education. Estimated Operation and $0 I Projcct Type: I Traffic tvlaintenance Cost: Total Estimated Cost: $1,330,000 86 ~\/~ On' OF ~ (HULA VISTA City of Cbula Vista 2009/10-2013/14 Capital Impl'Ovcmcnt Program Project Description Report Project Location: FOUl1h and Main, Fourth and Beyer I~....' '....1,' ,~] ~::l~~~~ - ::-~t~=( --'t-':;''''.iI "",., ~ !:---:' . " '!~'.'j...-.:-,--_.,.:..j~ l:~~~=-___.._.__.':;c.~:. Department Responsible: Project Intents: Project Description: Public Works Renovation This project will provide for repair work of existing traffic signal equipment to allow for optimal signal operations and update the signal system to current city standards and lengthen the lifespan of the traffic signal as well as improve its maintenance and operations. Justification: These aging traffic signals are in disintegrating condition and in need of major repair and/or modifications. Estimated Operation and Maintenance Cost: $0 I Project Type: I Traffic Total Estimated Cost: $777,000 87 ~I!~ On' OF ~ CHUlJWISTA City of Chula Vista 2009/10-2013/14 Capitallmpl"Overncnt Program Project Description Report Project Location: Department Responsible: Project Intents: Project Description: Third and Montgomery Public Works 'I Replacement of existing traffic signal equipment at intersection and installation of new 4-phase traffic signal. I i l~;~~ ii i~ Estimated Operation and Maintenance Cost: Condition of existing signal is beyond repair and/or modification. Replacement of traffic signal will assist with maintenance and improve traffic circulation and intersection safety along Third A venue and will provide vehicle detection. $0 I Project Type: I Traffic $690,000 Justification: Total Estimated Cost: 22500 22700 22740 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 88 ~'If~ ClTYOF ~ (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Department Responsible: Project Intents: Project Description: Citywide Public Works ~:~I Project Location: This project will provide for grinding/sandblasting of existing striping, pavement markings, installation of new signs and striping, traffic control and protection/restoration of existing improvements within the City. This project will also address the challenges of a growing transportation network and assist with traffic calming, and increasing safety along roadways. This project is listed in: RTlP 08-00 CHV35 (Maintenance) J usti fication: Program will allow modification of existing striping and signage at various locations due to lane adjustments in an effort to improve traffic tlow and overall safety of the roadways. Estimated Operation and Maintenance Cost: $0 Project Type: Traffic Total Estimated Cost: $GI3,~80 FY2010-11 FY2011-12 89 ~\U?- Cln' OF ~ CHUlAVISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Citywide ':~I Depmtment Responsible: Project Intents: Project Description: Public Works Upgrade This project includes the data collection and analysis of lefHurn movements at signalized intersections in order to create a priority list of signalized intersections that warrant modification. Based on available funds, this project will also upgrade traffic signals with protected-left turn phasing based on this priority list. The following intersections are currently ranked no. 112 on the priority list: Fourth Avenue & 'G' Street (scheduled modification FY 09/1 0), and Broadway & Oxford Street (scheduledmodilication FY 10/1]). Justification: Will allow motorists to safely maneuver left turns into the intersections during a protective phase thereby enhancing traffic safety, reducing broadside accidents, potentially decreasing delays and improving air quality. Estimated Operation and Maintenance Cost: $0 Project Type: Traffic Total Estimated Cost: $1,376,649 90 ~W.c-. Cln' OF ~ (HULA VISTA City of Chula Vista 2009/10-2013/14 Capital Impmvcmcnt Program Project Description Report Project Location: I-80S ;;2.;-i?i1}..~(I.~v8 ,;" ,~~:;;@~~;,.~r,;.~'&,:: Depal1ment Responsible: Public Works Project Intents: Project Description: Service Extension Justification: Inter-agency coordination with Caltrans and SANDAG during preliminary engineering and design of managed lanes, interchange modifications and improvements on 1-805 for carpool (HOV) lanes. Possible on/offramps planned at East Palomar Street and East H Street interchanges, including highway widening, restriping, signal improvements, transit facilities and landscaping. This project is one of SANDAG's Early Action projects for Transnet II. This project will allow staff to coordinate with Caltrans on the design of improvements. Caltrans and SANDAG are studying improving 1-805 to eight (8) general purpose lanes plus four (4) managed lanes for ultimate freeway buildout. Estimated Operation and Maintenance Cost: $0 Project Type: Traffic Total Estimated Cost: $205,000 91 ~If;;. Cln' OF ~ CHUlAVISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Citywide ~"I Department Responsible: Public Works Project Intents: Project Description: This project will develop traffic calming guidelines and/or polices, will update/analyze traffic collision records, and will implement and manage traffic control devices on public streets citywide. In addition, this project will be used as a local match funding source for traftlc related grant opportunities. This project is listed in: RTIP 06-16 CHV 33 Justification: With the increasing number of schools build in the City, staff has received an increased number in citizens requesting traffic control improvements as a result of traffic concerns related to speeding, congestion, parking, signing and striping near school. This program will allow staff to coordinate with school ofncials and citizens requesting traffic improvements in planning, implementing and managing school traffic. Estimated Operation and Maintenance Cost: $0 Project Type: Traffic Total Estimated Cost: $1,084,600 92 ~\(f:. Cln' OF ~ (HUlA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Project Location: Department Responsible: Project Intents: Project Description: Citywide ':~I Public Works Upgrade This program will provide consultant services for the City to assist staff with upgrading existing traffic signal coordination to improve traffic circulation, reduce intersection dclays and reduce congestion throughout the City. City CV and SANDAG obtained TLSP (Traffic Light Synchronization Program) Grant for three corridors in Chula Vista: Broadway, 1-1 Street & Palomar Street. This project is listed in: RTIP 08 CHV39 (CR) Justification: New developments in traffic signal coordination technology are now available that can greatly improve the efficiency of traffic signal operations and more effectively coordinate traffic signals to reduce travel times, delays and congestion along the City's major traffic corridors. Estimated Operation and Maintenance Cost: $0 Project Type: Traffic Total Estimated Cost: $500,000 93 ~I!~ eln' OF ~ (HULA VISTA City of Ch ula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Public Works ,..~-I Project Location: Department Responsible: Citywide Project Intents: Project Description: This program will allow for identification and implementation of solutions for congestion relief on local streets. Remedies may include activities such as median installation for safety improvement or left turn movement; new traffic signals, Protective Permissive Left Turn (PPL T) installation, signal removals, traffic signal upgrades, intersection studies to determine/justify traffic signal installations/modifications, signal intersection lighting, traffic signal coordination, traffic signal interconnection, video traffic surveillance systems, and traffic data/count collection systems for performance monitoring purposes. This project may also help initiate the creation of new CIP Projects to address larger scale projects that require additional funding. This project is listed in: RTlP 08-00 CHV 43 (CR). Justification: The TransNet Ordinance allows for at least 70% ofrevenucs provided for local street and road purposes be used to fund direct expenditures for facilities contributing to congestion relief. This project allows for efforts that arise outside of other established ClP projects. Estimated Operation and Maintenance Cost: $0 Project Type: Traffic 94 s\ll?::. Cln' OF ~CHULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement PmgnuII Project Description Report Project Location: State Route (SR) II and SR 905 Department Responsible: Public Works Project Intents: Project Description: Otay Mesa Transportation System Justification: This project will allow the City of Chula Vista to coordinate with Caltrans, SANDAG, the County of San Diego and the City of San Diego regarding proposed changes in land uses, Port of Entry, and circulation clement roadways (SR-lI1SR-905) that affect border region and the southerly portion of the City ofCV. This project is listed in: RT1P 08 CHV44 (CR) Estimated Operation and Maintenance Cost: $0 Project Type: Traffic Total Estimated Cost: $150,000 95 ~\'I?- CITY OF ~ CHULAVISTA City of Ch ula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Depm1ment Responsible: Project Intents: Project Description: Public Works Project Location: SR54 State Route 54 Corridor Improvements' and Arterial Operations J usti fication: During the peak periods oftravel, there is much commuter lost time due to existing lane geometry between the on/off-ramps. This project will allow City staff to meet with regional stakeholders such as Caltrans and SANDAG in order to expedite improvements to State Route 54 due to impending smart growth trends expected on the City's west side. Increased density is expected in the areas generally bounded by 1-805 to the east and SR-54 to the north. Estimated Operation and Maintenance Cost: $0 Project Type: Traffic Total Estimated Cost: $150,000 96 ~\l(f:.. CITY OF ~~(HULA VISTA City of Chllla Vista 2009/10-2013/14 Capital Improvement P,'ogram Project Description Report Project Intents: Project Description: This project i~ to gather data from residents living across the entire City through community meetings and walking audits (at 36 deferent elementary schools) regarding missing or desired pedestrian related facilities within residential communities and neighborhoods. Each walking audit will be facilitated by WalkSanDiego, a local grassroots, non-profit organization focused on improving walkability throughout the region, per City agreement of $194,31 O. The City applied for a grant funding through the Community Based Transportation Planning Program and the application was approved. The City has accepted the grant funds per resolutions 2008-003, 2008-004, 2008-005, 2008-006, and 2008-007. ~.