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Home My WebLink About2009/06/23 Agenda Packet I declare under penally ot P~'.~(Y ttl~1 I am employed by the City of Chula Vists In the "'~ ~ r,; OffIce of the City Clerk and thet I posted this ~ ~ nt on the bulletin board according to:~ ~ . ~ul ents. ~, .:. ~~~~ , . SIGNED em OF CHULA VISTA Cheryl Cox, Mayor Rudy Ramirez, Councilmember James D. Sandoval, City Manager John McCann, Councilmember Bart Miesfeld, City Attorney Pamela Bensouss'a'n, Council member Donna Norris, City Clerk Steve Castaneda,Councilmember JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA June 23, 2009 6:00 P,M. Council Chambers City Hall - Building [00 276 Fourth Avenue CALL TO ORDER ROLL CALL: Council/Agency Members: Bensoussan, Castaneda, McCann, Ramirez, and Mayor/Chair Cox PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY PRESENTATION OF A PROCLAMATION DECLARING SUPPORT FOR THE 2010 CENSUS TO PARTNERSHIP SPECIALISTS NAMPET PANICHPANT, LENA LAFFAYE, AND PURITA ANDREWS, AND EARLY LOCAL CENSUS OFFICE MANAGER DANIEL MENDOZA, U.S. BUREAU OF THE CENSUS . PRESENTATION OF A PROCLAMATION TO TRACY LAMB, EXECUTIVE DIRECTOR OF THE CHULA VISTA OLYMPIC TRAINING CENTER, DECLARING JUNE 23, 2009, AS OLYMPIC DAY IN THE CITY OF CHULA VISTA CONSENT CALENDAR (City Council and Redevelopment Agency Items) (Items [-10) The Council/Agency 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 tlie meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE 2716 TO UPDATE THE POGGI CANYON SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE POGGI CANYON SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS (SECOND READING AND ADOPTION) The Poggi Canyon Gravity Sewer Basin Development Impact Fee was established on November 25, 1997 to facilitate construction of the Poggi Canyon trunk sewer, which was needed to serve properties within the Poggi Canyon Basin. Adoption of the ordinance approves the first update to the fee, reducing the Poggi Canyon Sewer Basin Development Impact Fee from $400 to $265 per Equivalent Dwelling Unit. This ordinance was introduced June 16,2009. (Director of Public Works) Staffrecommendation: Council adopt the ordinance. 2. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR FIRST A VENUE ASSESSMENT DISTRICT 2007-01 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL 'OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT (5%) PER YEAR AND THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR FIRST AVENUE ASSESSMENT DISTRICT 2007-01 C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2007-01, AUTHORIZING THE PLACEMENT OF LIENS IN THE AMOUNT OF THE ASSESSMENTS ON THE RESPECTIVE PROPERTIES, AND AUTHORIZING THE COLLECTION OF THE ASSESSMENTS AT THE SAME TIME AND IN THE SAME MANNER AS OTHER CITY PROPERTY TAXES AND ASSESSMENTS ARE COLLECTED BY THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO On December 4, 2007, the Council adopted Resolution No. 2007-272, certifying the results of the public hearing and assessment district ballot tabulation, and ordered the installation of improvements pursuant to the Improvement Act of 1913 (the "Block Act") and Article XIIID of the Constitution of the State of California. On May 20, 2008, the Council adopted Resolution No. 2008-130 awarding a contract in the amount of $1,158,627.22 for the improvements (Project STL-303) to MJC Construction, Inc. The work is now complete, and a resolution must now be adopted to accept filing of the Engineer's Report on the cost of construction, to approve the deferral of assessments, to establish the rate of interest and financing period applied to deferrals for assessment, and to authorize the collection of assessments on the County tax roll. (Director of Public Works) Staff recommendation: Council adopt the resolutions. Page 2 - Council Agenda htto:/ /www.chulavistaca.goy June 23, 2009 3. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2009/2010 FOR OPEN SPACE DISTRICTS 2 THROUGH II, 14, 15, 17,18,20,23,24,26,31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO. I (ELMD #1), AND BAY BOULEV ARD MAINTENANCE DISTRICT AND THE SPREAD OF ASSESSMENTS THEREIN; DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2009/2010 FOR THE OPEN SPACE MAINTENANCE DISTRICT NO. I AND THE SPREAD OF THE ASSESSMENTS THEREIN; DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THE ASSESSMENTS C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2009/2010 FOR THE TOWN CENTRE MAINTENANCE DISTRICT AND THE SPREAD OF ASSESSMENTS THEREIN; DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS, AND SETTING A PUBLIC HEAR.ING REGARDING THE ASSESSMENTS The City administers and maintains 36 open space districts and associated zones that have been established over the last 30 years. The districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The City Council's approval of the levy is required by the first week of August in order to meet the deadlines established by the County Tax Assessor. This item allows for the assessment of currently approved levy amounts in order to ensure that the County Tax Assessor deadlines are met for all 36 of the City's open space districts. (Director of Public Works) Staff recommendation: Council adopt the resolutions. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A COUNCIL POLICY AND PROCEDURE FOR FRAUD IN THE WORKPLACE The City of Chula Vista is committed to the proper use of public funds, safeguarding of public assets entrusted to the City, conducting its business by adhering to the highest ethical conduct, provide for the safeguarding of assets, and help deter and detect fraud and other irregularities. This policy sets specific guidelines regarding actions that must be followed for the investigation of suspected fraud and other irregularities. (Director of Finance) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda htto:/ /www.chulavistaca.gov June 23, 2009 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVI1'fG THE DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT WITH SHEA HOMES, L.P. FOR TAPESTRY AT OTAY RANCH PHASE 4 AND ESTRELLA AT SAN MIGUEL RANCH PHASE 4, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD LIENS AND THE AGREEMENTS WITH THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO The City ofChula 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. The Council has previously approved several payment plan agreements pursuant to the ordinance. (Deputy City ManagerlDevelopment Services Director) Staff recommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $10,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY, AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE "AVOID DUT" CAMPAIGN (4/5THS VOTE REQUIRED) The Police Department is a participating agency in a regional effort to reduce alcohol- involved fatalities and injuries and will be reimbursed on an overtime basis through grant funds from the California Office of Traffic Safety. (Police Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $15,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE DUI CORRIDOR SAFETY PROJECT (4/5THS VOTE REQUIRED) The Police Department is a participating agency in a regional effort to reduce alcohol- involved fatalities and injuries on Interstates 5 and 805 in San Diego County and will be reimbursed on an overtime basis through grant funds from the California Office of Traffic Safety. (Police Chief) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $1,600 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE (4/5THS VOTE REQUIRED) .-\ Page 4 ' Council Agenda htto:/ /www.chulavistaca.goy June 23, 2009 Urban Area Security Initiative (UAS!) funds address the unique equipment, training, planning and exercise needs of large, high-threat urban areas and assist them in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism. The City of San Diego Office of Homeland Security, who manages UASI funds for the region, has authorized the Police Department to use UASI funds for training needs. (Police Chief) . Staff recommendation: Council adopt the resolution. Redevelopment Agency and City Council Item: 9. A. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $400,000 FROM THE 2008 TAX ALLOCATION REFUNDING BONDS AS A REPAYMENT TO THE GENERAL FUND AND APPLYING THOSE FUNDS TOWARDS IMPROVEMENTS OF THE ANIMAL CARE FACILITY (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (CIP) ENTITLED "CONSTRUCTION OF SITE IMPROVEMENTS AND RELOCATABLE TRAILERS AT THE ANIMAL CARE FACILITY (GG-207)"; APPROPRIATING $400,000 FROM THE GENERAL FUND; AMENDING THE FISCAL YEAR 2009 CAPITAL IMPROVEMENT PROGRAM; AND APPROVING A DESIGN BUILD AGREEMENT WITH MJC CONSTRUCTION CO. FOR THE DESIGN AND CONSTRUCTION OF SITE IMPROVEMENTS AND RELOCATABLE TRAILERS AT THE ANIMAL CARE FACILITY (GG-207) IN THE CITY OF CHULA VISTA, CA (4/5THS VOTE REQUIRED) On June 16, 2009, Council approved an agreement for the PIMA Medical Institute to partner with the City of Chula Vista to expand and improve the Animal Care Facility. Adoption of the resolution amends the Fiscal Year 2009 Capital Improvement Program, establishes a new Capital Improvement Project, appropriates funds, and approves thc design build agreement with MJC Construction Co. (Director of Public Works) Staff recommendation: Council and Agency adopt the resolutions. Redevelopment Agency Item: 10. 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 FOR ADVANCES IN AN AMOUNT ESTIMATED AT $900,000, BUT WILL BE BASED ON AVAILABLE FUND BALANCE AT FISCAL YEAR END (4/5THS VOTE REQUIRED) The Redevelopment Agency (RDA) is requesting an appropriation in order to repay the General Fund for advances the RDA has received in the past. 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 been unable to repay the General Fund in the past due to fund balance deficits. 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. (Director of Finance) Staff recommendation: Agency adopt the resolution. . Page 5 - Council Agenda htto:! /www.chulavistaca.gov June 23, 2009 ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council/Agency on any subject matter within their jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council/Agency from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council/Agency may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please jill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. II. CONSIDERATION OF AMENDING CHAPTER XIV OF THE CITY'S MASTER FEE SCHEDULE On January 23, 2007, the City Council approved a comprehensive update to the Planning and Building Department fee schedule. Included within the fee schedule is a $1,127 fee to extend currently valid discretionary permits (eg. design review and conditional use permits). As part of the on-going development review process streamlining effort, as well as an overall effort to assist in economic recovery, staff is proposing to establish a limited review permit extension fee of $150 for currently valid discretionary permits. (Deputy City Manager/Development Services Director) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XIV (PLANNING) OF THE CITY'S MASTER FEE SCHEDULE TO ESTABLISH A LIMITED REVIEW FEE FOR DISCRETIONARY PERMIT EXTENSIONS ACTION ITEMS The ltem(s) listed in this section of the agenda will be considered individually by the Council/Agency and are expected to elicit discussion and deliberation. If you wish to speak on 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. 12. REPORT PROVIDING THE CITY'S INTENT TO GRANT A PERIOD OF TWO YEARS ADDITIONAL SERVICE CREDIT PURSUANT TO GOVERNMENT CODE SECTION 20903 FOR ALL LOCAL PUBLIC SAFETY FIRE EMPLOYEES (IAFF), MEMBERS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) Page 6 - Council Agenda httD:/ /www.chulavistaca.{!OV June 23, 2009 This item is a verbal presentation to the City Council and public to provide information on, and give notice of, the City's intent to offer an early retirement program to the City's Public Safety Fire Employees, pursuant to Government Code section 7507. (Human Resources Director) Staff recommendation: Council hear the report. Redevelopment Agency [tern: 13. CONSIDERATION OF APPROVAL BY THE REDEVELOPMENT AGENCY OF AN AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND DEVELOPMENT AGREEMENT The Gateway Chula Vista Disposition and Development Agreement was approved June 6, 2000, for the development and operation of a phased First Class, First Quality mixed- use commercial/office project. The first and second phases have been realized, however, the third and final phase will not meet the construction deadline of June 30, 2009. The seventh amendment to the agreement provides for changes to reflect the current anticipated construction timeframe for Phase !II, and recommends the Phase III completion date be extended to December 31, 2014. (Deputy City Manager/Development Services Director) Staff recommendation: Agency adopt the following resolution: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE SEVENTH AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) 14. CONSIDERATION OF APPROVAL OF THE UNIVERSITY VILLAGES PROCESSING AGREEMENT AND AUTHORIZATION FOR THE CITY ATTORNEYS OFFICE TO RETAIN OUTSIDE LEGAL COUNSEL TO ASSIST IN THE LEGAL WORK FOR THE UNIVERSITY VILLAGESfUNIVERSITY AND REGIONAL TECHNOLOGY PARK PROJECT In April and May of 2008, the City entered into two separate Land Offer Agreements ("LOAs") with two separate landowners/developers ("Developers") in order to secure land for a University and Regional Technology Park which is envisioned in the Chula Vista General Plan. The LOAs generally provide each Developer the opportunity to develop a maximum of 13,400 dwelling units combined between both ownerships (referred to collectively as the "University Villages Project" or "Project") in exchange for approximately 210 acres of land being conveyed to the City by the Developers for the City's use in ultimately implementing the University and Regional Technology Park. (City Attorney) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE UNIVERSITY VILLAGES PROCESSING AGREEMENT Page 7 - Council Agenda htto:/ /www.chulavistaca.Q:QV June 23, 2009 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ATTORNEY'S OFFICE TO RETAIN OUTSIDE LEGAL COUNSEL TO ASSIST IN THE LEGAL WORK FOR THE UNIVERSITY VILLAGESfUNlVERSITY AND REGIONAL TECHNOLOGY PARK PROJECT, AND AUTHORIZING THE CITY ATTORNEY TO ENTER INTO THE REQUISITE LEGAL SERVICES AGREEMENTS AND ANY AMENDMENTS THERETO OTHER BUSINESS 15. CITY MANAGER'S REPORTS ] 6. MAYOR'S REPORTS 17. COUNCILMEMBERS' COMMENTS A. Council member Ramirez: Consideration of a report from the Chargers Subcommittee, and possible disbandment of the Chargers Subcommittee. B. Deputy Mayor McCann: Consideration of Council budgets. ADJOURNMENT to a Regular Meeting of July 14, 2009 at 4:00 p.m. In the Council Chambers. Materials provided to the City Council related to any open-session item on this agenda are available for pub lie 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 (if the meeting. Page 8 - Council Agenda huo:/ /W\\'W .ch ulavistaca.lwv June 23, 2009 Orditance Page 1 PID ADOPT10N oRDINANCE No. BOND READING A AN ORDIIv'ANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDNG ORDINANCE 2716 TO UPDATE THE POGGI CANYON SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE POGGI CANYON SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILD}iv'G PERMITS. WHEREAS, the City's General Plan Land Use and Public Facilities Elements require that adequate public facilities be available to accommodate increased population created by new development; and WHEREAS, the City Council has determined that new development within certain azeas within the City of Chula Vista as identified in this ordinance, will create adverse impacts on certain existing public facilities which must be mitigated by the financing and construction of those facilities identified in this ordinance; and WHEREAS, developers of land within the City are required to mitigate the burden created by their development by the construction or improvement of those facilities needed to provide service to their respecrive developments or by the payment of a fee to finance their fair shaze portion of the total cost of such facilities; and WHEREAS, development within the City contributes to the cumulative burden on various sewer facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and WHEREAS, the Poggi Canyon Sewer Basin ("Basin") is that area of land within the City of Chula Vista which wastewater will flow by gravity from Poggi Canyon into the Main Street Basin; and WHEREAS, on December 9, 1997, the City Council of the City of Chula Vista adopted Ordinance No. 2716 establishing a Development Impact Fee to pay for sewer improvements within the Poggi Canyon Sewer Basin as a condition of issuance of building permits; and WHEREAS, PMC Consultants has prepazed the update to the Poggi Canyon Sewer Basin Plan ("Report") dated Apri12009; and WHEREAS, said Report includes an estimate of ultimate sewer flows anticipated from development within the Poggi Canyon Basin, recommends sewer facilities needed to transport these flows, and establishes a fee payable by persons obtaining building permits for developments within these basins benefiting from the construction of these facilities; and 1-1 Ordinance Page 2 WHEREAS, on May 11, 2009, City staff notified major developers of the proposed Poggi DIF Update via a-mail and conventional mail, and asked developers to provide comments on the Report and City staffs recommendations for amending the Poggi Canyon Sewer Basin Development Impact Fee ("Impact Fee"); and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 (b) (4) [Creation of funding mechanisms) 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; and WHEREAS, on lone 16, 2009 a Public Hearing was held before the City Council to provide an opportunity for interested persons to be heard on the approval of the Report and revising of the Poggi Canyon Sewer Basin Development Impact Fee; and WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information received by the City Council in the course of its business, that imposition of the Impact Fee on all developments within the Poggi Canyon Basin in the City of Chula Vista for which building permits have not yet been issued is necessary in order to protect the public safety and welfaze and to ensure effective implementation of the City's General Plan; and WHEREAS, the City Council has determined that the amount of the Impact Fee levied by this ordinance does not exceed the estimated cost of providing the public facilities identified by the Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: Ordinance 2716 is hereby amended to read as follows: SECTION 1. Environmental Review That the activity will have no significant environmental impacts, and therefore is not subject to the California Environmental Quality Act (CEQA). SECTION 2. Approval of Report. The City Council has independently reviewed and approved the Report herewith presented, and finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk, known as the update to the Poggi Canyon Sewer Basin Plan, dated Apri12009, a copy of which is on file in the office of the City Clerk and the City Engineer. SECTION 3. "Facilities". 1-2 Ordinance Page 3 The facilities which aze subject matter of the impact Fee aze fully described in Table 5-2 of the Report on page 5-3, attached as Exhibit "A", and incorporated herein by this reference, ("Facilities"), all of which Facilities may be modified by the City Council from time to time by resolution. The locations at which the Facilities will be constructed aze shown on Figure 2, which is included in the Report. The City Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes inland development and estimated and actual wastewater flow. SECTION 4. Territory to Which Fee Is Applicable. The azea of the City of Chula Vista to which the Impact Fee herein established shall be applicable is set forth on Figure 2 of the Report, "", and is generally described herein as the "Territory." SECTION 5. Purpose. The purpose of this ordinance is to provide the necessary financing to construct the Facilities within the azeas shown in Figure 2 of the Report , in accordance with the City's General Plan. SECTION 6. Establishment of Fee. The Impact Fee, to be expressed on a per Equivalent Dwelling Unit ("EDU") basis, and payable prior to the issuance of building permits for development projects within the Territory, has been established to pay for the Facilities. SECTION 7. Due on Issuance of Building Permit. The Impact Fee shall be paid in cash upon the issuance of a building permit. Eazly payment is not permitted. No building permit shall be issued for development projects within the Territory unless the developer has paid the Impact Fee imposed by this Ordinance. SECTION 8. Determination of Equivalent Dwelling Units. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Impact Fee. Each unit within amulti-family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Exhibit "B", Sewer Benefit Area Fees Based on Land Use Categories. SECTION 9. Time to Determine Amount Due; Advance Payment Prohibited. 1-3 Ordinance Fage 4 The Impact Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. SECTION 10. Purpose and Use of Fee. The purpose of the Impact Fee is to pay for the planning, design, construction and/or financing (including the cost of interest and other financing costs as appropriate} of the Facilities, or reunbursement to the City or, at the discretion of the City if approved in advance in writing, to other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Impact Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Impact Fee. SECTION 11. Amount of Fee; Amendment to Lhe Master Fee Schedule The Impact Fee shall be calculated at the rate of $265 per EDU. Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section D, which shall read as follows: "D. Poggi Canyon Sewer Basin Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No. 2716, and any amendments thereto, but said Ordinance goveras over the provisions of the Master Fee Schedule, except with respect to changes permitted by resolution under Section 11 D(d). For example, in the event of a conflict in interpretation between the Master Fee Schedule and the Ordinance, or in the event that there aze additional rules applicable to the imposition of the Impact Fee, the language of the Ordinance governs. a. Territory to which Fee Applicable. The azea of the City of Chula Vista to which the Impact Fee herein established shall be applicable is set forth in Figure 2 of the Poggi Canyon Basin Gravity Sewer Development Impact Fee Update dated April, 2009, and is generally described as the Poggi Canyon Basin. b. Rate per EDU. The Impact Fee shall be calculated at the rate of $26~ per EDU, which rate shall be adjusted from rime to time by the City Council. o. EDU Calculation 1-4 Ordinance Page 5 Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Impact Fee. Each unit within amulti- family dwelling shall be considered 0.75 EDt;. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be chazged at a rate calculated in accordance with the method for estimating EDUs, attached as Exhibit "B", "Sewer Benefit Area Fees Based on Land Use Categories". d. When Payable. The Impact Fee shall be paid in cash not later than immediately prior to the issuance of a building permit." The Ciry Council shall review the amount of the impact Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this Impact Fee as necessary to assure construction and operation of the Facilities. The reasons for which adjustments may be made include, but aze not limited to, the following: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Cost Index {ENR-CCi); changes in the type, size, location or cost of the Facilities to be financed by the Impact Fee; changes in land use in the City's General Plan; other sound engineering, financing and planning information. Adjustments to the above Impact Fee may be made by resolution amending the Master Fee Schedule. SECTION 12. Authority for Accounting and Expenditures The proceeds collected from the imposition of the Impact Fee shall be deposited into a public facility financing fund {"Poggi Canyon Sewer Basin Benefit Area Fee Fund", or alternatively herein "Fund") which is hereby created and shall be expended only for the purposes set forth in this ordinance. The Director of Finance is authorized to establish various accounts within the Fund for the Facilities identified in this ordinance and to periodically make expenditures from the Fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. SECTION 13. Findings. Based an all written oral testimony at the hearing on the amendment to the Development Impact Fee, including the Report, the City Council hereby finds the following: A. The establishment of the Impact Fee is necessary to protect the public safety and welfaze and to ensure the effective implementation of the City's General Plan. 1-5 Ordinance Page 6 B. The Impact Fee is necessary to ensure that funds will be available for the construction of the Facilities concurrent with the need for these Facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. C. The amount of the fee levied by this ordinance does not exceed the estimated cost of providing the Facilities for which the fee is collected. D. New development projects within the Territory will generate a significant amount of wastewater that current sewer facilities can not service, therefore construction of the Facilities will be needed to service new development projects. E. That there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed and the amount of the fee is roughly proportional thereto. SECTION 14. Impact Fee Additional to other Fees and Chazges. The Impact Fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. SECTION ]5. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer. Whenever a developer is required as a condition of approval of a development permit to construct or cause the construction of the Facilities or a portion thereof, the City may require the developer to install the Facilities according to design specifications approved by the City and in the size or capacity necessary to accommodate estimated ultimate flow as indicated in the Plan and subsequent amendments. if such a requirement is imposed, the City shall offer, at the City's option, to reimburse the developer from the Fund either in cash or over time as Fees aze collected, or give a credit against the Impact Fee levied by this Ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this Ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particulaz Facility as included in the calculation and updating of the Impact Fee. The City may update the Impact Fee calculation as City deems appropriate prior to making such offer. This duty to offer to give credit or reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. If a developer is willing and agrees in writing to design and construct a portion of the Facilities in conjunction with the prosecution of a development project within the Territory, the City may, as part of a written agreement, reimburse the developer from the Fund either in cash or over time as Fees aze col]ected, or give a credit against the Impact 1-6 Ordinance Page 7 Fee levied by this Ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this Ordinance, for the design and construction of the Facility not to exceed the estimated cost of that patticulaz Facility as included in the calculation and updating of the Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the impact Fee calculation as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 17. Procedure for Entitlement to Reimbursement Offer. The City's duty to extend a reimbursement offer to a developer pursuant to Section I5 or 16 above shall be conditioned on the developer complying with the terms and conditions of this section: a. Written authorization shall be requested by the developer from the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the construction of the Facilities, excluding any work attributable to a specific subdivision project. b. The request for authorization shall contain the following information, and such other information as may from time to time be requested by the City: (I) Detailed descriptions of the work to be conducted by the developer with the preliminary cost estimate. c. If the Council grants authorization, it shall be by written agreement with the Developer, and on the following conditions among such other conditions as the Council may from time to time impose: (1) Developer shall prepaze all plans and specifications and submit same to the City for approval; (Z) Developer shall secure and dedicate any right-of--way required for the improvement work; (3) Developer shall secure all required permits and environmental cleazances necessary for construction of the improvements; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5) Developer shall pay all City fees and costs. 1-7 Ordinance Page 8 (6) The City shall be held harmless and indemnified, and upon demand by the City, defended by the developer for any of the costs and liabilities associated with the improvements. (7) The developer shall advance atl necessary funds for the improvements, including design and construction. The City will not be responsible for any of the costs of constructing the facilities. (8} The developer shall secure at least three (3) qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. Any claims for additional payment for extra work or chazges during construction shall be justified and shall be documented to the satisfaction of the Director of Public Works. (9) The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the improvements. The estimate is preliminary and subject to final detemunation by the Director of Public Works upon completion of the Public Facility Project. (10) The agreement may provide that upon determination of satisfactory incremental completion of the public facility project, as approved and certif ed by the Director of Public Works, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25% of such costs until issuance by the City of a Notice of Completion. (11) The agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the Impact Fee for building permits to be applied for is the future. (12) When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the project to the City. The Duector of Public Works shall make the final determination on expenditures which aze eligible for reimbursement. (13) After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Impact Fees required by this ordinance against the City's duty to reimburse the developer. 1-S Ordinance Page 9 (14) If, after offset if any, funds are due the developer under this section, the City may at its option, reimburse the developer from the Fund either in cash or over time as Fees aze collected, or give a credit against the Impact Fee levied by this Ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their required contribution to such Facilities as required by this Ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. SECTION 18. Procedure for Fee Modification Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the Impact Fee imposed by this ordinance is unconstitutional or unrelated to mitigation of the burdens of the development, may apply to the City Council for a waiver or modification of the Impact Fee or the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice is given of the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or modification, and shall provide an engineering and accounting report showing the overall impact on the DIF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty (60) days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Impact Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies. Development projects by public agencies, including schools, shall not be exempt from the provisions of the Impact Fee. SECTION 20. Assessment District. If any assessment or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund or a credit in an amount equal to that portion of the cost included in the calculation of the Impact Fee attributable to the Work Alternatively Financed. In this regazd, the amount of the reimbursement shall be based on the costs included in the Report, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. 1-9 Ordinance Page 10 SECTION 21. Expiration of this Ordinance. This ordinance shall be of no further force and effect when the City Council determines that the amount of Impact Fees which have been collected reaches an amount equal to the cost of the Facilities. SECTION 22. Time Limit and Procedure for Fee Protest and Legal Action. Any fee protest or legal action, including those to attack, review, set aside, void or annul this ordinance, shall be conducted in the manner and within the time limitations set forth in Chapter 9 of the Mitigation Fee Act, title Protests, Legal Actions and Audits, starting with Government Code Section 66020. SECTION 23. Other Not Previously Dcfined Terms. For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appeazs that a different meaning is intended. (a) "Building Petntit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b) "Developer" means the owner or developer of a development. (c) "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (d) "Development Project" or "Development" means any activity described in Section 66000 of the State Government Code. (e) "Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. SECTION 24. Effective Date. This ordinance shall become effective sixty (60) days after its second reading and adoption. Presented by Richazd A. Hopkins Director of Public Works 1-10 Ordinance Page 11 Exhibits: A) Program Costs, Table 5-2 from Poggi Canyon Gravity Sewer Development Impact Fee Update report dated Apri12009. B) Development Impact Fee Per Land Use Category from Poggi Canyon Gravity Sewer Development Impact Fee Update report dated Apri12009. J:~EngineerVSEWER`,2006~PoggiCynUpdateWgrndaktrilced ORDINANCE Z716lp.doc -~~ Ex}3ibit A- Program Costs :artstructed Project Costs Reaches 20t-204, 20&207 AYres/City 51,046,032 Reach 205 GtY/DIF 1,434,918 Reaches 208.2t3' Ayres 136,205 Reach 214to 277 Otay Ranch Co. 638,748 Reach 27 B to 219 McMillin 412,938 Reach 2t 9 to 22t Otay Ranch Ca. 283,190 Poggi Exiens'wn in Olympic Pkwy' Essdake 23,000 Paggi Eraension' Eastlake 7,094.707 SubtoW 33,070,738 Fu[ure Corsstructian Costs PZ97R-P270 Olympic Parkway west of Brandywine AVe 5334,900 P270 - P303 Olympic Parkway oast of Brandywine Ave. 5487,800 5ubm~ 5916,300 Misceltanea[s Cost Updateilstaff adminisaadons 5306,200 Project TOtal 56,293,236 Lets Gty tantribuaon (Reaches 29t-204, 20E-207)` 9(1,046.032) DI F Total 93,247,206 ) AYeef payment: dued 17116198, 1/23100, iL78104 artd 3!8/01 - 51,042.320. The 51,046,032 u based on 51,736,440 vansW in 6rnn Trunk Sewer Gpitat Reserve Fund kst 5714408 transfened hack. Z Final audit tsrmpfesed for SI It,63Z Audi[ is pending br CO 99 for 512756- Includes 9.5% estimated -oR mstt on tool of 5124,388- 3 Thu segmem u from SR 125 m Staticrt 346 a 33 ss shown an Dwg 02024.04. the costs are has+~ on the change order infomudon and were Initially funded by C1:0 061. Reimhursemem to CFO 061 h due 4 Essdake rdmbursed 6o1n Trunk Sewer Gpital Reserve Fund N Mlarcli 2008. Portion On Olympic Parkwayhom SR t 25 m the land swaps Iurtded in CFD 061 in the anwunt of S24A00. Portico in Eattlake Parkway u ro[ D!F digibfe and is efigibfe m be funded via CFD O6I. S Admfnisvadon rosU indude future cos0 of S 720,000. 6 Represenu rosy of ieadser 201.204 anC 206-207. In 1997, it west estimated m he 51, 756,440. ~-12 Exhibit B-Sewer Benefit Area Fees Based on Land Use Cateeories Residential • SFD 263 gpolDU I.OdDU Residendal-MFO 799 gpd/OU 0.75/DU ComrnerdaNnduztrial 2,300 gpolaae 9.43laae MuIR-Story Commercial 0.072gpd/sf OST1/7,000 sf High Sdtoo! 20 gpolstudent 0.08htudent Junior High Sd:aof 20 god/student O.DE/studant Elementary 73 gpd/swdent O.ONstudent Park 500 gpd/aae 1.89/aae CPF 2,300 gpdrave 4.43lace g'd: gaEart per day ou: dwelrmg unie ~F. mmrtmniryputpose LaalitY SFO: singlelamgy dwdling MFO: mulNamily dwdIlng hWfti•Stary Commeecial: Eased cn EilC Terhnfni Sewer Study 6r hi~+ise rtan+esidenGal land urns arsuming a Aaorarea tado 0/09 fZ300 gpdper axe . ba x A3,360 sEaQel -0.092 gpoltA. 1-13 CITY COUNCIL AGENDA STATEMENT ::?}(~ CrTY OF ~~CHULA VISTA 6/23/09, Item2- ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR HRST A VENUE ASSESSMENT DISTRICT 2007-01 RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS ~1\fD EST ABLISHING THE RATE OF INTEREST OF FIVE PERCE"'l (5%) PER YEAR Ai'ID THE FINAi'lCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR FIRST A VENUE ASSESSMENT DISTRICT 2007-01 SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE Aivl0liNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2007-01, AUTHORIZING THE PLACEMENT OF LIENS IN THE AiVIOUNT OF THE ASSESSMENTS ON THE RESPECTIVE PROPERTIES, AND AUTHORIZING THE COLLECTION OF THE ASSESSMENTS AT THE SAiVIE TIME AND IN THE SAl'vIE MANNER AS OTHER CITY PROPERTY TAXES AND ASSESSMENTS ARE COLLECTED BY THE COUNTY RECORDER OF THE COUNTY OF SAi'\! DIEGO /' DIRECTOR OF PUB WORKS ~~ CITY MANAGER V ~ ASSISTANT CITY I LA..1'\!AGER ,>;/ , 4/STHS VOTE: YES 0 NO . k8J SUM1VlARY On December 4,2007, Council adopted Resolution No. 2007-272, certifying the results of the public hearing and Assessment District ballot tabulation, and ordered the installation of improvements pursuant to the Improvement Act of 1913 (the "Block Act") and Article XlIID of the Constitution of the State of California ("Article XlIID"). On May 20, 2008, Council adopted Resolution No. 2008- 130 awarding a contract in the amount of S 1, I 58,627.22 for the construction of the '"First A venue Between Naples Street and Palomar Street in the City ofChula Vista, California (STL-303)" Project to MJC Construction, Inc. The work is now complete and a resolution is now required to accept filing of the Engineer's Report on the cost of construction, to approve the deferral of assessments and establishing the rate of interest and financing period applied to said deferrals, and to authorize the collection of assessments on the County tax roll. -. 2-1 6/23/09, Item 2- 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 the activity is not a "Project" as defined under Section 15378 (b)(5) ofthe State CEQA Guidelines because the activity is related to an administrative/fiscal process that will not result in a direct or indirect potentially significant physical impact to the environment. Therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On July 17, 2007, Council adopted Resolutions 2007-184, 2007-185, and 2007-186 (Attachment A). Resolution 2007 -184 accepted a petition signed by the property owners along First A venue (Naples Street to Palomar Street) for the formation of an assessment district pursuant to the Block Act to finance the construction of missing sidewalk improvements. Resolution 2007-185 adopted a map showing the proposed boundaries for Assessment District No. 2007-01. Resolution 2007-186 declared the intent to form Assessment District No. 2007-01, approved the Preliminary Engineer's Report, ordered the installation of certain improvements on First A venue, set the time and place for a public hearing, and ordered the initiation of Assessment District ballot proceedings. Cost Information The cost information contained in Table I, under Preliminary Assessment, was obtained from the Preliminary Engineer's Report and was included on the property owners' Assessment District ballots as the amount of the proposed assessment to be levied against each respective parcel. The total proj ect cost, which includes construction and staff costs, was estimated to be $2,100,000, of which the property owners' share was estimated to be $357,988 to cover the costs of constructing the concrete dri veways and any private improvement relocation. These ballots were subsequently mailed to the property owners on July 18, 2007. On September II, 2007, Council held the public hearing on the First Avenue sidewalk improvements. There was no public testimony, so the hearing was closed and ballots were tabulated. Since more than 50% of the property owners voted in favor of the proposed assessments, on December 4, 2007, Council adopted Resolution No. 2007-272 (Attachment B), which certified the results of the public hearing and Assessment District ballot tabulations and ordered the installation of improvements in accordance with Article XIIID of the California Constitution. In accordance with Section 20852 of the Public Contract Code the City advertised and obtained sealed bids as part of a formal bidding process and awarded the contract to the lowest responsible bidder. On April 30, 2008, Design Staff received and opened the following bids from ten (10) contractors for the construction phase: 2-2 6/23/09, Item Z. Page 3 of 5 CONTRACTOR BID AMOUNT 1. Southland Paving, Inc. - Escondido, CA Non-responsive 2. MJC Construction - Bonita, CA S 1,158,627.22 3. Portillo Concrete, Inc. - Lemon Grove, CA $1,203,600.00 4. Tri-Group Construction & Development, Inc.- Poway, CA $1,273,580.00 5. L.B. Constmction, Inc. - San Diego, CA $1,319,883.50 6. HT A Engineering & Constmction, Inc. - Poway, CA $1,362,770.00 7. Palm Engineering Constmction Company, Inc. - San Diego, CA $1,403,033.00 8. Koch-Armstrong General Engineering, Inc. - Lakeside, CA $1,431,158.90 9. Hazard Construction Company, Inc. - San Diego, CA $1,469,788.10 10. Heffler Company, Inc. - National City, CA $1,727,832.00 The low bid by Jimenez Inc., DBA MJC Constmction, of$I,158,627.22 was $395,542.78 (25%) below the Engineer's estimate of$1 ,554, 170. The Engineer's estimate was based on average prices for similar types of work completed during the previous three years. Staff reviewed the low bid and recommended awarding a contract in the amount of $1,158,627.22 to Jimenez Inc., DBA MJC Constmction (May 20, 2008, Resolution 2008-130). MJC Constmction, Inc. has completed the constmction of improvements. Of the total constmction costs, only the costs for concrete driveways and private improvement relocation were assessed to the property owners. The final constmction costs to be assessed to the property owners total $214,181.10. Final Cost Staff has completed the accounting of the expenditures and apportionment to property owners, as shown in the Engineer's Report (Attachment C). This document amends the Preliminary Engineer's Report dated June 28, 2007 and adopted by Council on July 17, 2007. Since the amounts no,,, allocated to the property owners based on actual construction costs are equal to or less than the amounts originally included on the homeowners' ballots, an additional assessment ballot proceeding will not be required. The following amounts will be assessed to each property owner. Preliminary cost estimates were based on estimated driveway quantities and estimated costs for the relocation of private improvements. Final assessments are based on actual quantities and the actual costs for the relocation of private improvements. Driveway quantities may have increased or decreased from the preliminary estimates, due to necessary field adjustments made during constmction. TABLE 1 Property Address I Parcel Number Preliminary Final Assessment Assessment from Preliminary Enaineer's ReDort 1237 FIRST AV I 619-261-47 57,500 53,338.70 1154 FIRST AV I 619-192-22 55,508 $2,526.50 1117 FIRST AV I 619-151-04 $4,356 $1,599.60 1179 FIRST AV 619-201-03 $5,772 $3,044.20 1138 FIRST AV 619-142-12 $3,192 $1,887.90 1134FIRSTAV I 619-142-11 I 53,972 52,15450 1255 FIRST AV I 619-270-02 I $5,280 $4,524.60 2-3 6/23/09, Item 2- Page 4 of 5 TABLE 1 Property Address Parcel Number Preliminary Final Assessment Assessment from Preliminary Engineer's ReDort I 1209 FIRST AV 619-261-10 $7,356 $2,957.40 1219 FIRST AV 619-261-11 $5,256 $2,269.20 1180 FIRST AV 619-192-16 $6,084 $3,245.70 1160 FIRST AV 619-192-20 $2,988 $2,897.20 1254-1256 FIRST AV 619-250-38 $5,784 $3,782.20 103 GLENHAVEN WY 619-250-36 53,276 51,773.20 1276-1278 FIRST AV 619-250-37 $10,584 $6,133.40 1186 FIRST AV 619-192-27 $9,168 54,891.80 I 1155 FIRST AV 619-201-16 $7,064 57,064.00 I 1239 FIRST AV 619-261-25 $4,604 $3,48800 1235 FIRST AV 619-261-45 55,148 54,355.50 1129 FIRST AV 619-151-06 $8,984 $4,652.60 1265 FIRST AV 619-270-14 $2,772 I $1,903.40 1176 FIRST AV 619-192-17 54,4 76 $2,083.20 1286 FIRST AV 619-250-10 52,412 $1,02920 1197 FIRST AV 619-201-07 57,604 $2,920.20 1149FIRSTAV 619-151-10 56,672 $2,045.40 108-110 HENRY LANE 619-232-18 54,200 $3,425.50 1251 FIRST AV 619-270-01 $3,144 $3,144.00 1112 FIRST AV 619-142-07 $4,992 $2,356.00 1172 FIRST AV 619-192-18 52,724 51,964.10 1103 FIRST AV 619-151-01 $8,136 $3,090.70 1247 FIRST AV 619-261-17 $5,808 $4,727.50 1280 FIRST AV 619-250-19 56,7 44 54,104.40 1169FIRSTAV 619-201-01 I $10,424 $10,424.00 1122FIRSTAV 619-142-09 I $7,104 $3,685.90 1128 FIRST AV 619-142-10 53,708 52,109.60 1248 FIRST AV 619-232-39 $5,916 $5,916.00 I 1195 FIRST AV 619-201-06 $8,612 I 55,451.00 I 1139 FIRST AV 619-151-08 $8,288 $6,228.40 I 1214 FIRST AV 619-232-17 I 55,004 $1,711.20 I 1173 FIRST AV 619-201-02 59,932 55,898.20 I 106 PALOMAR ST 619-250-18 52,400 $1,171.80 I 1111 FIRSTAV 619-151-03 57,524 54,209.80 I 1133 FIRST AV 619-151-07 56,764 $3,045.20 I 1116FIRSTAV 619-142-27 56,024 $3,245.70 I 1118FIRSTAV 619-142-28 55,4 72 54,535.20 I 1143 FIRST AV 619-151-09 $9,480 $4,305.90 I 1156 FIRST AV 619-192-21 $3,300 $3,300.00 I 1107 FIRST AV 619-151-02 57,368 $2,945.00 I 1157FIRSTAV 619-201-15 $11,264 $7,178.70 I 1142 FIRST AV 619-142-13 $3,192 $1,680.20 I 1204 FIRST AV 619-232-14 I $4,488 $1,75770 1227 FIRST AV 619-261-32 $15,032 $4,024.00 1153 FIRST AV 619-201-17 $8,180 $8,124.60 97 OXFORD ST 619-261-01 $4,968 $2,163.80 1185 FIRST AV 619-201-04 54,884 $3,656.20 1189 FIRST AV 619-201-05 I 56,860 $5,497.60 1188 FIRST AV 619-192-14 53,192 $1,255.50 2-4 6/23/09, Item 2- Page 5 of 5 TABLE 1 Property Address Parcel Number Preliminary Final Assessment Assessment from Preliminary Engineer's Renort 1168FIRSTAV 619-192-19 53,816 51,20590 I 1206 FIRST AV 619-232-16 $5,148 $1,990.20 1123FIRSTAV 619-151-05 58,084 $8,084.00 TOTAL $357,988 $214,181.10 Following confirmation of the final assessments, property owners will have the option of paying any portion of their assessment during a 30-day payoff period following the completion ofimprovements and confirmation of assessments. For assessments not fully paid during that time, Section 5895 of the Streets and Highways Code permits the City to collect the unpaid balance over a maximum period often years, together with interest on the unpaid principal at a maximum rate of7 percent per year. Based on the current interest rates, the City will charge 5 percent interest for a period often years. Property owners will have the option to pay the balance of their assessments at any time during a 30-day repayment period without penalty. The remaining balance will be paid through the property tax rolls beginning in fiscal year 2010. The assessment taxes shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. DEClSION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject ofthis action. CURRENT FISCAL IMPACT A total ofS 1,802,240 was appropriated from Section 108 Loan of Community Development Block Grant (CDBG) flmd for planning, design work, and construction of missing sidewalk improvements and pavement reconstruction along First Avenue between Naples Street and Palomar Street. A total of $214,181.10 shall be repaid by property owners for concrete driveway aprons and private improvement relocation and will reimburse the Section 108 Loan of CDBG fund. ONGOING FISCAL IMPACT The improvements will require only routine City maintenance. ATTACHMENTS 1. Resolutions 2007-184, 2007-185, 2007-186 2. Resolution 2007-272 3. Engineer's Report Prepared by: Boushra Salem, Senior Civil Engineer, Public Works Department -Engineering j.\Enginet':r\AGENDA\CAS2009\06-23-09\CAS First Ave AD tinal construction. doc 2-5 ATIACHMENT RESOLUTION NO. 2007-184 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR FIRST AVENUE (NAPLES STREET TO PALOMAR STREET) FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS 'W'BEREAS, City staff received a petition on November 2003, initiating the formation of an Assessment District for the construction of street improvements along First A venue, from Naples Street to Palomar Street; and 'W'BEREAS, fifty of the fifty-nine property ov,.TIers within the proposed District boundaries were in favor of the district formation; and WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings, requires that the City provide all engineering, inspection and administrative services, as well as paying for all relocation and reconstruction of the existing roadway, if required; and WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway aprons, resurfacing and widening of the existing asphalt pavement along First A venue between Naples Street and Palomar Street and the property O\NTIers. would be required to pay for the driveway aprons and the relocation of any private improvements within the City's right-of-way; and WHEREAS, details of the cost breakdov,.TI and design considerations are included in the Preliminary Engineer's Report. The report includes a copy of the proposed boundary map and the recommended construction costs payable per property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept a petition requesting the formation of an Assessment District for First A venue (Naples Street to Palomar Street) for the purpose of financing the construction of street improvements. Presented by Approved as to form by 1\r-w~ ~'\&~\\. Ann Moore ~ City Attorney 2-6 Resolution No. 2007-184 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day o(]uly 2007 by the follo'Aing vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Rindone 'I' U6t~ Cheryl Cox, ayor ATTEST: --::- _11.{ 6 ,~tG n ) Susan Bigelow, MMC, Ci lerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2007-184 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of July 2007. Executed this 17th day of July 2007. -~ ~ I.L.L.- ~~ ~A..--J Susan Bigelow, MMC, City Cler - 2-7 RESOLUTION NO. 2007-185 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOU"NTIARIES FOR ASSESSMENT DISTRlCT NO. 2007-] (FIRST AVENUE) WHEREAS, City staff received a petition in November 2003, initiating the formation of an Assessment District for the construction of street improvements along First A venue, from Naples Street to Palomar Street; and W1fEREAS, fifty of the fifty-nine property owners within the proposed District boundaries were in favor of the district formation; and WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings, requires that the City provide all engineering, inspection and administrative services, as well as paying for all relocation and reconstruction of the existing roadway, if required; and WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway aprons, resurfacing and widening of the existing asphalt pavement along First A venue between Naples Street and Palomar Street and the property owners would be required to pay for the driveway aprons and the relocation of any private improvements within the City's right-of-way; and WHEREAS, details of the cost breakdO\VTI and design considerations are included in the Preliminary Engineer's Report. The report includes a copy of the proposed boundary map and the recommended construction costs payable per property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt a map showing the proposed boundaries for Assessment District No. 2007-] (First Avenue). . Presented by Approved'as to form by <1\'0t ~CJf\--\\~ ~~ Ann Moore City Attorney 2-8 Resolution No. 2007-185 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 17th day of July 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: CounciImembers: Rindone ATTEST: '1 ' ~~C~ Cheryl Cox, ~a or . -;:=~Bi;~:~C~J r> ~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2007-185 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of July 2007. Executed this 17th day of July 2007. ~~ =-- ~'bJJLJ.- I Susan Bigelow, MMC, City Cler 2-9 RESOLUTION NO. 2007-186 RESOLUTION OF TIlE CITY COliNCIL OF THE CITY OF CHULA VISTA ORDERING THE INSTALLATION OF CERTAIN IMPROVEMENTS ON FIRST AVENUE (NAPLES STREET TO PALOMAR STREET), APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIA IrON OF BALLOT PROCEDURES WHEREAS, City staff received a petition in November 2003, initiating the formation of an Assessment Disnict for the construction of street improvements along First A venue, from Naples Street to Palomar Street; and WHEREAS, fifty of the fifty-nine property owners within the proposed District boundaries were in favor of the district formation; and WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings, requires that the City provide all engineering, inspection and administrative services, as well as paying for all relocation and reconstruction of the existing roadway, if required; and WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway aprons, resurfacing and widening of the existing asphalt pavement along First A venue between Naples Street and Palomar Street and the property O\\llers would be required to pay for the driveway aprons and the relocation of any private improvements within the City's right-of-way; and WHEREAS, details of the cost breakdown and design considerations are included in the Preliminary Engineer's Report. The report includes a copy of the proposed boundary map and the recommended construction costs payable per property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby order the installation of certain improvements on First Avenue (Naples Street to Palomar Street), approving the Preliminary Engineer's Report, setting the time and place for a public hearing and ordering the initiation of ballot procedures. Presented by Approved as to form by . es Director ~~~ Ann Moore City Attorney 2-10 Resolution No. 2007-186 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 17th day of July 2007 by the following vote: AYES: Councilrnernbers: Castaneda, McCann, Ramirez, and Cox NAYS: Councilrnernbers: None ABSENT: Councilmernbers: Rindone (; ~ (!.,. c{.. ([ J Cheryl Cox, M . or A TrEST: -; ~ ~lu!J1 Susan Bigelow, MMC, City rk STATE OF CALIFORNlA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2007-186 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of July 2007. Executed this 17th day of July 2007. ~- .1'l-A-tU-~ Susan Bigelow, MMC, City Clerk 2-11 ATIACHMENT Z- RESOLUTION NO. 2007-272 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING TIlE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULA nON FOR PROPOSED ASSESSMENT DISTRICT NO. 2007-1 (FIRST AVENUE) AND ORDERING THE CONSTRUCTION OF IMPROVEMENTS WHEREAS, the City Council of the City of Chula Vista (City), has been presented and has received a petition from certain property oowners requesting the installation of certain sidewalk improvements, together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of the "Municipal Improvement Act of 1913" (being Division 12 of the Streets and Highways Code of the State of California and City Council Ordinance No. 2952); and WHEREAS, this City Council, acting in response to such petition, initiated proceedings to form an assessment district to pay for the project pursuant to the provisions of the Streets and Highways Code, Article XIUD of the Constitution of the State of California (Article XmD) and the "Provision 218 Omnibus Implementation Act" (Government Code Section 53750 and following - the "Implementation Act") (the Municipal Improvement Act of 1913, Article XmD and the Implementation Act may be referred to collectively herein as the "Assessment Law"); and WHEREAS, the assessment district has been designated as Assessment District No. 2007-1 (First Avenue) (Assessment District); and WHEREAS, a report of the Assessment Engineer's Report (Preliminary Assessment Engineer's Report), required by the Assessment Law was previously presented, considered and preliminarily approved; and WHEREAS, the Preliminary Assessment Engineer's Report, as preliminarily approved was prepared and contained all the matters and items called for pursuant to the provisions of the Assessment Law, including the following: A. Plans and specifications of the improvements; B. An estimate of the cost of the construction of the improvements, including the cost of the incidental expenses, in connection therewith, including that portion of such costs and expenses representing the special benefit to be conferred by such improvements on the parcels with the Assessment District; C. A diagram showing the Assessment District, which also shows the boundaries and dimensions of the respective subdivisions of land within such Assessment District, with each of which subdivisions given a separate number upon such diagram; D. The proposed assessment of the assessable costs and expenses of the construction of the improvements upon the several divisions ofland in the Assessment District in nrnnnrti"n t"t11" "~tim~t,,rl ~neci~l henefit. to he conferred on such 2-12 Resolution No. 2007,272 Page 2 E. A description of the improvements. WHEREAS, notices of such hearing, accompanied by assessment ballot materials were regularly mailed in the time, form and manner required by the Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, a full hearing has been given; and WHEREAS, ballots and ballot materials were mailed to property owners on July 18, 2007, property owners were informed that the ballots needed to be received by the City Clerk's office prior to 5:00 p.m. on September 11, 2007, a public hearing was held on September 11, 2007, and the ballots remained sealed until the public hearing was closed; and WHEREAS, after the public hearing was closed, the ballots were tabulated and weighted based on the area of property frontage of the property owners, with the following results: of the 61 property owners, 37 votes were received (31 "in favor" and 6 "not in favor"), and actual tabulation results indicated that 84% of the weighted vote was in favor of, and 16% of the weighted vote was against, tbe establishment of the Assessment District; and WHEREAS, after further review by the City Attorney's office, it has been determined that the proposed Assessment District should move forward based on the provisions of Proposition 218 (The Right to Vote on Taxes), section 4 of which states the following: "The agency shall conduct a public hearing upon the proposed assessment not less than 45 days after mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the agency shall consider all protests against the proposed assessment and tabulate the ballots. The agency shall not impose an assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing. ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. "; and WHEREAS, based on this provision regarding majority protest, City staff recommends the approval of the Assessment District formation and the commencement of construction. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista certifies the results of the public hearing and Assessment District ballot tabulation for proposed Assessment District No. 2007,1 (First Avenue) pursuant to Chapter 27 of the Improvement Act of 1913 (the "Block Act") and orders the construction of improvements. Presented by Approved as to form by d General Services Director ~~~\~~ City Attorney 2-13 Resolution No. 2007-272 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 4th day of December 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Counci]members: None ATTEST: / ' 0~'^:fr~ Cheryl Cox ay r J~ ;r;)~ t Susan Bigelow, MtrC, City Clerk ST A IE OF CALIFOfu"[IA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2007-272 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of December 2007. Executed this 4th day of December 2007. d~ 1?~ r Susan Bigelow, Mk, City Clerk 2-14 r ATTACHMENT 3 ENGINEER'S REPORT FIRST AVENUE SIDEWALK IMPROVEMENTS 1913 ACT ASSESSMENT DISTRICT AD 2007-01 l. .June 23, 2009 2-15 Back!!round First Avenue, between Naples Street and Palomar Street in Chula Vista, is a residential street with an 80-foot width of right-of-way and is located within the Castle Park area of the City of Chula Vista. The Castle Park area is generally bounded by Third Avenue to the west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the south. Existing improvements along First A venue generally consist of asphaltic concrete pavement with some existing curb-and-gutter improvements. In November 2003, fifty-nine First A venue property owners submitted a petition to the City requesting the initiation of proceedings to form an assessment district in accordance with the Improvement Act of 1913. This district would finance the construction of the missing curb, gutter and sidewalk and other street improvements along First Avenue, from Naples Street to Palomar Street. Subsequently, on September 11, 2007, a Public Hearing was held at the City of Chula Vista Council Chambers and ballot proceedings were conducted. Forty-nine percent of the property owners voted in favor of Assessment District formation and one "in-favor" vote were submitted immediately after the Public Hearing was closed. It should be noted that several property owners did not submit votes to the City. In September 2007, the block captain for the proposed Assessment District requested a reinitation of the Assessment District process. Forty-five (45) of the Sixty- One (61) property owners have signed a petition in favor of the formation of the Assessment District. On May 20, 2008, the City Council accepted bids and awarded the contract to MJC Construction, Inc. for the construction of street improvements on First A venue. The City currently has a policy regarding participation in 1913 Block Act proceedings. 