~.I Project Location: Department Responsible: Citywide . Public Works Justification: Estimated Operation and Maintenance Cost: $0 Project Type: Traffic Total Estimated Cost: $402,000 97 ~u~ Cln' OF ~ CHULAVISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Program Project Description Report Upgrade and maintain traffic signal and streetlight systems including, but not limited to, improvements to interconnect conduits and cables, vehicle detection systems, uninterruptible power supplies, signal signage, emergency vehicle preemptions systems, signal controllers and app1ll1enanccs. This project also includes the update of the Traffic Signal Improvement GIS Database Layer. This project is listed in: RTIP 08-00 CI-IV35 (Maintenance) ~I Project Location: Citywide Department Responsible: Project Intents: Project Description: Public Works Upgrade Justification: Proper maintenance and utilization of new technology on traftic signal and streetlight systems helps ensure signalized intersections within the City operate as efficiently and safely as possible. Estimated Operation and IVlaintenance Cost: $0 Project Type: Traffic Total Estimated Cost: $1,518,003 98 .:$Wf:.. (In' OF ~CHULA VISTA City of Chula Vista 2009/10-2013/14 Capital Improvement Prog.-am Project Description Report Project Location: Intersection of Albany Avenue and Orange Avenue Depaltment Responsible: Project Intents: Project Description: Engineering \'.'. '.,.~\"\ I '. \,?,..J .... \\. ~;. ,'. f' ';: I: '- :~,I'::_"-~f\-- . -,,,~', " I I:::~~::__"f' -""'i'.::~::,I:. C---1J "I 1-----1! 1 I I :,"''''' il Ii -:'1 .r.----.-u~..-"-i'l .' .J ~ Service Extension Installation of fully actuated Traffic Signal System Justification: Intersection is at close proximity to Otay Elementary SchooL The intersection is ranked #2 on the 2005 Traffic Signal Priority List and this interection meet the Warrant for Traffic Signal Installation, Estimated Operation and Maintenance Cost: $0 I Project Type: I Traffic Total Estimated Cost: $350,000 99 AClWOF :::;~.~~ (HULA VIC'TA ...........__ . oJll, City of Chula Vista 2009/10-2013/14 Capital Impl'ovemcnt Prognlm Project Description Report Project Location: Intersection of Hilltop Drive and Main Street '~':i~ .:' :.'~:f'![~r c . J<-~~~=---":--i Department Responsible: Engineering . ""'.' '~I 'r '.' I Project Intents: Upgrade I'~~j~~i ..-- Project Description: This project will provide for repair work of existing traffic signal equipment to allow for optimal signal operation and ..I""''''' - I, update signal system to current City standards and lengthen the lifespan of traffic signal as well as its maintenance and I 'c I ,;]f- I! .r- I operations. , L.EJ ..~._.._- _"_n_ Justification: This aging traffic signal is in disintegrating condition and does not meet current design standards, and is in need of major repair and modification. Estimated Operation and $0 I Project Type: Traffic Maintenance Cost: Total Estimated Cost: $250,000 100 DRAFT GLOSSARY OF FINANCE AND BUDGET TERMS Accrual Basis of Accounting - The accounting basis used by the City by which transactions are recognized when they occur, regardless of the timing of cash receipts and disbursements. Accounting System - The collective set of records and procedures used to record, classify, and report information on the financial status and operations of the City. Accounts Payable - Amounts owed by the City to external entities for goods and services received. Accounts Receivable - Amounts due to the City from external entities for goods and services furnished. Adopted Budget - The title of the budget following its formal adoption by resolution of the City Council. Amended Budget - The title of the budget version that includes all amendments to the Adopted Budget approved by Council throughout the fiscal year. Appropriation - A legislative act by the City Council authorizing the expenditure of a designated amount of public funds for a specific purpose. Audit - An examination of City records and accounts by an external source to check their validity and accuracy. Bond - A certificate of debt issued by a government or corporation guaranteeing payment of the original investment plus interest by a specified future date. Budget - A spending plan and policy guide comprised of an itemized summary of the City's probable expenditures and revenues for a given fiscal year. Capital Expenditures - Expenditures related to the acquisition, replacement, or improvement of a section of Chula Vista's infrastructure. Capital Improvement Program - The long-range construction plan designed to foresee and address the City's future capital needs. Capital Project - Any major construction, acquisition, or renovation that increases the useful life of the City's physical assets or adds to their value. Debt Service - Payment of interest and repayment of principal to holders of the City's various debt instruments. Depreciation - The expense incurred with the expiration of a capital asset. Direct Costs - Operational expenditures exclusive to a specific service or program. Discretionary Revenue - Revenues that are generated by general or specific taxing authority such as Property or Sales Taxes. 103 DRAFT Encumbrance - The designation of appropriated funds to buy an item or service. Fiscal - Of or pertaining to the finances of the City. Fiscal Year - The twelve-month period beginning July 1 st and ending June 30th of the subsequent calendar year. Fixed Assets - An asset with a useful life greater than three years. Full-time Equivalent Positions - The conversion of a part-time, temporary, or volunteer positions to a decimal equivalent of a full-time position based on an annual amount of 2,080 hours worked. Generally Accepted Accounting Principles - A uniform set of minimum standards for external financial accounting and reporting. Gann Appropriation Limit - A State of California mandated appropriation limit imposed on local jurisdictions. General Fund - See Operating Budget. General Plan - The fundamental policy document that guides the City's future growth and development. General Revenue - See Discretionary Revenues. Grants - A contribution by a government or other organization to provide funding for a specific project. Grants can either be classified as capital projects or operational, depending on the grantee. Indirect Cost - Costs that are essential to the operation of the City but not exclusive to any specific service or program. Indirect costs are primarily associated with support departments such as City Clerk, City Attorney, Administration, Management Information Systems (MIS), Human Resources, and Finance. Infrastructure - Basic physical assets such as buildings, streets, sewers, and parks. Interest Expense - Interest costs paid by Chula Vista on loans and bonds. Liability - Debt or other legal obligations arising out of past transactions that will be liquidated, renewed, or refunded at some future date. Memorandum of Understanding - A document detailing the outcomes of labor negotiations between the City and its various bargaining units. Municipal Code - A collection of ordinances approved by City Council. Operating Budget - Costs associated with the on-going, day-to-day operation of the City. Ordinance - A formal legislative enactment by the City Council. 104 DRAFT Other Expenditures - All budgeted expenditures that do not fall into one of the three primary expenditure categories: Personnel, Supplies and Services, and Capital. Personnel Services Expenditures - Salaries, wages, and benefits paid for services performed by City employees. Program Revenue - Revenues generated by a given activity. Proposed Budget - The title of the budget prior to itsJormal adoption by resolution of the City Council. Reserves - The portion of the General Fund balance set aside for contingencies. Resolution - A special order of the City Council that requires less legal formality than an Ordinance. Spending Plan - A preliminary budget approved by Council contingent upon subsequent adoption of appropriations. Supplies and Services Expenditures - Expenditures for supplies required for the daily operation of the City and for contractual and professional services. Yield - The rate of return earned on an investment based on the price paid. 105 INDEX DRAFT ~l'~~~~~;;-::r:':~ -='I."''E"1;......,'~".,.. "-"'t,' '<'ffil '''':Il-.:~~.:",....".,~~t'''''j'''p'IA>'J;...t'l''l'"l-i'q~~'"''':'"':;' ~ii'';f.~m~!W~;r'tii/rWt.:''tI'' "'"'1~W1'JF,,~,.~;r""'~'H\l'''\'::':e"''''!<-i'l\'~;.!r.-r;<':'lf'r~,T:!'I~';:J{i;~1"~j',r",~.],Ill'l',.","'~ t:~f"a',f.P~ ,'i.'("~~"~ ci!~;t,,~!i1~~~1T1 ~5!.t1S~~~j\~_~!J~~.i~~ ~l~~t?l~fb~,.ii:.~El~~~I:~~~~l.i::~~:~l.~:.!!o~~Qi~~,tl~~~:~i~i;[~l:,~~tftfk'~,,~~~tt"":~~~~~~~'~'~~~:;~i il~i~~l~ DR180 DR182 DR183 GG183 GG187 LB137 LB143 OP200 OP202 OP206 OP208 OP212 OP217 OP218 PR279 RD241 26501800 26501820 265018300 21041830 21041860 22051370 22001430 21492000 21452020 21462060 21482080 21492120 21402170 21402180 23072790 25042410 DRAINAGE Emergency Storm Drain Replacement 37 Telegraph Canyon Channel Improvements, K Street to First Avenue Telegraph Canyon Drainage Study, First Avenue to Hilltop Drive GENERAL GOVERNMENT GIS - Orthophotography I Topography Project Fuel Tank Removal and Replacement at John Lippitt Public Works Center LIBRARY Automation Advancements & Upgrade Civic Center Library Veterans Wing OTHER PROJECTS Survey Monument Preservation and Replacement Program CIP Advanced Planning Automation - AutoCAD Upgrade CIP Management & Equipment Purchase Parking Meter Replacement Program Palomar Gateway Specific Plan Cactus Wren Habitat Restoration - Central City Preserve Area PARKS AND RECREATION All Seasons Park REDEVELOPMENT Storefront Renovation Program LOCAL STREETS 106 r?'