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). -1<1 f6 Overall Design and Cost Estimate The project area and general location of improvements are shown on Exhibit A, the Final Boundary Map for Assessment District 2007-01, First Avenue. The cost information contained in the table below was obtained from the Preliminary Engineer's Report and was included on the property owners' Assessment District ballots as the amount of the proposed assessment to be levied against each respective parcel, which will benefit from these improvements and would be a part ofthe district: TABLE 1 Assessor's Private Preliminary Address Improvement Parcel Number Modifications Assessment 1237 FIRST AV 619-261-47 $7,500 1154 FIRST AV 619-192-22 $5,508 1117 FIRST AV 619-151-04 $4,356 1179 FIRST AV 619-201-03 I I $5,772 1138 FIRST AV 619-142-12 $3,192 1134 FIRST AV 619-142-11 $3,972 1255 FIRST AV 619-270-02 Tree $5,280 1209 FIRST AV 619-261-10 $7,356 1219 FIRST AV 619-261~11 I $5,256 1180 FIRST AV 619-192-16 I $6,084 1160 FIRST AV 619-192-20 I $2,988 125'--1256 FIRST AV 619-250-38 $5,784 103 GLENHAVEN WY 619-250-36 $3,276 1276-1278 FIRST AV 619-250-37 I $10,584 1186 FIRST AV 619-192-27 I $9,168 1155FIRSTAV 619-201-16 Post and rail fence $7,064 1239 FIRST AV 619-261-25 2 trees $4,604 1235 FIRST AV 619-261-45 $5,148 1129 FIRST AV 619-151-06 Chain link fence I $8,984 1265 FIRST AV 619-270-14 I $2,772 1176 FIRST AV 619-192-17 I $4,476 1286 FIRST AV 619-250-10 I $2,412 1197 FIRST AV 619-201-07 I Wooden fence & I $7,604 oost & rail fence 1149 FIRST AV 619-151-10 $6,672 1~~ Assessor's Private Preliminary Ad dress Improvement Parcel Number Modifications Assessment 108-110 HENRY LANE 619-232-18 I I $4,200 1251 FIRST AV 619-270-01 I $3,144 1112 FIRST AV 619-142-07. $4,992 1172 FIRST AV 619-192-18 I $2,724 1103FIRSTAV 619-151-01 $8,136 1247 FIRST AV 619-261-17 I $5,808 1280 FIRST AV 619-250-19 $6,744 1169 FIRST AV 619-201-01 Wrought iron fence, $10,424 2 trees 1122 FIRST AV 619-142-09 $7,104 1128 FIRST AV 619-142-10 $3,708 1248 FIRST AV 619-232-39 $5,916 1195 FIRST AV 619-201-06 Chain link fence $8,612 1139 FIRST AV 619-151-08 Wrought iron fence $8,288 1214 FIRST AV 619-232-17 I $5,004 1173 FIRST AV 619-201-02 Chain link fence $9,932 106 PALOMAR ST 619-250-18 I $2,400 1111 FIRST AV 619-151-03 $7,524 1133 FIRST AV 619-151-07 Tree and fence $6,764 1116 FIRST AV 619-142-27 $6,024 1118 FIRST AV 619-142-28 $5,472 1143 FIRST AV 619-151-09 I $9,480 1156 FIRST AV 619-192-21 $3,300 1107 FIRST AV 619-151-02 I $7,368 1157FIRSTAV 619-201-15 Wrought iron fence $11,264 1142 FIRST AV 619-142-13 I $3,192 1204 FIRST AV I 619-232-14 $4,488 1227 FIRST AV 619-261-32 ] Tree I $15,032 1153FIRSTAV 619-201-17 2 trees, chain fence I $8,180 97 OXFORD ST 619-261-01 $4,968 1185 FIRST AV 619-201-04 I $4,884 1189 FIRST AV 619-201-05 I Post and rail fence I $6,860 1188 FIRST AV 619-192-14 I I $3,192 2~'B Assessor's Private Preliminary Address Improvement Parcel Number Modifications Assessment 1168 FIRST AV 619-192-19 $3,816 1206 FIRST AV 619-232-16 $5,148 1123 FIRST AV 619-151-05 I Chain link fence I $8,084 The improvements included within this District consist of the reconstruction of the asphalt concrete street, construction of monolithic curb, gutter and sidewalk, and miscellaneous associated drainage and sewer facilities. The five foot wide sidewalk was constructed to match the existing sidewalk at the south end of First Avenue, adjacent to Palomar Street. Where driveways are located, a driveway apron was constructed to provide a transition between the street, the sidewalk and the driveways. In addition to the street, driveways and sidewalk improvements, the City had coordinated \V1th the utility companies to relocate some of their underground and overhead utilities, to make room for the new improvements. Several properties had trees, fences or walls, which needed to be removed, relocated or reconstructed to construct the proposed street improvements. This work was conducted in conjunction with the street improvement project. Total construction cost for the project was $1,256,263.41 and the amount allocated to the property owners was $214,181.10. Method of Apportionment The City of Chula Vista has offered the Castle Park area property owners an incentive to form an Assessment District for the installation of street improvements. The City would pay for replacement of existing improvements and City staff costs related to planning, design, surveying and construction inspection. Property owners would be required to pay for the driveway aprons and the relocation of private improvements within the City right- of-way. Costs must be apportioned to each property based on the area of the driveway aprons along the property's frontage and any private improvement relocation within the City's right-of-way. The breakdown of construction costs among the fifty-nine properties within the district is shown in the following table. For each property, the square footage of driveway apron was individually calculated, which includes the actual driveway and the wing area on each side of the driveway. Private improvement relocation is also included in the property owners' construction costs. The final property owner's share of the cost for the street improvement project was $214,181.10. 52'1' f 9 The amounts to be assessed to the property owners based on the final construction costs can thus be compared to the amounts estimated in the Preliminary Engineer's Report as follows: TABLE 2 Private Preliminary Address . Assessor's Improvement Assessment from Final Parcel Number Preliminary Assessment Modifications Ennineer's Report 1237 FIRST AV I 619-261-47 I $7,500 $3,338.70 1154 FIRST AV 619-192-22 $5,508 $2,526.50 1117 FIRST AV 619-151-04 $4,356 $1,59960 1179 FIRST AV 619-201-03 I $5,772 $3,044.20 1138 FIRST AV 619-142-12 I $3,192 $1,887.90 1134 FIRST AV 619-142-11 $3,972 $2,154.50 1255 FIRST AV 619-270-02 Tree $5,280 $4,52460 1209 FIRST AV 619-261-10 $7,356 $2,957.40 1219 FIRST AV I 619-261-11 $5,256 $2,269.20 1180 FIRST AV 619-192-16 $6,084 $3,245.70 1160 FIRST AV 619-192-20 $2,988 $2,897.20 1254-1256 FIRST AV 619-250-38 $5,784 $3,782.20 103 GLEN HAVEN WY 619-250-36 $3,276 $1,773.20 1276-1278 FIRST AV 619-250-37 $10,584 $6,133.40 1186 FIRST AV 619-192-27 $9,168 $4,89180 1155 FIRST AV I 619-201-16 I Post and rail $7,064 $7,06400 fence 1239 FIRST AV I 619-261-25 I 2 trees $4,604 $3,488.00 1235 FIRST AV I 619-261-45 I 5148.00 $4,35550 1129 FIRST AV I 619-1.51-06 Chain link fence $8,984 $4,652.60 1265 FIRST AV 619-270-14 $2,772 $1,903.40 1176 FIRST AV 619-192-17 $4,4 76 $2,083.20 1286 FIRST AV 619-250-10 $2,412 $1,029.20 1197 FIRST AV , 619-201-07 Wooden fence & $7,604 $2,920.20 post &rail fence 1149 FIRST AV 619-151-10 $6,672 $2,045.40 108-110 HENRY LANE 619-232-18 $4,200 $3,425 50 1251 FIRST AV I 619-270-01 $3,144 $3,144.00 1112 FIRST AV 619-142-07 $4,992 $2,356.00 1172 FIRST AV 619-192-18 $2,724 $1,964.10 ~qtn Private Preliminary Address Assessor's Improvement Assessment from Final Parcel Number Preliminary Assessment Modifications Enaineer's Report 1103 FIRST AV 619-151-01 $8,136 $3,090.70 1247 FIRST AV 619-261-17 $5,808 $4,727.50 1280 FIRST AV 619-250-19 $6,744 $4,104.40 1169 FIRST AV 619-201-01 Wrought iron I $10,424 $10,424.00 fence, 2 trees 1122 FIRST AV 619-142-09 $7,104 $3,685.90 1128 FIRST AV 619-142-10 $3,708 $2,109.60 1248 FIRST AV 619-232-39 $5,916 $5,91600 1195 FIRST AV 619-201-06 Chain link fence $8,612 $5,451.00 1139 FIRST AV 619-151-08 Wrought iron $8,288 $6,228.40 fence 1214 FIRST AV 619-232-17 $5,004 $1,711.20 1173 FIRST AV 619-201-02 I Chain link fence $9,932 $5,898.20 106 PALOMAR ST 619-250-18 $2,400 $1,171.80 1111 FIRST AV 619-151-03 $7,524 $4,209.80 1133 FiRST AV 619-151-07 Tree and fence $6,764 $3,045.20 1116 FIRST AV 619-142-27 $6,024 $3,245.70 1118 FiRST AV 619-142-28 $5,472 $4,535.20 1143 FIRST AV 619-151-09 $9,480 $4,305.90 1156 FIRST AV 619-192-21 $3,300 $3,300.00 1107 FIRST AV 619-151-02 $7,368 $2,945.00 1157 FIRST AV I 619-201-15 Wrought iron $11,264 $7,178.70 fence 1142 FIRST AV 619-142-13 $3,192 $1,680.20 1204 FIRST AV 619-232-14 $4,488 $1,757.70 1227 FIRST AV 619-261-32 I $4,024.00 Tree $15,032 1153 FIRST AV 619-201-17 2 trees, chain $8,180 $8,124.60 fence 97 OXFORD ST 619-261-01 $4,968 $2,16380 1185 FIRST AV 619-201-04 $4,884 $3,656.20 1189 FIRST AV I 619-201-05 Post and rail $6,860 $5,497.60 fence 1188 FIRST AV 619-192-14 $3,192 $1,255.50 1168 FIRST AV 619-192-19 $3,816 $1,205.90 1206 FIRST AV 619-232-16 I $5,148 $1,990.20 1123 FIRST AV 619-151-05 Chain link fence I $8,084 $8,084.0 ~ift, ~.. -...~ FlI~AL BOUNDARIES ,ASSESSMENT DISTRICT 2007-01 1913 ACT ItvlFJROVEMENT DISTRICT CITY Of CHULA VISTA. 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STUoJ RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR FIRST AVEr-mE .ASSESSjVffiNT DISTRICT 2007-01 WHEREAS, pursuant to Resolutions 2007-184, 2007-185, and 2007-186 adopted on July 17, 2007, rhe City Co.uncil accepted a petition requesting the formation of an Assessment District for First Avenue (Naples Street to Palomar Street) for the purpose of financing the construction of sidewalk improvements, adopted a map showing the proposed boundaries for Assessment District No. 2007-01 (First Avenue), ordered the installation of improvements on First Avenue, approved the Preliminary Engineer's Report, set the time and place for a public hearing, and ordered the initiation of Assessment Ballot proceedings; and WHEREAS, pursuant to Resolution 2007-272, adopted on December 4,2007, the City Council ordered the construction of the improvements and ordered a final assessment Engineer's Report to be prepared; and WHEREAS, Ciry staff advertised and obtained sealed bids as part of a formal. bidding process for the construction of the improvements and awarded a contract in the amount of 51,158,627.22 to the low bidder, Jimenez, Inc. DBA MJC ConstlUction, pursuant to Resolution No. 2008-130 on May 20,2008; and vY'HEREAS, the construction of the improvements is complete and the final Engineer's Report First A venue Sidewalk Improvements 1913 Act Assessment District lill 2007-01 dated June 23, 2009 (Final Engineer's Report), which contains all the information contained in the Preliminary Engineer's Report modified to reflect the actual cost of the construction of the improvements, has been prepared and fmalized. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it accepts for filing the Final Engineer's Report for First Avenue Assessment District 2"007 -0 1. Richard A. Hopkins Director ofPubhc Works Presented by . K:\ENGfNE:::R\RESOS\Resos2009\06.2.]..Q9\final Ass Reso l.doc 2-23. RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A ACCEPTING THE DEFERRAL OF ASSESSMENTS At'ill ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT (5%) PER YEAR AND THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR FIRST AVENUE ASSESSMENT DISTRICT 2007-01 WHEREAS, pursuant to Resolutions 2007-184, 2007-185, and 2007-186 adopted on July 17, 2007, the City Council accepted a petition requesting the formation of an Assessment District for First Avenue (Naples Street to Palomar Street) for the purpose of financing the construction of sidewalk improvements, adopted a map showing the proposed boundaries for Assessment District No. 2007-01 (First Avenue), ordered the installation of improvements on First Avenue, approved the Preliminary Engineer's Report, set the time and place for a public hearing, and ordered the initiation of Assessment Ballot proceedings; and WHEREAS, on July 18, 2007 ballots and ballot materials were mailed to property owners. Property owners were informed that the ballots needed to be received by the City Clerk's office prior to 5:00 p.m. on September 11, 2007, a public hearing was held on September II, 2007, and the ballots remained sealed until the public hearing was closed. After the public hearing was closed, the ballots were tabulated, of the 61 property ovmers, 37 votes were received (31 "in favor" and 6 "not in favor"), and actual tabulation results indicated that 84% of the weighted vote was in favor of, and 16% of the weighted vote was against, the establishment of the Assessment District; and WHEREAS, pursuant to Resolution 2007-272, adopted on December 4,2007, the City Council certified the results of the public hearing and assessment district ballot tabulation, ordered the construction of the improvements and ordered a final assessment Engineer's Report to be prepared; and WHEREAS, City staff advertised and obtained sealed bids as part of a formal bidding process for the construction of the improvements and awarded a contract in the amount of $1,158,627.22 to the low bidder, Jimenez, Inc. DBA MJC Construction, pursuant to Resolution No. 2008-130 on May 20,2008; and WHEREAS, the construction of the improvements is complete; and WHEREAS, of the total construction costs, only the costs of the concrete driveways and private improvement relocation are to be assessed to the property owners; and 2-24 WHEREAS, not all the assessments have been fully paid and the City can collect the unpaid balance over a maximum period of ten years, together with interest on the lmpaid principal at a rate not to exceed 7 percent per year; and WHEREAS, City staff proposes to charge 5 percent interest for a period of ten years on the tmpaid balances of the assessments. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it accepts the deferral of the assessments and establishes the rate of interest of five percent (5%) per year and financing period of a maximum of ten years applied to the deferrals for First Avenue Assessment District 2007-01. Presented by Richard A. Hopkins Director of Public Works K:\ENGrNEER\RESOS\Resos2009\06-23-09\FinaI Ass Reso 2.doc 2-25 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN .ASSESSMENT DISTRICT 2007-01, AUTHORIZING THE PLACEMENT OF LIENS IN THE AtYlOUNT OF THE ASSESSMENTS ON THE RESPECTIVE PROPERTIES, MID AUTHORIZING THE COLLECTION OF THE ASSESSMENTS AT THE SAME THvIE At'l"D IN THE SAME !'vIAi\iNER AS OTHER CITY PROPERTY TAXES At'lD ASSESSMENTS ARE COLLECTED BY HIE COUNTY RECORDER OF THE COUNTY OF SAt'l" DIEGO. WHEREAS, pursuant to Resolutions 2007-184, 2007-185, and 2007-186 adopted on July 17, 2007, the City Council accepted a petition requesting the formation of an Assessment District for First Avenue (Naples Street to Palomar Street) for the purpose of financing the construction of sidewalk improvements, adopted a map showing the proposed boundaries for Assessment District No. 2007-01 (First Avenue), ordered the installation of improvements on First Avenue, approved the Preliminary Engineer's Report, set the time and place for a public hearing, and ordered the initiation of Assessment Ballot proceedings; and WHEREAS, on July 18, 2007 ballots and ballot materials were mailed to property owners. Property owners were informed that the ballots needed to be received by the City Clerk's office prior to 5:00 p.m. on September 11,2007, a public hearing was held on September II, 2007, and the ballots remained sealed until the public hearing was closed. After the public hearing was closed, the ballots were tabulated, of the 61 property owners, 37 votes were received (31 "in favor" and 6 "not in favor"), and actual tabulation results indicated that 84% of the weighted vote was in favor of, and 16% of the weighted vote was against, the establishment of the Assessment District; and WHEREAS, pursuant to Resolution 2007-272, adopted on December 4,2007, the City Council certified the results of the public hearing and assessment district ballot tabulation, ordered the construction of the improvements and ordered a final assessment Engineer's Report to be prepared; and WHEREAS, City staff advertised and obtained sealed bids as part of a formal bidding process for the construction of the improvements and awarded a contract in the amount of $1,158,627.22 to the low bidder, Jimenez, Inc. DBA MJC Construction, pursuant to Resolution No. 2008-130 on May 20, 2008; and WHEREAS, the construction of the improvements is complete; and 2-26 RESOLUTION NO. 2009 - WHEREAS, of the total construction costs, only two hundred fourteen thousand one hundred eighty one dollars and ten cents ($214,181.10), the costs of the concrete driveways and private improvement relocation, are to be assessed to the property owners; and WHEREAS, the amount to be assessed the property owners has been apportioned in an amount equal to the benefits received by the properties; and WHEREAS, the assessment amounts for each property are identified in Exhibit A, attached hereto; and WHEREAS, each property owner will be granted thirty (30) calendar days from the adoption of this resolution to pay their respective assessment in full; and WHEREAS, for those assessments that have not been paid in full, the City intends to record the unpaid amounts as liens on the respective properties; and WHEREAS, the liens and interest, which shall accrue at the rate of five percent (5%) per year on any unpaid balance, shall be collected over a maximum period of ten (10) years; and WHEREAS, the collection of assessments shall be at the same time and manner as other City taxes property taxes and assessments are collected by the County Recorder of the County of San Diego. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the amounts of the fmal assessments for properties within Assessment District 2007-0 I, authorizes the placement of liens in the amount of the assessments on the respective properties, and authorizes the collection of the assessments at the same time and in the same manner as other city property taxes and assessments are collected by the County Recorder of the County of San Diego. Presented by Richard A. Hopkins Director of Public Works K:\ENGrNEER\RESOS\Resos2009\06-23.09\FinaI Ass Reso 3.doc 2-27 RESOLUTION NO. 2009 - Exhibit A Address Assessor's Parcel Final Assessment Number 1237 FIRST AV I 619-261-47 $3,338.70 1154 FIRST AV 619-192-22 $2,526.50 1117 FIRST AV 619-151-04 $1,599.60 1179 FIRST AV 619-201-03 $3,044.20 1138 FIRST AV I 619-142-12 $1,887.90 1134 FIRST AV 619-142-11 $2,154.50 1255 FIRST AV I 619-270-02 I $4,524.60 1209 FIRST AV I 619-261-10 $2,95740 1219 FIRST AV 619-261-11 $2,269.20 1180 FIRST AV 619-192-16 $3,245.70 1160 FIRST AV I 619-192-20 I $2,897.20 1254-1256 FIRST AV I 619-250-38 $3,782.20 103 GLENHAVEN 'NY 619-250-36 $1,77320 1276-1278 FIRST AV 619-250-37 $6,13340 1186 FIRST AV 619-192-27 $4,891.80 1155FIRSTAV 619-201-16 $7,064.00 1239 FIRST AV 619-261-25 $3,488.00 1235 FIRST AV 619-261-45 I $4,355.50 1129 FIRST AV 619-151-06 $4,652.60 1265 FIRST AV 619-270-14 $1,90340 1176 FIRST A V 619-192-17 $2,083.20 1286 FIRST AV 619-250-10 $1,029.20 1197 FIRST AV I 619-201-07 $2,920.20 1149 FIRST AV 619-151-10 $2,04540 108-110 HENRY LANE 619-232-18 $3,425.50 1251 FIRST AV 619-270-01 $3,144.00 1112 FIRST AV 619-142-07 $2,356.00 1172 FIRST AV 619-192-18 $1,964.10 1103 FIRST AV 619-151-01 $3,090.70 1247 FIRST AV 619-261-17 I $4,727.50 2-28 RESOLUTION NO. 2009 - Address Assessor's Parcel Final Assessment Number 1280 FIRST AV I 619-250-19 $4,104.40 1169 FIRST AV I 619-201-01 $10,424.00 1122 FIRST AV 619-142-09 $3,685.90 1128 FIRST AV 619-142-10 $2,109.60 1248 FIRST AV 619-232-39 I $5,916.00 1195 FIRST AV 619-201-06 I $5,451.00 1139 FIRST AV 619-151-08 $6,228.40 1214 FIRST AV 619-232-17 $1,711.20 1173 FIRST AV 619-201-02 $5,898.20 106 PALOMAR ST 619-250-18 $1,171.80 1111 FIRST AV 619-151-03 $4,209.80 1133 FIRST AV 619-151-07 $3,045.20 1116 FIRST AV 619-142-27 $3,245.70 1118 FIRST AV I 619-142-28 $4,535.20 1143 FIRST AV 619-151-09 $4,3"0590 1156 FIRST AV 619-192-21 $3,300.00 1107 FIRST AV 619-151-02 $2,945.00 1157FIRSTAV 619-201-15 $7,178.70 1142 FIRST AV 619-142-13 $1,680.20 1204 FIRST AV 619-232-14 $1,75770 1227 FIRST AV 619-261-32 $4,02400 1153 FIRST AV 619-201-17 $8,12460 97 OXFORD ST 619-261-01 . $2,163.80 1185 FIRST AV I 619-201-04 $3,65620 1189 FIRST AV I 619-201-05 $5,497.60 1188 FIRST AV I 619-192-14 $1,25550 1168 FIRST AV I 619-192-19 $1,205.90 1206 FIRST AV I 619-232-16 $1,990.20 1123 FIRST AV 619-151-05 $8,084.0 2-29 CITY COUNCIL AGENDA STATEMENT '''' ;:?} \ 'f:.. en)' OF ~ (HUlA VISTA 6/23/09, Iteml ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2009/2010 FOR OPEN SPACE DISTRICTS 2 THROUGH 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRlCT NO.1 (ELNID #1), A.J.'ID BAY BOULEVARD MAINTENANCE DISTRlCT AND THE SPREAD OF ASSESSMENTS THEREIN; DECLARlNG THE INTENTION TO LEVY MID COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2009/2010 FOR THE OPEN SPACE MAINTENANCE DISTRlCT NO. 1 AND THE SPREAD OF THE ASSESSMENTS THEREIN; DECLARlNG THE INTENTION TO LEVY A.J.'ID COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARlNG REGARDING THE ASSESSMENTS SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2009/2010 FOR THE TOWN CENTRE MAINTENANCE DISTRlCT AND THE SPREAD OF ASSESSMENTS THEREIN; DECLARlNG THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARlNG REGARDING THE ASSESSMENTS DIRECTOR OF PUBL C W CITY MANAGER ASSISTANT CITY ANAGER 4/5THS VOTE: YES 0 NO ~ 3-1 6/23/09, Iteml Page 2 of 8 SUMMARY The City administers and maintains 36 Open Space Districts and associated zones that have been established over the last 30 years. The Districts provide a financing mechanism to maintain the public open space areas associated with each particular development. The City Council's approval of the levy is required by the first week of August in order to meet the deadlines established by the County Tax Assessor. This item allows for the assessment of currently approved levy amounts in order to ensure that the County Tax Assessor deadlines are met for all 36 of the City's Open Space Districts. 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 it involves an intention to levy and collect assessments for existing activities in the Open Space Districts and does not involve any new activities, therefore, pursuant to Section 15060 (c )(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review IS necessary. RECOMMENDATION Council adopt the resolutions and set the public hearing for July 14, 2009. BOARDS/COMMISSION RECOMMENDATION Not applicable DISCUSSION Open Space Districts (OSD's) were established in conjunction with each particular development to ensure financing for perpetual maintenance of common open space areas. OSD's provide a mechanism for the City to levy an annual assessment and collectible to cover the costs of maintenance associated with each OSD. Once City Council approves the annual collectible amount, it is sent to the County for inclusion on the tax bill. Each year Council must take two actions before levying the annual assessment. First, Council approves the Engineer's Report on Open Space Districts, declares its intention to levy the annual assessment, and sets the date and time for a public hearing. The second action is to conduct the public hearing, take and consider public testimony, levy the annual assessment and set the amount to be collected against the assessment. Tonight's action is the first step in the annual process. Pursuant to state law and Municipal Code, the City Engineer has prepared and filed the annual report for all existing Open Space Districts that are included as Attachments 1 and 2 to this report. The annual report allows Council to review the history ofthe Open Space Districts. The report includes information regarding: . The proposed budgets . Funds remaining in the account 3-2 6/23/09, Item~ Page 3 of 8 The proposed assessment (based upon prior year assessment plus an inflation facto r) The collectible (the amount needed from each property owner to provide sufficient funds for the follov,ing fiscal year's maintenance) . . Table I below lists the names and locations of the Districts. Table 1. Open Space Districts Within the City of Chula Vista OSO >i~rr;;i>,;;,..r.; ", ,';'-)} <;"7;.:>;,~~~?i "\,~;;:; ;>.# ,";':.;;;;~N~n'te.;; :':l;, I. '.. . ;>,';,,;;;,1 [' ~::;,>\,;,;,':;'" East of Pas eo Ranchero - H Street & Telegraoh Canyon Road South and East of Lorna Verde Park South of Allen School Lane Camino Elevado north of Otay Lakes Road North end of Crest Drive south of E Street Camino Vista Real north of Telegraph Canyon Road North & South of Palomar, east ofl-80S Surrey Drive southwest of Otay Lakes Road Paseo del Rey, north of Telegraph Canyon Road West of Pas eo Ranchero - H & J Streets East H Street, east of I-80S North of East H Street- Otay Lakes Road & Corral Canyon Road Canvon Drive, east of Otay Lakes Road Northeast of Paseo Ladera & East J Street East end of East Naoles Street North of East H Street, west of Otay Lakes Road West of HeritaQe/Otav Valley Road, south ofOtav Rio Road Rutgers Avenue, south of East H Street West of the intersection of E Street & Bonita Road North ofOtay Lakes Road, west of SR-12S West side of Broadway - J & K Streets Eastlake I, Eastlake Greens. Salt Creek 1, OTC, Telegraph Canvon Channel Bay Boulevard - E & F Streets I El Rancho del Rey Units I - 4 2 Lark Haven 3 Rancho Robinhood Units I & 2 4 Bonita Ridge 5 South Bay Villas 6 Hillton Vista 7 Zenith Units 2, 3, and 4 8 Rancho Robinhood Unit 3 9 El Rancho del Rey 10 El Rancho del Rey 6, Casa del Rey 11 Hidden Vista Village 14 Bonita Long Canyon 15 Bonita Haciendas 17 Bel Air Ridge 18 Rancho del Sur 20 Rancho del Rey 23 Otay Rio Business Park 24 Canyon View Homes 26 Park Bonita 31 Telegranh Canyon Estates 33 Broadway Business Horne VillaQe Eastlake Maintenance District - No.1 - Bay Boulevard Maintenance District Town Centre Maintenance - District Third Avenue - E & G Streets Improvements and Service"s The facilities and items to be maintained by the Open Space Districts currently consist and will remain, in general, of the following; . Irrigation . Aerification . Insect infestation control . Fertilization . Pest Control . Removal of weeds, trash and litter 3-3 6/23/09, ItemL Page 4 of 8 . Removal of noxious plant material . Public walkway cleaning . Weed abatement . Pedestrian light maintenance . Pruning of trees and shrubs . Irrigation equipment upgrades . Encroachment trims . Replacement of dead or diseased plant material . Trail maintenance . Low flow and brow channel maintenance . Pond equipment and maintenance . Signage within trails/canyons . Repair of irrigation equipment . Brush clearance . Fencing maintenance Assessments & Collectibles The City of Chula Vista Municipal Code makes the distinction between the assessment and tbe amount that the City may collect against the assessment (i.e., the collectible). The assessments for FY 2009/10 are proposed at the FY2008/09 amounts adjusted by the inflation factor of 0.62% pursuant to the Municipal Code. Each year, tbe prior year's maximum assessment amount is adjusted by an inflation factor, pursuant to the Municipal Code. This inflation factor is based upon the lower of two separate, published inflation factors: the San Diego Metropolitan Consumer Price Index (CPI), and the Governor's California 4th Quarter per Capita Personal Income Index. In the mid-1990's (and for all Open Space Districts established after that date), Council approved tbe assessments with an inflation factor. Since that date, Council may annually increase the assessment by this inflation factor without this increase being subject to a protest vote under Proposition 218. The collectible, on the other hand, is the amount to be actually collected from tbe property owner and is equal to, or lower tban, the proposed assessment. As detailed in Attachment 2, tbe collectible is based on tbe budget, the reserve requirement, savings and fund balances, earned interest and prior years' savings. The proposed assessments and collectibles for FY 2009/10 are as follows: Table 2. Historical and Proposed FY 2009/10 Assessments/Collectibles Open Space District or Proposed Proposed Increase I Increase I Projected Zone FY 08/09 FY 09/10 FY 08/09 FY 09/10 Decrease ($) Decrease (%) Revenue l' $117.54 118.27 $110.00 $112.00 $2.00 1.82% $73.656.80 2 54.52 54.86 54.00 54.00 0.00 0.00% 13.446.00 3 373.25 375.57 373.25 375.00 1.75 0.47% 47.625.00 4 394.24 396.69 388.00 391.00 3.00 0.77% 82.110.00 5 384.44 386.83 339.00 347.00 8.00 2.36% 42.334.00 6 190.11 191.29 162.00 169.00 7.00 4.32% 27,378.00 7 132.81 133.64 132.00 133.63 1.63 1.23% 13.897.5 8 606.70 610.46 591.00 602.00 11.00 1.86% 66,220.00 9 171.95 173.01 154.00 161.00 7.00 4.55% 61.824.00 10 116.03 116.75 115.00 116.00 1.00 0.87% 76.068.1 11 117.41 118.14 101.00 105.00 4.00 3.96% 138.709.20 3-4 6/23/09, Iteml Page 5 of 8 14 377.44 379.78 373.00 378.00 5.00 1.34% 326,214.00 15' 362.12 364.37 354.00 338.00 (16.00) -4.52% 19.266.00 17 173.34 174.41 111.00 117.00 6.00 5.41% 5,382.00 18 409.62 412.16 253.00 266.00 13.00 5.14% 115,710.00 20 one 1 - Desilting Basin 63.31 63.70 62.00 36.00 (26.00) -41.94% 31,545.36 one 2 - Rice Canyon 4.80 4.83 4.80 4.82 0.02 0.42% 19,084.21 one 3 ~ H Street 6.85 6.90 6.00 6.00 0.00 0.00% 36.855.02 Lone 4 - Business Center 53.19 53.52 53.00 53.00 0.00 0.00% 137,931.97 Zone 5 - SPA I 384.63 387.01 347.00 365.00 18.00 5.19% 655,175.00 Zone 6 - SPA II 295.54 297.38 206.00 216.00 10.00 4.85% 122,733.36 Zone 7 - SPA III 182.43 183.56 182.00 183.00 1.00 0.55% 215.352.39 Zone 8 - N Desilting Basin 42.06 42.32 40.00 40.00 0.00 0.00% 4.752.80 Zone 9 - Tel Cyn Channel 33.39 33.59 33.39 33.59 0.20 0.60% 1,762.17 23' 564.46 567.96 564 46 472.00 (92.46) -16.38% 42.508.32 24 701.78 706.13 496.00 523.00 27.00 5.44% 20,920.00 26 550.78 554.20 480.00 506.00 26.00 5.42% 9,614.00 31 568.96 572.49 269.00 281.00 12.00 4.46% 96,383.00 33 1.406.12 1,414.84 N/A(5) N/A(5) N/A(5) N/A(5) 0.00 ElMD NO.1 0.00 0.00 Otay lakes Rd(1) N/A N/A 2.50 2.5C 0.00 0.00 31,716.75 Izone A - Eastlake I 13.03 13.11 12.00 13.00 1.00 8.33% 109.589.78 one B - Eastlake Greens 21.30 21.43 16.00 20.00 4.00 25.00% 67.527.60 one C - Oly Training Ctr 176.41 177.50 6.00 5.00 (1.00) -16.67% 2,500.00 one 0 - Salt Creek I 235.28 236.74 168.00 173.00 5.00 2.98% 73,248.20 one E - Tel Gyn Chnl(2)' 33.55 33.76 26.00 8.65 (17.35) -66.73% 3,169.11 Bay Boulevard(3)* 3,258.38 3,278.58 2,330.00 1,822.00 (508.00) -21.80% 11,642.58 Town Centre(4) 0.12 0.12 0.12- 0.00 TOTAL PROJECTED REVENUES 2,803,852.30 (1) Zones A - 0 share In the cost of Otay Lakes Road medians and off-site parkways. Collectible and projected revenue for Otay Lakes Road are reflected in collectible and projected revenue for Zones A-D. A budget for Otay Lakes Road is currently pending. (2) Portions of Eastlake I and Eastlake Greens are in this benefit area. (3) Bay Boulevard rates are based on acres. (4) Town Centre rates have been based on parcel square footage since FY 2001/02. However, a Downtown PBID replaced this District in 2001, but the City determined that there was some potentiallong~term exposure for the City based on the remote possibility that the PBID is not renewed. (5) OSD 33 was formed several years ago in anticipation of development. The-project has not progressed and consequently there is no maintenance required. Should the project develop in the future, staff would recommend collecting money for maintenance. " Historical information is currently being gathered and researched to verify the Maximum Assessment allowed in fiscal year 2009/10. Therefore, actual assessments are lower than the Maximum in order to stay in compliance until all Information has been confirmed. 3-5 6/23/09,Itern~ Page 6 of 8 Other District Issues Town Centre LMD: A downtown Property and Business Improvement District (PBID) replaced Town Centre Landscape Maintenance District (LMD) in 2001. At that time, it was anticipated that the Town Centre LMD would be dissolved. However, the City determined that there was some potential long-term exposure for the City based on the remote possibility that the current PBID might not receive sufficient support for re-approval in the future. Should the PBID not be re-approved at some future date, and if the Town Centre LMD were dissolved, there would no longer be a funding mechanism for downtown landscape maintenance. Based on this possibility, the Town Centre LMD is kept open as a "ghost" district. This means that the City will set the maximum assessment amount for the District on an annual basis, even though property owners will not be billed any sum on the ta:'( roll. Should the PBID not be re- approved, the Town Centre LMD will be in place ana. provide the necessary funding mechanism for downtown landscape maintenance. The current PBID was renewed with the adoption of Council Resolution No. 2006-222, for a period often (10) years, so the Town Centre LMD remains as a "ghost" district. The assessment amount in FY 2009/1 0 is $0.121 per square foot. Current Condition of Failed Proposition 218 Districts In 2007 the City initiated the Proposition 218 ballot process to consider an increase to assessments in nine of the 36 existing Open Space Districts/Zones because the estimated cost for service requirements was anticipated to exceed the amount of revenue that could be generated by current maximum assessments. Eight ofthe nine districts that were taken to ballot failed, and as a result certain service level reductions were made due to a lack of available resources. The budgetary reductions were needed in order to stay within the confines of the revenue that could be generated from the allowable maximum assessment. Table 3 illustrates the impacts of these service level reductions on the failed districts. Table 3. Service Level Impacts on Failed Proposition 218 Districts .", . . District 3 Weed abatement has decreased and dried grass and overgrowth on walkways to Allen School Elementary. Meters are being changed to smaller sizes in ho es of monetary savings. The most noticeable impact is overgrown weeds and brush on the irrigated slopes. Brown spots are starting to appear on the same slo es. Clearing of brush has slowed on the slopes and by the park on Paseo Del Rey causing overgrowth in weeds. Ruts located on Rice Canyon Trail need to be filled with stabilized DG and are being graded less often due to funding shortage. Drought resistant vegetation was added for water savings. City staff is currently working on applying for a grant to help fund additional brush clearance. Maintenance has been focused on the highly visible areas along East District 7 District 9 District 20 ~ Zone 2 District 20 - Zone 7 3-6 6/23/09, Item~ Page 7 of 8 H Street. Minimal fire clearance is being performed in this area. More brown patches are annearing along the slopes. District 23 Palm trees along Main Street leading up to Knott's Soak City and Cricket Wireless Amphitheatre are maintained less often. Overgrown plants and vegetation is appearing on the medians. No funding is available to replace stolen wire for decorative lighting of the median landscaping. ELMD No.1 - Zone A Minimal changes have occurred in this district. The trails along the northern boundary have begun to brown. Changes in service levels have allowed this district to recoun and stabilize its reserves. ELMD No.1 - Zone D Tar plant areas around the Salt Creek neighborhood are receiving less maintenance, which have caused some overgrowth around the fencing of the area. Slopes have begun to turn brown and tree trimming has decreased. These districts will continue to be monitored, and adjustments will be made, as necessary to ensure that adequate funding is available for continued maintenance. Standard Notice Process for Annual Levy The public hearing will be noticed pursuant to Government Code 6061, which requires that a notice be published in a newspaper of general circulation at least 10 days before the public hearing. Tonight's resolution approves this report and sets the date and time for a public hearing to consider the levy of assessments and the collection of the funds. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Council Member McCalU1 has property holdings within 500 feet of Open Space District 1, which is the subject of Resolution B of this action. Staff has reviewed the property holdings of the City Council and has found a conflict exists, in that Council Member Castaneda has property holdings within 500 feet of the Town Centre Maintenance District, which is the subject of Resolution C of this action. CURRENT YEAR FISCAL IMPACT Expenditures are recovered through the OSD collectible and reserves detailed on the District Cost Summary worksheets (Attachment 2). The current collectible amount will provide 52,803,852.30 in revenues. In some districts, current reserves are providing enough funds to cover budgeted expenditures. Other districts are limited in the maximum allowable assessment and cannot provide enough revenues to cover budgeted maintenance costs. All necessary steps will be taken to provide only the essential maintenance responsibilities in the areas where the maximum assessment cannot meet the budgeted maintenance costs. ONGOING FISCAL IMPACT None. 3-7 ATTACHMENTS 1. District Maps 2. District Cost Summaries Prepared by: Tessa Quicho. Administrative Analyst II. Engineering Department J: \EngineerlA GENDA ICAS2009106-23-09\FY09l 0 ROI Open Space Districts.doc 3-8 6/23/09, Item2- Page 8 of 8 ATTACHMENT 1 District Maps 3-9 ~~~ 0< ;\. \ "~\ I ~ / ,', \ "" '" _ c /-' ,q));:Z 'C~-\~ I ~ a Cjl/~ . " '2 .", \ "'"" "'~ "" ,,\00 01\ "Cl .~, 'I. ~" "" ,~' . I'" a ,V".' · '~ ~> '~ '" "~ ,v V D k; ., - :"',t" '::''' ""~ ,,' '" "lO '* u' '0&f / ~ <.'" ~ " 'nyj$f!&JIJ!J:" ,,""& ~, ~, .~~) ~ &)~ ~~ ~,"'" ~~ )) ~. ~':A~" Q.C>.'<< .I \1 i!!>~ "",,""" ~ ",,:\' 0 Y;!,,0 (1 If:. m~ ~ \ .....t ~ ~"o/; .,., ~ f(. 3~'. I:('/~ ft: ~ ~~ 'h. ~\&ofJ ~'i' ~~~~<< ~~ ~~". ~~ /'[('<'11 'X ~ iT?-. ~.;,.,~ ~" .' 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'j.:, I~ ~ ~ C! ~ \ ~:[::)::::'<-: r---- '\-~',.&'11 ,IF- f^it l.\~ 1 c t'-y', ~,';., I-' ,\11111 ";;:. ~ y r~ w: JnnTfTt:- .X ____ I I -11 ,. ;' - y", 11111\ -l~\-/Y:' - ~ If.) ~m~~li. ---J~\-\Ir '\\\IIII~ ,~'" <<(-: 'Ik 1 Irjr-;m ~:\. .IW',-- \&lJ$>~~ ~\ At~~ ~~-' ~~ -' \\[~~ V ~ -'rJ!fi(~ '<7" :\ '~ <;yRA,Pii ~ ~ Ji "-l r0 . ,,( .; - :XJ -I), r(\ ~ ~ _ N'r'g" ~ IDA t&J-: <CiY I/k" t~~A^,\+B'0'\\W' i"gr","~ '..' .~ /, \ \. [7'~ ~~-\ .i&~ 4 ~ ~ - " )\~_~~:~~ ~~~ ~?, ~0~" , ~ \': ~~ ~~ (f ~' ~~/Jii .!r 1~~\'0r:\\- \~u r6r,\~\\ \ \ \\\ ltn1\l ~~ k\ ~\~ IIIIIII~" )y;0,,~J~~ v DATE: 418/03 NOTES: Q nlLE: District # 10 - . 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I ::::::t --\.. -i -1, -i.l,..J,-,I- - - r - - -\- --\-::: L-LLll ---Y-\ --I- j -1t=-:='I-\:::: t ~mlllllll~~~ I m ~ \'2? a .-0\ m\-lLLL 1 J Jl ~ ~ \ ~~-.G-\,1ilJ.LL . ~I~ . -. 17 v ~~ 1\ '" ;:i '----~ r-: \ ~ >= ". "' o w ~ Ui c.. ~ ~ o a. ~ j S"\ DATE: 4/10/03 NOTES: Q TITLE: District #33 - Broadway Business Home Village ~!~ :;-- ~ a, Of mUlA VISTA PREPARED BY: T.M. Not to Scala ____--- ,.-'___ \_ -__ \ , '.__..--'- - .- '. .., --.-.....-----1- ._ - _~_--- -:' _ --- .............. ....- _---. .---.. ~- ----- ...-i---::'--- .----'-..... --.....,..--- .....----- --------.----- - .------. '. --~~-------. -:. ::..---:--=.. ,...-----\---:- --- .---~ '--- ' ~ -" .-..-- --- ----... ~-- ---;....--_. .-.---:-. \ -- ------. -.::-- ~/ . ~------.-- . >--::./ ':::--\----, ---'------ .,.....-:--. \ ...."""- ...---...... .- --~. ~ \ .....--- '------ ',--'- -- '--:'---', '...----. --- ~--/-._/.; ..,.<.-::-- ~ ----:::::.. 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ATTACHMENT 2 District Cost Summaries 3-34 CITY OF CHlJLA VISTA OSD 1 (EI Rancho del Rey Units 1-4) 2009/10 Fiscal Year District Cost Summary ., Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertsing Transfer: Corporate Yard Debt Services Storm Maintenance Specialized Services Special Maintenance Fund Estimated Maintenance Cost Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) (4) Collectible/EDU Percent change from prior year Misc. Adjustments COl.L:ECTIBL:E "even ,$ amount,',:, Revenue from even dollar payment ssessment,wlt Percent change frem prior year I'. 1'1 $0.00 716.00 1,400.00 24,042.00 1,270.00 15,200.00 22,491.00 980.00 4,523.00 0.00 25,400.00 0.00 0.00 0.00 0.00 0.00 1,300.00 0.00 $97,322.00 $0.00 $0.00 716.00 716.00 1,400.00 1,400.00 20,041.00 21,041.00 1,270.00 1,270.00 11,887.00 11,217.00 21,420.00 20,398.00 980.00 980.00 4,523.00 4,522.00 0.00 0.00' 5,400.00 2,525.00 980.00 1,129.00 0.00 0.00 0.00 0.00 0.00 527.00 0.00 0.00 0.00 0.00 0.00 0.00 $68,617.00 $65,725.00 $68,617.00 $59,481.13 100% 90.50% 20,000.00 0.00 84.809.19 50.949.62 $72,424.81 $74,256.51 657.65 657.65 $110.13 $112.91 ,2% 32% $0.00 ($0.03) $72,341.50 $74,314.42 $118.26 $117.54 4% 5% $70,071.84 72% 0.00 94.257.67 $73,136.17 657.65 $111.21 1% $0.00 42% (1) Reserve Requirement = Estimated Ma(ntenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reselife ~ Fund Balance (4) EDU's have been projected based upon fiscal Year 2008/09 information (5) CPI Change for Fiscal Year 2009/201 0 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-35 CITY OF CHULA VISTA OSD 2 (Lark Haven) 2009/10 Fiscal Year District Cost Summary Misc. Adjustments II;" , $0.00 $0.00 $0.00 360.00 360.00 228.00 0.00 0.00 0.00 3,622.00 3,018.00 3,018.00 1 ,500.00 1 ,500.00 1,160.00 2,691.00 2,746.00 3,219.00 5,544.00 5 ,280.00 5,029.00 337.00 337.00 337.00 836.00 836.00 836.00 0.00 0.00 0.00 494.00 494.00 494.00 0.00 210.00 247.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 123.00 0.00 0.00 0.00 200.00 0.00 0.00 0.00 0.00 0.00 $15,584.00 $14,781.00 $14,691.00 $13,558.08 $14,041.95 $7,639.32 87% 95% 52% 0.00 0.00 0.00 15.834.60 15.346.00 9.359.91 $13,307.48 $13,476.95 $12,970.41 249 249 249 $53.44 $54.12 $52.09 -1% 4% 2% $0.00 $0.00 $0.00 $13,446.00 $13,197.00 Personnel Services Utility Charges Trash Collection & Disposai Fees Water Charges Services to maintain structures, grounds City Staff Services Contractuai Services Landscape Supplies Materials to maintain structures, grounds Backftow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Specialized Services Speciai Maintenance Fund Estimated Maintenance Cost Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) (4) Collectible/EDU Percent change from prior year COLLECTIBLE ,.even$"amount": :::.: .. Revenue from even dollar payment Percent change from prior year 5% ssessment Wit 3% (1) ReseNe Requirement == Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment == Estimated Maintenance Cost + ResefVe Requirement + Special Reserve ~ Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPI Change for Fiscal Year 2009/2010 == 0.62% (6) Delinquency Rate is as of 5/15/2009 3-36 CITY OF CHULA VISTA OSD 3 (Rancho Robinhood Units 1 & 2) 2009/10 Fiscal Year District Cost Summary Personnel Services $0.00 $0.00 $0.00 Utility Charges 835.00 835.00 835.00 Trash Collection & Disposal Fees 500.00 500.00 1,400.00 Water Charges 16,070.00 15,080.00 16,580.00 Services to maintain structures, grounds 0.00 990.00 990.00 City Staff Services 7,622.00 8,224.00 9,340.00 Contractual Services 16,000.00 16,000.00 20,400.00 Landscape Supplies 0.00 0.00 207.00 Materials to maintain structures, grounds 1,000.00 1,000.00 3,997.00 Backfiow Certification 0.00 0.00 0.00 Professional Services 1,000.00 1,000.00 3,008.00 Supplementals 0.00 625.00 946.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 432.00 Specialized Services 600.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 6,635.00 Estimated Maintenance Cost $43,627.00 $44,254.00 $64,770.00 Reserve Requirement (1) $7,525.66 $13,276.20 $0.00 Reserve Percent 17.25% 30% 0.00% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 3,558.34 10.058.59 10,765.04 Net Assessment (3) $47,594.32 $47,471.61 $54,004.96 Equivalent Dwelling Units (EDU's) (4) 127 127 127 Collectible/EDU $374.76 $373.79 $425.24 Percent change from prior year 0% -12% 21% Misc. Adjustments $0.00 ($1.27) $0.00 COl..L:EcTIBL:E:;,eYen:$'arnbUht' '.4 Revenue from even dollar payment $47,625.00 $47,401.48 $46,342.30 ssessment Wit $375.56 $373.25 -1% -32% 23% (1) Reserve Requirement == Estimated Maintenance Cost x Reserve Percent (2} The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment == Estimated Maintenance Cost + Reserve Requirement + Special Reserve - Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPI Change for Fiscal Year 2009/201 0 == 0.62% (6) Delinquency Rate is as of 5/15/2009 3-37 CITY OF CHULA VISTA OSD 4 (Bonita Ridge) 2009/10 Fiscal Year District Cost Summary (;OLLECTIBLE - even;$~amount> << "<:::;;<:i< Revenue from even dollar payment $0<00 $0<00 $0<00 1,62UO 1,62UO 1,62LOO 1,400<00 1,400<00 1,400<00 20,610<00 17,175<00 17,175<00 960<00 960<00 960<00 13,952.00 13,837.00 13,142.00 40,100.00 38,190.00 36,374.00 1,103.00 1,103.00 1,103.00 5,774.00 5,774.00 5,774.00 0.00 0.00 0.00 8,065.00 5,065.00 3,065.00 0.00 1,250.00 1,329.00 0.00 0.00 0<00 0.00 0.00 0.00 0.00 0.00 636.00 1,200.00 0.00 0.00 0.00 0<00 0.00 0<00 0.00 0.00 $94,785.00 $86,375.00 $82,579.00 $74,880.15 $86,375.00 $65,206.86 79% 100% 79% 0.00 0.00 0.00 87,705.88 91.303.65 66.848.20 $81,959.27 $81,446.35 $80,937.66 210 210 210 $390.28 $387.84 $385.42 1% 1% 7% $0.00 $0.00 $0.00 $82,110.00 $80,938.20 $396.68 $394.24 10% 5% 12% Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) (4) Collectible/EDU Percent change from prior year Misc. Adjustments Percent change from prior year (1) Reserve Requirement::: Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19. 2009. (3) Net Assessment::: Estimated Maintenance Cost + Reserve Requirement... Special Reserve - Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPl Change for Fiscal Year 2009/2010::: 0.62% (6) Delinquency Rate is as of 5/15/2009 3-38 CITY OF CHULA VISTA OSD 5 (Southbay Villas) 2009/10 Fiscal Year District Cost Summary fl' I' Percent change from prior year 65% $0,00 $0,00 245,00 245,00 280.00 280.00 9,817,00 11,817,00 1,010.00 1,010,00 7,083,00 7,448,00 13,250,00 12,615,00 947,00 947,00 2.010,00 2,010,00 0,00 0,00 5,000,00 2,000,00 575,00 659,00 0,00 0,00 0,00 0,00 0,00 338,00 0,00 0,00 0,00 0.00 0,00 0,00 $40,217,00 $39,369,00 $40,217,00 $39,369,00 100% 100% 20,000,00 0,00 59 , 104,33 34,933,69 $41,329,67 $43,804.31 122 122 $338,77 $359,05 -6% 58% $0,00 $0,00 $41,358,00 $43,920,00 $386,82 $384.44 2% Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backftow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0,00 245,00 280,00 11,817,00 1,010,00 10,382,00 13,913,00 947,00 2,010,00 0,00 25,000,00 0,00 0,00 0,00 0,00 800,00 0,00 0,00 $66,404,00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $43,162,60 65% 0,00 67.238,34 $42,328.26 Equivalent Dwelling Units (EDU's) (4) 122 Collectible/EDU Percent change from prior year $346,95 2% Mise, Adjustments $0,00 COLLECTIBLE, even,S 'amount .',' . Revenue from even dollar payment ssessment WIt $42,334,00 (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve - Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 i~formation (5) CPl Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15f2009 3-39 CITY OF CHULA VISTA OSD 6 (Hilltop Vista) 2009/10 Fiscal Year District Cost Summary II', {"I $0.00 313.00 280.00 7,334.00 1,010.00 4,492.00 6,070.00 311.00 2,010.00 0.00 500.00 350.00 0.00 0.00 0.00 0.00 0.00 0.00 $22,670.00 $0.00 313.00 280.00 6,559.00 1,010.00 4,190.00 5,782.00 311.00 2,010.00 0.00 494.00 339.00 0.00 0.00 171.00 0.00 0.00 0.00 $21,459.00 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Maintenance Special Maintenance Fund Est/mated Maintenance Cost $0.00 313.00 280.00 8,834.00 1,010.00 5,544.00 6,374.00 311.00 2,010.00 0.00 6,500.00 0.00 0.00 0.00 0.00 500.00 0.00 0.00 $31,676.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $26,291.08 83% 0.00 30,603.35 $27,363.73 $22,670.00 100% 10,000.00 29.102.63 $26,237.37 $21,459.00 100% 0.00 16,563.72 $26,354.28 Equivalent Dwelling Units (EDU's) (4) 162 162 162 Collectible/EDU Percent change from prior year $168.91 4% $161.96 0% $162.68 45% Misc. Adjustments $0.00 $0.00 $0.00 COLLECJIBLE:',even'$,amounl'" ...;:: ,: Revenue from even dollar payment $27,378.00 $26,406.00 $191.29 $190,11 Percent change from prior year 40% 6% 11% (1) Reserve Requirement 0:: Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19,2009, (3) Net Assessment;: Estimated Maintenance Cost + Reserve Requirement -+ Special ReS8f\le _ Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information ' (5) CPI Change for Fiscal Year 2009/201 0 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-40 CITY OF CHULA VISTA OSD 7 (Zenith Units 2, 3 & 4) 2009/10 Fiscal Year District Cost Summary II; I" Personnel Services $0.00 $0.00 Utility Charges 211.00 211.00 Trash Collection & Disposal Fees 0.00 0.00 Water Charges 4,550.00 4,550.00 Services to maintain structures, grounds 540.00 540.00 City Staff Services 3,183.00 3,012.00 Contractual Services 1 ,966.00 1,966.00 Landscape Supplies 234.00 234.00 Materials to maintain structures, grounds 2,065.00 2,065.00 Backfiow Certification 0.00 0.00 Professional Services 500.00 500.00 Supple menta Is 0.00 180.00 Other Commodities 0.00 0.00 Advertising 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 Specialized Services 250.00 0.00 Storm Maintenance 0.00 0.00 Special Maintenance Fund 0.00 0.00 Operating Reserve Collection 0.00 0.00 Estimated Maintenance Cost $13,499.00 $13,258.00 Reserve Requirement (1) $6,074.55 $8,352.54 Reserve Percent 45% 63% Special Reserve 0.00 0.00 Fund Balance (2) 5.562.21 7,909.59 Net Assessment (3) $14,011.34 $13,700.95 Equivalent Dwelling Units (EDU's) (4) 104 104 Collectible/EDU $134.72 $131.74 Percent change from prior year 2% 2% Misc. Adjustments $0.00 $0.00 C9lLECrlj:llE -,:even $..~,mount . "C. ". Revenue from even dollar payment $13,89752 $13,728.00 $133.63 Percent change from prior year DelirlqllencYR.~te) 6 2% -27% (1) Reserve Requirement -= Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve - Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPI Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5115/2009 3-41 ",,;..., $0.00 211.00 0.00 4,550.00 540.00 3,096.00 4,321.00 234.00 2,065.00 0.00 500.00 242.00 0.00 0.00 116.00 0.00 0.00 0.00 2.221.00 $18,096.00 $3,619.20 20% 0.00 8.247.32 $13,467.88 104 $129.50 3% $0.00 $13,503.36 $132.81 28% CITY OF CHULA VISTA OSD 8 (Rancho Robinhood Unit 3) 2009/10 Fiscal Year District Cost Summary Equivalent Dwelling Units (EDU's) (4) 110 I t'f II;, ' $0.00 $0.00 404.00 404.00 280.00 280.00 16,900.00 16,020.00 1,030.00 1,030.00 10,467.00 10,120.00 28,290.00 26,940.00 422.00 422.00 2,925.00 2,925.00 0.00 0.00 2,240.00 1,240.00 920.00 1,004.00 0.00 0.00 0.00 0.00 0.00 480.00 0.00 0.00 0.00 0.00 0.00 0.00 $63,878.00 $60,865.00 $61,322.88 $49,909.30 96% 82% 0.00 0.00 60278.52 45,809.97 $64,922.36 $64,964.33 110 110 $590.20 $590.58 0% 3% $0.00 $0.00 $65,010.00 $65,010.00 $610.45 $606.70 5% 9% Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 404.00 280.00 20,200.00 1,030.00 11,183.00 29,705.00 422.00 2,925.00 0.00 7,240.00 0.00 0.00 0.00 0.00 1,000.00 0.00 0.00 $74,389.00 Reserve Requirement (1) Reserve Percent Speciai Reserve Fund Balance (2) Net Assessment (3) $40,913.95 55% 0.00 49,18859 $66,114.36 Collectible/EDU Percent change from prior year $601.04 2% Misc. Adjustments $0.00 C,OL,LECTIBLE "even;$,amount..\ ,," .,' Revenue from even dollar payment $66,220.00 ssessment WIt 16% Percent change from prior year (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on Ma'l19, 2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve - Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPI Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of Sf15/2009 3-42 CITY OF CHULA VISTA OSD 9 (EI Rancho del Rey) 2009/10 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Maintenance Special Maintenance Fund Operating Reserve Collection Estimated Maintenance Cost II:, 1~ ' $0.00 $0.00 442.00 442.00 1,020.00 1,020.00 23,595.00 19,595.00 980.00 980.00 13,090.00 8,368.00 20,817.00 19,817.00 0.00 0.00 4,400.00 4,400.00 0.00 0.00 15,540.00 3,540.00 0.00 875.00 0.00 0.00 0.00 0.00 0.00 0.00 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $80,884.00 $59,037.00 $59,854.16 $59.037.00 74% 100% 0.00 10.000.00 79.147.39 69.053.61 $61,590.77 $59,020.39 384 384 $160.39 $153.70 4% -8% $0.00 $0.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) (4) Collectible/EDU Percent change from prior year Misc. Adjustments COllECTIBlE c.eyen $ amount,' .... Revenue from even dollar payment $59,136.00 $61,824.00 $173.01 37% .33% Percent change from prior year (1) Reserve Requirement = Estimated MaintenaflC8 Cost x Reserve Percent (2) The estimated June 30,2009 fund balance was projected on May 19, 2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve ~ Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPI Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-43 I: ' ,iw $0.00 442.00 2,520.00 22,095.00 980.00 13,027.00 27,991.00 1,005.00 4,400.00 0.00 3,540.00 1,337.00 0.00 0.00 618.00 0.00 0.00 0.00 10.365.00 $88,320.00 $14,572.80 16.5% 0.00 38.567.16 $64,325.64 384 $167.51 3% $0.00 $64,550.40 $171.95 19% CITY OF CHULA VISTA OSD 10 (EI Rancho del Rey 6 & Cassa del Rey) 2009/10 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00' 383.00 840.00 20,795.00 850.00 12,562.00 40,026.00 739.00 2,575.00 0.00 4,170.00 0.00 0.00 0.00 0.00 1,000.00 0.00 0.00 $83,940.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $65,473.20 78% 0.00 73.550.98 $75,862.22 Equivalent Dwelling Units (EDU's) (4) 655.76 Collectible/EDU Percent change from prior year $115.69 0% Misc. Adjustments $0.00 C,OL:tEC1;lBtE'-"eyen $ amo.tint ,;"'. ....' , Revenue from even dollar payment $76,068.16 Percent change from prior year 6% $0.00 $0.00 383.00 383.00 840.00 840.00 17,295.00 16,295.00 850.00 850.00 12,840.00 13,261.00 38,120.00 36,304.00 739.00 739.00 2,575.00 2,575.00 0.00 0.00 4,170.00 3,470.00 1,150.00 1,330.00 0.00 0.00 0.00 0.00 0.00 647.00 0.00 0.00 0.00 0.00 0.00 0.00 $78,962.00 $76,694.00 $71,065.80 $53,685.80 90% 70% 0.00 0.00 74,415.96 56,429.93 $75,611.84 $73,949.87 655.76 655.76 $115.30 $112.77 2% 3% $0.00 $0.00 $75,412.40 $74,100.88 $116.74 $116.Q3 3% 4% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19,2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve. Fund Balance (4) EOU's have been projected based upon Fiscal Year 2008/09 information (5) CPI Change for Fiscal Year 2009/201 0 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-44 CITY OF CHULA VISTA OSD 11 (Hidden Vista Village) 2009/10 Fiscal Year District Cost Summary . Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractuai Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivaient Dwelling Units (EDU's) (4) Collectible/EDU Percent change from prior year Misc. Adjustments C.QLLECTIBLE - even $ amount. ,:, ':.' ..' Revenue from even dollar payment ssessment WIt Percent change from prior year II' , . ":" , $0.00 $0.00 $0.00 687.00 687.00 687.00 4,480.00 4,480.00 4,480.00 33,866.00 28,216.00 27,216.00 10,000.00 10,000.00 10,000.00 27,847.00 25,694.00 24,599.00 58,170.00 55,400.00 52,763.00 711.00 711.00 711.00 8,630.00 8,630.00 8,630.00 0.00 0.00 0.00 31,600.00 14,600.00 10,242.00 0.00 2,100.00 2,548.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,205.00 2,200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $178,191.00 $150,518.00 $143,081.00 $137,207.07 $150,518.00 $127,342.09 77% 100% 89% 0.00 30,000.00 0.00 177.108.13 197,499.24 120,352.58 $138,289.94 $133,536.76 $150,070.51 1,321.04 1,321.04 1,321.04 $104.68 $101.08 $113.60 4% -11% 64% $0.00 ($0.08) $0.00 $138,709.20 133,424.96 $118.13 $117.41 18% 5% 2% (1) Reserve Requirement:::: Estimated Maintenance Cost x ReSer\l8 Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve - Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPl Change far Fiscal Year 2009/2010:::: 0.62% (6) Delinquency Rate is as of 5/15/2009 3-45 CITY OF CHULA VISTA OSD 14 (Bonita Long Canyon) 2009/10 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 2,045.00 5,600.00 117,205.00 3,150.00 56,432.00 140,470.00 3,176.00 12,940.00 0.00 42,115.00 0.00 0.00 0.00 0.00 4,600.00 0.00 0.00 $387,733.00 Equivalent Dwelling Units (EDU's) (4) 863 $0.00 $0.00 2,045.00 2,045.00 5,600.00 5,600.00 97,705.00 97,705.00 3,150.00 3,150.00 53,779.00 54,281.00 133,770.00 127,397.00 3,176.00 3,176.00 12,940.00 12,940.00 0.00 0.00 22,115.00 12,115.00 5,000.00 5,605.00 0.00 0.00 0.00 0.00 0.00 2,732.00 0.00 0.00 0.00 0.00 0.00 0.00 $339,280.00 $326,746.00 $305,352.00 $248,326.96 90% 76.0% 0.00 0.00 322,493.15 257 ,296,41 $322,138.85 $317,776.55 863 863 $373.28 $368.22 1% 3% $0.00 ($8.63) $321,899.00 $318,429.74 $379.78 $377 .44 4% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $290,799.75 75% 0.00 352,951.56 $325,581.19 CollectiblelEDU Percent change from prior year $377.27 1% Misc. Adjustments $0.00 COLLECTIBLE:',.even $ amount'}::;}.;: .R Revenue from even dollar payment $326,214.00 Percent change from prior year 14% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19,2009, (3) Net Assessment::: Estimated Maintenance Cost + Reserve Requirement + Spedal Reserve - Fund Balance (4) ~DU's have been projected based upon Fiscal Year 2008/09 information (5) CPI Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-46 " . . " II; I' . $0.00 $0.00 179.00 179.00 1,400.00 1,400.00 6,600.00 5,500.00 800.00 800.00 5,843.00 4,175.00 4,505.00 4,290.00 204.00 204.00 1,710.00 1,710.00 0.00 0.00 12,620.00 2,620.00 0.00 310.00 0.00 0.00 0.00 0.00 0.00 0.00 500.00 0.00 0.00 0.00 0.00 0.00 $34,361.00 $21,188.00 $21,097.65 $21,188.00 61% 100% 0.00 6,000.00 36,218.45 28.229.92 $19,240.20 $20,146.08 57 57 $337.55 $353.44 -4% 0% $0.00 $0.00 CITY OF CHULA VISTA OSD 15 (Bonita Haciendas) 2009/10 Fiscal Year District Cost Summary ,.;. If>! Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) (4) Collectible/EDU Percent change from prior year Misc. Adjustments COLLECTIBLE, even $ amount. ... Revenue from even dollar payment $19,266.00 62% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement -+- Special Reserve - Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information (S) CPI Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-47 $20,178.00 $364.36 $0.00 179.00 280.00 7,000.00 800.00 4,223.00 4,087.00 204.00 1,710.00 0.00 1,120.00 322.00 0.00 0.00 172.00 0.00 0.00 0.00 $20,097.00 $15,273.72 76% 0.00 15.210.07 $20,160.65 57 $353.70 47% $0.00 $20,178.00 $362.12 5% 9% CITY OF CHULA VISTA OSD 17 (Bel Air Ridge) 2009/10 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 0.00 560.00 0.00 0.00 2,088.00 1,250.00 550.00 3,100.00 0.00 0.00 0.00 0.00 0.00 0.00 200.00 0.00 0.00 $7,748.00 Equivalent Dwelling Units (EDU's) (4) 46 $0.00 $0.00 0.00 0.00 560.00 560.00 0.00 0.00 0.00 0.00 968.00 1,240.00 1,250.00 1,190.00 550.00 550.00 100.00 100.00 0.00 0.00 0.00 0.00 50.00 67.00 0.00 0.00 0.00 0.00 0.00 46.00 0.00 0.00 0.00 0.00 0.00 0.00 $3,478.00 $3,753.00 $3,4 78.00 $3,002.40 100% 80% 3,000.00 0.00 4,864.89 1.451.54 $5,091.11 $5,303.86 46 46 $110.68 $115.30 -4% 42% $0.00 $0.00 $5,106.00 $5,336.00 $174.41 $173.34 -14% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $5,113.68 66% 0.00 7 .515.42 $5,346.26 Collectible/EDU Percent change from prior year $116.22 5% Misc. Adjustments $0.00 C.OllECTIBlE oeven.$ amounF" ";~.;..' Revenue from even dollar payment $5,382.00 Percent change from prior year 123% (1) Reserve Requirement = Estimated Maintenance Cost x Resef\le Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment:;: Estimated Maintenance Cost + Reserve Requirement + Special Reserve ~ Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPI Change for Fiscal Year 200912010 -:! 0.62% (6) Delinquency Rate is as of 5/15/2009 3-48 CITY OF CHULA VISTA OSD 18 (Rancho del Sur) 2009/10 Fiscal Year District Cost Summary "..~.2t#K;;;;~:.' J- '!.'T ~ ~~~ ",rl, I' ,,'II II " : '0. , Personnel Services $0.00 $0.00 $0.00 Utility Charges 996.00 996.00 996.00 Trash Collection & Disposal Fees 0.00 0.00 0.00 Water Charges 45,600.00 38,000.00 36,000.00 Services to maintain structures, grounds 5,870.00 5,870.00 5,870.00 City Staff Services 19,285.00 19,475.00 24,303.00 Contractual Services 44,835.00 42,700.00 40,671.00 Landscape Supplies 986.00 986.00 986.00 Materials to maintain structures, grounds 6,875.00 6,875.00 6,875.00 Backfiow Certification 0.00 0.00 0.00 Professional Services 4,450.00 4,450.00 3,450.00 Supplementals 0.00 1,800.00 2,095.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 1,207.00 Specialized Services 1,600.00 0.00 0.00 Storm Maintenance 0.00 0,00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $130,497.00 $121,152.00 $122,453.00 Reserve Requirement (1) $110,922.45 $96,921.60 $91,839.75 Reserve Percent 85% 80% 75% Special Reserve 0.00 0.00 0.00 Fund Balance (2) 125.921.33 108,205.58 118.146.00 Net Assessment (3) $115,498.12 $109,868.02 $96,146.75 Equivalent Dwelling Units (EDU's) (4) 435 435 435 Collectible/EDU $265.51 $252.57 $221.03 Percent change from prior year 5% 14% 15% Misc. Adjustments $0.00 $0.00 $0.00 (t) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30. 2009 fund balance was projected on May 19, 2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve. Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) cpr Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-49 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 1) 2009/10 Fiscal Year District Cost Summary 'illfiltL ;;~~'k, ~s~." ~L II' !lI '~, 'I II . ' ,; Personnel Services $0,00 $0,00 $0,00 Utility Charges 0,00 0,00 0,00 Trash Collection & Disposal Fees 0,00 0,00 0,00 Water Charges 0,00 0,00 0,00 Services to maintain structures, grounds 0,00 0,00 0,00 City Staff Services 5,334,00 5,824,00 7,368,00 Contractual Services 0,00 0,00 0,00 Landscape Supplies 0;00 0,00 0,00 Materials to maintain structures, grounds 0,00 0,00 0,00 Backflow Certiflcation 0,00 0,00 0,00 Professional Services 0,00 0,00 0.00 Supplementals 0.00 850,00 876.00 Other Commodities 0.00 0.00 0,00 Advertising 0.00 0.00 0,00 Transfer: Corporate Yard Debt Services 0,00 0.00 416.00 Specialized Services 500.00 0.00 0.00 Storm Water Maintenance 25,000,00 25,000.00 40,000.00 Special Maintenance Fund 0.00 0.00 0,00 Estimated Maintenance Cost $30,834.00 $31,674.00 $48,660.00 Reserve Requirement (1) $30,834.00 $31,674.00 $8,660,00 Reserve Percent 100% 100% 100% Special Reserve 0,00 75,000.00 138,667.00 Fund Balance (2) 30,834,00 84,089.95 142.129,17 Net Assessment (3) $30,834.00 $54,258.05 $53,857.83 Equivalent Dwelling Units (EDU's) (4) 876,26 876.26 876.26 Collectible/EDU $35.19 $61.92 $61.46 Percent change from prior year -43% 1% 350% Mise, Adjustment $0,00 $0,04 ($10.95) <;:P~~EcTI.E!l:!Ej;;ley~nl$J.'i.rl,-o~i1t~1i,,{i ~"m-~1$36t9.o..! ;g;,~Y~$.62:9.o.l ~~~$_M!8.91 Revenue from even dollar payment $31,545.36 $54,328.16 $54,220.78 AS.,S.~SSM.~I-!]L'litii!!'!!"!~J:"'<':l'.iiW:~;!'1'm: ssessment WIt BKhJj~\~~"tr~E3~4f~~~7;~;O(o il[{E~tt:*~~fJM~}3l~1~'t1:1;3.iJ,% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment:::: Estimated Maintenance Cost + Reserve Requirement + Special Reserve - Fund Balance+Costs from monies previously collected + Amortized Costs (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPl Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-50 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 2) 2009/10 Fiscal Year District Cost Summary ~..;.. Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementa/s Other Commodities Advertisin9 Transfer: Corporate Yard Debt Services Storm Maintenance Specialized Services Special Maintenance Fund Operating Reserve Collection Estimated Maintenance Cost $0.00 $0.00 136.00 136.00 0.00 0.00 2,400.00 2,400.00 100.00 100.00 3,246.00 3,111.00 7,678.00 7,678.00 0.00 0.00 450.00 450.00 0.00 0.00 337.00 337.00 0.00 200.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 200.00 0.00 0.00 0.00 0.00 0.00 $14,547.00 $14,412.00 $0.00 $0.00 0% 0% 0.00 0.00 (27652.64\ (36,480.18\ $42,199.64 $50,892.18 3,959.38 3,959.38 $10.66 $12.85 -17% -36% $0.00 ($0.84) $19,08421 $19,004.18 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) (4) Collectible/EDU Percent change from prior year Misc. Adjustment COllECTIBlE.: even'S amo~nt "c:. Revenue from even dollar payment ssessment Wit 1% -79% Percent Change from prior year $0.00 136.00 280.00 5,400.00 250.00 6,663.00 19.519,00 460.00 950.00 0.00 1,337.00 622.00 0.00 0.00 362.00 0.00 0.00 0.00 31.330.46 $67,309.46 $0.00 0% 0.00 (12253.39\ $79,562.85 3,959.38 $20.09 94% ($21.75) $18,547.74 $4.80 90% (1) Reserve Requirement -= Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment:::: Estimated Maintenance Cost + Reserl/e Requirement... Special Reserve. Fund Bklance + Casts from monies previously collected + Amortized Casts (4) EDU's have been projected based upon Fiscal Year 2008/09 infonnation (5) CPI Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/1512009 3-51 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 3) 2009/10 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Specialized Services Transfer: Corporate Yard Debt Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 409.00 0.00 9,829.00 500.00 7,000.00 16,842.00 2,260.00 3,130.00 0.00 4,850.00 0.00 0.00 0.00 600.00 0.00 0.00 0.00 $45,420.00 Percent Change from prior year 15% $0.00 $0.00 409.00 409.00 0.00 0.00 8,189.00 8,189.00 500.00 500.00 6,649.00 5,618.00 16,040.00 15,275.00 2,260.00 2,260.00 3,130.00 3,130.00 0.00 0.00 1,850.00 1,050.00 570.00 629.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 303.00 0.00 0.00 0.00 0.00 $39,597.00 $37,363.00 $39,597.00 $37,363.00 100% 100% 0.00 0.00 44 .531 .42 44.518.22 $34,662.58 $30,207.78 6,142.50 6,142.50 $5.64 $4.92 15% 1% $0.02 $0.00 $36,855.04 $30,712.52 $6.89 $6.85 6% 2% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $36,336.00 80% 0.00 45.554.45 $36,201.55 Equivalent Dwelling Units (EDU's) (4) 6,142.50 Collectible/EDU Percent change from prior year $5.89 4% Misc. Adjustments $0.00 COI.!.LECTIE!L~'", even;$ ar[lOunt ""~',:" Revenue from even dollar payment $36,855.02 ssessment Wit (1) Reserve Requirement == Estimated Maintenance Costx Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment := Estimated Maintenance Cost + Reserve Requirement + Special Reserve - Fund Balance + Costs from monies previously collected + Amortized Costs (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPl Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-52 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 4) 2009110 Fiscal Year District Cost Summary sonnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professionai Services Suppiementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Speciaiized Services Storm Maintenance Special Maintenance Fund Operating Reserve Collection Estimated Maintenance Cost $0.00 $0.00 1,200.00 1,200.00 280.00 280.00 28,795.00 23,995.00 1,869.00 1,869.00 20,971.00 14,202.00 33,915.00 32,300.00 860.00 860.00 2,380.00 2,380.00 0.00 0.00 44,000.00 4,000.00 0.00 1,180.00 0.00 0.00 0.00 0.00 0.00 0.00 1,800.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $136,070.00 $82,266.00 $136,070.00 $55,118.22 100% 67% 0.00 0.00 136.070.00 92.551.65 $136,070.00 $137,384.89 2,602.49 2,602.49 $52.28 $52.79 -1% -37% $0.00 ($0.11) $137,931.97 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) (4) Collectible/EDU Percent change from prior year Misc. Adjustments <;:OLLECTIBLE,o even $amoun! .,.' .., Revenue from even dollar payment ssessment wIt Percent change from prior year -39% 65% $0.00 409.00 280.00 23,995.00 1,869.00 14,004.00 30,761.00 860.00 2,380.00 0.00 2,500.00 1,372.00 0.00 0.00 657.00 0.00 0.00 0.00 56.242.53 $135,329.53 $135,329.53 100% 64,032.00 115.503.69 $219,187.37 2,602.49 $84.22 250% $0.00 $135,329.48 $53.19 80% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19. 2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve. Fund Balance + Costs from monies previously collected + Amortized Costs (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPI Change for Fiscal Year 2009/2010:::: 0.62% (6) Delinquency Rate is as of 5/15/2009 3-53 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 5) 2009/10 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backflow Certiflcation Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 3,314.00 3,360.00 154,218.00 12,152.00 103,103.00 303,630.00 7,700.00 18,798.00 0.00 93,093.00 0.00 0.00 0.00 0.00 8,500.00 0.00 0.00 $707,868.00 Percent change ftom prior year 5% $0.00 $0.00 3,314.00 3,314.00 3,360.00 3,360.00 129,218.00 149,218.00 12,152.00 12,152.00 106,731.00 111,720.00 289,130.00 234,076.00 7,700.00 7,700.00 18,798.00 18,798.00 0.00 0.00 93,093.00 61,093.00 9,800.00 10,877.00 0.00 0.00 0.00 0.00 0.00 5,669.00 0.00 0.00 0.00 0.00 0.00 0.00 $673,296.00 $617,977.00 $336,648.00 $444,943.44 50% 72% 0.00 569,912.00 388.742.12 1.176.706.60 $621,201.88 $456,125.84 1,795 1,795 $346.07 $254.11 36% 3% $0.00 $0.00 $622,865.00 $457,725.00 $387.01 $384.63 9% 4% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $368,091.36 52% 0.00 421.734.11 $654,225.25 Equivalent Dwelling Units (EDU's) (4) 1,795 Collectible/EDU Percent change from prior year $364.47 5% Misc. Adjustments $0.00. CpLLECTIBLE.',ev'en'S'amount~. " c.," Revenue from even dollar payment $655,175.00 ssessment Wit (1) Reserve Requirement == Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19,2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve - Fund Balance + Costs from monies previously collected + Amortized Costs (4) EDU's have been projected based upon Fiscal Year Z008/09 information (5) CPI Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-54 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 6) 2009/10 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Maintenance Special Maintenance Fund Estimated Maintenance Cost Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) (4) Collectible/EDU Percent change from prior year Misc. Adjustment COLLECTIBLE.-even $.amount-.. . Revenue from even dollar payment ssessment WIt Percent change from prior year II' 1_. It; J' , . I ~ , $0.00 818.00 2,240.00 30,200.00 9,690.00 19,747.00 46,379.00 1,700.00 2,150.00 0.00 4,400.00 2,112.00 0.00 0.00 941.00 0.00 0.00 0.00 $120,377.00 $114,358.15 95% 0.00 127.858.4 7 $106,876.68 568.21 $188.09 32% ($0.01) $117,051.26 $107,391.68 $295.54 4% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve - Fund Balance + Costs from monies previously collected + Amortized Costs (4) EDU's have been projected based upon Fiscal Year 2008109 information (5) CPI Change for Fiscal Year 2009/2010::: 0.62% (6) Delinquency Rate is as of 5/15/2009 $0.00 818.00 2,240.00 36,200.00 9,690.00 19,952.00 50,610.00 1,700.00 2,150.00 0.00 6,900.00 0.00 0.00 0.00 0.00 1,800.00 Cl.OO 0.00 $132,060.00 $81,877.20 62% 0.00 91.743.48 $122,193.72 568.21 $215.05 5% $0.00 $122,733.36 6% 3-55 $0.00 818.00 2,240.00 30,200.00 9,690.00 20,352.00 48,200.00 1,700.00 2,150.00 0.00 6,900.00 1,800.00 0.00 0.00 0.00 0.00 0.00 0.00 $124,050.00 $74,430.00 60% 0.00 81.597.55 $116,882.45 568.21 $205.70 9% $0.00 $297.37 3% CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 7) 2009/10 Fiscal Year District Cost Summary 'I: I' . I $0.00 1,159.00 2,240.00 66,760.00 17,150.00 45,066.00 110,319.00 3,750.00 10,140.00 0.00 16,810.00 4,892.00 0.00 0.00 2,231.00 0,00 0.00 0.00 118.414.47 $398,931.47 Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Bacl<flow Certiflcation Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Maintenance Special Maintenance Fund Operating Reserve Collection Estimated Maintenance Cost $0.00 1,159.00 560.00 62,760.00 3,000,00 41,141.00 115,835.00 1,000.00 5,140.00 0.00 45,000.00 0.00 0.00 0.00 0.00 3,200.00 0.00 0.00 0.00 $278,795.00 $0.00 1,159.00 560.00 62,760.00 3,000.00 32,047.00 89,850.00 1,000.00 5,140.00 0.00 0.00 2,900.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $198,416.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $214,672.15 77% 0.00 278.795.00 $214,672.15 $198,416.00 100% 45,000.00 227.979,07 $213,852.93 $0.00 0% 0.00 148.786.83 $250,144.64 Equivalent Dwelling Units (EDU's) (4) 1,176,789 1,176.789 1,176.79 Collec1ibleiEDU Percent change from prior year $182.42 0% $181.73 -15% $212.57 24% Misc. Adjustment $0.00 ($0.02) ($8.74) COLLECTIBLE',ev,en'$amounf,' '. Revenue from even dollar payment $209,871.76 $182.43 Percent change from prior year -50% 49% (1.) ReseNe Requirement -= Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19. 2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve. Fund Balance + Costs from monies previously collected + Amortized Costs (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPl Change for Fiscal Year 2009/2010 = 0.62'% (6) Delinquency Rate is as of 5115/2009 3-56 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 8) 2009/10 Fiscal Year District Cost Summary Misc. Adjustments It: I' , $0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,553.00 1,060.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100.00 0.00 3,000.00 3,000.00 0.00 0.00 $4,653.00 $4,060.00 $4,653.00 $4,060.00 100% 100% 0.00 10,000.00 4 653.00 13.310.10 $4,653.00 $4,809.90 118.82 118.82 $39.16 $40.48 -3% 27% $0.00 $0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 Personnel Services Utility Charges Trash Collection & Disposai Fees Water Charges Services to maintai~ structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Water Maintenance Special Maintenance Fund Estimated Maintenance Cost Reserve Requirement (1) Reserve Percent Speciai Reserve Fund Balance (2) Net Assessment (3) $0.00 75% 22,267.40 18.493.55 $3,773.85 Equivalent Dweilin9 Units (EDU's) (4) 118.82 Collectible/EDU Percent change from prior year $31.76 202% $0.00 COLLECTIBLE" even S'amount. Revenue from even dollar payment $4,752.80 $4,752.80 $3,802.24 15% $42.32 $42.06 ssessment wIt 3317% 0% (1) Reserve Requirement =: Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30,2009 fund balance was projected on May 19, 2009. (3) Net Assessment =: Estimated Maintenance Cost + Reserve Requirement + Special Reserve ~ Fund Balance + Costs from monies previously coUected + Amortized Costs (4) EDU's have been projected based upon Fiscal Year 2008109 information (5) CPl Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5115/2009 3-57 CITY OF CHULA VISTA OSD 20 (Rancho del Rey Zone 9) 2009/10 Fiscal Year District Cost Summary I:>..: :tf.l,", II' I' . I Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services' Contractuai Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Water Maintenance Special Maintenance Fund Estimated Maintenance Cost $0,00 0,00 0,00 0,00 0,00 1,280,00 1,435,00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 100.00 3,000.00 0.00 $5,815.00 Percent change from prior year -1% $0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 1,346.00 310.00 1,435.00 1,435.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 100.00 88.00 0.00 0.00 0,00 0.00 0.00 41.00 0.00 0.00 3,000.00 3,000.00 0.00 0,00 $5,881.00 $4,874.00 $0.00 $0.00 0% 0% 0.00 992.00 2,967.46 885,05 $2,913.54 $4,980.95 52.4611 52.46 $55.54 $94.95 -42% 204% ($0.96) ($2.21) $1,710.08 $33.39 -8% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $0.00 0% 0.00 3.518.64 $2,296.36 Equivalent Dwelling Units (EDU's) (4) 52.4611 Collectible/EDU Percent change from prior year $43.77 -21% Misc. Adjustment $0.00 COL",ECTIElLE,-,eveh $:amounl.'.. /'"",'-;;' Revenue from even dollar payment $1,762.17 (1) Reserve Requirement -= Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fun.d balance was projected on May 19, 2009. (3) Net Assessment = Estimated Maintenance Cost + Resel"'le Requirement + Special Reserve ~ Fund Balance + Costs from monies previously collected + Amortized Costs (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPI Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-58 CITY OF CHULA VISTA OSD 23 (Otay Rio Business Park) 2009/10 Fiscal Year District Cost Summary COLLECTIBl:i: ' even $ .amoullt :e.;. .;..:., Revenue from even dollar payment '4 " 'I:", " "" $0.00 $0.00 $0.00 936.00 936.00 936.00 560.00 560.00 560.00 7,169.00 7,169.00 7,669.00 440.00 440.00 490.00 9,409.00 10,246.00 9,467.00 29,459.00 29,459.00 30,932.00 660.00 660.00 660.00 900.00 900.00 1,500.00 0.00 0.00 0.00 7,500.00 7,500.00 7,980.00 0.00 850.00 1,100.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 440.00 0.00 0.00 0.00 800.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,078.71 $57,833,00 $58,720.00 $68,812,71 $37,157.70 $29,947.20 $5,849.08 64.25% 51% 8.50% 0.00 0.00 0.00 52,519.56 37,846.16 25,000.00 $42,471.14 $50,821,04 $49,661.79 90.06 90,06 90.06 $471.59 $564.30 $551.43 -16% 2% 4% $0.00 ($0.03) ($0.55) $42,508.32 $50,835.24 $49,697.26 $567.96 $564.46 -15% 13% Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Storm Maintenance Specialized Services Special Maintenance Fund Operatin9 Reserve Collection Estimated Maintenance Cost Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) (4) Collectible/EDU Percent change from prior year Misc. Adjustment (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19.2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve - Fund Balance (4) EOU's have been projected based upon Fiscal Year 2008109 information (5) CPt Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-59 CITY OF CHULA VISTA OSD 24 (Canyon View Homes) 2009/10 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Maintenance Special Maintenance Fund Est/mated Maintenance Cost $0.00 136.00 280.00 10,979.00 710.00 4,465.00 7,224.00 400.00 2,700.00 0.00 473.00 0.00 0.00 0.00 0.00 500.00 0.00 0.00 $27,867.00 Equivalent Dwelling Units (EDU's) (4) 40 $0.00 $0.00 136.00 136.00 280.00 280.00 9,179.00 9,179.00 710.00 710.00 4,443.00 4,647.00 6,880.00 6,555.00 400.00 400.00 2,700.00 2,770.00 0.00 0.00 473.00 473.00 370.00 427.00 0.00 0.00 0.00 0.00 0.00 221.00 0.00 0.00 0.00 0.00 0.00 0.00 $25,571.00 $25,798.00 $25,571.00 $21,928.30 100% 85.0% 0.00 0.00 31.303.60 26,815,00 $19,838.40 $20,911.30 40 40 $495.96 $522,78 -5% 8% $0.00 $0.00 $19,840.00 $20,920.00 $706.13 $701.78 -1% 7% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $27,072.79 97% 0.00 34,050.64 $20,889.15 Collectible/EDU Percent change from prior year $522.23 5% Misc. Adjustments $0.00 <::pLLECTlBLE o"even:$.,amou.nt' ::' <:' Revenue from even dollar payment $20,920.00 Percent change from prior year 9% (1) Reserve Requirement:::: Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement -+- Sp~cial Reserve - Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPt Change for Fiscal Year 2009/201 0 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-60 CITY OF CHULA VISTA OSD 26 (Park Bonita) 2009/10 Fiscal Year District Cost Summary !!!~~; .= I,' I' Personnel Services $0.00 $0.00 $0.00 Utility Charges 133.00 0.00 133.00 Trash Collection & Disposal Fees 0.00 0.00 0.00 Water Charges 2,898.00 2,418.00 1,918.00 Services to maintain structures, grounds 450.00 450.00 650.00 City Staff Services 2,706.00 1,853.00 1,767.00 Contractual Services 2,678.00 2,550.00 2,428.00 Landscape Supplies 200.00 200.00 200.00 Materials to maintain structures, grounds 770.00 770.00 770.00 Backflow Certification 0.00 0.00 0.00 Professional Services 2,600.00 600.00 600.00 Supplementals 0.00 130.00 138.00 Other 0.00 133.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 noo Specialized Services 200.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $12,635.00 $9,104.00 $8,676.00 Reserve Requirement (1) $10,423.88 $9,104.00 $7,808.40 Reserve Percent 83% 100% 90% Special Reserve 0.00 4,545.40 0.00 Fund Balance (2) 13.457.88 13.649.40 7.554.18 Net Assessment (3) $9,601.00 $9,104.00 $8,930.22 Equivalent Dwelling Units (EDU's) (4) 19 19 19 Collectible/EDU $505.32 $479.16 $470.01 Percent change from prior year 5% 2% 11% Misc. Adjustments $0.00 $0.00 $0.00 CQ~!:E;C]IB12E~eygn'$TamQuiitjjmFf!la'\l!~~T'~J?.o6:0.0~ ~'11;;rJft."ii!!:'~"f;\].$il.80:00J ,,~~HIO:.oOI Revenue from even dollar payment $9,614.00 $9,120.00 $8,930.00 A.,S.sES_S.I'<1E;I:J]~~~~mGl.'llt';;'_ Tg}~i!i'~$?54j:1.QI ~~~$??.o~7.!:l1 ~~$_?:l.8I~ ssessment Wit $554.20 $550.78 B;udge..!LEQUJ~~~ ~$665:00~ ~~~$479,t6.i ~IH5.6t6.3l Percent change from prior year 39% 5% 4% Q."li"H'IuiilfCyjl:lj:it"I(6)~~llll1lli!l~~ii~~~5'26:f;~ftil_5:26% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve - Fund Balance (4) EOU's have been projected based upon Fiscal Year 2008/09 infonnation (5) CPI Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-61 CITY OF CHULA VISTA OSD 31 (Telegraph Canyon Estates) 2009/10 Fiscal Year District Cost Summary II; I' Personnei Services $0.00 $0.00 $0.00 Utility Charges 3,500.00 3,500.00 3,550.00 Trash Collection & Disposal Fees 1,960.00 1,960.00 1,960.00 Water Charges 40,751.00 33,951.00 31,851.00 Services to maintain structures, grounds 4,000.00 4,000.00 4,900.00 City Staff Services 21,071.00 19,337.00 22,311.00 Contractual Services 33,779.00 32,170.00 30,634.00 Landscape Supplies 2,092.00 2,092.00 2,092.00 Materials to maintain structures, grounds 5,200.00 5,200.00 5,200.00 Backfiow Certification 0.00 0.00 0.00 Professional Services 25,150.00 13,150.00 13,150.00 Supplementals 0.00 1,700.00 2,068.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 1,083.00 Specialized Services 1,700.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $139,203.00 $117,060.00 $118,799.00 Reserve Requirement (1) $96,050.07 $117,060.00 $118,799.00 Reserve Percent 69% 100% 100% Special Reserve 0.00 11,000.00 0.00 Fund Balance (2) 139.20300 152,862.53 144.966.00 Net Assessment (3) $96,050.07 $92,257.47 $92,632.00 Equivalent Dwelling Units (EDU's) (4) 343 343 343 Collectible/EDU $280.03 $268.97 $270.06 Percent change from prior year 4% 0% 26% Misc. Adjustments $0.00 $0.00 $0.00 c:.QlltJ.i::CJIBI1E"feye:Ii;$f~m6Ui]tf'ff,j;~ Revenue from even dollar payment $96,383.00 $92,267.00 $92,610.00 ~?S.i::S,sIVli::~J,t\\~":~1i'J':!~~N,~ ?E",",~~~$57?'48f ;'~"fu;_;;:;l1JIl$568.:9.6, t"f;iltli?':;c:\~~iIf:'f'ill$556.!?3J ssessment Wit $572.48 $568.96 BJJ(jgW.EDU~li~.2<~~"!l'B;,:;ri!all!'~~$jlq5'.8_4J ~ii~;!ilffi$.341~2l!1 rt:l:n~'\1if"iJlI$M!l;:}5.; Percent change from prior year 1 9% -1 % 5% Delil1'9Yel1-c:Yl~_iit!>1(6hlillEr'c'l:ac1l'!iIi1ih~ ~~~ :lii;'illilt;1\\,!i~~;Q:~qc3:'1ci ~\1.'lE5:.!l9:'1. (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30. 2009 fund balance was projected on May 19, 2009. (3) Net Assessment = Estimated Maintenance Cost -1- Reserve Requirement -1- Special Reserve. Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 infoffilation (5) CPI Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-62 CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Zone A) 2009110 Fiscal Year District Cost Summary 'W'~""~iiffi" . . ~~l~~ t~f.~ II: I' li:.'ii.l,.,,'!!il"11 " ;!''vtt . .-;~~1t.>.:;i~, =---... Personnel Services $0.00 $0.00 $0.00 Utility Charges 1,637.00 1,637.00 1,637.00 Trash Collection & Disposal Fees 280.00 280.00 280.00 Water Charges 27,782.00 23,151.00 33,151.00 Services to maintain structures, grounds 1,900.00 1,900.00 1,900.00 City Staff Services 18,340.00 12,917.00 22,340.00 Contractual Services 41,920.00 39,924.00 52,089.00 Landscape Supplies 800.00 800.00 2,000.00 Materials to maintain structures, grounds 3,687.00 3,687.00 3,687.00 Backfiow Certification 0.00 0.00 0.00 Professional Services 20,000.00 2,000.00 800.00 Supplementals 0.00 1,300.00 2,211.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 1,133.00 Specialized Services 1,500.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Operating Reserve Collection 0.00 0.00 165.391.41 Estimated Maintenance Cost $117,846.00 $87,596.00 $286,619.41 Reserve Requirement (1) $58,923.00 $56,937.40 $0.00 Reserve Percent 50% 65% 0.0% Special Reserve 0.00 20,000.00 0.00 Fund Balance (2) 94.908.80 86.134.65 69,864.17 Net Assessment (3) $81,860.20 $78,398.75 $216,755.24 Equivalent Dwelling Units (EDU's) (4) 8,429.98 8,429.98 8,429.98 Otay Lakes Rd Collectible / EDU $2.50 $2.50 $2.50 Collectible/EDU $12.21 $11.80 $28.21 Percent change from prior year 3% -58% 130% Misc. Adjustment $0.00 (0.05) ($19.59) C.oL:,L:EcJIB,t:!E'O:ev''-n;$!aiT1"until1iJ;1f~"i',~ ~~~/(/~~,$1.3:0m 1i.Yffii;'j,/~~:i'f*J12:,O.of :'i'ii'4ilil.T,!l;l!'ij;;;:i*~$.12~7.4~ Revenue from even dollar payment $109,589.78 $101,159.74 $107,378.36 AS~ES~MENl:~~;:~~~ '!IJ1!'!!i!il.~~$J.3L1,1~m:i~~fr""'$:t3\Q3! fu1'.j'irawiii11!ilii~$J2F~j ssessment Wit $13.11 $13.03 :;f0r~_w'IT?~;;:;fJi~$~.l};7.E?f Percent change from prior year 11% -65% 131 % D,elinqliencYiRatei(6)lI!iJI!l~~~ ~~i!lWM~ "iiliF~~5:7,6% ~.J:ilii:'~ril!&l2'79,% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19,2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve. Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPI Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15fZ009 3-63. CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Zone B) 2009/10 Fiscal Year District Cost Summary ;4;J!~~f.~*;.fr~: I :~ .. I ; ~ ~~';;it: II: " Personnel Services $0.00 $0.00 $0.00 Utility Charges 1,228.00 1,228.00 1,228.00 Trash Collection & Disposal Fees 0.00 0.00 0.00 Water Charges 15,708.00 13,088.00 14,802.00 Services to maintain structures, grounds 800.00 800.00 800.00 City Staff Services 16,296.00 8,524.00 8,394.00 Contractual Services 17,000.00 16,190.00 15,420.00 Landscape Supplies 240 00 240.00 240.00 Materials to maintain structures, grounds 4,070.00 4,070.00 4,070.00 Backftow Certification 0.00 0.00 0.00 Professional Services 50,000.00 4,000.00 1,000.00 Supplementals 0.00 700.00 891.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 405.00 Specialized Services 1,400.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Est/mated Maintenance Cost $106,742.00 $48,840.00 $47,250.00 Reserve Requirement (1) $55,505.84 $48,840.00 $47,250.00 Reserve Percent 52% 100% 100% Special Reserve 0.00 35,000.00 0.00 Fund Balance (2) 103.717.88 87,759.83 55.138.83 Net Assessment (3) $58,529.96 $44,920.17 $39,361.17 Equivalent Dwelling Units (EDU's) (4) 3,376.38 3,376.38 3,376.38 Otay Lakes Rd Collect/ble / EDU $2.50 $2.50 $2.50 Collectible/EDU $19.84 $15.80 $14.16 Percent change from prior year 26% 12% 30% Misc. Adjustments $0.00 $0.00 $0.00 <::9l'!l!El>if:IB!!E!!le.\I.em$cal11<jul)t~ ~i1l',!ilillll'~~$20:0.o1 ~~~$t6,0().l illl\\liitiA~$t5:0()1 Revenue from even dollar payment $67,527.60 $54,022.08 $50,645.70 JI..S.S.ES~.I'!I.E~J~'iillijJi~~Jiiili:Bi~~1lllii~~!'l'$?J'3()X ~~ti1ilii~:iW'"","i$20.!lt21 ssessment Wit $21.42 $21.30 BjrdgeU.EDJ:J..\}IDJl\~~~ mll~il;,!$3J~6J!' )!t~",,~$16,7?J ~"iflliii~dr..\:1$1j;'?!i1 Percent change from prior year 89% 3% 2% DelJnqu,i'nc;y,gate..\(6)i'ifii;;if~'IL'!"..i!i&!J!l. !!i,![cBJii~il;:l!l'fi~!liIf.I'JIl,';\,ii ~~~:!.ftif~8.'.~3.% ~?_~~~5;14~1o (1) Reserve Requirement = Estimated Maintenance Cost x Reserv-e Percent (2) The estimated June 30, 2009 fund balance was projected on May 19. 2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve. Fund Balance (4) EDU's have been projected based upon Fiscal Year 2006/09 information (5) CPI Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-64 CITY OF CHULA VISTA OSD EastJake Maintenance District #1 (Zone C) 2009/10 Fiscal Year District Cost Summary Personnel Services $0.00 $0.00 $0.00 Utility Charges 0.00 0.00 136.00 Trash Collection & Disposal Fees 0.00 0.00 0.00 Water Charges 0.00 0.00 979.00 Services to maintain structures, grounds 0.00 0.00 40.00 City Staff Services 0.00 100.00 274.00 Contractual Services 0.00 0.00 0.00 Landscape Supplies 0.00 0.00 50.00 Materials to maintain structures, grounds 1,030.00 0.00 100.00 Backfiow Certification 0.00 0.00 0.00 Professional Services 0.00 0.00 0.00 Supplementals 0.00 20.00 134.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 13.00 Specialized Services 100.00 0.00 0.00 Stonm Maintenance 0.00 0.00 0.00 Speciai Maintenance Fund 0.00 0.00 0.00 Estimated Maintenance Cost $1,130.00 $120.00 $1,726.00 Reserve Requirement (1) $1,130.00 $120.00 $1,726.00 Reserve Percent 100% 100% 100% Special Reserve 0.00 9,500.00 0.00 Fund Balance (2) 1,130.00 8.151.09 3.285.60 Net Assessment (3) $1,130.00 $1,588.91 $166.40 Equivalent Dwelling Units (EDU's) (4) 500 500 500 Otay Lakes Rd Collectible / EDU $2.50 $2.50 $2.50 Collectible/EDU $4.76 $5.68 $2.83 Percent change from prior year -16% 100% -74% Misc. Adjustments $0.00 $0.00 $0.00 c9t~EcJjIJ~!!E~eY_e:i}I$ra.ni()ullt~ ~~$.5'0_O.l !tl'~~$.6'O.oJ ~$3WOi Revenue from even dollar payment $2,500.00 $3,000.00 $1,500.00 ssessment Wit $177.50 $176.41 Eljjcl9"J/!"DtJ!(1!i~,.",i!'~~Jii ~1l!Jill!;:1!'JiJiif~$2.~26i ~t~~i$2!5.o. ~$_5;7jH Percent change from prior year -10% -56% 5% p~elilfql}enfYiR~t~l(t5)~~~i~~JJiI~~..~.iii:k' ~~s~ifhrw~dgiflR f~-;g,~~"'~m!MiO'!.oJt~o ~1~.3S3,it~~~2,t,~ihEAO!9Q,% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19.2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve - Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 information (5) CPI Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-65 CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Zone DJ 2009/10 Fiscal Year District Cost Summary Personnel Services $0.00 $0.00 $0.00 Utility Charges 1,228.00 1,228.00 1,228.00 Trash Coilection & Disposal Fees 280.00 280.00 280.00 Water Charges 34,358.00 30,298.00 35,198.00 Services to maintain structures, grounds 1,570.00 1,570.00 1,570.00 City Staff Services 21,806.00 15,466.00 19,864.00 Contractual Services 30,815.00 26,490.00 28,500.00 Landscape Supplies 0.00 0.00 0.00 Materials to maintain structures, grounds 14,540.00 8,540.00 8,540.00 Backflow Certification 0.00 0.00 0.00 Professional Services 32,500.00 2,500.00 2,500.00 Supplementals 0.00 1,250.00 1,885.00 Other Commodities 0.00 0.00 0.00 Advertising 0.00 0.00 0.00 Transfer: Corporate Yard Debt Services 0.00 0.00 948.00 Specialized Services 1,700.00 0.00 0.00 Storm Maintenance 0.00 0.00 0.00 Special Maintenance Fund 0.00 0.00 0.00 Other 0.00 0.00 27.777.20 Estimated Maintenance Cost $138,797.00 $87,622.00 $128,290.20 Reserve Requirement (1) $72,174.44 $87,622.00 $49,071.00 Reserve Percent 52% 100% 38.3% Special Reserve 0.00 35,000.00 0.00 Fund Balance (2) 138.797.00 140,357.49 81,291.31 Net Assessment (3) $72,174.44 $69,886.51 $96,069.89 Equivalent Dweiling Units (EDU's) (4) 423.40 423.40 423.40 Otay Lakes Rd Collectible / EDU $2.50 $2.50 $2.50 Collectible/EDU $172.96 $167.56 $229.40 Percent change from prior year 3% -27% 3% Misc. Adjustments $0.00 $0.00 $0.00 Cg.L:I!.EC.TII3I,!E:mevel1l$[<imount!::!rm\'\t~ .1'!'~'f.llll-~im~;'i$):7i3!OOC !;;!Iljj!i1llt~[!!i;&~$t611!9!lj )j~;,!~",,~$23!l!001 Revenue from even doilar payment $73,248.20 $71,131.20 $97,382.00 ASS_ES.SMEt-l:r~~~~lm ~$236t7~j i!!!lll-..\~.llt$.235f281 ~~$23_0,O~, ssessment Wit $236.74 $235.28 1>;J!:~'f!i:iMjBilIt\t\$305)26) Percent change from prior year 57% -31% 30% QEi)in:'lliEihcYIRat~1(6)~~ ~l'lI!l!""]jjRi:ti!~~~6!I2%~~!l!~0,% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19,2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve. Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008109 infonnation (5) CPI Change for Fiscal Year 2009/201 0 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-66 CITY OF CHULA VISTA OSD Eastlake Maintenance District #1 (Zone E) 2009/10 Fiscal Year District Cost Summary Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contract Services Landscape Supplies Materials to maintain structures, grounds Backflow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Water Maintenance Special Maintenance Fund Estimated Maintenance Cost $0.00 0.00 0.00 0.00 0.00 2,215.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 150.00 6,080.00 0.00 $8,445.00 Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) $3,166.88 38% 0.00 8 ,445.00 $3,166.88 Equivalent Dwelling Units (EDU's) (4) 366.3709 Collectible/EDU Percent change from prior year $8.64 -66% Misc. Adjustment $0.00 COLLECTIBLE ,-,even. $ amount> Revenue from even dollar payment Percent change from prior year -90% II: I' $0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,163.00 1,309.00 0.00 6,080.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150.00 242.00 0.00 0.00 0.00 0.00 0.00 69.00 0.00 0.00 6,080.00 0.00 0.00 0.00 $7,393.00 $7,700.00 $7,393.00 $7,700.00 100% 100% 30,000.00 45,028.00 35,370.65 48,410.00 $9,415.35 $12,018.00 366.3709 366.37 $25.70 $32.60 -22% 28% ($0.38) ($5.52) $9,525.26 $12,011,42 $33.75 $33.55 -4% -6% (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment = Estimated Maintenance Cost + ReselYe Requirement + Special Reserve. Fund Balance (4) EDU's have been projected based upon Fiscal Year 2008/09 i~formation (5) CPI Change for Fiscal Year 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/1512009 3-67 CITY OF CHULA VISTA OSD Bay Boulevard 2009110 Fiscal Year District Cost Summary :w~' Personnel Services Utility Charges Trash Collection & Disposal Fees Water Charges Services to maintain structures, grounds City Staff Services Contractual Services Landscape Supplies Materials to maintain structures, grounds Backfiow Certification Professional Services Supplementals Other Commodities Advertising Transfer: Corporate Yard Debt Services Specialized Services Storm Water Maintenance Special Maintenance Fund Estimated Maintenance Cost Percent change frem prior year $0.00 $0.00 $0.00 1,092.00 1,092.00 1,092.00 475.00 475.00 475.00 5,400.00 5,400.00 5,400.00 600.00 600.00 600.00 5,846.00 6,280.00 6,098.00 0.00 0.00 0.00 850.00 850.00 850.00 230.00 230.00 230.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 270.00 236.00 0.00 0.00 0.00 0.00 180.00 180.00 0.00 0.00 111.00 200.00 0.00 0.00 180.00 0.00 0.00 0.00 0.00 0.00 $14,873.00 $15,377.00 $15,272.00 $11,638.12 $15,377.00 $15,272.00 78.25% 100% 100% 0.00 15,000.00 0.00 14.873.00 30.867.09 11 ,347.00 $11,638.12 $14,886.91 $19,197.00 6.39 6.39 6.39 $1,821.30 $2,329.72 $3,004.23 -22% -22% -2% $0.00 $0.00 $0.00 2;330iOQj 3;OQ4:00: $11,642.58 14,888.70 $19,195.56 3;~7'8:~8j $3,278.58 $3,258.38 -3% 1% 12% Reserve Requirement (1) Reserve Percent Special Reserve Fund Balance (2) Net Assessment (3) Equivalent Dwelling Units (EDU's) (4) Collectible/EDU Percent change frem prior year Misc. Adjustments COLLECTIBtE . even $ amount::'.. Revenue from even dollar payment (1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent (2) The estimated June 30, 2009 fund balance was projected on May 19, 2009. (3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Special Reserve _ Fund Balance (4) Equivalent Dwelling Units for ihe Bay Boulevard District are calculated at 1 EDU per acre and have been projected based upon Fiscal Year 2008/09 information. (5) CPI Change for FY 2009/2010 = 0.62% (6) Delinquency Rate is as of 5/15/2009 3-68 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2009/2010 FOR OPEN SPACE DISTRICTS 2 THROUGH 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 At\TD 33, EASTLAKE MAINTENANCE DISTRICT NO. 1 (ELiVID #1), At~D BAY BOULEVARD MAlNTENA1~CE DISTRICT At~D THE SPREAD OF ASSESSMENTS THEREIN; DECLARING THE INTENTION TO LEVY At~D COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, NBS Government Finance Group, dba NBS, has prepared and filed, on behalf of and under the direction of the City Engineer, this annual report ("Engineer's Report") for all existing Open Space Maintenance Districts in the City of Chula Vista ("City"); and WHEREAS, the Engineer's Report is presented to the Council for approval in order to proceed with the public hearing set for July 14, 2009, in accordance with the Landscaping and Lighting Act of 1972. The Engineer's Report covers Open Space Districts 2 through 11, 14, 15, 17, 18, 20, 23, 24, 26, 31 and 33, Eastlake Maintenance District No.1, and Bay Boulevard Maintenance District. A copy of the Engineer's Report is on file in the office of the City Clerk; and WHEREAS, the proposed assessments for Fiscal Year 2009/2010 are as follows: Assessrnent per"EDU 'Collectible oer EDU ", Asse~sment vs. Collectible' ,..< ' Proposed Proposed Projected Open Space District or Zone FY 08/09 FY 09/10 FY 08/09 FY 09110 Variance{$) Variance (%) Revenue (5) 2 54.52 54.85 54.00 54.85 0.85 1.57% 13,657.65 3 373.25 375.56 373.25 375.56 2.31 0.62% 47,696.12 4 394.24 396.63 388.00 396.68 8.68 2.24% 83,302.80 5 384.44 386.82 339.00 386.82 47.82 14.11% 47,192.04 6 190.11 191.28 162.00 191.28 29.29 18,08% 30,987.36 7 132.81 133.63 132.00 133.63 1.63 1.23% 13,897.52 8 606.70 610.46 591.00 610.46 19.45 3.29% 67,150.60 9 171.95 173.01 154.00 173.01 19.01 12.34% 66,435.84 10 116.03 116.74 115.00 116.74 1 74 1.51% 76,553.42 11 117.41 118.13 101.00 118.13 17.13 16.96% 156,054.46 14 377.44 379.78 373.00 379.78 6.78 1.82% 327.750.14 15 362.12 364.36 354.00 364.36 10.36 2.93% 20,768.52 17 173.34 174.41 111.00 174.41 63.41 57.13% 8,022.86 18 409.62 412.16 253.00 412.16 159.16 62.91% 179,289.60 20 Zone 1 - Desilting Basin 63.31 63.70 62.00 63.70 1.69 2.73% 55,817.76 Zone 2 - Rice Canyon 4.80 4.83 4.80 4.83 0.02 0.42% 19,123.81 Zone 3 - H Street 6.85 6.89 6.00 6.89 0.89 l4.83% 42,334.14 3-69 Resolution No, 2009- Page 2 ., Collectible"e, EOU , ' Assessm-ent,vs. Collectible " Assessment per EDU: Proposed Proposed Projected Open Space District or Zone FY 08f09 FY 09f10 FY 08/09 FY 09/10 Variance($l Variance (%) Revenue (5) Zone 4 - Business Center 53,19 53.52 53.00 53.52 0.52 0.98% 139,285.26 Zone 5 - SPA I 384.63 387.01 347.00 387.01 40.01 11.53% 694,682.95 Zone 6 - SPA 11 295.54 297.37 206.00 297.37 91.37 44.35% 168,968.61 Zone 7. SPA III 182.43 183.56 182.00 183.56 1.56 0.86% 216,011.39 Zone 8 - N Desiltlng Basin 42.06 42.32 40.00 42.32 2.32 5.80% 5,028.46 !zone 9 ~ Tel Cyn Channel 33.39 33.59 33.39 33.59 0.20 0.60% 1,762.17 23 564.46 567.96 564.46 567.96 3.50 0.62% 51,150.48 24 701 78 706.13 496.00 706.13 210.13 42.36% 28,245.20 26 550.78 554.19 480.00 554.19 74.20 15.46% 10,529.61 31 568.96 572.48 269.00 572.48 303.48 112.82% 196,360.64 33 (1) 1,406.12 1,414.83 0.00 1,414.83 N/A(4) N/A(4) 0.00 ELMO No. 1 Otay Lakes Rd(2) N/A N/A 2.50 2.50 0.00 0.00 31,716.75 Zone A - EastJake I 13.03 13.11 12.00 13.11 1.11 9.25% 110,517.07 Zone B - Eastlake Greens 21.30 21.43 16.00 21.43 5.42 33.88% 72,355.82 Zone C - Oly Training etr 176.41 177.50 6.00 177.50 171.50 2,858.33% 88,750.00 Zone 0 - Salt Creek I 235.28 236.73 168.00 236.73 68.74 40.92% 100,231.48 Zone E . Tel Cyn Chnl(3) 33.55 33.75 26.00 33.75 7.75 29.81% 12,365.02 Bay Boulevard(4) 3,258.38 3,278.58 2,330.00 3,278.58 948.58 40.71% 20,950.13 Total Projected Revenues $3,204,945.68 (1) OSD 33 was formed several years ago In antiCipation of development. The project has not progressed and consequently there IS no maintenance required. Should the project develop in the future the District may be assessed to cover future maintenance expenses. (2) Zones A . D share in the cost of Otay Lakes Road medians and off-site parkways. Collectible and projected revenue for Otay Lakes Road are reflected in collectible and projected revenue for Zones A. D. The budget for Otay Lakes Road is currently pending. (3) Portions of Eastlake I and Eastlake Greens are in this benefit area. (4) Bay Boulevard rates are based on acres. (5) The Projected Revenues are based upon the proposed Maximum Assessment Rates for Fiscal Year 2009/10. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves the Engineer's Report for the Fiscal Year 2009/2010 for City Open Space Maintenance Districts 2 through II, 14, 15, 17, 18, 20, 23, 24, 26, 31 and 33, Eastlake Maintenance District #1, and Bay Boulevard Maintenance District and the spread of assessments therein and declares its intend to levy and collect the assessments. BE IT FURTHER RESOLVED that the City Council sets July 14, 2009, at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the date and time for the public hearing on the assessments. Presented by: Approved as to form by: Richard A. Hopkins Director of Public Works "--..- , '}~:?~I/'" . i \--. . ..,hA! ~ 0Q, c L/../ r1 BartiCY't'l! esfeld f1 citY Attorney 3-70 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2009/2010 FOR THE OPEN SPACE iYIAINTENANCE DISTRICT NO. 1 AND THE SPREAD OF THE ASSESSMENTS THEREIN; DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE ASSESSMENTS WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, NBS Government Finance Group, dba NBS, has prepared and filed, on behalf of and under the direction of the City Engineer, this annual report ("Engineer's Report") for the existing Open Space Maintenance District No.1 in the City of Chula Vista ("City"); and WHEREAS, this Engineer's Report is presented to the Council for approval in order to proceed with the public hearing set for July 14, 2009, in accordance with the Landscaping and Lighting Act of 1972. The Engineer's Report covers the Open Space Maintenance District No.1. A copy of the Engineer's Report is on file in the office of the City Clerk; and WHEREAS, the proposed assessments for Fiscal Year 2009/2010 are as follows: Assessment per EDU Collectible Der EDU Assessment vs. Collectible Proposed Proposed Projected Open Space District or Zone FY 08/09 FY 09/10 FY 08/09 FY 09/10 Variance{$) Variance (%) Revenue QSD No.1 $117.54 $118.26 $110.00 $118.26 $8.26 7.51% $77.773.69 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves the Engineer's Report for the Fiscal Year 2009/2010 for the Open Space Maintenance District No.1 and the spread of assessments therein and declares its. intention to levy and collect the assessments. 3-71 Resolution No. 2009- Page 2 BE IT FURTHER RESOLVED that the City Council sets July 14, 2009, at 6:00 p.m. in the City Council Chambers, City of Chu1a Vista, 276 Fourth Avenue, Chu1a Vista, California as the date and time for the public hearing on the assessment. Presented by: Approved as to form by: \ :\ ,-',I / 1 ",', ,/ / /'1 Ji :;Bart'~Qi,o \..P~LC J;tQity Attorney Richard A. Hopkins Director of Public Works 3-72 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGmEER'S REPORT FOR THE FISCAL YEAR 200912010 FOR THE TOWN CENTRE MAINTENAL'ICE DISTRICT AL'ID THE SPREAD OF ASSESSMENTS THEREIN; DECLARING THE INTENTION TO LEVY AND COLLECT THE ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING THE ASSESSMENTS WHEREAS, pursuant to Article 4, Chapter I, part 2 of Division 15 of the California Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula Vista Municipal Code Chapter 17.07, NBS Government Finance Group, dba NBS, has prepared and filed, on behalf of and under the direction of the City Engineer, this annual report ("Engineer's Report") for the existing Town Centre Maintenance District in the City of Chula Vista (City); and WHEREAS, the Engineer's Report is presented to the Council for approval in order to proceed with the public hearing set for July 14, 2009, in accordance with the Landscaping and Lighting Act of 1972. The Engineer's Report covers the Town Centre Maintenance District. A copy of the Engineer's Report is on file in the office of the City Clerk; and WHEREAS, the proposed assessments for Fiscal Year 2009/20 I 0 are as follows: Assessment Der EDU Collectible Der EOU Assessment vs. Collectible I... Proposed Proposed Projected Open Space District or Zone FY 08/09 FY 09/10 FY 08/09 FY 09/10 Variance($) Variance (%) Revenue Town Center (1) 50.12 50.121 SO.OO 50.00 - - 50.00 (1) Town Centre rates have been based on parcel square footage since FY 2001102. However, a Downtown PBID replaced this District in 2001, but the City determined that there was some potential long-term exposure for the City based on the remote potential that the current PBID might not receive sufficient support for re.approval in the future. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves the Engineer's Report for the Fiscal Year 2009/2010 for the Town Centre Maintenance District and the spread of the assessments therein and declares its intention to levy and collect the assessments. 3-73 Resolution No. 2009- Page 2 BE IT FURTHER RESOLVED that the City Council sets July 14, 2009, at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the date and time for the public hearing on the assessment. Presented by: Approved as to form by: Richard A. Hopkins Director of Public Works .--.".... ,.-- --., I" . \ '.7' /. /', . "'~I ! ( / \-. .-4.,~ tAt' t? v C0f ~ (;, Bart. C. M. elO -p-'1:itY"Attorne1 . 3-74 CITY COUNCIL AGENDA STATEMENT ::?;}llf:.. CITY OF ~ - (HULA VISTA JUNE 23, 2009, ItemL ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOLA VISTA ESTABLISHING A COUNCIL POLICY Ac"\JD PROCEDURES FOR'FRAUD IN THE WORKPLACE DIRECTOR OF F~l NCE/TREASURERv~ CITY MANAGE ASSISTANT CITY, IANAGER 71 SUBMITTED BY: REVIEWED BY: 4/STHS VOTE: YES D NO ~ SUiV[MARY The City of Chula Vista is committed to the proper use of public funds, safeguarding of public assets entrusted to the City, conducting its business by adhering to the highest ethical standards and complying with all applicable laws and regulations. It is therefore the policy of the City Council to establish controls that promote ethical conduct, provide for the safeguarding of assets, and help deter and detect fraud and other irregularities. This policy sets specific guidelines regarding actions that must be followed for the investigation of suspected fraud and other irregularities. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that this policy 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. RECOiVli\'fEi'illA TION Council approves the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Written policies and procedures aimed at preventing fraud are essential to an effective internal control system. The attached policy follows standards established by other agencies, In summary, the policy's purpose is to establish policy and procedures for clarifying acts that are considered to be fraudulent, describing the steps to be taken when fraud or other related 4-1 JUNE 23, 2009 Item~ Page 2 of3 dishonest activities are suspected, and providing procedures to follow in accounting for missing funds, restitution and recoveries. HigWights of the proposed policy include the following: . The purpose of the policy is to protect the City's assets against the risk of loss or misuse. Accordingly, it is the policy of the City of Chula Vista to identify and promptly investigate any possibility of fraudulent or related dishonest activities against the City and, when appropriate, to pursue legal remedies available under the law. . It is the City's intent to reasonably and objectively investigate any alleged or suspected acts of fraud, misappropriation, or other related dishonest activities against the City. . Each department of the City is responsible for instituting and maintaining a system of internal control to provide reasonable assurance for the prevention and detection of fraud, misappropriations, and other irregularities. Management should be familiar ",ith the types of improprieties that might occur within their area of respol).sibility and be alert for any indications of such conduct. . Upon conclusion of the investigation, the results will be reported to the City Manager and City Attorney. . The City Manager or City Attorney, following review of investigation results, may take appropriate action regarding employee misconduct. Appropriate action can include, but is not limited to, disciplinary action up to and including termination, and referral of the case to another agency for possible prosecution or further investigation. . The City will pursue every reasonable effort, including court ordered restitution, to obtain recovery of City losses from the offender, or other appropriate sources. This policy applies to employees of the City. In this context, "Employee" refers to any individual or group of individuals who receive compensation, either full- or part-time, from the City of Chula Vista. The term also includes any volunteer who provides services to the City through an official arrangement or contract with the City, members of City organizations including City Council Members, Planning Commissioners and other City boards, commissions and committees, and City contractors, vendors and consultants. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2( a)( I) is not applicable to this decision. CURRENT YEAR FISCAL IMP ACT This action should have no impact to the General Fund. ONGOING FISCAL IiVIPACT There should be no future impacts to the General Fund. 4-2 JUNE 23, 2009 ItemL Page 3 of3 ATTACHMENTS A. City Council Policy "Fraud in the Workplace" Prepared by: Phillip Davis, Assistant Director, Finance Dept. 4-3 SUBJECT: Fraud in the Workplace COUNCIL POLICY CITY OF CHULA VISTA POLICY NT.JlVlliER EFFECTIVE DATE 056/t23/2009 PAGE 10f9 ADOPTED BY: (Resolution No.) A1"IEi'I"DED BY: Resolution No. (date of resolution) I DATED: MayJJuu: +23, 2009 PHRPOSF ANn SCOPF, To-hi, Policy j" intennen to establish policy and procedures for clarifying acts that are I considered to be fraudulent, describing the steps to be taken when fraud or other related dishonest activities are suspected, and providing procedures to follow in accounting for missing funds, restitution and recoveries. (;VNFRAT A. The City of Chula Vista is committed to protecting its assets against the risk of loss or misuse. Accordingly, it is the policy of the City of Chula Vista to identify and promptly investigate any el1e~en or ""'rectenj-Ju,,;:";];ly uffraudulent or related I dishonest activities against the City and, when appropriate, to pursue legal remedies available under the law. B. DEFINITIONS 1. .Eraud - Fraud and other similar irregularities include, but are not limited to: a. Claim for reimbursement of expenses that are not job-related or authorized by the current Memorandum of Understanding. b. Forgery or unauthorized alteration of documents (checks, promissory notes, time sheets, independent contractor agreements, purchase orders, budgets, etc.). c. Misappropriation of City assets (funds, securities, supplies, furniture, equipment, etc.). d. Improprieties in the handling or reporting of money transactions. e. Authorizing or receiving payment for goods not received or services not performed. f. Computer-related activity involving unauthorized alteration, destruction, forgery, or manipulation of data or misappropriation of City- owned software. 4-4 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY EFFECTIVE NUiVlliER DATE PAGE 056/t23/2009 20f9 ADOPTED BY: (Resolution No.) I DATED: MayJw1.l: t23., 2009 Al"IENDED BY: Resolution No. (date ofresolution) cr Metprie' or intpntione' misrepresentation of information on documents. 00' h. Any apparent violation of Federal, State, or Local laws related to dishonest activities or fraud. 1. Seeking or accepting anything of material value from those doing business with the City including vendors, consultants, contractors, lessees, applicants, and grantees. Materiality is determined by the City's Conflict of Interest Code (C.V.M.C. Chapter 2.02), which incorporates the Fair Political Practices Commission's regulations. 2. Fmploypp In this context, ~employee:: refers to any individual or group of individuals who receive compensation, either full- or part-time, from the City of Chula Vista. The term also includes any volunteer who provides services to the City through an official arrangement or ~ontre~t with the City,-ura mpm hp", of City organizations including City Council Members, Planning Commissioners and Ul~lU:'''l' uf other City boards, rnmml<:;c;;nnc; ::Inri rnmmittf>~" !=lnrl City contr:-letnT<:;; v~nrl()rc; :-lnn C()n"11lt~nt". " Menecrpment - In this context, ::Mmanagemenc refers to any administrator, ~. manager, director, supervisor, or other individual who manages or supervises funds or other resources, including human resources,..illl hehe If of thp rity. 4. T nvp.<:;ti etltor In this context, ::Investigator:: refers to any person or persons assigned by the City Manager or City Attorney to investigate any fraud or similar activity. 5. Fxteme 1 A lIc1itor - In this context, :.:External Auditor:: refers to independent audit professionals who perform annual audits of the City's financial statements. C. It is the City's intent to rpe,onehly enn ohjp~tively fuHy-investigate any ellpgerl or suspected acts of Efraud, misappropriation, or other ,;1ll;1<1l ;ll~I5\.lI<1l;ly,pletprl rli"J,nnp.st }lctlvitif><:; ::1e}llnst tne rity. .Ail VLjl;;.....t~yl;,. a,u,J ~lJ.1JaJ.t~a:l ~lln...;)t~odt~vu ""al ~c; \,..vllJu.....kJ l....oQJ.Jk~;:, u[ Lll...... pv;:,~l~uu., t~Llc;, ku.::;Lli V[ ;)1;;1 Y~I,..'-' Vi H..laL~uH;::oll~p YV~tl., Ull;; r:l, "f ^'" "ml, ~1." ",;"1.11". '" 1......,,"c. ;",,,1,,..1;,,.,, ]"..".""11".,,,1.;...1 "f"".1. . 4-5 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY EFFECTIVE NUMBER DATE PAGE 056/+23/2009 30f9 I ADOPTED BY: (Resolution No.) T DATED: MayJwu: t23., 2009 I A1'YIENDED BY: Resolution No. (date of resolution) ~u.... '"';)t~~a.t~vu. I D. Each department of the City is responsible for instituting and maintaining a system of internal control to provide reasonable assurance for the prevention and detection of I Hraud, misappropriations, and other irregularities. Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such conduct. E. The Investigator, in conjunction with the City Attorney "no HlIm"n Reso1!rces I Director, has the primary responsibility for the investigation of all activity as defined in this policy. F. Throughout the investigation, the Investigator will inform the City Manager "no C'ity A ttomey of pertinent investigative fIndings. .G.... \Vll~1111".,l-'VlL~l1o a.d::. vI ,:)u.::lYl".,l".,kJ [lclUJ Vi vllll".,l ~lH",.:;ulill~l~I".,;), I;..UIJ:-1lvyc;c;;::. wal LI;; .::;,lu.J.lkJ wl~;)tk-Lluwl;l }llvkI",L~Vll vvlll;;u a....l~..l1e ~H cll..\.,vlJa.1H..,C; w~tll11~;) yvE\"y. '\\111;..11 ~llfvuw....J vI a. ;)u;:')1Jcvlc;J ~lHl-IlV1-'l~l.,..lJ' Lll".,~tli'-'l lLc C~tJ HUt a.UJ J!Cl:::'Vll ad;u.::, uu Ldwlf vftli,,", C;ly ;)lw.ll. LD;;:'lll;::'::' Vi tlu,-aku Lv J;:::'Ul;:);:) tILl.. I..-lll}Jluyl;..l;.., 2...D;;:,\".;pEUI;;, ;:,u::'fJ,-uJ, Vi tlul;;aku tv J;;:,\,.;pEul.. Vi ;:'U;)1-''C-llJ tLI;; l;:;lUl-I1V)C;l;;, lIul}Jv::,I.. au..v }ll;;,ualLy U!-'UU tLI"., 1".,1u}'lvy....l,., Vi 4'-1 TuL;Ul;Ja.k Vi l"..Uc;H..c; tL\,., \"'luplU}l;;l;;, , ,. !. e I I. I ' l . .1I I. d. . r t d.! d. .., lV alJ.Ull;:' Vi l lC '.'1 U;:,ll;;-U VW\,.,J, pJ.ul.;,,\"'lJ.vu ,",1. J.\"';:'U l Hi l;:'\,.,J.P Ui\;" U}I vau l1.J.I,.. U Hi,::, J~;:'l1J.i~~al, ft-n Upon conclusion of the investigation, the results will be reported to the City Manager ora.nrLCity Attorney. 4-6 . COUNCIL POLICY CITY OF CH1JLA VISTA SUBJECT: Fraud in the Workplace POLICY EFFECTIVE ~lJMBER DATE PAGE 056/t23/2009 40f9 ADOPTED BY: (Resolution No.) I DATED: MayJun.e 123., 2009 AiVIE1'iDED BY: Resolution No. (date ofresolution) H-j The City Manager or City Attorney, following review of investigation results, ~ take appropriate action regarding employee misconduct. Arpr()rri~tp. ::lc.t;nn r.::In inc.lllnf> hllt is nntllmite-(1 to rJBisciplinary action. carrllp tn enrJ includinge termination, and referral of the case to ennth~r ef:~ncy [1,,,, Dl,l,1d Allvl11~Y" O[fl~~ for possible prosecution or filrth~r inv~st;getinn. t-! The City will pursue every reasonable effort, including court ordered restitution, to obtain recovery of City losses from the offender, or other appropriate sources. PROCF.nTTRFS A. Mayor, City Council and Commissioner Responsibilities I. If the Mayor, a City Council member, or a Commissioner or nther legisletive hnrJy memh~r ("M~mh~rs") has reason to suspect that a Efraud has occurred, he or she shall immediately contact the City Manager or City Attorney. 2. MTIle rvla.)'ul, C~l} cuuw.,a luerobel, Vl CUll11U~';)';)~UU~l shall not attempt to investigate the suspected Efraud orenrJ shn1l1rJ nnt discuss the matter with anyone other than the City Manager or City Attorney. 3. A lIe-o::lt;cm" ::Inn invp"tio:::ttinn" nfFr::mn ::liP cnnnnpnti:::tl m:::tttf'i<::: Memhe-T" ~ ~ sn:::l Jl trf'91t thf'm ::IS O;;:llc:n Tf:::l Mf'mhf'T;';; r,nnf:::lr.tp,n hy fnp. mp'c11:::l or j" ntnprwisf> qllf'sticmen :::lhC)11t:::l Fr:::llln :::lllf>E:::lt;nT1 or invp"tie:::ltinn the Memh~r shn1l1rJ c'nnt?fct TL.1w aUl;;e,'CJ [!cl.uJ VI auJ~L ~l1v"".;)t~bat~vu .;)lla.ll.LluL L'C J~';)IwU.;),;)C;J w~lll tIt\", 111",J;" :'y <tilY 1'~1>Vl1 ull,~, U,<ti, the City Nlanager andor City Attorney pnor tn nisr.lls>.\lne tnp. mtltt~r , VI at tL....~l J~l..d~Ull. B. Management Responsibilities I. Management is responsible for being alert to, and reporting Eraudfratn:Itrl or related dishonest activities in their areas ofresponsibility. 2. Each manager should be familiar with the types of improprieties that might occur in his or her area and be alert for any indication that FrellrJ or nther improper activity, misappropriation, or dishonest activity is or was in existence in his or her area. , Whf>:n ~n ;, III III II " 0' ..... ,j; v; I v Fr~llrl i" nf'.tpr.tf':n nr ,,11,nP:C'.tf':n Mm:::ln::lO"P:mf'.nt , , 4-7 COUNCIL POLICY CITY OF CHULA VlSTA SUBJECT: Fraud in the Workplace POLICY EFFECTIVE NUMBER DATE PAGE 056/+23/2009 50f9 I ADOPTED BY: (Resolution No.) I DATED: May.li.m.e t23, 2009 I AMENDED BY: Resolution No. (date of resolution) should J....klll1~l1~ whetl!'--l aU "-UUt VI lu~;)tak-,.." l1U:::' v........uu..:J VI ~f tll~lC lUa.} L~ J~;)Luu....;)t VI fHlUJukllL a.....t~ v ~lJ' 4. If UtUUUbClucul Jdl..llU~l1~;) a. .::.u.;)!-'(.;.,....kJ a.....l~v~Ly llla} ~J.lvulvc.. [!clUj Vl1da.kJ J~.;)Luw...;)L ad~ v ~L)', tit!;;] ..,llvulJ \",uu.ta.....t tl.l'"'~l ~llllllcJ~atc; :::'Up'-l v ;.:::oVl ;mmf'rli~tf>]Y nntify tnf> np.r~rtmp.nt nlrec.tnT, 5. Department Directors should promptly inform the City Manager or City Attorney. I 6. Management should not attempt to conduct individual investigations, interviews, or interrogations. However, Mmanagement is responsible for taking appropriate I corrective actions to ensure adequate controls exist to prevent reoccurrence of improper actions. 7. Management should support the City's responsibilities and cooperate fully with the Investigator, other involved departments, and law enforcement agencies in the detection, reporting, and investigation of criminal acts, including the prosecution of offenders. 8. Management must give full and unrestricted access to all necessary records and personnel. All City furniture and contents, including desks and computers, are open to inspection at any time. There is no assumption of privacy. 9. In dealing with suspected dishonest or fraudulent activities, great care must be I taken. Therefore, Mmanagement should llil1avv;J tl,~ l~llvwilllS' a. Meke itncorrect accusations. I b. Alerting suspected individuals that an investigation is underway. I c. Treating employees unfairly. I d. Makeing statements that could lead to claims of false I accusations or other offenses. I 10. In handling dishonest or fraudulent activities, Mmanagement has the II resnonsibilitv to: 4-8 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY EFFECTIVE N~mER DATE PAGE 056/+23/2009 60f9 ADOPTED BY: (Resolution No.) I DATED: May.lD.n.f t23., 2009 AiVlENDED BY: Resolution No. (date ofresolution) a. Not m1\tfake 1l\Tcontact (unless requested hy th" rity Meneg"r rity Attom"y or Tnv"<ti~etor) with the suspected individual to determine facts or demand restitution. Under no circumstances should there be any reference to "what you did."; "the crime."; "the fraud.."; "the misappropriation."; etc. b. Nnt cll"~ll"~A..vu~J J~~,-,u;:);)~u.!:; the case, facts, suspicions, or allegations ",ith anyone iMirl" or outside the City, unless specifically directed to do so by the City Attorney rrr th" rity M::1n~af"r or nf'r.;:lonpf' or~" rf"CJ.l1irf'o hy the Tnvf>,tieMnT or l::tw ~ :.... f':nfnrC'pmp.nt pf'rr.;:nnnf'l. c. Avv~J J~;:'l",.U;:'~~l1~ til"" '-'a.;:,~ YV~tll allYUu\;; ~ll;:)~J~ Ull;; C~ly UtIl""! lLaJ..1 ,-,ulplv)l...~;::. vvl1v La.v\;.; a m.,l".J tv lulVW ::>Udl c;Q til\". C;ly tvfcular:,l;;i, LlV\;;.)l~ba.tv.l, Vi C;ly AltUl11~'y Vi la.w l;,U[U1I...\;;UiI;;UL !1l;;;l;)Vll11\..J. J. Direct all inquiries from the suspected individual, or his or her representative, to the City Manager or City Attorney. All inquiries by an attorney of the suspected individual should be directed to the City Attorney. All inquiries from the media should be directed to the City Manager or City Attorney. <-. d.. Take appropriate corrective and disciplinary action, up to and including dismissal, after consulting '.'iith the rC"vH.lld Al1alpIDir"~tor ofHllmen R,,<o1lT~"S, in conformance '.'iith the City's Personnel Policies and Procedures or the appropriate Memorandum of Understanding. C. Employee Responsibilities I. A suspected Efraudulent incident or practice observed by, or made known to, an employee must be reported promptly to the employee's supervisor for reporting to the proper Mmanagement official, or th" rity Mi-m~~f'r or C:ity Attnmf'Y. 2. When the employee believes the supervisor may be involved in the Fr~lll(hllpnt; 11..-""", "" ;...,1.--. :::l~tlv;tv rhp f".mnlnvpp: ,n:::tll m:::tkp. fhp. rp.nnrt 4-9 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY EFFECTIVE NUMBER DATE PAGE 056/t 23/2009 70f9 I ADOPTED BY: (Resolution No.) I DATED: May~t23,2009 I Ai\fEi'il)ED BY: Resolution No. (date of resolution) directly to the next higher level of management, the City Manager, or the City Attorney. , The reporting employees shall refrain from further investigation of the ). incident, confrontation with the alleged violator, or further discussion of the incident with anyone, unless requested by the City Manager, Investigator, City Attorney or law enforcement personnel. D. Investigator Responsibilities I. Upon assignment by the City Manager or City Attorney, the Investigator will promptly investigate the ""pt'crt'eJ Ffraud. 2. TTpnn r.nnr.lll<;:;()n C'lfthf' invf':sti~;lt;nn_ thf' Tnvf'stl~Rtnr sh~l1 inform the City Attnme:y nfthf' TPSlllt" nfthf' lnvf'st;e~ti()n Tht' (,ity A ftomt'y sh:::dl np.tp.rt11inp. thf' ::'Irtlon nf'rf'ss::lry in rf"spnnsf" to the: invf'sti~Minn rf'sTllts, \vhirn m:::lY inrllJ(lf' rnnt::'lrtine III a.l1l",~lI.....uul,:,taU\,..~;:) wIl!;'!\;" lLc;l'C Cl..l-'.l-'I;;Cll;) Lv Lv H.a;:,vllaLlc t;lVUUJ,:, [Vt ;:)U;:)}JC;d~l1b llwL a [la.U.J Ihl;:) ta.k.c;u llla.vl"" L111..> Illy~;:)l~ga.tvl, ~lll,...Vl1;:)ulla.l;vu \iV~1111L.. C;t)' AttVllJ.\..'y' w~ll ~U1!l"d the Chula Vista Police Department or otht'r lew t'nforct'mt'nt e2"ncy. , The Investigator shall be available and receptive to receiving relevant, ). confidential information to the extent allowed by law. 4. If evidence is uncovered showing possible dishonest or Efraudulent activities, the Investigator will proceed as follows: a. Discuss the findings with 1l1CUlc1::;I.;.,Ull;"uL ClUj the ('it;' Nf;.1n;.1~f'r andCi.t}<: AttomAY f)~.I!a.!Lu!cat D~!I.,dv!. The City Monezt'r and (,ity i-\ ftomey shell rlf'tf'ITT11nf' tnf' ~rrrnrrlMP Rc.tlcm to he. t::lkpn ::lnn snRll mf'f"t \.vitn Of'p::lrtmf'nt DirP'f'tnrs. ::is npcPss::lry. rf'e::lrr1in~ n;s(';plin::lry Rcf;nn to ne t::lk"pn ifeny 'u.AJv~;.'lv U!a.Ha.':;C1Hcut, ~ftllc .....a..:>lv ~Hvvlvi;;':> .:>taff !UlvU1Llvl.:>, Lv lU.....lvL .....~U! Ll!lv C~ly ~vla.ua..:;lv! (V! L~';:'111lvl JI..';:'~o.1!a.llvJ !\:;p!c;.'l~uLa.L~vl..) tv JdVUl~Hlv ~f J~':>I..~pl~ua.lY GH....t~VU.:> :=,llvulJ 'u~ tak'lJ.. " A,L;"c, 11", C;," All"".." ; r 11" ............. ;",,,1,,,1\,,, (';1, M^,,^v, , ,I" ,\"I.."";,,r 4-10 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Fraud in the Workplace POLICY EFFECTIVE NUMBER DATE PAGE 056/t23/2009 80f9 ADOPTED BY: (Resolution No.) I DATED: MayJun.e t23, 2009 AMENDED BY: Resolution No. (date of resolution) \I\1l1aL a.d~vu.;) ,:,lluulJ Ll;; La:k.c:u. rl-h roorrlin;::!tr> with fhf' rity Attnmf'Y ::lnn Fin~mr.p. Oirpc:tnr rpe~rrline rReporting inform"tion to the External Auditor oud, ad;v;t;~o ;n order to assess the effect uf tl,~ ;ll~~al ad; v ~tj on the City's financial statements. t';(': Coordinate with the City's Risk Management Division in r.()n<;;lllt~ti()n with the City Attorney regarding notification to insurers and filing of insurance claims. f-rl Take immediate action, in consultation with the City Attorney "nrl the f)ire~tor ofTnformetion Te~hnology Servi~e', to prevent the theft, alteration, or destruction of evidentiary records. Such action shall include, but is not limited to: 1) Remove the records and place them in a secure location, or limiting access to the location where the records currently exist;c 2) Prevent the individual suspected of committing the Efraud from having access to the records~c 1) Remnvp ~nrlln\.k-lIr tnf" cnmpl1tf'T :.:Inn n}"trrl rlriVp. of;;Jny f'mplnyf':f':s sllspf':df'n of Fr::mrhdp.nt :::Ic:tivltyo 41 rhBnef' thf' nf'twnrk --mit4 f'-m:::ll1 :::Inrl vn;rpm:::lil p:-l"",wnrrl,, of :::Iny f'rnplnyf'f"" SllSpPC':tf't1 nfFnmnlllf'nt .qr.tivlty: :::Inn ") T:.:Jkf' :::111 ntnPT stf'p" nf':r.f''''':-lry to rrf>vpnt ;::)('(,;f'<:::" hy :::Iny pmplnyf'f's Sl1Spf'r.tf'rl nfFr::mn111f'nt ;:!C'tlvit;r tn' ('it)' nnl:llmpnts, thf' rity rnmplltf"T nf'twnrk the employee,' City e-m"il "nrl "11 nthf"T City rf>C':oro" 5. In consultation with the City Attorney and the Chula Vista Police Department, the Investigator may disclose particulars of the investigation with potential witnesses if such disclosure would further the investigation. , 4-11 COUNCIL POLICY CITY OF CHVLA VISTA SUBJECT: Fraud in the Workplace POLICY EFFECTIVE NlTMBER DATE PAGE 056/t23/2009 90f9 I ADOPTED BY: (Resolution No.) I DATED: May.fu.n.c t2.1, 2009 I AMENDED BY: Resolution No. (date ofresolution) 6:-If the Investigator is contacted by the media regarding an alleged fraud or audit I investigation, the Investigator will consult with the City Manager and the City Attorney, ,., applupl;alc, before responding to a media request for information or interview. I.At tit", \.uwJu.;:,~uu vf llil..- ~uv\,..;:,t~oaL~Ulll tll~ Illvc.;:,l~::;a.lul vv ~ll JU\,.,Ull1l;.ul tLI;" ll;,,'::'Ult:, ~u a. \"'Ull.GJl;"uL~a.l U,l\,..ulvLa.uJuul H."YVILLv tLI"., C~ly [vIa-uabel illlJJ'Ul tILl.." C~lJ AtLulllC;Y, a~ a.!-'1-'lUlll~a.k. IfLli\;" lC,tlU1L \"'uw.JuJc:, tlla.t Un.. a.llceal~uu:') CUI.. fVWIJCJ, the lC:}'Vll \IV~ll LI.. [Vi "''\ImJI."J Lv lLI.. Cllu.la. "\l~:')la. rul~l,.,1;., Dc;PaJ.lul\...,ul. B::6....Uulc;):') l",;A\..I..-'pl~uHal "'~l\"'wu:')La.J.l\"'\.:,) 'CA~~l, a pel;)Ull UUJ\,..l ~llvc;:,l~e.a.l~Vll [Vi [lclUJ~:') Lv L'C e.