-$g:'~~~~:i~~ r:'~"";l..::::---f~I'..s\~iM.i'Y~f~'" ~~[~l~rj.~:ili!~ t~1~~l!tL:i~;jJ.Ji~~1~f2 STL291 24142910 STL303 24173030 STL304 24173040 STL305 24173050 STL323 24163230 STL342 24103420 STL346 24193460 STL351 24103510 STL352 24103520 STL354 24103540 STL355 24103550 STL357 24103570 STL359 24103590 STL360 24103600 STL361 24103610 STL362 24103620 STL363 24103630 STM354 24043540 STM355 24043550 STM364 24073640 STM366 24003660 STM367 24003670 SW234 26052340 DRAFT Fourth Avenue (L Street to Orange Avenue) Sidewalk Improvememts First Avenue Improvements, Naples - Palomar Glenhaven Way Improvements Oxford Street Improvements, Third - Alpine Pedestrian Master Plan Second Avenue Improvements - Naples Street to Palomar Street Minor Pavement Rehabilitation, FY 08-09 Bikeway Master Plan Update ADA Curb Ramps FY09-10 Pavement Major Rehabilitation FY09-10 Pavement Minor Rehabilitation FY09-10 Pavement Rehabilitation Program (Prop 1 B) Naples Street & Oleander Avenue Cross Gutter & ADA Ped Ramps Industrial Blvd. Bike Lane, L Street to Palomar Street Industrial Blvd. Bike Lane and Pedestrian Improvements Third Avenue Streetscape Improvements Sidewalk Safety Program - I Street Sidewalk Improvements MAJOR STREETS North Broadway Basin Reconstruction Otay Lakes Road Widening, East H to Canyon Heritage Road Bridge Reconstruction Pavement Rehabilitation for Federal - Aid Highways South Broadway Improvements, Main Street to Southern City Limits S EWE RS Sewer Improvements on Colorado, J to K "'1:;'!l""';;'" ~~s~3 107 DRAFT SW256 26092560 Robinhood Ranch II Pump Station Improvements (Surrey Drive) SW260 26002600 SW261 26002610 TF274 24522740 TF316 24553160 TF321 24553210 TF325 24573250 TF327 24563270 TF330 24563300 TF331. 24563310 TF332 24563320 TF337 24563370 TF344 24573440 TF345 24573450 TF350 24583500 TF354 24583540 TF356 24583560 TF359 24583590 TF362 24593620 TF366 24593660 TF370 24503700 TF371 24503710 Sewer Rehab for FY09-1 0 Industrial Blvd. And Main Street Capacity Enhancement TRAFFIC Traffic Count Stations Signal Installation - Second Ave and Quintard St Citywide Traffic Count Program Transportation Planning Program Neighborhood Safety Program Traffic Signal Modifications, Fourth and Main and Fourth and Beyer Traffic Signal Modification, Third and Montgomery Signing and Striping Program Traffic Signal Left Turn Modification Program I 805 Direct Access Ramp East H and East Palomar School Zone Traffic Calming Traffic Signal Optimization Traffic Congestion Relief Program Otay Mesa Transportation System Improvements SR-54 Corridor and Arterial Ops Kids Walk and Bike to School Phase 2 Traffic Signal and Streetlight Maintenance Traffic Signal Installation at Albany Avenue and Orange Avenue Traffic Signal Modification at Hilltop Drive and Main Street 108 ~ ",; ~:~;.,!r, 'j!-:;'<~,:J;~~' 1>J4,r", f ;: :';'~;~';i:,:'~r -:"". ~;~~.~-nde ~:,F!a~g'.9,:~ Ge nera I'Fund ;Resc rYe ,(millIons)' ,'j~;~r::'\:,:Budget'.,r,ProJected Resero.es - July 1,2008 S 9.3 S 9.3 Re\€nues & Transfers In ! 143.3 140.1 Expenditures &'Transters Out .--r"----{T43.3)' "(T4b.i3) ~.3!~:::!ed ~~_~~~~~~dl?~~_cit __"~""~.."_... .."_.L~ (0.~2 Projected DSF Deficit IS (1.7) Total Projected Deficit I $ (2.2) , ---1---- -- -~-- Balancing Options R'iJi\"'Loan -R-epaymenl"------.-.------..---.. ij\'Orke;rsCOmpF"unding Reduction-' Equipment Replacement Fund Reduction Total Balancing Options Deficit Fund Balance as of June 30, 2009 Percentage of Operating Budget $ 0.9 - 'ji----07 $ 0.6 1$ 2.2 1$ 9.31 $ I I i$ 9.3 6.1%' 6.1% :~\~ 1 Property Tax Delinquency Rate 4.5% . 4.0% . 3.5% . 3.0% . 2.5% . 2.0% 1.5% . 1.0% . 0.5% . 0.0% . FY98/99 FY01/02 FYQ4/05 FY07/08 2 General Fund . $120,000 for hourly Code Enforcement staffing for the Residential Abandoned Property Program . $1.2 M for Public Liability Expenditures . $250,000 for Services provided by County Registrar of Voters . No Impact to the General Fund Reserves Redevelopment Agency . $900,000 for Loan Repayment to the General Fund ~ .) . Continued drop in major revenue sources - Sales Tax Revenue . Presentation by Doug Jensen, MuniServices - Property Tax Revenue . Presentation by David Butler, County Assessor - Motor Vehicle License Fees City versus County Overall 990 1992 1994 1996 1998 2000 2002 2004 2006 2008 -- County Overall r 4 --==:===~---------=--~~-~-~- --~-' - 'III ,-JilJlt " FY 2008-09 vs, FY 2009-10 6% . 4% . 2% 0% . ,-" .r !m 'CD 'Ill -2% -13 to ,0 :g ;;::1- !o.;' -4% [~_-!~ -6%. !(D. :',;" -8%. Source: County of San Diego, preliminary estimates Fund deficit Salary concessions Elimination of management/prof COLA Elimination of CVEA & WCE COLA POA/IAFF COLA deferral POA Retirement Medical Trust Departmental consolidations Mayor & Council Dept budget reductions Reduced energy costs for street lights Elimination of management's 401{a) program Budget Reduction Plan General Fund Budget Surplus $ 390,000 $ 1,900,000 $ 1,904,000 $ (286,800) $ 500,000 $ 252,000 $ 100,000 $ 160,000 $ 15,123,000 $ 73,300 5 January 2006 January 2007 4% 2% 3% 3% 3% July 2007 0% 2% 0% 0% 0% 2008 4% 4% 4% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 1% 0% 0% 0% 0% 1% 2% 0% 0% July 2011 0% 0% 0% January 2012 0% 0% 0% July 2012 0% 0% 0% January 2013 1% 1.5% 0% 0% 0% Total Increases Jan 2006 - Jan 2013 25.0% 24.0% 10.0% 6.0% 6.0% Average Increase per year 3.1% 3.0% 1.2% 0.7% 0.7% (11 CVEA employees could receive increases up 10 4% in Jan 2011 and Jan 2012 based on a benchmark market study (:>)Professional and Mid Managers salary subjecllo meet and confer ~tmf.'/';smy<'l~':,/ITW;ir::~~;'T.;' Revenue Adjustments Property Tax Revenue - AV & delinquencies $ Vehicle License Fees - AV & drop in vehicle sales $ Sales Tax Revenue $ Reduce citywide overhead $ Transient Occupancy Tax $ Business License Tax $ Franchise Fees $ Program and other revenue adjustments $ RDA loan repayment $ Total Revenue Adjustments $ (1,638,700) (1,041,500) (806,400) (614,100) (200,000) (142,300) 273,900 461,000 2,012,700 (1,695,400) 6 Expenditure Adjustments Personnel Services Adjustments Animal Shelter Funding Unemployment Insurance Nature Center funding Medical Costs (Early Retirement Program) Third Avenue PBID Department Expenditure Adjustments Reduce Public Liability Expense Eliminate Vehicle Replacement Salary SavinQs Total Expenditure Adjustments $ $ $ $ $ $ $ $ $ $ $ (628,000) (404,400) (305,000) (218,000) (128,400) (120,000) (56,700) 200,000 1,169,700 2,112,900 1,622,100 Beginning General Fund Surplus Total Revenue Adjustments Total Expenditure Adiustments Projected General Fund Surplus/Deficit $ 73,300 $ (1,695,400) $ 1,622,100 $ 7 30% 25% . 200/0 -.------~.".-.----------..------- ----...---__ I\i :\ ~t It; +, , " ~ 1\, r,~ ~ ~-; , ;1' j "f' i\, , , .' ~ t :"11 I " h ,,' ~ d 8% ;:. Yr -~ , t "I. ., , r ;~ Hi '" 1. j;' 'R , , -. 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 Council 8% Reserve Policy approved in 1996 Revised policy to be presented to Council as part of the Fiscal Health Plan Total Dept Net Cost: $92.5 million Public Works Recreation $12.2 $2.7 13% 3% Library $4.8 5% Council/Clrkl Atty/Admin ~ $5.3 6% ITS ,.....-$3.0 Y 3% Resources .--------- Human Police $37.8 41% ~ Finance ". $2.1 ~ 2% Planning & Animal Care. Bldg Facility $0.9 $1.6 1% 2% $2.2 2% 8 , FY 2008-09 Adopted Budget Budget Reduction Plan Budget Reduction Positions Restored Mid Year Adjustments FY 2009-10 Budget Development Proposed FY 2009-10 Staffing 1,109.50 (111.50) 4.00 (6.50) 3.00 997.50 r- ~~,j;~~' Redevelopment Recreation & Nature Center Planning & Building Library Administration Human Resources Engineering Finance ITS City Attorney City Clerk Public Works City Council Police Fire Animal Shelter CBAG Housing CITYWIDE TOTAL ~1!i~~7'p_jcil1~ 14.00 (4.00) (5.00) (9.00) -64% 43.25 (4.75) (13.50) (18.25) -42% 91.50 (33.00) (5.50) (38.50) -42% 68.75 (18.00) (10.50) (28.50) -41% 28.00 (2.00) (9.00) (11.00) -39% 25.50 (5.00) (4.50) (9.50) -37% 74.00 (21.50)' (4.00) (25.50) -34% 33.50 (8.00) (3.00) (11.00) -33% 28.00 (4.00) (500)' (9.00) -32% 14.00 (2.00) (2.00) (4.00) -29% 8.50 (1.00) .. (1.00) (2.00) -24% 260.00 (18.50) (23.50) (42.00) -16% 15.00 (1.00) (1.00) (2.00) -13% 364.50 (25.00)' (20.00) (45.00) -12% 152.00 (17.00) (17.00) 11% 22.25 (2.00) (2.00) -9% 17.00 3.00 3.00 18% 4.00 3.00 3.00 75% 1,263.75 (160.75) (107.50) (268.25) .21% 9 I~_k~n~~"~.:';>_'l (MO) (4,00) (14,00) (16,00) (99,75) VOO) (4,00) (7,00) (UO) SENIOR MANAGERS EXEC MANAGERS PROFESSIONALS MID MANAGERS CVEA WCE CONF POA IAFF MAYOR & COUNCIL CITYWIDE TOTAL 48,00 2MO 85,50 64,00 60925 37,00 31,00 247,00 112,00 5,00 1,26U5 (160,75) (1 LOO) (5,00) (16,50) (5,00) (56,00) (2qO) (2,00) (10,00) (107,50) (19,00) (9,00) (30,50) (2UO) (155,75) (9,00) (6,00) (nOD) (1,00) (268,25) -40% -36% -36% -33% -26% -24%1 -19% -7% -1% 0% -21% City of Chula Vista Staffing (FTEs) Compared to FTE's per Thousand Residents 1,250 1,000 750 r_f; UJ ... u. 500 250 ,~ o )' .,' ;, ": , ,:." FY2003- FY2004- FY2005- FY2006- FY2007- FY2008- FY2009- 04 05 06 07 08 09 10 =Tolal FTE's -+- FTE's/1 000 " 6,0 , 5,5 0 0 , 5,0 ~ ~ u 4,5 W ... u. . - 4.0 3,5 10 Reduced Patrol Staffing - Elimination of 4 Peace Officer position - Elimination of Patrol Community Service Officers - Staff reductions negatively impact response times Elimination of K-9 Program - Holding one K-9 Peace Officer position vacant in lieu of eliminating program entirely - With most recent reduction, program has lost 33% of program staffing Implemented Partial Implementation, No additional budget impact Reduced Patrol Staffing - Commercial Enforcement - Reduced already limited clerical support Reduced Investigations Staffing - Eliminated dedicated Auto Theft and Identity Theft detectives; work to be reassigned to general detectives - Eliminated CSO assigned to Sex Registrant program, work reassigned to detectives - Eliminated Latent Print Examiner, will create further backlog Implemented Implemented 11 Police Community Relations Program - Original proposal eliminated program, grant funding will restore two positions - Eliminated one Community Relations Specialist Implementation in progress Fire Cross staffing of the Urban Search and Rescue vehicle - Decreased specialized rescue capabilities and coverage - Fire risk response due to station seven district not having an apparatus with fire attack capabilities - All districts will be affected since one more Engine will be required on all Structure Fife calls because of the absence of USAR 53 - Longer response times due to one less unit being available for coverage on second and third calls for service Implementation in progress 12 Eliminated middle school program Implemented - Middle school program served approx. 