~Vl...ll Hut~\..l;;; ~ll V'V1~L~llb v[ \"'');:'l..lll~a.l1JaJ.L~l,.,ula.J.;) v[tLc alkoa.L~Ull:,) [ulluw~uo tILl;,; .....vU\Ju:')~uu v[ LIt\.. ~UVI.,,;:,t~Oa.l;Ull. V,,11CIC llvt~l,.,1;; ~::. ':;~V\""u, LItl., tJCi::'VU a.e,a~ll::.t WliUill a.:lke/~l.t~Vll;) ill!;; L!;;~110 llla,J~ llla.y ;)u~l1i~L a vvl~Lklll.,^vlallaL~ull tu LIil;" 1iVI;,,;)L~oatul uu laki t1iilli ;)l...Vl...ll l...akuJai Jay;:) afL\;"l llutil...c~;:) iCI.,c;ivl;;J. tiThe Investigator will be required to make recommendations to the appropriate I department for assistance in the prevention of future similar occurrences. :l:ft:8... Upon completion of the investigation, including all legal and personnel I actions, all records, documents, and other evidentiary material, obtained from the department under investigation will be returned by the Investigator to that department. 1. AUTHORITY By authority of the City Manager and the City Attorney. 4-12 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COliNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A COUNCIL POLICY MID PROCEDlJRES FOR FRAUD IN THE WORKPLACE WHEREAS, the City of Chula Vista is committed to the proper use of public funds, safeguarding of public assets entrusted to the City, conducting its business by adhering to the highest ethical standards and complying with all applicable laws and regulations; and WHEREAS, it is therefore the policy of the City Council to establish controls that promote ethical conduct, provide for the safeguarding of assets, and help deter and detect fraud and other irregularities; and \Vl-lEREAS, this policy sets specific guidelines regarding actions to be followed for the investigation of suspected fraud and other irregularities; and WHEREAS, written policies and procedures aimed at preventing fraud are essential to an effecti ve internal control system; and WHEREAS, the policy's purpose is to establish a policy and procedures for clarifying acts that are considered to be fraudulent, describing the steps to be taken when fraud or other related dishonest activities are suspected, and providing procedures to follow in accounting for missing funds, restitution and recoveries; and \V1-lEREAS, the purpose of the policy is to protect the City's assets against the risk of loss or misuse; and . . WHEREAS, It IS the policy of the City of Chula Vista to identify and promptly investigate any possibility of fraudulent or related dishonest activities against the City and, when appropriate, to pursue legal remedies available under the law; and \Vl-lEREAS, it is the City's intent to investigate any suspected acts of fraud, misappropriation, or other similar irregularity; and WHEREAS, each department of the City is responsible for instituting and maintaining system of internal control to provide reasonable assurance for the prevention and detection of fraud, misappropriations, and other irregularities; and WHEREAS, management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indication of such conduct; and WHEREAS, upon conclusion of the investigation, the results will be reported to the City manager or City Attorney; and WHEREAS, the City Manager, or City Attorney, following review of investigation results, will take appropriate action regarding employee misconduct; and 4-13 Resolution No. 2009- Page 2 WHEREAS, disciplinary action can include termination, and referral of the case to the District Attorney's Office for possible prosecution; and WHEREAS, the City will pursue every reasonable effort, including court ordered restitution, to obtain recovery of City losses from the offender, or other appropriate sources; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby establish a council policy and procedures for fraud in the workplace. Presented by Approved as to form by Maria Kachadoorian Director of Finance Z{"~ Ban C. Miesfeld City Attorney 4-14 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: SUBMITTED BY: REVIEWED BY: 6/23/09, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PAYMENT PLA1~ PROGRAc\1 AGREE!vlliNTS ("AGREEMENTS") WITH SHEA HOMES, L.P. FOR TAPESTRY AT OTAY RANCH PHASE 4 AND ESTRELLA AT SAN MIGUEL RAc~CH PHASE 4, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY, A1~D DIRECTING THE CITY CLERK TO RECORD A LIENS AND THE AGREEMENTS WITH THE COUNTY RECORDER OF THE COUNTY OF SA1~ DIEGO DIRECTOR OF DEVELOPMENT SERVICESIDEPUTY CITY !vL^u~AGER~ CITY MANAGER ~ ASSISTANT CITY/~NAGER S-j' 4/STHS VOTE: YES D NO [gJ 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 ex1ended 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. 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 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. RECOMMENDATION Council adopt the resolution. . BOARDS/COMMISSION RECOMMENDATION Not applicable. 5-1 6/23/09, Item~ Page 2 of 3 DISCUSSION As a result of the current dov,nturn 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 Shea Homes, L.P. - This resolution would approve an agreement with Shea Homes for Tapestry at Otay Ranch Phase 4 and Estrella at San Miguel Ranch. In Tapestry at Otay Ranch, Shea Homes proposes to develop 10 condominium units in Otay Ranch Village 7 Neighborhoods R6 and R7. The project is located east of Wolf Canyon Loop and south of Bob Pletcher Way and is Lots 8 and 9 of of Final Map Number 15014. In Estrella at San Miguel Ranch, Shea Homes proposes to develop 7 residential units in San Miguel Ranch Neighborhood J-2. The project is located northeast of Proctor Valley Road as shown on Final Map Number 15259. Shea Homes, L.P., owns both Tapestry at Otay Ranch Phase 4 and Estrella at San Miguel Ranch Phase 4 and agrees that they are responsible for all of the development impact fees owed for the project. Shea 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. Tapestry at Otay Ranch Estrella at San Miguel Ranch Phase 4 TOTAL $110,305.24 $125,549.21 $235,854.45 $21,157.34 $58,939.21 $80,096.55 $89,147.90 $68,301.89 $157,449.79 Interest on Deferred Fees Applicants will not be required to submit an administrative fee to cover the cost of administerina '" 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 5-2 6/23/09, Item c:; Page 3 of 3 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 of the boundaries of the properties, which are the subject of this action. 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 $80,096.55 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 and approval of individual project payment plan agreements will result in extended payment of processing and development fees. Interest earnings are estimated at $3,956.25. A TT ACHl\1ENTS I. Fee Tables Prepared by: Chester Bautista, Associate Civil Engineer, Development Services Department H:IENGINEERl4GENDAICAS2009106-23-09IDevelopment ServiceslPayment Plan Agreements Shea Homes. doc 5-3 Attachment 1 Lien and Development Impact Fee Payment Plan Program Agreement Estrella Phase 4 (BR09-0026 to BR09-0032) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3) OIF Transportation 01 F Public Fac Admin 01 F Library OIFFire DIF Recreation NPDES Fee TOTALS Balance of Deferred Fees 2.54% Interest" Balance Due @ Final Inspection S 315.00 S 8.00 $ 323.00 $ 24,346.00 $ 618.39 $ 24,964.39 $ 2,082.50 $ 52.90 $ 2,135.40 $ 3,750.00 $ 95.25 S 3,845.25 $ 10,979.50 $ 278.88 S 11,258.38 $ 3,941.00 $ 100.10 $ 4,041.10 $ 3,619.00 $ 91.92 $ 3,710.92 S 8,701.00 S 221.01 $ 8,922.01 $ 7,504.00 $ 190.60 $ 7,694.60 $ 1,372.00 $ 34.85 S 1,406.85 $ 66,610.00 $ 1,691_89 $ 68,301.89 . Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 5-4 Attachment 1 Lien and Development Impact Fee Payment Plan Program Agreement Tapestry Phase 4 (BR09-0016 to BR09-0025) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 6000 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) TraHic Signal Fee (18.2) Res Construction Tax (18.3) DIF Transportation DIF Public Fac Admin 01 F Library DIF Fire DIF Recreation NPDES Fee Otay Ranch Res TOTALS 2.54% Balance of Deferred Fees Interest" Balance Due @ Final Inspection $ 450.00 $ 11.43 $ 461.43 $ 34,780.00 S 883.41 $ 35,663.41 $ 843.00 $ 21.41 $ 864.41 $ 5,000.00 $ 127.00 $ 5,127.00 $ 12,552.00 $ 318.82 $ 12,870.82 $ 5,630.00 $ 143.00 $ 5,773.00 $ 5,170.00 $ 131.32 $ 5,301.32 S 12,430.00 $ 315.72 $ 12,745.72 $ 10,720.00 $ 272.29 $ 10,992.29 $ 1,31200 $ 33.32 $ 1,34532 $ 260.90 $ 6.63 S 267.53 $ 89,147.90 $ 2,264.36 $ 91,412.26 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 5-5 RESOLUTION NO. 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEVELOPMENT IMPACT FEE PA YMENT PLAt'\! PROGRAM AGREEMENTS ("AGREEMENTS") WITH SHEA HOMES, L.P. FOR TAPESTRY AT OTAY RA.l\ICH PHASE 4 AND ESTRELLA AT SAN MIGUEL RANCH PHASE 4, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY, AND DIRECTING THE CITY CLERK TO RECORD A LIENS At'\ID THE AGREEMENTS 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 Tapestry at Otay Ranch Phase 4, Shea Homes proposes to develop 10 condominium units in Otay Ranch Village 7 Neighborhoods R6 and R7; and WHEREAS, in Estrella at San Miguel Ranch Phase 4, Shea Homes proposes to develop 7 residential units in San Miguel Ranch; and WHEREAS, Shea Homes, L.P. owns the both properties for Tapestry at Otay Ranch Phase 4 and Estrella at San Miguel Ranch Phase 4 ("Property") and agrees that they are responsible for all of the development impact fees owed for the project; and WHEREAS, Shea 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: 5-6 1. Approves the Development Impact Fee Payment Plan Program Agreements with Shea Homes, L.P. for Tapestry at Otay Ranch Phase 4 and Estrella at San Miguel Ranch Phase 4. 2. Authorizes the City Manager to execute the Agreements on behalf of the City. 3. Directs the City Clerk to record the liens and the Agreements with the County of San Diego Recorder. Presented by Gary Halburt Director of Development Services C. MiesD ld City Attorney 5-7. THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORt'ffiY'S OFFICE Ai'ID WILL BE FORt\l1ALL Y SIGNED UPON AFPROV AL BY T CITY COUNCIL i d } ~ / uv{;U)1 Bart C. Miesfeld City Attorney Dated: (; 17 jO) I I 5-8 RECORDrNG REQUESTED BY, AND WHEN RECORDED ~l.1JL TO: CITY OF CHULA VISTA Attn: No transfer tax is due as this is a conveyance to a public agency ofless dUI1 a fee interest for whidl no cash consideration has been paid or received For Recorder's Use Only LIEN At'ID DEVELOPMENT IMPACT FEE PAYNIENT PLAt'f PROGRAM AGREEMENT THIS LIEN AND DEVELOPMENT IMPACT FEE PAYMENT PLAN PROGRAM AGREEMENT ("Agreement"), dated 20-, for reference oniy and ex.ecuted on the date on which the last party signs, by and between SHEA HOMES LINIITED P.-\R.TNERSHJP a California L1~nTED ?ARnIERSHIP ("Owner"), md the CITY OF' CHULA VISTA, a California municipal corponlIion 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, Stite of Calitbmia, more particularly described on Exhibit "A" attached ("Property"). B. On Mar::h 8, 2005, the City Council of the City approved the Resolution No. 2005-074, Lot 8 and 9 afFinal Map No. 15014 also known as Taoestrv at Omv Ranch VillalZe 7 Lomas Verdes rNeiahborhoods R61R7) Phase 4 (the "Project"). C. Owner has applied far a building permit(s) far the Project D. Upon t.ie issuance of building permits, certain fees are due <md payable pursuant to City's y{unicipal Code, non-codified ordinances related to lood development, and California Government Code Sections 66000 et seq ("Fees''). The Fees applicable to the building pennits are more particularly described on Exhibit "B", attached. Other fees or charges related to the Project but not included in E:wibit "8", shaJl still be due and payable to d1e City in J.ccordance with the City Municipal Code. Omission of such additional fees and charges from Exhibit "8" 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 hiSJher designee, or until the call for final inspecticn for residential development or issUU1ce 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 \i::ve!opment 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 net jeopardize the public healt.1. safety, and welfare. G. Ord. No. 3120 requires Owner to execute a contract wirb. the City, prior to the issuance of building permits, in order to defer the payment of tile Fees. H. City and Owner desire to enter irto this Agreement deferring payment of 'he Fees for 12 monLis from the penn it issuance with an aption 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 isstance of cer.iticate 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 WAIVES AND RELEASES the City from any and all claims arising out of or related t6 this Agreement, including the amount and type of Fees identified in Exhibit "B". Owner's waiver and release of the cry shall I::xclude any:mi all claims arising out of or related to the City's breach of this Agreement 2. City agrees to defer tie payment of he 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, whidJ.ever is earlier ("Deferral Period"). 3. [nterest shall accrue at the California State Local Agency investment Fund (LAIF) ApportionmentRate 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 ;t;ccessors in interest, whether by inheritance, gift, bequest, devise, sale, conveyance, assignment, or other methcd of transferring title or acquiring interest in or to any part of the Project or Property ("Suc~~ssors"), 5-9 agrees to pay the Fees and Accrued Interest with acertitied 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 th.e fmal inspection or issuance of certitiC:lte of occupancy, as applicable, until payment of Fees and Accrued Interest is made in full. 6. All other rights oflhe parties shall remain unchanged, as if the Fees wen:: paid at the time of permit issuance. Without limiting the foregoing, the Fees payable shall be hose 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 oflhe County of San Diego, Office oflhe County Recorder and shall constirute a lien for the Fees and A.:crued Interest binding upon and running with the Property. If the Owner sells or transfers the Property or any portion cfthe 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 ofne Property or Project being acquired. 8. The burden ofrhis Agreement shall be released from the title to rhe Property upon the payment of Fees and Accrued [nterest Within ten (10) business days following the payment of the Fees and Accru:d Interest, the City shall execute a "Release of Lien" (Exhibit "C"), which shall be in standard fonn, approved by the City Anomey, releasing the burden of this Agreement from the title to the Property. Failure of the Oty to execute the Release of Lien within ten (to) business days of payment of the Fees and Accrued [nterest 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. EJ.ch signatory to this Agreement represents, warrants, and certifies that helshe has the authority to enter into this Agreement on behalf of the Owner, the agencies/companies/trusts, respective officers, directors, ami/or trustees they represent (collectively "Applicants") and that this Agreement shall be binding upon and constirute an obligation of the Applicants. IN" W1T'NESS WHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or designar.ed and authorized representl1:ive thereto, !Il.d by the Owner/Applicoot SHEA HOMES Ll:VUTED PARTNERSHlP, A California limited parmership, Date: oc.,.\"Z..o"\. By ~-~( I~ Date: ''Tc.l.. ". ,>, i/., -:..( THE CITY OF CHULA VISTA, j f....J A California municipal corporation By Is Approved as to fonn ood legality this _dayof .20 Bart Miesfeld, City Attorney By' Deputy City Anomey 5-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT' ;"y<,'P::,,"'~'"'<"~,,""""'...""{:;,"";-!'i.';C'-FC"~")'P<':f;':<:..fy..--C<r':~"X;,.."'1'cC;':"'~~,,:,~"',:~C"'&'('X::,"":(:";..;-f.<!:.f'......~~":c:...'5.~..::.(':1f;C..t-c:~,i'{,.":€<'-''';(><i.'';('-k'C;Rf'.~''x.-,(""'V';cc-)f;i:"..c~'':~~~''J5..~)tf.< State of California } County of (~Y1 -Vile)'':) On, i0'f'f'. /2,7a"Pt before me, Dale / A IcX' .~Yr'i h ,) 6ecYi'Y'(>Y1 VJn+r2 ~ Dul0\~G " . Mero Insllrt Namo an,~ ,!ilIa b!;,~O" Oflk:lIr ' : _ I L. -P\Ic,nr\pr- a..nJ ,InnV') l<,. Vcf\UL Name0jJ11-S.lgnef{sl. ' personally appeared r"-"~ ~,~ SARAH J. BECKMAN "< ~"~: CommlSSiO~ # 15~la62 ~ ~~1? ~..:........~ Notary Public - California 2 J W~ Son Diego County t h .; '_ ~y _Co~m.,:, EX.:'lr: J~l 1.:". 2~9 who proved to me on the basis of satisfactory evidence to be the person@:lwhose name@) Is@ subscribed to the within i' .!rument arid acknowledged to me that he/she/' executed the same in his/her/their aythorized capacity es , and that by his/her/tfr€ir)signature(s)lm the instrumen the persontSh or the'mitity upon 'biihalf of which the person@acYe'd, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. . Place NolarySealAcove Signature , OPTIONAL Though the info(m~'1ljo(} below is not required by J<1w, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this farm to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Individual o Corporate Officer - Title(s): o Partner -IJ Limited fJ General o Attorney in Fact o Trustee [j Guardian or Conservator c; Other: Top of lhlJmb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner-O Umited 0 General o Attorney in Fact OTrustee o Guardian or Conservator o Other: Top aftl"lumb here Signer Is Representing: Signer Is Representing: ~:;;.o;;".;;,1y~".rv.~""~;"'~~,'~'P',~"',;,<;;,~,,,,,,,,;,,'~,~'Y"""-"""~"".-N-~.c.v.,,..,.~~<';.<V~~~,".,i:'\:-~~',......;.~..<,,,..:~~;.~y....y..",*-~~hV";'<; Q2OQ7 NaliOf1ll1 Notary ~'lSQ('J>ltion' !)350 De Solo ..."n., P.O. Box 2407. 'ChlltswQr1h, CA 91:)1:J.2402 'IW!W.NaliQnalN(llary.org, Item JI5007 Reofl'.1er.C.)1I Totl-:Free l'8Go.-876-6827 5-11 LEGAL DESCRIPTION EXHIBIT 'A' LOTS 8 AND 9 OF CHULA VISTA TRACT NO. 05-07, McMILLIN OTA Y RAl~CH VILLAGE 7, "A" MAP IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15014, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ivIA Y 6, 2005. 5-12 EXHIBIT B lien and Development Impact Fee Payment Plan Program Agreement Tapestrj Phase 4 (BR09-0016 to BR09.0025) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 6000 Description Sewer Administrative Fee Sewer Capacity Fee (18.4) Traffic Signal Fee (18.2) Res Construction Tax (18.3)" OfF Transportation DIF Public Fac Admin DIF library DIF Fira DIF Recreation NPDES Fee Otay Ranch Res TOTALS Balance of Deferred Fees 2.54% Interest' Balance Due @ Final Inspection $ 450.00 $ 11.43 $ 461.43 $ 34,780.00 $ 883.41 $ 35,663.41 $ 843.00 $ 21.41 $ 864.41 S 5,000.00 $ 127.00 $ 5,127.00 $ 12,552.00 $ 318.82 $ 12,870.82 $ 5,630.00 $ 143.00 $ 5,773.00 $ 5,170.00 $ 131.32 $ 5,301.32 $ 12,430.00 $ 315.72 $ 12,745.72 $ 10,720.00 $ 272.29 $ 10,992.29 $ 1,312.00 $ 33.32 $ 1,345.32 $ 260.90 $ 6.63 $ 257.53 $ 89,147.90 $ 2,264.36 $ 91,412.26 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12/31/08 Apportionment Rate 5-13 City of Chula Vista Exhibit "e" Recarded 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 Na. 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 Chu!a Vista By' State of California 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 ack:1cwtedged to me that he/she/they executed the same in his/her/their autl10rized 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) 5-14 THE ATTACHED AGREEMENT HAS BEEN REVIEWED Ai"-iTI APPROVED AS TO FORt\1 BY THE CITY ATTORt"\fEY'S OFFICE'A1'lD WILL BE FORt\1ALL Y SIGNED UPON APPROVAL BY CITY OUNC Dated: v I r/o; / I 5-15 RECORDING REQUESTED BY, .-\.'1D WHEN RECORDED MAIL TO: CITY OF CHULA VISTA Attn: No transfer ta.x is due as this is a conveyance to a public agency of less th:n. a fee interest for which no cash consideration has been paid Of received For Recorder's Use Only LIEN AND DEVELOP!.\'IENT uvIPACT FEE PAYMENT PLAN PROGRAM AGREEMENT THIS LIEN AND DEVELOPMENT 1:VIPACT FEE PA n-IENT PLAN PROGRA'I AGREEMENT ("Agreement"), dated .20-----, for reterence only and executed en the date on which the last party signs, by and between SHEA HOMES LIMITED PARTh'ERSHIP a California LI~aTED PARTNERSHIP ("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 OfChula Vista, County of San Diego, Slate of Cali fomi a, more particularly described on Exhibit "A" attached ("Property"). B. On .20-----, the City Council of the City approved Resolution No. 2000-026, Final Map No. 15259 also :mown as Estrella at San Miruel Ranch Phase 4 r,..[ei2:hborhood ].2) (the "Project"). C. Owner has applied for a building perrnit(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 hnd development, and California GovemmentCode 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 Projec~ but not included in Exhibit "B", shall still be due and payable to lhe City in accordance with the City Municipal Code. Omission of such additional fees and charges from Exhibit "8" shall not be a waiver of the obligation or 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 1.2 months, at the sole discretion of the City Manager or his/her designee, or until the call for final inspection for residential development or isswnce of certificaie 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 d:velopment 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 nctjeopardize the public health, safety, and welfare. G. Ord. No. 3120 requires Owner to exea.Lte a contract with the City, prior to the issuance of building permits, in order to defer the payment of me Fees. H. City and Owner desire to enter irto this Agreement deferring payment ofne Fees for 12 months from the permit issuance with an option to extcr1d for an additional t2 months, at the sole discretion of the City :Yfanager or hislher designee, or until the call for final inspection for residential development or issUUlce 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 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 rele<5e of the CIty shall exclude any an:! all claims arising out of or related to me City's breach of this Agreement 2. City agrees to defer the payment of he Fees for 12 months from the permit issuance with an option to extend for an additional 12 months, at the sole discretion ofi.he City Manager or hislher designee, or uruil the call for finallospeCtlon for residential development or issuance of certificate of occupancy for non-residential development, whid1ever is earlier ("'Deferral ?eriod"). 3 Interest shall aCCf'.le 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 behalf of itself ani its successors in interest, whether by inheritance, gift, bequest, devise, sale, convey.mce, assignment, or other memo:! of transferring title or acquiring interest in or to my part of the Project or Property C'Suc~~ssors"), 5-16 agrees to pay the Fees and Accrued Interest with acertitied 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 afme 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 bose in effect at the time of execution of the Agreement as set forth on Exbibit "B" 7. This Agreement shall be recorded by the City in tIle Official Records of the County of San Diego, Office ofne 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 athe Property in any manner, Property shall not be released from any of the <:bligations, covenants, or conditions under this Agreement relating to the Property or portion of the Property or Project"beingacquired. 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 Accned 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 aty to execute the Release of Lien within ten (IO) business days of payment of the Fees and Accrued Interest shall oat be deemed a breach of this Agreement, provided City makes its best efforts to execute 'he 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 aftien. 10. Each signatory to this Agreement represents, warrants, and certifies that he/she has the authority to enter nto this Agreement on behalfofthe 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. rN W1TNESS VlHEREOF, this Agreement is executed by the CITY OF CHULA VISTA acting by and through it's Mayor or designated and authorized representltive thereto, and by the Owner/Applic<l1t SHEA HOMES U:VUTED PARTNERSHIP, A California limited partnership, Date: r<X", _, ~ - o"t By ~ . /' ... / - //. v Its /..:'-" /"'!/ I -::r-.;. ..Ii:; y-..; ~( , A;-...-"'TKCJIU. ?;.,..::...!;::> ~........;- r~ /L~t._ ",,;~j Date: THE CITY OF CHULA VISTA. A California municipal corporation By Is Approved as to form lDd legality this _ day of 20 Bart Miesfeld, City Attorney By: Deputy City Attorney 5-17 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ,~~';(',F.<'~A.,w<'r:r.{'c",;q.€{,;''''''~~':::''~k"'"'7~A''K'"~:;-'{"'.-f''C-^''''Y~",,,~&'~~~.{~":o'>,:.~^-:~q.0::;,~~'.c:('^~~,,~t.-;?'i<-'...,;<~:v,;l:;'"7~":'f."~l';:<I',.;';<""~,((,""'~&,.tU'~~ State of California } County of ,<;;.-" VI Dr (3" On Ion? 17 '7(Y)~befOreme, &"-c<...h Oate~-- personally appeared \..1 1S,,( k~aG' m+o.e:; Hem Insart N:lmf!:m~ 1110 of e Ot/iC!lL , p~b\"G Name(.':l) at Sigmu{s} r--~----~---t SARAH J. BECKMAN @,...... '~', Commission # 1591862 ~ . -51:1' ,.i, Notary Public. California ~ '" ~, ' 5an Diego County ... . : My Comm. expires Jull , 2009, who 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 hislher/lheir signarure(s) on tl1e instrument the person(s), or the entity upon beha~ of which ,the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Nolaty Seal Above Signature Sl1;/l1alur>101 NOlaryPubUc OPTIONAL Though the information below is net required by Ia.w, it ma.y prove valuable to persons relying on the document and could prevent fraudulent removrlllmd reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) fop of tnumb here Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney in Fact D Trustee- D Guardian or Conservator o Othe~ Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - U Limited C General o Attorney in Fact o Trustee CJ Guardian or Conservator o Other: Top of ll1umb Ilere Signer Is Representing: Signer Is Representing: <;;,V.........,'A>~~..,.-"f"'''_;cr'~~.;,;..~;-..~.''''<;:<C;r;'"-<'V.,~~~~'L1v:<:;;;.:.'l'^''~~<;~....v~''''''~,N.:''''~~<j.'l"~~,,,,<:;-~~~~~ ~2007 Nation;)l NOlai)' Associalicn' 0350 De SOlO ~fJ., P.O.8crr 2402 'Cflalswor1h, CA '31.::J1J-7.<lQ2'<tnY't/.NatromriNmmy.atg Item 1J5-907 F1eordet:CaJJ Toll-Free HiCO-67G"i827 5-18 LEGAL DESCRlPTION EXHIBIT 'A' LOTS 1 TO 69, INCLUSIVE, OF CHULA VISTA TRACT MAP 99-04 SAN MIGUEL RANCH PLAJ'lliING AREA J-2, IN THE CITY OF CHULA VISTA, COUNTY OF SA,"'j DIEGO, STATE OF CALIFORNIA, AS PER MAP FILED AS MAP NO. 15259, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 5-19 EXHIBIT B Lien and Development Impact Fee Peyment Plan Program Agreement Estrella Phase 4 (BR09-0026 to BR09-0032) Account 1600 1700 3000 3100 4000 4100 4500 4600 5010 5140 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 Librany DIF Fire DIF Recreation NPDES Fee TOTALS 2.54% Salance of Deferred Fees Balance Due @ Final Inspection Interest" $ 315.00 $ 3.00 S 323.00 $ 24,346.00 $ 613.39 $ 24,964.39 $ 2,082.50 $ 52.90 $ 2,135.40 $ 3,750.00 $ 95.25 $ 3,845.25 $ 10,979.50 $ 278.38 $ 11,253.38 $ 3,941.00 $ 100.10 $ 4,041.10 $ 3,619.00 $ 91.92 $ 3,710.92 $ 8,701.00 $ 221.01 $ 8.922.01 $ 7,504.00 S 190.60 $ 7,694.60 $ 1,372.00 $ 34.85 $ 1,406.85 S 66,610,00 S 1,691.89 S 68,301.89 Interest Rate at 2.54% CA State Local Agency Investment Fund (LAIF) Quarter Ending 12131/08 Apportionment Rate 5-20 City oi Chula Vista Exhibit "C" Recorded at the request of: When recorded, rr.ail to: TERMINATION OF DEVELOPMENT IMPACT FEE PLAN PROGRAM AGREEMENT NOTICE IS HERE3Y GIVEN that tr,e Develc!=ment lmpact Fees due under Condition of the Agreement bet'Neen and the City of Chula Vista, Document Na. the County- Recorder of San Diego County on , far the payment of Development Impact Fees as recorded in the Office of , Document No. , have been Tully 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 befere 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 wit~in instrument and acknowledged to me that heishe/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 fer saia County and State (Seal) 5-21 CITY COUNCIL AGENDA STATEMENT K,c ' ~(f~ CITYOF ~ '"-- (HULA VISTA 06/23/2009 Item-b- ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $10,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AJ'.!D APPROPRIATING SAID FUNDS TO THE POLICE GRAJ'.!T FUND FOR THE A V ID DUI CAJ\1PAIGN. CHIEF OF POLICE CITY MANAGE 4/5THS VOTE: YES X NO SUBMITTED BY: REVIEWED BY: SUMMARY The Police Department is a participating agency in a regional DUI effort to reduce alcohol-involved fatalities and injuries and will be reimbursed on an overtime basis through grant funds from the California Office of Traffic Safety. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA: Thus, no environmental review is necessary. RECOl\'IMENDA TlON Council adopt the resolution. BOARDS/COMlWSSION RECOMMENDA nON Not Applicable. DISCUSSION The California Office of Traffic Safety has awarded grant funding to the County of San Diego for its Avoid DUI Campaign. The County of San Diego Sheriffs Department will serve as the host agency for a regional DUI effort in San Diego County to reduce alcohol- 6-1 06/23/2009, Item~ Page 2 of2 involved fatalities and injuries, and in raise general public awareness regarding the problems associated with drinking and driving. Enforcement operations for this regional DUI campaign include DUIIDL (driver license) checkpoints, DUI saturation patrols, DUI Task Force operations, warrant/probation sweeps and court stings. As a participating agency in this regional effort, the Police Department will be reimbursed on an overtime basis. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(I) is not applicable to this decision. CURRENT YEAR FISCAL IMP ACT Approval of this resolution will result in a one-time appropriation of $10,000 to the personnel category of the Police Grant Fund. The grant funding from the California Office of Traffic Safety will fully offset these costs, resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact by accepting this grant. ATTACHMENTS None. Prepared by: Edward Chew, Administrative Services ivfanager, Police Department 6-2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $10,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE AVOID DUI CAMPAIGN. WHEREAS, the California Office of Traffic Safety has awarded grant funding to the County of San Diego for its Avoid DUI Campaign; and WHEREAS, the County of San Diego Sheriffs Department will serve as the host agency for a regional DUI effort in San Diego County to reduce alcohol-involved fatalities and injuries, and in general raise public awareness regarding the problems associated with drinking and driving; and WHEREAS, the Police Department is a participating agency in this regional effort and will be reimbursed on an overtime basis. NOW, THEREFORE, BE IT RESOL VED the City Council of the City of Chula Vista does hereby accept $10,000 from the California Office of Traffic Safety and appropriate said funds to the personnel services category of the Police Grant Fund. lIDL Approved as to form by: Richard P. Emerson Police Chief ~(/ ;", t.------ Bart'Miesfeld City Attorney 6-3 CITY COUNCIL AGENDA STATEMENT ~(f?- C1TYOF . ~- - (HULA VISTA 06/23/2009 Item~ SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $15,000 FROM THE CALIFORt'JIA OFFICE OF TR.A.FFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE GRAL'JT FUND FOR THE DUI CORRlDOR SAFETY PROJECT. CHIEF OF POLIC;P1,01 CITY tvIANAGER 4/5THS VOTE: YES X NO ITEM TITLE: SUMMARY The Police Department is a participating agency in a regional DUI effort to reduce alcohol-involved fatalities and injuries on Interstates 5 and 805 in San Diego County and will be reimbursed on an overtime basis through grant funds from the California Office of Traffic Safety. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no en vironmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION Tbe California Office of Traffic Safety has awarded grant funding to the California Highway Patrol for the DUI Corridor Safety Project. Tbe California Highway Patrol will 7-1 06/23/2009, Iteml Page 20[2 reimburse the Police Department DUr enforcement activities rendered on Interstates 5 and 805 in San Diego County, in an effort to reduce alcohol-involved fatalities and injuries. Uniformed officers ",ill participate in these our enforcement operations coordinated by the California Highway Patrol/San Diego Office, and \Vill be reimbursed on an overtime basis. 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 I 8704.2(a)(I) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT Approval of this resolution ",ill result in a one-time appropriation of $15,000 to the personnel category of the Police Grant Fund. The grant funding from the California Office of Traffic Safety \Vill fully offset these costs, resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact by accepting this grant. ATTACHMENTS None. Prepared by: Edward Chew, Administrative Services Manager, Police Department 7-2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF (,HUT A VT<;T A A ('('FPTTNG ~ 1 ,(JOO FROM THF CALIFOfu"\iIA OFFICE OF TRAFFIC SAFETY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANT FUND FOR THE DUI CORRIDOR SAFETY PROJECT. WHEREAS, the California Office of Traffic Safety has awarded grant funding to the California Highway Patrol for the DUI Corridor Safety Project; and WHEREAS, the California Highway Patrol will reimburse the Police Department for participation in DUI enforcement activities rendered on Interstates 5 and 805 in San Diego County, in an effort to reduce alcohol-involved fatalities and injuries; and WHEREAS, uniformed officers will participate in these DUI enforcement operations coordinated by the California Highway Patrol/San Diego Office, and will be reimbursed on an overtime basis. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $15,000 from the California Office of Traffic Safety and appropriate said funds to the personnel services category of the Police Grant Fund. Presented by: Approved as to form by: ~c;~-_~ Bart Miesfeld i? f f'{/ ( "1 City Attorney Richard P. Emerson Police Chief 7-3 CITY COUNCIL AGENDA STATEMENT ~\r~ CITY OF . ~~- (HULA VISTA 06/23/2009 Item g SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $1,600 FROM THE U.S. DEPARTMENT OF HONlELA1'\iTI SECURITY MID APPROPRIATING SAID FUNDS TO THE FEDERAL GRANTS FUND FOR THE URBA1'J AREA SECURITY INITIATIVE. CHIEF OF POLIC CITY NIANA ITEM TITLE: 4/5THS VOTE: YES X NO SUMMARY Urban Area Security Initiative (VAS I) funds address the unique equipment, training, planning and exercise needs of large, high-threat urban areas and assist them in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism. The City of San Diego Office of Homeland Security, who manages UASI funds for the region, has authorized the Police Department to use VASI funds for training needs. ENVIRONMENTAL REVIEW This proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a "Project" as defmed under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDA nON Council adopt the resolution. BOARDS/COMMISSION RECOlVfi\'lENDA nON Not Applicable. DISCUSSION 8-1 06/23/2009, ItemX Page 2 of2 The City of San Diego Office of Homeland Security, who administers the Urban Area Security Initiative (UASI), has decided to use a different approach for San Diego's FY 2007 regional UASI allocation. In the past UASI awards, each local jurisdiction was given a specified allocation. The FY 2007 UASI allocation to San Diego County will now be managed by the City of San Diego, and will notify jurisdictions of opportunities to use UASI funds. The Police Department sent one employee to the "Beyond the Badge" five-day course held at the San Diego Regional Academy. This course is designed to help frrst-line leaders in developing and reinforcing foundational leadership skills that enable them to cultivate effective officers and resilient and cohesive team that serve in high-risk, all-hazards environments. UASI funds will reimburse the backfill overtime incurred for attending the course. 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 I 8704.2(a)(l) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of $1,600 to the personnel category of the Federal Grants Fund (fund 272). The grant funding from the U.S. Department of Homeland Security will fully offset these costs, resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMP ACT There is no ongoing fiscal impact by accepting this grant. ATTACHMENTS None. Prepared by: Edvrlard Chew, Administrative Services .i\tfanager, Police Department 8-2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF r'ffiTT A VTSTA Ar'r'FPTTNG !tll>OO FROM THF TTS . DEPARTMENT OF HOMELAl\fD SECURITY AND APPROPRIATING SAID F1JNDS TO THE FEDERAL GRANTS FUND FOR THE URBAN AREA SECURITY INITIATIVE. WHEREAS, the City of San Diego Office of Homeland Security, who manages Urban Area Security Initiative (UASI) funds for the region, has authorized the Police Department to use UASI funds for training needs; and WHEREAS, UASI funds address the unique equipment, training, planning and exercise needs of large, high-threat urban areas and assist them in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism; and WHEREAS, the Police Department sent one employee to the "Beyond the Badge" five-day course held at the San Diego Regional Academy; and WHEREAS, UASI funds will reimburse the backfill overtime incurred for attending the course. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $1,600 from the U.S. Department of Homeland Security and appropriate said funds to the personnel services category of the Federal Grants Fund. Presented by: Approved as to form by: Richard P. Emerson Police Chief ~~- Bart Miesfel ,:;> ,/'v""(,! City Attorney 8-3 _.. _. "..~..'.O'... . _~..._ ",...u_~,'=. CITY COUNCfL &1 REDEVELOP~/\ENT AGENCYI AGENDA STATEMENTI : , \If, , ~~ f:. CITY OF I =~ (HULA VISTA I .',<0 ~',ii1. ITEM TITLE: SUBMITTED BY: REVIEWED BY: 6/23/09, Item~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRlATING $400,000 FROM THE 2008 TAX ALLOCATION REFUNDING BONDS AS A REPAYMENT TO THE GENERAL FUND Ai'lD APPLYING THOSE FUNDS TOWARDS IMPROVEMENTS OF THE ANIMAL CARE FACILITY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (CIP) ENTITLED "CONSTRUCTION OF SITE IMPROVEMENTS AND RELOCATABLE TRAILERS AT THE ANIMAL CARE FACILITY (GG-207)"; APPROPRlATING $400,000 FROM THE GENERAL FUND; k\1ENDING THE FY09 CAPITAL IMPROVEMENT PROGRA1\;f; AND APPROVING A DESIGN BUILD AGREEMENT WITH MJC CONSTRUCTION CO. FOR THE DESIGN AND CONSTRUCTION OF SITE IMPROVEMENTS AND RELOCATABLE TRAILERS AT THE ANIMAL CARE FACILITY (GG-207) IN THE CITY OF CHULA anA, CA DIRECTOR OF PUBLI WORKS ~ CITY MANAGE " ASSISTANT CITY AGER 4/5THS VOTE: YES [;gJ NO 0 SUMMARY On June 16,2009, Council approved an agreement for the Pima Medical Institute (PM!) to partner with the City of Chula Vista to expand and improve the Animal Care Facility (ACF). Approval of this item will amend the Fiscal Year 2009 Capital Improvement Program, establish a new Capital Improvement Project, appropriate funds, and approve the design build agreement with MJC Construction Co. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 3 categorical exemption pursuant to Section 15303 (c) & (d), New Construction or Conversion of Small Structures, of the State CEQA Guidelines because the proposed structures do not exceed 10,000 square feet in floor area and are proposed in a non-environmentally 9-1 6/23/09, Iteml Page 2 of3 sensitive urbanized area where utilities are readily available to service the needs of the structures and occupants. Thus, no further environmental review is necessary. RECOMMENDATION Council and Redevelopment Agency adopt the resolutions. BOARDS/COiVLVIISSION RECOMMENDATION The Chula Vista Redevelopment Corporation at their meeting of June 11, 2009, approved a resolution recommending an appropriation of$400,000 from the 2008 Tax Allocation Refunding Bonds for repayment to theCity of Chula Vista General Fund and applying those funds towards improvemnets of the Animal Care Facility. DISCUSSION The City of Chula Vista has been involved in animal control since 1923. The current ACF, located at 130 Beyer Way, opened in fall of 2001. The Animal Care Services team provides animal control and sheltering services for the cities of Chula Vista, Imperial Beach, and Lemon Grove, as well as animal sheltering services for National City. Approximately 8,300 homeless animals came to the ACF in calendar year 2008. ACF medical personnel performed over 6,500 examinations and over 56,000 medical treatments visits (any one visit can involve administering more than one medication) in addition to 61 in-house surgenes. In an effort to address concerns about providing adequate care for animals and need for additional medical resources, the City contacted PMI. PMI has agreed to partner with the City of Chula Vista to expand and improve the ACF. PMI is a private educational organization dedicated to providing medical training at a reasonable cost to its students. PMI approached the City to enter into a partnership modeled after their arrangements in Clark County, Nevada and in King County, Washington. PMI will co-locate their veterinary school at the ACF and in return provide animal care including spay and neuter surgeries, x-ray services and general veterinary care at the ACF at no cost. On May 28, 2009, in accordance with Section 2.57 of the Chula Vista Municipal Code, the City requested proposals from three (3) pre-qualified Design Build firms to provide design, construction and installation of site improvements and city owned re-locatable trailers at the vacant site located next to the ACF. The project consists of site grading, installing utilities, a 17- space parking lot, relocation of two trailers, landscaping, security fencing and walkways. PMI will utilize one of the two City-owned relocated trailers and ACF staff and students will utilize the other. Request for Proposals were sent to Heffler Company, Inc.; HTA & Construction Inc.; and MJC Construction Co. All three Design Build firms submitted proposals. Based on the proposals, MJC Construction Co. was selected as the most responsive Design Builder. MJC Construction 9-2 6/23/09, Item~ Page 3 of 3 Co. has the extensive construction experience required to meet the City's development schedule, the project cost estimates and the project's proposed completion date on August 22,2009. MJC Construction Co. submitted a design and build proposal for $265,000. Staff will return to Council to approve a Guaranteed Maximum Price at 100% Construction Documents. It is expected that all the available funds will be utilized for the purpose of maximizing the site improvements during the design phase of this project. 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. CURRENT FISCAL IMPACT Currently, the Redevelopment Agency has approximately S 1.4 million available for the issuance of the 2008 Tax Allocation Refunding Bonds. $400,000 is recommended for appropriation towards the payment of the Agency's outstanding City loan which will then be applied towards improvements to the Animal Care Facility. Although this proposal will enable the City to provide more animal care services, there is no net impact to the General Fund reserves due to the loan repayment from the Agency: The site improvements are estimated to be $400,000. The proposal is for PMI to split this cost with the City. The City will invest an initial $400,000 which will be slightly offset by a $25,000 investment from PMI in the first year. PMI will begin making annual payments to the City over a 10 year period for a total of $175,000 beginning in fiscal year 2010-11. In addition, PMI will provide the interior furnishings and equipment for the surgery and x-ray areas at their cost. The breakdown of project cost is as follows: Description Amount Contract $265,000 Utilities $75,000 Staff $75,000 Contingency S35,000 Pro iect Total $400,000 ONGOING FISCAL The annual payments from PMI to the City will result in a positive impact of $175,000 over a 10 year period. ATTACHMENTS 1. Design Build Agreement with MJC Construction Prepared by: Gordon Day, Building Project lVfanager, Public Works-Engineering M: \EngineerlA GEN DA ICAS2 009 \06-2 3-09l4CF design buildFINAL3 mk. doc 9-3 RDA RESOLUTION NO. 2009- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROPRlA TING $400,000 FROM THE 2008 TAX ALLOCATION REFUNDING BONDS AS A REPAYMENT TO THE GENERAL FUND AND APPLYING THOSE FUNDS TOWARDS IMPROVEMENTS ON THE ANIMAL CARE FACILITY WHEREAS, on June 11, 2009, Chula Vista Redevelopment Corporation approved a resolution recommending an appropriation of$400,000 from the 2008 Tax Allocation Refunding for repayment to the City of Chula Vista General Fund and applying those funds towards improvements of the Animal Care Facility (ACF); and WHEREAS, on June 16, 2009, City Council approved an agreement for the Pima Medical Institute (PMI) to partner with the City of Chula Vista to expand and improve the ACF; and WHEREAS, PM] is a private educational organization dedicated to providing medical training at a reasonable cost to its students; and WHEREAS, PMI will co-locate their veterinary school at the ACF and in return provide animal care including spay and neuter surgeries, x-ray services and general veterinary care at the ACF at no cost. NOW, THEREFORE, BE IT RESOLVED that the City Council and the Redevelopment Agency of the City of Chula Vista does hereby appropriate $400,000 from the 2008 Tax Allocation Refunding Bonds as a repayment to the General Fund and apply those funds towards improvements of the Animal Care Facility. Presented by Approved as to form by Richard A. Hopkins Director of Public Works c-2~_ Bart Meisfeld- Agency Counsel 9-4 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT (CIP) ENTITLED "CONSTRUCTION OF SITE IMPROVEMENTS AND RELOCATABLE TRAILERS AT THE ANIMAL CARE FACILITY (GG-207)"; APPROPRIATING $400,000 FROM THE GENERAL FUND; AMENDING THE FY09 CAPITAL IMPROVEMENT PROGRAM; AND APPROVING A DESIGN BUILD AGREEMENT WITH MJC CONSTRUCTION CO. FOR THE DESIGN AND CONSTRUCTION OF SITE IMPROVEMENTS AND RELOCA TABLE TRAILERS AT THE ANIMAL CARE FACILITY (GG-207) IN THE CITY OF CHULA VISTA, CA WHEREAS, on June 16, 2009, Council approved an agreement for the Pima Medical Institute (PMI) to partner with the City of Chula Vista to expand and improve the Animal Care Facility (ACF); and WHEREAS, on May 28, 2009, in accordance with Section 2.57 of the Chula Vista Municipal Code, the City requested proposals from three (3) pre-qualified Design Build firms to provide design, construction and installation of site improvements and City-owned relocatable trailers at the vacant site located next to the ACF; and WHEREAS, the project consists of site grading, installing utilities, a 17-space parking lot, relocation of two trailers, landscaping, security fencing and walkways; and WHEREAS, proposals were received from three firms: Heffler Company, Inc.; HTA & Construction Inc.; and MJC Construction Co.; and WHEREAS, based on the proposals, MJC Construction Co. was selected as the most responsi ve Design Builder. WHEREAS, MJC Construction Co. submitted a design and build proposal for $265,000.00. WHEREAS, MJC Construction Co. has the extensive construction experience required to meet the City's development schedule, the project cost estimates and the project's proposed completion date on August 22,2009. WHEREAS, the breakdown ofproject cost is as follows: 9-5 Description Amount Contract $265,000 Utilities $25,000 Staff $75,000 Contingency $35,000 Proiect Total $400,000 NOW, THEREFORE BE IT RESOLVED that the City Council of the City ofChulaVista does hereby establish a new Capital Improvement Project (CIP) entitled "Construction of Site Improvements and Relocatable Trailers at the Animal Care Facility (00-207)"; Appropriating $400,000 from the Oeneral Fund; amending the FY09 Capital Improvement Program; and approving a Design Build agreement with MJC Construction Co. for the design and Construction of site improvements and relocatable trailers at the Animal Care Facility (00-207) in the City of Chula Vista, CA. Presented by Approved by Richard A. Hopkins Director ofPub(ic Works ~c;.~/ Bart Meisfeld t? City Attorney 9-6 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE Ai"ID WILL BE FORMALL Y SIGNED UPON APPROVAL BY CITy] CO C Dated: 9-7 DESIGN/BUILD AGREEMENT This Agreement is made and entered into this June 23, 2009, for the purposes of reference only and executed on the date on which the last party signs, and is by and between THE CITY OF CHULA VISTA (herein "City"), a municipal corporation, and MJC. Construction, Co. ("Design Builder or D/B"). City and D/B may be referred to individually as "Party" and collectively as "Parties." RECITALS WHEREAS, the Animal Shelter is an existing facility to the City, and WHEREAS, the City of Chula Vista, in an on-going effort to expand the services to the community, has planned for Site Improvements and Relocatable Trailers at the Animal Shelter located at 1771 Fourth Avenue in the City ("Project"); and WHEREAS, Pursuant to ~ 2.57 of the City's Municipal Code, on May 28,2009 the City invited 3 Design-Build firms to present proposals for review, and WHEREAS, all 3 respondents submitted proposal packages and based upon the proposals, Design Builder was selected as the respondent who best met the design, monetary and time criteria of the project with whom City could negotiate an agreement; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein: THE PARTIES AGREE: Section 1: General Scope of Work to Be Performed bv D/B 1.1 In accordance with the terms set forth in this Agreement and the RFP, D/B shall design, construct, and install site improvements and city owned relocatable trailers as outlined in the Site Improvements and Relocatable Trailers at the Animal Shelter Project, attached as Exhibit 1, ("Project"). The Project is located on the 1771 Fourth Avenue in Chula Vista. 1.2 The services to be provided by D/B are generally to be performed in four "Phases"; the services to be provided in each Phase are specified elsewhere in this Agreement. The services provided by the D/B shall include, but not be limited to, all services outlined and described in Exhibit 1, titled "Design/Build Services". 1.3 The D/B shall: Page 1 9-8 1.3.1 Perform all services, work and obligations as described herein for the Guaranteed Maximum Price (GMP), which shall include Design Services and General Conditions necessary to provide a fully completed and functional Project. D/B shall perform all Design Services and General Conditions for the not to exceed amount of nine thousand eight hundred sixty six dollars and sixty cents ($ 9,866.60). At 90% complete construction documents a GMP will be established pursuant to Section 13 of this agreement, which will . include, but not be limited to, the cost for all labor, equipment, and material to design and build a fully functional Project in accordance with all applicable rules, regulations, and laws. The D/B fee shall be 8% of hard construction costs and the bond cost shall be 1.2 % of hard construction costs. Any costs incurred by D/B in excess of said GMP shall be the sole responsibility of the D/B, unless a change order is approved by the City pursuant to Sections 9 and 14 of this agreement. All funds remaining in the GMP at the completion of the project shall belong to the City. 1.3.2 Substantial Completion: Substantial Completion shall be achieved by August 22, 2009. Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of; the Construction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punch list Work. 1.3.3 Achieve "Final Completion" (as defined in S16.2) as established in the Project Schedule (Exhibit 2). Section 2: General Obliqations of City 2.1 City shall be obligated as follows: 2.1.1 Designate a representative (or representatives) who is authorized to act on behalf of City with respect to the Project, except as to those decisions specified herein or by law that require authorization by the Chula Vista City Council; 2.1.2 Make decisions with reasonable promptness to avoid delay in the orderly progress of D/B's services per the Project Schedule Page 2 9-9 ~ 2.1.3 Pay for and cause to be completed all necessary environmental studies and obtain environmental approvals andlor permits with reasonable promptness to avoid delay to the orderly progress of D/B's performance per the Project Schedule; 2.1.4 At the request of D/B, City will use its best efforts to provide D/B with any available information about the Project Site geotechnical soil conditions; it will, however, be the responsibility of D/B to take all reasonable steps to verify all such information as it deems necessary to perform its services under this Agreement. City does not warranty to D/B the accuracy or completeness of any such information. 2.1.5 Cooperate with D/B in identifying, processing and securing required permits, licenses and inspections in a timely fashion; however, this duty to cooperate does not relieve D/B of its primary obligations to identify, apply for and secure all necessary permits (except as provided in 2.1.3), licenses and inspections in a timely manner. 2.1.6 Make payments to D/B in the amounts and in accordance with the terms set forth below. 2.1.7 Issue Certificate of Substantial Completion when City reasonably determines the Project has achieved Substantial Completion as defined below in Section 16.1. 2.1.8 Issue a Notice of Acceptance when City reasonably determines the Project has achieved Final Completion as defined in Section 16.2. 2.2 Citv Review Process. City shall review Design Development Drawings (ODD's), 50% Construction Drawings (CD's), 70% CD's and 90% CD's which shall allow construction of Project in conformity with the Approved Master Plan for the Project. For each D/B submission, City shall have twenty (20) working days to review, approve, conditionally approve or deny. Section 3: General Obliqations of D/B 3.1 D/B shall be obligated as follows: 3.1.1 At all times in performing its services under this Agreement to design and deliver the best possible Project consistent with standard of care in Section 3.3 that satisfies the time, monetary, quality and design parameters set forth in this Agreement; Page 3 9-10 3.1.2 Design and construct the Project on time, consistent with time frames set forth in the Project Schedule and in such a manner that the GMP or Contract Time of the Project shall not be exceeded, but if D/B reasonably believes that any action, inaction, decision or direction by City or agent for the City will likely result in the GMP or Contract Time being exceeded or the Project being completed late, D/B will notify City at Project Team meeting and in writing within five (5) calendar days of discovering such action, inaction, decision, or direction. Included in such notice will be an estimate of the cost and time impact resulting from such action, inaction, decision ordirection. D/B shall provide complete and accurate pricing within ten (10) calendar days of said discovery. 3.1.3 Design Consultants. D/B shall only use those individuals, firms, or entities identified in the submitted and approved RFP to perform the design services under this Agreement. Such Design Consultants shall be qualified, licensed and sufficiently experienced architects, engineers, and other professionals. 3.1.3.1 Substitution. D/B shall not substitute any Design Consultant absent the prior written consent of the City. 3.1.3.2 D/B Continue Obligation. Regardless of which entity performs the design services, D/B shall remain responsible and liable for all Services and the Performance of all Services under this Agreement 3.1.4 Perform all construction on the Project utilizing subcontractors appropriately licensed by the California Contractors State License Board or other required agency; 3.1.5 Perform all services as expeditiously as is consistent with reasonable skill and care and shall complete the services within each and all of the time periods set forth in this Agreement; 3.1.6 Comply with the California Fair Employment and Housing Act and all other State, Federal and, local laws including, but not limited to, those prohibiting discrimination, on account of race, color, national origin, religion, age, sex or handicap; 3.1.7 Study all applicable laws, codes, ordinances, rules, orders, regulations, and statutes affecting the Project, including but not limited to, zoning, environmental, building, fire and safety codes and coverage, density and density ratios and lien laws, and comply with them in performance of its services. D/B shall ensure that within the established GMP that the Project conforms to all applicable federal, Page 4 9-11 state and local laws, statutes, ordinances, rules, regulations, orders or other legal requirements, (collectively "Governmental Requirements") existing as of the date ofthis Agreement. However, the City recognizes that Governmental Requirements and their interpretations by governmental officials ("Code Authority") are often subject to change at any time, even after issuance of a building permit. If, after the date of this Agreement, modifications to the Project are required because of a change in Governmental Requirements or their interpretation by a Code Authority which had not previously been given, or which if given, was different than a prior interpretation of a Code Authority, D/B shall make the required modifications to comply with the same. However, in the event of such an occurrence, the GMP and Contract Time may be subject to an adjustment in accordance with Section 14. Nothing contained in this paragraph shall relieve D/B of its obligations to modify the Project at its own expense where D/B has failed to construct the Project in compliance with Governmental Requirements applicable as of the date of this Agreement. 3.1.8 Control dust and noise in accordance with the provisions in Section 7.1.18 of the 2000 Edition of the Standard Specifications for Public Works Construction, City Ordinances and this Agreement; 3.1.9 Use reasonable care to avoid damaging existing buildings, equipment and vegetation adjacent to the Project Site. If 0/8 causes damage to any of this property, 0/8 shall replace or repair said property at no expense to City and shall not be a basis for seeking an adjustment to the GMP or Contract Time. 0/8 agrees to indemnify City for any and all fines, penalties, liabilities, cost imposed upon City, its officers, employees and agents as a result of this Project. 3.1.10 To obtain all permits necessary to complete the Project. City shall pay cost of permits. D/B shall be responsible for obtaining and paying for all permits normally obtained . by the trades or subcontractors. 3.1.11 Conform its design to the requirements of the Americans With Disabilities Act Accessibility Guidelines ("ADAAG") and the Americans With Disabilities Act ("ADA"). 3.1.12 Seek and obtain written approval from the City of the drawings for each of the following phases: (1) ODD (2) 50% CD's (3) 70% CD's and (4) 90% CD's. Said approval shall be evidenced by written notice to proceed with the subsequent phase. Page 5 9-12 3.1.13 Provide cost estimating and value engineering services, which take into consideration long-range maintenance costs, energy efficiency, and impact operation of the Project. Provide cost estimates to the City at ODD's, 50% CD's, 70% CD's and 90% CD's. Provide final cost estimate, in four copies, to the City with Final Construction Documents. 3.1.14 Review soils and geotechnical reports relating to the Project Site; and detenmine and advise City if any further subsurface investigations are warranted. If such further investigations are authorized by City, D/B shall perform said investigations. The costs of said investigations are Reimbursable Costs to be paid by the City without markup, pursuant to Section 13. 3.1.15 Be fully responsible for all additive costs, damages, and liabilities resulting from errors or omissions beyond the standard of care defined in Section 3.3 by D/B or D/B's agents, employees, design consultants and contractors; such costs, damages and liabilities shall not be chargeable to the City nor shall they be a basis for seeking an adjustment in the GMP. 3.1.16 Seek and obtain written approval from the City of the drawings for each of the following phases: (1) schematic; (2) design development and (3) construction drawings. Said approval shall be evidenced by written notice to proceed with the subsequent phase. 3.2 D/B agrees to fully assume all risks, and costs associated with such risks, in performing the services and meeting the obligations under this Agreement. 3.2.1 Unanticipated subsurface site conditions 3.2.1.1 City assumes risks for unanticipated subsurface site conditions provided D/B notifies City in writing within five (5) calendar days of discovery if D/B believes it has uncovered or revealed a condition which: 3.2.1.1.1 differs materially from that indicated in the soils and geotechnical reports furnished by City, or 3.2.1.1.2 is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in the work required by Agreement. Page 6 9-13 3:2.1.2 Upon receipt of written notice, City shall promptly investigate and if it determines the conditions do materially differ, requiring a change in the Work, City shall commence the processing of a change order pursuant to Section 14. If City determines there is no bona fide Work scope change or is a minor change, which does not impact GMP or Contract Time, City shall notify D/B within ten (10) calendar days. 3.2.1.3 D/B shall not be entitled to an adjustment in the GMP or Contract Time if D/B knew or should have known of the existence of such conditions at the time D/B submitted and agreed to GMP or Contract Time; or the existence of such condition could reasonably have been discovered' as a result of D/B's obligations pursuant to Section 3.1.14. 3.3 D/B 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. Compliance with this section by D/B shall not in any way excuse or limit D/B's obligations to fully comply with all other terms in this Agreement. 3.3.1 D/B warrants that at least one member of the D/B team shall be licensed by the California Contractor's State License Board 'as a General Building Contractor. D/B is to provide a list of the responsible people within their orgariizations performing services, which shall include their qualifications and their function, for approval by the City prior to start of construction. City and D/B shall establish "key personnel" who shall remain on the Project until Final Completion. If any such "key personnel" leave the employment of D/B, City shall have the right to approve the replacement personnel. D/B shall comply with all licensing requirements of the State of California, County of San Diego, and City of Chula Vista. 