130,000 kids per year at six sites - Served at risk youth - Eliminated diversion programs Reduced Senior Services Implemented -Approx 106,500 seniors helped annually - Elimination of Senior Information and Referral program - PrevIous budget reductions reduced hours of operation at Norman Park Senior Center to five days per week, 8am to 4pm - Reduction in overall staffing supervision Closure of Nature Center - FY 2010 budget includes limited operating budget with no public access - Department continues to work with Friends of the Nature Center to finalize transition to non profit status Reduced staffing at Recreation Centers - Closing Montevalle, Otay and Veteran's Recreation Centers on Sundays (Effective July 5) - Elimination or reduction of fee-free, health & wel\ness programming, and drop-in activities - Reduction in six full time positions (20%) and reduction of part-time staffing by 51% Implementation in progress Implementation in progress 13 Recreation Eliminated Therapeutics Programs - Approximately 2,000 participants per year - No dedicated inclusion programming Implemented Transfer of STRETCH and DASH programs - 7 STRETCH and 22 DASH sites - Approximately 3,000 participants annually - Elimination of 5 supervisory and over 150 part-time hourly employees Implementation in progress .~. Library Reduced funding for branch operations - Reduces 26 hours of operation per week of operation at all three libraries - Limited children's and teen programming including Read Story-times, Bilingual Pajama Story-times, and crafts - Reduction in computer support for public computers - Elimination of adult programming including English as Second Language classes - Since FY06-07, staffing has been reduced by approximately 42% while attendance has increased 21% Implementation in progress ]4 I Eastlake - Current I Closed 10-4 ; ! Closed 10-4 I I I I IClosed :3:30-8 :3:30-8 3:30-8 3:30-8 iClosed i3:30-8IClosed 3:30-8 Closed, Eastlake - New 24 New hours of operation vvill require modified holiday weekend schedules during FY09/10 to reduce costs 15 Reduced Street Maintenance Staffing Implemented - Delays in removing litter, trash pick up, and in repairing signs - Reduced street repair staffing -Increases response times to public complaints and inquiries - Street lane miles have increased by 17% since 2000 Reduced Park Maintenance Staffing Implemented - Reduced restroom cleaning, mowing and trash pick - 54% increase in park acreage since 2000 - 28% drop in gardener staffing since FY 07 15 Reduced Urban Forestry Staffing Implemented - Delay in responses to public complaints - Reduced tree trimming and pruning Development Services Reduced Advanced Planning Staffing Implemented - Otay Valley Regional Park - Historic Preservation Program - Reduced clerical support Reduced Sign Enforcement - Staff time redirected to support mobile home inspection program ~"!II=!i~ Support Departments Reduced Staffing in Support Departments Implemented - Delays in responding to internal and external customers - Elimination of specialized legal advice in certain areas i.e. Labor and Personnel - Reduced general legal experience level providing advice and support - Delays in meeting state mandates, such as campaign statement review - Delays in preparing City Council minutes -Increase in resolution times for non-critical computer support issues - Delayed implementation of additional e- government applications 16 Support Departments Reduced Staffing in Support Departments - Delays in recruitments - Reduced ability to proactively address employment liability issues - Delays in processing purchase orders and vendor payments - Limited staff time to pursue grant funding and other new sources of revenue - Elimination of CV Connect - Delays in updating the City's website - Reduced counter hours - Reduced staffing by 31 % since FY 2007 Implemented (;1=l.J;!@3.~Jl~~!;l'11w3J€m.~,'{b. Development Services 8:00 - 5:00 Human Resources 8:00 - 5:00 8:00 5:00 w..:Wi!I~.l 10:00 - 4:00 10'00 - 3:00 8:00 - 4'00 17 . City Hall closed to public on Fridays . Evaluate cost savings of flexible work schedules . Earlier Council Meetings (4:00 pm) Reduce number of Boards and Commissions . Transition GMOC to a two-year cycle . Council subcommittees to meet during normal business hours . No new major work assignments or projects without corresponding reduction in current workload . May 26 City Manager Proposed Budget submitted to Council . June 4 Council Budget Workshop . June 16 Recommend Council adoption of Proposed FY 2010 Budget . July Begin fee reviews and overhead allocation . August Begin zero base-budget process & prepare for FY 2010-11 budget 18 Item 14 THERE IS NO BACK-UP MA TERIAL FOR THIS ITEM Thank you for your patience. ~\A.T'lcl\ \JO~ U\"O\\'\,~()Us. ~L~ ~\G'\C~ vest:> h,,:,,<ol'> '0:>" 5/1d/t>'" f-WFrJ.a., . Added l-/e.YY) / ~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDlTIONAL LOCAL PROPERTY TAX AND IN-LIEU TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA WHEREAS, the current economic crisis has placed CltlCS undcr incredible financial pressure and caused city officials to rcopen 'already adopted budgets to make painfiJ! cuts, including layotl's and furloughs of city workers, decreasing maintenance and operations of public facilities, and reductions in direct services to keep spcnding in linc with declining revenues; and WHEREAS, since the early 1990s the state government of California has seized over $8.6 billion of city property tax and in-lieu tax revenues statewide to fund the state budgct evcn aileI' deducting public safety program repayments to cities by the state; and WHEREAS, in FY 2007-08 alone the state seized $895 million in city property taxes and in-lieu taxes statewide to fillld the state budget after deducting public safety program payments and an additional $350 million in local redevelopment funds were seized in FY 2008-09; and WHEREAS, the most signilicant impact of taking local property taxes and in-lieu taxes has bcen on the quality of public safety serviecs cities can provide since public safety comprises the largest part of any city's general fund budget; and WHEREAS, the taking of local property taxes and in-lieu taxes by the state has also impacted the City's ability to provide recreation, library, public works maintenance, and other public services; and WHEREAS, in 2004 the voters by an 84% vote margin adopted substantial constitutional protections for local revenues, but the legislature can still "borrow" local property taxes and in- lieu taxes to fund the state budget; and WHEREAS, on May 4 the California Department of Finance announced it had proposed to the Governor that the state "borrow" over $2 billion in local property taxes and in-lieu taxes from cities, counties and special districts to balance the state budget, causing deeper cuts in local public safety and other vital services; and WHEREAS, the impact of the state's "borrowing" on the City of Chula Vista would be approximately $4.3 million; and WHEREAS, in the past the Governor has called such "borrowing" proposals tiscally irresponsible because the state will IInd it virtually impossible to repay and it would only deepen the state's structural defie;t, preventing the state ti"OI11 balancing its budget; and Resolution No. 2009- Page 2 WHEREAS, the Legislature is currently considering hundreds of bills, many of which would impose new costs on local governments that can neither be afforded nor sustained in this economic climate; and WHEREAS, state agencies are imposing, or considering, many regulations imposing unhll1ded mandates on local governments without regard to how local agencies will be able to comply with these mandates while meeting their other responsibilities; and WHEREAS, the combined ct1ccts of the seizure of the City's property taxes and in-lieu taxes, increasing unfunded state mandates, and the revenue losses due to the economic downturn have placed the City's budget under serious fiscal pressure; and WHEREAS, our city simply cannot sustain the loss of any more property tax or in-lieu tax lunds or be saddled with any more state mandates as they will only deepen the linaneial challenge facing our city; and WHEREAS, a number of the City's financial commitments arise 1\'0111 contracts, including long term capital leases and debt obligations which support securities in the public capital markets, that the City must honor in full unless modiJied by mutual agreement of the parties. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does bereby adopt a resolution finding tbat a severe liscal bardsbip will exist if tbc recommendation of the California Department of Finance to "borrow" $2 hillion of local property taxes and in-lieu taxes is implemented by tbe Government and tbe Legislature; and RESOL VED FURTHER, that tbe City Council strongly and unconditionally opposes tbe May 5 proposal of tbe California Department of Finance and any otber state government proposals to borrow or seize any additional local funds, including property tax, redevclopment tax increment, in-lieu property taxes, and the city's share of the Proposition 42 transportation sales tax; and RESOL VEl) FURTHER, tbat tbe City Council strongly urges the state legislature and Governor to suspend tbe enactment of any new mandates on local governments until sueb time as tbe economy has recovered and urges tbe state to provide complete lunding for all existing and any new mandates; and RESOL VEl) FURTHER, tbat tbe City Clerk sball send copies of this resolution to tbe Governor, our state scnator(s), our state assembly member(s), and the League of California Cities. Presented by Approved as to form by PROPOSITION FOR FAIR AND OPEN COMPETITION ORDINANCE The people of the City of Chula Vista hereby declare and ordain as follows: SECTION L Statement of the People's Intent (a) The People ufthe City of Chula Vista ("the People") desire fair and open competition for public works projeces that are paid for. in whole or in part. with the funds of the City ofChula Vista ones Redevelopment Agency. (b) The People believe fair and open competition enables government to expand the pool of qualified candidates to perfonn work and. in [urn, to save public funds by loweiing the cost of public works projects. The people likewise seek to remove limits or impediments to the consider.lion of qualified parties to workon public projccts. (c) The People believe fair and open competition creates more local jobs and improves Chula Vista's economy, and provides equal opportunity for all workers. bOth union and non-union. (d) The People believe public money should be spent only on public works projects that allow fair and open competition. ! e) The People intend the following Proposition to amend the Municipal Code of the City of Chuln Vista. as follows: . SECTION 2. Chula Vista Municipal Code, Title 2. "Administration and Personnel" is amended by addln2'Chl\pter 2.59, to read liS follows: . Chapler 2.59 Fair and Open Competition in Contracting 2.59.010 Purpose and,lnteri.t- T~e porpose and intent of this chapter is to esta1?lish crit~ria that will ensure fair and open competition for public w,orks projects funded in whole orinpa,rt with publicfllndS;.to aid in lowering the cost of public works projects: and to ensurc lliat all workers, both union and non-uriiori;'tiaveHitir and'eqWil opportunity to work on public works projects. 2.59.020 Definitions For purposes of this Chapter, the following definitions shall apply: "Act" shall mean the National Labor Relations Act, Title 29 USC ~~ 151 -169. "City" shall mean and include both the City of Chula Vistll and the Redevelopment Agency of thc City of Chula Vista. "Contracting party" shall mean and include an owner. developer. contractor, subcontractor.or.matcriaI supplier. involved in a public works project. "Labcrorganization" shall have the same meaning ascribed to it in Section 2 of the Act (29lJSC~ 152) "Public works project" shall mean and include all consnuction projects paid for. in whole oriD pan, by the funds of the City or the Redevelopment Agency. including but not limited to any building, road, street, park, piayground, water system. irrigation system, sewer, storm water conveyance system. reclamation project. redevelopment project. or other public facility. 2.59.030 Requirements fo'r' FaIr' ;lDd Open Competition In Contracting In contracting for the construction. maintenance, repair. improvement or replacement of public works projects; (a) The City shall not fund, in whole or in part. or enter into, any contract which contains a requirement that a contracting party: ( I) execute, comply with. or become a party to an agreement hetwcen a Labor organization. on the one nO hand. and the City. the Contracting Party. Or!lOY third party on the other: ~ ~ (2) become a signatory 10 a collective bargaining agreement; 00 (3) be required to make payments on behalf of employees to union benefit plans or other trust funds: r- <1 , ~n (4) require its employees to be represented by a Labor organization; or Xl::c (5) encourage or discourage employees of a contracting party to have representation'by a Labororganization~;;;' (b) The City shall nOlI mpose. as a bid specification, contract prerequi site. contracttcnn or otherwise, any requiremerb :r> prohibited by subsection (a) of this Section. ~ <: (e) Nothing in this Section shall be construed as prohibiting private parties covered by this provision from entering into;Uu:lividual collective bargaining relationships. or otherwise as regulating or interfering .,.ith activity protected by applicahle law, incllidi-,j'g bu not limited!o the Act. (d) Any person aggrieved or injured in any way by a violation of this Section shall be entitled to injunctive relief in the Superior Court of the State of California. County of San Diego. including hy way of an action filed pursuant to California Code of Civil Procedure section 5200, SECTION 3. Effective Date To the e~tent permitted by law. the provi,ions of this Chapte.r 2.59 shall bt:colUe effective 10 days afterthc vote is declared by the Chula Vista City Council. as provided by California Elections Code ~ 9217. Contracts awarded before this effective date and subcontracts awarded porsuant to such contracts, whenever awarded. shall not be governed by this ordinance. SECTION 4. Amendment; Repeal This ordinance may be amended or repealed only by a majority Vale ofthc voters of the City ofChula Vista. SECTION 5. Severability If any Section of this Proposition. or any provision contained in this Proposition, is held by a court of law to be invalid, or is superseded by a numerically superior vote as provided in Section 6 of this measure. the remaining Sections and provisions oflhis Proposi tion shall not be affected but shall remain in full force and effect. and to that end the provisions of this Proposition are severable. SECTION 6. Conflicting Measures If any other measure, appearing on the same ballot as this measure, addresses the same subject matter in a way that conflicts with the treatmevt of the subject matterin this Proposition, and if each measure is approved by a majority vote of those voting on each measure. then as to the conflicting subject malterthe measure with the highest affirmative vote shall prevail. and the measure with the lowest affirmative vote shall be deemed disapproved as to the conflicting subject m"tter. /(P --I g :r.J ::3: II] = = (") Pi w """.", v p'] N c;: N ~ \I.c ., ~BC A.~I.tod Builder. and Contractors, Inc. 13825 Kirkham Way Poway, CA 92064 858/513.4700 voice 858/513.2372 fax www.abcsd.org San Diego Chapter Council f\lcmbcrs, ~Ia)' 12. 20()<) As presiJel1l of the AssocinteJ l\uilJers nnJ Contrnc!ors of Snn Diego, Inc., n! 1.,H25 Kirkhnm Way in Poway 1'111 representing our mClnbcrs who live and work in Chub Vista. I am here to request that you act in the interest of Chub Vista taxpayt'l's. contT:lctnrs anu :11110cal construction workers by placing the Fair ~ltld l)pcn Cotnpcririnl1 in Contracting ()rdinancc on rhe bnllo! for June 201 O. This initiative will make certain that fairness, lower c(]sts to taxpayers and more jobs for Chub Vista arc part of the public contracting process. This measure will ensure that both union and non-union workers and contractors arc equally eligible to cOInpctc and work on Chula Vista's public1y-funlk'u construction projects-nobody is locked out. f\.loI'C than .'\8,000 \'olers have signeu petitions tn place this item on till" ballot. Unforlunfltc!y. till' City Clerk has twice, for narrow technical reasons. n::fusl'd to accept the petitions, thereby prcycllting the people from voting on this measurc. In this she SlTms to bl' accepting the ad\'icl' of San Francisco based attorneys representing construction labor unions. Currently, City Clerk Donnn Norris is holJing more Ihall 23,()()() signatures of Chub Vistn voters who asked for a special dection this year. These peopk' want to \'ote on this matter. \'\Il' havl' fileu our lawsuit in federal court to rCtluire het' to rclcasl' the signatures 10 the registrar of \"oters for \'erificati(Hl. 1\$ to our case, for most of the 20th Cl'lltllry, California applicu a "local circulator" law to municipal petitiolls. Under this law. only a Chula Vista citizen can circulate a petition in Chula Visl:l. Howc\'er. in 1999. the U.S. Suprcme Court stnlck down a siluilar "local circulator" law in Culnrauo and since then "lncal circulator" laws han: been struck down across thl' COUtHf\' anu in California. The Court found that since only local voters can sign the petitinn, it is irrekTant who circulates. Since petition circulation is a fOrIn of free speech, the state cannot restrict who makes this speech without c()mpclling l'eas<)t1S The clerk relics on :l related law that was couified in the 1920s that we call t11l~ "name the citizen" rule. This law fl'<-luires a local citizen 10 sib'11 a statement that he "inlenus to circulate" a petition before he starts circulating. This citizen's name anu statement arc puhlisht'd in a newspaper and pnnted on cach petition and fik'u with the Clerk. This ga\'C people the chance to dctt'nnine if the circulator was a true "locaL" ()nce the "local circulator" rule was uccl:ued unconstitutional, lilt.. "name the citizen" rule should have fallen. In 1987.lwfol'e the local circulatol' nIle was knocked out, a Nurthern California Coun lookeu al a sin1ibr issue. That Court held that the public has a right to know who the "tfUC a<.kocates" of a pcririon arc so the~' can liSt.' that information to tnakc their choices. They cite (he need for the "paid for by" language on political aun:rtising. To cOlnply with this case, we prinreu on l'\'er~' pctition "pniJ for by the Chub Vistn Citizens for .lobs nnJ Fnir Competition major funJing bl' ABC" because we lInderSI()()U the "true a<.h'ocat'es" to be the people who paid for the circulation. Your ABC Merit Shop Contractors - Building America, Building Better Lives! ck-rk argues that" th~ "true ath-ncale" is the original citizen. not the group who pays for the circulation. \"/r think this is Inisreading this case. \,\/e think the case says "follow the money" to find the true nth-ocate of a petition. \\/e did not print the nnml' of the original citizens on every petition because they did not want thcir namcs published in that way :lnd \\'e knew this "name the citizen" stntement was a remnant left over from the discreditl'l.llocal circulator rule, It is not l'Yen required for statewide petitions, ()b\'iously, we WlTl' surprise when the Clerk rejected our 23,000 signatures because we did not "nan1C the citizen" on nul' petition. This rnakes Chub Visl:l the FIRST City 10 try to enforce the Hnan1C the Citizen" rule since the "Local Circulator rule" was declared unconstitutional. To resoh'c this, Wl: have turned to a federal ci,'ilrights law firm thm showed us that the "name the citizen" rule cannot stand lip under federal constitutional law because pcople have a right t'O anonyt11oUs political speech. 