3.3.2 D/B shall not replace Project Manager, Landscape Architect, and Project Architect at any phase of the Project. The individual Project Manager, Landscape architect and Project Architect are identified in Exhibit 1. Such persons shall not be changed or substituted from the Project, or cease to be fully committed to the Project as deemed necessary by the City in its reasonable discretion, without the prior written consent or instruction of the City. Any violation of the terms and provisions of this Section shall constitute a Material Default. 3.3.3 City Right to Remove Project Manager, Landscape Architect and Project Architect. Notwithstanding the foregoing provisions of Section Page 7 9-14 3.3, if the Individual Project Manager, Landscape Architect or Project Architect, for good cause, proves not to be satisfactory to the City, upon written notice from the City to the General Contractor, such person or person shall be promptly replaced by a person who is acceptable to the City in accordance with the procedures set forth below. 3.3.4 Replacement Selection of Project Manager, Landscape Architect, and/or Project Architect. Within five (5) working days after receipt of a notice from the City requesting the replacement of any Individual Project Manager or Project Architect, or promptly following the discovery by the Design Build Team that any Individual Project Manager, Landscape Architect or Project Architect is leaving the employ of the General Contractor or Architect, as the case may be, the replacement/substitution (together with such person's resume and other information regarding such person's experience and qualifications) shall be submitted to the City for its approval The replacement/substitution shall commence work on the Project no later than five (5) calendar days following the City's approval of such replacement, which approval shall not be unreasonably withheld. In the event that the City and Design Build Team cannot agree as to the substitution of replacement of the Individual, the City shall be entitled to terminate this Agreement for cause. 3.4 DfB shall cooperate with City in obtaining Environmental approvals and/or permits. 3.5 DfB agrees and acknowledges thatthe City Representative is the only person with authority to approve additions or modifications to Project. Any costs or delays resulting from or associated with additions or modifications implemented without the written authorization of City Representative shall be borne exclusively by DfB and not be grounds for an increase in GMP or Contract Time unless necessary to protect public health, safety or property. 3.6 DfB team is to provide progress photographs taken at regular intervals throughout the Project. Photographic documentation shall depict an overview of Project site showing work in progress. Dates and times to be documented. Copies of documentation shall be transmitted to the City monthly. The costs are Reimbursable Costs to be paid by the City without markup, pursuant to Section 13.3. 3.7 D/B shall fully cooperate with City Representative and any of its agents assigned to this project. Section 4: Work Restriction and Biddinq Requirement Page 8 9-15 4.1 D/B shall determine how best to package portions of the work for purposes of bidding. D/B shall be responsible for selectively bidding all construction work to others and for entering into subcontracts, in D/B's own name, with the bidder who in D/B's discretion best meets the monetary, time, and performance requirement of the Project. D/B is required to submit a summary of bid results for each bid package. D/B shall be responsible for ensuring that these contracts fully comply with all applicable local, state and federal laws, some but not all dfwhich are listed below. 4.2 D/B shall hear and decide bid protests and shall develop and maintain bid protest procedures for that purpose. City shall be timely informed of all bid protests (prior to resoluticin) and the outcome of said protests Section 5: D/B's Phase I Services and Obliqations - Desiqn Development 5.1 D/B's services in Phase I shall include, but are not limited to the following: 5.1.1 Continue to develop and refine project requirements and review such requirements with the City. 5.1.2 Prepare complete ODD's such that the ODD include, without limitation, the following: 5.1.2.1 Site plan with pertinent notes and dimensions indicating property line; existing public streets, sidewalks, curb cuts, other public improvements; required setbacks; service, trash, fire lane and truck access, adjacent buildings, building outline; basketball courts, multi-use sports field, softball field, informal skate area, play areas, shelters, landscape and site elements. 5.1.2.2 Floor plans including graphically demonstrating interior and exterior walls and fenestration with notes, dimensions and. grid lines; room names, structural bay spacing with grids, critical dimensions and area calculations; 5.1.2.3 Roof plans including detailed notes, dimensions, mechanical equipment locations, define material for mechanical screens, skylights and roof access, roof . materials, roof drainage and establish window washing concept; 5.1.2.4 Building sections including vertical dimensions, floor assembly thickness showing known structural elements, notes and dimensions. Page 9 9-16 5.1.2.5 Exterior elevations including material references and extent; visible roof top elements; existing and new line of grade; indicate of floors with leader lines; and vertical dimensions; notes, dimensions and grid lines. 5.1.2.6 Wall sections including all wall sections, dimensions, horizontal element offsets, and guide to exterior face of wall; dimensions, vertical floor to floor, floor to window head and sill and floor to ceiling; structural elements and assemblies; interior and exterior wall finishes; and wall and roof assembly; 5.1.2.7 Outline specifications, written description of Animal Care Facility Site Improvements and Relocatable Trailers and components including site work. 5.1.2.8 Verify all code compliance including building 'construction type, occupancy sprinkler requirements, existing, zoning and other agency conformance and ADA. 5.1.2.9 Delivery of 3D rendered images, color and material boards, reflected ceiling plans, and special system or equipment plans. 5.2 Prepare and submit to City detailed cost estimates with ODD. 5.3 Submit completed ODD to City. Obtain comments from City and make revisions to ODD as required. Obtain written approval or conditional approval from City to proceed to Phase II Services. If conditional approval granted, D/B shall address all City comments or issues in the next set of drawings developed. City retains the right to withhold approval and require resubmittal of the ODD. Any delay or additional costs resulting from the re-submittal shall be borne exclusively by D/B and not be grounds for an increase in the GMP or Contract Time. Section 6: Desion Phase Services and Oblioations - Construction Documents- Phase II 6.1 D/B's services in Phase II shall include but are not limited to the following: 6.1.1 D/B shall continue to develop and refine project requirements and review such requirements with City; Page 10 9-17 6.1.2 DIB shall prepare CD's which shall include, without limitation, the following: 6.1.2.1 Architectural plans and details, including: 6.1.2.1.1 Site plan indicating general location and nature of on-site and the necessary off-site improvements. 6.1.2.1.2 Floor plans, including roof, showing space assignments, sizes, and location of installed or fixed and movable equipment which affects the design of the spaces. 6.1.2.1.3 Building elevations indicating exterior design elements and features, including fenestration arrangements, materials, mechanical and electrical features appearing on the walls, roofs, and adjacent areas. 6.1.2.1.4 Interior elevations to establish functional requirements, equipment, and all systems locations. 6.1.2.1.5 Typical building sections showing structural members, dimensions, accommodation of functional systems. primary and 6.1.2.1.6 Typical wall sections sufficient to indicate materials, openings, and major features. 6.1.2.2 Structural drawings including plans and sections of sufficient clarity and detail to show the extent and type of structural system and dimensions, final structural design criteria, fouhdation design criteria, preliminary sizing of major structural components, critical coordination clearances and applicable material lists. 6.1.2.3 Mechanical plans and details; 6.1.2.4 Landscape and Irrigation plan and details; 6.1.2.5 Electrical plans and details; Page 11 9-18 6.1.2.6 Plumbing plans and details; 6.1.2.7 Plans showing installation of major systems, equipment, fixed furnishings and graphics; 6.1.2.8 Technical specifications; 6.1.2.9 All other technical drawings, schedules, diagrams and specifications, to set forth in detail the requirements for construction of the Project which, at a minimum, include: 6.1.2.9.1 Provide information customarily necessary for the use of those in the building trades; 6.1.2.9.2 Include documents customarily required to obtain regulatory agency approvals; 6.1.2.9.3 Provide color board and architectural rendering for required presentations. 6.1.2.10 Mechanical design documentation consisting of continued development and expansion of schematic mechanical design consisting of: 6.1.2.10.1 Single line layouts and the approximate sizing of all equipment and capacities, preliminary equipment layouts. 6.1.2.10.2 Required space requirements for the equipment, required chases and clearances, acoustical and vibrations control, visual impacts and energy conservation measures. 6.1.2.11 Electrical design documentation consisting of continued expansion of the schematic electrical design consisting of: 6.1.2.11.1 Criteria for lighting, electrical, communications audio visual, close circuit T.V., lighting controls and other electrical systems typical to civic facilities, the approximate sizes and capacities of major components transformers-panels-switch gears; 6.1.2.11.2 Preliminary equipment layouts, required space for equipment, required chases and clearances. Page 12 9-19 6.1.2.12 Sections through critical areas showing architectural, structural, mechanical elements. coordination of and electrical 6.1.2.13 Final specifications, including but not limited to the following: 6.1.2.13.1 Architectural: general description of the construction, including interior finishes, types and locations of acoustical. treatment, typical and special floor coverings and final exterior and interior material selection; 6.1.2.13.2 Mechanical: description of air conditioning, heating and ventilation systems and controls, ducts, and piping system; " 6.1.2.13.3 Electrical: description of electrical services, including voltage, type and number of feeders, lighting systems, including lighting levels and audiovisual, security-fire alarms and cable antenna television systems; 6.1.2.13.4 Landscape: General description ofthe construction, including plan materials, plant locations, maintenance period and irrigation systems. 6.1.2.13.5 Play Areas: Description of play equipment including installation procedures, type, color, finishes and locations. 6.1.2.13.6 Site Work: General description of the construction, including finishes, types of materials and locations. 6.1.2.13.7 Other: Such other documents to fix and describe the size, quality and character of the entire Project, its materials, and such other elements as shall be appropriate. 6.1.2.14 Plumbing drawings including location and quantity of fixtures, equipment sizes, room sizes for plumbing equipment, and final specifications as appropriate. Page 13 9-20 6.2 D/B shall determine and establish the sequence of construction, and if appropriate, identify separate bid packages to accomplish phased construction of the Project. 6.3 D/B shall prepare a detailed Critical Path Method schedule for all construction components of the Project (" Detailed Construction Schedule") utilizing Microsoft Project software, showing all major milestones, bid dates for the major bid packages, commencement of construction, sequence of construction, completion of structural elements, completion of the of Site Improvements and Relocatable Trailers, all of which shall conform with the dates of Substantial Completion and Final Completion of Project. 6.4 Review as needed the CD's with the governmental authorities having jurisdiction over the Project. 6.5 Notify City within seven (7) days in writing whenever D/B reasonably believes that the cost ofthe Project is likely to exceed the GMP or Contract Time and include in said notice: 6.5.1 An itemized cost breakdown estimate; 6.5.2 A list of recommended revisions which D/B believes will bring Project within the GMP; 6.5.3 ,Assist City in reviewing the itemized cost breakdown and recommend revisions so that City can revise the scope of the Project so that the GMP is not exceeded. 6.5.4 Provide a master accounting system and matrix on Microsoft Excel that will be updated, expanded and provided to the City monthly as the Project develops. 6.6 D/B shall develop and implement Project Management Plan and Procedures including: 6.6.1 Project status reports 6.6.2 Coordination/interface with the City and its other co nsu Itantslcontractors 6.6.3 Initial Design kickoff meeting to be held no later than five (5) working days from the Effective Date of Agreement. 6.6.4 Biweekly Design and Construction meetings Page 14 9-21 6.6.5 Interface and communications with other agencies 6.6.6 Vendors and subcontractors management 6.6.7 Document control 6.6.8 Schedule and budget control 6.6.9 Quality assurance and quality control 6.6.10 Throughout the design phase, the Consultant shall provide scheduling and cost control reports monthly. 6.7 Utilizing the 2000 Edition of the Standard Specifications for Public Works Construction, 2000 Edition of the Chula Vista Standard Special Provisions, 2000 Edition of the Regional Standards, 2002 Edition of the Chula Vista Construction Standards, the City's facility program, performance and design criteria, concept drawings, and reports incorporated herein by reference, DB shall: 6.7.1 Prepare construction drawings and specifications suitable for obtaining City-approved permits and to allow construction. Preparation of technical materials and equipment specifications for pre-purchase will be the responsibility of the DB. 6.7.2 Submit Construction Documents to the City for plan check, and make any changes therein as may be lawfully required. Obtain . general building permit and all ancillary permits and licenses, including but not limited to, demolition permits, improvement permits and grading permits. 6.7.3 Complete the design for all elements of the Project, including, but not limited to: civil, structural, architectural, mechanical, electrical, landscape, and specialty consulting areas. 6.7.4 Evaluate alternative structural and construction approaches to ensure economical designs, which optimize constructability yet meet all codes, architectural concepts, schematic designs, and standard specifications of the Project. Design and construction shall also meet all ADA requirements. 6.7.5 Provide additional site surveys and geotechnical investigations to the extent the DB determines they are necessary for final design. The survey information provided by the City is preliminary in nature and may not have sufficient accuracy or scope to support final design. Page 15 9-22 6.7.6 Furnish support to a City constructability review team at the 50%, 70% and 90% percent design completion stage. Incorporate the results of this review into the design. 6.7.7 Provide updated construction cost estimates at durations specified in this agreement to support Value Engineering (VE) and constructability reviews. Section?: Construction Phase Services - Phase III: 7.1 The D/B shall construct the Project in accordance with City-approved plans and specifications prepared by the DB to meet or exceed all requirements ofthe City provided program, schematic design and the performance criteria. The DB shall: 7.1.1 7.1.2 7.1.3 7.1.4 7.1.5 7.1.6 7.1.7 7.1.8 Prepare and submit to City for review separate bid packages as D/B determines appropriate to enable the construction of the Project to proceed in an efficient and cost effective manner; Conduct competitive bidding for the respective bid packages. D/B shall require additive alternates for extended warranties in bid packages for roofing and HVAC systems. Schedule and conduct pre-bid conferences to answer questions posed by bidders. Said answers and any other information required to provide clarification to the Construction Documents during the bidding process shall be issued as written addenda and provided to all prospective bidders; Execute subcontracts, in D/B's own name, with the bidder best meeting the monetary, time, and performance requirements of the Project in the professional opinion of the O/B. Perform construction management and administration services during the construction of the Project; Be responsible for and coordinate all construction means, methods, techniques, sequences and procedures; Coordinate scheduling of bid packages, submittals, and all design and construction of the Project to ensure the efficient and orderly sequence of the construction of the Project. Monitor and report to the City on actual performance compared to schedule; 16 Page 9-23 7.1.9 . Give all notices and comply with laws, ordinances, rules, regulations, and lawful orders of public authorities relating to the Project; 7.1.10 Provide timely review and approval of shop drawings, samples of construction materials, product data, schedule submittals, and other submittal for compliance with the Construction Documents; keep City advised of all such matters being reviewed and approved by D/B; 7.1.11 Issue responses to Requests for Infonmation, substitution requests, and Change Order requests. Provide City with copy of all correspondence within twenty-four (24) hours of receipt. Conduct weekly review meetings with City to discuss these items. All change orders, including zero dollar change orders which require the use of D/B Contingency Fund, irrespective of impact on GMP and Contract Time shall require City approval; 7.1.12 Establish and maintain a quality control program with appropriate reviews and independent testing procedures to ensure compliance with the Construction Documents; 7.1.13 Coordinate all required inspections in such a manner that the progress of construction is not affected or impacted; 7.1.14 Correct any work which does not conform to the Construction Documents; 7.1.15 Keep City informed of the progress and quality of the design and construction of the Project; 7.1.16 Pay royalties and license fees, if applicable. D/B shall defend suits or claims for infringement of patent rights and shall defend and hold City and City's agents harmless from loss on account thereof 7.1.17 Ensure Project is maintained in a clean, neat, sanitary and safe condition free from accumulation of waste materials or rubbish. Prior to Final Completion, D/B shall cause to be removed from and about the Project all tools, construction equipment, machinery, surplus materials, waste materials and rubbish; Page 17 9-24 7.1.17.1 !~J~~~~~~1'l~~)~~~~~1i~~~~~*~\l~1~li'i{~.i r c .c a5Ths)''':Wit' c u 'lIf~""",,;rnT., ..t.li,r!a.'.i~.I.':~.~.i.:,~.i.:[~.'i.l,9.~,I~~,~:.<.:",!y...ll,n,g.:r.~~.'i?"~~~,",":: ~,,!~,.l.g frafi'cn.is? n'aUi~~is'X\Hiecr (formerl"" 8acifrc):VVas e.SeNtc'es ~b:~:rQ\'~y1[~tJi~'gfi~~:1~1(~~t~ji1~t~4'6gE' -.- ..-->. ~. . -,,- ... 7.1.18 Develop a mutually agreed upon program to abate and minimize noise, dust, and disruption to access for parking and services at all times for adjacent business entities and residences; 7.1.19 Provide City with a Detailed Construction Schedule (DCS) on an approved software within fourteen (14) working days after receiving Notice to Proceed with Phase IV, provide updated versions of DCS on a monthly basis, and provide immediate notice of any impact on critical path items; 7.1.20 Conduct and prepare minutes for weekly Project team meetings with City and appropriate design and construction members; 7.1.21 Maintain a complete and up-to-date set of Construction Documents in the Projects field office at a[1 times during construction which reflect all changes and modifications, and at the end of construction prepare for City a complete set of Project documents, along with four reproducible, and one electronic set of drawings depicting As-Built conditions for Project; 7.1.22 Notify City in writing when D/B believes that the Project has achieved Final Completion; 7.1.23 Assemble and deliver to City upon Final Completion all records, documents, warranties, bonds, guarantees, maintenance/ service contracts, and maintenance and operating manuals; 7.1.24 Inspect the Project during the one-year general building warranty period, identify items requiring repair, and oversee those repairs. Inspect the each component at 180 and 360 days after Final Completion of Project and prepare reports to City, develop budgets and direct all repairs. Page 18 9-25 7.1.25 Conduct contractor meetings, as necessary, to provide technical input. 7.1.26 Provide interpretation of technical specifications and drawings. 7.1.27 When appropriate, witness testing and review materials and equipment testing results and provide comments regarding conformance with specification requirements. 7.1.28 Provide list of required shop drawing submittals. Review shop- drawing submittals for technical compliance and forward copy to City for review. 7.1.29 Assist during final acceptance process by furnishing final walk- through(s) and comments. 7.1.30 The DB shall be responsible for complete management, supervision, and reporting of all aspects of the construction of this Project. 7.1.31 The DB shall provide resident management and contract administration, including specialists necessary for the functional, safe, on-budget and on-schedule completion of the Project, starting with the issuance of a Notice to Proceed, upon receipt of final construction drawings, from the City and extending through issuance of Notice of Completion and Acceptance. City staff will perform inspections to verify compliance with the plans, specifications and contract documents. 7.1.32 The DB resident staff shall ensure construction compliance with applicable local, state, and federal codes, building and environmental permit requirements, construction mitigation documents and enforcement of the Contract Documents. 7.1.33 The DB is responsible for the design, construction and all contract administration services during the construction of the Project in accordance with all applicable laws, regulations, and codes, including, but not limited to, the 1990 Americans with Disabilities Act [ADA] and Title 24 California Code of Regulations [Building Code] as defined in Section 18910 of California Health and Safety Code [Title 24]. The DB is responsible as a designer, employer, and City representative to comply with all portions of Title 24 and the ADA. , 7.1.34 The DB shall provide surveying, and other contracted services as required to complete project construction inspection and testing tasks. The City will provide special inspection services and periodic building inspections. DB is responsible for scheduling and coordinating all inspections and paying for all re-inspections. Page 19 9-26 7.1.35 The DB shall develop a project-specific Plan for defining, tracking and reporting cash flow activity requirements and submit such plan to the City for review and approval prior to implementation. 7.1.36 The DB shall implement and maintain an internal records management and document control system as required to support project operations. The DB shall provide records management and document control information in a manner consistent with the City's reporting system. 7.1.37 The DB shall administer and coordinate the project contract closeout process and shall resolve any warranty provision issues. The DB shall report progress of project contract closeout to the City in a manner consistent with the City's reporting system. 7.1.38 The DB shall administer and enforce the Environmental Mitigation Monitoring and Reporting Plan for the Project, if any. The DB shall report a record of environmental issues to the City in a manner consistent with the City's reporting system. 7.1.39 Prepare Operations Manual. 7.2 Unless the D/B receives the City's prior approval to substitute equal or better quality materials, the D/B warrants to City that materials and equipment incorporated in the Project will be new, unless otherwise specified, and that the Project will be of good quality, free from faults and defects, and in strict conformance with the Construction Documents and in accordance with Section 22. Section 8: Operation/Startup Phase Services - Phase IV 8.1.1 The DB shall prepare, submit for City review and written approval, and implement a Project Startup and Testing Plan for the Project. 8.1.2 The DB shall conduct Operator Training Sessions for facilities. 8.1.3 The DB shall supervise, manage, and coordinate all project startup and testing activities for mechanical systems within the provisions of the project Contract Documents. 8.1.4 The DB shall report progress of project startup and testing to the City in a manner consistent with the City's reporting system. 8.1.15 The DB shall report to the City all guarantee/warranty disputes. The DB shall proceed to resolve such disputes after having submitted to Page 20 9-27 Section 9: the City for review and approval the DB's approach for obtaining resolution for the dispute. Additional Services 9.1 City will have the right to direct D/B to perform Additional Services beyond those specified in this Agreement. D/B may provide Additional Services only if authorized in writing, in advance, by City and after complying with Section 9.4. The City may propose changes to the Work of a subcontractor after the bid has been awarded. In the event of a change of this nature, D/B will estimate the cost of the Change Order, assist City in developing drawings and specifications as necessary, solicit a revised bid, negotiate with the subcontractor, present a recommendation for a Change Order to City, and implement construction as approved by City. 9.2 For Additional Services which increase the Hard Construction Costs, design costs, or other reasonably necessary costs of the Project, D/B shall be paid the D/B fee of 8%of hard construction costs, 1.2% of hard construction cost for bonding and actual costs for liability insurance for the additional services. 9.3 For additional services, which result in an extension of the Substantial Completion date, D/B shall be paid a fee equal to the number of working days the Substantial Completion date is extended multiplied by the daily prorated amount of the general conditions fee included within the GMP. 9.4 If at any time D/B contends that it is being asked to perform Additional Services, it shall give City written notice 5 days prior to performing said services indicatin'g that D/B intends to seek additional compensation beyond the DIB Fixed Fee. Furnishing advance written notice shall be a condition precedent to being able to seek additional compensation from City. . Section 10: Bonds 10.1 Bonds. D/B shall furnish performance and payment bonds with the names of the obligees designated as the City in the amount set forth below, as security for the faithful performance and payment of all D/B's obligations under the Agreement. D/B shall also furnish such other bonds as are required by this Agreement. 10.1.1 Payment Bond. DIB shall provide City with a Payment (material and labor) Bond in favor of City for one hundred percent (100%) of the Hard Construction Costs. 10.1.2 Performance Bond. DIB shall provide City with a Faithful Performance Bond in favor of the City for one hundred percent (100%) of the GMP. Page 21 9-28 10.2 Term. The Payment Bond shall remain in full force and effect at least until the Project is accepted by the City and all claims for materials and labor are paid, for a minimum of thirty (30) calendar days after the filing date of Notice of Completion, except as otherwise provided by law or regulation or by this Agreement. 10.3 Certificate of Agency. All bonds shall be signed by an agent and accompanied by a certified copy of such agent's authority to act. 10.4 Licensing and Rating. All bonds shall be in the form prescribed by 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, and whose underwriting limitation is sufficient to issue bonds in the amount required by this 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 bya certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. 10.5 Insolvency or Bankruptcy. If the surety on any bond furnished by the O/B is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located, D/B shall within seven (7) calendar days thereafter substitute another bond and surety, acceptable to the City. Section 11: Insurance 11.1 The insurance provisions herein shall not be construed to limit O/B's indemnity obligations contained in this Agreement. 11.2 D/B shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the O/B, his agents, representatives, employees or subconsultants. All subconsultants shall be required to comply with the applicable insurance provisions. The maintenance of proper coverage is a material element of the contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract. 11.3 Minimum Scope of Insurance 11.3.1 Coverage shall be at least as broad as: 11.3.1.1 Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) including Page 22 9-29 Insurance Services Office Form (G0009 11 88 Owners and Contractors Protective Liability Coverage Form - Coverage for Operations of Designated Contractor). 11.3.1.2 Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). 11.3.1.3 Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 11.3.1.3.1 Prior to the execution of the Contract by the City, D/B shall file the following signed certification; "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance, in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of the Contract" 11.3.1.4 Errors and Omissions Insurance. For all D/B's employees who are subject to this Agreement, D/B shall keep in full force and effect, or D/B shall require that its architect/engineer(s) of record keep in full force and effect errors and omissions insurance providing coverage for professional liability with a combined single limit of one million d,ollars ($1,000,000) per claim and two million dollars ($2,000,000) annual aggregate. DIB shall ensure both that (i) this policy retroactive is on or before the date of commencement of the Project, and (ii) this policy has a reporting period of three (3) years after the date of completion or termination of this Agreement. DIB agrees that for the time period defined above, there will be no changes or endorsements to the policy that increases the City's exposure to loss. 11.3.1.5 Builder's Risk Propertv Insurance: The City of Chula Vista will provide coverage for "all risk" Builder's Risk Insurance, excluding the peril of earthquake and flood, and subject to other policy terms, conditions and exclusions, Coverage will be provided for the Replacement Cost of Materials, Equipment and fixtures destined to become a permanent part of the Page 23 9-30 structure, Property in Transit and Property in Offsite Storage for construction in an amount not to exceed $265,000.10. Contractors and Subcontractors will be added to policy as Loss Payees as their interest may appear. Contractor and its Subcontractors will be solely responsible for any loss or damage to their personal property including contractor's tools and equipment owned, used, leased, or rented by the Contractor or Subcontractor. The $10,000 policy deductible amount will be the responsibility of Contractor and/or Subcontractor 11.4. Minimum Limits of Insurance 11.4.1 Contractor or appropriate subconsultant shall maintain limits no less than: 11.4.1.1 General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (Including operations, products and completed operations.) 11.4.1.5 Builder's Risk $255,133.5 o Hard Construction Cost of Structure 11.5 Deductibles and Self-Insured Retentions 11.5.1 Any deductible or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; . or the D/B shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 11.6 Other Insurance Provisions 11.6.1 The general liability policy shall contain, or be endorsed to contain, the following provisions: 11.6.1.1 The City, its officers, officials, employees, and volunteers are to be covered as additional insureds using ISO Form CG 2010 or its equivalent, with respect to liability arising out of work or operations performed by or on behalf of the D/B including 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. 11.6.1.2 For any claims related to this project the D/B's insurance coverage shall be the primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the D/B's insurance and shall not contribute with it. 11.6.1.3 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 Sections 2782 of the Civil Code. Page 25 9-32 11.6.1.4 Contractor'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 11.7 Verification of Coverage 11.7.1 Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirernents. All certificates and endorsements are to be received and approved by the City before work cornmences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. 11.8 Subcontractors 11.8.1 All coverages for subcontractors or subconsultants shall be subject to all of the requirements stated herein. Subcontractors and Subconsultants shall be protected against risk of loss by rnaintaining insurance in the categories and at the lirnits required herein. Subcontractors and Subconsultants shall name City and DfB as additional insureds under its policies. 11.9 Cooperation. The DfB and its Contractors shall cooperate fully with and provide any information or records requested by the City or regarding all aspects of the insurance and project, including but not limited to claims, audit, payroll, insurance records and safety. Delays in reporting information to the City rnay result in delays in progress payments to the DfB. 11.10 Prior to beginning Work under the Agreement, each and every Contractor of any tier shall furnish Certificates of Insurance satisfactory to the City. All such Certificates shall contain at least the following provisions: 11.10.1 Thirty (30) days written notice to the City prior to any cancellation, non-renewal or material reduction in coverage. 11.10.2 The words "will endeavor" and "but failure to rnail such notice shall impose no such obligation or liability of any kind upon the company, its agents or representatives" will be deleted from the Certificates. Page 26 9-33 11.10.3 Throughout the life of the Agreement, each and every Contractor of any tier shall pay for and maintain in full force and effect, with Insurers authorized by the California Insurance Commissioner to do business in the State of California, any policies required by this Agreement. 11.10.4 Any insurance provided for this project is to be placed with licensed insurers admitted to transaction business in the State of California with a current A.M. Best Rating of not 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 AX. Any exceptions are at the sole discretion of the City and subject to written approval of the City. 11.11 Questions concerning the insurance requirements of this Agreement shall be directed to the City Representative. Section 12: Inspection 12.1 City shall be responsible for City inspection and material testing and' inspections, with reimbursement to be required by DIB for any re-inspections. The City shall either perform said inspection services with its own forces or contract with third parties. It shall be the responsibility ofD/B, however, to call for, coordinate and schedule all inspections. 12.2 City, its consultants, subcontractors, independent testing laboratories as well as other governmental agencies with jurisdictional interests will have access at reasonable times for this observation, inspecting and testing. DIB shall provide them proper and safe conditions for such access and advise them of DIB's safety procedures and programs so that they may comply. 12.3 City will make, or have made, such inspections and tests, as the City deems necessary to see that the Work is being accomplished in accordance with the requirements of the Construction Documents or shall in any way limit or modify DIB's indemnity obligations as provided for within this agreement. Unless otherwise specified, the cost of such inspection and testing will be borne by the City. In the event such inspections or tests reveal non-compliance with the requirements of the ' Construction Documents, DIB shall bear the cO,st of corrective measures deemed necessary by City, as well as the cost of subsequent re-inspection and re-testing, Neither observations by the City nor inspections, tests, or approvals by others shall relieve DIB from DIB's obligations to perform the Work in accordance with the Construction Documents. DIB shall give City timely notice of readiness of the Work Page 27 9-34 for all required on and off-site inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. D/B shall give at least 24 hours notice for on-site inspection and five (5) days notice for off-site inspection. 12.4 City has the right to stop or suspend Work activities which will conceal or cover up D/B Work product which is to be inspected or tested, or which will interfere with the inspection or testing activities, for a reasonable time and D/B will have no right to additional cost or time it may incur as a result of the Work stoppage. Section 13: D/B GMP for Services and Reimbursements 13.1 D/B shall submit to City 90% Construction Documents ("CD's") for approval. Upon the approval of the 90% CD's, D/B shall, within ten (10) working days, submit a GMP for approval by City. The GMP shall include all Hard Construction Costs, . D/B Contingency Fund, Reimbursable Costs, and D/B Fixed Fee for the complete design and construction of the entire Project as specified in the 90% CD's; provided that: 13.1.1 The GMP shall not exceed $265,000.10 and included within said GMP shall be no more than 9,866.60 for Design Services and General Conditions as previously identified in Section 1.3.1 of this agreement. 13.1.2 Said GMP shall be supported by a detailed itemized breakdown that shows: the D/B Fixed Fees and the expected Hard Construction Costs for each of the major trades working on the Project including labor, material expenses, equipment costs, and a reasonable D/B Contingency Fund. Said D/B contingency fund shall not exceed 5% of the Hard Construction Costs. 13.1.3 All Hard Construction Costs included in the GMP are for direct Construction costs incurred in performing the work, including taxes, delivery and installation. City shall reimburse D/B for the exact amount of subcontract, self- performed "'Iork or invoice amount. No additional D/B markup, handling fees, overhead, or other charges are to be added or paid except as otherwise set forth in this agreement. Upon Final Completion of the Project, any amount of Hard Construction Costs or D/B Contingency Fund monies not utilized shall result in a deductive Change Order. 13.1.4 The GMP shall include a D/B Contingency Fund which can be used by the D/B with City approval. If the Parties mutually agree that there is a sufficient surplus, the D/B Contingency Fund will be Page 28 9-35 available to provide additional funds for Change Orders as provided for in Sections 7 and 14 of this Agreement. This Contingency Fund will not be available for: (1) Work required due to D/B's and/or Contractors/subcontractors failure to perform according to the terms of this Agreement and/or in compliance with the Construction Documents, or (2) uninsured losses resulting from the negligence of D/B or its Contractors/subcontractors. All change orders, including zero dollar change orders, which require the use of the D/B Contingency Fund, shall require City approval. The City reserves the right to seek reimbursements for any funds used due to errors or omissions of the Design Consultants. 13.1.5 D/B shall prepare, with the cooperation of the City, alternate bid items to assist in meeting the GMP; 13.2 Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all services and obligations under this Agreement, D/B shall be compensated ("D/B GMP") by a sum to be determined at 90% construction documents. GMP shall include the not to exceed amount of $ 9,866.60 for General Conditions and Design Services. Said $ 9,866.60 for General Conditions and Design Services shall not be exceeded unless additional services are requested pursuant to S 7 above or a change order issued pursuant to S 14. Unless otherwise expressly provided in this Agreement, D/B GMP shall include full compensation for all costs of any type incurred by D/B in performing all services and obligations under this Agreement, including but not limited to the following: 13.2.1 All Design Consultants, including but not limited to architectural, structural, civil, mechanical, electrical, communications, graphics and art consultants, landscape architects, and acoustical, audio visual, lighting, and security consultants. 13.2.2 Estimating, value engineering and construction management; 13.2.3 Construction supervision and project management personnel,' including but not limited to superintendents, Project managers, Project secretaries, Project engineers, Project accountants, and all other D/B personnel wherever located; 13.2.4 All on-site and off-site equipment, supplies and facilities, including but not limited to, computers, estimating, dictating, communication and accounting equipment, office space, trailers, field equipment and storage facilities; Page 29 9-36 13.2.4.1 In no case shall the cumulative monthly rental charges to the Project for equipment and Small Tools used by the O/B exceed 90% of the fair market value of anyone piece of equipment or Small Tools. At City's option, the full price for equipment or Small Tools may be paid, and City may take possession upon completion of the Work. 13.2.5 All home-office and field overhead costs of any type including document control and retention; 13.2.6 All business license costs; 13.2.7 All profit D/B intends to earn under this Agreement. 13.2.8 All direct and incidental costs incurred by O/B, except for those specifically identified in Section 9. 13.3 O/B shall be reimbursed, without markup and only as specified in this Agreement for the following "Reimbursable Costs." 13.3.1 Any reimbursable cost expressly provided for elsewhere in this Agreement. 13.4 O/B agrees and acknowledges the City retains its full and complete discretion for all legislative actions, including any future appropriations necessary to complete this Project or fund this Agreement. As more fully provided in Section 26, the City may terminate this Agreement for any reason, including but not limited to, if City Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term financing. Section 14: Chance in GMP and Contract Time 14.1 The GMP and Contract Time rnay only be changed by written Change Order. Change Orders shall be issued only under the following circumstances: . 14.1.1 The City directs O/B to perform Additional Services or City Changes as provided in Section 9. 14.1.2 For reasons expressly provided elsewhere in this Agreement. 14.2 The following procedure shall be followed for the issuance of Change Orders: 14.2.1 Upon the occurrence of any event that gives rise to a Change Order, OrB shall give the City notice of the same with 5 days. O/B shall not Page 30 9-37 proceed with any such services or work until such notice has been given to the City except if such services or work are necessary to protect public health, safety or property. 14.2.2 Unless otherwise directed by the City Representative in writing, before proceeding with any Change Order work D/B shall promptly provide the City with a detailed and complete estimate of cost impact associated with the Change Order, including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately categorized into D/B Fixed Fee, Reimbursable Costs or Hard Construction Costs. D/B shall also provide City with a realistic estimate of the impact, if any, the Change Order will have on the Contract Time. 14.2.3 Upon submission of the detailed estimates by the D/B, the Parties will attempt to negotiate an appropriate adjustment in GMP and Contract Time. If an agreement is reached, a Change Order reflecting the agreement will be executed by the Parties. If an agreement is not reached, the City shall have the option to direct the D/B to proceed with the subject services andlor work, during which time the D/B shall contemporaneously maintain accurate and complete records of all labor, material and equipment utilized in performing the subject services and/orwork. These records shall be submitted to the City and shall become the basis for continued negotiations between the Parties for an equitable adjustment to the GMP andlor Contract Time. 14.2.4 In the event there is any disagreement or dispute between the Parties as to whether the D/B is entitled to a Change Order or the amount of the Change Order, the matter shall be resolved in accordance with Section 33. D/B shall not have the right to stop or delay in the prosecution of any services or work, including services or work that is the subject of the Change Order, pending this resolution process. Instead, D/B shall continue diligently prosecuting all such services and work. 14.2.5 City may, in its sole discretion, adjust the GMP or Contract Time for any undisputed amount or time associated with the Change Order or Additional Services. Section 15: Pavment Terms 15.1 D/B shall submit certificate and application for payment to the City for Phase I, II, III and IV services as follows: Page 31 9-38 _ 15.1.1 $12,000.00 upon completion of Phase I Services as determined by the City. 15.1.2 $17,000.00 upon completion of all Phase II Services as detenmined by the City. 15.1.3 $ 236,000.00 upon completion of all Phase III Services as detenmined by the City. Retention for Phase I to be released 60 days after receipt of Building Permit. 15.1.4 $0 for Phase III Services for contract administration. Cost to be paid on a per month schedule by dividing cost by construction duration. 15.1.5 In the event City solicits andlor approves Design Documents that materially differ from the Designs called for in the RFP, compensation shall be set pursuant to provision for additional services set forth in Sections 9 and 14. 15.2 DIB shall provide all services for the GMP. DIB shall submit certificate and application for payment to City on or before the 5th day of each calendar month for Phase III and IV services. The monthly payment application shall be based upon the percentage of completion of the Schedule of Values plus any Reimbursable Costs, less any payments previously made by the City and subject to the receipt of unconditional lien releases for all prior payments and if the invoiced amount is not disputed by City, it shall pay DIB ninety percent (90%) of payment application based upon the percentage complete of the Schedule of Values and 100% of the reimbursable costs within thirty (30) days after receipt of the fully documented invoice. City will withhold the remaining 10% as security for DIB's full perfonmance. 15.3 DIB shall develop and maintain an accurate system for tracking all Reimbursable Costs. Utilizing this system, DIB shall include with each month payment application an itemization of all such Reimbursable Costs actually incurred by DIB, during the previous month. If requested by the City, DIB shall provide all backup documentation supporting such Reimbursable Costs. 15.4 DIB shall develop and maintain an accurate system for tracking all Hard Construction Costs it incurs on the Project. Utilizing this system, DIB shall include with each monthly application for payment an itemization of all Hard Construction Costs actually incurred by DIB during the previous month. 15.5 DIB shall separately submit to City certificate and application for payment on a monthly basis for any authorized Additional Services perfonmed by D/B. Subject to the receipt of unconditional lien releases for all prior payments and if Additional Page 32 9-39 Services are not disputed by City, City shall pay ninety percent (90%) of the invoiced amount within thirty (30) days of receipt of fully complete invoice. City will withhold the remaining 10% as security for D/B's full performance. 15.6 Subject to Sections 15.8, City shall pay D/B the ten percent (10%) retention being withheld pursuant to Sections 15.2, and 15.5 as part of the "Final Payment" to D/B. Final Payment will be made thirty-five (35) days after Final Completion. 15.7 The City Manager will consider the release of the entire retention for subcontractors upon completion of the subcontractors' work and execution of a disclaimer and unconditional final lien release by the subcontractor. 15.8 In lieu of withholding retention under this Agreement, at the election of D/B, City will deposit retention amounts into escrow and/or the substitution of securities for money as provided in California Public Contract Code Section 22300. Section 16: Proiect Completion 16.1 Substantial Completion shall be that stage in the progress of the construction when all Work on the Project is sufficiently complete in accordance with the Construction Documents so that City can fully utilize entire Project; Substantial Completion shall further mean that all goods, services and systems to be provided under the terms and conditions of the Construction Documents are in place and have been initially tested, and are operationally functional, subject only to final testing, balancing and adjustments and normal Final Completion punch[ist Work. 16.2 Final Completion shall be deemed to occur on the last of the following events: (1) recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of all documents required to be supplied by D/B to City under this Agreement, including but not limited to As-Built Drawings, warranties, and operating manuals; (5) and delivery to City of a Certificate of Completion duly verified by D/B. 16.3 D/B shall provide City with a Certificate of Completion, certifying to City under penalty of perjury that the Project has been completed in accordance with the Construction Documents, all applicable building codes and regulations, a[1 permits, licenses, and certificates of inspection, use and occupancy, and ordinances relating to the Project. 16.4 D/B shall provide five sets of City final record drawing documents at the end of construction and one copy in electronic fonmat ("As-Built Drawings") and one copy of reproducible drawings. As-Built Drawings are to be accurate and legib[e records showing exact location by dimensions, and the exact depth by elevation of underground lines, valves, plugged tees, wiring and utilities. Page 33 9-40 16.5 D/B shall provide a copy of, or make available before destruction, all records (which includes all writings as defined in Evidence Code Section 250) to the City upon receipt or generation, which shall include' a copy of D/B's filing protocol. Section 17: Contract Time 17.1 The "Contract Time" shall be the number of calendar days stated in Section 1 for D/B to achieve Substantial Completion. 17.2 "Time is of the essence" with regard to Contract Time and all milestones listed in the Project Schedule (Exhibit 2). 17.3 The Contract Time may only be changed by a Change Order as set forth in Section 14. 17.4 Further, an extension in Contract Time will not be granted unless D/B can demonstrate through an analysis of the Project Schedule that the increases in the time to perform or complete the Project, or specified part of the Project, beyond the corresponding Contract Time arise from unforeseeable causes beyond the control and without the fault or negligence of D/B, its Design Consultants, and subcontractors or suppliers, and that such causes in fact lead to performance or completion of the Project, or specified part in question, beyond the corresponding Contract Time, despite D/B's reasonable and diligent actions to guard against those effects. 17.5 D/B carries the burden of proving an entitlement to an increase in the Contract Time. Delays attributable to and within the control of Design Consultants, or subcontractor or supplier shall be deemed to be delays within the control of D/B. No time extension will be allowed for such delays. An increase in Contract Time does not necessarily mean that D/B is due an increase in the GMP. Section 18: Late Completion 18.1 City and D/B recognize that time is of the essence in this Agreement and that City will suffer financial loss if the Project is not completed within the Contract Time, plus any extensions thereof allowed in accordance with Section 17.3. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by City if the Project is not completed on time. Accordingly, instead of requiring any such proof, City and D/B agree that D/B shall pay as liquidated damages (but not as a penalty) for each calendar day of delay beyond the time specified for Substantial Completion of the Project, the following amounts which D/B expressly agrees are "not unreasonable under the circumstances" as defined in California Civil Code 91671 (b): $100 for each calendar Page 34 9-41 day. Liquidated Damages shall not be assessed after the date on which Substantial Completion is achieved pursuant to Section 16. Section 19: Richt to Modifv Work 19.1 . Without invalidating the Agreement and without notice to any surety, City may at any time or from time to time, order additions, deletions, or revisions in the Project: these additions, deletions, or revisions will be authorized by a written Change Order prepared and issued by City. Upon receipt of any such document, DIB shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Construction Documents (except as otherwise specifically provided). 19.2 When City desires a change in the Project, City may issue a Request for Proposal to D/B. DIB will be required to respond within the time indicated by City. Section 20: Intentionally Omitted Section 21: Work Bv Others 21.1 City may perform otherwork related to the Project atthe Project Site by City's own forces, or let other direct contracts ("City Contractor"). The City will give DIB reasonable notice of its' intent to do such other work. DIB's work shall take priority over the City Contractors; but the Parties will use their best efforts to coordinate their work so as to minimize the disruption to each other's work and to allow City Contractor to proceed expeditiously. 21.2 If the proper execution or results of any part of DIB's work depends upon the work by the City or City Contractor, DIB shall promptly inspect and report to City in writing any apparent delays, defects, or deficiencies in the City's work that render it unavailable or unsuitable for such proper execution and results. DIB's failure to promptly report such delays, defects, or deficiencies in writing before commencement of the affected work, will constitute an acceptance of the City's work as fit and timely for integration with DIB's Work except for latent defects and deficiencies in the City's work for which DIB will not be responsible. 21.3 If DIB or any person or entity 'working for DIB causes damage to the City's or City Contractor's work, property, or person, or if any claim arising out of DIB's performance of the Project by any other contractor is made against DIB, by City, any other contractor, or any other person, DIB shall promptly repair andlor resolve said claim at no cost to City. Section 22: Warranties and Guarantees Page 35 9-42 22.1 D/B warrants and guarantees to City that materials and equipment incorporated into the Project will be new unless otherwise specified and that all work will be in strict accordance with the Construction Documents and will not be defective. Prompt notice of defects known to City shall be given to D/B. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as reasonably directed by City, provided D/B shall not be entitled to an extension in Contract Time or increase in GMP because of any delay or increase in cost attributable to the rejection, correction or acceptance of said work. Defective work may be rejected even if approved by prior inspection. 22.2 The warranty period shall commence when the Certificate of Final Completion is issued (irrespective of beneficial use by City prior to Final Completion) and extend one (1) year after that date or whatever longer period may be prescribed by laws or regulations or by the terms of any applicable special guarantee or specific provision of the Construction Documents. 22.3 D/B is to provide any extra material for maintenance at the completion of the Project, including items such as carpeting, base, floor tile, ceiling tile, paint, and filters. 22.3.1 D/B is'to provide City one (1) set of operating and maintenance data manuals, fully bound and indexed, warranties, guarantees, and bonds. 22.4 Correction of Defective Work - If within the designated warranty period, or such longer period as may be required by laws or regulations, the Project or any part of the Project, is discovered to contain defective work, D/B shall promptly, without any reimbursement or adjustment in the GMP, and in accordance with City's written instructions, either correct that defective work, or if it has been rejected by City remove it from the Project and replace it with work which is not defective. If circumstances warrant it, including but not limited to, in an emergency, City or D/B may have the defective work corrected or the defective work removed and replaced. In that event, D/B shall not be allowed to recover any associated costs, and D/B shall reimburse City for all direct,'and indirect costs of City, and City shall be entitled to an appropriate decrease in the GMP, to withhold a setoff against amount recommended for payment, or make a claim on D/B's bond if D/B has been paid in full. 22.5 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and materials furnished under this Agreement, the D/B shall: Page 36 9-43 22.5.1 Obtain all warranties that would be given in normal commercial practice and as required by the City; 22.5.2 Require all warranties to be executed, in writing, for the benefit of City; 22.5.3 Enforce all warranties for the benefit of City, if directed by City; 22.5.4 In the event D/B's warranty under section 22.2 has expired, City may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty; 22.5.5 D/B shall assign all subcontractor, supplier and manufacturer warranties including maintenance contracts from the installer for specialized equipment, such as elevators, escalators, movable partitions, equipment etc., to cover the limited warranty period to City at the expiration of the one year warranty; and Section 23: Use and Possession Prior to Completion 23.1 City shall have the right to take possession of or use any completed or partially completed part of the Work if mutually agreed upon by the parties. Before taking possession of or using any Work, City shall furnish D/B a list of items of Work remaining to be performed or corrected on those portions of the Work that City intends to take possession of or use. However, failure of City to list any item of Work shall not relieve D/B of responsibility for complying with the terms of this Agreement. City's possession or use shall not be deemed an acceptance of any Work under this Agreement, nor relieve the D/B of any of its obligations under this Agreement. 23.2 While City has such possession or use, D/B shall be relieved of the responsibility for the loss of or damage to the Work resulting from City's possession or use. If prior possession or use by City delays the progress of the Work or causes additional expense to D/B, an equitable adjustment shall be made in the GMP or the Contract Time, and the Agreement shall be modified in writing accordingly. Section 24: Personal Services and Non-Assiqnabilitv 24.1 This is a personal services Agreement and, therefore, D/B shall not alter the key employees or Design Consultants nor assign or transfer, voluntarily or involuntarily, any of its rights, duties or obligations under this Agreement except upon the prior written consent of City. Any such change, assignment or transfer without the prior written consent of the City shall be deemed null and void and constitute a material breach under this Agreement. Page 37 9-44 Section 25: Indemnification 25.1 To the fullest extent permitted by the law, D/B shall indemnify, defend, protect and hold harmless City, its elected and appointed officers, agents, employees, consultants, (collectively herein the "Indemnitees"), from and against all claims, demands, causes of action, damages, injuries, liabilities, losses and expenses (including, without limitation, reasonable attorneys' and consultants' fees and expenses) of any kind whatsoever, arising in whole or in part out of or resulting from D/B's performance of this Agreement, D/B's breach of this Agreement, or the alleged negligent acts or omissions of 0/8, its architects, engineers, other professionals and consultants, Contractors, suppliers or anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable. The obligations ofthe D/Bunder this paragraph for errors or omissions, including those of the design professional subcontractors, which includes the Design Subcontractors, consultants, agents and employees thereof ("Design Subcontractors"), which arise from (1) the preparation or approval of maps, drawings, opinions, reports, surveys, designs or specifications, or (2) the giving of or the failure to give directions or instructions shall not be limited to the amount of coverage provided for in the professional liability insurance policy. If City is fully reimbursed by DB's insurance for any loss covered by this paragraph, D/B shall have no further obligation for such loss. 25.2 D/B's obligation to indemnify under section 25.1 shall not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, to the extent that such is the result of the active negligence or the willful misconduct of an Indemnitee. D/B's obligation to defend under section 25.1, if not covered by the insurance to be provided on the Project, shall.not extend to such claims, demands, causes of action, damages, injuries, liabilities, losses and expenses, or causes of actions, to the extent that such are caused by the active negligence or the willful misconduct of the Indemnitee, and from no other cause. 25.3 The D/B agrees, notwithstanding the above to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its elected and appointed officers, employees, agents and consultants from and against any and all claims, suits, demands, liabilities, losses, or costs, including reasonable attorney's fees and defense costs, resulting or accruing to any and all persons, firms, and any other legal entity, caused by, arising out of or in any way connected with the handling, removal, abatement, capping, migration (after handling, removal, abatement or capping) of, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the jobsite, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action. D/B's obligation regarding asbestos or hazardous or toxic substances, products or Page 38 9-45 materials shall be limited to the proper removal within the Project boundaries and the proper disposal of such materials. 25.4 Indemnity under this Section 25 shall survive the termination of this Agreement Section 26: Riqht to Terminate and Suspend Work 26.1 Archaeoloqical and Paleontoloqical Discoveries. If a discovery is made of an archaeological or paleontological interest, D/B shall immediately cease operations in the area of the discovery and shall not continue until ordered by City. When resumed, operations within the area of the discovery shall be as directed by City. 26.1.1 Discoveries which may be encountered may include, but are not be , limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, fossils or any item with cultural significance. 26.1.2 D/B shall be entitled to an extension of time and compensation in accordance with the provisions of this Agreement. 26.2 Termination of Aqreement bv City for Cause. If, through any cause, D/B shall fail to fulfill in a timely and proper manner D/B's obligations under this Agreement, or if D/B 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 D/B of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. All finished or unfinished documents, data, studies, drawings, maps, plans, specifications, reports and other materials prepared by D/B, or any of its agents, Design Consultants or Subcontractors, shall, at the option of the City, become the property of the City, and D/B 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 amounts payable hereunder, and less any damages caused by D/B's breach. 26.2.1 In the event the Agreement is terminated in accordance with this Section, City may take possession of the Project and may complete the Project by whatever method or means City may select. 26.2.2 If the cost to complete the Project exceeds the balance, which would have been due, D/B shall pay the excess amount to City. Page 39 9-46 26.2.3 Riqhts of City Preserved. Where DIB's services have been so terminated by City, the termination will not affect any rights or remedies of City against DIB then existing or which may thereafter accrue. Any retention or payment of moneys due DIB by City will not release DIB from liability. It is agreed that termination hereafter will not in any way release, waiver, or abridge any rights the City has against DIB's performance bond surety. 26.2.4 Any dispute as to the amount due or owed to DIB upon termination under this section shall be resolved in accordance with Section 33. 26.3 Termination for Convenience bv City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to DIB of such termination and specifying the effective date thereof, at least seven (7) 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, DIB shall be entitled to receive just and equitable compensation, in the amount not to exceed that payable under this agreement for any satisfactory Work completed, including reasonable demobilization costs, to the effective date of such termination. DIB hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 26.3.1 Records and Documents Relatinq to Termination. Unless otherwise provided in the Agreement or by statute, DIB shall maintain all records and documents relating to the terminated portion of this Agreement for three (3) years after final settlement. This includes all books and other evidence bearing on DIB's costs and expenses under this Agreement. DIB shall make these records and documents available to City, at DIB's office, at all reasonable times, without any direct charge. If approved by the City Manager, photographs, electronic files, microphotographs, or other authentic reproductions may be maintained instead of original records and documents. 26.4 Upon receipt of the Notice ofTermination, DIB shall take any action that may be necessary, or that the City Manager may direct, for the protection and preservation of the property related to this Agreement that is in the possession of DIB and in which City has or may acquire an interest. 26.5 Payment to DIB Due to Termination - DIB and the City Manager may agree upon the whole or any part of the amount to be paid because of the termination. Page 40 9-47 The amount may include a fee proportional to the percentage of work satisfactorily completed. However, the agreed amount, exclusive of costs shown in section 26.9 below, may not exceed the total dollar amount authorized by City as reduced by the amount of payments previously made. If termination occurs during Phase I, II, or III, D/B shall only be entitled to the Fees for Phases I, II, or III, or a portion thereof, and no amount for Phase IV D/B Fixed Fee, except for Phase IV 0/8 fixed fee proportional to the percentage of work satisfactorily completed and authorized pursuant to Section 6. 26.6 Failure to Aqree on Pavment - If D/B and City fail to agree on the whole amount to be paid because of the termination of Project, City shall pay D/B the fair and reasonable amounts determined in good faith by City as follows, but without duplication of any amounts agreed to above: 26.6.1 The price for co'mpleted services accepted, including any retention, by City not previously paid; 26.6.2 The costs incurred in the performance of the Project terminated, including initial costs and preparatory expense allocable thereto. These costs are only for Work completed and accepted by the City based on an audit of all Contractors' bills of materials and the timecards for Work actually performed; 26.6.3 A portion of the D/B Fixed Fee (overhead and profit) based on the percentage of Work completed on the Project; however, if D/B would have sustained a loss on the entire Agreement had it been completed, City shall allow no profit under this section and shall reduce the settlement to reflect the indicated rate of loss; 26.6.4 D/B and Design Subcontractor services through the date of termination shall be paid based on actual time spent as documented on timecards. Expenses shall be paid based on invoice and receipts provided by 0/8; 26.6.5 Under no circumstances will D/B be entitled to any consideration for lost profit or lost opportunity costs. 26.7 If D/B does not agree that the amount determined by the City Manager is fair and reasonable and if D/B gives notice of such disagreement to City within thirty (30) days of receipt of payment, then the amount due shall be as later determined pursuant to the Dispute Resolution procedures in Section 33. 26.8 Payment for Property Destroved. Lost. Stolen or Damaqed - Except to the extent that City expressly assumed the risk of loss, the City Manager shall exclude Page 41 9-48 from the amounts payable to D/B under this Section, the fair value, as determined by the City Manager, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to City. 26.9 Deductions -In arriving at the amount due D/B under this section, there shall be deducted: 26.9.1 Any claim which City has against D/B under this Agreement; and 26.9.2 The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by D/B or sold under the provisions of this clause and not recovered by or credited to City. 26.10 Termination of Aqreement bv D/B 26.10.1 D/B may terminate the Agreement upon ten (10) days written notice to City, whenever: 26.10.1.1 The Project has been suspended under the provisions of Section 26.1 or 26.2, for more than ninety (90) consecutive days through no fault or negligence of D/B, and notice to resume Work or to terminate the Agreement has not been received from City within this time period; or, 26.10.1.1 City should fail to pay D/B any monies due it in accordance with the terms of this Agreement and within ninety (90) days after presentation to City by D/B of a request therefore, unless within said 1 O-day period City shall have remedied the condition upon which the payment delay was based. 26.10.2 In the event of such termination, D/B shall have no claims against City except for those claims specifically enumerated in Section 26.9, herein, and as determined in accordance with the requirements of said Section. Section 27: Independent Contractor 27.1 D/B and any Design Consultant, Contractor, Subcontractor, agent or employee of D/B, shall act as an independent contractor and not as an agent, officer or employee of City. Except as expressly provided in this Agreement, City assumes no liability for D/B's actions and performance; in particular, but without limitation, City assumes no responsibility for paying any taxes, bonds, payments or other Page 42 9-49 commitments, implied or explicit, by or for D/B. D/B acknowledges that it is aware that because it is an independent contractor, City is making no deductions from the fees for services being paid to D/B and that City is not contributing to any fund on the behalf of D/B. D/B disclaims the right to any type of additional fee or benefits. Section 28: Independent Judqment 28.1 Unless otherwise directed in writing by City, D/B shall, in providing the professional services required by this Agreement, arrive at conclusions with respect to the rendition of information, advice and recommendations, independent of the control and direction of City, other than normal contract monitoring; D/B, however, shall possess no authority with respect to any City decision beyond rendition of such information, advice and recommendations. D/B shall not have the authority to act as an agent on behalf of City unless specifically authorized to do so by City in writing. Section 29: Maintenance of Records and Accountinq 29.1 D/B shall maintain, during the Project and for a period of three (3) years after completion of the Project, accurate and organized records of all costs of any type and all services performed under this Agreement. City will have the right at any time, including during the performance of all Phases of the Project to audit and copy all such records. Section 30: Ownership of Documents 30.1 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. Section 31: Force Maieure 31.1 Any party to this Agreement may be excused for any delay or failure to perform its duties and obligations under this Agreement, except for obligations to pay money, but only to the extent that such failure or delay is caused by an Event of Force Majeure as set forth in section 31.2. If an Event of Force Majeure set forth in section 31.2 causes a delay or failure in performance of only a portion of the obligations of a Party under this Agreement, then only that portion of performance Page 43 9-50 which was delayed or prevented by such cause shall be deemed excused, and the performance of all other obligations of a Party not so delayed shall not be excused by an Event of Force Majeure. Delay or failure in performance of all other obligations of a Party not so delayed shall not be excused by such Event of Force Majeure. Delay or failure in performance by a Party which is the result of an Event of Force Majeure set forth in section 31.2 shall be deemed excused for a period no longer than the delay or failure in performance caused by such Event. 31.2 An Event of Force Majeure means an occurrence beyond the control and without the fault or negligence of a Party, including but not limited to unusually severe weather, flood, earthquake, fire, lightning, and other natural catastrophes, acts of God or the public enemy, war, terrorist act, riot, insurrection, civil disturbance or disobedience, strike or labor dispute for which D/B is not responsible, expropriation or confiscation of facilities, changes of applicable law, or sabotage of facilities, so long as such Party makes good faith and reasonable efforts to remedy the delays orfailures in performance caused thereby. However, D/B, in developing the GMP and Project Schedule, has incorporated three (3) days for anticipated adverse weather days that may disrupt work on the Project; D/B shall be entitled to relief under this Section for adverse weather only to the extent adverse weather days exceed this amount of days. 31.3 A Party shall give written notice to the other Party as soon after becoming aware of the delay or failure in performance caused by an Event of Force Majeure as is reasonably possible, but in any event within five (5) working days after Party becomes aware of such delay or failure. 31.4 No Event of Force Majeure shall be a basis for monetary adjustment to the GMP. Costs incurred by the D/B as a result of a Force Majeure Event will be r,eimbursed according to the terms of this Agreement from the Contingency Fund. Section 32: Hazardous Materials 32.1 In the event the D/B or any other party encounters asbestos or hazardous or toxic materials at the Project Site, or should it become known in any way that such materials may be present at the Project Site or any adjacent areas that may affect the performance of the D/B's services, the D/B may, at his or her option and without liability for consequential or any other damages, suspend performance of services on the Project until the City retains appropriate specialist consultant(s) or contractor(s) to identify, abate andlor remove the hazardous or toxic materials, and warrant that the Project Site is in full compliance with applicable laws and regulations. Section 33: Disputes Page 44 9-51 33.1 All claims, counterclaims, disputes, and other matters in question arising under, or relating to, the Agreement or the breach thereof shall be processed in accordance with the provisions of this Section, unless specifically addressed by another provision of this Agreement. 33.2 D/B shall submit its written request for a Change Order to City pursuant to Section 14. City shall make a determination on D/B's request in writing within 7 days of receipt of request and all supporting data. Said Change Order shall be made in good faith and accurately reflect the adjustment in GMP or Contract Time for which D/B believes City is liable, and covers all costs and delays to which D/B believes it is entitled as a result of the occurrence of the claimed event. All requests for adjustment in Contract Time shall include an analysis of the Master Construction Schedule and the impact of the claimed work on specific activities on the Master Construction Schedule. 33.3 If D/B disagrees with City's determination, not suit shall be filed against the City unless a claim has been presented in writing and filed with the City in accordance with the procedures and subject to the requirements, including time for presentation of claims 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 the same. 33.4 Pending final resolution of any claim, including litigation, D/B shall proceed diligently with performance of the Project, and comply with any direction of City. Section 34: Notices 34.1 All notices, demands or other communications hereunder shall be given or made in writing and shall be delivered personally or sent by courier or registered or certified mail, return receipt requested, postage prepaid, addressed to the Party to whom they are directed at the following addresses, or at such other addresses as may be designated by notice from such Party: (i) To CITY: City Attorney 276 Fourth Avenue Chula Vista, CA 91910 Tel: (619) 691-5037 Fax: (619) 409-5823 Department of Public Works and Engineering 276 Fourth Avenue Page 45 9-52 Chula Vista, CA 91910 Tel: (619) 476-5368 Fax: 619) 691-5171 (ii) To D/B: MJC Construction, Co. 3015 Sylvia Street Bonita, CA 91902 Tel: 619-472-5619 Fax: 619-996-2116 Any notice, demand or other communication given or made solely by mail in the manner prescribed in this Section shall be deemed to have been given and to be effective three (3) days after the date of such mailing; provided, however, that any notice, demand or other communication which would otherwise be deemed to have been given on a day which is not a working day shall be deemed to have been given on the next subsequent working day. Section 35: Miscellaneous Terms 35.1 Representations: Each Party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Agreement is being made without reliance upon any statement or representation of any other Party not contained herein, or any representative, agent or attorney of any other Party. 35.2 Severabilitv: If any term or condition of this Agreement is held to any extent to be invalid or unenforceable, all the remaining terms and conditions shall be enforceable to the fullest extent permitted by law. 35.3 Entire Aoreement: This Agreement contains the entire agreement, between the Parties and supersedes all prior negotiations, discussions, obligations and rights of the Parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral"understanding between the Parties. No modification, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the Parties hereto. 35.4 Draftino Ambiouities: The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the Page 46 9-53 advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the Parties hereto. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement. 35.5 Applicable Law: The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. Venue for mediation, arbitration and/or actions arising out of this Agreement shall be in the City of Chula Vista, California. 35.6 Waiver: Unless otherwise expressly provided herein, no delay or omission by the Parties hereto in exercising any right or remedy provided for herein shall constitute a waiver of such right or remedy, nor shall it be construed as a bar to or a waiver of any such right or remedy on any future occasion. 35.7 Effect of Headinqs: Headings appearing in this Agreement are inserted for convenience of reference only, and shall in no way be construed to be interpretations of the provisions hereof. 35.8 Amendments: This Agreement may be modified, amended or supplemented only by the mutual written agreement of the Parties hereto. 35.9 Authorization and Compliance: Each Party represents that it IS duly authorized to execute and carry out the provisions of this Agreement. 35.10 Further Assurances: The Parties agree to do such further acts an,d things and execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the agreements contained herein in the manner contemplated hereby. 35.11 Counterparts: This Agreement may be executed by the Parties in one or more counterparts, all of which takeri together shall constitute one and the same instrument. The facsimile signatures of the Parties shall be deemed to constitute original signatures, and facsimile copies hereof shall be deemed to constitute duplicate original counterparts. 35.12 Recitals Exhibits and Glossarv of Terms: All Recitals, Exhibits, and Glossary of Terms are incorporated herein by reference into this Agreement. 35.13 Third Partv Beneficiarv: Nothing within this Agreement shall create a contractual relationship between the City and any third party. [NEXT PAGE IS SIGNATURE PAGE] Page 47 9-54 SIGNATURE PAGE TO DESIGN/BUILD AGREEMENT CITY OF CHULA VISTA MJC Construction, Co. By: By: " Cheryl Cox, Mayor Javier Jimenez, President ATTEST: Donna Norris, City Clerk Approved as to form by: Bart Miesfeld, City Attorney Page 48 9-55 I" ill "1 'II ! ili IJ! :11 !: CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT ,t Iii ii, ", III I' ,il III' II II, III " I' :I State of California County of S<"rr' 1> 1E-4 a On '-'\\\.;o[D'1 before me, \:"V.'" '-/~/'-' \ , N"s-;-A-f'.-,[' (Here insert mime and title afthe officer) personally appeared \kJl~ "3'"LM..E;>-J E L- who 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 hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seaL Sig~~~'- ------.~ (Notary Seal) @"TOMYAOTANI ,..-.... Commi"lon # 17339110 . :; : Of?, NotC"ll'ubllC . California ~ i RlvDl1lde County l__.~~~~ . !) ADDITIONAL OPTIONAL INFORlVIATION INSTRUCTIONS FOR COlVlPLETING THIS FORlY! (Title Of description of attached document continued) Any aclmowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. I' II 11 I I I II I I I DESCRIPTION OF THE ATTACHED DOCUMENT D \?S I G, r-J I f:yJ I L-j) Prt.n f1-.SBv\. OV (Title or description of attached document) (Additional information) State and County information must be the State and County where the document signer(s} personally appeared before the notary public for acknowledgment. Date ofrrotarization must be the date that the signer(s} personally appeared which must also be the same date the acknowledgment is completed. The notary public must print his or her name as it appears within his or her cormnission followed by a comma and then your title (notary public). Print the name(s) of document signer(s) who personally appear at the time of notarization. Indicate the correct singular or plural fOnTIS by crossing off incorrect fonns {i.e. he/she/tfteT,- is /ttfB } or circling the correct forms. Failure to correctly indicate this infonnation may lead to rejection of document recording. . The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal irnpr::ssion smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. Signature of the notary public must match the signature on file with the office of the county clerk. .:. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. .:. Indicate title or type of attached document, number of pages and date. .:. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, ~FO, Secretary). Securely attach this document to the signed document ' 9-56 Number of Pages _ Document Date II I I .l CAPACITY CLAIMED BY THE SIGNER o Individual (s) o Corporate Officer (Title) o Partner(s) o Attorney-in-Fact o Trustee(s) o Other GLOSSARY OF TERlYIS 49 Page 9-57 EXHIBIT LIST Exhibit I RFP Document 9-58 CITY COUNCIL & REDEVELOPMENT AGENCY AGENDA STATEMENT ~I ~!f? CIlYOF ~~ (HULA VISTA JUNE 23, 2009 Item~ ITEM TITLE: RESOLUTION OF THE REDEVELOPi.VlENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING AN APPROPRIATION FOR REPAYMENT FROM THE MERGED PROJECT FUND TO THE GENERAL FUND FOR 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) DffiECTOROFF~~CVTREASU~ CITY MANAGER ASSISTANT CITY NAGER "') -;-- SUBlVllTTED BY: REVIEWED BY: 4/5THS VOTE: YES 0 NO D SUMMARY The RDA is requesting an appropriation in order to repay the General Fund for advances the RDA has received in the past. 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 been unable to repay the General Fund in the past due to fund balance deficits. 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. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that approving the loan repayment is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. RECOMlVIENDA nON The Agency approves the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable 10-1 JUNE 23, 3009, Item~ Page 2 of2 DISCUSSION 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 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 S 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 property holdings of the City Council and has found a conflict exists, in that Agency Members McCann and Ramirez have property holdings within 500 feet of the boundaries of the property, which is the subject of this action. As a result, we have requested an opinion from the Fair Political Practices Commission (FPPC) regarding this conflict. 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 signiticant 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. ONGOING FISCAL IMPACT There are no ongoing impacts as a result of this action. ATTACHMENTS None Prepared by: Phillip Davis. Assistant Director, Finance 10-2 RESOLUTION NO. 2009- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING At'\! APPROPRIATION FOR REPAYMENT FROM THE MERGED PROJECT FUND TO THE GENERAL FUND OF ADVANCES IN AN AMOUNT ESTIMA TED 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 due to increased tax increment revenues and budgetary savings resulting from position vacancies or cuts in the fiscal year 2008/2009; 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, City staff anticipates that the RDA will be able to repay between $900,000 and $ I. I million to the General Fund at the end of this fiscal year. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista does hereby authorize the appropriation from the Redevelopment Agency Merged Project Fund to the General Fund of an amount estimated at $900,000 but 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 Maria Kachadoorian Chief Financial Officer of the Redevelopment Agency q)l~ ~ 10-3 CITY COUNCIL AGENDA STATEMENT Item No.: II Meeting Date: 06/23/09 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XIV (PLANNING) OF THE CITY'S MASTER FEE SCHEDULE TO ESTABLISH A LIMITED REVIEW FEE FOR DISCRETIONARY PERt"I1T EXTENSIONS SUBMITTED BY: DEP. UTY C.g)'. iVlAl'lAGERlDEVELOPMENT DIRECTOR6'Pr CITY iVlAl'lAGER ~ SERVICES REVIEWED BY: 4/5THS VOTE: YES NO X BACKGROUND On January 23, 2007, the City Council approved a comprehensive update to the Planning and Building Department fee schedule. Included within the fee schedule is a $1,127 fee to extend currently valid discretionary permits (eg. design review and conditional use permits). These permits are required to be utilized within one year of issuance to remain valid. As part of the on-going development review process streamlining effort, as well as an overall effort to assist in economic recovery, staff is proposing to establish a Iirnited review permit extension fee of$150 for currently valid discretionary permits. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION That the City Council adopt the attached resolution approving the proposed modification to the Master City Fee Schedule. BOARDS/COMIVIISSION RECOMMENDATION N/A. 11-1 Date, Item No.: II Meeting Date06/23/09 Page 2 of 3 ANALYSIS Due to the severe downturn in the economy, the level of development activity within the City has dropped off substantially. There are, however, several dozen currently valid discretionary permits (design review, variance, and conditional use) that have been issued within the last year. In many instances the projects approved under these permits have not gone forward for building permit issuance and construction. Pursuant to the requirements of the zoning code, these types of permits are valid for a period of one year and may be extended upon a request submitted to the City. Permit extensions may be granted for a period of one year or longer for valid permits, subject to the approval of the City. For permits that have been issued by the Zoning Administrator (ZA) and Design Review Board, the ZA may grant the extension of time. The Zoning Code requires that the Planning Commission (PC) be the approving authority for variances and CUPs approved at the PC level. During normal economic times there would be a reasonable likelihood that the physical environment surrounding a particular project site may have changed since project approval, due to the approval of other projects in a particular area. In granting permit extensions during periods of typical development activity, staff would research other permit approvals, review project plans and conditions, and perform a brief project analysis prior to granting the permit extension. The fee study performed in 2007, identified approximately ten hours of staff work required to process a discretionary permit extension, resulting in the current $1,127 extension fee. Since the recession began in December of 2007, development activity within the City of Chula Vista and beyond has been at an unprecedented low level. In most situations, the physical .circumstances surrounding a project site have not Changed due to the absence of development activity. Thus, the level of staff review required to determine that an approved project would still be consistent with regulatory context in which it was originally approved, would not be as intensive in most circumstances. Staff estimates that permit extension requests for most currently valid discretionary permits would require approxiroately one hour of staff time ($150) to review and process. The higher fee of$I,127 will be retained on the fee schedule for cases when a more time intensive review would be required. In order to assist with economic recovery efforts, staff will take a proactive approach in helping applicants to extend their permits. Staff will provide written notification to applicants thirty days pnor to permit expiration that an extension request needs to be made to the City. Staff will approve permit extensions in most cases for two years with the option for an additional year at no cost. It is hoped that through this effort, quality projects will be ready to be constructed with a minimum of regulatory hurdles once the economic recovery begins to take place. J : \P Ian n in g \$ teveXP\co unci 1 agen da.statemen t. fee. ex tens i on . dot 11-2 Date, Item No.: I ( Meeting Date06/23/09 Page 3 of 3 DECISION-MAKER CONFLICTS 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)(l) is not applicable to this decision. CURRENT YEAR FISCAL IMPACT The proposed new fee will go into effect sixty (60) days after adoption of the resolution. The new fee will not be collected in the current fiscal year. ONGOING FISCAL IMPACT For every 100 permit extensions processed, the Development Services Fund will recover $15,000 in staff costs. This fee will apply to extensions for both presently valid and future discretionary permits. ATTACHMENTS 1. Revised Fee Schedule prepared by: Steve Power, Alep Principal Planner. Development Services Dept. J :\Planning\SteveXP1councilagenda.statement.fee.extension .dot 11-3 CRUTER XIV Planninl! A. At'lfNEXATION 1. Annexation Deposit The fee for petitioning the annexation of territory to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. [Resolution 2004-378, effective 11/23/2004J B. APPEALS AND HEARINGS 1. Appeals and Requested Actions requiring public hearing a. For all appeals from actions of the Planning Commission, Design Review Comrnittee or a request for reconsideration of an action by City Council pursuant to Chapter 19,12 or 19,14 of the Chula Vista Municipal Code, the fee to the applicant shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. Bl, [Resolution 2004-378, effective 11/23/2004 C. CONDITIONAL USE VARIANCES 1. Conditional Use PermitsNariances/ModificationsfExtensions (minor use) a. Conditional Use Permits - Administrative... ......... ...$3,623.00 b. Variance - Administrative ............ .................... ...$3,418.00 c. Modifications - Administrative................."........ ..$2,825.00 d. Extensions - Admin or Public Hearing .... ............. ....$1,127.00 [Resolution 2007-025, effective 01/23/2007J e. Extensions Limited Review Admin or Public Hearing $150.00 2. Conditional Use PermitlVariancelNIodification - Public Hearing (major use) The fee to the City shall be determined by the actual stafftime needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. [Resolution 2004-378, effective 11123/2004 Master Fee Schedule Part II - Development Chapter XIV - Planning Page 1 11-4 D. DESIGN REVIEW 1. Administrative Design Review... .................... .......... ........$3,932.00 [Resolution 2007-025. effective 01/23/2007} 2. Other Residential! COmrhercial Design Review! Public Hearing The fee to the City shall be determined by the actual stafftime needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. [Resolution 2004-378. effective 11/23/2004 3. Design Review Extension .............................. ...... ....... ...$1,127.00 [Resolution 2007-025. effective 01/23/2007 4. Design Review Extension Limited Review................. ....... $150.00 E. ENVIRONMENTAL REVIEW 1. Environmental Impact Report (ErR) application and candidate California Environmental Quality Act (CEQA) findings The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. [Resolution 2004-378. effective 11/23/2004} 2. Preliminary Environmental Reviewllnitial Study................. ..$4,640.00 [Resolution 2007-025. effective OI/23/2007} 3. Habitat Los and Incidental Take Permit (HUT) The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. [Note: this permit will only be in effect upon U.S. Department of Fish & Game approval of City's Multiple Species Conservation Plan (MSCP)] [Resolution 2004-378. effective 11/23/2004} 4. Review of Consultant Qualifications for Placement on City's List of Environmental Consultants Fee: ............... ................. ...................................... ...$541.00 [Resolution 2007-025, effective 01/23/2007} Master Fee Schedule Part II - Development Chapter XlV - Planning Page 2 11-5 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER XIV (pLANNING) OF THE CITY'S MASTER FEE SCHEDULE TO ESTABLISH A LIMITED REVIEW FEE FOR DISCRETIONARY PERJ\1IT EXTENSIONS WHEREAS, in January of2007, the City Council adopted a comprehensive update of the City's Master Fee Schedule; and WHEREAS, the City's Master Fee Schedule includes a fee of $1,127 for extensions of approved discretionary permits; and WHEREAS, the City's current fee of $1,127 for discretionary permit extensions is based upon approximately ten hours of staff work; and WHEREAS, the current recession and corresponding downturn in development activity has created circumstances where many permit extension requests can be processed by staff in an expedited manner; and WHEREAS, the amendment to Chapter XIV (planning) of the City's Master Fee Schedule will create a limited review permit extension fee that reflects the reduction in staff time required to process qualifying permit extension requests; and, WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the. Califomla 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, so no environmental review was necessary; NOW THEREFORE, be it resolved that the City Council of the City of Chula Vista does hereby adopt Attachment A, amending Chapter XIV (planning) of the City's Master Fee Schedule, on file with the City Clerk. BE IT FURTHER RESOLVED, that pursuant to California Government Code section 66017(a), the amendment to Chapter XIV (planning) of the City's Master Fee Schedule shall become effective sixty days after the adoption of this resolution. 11-6 Presented by: Gary Halbert AICP Deputy City Manager/Development Services Director 11-7 B City Attorney CHAPTER XIV Planning A. Al"NEXATION 1. Annexation Deposit The fee for petitioning the annexation of territory to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. [Resolution 2004-378, effective I 1/23/2004} B. APPEALS AND HEARINGS 1. Appeals and Requested Actions requiring public hearing a. For all appeals from actions of the Planning Commission, Design Review Committee or a request for reconsideration of an action by City Council pursuant to Chapter 19.12 or 19.14 of the Chula Vista Municipal Code, the fee to the applicant shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. HI, [Resolution 2004-378, effective 11/23/2004 C. COl'.'DITIONAL USE V ARIAl"CES 1. Conditional Use PermitsNarianceslModificationslExtensions (minor use) a. Conditional Use Permits - Administrative.............. .$3,623.00 b. Variance - Administrative............................... ....$3,418.00 c. Modifications - Administrative............ .... ........... ..$2,825.00 d. Extensions - Admin or Public Hearing ................. ....$1,127.00 [Resolution 2007-025. effective OI/23/2007} e. Extensions -Limited Review Admin or Public Hearing S150.00 2. Conditional Use Permit/VariancelModification - Public Hearing (major use) The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. [Resolution 2004-378, effective 11/23/2004 Master Fee Schedule Pan II - Development Chapter XIV - Planning Page 1 11-8 D. DESIGN REVIEW 1. Administrative Design Review.. ................... ......... .... .......$3,932.00 [Resolution 2007-025. effective 01/23/2007] 2. Other Residential/Commercial Design Review / Public Hearing The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. [Resolution 2004-378, effective 11/23/2004 3. Design Review Extension.... ................................ ..... .....$1,127.00 [Resolution 2007-025, effective 01/23/2007 4. Design Review Extension Limited Review........................ $150.00 E. ENVIRONMENTAL REVIEW 1. Environmental Impact Report (EIR) application and candidate Califomia Environmental Quality Act (CEQA) findings The fee to the City shall be determined by the actual staff time needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. [Resolution 2004-378. effective 11/23/2004] 2. Preliminary Environmental Review/Initial Study.................. .$4,640.00 [Resolution 2007-025. effective 01/23/2007] 3. Habitat Los and Incidental Take Permit (HUT) The fee to the City shall be determined by the actual stafftime needed to process the application, calculated at the City's full-cost recovery rate and initiated with a deposit. [Note: this permit will only be in effect upon U.S. Department of Fish & Game approval of City's Multiple Species Conservation Plan (MSCP)] [Resolution 2004-378, effective J 1/23/2004J 4. Review of Consultant Qualifications for Placement on City's List of Environmental Consultants Fee: ..................................................................... ....$541.00 [Resolution 2007-025. effective 01/23/2007] Master Fee Schedule Part II - Development Chapter XIV - Planning Page 2 11-9 THERE IS NO BACKUP MATERIAL FOR ITEM #12 THERE IS NO BACKUP MATERIAL FOR ITEM #12 T~\:~ ~v?-- --e- o ___ .....-::-~---::;: ""'=0-"""'- - morA ~STA Human Resources Department Date: June 23, 2008 To: From: Honorable Mayor and City Council Jim Sandoval, City Manage~ Scott Tulloch, Assistant City ~~ger c::;-I Kelley K. Bacon, Director of Human Resources ~ Via: Via: Subject: Two Years Additional Service Credit: July 15-0ctober 12, 2009 SUMMARY In an effort to significantly reduce the Fiscal Year 2009/2010 General Fund budget by reducing the number of benefited employees throughout the organization, staff is proposing that Council grant another Two Years Additional Service Credit for eligible employees, and provide for a limited medical incentive program for those that retire during the prescribed window period. The proposal is to offer this benefit to all Local Miscellaneous and Satety employees, in all departments of the City. To achieve that goal, it is recommended that the City offer another Two Years Additional Service Credit pursuant to Government section 20903 for local miscellaneous and safety members, who retire during the designated period of July 15 - October 12, 2009. The City is also proposing a medical incentive program, through which the City will cover the medical health insurance premium for the employee only, for two calendar years for those employees retiring with two-year additional service credit. Employees that can no longer take advantage of the two-year additional service credit because they have reached the maximum retirement benefit will receive medical incentive for four (4) years. There will be no cash equivalent paid for the medical incentive. The City will make a payment for those under the age of 65 as a deduction to Aetna in 2009 for $380 or $411 per month, and Kaiser for $359 per month. Future payment will be based on the contract amount for each carrierfor employee only coverage. All incentive measures will end no later than 12/31/13. The City will cease making medical incentive payments if the early retiree gets health insurance from another source, such as future employment or coverage under a spouse's plan. Early retirees are required to notify the City once they are covered under another plan. This information is being presented at a public council meeting on June 23, 2009. A Resolution will be presented to Council for consideration and approval at the July 14, 2009 City Council meeting. Page 1 of 4 Human Resources Department June 23, 2009 RECOIVlIViENDA TION It is recommended that Council direct staff to bring forward the Resolution to grant another designated period of Two Years Additional Service Credit pursuant to Government Code Section 20903 to all local miscellaneous and safety members and that Council support a medical incentive program to further encourage eligible employees to retire within the 90 day window by October 12, 2009. DISCUSSION Numerous efforts are being implemented to reduce expenditures in fiscal year 2009/2010. It is recommended that the City offer another Two Years Additional Service Credit pursuant to Government Code Section 20903 for local miscellaneous members and safety members, who retire during the designated period of July 15, 2009 through October 12, 2009. The City is also proposing a medical incentive program, to further encourage eligible employees to retire by October 12, 2009, to help close the budget gap and prevent potential layoffs. Government Code Section 20903 provides Two Years Additional CalPERS Service Credit to members who retire during a designated period. The City must certify that if any early retirements are granted after receipt of service credits pursuant to Section 20903, it is the City's intention that any vacancies created or at least one vacancy in any position in any department or other organizational unit remain permanently unfilled, thereby resulting in.~n overall reduction in the workforce of the department or organizational unit. Window Period An eligible employee may apply for the benefit during the designated window period, which cannot be less than ninety days, nor more than 180 days. Staff. is proposing a ninety-day window period from July 15, 2009, through October 12, 2009. Eliqibilitv To be eligible, the following criteria must be met: . member must have at least five years of CalPERS service credit; . member must be employed for at least one day during the designated period; . member must retire during the designated period; . member cannot receive credit under this section if member is receiving any unemployment insurance payments; . if a retired member subsequently reenters membership, additional service cred it is forfeited. Page 2 of 4 Human Resources Department June 23, 2009 Medical Incentive To further encourage as many eligible employees as possible to retire within the gO-day designated period, so the City may realize the greatest potential salary savings, in addition to the Two Years Additional Service Credit, staff is proposing a medical incentive program, under the City's Retiree Health Plan. Under this program, the City will pay the cost of the medical insurance premium for Employee Only. Upon retirement, employees are required to enroll in Medicare Part A and Part B once they become eligible. Any medical insurance premiums for any eligible dependents will be the employee's responsibility. Non-benefited, unclassified hourly employees are not eligible for the medical incentive program. FISCAL IMPACT Government Code Section 7507 requires that the estimated present value of the additional employer contributions for the proposed contract amendments be made public at a public meeting at least two weeks prior to the adoption of the Resolution. The estimate amount is based on the members' annual reportable compensation, cost factors established by CalPERS actuaries and the fact that the City contracts for a Post- Retirement Survivor allowance. If all 257 eligible employees opt to take the Two Year Additional Service Credit and retire during the designated period, the estimated cost will he: Miscellaneous and Public Safety (Police) Plan Additional Employer Contribution: $11,597,321.88 (over twenty years) Annual Cost: $875,930.66 Rate Increase in Employer Contribution: 1.38% Public Safety (Fire) Plan Additional Employer Contribution: $1 ,469,910. 53 (over twenty years) Annual Cost: $111,020.43 Rate Increase in Employer Contribution: 1.29% Additionally, if all 257 eligible employees retire under this program, the annual base salary savings would be approximately $18.669 million annually. However, during the previous Two Year Service Credit offering, only 20 percent of the eligible employees retired. Assuming only 10 percent acceptance rate, both the employer costs and salary savings would be reduced proportionately. Again, assuming 10 percent of eligible employees retire, the annual net savings to the City's General Fund is estimated at $1.8669 million. A final list of employees who applied for retirement pursuant to the offer will be presented to CalPERS after the expiration of the application window. CalPERS will Page 3 of 4 , ..... Human Resources Department June 23, 2009 include the cost of the Two Years Additional Service Credit in the City's employer contribution rate commencing with the fiscal year starting two years after the end of the designated period. The increase in employer contribution will be amortized over twenty years. The estimated cost of the medical incentive program for Public Safety Fire is $9,046.80 and $103,699.20 for Miscellaneous and Public Safety Police over two and four years, if 10 percent of eligible retirees took the coverage for the full two years. However, the City is saving approximately $258,051.20 in cafeteria plan flexible benefits for this same group. This results in an additional net savings to the City's General Fund of $297,486.40 over four years. We will be able to accurately identify the final costs once all eligible employees separate from the City and retire. In addition to the budgetary impacts, there will be an impact to the City's unfunded liability for other post-employment benefits (OPEB). The Finance Department will determine the OPEB unfunded liability in order to comply with the Governmental Accounting Standards Board Pronouncement 45. CONTRACT AMENDMENT PROCESS A contract amendment between the City of Chula Vista and CalPERS to grant another designated period is not required. The following attachments will be included with the Resolution on July 14, 2009. For signature: 1. Resolution to Grant Another Designated Period for Two Years Additional Service Credit 2. Certification of Governing Body's Action (PERS-CON-12) 3. Certification of Compliance with Government Code Section 7507 (PERS CON- 12A) 4. Certification of Compliance with Government Code Section 20903 Signature not required: Estimated Present Value of Additional Employer Contribution. Page 4 of 4 CITY COUNCIL & REDEVELOPMENT AGENCY AGENDA STATEMENT ~(f?- CITY OF ~ CHULA VISTA J1.JNE 23. 2009, Item 13 . - ITEM TITLE: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE SEVENTH AMENDMENT TO THE GATEWAY CHULA VISTA DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) SUBMITTED BY: DEPUTY NTY MANAGERlDEVELOPMENT D IRECTO R(J' '" ~ If. CITY MANAGERt- SERVICES REV1EWED BY: 4/5THS VOTE: YES D NO 0 SUMMARY The Gateway Chula Vista Disposition and Development Agreement (DDA) was approved June 6, 2000, for the development and operation of a phased First Class, First Quality mixed-use commercial/office project with restaurant and retail components and common areas. The fIrst and second phases have been realized, however, the third and fmal phase will not meet the construction deadline of June 30, 2009. The Seventh Amendment to the DDA provides for changes to reflect the current anticipated construction timeframe for Phase III. This amendment recommends the Phase III completion date be extended to December 31, 2014. El'.'VIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action is adequately covered in previously adopted Mitigated Negative Declaration IS- 99-24. Thus, no further environmental review or documentation is necessary. RECOMMENDATION Adopt the Resolution approving the Seventh Amendment to the Gateway Chula Vista Disposition and Development Agreement. BOARDS/COMMISSION RECOMMENDA nON On June 11, 2009, the Chula Vista Redevelopment Corporation recommended that the Redevelopment Agency adopt the Resolution approving the Seventh Amendment to the Gateway Chula Vista Disposition and Development Agreement. 13-1 DISCUSSION The Gateway Chula Vista DDA Attachment No.3 Schedule of Performance required that the construction of Phase III be completed by December 31, 2007. The Sixth Amendment to the DDA ex1ended the completion date for construction of Phase III improvements to December 31, 2008, and authorized the Redevelopment Agency Executive Director to provide for additional extensions of time to perform of up to 12 months in the aggregate. Subsequently, the Executive Director extended the completion of Phase III to June 30, 2009. However, due to market conditions, the developer has experienced significant setbacks in obtaining fmancing for Phase III. To allow additional time for the construction of Phase III, the Seventh Amendment ex1ends the construction completion date to December 31, 2014. Tne Developer has submitted an application requesting an amendment to the Gateway Specific Plan to mirror the above change and also to remove the requirement for a First Class, First Quality restaurant and to allow educational and training facilities. The Specific Plan amendment will be presented for consideration to the Chula Vista Redevelopment Corporation, Planning Commission and the City Council in the near future. DECISION MAKER CONFLICT Staff has reviewed the properly holdings of the Redevelopment Agency and has found no properly holdings within 500 feet of the boundaries of the property which is the subject of this action. CURRENT YEAR FISCAL IMP ACT The approval of the Seventh Amendment to the DDA will not result in any expenditures or revenues in the current fiscal year. In 2010, Gateway Phases I and II will generate approximately $633,000 in new property tax revenue and $462,000 in gross tax increment for the City and Agencv. . - ~ ONGOL~G FISCAL IMPACT Currently there are no identified future expenditures associated v,ith approval of the item. The approval of the Seventh Amendment may result in future discussions regarding the possibility of Agency financial participation to address gap financing needs. The construction of Gateway Phase III will help result in new sales tax and tax increment revenue to the City and Agency. ATTACHMENTS 1. Resolution of the Redevelopment Agency adopting the Seventh AJIlendment to the Gateway Chula Vista Disposition and Development Agreement ~ Seventh Amendment to the Gateway Disposition and Development Agreement Prepared by Diem Do, Senior Project Coordinator, DfNelopment Services 13-2 RESOLUTION NO. 2009- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE. CITY OF CHULA VISTA ADOPTING THE SEVENTH AMENDMENT TO THE GA TEW A Y CHULA VISTA DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) WHEREAS, the Redevelopment Agency and the Developer (Gateway Chula Vista LLC) are parties to that certain Disposition and Development Agreement ("DDA") dated June 6, 2000, as amended by that certain First Amendment to DDA ("First Amendment") dated September 25, 2001, as further amended by that certain Second Amendment to DDA ("Second Amendment") dated December 17,2001, as administratively amended by that certain Third Amendment to DDA ("Third Amendment") dated April 1, 2002, by that certain Fourth Amendment to the DDA ("Fourth Amendment") dated April 1, 2003, by that certain Fifth Amendment to the DDA ("Fifth Amendment") dated November 18,2003, and by that certain Sixth Amendment to the DDA ("Sixth Amendment") dated February 17, 2004. The DDA, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment and the Sixth Amendment are collectively referred to herein as the DDA; and WHEREAS, the DDA relates to the development and operation of a phased First Class First Quality mixed-use commercial/office project with restaurant and retail components and common areas of up to 385,089 square foot, including a five-tier 1300 space parking structure that spans all Phases of the Project; specifically the retail component will include up to 81,000 square feet with restaurants, financial institutions and other retail uses. Phase I includes 102,329 square feet in a five story office tower at the easterly portion of the Site, Phase II includes 132,334 square feet in a six story office tower, and Phase III will include 150,426 square feet in a six story office tower at the westerly portion ("Project"); and WHEREAS, timing of construction of the Project's Phase III Improvements has been delayed as a result of unfavorable overall market conditions and the effects of the recession on [manciallending institutions. As a result, pursuant to Section 70 1.1 (d) of the DDA, Developer has requested an extension of time to commence and complete construction of Phase III, and renegotiate the amount and timing of the Agency Participation and one or more terms and provisions of the DDA;and WHEREAS, Agency is willing to adjust Developer's Schedule of Performance for commencement and completion of the Phase III construction subject to the terms and conditions set forth in the Seventh Amendment to the Gateway DDA; and WHEREAS, Agency and Developer acknowledge that there may be a financial GAP in the development of Gateway Phase III and, notwithstanding section 801 of the DDA, agree to negotiate in good faith in identifying the amount of the GAP that the Agency may consider funding and the timing of any Agency Participation, pursuant to Section 800 of the DDA; and 13-3 WHEREAS, the Environmental Review Coordinator has reviewed the proposed action for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action is adequately covered in previously adopted Mitigated Negative Declaration IS-99- 24. Thus, no further environmental review or documentation is necessary. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby approve the Seventh Amendment to the Gateway Chula Vista Disposition and Development Agreement (DDA) in the form presented. BE IT FURTHER RESOLVED, the Chairperson is authorized and directed to execute final forms of the Seventh Amendment, and Agency staff is authorized and directed to take all reasonable actions necessary to implement the same. Presented by: Approved as to form by: / il<' I /, (.[.c",----'" Bart C. Miesfeld General Counsel ,\)t. _/1 ( . .~. - - I- {<:rL Gary Halbert Deputy City ManagerlDevelopment Services Manager 13-4 THE ATTACHED AGREEMENT HAS BEEN REVIEWED A1'-iTI APPROVED AS TO FORNI BY THE CITY ATTOR1'lEY"'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: SEVENTH A1'\1ENDMENT TO DISPOSITION A1'ID DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND GATEWAY CHULA VISTA 2, LLC AND GATEWAY CHULA VISTA 3, LLC FOR GATEWAY PHASE III CONSTRUCTION PERFOR1\1AJ.'lCE EXTENSION, RESTAURANT AND EDUCATION CO:MPO!\.TENT AMENDME1'-il 13-5 SEVENTH AMENDMENT TO DISPOSITION A-~ DEVELOPMENT AGREEMENT (Gateway ?hase III Const~ction Performance Extension Amendment) This SEVENTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT ("Seventh Amendment") is ent.ered into as of July 1, 2009, (\\Effective Datell or \\Date of Seventh Amendment") by and bet.ween the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a public body corporate and politic ("Agency") and GATEWAY CHULA VISTA 2, LLC, a California Limited Liability Company and GATEWAY CHULA VISTA 3, LLC, a California Limited Liability Company (collectively "Developer") . A. The Agency and the Developer are parties to that certain Disposition and Development Agreement (nDDA") dated June 6, 2000, as amended by that certain First Amendment to DDA (nFirst Amendment.") dated September 25, 2001, as further amended by that cert.ain Second Amendment to DDA ( "Second Amendment") dat.ed Dec~-nber 17, 2001, as ad.'Ilinistratively amended by that certain Third Amendment to DDA ("Third Amendment") dated April 1, 2002, by that certain Fourth Amendment to the DDA ("Fourth Amendment") dated April 1, 2003, by that certain Fifth _~endment to the Dm'\. ("Fifth Amendment") dated November 18, 2003, and by that certain Sixth Amendment to the DDA ("Sixth Amendment") dated February 17, 2004. The DDA, First A'Ilendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment fu""ld the Sixth Amendment are collectively referred to herein as the DDA. B. The DDA relates to the development and operation of a phased First Class First Quality mixed-use commercial/office project with restaurant and retail component:s and common areas of up to 385,089 square foot, including a. five-tier 1300 space parking structure that Spfu""lS all Phases of the Project; specifically t:he ret:ail component. will include up to 81,000 square feet: wit:h restaurants, financial institutions a.rtd other retail uses. phase I includes 102,329 square feet in a five story office tower at the easterly portion of the Site, Phase II includes 132,334 square feet in a six story office tower, and Phase III will include 150/425 square feet in a six story office cower at the westerly portion (nprojecc"). C. Capitalized terms used in this Seventh Amendment are defined and set forth in the DDA, lli""lless separately defined in this Seventh .~endment, inclusive of the Attac0~ents thereto. Gatew~y Chula Vista Page 1. Seventh .2Unend11ent to Disposition and Development Agreement 13-6 D. Timing of construction of the Project's Phase III Improvements has been delayed as a result of unfavorable overall market conditions ~"d the effects of the recession on fin~~cial lending institutions. As a result, pursuant to Section 701.1 (d) of the DDA, Developer has requested an exta~sion of time on the construccion commencement and completion date for Phase III, to renegotiate the amOW"t ~~d timing of Agency Participation and to renegotiate of one or more terms ~~d provisions of the DDA. E. Agency is willing to adjust Developer's Schedule of Performance for completion of the Phase III construction subject to the terms and conditions set forth herein. F. Pursuant Amendment requires to Section 1315 of approval by the Agency the DDA, Board. this Seventh NOW, which are cove:2ants Agency and THEREFORE, in consideration of a subst~~tive part of the and consideration contained Developer agrees as follows: the foregoing recitals, Seventh Ame.....1dment, the ~~d exchanged herein, 1. Agency and Developer acknowledge that there is a financial G2U' in the development of Gateway Phase III and agree to negotiate the amount ~"d timing of the Agency Participation, ~~d the renegotiation of one or more terms ~nd provisions of the DDA pursuant to Section 800 of the DDA, 2. DDA Attach..TIlent No.3, Schedule of Performance, Milestone No. 40 Commencement of Construction and Development of the Applicable Phase Improvements is hereby amended ~~d restated as follows: Commencement of Construction ~~d Applicable Phase Improvements. commence construction of the Phase or before December 31, 2012. Development of the Developer shall III Improvements on 3. DDA Attachmem: No.3, Schedule of Milestone No. 43 Schedule of Performance Completion is hereby amended and restated Performance, for Phase III as follows: Completion of Construction of Phase III Improvema~ts. Developer shall have completed 100% of the Phase III Improv~~ents of the Project on or before December 31, 2014 . Gateway.Chula Vista Page 2 Seventh Amendment co Disposi cion and Development Agreement 13-7 4. Notwithstanding Sections 1, 2 and 3, DDA 802.5 through 802.7 are hereby stricken from and replaced w~~h the following Section 802.5: Sections the DDA Any request for future Agency fina.-'lcial participation shall be submitted by Developer to Agency in writing. 5. Other Provisions. Except herein, all other teTInS and shall remain in full force and as expressly conditions of effect. provided the DDA [Signature Block for Seventh Amendment begins on Next Page] Gateway Chula Vista Page 3 Seventh Amendment to Disposition and Development Agreement 13-8 Signature page to Seventh Amendment to Gateway Disposition and Development Agreement IN WITNESS ~IHEREOF , th.e ?edevel Cp:Tie:: t Age:;;c::: i.. "- i.:.t: r'; :--\t ',j;.. Chula ...; i.5 Co., a:: .~.g'2r:c:"" , :'"l:-c~.:: .....;il::.e':.'c'/ ('~".:...:. ::i . is:.:::. " , ~;~., 0e~!e::oper . ha"Je sig.r.ec t-r:<:: ~~2~/f~:-~:::~ ;".;.~E:'t~(i-:l.e:-:=- ~~C _ ;":'::: ~,;c: ::. .:.~:J.j.... Di.spOS':' ti-or~ end Develop:r.ent ;:"g:~BeTf:!i.~ c.'::- ,-,;:. :- [-.f::' -;, .- .; co' ~... ~ ~<<,;;;;, ... -,. ,-' > ~),:: ::. E' _ REDEVELOPHE~JT AGENCY OF THE CITY OF CIDJLA VISTA, ~ p::bl i c ;;::"'C',' co=pc~ate a~d pcli~ic, Sy: C::er1'1 '....ox. ,.::ta,",---r GATEWAY CHULA VISTA 2 LLC, '" C",:: r;o':T,_c :i:ni'ced ~;at::"l:j Company. By: Coast Pacific Properties, LLC :1 J_c_.;..f.::Y!-r:.:'2. .w::;':; ~I=:j Liabi .lie}' Carrrpan',' / . It.s; cc/anSJ;i:';g :':e~;b'=-r'-- ._,~ I \ , "~\ ::: t~::"v:.~;~~":l~=:.:~,~, ::ia'bi."l i t"i l,':Or::."!;.:l<3.n':'. ~ r :;r~:::..d .'. ~{;....: =t~; ,.... '4......4C' ..... M'e;:-j:;e!_- r;,~,-;<~.;-..._. ::.::';:;>. -> <.. Bv: .,. -~"' /' .- '// ' .' /- -,,...,. '/' .r /~... .......--;..7 ",F ,1".,.,- /':' / ~ --r~~-:j'./.-._--- ~ - G;-':;:>'-0:'~._,./;r:"rl...I!' '-'i-.., ,.,.....:l.~ - -',..I -':V''-- L '-.-<::':;- :';ar,..:i.;~~~:' D. GATEWAY CIDJLA VISTA 3 LLC, a Cal~:;~~i~ L~miten ;''lC.'-.'': ; C\)mpa;-~y . 3y: Coast Pacific Properties, LLC. ?: Ca_lir(";:-t.~':' ~.):':7l_::..J;t.: ~iabi~ity ~~~~p~~y I\.:s: cO-i.raz:aq::':lg- ?~:F--';;~~' -, "-... I :"\ .-~'w=-~ I -.~~~ Ja:!lE>S V. Pieri, :'Ia.::ag5_n~; ':'~e::t.:[\2: 3y: By: Chula Vista Asset Hanagement. LLC, ,; ',,2 ~ : : .:- , ~. ; ., - ", ~T,i ::2(< Liability C0~~any 1:'5: r""" Co-. r'lana.gi 7-'w:'le~er ;/ /,' /'/ .' /' ,J ('/" / /,' _..'fj-Z . t /7' - /. ~)'-;~Yv- . By: G.:H:: e~'lin/ ChC:~3 '~':S~E .'~{:e Seventh l'::nendmen t -0 ,.