1\ City cannot force its citizens 10 put their nameS on documents that criticize the City go\'ernment. 11 is free speech. If you could il11,prJse this rule, Y(IU wcmld have tl) try to punish everyone in the blogosphere who uses a false name. You would hnvt~ to make reporters di~close their ~()UrCl'S. \\le all know you (:1I1't do that - likewisl~ you cnn't force a citizen who wants to circulate a petition to disclo~e his or her identity. This is e"en clearer in our caSe. \,\/e disclosed the political committee circulating the petition and the l11ajor fundt..'r of the petition, ()ur ci,"il rights finn loves thc C:lse anu bclie"l's it has legal merit, If it wins, we will b~ :lble to reco,'cl' our attorney's fees frol11 you. In fcueral Coun the plaintiffs get their nttol'ney's fees when they win ciyil rights suits. \' ou will pay your own allornc)' fees plus you will pay the cost of the special election. \,/e arl' corntnitted to a public \'cHe on this ml'asurc and \\.ill achil','e this objective through the courts or through petition process. Just in case the Court process takes too long, Wl' arc currently un the street with mon' signatures to foro: aJune 2010 election. So either way. we will get this on ('I'll' ballnt. It docs not, to us, scem like reasonable beha,'ior on your pan to incur upwards of S900,OOO in coSts for legal fees and a sPl'cial e1cction when you (<In :lvoid all of that by placing this on the b:lllot )'oursdvcs. As I said, one way or another, the peopk'. arc going to havl' the opportunity to dt..'Clde for themsd\'es about t"his proposal. "'e understand why 1.o[(:na Gonzalez and Ton1 1..el11111on and their Labor Union Attorneys behave this way. The)' oppose f:lir and open cotnpetition and know the~' can't win at the Plllls. Research shows that over 70'Yc, of yout' conSUI"uents \\,ant both union and non-union workers to be abk to competc fredy for public works projl'Cl:-. Howcver, we arc concerned about ,he cost of to taxpa~'ers, For I"h:II' rcason we urge you to avoid thl' cost of expen:-ivc litigation, anti the potential cost of a spccial election, by acting today to plnce this measure before the voters. 'IlK' choice before you is clent'. Act today to protect the rights of peti60n sibrt1Crs anti Chula Vista taxpayers by pbcing this t11t.':lSU1"l' on the ballot, or waste hundreds of thousands of taxpayer dollars in a misguided attempt to block vOlers' rights to h:we a say on a measut"t' which willl:vl'ntually con1e bL'forl~ them anYW:1\', If \'ell! m:lkc rhe decision tonight to put the item on the June 2010 ballot, you can guarantee that YO~lr litigation costs will be %et'o. HOWe\Tf', if you decide to 11)o,'e forward to defend YOUI' "l1a111l' rhl' citizen" rule in federnl cnurt, it will gel \Try expcnsi\T \.L'f}' tluickly. Plus. when Wl' win you will be ordered to pay our attorney fees, and you will have the Cost of a sPl'cialekction. '{Otl fire gmnbling with a lot of the public's Ill()nc~' here. \V/e havc 38,000 people who W:llll to vote on this m~Htcr. Tonight is your last chance to h:l\'C any cnntro} over when that election takes place !t-'s time to move fnnvarc.l. Let the people decide. ge President and CI:.:O l\ssocialed Builders find COl1traCfol"S of San Diego, ".~~ :~~'. '''''.'' " ". E .~; ,.;-~,.._.:~_.:"" ;"" .s::- /1.,;)/09 jJ /7 "" ~ .~~ '"sm~t"'\~ Healthy Outdoor Dining f~ by P;of)!l1i This is a Smoke Free Open Air Dining Patio Ordnance Number ##### ~\\~~~s {. ' , ~0;'2~ \\ ~"""2!)" i '. fl' / ~ , "" ~//,,~q;; -- smo\\t"" Healthy Outdoor Dining r~by.pfQp&9 Smoke-Free Perimeter: No Smoking Within 50 Feet of Open Air Dining Area Ordinance Number ##### Mr. Mendoza Public Comments 5/12/09 /1)1. /YjeA/p02/}- Honorable Mayor, honorable council member's AMi ~I?,1AJ~~ Congratulations are in order to the Chula Vista Police Departments Special Investigation Unit 6)'I..J.jtJ'l for its fine work in cooperation with the Los Angeles Sheriffs Department that led to the sentencing of Bertha Bugarin'to 6 years 8 months in prison. The residents ofChula Vista should be especially grateful for the diligence of Detective Mike Varga and Sergeant Dale Bourgeois that led to the arrest and conviction of Mrs. Bugarin. Bertha Bugarin was the owner of a Medical Clinic chain called "Clinica Medica Para La Mujer De Hoy". She had clinics in Los Angeles and one here in Chula Vista. Mrs. Bugarin was convicted of performing medical procedures with out a license. The story of Mrs. Bugarin and her clinics have been featured recently in various print and television media. The San Diego Reader featured her story in the February 19th edition. The article and California Medical Board Records indicate that these clinics were a haven for doctors cited for gross negligence, substance abuse and sexual misconduct. Mrs. Bugarin became desperate as the doctors who worked for her lost their licenses or left the I clinics to avoid lawsuits. She decided to pose as a doctor and perform medical procedures herself. We witnessed her going into the clinic when no doctors were present. .- While Mrs. Bugarin was being processed through the legal system a financially bankrupt doctor ')' claimed to be the new owner ofthe clinic. He was on probation with the medical board for various acts of gross medical negligence, his license was eventually revoked. The clinic shut down for several months but then reopened with the same phone number but a different name. The doctor currently at this clinic is, not surprisingly, on 5 years probation with the medical board. His probation stipulates that he is prohibited from the solo practice of medicine. That means he is not to be in the clinic without another doctor being present. Yet no doctor except for him has been seen to enter the clinic. The Medical Board put this doctor on probation for various reasons including gross negligent acts that caused harm to patients including one newborns death, making false statements to cover his negligent acts, altering medical records to cover his negligent acts, scaring patients into unnecessary surgeries and having sex with a patient in his office. . Would a clinic like this be tolerated in La Jolla or Del Mar? We think not. Why is it being tolerated in an area of Chula Vista with primarily Hispanic residents? This situation can be remedied by an ordinance requiring that a doctor who wishes to open a clinic have admitting privileges at a local hospital. Currently eleven states and one county have enacted such ordinances to protect their residents. Please honor your duty of protecting the residents of Chula Vista. Thank You. Luis Mendoza 619-300-5563 .. Contact Info for Dr. Andrew Rutlands Probation Violation Investigation California Medical Board Investigator: Dominic Coluso Phone: 714-247-2133 License Holders: Page I of3 Medical Board of California Licensee Name: License Type: License Number: License Status: 2005 Evergreen Street, Suite 1200 Sacramento, CA 95815 Consumer Information Line: (916) 263-2382 Physician Information ANDREW RUTLAND, MD PHYSICIAN AND SURGEON G24947 LICENSE RENEWED & CURRENT Public Record Actions: LIMITS ON PRACTICE PROBA nON JULY 09, 1973 MA Y 31, 2009 177] WEST ROMNEY A DR STE A ANAHEIM, CA 92801 ORANGE Original Issue Date: Expiration Date: Address: County: Public Disclosure To find out what information is and is not available, please click here. Ifinformation is posted in the Administrative/Disciplinary Actions or Administrative Citation Issued categories below, documents may be available for review. Please click here to search the public document database. Administrative/Disciplinary Action The Medical Board's public disclosure screens are updated periodically as new information becomes available. Please contact the Central File Room at (916) 263-2525 or at 2005 Evergreen Street, Suite 1200, Sacramento, CA 95815, to obtain a copy of public documents at a minimal charge. Case Number: 20 2006 176260 Description of Action: LICENSE SURRENDERED ON 10/24/02; LICENSE http://www2.dca.ca.gov/pls/wllpub/WLLQRYNA$LCEV2.Query View?P _LICENSE _ NUM... 4/9/2009 . License Holders: Page 2 of3 Effective Date of Action: REINSTATED AND PLACED ON FIVE YEARS PROBATION ON 10/25/07 WITH VARIOUS TERMS & CONDITIONS. DR. RUTLAND IS PROHIBITED FROM ENGAGING IN THE SOLO PRACTICE OF MEDICINE. OCTOBER 25, 2007 Administrative Action Taken by Other State or Federal Government No information available from this agency. Felony Conviction No information available from this agency. Misdemeanor Conviction No information available from this agency. Administrative Citation Issued No information available. Hospital Disciplinary Action No information available from this agency. Malpractice Judgment No information available from this agency. Arbitration Award No information available from this agency. Malpractice Settlements . No information available from this agency. Note: "No information available from this agency" may not indicate none exists; but indicates no information has been reported to the Medical Board of California and/or that the Board is unable to post the information on the Web site by law. Education Medical School: HOWARD UNIVERSITY COLLEGE OF MEDICINE Year Graduated: 1969 This information is updated Monday through Friday - Last updated: APR-08-2009 All information provided by the Department o.fConsumer Affairs on this web page. and on its other web pages and internet sites, is made available to provide immediate access for the convenience of interested persons. While the Department believes the infrmnation to be reliable. human or mechanical error remains a possibility. as does delay in the posting or updating of information. Therefore, the Department makes no guarantee as to the accuracy, completeness, timeliness, currency, or correct sequencing of the i,?f{>rmatiol1. Neither the Department, nor any o{the sources of the i'?formation. shall be responsible fiJr any errors or omissions, orjiJr the use or results obtained.fromthe use (J{ this information. Other specific cawionary notices may be included on other web pages maintained by the Department. All access to and use (){this wcb page and any other web http://www2.dca.ca.gov/pls/wllpub/WLLQR YNA$LCEV2.Query View?P _LICENSE _ NUM... 4/9/2009 .',' ..