<-.' DISpcsit.icr. De'/e;' o;:;r,r;..:::::: ..:..; :"ee;;:e'; ~ 13-9 D. Gregory Scott, Chairman Manager ATTEST: By: Agency Secretary Approved as to form: Approved as to form: By: By: Agency General Counsel Developer Counsel to Gateway Chula vista Page 5 Seventh Amendment to Disposi tion and Development Agreement 13-10 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: CITY COUNCIL APPRO V AL OF THE UNIVERSITY VILLAGES PROCESSING AGREEMENT A1"1D AUTHORIZATION FOR THE CITY ATTORNEY'S OFFICE TO RETAIN OUTSIDE LEGAL COUNSEL TO ASSIST IN THE LEGAL WORK FOR THE UNIVERSITY VILLAGESIUNIVERSITY A1"\1D REGIONAL TECHNOLOGY PARK PROJECT A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE UNIVERSITY VILLAGES PROCESSING AGREEMENT SUBMITTED BY: REVIEWED BY: B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ATTORJ'ffiYS OFFICE TO RETAIN OUTSIDE LEGAL COUNSEL TO ASSIST IN THE LEGAL WORK FOR THE UNIVERSITY VILLAGESIUNIVERSITY A1'1D REGIONAL TECHNOLOGY PARK PROJECT AND AUTHORIZING THE CITY ATTORJ'IEY TO ENTER INTO THE REQUISITE LEGAL SERVICES AGREEMENTS AND ANY A1V,ffiNDMENTST~~ CITY ATTORNEY'~- CITY ATTORJ'IEY SUMMARY In April and May of 2008, the City entered into two separate Land Offer Agreements ("LOAs") with two separate landowners/developers ("Developers") in order to secure land for a University and Regional Technology Park which is envisioned in the Chula Vista General Plan. The LOAs generally provide each Developer the opportunity to develop a maximum of 13,400 dwelling units combined between both ownerships (referred to collectively as the "University Villages Project" or "Project") in exchange for approximately 210 acres of land being conveyed to the City by the Developers for the City's use in ultimately implementing the University and Regional Technology Park. 4/STHS VOTE: YES D NO ~ 14-1 JUNE 23, 2009, ItemJL Page 2 of 4 ENVIRONMENTAL REVIEW A preliminary review of the proposed action was conducted for compliance with the California Environmental Quality Act ("CEQA") and staff has determined and recommends that the City Council fmd and declare that the proposed activity is not a project pursuant to California Code of Regulations Title 14, Division 6, Chapter 3 and therefore is not subject to environmental review. RECOMMEl';l)A nON That the City Council adopt the subject Resolutions. BOARDS/COMMISSION RECOMMENDA nON Not applicable. DISCUSSION While approximately half of the villages that comprise the Otay Ranch have been constructed or entitled, approximately 2,200 acres remain in its natural state and are yet to be entitled or developed. The University Villages Project will entitle the remaining portions of the Otay Ranch. To achieve completion of the University Villages Project and receive the [mal conveyance of the 210 acres for the University and Regional Technology Park, the City must concurrently process a significant number of development applications. These development applications include: 1) a General Plan Amendment ("GPA"); 2) an Otay Ranch General Development Plan Amendment ("GDPA") for both Developers; 3) four Sectional Planning Area ("SPA") Plans; 5) five Tentative Maps for the remaining Otay Ranch Villages (Villages 3, 4, 8, 9 and 10); and 6) five Environmental Impact Reports ("ErRs") (referred to collectively as the "Project Entitlements"). Pursuant to the LOAs all of this work must be completed within a strict 24-month time period, subject to a processing agreement entered into between the City and the Developers ("Processing Agreement") (please see Attachment No.2). Extensive legal work will be required on all aspects of processing the University Villages Project. Although the City Attorney's office has the requisite expertise to process the Project Entitlements, we currently do not possess an appropriate level of staffing to perform this work along with all of the other work that the City Attorney's office processes for the City and its various departments. Therefore, the City Attorney's office contacted several legal firms and asked that they submit a Statement of Qualifications ("SOQ") for our review for selecting a legal firm to assist our office in working on the University Villages Project. The following firms submitted a SOQ: . Nossaman, LLP (Irvine) Remy, Thomas, Moose and Manley, LLP (Sacramento) Latham & Watkins, LLP (San Diego) The Sohagi Law Group (Los Angeles) Luce Forward, LLP (San Diego) Norton, Moore, Adams, LLP (San Diego) . . . . . 14-2 JUNE 23, 2009, Item~ Page 3 of 4 All of the above fIrms are highly qualified and have the capabilities to timely complete the work. Therefore, two important factors that we reviewed in coming to a decision on which law fInn to retain were estimated costs and familiarity with the proposed Project. As for estimated costs, the firms ranked as follows: 1. Luce Forward, LLP (San Diego); $322/hour (including 10% City Discount) 2. Remy, Thomas, Moose and Manley, LLP (Sacramento); $335/hour 3. Norton, Moore, Adams, LLP (San Diego); $340/hour (including 10% City Discount) 4. Nossaman, LLP (Irvine); $355/hour (including 10% City Discount) 5. The Sohagi Law Group (Los Angeles); $375/hour 6. Latham & Watkins, LLP (San Diego); $554/hour In regards to familiarity with the City of Chula Vista all six of the firms have performed work in or in the vicinity of Otay Ranch in either a private capacity or conducting work for the City. For example, the Sohagi Law Group assisted the City Attorney's office with work on the City's General Plan Update in 2005. Specifically concerning the Project, the Nossaman fIrm recently assisted the City Attorney's office in the preparation of the Processing Agreement for the Project. Only one firm, however, Norton, Moore, Adams, LLP, is highly familiar with all aspects of the Project and the Otay Ranch. As Council is aware, a principal of Norton, Moore, Adams, LLP, Ms. Anne Moore, in her previous work with the City Attorney's office, represented the City on all of its land use matters from 1995 to 2008, including: 1) the adoption of the Otay Ranch General Development Plan; 2) the adoption of each of Otay Ranch's SPA Plans, including the Public Facility Financing Plans and Design Guidelines; 3) the adoption of the Otay Ranch Resource Management Plans and all Amendments; 4) representing the City concerning Development Agreements and Tentative and Final Subdivision Maps for Otay Ranch; and 5) representing the City in the successful completion of two identical land offer agreements. Based upon this extensive experience with the City, and specifically, the Otay Ranch and the Project, we believe that Ms. Moore of Norton, Moore, Adams, LLP will provide invaluable historical knowledge of the Otay Ranch and the Project; has extensive knowledge of the City's unique planning process; and has built successful relationships with City staff and the Project Developers; all of which will add to the timely completion of this significant Project for the City. Even though Norton, Moore, Adams, LLP ranks third concerning estimated Project costs, Ms. Moore's extensive experience with the City, the Otay Ranch and the Project outweighs the minimal hourly cost estimate difference between the top three fIrms. Therefore, in light of the foregoing, we recommend that the City Council authorize the City Attorney's office to retain Norton, Moore, Adams, LLP. A Resolution is attached for City Council's consideration authorizing the City Attorney's office to retain Norton, Moore, Adams, LLP to assist in the legal work for the Project and authorizing the City Attorney, or his designee, to enter into the requisite legal services agreements and any future amendments to the legal services agreements. 14-3 JUNE 23, 2009, ItemK Page 4 of 4 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council Members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. CURRENT YEAR FISCAL IMP ACT There is no current year fiscal impact (FY 08-09) associated with the subject action. Each developer will have a deposit account with the City and pay all costs for the legal consultant work associated with processing the project. ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with the subject action. Each developer will continue to have a deposit account with the City and pay all costs for the legal consultant work associated with processing the proj ect. ATTACHMENTS 1. Resolution - Approval of Processing Agreement Resolution - Approval of Legal Services Agreement 2. Processing Agreement 3. Legal Services Agreement Prepared by: Office of the City Attorney 14-4 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE UNIVERSITY VILLAGES PROCESSING AGREEMENT WHEREAS, in April and May of 2008, the City of Chula Vista ("City") entered into two separate Land Offer Agreements ("LOAs") with two separate landowners/developers ("Developers") in order to secure land for a University and Regional Technology Park which is envisioned in the Chula Vista General Plan; and WHEREAS, the LOAs generally provide each Developer the opportunity to develop a maximum of 13,400 dwelling units combined between both ownerships (referred to collectively as the "University Villages Project" or "Project") in exchange for approximately 210 acres of land being conveyed to the City by the Developers for the City's use in ultimately implementing the University and Regional Technology Park; and WHEREAS, to achieve completion of the University Villages Project and receive the fmal conveyance of the 210 acres for the University and Regional Technology Park, the City must concurrently process a significant number of development applications, including: I) a General Plan Amendment ("GP A"); 2) an Otay Ranch General Development Plan Amendment ("GDPA") for both Developers; 3) four Sectional Planning Area ("SPA") Plans; 5) five Tentative Maps for the remaining Otay Ranch Villages (Villages 3, 4, 8, 9 and 10); and 6) five Environmental Impact Reports ("EIRs") (referred to collectively as the "Project Entitlements"); and WHEREAS, pursuant to the LOAs the Project Entitlements must be completed within a strict 24-month time period subject to a processing agreement entered into between the City and the Developers ("Processing Agreement"); and WHEREAS, the City Attorney's office has negotiated the requisite Processing Agreement; and WHEREAS, after preliminary review the City Council hereby finds and declares that the proposed action is not a project pursuant to the California Environmental Quality Act ("CEQA"), California Public Resources Code Section 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, Article 20, Section I 5378(b)(5). The City Council further finds and declares that, with certainty, there is no possibility that the proposed activity in question will have a significant effect on the environment because the proposed action includes only organizational or administrative activities. The City Council further fmds and declares that the underlying discretionary projects that are the subject matter of this action will include environmental review. Therefore, based on the foregoing Findings, the proposed action is not subject to environmental review. 14-5 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves the University Villages/University and Regional Technology Park Project Processing Agreement and authorizes the City Manager, or his designee, to execute the same and any future amendments thereto. Presented by: Approved as to form by: Bart C. Miesfeld City Attorney &-~ Bart C. Miesfeld City Attorney 14-6 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ATTORL'ffiY'S OFFICE TO RETAIN OUTSIDE LEGAL COUNSEL TO ASSIST IN THE LEGAL WORK FOR THE UNIVERSITY VILLAGESIUNIVERSITY A.1"ID REGIONAL TECHNOLOGY PARK PROJECT A.1'JD AUTHORIZING THE CITY A TTORL'JEY TO ENTER INTO THE REQUISITE LEGAL SERVICES AGREEMENTS AND ANY AMENDMENTS THERETO WHEREAS, in April and May of2008, the City of Chula Vista ('"City") entered into two separate Land Offer Agreements ('"LOAs") with two separate landowners/developers ("Developers") in order to secure land for a University and Regional Technology Park which is envisioned in the Chula Vista General Plan; and WHEREAS, the LOAs generally provide each Developer the opportunity to develop a maximum of 13,400 dwelling units combined between both ownerships (referred to collectively as the "University Villages Project" or "Project") in exchange for approximately 210 acres of land being conveyed to the City by the Developers for the City's use in ultimately implementing the University and Regional Technology Park; and WHEREAS, to achieve completion of the University Villages Project and receive the fmal conveyance of the 210 acres for the University and Regional Technology Park, the City must concurrently process a significant number of development applications, including: 1) a General Plan Amendment ('"GP A"); 2) an Otay Ranch General Development Plan Amendment ("GDPA") for both Developers; 3) four Sectional Planning Area ('"SPA") Plans; 5) five Tentative Maps for the remaining Otay Ranch Villages (Villages 3, 4, 8, 9 and 10); and 6) five Environmental Impact Reports ('"ErRs") (referred to collectively as the "Project Entitlements"); and WHEREAS, pursuant to the LOAs the Project Entitlements must be completed within a strict 24-month time period; and WHEREAS, extensive legal work will be required on all aspects of processing the University Villages Project; and WHEREAS, although the City Attorney's office has the requisite expertise to process the Project Entitlements, the City Attorney's office currently does not possess an appropriate level of staffing to perform this work along with all of the other work that the City Attorney's office processes for the City and its various departments; and WHEREAS, the City Attorney's office contacted several legal firms and asked that they submit a Statement of Qualifications ("SOQ") for review for selecting a legal firm to assist the City Attorney's office in working on the University Villages Project; and 14-7 WHEREAS, six highly qualified law firms submitted SOQ's; and WHEREAS, two important factors that were reviewed in coming to a decision on which law firm to retain were estimated costs to timely complete processing of the Project and familiarity with the Project; and WHEREAS, after reviewing all six firms qualifications, the estimated costs to timely complete processing of the Project, the firms familiarity with the Project, and interviewing the firms, it was determined that Norton, Moore, Adams, LLP will provide invaluable historical knowledge of the Otay Ranch and the Project; has extensive knowledge of the City's unique planning process; and has built successful relationships with City staff and the Project Developers; all of which will add to the timely completion of the Project; and WHEREAS, even though Norton, Moore, Adams, LLP ranked third concerning estimated Projects costs, their extensive experience with the City, the Otay Ranch and the Project outweighs the minimal hourly cost estimate differences as compared to the other firms; and WHEREAS, after preliminary review the City Council hereby fmds and declares that the proposed action is not a project pursuant to the California Environmental Quality Act ("CEQA"), California Public Resources Code Section 21000 et seq and the State CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, Article 20, Section 15378(b)(5). The City Council further finds and declares that, with certainty, there is no possibility that the proposed activity in question will have a significant effect on the environment because the proposed action includes only organizational or administrative activities. The City Council further finds and declares that the underlying discretionary projects that are the subject matter of this action will include environmental review. Therefore, based on the foregoing Findings, the proposed action is not subject to environmental review. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby authorizes the City Attorney's office to retain Norton, Moore, Adams, LLP to assist in the legal work for the University Villages. Project and authorizes the City Attorney, or his designee, to enter into the requisite legal services agreements and any future amendments to the legal services agreements. Presented by: Approved as to form by: Bart C. Miesfeld City Attorney (~ Bart C. Miesfeld City Attorney J:\AttomeyWichaeISh\LandOfferAgtsILegalSo:rvicesAgtS\CCReso-3.24.09-Final.doc 14-8 UNIVERSITY VILLAGES/OTAY RANCH PROJECT STAFFING AND PROCESSING AGREEMENT (Otay Land Company, LLC) (pARCELS "B" and "C") This UNNERSITY VILLAGES/OTAY RANCH PROJECT STAFFING AND PROCESSING AGREEMENT ("Agreemenf') is entered into to be effective on , 2009 ("Effective Date") by and between the CITY OF CHULA VISTA ("City") and OTA Y LA1'ID CaMP A1"\!Y, LLC ("OLe'). City and OLC are sometimes singularly referred to herein as a "Party" and collectively as "Parties." This Agreement is made and entered into with respect to the following recitals and in consideration of the following covenants and conditions: 1. PARTIES TO THE AGREEMENT 1.1 City. The City is a chartered municipal corporation ofthe State of California. The City's planning area consists of the incorporated area of the City, and the existing sphere of influence in unincorporated areas with a significant planning relationship to the City. 1.2 OLe. OLC is a limited liability company dilly organized and existing under the laws of the State of Delaware and is authorized to conduct business in the State of California. The entity and persons executing this Agreement on behalf of OLC represent and warrant that such entity and such persons are authorized to sign for and bind such entity and OLC by duly noticed action of the Board of Directors or other dilly authorized body. 292667 - 06/19/09 721592.04180 06583...{J02I6-19.o9/jacldek 14-9 2. OT A Y RANCH PROPERTY and EXISTING APPROVALS 2.1 OLC Property. OLC is the owner of certain real property located in the County of San Diego, California, consisting of approximately 636.5 acres, shown and described on Exhibit "A," which is attached and incorporated by this reference ("Property"). The property is part of the Otay Ranch which is within the incorporated limits of the City. 2.2 Land Offer Agreement. On April 15, 2008, the City Council approved a Land Offer Agreement between the Parties ("LOA") pursuant to which OLC will submit applications for certain discretionary entitlements for development including, but not limited to those land use entitlements described on Exhibit "B" attached hereto and incorporated herein ("Proposed Entitlements''). The City is obligated to process the Proposed Entitlements pursuant to the terms of the LOA and applicable law. The LOA requires the execution of this Agreement to address the details of the entitlement process. 2.3 Processing of Proposed Entitlements. The City and OLC acknowledge that the planning and development of the Otay Ranch is a complex process. The Parties express their mutual understanding, responsibilities and intentions in this Agreement concerning the processing of the Proposed Entitlements for the Property. 2.4 Reimbursement to City. This Agreement also is a means to ensure reimbursement of the City for all costs and expenses it will incur in connection with the City retaining Project Professional Staff(defined in Section 5, below) and City direct and overhead costs associated with the processing of the Proposed Entitlements. 292667 nIS92.04/SD 06583-002/6-19-09/jacldek -2- 14-10 2.5 Project. The proposed project which is the subject of the Proposed Entitlements is ; i ,. ;. , defined as Villages Eight West and Nine of the Otay Ranch as shown on Exhibit "C" consisting of a proposed maximum of 6050 residential dwelling units, 1.8 million square feet of commercial uses and approximately 46.7 acres of open space and other uses ("Project'). 2.6 Studies. Studies, reports or other analysis documentation, including without limitation environmental analysis required by the California Environmental Quality Act (collectively, the "Studies") will be necessary to process the Proposed Entitlements for the Project leading to City Planning Commission and City Council hearings to consider approval of the Proposed Entitlements. 3. PROPOSED ENTITLEMENTS PROCESSING PROGRAM AND SCOPE 3.1 Processing of Proposed Entitlements In General. The City will process the Proposed Entitlements in accordance with this Agreement, State law, applicable City ordinances, resolutions, regulations and policies, and consistent with the terms of the LOA. The Parties agree to meet on a regular basis concerning the status of submittals and processing, and to work cooperatively to promptly identify and resolve issues as they arise. 3.2 CEQA Documentation. The Proposed Entitlements will require environmental analysis and documentation pursuant to the requirements of the California Environmental Quality Act (Pub. Res. Code, 9921000, et seq.) ("CEQA"); the CEQA Guidelines (14 Cal. Code Regs, 9915000, et seq.) ("Guidelines"); and the City's Environmental Review Procedures ("CEQA Documents"). For purposes of this Agreement, the Proposed Entitlements include all CEQA Documents as provided for herein. 292667 121592.04150 Q6583.002/6-19"'{)9/jacfdek -3- 14-11 3,2.1 CEQA Documentation for General Plan Amendment and General Development Plan Amendment. The Parties currently anticipate that as of the effective date of this Agreement, OLC along with the Adjacent Developer (as defined in Section 7) already have or will make application for a General Plan Amendment ("GPA") and Otay Ranch General Development Plan Amendment ("GDPA"). OLe's GP A and GDP A applications will cover the Property ("OLC GPA Entitlements") and it is expected that the GPA and GDPA applications of the Adjacent Developer will cover the real property owned by Adjacent Developer ("Adjacent Developer GPA Entitlements"). The Parties agree that to promote efficiency and to avoid duplication of effort, the GP A and GDP A applications ofOLC and the Adjacent Developer will be concurrently processed by the City to the extent practicable (the GPA and GDPA applications submitted by OLC and the Adjacent Developer are hereinafter collectively referred to as the "GP A Entitlements"). Pursuant to CEQA Guidelines 9 15084(d)(2), City, acting as the Lead Agency for purposes ofCEQA, shall retain an environmental consultant as an Independent Contractor (as defined in Section 5, below) to prepare and process at the direction of City a draft Environmental Impact Report for the GP A Entitlements ("GPA ElK') and any other required CEQA Documents pursuant to CEQA and the CEQA Guidelines ("GPA CEQA Documents"). OLC and Adjacent Developer shall be responsible for bearing all costs associated with,the preparation and processing of the GP A EIR, including but not limited to the Independent Contractor environmental consultant and other Project Professional Staff (as defined in Section 5.1) in accordance with this Agreement and any additional three party agreement(s) and four party agreement(s) between OLC, Adjacent Developer, the City and Independent Contractors. At the time of making its application for the GP A Entitlements, OLC, either independently or in cooperation with the Adjacent Developer, shall submit any Studies (as defined in Section 2.6, above) forreview and use by City in preparing and processing the GP A ElR. 292667 721S92.04/SD 06583.002/6-19-09/jac/dck -4- 14-12 OLC shall timely provide any additional Studies or information reasonably required by City in order to prepare and process both the GP A Entitlements and the GP A EIR. 3.2.2 OLC Project Specific CEQA Documentation. Pursuant to CEQA Guideline S 15084( d)(3), OLC shall submit to City draft CEQA Documents prepared by consultants retained directly by OLC following OLC's submission of an application for OLC Project Specific Entitlements (as defined in Section 4.2, below) ("OLC Project Specific CEQA Documents"); provided, however that City will act as the Lead Agency for purposes of reviewing, processing, finalizing and certifying all OLC Project Specific CEQA Documents. The required OLC Project Specific CEQA Documents prepared by OLC consultants shall be legally adequate and of sufficient quality and completeness to allow City to analyze and determine the impacts of the Project pursuant to CEQA and applicable City regulations; provided, however, that City, acting as Lead Agency, may require revisions to or incorporation of additional Studies and analysis into the OLC Project Specific CEQA Documents to insure their completenessand legal adequacy. 3.2.3 Standards for Preparing and Processing CEQA Documentation. The City and OLC agree to work in close cooperation with regard to the CEQA Documents prior to OLC's submittal thereof for the purpose of identifying and resolving issues and expediting the CEQA process. The City shall (a) undertake the consideration of all required CEQA Documents in the manner required by law; (b) follow all legally prescribed proceedings for the processing of CEQA Documents, including public notices and hearings; and (c) exercise its independent judgment relative to all future Proposed Entitlements and CEQA Documents associated with the Property. 3.3 Proposed Entitlements as Discretionary Actions. OLC acknowledges and agrees that future decisions of the City Council on the Proposed Entitlements described in this Agreement 292667 721592.04/SD 06583..o02l6-19-09/jacfdek -5- 14-13 are discretionary actions and that the City may not enter into an agreement to obligate the City Council to exercise its discretion in a particular manner or for a particular result. This Agreement does not, therefore, in any way create a contractual, legal or equitable obligation by the City or the City Council to approve the Proposed Entitlements or certify any CEQA Documents described in this Agreement. 4. PROJECT SCHEDULE 4.1 Project Schedule; Billing Rates. The City will process the Proposed Entitlements, as identified and shown on the Project Schedule, attached as Exhibit "D" which sets forth a summary schedule for Project processing based upon a more detailed schedule that will be used to manage the Project to completion. Billing rates for Pr?ject Professional Staff (defined in Section 5.1, below) may be adjusted based on changes in salaries, contracts and/or the City's full cost recovery rate, which is subject to change based on periodic evaluation of City's overhead costs. 4.2 Processing of OLC GP A Entitlements and OLC Project Specific Entitlements. The Parties agree to use their reasonable best efforts to process the Proposed Entitlements within the time frames as set forth in the Project Schedule. Notwithstanding the foregoing, the City and OLC acknowledge that the individual line items set forth in the Project Schedule are only estimates and may be subj ect to change from time to time, provided that the Proposed Entitlements shall be considered for approval within the "LOA 24-month Processing Period," as defined below. OLC has filed applications with City for the OLC GP A Entitlements and associated GP A CEQA Documents. OLC anticipates that it will separately and individually file applications for Sectional Planning Area Plans ("SPA Plans"), tentative subdivision maps, an amendment to the Restated and Amended Pre- Annexation Development Agreement between the City and Otay Ranch, L.P., recorded 292667 721592.04150 06533-002l6-19--09/jac/dek -6- 14-14 May 12,1997, and related entitlement docwnents including, but not limited to Public Facilities , f" Financing Plans related solely to the OLC Property (collectively, the "OLe Project Specific Entitlements".) The Parties agree that the Proposed Entitlements will be bundled and concurrently considered by the City for approval. The Parties agree that the twenty-four (24) month time period for processing the Proposed Entitlements pursuant to Section 3.3 of the LOA, as maybe extended, if at all, pursuant to Section 5.9 of the LOA ("LOA 24-month Processing Period") shall commence when the applications specifically described in the "Complete Sectional Planning Area Application Submittal Requirements for the University Land Offer Agreements Projects" attached as Exhibit "E" have been filed with and been deemed complete by the City in accordance with applicable law. Except as otherwise provided in the LOA, the City shall have no liability in monetary damages to OLC for the failure to process the Proposed Entitlements within the LOA 24-month Processing Period and the estimated time frames set forth in the Project Schedule attached as Exhibit "D"; provided that OLC may pursue against the City any and all other available rights and remedies in law or in equity. Nothing herein shall be construed to modify the provisions of the LOA or applicable City regulations with respect to the processing of the Proposed Entitlements. 5. STAFFING 5.1 Project Professional Staff. The City shall hire and assign professional still, including, but not limited to, planners, engineers, inspectors, landscape architects and attorneys (herein referred to collectively as "Project Professional Staff,) for the purpose of processing the Proposed Entitlements, provided that OLC shall contract directly with CEQA consultants as described in Section 3.2.2 hereof or with any other consultants it deems necessary to prepare and process the Proposed Entitlements on its behalf. Proj ect Professional Staff shall consist of Permanent City Employees, "Temporary Expert Professionals" who are temporary City employees 292667 721592.04/SD 06583..{)02t'6-19-09/jacldek -7- 14-15 and "Independent Contractors" who are consultants retained by and working for the City. 5.1.1 Hiring Responsibility. OLC agrees that the City is solely and exclusively responsible for the hiring of the Project Professional Staff, and that OLC understands that it has no right to select the Project Professional Staff that will be assigned to processing the Proposed Entitlements. OLC shall not have any involvement in the City's final hiring decision, or the City's employment relationship with the Project Professional Staff. The City shall retain full rights to supervise the work of the Project Professional Staff and ensure that the Project Professional Staff exercises full and complete independence from OLC in connection with work performed on the Proposed Entitlements. The City shall retain full rights to discipline and terminate the Project Professional Staff as the City deems appropriate. 5.1.2 Reassignment. OLC agrees that the City shall have the absolute discretion to reassign the Project Professional Staff to other projects as the City deems necessary and to hire additional Project Professional Staff or terminate Project Professional Staff; provided, however, in the event the City assigns the Project Professional Staff to other work, OLC shall not have the obligation to pay for the time spent by Project Professional Staff on such reassigned work nor the time spent to educate replacement Proj ect Professional Staff regarding the Proposed Entitlements. The City shall endeavor to keep such reassignments to a minimum, and shall notifY OLC in advance, when possible, of such reassignments. 5.1.3 Access to Staff. Notwithstanding Section 5.1.1, above, the City shall take all steps necessary to ensure that OLC has regular and continuous access to the Project Professional Staff by and through the City Staff during the processing of the Proposed Entitlements. To implement this provision, the Project Professional Staffwill schedule regular meetings with OLC 292667 721592.04ISD 06583-o02l6-19-09/jaddek -8- 14-16 and others to facilitate the expeditious processing of the Proposed Entitlements. Among other things, at such regularly scheduled meetings Project Professional Staff will continuously notify and advise OLC of the proj ected need for additional time, costs and expenses pursuant to Section 5.2.2 below, which shall be subject to the reasonable approval of OLe. In the event that OLC and Project Professional Staff are unable to resolve any differences which may arise during the processing of the Proposed Entitlements, or in the event of differences between City departments regarding the Project, the Deputy City Manager/Development Services Director shall timely adjudicate such disagreements and seek a mutually acceptable resolution. 5.2 Payment of Staff Time. OLC understands that the City has relied on its representation that OLC intends to continue to process its Proposed Entitlements for the term of this Agreementand as a result of this representation, the City will assign specific City employees, hire new City employees and enter into employment contracts with Temporary Expert Professionals to work on the processing of such Proposed Entitlements. In the event that OLC, or other entities outside the City's control, take actions that wouldresult in suspending or stopping the processing of the Proposed Entitlements such that work is not required from the Project Professional Staff, OLC agrees to pay the amounts incurred for up to a 30 day period based on the actual work completed on the Proposed Entitlements during such 30 day period. The 30 day period shall connence from the date the City receives written notice of such suspension stoppage from OLC, or the date City notifies OLC in writing that the City is suspending or stopping work on processing the Proposed Entitlements as authorized by the LOA due to circumstances outside of the City's control. 5.2.1 Written Notification. OLC or City, as the case may be, shall provide immediate written notification to the other party of suspension or stoppage of work on the processing of the Proposed Entitlements. Upon receipt of said notice, the City shall make, in its discretion, a 292667 n1592.04lSD Q6583-002/6-1!Ml9/jaddek -9- 14-17 good faith effort to reassign staffto other cost recoverable work. OLC shall not be responsible to . pay that portion of the Project Professional Staff's time that is assigned to other cost recoverable work. Notwithstanding any other provisions of this Agreement to the contrary, the City shall have sole discretion in assignments or reassignment of Project Professional Staff. 5.2.2 Additional Time. In the event the Project Professional Staffworks more than 40 hours per week, averaged monthly, on the Proposed Entitlements, OLC shall pay for the Project Professional Staff's additional time, costs and expenses in accordance with the then applicable billing rates. 5.2.3 Monitor. The City shall monitor and control the costs incurred by the Project Professional Staffwith respect to the processing of the Proposed Entitlements, so that unnecessary staff costs and time delays can be avoided. The City shall maintain time and billing records of the time spent by the Project Professional Staff. The City will include such records in the monthly billing statements to OLC. 6. COSTS AND PAYMENT 6.1 OLC to Pay Costs of Project Professional Staff. OLC shall pay the City for the Project Professional Staff's costs and expenses, including all of the City's direct and overhead costs related thereto as a result of processing the Proposed Entitlements. The billing rates are subject to change from time to time based on changes to staff assignments, salaries and/or changes to the City's full cost recovery rate and contracts with Temporary Expert Professionals and Independent Contractors. The billing rates charged for City employees under this Agreement shall be the standard rates charged to other development applicants within the City. The City shall notifY OLC 292667 721592.04/50 06583..(102f6.19-09/jacldek -10- 14-18 in advance of such adjustments thirty (30) days prior to their effectiveness. The Parties shall work cooperatively to contain costs and promote efficient processing of the Proposed Entitlements. 6.2 Monthly Billing Statements. Within fifteen (15) days after the end of each month, the City shall submit to OLC monthly billing statements for the actual staff time and costs incurred in working on processing the Proposed Entitlements. Each monthly statement shall be accompanied by the City's monthly staff time report. The time sheets to be used by the Staff shall be in substantial compliance with the City's standard time sheet form. Each monthly invoice shall identify the specific services performed, the time spent on each item and the specific cost incurred. The City's monthly billing statements shall also include the time and billing records from contracted Temporary Expert Professionals, Independent Contractors and any other consultants who perform work which is necessary and reasonable for the processing of the Proposed Entitlements. Upon request the City will provide OLC with additional documentation reasonably required to support third party costs and expenses incurred. 6.3 Payment of Costs by OLC In-lieu of Application Fees. The payment ofall costs of applying for and processing the Proposed Entitlements by OLC pursuant to the terms and conditions of this Agreement, which will reimburse City in full for its processing costs, shall be in-lieu of but not be deemed a waiver of any requirement to pay City's normal application and processing fees, and therefore, the City will not require OLC to pay any of the City's application fees associated with the processing of the Proposed Entitlements. 6.4 OLC Account; Deposits. OLC agrees to deposit for OLC's account with the City the amount of $50,000.00 ("Initial Deposif') into a separate discrete account maintained by the City for OLC's benefit from which the City may draw in accordance with this Agreement ("OLe 292667 72IS92.04/SD 06S83-002l6-19-Q9/jacldek -11- 14-19 Accounf'). After the conclusion of the Proposed Entitlements process, or in the event of termination pursuant to Section 8 of this Agreement, ifanyportion of the Initial Deposit remains, the City shall return the balance of the Initial Deposit, or any Additional Deposits as defined below in this Section 6.4, to OLC without interest thereon. If, during the term of this Agreem~nt, the Initial Deposit balance becomes negative after paying to City all amounts due pursuant to this Agreement, then, upon notice of the same from City, OLC shall, within thirty (30) days after receipt of such notice, replenish the OLC Account by depositing such additional amounts ("Additional Deposits") needed to maintain the balance of the OLC Account in the minimum amount of the Initial Deposit. The notice shall be deemed to have been received by OLC 72 hours after it has been mailed by the City. OLC understa.nds that the City shall have the right to draw upon the Initial Deposit or Additional Deposits, as the case may be, to reimburse the City for any amounts unpaid by OLC upon the City's presentation of the monthly billing statement as provided in Section 6.5, below. 6.5 Payment of Monthly Statement. OLC shall pay each monthly statement within 30 days after receipt of the statement. The statement shall be deemed received by OLC 72 hours after it has been mailed by the City. Should OLC have a dispute with the City over the billing, OLC shall promptly submit a letter describing its objections to such invoice(s). The City and OLC shall resolve all disputes over any objectionable billing statements within fifteen (15) days after receipt of the OLC obj ection letter and OLC shall pay the invoice, as it may be revised pursuant to agreement between the Parties, within five (5) business days of the resolution of the dispute. The City shall have the right, and OLC agrees that City may suspend processing of the Proposed Entitlements and the LOA 24-month Processing Period in the event that OLC fails to' make timely payment on any monthly billing statement or to make Additional Deposits into the OLC Account as required by Section 6.4, until such time as the appropriate payment is made. 292667 n1592.04/SD Q6583-Q02I6-.19-09Ijaddck -12- 14-20 7. ALLOCATION OF CERTAIN COSTS WITH ADJACENT DEVELOPER 7.1 CPA EIR Cost Share. The Parties anticipate that concurrently with the City's processing of the Proposed Entitlements, adjacent property owners within Otay Ranch, including JJJ&K Investments Two, LLC, OV Three Two, LLC and RR Quarry, LLC (collectively, "Adjacent Developer"), also will be processing certain development entitlements pursuant to a separate Land Offer Agreement with the City, as approved by the City Council on May 20,2008. With respect to processing the GPA EIR required for the OLC Project and Adjacent Developer's proposed development project, OLC and Adjacent Developer have agreed that OLC shall be responsible for paying 45% of the processing costs, and Adjacent Developer shall be responsible for paying 55% of the costs of GP A EIR ("GPA EIR Cost Share"). City acknowledges and agrees that if Adjacent Developer elects not to proceed with processing land use entitlements for its property or fails to timely pay its GP A EIR Cost Share, such events shall not be deemed a default or breach by OLC under this Agreement, and City shall not delay or refuse to process 0 LC' s Proposed Entitlements or the GP A EIR by reason thereof; provided, however, that OLC thereafter shall pay 100% of the cost necessary to process the GP A EIR applicable to the Property. OLC shall not be responsible for costs or expenses incurred by the Adjacent Developer in connection with Adjacent Developer GPA Entitlements or project specific entitlements for the Adjacent Developer's land. lfthe City, for whatever reason, ceases to process Adjacent Developer's GP A Entitlement applications pursuant to the Processing Agreement between the City and Adj acent Developer, then City and OLC shall meet and determine .the modifications to the GP A EIR and OLC GP A Entitlement applications, if any, necessary to continue processing the Proposed Entitlements. The goal shall be to modify the OLC GP A Entitlement applications to include only those components or features of Adjacent Developer's application which are required in connection with the OLC GP A Entitlement applications. The 292667 721592.04lSD 06S83-002/6-19-09/jac/dek -13- 14-21 Parties acknowledge the significant overlap between OLC's Proposed Entitlements and the proposed land use entitlements for Adjacent Developer's property in the GP A Entitlements. Altematively, the City may choose, in its sole discretion, to process the Adjacent Developer GP A Entitlements at City expense. 7.2 GPA EIR Cost Share Responsibility. City may cease to process the GPA Entitlement applications of either OLC or the Adjacent Developer (the" Withdrawing Applicant") if, including without limitation the Withdrawing Applicant (a) voluntarily withdraws its applications or (b) fails to make timely payments as required by Section 6.5 oftbis Agreement or Section 6.5 of Adjacent Developer's Processing Agreement with the City, and the remaining applicant is thus required to pay 100% of the processing costs associated with the GP A ErR. as described in Sections 3.2.1 and 7.1 above. The City agrees that it shall not thereafter process any application from the Withdrawing Applicant, or its successor in interest, for property described in the applicable LOA without first collecting from the Withdrawing Applicant its GP A ErR. Cost Share as set forth in Section 7.1 above, plus interest at the prime rate of interest published by the Wall StreetJournal and adjusted monthly on the first day of each month ("Accrued Interest") and reimbursing therefrom to remaining applicant the amount of the Withdrawing Applicant's GP A ErR. Cost Share, plus Accrued Interest. This Section 7.2 shall not be interpreted to prevent OLC from proceeding with the Proposed Entitlements in the event Adjacent Developer ceases to process the Adjacent Developer GP A Entitlements for any reason. 7.3 GPAEIR Cost Share Reimbursement Dispute Waiver. In the event OLC is the Withdrawing Applicant, OLC agrees that it will not assert, and hereby waives any claim, that the City is obligated to process OLC's Proposed Entitlements should OLC, as a Withdrawing Applicant, fail or refuse to first pay OLC's GP A ErR. Cost Share as required by Section 7.1 of this Agreement. 292667 721592.04l5D 06583.002I6-19-09/jac/dek -14- 14-22 Moreover, OLC agrees that ifit is a Withdrawing Applicant, it may not dispute, and hereby waives any claim, regarding the billing statements which comprise OLC' s GP A EIR Cost Share payable at the time OLC, as the Withdrawing Applicant, subsequently requests the City to re-initiate the processing ofOLC's GP A Entitlements and OLC's Proposed Entitlements for OLC's Property. The Parties acknowledge and agree that this Section 7.3 regarding its waiver to dispute billing statements is applicable only to OLC as a Withdrawing Applicant if it seeks to reinitiate GP A Entitlements applications, and does not apply to OLC as it processes the OLC Project Specific Entitlements in the normal course pursuant to this Agreement. Under all circumstances in which OLC is not a Withdrawing Applicant, OLC's right to review and dispute billing statements for OLC's GPA Entitlement and OLC Project Specific Entitlement applications is governed by Section 6 of this Agreement. 8. TERM OF AGREEMENT AND TERMINATION RIGHTS 8.1 Term. This Agreement shall become effective on the Effective Date and, unless earlier terminated pursuant to the terms of this Agreement, shall continue in effect for a term consistent with the term of the LOA. The term of this Agreement may be extended by the further written agreement of the Parties. 8.2 Obligations Upon Termination. Upon termination of this Agreement, no party shall have any further right or obligation under the Agreement except with respect to any obligations to have been performed prior to the termination or with respectto any default in the performance of the provisions of this Agreement which occurred prior to the termination. 8.3 Rights of Termination. Notwithstanding the term of this Agreement as provided in Section 8.1, OLC and the City shall have the unilateral rightto terminate this Agreement as provided 292667 72IS92.04ISD 06583-002l6-19-09/jaddek -15- 14-23 in the LOA, subject to the payment by OLC for any services rendered by the City prior to termination of this Agreement in accordance with Section 6, above. 9. OTHER PROVISIONS 9.1 Integrated Agreement. This Agreement constitutes the final agreement between the Parties and supersedes all prior oral or written negotiations, discussions, communications, promises, covenants, understandings or representations between the City and OLC regarding the subject of this Agreement. Notwithstanding the foregoing, the Parties acknowledge that the provisions of any other written mutual agreements shall remain in full force and effect., In the event of any inconsistency between the terms and conditions of the LOA and this Agreement, the terms of the LOA shall govern. 9.2 Modifications and Amendments To Be In Writing. This Agreement may not be modified or amended except by a writing duly executed by both Parties to this Agreement. 9.3 Constrnction and Interpretation Of The Agreement. Both Parties to this Agreement acknowledge that they have been represented by counsel in respect to the negotiation and drafting of this Agreement, and that no provision of this Agreement shall be construed or interpreted by reference to the extent to which either party participated in the drafting of this Agreement, or any part thereof. 9.4 Notices. All notices required or permitted by this Agreement shall be in writing and may be delivered in person (by hand delivery or professional messenger service) to either Party or may be sent by registered or certified mail, with postage prepaid, return receipt requested or delivered by Express Mail of the U.S. Postal Service or Federal Express or any other courier service 292667 72IS92.04JSD 06583-Q02l6-19-09Ijacldck -16- 14-24 guaranteeing overnight delivery, charges prepaid, or may be transmitted by facsimile transmission and addressed as follows: To the CityofChula Vista: Mr. Gary Halbert Deputy City ManagerlDevelopment Services Director City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 With a copy to: Michael J. Shirey Deputy City Attorney City ofChula Vista 276 Fourth Avenue Chula Vista, CA .91910 To Otay Land Company LLC: Otay Land Company, LLC 1903 Wright Place, Suite 220 Carlsbad, CA 92008 Attn: Mr. Curt Noland With a copy to: Jeffrey A. Chine Allen Matkins Leck Gamble Mallory & Natsis LLP 501 West Broadway, 15th Floor San Diego, CA 92101 Any such notice sent by registered or certified mail, return receipt requested, shall be deemed to have been duly given and received seventy-two (72) hours after the same is so addressed and mailed with postage prepaid. Notices delivered by overnight service shall be deemed to have been given twenty-four (24) hours after delivery of the same, charges prepaid, to the U.S. Postal Service or private courier. If any notice is transrnitted by facsimile transmission or similar means, the same shall be deemed served or delivered upon confirmation of transmission thereof. Any notice or other document sent by any other manner shall be effective only upon actual receipt thereof. Any 292667 721592.04/SD 06583...o02l6-19-09/jac/dek -17- 14-25 Party may change its address for purposes of this paragraph by giving notice to the other Party as provided herein. 9.5 No Waiver of Any Default. No waiver of any default by any party to this Agreement shall be implied from any omission by any other party to take any action in respect of such default. No such waiver shall be effective unless expressly evidenced by a writing duly executed by the party waiving the default. No waiver of any default shall be deemed to be a waiver of any other or subsequent default. 9.6 Attorneys' Fees. In any action or proceeding arising under this Agreement or to enforce the provisions of this Agreement, each of the Parties shall bear its own attorneys' fees and costs; provided that in connection with any dispute between the parties arising out of or relating to the LOA 24-month Processing Period defined in Section 4.2 hereof, the prevailing party shall be entitled, in addition to any other relief, to recover its reasonable attorney's fees and all other costs reasonably incurred. The Parties acknowledge and agree that this Section 9.6 differs from the attorneys' fees provision contained in Section 5.2.1 of the LOA and it is the intention of the Parties that this Section 9.6 shall control with regard to this Agreement. 9.7 No Reliance. The Parties represent and warrant that they have read this Agreement in its entirety and fully understand the same, that they have had an opportunity to consult legal counsel, and that they are relying solely upon their ownjudgrnent and/or the advice of their own legal counsel in entering into this Agreement, and that no promise, inducement, representation or agreement not contained herein has been made to them by any other person. This Agreement shall not be construed as if it had been prepared by only one Party, but rather as if both Parties have prepared the same. 292667 721 59204/5D 06583-002l6-19..Q9/jacldek -18- 14-26 9.8 Severability Ifany term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the nature and purpose of this Agreement. 9.9 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State ofCalifomia. 9.10 No Third Party Beneficiaries. The only Parties to this Agreement are the City and OLC., There are no third party beneficiaries, and this Agreement is not intended, and shall not be construed, to benefit or be enforceable by any other person whatsoever. 9.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), governmental regulations beyond the City's reasonable control, court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control. If any such event shall occur or should delays be caused by Owner failing to submit plans or other documents in a timely manner that causes a delay in the City's processing of the Proposed Entitlements, orrequests further changes or amendments to the Project or Proposed Entitlements, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 9.12 Hold Harmless. OLC shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against any claims, suits, actions or proceedings, 292667 721592.04I8D Q6583-002l6..19-09/jacldck -19- 14-27 judicial or administrative, for writs, orders, injunction or other relief, damages, liability, cost and expense (including without limitation attorneys ' fees) arising out of City's actions in exercising any discretion to this Agreement including, but not limited to, the giving of proper environmental review, the holding of public hearings, the extension of due process rights, except only for those claims, suits, action and/or proceedings arising from the sole negligence or sole willful conduct of the City, its officers or employees in defending against such claims, whether the same proceed to judgment or not. Further, OLC, at its own expense, shal1, upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees pursuant to the terms of the LOA. 9.13 Agreement Executed In Counterparts. This Agreement may be executed in counterparts, an of which shall constitute a single Agreement. 9.14 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors in interest and assigns of the Parties as to any of an of the Property until released by the mutual consent of the Parties. 9.15 Exhibits. An exhibits referred to in this Agreement are attached, and are a part of, this Agreement. [Signatures on Fol1owing Page] 292667 721S92.04/SD 06583-002l6-.19-Q9Ijacldek -20- 14-28 SIGNATURE PAGE: Date: THE CITY OF CHULA VISTA Jim Sandoval, City Manager Date: OTA Y LAND CaMP ANY LLC, a Delaware limited liability company By: HomeFed Corporation Its: Managing Member By: Its: APPROVED AS TO FORM: Bart C. Miesfeld City Attorney ::ODMA\PCDOC5\SD\710978\2 292667 721592.04ISD 06583.4)02l6-19.09ljacldek -21- 14-29 EXHIBITS TO AGREEMENT Exhibit A: The Property (To be provided by OLC) Exhibit B: Proposed Entitlements (To be provided by City) Exhibit C: Depiction of Otay Ranch Village (To be provided by OLe) Exhibit D: Project Schedule (To be provided by City) Exhibit E: Complete Sectional Planning Area Submittal Requirements for the University Land Agreement Projects(Draft being reviewed by OLC and City) 721592.04l$D 065g3-002/6~19-09/jacJdek -22- 14-30 EXHIBIT "A" LEGAL DESCRIPTION THOSE PORTIONS OF LOTS 16, 1718,27 AND 28 OF OTAY RANCHO, IN THE COUNTY OF SAN DIEGO STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, NO. 862 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; FEBRUARY 7,1900 AND AS SHOWN ON RECORD OF SURVEY 16504 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 9, 2000, MORE PARTICULARLY DESCRIBED AS FOLLOWS: OTAY LAND COMPANY PARCEL "B" LOTS 27 AND 28 OF OTAY RANCHO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 7,1900. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER WHICH IS COMMON TO LOTS 23, 24, 27, AND 28 OF SAID OTAY RANCHO; THENCE SOUTH 71'16'00" WEST (RECORD: . SOUTH 72013;00" WEST), A DISTANCE OF 544.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 17"31'00" WEST (RECORD: NORTH 16034'00" WEST), A DISTANCE OF 97.14 FEET; THENCE NORTH 61 '08'00" WEST, A DISTANCE OF 1,225.69 FEET; THENCE SOUTH 28059'39" WEST, A DISTANCE OF 449.11 FEET; THENCE SOUTH 38046'05" EAST, A DISTANCE OF 980.94 FEET; THENCE 74004'00" EAST, A DISTANCE OF 810.00 FEET; THENCE NORTH 15056'00" WEST, A DISTANCE OF 195.88 FEET; THENCE NORTH 17"31'00" WEST, A DISTANCE OF 66.13 FEET, RETURNING TO SAID TRUE POINT OF BEGINNING. . ALSO EXCEPTING THEREFROM THOSE PORTIONS OF SAID LOTS 27 AND 28 CONVEYED BY SAN DIEGO LAND COMPANY TO THE SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY, BY DEED DATED APRIL 11, 1912, AND RECORDED JUNE 24, 1912 IN BOOK 570, PAGE 113 OF DEEDS, RECORDS OF SAN DIEGO COUNTY, THE PARCELS OF LAND SO CONVEYED TO SAID WATER COMPANY BEING THE SOUTH 492.5 FEET OF THE EAST 506 FEET OF LOT 4'OF SAID OTAY RANCHO AND STRIP OF LAND VARYING IN WIDTH FROM 100 FEET TO 50 FEET FOLLOWING THE LINE OF THE RIGHT OF WAY OF THE OTAY-SAN DIEGO PIPE LINE AND THE RIGHT OF WAY OF THE OTAY-CORONADO PIPE LINE, AS DESCRIBED IN SAID DEED AND SHOWN ON THE MAPS WHICH ARE ATTACHED TO AND MADE A PART OF SAID INSTRUMENT, REFERENCE BEING HEREBY MADE TO THE RECORD OF SAID INSTRUMENT FOR A MORE PARTICULAR DESCRIPTION OF SAID PARCELS. 0:\1 6013<i.OO\ExhibiIS\LEGAL\lcg_l 6J-cx-<J.dot: P:lge lof4 14-31 EXHIBIT "A" LEGAL DESCRIPTION ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED AS PARCEL 3 IN AMENDED COMPLAINT IN CONDEMNATION CIVIL NO. 79-0907-N. RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. JANUARY 15.1980 AS DOCUMENT NO. 80-137651. CONTAINING 278.72 ACRES, MORE OR LESS. OTAY LAND COMPANY PARCEL "C" LOTS 16. 17 AND 18 OF OTAY RANCHO, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. FEBRUARY 7. 1900, EXCEPTING THEREFROM THAT PORTION OF SAID LOT 17, CONVEYED BY SAN DIEGO LAND COMPANY TO THE SOUTHERN CALIFORNIA MOUNTAIN WATER COMPANY, BY DEED DATED APRIL 11, 1912, AND RECORDED JUNE 24, 1912 IN BOOK 570. PAGE 113 OF DEEDS. RECORDS OF SAN DIEGO COUNTY, THE PARCELS OF LAND SO CONVEYED TO SAID WATER COMPANY BEING THE SOUTH 492.5 FEET OF THE EAST. 506 FEET OF LOT 4 OF SAID OTAY RANCHO AND STRIPS OF LAND VARYING IN WIDTH FROM 100 FEET TO 50 FEET FOLLOWING THE LINE OF THE RIGHT OF WAY OF THE OTAY-SAN DIEGO PIPE LINE AND THE LINE OF THE RIGHT OF WAY OF THE OTAY-CORONADO PIPE LINE. AS DESCRIBED IN SAID DEED AND SHOWN ON THE MAPS WHICH ARE ATTACHED TO AND MADE A PART OF SAID INSTRUMENT. REFERENCE BEING HEREBY MADE TO THE RECORD OF SAID INSTRUMENT FOR A MORE PARTiCuLAR DESCRIPTION OF SAID PARCELS. ALSO EXCEPTING THEREFROM THAT PORTION OF LOTS 17 AND '18 CONVEYED TO THE STATE OF CALIFORNIA IN DEED RECORDED SEPTEMBER 1, 2005 AS DOCUMENT NO, 2005-0759298 LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED UNE: O:\J 60 I 36.00\Exhibits\LEGAL\lcg_1 Cl3-c..x-ll..doc Pll.ge 2 of4 14-32 EXHIBIT "A" LEGAL DESCRIPTION BEGINNING AT A 2" IRON PIPE WITH DISC STAMPED "R.C.E. 22606" PER RECORD OF SURVEY NO. 16504, RECORDED MARCH 9TH, 2000 IN THE OFFICE OF SAID COUNTY RECORDER, SAID PIPE MARKING THE NORTHEAST CORNER OF LOT 2 3 OF SAID OTAY RANCHO, AND BEARING NORTH 71057'57" EAST 804.798 METERS FROM A 2" IRON PIPE WITH DISC STAMPED "L.S. 5284" MARKING THE SOUTHWEST CORNER OF LOT 10 OF MAP NO. 14432, RECORDED AUGUST 30TH, 2 0 02 IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTH 18040'36" EAST 324.223 METERS TO A POINT HEREIN REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 18040'36" EAST 178.898 METERS TO THE BEGINNING OF A NON-TANGENT 1629.700 METER RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL BEARING TO SAID BEGINNING BEARS NORTH 62020'18" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03046'15" A DISTANCE OF 107.257 METERS; THENCE NON-TANGENT TO SAID CURVE SOUTH 66004'27" WEST 2.000 METERS TO THE BEGINNING OF A NON-TANGENT 1627.700 METER RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL BEARING TO SAID BEGINNING BEARS NORTH 66006'33" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07"22'45" A DISTANCE OF 209.633 METERS; THENCE NON-TANGENT TO SAID CURVE SOUTH 46012'45" EAST 7.041 METERS TO THE BEGINNING OF A NON-TANGENT 1631.200 METER RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL BEARING TO SAID BEGINNING BEARS NORTH 73042'11" EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01037'25" A DISTANCE OF 46.228 METERS; THENCE SOUTH 75019'37" WEST 3.500 METERS TO THE BEGINNING OF A 1627.700 METER RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04031'29" A DISTANCE OF 128.541 METERS; THENCE NON-TANGENT TO SAID CURVE SOUTH 18040'36" EAST 87.291 METERS; THENCE SOUTH 08000'06" EAST 19.092 METERS; THENCE SOUTH 11041'19" EAST 24.481 METERS; THENCE SOUTH 16027'43" EAST 24.874 METERS; THENCE SOUTH 20032'09" EAST 26.118 METERS; THENCE SOUTH 20053'50" EAST 30.314 METERS; THENCE SOUTH 04019'10" WEST 29.530 METERS; THENCE SOUTH 06003'38" 0:\ 160 136.00\Exhi bits\LEGA L \leg-163-cx~a.doc Page 3 of4 14-33 EXHIBIT "An LEGAL DESCRIPTION WEST 77.800 METERS; THENCE SOUTH 05049'22" WEST 22.546 METERS; THENCE NORTH 79053'42" EAST 32.402 METERS; THENCE SOUTH 01031'37" WEST 25.439 METERS; THENCE SOUTH 06034'53" WEST 11.008 METERS; THENCE SOUTH 45000'54" WEST 30.733 METERS; THENCE SOUTH 01 24'21" WEST 77.485 METERS; THENCE SOUTH 11 22'20" WEST 30.117 METERS; THENCE SOUTH 13045'02" WEST 28.527 METERS; THENCE SOUTH 31010'10" WEST 28.222' METERS; THENCE SOUTH 16 38'48" WEST 22.806 METERS; THENCE SOUTH 08 41'59" WEST 25.640 METERS; THENCE SOUTH 17028'45" WEST 27.925 METERS; THENCE SOUTH 25054'42" WEST 26.053 METERS; THENCE SOUTH 01051'20" WEST 90.226 METERS; THENCE SOUTH 12017'55" EAST 34.960 METERS; THENCE SOUTH 03015'57" WEST 31.934 METERS TO THE BEGINNING OF A NON- TANGENT 63.657 METER RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL BEARING TO SAID BEGINNING BEARS SOUTH 77041'34" EAST; THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 76000'21" A DISTANCE OF 84.444 METERS; THENCE NON-TANGENT TO SAID CURVE SOUTH 16012'00" WEST 157.318 METERS TO THE BEGINNING OF A 1561.900 METER RADIUS CURVE CONCAVE EASTERLY; THENCE ALONG THE ARC OF SAID CURVE SOUTHERLY 634.612 METERS THROUGH A CENTRAL ANGLE OF 23016'47" TO A POINT ON THE SOUTH LINE OF LOT 25 OF SAID OTAY RANCHO, SAID POINT BEING THE POINT OF TERMINUS AND BEARING NORTH 71022'55" EAST 2555.510 METERS FROM A 2" IRON PIPE WITH DISC STAMPED "R.C.E. 22606" PER SAID RECORD OF SURVEY, SAID PIPE MARKING THE SOUTHWEST CORNER OF LOT 3 6 OF SAID OTAY RANCHO. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 16 CONVEYED TO THE COUNTY OF SAN DIEGO IN DOCUMENT RECORDED FEBRUARY 28, 2006 AS DOCUMENT NO. 2006-0139662. CONTAINING 373.00 ACRES. MORE OR LESS. DESCRIBED PARCELS CONTAINING A TOTAL OF 651.72 ACRES MORE OR LESS, AS SHOWN ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. L . -I; '/0 of?> . KOEPKE, t. .7841 ATE SE EXPIRES 12/31/2008 PREPARED UNDER THE DIRECTION OF: 0:\160 13G.OO\Exhlbits\LEGAL\Jcg-163-cx.~a.doc Page 4 of 4 14-34 ~ EXHIBIT "Aue ~~ >lc,;;:~ . ~'l'.;.'l'~ LEGEND c::::J SUSJECT PROPERTY EAST H ST. + OLC OTAYLAND COMPANY DESIGNA TED NOTES OTA Y VALLE ROAD ,. ALL BEARINGS SHOfIN ARE PER R.O.S. 15504, RECORDeD J/9/2000, AS RLe NO. 2000-12068.]. IN THE COUNTY OF SAN DIEGO. STA TE OF CALIFORNIA. 8 VICINITY MAP AREA TOTALS NOT TO SCALE OLC PARCEL "S" OLC PARCEL "C" TOTAL TOTAL FEE ARlA = 278.72 ACRESI TOTAL FEE AREA ~ 37J. 00 ACRES: 551.72 ACRES: DESCRIPTION EXCEPTIONS OLC PARCEL "S"ITEMS: 1 SAN DIEGo-OTA Y PIPeLINE RIGHT OF WA Y. AS SHOfIN IN DEED BOOK 937, PAGE 46.]. RECORDED 7/14/1923 J1: DEED SOOK 598, PAGE 54, RECORDED 12/20/1912. 2 SOUTH SAN DIEGO RESERVOIR. PORTION OF LOT 28 &- 27 GRANTED TO THE CITY OF SAN DIEGO IN DEED RECOROm 8/22/1972 UNDER RLE/pAGE NO. 2222572, OFFICIAL RECORDS. 3 SAN DIEGO-CORONADO PIPELINE RIGHT OF WA Y. AS SHOfIN IN DEED SOOK 570. PAGE 11.]. RECOROED 6/24/1912. 4 PARCEL J IN AMENDED COMPLAINT IN CONOEMNATlON CIVIL NO. 79-0907-N, RECORDED IN THE OFl'7CE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. JANUARY 15, 1980 AS DOCUMENT NO. 80-1J7551 OLC PARCEL "C"ITEMS 5 PORTION OF LOT 17, CONVEYED TO THE SOUTHERN CALIFORNIA MOUNTAIN WA TER COMPANY. SY DEED OA TED APRIL 11. 1912, AND RECORDED ./UNE 24, 1912 IN SOOK 570. PAGE 11J OF DEEDS. OFFICIAL RECORDS- 5 PARCEL 32018-1, A PORllON WLOrs 17 J1: 18 OF OTA YRANCHOIN THEClTYOFCHULA I1STA, COUNTYOFSAN DIEGO. GRANTED TO THE STA TE OF CALIFORNIA IN DEED RECOROED 9/1/2005 UNDER Doc. NO. 2005-0759298. 7 PORllON OF LOT 16 CONVEYED TO THE COUNTY OF SAN DIEGO IN DEED RECORDED 2/28/2006 AS DOC. NO. 2006-DIJ9552. ii: '" ..: I /::: ~ "-i ::L ::J - - liE .9- ~ ;e PREPARED BY.' OWNERSHIP EXHIBIT OTAY RANCH, LLC C;:OUNTY OF SAN DIEGO OA TE: 04 10 '2008 DIIG: 16JV EXOn 1 JOB . 15015J.00 DRAfIN BY' DSB SHEET: 1 OF J STANTEC CONSUlTING tNC~ 277 RANCHEROS DRIVE . SUITE 300 $AN fv\ARCOS, CA 92069 760.891.3200 ~~ <:; Stantec 14-35 j J~ ~ '" '"' I '" ~ <<i i!. ~ - ~ '" ~ ~~ ~ 'ili:;;r - ~' '" stante<: EXHIBIT "A" I 29 33 "'" ',', ',,', " . . ',' ...." . . '. '.' . . .: :: :. .: " . \<:\.:.::\::'\: (\....\\....::.:..... ': :'::: ::.:::,":::::: .: . ;""~"gl~"~1.kg~tK\\:, .', . " " " . '. '. . OTAY ':,': :":\': :.:. 31 ',' . '. . " " " :. ',',' ,'. . " " . " ...... -. . '" ',,', S 71'58'J/' W 2641.40' 26 STANTEC CONSUlTING INC. 277 RANCHEROS DRIVE SUITE 300 SAN MARCOS. CA 92069 760.891.3200 OWNERSHIP EXHIBIT LOTS 27 & 28, RANCHO OTAY COUNTY OF SAN DIEGO -~ 14-36 23 RANCHO 21 2. 2L; RAI' OA TF: 04 /0 '2008 011{;: /6JV-EXOTl-/ JOB : 160163.00 1?A BY.' '8 SHEET: 2 OF J j ""-<!l'. . "".Gtt;I. 23 24 RANCHO R.O.5. l? ~ '"' I l::: ~ '-i ,L :;] - i S< ~ ie 25 EXHIBIT "A" N77'57-S7"E: 2640.38' . - " . :"':- ",' .....:. -. .......... '_::',:,::,:,'~\::,,::::',',':"" ',' .:..::::....:..::. . ',..:'. ",,'.', . - . .......:...., . :.:' ....:.....:..:. ..:....:.... ,', .:- ',' -', .)..... :'.:'.. '.":'.: :'.: ..\.:..~:.. ::\ .\::\\\\.:.\:....:\".<? ::....::..:...:::..:.:........:........-.. ....... . . . . . " . . " ',', ...'. . -. ,,', . " ..::.::::....::.,' " ..-........:: : : :. '. " ,,', . . . " .:-.:. ':.:'-' .:':.:', " " . '.', . . " " . . . '. . " . ", . . " . :-.: ....:...:... ,','.. : :':'.::'::',.:::.-.-,.-. .: . . . . . . . , ~UN1\~~0~\ , <i; . :".:::":"OLC 'PARCEL.. '''C'.'.::> '" (V\\)."\.,;{::.,::~.::::.:.>?}..\W\.> ~ , . '. . '. .17 . . '. . '. . ~\0~~~!>~500~\, :; \'\\\</';:.':,.\.:.::<::\.(A<>> ~ 13 14 OrAY 16504 -==- -====.::,= r~ ~' ~"\ ~16 ~ Nh"'Z> . ~ 2641.80' 15 STANTEC CONSUlTING INC. 277 RANCHEROS DRIVE SUITE 300 SAN MARCOS, CA 92069 760.891.3200 OWNERSHIP EXHIBIT LOTS 16, 17,18, RANCHO OTAY COUNTY OF SAN DIEGO <:> Stantec _K.::<:rIl 14-37 DATE': 04 10 '2008 Om:;:- 163'1' E:XOTl .7 JOB : 16076J.00 DRAWN yo S8 SHEET: J OF J Exhibit B Proposed Entitlements 1. General Plan Amendment (GP A) 2. General Development Plan Amendment (GDP A) 3. Sectional Planning Area (SPA) Plan for Village Eight West 4. Sectional Planning Area (SPA) Plan for Village Nine 5. Tentative Maps 6. Environmental Impact Report for the GP NGDP A Applications 7. Environmental Impact Report for the Village Eight West SPA Plan and Tentative Map(s) 8. Environmental Impact Report for the Village Nine SPA Plan and Tentative Map(s) 14-38 EXHIBIT "C" ~ It~P!~!ii"'~lj~ / r"'~:t''''_~'1~_~'~-' ";:\ - ,':_c~>r-:;;;...t~;"'C!,,~,,..c: "~'''~h,!~~~''''J Il~~~~j5~~'1-~~~~1!:':: f~.~~'i;~;t~~~~~~';:if;~~,:'~'1{~i~'t:~:r?lk~~?;!' ~..';". ~ _;.~. ,?i";?/'".v..,.....5.~,t-.i{.,J:.,.:~_. ",..::'.:.::...- _'~'i ."...,~ -':\\\~'c~.~' (':;tf~~~~~::.~:-.~.:'~': ~J:'o: ;;<~;.'~~~j~?~JJ -, L t\" ~iJ ,.- '~" .-.;'''''~''w>." I '\""~;:;: ~~,,~#(y,. '. / -:/, ('~::~~L~1t';: ; ~-Ir 1".- ,. .( "'~........ ....~ ,P f.P' '}~~'~.::0~;'~ ~.~~~~;(' PARCEL B AREA I LAND I I USE/DISTRICT GROSS ACRES OU GROSS DUlAC ~.... -.1 \. _'}f'iI TC I 27.78 305 1 11.0 'ii;J...)i~'r2f~'1f\~ MUlTO 1 71.91 487 5.8 1 M I 37.61 180 10.1 4 I LM 135.96 627 4.5 /::~"""f;Si..JS...~.:r,;;~ RESERVOIR I 21.26 0 0.' t"'i, 6 . -- 05 I 25.40 0 0.0 , .' I TOTALS I JlS.92 1800 OTAYLAND COMPANY PARCEL "8" LAND USE PLAN j ? . _ G~A?HI~ SCALE '==- IlMt'I:CT) .. f , l ~ ; ! i i , 1 , , H " ,,':I: " ..i f.i H t; I I \ \ '3 ----- U"-'" 4 '!ftlJ'I; . ~;}!j f~~ ~ ";'" : :6"~'::.;' .... ~ ~ ; }):~~f~" ".~?J' ...~ t'" ';":~. ~.~ . .~. .f: ~...;" ... .~. '_.~.... 14-39 .: ._'$~.;=: 'le- .. <f..... i~ ~ '......~,~....:L.:..... @ @" :ro.'..: <-:-,S" . ,. ._";1.'R; '.::::-':..-. 10' '!;. c. "tfJ PARK SCHOOL CONMUNITY USE TRANSIT STOP ~ Starrtec m~lofttI>e<tISOt.s..300 S;M_-='CA'I:me;, f':.\lSOlIl91.:uD!l F;(1lil1lll!J,,320\ -- DATE; ()4,o1108 EXHIBIT "C" I \~~~i.s:~~-\:, ~ \ II II ~ \"'" }..,tt" ~~..".,.... \ \ .'~j~..l.: ~~~~? ~ ~~~~~~ \ ~ .'- . ........ ~;~,;:.:~ I""~:>Z};' . ... . . ..... ':.," f!"~.::r,...._~..._fi,;;,.'~:.:..', ;1"1; ":~~:'~:I:..~.....~J~": :.<i~-,\': 4; '.:;/:~'-:':~ l:rr;~-z.~i~ hfiq.,~.,...-"....t# :-.1':" ',-:"-..~;:.' ::fl~'ob":-~"'''''''''''' ....~~ "'\'(3.' ~ "'1'.. ,-:;..._..... ~'. ..~...._j.~';'-~;..-.... :"~:".."--" '~..""~ ':."~; .... .-.....:_' 1. ~ - (Jl \\ - . -.. ~ !.-.. ,:.:>. ::.~~-~.~~: ~\ ~~.~,:{~,..;;';:: .".,:;:..'5~~~A:~.4:.l/~:;:.::J'i;~~ i.".,""" ,~I' \\ : ..~... ". .'~' ". .. -:,D~.. ...'...n I....... _ ',' . .:/..... ,.-:....._f~' -- ',c. - ~~ . .. _...... i""'~' a .. ~ .'.~~~~'- _......;.."'".....~;..<: -.'i~, . :'..~c.~';'''~ ... .0 " " "_ ~:. fr" ..... ~~ jl>,'.." ...~..- ".'~~'~~: I...<;,t:~.,.l,r..-' .-:f::=."":.~~-..."'~:'''''~....:.,.",. '::.."~,,,.,...,'~.'~. ~ .'>.;c.~'. I - . , _"7~ ',;'" ':'-:"'c"'{)"''''~'''':' \" < "'.., .. ''f[j'''' . .. .. .' . .' ..' .. ,;!;>:;.:~.jl \.: ".~~ i:<:'}E;.' ~\;. :--::ii. >; ..~. ~ r~ -{?' , ,~: ~'J" 5' ~ ~ !1r~.' . ~~~~-. .f,I.!:,,:...~,:.~~/,.._~~..:.....,"...~.~...".%_~.:.. .,;.~;~~~.:;\}:.~~~;~~'~;.~~~:.~<..~ ~.Ii~~::.}i~~f~.; ..'~:~:~.: . ..~ '_ ~:\ ....R; '">O.,,'ii!,..,-..- ..-- {":'1} .....~~~,~';!'''\.. '. ir, l"~"~l\"! f<~;y.:::_ ~;i-. :,~~~C'..:;i~~:~:{ f:~it>~J!:' C-.::2~;~...:;:>'\~<' f\~t(:~::. ~~~)~ OTA Y LAND COMPANY PARCEL "C" LAND USE PLAN ......... ---- ---- CRAPHIC SCALE ~ -~ - <<lie nET I 3 ~ , l ! .----- I PARK $CHO()(. COMMUN/TYUSE TRANSIT STOP 4 . (1M Vf!t:; / . 5 -- -- -- , -- .-- r ! !', ij H " 1: l' if fi. H ;~ ~~ a j;; ~~ ri ,i ~: i: iF PARCEL C lAND USE/OISTRICr ~. ~.i.!1F'':Zi;" EUC 59.30 1375 s..',":~""2. ,---..:.:;-~-: TC 94.82 1874 :J MH 31.13 449 <I M 24.42 269 5 LM 52.21 283 h~;J6kk.~ UN/V s<ua (1) a TOTALS 3T6.58 4250 (1) So.NET ACRES (EXCLUDINGAD./ACENT STREET RIGHTS-OF.WA y) ARb! GROSS ACRES DU GROSS DUlAC 23.2 19.8 14.4 11.0 5.4 a.a .~ C:7,~..- . c .-~ n. ~ ~ tT1~D'_.suo.JiXI S>nu..<=.C\!l2llli9 !>;jlti01I1!11.J200 F:(7Wl!l!ll-J<'lJl -- DATE: I)4IQllOS 14-40 , 'D 1 o Til~k Name GPNGOPA Exhibit D - Project Schedule M~ M.5 M-4 M.3 M-2 M-1 M1 M2 MJ M4 M5 M6 M7 M8 M9 M10 M11 M12 M13 M14 M15 M16 M17 M18 M19 M20 M21 M22 M23 M24 ......_-....--..-...-..--... ..--.-................... ...-.....-.-...........-.-...-.-...-.-.-...-.-.-.-.-.-.-..".-.-.".-.-.-.-.-0"."."--...".-."0"...-."."0"'". ...-..............--....--.---.-----..----....--.--. 2 g- MaslerTraffic S1ilay--- ---- - ------ !3' I OIh"'.o;o'.,;' 5'"",- "!iB-' 'GFi;A]GopA:-E1R"-." ___...n._____._____...__._"._..._ ';- ,;,b ~ .';'-". >..:~;~::t' J I,:,',', ':',',',' ,~, co:, "~"~co ',:","" ,1 , , , , , , , , , 5 !2B CertIfy GPftJGifpP'-EJI:~ 6 ffiB GP.AJGQPACoul\cUHealing 7 .l!H SPA App~c.aUon Deemed Complete (AU per PA 4.2) 8 IEB - SPA Review atJd Proce"ssng 9 .IEB - SPA Level TraffIC Sludy ~ .p. 10 {Eg [Other SPA Lellel Technlc8} Studies I .p. ~ 11 !EiI rPFFPPreparatJon I 12 -~-TTentalive Map Submittal (All) I I"""""""""""""""':':""""':"""'"":':':':""':""""""''1 ' , I , I I I '" , , , I I , , I I I , I , '" , , , I , ,6 , , , ... , , , , . 1-- .: . . : . . : . :' .: . . , . "i .. , .. .~ . . :. . . , . . . . .'. . .'. . .'. . .'. . .1 ..................................................................................:........... ----.-..-.....-..I.-----r----.----.,...,..:..-;'.'-.-;'- ~8'"'~7"'1 I,',',:,',"~"'~':"'\,"',;,"',:,',',I , , , !""'?"~""'~""',""","':":1 : : : ; : : .. , I I I I " , i:;::;:::;:;:::;:~::;:M 13 -ma iM Review i.'ridProce-ssln,i 14 -mB- SPA EIR' 15 L""":,:"",:,:""",:"""""""",,,,"',j , , : ' i:::':::j 1"""""'1 15 "!EB--jFil'iafooc:uments 1 lirj O~"R.",w IEB I ErR Public Review & Hearings -- AdoptiOn of Entitlemenis (FEIR, SPA, TM) I. --.-., -----.-- . . . 17 18 ElIhlbit o.Project Schedule Page 1 Task 1::::::::::::::::::1 Progross MUeslone . Summery ~ ProJcr::ISummal)' .... -y .., ExtflrnelToliks mRlI'fi~fflliiID*Il External Mileslone . DliIadllne -!} Split Naill: A morlllipecirlC proJIlCI scher!llle will be used to manage Ihh; pro/cello complllUon. Many Umeftames ere dependant (In spllr:;inc submlt\clts and are not referenced In this generalIzed schedule. Exhibit E Complete Sectional Planning Area Application Submittal Requirements for the University Land Offer Agreement Projects This list represents the specific materials needed to determine the application complete per Section 4.2 of this Agreement and commence the "LOA 24-month Processing Period". Future submittals (i.e. technical studies for the Environmental Impact Report (EIR), draft EIRs, Tentative Maps, etc.) must be submitted in accordance with Exhibit X (PToj ect Schedule) to meet the schedule. A. Draft Sectional Planning Area Plan that Includes: 1. Completed Application and Fees Agreed to in This Agreement for SPA Plan 2. Draft SPA Plan D Introduction section describing background, document structure, local and regional setting, community structure, legal significance, consistency with the Olay Ranch GDP and a discussion of related documents. D Development Concept section that includes a Site Utilization Plan and discussions of design influences, surrounding land uses and any administrative details. D Circulation section describing the regional circulation network, the project circulation network, street standards (plan and sectional views), traffic calming elements, transit planning principles, bicycle and pedestrian circulation. D Grading section that includes a discussion of grading requirements and the grading concept for this development. D Parks, Recreation, Open Space and Trails Master Plan section that details the regulatory framework, parks requirements, the project's park and recreation program, any contributions to the Otay Ranch Open Space, ownership and maintenance options and phasing of parks. D Community Purpose Facility Master Plan that includes a discussion of the regulatory framework and identification of implementation of those requirements. D Development phasing map and table. D Public Facilities section that identifies supply and demand for water, sewer, storm drains and urban runoff, roads, schools, child care facilities, emergency services (including police and fire), library services, parks, recreation, open space, trails facilities, civic facilities, animal control facilities and regional facilities. D General Development Plan Compliance section that describes this SPA Plans compliance with the Otay Ranch General Development Plan 3. Draft Planned Community (PC) District Regulations D Administrative section detailing specific definitions, conflicting ordinances and establishing zoning districts. D Zoning Districts Map detailing the zoning districts within the SPA area. Page 1 on 14-42 o Residential District Standards section that includes intent, permitted and conditional uses and development standards (these may vary with the use of form based codes). o Mixed Use District Standards section that includes intent, permitted and conditional uses, sign regulations, property development standards, parking, outdoor storage and landscape (these may vary with the use of form based codes). o Open Space and Parks District section that includes permitted and conditional uses and property development standards. o Community Purpose Facility District section that includes intent, permitted and conditional uses, sign regulations and property development standards. o Parking Regulations section that includes general provisions, a schedule of off- street parking requirements, property development standards and design standards for screening, landscaping, lighting and setbacks. o Comprehensive Sign Regulations section that includes sign permit requirements and review procedures, permitted and prohibited signage and sign regulations for each district. o Special Use section that includes regulations related to temporary uses, home occupations and private recreation facilities at a minimum. o Administrative Procedures section that details the procedures and the review authority of the Zoning Administrator, the Development Review Board, Planning Commission and City Council. This section should also discuss the appeals procedures for all permit types included in this SPA Plan. o A section on any proposed Exceptions or Modifications, if necessary. o A section on Enforcement that includes a discussion of enforcement by city officials, actions deemed a nuisance, remedies and penalties. 4. Draft Village Design Plan o Introduction that describes the design plan and discussed the design review process. o Village Structure section that identifies the village identity and character, villages physical relationship to surrounding villages, village entries and identity, streetscape design, non-vehicular circulation, village park concepts, wall and fence concepts, lighting concepts and village design features. o Design guidelines for each land use type (i.e. Single-Family Residential, Multi- Family Residential, Mixed Use, etc.). 5. Draft Public Facilities Financing Plan with Fiscal Impact Analysis (CYMC 19.09.060) (First draft shall be submitted pursuant to Exhibit D - Project Schedule) o Section delineated in SPA Plan with organizational placeholders. 6. Draft Affordable Housing Program o Introduction section that describes purpose and content of the section and a needs assessment. Page.2 of 3 14-43 o Affordable Housing Obligation, Location, Phasing, Design and Unit Mix discussion. o Affordable Housing Restrictions section. o Subsidies, Incentives and Financing Mechanisms section. o Compliance Reporting section. o Affirmative Marketing Plan o Implementing Agreements and Conditions 7. Draft Air Quality Improvement Plan (AQIP) (First draft shaH be submitted pursuant to Exhibit D - Project Schedule) o Section delineated in SPA Plan with organizational placeholders. 8. Draft Water Conservation Plan o The draft Water Conservation Plan should include an introduction and purpose, an analysis of water service and supply, a discussion of mandated water conservation requirements, and estimate of water conservation savings, a detailed discussion of implementation measures specific to the project and a monitoring section. 9. Draft Non-Renewable Energy Conservation Plan o The draft Non-Renewable Energy Conservation Plan shall include an introduction to the proj ect and the requirements and a discussion of the methods utilized to bring the project into conformance with those requirements. 10. Draft Fire Protection Plan (FPP) o The FPP shall include mitigation measures consistent with the unique problems resulting from the location, topography, geology, flammable vegetation and climate of the proposed site. o The FPP shall address water supply, access, building ignition and fire resistance, fire protection systems and equipment, defensible space and vegetation management. o The FPP shall be consistent with the Interface Code, or, at the option of the Fire Chief, with other national recognized standards and good practice. B. Environmental Impact Report (EIR) Application Page 3 of3 14-44 LEGAL SERVICES AGREEMENT THIS AGREEMENT is entered into this day of June _' 2009, by and between the CITY OF CHULA VISTA, (hereinafter the "CITY"), OTAY LAND COMPANY LLC, and JPB DEVELOPMENT COMPANY, LLC (collectively "Developers") and NORTON, MOORE, ADAMS, LLP (hereinafter "ATTORNEYS"). RECITALS The following recitals are a substantive part of this Agreement: 1. ATTORNEYS represent they are qualified by virtue of experience, training, education and expertise to accomplish the services necessary under this Agreement. AGREEMENT FOR VALUABLE CONSIDERATION, the parties mutually agree as follows: 1. Term of Aqreement. This Agreement shall cover services rendered from the above-referenced effective date of this Agreement until July 1, 2010. This Agreement may be renewed upon the mutual written agreement of the CITY, DEVELOPERS and the ATTORNEYS. In the event the ATTORNEYS have been retained by the CITY and the matter is pending when the term of this Agreement expires, the CITY, DEVELOPERS and ATTORNEYS agree that the terms of this Agreement in paragraphs two through twenty- four will govern the parties until the ATTORNEYS' representation of the CITY in the pending matter is concluded. 2. Services to be Provided. The services to be performed by ATTORNEYS, which includes ATTORNEY'S Affiliates and/or Subcontractors (collectively referred to herein as "ATTORNEYS") shall consist of any and all tasks reasonably required to advise, assist and fully represent the CITY in connection with the processing of all entitlements and environmental work for the University Villages/University and Regional Technology Park Project ("Project"). 3. Compensation - ATTORNEYS shall be compensated as follows: 3.1 Amount. DEVELOPERS shall compensate ATTORNEYS for all services rendered by ATTORNEYS without regard to the conclusions reached by the ATTORNEYS at the following hourly rates: Partners: Affiliates: $340.00/hr. (Ann Y. Moore) $340.00/hr. (James Fox) University Villages/University and Regional Technology Park Legal Services Agreement 1 14-45 CITY is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same from DEVELOPERS. DEVELOPERS shall not make any payments of compensation or otherwise directly to the ATTORNEYS. Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as defined below, such hourly compensation shall be the sole and total remuneration for services rendered pursuant to this Agreement. 3.2 Billing. ATTORNEYS agree to provide detailed invoicing of all billing for services to CITY on a monthly basis. Monthly invoices shall begin on the first of the month following the execution of the Agreement herein. All charges must be itemized by ATTORNEYS, showing in detail the work task performed during the billing entry. All charges must be presented in a line item format and in a manner such that each task is separately explained in reasonable detail, and with a specific time allocation recorded, for each task. The invoice shall include the amount, billing rate and basis for calculation of all fees and costs. The CITY will not accept, and will not be responsible for block or cumulative invoice entries. ATTORNEYS shall not charge the CITY for more than one ATTORNEY'S time when appearing at a meeting, in Court, or for performing any task unless the CITY has expressly authorized the use of two or more ATTORNEYS for the appearance or task. following: All billing for work performed under this Agreement shall be sent to the Bart Miesfeld City Attorney City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5037 3.3 Reimbursements for Expenses. ATTORNEYS shall keep accurate records of all costs, travel and expenses. These records shall be made available to the CITY upon reasonable request. The CITY will reimburse actual, reasonable and necessary out of pocket expenses incurred by ATTORNEYS in performing any services under this Agreement as follows: a. Photocopying charges at no more than $0.15 per page. Color copying charges at no more than $.75 per copy (8-1/2 x 11) and $1.25 per copy (11 x 17). University Villages/University and Regional Technology Park Legal Services Agreement 14'246 b. Computerized legal research at the actual amount charged to ATTORNEYS. c. Parking Fees at the actual amount charged to ATTORNEYS. d. Travel/Mileage at the rate of $.45 per mile. Any travel fees incurred outside of San Diego County must be authorized and approved in advance by the CITY. e. Statutory Fees, Witness fees, Reporters fees, Stenographic transcription, jury fees and the cost of serving process actually incurred by ATTORNEYS. f. ATTORNEYS may seek reimbursement for any actual, reasonable and necessary expenses incurred on items not identified above with the prior authorization and approval by the CITY. The CITY will not reimburse ATTORNEYS for any additional charges incurred due to "rush" deliveries or "late" charges, unless such expenses are approved in advance by the CITY and the need for such services is determined by the CITY to be reasonably beyond the control of ATTORNEYS. To obtain reimbursement, ATTORNEYS shall submit a monthly summary of expenses, along with all supporting receipts, within thirty (30) days after the end of the month in which the expense was incurred, as part of the monthly invoices referenced in Section 3.2, above. 3.4 Compensation Schedule and Deposit: Terms and Conditions. 3.4.1 Time and Materials For performance of the services of ATTORNEYS as herein required, DEVELOPERS shall pay ATTORNEYS, through CITY, for the productive hours of time and material spent by ATTORNEYS in the performance of said services, at the rates or amounts set forth above according to the following terms and conditions: 3.4.1.1 At such time as ATTORNEYS shall have incurred time and materials equal to ("Authorization Limit"), ATTORNEYS shall not be entitled to any additional compensation without further authorization issued in writing and approved by CITY and DEVELOPERS. Nothing herein shall preclude ATTORNEYS from providing additional services at ATTORNEYS own cost and expense. 3.4.2 Deposit Amount: DEVELOPERS shall maintain a Deposit with CITY on a monthly basis in the amount of $50,000. University Villages/University and Regional Technology Park Legal Services Agreement 3 14-47 3.4.3 Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of DEVELOPERS to pay ATTORNEYS, upon City's receipt of billing by ATTORNEYS, and determination by CITY in good faith that ATTORNEYS billing is proper, a judgment for which DEVELOPERS agree to hold CITY harmless and waive any claim against CITY, CITY shall pay ATTORNEYS billing from the amount of the Deposit. If DEVELOPERS shall protest the propriety of a billing to CITY in advance of payment, CITY shall consider DEVELOPERS protest and any evidence submitted prior to the due date for the payment of said bill by DEVELOPERS in making its good faith determination of propriety. 3.4.4 Allocation of Costs between DEVELOPERS. In accordance with the Project Processing Agreement ("Processing Agreement") OTAY LAND COMPANY LLC agrees to pay 45% of the Project processing costs and JPB DEVELOPMENT COMPANY, LLC agrees to pay 55% of the Project processing costs. 3.4.5 Cost Share Reimbursement between DEVELOPERS. The Cost Share Reimbursement and Cost Share Reimbursement Dispute Waiver provisions of the Processing Agreement are incorporated herein as set forth in full without limitation to specific entitlements and shall pertain to the entirety of the Project. 3.5 Expert Consultations and Witnesses. Expert consultations and witnesses, and any investigators, may be retained on terms acceptable to the CITY, authorized and approved in advance, for which the CITY shall reimburse the ATTORNEYS or pay investigators, consultants or experts directly. In no event shall ATTORNEYS retain any service of any expert, investigator or consultant without first receiving express authorization and approval from the CITY. 4. Insurance. 4.1 Professional Errors and Omissions Insurance. ATTORNEYS shall obtain and maintain in full force and effect at all times Professional Errors and Omissions Liability Insurance. Such insurance shall provide coverage in an amount not less than one million dollars ($1,000,000.00) per occurrence and three million dollars ($3,000,000.00) aggregate. 5. City Aqent. Bart Miesfeld, City Attorney, or his designee, for the purposes of this Agreement, is the Agent for the CITY. Whenever authorization or approval is required, ATTORNEYS understand that the City Attorney has the authority to provide the University Villages/University and Regional Technology Park Legal Services Agreement 14-48 4 authorization or approval. 6. Independent Contractor. ATTORNEYS, and anyone employed by ATTORNEYS, are not and shall not be, deemed employees of the CITY. ATTORNEYS are solely responsible for the payment of employment taxes, workers compensation taxes, and any other taxes for employees. 7. Conflict of Interest. ATTORNEYS represent that they presently have no material financial interest other than that which may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf of the CITY which may be affected by the services to be performed by ATTORNEYS under this Agreement. ATTORNEYS further agree that no person having any such interest shall be employed by them. If ATTORNEYS, or their employees, acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the CITY and the interested individual shall abstain from any contracts or decisions under this Agreement. The CITY may be a creditor, party or have some other interest in a case or proceeding where the ATTORNEYS have been retained by another party. In the event a conflict or potential conflict arises between a client of the ATTORNEYS and the CITY, ATTORNEYS shall immediately disclose the conflict or potential conflict in writing and ATTORNEYS will not take any action adverse to the CITY without a resolution to the conflict or potential conflict agreed among the CITY, the other client and ATTORNEYS. 8. Non-Liability of Officials/Emplovees of the CITY. No official or employee of the CITY shall be personally liable for any default or liability under this Agreement. 9. Compliance with Law. ATTORNEYS shall comply with all applicable laws, ordinances, codes and regulations of the Federal, State and local governments. In addition, ATTORNEYS agree to abide by all ethical and moral standards as represented by the Rules of Professional Conduct as applied to the California State Bar. 10. Work Product. All documents, or other information developed or received, by ATTORNEYS shall be the property of the ATTORNEYS. ATTORNEYS shall provide the CITY with usable copies of items upon reasonable demand or upon termination of this Agreement. 11. Notices. University Villages/University and Regional Technology Park Legal Services Agreement 5 14-49 All notices shall be personally delivered or mailed, via first class mail, to the below listed address. In addition, such addresses shall be used for delivery for service of process. ATTORNEYS agree to notify the CITY within ten (10) days of the date of any change of address and agrees to keep an updated address with the applicable Courts on any matters that ATTORNEYS are representing the CITY. a. Address of ATTORNEYS is as follows: Norton, Moore, Adams, LLP Attn: Ann Y. Moore, Esq. 525 "B" Street, Suite 1500 San Diego, California 92101 b. Address of CITY is as follows: Bart Miesfeld City Attorney City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 c. Addresses of DEVELOPERS are as follows: Otay Land Company, LLC Attn: Curt R. Noland 1903 Wright Place, Suite 220 Carlsbad, California 92008 JPB Development Company, LLC Attn. Rob Cameron 610 West Ash Street, Suite 1500 San Diego, California 92101 12. DefaultfTermination of Aqreement. CITY, DEVELOPERS and ATTORNEYS shall have the right to terminate this Agreement without cause by giving fifteen (15) days written notice. However, ATTORNEYS shall not substitute out as Attorneys of record on any matters it may be representing the CITY without first obtaining written consent from the CITY, or first obtaining an appropriate Court Order, allowing ATTORNEYS to withdraw as counsel of record. 13. Limitations Upon AssiqnmenUSubcontractinq. ATTORNEYS agrees that no portion of their performance or services rendered under this Agreement shall be assigned by ATTORNEYS or subcontracted to any other University ViI/ages/University and Regional Technology Park Legal Services Agreement 146'50 without prior written authorization and approval by the CITY. 14. Non-Discrimination. ATTORNEYS covenant there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement. 15. Time of Essence. Time is of the essence in the performance of this Agreement. 16. Authoritv to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement as herein stated. 17. Attornevs' Proposal. This Agreement shall include ATTORNEYS proposal or bid, if any, which is incorporated herein. In the event of any inconsistencies between the terms of the proposal and this Agreement, this Agreement shall govern. 18. Entire Aqreement. This Agreement represents the parties' final and mutual understanding. This Agreement supersedes any previous Agreements, oral or written. 19. Modification. This Agreement shall not be modified or replaced except by another signed, written Agreement, properly executed by the parties. 20. Waiver. The waiver of any breach or any provision of this Agreement does not waive any other breach of that term, or any other term, in this Agreement. 21. Partiallnvaliditv. If any part of this Agreement is found for any reason to be unenforceable, all other parts nonetheless shall remain in force. 22. Governinq Law. University Villages/University and Regional Technology Park Legal Services Agreement 7 14-51 This Agreement shall be interpreted and construed in accordance with the laws of the State of California. Any action commenced regarding this Agreement shall be filed in the Central Branch of the San Diego Superior Court. 23. Interpretation. This Agreement was prepared by both parties with the advice of legal counsel. 24. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the CITY, DEVELOPERS and ATTORNEYS survive the termination of this Agreement. [Remainder of page intentionally left blank] University Vii/ages/University and Regional Technology Park Legal Services Agreement 14"852 'IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. APPROVED: CITY OF'CHULA VISTA By: Bart C. Miesfeld, City Attorney ATTEST: By: Donna Norris, City Clerk APPROVED: NORTON, MOORE, ADAMS, LLP By: Ann Y. Moore, Senior Partner APPROVED: OTAY LAND COMPANY, LLC a Delaware Limited Liability Company By: Paul J. Borden, President APPROVED: JPB DEVELOPMENT COMPANY, LLC By: Robert B. Cameron, Vice President Approved as to Form: Bart C. Miesfeld, City Attorney University Villages/University and Regional Technology Park Legal Services Agreement 9 14-53 I~ 17Lj Page I of I Leticia Lazo From: grandpajim94@sbcglobal.net Sent: Tuesday, June 23, 2009 1 53 PM To: CityClerk Subject: Contact Form - Public Inquiry City of Chula Vista City Clerk ~\(?- ~ -~-- ---- ~ 0lY OF CHULA VISTA THE FOLLOWING PUBLIC INQUIRY HAS BEEN RECEIVED From Jim Peterson Email ~randpaiim94@sbcgloba1.net Message Re item 17 A on your 6/23 agenda I )Crossroads II surveyed its members several years ago. 74% said they do not want a chargers stadium anywhere in CV 2) Sports stadiums have many adverse impacts: a. Tremendous disruption of traffic patterns b Drunken and disruptive behavior in the parking lots and inside the stadium. c. Empty bldg for long periods attracts vandalism, graffitti and maybe illegian aliens 3) Thousands of CV residents have spent millions of dollars to buy a home to enjoy the quiet suburban way of life in CV. A football stadium is inconsistent with a suburban way of life. 4) A stadium on our bay front would adversely affect the favorable development of our bayfront 5) Most objective, professional analyses of sports stadiums reveal that most do not yield a surplus of revenues over total costs to the host city. SO...DO EVERYONE A FAVOR AND RETIRE THE STADIUM COMMITTEE. THANK YOU FOR YOUR ATTENTION 6/23/2009 /+eM (7 A ~y?- ~ ~~..........--..;:; .......~~~ ~~~- CllY OF CHUlA VISfA REPORT San Diego Chargers Relocation Subcommittee Meeting of June 8, 2009 CONTENTS 1. History 2. Agenda from June 8 Subcommittee Meeting 3. Minutes from June 8 Subcommittee Meeting 4. Power Point Presentation by City Manager Jim Sandoval 5. Power Point Presentation by Assistant City Manager Scott Tulloch and Director of Conservation & Environmental Services Michael Meacham HISTORY May 9, 2006: Chula Vista City Council authorizes meetings between Mayor Stephen Padilla, Councilmember John McCann and the San Diego Chargers. May 31, 2006 and July 27, 2006: Preliminary meetings take place with Dean Spanos and Mark Fabiani of the San Diego Chargers to explore various potential alternatives to keep the Chargers in San Diego region, including potential sites in Chula Vista. August 1, 2006: Council authorizes continued limited discussions with the Chargers. December 19, 2006: Chargers Relocation Subcommittee to include City Attorney, Planning Director, Mayor Cheryl Cox and Councilmember John McCann approved by City Council. January 23, 2007: Resolution of the City Council waiving the formal bidding process, approving an agreement with Cooper Robertson and Partners and the San Diego Chargers for the evaluation of potential stadium sites within Chula Vista and authorizing Mayor to sign the agreement. September 18, 2007: Stadium consultant Cooper Robertson and Partners completes a site feasibility report on behalf of City of Chula Vista, at no cost to taxpayers. Council accepts the report. January 22, 2008: Council adopts a resolution supporting keeping the San Diego Chargers in San Diego County. January 6, 2009: Council reinstates the San Diego Chargers Relocation Subcommittee with Councilmembers John McCann and Steve Castaneda serving. June 8, 2009: Meeting of the San Diego Chargers Relocation Subcommittee at 6pm in Council Chambers. ~ ~ ft.- ~ ~~~~ - ~~- CllY OF CHUIA VISTA AGENDA San Diego Chargers Stadium Subcommittee Chula Vista, California Monday, June 8, 2009 6:00 pm Council Chambers 276 Fourth Avenue COMMITTEE MEMBERS: Chair: Deputy Mayor John McCann Council member Steve Castaneda CALL MEETING TO ORDER AGENDA ITEMS Th~ items listed in this section of the agenda will be considered 1l1di\'lcluallr by the commiltee Illl.:mhers, :lIld afC cxpcCI'ed f() elicH' discussion and clclibcratlol1. I f ~'Oll wish to speak on :lny Item, pkase fill (JUt. a "Rcllucst [0 Speak" fonn :1ncl subrnit it. 1. Bayfront StaJiun1 B:lckground & Current Stal"lls, Prcscnrafion by City f'vlJn:\gcr Jim Sandoval 2. San Dj(:go Ch:lrgers PL:!:specllve, H.cm:1t:ks from !'-'lark Fahi:llll, San Diego Chargers 3. Strateg)' for moving forward 011 Chub Vista Ba)'front Sile o Sr:ltlls of South Lby Power Plant, prcscnt:H,ion b;' !\sslstanr City l\bnagcr SC()tt Tulluch & rdicl1J.cl ~\'IC:lcham, DIrector of Conservation & Ennron111ellt:d Services PUBLIC COMMENTS Per~on~ speak1l1g dUring Public C0111l11elltS n1a1' address the Sllbco1l1mirrce on any subject wlthin the Subcommittee's jurisdiction th:1t is not listed as an Hem on rhc agenda. St:lte Law generally prohibits the Subcomll1Ittec [ronl rak1l1g :lction on any Issue not 1l1c1l.lckcl on the Jgcndll, but Jt~ appropriate, the Sl.lbclll11tnittec I11:1V schedule the topic Eur future di~cllsslnn or refel: the l11atter fO Sf:l rr. CnmllletHs arc litnin:d to three ll1inutes. CLOSING COMMENTS BY COMMITTEE MEMBERS ADJOURNMENT to the next Meeting of the San Diego Chargers Stadium Subcommittee IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA) The City ofChula Vista requests individuals who require special accoll1l11odatiuns to access, attcnd, and/or participate in a City mecting, activity: or service, cont<1ct Brian Pepin with the Office or Deputy Mayor John McCanll at (619) 585-5713 at least forty-eight hours in advance of the meeting. ~J~ ~ . , ".;,,-. ,. ~~ ~~~~ CllY OF CHUlA VISTA MINUTES San Diego Chargers Stadium Subcommittee Chula Vista, California Monday, June 8, 2009 6:00 pm Council Chambers 276 Fourth Avenue A meeting of the Chargers Subcommittee of the Chula Vista City Council was called to order at 6.00pm in the Council Chambers, located at 276 Fourth Avenue, Chula Vista, California. ROLL CALL. PRESENT" Councilmembers: Chair: Deputy Mayor John McCann Councilmember Steve Castaneda ABSENT: Councilmembers: None ALSO PRESENT: City Manager Jim Sandoval, Assistant City Manager Scott Tulloch, Director of Conservation & Environmental Services Michael Meacham AGENDA ITEMS 1, Deputy Mayor McCann introduced City Manager Jim Sandoval. City Manager Jim Sandoval gave a presentation on the history of the Chargers stadium process in Chula Vista. He explained that there are two sites the city is currently considering; the bayfront site where the South Bay Power Plant currently stands, and the Otay site in eastern Chula Vista. He specified that the City is not looking at the Gaylord hotel site. He also made clear that whatever site the City were to pursue, it would be voted on by the people of Chula Vista. He also specified that no General Fund money would go to subsidize the stadium. Mr. Sandoval explained that in previous Council discussions it was agreed that the stadium process shou ld: 1 Include Extensive Public Input 2. Have Extensive Public Review of its Design 3. Not Involve Existing City of Chula Vista General Fund Monies (new monies generated by the project may possibly be used as an incentive) .4. Not Create Either Short or Long-Term Fiscal Deficits to the City 5. Identify Environmental Impacts and Provide Appropriate Mitigation Measures 6. Identify Financial Impacts and Benefits to Chula Vista 7. Blend in with the Character of the Community Page 1 8. Give Attention to the Area Surrounding the Stadium Complex 9. Not be Detrimental to the Bayfront Master Plan 10. Not be Detrimental to the Future University Master Plan 2. Deputy Mayor McCann thanked Mr. Sandoval for the background on the stadium sites, and introduced San Diego Chargers Representative Mark Fabiani. Mr. Fabiani begun by explaining the three principles that the Chargers have stated in regards to a Chula Vista stadium: 1. This will be a privately financed facility. The Chargers will not request public funding from the City of Chula Vista. 2. No stadium will be approved without a public vote. 3. There will be a thorough environmental review. Mr. Fabiani explained that the one major issue stopping progress from moving forward is the South Bay Power Plant. He said the Chargers would like to know a firm date for when the power plant will be dismantled. But he reiterated that the Chargers are not at a point where they are going to put a deadline on the project. 3. Deputy Mayor McCann thanked Mr. Fabiani and introduced Assistant City Manager Scott Tulloch. Mr. Tulloch introduced Michael Meacham, Chula Vista's Director of Conservation & Environmental Services. Mr. Meacham gave a Power Point presentation on the South Bay Power Plant's status. PUBLIC COMMENTS Thirteen individuals spoke to the Subcommittee during the public comments section. CLOSING COMMENTS BY SUBCOMMITTEE MEMBERS Mr. Castaneda said that it is good for the City to have open public discussion about a project the size of a football stadium and pointed out that when the City Council voted to create its subcommittees earlier in the year, openness and public input was the purpose and goal. He reiterated that no matter what, it will be a public vote that will ultimately decide the issue of a stadium in Chula Vista Mr. McCann thanked everyone for coming to the meeting and agreed with Mr. Castaneda's comments about the need for public input in this process. ADJOURNMENT to the next Meeting of the San Diego Chargers Stadium Subcommittee. Page 2 Presentation by City Manager Jim Sandoval ClJUla Vista Chargers Site Selection ",h ore!,,,,,, \';.t.. ':h:"",.,.r""th"lI{"u"".'u,,I,IJ; (,,,,,,,,,,1(,,1"""'''''''1',,,,,,,.,. ;I'<"'t,<I".....1',I.,,,{)..;,;.. ~\"._.~':~tC;:;,~rf;,,1d (~ /' ~;;>~~. ~~~,~;,~;''''1 /' , sf) 5-01"YRlflChV,II.,!/C'J"'.........;, r,:;r/ :.:::,,, Ul", RmchV,I/.ge':J,' 'j' /"" ::;;,\, 7. Rock QU;J/fY . .t.." ....\ ~,. '. ~'--"'~f<""'T"'V' ,~, M-l 8 Ol~, I/,,,,.h V'I/;J9':~;"-- ..,,,.... ,.....':-:.>:.o:::-r;-'-' :S~ '.""1,':": 5;:0:\ <; i~,i ,. A . , i)" ~"': ~~;j\.:r,~\'~\c\~' ('1/ ";':' ':x\>< . ~~/:: .., I.' .'!!:"."~,. .\" /. , . ,.~,:I -\;' , ~~ J_ ,-.../ ':'1 l d'.~') .." ~. '1 ',~ \ ,.....;-- ,",," "~.... _ ~;-', '" \ . ""~.' I' ,. . ,~, \.. \" , - -.------ <'~.' , ::'1 IiI:,"...,' ," "' ,; \" ~ \' _",' __~~' - -~~'}\ I ,~,/ , ..;..,J;~::(,::,.l:.. (/. ~:\"w. ( ~,_~J\:.) -- ltr --'-~J-' ,-,y., "', "\\ _ I 1'0' <'!\.,,,,, "~.-,}.~.\.-j..Jr_\.\:;.VO;~((__ i '>v ) ~~., '\.u...... ! :\. '~0,\.-lU\::\-.'\'~\~., '-1, J- /\......1'1 \t. 'Y\ ~::;:y ., . po, .\.,,/ \ "'-" j' :+\\1..... '; ~r~~\t~::":r\'l/~rl::':J ~,~ l. :"'-t-<r ,',f.\,t::'.O-,N.., f' ')']1 \ff) , \ \' I I r-;q o. '_..\'__'C: ..._L _"_ ' /:......".-....-.- \"\ <:-, ,~- -"-'\"I(;I!I>../ff!.'E}) ~ I 4 l, l'ih "rChul.. Vj_'" ("1'~'w;<Fu,,\h,,11 "",nl""'~' LtC A Variety of Sites ('''''1''',.1("1"'''1.."",'1',,,-,,,,.,-, ,t",hll"I",,-, L','I,~" lJ"i~,r Page 1 Presentation by City Manager Jim Sandoval Pursuant to Previous City Council Direction (January 23, 2007) Any Chula Vista Stadium Proposal would have to Abide by the Following Principles: 1. Include Extensive Public Input 2. Have Extensive Public Review of its Design 3. Not Involve Existing City of Chula Vista General Fund Monies (new monies generated by the project mcJY possibly be used as an incentive) 4. Not Create Either Short or Long-Term Fiscal Deficits to the City 5. Identify Environmental Impacts and Provide ApplOpriate Mitigation Measures 6. Identify Financial Impacts and Benefits to Chula Vista 7 8. Glend in with the Character of the Community 9. 10. Give Attention to the Area Surrounding the Stadium Complex A Not be Detrimental to the Bayfront Master Plan o Not be DetHmental to the Future University Master Plae ..:~~(f?- -;~; "".' U-I('l'.VIQ;, Ci'J,dChui..\'i,.la fh.,"o,-. f'....l!".1I C""'I~,nJ, I.IJ: , ""'''''', 1(,,1"'''\''''' ,~ I'.."'"..... .~""It'f....1Ul.... U,boMO..ill" .' "I '" l ~:ii;'~\Tr "'~~:r;~f~J~;-'" ,:1;)<\ ji'';'' ::~J . '. v, r,;,'\ ~\i~ !. . r" .~~':" ~.~V~~:sr~; ';'\.;; I,i( (' 'Y." ~ 1,/': .:". \"';.e--;:"'iiTl.'.' .;; ,~. 'if!,t j' __r.--~ '1\ . I_ "~J ., I I , .'.1:_.;.' f ~~L_" -= Jl El ~ ~ --~-"' , ';;:. ~~i.';_;' ,'~~11;; 1'-1; J..: t ,:.tr~.:,!','tc."! i ., : (\~~,,;~ .''''. .> ! ""'" f t", ...~ "', C;h"i'C1"i1..\',.'" 1'1,:,. L'" . !',,,,U..,lll',,,,, I'''''~, 1.I.l: Bayfront VS. Otay C....I~.'.Il"I.,"I."n.~ I'"el,"'" ,1"""''','<'1-'''''',(;'-0,,',,1),,'-'1'' Page 2 Presentation by City Manager Jim Sandoval C;I\"'Tlo,,,a\',..,.. (,10"",-,..\".,1"<111'",,,1""""'1.1.<: Scale Comp<lrison - Pittsburgh """"'. 11..lx'cl,,,,,.~ I',,,,,,,.,,. .4f'<h...cm... L"OO" D...II" ........... ...~."~M ~~'::::'~"'~ (',"..fCI",r"\'",,, ,'I"""""r..,,tt...II<'''''''''''l u~: Citywide Transportation System <'''''1'''1.1<",.""""".,'""",.,'. .h..h"....IM.,U'b"a{J"iy" Page 3 Presentation by City Manager Jim Sandoval ,'ily"!,,',..d.,Vj,i,, '.'I''''L'''I'' 1'....'1",11 (''''''1'"",,1.1.1' ". " ". , AlreiJ.dy in place Excess capacity Construction of L street station 18COllilllcmded Increased service and operation needed for game days Clos8 L stl8d on gmne clays f 01 pedestrian access Bayfronl Trolley C""l~',.I("I""-"n... I'"cl,"'" .I"'h\.'"",,,~. [/,./".. [I''','!,I 13,000 Speler)s Available or PI<Jnned (Qu'!'" of !)mkillg D~lllrlllc.l\ ,';I,,,CI:I,,,Io,\',,I,, <:10;""'0"'1:"..'1,;,11'-,,,,,1'''".'',1.1.<: 17,000 SptlC>3S Available or Plnnned 1120% 01 Pinkillg D(;IlI~Jlld) Bayfrent Parking """I"",.U" I.,.,,,,,,,, I',,,',,",, ,\")"',d",'c.U,'I,,,,,/J'''.'I'' Page 4 Presentation by City Manager Jim Sandoval ,:;"'"fl'I",I,,\"i,,.. ('I,:"~",, 1',,,,110,,11 "",,,,,,,,) I,Le Bayfront Master Plan (''''''''''',11"1.,'1."""",""""",, A",h"'<'I~...Vr"'mli..ii!"j <:;"'"1'(:1,,,1,,\';.1.. ('I,~, ~,,'" 1'""(1,,,11 (''''''L'''''). 1.1,<: 11..1",0'1...".."''''''''-'' cr.I",oth',,'" Page 5 Presentation by Assistant City Manager Scott Tulloch and Director of Conservation and Environmental Services Michael Meacham Bayfront Energy Infrastructure Status Council Objectives and Direction to Staff June 8, 2009 ,t.-~-; r: <.]~ 11 Reduce the energy infrastructure constraints to l3ay[ront improvements and provide for economic development and public access a Reduce the air and water quality impacts to the community and aesthetic impacts to thc Bavti'ont li'OIl] the energy inli'astruclure and operations . r=~:.'~" -~-=<--,-",:;'->->.~:;':'''~.stf "';"'_<:~1l6-;;-';"'~'" ':P;~:~F~~~/.&t .;;w:.+_-"'1.,. ..," "~-,, ":Jli.'".,~ --,,~c~.-,,_., __~:&j~y~~~~ I -!1' --:~, t :t ~~l ~1~~'!",~-iQ;;;-~ ~;:~,.1j:<<,O\&i.~'~\I:',,~ l,~ """=.",, "",,",' ~~~t~'7;#~'i I' , Cn~~l l;fP---~ l[tl~~:2~:;'j Secr. Tul O~l, Assistant C ty ManagG( MichaelT. Meacham, Direetor Conster:;;toon&E::nv;[cnmcntaIServccs ~'Ii ,."'~ ',e,-, C;ff~&~~~; - "J ~ - ......~ ~'~'i~\i\'U Overview: ~': 'ilJ;::\\)X~ , !<1:\ili--""'~')'il\~"'j The SBPP occupies approx. 130 acres ~;,.:~ '~"', -', :\,,\P.~''k . The subst,aiiol1 occupies approx. 17.5 acres ~:~r;t.:::-~';;'- ",.,~j,fi\f{~ ~:"''''I .....'..,;;.\~ The Transmission Corridor ocrupies ~~ 'Or l:fL .,' app:ox a 300ft wide by 3mile long 'I ~ ~":jg:';1'{~ [:[\ 0 COrridor ~ I~:'d ;-l" The 1998 PortlDuke-Dynergy Lease: ' ~, :;:;,:jT,'.:,:~ . Ends November 2009 \Jo ~j!~! . PrOVIdes for the plant demmmission \. J. 11.\: ;1 and removal plan to be in place and ,'-. " -;'$ ~~~~eOs1s0~oa~~/~~derway by February n;j~'::~,,;:~;:"L'~f;tl . ~~~~!i~l!f~: ~~~%~nu~e~igna(iOn i~~d~I~),1~ f..'\.:~"",.._.t'~ lilt'~~JtV:A-;;"'eJ 11~ (\'~-::~Jf~! ~",,::t:ii.f/~I:il >:~'1. _. . "'\ ;<~:1" ~ ~ - \jf Page 1 Presentation by Assistant City Manager Scott Tulloch and Director of Conservation and Environmental Services Michael Meacham The City/SDG&E Franchise/MOU Agreement funds removal of the Transmiss en lowers and relocation of the substafon Transmission Line Towers North of J are scheduled to be down fall/winter this year The Port & SDG&E are negotiating a ~.7''' substation rept3cement site ci approximately r,,;.....; 13 acres at the southern edge of the Bayfrant ;:.,~ property Based on the CitylSDG&E Franchise/MOU ~~~~~)fl~i:~~:~m; _E 2007 Council Recommendations to the Port of San of Diego Infrastructure Enhancements: . In February 2007 The City Council unanimously: - reaffirmed its formal position that the South Sa; Power Plan; be decommissiOled by January 2010, and demolished immediately thereafter, - Moved that the Port be reqLested immediately to initiate such steps as may be necessary to accomplish the decommissioning and demolition of the South Bay Power Plant by 2010, - Moved that the Port be reqLBsted to not enter into any contracts or contract extensions that would violate the above, end 131 In March 2007 the City Council also took a forrr.lll position that it does not want a power plant, old or new on its b~ front. "~'~ - "'.,!:'1n> -' -1'11"""- t ,.., .. ,,'" .'_..~.' ."""-1i: ~~~~~~~ '~""""i'fJrr""",v_. 2009 Council Recommendations 2009 Council Recommendations April 21, 2009 Council Direction: a Directed staff to assemble specific information on potential pubrcly and privately owned alternate generation sites within Chula Vista that are at least four acres in size, at least 1,000 feet from sensitive receptors. and zoned for general industr al uses. a Convene a Blue Ribbon Committee of City, Federal, State and Local elected leaders to work collectively with CAISO and other state energy agencies to secure specific commitments for projects and tlmellnes resulting in the removal of RMR from South Bay Power Plant. a Assemble the necessary information on the renewal of the NPDES permit renewal for SBPP and communicate with the RWOCB that the City wants to be involved in the process and opposes a full five-year renewal of the permit . Request a status report from the Port District on any current or proposed lease extension negotiations related to the South Bay plant or the substation and present results to the Energy Subcommittee and full Council for direction. April 2009 continued. .. It Request that the Port begin the ER process for tre South Bay Power Plant demolition It Request that the Port include theCity in the Ports discussions with SDG&E on matters that relate to Chula Vista. It Request staff to prepare a report to the Council so Coulcil take position on SB 42. It Ensure that the two million slimulLS dollars for energy efflcency block grants is spent in a wa; that helps us the most in getting rid of the SBPP Energy infrastrucllJre sfmulus money should tie in with energy efficient ceve opment based on a comnitment that all new bayfront redevelop'nent would meet or exceed the highest energy efficiency standards June 2, 2009 Action . Council assigned a new Port Commissioner and with direction that the decommissionilg of the SBPP be a priority. Page 2 Presentation by Assistant City Manager Scott Tulloch and Director of Conservation and Environmental Services Michael Meacham ;.'1"'" I ""',,- i.?1\ \j ; \ij? /~j AU' ,~:'#l ~r't""'~? . ." _ ....A "( ,-,-' t-.. .i _' :r _' I W::~~ic t-tlj b # '\.~:,. ~-,; ?A I \ ,1..1"" . ...""","",.pc'"'l 'I.',; " .~.~ \J~'\;/<"((l f \ '1]:~~."": 1j-' J':~~rr~f;~~~_.7 ;r" 'T ""~' '~~T,~-,:c."_ I>~:~_'cc_'" - ';' ..r'C....l'!.Fe..,,,.< ; , .~-."." cflL~,-, ,- ;...:i,~."'D' \ ~C;' too'_ /" -' "'I . i~' ~~ '1 . ~x~Jl .f 1tj~~~~i \f~~jr.}~'d~" ~.Li , ",,, '\8" ~;/~:'il--~"4 __-"-..-' " M' c>~~:~'l~<,~/~'~, ~:C~';:Jj.1V'S~~i~ ./ '. ',;'. ' ,ij \ -~c..J-K--CHULA VISTt.; ,S' ~.'." '\ \ f''v so':;:e:'~~'~;;~':~~"'MJ1~~{~~~~,L / . > : T~an.,m;",;itl" Lines - I I D 1 . 0"" "'ft~:::~~~~==M"\i:'_: p,..",;tJ'''''''" Key Events & Actions :""1 '.)B,\<, Port - Dynergy Lease & Cooperation Agreements Negotiations - Ongoing SBPP Discharge Permit Renewal (RWQCB) May to October 2009 CAISO Correspondence on SBPP At Least 2 of 3 (1)Sunrise, (2) Ot2Y Mesa Generating Facility (585Mw), and (3) ado'tion;)1 Peaking Capac ty CAISO Annual RMR Review August to November CPUC Resource Adequacy (RA) Local Capacity Requirement (LCR) - RrVlR "equiv8Ient" CPUC Long Term Procurement Plan CPUC: 130Mw wi;h Sunrise, <'.OOMw without Sunrise Orange Grove (9SMw) & Miramar (50Mw) approved and in service later this year? CVEUP (100Mw), Larkspur, Wildflower and other pOSSible peaker applicetions saG. SDG&E Generation RFP expected May 2009 ~E ,,~,~ ~) Califo[;'L~"I,~9 I.:~ ,....;,., IUolI 1'''';'0 ;;'" 'ij} . .;3!s"rnl'l..rr.?,~y",.,,^ ~.eH' -J;; ,- ~.~~~ ='.'''.1 .>0.,< ;;;;:;';"" ~ilfili: Alternative Site Options /' '::;~.:_L . ~ \ : ' I. '. (:,i , "r ~:.t('_1.., .' , . i-;./~'.' '- \ ~ ,'(--- -', .- Page 3 G/.J3/Dq f'tAJok c.om~ --rbe~<>>:C\ ~~ What follows is part of the agenda packet from 10/24/06 when the mobile home park overlay zone was adopted by the council. Jade Bay was one of the 32 Mobile Home Parks included in the overlay. Tomorrow the Planning Commission is supposed to consider a rezone of this property from MHP exclusive to R3P. This is a violation of the promise made to the residents of mobile homes in 2006. The purpose of this overlay was to add another step "prior to a closure and/or a rezone." Staff has eliminated the step of a relocation plan approved "by the city" and a hearing by the City Council making findings. This is not acceptable and a violation of trust. A promise is a promise and the council promised to add this additional safeguard back in 2006. Staff is saying that the relocation plan approved by the bankruptcy judge meets this provision. We disagree. The bankruptcy judge has nothing to do with the city. The entire bankruptcy was a shady deal. It is in the city's best interest to require a relocation plan that takes into account the necessity of paying a part of the rent of a number of people for 6 or 7 years until they can qualify for Section 8. This is an expense the city has already borne for over 2 years. The. city also paid for a bankruptcy attorney. If the city is ever to get some compensation for these expenses the time is now. This matter must not go to the Planning Commission until the city has a relocation plan dealing with the problems caused by the owner's actions, and the residents get a hearing where they can make clear the adverse affects of this matter upon them. The city should not make the findings until such time as some deal is worked out with the greedy, unscrupulous owner to reimburse the city at least in part for its expenses, if not to take care of the residents until they qualify for section 8. In Chula Vista. mobilehome developments have historically been a part of that supply. and have effectively provided a unique and affordable housing source. Housing costs for mobilehome living are often lower than market rates for other types of housing such as comparable sized rental apartments. As such. it is not uncommon to find that many of the households residing in mobilehome developments are living on fixed incomes. or are otherwise in need of lower-income affordable housing. Additionally. many residents own their own coach. but rent or lease the land space. leaving them vulnerable to changes in land use. These circumstances can present added challenges in finding suitable replacement housing options for mobile home residents in the event of potential closure of one or niore of these developments. As shown on Figure 5-18(A). there are currently 32 mobilehome developments within the City in a variety of settings ranging from well organized and maintained parks with exclusive Mobile Home Park (MHP) zoning. to less formal and often smaller trailer parks in areas zoned for commercial or other development. Within the Urban Core Subarea. several mobilehome developments fall within the Interstate 5 Corridor District where higher density housing and transit-focused mixed uses are envisioned to occur. With increasing housing demands and rising land costs throughout the region. the likelihood for potential closure of some mobilehome developments over time is real. In recognition of these circumstances. and in order to better balance the often unique needs of mobilehome residents with the challenges in locating suitable replacement housing. it is important that analysis and planning be undertaken in accordance with the principles of the Housing Element obiectives prior to the City's consideration of any requested change in use and/or rezoning affecting anv of the existing mobilehome sites. In order to accomplish this. the Mobilehome Overlav District is established to ensure that the appropriate evaluation .and consideration of the affects of potential changes in use and/or urban redevelopment on this unique form of housing from the standpoints of housing opportunity. affordabilitv. and displacement. replacement and/or relocation assistance is conducted in accordance with the principles et forth in the Housing Element and the Municipal Code. , As stated in the following Obiective and Policies. the Mobilehome Overlav District ensures that the analvsis and planning on the affects of closure on existing mobilehome residents is conducted and that the property owner and/or proiect proponent has prepared and carried out a plan to address those affects as required bv the Municipal Code. Obiective - LUT 34.A Ensure sufficient evaluation and response to the effects of anv change of use or urban redevelopment of existing mobilehome develbpments. . - . Policies LUT 34AI Prior to the Citv's consideration of anv proposed change of use and/or rezoning.pursuan1.to Municipal C9de Chapter 9.40.of axlV mobilehome development properties within the City'as identified on Figure 5-18(A). the propertv owner and/or proiect proponent shall prepare a plan in conformance with applicable'State and City regulations ' including Municipal Code Chapter 9AO, and to the satisfaction of the Director of Planning and Building and !h~ Director of Community Development. that provides steps and provisions intended to resolve anv adverse impacts of the conversion on the affected residents, ' ' . LUT 34A2 At thEHime of consideration of anv change of use and/or rezoning ofanv' of the mobilehome properties noted above. the Citv Council shall review the plan prepared under Policv 34A I. and prior to takina action on said chanae of use and/or rezonina in accordance with the reauirements of Municipal Code Chapter 19,06 and section 19.12.020. . shall make the followina findinQs: . That the proposed change of use and/or rezoning will not adverselv affect attainment of the Citv's goal to provide a varietv of housing options within the Citv. (Housing Element Obiective 3) . That the proposed change of use and/or rezoning is supported bv sound planning principles. and will further opportunities to provide higher densitv. affordable replacement housing within the Citv, (Housing Element Obiective 3) . That the propertv owner and/or proiect proponent plan does ensure sufficient evaluation and response to the effects of the change of use and/or rezoning of the existing mobilehome development. (Housing Element Obiective 4) That the proposed change of use and/or rezoning will not result in severe or undue hardship on affected mobilehome residents, (Housing Element Obiective 4) . That the property owner and/or proiect proponent plan complies with applicable City and State mobilehome conversion and relocation regulations. (Housing Element Obiective 4) , That prior to the commencement of any closure of the mobilehome development. that the property owner( s) will prepare and ensure performance of a detailed closure and relocation plan consistent with the requirements ofCVMC Section 9.40 and applicable State regulations, and to the satisfaction of Directors of Planning and Building and Community Development. and/or rezoning affecting any of the existing mobilehome sites, In order to accomplish this. the Mobilehome Overlay District is established to ensure that the appropriate evaluation and consideration of the affects of potential changes in use and/or urban redevelopment on this unique form of housing from the standpoints of housing opportunity. affordability, and displacement. replacement and/or relocation assistance is conducted in accordance with the principles et forth in the Housing Element and the Municipal Code. As stated in the following Obiective and Policies. the Mobilehome Overlay District ensures that the analysis and planning on the affects of closure on existing mobilehome residents is conducted and that the property owner and/or proiect proponent has prepared and carried out a plan to address those affects as required by the Municipal Code. , - - . ~~- '\ 0\\'\'c lp\"\>tWA'11 City ofChula Vista Southwest Redevelopment Project Area Fiscal Years 1991-2006 . . . .. . . _ ' ., ' ", ~.., ". .' . 10, ' '.' . ..,.. .~, . ..';....; .. - .., '" ,,,, . j", ."..." I" 1 ,. , JI '.... "'" '" ~r~ss Taxlncrement:\ 0 433,654 333,278. 329,541 359,058 581,312 499,476 510,635 577,229 581,835 1,223,533 1,293,769 1,567,445 1,876,209 2,157,676 2,911,943 l15,S,n,29g) Lcwand~,10d~rateSetf,side 0 (85,73i) (66,655) (65,908) (73812) (115252) (99,89~) (102,127) (135,566) (17S,J5il (244.72i) (258,754) (333,429) (375,242) (431.535) (562,390) (3,129,450) rJeJotia:ed Taxing Agreeement 0 . (178,253) (136,934) (135,458) (151701) (238948) (205310) (20S 897) (278,622) (362,478) (502,974) (531,804) (685,403) (771.216) (836,913) (1,155,852) (6.431,822) (NetTax Increrr,entl 0 158,670 129,628 123,175 143,545 226,101 ',94,271 198,611 263,642 342.S-90 475,932 503,211 648,553 729,751 829,228 1,093,708 (.6086,017 Advances: Ge"eralfund 286,101 88,701 96308 99,413 1i8,450 127,308 122,205 117,441 134,599 126,556 1,317,022 6ayfronVTown ~enter 1- 230,000 100,000 380,000 TrJnk Se.....er 825,000 825,000 Town Center II 300,000 300,000 O\ayValiey 199,225 49,500 2~8,725 Tota! Acvances 230,000 100,000 1,1'11,',01 287,925 145,803 99.413 4',S,450c 127,308 122205 , 17,441 134,599 125,555 3,070,607 0" 2000 T AS Sond Proceeds 1,796,428 1,795,428 In:erel Earned. bond Proceeds 4J,354 78250 60.127 16.844 10,466 25,531 231,582 Total,::tesources 280,000 258,570 129,~23 '28,175 143.5~5 1.337,2J2 4:2,197 344.419 353.055 .761,440 2,440,022 703676 325,'21 881,194 975,250 1,119.239 11,184,834 . ~ . Repayment of Advances: inJr.k Sewer (641,S38) (478,652) (7,284) (6) (1,127,890) T::r.H, Center II (JOa,a00) (3JO,OOO) OtajVafley ,,,. ~, (243,i2S) (248,725) Sa,.1ronVTown Ctr I - (125000) (125,000) Tc:al Re;Jayment of A:=vances (1,190,663) (125000) (478,652) (7,284) (6) (1,801,615) .. Debt Service Cypress Creek Notes Payabie (58701) (~.6,3?5) (9~.413) (118450) (127.3:)8) (122 205) (117.441) (133674) (90.997) (994,497) 200,) TASS ~ . (45,255) (t33.4~2) (136,250) (1368i'5) (155735) (166623) (785,211) 20G5 ERN loan . ~ . ~, (17.555) (17,565) 2006 EMF lean To:al Debt Service (508,701) (96.308) (93.4'31 (118,450) (172,574) (255,55/) (253.701) (2705<9) (257732) (184,188) (1,79i.273) Total Repayment & Debt Serv '" (96,308) P,598,888} (88,701l-c - (99,41:;) (118,450} (1,353,237) (:\80,657) (732,363) (277,833) {257,738} (184,188) Transfersln(Out) (4.107) (4,i07) (S,eS5) (5,895) (5,895) (5,855) (5.540) (4,509) (3,404) (~5,247) ~-----:-""\ .' (S89,S10) C(~:728~,19~~ ~'YStaffServlce' (117,c57) (137,917) (120,950) (16u,E51) (201,672) (242,534) (3J3,761) (230.455) (i92,388) (39S.777) (541,4S6) (569,9E4) (578,499) (531,064) (512,629) R0222'Pal0mar5: ShO~;lina C~n:er pO,a,:})) (i67,826) (i8,Oi.Q (21.014) (10,050) (235) (307,183) Staff Time and elP (147,857) (305,744) (198,964) (181,555) (211,722) (242,584) (304,046) (230,466) (192,3.88) (396,777) (5-41,486) (569,984) (578,499) (531,064) (512,629) (889,510) (6,035,383) TO:21 Remaining 132,143 (37,074) (59,3351 {53,490) (68,177) 1,094,618 89,451 17,546 71,254 :245,213 535,299 (:246.964) (4-84,742) 72,298 205,883 45,540 1,505,316 Pass Through Detail Capital and Redevelopment Projects L::wand Moderate SetP,side 2::1.:100% Avaiia:.le Balance 1.505,315 County of San Diego .8.000% Palo:T,ar Street vVdening 243,591 Sweetwater Union High $ch.:>ol 7.180% General Plan Update 139,112 SOl.th.....estern Communi!)' Coilege 1.932% Net P'Jrchase Price Fulier Ford 1,011,000 SO County Office of Ej'Jcation 1.013% Main Street VVideninq 500,000 Chula Vis.ta Eiementary Sc'1::>o1 10.830% Total Proje~ Costs U9S,B03 Total Pass Throuqhs 59.105% Ir.terest Paid on Advances 45,910 Outstanding Ad-lances 1.667.082 Remaining Amount (2,',06,479)