- ~ .,,:... -... ;:' '----- BEFORE THE DMSION OF MEDICAL QUALITY MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA In the Matter of the Accusation Against: Physician's and Surgeon's Certificate #G-24947 ) ) ) ) j ) __'_.n ____ __.)._n. ) ) ) Respondent. ) ) Case No: 18-1999-101122 ANDREW RUTLAND, M.D. DECISION AND ORDER The attached Stipulation for Surrender of Physician and Surgeon's Certificate and Physician Assistant Supervisor License is hereby accepted and adopted as the Decision and Order by the Division of Medical Quality of the Medical Board of California, Department of Consumer Mfalrs, State of California. This Decision shall become effective at S:OO p.rn. on October 24. 2002. - - - - -- - - --- --. ~ --'- -.. '. --. _. .._~. .+. IT IS SO ORDERED Sent_bPI 14 7002 MEDICAL BOARD OF CALIFORNIA ~A/~/;J Steven Rubins, M.D. Panel B Division of Medical Qnality '---"' - . ! 1 '----- 2 3 4 5 6 7 THE OBSTETRICAL P A TffiNTS FIRST CAUSE FOR DISCIPLINE (Gross negligence, repeated negligent acts, incompetence) PATmNT K.B. 12. Respondent is subject to disciplinary action under section 2234 of the Code in that he was grossly negligent, incompetent, and/or committed repeated negligent acts in his care and treatment of patients K.B., T.H., and Medical Record No. 365409. The 8 circumstances are as follows: 9 A. On or about July 22, 1999, K.B. went to the Labor and 10 Delivery Unit of the Martin Luther Hospital to have her first haby. She was 33- 11 " ,Y.cilir&'Oklllt:dlll time. She had a history of congenital neurogenic bladdet, and - '" '" 12 ' ' bI!d twoo~.ations as a child for this condition. She had been a patient of ..' t . .' 13 reSpondent's since about June 1999. 14 B. K.B. had spontaneous rupture of her membranes when she '------' 15 came to tbe hospital at about 2:50 am. on July 22,1999. 16 C. Respondent made an admitting note at about 9:00 am. on 17 July 22, 1999, and noted his plan to assist labor with Pitocin. K.B. was dilated 18 about 1-2 em. witb the vertex at 0 sta&ion, and she had variable deceleruUl/IIlI with 19 her contractions. ,t'.," .', 1(:;:),'.:: '. . :, . I 20 21 D. E. K.B. received an epidural at about 11:00 a.m.' K.B. made progress in her labor, and was dilated about 3-4 22 em. at 2:05 p.m. The fetal monitor showed some deep variable decelerations (to 23' 80 bpm) witb the uterine contractions and respondent ordered an amnioinfusion. 24 By 3:47 p.m. K.B. was dilated to 6-7 cm. and still having deep variable 25 decelerations. 26 27 ---- I. Neurogenic bladder means that the bladder is in a state of dysfunction due to lesions of 28 the central or peripheral nervous system. 4 : .--" /"- (' 1 nece~sary. Respondent also increased the danger to patient T.H. and her baby by 2 making multiple punctures with the amniocentesis needle. 3 15. Respondent's care and treatment of Medical Record No. 365409 . 4 constituted gross negligence, incompetence, and/or repeated negligent acts as more particularly 5 set forth in this paragraph. 6 A. Respondent induced the patient in the absence of a vertex 7 presentation. 8 B. Respondent ruptured the membrane with the vertex in the 9 pelvis. 10 11 12 13 14 15 16 17 C. Respondent had the patient push at6 cm when she was _. ; 1l1really.bli..ving decelerations. .'....l .' , D. Respondent failed to perform a crash c-section. Respondent tampered with the medical record by ripping E. out fifteen minutes of the fetal monitor strip. SECOND CAUSE FOR DISCIPLINE 16. (Making False Statements) Respondent is subject to disciplinary action under Code section 2261 in 18 that he made false statements regarding his care and treatment ofK.B.,T.H., and MediCal Record 19 No. 365409. The circumstances are as follows: ., . ."~' <'.:: 20 A. PlIllIlP'IIPh 11 of this Accusation is incorporated by 21 reference and is hereby realleged as if set forth in full. 22 PATIENT K.B. 23 'B. Respondent charted that he tried to effect delivery when the 24 vertex was at +2, when in fact it was at +). . 25 c. Respondent charted that the nuchal cord was tight, when in 26 fact it was'loose. 27 1// 28 III 13 ,~ D. Respondent's chart notes for July 22,1999 and July 23, 2 1999~ were placed in the chart at a later time, and that fact was not recorded in the ; 3 chart by respondent. 4 E. Respondent's chart notes for July 22, 1999 and July 23, 5 1999, were made from the nurses notes rather than respondent's own recollection, 6 and that fact was not recorded in the chart by respondent. 7 PATIENTT.H. 8 F. Respondent falsely noted in the record that he was 9 performing the amniocentesis for bradycardia, when in fact the amniocentesis was 10 planned in advance. .~ II 12 : 13 14 G: Respondent falsely stated that there was a fetal abruption, ,',;~ \"':t:h,', " "'\' ,:,' ..::,::~~ ~,both clinically and pathologically there was no evidence of ,':,: ",oO' atlfupti'On. ~ MEDICAL RECORD NO. 365409 ' < 15 H. Respondent falsely documented the patient's desires 16 regarding having an AFP. 17 THIRD CAUSE FOR DISCIPLINE 18 (Alteration of Medical Records) 19 17. Respondent is subject to disciplinary action under ~;~:l~:_ho' ~. ' '..' .. \. I ,20 altered the medical records of his care and treatment of K.B. , and Medical ~'i.r~: i6~: 21 The circumstances are as follows: 22 A. Paragraph II of this Accusation is incorporated by 23 reference and is hereby realleged as if set forth in full. 24 PATIENT K.B. 25 B. On or about July 23, 1999. respondent removed his original r 26 chart notes regarding his care and treatment of K.B. on July 22, 1999, which 27 28 III consisted of approximately one-half page. 14 ! r--.. (' c Respondent replaced his original one-half page of notes 2 with)wo pages of notes he wrote directly from the nurses notes, 3 MEDICAL RECORD NO. 365409 4 D, Respondent removed fifteen minutes from the fetal monitor 5 strip from the patient's records, 6 7 FOURlH CAUSE FOR DISCIPLINE (Failure to maintain adequate records) 18" Respondent is subject to disciplinary action under section 2266 of the 8 9 I 0 Code in that he fiilled to maintain complete, adequate and accurate records of his ClIIC and ! ,.~ _,:. .... ,~\,~~.lIB<l Medical Rcclord No. 365409. The circUlIlSllllK:es are as follows: I ~".:,#>. \; JWtm~1~0(. " .. 12 '. '. ~);~f :ii' ,:~~\,.:t,:,~;~~t ~. ParagrepI1 11 of this Accusation IS mcorporated by .., ... ,- reference'lilld is hereby realleged as if set forth in full. Il 13 14 PATIENT K.B. IS B. Respondent charted that he tried to effect delivery when the 16 vertex was at +2, when in fact it was at + L 17 18 19 20 c. Respondent charted that the nuchal cord was tight, when in fact it was loose. "',, :~ ' t '. ..' .'.....:l...... ..../.: D. Respondent's chart notes for July 22,1999 and, :.I,"~"~~I~ . ,;,)" ~;;~g~ ~..: 1999, _ piactld in tho chart at a !at<< time, and that filet WlI8 not. "., " ii. ~.; ,'N" . . ~ :(\\"\"" . . . ~ " 21 chart by respondent. 22 E. Respondent's chart notes for July 22, 1999 and July 23, 23 1999, were made from the nurses notes rather than respondent's own recollection, 24 . and that fact was not recorded in the chart by respondent. 25 F. On or about July 23, 1999, respondent removed his original 26 chart noteS regarding his care and treatment of K.B. on July 22, 1999, which 27 28 III consisted of approximately one-half page. 15 r'-. G. Respondent replaced his original one-haIf page of notes withJwo pages of notes he wrote directly from the nurses notes. PATIENT T.H. H. Respondent falsely noted in the record that he was performing the amniocentesis for bradycardia, when in fact the amniocentesis was planned in advance. /. Respondent falsely stated that there was a fetal abroption, when in fact both clinically and pathologically there was no evidence of abruption. MEDICAL RECORD NO. 365409 .:;..~~:~,' . ,.. J. . ~p~m1die patient's records. Respondent removed fifteen minutes from the fetal monitor K. Respondent falsely docwnented the patient's desires regarding having an AFP. F1FTII CAUSE FOR DISCIPLINE (Acts of Dishonesty or Corruption) 19. Respondent is subject to disciplinary action under section 2234(f) of the Code in that he committed acts involving dishonesty or corruption substantially reIate4 to.the CI', . ,_ duties of a physician and surgeon in his care and treatment of K.B. , T.H. and~'Recordl . -.1,""',._ 365409. The circumstances are as follows: A. Paragraph i 1 of this Accusation is incorporated by reference and is hereby realleged as if set forth in full. 23 24 PATIENT K.B. B. Respondent charted tl)at he tried to effect delivery when the 25 vertex was at +2, when in fact it was at + I. 26 c. Respondent charted that the nuchal cord was tight, when in 27 fact it was loose. 28 III 16 ~ , r"-- I 2 3 SIXTH CAUSE FOR DISCIPLINE (General Unprofessional Conduct) : 20. Respondent is subject to disciplinary action under section 2234 of the 4 Code in that he committed general unprofessional conduct' in his care and treatment of K.B., 5 T.H., and Medical Record No. 365409. The circumstances are as follows: 6 A. Paragraph II of this Accusation is incorpomted by 7 reference and is hereby realleged as if set forth in full. - 8 B. Paragraphs 12, 13, and 14 of this Accusation are 9 - incorpomted by reference and are hereby realleged as if set forth in full. 10 TIlE GYNECOLOGICAL PATIENTS II SEVENTH CAUSE FOR DISCIPLINE 12 -.. (Gross negligence, repeated negligent acts, incompetence) 13 21. Respondent is subject to disciplinary action .under section 2234 of-the ~-, 14 Code in that he was grossly negligent, incompetent, and/or committed repeated negligent acts in 15 his care and treatment of patients S.G., D.M-G., L.M., J.S.M., M.P., B.P., D.S., J.L.M., A. Y., 16 B.R., J.W., M.A., BJ.G., and V.G. The circumstances are as follows: 17 PATIENTS.G. 18 A. Respondent fmlt saw S.G. on November 27, 1996,.at.~ch 19 time an office sonogmm was done and was found to show "? adenom~,'~'lk - ..; -;/ '\ 20 fibroids." Respondent told the patient she had adenomyosis and that sbO Woiild 21 "burst and bleed to death" if she did not have the surgery respondent 22 recommended right away. Prior to the surgery S.G. went to the Red Cross and 23 donated her own blood in case she needed it for surgery. 24 B. - On November 13, 1997, respondent saw the patient for 25 right side-pain and was given options of Lupron or "BSO". 26 r-.... , 27 3. General unprofessional conduct is defined as that conduct which breaches the rules or ethical code of a profession, or conduct which is unbecoming a member in good standing of a 28 profession. Shea v. Board of Medical Examiners (1978) 81 Cal.App.3d 564, 578. 18 " -. 1 B. Respondent failed to treat the patient' s co~plaints with a 2 diagnostic laparoscopy. ; 3 C. Respondent lied to the patient about the extent of he 4 endometriosis, lIS the path report showed a minimal to mild case, not an 5 infestation as described by post operatively by respondent 6 D. Respondent scared the patient into having the major 7 surgery by lying about the true nature of her condition. 8 E. Respondent's work. -up of the patient's urinary complaint 9 was inadequate. 10 35. Respondent's care and treatmc;nt ofY.O. constituted gross negligence, 11 ~~:.~.repeated negligent acts as more particularly set forth in this paragraph. . ),,: I . . , ~~ 12 ! !:\';~\,,:,/:. A. Respondent failed to take Y.O. back into surgery given her --' /" '...:; 13 constellation of post operative signs and symptoms. involving an acute abdomen. . ~ 14 15 B. C. Respondent engaged in sexual relations with a patient. Respondent's work-up of the patient's urine loss was 16 inadequate. 17 18 19 20 21 D. Respondent failed to get an intra-operative surgical consult despite the presence of small dense adhesions of the small bowel. EIOlITH CAUSE FOR DISCIPLINE (Dishonest Acts) 36. Respondent is subject to disciplinary action UDder section 2234(e) of the -.: .;-.;!<::.<. " ,I '~f. " '.. t ~ ..1-i~ .1..:fI .' .\.:" 22 Code in that he committed dishonest acts substantially related to the qualifications, functions, or 23 duties of a physician in his care and treatment of patient 8.0., D.M-O., L.M., A. Y., B.R., 1. W., 24 M.A. and B.1.0. The circumstances are as follows: 25 A. Respondent's records for 8.0. falsely indicate the patient 26 refused a transfusion for the December 1996, surgery during which she lost a lot ------- 27 III 28 III 38 ~ 1. Respondent attempted to scare A. Y. into having the surgery recommended by respondent by telling her she would be unable to have children ; with endometriosis, going so far as to recommend she have children out of wedlock. J. Respondent attempted to scare B.R. into having the surgery recommended by respondent by telling her the condition would turn into cancer and that if she did not have the surgery right away it may be too late. K. Respondent scared J. W. into having the major surgery by lying about the true nature of her condition. L. Respondent scared M.A. into having the major surgery by .</,. .JvirUi~.. . ... lllltureofhcrcondition. l~~:\;,: ':i','~~:Dm.w~'.. {'H';' \f,\!'~"J.' \~';1;.:' "'{L'. "\;;{ ,";'" (\~):: . ,::> '\~'i,,;,'~';:r:.f~~~\,~'M; Respondent lied to the patient about the extent of her :',", ~.,..'"' '.;/. '\'1'. '':. .' endOirii:lri6SiS, as the path report showed a minimal to mild case, not an infestation as described by post operatively by respondent. N. Respondent scared the patient into having the major surgery by lying about the true nature of her condition. NIN1lI CAUSE FOR DISCIPLINE (Failure to Mainblin Adequate Records) 37. Respondeo.t is subject to disciplinary action under Code in that he failed to maintBln "CIIoqi~ recorcIa during his care and patients: D.M-G., L.M., J.S.M., M.P., J.t.M., B.R., J.W., M.A., B.J.G., and V.G. The 22 circumstances are as follows: 23 A. Paragraph 19 (A) through (EEEE) is hereby incorporated 24 by reference as if fully set forth. 25 B. It is impossible to determine the degree to which D.M-G. 26 had pelvic relaxation from the paucity of respondent's clinic note. 27 From the December 15. 1998, sonogram performed on c. 28 L.M. there are six unlabeled images. 40 : . .' ~ , 1 2 3 TENTH CAUSE FOR DISCIPLINE ; (General Unprofessional Conduct) 38. Respondent is subject to disciplinary action under section 2234 of th~ 4 Code in that he committed general unprofessional conduct during his care and treatment of the 5 following patients: S.G., D.M-G., L.M., M.P., A.Y., B.R.,J.W., M.A., and B.J.G., The 6 circumstances are as follows: . ~, 7 8 9 10 Il 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 III (" A. Paragraph 19 (A) through (EEEE) is incorporated by rcference herein as if fully set forth. B. Respondent attempted to scare S.G. into agreeing to undergo surgery by telling her she would "burst and bleed to death" if she did not . ..have tIIl:t'8ll1'gery respondent recommended, -, ",. C. Respondent refused to take telephone calls from S.G. + during the time the patient was receiving hormone replacement. D. Respondent told D.M-G. she had a tumor on each of her ovaries that could become cancerous despite the fact there is no evidence that such. tumors existed. E. Respondent told D.M-G. the only. way her inSurance company would pay for bladder surgery was if she had a hysterectomy, which agreed to have in October 1997. F. Respondent told L.M. that the problem with her Cervix could turn into cancer in 5 weeks. When she told respondent she wanted a second opinion he expressed the hope she had enough time. The problem with L.M. 's cervix is often left untreated by Ob-Gyns without dire consequences. G. In January 2000, respondent told L.M. she needed immediate surgery to remove a right ovarian tumor. Although!l cancer specialist, Dr. M., did not see any tumor and offered to due an ultrasound within the week, respondent scared L.M. into having the surgery immediately. 42 , " I H. Respondent told patient M.P. she could bleed out if she did .~ 2 not h;lve the recommended surgery right away. . 3 I. Respondent attempted to scare A.Y. into having the surgery 4 recommended hy respondent by telling her she would be unable to have children 5 with endometriosis, going so far as to recommend she have children out of 6 wedlock. 7 1. Respondent attempted to scare B.R. into having the surgery 8 recommended by respondent by telling her the condition would turn into cancer 9 and that if she did not have the surgery right away it may be too late. 10 K. Respondent scared 1. W. into having the major surgery by II lyOW about. the true nature ofher condition. 12 L. Respondent scared M.A. into having the major surgery ,by 13 lying about the true nature of her condition. 14 M, Respondent lied to BJ.G. about the extent of he ;-.... 15 endometriosis, as the path report showed a minimal to mild case, not an 16 infestation as desCribed by post operatively by respondent. 17 N. Respondent scared BJ.G. into having the major surgery by 18' lying about the true nature of her condition. 19 20 21 ELEVENTH CAUSE FOR DISCIPLINE ..'. 39. (Excessive Prescribing) Respondent is subject to disciplinary action under section 725 of the Code . ','::J::' ~:~:~ I: 22 in that he excessively prescribed medication to J .LM. during his Care and treatment of her. The 23 circumstances are as follows: 24 A. Paragraph 19 (WW) through (ZZ) is hereby incorporated by 25 reference as if fully set forth. ~ 26 27 B. Between April 19 and October 4, 1999, respondent prescribed J.L.M. 386 Vicodin tablets, in addition to prescribing her Phentermine 28 in September. 43 .---. 11 12 13 :----. 14 15 16 17 18 19 I 20 21 22 23 r , I 2 3 TWELFTH CAUSE FOR DiSCIPLINE (Sex With a Patient) 40. . Respondent is subject to disciplinary action under section 726 of the Code . 4 in that he had sexual rolations with V.G. at a time when she was his patient. Paragraph 19 5 (AAAA) through (EEEE) is incorporated by reference as if fully set forth herein. 6 PRAYER 7 WHEREFORE, Complainant requests that a hearing be held on the matters herein 8 alleged, and that following the hearing, the Division of Medical Quality iSsue a decision: 9 1. Revoking or suspending Physician's and Surgeon's Certificate 10 No. G 24947, issues to Andrew Rutland, M.D.; . .,.!,!f:..",,:;:,t::::< ~.:\;~,.::Revoking, suspending, or denying approval of Andrew Rutllllid, M.D.'s \\';.C'.: J,\~'.I,.,~: -. .;1\ ,...., .:~~:aiI~phYSiCian's assistants, pursuant to section 3527 of the Code; .3. Ordering respondent Andrew Rutland, M.D. to pay the Division of Medical Quality the reasonable costs of the investigation and enforcement of this case, and, if placed on probation, the costs of probation monitoring; 4. Taking such other and further action as deemed necessary and proper. -- DATED: ~~ ?1!: ?~'-< ~. . ~ecutive . tor ~ MediCal Board of California Department of Consumer Affairs State of California Complainant ;;.;. ,'. 24 25 26 03S7316Q..S0200IAD0241; Second Amended Accusation SHZ:pll 27 28 44